PORTS
Act 3 of 1998 – 1 August 1998
Amended 21/03; GN 203/03; 28/04
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
1Short title
2Interpretation
PART II – CONSTITUTION AND FUNCTIONS OF AUTHORITY
3Establishment of Authority
4Functions and duties of Authority
5Port masterplan
6The Board
7Meetings of the Board
8Director-General
9Delegation of powers
10Port users’ council
11Powers of the Minister
12Annual reports
13Appointment of staff
14Conditions of service of staff
15Protection of members and employees
PART III – FINANCIAL PROVISIONS
16Principles of financial management
17Capital and borrowing
18Investments
19–
20Rates, charges, dues and fees
21Power of entry into vessels
22Power to distrain
PART IV – GENERAL POWERS AND DUTIES
23General powers
24Licensing
25Limits of ports
26Land and buildings
27Power to construct works
28Control of development
29Power to allocate facilities for exclusive use
30Protection of the environment
PART V – NAVIGATION AND OTHER BUSINESS IN PORTS
31Powers of officers
32Directions of Port Master
33Clearance of vessels
34Pilotage services
35Licensing of pilots
PART VI – HANDLING, STORAGE AND DISTRIBUTION OF GOODS IN PORTS
36Provision of cargo handling and port services
37Suspension and revocation of contract or licence
38Submission of information
39Power to remove goods
40Power to dispose of goods
41Bonded warehouses
PART VII – LIABILITY OF THE AUTHORITY AND LICENSED OPERATORS
42Liability for transshipment goods
43Liability for goods other than transshipment goods
44Exemption from liability
45Liability for vessel under pilotage
46Liability in respect of dredging
47Limitation of liability for damage to vessels
48Limitation of liability in respect of one occasion
49Saving
PART VIII – CONSERVANCY
50Dredging
51Power to raise and remove wrecks
52Power to deal with idle vessels
53Removal of obstructions other than vessels
54Removal of vehicles and obstructions
55Pollution of a port
56Protection of acts of the Authority
57Power to investigate discharge of pollutants
58Power to detain vessels
59Power to inspect International Oil Pollution Prevention Certificates
60Power to deny entry to vessels
61Provision of reception facilities
62Provision of fire and emergency service
63Fire on board
64Power of entry during an emergency
PART IX – MISCELLANEOUS
65Regulations
66Damage to Authority’s property
67Power of arrest
68Jurisdiction
69-72–
SCHEDULE
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PART I – PRELIMINARY
1Short title
This Act may be cited as the Ports Act.
2Interpretation
(1) In this Act –
“Authority” means the Mauritius Ports Authority established under section 3;
“Board” means the Board referred to in section 6;
“Chairman” means the Chairman of the Board;
“Comptroller” means the Comptroller of Customs;
“Director-General” means the person appointed as such under section 8;
“Director of Shipping” means the Director of Shipping appointed under the Merchant Shipping Act;
“employee” means an employee of the Authority;
“goods” means all articles and merchandise of every description and includes fish, livestock and animals;
“idle ship” means a ship which has been lying in port premises without cargo being loaded or unloaded or repairs being conducted, or has been abandoned, or for the sailing or operation of which there are no plans nor prospects, or which has no crew assigned to it for its manning, or has been declared to be unfit for sailing unless major repairs are conducted on it, by an inspector pursuant to the Merchant Shipping Act, Part V, or any other applicable enactment;
“land” includes land covered by water;
“landlord port” means a port authority which acts as developer of port facilities and regulator and controller of port activities of private and public port operators and of land use, and as provider of marine services;
“licence” means a licence issued under this Act or any subsidiary enactment made under it;
“licensed operator” means a person or body of persons licensed under section 24;
“licensed pilot” in relation to any area, means a person licensed under section 35 for that area and, in relation to any vessel, a person so licensed in respect of vessels of that description;
“master”, in relation to a vessel, means a person, other than a pilot, having the command, charge or management of the vessel;
“member” means a member of the Board and includes the Chairman;
“Minister” means the Minister who is responsible for ports;
“officer” means an employee of the Authority specially designated by the Authority to act as such;
