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[F.A.Q.]
Kiribati Consolidated Legislation |
[This Act continued in force under the 1980 Revised Edition]
LAWS
OF THE GILBERT
ISLANDS
REVISED
EDITION 1977
CHAPTER 40
HARBOURS
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY
1. Short
title
2. Interpretation
PART II
HARBOURS
3. Minister may declare
harbours
4. Minister to define limits
of harbours
PART III
HARBOUR MASTERS AND PORT OFFICERS
5. Minister to appoint
harbour masters and port officers
6.
Minister may also appoint harbour master for particular
occasions
7. Harbour master to fly
flag when on duty
8. Powers of harbour
master
9. Masters to comply with harbour master's directions. Penalty for non-compliance
10.
Powers of harbour master to move
vessels
11. Penalty for hindering
harbour master
12. Harbour master may
order masts to be struck
PART IV
PILOTS
13. Signals as prescribed
to be made for pilot
14. Harbour master or pilot not to be taken to sea except under unavoidable necessity
15.
Licensing of pilots
16. Employment of
pilots not compulsory
17. Fee for
licence
18. No civil action to lie
against pilot, harbour master or
Government
19. Power to cancel pilot's
licence
20. Pilotage how
recoverable
21. Pilot shall not demand
or accept either more or less than authorised
PART V
EXPLOSIVES
22. As to vessels carrying
explosives or other dangerous
materials
23. Use of explosives and
firearms prohibited
PART VI
WRECKS, OBSTRUCTIONS, MOORINGS
24. Obstructions to be
removed
25. No person other than owner
may destroy wreck without
permission
26. Harbour master's
permission required to lay down buoy or
mooring
27. Removal of ballast
forbidden without permission
PART VII
ERECTION OF WHARVES, SLIPS, ETC.
28. Minister may license
occupation of foreshore for certain purposes. Fees which may be charged by
licensee
29. Licensed part of
foreshore to be lighted
PART VIII
ANCHORAGES
30. Prohibited
anchorage
31. Minister may set apart
portion of harbour for particular purposes
PART IX
HARBOUR MASTER'S POWERS OF ENTRY
32. Powers of entry of
harbour master in connection with lights
PART X
LIGHTS AND LIGHT DUES
33. Screening of lights
34. Light dues
PART XI
GOVERNMENT WHARVES AND WHARFAGE DUES
35. Government wharves and
purlieus
36. Vessels to obtain
permission to berth at Government
wharf
37. Wharfage dues to be
prescribed on vessels
38. Vessel may
be detained for dues
39. Wharfage dues
on goods to be prescribed
40.
Exemption by Minister
PART XII
HARBOUR DUES AND PORT CHARGES
41. Harbour dues may be
prescribed
42. Port charges may be
prescribed
43. Goods may be sold if
dues unpaid
PART XIII
OFFENCES
44. Offences relating to
harbours
45. Wilfully destroying
moorings
46. Injury or destruction of
lights, etc., outside harbours
47.
Wilful damage to harbour works
48.
Discharging sewage without permission an
offence
49. Offering bribes to
officers
50. Licence to erect wharf
required
51. Penalty where none
specially provided
PART XIV
MISCELLANEOUS
52. Civil
procedure
53. Regulations
---------------------------------------
5
of 1957
8 of
1968
8 of
1971
3 of 1972 (Cap. 88 of
1973)
14 of 1974
An Ordinance relating to pilots, harbours and shipping therein
Commencement: 5th June 1957
PART I
PRELIMINARY
Short
title
1.
This Ordinance may be cited as the Harbours
Ordinance.
Interpretation
2.
In this Ordinance, unless the context otherwise requires-
"ballast" includes any material or thing used for the ballasting of ships;
"boat" means every description of vessel propelled by oars only;
"buoys" and "beacons" include all marks and signs in aid of navigation;
"goods" means all kinds of movable personal property including animals;
"harbour dues" and "dues" means any due, rate, fee, toll, tax, pilotage rate, light due, port charge, or payment in the nature thereof payable or leviable under this Ordinance;
"harbour works" include generally any works for the improvement, protection, management or utilisation of a harbour, and in particular without limiting the general import of the term every basin, graving dock, slip, dock, pier, quay, wharf, jetty, bridge, viaduct, breakwater, embankment or dam, or a reclamation of land from the sea or from any navigable river, and any excavation, deepening, dredging or widening of any channel, basin or other part of a harbour whether complete or incomplete, in the sea or any bay or arm thereof or of any navigable river flowing thereinto, and all buildings thereon and machinery used in connection with such harbour works;
"master" means the person in command or charge of any vessel not being a pilot;
"owner" when used in relation to goods includes any person being or holding himself out to be the owner, importer, exporter, consignee, agent or person possessed of or beneficially interested in or having any control of or power of disposition over the goods;
"owner" in respect of a ship includes every person acting as agent for the owner, or authorised to receive freights or other charges payable in respect of the ship;
"pilot" means any person not belonging to a ship who has the conduct thereof;
"ship" includes every description of vessel whether used in navigation or in any way kept or used as a hulk or store-ship or for any other purpose and not propelled exclusively by oars;
"tidal lands" or "foreshore" means such parts of the bed, shore or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides;
"tidal water" means any part of the sea or of a river within the ebb and flow of the tide at ordinary spring tides;
"vessel" means anything made or used to carry by water or to hold or contain on water any human being or goods or property whatsoever;
"warehouse" includes all warehouses, buildings or premises in which goods landed from or to be carried in vessels may be lawfully placed;
"wharves" includes all wharves, quays, piers, jetties and premises in or on or from which passengers or goods may be taken on board of or landed from vessels.
