Port Authority Act


Published: 1973

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Port Authority (CAP. 333 1

CHAPTER 333

THE PORT AUTHORITY ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.

PART I

THE AUTHORITY

3 . Establishment and Constitution of Port Authority.
4. Vesting of certain property, rights and liabilities in the

Authority.
5. Functions of Authority.
6. Powers of Authority.
7. Power of Authority to delegate.
8. Power of Minister to give policy directions.
9. Accommodation of Comptroller.

PART I1

FINANCIAL PROVISIONS

10. Power to borrow or raise capital.
1 1. Powers of the Authority to borrow from Government.
12. Application of Revenue.
13. Authorised investments.
14. Rates, etc. chargeable by the Authority.
15. Accounting of Authority.
16. Cash deposits and payments.
17. Rules.
18. Annual report.
19. Exemption from customs duty, consumption tax, income
\ tax and property tax.

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2 CAP. 333) Port Authority

Section
PART I11

RESPONSIBILITY OF THE AUTHORITY AS A
WAREHOUSEMAN

20. Liability for loss etc. of goods.
21. Limitation of loss etc. where false account given.
22. Burden of proof in proceedings brought under section 20.

PART IV

GOODS

23. Power to determine conditions for carriage and
warehousing of goods.

24. Description etc. of goods to be delivered.
25. Unclaimed goods in the possession of the Authority.
26. Dangerous or offensive goods, etc.

PART V

GENERAL

27. Tariff book etc.

PART VI

ACCIDENTS

28. Accidents to be reported.
29. Inquiries into accidents.
30. Authority to make a return of accidents.

PART VII

SPECIAL PROVISIONS RELATING T O HARBOURS

3 1. Harbours.
32. Compulsory pilotage harbours.
33. Passengers, etc. to be embarked etc. only at a harbour.
34. Master to supply information.
35. Harbour rates and charges may be levied.
36. Power to arrest ship for harbour rates and charges.
37. Master required to obtain certificate of authorised

employee before requesting outward clearance from
the Customs.

38. Power of authorised employee with respect to wrecks etc.
39. Port Manager may retain goods until freight etc. is paid.

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I Port Authority (CAP. 333 3
I
f

I Section
r 40. Liability for demurrage.
i 41. Master responsible for contravention of Act.
t 42. Delivery to Masters of copy of Act.

PART VIII

OFFENCES

43. Damaging property in a manner likely to endanger life.
44. False returns.
45. Person endangering safety of operations.
46. Person demanding improper amount.
47. Miscellaneous summary offences.
48. Navigating without pilot in compulsory p i l ~ a g e harbour.
49. Offences by masters.
50. Power of arrest or removal.
5 1. Place of trial.
52. Authorised employees to have powers of Police.

t
PART IX

1 REGULATIONS
53. Regulations.

s FIRST SCHEDULE.
v

I SECOND SCHEDULE. THIRD SCHEDULE.
S

PORT AUTHORITY

(4th July, 1973.) 911973.
1111973.
1411986. ' , '
1811989.

i
1. This Act may be cited as the Port Authority Act. Short title. e r

7 2. In this Act- Interpretation.
!
1

6 ' accountant" means the person appointed by the 1 . Authority as accountant under the provisions of the
1 Second Schedule and includes any officer of the
3

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4 CAP. 333) Port Authority

Authority acting under the general or special direc-
tions of the accountant;

"animal" means any animate thing of any kind what-
soever except a human being;

"Authority" means the Port Authority established under
section 3;

"authorised employee" means a person authorised by
the Authority to exercise the powers or perform
the duties in respect of which the expression is used;

"basin" means the dredged portion of any harbour
abutting on to any wharf operated by or on behalf
of the Authority, but does not include any dredged
channel to such dredged portion;

" cargo" includes all kinds of goods, wares, minerals,
merchandise, and livestock, but does not include
fuel or ship's stores loaded in or carried by a vessel
for use on board such vessel;

"Chairman" means the Chairman of the Authority
appointed by the Governor-General under the pro-
visions of the First Schedule and includes any
person for the time being performing the functions
of the Chairman;

"charges" means all sums received or receivable,
charged or chargeable for or in respect of the
carriage or warehousing of goods by means of the
Authority or for or in respect of any ship, harbour
or other service performed or facility provided by
means of the Authority;

"Comptroller" means the Comptroller of Customs and
includes any officer of the Customs Division acting
under the general or special orders of the
Comptroller;

"dangerous goods" means any goods defined as such
by regulations made under section 53;

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Port Authority ( C A P . 333 5

"ferry" means any vessel plying from one side of the
waterway to the other for the purpose of the carriage
of goods or passengers;

"financial year" means such period of twelve months
as the Authority with the approval of the Minister
may determine to be its financial year, so, however,
that the first financial year shall be the period com-
mencing with the commencement of this Act and
ending with such day as may be fixed by the
Authority with the approval of the Minister;

"goods" means all kinds of goods, wares, minerals,
merchandise and livestock;

"harbour" means any harbour or port specified in the
Third Schedule together with all wharves, jetties,
slips, docks and the machinery, plants, tools and
other property appertaining thereto vested by sec-
tion 4 in the Authority;

"master" in relation to a ship means any person (other
than a pilot) having charge for the time being of
that ship;

"Minister" means the Minister responsible for ports
and harbours;

"offensive goods" means goods defined as such by
regulations made under section 53;

< < owner" in relation to goods means any person who
is for the time being entitled, either as owner or
as agent for the owner, to the possession of these
goods;

"perishable goods" means goods liable to rapid
deterioration and in particular, includes fish, fruit,
vegetables, bread, meat, poultry, game, butter,
eggs, milk, cheese, plants, small animals and any
other thing which the Minister may prescribe;

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CAP. 333) Port Authority

"pilot" means a person for the time being authorised
in accordance with regulations made under this Act
to pilot ships;

"Police Force" means the Royal Antigua and Barbuda
Police Force:

"Port Manager" means the officer appointed by the
Authority as Port Manager under the provisions
of the Second Schedule and includes any officer of
the Authority acting under the general or special
directions of the Port Manager;

"public officer" shall have the meaning assigned to it
by the Constitution;

6 < rates" includes all sums which may, under the pro-
visions of this Act or regulations made thereunder,
be levied for or in respect of the carriage or
warehousing of goods by means of the Authority
or for or in respect of any ship, harbour or other
service performed or facility provided by means of
the Authority;

"ship" includes any ship, vessel, tug, lighter or boat
of any kind whatsoever whether the same is pro-
pelled by steam or otherwise or is towed;

"Tariff Book" means the Tarriff Book prepared and
published under the provisions of section 27;

< 6 vehicle" includes carriages, wagons, carts, petrol or
electrical vehicles, bicycles, tricycles, vans, hand
carts, sledges, trucks, barrows and all other
machines for the portage of goods or persons;

"warehouse" includes any building or part of a building,
place, wagon, ship or vehicle used for the purpose
of warehousing or depositing goods by means of
the Authority;

"wharf' means any wharf in Antigua and Barbuda con-
trolled and operated by the Authority and includes
any basin connected therewith, the quay walls, jet-
ties and piers of such wharf.

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Port Authority (CAP. 333 7

(2) A reference in this Act to a Part or section or
Schedule shall, unless the contrary intention appears, be read
as a reference to a Part or section or Schedule of this Act;
and a reference in this Act to a subsection, paragraph or
subparagraph shall, unless the contrary intention appears,
be read as a reference to a subsection, paragraph or sub-
paragraph, as the case may be, of the section in which the
reference appears.

