Ports and Marine Services Ordinance, 1985 (No. 19 of 1985)

VIRGIN ISLANDS PORTS A:>;IJ ~IARINESER\'ICES ORDINANCE, 1985 .-\R!L\Nl;E~IE:-:T OF SECTIO'.';S PART I Preliminary I. Short title. 2. Interpretation. PART II Establishment of Ports and :\larine Scr\'itcs Drpartnu·nt and Ports and \larine Serrices Board 3. Estahlislunent of Ports and \larine Serdtes Department and :\ I.iri11c Sl'n ifL'S Board. 4. Con."ililution of Board. 5. lnqt1iries. 6. \\'itnt..•ss l':\J)L'llSL'S. 7. Rd\1:--al to <lppear in answer to summons. 8. Inrriminating questions. 9. F,iJ..,L1 l'Yich.'lll"l' to ht..• perjury. 10 . .-\ssl'ssors at inquiries. 11. De!L•gation of powtrs to hold inquir)·. I:!. lnquin m,1~ lw puh\ir. IJ. Im111u11ily for liability. !'.\RT Ill '.\lanagemen1 of Harbours and Territorial \\"atl'rs of the Yirgi11 Islands 1-1. Harbours. 15. Director of Port.~ and .\Iarine Senices. 16, Ye . ..,.'!els entering harhour unclL'r ge1wral din'ction or Director. 17, RrnwYal of fo~·l'ign ,essl'is from trrritorial waters. 18. Buo\'s etc. llJ. Ren)o\·a\ and dispo:-,,,\ of \\recks l'tr. 20. \\"ilful sinking and ;,1b:.rndoning etc. of ,l'ssel in harbour. 2 I. Boarding of \'l'S"il'l ,rithout permission. 22, Obstruction of territorial waters etc. 23. Setting H'S"iL·l adrift. 146 2-1. 25. 26. 27. 28. 29. 30. JI. 32. 33. 3-l. 35. 36. 37. 38. 39. 10. ll. 12. .JJ . l-1. 45. 16. l 7. l8. PART I\' Pilotagc Compulsory pilotagr and licensing of pilots. Production of pilot's licence. Delivery up of pilot's licence. Pilot licence not transferable. Fradulcnt u.se of licence. Recovery of pilotage fees. lndcnrnity of consignee or agents for fees claimed. Offences in n•lation to pilots. Pilotagr certificates to mastL•r and mates. Cancellation of pilotage certificate. Liahilitr of master \'L'Ssd. Liabilit~· in case or grant or renewal of pilot licern:e or pilotagl.' certificate. Pilot to he ser\'ant of' ownl'r or mastl'r. \,nignting in t.:ompuisor} piiotage harbour without pilot. Inquiries hy Board inlo conduct of pilots. Suspension of pilot liL'l•nce pending inquiry. l'.\RT \' Collisions and Rd;Jtcd lrn.·idenls Prcn·ntion of l'ollisions. Liahilit~ for pollution. damag.e to ( 'rm, n propert~ and to marine l'l1\ ironment. .\l'ci<knt and pnl\ution prol'edun'. . \ssistanre lo damaged ressd a duty. Detention or unsafe H'ssels. Pro\'isions in relation to tinall , detained ,csscl. Cancellation of order for final detention. .-\ppra\ a}!ainst order for final c!l'tl'lltio11. Putting lo ."iL·a in inckment \\l';.ither. PART \'I 49. Constn1ction etc. and licl'nsing of "han es. 50. Exemptions from the pn>,·i ..,ions of Part \-L 51. Existing \\ han cs. 52. Crown rights. ~J. Cancellation or licenn·s. 5-f.. Effl-ct.-; of ranccllation or failure IO olJtain ere. licence. 147 PART VII Ferries 55. Ferry Licences. 56. ferry Licence to be displayed. 57. Existing ferries. 58. Suspension of Ferry Licence. 59. Ferries to be licenced in accordance with inland water regulations. 60. Offences in relation to Part VII. PART VIII Port Dues and Charges 6 I. Port dues. 62. Exemptions from port dues. 63. Ship's dues. 6-.. Miscellaneous charges 65. Persons liable for dues and charges. 66. Enision of' dues and charges. 67. Information to he supplied on arrival of vessel. 68. Information to he supplied on departure of ,·csscl. 69. Time for payment of dues and charges. 70. Power to hoard vessels. 71. Guarantee of payment of dues and charges. 72. Failure to pay dues and charges. 73. Power of Board ta sue for dues and charges. 74. Power to withhold clearance. P.\RT IX Responsibility of Board as Warehouseman 75. Liability as warehouseman. PART X ;\ liscellancous 76. Sums ordered to be paid leviable by distress on Yessel. 77. Obstruction etc. or staff. 78. ;\laintainance of order on public wharves. 79. Jurisdh:tion. 80. False returns. 81. Application of penalties. 82. Compounding offences. :;J. Territorial waters of the \'irgin Islands free to foreign vessels. 8-L Boats and vessels of \'irgin Islands free to naYigate. 85. All ,·esscls to enter a designated harbour. 148 86. Co\ J,l)ct of interest. 87. Regulations. 88 .. Annual Report. 89. Approval of certain Regulations. 90. Transistional provisions. 91. Enactments affected. 92. Repeal of Cap. 122 and Ordinance No. 20 of 1972. 93. Commencement. FinST SCHEDULE SECO:\D SCHEDULE THIRD SCHEDULE 1 ,,n pil'1<l]l('l1 No. 19ofl985 I Assent D. R. BARWICK, Governor, Ports and Marine Services"3" Ordinance, 1985 31st December, 1985 VIRGIN ISLANDS No. 19 of 1985 Virgin Islands An Ordinance to repeal the Harbours and Wharves Ordinance, and th,, Port Dues and Charges Ordinance, 1972, and make fresh provision for the administration of ports and marine services and provide for related matters. [Gazetted 23rd .January, 1986] E:'-i,\CTED by the Legislature of the Virgin Islands as follows: PART I Prcliminar} I. This Ordinance mav he cited as the Ports and ~larine Scrviccs Ordinance, 1985. · 2. For the purposes of this Ordinance, "Board" means the Ports and ;\Iarine Services Board established under section J: "buov" means anv moored float and includes anv lloatii1g light. m~irk or sign used as an aid ti) navigation. other th;rn a lighthouse: "cargo" includes all kinds of mornble property other than animals: ''Chairman" means the Chairman of the Board: "'charges" means an, charges or rates levied by the Board under thi~ Ordinance; "Department'' means the Ports and \Jarine Ser• rices Department established under section J~ "Director" means the Director of the Ports ~111el JJiarine Services Department appointed under section 15 and includes any person acting under his general or specific direction; "dues" means dues of every description payable under this Ordinance; "ferry" means any vessel plying from one side of a waterway to the other or between places on the same or different islands or territories for the purpose of carrying passengers or goods; ''foreign vessel" means a vessel not registered in the Virgin Islands or the United Kingdom; "goods" means all kind of movable property including animals; uharbour" means all the territorial water of the Virgin Islands and a harbour or pOfl appointed or declared to be a harbour or port in accordance with this Ordinance together with (a) its approaches and channels of ingress and egress and the fore• shore thereof; and (h) all the whar\'es, jetties, slips, docks and breakwaters and the machinery, plant. tools or other property appertaining thereto and used for the purposes of the operation of the harbour; "'inland water craft" means any vessel that carries for hire or otherwise goods clr persons between whan·es or places in the territorial waters of the Virgin Islands; "lighthouse" includes a light ship; ··master'' includes every person having or taking charge or command of a n·sscl; "\linister" except in section 18 and in Part YI. means the I\Iinister for the time bring charged with responsibility for the administration of ports and harbours and marine transport: 1 ·owner'' when used in relation to 1 C 1 (a) (b) goods, includes any consign61i consignee, shipper or agent of t'Wi, owner for the sale, custody, load­ ing, handling, unloading or deli­ very of the goods; a vessel, sea-plane and other water-borne craft, includes any part-owner, charterer, master, operator, consignee or mortgagee in possession thereof or any duly authorised agent of such persons; "passenger" means a person other than a stow­ away being carried on a ship who is not a member of the crew of that ship; '"pilotage certificate" means a pilotage certificate issued under section 32(2); "pleasure yacht" includes any ship, launch, houseboat, randan, ferry, skiff, dinghy, shallop, punt or canoe, however navigated, not being used for the carriage of passengers or goods or for hire or rcvrnrd; ••port" includes a harbour; "qualified pilot" means a qualified person duly appointed or licensed by the Board and not belonging to a ship hut has conduct therefor; ''sea-plane" includes a flying boat and any other aircraft designed to manocuYre on the water~ ··ship" includes every description of vessel used in navigation not exclusivel.Y powered by oars and includes sea~planes and similar craft; "vessel" includes every description or craft other than a sea-plane on the water used or capable of being used as a means of transportation on through or under water and "power-driven ves­ ~eP' means any vessel propelled by machinery: "territorial waters of the Virgin Islands" means the territorial sea and internal waters of the British Virgin Islands, including all the bavs, coves, inlets, sounds. channels. passages, marinas. pods and harbours directly or indirectly opening 152 lla~jacent \he reto, whethe~ ~atur~l ~r artificial, mlhm the hm1ts of the British V1rgm Islands; "warehouse" includes any building, place, wagon, compartment, container, ship or vehicle when used for the purpose of warehousing, de­ positing or storage of goods; "wharr' means a wharf, jetty, pier, mooring or quay of whatever description and includes any wharf, jetty, pier, mooring or quay erected or extending beyond the high water mark of Ordin­ ary Spring Tides (OST) or extending into waters of any navigable channel and also includes any portion or extension moored in such waters and used as a wharf, jetty, pier, mooring or quay. PART II Establishment of Ports and Marine Services Department and Ports and l\larine Services Board 3. (I) For the purposes of this Ordinance, there is established a department to be known as the Ports and l\larine Services Department, in this Ordinance referred to as the Department, which shall be a department of the Public Services of the Territory. (2) For the eflicient operation of the Department there is established a Board to he known as the Ports and :\larinc Servires Board. (3) The functions of the Board are (a) to advise the :\linister with respect to affairs relating to ports and maritime matters in the Territory; and lb) to perform such other functions as are conferred on it hy this Ordinance. 1. The First Schedule has effect in relation to the constitution of the Hoard and otherwise in relation thereto. 5. (I) In the performing of its functions under this Ordinance the Board may conduct such inquiries into incidents connected with maritime matters whenever it is satisfied that there is u: need to Jo so. 153 Esiahlish­ lllL'lll nf Porb ;111d Marine Services l)cp;irtrnent ;rnd Port.