Port (Amendment) Regulations, 2010

CAYMAN ISLANDS Supplement No. 6 published with Gazette No. 7 dated 29th March, 2010. THE PORT AUTHORITY LAW (1999 REVISION) THE PORT (AMENDMENT) REGULATIONS, 2010 The Port (Amendment) Regulations, 2010 2 The Port (Amendment) Regulations, 2010 THE PORT (AMENDMENT) REGULATIONS, 2010 ARRANGEMENT OF REGULATIONS 1. Citation 2. Amendment of regulation 2 of the Port Regulations (2008 Revision) definitions 3. Amendment of regulation 11 - furnishing cargo statements and vessel reports 4. Amendment of regulation 12 - payment for charges 5. Amendment of regulation 14 - deposits or bonds 6. Amendment of regulation 19 - removal of ships in fairways 7. Amendment of regulation 29 - erection of marks, laying of buoys 8. Amendment of regulation 33 - Director to assign berth 9. Amendment of regulation 56 - hours during which explosives may be landed 10. Amendment of regulation 58 - notification of explosives 11. Amendment of regulation 62 - hours during which aggregate may be landed 12. Repeal and substitution of regulation 111 - running lines 13. Amendment of regulation 114 - berthing charges 14. Amendment of regulation 115 - right of admeasurement and incidence of anchorage and lay-up charges 15. Amendment of regulation 116 - cargo dues 16. Amendment of regulation 117 - charges for handling goods from or to vessel hook 17. Amendment of regulation 118 - terminal use dues 18. Repeal and substitution of regulation 120 - charge for handling cargo to, or from, closed or covered storage 19. Repeal of regulation 121 - charge for handling cargo to, or from, open storage 20. Amendment of regulation 123 - storage and handling of containers, etc. 21. Amendment of regulation 124 - handling of vessels 22. Amendment of regulation 126 - coopering and sorting 23. Repeal and substitution of regulation 127 – documentation 24. Amendment of regulation 128 - storage charges 25. Insertion of regulation 128A – garbage disposal charges 26. Amendment of regulation 129 - miscellaneous charges 27. Amendment of regulation 134 - regulations to be subject to Merchant Shipping Laws 28. Amendment of heading of Part VIII - Grand Cayman Crane Services 29. Amendment of regulation 149 - crane services in Grand Cayman 30. Amendment of First Schedule - lighthouses 3 The Port (Amendment) Regulations, 2010 31. Amendment of Third Schedule - forms 32. Transitional provisions 4 The Port (Amendment) Regulations, 2010 CAYMAN ISLANDS THE PORT AUTHORITY LAW (1999 REVISION) THE PORT (AMENDMENT) REGULATIONS, 2010 The Governor in Cabinet, in exercise of the powers conferred by section 13 of the Port Authority Law (1999 Revision), makes the following regulations 1. These regulations may be cited as the Port (Amendment) Regulations, 2010. Citation 2. The Port Regulations (2008 Revision), in these Regulations referred to as the “principal Regulations”, are amended in regulation 2 by inserting, after the definition of the words “free time”, the following definition Amendment of regulation 2 of the Port Regulations (2008 Revision) - definitions “ “GRT” means Gross Registered Tons;”. 3. The principal Regulations are amended in regulation 11 as follows - Amendment of regulation 11 furnishing cargo statements and vessel reports (a) by renumbering regulation 11 as regulation 11(2); and (b) by inserting before regulation 11(2) as renumbered the following subregulation “ (1) Vessels shall give at least forty-eight hours’ notice to the Director, in the form prescribed in the Third Schedule, prior to arrival.”. 4. The principal Regulations are amended in regulation 12 as follows - Amendment of regulation 12 - payment for charges (a) in subregulation (2)(b) by deleting the words “next 27th day” and substituting the words “last day”; and (b) in subregulation (3)(b) by deleting the words “the 27th day” and substituting the words “the last day”. 5. The principal Regulations are amended in regulation 14 by deleting the words “seven dollars per ton loaded” and substituting the words “twice the charges which may so accrue”. Amendment of regulation 14 - deposits or bonds 6. The principal Regulations are amended in regulation 19(2) by deleting the words “of subregulation (2)” and substituting the words “of subregulation (1)”. Amendment of regulation 19 - removal of ships in fairways 5 The Port (Amendment) Regulations, 2010 7. The principal Regulations are amended in regulation 29(2) by deleting the words “Prescribed charges are payable in respect of any buoys” and substituting the words “A charge of $50.00 is payable in respect of each buoy”. Amendment of regulation 29 - erection of marks, laying of buoys Amendment of regulation 33 - Director to assign berth 8. The principal Regulations are amended in regulation 33(2) by deleting the words “, but shall anchor” and substituting the words “and they shall comply with all directions given by the Director”. 