“owner”, in relation to goods, includes a consignor, consignee, shipper or agent for the sale, receipt, custody, loading or unloading and clearance of those goods and includes any other person in charge of the goods or his agent and, in relation to a vessel, includes a part owner, broker, charterer, agent or mortgagee in possession of the vessel or other person entitled for the time being to possession of the vessel;
“pilot” means a person not belonging to a vessel who has the conduct thereof;
“port” means a port specified in the Schedule;
“Port Master”, in relation to a port, means the officer appointed as such under section13;
“port masterplan” means a plan prepared under section 5;
“port premises” means any land, landing place, building, shed, quay, wharf, water or place vested in the Authority or under its control;
“registered tonnage” means –
(a) the registered net tonnage denoted in a vessel’s certificate of registration or other appropriate document acceptable to the Authority; or
(b) where the document shows dual tonnage, the higher registered net tonnage;
“transshipment goods” means goods which are –
(a) landed from a vessel and placed in the custody of the Authority for the purposes of shipment on another vessel on a through bill of lading dated at the port of loading of the goods and showing that the final destination is via Mauritius; and
(b) declared on a transshipment manifest lodged with the Authority before or at the time the goods are placed in its custody;
“vehicle” includes a vehicle propelled on rails, machinery on wheels or caterpillar tracks, a trailer, caravan or mobile home and includes a hovercraft or other amphibious vehicle;
“vessel” includes every description of vessel however propelled or moved, and includes a dredger, a hovercraft, a hydrofoil vessel, anything constructed or adapted to carry persons or goods by water and a flying boat or seaplane on or in the water;
“wharf” means any wharf, quay, pier, jetty or other place at which sea-going vessels can ship or unship goods or embark or disembark passengers.
(2)In this Act, references to a vessel navigating or being navigated include references to its moving or being moved within a port for the purpose of changing from a mooring to another or of being taken into or out of a dock.
PART II – CONSTITUTION AND FUNCTIONS OF AUTHORITY
3Establishment of Authority
(1) The Mauritius Marine Authority established under the Ports Act 1975 shall be deemed to have been established under this Act under the name of the Mauritius Ports Authority.
(2) The Authority, which shall be a body corporate, shall be the sole national port authority to regulate and control the port sector and provide marine services.
4Functions and duties of Authority
(1) Subject to this Act, it shall be the function and duty of the Authority as a landlord port to –
(a) provide and improve port infrastructure, superstructure, heavy equipment and related facilities;
(b) provide marine services and navigating aids, and assist in sea rescue;
(c) regulate and control –
(i) shipping, navigation, dredging and other related matters in ports;
(ii) the entry of vessels in ports, their stay, movements or operations in, and departure from ports, the loading, unloading and storage of cargo and containers and the landing and embarkation of passengers; and
(iii) pollution and protection of the environment within ports, and the enhancement of safety and security;
(d) provide for the welfare of employees, and of persons working or living on a vessel in a port;
(e) enter into concession contracts for the provision of port and cargo handling services by qualified and licensed operators under such general terms and conditions as the Authority may determine;
(f) promote the use, improvement and development of ports;
(g) exercise licensing, regulating and controlling functions in respect of port and marine services not provided by the Authority;
(h) implement Government port policies and keep them under review, and advise the Government on all matters concerning the port sector, its facilities, services and related issues; and
(i) regulate and control the development within ports in accordance with approved port master plans, and to be the responsible authority for land use control in the port area with the power to lease land under such terms and conditions as the Authority may determine.
(2) Nothing in subsection (1) shall be construed as limiting the power of the Authority to do any thing reasonably necessary for or incidental to the discharge of its functions of effective and economical management, planning and control of the ports of Mauritius.
