Port (Fees) Regulations 2008 (GN No. 199 of 2008)

1 Government Notice No. 199.of 2008 THE PORTS ACT 1998 Regulations made by the Mauritius Ports Authority under Section 65 of the Ports Act 1998 1. These regulations may be cited as the Port (Fees) Regulations 2008. 2. In these regulations "Act" means the Ports Act 1998; "Authority’s quay" means any wharf, quay, jetty or buoy berth owned, operated, managed or controlled by the Authority; “bulk cargo” means cargo in loose or unpacked form which is loaded or discharged by means of a conveyor belt, pipeline, grab or other mechanical means, but does not include frozen fish; “coasting vessel” means a locally registered vessel plying exclusively between Mauritius and its dependencies; “dangerous goods” has the same meaning as in the Port (Operations and Safety) Regulations 2005; “fee” means any fee or charge specified in the First or Second Schedule; “Operations and Commercial Manager” means the Operations and Commercial Manager of the Authority; “Port Master” means the officer appointed as such under section 13 of the Ports Act; “port operator” means a person who has been granted permission, or a licence, to operate stevedoring or cargo handling services within the port or port premises; “service charges” means the charges specified in the Second Schedule; “ton” means – (a) 1,000 kilograms (Kgs); or (b) one cubic metre; “100 tons” or part thereof means the gross registered tonnage rounded to the nearest 25GT applying the proportionate charge; “vessel fees” means the fees specified in the First Schedule. 2 3. (1) Subject to these regulations – (a) the vessel’s agent shall, in respect of a vessel which puts in the port or outer port for the discharge and loading of cargo or for any other purpose, pay the fees specified in the First Schedule; (b) every person who (i) hires equipment, harbour craft or a gangway from the Authority; (ii) operates a vessel within the port or outer port; (iii) is issued with an access pass; (iv) uses the services of the Port Emergency and Environment Unit of the Authority; (v) uses other services of the Authority, shall pay the charges specified in the Second Schedule; (c) the vessel’s agent shall, in respect of transhipment containers, general cargo and fish, pay the quay fees, provided that where transhipment cargo is re-shipped on a vessel, other than the vessel carrying the cargo to Port Louis, the quay fees shall be paid by the first carrier; (d) for the purpose of payment to the Authority, fees expressed in US dollars (i) may be paid in US dollars; or (ii) if they are to be paid in Mauritian rupees, shall be converted into rupees at the exchange rate applicable for the levying of ad valorem duty under the Customs Tariff Act; (e) where during a vessel’s stay in port, the rate of exchange changes, the rate prevailing at the date of entry of the vessel in the port shall be the rate appropriately chargeable. 3 (2) (a) Subject to subparagraph (b) and paragraph (3), no dockage or seamen’s welfare fee shall be levied in respect of a vessel which puts into the outer port – (i) owing to stress of weather; (ii) for the purpose of discharging a sick, injured or dead seaman; (iii) for the purpose of change of crew; or (iv) for the purpose of repairs. (b) The fee for port dues shall, where a vessel puts into the outer port for the purposes specified in subparagraphs (a) (ii) and (iii), be half the rate specified in the First Schedule, provided that, in cases of prolonged stay in, the outer port, the Authority reserves the right to apply the normal rates. (3) No vessel to which paragraph (2) applies shall discharge any cargo unless – (a) the cargo is discharged to enable repairs to be effected to the vessel; and (b) the cargo is intended for re-shipment. (4) Fees for pilotage, tug service (other than in respect of towage or assisting stranded vessels), and anchorage shall – (a) in respect of – (i) a vessel which calls for the sole purpose of taking bunkers, ship’s stores or fresh water, and stays in port for not more than 24 hours; or (ii) a locally registered vessel other than a locally registered fishing vessel, be at half the rates specified in the First Schedule; (b) in respect of a fishing vessel registered abroad be three quarters of the rates specified in the First Schedule; (c) in respect of a locally registered fishing