CAP.233, BELIZE PORT AUTHORITY ACT - SUBSIDIARY LAW BELIZE
BELIZE PORT AUTHORITY ACT CHAPTER 233
REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003
This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.
ARRANGEMENT OF SUBSIDIARY LAWS
BELIZE
BELIZE PORT AUTHORITY ACT CHAPTER 233
REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003
This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.
This edition contains a consolidation of the following laws- Page
1. BELIZE PORT AUTHORITY DEFINITION OF LIMITS OF PORTS ORDER 4-6
2. BELIZE PORT AUTHORITY (TARIFF) REGULATIONS 7-38
3. BELIZE PORT AUTHORITY REGULATIONS 39-49
4. BELIZE PORT AUTHORITY (DESIGNATED BERTH) REGULATIONS 50-56
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Page
5. BELIZE PORT AUTHORITY (APPOINTED DAY) ORDER 57-58
6. BELIZE PORT AUTHORITY (NOMINATED COMPANY) ORDER 59-60
7. BELIZE PORT AUTHORITY (VESTING DAY) ORDER 61-68
8. BELIZE PORT AUTHORITY PILOTAGE REGULATIONS 69-86
Belize Port AuthorityCAP. 233]
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CHAPTER 233
BELIZE PORT AUTHORITY
DEFINITION OF LIMITS OF PORTS ORDER
1. Title.
2. Limits of Ports.
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CHAPTER 233
DEFINITION OF LIMITS OF PORTS ORDER (Section 20)
[11th October, 1980.]
1. This Order may be cited as the
DEFINITION OF LIMITS OF PORTS ORDER.
2. In exercise of the powers vested in me by section 20 of the Port Authority Act, I Frederick Hopkins Hunter, Minister of Works do by this Order define the limits of the following ports:-
(1) BELIZE CITY PORT - Starting at the Belize City Swing Bridge on the north bank of the Haulover Creek thence down stream to Fort George Light thence northwards along the coast to the Belize River Mouth, thence easterly to Mapp’s Caye thence along the western coast of the Drowned Cayes to the southern point of Water Caye thence south-westerly to the northern point of Long Caye, thence due west to the coast thence northerly along the coast back to the Belize City Swing Bridge.
(2) COROZAL PORT - Starting at a point on the coast 9,000' northwards as the crow flies from the mouth of the New River thence due east to Longitude W. 88º 20' thence due north to the coast thence along the coast back to the starting point.
(3) DANGRIGA PORT - Starting at a point 4,500' northwards along the coast from Commerce Bight Pier thence due east to Longitude W. 88º 10' thence due north to Latitude N. 17º thence due west to the coast thence along the coast back to the starting point.
(4) COMMERCE BIGHT PORT - Starting at a point 4,500'
69 of 1980.
Title.
Limits of Ports.
Belize Port AuthorityCAP. 233]
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northwards along the coast from Commerce Bight Pier thence due east to Longitude W. 88º 10' thence due south to Latitude N. 16º 50' thence due west to False Sittee Point thence along the coast back to the starting point.
(5) RIVERSDALE PORT - Starting at the mouth of South Stann Creek River thence due east to Longitude W. 88º 16' thence due south to Latitude N. 16º 39' thence due west to the coast thence along the coast back to the starting point.
(6) PUNTA GORDA PORT - Starting at the mouth of the Rio Grande River thence due south to Latitude N. 16º 04' thence due west to the coast thence along the coast back to the starting point.
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CHAPTER 233
BELIZE PORT AUTHORITY (TARIFF) REGULATIONS
ARRANGEMENT OF REGULATIONS
1. Title.
2. Tariff.
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SCHEDULE
Belize Port AuthorityCAP. 233]
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CHAPTER 233
BELIZE PORT AUTHORITY (TARIFF) REGULATIONS (Section 52)
[12th April, 1980.]
1. These Regulations may be cited as the
PORT AUTHORITY (TARIFF) REGULATIONS.
2. The Tariff set out in the Schedule hereto and the Regulations therein embodied shall apply in respect of any port which is within the jurisdiction of the Belize Port Authority.
