Harbours Act, 1946
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Definitions. |
2.—(1) In this Act, save where the context otherwise requires— | |
the words “aircraft” and “aerodrome” have the same meanings respectively as they have in the Air Navigation and Transport Act, 1936 (No. 40 of 1936); | ||
the expression “annual meeting” has the meaning assigned to it by subsection (1) of section 20 of this Act; | ||
the expression “chamber of commerce member” has the meaning assigned to it by section 7 of this Act; | ||
the expression “the collector of rates” means the collector of rates or the harbour master and collector of rates (as the case may be) under section 38 of this Act of a harbour; | ||
the expression “elected member” has the meaning assigned to it by section 7 of this Act; | ||
the expression “election year” means a year which, in accordance with section 9 of this Act, is an election year for the purposes of this Act in respect of the relevant harbour authority; | ||
the expression “the General Manager” means the General Manager under section 39 of this Act of a harbour; | ||
the word “goods” includes livestock, minerals, wares, chattels and merchandise of all descriptions; | ||
the expression “goods rates” has the meaning assigned to it by paragraph (b) of section 94 of this Act; | ||
the expression “graving dock” includes any patent slip, gridiron, saucer or other like work; | ||
the word “harbour” means the harbour of a harbour authority; | ||
the expression “harbour authority” means a body mentioned in the first column of the First Schedule to this Act, but— | ||
(a) in the case of the council of the urban district of Kilrush, the expression shall be construed as referring to that council acting as the body maintaining Cappa Pier at Kilrush, and | ||
(b) in the case of the council of the urban district of Youghal, the expression shall be construed as referring to that council acting as the body maintaining Youghal Harbour; | ||
the expression “the harbour master” means the harbour master or the harbour master and collector of rates (as the case may be) of a harbour under section 38 of this Act; | ||
the expression “harbour rates order” has the meaning assigned to it by section 104 of this Act; | ||
the expression “harbour works order” has the meaning assigned to it by section 134 of this Act; | ||
the expression “labour member” has the meaning assigned to it by section 7 of this Act; | ||
the expression “livestock member” has the meaning assigned to it by section 7 of this Act; | ||
the expression “local authority” means a local authority for the purposes of the Local Government Act, 1941 (No. 23 of 1941); | ||
the expression “local authority member” has the meaning assigned to it by section 7 of this Act; | ||
the expression “manufacturer member” has the meaning assigned to it by section 7 of this Act; | ||
the word “master” means the person having command or charge of the vessel in relation to which that word is used, but does not include pilots; | ||
the expression “the Minister” means the Minister for Industry and Commerce; | ||
the expression “nominated member” has the meaning assigned to it by section 7 of this Act; | ||
the expression “the office of the collector of rates” means such place or any of such places as may from time to time be designated by the relevant harbour authority for the purpose of payment of rates chargeable by them; | ||
the word “owner” includes, in relation to goods, any consignor, consignee, shipper or agent for sale or custody of such goods; | ||
the expression “pilotage authority” has the same meaning as it has in the Pilotage Act, 1913 ; | ||
the word “prescribed” means prescribed by regulations made by the Minister under this Act; | ||
the expression “principal office” means the principal office maintained by a harbour authority under section 147 of this Act; | ||
the expression “provisional harbour works order” has the meaning assigned to by it by section 135 of this Act; | ||
the word “rates” includes tonnage rates, goods rates and service rates; | ||
the expression “the secretary” means the secretary under section 38 of this Act of a harbour; | ||
the expression “service rates” has the meaning assigned to it by paragraph (c) of section 94 of this Act; | ||
the expression “tonnage rates” has the meaning assigned to it by paragraph (a) of section 94 of this Act; | ||
the word “vessel” includes a ship, boat or other vessel of any description. | ||
(2) A reference in this Act to a contravention of any provision includes, where appropriate, a reference to a contravention of that provision by failing or refusing to comply therewith. | ||
(3) Any reference in this Act to the limits of a harbour shall be construed— | ||
(a) in the case of a harbour as respects which a harbour works order fixing the limits thereof is for the time being in force—as a reference to the limits of the harbour as fixed by such order, but subject to any variation therein for the time being in force under any other harbour works order, and | ||
(b) in any other case, as a reference to— | ||
(i) if the harbour is Dublin Harbour—the limits of Port of Dublin within the meaning of section 2 of the Dublin Port and Docks Act, 1869, and | ||
(ii) if the harbour is not Dublin Harbour—the limits of the harbour as existing immediately before the passing of this Act, | ||
but subject to any variation therein for the time being in force under any harbour works order. |