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Nauru Sessional Legislation |
REPUBLIC OF NAURU
PORT AUTHORITY ACT
(No.
4 of
2006)
ARRANGEMENT
OF SECTIONS
SECTION
PART
1
PRELIMINARY
1.
Short Title
2. Interpretation
3. Designation of Port
PART
II
ESTABLISHMENT OF
AUTHORITY
4.
Establishment of Authority
5.
Liability
PART
III
OBJECTIVES,
FUNCTIONS AND POWERS OF AUTHORITY
6.
Objectives of the Authority
7.
Functions of the Authority
8. Powers
of the Authority
PART
IV
PROCEDURE OF THE
AUTHORITY
9.
Execution of Documents, etc.
PART
V
ASSETS AND
LIABILITIES
10.
Assets of Authority
11. Transfer of
other property to Authority
PART
VI
PROVISIONS
RELATING TO HABOUR MASTER AND STAFF
12.
Appointment of Harbour Master
13.
Power of the Harbour Master
14. Fire
on Board Vessel
15. Power to Board
Vessel
16. No
Liability
17. Staff of
Authority
PART
VII
FINANCIAL
PROVISIONS
18.
Secretary of Finance to Manage Finances of the
Authority
19. Purpose for which funds
of Authority maybe Expended
20. Annual
Operating plan and Budget
21.
Accounting Procedures and Financial Statement
22. Presentation of Financial
Statement
23. Other
Reports
24. Statement of Accounts and
Annual Report
PART
VIII
PORT FEES AND
RATES
25.
Power of Authority to levy fees
26.
Fees
27. Persons Liable for fees
28.
Rates
29. Powers of entry onto Vessels
30.
Receipts
31. Maritime
Liens
32. Liens on Cargo and
goods
33. Powers to sell or dispose of
goods
34. Shipping Clearance to be
withheld
35. Exemption reduction of
fees and rates
36.
Evasion
37. Interest
38. Application
PART
IX
PILOTAGE
39.
Pilotage Authority
40. Pilotage areas
41. Pilotage
42. Exemption from
Pilotage
43. Compulsory
Pilotage
44. Vessel to be piloted by a
pilot
45. Authority to Employ
pilots
46. Licensed Pilot not
Personally Liable
47. Presence of
Licensed Pilot not to diminish Responsibility of
Master
48. Owner and Master Liable for
Damage
49. Civil Liability for loss or
damage
PART
X
DANAGEROUS
GOODS
50.
Dangerous Goods
PART
XI
OFFENCES
51.
Penalty for Obstructing Authority
52.
Reporting False Information
53. False
Information as to Vessel
Characteristics
54. Wilful Damage to
Port Works and Property
55. Offences
in Connection with Safety of
Vessel
56. Pollution within
port
57. Harbour Master or other
Employees Receiving other Payments
PART
XII
MISCELLANOUES
PROVISIONS
58.
Master, Owner liable for Damage
59.
Power to detain
60. Evidence of
Identity
61. Confidential
Documents
62. Apparatus not Subject to
Distress
63.
Regulations
64. Standing Orders and
Codes of Practice
65. Act to bind the
Republic
__________
AN
ACT
To
establish the Port Authority of Nauru, to manage and operate the Port of Nauru
and to make provisions for matters related
thereto.
(Certified:
17th
June 2006)
BE
IT ENACTED by the Parliament of Nauru as
follows:-
PART 1 - PRELIMINARY
SHORT
TITLE
1. This Act may be cited as
the Port Authority Act
2006.
IINTERPRETATION
2.
In this Act, unless the context otherwise requires:-
'Authority' means the Port Authority of Nauru established by Section 4;
'buoy' includes a floating object of any size, shape and colour which is moored to the seabed and serves as an aid to navigation or for other specific purpose;
'container' means an article of transport equipment of a permanent character designed for repeated use, constructed to facilitate the multi-modal transportation of goods, capable of being secured and readily handled, having corner fitting for those purposes and being of a standard ISO size;
'dangerous goods' means any goods or substances classified as dangerous goods by the International Maritime Dangerous Goods (IMDG) Code, and also includes goods or substances declared to be dangerous pursuant to Part X;
'Harbour Master' means the office established by Section 12;
'fees' include port fees, light dues and wharfage levied under this Act but does not include rates;
'foreign going vessel' means a vessel employed in trading between Nauru and a place outside of Nauru or between any port or place outside Nauru;
'goods' includes livestock;
"International Maritime Dangerous Goods Code" means the Code regulating the packaging, labelling, handling, storage, stowage, separation and carriage by sea of dangerous goods as specified by the Code, as issued by the International Maritime Organisation, as amended from time to time;
"ISO" in means the International Standards Organisation;
"Master" includes every person, except a pilot, having command or charge of any vessel;
"marine navigational aid" means buoys, beacon, mark and signs in aid of marine navigation, including electronic aids to marine navigation not carried on board a vessel;
"Minister" means the Minister responsible for this Act;
"net realisable assets" are the market value of the assets less the current liabilities and outstanding loans;
"overseas vessel" means, in respect of Part 9, a vessel whose last port of departure was outside Nauru or a foreign going vessel.