~ ;111d i\brine SL'f"\'i(CS Bu;ird. l '11nst1lllliOll t'\ Bn,nd Fir~t Schedule Inquiries. (2) Where th e Board decides to condu-n inquiry in pursuance of subsection (I) it may, if necessary, (a) in wTiting authorise any of its members or anv other person to board any vessel and inspect the ,ess el, any part M it or any machinery, boats, eqmpment or articles on board it, without un­ necessarily detaining the vessel from proceeding on its voyage; (h) in writing authorise anv of its memhen or anv other person to enter anCI inspect any premises if ft appears to the Board, or to the person authorised, to be necessary for the purposes of the inquiry; (c) by summons issued under the hand of the Chair~ m;rn ret1uin• the .lflt'ncbm:t• of ~rn.r person ;)t ;1 time and place specified in the summons to he examined for the purpose of the inquiry; (d) subject to scl'tion 8. require a person summoned undL•r paragraph (c) to answrr such questions, produce such documents, give such infornrntion or make such returns as it considers llCl'Cssary: {cl in \\Tiling authorlsl' anv or its iHL'lllhl'rs or an,· othl'r pl'rson to require tind enforce the prod11ctiol1 of all hooks. papt'rs or documl'nts that the Board or the person authorised considers important for the purpose or the inquiry: and ( I') in writing authorise anv or its members or a,n other person to admii1ister oaths or, in 1iel1 (hereof. require a person examined to make and subscribe to a dedaration as to the truth of statements made b~ him. in the coun,e of his c.\aminatinn. h. ( l 1 .\ witness attending in obecJil,nte to a summons under Sl'L'tion 5 is entitl<:d to sul'h rxpcnses as" ould be allowed a witness ~1tt~ndi:1g on subpoena to giH• evidence before the High Court. 154 (r 1\Vhere there is a dispute as to the amount of the expenses fo---Vvhich a witness is entitled, the mat!er shaJJ be referred to the Registrar of the High Court who, on request made of him by the Chairman, shall certify the amount of the expenses and the decision of the Registrar is final. 7. A person who (a) refuses to appear in answer to a summons issued under this Ordinance; or (b) unreasonably refuses or neglects (i) to give answer or to make a return; (ii) to produce any document in his possession: or (iii) to make or subscribe to an\-· declaration that ma,· lawfull1· be required or him, · · may, on the application of the Board, he committed to prison by a judge of the High Court for tontcmpt of Court until the contempt is purged. 8. A person summoncd under this Ordinance is not bound to answer a question that is likely to incriminate himself. 9. . y witness who wilfully gin•s cYidence that is false in a material particular on oath .J.t any inquiry hefon.: th1: Board is guilty of the offence of perjury and may he prosecuted and punished accordingly. 10. The Board, in conducting an inquiry under this Ordi­ nance, may employ one or more assessors as the :\linister approves, of such nautical engineering or other special skill or knowledge. to assist with the conduct of inquiry. Rcfus..il to app~ar in .in:iw..::r 10 ::.umrnom,. l 11..:ri111i11:1t inµ l(lf<.'\(l\)fl:-,. Fb:--c <:\ idi:11c<.' \I) •i>L' P'-'riu1·y. r\ss..::ssnrs at inquirii:s. 11. The Board may, without derogation from its povi-'t:TS under l )'-•k·: .. :.1ti(111111 this Part. delegate to an~ person or to any of its members 1111 \ 1 : 1·\ \() :.rnthority to conduct an inquiry under this Ordinance an<l a person ll\ll,I inquii·y to whom a power has been so dele~atcd has all the pO\rers and immunitirs of the Board for the purposes of the inquiry. 155 y may ,\ic. 1·11v allilit:,'. ir·, k 12. (I) The Minister may direct whether or notwnquiry to be held under this Part shall be held in camera; but, in tne absence of a direction to the contrary, every inquiry shall be held in public. (2) Without affecting the operation of subsection (I), the Board or other person authorised to conduct an inquiry may, for the preservation of order or for the proper conduct of the inquiry, exclude any person from the room or other place where the inquiry is being held. 13. (l) The Board, a person authorised by the Board or a member of the Board authorised by it, in conducting an inquiry under this Ordinance has all the privileges and immunities frorn process under the law as has a judge of the High Court. (2) The privileges and immunity specified in subsection (I) extend to the Croirn, the Director, tile Board, members of the Board and persons authorised by the Board or by the Director in respect or an)·thin~ done in good faith and in pursuance of this Ordinance. PART Ill i\fanagemcnt of H.irlrnur and Territorial \Vatcrs of the Virgin Islands I ➔. 11 I Subject to subsection (21, the harbours specified in the Second Schedule are the lrnrhours for the purposes of this Ordinance. (2) The \linister nrnY. b\' order, anll'nd the Second SchL·dule bv extending the linlits <.)f anv harbour or by adding thereto or ·dcl~ting therefrom, any hariJOur. · 15. There shall be a Director of Ports and ~ larine Senices who shall be a public officer and whose functions shall he (al to manage and supervise the daily operations of harbours and marine sen·ices: (hJ to furnish the Board with an\" inform:.Hion it requires in relation to the harb.ours and marine affairs~ 156 (c) to perform such functions as may be assigned to '"l! )1 by the Minister or by the Board; and (d) to perform any other functions that are required by this Ordinance to be performed by the Director, 16. (I) All vessels entering, being or remaining in any harbour in the Territory are, during their continuance therein, subject to the general direction and control of the Director. (2) Notwithstanding anything contained in the regulations, the Director may, (a) give directions as to where any vessel or sea plane shall be berthed, moored anchored, or parked and as to the method of berthing, mooring, anchoring or parking of the vessel or sea-plane within a harbour or the approaches thereto; (b) order the removal of any vessel or seaplane from any berth, station or position to ,mother hcrth. station or position and specify in the order the time within which removal is to be effected; and (c) regulate the movement of vessels or sea-planes and other traflic within a harbour and the approaches thereto. 17. (II Notwithstanding anything contained in the regulation.,. the i\linistcr may order the rcmoYal of any foreign vessel. or sea-plane from the territorial waters of the Virgin Islands and may 5pccifJ tile time limit ,rithin irllich the remornl is lo be effrcte,l. 12) In specifying the time limit referred to in subsection (I), the ,linister may take due account of any limitations of the ,·essel. sea-plane and of the crew. (3) Any owner or person in charge of any I essel or sea-plane who, without reasonable excuse, fails to comply with an order given under section 16(2) or under subsection II) is guiltv of an offence and is liable on summary conviction to a line 0($2,000. 1-l) Where a person has been convicted of an offence under subsection I I) and the order in respect of which the comiction was obtained is still not complied with, that person is guilty of a continuing offence and is liable on summary conviction to a fine of $1,000 in respect of each day in respect of which the offence conti~ues after the -first conviction was obtained. 157 \"esscls entering harbour under oeneral Uirccti~n of Director. R.cmn,·;d of i,1fL'i~11 \l':S:SL'l !r11m t,:rritorial 11:1((.'r.~. ,,\;ii ,111d i,,il ul \...-.1.:1, ... (5) In case of a failure to comply witl6y order gi\'en under subsection (I) and the Minister is satisfieZJl!ff1at it is urgent and necessary and in the public interest or for the protection of the marine endronn,1~nt so to do 1 he ma·y, n·ithout prejudice to any proceedings being instituted against any pers011, request the Hoard or Director to take such measures and action as mav be reasonable and necessary for the purpose of having the order ·complied with; and any measure and action taken at the request of the Minister shall be at the risk and expense of the person against whom the order under subsection (1) was directed. (6) This section does not apply to a vessel in distress in the territorial waters of the Viq,in Islands, but beyond the internal waters, if the ressel is remored by the owner or person in charge of it within such period of time as the i\linister considers reasonable. 18. Except for na\'igational aids placed in the territorial waters of the Virgin islands nnd moorin~s placed in those waters for ,·xtlusive use of the department, no person slrnll place any buoy, mooring or other structure or obstruction within the territorial waters of the Virgin Islands except (a) in accordance with the manner and conditions prescribed in Part VI: and (hl upon the pay1Hcnt of such fees as the l\linistt•r responsible for N:.,tural Resources, may, by Order, pre.scribe. 19. ( I l ~o owner or person in charge of a vessel shall: la) 1111lawfully place that ,·esscl: or (b) aJJow tlrnt H',')St'J to n•majn sunk~ stranded or abandoned. within an \ harbour. or other territoriaJ watcr.s of the \"irgin hJands or in anY fain, av or on the seashore or on or near anv rotk. hank. shoal, o~ rcC.:'f or· in any part of the sea adjacent to th·e cmt-;t of thL· \'irg).n Islands. 12) \\'here a vessel is allowed to remain sunk, stranded, abandoned or unlawfully placed in a place ml'ntioncd in subsection i 11 and the Board is satisfied that the 1essel is like!)· (al to caus{: (i) obstruction to navigation or to the lawful landing of a ressel on the heath, foreshore or bank of the harbour. bank of \he inland water or of thL· sea; or 158 (ii) obstruction to the use of the beach, harbour, inland water or sea; or (h) to constitute (i) a risk of pollution; or (ii) a danger to the environment, the Board may, without notice to the owner of the vessel, authorise the Director or any other officer of the Department to perform in relation to the vessel any of the acts s11ecitied in subsection (3). (3) The acts referred to in subsection (I) that the Board may authorise the Director or other officer of the Department to perform in relation to a vessel mentioned in that a subsection, are (a) to takr• possession of or raise. remove or destroy the whole or any part of the vessel; · f b} to Jight the ,·essel or any 1wrt of it or buoy it until it is raised, removed or dcstrovcd, as the case ma\· be; or · · tel to sell, in such manner as may be convenient (ii the vessel or any part thereof; or (ii) its contents or an~· part thcrcor. 