Harbours Act (Cap. 50:06)

HARBOURS ACT CHAPTER 50:06 LAWS OF TRINIDAD AND TOBAGO Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–43 .. 1/2006 L.R.O. 1/2006 Act 13!of!1880 Amended!by 8!of!1883 49!of!1912 15!of!1919 49!of!1920 29!of!1925 13!of!1926 1!of!1938 4!of!1949 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 2 Chap. 50:06 Harbours Index of Subsidiary Legislation Page Establishment of Harbours Order … … … … … 28 Port-of-Spain Harbours Regulations (G 25.5.17) … … … 31 Scarborough Harbour Regulations (G 17.9.31) … … … 34 Harbours General Regulations (G 10.6.20) … … … … 35 Port-of-Spain Harbours (Prohibition of Bathing and Smoking) Regulations (G 25.3.37) … … … … … 42 Protection of Beacons Regulations (G 22.9.38) … … … 43 Note on Delegation of Functions For delegation of functions See LN 15/2003. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 3 CHAPTER 50:06 HARBOURS ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Application of Act. President may establish harbours. 4. Harbour Masters and Assistant Harbour Masters. 5. Regulations relating to collisions. 6. Breach of Regulations to imply wilful default of person in charge. 7. If collision ensues from breach of Regulations, ship to be deemed in fault. 8. Flags of droghers. 9. Vessels anchoring. 10. Directions as to anchorage. 11. Visit to vessels on arrival. 12. Particulars to be entered by Harbour Master on visiting vessel. 13. Going on board or communicating before Harbour Master’s visit. 14. Landing before Harbour Master’s visit. 15. Vessel in harbour more than three days. 16. Buoys over anchors. 17. Regulation as to flats, etc., serving a vessel. 18. Impeding access to wharves or landing places. 19. Protection of buoys. 20. Heating inflammable matter in harbour. 21. Throwing ballast, etc., in shallow water. 22. Removal of wreck. 23. Hauling up vessel. 24. Encumbering wharves. 25. Making fast to wharves. 26. Clearing out stagnant water. 27. Restriction on clearance at Customs. 28. Power to stop vessel departing without clearance. 29. Penalty for clearing without certificate. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 4 Chap. 50:06 Harbours LICENSING OF BOATS AND BOATMEN 30. Licences to boats. 31. Licences to unattached boatmen. 32. Duration of licence. 33. Register of licensed boats. 34. Licence fees for boats and boatmen. 35. Penalty on plying without a licence. 36. Penalty on not wearing badge. 37. Penalty on transfer of boatman’s badge. 38. Return of badges at expiration of licence. 39. Leaving boat unattended. 40. Unlawful user of licensed boat. 41. Crew of boats. 42. Withdrawing boat’s licence. 43. Equipment of boats. 44. Fares and Regulations. Disputes between boat owners and boatmen. 45. Offences by boatmen. 46. Enforcing payment of boat fares. 47. Making fast unattended boat. 48. Places where boats may be made fast. SALE OF VESSELS 49. Mode of realising securities on vessels. OFFENCES AND PROCEDURE 50. Offences by seamen. 51. Harbour to be part of Trinidad and Tobago. 52. Offences. 53. Procedure and recovery of penalties. ADMIRALTY JURISDICTION OF HARBOUR MASTER 54. Jurisdiction of Harbour Master in cases of collision. ARRANGEMENT OF SECTIONS—Continued SECTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 5 55. Harbour Master’s Admiralty cause book. 56. Assessors in Admiralty causes. 57. General Rules in Admiralty causes. 58. Transfer of causes from Harbour Master to High Court. Procedure. Publication of orders. 59. Power of Harbour Master to enforce orders. 60. Power to administer oaths. 61. Jurisdiction of Harbour Master. INQUESTS 62. Inquests as to deaths in harbours. MISCELLANEOUS 63. Regulations. 64. Publication of Regulations. 65. Publication of Act and Table of fares. SAN FERNANDO HARBOUR 66. Application of sections 67 and 68. 67. Application of licence fees. 68. Application of penalties. SCHEDULE. SECTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 6 Chap. 50:06 Harbours CHAPTER 50:06 HARBOURS ACT An Act relating to Harbours. [7TH OCTOBER 1880] 1. This Act may be cited as the Harbours Act. 2. In this Act— “boatman” means any person employed in navigating or in propelling with oars or otherwise any boat, flat or other craft; “licensed boat” means any boat, flat or other craft licensed under this Act; “vessel” includes any stage, launch, flat, lighter, moses-boat, passage-boat, bum-boat, gig, jolly-boat and any other boat or craft. 3. (1) This Act, except such parts thereof as are expressly limited to any particular harbour, applies to the harbours of Port-of-Spain, San Fernando and to any other harbour established under this Act. (2) The President may by Order establish any harbour and define the limits thereof, and may alter the name or limits of any harbour, and may declare that any harbour shall from and after a specified day cease to be a harbour. 4. (1) There shall be in the public service such number of Harbour Masters and Assistant Harbour Masters of harbours declared under this Act as may be required for the purposes of this Act. (2) The Harbour Master of the harbour of Port-of-Spain shall have all such powers and discharge all such duties as by any Act or other law were vested in or imposed upon the Harbour Master. 1950 Ed. Ch. 18. No. 1. 13 of 1880. Commencement. Short title. Interpretation. Application of Act. President may establish harbours. Harbour Masters and Assistant Harbour Masters. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 7 5. All owners and masters of ships entering or being within the waters of Trinidad and Tobago shall be bound to take notice of all Regulations for the time being in force under section 418 of the Merchant Shipping Act 1894 of the United Kingdom and shall be bound to obey them and to carry and exhibit no other lights and to use no other fog signals than such as are required by the said Regulations; and in case of wilful default, the master or owner of the ship, if it appears that he is in fault, is liable for each occasion upon which such Regulations are infringed, to a fine of four thousand dollars or to imprisonment for six months. 6. In case any damage to person or property arises from the non-observance by any ship of any regulation made by or in pursuance of the Merchant Shipping Act 1894 of the United Kingdom the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the deck of the ship at the time, unless it is shown to the satisfaction of the Court before which the case is tried that the circumstances of the case made a departure from the regulation necessary. 7. If in any case of collision it appears to the Court before which the case is tried that the collision was occasioned by the non-observance of any regulation made by or in pursuance of the Merchant Shipping Act 1894 of the United Kingdom the ship by which the regulation has been infringed shall be deemed to be in fault, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the regulation necessary. 8. All vessels having drogher’s certificates, when under sail or steam within the waters of Trinidad and Tobago between the hours of sunrise and sunset, shall carry at the mast-head, or if vessels having more than one mast, at the foremast-head, a flag to be prescribed by the President, in default whereof the master of the vessel is liable to a fine of forty dollars for each offence. 9. Every vessel coming to anchor in any harbour shall take a clear berth in such manner that the vessel when at anchor shall be Regulations relating to collisions. 57 & 58 Vict. c. 60. Breach of regulations to imply wilful default of person in charge. 57 & 58 Vict. c. 60. If collision ensues from breach of Regulations, ship to be deemed in fault. Flags of droghers. Vessels anchoring. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 8 Chap. 50:06 Harbours and swing clear of all other vessels and their cables and moorings, and in case of any contravention of this section the master of the vessel is liable to a fine of four hundred dollars. 10. The Harbour Master of any harbour, if he thinks it proper and necessary for the safety of the shipping and convenience of the public, may order the master of any vessel arriving in such harbour to come to anchor at any particular place in the harbour pointed out by such Harbour Master, and may order the master of any vessel which has already come to anchor within the harbour to remove such vessel from the place where she is anchored to some other place pointed out by such Harbour Master, and any master of a vessel who refuses or neglects to obey any such order is, for every such offence, liable to a fine of four hundred dollars. 