S.I. No. 53/1985 - Harbour Rates (Harbours of Dublin, Skerries and Balbriggan) Order, 1985.

S.I. No. 53 of 1985.

HARBOUR RATES (HARBOURS OF DUBLIN, SKERRIES AND BALBRIGGAN) ORDER, 1985.

I, TED NEALON, Minister of State at the Department of Communications, in exercise of the powers conferred on me by Section 104 of the harbours Act, 1946 (No. 9 of 1946), the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), and the Communications (Delegation of Ministerial Functions) Order, 1984 ( S.I. No. 146 of 1984 ), and after due compliance with section 106 of the said Harbours Act, 1946 , hereby order as follows:

1. (1) This Order may be cited as the Harbour Rates (Harbours of Dublin, Skerries and Balbriggan) Order, 1985.

(2) This Order shall come into operation on the 11th day of March, 1985.

2. In this Order "the Harbours" means Dublin harbour, Skerries harbour and Balbriggan harbour.

3. Section 40 of and the Fifth Schedule to the Dublin Port and Docks Act, 1902, shall have effect as if, for the matter (inserted by the Harbour Rates (Harbours of Dublin, Skerries and Balbriggan) (No. 2) Order, 1983 ( S.I. No. 404 of 1983 )), contained in the said Fifth Schedule there were substituted the matter contained in the First Schedule to this Order.

4. (1) The rates set out in Part II of the Second Schedule to this Order are hereby fixed as the maximum tonnage rates chargeable by the Dublin Port and Docks Board in respect of the harbours.

(2) The provisions set out in Part I of the Second Schedule to this Order shall apply in relation to the rates chargeable under this Article.

5. (1) The rates set out in Part II of the Third Schedule to this Order are hereby fixed as the rates chargeable for the use of cranes, fork lift trucks, tubs and grabs by the Dublin Port and Docks Board in respect of the harbours.

(2) The provisions set out in Part I of the Third Schedule to this Order shall apply in relation to the rates chargeable under this Article.

6. The Harbour Rates (Harbours of Dublin, Skerries and Balbriggan) (No. 2) Order, 1983 ( S.I. No. 404 of 1983 ), is hereby revoked.

FIRST SCHEDULE.

"PART I

PROVISIONS APPLYING IN RELATION TO GOODS RATES.

1. Exports

Goods dues on goods shipped will be charged at 75 per cent of the scheduled rates.

2. Re-exports

In the case of Goods arriving at the Port of Dublin from any port for export to any other port and on which Inward Goods Dues have been paid, no Outward Goods Dues will be charged, provided that:—

( a ) A Declaration in such a form as the Board may from time to time determine and on the form supplied for the purpose, is given to the Board within seven days from the completion of the discharge of the importing vessel.

( b ) That the Goods are exported in the same form and if imported in packages, in the same packages as they arrived.

( c ) That the Goods remain the bona fide sole property of the same person throughout.

( d ) That the export takes place within two months of the date of arrival of the importing vessel.

3. Oil and Grain exports

Oil and Grain Cargoes exported from the Port of Dublin are exempt from Outward Dues provided the exporter can prove that within a period of six months prior to the said export he imported through the Port of Dublin at least a like quantity of such commodity of the same type and grade and that the commodity which it is proposed to export was imported through the Port of Dublin by him and that since it was imported it has undergone no manufacturing or blending process, is completely unchanged in character and has remained the bona fide sole property of the importer throughout.

PART II.

Maximum Goods Rates.

Based on Standard international Trade Classification.

(all rates are per tonne unless otherwise specified)