1-ll The proceeds of a sale under this settion shall he appropriated in satisfaction of the expenses incurred by the Ocpartnwnt as a rc~ult of th\! raising of the V\'ssel and of the sate and the remainder shall he held in trust for the person entitled thereto. 151 If. afler the e,piration of a period of 6 months. no claim i, made for the remainder of the proceeds to which suhseclion (4) refers, it shall be paid into the Consolidated Fund. (61 If the proceeds of a sale under this section are less than the expenses mentioned in subsection (-11, the b,ilance may he n.'tOYt:rrd in chH prOl:eeciings a5 a debt due to the Crown. (7) An order of the court is not necessary for the taking of posse,.;sion and sale of a ressel under this section and no liabilitv attarhes to the Crown, to the Board or to any person acting undef the "Juthorbation of the Board for an)' act perfonr1ed under ,,,.ubse<:tion (3/. 159 lilful nkinl!. :ind );inJOninl! C. ofy,;:--,~~I 1 h;nbour. 1.1idrn\..'. uf \Sci . tlhllil r1111~~1un ,,[rtH ·i(,>I) tl·rnlori,d tcrs l'tc. 20. (I) Any person who, without the pernmsion in writing of the Board (a) wilfully sinks, strands or abandons a vessel in any harbour, or in any territorial water of the Virgin Islands; or (b) does so in contravention of the terms of any such permission, is, without affecting the operation of subsections (2) to (7) of section 19, guilty of an offence and is liable on summary conviction to a fine of $5,000 or to imprisonment for a term of 12 months or both. (2) A vessel that is left anchored in the territorial waters of the Virgin Islands for a period of 6 months or more and is not removed by the owner upon being requested to remove it bv the Director is an abandoned vessel for the purposes of this section and section 19. 21. : y person who (a} goes on hoard a vesst.>I in a harbour or in the territorial waters of the Virgin Islands without permission of the master, agent or owner of the Ycssel; or (h) being lawfullv on hoard any such vessel fails to IL•aYc the YesSel upon heing fequestcd to do so hv the master, agent or owner ~ is guilly of an offence and is liahlc on summary conviction, in the case of a first offence. to a fine of $500 or to imprisonment for a term of J months and in the cns.e of a second or subsequent offence to a fine of $1,000 or to imprisonment for a term of 6 months or hoth. 22. ( l) No person shall unlawfullv cause an obstruction or do anything that is likely to cause ohsiruction to (a) navi~ation in the territorial waters of the Virgin Islands; (bl the lawful use of any 1,.-mding place, whether or not it has been reserved under the regulations or otherwise; (cl the lawful use of any pier, jetty, wharf, quay, dock, or mooring~ or 160 (d }t )Jy works connected with navigation in the Vi;gin 1slands (2) Any person who contravenes subsection (I) is guilty of an offence and· is liable on summary conviction to a fine of SSOO or to imprisonment for a term of 6 months. (3) Notwithstanding subsection (2), the court may, in addition to any punishment it imposes under that subsection make such order for the removal of the obstruction as it thinks fit and the order may contain a direction that the convicted person pay the cost of the removal. 23. Any person who, for the purpose of obtaining salvage or Si:ttine. vc:--,:--,c for nny other purpose, :tdrif: ~ (a) wilfully sets any vessel adril't; or (h) cuts, breaks or unfastens the moorings of any vessel with intent to set the vessel adrift, is guiltv of an offence and is 1iahle on summar\' conviction to a fine of $1.liOO or to imprisonment for a term of 6 months or both. l'ARTIV PHotagc 24. 11} There sha\l he prescribed such harbours and other areas in resp('ct of which there shall be in operation a sy~trm for compulsory pilotage. (21 The Board may, with the appro,al of the '.llinister, la) on receipt of the prescribed fee, license as pilots such persons as the Board is satisfied are compe­ tent to conduct cargo vessels and passenger vessels into and out of a harbour; and ( b) cancel or suspends the licence of any pilot. 131 I·:,ery qualified pilot on his appointment shall he issued with a licence. to be known as a "pilot licence", in such form as the \linister approves and the licence shall. in addition to an, other particulars, contain in respect of the person to whom it j5 ·b:-.tH:d. the following particulars: (a) his name m1d address: 1fi 1 \ 'ilmpuh1n\ pil1ll.i,1,?.t.: :1ml liccn-;1ne. 111 pilot~. ;rndudi\lll (l( ,i\()\ lil'Clll'C )1.·\i\ ..:1 \' up it pil(I! l\l'ILl'l' '11,ll \11.1.'IKt.' 1,1( I ,Ill\ I'-.' I ,il,I~· h.1uduknl h1.·11\ lt'Ll\(l' lZ·.·(, l\ 1.·: \ ' I :1il,11.1~'-· i°l'O (b) his photograph; and (c) the limits within which he must operate as a pilot. (4) Every pilot licence must be signed by the holder thereof and also by the Chairman of the Board. (5) A pilot licence is valid for a period of one year uniess a shorter period is specified in the pilot licence for its validity; but it is renewable for a further period of one year upon payment of the prescribed fee. 25. Every qualified pilot shall, when acting as such, produce his pilot licence to any person by whom he is employed or to whom he offers his services as pilot. 26. (II Every qualified pilot shall, when required to do so by the lloard, produce or delher up his pilot licence to the Board or to such persons as the B<rnrd authorises to take possession or the lkence. (2) On the death of a pilot, any person who has possession of his pilot licence shall transmit it to the Board without delay. (J) Any pilot who contravenes suhscttion (I) and any person n-ho cm1tnrrcncs subsection l2l is guilty of an offence and is liahle on summary convktion to a line of $250 or to imprisonment for a krm of one month. 27. A pilot licence is not transfrrahlc. 28. .. y person who (al uses or attempts to use a pilot licence that he is not entitled to use; or (bl usl's or attempts to use a pilot licence fur a purpose that is not within the limits specified in the licence in pursuance of paragraph IC\ of section 2..\(3\, is guil(v of an offence and is liable on summary con\'iction to a tine of $500 or imprisonment for a term of J months. 29. \ 1) Pilotage feL's <lue to any qualified pilot. in respect of serYices rendered in respect of a vessel may be recovered b~ the pilot in civil proceedings from lal thl' master or o\ er of the vessel: or (l>J,]L~onsignee, or an agent who has paid or made them liable to any charge or account of the vessel at port of arrival, discharge, loading or departure, except that no action for recovery of pilotage fees shall be entertained by the Court unless a request for payment had been made in writing by the pilot. 30. A consignee, or agent, not being the master or owner of a vessel who is liable for payment of pilotage fees or from whom payment of pilotage fees have been recovered may, out of anv moneys received by him on account thereof or belonging to the owner of the resscl, retain any reasonable expenses he has incurred by reason of payment of the fees or of his liability to pay the fees. 31. (I) A qualilied pilot who, (a\ lends his pilot licence to any person; (bJ within or outside the limits of his licence :.1cts as a pilot during a period that he is suspended; (e) within or outside the limits of his licence acts as a pilot while he is under the inlluence of alcohol or drugs; I cl I rduscs to take charge or wilfully delays in taking charge. of any n·ssel ,rithin the limits of hi.s licencL'; (i) when not prcrcnted from doing so hv reason or illness or other reasc)nahfc cause; and liil upon being requested to do sob~ tlw mastl'r of Ua• Ye.sseJ, its own­ er, agent or consignee or by any member of the !load or hv the Director; · (cl umH:cessarify cuts. s{ips or causes to he cut or slipped. any t.:abk or line belonging to any Yessel: I fl refuses II hen requested by the master to conduct a vessel of which he is in charge into any harbour. port or place into which he is qualilied to conduct that Ycssel. except on reasonable grounds of the likelihood of clanger to the n!ssel; or lnd...:nrnit\' or \.'.l)!hii.!!W~ O! .i!.!o.:nl fnr kc cL11111cd, Ufll'n<.:t:s in rc:btit\11 lu pilots. (g) without the consent of the master, qu1· ,a vesse~ of which he has charge before the serv! for which he has been hired has been performed, is guilty ofan offence and is liable on summary convicti~n to a ~ne of $500 or to imprisonment for a term of 3 months and, m ad~1t10n thereto, is personally liable for any damage lo the vessel that 1s the result of his action. (2) Any person who aids, abets, counsels or procures the commission of any offence under this section is liable in like manner and to the same extent as specified in subsection (1). (3) If the person referred to in subsection (I) is a pilot, he is, in addition to the liability he incurs, liable al the discretion of the l3oard to suspension or dismissal. (4) If anv qualified pilot while he is in charge of' a vessel wilfully, negligenily or by reason of his being under the influence of drugs or alcoholic drink, (al does any thing that (i) causes or is likely to cause the loss or destruction of, or serious dam~ a~c to~ the vessel~ or (iii is likclv to he a source of danger to the ·life or limh of any person on board thcrl'of: or (hl fails to do any lawful act \hat is necessary to he done hy him for ( i l preserving the Yesscl from loss. destruction or serious damage. or Iii! prcserYing any person belong.in~ thereto or on board thereof from danger to life or limb. is guilty of an offence. (5) A pilot guilty ofan offence under subsection (-1.) is liable 1a) on con\'iction on indictment to a tine of S5.000 or to imprisonmrnt for a term of 2 years or both: or lb) on summan· t'Oll\'iction to a line of 52.UOO or to imprisonme.nt for a term of 12 months or both: 164 and, in 1Pl,dition thereto, the Board may revoke his pilot licence. 