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HARBOURS ACT, 1996
Preliminary and General
Short title and commencement.
1. —(1) This Act may be cited as the Harbours Act, 1996.
(2) (a) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
(b) An order under this subsection may as respects the repeal effected by section 5 (2) of the enactments mentioned in the Second Schedule fix different days for the repeal of different such enactments or for the repeal for different purposes of any such enactment.
(c) An order under this subsection in relation to subsection (4) or (5) of section 88 shall only be made with the consent of the Minister for the Environment.
2. —(1) In this Act, except where the context otherwise requires—
“the Act of 1946” means the Harbours Act, 1946 ;
“company” means a company referred to in section 7 ;
“company's harbour” shall be construed in accordance with section 7 (3);
“the Companies Acts” means the Companies Act, 1963 , and every enactment which is to be construed with it as one Act;
“contravene”, in relation to a provision, includes, where appropriate, fail or refuse to comply with the provision and cognate words shall be construed accordingly;
“document” includes a disc, tape, sound track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form;
“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;
“harbour” (other than in sections 86 to 89 ) means a harbour, functions in respect of which are conferred on a company by or under this Act;
“harbour authority” means a harbour authority within the meaning of the Act of 1946;
“harbour master” shall be construed in accordance with section 37 (1);
“holding company” has the meaning assigned to it by section 155 of the Companies Act, 1963 ;
“former harbour authority” means a harbour authority referred to in section 81 ;
“land” includes land covered by water;
“local authority” means a local authority for the purposes of the Local Government Act, 1941 ;
“master”, in relation to a ship, means the person having command or charge of the ship, but does not include a pilot;
“the Minister” means the Minister for the Marine;
“pilot” means any person not belonging to a ship who has the conduct thereof;
“pilotage authority” has the same meaning as it has in the Pilotage Act, 1913;
“pilotage district” means a pilotage district referred to in Part IV ;
“recognised trade union or staff association” means a trade union or staff association recognised by a company for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees;
“relevant vesting day” shall be construed in accordance with subsection (3) (a);
“ship” includes any description of vessel used in navigation and any boat (other than a boat propelled by oars);
“State authority” means an authority being—
(a) a Minister of the Government, or
(b) the Commissioners of Public Works in Ireland;
“subsidiary” means a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of the particular company to which the provision or provisions of this Act containing that expression falls or fall to be applied (whether or not any such provision falls to be applied to any other company or companies);
“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.
(2) A reference in this Act to the functions of the Minister in relation to Dún Laoghaire Harbour shall be construed as a reference to the functions of the Minister under the Dún Laoghaire Harbour Acts, 1990 and 1994.
(3) (a) A reference in this Act to a relevant vesting day shall be construed as a reference to the day appointed under section 7 (2) in relation to the particular company to which the provision or provisions of this Act containing that reference falls or fall to be applied (whether or not any such provision falls to be applied to any other company or companies).
(b) A reference in this Act to the commencement of section 56 or a provision thereof in relation to a company shall, where an order or orders under section 1 (2) fixes or fix different days for the commencement of that section or provision, as the case may be, for different purposes in relation to the company, be construed as references to the day on which, by virtue of the said order or orders, that section or provision, as the case may be, comes into operation in its entirety in relation to the company.
(4) A reference in this Act to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended.
(5) A reference in this Act to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(6) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.
(7) Where any function of a company is, under the memorandum of association of a subsidiary, a function of the subsidiary, every provision of, or of any instrument under, this Act or any other enactment relating to the company shall, in respect of that function, apply to the subsidiary as it applies to the company.
Regulations, orders and directions.
3. —(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purposes of enabling any provision of this Act to have full effect.
(2) An order or regulation made by the Minister under this Act (other than an order made by the Minister under section 1 (2), 7 (2), 43 , 74 (1), 86 or 87 or paragraph 2 or 7 of the Fourth Schedule ) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(3) Where it is proposed to make an order under section 43 , 86 or 87 or an order amending or revoking such an order, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.
(4) (a) The Minister may by order amend or revoke an order made by him or her under this Act (other than an order under section 1 (2) or 7 (2) but including an order under this paragraph).
(b) The Minister may by direction amend or revoke a direction given by him or her under this Act (including a direction under this paragraph).
(c) An order or direction under this subsection shall be made or given in the like manner and its making or giving shall be subject to the like (if any) consents and conditions as the order or direction that it is amending or revoking.
(5) If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation, or for securing or facilitating its operation, and any such regulations may modify any provision of this or any other enactment so far as may be necessary or expedient for the purposes aforesaid but no regulations may be made under this subsection in relation to a provision of this Act after the expiration of 2 years from the commencement of that provision.
4. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
5. —(1) The Harbours Acts, 1946 to 1976, shall stand repealed in relation to—
(a) a harbour in respect of which a company is established pursuant to section 7 , on the relevant vesting day,
(b) a harbour in respect of which an order is made under section 87 , on the day specified in the order for that purpose,
(c) a harbour to which an order under section 88 relates, on the commencement of that order.
(2) Each enactment mentioned in column (2) of the Second Schedule is hereby repealed to the extent specified in column (3) of that Schedule.
(3) So much of any enactment mentioned in the Third Schedule to the Act of 1946 or of any instrument made under any such enactment that is in force immediately before the commencement of this subsection and is inconsistent with any provision of this Act or any instrument made thereunder shall cease to have effect as on and from such commencement.
(4) The enactments mentioned in the Fourth Schedule to the Act of 1946 shall not apply in relation to a company.
Penalties and proceedings.
6. —(1) A person guilty of an offence under section 13 (6), 32 , 33 , 46 , 50 , 52 , 53 , 54 , 60 , 73 , 75 or 77 shall be liable—
(a) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine not exceeding £100,000 or imprisonment for a term not exceeding 2 years or both.
(2) A person guilty of an offence under section 13 (2), 42 , 47 , 48 , 49 , 61 , 66 , 71 , 76 , 78 , 89 (2) or 92 (10) shall be liable, on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both.
(3) (a) On conviction of a person on indictment for an offence to which subsection (1) relates the Court may, in addition to any other penalty, order any apparatus, equipment or other thing used to commit the offence to be forfeited.
(b) An order under this subsection shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.
(4) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person being a director, manager, secretary or other officer of that body corporate, or a person who was purporting to act in that capacity, that person shall also be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(5) (a) Summary proceedings for an offence under this Act may be brought and prosecuted by the company to which the offence relates or in whose harbour or pilotage district the offence has been committed.
(b) Without prejudice to paragraph (a), summary proceedings for an offence under section 33 may be brought and prosecuted by the Minister.
(6) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.