(3) In this Act and in all documents issued under this
Act, unless the context otherwise requires, the expression:-

-(a) "accepted by the Authority" subject to the pro-
visions of any regulations made under this As-r means
accepted by an authorised employee in the course of
his duty for carriage or warehousing in accordance with
the provisions of this Act or any regulations made
thereunder;

( b ) "delivered to the Authority", subject to the
provisions of any regulations made under this Act,
means delivered to an authorised employee in the course
of his duty under this Act or any regulations made
thereunder;

(c) "the possession of the Authority", subject to
the provisions of any regulations made under this Act,
means the possession of any authorised employee in the
course of his duty under this Act or any regulations made
thereunder;

(6) "the purposes of the Authority" means any
purpose necessary or desirable for the performance of
the services or the provision of any facilities authorised
to be performed or provided by means of the Authority
under this Act or any regulations made thereunder.

PART I

THE AUTHORITY

3. (1) There is hereby established a body to be called Establishment
and Constitution

the Port Authority which shall be a body corporate with of port
perpetual succession and a common seal with power to Authority.
purchase, take, hold and dispose of land and other property,

'to enter into contracts, to sue and be sued in its said name
and to do all things necessary for the purposes of this Act.

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8 CAP. 333) Port Authority

First Schedule. (2) The provisions of the First Schedule shall have effect
as to the constitution, members, committees, operations,
procedure and meetings of the Authority and otherwise in
relation thereto.

(3) The seal of the Authority shall be authenticated in
the manner prescribed in the First Schedule and shall be
judicially and officially noticed.

Second Schedule. (4) The provisions of the Second Schedule shall have
effect as to the officers and employees of the Authority their
appointment, dismissal and conditions of service and other-
wise in relation thereto.

Vesting of
certain property,

4. (1) Upon the date of coming into operation of this
rights and Act all lands, buildings, installations, equipment and all other
liabilities in the forms of property, whether real or personal, and all interests Authority.

therein, of whatsoever nature, belonging to the Government
in Antigua and Barbuda and used exclusively for the purposes
of the Port Department shall become vested in the Authority.

(2) Notwithstanding any of the provisions of this Act,
except with the prior written permission-

(a) of the Governor-General acting in accordance
with the advice of the Cabinet, the Authority shall not
dispose of by sale, lease, sub-lease, mortgage, easement,
or otherwise any land or interest in land vested in the
Authority;

(b) of the Cabinet, the Authority shall not dispose
of by sale, bailment, or otherwise, or turn to account,
any personal property or interest therein vested in the
Authority.

(3) If any question shall arise under subsection (1)
whether any land, building, installation, equipment or other
form of property was used exclusively for the purposes of
the Port Department a certificate under the hand of the
Minister shall be conclusive.

(4) Upon the date of coming into operation of this Act
the benefits and burdens of any contract for or in connec-
tion with port and harbour services and facilities to which
the Government is a party (including the right to recover

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 9

and receive all moneys due and payable to the Government)
and which subsists or is in force immediately before such
date of coming into operation, shall be deemed to have been
transferred from the Government to the Authority.

(5) Upon the date of coming into operation of this Act
every agreement as respects any land, building, installation,
equipment or any other form of property whether real or
personal, in connection with port and harbour services and
facilities (other than a contract referred to in subsection (4))
whether that agreement is in writing or not, and every deed,
bond or other instrument as respects any land, building,
installation, equipment or other form of property whether
real or personal, in connection with port or harbour servkes
and facilities, to which agreement, deed, bond or other
instrument the Government was party or which affected the
Government, and whether or not of such a nature that the
rights, liabilities and obligations thereunder could be
assigned, shall have effect as if the Authority were a party
thereto or affected thereby instead of the Government and
as if for every reference (however worded and whether
expressed or implied) therein to the Government there were
substituted in respect of anything to be done on or after such
date of coming into operation a reference to the Authority.

(6) Any proceedings upon any contract, agreement,
deed, bond or other instrument to which reference is made
in subsections (4) and (5) which are pending immediately
before the date when this Act comes into operation and to
which the Government was a party shall be continued as
if the authority was a party thereto in lieu of the Government.

5 . (1) It is the function of the Authority- Functions of
Authority.

(a) to develop the harbours of Antigua and Barbuda
described in the Third Schedule and such other har-
bours as may from time to time be vested in the
Authority;

(6) to operate port services in accordance with this
Act;

(c) to collect the dues and charges authorised by
this Act or by any regulations made thereunder; and

(6) generally to be responsible for the carrying out
of the provisions of this Act.

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10 CAP. 333) Port Authority

Powers of
Authority.

(2) The development of the harbours and the opera-
tion of the port services include the following-

(a) the provision and maintenance of facilities for
the entry and berthing of ships, the landing and
embarkation of passengers, the loading, unloading,
storage and warehousing of cargo;

( 6 ) the provision and maintenance of equipment
for hoisting, lifting and transportation of cargo;

(c) the erection, equipment and maintenance of
quays, wharves, jetties, locks, and piers;

(d) the provision of docking facilities, slipways and
machine shops;

(e) the provision of lights and beacons, towage
services, fire-fighting services, watering services, bunker-
ing services, rescuing services, dredging services, salvage
services, repair services and such other services as are
ordinarily required by ships coming into port in the
course of their voyages.

6. (1) With respect to the carrying out of any duties
falling within its function, the Authority may arrange for
the duties to be carried out either by the Authority directly
through its own officers, servants, and employees, or
indirectly through persons with whom the Authority has
entered into contract; and for that purpose the Authority
may lease any lands, buildings, facilities or equipment.

(2) The Authority may for the purpose of the discharge
of its functions:-

(a) carry on all activities the carrying on of which
appear to it to be requisite, advantageous or convenient
for or in connection with the discharge of its said
functions;

( 6 ) promote the carrying on of any such activities
by other bodies or persons, and for that purpose may
establish or expand, or promote the establishment or
expansion of, other bodies to carry on any such activities
either under the control or partial control of the
Authority or independently, and may give assistance
to such bodies or to other bodies or persons appearing

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Port Authority (CAP. 333 1 1

to the Authority to have facilities for the carrying on
of any such activities, including financial assistance by
the taking up of share or loan capital or by loan or
otherwise;

( 6 ) carry on any such activities in association with
other bodies or persons including Government
authorities or as managing agents or otherwise on its
own behalf;

(6) do anything and enter into any transaction
whether or not involving expenditure, borrowing,
granting of loans or investment of money in accordance
with the provisions of this Act in that behalf, the
acquisition of any real or personal property ~ i g h t s ,
which in its opinion is calculated to facilitate the proper
discharge of its functions or is incidental or conducive
thereto.

7. Subject to the provisions of this Act the Authority
to

may delegate to any member or committee of the Authority delegate.
the power and authority to carry out on its behalf such duties
as the Authority may determine.

8. (1) The Minister may, after consultation with the E;:.Y~'~~ rive
Chairman give to the Authority such directions as to the policy directions.
policy to be followed by the Authority in the performance
of its functions as appear to the Minister to be necessary
in the interests of Antigua and Barbuda and the Authority
shall give effect to such directions.

(2) The Authority shall furnish the Minister with such
returns, accounts and other information as he may require
with respect to the property and activities of the Authority
and shall afford to him facilities for verifying such informa-
tion in such manner and at such times as he may reasonably
require.

9. The Authority shall provide and maintain from ~ ~ ~ ; $ ~ ~ ~ ~
time to time such reasonable office accommodation and
facilities as the Comptroller shall require for the carrying
oyt of their duties by the officers of the Customs Division
within a harbour.

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12 CAP. 333) Port Authority

PART I1

FINANCIAL PROVISIONS
Power to borrow
or raise capital.

