Housing Act, 1997
R 385
National Ports Act, 2005 (Act No. 12 of 2005)Chapter 6 : Provision of Port Services and Port Facilities and Use of Land57. Licence regarding port services and facilities |
| (1) | Unless an agreement contemplated in section 56 has been concluded, no person other than the Authority may provide a port service or operate a port facility otherwise than in terms of a licence issued under this section. |
| (2) | Any person may, subject to the provisions of this Act, apply to the Authority for a licence. |
| (3) | Any application for a licence must be lodged in the prescribed manner and in accordance with an invitation issued by the Authority by notice in the Gazette. |
| (4) | The Authority must, in an invitation contemplated in subsection (3), specify— |
| (a) | the kind of service in respect of which applications are invited; |
| (b) | the form in which applications must be submitted, including any fee payable upon submission of an application; |
| (c) | the manner in which it is contemplated that the service must be provided; |
| (d) | the place where and times when any application form or relevant document may be obtained from the Authority; and |
| (e) | the period within which such applications must be lodged. |
| (5) | The Authority may require an applicant for a licence, at the applicant’s expense, to furnish the Authority, within the period specified by it, with such further information as may be necessary in order to consider the application. |
| (6) | Within six weeks after receiving an application in accordance with subsection (2), the Authority must— |
| (a) | issue a licence subject to specified terms and conditions; or |
| (b) | refuse to issue a licence and give written reasons for such refusal. |
(7)
| (a) | The Authority may exempt a person from having to obtain a licence in terms of this Act if— |
| (i) | an agreement contemplated in section 11(3) has been concluded; and |
| (ii) | the Authority is satisfied that the activities of the person concerned are, for purposes of this Act, sufficiently regulated by the other statutory body or organ of state contemplated in that section. |
| (b) | An exemption contemplated in paragraph (a) may be made subject to such conditions, authorised by this Act, as the Authority may deem fit. |
