首页 > 法律法规 > 正文>
斐济海港管理法
Sea Ports Managent Act
【发布部门】斐济国会 【发文字号】
【发布日期】2016年02月11日 【实施日期】2005年06月29日
【时效性】现行有效 【效力级别】法律
【法规类别】斐济法规规划 【来源】联合国粮农组织网站

斐济海港管理法

【法律沿革】

本法于2005年6月9日经斐济参众两院通过,由斐济总统2005年6月29日颁布实施,之后历经2010年、2016年部分修改。

【内容介绍】

本法目的是废除斐济群岛海事和港口管理局的法令,并为管理海港和有关事项做出规定。共分14部分,计55条,包括港口和港口准入、海港管理、资产与负债的转让、港口管理公司的财政、规费和利率、港口使用许可、其他的港口管理功能和活动、港口规则、港口管理公司的责任与违法、港口有限责任公司的私有化、废止、过渡与保留的规定、其他等。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC088450


《海港管理法》(Sea Ports Managent Act 2005


PART I - PRELIMINARY

Short title andcommencement

1.-(1) This Act may becited as the Sea Ports Management Act 2005.

(2) This Act comes intoforce on a date appointed by the Minister by notice in the Gazette.

Interpretation

2. In this Act, unless the context otherwiserequires -

"approaches to a port" means any area orplace declared or deemed to be an approach to a port for the purposes ofthis Act under section 5;

"Board of Directors" means the Board ofDirectors of a port management company;

"Chief Executive Officer" means the ChiefExecutive Officer of a port management company;

"Commerce Commission" means the CommerceCommission constituted under Part 2 of the Commerce Act 1998;

"dock" includes dry-docks and theentrances to a dry-dock, graving docks, gridirons, slips, keel blocks, inclinedplanes, and all machinery, works, fixtures and things whatsoever attached to orpertaining to these things;

"dues" means any of the dues payable to aport management company under Part 6;

"Fiji IslandsMaritime Safety Administration" means the Fiji Islands Maritime and SafetyAdministration responsible for the administration of the Marine Act;

"goods"includes animals, carcasses, baggage and other movable personal property of anykind;

"owner" whenused -

(a) in relation togoods, includes any person being or holding himself out to be the owner,importer, exporter, consignor, consignee, shipper, agent or person possessedof, or beneficially or potentially interested in or having any control of orpower of disposition over goods; and

(b) in relation to avessel, includes -

(i) every person actingas agent for the owner of the vessel;

(ii) any personentitled to receive freight charges or other charges payable in respect of thevessel;

(iii) any part-owner ofthe vessel;

(iv) any charterer,operator, consignee and a mortgagee in possession of the vessel, and any agentof these persons;

"port" meansany port declared or deemed to be a port for the purposes of this Act undersection 5;

"Port Master"means any Port Master authorised by the Fiji Islands Maritime SafetyAdministration to be a Port Master for any port, and includes any Deputy PortMaster or public officer acting in the capacity of Port Master or lawfullyperforming the functions of that office;

"port managementcompany" means -

(a) where the referenceis to the port management company referred to in section 6(1), the Fiji PortsCorporation Limited, or any other port management company replacing the FijiPorts Corporation Limited in accordance with section 6(2); and

(b) where the referenceis to any other port management company established under section 6(2), thatother port management company;

"rates" meansany of the rates chargeable by a port management company as provided by Part 6;

"ReorganisationCharter" means the Reorganisation Charter of the Maritime and PortsAuthority of The Fiji Islands and the Ports Terminal Limited leading to theincorporation of a Government Commercial Company known as Fiji PortsCorporation Limited and the privatisation of Ports Terminal Limited (aGovernment Commercial Company), approved by virtue of the Public Enterprise Act1996;

"repealedAct" means the Maritime and Ports Authority of the Fiji Islands Act (Cap.181);

"vessel"includes a floating rig or platform used in any form of operation at sea;

"warehouse"includes any warehouse or other building belonging to or under the control of aport management company, in which goods may be lawfully placed;

"wharf"includes a quay, pier, jetty, landing place or similar place at or from whichpassengers or goods may be taken on board or landed from a vessel.

Inconsistency with thePublic Enterprise Act

3. If there is anyinconsistency between this Act and the Public Enterprise Act 1996, the PublicEnterprise Act 1996 prevails to the extent of inconsistency.

Objectives of this Act

4. The objectives ofthis Act are -

(a) to make provisionfor the effective management of sea ports;

(b) to give effect tothe reorganisation of the management of sea ports under the Public EnterpriseAct 1996;

(c) to create orenhance opportunities for competition in the provision of port services;

(d) to clarify theoperational and regulatory responsibilities to be vested in a port managementcompany and the Fiji Islands Maritime Safety Administration; and

(e) to facilitate theprivatisation of Ports Terminal Limited in accordance with the ReorganisationCharter.

 

PART 2 - PORTS AND PORT APPROACHES

Declared ports andapproaches to ports

5.-(1) The ports andapproaches to ports declared under section 3 of the Maritime and PortsAuthority of The Fiji Islands Act (Cap. 181) and current as at the commencementof this Act shall be deemed to be ports and approaches to ports for thepurposes of this Act.

(2) The Minister may,after consultation with the Director of the Fiji Islands Maritime SafetyAdministration, the Native Fisheries Commission and the Chief Executive Officerof a relevant port management company and any other person he considersnecessary, and by notification in the Gazette -

(a) declare any placeand any navigable river or channel leading into such place to be a port for thepurposes of this Act;

(b) declare any area ornavigable river or channel adjacent to a port to be the approaches to such aport for the purposes of this Act; and

(c) vary or revoke anydeclaration under this subsection, or any aspect of a declaration referred toin subsection (1).