11. (1) Every Harbour Master shall visit every vessel coming into his harbour from any place out of Trinidad and Tobago before or immediately after she comes to anchor, except where a vessel comes to anchor after sunset, in which case the Harbour Master shall visit her on the following morning as soon after sunrise as is practicable. A vessel until visited shall keep her ensign flying. (2) Any master or person in charge of a vessel coming into a harbour who, when hailed by the Harbour Master and required to do so, refuses or neglects to heave-to so as to enable the Harbour Master to come on board, is liable to a fine of four hundred dollars. (3) The powers by this section vested in the Harbour Master may be exercised by an Assistant Harbour Master or any person acting under the authority of one of them. 12. (1) Immediately after any vessel has been visited, the Harbour Master shall make in a book to be kept by him for that purpose, an entry specifying the country, description, name and tonnage of the vessel, the name and description of the master, and the number, description and names of the passengers on board, and also a description of the cargo in general terms; and for the purpose of making such entry he may order the master or person Directions as to anchorage. Visit to vessels on arrival. Particulars to be entered by Harbour Master on visiting vessel. [4/1983]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 9 in charge of the vessel to give him such information as he requires, and to answer such questions as he puts, and to sign his name to such entry; and any such master or person in charge who refuses, or without reasonable cause omits, to comply with any such order, or gives any false information, or answers untruly to any questions put to him under this section, is liable to a fine of one thousand dollars. (2) The Harbour Master shall, without delay, make a return to the Minister specifying the particulars of the entry made by him, which return shall be in such form as the Minister from time to time directs. 13. (1) In the case of any vessel arriving in the waters of Trinidad and Tobago, no person, except officers of Customs or the visiting officer acting under the Quarantine Act or the pilot or pilot’s assistant, shall, before such vessel has been boarded by a Harbour Master or Assistant Harbour Master or some person acting under the authority of one of them, do, without the written permission of a Harbour Master or such visiting officer as aforesaid, any of the following things, that is to say, go on board such vessel or by any rope or boat-hook or in any other way communicate with her, or receive any letters, papers or packages from her. (2) All boats shall lie away from her and at such a distance as not to interfere with the free passage of the Harbour Master’s boat. (3) Any person who contravenes this section, and any boatman or other person having charge of a boat who contravenes this section, is liable to a fine of two hundred dollars, and any such boat may be seized and detained as a security for the payment of such fine. 14. Any person who lands from or leaves any vessel arriving in the waters of Trinidad and Tobago before she has been visited by a Harbour Master or Assistant Harbour Master, or some person acting under the authority of one of them, is liable to a fine of two hundred dollars, and the master or person in charge of such vessel is liable to a fine of four hundred dollars for every person who so lands from or leaves the vessel. Going on board or communicating before Harbour Master’s visit. Ch. 28:05. Landing before Harbour Master’s visit. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 10 Chap. 50:06 Harbours 15. The master or person in charge of any vessel which remains in any harbour for more than three days shall cause the jib-boom of such vessel to be rigged in; and in case of any contravention of this section he is liable to a fine of two hundred dollars and is also liable to make good any damage that may be caused to any other vessel by reason of such default. 16. The master or person in charge of any vessel shall keep a buoy constantly fixed to every anchor which the vessel lets go, so as to show the position of the anchor. In case of any contravention of this section, the master or person in charge of the vessel is liable to a fine of two hundred dollars, and such fine shall also be charged upon the vessel. 17. Flats, lighters, rafts, stages and boats belonging to or used in the service of any vessel in any harbour, whether in delivering or taking away goods or passengers or otherwise, shall not be moored under the stern, but alongside such vessel, and not at a greater distance than twelve metres therefrom. In case of any contravention of this section, the master or person in charge of the vessel, and also any other person by whom or by whose order this section may have been contravened, is liable to a fine of four hundred dollars. 18. (1) No launch, flat, lighter, drogher, boat or other craft shall be stationed or remain in such a position as to impede any ship in its approach to or departure from any pier, landing place or wharf. In case of any contravention of the provisions of this subsection the person in charge of such offending craft or vessel is liable to a fine of four hundred dollars. (2) The Harbour Master of any harbour, in any case in which he considers that a vessel is stationed or remaining in such a situation as to contravene this section, may order the master or person in charge of the vessel to remove it so as to conform to this section. Any master or person in charge of a vessel who refuses or neglects to obey such order forthwith is liable to a fine of four hundred dollars. Vessel in harbour more than three days. Buoys over anchors. Regulation as to flats, etc., serving a vessel. Impeding access to wharves or landing places. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 11 19. No vessel shall be made fast to any public buoy in any harbour. Any master of a vessel who contravenes this section is liable to a fine of four hundred dollars, and also liable to pay, in respect of any damage caused to the buoy, such sum as a Magistrate may award, to be recovered, applied and accounted for in the same manner as a fine. Such fine and sum shall also be charged upon the vessel. 20. No person shall, in the waters of any harbour, except on a boat or floating stage, no part of which boat or stage is within seven and a half metres of any vessel, or on a wharf, boil or heat by fire any pitch, tar, oil, resin or other inflammable matter. Any person who contravenes this section, and also the master or person in charge of any vessel on which, and the person in charge of any boat or floating stage on which, any such contravention takes place is liable to a fine of one thousand dollars. 21. Any person who throws any ballast or any stones, sand, gravel, dirt or rubbish into the Gulf of Paria, at any place where there is less depth of water than eighteen metres, is liable to a fine of two thousand dollars for every such offence; and in case such ballast, stones, sand, gravel, dirt or rubbish are thrown from any vessel, the master or person in charge of such vessel, in addition to the person actually throwing the same, is liable to the same fine, which shall also be charged upon the vessel. 22. (1) The Harbour Master of any harbour may cause any vessel or part of a vessel, sunk or aground in such harbour, to be removed, and may cause the vessel, with all its tackle, apparel and furniture, and all merchandise, goods and articles found on board, or such part as is preserved, to be sold by public auction, and, after deducting all the expenses of removal and sale, shall pay the balance, if any, to the Comptroller of Accounts, for the use of the owner if claimed within the period of twelve months from the sale, and if not claimed within such period for the use of the State; and if the expenses of removal and sale exceed the proceeds of sale, the Harbour Master may, by an action at law, recover them from the owner or any part owner of the vessel. Protection of buoys. Heating inflammable matter in harbour. Throwing ballast, etc., in shallow water. Removal of wreck. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 12 Chap. 50:06 Harbours (2) Where the owner or a part-owner, or the agent of such owner or part-owner, of any vessel or part of a vessel sunk or aground as mentioned above, is resident in Trinidad and Tobago, and can with reasonable diligence be found, the Harbour Master shall not remove such vessel under the powers of this section unless he has given such owner, part-owner or agent, or left at his usual or last known place of abode or business, a notice in writing requiring him to remove the same, and allowing for that purpose such time as the Harbour Master thinks reasonable. 