S.I. No. 339/1985 - Harbour Rates (Cork Port and Harbour) (No. 2) Order, 1985.

S.I. No. 339 of 1985.

HARBOUR RATES (CORK PORT AND HARBOUR) (No. 2) 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 that Act, hereby order as follows:

1. (1) This Order may be cited as the Harbour Rates (Cork Port and Harbour) (No. 2) Order, 1985.

(2) This Order shall come into operation on the 21st day of October, 1985.

2. The Harbour Rates (Cork Port and Harbour) Order, 1970 ( S.I. No. 192 of 1970 ), is hereby amended by:

( a ) the substitution in Article 2 of the following paragraph for paragraph (b):

"(b) The following provisions shall have effect in relation to the goods rates chargeable by virtue of the said Cork Harbour Act, 1933 :

(i) the minimum rate payable on each consignment, whether on importation or exportation, shall be one penny and where the total amount payable in respect of a consignment includes a fraction of one penny, the fraction shall be charged as one penny,

(ii) rates shall be paid in all cases upon the gross weight, including packages,

(iii) returned goods, being imported, shall only be charged at export rates,

(iv) the rates payable for goods vehicles laden or partly laden (whether goods are carried in a container or otherwise) shall be calculated as follows:

( a ) in the case of a goods trailer, the rate payable shall be the appropriate rate payable for a laden or partly laden container of the same length as the goods trailer,

( b ) in the case of a goods motor vehicle (including an articulated vehicle), the rate payable shall be the appropriate rate payable for a laden or partly laden container the length of which is 3.05 metres less than that of the goods motor vehicle, and

( c ) no other rates shall be payable for such goods vehicles and no rates shall be payable for goods carried in or on goods vehicles or for goods carried in containers on goods vehicles", and

( b ) the substitution for the Schedule (inserted by the Harbour Rates (Cork Port and Harbour) Order, 1985 ( S.I. No. 73 of 1985 )), thereto of the following Schedule:

"SCHEDULE

PART I

MAXIMUM GOODS RATES

All Rates are per Metric Tonne except where specified

N.E.S. — not elsewhere specified

	Description of Goods	Rate
	Import	Export
		Pence	Pence
	Section 0—Food and Live Animals:
00	Live Animals (each)	70.2	35.5
01	Meat and Meat Preparations.	140.4	70.2
02	Dairy Products and Eggs	210.6	105.7
03	Fish and Fish Preparations	70.2	35.5
04	Cereals and Cereal Preparations	70.2	35.5
05	Fruit and Vegetables	187.4	94.0
06	Sugar, Sugar Preparations and Honey	94.0	47.1
07	Coffee, Tea, Cocoa, Spices and Manufactures thereof	164.1	82.1
08	Feeding Stuffs for Animals (excluding unmilled cereals)	94.0	47.1
09	Miscellaneous Food Preparations	280.7	140.4
	Section 1—Beverages and Tobacco:
11	Beverages	280.7	140.4
12	Tobacco and Tobacco Manufactures	210.6	105.7
	Section 2—Crude Materials,
	Inedible, except Fuels:
21	Hides, Skins and Fur Skins, undressed	164.1	82.1
21	Oil Seeds, Oil Nuts and Oil Kernels	187.4	94.0
23	Crude Rubber (including (Synthetic and reclaimed)	187.4	94.0