(3) The Minister may,by notice in the Gazette, approve the publication of any map or description ofthe area of any port or the approaches to any port, and judicial notice shallbe taken of any such publication.

 

PART 3 - MANAGEMENT OF SEA PORTS

Port ManagementCompanies

6.-(1) Responsibilityfor the management of the ports of Suva, Lautoka, Malau, Levuka and any otherport, and the approaches to those ports, are vested in Fiji Ports CorporationLimited.

(2) Nothing in thissection prevents the further reorganisation of the management of sea ports inaccordance with the Public Enterprise Act by -

(a) the formation ofany other port management company in accordance with the Public Enterprise Act1996; and

(b) the vesting in sucha port management company of responsibility for the management of -

(i) any of the portsmanaged by Fiji Ports Corporation Limited under subsection (1); or

(ii) any other portdeclared under section 5(2).

(3) A port managementcompany shall be managed and operated in accordance with -

(a) its Memorandum andArticles of Association;

(b) the applicableprovisions of the Companies Act (Cap. 247);

(c) the provisions ofthe Public Enterprise Act 1996;

(d) the requirementsand objectives stated in the Reorganisation Charter;

(e) any policydirections given by the Minister or the Minister for Public Enterprise whichare not inconsistent with the provisions of the above documents and laws.

Chief ExecutiveOfficers

7.-(1) The Board ofDirectors has the power to appoint the Chief Executive Officer of its portmanagement company, who shall -

(a) be responsible forthe day today management of the port management company; and

(b) be accountable tothe Board of Directors in accordance with the Public Enterprise Act 1996.

(2) The Chief ExecutiveOfficer -

(a) shall beresponsible to the Board of Directors for the execution of its policies anddirections;

(b) may exercise anypower consistent with this Act, the Public Enterprise Act 1996 and any otherlaw which vests any powers, responsibilities or functions in the ChiefExecutive Officer;

(c) is authorised to doall things necessary or convenient to be done in connection with the managementof the port management company;

(d) without limitingthe generality of the powers vested in paragraph (c), is empowered to-

(i) enter intocontracts on behalf of the port management company;

(ii) in any case ofemergency, to direct the execution of any work or the doing of any act whichthe port management company is empowered to execute and do, and which isnecessary for the operation of port services or the safety of persons orvessels.

(3) The exercise by theChief Executive Officer of a power under this section is subject to theprovisions of this Act, the Public Enterprise Act 1996 and any other applicablelaw, and to any resolution passed or direction given by the Board of Directors.

    (4) It shallbe the responsibility of the Chief Executive Officer to ensure that themanagement of the port management company is in accordance with section 6(3).

(5) If the ChiefExecutive Officer is prevented by illness, absence or other similar cause fromperforming the duties prescribed in this section, or if the office becomesvacant, the Board of Directors may appoint one of the officers of the portmanagement company to perform those duties for the required period.

(6) The Chief ExecutiveOfficer may delegate in writing all or any of the powers prescribed by thissection to another officer of the port management company, and any suchdelegation -

(a) may be made subjectto such conditions, exceptions or qualifications as are specified in thewritten notice of delegation;

(b) is revocable atwill; and

(c) does not affect theexercise of a power or the performance of a function by the Chief ExecutiveOfficer.

Powers of PortManagement Companies

8. A port managementcompany has the power -

(a) to do any act orthing and to undertake any enterprise consistent with its memorandum andarticles of association;

(b) to take any actionnecessary to implement the Reorganisation Charter;

(c) to perform anyfunction, exercise any power and do any act or thing authorised by this Act orany other law;

(d) to do anything inrelation to the provision of services within a port and the approaches to aport, including the services for which rates may be charged under section 18;

(e) to do any thing andtake any action in relation to the ownership of Ports Terminal Limited and anyother subsidiary, and to ensure the effective management and efficientoperations of its subsidiaries.

No State liability

9. In accordance withsection 60 of the Public Enterprise Act 1996, the State shall not be liable forany act or omission of a port management company.

 

PART 4 - TRANSFER OFASSETS AND LIABILITIES

Ownership and operationof Ports Terminal Limited

10.-(1) Ports TerminalLimited shall be a wholly owned subsidiary of Fiji Ports Corporation Limited,and notwithstanding any provision of the Companies Act to the contrary, theshares of Ports Terminal Limited shall be owned by Fiji Ports CorporationLimited until such time as they are transferred in accordance with the approvedprivatisation of Ports Terminal Limited in accordance with Part 13.

(2) Fiji PortsCorporation Limited shall manage and operate Ports Terminal Limited inaccordance with the Reorganisation Charter and any lawful direction given bythe Minister for Public Enterprise.

(3) In the managementand operation of Ports Terminal Limited it shall be the responsibility of FijiPorts Corporation Limited to safeguard and maintain the assets of PortsTerminal Limited and to promote its operations and management so as to maximiseits potential for privatisation and its value when privatised in accordancewith Part 13.

Limitations on sharedealings

11.-(1) Notwithstandingany provision of any Act to the contrary, no allotment, allocation or transferof shares in Fiji Ports Corporation Limited or any port management company maybe effected unless authorised by Cabinet.

(2) Any allotment,allocation or transfer of shares without Cabinet approval as required bysubsection (1) shall be void and of no effect.

