Port Authority Act

LAWS OF DOMINICA PORT AUTHORITY ACT CHAPTER 50:01 Ad rn of 19"J2 Am.endc.d by 20of1972 6ofJ975 6 ofl977 29 of 19RJ 25 of !9Rr J2ofl990 • Sec nolc on page 1. Curl'ent Autlmrlsctl Pnges Page,f t1wlwri.1·cd (im:lusive) IJyl,R,O. /-68 If 199 I L.R.O. /i/991 2 Chap. 50:01 LAWS OF DOMINICA Port Authority Index of Subsidiary Legislation Port Authority Regulations Note on Subsidiary Leglslatlon See Section I 02 of lhe Act. Note on Act No. 25 or 1987 Page 49 Notwithstanding the repeal or the Public Piers and Wharves Ordinance (Cap. 176 of the 1961 Ed.), Act No. 25 of 1987 preserved lhe Schedule to !hat Ordinance. Note on Commencement The Act ( except Part VII and section ] 02) came into operation on 14th August 1972 (the date of its publication in the Gazette). Part VH (but not section 102) was brought into operation on 1st October 1976 by S.R.O. 52/1976. Section 102 wa, however brought into operation by the Law Revision (Miscellaneous Amcodments) Act 1990. (Act No.12 of 1990). LAWS OF DOMINICA Pnrt A" 1Jwritv Chan. 50:01 CHAPTER 50:01 PORT AUTHORITY ACT ARRANGEMENT OF SECTIONS SECTION PART I I. Short title. 2. Interpretation. PART II ESTABLISHMENT, CONSTITUTION, MANAGEMENT AND STA!'F 3. Establishment of Autho1ily. 4. Constitution of the Authority. 5. Seal of t11e Authority. 6. Service of notice. 7. Procedure and meetings of Ute Authority. 8. Disclosure of interest and abstaining from voting. 9. Appointment of committees. IO. Power to delegate. 11. Remuneration of members. 12. Appointment of General Manager and P01t Manager. 13. Appointn1cnt of officers and servants. 14. Establishment and maintenance of Superannuation Schemes. 15. Protection of Authority. 16. Protection of members. 17. Policy. 18. Consultalive Body. PART Ill DUTIES AND GENERAL POWERS, PROVISIONS RELATING TO LAND, PROPERTY AND UNDERTAKINGS OF THE AUTHORITY 19. Powers at1d duties. 20. Compulsory acquisition of land. 21. Power to vest reclamations in Authority. 22. Apparacus, etc., not subject to distress, etc. L.R.0.1I1991 SECTION PART IV FINANCIAL 23. Revenue of Authority, 24. Application of revenue of Authority. 25. Temporary investment of funds. 26. Power to borrow. 27. Temporary borrowing. 28. Guara111ee or borrowing or Authority. 29. RcsctVc Fund. 30. A.pplication of surplus. 31. Estimates in respect offinancial year. 32. Accounts. 33. Audit. 34. Account:mls' rep011. 35. Report. PARTY RESPONSIBILITY OF THE AUTHORITY AS A WAREHOUSEMAN 36. Liability for loss, etc .. of goods. 37. Limitation of liability for loss, etc., where false account is given. 38. Burden of proof in proceedings under section 37. PART VI DUES, CHARGES AND TARIFF BOOK 39. Dues and charges when due. 40. Dues and charges in respect of ship. 41. Appointment of agent. 42. Security for charges. 43. Detention by authorised ofncer. 44. Master required to obtain certificate of authorised officer before requesting clearance. 45. All goods deemed to be in custody of Authority. 46. Power to dctcnninc conditions, and rates of caniage or ware­ housiug. SECTION 47. Port Manager may rclain goods until freight is paid. 48. Consignor or consignee liable for payment of carriage or warcliousing. 49. Duty lo deliver description of goods. 50. Authorised officer's power lo levy charges, etc. 51. Effect of non-removal of goods. 52. Application of the proceeds of sale. 53. Compilation of dues, charges and Tariff Book. PART VII PILOTAGE 54. Compulsory pilotagc. 55. Authority to employ pilots. 56. Appointment of functions of the Pilotagc Committee. 57. Conslilution of Pilotage Committee. 58. Rules. 59. Examination for licence. 60. Enquiries by Pilolagc Committee. 61. Submission of Pilotagc Committee's findings and recom­ mendations to Authority. 62. Liability of the master or owner in the case of a ship under pilotagc. 63. Limitations of pilot's liability when bond is given. 64. Pilotage Commiltce and Authority not liable for loss or damage occasioned by pilots. 65. Proceedings in respect of pilot. PART VIII SPECIAL PROVISIONS IN RELATION TO PORTS 66. Master to supply infonnation. 67. Power of Port Manager in rclalion to ships. 68. Power with respect to wrecks, etc. 69. Pirc on board ship. 70. Accidents. 71. Liability for demurrage. 72. Execution of orders. 73. Regulations. LR.O. /11991 SECHON PART IX PROVISIONS RELATING TO OFFENCES 74. Damaging property likely to endanger life. 75. Persons endangering safely of operations. 76. Failure to comply u11<lcr directions or section 67, etc. 77. Failure to employ licensed pilot. 78. Master's failure lo give information or giving false infonna tion, 79. Master refusing cnlry lo authorised officer. 80. False returns. 81. Evasion or dues anrl charges. 82. Dcmantllng improper accounls. 83. Miscellaneous offences. 84. Powers of arrest. 85. Place of trial. 86. PorL Manager may confer power on of'liccrs. PART X LEGAL PROVISIONS 87. Notice claims. 88. Limitation. 89. Rcstriclion or execution against pro1~1ty of the Authority. 90. Overpayment or unde11iayrnenl of dues and charges. PART XI TRANSITIONAL Transfer of Assets, Liabilities, Functions, etc. 9 I. Transfer of assets. 92. Land vested in Autl1orily LO be free from municipal rates and taxes. 93. Transfer of public servants. 94. Exemption from income tax. SECHON PART Xll MISCELLANEOUS AND GENERAL POWERS 95. Aulhority may appoint constables. 96. Bonded warehouse. 97. Port Manager's fiat. <Ji. Proo\. 99. Recovery of sums. 100. Moneys recovered 1.0 be paid into account of 1..hc Authority. 101. Opcralion of Customs Act. 102. Repeal of Caps. 176, 268 and 280. 103. Commencement. SCIIED\JLE. L.R.O. IJ/991 18 of t9n • Con1mcncc­ mcnl. Short title. Interpretation. I 12 of 19901. CHAPTER 50:01 PORT AUTHORITY ACT AN ACT to establish an Authority to be known as fhc Dominica Port J\ufhorHy, to provide II l'.CHirdirrnfrd :ind infcgrafcd system of port facilities and services connected therewith and for ancillary purposes. I 14th Septem bcr l 972 J PART I 1. This Act may he cited as U1c PORT AUTllORlTY Acr. 2. In this Act "animal" means any animate lhing of any kind except a human being; "Authority" means the Dominica Port AuUmrity established by section 3; "Authority pilot" means a pilot employed by the AuU10rity pursuant to section 56; · "authorised officer" means a person au1horiscd by the Port Manager to exercise the powers or pcrrorm the d,ulics in respect of which the expression is u::;cd; 11bcacon" means any liglH, mark or sign used as an aid to navigation, other than a lighthouse or buoy; 1'buoy" includes any floating light, mark or sign used as an aid to navigation, other than a lighthouse; ''cliargcs''mcan:-. any charges or rates levied by t11e Authority under this Act and includes any rent, but docs not include clues; "Chairman" means the Chainnan of the Authority; "constable" means a constable appointed by the Authority pursuant to section 95; "Council" means the Council of the Authority appointed pursuant to section 4; "dues" includes piiotage dues, po11 dues, tonnage dues levied under this Act but docs not include rates; ~ ·(s~~--N<;·1e~:;n·r,~1gc·2J "ferry" means any vesse1 plying from one side of a waterway to the other for the ptuposc of the carriage of goods or passengers; "fimmcial year" means such period of lwelvc months as I.he Authority wilh lhc r1pprovat of tile Minisler may determine to be its financial year; hut the first financial yc.ir shall he the period commencing wilh the cmmncnccmerll of this /\ct and ending with such day as shall be fixed by the Authority; "General Manager" means lhe general manager of the Authority appointed under section 12; "goods" means all kinds of movable property including animals; "local authority" means (a) in relation to the City of Roseau and the town of Portsn1outJ1, the Roseau City Cou11cil and 1J1e Portsmouth Town Council: and (h) in relation lo any other village or place except Canefield, the viUagc council established for that village or place; and (c) in relation lo Canefield the Caneficld Urban Council; "master" in relation to a ship means any person (other than an authority pilot) having charge for the time being of tl1al ship; "member" when used in rcl'1lion to the constitution of tl1e Authority includes Chairman; "Minislcr" means in relation to (a) any matter concerning finance, the Minister responsible for Finance; (b) any other rnaucr tl1e Minister responsible for Communi­ cations and Works; "owner" when used in relation ~ (a) to goods, includes any consignor, consignee, ship(1cr or agent or the owner for sale, custody, loading, handling, discharge or delivery of such goods; (b) to any ship, includes any part owner, charterer, operator, consignee ormo11gagcc in possession thereof or any duly authodscd agent of such person; LR.O. /!!991 "perishable goods" means goods liable lo rapid deterioration, and in particular includes fish, fruil, vegetables, meat, poultry, game, huller, eggs, milk, cheese, planls, small animals or any olher thing which the Authority may by Notincation declare to be pcrislrnb\c good:':i; "Permanent Secretary" includes a nominee appointed by the Minister; "Pilotagc Committee" means the Pilotage Committee appointed under section 56; "Potts" mean the Port of Roseau and tile Pon of Portsmouth described First Schedule. respectively in Pait I and Part II of the First Schedule or as described in the said Schedule as altered from time to time by the Minister; Estal>lisht11cnl of A\Jt\\orhy. Constitution of the Authority. 16 of 1975 6 of 1977 29 of 19RJJ. "Purl M·,,\,agcr" mc;m:;:; ,, \"'lmt M:.wmgcr appointed under !->cction \2; ''premises" includes any immovable pmpcrty whether open or en­ closed, whether built on or not, whel.her public or private 1111d whether maintah1ed or not under srntutory authority; "Regulations" means the Regulations made under this Act; "ship" includes m1y ship, vessel. Lug or boa!. of any kind whal.soever whether the same is propelled by steam or otherwise or is towed; "Tariff Book" means the lariff book prepared and published under section 53; "vehicle" means any vehicle towed or propelled by any means whatso­ ever for U1e portage of goods or persons 01herwise Urnn by sea. PART II ESTABLISHMENT, CONSTITUTION, MANAGEMENT AND STArF 3. (l) There is hereby established for the purposes of this Act a body lo be called the Dominica Po1t Authority. (2) The Authority shalt he a body corporate. 4. (1) The Authority shall be administered by a Council consist­ jng of nor. Jess than seven memOCrs appointed by the Minister. (2) The members of !he Council shall hold office for a period not exceeding three years, but arc eligible for re-appointment. (3) ThcMinistcrshall appoint tl1c Chaimian and Deputy Chair­ man of the Council from among the mcn\OCrn of the Cnund\. (4) A member may resign his office at anytime by giving wtittcn notice lo the Minister nnd in like manner U1c Minister may tcrminalc the appointment of a member. (5) Where a mc1nbcr ceases to be a member for any reason the Minister may appoint another person in his place for the remainder of 1!1c time for which the former member would liavc served ifhc did not cease to he a nicmhcr, (6) The Secretary of the Council :-hall be thcGcncrnl Mimagcr. 