S.I. No. 90/1998:

MERCHANT SHIPPING (LIGHT DUES) ORDER, 1998.

MERCHANT SHIPPING (LIGHT DUES) ORDER, 1998.

I, MICHAEL WOODS, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 2 of the Merchant Shipping (Light Dues) Act, 1983 (No. 18 of 1983), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), as adapted by the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ), hereby order as follows:

1. This Order may be cited as the Merchant Shipping (Light Dues) Order, 1998.

2. In this Order "the Second Schedule" means the Second Schedule to the Act of 1898.

3. (1) Part II of the Second Schedule (inserted by the Merchant Shipping (Light Dues) Order, 1997 ( S.I. No. 138 of 1997 )) is hereby amended by the insertion in paragraph 5 of the following subparagraphs:

"(dd) 'harbour authority' means--

(i) in the case of a harbour to which the Harbours Act, 1946 (No. 9 of 1946) applies, a harbour authority within the meaning of that Act,

(ii) in the case of a harbour under the management or control of a company established pursuant to section 7 of the Harbours Act, 1996 (No. 11 of 1996), such a company,

(iii) in the case of a fishery harbour centre to which the Fishery Harbour Centres Act, 1968 , applies, the Minister for the Marine and Natural Resources,

(iv) in the case of a harbour under the control of a local authority, the local authority concerned,

(v) in the case of a harbour under the management of Iarnród Éireann -- Irish Rail, Iarnród Éireann -- Irish Rail, or

(vi) in the case of a harbour under the management or control of any other person carrying on a trade consisting in whole or in part in the provision in the harbour concerned of such facilities and accommodation for vessels, goods and passengers as are ordinarily provided by a harbour authority (to which subparagraphs (i), (ii), (iii), (iv) or (v) apply) in a harbour in whole or in part under its management or control, that person;

(ddd) 'statutory authority' means a body established by statute or pursuant to a requirement in or in exercise of a power conferred by statute.".

(2) Part III of the Second Schedule is hereby amended by the substitution of the following paragraph for paragraph (II):

"(II) Vessels engaged solely in harbour maintenance, dredging, building or maintenance of sea defences or land reclamation on behalf of a statutory authority or harbour authority".

GIVEN under my Official Seal, this 1st day of April, 1998.

MICHAEL WOODS,

Minister for the Marine and Natural Resources.

EXPLANATORY NOTE.

This Order amends the Merchant Shipping (Light Dues) Order, 1997 to provide that vessels engaged solely in harbour maintenance or dredging, on behalf of a statutory authority or harbour authority, are exempt from paying light dues. It also amends the Order to provide definitions of a harbour authority and a statutory authority.