Saint Vincent and the Grenadines Port Authority Act, 1987 (Act No. 26 of 1987)

129 SAINT VINCENT AND THE GRENADINES ACT NO. 26 OP 1987 I ASSENT [ L.S.l ,JOSEPH L. EUSTACE, Governor·Generai. 2nd November, 1987. AN ACT to provide for the establishment of an Authority to be known as the Saint Vincent and the Grenadines Port Authority; to provide a coordinated and efficient system of port facilities and services; and for the purpose of providing duties and powers of the Authority and for the transfer to, investing in the Authority of functions, assets and liabilities of the Port andlVIaril1e Department and the Saint Vincent Port Authoriv established under the Port Authority Act, 1975, and other matters related thereto and connected therewith, [On Proclamation J BE IT fi.-rACTED by the Queen's Most Excellent Majesty, by and with t}le advice and consent flI the House of Assembly of Mllint Vincent and the Grenadines, and by the authority of 111e same, as follows: I, 'I'hts Act may be I'ritl:'O as the Saint Vincent and the Short title Grenadines Port Author-ity Acto 1987 and shall come into and 0 nt• . ' '" " common ~ me opr,rfltton on such date as the Governor-General maY,by Proclamation, appoint. 2. In this Act Interpretation "animal" means any animate thing of any kind except a human being; No. 26. 130 ,St. Vin(~ent and the Grenadines Port Authority "Authority" means the Saint Vincent and the Grena. dines Port Authority established under section 3; "Authorized OfficerI, means a person authorized by the Port M:ana~er to exercise the powers or perform the duties in respect of which the expression is used; "Authority Pilot" means a pHot employed by the Authority p,UI'sua.nt to the provisions of seetion53; "beacon It means any light, mark or sign used as an aid to navigation, other than a light-house or buoy; "buoy" includes any floating light, mark or sig-ll used as an aid to navigation other than a lighthouse; II Chairman" means the Chairman of the Authority appointed under section 5 (4lo:r any person for the time being performing- the functions of Chairman: "charges" means any charges or rates levied by the Authority under this Act and includes any rent, but does include dues ; "Council" meant> the Council of the Authority appointed pursuant to the provisions of section 5: "dues:" include pilotage dues, port dues, tonna,ge dues levied under this .A.etbut does not include rates; "ferry" means any vessel plyin« from one side of a waterwae to the ether or from one locality within the State to another for the purpose of the carriage of Iro'ods or passengera: "financialyeal'''means such perio.d (of twelve months as the Authority with the approval of the Minister may determine to be Its Bnancial year, so, however, that the first financial year shall be the period com­ mencin~with the commencement of this Act and ending withsnch day as shall be ftxedby the Authority; "goods" means all kinds or moveable property in­ eluding animals; '"Harbour Master" means the Harbour Master appointed pursuant to and having the powers as set forth in section 14 (3) ; "local authority" means the Kingstown Town Board constituted pursuant to the Kingstown Town Board Act, 1970 (No. 22 of 1970), or any town. 'Villa~e OT district council constituted pursuant to the IJocal Government Act 1951 (No, 17 of 1951) ,; 1987 No. 26. 131 St. Vincent and the Grenadines Port Authority 1987. "Mastel'" in relation to a ship means any person (other than an Authority Pilot) having charge for the time being of that s-uip; "member" means a member of the Council ot the Authority appointed under section 5 (1); "Minister" means the Minister having responsibility for Communications and W&rks ; "owner" when llsedin relation (a) to goods. includes any eonsigner, consignee, shipper or agent of the owner £01' theeaIe. custody, loading, handling, discharge Oil' delivery of such goods; (b) to any ship, includes any part owner, charterer, operator, consignee Or mortgagee in possession thereof or any duly authorized agent of such persoa ; "perishable gooda" means goods liable to rapid deterioration and, in partieula-r,i:ncludes fish, fmit, vegetables, meat, poultry, game, butter, eggs, milk, cheese, plants, small animals or any other thing which the authority may by notice published in the Gazette declare to be perishable goods; i'Pe;rmanent Secretarry' 'includes a nominee appointed by a Cabinet; "Pilot~e Committee" means the Pilotage Committee appointed under section 54 of this Act; "Ports" means any plaee declared to be a port under section 3 of this Aet; "Port Mana~er" means the Port manager of the Authority 3ippointed under section 13 and includes any person appointed to act ItS Pod Manager; "premises" includes any immovable property whether open or enclosed. whether built on or not, whether pubHe or privtr.tl'l and whether maintained or not under statutory Authority; "Security Guard" means 's Security ~u.a.t"d appoi'11~ed by the AuthQrity pursuant. to the provisions of sectIon 94; "reAUlations" means the regulations made UDder thit Act: No. 26. 132, St. Vincent and the Grenadines Port Authority 1987. Designation or 1'",t. l!:stabllshmcnt .or: Alithority Constitution of tho Authority "ship" includes any ship, vessel, tug or boat of any kind whatsoever whether the same is propelled by steam or otherwise or is towed; "Ta;riff Book" means the Tariff Book prepared and publishedunder section 51 of this Act; , 'vehicle" means any vehicle towed or propelled by any means whatsoever for the portage of goods or persons otherwise than by sea. 3. (1) The following ports are hereby declared to be ports within the meaning of this Act: (a) Port of Kingstown; . (b) Port of Bequia; (c) Port of Mustique : (d) Port of Union Island; as further described in the First Schedule to this Act. (2) The Minister may, after consultation with the Authority, by notice in the Gazette,declare any other area to be a port for the purposes of this Act and shall, in such notice, define the limits of the port, PART II ESTABLISHMENT, CONSTITUTION, MANAGEMENT AND STAFF 4. (1) There is hereby established for the purposes of this Act a body to be called the Saint Vincent and the Grenadines Port Authority. (2) The Authority shall be a body corporate with perpetual succession and a common seal and with power as such to enter into contracts,to sue and be sued by law in its corporate name and may for all purposes be described by such name, to acquire, hold, mortgage, lease and dispose of all kinds of property moveable and immoveable and to do and perform such acts and things as bodies corporate may by law do and perform subject to the provisions of this Act. 5. (1) The Authority shall be administered by a Council , ..hich shall consist of nine members as specified in subsection (~) all of whom shall be appointed by Cabinet. No. 26. 133 St. Vincent and the Grenadines Port Authority . (2) The members of the Council shall be: 1987 . (a) the Direll't01" General of Finenee and Planning or his designate; (b) the Permanent Secretary of the l\'1inistry of Trade, Industry and Agriculture or his desig­ nate; (c) the Permanent Secretary of the Ministry of Communieations and Works or his designate; (d) a nominee of the Saint Vincent Chamber of Commerce; (e) a nominee of those persons perdorming the functions of ship!pling agents; (f) two persons to be appointed by Cabinet, one such person with marine experience the other frOID the Agroicultural Community; (g) two persons with special interest related to Port and Port matters to be appointed by Cabinet. (3) A member appointed under subsection (1) SlU1U hold office for a period not exceeding three years, as the Cabinet may direct and shall in ceasing to be a member. be eligible for re-appointment; Provided that where a member ceases to be a member for any reason Cabinet may appoint another member subject to the provisions of subsection (1) in his place for the re­ mainder of the time for which the former member would have served but for his ceasing to be a member. (4) The Qh,aimnan and deputy Chairman of the Authority shall be appointed by the Cabinet from the members of the Council. (5) In the event of incapacity from illness Or other temporarv cause or of the temporary absence from the State of any member Cabinet may, subject to subsection (1). appoint Borne other person to act as a temporary member during the time such incapacity or absence c'ontinues. . «i) Cabinet may. at any time revoke the appointment of any member if it considers it expedient so to do. (7) The aopointment of any member and the termi­ nation of office of any person as a member whether by death, resignation, revocation, efflnxion of time or otherwise shall No. 26. 134 St. Vincent and the Grenadines Port Authority 1981. ;""",1 or till> Auth.ority Serv;"'e of! netic.. (8) The Port Manager shall be the Secretary of the Council. (9) The Port Manager appointed pursuant to previous legislation shell, on the coming into operation of this Act, continue as Port Manager until such time as a Port Mana~erisappointed under this Act. 6. (l) The Seal of the Authority shall be kept in the c1lStody of the- Port Manager and may be affixed to instru­ ments pursuant to a re,solution of the Authority and in the presence of the Chairman or Deputy Chairmen and the Port Manager. (2) The Seal of the Authority· affixed to any instru­ ment under subsection (1) shall be authenticated by the signature of the Chairman or Deputy Chairman and the Port Manager, and such seel shall be offic~lly and judiciaHy noticed. (3) All deeds, instruments, contra.etsand other documents, other than those ,required by law to be under Ileal, made by, and all decisions of, the Authority may be signified under the hand of" the 'Chairman or Deputy Chairman or Pi()rt Manager. 7. (l) Serviee of any notice, order or other document required or authorized under this Act or any regulation to be served on any person by the PQrt Manager, any authorized officer or officers may be served ....... (a) by delivering it to the person ; or (b) by leaving it at the usual or last known plaee of abode of the person; or (c) by sending it by l'egistel'ed post addressed to the person at his usual or last known address. (2) Service of any notice, order or other document required or authorized under this Act or any regulation to be served on the Port Mana:ger.any authorized officer or efficers may be served No. 26. 1~5 St. Vincent 'and the Grenadines Port .Authority 19B7. (a) by delivering the notice or other document to the Port Manascer or to the Authorh:ed Officer; or (b) by leaving it at the office of the Port Manager i or (c) bysendiag it by registered Post addressed to the Port Manager ~t the office of the Auth-Ority. 8. (1) The Authority shall meet as often as may be Procedure;md necessary Or expedient for the transaction Df. its bllSiness and meetiu/f8 such meetings shall be held at such timesalldiplacesa.s tke 1 the. Authority shall determine, provided that not more than.t\Vo ut:lwrity months shall elapse between such meetings. (2) The Chairman or in the event of hisbein.2aDsent from the State or for any reason whatsoever he is unable to act, the Deputy Ohairman may-at any time call. a special meeting 6f the Authm"ity. and shall call a ". special ... meeting (a) 'W'i'thiJi seven d,ays ma requisitio)1f'O'r"that purpose addressed to him by any four members to consider the matters contained iasuohreqni­ sition j (b) when directed by the Minister to do so. (3) The Chairman or. in his absence, the D¢Pnty Chairman shall preside at every meeting of the Authority lind shall, in the event of equality of votes" have acflsting vote, in addition to his own vote; provid-ed that iIi thealraence j)f the Ghairmanand the Deputy Chainmm the .ll:lemhe:rs p~e:s,ent may elect one of their number to act 118 Chalrnutn,ef that meetina until the arrival of the Chairman or Deputy Ch:airman. (4)Th~ quorum neceSBary fDr the 'trll:nsncU6n'rGf business of the Authority shall be six, proVided that~heTe any member is disqualified from taking part in any delibera­ tion or deelsion of the Authority, with respect to any matter, be shall be disregarded for the. purpnse of constitutlnga, quorum for deliberating' on ordecidin!r that :matter. (5,) The decision of. the Authority"'ith regard to any question shall be determined by vo't'eof· the majorit,Yof the members presem at the meeting of the :Authority. (6) Minutes of the proceedings of each meetin.g of. thtl Authority shall be kept in such zaanner .IllS the Authority may determine and shall be confirmed by the Autliority aL the next meeting and signed by the Chairman or the Depnty Chairman as the case maybe. 