23. (1) No person shall haul up or place for repair or otherwise any vessel on any public wharf, jetty or slip in any harbour without the permission of the Harbour Master. (2) Any person who contravenes this section is liable to a fine of one hundred dollars for every such offence, and every vessel in respect of which this section is contravened shall be charged with the payment of such fine, and may be seized and removed by the Harbour Master or any person acting under his authority. 24. No sand, shingle, ballast, stones, gravel, coals, bricks, tiles or loose earth shall be deposited so as to be within three metres of the edge of any wharf. The owner of anything in respect of which any contravention of this section takes place is liable to a fine of forty dollars for every day during which such contravention continues, and every such thing shall, from day to day as such fines accrue, be charged with the payment thereof. 25. No person shall, in any harbour, make fast or cause to be made fast any vessel, except gigs, bum-boats, jolly-boats or other such small boats, in such manner that such vessel lies alongside or close to any wharf or jetty, except during such time as such vessel is actually taking in or discharging cargo. Any person who contravenes this section is liable to a fine of one hundred dollars, which shall be charged upon the vessel. 26. The owner or other person in charge of any vessel in any harbour shall keep the vessel at all times free and clear from stagnant water, and any owner or person in charge of any vessel who refuses or neglects, within the space of twenty-four hours Hauling up vessel. Encumbering wharves. Making fast to wharves. Clearing out stagnant water. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 13 after having been duly notified to that effect by the Harbour Master or Assistant Harbour Master, to clear out the stagnant water from the vessel, is liable to a fine of one hundred dollars; and if such fine is not forthwith paid, or if any vessel is found by the Harbour Master or Assistant Harbour Master having stagnant water in it, and such Harbour Master is unable to find the owner or person in charge of it, the Harbour Master may seize the vessel, which shall thereupon be charged with the payment of the said fine. 27. No vessel shall receive a clearance from the Comptroller of Customs and Excise or any other officer of Customs except upon the production of a certificate from a Harbour Master certifying that all things required by this Act or by any Act of Parliament of the United Kingdom in force at the commencement of this Act relating to merchant shipping, to be complied with previous to the departure of such vessel have been complied with. 28. Where the Harbour Master or Assistant Harbour Master has reasonable grounds to believe that any vessel is about to depart contrary to a direction given by the Harbour Master under this Act, or without being duly cleared by the Comptroller of Customs and Excise or other proper officer of Customs, the Harbour Master or Assistant Harbour Master may stop and detain the vessel, and for this purpose may use the assistance of any other persons as he thinks fit, and if necessary may use force. 29. If the master of any vessel departs or sails from any port in Trinidad and Tobago, or if the agent of any vessel clears or causes any such vessel to be cleared, without a certificate from a Harbour Master certifying that all things required to be complied with by— (a) this Act; (b) any Act of Parliament of the United Kingdom in force at the commencement of this Act relating to merchant shipping; (c) the Immigration Act, have been respectively complied with, every such master or agent is liable to a fine of four hundred dollars. Restriction on clearance at Customs. Power to stop vessel departing without clearance. Penalty for clearing without certificate. Ch. 18:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 14 Chap. 50:06 Harbours LICENSING OF BOATS AND BOATMEN 30. The Harbour Master of any harbour may, upon the application of the owner of any boat, flat or other craft, and upon being satisfied as to the safety and fitness of such boat, flat or other craft, and upon proof to his satisfaction by statutory declaration or otherwise that the applicant is the owner, and upon payment of the fees specified in this Act, grant a licence in respect of such boat, flat or other craft, which licence shall be dated, and may be in the following form: TRINIDAD AND TOBAGO. Harbour of Boat Licence, No. A.B. is hereby licensed as the owner of a boat plying for hire in this harbour. This licence commences on the ..................... day of ..............., 20....., and expires on ........................ Harbour Master. The Harbour Master shall number every such licence with a distinct and particular number, and shall keep a register of all such licences. 31. The Harbour Master of any harbour may, on the application of anyone whom he considers a proper person, and upon payment of the fees specified in this Act, grant to such person a licence to ply as a boatman in such harbour, which licence shall be dated, and may be in the following form: TRNIDAD AND TOBAGO. Harbour of Boatman’s Licence, No. A.B. is hereby licensed to ply as boatman in this harbour. This licence commences on the ...................day of ............., 20....., and expires on ........................ Harbour Master. Licences to boats. Licences to unattached boatmen. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 15 The Harbour Master shall number every such licence with a distinct and particular number, and shall keep a register of all such licences, and shall deliver to every boatman a badge to be constantly worn by such boatman when employed or plying. The badge shall be of such form and materials, and be worn in such manner, as is from time to time directed by the Harbour Master. 32. Every licence under this Act to a boat, flat or other craft, or to a boatman, shall commence on some day not later than one month from the date thereof, and shall continue in force until the 1st January next after such commencement, or until such earlier day as the Harbour Master granting the same thinks fit. 33. Every Harbour Master shall keep a register in which he shall enter the name and place of residence of the owner of every licensed boat and of all licensed boatmen and the dates when such licences were granted. The register may be inspected by any person between the hours of eight o’clock in the morning and four o’clock in the afternoon on payment of the fee of twenty-five cents. 34. (1) The fees set out in the Schedule shall be payable in respect of boatmen and boats licensed under this Act. Such fees shall be paid to the Harbour Master issuing the licence. The fees paid to the Harbour Master of San Fernando shall, subject to section 66, be for the use of the San Fernando City Corporation; the fees payable in all other cases shall be paid to the Comptroller of Accounts. (2) Parliament may from time to time by resolution amend or repeal the fees set out in the Schedule. 35. Any person who, within the limits of any harbour and without having a licence in force under this Act, keeps any boat for the purpose of carrying passengers for hire, or plies as a boatman, is liable on first conviction to a fine of one hundred dollars, and on any subsequent conviction to a fine of four hundred dollars. Duration of licence. Register of licensed boats. Licence fees for boats and boatmen. Schedule. Schedule. Penalty on plying without a licence. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 16 Chap. 50:06 Harbours 36. Any person who plies as a boatman in any harbour and not wearing the badge given to him by the Harbour Master pursuant to this Act is liable to a fine of one hundred dollars. 37. Any boatman to whom any badge is delivered pursuant to this Act who transfers such badge to any other person, or allows the same to be worn by any other person, and any person who wears any such badge not being the person to whom the same was delivered pursuant to this Act, is liable to a fine of one hundred dollars. 