PART II
HARBOURS
Minister
may declare harbours
3.
The Minister may by notice declare any such place as may be expedient to be a
harbour for the purposes of this Ordinance and may
by notice revoke any such
declaration.
Minister
to define limit of
harbours
4.
The Minister shall by notice define, and may by notice vary, the limits of any
harbour.
PART III
HARBOUR MASTERS AND PORT OFFICERS
Minister
to appoint harbour masters and port officers
5.
The Minister may from time to time appoint a fit and proper person to be the
harbour master of any port and such other officers as
he may deem necessary, and
may remove such harbour master or other officers, and such harbour master shall
be the port officer port
officer of the port of which he is harbour
master.
Minister
may also appoint harbour masters for particular
occasions
6.
The Minister may appoint any person temporarily to act with a harbour master or
in the place of a harbour master either generally
or for some occasion only, and
such person shall for the purposes of this Ordinance have the same powers as a
harbour master duly
appointed under authority of the preceding
section.
Harbour
master to fly flag when on
duty
7.
(1) The harbour master when on duty in any boat or vessel as harbour master
shall fly on such boat or vessel such flag as may be
prescribed.
(2) If any person not
being a harbour master uses a flag of the prescribed description he shall be
guilty of an offence against this
Ordinance.
Powers
of harbour
master
8.
Any harbour master or other officer appointed under this Ordinance shall be
entitled
at any time while in the execution of his
duty to enter and remain on any ship; and the harbour master may give directions
regulating
the time and the manner in which any vessel shall enter into, go out
of or lie in the port, and the position, mooring, unmooring,
placing or removing
of any vessel within the
same:
Provided that no harbour
master shall direct that any vessel shall lie or be within any part of the port
where any law directs that
no vessel shall lie or be or moor, or remove from any
part of the port duly appointed as a boarding, landing or quarantine station
any
vessel moored or placed there under the authority of any other law for the time
being in force, or to moor or place any vessel
alongside any wharf, quay,
custom-house, station or other place appropriated to the service of the
Customs.
Masters
to comply with harbour master's direction
Penalty for
non-compliance
9.
The master of every vessel within the port shall regulate such vessel according
to the direction of the harbour master made in conformity
with this Ordinance,
and any master of any vessel who does not forthwith regulate such vessel
according to such directions shall
be liable to a fine of $10 and in default of
payment thereof to imprisonment for 1
month.
Powers
of harbour master to move
vessels
10.
If the master of any vessel within the port does not moor, harbour unmoor, place
or remove such vessel according to the directions
to move of the harbour master,
it shall be lawful for the harbour master to cause such vessel to be moored,
unmoored, placed or removed
according to the directions aforesaid, and to employ
a sufficient number of persons and appliances for that purpose, and the expenses
attending such mooring, unmooring, placing or removing shall be paid by the
master or owner of the vessel and the vessel shall not
be cleared at the Customs
until such expenses have been
paid.
Penalty
for hindering harbour
master
11.
If any person hinders or causes to be hindered the harbour master or any person
employed by him in mooring or unmooring, placing
or removing such vessel in the
manner aforesaid, such person shall for every such offence be liable to a fine
of $40 and in default
of payment thereof to imprisonment for 3
months.
Harbour
master may order masts to be
struck
12.
(1) The harbour master may issue such orders as to the striking of masts, yards
and booms, veering and shortening of cable and other
things which in his
discretion he may deem fit for the security of any vessel or vessels in the
harbour, and may cause to be received
on board a vessel and made fast or cast
off any line, warp, chain or hawser from any other vessel entering, leaving or
shifting position
in the harbour; and when any such line, warp, chain or hawser
is received and made fast on any vessel as hereinbefore provided, no
person
shall let go, cut or unfasten the same unless authorised to do so by the harbour
master.
(2) Any person who is
guilty of a breach of this section shall be liable to a fine of $40 and in
default of payment thereof to imprisonment
for 3 months.