Transfer of lands andproperty to Fiji Ports Corporation Limited

12.-(1) Notwithstandingthe provisions of the Land Transfer Act, and in a manner consistent with theprovisions of the Public Enterprise Act 1996 -

(a) all land vested inthe Maritime and Ports Authority of The Fiji Islands shall be transferred andvest, by virtue of this section and without formal conveyance; and

(b) all other propertyof every description vested in the Maritime and Ports Authority of The FijiIslands shall, by virtue of this section, vest, without assurance,in Fiji PortsCorporation Limited upon the commencement of this Act, or as otherwisedetermined in accordance with the provisions of the Public Enterprise Act 1996.

(2) The Board ofDirectors of Fiji Ports Corporation Limited may, with the approval of theMinister for Public Enterprise, determine that any property vested in thecompany under subsection (1) shall be transferred to Ports Terminal Limited ifthat property relates to its commercial operations.

(3) A port managementcompany may acquire any land or property in accordance with any requirementsimposed by its Board of Directors, and all such land and property shall bevested in the port management company.

Transfer of other statelands

13.-(1) In accordancewith section 36 of the Public Enterprise Act 1996, the Minister for PublicEnterprise may, with the approval of the Minister for Lands, prescribe byregulations any lands vested in or belonging to the State be transferredwithout formal conveyance, to a port management company to enable it to performits functions under this Act.

(2) A transfer of landmade under subsection (1) shall be given effect to notwithstanding theprovisions of the Land Transfer Act.

(3) Upon a transfer ofland under this section all debts, liabilities and obligations in connectionwith or appertaining to the land and property shall be transferred to the portmanagement company and shall be deemed to have been incurred by it.

 

PART 5 - FINANCES OF A PORT MANAGEMENT COMPANY

Borrowing powers

14. Subject to theapproval of its Board of Directors, and subject to any provision of anapplicable law, a port management company may borrow money for any purposeassociated with its functions.

Powers of investment

15.-(1) All investmentsby a port management company shall be subject to approval by its Board ofDirectors and shall comply with the provisions of any applicable law.

(2) All enterprisesundertaken and investments made by a port management company shall be inaccordance with its memorandum and articles of association.

(3) Surplus funds of aport management company shall be invested so as to maximise the profitabilityof the company.

Other financial,reporting, accounting and planning requirements

16.-(1) A portmanagement company established in accordance with a Reorganisation Chartershall comply with the following requirements prescribed by the PublicEnterprise Act 1996 -

(a) the provisions ofPart 5 relating to -

(i) corporate plans;

(ii) statements oncorporate intent;

(iii) audit ofaccounts;

(iv) half-yearlyreports;

(v) annual reports;

(vi) unaudited andaudited accounts; and

(vii) information to belaid before Parliament;

(b) the adoption of anEmployment and Industrial Relations Plan in accordance with section 51;

(c) the payment ofdividends in accordance with section 52; and

(d) the payment ofinterim dividends if required under section 53.

(2) The Board ofDirectors and the Chief Executive Officer of a port management company shall beresponsible for ensuring that the company is in full compliance with therequirements of subsection (1) at all times.

(3) Other aspects ofthe financial management of a port management company, including mattersrelating to lending monies, hedging and the giving of guarantees shall besubject to approval by its Board of Directors and to the provisions of anyapplicable law.

 

PART 6 - DUES AND RATES

Dues payable to portmanagement companies

17.-(1) The followingdues shall be payable to port management companies -

(a) dockage dues forevery vessel berthed at a wharf;

(b) port dues for everyvessel being in a port, whether trading, plying for hire or otherwise;

(c) wharfage dues forgoods landed or discharged within a port or the approaches to a port;

(d) light dues to bepaid in relation to navigational aids, which may be collected by a portmanagement company on behalf of the Fiji Islands Maritime Safety Administrationin accordance with the Marine Act; and

(e) any other duesprescribed by Regulations made under this Act.

(2) The amount of duesimposed under subsection (1) shall, by order in the Gazette, be set by the portmanagement company taking into account the return to the company on its assetsand other commercial considerations, and shall be subject to review by theCommerce Commission.

Rates and charges forservices

18.-(1) A portmanagement company may, by order in the Gazette, levy rates and chargesapplying to the use of any land, works, equipment or appliances belonging toit, and for services, goods and facilities provided by it, including servicesrelating to -

(a) the landing,shipping, wharfage, cranage, storage or carriage of goods and cargo;

(b) the deposit ofgoods or cargo with it, or the placing of goods or cargo in its custody;

(c) the provision of pilotageservices;

(d) the use by anyvessel, vehicle or person of any land, works, equipment or appliances, wharf ordock under its control;

(e) the use of anygear, tackle, instruments, tools, utensils, staging or materials supplied by itfor the use by any vessel or person;

(f) the use of anyvessel or engine belonging to or maintained by the port management company forthe purpose of fighting fires;

(g) the anchorage ofvessels within ports and approaches to ports;

(h) the towing of anyvessel, or the rendering of any other assistance;

(i) the provision ofservices by tugs and line boats;

(j) the laying ofmoorings, cables or pipes;

(k) dredging;

(l) the laying, lifting and servicing of buoys notowned by the port management company;

(m) the provision of berthingarrangements;

(n) the ferrying ofpersons or goods;

(o) the provision ofemergency responses to marine pollution incidents;

(p) the provision ofincineration, fumigation, steam cleaning and container cleaning services;

(q) the supply of water,telephone services, fuel, electricity and other forms of energy;

(r) the parking andsafekeeping of vehicles;

(s) the provision ofsecurity services and the application of international obligations concerningthe security of vessels and ports; and

(t) the provision ofany other service approved by the Chief Executive Officer.