38. Every person to whom any boatman’s badge is delivered shall be bound, at the expiration of the term of the licence granted to such person, to return such badge to the Harbour Master; and if any such badge is not so returned within forty-eight hours after such term has expired, the person to whom the same was delivered is liable to a fine of two hundred dollars, and any person found using or wearing any such badge after the expiration of the term of the licence is liable to a fine of two hundred dollars. 39. Where any licensed boat is, without the consent of the Harbour Master, left without any licensed boatman remaining in it, the owner of such boat is liable to a fine of forty dollars. 40. (1) Any person who uses any licensed boat without the consent of the licensed owner of the boat is liable for each offence to a fine of one hundred dollars. A person shall not be convicted under this section if he proves either— (a) that he had reasonable cause to believe and did in fact believe in good faith that the owner of the licensed boat would, had he been present, have consented to the licensed boat being used in the manner in which it was used; or (b) that he had reasonable cause to believe and did in fact believe in good faith that he had a right to use the licensed boat. (2) If any person is convicted under this section, the Harbour Master may, if he thinks fit, either in addition to or without Penalty on not wearing badge. Penalty on transfer of boatman’s badge. Return of badges at expiration of licence. Leaving boat unattended. Unlawful user of licensed boat. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 17 inflicting any punishment, order that the person convicted pay to the owner of the licensed boat either or both of the following sums: (a) such sum as, in the opinion of the Harbour Master, would have been charged if the licensed boat had been hired by the person convicted; (b) such sum as, in the opinion of the Harbour Master, represents fair compensation for any damage done to the licensed boat. 41. Every licensed boat shall, when employed or plying for passengers, be manned by two licensed boatmen. In case of any contravention of this section, the owner of the boat and every boatman employed in the boat or plying with it is liable to a fine of one hundred dollars. 42. Where it appears to any Harbour Master that any licensed boat is out of repair or unseaworthy, or otherwise unsafe, such Harbour Master may cause a notice in writing to be served on the owner or person in charge of the boat that the licence of the boat is cancelled, and thereupon such licence shall become void. Any person using or employed in or plying with any boat the licence of which is cancelled, is deemed to be using or employed in or plying with an unlicensed boat, and is punishable accordingly. 43. Every licensed boat shall have the number of its licence, and the name of its owner, and a Table of the fares authorised to be taken under this Act painted on the boat or affixed to it in conspicuous characters, and so as to be easily read by a passenger; and when employed or plying, the boat shall be furnished with four good oars and also with a rudder, tiller, and spare thole-pins of hardwood or iron, and a bucket or other utensil proper for bailing. In case of any contravention of this section, the owner of the boat is liable to a fine of one hundred dollars. 44. (1) The Harbour Master of each harbour shall prescribe a Table of fares to be taken in respect of licensed boats hired in the harbour, but such Table shall have no force unless and until it is approved by the Minister. Crew of boats. Withdrawing boat’s licence. Equipment of boats. Fares and Regulations. [4/1983]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 18 Chap. 50:06 Harbours (2) The Harbour Master of each harbour may from time to time make Regulations for maintaining order in reference to boats, boatmen, porters and persons exercising the calling of porters in or near the harbour. Such Regulations shall have no force until they are approved by the Minister. Any person contravening any such regulation is liable to a fine of two hundred dollars. Any police officer may take into custody any person whom he finds contravening any such regulation, and detain such person until he can be brought before the Harbour Master or a Magistrate. (3) The Harbour Master shall have jurisdiction to settle all disputes between the owner of a licensed boat and any licensed boatman as to the accounting for or division of any fare received in respect of the user or hire of the licensed boat where the amount in dispute does not exceed nine dollars and sixty cents, and for that purpose to order the payment of such sum not exceeding that amount as in the opinion of the Harbour Master shall be due from either party to the other. 45. The following persons shall be guilty of offences against this section: (a) any boatman who demands or takes from any person more than the prescribed fare; (b) any boatman who, between the hours of six o’clock in the morning and six o’clock in the evening of any day except Sunday, wilfully refuses or avoids, or attempts to avoid, any fare or passenger, or who, on any day except Sunday, without reasonable cause, refuses or neglects to ply, or who untruly represents that he is hired or engaged, or who does not answer when called by the number of his boat; (c) any boatman who plies any fare or passenger, and afterwards refuses to take such fare or passenger to such place as he directs, or unnecessarily delays any fare or passenger by not bringing up his boat for the fare or passenger to get into it, or who continues at any quay, wharf or landing place after Disputes between boat owners and boatmen. Offences by boatmen. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 19 the fare or passenger is in his boat, or does not proceed with due diligence and exertion, and without any wilful hindrance or delay, to such place as the said fare or passenger directs; (d) any boatman who in any manner hinders or prevents, or attempts to hinder or prevent, any person from reading the name, number or Table of fares painted on or affixed to any licensed boat, or who refuses to tell his given name or surname, or the number of his boat, or the number of his licence, to any person who, on paying any fare or sum demanded as fare, requires the same; and any boatman who uses any indecent, scurrilous or abusive language to any passenger or person desirous of hiring a boat, or who wilfully obstructs or hinders any person desirous of approaching any boat or boatman. Any person guilty of any offence under this section is liable to a fine of two hundred dollars. 46. If any person having employed any licensed boat neglects or refuses to pay the fare lawfully demanded of him, the Harbour Master or any Magistrate, on complaint made before him, may cause such person to be summoned before him, at some reasonable time to be named in the summons, to show cause why he should not pay the fare demanded of him, and such Harbour Master or Magistrate shall hear and determine the complaint, and may for such purpose summon and examine any witness; and if it is made to appear that the fare demanded is the proper fare and ought to have been paid by such person, such Harbour Master or Magistrate shall order such person to pay to the boatman the said fare and the costs of the proceedings, and also if he thinks fit such further sum, not exceeding five dollars as he thinks ought reasonably to be paid to the boatman for his loss of time; and in case such person does not forthwith pay to the boatman such fare, costs and sum of money, the Harbour Master or Magistrate may commit such person to prison, there to be kept in custody for such period not exceeding Enforcing payment of boat fares. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 20 Chap. 50:06 Harbours fifteen days as the Harbour Master or Magistrate thinks fit, unless such fare, costs and sum of money, the total amount of which shall be stated in the warrant of commitment, be sooner paid. 47. No licensed boat shall, in any harbour, be made fast to any wharf or jetty whatsoever unless the boatmen belonging to such boat are actually in attendance, and if any boat is made fast contrary to this section it may be seized and detained by the Harbour Master or any person acting under his orders and made fast in any place that the Harbour Master directs, and detained until the sum of one dollar and twenty cents in respect of the expenses of the removal, seizure and detention are paid; and if such sum is not paid within twenty-four hours after the seizure, a further daily sum of sixty cents shall be payable for every day or part of a day after the expiration of the first twenty-four hours until the total sum payable amounts to four dollars and eighty cents, when no further daily sum shall be payable, but the boat shall be charged with the payment of the said sum of four dollars and eighty cents and may be dealt with accordingly. 