"owner" when used in relation to -
(a) goods, includes any person being, or holding himself or herself out to be, the owner, importer, exporter, consignor consignee, shipper or agent responsible for the sale, custody, loading, handling, discharge or delivery of such goods or any person entitled to possession; and
(b) when used in relation to a vessel, includes every person acting as agent for the owner responsible for receiving freight or paying other charges in respect of the vessel and any part-owner, chatterer, operator, or mortgagee in possession, and any duly authorised agent of any such person;
"pilot" means a licensed pilot employed by the Authority under section 45;
"port" means any place described or declared to be a port pursuant to section 3;
"rates" means any rates or charges imposed by the Authority under this Act and includes any toll or rent, but does not include fees;
"RONPHOS" means the corporation established by the RONPHOS Act 2005
"Secretary" means the public service head of the Department responsible for the administration of this Act;
"Secretary for Finance" means the public service head of the Department responsible for the management and control of the financial matters of the Republic;
"stevedoring company" means any organisation whether incorporated or not, and whether an instrumentality of the Republic or not, which in the opinion of the Harbour Master has all the necessary equipment to be capable of providing the full range of stevedoring services to all vessels using the port and other such arrangements as may be approved by the Minister;
"stevedoring services" in relation to a stevedoring company includes landing, handling, cranage, storage or carriage of goods and the deposit of placing of goods in its care, custody or control;
"vessel" means any kind of ship, boat or other craft used or capable of being used in navigation by water but excluding a canoe or other craft of traditional build;
"warehouse" includes any warehouse, shed or other building belonging to or under the control of the Authority in which goods may be lawfully placed;
"wharf" includes a quay, pier, jetty, ramp or other similar landing place from which passengers or goods may be loaded on or discharged from a vessel.
3.
DESIGNATION OF PORT
(1) The port
to which this Act applies shall be determined by the
Minister.
(2) The Minister may at
any time declare any other place to be a port within the meaning of this
Act.
(3) A port determined or
declared shall be defined by means of a chart or plan drawn up by the
Ministry and published in the
Government Gazette.
PART 2 – ESTABLISHMENT OF AUTHORITY
4.
ESTABLISHMENT OF AUTHORITY.
(1)
The Port Authority is
established.
(2) The Authority is
required to manage and operate the port and assets of the Authority and has the
objectives, powers and functions
conferred upon it by this
Act.
(3) The Authority is a body
corporate, has a common seal, and may, enter into contracts, acquire, hold and
dispose of property, and
may be sued and sue in its own name and, subject to
this Act and the directions of the Minister, do such other things as may be done
by a corporation registered under the
Corporation Act
1971.
5.
LIABILITY
(1) The Republic is not
responsible for any debts of the
Authority.
(2) The Authority is
liable only for debts and claims to the extent of its net realisable
assets.
PART 3 – OBJECTIVES, FUNCTIONS AND POWERS OF AUTHORITY
6.
OBJECTIVES OF AUTHORITY
The
objectives of the Authority are to promote, encourage and assist in the
development of a safe, secure, efficient, and commercially
viable, port of
Nauru.
7.
FUNCTIONS OF AUTHORITY
The
functions of the Authority are to establish, improve, maintain, operate and
manage port, services and facilities in connection
with the operation of the
port, including, but not limited to -
(a) the management and maintenance of adequate and efficient port, facilities, services and security in the port;
(b) the provision of goods and services necessary to give effect to the objectives of the Authority;
(c) the regulation of navigation and maintenance of navigation aids within the port;
(d) the marketing and promotion of the use, improvement and development of the port; and
(e) the co-ordination of all operations within the port.
8.
POWERS OF THE AUTHORITY
(1)
Subject to this Act and to any directions of the Minister, the Authority shall
have all the powers, rights and authorities necessary
or expedient to enable it
to exercise its functions.
(2)
Without limiting the generality of subsection (1), the Authority may, with the
consent of the Minister, issue Standing Orders
or Codes of Practice in respect
of the following matters-
(a) operation or management of the port as a commercial undertaking and for that purpose the levying of such port charges, fees and rates whatsoever arising from the management and operation of the port, and may similarly increase, decrease or abolish any such charge, fee or rate, thirty days after publication in the Government Gazette;
(b) appointment and employment of such persons as it may consider necessary for the efficient operations of the port;
(c) entering into any contract, covenant, or agreement of any kind whatsoever for the provision of reception facilities required by any other enactment;
(d) authorizing any person to carry out any work or perform any act in the performance of its functions and powers;
(e) carrying on any business or activity whatsoever which appears the Authority to be necessary and profitable for the discharge of its functions;
(f) acquiring, hiring, procuring, constructing, erecting, manufacturing, providing maintaining or repairing anything whatsoever required by the Authority for the purposes of this Act or to sell or otherwise dispose of the same.
(g) providing services for a fee within the port, including:
(i) berthing, towing, mooring, moving, or docking of any vessel:
(ii) embarking or disembarking passengers to or from any vessel, including the provision of landing places;
(iii) providing lighterage or to appoint, licence and regulate lighterage;
(iv) operate piloting any vessel;
(v) installing and maintaining marine navigation aids;
(vi) sorting, weighting, measuring, storing, warehousing or otherwise handling any goods; and
(vii) supplying fuel, water or telephone services or other goods and services to vessels, or for rendering assistance to any vessels or recovering property lost, sunk or stranded;
(h) appointing and regulating operators and other labour and equipment;
(i) appointing and regulating commercial services provided at or within the port;
(j) acquiring any undertaking affording and discharging or warehouse of goods in the port or of the bunkering of vessels;
(k) providing such fire and security services, both within the port or elsewhere, as may be deemed by the Authority necessary for the purpose of extinguishing fires and of preserving life and property;
(l) controlling the erection and use of wharves, docks and other works, whether above or below the high water mark, within the port;
(m) reclaiming, excavating, enclosing or raising any part of any land vested in the Authority, subject to the provisions of any other written law;
(n) adding to, altering or reconstruct the port or any part of the port;
(o) acquire such land execute such work and do such acts and things as may be necessary or expedient in respect of the functions of the Authority under the provisions of this Act or of any other written law;
(p) sale, transfer, lease, hire or otherwise dispose of any of its property;
(q) doing anything for the purposes of-
(i) improving the skill of the workers of the Authority; or
(ii) improving the equipment of the Authority and the manner in which such equipment is operated and maintained;
(r) entering into and carrying out any arrangement or agreement or contract necessary for the exercise of any power or function conferred upon the Authority by this Act;
(s) doing all things necessary or convenient to be done or agreement or with or incidental to the performance of its functions under this Act or any other enactment.
