PART III

Provisions in Relation to Safety of Navigation and Security in Harbour

45. —A company shall place and maintain buoys and lights of such kinds and at such points in its harbour as from time to time it considers, after consultation with the Commissioners of Irish Lights, to be necessary.

46. —(1) The harbour master of a harbour may, subject to any bye-laws in force in relation to the harbour, give to the master of a ship using the harbour, such directions in connection with the user of the harbour as the harbour master thinks proper for the purpose of protecting persons and property or regulating traffic and, in particular, for the following purposes:

(a) regulating the time at which and the manner in which the ship may approach, enter into, go out of or lie in or at any part of the harbour and regulating the position, mooring, unmooring, placing or removing of the ship,

(b) regulating the dismantling of the ship,

(c) regulating the take and discharge of ballast in the ship,

(d) regulating the loading or discharging of cargo from the ship,

(e) preventing the ship navigating within the harbour if the harbour master is of the opinion that it is or may become a danger to navigation.

(2) A direction given under this section shall not be repugnant to or inconsistent with any instrument made by the Revenue Commissioners under any enactment, a direction given by them under such an instrument or any enactment, or the law relating to customs.

(3) If the master of a ship refuses or fails to comply with a direction of a harbour master under this section or if a harbour master cannot find the master of a ship in relation to which he or she wishes to give a direction under this section—

(a) the harbour master may carry out the direction and do all things necessary for or incidental to that purpose, and

(b) the expenses incurred in so carrying out the direction shall be paid by the master of the ship to the company by whom the harbour master is employed and, in default of payment, shall be recoverable by the company from the master as a simple contract debt in any court of competent jurisdiction.

(4) If the master of a ship refuses or fails to comply with a direction under this section he or she shall be guilty of an offence.

47. —(1) For the purpose of carrying out any repairs or cleansing operations or for any other purpose arising in relation to a harbour, the harbour master of the harbour may, subject to any bye-laws in force in relation to the harbour, require the master of a ship which is at a place within the harbour to remove the ship therefrom and, when so removed, to place the ship at such place or anchorage as the harbour master may direct.

(2) If the master of a ship refuses or fails to comply with a requirement of a harbour master under this section or if a harbour master cannot find the master of a ship in relation to which the harbour master wishes to make a requirement under this section—

(a) the harbour master may carry out the requirement and do all things necessary for or incidental to that purpose, and

(b) the expenses incurred in so carrying out the requirement shall be paid by the master of the ship to the company by whom the harbour master is employed and, in default of payment, shall be recoverable by the company from the master as a simple contract debt in any court of competent jurisdiction.

(3) If the master of a ship refuses or fails to comply with a requirement of a harbour master under this section he or she shall be guilty of an offence.

48. —(1) (a) The harbour master of a harbour may at any time (including a time which is prior to the arrival of the ship within the harbour) require the master of a ship to give to him or her a statement of the draught of the ship.

(b) If the master of a ship refuses or fails to comply with a requirement of a harbour master under this subsection he or she shall be guilty of an offence.

(2) (a) Before a ship enters within a harbour, the master of the ship shall—

(i) furnish the harbour master of the harbour with a statement of the take of any cargo on board the ship (howsoever contained) and the name or names of the person or persons entitled to take delivery thereof, and

(ii) bring to the notice of that harbour master any defects in, and any matter peculiar to, the ship and its machinery and equipment of which the master knows and which might materially affect the navigation of the ship or its ability to be manoeuvred.

(b) If the master of a ship fails to comply with this subsection he or she shall be guilty of an offence.

49. —(1) The harbour master of a harbour may at any time enter a ship which is within the harbour where he or she considers it necessary for the purpose of exercising any power conferred on him or her by a provision of this Act (including subsection (3)) or an instrument made thereunder.

(2) Subsection (1) is without prejudice to section 14 (5).

(3) The harbour master of a harbour may—

(a) at any time require the master of a ship which is within the harbour to produce for inspection by him or her documents kept in relation to the ship and its crew, including insurance documents, certificates of competency, manifests, bills of lading and other documents relating to goods on board the ship,

(b) inspect such a ship and such goods for the purpose of ascertaining whether any provision of this Act or bye-laws made thereunder in relation to the ship or goods is being complied with.

(4) A master of a ship who refuses or fails to comply with a requirement of a harbour master under subsection (3) (a) shall be guilty of an offence.

(5) (a) The Minister may by order exempt a specified class or classes of ship that is engaged exclusively in the service of the State from the application of this section and for so long as such an order is in force this section shall be construed and have effect in accordance with the order.

(b) The reference in paragraph (a) to an order in force shall, as respects such an order that is amended by an order in force under section 3 (4), be construed as a reference to the first-mentioned order as so amended.

50. —A person who obstructs or impedes the exercise of a power conferred on the harbour master of a harbour by this Act or an instrument made thereunder shall be guilty of an offence.

51. —A direction given to or a requirement made of the master of a ship by a harbour master under this Act or an instrument made thereunder shall not extend or diminish any responsibility of the master of the ship in relation to the ship or the cargo thereof.

