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Table of Contents
National Ports Act, 2005 (Act No. 12 of 2005)
Notice No. 792 of 2005
Act
Chapter 1 : Definitions and Objects of Act
1. Definitions
2. Objects of Act
Chapter 2 : Establishment and Incorporation of Authority
3. Process before establishment of Authority
4. Conversion of Authority
5. Authority's memorandum and articles of association
6. Non-application of provision of Companies Act
7. Certain provisions of Companies Act may be declared inapplicable to Authority
8. Authority's financial year
9. Judicial management and liquidation
Chapter 3 : Ports under Jurisdiction of Authority and Functions of Authority
10. Ports under jurisdiction of Authority
11. Functions of Authority
12. Aims of Authority
13. Co-operative governance
Chapter 4 : Board, Staff and Assets of Authority
14. Composition of Board
15. Nomination and appointment of members of Board
16. Functions of Board
17. Persons disqualified from membership of Board
18. Terms of office of members of Board
19. Disclosure of interest by members of Board
20. Meetings of Board
21. Delegation and assignment of functions by Board
22. Appointment of chief executive officer
23. Functions of chief executive officer
24. Vacating of and removal from office of chief executive officer
25. Acting chief executive officer
26. Appointment and transfer of staff of Authority
27. Transfer of ports, land and other rights and obligations
28. State guarantees
Chapter 5 : Ports Regulator
29. Establishment of Regulator
30. Functions of Regulator
31. Nomination and appointment of members of Regulator
32. Disclosure of interests and certain prohibitions
33. Vacation of office of members of Regulator
34. Appointment of Regulator's chief executive officer
35. Vacating of and removal from office of Regulator's chief executive officer
36. Regulator's acting chief executive officer
37. Secretariat of Regulator
38. Services of non-employees
39. Meetings of Regulator
40. Minutes of meetings
41. Decisions of Regulator
42. Funding of Regulator
43. Accounting and accountability
44. Annual report
45. Delegation of powers
46. Appeals
47. Complaint against Authority
48. Investigation of complaint
49. Hearings before Regulator
50. Right to participate in hearing
51. Taking of evidence at hearing
52. Rules of procedure
53. Interim relief
54. Orders of Regulator
55. Winding up and dissolution of Regulator
Chapter 6 : Provision of Port Services and Port Facilities and Use of Land
56. Agreements in port operations and services
57. Licence regarding port services and facilities
58. Conditions of licence
59. Restrictions on transfer of licence
60. Suspension or cancellation of licence
61. Directives affecting licensed operators and other persons
62. Duties of licensed operators
63. Routine inspections
64. Special powers in emergency
65. Operations existing on commencement of Act
66. Off-shore cargo-handling facilities
67. Restructuring and reform of ports
Chapter 7 : Development, Environment and Closure of Ports
68. Planning, construction, development and maintenance of ports
69. Protection of environment
70. Closure of port
Chapter 8 : Commercial Aspects
71. Commercial functions of Authority
72. Authority's tariff book
73. Fees payable to Authority
Chapter 9 : Safety Aspects
74. Safety of navigation and shipping in ports
75. Pilotage
76. Liability of pilot
77. Certification and licensing of pilot
78. Lighthouses and other navigational aids
Chapter 10 : Ministerial Directions and Port Regulations
79. Ministerial direction
80. Port regulations
Chapter 11 : General
81. Port Consultative Committee
82. National Port Consultative Committee
83. Port access
84. Co-operation with authorities
85. Liability of Authority
86. Confidential information
87. Offences
88. Amendment of law
89. Repeal of law, and saving
90. Short title and commencement
Rules
Ports Rules
Notice No. 255 of 2009
Chapter 1 : Interpretation, Application and Powers of the Harbour Master and the Authority
1. Interpretation
2. Purpose
3. Application
4. Location of resources
5. Powers of the Harbour Master
6. Powers of the Authority
7. Compliance with the Harbour Master's and Authority's instructions
8. Co-operation with other authorities
Chapter 2 : Vessel Movements and Related Matters
Part A : Application
9. Application of this Chapter and Part B
Part B : The Regulation and Control of Navigation in the Approaches to a Port
10. Functions of the VTS with respect to the approaches to a port
11. Nautical charts and publications relating to the VTS zone
12. Traffic clearance and communication with VTS
13. Reporting to the VTS
14. Anchoring or sojourning of vessels with nuclear material
15. Vessels may not be unseaworthy
Part C : Requirements for Entering a Port
16. Permission to enter a port
