Port Rules (No. 255 of 2009)

STAATSKOERANT, 6 MAART 2009 No. 31986 3 GOVERNMENT NOTICE DEPARTMENT OF TRANSPORT No. 255 6 March 2009 PORTS RULES I, Jeff Thamsanqa Radebe, Minister of Transport, hereby, in terms of section 80(2) of the National Ports Act no 1 2 of 2005', ,approve the rules made by the National Ports Authority for the control, management of ports, the approaches thereto, for the maintenance of safety and security~ good order and the protection of the ports environment. These Port Rules are published for general information and compliance and will come into operation on the date of publication, 0 .... 3: .. -.1(<.~···:······ J.Radebe Minister of Transport 4 No.31986 , GOVERNMENT GAZETTE, 6 MARCH 2009 1RANSNEr Port Rules national parts authority "The Authority may, with the approval of the Minister, by notice in the Gazette, make rules for the control and management of ports and the approaches thereto and for the maintenance of safety, security and good order in ports, ... " National Ports Act No. 12 of 2005, Section 80 (2) Transnet National Ports Authority r STAATSKOERANT, 6 MAART 2009 No. 31986 5 Port Rules in terms of the National Ports Act No. 12 of 2005 PORT RULES Issued in terms of the National Ports Act, No. 12 of 2005, Section (80)(2) CHAPTER 1: INTERPRETATION, APPUCATION AND POWERS OF THE HARBOUR MASTER AND THE AUTHORITY ....................... ..................................... 1 1. Interpretation ....................................................................................................... 1 2. Purpose ........................................................................................................... 6 3. Application ........................................................................................................... 6 4. Location of resources ............................................................................................ 6 5. Powers of the Harbour Master ................................................................................ 7 6. Powers of the Authority ......................................................................................... 7 7. Compliance with the Harbour Master's and Authority's instructions ............................ 8 8. Co-operation with other authorities ........................................................................ 8 CHAPTER 2: VESSEL MOVEMENTS AND RELATED MATTERS .... .., ............................. 8 PART A: APPLICATION .......................................................................................... 8 9. Application of this Chapter and Part 6 ..................................................................... 8 PART B: THE REGULATION AND CONTROL OF NAVIGATION IN THE APPROACHES TO A PORT ••••••••••• .. ••••••••• ■■■ 11,:;it ■■■ ••••e11 ■■■ a ■■ 1<•••• .. •••••••••••••••••,•••••••-"'•••••••••••••••••••••••• .. •1" ■ ••••••••• ■ 9 10. Functions of the VTS with respect to the approaches to a port .................................. 9 11. Nautical charts and publications relating to the VTS zone ....................................... 10 12. Traffic clearance and communication with VTS ...................................................... 10 13. Reporting to the VTS ........................................................................................... 11 14. Anchoring or sojourning of vessels with nuclear material ........................................ 13 15. Vessels may not be unseaworthy ......................................................................... 13 PART C: REQUIREMENTS FOR ENTERING A PORT ............................................... 13 16. Permission to enter a port ................................................................................... 13 17. Notices in terms of Merchant Shipping (Maritime Security) Regulations, 2004 to be copied to the Authority ........................................................................................ 14 18. Notice of arrival .................................................................................................. 14 19. Procedures to approach and enter a port if there are vessels in tow ........................ 15 20. Notice of weapons, explosives and other dangerous goods on board ....................... 16 21. Requirements for passenger vessels ..................................................................... 17 22. List of passengers and crew ................................................................................. 17 23. Nautical charts and publications relating to the port ............................................... 17 Transnet National Ports Authority Page i 6 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 24. Vessels to communicate with VTS or Port Control .................................................. 17 25. Signals, flags and lights ....................................................................................... 17 26. Mooring plan ...................................................................................................... 18 27. Weapons and explosives to be locked up and disarmed .......................................... 18 PART D: VESSELS WITHIN A PORT ...................................................................... 18 28. Moorings and shore connections .......................................................................... 18 29. Vessels to have sound and efficient mooring lines .................................................. 19 30. Permission to shift or to immobilise within a port ................................................... 19 31. Notice of port movements ................................................................................... 19 32. Signals, flags and lights ....................................................................................... 19 33. Harbour Master may require the movement of a vessel. ......................................... 19 34. Explosives and pyrotechnics ................................................................................. 19 35. VTS or Port Control ............................................................................................. 20 PART E: DEPARTURE FROM A PORT .................................................................... 20 36. Permission to leave a port ................................................................................... 20 37. Notice of departure ............................................................................................. 20 38. List of passengers and crew ................................................................................. 20 39. Vessels to communicate with VTS ........................................................................ 20 PART F: PILOTS AND PILOTAGE .......................................................................... 20 40. Pilotage is compulsory unless exemption is granted ............................................... 20 41. Pilot1s functions .................................................................................................. 21 42. Licensing of pilots ............................................................................................... 21 43. Master remains in control of a vessel under pilotage .............................................. 22 44. Assistance to the pilot ......................................................................................... 22 45.. Pilot ladders ....................................................................................................... 22 46. Helicopter vessel-shore operations ....................................................................... 22 PART G: PERMITS FOR SMALL VESSELS~ AND RELATED MATTERS .................... 23 47. Small vessels ...................................................................................................... 23 PART H: GENERAL ................................................................................................ 24 48. Compliance with laws, charts, schemes and directives with regard to vessel movement ......................................................................................................... 24 49. Master's authority not affected ............................................................................. 24 50. Vessels may not be unseaworthy ......................................................................... 24 51. Assignment of berths .......................................................................................... 25 52. Assignment of marine services ............................................................................. 25 53. Vessels to rig and stow gear ................................................................................ 25 54. Lost anchors ....................................................................................................... 25 55. Making fast to navigational aids ........................................................................... 25 56. Incidents in the approaches and within ports ........................................................ 26 57. Damage to property ............................................................................................ 26 58. Financial security for damages caused .................................................................. 27 Transnet National Ports Authority Page ii STAATSKOERANT, 6 MAART 2009 No. 31986 7 Port Rules in terms of the National Ports Act No. 12 of 2005 59. Master to produce vessel's papers ........................................................................ 27 60. Vessels in need of assistance ............................................................................... 27 61. Arrested vessels .................................................................................................. 28 CHAPTER 3: HEALTH AND SAFETY ......................................................................... 29 PART A: VESSEL SAFETY MEASURES ................................................................... 29 62. The master is responsible for the safety of the vessel ............................................ 29 63. Conduct of the crew ............................................................................................ 29 64. Fires and hot work repairs on vessels ................................................................... 29 65. Sparks and the lighting of fires ............................................................................. 29 66. Smoking on board vessels ................................................................................... 30 67. Persons disembarking or embarking ..................................................................... 30 68. Gangways ......................................................................................................... 30 69. Engine trials ....................................................................................................... 31 70. Lowering of boats from vessels ............................................................................ 31 71. Vessel's handling material or gear in port .............................................................. 31 72. Vessels may not be moored nor obstacles placed within the water area of a port repair facility ......................................................................................................... 32 PART B: GENERAL SAFETY MEASURES ......................................... ., ..................... 32 73. Requirements for fire protection personnel ............................................................ 32 74. The Harbour Master may instruct that safety measures be taken ............................ 32 75. Heating of substances ......................................................................................... 32 76. Smoking on the shore ......................................................................................... 32 77. The use of portable radios or cellular phones on the shore ..................................... 32 78. Occupational health and safety legislation ............................................................. 33 79. Authority's written instructions with regard to occupational health and safety matters33 80. Personal protective equipment ............................................................................. 33 81. Closing of parts of the port .................................................................................. 33 82. Incidents or damage to property on the shore within ports ..................................... 33 83. Swimming, surfing, fishing, diving and water sports ............................................... 34 84. Animals ......................................................................................................... 34 CHAPTER 4: PROTECTION OF THE ENVIRONMENT ................................................ 34 85. Prevention of pollution and protection of the environment.. .................................... 34 86. Deposit of harmful matter, including oil, in a port .................................................. 35 87. Cleanliness of the quayside ............................................... , .................................. 36 88. Ballast water ...................................................................................................... 36 89. Port waste reception facilities ............................................................................... 36 90. Compliance with Port Waste Management Plan ..................................................... 36 91. Compliance with Vessel Waste Management Plan .................................................. 37 92. Use of port waste reception facilities .................................................................... 37 93. Discharge or dumping in a port of sewage or residue water as a result of hatch or t.ank cleaning .................. , ...................................................................................... 37 94. Removal of vessels having offensive matter on board ............................................ 37 95. The emission of fumes or smoke .......................................................................... 37 Transnet National Ports Authority Page iii 8 No.31986 GOVERNMENT GAZErrE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 96. Protection of animals, birds, fish and plants .......................................................... 38 97. Burials ......................................................................................................... 38 CHAPTER 5: WORKING OF VESSELS AND DANGEROUS AND FLAMMABLE GOODS HANDL.ING ................................................................................................. 38 PART A: WORKING OF VESSELS .......................................................................... 38 98. Working of vessels may be refused ...................................................................... 38 99. The master or his or her delegatee to supervise and to protect all persons during the handling of cargo ................................................................................................ 38 100. Prevention of cargo and vessel's gear falling into a port ........................................ 38 101. Reporting about cargo and vessel's gear that has fallen into the port ...................... 39 102. Recovery of cargo or vessel's gear that has fallen overboard .................................. 39 103. Mechanical handling appliances ............................................................................ 39 PART B: HANDLING OF DANGEROUS GOODS ...................................................... 40 104. Compliance with other legislation and industry guidelines ....................................... 40 105. Harbour Master's directives relating to dangerous goods ........................................ 40 106. Dangerous goods landed in ISO containers ........................................................... 41 107. The need for a landing, delivery, forwarding or container terminal order ................. 42 108. Copy of packing certificate to be provided to the Authority ..................................... 42 109. Explosive standards ............................................................................................ 42 PART C: HANDLING OF BULK FLAMMABLE LIQUIDS AND FLAMMABLE UQUID CONTAINERS ............................................................................................................. 42 110. Survey certificate for the carriage of flammable liquid ............................................ 42 111. Vessels to operate with due regard to safety, security and the protection of the environment ....................................................................................................... 42 112. Harbour Master's instructions ............................................................................... 43 113. Liability for costs ................................................................................................. 43 PART D: AGENTS, FINANCIAL SECURITY, PORT AND CARGO DUES AND CHARGES, AND PENAL TIES ................. ················ ...................................................................... 44 114. Appointment of vessel agen/5 .............................................................................. 44 115. Security to be furnished to the Authority ............................................................... 44 116. Termination of vessel agents mandate ................................................................. 44 117. Port dues, fees and fines to be paid before vessel departs from port ....................... 44 118. Manifest of cargo ................................................................................................ 44 119. Outturn reports .................................................................................................. 46 120. cancelling cargodocumentation ........................................................................... 46 121. cargo dues ......................................................................................................... 47 122. Penalties ......................................................................................................... 4 7 CHAPTER 6: PLEASURE VESSELS ................................................................ a ••••••••••••• 41 123. Application of this chapter ................................................................................... 47 124. Permission to approach, enter into, shift within or leave a port ............................... 47 Transnet National Ports Authority Page iv STAATSKOERANT, 6 MAART 2009 No.31986 9 Port Rules in terms of the National Ports Act No. 12 of 2005 125, Pleasure vessels to comply with applicable legislation ............................................ 47 126. Pleasure vessels to make way .............................................................................. 47 127. Pleasure vessels to communicate with VTS ........................................................... 47 128. The Harbour Master's restrictions on pleasure vessels ............................................ 47 129. Mooring only at places assigned by the Harbour Master ......................................... 47 130. No anchoring or mooring in a channel navigable by a vessel without Harbour Master's permission ............................................................................................. 48 131. Pleasure vessels not to be in contact with vessels .................................................. 48 132. Damage to or displacement of navigational aids .................................................... 