10. (1) The Authority may, from time to time, with
the approval of the Minister responsible for finance borrow,
secure or raise money by the issue of debentures or deben-
ture stock, or other security, for all or any of the following
purposes-

(a) the provision of working capital;

( b ) the fulfilling of the functions of the Authority
under this Act;

(c) the provisions of capital for the expansion of
and additions to, its fixed assets;

(6) the redemption of any debenture or debenture
stock or other security that the Authority is required
or entitled to redeem;

(e) any other expenditure properly chargeable to
capital account.

(2) The Authority may, from time to time, borrow by
way of overdraft or otherwise for periods not exceeding one
year such sums as the Authority may require for meeting
its obligations and discharging its functions under this Act.

Powers of the
Authority to

1 . (1) The Authority may with the approval of the
borrow from Minister responsible for finance, from time to time, borrow
Government. by way of advances from the Government such sums as may

be necessary for carrying out its functions under this Act.

(2) For the purpose of making approved advances to
the Authority under this section, the Minister responsible
for finance may authorise advances out of the proceeds of
any loan raised for the purpose or out of the reserve fund,
revenues or surplus balances of Antigua and Barbuda.

(3) Pending the raising of any such loan, the Minister
responsible for finance by warrant under his hand may
authorise the Accountant-General to make advances out of
the revenues of Antigua and Barbuda to the Authority in
such sums and on such terms and conditions as the Minister

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Port Authority (CAP. 333 13

responsible for finance may think fit for the purposes autho-
rised by this Act.

(4) The repayment of any such advances and the pay-
ment of interest thereon shall be made by the Authority in
like manner and on like conditions as borrowings by the
Authority, subject to any special terms and conditions which
may be stipulated with respect to any such advance by the
Minister responsible for finance upon the making thereof.

12. (1) The revenue of the Authority for any financial Application of
Revenue.

year shall be applied in defraying the fol lowi~charges-

(a) the remuneration, fees and allowances of the
members of the Authority or of any committee thereof;

( b ) the salaries, fees, remuneration and gratuities,
including payments for the maintenance of the Provi-
dent Fund or Pension Fund authorised by this Act, of
the officers or agents and employees, and technical and
other advisers, of the Authority;

(c) working expenses, and expenditures on, or pro-
vision for, the maintenance of the property and of any
of the works of the Authority, and the insurance of the
same and the discharge of the functions of the Authority
properly chargeable to revenue account.

(6) interest on any debenture and debenture stock
or other security issued, and on any loan raised by the
Authority;

(e) sums required to be transferred to a sinking fund
or otherwise set aside for the purpose of making provi-
sion for the redemption of debentures or debenture stock
or other security or the repayment of other borrowed
money;

Cf) such sums as it may be deemed appropriate to
set aside in respect of depreciation on the property of
the Authority having regard to the amount set aside
out of the revenue under paragraph (e); and

. (g) any other expenditures authorised by the
Authority and properly chargeable to revenue account.

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14 CAP. 333) Port Authority

(2) The balance of the revenue of the Authority shall
be applied to the creation of reserve funds to finance future
modernisation and expansion.

Authorised
investments.

13. Funds of the Authority not immediately required
to be ex~ended in the meetine of anv oblieations or the " "
discharge of any functions of the Authority may be invested
from time to time in securities approved by the Minister
responsible for finance for investment by the Authority.

Rates, etc.
chargeable by the

14. The rates, dues, charges and fees to be charged
Authority. by the Authority shall be in accordance with such rates, dues,

charges and fees as may, from time to time, be fixed by
regulations made under section 53.

Accounting of
Authority.

15. (1) All decisions, orders, rules and regulations
relating to the financial operations of the Authority and
authorised by this Act shall be made by resolution of the
Authority at a meeting thereof and shall be recorded in the
minutes of the Authority.

(2) The Authority shall keep proper accounts and other
records in respect of its operations, and shall cause to be
prepared a statement in respect of each financial year.

(3) The accounts of the Authority shall be audited by
auditors to be appointed annually by the Authority.

(4) The Authority shall, before the commencement of
each financial year, submit to the Minister for the informa-
tion of Parliament a copy of its income and expenditure
budget, in relation to such year. The Minister shall cause
copies of such budgets to be laid on the table of each Chamber
of the Legislature.

(5) After the end of each financial year, the Authority
shall, as soon as the accounts of the Authority have been
audited, cause a copy of the statement of accounts to be
transmitted to the Minister together with a copy of any report
made by the auditors on that statement or on the accounts
of the Authority. The Minister shall cause a copy of every
statement and report to be laid on the table of each Chamber
of the Legislature.

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Port Authority (CAP. 333 15

(6) Notwithstanding any power of the Authority con-
ferred by this Act, where the Authority intends to embark
upon any programme for expanding its facilities and ser-
vices that will involve borrowing moneys upon the credit
of Antigua and Barbuda or that will require a longer period
than one year to complete, the Authority shall obtain the
approval of the Minister responsible for finance thereto before
incurring any liability in respect thereof.

16. (1) All moneys of the Authority accruing from ,";;hP1;~:t;.
its operations under this Act shall be paid into some bank
or banks appointed by resolution of the Authority, and such
moneys shall, as far as practicable, be paid into the bank
from day to day, except such sum as the accountant may
be authorised by rules made under section 17 to retain in
his hands to meet petty disbursements for immediate
payments.

(2) All payments out of the funds of the Authority except
petty disbursements not exceeding a sum to be fixed by rules
made under section 17, shall be made by the accountant,
or on his behalf by any other officer appointed by the
Authority, in accordance with any such rules.

(3) Cheques against any banking account required to
be kept or withdrawals from any savings bank account shall
be signed by the accountant and countersigned by the
chairman of the Authority or any member of the Authority
or any officer of the Authority appointed by resolution of
the Authority for the purpose, and any such resolution shall
be certified by the chairman and forwarded to the bank or
banks concerned.

17. The Authority shall by resolution make rules in Rules.
respect of the following matters-

(a) the manner in which and the officers by whom
payments are to be approved;

(6) the bank or banks into which the moneys of
the Authority are to be paid, the title of any account

' with any such bank, and the transfer of one fund from
one account to another;

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16 CAP. 333) Port Authority

(c) the appointment of a member of the Authority
or an officer of the Authority to countersign cheques
on behalf of the chairman or in the absence of the
chairman;

(d) the sum to be retained by the accountant to
meet petty disbursements and immediate payments and
the maximum sum that may be so disbursed for any
one payment;

( e ) the method to be adopted in making payments
out of the funds of the Authority; and

Cf) generally as to all matters necessary for the
proper keeping and control of the accounts and books
and the control of the finance of the Authority.

Annual report. 18. (1) The Authority shall as soon as practicable
after the end of each financial year make and transmit to
the Minister a report dealing generally with the activities
of the Authority during the preceding financial year and con-
taining such information relating to the operations and policy
of the Authority as the Minister may from time to time direct.

(2) The Minister shall cause a copy of every such report
to be laid on the table of each Chamber of the Legislature.

Exemption from
customs duty,

19. (1) Notwithstanding anything in any other Act
tax, contained, all plant, machinery, appliances, apparatus, equip-

income tax and ment and materials of every kind whatsoever imported into
property tax.

Antigua and Barbuda by the Authority for the purpose of
carrying out its functions under this Act shall be free of all
customs duty and consumption tax or any other tax having
a similar effect, whatsoever.

(2) Notwithstanding anything contained in the Income
Cap. 212. Tax Act the income of the Authority shall be wholly exempt

from payment of income tax.

(3) Notwithstanding anything contained in the Property
Cap. 348. Tax Act, and all amendments thereto, the property of the

Authority shall be wholly exempt from payment of property
tax.

