S.I. No. 528/1997 - Harbour Rates (Tralee and Fenit Pier and Harbour) Order, 1997.

I, MICHAEL WOODS, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 104 of the Harbours Act, 1946 (No. 9 of 1946), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ) and Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ) 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 (Tralee and Fenit Pier and Harbour) Order, 1997.

(2) This Order shall come into operation on the 1st day of January, 1998.

2. In this Order “the Order of 1994” means the Harbour Rates (Tralee and Fenit Pier and Harbour) Order, 1994 ( S.I. No. 192 of 1994 ).

3. The Harbour Rates (Tralee and Fenit Pier and Harbour) Order, 1954 ( S.I. No. 266 of 1954 ), is hereby amended by—

(a) the substitution of the First Schedule (inserted by Order of 1994) thereto of the following schedule:

FIRST SCHEDULE

MAXIMUM GOODS RATES

E.O.H.P. — Except Otherwise Herein Provided

Commodity	Rate per Tonne (E.O.H.P.) Import and Export
	£
Animal Feed and Grain	47p
Boats, Yachts etc.	77p
Butter, Casein and Dairy Products	67p
Cement and Concrete Products	58p
Chemicals and Chemical Products	1.01p
Coal, Turf and other Solid Fuels	40p
Cranes and other Machinery	98p
Drill Pipes and Casing	1.17p
Fertilisers	53p
Fish and Fish Products	58p
Foodstuffs	98p
Livestock	1.22p each
Meat and Meat Products	80p
Metal Manufactured	65p
Ores and Minerals	81p
Petroleum Products	60p
Timber	53p
Wood Pulp	31p
Goods not elsewhere herein provided	1.04p

(b) the substitution for the Second Schedule (inserted by the Order of 1994) thereto of the following Schedule:

SECOND SCHEDULE

MAXIMUM TONNAGE RATES

1. Tonnage rates on vessels other than vessels described at paragraphs 2 and 3 below:

(a)	On every ton of the net register tonnage or of half the gross tonnage, whichever is the greater, of every vessel (except as hereinafter provided) entering or leaving the harbour for the purpose of loading or discharging
	cargo	...	...	...	...	...	£0.74
(b)	On every ton of the net register tonnage or half the gross tonnage, whichever is the greater, of all such vessels wind-bound or otherwise and not loading or
	discharging cargo, a sum of			...	...	...	£0.31
(c)	On every ton of net register tonnage or of half the gross tonnage, whichever is the greater, of every such vessel remaining in the port after the expiration of 7
	days, for each 14 days thereafter, a sum of				...	...	£0.25

2. Tonnage rates on yachts and pleasure boats.

(a) On all pleasure yachts, sailing boats, motor boats and vessels plying for hire lying at a mooring within the harbour and not paying the composite rate in paragraph 2(b) below for each entry into the harbour for any purpose a sum of:

(i)	if under 10 tons gross	...	...	...	...	£3.50
(ii)	if 10 tons gross or over but under 60 tons gross					£7.00
(iii)	if 60 tons gross or over		...	...	...	£14.00

(b) On all pleasure yachts, sailing boats, motor boats and vessels plying for hire lying at a mooring within the harbour as a composite in full of tonnage rates payable yearly in advance on the 1st July or on entry to the harbour, a sum of:

(i)	if under 10 tons gross	...	...	...	...	£25.00
(ii)	if 10 tons gross or over but under 60 tons gross					£50.00
(iii)	if 60 tons gross or over		...	...	...	£100.00

(c) All pleasure yachts, sailing boats, motor boats and vessels plying for hire lying at the mooring within the harbour for a period in excess of 28 days shall be liable for the annual rates at 2(b) above.

(d) All pleasure yachts, sailing boats, motor boats and vessels plying for hire berthing at the quays within the harbour shall pay the same rates as fishing vessels specified at 3 below.

3. Tonnage rates on fishing vessels

(a) On every fishing vessel not paying the composite rates set out at paragraph (b) below, for each entry into the harbour a sum of:

(i)	if under 3 tons gross			...	...	...	...	£5.00
(ii)	if 3 tons gross or over but under 6 tons gross							£7.50
(iii)	if 6 tons gross or over but under 10 tons gross							£10.00
(iv)	if 10 tons gross or over but under 20 tons gross							£15.00
(v)	if 20 tons gross or over but under 40 tons gross							£20.00
(vi)	if 40 tons gross or over but under 60 tons gross							£25.00
(vii)	if 60 tons gross or over but under 80 tons gross							£30.00
(viii)	if 80 tons gross or over but under 100 tons gross							£35.00
(ix)	if 100 tons gross or over but under 120 tons
	gross	...	...	...	...	...	...	£40.00

(b) On every fishing vessel using the harbour as a composite in full of tonnage rates payable yearly in advance, on 1st January, or on entry into the harbour, a sum of:

(i)	if under 1 ton gross		...	...	...	...	£25.00
(ii)	if 1 ton gross or over but under 3 tons gross						£50.00
(iii)	if 3 tons gross or over but under 6 tons gross						£75.00
(iv)	if 6 tons gross or over but under 10 tons gross						£100.00
(v)	if 10 tons gross or over but under 20 tons gross						£150.00
(vi)	if 20 tons gross or over but under 40 tons gross						£200.00
(vii)	if 40 tons gross or over but under 60 tons gross						£250.00
(viii)	if 60 tons gross or over but under 80 tons gross						£300.00
(ix)	if 80 tons gross or over but under 100 tons gross						£350.00
(x)	if 100 tons gross or over but under 120 tons
	gross	...	...	...	...	...	£400.00

(c) Fishing vessels in excess of 120 tons gross shall be liable for the same tonnage rates as will apply to commercial vessels under 1(a), (b) and (c).

(d) Fishing vessels using the harbour for a period in excess of 28 days but less than 90 days in the year shall be liable for half the annual rates specified at (b).

Note: For vessels sailing from the harbour and put back by stress of weather, without having accomplished the voyage, no additional rates shall be charged on such return.”

	GIVEN under my Official Seal, this 16th day of December, 1997.
	MICHAEL WOODS,
	Minister for the Marine and Natural Resources.

The Order of 1994 is hereby revoked.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order authorises the Tralee and Fenit Pier and Harbour Commissioners to charge increased goods and tonnage rates at Fenit Harbour.