Division	Commodity		Rate
			£
	Food and live animals chiefly for food
00	Live animals chiefly for food (except sheep)		94p each
	Sheep		53p each
01	Meat and meat preparations		1.12
02	Dairy products and birds' eggs
	Dried Milk		1.12
	Other Items		1.95
03	Fish, crustaceans and molluscs and preparations thereof		1.50
04	Cereals and cereal preparations		85p
05	Vegetables and Fruit
	Vegetables Fruit fresh, dried, nuts		1.12 1.50
	Fruit and nuts prepared, preserved, Juices, jams,
	Purees, other Items		1.95
06	Sugar, sugar preparations & honey Sugar, raw, refined and molasses		1.19
	Other Items		1.95
07	Coffee, tea, cocoa, spices and manufactures thereof Tea		2.39
	Chocolate		1.95
	Other Items		1.50
08	Feeding stuff for animals (excluding unmilled cereals)		85p
09	Miscellaneous edible products and preparations		1.95
	Beverages and Tobacco
11	Beverages
	Spirits, Wines and cordials		1.95
	Other Items		1.12
12	Tobacco and tobacco manufactures
	Manufactures		2.39
	Other Items		1.50
	Crude Materials, inedible, except Fuels
21	Hides, skins & furskins, raw		1.19
22	Oil seeds and oleaginous fruit		1.03
23	Crude rubber (incl. synthetic & reclaimed)		2.39
24	Cork and Wood
	Softwood (1.4 cub. metres=1 tonne)		88p
	Hardwood		1.28
25	Pulp and waste paper		91p
26	Textile fibres (excluding wool tops) and their wastes Wool, wool waste		1.95
	Other Items		1.12
27	Crude fertilisers & minerals, excluding petroleum and precious stones		83p
28	Metalliferous ores and metal scrap		79p
	Metal scrap Ores and concentrates, other items		86p
29	Crude animal and vegetable materials, n.e.s.		1.12
	Mineral fuels, Lubricants and Related Minerals
32	Coal, coke and briquettes		76p
33	Petroleum, petroleum products and related materials Spirits: White Spirits, Motor Spirit, Aviation Spirit, Naphtha		1.61
	Lubricating Oils		1.61
	Fuel Oils: Gas oil, diesel oil, vapourising oil, kerosene, light fuel oil, medium fuel oil, aviation turbine fuel and similar oils		1.28
	Petroleum Bitumen		1.28
	Other Fuel Oils: Heavy fuel oil, residual fuel oil, creosote, tar oil etc.		92p
	Fuel Oils: Gas oil, diesel oil, vapourising oil, kerosene, light fuel oil, medium fuel oil, aviation turbine fuel and similar oils		1.20
34	Gas, natural and manufactured		1.61
	Animal and Vegetable Oils, Fats and Waxes
41	Animal Oils and Fats		1.50
42	Fixed vegetable oils and fats		1.50
43	Animal and vegetable oils and fats, processed and waxes		1.50
	Chemicals and Related Products N.E.S.
51	Organic chemicals		1.95
52	Inorganic Chemicals
	Industrial Gases		2.39
	Sodium Carbonate		90p
	Liquid Ammonia		1.50
	Other Items		1.12
53	Dyeing, tanning & colouring materials		1.28
54	Medicinal and pharmaceutical products		1.95
55	Essential oils, perfume materials etc. Soap, cleansing, polishing preparations		1.95
	Other Items		2.39
56	Fertilisers, manufactured		91p
57	Explosives & pyrotechnic products		2.39
58	Artificial resins, plastic materials, cellulose esters and ethers		2.39
59	Chemical materials and products n.e.s.		1.28
	Manufactured Goods Classified Chiefly by Materials
61	Leather, leather manufactures, n.e.s. and dressed furskins		2.39
62	Rubber manufactures n.e.s.		2.39
63	Cork and wood manufactures (excluding furniture) Veneers Other Items		1.95 1.28
64	Paper, paperboard & articles of paper pulp, of paper or of paperboard Liner Board		91p
	Other Items		1.28
65	Textile yarn, fabrics, made-up articles, n.e.s. related products
	yarns		1.19
	Fabrics		1.50
	Made-up articles, floor coverings		1.95
66	Non-metallic mineral manufactures, n.e.s. Cement and other construction materials Other Items		85p 1.95
67	Iron and Steel Tubes and pipes fabricated Other Items		1.12 91p
68	Non-ferrous metals		1.50
69	Manufactures of metal, n.e.s.
	(excluding laden/empty units engaged in unit load traffic. See Div. 99)		1.95
	Machinery and Transport Equipment
71	Power generating machinery & equipment		1.95
72	Machinery specialised for particular industries		1.95
73	Metalworking machinery		1.95
74	General industrial machinery & equipment n.e.s. and parts, n.e.s.		1.95
75	Office machines and automatic data processing equipment		1.95
76	Telecommunications and sound recording, reproducing equipment		2.39
77	Electric Machinery, apparatus & appliances, n.e.s. and parts		1.95
78	Road vehicles (excluding laden/empty vehicles engaged in RóRo traffic. (see Divs. 98 & 99) Passenger Motor Cars Other road vehicles		3.78 each 2.39 each
79	Other transport equipwent		1.50
	Miscellaneous Manufactured Articles
81	Sanitary, plumbing, heating, lighting fixtures & fittings, n.e.s.
	Sanitary etc. ware of ceramic material		1.28
	Other Items		1.95
82	Furniture and parts thereof		1.95
83	Travel goods, handbags & similar containers		2.39
84	Articles of apparel & clothing accessories		1.95
85	Footwear		1.95
87	Professional, scientific & controlling apparatus n.e.s.		2.39
88	Photographic apparatus, optical goods, n.e.s. watches and clocks
	2.39
89	Miscellaneous manufactured articles n.e.s.		2.39
91	Postal, Mail — exempt
93	Special transactions		2.39
94	Animals — Live — Zoo		98p
95	Military
	Arms, Ammunition and Equipment		2.39
96	Coin—not legal tender		2.39
97	Gold		2.39
	Tourist Traffic
98	Motor Cars
	Motor Cycles		1.92 each
	Trailers		1.92 each
	Caravans		3.83 each
	Dormobiles/Mini Buses		3.83 each
	Coaches and Buses		9.16 each

