Harbours (Amendment) Act 2009
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — In this Act “ Principal Act ” means Harbours Act 1996.
num: 2
paragraphs: — Section 2 of the Principal Act is amended by substituting the following for the definition of “ the Minister ”:
“ ‘ Minister ’ means Minister for Transport;”.
num: 3
paragraphs: — (1) The Principal Act is amended—
(a) by substituting the following for section 9:
“Limits of a company’s harbour.
num: 9
paragraphs: — (1) (a) Except and in so far as an order is in force under this section in respect of a company, the limits of a company’s harbour shall be those set out in Part I of the Third Schedule.
(b) A reference in this Act, or in an order under this section, to a company's harbour shall be construed as including a reference to any point within the limits of its harbour as aforesaid or, where the company has more than one harbour, of each of its harbours.
num: 4
paragraphs: — (1) Section 11 of the Principal Act is amended by deletion of subsection (4)(d).
(2) Nothing in section 12A (inserted by section 5 ) of the Principal Act affects a contract duly entered into under section 11(4)(d) of that Act before the passing of this Act.
num: 5
paragraphs: — The Principal Act is amended by inserting the following after section 12:
“12A.— (1) Subject to subsection (2), where it appears to a company to be requisite, advantageous or incidental to the performance by it of its other functions under this Act in respect of its harbour, the company may invest in or engage in commercial activities outside the limits of its harbour.
(2) A company shall not engage in a commercial activity to which subsection (1) relates unless it has received the prior approval in writing for such activity from the Minister given with the consent of the Minister for Finance.”.
num: 6
paragraphs: — Section 15 of the Principal Act is amended—
(a) by substituting the following for subsection (2):
“(2) Subject to subsection (4)(a), the consideration for which any land is sold by a company shall, in so far as is practicable, not be less than its open market value.”,
and
(b) in subsection (4) by substituting the following for paragraph (a):
“(a) In making any decision as to—
(i) the acquisition of land or the consideration to be paid for such acquisition, or
(ii) the disposal of any land or the consideration to be accepted,
a company shall have regard to any Government policy or guidelines in relation to the acquisition of land or the disposal of land, as appropriate, by State enterprises which is or are for the time being extant.”.
num: 7
paragraphs: — (1) In this section “ Act of 2006 ” means the Planning and Development (Strategic Infrastructure) Act 2006 .
(2) The Planning and Development Act 2000 is amended—
(a) in section 2(1) by substituting the following for paragraph (h) of the definition of “ strategic infrastructure develop ment ” (inserted by section 6 of the Act of 2006)—
“(h) any compulsory acquisition of land referred to in section 214, 215A, 215B or 215C, being an acquisition related to development specified in any of the preceding paragraphs of this definition;”,
(b) by inserting the following section after section 215B:
“Transfer of certain Ministerial functions under Harbours Act 1996.
num: 8
paragraphs: — Section 17 of the Principal Act is amended—
(a) in subsection (1)—
(i) by deleting “or the local authority directors” in paragraph (b)(i), and
(ii) by deleting the definition of “local authority director” in paragraph (d),
and
(b) in subsection (3) by substituting the following for paragraph (a):
“(a) the number of directors of the company shall be not more than 8;”.
num: 9
paragraphs: — Section 23 of the Principal Act is amended—
(a) in subsection (1) by substituting the following for paragraph (b):
“(b) The aggregate at any one time of borrowings under paragraph (a) by a company and a subsidiary or either of them shall, subject to subsection (2), not exceed the higher of—
(i) such amount as the Minister, with the consent of the Minister for Finance, approves with respect to a particular company or subsidiary not exceeding €200,000,000, or
(ii) 50 per cent of the value of so much of the company’s or subsidiary’s assets as are treated as fixed assets for the purposes of its accounts.”,
and
(b) by substituting the following for subsection (2):
“(2) In respect of a named company or a named subsidiary and for the purposes of paragraph (b) of subsection (1), the Minister may, with the consent of the Minister for Finance, by order provide for a percentage to apply, other than 50 per cent, having regard to—
(a) the needs of the company or subsidiary,
(b) the purpose of the borrowing and the ability of the company or subsidiary to make repayments, and
(c) the financial stability generally of the company or subsidiary.”.
