Harbour Processes

Reporting Arrival

The master of a vessel that arrives at a harbour must report their arrival. The harbourmaster may require certification of registration of a vessel under the Merchant Shipping Acts or equivalent registration abroad.

A master of a vessel other than a pleasure boat which enters a harbour, with a cargo of fish must furnish a statement of the take and the name of the person taking delivery.

The harbourmaster may require the master of a vessel in the harbour to give a statement of the draught of the vessel.  Failure to do so constitutes an offence prosecutable summarily.

Harbourmaster Requirements

The harbourmaster may, subject to byelaws, give directions to masters of vessels for the purpose of regulating traffic and protecting persons and property.  He may regulate the time and manner in which vessels may arrive and leave the harbour.

The directions may regulate the dismantling of vessels and the quantity of ballast or dead weight in their hold. Failure to comply with a direction lawfully given authorises the harbourmaster to carry out the direction and charge and recover the cost.

The harbourmaster may require vessels to be moved for the purpose of carrying out repairs, maintenance and cleansing of a harbour. A vessel may not be broken up within the limits of the harbour unless the harbourmaster has given written consent.

The harbourmaster may give directions in relation to the loading and unloading of cargo.  It may require cargo to be unloaded within a certain period in case of delay. The harbourmaster may enter into a vessel where he suspects there has been a contravention of legislation or the byelaw.

The harbourmaster may require the master of a vessel about to leave the dock to employ such persons as the harbourmaster thinks appropriate for the purpose of working the vessel safely out of the dock. The harbourmaster may detain a vessel until satisfied that all rates due in respect of the vessel have been paid or security given for their payment.

Loading and Unloading

The harbour authority may, at the request of the master of a vessel, accompanied by the appropriate fee which is about to land goods or on the request of the owner and consignee, appoint a person to survey and examine the goods and enquire into damage caused to such goods, making a written report to the authority of such surveys.  The harbour authority may examine goods landed and enquire into any issues concerning damage which may have occurred to them.

Where loading or unloading from a vessel is taking place, the harbour authority may superintend loading.  Directions may be given. The harbour authorities may make charges in relation to goods permitted to remain on quays and other places.

It’s not lawful to land or ship goods to any place within the limits of the harbour unless such place is assigned as a landing place or shipping place for such goods and is a legal quay approved by the Minister of Finance, a wharf approved by the Revenue Commissioners or for which Revenue Commissioners have given approval for landing.  Contravention is an offence.

Warehoused Goods

The harbour authority may afford access to goods deposited in its warehouse and under its control.  The harbour authority may at the request of a person, warehousing or depositing goods, issue and delivery certificates of the goods, warehouse or deposited.

They may issue a warrant for the delivery of the goods as specified.  A warrant of delivery may not be given unless all liens and claims for freight and other liens for which the goods are liable onboard the vessel and before being warehouse are deposited, of which the harbour authority has notice in writing and all harbour expenses and rates payable have been discharged.

A warrant for the transfer of goods is transferable by endorsements. A notice to detain goods for the payment of freight may be given in writing to the harbour authority before a warrant for the delivery of goods is issued.

A harbour authority may make custom entries for the warehousing of goods which have not been delivered under the Customs Acts within 24 to 48 hours after they are required to be entered. The customs entry may be made provided the cargo is eligible for entry for warehousing, and the failure to make such entry would result in obstruction of the business of the harbour. The cost of making the entry incurred by the harbour authorities is payable by the person in charge of the cargo.

Safety of Harbour

The harbour authority has powers to provide for the safety of the harbour.  It may regulate the handling of hazardous goods.  Hazardous goods must be labelled as such.  It is an offence to fail to do so.

It is an offence to bring articles into the limits of the harbour which are, in the opinion of the harbour authority, likely to endanger persons or property.  Notice may be given, and failure to comply with the terms of the notice is an offence.

It is not permissible to put any ballast, earth, ashes, stones or other substances into the waters within the limits of the harbour without the authority’s prior consent. It is an offence to extinguish light or attach anything to a buoy other than a mooring buoy.

Harbour Rates

Harbour authorities are entitled to charge rates calculated by reference to the tonnage of vessels and vehicles which enter their harbour, uses any quay in the harbour or plies within the limits of a harbour.

Rates may be made in respect of goods shipped or transhipped. Service rates may be made in respect of shipping services, including shipping, un-shipping, transhipping, warehousing, warehouse keepers, craneage, landing, piling, housing, weighing, measuring, un-housing, unloading, watching, delivering, et cetera. Rates charged by harbour authority are to be charged equally on all persons.  Harbour facilities are to be equally available on payment of rates.  Harbour authorities keep a list of rates charged in their principal office.