48 133. Pleasure vessels in need of assistance .................................................................. 49 134. Discharge of sewage in a port .............................................................................. 49 135. Weapons and explosives to be locked up and disarmed .......................................... 49 136. Permits for a pleasure vessel ............................................................................... 49 137. Visiting pleasure vessels ...................................................................................... 50 138. Inspection of pleasure vessels .............................................................................. 50 CHAPTER 7: SECURITY AND ACCESS ..................................................................... 50 139. The Authority is responsible for security ................................................................ 50 140. Security officers operating in the port ................................................................... 50 141. Access permits are required for entry into a port ................................................... 51 142. Compliance with the conditions of an access permit ............................................... 52 143. Removal of persons and motor vehicles from a port ............................................... 52 144. Firearms ......................................................................................................... 52 145. Entry points into a port ....................................................................................... 53 146. Motor vehicles in a port ....................................................................................... 53 147. Rail traffic within port limits ................................................................................. 54 CHAPTER 8: UCENCES AND REGISTRATION ......................................................... 54 148. Activities to be licensed or registered .................................................................... 54 149. Activities requiring licensing or registration may not be carried out without a licence or registration ......................................................................................................... 54 150. Determination of licences or registration ............................................................... 54 151. Suspension, withdrawal or cancellation ................................................................. 55 CHAPTER 9: GENERAL ............................................................................................ 55 152. Port repair facilities ............................................................................................. 55 153. The Authority's port repair facilities ...................................................................... 55 154. Hot work permit .................................................................................................. 55 155. Repairs or maintenance to a vessel ...................................................................... 56 156. Inspections and searches .................................................................................... 56 157. Fumigation of vessels .......................................................................... ., .............. 57 158. Late or incomplete notices ................................................................................... 57 159. Advertising ......................................................................................................... 57 160. Prohibited actions ............................................................................................... 57 161. Dredging ......................................................................................................... 58 162. Declaration of a wharf ......................................................................................... 58 163. Breaking up and removal of wrecks in a port ......................................................... 58 Transnet National Ports Authority Page v G09·063841-B 10 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 164. Information to be furnished by port users ............................................................. 58 165. Manner in which time is to be specified ................................................................. 59 166. Changes in information to be reported .................................................................. 59 167. Liability of the Authority ...................................................................................... 59 168. Observance of other laws and conventions ............................................................ 59 169. Offences ......................................................................................................... 59 170. Transitional arrangements ................................................................................... 59 ANNEXURE 1 (Rule (1)(yy)) INSHORE VESSEL TRAFFIC SERVICES ( VTS) ZONES..60 Transnet National Ports Authority Page vi STAATSKOERANT, 6 MAART 2009 No.31986 11 Port Rules in terms of the Nation a I Ports Act No. 12 of 200 5 CHAPTER 1: INTERPRETATION, APPUCATION AND POWERS OF THE HARBOUR MASTER AND THE AUTHORITY 1. Interpretation (1) In these rules, unless the context indicates otherwise (a) "Acf' means the National Ports Act No. 12 of 2005. (b) "agent' refers to all representatives having commercial dealings with a vessel or its cargo, unless the context indicates that it refers to a particular kind of agent, and includes a vessel's agent and a cargo agent (c) "approaches to a porf' means the VT.5 zone in respect of each port excluding the port limits, or, where a portdoes not have a VTS zone, the port limits. (d) "Authority' means, subject to section 3 of the Act, the National Ports Authority of South Africa or the National Ports Authority Limited, as contemplated in section 4 of the Act (e) "cargd' means any cargo, goods, wares, merchandise, and articles of every kind whatsoever, including animals, birds, fish, plants and containers, carried, or intended to be carried, by sea. (f) "cargo agent' includes both a clearing and forwarding agent. (g) "certified chemist' means a person who holds a B. Sc degree in chemistry or a recognised equivalent certificate, or who has successfully completed a specialised course in Chemical Tanker or Oil Tanker Safety Training Program in accordance with the South African Code of Maritime Qualifications published by SAMSA, and who has at least two years laboratory experience and specialised training in the testing of atmospheres in vessels. (h) "charf' means the latest valid navigational chart for sea navigation purposes. ( i) "Chief Fire Office/' means the Chief Fire Officer of the Authority or the Municipal Fire Services. U) "container operator' means any person providing international transportation of containerised goods, and approved by the Commissioner for the South African Revenue Service under section 96A of the Customs and Excise Act 91 of 1964, as amended, for operating containers in the Republic. (k) "customs' means the South African Revenue Service. (I) "dangerous goods' includes dangerous cargo and (i) goods classified in the IMDG Code, published by the International Maritime Organisation, as amended from time to time; Transnet National Ports Authority Page 1 12 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in tenns of the National Ports Act No. 12 of 2005 (ii) substances listed in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code), published by the International Maritime Organisation, as amended from time to time; (iii) substances listed in chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (JGC Code), published by the International Maritime Organisation, as amended from time to time; (iv) oils as defined in Annex I of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the 1978 Protocol, as amended from time to time; (v) noxious liquid substances as defined in Annex II of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the 1978 Protocol, as amended from time to time; (vi) harmful substances as defined in Annex III of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the 1978 Protocol, as amended from time to time; and (vii) radioactive materials specified in the Code for the Safe Carriage of Irradiated Nuclear Fuel, Plutonium and High-level Radioactive Wastes in Flasks on board Ships (INF Code), published by the International Maritime Organisation, as amended from time to time. (m) "entering porf' means a vessel entering the port's limits. (n) "entering the VTSzone' means a vesselentering the VTSlimits. (o) "foreign regulated ship' means a foreign ship that is (i) in South African waters; (ii) in, or is intending to proceed to, a port in the Republic, and (iii) a passenger ship, a cargo ship of 500 gross tonnage or more, or a mobile offshore drilling unit (other than a unit that is attached to the seabed). (p) "fire protection personnel' means fire protection personnel complying with the requirements set by the Authority in terms of rule 73. (q) "fishing vessermeans a vessel that is used for the purpose of catching fish or other living resources of the sea for financial gain or reward. (r) "gangway' means any access between vessel and shore and vice versa. (s) "gas free' means that the tank, compartment or container has sufficient fresh air introduced into it in order to lower the level of any flammable, toxic or inert gas to that required for any purpose. Transnet National Ports Authority Page 2 STAATSKOERANT, 6 MAART 2009 No. 31986 13 Port Rules in terms of the National Ports Act No. 12 of 2005 (t) "Harbour Master' means the employee of the Authority appointed for each port as contemplated in section 74(3) of the Act (u) "hot worl(' means work involving sources of ignition or temperatures sufficiently high to cause the ignition of a flammable gas mixture or combustibles. This includes any work requiring the use of welding, burning or soldering equipment, blow torches, some power driven tools, portable electrical equipment, which is not intrinsically safe or contained within an approved explosion proof housing or internal combustion engines. (v) "hot work permit' means a document issued by the Authority permitting specific hot work to be done during a specific time interval in a defined area. (w) "IMDG Code' means the International Maritime Dangerous Goods Code adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.122 (75). (x) "in contact' means the wilful physical contact or interaction occurring between a vessel and a pleasure vessel that involves the movement of persons or goods or the provision of services to or from the vessel. (y) "industry guidelines" includes the industry reference works referred to in rule 1041(2), as amended from time to time. (z) "IMO" means International Maritime Organisation. (aa) "length'' refers to the length overall (LOA) and means (i) in the case of a registered vessel, the length shown in the certificate of registry; and (ii) in the case of a vessel licensed in terms of section 68 of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), the length shown in the licence. (bb) "manoeuvre" means any vessel movement that may be detrimental to safe navigation, and includes (i) a compass adjustment; (ii) the calibration and servicing of navigational aids; (iii) a sea trial; (iv) a dredging operation; and (v) the laying, picking up and servicing of submarine cables. (cc) "master' means any person, other than a pilot, having charge or command of a vessel or pleasure vessel. Transnet National Ports Authority Page 3 14 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (dd) "motor vehicle' means a vehicle that is registered in terms of the National Road Traffic Act No. 93 of 1996. (ee) "ISO container' means a freight container with the specifications prescribed by the International Organization for Standardisation. (ff) "owner' means any person to whom a vessel or pleasure vessel or a share in a vessel or pleasure vessel belongs or any other organisation or person, such as the manager or charterer, who has assumed the responsibility for the operation of the vessel or pleasure vessel from the owner of the vessel or pleasure vessel. (gg) "passenger"means any person carried in a vessel, except (i) a person employed or engaged in any capacity on board a vessel on the business of the vessef, (ii) a person on board the vessel either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented; and (iii) a child under one year of age. (hh) "passenger vessel' means a vessel that carries more than 12 passengers. (ii) "pleasure vessel' means a vessel, however propelled, that is used, or intended to be used, solely for sports and recreation and that does not carry more than 12 passengets. Uj) "port' means any of the ports as defined in section 1 or determined in terms of section 10 of the Act. (kk) "Port Security Officer' means a person appointed by the Authority in a port to implement and maintain the Authoritys maritime security plan. (II) "Republic' means the Republic of South Africa. (mm)"revenue office' means the Authoritys Revenue Office. (nn) "SAMSA" means the South African Maritime Safety Authority, established as a juristic person by virtue of section 2(1) of the South African Maritime Safety Authority Act No. 5 of 1998. (oo) "security officer operating within a port' means a person designated by the Authority or operator within a port to implement and maintain the relevant maritime security plan. (pp) "shift' means the movement of a vessel from one place in the port to another, and "shifting" bears a corresponding meaning. Transnet National Ports Authority Page 4 STAATSKOERANT, 6 MAART 2009 No.31986 15 Port Rules in terms of the National Ports Act No. 12 of 2005 (qq) "small vessel' means a commercial small vesselthat: (i) is registered in the Republic; (ii) lies in, is used in or operates from a port, and (iii) includes a tug, fishing vessel, launch, barge, lighter, rowing boat, skiboat, sailing boat, yacht or similar vessel, or a hulk of any of the vessels enumerated, but excludes a pleasure vessel. (rr) "tanker' means a vessel designed to carry liquid cargo in bulk, including a combination carrier being used for this purpose. (ss) 11 Tariff Boo!(' means the Tariff Book contemplated in section 72 of the Act (tt) "unseaworthy", used in relation to a vessel, has the same meaning as set out in the Merchant Shipping Act No. 57 of 1951, read with the changes required by the context.1 (uu) "vessel' means any water-navigable vessel or structure and includes a passenger vessel, ship, seaplane, small vessel and a non-displacement vessel, but excludes a pleasure vesset to which Part B of Chapter 2 applies. (vv) "vessel agent' refers to the agent of the owner of the vessel. (ww) "vessel in need of assistance' means a vessel in a situation, apart from one requiring rescue of persons on board, that could give rise to the loss of the vessel or an environmental or navigational hazard. "Pleasure vessel in need of assistance' has a corresponding meaning. (xx) "VTS' means the vessel traffic service of a port administered by the Authority in respect of a VTS zone. 11 The definition of"unseaworthy' in the Merchant Shipping Act 57 of 1951 is: ""unseaworthy", used in relation to a vessel, means that she ( a) is not in a fit state as to the condition of her hull, equipment or machinery, the stowage of her cargo or ballast, or the number or qualifications of her master or crew, or in any other respect, to encounter the ordinary perils of the voyage upon which she is engaged or is about to enter; or (b) does not comply with the conditions of assignment to the extent.set forth in paragraph (q of section two hundred and seven; or (q is loaded beyond the limits allowed (i) by a load line certificate issued in the Republic under this Act; or (ii) if she is a load line ship, registered in a country in which the Load Line Convention applies, by a recognized non-South African international load line certificate; or (iii) by a load line certificate to which a notice issued under section two hundred and eighteen applies: Provided that a safety convention ship not registered in the Republic, in respect of which a recognized non South African safety convention certificate is produced, shall not be deemed unseawortfly, as regards the condition of her hull, equipment or machinery, unless it appears, on the report of a surveyor, that she cannot proceed to sea without danger to human life owing to the fact that the actual condition of the hull, equipment or machinery does not correspond substantially with the particulars stated in the certificate;" Transnet National Ports Authority Page 5 16 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (yy) "vessel traffic services zone'' or "VTS zone" means the inshore vessel traffic services zone in respect of a port as described in columns 1 and 2 of Annex 1. (zz) "writing' includes electronic communications such as e-mails, facsimiles and telexes. (2) Unless the context indicates otherwise, and except for the expressions defined in sub-rule (1), any expression used in these rules bears the same meaning assigned to it in the Act 2. Purpose The purpose of these rules is to ensure the proper control and management of ports, the regulation and control of navigation within the approaches to ports and the maintenance of safety, security and good order in ports and the protection of the environment. 3. Application These rules apply to the ports of Richards Bay, Durban, East London, Ngqura, Port Elizabeth, Mossel Bay, cape Town, Saldanha Bay and Port Nolloth and to any other port that has been determined to be a port in terms of section 10(2) of the Act 4. location of resources The following documents may either be found on the website of the Authority or othetWise obtained from the Authority: (a) Ballast Water Management Plan; (b) Local Contingency Plan; (c) National Contingency Plan; (d) Port Contingency Plan; (e) Tariff Book; (f) Traffic Separation Scheme; (g) VT.S' charts, and (h) Port Waste Management Plan. Transnet National Ports Authority Page G STAATSKOERANT, 6 MAART 2009 No.31986 17 Port Rules in terms of the National Ports Act No. 12 of 200 5 5. Powers of the Harbour Master (1) If a matter falls within the Harbour Master's functions as specified in section 74(3) of the Ad, then the Harbour Master may (a) give written or verbal instructions in accordance with the Harbour Mastels powers as set out in section 74(3) of the Act; (b) permit a vessel to follow a procedure or practice other than that required by these rules, if he or she is satisfied that the other procedure or practice is as safe as that required by the relevant rule and is in the interests of security, good order, protection of the environment and the effective and efficient working of the port (2) Contravention of a procedure or practice substituted pursuant to sub-rule (l)(b) is deemed to constitute a contravention of the procedure or practice required by the relevant rule. 6. Powers of the Authority ( 1) The Authority may give written or verbal instructions in accordance with the Authoritys powers and functions as set out in the Act if the matter does not fall within the Harbour Master'sfunctions as specified in rule 5. (2) The Authority may permit a person to follow a procedure or practice other than that required by these rules in respect of matters that do not fall within the Harbour Mastels functions as specified in rule 5, if the Authority is satisfied that the other procedure or practice is as safe as that required by the relevant rule and is in the interests of security, good order, protection of the environment and the effective and efficient working of the port (3) Contravention of a procedure or practice substituted pursuant to sub-rule (2) is deemed to constitute a contravention of the procedure or practice required by the relevant rule. 2 In terms of section 74(3) of the Act (a) the Harbour Master is, in respect of the port for which he or she is appointed, the final authority in respect of all matters relating to pllotage, navigation, navigational aids, dredging and all other matters relating to the movement of vessels within port limits; (b) for the purposes of paragraph (2), the Harbour Master may give written or verbal instructions as may reasonably be necessary for (i) promoting or securing conditions conducive to the ease, convenience or safety of navigation in the port; (ii) regulating the movement or mooring and unmooring of a vessel 1n the port; (iii) controlling the manner in which cargo, fuel, water or ship's stores are taken on, discharged or handled; (iv) regulating the removal or disposal of any residues and mixtures containing oil or noxious liquid substances, sewage and garbage from vessels in a port and requiring any such matter to be deposited in reception facilities in the port; (v) the detention of a vessel reasonably suspected of causing oil pollution and ensuring that the total cost of the pollution clean-up operation is recovered, or acceptable guarantees are provided, prior to the vessel being given permission to leave the port; and (vi) carrying into effect the provisions of the Act Transnet National Ports Authority Page 7 18 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 7. Compliance with the Harbour Masters and Authority's instructions All persons must comply with the instructions of the Harbour Master in respect of all matters referred to in rule 5 and the instructions of the Authority in respect of all matters referred to in rule 6(1). 