(3) The Authority may, as it thinks fit, engage in operations for the salvage of ships and cargo whether inside or outside ports.
5Port masterplan
(1)The Authority shall prepare and periodically update a port masterplan for each port which shall formulate its policy for port development and land use.
(2)The Authority shall be responsible for the proper implementation of every port masterplan.
6The Board
(1) (a)The administration of the affairs of the Authority shall vest in a Board.
(b)The Board shall perform, exercise and discharge the functions, powers and duties of the Authority.
(2)The Board shall consist of –
(a)a Chairman appointed by the Minister;
(b)a representative of the Minister;
(c)the Director-General;
(d)three members appointed by the Minister from representatives of commercial, shipowning or other users’ interests; and
(e)not more than 3 other members as the Minister may determine.
(3) Every appointed member shall –
(a) be a person who, in tbe Minister’s opinion, has had experience and shown capacity in the field of port management, industry, commerce, finance or administration or has some special knowledge or experience that renders him a fit and proper person to be a member; and
(b) hold office for a period not exceeding 2 years and shall be eligible for reappointment.
(4)(a)A member of the Assembly shall not be qualified to be an appointed member.
(b)Every appointed member shall vacate his office if he becomes a member of the Assembly.
(5) Where it appears to the Minister that a member is incapacitated by absence from Mauritius or illness or any other sufficient cause from performing the duties of his office the Minister may appoint another person to hold office in his place until such time as the Minister is satisfied that the incapacity of that person has terminated or until the term of such member expires, whichever first occurs.
(6) Every member shall be paid by the Authority such remuneration or allowance as the Board may determine.
(7) Any appointed member of the Board may resign his office by notice in writing addressed to the Minister;
7Meetings of the Board
(1)The Board shall meet for the despatch of business in the main office of the Authority unless circumstances, in the judgment of the Chairman, call for a meeting elsewhere.
(2)In the absence of the Chairman at a meeting, a member appointed by a vote of the members present shall chair the meeting.
(3)The Board shall meet –
(a)not less than once every 3 months; and
(b)at such other time as may be requested by not less than 3 members.
(4) 5 members of the Board shall constitute a quorum.
(5) Questions arising at any meeting of the Board shall be decided by a majority vote of the members present and voting thereon and, in the case of an equality of votes, the Chairman of the meeting shall have a casting vote.
(6) If any member identifies a matter to be considered at a meeting of the Board in which he has directly or indirectly any financial or other interest, he shall, as soon as practicable after he has knowledge of such matter and of such interest, disclose in writing the fact to the Board and he shall not take part or further part in the consideration of the matter, or vote on any question with respect to that matter and he shall, subject to subsection (7), withdraw from the meeting during such consideration.
(7) The withdrawal of a member under subsection (1) shall not disqualify the member for the purpose of constituting a quorum.
8Director-General
(1) There shall be a chief executive officer of the Authority who shall –
(a)be known as the Director-General; and
(b)be appointed by the Board subject to the Minister’s approval.
(2) The Director-General shall –
(a) be responsible for the execution of the policy of the Board and implementation of its regulatory and control functions, and for the control and management of the day-to-day business of the Authority;
(b) have power to exercise supervision and control over the acts and proceedings of all employees of the Authority in matters of executive administration; and
(c) concerning the accounts and records of the Authority and, subject to any instructions and rules given or made by the Board, have the power to dispose of all questions relating to the service of said employees.
(3) In the exercise of his functions the Director-General shall act in accordance with such directions as he may receive from the Board.
(4) (a)Subject to paragraph (b), the Director-General may, in case of emergency, direct –
(i)the execution of any work or the doing of any act which the Authority is empowered to execute or do and which he is not by this Act or any standing order or rule or regulation made under it expressly empowered to do and the immediate execution or doing of which is, in his opinion, necessary for the operation of the port services or the safety of the public; and
(ii)that the expenses of executing the work or doing the act shall be paid from the fund of the Authority.
