S.I. No. 429/1986:

BYE-LAWS FOR THE REGULATION OF THE HARBOUR AT GREENCASTLE, CO. DONEGAL.

BYE-LAWS FOR THE REGULATION OF THE HARBOUR AT GREENCASTLE, CO. DONEGAL.

I, TED NEALON, Minister of State at the Department of Communications, in exercise of the powers conferred on me by section 70 of the Sea Fisheries (Ireland) Act, 1846, section 1 of the Ministry of Transport Act, 1919, section 11 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), and the Communications (Delegation of Ministerial Functions) Order, 1984 ( S.I. No. 146 of 1984 ), hereby make the following Bye-Laws:--

1. These Bye-laws may be cited as the Greencastle Harbour Bye-laws, 1986.

2. These Bye-laws shall come into operation on the 1st day of January, 1987.

3. In these Bye-laws:--

"the Council" means the County Council of the County of Donegal.

"the Minister" means the Minister for Communications.

"the Harbour" means all of the area contained inside of the line joining the positions of 55° 12.2'N, 6° 58.4'W and 55° 11.95'N, 6° 59.2'W and thence in a direction 336 degrees (true) from each of these points to the adjoining Donegal Coastline.

"a Harbour Master" means a Harbour Constable appointed by the Donegal County Council to enforce these Bye-laws, settle all disputes which may arise with respect to the occupation or use of the Habour and to enforce due and proper care and preservation of the Harbour, or any person appointed by the Council to assist a Habour Master or to perform his duties during his absence;

"a Harbour Officer" means a Harbour Master or any duly authorised Officer acting on his behalf.

"a vessel" means a waterborne craft of any type whatsoever whether self-propelled or not and includes air cushion craft;

"fish" has the same meaning as in the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959);

"master" in relation to a vessel, means the person having command or charge of the vessel for the time being, but does not include a pilot;

"owner" in relation to a vessel, means the owner or charterer of such vessel and his agent and every consignee of such vessel, and, in relation to goods (as hereinafter defined), means the owner of the goods and any consignor, consignee, shipper or agent for the sale or custody of such goods;

"goods" include fish, fish boxes, livestock, minerals, wares, chattels, ballast, sand, gravel and dredging materials and merchandise of every description;

"vehicle" means every kind of vehicle and every means of conveyance on wheels, tracks or half-tracks, however propelled or drawn for carrying a person or thing;

"plant" means every vehicle, engine, truck, signal, lamp, machinery, crane, shearlegs, weighing machine, tap, valve, hydrant, valve pit, hydrant pit, capstan, buoy, dolphin, gear, machine, fire call, ladder, implement, apparatus, fitment and appliance in the Harbour.

4. The master or owner of a vessel, other than a fishing vessel, of a registered length of 29 metres or less or of a net register tonnage of 61 tonnes (169.80 cubic metres) or less, shall, immediately on arrival at the Harbour, report the arrival together with particulars as to tonnage and draft of the vessel to the Harbour Master who shall assign a berth to the vessel if such be available.

5. All vessels entering or leaving or being within the Harbour shall be in all respects under the control of the Harbour Master whose directions shall be obeyed by the master.

6. A direction or requirement by or on the authority of the Harbour Master to the master of a vessel shall not extend or diminish any responsibility of the master of the vessel in relation to the vessel or the cargo thereof.

7. A vessel approaching, entering, leaving or moving within the Harbour shall be navigated in a proper and sea-manlike manner and at no greater speed than five knots.

8. The master or owner of a vessel shall not negligently or wilfully permit the vessel to run foul of any of the quays, jetties, ferries, slips, perches, buoys, works, plant, fixtures or other property in the Harbour.

9. No person other than the Harbour Master or a person duly authorised by him shall by hailing, calling, or otherwise from piers of any part of the Harbour or from any vessel, attempt to regulate or control or alter the movement of any vessel within the Harbour.

10. A Harbour Master may direct the master or owner of a vessel to moor, unmoor, or move the vessel, and in the event of failure to obey such directions or if there be no person on board, he may arrange for the mooring, unmooring or moving of the vessel as the case may be at the owner's risk, and the cost thereof shall be charged against the master or owner of the vessel.

