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Removal of obstructions.
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57.—(1) A harbour authority may remove any obstruction which is within the limits of their harbour.
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(2) The expenses incurred by a harbour authority in connection with the removal under this section of an obstruction shall, so far as not recovered under subsection (3) of this section, be paid to the harbour authority by the owner of the obstruction or, at the option of the harbour authority, by any former owner thereof.
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(3) An article which is either an obstruction removed under this section by a harbour authority or a part of such obstruction may be sold by the harbour authority subject to the following provisions:
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(a) the article shall not be sold for home use where any prohibition or restriction on importation applies in respect thereof or where the price which would be obtained is less than the amount of any duties of customs or excise payable in respect of the article;
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(b) where the article is sold for home use, the harbour authority shall apply the proceeds of the sale—
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(i) firstly, in payment of any such duties as aforesaid, and
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(ii) secondly, in payment of the expenses incurred in connection with—
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(I) the sale,
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(II) the removal of the obstruction, and
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(III) if the article is part of an obstruction, any sale or destruction of any other part of the obstruction,
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and shall pay the balance (if any) on demand to the owner of the obstruction;
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(c) where the article is sold otherwise than for home use, the harbour authority shall apply the proceeds of sale in payment of any such rates and expenses as aforesaid, and shall pay the balance (if any) on demand to the owner of the obstruction;
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(d) the expenses incurred by the harbour authority in connection with the sale shall, so far as not recovered under this subsection, be paid to the harbour authority by the owner of the obstruction or, at the option of the harbour authority, by any former owner thereof.
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(4) Where, in the opinion of the harbour authority, it is inadvisable to offer an article for sale under subsection (3) of this section or where the article cannot, having regard to paragraph (a) of that subsection, be sold, the harbour authority may destroy the article, subject, where any duties of customs or excise are payable in respect thereof or any prohibition or restriction on importation applies in respect thereof, to the consent of the Revenue Commissioners and to compliance with any conditions which they may impose.
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(5) Where an article is destroyed under subsection (4) of this section, the expenses incurred in connection with the destruction thereof, so far as not recovered under subsection (3) of this section, shall be paid to the harbour authority by the owner of the obstruction or, at the option of the harbour authority, by any former owner thereof.
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(6) A sum payable to a harbour authority under this section shall, in default of payment, be recoverable as a simple contract debt in any court of competent jurisdiction.
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(7) In this section—
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the word “obstruction” means any obstruction being—
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(a) a vessel laid up as unfit for sea service,
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(b) a wrecked or derelict vessel,
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(c) a float of timber,
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(d) any other article except an aircraft,
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the expression “former owner” means, in relation to an obstruction, a former owner of the obstruction as respects whom it can be shown that he relinquished or transferred his interest therein after, in the case of a vessel, the vessel was laid up or became wrecked or derelict or, in the case of any other obstruction, it was found to be within the limits of the relevant harbour.
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