(2) The amount whichmay be imposed as rates and charges under subsection (1) shall, by order in theGazette, be set by the port management company taking into account the returnto the company on its assets and other commercial considerations, and shall besubject to review by the Commerce Commission.

Powers in relation tothe imposition and collection of monies

19.-(1) A portmanagement company may exercise the following powers in relation to theimposition and collection of moneys payable to it under this Part -

(a) an officerauthorised by the Chief Executive Officer may enter on to and inspect anyvessel within a port or the approaches to a port in order to ascertain the amountof dues, rates or charges payable in relation to it;

(b) an officerauthorised by the Chief Executive Officer may detain any vessel until a receiptconfirming payment of any dues, rates or charges applying to the vessel isproduced, or other satisfactory proof of payment is provided;

(c) a vessel may bedetained on the order of the Chief Executive Officer until dockage dues havebeen paid, or satisfactory security for their payment has been provided; and

(d) the Chief ExecutiveOfficer may give written notice to any public officer having authority to grantclearance of any vessel that dues, rates of charges payable under this Act areunpaid, and upon receipt of such notice the grant of clearance shall bewithheld until full payment is made.

(2) In accordance withany procedures or conditions determined by the Board of Directors, the ChiefExecutive Officer may -

(a) exempt any vessel,goods or classes of vessels or goods from the payment of any dues; and

(b) reduce, refund orwaive, in whole or in part, any dues, rates of charges that may be imposedunder this Act.

(3) A port managementcompany shall have a lien over any goods in relation to any dues, rates orcharges payable in relation to them and it may seize and detain them until fullpayment of outstanding moneys is made.

(4) In addition to anylien arising under subsection (3), a port management company shall have a lienover the vessel on which the goods were carried or are loaded and may takeproceedings to seize and detain the vessel in any court of competentjurisdiction.

(5) Any lien applyingto goods or vessels in accordance with this section shall have priority overany other lien applying to those goods or the vessel.

Powers to sell ordispose of goods

20.-(1) Subject to theprovisions of this section, if any goods which have been placed in or on anypremises of a port management company are not removed within a period of 21days from the time they were placed there, the port management company may, atthe expiration of that period, sell the goods by public auction or otherwisedispose of the goods in a manner determined by the Chief Executive Officer.

(2) The power of saleor disposal of goods under subsection (1) may only be exercised after 42 daysof the goods being placed on the premises if the goods are covered by a throughbill of lading which has been produced to an officer of the port managementcompany.

(3) If the goods placedon the premises of the port management company are of a perishable nature, theChief Executive Officer may direct their removal within such shorter periodthan that otherwise prescribed by this section, being not less that 21 hoursafter their placement, and those goods may be removed, sold or otherwisedisposed of as determined by the Chief Executive Officer.

(4) Any sale conductedunder this section shall not be rendered invalid by reason only that it takesplace in a location to which the public is not admitted as of right.

(5) At least 3 daysnotice of any sale conducted under this section shall be given by advertisementin a local newspaper circulating in the Fiji Islands, unless the goods to besold are of a perishable nature rendering an immediate sale necessary oradvisable in the opinion of the Chief Executive Officer.

(6) Notwithstanding theprovision of any Act to the contrary, the proceeds of any sale under thissection shall be applied by the port management company in the following order-

(a) first, in thepayment of the expenses of sale;

(b) secondly, inpayment of any duty, fee or charge owing to the Government;

(c) thirdly, in paymentof all charges and expenses due to the port management company; and

(d) fourthly, inpayment of freight or other claims or liens of which notice has been givenunder the provisions of any law.

(7) The surplus of the proceedsof sale, if any, shall be paid to the person entitled thereto on demand, but ifnot such demand is made within one year from the date of sale of the goods, thesurplus may be retained by the port management company and all other rights toit shall be then extinguished.

Offence to evade dues,etc

21.-(1) Any -

(a) master or owner ofa vessel; or

(b) owner, consignee orconsignor of goods,who by any means whatsoever, evades or attempts to evade anydues, rates or charges payable under this Act commits an offence and is liableupon conviction to a fine not exceeding $100,000 or to imprisonment for a termnot exceeding 3 years, or both.

(2) A person guilty ofoffence under subsection (1) is not absolved from paying to the port managementcompany the amount of dues, rates or charges owing (including the prescribedinterest and the prescribed late payment penalties).

Collection of dues onan agency basis

22. A port managementcompany may enter into any agreement with the Fiji Islands Maritime SafetyAdministration or any other agency, entity or person for the collection by theport management company of dues and fees as its agent.

 

PART 7 - LICENSING OF PORT USERS

Power to license portusers

23.-(1) A portmanagement company may grant licences to any person for the purpose ofaccessing a port or conducting commercial operations within a port or theapproaches to a port.

(2) A licence undersubsection (1) shall be issued on the authority of the Board and shall besubject to such conditions as are determined by the Board.

(3) Where a conditionrelates to a matter affecting safety or security the condition may be imposedby the Chief Executive Officer during the currency of the licence.

(4) A licence grantedunder subsection (1) shall be valid for such term as the Board determines, andwhere no term is fixed at the time of grant it shall be valid for a period of12 months, and may be renewed.

(5) A licence grantedunder subsection (1) maybe suspended or terminated by the Chief ExecutiveOfficer on the grounds of a breach of a condition of the licence, or for anyreason necessary to ensure safety and security in the port area or theapproaches to a port.

(6) The fees for alicence granted under this section, and for any services provided by a portmanagement company to a licensee, shall be -

(a) as prescribed byRegulation; or

(b) where no fee isprescribed, as is determined by the Board of Directors.

