First Previous (Chapter II. Harbour Rates Orders.) Next (PART VII. Finance and Accounts.)

9 1946

HARBOURS ACT, 1946

Chapter III.

Payment and Recovery of Rates.

Person by whom rates are to be payable.

109. —Subject to the provisions of this Part of this Act—

(a) tonnage rates shall be payable by the master or owner of the vessel in respect of which such rates are charged,

(b) goods rates shall be payable by the owner of the goods in respect of which such rates are charged,

(c) service rates shall be payable by the person for whom the work or service in respect of which such rates are charged was done or rendered.

Payment of rates.

110. —(1) Tonnage rates shall be paid to a harbour authority at the office of the collector of rates within the next three days after the day upon which the tonnage rates become payable.

(2) Service rates shall be paid to a harbour authority at the office of the collector of rates either, at the option of the harbour authority, before the work or service in respect of which the service rates are charged is done or rendered or before whichever of the following events first occurs:

(a) the removal of the goods in relation to which the service rates are charged from the limits of the harbour of the harbour authority,

(b) the expiration of two weeks from the date when the work or service is done or rendered.

(3) Goods rates shall be paid to a harbour authority at the office of the collector of rates—

(a) in respect of goods to be shipped, before they are shipped, and

(b) in respect of goods to be unshipped or transhipped, either, at the option of the harbour authority, before they are unshipped or transhipped or before which ever of the following events first occurs:

(i) the removal of the goods from the limits of the harbour of the harbour authority,

(ii) the expiration of two weeks from the date when the goods are unshipped or transhipped.

Obligations of masters of vessels in relation to goods unshipped or shipped.

111. —(1) Where goods are intended to be unshipped within the limits of the harbour of a harbour authority, the master of the vessel containing the goods shall—

(a) within twenty-four hours after the arrival of the vessel, deliver at the office of the collector of rates the name of the consignee of the goods or, if the goods are to be delivered to some other person, the name of that person, and

(b) within such twenty-four hours, deliver at the office of the collector of rates a true account of the goods and there produce, if so required by the harbour authority, such manifests, bills of lading or other documents relating to the goods as will show the true nature, quantity and weight thereof, and

(c) if so required by the harbour authority, give twelve hours' or such shorter notice as they may specify at the office of the collector of rates of the time at which it is intended to unship the goods or any part thereof.

(2) Where goods are intended to be shipped within the limits of the harbour of a harbour authority, the master of the vessel into which the goods are to be shipped shall—

(a) before loading the goods—

(i) deliver at the office of the collector of rates particulars in writing of the goods, and

(ii) if so required by the harbour authority procure a permit from the harbour authority to ship the goods, and

(b) after loading the goods and before sailing—

(i) produce, if required by the harbour authority, all manifests, bills of lading, ship's books or other documents relating to the goods, and

(ii) pay all rates (if any) payable and then unpaid in respect of the goods.

(3) A master of a vessel who fails to comply with any requirement of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Obligations of persons shipping, transhipping or unshipping goods.

112. —(1) Where a person ships, tranships or unships goods within the limits of the harbour of a harbour authority, he shall, before the goods are shipped, transhipped or removed from the limits of the harbour (as the case may be)—

(a) give at the office of the collector of rates a true account of the nature, quantity and weight of the goods, and

(b) verify such account, if so required by the harbour authority, by producing such books and documents as are necessary for that purpose, and

(c) pay all the appropriate rates payable in respect of the goods.

(2) If in respect of any goods—

(a) there is a failure to give such account as is required by this section, or

(b) there is a failure to verify any such account in the manner specified by this section when required so to do by a harbour authority, or

(c) an account is given or a book or document is produced in the course of a verification under this section in which there is an entry which is false or misleading in any material particular,

the person shipping, transhipping or unshipping (as the case may be) the goods shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Agreements in respect of the payment of rates.

113. —(1) Notwithstanding anything contained in this Part of this Act but subject to the provisions of subsection (2) of this section, a harbour authority may make and carry out an agreement with a person liable to pay rates to the harbour authority for the purpose of—

(a) the giving of credit to such person in respect of the rates,

(b) the giving of security by such person for the rates,

(c) authorising the harbour authority to take a deposit on account of the rates,

(d) the furnishing by such person of particulars (otherwise than under and in accordance with the relevant provisions of this Chapter of this Part of this Act) of the subjects of charge in respect of which the rates are payable by him.

(2) An agreement under this section shall not make or give any undue or unreasonable preference or advantage to or in favour of any particular person nor subject any particular person to any undue or unreasonable disadvantage.

Ascertainment of rates payable.

114. —(1) The collector of rates of a harbour authority may enter a vessel within the limits of the harbour of the harbour authority in order to ascertain the rates payable in respect of the vessel or in respect of any goods therein.

(2) If a dispute should arise between a collector of rates and the master of any vessel or the owner of any goods concerning the weight or quantity of any goods in respect of which rates are payable, the collector of rates may cause the goods to be weighed or measured and for that purpose may detain the vessel containing the goods.

(3) Where any goods are weighed or measured in pursuance of subsection (2) of this section, the following provisions shall have effect in relation to the expenses of the weighing or measuring:

(a) if the weight or quantity of the goods be greater than that shown by the documents or the account or statement thereof delivered in pursuance of the provisions of this Chapter of this Part of this Act, such expenses shall be paid to the harbour authority and shall be recoverable as if they were in respect of goods rates charged on the goods,

(b) if the weight or quantity of the goods be the same or less than that shown by such documents, account or statement, such expenses, and any other expenses occasioned by the weighing or measuring or by the detention of the vessel for that purpose, shall be paid by the harbour authority.

Penalties for evading payment of rates.