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SCHEDULE
PORT AUTHORITY OF BELIZE TARIFF
Section Title Page
I Definitions ................................... 9 II General ....................................... 12 III MarineDues ................................ 20 IV Port Dues ................................... 23 V Cargo Dues ................................ 24 VI Cargo Handling Dues .................. 25 VII Excess Storage Charges .............. 28 VIII Miscellaneous Charges ................ 30 IX General Provisions ....................... 31
26 of 1980. 59 of 1980. 72 of 1980. 103 of 1985. 41 of 1990. 21 of 1992. 136 of 2000.
Title.
Tariff. 103 of 1985.
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SECTION I
DEFINITIONS
In this Tariff the following expressions have the following meanings:
A charge levied against the agent of a ship for cargo which the Port Authority can handle but permits handling by any other person.
The agent of a ship desiring the assignment of a berth at the Port of Belize City, Commerce Bight or any other port shall as far as reasonably possible and in advance of the date of arrival of the ship, make application to the Ports Commissioner in the form set out in Appendices I and II.
A charge for the use of the wharf and does not include a charge for any other service.
The granting of permission to use a specified berth.
A charge levied against the vessel for the use of the Port and based on the cargo loaded or unloaded by that vessel.
A charge assessed against a ship for handling any cargo to or from that ship, from release of ships tackle to tailgate inwards and from place of rest to under ships tackle outwards.
Administrative Charge
Application for a Berth
Berthage Dues
Berth Assignment
Cargo Dues
Cargo Handling Charge
72 of 1980.
Belize Port AuthorityCAP. 233]
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The service of counting and checking cargo against appropriate documents for the account of the cargo or the ship, or other person requesting same.
The specified period immediately prior to the loading or subsequent to the discharge of cargo onto or off a ship during which cargo may occupy space assigned to it on port premises free of wharf demurrage or storage charges.
The service of providing heavy lift equipment for lifting cargo.
The service of loading or unloading from a ship to any place on the port premises and into trucks, lighters or barges or any other means of conveyance to or from the port premises.
A charge levied for loading cargo from tailgate into vehicle, or unloading from vehicle to place of rest.
Not otherwise specified.
Any person carrying on the business of furnishing wharfage, dock, warehouse, or other services or facilities as approved by the Port Authority.
Includes individuals, partnerships,
Checking
Free Time
Heavy Lift
Loading and Unloading
Loading and Unloading Charge
N.O.S.
Operator103 of 1985.
Person
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corporations, associations, municipal and other governmental entities.
Place of Rest means a location designated by the Authority within the port premises where goods and commodities shall be placed, in a manner acceptable to the Authority, and allowed to remain while awaiting delivery to a consignee or for loading on board a ship.
A charge assessed on its gross registered tonnage against any ship using any harbour or port in Belize where applicable.
A charge assessed against cargo remaining in or on port premises after the expiration of free time unless arrangements have been made for storage, and also against cargo remaining in or on port premises after expiration of an authorised storage period.
To and from ship tackle.
Tailgating is the delivery of cargo by the Port Authority from rest to the tailgate of the vehicle for inbound cargo, and for outbound cargo from tailgate of the vehicle to rest.
The service of providing transit sheds or other terminal facilities for the storing of inbound or outbound cargo after the expiration of free time, including wharf storage, shipside storage, closed or covered storage, open or ground
Place of Rest
Port Dues 103 of 1985.
Shed and Wharf Demmurage
Ship Hook
Tailgate
Terminal Storage
Belize Port AuthorityCAP. 233]
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storage,and refrigerated storage, after storage arrangements have been made.
Twenty (20) foot or equivalent unit.
SECTION II
GENERAL
The rates of tariff as published in these Regulations are subject to the undermentioned conditions-
(a) The charges, rates, rules and regulations published in this tariff shall apply equally to all users of, and all traffic in, any harbour, and to all users of the facilities owned, operated and administered by the Authority on and after the effective date of this tariff or any supplements thereto.
(b) The Ports Commissioner shall be the sole judge as to the application and interpretation of this tariff.
2. The use of the harbours and piers, wharves, bulk- head, docks and other facilities under the jurisdiction of the Authority shall constitute a consent to the terms and conditions of this tariff, and shall be evidence of an agreement on the part of ships, masters, their owners and agents, and other users of such harbours and facilities to pay all charges specified in this tariff and to be governed by all rules and regulations published herein.
1.