32. \I) The Board may, if it thinks fit (a) on the application of the master or mate of any vessel; and (b) on payment by him of the prescribed fee, examine him as to his competence lo pilot the vessel of which he is master or mate within any harbour in respect of which there is compulsory pilotage. (2) If the Board, after an examination of a master or mate, is satisfied that the master or mate is competent to pilot the ,esscl of w hich he is the master or mate, it may issue to him on payment by h11n of the prescribed fee a certificate to be known as a pilotage certificate specifying (a) the name of' the person to whom it is issued; (b) the vessel in respect of' which it is issued; (c) the limits within which the master or mate is entitled to pilot the vessel; and (d) the period for which it is rnlid. {J) A person to whom a pilotagc certificate is granted is, while he is acting as master or mate of the Ycssel specified in the certificate entitled to pilot that vessel within the limits specified in the certificate. (-1) A pilolage certificate is not transferable and is rnlid for a period of one )'Car unless a shorter period is spedfied in the pi\otage certificate for its rnlidit,·; but it is renewable for a further period of one year upon paynient of the prescribed fee. who 151 A person to whom a pilotage certificate has been issued (al lends his pilotage certificate to any person; (h) acts as a pilot after his pilotage certificate has been cancelled under section 35~ (cl acts as a pilot without having obtained a pilotage certificate: or (di acts as a pilot while he is under the influence of alcohol or drugs, 165 Pilotage certificates to 111<1s ter and mates. : ';11i,.:clL1tion 1f rilot:1gc :crtifici!c. 1-i;ihilit\· of 11a~1cr of ,'l's,SL'I. .i;1hili 1,· i 11 ":l',C llf ~r;\11[ 11 ,-L·n .. -~, :ii ()r 111\ll IICL'IKL' 11' 11il1l\:l,'.C Cl l i fic:11<.'. lj\(l[ (() hL' Cl"\-all! ti! 111 ncr or 11.1~11.·1 ,,l\li,c,lli!\!!.lll ,111q;uhu; \ ii, l\:lc.'.l' :11'iltlt1I· illHlllt pi111\ is guilty of an offence and is liable on summar]9pnviction to a fine of $500 or to imprisonment for a term otW months; and, in addition, is personally liable for any damage that results from his actions. 33. The Board may cancel any pilotage certificate it has issued if it is satisfied that the person to whom it was issued has been guilty of misconduct or has shown himself incompetent to pilot the vessel. 3-1. Notwithstanding this Ordinance or any law in force in the Territory, the owner or master navigating in circumstances in which pilotagc is compulsory is answerable for any loss or damage mused by the vessel or by any fault arising from the navigation of the vessel as he would be if pilotagc were not compulsory. 35. The grant of renewal of a pilot licence or pilotage certificate by· the Board under the powers given to it by this Ordinance docs not operate to attach liability to the Crown, the Board or to any member of the lloard for any loss or damage that arises as a result of any act or default of a person to whom a pilot licence or a pilotage certificate has hecn issued. 36. Any qualified pilot is, while he is engaged in any act of pilotage, the servant of the owner, master or person in charge of the vessel under pilotage, and neither the Crown nor the Board nor any member of the Board is liable for any loss or damage that arises as a result of the act, om missions default of any pilot, vd1cther or not the pilot is normally employed in the service of the Crown. 37. (I) No vessel other than a vessel exempted under subsection ( 2) shall he navigated in a harbour or other area in which pilot age is compulsory unless the ycsscl is under the control of a qualified pilot or a master or male holding a valid pilotagc certificate issued under this Ordinance. (2) The n:'ssels exempted from the provisions of subsection I I I are as folhms: (al vessels belonging to· Her ~lajesty: (bi ,·essels belonging to the Crown by virtue of its GoYernment of the Territory: (cJ pleasure yachts not plying for hire or reward: ( d l vessels of less than 200 tons groS!:i registered tonnage: le) vessels trading exclusive!)· between places within the territorial waters of the Virgin Islands: and 166 (t) t1p,, dredges, barges, or similar vessels, ordinary clfufse of navigation of which do not extend beyond limits of the Territory. (3) Where •<1 vessel, other than a vessel exempted under subsection (2) is operated in contravention of subsection (I), the master of it is guilty of an offence and is liable on summary conviction to a fine of $500. 38. (I) The Board may, and shall when so directed by the Minister, inquire into the conduct of a qualified pilot whenever (a) there is reason to suspect that the pilot has been guilty of misconduct affecting his capability as a pilot; (b) has failed to perform his duty or has been negligent in the performance of his duty as a pilot; (c) appears to be no longer competent to act as a qualified pilot; or (d) has had an allegation of negligence or incompe­ tence made against him. (2) If the Board, after the inquiry under subsection I I), is satisfied as to (a) the misconduct. failure. neglect or incompetence of a pilot; or (hi the truth of the allegation made against a pilot, it may, with the approval of the Minister, suspend or cancel the pilot licence of the pilot. 39. (II The Board, in its discretion, may suspend the pilot licence of any pilot pending an inquiry under section 38 but any such suspension· shall be reported forthwith to the '\linister by the Board. (2) A pilot who is aggrieved by the suspension of his licence under subsection (I) may appeal to the l\linister. (.3) The ~linister may, after hearing an appeul. either himself or by some person assigned by him for the purpose, at1irm, vary or reYerse the decision of the Board: but, before varying any decision of the Board in such a way as to be detrimental to the pilot, the l\linister shall give the pilot an opportunity to be heard. (.t) The decision of the I\linister under this section is final. 167 Inquiries by Board into conduct of pillltS. Su-;pem,inn ol pilot licetKe pl'nd i11g inquiry. PART V Collisions and Related Incidents ,ven,;on of 40. (!) The rules contained in the convention on the Interna ,llisions. tional Regulations for Preventing Collisions at Sea, 1972 (as amended by Resolution of the Intergovernmental Maritime Con­ sultative Organization of 19th November, 1981), shall be followed in respect of all vessels, sea-planes and other craft navigating all territorial waters of the Virgin Islands; and shall be followed in respect of all British Vessels registered in the Virgin Islands, upon the high seas and in all waters connected therewith navigable by seagoing vessels; except in any case as may be prescribed by the ;ind 5S Viet Board or by any regulations under the Merchant shipping Act, ''' 1894, of the United Kingdom Parliament or any act replacing that Act. {)\\ 11 11r1.'1·1:· ,1nd 11\:ll"lllL' , n,1nmcn1 (2) Any master or owner of a vessel who operates a vessel in contravention of the regulations referred to in subsection ( 1) is guilty of an offence and is liable on summary conviction to a fine of $5,000. (3) If any damage to person or property arises as a result of non-compliance with any of the regulations referred to in subsec­ tion ( l ), lhe damage shall he deemed to have been occasioned bJ the wilful default uf the person in charge of the deck or the person for the time being having immediate control or direction of the Ycsscl, unless the Court is satisfied that the circum.'ilanct•s of the ca.1;c made a departure from the regulations ncccssar)'. ~ I. ( I) The owner of a .-essel is liahle to the Crown for (al ~rny d:unage, however caused, by the ve.sscl or by any person employed on or about the vessel to any harbour works, installation. plant or machinery or other property of the Crown; (h) lhe cost of clearing from the territorial waters of the Virgin Islands or from any part of the foreshore any pollution caused by the vessel or by any person employed on or about the vessel: and (c) any damage or injury to the marine environment or marine life of the \'irgin Islands, arising from or connected with lhe pollution or any other damage done by the vessel or by any person employed in or about the ,·essel. 121 Any amount in respect of which the owner of a vessel is liable under subsection (l) is recoverable from the owner of the vessel in civil proceedings as a debt due to the Crown. 1! 'J) Subsection (2) shall be construed as not affecting any other t"er'iiedy available to the Crown under any other law for the time being in force in the territory. (4) Notwithstanding subsections (2) and (3), a vessel referred to in subsection (I) and any other vessel belonging to the owner of that vessel may be seized and detained until the estimated cost of making good such damage or injury or of clearing of the pollution has been fuly paid or security therefor given to the Crown, 42. (]) Where damage or injury referred to in paragraph (a) or Accident"" (c) of section 41(1) has been caused by a vessel; or where any vessel pollution. in the territorial waters of the Virgin Islands has (a) sustained damage; (b) been the cause of an accident resulting in the loss of life or in serious injury to any person; or (c) sustained any material damage affecting its sea­ worthiMss or efficiency either in its hull or in any part of its machinery, gear or tackle, its owner or master shall within !he period of 24 hours immediately following the accident or as soon as possible thereafter submit to the Director, a written report of the accident or damage and the prohahlc occasion thereof signed by the owner or master. (2) A master or owner of a vessel who fails without reason a hie cause to comply with this section is guilty of an offence and is liable to a line of $500. 13. (I) \Vhere 2 or more vessels are inYolwd in a collison. the master or person in charge of each ,·essel. shaH. in so far as he can without damage to his vessel, crew and passengers (if any), (a) render to the other vessel inrnlved in the collision. its master, ere,,, and passengers, such assistance as may be practical and necessary to save them from danger and to stay by the other vessel until he has ascertained that it has no need for further assist­ ance; and (bl gire to the master or person in charge of the other vessel involved in the collision, (i) his mm name and address, liil lhe name of his vessel. and 169 .-\:,.sistancc 11 ( .bmai:cd \'('\s('C:1 t!ui; Detention of J11~;1fc ,·cssds. (iii) the name and address of its ow!le[ and its port of registration. (2) A master or person in charge of a vessel who fails without reasonable cause to comply with this section is guilty of an offence and is liable on summary conviction to a fine of $2,000. 