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Port Authority (CAP. 333 17

PART 111

RESPONSIBILITY OF THE AUTHORITY AS A
WAREHOUSEMAN

20. (1) Subject to the provisions of this Act or of any Liability for loss the etc. of goods. regulations made thereunder, or of any contract,
Authority shall not be liable for the loss, misdelivery or
detention of or damage to goods-

( a ) delivered to or in the possession of the
Authority, otherwise than for the purposes of carriage
or warehousing except where such loss, misdelivery,
detention or damage is caused by the want okasonable
foresight and care on the part of any person employed
in or for the purposes of the Authority;

( b ) accepted by the Authority for carriage, or
warehousing where such loss, misdelivery, detention or
damage occurs otherwise than while the goods are
intransit or being warehoused and is not caused by the
want of reasonable foresight and care on the part of any
person employed in or for the purposes of the Authority.

(2) The Authority shall in no case be liable for such
loss, misdelivery, detention or damage arising from-

(a) act of God;

( b ) act of war or of the Queen's enemies;

( 6 ) seizure under legal process;

(9 act or omission of the consignor, consignee or
depositor, or of the servant or agent of any such person;

( e ) fire, flood, hurricane, tempest, earthquake,
riots, civil commotions, strikes, lock-outs, stoppage or
restraint of labour from whatever cause, whether partial
or general;

inherent liability to wastage in bulk or weight,
latent or inherent defect, vice or natural deterioration;

(g) deficiency in the contents of unbroken packages;
or .

( h ) insufficient or improper packing or from leakage
from defective drums, containers or packages.

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CAP. 333) Port Authority

(3) Where any such loss, misdelivery, detention or
damage occurs in relation to goods accepted by the Authority
for carriage or for warehousing, the limitation contained in
section 21 shall apply.

Limitation of loss 21. The liability of the Authority in respect of any
etc. where false
account given. goods accepted by the Authority for carriage or warehousing

and in relation to which an account false in any material
particular has been given under subsection (4) of section 24
shall not in any case exceed the value of the goods as
calculated in accordance with the description contained in
such false account.

Burden of proof 22. In any proceedings brought under the provisions
in proceedings
brought under of section 20 against the Authority, it shall not be necessary
section 20. for the person claiming damages or compensation to prove

how the loss, misdelivery, detention or damage of goods was
caused.

PART IV

GOODS
Power to
determine

23. (1) The Authority may, subject to the provisions
conditions for of this Act or of any regulations made thereunder, deter-
carriage and mine the conditions upon which goods shall be carried or
warehousing of
goods. warehoused by means of the Authority and different con-

ditions may be determined in different cases; and such
conditions when so determined shall be published in regula-
tions made under this Act and shall, subject as aforesaid,
have effect from the date of such publication or from such
later date as may be specified therein;

(2) The Minister may, subject to the provisions of this
Act and of any regulations made thereunder determine the
rates and charges for the carriage or warehousing of goods
and for any other service or facility performed or provided
by means of the Authority and such rates and charges shall,
when so determined, be published in the Tariff Book and
shall, subject as aforesaid, have effect from the date of such
publication or from such later date as may be specified
therein.

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 19

24. (1) The consignor of, or the person tendering, Description etc.
of goods to be any goods for carriage or warehousing by means of the delivered.

Authority and, on request by an authorised employee, the
consignee of, or person receiving any goods which have been
carried or warehoused by means of the Authority shall deliver
to an authorised employee an account in writing signed by
such consignor, person or consignee, as the case may be,
containing such descriptions of the goods as may be suffi-
cient to enable such employee to determine the rates and
charges payable in respect of the carriage or warehousing
thereof by means of the Authority.

(2) An authorised employee may, for the purpose of
checking any accounts delivered under subsection (mequire
such consignor, person or consignee, as the case may be,
to permit him to examine such goods.

(3) If such consignor, person or consignee fails to deliver
the account referred to in subsection (1) or to permit such
goods to be examined as required under subsection (2), an
authorised employee may, in respect of goods which are
tendered for carriage or warehousing by means of the
Authority, refuse to accept the goods for such carriage or
warehousing and in respect of goods which have been carried
or warehoused by means of the Authority refuse to deliver
the same unless, in either case, in respect thereof a rate or
charge not exceeding the highest rate or charge payable for
any class of goods is paid.

(4) If in respect of goods which have been carried or
warehoused by means of the Authority an account delivered
under subsection (1) is found to be false in any material
particular with respect to the description of any goods to
which it purports to relate, an authorised employee may
refuse to deliver such goods unless in respect of warehousing
or carriage of the goods a rate or charge not exceeding double
the highest rate or charge payable for any class of goods is
paid.

25. (1) Where any goods in the possession of the Unclaimed goods
In the possession

Authority are not claimzd by the owner or any other person of the
appearing to the Port Manager to be entitled thereto, the
Port Manager shall, if such owner or person is known, take

LAWS OF ANTIGUA AND BARBUDA

2 0 C A P . 333) Port Authority

all reasonable steps to cause a notice to be served upon him
requiring him to remove the goods.

( 2 ) If-

( a ) the owner of any goods in the possession of the
Authority is not known and no person appears to be
entitled thereto; or

( b ) the notice referred to in subsection (1) cannot
for any reason be served; or

(6) there has been a non-compliance with the pro-
visions of any notice served under subsection (I),

the Port Manager, may within a reasonable time not being
less, except in the case of perishable goods, than forty-five
days, sell the goods by public auction and after deducting
from the proceeds of sale thereof the expenses of such sale
shall pay the balance thereof into the funds of the Authority:

Provided that no imported goods shall be sold under
this section until they shall have been entered for home con-
sumption in accordance with the provisions of the laws of
Antigua and Barbuda relating to customs.

Dangerous or
offensive goods,

26. (1) No person shall tender to the Authority for
etc. carriage or warehousing any goods to which this section

applies without giving notice of the nature of such goods-

( a ) in the case of goods taken with a person, to
the person in charge of the port of embarkation at which
such first mentioned person commences his journey; or

( b ) in the case of goods tendered to the Authority
for carriage or warehousing, to the authorised employee
to whom such goods are tendered.

( 2 ) An authorised employee may-

(a) refuse to accept for carriage or warehousing by
means of the Authority, goods to which this section
applies or may accept them only under and in accord-
ance with any special provisions dealing with the carriage
or warehousing of any such goods;

( 6 ) require any such goods to be marked and
packed in such manner as may be specified in regula-
tions made under this Act.

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 2 1

(3) Where any authorised employee has reason to
believe that any goods to which this section applies are being
carried or warehoused by means of the Authority or have
been accepted for carriage or warehousing by means of the
Authority in contravention of the provisions of subsection
(1) or subsection (2), he may examine such goods and, if
on examination they are found to be goods to which this
section applies, he may upon informing an officer of customs
of the place to which the goods are to be removed, order
their removal from any premises occupied for the purposes
of the Authority.

(4) Goods to which this section applies are any
dangerous or offensive goods and any goods w k h are likely
to cause damage to person or property.

(5) Nothing in this section shall-

(a) apply to any goods carried or warehoused by
means of the Authority for or on behalf of the Crown
in right of its Government of Antigua and Barbuda or
of the United Kingdom;

(6) apply to any goods carried by any member of
Her Majesty's armed forces, in right of the Govern-
ment of Antigua and Barbuda or of the United Kingdom
or by any member of the Police Force or the Defence
Force, in course of his duty.

PART V

GENERAL

27. The Authority shall cause to be prepared and Tariff book etc.
published in such manner as it may think fit- . -

1

(a) a 'Tariff Book' containing all matters which
under this Act or any regulations made thereunder are
required to be contained therein, together with such
other matters as the Minister may think fit; and

(6) such other books and other documents as under
this Act or any regulations made thereunder are required
to be kept.