T.E.U.
Application of Tariff and Supplements
Consent to Terms of Tariff
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3. An appeal shall lie to the Board against any action taken by the Ports Commissioner under these Rules.
4. All construction work at the Ports and Harbours of Belize whether new facility or maintenance, done under contract with and for the benefit of the Authority, is exempt from the charges enumerated in this tariff. The exemption applies only to those activities and materials specifically required and necessary for the completion of the construction work.
5. (a) The Authority is not obliged to provide storage or accommodation for property which has not been transported, nor is intended to be trans- ported by water to or from the port; nor is it obliged to provide berthage, wharfage, storage or other services beyond the reasonable capacity of the facilities; nor is it obliged to provide, in the course of normal operations, storage beyond a period of time determined by the Ports Commissioner for any property whatsoever.
(b) The Authority is not obliged to accept any cargo, either inbound or outbound, which is not compatible with the accepted objectives of the port and the established assurances to the community. The refusal of any such cargo is discretionary with the Ports Commissioner.
6. The placing of goods of any nature, including cargo on Authority premises pursuant to this tariff shall not
Appeals
Exemption for Port construction
General Restrictions and Limitations
Placement Goods not to be Bailment
Belize Port AuthorityCAP. 233]
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be construed, under any circumstances, as a bailment of such goods, nor shall the Authority, its officers, employees and agents, be considered to be bailees of any goods.
7. Any cargo on which the charges remain unpaid for more than forty-five days shall be considered abandoned cargo. The Authority reserves the right to remove any or all such cargo to another part of the premises, or remove it and place in storage off the port at the risk and expense of the owner. The Authority may retain possession of the cargo until all charges have been paid. When the Ports Commiss- ioner determines final abandonment of cargo in any instance, he shall dispose of same under the provision of the Port Authority Act.
8. Within forty-eight hours of the arrival or departure as the case may be of any ship, the ship’s master its agents, and all other users of the harbours and facilities in connection therewith are required to furnish the Ports Commissioner with copies of the inbound or outbound manifest or other documents in a form satisfactory to the Ports Commissioner, or a signed and certified full and correct statement on blanks furnished by the Port Authority, showing the weights or measurements of the various items to be dis- charged or loaded and the basis on which freight charges are assessed.
9. All charges assessed under this tariff are due as they accrue and are payable within seven days after pre- sentation of invoices. The Authority reserves the right
Abandoned Cargo
Furnishing Cargo Statements and Vessel Report
Payment of Bills
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to demand payment of charges in advance for any services performed or facilities used.
10. All ships, masters, their owners and agents, and all other users of the harbours and facilities, are required to permit access to manifests of cargo, passenger lists and all other documents for the purpose of audit for ascertaining the correctness of reports filed, or for securing necessary data to permit a correct estimate of the charges to be levied.
11. (a) Users of the port facilities are required to furnish the Authority with a bond, insuring the Authority against loss of any funds and indemnifying the Authority in full for the payment of bills that accrue as a result of berthage, cargo and passenger wharfage, water sales, storage, rentals, leases, warehousing, wharf demurrage, electric current and any other charges that may accrue for services rendered by the Authority; or any damage that may be caused to the Port Authority Property by any vessel or vehicle or other means of conveyance.
(b) The Ports Commissioner is authorised to determine and fix the amount of the required Bond.
12. (a) The rates and charges published in this tariff do not include insurance of any nature.
(b) All users of the port facilities are required to carry bodily injury liability insurance and
Access to Record
Indemnity Bond
Insurance
103 of 1985.
Belize Port AuthorityCAP. 233]
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property damage liability insurance and to furnish certificates of insurance to the Ports Commissioner in proof thereof.
13. The Ports Commissioner shall control the allocation of all space, covered or open, on the port premises. All persons using port premises in any manner shall comply with such allocations. The Ports Commiss- ioner is authorised to move goods at owner’s or agent’s expense, in order to enforce this regulation.
14. (a) All ships, their owners and agents, and all other users of the facilities shall be held responsible for the general cleanliness of the property which has been allocated, assigned or leased to them. This shall include those parts of the aprons, gutters, and truck docks used in connection with any loading, unloading or handling operation.
(b) Where any person fails to clean the facilities or premises he has used the Ports Commissioner may cause such facility or premises to be cleaned at the person’s expense.