vessel, be at one quarter of the rates specified in the First Schedule. (5) Subject to paragraph (4), a locally registered vessel shall be entitled to a rebate of 20 percent of all the chargeable rates specified in the First Schedule except for the chargeable rates mentioned at paragraph (4) and the composite charge for small fishing vessels. (6) In calculating the fee which the vessel’s agent is liable to pay under item 4 of the First Schedule, tug service shall be deemed to commence at the time a tug leaves its base and to end at the time it returns to base. 4 (7) The fees specified in item 2 of the First Schedule – (a) shall be levied in respect of a vessel remaining in port for more than 3 months, in addition to all fees applicable as per the First Schedule; and (b) shall be paid by the vessel’s agent in advance on the first day of the month provided – (i) the vessel has no cargo on board; (ii) the vessel is not used for storage purposes; and (iii) the articles of agreement with the crew of the vessel have been closed. (8) No fee for dockage or removal of garbage shall be levied in respect of a vessel while it is in the dry dock. (9) Fees for port dues, pilotage, tug service (other than in respect of towage or assisting stranded vessels), anchorage and seamen’s welfare dues shall – (a) in respect of vessels in excess of 35,000 GT which call for the sole purpose of taking bunkers, have sliding scale charges applicable; (b) in respect of cruise ships and pure car carriers, be capped at 35,000GT. 4. The Authority shall not provide tug assistance for mooring, unmooring, remooring, berthing or unberthing of a vessel unless the vessel is under pilotage. 5. (1) No person shall, unless he has obtained the written permission of the Operations and Commercial Manager, make use of any mechanical handling equipment in the port premises for the landing, removal or loading of goods. (2) The written permission obtained under paragraph (1) shall, on demand, be produced to any officer of the Authority. 6. (1) Subject to paragraph (2), a vessel’s tonnage shall, for the purpose of determining the vessel’s fees payable under the First Schedule, be the gross tonnage specified in its certificate of registration or other national papers. (2) Where a vessel has dual tonnage, the vessel’s higher tonnage shall be its gross tonnage. 5 7. With respect to pilotage – (a) a surcharge of 25 percent shall be payable (i) where a vessel is not ready to be moved 30 minutes after the notified time or 30 minutes after the pilot has boarded, whichever is later; (ii) where the request for the pilotage service is cancelled at any time within 60 minutes prior to the notified time and such service is scheduled within the following 8 hours; and (iii) where a request for a pilotage service is cancelled at any time after the pilot has boarded; (b) a surcharge of 50 percent shall be payable where the pilotage service was booked and cancelled without any subsequent rescheduling within the following 8 hours; (c) the first application by a port user for cancellation and rescheduling of a service shall not be subject to any surcharge, if it is made more than 60 minutes prior to the notified time. 8. With respect to tug service (a) a surcharge of 25 percent shall be payable (i) where a request for tug service has been booked and the vessel is not ready to be moved 30 minutes after the notified time or 30 minutes after the pilot has boarded, whichever is the later; (ii) where a request for tug service is cancelled at any time within 60 minutes prior to the notified time and the service is rescheduled within the following 8 hours; and (iii) where a request for tug service is cancelled at any time after the pilot has boarded; (b) a surcharge of 50 percent shall be payable where tug service has been booked and cancelled without any subsequent rescheduling within the following 8 hours; (c) the first application by a port user for cancellation and rescheduling of a service shall not be subject to any surcharge, if it is made more than 60 minutes prior to the notified time; (d) subject to a minimum charge of US $ 1920, tug service for assisting stranded vessels or for towage beyond the outer port shall be provided after prior agreement, or in case there is no agreement at the Authority’s absolute discretion. 