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 333) Port Authority

PART VI

ACCIDENTS
Accidents to be
reported.

28. Where any accident occurs in any harbour, then
if that accident-

( a ) is attended, or is of a kind usually attended,
with loss of human life or with serious injury to person
or property;

(6 ) involves any collision between ships of which
one is carrying passengers; or

(6 ) is of such other kind as the Minister may
specify,

the Port Manager shall, as soon as practicable, give notice
of the occurrence of the accident to the Authority and the
Authority shall forthwith report the accident to the Minister.

Inquiries into
accidents.

29. ( 1 ) The Authority may order such inquiry into
any accident which occurs in any harbour as they may think
fit and shall order such inquiry as the Minister thinks fit
into any such accident when so required by the Minister.

(2) The Authority shall submit to the Minister a report
on any accident inquired into setting out, inter alia, the prob-
able cause of such accident and the steps, if any, which have
been taken or they have directed shall be taken with a view
to avoiding a repetition thereof.

Authority to
make a return of 30. The Authority shall make to the Minister a
accidents. return, in such form and at such intervals as the Minister

may direct, of all accidents occurring in any harbour, whether
or not any such accident is attended with injury to any person.

PART VII

SPECIAL PROVISIONS RELATING T O HARBOURS

Harbours.
Third Schedule.

31. The harbours in the Third Schedule shall be
harbours for the purposes of this Act.

Compulsory
pilotage 32. ( 1 ) The harbours defined by regulations made
harbours. under this Act as compulsory pilotage harbours, shall be corn-

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 23

pulsory pilotage harbours, and all ships, other than excepted
ships, navigating whether by entering, leaving or moving
within the limits thereof shall be under the pilotage of a pilot.

(2) For the purpose of this section, the following ships
shall be excepted ships-

(a) ships belonging to Her Majesty in right of Her
Government of Antigua and Barbuda or the United
Kingdom;

(6 ) pleasure yachts or fishing vessels;

( c ) ferry boats plying as such exclusively within the
limits of a harbour; -

(d) ships of less than two hundred tons net register;

( e ) ships trading exclusively between harbours of
Antigua and Barbuda;

Cf) tugs, dredgers, barges or similar vessels whose
ordinary course of navigation does not extend beyond
the limits of Antigua and Barbuda.

(3) Where any harbour is a compulsory pilotage
harbour, the Authority may by regulations prescribe the
limits of such harbour for the purposes of compulsory
pilotage.

(4) The Authority shall not be responsible for any loss
or damage caused through the act, neglect, or default of any
pilot.

(5) The owner or master of a ship navigating under
circumstances in which pilotage is compulsory shall be
answerable for any loss or damage caused by the ship or
by any fault of the navigation of the ship in the same manner
as he would if pilotage were not compulsory.

33. NO ship shall embark or disembark any passenger Passengers, etc. to be embarked
or goods at any place other than a harbour: etc. onlv at a

u , -
harbou;.

Provided that with the prior agreement of the -
Comptroller, the Port Manager may authorise the master
of any ship to embark or disembark passengers or goods at
such place other than a harbour as may be agreed by the
Comptroller.

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 333) Port Authority

Master to supply
information.

34. The master of any ship arriving in a harbour shall
produce to an authorised employee-

(a) the ship's register and the ship's papers;

(b) a list of the passengers, if any, showing
particulars of their sex and occupation;

(c) a list showing the deaths, if any, which have
occurred during the voyage;

(6) a list showing the stowaways, if any, on the
ship;

and shall also supply such other information in relation to
the ship, passengers and cargo thereof, as such employee
may require.

Harbour rates
and charges may 35. (1) There shall be levied upon every ship enter-
be levied. inn a harbour such harbour rates and charges as the Minister - .,

after consultation with the Authority may by regulations pre-
scribe, and different rates and charges may be prescribed
for different ships or classes of ships, and any such regula-
tions may provide for the exemption of any ship, or class
of ship, from all or any harbour rates and charges or for
the remission thereof or any part thereof.

(2) A book specifying all harbour rates and charges shall
be available for public inspection at the office of the Port
Manager.

Power to arrest
ship for harbour

36. (1) Where any harbour rates or charges are owing
rates and in respect of any ship, an authorised employee may arrest
charges. the ship and the tackle, apparel and furnjtuie thereof, and

may detain it until the amount of such rates or charges is paid.

(2) Where, after such arrest, any such harbour rates
or charges remain unpaid for a period of seven days, the
authorised employee may cause the ship and the tackle,
apparel and furniture thereof arrested to be sold, and out
of the proceeds of such sale he shall retain the amount
necessary to meet the expenses of the detention and sale
thereof and shall, after paying the amount of any harbour
rates or charges which are owing to the Authority, deliver
the balance, if any, to the master of the ship.

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 2 5

(3) Where any ship, in respect of which harbour rates
or charges are owing and have not been secured to the satis-
faction of an authorised employee, leaves any harbour and
enters or is in any other harbour, then such ship may be
dealt with as if the harbour rates or charges so owing and
not secured were harbour rates or charges owing in respect
of such other harbour.

37. Before the master of any ship in a harbour shall E y ~ ; ~ r q u i r e d
request outward clearance from the proper officer of Customs certificate of
of such harbour, he shall first obtain from an authorised z:;:dbebre
employee a certificate stating that- - requesting

outward
(a) all harbour rates and charges due in respect clearance from

of the ship, and all penalties and expenses to which the the
ship and her master are liable under this Act or any
regulations made thereunder have been paid or secured
to the satisfaction of the authorised employee;

( 6 ) he has complied with the provisions of this Act
and of any regulations made thereunder.

38. (1) An authorised employee may- Power of
authorised

( a ) remove any wreck in, or other obstruction to : ~ $ ~ o ~ ~ ~ c L s
a harbour or its approaches, or any timber, raft or other etc.
thing floating in a harbour, which endangers, or
obstructs, or is likely to endanger or obstruct, the free
navigation of the harbour or the use of any wharf or
dock therein;

( 6 ) in case of urgent necessity take any action in
a harbour which in his opinion may be necessary to
prevent any danger to life or shipping;

(c) enter upon any ship or into any building in a
harbour if it is necessary for him to do so in the per-
formance of any duty under this Act or any regulations
made thereunder or if he has reasonable grounds for
believing that an offence against this Act or any regula-
tions made thereunder has been, or is about to be . committed therein.

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 333) Port Authority

(2) The owner of any wreck or other thing removed
by any authorised employee under the provisions of
paragraph (a) of subsection ( 1 ) shall, without prejudice to
any other action which may be taken against him, be liable
to pay the reasonable expenses of such removal; and such
wreck or other thing shall be detained by such employee until
such expenses and any customs duties and harbour rates or
charges payable in respect thereof shall have been paid.

(3) Where any wreck or other thing is removed under
the provisions of paragraph (a ) of subsection ( 1 ) and the
expenses of removal have not been paid within seven days
of such removal, the Port Manager may cause such wreck
or other thing to be sold by public auction and shall out
of the proceeds of sale retain the amount necessary to meet
the expenses of such removal, detention and sale and any
customs duties and harbour rates or charges payable in
respect thereof and shall deliver the balance, if any, to the
person appearing to him to be entitled thereto.

Port Manager
may retain goods

39. (1) Where any goods have been landed at a
until freight etc. harbour and accepted by the Authority for carriage or
is paid. warehousing or for delivery to a consignee, the Port Manager

shall retain the goods and refuse delivery thereof to the con-
signee or any other person until-

(a) the payment of any rates, charges and customs
duties due in respect of such goods, and

(6) the production of a written authorisation for
a release of the goods signed or purporting to be signed
by or on behalf of the ship owner.