5. (1) The seal of the Authority shall be kept in the custody of the Chaimi:111 oroflhc c;cucral Manager and m:1y be affixed lo instruments pur.sumll lO a rcsolulion of lhc Authority and in the presence of lhc Chainnan and of one other member and the General Manager. (2) The seal of the Authority shall be authcntica1cd by the signature of the Cliairman or Deputy Chainnan and the General Manager, and 1hc seal shall be orDcially and judicially noticed. (3) All deeds, inslrumcnts, contracts and other documcnls other than those required by law to be under seal, made by, and all decisions of the Aulhority may be signified under the hand of the Chainnan or Deputy Chainnan or General Manager. Sc({I of rhc Au• tl1ori1y. f,. (1) Service ol' any nolicc, order or other document required or Service ofno,icc. authorised under this Act or any Rcgulatiom;, to be served on any person by t11e Uencrnl Manager or by any authorised officer or officers may be served (<i) by delivering il lo the per.son; (h) by lc;iving il :.H Ilic maml or ta~I known place ofahodc of the person; or (c) by sending it by registered post addressed to the person at his uslwl or last known address. (2) Se1vicc of any notice, ordC".r or 01hcr documcnl required or au1.horiscd, under this Acl or any Rcgulalio11s, to be served on the General Manager, or on any aut}1oriscd officer or oniccrs may be served ( a) by delivering the notice, order or other document to the General Manager or to the authorised officer; L.R.0.11199/ Procedure Hild meeting~ of the Authority. (b) by leaving it at the orfice of the General Manngcr; or (c) by sending it by registered post. addressed to the General Mani?gcr at the off1cc oft.he Authority. 7. ( I) The Authority shall meet at such t\mcs as may be nccessnry or expedient for the transaction of business, and such meetings sliafl be held al such place and time and on such days as the Authority may determine. (2) The Chairman may at any time call a special meeting or the Authority and shall call a special meeting within seven days of a requisition for Urnt purpose addressed to him by any time three mem­ bers lo consklcr the matters contained in the rcquisilion. (3) The Chainrnm shall call a special mcc(ing oft.he Authority if directed by the Minister to do so. (4) Wl1ere any member is disqualified from taking part in any deliberation or decision of the Authority with respect to any maucr, he shall be disregarded for the purpose of constiluting a quomm for deliberating on or deciding that matter. (5) The decision or the Au!l1ority with regard to any question shall be determined by vote of the majority of the members present at the mceling of the Authorily, and in any case when the votes of the members present in regard to any question arc equally divided, the Chairman presiding at the meeting shall have a casting vole in addition to his own vote. (6) Minutes of the proceedings or each meeting of the Author­ ity shall be kept in such manner as the Aut.horily may detcnnine and shall he conrinned hy the Chainn:u1 ns soon as practicable thereafter at a suhscqucnt mccl.ing. (7) 'f'hc Autlmrity may co-opt ai1yonc or more persons to attend any particular meeting or the Aulhotity for the purpose of assisting or advising the Auth01ity, hut no such co-opted person shalJ have any right to vote. (8) Subject to this section, t11e Authority lias power to regulalc its own proceedings. (9) At all meetings of the Authotity four members shall form a <Juorum. 8. (1) A member who is in any way, wheU1er directly or indi­ rectly, interested in an application to the Aulhority for a contract or prnposed contract wiU1 U1e Authority, shall declare U1e nature of his interest at the first meeting ortl1c Authority at which it is practicable ror him to do so. (2) A member shall not vole in respect of any contract or pro(X)scd contract with the Authority in which he is in any way interested, whether directly or indirectly. 9. (1) The Authority may appoint a committee of the Authority to examine and rcpo1t lo it on any matter whatsoever arising out of or connected wilh an)' or its functions under this Act. (2) Any such commiltcc shall consist of at least one member together with such other persons, whether mcmbcrn or not, whose assistance or scivicc tl1c Authority may desire. (3) Where persons, other than members, arc members of a committee appointed under this section, or where any person is co~ opted under section 7(6), the AuU1ority may, with the approval of the Minister, by resolution,, declare the remuneration and allowances of such persons, and such sums shall properly be payable out of the funds and resources of the Authority. (4) The AuU1ority may by resolution reject U1e report of any such committee or adopt it either wholly or with such modifications, additions or adaptations as the Authority may think fit. Disclosure of interest aml ab­ staining from vol· ing. Appoi111111cul of C01111llitWt'S, 10. Subject lo the provisions of this Act, the AuU10rily may dele­ gate to any member or commillee of the Authority the power and authorily to carry out on its behalf such duties as the Authority may dctcnninc. Power to delegate. 11. There shall be paid from the funds of the Authmity to the Rcmuncrn1io11 of Chainnan and other members, such, if any, remuneration, recs or members. allowances as the Minister may delennine. i 2. (I) The Authority shall, at such salary and upon such tcnns and conditions as it may determine, appoint~ (a) a General Manager; (b) such number of Port Managers as it thinks fit; but such appointme11ls shall be subject to tl1e approval or tl1c Mi11is1cr. Appointrncnt of {lcncral Manngcr a11d Port Manager. LlUJ. l!/9/JI Appointment of officers and ~crvants. Eslablishmcnl and maintenance of Supcrannna­ lion Sch('.111('.~. Ch. 31:01. (2) The General Manager shall be the chiercxccutivc officer of thcAulho1ity and shall exercise all U1c functions entrusted to him by this Act and any Regulations and (whether or not he is a member) shalt he prcsc11t at all meetings ort.hc Aulhority unless he has ohtainc<l lcavc or alJscncc from the Cl1ai rma11 <>r is i11capacitated by ill11css or (Jll1cr cause from attending such meetings. (3) In the event or the absence or the General Manager, the Autl1ority may, hy instrrnncnt in writing and with the approval or Ifie Minister, appoint any person to act as General Manager during 1J1c period of such absence upon such terms and condilions as it may dctennine. The person so appointed may exercise all the powers and all the duties by tliis Act exercisable or to be pcrfonned by tlle General Manager or as many of such powers and duties as may he specified in such instrument. 13. (1) The Authority may appoint and employ at such remunera­ tion and on such terms and conditions as it thinks fit sucl1 orticcrs and servants as it thinks necessary for tl1c proper carrying out of its funclions under this Act. (2) The pcrsm1s so engaged sl1all perfonn sucl1 duties as may be assigned to them by the General Manager. 14. (I) Subject to the provisions of the Social Security Act, the Authority may, with the approval or and suhject to such lenns and conditio11s as may lie impose(! by tl1e Minisler, provide for tl1e estahlisl1 menl and maintenance of a Pension Scheme or a Provident Fund Scheme for the benefit of the officers and employees of Ilic Authority. (2) Without prejudice to the generality or subsection (I), the Pension Scheme or Provident Fund Scheme may c1mblc the Authority lo (a) grant gratuities, pensions or superannuation allow­ ances to, or to the widows, families or dependants of its employees; (b) establish contributory and superannuation schemes and cstahl isl1 and contribute to su~rannualion fumls for I.he benefit of its employees; (c) enter into and carry into effect agreements with any insurance company or other association oreompany for seeming to any such en1ploycc, widow, family or dependants such gra1ui1ics, pensions or allowances as arc by this section authorised to be granled. 15. The validity or any act done or proceedings taken under this Act Protection of shall not be questioned on the ground Or -- Auihority. (a) the existence of any vacancy in l11c membership of, or any defect in the constitution of the Authority; (b) the contravention by a member of section 8; or (c) any omission, defect or irregularity not affecting the merits of the case. 16. No personal liability shall attach to any member in respect of Protection anything done or suffered in good faith under the provisions of this Act, of members. and any sums of money, damages or costs which may be recovered against any such member in respect of any act or thing done bona.fide for the purpose or carrying this Act into effect shall be paid out of the funds and resources or the Authority. 17. (J) The Minister may, after consult:ition with the Chairman, Pulicy. give to lhe Aulhorily directions or a general character as to the JXJlicy to be folJowcd in the pcrfonnancc of its functions in relation to matters appearing to him to concern the public interest. (2) The Authority shall furnish the Minister with such rctums, accounts and other infonnation as he may require with respect to the pmpcrty and activities or the Authmi1y, a"d sha11 afford 10 him facilities for verifying the infonnat'ion in such manner and at such times as he may reasonably require, 18. (1) The Minister may make Regulalions providing for the Cm1~11\tali"e establishment of a consultative body - nooy. (a) to represent lhe interests of persons using facilities under the control of the Authority; (b) for holding of consultations between the body and l11e Authority; (c) enabling the body lo make representations to the /\u­ tl101ity, or lo any particular memhcr or officer of the Aulhority with a view to safeguarding those interests. (2) The Regulalions may contain such incidcnlal and supple­ mental provisions (excluding provisions for the making of payments) l..R.O. 111991 Power~ and du­ ties. to persons sc1ving on that body 1u; 1J,c Minister consiitcrs expedient for the purposes or Ll1c Regulations. PART Ill DUTIES AND GENERAL POWERS, PROVISIONS RELATING TO LAND, PROPERTY AND UNDERTAKINGS OFTIIE AUTHORITY 19. (I) Subject to this Act, tl1c Authority is hereby empowered to provide in accordance with this Act and any Regulations, a co-ordi~ nalcd and integrated system of ports, lighlhouscs and port .services. (2) Subject lo lhis Act, the Aulhorily may for tl1e purpose of performing any of ils functions under this Act, do anything ;md cn1cr into any tram;aclion which in the opinion oftl1c Au1J10rity is necessary lo ensure the proper pcrfonnancc of h.s functions. (3) In particular and wiU1out prejudice to the generality of subsections (I) and (2), the Authority shall (a) operate t11c pons as appears to it best calculntcd to sc1vc the public interest; (b) regulate and control navigation within the limits of such ports and their approaches~ {c) maint:1in, improve :me! regulate lhc use of such ports and the services and facilities therein as it considers necessary or desirable; (d) provide for such ports and tl1e approaches u,ereto such pilotage services, beacons, buoys and other naviga~ tional services and aids as it considers necessary or desirable; (e) exercise the duties and functions in any enactment relating to shipping and oavigation fonncrly cxcr­ cisnhle hy the Port Depart111cnt. Compulsory 11c- 20. (I) 'I'l1c Prcside11l, when and as often as land is required for the qui~ition of la11d. purposes of this Act, may acquire either by plivatc treaty or compulso­ a1. 