S.I. No. 445/1981 - Harbour Rates (Dublin Harbour) (No. 2) Order, 1981.

I, PATRICK COONEY, Minister for Transport, in exercise of the powers conferred on me by section 104 of the Harbours Act, 1946 (No. 9 of 1946), the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 11 of 1980 ), and after due compliance with section 106 of the said Act, hereby order as follows:

1. (1) This Order may be cited as the Harbour Rates (Dublin Harbour) (No. 2) Order, 1981.

(2) This Order shall come into operation on the 1st day of January, 1982.

2. In this Order “the Board” means the Dublin Port and Docks Board.

3. The provisions set out in Part I of the Schedule to this Order shall apply in relation to the rates chargeable under paragraph 6 of this Order.

4. The provisions set out in Part II of the Schedule to this Order shall apply in relation to the rates chargeable under paragraph 6 of this Order in so far as those rates refer to general goods.

5. The provisions set out in Part III of the Schedule to this Order shall apply in relation to the rates chargeable under paragraph 6 of this Order in so far as those rates apply to wine and spirits.

6. The rates set out in Part IV of the Schedule to this Order are hereby fixed as the maximum rates chargeable by the Board in respect of services rendered by them at their warehouses.

7. The Harbour Rates (Dublin Harbour) Order, 1981 ( S.I. No. 79 of 1981 ), is hereby revoked.

SCHEDULE

“PART I

GENERAL PROVISIONS

Rates based on weight may be converted to measurement rates.

1. Rates which are fixed by reference to weight shall be chargeable, at the option of the Board, either on the gross weight of 1,000 kgs, to the tonne, or on a measurement tonne of 2 cubic metres.

Unit or package rates.

2. For convenience in accounting, the Board may convert tonnage rates to unit or package rates, and in such conversions may disregard a fraction of a penny or regard it as a penny as seems fit.

Size and type of packages.

3. Rates which are chargeable by reference to type of package refer to the size and type of package customary at the commencement of this Order.

Average rates.

4. In the case of goods which are warehoused in diverse sizes or weights the Board may base the charges on average figures or on averages within certain ranges of size or weight.

Rent chargeable according to space.

5. In lieu of a rent based on tonnage or units the Board may charge rent according to the space occupied or held available for particular goods or for the use or purposes of any person or firm at rates not exceeding the following:

in warehouse—53.75p per square metre per week

in open yard—32.45p per square metre per week.

Rental periods.

6. (a) The period by which rent shall be chargeable shall be a week or a month as indicated in this Schedule: provided that other rental periods may be fixed by the Board for particular classes of goods or in particular circumstances.

(b) Where rates per week or per month are shown in this Schedule for any commodity the rent fixed by the Board for another period in respect of that commodity shall not exceed the rent which would be chargeable in accordance with the Schedule.

The rate for the full rental period to apply to any fractional part thereof.

7. (a) Where goods are removed from a warehouse otherwise than at the end of a week, month or other rental period fixed for these goods. the full rent shall be chargeable in respect of any fractional part of that rental period.

(b) Rent in respect of the space occupied by or held available for the full quantity of goods in any period shall be chargeable for the period from the first day on which any part of the consignment is received into warehouse.

Minimum charges.

8. (a) Where small lots have to be warehoused and accounted for individually, the Board may fix minimum charges in respect of each lot, not exceeding the following:

(b) In the absence of special circumstances the minimum rates shall not be applied where average rates are charged or where occasional variations occur in traffic handled at the standard rates.

Increased rates on general goods on special circumstances.

9. The Board may increase a rate chargeable in respect of general goods by an amount or amounts up to a total of 100 per cent above that rate for the handling or storing of:—

(a) goods under bond.

(b) packages or units weighing more than 1,500 kilos each or exceeding 1.2 metres in any dimension,

(c) goods which cannot be piled or tiered beyond a limited height without the use of racking or other equipment,

(d) goods for which special accommodation or special conditions of temperature or humidity are provided,

(e) goods which for any special reason have to be set out or stored so that more space is occupied than would otherwise be required,

(f) goods which in the opinion of the Board are—

(i) hazardous, inflammable, objectionable or fragile,

(ii) in a dirty or mouldy condition or infested by insects,

(iii) insufficiently protected by packing or in frail or leaking packages or containers,

(iv) of a kind for which special cleaning, treatment or fumigation of warehouses is necessary before, during or after storage,

(v) of a kind which, because of their nature or condition, require to be stored apart from other goods,

(vi) inadequately or indistinctly marked,

(g) goods of a value of more than £200 per tonne or of a kind which in the opinion of the Board require an exceptional degree of care,

(h) goods which have to be unloaded from or loaded into cargo containers.

Cost to include overheads.

10. For the purpose of paragraphs 11 to 14 of this Part “cost” shall include the direct cost, including cost of labour, materials and supervision provided by the Board for the service supplied, together with a reasonable addition for overheads and any special circumstances which may be involved.

Sundry services.

