Wharves Act

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SECTION
1. Short title.
2. Interpretation.
3. Administration.
4. Wharfage dues to be paid.
5. Schedule may be altered.
6. Exemption from dues.
7. Landing permits.
8. Wharfage dues to be paid at time of entry.
9. Goods obstructing wharf may be removed.

10. Where neglect or refusal to pay dues goods may be seized.
11. Goods seized may be destroyed.
12. Goods, etc., may be removed.
Persons may be ordered to leave the wharf.
13. Penalty for resisting officers.

14. Storage rates to be levied.
15. Government sheds.
16. Schedule may be altered.

17. Tonnage duty chargeable on vessel lying alongside wharf.
18. Where tonnage shall be that specified in vessel's register.
19. Vessels not permitted to go alongside wharf except with permission of harbour master.
20. Proceedings in respect of offences and penalties, etc.
21. Appropriation of moneys received.

Acts Nos. 30 of 1903, 3 of 1922, 4 of 1922, 17 of 1927, 10 of 1947, 13 of 1950, 14 of 1976, 11 of 1981, 23 of 1981, 15 of 1982, 15 of 1984, 6 of 1985, G. S. 3/81, G. S. 1/82, G. 141/82.

AN ACT TO PROVIDE FOR THE MANAGEMENT OF GOVERNMENT WHARVES AND FOR LEVYING DUES

"day" means any consecutive period of 24 hours, provided that the Sabbath Day or any part thereof shall not count for this purpose unless work actually takes place thereon;

"Government wharf" means any wharf declared or proclaimed as such by subsection (2).

(2) The wharves at Nuku'alofa, Lifuka, Neiafu and the wharf* at 'Eua called "Nafanua" are hereby declared as Government wharves and the Prime Minister may by Proclamation declare a wharf as a Government wharf.

3. The Controller of Customs shall be charged with the general administration of this Act.

4. When any of the goods, animals or things enumerated in Schedule A hereto are imported into or exported from Tonga there shall be levied, collected and paid the wharfage dues in such Schedule specified whether such goods are shipped from or landed on a Government wharf or elsewhere.

5. His Majesty the King may from time to time by Order in Council alter the rates specified in Schedule A hereto or may add to such Schedule any other goods, animals or things and such Order in Council when published in the Gazette shall have the force of law.

6. South Sea island produce when imported into Tonga for export shall not on account of such landing be liable to the payment of any wharfage dues.

7. All goods, animals or things imported into or exported from Tonga shall be landed or shipped from a Government wharf unless the Prime Minister or an officer of Customs duly authorized by him shall on special application being made give permission in writing for the landing of any goods, animals or things elsewhere than at a Government wharf.

8. Payment of wharfage dues upon imported goods shall be made at the time when the entry of such goods is passed at the Custom House.

9. If any goods landed at a Government wharf or brought there for shipment shall be allowed to remain on such so as to impede the traffic thereon it shall be lawful for the Collector or other officer of Customs to cause such goods to be removed and stored at the expense of the consignee or shipper.

10. Any goods in respect of which there shall be any neglect or refusal to pay the dues appointed to be paid by this Act 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 and the surplus if any after such payments have been made shall be paid into the Treasury and if not claimed by the owner of the goods aforesaid within 12 months shall be forfeited to the Crown.

11. Should any goods as aforesaid be unsaleable or should their condition or value be such that the proceeds of sale would not in the opinion of the Controller of Customs pay the necessary expenses of sale by public auction such goods may be destroyed and neither the owner thereof nor any person or persons shall have any claim against any officer of Customs nor against the Crown for the destruction of such goods.

12. Whenever it shall appear necessary to any officer of Customs or police officer it shall be lawful for them to cause to be removed any case or package or vehicle found upon any Government wharf and also to prevent any person from coming thereon and also to order any person already there to leave and any person neglecting or refusing to leave such place when requested so to do may be taken into custody without a warrant by any such officer of Customs or police officer and shall upon conviction before any magistrate be liable to a fine not exceeding $2 or in default to imprisonment for a term not exceeding 21 days.

13. Any person assaulting, resisting, interfering with or interrupting any officer of Customs in the discharge of his duties in connection with this Act shall be liable on conviction in a summary manner to a penalty not exceeding $40 or in default to imprisonment for a term not exceeding 3 months.

14. There shall be collected and paid in respect of the storage of copra in Government sheds and in respect of the use of Government trucks the fees set out in Schedule B.

15. The storage of any goods or merchandise in Government sheds shall be at the consignee's risk except where any loss or damage is due to Government negligence. (Inserted by Act 23 of 1981.)

16. His Majesty the King may from time to time by Order in Council alter the rates mentioned in Schedule B or prescribe rates in respect of the storage of any goods or merchandise in Government sheds or the conveyance of the same along the Government wharves by means of vehicles other than Government trucks.

17. When any vessel of a measurement of not less than 2 tonnes shall be placed alongside a Government wharf there shall be collected and paid in respect of such vessel before obtaining her clearance or before she sails beyond the harbour in which such wharf is situated a duty per tonne as specified in Schedule C:

Provided that the Prime Minister may in the case of regular traders commute such duty for any period not exceeding one year on the payment in advance of such sum and upon such other conditions as he may deem expedient in the particular case. (Amended by Act 15 of 1982.)