num: 10
paragraphs: — Section 28 of the Principal Act is amended—
(a) in subsection (1), with effect from 6 months after the passing of this Act, by substituting “not later than 4 months after the end of each accounting year of the company” for “not later than 6 months after the end of each accounting year of the company”, and
(b) in subsection (4)—
(i) with effect from 6 months after the passing of this Act, by substituting “not later than 4 months after the end of each accounting year of the company” for “not later than 6 months after the end of each accounting year of the company”, and
(ii) by substituting “adhered to,” for “adhered to.” in paragraph (e) and by inserting the following after that paragraph:
“(f) a statement—
(i) of the average number of employees that are expected to be employed during the accounting year under contracts of service following that to which the accounts relate, or
(ii) that more than 30 of its current full time employees are likely to continue to be so employed full time under contracts of service during the accounting year following that to which the accounts relate,
as determined in accordance with section 30(1)(a)(ii).”.
num: 11
paragraphs: — (1) Section 30 of the Principal Act is amended—
(a) by substituting the following for subsection (1):
num: 12
paragraphs: — The Principal Act is amended by substituting the following for section 57:
num: 13
paragraphs: — Section 64 of the Principal Act is amended by substituting the following for subsection (3):
“(3) (a) Different rates of pilotage charges may be imposed by a company in different circumstances.
(b) Without prejudice to the generality of paragraph (a), pilotage charges may be imposed in a similar manner and in the circumstances as provided for under subsection (9) of section 13 in respect of harbour charges and that subsection together with subsection (10) of that section shall also apply to pilotage charges in the same manner as they apply to harbour charges as if references to harbour charges were references to pilotage charges.”.
num: 14
paragraphs: — Section 70 of the Principal Act is amended by substituting “€2,500” for “£100” in subsections (1) and (3).
num: 15
paragraphs: — Section 72 of the Principal Act is amended by substituting the following for paragraphs (b) and (c) of subsection (1):
“(b) the person is—
(i) the holder of a subsisting certificate of competency, issued pursuant to regulations made under section 3 of the Merchant Shipping (Certification of Seamen) Act 1979 , in any of the following capacities:
(I) master,
(II) chief mate, or
(III) officer in charge of a navigational watch,
(ii) the holder of a subsisting document issued by another Member State of the European Communities or the Kingdom of Norway or the Republic of Iceland, certifying a level of competency which corresponds to a certificate of competency to which subparagraph (i) relates,
(c) the person is the holder of a subsisting certificate of competency which—
(i) is a certificate to which regulation I/2 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, done at London on 7 July 1978, relates, and
(ii) was issued to a master or deck officer by or under the authority of the government of any other state where such certificate is recognised by the State for the purposes of regulation I/10 of that Convention by virtue of an order made under section 7 (as amended by section 28 of the Merchant Shipping Act 1992 ) of the Merchant Shipping Act 1947 ,”.
num: 16
paragraphs: — Section 79 of the Principal Act is amended—
(a) by substituting the following for subsection (1)(c):
“(c) abolish a pilotage district (being a pilotage district mentioned in section 56 or established under paragraph (a)),
(d) alter the limits of a pilotage district to which paragraph (a), (e) or this paragraph relates,
num: 17
paragraphs: — The Principal Act is amended—
(a) in the Table to section 87 by inserting “Arklow Harbour Commissioners” after “Annagassan Pier Commissioners”, and
num: 18
paragraphs: — (1) The Principal Act is amended by inserting the following section after section 87:
“87A.— (1) In this section—
‘ relevant harbour commissioners ’ means—
(a) in relation to the Port of Cork Company, Bantry Bay Harbour Commissioners, and
(b) in relation to the Shannon Foynes Port Company, Tralee and Fenit Pier and Harbour Commissioners;
‘ relevant port company ’ means—
(a) in relation to Bantry Bay Harbour Commissioners, the Port of Cork Company, and
(b) in relation to Tralee and Fenit Pier and Harbour Commissioners, the Shannon Foynes Port Company;
‘ transfer day ’ means the day appointed by the Minister under paragraph (a) or (b) of subsection (2).
(2) (a) The Minister may, subject to paragraph (c) and after consultation with Bantry Bay Harbour Commissioners, the Port of Cork Company and such other persons (if any) as the Minister considers it appropriate in the circumstances to consult, by order appoint a day as the transfer day for the purposes of this section in respect of Bantry Bay Harbour and, with effect from that day, the Bantry Bay Harbour Commissioners are dissolved.
(b) The Minister may, subject to paragraph (c) and after consultation with Tralee and Fenit Pier and Harbour Commissioners, the Shannon Foynes Port Company and such other persons (if any) as the Minister considers it appropriate in the circumstances to consult, by order appoint a day as the transfer day for the purposes of this section in respect of Tralee and Fenit Pier and Harbour and, with effect from that day, the Tralee and Fenit Pier and Harbour Commissioners are dissolved.
