My Department is the regulatory and development authority for the maritime transport sector as well as the governing authority for the State's commercial ports. Sixteen harbour authorities operate under the Harbours Acts, 1946 to 1996, and eight port companies operate under the Harbours Acts, 1996 to 2000. There are different provisions in the governing legislation in respect of property matters. Under the Harbours Act, 1946, a harbour authority may lease any of their lands or premises for any period not exceeding two hundred years, but no such lease shall be made for a period exceeding ten years without the consent of the Minister. In addition a harbour authority may, with the consent of the Minister, sell any of their lands or premises which are not required by them for the purposes of their harbour.
It is Government policy that in the sale of State lands by harbour authorities, the guidelines set out in the booklet Public Procurement – 1994 Edition, designed to achieve best obtainable price in an open and equitable process, are observed. Where it is not proposed to dispose of State assets by public tender or auction, or where a public tender or auction process is used and it is proposed not to accept the highest bid, clear reasons for this departure from standard practice must be submitted when seeking ministerial consent.
The disposal of State properties by port companies is governed by section 15 of the Harbours Act, 1996, which makes provisions with respect to sale, leasing and acquisition of land. It provides that the decision by a company to dispose of any of its land shall only be made by the directors of the company and that the consideration for which any land is sold shall, in so far as is practicable, not be less than its open market value.