11. A master of a vessel, other than a fishing vessel, of a registered length of 29 metres or less or of a net register tonnage of 61 tonnes (169.80 cubic metres) or less, before removing the vessel from a berth in the Harbour, shall give notice of his intention to do so to the Harbour Master.

12. A person shall not move a vessel from one berth to another except with the prior consent of the Harbour Master.

13. A person shall not, in the Harbour --

(a) Cause a vessel to swing except at such times and in such conditions as the Harbour Master may direct.

(b) Cause a vessel to begin to swing while any other vessel near enough to foul is moving in the Harbour or

(c) Cause a vessel to case loose or move in the Harbour so as to cause damage or come into collision with any vessel in the act of swinging.

14. A vessel shall not be anchored or moored within the Harbour elsewhere than at a place designated by the Harbour Master and fishing boats engaged in fisheries and vessels discharging cargo shall at all times be entitled to preference of berths and moorings at the quay or pier, slipway or landing place and the Harbour Master may refuse to permit other craft to berth or moor within the Harbour so that such preference may be given.

15. Save with the permission of the Harbour Master, vessels shall not lie alongside any quay in the Harbour except when loading or discharging cargo or when taking on fuel, water, ice or other necessary supplies, all of which operations shall be carried out as expeditiously as possible.

16. Every vessel lying at a quay in the Harbour shall be so berthed as to lie broadside to the quay, except where the Harbour Master permits otherwise.

17. Vessels shall not be moored two or more abreast at a quay without the permission of the Harbour Master.

18. Save with the permission of the Harbour Master a vessel shall not lie at or abreast of any ferry or slip or steps in the Harbour.

19. Vessels moored or anchored in the Harbour shall exhibit suitable lights whenever required by the Harbour Master to do so.

20. While a vessel is moored at a quay in the Harbour its engine should not be run without notifying the Harbour Master or the vessels (if any) ahead, astern, or moored alongside on either side.

21. Vessels may be made fast in the Harbour only to the bollards, mooring rings or mooring buoys, provided for that purpose.

22. The mooring lines used by vessels in the Habour shall be of adequate strength.

23. A rope, chain or similar impediment shall not, except temporarily in case of emergency, be laid or run from a vessel in the Harbour across any steps, stairs or ladders leading from a quay to the water so as to obstruct the free passage up and down such steps, stairs or ladders provided that this shall not apply to steps, stairs or ladders which are completely blocked off by vessels moored alongside.

24. No person shall unlawfully cut adrift or unloose any vessel which may be made fast or moored in any part of the Harbour nor when any vessel has been moored in the Harbour with the consent of the Harbour Master shall any unauthorised person without this express permission alter or remove the same or attempt to do so.

25. The master or owner of any vessel in the Harbour shall provide his vessel with sufficient fenders or other suitable appliances for the protection of piers or of his own or another vessel. The master or owner of a vessel may not use or permit to be used in the Harbour any fender which cannot float on the surface of the water, nor after notice thereof, any fender of which the Harbour Master disapproves.

26. The master or owner of a vessel which has sunk or stranded in the Harbour shall immediately give notice of the occurrence to the Harbour Master and shall carry out his instructions as to the lighting, buoying and removal of the vessel. If the master or owner fails to obey such instructions without delay, the Harbour Master may arrange for the lighting, buoying and removal of the vessel at the owner's risk, and the cost thereof shall be charged against the master or owner of the vessel.

27. The masters, owners and crews of vessels occupying berths at a quay in the Harbour shall, if so required by the Harbour Master, give free access over the decks of their vessels for persons and goods to and from other vessels berthed alongside them.

28. The master of a vessel shall cause all gangways and stages used for the purpose of access to the vessel to be placed in a safe position, duly protected and securely fastened, and to be so maintained at all times when in use, and to be adequately illuminated when necessary.

