S.I. No. 390/1940 - Harbour Rates (Cork Port and Harbour) Order, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 390.

HARBOUR RATES (CORK PORT AND HARBOUR) ORDER, 1940.

THE HARBOUR RATES (CORK PORT AND HARBOUR) ORDER, 1940, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 22nd DAY OF NOVEMBER, 1940, PURSUANT TO SUB-SECTION (1) OF SECTION 3 of THE HARBOURS (REGULATION OF RATES) ACT, 1934 .

WHEREAS it is enacted by sub-section (1) of section 3 of the Harbours. (Regulation of Rates) Act, 1934 (No. 2 of 1934), that the Minister for Industry and Commerce may, if and whenever he thinks fit on the application of the harbour authority for any harbour, by order (in the said Act referred to as a harbour rates order) fix all or any of the rates, or, where he so thinks fit, the maximum rates to be charged by the harbour authority of such harbour, and may for that purpose revoke, modify, alter or extend by such order any statutory or other provision fixing, restricting, or otherwise regulating the rates or the maximum or minimum rates chargeable by such harbour authority :

AND WHEREAS the Cork Harbour Commissioners have applied pursuant to section 4 of the said Act to the Minister for Industry and Commerce for a harbour rates order in respect of the Port and Harbour of Cork fixing new maximum rates in respect of vessels entering or using the said Port and Harbour and increasing the maximum import and export rates in respect of goods :

AND WHEREAS the Minister for Industry and Commerce has pursuant to the provisions of sub-section (1) of section 5 of the said Act given notice dated the 12th day of October, 1940, of his proposal to make such order to the said Commissioners, and has given the directions mentioned in that sub-section in respect of the notice required thereby to be published by the said Commissioners :

AND WHEREAS the said Commissioners have duly published such notice, and such notice has contained the directions mentioned in sub-section (2) of section 5 of the said Act as regards making objections and representations to the Minister for Industry and Commerce in respect of such proposed order :

NOW, THEREFORE, I, SEAN MacENTEE, Minister for Industry and Commerce, in exercise of the powers conferred on me by sub-section (1) of section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934), and of every and any other power me in this behalf enabling, do hereby order as follows, that is to say :—

1 Short title and commencement.

1.—(1) This Order may be cited as the Harbour Rates (Cork Port and Harbour) Order, 1940.

(2) This Order shall come into operation on the 25th day of November, 1940.

2 Application of Interpretation Act, 1937 .

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3 Interpretation.

3.—(1) In this Order—

the expression "the Acts" means the Cork Harbour Acts, 1820 to 1933 ;

the expression "the Commissioners" means the Cork Harbour Commissioners;

the expression "the Port" means the port, harbour and river of Cork within the present limits thereof and the quays, piers and landing places therein, and includes all places within the jurisdiction of the Commissioners;

the expression "the harbour master" includes any harbour master and deputy or assistant harbour master for the time being appointed by the Commissioners ;

the expression "the collector of rates" means the collector of tonnage and goods rates for the time being appointed as such by the Commissioners ;

the word "vessel" means a ship, boat or other vessel of any description ;

the expression "the owner" when used in relation to any vessel, shall extend to and include the owner or charterer of the vessel or his agent or consignee ;

the expression "the master" when used in relation to any vessel, means the person having the command or charge of the vessel for the time being.

(2) This Order shall be construed as one with the Acts.

4 Tonnage Rates.

4.—(1) The Commissioners may, subject to the provisions of the Acts, demand and take, in respect of all vessels entering or using the Port, any rates (in this Order referred to as tonnage rates) not exceeding those specified in Part 1 of the First Schedule to this Order.

(2) The provisions set out in Part II of the First Schedule to this Order shall apply in respect of tonnage rates.

(3) Tonnage rates in respect of a vessel shall be paid by the owner or master of the vessel.

(4) The harbour master is authorised and required to refuse to allow any vessel to leave the Port until he receives from the collector of rates a permit showing that all tonnage rates due in respect of such vessel have been paid.

5 Increase of rates on goods.

5. The Cork Harbour Act, 1933 (No. 1 (Private) of 1933), as amended by the Harbour Rates (Cork Harbour, Rates on Crude Petroleum, Sugar Beet and Sugar Beet Pulp) Order, 1935 (Statutory Rules and Orders No. 126 of 1935), the Harbour Rates (Cork Harbour, Rates on Raw Rubber) Order, 1935 (Statutory Rules and Orders No. 592 of 1935), the Harbour Rates (Cork Harbour, Import and Export Duties on Horses) Order, 1936 (Statutory Rules and Orders No. 376 of 1936), and the Harbour Rates (Cork Harbour, Rates on Steel semi-manufactured and Spelter) Order, 1940 (Statutory Rules and Orders No. 55 of 1940), shall be construed and have effect as if the several rates specified in the Schedule to the said Act, as so amended, were increased by fifty per cent.