53:02. riJy under the Land Acquisilion Act any lands, and may cx.crcise all powers under the Act in relation to any acquisition or int.ended acqui­ sition of such l:tnds, (2) The Minislcr may upon such tcnns and conditions as he may dctcnninc, vest any lands acq\lircd in \he Au\hority by Order declaring that such lands shall vcsl in the Authority as from the date !hereof. Any such Order shall vest the lands absolutely in the Authority as from the date thereof, free from any c11c11111hrnnccs of any nature whatsoever. (3) Nothing herein con~1ined shall prejudice the light of any person having any interest in any lands acquired wil11in the provisions of ll1c Land Acquisition Act; and compensalion for any lands acquired under tl1is section shall he determined in accord:mce with section 19 of the Land Acquisition Act save U1at the date at which thccompcnsalion is to he assessed' is the date from which the declaration pursuant to section 3 of the said Act was published. 21. (I) Any wharf, dock or other public work constmctcd by the Government atong, across or extending out from the foreshore within the limits of the po1t and the land on which the same is constructed, any land reclaimed from the sea, and any part of the foreshore situated within the limits mentioned above, may be vested in the Authority UJXm such tcm1s and conditions as the Minister may detcnninc. (2) Nothing in this scclion shall be taken to derogate from or interfere with the use of private rights and the payment of adequate com~nsation under any wrillen law providing for compensation. 22. When any apparn111s, fixture or filling is placed in or upon any premises not being in the possession of the Authorily fr>r the purposes of carrying out U1e ftlnctions of the Authority, such apparatus, fixture or fitting shall not be subject to <listrcss or be taken in execution under process of any court or .any proceedings in bankruptcy against the person in whose possession U1c same is. PART IV FINANCIAL Power to vest rcc­ lamaliof\S i11 A11 thority. App~rn111s, Cle., uot .~uhjc:t:I lo di~ treH,ctc. 23. (1) The revenue of the Aull1orily shall consist of (a) the sums received by the Authority in respect o( dues and charges levied and payable in pursuance of this Act and any Regulations; Revenue or Au" lhorily. (b) such sums as the Authority may borrow for meeting any of ils obligations or discharging its functions; L.R.O. /11991 Application of revenue of Au­ tl1ori1y. ( c) all other sums that may tecome payable to or vested in the Aulhorily in respect or any rnal.tcr incidental to its powers and duties. (2) All sums referred lo in subsection (1) shall be paid into and placed to the credit or an account at a bank approved by the Minister. 24. 111c revenue of the Authority in any financial year slrnll be applied in tl1c payme11t or tl1e rollowing charges: (a) the interest and sinking rund contributions on any loan payable by the Authority; (b) the sums required to be paid to the Government towards the repayment of any loan made by the Government to the Authority; (c) tl1e remuneration and allowances of members and of any committee of the AuUmrity; (d) the salaries. remuneration, allowances, pensions, gratuiw tics, provident fund and other superannuation benefits of the officers and servants employed in orin connection with the activities carried on by the Authority; (e) the working and establishment expenses of, and the expen­ dilure on, or provision for the mainlen:mce or the property and installalicms of lhc J\utl1ori1y, mul tl1e discl1arge or the functions of the Authority properly clrnrgcahlc to revenue accounts; (/) such sums as the Authority thinks appropriate to set aside in respect of obsolescence and depreciation or renewal of lhe property or installations of the Authority, having regard to the ammmt set aside out of revenue under paragraphs (a) and (b) ; {g) the cost, or any po11ion thereof, of any new works, plant, or appliances not being a renewal of'prope1ty of the Authority, which the Authority may dctenninc to charge to revenue; (h) sums to be appropriated to the Reserve Fund; (i) any other expenditure authorised by the Authority and properly chargeable to revenue. 25. (I) The Authority may from time to time tcm1xnarily invest with the approval and i11 such mam1cr as tl1c Minister may direct any of its funds not required lo be expended in the meeting of itc; obligations or in the discharge of its functions. (2) All interests from such investment sliall he paid to Ilic credit of O,c Authority's account as provided in section 23(2). Tempornry in• ve~!ment of funds, 26. (1) Subject to this Act I.he Authority may from time to time for Power to borrow. the purposes of this Act raise loans (a) from !he Government; or (b) with the consent oft he Minister from any other source. (2) The power to borrow under this section may be exercised (a) to bonow and reborrow moneys by the issue and sale of dcbclllurcs or debenture stock or other sccutity for the purpose of raising the funds of the Authority for the effectual exercise by it of tl1c powers conferred by tl1is Act; (b) to create and issue debentures or debenture stock or otl1er security for any debentures or debenture stock or other security respectively issued in respect of moneys previously borrowed by lhe Authority. and not repaid; (c) to create, is;i;;uc and sc11 debentures or debenture stock or other securily for the purpose of borrowing money for redeeming any loans owing hythc Au1l1ority and ror paying t11e expenses incurred in the issue and creation of the debentures or debenture stock or other sccmity and otherwise carrying out the provisions of this Act; (d) to effect any conversion authorised by this section either by arrangement with t11e holders of the existing debentures or debenture stock or other security, or by the purchase of Ulc debentures or debenture stock or other security out of moneys raised by the sale of the debentures or debenture stock or other security, or partly in 1J1e one way or paitly in the other. (3) Without prejudice to seelion 27, the powcro[thc Autl,mity to borrow under this section shall not be exercised unless a proposal in writing showing (a) the amount and par1iculars of the proposed lonn; LR.0.111991 Tcmpornry bor­ rowing. Guarantee of borrowiug of Au­ thollty. (b) the rate of interest to be paid on the loan; (c) the source or sources frnm which tl1c loan is to be obtained; (d) the purposes lo which 1J1e money proJX>sed to be bor­ rowed is to be applied; and (e) the manner in which the loan is to be repaid, is first submitted for the approval of the Minister. 27. The /\.uthorily may with lhe consent of the Minister rrom time to time lx,rmw hy way of a temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require ( a) for the pu~,osc of <lcfraying expenses pending the receipt of rcvcriucs recoverable by it in respect of tl1e period of account in which those 'expenses arc chargeable; or (b) for the pu,posc of defraying, pending the receipt of money due in respect of any loan autlmrised to be raised under section 26(1), expenses intended lo be defrayed by any such loan. 28. (I) With the approval of the House of Assembly the Minister may guarantee, in such manner and on such conditions as he thinks fit, the payments of the principal and interest of any authorised borrowing of the Authority. (2) Where the Minster is satisfied that tl1cre has been default in the payment of any principal moneys or interest guaranteed under this section, he shall direct the repayment out of the Consolidaled Fund of the amount in respect of which there has been such default. (3) TheAutlmrity shall make to the Accountant General at such times and in such manner as the Minister may direct paymen1s of such amounts as may be so directed in or towards repayment of any sums issued in fulfilment of any guarantee given under this section, and payments of interest on what is outstanding for the time being in respect of any sums so issued at such ralc as the Minister may direct and di ncrcm rates or in le rest may he directed as regards di ffcrent sums .ind as regards interests for diflcrcnt periods. Reserve Fund. 29. The Authority shall establish a Reserve Fund which shall be dealt with and applied in accordance with any direction which may from time to time be given to the /\.ulhorily by the Mini.ster. 30. Any balance at U1e end of the financial year resulting from the ac\ivilics carried on by the Authorily under this Act which is available artcr making full allowance for the maucrs enumerated in section 24 shall he paid to the credit of the Consolidated Pund. 31. (I) The AuU1orily shall cause to be prepared every year esti­ mates of expenditure and revenue in respect of the cnsuitig financial year and shalJ adopt such estimates in respect of that year. (2) Supplcmcutary cstimalcs may he mloplcd al any 111ccli11g of the Authorily. (3) A copy of all estimates of revenue and expenditure in respect of the financial year and supplementary estimates in respect of Lllat year shall upon adoption by the Authority be sent to the Minister. Applicalion of s111plus. EstimMcs i,1 re­ spect of fin~ncial year. 32. (1) The Aullmrity shall keep proper accounts or all its Iran.sac- Accorn11~. lions to tl1c salisfoclion ofU1c Minister and a11tatementofaccounts shall be kept and made up in respect of each financial year. (2) The statement of accounts in respect of each financial year shall present a true and fair view of the linancial position of the Authority and of the results for U1e financial year to which it relates of the OJlcrations of U1c Authority. 33. (1) The accounts of tJ1e AutJmrity shall be audited in each Audit. financial year by qualified accountants appointed by lhc Authmity. (2) The Council, ofticers and servants of the Authority shall grant to the accountants appoint.eel to audit the accounts under subsec­ tion (1 ), all books, deeds, conlrncts, accounts, vouchers or other documents which they think necessary to call for, and may require any person holding or accountable for any such document to appearhcforc them and make a !-iigned statement in relation thereto and may require from such person such infonnation as they lhink necessary. (3) Any person who fails without reasonable excuse to comply with a request to produce a document or to enter an appearance and make and sign a st::ttcment or furnish information is liable on summary conviction to a fine or fiHccn hundred dollnrs or lo imprisonment for three rnontl1s. 34. The accountants, shall as soon as practicable and not lalcr Urnn Accrnmtants' re­ three months after the accounL~ have been submitted for audit, send an port. l,.R,0, 111991 audited statement of accounts and their report in respect of their audit for U1e financial year to U1e Authority. Report. 35. ( l) The Authority shall, as soon as practicable and not later than Liability for loss, etc .