29. A person shall not lay moorings in the Harbour without the written permission of the Harbour Master and shall take up any moorings laid when the same shall cease to be used regularly and when instructed to do so by the Harbour Master.

30. No timber, trees, wood spars, shell fish storage boxes or pots or other articles or things whatsoever (other than vessels) shall be moored to buoys or placed in any part of the Harbour without the permission of the Harbour Master.

31. The master of a vessel shall, upon casting anchor in the Harbour cause a buoy to be fastened forthwith to the anchor in such a manner that it may be plainly seen where the anchor has been cast.

32. The master of a vessel may not leave any anchor that may have been dropped or slipped from the vessel in the Harbour without a buoy to mark its position and such anchor shall be removed without delay.

33. The owner of a raft, anchor, buoy or other thing lying in the waterway of the Harbour shall upon being so required by the Harbour Master, cause the same to be removed immediately from where it is to such other place as the Harbour Master may direct.

34. The Harbour Master shall, in respect of any article or thing he deems to be an obstruction in the Harbour, including a vessel laid up as unfit for sea service or a wrecked or derelict vessel, require the owner or former owner, as the case may be, to remove and dispose of the obstruction to the satisfaction of the Harbour Master and in the event of the owner or former owner failing to do so within a reasonable time, the Harbour Master may, at the owner's risk, arrange for its removal and disposal as he considers fit including the sale of it or of any part of it. The proceeds of this sale shall be applied to defraying the cost of removal and disposal and any balance remaining shall be paid to the owner or former owner as the case may be. If the proceeds of the sale are insufficient to meet the cost of removal and disposal, the balance outstanding shall be recovered from the owner or former owners as the case may be.

35. When the Harbour Master deems it inadvisable to offer an article, to which the immediately preceding Bye-law applies, for sale or if it cannot be sold, he shall arrange for its destruction and the expense incurred thereby shall be paid by the owner or former owner as the case may be.

36. Without prejudice to the powers of the Chief Medical Officer of a Health Authority established under the Health Act, 1970 (No. 1 of 1970), acting under the provisions of the Infectious Diseases Regulations, 1948 ( S.I. No. 99 of 1948 ), or the Infectious Diseases (Shipping) Regulations, 1948 ( S.I. No. 170 of 1948 ), Infectious Diseases Regulations, 1981 and International Health Regulations (1969), as amended, a master of a vessel shall not permit the vessel to be fumigated in the Harbour for any purpose without the permission in writing of the Harbour Master, and such operations shall be at the risk of the owner of the vessel.

37. The Harbour Officers may at any time board a vessel within the Harbour and inspect it or any part of it, in the execution of their duty.

38. The master or owner of a vessel, other than a fishing vessel, of a registered length of 29 metres or less or of a net register tonnage of 61 tonnes (169.80 cubic metres) or less, about to unload at the Harbour shall, as soon as possible, and in any event not more than twenty-four hours after arrival, give particulars to the Harbour Master of the cargo consigned and all other information as to the goods to be unloaded as the Harbour Master may request, and shall produce to the Harbour Master a copy of any manifest, bill of lading or charter party, and if called for, the register of the vessel.

39. The master of a vessel loading or discharging goods at a quay in the Harbour shall place the vessel and load or discharge the goods so as not to obstruct other vessels being loaded, discharged, moored or navigated.

40. The master or owner of a vessel engaged in loading or discharging goods shall cease loading or discharging if so directed by the Harbour Master.

41. The Harbour Master may require the master of a vessel in the Harbour to load or discharge the cargo within a specified period whenever in his opinion an unreasonable delay occurs in loading or discharging the cargo of the vessel. If the master of the vessel refuses or fails to comply with such a request the Harbour Master may carry out the requirement at the owner's risk and do all things necessary for and incidental to that purpose and the expenses so incurred shall be paid by the master of the vessel.

42. The master of a vessel loading or discharging goods in the Harbour shall ensure that at all times good and sufficient light is maintained over each hold of the vessel so as to enable the work of loading or discharging to be performed safety.