136 ·St. Vincent and the Grenadines Port' Authority 1987. ' (7) The Authority may co-opt anyone or more persons to attend any particular meeting of the Authority for the purpose of assisting or advising, the Authority, but no such co-opted person shall have any right to vote. Disclosure ot interest and abatainina from voting Remuneration of members Appointment of committees (8) Subject to the provisions of this section, the Authority shall have power to regulate its own proceedings. 9. (1) It shall be the duty of a member who is in any way, whether directly Or indirectly, interested in an appli · cation to the Authority for a contract or proposed contract with the Authority, to declare the nature of his interest at the first meeting of the Authority at which it is practicable for him to do so. .(2) A member shall not vote in respect of any eontraet or proposed contract with the Authority in which ·he is in any way interested, whether directly, or indirectly. 10. There shall he paid to theCnairman and other members of the Port Auilioritysuch salaries, fees and allow­ ances 'out of the funds of the Authority 'as the Minister may from time to time approve. . ~1. . (1) The A1,lthority may appoint a committee of the '.Authority to examine and report to it on any matter what­ soever arising- out of or connected with any of its functions under this Act. (2) Any such committee shall consist of at least two members together with such other persons, whether members or 'not, whose assistance or service the Authority may desire. (3) Where persons; other than members, are · members of a committee appointed under this section, or where any person is co-opted under the provisions of section 8 (6), the Authority 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 Authority may by resolution rejeot the report of any such committee 01' adopt it either wholly or with such modifications, additions or adaptations as the Authority may think fit. No. 26. 137 St. Vincent and the Grenadines Port Authority 1987. (a) (b) 13. (1) The Authority may delegate to any member Power to or committee of the Authority, or to any employee of the delellato Authority, such of its powers and functions. other than the powers to make rules and regulations, prescribe and levy dues and rates and to borrow money, as it may deem necessary sr desireable. (2) Any function delegated under this section: (a) may be delegated subject to such conditions or restrictions that the Authority may either generally or specially impose; (b) shall be exercised by the commitee or employee eoncerned in the name of and on behalf of the Authority; (3) The delegation referred to in subsection (1) shall not preclude the carrying out of any of the duties by the Authority itself. 13. (1) The Authority shall, at such salary and upon Appointment such terms and conditions as it mary determine, ap·poiruta of PortManagerPort Manager; Provided that such appointment shall be subject to she approval of the Minister, (~) The Port Manager tshall be the chief executive officer of the Authority and shall exercise all the functions entrusted to him by this Act and any regulations; carry out the directives of the Authority per­ taining to their powers and duties as set forth ;n this Act; (c) be present at all meetings of the Authority unless he has obtained leave of absence from the Chairman or is incapacitated by illness or other cause from attending such meetnig , (3) Without limiting the goenerality of subsection (2) the Port Manager shall be in chargeo£ the implementation of policy of the Authority and shall be in charge of all employees appointed and employed by the Authority. No.21S, St. Vincent and the Grenadines Port Authority 1987. Appointment of oftieers and servants (4) In the event of the absence of the Port Manager, the Authority may by instrument in writing and with the approval of the Minister, appoint any person to act as Port Manager during the period of such absence upon such terms and conditions as it may determine. The person so appointed may exercise all the powers and ull the duties by this Act exercisable or to be performed by the Port Manager or as many of such powers and duties as may be specified in such instrument. g. (1) The Authority may appoint and employ at such remuneration and on 1""3h terms and conditions as it thinks fit such officers and servants as it deems necessary for the proper carrying> out of its~unction!l under this Act. (2) The persons so engaged shall perform such duties as may be assigned to them by the Poet M,unagcil' as directed by the Authority. (:1) The Author-ity may appoint and employ, in addition to such other offieers and servants as set forth in subsection (1). a Harbour Master who shall report to and fake directions from the Port Manager and shall, pursuant to those directions be responslble for (a) the erantine of pratique and issuinc clear­ ances to all ships entering or leaving the State; (1)) the keeping of st-atistics on the movement of ships entering the 8t8Jte from a foreign port; (c) the duties as defined under the Quarantine Ordinance; (d) the admeasnrinn of ships f'Oil" tonnage, ete.. (e) the examination of boats for seaworthiness and to issue passenger Iicences , (f) his being Chairman of the Board of Examiners for the issue of Ma'ster's Certificates of' Compo­ tenee , (g) t~e engagement and discharge of seamen; (h) snch other duties as may be assigned frOID tim'!! to time by the Port Manager. No. 26. 139 St. Vincent and the Grenadines Port Authority 1987. (4) In the exercise of his powers, functions and duties pursuant to subsection (3) hereof' the Harbour Master may act throug-h such public officers as he may, with the approved of the Authority designate. 15. The validity of any act done or proceedings taken under this Act shall not be questioned on the ground of (a) the existence of any vacancy in the membership of, or any defect in the constitution of, the Authority; or (b) the eontraventicn by 11 member of the pro­ visions of section 9 ; or (c) any omission, defect or irregularity not affect­ ing the merits of the case. 16. No personal liability sh1111 attach to any member in respect of anything done or suffered in good faith under the provisions of this Act, and anysums 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 of carrying this Act into effect shall be paid out of the funds and resources of the Authority. 17. (L) The Minister may, after consultation with the Chairman give to the AUJtiIrorrity direotions ofa special .or ~eneral character as to the policy to be followed in the per­ formance of its functions in relation to matters lIJP;~e'arin.g to him to concern the publie Ineerest. (2) The Authority shall furnish the Minister with such returns, accounts and other information as he may require with respect to the property and activities of the Authority, and shall afford to him facilities for verifying such inform­ ation in such manner and at such times as he may reasonably require. Proteetioll of Authority Protection of members Policy 18. for the (1) The Minister may make regulations providing establishment of a consultative body (a) to. :r:epresent the interest of persons using facillfice under the control or the Authority; (b) for holding of consultations between the body and the Authority; . Consultative Body No. 26. 140 St. Vincent and the Grenadines Port Authority 1987. Powers and Duties (c) enabling the body to make representations to the Authority, or to any particular member or officer of the Authority with a view to safe­ guarding those interests. (2) Such regulations may contain such incidental and supplemental provisions (excluding provisions for the making of payments) to persons serving on that body as the Minister considers expedient for the purposes of the regula­ t'ons. PART III DUTIE8 A},TD GENERAL POWERS, PROVISIONS REL~TINGTO LAND, PROPERTY AND UNDE1"tTAKINGS OF THE AUTHORITY 19. (1) Snbiect to t1,C provision!'! of this Act, tbt Authority is hereby smpowered to provide in accordance with the provisions of this Act and any regulations a coordinated and integrated system of ports, lighthouses and port services, within the hflllnn 11 ries of the ports under its jurisdiction :;'8 set forth in this Act. (2) Subject to the provisions of this Act, the Authority may ftlr the purpose of performing any of its functions under this Act, do anything and enter into any transaction wIJicI1 in the opinion of the Authority, is necessary to ensure the proper performance of its functions. (3) In particular and without prejudice to the ~enel'­ al ity of the provisions of subsections (1) and (2) it is the duty of the Authority (a) to operate the ports as a nnears to it 'best calculated to serve the public interest ; (b) to regulate and control navigation witMn the limits of such ports and their approaches : (c) to maintain, improve and reg-ulate the use of such ports and the services and facilities therein 3S it considers necessary or desirable; No. 26. 141 St. Vincent and the Grenadines Port Authority (d) to provide fOr such ports and the approaches thereto such pilotage services, beacons, buoys and other navigational services and aids as it considers necessary or desirable; (e) to exercise the duties and functions formerly exercisable by the Port and Marine Department and its officers appointed under and relating to the following Acts. a. the Port Officer's Act; b. the Pilot's Act; c. the Kingstown Harbour Regoulation Act. d. Harbour Dues Act; e. Quarantine Act; . f. Passenger Boats Act; 1987. but where the provision of any of the aforementioned Acts conflicts with the provisions of this enactment, it is deemed that this enactment takes precedence; (4) Subject to the provisions of this Act, the Author-ity shall, for the purposes of carrying' out the duties imposed upon it, have power (a) to appoint, license and regulate weights and measures of goods within the port; (b) to 'acquire any undertaking provided or in. tending- to provide any services or facilities which the Authority is competent to provide; (c) to provide services within the limits of any port or approaches to any port (i) in berthing, towing, mooring, moving, shifting or docking any vessel; (ii) in loading or discharging goods and embark­ ing- or disembarking- passengers in or from any vessel; (iii)' in sorting, weighin~, measuring, storing, ware­ ,.housing- or otherwise handlinz any goods , (iv)' in providing storage; (d) to supply fuel or water to vessels i No. 26. 142 St. Vincent and the Grenadines Port Authority c • c ,. 1987. Compulsory acqu isit.ion of land Power to vcst rcclnmnt.i ons in Authority (e) to provide and use vessels and appliances for the purpose of rendering assistance to any vessel or recovering property lost, sunk or stranded; (f) to provide such fire services both within the limits of a port and on the high seas, as may be deemed necessary by the Authority for purpose of extinzuishina fires on land, sera or aflo~J. and of preserving life land property. (5) The powers conferred by subsection (4) of this section shall be in addition to and not in derogation of any other power conferred upon the Authority by this or any other Law. 20. (1) 'Cabinet when as often as land is required for tho purposes of this Act, may acquire either by private treaty or compulsory under the provisions of the Land Acquisition Act any lands. and may exercise all powers under the Act in relation to any acquisition or intended acquisition of such lands. (2) Cabinet may upon such terms and conditions as it may determine, vest any lands acquired in the Authority by order declaring that such lands shall vest in the Authority as from the date thereof. Any such order shall be published in the Gazette and shall vest the lands absolutely in the Authority as from the date thereof, free from any encum­ brances of any nature whatsoever. (3) Nothing herein contained shall prejudice the right of any person having any interest in any lands acquired asaforcsaid within the provisions of the Land Acquisition Act; Provided, however, that compensation for any lands acquired under this section shall be detemined in accordance with the provisions of section 19 of the Land Acquisition Act save that the date at which such compensation is to be assessed is the date from which the declaration pursuant to section 3 of the said Act shall be published. 