9. The principal Regulations are amended in regulation 56 by deleting the words “hours of 07.00 and 18.00” and substituting the words “hours of 18:00 and 06:00”. Amendment of regulation 56 - hours during which explosives may be landed 10. The principal Regulations are amended in regulation 58 by inserting after the words “apply to such cases” the words “and must remain five miles from any port until otherwise directed by the Director”. Amendment of regulation 58 notification of explosives 11. The principal Regulations are amended in regulation 62 by deleting the words “hours of 1900 and 0700” and substituting the words “hours of 18:00 and 06:00”. Amendment of regulation 62 - hours during which aggregate may be landed 12. The principal Regulations are amended by repealing regulation 111 and substituting the following regulation Repeal and substitution of regulation 111 running lines “Running lines 111. The following dues are payable for running lines for the arrival, departure and shifting of vessels up to 500 GRT $50 each vessel move in excess of 500 GRT to 1,000 GRT $150 each vessel move in excess of 1,000 GRT $250 each vessel move.”. 13. The principal Regulations are amended in regulation 114(2) by deleting the words “five and one half cents” and substituting the words “15 cents”. Amendment of regulation 114 - berthing charges 14. The principal Regulations are amended in regulation 115 as follows - Amendment of regulation 115 - right of admeasurement and incidence of anchorage and lay-up charges (a) by repealing subregulation (2) and substituting the following subregulation “ (2) The following are payable as berthing charges (a) at Jackson Point Terminal 6 The Port (Amendment) Regulations, 2010 Rates Per 24 hours or part thereof per gross ton 8 and 1/2 cents per foot 42 cents; and (b) at a Port Authority Cargo Dock Rates Per 24 hours or part thereof per gross ton 20 cents per foot 50 cents”; (b) by repealing subregulation (3); and (c) in subregulation (6) by deleting the words “under regulation 110” and substituting the words “under regulation 114”. 15. The principal Regulations are amended by repealing regulation 116(4) and substituting the following subregulation Amendment of regulation 116 - cargo dues “ (4) Cargo dues shall be calculated at forty cubic ft. or two thousand lbs. per ton, landed or loaded, whichever is applied by the Authority at the following rates Per ton (a) Imports (other than gasoline, diesel, aviation gas, aviation jet fuel, and cargo contained in a trailer or container) $16.65 (b) Exports (other than gasoline, and cargo contained in a trailer or container) $16.65 (c) Gasoline (imports or exports) $10.55 (d) Exports of cargo contained in a trailer or container (other than recycled material) $16.65 (e) Imports of diesel, aviation gas and aviation jet fuel $3.52 (f) Recycled material exported for profit $4.00”. 16. The principal Regulations are amended in regulation 117 as follows - Amendment of regulation 117 - charges for handling goods from or to vessel hook (a) by repealing subregulations (1) and (2) and substituting the following subregulation 7 The Port (Amendment) Regulations, 2010 “ (1) The charge for handling each consignment of cargo coming into the port from a vessel’s hook or, in the case of a container equipped with wheels from alongside a vessel to a place of rest in the port area is in accordance with the following scale (a) Aggregate $2.50 per ton or part thereof (b) Bulk cement $9.14 per ton or part thereof (c) Goods N.O.S. not contained in a trailer or container $16.65 per ton or part thereof”; (b) in subregulation (3)(a) by deleting the words “one hundred and thirty-six dollars and fifty cents” and substituting “$200.00”; (c) in subregulation (3)(b) by deleting the words “twelve dollars and twenty-nine cents” and substituting “$16.65”; (d) in subregulation (4)(a) by deleting “$54.60” and substituting “$100.00”; and (e) in subregulation (4)(b) by deleting “$12.29” and substituting “$16.65”. 17. The principal Regulations are amended in regulation 118 by deleting “$7.50” wherever it appears and substituting “$20.00”. Amendment of regulation 118 - terminal use dues 18. The principal Regulations are amended by repealing regulation 120 and substituting the following regulation Repeal and substitution of regulation 120 charge for handling cargo to, or from, closed or covered storage “Charge for handling cargo to, or from, closed or covered storage 120. The charge for trucking cargo from ship-side to the distribution centre at the Industrial Park is (a) for a container 20 feet long or less $30.00 (b) for a container more than 20 feet long but not more than 40 feet long $60.00 (c) for a container more than 40 feet long $67.50”. 