(c) An order under paragraph (a) or (b) shall not be made until after a public consultation process has taken place in respect of Bantry Bay Harbour or Tralee and Fenit Pier and Harbour, respectively, and all submissions duly made in accordance with that process have been considered.
(d) In paragraph (c) ‘public consultation process’ means an invitation by the Minister to the public for submissions, within a specified time limit, on a proposal to make an order under paragraph (a) or (b) of subsection (2) where such invitation is made by means of a notice to that effect published in a newspaper circulating within the State and published on the internet.
(e) The making of an order under this subsection is in lieu of making an order under section 87(1) or 88(2) in respect of the harbour concerned.
(3) With effect from the transfer day concerned, there is transferred—
(a) to the Port of Cork Company from Bantry Bay Harbour Commissioners, or
(b) to Shannon Foynes Port Company from Tralee and Fenit Pier and Harbour Commissioners,
all property (real and personal) and rights held or enjoyed immediately before that day by the relevant harbour commissioners and all liabilities incurred before that day by them that had not been discharged before that day and, accordingly, without any further conveyance, transfer or assignment—
(i) the property so held or enjoyed, both real and personal, vests on the transfer day in the Port of Cork Company or Shannon Foynes Port Company, as the case may be, for all the estate, term or interest for which, immediately before that day, it was vested in the relevant harbour commissioners, but subject to all trusts and equities affecting the property and capable of being performed,
(ii) the rights so held or enjoyed, are as on and from the transfer day, held and enjoyed by the Port of Cork Company or Shannon Foynes Port Company, as the case may be, and
(iii) the liabilities so incurred are, as on and from the transfer day, the liabilities of the Port of Cork Company or Shannon Foynes Port Company, as the case may be.
(4) All moneys, stocks, shares and securities transferred to the relevant port company by this section that, immediately before the transfer day, are in the name of the relevant harbour commissioners, shall, at the request of the relevant port company, be transferred into that company’s name.
(5) Every right and liability transferred to the relevant port company by this section may, on and after the transfer day, be sued on, recovered or enforced by or against the relevant port company in its own name and it shall not be necessary for it to give notice of the transfer to the person whose right or liability is transferred by this section.
(6) Every—
(a) bond, guarantee or other security of a continuing nature, and
(b) contract or agreement,
made or given by or on behalf of the relevant commissioners to any person or given by any person to and accepted by or on behalf of the relevant harbour commissioners—
(i) continues in force on and after the transfer day concerned,
(ii) shall be read and have effect as if the name of the relevant company were substituted in the contract or agreement for that of the relevant harbour commissioners concerned or, as the case may be, any trustee or agent acting on their behalf, and
(iii) is enforceable against the relevant company.
(7) If, immediately before the transfer day concerned, any legal proceedings to which the relevant harbour commissioners are a party are pending, the relevant port company’s name shall be substituted in the proceedings for the name of the relevant harbour commissioners, and the proceedings shall not abate because of the substitution.
(8) (a) With effect from the transfer day concerned, the Port of Cork Company in respect of Bantry Bay Harbour and the Shannon Foynes Port Company in respect of Tralee and Fenit Pier and Harbour may make bye-laws under sections 42 and 71.
num: 19
paragraphs: — (1) The Harbours Act 1976 is repealed with effect from the transfer date appointed by the Minister under section 87A(2)(a) (inserted by section 18 ) of the Principal Act.
num: 20
paragraphs: — Section 4A (inserted by section 30 of the Fisheries (Amendment) Act 1999 ) of the Marine Institute Act 1991 is amended—
(a) in subsection (1)—
(i) by inserting the following after paragraph (d):
“(da) to advise the Minister for Transport on the development and co-ordination of policy and to carry out policy, as may be specified by that Minister, relating to the ports and ports services sector,”,
and
(ii) by substituting “Minister for Transport” for “Minister” in paragraphs (c) and (d),
and
(b) in subsection (2) by inserting “sea routes” after “includes”.
num: 21
paragraphs: — (1) This Act may be cited as the Harbours (Amendment) Act 2009.
(2) The Harbours Acts 1996 to 2006 and this Act (other than subsections (1) and (2) of section 7 , section 20 and subsection (3)) may be cited together as the Harbours Acts 1996 to 2009 and shall be read together as one.
(3) The Planning and Development Acts 2000 to 2007, subsections (1) and (2) of section 7 and this subsection may be cited together as the Planning and Development Acts 2000 to 2009 and shall be read together as one.