Harbours Act, 1946
|
Conditional exemption from rates. |
102.—(1) Where a vessel, in respect of which all the appropriate tonnage rates have been paid, is obliged, from stress of weather or other sufficient cause, after leaving the limits of a harbour to return therein with the same cargo, the rates so pail shall not again be payable in respect of the vessel. | |
(2) Where an arrangement is for the time being in force with any other state, under which fishing vessels belonging to nationals of that state are, when forced by stress of weather to seek shelter in an Irish harbour, exempted from rates, any fishing vessel belonging to a national of that state shall, if forced by stress of weather to enter the limits of any harbour, be exempt from rates in respect of such entry, unless the vessel breaks bulk. | ||
(3) Where goods upon which goods rates have been paid to a harbour authority are brought by sea within the limits of the harbour of the harbour authority, the following provisions shall have effect:— | ||
(a) the goods shall not again be chargeable with goods rates on being shipped, transhipped or unshipped into or out of any vessel which bona fide— | ||
(i) trades wholly within the limits of the harbour, or | ||
(ii) trades between such limits and any inland canal or river communicating therewith; | ||
(b) a declaration stating the facts which entitle the goods to such exemption shall, if so required, be made to the satisfaction of the harbour authority. | ||
(4) Where goods are brought within the limits of a harbour otherwise than by sea or are manufactured within such limits, goods rates shall not be chargeable in respect of the goods unless they are shipped or transhipped within the limits of the harbour for conveyance by sea beyond such limits. | ||
(5) Where a vessel, for the purpose of having repairs effected thereto, enters a harbour and the unshipping of the cargo of the vessel is necessary for the purpose of the repairs, goods rates shall not be chargeable by reason of the unshipping or by reason of the shipping of the same cargo after, the repairs are effected, but the harbour authority for the harbour may, if the cargo is stored at any place or in any premises under their control, charge for the storage. | ||
(6) Where, by reason of the situation of any harbour, port or pier, it is necessary for a vessel proceeding to such harbour, port or pier to pass through the limits of another harbour, rates shall not be chargeable in respect of the vessel so passing through such limits, unless— | ||
(a) the vessel makes any use of the facilities available in the other harbour, or | ||
(b) the rates are chargeable by virtue of section 95 of this Act and were being charged immediately before the passing of this Act in respect of vessels so passing through such limits, or | ||
(c) it is specifically provided by a harbour rates order that the rates are rates chargeable in respect of vessels so passing through such limits. |