6 9. (1) Pilotage and tug service fees may be charged where a vessel is required to unberth to allow another vessel to berth for port convenience. (2) The type and number of craft allocated for a pilotage or tug service shall be at the discretion of the Port Master, whose decision shall be final. 10. Anchorage fees shall be paid at the normal rate where loading and unloading operations cannot take place for reasons beyond the control of the Authority. 11. Notwithstanding the contents of a manifest, the Authority may calculate quay fees payable under the First Schedule by the weight of the cargo or by its volume, whichever is higher. 12. (1) Subject to the express permission of the Operations and Commercial Manager and to such conditions as the Operations and Commercial Manager may impose, no dunnage or ship’s stores shall be loaded or discharged. (2) Dunnage and ship’s stores loaded or discharged under paragraph (1) shall be deemed to be cargo for the purposes of these regulations. 13. (1) Subject to paragraph (2), a person who is liable to pay a fee under these regulations shall promptly pay the amount due. (2) (a) The Authority may agree that payment of a fee due under these regulations shall be made (i) within a delay which shall not exceed 21 days from the date of the claim in respect of the amount due in Mauritian rupees; or (ii) within a delay which shall not exceed 30 days from the date of the claim in respect of the amount in US dollars. (b) The Authority may request the vessel’s agent or other port user to make a cash deposit before any service is rendered. (c) Where there is any shortfall in the cash deposit, the vessel’s agent or other port user shall immediately make good this shortfall to the satisfaction of the Authority. (d) The Authority may request a vessel’s agent or other port user to submit a bank guarantee for an amount to be determined by the Authority for the provision of credit facilities. 7 (3) Where a person fails to pay a fee for which he is liable, within the specified period, the Authority may – (a) levy a surcharge of 10 percent of the amount which that person is liable to pay; and (b) without prejudice to the right of the Authority to recover the amount due, suspend or refuse further services to that person or to a vessel belonging to that person. (4) Notwithstanding any other enactment, a person who is liable to pay a fee specified at items 2 and 3 of the Second Schedule shall (a) pay the fee in advance on 1 January and 1 July in every year; and (b) where he fails to pay the fee within one week from the date due for payment, pay a surcharge of 50 percent of the amount which he is liable to pay. 14. (1) Where there is no provision for any fee in respect of any facilities or services, a quotation may, on application, be obtained from the Authority. (2) Where it is not possible or practical to make a quotation in an emergency, the Authority may render the service and charge the fees subsequently. 15. (1) Transhipment rates shall apply to – (a) transhipment goods as defined in section 2 of the Act; (b) goods other than fish landed from a vessel and re-exported within 28 days of the date of completion of discharge of the vessel, provided that these goods have not left the port area; (c) fish landed from a vessel and re-exported within 90 days of the date of completion of discharge of the vessel, provided that these goods have been re-exported in their original form and have always been under certified Customs control; (d) specific consignments with the approval of the Board. (2) Application for transhipment rates shall be submitted in writing to the Authority before or at the time the goods or containers are placed in the custody of any port operator. 8 (3) Where transhipment containers or general cargo have not been re-shipped within 28 days of the date of completion of discharge of the vessel – (a) the Authority shall collect from the shipping agent all charges outstanding on the consignment as at the twenty-eighth day and such cargo or container shall be treated as if it were ordinary import cargo or container; and (b) the charges mentioned in subparagraph (a) shall be computed at the normal rates and not at the transhipment rates specified in the First Schedule. 