21. (1) Any wharf', dock or other public work construc­ tion by the Government alollg,across or extending out from the foreshore within the limits ot the port and the land on which the same is constructed, any land reclaimed from the No. 26. 143 St. Vincem dd the Grenadines Port Authority 1987. sea, and any part ef the foreshore situate within the limits aforesaid, may be vested in the Authority upon such terms and conditions as Cabinet may determine. (2·) Nothing in this section shall he taken to derogate from Or interfere with the use of private rights and the payment of adequate compensetion under any enactment providing for compensation. 22. When any apparatus, fixture or fitting is placed in or upon any premises not being in the possession of the Authority for the purposes of carrylng out the functions of the Authority, such apparatus, fixture or fitting shall not be subject to distress or be taken in execution under process of any court or any proceedings in bankruptcy against the oerson in whose pcssession the same may be. PART IV FINANCIAL Apparatus'. etc. not subject to distress. etc. 24. (1) The Revenue of the Authority s11a11 consist of (a) the sums received by the Authority in respect of dues and charges levied and payable in pur. snanee of the provisions of this Acot and any regulations, including revenues attributable to functions performed by the Harbour Master; (b) such sums as the Authority may borrow for meeting any of its obligations or discharging its functions; Revenue of Authority (c) all other sums that may become payable to or vested in the Authority in respect of any matter incidental to its powers and duties. (2) All sums referred to in subsection (l) shall be paid into and placed to the credit or an account at a Bank approved by the Minister. 24. The revenue of the Authority in any financial year AR Pplicationf of 1, d . h J! "II . " h avenue 0shall be app ie in payment of t e .1.0 owing c arges;- . Authority (a) the interest and sinkin/:r fund contributions Gil any loan payable by the Authority: No. 2ft 144 St. Vincent and the Grrmadines Port Authority ]987. Temporary investmcst of funds Power to borrow (b) the sums required to be paid to the Government towards the repayment of any loan made by the Government to the Authority; (c) the remuneration and allowances of members and of any committee of the Authority; (d) the salaries, remuneration, allowances, pensions, gratuities, provident fund and other super­ annuation benefits of the officers and servants, employed in or in connection with the activities carried on by the Authority; (e) the workinrrand establishment expenses of, and the expenditure on, or provision for the main­ tenance of the property and installations of the Authority, and the discharge of the functions of the Authority properly chargeable to revenue accounts; U) such sums as the Authority may deem appro­ priate to set aside in respect of 0 bsolescence and depreciation or renewal of the property Or installations of the Authority, having regard to the amount set aside out of revenue under snbseetioas (a) and (b) of this section; (g) the cost, Or any portion thereof, of any new works, plan or appliances not being a renewal of property of the Authority, which the Authority may determine to charge to revenue; (h) sums to be appropriated to the Reserve Fund; (i) any other expenditure authorized by the Authority and properly chargeable to revenue. 25. (1) The Author-ity may from time to time temporarily invest, with the approval and in such manner as the Minister may direct, any of its funds not required to be expended in the meeting of its obligations or in the discharge of ita functions. (2) All interests from such investment shall he paid to the credit of the Authority's accounts as provided in subsection (2) of section ~4. 26. (1) Subject to the provisions of this Act the Authority may from time to time for the purposes of this Act raise loans No. 26. 145 St. Vincent and the Grenadines Port Authority (a) from the Government; or (b) with the consent of the Mini.ster from any other source. 1987. (2) The power to borrow under this section may be !xercised (a) to borrow and reborrow moneys by the issue and sale of debentures or debenture stock or other security for th~ purpose of raising the funds of the Authority for the effectual exercise by it of the powers conferred by this Act; (b) to create sud issue debentures or debenture stock or other sec.urity for any debentures or debenture stock or other security issued in respect of moneys previously borrowed by the Authority, and not repaid; (c) to create, issue and sell debentures or debenture stock or other security for the purpose of borrowing money for redeeming any loans owing by the Authority and for paying the expen~es incurred in the issue and 'J!'{'fltiou of the debentures 01" debenture stock 01' other security and otherwise carrying out the provi­ sions of this Act; (d) to effect any concession authorized by this section, either by arrangement with the holders of the existing debentures or debenture stock or other security, or by the purchaser of the debentures or debenture stock or other security out of moneys raised by the sale of the debentures or debenture stock 01' other security. or partly in the one way or partly in the other. (3) Without prejudice the next following section, the power of the .Authority to borrow under this section shall not l)e exercised unless a proposal in w:ritin~ showing (a) the amount and pltrticulars of the proposed loan; (b) the rate of interest to be 'Paid on the loan; No. 26. 146 St. Vincent fend the Grenadines Port Authority 1987. Temporary hrrrowing Gunrm.tec of borrowing of AULllority (c) the source or sources from which the loan is to be obtained; (d) the purposes to which the money proposed to he borrowed 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 Authority may, with the consent of the Minister, from time to time, bovrow by way of a temporary loan or overdraft from a bank Or otherwise, any sum which it may temporarily require-s (a) for the purpose of defraying expenses pending the receipt of revenues recoverable by it in respect of the period of account in which those expenses arc; (b) Io r the purpose of defraying, pending the receipt of money due in respect of any loan autho rized to be raised under subsection (1) of section 26, expenses intended to be defrayed by any such loan. 28, (1) "Vith the approval of the House of Assend11y Cabinet may guarantee, in such manner and on such cuudi­ nons as it may think fit, the payments of the principal and interest of fu"1y authorized borrowing of the Authority, (2) Where Cabinet is satisDed that there has been default in the payment of any principal money; or inte: est guaranteed under the provisions of this section, it shall drect the repayment out of t}:lC Consolidated Fund cf the amount in respect of which there lies been such default. (3) The Authority shall make to 1110 ACcountant General at such times and in such manner as Cabinet may direct, pnyncnts of such amouns as mav be so di-cctcd in or towards repayment of any sums issued in fuHHmcnt of any Q'uflnm'ee gil'en under this section, and navments of interest on what is 011 :stanc1hw for the time being in resncct of anv snr-is so issued at snell rate as Cabinet may di~crt. and difterent rates ofintercst mal' be directed as rerrards different sums and as regards interest for different periods. No. 26. 147 St. Vincan t nnd the Grenadines Port Authority 1987. 20. T11C Authority shall establish a Reserve Fund which 811a11 be dealt with and applied in accordance with any direction which may from time to time be given to the Authority by Cabinet. 30. Any balance at the end of the financial year result­ ing from the activities carried on by the Authnrity under this Act which is available after making full allowances for matters enumerated in section 24, and having a reasonable reserve for functions of the Authority, in future fin8ncial yea-:,-s,shall be paid to the credit of the Consolidated Fund. 31. (1) The Authority shall cause to be prepared every year estimates of expenditure and revenue in respect of' the ensuing financial year and shall adopt such estimates in respect of that year. (2) Supplementary estimates may be adopted at any meeting of the Authority. (3) A copy of all estimates of revenue and expendi­ ture in respect of the financial year and supplementary estimates in respect or that year shall upon adoption by the Authority be sent to the Minister. Reserve Fund Application of Surplus Estimates in respect of . financial year 32·. (1) The Authority shall keep proper accounts of its Accounts transactions to the satisfaction of the Minister and a state mr-nt of accounts shall be kept and made up in respect of each financial year. (2) Tl,c st.atement of ar001111t.::: in respect ofench .financial year s11a11 p"080nt. a true and fair view of the flnanc'al position ~f: the Authority and of the results for the financial year to which it relates, of the operations of the Authority, 3~. (1) T11c aCC011'11S of t1,O Aufhoritv S11811 be audited Audit in e"ch flnancial vear by a qualified accountant appoirated by the .Authocijy with the approval of Cabinet, (2) Tlle Cormeil officers and servants of the Author:ty shall g-rant 1:0 the Accountant appointed to audit the accounts undor 1311 b8or+ion (l) all books, deeds, eontraets, accounts v011c11('-s or other documents which he may deem neeessarv to call for. and may require anv "person holding or accountable for any such document to appear before him No. 26. 148 St. Vincent and the Grenadines Port Authority 1987. Alleountant'l Report Report Liability tor loss, etc. ot goods ~--------------~-- .. --, and make a signed statement in relation thereto and may require from such person such information as he deems necessary. (8) Any person to whom a request to produce a document or to enter an appearance and make and sign a statement or furnish information, fails without reasonable excuse to comply with such requisition commits an offence under this Act and is liable on summary conviction to a fine not exceeding' five hundred dollars or to a term of imprison. ment not exceeding three months. 84. Such accountants shall as soon as practicable and not later than three months after the accounts have been submitted for eudit, send an audited statement of account" and their report in respect of their audit tor the financial year to the Authority. 35. (1) The Authority shall as soon as practicable and not later than one month of the receipt of such accounts land report as provided in section 34 submit a report to the Minister containing (a) a statement of such accounts of the Authority i (b) an account of the activities of the Authority during' the preceding financial year in such form as the Minister may direet. (2) The Minister shall cause a copy of the report together with a copy of the audited statement of the accounts and theuuditors report thereon to be laid on the table of the House of Assembly at the meeting of the House or Assembly next after the receipt thereof. 