(3)
Notwithstanding subsections (1) or (2), the Authority must not act as agent for
any vessel, or owner or operator to any
vessel.
(4) The powers conferred
by subsections (1) and (2) are in addition to and not in derogation from any
other powers conferred upon
the Authority by this Act or any other written
law.
PART 4 – PROCEDURE OF THE AUTHORITY
9.
EXECUTION OF DOCUMENTS
(1) The
common seal of the Authority shall not be affixed to documents relating to any
contract, covenant or agreement except with
the Minister's approval and such
affixing shall be attested by the signature of the Minister and the
Secretary.
(2) All documents
relating to any contract, convent or agreement to which the Authority is a
party, other than those required by law
or any regulations made pursuant to this
Act to be under seal, or which may be made by the Harbour Master, may be signed
on behalf
of the Authority by the Secretary.
PART 5 – ASSETS AND LIABILITIES
10.
ASSETS OF AUTHORITY
(1) The
original assets of the Authority shall consist of-
(a) all buildings, installation and improvements, located on or adjacent to or in the vicinity of the port, which are, at the date this Act comes into force, the property of RONPHOS for the maintenance and operation of the port or any part thereof; and
(b) all vessels, vehicles, plant, machinery, equipment, stores, furniture and apparatus afloat or on shore which are, at the date this Act comes into force, owned by RONPHOS and used or intended to be used for or in connection with the maintenance and operation of the port.
(2)
The assets referred to in subsection (1) of this section are hereby vested in
the Authority.
(3) The land leased
for the purposes of the port shall be transferred or assigned to the Authority
forthwith upon this Act coming
into
force.
(4) A list of the assets of
RONPHOS acquired by the Authority shall be prepared by or on behalf of RONPHOS
and the Authority and shall
be signed for each by the responsible
Minister.
(5) 1f any question
arises as to whether any asset has or should become the property or
responsibility of the Authority, that question
shall be decided by
Cabinet.
11.
TRANSFER OF OTHER PROPERTY TO
AUTHORITY
(1) There shall be
transferred to the Authority, to enable it to perform its functions under this
Act, such other property vested
in or belonging to RONPHOS or the Republic as
Cabinet may from time to time
determine.
(2) Upon such transfer,
all liabilities and obligation in connection with or pertaining to such property
shall also be transferred
to and vested in the Authority and shall be deemed to
have been incurred by the Authority.
PART 6 – PROVISIONS RELATING TO HARBOUR MASTER AND STAFF
12.
APPOINTMENT OF HARBOUR MASTER
(1)
The Minister shall appoint a Harbour Master, who shall perform duties as
outlined by the Minister with the advice of the
Secretary.
(2) The terms and
conditions of employment of the Harbour Master shall be determined by the
Minister and included in a contract of
service.
(3) The Harbour Master
shall not be removed from office without the consent of the Minister and in
accordance with his or her contract
of
service.
(4) The Harbour Master
shall devote the whole of his or her working time to the Authority and shall
not, without the written approval
of the Minister, occupy any other office or
employment, whether remunerated or not, except that he or she may act as member
of any
authority, committee or commission established by the Republic and the
Harbour Master must not directly or indirectly seek or receive
any form of
remuneration other than that from the Authority in accordance with his or her
contract of employment.
(5) The
Harbour Master shall pursue the objectives, perform the functions and may
exercise, subject to the approval of the Minister,
the powers vested in the
Authority.
(6) The Harbour Master
may make such Standing Orders or other Rules not inconsistent with this Act, for
the management and good governance
of the Authority as he or she thinks fit
which must include a prohibition against any employee directly or indirectly
seek or receive
any form of remuneration other than that from the Authority in
accordance with his or her contract of
employment.
(7) All workers shall
read the Standing Orders each year, signing to acknowledge their understanding
and their acceptance of the matter
contained
therein.
13.
POWER OF HARBOUR MASTER.
(1) The
Harbour Master shall-
(a) serve as Head of the Authority, responsible to the Minister through the Secretary for its management and the execution of its objectives and functions; and
(b) subject to the provisions of this Act and to any advice and directions of the Minister, do all things necessary or convenient to be done in connection with, or incidental to, the performance of his or her duties under this Act or any other enactment including:
(i) entering into contracts on behalf of the Authority;
(ii) in any case of emergency and upon consultation with the Secretary, authorising and directing the execution of any work or the doing of any act which the Authority is empowered to execute and do which is, in his or her opinion, necessary for the operation of port services or the safety of persons on vessels, and he or she may direct that the expense of executing that work or doing that act be paid from the funds of, or available to, the Authority;
(iii) report anything done under sub-paragraph (ii) to the Minister.
(2)
Whenever the Harbour Master is prevented by illness, absence or other like cause
from performing his or her duties or when the
office of the Harbour Master is
vacant, the Minister may appoint one person from within the Authority or with
the approval of the
Chief Secretary, the public service, to perform his or her
duties for as long as the Harbour Master is so prevented or the office
is
vacant.
(3) The Harbour Master
upon consultation with the Secretary may from time by writing under his or her
hand, either generally or particularly,
delegate to any worker of the Authority
as he or she thinks fit, all or any of the powers exercisable by him or her
under this Act
including any powers delegated to him or her by the Minister but
not including this power of
delegation.
(4) The Harbour Master
shall ensure that the Authority complies with all directives from Cabinet
through the Minister from time to
time on financial accountability of the
Authority.
(5) The Harbour Master
shall be responsible for-
(a) the day-to-day operations; and
(b) the hiring and dismissal of workers after consultation with the Secretary.
(6)
The Harbour Master's performance shall be evaluated by the Minister
by:
(a) the extent to which the Authority has achieved an agreed return on its investment;
(b) customer relationships;
(c) quality of information provided to the Minister; and
(d) such other criteria as provided in his or her contract of service.
14.
