S.I. No. 328/1991:

HARBOUR RATES (CORK PORT AND HARBOUR) ORDER, 1991

HARBOUR RATES (CORK PORT AND HARBOUR) ORDER, 1991

I, JOHN P. WILSON, Tánaiste and Minister for the Marine, in exercise of the powers conferred on me by section 104 of the Harbours Act, 1946 (No. 9 of 1946), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), and after due compliance with section 106 of that Act, hereby order as follows:

1. (1) This Order may be cited as the Harbour Rates (Cork Port and Harbour) Order, 1991.

(2) This Order shall come into operation on the 1st day of January, 1992.

2. The Harbour Rates (Cork Port and Harbour) Order, 1970 ( S.I. No. 192 of 1970 ), is hereby amended by the substitution for the Schedule thereto (inserted by the Harbour Rates (Cork Port and Harbour) Order, 1990 ( S.I. No. 311 of 1990 )), of the following Schedule:

"SCHEDULE

PART I

MAXIMUM GOODS RATES

All Rates are per Metric Tonne except where specified

N.E.S. -- Not elsewhere specified.

PART II

PART III

Optional rates payable in respect of entry into the Port of any passenger car ferry and in respect of any passenger, car, tourist caravan, tourist trailer, tourist motor cycle or tourist bicycle:

For each entry of a passenger car ferry, £337.00.

For each adult passenger, 95p.

For each child passenger (aged 14 years and under), 49p.

For each infant passenger (aged 3 years and under), Nil.

For each car (tourist or trade), 400p.

For each tourist caravan, 640p.

For each tourist trailer, 268p.

For each tourist motor cycle or bicycle, 80p.

All other goods rates, as per Schedule.

PART IV

1. In the case of any vessel 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 the net tonnage, or less than fifty per cent of the gross tonnage of such vessel.

2. Where a ship (hereinafter referred to as the "mother vessel") constructed to carry lighters or other vessels (hereinafter referred to as "lighters") containing cargo enters the Port and ships, trans-ships or unships any lighters and their cargo and does not ship, trans-ship or unship any other cargo, the mother vessel shall be liable in respect of such entry to tonnage rates under reference number 3 in Part II of this Schedule, and such lighters as are unshipped or trans-shipped shall be liable in respect of such entry to tonnage rates under reference number 1 or reference number 2 (as the case may be) in Part II of this Schedule.

3. For the purpose of charging tonnage rates, a composite vessel or barge train consisting of a power unit and separable parts, shall be rated as follows:--

( a ) in case all the individual parts have gross and net register tonnages, the sum of all the individual net register tonnages or half the sum of all the gross tonnages (whichever is the greater) shall be taken as being the net register tonnage of the whole composite vessel or barge train;

( b ) in any other case, the composite vessel or barge train shall be rated as if it were an ordinary vessel of the same overall dimensions as the composite vessel or barge train.

4. Where the tonnage rate specified at reference number 3 in Part II of this Schedule is chargeable in respect of a ship, the ship shall not become liable to be charged any other tonnage rate specified in that Schedule by reason only of its engaging in any of the following activities:--

( a ) taking on board, or landing a licensed pilot belonging to another port; or

( b ) landing any sick or injured person or persons or the remains of any deceased person or persons; or

( c ) landing a stowaway or stowaways.

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

6. The rates payable for the entry of any passenger car ferry into the Port and the rates payable in respect of a passenger, a car, a tourist caravan, a tourist trailer, a tourist motor cycle or a tourist bicycle shipped, trans-shipped or unshipped on such passenger car ferry shall, in lieu of the rates, if any, chargeable elsewhere in this Schedule, be the rates set out in Part III of this Schedule where:--

( a ) the passenger car ferry operates between the Port and any port outside the State, and

( b ) the owner or master elects (before or within six months of the arrival of the said passenger car ferry) to pay the rate set out in the said Part III instead of the rate chargeable elsewhere in the Schedule.

7. The rates payable for goods vehicles laden or partly laden (whether goods are carried in a container or otherwise) shall be calculated as follows:--

( a ) in the case of a goods trailer, the rate payable shall be the appropriate rate payable for a laden or partly laden container of the same length as the goods trailer.

( b ) in the case of a goods motor vehicle (including an articulated vehicle), the rate payable shall be the appropriate rate payable for a laden or partly laden container the length of which is 3.05m less than that of the goods motor vehicle.

8. Plying Rates chargeable under Reference 8 of Part II:

Separate commercial arrangements can be made for special situations in respect of vessels plying in the Harbour.

PART V

OTHER MAXIMUM RATES

Service and Plant

STORAGE CHARGES

GENERAL PROVISIONS

3. The Harbour Rates (Cork Port and Harbour) Order, 1990 ( S.I. No. 311 of 1990 ) is hereby revoked.

GIVEN under my Official Seal, this 5th day of December, 1991.

JOHN P. WILSON,

Tánaiste and Minister for the Marine.

EXPLANATORY NOTE.

This Order authorises Cork Harbour Commissioners to charge goods, tonnage, service and plant rates at Cork harbour.