(b)The Director-General shall –
(i)not act under this subsection in contravention of any resolution of the Board passed at a meeting; and
(ii)where he acts under this subsection, report his action to the next following meeting of the Board.
(5)(a)The Director-General may delegate his functions or any power delegated to him under section 9 to an officer.
(b)Where the Director-General delegates any function or power under paragraph(a), he shall report any such delegation as soon as possible to the Board for confirmation.
9Delegation of powers
(1)Subject to such instructions and rules of a general and specific nature as it may give or make, the Board may delegate to the Director-General such of its powers under this Act, other than the power –
(a)to borrow money;
(b)to make investments; or
(c)to enter into any transaction in respect of capital expenditure, as may be necessary to assist in the effective management of the business of the Authority.
(2) (a)Where the amount involved does not exceed one million rupees, the restrictions under subsection (1) shall not apply.
(b)The Director-General shall report any such borrowing, investments or transaction as soon as possible to the Board.
10Port users’ council
(1)The Authority may appoint one or more port users’ councils consisting of representatives of persons interested in the operation and use of a port.
(2)In appointing the persons under subsection (1), the Authority shall have regard to any representations made by users of the port and by persons providing port or marine services or facilities.
(3)The Authority may consult a port users’ council on any matter concerning the port, including, without prejudice to the foregoing generality –
(a) the provision of port and marine services and facilities;
(b) the rates, charges, dues and fees levied by the Authority; and
(c) the expansion or development of the port.
(4) The Authority may consider any matter concerning a port which may from time to time be referred to it by the port users’ council.
11Powers of the Minister
(1)The Minister may, in relation to the exercise of the functions of the Authority, after consultation with the Authority, give such general directions to the Authority, not inconsistent with this Act, as he considers necessary in the public interest and the Authority shall comply with those directions.
(2)The Authority shall furnish to the Minister such information with respect to the activities of the Authority, in such manner and at such times, as the Minister may require.
(3)The Authority shall furnish to the Minister such returns or copies of such documents, including the minutes of proceedings and the accounts of the Authority, in such manner and at such times as the Minister shall require.
(4) (a)The Minister may approve any regulations made by the Authority either without modification or with such modification as he thinks fit for reasons which he shall communicate to the Authority.
(b)Where the Minister proposes to approve such regulations with modifications, he shall afford the Authority the opportunity of making representations with respect to the proposed modifications and shall consider any such representations.
12Annual reports
The Authority shall submit to the Minister an annual report of its activities together with its audited accounts within 6 months of the end of its financial year.
13Appointment of staff
The Board –
(a) may appoint one or more Deputy Directors-General;
(b) shall appoint a Port Master and one or more Assistant Port Masters for one or more ports for the purposes of this Act; and
(c) may employ, on such terms and conditions as it thinks fit, such other employees as may be necessary for the proper discharge of its functions.
14Conditions of service of staff
The Board may make provision, in such form as it may determine, to govern the conditions of service of employees and, in particular, to deal with –
(a)the appointment, dismissal, discipline, pay, leave of, and the security to be given by, employees;
(b)appeals by employees against dismissal or other disciplinary measures; and
(c)the establishment and maintenance of provident, pension fund and welfare schemes and the contributions payable to and the benefits recoverable from those schemes.
15Protection of members and employees
(1)No liability, civil or criminal, shall attach to any member or employee in respect of loss arising from the exercise in good faith by him of his functions under this Act.
(2)Every employee shall, for the purposes of the Public Officers’ Protection Act be deemed to be a public officer.
PART III – FINANCIAL PROVISIONS
16Principles of financial management
(1) The Authority shall conduct its business on sound commercial principles with the objective of achieving sufficient return on investment to enable it to provide a sustained efficient service at minimum costs.
(2) The Authority shall ensure that its revenues are sufficient to produce on the fair value of its assets a reasonable rate of return measured by taking its net operating income as a percentage of the fair value of its net fixed assets in operation.