8. Co-operation with other authorities ( 1) In terms of section 84 of the Act; the Authority may enter into co-operation agreements with immigration, customs, law enforcement and any other authorities required to perform a function within a port. (2) The co-operation agreement (a) must afford the authorities referred to in sub-rule (1) every facility reasonably necessary, subject to such compensation as may be agreed between the Authority and the other authorities, or failing an agreement, such compensation as the Minister may determine; (b) must regulate the operational relationship between the Authority and the other authorities referred to in sub-rule (1); and (c) may vary these rules for or exempt the authorities referred to in sub-rule (1) from complying with one or more of these rules, provided that the co-operation agreement puts in place adequate measures that ensure safety and that these measures are in the interests of security, good order, protection of the environment and the effective and efficient working of the port. CHAPTER 2: VESSEL MOVEMENTS AND RELATED MATTERS PART A: APPLICATION 9. Application of this Chapter and Part B (1) Parts C to G of this chapter apply to vessels, but do not apply to pleasure vessels. (2) Subject to sub-rule (3), Part B of this chapter applies to (a) the approaches to a portwhere there is a defined VTS zone-, (b) vessels and pleasure vesselsof 15 metres or more in lengtlr, (c) vessels and pleasure vessels engaged in towing or pushing any vessel, pleasure vessel or object, other than fishing gear, where (i) the combined length of the vessel or pleasure vessel and any vessel, pleasure vessel or object towed or pushed by the vessel or pleasure vessel is 30 metres or more in length; or Transnet National Ports Authority Page 8 STAATSKOERANT, 6 MAART 2009 No.31986 19 Port Rules in terms of the National Ports Act No. 12 of 2005 (ii) the length of the vessel, pleasure vessel or object being towed or pushed is 15 metres or more in lengtlr, (d) passenger vessel~ and ( e) a vessel carrying dangerous goods. (3) Part B of this chapter does not apply to (a) vessels exempted from the provisions of the Marine Traffic Act No. 2 of 1981 by virtue of regulation 2 of the Marine Traffic Regulations, 1981, published by Government Notice No. R. 194 of 1 February 19853; or (b) fishing vessels of less than 24 metres in length. PARTB: THE REGULATION AND CONTROL OF NAVIGATION IN THE APPROACHES TO A PORT 10. Functions of the VTS with respect to the approaches to a port With respect to any vessel about to enter or within a VTS zone and for the purpose of promoting safe and efficient navigation, the VTS may (a) give a traffic clearance to a vesselto enter, leave or proceed within a VTS zone; (b) direct the master, pilot or person in charge of the bridge watch of the vessel to provide relevant information in respect of that vessef, (c) direct the vesselto use specific radio frequencies in communications with coast stations or other vessels; (d) advise the vesse/of (i) the non-availability of a berth required for the vessef, (ii) pollution or reasonable apprehension of pollution in the VTS zone; (iii) the proximity of animals whose well-being could be endangered by the movement of the vessef, (iv) any obstruction or hazard to navigation in the VTS zone-, (v) the proximity of a vessel in apparent difficulty or presenting a pollution threat or other hazard to life or property; 3 In terms of regulation 2 of the Marine Traffic Regulations, 1981, warships, submarines or other underwater vehicles present in the territorial waters and which constitute or form part of a visiting force as defined in section 1 of the Defence Act No. 44 of 1957 are exempted from the provisions of the Marine Traffic Act No. 2 of 1981. T ransnet National Ports Authority Page 9 20 No. 31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (vi) the proximity of a vessel navigating in an unsafe manner or with improperly functioning equipment or radio equipment, or without charts or publications required by these rules or any other law; or (vii) vessel traffic congestion that constitutes an unacceptable risk to shipping, the public or the environment; and (e) in the light of one of more of the conditions referred to in sub-rule (d), direct the vessef (i) to leave a VTS zone:, (ii) to leave or refrain from entering an area within a VTS zone:, or (iii) to proceed to or remain at a location within a VTS zone. 11. Nautical charts and publications relating to the VTS zone The master of a vessel must ensure, before the vessel enters or proceeds within a VTS zone, that it has on board the latest editions of the nautical charts relating to that VTS zone. 12. Traffic clearance and communication with VTS (1) Subject to sub-rules (4) and (6), no vesselmay (a) enter, leave or proceed within a VTS zone without having previously obtained a traffic clearance as envisaged by rule l0(a); or (b) proceed within a VTS zone unless able to maintain direct communication with the ports VTSin accordance with sub-rule (2)(b). (2) The master of a vessel must ensure that (a) before the vessel enters a VTS zone, its radio equipment is capable of receiving and transmitting radio communications on the channel and radio frequency published by the South African Navy Hydrographic Office or other recognised international hydrographic publications; and (b) · where the vessel is in a VTS zone, a continuous listening watch is maintained on the channel and radio frequency referred to in sub-rule (2)(a) on the radio equipment located (i) at any place on the vessel, when the vessel is at anchor or moored to a buoy; and (ii) in the vicinity of the vessels conning position, when the vesse/is under way. (3) The listening watch to the port's VTS referred to in sub-rule (2) may be suspended if the VTS directs the vessel to communicate with coast stations and other vessels on a different channel and radio frequency. Transnet National Ports Authority Page 10 STAATSKOERANT, 6 MAART 2009 No. 31986 21 Port Rules in tenns of the National Ports Act No. 12 of 200 5 ( 4) The master of a vessel may proceed on his or her route, if the vessel, for any reason other than the failure of shipboard radio equipment (a) is unable to obtain a clearance required by sub-rule (l)(a) by reason of inability to establish direct communication with the VTS; or (b) after receiving a clearance, is unable to maintain direct communication with the VT5. (5) The master of the vessel referred to in sub-rule (4) must take all reasonable measures to communicate with the VTS as soon as possible. ( 6) The master of a vessel may not proceed on his or her route, if the vessel, due to the failure of shipboard radio equipment (a) is unable to obtain a clearance required by sub-rule (l)(a) by reason of inability to establish direct communication with the VT.5; or (b) after receiving a clearance, is unable to maintain direct communication with the 1/T.5'. (7) The master of the vessel referred to in sub-rule (6) must take all reasonable measures to repair the radio equipment, broadcast the position of the vessel and report the occurrence to the VTS as soon as possible. 13. Reporting to the VTS ( 1) The master of a vessel must ensure that a report is made to the 1/T.5' (a) at least 15 minutes before the vessel (i) enters a VTS zone, except where the vessel has been given a traffic clearance under rule 12(1)(a); or (ii) commences a manoeuvre in a VTS zone that may be detrimental to safe navigation; (b) as soon as practicable after the vessel arrives at an anchorage or mooring buoy in a VT.5' zone; (c) at least five minutes before commencing a manoeuvre in a 1/T.5' zone during which the vesse/leaves an anchorage or mooring buoy and gets safely under way; ( d) when the vessel arrives at a 1/T.5' reporting point as described on the charts, (e) as soon as practicable after the vessel commences a manoeuvre in a 1/T.5' zone that may be detrimental to safe navigation; and (f) immediately after the vessel gets safely under way after leaving an anchorage or mooring buoy in a I/TS zone. Transnet National Ports Authority Page 11 G09-063841-C 22 No.31986 GOVERNMENT GAZETTE. 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (2) The contents of the reports required in sub-rule (1) must specify the issues set out in the third column of the table below: Item Nature of the Report Report to specify 1 2 3 4 5 Rule 13( l)(a)(i) - At least 15 • The name of the vessef, minutes before the vesselenters a • The radio call sign of the vessef, VT.5' zone, except where the ship has been given a traffic clearance • The position of the vessef, under rule 12(l)(l)(a). • The estimated time that the vessel will enter the VT.5' zone; • The destination of the vessef, • • The estimated time that the vesselwill arrive at r its destination; and • Whether any dangerous goods are carried on board the vessel or the vessel being towed or pushed by the vessel. Rule 13(1)(a)(ii) - At least 15 • Thenameofthevessef, minutes before the vessel commences a manoeuvre in a • The position of the vessef, and VT.5' zone that may be detrimental • The manoeuvre that the vessel is about to to safe navigation. commence. Rule 13(1)(b) - As soon as • The name of the vessef, and practicable after the vessel arrives • The position of the vessel. at an anchorage or mooring buoy in a VT.5' zone. Rule 13(1)(c) - At least five• Thenameofthevessef, minutes before commencing a • The radio call sign of the vessef, manoeuvre in a VTS zone during which the vessel leaves an • anchorage or mooring buoy and • gets safely under way. The position of the vessef, The estimated time that the vessel will depart the anchorage or mooring buoy; • The destination of the vessel in the port, • The estimated time that the vessel will arrive at its destination; and • Whether any harmful substance cargo is carried on board the vessel or any vessel being towed or pushed by the vessel. Rule 13(1)(d) - When the vessel • The name of the vessef, Transnet National Ports Authority Page 12 STAATSKOERANT, 6 MAART 2009 No. 31986 23 Port Rules in t:enns of the National Ports Act No. 12. of 2005 6 arrives at a VT.S" reporting point as • described on the charts. Rule 13(1)(f) - Immediately after • ; the vessel gets safely under way after leaving an anchorage or mooring buoy in a VTS zone. The position of the vessel and the number of the reporting point on the charts, and The estimated time that the vessel will arrive at the next location where a report is required by these regulations to be made. Rule 13(1)(e) - As soon as • Description of the manoeuvre. practicable after the vessel commences a manoeuvre in a VT.S" zone that may be detrimental . to safe navigation. ! 14. Anchoring or sojourning of vessels with nuclear material No vessel propelled by nuclear power or which has on board any radioactive material capable of causing nuclear damage may anchor or sojourn in the approaches to a port without a nuclear vessel licence issued by the Chief Executive Officer of the National Nuclear Regulator in terms of section 21(2) of the National Nuclear Regulator Act No. 47 of 1999.4 15. Vessels may not be unseaworthy For the purpose of promoting safe and efficient navigation, the provisions of rule 50, read with the changes required by the context, apply to vessel; within the approaches to a port. PART C: REQUIREMENTS FOR ENTERING A PORT 16. Permission to enter a port (1) No vessel may enter a port without the permission of the Harbour Master. The Harbour Master may grant, refuse, withdraw or amend the permission. (2) No vessel propelled by nuclear power or which has on board any radioactive material capable of causing nuclear damage may enter a port without a nuclear vessel licence issued by the 4 Section 21(2) of the National Nuclear Regulator Act No. 47 of 1999 states the following: "Any person wishing to ( a) Anchor or sojourn in the territorial waters of the Republic, or (b) Enter any port in the Republic, With a vessel which is propelled by nuclear power or which has on board any radioactive material capable of causing nuclear damage may apply to the chief executive officer [of the National Nuclear Regulator] for a nuclear vessel licence and must furnish such information as the board requires." T ransnet National Ports Authority Page 13 24 No. 31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 Chief Executive Officer of the National Nuclear Regulator in terms of section 21(2) of the National Nuclear Regulator Act No. 47 of 1999.5 17. Notices in terms of Merchant Shipping (Maritime Security) Regulations, 2004 to be copied to the Authority At least 96 hours before the arrival in a port of a foreign regulated ship, the owner, master or agent of that vessel must send to the Authority a copy of the ship's pre-arrival information that was sent to the South African authorities in terms of regulation 86 of the Merchant Shipping (Maritime Security) Regulations, 2004.6 18. Notice of arrival ( 1) The owner, master or agent of a vessel must give at least 72 hours notice in writing of the arrival of a vessel at a portto the Harbour Master of that port. (2) The notice must include (a) the expected date and time of arrival of the vessel, (b) the name and type of the vessel, call sign, port of registration and flag; (c) the purpose of the call at the port, (d) the vessel's draught (both fore and aft), deadweight, length overall, freeboard and gross tonnage; (e) the name and contact details of the agent representing the vessel, (f) whether the vesselis compliant with the International Safety Management (ISM) Code; (g) the vessel's IMO number; 5 See footnote 4. 6 Regulation 86 of the Merchant Shipping (Maritime Security) Regulations, 2004 states the following: "(1) The master of a foreign regulated ship, or a ship intending to enter South African waters that would, once it had done so, be a foreign regulated ship, must provide pre-arrival information in accordance with the requirements determined in writing by the Director-General. (2) Without limiting subregulation (1), the Director-General may determine (a) The person or persons to whom pre-arrival information must be given; (b) The circumstances in which pre-arrival information must be given; and (c) The form and manner in which pre-arrival infonmation must be given. (3) Pre-arrival information is infonmation that (a) Must be provided by the ship before the ship enters one or more of the following: (i) South African waters; (ii) A security regulated port; (iii) A port that is not a security regulated port; and (b) Is of a kind that can be requested, under Xl-2/9 of the Safety Convention, by a port state from a foreign flagged ship. (4) If the master of a ship contravenes subregulation (1), the master or the ship operator for the ship may be given a control direction under Division 2 of this Part." Transnet National Ports Authority Page 14 STAATSKOERANT, 6 MAART 2009 No.31986 25 Port Rules in terms of the National Ports Act No. 12 of 2005 (h) the portwhere the vessel paid or intends to pay its light dues; (i) the vessel's last and next ports of call; (j) conditions that may cause the vessel to be unseaworthy, (k) the quantity of bunkers on board, and the vessel's bunker and other requirements; (I) whether the vessel will be bunkering by barge or by pipeline; (m) any nuclear installations, radio-active or toxic material or waste, explosives, flammable liquids or other dangerous goods on board, in accordance with Rule 20; (n) the nature and quantity of cargo to be shipped, landed or transhipped; ( o) any other matter, including stowaways on board, which may affect the safety, security, good order and the protection of the environment in the port, (p) the crew complement on the vessef, ( q) whether the vessel is engaged in a towage or salvage service; and ( r) whether the vessel has one or more vessels in tow and the particulars of these vessels, as required by rule 19. 19. Procedures to approach and enter a port if there are vessels in tow (1) If the vessel intending to enter a port has one or more vessels in tow, then the notice of arrival referred to in rule 18 must disclose (a) the number of vessels being towed and the total length of the tow, which is the distance from the forepart of the towing vessel to the after-part of the last vessel under tow; (b) the method of towing; (c) whether the towing vessel or any vessel being towed is unseaworthy, (d) whether auxiliary power is available on the vessel or vessel::, under tow; (e) if auxiliary power is available on the vessel or vessels under tow, the extent of the power available and whether it is sufficient for working the main engine, steering gear, deck machinery and lowering or heaving the anchors of the vessel or vessel::, under tow; (f) the crew complement on board the towing vessel and the vessel under tow; (g) whether any of the vessei5 in tow are tankets, and if so, whether the tanke!S are gas free; (h) what quantity of fuel and lubricating oil is on board the towing vessef, Transnet National Ports Authority Page 15 26 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (i) what quantity and type of fuel and lubricating oil is on board any vessel in tow and where such fuel and oil is located; (j) what means of radio communication is available to the master of the towing vessef, (k) whether the vessel or vessels in tow can be disconnected and handed over to another tug at sea; and (I) any other details which may affect the safety, security, good order and the protection of the environment in the port. (2) Unless the Harbour Masterdireets otherwise, the towing vessel and the vessel or vessels in tow must request the Harbour Master for permission to enter the port at a position no closer than 12 nautical miles to seaward. (3) Unless the Harbour Master directs otherwise, a vessel engaged ih a towage or a salvage service may not enter the VT.5' zone . 