115. —A person liable to pay rates to a harbour authority who evades or attempts to evade payment of the rates shall, without prejudice to any proceedings or steps taken or to be taken for the purpose of recovering the rates, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

Remedies for nonpayment of tonnage rates.

116. —(1) Where default is made in the payment to a harbour authority of tonnage rates on a vessel, the collector of rates of the harbour authority may board the vessel, and unless the rates are there and then paid, may distrain the vessel and the tackle, apparel and furniture thereof.

(2) No article forfeitable under the Customs Acts shall be distrained under this section.

(3) Any vessel, tackle, apparel or furniture distrained under this section may—

(a) be detained until the tonnage rates in respect of which the distraint was made are paid or until security is given in respect thereof, or

(b) if such rates are not paid within seven days after the distraint, be sold in accordance with the provisions of this section by the harbour master.

(4) The following provisions shall have effect in respect of the sale of a vessel distrained under this section on behalf of a harbour authority:

(a) the sale shall be authorised by order of the harbour authority and shall not take place unless the harbour authority by order so direct;

(b) the order shall contain a declaration vesting in the harbour master of the harbour authority by virtue of the order the right to transfer the vessel, and the harbour master shall by virtue of such declaration be entitled to transfer the vessel in the same manner and to the same extent as if he were the registered owner thereof;

(c) the sale shall operate to vest the vessel in the purchaser freed of all mortgages, liens, charges or other interests therein whatsoever, and the purchaser shall not require any other evidence of title to the vessel than a copy, certified by the harbour master, of the order of the harbour authority directing the sale;

(d) a registrar of shipping shall, on production of the order or a copy thereof certified by the harbour master, register the bill of sale effecting the transfer in the same manner as if the harbour master were the registered owner.

(5) A harbour authority shall not sell under this section for home use any article if any prohibition or restriction on importation applies in respect thereof or if the price which would be obtained does not equal or exceed the amount of any duties of customs or excise payable in respect thereof.

(6) Where a sale has been carried out under this section, the proceeds thereof shall be applied firstly in payment of any duties of customs or excise payable in respect of any of the articles sold and secondly in payment of the tonnage rates in respect of which such sale was carried out, and any expenses of and incidental to such sale, and the surplus (if any) shall be paid on demand to the former owner or master of the relevant vessel.

(7) Where—

(a) a harbour authority are unable or deem it inexpedient to make a distraint in accordance with this section, or

(b) the proceeds of a sale under this section are not sufficient to pay all the tonnage rates payable to the harbour authority and the expenses of and incidental to such sale,

the rates due or the amount of the deficiency (as the case may be) may be sued for and recovered by the harbour authority as a simple contract debt in any court of competent jurisdiction.

(8) Nothing in this section shall be construed as prejudicing any forfeiture to which a vessel is subject under the Customs Acts or the Merchant Shipping Acts, 1894 to 1939.

Remedies for nonpayment of goods rates and service rates.

117. —(1) Where default is made in the payment to a harbour authority of any goods or service rates, the collector of rates of the harbour authority may enter any vessel or other place (being within the limits of the harbour of the harbour authority) in which the goods in respect of which the rates were charged are kept and distrain such goods, or, if they have been removed from within the limits of the harbour, the said collector may enter any vessel or other place within such limits and distrain any other goods found therein belonging to the person in default.

(2) No goods forfeitable under the Customs Acts shall be distrained under this section.

(3) The following provisions shall have effect in relation to goods distrained under this section on behalf of a harbour authority:

(a) without prejudice to any other remedy for the rates due on the goods, the harbour authority may sell all or so much as they think fit of the goods subject to the proviso that a sale for home use shall not be effected where any prohibition or restriction on importation applies in respect of the goods proposed to be sold or where the price which would be obtained does not equal or exceed the amount of any duties of customs or excise payable in respect of the goods proposed to be sold;

(b) if the goods are perishable, they may be sold forthwith or at any time, but in any other case the goods shall not be sold until after the expiration of one month from the time at which they were unshipped or delivered within the limits of the harbour of the harbour authority;

(c) the proceeds of any such sale shall be applied by the harbour authority in paying the following charges in the following order:

(i) any customs or excise duties in respect of the goods, and

(ii) the rates payable in respect of the goods and the expenses of and incidental to the sale, and

(iii) any freight due in respect of the goods, if the harbour authority receive notice that such freight is due and unpaid;

(d) where the proceeds of any such sale have been applied as aforesaid—

(i) if any surplus remains, it shall be paid, on demand, to the person appearing to the harbour authority to be entitled thereto, and

(ii) if the rates due on the goods and the expenses of and incidental to the sale remain unpaid in whole or in part, the rates and expenses or the balance thereof (as the case may be) may be recovered by the harbour authority as a simple contract debt in any court of competent jurisdiction, and

(e) any of the goods which are not sold shall, with the consent of the Revenue Commissioners and provided that all customs or excise duties payable in respect thereof have been paid, be delivered, on demand, to the person appearing to the harbour authority to be entitled thereto.

(4) Where a harbour authority are unable or consider it inexpedient to recover goods or service rates by distraint and sale under this section, they may recover the rates as a simple contract debt in any court of competent jurisdiction.

Power to refuse to give clearance in certain cases.

118. —The collector or other proper officer of customs and excise for the district within which a harbour is situated may, with the consent of the Revenue Commissioners, refuse to give a clearance outward of a vessel within the limits of the harbour until—

(a) the master of the vessel has produced to such collector or officer a certificate signed by the collector of rates for the harbour stating that all the rates payable to the harbour authority for the harbour in respect of the vessel and the cargo thereof have been paid, or

(b) where there is any dispute as to such rates, such collector or officer has received notification from the collector of rates for the harbour that such collector of rates has been given satisfactory security for the payment of such rates.