18. The measurement of any registered Tongan vessel or the vessel of any foreign country which has adopted the rules concerning the measurement of tonnage approved by the British Imperial Act of seventeen and eighteen Victoria Chapter one hundred and four shall be deemed to be that specified in the register. The measurement of the vessel of any country that has not adopted such rules shall in the case of any dispute be determined by some competent person to be appointed by the Controller of Customs. In the case of unregistered vessels the measurement shall be determined by the harbour master.

Vessels not permitted to go alongside wharf except with permission of harbour master.

19. It shall not be lawful for any vessel to go alongside of or make fast to any Government wharf except with the permission of the harbour master or chief officer of Customs and the master or person in charge of any vessel who shall fail to comply with the provisions of this section shall on conviction be liable to a penalty not exceeding $20 or in default to imprisonment for a term not exceeding 14 days.

20. All offences against this Act may be prosecuted by the police and all fines, penalties, dues and other moneys may be recovered at the suit of the Minister of Police or the Controller of Customs.

21. All fees, dues, fines and other moneys received under this Act shall be paid into the Treasury for the benefit of the general revenue.

Anchors, Cables, Chain, per 100 Kilograms or part thereof	.60
Bags or Sacks (Including Coconut Meals, Desiccated Coconut and Kava, Excluding cement) containing up to and including 5 kilograms	.05
Over 5 kilograms but not more than 25 kilograms	.15
Over 25 kilograms but not more than 30 kilograms	.25
Over 30 kilograms	.35
Ballast, Ships, Other than Iron per Tonne or Part Thereof	.40
Bananas, Per Package or Bunch	.05
Barrels, of not more than 50 Litres capacity, each	.30
Over 50 Litres capacity each	.60
Bicycles and Tricycles, each	.50
Boats, Launches, Yachts, per metre or over all measurement	2.00
Boilers (Engine) per 100 kilograms or part thereof	.60
Bricks, Tiles, Slates, per 100 or part thereof	.30
Candlenuts, per Tonne or part thereof	.50
Carboys or Jars, if containing a Corrosive liquid, even when protected by a wicker basket or otherwise, each	1.00
If non corrosive, each	.35
Carts, each	3.00
Cement in paper bags each	.20
Coal or coke, per tonne or part thereof	.55
Copra, per tonne or part thereof	.25
Doors, each	.30
Drums, same as Barrels except for copra driers, each	.05
Engines and Machinery per 100 kilograms or part thereof	.60
Fungus, per tonne or part thereof	.50
Goods imported as the property of or for the use of the reigning Monarch Free Goods imported for the use of Government Free Goods imported as charitable gifts, admitted as such by the Collector of Customs, by any organisation approved by the Controller of Customs and certified by the head of such organisation that such goods are for free distribution	Free
Hides each	.10
Iron, in bar, red, pig, rail per 100 kilograms or part thereof	.40
Livestock, horse, mule, ass, ox, each	1.00
Sheep, pig, goat, each	.50
Motor vehicles: Motor car each	6.00
Motor cycle each	1.50
Motor Lorry or van up to and including point 5 tonne capacity each	6.00
Over point 5 tonne capacity, each	8.00
Oars, per pair	.20
Perambulators, each	.50
Petroleum products in bulk per 1000 litres or part thereof	6.00
Pianos, or similar musical instrument each	3.00
Pineapples, as for Bananas. Produce not otherwise enumerated, for export as for Bananas	.00
Spars per meter or part thereof	.20
Shooks, per 100 or part thereof	.15
Soap (manufactured in Tonga) in packages containing up to and including 5 kilograms	.05
Over 5 kilograms but not more than 25 kilograms	.15
Over 25 kilograms but not more than 30 kilograms	.25
Timber, per cubic metre or part thereof	1.50
Water melons, each	.02
Water tanks, when imported empty, each when used as container for goods same crate as for packages not otherwise specified	3.00
Wheel Barrows, each	.80
Packages not otherwise specified not exceeding one cubic metre for each point two (0.2.) cubic metres or part thereof	.30
Exceeding one cubic metre for each cubic metre or part thereof	1.50

For the first and subsequent weeks or part thereof per tonne ...............0.10

Packages not exceeding one cubic metre for each point two (0.2) cubic metre or part thereof-$0.25 per day for the first week.

Packages exceeding 1 cubic metre for each cubic metre or part thereof $1.25 per day for the first week.

Containers stored at open areas at Queen Salote Wharf shall be charged per unit per day or part thereof after the third day as follows:

Tonnage duty is payable on Gross Registered Tonnage (GRT) of each vessel per 12 hour period or part thereof. There is a minimum charge of $4.00 per docking. Vessels under 15 gross registered tonnes are exempt.

Vessels which arrive in Tonga in the course of a scheduled cruise and which may only embark or disembark passengers.

All other vessels ......................................................$0.02 per GRT

Provided that in the event of Cruise Ships belonging to the same Shipping Line making a total of between one and four visits in a calendar year only 75% of the Tonnage Duty will be charged for such visits and further provided that if such ships make between five and eight visits in a calendar year only 50% of the Tonnage Duty shall be charged for such visits and for visits in excess of eight in a year, Tonnage Duty of 17½% shall be charged for such visits.

Tonga Consolidated Legislation

Wharves Act