24	Wood, Lumber and Cork	61.2	30.7
25	Pulp and Waste Paper	140.4	70.2
26	Textile Fibres and their Waste	187.4	94.0
27(01)	Phosphate Rock	57.6	28.9
27	Other Crude Fertilisers	94.0	47.1
27	Minerals (excluding coal, petroleum and precious stones)	70.2	35.5
28	Metalliferous Ores and Metal Scrap	70.2	35.5
29	Crude Animal and Vegetable Materials N.E.S.	117.0	58.9
	Section 3—Mineral Fuels, Lubricants and Related Products
32	Coal, Coke and Briquettes	48.4	24.2
33(01 and 18)	Crude Oil and Reformer Feed stock	25.0	14.5
33(02)	Motor Spirit	206.2	31.6
33(03-10 and 17)	Other Petroleum Oils & Spirits	112.7	27.6
33(11-16)	Other Petroleum Products	117.0	58.9
34	Gas (natural and Manufactured)	233.8	117.0
	Section 4—Animal & Vegetable Oils & Fats:
41	Animal & Vegetable Oils & Fats	140.4	70.2
43	Animal & Vegetable Oils & Fats (processed and waxes)	164.1	82.2
	Section 5—Chemicals:
51	Chemical Elements and Compounds	140.4	70.2
51(22)	Acids shipped in vessels built or converted to carry acid in bulk	84.6	70.2
52	Mineral Tar and Crude Chemicals from Coal, Petroleum and Natural Gas	94.0	47.1
53	Dyeing, Tanning and Colouring materials	140.4	70.2
54	Medicinal, and Pharmaceutical Products	233.8	117.0
55	Essential Oils and Perfume Materials, Toilet, Polishing and Cleansing Preparations	140.4	70.2
56	Fertilisers Manufactured	94.0	47.1
57	Explosives	397.7	199.1
58	Plastic Materials etc. and Artificial Resins	210.6	105.7
59	Chemical Materials and Products N.E.S.	164.1	82.2
	Section 6—Manufactured Goods Classified Chiefly by Material:
61	Leather, Leather Manufactures N.E.S. and Dressed Furskins	351.0	175.9
62	Rubber Manufactures N.E.S.	374.2	187.2
63	Wood & Cork Manufactures (excluding furniture)	116.9	58.9
64	Paper, Paperboard & Manufactures thereof	140.4	70.2
65	Textile, Yarn, Fabrics, made up Articles and related Products	257.6	129.1
66	Non-metallic Mineral Manufactures N.E.S.	61.2	30.7
67	Iron and Steel	70.2	35.5
68	Non-Ferrous Metals	94.0	47.1
69	Manufactures of Metal	210.6	105.7
69(02)	Empty Containers or Flats	117.0	117.0
	Section 7—Machinery and Transport Equipment:
71	Machinery (other than Electric)	140.4	70.2
72	Electrical Machinery and Appliances	140.4	70.2
73(01, 02,10)	Motor Cars, Lorries, Trucks, Vans and Motor Boats	each 584.8	each 292.7
73(05, 07,09)	Motor Cycles, Cycles, Boats	each 70.2	each 35.5
73(08)	Caravans and Trailers etc.
	Less than 4.57 Metres	each 233.8	each 117.0
	4.57 Metres and less than 7.62 Metres	each 584.8	each 292.7
	7.62 Metres and over	each 935.7	each 468.0
73(12)	Motor Vehicles over 3 tonnes	each 935.7	each 468.0
73(13)	Accompanied Passenger Motor Cars	each 198.4	each 198.4
73(03, 04,06 and 11)	Tractors, Car and Tractor Parts, Bicycle Parts and Luggage	94.0	47.1
	Section 8—Miscellaneous Manufactured Articles N.E.S.:
81	Sanitary Fixtures and Fittings	210.6	105.7
82	Furniture	304.4	152.3
83	Travel Goods, Handbags and Similar Articles	350.8	175.9
84	Clothing	397.7	199.1
85	Footwear	397.7	199.1
86	Professional and other Instruments, Photographic and Optical Goods, Clocks	397.7	199.1
89	Miscellaneous Manufactured Articles N.E.S.	350.8	175.9
89(02)	Pianos	each 304.4	each 152.3