Rights of agenciesunder statutes

24.-(1) Section 23 doesnot affect the right of access to and operation in a port or the approaches toa port by an agency or person authorised by any law to undertake any functionor to exercise any power in relation to -

(a) the collection ofGovernment revenues;

(b) border control andthe movement of people into and out of the Fiji Islands;

(c) any matterconcerning quarantine and the prevention of the introduction or spread of anydisease; and

(d) any other area ofgovernment responsibility under law.

(2) Notwithstanding theprovision of any other law to the contrary, where an agency referred to insubsection (1) is provided with office space or any other service by a portmanagement company, the agency shall be responsible for paying an agreed rent orfee for service, and where no agreement is reached between the agency and theport management company, the rent or fee shall be fixed by the Minister forPublic Enterprise after consulting with the Minister for Finance.

(3) For the purpose ofdiscussing issues relating to the management of the ports and to resolve issuesof concern to port users, the Chief Executive Officer shall convene and chairmeetings of a Committee of Port Users comprising representatives of -

(a) the Fiji IslandsMaritime Safety Administration;

(b) the Fiji IslandsRevenue and Customs Authority;

(c) the Department ofImmigration;

(d) the Ministryresponsible for quarantine;

(e) Ports TerminalLimited; and

(f) any other portusers.

(4) The Committeeestablished under subsection (3) shall meet at such times and places as aredetermined by the Chief Executive Officer, who shall convene a meeting as soonas possible after receiving a request from a committee member to do so.

(5) The business of theCommittee shall include any issue or matter relevant to the management of theport, including -

(a) the use of portfacilities and the utilisation of areas and facilities required by agencies tofulfil their statutory obligations;

(b) the rationalisationof charges and fees imposed under various laws relating to services,inspections and regulatory functions undertaken at ports;

(c) the implementationof international standards applying to any aspect of port operations;

(d) the considerationof port rules, and the need to make any appropriate rule or amendment to arule; and

(e) any other relevantoperational issue relating to the management and operations of a port.

 

PART 8 - OTHER PORT MANAGEMENT FUNCTIONS ANDACTIVITIES

Assistance to PortMasters and other officers

25. A port managementcompany shall ensure that Port Master, Port State control officers and shippinginspectors are provided with such assistance as is necessary for theperformance of their functions and powers.

Powers in relation tothe berthing and movement of vessels

26.-(1) With theauthority of the Chief Executive Officer, employees of a port managementcompany may -

(a) give directions inrelation to the berthing, mooring or anchoring, and the method of anchoring, ofany vessels in a port or the approaches to a port;

(b) direct the removalof any vessel from any berth, station or anchorage to another berth, station oranchorage;

(c) regulate themovement of vessels generally.

(2) Any direction givenunder subsection (1) shall be in accordance with any requirement as to safetyand security imposed by a Port Master.

(3) A Port Master may,with or without conditions, delegate to or otherwise authorise a fit and properperson employed by a port management company the responsibility -

(a) to board any vesselwith in a port or the approaches to a port to ascertain whether an offenceagainst this Act or any other Act has been committed;

(b) to deal with anydangerous goods or hazardous cargoes in any lawful manner; and

(c) to discharge anylawful power or duty.

(4) Any officerdelegated a power under subsection (3) or otherwise authorised to act underthat subsection shall have the powers and authority of a Port Master inrelation to acts authorised to be done.

(5) Officers of a portmanagement company may be authorised by the Chief Executive Officer to board avessel on which a fire has broken out and to act in any manner so as tofacilitate the exercise of any power for or on behalf of a Port Master,including the power to -

(a) give ordersconcerning the movement of the vessel;

(b) order the scuttlingof the vessel; or

(c) order the taking ofany other measures necessary for the protection of life or property.

(6) Any action takenunder subsection (5) by an officer of a port management company in the presenceof a Port Master, shall be subject to the direction of the Port Master.

(7) The port managementcompany shall not be liable for any action taken by its officers in accordancewith this section, or for any omission or default.

Power to order theremoval of derelict and dangerous vessels

27.-(1) With theapproval of the Board of Directors, the Chief Executive Officer may order theremoval of any derelict or dangerous vessel from a port or the approaches to aport.

(2) An order made undersubsection (1) shall be in writing and shall -

(a) state a time bywhich the vessel shall be removed;

(b) state anyrestrictions as to places where the vessel may be re-located;

(c) be delivered to theowner or master of the vessel, if their identity and whereabouts are known; and

(d) be attached to thevessel in a conspicuous place.

(3) If no action istaken in relation to a vessel in respect of which notice has been given undersubsection (2) within the time stated in the notice, the Chief ExecutiveOfficer may arrange for the removal of the vessel and for its sale by auctionor its destruction, as he or she sees fit.

(4) The cost ofremoving a vessel and of its destruction shall be a debt payable to the portmanagement company by the owner of the vessel.

(5) Any owner or masterof any vessel who refuses or fails to comply with the order given under thissection commits an offence and is liable upon conviction to a fine notexceeding $250,000 or a term of imprisonment not exceeding 3 years or both.

 

PART 9 - PORT RULES

Power to make rules

28.-(1) A portmanagement company may, with the approval of the Minister, make rulesregulating the use and operation of ports and approaches to ports, and theconduct of persons within ports and approaches to ports.

(2) Without limitingthe generality of subsection (1), the rules made by a port management companymay relate to -

(a) controlling accessto a port by any person;

(b) controlling accessto any place within a port;

(c) the mooring,berthing and movement of vessels within a port or the approaches to a port;

(d) the enforcement ofany obligation under an international convention applying within the FijiIslands and relating to any aspect of port management, including safety andsecurity within a port or on vessels; and

(e) the obligations ofpersons licensed by the port management company in accordance with this Act.