44. (I) The Director may provisionally detain a vessel that is in a harbour and direct the master not to put it to sea if the Director is satisfied, that the vessel is an unseaworthy vessel (a) bv reason of the defective condition of its hull, e(1uipment or machinery; ( b) by reason of undermanning; or (c) by reason of overloading or improper loading, and it cannot be put to sea without serious danger to human life, ha,·ing regard to the nature of the service for which the vessel is heing used. (2) Where a vessel has been provisionally detained under subsection (I), the Director shall serve notice thereof on its owner or master directing him not to put the vessel to sea until the Director has cleared the vessel as safe for being put to sea. (3) If any ship (al has hccn provisionally detained under suhscction I Ii; and (b) a notice has been sern~d on the owner or master under suhsection (2). and the ship is put to sea in contravention of that notice, the owner or master. as the case nrny· he. is guilty of an offence and is liable on summary coiniction to a finr of $1 .001). (➔) Everr notice sened under subsection (2) must contain particulars of the alleged unseaworthiness of the vessel and a statement to the effect that an order for the final detention of the vessel \\ ill be issued unless steps are taken within such period as may be specified in the notice for the performance of such conditions with respect to the exel'ution of repairs or alterations, or the unloading or reloading of cargo, or the manning of the Yesscl, as the Dircl'tor may require. {5) The Director may Yary a notice given under this section und may extend the period required by the notice within whkh any act is to be performed. 170 6) If the owner, master or cha~terer of a~y ve.ssel on wh?m notice ,ms been served under this sect10n complies with the notice within the period specified therein or within any ext~nded p~riod granted, the Director shall release the vessel; but 1f he fmls to comply with the notice the Director shall order the vessel to be finally detained. (7) An order for final detention of a vessel shall be served on the owner or master of the vessel affected thereby and shall indicate the date from which it is effective. 45. (I) No vessel in respect of which an order for final detention has been made shall be put to sea or remain in any harbour for a longer period than 10 days after the ~ate of ord~r tor its final detention, except in accordance with the written perm1ss1on of the Director. (2) The Director may direct that a vessel in respect of whi~h an order for final detention has been made be beached or moored 111 am part of a harbour where its presence will neither constitute a ha~ard to navigation nor injuriously affect the interests of other users of the harbour. (3) The owner or master of a vessel in respect of which an order for final detention has been made who (a) puts the vessel to sea; or (h) allows the vessel to remain in any harbour in contravention of any direction giYcn under suh~ section (2) is guilty of an offence and is liable on sunnnary conviction to a firn.' of $2.tioo if the offence is a contravention of paragraph (al and $1.()00 if the offence is a contravention of paragraph ibl. (➔ I If an~· vessel in respect of which an order for final detention has been given remains in any· harbour contrary to any direction ghen under subsection (2), the Director may cause the vessel to be removed a.nd disposed of. (5) Subsections (3) to (7) of section 19 apply 111,aac is 11111/andis with respect to the disposal of a vessel that 1s m contravention of subsection (41 as they do in respect of Hssels that are in contra\'ention of that section. ➔6. If at anr time after an order for 11nal detention has been made in respect of any vessel but before it has he~n disp osed of under section 45(5), the owner or master thereof sat1shed the Director that the vessel is no longer unseaworthy w1thm the meaning of subsection I I) of section ➔➔• the Director shall cancel the order for its final detention. 171 Provision~ i rda1ion ti) finallv dctaii1cd \'l'SSCJ. Clll(l'il;1li( ,ii' t1rdL'[. :'11 lin~d 1..kt,;ntilrn ppcal ,iinst orJc-r r final tent ion. 1ttrng to sea inclemL"nt ::1 thc:r. 1nstructitm ·. :111d :n-..ing llf arvcs. mpuun, l lhl' i~1ons , 11 \' J. 47. The owner, of any vessel in respect of Ach an order for final detention has been made may, within 3 da~of being notified of the order, appeal to the Minister whose decision shall be final. 48. Where the Director is satisfied that, by reason of any impending hurricane or other threatening signs of turbulent weather, it would be unsafe to allow any vessel in a harbour to put to sea, he may direct the owner of that vessel not to put it to sea and an owner who puts a vessel to sea contrary to such a direction is guilty of an offence and is liable on summary conviction to a fine of $500. PART VJ Wharves 49. (l) No person shall construct, alter, extend or operate a wharf in the territorial waters of the Virgin Islands except under and in accordance with a licence granted by the Minister responsible for Natural Resources. (2) A licence is obtainable by making application therefor to the Board in such form as the Minister responsible for Natural Resources approYes. (3) The Board shall, upon receiving an application under subsection (2), (a) intcrvicv"' the applicant; and (h) carry out such investigations of !he site and of the specifications and proposals as may be necessary to enable it to ascertain whether the licence may he grant~. · 14) The Board shall, upon completion of its im·estigations. report its findings to the l\linister responsible for Natural Resources who may authorise !he Board lo grant or refuse !he application. 15) Where an application has been granted under this section, the applicant is entitled to be issued with a licence in such form as the Minister responsible for Natural Resources approves upon payment by the applicant of the appropriate fee prescribed. 161 A licence is valid for a period of one year from the date on which it is issued but is renev,:able for a like period upon pannent of the prescribed fee. 50. The :\linister responsible for Natural Resources mav. bv order published in the Ga~ette. exempt any wharf or class of ~·ha~f from the provisions of this Part. 172 SI. ·~)ithout affecting section 50, a person who at the date of Existing the cominencement of this Ordinance, is operating a wharf in the wharves. Territory has a period of one month from that date within which to comply with the provisions of this Part. 52. The use of every wharf in the Territory shall be made Crown right available to the Crown ·if required. 53. The Board may, with the approval of the '.\linister Canccllatwr responsible for Natural Resources, cancel a licence issued to any of licence:-:.. person in respect of a particular wharf. 54. (1) A person who (a) constructs, alters or extends a wharf in contraven­ tion of this Part; (bl operates a wharf without a licence after the expiration of the period specified in section SI for complying with this Part; or (c) operates a wharf without having a valid licence for the purpose, is guilty of an offence and is liable on sumnrnry conviction to a tine of $1,000 or to imprisonment for a term of 6 months. (2) Where a person has been convicted of an offence under subsection (I) and continues the offence he is guilty of a continuing offence and is liable on summary conviction to a line of $2110 in respect of each day or part there,,f on which the offence continues after the date of the first conviction. (3) Where a licence is cancelled under section 53, the owner of the wharf shall, before the expiration of 14 days immediately following the cancellation of the licence, dismantle and remove the wharf: and if he fails to do so. the Director or an,· person authorised b\' the Board mar without haYing recourse to the Court dismantle a;,d remove the wharf and the cost of the dismantlement is recoverable as a debt due to the Crown in civil proceedings. PART VII Ferries Effect of cancellation or failure to obtain c:rc. licence. 55. (I) '.'\o person shall operate a ferry within the territorial F<:1n· waters of the Virgin Islands unless he has obtained a licence fron1 lil'<:n-c,:s the Board for the purpose, 12) .-\ licence to operate a ferry is obtainable by m;,1king 1 7'.l il''- (\l h: "''din 1,Lilh.'l' 111l.:11d n~·..:-; 111 il'll 1U \ 11 application therefor to the Board in such fo~ as the Board approves. (3) The Board shall upon receiving an application under subsection (2), (a) interview the applicant; and (b) carry out such investigations in respect of the application as may be necesary. (4) The Board shall, upon completion of its investigation, grant the application with the approval of the Minister or refuse the application. (5) Where an application has been granted under this section, the applicant is entitled to be issued with a licence in a form approved by the Board and known as a Ferry Licence upon payment hy him of the prescribed fee. (6) A Ferry Licence is valid for a period of one year hut is renewahle for a like period upon payment of the prescribed !'cc and ma~' only he used in respect of the ferry in relation to which it is issued. 56. Where the Board issues a Ferr~· Licence, that licence shall he displa~cd in a conspicuous place on the ferry in respect of which the Ferry Licence is issued. 57. :'\otwithstandinv section 55( l ). a person who at the dak of the commencement of this Ordinance is operating a ferry in the tcrr-itorial waters ol' the Virgin Islands has a period of one month from that date within which to comply with the proYisions of this Part. 08. The Board may, with the apprornl of the i\linistrr, suspend a Ferry Licence ~ranted under this Part if the ferry or the mode of its operation is. in the opinion of the Board, unsafe or. as the case may be. contrar~· to good seamanship: and where a Ferry Licence is suspended, the suspension remains until the Board is satisfied that the cause of the suspension has been remedied. 59. EYery vessel in respect of which a Ferry Licence has been issued shall he licensed in accordance with the regulations relating to inland "atcr craft and if the vessel ceases at an\· time to be so registered the Ferry Licence granted under this ·Part lapses. 