15. All ships’ owners or agents and all other users of the facilities, shall be held responsible for any damage to the facilities occasioned by them. The Ports Commissioner may detain any ship or other water- craft responsible for damage to the facilities until sufficient security has been given for the amount of the damage. It shall be the responsibility of the users
Allocation of Space
Cleanliness of Premises
Damage to Facilities
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of the facilities to report any damages occasioned by them to the Ports Commissioner immediately.
16. Explosives and inflammable and other hazardous commodities or materials shall not be handed over or received on the wharves or other facilities of the Authority until and unless approval is obtained from the Commissioner of Police.
17. It shall be unlawful for any person to carry on any business on the port premises without first obtaining a permit from the Authority as required by this tarriff or any law.
18. (a) Stevedore’s tools, appliances, equipment, vehicles or any other material or object which is not part of the cargo shall not be permitted to remain on the wharves or in the transit sheds, except at the discretion of the Ports Commissioner.
(b) Cargo or gear shall not, without the approval of the Authority, be stored on the aprons, in driveways, roadways, or any other locations in such manner as would hamper normal port operations. If not removed when so ordered, it shall be subject to removal by the Authority at the agent’s expense.
19. The Ports Commissioner may order the removal from port of any ship which has on board cargo or other matter injurious to health or offensive or dangerous in any respect, and such cargo or matter shall be
Explosives, Inflammables, and other hazardous materials
Unauthorised Business
Wharf Obstruction
Removal of Ships having Offensive matter on Board
Belize Port AuthorityCAP. 233]
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disposed of in such manner as the Ports Commiss- ioner may order, at the risk and expense of the ship.
20. Four (4) hours notice of its departure shall be given by the owner or agent of a ship and a report in the form prescribed in Appendix III shall be submitted to the Ports Commissioner at least forty-eight hours before such departure.
21. The Ports Commissioner may with the consent of the Comptroller of Customs and after giving two hours notice to the owner or other persons entitled to receive goods or, if the owner or consignee cannot be found, without such notice, order the removal and if necessary the destruction of any goods described in paragraph 19 above if they are of an offensive nature and such removal or destruction shall be at the expense of the owner, consignee or other person concerned.
22. Ships having on board goods of a dangerous or inflammable nature shall, at least twenty-four (24) hours before arrival, give notice thereof to the Ports Commissioner. If such goods are landed without permission, the Ports Commissioner may order them to be placed on board the ship whence they came or otherwise deal with the goods as he considers necessary at the risk and expense of the ship.
23. The Ports Commissioner may refuse to allow the following goods to be stored in a port or may impose special conditions thereon-
Due Notice of Departure to be given
Offensive Cargo
Master or Agent to give Notice of dangerous cargo
Ports Commissioner may Refuse to Permit Goods to be Stored
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(a) articles of unusual length, bulk or weight, or of exceptional bulk in proportion to weight;
(b) dangerous, hazardous or offensive goods, which are likely to cause harm or damage to persons or property;
(c) articles unpacked or improperly or insufficiently packed or secured;
(d) perishables and goods inherently liable to wastage or change in bulk or weight, or to latent inherent defect, vice or natural deterioration;
(e) timber, metals, animals.
24. (a) Vehicles engaged in the removal of goods from port areas, will operate on a number system, and take the place assigned to them by the Ports Commissioner.
(b) Persons in charge of vehicles within a port area shall move their vehicles as required by the Ports Commissioner. Whoever refuses to move his vehicle when required is guilty of an offence and such vehicle may be moved by the Ports Commissioner at the risk and expense of the owner.
25. Any person who, unless authorised to do so by the Authority, advertises or causes any advertisement to be exhibited on any premises or property of the
Vehicles to take place Assigned
Advertising on Port Authority
Belize Port AuthorityCAP. 233]
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Authority shall be guilty of an offence.
26. All applications for berths shall be made seventy-two hours beforehand at the undermentioned times-
(a) on weekdays not later than 3 p.m.
(b) on weekends not later than 11a.m.
27. A berth assignment shall be made by the Ports Commissioner and when so made shall be strictly adhered to until further directions or orders in respect to any change or further use are given by the Ports Commissioner.