• of goods. {12 or 1990). one month from the receipt of the accounts .tml rqx)rt mentioned in sect.ion 34, submit a report to the Minister containing (a) a statement of U1e accounts of the AuUmrily; (b) an account of tJ1e activities of the Authority during the preceding financial year in such fmm as the Minister may direct. (2) The Minister shall cause a copy of the report togcll1cr with a copy of the audited statement oflhe accounts and the auditors' report thereon lo be laid on the rnhlc of the House of Assembly within one month of receipt thereof, or as soon as the Minster can practicably do so. PARTY RESPONSIBILITY OF TIIE AUTHORITY AS A WAREIIOUSEMAN 36. (I) Subject lo this Act or any Regulations or any contract, U1e Authority is not liable for the loss, misdelivcry or detention of, or damage to goods (a) delivered to or in the rx>sscssion of the Authorjfy otherwise than for the putposes of carriage and ware­ housing, except where such loss, misdclivcry, deten­ tion or damage is caused by want of reasonable fore­ sight and care on the part of any person employed by or on behalf of tJ1c Authority; (b) accepted by tl1e Authority for caniage or warehousing, where such loss, misdclivcry, detention or damage occurs 0U1crwise than white the goods are in transit or being warehoused, and is not caused by the want of reasonable foresight and care on the part of any person employed by or on behalf of the Authority; and the Authority is in no case liable for such loss, misde1ivery, detention or damage arising from • (i) act of God; (ii) acl or war or of the enemies of tile Stare; (iii) arrest or rcsLrninl or Heads of SI ale and Heads of Gov­ ernment or seizure under legal process; (iv) acl or omission or the consignor, consignee, or dcpo~i­ tor, or of the servant or agent of any such person; (v) fire, flood, l.empcst, riots, civil commotion, strikes, lock outs, stoppage or restraint or labour fmm what­ ever c.lusc, whether parti~\I or general~ (vi) inl1crcnt 1iability to wastage in bulk or weight, latent or . inherent defect, vice or natural deterioration; (vii) ddicicncy in tl1e contenls of unbroken packages~ (viii) insufl1ciency or improper packing or leakage from defective drums, containers or packages, and where such loss, misdclivery, detention or damage occurs in relation to goods accepted by the Authority ror carriage or for ware­ housing the limilation contained in section 37 shall apply. 37. The Jiabilily of the AutJ1ority in respect of any goods accepted by the Authorily ror carriage or warehousing and in relation to which an account false in any material particular has been given under section 49, shall nol in any case exceed the value of the goods as calculated in accordance wilh t11c description contained in such false account. 38. In any proceedings brought under section 36 against the Au­ thority, it is necessary for the person claiming damages or compensa­ tion to prove how l11c loss, misdclivery, detention or damage lo goods was caused, PART VI DUES, CHARGES AND TARIFF BOOK 39. All dues and charges payable under this Part shall be paid at the time s1x:cificd in the Regulations in relHtion t11crcto, and where no such time is specified any dues and charges shall be pnid on demand; alt dues and charges shall be deemed to have been demanded when they fall due in accordance with tile Regulations. 40. Subject to this Act and the Regulations, every ship which J,im/1:uion of lia­ hility for los~. etc., where false account is given. llurdcn of proof in proceedings under section 37. Dues and charges wfic11 dne. J)ucs and charges in Jcspcc.t of ship. L.R.0.11/991 (a} all dues mid d1argcs in rt:spccl of tl1c ship and all 1>errnltics and expenses to which U1e ship and her master arc liable under this act or Rcgulalions have hccn paid or secured to the satisfaction of the authorised officer; (b) he has complied wii11 this Act and the Regulations. 45. Nolwithstan<ling anything enacted in the Customs Import and Export Tariffs Ordinance or in any Acl replacing that Ordinance or in any other enactment alt goods shuH on importation and cxpor1alion by sea be deemed to be in the custody or the Authority. All goods deemed to be in CIMtody or Authority. [12 of 1990). Cap. 265. (1961 Ed.). 46. The Auti10rity may, subject lo this Act and any Regulations - rowcr1odetcr n1i11c conditions, and mies uf ('llr­ ,ir-r,c nr w:1n,­ ho11si11g. (a) delcnnine thecondilions upon which goods shall he carried orwarcl1oused :ind diffcrentco11ditiot\!. may !Jc dctcnni1,e,d in different cases; (b) detcnnlne the charges for the carriage or warehousing of goods by the Authority Md for any other seivicc or facility pcrfooncd or provided by the Authority. 47. (1) Where the agent of a ship from which any goods have been landed al a port and accepted by the Authority for carriage or warehous­ ing or for delivery to the consignee, notifies the Port Manager in writing that the freight or other charges payable to U1e agent of the ship to the amount specified in the notice remain unpaid in respect of the goods, the Port Manager shall retain the goods and re ruse delivery of them to the consignee or any other person until (a) the payment of any dues and charges in respect of such ship and the goods and customs duties thereon; (b) the production of receipt for, or a release from the payment of such amount signed, or purporting to be signed by or on behalf of t11e agent: or (c) the payment of such amount by 1l1e person entitled to take delivery !hereof. (2) Where lhe Pent Man:1gcr causes to be delivered any goods in respect of which a notice has been given under subsection (l) lo a person producing such receipt or release, or making such payment as is rclcrred to in par.1graph (/J) or(c), the Authority shall be free from <111 liability to any person in 1cs1xxt of lllc goods. Po,t Mmrngcr may rc1ain goods until freight is paid. l.,.R.O. 111991 Consignor or consignee liable for payment of omi11r,c or w11re­ housing. Duty to Jclivcr Jcscription of goods. (3) Nothing in this sccLion shall be construed as requiring any person to take into c1islodyoftl1c Authority any goods which would not otherwise be receivable by the Authority under this Act or any Regu­ lations or as requiring the Port Manager 10 inquire into the validity of any claim made for freight or any other sums made in any notice given by an agent under subsection (I). 48. The consignor of. or the person tendering any goods for carriage or warehousing by the Authority, or l11e consignee of, or person receiving any goods which have been carried or warehoused hy the Authoril.y is liable in accordance with the Regulations under this Pait for the charges-or the carriage or warelmusing and any other services performed or facility provided in rcspecl of the goods by the Authority. 49. (I} The consignor of, or the person tendering any goods for carriage or warehousing by the Authority and, on request hy an authorised officer, tile consignee of, or person receiving any goods which have been carried or warehoused by the Authority, shall deliver lo the authorised officer the documents as prescribed in the Regulations under lhis Part to enable ~uch ofnccr to dctcnnine the charges payable in respect of the carriage or warehousing or any other service pcrfonned or facility provided in respect of the goods. (2) An authorised officer may, forthc pu!]JOSC of verifying the documents delivered under subsection (1), require the consignor, person or consignee, as the case may he, to pctmit him to examine the goods. (3) If the consignor, person or consignee fails to deliver lhe documents referred to in subsection (l) or to pcnnit the goods to be examined as required in subsection (2), an authorised officer may, in respect of the goods which arc tendered for carriage or warehousing by the Authority, refuse Lo accept the goods for such carriage or warehous­ ing unless in respect thereof a charge not exceeding the highest payable for any class of goods is paid. (4) If in respect of goods which have been carried or warc­ l1ouscd by the Aulhorily, any document delivered under subsection (1) is found to be false in any material particular wilh respect lo the description of any goods to which it purports to relate, an authorised officer may refuse to deliver the goods unless in respect of warehousing or carriage of the goods a charge not exceeding double the highest charge payable for any class of goods is paid. Appointment of agent. Security for charges. Dctenrfon by au• thorised officer. Master required to obtain ccrtifialte of authorised officer before requesting clearnnce. ( a) enlcrs a port for the purpose of loading or discharging cargo or embarking or disembarking passengers; or (b) occupies an anchorage or berth within the 1x,r1, shall pay to the Authority the dues and charges in respect of such ship and for any service pcrfonned or facility provided in respect of such ship in accordance with the Regulations under this Part. 41. Every ship shall appoint an agent who shall be responsible for the payment oflhc dues nnd clrnrgcs wi1hou1 prejudice to the recovery by the agent from the master or owner of the sl1ip of such sums paid 011 behalf of any such ship. 42. An agent who intends to incur a liability in respect of any of the sums mentioned in section 40 may deposit with the Authority or guarantee such sums as are in the opinion of the Authority reasonable, having regard to the amount or probable amount of the sums which the agent is liable to pay to the Authotity. 43. (l) Where any sums mentioned in section 39 arc owing in respect of any ship, any authorised officer may with such assistance as he thinks necessary enter U1e ship and may arrest the ship and the tackle, apparel and fumiture thereof, and may detain it until the said sums are paid. (2) Where, artcr the arrest, such sums remain unpaid for a period of seven days, 1hc authorised ofliccr may cause the ship and the tackle, apparel and furniture thereof arrested to be sold, and out or the proceeds of the sale he shall retain the amount necessary to meet the expenses of the detention and sale thereof and shall after paying tl1e amount of any sums which arc owing to U1e Authority deliver the balance to the agent. (3) Where any ship, in respect ofwhkh the sums mentioned in section 39 arc owing and have not been secured as provided in section 42, leaves the port and enters or is in any other port, then such ship may be dealt with as if the sums so owing and not secured as mentioned above were sums owing in respect of such other port. 44. Before the master of any ship in port has oblained outward clearance from lhat port he shall lirst obtain from an authorised officer a certificate stating that SO. In respect of all goods in custody ofU1c Authority in pursuance of section 45, an authorised afliccrslml1 tJC entillcd to levy such charges as may he dclcrmincd in accordance with the Regulations made under Lhis Part, and he may do all such reasonable acts and incur such rca.sonahlc expenses as arc necessary for the proper custody and prcsc1vation of the goods, :md lhc Aul11ority shall have a Jicn on the goods for such charges and any 0U1cr expenses and shall be cnlitlcd to seize and detain the goods until such charges arc fully paid. 51. (I) Subject lo this section, and wilhoul prejudice to section 50, where any goods except perishable goods arc in the custody of the Authority and arc .on any premises of the Authority arc not removed therefrom within a period of fiflccn days from the time when the goods were placed in or on such prcrnises, the Port Manager shall cause a notice to he ~rvcd on the owner or any other person appearing to the Port Manger to be entllled thereto requiring him to remove tJ1c goods. (2) Where ( a) the owner of any goods in the possession of the Author­ ity is not known and no person appears to be entitled thereto; or (b) the notice referred lo in subsection (l) cannot for any reason be served: or (c) there has been a non--compliancc with any noti.cc served under subsection (I), the Port Manngcrmay, within a reasonable time not being less than six weeks nnU by a :,:;u\tab)e notice seven days before sale in the Gazette, sell t11e goods by public auction. (3) Where the goods undcrthis section arc perishable goods the Port Manager may direct U1cir removal within sucl1 shorlcr period, not being less than twenty.four hours aflcr the landing thereof, as the Po11 Manager thinks fit, and he may sell the goods without giving U1e said notice but shall as soon as practicable infonn the owner or such ot.ller person appearing to he entitled thereto of the action that has been taken. Authorisc.d officer'~ power t{) levy charges, ere. Kffcct of non"rc­ nioval of goods. 