60. l l) . y person who ta) contrantncs Si.'ction 5511) or 56; 174 (bJl5 an application for a Ferry Licence wilfully makes a statement that he knows to be false; or (c) operates a ferry while the Ferry Licence is suspended under section 58, is guilty of an offence and is liable on summary conviction to a fine of $500 or to imprisonment for a term of 3 months or both. (2) A person who is convicted of an offence under paragraph (a) or (c) of subsection (I) and continues the offence is guilty of a continuing offence and is liable on summary comiction to a fine of $200 in respect of each day or part thereof on which the offence continues after the first conviction. PART VIII Ports Dues and Charges 6 l. ( l) There is p~\yable in respect of every vessel enterin~ any Pon th1L'j harbour or port in the Territory such port dues as shall be prescribed. (2) All port dues are payable to the Comptroller of Customs or to such other person as the Board, with the approval of the Minister, authorises to collect port dues. 62. (I) Cargo vessels registered in the Virgin Islands under the Merchant Shipping Act of the United Kingdom Parliament and \'Csscls licensed and registered under the provisions of this Ordinance arc, in an~· case. not liable in any one year to payment of port dues in excess of 26 pa~·ments according to the rate prescribed in accordance with section 87. (2) For the purposes of subsection (I) "year" means the calendar year commencing 1st January and ending 31st Dcceinhcr. (3) Notwithstanding subsections (I) and (2), port dues are not payable by (a) Her l\lajesty's ships of war and other fleet auxiliaries helonging to Her ~lajesty's Govern­ ment: (b) Yessels belonging to a foreign GoYernment, not plying for freight or fares; or (c) any vessel exempted by the Governor in Council in ,,Titing from p.iyment of port dues. 175 F:--1.'mpt\,)n:-. fm port dul' .'-7 & ):,-; \'il ( (1{) liSl'l'li.tns ous durgcs. (4) For the purposes of this sectiollffljhe Governor in Council may grant exemptions from payment of port dues in respect of such vessels as he, thinks fit. 63. Subject to. t his Ordinance, the Board may with the approval of the Mm,ster, levy and there shall be payable (a) on all ressels entering inwards into any harbour or port in the Territory from foreign waters such light and buoyage dues; and ' (b) in re lation to any harbour or to any area in the Virgm Islands Waters that the Board designates, anchorage dues, mooring dues, buoyage dues, berlhmg dues and other ship's dues as may be prescribed. 6.J. (I). Suhjed to this Ordinance, the Board may with the apprornl of the l\hmster, lc,·y such charges as may he prescribed (a) for the use of any works or appliances provided at any harbour or port in the Territory~ (h) for any sen·icc rendered in respect of anJ' vessel; or {c) for goods supplied b v the Crown or hv the Board in pursuam::e of the power and rcsi>onsihilitics confrrred h} this Ordinance. . 12) \Yithout limiting or affecting the operation of subscc­ trnn I I I· the Board may, with the apprornl of the i\linistcr, charge surh fcL•s as maJ' be prescribed for /al the Jandin g. shipping. wharfage. cranage, storage. warehousmJ.!, carriage or demurrage of good.'J; (b) the use by any vessel or bv a person of anv wharf under the control of the· Board; · (cl the use of any gear, tackle, tools, trucks, trailers ~rnd any other plant nr equipment for the purpose of an~· \'l'Ssel or for an v goods handled, upon a1n wharf controlled hy the Board: · (d) the rendering of assistance to anv vessel whether leaYing or entering any of the wliarYes controlled by the Board or .not. heing within or outside anv harb11ur: · 176 (e~i · '1e supply of water; (f) the use of vessels, equipment and staff or contrac­ tors, for clearing and disposal of refuse or anv pollution by vessels in the territorial waters of the Virgin Islands or in any harbour or port or on anv wharf controlled by the Board; and • (g) any other service rendered but not specified in paragraphs (a) to (f). 65. . The following persons are liable to pay dues and charges prescribed pursuant to this Part: (a) the master or owner of the vessel; (b) every consignee or agent of the vessel who has held himself out as liable or has performed anv act such as would cause any reasonable person io regard h,m as the person liable to pay any dues and charges payable in respect of the vessel; or (c) the consignee, agent or other person by whom application has been made for the use of a,w specific facility, warehouse. storage, equipment'. tool or service. 66. Any person who, by any means whaboevcr, neglects to make or evades or attempts to cYadc any payment of duts and charges payable under or pursuant to this Ordinance or the regulations is guirty of an offence and is liahlc on summary conviction to a fine of $500 or to imprisonment for a term of J months or both. 67. (I) The master of anv ,essel that arrives in anv harhour or port shall, when required b)'.the Board. produce to the Board or to an, person authorised b, the Board · laJ the ship's register and ship"s papers: (bl a list containing the names of all the crew; (c) a list of all passengers and animals to be dis­ embarked and the names of the consignees of aH the cargo lo be u,1.,hipped: id) the bill of lading or a manifest relating to the cargo to be unshipped or the best account in writing thereof; (e) the draught of the vessel; and 177 Persons !iahi for dues anJ charges. EYa:-.ion o( dtu:s and char)!i.::-.. { n f(, rrn;t tr, 1 n !ll hl' '-UpplieJ \in <1rriv,il or \"~:-.:-.i:I, Information wbc :-.uppliL'd (l!l Lkp;1rturL' nt \'L':-i-.,d. J'J!lJL' flJ)" l,\\'111L'll\ (\j llll'' ;l)J,i /t.1 ( c'.L'\. 'l 1\\ L'T [() ,,,;1rd L'""L'h i·,1,11·:lillL'L' l'' ,t \ ll1L'l11 \ 71 u~·-; :ind h:;r~:t:-, (f) any other information in relation toWe vessel, crew, passengers, animals and cargo thereof the Board or the person authorised by the Board may require. (2) Any master of a vessel who contravenes subsection (I) is guilty of an offence and is liable on summary conviction to a fine of $500 or to imprisonment for a term of 3 months. 68. (l) The m,,ster of a vessel shall, when applying for clearance thereof from any harbour or port, produce to the Board or to any person duly authorised by the Board (a) a list of all the embarking passengers and animals; and (h) the best account in writing of all cargo being shipped on board the vessel in the harbour or port; and in addition thereto shall also 5upply lo the Board or to the person authorised by the Board such other information in relation to the n~ssd. crew, passengrrs, animals and cargo thereof a.,; the Board or that person re,1uires. (2) A nrnskr of a n~sscl who contravenes subsection (I) is guilty of an offence ~rnd js liable on summary conviction to a line of $50() or to imprisonment for a term of 3 months. 69. (I) All dues and charges payable under this part (al ;hall he paid at the time prescribed; or ih\ on demand wlwre no such time for payment is prescribed. (2\ For the purposes of subsection (II, all dues and char~es shall he deemed to have bt.'en demanded when they become due. (J) Dues and c.:hargcs arc due from the moment ,\ hen payment thereof may be lawfull~· demanded as being a debt. 70, The Board or any person authorised by it may, either alone or with any other person. board an \" Ycsscl within the territorial \\'aters of the \'irgin islands in order to ascertain whether dues and charges are payable in respect of the ,·essel. 71. The Board may require an r person who incurs or is about to inrnr liability for payment of dues and charges to deposit with the Board or with any person authorised by the Board such guarantee for payment of the dues nnd charges as the Board or the person authorised hy the Board considers sufficient. 178 72. If dues and charges are not paid on demand or at the prescrili.S time, the Director or any other person authorised by the Board mav, unless a sufficient guarantee is deposited with the Board in accordance with section 71 (a) in the case of dues and charges due and payable on goods on premises under the control of the Board or of the Crown, detain the goods; (b) in the case of dues and charges due and payable on goods on a vessel, within a harbour or port in the Territory, seize the goods and detain them; and (c) in the case of dues or charges due and payable in respect of a vessel, seize and detain the vessel and its appurtenances if the vessel is then or al any time within the territorial waters of the Virgin Islands. (2\ If goods subject to dues and charges arc removed l'rom the premises under the control of the Board before the duty has been paid, the Director or any other person authorised by the lloard mav seize, and detain anv goods that appear to belong lo or stand in the name of the persoi, liable for payment of the unpaid duc."i and charges whether those goods arc on premises under the c,introl of the Board or in a vessel in the territorial waters of the Virgin Islands. (3\ If a vessel de1iarts the territorial waters of the Virgin Islands leaving unpaid dues and charges payable in respect of that ycsscl. the Board or any person authorised by the Board may seiZl', and detain any other ,·essel belonging to the owner of the ,essel that so departed. (~) The Board may, after giving not less than IO days notice to the owner. master or agent of a vessel seized and detained or to the owner or consignee o(goods seized and detained sell any of the goods or. as \he case tnay be, the Yessel and its appurtenances and. if am· of the goods or the wssel are unsaleable dispose of the goods as ii sees tit and recowr as debt due to the Crown in civil proceedings the dues and charges in question. the expense of seizure. detention, at attempted sale and disposal of the property seized and detained. (5) Where (al goods seized and detained are of a perishable nature and the Director is of the opinion that it is impractical to giw the notice required in this section: or 179 F.iilure to pa dues and charges. ,w..:r of 1;11d lll '-lll' du1..''.