43. The hatches or other openings on the deck of a vessel lying at a quay in the Harbour shall be kept closed unless otherwise permitted by the Harbour Master except while work of loading or unloading is proceeding. Notwithstanding anything in this Bye-law, the hatches of all coal laden vessels shall be kept open whilst in the Harbour.

44. Where the hatches or other openings of a vessel which is not being loaded or unloaded in the Harbour are left uncovered by permission of the Harbour Master they shall be fenced to a height of 91 cms (3ft) if the coamings are less than 76 cms (2.5 ft). They shall be posted in a conspicuous place.

45. Goods placed on or in or removed from any quay or shed in the Harbour shall be dealt with or handled subject to the direction of a Harbour Officer and shall be moved to such places and in such manner as he shall direct and shall be placed or stowed in such stacks as he may direct and all persons dealing with or handling goods in the Harbour shall be subject to the instructions of the Harbour Master or other Harbour Officer.

46. The master of a vessel having on board any quantity in excess of the vessel's standard equipment or normal requirements of goods of an explosive, inflammable, or otherwise dangerous nature shall not berth nearer than 30.5 metres from any other vessel and shall immediately on arrival at the Harbour, give notice thereof to the Harbour Master who may arrange for the removal of such goods.

47. The use of matches or mechanical lighters or naked lights or any kind or the smoking of tobacco or any other herb within 30.5 metres of inflammable goods and/or in or within 30.5 metres of vessels loading or discharging inflammable goods in the Harbour is prohibited.

48. When two or more vessels desire to use at the same time any quay, landing place, slipway or any part thereof the Harbour Master shall fix the term and position of each vessel and the masters thereof shall abide by the Harbour Master's decision.

49. The fire fighting equipment on vessels loading or discharging inflammable goods in the Harbour shall be kept in a state of readiness during such operations.

50. Goods or containers including fish boxes and fish barrels shall not be permitted to remain in any auction hall or on any quay or wharf in the Harbour for more than six hours in any period of twenty-four hours without the permission of the Harbour Master. Goods or containers, including fish boxes and fish barrels which, without such permission, remain in any auction hall or on any quay or wharf in the Harbour for a longer period than that aforesaid may be removed by the Harbour Master and stored elsewhere. The owners of such goods or containers shall be liable for the cost of this removal.

51. The Council or any Harbour Officer shall not be liable for loss of or damage to any goods or containers whilst in the Harbour.

52. Goods intended for shipment (through the Harbour) shall not be placed on the quays in the Harbour without the prior permission of the Harbour Master.

53. Goods intended for shipment (through the Harbour) shall be placed at such places on the quays in the Harbour as the Harbour Master directs.

54. Goods or containers shall not be stored in the Harbour elsewhere than on the premises of lessees or tenants of property within the Harbour, or in areas specifically designated for storage purposes, or as otherwise provided for in these Bye-laws.

55. The Harbour Master may direct the movement of road traffic in the Harbour.

56. A vehicle engaged in transporting goods or containers to or from a vessel may remain alongside the edge of a quay in the Harbour only for as long as it is necessary to load or unload the vehicle, which operation shall be carried out as expeditiously as possible.

57. Goods or containers shall be transported within the Harbour only in suitable vehicles. Vehicles shall be so handled at all times as to avoid damage to quay or road surfaces in the Harbour or to any harbour installations or plant.

58. Vehicles and containers shall not be used within the Harbour unless they are suitable for the purpose and shall be maintained at all times in a good state of repair and in a clean and hygienic condition by their owners.

59. The Harbour Master, whose decision shall be final, shall have power to determine, when necessary, if any particular vehicle or container is unsuitable for the purpose of these Bye-laws.

60. The Council may cause to be designated in any suitable manner, places at which and periods of time during which, vehicles may park or boats may moor in the Harbour. Vehicles or boats which are at or in a place in the Harbour other than a place designated or for periods of time in excess of those laid down under this Bye-law may be removed by the Harbour Master to another place within the Harbour. The owners of such vehicles or boats shall be liable for the cost of their removal and storage.

61. Vehicles other than those used for transporting goods or containers to or from a vessel shall not wait on any quay in the Harbour.