PART IV
PILOTS
Signals
as prescribed to be made for
pilot
13.
The master of any vessel approaching any harbour and requiring the services of a
pilot shall make such signals as are prescribed
by
regulations.
Harbour
master or pilot not to be taken to sea except under unavoidable
necessity
14.
The master of any vessel shall not, except under circumstances of unavoidable
necessity, without the consent of the harbour master
or pilot take such harbour
master or pilot to sea or beyond the limits of the Gilbert Islands, and if the
harbour master or pilot
is so taken the master shall be liable to a fine of $200
and the owner shall be liable to the payment of salary, subsistence and
passage
money of such harbour master or pilot until his return to the
port.
Licensing
of
pilots
15.
The Marine Superintendent may grant certificates of competency to persons duly
qualified and license pilots for the purpose of taking
ships within such of the
waters of the Gilbert Islands as may be specified in the
licence:
Provided that no person
shall be granted a certificate of competency or be licensed as a pilot unless he
has satisfied the Marine
Superintendent that he is capable of performing such
duties.
Employment
of pilots not
compulsory
16.
Nothing in this Ordinance will be held to make the employment of pilots by
masters and owners of ships
compulsory.
Fee
for
license
17.
The Minister may by regulation prescribe rates of fees to be paid by pilots for
licenses under this
Ordinance.
No
civil action to lie against pilot, harbour master or
Government
18.
Notwithstanding anything contained in this Ordinance no civil action for damages
or otherwise shall lie against any harbour master
or licensed pilot in respect
of any damage occasioned by negligence or want of skill in the performance of
his duties and no civil
action for damages or otherwise shall lie against the
Government or against any member thereof in respect of any such damage as
aforesaid.
Power
to cancel pilot's
licence
19.
Whenever the Marine Superintendent is satisfied that any licensed pilot is unfit
to be licensed as such on the grounds of advanced
age, physical disability, want
of skill or neglect of duty, he may forthwith cancel the licence of such
licensed
pilot.
Pilotage
how
recoverable
20.
Such sums as may be prescribed by regulations may be demanded by licensed pilots
and shall be recoverable by proceedings against
the master for the service of
which the dues became payable, and on adjudication the sum declared to be due
shall be leviable by
distraint on the ship, her tackle and
furniture.
Pilot
shall not demand or accept either more or less than
authorised
21.
A licensed pilot shall not demand or receive and a master of a ship shall not
offer or pay to any pilot any other rate in respect
of pilotage services,
whether greater or less, than the rate which is authorised by or under this
Ordinance, and if a pilot or a
master acts in contravention of this enactment he
shall for each offence be liable to a fine of $20 and the Marine Superintendent
may, if he shall deem fit, cancel or suspend the licence of the
pilot.
PART V
EXPLOSIVES
As to
vessels carrying explosives or other dangerous
materials
22.
Any vessel arriving in any harbour having on board gunpowder or any other
explosive material or any cargo or material of a dangerous
or inflammable nature
shall not berth at any wharf without the permission of the harbour master and,
if so required, shall remain
moored at a place apart from the main harbour
traffic until such gunpowder or other explosive material or inflammable material
has
been removed from such vessel or, in the opinion of the harbour master,
shall have ceased to be dangerous, and from time of entering
the harbour until
such goods have been unloaded shall fly during the day time a red flag of not
less than 6 feet by 4 feet from the
mainmast head and during the night shall
show a red light to be visible all round the horizon for a distance of at least
2 miles.
Use of
explosives and firearms
prohibited
23.
Any person using any explosive or discharging any firearm within the limits of a
harbour without the permission of the harbour master
shall be guilty of an
offence against this Ordinance.
PART VI
WRECKS, OBSTRUCTIONS, MOORINGS
Obstructions
to be
removed
24.
Should any vessel or part thereof, raft, timber or other thing be sunk or
stranded in any harbour, the master or owner thereof shall
upon the receipt of
an order to that effect from the harbour master, and within such time fixed in
such order, clear the harbour
of such vessel, raft, timber or other thing, and
all parts of the same, and of the cargo or ballast of such vessel, and should
the
master or owner aforesaid fail to comply with such order the harbour master
may direct the removal of such vessel or part of the
same and cargo or ballast
thereof or raft, timber or other thing at the expense of the owner
thereof.
No
person other than owner may destroy wreck without
permission
25.
No person other than the owner shall destroy or demolish or interfere with any
wrecked or stranded vessel or any part thereof within
the limits of a harbour
without the permission of the owner thereof or of the harbour
master.
Harbour
master's permission required to lay down buoy or
mooring
26.
No person shall lay down in the harbour any private buoy, mooring or anchor
without the permission of the harbour master and under
such conditions as may be
prescribed; and any such permission may be at any time withdrawn whereupon any
such buoy, mooring or anchor
shall immediately be removed by the owner thereof
and, failing such removal by such owner, it may be effected at the expense of
the
owner
aforesaid.
