Fishery Harbour Centres Act, 1968

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Fishery harbour centre orders.

2.—(1) The Minister may, in relation to any harbour mentioned in the Schedule to this Act, by order—

(a) declare such area of the harbour or the land adjoining the harbour or both the harbour and the land aforesaid, as is defined in the order to be a fishery harbour centre;

(b) define the area (comprising such area of the harbour (whether the whole or a part thereof) or the land adjoining the harbour or both the harbour and the land as may be specified in the order) of the fishery harbour centre;

(c) transfer to the Minister all the property (real or personal) in the fishery harbour centre of the managing authority for the harbour and all rights and liabilities in or relating to such centre of such managing authority;

(d) provide that the managing authority for the harbour shall cease to exercise or carry out any powers, functions or duties in relation to the fishery harbour centre.

(2) Where, in relation to a harbour, an order is made under this section—

(a) on and from the commencement of the order without any further conveyance, transfer or assignment—

(i) the property transferred by the order shall vest in the Minister for all the estate and interest therein of the managing authority for the harbour,

(ii) the rights transferred by the order shall be enjoyed by the Minister,

(iii) the liabilities transferred by the order shall be the liabilities of the Minister;

(b) the managing authority for the harbour and the officers and servants of the authority shall, on and from the commencement of the order, cease to exercise or carry out any powers, functions or duties in relation to the fishery harbour centre to which the order relates;

(c) if, immediately before the commencement of the order, any legal proceedings are pending to which the managing authority for the harbour is a party and the proceedings have reference to powers, functions or duties referred to in paragraph (b) of this subsection, the name of the Minister shall, on and from such commencement, be substituted in the proceedings for that of the managing authority and the proceedings shall not abate by reason of such substitution;

(d) anything commenced before the commencement of the order by or under the authority of the managing authority for the harbour may, on and from such commencement, in so far as it relates to powers, functions or duties referred to in paragraph (b) of this subsection, be carried on or completed on or after such commencement by the Minister;

(e) a licence, certificate or other like document granted or made in the exercise of a power, function or duty of the managing authority for the harbour shall, if and in so far as it was operative immediately before the commencement of the order, have effect on or after such commencement as if it had been granted or made by the Minister;

(f) on and from such commencement none of the following Acts, that is to say, the State Harbours Act, 1924 , the Harbours (Regulation of Rates) Act, 1934 , the Harbours Acts, 1946 and 1947, and the Harbours, Docks, and Piers Clauses Act, 1847 , shall apply to the fishery harbour centre to which the order relates;

(g) if the harbour is Killybegs Harbour and all the property, rights, and liabilities of the Killybegs Harbour Commissioners are transferred to the Minister by the order, the Killybegs Harbour Commissioners shall, on the commencement of the order, stand dissolved;

(h) if the harbour is Castletownbere Harbour, neither the Public Works (Ireland) Act, 1836 , nor the Fisheries (Ireland) Act, 1846, shall apply to the fishery harbour centre to which the order relates.

(3) Any order, regulation, bye-law or other instrument (other than an instrument of the kind referred to in subsection (4) of this section) relating to the management, control, operation or development of a harbour which, immediately before the commencement of an order under this section in relation to the harbour, was in force shall, on and from such commencement, in so far as it applies to the fishery harbour centre to which the order under this section relates, be deemed to have been made by the Minister as a bye-law under section 4 of this Act and to be in force in respect of so much of the harbour as is comprised in such fishery harbour centre and shall be capable of being amended or revoked accordingly.

(4) Any order, regulation, bye-law or other instrument which, immediately before the commencement of an order under this section in relation to a harbour, was in force in respect of that harbour and relates to rates or dues chargeable in respect of the harbour shall, on and from such commencement, in so far as it applies to the fishery harbour centre to which the order under this section relates, be deemed to have been made by the Minister as an order under section 4 of this Act and to be in force in respect of so much of the harbour as is comprised in such fishery harbour centre and shall be capable of being amended or revoked accordingly.

(5) An order shall not be made under subsection (1) or (7) of this section in relation to a harbour that was, immediately before the passing of this Act, under the management and control of a harbour authority mentioned in the First Schedule to the Harbours Act, 1946 , without the consent of the Minister for Transport and Power.

(6) (a) Before making an order under subsection (1) or (7) of this section, the Minister shall publish in Iris Oifigiúil and in such other manner as he may think best adapted for informing persons affected, notice of the proposal to make the order and of the place where copies of the draft order may be obtained and of the time (which shall not be less than twenty-one days) within which any objection made with respect to the draft order by or on behalf of persons affected must be sent to the Minister.

(b) Every objection shall be in writing and state—

(i) the specific grounds of objection,

(ii) the omissions, additions or modifications asked for.

(c) The Minister shall consider any objection made by or on behalf of any persons appearing to him to be affected which is sent to him within the required time, and he may, if he thinks fit, amend the draft order.

(d) If after the publication of the notice with respect to a draft order an objection is made within the required time with respect to the draft and not withdrawn, the Minister may, if he so thinks fit, before making the order direct an inquiry to be held in the manner hereinafter provided.

(e) Where an inquiry is to be held as to a draft order, the following provisions shall have effect with respect to the inquiry:

(i) the Minister shall appoint a competent person or competent persons to hold the inquiry, and to report to him thereon,

(ii) the inquiry shall be held in public, and any objector and any other person who, in the opinion of the person holding the inquiry or, if there is more than one such person, of the person presiding over the inquiry, is affected by the draft order, may appear at the inquiry whether in person or by counsel, solicitor or agent,

(iii) the witnesses may, if the person holding or presiding over the inquiry thinks fit, be examined on oath (which such person is hereby empowered to administer), and any person who gives false evidence on oath at the inquiry shall be guilty of perjury and punishable accordingly.

(7) The Minister may by order revoke or amend an order under this section (including an order under this subsection).