(3) Any person whobreaches a rule made under this section commits an offence and is liable uponconviction to a fine not exceeding $25,000 or to a term of imprisonment notexceeding 6 months, or both.

(4) All port rulesshall be consistent with the provisions of this Act, any regulation made underthis Act and any other applicable law.

(5) Section 48 does notprevent the making of a port rule in relation to a matter for which regulationsmay be made under this Act.

Prosecutions byauthorised persons

29. Any personauthorised by the Chief Executive Officer may conduct a prosecution in theMagistrates' Courts or other subordinate courts or tribunal on behalf of a portmanagement company for an offence against a rule made under section 28.

 

PART 10 - LIABILITY OF PORT MANAGEMENT COMPANIES

Loss or damage to goods

30. A port managementcompany shall not be liable for any loss arising from the short delivery of ordamage to any goods in its custody or under its control, unless the nature andvalue of the goods has been declared in accordance with section 31.

Transhipment anddeclared goods

31.-(1) Subject tosubsections (2) and (3), a port management company shall only be liable for theloss of or damage to any transhipment goods or other goods if the nature andvalue of the goods has been declared in writing before the goods were placed inthe custody or under the control of the port management company.

(2) The liability of aport management company under subsection (1) shall be limited to a maximumamount of $2,000, and shall in the case of transhipment goods, cease when thegoods have been delivered alongside the on-carrying vessel for loading.

(3) A port management companyshall not be liable for the loss of or damage to any goods to which thissection applies arising from -

(a) fire or flood,unless caused by the company's negligence;

(b) an act of God;

(c) an act of war;

(d) seizure of thegoods under legal process;

(e) quarantinerequirements;

(f) any negligence ofthe owner or carrier of the goods;

(g) strikes, lockoutsor stoppages of labour, from whatever cause;

(h) riot or civilcommotion;

(i) the saving or theattempt to save life or property;

(j) insufficient orimproper packing of the goods or defective or insufficient markings or leakagesfrom drums, containers or packages containing the goods;

(k) any inherentsusceptibility of the goods to wastage in bulk or weight, latent or inherentdefect or natural deterioration;

(l) any deficiency in the contents of unbrokenpackages of the goods; or

(m) the dangerousnature of the goods.

(4) For the purposes ofthis section, "transhipment goods" means any goods landed from avessel and placed in the custody of a port management company for the purposesof shipment on another vessel on a through bill of lading dated at the port ofloading of the goods and showing that the destination is through the FijiIslands, with the ultimate port of destination marked on each package or unitcontaining the goods and declared on a transhipment manifest lodged with theport management company prior to or at the time the goods are placed in itscustody.

Limitation of liability

32.-(1) The liabilityof a port management company for damages, where any loss or damage is caused toany vessel or to any goods on a vessel, shall not exceed an aggregate amount of$50,000.

(2) The limitation ofliability under this section shall relate to the aggregate of any loss anddamages sustained upon any one distinct occasion, even though such loss ordamages are sustained by more than one person, and shall apply whether theliability arises at common law or under the provisions of any written law andnotwithstanding anything contained in such written law.

Cargo subject togeneral or particular average

33.-(1) The owner ormaster of any vessel discharging or intending to discharge in a port or theapproaches to a port any cargo which is the subject or likely to be the subjectof a declaration of general or particular average shall inform the portmanagement company prior to the commencement of such discharge of the existenceor likelihood of such a declaration and of the particulars of the cargoaffected or likely to be affected thereby.

(2) The port managementcompany shall not be liable in respect of any loss, damage or destructionduring the discharge, reception, storage or removal of any cargo referred to insubsection (1).

Company not liable foracts of employees on vessels

34.-(1) Subject to thisPart, any person employed or engaged by a port management company shall, whilstperforming work in or on any vessel, be deemed to be the employee of the owneror master of that vessel, and the port management company shall not be liablefor any loss or damage caused by any means by such person's act, omission ordefault to or on that vessel or any other vessel, or to any other person orthing.

(2) Subsection (1) doesnot affect any liability that the port management company may have under anylaw relating to compensation for employees.

Non-application of thisPart

35. This Part does notapply to any goods accepted by a port management company for storage in awarehouse as a service provided by it in relation to warehousing or storinggoods.

 

PART 11 -OFFENCES

False returns

36. Any person whomakes, either knowingly or recklessly, any statement which is false in anymaterial particular in any return, claim or other document which is required orauthorised to be made by a port management company, commits an offence and isliable upon conviction to a fine not exceeding $25,000 or a term ofimprisonment not exceeding 6 months or both.

False information as todraught etc.

37. Any master, owneror agent of a vessel entering or leaving or intending to enter or leave a portor to come alongside or depart from a wharf in a port who give falseinformation of the draught, length of beam of the vessel to any employee of aport management company who requires such information, commits an offence andis liable upon conviction to a fine not exceeding $25,000 or to a term ofimprisonment not exceeding 6 months, or both.

Wilful damage to portworks and property

38.-(1) Any person whowilfully removes, breaks, destroys or in any other way damages or injures anyport works or any property at a port belonging to a port management company, orwho hinders or wilfully prevents such port works or property from being used oroperated in the manner which it is intended to be used or operated, commits anoffence and is liable upon conviction to a fine not exceeding $100,000 or toimprisonment for a term not exceeding 5 years.

(2) Any personconvicted of any offence under subsection (1) may also be ordered by the courtto pay compensation to the port management company of a sum determined by thecourt.