Removal
of ballast forbidden without
permission
27.
No person shall remove any stone, shingle or earth or other material from within
the limits of any harbour without the authority
given in writing of the harbour
master.
PART VII
ERECTION OF WHARVES, SLIPS, ETC.
Minister
may license occupation of foreshore for certain
purposes
28.
(1) The Minister may, subject to such conditions as he may deem fit and on
payment of such fee or annual fee as may be prescribed,
license and permit any
part of the tidal lands and waters of a harbour to be used or occupied for all
or any of the following purposes-
(i) the building or repairing of ships or vessels of any kind;
(ii) the erection of and use of any boat-shed, landing-place or wharf;
(iii) the erection of baths and bath houses and any enclosure or fence necessary for the protection or privacy of the same;
(iv) any other purpose relating to the convenience of shipping or of the public as he may approve:
Provided
that no such licence shall be granted for any period exceeding 21 years, and
every such licence shall be subject to the condition
that the Minister may at
any time revoke such licence without payment of compensation or liability to any
action or claim for damage
in respect of such revocation except in the case
where a licence has been granted for the purpose of constructing a dock or
slip.
(2) The revocation of any
such licence shall not take effect until the expiration of 6 months after
service on the licensee of a written
notice of the revocation of the
licence.
(3) No such licence or
permit shall be granted which will interfere with the free navigation of the
harbour.
Fees
which may be charged by
licensee
(4) The Minister may
authorise the licensee to make such charged by charges to the public for the use
of a wharf as may be prescribed
by the Minister; and such charges when incurred
may be recovered as a simple contract
debt.
Licensed
part of foreshore to be
lighted
29.
There shall be exhibited such lights as may be required by the Marine
Superintendent upon any such part of the tidal lands and tidal
waters licensed
as above provided for.
PART VIII
ANCHORAGES
Prohibited
anchorage
30.
The Minister may by notice define any area within the Gilbert Islands as a
prohibited anchorage, and the master of a vessel, except
under circumstances of
unavoidable necessity, shall not anchor a vessel within the limits of such
area.
Minister
may set apart portion of harbour for particular
purpose
31.
The Minister may by notice set apart any area within the may Gilbert Islands
where any class or classes of vessels only may anchor,
and may restrict the
navigation of such area to such vessels and times as he may deem
fit.
PART IX
HARBOUR MASTER'S POWERS OF ENTRY
Powers
of entry of harbour master in connection with
light
32. The harbour master or
any person acting under authority of the Marine Superintendent may at any time
pass and repass without hindrance
over any land in the Gilbert Islands
wheresoever situated in the execution of his duty in relation to lights, with
lights lighthouses,
buoys and beacons, and may enter into and upon any lands and
remove and take away any earth, clay, stones, sand or other material
required in
the building or repair of any light-house, beacons or other work in connection
with the navigation of the waters of the
Islands on payment of reasonable
compensation, and may deposit sand, earth, stones and other material or thing
thereon, and carry
on any work required in this connection on any of the lands
as entered into and upon.
PART X
LIGHTS AND LIGHT DUES
Screening
of
lights
33.
When in the opinion of the Marine Superintendent any light exhibited or shown
from any building or other place on shore is such as
may be mistaken for or
taken to be a harbour or navigation light, the Marine Superintendent may order
the discontinuance of such
light or the effective screening of the
same.
Light
dues
34.
There shall be levied and paid on vessels such rates of light dues as may be
prescribed:
Provided that the
Minister may exempt any vessel from the payment of these dues generally or in
respect of any particular harbour.
PART XI
GOVERNMENT WHARVES AND WHARFAGE DUES
Government
wharves and
purlieus
35.
The Minister may by notice declare any wharf to be a Government wharf and may
define an area surrounding a Government wharf as being
the purlieus of such
wharf, and any vessel anchored or moored within such area shall be deemed for
all purposes of this Ordinance
to be berthed at such
wharf.
Vessels
to obtain permission to berth at Government
wharf
36.
No vessel shall berth at a Government wharf or lie within the purlieus thereof
except with the permission of the harbour master or
other person authorised by
him to give such permission.
Wharfage dues to be prescribed on vessels
37.
There shall be levied or paid on vessels berthed at a Government wharf wharfage
dues according to a scale prescribed by on
regulations.
Vessel
may be detained for
dues
38.
A harbour master may detain any vessel berthed at a wharf until the dues have
been paid or secured to his
satisfaction.
Wharfage
dues on goods to be
prescribed
39.
There shall be levied and paid in respect of all goods dues on loaded or
discharged at a Government wharf wharfage dues according
to the scale
prescribed.
Exemption
by
Minister
40.
