Acts Online
GT Shield

National Ports Act, 2005 (Act No. 12 of 2005)

Chapter 9 : Safety Aspects

74. Safety of navigation and shipping in ports

 

(1) Subject to the provisions of this Act, the Authority must, for the purpose of ensuring safety of navigation and shipping in ports—
(a) control marine and other traffic in each port;
(b) control the entry, stay, movement and operations of vessels in ports, and the departures of vessels from ports;
(c) regulate the loading, unloading and storage of cargo and the embarkation and disembarkation of passengers in ports;
(d) provide or procure pilotage services, license pilots and regulate the safe provision of pilotage services by licensed pilots;
(e) provide or procure tug services, license tug service providers and regulate the safe provision of tug services by licensed tug service providers;
(f) provide, operate and maintain adequate and efficient lighthouses and other navigational aids within the port limits and at such other places as the Authority may determine;
(g) undertake dredging and maintain channels at the depths published by the Authority; and
(h) remove or cause to be removed any obstruction or object from the waters of the ports that may pose a danger to shipping or navigation.

 

(2) The Authority may—
(a) order that a vessel which has been arrested or attached by order of court or another relevant authority be moved to another place within the port and, if necessary, move such vessel to that place;
(b) search for, raise, remove or destroy any sunken, stranded or abandoned vessel or wreck within the port limits, and recover the costs incurred in connection with such searching, raising, removal or destruction from the owner of the vessel or any other person who had the beneficial use of the vessel at the time it sank, became stranded or was abandoned;
(c) search for and remove any wreck or obstruction which may endanger the safety of any vessel entering or leaving the port, and recover the costs of such search and removal from the owner of the wreck or obstruction, or from any person responsible for the presence of such wreck or obstruction;
(d) give notice to the owner or other person legally responsible for the upkeep of any vessel within port limits, calling upon such owner or person to remove or otherwise dispose of such vessel, or part thereof, which is not seaworthy, or is likely to become an obstruction, wreck or derelict or a threat to the environment or public safety, and recover from that owner or person all costs incurred for the removal or disposal should the owner or person fail to comply with such notice within the time specified therein; and
(e) after written demand for any costs contemplated in this subsection, and on non-payment thereof, institute an admiralty action in terms of section 3 of the Admiralty Jurisdiction Regulation Act, 1983 (Act No. 105 of 1983), to recover the costs.

 

(3)

(a) The Harbour Master is, in respect of the port for which he or she is appointed, the final authority in respect of all matters relating to pilotage, navigation, navigational aids, dredging and all other matters relating to the movement of vessels within port limits.
(b) For purposes of paragraph (a), the Harbour Master may give such written or verbal instructions as may reasonably be necessary for—
(i) promoting or securing conditions conducive to the ease, convenience or safety of navigation in the port;
(ii) regulating the movement or mooring and unmooring of a vessel in the port;
(iii) controlling the manner in which cargo, fuel, water or ship’s stores are taken on, discharged or handled;
(iv) regulating the removal or disposal of any residues and mixtures containing oil or noxious liquid substances, sewage and garbage from vessels in a port and requiring any such matter to be deposited in reception facilities in the port;
(v) the detention of a vessel reasonably suspected of causing oil pollution and ensuring that the total cost of the pollution clean-up operation is recovered, or acceptable guarantees are provided, prior to the vessel being given permission to leave the port;
(vi) carrying into effect the provisions of this Act.

 

(4) The Harbour Master must take such steps as may reasonably be necessary to bring an instruction issued under subsection (3) to the notice of any person likely to be affected by it.