19. The principal Regulations are amended by repealing regulation 121. Repeal of regulation 121 charge for handling cargo to, or from, open storage 8 The Port (Amendment) Regulations, 2010 20. The principal Regulations are amended in regulation 123 by repealing subregulations (1) and (2) and substituting the following subregulations Amendment of regulation 123 - storage and handling of containers, etc. “ (1) The following charges are payable for handling of empty containers and trailers and chassis (a) up to twenty feet in length $4.00 per unit (b) over twenty feet in length $8.00 per unit. (2) The following charges are payable for storage of empty containers and trailers and chassis in excess of twenty-four hours, for each twenty-four hours or part thereof thereafter (a) if the container, trailer or chassis is up to twenty feet in length $4.00 per unit (b) if the container, trailer or chassis is over twenty feet in length $7.00 per unit.”. 21. The principal Regulations are amended in regulation 124 as follows - Amendment of regulation 124 handling of vessels (a) in paragraph (a) by deleting “$35.18” and substituting “$50.00”; (b) in paragraph (b) by deleting “$91.61” and substituting “$100.00”; and (c) in paragraph (c) by deleting “$4.41” and substituting “$6.00”. 22. The principal Regulations are amended in regulation 126 as follows - Amendment of regulation 126 coopering and sorting (a) in subregulation (1) by deleting “$6.83” and substituting “$10.00”; and (b) by repealing subregulation (3). 23. The principal Regulations are amended by repealing regulation 127 and substituting the following regulation Repeal and substitution of regulation 127 documentation “Documentation 127. To expedite prompt handling of goods through the terminal areas, the following documents will be required (originals, electronically transmitted copies or certified facsimiles) (a) for inbound cargo (i) 2 legible copies of vessel manifest (required at least forty-eight hours prior to arrival of vessel); (ii) 1 copy of steamship company release (delivery order); (iii) the Bills of Laden; and 9 The Port (Amendment) Regulations, 2010 (iv) the Loading Guide or Stow Plan; and (b) for outbound cargo (i) 1 copy of loading list (required if possible twenty-four hours prior to vessel loading); (ii) 1 copy of Customs report outwards; (iii) 2 legible copies of vessel manifest (required within three days after departure of vessel); and (iv) the Bills of Laden.”. 24. The principal Regulations are amended in regulation 128 as follows - Amendment of regulation 128 - storage charges (a) in subregulation (1) by deleting the words “the day the vessel completed discharging” and substituting the words “the day the vessel docked”; (b) in subregulation (3) by deleting the words “excess charges” and substituting the words “excess storage charges”; and (c) by inserting after subregulation (3) the following subregulation “ (3A) The Director may waive or reduce excess storage charges where he is satisfied that the circumstances so warrant.”. 25. The principal Regulations are amended by inserting after regulation 128 the following regulation Insertion of regulation 128A – garbage disposal charges “Garbage disposal charges 128A. The following charges are payable for garbage disposal services supplied at a port, or for the use of garbage disposal facilities at a port, in respect of (a) a commercial vessel less than 500 GRT $75 per voyage (b) a commercial vessel not less than 500 GRT $300 per voyage (c) a locally based commercial vessel $100 per month (d) any other non commercial vessel $15.00 per voyage; and, upon receipt of the relevant charge, the Authority may issue a Garbage Disposal Certificate certifying that the 10 The Port (Amendment) Regulations, 2010 vessel’s garbage was disposed of properly in a port.”. 26. The principal Regulations are amended in regulation 129 as follows - Amendment of regulation 129 miscellaneous charges (a) in subregulation (3)(a) by deleting “$26.25” and substituting “$50.00”; (b) in subregulation (3)(b) by deleting “$52.50” and substituting “$100.00”; (c) by repealing subregulation (4); (d) in subregulation (6) by deleting the words “twenty-six dollars and twenty-five cents” and substituting “$50.00”; (e) by repealing subregulation (7) and substituting the following subregulation “ (7) The fees for ship to shore passenger service shall be $0.35 per manifested cruise passenger.”; and (f) in subregulation (8) by deleting “$1.64” and substituting “$2.46”. 