(2) Where the Port Manager causes to be delivered any
goods to a person producing such authorisation as referred
to in paragraph ( b ) of subsection (I), the Authority shall be
freed from all liability to any person in respect of the goods.

(3) An authorised employee shall be entitled to levy such
charges as may be determined under this Act or any regula-
tions made thereunder in respect of the custody of any goods
delivered to him in acordance with this section, and he may
do all such reasonable acts and incur such reasonable expenses
as are necessary for the proper custody and preservation of

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 27

the goods, and the Authority shall have a lien on the goods
for such charges and any other expenses so incurred.

(4) Nothing in this section shall be construed as
requiring any person to take into the custody of the Authority
any goods which would not otherwise be receivable under
the provisions of this Act or any regulations made thereunder.

40. The Authority shall not be liable for any demur- f;zz:;g2r
rage which may occur or be due on any ship, however such
demurrage may have been caused.

41. The master of a ship shall be responsible for the Master
responsible for

compliance in respect of such ship with the provisions of this contra,ent~on of
Act and any regulations made thereunder and, r t h e event Act.
of a contravention thereof, he may be proceeded against and
held responsible for the contravention.

42. The Port Manager shall, on the demand of the Delivery to
masters of copy

master of any ship arriving at any harbour, cause to be A,,.
delivered to such master on loan for the duration of the visit
of such ship a copy of this Act and of any harbour regula-
tions and quarantine regulations.

PART VIII

OFFENCES

43. Any person who unlawfully damages or in any FG;~:;$~ a
way interferes with any lighthouse, buoy, mark, beacon or manner likely to
other property of the Authority in such manner as to endanger life.
endanger, or as might endanger the life of any person, shall
be guilty of an offence and liable on conviction therefor on
indictment to imprisonment for a term not exceeding ten
years. I

44. Any person who makes, either knowingly or returns.
recklessly, any statement which is false in any material
particular in any return, claim or other document, which
is required or authorised to be made under this Act or any
regulations made thereunder, shall be guilty of an offence
and liable on conviction therefor on indictment to a fine not

' exceeding eight thousand dollars or to imprisonment for a

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 333) Port Authority

term not exceeding two years, or to both such fine and
imprisonment.

Person
endangering

45. Any person who while on duty or lawfully
safety of employed on any premises of the Authority, or on any ship
operations. or vehicle used by or for the purposes of the Authority,

endangers the safety of any other person-

( a ) by contravening any of the provisions of this
Act, or any regulations made thereunder; or

( b ) by contravening any lawful order, direction or
rule given to such person, or made in respect of his
service; or

(c) by being under the influence of alcohol; or

(6) by any rash or negligent act,
shall be guilty of an offence and be liable on summary
conviction to a fine not exceeding three thousand dollars or
to imprisonment for a term not exceeding six months or to
both such fine and imprisonment.

Person
demanding
improper
amount.

Miscellaneous
summary
offences.

46. Any person who, with intent to defraud, demands
or receives from any other person delivering goods for
carriage or warehousing by means of the Authority or from
any other person making use of the facilities provided by
means of the Authority, any greater or less amount than
he should demand or receive shall be guilty of an offence
and liable on summary conviction to a fine not exceeding
fifteen hundred dollars or to imprisonment for a term not
exceeding three months or to both such fine and
imprisonment.

47. Any person who-
( a ) being a trespasser on any premises of the

Authority, or upon any ship or vehicle used by or for
the purposes of the Authority, refuses to leave such
premises, ship or vehicle after being requested to do
so by an authorised employee or a member of the Police
Force;

(b ) being on any premises of the Authority, or upon
any ship or vehicle used by or for the purposes of the
Authority -

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 29

(i) refuses when called upon by an authorised
employee or a member of the Police Force to
give his name and address, or gives a false
name or address, for the purpose of avoiding
prosecution; or

(ii) is in a state of intoxication or behaves in a
violent or offensive manner to the annoyance
of any other person; or

(iii) discharges any firearm or does anything which
may cause injury to any person on such
premises or upon such ship or vehicle; or

(iv) commits any nuisance or act of indecency, or
uses profane, obscene, indecent m b u s i v e
language; or

(v) without lawful excuse, contravenes any lawful
direction given by any authorised employee
or member of the Police Force; or

(vi) save with the express permission of the Port
Manager, hawks, sells or exposes for sale any
article or touts, applies for or solicits custom
of any description; or

(vii) smokes in any part of such premises, ship or
vehicle bearing a notice that smoking is not
permitted in that part;

( c ) writes, draws, or affixes any profane, obscene,
indecent or abusive word, matter, representation or
character upon any premises of the Authority or upon
any ship or vehicle used by or for the purposes of the
Authority;

(4 defaces the writings on any board or any notice
authorised to be maintained upon any premises of the
Authority or upon any ship or vehicle used by or for
the purpose of the Authority;

(e) damages or without lawful excuse interferes with
any property of the Authority;

Cf) without lawful excuse, does any act which
obstructs, or is likely to obstruct the free navigation of .
any harbour or the use of any wharf or dock therein;

LAWS OF ANTIGUA AND BARBUDA

30 CAP. 333) Port Authority

(g) being a driver or conductor of any vehicle,
disobeys while upon premises of the Authority, any
reasonable directions given by any authorised employee
or member of the Police Force;

( h ) fails to deliver at the earliest possible opportu-
nity to any authorised employee any property, which
there is reason to believe has been lost or forgotten, found
on any premises of the Authority, or on any ship or
vehicle used by or for the purposes of the Authority;

( i) wilfully obstructs or impedes any other person
in the discharge of his duties arising out of his employ-
ment in or for the purposes of the Authority;

@ gives or offers to any other person money or
money's worth for the purpose of avoiding payment of
any sum due to the Authority; or

(k) unlawfully removes any property of the
Authority,

shall be guilty of an offence and liable on summary con-
viction to a fine not exceeding seven hundred and fifty dollars
or to imprisonment for a term not exceeding three months,
or to both such fine and imprisonment.

Navigating
without pilot in

48. If any ship is navigated in circumstances in which
compulsory pilotage is compulsory and such ship is not under the pilotage
pilotage harbour. of a pilot, the master thereof shall be guilty of an offence

and liable on summary conviction to a fine not exceeding
three thousand dollars or to imprisonment for a term not
exceeding six months.

Offences by
masters.

49. Any master who contravenes any of the provi-
sions of section 33 or section 34 or produces any document
or gives any information which is false in any material
particular, shall be guilty of an offence and liable on suni-
mary conviction to a fine not exceeding fifteen hundred
dollars or to imprisonment for a term not exceeding three
months.

Power of arrest
or removal. 50. (1) Any person who commits any offence

mentioned in section 43, section 45 or section 47 may be
arrested without warrant by any authorised employee or
member of the Police Force.

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 3 1

(2) Any person who commits any offence against this
Act or any regulations made thereunder other than an offence
mentioned in subsection (I), may be arrested without warrant
by any member of the Police Force if-

(a) there is reason to believe that such person will
abscond; or

(6 ) he refuses on demand to give his name and
address; or

(c) there is reason to believe that the name and
address given by him is incorrect:
Provided that, save where there is reason to believe that

such person will abscond, he shall, if his t x e name and
address are ascertained, be released on his executing a bond
without sureties for his appearance before a Magistrate when
required.