The Minister may exempt any vessels or goods from the payment of wharfage dues
either in respect of any particular wharf or generally.
PART XII
HARBOUR DUES AND PORT CHARGES
Harbour
dues may be
prescribed
41.
There shall be levied and paid in respect of any vessel and of all goods loaded
or discharged in a harbour dues as may be prescribed
by
regulations.
Port
charges may be
prescribed
42.
There shall be levied and paid on all vessels being in a harbour, whether plying
for hire or otherwise, such port charges as may
be prescribed by
regulations.
Goods
may be sold if dues unpaid
43. Any
goods in respect of which there shall be any neglect or refusal to pay the dues
or charges appointed to be paid by this Ordinance
may be seized and detained at
the expense and risk of the owner, consignee or exporter, as the case may be,
and after the expiration
of 14 days from the date of seizure may be sold by
public auction, and there shall be paid out of the proceeds of sale all customs
and wharfage dues and all storage and other expenses incurred in respect of such
goods.
PART XIII
OFFENCES
Offences
relating to
harbours
44.
Every person commits an offence who does or causes or permits to be done any of
the following things, that is to say -
(i) casts or suffers to fall either from on board any vessel or from land any ballast, rock, stone, slate, shingle, gravel, sand, earth, cinders, sawdust, mill-refuse, dead animal or other substance or thing into the harbour:
Provided that the harbour master may permit the master of a vessel to discharge ballast or ashes and ships' refuse at such places and in such manner as he may direct;
(ii) casts or suffers to fall any such substance or thing on land in a position where the same is liable to fall or descend or be carried or washed down by ordinary or high tides or by any stream or flow of water or by any storm or flood or otherwise into any harbour;
(iii) casts or places or leaves any vessel laid by or neglected as unfit for sea service or any floating or other timber or any other thing in any harbour;
(iv) erects any beacon in a harbour without the authority of the harbour master;
(v) injures any harbour light or light-ship or lights exhibited therein or any buoy or beacon;
(vi) removes, alters or destroys any harbour light, light-ship, buoy or beacon;
(vii) rides by, makes fast to or runs foul of any harbour light, light-ship, buoy or beacon or harbour works;
(viii) removes, alters, injures or destroys any signal or signal-staff used for purposes in aid of vessels navigating the harbour;
(ix) removes, destroys, injures or interferes with any life-buoy or life-saving appliance,
and for each offence the offender shall, in addition to the expenses of removal, replacing or of making good any damage occasioned, be liable to a fine of $100 or in default of payment thereof to imprisonment for 6 months.
Wilfully
destroying
moorings
45.
Every person excepting the harbour master or person acting under his authority
who wilfully cuts, breaks or destroys the mooring
or fastening of any vessel or
buoy shall be liable to a fine of $200 or in default thereof to imprisonment for
12 months.
Injury or destruction of lights, etc., outside harbours
46. Every person commits an offence who does or causes to be done any of the following things anywhere within the Gilbert Islands -
injures, removes, alters or destroys any lighthouse, light-ship, beacon, buoy, or any light exhibited therein or thereon, or rides by, makes fast to, or runs foul of, any of the same,
and
for each such offence the offender shall, in addition to the expenses of
removal, replacing or of making good any damage occasioned,
be liable to a fine
of $100 or in default of payment thereof to imprisonment for 6
months.
Wilful
damage to harbour
works
47.
Every person commits an offence punishable by imprisonment for 5 years who
wilfully breaks, throws down, destroys or in anywise
damages or injures any
wharf, harbour, light, light-house, shed, building or any harbour work
whatsoever or any part thereof constructed
or in course of construction by or
under the authority of Her Majesty or of the
Government.
Discharging
sewage without permission an
offence
48.
Every person commits an offence who permits any privy to discharge into the
waters of a harbour or casts or discharges or suffers
to be cast or discharged
any night soil, sewage or other filth into a harbour except at such times and
places as may be permitted
by the harbour
master.
Offering
bribes to
officers
49.
Every person commits an offence who gives or offers any money or thing by way of
reward or bribe to any harbour master, pilot or
other officer employed about a
harbour for the purpose of gaining an undue preference in the execution of his
office or for the purpose
of inducing him to do or omit to do anything relating
to his
office.
Licence
to erect wharf
required
50.
Every person commits an offence who erects or constructs any wharf in any
harbour or in any other place in the Gilbert Islands or
encroaches in any way on
the waters of any harbour without having first obtained a licence and a permit
to do so from the
Minister.
Penalty
where none specially
provided
51.
Every person is liable, where no other penalty is in that behalf specially
provided, to a fine of $40 or in default of payment thereof
to imprisonment for
3 months who fails, refuses or neglects to do, or in any manner obstructs,
impedes or interferes with the doing
of, anything enjoined or authorised to be
done, or does anything prohibited by this Ordinance or molests or makes use of
any threatening
language to a harbour master, pilot or other officer or person
whilst in the execution of his duty under this Ordinance or in any
other respect
offends against any of the provisions of this Ordinance.