36 (1) Subject to the provisions of this Act or any regulations or or any contract, the Authority shall not be liable for the loss, misdelivery or detention of or damage to goods (a) delivered to or in the possession of the Author. ity, otherwise than for the purposes of carriage 1':nd wat'ehouRin~ except where sneh loss, mis­ delivery, detention or damage is caused by want of reasonable foresight and care on the No. 26. 149 St. Vincent and the Grenadines Port Authority 1987. part of any person employed by or on behalf of the Authority; (b) accepted by the Authority for carriage or ware. housing where such loss, misdelivery, detention or damage occurs otherwise than while 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: (2) The Authority shall in no case be liable ior loss, misdelivery, detention or damage arising from (i) act oif Gad: (ii) ad of war or the Queen's enemies; (iii) arrest or restraint of princes or rulers or seizure under legal process; (iv) act or omission of the consignor, consignee, or depositor 01" of the servant or agent of any such person j (v) fire, flood, tempest, riots, civil commotion, strikes, lock outs, stoppage or restraint of labour from whatever cause, whether partial or g-eneral; (vi) inherent liability to wastage in bulk or weight, latent or inherent defect, vice or natural deterioration; (vii) deficiency in the contents of unbroken pack. nges; (viii) insufflcieney or improper packaging or leakage from defective drums, containers or packages. (3) Where loss, misdelivery, detention or damage occurs in relation to goods accepted by the Authority for carriage or for warehousing the limitation contained in section 46 of this Act shall apply. 37. (1) The liability of the Authority in respect of any Limi~at~o~ goods accepted by tl;e Authority for carriage or warehousing" ,{ i'Ub]1J~Y and in relation to which an account false in any material whC:reofil:ee., particular hall been given under section 48 of this Act, shall account is given No. 26. 150 St. Vincent end the Grenadines Port Autliority 1987. Dues and charges when due Dues and charges in respect of shit) Appointment of A::;:ent Security charges not in any case exceed the value of the goods as ealcnla.' ed in accordance with the description contained in such false account. (2) In any proceedings broucht under section 36 of this Act, against the Authority. it shall not be necessary for the person claimng damages or compensation to prove how the loss, misdelivery, detention Or damage to goods was caused. PART V DUES, CHARGES AND TARIFF BOOIe 38. All dues and charges payable under this Part shall be paid at the time specified in the regulations in relation thereto and where no such time is specified any dues and charges shall he paid on demand; all dues and charges shall l.e (~,;emc(l to have been demanded ['.-11c1: fall due in accordance with the regulations. 39. Subject to the provisions of this Act and any regu­ lations made thereunder, eve-ry ship which (a) enters a port for the purpose of loading or discharging cargo or embarking or disembark­ ing' passengers; or (b) occupies an anchorage or berth within the port shall pay to the Authority the dues and charges in respect of such ship and for any service performed 01' facility provided in respect of such ship in accordance with the regulations under this Part. 40. Every ship shall appoint an agent who shall be responsible for the payment of the dues and charges without prejudice to the recovery by the arrent from the master or owner of the ship of such sums paid on behalf of any such ship. 41. An agent who intends to incur a linbilitv in respect of an:r of t]le sums mentioned in section 39 may denosit with the Autb ot-itv. or gua'rantpc such smms which a.re in the opinion of the Authority reasonable, havin'! rerrard to the arn01111t or probable amount of the sums which such agent shall be liable to pay to the Authority. No. 26. 151 St. Vincent and the Grenadines Port Authority 1987. 42. (1) Where any sums mentioned in section 4.1 are owing in respect of any ship, any authorized officer may with sucll assistance as he deems necessary enter such ship and may arrest the ship and the tackle, apparel and furniture thereof, and may detain it until the said sums are paid. (2) Where, after such arrest, such sums remain un­ paid for w period of twenty-one days the authorized officer may cause the ship and tackle, apparel and furniture thereof arrested to be sold, and out of the proceeds of such sale he Rhall retain the amount necessary to meet the expenses of the detention and sale thereof and shall after paying the amount of any sums which are owing to the Authority, deliver the balance to the agent. (3) Where any ship, in respect of which the Bums mentioned in section 38 are owing and have not been secured as provided in section 41 leaves the port and enters or is in any other port, then such ship may be dealt with as if such sums so owing and not secured as aforesaid were sums owing in respect of such other port. 43. Before the master of any ship in a port shall obtain outward clearance from that port he shall first obtain from an authorized officer a certificate stating that-> ea) all dues and charges in respect of the ship and all penalties and expenses to which the ship and lwr master- are liable under this Act or rezulations have been paid or secured to the satisfaction of the authorized officer; (b) he has complied with the provisions of this Act and the regulations. 44. The Authority may. subject to this Act and any regulations made thereunder, determine Detention by authorized officer Master required to obtain eertificate of lluthorized officer belore requesting clearance Power to dctermlne eondlbions and rates of carrittlte OJ" wn1"e­ housing Nu 2G. 152 St. Vincent and the Grenadines Port Authority 1087. Port 'Manager may retain goods until freight is paid (a) the conditions upon which goods shall be curried or warehoused and different condi­ tions may be determined in different cases; (b) the charges for the carriage 01' warehousing of goods by the Authority and for any other service or facility performed or provided by the Authority. 45. (1) Where the agent of a ship from which any goods have been landed at a }lort and hceepted by the Authority for carriage or warehousing or for delivery to the consignee, notifies the Port Manager in writing that, the freight Or other charges payable to the 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 refuse delivery of them to the consignee or other person until.c; (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 sueh amount signed, or purport­ ing to be signed by or on behalf of the agents ; or (c) the payment of such amount by the person entitled to take delivery thereof. (2) Where the port Manager caused to be delivered any goods in respect of which a notice has been given under subsection (l )01 this section to a person producing such receipt or release, or making such payment. as is referred to in paragraphs (h) or (c) of that subsection, the Authority shall be freed from all liability to any person in respect of the goods. (3) Nothing in this section shall be construed as requiring any person to take into custody of' the Authority any goods which would not otherwise be receivable by the Authority under the provisions of this Act or any regulation or as requiring the Port Manager to inquire into the validity of any claim made for freight or any other sums made in any notice given by an agent under subsection (l) of this section. No. 26. 153 'st. Vincent and the Grenadines Port Authority 1987. 46. The consignor of, or the person tendering any goods for carriage or warehousing by the Authority the consignee of, or person receiving any goods which have been carried or warehoused by the Authority shall be liable in accordance with the regulations under this Part for tl-e charges of such carriage or warehousing and any other services performed or facility provided in respect of the goods by Authority. 47. (1) The consignor of, or the person tendering any goods for carriage or warehousing by the Authority and, on request by an authorized officer, tl;e consignee of, or person receiving any goods which have been carried or warehoused by the Authority,shall deliver to the authorized officer the docu­ ments as prescribed in the regulations under this PHt to enable such officer to determine the charges payable in respect of the carriage or warehousing or any other service performed or facility provided in respect of the goods. (2) An authorized officer may, for the purpose of verifying the documents delivered under subsection (1) require such consignor, person or consignee. as the (lase may be, to 1'lermit him to examine such goods. (3) If such consignor, person or consignee fails to deliver the documents referred to in subsection (1) or to permit such g;oods to be examined as required in subsection (2), an authorized officer mruy, in respect of the goods which are tendered for carriage or warehousing by the Authority, refuse to accept the goods for such carriage or warehousing 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 warehoused by the Anthority, any document delivered under subsection (l) is found to be false in any material particular with respect to the description of any goods to which it purports to relate, an authorized officer may refuse to deliver such goods unless in respect or warehousinz or carriage of the goods, a charge not exceeding double the highest charge payable for any class of goods is paid. 48. (1) In respect of all goods in custody of the Authority, an authorized officer is entitled to levy such charges as may be determined in accordance with the regulations made under this Part. and he may do all such reasonable acts and Conaipor or Consignee liable for payment ot carriage or warehouain~ Duty t. deliver; descriptio of ltooc1l Authorized o1Iieer'll power to levy ehariea. oto. No. 26. 154 St. Vincent and the Grenadines Port Authority 198i. Effect of! non-removal of zcoda Application of the proceeds of sale incur such reasonable expenses as are necessary for the proper custody and preservation of the goods, and the Authority shull have a lien on the goods for such charges and any other expenses and shall be entitled to seize and detain tne gooua until such charges are fully paid. (2) Subject to the provisions of this Act, where there are any outstanding dues or charges pursuant to subsection (1), the Authority may, atter thirty days, sell the goods pursuant to the provisions of this Act and any regulations made thereunder. 49. (1) Subject to the provisions of this section and without prejudice to the provisions of section 4.8 where any goods except perishable goods are in the custody of the Authority and are on any premises of the Authority are not removed therefrom within a period of fourteen days from the time when the goods were placed in or on such premises the Port Manager shall cause such goods to be transferred to the Queen's Warehouse and where goods cannot be stored at Queen's Warehouse and remain at the Port, excess storage will incur. (2) Where the goods under this section, or section 48 are perishable goods, the Port Manager may direct their removal within such shorter period, not being less than twenty-four hours alter the landing- thereof as the Port Manager thinks fit and he may sell the goods without giving the said notice but shall soon as practicable inform the owner or such other person appearing to be entitled thereto, of the action that has ben taken. 50. The proceeds of any sale under section 48 or 49 shall be applied by the Authority as follows, and in the following order (a) in the payment of any duty payable in respect of the goods; (b) in the payment of the expenses of sale; (c) in the payment of the sums due to the Author· ity , in respect of the carriage or warehousing and 011101' service performed or facility provided in respect of the goods; (d) in payment of f"eight and other claims of which notice under the provisions of this Act has been given No. 26. l55 St. Vincent and the Grenadines Port Authority 1981. and by rendering the surplus, if any to the owner or person entitled thereto on demand and if no such demand is made within one year from the date of the sale of the goods, by paying the surplus into the funds of the Authority where­ upon all rights to the same of such person shall be extinguished. 