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Harbours Ordinance

LAWS OF TUVALU
REVISED EDITION 1978


CHAPTER 88


HARBOURS


ARRANGEMENT OF SECTIONS


Section

PART I
PRELIMINARY


l. 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. If 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
11 of 1987
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 utilization 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 limits 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 of the port of which he is harbour master.


Minister may also appoint harbour master 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 directions


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$100 and in default of payment thereof to imprisonment for 3 months.


Powers of harbour master to move vessels


10. If the master of any vessel within the port does not moor, unmoor, place or remove such vessel according to the directions 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 $400 and in default of payment thereof to imprisonment for 9 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 $400 and in default of payment thereof to imprisonment for 9 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 Tuvalu, and if the harbour master or pilot is so taken the master shall be liable to a fine of $1000 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 Minister may grant certificates of competency to persons duly qualified and license pilots for the purpose of taking ships within such of the waters of Tuvalu 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 Minister 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 licence


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 Minister 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 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 $1000 and the Minister 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.


(2) Subsection (1) applies in relation to dangerous goods (as defined in section 59 of the Merchant Shipping Act 1987) as it applies in relation to gunpowder.


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 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 Minister 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 Tuvalu 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 purposes


31. The Minister may by notice set apart any area within Tuvalu 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 lights


32. The harbour master or any person acting under authority of the Minister may at any time pass and repass without hindrance over any land in Tuvalu wheresoever situated in the execution of his duty in relation to 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 lighthouse, beacons or other work in connection with the navigation of the waters of Tuvalu 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 Minister 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 Minister 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 vessels 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 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 maybe 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 $1000 or in default of payment thereof to imprisonment for 12 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 destroying of lights, outside harbours


46. Every person commits an offence who does or causes to be done any of the following things anywhere within Tuvalu -


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 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, lighthouse, shed, building or any harbour work whatsoever or any part thereof constructed or in course of construction by or under the authority of the Government.


Discharging sewage without permission offence


48. Every person commits an offence who permits any privy to discharge into the waters of a harbour or casts or discharges or an 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 Tuvalu 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 Regulations 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

Place declared to be a harbour under section 4


L.N. 3/66
L.N. 6/66
FUNAFUTI, being all that area within the following limits, that is to say, bounded by a line commencing at Beacon No. 17 shown on Admiralty Chart No. 2983 (Large Correction 25th July 1952) as being 8 degrees 31 minutes 41 seconds latitude South and 179 degrees 12 minutes 22 seconds longitude East (which point is hereinafter referred to as "the point of commencement"); and thence in a straight line on a true bearing of 229 degrees to a point 0.49 nautical miles distant from the point of commencement; and thence in a straight line to a point on a true bearing of 262 degrees and a distance of 2.40 nautical miles from the point of commencement; and thence in a straight line to a point on a true bearing 3051/2 degrees, and a distance of 2.90 nautical miles from the point of commencement; and thence in a straight line to a point on a true bearing of 006 degrees, and a distance of 1.69 nautical miles from the point of commencement; thence in a straight line to a point on a true bearing of 029 degrees, and a distance of 0.19 nautical miles from the point of commencement; and thence in a straight line from the last mentioned point of commencement.

Appointment of harbour master and port officer under section 5.


G.N. 43/79


The Minister has appointed the Assistant Secretary, Communications and Transport, to be harbour master and port officer of Funafuti Harbour.


Wharves declared to be Government wharves under section 35.


G.N. 48/80


The Minister has declared that the wharf on Funafuti situate to the north of the village of Funafuti in the area sometimes known as Tegie is a Government wharf for the purposes of the Ordinance.


The Minister has further declared that an area surrounding the said wharf and extending for a distance of 150 yards in all directions from the edge of the said wharf shall be the purlieus of such wharf.


Regulations under section 53


G.N. 137/58
L.N. 37/69
8 of 1971
3 of 1972
L.N. 37/72
HARBOURS REGULATIONS

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


4. (1) Licences for pilots granted under the provisions of section 15 shall be in Form 1 set out in the Schedule and each licence shall specify the area or port for which it is granted.


(2) Before any such licence may be granted the applicant therefor shall be required to satisfy the Minister 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 the Schedule, 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 the 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.


______


SCHEDULE


(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

Date ..............................................
Pilot

______


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

_______


WHARFAGE AND HARBOUR DUES AND
PORT CHARGES REGULATIONS


L.N. 7/87


Citation


1 These Regulations may be cited as the Wharfage and Harbour Dues and Port Charges Regulations 1987.


Wharfage and harbour dues and Port Charge


2. (1) The prescribed scale of wharfage dues on vessels berthed at a Government wharf is set out in Part A of the Schedule.


(2) The prescribed scale of wharfage dues on goods loaded or discharged at a Government wharf is set out in Part B of the Schedule.


(3) The prescribed harbour dues in respect of all goods loaded or discharged in a harbour are set out in Part C of the Schedule.


(4) The prescribed port charges on all vessels being in a harbour, whether plying for hire or otherwise, are set out in Part D of the Schedule.


SCHEDULE


WHARFAGE AND HARBOUR DUES AND PORT CHARGES


PART A


Wharfage dues on vessels berthed at a Government wharf


Overseas vessel (including pleasure craft) berthing at any Government wharf in the harbour
-
for each period of 24 hours or part of such period for which the vessel remains berthed at the wharf, 10 cents per foot of length specified in the vessel’s certificate of sea-worthiness.

PART B


Wharfage dues on goods loaded or discharged at a Government wharf



$
Motorcycle
4.00 each
Motor car
20.00 "
Tractor, trailer or truck
25.00 "
Bicycle
0.50 "
Canoe
3.00 "
Boat, launch
20.00 "
44 gallon drum (empty)
0.50 "
44 gallon drum (full)
1.00 "
4 gallon drum (empty or full)
0.40 "
Bush poles
0.50 "
Handcrafts
10.00 per cubic metre
General cargo
8.63 per cubic metre or tonne, whichever is greater.

PART C


Harbour dues on goods loaded or
discharged in a harbour


1. General cargo


(a) Stevedoring of break bulk cargo from vessel’s hold to wharf transit shed /or from wharf/transit shed to vessel’s hold
-
$ 10.00
per cubic metre or tonne, whichever is greater.


(b) Stevedoring of container from vessel’s hold to wharf/ transit shed or from wharf/ transit shed to vessel’s hold
-
$117.00
FCL or LCL



(c) Lighterage if vessel at anchor
-
$2.50
per cubic metre or tonne, which ever is greater


(d) Delivery charge if taken from wharf/transit shed (not including Government cement shed) to consignee’s warehouse (including Government cement shed) greater.
-
$ 2.00
per cubic metre or tonne, whichever is greater.


(e) Loading private cargoes using Government equipment
-
$2.00
per cubic metre or tonne, whichever is greater.


2. Refuelling vessels by 500 gallon tank
-
$ 7.00
per 500 gallons


3. Water
-
$ 0.75
per 100 gallons


4. Hire charges



Tractor

$ 11.34 per hour
Crane

$ 23.16 per hour
Forklift truck

$ 18.81 per hour
Trailer

$ 1.36 per hour
Tarpaulin

$ 5.00 per day


PART D


Port charges



1.
All vessels (except pleasure craft) entering or berthing in a harbour
-
for each period of 3 months, 5 cents per gross registered ton of the vessel (to be paid on the first visit of the vessel during the period).


2.
All pleasure craft entering or berthing in a harbour
-
for each day or part of a day for which the pleasure craft remains in the harbour, 50 cents.

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