27. The principal Regulations are amended in regulation 134 by deleting the words “(2005 Revision) and to such provisions of the Merchant Shipping Acts 1894-1986” and substituting the words “(2008 Revision) and to such provisions of the Merchant Shipping Acts”. Amendment of regulation 134 regulations to be subject to Merchant Shipping Laws 28. The principal Regulations are amended in the heading of Part VIII by deleting the words “Grand Cayman Crane Services” and substituting the words “Crane Services”. Amendment of heading of Part VIII - Grand Cayman Crane Services 29. The principal Regulations are amended in regulation 149 as follows - Amendment of regulation 149 - crane services in Grand Cayman (a) in the marginal note of regulation 149 by deleting the words “in Grand Cayman”; (b) by repealing subregulation (1) and substituting the following subregulation “ (1) The charge for the off-loading from or loading onto a vessel or otherwise handling by the crane of the Authority of a container, trailer or other means of conveyance is (a) for each twenty foot length and pro rata, $50.00; (b) for crane lifts not less than 70,000 lbs. but less than 100,000 lbs., $700.00 for the first hour and $700.00 per hour thereafter per crane; (c) for crane lifts not less than 100,000 lbs., $1,000.00 per lift for the first hour and $1,000.00 per hour thereafter per crane; and (d) for crane re-rigging, $500.00 per lift.”; 11 The Port (Amendment) Regulations, 2010 (c) in subregulation (2) by deleting the words “three hundred and fifty dollars” and substituting “$400.00”; (d) in subregulation (4) by deleting the words “seven dollars and fifty cents” and substituting “$25.00”; and (e) in subregulation (5) by deleting the words “seven dollars and fifty cents” and substituting “$25.00” 30. The principal Regulations are amended in the First Schedule by deleting the heading “LITTLE CAYMAN” and the particulars appearing under that heading. Amendment of First Schedule - lighthouses 31. The principal Regulations are amended in the Third Schedule by inserting the following form Amendment of Third Schedule - forms “Form PA. 4 PORT REGULATIONS (2008 Revision) PRE-ARRIVAL NOTIFICATION VESSEL INFORMATION regulation 11(1) Note that the form can be downloaded using the link to the following website: http://www.caymanport.com/Forms.php, then completed in Excel format and e-mailed to pfso@caymanport.com and icm@gov.ky Port Authority of the Cayman Islands Pre-Arrival Notification Instructions& Information Please save this file as a template for future use. You will be prompted to give the template a name (like ‘Cayman Pre-Arrival Notification’) and choose a place to save it. You can then fill out this spreadsheet each time you need to send a Pre-Arrival Notification to the Port Authority of the Cayman Islands 12 http://www.caymanport.com/Forms.php mailto:pfso@caymanport.com mailto:icm@gov.ky The Port (Amendment) Regulations, 2010 13 1. By double-clicking on the icon representing the file you saved. 2. The file will open and you can enter the information required. Once you have completed filling out the first sheet, you can move to the next sheet by using the tabs at the bottom of the spreadsheet. 3. Once you have completed the form, save it by clicking File | Save As. 4. You will be prompted to give the document a name (you may want to use the name of your vessel and the date the notice is for) and choose a place to save it (i.e. ‘Cayman Pre-Arrival Notifications’). 5. The file can then be e-mailed to the Port Facility Security Officer at jwoods@caymanport.com. Suggestions: If you are a shipping agent, you can have your clients fill out the spreadsheet on the ship and then have them send you a copy when they send it to the Port Authority. This may save you from having to forward the information. Before e-mailing, please check to ensure all required fields are filled in to avoid any delay in processing and subsequent delay of the vessel. To assist you in completing the form, certain cells have comments to explain what is required. Simply place the cursor over a red flag displayed in the upper right corner of the cell. A dialog box that appears has helpful information regarding information required in that cell. Important Information: Port Authority: Please file Pre-Arrival Notification at least 24 hours before vessel arrives in the Cayman Islands. The form also has tabs at the bottom for Services Requested; Crew List; Passenger List; Embarking Crew/Passenger List and Disembarking Passenger Crew List. Complete them as applicable. When you are within VHF radio communication distance of the Cayman Islands, contact Port Security on VHF Channel 16. The Port (Amendment) Regulations, 2010 Customs: The following forms are required by