SECTION III
MARINE DUES
1. For any ship, either inwards or outwards between English Caye and Belize City Harbour, per foot of maximum draught ….......…......................... $5.00 With additional charge of 0.08 cents a ton for ships up to 800 gross registered tons; or 0.05 cents a ton for ships above 800 gross registered tons; subject to a minimum payment of $150.00 in respect of any ship of more than 800 gross registered tons.
2. Shifting of vessel within the Belize City Harbour ............................................................... $150.00
3. Between Belize City and any point on the Southern Coast as far as Placencia per foot of maximum
Times of Request for Berth
Adherence to Berth Assigned
Piloting of Ships
103 of 1985.
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draught ............................................................ $6.00 Plus tonnage charges as set out in 1 above.
4. Between English Caye and any point on the Southern Coast as far as Placencia or between Belize City and places beyond Placencia per foot of maximum draught …........................................….............…… $6.50 Plus tonnage charges as set out in 1 above.
5. Between English Caye and points beyond Placencia, per foot of maximum draught ……............… $7.00 Plus tonnage charges as set out in 1 above.
6. An additional payment to the Port Authority for every day (including stoppage at intermediate points) the pilot is detained on board beyond the time necessary to bring in or take out the ship, or …….....….. $50.00
7. Transportation of Pilot to and from coastal ports will be for vessels account and charged at cost.
8. Pilotage - Not otherwise specified - by special arrangement.
Running Lines for the arrival, departure and shifting of ships.
Each ship move For ships not more than 100 GRT
(between 8 a.m. and 4 p.m. $10.00 (between 4 p.m. and 8 a.m.) $15.00
For ships more than 100 GRT, but not more than 500 GRT
Running Lines
Belize Port AuthorityCAP. 233]
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From 8 a.m. to 4 p.m. $20.00 From 4 p.m. to 8 a.m. $30.00
For ships more than 500 GRT, but not more than 5,000 GRT
From 8 a.m. to 4 p.m. $40.00 From 4 p.m. to 8 a.m. $60.00
For ships more than 5,000 GRT, but not more than 15,000 GRT
From 8 a.m. to 4 p.m. $50.00 From 4 p.m. to 8 a.m. $75.00
For ships not more than 100 GRT From 8 a.m. to 4 p.m. $20.00 From 4 p.m. to 8 a.m. $30.00
For ships more than 100 GRT From 8 a.m. to 4 p.m. $50.00 From 4 p.m. to 8 a.m. $100.00
(i) ships not more than 100 GRT From 8 a.m. to 4 p.m. $20.00 From 4 p.m. to 8 a.m. $30.00
(ii) ships more than 100 GRT From 8 a.m. to 4 p.m. $30.00 From 4 p.m. to 8 a.m. $40.00
Per call per vessel - 75 cents per GRT (with a maximum of $750.00).
Boarding for Entry
Clearance of Ships
Navigational Aids
103 of 1985.
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SECTION IV
PORT DUES
Port Dues shall be based on the highest gross registered tonnage of the ship as shown in Lloyd’s Register of Shipping. However, the Port Authority reserves the right to admeasure any ship when deemed necessary and use such admeasurement as the basis for Port Dues.
First each 24 hrs. 48 hrs. thereafter
on ships not more than 100 GRT $15
on ships more than 100 GRT but not more than 500 GRT 20 15
on ships more than 500 GRT but not more than 2,000 GRT 40 20
on ships more than 2,000 GRT but not more than 5,000 GRT 70 45
on ships more than 5,000 GRT but not more than 10,000 GRT 100 50
on ships more than 10,000 GRT but not more than 15,000 GRT 120 60
on ships more than 15,000 GRT but not more than 20,000 GRT 160 100
on ships more than 20,000 GRT 200 120
Basis of Charge
Port Dues
$10
Belize Port AuthorityCAP. 233]
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1. For the occupancy of any berth at the new port -
(i) ships less than 100m. in length per hour ...................... 0.35 cts per metre
(ii) ships 100m. to 130m. in length per hour ........................ 0.48 cts per metre
(iii) ships greater than 130m. in length per hour ....................... 0.60 cts per metre
2. For the occupancy of any wharf, jetty or ramp under the control of the Authority either directly or in tier -
(i) during loading or discharging operations ........................ 0.15 cts per metre of length
(ii) thereafter - for first twelve hours or part thereof ...................... 0.24 cts per metre of length
(iii) for second twelve hours or part thereof ................ 0.36 cts per metre of length
(iv) for subsequent periods of twelve hours or part ........................ 0.15 cts per metre of length
SECTION V
CARGO DUES
Cargo delivered on the port for export and not loaded on a ship berthed at the Port of Belize City or other Ports and subsequently moved inland from the Port shall be subject
Berthage
Non-Shipment By Water
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to Cargo Dues.