52. The proceeds of any sale under scclion 51 fiihall he applied by the Authority as follows, and in the following order: Applicali(m of the procc('.ds of sale. (a) in the payment of any duty payable in respect of the goods; (I,} in the payment of the expenses of sale; L.R.0.11199! Compilalion of dues, charges and Tariff Book. (c) in payment of the sums due to the Authorily in rcsp<'-CI of the carriage of warehousing and other service pcrfonncd or facility provided in respect of 1hc goods: (d) in payment of freight and other claims of which notice under this Act has been given, and by rendering the surplus, if any, to the owner or lhc person entitled thereto on demand, and ifno such demand is made within one year from the date of lhe sale of lhc goods, by paying the surplus inlo the funds of the Authority, whereupon all rights of such person to u,e surplus shall be extinguished. 53. (I) Subject to u,is Act, the dues, conditions and charges for !he carriage or warehousing or goods and for any other service or facility performed or provided by tl1e Authority when detennined, shall be in the form of Regulations, and shall be first submitted lo the Minister for approval. (2) The Regulations shall have effect from the date of publica­ tion or from such 1a1cr dale as may be specified therein. (3) Subject to the approval or the Minister, and without preju­ dice to subsections (1) and (2), the Regulations shall be deemed to have been made and be embodied in the Tariff Book as provided in accor­ dance with subsection (4). (4) The Authority shall cause to he prepared and published, in such manner as it thinks lil, a "Tarin Book" coniaining all matlcrs which under this Act or any Regulations arc required to be contained therein, together wiU1 such other matters as the Authority may deter­ mine, PART VII PILOTAGE compulsory pilo- 54. (1) The ports in this Acl shall be compulsory pifotagc po11s and iage. an ships other than excepted ships, navigating whether by entering, leaving or moving within the limiL<; U1crcof slrnll be under the pilotagc of a licensed pilot. (2) For U1e purposes of Uiis section Uie following ships arc excepted ships: (a) ships belonging lo the Stale; (/,) ships <1wncd or operated by the Authority; (c) pleasure yachts or fishing vessels; (d) ferrying boals plyin1~ as sucl1 exclusively wilhin 1he limils or a port; (e) ships of less than l00 Ions gross register; (JJ ships trading exclusively between ports and 0U1er pa1ts of State; ( g) tugs, dredges, barges r)r similar vessels whose ordinary course of navigation docs not extend beyond the limits of the Stale. (3) Tiic Port Manager may exempt fmm compulsory pilotage any ship in any particular case. SS. (1) Subject lo lhis Acl, Hm Authority may employ such number A111ho?1Y to c111 0Cpilo1s as il tl1inks necessary or expedient for Lhc pu1posc of providing ploy pilots. an adequate and efficient pilotagc service. (2) No person shall be employed as an Authority pilot unless he is in possession of a valid licence to act as a pilot issued under section 57. 56. 111c Authority shall appoint a Pilolagc Committee for the Appointment of functi0!1S- of the purpose of (a) holdingexarninalions mid issuing, on behalfof1he Author­ ity, licences to act as :u1 Aulhority pilol; (b) holding inqui1ics conccming the conduct or Authority pilols in the discharge of their duties: (c) making such arrangements as may be necessary for the training of persons selected for or in the pi1otc\gc service of the Autholily; (d) investigating and advising on such matters as may be referred lo the Commillec hy tile Autho1ity; and (c) carrying out such other functions as arc confencd on the Pilotagc Commillec by tl1is Act. 57. (l) The Pi1otagc Committee shall consist of~ f'ilotagtl Commit Consli\\ltion ()f l'ilot:1gc Com111it 1Ce, L.R.O. lil991 Rule5. E:11:11min111ion for lkc11cc. (a) lhc General Manager who shall he the Chainnan of the Conuniltcc~ and (b) fourotl1er persons who uy reason of their knowledge of nr cx.pcricnce in nautical mailers arc, in the opinion or !he Authority, fH and proper perso11s to be members or lhc Committee. (2) 111e appointment of a member of tl1e Pilolagc Committee may be for any period not exceeding three years but such member shall be eligible ror rc-apJX>irHmcnl on completion or every such period. (3) Three members of the Pilotage Committee shall form a quorum at an"y meeting or the Committee. (4) The Chainnan of lhc Pilolage Committee shall preside at all mcclings thereof; but if the Chainnan is absent from a meeting or any part thereof, such member as the members of Ulc Pilotage Committee present choose, sha\\ preside in his place. (5) The Chai1man or member presiding at any meeting of the Pilotagc Commillce shall have a vote and, in the case or an equality of votes, a second or casting vote. (6) Members of the pilotagc Committee who arc not employ­ ees of the Govc111ment,oroflhe Autl1ori\y may he paid out oftl1e funds of the Authority such fees and allowances as the Authority may from lime to time detennine. 58. Subject lo this Act, the Authority may from time to lime make, vary or revoke rules for the purpose of regulating the meetings and proceedings of the Pilotagc Committee. 59. (I) The Pilotagc Committee shall examine candidates for employment by the Aulhority <18 pilots anti on being satisfied as IO a candidate's general fitness and competency, including physical fitness to act ao;:; an Authority pilol may, on behalf of1J1c Authority, issue to him a licence to act as such, and the licence may contain such conditions as the Pilotagc Commiucc l11inks fit (2) Subject IO this Par1, every pilot pcrfotming Lhc duties of a pilot immediately prior to the coming Into operation of tl1ls Part, slm\1 be deemed lo be qualified for employment by lhe Authority as a pilot, and the Pilot.age Committee shall, on llChalf of the Authority, issue lo every such pilot as may be employed by the Authority a licence to act as an Aut.horilypilotsubjccl. lo such condilionsas the Pilotagc Commit­ rec may impose. (3) Every AuU10Jity pilot shall, whenever the Pilotagc Com­ tn.iacc considers that owing to changed cornlitions or for any Olllcr sufficient reason, the furLl1cr lcsling of the knowledge, efficiency or physical fitness of at\y such pilot is "=ssary, presel\l himself for furlher examination, and shall in every such case first deposit with the Pilolagc Commitlcc his licence issued by the Comrnillcc on behalf of the Au1hori1y to l>c rctumcd or c:mcc11cd by the Commiuee on behalf of the AutJ10rity as tJ1c result of such test or examination dclcnnincs. (4) The AuU10rity shall not continue to employ as a pilot any pilot whose licence to act as such is cancelled as the result of any lest or cxarnim1tion carried out or held under subsection (3). (5) Any licence issued under this section shall cease to he valid upon lhe termination of any Authority pilot's employment wilh the Aull1orily. HnQ uiric11 hy \)i­ lo1age Commit 60. (I) The Pilotagc Commitlee may, and when directed by \he Authority shall, hold an inquiry into the conduct of an Aulhority pilot tee. where it appears tlial he is guilty of misconduct affecting his capability as a pilot or has failed in or neglected his duty as a pilot or has become incompetent to act as a pilot. (2) For the purposes of such inquiry, the Pi1otrigc Commiuce may swnmon any person in the Stale lo attend any meeting of the Committee to give evidence ou oath or produce any document or other thing ln his possession and to examine him as a witness or require him to produce any document or 0Ll1cr thing in his possession rc1ativc to t11c maltcrs which arc the suhjcct matter of the inquiry. (3) Any person who (a) being summoned to ,mend any such inquiry, fails to do so; (b) offers any .-,ct of disrespect or any insuJI or1hreat 10 the Pilol:lgc Committee or any member l11crcof during an inquiry; or (c) being required by U1e Pilotagc Committee lo give evidence on oath to produce a document or other Hling. re ruses to do so, L.R.0.1!1991 Suhmi,~ion of Pilo111ge Com­ mittee'~ findings and rocommcn• dations to Au• lhori\'y. Linhility nrthe mn~terorowner in the cue of a ship under pilot.age. [Jmitations of pilot•~ liability when bond is given. is guiltyo[anoffcnce and liable on summary conviction to a fine of one U1ousand five hundred dollars or to imprisonment for three montl1s. 61. (I) Where the Pilolage Commiuce, arter due inquiry in accor­ dance with this Part and after hearing any statement that may be offered in defence, finds that an Autl10rity pilot is guilty of misconduct affecting his capability as a pilot or has failed in or neglected his duty as a pilot or has become incompetent to act as a pilot, it shall submit to the Authority a copy of U1e record of the inquiry and its findings and recommendations in respect of the inquiry. (2) The Authority may, a!\er considering the findings and recommendations of the Pilotage Committee, suspend or cancel the licence of the Authority pilot or impose such other punishment as U1e Authority may think fit. (3) Any Authority pilot who is aggrieved by any decision of the Authority made under subsection (2) may, within fourteen days from the date of the decision, appeal to U1e Minister whose decision shall be final. 62. The master or owner or a .ship navigating in circumstances in which pilotagc is compulsory shall be answerable for any loss or damage caused by U,c ship orby any fault of the navigation of the ship in the same manner as it would ifpi1otagc were not compulsory. 