Harbour authorities may remit or provide for exemptions from and variations of rates.  They may enter arrangements in relation to the payment of rates provided they shall not give any undue or unreasonable preference to any person or subject them to any undue prejudice or disadvantage. Certain exemptions from rates are provided.

The Department, on the application of the harbour authority, makes an order fixing harbour rates.  This is published as a statutory instrument.

Tonnage rates are payable by the master or owner of the vessel.  Goods rates are chargeable to the owner of the ship.  Service rates are payable by the person to whom the work or service is provided.

Master Duties to Provide Information

When goods are to be un-shipped within the harbour limits, the master of the vessel containing the goods is within 24 hours of arrival to deliver details of the consignee of the goods, an account of the goods including a manifest,  bills of lading,  quantity, weight and if required notice to the office of the collector of rates.

Where goods are to be shipped,  before loading, the master of vessel is to deliver particulars in writing of the goods and if required to procure a permit to ship the goods. After loading of the goods and before sailing,  the master is to produce, it required, all manifests, bills of lading,  ship’s book documents relating to the goods and pay the requisite rates on them.

There are obligations in relation on persons shipping and trans-shipping goods within the limits of the harbour.  Notice of rates must be given to the collector and vouched, and any applicable rates must be paid. Harbour authorities may enter agreements in relation to the payment of rates.

Collection of Rates

The collector of rates may enter a vessel in order to ascertain the rates payable.  Goods may be measured and weighed for the purpose of clarifying rates payable. There are penalties for evading payment of rates.

Where there is default in payment of rates, various remedies are available.  In the case of tonnage rates, the vessel may be entered, and the harbourmaster may detain the vessel, tackle, apparel and furniture. Those goods may be detained until rates are paid.  There is provision for sale of goods in default in certain circumstances.

Where there is a failure of payment of goods or service rates, the collector of rates may enter vessels in which the goods concerned in respect of which rates services have been provided are, and distrain the goods or if they have been removed, other goods belong to the person in default.

There are procedures for the sale of the goods in default.  The proceeds are to be applied in payment of customs and excise duty rates, rates and freight due if the harbour authority has noticed that freight is due and unpaid.

The customs and excise or harbour rates authority may refuse to give clearance outwards to a vessel until the certificate is given by the collector of rates for the harbour stating the rates have been paid or where there is a dispute, the security for payment has been given.

A member of the harbour police may arrest persons without a warrant whom they suspect are committing offences under the legislation or for breach of byelaws.

Pilotage

The harbour companies organise pilotage and licensing of persons providing pilotage services within their district.  The company licenses pilots on application subject to criteria. A pilotage licence may be granted or suspended on stated grounds.

A harbour authority may enter a pilotage agreement with one or more persons proposing to act as licensed pilots.  It may provide for a number of licensed pilots who shall provide pilotage services concerned, carrying out of duties including collection and recovery of pilotage charged, disbursement of fees, provision for superannuation benefits.

A ship which is being navigated in an area where pilotage is compulsory shall be under the pilotage of a licensed pilot. Pilots guide ships through dangerous or congested waters.  They have in-depth knowledge of local waterways.  They are responsible for the safe navigation of vessels.  They navigate ships through the narrow passageways to ports to the point of final docking. They may join ships via helicopter or pilot boat.

Where a pilotage is mandatory, it is an offence for the master not to have a qualified pilot. The fact that the ship is being navigated in a pilotage district, even where it is compulsory, does not affect his liability for loss or damage.  There are limitations of liabilities for a pilot beyond the amount of certain bonds they must give.

Pilotage Charges

There are provisions for pilotage charges. They are recoverable under a pilotage agreement or by the harbour company.

Pilotage charges may be imposed on the owner, master of a ship or a consignee or agent who is liable to pay charges on account of the ship in the harbour on its arrival, discharge or departure.  A consignee or agent has certain rights to pay pilotage charges from sums received.

A company make byelaws with respect to pilotage.  Proposed byelaws must be notified, and there is a procedure for their adaptation.

Licences & Exemption

There are provisions for exemption from pilotage.  A person acting in charge of a ship may be granted a pilotage exception certificate if the authority is satisfied that he has the skill, experience and local knowledge to allow him to pilot the ship without a licensed pilot.

The certificate may be subject to such conditions as may be specified.  Their duration is generally more than a year.

There are provisions for revocation, renewal and non-renewal of pilots’ licenses and exemption certificates.  Certificates may be revoked on certain grounds, and there are provisions to ensure fair procedures.  Where there are grounds for any of the above, a board of inquiry may be established to conduct enquiry into the matter.  An oral hearing may be required if there is a further appeal to the Circuit Courts from a decision of the order of enquiry.

The master of a ship must provide certain information to pilots.  They must be given facilities to get on board. Pilots are subject to various obligations.