>. .ind .1r~-:s. \\t..'f to thnlJ :1r;11KC (b) the goods are likely to deteriorate in va during the delay occasioned by giving the n~e, the Director may cause the goods to be sold without any notice being given under subsection (4) but, shall as soon thereafter as is practicable inform the person to whom the notice would have been given of the action that has been taken. (6) The proceeds or any sale under this section shall be applied as follows in the following order: (a) towards payment of any customs duty or any charges payable in respect thereof: (b) towards payment of the expenses of the sale; (c) towards payment of the dues and charges due to the Board and the Crown in respect of the goods; ( d) towards payment of freight and other claims of which notice has been given to the Board; and the surplus, if any, shall he paid to the owner of the goods on demand. (7) II' no demand is made for the surplus within 12 months from the dale of sale on the goods, the surplus shall be paid into the Consolidated Fund, whereupon all rights of the owner thereto shall be extinguished. (8) Subsection (7) of section 19 applies in respect of a sale under this section as it docs in respect of a sale under subsection (3) of that section. 73. ~otwithstanding anything contained in section 72, the Board or the Crown may in civil proceedings, recover any dues, charge!;, rates, expenses due to them as if the same were a debt. 7.J. ( I) Before any discharge or outward clearance is gi..en to any vessel. the Comptroller of Customs or any customs officer shall require the master, owner. or person in charge of the Hssel lo submit to him a certilicate from the Director stating that la) all dues and charges payable under this Ordinance or the regulations and any costs against the vessel or master or ovi:ner or person in charge of such Yessel have been paid: or lb) security to the satisfaction of the Director has been given for the payment of the dues and charges. 180 PART IX Responsibility of Board as Warehouseman 75. (1) Subject to the provisions of this Ordinance or the regulations or any contract, neither the Board nor the Crown is liable for the loss, misdelivery or detention of, or damage to, goods (a) delivered to or in the custody of the Board or any person authorised by the Board or appointed by the Crown for that purpose, except where the loss, misdelivery, detention or damage is caused by the want of reasonable foresight and care on the part of the Board, its agents or servants; or (b) accepted by the Board for carriage, storage or warehousing where the loss, misdelivery, deten­ tion or damage occurs otherwise than while the goods are being carried, stored or warehoused and is not caused by the want of reasonable foresight and care on the part of any person employed in the service of the Board or of the Crown. (2) Neither the Board nor the Crown is in anv case liable for loss. misdelirery, detention or damage as the cclsc may he. arb;in~ from: (a) act of God; (h) act of war or the Queen's enemies: {c) arrest or restraint of seizure under any legal process: (d) act or order of the Crown; {c) act of the consignor, consignee or depositor or the agent or servant of any such person; (f) lire, flood, tempest, explosion. riot. civil disorder, strike. lockout, stoppage or restraint of lahour from whaterer cause whether partial or general: (gJ wastage in hulk or weight, latent or inherent defect, natural dctC'rioraiion or vermin: I h I deficiency in the content of packages; Ii) unprotected cargo, insufficient or improper pack­ ing or leakage frum defective drums, containers or packages: or Liability as war~house­ nwn. u111~ urd..:rcU ) h..:- p~lid :,1;1bk by 1.,t!\.'~~ ()1) i.:~Sl'i. 1h-.1r1)l'\\11n :.:. 11! -,1:lti'. l:1in1cn:111u. 'lll\kl'\lll 11,lic li.11 \ ,:" U) any other cause beyond the control of th.rector, his agents, staff, servants or workmen, and which by the exercise of diligence he and each of them was unable to prevent. PART X Miscellaneous 76. Where a court has power to make an order directing payment to be made of any crew wages, tines, penalties or other sums of money, then if the party directed to make payment is the master or owner of a vessel and payment is not made at the time and in \he manner specified in the ordH, the court that nrnde the order may, in addition to any other powers it may have for the purpose of compelling payment, direct the amount remaining to be le,·ied br dbtress and sale of the ve.sseJ, her tackle furniture and apparel: 77. Any person who wilfully hinders or ohslrucls any member, staff or agent of the Board, or any servant of the Crown in the t'Xl'cution of his dut\' under this Ordinance is guilty of an offence and is liable on su.mman- conviction to a tine of $1,000 or to imprisonml'nt for a term· not exceeding 6 months or both. 78. I l) Where, in the opinion of the Director, it is desirable that a public wharf or a pri,·atc wharf while it is hcin~ used hy the Coren1mcnt, should he rkarcd or kept dear of persons. he may n·tJlll'.~l the .assistaJH:t' of a mt•mber of the Police Force to ft'quirc all persons. on tht..• wharf, other than oflicials ncccssaril)· present for the purpose of performing their duties and other persons autho• rised h r the Director. to Jeave the wharf and may forbid an~· person goin!,! thereon. (2) An: person who persistently remains or insists on 1,!0in~ on a "harf' specified in subsection t J) llftcr being required to leave or forbidden to go thereon may, by a member of' the Police Force or Customs Ofticrr or other pt.'rson authorised by the Director or hy a penon assisting them. be forcibly remo,·ed or forcibly prevented from going U1ercon. (3) \\'ithout affcctinj.! the operation of subst1ctions 11) and ! 21. the Dirl'ctor may v in~ such ordl:'rs and dinctions as he co11--;idl'rs IH~cl'ssarv for (he riwintem.utce of goad order ou a n-1wrf .,pccified in suhse(tion l l ). I 4) .- y person who /;1) persistently rcnrnins or insists on going on a wharf in contraYention of subsection (2l: 182 (b)l,I 'tkaults, resists, obstructs or uses abusive or insulting language to a member of the Police Force, or tu a Customs Officer or to any person assisting either of them, while lawfully executing their duty under subsection (2); or (c) disobeys an order of the Director given under subsection (3), is guilty of an offence and is liable on summary conviction to a tine of $500 or to imprisonment for a term of 6 months. 79. In any proceedings for anJ' offence, it is sufficient to allege that the offence was committed within the limit of a harbour or the territorial waters of the Virgin Islands without proof of such limits, unless the contrary is proved. 80. Any person who makes, either kno1ri11gl.r or reck!e.s!y, any statement that is false in any material particular in any return, claim or other document, required or authorised to be made under this Ordinance or the regulations is guilty of an offence and is liable on summary conviction to a fine of $1,000 or to imprisonment for a term of 6 months or both. 81. (I) Where a court imposes a fine under this Ordinance that court may direct the whole or any part of the tine to he applied. (a) in comptnsating any person for any loss or dama!!.e that he may haYe sustained hy act or default in respect of which the line i.s impo.sed; or lhl in or towards payin~ the expenses ot' the \>roc.~cd­ ings. (2) Subject to any directions gil·en under subsection (I), all tines under this Ordinance shall he paid in to the Consolidated Fund. 82. {I) \otwithstanding anything contained in this Ordinance, where (a) an offence has been committed under this Ordi­ nance; and (hi the Director is satisfied that the departure of a vessel nrn\' be unduh· delan•d bv reason of the time that is likely to eiapse ·before the trial of the Offence is concluded, he rnay. if the accused person admits to committing the offence, offer l!im the opportunity of p,iying to the Director an amount equal 183 Juristlic1ion. F:dsL' f'L'lll/'fl' t\pplic;11ion of !)L•11,1llil'.~ Cump\1t1nd· ing Offence.-; :rritori:1! tiers of the ir!.!in l.1~1t.b f, cc forci!!n S~\,.·b. .lh,llh! v·h,1! .'.Ill '11d~ I l'l'L J:I\ l!-.'.:ll( \'l'~~cls t(1 :r '.H l\ )l!f. 111d c.Julc to three-quarters of the maximum penalty tlilllla the court may impose for the offence as well as the total co~f repairing any damage or repladng any loss sustained by the Crown as a result of the offence hav.ing been commiUed. (2) Where an amount is paid under subsection (l), the Director shall give a receipt for the amount paid and the effect of the receipt given is to discharge the accused person from all liability in respect of the offence. (3) Any amount collected by the Director under this section shall be paid into the Consolidated Fund. 83. (I) Subject to the provisions of this Ordinance and to the regulations and to any other law in force in the Virgin Islands (a) all foreign vessels may navigate territorial waters of the Virgin Islands and every vessel navigating the territorial waters of the Virgin Islands is subject in all respects to the same laws to which British vessels are subject and (h) foreign vessels, or any goods. wares or merchan­ dise carried therein, shall not be subject to higher or other rate of port or other dues, duties, tolls, rates or other charges, or any other rules or restrictions than British vessels. (2) Paragraph (h) of subsection ( I) docs not affect the charging of fees under the Crubing Permits Ordinance, 1976 or anv enactment replacing that Ordinance. · S-L 1\II hoat.s and vessels belonging lo persons hclongin~ to or resident in the Virgin Islands and all goods, wares, merchandise and produce, or other property whatsoever belonging to such persons may he carried in such vessels for all lawful purposes. subject to the pro,isions of this Ordinance relative to the n.:1!,istration and licensing of bo<1ts and other craft. 85. (l I All vessels arriving and calling at anv place within the \'irgin Islands shall enter at and depart from a port specified in the Second Schedule and there shall be paid at the port all dues and charges required to be paid by ,irtue of this Ordinance. 121 ,.\ master of a vessel that is in contravention of subsection I I I is guilty of an offence and is liable to be arrested withollt a warrant bv anv member of the Police Force or bY a Customs Officer and in ·addition thereto is liable on summi1ry conviction to a fine of $2,000 or imprisonment for a term of 6 months or both. 184 p) A Customs Officer who arrests any person under subsefr,6n (2) shall deliver him into police custody as soon as possible after the arrest. (4) In addition to any penalty imposed under subsection (2) the master of a vessel in contravention of that section is liable to be declared persona non grata and the vessel may be seized and disposed of and section 19(7) applies in respect of such a seizure and disposal. 