51. (1) Subject to the provisions of this Act, the dues conditions and charges for the carriage or warehousing of goods and fo"!" any other service or facility. performed or provided by the Authority when determined, shall be in the form of regulations, and shall be first submitted to the Minister for approval. (2) Such regulations shall have effect from thedate of such publication or from such later date as may be specified therein. (3) Subject to the approval of the Minister, and witllout prejudice to subsections (J) and (2) of this section the regulations shall be deemed to have been made and be embodied in theTariff Book as provided in accordance with subsection (4) of this section. (4) The Authority shall cause to be prepared and published in such manner as it may think fit--a "Tariff Book" containing all matters which under this Act or any regulation are required to he contained therein, together with such other matters as the Authority may determine. PART VI PILOTAGE Compilation of dues, cha rl;~8 nnd Tariff Book 52. (l)The Ports in th is .Act shall be compulsory Compulsory pilotage Ports and all ships other than exempted ships, navi- pilotage gating whether by entering, leaving or moving within the limits thereof IiIhaH be under the pilotage of a licensed pilot. (2·) For the purposes of this section the following ships are exempted ships : (a) ships belonging toRer Majesty; (b) ships owned or operated by the Authority; (c) pleasure yachts or fishing vessels: 156 No. 25. St. Vlneent and the Grenadines Port Authority 1987. . (d) ferrying boats plying as such exclusively within the limits of a port; (e) ships of less than 180 tons net register; (:f) ships trading exclusively between ports and other parts of the State; (g) tugs, dredges, barges or similar vessels whose ordinary course of navigation does not extend beyond the limits of the State. (3) 'fhe Port Manager may exempt from compulsory pilotage any ship in any particular ease. Authority to employ pilots 53. (1) Subject to the provisions of this Act, the Author ity may employ such number of pilots as it deems necessary Or expedient for the purpose of providing an adequate and efficient pilotage service. (e) (c) (a) (b) Cd) holding examinations and issuing, on behalf of the Authority, licences to act as an Authority nilot : holding inquiries concerning the conduct of Authority pilots in the discharge of their duties ; making such arrangements lUI may be neeessary for the training ox persons Relected for or in the pilotage sc':'vice of the Authority; investigating and advising on such matters as may be referred to the Committee by the Authority; and. carrying out Buell other functions as are eon­ ferred on the Pilotage Committee by this Act. 55. (1) The Pilotage Committee shall consist of-· (8.) the Port Manager who shall be the Chairman of the Committee; and (2) No person shall be employed a.s an Authority pilot unless he is in possession of a valid licence to act as It pilot issued under the provisions of section 57 of this Act. 540. The Authority shall appoint a Pilotage Committee which shall be responsible for the purpose of regulating and administering of: Constitution of Pilotaltl'J Committee Appointment of funetioull of the pilotage Committee No. 26. 157 Bt. Vincent and the Grenadines Port Authority 1987. (b) four other persons who by reason of their knowledge of or experience in nautical matters, are, in the opinion of the Authority, fit and proper persons to be members of the Com­ mittee. (2) The appointment of a member of the Pilotage Committee may be for any period not exceeding three years but such member shall be eligible £'01' re-appointment on completion of every such period. (3) Three members of the Pilotage Committee shall form a quorum at any meeting of the Committee. (4) The Chairman of the Pilotage Committee shall preside at all meetings thereof; Provided that if the Chairman is absent from a meeting or any part thereof, such member as the members of the Pilotage Committee present shall choose, shall preside in Me place. (5) The Chairman or member presiding at any meet­ ing of the Pilotage Committee shall have a vote and, in the case of an equality of votes, a second or casting vote. (6) Members of the Pilotage Committee who are not employees of the Government or of the Authority may be paid, out of the funds of the Authority, such fees and allow. ancesas the Authority may from time to time determine. 56. Subject to the provisions of this Act, the Authority RulelJ may, from time to time, make, vary or revoke rules for the purpose of regulating the meetings and proceedings of the Pilotage Committee, 57. (1) The Pilota1!c Committee shall appoint an Examination examining board composed of persons, who in the opinion of for Ileence the Pilotage Committee have sufficient knowledge and exper ience to assess the qualifications of candidates for a pilotage licence. (2) The examining board ahall operate under the direction of and shall renort to the PHotngc Committee as the Pilotage Committee shall direct. No. 26. 158 St. Vincent and the Grenadines Port Authority 1987. . (3) The Pilotage Committee, through the exarmnmg board, shall examine candidates for employment by the Autllority as pilots upon being- satisfied as to a candidate's general fitness and competency, including physical fitness to act as such pilot, maiY on behalf of the Authority issue to the candidate a licence to act as such pilot and such a licence shall contain such conditions as the pilotage Committee deems fit. (4) Subject to the provisions of this Part every pilot immediately prior to the coming into operation of this Part performing the duties of a pilot, shall be deemed to be qualified for employment by the Authoritv, as a pilot and the Pilotaze Cor-mittee shall, on behalf of the Authority, issue to every such pilot 11S may be employed by the Author-itv a licence to act as an AuthorHy pilot subject to such conditions as the Pilotage Committee may impose. E:n~"y AntJ,o"ify pilot ~J1(11t wl1e~'ll1yer the Pilot­ age Committee eonsidrs that, owing to changed conditions or for any other sufficient reason. the further testing of the knowledge, efficiency or physical fitness of any such pilot is necessary, present himself for ftrrther examination, and shall in every such case first deposit with the Pilotage Committee his licence, issued by the said Committee on be11alf or. the Authority to be returned or cancelled by the said Committee on behalf of the Authority as the result of such test or examin­ ation determines. (6) The Authority shall not continue to employ as 8 pilot any pilot whose licence to ad as such is cancelled as the result 0·£ any test or examination carried out or held under the provisions of subsection (5) of this section. (7) Any licence issued under the provisions of' this Ilection shall cease to he valid unon the termination of any Authority pilot's employment with the Authority. Enquiries by PilotalZe Committee 58. (1) When the Pilorbag'e Committee, after due inquiry by the Authority shall hold an inqui"Y into the conduct of an Authority pilot where it appcara that he has been guilty of misconduct affecting his capability as a pilot or has failed in or neglected his duty as a pilot or has become incompetent lo act as a pilot. No. 26. 159 St. Vincent and the Grenadines Port Authority 1987. (2) For the purposes of such inquiry, the Pilotage Committee may Summon any person in the State to attend any meeting' of the said Committee to give evidence on oath or produce any document or other thing in Us possession and to examine him as a witness or require him to produce any document or other thing in his possession relative to the matters which are the subject matter of such inquiry. (3) Any person who (a) being summoned to attend nnv such inquiry, fails to do so: (b) offers any act of disrespect or any insult OT threat to the Pilotage Committee or any member thereof during an inquiry; or (c) being required by the Pilotage Committee to give evidence on oath or affirmation or to pro­ duce a document or other thing, refuses to do so, commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars or to a. term of imprisonment not exceeding three months. 59. (1) Where the Pilotage Committee, after due inquiry in accordance with the provisions of this Part and after hear­ ing any statement that may be offered in defence, finds that an Authority pilot has been guilty of a misconduct affecting his capability as a pilot or has failed in or neglected his duty as a pilot or has become incompetent to aetas a pilot, it shal] submit to the Authority a copy of the record of the inquiry and its findings and recommendations in respect of the inquiry. (2) The Authority may, niter considering the find­ ings and recommendations of the Pilotag-e Committee, suspend or cancel the licence of such Authority Pilot, or impose such other punishment as the Authority may think fit. (3) Any Authority pilot who is ag~rieved by any decision of the Authority made under the provisions of sub­ section (2) of this section may, within fourteen days from the date of such decision, a:lipeal to the Minister whose decision shall be final. Submission of Pilotage Committee's findings and recommenda­ tions to Authority No. 26. 160 St. Vincent and the Grenadines Port Authority 1987. Liability of the master or owner in the <lase of a ship under pilotage LimitatioIlll of nilot '3 liability when bond is given 60. 'I'he master or owner of a ship navigating- in circum­ stances in which pilotage is compulsory shan be answerable for any loss or damage caused by the ship or by any fault of the navigation of the ship in the same manner as it. would if pilotage were not compulsory. 61. (1) An Authority pilot who has given a bond in accordance with subsection c:nof this section shall not be liable for neglect, want of skill or incapacity in office beyond the penalty of such bond, and theamoUl1t payable to the 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 one thousand dollars in favour of the Authority for the proper performance of his duties under loUr; part and of any regulations. (3) Any bond by an Authority pilot in accordance with this section shall not be liable to stamp duty. (4) Where any proceedings are taken against any Authority pilot for any neglect, want of skill or incapacity in office in respect of which his liability is limited as provided by this seetion.vand other claims are made in respect of the same neglect, want of skill or incapacity in office, the Court in which such proceedings are taken may (b) (c) determine the amount of such pilots liability and, upon payment by him of such amount into court, distribute such amount rateably among the several claimants; stay any proceedings pending in any other court in relation to HIe same matter; and proceeding in such manner and subject to such directions as to makinR' persons interested parties to the proceedings, and as to the exclusion of any claimants who have not sub. mitted their claims within a certain time, and as to requiring security from such pilot, and as payment of any costs as the court thirrks fit. No-. 26. 161 St. Vincent and the Grenadines Pert Authority' 1987. 62. (1) Notwithstandin~ the issue of· the licence to a pilot by a Pilotage Committee on behalf €If the Authority under section 57, there shall be no liability on the Pilofu;ge Committee or the Authority for any loss or damage occasioned by anaet of omission or default of aaid-pilot. (2) Any Autnority pilot whilst eng;8Iged in any pilot­ age act shaH, notwithstanding that he may he employed at a salary by the. Authority., l:e deemed to be the servant only of the master or owner of the vessel unde.r pilotage and the Authority shall not be liable f0r any loss or damage occasi<med by any act, omission or default of sneh pilot. 