20. Notice of weapons, explosives and other dangerous goods on board (1) The owner, master or agent of a vessel having any radio-active or toxic material or waste, weapons, explosives, flammable liquids or other dangerous goods on board must give the Harbour Master and the terminal operator full written particulars of these items at least 72 hours before the arrival of the vessel at the port. (2) The particulars must include (a) the items' correct technical name; (b) the UN number; (c) the net explosive quantity and mass of the cargo; (d) the class of the dangerous goods, as specified by the categories listed in the IMDG Code, (e) the type of packaging used; for example, drums, containers or bulk; (f) the nature of any weapons on board the vessel and the purpose for which they are kept on board;7 (g) copies of any permits or licences in respect of the weapons, explosives or dangerous goods that were issued in terms of any applicable legislation; (h) any other information relevant to the maintenance of the safety, security, good order of the port and the protection of the environment; and (i) in the case of a vessel propelled by nuclear power or which has on board any radioactive material capable of causing nuclear damage, a nuclear vessel licence in terms of section 21(2) of the National Nuclear Regulator Act No. 47 of 1999. (3) The Harbour Master may shorten the 72-hour period specified in sub-rule (1). 7 See rule 27. Transnet National Ports Authority Page 16 STAATSKOERANT, 6 MAART 2009 No.31986 27 Port Rules in terms of the National Ports Act No. 12 of 2005 21. Requirements for passengervessels ( 1) A passenger vessel calling at any port must hold relevant and valid passenger vessel safety certificates in accordance with the Safety of Life at Sea Convention 1974, as amended. (2) The total complement of passengets may not exceed the total number of passengets allowed to voyage on board a ves-se/according to the certificates described in sub-rule (1). 22. List of passenge,s and crew (1) At least 24 hours before the arrival of the vesse/in the port, the vessel's owner, master or agent must submit to the Authority, and where applicable to the terminal operator, a list of the passengets and crew for disembarkation. (2) The Authority may shorten the 24-hour period specified in sub-rule (1). 23. Nautical charts and publications relating to the port The masterof a vesselmust ensure, before the vessel enters or proceeds within a port, that it has on board the latest editions of the nautical charts and publications relating to that port and the Traffic Separation Scheme applicable to the port, where one exists. 24. Vessels to communicate with VTS or Port Control ( 1) Vessel., must comply with all traffic directives issued by the port's VTS or, where the port does not operate a VTS, the Port Control. (2) A vessel must communicate to V7S or, where the port does not operate a vr.s; the Port Control, its arrival at the reporting points indicated on the chart for that port. 25. Signals, flags and lights When entering a port a vessel must display (a) its national colours; (b) the flag of the Republic, (c) if applicable, a signal indicating that a pilot is on board (international code flag "H"); (d) if free pratique has not been granted, a quarantine flag (international code flag "Q"); (e) if immigration officials are required (international code flag "I"); (f) if there are dangerous goods on board, international code flag "B" by day and a red light by night; and (g) any other signal the Harbour Master requires. Transnet National Ports Authority Page 17 28 No. 31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 26. Mooring plan (1) The Harbour Master may direct that a mooring plan be furnished to the Harbour Master before the entry of a vessel into the port (2) If a plan is not furnished as directed, or the plan is, in the opinion of the Harbour Master, inadequate, the Harbour Master may refuse permission for the vessel to enter the port (3) If the Harbour Master is of the opinion that the plan is inadequate, the Harbour Master will provide reasons for that opinion. 27. Weapons and explosives to be locked up and disarmed (1) Unless the Harbour Master directs in writing otherwise, before a vessel, other than a South African naval vessel, enters a port, the master of the vessel must ensure that all weapons and explosives on board the vessel, irrespective of whether or not they are intended for import or transit, are locked up in a secure place such as a gun safe and are disarmed. (2) If the weapons or explosives are to be imported into or transported through the Republic, then the owner or master of the vessel must comply with section 73 of the Firearms Control Act No. 60 of 2000.8 PART D: VESSELS WITHIN A PORT 28. Moorings and shore connections ( 1) A vessel within a port must at all times and to the satisfaction of the Harbour Master (a) have sufficient hands on board to attend to its moorings, gangways and other shore connections; and (b) deal with its moorings, gangways and other shore connections so as to ensure the safety and security of the vessel. (2) No rope may be made fast except to the dolphins, buoys, mooring posts and bollards that are designated for that purpose. (3) No wire rope may be used, unless the bollards and the edging of the coping of the wharf or jetty are protected to the satisfaction of the Harbour Master from chafe. ( 4) Chain cables may not be used for mooring, except with the permission of the Harbour Master. 8 Section 73 of the Fireanns Control Act No. 60 of 2000: "(1) No person may import into or export from South Africa any firearms or ammunition without an import or export permit issued in terms of this Act. (2) No person may carry in transit through South Africa any firearms or ammunition without an in-transit permit issued in terms of this Act." Transnet National Ports Authority Page 18 STAATSKOERANT, 6 MAART 2009 No.31986 29 Port Rules in terms of the National Ports Act No. 12 of 2005 29. Vessels to have sound and efficient mooring lines (1) A vessel must have sound and efficient mooring lines when it moors in a port so that it moors safely. (2) If the vessel does not have sound and efficient mooring lines on board, then the vessel's agent must see to it that mooring lines of this nature are provided to the vessel at the time that it moors. (3) The Harbour Master may direct a vessel that does not have sound and efficient mooring lines to obtain them before the vessel is moored. ( 4) No mooring line may be cast off, unless the Harbour Master directs or authorises this. 30. Permission to shift or to immobilise within a port (1) No vessel may shift within a port without the permission of the Harbour Master. The Harbour Master may grant, refuse, withdraw or amend the permission. (2) While within a port, no vessel may be immobilised without the prior written permission of the Harbour Master. The Harbour Master may grant permission for the immobilisation of a vessel, subject to whatever conditions he or she prescribes in the interests of safety, security, the efficiency and good order of the port and the protection of the environment. 31. Notice of port movements (1) The terminal operator, masteror agentof a vess-elmust give at least four hours notice to the Harbour Masterof the time the ves:selwill be ready to shift within a port. (2) The terminal operator, master or agent of the vessel must confirm this notice no less than two hours before the movement takes place. (3) The Harbour Master may vary the notice periods set out in sub-rules (1) and (2). 32. Signals, flags and lights When alongside a quay or jetty or moving within a port, a vessel must display the signals, flags and lights required by the Harbour Master. 33. Harbour Mastermay require the movement of a vessel The Harbour Master may, in the interest of safety, security, good order and the efficient working of the port, or the protection of the environment, require a vessel to shift from a berth to another part of the port. The costs of this movement will be for the master of the vessel, unless otherwise agreed. 34. Explosives and pyrotechnics ( 1) No explosives or pyrotechnic signals may be used within a port, unless a vessel is in distress or the Harbour Master permits otherwise. Transnet National Ports Authority Page 19 30 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (2) The Harbour Master may impose any conditions upon the use of explosives or pyrotechnic signals in the interests of safety, security, good order and the protection of the environment. 35. VTS or Port Control While in a port, vesse/;:; must comply with all the traffic directives of the ports VTS or, where the port does not operate a vr.s; the Port Control. PART E: DEPARTURE FROM A PORT 36. Permission to leave a port No vessel may leave a port without the permission of the Harbour Master. The Harbour Master may grant, refuse, withdraw or amend the permission. 37. Notice of departure (1) The terminal operator, master or agentof a ves:S'elmust give at least four hours notice to the Harbour Master of the time that the vesselwill be ready to depart from the port. (2) The terminal operator, master or agent of the vessel must confirm this notice no less than two hours before the departure is to take place. (3) The Harbour Master may vary the notice periods set out in sub-rules (1) and (2). 38. list of passengers and crew (1) At least 24 hours before the departure of the vesse/in the port, the vessel's owner, master or agent must submit to the Authority, and where applicable, the terminal operator, a list of the passengeJS and crew for embarkation. (2) The Authority may shorten the 24-hour period specified in sub-rule (1). 39. Vessels to communicate with VTS (1) Vesse/;:; must comply with all traffic directives issued by VTS or, where the port does not operate a vr.s; the Port Control. (2) A vessel must communicate to VTS or, where the port does not operate a VTS, the Port Control, its departure atthe reporting point indicated on the chart for that port. PART F: PILOTS AND PILOTAGE 40. Pilotage is compulsory unless exemption is granted (1) Pilotage is compulsory for vessels entering, departing from or moving within a port. Transnet National Ports Authority Page 20 STAATSKOERANT, 6 MAART 2009 No. 31986 31 Port Rules in terms of the National Ports Act No. 12 of 2005 (2) If the Harbour Master is satisfied that the master of a vessel is competent to navigate the vessel safely within port limits without assistance of a pilot, then the Harbour Master may (a) grant permission in writing to the master to navigate the vessel without the assistance of a pilot on a specified occasion; or (b) grant to the master standing permission in the form of a pilotage exemption licence to navigate the vessel without the assistance of a pilot during the period of validity of the licence. (3) The Harbour Master may suspend or cancel a pilotage exemption licence if it is in the interests of safety, security, good order and the protection of the environment. 41. Pilot's functions In terms of sections 75(3) to (5) of the Act (a) the pilot's function is to navigate a vessel in the port, to direct its movements and to determine and control the movements of the tugs assisting the vessel under pilotage; (b) the pilot must determine the number of tugs required for pflotage with the concurrence of the master of the vessel, (c) in the event of a disagreement between the pilot and the master of the vessel regarding the number of tugs to be used, the Harbour Master takes the final decision. 42. licensing of pilots (1) In terms of section 77(1) of the Act,; no person may perform the functions of a pilot in a port unless (a) SAMSA has certified the person; and (b) the Authority has issued the person with a licence to perform these functions. ( 2) The Authority may (a) determine the manner in which applications for licences are assessed and decided; (b) subject to the provisions of the Act; the requirements set by the Minister of Transport and these rules, determine the terms and conditions of the licence; (c) impose conditions upon the issuing of a licence; and (d) on good cause shown, suspend, withdraw or cancel a licence or registration after it has followed a fair procedure. Transnet National Ports Authority Page 21 32 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 43. Master remains in control of a vessel under pilotage In terms of sections 75(6) and (7) of the Act (a) the master of the vessel must at all times remain in command of the vessel, (b) neither the master nor any person under the masters command may, while the vessel is under pilotage, in any way interfere with the navigation or movement of the vessel or prevent the pilot from carrying out his or her duties, except in an emergency; and, (c) in an emergency, the master may intervene to preserve the safety of the vessel, cargo or crew and take whatever action he or she considers reasonably necessary to avert the danger. 44. Assistance to the pilot In terms of section 75(8) of the Act; the master of the vessel must ensure that the officers and crew are at their posts, that a proper lookout is kept and that the pilot is given all assistance necessary in the execution of his or her duties. 45. Pilot ladders ( 1) The master of a vessel entering or leaving or moving within a port under pilotage must provide a pilot ladder unless the pilot is embarking and disembarking by helicopter. (2) The pilot ladders must comply with the IMOs Recommendation on Pilot Transfer Arrangements and the International Organisation for Standardisation (ISO) standards on pilot ladders. (3) The master in charge of an unmanned vessel under tow must, on arrival at the approaches to a port, arrange for a safe and suitable way for port and other officials to board the vessel under tow. In general, this means that the master should arrange for a pilot ladder equipped with two man-ropes over-side of the vessel under tow. 46. Helicopter vessel-shore operations (1) The Harbour Master may decide to use a helicopter for the pilot to embark and disembark from a vessel. (2) All helicopter operations must be carried out in compliance with Schedule 1 of the South African Civil Aviation Authority Act No. 40 of 1.998. (3) The master of a vessel must follow the procedures and take the measures indicated in the International Chambers of the Shipping Guide when using a helicopter for the transfer of persons to and from a ship. Transnet National Ports Authority Page 22 STAATSKOERANT, 6 MAART 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 PART G: PERMITS FOR SMALL VESSELS - AND RELATED MATTERS 47. Small vessels (1) No small vessel may lie in, be used in or operated from a pottunless No.31986 33 (a) SAMSA, or another authority acceptable to SAMSA/ has granted the owner or master of the small vessel a certificate of fitness; and (b) the Harbour Master for that port has granted the owner or master of the small vessel a permit to do so. (2) The Authoritymay determine (a) the manner in which applications for permits for small vessels are to be invited, assessed and decided; (b) in the Tariff Book, the fees payable for application for a small vessel permit and the permit itself; (c) the qualifications and suitable criteria that applicants for a permit must meet in order to obtain a permit; and ( d) subject to the Act and these rules, including the powers of the Harbour Master in terms of section 74(3), the terms and conditions of the permit. (3) The Harbour Master for the pott where the small vessel has applied for a permit as contemplated in sub-rule (1) may impose conditions or limitations upon the granting of the permit in the interests of safety, security, protection of the environment and the good order and efficient working of the pott. (4) The Authority may, on good cause shown, refuse, suspend, withdraw or cancel a permit provided it has followed a fair procedure before the decision is taken. (5) If an owner or master of a small vessel fails to obtain a permit, the Harbour Master may remove or shift the small vessel at the expense of the owner or master of the small vessel. ( 6) The owner or master of a small vessel must comply with the Harbour Masters restrictions relating to launching, speed and area of operations or any other restrictions determined by the Harbour Master in respect of small vessels within port limits. (7) A small vesse/in possession of a permit as contemplated in sub-rule (1) must, at all times, keep out of the way of a vessel navigating in any channel or other area of the port. (8) No owner or master of a small vessel may allow the small vessel to come into contact with another vessel while within port limits unless the Harbour Master authorises it. (9) The provisions of rules 129 and 130, read with the changes required by the context, apply to small vessels in possession of a permit as contemplated in sub-rule ( 1). (10) The Authority will set out, in the Tariff Book/ the fees, dues and fines applicable to small vessels in possession of a permit as contemplated in sub-rule (1). Transnet National Ports Authority Page 23 34 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (11) The Harbour Master may issue written instructions about the regulation and control of small vessels in possession of a permit as contemplated in sub-rule (1). ( 12) The Authority may exempt small vessels in possession of a permit as contemplated in sub rule (1) from the provisions of one or more of these rules9• PART H: GENERAL 48. Compliance with laws, charts, schemes and directives with regard to vessel movement While within the approaches to a port or within port limits, the master of a vessel is required to (a) comply with alt applicable international and South African legislation with respect to vessel movement, including the Merchant Shipping (Collision and Distress Signals) Regulations 2005 and the Convention on International Regulations for the Prevention of Collisions at Sea 1972; (b) move in accordance with the chart of the port or the Traffic Separation Scheme applicable to the port; and (c) adhere to the instructions of the vrs or port control with regard to designated anchorage areas that the Harbour Master may have determined. 49. Master's authority not affected Nothing in this Chapter affects the authority and responsibility of the master of a vessel for the safe navigation of his or her vessel. 50. Vessels may not be unseaworthy ( 1) A vessel entering, leaving, moving or shilttng within a port, or moving to an anchorage, may not be unseaworthy for that purpose. (2) No vessel within a port may materially reduce its state of seaworthiness for any purpose without the prior written consent of the Harbour Master. (3) As the final authority in respect of all matters relating to pilotage, navigation, navigational aids, dredging and all other matters relating to the movement of vessels within port limits, the Harbour Master may direct that measures be adopted to prevent an unseaworthy vessel from navigating from, and within, the port. ( 4) All costs and expenses incurred by the Authority or by the vessel as a result of having to comply with any of the Harbour Master's measures as contemplated in terms of sub-rule (3) must be paid by the vessel before the vessel departs from the port. 9 In terms of the current permit conditions, small vesses may be exempt from rules 18, 31, 37, 115, 117, 118 and 119. Transnet National Ports Authority Page 24 STAATSKOERANT, 6 MAART 2009 No.31986 35 Port Rules in terms of the National Ports Aa No. 12 of 2005 51. Assignment of berths (1) The terminal operator will determine the assignment of berths where only one terminal operator operates the berth. (2) The Authority will determine the assignment of berths where a single terminal operator does not operate a berth and it may impose conditions upon the assignment of such a berth. (3) In making its determination referred to in sub-rule (2), the Authority will take into account the contractual and other requirements of any terminal operators operating at that berth and the good order and efficient working of the port ( 4) Despite the provisions of this rule, the Harbour Master may determine the assignment of any berth if it is in the interests of the safety and security and the protection of the environment. 