62. Containers, cargo pallets, cargo trays or fish boxes shall not be cleaned or repaired in the Harbour except on the premises of the owners of such containers or at places specifically designated for those purposes by the Harbour Master.

63. The owners thereof shall ensure that fishing nets, warps and fishing gear of any kind do not remain on any quay or wharf in the Harbour for more than six hours in any period of twenty-four hours. Fishing nets, warps or gear which remain on any quay or wharf in the Harbour for a longer period than that specified in this Bye-law may be removed by the Harbour Master and stored elsewhere. The owners of such nets, warps or gear shall be liable for the cost of their removal and storage.

64. The Council or Harbour Master or any Harbour Officer shall not be liable for any loss of or damage to goods or containers or to vehicles or boats or to fishing nets, warps or gear removed and stored in accordance with Bye-Laws 54, 64 and 67 of these Bye-laws.

65. Fishing nets or gear shall not be repaired or mounted on any quay or wharf in the Harbour except in an area specially allocated for the purpose.

66. No person shall in any way interfere with goods or containers or vehicles or with any lights or machinery or equipment or plant in the Harbour.

67. Save with the consent of the Council no substance other than surface water shall be thrown or discharged or suffered to fall into or enter the sea within the Harbour. For the purpose of this Bye-law "substances" includes polluting matter, sewerage effluent and trade effluent within the meaning in each case of the Local Government (Water Pollution) Act, 1977 and also includes bilge water.

68. A person shall not play games or carry on any other activity not appropriate to the Harbour. The decision of the Harbour Master of the Harbour as to what is not an appropriate game or activity shall be final.

69. No person shall enter or remain in the Harbour area unless he has lawful business therein, or has received permission from the Harbour Master to do so, and every person entering or who shall have entered the Harbour, shall, whenever requested so to do by the Harbour Master or any duly authorised Harbour Officer, inform him of the business or matter (if any) in respect of which such person claims to be entitled to be in the Harbour.

70. Any person acting or remaining contrary to Bye-law 74 of these Bye-laws shall desist from so doing and shall depart from such place upon his being requested to do so by the Harbour Master or by any Harbour Officer and if such person unlawfully refuses to comply with such request, then without relieving him of any penalty incurred under this or any other Bye-law of these Bye-laws, he may be removed from such place by the Harbour Master or any member of the Garda Síochána called in aid by the Harbour Master.

71. No person may loiter within the Harbour.

72. No person shall commit a nuisance in the Harbour.

73. No person shall obstruct a Harbour Officer in the execution of his duties.

74. Idle or disorderly persons may be removed from the Harbour by or at the request of the Harbour Master.

75. Small boats, including pleasure boats, shall not moor under jetties or wharves and shall keep clear of the approaches to the piers in the Harbour, and owners of such boats shall not anchor or put down moorings except with the permission of and at places designated by the Harbour Master.

76. A person within the Harbour who is suspected of having broken any of these Bye-Laws shall, upon being requested by a Harbour Officer to do so, give to the Officer his name and address.

77. Trading of any kind may not be carried on within the Harbour save with the permission of the Harbour Master, in or at a place designated therefor by the Harbour Master and during such times as the Harbour Master may appoint.

78. No person shall wilfully damage or deface any of the property of the Harbour.

79. Whenever a master of a vessel or the owner, having charge or control of a raft at or within the Harbour is not at hand on board, any notice required or authorised by these Bye-laws to be served on or given to him, may be served or given by affixing it to a mast or some other conspicuous part of such vessel or raft, and if any person is on board, calling his attention thereto.

80. The Harbour Master may detain a vessel in the Harbour until he is satisfied that all monies due in respect of the vessel and the cargo have been paid or sufficient security has been given for the purpose.

GIVEN under my hand, this 9th day of December, 1986.

TED NEALON,

Minister of State at the

Department of Communications.

EXPLANATORY NOTE.

The effect of this Instrument is to make new bye-laws for the regulation of the harbour at Greencastle, Co. Donegal.