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HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 7

Right of objection to ship, passenger and goods dues.

7.(1) Subject to subsections (10) and (11), subsections (3) to (6) shall have
effect where written objection to a charge to which this subsection applies
imposed by a harbour authority at a harbour which it is improving, maintaining
or managing, is lodged with the Ministry by

(a)a person appearing to it to have a substantial interest; or

(b)a body representative of persons so appearing;

(i)that the charge ought not to be imposed at all;

(ii)that the charge ought to be imposed at a rate lower than that at which it
is imposed;

(iii)that ships, passengers or goods of a specified class ought to be excluded
from the charge either generally or in specified circumstances;

(iv)that the charge ought to be imposed, either generally or in specified
circumstances on ships, passengers or goods of a specified class at a rate
lower than that at which it is imposed on others.

(2) The charges to which subsection (1) applies are ship, passenger and goods
dues.

(3) The Ministry shall, forthwith after the objection is lodged, send a copy
thereof to the authority and shall give notice to the objector that, as a
condition precedent to the taking by the Ministry of further steps in the
matter of the objection, he must publish in specified newspapers a notice
(which, if a form therefor is specified, must be in that form)

(a)stating that he has lodged with it an objection to the charge (and
specifying the ground or grounds on which it is expressed to be made); and

(b)stating that any of the following who desires to make to the Ministry
representations in the matter, that is to say, a person having a substantial
interest and a body representative of persons who have such an interest,
should do so in writing within the time specified in the notice (which must
not be less than forty-two days from the publication or first publication
thereof).

(4) Where the proper notice concerning the objection has been duly published,
then so soon as practicable after the expiration of the time therein specified
(but subject to subsection (5)), the Ministry shall, unless the objection has
been withdrawn before the expiration of that time and no written
representations in the matter have been made to it by any such person or body
as is mentioned in subsection (3)(b) before the expiration of that time,
proceed to consideration of the charge and any representations made and,
unless it is satisfied that it can properly proceed to a decision in the
matter without causing an inquiry to be held with respect to it, shall cause
an inquiry to be so held.

(5) Where written representations are made as mentioned in subsection (4),
the Ministry shall send copies thereof to the authority and (except where the
objection has been withdrawn) to the objector, and shall not proceed to
consideration of the charge until such period for consideration of, and
comment upon, the representations by the authority and by the objector (if the
objection has not been withdrawn) as the Ministry thinks reasonable has
elapsed.

(6) The Ministry, after effect has been given to subection (4), shall either

(a)approve the charge but set a limit (not being later than the expiration of
twelve months from the date on which the Ministry approves it) to the period
during which the approval is to be of effect, and give to the authority
written notice that the Ministry has approved it, stating the limit set; or

(b)give to the authority such direction with respect to the charge as would
meet objection thereto made on any of the grounds specified in subsection (2)
above (whether that is or is not the ground, or is or is not included amongst
the grounds, on which the objection whose lodging gives rise to the
proceedings is expressed to be made).

(7) A direction given under subsection (6) to an authority must be in writing
and must specify a date for its coming into operation and the period from that
date (which shall not exceed twelve months) during which it is to have effect,
and the authority shall comply with it.

(8) If a harbour authority fails to comply with an obligation to which it is
subject by virtue of subsection (7), it shall be guilty of an offence and
shall be liable, on summary conviction, to a fine not exceeding #100.

(9) Forthwith after complying on any occasion with subsection (6),
the Ministry shall publish, in the newspapers in which was published notice of
the lodging of the objection the lodging whereof gave rise to the proceedings
that resulted in the compliance on that occasion, the notice or direction
given by it to the harbour authority concerned.

(10) Where, by virtue of this section, a charge imposed at a harbour is
approved, subsections (3) to (6) shall not have effect by virtue of the
lodging of a further objection thereto during the period during which the
approval is of effect; and where, by virtue of this section, a direction is
given with respect to a charge so imposed, those subsections shall not have
effect by virtue of the lodging of a further objection to that charge during
the period during which the direction has effect or of the lodging, during
that period, of an objection to a charge that has come into existence by
virtue of the direction.

(11) Where effect to subsections (3) to (5) is in course of being given in
consequence of the lodging with the Ministry of an objection to a charge and a
further objection to that charge is lodged with the Ministry, subsections (3)
to (6) shall not have effect by virtue of the lodging of that further
objection.

© 1970 Crown Copyright

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