(3) Any person who commits any of the offences set
out in section 47 may be required by an authorised employee
or a member of the Police Force to leave the premises, ship
or vehicle, as the case may be, in which such person is at
the time of the commission of the offence; and if such per-
son fails to comply with such requirement he may be removed
therefrom with such force as may be reasonably necessary
in the circumstances.

5 1. Any person charged with any offence against this Place of trial.
Act, other than the offences mentioned in section 43, sec-
tion 44 and section 47 may be proceeded against, tried and
punished in the magisterial district in which he may be in
custody for that offence as if the offence had been committed
in such district; and the offence shall for all purposes
incidental to, or consequent upon, the prosecution, trial or
punishment thereof, be deemed to have been committed in
that magisterial district:

Provided that nothing herein contained shall preclude
the prosecution, trial and punishment of such person in any
magisterial district in which, but for the provisions of this

, section, such person might have been prosecuted tried and
punished.

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 333) Port Authority

Authorised
employees to 52. Any authorised employee who has been given
have powers of authority under the provisions of this Act or any regulations
Police. made thereunder to maintain order upon any premises of

the Authority, or in any harbour, ship or vehicle used by
or for the purposes of the Authority, shall, in the perform-
ance of such duty, have all the powers, rights, privileges,
and protection of a member of the Police Force.

PART I X

REGULATIONS.

Regulations. 53. (1) The Authority with the approval of the
Minister may make regulations for the fixing of rates and
other charges for or in connection with the carriage, or
warehousing of goods by means of the Authority, or any
other service or facility performed or provided by means of
the Authority and for the fixing of ships' dues, wharfage
charges, harbour rates, fees, dues and charges, and for the
payment, exemption from payment, refund or remission
thereof; and such regulations may fix different rates or dues,
or rates or charges, or fees for different classes of goods, or
for different ships or classes of ships or in relation to different
circumstances or conditions.

( 2 ) In the making of regulations in respect of the matters
specified in subsection (I) , the Authority shall ensure that
the rates and other charges fixed thereby are adequate to
provide sufficient revenue-

(a) to cover operating expenses, including taxes,
if any, and to provide adequate maintenance and
depreciation, and interest payments on borrowings;

(b) to meet periodic repayments on long-term
indebtedness to the extent that any such repayments
exceed the provisions for depreciation;

(c) to create reserves to finance a reasonable part
of the cost of future expansion.

( 3 ) The Authority after consultation with the Minister
may make regulations generally with respect to the services
performed, the lighthouses, and other facilities provided by
means of the Authority and generally for the maintenance

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 3 3

of order on any premises of the Authority, or in any harbour,
ship or vehicle used by or for the purposes of the Authority
and, without prejudice to the generality of the foregoing,
may-

(a) make regulations with respect to-

(i) the collection, receipt, conditions of carriage
or warehousing and delivery of goods or any
class of goods to or by means of the Authority
and the disposal of perishable or unclaimed
goods;

(ii) the prohibition of smoking in any portion of
any such premises, ship or vehicle;

(iii) the proper control and managemeTof fore-
shores, harbours and entrances thereof, the
prevention and removal of obstructions
therein, and the regulation of any work,
service or facility performed or provided
thereat;

(iv) the control of all persons and vehicles on any
such premises, the maintenance of order
thereon and the admission or exclusion of
persons therefrom, and the charges, if any,
to be made for such admission;

(v) the protection of ships and cargoes and the
removal, destruction, sale or abandonment of
stranded ships and their cargoes and appurten-
ances which obstruct or are likely to obstruct
the fairway of any harbour, the payment of
expenses in connection therewith, and the levy
and recovery of a rent for the right of hulk
or wreck or wreckage to lie in any harbour;

(vi) the examination, registration and licensing of
pilots, the charges to be made for pilotage and
their duties and obligations, and to limitation
of their liability for negligent navigations;

(vii) the licensing of ferrymen, boatmen, porters,
landing agents, stevedores, forwarding agents,
shipping agents, baggage and parcel agents,
and contracts for the supply of water or ballast,
or other person concerned in harbour work,

JAWS OF ANTIGUA AND BARBUDA

34 CAP. 333) Port Authority

and the regulation of charges levied by them
and their duties the hours of their attendance
at work.

(viii) the defining of dangerous or offensive goods
and the conditions under which they may be
carried or warehoused;

(ix) the sale of any article on any premises
occupied for the purposes of the Authority;

(x) any matter required by this Act to be
prescribed;

( b ) subject to the provisions of any law relating to
merchant shipping, make regulations with respect to-

(i) the taking of measures for the prevention of
ships from leaving any harbour if overload-
ed, improperly loaded, improperly found,
insufficiently manned or without qualified
officers or engineers or with a number of
passengers in excess of the number that can
be carried with reasonable safety, or if other-
wise unseaworthy;

(ii) the examination and certification of masters,
mates and engineers, of tugs, dredgers, and
light craft, and the charges and licence fees
payable in respect thereof;

(iii) the registration, licensing, inspection and con-
trol of ferries, tugs, launches, hulks, fishing
or ferry boats, or other craft, the charges to
be paid therefor and the number of passengers
to be carried therein.

(4) Regulations made under this section may provide
that any breach or contravention of any regulation shall be
punishable on summary conviction by the imposition of such
fine not exceeding one hundred thousand dollars or of such
term of imprisonment not exceeding six months or of both
such fine and imprisonment.

(5) Regulations mad; under this Act shall be subject
to negative resolution of the House of Representatives.

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 35

FIRST SCHEDULE (Section
3 (2) & 3 (3))

1. The Authority shall consist of seven persons to be Appointment of
designated Commissioners, appointed by the Governor-General commissione's~
from amongst persons appearing to him to be qualified by reason
of having had experience of and shown capacity in matters relating . .
to trade,law, finance, science, administration or labour relations.

2. The Governor-General may appoint any person appear- Temporary
ing to him to have the qualifications necessary for appointment appointments.
under the provisions of paragraph 1, to act temporarily in the
place of any Commissioner in the case of the absence or inability
to act of such Commissioner.

-.

3. (1) The Governor-General shall appoint one of the Com- Chairman.
missioners to be the Chairman of the Authority.

(2) The Chairman shall keep the Minister fully informed
concerning the activities and business of the Authority; and shall
furnish the Minister with such information as the Minister, acting
in his discretion, may request with respect to any particular matter
relating to the activities and business of the Authority.

(3) The Authority may by instrument in writing direct that
subject to such conditions as may be specified in that instrument,
such of the functions of the Authority as may be so specified shall
(without prejudice to the performance of those functions by the
Authority) be performed by the Chairman.

(4) The Governor-General shall appoint one of the Commis-
sioners to be the Deputy Chairman of the Authority.

(5) In the case of the absence or inability to act of the Chair-
man the Deputy Chairman shall perform the functions of the
Chairman.

(6) In the case of the absence or inability to act of the Chair-
man and the Deputy Chairman the Governor-General may appoint
one of the remaining Commissioners to perform the functions of
the Chairman.

(7) In the case of the absence or inability to act at any meeting
of both the Chairman and the Deputy Chairman the remaining . Commissioners shall elect one of their number to act as Chair-
man at that meeting.

LAWS OF ANTIGUA AND BARBUDA

CAP. 333) Port Authority

Tenure of office. 4. (1) A Commissioner shall, subject to the provisions of
this Schedule, hold office for such period being not less than two
nor more than five years as may be specified in the instrument
appointing him, and shall be eligible for re-appointment.

(2) The Governor-General may at any time revoke the
appointment of any Commissioner if he thinks it expedient so to do.

Resignation. 5 . (1) Any Commissioner, other than the Chairman, may
at any time resign his office by instrument in writing addressed
to the Governor-General and transmitted through the Chairman,
and from the date of the receipt by the Governor-General of such
instrument such Commissioner shall cease to be a Commissioner
of the Authority.