FIRE ON BOARD VESSEL
(1) If fire
breaks out on board a vessel in port, the Harbour Master may proceed on the
vessel with such assistance and persons as
he or she considers proper to prevent
danger to other vessels and for the taking of any other measures that he or she
considers expedient
for the protection of life and property, including requiring
the master to take any measures that are deemed necessary (including
leaving the
port) and giving orders to any person capable of rendering
assistance.
(2) if such measures
are not forthwith carried out by the master of any vessel to whom such orders
are given, the Harbour Master may
in person proceed to carry them into
effect.
(3) All expenses incurred
in the exercise of the powers of the Harbour Master under this section shall be
recoverable by the Authority
from the master and owner of the vessel
concerned.
(4) Any person who,
without lawful excuse, refuse or neglects to obey or comply with any order given
under subsection (1) commits
an
offence.
Penalty: Imprisonment for
1 year or a fine of $10,000 or
both.
15 POWER
TO BOARD VESSEL
(1) The Harbour
Master may board any vessel within the port whenever he or she suspects that an
offence against this Part has been
or is about to be committed on any vessel, or
whenever he or she considers it is necessary to do so in the discharge of any
duty
imposed upon him or her.
(2)
The master of a vessel who, without lawful excuse, refuses to allow the Harbour
Master to board that vessel under the powers vested
in subsection (1) commits an
offence.
Penalty: imprisonment for
6 months or a fine of $5,000, or
both.
16. NO
LIABILITY
The Authority is not
liable for any act, omission or default of the Harbour Master or any other
employee in the execution of his or
her duty, except in cases of gross
negligence or
misconduct.
17.
STAFF OF AUTHORITY
(1) The Harbour
Master may from time to time appoint and employ on such term and conditions
workers upon advice and approval of the
Secretary as may be necessary for the
effective performance of its objectives and
functions.
(2) The Harbour Master
may with the approval of the Secretary make Standing Orders or other Rules, not
inconsistent with this Act,
for the manner of appointment, conduct and
discipline, and the terms and conditions of service of the workers for the
Authority.
(3) No employee of the
Authority is personally liable for any act done or omitted to be done in good
faith in the exercise or performance
of the functions, power and duties of the
Authority except in cases of gross negligence or misconduct.
PART 7 – FINANCIAL PROVISIONS
18.
SECRETARY OF FINANCE TO MANAGE FINANCES OF THE
AUTHORITY
(1) The financial
management of the Authority shall be conducted and monitored by the Secretary
for Finance upon consultation with
the Minister or as directed by
Cabinet.
(2) The functions of the
Secretary for Finance shall be to establish and maintain financial accounts and
records of the Authority
in accordance with Generally Accepted Accounting
Principles and in accordance with the provision of this and all other applicable
Acts.
(3) All of the income and
expenditure of the Authority are deemed to be moneys of the Republic and must be
received by and paid from
the Treasury Fund in accordance with law but must be
identified as income and revenue of the Authority to enable its financial
performance
to be readily calculated and
known.
19.
PURPOSE FOR WHICH FUNDS OF AUTHORITY MAY BE
EXPENDED
The revenue of the
Authority shall be paid to and form part of the Treasury
Fund.
20.
ANNUAL OPERATING PLAN AND
BUDGET
(1) Every year the
Authority shall, with the advice and assistance of the Secretary and the
Secretary of Finance, cause to be prepared
an Annual Operating Plan for the
Authority (including financial projections) for the following financial year,
the first year of
which shall from the basis of the following year's operating
plan and budget.
(2) Every year
the Authority shall, with the advice and assistance of the Secretary and the
Secretary for Finance, cause to be prepared
and adopted a budget of the
estimated income and expenditure of the Authority for the ensuing financial
year.
21.
ACCOUNTING PROCEDURES AND FINANCIAL
STATEMENT
(1) The Secretary for
Finance must, keep such proper accounts and records in relation to its business
as the Secretary for Finance
determines, and within 3 months after the end of
each financial year, the Secretary for Finance shall prepare a balance sheet,
income
statement and statement of source and application of funds, and such
other statements of account as are necessary to show fully the
financial
position of the Authority and the financial performance of its operation during
that year.
(2) For the purposes of
this section the value of all assets and liabilities vested in or assumed by the
Authority pursuant to section
10 and 11 of this Act shall be fixed as at the
time of their vesting or assumption at such amount or amounts as may be
determined
by the Minister in consultation with the Secretary for
Finance.
22.
PRESENTATION OF FINANCIAL
STATEMENT
As soon as the financial
statements of the Authority prepared in accordance with Generally Accepted
Accounting Principles have been
completed a copy shall be submitted to the
Minister.
23.
OTHER REPORTS
The Minister may
from time to time require the Authority, through the Secretary, to provide such
management report as he or she may
deem necessary to more fully present the
Authority's operational
performance.
24.
STATEMENT OF ACCOUNTS AND ANNUAL
REPORT
(1) As soon as practicable
after the end of each financial year, but not later than 90 days after the end
of the financial year or
such later date as the Minister may approve, the
Authority stall transmit to the Minister an annual report consisting of
-
(a) a copy of the statement of accounts together with;
(b) a report containing details of the activities of the Authority during the year, including statistical data and year-to-date operational and financial performance compared to Budget and a schedule of assets showing additions and deletions.
(2)
The Minister shall cause copies of the annual report to be laid before the
Parliament at the sitting next after its receipt.
PART 8 – PORT FEES AND RATES
25.
POWER OF AUTHORITY TO LEVY
FEES
(1) The Authority may levy
fees for the use of any of its infrastructure, facilities, assets or equipment,
or the provision of any
service provided by its employees, agents or
sub-contractors.
(2) Such fees
shall be approved by Minister upon advice by the Secretary for Finance and shall
come into effect 30 days after publication
in the Government
Gazette.
26.
FEES
(1) A fee shall be payable by
the owners, operators, charterers or agents of a vessel for services provided by
the Authority at the
port.