63. (l).Any proceedings affectin~ Authority pilots uuder: this" Act or any regulations shaH be determined by a Judge of the lIigh Court and such Judge &hall cnll lTpOll two persons with nautical experience. to sit with him as assessors in any meh proceeding. (2) The High Court shaU have' l'1O'wer to ~eguJl'tte any proce.edings: which ha:ve been referred to it lmaer' tIii'!f section. PART VI! SPECIAL PROVISIONS IN, RELATION TO PORTS Pilotap Committee and Authority not JiabIlt' for loss or dama2'11 oeeall1.o1l.ed by Dilots Proeeeding. in rcstlcct of pilot 64. The master of any ship 8.rrivin~ in a. port shall pro- Master to duce to an authorized offic.er- ~o~tiOD (a) the ship's register and the ship?s papers; C'b) a list of the passengers, if any, showinS particulars of their sex and occupation; (e); a list showiug the deaths; if any. which have occurred during the :voyage j (d) a .Iisf showing the stowaways, if any. 00 this ShIP; and shall also supply such other information in relation to t.fre ship,. passengers and cargo thereof, as such officer may re~on:a:bly require. No. 26. 162 St. Vincent and the Grenadines Port Authority 1987. Power O.t Port Manager in relation to ships Power in respect to wrecks" etc. 65. (1) Notwithstanding the prOVISIOUS of any regula­ tions made under section 72 of this Act the Port Manager may (a) direct where any ship shall be berthed, moored or anchored and the method (i)f anchoring within the port and the approaches to the port; (b) direct the removal of any ship from any berth, station or anchorage co another berth. station Or allchorageand the time within which such removal is to be effected within the port and the approaches to 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 or of any failqre to comply with any direction given under subsection (1). the AuthorIty may, without prejudice to any proceedings being instituted against any person cause to be done all such acts as are in ita 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 be paid and borne by the person or perS'OI1S so offending. 66. (1) The Port Manager may (a) remove any wreck in or other obstruction to a port or its 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 navization of the port or the use of any dock or wharf therein; (h) in the case of urgent necessity take any action in a port which in his opinion may be necessary to prevent any danger to 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 performaaee of any duty under this Act or any regulation or if he has reasonable grounds for believing that an offence against this Act or any reg-ulation has been or is about to be committed. No. 26. 163 St. Vincent and the Grenadines Port Authority 19S7. (2) The owner of any wreck or otherfhinz removed by the Port Manager under the provisions of paragraph (a) of subsection (1) of this section shall, without prejudice to any other action which may be taken against him. be liable to pay the reasonable expenses of such removal, such wreck or other thing shall be detained by the Port Manager until such expenses and customs duties, dues or charges payable in respect thereof are paid, (3) Where any wreck or thing is removed under the provisions of paragraph (a) of subsection (1) of this section and the expenses of removal have not been paid within seven days of such removal, the Port Manager may cause such wreck or thing to be sold by public auction and shall out of the proceeds of sale retain the amount necessary to meet the expenses of such removal, detention and sale and any customs duties, dues or charge payable in respect thereof and shall return the balance, if any, to the person appearing to him to be entitled; and in the event of such a wreck or thing having no resale value '01' cannot be sold then the Port Manager may take such actions as he deems necessary to dispose of the wreck or thing and the owner of the wreck or thing shall be responsible to meet any expenses of such removal together with any customs duties, dues or charges payable in respect thereof, (4) Where a ship has remained anchored in Port or stationary in Port fora period of six months or more, the .Port Manacer may serve notice on the owner or agent to remove the shin from the Port. (5) The notice served under subsection (4) shall give the owner a period of two months from the date of the notice within which to remove the ship from the Port. (6) Where the ship in respect of which the notice under subsection (4:) has been served bas not been removed from the port in compliance with the notice, the Port Manager shall deem the ship abandoned and he may take such action, including the sinking of the ship in a safe plaice, as he deems necessary to dispose of the ship, (7) Where a ship has been disposed ef pursuant to subsection (6) the owner shall not be entitled to any com­ pensation for loss, if any. (8) Subsections (4) (5) and (6) shall not impose aIiy restriction on the .Port Manager in the exercise of powers conferred under subsections (I), (2) and (3). No. 26. 104 St. Vhlcentttnd the Grenadines Port Authority 1987. Fire on board ship Aecidenb 67. (1) In theevent.o·f fire breakin~ out on board any !'ihip in the port, the Port Managermu[V proceed on board such ship with such assistance and persons as to him seem fit, and givesuehorders as to him seem necessary for scuttling such ship, or for removing such llhip or any other ship, to such places as to him seem proper to Prevent in eithercase, danger to other ships andfoT the taking of any other measures that appear to him expedient for the protection of life or property. (2) If such orders are not forthwith carried out by the master of such tiliip the Port :Manager mayhimselfproceed to carry thlilminto ('tr~t. '(3) .Any expenses incurred in the exercise ljf tL~ poweraconferred hysubsections (1) and (2·) of this section shaUbe recoverable from the master or-owner of the shill concerned as a civil debt. 68. (1) Where any Mcidentoec1.1!'S in anyoort. then if that accident (a) is attended, or is of a kind usuallvattended with loss of human life or withserioas injury to person or property; (b) involves any collision betweenshlpa: (e) is of such other kind as the Minister may specify, the Port Manager shall, as soon as practicable, give notice or the occurrence of the accident to the Minister. (2) The Port :M:ana~er may order such enquiry into any accident which occurs in any port as he may think fit and shall order such enquiry as the "Ministe"l' thinks fit into any such accidents when so required by the Minister, (3) The Port :Manager shall submits. report onany accident inquired intoscttin~ out,interalia, the probable ('.aUM of such acrident and the steps if any., which have been taken or nil has directed sr"a,ll be taken with a view to avoidin~ a repetition thereof. (4) The Port Manager shall make to the Minist.era return, in such form and at such intervals as the Minister may direct, of all aceidents.coocurring in any port, whether or not such accident is attended with injury to any person, No. 26. 105 St. Vincent and the Grenadines Port Authority 19R7. 69. The Autho"ity shall net be liable for any demurrage Liability which may occur or be due ouany ship, however such d for emurrage demurrage may have been caused. 70. (1) All acts, orders or direction under this Part or :1"egulwtions thereunder authorized to he done or given by a particular nfficerof the.Au.thority may be done or given by any other officer 0.£ the .Authority 3.utholrized in writing in that behalf. Execution of orders (2) Any persouantuorized to dOll.Ilysuch act may call to .hisaidsr.eh asslstanceas is necessary. 71. The Authority shall not be liable for an.v act, omis- Non-liability sion or dQfault of the Port Manager. Port Authority 72. (1) The Authority may, with. approval of the Rcp;ula.tionll Minister, make regulations generally with respect to the maintenance, Control and managemento! the port and the approaches thereto, the services performed, the Iiaht houses and other facilities p-rovided by the Au.thority, and for the maintenance of order on any premises used by or for the purposes of the .Authority, Or in any ship or vehicle used by or for the purposeeof the Authority, and for the carrying out of the provisions of this Act, and without prejudice to the generality of the foregoing, may (a) make regulations with respect to U} the proper control and management of the foreshores of any port and the entrances thereof, the prevention and removal of obstruc­ tions therein and the re.gulation of any work service 01" fa'Cility performed Or provided tlH~reat ; (ii) thecont~ol vf all persons .and vehicles on ~ny such premises, the maintenance 0'£ order there­ On and the admission or exelusion of persons i.'hcrcfl'om and the char.~es.if any, to be made for snch admission; (iii) regulating, controlling and prohibiting the ~o. in~ oromissiou of any thing or class of thing within thebonnda'l.'ies of the port 01' any specified part or parts of. the port either. at all times and on all occasions or at. any time or times or on any occasion or occasions; No. 26. 166 St. Vincent lind the Grenadines Port Authority 1987. -'. (iv) (v ) (vi) (vii) (ix) (x) (xi) the regulation, restriction and control (with­ out prejudice to tllC conduct of navigation) of the depositing of any substance, solid matter, article or thing' polluting or likely to cause pollution of the waters of any port; tlHol regulation of traffic and navigation of ships within the limits and approaches to a port and all matters relating to the protection of life and property; tbe rezulation of the mode and place of moor­ inz, anchoring, and berthing of ships and their removal from a mooring, anchorage or berth, and the time within which such removal shall be effected; the protection of ships and cargoes, and the removal, destruction, sale Or abandonment of ,,',";::,:<:7.'0(1 ao,:l 1.,1,,,,',1' C;l,1:~"(;S and ap'Pu~ tenances which obstruct or are likely to ob­ struct the fairway of any port, the payment of expenses including salvage incurred in con­ nection therewith and the levy and recovery of a rent for the right of a hulk or wreck or wreckage to lie in any port: the examination, Eeensing, dutles and oblb:a­ tions, and the conduct and discipline of pilots and the charge to be paid for pilotage ; the regulating of the times, places, order and mode of shipping, unshipping, loading, ware­ housing, storing and the depositing of goods; the fixinf! of dues and charges payable in respect of any ship, including Harbour Master's dues, with different charges being applicable in respect of different shins or classes of ships, the exemption or the remission thereof or part thereof: the fixing of the charges payable in connection with the carriage or warehousing of goods and Tor any service or facility performed or pro­ vided by the Authority, the exemption from payment, Tefund 01' remission thereof; No. 26. 167 St, Vincent and the Grenadines Port Authority (xii) the fixing of the scale of charges payable ill respect of any other service or facility per­ formed or provided by the Authority; (xiii) the method of sale of goods for failure to pay dues or charges j (xiv) the licensing of shipping agents, customs brokers, landing agents, forwarding agents, baggage and parcel agents, porters, contractors for supplies and victualling, and other persons concerned in or engaged in Or performing any service or work in connection with the port. 1987. (2) 'I'he Authority shall, with the approval I)f the Minister, make regulations genera11y for the conveyance, load­ ing, discharging and storage of dangerous goods within the Iimits of port, and without prejudice to the generality of the foregoing, may (a) make regulations with respect to m the classification of goods as dangerous goods; '{in the regulation of the navigation and place of berthing of ships carrying dange.rous goods; (iii) the regulating and control of land, loading and discharging of dangerous goods; (ivY the prohibition or subjection to conditions and restrictions of the conveyance of any kind of dangerous goods with any other kind of goods articles or substances; • (v) the prohibition of the loading or discharging of dangerous goods at places within the eon­ trol of the Authority in cases where such load. ing or discharging appear specially dangerous to the public; (vi)' the fixing of places and times at which dangerous goods are to be loaded and the Quantity to be loaded or discharged at any one time; No. 26. 