PART VI.

Charging Powers.

Chapter I.

General Provisions in Relation to Rates.

94. —Subject to the provisions of this Act, a harbour authority may charge the following rates in respect of the following subjects of charge:—

(a) rates (in this Act referred to as tonnage rates) calculated by reference to tonnage in respect of a vessel which—

(i) enters within the limits of the harbour of the harbour authority, or

(ii) uses any quay in such harbour, or

(iii) plies within the limits of such harbour;

(b) rates (in this Act referred to as goods rates) in respect of goods shipped, transhipped or unshipped within the limits of the harbour of the harbour authority;

(c) rates (in this Act referred to as service rates) in respect of shipping, unshipping, transhipping, warehousing, acting as warehouse keepers, wharfage, cranage, receiving, landing, re-landing, piling, housing, weighing, measuring, coopering, sampling, unpiling, unhousing, unloading, carrying, conveying, loading, repairing, protecting, watching, delivery or any other work done or service rendered in relation to goods.

95. —(1) The rates which, immediately before the passing of this Act, were legally chargeable by a harbour authority shall, unless and until otherwise provided by a harbour rates order, continue to be chargeable by that harbour authority and for that purpose shall be regarded as chargeable under and subject to the appropriate provisions of this Act.

(2) The following provisions shall apply in respect of charges (other than rates) which immediately before the passing of this Act were legally chargeable by a harbour authority, not being charges for the continuation of the charging of which specific provision is made by this Act—

(a) such charges shall, unless and until otherwise provided by a harbour rates order, continue to be chargeable by the harbour authority,

(b) such charges shall, for the purposes of Chapter II of this Part of this Act be deemed to be rates,

(c) all powers in relation to such charges which, immediately before the passing of this Act, were exercisable by the harbour authority shall, notwithstanding anything contained in this Act, continue after the passing of this Act to be so exercisable.

96. —(1) All rates which may be charged under this Act by a harbour authority shall, in respect of the same classes of vessels and goods and in the same circumstances, be charged equally on all persons.

(2) Notwithstanding subsection (1) of this section, a harbour authority may charge a rate the amount of which varies in respect of different classes of vessels or goods or in dissimilar circumstances.

97. —The facilities provided by a harbour authority in respect of their harbour shall, subject to the provisions of this Act and anything done thereunder and to the bye-laws for the time being in force in respect of their harbour, be available equally to all persons on payment of the appropriate rates.

98. —(1) A harbour authority shall, at their principal office, keep a list of the rates for the time being charged by them open for inspection during ordinary office hours free of charge by any interested person.

(2) Any person shall be entitled, on payment of a fee not exceeding six pence, to obtain from a harbour authority a list of the rates for the time being charged by them.

99. —Goods not belonging to any of the classes of goods in respect of which a harbour authority are otherwise authorised to charge goods rates shall, for the purpose of charging goods rates thereon, be treated by the harbour authority as belonging to such of the said classes of goods as, in the opinion of the harbour authority, is most appropriate.

100. —(1) A harbour authority may, with the consent of the Minister—

(a) remit rates in whole or in part,

(b) confer an exemption or partial exemption from rates,

(c) vary or terminate an exemption or partial exemption from rates already granted,

(d) compound with any person in respect of rates,

(e) vary or terminate any compounding of rates already effected.

(2) The Minister may require a harbour authority to vary or terminate within a specified period (not being less than six months) any exemption or partial exemption from rates or any compounding of rates in force in relation to the harbour authority at the date of the making of the requirement and it shall be the duty of the harbour authority to comply with such requirement.

(3) A remission or compounding of or exemption from rates granted or conferred under this section shall not give any undue or unreasonable preference or advantage to any person or subject any person to any undue or unreasonable prejudice or disadvantage.

(4) Within six months after the passing of this Act, a harbour authority shall furnish to the Minister particulars of every exemption from or compounding of rates in force in relation to the harbour authority immediately before the passing of this Act, and every such exemption or compounding shall be deemed to be under this section and to be capable accordingly of being varied or terminated, or of being required by the Minister to be varied or terminated, under this section.

(5) A payment to a harbour authority in respect of compounded rates shall be regarded for the purposes of this Act as a payment to them of tonnage rates, goods rates or service rates (as may be appropriate).

101. —A harbour authority may, as respects any rates for the time being chargeable by them by reference to a fixed maximum, vary such rates either by increase or reduction within such maximum.

102. —(1) Where a vessel, in respect of which all the appropriate tonnage rates have been paid, is obliged, from stress of weather or other sufficient cause, after leaving the limits of a harbour to return therein with the same cargo, the rates so pail shall not again be payable in respect of the vessel.

(2) Where an arrangement is for the time being in force with any other state, under which fishing vessels belonging to nationals of that state are, when forced by stress of weather to seek shelter in an Irish harbour, exempted from rates, any fishing vessel belonging to a national of that state shall, if forced by stress of weather to enter the limits of any harbour, be exempt from rates in respect of such entry, unless the vessel breaks bulk.

(3) Where goods upon which goods rates have been paid to a harbour authority are brought by sea within the limits of the harbour of the harbour authority, the following provisions shall have effect:—

(a) the goods shall not again be chargeable with goods rates on being shipped, transhipped or unshipped into or out of any vessel which bona fide—

(i) trades wholly within the limits of the harbour, or

(ii) trades between such limits and any inland canal or river communicating therewith;

(b) a declaration stating the facts which entitle the goods to such exemption shall, if so required, be made to the satisfaction of the harbour authority.

(4) Where goods are brought within the limits of a harbour otherwise than by sea or are manufactured within such limits, goods rates shall not be chargeable in respect of the goods unless they are shipped or transhipped within the limits of the harbour for conveyance by sea beyond such limits.

(5) Where a vessel, for the purpose of having repairs effected thereto, enters a harbour and the unshipping of the cargo of the vessel is necessary for the purpose of the repairs, goods rates shall not be chargeable by reason of the unshipping or by reason of the shipping of the same cargo after, the repairs are effected, but the harbour authority for the harbour may, if the cargo is stored at any place or in any premises under their control, charge for the storage.

(6) Where, by reason of the situation of any harbour, port or pier, it is necessary for a vessel proceeding to such harbour, port or pier to pass through the limits of another harbour, rates shall not be chargeable in respect of the vessel so passing through such limits, unless—

(a) the vessel makes any use of the facilities available in the other harbour, or

(b) the rates are chargeable by virtue of section 95 of this Act and were being charged immediately before the passing of this Act in respect of vessels so passing through such limits, or

(c) it is specifically provided by a harbour rates order that the rates are rates chargeable in respect of vessels so passing through such limits.

103. —(1) Tonnage rates shall not be charged in respect of—

(a) vessels carrying stores for the armament and equipment of the Defence Forces and not carrying for reward any other goods or any passengers,

(b) vessels engaged exclusively in the service of the State,

(c) lifeboats, or

(d) vessels under seizure on behalf of the State.

(2) Goods rates shall not be charged in respect of—

(a) stores for the armament and equipment of the Defence Forces which are being carried on a vessel for the time being exempted from tonnage rates by virtue of paragraph (a) of subsection (1) of this section,

(b) the outfit, stores or provisions of any vessel,

(c) any apparatus for saving life used in connection with a lifeboat, or

(d) any postal packet or mail bag within the meaning of the Post Office Act, 1908.