48. In no case shall a licensed boat be made fast, moored or placed, except in such place or places as the Harbour Master appoints, and any boatman who refuses or wilfully neglects to obey any order of the Harbour Master respecting the making fast, mooring, placing or removing of his boat is liable to a fine of one hundred dollars. SALE OF VESSELS 49. Where any property (vessel or other property) is under this Act charged with the payment of any sum of money, it may be seized and detained by any Harbour Master or person authorised by him, and such Harbour Master may, at any time after the expiration of six days from the day of such seizure, if the amount of money charged upon the property and the expenses of and incident to the seizure and detention remain unpaid, sell such property by public auction subject to any reserved bid, stipulations or conditions which he thinks proper, with power from time to time to buy in or adjourn the sale; and out of the moneys arising Making fast unattended boat. Places where boats may be made fast. Mode of realising securities on vessels. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 21 from any such sale he shall in the first place pay all the expenses of and incident to the seizure, detention and sale, and in the next place deduct the sum of money with which the property sold was charged and pay the same to the Comptroller of Accounts for the use of the State, and pay the balance to the Comptroller of Accounts upon trust for the person or persons entitled to the property sold according to their respective rights and interests, provided that a claim by such person or persons is made and established to the satisfaction of the Comptroller of Accounts within the period of three months from such payment in, after the expiration of which period the sum paid in or any unapplied balance thereof shall be carried to the account of general revenue. OFFENCES AND PROCEDURE 50. (1) All offences which, under the Merchant Shipping Act 1894 of the United Kingdom, are punishable summarily in Trinidad and Tobago may be heard and determined by any Magistrate, and the provisions of the Summary Courts Act shall apply to such offences. (2) The power vested by section 223(4) of the said Act of the United Kingdom in any Justice may be exercised by any Justice in Trinidad and Tobago. 51. For the purpose of giving jurisdiction to all Courts, and to all Judges, Magistrates and Justices, every harbour shall be deemed to be part of Trinidad and Tobago; and all complaints in respect of any offences committed in any harbour which are punishable on summary conviction shall be heard and determined by a Magistrate. 52. Every act in respect of which any penalty is imposed by this Act, or any sum of money is made recoverable as a penalty, shall be an offence against this Act. 53. (1) All offences under this Act may be prosecuted, and all penalties incurred may be imposed or recovered, in the manner provided by the Summary Courts Act. Offences by seamen. 57 & 58 Vict. c. 60. Ch. 4:20. Harbour to be part of Trinidad and Tobago. Offences. Procedure and recovery of penalties. Ch. 4:20. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 22 Chap. 50:06 Harbours (2) The jurisdiction to settle disputes conferred on the Harbour Master may be exercised in the manner provided by the Summary Courts Act. (3) Offences for which the fine or penalty does not exceed two hundred dollars may be dealt with by the Harbour Master, who for that purpose, and for the purposes of his jurisdiction to settle disputes between boat owners and boatmen, shall have all the powers and privileges of a Magistrate. ADMIRALTY JURISDICTION OF HARBOUR MASTER 54. (1) The Harbour Master of every harbour shall have Admiralty jurisdiction in all causes of damage by collision where the amount claimed does not exceed one hundred and ninety-two dollars and the collision took place within his harbour. (2) All such causes may be heard and determined in a summary way and, if the Harbour Master sees fit, without issuing any summons or other process in personam or in rem, so always that the statement of the party complaining be taken on oath, and that the Harbour Master before making any final order gives to the parties interested in the vessel complained of an opportunity of answering the complaint, and the Harbour Master may, if he sees fit, and shall, if required by any party, take evidence on oath. 55. A cause book shall be kept by every Harbour Master in which causes brought before him in his Admiralty jurisdiction shall be entered, and such causes shall be numbered consecutively in each year according to the order in which the same are commenced; and the date of the complaint being laid, the names of the party complaining and of the ship or party complained against, the nature of the complaint, the names of the witnesses, and the mode in which the cause is disposed of, and such other particulars (if any) as are directed by general Rules under this Act, shall be entered in such cause book. 56. A Harbour Master in exercising Admiralty jurisdiction under this Act may, if he thinks fit, summon to his assistance an Ch. 4:20. Jurisdiction of Harbour Master in cases of collision. Harbour Master’s Admiralty cause book. Assessors in Admiralty causes. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 23 assessor or two assessors, but he shall not be bound to decide according to their opinion. Every assessor under this section shall be a ship master or ship carpenter. 57. The Harbour Master of the harbour of Port-of-Spain may make general rules regulating the practice and procedure in Admiralty causes under this Act, the fees to be paid, and the costs to be allowed, and the remuneration to be given to assessors; but no such rule imposing fees or regulating the disposal of any fees shall have any effect unless and until it is approved by the President. 58. (1) Notwithstanding anything in this Act, but subject to any general orders made under this section, a Judge of the High Court, in the exercise of its Admiralty jurisdiction may, at any stage of an Admiralty cause instituted before a Harbour Master, order the same to be transferred to the High Court. (2) The Rules Committee established by the Supreme Court of Judicature Act may make Rules of Court prescribing any matter of procedure that is necessary or expedient for the purposes of any of the provisions of this Act. (3) All such Rules of Court made under this Act shall be published in the Gazette. 59. Every Harbour Master shall, for the purpose of enforcing any judgment or order, have such powers of detaining and selling vessels and such other powers as are, at the time of the giving of such judgment or the making of such order, vested in the High Court in the exercise of its Admiralty jurisdiction. 60. Every Harbour Master shall, in all Admiralty causes and in all other judicial proceedings before him, have power to administer an oath. 61. Every Harbour Master, as to all matters happening within his harbour and for the purpose of taking any statutory declaration, shall have all the powers and jurisdiction which, by any Act or other law are vested in any Magistrate or Justice, and is entitled to General Rules in Admiralty causes. Transfer of causes from Harbour Master to High Court. Procedure. Ch. 4:01. Publication of orders. Power of Harbour Master to enforce orders. Power to administer oaths. Jurisdiction of Harbour Master. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 24 Chap. 50:06 Harbours the same protection, privileges and immunities as a Magistrate or Justice, and such powers and jurisdiction may be exercised by the Harbour Master in any place in Trinidad and Tobago, whether within the limits of his harbour or not. INQUESTS 62. For the purposes of any Act relating to Coroners, every harbour shall be deemed to be in the district of such duly qualified medical practitioner as has been appointed to be District Medical Officer thereof, and the Harbour Master shall, as to all matters happening in his harbour, have all the powers and jurisdiction and discharge all the duties of a Coroner. MISCELLANEOUS 63. (1) The President may make Regulations respecting— (a) the use of the piers, wharves and jetties in any harbour; (b) the places in any harbour where the making fast of vessels or the landing of passengers or goods is prohibited or allowed only subject to restrictions specified in such Regulations; (c) the forms to be used in respect of the arrivals and departures of vessels; (d) the colours to be shown by any vessel which, after having been boarded in any harbour, arrives in another harbour; (e) the place and manner in which the particulars required by this Act, and any other particulars which he may direct, shall be painted or otherwise shown on licensed boats, and the times at and the circumstances under which they are to be repainted or otherwise renewed; (f) the carrying of lights by vessels, and the doing of Inquests as to deaths in harbours. Regulations. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 25 all such other things as the President may think necessary for better ensuring the safety of persons and vessels within all harbours; (g) such other things as are by the Act required to be prescribed by the President; and (h) generally for the purpose of enforcing the provisions of this Act. (2) Any such Regulations may impose penalties in respect of any breach thereof, whether by act or default, so that such penalties do not exceed two hundred dollars for any one breach, and may direct that any vessel or boat, or any goods in respect whereof any such breach takes place, be charged with the payment of such penalty. Such Regulations shall have the same effect and may be enforced in the same manner as if they were contained in this Act. 64. All general rules as to the Admiralty jurisdiction of any Harbour Master, and all regulations by the Minister or by a Harbour Master made under this Act, shall be published in the Gazette. 65. Every Harbour Master shall cause a Table of boat fares and a printed copy of this Act to be hung up in his office in some conspicuous place. He shall also supply to any person copies of the said Table of fares and of this Act on payment of the following sums: For every Table of fares … … Twenty-five cents. For every copy of this Act … … Fifty cents. SAN FERNANDO HARBOUR 66. Sections 67 and 68 shall be applicable to the harbour of San Fernando only. 67. The Harbour Master shall, before the end of the months of January and July, make a return to the San Fernando City Corporation of all licences granted by him, whether in respect of Publication of Regulations. [4/1983]. Publication of Act and Table of fares. Application of sections 67 and 68. Application of licence fees. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 26 Chap. 50:06 Harbours boats or boatmen in the harbour of San Fernando, during the half year ending on the last day of the preceding month, and of the names of all persons to whom he granted such licences, and of the amount of the fees for such licences; and, after deducting the cost of badges and all other expenses incident to the granting of such licences, shall hold the balance of such amount in trust to pay the same over to the Chief Executive Officer and Treasurer of San Fernando City Corporation for the use of the said Corporation. The Harbour Master shall be allowed all expenses actually and in good faith paid or incurred by him, and shall not be liable for any loss unless the same happened by his wilful act or default. 68. Every penalty recovered under this Act in respect of anything done or omitted in the harbour of San Fernando, after deducting all costs of suing for and recovering the same, shall be paid as follows, that is to say, one moiety to the Chief Executive Officer and Treasurer of the San Fernando City Corporation for the use of the said Corporation, and the other moiety to the Comptroller of Accounts for the use of the State. The President may remit the whole or any part of any such penalty or of any imprisonment in default of payment thereof. Application of penalties. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 27 Section 34.*SCHEDULE FEES PAYABLE FOR LICENSED BOATMEN AND BOATS $ BOATMEN: For every licensed boatman … … … … 0.60 BOATS: For each licensed boat designed to carry not more than 10 passengers … … … … … 1.20 More than 10 but not more than 15 passengers … … 1.80 " " 15 " " 20 " " … … 3.60 " " 20 " " 40 " " … … 7.20 " " 40 passengers … … … … 9.00 *This was the Schedule theoretically in force on 31st December 1980. However at that date it had long been outdated and was not in fact being applied. It is hoped that by the time this is published steps will have been taken to replace it. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 28 Chap. 50:06 Harbours SCHEDULE PORT-OF-SPAIN HARBOUR The Port-of-Spain Harbour shall be as follows: So much of the Gulf of Paria as is enclosed by an imaginary line drawn from Martin Point on the Mainland to the Eastern-most point of Nelson Island, thence due South to Latitude 10˚ 36' 24" North and thence due East to the Mainland. SCARBOROUGH HARBOUR The Scarborough Harbour shall be as follows: Any part of Rocky Bay not at a greater distance from the shore than one nautical mile, not further East than a line drawn South from the Lodge Point, and not further West than a line drawn South from Lambeau Point. SAN FERNANDO HARBOUR The San Fernando Harbour shall be as follows: Such part of the Gulf of Paria as is comprised within a radius of 31/2 nautical miles from the Customs House of San Fernando. SUBSIDIARY LEGISLATION ESTABLISHMENT OF HARBOURS ORDER made under section 3(2) l. This Order may be cited as the Establishment of Harbours Order. 2. The areas defined in the Schedule are established as harbours for the purpose of the Act under the respective names specified in the Schedule. Citation. Establishment of harbours. Schedule. Proc. 28 of 1945. 228/1945. Proc. 34 of 1900. G. 18.10.1900. Proc. 1 of 1959. 4/1960. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 29 [Subsidiary]Establishment of Harbours Order BRIGHTON HARBOUR The Brighton Harbour shall be as follows: All that portion of the Gulf of Paria enclosed by an imaginary line drawn from Point Galba in a direction 319° 15' (T) to a position in Latitude 10° 16' 35.8" N— Longitude 61° 40' 13.2" W. to Latitude 10° 17' 05.4" N— Longitude 61° 39' 41.0" W. to Latitude 10° 15' 22.0" N— Longitude 61° 38' 10.5" W. to Latitude 10° 16' 00" N— Longitude 61° 36' 50" W. to Latitude 10° 16' 52" N— Longitude 61° 36' 59" W. to Latitude 10° 16' 56.6" N— Longitude 61° 26' 29.0" W. to Latitude 10° 15' 48" N— Longitude 61° 36' 17" W. to Latitude 10° 15' 03" N— Longitude 61° 37' 05" W. thence due South to the land. POINT LISAS HARBOUR The Point Lisas Harbour shall be as follows: All that portion of the Gulf of Paria bounded as follows: (i) to the North—by the line of latitude 10° 25.1' North; (ii) to the West—by the line of longitude 61° 32.1' West extending southwards to the point of intersection with the line of latitude 10° 21.9' North; (iii) to the South—by the line of latitude 10° 19.8' North extending westwards to the intersection of Longitude 61° 28.53' West—the line produced to join the southernmost point of the western boundary and the westernmost point of the southern boundary; (iv) to the East—by the high water mark of the shoreline between the northern and southern boundary lines. POINTE-A-PIERRE HARBOUR The Pointe-a-Pierre Harbour shall be as follows: An area within a radius of one and three-quarter sea miles from La Cenier Light Beacon in approximately: Latitude—10 degrees 19' 19" North. Longitude—61 degrees 27' 17" West. CEDROS HARBOUR The Cedros Harbour shall be as follows: Such part of the Gulf of Paria bounded by an imaginary line drawn from a position 10° 05' 18" North, 061° 54' 00" West due North to Latitude 10° 07' 30" North due East to the mainland. Proc. 8 of 1967. 107/1967. Proc. 9 of 1965. 78/1965. 162/1981. G. 17.6.76. 40/2000. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 30 Chap. 50:06 Harbours [Subsidiary] Establishment of Harbours Order CHARLOTTEVILLE HARBOUR The Charlotteville Harbour shall be as follows: Such part of the Caribbean Sea enclosed by an imaginary line drawn from a position 11° 20' 00" North, 060° 33' 31" West due East to Longitude 060° 34' 00" West thence due South to a position 11° 19' 18" North, 060° 34' 00" West thence in a direction 111° (T) to the mainland of Tobago. POINT FORTIN HARBOUR The Point Fortin Harbour shall be as follows: Such part of the Gulf of Paria bounded by an imaginary line drawn due West from Point Ligoure to Longitude 61° 43' 48" West thence due North to Latitude 10° 14' 12" North thence due West to Longitude 61° 44' 24" thence due North to Latitude 10° 15' 12" then due East to Longitude 61° 41' 00" West thence due South to the mainland. 