52. Assignment of marine services (1) The Harbour Master determines the order of provision of marine services, which includes pilotage, tug and berthing services to vessels and the movement and mooring of ships in the port (2) In making the determination, the Harbour Master will take into account the interests of safety, security, and good order, the efficient working of the port and the protection of the environment. 53. Vessels to rig and stow gear A vessel entering a port, berthing, shifting or departing from a port must have its sides clear, its boats swung inboard and projections of any kind rigged inboard. 54. Lost anchors (1) The master of a vessel must, on becoming aware of any anchor, chain or cable that has parted or slipped from the vessel, report to the V7S or port control. (2) The master must communicate to the V7S or port control the position where the anchor, chain or cable parted or slipped and whether the anchor, chain or cable was buoyed when the parting or slipping took place. (3) The master must recover any parted or slipped anchor, chain or cable as soon as possible, if it is reasonably possible to do so, and failing that, the Authortfywill recover it at the expense of the owner or master of the vessel. 55. Making fast to navigational aids No vessel may be made fast to any marking buoy, light buoy, or any navigational aid or mark provided for the safety of vessels. Transnet National Ports Authority Page 25 36 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in tenns of the National Ports Act No. 12 of 2005 56. Incidents in the approaches and within ports (1) The master of a vessel that is within or about to enter the approaches to a port or within port limits must ensure that a report is made to the Harbour Master about any of the following matters as soon as the master becomes aware of them: (a) the occurrence on board the vessel of any fire or explosion; (b) the involvement of the vessel in a collision, grounding or striking; (c) any defect in the vessels hull, main propulsion systems or steering systems, radars, · compasses, radio equipment, anchors or cables; ( d) any discharge or threat of discharge of dangerous goods or other harmful substances from the vesse/into the water; (e) another vesse/in apparent difficulty; (f) any obstruction to navigation; (g) any aid to navigation that is functioning improperly, damaged, off-position or missing; (h) the presence of any dangerous goods or harmful substances in the water; (i) the presence of a vesselthat may impede the safe movement of other vesses; U) any weather conditions that are detrimental to safe navigation; (k) any matter that may affect the safety and security of the vessel, its crew or passenge/S and the port, or any matter that may affect the environment; and (I) any other navigational or environmental incident. (2) The owner or master of a vessel that has been involved in any navigational incident within the approaches to or in a port, or any environmental incident within a port, whether or not damage is done to any property, including underwater property, must (a) immediately report the incident to the Harbour Master as well as any other applicable regulatory body or government department; (b) submit to the Harbour Master a full written report setting out the circumstances of the incident, within 24 hours after the accident or before the departure of the vessel from the port, whichever is the sooner; and (c) furnish any further particulars that the Harbour Master may require. 57. Damage to property The owner or master of any vessel that damages any property within the port or the approaches thereto, including fouling or displacing any buoy, navigational aid or navigational channel, must Transnet National Ports Authority Page 26 STAATSKOERANT, 6 MAART 2009 No. 31986 37 Port Rules in terms of the National Ports Act No. 12 of 2005 (a) immediately report the occurrence to the Harbour Master and any other applicable regulatory body or government department; (b) submit to the Harbour Master a full written report setting out the circumstances of the occurrence, within 24 hours of the occurrence or before the departure of the vessel from the port, whichever is the sooner; (c) furnish any further particulars that the Harbour Master may require. 58. Financial security for damages caused Before a vessel departs from a port, the Authority may require the owner or master agent of a vessel to lodge financial security with the Authority to the satisfaction of the Authority if that vessel or its staff have caused pollution or damage to the environment or to property within a port 59. Master to produce vessel's papers The Harbour Master may require the master of a vessel arriving in a port to produce for inspection the vessel's register, certificates and any other papers relating to the vessel. 60. Vessels in need of assistance (1) If a vessel is in need of assistance and requests permission to enter into a port, the Harbour Master may consult with SAMSA and any other relevant statutory body. (2) In considering whether to allow the vessel into a port, the Harbour Master takes into account the following factors (a) safeguarding of human life at sea; (b) the ports industrial and urban environment; (c) the risk of pollution and damage to the environment; (d) the evaluation of consequences if a request is refused, including the possible effect to neighbouring states; (e) the risk of disruption to the ports operations; (f) the seaworthiness of the vessel, in particular its buoyancy, stability, means of propulsion and power generation, and its docking ability; (g) the nature and condition of the cargo, stores and bunkers, especially if there is any hazardous cargo; (h) the preservation of the hull, machinery and cargo of the vessel in need of assistance-, (i) the distance and estimated transit time to a SAMSA allocated place of refuge; U) whether the master is still on board; Transnet National Ports Authority Page 27 38 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 200S (k) the number of crew, salvors and other persons on board and an assessment of human factors, including fatigue; (I) whether the vessel in question is insured or not insured; (m) where the vessel is insured, identification of the insurer, and the limits of liability available; (n) provisions of financial security in favour of the Authority to guarantee payment of all expenses that may be incurred in con.nection with its operations; ( o) whether the owner and master of the vessel have agreed to the proposals of the Authority and/or salvor to proceed or to be brought to a place of refuge; (p) commercial salvage contracts already concluded by the master or ownerof the vessef, (q) information on the intention of the master and/or salvor; (r) the designation of a representative of the ownerof the vessel in the Republic, (s) the risk of disruption to the Authoritys operations taking into account the IMO guidelines; and (t) any other relevant considerations. 61. Arrested vessels (1) The Harbour Master may direct that any vessel that has been arrested or attached by order of court, or detained by another authority, be moved to another place within port limits. (2) The Harbour Master will give notice to the sheriff of the court, or any other official responsible for the upkeep of an arrested vessei that the vessel must be moved. (3) If the sheriff of the court or any other official of another authority contemplated in sub-rule (2) is unable to move the vessel within the period stipulated in the notice, the Harbour Master may move the vessel at the expense of the arresting creditor or creditors after consultation with the sheriff or other authority, as the case may be. ( 4) In the event of the vessel's agent terminating his or her services, the sheriff of the court, or any other official responsible for the upkeep of an arrested vessel, must include any fees charged by the Authority in his or her claim against the Preservation Fund as contemplated in the Admirality Jurisdiction Regulation Act No. 105 of 1983 in respect of the arrested, attached or detained vessel from the time of its arrest, attachment, or detention until it is freed from the arrest, attachment or detention. Transnet National Ports Authority Page 28 STAATSKOERANT, 6 MAART 2009 Port: Rules in terms of the National Ports Act No. 12 of 2005 CHAPTER 3: HEALTH AND SAFETY PART A: VESSEL SAFETY MEASURES 62. The master is responsible for the safety of the vessel No.31986 39 The master of a vessel within the port limits is at all times responsible for the safety of his or her vessel and nothing in these rules may be construed as relieving the master of this responsibility. 63. Conduct of the crew The owner or master of a vessel must ensure the orderly conduct and behaviour of the crew of his or her vessel and ensure that all persons on board the vessel observe the laws of the Republic while the vesse/is within port limits. 64. Fires and hot work repairs on vessels (1) No open fires are permitted on board a vessel unless the master of the vessel has obtained the Authorit]ls permission for that fire. (2) No hot work repairs are permitted on board a vessel unless the master of the vessel is authorised in terms of a hot work permit issued by the Authority in terms of rule 154. (3) If a fire occurs on board a vessel within port limits, the master must inform port control by VHF radio, telephonically or any other appropriate means possible of the fire and (a) immediately give the alarm by sounding one continuous blast on the vessel's siren; or (b) if it is not possible to use the vessel's siren, by the continuous ringing of the vessel's bell. (4) The staff of a vesselwith a fire on board must immediately (a) take practicable steps to extinguish the fire and to protect adjoining property; and (b) provide any further assistance that the Harbour Master or the Chief Fire Officer requires. 65. Sparks and the lighting of fires ( 1) The master of a vessel in a port must take all necessary precautions to avoid the emission of sparks from his or her vessel, except where a hot work permit is issued in terms of rule 154. (2) No person may light a fire upon any wharf, jetty, stacking area, quay or at any other place where the lighting of fires is prohibited by notice, except with the permission of the Authority. (3) The Authority may impose conditions on any perm1ss1on granted, to maintain safety, security, good order or to protect the environment. Transnet National Ports Authority Page 29 40 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 ( 4) No person may smoke, ignite a match or lighters, or otherwise create or allow a fire or flame in any hold or at any open hatch of any hold of any vessel or within an area adjacent to such hold or open hatch (a) while flammable cargo is being shipped, discharged or transhipped into or from a hold or open hatch; or (b) when non-flammable cargo is being worked in a hold that contains flammable cargo. (5) Portable radios and cellular phones may not be used in any hold or at any open hatch of any hold of any vessel or within an area adjacent to such hold or open hatch, unless the radio or cellular phone is certified to be intrinsically safe. 66. Smoking on board vessels (1) Notices must be displayed on board vessel;, where smoking is prohibited for safety reasons. (2) Smoking is prohibited in the holds or on deck of vessel:; with open hatches or in the vicinity of deck cargo. (3) Vessel:; carrying dangerous goods must prominently display at the gangway or other shore access points notices inscribed with the words: "Dangerous goods on board, smoking strictly prohibited." (4) The notices must be written in English and accompanied by the international prohibition symbol for no smoking. 67. Persons disembarking or embarking (1) A competent member of the vessel's crew must be in attendance at the vessel's gangway while persons, other than pilots, are disembarking from or embarking upon a vessel lying alongside a wharf, jetty or quay, in order to attend to the security of the gangway and the safety of persons passing over it. (2) The same applies when a vessel lying at anchor uses a gangway, an accommodation ladder or other similar equipment. (3) No person, other than a pilot in the exercise of his or her duties, may, except after obtaining the Harbour Masters permission, board or leave a vessel while that vessel is in motion and that person may only leave or board the vessel by way of the pilot ladder or a helicopter provided for that purpose. 68. Gangways (1) The master of a vesselthat is alongside a wharf, quay or jetty, lying at buoys or at anchor, or outside another vessel must provide a safe and proper gangwayto allow for free and safe passage to and from the deck of the vessel. (2) The gangway must be sufficiently illuminated. Transnet National Ports Authority Page 30 STAATSKOERANT, 6 MAART 2009 No.31986 41 Port Rules in tenns of the National Ports Act No. 12 of 2005 (3) A proper safety net must be rigged and secured below a gangway as soon as the gangway is in position, to safeguard persons using the gangway from falling into the water or onto a wharf, quay or jetty. ( 4) The master is responsible for the handling of the gangway and must ensure that the operations are carried out in a proper and safe manner. (5) The person in control of the gangway must regulate the number of persons allowed on the gangway at any one time. (6) A notice indicating the maximum number of persons to be allowed on the gangway at any one time must be clearly displayed at each end of the gangway. (7) A lifebuoy with a line attached to it must be placed near each gangway and kept ready for immediate use. (8) The master must ensure that the gangway is at all times positioned so that it does not obstruct or foul rail or crane tracks, constitute a hazard to the safe movement of trucks and cranes or interfere with bunkering operations. (9) The master of a vessel must take the necessary precautions to prevent damage to quay surfaces by the vessel's gangway., and loading ramps. (10) Where the nature or construction of a jetty or wharf is such that it is impossible for the vessel to comply with this rule, the master of the vessel must conform to the Harbour Mastels instructions concerning vesselto shore access. 69. Engine trials No master may perform engine trials of the vesselwhile it is alongside a wharf, quay or jetty or while it is berthed outside another vessel in a port, unless the master has the permission of the Harbour Master. 70. Lowering of boats from vessels A master may cause or permit a boat to be lowered from his or her vessel in a port only if the master has permission from Customs and the Harbour Master. 71. Vessel's handling material or gear in port (1) Unless a vessel's handling material or gear is being used for legitimate operational purposes, a vessel may not place its handling material or gear upon any wharf, jetty or quay, or elsewhere within port limits without the written consent of the terminal operator, in the case of a terminal, or the Harbour Master, in the case of any other area. (2) If it is placed anywhere without the required consent, it may be removed immediately, at the expense of the owner or master of the vessel, to a place determined by the terminal operator or the Harbour Master. Transnet National Ports Authority Page 31 42 No. 31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 72. Vessels may not be moored nor obstacles placed within the water area of a port repair facility Unless the Harbour Master directs otherwise, no vessel may anchor or be moored within, and no person may place any chain, anchor or other obstacle in the water area adjacent to a port repair facility, which includes a floating dock, synchrolift or slipway. PART B: GENERAL SAFETY MEASURES 73. Requirements for fire protection personnel ( 1) The Authority may set requirements for fire protection personnel who operate within a port. (2) All fire protection personnel must comply with the Authority's requirements. 74. The Harbour Master may instruct that safety measures be taken Despite the provisions of any other rule, the Harbour Master may, in the interests of the safety of the port, the persons, vessels and other property in it, issue instructions that safety precautions be taken, or take emergency measures that the Harbour Master believes are necessary or appropriate. 75. Heating of substances (1) No person may boil or heat pitch, tar, resin, turpentine, oil or other flammable matter on shore within a port on any wharf, jetty, stacking area, quay or at any other place where the lighting of fires is prohibited by notice except (a) with the permission of the Authority, or (b) if the person has a valid Hot Work Permit issued by the Authority. (2) The Authonty may impose conditions upon any permission granted to maintain safety, security, good order or to protect the environment. 76. Smoking on the shore The Authority will designate areas on the shore of the port where no smoking may take place. No person may smoke in such a designated no-smoking area. 77. The use of portable radios or cellular phones on the shore The Authority will designate areas on the shore of the port where portable radios and cellular phones may not be used. No person may use portable radios or cellular phones, other than those that are certified to be intrinsically safe, in such a designated area. Transnet National Ports Authority Page 32 STAATSKOERANT, 6 MAART 2009 No. 31986 43 Port Rules in terms of the National Ports Act No. 12 of 2005 78. Occupational health and safety legislation All persons, including service providers, terminal operators, drivers of transport vehicles, employers, lessees and visitors within port limits, must comply with the provisions of any legislation relating to occupational health and safety matters, including the Merchant Shipping Act No. 57 of 1951, the Occupational Health and Safety Act No. 85 of 1993 and its regulations, the Maritime Safety Regulations of 1994, the IMDG Code and the National Road Traffic Act No. 93 of 1996. 79. Authority's written instructions with regard to occupational health and safety matters (1) In order to give effect to rule 77, the Authority may issue verbal or written instructions relating to occupational health and safety matters within the port (2) All persons are required to adhere to these instructions. 80. Personal protective equipment All persons working within an area that is designated as an operational area by the Authority must wear the appropriate personal protective equipment, including a hard hat, safety boots and reflective high-visibility vests. 81. Closing of parts of the port ( 1) In the interests of maintaining safety, security, good order and the protection of the environment, or if the Authority determines that construction work should be carried out in any part of the port, the Authority may (a) close any part of the port to the public; or (b) prohibit the public's use of or restrict the public's access to any part of the port (2) Despite sub-rule (1), the Authority may allow access to parts of the ports to which the public has restricted access or which are closed to the public on conditions to be determined by the Authority. 