(3) For the purposes ofthis section, "port works" includes any works constructed or beingconstructed by or under the authority of the Government or of a port managementcompany for the improvement, protection, management or utilisation of a port,including every basin, graving dock, wharf, light, light-ship, bridge, viaduct,breakwater, embankment, dam, building, reclaimed land, channel excavation andall machinery and equipment used in connection with such port works.

Obstructing a portmanagement company

39. Any person who -

 (a) hinders, obstructs, intimidates or molestsan employee of a port management company or any of its employees, agents orcontractors in the performance and execution of their duties at a port or for thepurposes of managing or operating a port; or

(b) removes any markset up in a port or the approaches to a port for the purposes of indicating anylevel or direction -commits an offence and is liable upon conviction to a finenot exceeding $25,000 or to a term of imprisonment not exceeding 6 months, orboth.

Offences in connectionwith safety of vessels etc.

40. Any person who inany port or the approaches to a port -

(a) wilfully andwithout lawful excuse or authority loosens or removes from its moorings orfastenings any vessel in or alongside any anchorage, wharf or dock;

(b) without lawfulexcuse or authority discharges any firearm except for the purpose of making asignal of distress or for other lawful purpose;

(c) moves, damages orinterferes in any way with any navigation aid or mark;

(d) prepares or appliesany combustible matter on board a vessel at any time or in any manner which isprohibited or contrary to any order given by a Port Master, shipping inspectoror an officer of the port management company;

(e) uses a naked lightwhen drawing off spirits, turpentine oil or other inflammable oils or liquidsof any kind on board a vessel; or

(f) otherwise creates afire or risk of fire with the potential to damage a port, wharf, warehouse orvessel or endanger any person - commits an offence andis liable upon conviction to a fine not exceeding $100,000 or to a term ofimprisonment not exceeding 3 years, or both.

 

PART 12 - MISCELLANEOUS

Master or owner liablefor damage

41.-(1) Whenever damageis done to any property of a port management company by any vessel or by anyperson employed on a vessel, the cost of making good the damage may berecovered by the port management company from the master, owner or person incharge of the vessel.

(2) A port managementcompany may detain any vessel responsible for any damage to port property untilthe cost of making good the damage has been paid to the Chief ExecutiveOfficer, or other satisfactory security for such payment has been provided.

Bonded warehouses

42. Any warehousebelonging to a port management company which is licensed as a bonded warehouseshall be subject to the provisions of the Customs Act.

Powers to detain

43.-(1) Any employee ofa port management company authorised in writing by its Chief Executive Officermay detain any person, within a port or port approaches -

(a) found committing anoffence under this Act or a port rule; or

(b) who the authorisedemployee reasonably suspects as having committed any offence under this Act ora port rule.

(2) A person detainedunder subsection (1) shall be handed over to the custody of the police withinone hour, or if that is not possible, within 6 hours, otherwise the personshall be released immediately.

Evidence of identity

44.-(1) Any employee ofa port management company who reasonably believes that a person has committedan offence against this Act or a port rule may require him or her to statetheir name and address and to provide proof of identity.

(2) Any person whofails to state their name and address or to provide proof of identity whenrequested to do so under subsection (1), or who gives any false information inthis regard, commits an offence and is liable upon conviction to a fine notexceeding $500 to imprisonment for a term not exceeding 3 months, or both.

Property not subject todistress

45. No property,apparatus or equipment belonging to a port management company may be subject todistress, and shall not be taken or dealt in execution under any process of anycourt or in any proceedings in bankruptcy.

Exemption of LocalGovernment Act

46. The Minister forPublic Enterprise, after consulting with the Minister responsible for localgovernment, may determine by notice in the Gazette, that any provision of theLocal Government Act shall have no application within the area of a port orthat certain services provided by a local government shall not be providedwithin a port area.

Act binds theGovernment

47. This Act binds theGovernment.

Regulations

48.-(1) The Ministermay, after consulting with the Fiji Islands Maritime Safety Administration,make regulations for the maintenance, control and management of ports and theapproaches to ports, and for any purpose related to the implementation of thisAct.

(2) Without limitingthe generality of subsection (1), regulations made under this section may bemade in relation to the following matters -

(a) regulating trafficwithin ports and approaches to ports;

(b) removingimpediments to navigation and providing for safe navigation within ports andapproaches to ports;

(c) regulating thedischarge of goods on to wharves and docks;

(d) regulating theconstruction, repair and maintenance of wharves and other port facilities;

(e) keeping freepassages within ports and along and near to the wharves, docks and moorings;

(f) regulating theanchoring, mooring and fastening of vessels;

(g) regulating the useof anchorages, wharves and docks and the movement of vessels, persons andvehicles;

(h) regulating the useby vessels of whistles, sirens and other like instruments;

(i) the prevention offires and the measures to be taken in the event of fire on vessels or withinports;

(j) regulating anymatter so as to avoid collisions by vessels;

(k) the information tobe supplied by masters, owners and other persons in relation to vessels andgoods;

(l) providing for thelicensing, restriction or prohibition of any activity within a port orapproaches to a port;

(m) regulating thereception, storage, removal and clearance of goods within and from premiseswithin a port;

(n) the provision andmaintenance of buoys, landing-places, moorings and berthing facilities;

(o) the prevention ofoil, rubbish or other things being discharged or thrown into the area of a portor the approaches to a port;

(p) regulating towageof vessels and the provision of other assistance to vessels;

(q) regulating theremoval of stone, shingle, earth or other material from the bed of any area ofa port or the approaches to a port;

(r) regulating thedredging of any area within a port or the approaches to a port; and

(s) the prescription ofany offence and the imposition of penalties being fines not exceeding $100,000and terms of imprisonment not exceeding 2 years.