PART XIV
MISCELLANEOUS
Civil
procedure
52.
When any dues leviable or charges or other expenses incurred under this
Ordinance have not been paid, they may be recovered at the
suit of the harbour
master in any court of competent
jurisdiction.
Regulations
53.
The Minister may make regulations and prescribe penalties for the breach thereof
in regard to -
(i) regulating the use of wharves, docks, quays, boat harbours, landing-stages and other landing-places, and the traffic thereon;
(ii) prescribing the scale of dues for the storage of goods and charges to be paid for the taking and delivering the same from warehouses or buildings belonging to or in occupation of the Crown;
(iii) regulating the conduct of all persons employed on any wharf or in any warehouse;
(iv) regulating the control and management of steam or other mechanically propelled ferry boats plying for hire at wharves or other public thoroughfares;
(v) regulating the conduct of licensed porters, boatmen, and watermen practising their calling;
(vi) regulating the cleaning and repair of private wharves, and keeping the same in a fit state for the convenience and safety of persons walking upon or landing on or embarking from the same;
(vii) regulating the time, place, order and mode of the shipping, landing, warehousing, stowing and separating of goods, and of the landing and embarking of passengers;
(viii) regulating the order of priority of vessels using Government wharves and removing vessels therefrom to permit of the use of the wharves by vessels having the privilege of priority of use thereof;
(ix) providing for the safe navigation of any harbour and regulating all matters relating to the protection of life and property in or on vessels using any such harbour;
(x) regulating or prohibiting the towage within a harbour of vessels;
(xi) providing for the effective lighting of ships and wharves at all times while passengers or goods are being loaded, unloaded or transported at any time between sunset and sunrise;
(xii) providing that vessels shall not be brought to any wharf or moored to or unmoored from or removed from any wharf unless such vessels are in charge of the master of the vessel or of some other competent person;
(xiii) regulating the laying up of any vessel within the harbour and fixing charges for such laying up;
(xiv) regulating for the use of efficient mufflers, silencers or below-water exhausts by motor vessels navigating or lying in a harbour;
(xv) regulating the use of searchlights in a harbour;
(xvi) regulating the use of whistles, horns, sirens or similar contrivances in a harbour;
(xvii) all other matters for which by this Ordinance regulations are required or permitted to be made or with respect to which regulations are necessary or convenient for giving effect to the provisions of this Ordinance.
___________
[Subsidiary]
SUBSIDIARY LEGISLATION
Places
declared to be harbours under section
4
1. TARAWA, being all that area
within the following limits, that is to say, bounded by a line commencing at the
South West extremity
of Betio Islet as shown on Admiralty Chart No. 3269
(Edition of the 5th January 1962) being 1 degree 21 minutes 02 seconds latitude
North and 172 degrees 55 minutes 12 seconds longitude East (which extremity is
hereinafter referred to as "the point of commencement");
and thence in a
straight line on a true bearing of 000 degrees to a point 3.75 nautical miles
distant from the point of commencement;
and thence in a straight line to a point
on a true bearing of 064 degrees, and a distance of 4.8 nautical miles, from the
point of
commencement; and thence in a straight line to a point on a true
bearing of 091 degrees, and a distance of 5.05 nautical miles, from
the point of
commencement; and thence in a straight line to a point on a true bearing of 103
degrees, and a distance of 5.42 nautical
miles, from the point of commencement;
and thence in a straight line to a point on a true bearing of 111 degrees, and a
distance
of 3.6 nautical miles, from the point of commencement; and thence in a
straight line from the last mentioned point to the point of
commencement.
2. OCEAN ISLAND, being all
that area enclosed within a circle having a radius of 1 nautical mile and
centred on Lilian Point on Ocean
Island which point is shown more particularly
on the Large Correction of the 6th May 1955, to Admiralty Chart No.
979.
L. N.40/63
Wharves
declared to be Government wharves and surrounding areas defined as purlieus
thereof under section 35
1.