82. Incidents or damage to property on the shore within ports All service providers, employers, lessees or other persons, other than a licensed operator10, involved in an incident on the shore within a port, whether or not damage is done to any property or the environment, or involved in damage to the Authoritys property on the shore or the environment within the port, must (a) immediately report the incident to the Authority as well as any other applicable regulatory body or government department; w Licensed operators are required to report incidents in terms of s 62(5) of the Act Transnet National Ports Authority Page 33 44 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (b) submit to the Authority a full written report setting out the circumstances of the incident or damage to property within 24 hours after the incident; and (c) furnish any further particulars that the Authoritymay require. 83. Swimming, surfing, fishing, diving and water sports (1) No person is allowed to dive or perform diving operations within port limits without the permission of the Harbour Master. (2) A person may only swim, surf, fish or engage in water sports within port limits in areas designated for these purposes by the Authorltyor a person authorised by the Authority. (3) The Harbour Master may, in the interests of maintaining safety, security, good order and the protection of the environment, impose conditions upon any swimming, surfing, fishing, diving or water sports that take place within port limits. 84. Animals (1) For the purposes of this rule, animals include birds. (2) The Authority may confiscate or confine any domesticated, tame or wild animal that is found at large on the Authority's premises within port limits. (3) The master of a vessel must properly secure animals that are on board a vesse/in a port. (4) The master of a vessel may not allow an animal to come ashore without the Authority's permission. CHAPTER 4: PROTECTION OF THE ENVIRONMENT 85. Prevention of pollution and protection of the environment (1) All persons within a port must take all reasonable steps to prevent, minimise and mitigate pollution or damage to or degradation of the environment. (2) Any person who pollutes or causes damage to the environment will bear the costs associated with the combating and cleaning up of that pollution, damage or degradation, and the associated impacts relating thereto. (3) If the person or persons responsible for the pollution or damage to the environment fail to take the necessary measures to prevent, minimize, mitigate, combat and clean up the pollution or damage to the environment, including its associated impacts, the Authority may take the necessary measures. The person or persons who caused the pollution or damage to the environment will be liable for the costs associated with the pollution, damage or degradation to the environment, its associated impacts and any mitigating measures. Transnet National Ports Authority Page 34 STAATSKOERANT, 6 MAART 2009 No. 31986 45 Port Rules in terms of the National Ports Act No. 12 of 2005 86. Deposit of harmful matter, including oil, in a port (1) No person may throw or deposit within port limits any harmful matter or substance of whatsoever nature, including effluent or polluted water or foreign organisms, without the permission of the Authority, and, in the case where it is to be thrown or deposited from a vessel, without the permission of the Harbour Master. The Authority or the Harbour Master, as the case may be, may impose conditions upon the permission to be granted. · (2) No person may cause or allow pollutants, including paint, or cause or allow substances that can cause pollution or negatively impact on the environment, whether or not the substance or pollutant is of a mineral, animal or plant origin, to be dumped on the property of a port or to be discharged or to escape into waters within port limits. (3) No oil of any description or harmful matter or substances of whatever nature, including effluent, polluted water or foreign organisms, may be discharged or dumped from a (a) Vessel or be allowed to escape from a vesselinto any part of the port, or (b) terminal or any other source, or be allowed to escape into port waters from a terminal or any other source. ( 4) The master of a vessel that is berthed alongside a quay or jetty must cause all the discharge outlets of the vessel facing the quay or jetty to be closed or to be provided with adequate covers to prevent any inadvertent discharge of water or effluent or substances onto the quay or jetty surface, bollards, moorings, telephone cables, fenders or hose connections or into the environment. (5) The cleanup of pollutants, including oil, which is spilled within port limits, must be dealt with in accordance with the applicable Port Contingency Plan. (6) If the spill straddles the area within port limits and areas falling outside port limits, the spill must be dealt with in accordance with the applicable Port Contingency Plan, and in the case of oil pollution management, the National Contingency Plan and any applicable legislation. (7) A person who drops or deposits any article within port limits that might cause a danger, obstruction, pollution, a negative impact upon the environment or a nuisance, or any person who witnesses a person doing this, must report the matter to the Authority immediately. (8) The owner or master of a vessel, terminal operator, lessee or port user that contravenes this rule, causing an obstruction in the port must immediately cause the obstruction to be removed at their expense, failing which the Authority may remove the obstruction at their expense. If any damage arises from the obstruction, the person responsible for it is liable for the costs relating to the damage. Transnet National Ports Authority Page 35 46 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 87. Cleanliness of the quayside (1) This rule applies to quaysides that are not operated by a terminal operator. 11 (2) The owner or master of a vessel must ensure that the quayside is cleaned after the vessel has completed its working operations. (3) If the owner or master of the vessel fails to affect the cleanup, the Authority will affect the cleanup at the cost of the owner or master of the vessel. These costs will include the costs associated with or incidental to the clean up and the removal of materials on the quayside. 88. Ballast water The master of a vessel and any other person to whom the Port Ballast Waste Management Plan applies, must comply with that plan. 89. Port waste reception facilities (1) Every terminal operator and master of a vessel must make use of the port's facilities for the reception of wastes from vessel:,. (2) Despite sub-rule (1), the Authority may require (a) a terminal operator to provide or procure proper and adequate facilities from a licensed waste disposal service provider for the reception of wastes from vessel:, using the port terminal; and (b) the vessel's owner or master to provide or procure proper and adequate facilities from a licensed waste disposal service provider for the reception of wastes from vessel3, if the berth is not operated by a terminal operator. (3) In assessing the adequacy of the waste reception facilities contemplated in sub-rule (2), the terminal operator or owner or master of the vessel, as the case may be, must have regard to the Port Waste Management Plan. ( 4) Despite the provisions of this rule, the owner- or master of a vessel must arrange to dispose galley waste in accordance with the Port Waste Management Plan. 90. Compliance with Port Waste Management Plan All persons to whom the Port Waste Management Plan applies, including terminal operators and tenants, must comply with that plan. 11 The cleanliness of a quayside operated by a terminal operator will be regulated by the licence agreement with the terminal operator. Transnet National Ports Authority Page 36 http:operator.ll STAATSKOERANT, 6 MAART 2009 No. 31986 47 Port Rules in terms of the Nationa! Ports Act No. 12 of 2005 91. Compliance with Vessel Waste Management Plan The owner, master or agent of a vessel must comply with their Vessel Waste Management Plan. 92. Use of port waste reception facilities Any waste reception facilities provided for a particular purpose by the terminal operator must be open for use for that purpose by all vessels using the terminal. 93. Discharge or dumping in a port of sewage or residue water as a result of hatch or tank cleaning (1) No vessel may discharge or dump sewage into portwaters or any part of the portexcept into a facility dedicated for that purpose. (2) No vessel may discharge or dump residue water into port waters as a result of hatch or tank cleaning without the written permission of the Harbour Master. The Harbour Master may impose conditions upon the granting of his or her permission. 94. Removal of vessels having offensive matter on board (1) The Harbour Master may order the removal of a vessel from a port if that vessel has cargo or other matter on board that may be a threat to the environment. (2) At the expense of the owner or master of the vessel, the Harbour Master may order that the cargo or other matter be disposed of. 95. The emission of fumes or smoke (1) The master of a vessel in a port must take all necessary precautions to avoid the emission of excessive fumes or smoke from his or her vessel. (2) No master of a vessel in a port may permit the emission of fumes, smoke or atmospheric pollutants from the vessel that violates the National Environment Management: Air Quality Act No. 39 of 2004 or any other applicable law. (3) The provisions of sub-rule (2) do not apply (a) to smoke emanating from a vesselwithin 5 minutes during the start-up period; (b) while the smoke-producing appliance is being overhauled if the emission cannot reasonably be prevented; or (c) during the period of any breakdown or disturbance of an appliance. ( 4) All persons must comply with the applicable legislation relating to pollution, including the National Environmental Management: Air Quality Act No. 39 of 2004. Transnet National Ports Authority Page 37 48 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 96. Protection of animals, birds, fish and plants Subject to rule 83 and any lease, licence or agreement with the Authority regulating pest control, no person may collect, use, remove or relocate any animal, bird, fish or plant that is within the port unless the Authorityhas authorised this in writing. 97. Burials No dead persons or carcasses of any kind may be buried within waters of the port. CHAPTER 5: WORKING OF VESSELS AND DANGEROUS AND FLAMMABLE GOODS HANDLING PART A: WORKING OF VESSELS 98. Working of vessels may be refused The Harbour Master may, in the interests of safety, security, good order and the protection of the environment, impose conditions upon the handling of goods, including dangerous goods, and may refuse to allow such goods to be landed from a vessel until (a) a suitable wharf, shed, quay, or other accommodation is available for the goods; or (b) arrangements to the satisfaction of the Harbour Master have been made for the removal and storage of the goods. 99. The master or his or her delegatee to supervise and to protect all persons during the handling of cargo ( 1) The master or his or her delegatee must remain on board the vessel whilst it is loading or discharging cargo, which includes containers, for the purpose of supervising these operations. (2) The master may only delegate the supervision of the loading or discharge operations to a suitably qualified person. (3) The master must take all reasonable steps to ensure the safety and protection of all persons working aboard the vessel during the loading or discharge operations. 100. Prevention of cargo and vessel's gear falling into a port (1) The master of a vesselthat is ·Ioading or discharging cargo must ensure, in accordance with best practice, that all measures are taken to prevent cargo or the vessel's gear from falling into the water. (2) If measures to the satisfaction of the Harbour Master have not been put in place, the Harbour Master may suspend the working of the vessel until satisfactory measures are put in place. Transnet National Ports Authority Page 38 STAATSKOERANT, 6 MAART 2009 No. 31986 49 Port Rules in terms of the National Ports Act No. 12 of 2005 101. Reporting about cargo and vessel's gear that has fallen into the port ( 1) The master must immediately and fully report to the Harbour Master about any cargo or vessel's gear that is dropped overboard as soon as the master becomes aware of it. (2) The master must provide the Harbour Master with any particulars that the Harbour Master requires. 102. Recovery of cargo or vessel's gear that has fallen overboard (1) The master of the vessel must immediately cause the cargo or vessel's gear that has fallen overboard to be recovered as soon as is reasonably possible. (2) The master of the vessel must abide by the Harbour Mastets directives regarding the recovery. (3) If the vessel fails to recover the cargo or vessel's gear that has fallen overboard, the Harbour Master may direct another person to recover it, and the owneror master of a vessel will be Bable for the costs associated with the recovery of the cargo or vessel's gear that has fallen overboard. (4) The terminal operator or any port service provider must ensure that any cargo, cargo handling or packing materials or oil-spills that have fallen on the quayside or terminal of any part of the port are removed, failing which the Harbour Master may arrange for its removal at the expense of the responsible person. 103. Mechanical handling appliances (1) A vessel berthed near or under the mechanical handling appliances must have sufficient crew on board ready to shift the vessel at any hour, day or night, as or when directed by the Harbour Master. (2) The Harbour Master may shift the vessel at the expense of the owner or master of the vessel, if the vessel fails to comply with the Harbour Mastets directives. (3) Operators of mechanical or other cargo-handling appliances or installations may not cause the booms, chutes, loading gantries or other appurtenances to be lowered, to protrude or to be so positioned so as to cause an obstruction on a berth or over the water. (4) The Harbour Master may grant an exception to sub-rule (3) and may impose conditions in the interests of safety, security, good order and the protection of the environment. Transnet National Ports Authority Page 39 50 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 PART B: HANDUNG OF DANGEROUS GOODS 104. Compliance with other legislation and industry guidelines (1) All persons must comply with the applicable legislation relating to dangerous and flammable liquids in bulk and in containers, including the Explosives Act No. 26 of 1956 and any regulations promulgated under that Act. (2) All persons involved in the handling of dangerous goods must comply with the standards, procedures, practices and requirements set out in the industry guidelines, as amended from time to time, including: (a) The International Safety Guide for Oil Tankers and Terminals (presently in its fifth edition); (b) Marine Terminals Baseline Criteria and Assessment Questionnaire; (c) Uquified Gas Handling Principles on Ships and in Terminals; (d) Ship/Shore Interface: Safe Working Practice for LPG and Liquified Chemical Gas cargoes; (e) Guidelines for the Handling, Storage, Inspection and testing of Hoses in the Field; and (f) Chemical carriers entered into the CDI Scheme. (3) The Harbour Master may permit a vessel to follow a procedure or practice other than those required by the industry guidelines, if he or she is satisfied that the other procedure or practice is as safe as that required by the industry guideline and is in the interests of security, good order, the protection of the environment and the effective and efficient working of the port. (4) Contravention of a procedure or practice substituted pursuant to sub-rule (3) is deemed to constitute a contravention of the practice or procedure required by these rules. 105. Harbour Masters directives relating to dangerous goods (1) The Harbour Master may, in the interests of safety, security, good order and the protection of the environment and at the expense of the owneror masterof the vessel (a) approve the discharge and storage of uncontainerised, dangerous goods at demarcated areas in the port at the expense of the owner or master of the vessel and impose conditions upon the approval, in the interests of safety, security, good order and the protection of the environment; (b) order that dangerous goods be discharged from a vessel, removed from the port or be otherwise disposed of, at any time of the day or night; (c) order that landed dangerous goods Transnet National Ports Authority Page 40 STAATSKOERANT, 6 MAART 2009 No.31986 51 Port Rules in terms of the National Ports Act No. 12 of 2005 (i) be returned on board the vessel from which it was landed; (ii) be destroyed; or (iii) be dealt with in a manner that the Harbour Master considers necessary and appropriate. (d) order that vessels having dangerous goods on board that are berthed alongside a wharf or jetty have sufficient fire protection personnel and equipment in attendance; (e) order that the master of a vessel with dangerous goods on board adopt precautionary measures, as the Harbour Master considers appropriate. (2) Miscellaneous class 9 dangerous substances of the IMDG Code, which do not need to be labelled, are exempted from the requirements of sub-rules (b) to (e). 106. Dangerous goods landed in ISO containers (1) If dangerous goods are landed in ISO containets, then the vessel's agent must present the terminal operator with a packing declaration before the container is landed. (2) The packing declaration must reflect (a) the correct technical name; (b) mass; (c) the UN number; (d) IMDG Code class of each consignment in the container; and (e) a declaration that (i) the container is fit to transport this kind of dangerous goods, (ii) the cargo is adequately secured in the container; and (iii) no other cargo known to be incompatible with the dangerous goods has been placed in the container. (3) The packing declaration must accompany the container to its final destination. (4) If dangerous goods are to be shipped in ISO containets, the packing station must provide a packing declaration as stipulated in sub-rule (2) with the loaded container. The packing declaration must accompany the container at all times and must be provided to the owner or the master of the vessel when the container is loaded on board. ( 5) All ISO containets with IMDG Code labels attached must be treated as though they contain dangerous goods. Transnet National Ports Authority Page 41 52 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (6) The container operator and the agent of the vessel must ensure that old IMDG Code labels are defaced or removed. 107. The need for a landing, delivery, forwarding or container terminal order (1) No dangerous goods may be landed, delivered or forwarded without the terminal operator's completed landing, delivery, forwarding or container terminal order. (2) If any dangerous goods are to be landed, delivered or forwarded without the appropriate order, the terminal operator must report this to the Authority immediately. (3) The correct type of landing, delivery, forwarding or container terminal order referred to in sub-rules (2) and (3) is governed by the cargds IMDG hazardous cargo classification, or, if the commodity is not listed in the IMDG Code, by the definition of dangerous goods contained in the Code. 108. Copy of packing certificate to be provided to the Authority (1) A copy of the packing certificate referred to in the Merchant Shipping (Dangerous Goods) Regulations, 1997 must be attached to the order covering the shipment and sent to the Authoritys offices at the port 24 hours before the arrival of the dangerous goods within port limits. If this is not done, the Authority may refuse the shipment and the shipper will be liable for all costs arising from the non-compliance with this requirement, including costs incurred in connection with the return of the cargo. (2) The Authority may request the correct Material Safety Data Sheet. 