S.I. No. 183/1968 - Bantry Pier Bye-Laws, 1968.

S.I. No. 183 of 1968.

BANTRY PIER BYE-LAWS, 1968.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 70 of the Sea Fisheries (Ireland) Act, 1846, section 1 of the Ministry of Transport Act, 1919, section 11 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby make the following bye-laws for the pier at Bantry vested in the council of the county of Cork:

1. These Bye-Laws may be cited as the Bantry Pier Bye-Laws, 1968.

2. These Bye-laws shall come into operation on the 9th day of September, 1968.

3. The Master of a vessel shall regulate the vessel according to any directions of the Harbour Master. A direction or requirement by or on the authority of the Harbour Master to the Master of a vessel shall not extend or diminish any responsibility of the Master of the vessel in relation to the vessel or the cargo thereof.

4. Every person in charge of any boat, ship, lighter, barge, or other vessel using the pier shall moor, unmoor, place or remove the same according to any directions of the Harbour Master. If there be no person on board such boat, ship, lighter, barge or other vessel, as aforesaid, to attend to such directions, the Harbour Master may cause such boat, ship, lighter, barge or other vessel as aforesaid to be moored, unmoored, placed or removed as he thinks fit and the expenses incurred by the Harbour Master in the mooring, unmooring, placing or removing such boat, ship, lighter, barge or other vessel shall be borne by the person in charge of such boat, ship, lighter, barge or other vessel and such person shall pay to the Cork County Council all costs attending such removal.

5. No vessel while at the pier shall work or try her engines without the permission of the Harbour Master. This bye-law shall not apply to fishing vessels, pleasure craft or local ferry vessels.

6. The Master or agent for the Master of a vessel berthing at the pier shall submit to the Harbour Master particulars of the name of the vessel, her net and gross tonnage, length, draught of water, cargo and consignee.

7. No Master shall berth any vessel without the authority of the Harbour Master and without having also first given reasonable notice of his intention to do so to the Harbour Master. Any Master who berths or attempts to berth any vessel without having submitted the prescribed notice does so at his own risk.

8. The Master of any vessel having on board any quantity of explosives, cartridges, fusees, matches, acids, calcium carbide or other goods of an inflammable or hazardous nature in excess of the vessel's standard equipment, shall on arrival give notice thereof to the Harbour Master and shall take adequate precautions for the prevention of fire and for the extinction thereof while the cargo remains on board.

9. All vessels shall keep a good look out and use every possible precaution to avoid collision.

10. The Master of a vessel, before heaving out or removing his vessel from the pier, shall give reasonable notice of his intention to the Harbour Master.

11. Every vessel shall be so berthed as to lie broadside to the quay except the Harbour Master otherwise directs.

12. Vessels shall not be moored abreast without the express permission of the Harbour Master. This bye-law shall not apply to fishing vessels, pleasure craft or local ferry vessels.

13. A vessel shall not be made fast or moored to another vessel without the permission of the person in charge of such other vessel and of the Harbour Master.

14. A vessel, raft, anchor, buoy, fishing net or other matter or thing shall not be so placed, left, or employed as to endanger any vessel or the pier or to obstruct or tend to obstruct navigation.

15. A Master shall not absent himself from his vessel whilst afloat without leaving her in charge of the second-in-command or other officer who shall be fully qualified and able to shift the vessel should necessity arise. This bye-law shall not apply to fishing vessels, pleasure craft or local ferry vessels.

16. The Master shall cause and ensure that all gangways and stages used for the purpose of access to any vessel are in good condition and are placed in a safe position, duly protected and securely fastened, and so maintained at all times when in use and are adequately illuminated at night.

17. The Master of any vessel shall provide his vessel with fenders or other suitable appliances for the protection of the pier or of his own or another vessel.

18. The Master of a coal or oil-burning vessel shall, as soon as his vessel arrives at her berth, adjust her furnace fires so that no more than the smallest quantity of smoke shall be emitted therefrom.

19. The Master and crews of all vessels occupying a berth at the pier shall, if so required by the Harbour Master, give free access over the decks of their vessels for persons and goods to and from vessels berthed outside.

20. Where goods are being loaded into or unloaded from a vessel the Master of the vessel or his Agent shall superintend the loading or unloading.

21. The Master of a vessel berthing at the pier for the purpose of discharging cargo shall cause the vessel to be discharged as soon as conveniently may be after entry and shall, after discharging, remove the vessel as the Harbour Master may direct.

22. The Master or owner of any vessel engaged in the loading or discharging of goods shall cease loading or discharging if required so to do by the Harbour Master.

23. The Master or owner of a vessel which is loading or discharging between sunset and sunrise shall so as to enable such work to be safely performed maintain good and sufficient light over each hold of his vessel.

24. The hatches or other openings on the deck of a vessel lying at the pier shall be kept closed or securely fenced except while work of loading or unloading is proceeding.

25. The person in charge of the loading or discharging of any vessel shall remove from the pier all stages, planks, buckets or other gear when required by the Harbour Master so to do and if such person shall after being so required refuse or neglect without reasonable cause to remove the said stages, planks, buckets, or other gear, such removal may be effected by the Harbour Master and such person shall pay to the Cork County Council all costs attending such removal and shall be deemed to have committed an offence against this bye-law.

26. No ballast, earth, ashes, stones, gravel, carcases, fish, cargo, dirt, bottles, baskets, paper, chippings, rubbish, garbage, or any objectionable or malodorous matter or thing or any other goods or articles of any kind whatsoever shall be thrown into the water nor shall oil of any description be discharged into the water around the pier.