Cargo transhipped through the Port of Belize City and other Ports shall be assessed cargo dues on both movements and shall be granted one authorised free time period.
Cargo dues shall be charged on all cargo whether handled by the Port Authority or not and shall be calculated at 40 cubic feet or 2000 lbs. per ton or as freighted on manifest, whichever is applied by the Authority, landed or loaded.
Imports $5.64 per ton Exports $2.82 per ton
Provided that the cargo dues on the export of sugar and molasses shall be $1.41 per ton.
SECTION VI
CARGO HANDLING CHARGES
1. A charge levied on cargo which is shipped in containers, which includes Cargo Dues, Administrative Charge and Heavy Lift Charge, and assessed on the following basis:-
Per 20ft or equivalent unit $550.00 Per 40ft or equivalent unit $1000.000
(a) where Port Authority handles cargo, after release from ship’s hook to delivery per ton
of 2,000 lbs. or 40 cu. ft. or part thereof .......................................................... $18.00
Trans- Shipments
Container Flat Rate - Imports
Adminstrative Charge
136 of 2000.
21 of 1992.
Belize Port AuthorityCAP. 233]
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(b) where Port Auhority can handle the cargo but permits handling by other persons; per ton
of 2,000 lbs. or 40 cu. ft. or part thereof ......................................................... $6.00
The handling charges after release from ship’s hook to delivery per ton of 2,000 lbs. or 40 cu. ft. or part thereof …......................................…………… $18.00 per ton
The handling charges from place of rest to ship alongside dock per ton of 2,000 lbs. or 40 cu. ft. or part thereof ................................................................ $7.50 per ton
The handling charge from tailgate into vehicle or from vehicle to place of rest per ton of 2,000 lbs, or 40 cu. ft. or part thereof ...................................................... $3.00 per ton
Heavy Lifts acceptable to the Port Authority will be assessed additional terminal handling charges on the following basis:
Per ton weight or part thereof - $6.00
The following Handling and storagecharges are applicable to 20' containers:
any Single handling of an empty container which may be required ................................................. $10.00 per unit
Storage of empty ……….. $5.00 per unit per containers ................ week or part thereof. Note: Handling and storage charges assessed against an empty
container are payable by the Agent.
Unbound Cargo (Imports) (including)
Outbound Cargo (exports)
Loading and Unloading Charge.
Extra Charge for Heavy Lift Movements.
Empty Containers
21 of 1992.
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Ordinary sorting to shipping marks and numbers is included in the handling charge on imports but if additional sorting is required by the consignee or his agents to any subsidiary mark or marks or to size the latter meaning each of the three dimensions, the following additional charges shall apply:
(i) For sorting to any mark or size ................................................ $2.00 per ton
(ii) For each additional sorting carried out con- currently with (i) above ……..... $1.50 per ton.
Note: For the purpose of this section shipping marks and numbers shall mean distinctive marks and numbers common to the whole consignment under which the goods are shipped and delivered. Subsidiary marks and numbers shall mean those which are mixed with other consignments not common to the one consignment.
Any additional labour necessary to effect the handling of damaged goods and commodities or to repair containers found other than in good condition on arrival will be charged additionally for the account of the owner or of the carrier on a cost plus basis.
Goods and commodities arriving in apparently damaged condition shall be kept quite separate from sound cargo and delivered to the damaged goods locker which is to be considered as the place of rest for damaged cargo if not otherwise instructed.
Goods and commodities held in open areas are at owner’s risk on account of loss and damage caused by weather, deterioration or any other cause.
Sorting
Coopering
Damaged Goods
Goods not under Cover
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
To expedite prompt handling of goods through the terminal areas, the following documents will be required (must be originals or certified facsimiles):
Inbound Cargo Four legible copies of ship’s manifest (required at least two clear days prior to arrival of ship). One copy of shipping company release (delivery order) for ships trading Inter-Caribbean manifest upon arrival of the ship.