109. Explosive standards The Harbour Master may issue written instructions for the shipment, handling and short-term storage of explosives in ports. PART C: HANDUNG OF BULK FLAMMABLE UQUIDS AND FLAMMABLE UQUID CONTAINERS 110. Survey certificate for the carriage of flammable liquid (1) Every tanker carrying flammable liquids that enters port limits must be in possession of a valid survey certificate issued by the flag state, or an authority recognised by the flag state, for the carriage of any flammable liquid. (2) The Harbour Master may refuse to allow any tanker that is not in possession of a valid survey certificate for the carriage of flammable liquid to enter into port. 111. Vessels to operate with due regard to safety, security and the protection of the environment Vessel.; that convey, discharge or ship flammable liquids in bulk or during bunkering operations, or convey or discharge containers that hold or held flammable liquids, must Transnet National Ports Authority Page 42 STAATSKOERANT, 6 MAART 2009 No. 31986 53 Port Rules in terms of the National Ports Act No. 12 of 2005 conduct their operations in a safe and secure manner, and in a way that does not threaten the environment. 112. Harbour Masters instructions (1) In order to give effect to rule 111, the Harbour Master may, in the interests of safety, security and the protection of the environment, issue verbal or written instructions relating to (a) the conveyance, discharge or shipping of flammable liquids in bulk or during bunkering operations; and (b) conveyance, discharge or shipping of containers that hold or held flammable liquids. (2) All persons to whom the instructions are directed must adhere to them. (3) For the purpose of any rule or written instruction that requires that a gas free certificate be obtained, the certificate is deemed not to have been issued until (a) both the master and the Harbour Master are in possession of duplicate originals signed by the certified chemist, and (b) it is posted in a conspicuous place on board the vesselwhere all persons concerned can easily read it. (4) The master of a vessel and the terminal operator must afford every facility to the Harbour Master to ascertain whether any of these rules or any instruction, which is intended to give effect to any of these rules, has been and is being observed. 113. Liability for costs (1) All persons to whom the verbal or written instructions referred to in rule 112 are directed are jointly and severally liable for the costs of implementing those instructions. (2) Despite sub-rule (1) (a) the owner or master of a vessel, pipeline, bulk storage or other installation that discharges or allows flammable liquid or contaminated water to escape into a port, is liable for the costs that the Authority may incur in removing the flammable liquid or contaminated water; (b) the owner or master of a vesselis responsible for the costs of fire protection personnel, safety measures and supervision as may be provided, taken or exercised in terms of these rules or by the direction of the Harbour Master, and (c) if the Harbour Master orders the removal of a tanker that has flammable liquids on board from the berth at which it is lying because the Harbour Master is of the opinion that this is in the interests of safety or the efficiency of the port, the owneror master is responsible for the costs of the removal, unless otherwise agreed. Transnet National Ports Authority Page 43 54 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 PART D: AGENTS, FINANCIAL SECURITY, PORT AND CARGO DUES AND CHARGES, AND PENAL TIES 114. Appointment of vessel agents Every owner of a vessel intending to enter a port in the Republic must appoint a vessel agent, unless the Authority grants an exemption to a vessel. 115. Security to be furnished to the Authority (1) Before a vessel enters a port the owner, master or agent of that vessel must furnish security to the satisfaction of the Authority for the payment of any fees payable to the Authority.12 (2) Despite sub-rule (1), the Authority may, on written application by an agent, and subject to conditions that it may impose, open a credit account or credit facility against which will be levied any fees or charges that may become payable by the applicant under these rules or the Tariff Book. 116. Termination of vessel agenf s mandate (1) If the vessel agents mandate is terminated, the vessel agent (a) must give the Authority written notice of the termination; and (b) remains liable for all fees due and payable up to the expiry of the termination notice. (2) Upon the termination of a vessel agents mandate, the owner or master of a vessel must appoint forthwith another vessel agent 117. Port dues, fees and fines to be paid before vessel departs from port (1) Before a vessel departs from a port,, the Authority may require the owner, masteror agent of that vessel to pay or provide sufficient security to the satisfaction of the Authori~ for all port dues, fees, fines or any other monies owing to the Authority by the vessel's owner. (2) Despite anything to the contrary in these rules, the vessel's agent is responsible for all the vessel's debts that remain due to the Authority after the vesselhas departed from the port. 118. Manifest of cargo ( 1) At least one day before the arrival of a vesse/in the port in respect of imported cargo and at least 14 days after the vessel's departure in respect of exported cargo 12 In terms of section 73{4) of the A~ the Authority may require any person to furnish such security as it deems fit for the payment of any fee payable to the Authority. Transnet National Ports Authority Page 44 STAATSKOERANT, 6 MAART 2009 No.31986 55 Port Rules in terms of the National Ports Act No. 12 of 2005 (a) the owner, master or agent of a vessel must submit to the Authority a certified true copy in English of the manifest of any non-containerised, breakbulk or bulk cargo intended for landing or that has been shipped; (b) the container operator must submit to the Authority a certified true copy in English of the manifest of any containerised cargo intended for landing or that has been shipped. (2) The manifest referred to in sub-rule (1) must include (a) the vessel's details, voyage number, and estimated arrival and departure dates; (b) its country or origin and destination; (c) the port of loading, discharge, and trans-shipment; (d) for non-containerised, breakbulk and bulk (i) the consignee and consignor names, addresses and contact details, where available; (ii) the cargo agents or cargo agents' names, addresses and contact details; (iii) the bill of lading or mates receipt; (iv) the marks and numbers; (v) the number and description of packages or goods; (vi) the commodity description of the cargo; and (vii) the gross mass; and (e) for containers (i) the consignee and consignor names, addresses and contact details, and in the case of a group consignment, all the consignee and consignor names, addresses and contact details, where available; (ii) the cargo agents or cargo agents' names, addresses and contact details; (iii) the container number, size, type, status and container operator, (iv) the commodity description of the cargo; and (v) the gross mass. (3) The container operator must submit to the Revenue Office within the timeframes stipulated in the Tariff Book a list of empty containers intended for landing or shipping at the port ( 4) The list referred to in sub-rule (3) must include Transnet National Ports Authority Page 45 56 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 200 5 (a) the vessel's details, voyage number, and estimated arrival and departure dates; (b) the port of loading and discharge; and (c) the container number, sizes, type, status and container operator. 119. Outturn reports (1) After the vessel has completed its working the terminal operator must submit to the relevant Revenue Office outturn reports in respect of all cargo landed, shipped or transhipped at all port terminals on a per vessel basis and within the timeframes stipulated by the Authority. (2) The outturn report referred to in sub-rule (1) must contain the (a) vessel's details and voyage number; (b) arrival and departure dates; (c) terminal indicator; (d) berth indicator; (e) for containerised cargo (i) container number, indicator, size, type and status; and (ii) container operator, and (f) for bulk and breakbulk cargo (i) bill of lading number or mate receipt's number, together with a commodity description of goods, number of packages and mass; and (ii) vessel's agent 120. Cancelling cargo documentation (1) The applicable charges for cancelling cargo documentation to be submitted to the Authority is stipulated in the TariffBook. (2) The Authority may raise a charge in respect of each cargo document, cancelling a previously submitted cargo document, and the charge is due and payable at the time that the cancelling cargo document is delivered to the Authority. (3) The Authority may accept cancelling cargo documentation only if the cargo owner or his or her agent has signed an undertaking to pay the additional charges that are stipulated in the Tariff Book. T ransnet National Ports Authority Page 46 STAATSKOERANT, 6 MAART 2009 No. 31986 57 Port Rules in terms of the National Ports Act No. 12 of 2005 121. Cargo dues The Authority may require an exporter or importer of cargo and the cargo agent appointed to act on behalf of the importer or exporter, if such an agent is appointed, to furnish such security as the Authority deems fit for the payment of cargo dues. 122. Penalties The Authority may levy penalties as stipulated in the Tariff Book for late submission, non submission or cancelling of cargo documentation. CHAPTER 6: PLEASURE VESSELS 123. Application of this chapter This chapter applies to pleasure vessels only. 124. Permission to approach, enter into, shiftwithin or leave a port (1) No pleasure vessel may approach, enter into, shift within or leave a port without the permission of the Harbour Master. (2) The Harbour Master may grant, refuse, withdraw or amend the permission. 125. Pleasure vessels to comply with applicable legislation The owner or master of a pleasure vessel must comply with all applicable legislation, including the Merchant Shipping (Collisions and Distress Signals) Regulations, 2005 and the Merchant Shipping (Small Vessel Safety) Regulations, 2002, which apply also within a port. 126. Pleasure vessels to make way Pleasure vessels must, at all times, keep out of the way of a vessel navigating in any channel or other area of the port. 127. Pleasure vessels to communicate with VTS The Harbour Master may require a pleasure vessel to communicate their arrival and departure to Port Control. 128. The Harbour Masters restrictions on pleasure vessels The owner or master of any pleasure vessel must obey the Harbour Mastets restrictions relating to launching, speed, and area of operations or any other restrictions determined by the Harbour Master in respect of pleasure vessels within port limits. 129. Mooring only at places assigned by the Harbour Master (1) Pleasure vessels may be moored only at positions assigned by the Harbour Master. Transnet National Ports Authority Page 47 58 No. 31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (2) No pleasure vessel may be beached within port limits except with the prior permission of the Harbour Master. (3) The Harbour Master may issue written instructions about where pleasure vessels may be beached. (4) No pleasure vessel may be made fast to a channel marking buoy, light buoy, or other navigational aid or mark provided for the safety of vessefa.:,, 130. No anchoring or mooring in a channel navigable by a vessel without Harbour Masters permission (1) No pleasure vessel may be anchored or moored in any channel of a portthat is navigable by a vessel except with the permission of the Harbour Master. (2) If the Harbour Master grants a pleasure vessel permission to anchor or moor in a channel that is navigable by vessels, then the pleasure vessel must, at all times, not interfere with vessels navigating in that channel. (3) If, for reasons beyond the control of the owneror master of the pleasure vessel, a pleasure vessel is moored at a berth or position that has not been specifically assigned to it by the Harbour Master, then (a) the owneror masterof the pleasure vessel must immediately notify the Harbour Master that the pleasure vessel is so moored; and (b) the Harbour Master may, at the expense of the owneror master of the pleasure vessel, take whatever action is necessary for the maintenance of safety, security, good order and the protection of the environment. 131. Pleasure vessels not to be in contactwith vessels No owner or master of a pleasure vessel may permit the pleasure vessel to come in contact with a vessel within the ports limits unless the Harbour Master authorises this. 132. Damage to or displacement of navigational aids (1) The owner or master of a pleasure vessel that fouls, displaces or damages a buoy or navigational aid or mark, must (a) immediately report the incident to the Harbour Master, (b) within 24 hours after the incident took place, submit to the Harbour Master a full written report setting out the circumstances of the incident; and ( c) provide in writing any particulars that the Harbour Master requires. (2) The owner or master of a pleasure vessel that fouls, displaces or damages a channel marking, buoy, light buoy or other navigational aid or mark is liable for all costs incurred in the replacement or repair of that channel marking, buoy, light buoy or other navigational aid or mark. T ransnet National Ports Authority Page 48 STAATSKOERANT, 6 MAART 2009 No.31986 59 Port Rules in tenns of the National Ports Act No. 12 of 2005 133. Pleasure vessels in need of assistance The provisions of rule 60 apply to pleasure vessels with the necessary changes required by the context. 134. Discharge of sewage in a port No pleasure vessel may discharge or dump sewage into port waters or any part of the port except into a facility dedicated for that purpose. 135. Weapons and explosives to be locked up and disarmed (1) Before a pleasure vessel enters a port, the masterof the pleasure vessel must ensure that all weapons and explosives on board the pleasure vessel are locked up in a secure place such as a gun safe and are disarmed. (2) Upon arrival in a port, the master of a pleasure vessel must declare to the VTS or Port Control whether any person on board his or her pleasure vessel is in possession of a weapon or explosives and, if so, the nature of the weapon or the explosive. 136. Permits for a pleasure vessel (1) No pleasure vessel may lie or be used in or operated from a port unless (a) SAMSA, or another authority acceptable to SAMSA, has granted the owner or masterof the pleasure vessel a certificate of fitness; and (b) the Harbour Master for that port has granted the owner or master of the pleasure vessel a permit to do so. (2) The Authority may determine (a) the manner in which applications for permits for pleasure vessels are to be invited, assessed and decided; (b) in the Tanff Book, the fees payable for application for a pleasure vessel permit and the permit itself; (c) the qualifications and suitable criteria that applicants for a permit must meet in order to obtain a permit; and ( d) subject to the Ad and these rules, including the powers of the Harbour Master in terms of section 74(3), the terms and conditions of the permit. (3) The Authority may on good cause shown, refuse, suspend, withdraw or cancel a permit, provided it has followed a fair procedure before the decision is taken. (4) If an owner or master of a pleasure vessel fails to obtain a permit, the Harbour Master may remove or shift the pleasure vessel at the expense of the owner or master of the pleasure vessel. (5) The Author1Zywill set out, in the Tariff Book, the fees, dues and fines applicable to pleasure vessels in possession of a permit as contemplated in sub-rule (1). Transnet National Ports Authority Page 49 60 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 137. Visiting pleasure vessels Pleasure vessels visiting the pottmust pay port dues as stipulated in the Tariff Book. 138. Inspection of pleasure vessels The Harbour Master or any of the Harbour Mastels staff may, in the interests of safety, security, the protection of the environment and the good order of the port inspect and examine the pleasure vessel and its equipment. CHAPTER 7: SECURITY AND ACCESS 139. The Authorityis responsible for security Subject to the provisions of any legislation regulating other state security agencies, the Authority is responsible for the regulation and control of security within port limits. 140. Security officers operating in the port (1) Security officers operating within a port must have been trained in accordance with the provisions of the ISPS Code and must be conversant with the provisions of the following documents (a) the ISPS Code; (b) the Merchant Shipping (Maritime Security) Regulations, 2004; and (c) any other relevant security legislation. (2) The Port Security Officer or his or her appointee may stop and interview any security officer operating within a port in order to establish whether the security officer (a) has been trained in accordance with the provisions of the ISPS Code; and (b) is conversant with the documents referred to in sub-rule (1) and the standard operating procedures associated with his or her work. (3) In carrying out the functions contemplated is sub-rule (2), the Port Security Officer or his or her appointee must record in the Authoritys Occurrence Book (a) the name of the person interviewed; (b) the date when the interview took place; ( c) the port facility or the contracted private security firm to which the security personnel belongs; and ( d) his or her findings. Transnet National Ports Authority Page 50 STAATSKOERANT, 6 MAART 2009 No. 31986 61 Port Rules in terms of the National Ports Act No. 12 of 2005 (4) The Port Security Officer or his or her appointee must discuss his or her findings with the port facility operator or the contracted security firm as soon as possible after the interview. (5) If, in the opinion of the Port Security Officer, it is apparent that the person interviewed is not conversant with the provisions of any or some of the documents referred to in sub-rule ( 1 ), the Port Security Officer must (a) bring this to the attention of the port facility operator or the contracted private security company to whom that security officer is associated; and (b) give written notice that the deficiency be corrected within a period of one month. (6) If the matter is not remedied within the period specified in the notice, the Authority may (a) in the case of a port facility operator, report the matter to the Minister of Transport or the Director General of the Department of Transport, as may be required by relevant legislation, for appropriate action; and (b) in the case of a contracted private security firm, terminate the authorisation to provide that service. 