63. (I) An Authority pilot who has given a bond in accordance with subsection (2) is not liable for neglect. want of skill or incapacity in office beyond the penalty of the bond and the amount payable to U1e Authority on account of pilotage in respect of the voyage in which he was engaged when he became so liable. (2) Every Authority pilot shall give a bond in the sum of Uirce thousand dollars in favour of the Aulhority for U1c proper performance of his duties under this Part and of any Regulations. (3) Any bond by an Authority pilot in accordance with this section is not liable to stamp duty. (4) Where any proceedings arc taken against an Authority pilot for any neglect, want of skill or incapacity in office in respect of which his liability is limited as provided by U1is section, and other claims arc made in respect of the same neglect, want of skill or incapacity in office, l11c Court in which the proceedings arc taken may (a) dctcnninc the amount of the pilot's liability and, upon payment by him of the amount inl0Cou11,distrihutc the amount ratcahly among the several claimants; (b) stay any proceedings pernlit1J{ in any oilier Court in relation to lhc same matter; and (c) proceed in such manner and subject to such directions as to making persons interested parties to t11c proceed~ ings, and as to the exclusion of any claimants who have not submitted their claims wi1hin a certain lime, and as to requiring security from the pilot, and as to paymcttl of any costs as the Court thinks fiL 64. ( l) The issue or a licence to a pilot by the Pilotagc Committee Pilot!lgc Commit­ on behalf of U10 Authority under section 59 shalt not impose any tee 0."d Auth0rity nOI liable for loss li;1bi\ity to the Pi\ol;\gC Comm\llcc for an;r \osi-. or damage occa..'-iioncd Nd11.mar.('. occ.a by any act, omission or dcfoult of the pilot. sioncJ by pilots. (2) Any Authority pilot whilst engaged in any pilotage act shall, notwithstanding that he may be employed at a salary by the Authority, be deemed to be the sctvant only of the master or owner of the vessel under pilotage and the Authority is not liable for any loss or damage occasioned by any act, omission or default of such pilot. 65. (1) Any proceedings affecting Authority pilots under this Act Proceeding~ in or any Regulations shall be dctcnnined by a Judge of the High Court respcc:i of pilois. and t11c Judge shaJI call upon two persons with uautical experience to sit wW1 him as assessors in any such proceedings. (2) The lligh Court shall have power to regulate any proceed­ ings which have been referred lo it under this section. PART VIII SPECIAL PROVISIONS IN RELATION TO PORTS 66. The master of any ship an'iving in a porl shalt produce lo an M:1.stcrto supply authorised officer - infonnalion. (a) the ship's register and the ship's papers~ (b) a list of the passengers, if any, showing particulars of their sex and occupationi (c) a list showing the de:.llhs, if any, which have occurred during the voyage; L.R.O. /11991 Power or l'ort Manager in rcl11 lion to ~hip~. Power with rc~pcct to wrecks, c!c. (d) a list showing U1e stowaways, if any, on the ship, and also supply such other informalion in relation l.o the ship, passcn-• gcrs and cargo thereof, as such oflkcr may rca~onably require, 67. (I) Notwithstanding any Regulations made under section 73 the Port Manager may (a) direct where any ship shall be berthed, moored or anchored and the method of anchoring within the port and the approaches to the pcm; (b) direct the removal of any ship from any berth, station or anchorage lo another berth, station or anchorage and the time within which such removal is to be effected within the port and the approaches Lo the port; and (c) regulate the moving of ships within the port and the approaches to the port. (2) In case of any refusal or neglect orof any failure to comply wilh any direction given under subseclion (1), the Authority may, without prejudice to any proceedings being instilutcd .igainst any person, cause to be done a11 such acts as arc in its opinion reasonable or necessary for the purpose of carrying out such direction and may hire and employ such persons as it considers proper and necessary for such purpose, (3) All expenses incurred in doing such acts shall he paid a11d lx>mc by the person or persons so offending. 68. (1) The Port Manager may (a) n::movcany wreck jn orothcrobstrnction to a portoriL~ approaches, or any timber, raft or other thing floating in a port which endangers or obstructs, or is likely to endanger or obstruct the free navigation of the port or the use of any dock or wharf therein; (b) in tl1c case of the urgent necessity, take any action in a port which in his opinion may be necessary to prevent any danger lo life or limb; (c) enter upon any ship or into any building in a port if it is necessary for him to do so in the performance of any duty under this act or any Regulations or if he has reasonable grounds for believing I hat an offence against lllis Act or any Regulations has been, or is about to be commitlcd. (2) The owner of any Wl"{',Ck or other lhing removed by lhc Po,t Manager under subsection (l)(a) is, willmul. prejudice to any other action which may be taken against ltim, liable to pay the reasonable expenses of the removal; and l11e wreck or other thing shall be detained by tl1e Port Manager until U1e expenses and customs duties, dues or charges payable in respect thereof are paid. (3) Where ru1y wreck or thing is removed under subsection ( I)/ a) and the expenses of removal have not been paid within seven days of the rcmo\laI, the Port Manager may cause tl1e wreck or thing to be sold by public auction and shall out of the proceeds of sale retain t.hc amount necessary to meet the expenses or the removal, dctcn1ion and sale and any customs duties, dues or clmrges payable in respect thereof and shall return t11e balance, if any, to the person appearing to him to be entitled. 69. (1) fn the event of fire breaking out on board any ship in 1hc Fireonboanl port, the Port Manager may proceed on hoard the ship with such ~hip. assistance and persons as to him seems fit, and may give such orders as to him seems necessary for scuttling the ship or for removing the ship or any other ship to such place as to l1im seems proper, to prevent in cilhcr case, danger to olhcr ships and fo-r \he \akh,g of any other measures that appear to him expedient for the protection of life or properly. (2) If such orders are not forthwith carried out by the master of the ship tl1e Port Manager may himself proceed lo carry them into cffccl. (3) Any cx.pcnscs incurred in the exercise of the powers con­ ferred by subsections (1) and (2) shall be recoverable fmm the master or owner of the ship concerned as a civil debt. 70. (1) Where any accident occurs in any port, then if that Accidents. accident (a) is attended or is or a kind usually at1c11dcd with l(Jss of humao life or witlt serious injury to person or property; (b) involves any collision between ships; (c) is of such other kind as \he Minister may specify, L.R.O. /1/99/ Liability for de• murrnge, Execution of or• dcrs. Regulation~. the Po1t Manager shall, as soon as practicable, give notice of the occuncnce of U1c accident to the Minister. (2) The Port Manager may order such inquiry into any accident which occurs in any poi1 as he thinks fit, and shall order such inquiry as the MinisLer thinks fit into any such accident when so required by the Minister. (3) The Polt Manager shall submit a repolt on any accident inquired into setting out, inter alia, the prohable cause of the accident and the steps, if any, which have been taken or he has directed to he taken with a view to avoiding a rcpetilion thereof. (4) The Polt Manager shall make to the Minister a retum, in such fonn and at such intervals as U1e Minister directs, of all accidents occurring in any port, whether or not tl1e accidents arc attended with injury to any person. 71. 1l1c Authority is not liable for any dcmurrage which may occur or be due on any ship, howsocvcrtllC demurrage may have been caused. 72. (I) All acts, orders or directions under this Pait or Regulations thereunder authorised to be done or given by a particular officer of the Authority may be done or given by any other officer of the Authority authorised in writing on that behalf. (2) Any person authorised lo do any such act may call to his aid such assistance as is necessary. 73. (1) The Authority may, with the approval of the Minister, make RegulaLions generally with respect to the maintenance, control and managcn:icnt of the port and the approaches thereto, Ute services pcrfonned, U1e light-houses and 0U1er facilities provided by the Author­ ity, and for the maintenance of order on any premises used by or for the purposes of tJ1c Authority, or in any ship or vehicle used by or for the purposes of the Authority, and for t11c carrying out ofU1e provisions of this Act, and without prejudice to the generality of the foregoing, may make Regulations with respect to (a) the proper control and management of the foreshores of any port and the entrances thereof, the prevention and removal of obstructions therein and the regulation of any work, service or facility perfonned or provided thereat; (b) the control of all pcrsous and vclticlcs on any such premises, the maintenance or order thereon and 1hc admission or exclusion of persons therefrom and the charges, if any, to he made for such admission; (c) rcgul:lling, contro11ing and prohibiting the doing or omission of any thing or class of U1ing wiU1in the boundaries of \he port or any specified pat\ or parts of the port eil11er at all times and on all occasions or at any time or times or on any occasion or occasions~ (d) the regulation, restriction and control (without preju­ dice to the conduct of navigation) of U1e depositing of any substance, solid matter, article or thing polluting or likely to cause pollution of U1e watcis of any port; (e) the regulation of trafnc and navigation of ships within the limits and approaches to a port and all matters relating to the protection of life and property; (f) the regulation of the mode and place of mooring, anchoring and berthing of ships and their removal from a moon·ng, anchorage or berth to another mooring, anchorage or berth, and the time within which Uic removal shall be effected; (g) the protection of ships and cargoes, and the removal, destruction, sale or abandonment or stranded ships and lhcir cargoc~ and appurtenance!