	Lo/Lo Containers & Flats	Loaded		Empty
99	Not exceeding 6.1m (20') in length	£12.21 each		£1.54 each
	Exceeding 6.1m (20') but not exceeding (30') in length	£18.32 each		£2.31 each
	exceeding 9.15m (30')	£24.42 each		£3.08 each
	Ro/Ro Cargo carrying vehicles	Loaded		Empty
	Not exceeding 6.1m (20') in length	£10.67 each		£1.91 each
	Exceeding 6.1m (20') but not exceeding 9.15m (30')	£16.01 each		£2.85 each
	Exceeding 9.15m (30') but not exceeding 12.2m (40')	£21.34 each		£3.81 each
	Ro/Ro Cargo carrying vehicles
	Exceeding 12.2m (40') but not exceeding 15.25m (50')	£26.68 each		£4.76 each
	Exceeding 15.25m (50')	£32.01 each		£5.70 each

Note:—N.E.S. = Not elsewhere specified.

SECOND SCHEDULE.

PART I.

PROVISIONS APPLYING IN RELATION TO TONNAGE RATES.

1. A vessel shall be deemed to be trading with a particular place if it takes on board cargo or passengers at any of the harbours to be landed at that place or if it lands cargo or passengers at any of the harbours taken on board at that place.

2. The tonnage of a vessel upon which tonnage rates shall be based and chargeable shall be the net register tonnage or half the gross tonnage, whichever is the greater.

3. Tonnage rates shall not be chargeable in respect of both the arrival and departure of a vessel but if a vessel on which tonnage rates have been charged in respect of its arrival takes on board at any of the harbours cargo or passengers for a port or place the tonnage rates for which are higher than those charged on such arrival, the difference between the two rates shall be chargeable.

4. A vessel which does not land cargo or passengers but which takes on board cargo or passengers at any of the harbours shall be deemed to be trading only with the port of destination of such cargo or passengers.

5. A minimum charge of £31.50 per voyage will be charged on all vessels except those charged under Sections 6,7 and 8 Part II (ordinary tonnage rates).

PART II.

ORDINARY TONNAGE RATES.

1.	For a vessel trading from or to any port or place in the State, Northern Ireland, Great Britain, or the Isle of Man, per ton..	40.6p
2.	For a vessel trading from or to any port or place in Europe between the River Elbe and Brest or the Channel Islands, per ton..................................	57.8p
3.	For a vessel trading from or to any port or place not in the State, Northern Ireland, Great Britain, the Isle of Man, or in Europe between the River Elbe and Brest or in the Channel Islands, per ton.............................	65.3p
4.	For a vessel which enters the limits of Dublin harbour for the purpose of taking on board from a lighter or tender bunkers or stores for the vessel's own consumption only and which does not enter the River Liffey or make use of the quays or wharves of that harbour, per ton.................................	1.9p
5.	For a vessel, other than a fishing vessel, which enters the River Liffey for a non-trading purpose such as for repairs or through stress of weather or for bunkers or stores for the vessel's own consumption only and does not take on board any cargo or passengers or discharge cargo or disembark passengers except temporarily in connection with repairs to the vessel, per ton..	18.2p
6.	For a fishing vessel under 30m in length which enters any of the harbours, for each vessel....	£1.82
7.	For a fishing vessel over 30m in length which enters any of the harbours, per ton....................	18.2p
8.	For a vessel remaining or lying in any of the harbours, except in the Grand Canal Dock or in a Graving Dock or in a Graving Slip for a longer period than two consecutive weeks, in respect of each week it shall remain or lie after such period
	(a) if not under repairs, per ton...............................	3.8p
	(b) if under repairs, per ton..................................	1.9p

THIRD SCHEDULE.