(2) Regulations madeunder this Part may apply to port management companies, and upon conviction forthe breach by a port management company of a regulation a fine not exceeding$200,000 may be imposed on the company.

 

PART 13 - PRIVATISATION OF PORTS TERMINAL LIMITED

Objectives of theprivatisation

49. The privatisationof Ports Terminal Limited shall have the following objects -

(a) the enhancement ofopportunities for resource owners within a port and port approaches andemployees of Ports Terminal Limited to participate in the ownership and futureoperations of the company on fair and equitable terms;

(b) the promotion ofcompetition and improved operations and standards in the provision ofstevedoring and related services at the Fiji Islands's ports;

(c) the realisation ofa fair return to Government upon the sale or transfer of its assets; and

(d) the implementationand attainment of any other object stated in the Reorganisation Charter.

Processes to be appliedin the privatisation

50. All aspects of theprivatisation of Ports Terminal Limited shall be undertaken in accordance with-

(a) the ReorganisationCharter;

(b) the PublicEnterprise Act 1996;

(c) any lawfuldirection given by the Minister for Public Enterprise;

(d) any decision ofCabinet; and

(e) any otherapplicable law.

 

PART 14 - REPEAL, TRANSITIONAL AND SAVINGSPROVISIONS

Repeal of the Maritimeand Ports Authority of the Fiji Islands Act

51.-(1) The Maritimeand Ports Authority of the Fiji Islands Act and the Ports Authority(Validation) Act (Cap. 181A) are repealed.

Savings of certain Regulations

52. The Minister maydetermine that any Regulations made under the Maritime and Ports Authority ofthe Fiji Islands Act shall continue in force as if made under this Act.

Savings of contracts,licences, proceedings etc

53.-(1) All contractsentered into by the Maritime and Ports Authority of the Fiji Islands andcurrent as at the commencement of this Act shall be deemed to have been made byFiji Ports Corporation Limited and shall continue to be of full force andeffect.

(2) All licences,permits, approvals and authorisations given by the Maritime and Ports Authorityof the Fiji Islands and current as at the commencement of this Act shall bedeemed to have been given by Fiji Ports Corporation Limited or the Fiji IslandsMaritime Safety Administration, as the case may be, and shall continue to be offull force and effect for the remainder of their term, unless sooner terminatedby the port management company or the Fiji Islands Maritime SafetyAdministration.

(3) All legalproceedings taken by or against the Maritime and Ports Authority of the FijiIslands and current as at the commencement of this Act shall be deemed to havebeen taken by or against Fiji Ports Corporation Limited.

(4) All fees, dues andcharges owing to the Maritime and Ports Authority of the Fiji Islands andunpaid as at the commencement of this Act are payable to Fiji Ports CorporationLimited.

(5) The dues, fees andcharges payable to Fiji Ports Corporation Limited shall be those chargeable bythe Maritime and Ports Authority of the Fiji Islands as at the commencement ofthis Act, until they are amended in accordance with the provisions of this Act.

Powers of Port Mastersand Shipping Inspectors

54.-(1) Port Masters,shipping inspectors and other officers authorised under the repealed Act maycontinue to exercise the powers vested in them by that Act until, a date to benotified in the Gazette by the Minister, that they are exercising powers underthe Fiji Islands Maritime Safety Administration.

(2) Subsection (1) doesnot affect the right of a port management company to give directions, inaccordance with this Act, in relation to the berthing, mooring, anchoring andmovement of vessels within a port or the approaches to a port.

Winding up of theAuthority

55.-(1) All assets andliabilities of the Maritime and Ports Authority of the Fiji Islands are herebyvested in Fiji Ports Corporation Limited in accordance with this Act and theReorganisation Charter.

(2) The Minister forPublic Enterprise may give directions in relation to any matter associated withthe transfer of the assets and liabilities under subsection (1), and may makeany determinations and exercise any powers necessary to formalise the windingup of the Maritime and Ports Authority of the Fiji Islands.

(3) From the commencementof this Act, all references to the Maritime and Ports Authority of the FijiIslands in any contract, instrument, register, other public or privatedocument, court proceedings or law shall, unless the context otherwiserequires, be read and construed as a reference to Fiji Ports CorporationLimited.

Passed by the House ofRepresentatives this 17th day of May 2005.

Passed by the Senatethis 9th day of June 2005.

《海港管理法》(2010修改)SEA PORT MANAGEMENT(AMENDMENT) DECREE 2010

 

《海港管理法》(2016修改)SEA PORT MANAGEMENT(AMENDMENT) DECREE 2016

TO AMEND THE SEA PORT S MANAGEMENT ACT 2005

ENACTED by the Parliament of the Republic of Fiji—

Short title andcommencement

1.—(1) This Act may be citedas the Sea Ports Management (Amendment) Act 2016.

(2) This Act shall come into force on the date ordates appointed by the Minister bynotice in the Gazette.

(3) In this Act, the Sea Ports Management Act 2005shall be referred to as the “PrincipalAct”.

Section 18 amended

2. Section 18 of the Principal Act is amended by insertingthe following new paragraphafter paragraph (b)

(c) the provision of pilotageservices;”

New section 18A inserted

3. The Principal Act is amended by inserting the followingnew section after section18—

Pilotage services

18A. A port management company must allocate apilot to provide pilotage servicesat each port managed by the port managementcompany under this Act.”

Passed by the Parliament of the Republic of Fijithis 11th day of February 2016.




上一篇: 斐济海事条例(沿海贸易)
下一篇: 斐济船舶注册法
浏览次数: