Contingency Fees Act, 1997
R 385.00
National Ports Act, 2005 (Act No. 12 of 2005)RulesPorts RulesChapter 2 : Vessel Movements and Related MattersPart G : Permits for Small Vessels - and Related Matters47. Small vessels |
| (1) | No small vessel may lie in, be used in or operated from a port unless — |
| (a) | SAMSA, or another authority acceptable to SAMSA, has granted the owner or master of the small vessel a certificate of fitness; and |
| (b) | the Harbour Master for that port has granted the owner or master of the small vessel a permit to do so. |
| (2) | The Authority may determine — |
| (a) | the manner in which applications for permits for small vessels are to be invited, assessed and decided; |
| (b) | in the Tariff Book, the fees payable for application for a small vessel permit and the permit itself; |
| (c) | the qualifications and suitable criteria that applicants for a permit must meet in order to obtain a permit; and |
| (d) | subject to the Act and these rules, including the powers of the Harbour Master in terms of section 74(3), the terms and conditions of the permit. |
| (3) | The Harbour Master for the port where the small vessel has applied for a permit as contemplated in sub-rule (1) may impose conditions or limitations upon the granting of the permit in the interests of safety, security, protection of the environment and the good order and efficient working of the port. |
| (4) | The Authority may, on good cause shown, refuse, suspend, withdraw or cancel a permit provided it has followed a fair procedure before the decision is taken. |
| (5) | If an owner or master of a small vessel fails to obtain a permit, the Harbour Master may remove or shift the small vessel at the expense of the owner or master of the small vessel. |
| (6) | The owner or master of a small vessel must comply with the Harbour Master's restrictions relating to launching, speed and area of operations or any other restrictions determined by the Harbour Master in respect of small vessel within port limits. |
| (7) | A small vessel in possession of a permit as contemplated in sub-rule (1) must, at all times, keep out of the way of a vessel navigating in any channel or other area of the port. |
| (8) | No owner or master of a small vessel may allow the small vessel to come into contact with another vessel while within port limits unless the Harbour Master authorises it. |
| (9) | The provisions of rules 129 and 130, read with the changes required by the context, apply to small vessels in possession of a permit as contemplated in sub-rule (1). |
| (10) | The Authority will set out, in the Tariff Book, the fees, dues and fines applicable to small vessels in possession of a permit as contemplated in sub-rule (1). |
| (11) | The Harbour Master may issue written instructions about the regulation and control of small vessels in possession of a permit as contemplated in sub-rule (1). |
| (12) | The Authority may exempt small vessels in possession of a permit as contemplated in sub-rule (1) from the provisions of one or more of these rules9. |
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9In terms of the current permit conditions, small vessel may be exempt from rules 18, 31, 37, 115, 117, 118 and 119.