(2) A
fee shall be payable to the Authority for a permit to operate stevedoring or
shore handling activities within the jurisdiction,
or under the control, of the
Authority.
(3) The Authority may
charge fees for the use by others of any building or space for the storage of
cargo, containers or
equipment.
(4) Such fees shall be
prescribed by the Authority and shall come into effect upon
publication.
27.
PERSONS LIABLE FOR FEES
(1)
Owners, operators, charters or agents of a vessel shall be liable to pay fees in
respect of any vessel using the port or its facilities
or
services.
(2) Stevedores or shore
handling contractors shall be liable for the payment of permit fees or charges
that may be applied from time
to time by the
Authority.
(3) Any person entitled
to possession of the goods either as owner or agent for the owner shall be
liable to pay any cargo handling
fees.
28.
RATES
The Authority may levy rates
for services not included in the berthage fees for the use of any land, works
and appliances belonging
to it, and for services, goods and facilities provided
by it.
29.
POWERS OF ENTRY ONTO VESSELS
Any
duly authorised employee of the Authority may board and inspect any vessel
within a port in order to ascertain the amount of the
fees or rates payable in
respect thereof after Customs and Immigration clearance has been
given.
30.
RECEIPTS
Receipts for fees and
rates shall be given to the person paying
them.
31.
MARITIME LIENS
Any vessel in
respect of which a receipt for fees and rates payable is not produced, when
demanded by a duly authorised worker of
the Authority may be detained until such
receipt is produced or other satisfactory proof of payments has been given, and
failure
to pay any fees or rates payable under this part shall give rise to a
maritime lien against the vessel or
freight.
32.
LIENS ON CARGO AND GOODS
(1) The
Authority has a lien on cargo and goods for the amount of all unpaid fees and
rates levied under the provisions of this
Act.
(2) The Authority shall be
entitled to seize and detain such cargo and goods until the fees and rates are
fully paid or secured to
satisfaction or the
Authority.
(3) Such lien shall
have priority over all other liens and
claims.
(4) Any stevedore that
releases for delivery any goods, after having received written notice from the
Authority of a lien on the goods,
commits an
offence.
Penalty: $5,000 or an
amount equal to the CIF value of the goods not exceeding
$5,000.
33.
POWERS TO SELL AND DISPOSE OF
GOODS
(1) Subject to this Part, if
any goods that have been placed in or on premises of the Authority are not
removed from there within
a period of 60 days from the time when they were so
placed, the Authority may, at the expiration of that period, sell by public
auction
or otherwise dispose of all or any of such goods as it may deem fit,
provided that-
(a) in the case of goods for which a through Bill of Lading has been produced, there shall be substituted a period of 90 days; and
(b) if the goods are of a perishable nature the Authority may direct their removal within such shorter period, not being less than twenty four hours after the discharge thereof, as it may think fit, and if not so removed, the Authority may sell all or any of such goods by public auction or dispose of them as it may think fit; and
(c) if the goods are perished, decayed or spoilt so as to be unusable, offensive, or a hazard to health, the Authority may summarily destroy or dispose of the goods without notice.
(2)
For the purposes of the last preceding subsection, a sale shall not be rendered
invalid by reason only that it takes place in
any area to which the public is
not admitted as of right.
(3)
Before effecting of sale under this section, the Authority shall give at least 3
days' notice thereof by advertisement in a local
newspaper circulating in Nauru
or through radio or television or by open tender among persons likely to have an
interest in their
purchase unless the goods are of so perishable a nature as in
the opinion of the Authority renders their immediate sale
necessary.
(4) The proceeds of any
sale under this section shall be paid to the Treasury Fund and applied upon
advice and approval of the Minister
in the following order:
(a) first, in payment of any duty or tax owing to the Government by the consignee of the goods sold;
(b) secondly, in payment of the expenses of the sale;
(c) thirdly, in payment of all charges and costs due to the Authority under the provision of this Act in respect of the goods.
(d) fourthly, in payment of freight or other claims or liens of which notice has been given under the provisions of any law; and
(e) fifthly, by paying upon demand any surplus to the person entitled to it, or, if no such claim is made within one year of the date of the sale, the Republic shall retain such surplus and all other rights to it are extinguished.
34.
SHIPPING CLEARANCE TO BE
WITHHELD
Notwithstanding the
provisions of this or any other written law, if the Authority gives to any
public officer, whose duty it is to
grant clearance to any vessel, a written
notice stating that an amount therein specified is due in respect of fees or
rates levied
under this Act in respect of that vessel, that public officer shall
not grant such clearance until the amount due has been paid or
has been secured
to the satisfaction of the
Authority.
35.
EXEMPTION REDUCTION OF FEES AND
RATES
The Harbour Master
may-
(a) exempt any vessel or goods or classes of vessels or goods;
(b) reduce, refund or waive, in whole or in part, any fees or rates payable under this Act
and shall as soon as practicable thereafter submit a written report to the Minister of an exemption, reduction, refunded or waiver and the reason for so doing and at the end of each financial year provide the Minister with a report containing a summary of every such report during the preceding 12 months.
36.
EVASION
(1) If any master, owner
or operator of any vessel or any owner, consignee or consignor of goods, by any
means whatsoever, evades
or attempts to evade any of the fees or rates
chargeable under this Act that person commits an
offence.
Penalty: Imprisonment for
6 months, a fine of $50,000 and in addition an amount that is double the amount
of fees or rates evaded
or attempted to be
evaded.
(2) The tender to or
acceptance by the Authority or any of its workers of any fees or rates the
payment of which has been previously
evaded or left unpaid, shall not release or
discharge any person from his or her liability under the provisions of
subsection (1)
but may be taken into account in
mitigation.
37.
IINTEREST
The Authority may charge
interest upon and advice and approval from the Minister at the rate of 10% per
annum on any account not paid
within 30 days of the invoice being sent and may,
if thought fit, allow a discount on fees for payment within a specified
time.