16. The Authority may – (a) in special circumstances and for the purposes of improving the efficiency of its operations or removing congestion in the port and port premises, increase any fees or charges set out in the First or Second Schedule by an amount not exceeding 50 percent; and (b) reduce, waive or refund any fees or charges whenever there are good reasons justifying such reduction, waiver or refund. 17. The Port (Fees) Regulations 1999 are revoked. 18. These regulations shall come into operation on 1 October, 2008 Made by the Authority on 18 September 2008 and approved by the Minister on 19 September 2008. 9 FIRST SCHEDULE (regulations 2, 3, 6, 11, 15 and 16) Vessel Fees 1.0 PORT DUES Item Services US$ 1.1 Every vessel entering the outer port per entry unless specified below Per 100 GT or part thereof 4.50 Minimum charges Per 100 GT or part thereof Vessels loading or discharging cargo or fare-paying passengers 45.00 Empty vessels 22.50 Recreational vessels (yachts and pleasure craft): Vessels less or equal to 25 tonnes 30.00 1.2 Vessels greater than 25 tonnes 60.00 Transhipment vessels calling Port Louis, per call: 30% discount if unloaded between 100 and up to 150 TEUs of transhipment 1.3 40% discount if unloaded in excess of 150 TEUs of transhipment Applicable during cyclonic periods only, for foreign vessels sheltering in the port (no anchorage will be charged during this period for sheltering vessels) 1.4 Vessels not exceeding 10 tons, per day 300.00 1.5 Vessels exceeding 10 tons but not exceeding 50 tons, per day 500.00 1.6 Vessels exceeding 50 tons but not exceeding 100 tons, per day 800.00 1.7 Vessels exceeding 100 tons but not exceeding 2,000 tons, per day 1,200.00 1.8 Vessels exceeding 2,000 tons, per day 2,400.00 Charges for fully cellular container ships shall be paid Per 100 GT or part thereof according to the following scale 1.9 First 35,000 gross tons 4.50 Next 15,000 gross tons 2.25 All gross tons thereafter 1.60 2.0 PROLONGED HARBOUR DUES Item Services US$ 2.1 Vessels remaining in port beyond 3 months Per month or part thereof Per 100 GT or part thereof 5.00 Minimum charges Commercial vessels Per 100 GT or part thereof 50.00 2.2 Yachts and pleasure craft Per 100 GT or part thereof 50.00 10 3.0 PILOTAGE Item Services US$ Vessels entering, berthing, unberthing or leaving the port or outer port of Port Louis : 3.1 Per pilotage service inwards or outwards Per 100 GT or part thereof 3.00 3.2 Per pilotage service from sea to outer port only Per 100 GT or part thereof 3.00 3.3 For moving a vessel from one berth to another or to re-berth at the same berth Per 100 GT or part thereof 3.00 3.4 Minimum fee for a service or movement: Vessels, other than empty vessels Per 100 GT or part thereof 30.00 Empty vessels Per 100 GT or part thereof 15.00 3.5 Charges for fully cellular container ships shall be paid according to the following scale per pilotage service inwards or outwards Per 100 GT or part thereof First 35,000 gross tons 3.00 Next 15,000 gross tons 1.50 All gross tons thereafter 1.05 11 4.0 TUG SERVICE Item Services US$ For tug assisting vessels (other than fishing vessels) for berthing, unberthing or moving from berth to berth or for anchoring : Per 100 GT or part thereof 4.1 Per occasion 13.75 4.2 Minimum charge per occasion 960.00 4.3 Minimum charge for: Empty vessels 480.00 Vessels, other than locally registered vessels, not exceeding 6,000 GT per occasion 480.00 For assistance by tugs assisting fishing vessels for berthing, unberthing, or moving from berth to berth or for anchoring : Per 100 GT or part thereof 4.4 Per occasion 13.75 4.5 Minimum charge per occasion 340.00 4.6 For towage of vessels without own power within the limits of the port or outer port per tug used per hour or part thereof Per 100 GT or part thereof 45.00 4.7 For assisting stranded vessels within the limits of the port or outer – per day or part thereof Per 100 GT or part thereof 1,080.00 4.8 For standing by as a safety measure when dangerous goods are being loaded or unloaded per tug per hour or part thereof Per 100 GT or part thereof 30.00 4.9 Charges for fully cellular container ships shall be paid according to the following scale per occasion Per 100 GT or part thereof First 35,000 gross tons 13.75 Next 15,000 gross tons 6.90 All gross tons thereafter 4.80 Transhipment 4.10 30% Discount for vessels calling at Port Louis to unload between 100 and up to 150 TEUs of transhipment cargo, per call 40% Discount for vessels calling at Port