PART I.

PROVISIONS IN RELATION TO RATES FOR THE USE OF CRANES, FORKLIFT TRUCKS, TUBS AND GRABS.

1. The use of the Board's cranes or appliances will only be granted where the applicant completes or has completed a form of indemnity which can be abtained at the harbour Master's Office.

2. Applications for the use of cranes or appliances must be made to the harbour Master's Office between 8 a.m. and 5 p.m. save where the harbour Master shall otherwise permit.

3. Notwithstanding that an application has been received by the Board to have any crane or appliance available at any particular time or for any particular vessel and that such application has been granted, the Board reserves complete liberty to allot the crane or appliance in question for the use of any vessel or vessels arriving in the harbours before the vessel in respect of which such application was received.

4. No responsibility whatsoever will be accepted by the Board in any circumstances for any failure or omission on their part to have any crane or appliance available or working at any specified time or during any period of time.

5. The Board will not in any circumstances accept any liability for delay, or any other consequences of any nature which may follow upon a breakdown or stoppage of any crane or appliance from any cause whatsoever.

6. The Board reserves the right at any time to limit the period or hours during which the cranes may be used.

7. A crane may not be ordered or reserved for a longer period than one day. Where a crane is required for more than one day a separate application must be made each evening for the following day.

8. The period in respect of which cranage charges shall be payable shall commence at the time for which the crane is ordered and is in position and ready to work and shall end when the crane is no longer required and notice to this effect is given to the Harbour Office. In the absence of such notice cranage charges shall be payable up to normal stopping time, or where overtime is being worked, until the craneman is notified that he is no longer required.

9. Where a non-container crane is ordered and not used a rate of £7.40 per half-hour shall be charged until notice of cancellation has been given to the Harbour Office. in addition there shall be a penalty of £9.80 per crane for each occasion on which this may occur.

10. Where a non-container crane is retained after it has ceased to be used a rate of £7.40 per half-hour shall be charged from the time it has ceased to be used until notice that it is no longer required has been given to the harbour office.

11. An additional charge of £9.80 per crane shall be made where a craneman is ordered to attend before 8 a.m. to ensure that a crane will be ready to start promptly at 8 a.m. (monday to Friday).

12. An additional charge of £4.24 per crane shall be made where a crane is used after 4.45 p.m. but is not used after 5 p.m. (monday to Friday).

13. Where a crane is ordered for a period which includes work after 5 p.m. on a weekday, and notice of cancellation of overtime is given to the harbour office not later than 3 p.m., the penalty of £9.80 referred to above will apply; where notice of cancellation is given after 3 p.m. but before 4.45 p.m. a penalty of £19.50 will apply; where notice of cancellation is given after 4.45 p.m. a penalty of £23.40 will apply.

14. Where it is intended to work after 6 p.m. and another craneman is ordered to act as relief craneman between 5 p.m. and 6 p.m. and it is found subsequently that the relief craneman is not required, the charge of £5.30 for retaining a craneman between 4.45 p.m. and 5 p.m. will apply unless notice of cancellation is received at the Harbour Office before 4.45 p.m.

15. Where a relief craneman is required to work through the normal tea hour 5 p.m. to 6 p.m. (Monday to Friday) a charge of £7.60 will be made.

Relief craneman	Saturday:	£38.00
	Sunday:	£55.00

16. The expression "Public Holidays" shall mean the following days, vis:— 1st January, St. Patrick's Day, Easter Monday, 1st Monday in June, 1st Monday in August, last Monday in October, Christmas Day, St. Stephen's Day, Good Friday and any other day declared by the Minister as a Public Holiday or any day or portion of a day regarded generally in the Port as a substitute for any of the foregoing.