	Containers or Flats: (laden or partly laden)	Per container or flat import or export
		Pence
(1)	Containers or flats not exceeding 6.1 metres in length carrying components for the manufacture or motor vehicles and/or tractors and other direct materials normally used in motor vehicle assembly plants.	233.8
(2)	Containers or flats not exceeding 3.05 metres in length carrying any kind of goods other than specified in (1) above.	701.8
(3)	Containers or flats exceeding 3.05 metres but not exceeding 6.1 metres in length (excluding units carrying components for the manufacture of motor vehicles and/or tractors and other direct materials normally used in motor vehicle assembly plants).	1169.3
(4)	Containers or flats exceeding 6.1 metres but not exceeding 9.15 metres in length.	1754.0
(5)	Containers or flats exceeding 9.15 metres in length.	2338.4

PART II

Ref. No.	Maximum Tonnage Rates	Pence
1.	For every net register ton of the admeasurement of every vessel (except as hereinafter specified) from any port or place in Great Britain, Isle of Man, Northern Ireland or the State, which ships, trans-ships or unships any cargo or passengers in the Port, for each time of entering the Port a sum not exceeding	47.1
2.	For every net register ton of the admeasurement of every vessel (except as hereinafter specified) from any port or place, other than a port or place in Great Britain, Isle of Man, Northern Ireland or the State, which ships, trans-ships or unships any cargo or passengers in the Port, for each time of entering the Port a sum not exceeding	61.0
3.	For every net register ton of the admeasurement of every vessel, with or without cargo on board, from any port or place not shipping, trans-shipping or unshipping any cargo or passengers in the port other than provisions or fuel (coal or oil) to be used for the purpose of the voyage, for each time of entering the Port a sum not exceeding	4.8
4.	For every net register ton of the admeasurement of every trans-atlantic passenger vessel and cruising liner actually cruising not shipping, trans-shipping or unshipping in the Port any cargo other than mails, passengers or passengers' luggage, or provisions or fuel (coal or oil) to be used for the purpose of the voyage, for each time of entering the Port a sum not exceeding	4.8
5.	For every net register ton of the admeasurement of every cruising passenger vessel using the Port as a terminal port which enters the Port solely for the purpose of landing or embarking passengers or both landing and embarking passengers and not shipping, trans-shipping or unshipping in the Port any merchandise or cargo other than passengers or passengers' luggage or provisions or fuel (coal or oil) to be used for the purpose of the voyage, for each time of entering the Port a sum not exceeding	12.3
6.	For every net register ton of the admeasurement of every fishing vessel of whatever size and in whatever way propelled which is for the time being employed in sea fishing, or in the sea fishing service, for each time of entering the Port a sum not exceeding	7.4
7. (a)	For every net register ton of the admeasurement of every vessel (other than a vessel of the class mentioned at reference number 8 of this Part of this Schedule) which is berthed at any CorkHarbour Commissioners' quay, wharf or jetty, and which remains within the Port after the expiration of four weeks from the date of arrival at the Port, for each week or part of a week in excess of four weeks from the date of such arrival during which such vessel remains berthed as above, in addition to any other sum payable under this part of this Schedule, sums as follows:
	5th, 6th, 7th and 8th week (per week or part	7.0
	9th, 10th, 11th and 12th week (per week or part)	14.0
	Subsequently (per week or part)	28.0
(b)	For every net register ton of the admeasurement of every vessel (other than a vessel of the class mentioned at reference number 8 of this Part of this Schedule) which remains within the Port after the expiration of eight weeks from the date of arrival at the Port and which is not subject to charge under reference number 7 (a) of this part of this Schedule, for each week or part of a week in excess of eight weeks from the date of such arrival during which such vessel remains within the Port, but is not berthed at any Cork Harbour Commissioners' quay, wharf or jetty, in addition to any other sum payable under this Part of this Schedule, a sum not exceeding	4.8
8.	For every net register ton of the admeasurement of every vessel employed or plying for any purpose whatsoever within the limits of the Port, for each year during or in any part of which it is so employed or plies a sum not exceeding	176.0
9.	For every net register ton of the admeasurement of every vessel from any Port or place not unshipping or trans-shipping in the Port any passengers or cargo other than crude or partly refined oil at the Marine Terminal of the Irish Refining Company Limited for refining at the Whitegate Refinery and not shipping in the Port any passengers or cargo other than petroleum products refined at the Whitegate Refinery, for each time of entering the Port a sum not exceeding	13.5
10.	For every net register ton of the admeasurement of every vessel from any port or place not unshipping or trans-shipping any passengers or cargo in the Port and not shipping in the Port any passengers or cargo other than petroleum products refined at the Whitegate Refinery, for each time of entering the Port a sum not exceeding	13.5

PART III

1. In the case of a steam or motor vessel the net register tonnage upon which tonnage rates shall be leviable by the Commissioners shall in no case be deemed for the purpose of rating to be less than fifty per cent of the gross register tonnage of such vessel.

2. Where a ship (hereinafter referred to as the mother vessel) constructed to carry lighters or other vessels (hereinafter referred to as lighters) containing cargo enters the port and ships, trans-ships or unships any lighters and their cargo and does not ship, trans-ship or unship any other cargo, the mother vessel shall be liable in respect of such entry to tonnage rates under reference number 3 in Part II of this Schedule, and such lighters as are unshipped or trans-shipped shall be liable in respect of such entry to tonnage rates under reference number 1 or reference number 2 (as the case may be) in Part II of this Schedule.

3. For the purpose of charging tonnage rates, a composite vessel or barge train consisting of a power unit and separable parts, shall be rated as follows:

( a ) in case all the individual parts have gross and net register tonnages, the sum of all the individual net register tonnages or half the sum of all the gross register tonnages (whichever is the greater) shall be taken as being the net register tonnage of the whole composite vessel or barge train,

( b ) in any other case, the composite vessel or barge train shall be rated as if it were an ordinary vessel of the same overall dimensions as the composite vessels or barge train.

4. Where the tonnage rate specified at reference number 3 in Part II of this Schedule is chargeable in respect of a ship. the ship shall not become liable to be charged any other tonnage rate specified in that Schedule by reason only of its engaging in any of the following activities:

( a ) taking on board, or landing a licensed pilot belonging to another port; or

( b ) landing any sick or injured person or persons or the remains of any deceased person or persons; or

( c ) landing a stowaway or stowaways.

5. If a vessel ships in the port any cargo for trans-shipment or unshipment at any port or place, other than a port or place in the State or in Great Britain, the Isle of Man or Northern Ireland, or trans-ships or unships in the Port any cargo shipped at a port or place, other than a port or place in the State or in Great Britain, the Isle of Man or Northern Ireland, the tonnage rate mentioned at reference Number 2 of Part II of this Schedule shall be payable."

3. The Harbour Rates (Cork Port and Harbour) Order, 1985 ( S.I. No. 73 of 1985 ), is hereby revoked.

GIVEN under my hand, this 7th day of October, 1985.

TED NEALON,

Minister of State at the Department

of Communications.

EXPLANATORY NOTE.

This Order authorises Cork Harbour Commissioners to charge increased tonnage rates in respect of long-term berthing of vessels at the Commissioners' quays, wharves or jetties.