Government Wharf at Betio Islet, being the wharf forming the Southern boundary
of the boat harbour on the Northern side of Betio
Islet, which boat harbour is
shown on Admiralty Chart No. 3269 (Edition of 5th January 1962, corrected to
include small correction
no. 2040 of 1962) and the area surrounding such wharf,
being the purlieus thereof, is all that area bounded by a line commencing
at
point being the site of the beacon in a position approximately 1 degree 21
minutes 42 seconds latitude North and 172 degrees 56
minutes 02 seconds
longitude East and shown on the said Admiralty Chart No. 3269 (which point is
hereinafter referred to as "the
point of commencement") and thence in a straight
line on a true bearing of 218 degrees for approximately 737 feet to a point
situated
on the High Water mark on the North-western side of the Western mole of
the said boat harbour; and thence generally in a Southerly
direction along the
High Water mark on the Western side of the said Western mole for approximately
1700 feet to a point situated
on a line produced parallel to and 60 feet inshore
from the face of the said wharf; and thence in a generally Easterly direction
along such straight line parallel to and 60 feet inshore from the face of the
said wharf for approximately 500 feet to a point situated
on a straight line
produced parallel to and 40 feet Eastwards from the upper coping of the
revetment of the Western side of the Eastern
mole of the said boat harbour; and
thence in a straight line on a true bearing of 015 degrees approximately for 630
feet to a point
situated on the High Water mark on the Eastern side of the said
Eastern mole; and thence generally in a Northerly direction along
the High Water
mark on the Eastern side of the said Eastern mole for approximately 1475 feet to
a point on the North-eastern side
of the Eastern mole; and thence on a true
bearing of 295 degrees for approximately 212 feet to the point of commencement,
the said
area being more particularly delineated and outlined in green on the
plan deposited in the Public Office of the Governor at Tarawa
as Registered Plan
No. 3.
2. Government Wharf at
Bairiki Islet, being the wharf consisting of a timber jetty on the Western side
of the boat harbour on the
Northern side of Bairiki Islet, which boat harbour is
shown on Admiralty Chart No. 3269 (Edition of 5th January 1962, corrected to
include small correction no. 2040 of 1962) and the area surrounding such wharf,
being the purlieus thereof, is all that area contained
within the minor sector
of a circle having a radius of 920 feet with its centre on the beacon in the
position approximately 1 degree
19 minutes 52 seconds latitude North and 172
degrees 58 minutes 35 seconds longitude East and shown on the said Admiralty
Chart No.
3269 between a true direction of 165 degrees from the said beacon, the
said area being more particularly delineated and outlined
in green on the plan
deposited in the Public Office of the Governor at Tarawa as Registered Plan No.
4.
L. N. 41/63
Regulations
under section 53
HARBOURS REGULATIONS
8 of 1971
3 of 1972
Citation
1.
These Regulations may be cited as the Harbours
Regulations.
Harbour
master's flag
2.
The harbour master's flag required to be flown in accordance with the provisions
of section 7 shall be composed of two horizontal
bands of equal size; the upper
band shall be white with the letters "H. M." conspicuous thereon, and the lower
band shall be
red.
Signals to
be made by vessel requiring
pilot
3.
The signals required to be made by a master of a vessel requiring the services
of a pilot, in accordance with the provisions of section
13, shall be as
follows-
(a) By day-
(i) the international code signal "G"; or
(ii) the international code signal "PT"; or
(iii) the Pilot Jack hoisted at the foremast.
(b) By night-
(i) a blue pyrotechnic light every 15 minutes; or
(ii) the international code signal "PT" by flashing.
Licensing
of pilots
Schedule
1
4.
(1) Licences for pilots granted under the provisions of section 15 shall be in
Form 1 set out in Schedule 1 and each licence shall
specify the area or port for
which it is granted.
(2) Before
any such licence may be granted the applicant therefore shall be required to
satisfy the Marine Superintendent that he
has entered the area or port concerned
on at least 3 occasions in command of a vessel, that he has the necessary
knowledge of that
port or area and that he has acquired an adequate knowledge of
the handling of ships.
(3) The fee
payable by the applicant for the grant of a licence shall be $2.
Pilotage fees
5.
(1) For every vessel employing a licensed pilot there shall be payable whenever
the vessel enters port, leaves port or shifts within
the port a pilotage fee
calculated at the rate of 20 cents per foot of the vessel's greatest registered
length from stem to
stern:
Provided that in no case
shall the pilotage fee be less than $50 or more than
$100.
(2) When the pilotage fee is
paid by the master the pilot shall issue a receipt in Form 2 set out in Schedule
1, but when the pilotage
fee is for account of the agents the master shall issue
to the pilot a certificate in Form 3 set out in that
Schedule.
Wharves
to be maintained in safe
condition
6.
Every landing place or wharf to which members of the public have access shall be
maintained by the owner or occupier in a fit state
of repair and cleanliness to
the satisfaction of the harbour master, who may order the owner or occupier to
take such steps as may
be necessary to exclude the public from any landing place
or wharf which in the opinion of the harbour master is
unsafe.
Wharves
to be
illuminated
7.
Every landing place or wharf to which members of the public have access shall be
illuminated to the satisfaction of the harbour master
at all times between
sunset and sunrise when passengers or goods are being embarked, disembarked,
loaded, unloaded or
transported.
Use
of
searchlight
8.
No person shall use a searchlight in a harbour in such manner as to obscure or
impair the vision of any person navigating a vessel
in or approaching that
harbour.