27. No ashes or rubbish of any kind shall be put from any vessel on to the pier or any part thereof.

28. Articles dropped or thrown into the water shall be immediately recovered by the person concerned if it is reasonably possible for him to do so or failing that, and if practicable, they may be recovered by the Harbour Master at such person's risk and expense and such person shall pay to the Cork County Council all costs attending such removal.

29. The Harbour Master may give directions for preventing and removing obstructions or impediments at or on the pier.

30. No person shall disturb, remove, injure or cause to be disturbed, removed or injured any machinery or equipment, any coping, paving or other stones or any mooring posts, ring, chain, notice board, buoy or other parts of or matters belonging to the pier, and no person shall dig or take away any ballast, shingle, stone or other material from around the pier, without the leave of the Harbour Master first being obtained.

31. No person shall without being duly authorised by the Harbour Master set in motion, move or interfere with or obstruct or impede the use of any cranes, moveable property, gear or machinery at on or about the pier.

32. A person shall not loose, cut, break, or destroy any rope or other fastening of any vessel unless directed so to do by the Master of such vessel or the Harbour Master.

33. The owner of every vessel shall be answerable for any damage done to any works, plant, machinery or other property by such vessel or by a person employed about the same and the Master or person having charge of such vessel through whose wilful act or negligence any such damage is occasioned, shall be liable to make good the same.

34. The Master of a vessel that is prepared to allow her to lie in a berth where she shall take the ground shall be answerable for any damage that may occur to her by so doing.

35. A person shall not place a net upon the pier or boatslip or upon the chain or railing of the pier or boatslip without the permission of the Harbour Master.

36. A rope, chain or impediment shall not, except temporarily in cases of emergency, be laid or run from a vessel across any steps or stairs leading from the pier to the water so as to obstruct the free passage up and down such steps or stairs.

37. A gun or firearm of any description or fireworks shall not be discharged on the pier or on vessels berthed or moored at the pier, by or by the directions or orders of any person, so as to endanger life, shipping or property.

38. Idle or disorderly persons may be removed from the pier or (with the exception of the crew) from any vessel by the Harbour Master or other duly authorised person.

39. No person shall commit a nuisance on any part of the pier.

40. No person shall obstruct the Harbour Master or any officer or servant of the County Council of the County of Cork in the exercise or performance of his duties or incite others thereto.

41. No person shall light fires or naked lights on the pier.

42. No person shall place or leave, or cause to be placed or left any goods or thing whatsoever on the pier or permit the same to remain thereon after being required by the Harbour Master to remove the same.

43. The Master, shippers or agents shall furnish to the Harbour Master a copy of the Manifest of every ship about to unload and/or the Bill of Lading and such further particulars as he may require as to the cargo or goods to be unloaded and the Harbour Master may require full particulars of all goods brought to the pier for shipment before allowing them to be deposited thereon.

44. No person shall loiter on the pier or on any part thereof or in any way interfere with goods lying thereon.

45. No boat or vessel shall be made fast to coping stones or other parts of the pier, nor have grapnels or stakes on the pier, but all boats and vessels shall make fast to the rings or mooring provided for that purpose.

46. No boat or vessel shall be made fast to any ring, mooring or bollard by means of wire rope or chain so as to be a cause of damage to any other boat or vessel.

47. No rope, warp or chain shall be left fast to any ring, mooring or bollard without the permission of the Harbour Master. After any boat or vessel has been unmoored any rope, warp or chain so left without such permission as aforesaid may be removed by the Harbour Master.

48. No ballast, stones, sand, mud, manure or other matter or thing landed or deposited on the pier or any part thereof shall be allowed to remain longer than 72 hours thereon, or be placed within 6 feet of the edge of the pier.

49. No person shall deposit or leave cinders, road scrapings, ashes or other rubbish, or fish refuse, offal, or any offensive matter likely to create a nuisance or be injurious to the public health upon the pier.

50. Fish landed or exposed for sale must be removed from the pier on the day of landing, if practicable, and, if not, before 8 o'clock on the following morning, and no person shall open or clean any fish on the pier.

51. Except with the previous sanction of the Harbour Master, no explosive or combustible commodity, petroleum, putrid fish, bones or other offensive articles or things, or anything injurious to health, or causing or likely to cause a nuisance shall be imported onto or exported from or brought to or landed on the pier.

52. If any fishing boat or vessel is left unattended for a period of six calendar months and has not been engaged in the fisheries at any time during such period, the Harbour Master may have such fishing boat or vessel hauled out and left at any place within the limits of the pier and the expenses incurred by the Harbour Master in hauling out and leaving such fishing boat or vessel shall be borne by the owner thereof.

53. No person shall erect or cause to be erected or build or cause to be built any structure or lay or cause to be laid any pipe on or under the pier without the permission of the Cork County Council being first had and obtained.

54. A person who contravenes any of these bye-laws shall be liable for every such offence to a penalty of Five Pounds provided nevertheless that the Justice or Court before whom any complaint may be made or any proceedings may be taken in respect of any such offence may, if they think fit, adjudge the payment as a penalty of any sum less than the full amount of the penalty imposed by this bye-law.

55. The bye-laws made by the Commissioners for Public Works in Ireland which were approved and confirmed by the Lords Justices in Council on the 10th July, 1891 are hereby repealed.

Given under my Official Seal this 26th day of August, 1968.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The purpose of this Instrument is to make new bye-laws for the use of Bantry Pier.