168 St. Vincent and the Grenadines Port Authority ,1987. (vii) the rCg'ulationof the mode and the precau­ tions to be observed in conveying or keeping dJangeirous go,odsand in the loading or dis­ enarging' of the same; (viii) the protection, whether by means similar to those abovementioned or not, of persons and property from danger generally. (3) Subject to the provisions of any enactment relating to merchant shipping, the Authority may, with the approval of the Minister, make regulations with respect to (a) the taking of measures for the prevention of ships leaving any port if overloaded, im­ properly loaded, improperly found, insuffi­ ciently manned or without Qualified officers or engineers or with it number of passengers in excess of the number that can be carried with reasonable safety; (II' if otherwise unseaworthy; but no actions taken by the Authority pursuant to these regulations shall be deemed to be a warranty of seaworthiness by the Authority; (b) the examination, certification and licensing of masters, mates and engineers of tuzs conduct­ ing ships in and out of ports, dredges and light eraft, and the licence fees payahle in respect thereof; (c) the inspection; licensing, rcg-istratii:m or certifi­ cation of ships, ferries, tugs, launches, hulks, ferry boats, or other craft. the charges to be paid thereof 'and the number of passengers. (4) The power of the Authority to make regulations under this section in relation to any matters, shall not be construed to he in conflict with or as derogatory from any ether powers' conferred upon any other person under this Act or any re~ulation to make provisions in relation to any such.matter in any different manner. (5) Regulations may provide that any breach of contravention of any such regulations shall be punishable on summary conviction by a fine not exceeding five hundred dollars or bya term of imprisonment not exceeding three months or by both such fine and imprisonment. No. ;ZU. 169 St. Vinceutand lh£l Grenalilin~BPort Authority 'l!>S7. (6) All ,regulations made under fhis Act shal~ be fl"rtbj.'ect to negative resolution of the Houseof AssemhLy ~Vlthin ..ix \veeks.. (7) Neither tl1'8 Authority nor the Port lfanager, r:0l' any employees, servants, officers or agents or t.heAuthor~ty shall be Hable at law for anv act earned out In good faith pursuant totllereg1l'1ations:made under this Act. PA HII' YIII ~PROV1STONS REh,l.TINGTO OPFENCES 73. Any person who damages or in any wayintereferes with any lighthouse, buoy, beacon or' other property of the Authority in such manner as ito endang-cr,or as mig'h't endanger the lne Or any person, commits an offence and is liable on conviction to imprisonment 'for a term not exceeding ten years. 74. .,Llnyperson who, while on ~uty or laWfu1~y employed 011 any preinises of the Authority or upon any ship or vehicle of the Authority, endan~era the safety of any other perscn-s (a) by contravening any of the provisions of this Act or of any regulations; or (b) by contravening any lawful order, direction Or rule t!'iven to SU"J1 person, or made ill respect .01 his service ;01' (e) by being under the influence of alctih()l; !OT (d) by any rash or negligent act; commits an offence and is liable on .mmma·ry conviction to a finelY~t !exceeding one thousand dollars or to imprisonment for a term not exceeding nine mouth," or to both suehflneand imprisonment. 75. Any person, who, without lawful excuse refuses or ne'g'lccts to obey any direction lawfully j;fiven under section 65 orundter aavregulation made under PART VIII of this Act commits anofl'ence and is liable on summarvconvietion to a fine l1'oteAceeding five hundred dollars or to imprisDnment fora. term not exceedin~ six months or to both such fine and imprisonment. Damaging prouerty likely to enc1anger lif" Persons endangering snfetyof' OPera.tioml Failure to comply l1f\Clcr tlireetiolm ot section '65 etc. No. 26. 170 St. Vincent and the Grenadines Port Authority 1937, ~'a iJure to employ licensed pelot ?Ira stcr '8 f" i l u ro to give inf0 rrn a ti 0 n or giving false information ?\Iaster refusing entrY to ae. thorizcd officer False returns Evasion ot dues and charges Demn nd ing i mm-oper account 76. If any ship is navigated in circumstances in which pilotage is compulsory and such ship is not under the control of a l iccnve d pilot, ihe Master thereof shall commit an offence and is liable on summary conviction to a fine not exceeding five hundred dollars or in default of payment to imprisonment for a term not exceedin j six months. 77. Any muster who fails to comply with the provisions 01' section 61 or gives any information which is false in any material particular, commits an offence and is liable on sunuunry conviction to a fine not exceeding- two hundred and fifty do llars or in default of payment to imprisoument for a term not exceeding three months. 78. Any master, who without lawful excuse refuses to allow the authorized officer to enter his ship in contravention of paragraph (c) of subsection (1) of section 66, commits an offence and is liable on summary conviction, to a fine not exceeding two hundred and fifty dollars or in default of payment thereof to imprisonment for a: term not exceeding three months. 79. Any pe ~SOll \\'Jl(J JIliil:f's, either knowingly or reck­ lessly, any statement which is false in any material particular in any return, claim or other document, which is required or authorized 10 be made under this Act or any regulations, commits an offence and is liable on summary conviction to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment. 80, Any person, who by any means whatsoever eludes or evades any dues or charges leviable under this Act or regulations, commits an offence and is liable on summary con­ viction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding nine months or to both such fine and imprisonment. 81. Any person who, with intent to defraud, demands or receives from any person delivering goods for carriazo or warehousing by the Authority, 01' from any other person mnkin g use of the faciJitie;:: provided by the Authority, any g..cater or lesser amount. t1111n 11c should demand or receive shall. on summary conviction, be liable to a tine of five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. Miscellaneous offences ship or vehicle of the No. 26. 82. 171 St. Vincent and the Grenadines Port Authority Any person who (a) being on any premises, Authority (i) refuses when enllcd upon by an authorized officer, police officer. or security guard to l!iv6 his name and address, or gives a false name and address, for the purpose of avoid­ ing prosecution; (ii) without lawful excuse the proof whereof shall lie on him, discharges any firearm or does anything which may cause injury to any person on such premises, Or UpOll such ship or vehiele ; or 1987. (iii) without lawful excuse contravenes any lawful direction given by any authorized officer , or (b) defaces the writing on a board or notice authorized to be maintained upon any premises of the Authority or upon any ship or vehicle used by the Authoritv : or (c) damages or wi.hcut lawful excuse interferes with any P")T'6~¥ty 01 t~.. !lti';Lority; or (d) wilfully obstructs or impodes any othev.person in L:lC d~l'j(.::ll:1rge or llil:l d~lr.i(;" arising out of hi,. n!~: ploymerr; with the Authority , or (c) g'iv(~s 0:'- Cil~el'G to any other j-orscn money or mOlh',\' 's \,'01'111 101' the purpose of avoiding' pr.Y::jt'n~: :)£ any sum due to the Authority, commits an offence a nd is liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. 83. (1) Any person who commits any offence mentioned in sections 73, 74, or 82 of this Act may be arrested without warrant by any authorized officer, police officer or security guard. (2) Any person who commits any offence against this ..Act or regulations other than an offence mentioned in sub­ section (1) of this section may be arrested by any authorized officer, policeofficer or security guard if (a) there is reason to believe that such person will abscond; or Powers of arrest i'ro. 26. 172 Sit. Vincent and the Grenadines Port Authority 1987. Place of trial POrt 'MllnngeT m3Y confer nower 0:1 officers (b) he refuses on dermmd to give his name and address; or (c) there is reason to believe that the name and address ~ivell by him is incorrect; Provided that, where there is reason to believe that such person will mot abscond, he shall, if his true name and address are ascertained, be released 011 his executing a bond without sureties for his appearance before a magistrate when required. 84, Any person charged with RUy offence against this Act, other than an offence mentioned in section 73 or 79 of this Act, may be proceeded against, tried and punished in any place ba which he may be in ccl'i'.tody for that 'Offence as if the offence has been committed in such place; and the offence shan for the purposes incidental to, or consequent upon, the prosecution, trial or pnnishment thereof. be deemed to be committed in that. place; Provided that nothing herein contained shall pre­ clude the prosecution, trial and. punishment of such person in any place in which, but for t,11P. IlrOV11l1.ol'l'" of t11is seetion, such persen might ha-ve been prosecuted, tried and punished. 85. The Pod. Manager may, by notice in writing authorize any officer or the .Al1thority to. maintain 01'0 er upon any premises used by the Authority or any place in the port, or on any shin or vehicle used by or for the 'Purposes of the Authority, and' any officer so authorized shan, in the perform­ ance of such duty. haTe 1'111 the powers; right.s. privileges and protection of It police officer. PART IX LEGAl! PROVISIONS Notice cbim~ 86. (1) Notwifhstanding anythinr: contained in rmy enactment (a) no person shall be entitled to compensation or damages for non-delivery of the whole of 1lJ consignment of goods, or of any separate package forming part of such consignment accepted by the Authority for carriage or ware Ncr. 26. 173 S,t.. Vincent and the Grenadines Port Authority 1987. hDusin~ unless, a claim in writing, giving such particulars as' may reasonably be necessary is given to the POI1t Manag'er wiJthin six months of the date upon which such goods were accepted by:the ,A: utlwr:t.v. (b), no person shall be entitled to compensation or damages for 'uny goods missing from a packed or unpacked consignment or for misdelivery of, damage 01' d'elay to, or detention of' a:rny g:0crds accepted hy the Authority for carriage' erwane­ housing unless (1), the Port Manager is notified of strch fact in writing within four days 'ofthe date upon which such goods were deliversd to the eonsignee or person entitled to tr.:.;c delivery thereof , and (n) a claim in writing, giving such particulars as may reasonably he 11ecessary, is g'iven to the PQl'It Manager within one month of such date. (2), Wltere the person claircting eompensation or damages proves that it was impracticable for him to notify the Port Manager or to give the Port Manazen his claim as set out in subsection en of thhl section within the times specified therein and that such notification, Qr claim was made or dyen in a reasonable time, notl1in~ in those subsections shal] prejudice the right'. of such perX0Il tOl ahtaiw compensa­ tion or damages; 87. IDere\ af't~> the commencerr'e'ut of' this Act, any LimitntloDl action or other legal proceedings !L"e eO'l1lmenced against the Authority for any aet done- in rJl.N·snl!lrnt~ GIl' execution 01" intended eseeusion of this Act, or 1'1";'l1latimls, or (!)f any public duty or authoipity imposed OT conferred b;w this Act or any regulations, Or in respect of any alleged neglect or default in the execution of this Act sueh regulations Qr. of any such dut;w or authority, tT'e followin« nrovisions shalf have efl'ect notwithstandlnz anything eontained; in any enaetment; tl1at is to say (a) the action or legal proceedings shall not be commenced until :'It lcas1l0ne month after written notice containing- t'lie" particulars of the claim, and of the intention to commence the a:etion 01" legal pl"l'l'c'Cedings. has been served upon, th'a PRrt Manager by tne plaintiff or his agent; No. 26. 