141. Access permits are required for entry into a port (1) Subject to sub-rule (9), no person may enter a portwithout a valid access permit. (2) The Authority will designate an area or areas of the port where a person is not required to obtain an access permit. (3) The Authority will determine whether a permit is issued by the Authority, the operator of a facility within a port, or both. (4) The Authority may, in respect of an access permit issued by the Authority (a) determine the manner in which a permit is issued; (b) determine the duration for which it is valid; (c) set out in the Tariff Book, the fees, if any, payable for access permits; ( d) determine the conditions of access; and (e) suspend, withdraw or cancel the permit. (5) The operator of a port facility may, with the approval of the Authority, in respect of an access permit issued by the operator (a) determine the manner in which a permit is issued; (b) determine the duration for which it is valid; (c) determine the conditions of access; and Transnet National Ports Authority Page 51 62 No. 31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (d) suspend, withdraw or cancel the permit. (6) The Authority may require the operator that issues an access permit as contemplated in sub rule Error! Reference source not found., to pay to the Authority the fees, if any, set out in the Tariff Book for access permits. (7) A person may be required to produce and show a valid access permit to an officer of the Authority or the operator of the relevant facility at any time while he or she is in the port, including at any exit point. (8) Despite anything to the contrary in these rules, entry into any part of a port or port facility within a port ls subject to the security plans for that port and that port facility as provided for by the Merchant Shipping (Maritime Security) Regulations, 2004. (9) The master of a vessel must ensure that all crew members of the vessel have an identity document that complies with the Seafarers' Identity Documents Convention, 1958 or the Seafarers' Identity Documents Convention (Revised), 2003. The Authority will determine the date when it will no longer accept identity documents that are not in compliance with the Seafarers' Identity Documents Convention (Revised), 2003. (10) The following categories of persons may enter a portwithout an access permit (a) persons authorised in terms of section 12 of the National Key Points Act No. 102 of 1980 to enter any National Key Point that is within port limits; (b) officials who are empowered in terms of any legislation to enter a port, (c) persons attending to emergencies, including doctors, paramedics and ambulance personnel attending to patients, fire fighters from local authorities and veterinary surgeons attending to animals. (11) The persons referred to in sub-rule (9) must carry a letter or card identifying the institution that they work for or identifying their membership of the relevant professional society, as the case may be. 142. Compliance with the conditions of an access permit A person in a port must comply with the conditions of his or her access permit or permits, unless the person is in an area of the port that is designated as not requiring an access permit. 143. Removal of persons and motor vehidesfrom a port The Authority may remove or cause to be removed any person who or motor vehicle that fails to comply with the provisions of these rules, the Harbour Masters or Authority's instructions or the conditions of the access permit or motor vehicle access permit. 144. Firearms (1) No person may carry a firearm within a port unless the Authority has authorised that person to do so. Transnet National Ports Authority Page 52 STAATSKOERANT, 6 MAART 2009 No.31986 63 Port Rules in terms of the National Ports Act No. 12 of 2005 (2) The Authority may impose conditions upon the manner in which a firearm may be used or carried within a pon:. (3) Despite sub-rule (1), vessels that have firearms on board must comply with rule 27 and pleasure vessels that have firearms on board must comply with rule 135. (4) The provisions of this rule do not apply to members of the following organs of state who are on official business: government law enforcement agencies, including the South African Police Service (SAPS), the South African National Defence Force (SAl'JDF), customs and the National Intelligence Agency (NIA). 145. Entry points into a port A person may only enter or leave a pol1: through an entrance or exit designated by the Authorityfor that purpose. 146. Motor vehicles in a port ( 1) A motor vehicle may only enter a pol1: or be used in a port after the Authority has issued an access permit for that motor vehicle. (2) Despite sub-rule (1), the Authority may designate an area or areas of a port where a motor vehicle is not required to obtain an access permit. (3) The Authority will determine whether a motor vehicle access permit is issued by the Authority, the operator of a facility within a port, or both. ( 4) The Authority may, in respect of motor vehicle access permits issued by the Authority itself ( a) determine the manner in which a permit is issued; (b) determine the duration for which it is valid; (c) require the holder of the permit to display proof of the permit in the motor vehicle-, ( d) set out in the Tariff Book, the fees, ff any, payable for motor vehicle access permits; (e) determine the conditions of access; and (f) suspend, withdraw or cancel the permit. (5) The operator of a port facility may, with the approval of the Authority, in respect of a motor vehicle access permit issued by the operator (a) determine the manner in which a permit is issued; (b) determine the duration for which it is valid; (c) require the holder of the permit to display proof of the permit in the motor vehicle-, (d) determine the conditions of access; and Transnet National Ports Authority Page 53 64 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (e) suspend, withdraw or cancel the permit. (6) The Authority may require the operator that issues a motor vehicle access permit as contemplated in sub-rule (5), to pay to the Authority the fees, if any, set out in the Tariff Book for motor vehicle access permits. (7) The categories of persons set out in rule 141(10) are not required to obtain a motor vehicle access permit. 147. Rail traffic within port limits (1) By virtue of section 3 of the National Railway Safety Regulator Act No. 5 of 2002, that Act applies within the ports limits. These rules do not derogate from that Act. (2) The Authority may, in the interest of safety, security, good order and the protection of environment, give directions to a train driver relating to the movement, stopping or parking of trains within a port. CHAPTER 8: LICENCES AND REGISTRATION 148. Activities to be licensed or registered The Authority may require persons who carry out activities in the ports and at off-shore cargo-handling facilities to register or apply for a licence. These activities include (a) fire protection and fire equipment installation and maintenance; (b) bunkering; (c) pollution control; (d) diving; (e) pest control; and (f) vessel agents. 149. Activities requiring licensing or registration may not be carried out without a licence or registration If a licence or registration is required, no person may carry out an activity in a port or at an off-shore cargo-handling facility without having a licence or being registered. 150. Determination of licences or registration The Authonty may determine (a) which activities carried out in the ports should be regulated by way of licence or registration; T ransnet National Ports Authority Page 54 STAATSKOERANT, 6 MAART 2009 No. 31986 65 Port Rules in terms of the National Ports Act No. 12 of 2005 (b) the manner in which applications for licences or registrations are to be invited, assessed and decided; (c) set out in the Tariff Book, the fees payable for applications for a licence or a registration, and the licence or registration itself; ( d) the qualifications and other suitable criteria, including security clearances, that applicants for licence or registration must meet in order to be licensed or registered; (e) subject to the Act and these rules, including the powers of the Harbour Master in terms of section 74(3)(b), the terms and conditions of the licence or registration. 151. Suspension, withdrawal or cancellation The Authority may, on good cause shown, suspend, withdraw or cancel a licence or registration provided that it has followed a fair procedure before the decision is taken. CHAPTER 9: GENERAL 152. Port repair facilities (1) In the interests of safety, security, good order and the protection of the environment, the Harbour Master may, in respect of any port repair facility, direct that priority be given to a vesselin a damaged or unseaworthycondition. (2) While in any port repair facility, no vessel may discharge effluent water, oil or refuse, except with the permission in writing of the Harbour Master or his or her appointee. The Harbour Master or his or her appointee may impose conditions upon the granting of permission in order to maintain safety, security, good order and the protection of the environment. 153. The Authority's port repair facilities (1) The Harbour Master determines the order of provision of port repair facility services. (2) In making the determination the Harbour Master will take into account the interests of safety, security, good order, the efficient working of the port and the protection of the environment. (3) The decision of the Harbour Master as to the use or turn of use of the Authoritys port repair facility in all cases of dispute is final. 154. Hot work permit ( 1) No hot work may be performed on a vessel or pleasure vessel within a port without a permit issued by the Harbour Master. (2) No hot work may be performed on the shore within a port without a permit issued by the Authority. (3) The Harbour Master or the Authority may inspect the place where the hot work will be performed before it issues the permit. Transnet National Ports Authority Page 55 66 No. 31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (4) The Harbour Master or Authority may impose conditions upon the performance of the hot work. 155. Repairs or maintenance to a vessel ( 1) No external repairs or maintenance to a vessel may be carried out in a port except with the permission of the Harbour Master. (2) The Harbour Master may direct that precautionary measures be implemented or the Harbour Master may impose conditions upon the permission granted to ensure safety, security, good order and the protection of the environment. (3) If the master fails to comply with the Harbour Mastels directives, the Harbour Master may withdraw his or her permission and order that work be stopped. (4) No internal repairs or maintenance to a vessel may be carried out in a port unless the master has (a) advised the HarbourMasterof the nature and extent of the repairs contemplated; ( b) obtained a hot work permit from the Authority, and (c) taken adequate precautions to guard against the risk of fire occurring through or in consequence of the carrying out of the work. (5) If, in the opinion of the Harbour Master, the precautions taken are not adequate, the Harbour Master may order that the work be stopped until precautions to the satisfaction of the Harbour Master have been taken. 156. Inspections and searches ( 1) Subject to the provisions of any legislation (a) the Authoritys authorised officials may inspect and search any person, vehicle or trailer within port limits, including at the entry and exit points of the port, and (b) no person may board a vesselwithin port limits without the permission of the masteror person authorised by the master. (2) Despite sub-rule (1) and subject to the provisions of any applicable legislation (a) the Harbour Master or any person authorised by the Harbour Master may board a vessel for purposes of investigating any matter related to the safety, security and protection of the environment of the port, and (b) the Authoritys authorised officers may board a vessel or enter any premises in the port for purposes of investigating any matter related to the safety, security and protection of the environment of the port. Transnet National Ports Authority Page 56 STAATSKOERANT, 6 MAART 2009 No.31986 67 Port Rules in terms of the National Ports Act No. 12 of 2005 157. Fumigation of vessels (1) No master may cause his or her vessel to be fumigated in a pottexcept with the permission of the Harbour Master. (2) The Harbour Master may impose conditions upon any permission granted as contemplated in sub-rule (1), in order to maintain safety, security, good order or to protect the environment. 158. Late or incomplete notices (1) The acceptance of a late or incomplete notice required in terms of these rules may be granted if there are special circumstances and it is in the interests of safety, security, the protection of the environment, good order and the efficient management and control of the pott. (2) Application in respect of the late or incomplete notice must be sought from the Authority or the Harbour Master, as the case may be. 159. Advertising (1) No person may, without the permission of the Authority (a) exhibit or cause to be exhibited any advertisement, placard, notice or sign on any land, building or structure; or (b) distribute or cause to be distributed any literature within pott limits. (2) No person may deface, damage or cause to be defaced or damaged any advertisement, placard, notice, or sign within port limits. 160. Prohibited actions (1) No person within port limits may (a) for the purposes of avoiding prosecution, give a false name or address to an employee of the Authority on duty; (b) be in a state of intoxication or behave in a threatening or violent manner; (c) do anything wilfully or negligently that may cause injury to persons or damage to property or the environment; ( d) commit any nuisance or act of indecency or use any defamatory language; (e) take photographs or film without the Authoritys permission; (f) write, draw or affix any defamatory matter upon any premises or property of the Authority within port limits; T ransnet National Ports Authority Page 57 68 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in terms of the National Ports Act No. 12 of 2005 (g) remove or deface the writing on a notice board or document set up or posted by order of the Authority or deface the writing on a board or a notice authorised by the Authorityto be exhibited; (h) obstruct or do anything likely to obstruct the authorised use of a portfacility; and (i) interfere with or hinder an employee of the Authority in the execution of his or her duty. (2) The Authority may exempt categories of persons from the prohibition referred to in sub rule (l)(e). 161. Dredging The Harbour Master will, as far as it is practicable and reasonably possible, ensure that the depth of the channels and the port is kept at a depth not less than the promulgated depths for channels, basins and berths of the port. 162. Declaration of a wharl The Authority may at any time declare and define a certain area within the limits of the port to be a wharf on which cargo may be landed and from which cargo may be shipped in vesse/5. 163. Breaking up and removal of wrecks in a port (1) No person may break up or remove a wreck, hulk or vessel within port limits without the written permission of the Harbour Master. (2) The Harbour Master may impose conditions upon the granting of this permission in order to maintain safety, security, good order and the protection of the environment. (3) No permission will be granted unless the applicant has provided security to the satisfaction of the Authority, in an amount not exceeding the cost that the Authority estimates for breaking up and removal of the wreck. (4) If the applicant fails to remove every part of the wreck, hulk or vessel within the period stipulated by the Authority, the Authority may use the security to remove those parts of the wreck, hulk or vessel that have not been removed by the applicant. Any additional costs will be for the account of the applicant who undertook to remove the wreck. (5) This rule does not apply to historic wrecks. 164. Information to be furnished by port users Despite the provisions of these rules, the Authority may request infonnation from users of the port in relation to any of their activities within port limits and that information must be furnished to the Authoritywhen requested. Transnet National Ports Authority Page 58 STAATSKOERANT, 6 MAART 2009 No. 31986 69 Port Rules in terms of the National Ports Act No. 12 of 2005 165. Manner in which time is to be specified If a report or notice is made or given in terms of these rules and it requires a time to be specified, then the time must be specified in local time (UTC + 2), using the 24-hour clock system. 166. Changes in information to be reported A person who provides information to the Authority pursuant to these rules must ensure that the Authority is provided with any significant change in the information as soon as it is reasonably possible. 167. Liability of the Authority Neither the Authority nor an employee or a representative of the Authority is liable for loss or damage caused by anything done or omitted by the Authority, the employee or the representative in good faith whilst performing any function in terms of these rules. 168. Observance of other laws and conventions The provisions of these rules do not exempt any person from the due observance of the provisions of any other law or convention that applies within a port 169. Offences (1) A person is guilty of an offence if he or she contravenes rule 7, lO(e), 34(1), 64(1), 64(2), 65(2), 65(4), 66, 75(1), 76, 79,80, 820,83(1), 83(1), 85(1), 86(1), 86(2), 86(3), 86(7), 86(8), 91, 96, 97, 104, 159, 141(1), 142, 0(1), 145, 0Error! Reference source not found., 0Error! Reference source not found. to Error! Reference source not found., OError! Reference source not found., 149, 156(1)(1)(b), 157(1), 158 or 163. (2) The master of a vessel is guilty of an offence if he or she contravenes rules 16(1), 20(1), 27, 30, 36, 54Error! Reference source not found., 54(1), 55, 56, 69, 70, 72, 84(3), 84(4), 88, 93, 101(1), 154(1), 154(2), 155(1), 155(4), (3) The master of a pleasure vessel is guilty of an offence if he or she contravenes rule 124(1),126, 131, 132(1), 133, 135, 136(1) or 154(1). 170. Transitional arrangements A licence issued by the Authority or permission granted, order or direction given by the Authority or other action lawfully taken under repealed legislation remains valid until the licence, permission, order ,direction or action expires or is suspended or cancelled in terms of the Act or these rules. Transnet National Ports Authority Page 59 70 No.31986 GOVERNMENT GAZETTE, 6 MARCH 2009 Port Rules in tenns of the National Ports Act No. 12 of 2005 ANNEXURE 1 (RULE (l)(YY)) INSHORE VESSEL TRAFFIC SERVICES ( VTS) ZONES Column 1 Column 2 Item Vessel traffic Description services zones 1 Saldanha Bay and All South African waters contained within approaches A. cape Columbine 32°49'.6 s 017°50'.9 E B. 33°00·.o s 017°30'.0 E C. 33°25'.0 s 017°45'.0 E D. Yzerfontein Point 33°21'.0 s 018°08'.6 E 2 Table Bay and All South African waters contained within approaches A. Bok Point 33°34'.0 s 018°18'.4 E B. 33°45'.0 s 018°02'.5 E C. 34°00·.o s 018°10'.0 E D. Duiker Point 34°02'.4 s 018°18'.6 E 3 Port Elizabeth and Al 34°01.7' S 25°47.4' E, a line to St,. Croix Island approaches bearing 330° (T) to the shore high water mark. Bl 33°54.3' s 25°50.0' E, a line to cape Recife bearing 270° (T) to the shore high water mark. 4 Durban and A radius of 12 nautical miles from 29°50.2' S and 31 °05.8' approaches E to the shore high water mark. 5 Richards Bay and A radius of 15 nautical miles from south breakwater approaches position 28°48.86' S and 32°05.85' E to the shore high water mark. Transnet National Ports Authority Page 60 http:32�05.85 http:28�48.86