86. (1) No member of the Board or any other person who is Connicts o charged with responsibility for the conduct of any inquiry or the ;n,crrn. performance of any function under this Ordinance shall directly or indirectly take part in the conduct of the inquiry or in the performance of the function, as the case may be, if he has an interest. financial or otherwise, in the matter, but his presence shall be disregarded for the purpose of determining whether or not there is a quorum for a meeting in the subject of which he has an interest. (2) !fa person to whom subsection (I) refers is the Director he shall. in writing, notify the i\linister of the interest and the Minister shall assign a person who has no interest in the matter to perform the function. 87. The Minister may make regulations gcner:.llly for the Rcgubti(ln effectiYe operation of this ()dinance and specifically respecting the following: (a) the navigation of territorial waters of the Virgin Islands and the operation of ports and harbour.s therein; {hJ the registration and licensing of inland water craft and the fees to be paid in respect of the licensing and registration thereof: ( c J the issue of certificates of competency to musters of inland water craft: (dl the transportation of passengers on inland water craft; (el the carrying out of surYeys of motor, steam or ~ailing n:·ssels and the nature, quantity and qualit~ of the equipment to he carried on inland Wllter craft; \fl the licensing, appointment and duties of surYeyors Jnd the fees to be paid for surveyor's licences as \\ ell as for surveys carried out in respect of inland ',\ ater er art: 185 (g) the classification of inland water craft-and the exemption of any class of inland water craft from the application of the regulations; (h) the placing of buoys in the territorial waters of the Virgin Islands; (i) ti d 1e a mission of persons and vessels to any harbour or wharf and the orderly conduct of persons whether employees or not and vessels in or near any harbour or wharf; (j I the hours during which the entrances or outlets landwards to and from a harbour or wharf shall he open and cargo received or delivered; (k) the embarkation or landing of passengers, crew and other persons at a harbour or \'t-·harf; (I) lhc use of fires and lights at or near a harbour or wharf or any vessel at or near a harhour or ,i,.·harf; (m) damage to any vessel or goods or injurv to anv person sustained \'t"ithin the precincts of a ·11arboui­ or wharf; (n) the use of vehicles. cranes, forklifts and other mobile plant and equipment within the prccints of a wharf: (o) the maintaining of ckar channels of mnigation in or near harbours and the marking of fhhpots, buoys and other obstacles to naYigation: ( P) thL· prescribing of rates and dues to he charged for the use of harbours and wharves: (qJ the licensing and rc1,?;ulation of stevedores. m,aster porters. ship chandlers, pilots, divers, ship1>ing ~gents. customs brokers. landing agents, forward­ mg agents. weighers. measurers -of goods and other p~rsons concerned or engaged in the peform­ ance ol any work or business in connection with harbours: (rJ t!1e prevention ofmarinl' pollution and the prutec­ trnn of marine en\'iromnent: L-;) the use in territorial waters of the Yirgin Islands of transport and communication svsteins and na\'ioa. tio11;)l aids: · M (t) \.,e restriction of the use of any beach for any particular purpose other than in cases of emergency; (u) the prescribing of anything that is by this Ordi­ nance authorised or required to be prescribed; and (v) the creation of offences for breaches of the regulations and provisions of penalties not exceed­ ing $1,000 for the commission of any of those offences. 88. (I) There shall be prepared by the Board and submitted to the ;,.1inister not later than the 31st :I larch of each year a report of the operation of the ports and marine services in the Territory. (2) A copy of every report mentioned in subsection (II shall be laid on the table of the Legislative Council as soon as possible after the receipt thereof by the l\linister. 89. Any regulation made under this Ordinance which levies a fee for an)' purpose shall not take effect until the same has been approwd by the Legislative Council. ., nu:d Report. .-\ppruval of .:enain regulation-;. 90. The establishment of the Ports and r\larinc Services rr·,rn..,i\11)1Y.ll Department under section 3 of this Ordinance shall not he P1 tl\'i:-.1ll!l\. construed as affecting anything done hy the Interim Port :\uthority and all (a) liabilities incurred hy: (bl contracts entered into; and (c) legal proceedings pending in the name of or against, the Interim Port Authoritv shall be treated as incurred h,, entered into or pending in the nall.1c of or. as the case may be. a·gainst the Crown. 91. The enactments specified in the first column of the Third Schedule are affected in the respects specified in the second colunrn thereof opposite the particular enactment. En;t.:t111L'n:, .1 t"f.:cri.::d fhird Sd1.. •duk 9.2. ( I l The Harbours and \Yharves Ordinance and the Port f<... •p~•;il 1 Jt Uues .1nd Charges Ordinance, 1972 are rep~akd, Cip. 12: 12) :\otwithstanding subsection 11), the Schedule to the Port Due; And Chaq~es Ordimul.1.:e, 1972 nmains in fon::t- until Port Dues and Charges are presrrihed under this Ordinance. , 07 ()rdi11,111L·•~ '.\",i. Jlol i·n:. ,ind ;):1,·i11µ. 1/llfflCIJCC­ :nt. 93. This O~dinance comes into operation on such day as the Governor appoints by proclamation. · Passed the Legislative Council this 17th day of December, 1985. K. L. FLAX, Speaker. M. G. BORDE, Clerk of the Legislative Council. FIRST SCHEDULE (Section 4) Constitution of Port and Marine Services Board Matters related thereto I. The Board shall consist of no less than , members, 2 of whom shall be ex officio members and 4 of whom shall be appointed by the Minister. 2. The ex officio members shall be the Director of Ports and Marine Services and the Comptroller of Customs. 3. The appointed members shall consist of (a) a person experienced in matters related to ship­ ping; (h) a person experienced in the importation and exportation of goods~ (c) a person experienced in tourism~ and id) one other person appointed at the discretion of the Minister. .J. Persons referred to in paragraph 3 shall be appointed after consultation with the organisations connected with husincss at the port.<; and with marine :.u.-tivitil's in the Tt•rritory. 5. The ~linister shall. from among the appointed members, designate one member Chairman. 6. The Board shall meet at such times and places as the Chairman appoints hut meetings shall he held not less frequently than once every three months. 7. A majority of the members of the Board constitutes a quorum. 8. If the Chairman is absent from a meeting the memlJers present and constituting a quorum shall elect one of their members other than an ex officio member to be chairman for that meeting. 9. The Chairman shall call a meeting of the Board if at any time he is directed to do so bv the .\linister and shall also do so ·within 7 da)'s of this being requ~sted in ,n·iting by 3 members to call a nu.·ding. 10. A m~mber of the Board other than an e.f:1!/ficio member may resign 111s post by letter addressed to the Minister and from the date of the receipt of the letter by the Minister, the member ceases to be a member of the Board unless a date is specified in the letter in which case the member ceases to be a member from that date so specified. 11. Decisions of the Board shall be by consensus; but where this is not possible decisions shall be b)' the majority of votes cast except that where the voting is equal the Chairman has a casting ,ote in addition to his original vote, . 12. i\linutes of meetings of the Board shall be recorded bv a person assigned by the Director from among his staff to · be Secretary of the Board. l.l. Decisions of the Board shall be signified under the hand of the Chairman for that meeting. I.J. i\lemhers of the Board shall he paid such remuneration as the Governor in Council determines. 15. Subject to this Schedule, the Board may regulate its own pna:edurc. SECOND SCHEDCLE (Section I.Ji I) and 85) List of Ports in the Virgin Islands I. !?oad llarbour which includes all that area of ""·ater and foreshore lying to the north of an imaginary line drawn from Burt Point to ling Point, in the island of Tortola. ' ~rest !-.:mt Harbour which includes all that area of water and foreshore h·in~ hetweNJ the i.slnnd~ of Tortola and French­ man's Cay bomlded on the west by an imaginary line joining the \resternmost point of Frenchman's Cay to the westernmost point of Tortola at Steele Point. West End. and on the east bv the causewav comH:t:ting Frent:hman's Cay ,vith the island of 'i'ortola. · J. Great Harboar (.Jost \'an lhke) \I hich includes all that area of water lying gener:..illy to the 1iorth of. and enclosed bY, an imaginary line joining Dog Hole Point and Bettv Brown ROck in Thomas George Bay, in the island of Jost Va;1 Dyke. L Sr. Thomas Bay which includes all that area of water lying generally to the east of. and enclosed by. ,rn imaginary line drawn from Collision Point to For:t Point. on the island of \'{rgin Gorda. 190 THIRD SCHEDULE (Section 90) ENACTMENTS AFFECTED FIRST COLUMN Foreign Shipping (Agreements) Act (Cap. 120) Harbours and Wharves Ordi­ nance (Cap. 122) Receivers of Wreck Act (Cap, 126) Port Dues and Charges Ordi­ nance, 1972 Power Craft Ordinance, 1972 Explosives Ordinance, 1977 Harbours and \\'harves Revula• !ions made under Cap, 122. SECOND COLUMN Substitute "the Director of Ports and Marine Service" for "a Harbour l\'laster" and ''the Harbour Master" respectively wherever they appear therein. Whole Ordinance repealed. Substitute "Director of Ports and Marine Services" for ••Financial Secretary'' whcr~ ever it appears therein. \\'hole Ordinance except Sche­ dules repealed. In section 5, substitute "ol'licc or the Director of Ports and l\larinc Services" for "Harbour i\laster's office", Suhstitute "Director of Ports and i\larine Scniccs" for ••Ports l\lanager'' wherever it appears in subsections 121, (3) and (.J) of section 9, The Harbours and \\'hancs Regulations shall, until rernked and replaced be read and con• st rued as if the title • Director of Ports and i\Jarine Services" and its variations were used therein instead of the title "llnrbour master'' and its Yariations.