174 Ht. Vincent and the Grenadines Port Authority 1987. Restriction Or exeeu tion against property of tho Authority Overpayment; 01" under­ pnvment of dues and char!:es (b) the action or legal proceedinzs shall not lie or be instituted unless it is commenced within twelve months next after the act. neglect or default 01' damage complained of, or in the case or a continuing injury or damage, within six: months next after the cessation thereof. 88. Notwithstanding anything to the contrary in this Act or any regulations or in any other enactment or in regulations made under ,OIly other enactment, where any judgment or order of any Cou-t or any award of an arbitration tribunal has been obtained a'gainst the Authority for or in respect of any­ thing done or omitted to be done under the provisions of this Act, and any regulation, may contract or otherwise for or in respect of the Authority or its purposes (a) no execution or attachment or process in the nature thereof shall be issued against the Authnrit,,:'. but such amounts I1S may by the ;ludgmcI~G or order, be awarded against the Authority shall be paid by the Anthority from its funds to the person entitled thereto. (b) no property of the Authority shall be seized or taken by any person havinz by law power to attach or destrain property. 89. 'Vhere the amount paid in respect of any dues and charges, is found to be in-orrect, then if such amount is (a) overpaid, the person who overpaid any such amount then is entitled to a refund of the amount so overpaid; (b) underpaid, the amount of such underpayment may be collected £1'0;11 the person who made such payment; Provided that, nQit:withstanding anything contained in any enactment such overpayment or underpayment shall not be refunded, or collected, as the case may reasonably be given (a) by the person claiming such overpayment to the Port Manager; or (b) by the Port Managet' to the person against whom the underpayment is claimed within six months after the goods were accepted or the No. 20. 175 St. Vincent and the Grenadines Port Authority 1987. . -. -- . services rendered, as the case may be by the port Authority, so however that where such underpayment is caused by information or description subsequentlv Iound to be incorrect, such period of six months shall commence from the date of the discovery by the Port Manager of the correct information or description. 91. 90. For the purpose of legal liability, the Port Manager and all other employees. servants and officers of the Authority shall he considered public employees and the gene.ral or specific rules of law pe,·'t.aining to leg-al action involving public officers shall apply to them. PART XI TRANSITIONAL (1) Upon the commencement of this s:\ct· \.\) all lands of the Crown, 'whether vested in the Crown itself or any previously constituted Port Authority, within the boundaries of the ports in this Act including the bed and shores vested immediately before the commencement of this Act in the Government of this State are hereby vested in the Authority. (b) all lights, buoys, beacons within the boundaries of the said ports are hereby transferred to the Authority; (c) all warehouses, buildings, machinery, plant tools and other property. including real pro­ perty, associated with the port and operation of the Port. Authorities, and which immediately before the commencement of this Act were the property of Lhe State, or any previously con­ stituted Port Authority, are hereby transferred to the Authority. (2) All rights, privileges and all the obligations to which, immediately before the commencement of this Act, the Government and any previously constituted Port Authority were entitled to or subject to. in connection with operation of the ports [IS provided herein, are hereby transfe-red and conferred or imposed on the Authority for the purpose of this Act. Liability of Port Manager Transfer of asset!! No. 26. 176 St. Vincent and the GrenadinesPort Authority 19S7. Land vested in Authority to be free from municipal rates and ta..'l:es Transfer of. public servants Exemption froll! 1I1come Tax Act No.2 of 1979 Authority mnv f':'Y'ointJ El()curity guards .(3) A reference in any deed, contract. bond or security or any athol' document subsisting immediately before the commencement of th.s against Or in favour of the Government or any previously constituted Port Authority, and dealing with the oporatlon of the ports as described herein, shall have full fo:'ce and effect against or in favour of the Authority and be enforceable as fully and effectually as if. instead of the Government or any person acting' on behalf thereof, the Authority has been named therein and has been a party thereto. 92·, All lands vei·'ed in the Authority at and after com­ mencemr-nt of i his A( t shall be exempt from any rate, tax, or imposition which any local authority shall have power but for this section to Iawfullv levy 01' impose, but nothing herein contained shall preelnden local authority from levying and collecting rates, taxes and other lawful charges in respect of land, houses and bui1din'~s of the Authority leased and occupied for private purposes, 93, (1) The Publie Service Commission may approve the transrerend appointment of an officer from the Publle Service to the service of the Authority or from the service of the Authority to the Public Service. (2) Where a transfer and appointment has been approved under subsection (1) arrangements shall be made by the Government or the Authority to pay to the Government or the Authority as the case may be.jsuchcorrtribution as may be provided for in rules made by the Minister in respect of pensions and gratuities, and any such rules may make provi­ sions in defferent classes or cases. 94. Notwithstanding anythinz C'imtained in the Income Tax Act, 1979, the income of the Authority shall not be liable to Income Tax. PART X II MISCALLENEOUS AND GENERAL POWERS 95,. (1) T11C Authority may, subject to ,standing orders made by the .A uthcrlty and approved by the Minister appoint persons to be Secu,:,ity Guards, such appointments to be made in consultation with the Commissioner of Police. No. 26. 177 St. Vincent and the Grenadines Port Authority 1987. (2) 'I'he Security Guards so apuoruted shall be a supplemental body of police styled "Security Guards". (3) Such standing orders shall provide for the terms and conditions of appointment, with provision for the duties of a Security Guard with special regard to the maintenance of order within the port and the protection and safety of goods and property, and the suspension and termination of appoint­ ment of any person appointed as Security Guard under this section. (4) The Commissioner of Police shall have tke ;;:aneral command and superintendence of the Security Guard. (5) Every member of the Security Guard shall in the performance of his duties have and exercise all the powers, rights, privileges and protection and be liable to the same responsibilities and discipline of a police officer. 96. (1) If any warehouse of the Authority is approved Bonded and appointed under any enactment relating to the customs fOr warehouse the time being in force, the Authority shall goive general security 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) I~~othing in this section shall be taken however to absolve any person who would have been liable to pay duties tor paying- any snr-h duty as he would be compelled to pay in respect of any such goods. 07. Nothing in this Act or the Regutations made there- Operations under sb all prejudice tile operation of any Customs Act or any of customs other Act or Ordinnncn dealinz with Customs, and in all cases Aet of conflict the Customs Act shall prevail. 98. Proceedings for offeneesar-lsinp out of the nrovisions Port of this Act shall be instituted in writing by the Port Manager Manager's or by any officer duly authorized by him in writing. .1iat 99. In any proeeeditl~s for anv offence. the avertment Proof tllnt: snell offence was committed within the limits of fhe port shall be sl1ffil"ient without proof of such limits. unless the contrary is proved. No.2G. 178 St. Vincent and the Grenadines Port Authority 1987. Recovery of sums Monies recovered to be paid into account of the Authority 100. 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 the provisions of this Act may be recovered by the Authority as a civil debt. 101. All fines, compensation, damages, costs or other sums directed to be paid in respect of any offence, proceeding or matter arising out: of the performance of the duties. powers and functions of this Act or any regulations shall be paid into the account of the Authority. 102. Ul)On coming into fOl'ce of. th1S enactment, the Acts set forth in the Second and Third Schedules to this Act are hereby repealed and/or amended as set forth in the respective Schedules. FIRST SCREDUIIE (Sec. 3) DES{)RIPTIONS OF PORTS PORT OF KINGSTOWN Land All those jettys, Wharfs or berths known as; (a) Inter-island Jetty or Grenadines Whal'f (b) Schooner wharf in front of the St. Vincent Marketing Corpora­ tion Depot (e) The land lyin~ west of the Queen's Warehouse and bounded as follows: North by the South River East by a sea wall in front of the Queen's Warehouse South by the Schooner Wharf West by the sea (d) The container Park and shown as Exhibit I in a report on Project No. 253111077 dated August 11', 1985 by Novaport for eIDA on behalf of the Port Authoritv of Saint Vincent and the Grenadines. No. 26. 179 St, Vincent and the Grenadines Port Authority, 1981'. Sea All that area of the sea including the Kingstown Bay which has as its seaward boundary a straight line drawn from 'Cane Garden Point to Old Woman Point and, as its landward boundary, the low water mark of the Coast line in the area of the Kingstown Bay between Cane Garden Point and Old Woman Point. PORT OF BEQUIA All that portion of Admiralty Bay. that is, the portion of sea bounded on the seaward side by a straight line drawn from Belle Point to Old Fort Point and, bounded on the landward side by the Low Water Mark of the coast line in the area of Admiralty Bay between Belle Point and Old Fort Point. PORT OF MUSTIQUE All that portion of Britannia Bay havine as its seaward boundary It straight line drawn from Survey Point GM,U 29 to a Point West of Lovell Villa~e and as its landward boundary, the low water mark of the coast line in the area of Britannia Bay between Survey Point GMU 29 and that point West of Lovell Village. PORT OF UNION ISLAND All that portion of Clifton Harbour which is bounded on the seaward side by a straight line drawn from Petit Bay Point (located East South East of Union Island Medical Clinic) to Thompson Island and by another straight line drawn from Thompson Island to the end of the Union Island Airport Runway. on the landward side by the low water mark of the coast line in the area of Clifton Harbour between Petit Bay Point and the end of the Union Island Airport Runway. SECOND SCHEDULE (Sec 102) ACTS AMENDED Wrecks Act Cap 204:: By renumbering Section 3 as Section 3 (1) and by adding a new subsection as subsection (2) to read as follows; " (2) Nothing in this Act shall be deemed to apply to functions of the Port Manager set forth in the Saint Vincent and the Grenadinee Port A.uthority Act, 1987 ~o. 26. 180 St. Vincent and the Grenadines Port Authority THIRD SCHEDULE AOTS REPEALED The Port Authority Act, 1975; The Pilot .A ct, Cap 199 1987. (Sec 103) Passed in the Hause of Assembly this 18th day of September 1987. J. CLEMENT NOEL, Clerk of the House of ASlembly. Printed by the Government Printer at the Government Printing- Office, Kingstown, St. Vincent and the Grenadines. 1987. [Pirkle $20.80 cents. )