38.
APPLICATION
This Part does not
apply to naval vessels of any country.
PART 9 - PILOTAGE
39.
PILOTAGE AUTHORITY
The Authority
is the pilotage authority for any pilotage area within the
port.
40.
PILOTGAGE AREAS
(1) The Minister
may by notice published in the Government Gazette proclaim an area within or
adjacent to a port to be a pilotage
area, in which the use of a licensed pilot
shall be compulsory.
(2) The
pilotage areas for the port are those contained within the limits of the
port.
41.
PILTOGAGE
(1) Subject to sections
44 and 45 of this Act, every vessel while navigating in any pilotage area shall
engage the services of a licensed
pilot and the owner, agent or master of the
vessel shall comply with this
requirement.
(2) A vessel while
being moved within any area of the port which is part of a Pilotage Area shall
be deemed to be a vessel navigating
in a Pilotage
Area.
(3) An owner or master who
fails to comply with any provision of this Part commits an
offence.
Penalty: 12 Months
imprisonment or a fine of $10,000 or
both.
42.
EXEMPTION FROM
PILOTAGE
Notwithstanding the
provisions of section 44 of this Act, the Authority may, if it appears to the
Authority to be necessary, exempt
any vessel or class of vessel while navigating
in any pilotage area from being subject to this Part but on such terms and
conditions
as it may think fit to
impose.
43.
COMPULSORY PILOTGAGE
(1)
Notwithstanding the provisions of section 44, any vessel under the command of a
Master holding a valid Pilotage Exemption Certificate
may be exempted from
taking a pilot in a compulsory pilotage
area.
(2) Every overseas vessel of
over 45 meters in length or over 500 gross tons, shall take on qualified pilot
when entering or leaving
a compulsory pilotage
area.
(3) Every overseas vessel of
over of over 35 meters in length or over 200 gross tons, carrying oil or oil
products or hazardous liquid
substances in bulk as cargo, shall take on a
qualified pilot when entering or leaving a compulsory pilotage
Area.
(4) Every vessel which has a
defect in its hull, machinery or equipment which might materially affect its
navigation must take on
a qualified
pilot.
(5) The Minister may by
notice in the Gazette declare any area within a port a Pilot Boarding
Station.
(6) The master of an
inbound vessel shall inform the Authority by giving 72 hours notice of his or
her Estimated Time of Arrival (ETA)
at the pilot boarding station, which shall
be confirmed not less than 4 hours prior to arrival, and provide such
information concerning
the vessel as required by the
Authority.
(7) The master of an
outboard vessel shall advise the Authority at least 6 hours before the estimated
time of departure of the
vessel.
44.
VESSEL TO BE PILOTED BY A
PILOT
(1) No vessel shall be
piloted in a pilotage area by any person other than a licensed
pilot.
(2) Notwithstanding
subsection (1) the Authority may, if it considers expedient, authorize any
person to pilot vessels in a pilotage
area subject to such terms and conditions
as it thinks
fit.
45.
AUTHORITY TO EMPLOY PILOTS
(1)
Subject to the provisions of this Act, and any other enactment the Authority
upon consultation with the Secretary may employ such
number of pilots as it
considers necessary or expedient for the purpose of providing an adequate and
efficient pilotage service.
(2) No
person shall be employed as a pilot in a pilotage area unless that person is in
possession of a valid pilot license issued
by the
Secretary.
(3) No person shall be
issued with a pilot license unless that person has demonstrated competence and
proficiency as a pilot in the
port for which the license is to be
issued.
46.
LICENSED PILOT NOT PERSONALLY
LIABLE
A licensed pilot shall not
be personally liable in any civil proceedings for any:
(a) damage done by him or her;
(b) loss suffered as a result of any act done by him or her; or
(c) failure to do anything required to be done by him or her;
while
acting as a licensed pilot unless that act or omission arose from his or her
gross negligence, wilful neglect or
misconduct.
47.
PRESENCE OF LICENSED PILOT NOT TO DIMINISH RESPONSIBILITY OF
MASTER
(1) Subject to the
authority of the master of a vessel, the duty of a licensed pilot is to safety
pilot the vessel.
(2) The master
of a vessel is not relieved of his or her responsibility for the conduct and
navigation of the vessel by reason of
the vessel being in the charge of a
licensed
pilot.
48.
OWNER AND MASTER LIABLE FOR
DAMAGE
The owner and the master of
a vessel shall be jointly and severally liable in civil proceedings for any loss
or damage caused by the
vessel, or as a result of any fault in the navigation of
the vessel, notwithstanding that a licensed pilot was, or was required to
be, on
board the vessel at the time that the loss or damage was
caused.
49.
CIVIL LIABILITY FOR LOSS OR
DAMAGE
The Republic, the Authority
or any employee shall not be liable in any civil proceedings for any damage done
or any loss suffered
as a result of any act or omission on the part of a
licensed pilot under this Part while acting as pilot of a vessel.
PART 10 – DANGEROUS GOODS
50.
DANGEROUS GOODS
(1) The Authority
shall ensure the safe movement, loading, discharging, handling and storage of
dangerous goods within a port and
may stipulate the conditions under which
dangerous goods may be
handled.
(2) In particular without
limiting the generality of the foregoing, the Authority may by Standing Order or
Code of Practice:
(a) declare any goods to be dangerous;
(b) direct the navigation and place of berthing of any vessel;
(c) require dangerous goods to be stowed in containers and on board vessels in accordance with the International Maritime Dangerous Goods (IMDG) Code;
(d) issue orders for the operation and control of lightening, landing, loading, discharging, conveying, storing and handling of dangerous goods;
(e) prohibit, or permit unconditionally, or subject to conditions and restrictions the movement storage, or stowage of any kind of dangerous goods with any other goods;
(f) direct the times at which dangerous goods may be moved, stored or stowed;
(g) take such steps as it deems necessary to protect persons and property from danger.