Discharge
of
oil
9.
The master or owner of any vessel or shore installation from which oil is
discharged, or allowed to escape, into any harbour shall
be guilty of an offence
and shall be liable to a fine of $100 or in default of payment thereof to
imprisonment for 6
months.
Light
dues
Schedule
2
10.
(1) Every vessel which enters the harbour of Tarawa, other than a vessel of a
category specified in Schedule 2, shall be liable to
pay light dues calculated
in accordance with the following scale-
(a) 2 cents per registered ton on every occasion of entering the harbour; or
(b) 40 cents per registered ton per calendar year payable in advance.
(2)
In the case of dues calculated in accordance with paragraph (1)
(a)
vessels shall be liable to pay in addition thereto 2 cents per ton of any space
referred to in section 85 of the Merchant Shipping
Act
1894.
Wharfage
dues
Schedule
2
11.
Every vessel which enters Betio Boat Harbour or Bairiki Boat Harbour, other than
a vessel of a category specified in Schedule 2,
shall be liable to pay wharfage
dues calculated in accordance with the following scale-
(a) per day of 24 hours or part thereof-
(i) if alongside a Government wharf, 15 cents per registered ton;
(ii) if moored within the purlieus of a Government wharf, 10 cents per registered ton; or
(b) per calendar year, $6 per registered ton, payable in advance.
Cargo
wharfage
dues
12.
Notwithstanding the exemptions, conferred by regulation 11 upon vessels in the
categories specified in Schedule 2, from payment of
wharfage dues upon entering
Betio Boat Harbour or Bairiki Boat Harbour, there shall be levied on any cargo
loaded or discharged by
such vessels at a Government wharf in those harbours
cargo wharfage dues, to be paid by the owner, calculated at the rate of 15 cents
per ton:
Provided that no cargo
wharfage dues shall be payable upon the personal baggage of the crew of any such
vessel or upon any goods specifically
exempted from such payment by the
Minister.
Port
charges payable in certain
cases
13.
In respect of any vessel which is exempted from the payment of wharfage dues
under the provisions of regulation 11, other than a
vessel in a category
specified in paragraphs (ii), (iii), (iv), (v) and (vii) of Schedule 2, and
which enters Betio Boat Harbour
or Bairiki Boat Harbour, port charges shall be
payable calculated as follows-
(a) for vessels of less than 5 tons-
(i) for every day or part thereof within the Boat Harbour, 20 cents; or
(ii) for 1 calendar year, $4 payable in advance;
(b) for vessels of 5 tons or upwards-
(i) for every day or part thereof within the Boat Harbour, $1; or
(ii) for 1 calendar year, $20 payable in advance.
____________
SCHEDULE
1
(Regulations
4 and 5)
FORM 1
Prescribed licence issued
to a pilot in pursuance of regulation 4 of the Harbours
Regulations.
This is to certify
that..............................................is a licensed pilot
for.....................
.....................................................
Marine Superintendent
Date
............................
_______
FORM 2
Prescribed receipt for
Pilotage Fee under regulation 5 of the Harbours
Regulations.
Received from
................................................in respect of pilotage of the
vessel ........................................into/out
of/within the port of
.................................... the sum of
....................................... as
follows
Maximum registered length
.................................at 20c per foot (subject to a minimum of $50
and a maximum of $100) =
$
Master.........................................................
Pilot
Date
_______
FORM 3
Prescribed certificate
required by regulation 5 of the Harbours
Regulations.
This is to certify that
..........................................has this day piloted the vessel
...................................into/out
of/within the port
of.......................................... in respect of which pilotage the
vessel is liable for payment of
the following fee
Maximum registered length ..............................................at 20c per foot (subject to a minimum of $50 and a maximum of $100) = $
Date........................................................................... Master
_______
SCHEDULE
2
(Regulations
10 and 11)
Schedule of vessels
exempted from payment of light dues and wharfage dues under regulations 10 and
11:
(i) any vessel of less than 5 tons;
(ii) any vessel belong to or in the naval service of Her Majesty or of any foreign state;
(iii) any vessel in the service of the Government of any British possession other than a vessel engaged in trade;
(iv) a vessel chartered by or on behalf of Her Majesty or a British possession for naval purposes when the dues would otherwise be payable by Her Majesty or by the Government of such possession;
(v) the lifeboats, rafts, work boats or launches which form part of the equipment of a larger vessel and are being used as such;
(vi) punts, barges or other work boats whose sole means of propulsion is by manpower or by towing;
(vii) sailing or paddling canoes of native design.
Goods
exempted from cargo wharfage dues under the proviso to regulation 12.
Any cargo loaded or discharged at a Government Wharf in Betio Boat Harbour or Bairiki Boat Harbour.
------------------------------------------
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