6 Application of the Acts to new rates.

6. The several provisions and powers of the Acts in respect of rates, charges, tolls, dues, rents and other moneys and receipts which may be taken or recovered by way of income by the Commissioners shall respectively extend and apply to the rates authorised by or under this Order to be taken or recovered by the Commissioners.

7 Application of moneys received from new rates.

7. All moneys received by the Commissioners from rates leviable or receivable under this Order shall be applied in the same manner and to the same purposes as the moneys (other than the pilotage revenues) received by them from dues, rates and charges under the Acts.

8 Saving.

8. Nothing in this Order contained shall prejudice or affect the powers of the Commissioners to levy, collect or recover any rates, dues or sums of money leviable by or due to the Commissioners immediately before the commencement of this Order, and such rates, dues, and sums of money may be levied, collected and recovered by the Commissioners in the same manner and subject to the same conditions as if this Order had not been made and come into operation.

9 Revocation of certain provisions of the Acts.

9.—(1) The enactments mentioned in the Second Schedule to this Order are hereby revoked to the extent mentioned in the third column of that Schedule.

(2) The revocation effected by this Article shall not revive any enactment not in force immediately before the commencement of this Order.

FIRST SCHEDULE.

PART I.

MAXIMUM TONNAGE RATES CHARGEABLE ON ALL VESSELS ENTERING OR USING THE PORT OF CORK.

Ref. No.	Maximum tonnage rates
		s.	d.
1	For every net register ton of the admeasurement of every vessel (except as hereinafter specified) from any port or place in Great Britain, 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	1	0
2	For every net register ton of the admeasurement of every vessel from any port or place, other than a port or place in Great Britain, Northern Ireland or the State, which ships, trans-ships or unships any cargo in the Port, for each time of entering the Port a sum not exceeding	2	0
3	For every net register ton of the admeasurement of every vessel, with or without cargo on board, from any port or place either in or out of Great Britain, Northern Ireland or the State and 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	0	3
4	For every net register ton of the admeasurement of every transatlantic passenger vessel 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	0	0½
5	For every net register ton of the admeasurement of every cruising passenger vessel 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	0	0½
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	0	4
7	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, 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, in addition to any other sum payable under this Part of this Schedule, a sum not exceeding	0	2

FIRST SCHEDULE—continued.

Ref. No.	Maximum tonnage rates
		s.	d.
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	5	0

PART II.

PROVISIONS APPLICABLE TO TONNAGE RATES MENTIONED IN PART I OF THIS SCHEDULE.

1. In the case of a steam or motor vessel (other than a steam or motor tug) 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. The tonnage rates mentioned at reference numbers 1 to 6, inclusive, of Part I of this Schedule shall be payable on the entry of the vessel.

3. The tonnage rate mentioned at reference number 7 of Part I of this Schedule shall be payable weekly or prior to the departure of the vessel if the period for which the rate is incurred is less than a week.

4. The tonnage rate mentioned at reference number 8 of Part I of this Schedule shall be payable on completion of the first voyage of a vessel in any year.

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 Great Britain or Northern Ireland or the State, or trans-ships or unships in the Port any cargo shipped at a port or place, other than a port or place in Great Britain or Northern Ireland or the State, the tonnage rate mentioned at reference number 2 of Part I of this Schedule shall be payable.

6. For the purposes of assessing the tonnage rate mentioned at reference number 7 of Part I of this Schedule the word "week" means any period of seven consecutive days.

SECOND SCHEDULE.

ENACTMENTS REVOKED.

Session and Chapter	Short title	Extent of revocation
40 & 41 Vic., Ch. clviii.	The Cork Harbour Act, 1877.	Section 18.
46 & 47 Vic., Ch. clxxi.	The Cork Harbour Act, 1883.	Sections 5, 7, 8, 9 and 10; the First Schedule; the Second Schedule; the Third Schedule.
3 Edw. VII, Ch. cclvi.	The Cork Harbour Act, 1903.	Sections 4 and 5.

Given under my Official Seal this 22nd day of November, 1940.

SEÁN MacENTEE,

Minister for Industry and Commerce.