17. Notices in terms of Merchant Shipping (Maritime Security) Regulations, 2004 to be copied to the Authority
18. Notice of arrival
19. Procedures to approach and enter a port if there are vessels in tow
20. Notice of weapons, explosives and other dangerous goods on board
21. Requirements for passenger vessels
22. List of passengers and crew
23. Nautical charts and publications relating to the port
24. Vessels to communicate with VTS or Port Control
25. Signals, flags and lights
26. Mooring plan
27. Weapons and explosives to be locked up and disarmed
Part D : Vessels within a Port
28. Moorings and shore connections
29. Vessels to have sound and efficient mooring lines
30. Permission to shift or to immobilise within a port
31. Notice of port movements
32. Signals, flags and lights
33. Harbour Master may require the movement of a vessel
34. Explosives and pyrotechnics
35. VTS or Port Control
Part E : Departure from a Port
36. Permission to leave a port
37. Notice of departure
38. List of passengers and crew
39. Vessels to communicate with VTS
Part F : Pilots and Pilotage
40. Pilotage is compulsory unless exemption is granted
41. Pilot's functions
42. Licensing of pilots
43. Master remains in control of a vessel under pilotage
44. Assistance to the pilot
45. Pilot ladders
46. Helicopter vessel-shore operations
Part G : Permits for Small Vessels and Related Matters
47. Small vessels
Part H : General
48. Compliance with laws, charts, schemes and directives with regard to vessel movement
49. Master's authority not affected
50. Vessels may not be unseaworthy
51. Assignment of berths
52. Assignment of marine services
53. Vessels to rig and stow gear
54. Lost anchors
55. Making fast to navigational aids
56. Incidents in the approaches and within ports
57. Damage to property
58. Financial security for damages caused
59. Master to produce vessel's papers
60. Vessels in need of assistance
61. Arrested vessels
Chapter 3 : Health and Safety
Part A : Vessel Safety Measures
62. The master is responsible for the safety of the vessel
63. Conduct of the crew
64. Fires and hot work repairs on vessels
65. Sparks and the lighting of fires
66. Smoking on board vessels
67. Persons disembarking or embarking
68. Gangways
69. Engine trials
70. Lowering of boats from vessels
71. Vessel's handling material or gear in port
72. Vessels may not be moored nor obstacles placed within the water area of a port repair facility
Part B : General Safety Measures
73. Requirements for fire protection personnel
74. The Harbour Master may instruct that safety measures be taken
75. Heating of substances
76. Smoking on the shore
77. The use of portable radios or cellular phones on the shore
78. Occupational health and safety legislation
79. Authority's written instructions with regard to occupational health and safety matters
80. Personal protective equipment
81. Closing of parts of the port
82. Incidents or damage to property on the shore within ports
83. Swimming, surfing, fishing, diving and water sports
84. Animals
Chapter 4 : Protection of the Environment
85. Prevention of pollution and protection of the environment
86. Deposit of harmful matter, including oil, in a port
87. Cleanliness of the quayside
88. Ballast water
89. Port waste reception facilities
90. Compliance with Port Waste Management Plan
91. Compliance with Vessel Waste Management Plan
92. Use of port waste reception facilities
93. Discharge or dumping in a port of sewage or residue water as a result of hatch or tank cleaning
94. Removal of vessels having offensive matter on board
95. The emission of fumes or smoke
96. Protection of animals, birds, fish and plants
97. Burials
Chapter 5 : Working of Vessels and Dangerous and Flammable Goods Handling
Part A : Working of Vessels
98. Working of vessels may be refused
99. The master of his or her delegatee to supervise and to protect all persons during the handling of cargo
100. Prevention of cargo and vessel's gear falling into a port
101. Reporting about cargo and vessel's gear that has fallen into the port
102. Recovery of cargo or vessel's gear that has fallen overboard
103. Mechanical handling appliances
Part B : Handling of Dangerous Goods
104. Compliance with other legislation and industry guidelines
105. Harbour Master's directives relating to dangerous goods
106. Dangerous goods landed in ISO containers
107. The need for a landing, delivery, forwarding or container terminal order
108. Copy of packing certificate to be provided to the Authority
109. Explosive standards
Part C : Handling of Bulk Flammable Liquids and Flammable Liquid Containers
110. Survey certificate for the carriage of flammable liquid
111. Vessels to operate with due regard to safety, security and the protection of the environment
112. Harbour Master's instructions
113. Liability for costs
Part D : Agents, Financial Security, Port and Cargo Dues and Charges, and Penalties
114. Appointment of vessel agents
115. Security to be furnished to the Authority
116. Termination of vessel agent's mandate
117. Port dues, fees and fines to be paid before vessel departs from port
118. Manifest of cargo
119. Outturn reports
120. Cancelling cargo documentation
121. Cargo dues
122. Penalties
Chapter 6 : Pleasure Vessels
123. Application of this chapter
124. Permission to approach, enter into, shift within or leave a port
125. Pleasure vessels to comply with applicable legislation
126. Pleasure vessels to make way
127. Pleasure vessels to communicate with VTS
128. The Harbour Master's restrictions on pleasure vessels
129. Mooring only at places assigned by the Harbour Master
130. No anchoring or mooring in a channel navigable by a vessel without Harbour Master's permission
131. Pleasure vessels not to be in contact with vessels
132. Damage to or displacement of navigational aids
133. Pleasure vessels in need of assistance
134. Discharge of sewage in a port
135. Weapons and explosives to be locked up and disarmed
136. Permits for a pleasure vessel
137. Visiting pleasure vessels
138. Inspection of pleasure vessels
Chapter 7 : Security and Access
139. The Authority is responsible for security
140. Security officers operating in the port
141. Access permits are required for entry into a port
142. Compliance with the conditions of an access permit
143. Removal of persons and motor vehicles from a port
144. Firearms
145. Entry points into a port
146. Motor vehicles in a port
147. Rail traffic within port limits
Chapter 8 : Licences and Registration
148. Activities to be licensed or registered
149. Activities requiring licensing or registration may not be carried out without a licence or registration
150. Determination of licences or registration
151. Suspension, withdrawal or cancellation
Chapter 9 : General
152. Port repair facilities
153. The Authority's port repair facilities
154. Hot work permit
155. Repairs or maintenance to a vessel
156. Inspections and searches
157. Fumigation of vessels
158. Late or incomplete notices
159. Advertising
160. Prohibited actions
161. Dredging
162. Declaration of a wharf
163. Breaking up and removal of wrecks in a port
164. Information to be furnished by port users
165. Manner in which time is to be specified
166. Changes in information to be reported
167. Liability of the Authority
168. Observance of other laws and conventions
169. Offences
170. Transitional arrangements
Annexures
Annexure 1 : (Rule (1)(YY)) Inshore Vessel Traffic Services (VTS) Zones
Notices
Regulatory Principles of the Ports Regulator, 2009
Notice No. 824 of 2009
Chairman's Introduction
Regulatory Principles
Directives in terms of Section 30(3) of the Act
Notice No. 825 of 2009
Directives
Notice No. 826 of 2009
1. Definitions
Chapter 1 : Complaints against the Authority
2. Complaints against the Authority
3. Regulator to determine whether a complaint is valid
4. Mediation of a complaint
5. Investigation of a complaint
6. Hearing into a complaint
7. Regulator to take decision in respect of the complaint
Chapter 2 : Appeals against Decisions of the Authority
8. Lodging of an appeal
9. Submission of appeal affidavit
10. Answering and Replying affidavits
11. Processing of appeals
12. Decision on appeals
Chapter 3 : Hearings of the Regulator
13. Composition of the hearing panel
14. Subpoena of witnesses and production of evidence
15. Participation in a hearing
16. Procedure to be adopted before a hearing panel
Chapter 4 : Access by the Regulator to Confidential Information of the Authority
17. Regulator to have access to confidential information of the Authority
Chapter 5 : Manner and Form of Participation in the Proceedings of the Regulator
18. Opening and location of offices of the Regulator
19. Condonation of time limits
20. Register of complaints and appeals
Chapter 6 : The Filing of Prices Charged by the Provider of any Port Service other than the Authority
21. Provider of port services to submit prices
Chapter 7 : Approval by the Regulator of Tariffs Charged by the Authority
22. Approval and amendment of tariffs
23. Tariff requirements
24. Application of the tariffs
Chapter 8 : Confidential Information Submitted to the Regulator
25. Claims of confidential information and determination by the Regulator
Chapter 9 : General
26. Commencement of these directives
Schedules and Forms
Schedule A : Schedule of Fees and Costs
Form 1 : Notice of Complaint
Form 2 : Notice of Intention to Appeal
Form 3 : Subpoena of Witnesses and Production of Evidence
"concession"
means a concession agreement entered into in terms of
section 56
;
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