PART 11 - OFFENCES
51.
PENALTY FOR OBSTRUCTING
AUTHORITY
Any person who hinders,
obstructs or molests any worker, agent or contractor of the Authority in the
performance and execution of
his or her duty or of anything which he or she is
empowered or required to do by virtue or in the furtherance of the objectives,
functions and powers of the Authority, commits an
offence.
Penalty: 6 months
imprisonment or a fine of $5,000 or
both.
52.
REPORTING FALSE INFORMATION
Any
person who makes, either knowingly or recklessly, any statement that is false in
any material particular in any return, claim
or other document, which is
required or authorised to be made by or under the provisions of this Act commits
an offence.
Penalty: 6 months
imprisonment or a fine of $5,000 or
both.
53. FALSE
INFORMATION AS TO VESSEL
CHARACTERISTICS
Any master, owner
or agent of a vessel entering or leaving a port or coming alongside or departing
from a wharf in a port who gives
false information of the tonnage, draught,
length or beam of such vessel to any worker of the Authority authorised to
ascertain the
same commits and
offence.
Penalty: 2 years
imprisonment or a fine of $20,000 or
both.
54.
WILFUL DAMAGE TO PORT WORKS AND
PROPERTY
Any person who wilfully
removes, breaks, destroys or in any other way damages or injures any port works
or any property belonging
to the Authority or who hinders or wilfully prevents
such port works or property from being used or operated in the manner in which
it is intended to be used or operated commits an
offence.
Penalty:
(a) 2 years imprisonment or a fine of $20,000 or both and
(b) in addition by way of compensation to the Authority payment of such sum as the Court may determine.
55.
OFFENCES IN CONNECTION WITH SAFETY OF
VESSEL
Any person who in any
port-
(a) wilfully without lawful excuse loosens or removes from its moorings or from its fastenings in or alongside any anchorage or wharf, any vessel without leave or authority from the master or owner of such vessel or person in charge or such anchorage or wharf; or
(b) without the permission of the Authority or any lawful excuse discharges any firearm except for the purpose of making a signal of distress or for other lawful purpose; or
(c) moves, damages or otherwise interferes with any navigation mark; or
(d) fumigates by whatever means any vessel in the port, or boils or heats any pitch, tar, resin, turpentine oil or other inflammable oils or liquids of any kinds on board any vessel; or carries out any welding or cutting using gas or electrical appliances without the permission of the Authority; or
(e) uses a naked light when drawing off spirits, turpentine oil or other inflammable oils or liquids of any kind on board any vessel; or
(f) disables a vessel while berthed or uses welding equipment for repairs at a berth, unless granted permission in writing by the Authority under such terms that may be set by the Authority;
commits an offence.
Penalty: 2 years imprisonment or a fine of $20,000, or both.
56.
POLLUTION WITHIN PORT
(1) Every
person commits an offence against this Act who throws, discharges, deposits,
causes, suffers, or allows to be thrown, discharged,
or deposited any harmful
substance into any waters of a
port.
(2) It shall be a defence to
any prosecution under subsection (1) of the section if the defendant proves that
the action complained
of was necessitated by reason of an emergency imperiling
life, or was caused by an unavoidable accident, collision or
stranding.
(3) Every person who
contravenes any provision of this section commits an
offence
Penalty:
(a) 2 years imprisonment or a fine of $20,000 or both; and
(b) in addition such amount as the Court may assess in respect of the expenses and costs that have been incurred or will be incurred in removing or cleaning up or dispersing any harmful substance to which the offence relates.
(3)
For the purpose of this section, "harmful substance" means any substance which,
if introduced into the sea, is liable to create
hazards to human health, to harm
living resources and marine life, to damage amenities or to interfere with other
legitimate uses
of the
sea.
57.
HARBOUR MASTER OR OTHER EMPLOYEES RECEIVING OTHER
PAYMENTS
(1) The Harbour master or
any employee who accepts a payment or anything having pecuniary value from any
person directly or indirectly
connected with his or her employment with the
Authority commits an
offence.
Penalty: a fine of
$5,000.
(2) Any person referred to
in subsection (1) who solicits for himself or herself or for any other person a
payment or pecuniary benefit
from a person who has contracted for services to
the Authority.
Penalty: a fine of
$2,000.
(3) A person who intends
or is in the course of or who has received services from the Authority in
accordance with this Act who offers
or pays to an employee of the Authority any
money or pecuniary benefit commits an
offence.
Penalty: a fine of
$10,000.
PART 12 – MISCELLANEOUS PROVISIONS
58.
MASTER, OWNER LIABLE FOR
DAMAGE
(1) In every case in which
any damage is sustained to any property of the Authority by any vessel or by any
person employed thereon,
the cost of making good the damage may be recovered by
the Authority from the master, the person in charge of the vessel, the owner
or
the agent.
(2) The Authority may
detain any such vessel until the cost of making good the damage has been paid or
security in an amount and in
the form agreed by the Authority has been paid into
the Supreme
Court.
59.
POWER TO DETAIN
(1) Any worker of
the Authority may arrest and detain any person found committing, or whom he or
she has reason to believe has committed
an offence under this
Act.
(2) A person detained under
this section shall forthwith be handed over to the
Police.
60.
EVIDENCE OF IDENTITY
Any employee
of the Authority who reasonably believes that any person has committed an
offence against the provisions of this Act
may require that person to furnish
evidence of identity. Any such person who refuses to furnish such evidence or
who wilfully misstates
such information commits an
offence.
Penalty: 3 months
imprisonment or a fine of $1,000 or
both.
61.
CONFIDENTIAL DOCUMENTS
(1)
Documents that are marked "Given in Commercial Confidence" or "Commercially
Confidential" shall not be accessible to the general
public and must not be
published to any person not entitled to sight
them.