Outbound Cargo One copy of loading list (required twenty-four hours prior to ship’s loading). One copy Customs Report Outwards three legible copies of ship’s manifest (required within two days after departure of ship).
Goods and commodities declared as carried and manifested on a weight basis may, at the discretion of the Authority, be measured and if applicable be subject to Terminal charges on a measurement basis.
SECTION VII
EXCESS STORAGE CHARGES
The free time allowed for assembling outbound cargo and for removing inbound cargo from the port, excluding Saturdays, Sundays and statutory holidays shall be -
Cargo imported for Belize consumption …...……7 days
Requirements of Documents
Weight/ Measurement Adjustment
Free Time Allowance
41 of 1990.
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Cargo imported for re-export or Transhipment ……. 7 days
The free time allowed for assembling outbound cargo shall commence at 8.00 a.m. of the day following placement of the cargo on the port.
The free time allowed for removing inbound cargo shall commence at 8.00 a.m. of the day following the day the ship completes discharging.
All cargo remaining on the port after the free time period shall thereafter be assessed an excess storage charge as follows:
1. For each day or part thereof of the first seven days per ton or fraction thereof …...................… $2.00
2. For the next succeeding seven days or part thereof, per ton or fraction thereof …....................…. $3.00
3. For the next succeeding seven days or part thereof, per ton or fraction thereof …....................…. $5.00
4. For every succeeding seven days or part thereof, per ton or fraction thereof …......................…… $7.00
1. For the first seven days or part thereof, per ton or fraction thereof …........................................ $2.50
2. Thereafter up to twenty-one days-for each seven days or part thereof, per ton or fraction thereof ….…$5.00
3. Thereafter - for each seven days or part thereof, per
Computation of Free Time
Excess Storage (Open or shedded Storage)
Re-Export and Transhipment Cargo
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ton or fraction thereof …..................…................ $7.50
The minimum invoice for excess storage charges shall be …....................................................................… $2.00
Cargo delivered at the Port for export and not loaded on a ship berthed at the Port of Belize City or other ports and then moved inland from the Port is subject to excess storage charges with no free time allowance commencing with the date of arrival at the Port.
SECTION VIII
MISCELLANEOUS CHARGES
The following annual permit fees are applicable to the following business categories for the privilege of conducting their operations on the Ports of Belize City and Commerce Bight:
Ship’s Agents .................................................. $250.00
Stevedoring Firms ........................................... $300.00
Laundry and/or Dry Cleaning, per firm ............... $50.00
Ship Chandlers ............................................... $100.00
Fuelling of Vessels by truck per firm .................. $50.00
Freight Forwarders and Custom Brokers .......... $50.00
Sightseeing Buses, per vehicle ........................... $50.00
Non-Shipment by Water
Annual Permit Fees (Licensing)
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
31
Distribution of Merchandisefor sale not otherwise listed ............................................................................ $10.00
Owners of Equipment (Cranes and Heavy vehicles) ...................................................................... $1,000.00
Taxi Cabs-Permit fee, per cab ............................. $12.00
Other business categories will be covered by special arrangement.
The above permit fees will be applied on a calendar year basis. Firms commencing business after 30th June of any calendar year will pay one-half of the schedules yearly fee.
A charge levied on owner/operator of any crane or other heavy equipment for the handling of containers on the port facilities. $3.50 per 20' or equivalent unit.
SECTION IX
GENERAL PROVISIONS
The rates provided in this tariff shall apply only to services performed in normal working hours between 8.00 a.m. and 12.00 noon and 1.00 p.m. and 4.00 p.m. Mondays to Fridays inclusive and Saturday 8.00 a.m. to 12.00 noon. Special arrangements are required outside of the above hours for Saturday afternoon, Sundays or statutory holidays.
Container Handling
103 of 1985.
Normal Working hours of Port Authority
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
For any work after normal working hours, the Authority will pay the basic rate for labour and the additional rate of overtime will be to ship’s owner or Agent’s account.
All general cargo will be handled by the Port Authority on pallets.
(a) Imports - All general cargo shall be assembled on pallets in ship’s hold.
