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

Notices

Directives in terms of Section 30(3) of the Act

Directives

Chapter 7 : Approval by the Regulator of Tariffs Charged by the Authority

23. Tariff requirements

 

(1) In considering the proposed tariffs in terms of directive 22, the Regulator must have regard to whether the proposed tariffs reflect and balance the following considerations:—
(a) A systematic tariff methodology that is applicable on a consistent and comparable basis;
(b) Fairness;
(c) The avoidance of discrimination save where discrimination is in the public interest;
(d) Simplicity and transparency;
(e) Predictability and stability;
(f) The avoidance of cross subsidisations save where cross subsidisation is in the public interest; and
(g) The promotion of access to ports and efficient and effective management and operation in ports.

 

(2) In considering the Authority's proposed tariffs, and any subsequent proposed significant variations, the Regulator will give due consideration to whether it is desirable that the tariffs which it finally approves enable the Authority to—
(a) recover its investment in owning, managing, controlling and administering ports and its investment in port services and facilities;
(b) recover its costs in maintaining, operating, managing, controlling and administering ports and its costs in providing port services and facilities; and
(c) make a profit commensurate  with the risk of owning, managing, controlling and administering ports and of providing port services and facilities.

 

 


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