17. Subject to review by the Board any question which may arise as to the meaning of any of the foregoing conditions or as to the Rates to be charged for the use of the cranes, grabs or other appliances, or for rail haulage or for Waiting Time, shall be determined by the Harbour Master of the Board.

OVERTIME.

(Non-container Cranes)

	Increase
Monday to Friday From 5 p.m. to Midnight	30%
Saturday From 8 a.m. to Noon From Noon to Midnight	30% 140%
On all days From Midnight to 8 a.m.	140%
Sundays and Public Holidays	140%

(Container Cranes)

Monday to Friday—
5 p.m. to Midnight Midnight to 8 a. m.	£19.20 per hour £25.60 per hour
Saturday 8 a.m. to Mid-day Mid-day to 6 p.m.	£25.60 per hour £25.60 per hour; Minimum £129
Sunday	£38.25 per hour; Minimum £161
19. Travelling Time
Monday to Friday— 8 a.m. to 5 p.m.	£9.65 per hour
Monday to Friday— 5 p.m. to Midnight Saturday 8 a.m. to Noon	£13.50 per hour
Monday to Saturday— Midnight to 8 a. m.
Saturday— Noon to Midnight
Sunday all day	£18.10 per hour

PART II.

CHARGES FOR THE USE OF ELECTRIC CRANES.

4 TONNES AND UNDER

	Per hour or part of an Hour	Minimum Charge for the useof Crane
Any Cargo by Grab	26.40	52.80
Other Cargoes	22.40	44.80
Two cranes used in tandem — 6 tonne rates to apply.

6 TONNE CRANES.

Minimum charge for two hours	52.80
Each additional hour	26.40
When used as a four tonne crane only, the 4 tonne crane rates to apply.

10 TONNE CRANES.

Minimum charge for two hours	67.90
Each additional hour	33. 95
When used as a 6 tonne or a four tonne crane only, the 6 tonne or 4 tonne rates to apply.

25 TONNE CRANES.

Minimum charge for two hours	73.00
Each additional hour	36. 50

100 Tonne Cranes.

		£
A.	When used for Lifts exceeding 20 Tonnes:— For each tonne or any part of a tonne	6.35
	When the total weight lifted exceeds 30 Tonnes:— For each tonne in excess of 30 tonnes	3.20
	These rates are subject to a minimum charge for the time the crane is in use, viz:— For any period not exceeding two consecutive hours	123.00
	For every additional hour or part of an hour	61.50
B.	When used for Lifts not exceeding 20 Tonnes:— For each tonne or part of a tonne	4.75
	When the total weight lifted exceeds 25 Tonnes:— For each tonne or part of a tonne in excess of 25 tonnes	2.40
	These rates are subject to a minimum charge for the time the crane is in use, vis.:—
	For any period not exceeding two consecutive hours	73.00
	For every additional hour or part of an hour	36.50

Container Cranes.

A.	Lifting Containers or Flats ex ship or to ship between 8 a.m. and 5 p.m. Monday to Friday.
	Not exceeding 8m. overall length	£10.30 per lift.
	Exceeding 8m overall length	£14.90 per lift.
B.	The minimum charge for the use of the crane shall be £34.40
C.	Waiting time between the time for which the crane is ordered and the time of commencement of work shall be charged at the rate of £34.40 per half hour.
D.	If a period of working ceases or is interrupted and the crane is not released a charge of £34.40 per hour may be imposed if, in the opinion of the Harbour Master, the circumstances so warrant.

Grabs.

For each self-dumping grab supplied by the Board a charge of £5.80 per hour or part of an hour will be made.

Special grabs supplied by the Board to be charged at special rates to be fixed by the Board from time to time.

The cost to the Board of attaching and disconnecting a grab to and from a crane shall be payable by the user in addition to the aforementioned rates.

Fork Lift Trucks.

Rate	£13.45 per hour
Minimum charge	£13.45
Overtime
Monday to Friday:
	Increase
Between 5 p.m. and 8 a.m. Saturday, Sunday and Holidays:	50% 100%

GIVEN under my hand, this 21st day of February, 1985.

TED NEALON,

Minister of State at the

Department of Communications.

EXPLANATORY NOTE.

This Order authorises the Dublin Port and Docks Board to charge revised goods, tonnage and other charges at Dublin, Skerries and Balbriggan Harbours.