-\ which ohslruct or :.nc likely to obstruct Ll1c fairway of any port, 010 payment or expenses including salvage incurred in conneclion therewith and the levy and recovery of a rent for the right of a hulk or wreck or wreckage to lie in any port; (It) the examination, licensing, duties and obligations, and the conduct and discipline of pilots aod \he charges lo be paid for pilo\agc; (i) the regulating of the times, places, order and mode of shipping, unshipping, loading, warehousing, storing and the depositing of goods; (j) the fix.Ing of dues and charges payable in respect of any ship, with different charges being applicable in respect of different ships or classes of ships, tl1c exemption or t.he remission thereof or part thereof; l.R.O. J!l90/ (k) the nxing of the charges payable in connection with I.lie carriage or warehousing of goods and for any service or facility pcrfonned or provided by the Authority, the cxcmplion from payment, refund or remission I hereof; (I) the fixing of the scale of charges payable in respect of any other service or facility pcrfonncd or provided by the Authority; (m) the licensing of shipping agent..;, landing agenls, for­ warding agents, baggage and parcel agents, porters, contractors for supplies and victualling, and other pcr­ ·sons concerned in or engaged jn or perfo1ming any service or work in connection with the port .. (2) The Authority shall, with the approval of the Minister, make Regulations generally for the conveyance, loading, discharging and storage of dangerous goods wlt11in the Jim its of the port and without prejudice to the generality of the foregoing may make Regulations with respect to (a) the classification of goods as dangerous goods; (h/ the regulation ofti1e navigation and place of berthing of ships carrying dangerous goods; (c) the regulating and control of landing, loading and discharging dangerous goods; (d) the prohibition or subjection to conditions and restric­ tions of the conveyance of any kind of dangerous goods with any other kind of goods, articles or substances: ( e) the prohibition of the loading or discharging of danger­ ous goods at places within the control of Uic Authority in cases where the loading or discharging appears specially dangerous to the public; (f) Lhe nxing of places and times at which dangerous goods arc lo be loaded and the quantity to be loaded or discharged at any one time; (g) the regulation of the mode and tl1e precautions to be observed in conveying or keeping dangerous goods and in the loading or discharging of the sarne; (It) the prolcction, whether by means similar lo those above-mentioned or not, of persons and prope1ty from danger generally. (3) Subjccl lo the provisions of any cnaclmcnt relating to merchant shipping, lhc Aulhority may, wilh the approval of the Min­ ister, make Regulations wilh respect to ( a) the taking of measures for the prevention of ships from leaving any port if overloaded, improperly loaded, or f<mnd insufficiently marmcd or without qualiriccl ofri­ ccrs or engineers or with a number or passenger.,; in excess of the numhcrthat can be carried with reason­ able safety, or if otherwise um:caworU1y; (b) the examination, certi fieation and licensing of masters, mates and ,engineers of tugs, conducting ships in and out of port~. dredges and light craft, and the licence fees payable in respect thereof; (c) the inspection, licensing, registration or ccrti fication of ships, ferries, tugs, launches, hulks, ferry boats, or 0U1er craft, U1e charges to be paid therefor and the number of passengers to be carrled therein. (4) The powerofthe Authority to make Regulations underlhis section in relation to any matter shall not be construed to be in conflict with or as derogatory from any other powers conferred upon any other person under this Actor any Regulations to make provisions in relation to any such matter in any different manner. (5) Notwithstanding anything enacled in the Interpretation and Ch.''°'· General Clauses Act, Regulations may provide that any breach or contravention of any such Regulations shall be punishable on summary conviction by a fine of one thousand five hundred dollars and to imprisonment for three mo11ths. (6) All Regulations made under this Act shall be subject to negative resolution of the House of Assembly within six weeks. PART IX PROVISIONS RELATING TO OFFENCES 74. Any person who unl.nwfuHy dnmagcs or in anyway interferes with any lighthouse, buoy, beacon or other property of !he Authority in Damaging prop­ erty likely to cu­ d:i.nr,cr lifo. L.R.O. 111991 Persons e11d1m• gcrirtg ufcty of oper111..ions. F11.il11rc lo comply under dircrAim11 (If section 67, etc. Failure to employ licensed pilot. Master•~ failure to give infotmll.· tion or giving fabe infonna­ tion, Master rcfu.~ing emry to 11.nrhor­ i~cd officer. False returns. ::;uch manner as to endanger or as might endanger the life of any person, is guilly of an offence and Hable on conviction to imprisonment for ten years. 75. Any person who, while on duty or lawfully employed on any premises of the Authority or upon any ship or vcl1icle of 1hc Authority, endangers tl1e safety of any other person (a) by contravening any of the provisions of this Act or of any Regulations; or (!J) by contravening any lawful order, direct.ion or rule given to such person, or made in respect of his service; or (c) by being under the inOucnce of alcohol; or ( d) by any rash or negligent act, is liable on summary conviction to a fine of three thousand dollars and to imprisonment for six monl11s. 76. Any person who, without lawful excuse refuses or neglects to obey any direction lawfully given under scclion 67 or under any Regulations made under Part VIIJ is liablC on summary conviction to a fine of one thousand five hundred dollars and to imprisonment for U1rce months. 77. If any ship is navigated in circumstances in which pilotagc is compulsory and the ship is not under the control of a licensed pilot, the master is Hable on summary conviction to a fine of one thousand five hundred dollars or to imprisonment for three months. 78. Any master who fails lo comply wiL.h section 66 or gives any infonmuion which is false in any malelial particular, is liable on summary conviction to a fine of one thousand five hundred dollars or to imprisonment for three months. 79. Any master who without lawful excuse refuses 10 allow the authorised omcer to elller his :-l1ip in con I ravcntion of sccl ion 68( 1 )( c) is guilty of an offence and liable on summary conviction 10 a line of seven hundred and fifty dollars or to imprisonment for U1rce months. 80. Any person who makes, either knowingly or recklessly, any statement which is false in any material particular in any return, claim orotl1erdocumcnt which is required or authorised to be made under this Act or any Regulations, is guilty of an offence and liable on conviction to a fine of nine ll1ousand dollars and to imprisonment for two years 81. Any person who by any rncnns what~ocvcrcludcsorcvadcs any clues or charges leviablc under !his Act or Regulations is Jiable on summary conviction to a fine of three thousand dollars and to hnpris­ onmcnt for six months. 82. Any pcrnon who wilh intenl to defraud, demands or receives from any person dclivcri11g goods for c:irriagc or warehousing hy the Authorily, or from ;my other person making use of the facilities provided by the Autho1ity, any greater or lesser amount than he should demand or receive is on summary conviction ii able to a fine of one thousand five hundred dollars and to imprisonment for three months. 83. Any person who (a) being on any premises, ship or vehicle of the Auti1otity (i) refuses when called upon by an authorised officer, police officer, or constable to give his name and ad­ dress, or gives a false name and address, for tl1e purpose or avoiding prosecution: (ii) without lawful excuse the proof whereof lies on him, discharges any fircann or docs anything which may cause injury to any person on such premises, or upon such ship or vehicle~ or (iii)without lawful excuse contravenes any lawful direc­ tion given by any authorised officer; or (h) defaces the writing on any board or notice authorised to he maintained upon any premises of the Authority or upon any ship or vehicle used by the Authority: or (c) damages or without lawful excuse interferes with any property of the Aut11ority; or /d) wilfully obstructs or impedes any other person in the discharge of his duties arh;ing out of his employment with the Aulhority; or ( e) gives or offers to any other person money or money's worth for the purpose of avoiding payment of any sum due to the Authority, l(v1uin11 of due~ and charges. )ft'.mnnding im­ proper account. Mi.~cellaneous of­ fences. /,.R.O. lil99l is liable on summary conviction to a fine of one thousand five hundred dollars and to imprisonment for three mon1J1.s. Power~ of 11rre~1. 84. (1) Any person who commils any offence mentioned in sec l'lace of trial. Port Man~gcr may confer pnweron officers. Nolicc claims. lions 74, 75 and 83 may be arreMe<l without warrant by any authmiscd officer, police officer or constable. (2) Any person who commits any offence against Ulis Act or Regulations other than an offence mcmioacd in subsection ( l) may be arrested by any authorised offker1 police officer or constable if ( a) there is reason to believe Uiat such person will abscond; .or (b) he refuses on demand to give his name and address; or (c) there i.s reason to believe that the name and address given by him is incon-cct, but where U1erc is reason to believe that such person will not abscond, he shall, if his true name and address arc ascertained, be released on his executing a bond without sureties for his appearance before a Magis­ tnlle when required. 85. Any person charged with any offence against this Act other than an offence mentioned in section 74 or 80, may be proceeded against, tried and punished in any place in which he may be in custody for that offence as if the offence had been commillcd in such place; and lite offence shall, for ll1c purposes incidental to or consequent upon the prosecution, trial or punisluncnt tl\CrcoC be deemed to be committ.cd in that place; and nothing herein co1Haincd shall preclude the prosecution, trial and punishment of that person in any place in which, but for this section, Iha\ person might have been prosecuted, tried and punished. 86. The Port Managermay by no lice in writing authorise any officer of the Authority to maintain order upon :my premises used by the Authority or any place in the port, or on any ship or vehicle used by or for t11c purposes of ll1e AuU1ority, and any officer so authorised shall, in thcperfonnancc of such duly, have all tile powers, righLs, privileges and protection of a police officer. PARTX LEGAL PROVISION 87. (1) Notwithstanding anything conlaincd in any wriUcn lnw ~ (a) 110 person shall be entitled lo compensation or damages for non-delivery of tJ-1c wl10lc of a consignment of goods, orofm1y separate package fonning pa11 ofsucl1 con~ignmcnl accepted hy the Authorily for carriage or warehousing unless a claim in writing giving such particulars as may reasonably be necessary is given to the Port Manager wilhin six montl1s of the dale upon which 1hc goo<ls were accepted by the Authority; (b) no person shall be c1Hitlcd to compensation or damages for any goods missing from a packed or unpacked consignment or for mis-delivery of, damage or delay to, or detention of, any goods accepted by the Authority for carriage or warehousing unless (i) the Port Manager is nolificd of such fact in writing wilhin four days of the date upon which the goods were delivered to the consignee or person enlillcd to take delivery thereof; and (ii) a claim in wriling, giving such particulars as may reasonably be necessary, is given to the Port Manager witllin dnc month of such date. (2) Where the person claiming compensation or damages proves that it was impracticable for him to notify the Port Manager or to give the Port Manager his claim as set out in subsection (1) within lhc limes specified lhercin :ind tliat the notilkalion orcl.lim was 111:1dc or given in a reasonable time, noll1i11g in tf1at sul)scctior1 slrnll prcju1licc the right of such person Lo obtain compensation or damages. 