(2) The Chairman may at any time resign his office by
instrument in writing addressed to the Governor-General and such
resignation shall take effect as from the date of the receipt of such
instrument by the Governor-General.

Publication of 6. The names of all Commissioners as first constituted and
membership. every change in the membership thereof shall be published in the

Gazette.

Oath of
Commissioner.

7. Each Commissioner shall make and subscribe an oath
before the Governor-General that he will faithfully and to the best
of his ability, discharge the trust and perform the duties devolv-
ing upon him as such Commissioner.

Authentication of 8. (1) The seal of the Authority shall be authenticated by
seal and
document. the signatures of the Chairman or one of the Commissioners

authorised to act in that behalf.

(2) All documents other than those required by law to be
under seal, made by, and all decisions of the Authority may be
signified under the hand of the Chairman. or any member
authorised to act in that behalf.

Procedure and 9. (1) The Authority shall meet at such times as may be
meetings. necessary or expedient for the transaction of business, and such

meetings shall be held at such places and times and on such days
as the Authority shall determine.

(2) The Chairman may at any time call a special meeting
of the Authority and shall call a special meeting to be held within
seven days of a written request for that purpose addressed to him
by any two Commissioners.

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333 37

( 3 ) The Chairman or, in the case of the absence or inability
to act of the Chairman, the Deputy Chairman or the Commis-
sioner elected to act as Chairman in accordance with the provi-
sions of sub-paragraph (6) of paragraph 3 shall preside at the
meetings of the Authority, and when so presiding the Chairman,
Deputy Chairman or the Commissioner elected as aforesaid to
act as Chairman, as the case may be, shall have a casting vote only.

(4) The quorum of the Authority shall be three including
the Chairman or the Deputy Chairman or the Commissioner
elected to act as the Chairman as aforesaid.

(5) The decisions of the Authority shall be by majority vote.

(6) Minutes in proper form for each meetinphall be kept
and shall be confirmed by the Chairman or deputy Chairman,
as the case may be, as soon as practicable thereafter at a sub-
sequent meeting. Certified copies of such minutes when so
confirmed shall be forwarded to the Minister.

(7) The Authority may co-opt any one or more persons to
attend any particular meeting of the Authority for the purpose
of assisting or advising the Authority, but no such co-opted person
shall have any right to vote.

(8) Subject to the provisions of this Schedule the Authority
may regulate its own proceedings.

(9) The validity of any proceeding of the Authority shall not
be affected on the ground-

(a) of the existence of any vacancy in the membership,
or of any defect in the constitution of the Authority; or

(b) of the contravention by a Commissioner of the pro-
visions of paragraph 14; or

(c ) of any omission, defect or irregularity not affecting
the merits of the case.

10. (1) The Authority may appoint a committee of the Power of
Authority to examine and report to it on any matter whatsoever :p"if:~:y
arising out of or connected with any of its powers and duties under committees.
this Act.

(2) Any such committee shall consist of at least one member
of the Authority together with such other person, whether members

\ of the Authority or not, whose assistance or advice the Authority
may desire.

LAWS OF ANTIGUA AND BARBUDA

3 8 CAP. 333) Port Authority

(3) Where persons, not being members of the Authority, are
members of a committee appointed under this paragraph, or where
any person is co-opted under the provisions of sub-paragraph (7)
of paragraph 9 the Authority may with the approval of the Minister
by resolution declare the remuneration and allowances of such
persons, and such sums shall be payable out of the funds and
resources of the Authority.

(4) The Authority may by resolution reject the report of any
such committee or adopt it either wholly or with such modifica-
tions, additions or adaptations as the Authority may think fit.

Remuneration of 11. There shall be paid to the Chairman and other Com-
Commissioners. missioners such remuneration if any (whether by way of salaries

or travelling or other allowances) as the Governor-General may
determine.

Funds of the 12. The funds of the Authority shall consist of such moneys
Authority. as may from time to time be placed at its disposition for the pur-

poses of this Act by Parliament and such other moneys as may
lawfully be paid to or raised or borrowed by the Authority.

Protection of 13. (1) No action, suit, rosec cut ion or other proceedings
Commissioners. shall be brought or instituted personally against any member of

the Authority in respect of any act done bonafide in pursuance
or execution or intended execution of this Act.

(2) Where any member of the Authority is exempt from
liability by reason only of the provisions of this paragraph the
Authority shall be liable to the extent that it would be if the said
member was a servant or agent of the Authority.

Declaration of 14. (1) It is the duty of a Commissioner who is in any
interest of
commissioners^ way directly or indirectly interested in any contract or proposed

contract with the Authority to declare the nature of his interest
at the first meeting of the Authority at which it is practicable for
him to do so.

(2) A Commissioner shall not vote in respect of any contract
or proposed contract with the Authority in which he is in any
way interested, whether directly or indirectly.

Office of member 15. The office of Commissioner shall not be a public office
of Authority not
public office for for the purposes of Chapter VII of the Constitution.
the purposes of
Chapter VII of
the Constitution.

LAWS OF ANTIGUA AND BARBUDA

Port Authority (CAP. 333

SECOND SCHEDULE Section 3(4)

1. (1) Subject to the provision of this Act, the Authority Appointment of
may appoint and employ at such remuneration and on such terms :z$g:zd
and conditions as it thinks fit a Port Manager, an accountant and and maintenance
such other employees as may be necessary and proper for the due

superannuation and efficient administration, management and performance by schemes.
the Authority of its functions under this Act.

(2) The Authority may, with the approval of and subject to
such terms and conditions as mav be im~osed bv the Governor-
General, provide for the establishment and maintenance of a
Pension Scheme or a Provident Fund Scheme for the benefit of
employees of the Authority, and in every such scheme different
provisions may be made for different classes of a l o y e e s .

2. (1) The emoluments of any public officer who is in the Payment by
Service of the Authority shall, at the end of every month after 2292eA: in
the commencement of this Act, be paid into the Consolidated Fund respect of
by the Authority for the benefit of such public officers. emoluments and

pensions, etc.

(2) The sums payable as contributions by Government under
the Social Security Act in respect of such public officers shall at Cap. 408.
the end of every month after the commencement of this Act be
paid into the Consolidated Fund by the Authority and such sums
shall be paid by Government into the Social Security Fund
established under the Social Security Act.

(3) The Authoritv shall. within three months after the end
\ ,

of each financial year,'pay td the Government in respect of such
public officers as a contribution to the pension and bther rights
of such public officers under the Pensions Act such sum or sums
of monev as would have been due bv Government in resDect of
the accruing pension and other rights of such public officers under
the Pensions Act had such public officers not been in the service Cap. 311.
of the Authority.

(4) In the event of the winding up or dissolution of the
Authority any sums of money due under subparagraph (I), (2)
or (3) shall rank as preferred debts.

LAWS OF ANTIGUA AND BARBUDA

40 CAP. 333) Port Authority

THIRD SCHEDULE (Section 31)

HARBOURS

1. The Port of St. John's which includes-
(a) St. John's Harbour

(6) James Bay

(c) Runaway Bay

(d) Dickenson Bay

( e ) The landing places at

(i) St. John's

(ii) Fort James

(iii) Runaway Bay

(iv) The Sea Island Dock

(v) The Deep Water Harbour.

2. Parham Sound which includes High Point.

3. Parham Harbour which includes-
(a) Parham Town

(6) Crabbs Peninsula

4. Falmouth Harbour and English Harbour including
Nelson's Dockyard.

5. The River at Barbuda.

6 . The remainder of the waters encircling Antigua and
Barbuda.

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