Louis to unload more than 150 TEUs of transhipment cargo, per call Additional discounts may be considered for large transhipment exchanges In addition to the above discounts, guaranteed berthing priority may be considered US$ Assisting grounded vessels, per tug, per hour 4.11 Vessels less than 200 tons 400.00 4.12 Vessels greater than 200 tons but not exceeding 2,000 tons 2,000.00 4.13 Vessels greater than 2,000 tons 8,000.00 12 5.0 ANCHORAGE Item Services US$ Vessel other than a local fishing vessel anchoring, mooring or berthed at an alongside berth unless otherwise specified: Per day or part thereof for first 6 days Per 100 GT or part thereof 5.00 Local Fishing Vessel per day or part thereof for first 6 days Per 100 GT or part thereof 4.50 Minimum charge: Vessels, other than empty vessels 50.00 5.1 Empty vessels 25.00 Yachts and pleasure craft Vessels less or equal to 25 tonnes 120.00 Vessels greater than 25 tonnes 240.00 Where the Port cannot provide a berth to liner vessels (cargo / container) 24 hours after the arrival time, anchorage would not be charged for periods of 24 hours following the expiry of the first 24 hours. 5.2 For vessel other than a local fishing vessel after the 6 th day, per day or part thereof Per 100 GT or part thereof 6.00 For local fishing vessel after the 6th day per day or part thereof Per 100 GT or part thereof 5.50 5.3 Charges for fully cellular container ships shall be paid: according to the following scale, per day or part thereof for first 6 days: Per 100 GT or part thereof First 35,000 gross tons 5.00 Next 15,000 gross tons 2.50 All gross tons thereafter 1.75 After the 6 th day, per day or part thereof Per 100 GT or part thereof First 35,000 gross tons 6.00 Next 15,000 gross tons 3.00 All gross tons thereafter 2.10 13 6.0 DOCKAGE A vessel including fishing vessel berthed at the Fish port does not leave her berth 2 hours after having completed loading and unloading operations : Per day or part thereof Per 100 GT or part thereof 7.50 6.1 Minimum charge Per 100 GT or part thereof 75.00 Per vessel berthed alongside an Authority’s quay, not for loading and discharging cargo except passenger vessels : Per day or part thereof Per 100 GT or part thereof 7.50 6.2 Minimum charge Per 100 GT or part thereof 75.00 7.0 QUAY FEES 7.1 Cargo other than transhipment cargo passing over the Authority's quay for discharge/loading or loaded/discharged overside a vessel berthed at an Authority's quay Item Non-containerised Cargo US$ 7.1.1 General cargo - per ton or part thereof 2.44 7.1.2 Rice per ton or part thereof 2.08 7.1.3 Cattle, sheep, goats, pigs and other livestock- per head 1.00 7.1.4 Personal effects, sundry packages including crates of fowls or other cargo- per ton or part thereof 1.00 7.1.5 Fresh, salted and frozen fish- per ton gross 1.83 Item Containerised Cargo US$ 1 TEU or less 50.00 7.1.6 Full containers More than 1 TEU 100.00 1 TEU or less 19.00 7.1.7 Empty containers More than 1 TEU 38.00 7.1.8 Repositioning of containers from bay to bay on board vessels and via quay 1 TEU or less 12.00 More than 1 TEU 24.00 14 7.2 PIPELINE DUES Item Services US$ 7.2.1 Per ton of bulk cargo or part thereof pumped through pipelines with the exception of bunkers 1.48 7.2.2 Bunkers 1.15 7.3 DRY BULK CARGO QUAYAGE Item Services US$ 7.3.1 Coal, Maize, Fertiliser, Soya Per ton or part thereof 1.00 7.3.2 Sugar (through Bulk Sugar Terminal) Per ton or part thereof 1.10 7.3.3 Wheat Per ton or part thereof 1.15 7.4 FREEPORT Item Containerised Cargo US$ 7.4.1 Full containers 1 TEU or less 27.00 More than 1 TEU 54.00 7.4.2 Empty containers 1 TEU or less 11.00 More than 1 TEU 22.00 Item Non-containerised Cargo US$ 7.4.3 General cargo : breakbulk or palletised per ton or part thereof 2.00 7.5 TRANSHIPMENT Item Services (containerised) US$ 1 TEU or less 27.00 7.5.1 Full containers More than 1 TEU 54.00 1 TEU or less 11.00 7.5.2 Empty containers More than 1 TEU 22.00 Item Services (non-containerised) US$ 7.5.3 General cargo: breakbulk or palletised Per ton or part thereof 2.00 7.5.4 Bulk cargo Per ton or part thereof 2.00 7.5.5 Frozen transhipment fish Per ton or part thereof 3.50 7.5.6 Vehicles Per ton or part thereof 1.00 15 8.0 REMOVAL OF GARBAGE Item Services US$ 8.1 Per vessel of 500 GT or less Per occasion 5.00 8.2 Per vessel between 500 GT and 2,000 GT Per occasion 9.00 8.3 Per vessel