88. Where, afler the commencement of this Act, any action or other Limitation. legal proceedings is commenced against the Authority for any act <lone in pursuance or execution or intcmlcd execution of this Act or Rcg111a~ lions, or of any public duty or muhority imposed m confCrred by U1is Act or any Regulations, or in respect of any alleged neglect or default in the execution or Lhis Act, such Regulations, or or any such duty or authority, the fo11owing provisions shall have effect notwithstanding anylhing contained in any written law: ( a) the action or legal proceeding shall not be commenced until at lct1sl one month after wriHen notice containing the particulars of the claim, and of intention to commence the action or legal proceeding, has been served upon the Port Manager by the plaintiff or his agent; L.R.O. 111991 Restriction or execution against properly of the Authority. (b) lhe aclion or legal proceeding shall not lie or be instituted unless it is commenced within twelve months next after the act, neglect or default or damage complained of, or in the case of a continuing injury or damage wilhin six months next arter the cessation thereof. 89. Nolwithstanding anything to the contrary in tl1is Act or any Regulations or in any other writlen law or in Regulations made under any other wrillen law, where any judgment oronlcrof any Court or any award of an arbitration tribunal has been obtained against the J\uthotity for or in respect of anything done or omitted to be done under this Act and any Regulations, any contract or otherwise for or in respect of the Authotity or its purposes ( a) no execution or attachment or process in the nature thereof shall be issued against the AutJ1ority, but such amounts as may by the judgment or order be awarded against the Authority shall be paid by the AuU1ority from its funds to the person entitled thereto; (b) no property of the Authority shall be seized or taken by any person having by law power to allach or distrain property. Overpayment or 90. Where the amount paid in respect of any dues and charges is u nd erpayment of found to be incorrect then if the amount is dues and charges. (a) overpaid, the person who overpaid any such amount is entillcd to a refund of !he amount so overpaid; (IJ) underpaid, tile amount of the underpayment may be col lected from the person who made the payment; but notwithstanding anything contained in any wrillcn law the overpay­ ment or underpayment shall not be refunded or collected, a.~ the case may be, unless notice in writing containing such particulars as may reasonably be given (i) by the person claiming the overpayment lo tl1e Port Man­ ager; or (ii) by the Pott Manager to the person against whom the underpayment is claimed, within six months after the goods were accepted or I.he services rendered, as the case may be, by the Port Authority; and where the underpayment is caused by infonnation or description subsequently found to be incorrect, the period of six months shall conuncncc from the date of the discovery by the Port Managerofl11e co1Tcct information or description. PART XI TRANSITIONAL Transfer of Assets, Liabilities, Functions, etc. 91. (1) Upon the commencement or this Act (a) all State lands within the boundaries of the ports in this Act including the bed and shores vested immediately before the commencement of this Act in the Govern­ ment arc hereby vested in L11c Authority; (h) all lights, buoys, beacons within the boundaries of U1e said ports arc hereby transferred to 1J1c Autho1i1y; (c) all warehouses, buildings, machinery, plant, tools and other property which immediately before the com­ mencement of this Act were the property of the Gov­ ernment arc transferred to the Authority. (2) All rights, privileges and advantages and all the obligations to which, immediately before the commencement of this Act the Government was entitled to, or subject to, as the case may be, arc hereby transferred and conferred or imposed on the Authority for the purposes of !11is Act. (3) A reference in any deed, contract, bond or security or other document subsisting immediately before !11c commencement of this Act against or in favour of the Government shall have full force and effect against or in favour of the Authority and be enforceable as fully and effectually as if, instead of the Govcmmcnt or any person acting on behalf thereof, the Authority had been named therein and had been a party thereto. 92. All lands vested in the Aut11ority at and after the commence­ ment of this Act is exempt from any rare, lax or imposition which any local authority is empowered but for this section to lawfully levy or impose, but nothing contained herein shall preclude a local authority from levying and collecting rates, taxes and 0!11cr lawful charges in respect of land, houses and buildings of the Aul11orily leased and occupied for private purposes. Transfer of as:sc.ls. Land vested in Authority to be free from mm1ici~ pal rates and taxes. l.R.O. 111991 Transfer of 93. (1) The Public Service Commission may approve I.he transfer public servants. and appointment of an officer from the Public Service to the service of the Authority or from the service of t11e Authority to the Public Service. Exemption from income tax. Ch. 67:01. Authority may appoint constables. Bon<lcd warehouse. (2) Where a transfer and appoimment has been approved under subsection (1), arrangements shall be made by t11e Government or the Aut110rity to pay to the Government or the Aut11ority, as the case may be, such contribution as may be provided for in Rules made by the Minister in respect of pensions and gratuities, and any such Rules may make provision in different classes of cases. 94. Notwithstanding anyt11ing contained in U1e Income Tax Act the income of the Authority shall not be liable to income tax. PART XII MISCELLANEOUS AND GENERAL POWERS 95. (1) The Authority may, subject to standing orders made by the Authority and approved by the Minister, appoint persons to be con­ stables. (2) The constables so appointed shall be a supplemental body of police styled "Port Constabulary". (3) The standing orders shall provide for the tenns and condi­ tions of appointment, with provision for the duties of a constable with special regard to the maintenance of order within the port and t11e protection and safety of goods and property, and the suspension and termination of appointment of any person appointed as a constable under this section. (4) The Commissioner of Police shall have tlle general com­ mand and superintendence of the Port Constabulary. (5) Every member of the Port Constabulary shall in the per­ formance of his duties have and exercise all the powers, rights, privileges and protection and is liable to the same responsibilities and discipline of a police officer. 96. (I) If any warehouse of the Aulhority is approved and ap­ pointed under any written law relating to customs for the time being in force, the Authority may give general secutity by bond or otherwise for the payment of the customs duties payable in respect of goods stored in such bonded warehouse or for the due exportation of such goods. (2) When such security has been given by the Authority, no further security shall be required by t11e Comptroller of Customs from any other person to the same effect. (3j Nothing in this section shall he taken however to absolve any person who would have been liable lo pay duties from paying any such duty as he would be compelled lo pay in respect of any such goods. 97. Proceedings for offences arising out of this Act shall be insti­ tuted in writing by the Port Manager or by any officer duly authorised by him in writing. 98. In any proceedings for any offence, the avennent that t11e offence was committed within the limits of the port shall be sufficient without proof of the limits unless the contrary is proved. 99. In addition to any other remedy given under this Act, all dues, charges, compensation, damages, costs, expenses or other sums due to the Authority under this Act may be recovered by the Authority as a civil debt. Port Manager's fiat. Proof. Recovery of sums. 100. All fines, compensation, damages, costs or other sums directed Moneys reco~ bc "d · f ffi cl" . . f ered to be paid to pa1 m respect o any o ence, procee mg or matter ansmg out o into account of the perfonnance of the duties, powers and functions of this Act or any the Authority. Regulations shall be paid into the account of the Aut110rity. 101. Nothing in !11is Act or the Regulations shall prejudice the Operation of · f C A tJ A cl 1. . l Customs Act. operat10n o any ustoms ct or any o 1cr cl ca mg wit 1 customs, and in all cases of conflict the Customs Act shall prevail. 102. The Public Piers and Wharves Ordinance, the Harbour Dues Ordinance and the Tonnage Dues Ordinance, arc hereby repealed; but any Rules, Orders, Regulations or By-Laws made under any of these repealed Ordinances shall continue in effect unHl specifically allcrcd or varied or revoked by Regulations made under this Act. ·toJ. This Act shall come into operation and shall have effect on I.he dale of the publicalio11 in the Gazelle provided that Part VII and section I 02 shall come into force on such day as the President may appoint by Proclamation published in the Gazette. •sec Note on page 2. Rep~,il of Cnps. 176, 26R nn<l 2RO. (1961 Ed.). (20 of 19721. Commcnc:cmcnl. 120 of 19721. L.R.O. /1199/ Section 2. [33 of 1982]. SCHEDULE PART I The limits of the Port of Roseau are defined as follows: From Old Port point Latitude 15 degrees 19 minutes 00 seconds North, Longitude 61 degrees 24 minutes 14 seconds West thence in the direction of 270 degrees true for 0.25 miles, thence in the direction of 180 degrees true for 2.0 miles, thence in the direction of090 degrees true for 1.3 miles to Latitude 15 degrees 17 minutes 00 seconds North, Longitude 61 degrees 23 minutes 09 seconds West, thence along the foreshore at the .average High Water Mark of the Roseau Roads and Woodbridge Bay to Latitude 15 degrees 19 minutes 00 seconds North, Longitude 61 degrees 24 minutes 14 seconds West, being the area that Includes all Waters and Ocean bed of the Roseau Roads and Woodbr­ idge Bay lying within the defined limits so described. ' . PART II The limits of U1e Port of Portsmouth are defined as follows: From Latitude 15 degrees 34 minutes 52 seconds North, Lon­ gitude 61 degrees 29 minutes 00 seconds West, thence in a direction of 180 degrees true for 2.2 tniles to Latitude 1S degrees 32 minutes 45 seconds North, Longitude 61 degrees 29 minutes 00 seconds West, thence along the foreshore at the average High Water Mark or Prince Rupert Bay to Latitude 15 degrees 34 minutes 52 seconds North, Longitude 61 degrees 29 minutes 00 seconds West, being the area that includes all Waters and Ocean bed lying within the defined limits so described. PART III The limits of the Port of Anse de Mai are defined as follows: From Latitude 15degrees35 minutes 51 secondsNorth,Long­ itude 61 degrees 23 minutes 29 seconds West, thence in a direction of 270 degrees true to Latitude 15 degrees 35 minutes 51 seconds North, Longitude 61 degrees 23 minutes 29 seconds West, thence along the foreshore at the average High Water Mark in Anse de Mal to Latitude 15 degrees 35 minutes 51 seconds, Longitude 6 I degrees 23 minutes 29 seconds, being the area that includes all Waters and Ocean bed lying within the defined limits so described.