Implementation of Geneva Conventions Act, 2012
R 385
National Ports Act, 2005 (Act No. 12 of 2005)Chapter 10 : Ministerial Directions and Port Regulations80. Port regulations |
| (1) | The Minister may, by notice in the Gazette, make regulations in respect of— |
| (a) | a framework for the economic participation and empowerment of historically disadvantaged groups in port operations; |
| (b) | fitness standards for the safe use of the infrastructure and equipment in the provision of any port facility or port service; |
| (c) | rules of procedure for Port Consultative Committees; |
| (d) | port limits; |
| (e) | transitional matters in order to ensure a smooth transition from National Ports Authority of South Africa to National Ports Authority (Pty) Ltd, and from that company to the Authority; |
| (f) | a framework for economic participation in port operations and services by public entities, private entities and public-private partnerships; |
| (g) | any other matter which it is necessary or expedient to prescribe for the proper implementation or administration of this Act. |
| (2) | The Authority may, with the approval of the Minister, by notice in the Gazette, make rules for the control and management of ports and the approaches thereto and for the maintenance of safety, security and good order in ports, in particular regarding— |
| (a) | the manner in which control of a port must be exercised and the grounds on which access to a port may be refused; |
| (b) | orderly vessel traffic, including the prevention and removal of any obstruction or impediment to navigation within the port limits; |
| (c) | the use of navigational aids, lights and signals to be used in ports and steps to be taken to avoid collision by vessels navigating in the ports; |
| (d) | the supervision, regulation and control of all activities conducted in or on the waters of the ports; |
| (e) | the licensing of activities carried out in the ports and at off-shore cargo-handling facilities; |
| (f) | the declaration and definition of wharves on which cargo will be landed and from which cargo will be shipped in vessels; |
| (g) | the protection of the environment within ports, the cleaning of land and waters of the ports and the prevention of oil, filth, rubbish or any other matter from being thrown into the sea, including the discharge of ballast water; |
| (h) | the maintenance by the Authority of security within ports; |
| (i) | places of refuge for vessels; |
| (j) | the information which has to be supplied by the masters, owners, agents and other persons in respect of vessels arriving and departing and the time and the manner in which this information is to be supplied; |
| (k) | the information which has to be supplied by the masters, owners, agents and other persons in respect of cargo loaded or discharged in the ports, and the time and manner in which such information is to be supplied; |
| (l) | the prohibition of embarkation and disembarkation of persons at places other than those determined by the Authority for this purpose; |
| (m) | the prohibition of the loading, handling or discharging of dangerous cargoes at wharves where such loading,handling or discharging appears especially dangerous to the public; |
| (n) | the limits within which, and the levels to which, dredging may be carried out in ports and approaches thereto; |
| (o) | the information which has to be furnished to the Authority by port users in relation to their activities within ports; |
| (p) | the establishment, construction, maintenance and operation of off-shore cargo handling facilities; |
| (q) | road and rail traffic within ports subject to the Railway Safety Regulator Act, 2002 (Act No. 16 of 2002); |
| (r) | any other matter for which it is necessary or expedient to make rules so that the Authority is able to perform its functions effectively and efficiently. |
| (3) | The Authority may prescribe rules in respect of each port, setting out the hours of the port’s operation and the relationship between concessionaires or contractors contemplated in section 56, on the one hand, and licensees on the other. |
| (4) | The regulations and rules contemplated in this section may create offences and the Minister may stipulate a penalty of a fine or of imprisonment for a period not exceeding six months or both a fine and such imprisonment. |