11. Where the Board undertakes Customs clearance, cartage, forwarding and agency, furnishing stock lists or movement records, transferring, giving bond, landing or shipping, coopering or such other sundry services as are ordinarily undertaken by warehousekeepers, it may charge therefor at the rates current at the Port of Dublin for such services, and in the absence of such current rates the Board may charge the cost to the Board of providing such services.

Goods warehoused without prior notice.

12. Where goods are brought to warehouse without prior notice and have to be dropped and subsequently restowed, the cost to the Board of such restowing shall be chargeable in addition to the housing rates.

Exceptional goods.

13. Housing and unhousing of goods of exceptional size or weight or of a kind which cannot safely be handled with normal warehouse equipment shall be chargeable at cost.

Overtime.

14. The Board may make such additional charges as are necessary to meet the extra cost to the Board of work required to be done or attendance provided outside the hours during which the warehouses are normally open for business or on any Saturday, Sunday, Public Holiday or Good Friday.

Units of one tonne.

15. Rates for housing, unhousing and rent set out in this Schedule are in respect of units of one tonne save where otherwise stated.

PART II

SPECIAL PROVISIONS RELATING TO GENERAL GOODS

Special provisions subject to general provisions.

1. The following provisions in relation to the rates for general goods shall be subject to the general provisions in Part I of this Schedule.

Rates fixed by arrangement.

2. Where “by arrangement” is used in relation to any commodity mentioned in this Schedule the rates fixed in relation to that commodity shall be in reasonable conformity with the general standard of rates in the Schedule.

Housing.

3. The rates set out in this Schedule for housing shall cover the operations of receiving from carrier, stowing (without sorting) and furnishing returns in customary form, and increased rates for housing shall be chargeable for packages or units of small size in accordance with the following scale:—

40 to 80 Units per tonne, 25% increase,

81 to 160 Units per tonne, 50% increase,

Over 160 Units per tonne, 100% increase.

Unhousing.

4. The rates set out in this Schedule for unhousing shall cover the operations of tendering to carrier at pile or in warehouse, without selection of marks, numbers, weights or sizes or as to condition or quality.

Goods not otherwise rated.

5. Where no specific rates are fixed for goods of a particular type, the Board may charge in respect thereof rates equal to the rates set out in this Schedule in respect of goods which are in the opinion of the Board of a similar nature, package and quality, and if no such rates are ascertainable, at the following rates:—

PART III

SPECIAL PROVISIONS RELATING TO RATES FOR WINES AND SPIRITS

Cask sizes.

1. (a) Casks or Drums shall be charged for on the full content on the following scale:—

Quarter cask — not exceeding 150 litres

Barrel — not exceeding 150-195 litres

Hogshead — not exceeding 195-300 litres

Pipe, Butt

Puncheon — not exceeding 300-573 litres

(b) Casks, vats or tanks of more than 573 litres capacity to be subject to special arrangements.

Cases and cartons.

2. The rates shall apply to packages of 1-dozen bottles or 2-dozen half-bottles with a liquid content of approximately 9 litres, and packages of substantially greater size shall be charged proportionately higher rates.

Housing.

3. The housing rate shall include receiving, presenting to Customs, stowing to rotation and number, furnishing Customs particulars and rent to the end of the month during which a consignment (or part thereof) is received.

Unhousing.

4. The unhousing rate includes breaking out, presenting to Customs for dipping or examination and tendering to carrier.

Coopering.

5. Coopering attendance at warehouse is not charged for but a charge will be made for any work done or materials supplied to make casks safe for storage or delivery.

PART IV

WAREHOUSING RATES

TEA

1. RECEIVING RATE

Attendance at discharge (if arranged in advance), cartage from ship to warehouse, Customs clearance, weighing gross, marking weights, sampling for Customs, sorting to breaks, furnishing returns of weights and of damage, breaking out to merchants orders and unhousing, but excluding—

(a) overtime arranged or required to receive from ship teas discharged during ship's overtime, or to receive teas from transit shed outside ordinary warehouse hours.

(b) Customs charges for cart following,

(c) sorting, classifying and making good import damage,

(d) passing entry for or collection of small lots of tea overcarried by importing vessels,

(e) overtime worked to meet requirements of importer,

(f) cartage at delivery,

(g) extra coopering beyond that required to make fit for town delivery—

27p per 10 kilogrammes gross on advised weights.

2. TRANSIT RATE for teas landed at Dublin for immediate delivery to other points, attendance at discharge, cartage from ship to warehouse, sorting to merchants' lots, presenting to Customs and Customs sampling, furnishing returns of damage and unhousing—

69p per package.

If sorting and delivery to breaks is required—

88p per package.

3. HOUSING AND UNHOUSING

UNMANUFACTURED TOBACCO STORED UNDER BOND

MANUFACTURED TOBACCO, CIGARS, CIGARETTES—Stored under Bond

WINES & SPIRITS

”

EXPLANTORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order authorises increases in rates for warehousing services provided by the Dublin Port and Docks Board at the port of Dublin.