(2) Notwithstanding
subsection (1), the Minister may order the release of documents referred to in
subsection (1) if in his or her
opinion they are not commercially sensitive and
it is in the public interest to do
so.
62.
APPARATUS NOT SUBJECT TO
DISTRESS
When any apparatus or
equipment belonging to the Authority is in a place outside the property of the
Authority, such apparatus or
equipment shall not be subject to distress nor be
taken in execution of any legal process against any other
person.
63.
REGULATIONS
Cabinet may make
Regulations for giving effect to and carrying out the purposes of this
Act.
64.
STANDING ORDERS AND CODES OF
PRACTICE
(l) So long as they are
not inconsistent with any rules or Code of Practice issued by the Authority, the
Minister may make Standing
Orders and Codes of Practice for the management,
control and maintenance of, and for the preservation of the good condition of
the
port and generally for giving effect to and carrying out the purposes of
this Act and in particular, and without prejudice to the
generality of the
foregoing, may make Standing Orders and Codes of Practice in respect of the
following matters:-
(a) regulating vessel and vehicular traffic;
(b) prescribing all such things as may be necessary with respect to harbour lights, buoys, beacons and signals and preventing and providing for the removal of obstructions or impediments to navigation;
(c) designating, declaring, defining and regulating the operation of wharves and ferry terminals on and from which goods shall be discharged from or loaded on or into vessels and the manner in which and the conditions under which such discharging and loading shall be carried out, and for varying the position of vessels discharging or loading;
(d) regulating the erection or construction of wharves and ferry terminals in a port or encroaching in any way on the waters thereof;
(e) providing minimum standards for machinery and appliances (other than machinery and appliances carried on a vessel) used in loading or unloading of goods;
(f) keeping free passages of such width as it considers necessary within a port and along or near to the wharves, passenger jetties, moorings and other similar works in or adjoining the same and for marking out the spaces so to be kept free;
(g) regulating the anchoring, fastening, mooring and unmooring, and warping of all vessels and the use of wraps, mooring buoys, chains and other moorings and the granting of permission, on such conditions as the Authority may think fit for the keeping or placing of anchors or private moorings or buoys;
(h) regulating the use of anchorages, wharves and ferry terminals and the movement of vessels, persons and vehicles and preventing obstruction at anchorages and on wharves and ferry terminals and ensuring the safety of the same and any cargo thereon;
(i) regulating the use by vessels of whistles, sirens and other like instruments and the signals to be used and measures to be taken in case of fires in a port;
(j) enforcing and regulating the use of navigation lights signals and signal lights by vessels and the steps to be taken by vessels navigating in the waters of a port for the avoidance of accidents;
(k) requiring the master of every vessel to report his or her arrival, to produce the Certificate of Registry on demand, and to deliver a copy of every bill of lading or manifest of the cargo or other account of goods intended to be discharged, and to deliver a list of the number and description of each container intended to be delivered to the port;
(l) specifying the information to be supplied by the masters, owners and other persons in respect of vessel arriving and departing, and of goods loaded or discharged in a port, and the time and manner in which such information to be discharged;
(m) supervising, regulating and controlling stevedoring and other activities carried on within a port and if it thinks fit, providing for the licensing thereof;
(o) prohibiting the loading or discharging of dangerous goods from a vessel or the movement within a port area, except in accordance with the International Maritime Dangerous Goods Codes or any Standing Orders, Codes of Practice incorporated in any special Port Rules prescribed by the Authority;
(p) regulating the reception, storage and removal of goods within and from the premises of the Authority, and for declaring the procedure to be followed for taking charge of goods which have been damaged before discharge or are alleged to have been so damaged;
(q) regulating the examination and checking of any vehicle, case, bag or luggage where there is reason to believe that any person has in his or her possession any goods on which duties or fees have not been paid;
(r) regulating towage of or other assistance to vessels and the terms and conditions of such towage or assistance;
(s) regulating the keeping clean of basins and other works of the Authority and the waters of any port and preventing oil, rubbish or other things being discharged or thrown or entering therein or thereon;
(t) providing reception facilities as required by the International Convention for the Prevention of Pollution at Sea (MARPOL 73/78), arranging for the provision of these facilities by the private sector wherever possible, and ensuring that these services are provided in a timely manner;
(u) prescribing the terms and conditions for the sale and supply of fresh water by the Authority;
(v) providing for the cleaning, fumigating, and disinfecting of building, wharves, vessels and cargo;
(w) regulating the safe and convenient use of the wharves ferry terminals, landing places and buildings maintained by the Authority;
(x) regulating the use in Port of motor launches, yachts, pleasure craft, surf boards jet-skies and water skis;
(y) regulating the time when fees on goods shipped or received are to be payable;
(z) settling the mode of payment of fees or rates chargeable under this Act, facilitating their collection and preventing their evasion;
(aa) ensuring that perimeter fencing is erected where required to ensure that trespassers are excluded and that adequate security is provided to ensure that all goods within the port area are properly safeguarded and not liable to theft and/or damages;
(bb) prohibiting and operation which in the opinion of the Authority is undesirable.
(2)
The Authority may, with the approval of the Minister, exempt any vessel
or
any class or description of vessel
from all or any of the provisions of any Standing Orders, Rules or Codes of
Practice made pursuant
to the last proceeding
subsection.
65.
ACT TO BIND THE REPUBLIC
This Act
binds the Republic.
I
hereby certify that the above is a fair print of a Bill for an Act entitled
Port Authority Act
2006, has been passed by Parliament of
Nauru and is now Presented to the Speaker for his Certificate under Article 47
of the
Constitution.
.........................
Clerk
of
Parliament
17th
June 2006
Pursuant to Article 47
of the Constitution,
I, VALDON K.
DOWIYOGO, Speaker of Parliament,
hereby
certify that the
Port Authority Act
2006 has been passed by Parliament of
Nauru.
.........................
Speaker
17th
June 2006
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