of more than 2,000 GT Per occasion 20.00 9.0 SEAMEN’S WELFARE DUES Item Services US$ Vessels entering the outer port : 9.1 Per locally registered vessel per entry Per 100 GT or part thereof 0.70 9.2 Per vessel not registered locally per entry Per 100 GT or part thereof 1.00 Minimum charge: Vessels, other than empty vessels Per 100 GT or part thereof 10.00 9.3 Empty vessels Per 100 GT or part thereof 5.00 9.4 Charges for fully cellular container ships shall be paid according to the following scale per entry Per 100 GT or part thereof First 35,000 gross tons 0.70 Next 15,000 gross tons 0.35 All gross tons thereafter 0.25 10.0 COMPOSITE CHARGE FOR SMALL FISHING VESSELS Item Services Rs 10.1 Per vessel per call: Up to 25 GT 3,000 Above 25 GT 5,000 16 SECOND SCHEDULE (regulations 2, 3, 13 and 16) Service Charges 1.0 HIRE OF HARBOUR CRAFT, MOBILE CONTAINER HANDLING CRANE & GANGWAY Item Services Rs 1.1 Within port limits Launch for purposes other than towing Per hour or part thereof 335.00 Minimum charge 1,500.00 1.2 Tug not exceeding 500 HP for purposes other than Per hour or part thereof 1,900.00 assisting vessel for berthing, unberthing or mooring Minimum charge 4,500.00 1.3 Tug exceeding 500 HP for purposes other than assisting vessel for berthing, unberthing or mooring Per hour or part thereof 3,000.00 Minimum charge 9,000.00 1.4 Mooring lighter (excluding tug) Per hour or part thereof 330.00 Minimum charge 1,340.00 1.5 Diver and diving boat Per hour or part thereof 380.00 Minimum charge 1,500.00 1.6 Diving boat with two divers Per hour or part thereof 450.00 Minimum charge 1,800.00 1.7 Barge/reclamation barge (excluding tug) Per hour or part thereof 390.00 Minimum charge 3,100.00 1.8 Mud boat (excluding tug) and other floating craft Per hour or part thereof 390.00 Minimum charge 3,100.00 1.9 Landing pontoon (excluding tug) Per hour or part thereof 500.00 Minimum charge 5,300.00 1.10 Where a tug is supplied for towing a launch, lighter or mud boat, the following tug hire charge is also payable : Tug not exceeding 500 HP Per hour or part thereof 1,900.00 Minimum charge 7,900.00 Tug exceeding 500 HP Per hour or part thereof 3,000.00 Minimum charge 12,000.00 Per hour or part thereof 150.00 1.11 Gangway (excluding mobile crane) per day or part thereof Minimum charge 450.00 17 Mobile Container Handling Crane Per hour or part thereof 8,000.00 1.12 Minimum charge 15,000.00 1.13 The rates are double when services are rendered between 1800 hrs and 0700 hrs (except for item1.12) 2.0 BOAT LICENCE Item Services Rs 2.1 Per plying boat propelled by oars or sails For every 6 mths or part thereof 100.00 2.2 Per plying boat propelled by engine For every 6 mths or part thereof 150.00 2.3 Per boatman's licence (including barge) For every 6 mths or part thereof 100.00 2.4 Replacement of original barge For every 6 mths or part thereof 50.00 2.5 Transfer of licence to another owner For every 6 mths or part thereof 200.00 2.6 Per vessel, other than a plying boat, plying in the port (whether for hire or not) per ton or part thereof For every 6 mths or part thereof 100.00 3.0 OPERATING LICENCE Item Services Rs 3.1 Shipchandlers, Clearing & Forwarding Agents Yearly 3,000.00 3.2 Shipping Agents Yearly 15,000.00 3.3 Fishing Companies Yearly 7,500.00 3.4 Handling of Bulk Cargo Yearly 15,000.00 3.5 Miscellaneous Yearly 3,000.00 4.0 ACCESS PASS Item Services Rs 4.1 Individual access pass (including vehicle up to 3.0 tons gross weight) to port area (with photo) Yearly or Part thereof 200.00 4.2 Vehicle pass (for vehicles of over 3.0 tons gross weight) Yearly or Part thereof 500.00 5.0 PASSENGER DUES To be paid by all vessels carrying passengers, apart from those providing scheduled local services between Port Louis and its dependencies. The amount chargeable is to be based on the maximum number of passengers on board the ship at any time during its stay in port. Item Services US$ 5.1 Per Passenger 5.00 18 6.0 FIRE FIGHTING SERVICES Item Services Rs 6.1 Standby charges (for loading/unloading white oil, LP Gas or other purpose) Per hour or part thereof 800.00 6.2 Supply of water Per hour or part thereof 400.00 7.0 OTHER SERVICES Item Service : Hire Of Chains/ Fenders Rs 7.01 One chain or wire or wire with nylon tail/day or part thereof 500.00 7.02 Yokohama fender / day or part thereof 1,000.00 7.03 Boat survey fees 1,500.00