40/2000. 250/2000. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 31 [Subsidiary] PORT-OF-SPAIN HARBOURS REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Boats to lie off steamers. 3. Boarding or embarking passengers. 4. Remaining alongside prohibited. 5. Conduct of boatmen. 6. Control of boats by police. 7. Obstruction. 8. Boat fares. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 32 Chap. 50:06 Harbours [Subsidiary] PORT-OF-SPAIN HARBOURS REGULATIONS made under section 44 1. These Regulations may be cited as the Port-of-Spain Harbours Regulations. 2. All boats shall lie off steamers and other vessels carrying passengers at a distance of not less than eighteen metres except as hereinafter directed. 3. Not more than one boat shall be allowed to come alongside at the same time for the purpose of taking in or embarking passengers and their luggage. 4. No boat shall be permitted to remain alongside longer than is actually necessary to enable the boatman to take in or embark passengers and their luggage. 5. No boatman shall in any vessel lying within eighteen metres or alongside of any steamer or other vessel carrying passengers— (a) be drunk and disorderly; (b) make use of any violent or obscene language with intent to provoke any person to commit a breach of the peace; (c) use any obscene or profane language to the annoyance of any person; or (d) fight or otherwise disturb the peace. 6. Any member of the Police Service, either from a patrol launch or from the shore, may control all boats at or within forty five metres of any landing place or ship’s gangway; and the coxswain or any person in charge or forming part of the crew of any boat approaching, or leaving, or heaved to within forty-five metres of such landing place or gangway shall obey all lawful orders given by a member of the Police Service, and shall at once move away from any landing place or from the gangway of any ship if so ordered. G. 25.5.17. [1.6.39. 186/1983]. Citation. Boats to lie off steamers. Boarding or embarking passengers. Remaining alongside prohibited. Conduct of boatmen. Control of boats by police. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 33 [Subsidiary]Port-of-Spain Harbours Regulations 7. Any boatman, porter or person exercising the calling of a porter who obstructs the traffic on the wharves or jetties and vessels alongside and does not move off on being directed to do so is liable to a fine of two hundred dollars. 8. The boat fares for the Port-of-Spain Harbour shall be as set out in the Schedule.* Obstruction. Boat fares. * The Schedule has been omitted as it is long outdated and is not being enforced. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 34 Chap. 50:06 Harbours [Subsidiary] SCARBOROUGH HARBOUR REGULATIONS made under section 44 1. These Regulations may be cited as the Scarborough Harbour Regulations. 2. All boats shall lie off steamers and other vessels carrying passengers at a distance of not less than twenty metres except as hereinafter directed. 3. Not more than one boat shall be allowed to come alongside steamer or other vessel at the same time for the purpose of taking in or embarking passengers and their luggage, and shall not be permitted to remain longer alongside than is actually necessary. 4. No boatman shall in any boat lying within twenty metres or alongside of any steamer or other vessel carrying passengers— (a) be drunk and disorderly; or (b) make use of any violent or obscene language with intent to provoke any person to commit a breach of the peace; or (c) use any obscene or profane language to the annoyance of any person; or (d) fight or otherwise disturb the peace. 5. The boat fares for the Scarborough Harbour shall be as set out in the Schedule.* *The Schedule (last prescribed by GN 75/1951) has been omitted as it is long outdated and is not being enforced. G. 17.9.31. [75/1951 186/1983]. Citation. Boats to lie off steamers. Boarding or embarking passengers. Conduct of boatmen. Boat fares. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 35 [Subsidiary] HARBOURS GENERAL REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. GENERAL 2. Drogher certificates. 3. Hoisting of colours. 4. Boat identification. 5. Maximum number of passengers. 6. Droghers at anchor. 7. Boats moving at night. 8. Breach of regulations. HARBOUR OF PORT-OF-SPAIN 9. Vessels lying alongside wharves. 10. Discharge. 11. St. Vincent Jetty. 12. Stationary moorings. 13. Remaining alongside landing place. 14. Landing of articles on Jetty at Queen’s Wharf. 15. Penalty. HARBOUR OF SAN FERNANDO 16. Landing of goods. 17. Beaching of boats. 18. Anchoring of boats. 19. Fine. HARBOUR OF BRIGHTON (LA BREA) 20. Landing of goods. 21. Beaching of boats. 22. Open boats. 23. Anchoring of boats. 24. Fine. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 36 Chap. 50:06 Harbours [Subsidiary] HARBOURS GENERAL REGULATIONS made under section 63 1. These Regulations may be cited as the Harbours General Regulations. GENERAL 2. Vessels having drogher certificates when under sail or steam within the waters of Trinidad and Tobago between the hours of sunrise and sunset shall carry at the masthead, or if vessels having more than one mast, at the foremasthead, a blue flag with a white cross in the centre. 3. Vessels which have been boarded in any harbour of Trinidad and Tobago shall on arrival in another harbour of Trinidad and Tobago hoist their colours at the foremasthead. In case of any contravention of this regulation the master or person in charge is liable to a fine of forty dollars. 4. Every licensed boat shall have the number of its licence and the initial of the harbour where it is licensed and the name of the owner legibly painted on the stern in letters and figures not less than forty millimetres in length, and not on a board moveable at pleasure. In case of any contravention of this regulation the owner is liable to a fine of two hundred dollars. 5. All licensed boats shall be licensed to carry a specified number of passengers and no licensed boat shall carry more than the number so specified. For the purpose of arriving at the number of passengers to be carried, the Harbour Master shall allow one passenger for every lineal half metre of seating accommodation in such boat, provided, however, that when such accommodation is of an unusual character he may allow such number of passengers as he may consider adequate. G. 10.6.20. [5.12.35. 186/1983]. Citation. Drogher certificates. Hoisting of colours. Boat identification. Maximum number of passengers. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 37 [Subsidiary]Harbours General Regulations In case of any contravention of this regulation every boatman in the boat is liable to a fine of two hundred dollars. 6. Droghers when at anchor at night shall exhibit a bright white light visible all round the horizon. 7. Boats (licensed or not) when moving about in harbours at night shall exhibit a bright light carried at least one metre above the gunwale and so fixed that it can be seen all round the compass. This regulation applies also to fishing boats, whether moving or stationary, when fishing within the limits of harbours, but shall not apply to Police or Customs boats. 8. If any person by any act or default commits any breach of regulation 6 or 7, such person is liable to a fine of two hundred dollars for each such breach, and the drogher, boat or vessel in respect of which such breach was committed may be charged with the payment of such fine. HARBOUR OF PORT-OF-SPAIN 9. Unless otherwise provided for in these Regulations, no lighter, launch, boat or coasting vessel shall lie alongside the wharves between the hours of 6.00 p.m. and 6.00 a.m. and on Sundays and public holidays, unless they are actually working at such times, but shall proceed to one of the places assigned to them hereunder; but vessels loaded at the wharves for the coast may remain alongside after 6.00 p.m. if they are to leave during the night immediately following such loading: (a) Empty lighters, and water boats whether laden or not shall anchor East of 2 black buoys in line with the eastern side of the Railway Export Shed on the Queen’s Wharf; (b) Vessels with cargo for or from the Railway Export Shed or Railway Wharf may remain alongside such places; if for any reason they cannot remain alongside, they shall anchor between the shore and the two inner buoys off the Railway Export Shed and the Harbour Master’s boathouse. Droghers at anchor. Boats moving at night. Breach of regulations. Vessels lying alongside wharves. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 38 Chap. 50:06 Harbours [Subsidiary] Harbours General Regulations (c) Small craft from the West Indian Islands and Venezuela, coasting vessels, launches and boats using the Queen’s Wharf, shall anchor within the area, marked by two red buoys in line with the eastern side of the Harbour Master’s Boathouse and two red buoys in line with the ridge of the Public Weighbridge Building on the Queen’s Wharf; (d) Lighters with cargo for the Custom House or with cargo from the Custom House awaiting shipment to an exporting ship shall lie alongside the Customs Wharf or Customs Jetties. If for any reason they cannot lie alongside, they shall anchor within the area marked by two white buoys in line with the eastern side of the Customs bonded Warehouse and two white buoys in line with the eastern jetty of the Custom House. Lighters with lumber, coal, bricks, loose iron or machinery from an importing ship for discharge at the public wharves may remain alongside such wharves at all times until discharged; (e) Lighters with cargo loaded at the wharves or with cargo from the coast awaiting the arrival of an exporting ship shall anchor within the area marked by two red buoys in line with the western jetty of the Custom House and two red buoys in line with the eastern side of the Customs Office on St. Vincent Wharf. Lighters which have not completed loading for an exporting ship shall also anchor within this area from 6.00 p.m. to 6.00 a.m. and on Sundays and public holidays if not working at such times; (f) Boats and launches using the St. Vincent Wharf, when not employed, shall anchor within the area marked by two white buoys off the 10-ton crane and parallel to St. Vincent Jetty and two white MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 39 [Subsidiary]Harbours General Regulations buoys off the foot of Richmond Street and also parallel to St. Vincent Jetty; (g) No vessel shall anchor in any of the above described anchorages so that she can swing between the wharves and the buoys nearest the wharves or into any of the spaces between the various anchorages which are reserved for navigation to and from the wharves. 10. Vessels which have discharged at the wharves or warehouses shall remove at once to one of the anchorages assigned to such vessels, provided however, that when such vessels are required to take in cargo on the same day of discharge they may remain alongside in order to secure the berth, but in no other case. 11. No vessel shall anchor in the channel leading to the St. Vincent Jetty or so that, when she swings, she shall lie nearer than 1/2 cable from the line of buoys on the side of the channel nearer to her. 12. No stationary moorings shall be permitted in the harbour without the approval in writing of the Harbour Master. 13. No vessels shall be permitted to remain alongside any landing place except when actually taking in or landing passengers. 14. No wares, merchandise, or other articles or packages, except small parcels and passengers’ personal baggage and packages for the Government Steamers shall be landed on or taken off the Jetty at Queen’s Wharf. 15. The penalty for the breach of any of regulations 9 to 14 is a fine of two hundred dollars. HARBOUR OF SAN FERNANDO 16. All goods shall be landed on the wharf space between the north side of the Government Petroleum Store and the south-east end of the wharf, and the Harbour Master may appropriate particular Discharge. St. Vincent Jetty. Stationary moorings. Remaining alongside landing place. Landing of articles on Jetty at Queen’s Wharf. Penalty. Landing of goods. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 40 Chap. 50:06 Harbours [Subsidiary] Harbours General Regulations portions of this space for the landing of particular classes of goods. Moreover, the Harbour Master may give directions as to the time during which goods landed shall be allowed to remain when landed, and as to particular classes of goods may require that they be immediately removed to some adjacent ground. The Harbour Master may also give directions as to the time during which goods or anything deposited within six metres of the edge of the wharf shall be allowed to remain when so deposited. In case of any contravention of this regulation or of any directions given by the Harbour Master thereunder the offender shall be liable to a fine of two hundred dollars and the goods or things in respect of which the contravention takes place shall be charged with the payment of the fine. 17. Boats shall be beached on such parts of the shore as the Harbour Master may appoint for that purpose. 18. No boats shall be anchored within forty-five metres of any part of the shore. 19. In case of any contravention of regulations 17 and 18 the offender shall be liable to a fine of forty dollars and the boat in respect of which the contravention takes place shall be charged with the payment of such penalty. HARBOUR OF BRIGHTON (LA BREA) 20. All goods must be landed on the beach or pier between Point d’Or and Point Boyer, and the Harbour Master may appropriate particular portions of this space for the landing of particular classes of goods. Moreover, the Harbour Master may give directions as to the time during which goods landed shall be allowed to remain when landed, and as to particular classes of goods may require that they be immediately after landing removed to some adjacent ground. In case of any contravention of this regulation or of any directions given by the Harbour Master thereunder the offender shall be liable to a fine of two hundred dollars and the goods in Beaching of boats. Anchoring of boats. Fine. Landing of goods. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 41 [Subsidiary]Harbours General Regulations respect of which the contravention takes place shall be charged with the payment of the fine. 21. Boats may be beached on any part of the shore between Mr. McCarthy’s dwelling house and Point Boyer, but not elsewhere except with the permission of the Harbour Master. 22. Fishing boats, corials and other open boats may be pulled up or anchored to the west of Mr. McCarthy’s dwelling house and to the east of King’s Point, but not elsewhere. 23. No boat shall be anchored within forty-five metres of any part of the shore. 24. In case of any contravention of any of the three last preceding regulations as to boats, the offender shall be liable to a fine of forty dollars, and the boat in respect of which the contravention takes place shall be charged with the payment of such fine. Beaching of boats. Open boats. Anchoring of boats. Fine. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 42 Chap. 50:06 Harbours [Subsidiary] PORT-OF-SPAIN HARBOURS (PROHIBITION OF BATHING AND SMOKING) REGULATIONS made under section 63 1. These Regulations may be cited as the Port-of-Spain Harbours (Prohibition of Bathing and Smoking) Regulations. 2. No person shall make use of the wharves or jetties mentioned in the Schedule hereto for the purpose of bathing in the waters adjacent thereto. 3. No person shall use any boat or other craft for the purpose of bathing in the waters adjacent to the said wharves or jetties. 4. No person shall smoke or carry any naked light on or within thirty and a half metres of the Shell Leaseholds Distributing Jetty by the Archer Coaling Depot. 5. Any person who contravenes any of the preceding regulations is liable on summary conviction to a fine of two hundred dollars and in default of payment to imprisonment for thirty days. SCHEDULE That portion of the wharves extending from the Lighthouse Jetty to the commencement of the Deep Water Wharf. Lighthouse Jetty. St. Vincent Jetty. Shell Leaseholds Distributing Jetty by the Archer Coaling Depot. G. 25.3.37. [186/1983]. Citation. Use of wharves or jetties. Schedule. Use of boat or other craft. Smoking prohibited. Contravention of regulations. Regulation 2. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Harbours Chap. 50:06 43 [Subsidiary] PROTECTION OF BEACONS REGULATIONS made under section 63 1. These Regulations may be cited as the Protection of Beacons Regulations. 2. (1) No vessel shall be made fast to any public beacon in any Harbour. (2) The master of any vessel contravening this regulation is liable on summary conviction to a fine of two hundred dollars, and the vessel in respect of which such breach took place may be charged with the payment of such fine. G. 22.9.38. Citation. Public beacon and contravention of regulations. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011