52. —(1) Subject to this section, the harbour master of a harbour may refuse entry into the harbour of a ship, vehicle or other conveyance if by reason of its nature or the condition of any of the goods being carried on it such entry or its presence in the harbour thereafter would, in the opinion of the harbour master, pose a danger to persons or property.

(2) Subject to this section, the harbour master of a harbour may only permit the entry into the harbour of radioactive material (within the meaning of the International Maritime Dangerous Goods Code of the International Maritime Organisation) with the consent of the Radiological Protection Institute of Ireland.

(3) Subject to this section, the following are prohibited from entering a harbour—

(a) a nuclear powered ship, vehicle or conveyance,

(b) a ship, vehicle or other conveyance that is carrying any nuclear weapons,

(c) a ship, vehicle or other conveyance that is carrying nuclear material (within the meaning of section 2 of the Radiological Protection Act, 1991 ), or ores or other substances destined for the production of nuclear materials.

(4) The Minister may, with the consent of the Minister for Transport, Energy and Communications on the advice of the Radiological Protection Institute of Ireland, exempt a ship, vehicle or other conveyance of a specified class or classes carrying nuclear material from the application of subsection (3) (c) and for so long as such an exemption is in force subsection (3) shall be construed and have effect in accordance with the exemption.

(5) Subsections (1), (2) and (3) shall only apply to a ship of the naval service of a state (other than the State) with the prior consent of the Government.

(6) Subsections (1), (2) and (3) shall not apply to a ship in distress or where there is imminent danger to persons.

(7) Where a ship, vehicle or other conveyance having been refused entry to a harbour under subsection (1) or in contravention of subsection (3) enters a harbour, the owner and master of the ship or the owner of the vehicle or conveyance or the person to whom the conveyance is hired at the time of the entry shall each be guilty of an offence.

(8) The harbour master of a harbour may at any time, by notice affixed in a prominent place at the harbour, prohibit the bringing within the harbour, or any specified part of the harbour, of any article of a kind or class which is specified in the notice as being, in the opinion of the harbour master, likely to endanger persons or property.

(9) When and so long as a notice is affixed under subsection (8) at a harbour, the notice shall have effect according to the terms thereof and—

(a) a person who contravenes the notice shall be guilty of an offence,

(b) the harbour master of the harbour may remove any article brought by such person, in contravention of the notice, and place or store it elsewhere (whether within or outside the harbour) or have the article destroyed, and

(c) the expenses of such removal and placing, storage or destruction, as the case may be, shall be paid by such person to the company whose harbour the notice aforesaid relates to and, in default of payment, shall be recoverable by that company from such person as a simple contract debt in any court of competent jurisdiction.

(10) This section shall not prejudice the provisions of the Sea Pollution Act, 1991 , in so far as they relate to harbours.

53. —(1) It shall not be lawful for a person to interfere in any way with anything provided by a company for the purpose of safety within its harbour.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

54. —(1) Each of the following companies, namely, Dublin Port Company and Dún Laoghaire Harbour Company shall appoint the members of its staff referred to in subsection (2) and may, if it thinks fit, appoint such other members of its staff as it determines, to police its harbour and exercise the powers referred to in subsection (3) and references in this section to a company's harbour police shall be construed as references to persons appointed by the company under this subsection.

(2) The members of staff mentioned in subsection (1) are persons who on the relevant vesting day are transferred under section 38 to Dublin Port Company or Dún Laoghaire Harbour Company, as the case may be, and who immediately before the said day were employed as constables under any enactment by the Dublin Port and Docks Board or the Minister for the Marine in the case of Dún Laoghaire Harbour.

(3) (a) Subject to paragraph (b), a member of a company's harbour police may, within the company's harbour, arrest without warrant a person who the member reasonably suspects has committed or is committing an offence under this Act specified in section 6 (1).

(b) A member of a company's harbour police shall not be entitled to exercise the power referred to in paragraph (a) unless he or she has received (whether before or after the commencement of this section) training and instruction which, in the opinion of the company concerned, after consultation with the Minister, is such as will provide guidance to him or her in the exercise of the said power.

(c) A company concerned shall endorse on the warrant it furnishes to a member of its harbour police under subsection (4) a statement to the effect that the member has received the training and instruction referred to in paragraph (b).

(d) Where a member of a company's harbour police arrests a person under paragraph (a) he or she shall, forthwith, deliver the person into the custody of a member of the Garda Síochána to be dealt with according to law.

(e) The arrest of a person under paragraph (a) shall not prejudice the re-arrest under statute or otherwise of that person by a member of the Garda Síochána, an officer of Customs and Excise or any other person.

(f) A member of a company's harbour police may accompany the harbour master of the company's harbour in the entry by him or her (or a person authorised by him or her under section 37 (1) (b) to make such an entry) into a ship under section 14 (5) or 49 (1).

(g) A person who obstructs or impedes a member of a company's harbour police in making an arrest under paragraph (a) or while such a member is accompanying a harbour master or another person under paragraph (f) shall be guilty of an offence.

(4) A person who is appointed by a company as a member of its harbour police shall, on his or her appointment, be furnished by the company with a warrant of his or her appointment as such a member.

(5) The appointment of a person as a member of a company's harbour police may be revoked at any time by the company if it appears to it that the person has been guilty of any misconduct or neglect of duty.