Customs - Clearance from last port (original); Pre-Arrival Notification (2 copies); Maritime Declaration of Health; Stores List; Crew List; Crew Declaration; Passenger List; Embarking Crew/Passenger List; Disembarking Passenger Crew List. Immigration: The following forms are required by Immigration - Clearance from last port (original); Pre Arrival Notification (2 copies); Maritime Declaration of Health; Crew List; Passenger List; Embarking Crew/Passenger List; Disembarking Passenger Crew List. Shipping Agents: Should you require an agent, the following is a list of Ship's Agents that are available in Grand Cayman: Bodden Shipping Agency Ltd - 345 949 6254; Thompson Shipping Company Ltd 345 949 8044; West Indian Agencies Ltd 345 945 7126; Shelby Agency 345 949 2101 and Cayman Freight Shipping Services 345 949 4977. Marine Conservation Law: No harmful effluents, or raw sewage (grey, or black water) may be discharged in Cayman waters. Penalty - Fine up to $500,000, 12 months’ imprisonment, confiscation of vessel. 14 Vessel Name Call Sign Vessel ID Number Country of Registry Completed worksheet may be emailed to pfso@caymanport.com Port Authority of the Cayman Islands Pre-Arrival Notification Vessel Information GRT Length of Vessel Draft of Vessel Vessel's Current Position (Latitude/Longitude, place) Type of Vessel Registered Owner Operator Name of Vessel's Charterer INTERNATIONAL SHIP SECURITY CERTIFICATE Date of Issuance ISSC Issued by: Flag Administration or RSO The Port (Amendment) Regulations, 2010 ISSC Type If an Interim ISSC was issued, choose/indicate reason: CSO Name CSO 24 Hour Tel. Number & e-mail address Name of Ship Security Officer (SSO) VOYAGE INFORMATION Port Estimated Date & Time of Arrival Estimated Date & Time of Departure Date of Ship's Last Visit (dd/mm/yy) Next Port of Call Date of Report (dd/mm/yy) VOYAGE HISTORY Last Ten Ports/Places Visited Ship Security Level in these ports 24-hour Agent/POC (Name & Telephone Number) Date & Time of Arrival (dd/mm/yy hh:mm) Date & Time of Departure (dd/mm/yy hh:mm) Have any special security arrangements been taken by the ship during ship / port interface at the last 10 ports of call? 15 Please detail: CARGO General Description of Cargo Quantity of Passengers/Cargo Any Dangerous Cargo over 10kg? If yes, attach DCM. The Port (Amendment) Regulations, 2010 16 Vessel Name Call Sign Vessel ID Number Country of Registry Completed worksheet may be emailed to pfso@caymanport.com Port Authority of the Cayman Islands Pre-Arrival Notification Services Required Type of Vessel Length of Vessel Beam of Vessel Draft of Vessel GRT Date of Report Registered Owner Operator Name of Vessel's Charterer Services Required by the Vessel at the Port of: Pilot Port Labour Diesel fuel gals.) Berth Crane Fresh Water (gals.) Anchorage Forklifts onboard Garbage disposal Mooring Gangs Sewage disposal Other Services Required (please stipulate): The Port (Amendment) Regulations, 2010 Vessel Name Call Sign Vessel ID Number Country of Registry Completed worksheet may be emailed to pfso@caymanport.comPort Authority of the Cayman Islands Port Authority of the Cayman Islands Pre-Arrival Notification Crew List 17 Name in Full Identification (ID) - Passport or Other Picture ID Family Name Given Name and Initial Date of Birth (DD MMM-YYYY) Place of Birth Type Number Position or Duties Where Embarked (Port or Place & Country) Vessel Name Call Sign Vessel ID Number Country of Registry Port Authority of the Cayman Islands Pre-Arrival Notification Non-Crew & Passenger Completed worksheet may be emailed to pfso@caymanport.com Name in Full Date of Birth (dd-mm-yy) Nationality Identification (ID) - Passport Where Embarked (Port or Place & Country) The Port (Amendment) Regulations, 2010 Family Name Given Name and Initial Type Number 32. (1) Every matter or transaction commenced under the former Regulations and partly dealt with by the Authority or the Director when the new Regulations come into force, is to be continued and dealt with in all respects as if the new Regulations had not come into force. Transitional provisions (2) Every matter or transaction commenced under the former Regulations and not wholly or partly dealt with by the Authority or the Director when the new Regulations come into force, is to be taken to be a matter or transaction commenced under the new Regulations and the new Regulations are to apply accordingly. (3) In this regulation “former Regulations” means the principal Regulations in force immediately before the date of commencement of these Regulations; and “new Regulations” means the principal Regulations as amended by these Regulations. Made in Cabinet the 9th day of March, 2010. Kim Bullings Clerk of the Cabinet. 18