(b) Exports-All general cargo shall be received by the Port Authority on pallets.
Standby and stoppage Time shall be borne by the Agent of that Ship.
Will be removed by the Authority and sold after ten days of landing.
____________
Overtime Payment By Ship’s Owner or Agent
Unitised Loads
Standby and Stoppage Time
Perishable Goods
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
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APPENDIX I.
BELIZE PORT AUTHORITY
NOTICE OF ARRIVAL OF SHIP AND APPLICATION FOR A BERTH
To Ports Commissioner:
I hereby give notice that
Name of ship ........................................................... Flag ...................................................
Last port of call ........................................................ E. T. A. .............................................
Tonnage:- GRT ....................................................... N. R. T. .............................................
Length ..................................... Beam Draft FWD ........... AFT ......................................
Manifest W/T ..................... C/T ............................ No. of mail bags .................................
Description of Cargo ............................................................................................................
............................................................................................................................................
Passengers .............................................................. Registered No. ..................................
Request Permission to berth/anchor at .................................................................................
on .................... 20...... for the purpose of discharging/loading and/or disembarking/embarking passengers.
............................................................................................................................................
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THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
I hereby declare and certify as follows:
The ship is not/is carrying dangerous goods and/or explosives other than/as that described below.
Description of Dangerous Cargo
..................................... Master/Agent
..................................... Date.
____________
Kind Flash Point Weight/Gals. Where Stored Remarks
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
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APPENDIX II
BELIZE PORT AUTHORITY
REQUISITION FOR PORT SERVICES
To Ports Commissioner:
Please provide the following for the S/S Sch, M/V .......................................
due to arrive on ............................................................................................
(i) Berth or Anchorage
(ii) In and Out Pilot
(iii) Mooring Gangs
(iv) Mooring Launch
(v) Port Labour (Overtime)
(vi) Crane to Lift tons
(vii) Forklifts on Board
(viii) Other Port Equipment as follows: .............................................................................. ..............................................................................
............................................................................... Delete those services not required.
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
I/We undertake to meet promptly the charges raised for these services together with any Overtime incurred and further to pay for any/all damage(s) caused to any equipment on hire from the Belize Port Authority.
The cash deposit in the sum of ............................................. dollars and .................................................... cents is herein forwarded as deposit.
..................................... Master/Agent.
.................................................................................................................. to be completed by the Authority.
The following arrangements have been made for the supply of service required:
CASH DEPOSIT (a) per ton unloaded
TOTAL (b) per ton loaded
.......................................... Ports Commissioner
.................................... Date.
____________
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
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APPENDIX III
BELIZE PORT AUTHORITY
NOTICE OF DEPARTURE OF A SHIP
To Ports Commissioner:
1. Name of ship ..................................................................... R.O.T. ............................
2. Flag .............................................................................................................................
3. Port of Registry ..........................................................................................................
........................................................................................................
4. Tonnage ................................ GRT .................................. NRT ...............................
5. Date and time of Arrival .............................................................................................
6. Port at which voyage commenced ..............................................................................
..............................................................................
7. Last port of call ...........................................................................................................
..........................................................................................................
8. Next port of call .........................................................................................................
.........................................................................................................
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THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
9. Cargo discharged, B/L tons ......................... Cu. Ft. ........................
10. No. of Mail Bags ...............................................................................
11. Cargo loaded, B/L Tons ............................... Cu. Ft. .......................
12. Date and Time Sailed ........................................................................
........................................................................
13. Draft Forward .............................................. AFT. ..........................
14. Remarks ..........................................................................................
...........................................................................................
............................................................................................
....................................... Owner/Agent.
_____________
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
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CHAPTER 233
BELIZE PORT AUTHORITY REGULATIONS
ARRANGEMENT OF REGULATIONS
1. Title. 2. Definitions. 3. Interpretation. 4. Anchorage or obstruction in turning basins and channels. 5. Unauthorised movements of ships. 6. Lights at night. 7. Ships to give way and exhibit prescribed lights. 8. Approaches to docks, ships ladders and gangways to be kept clear. 9. Sunken objects in port to be reported. 10. Pollution of air and water. 11. Power Boats. 12. Duty of owners. 13. Change of berth. 14. Unauthorised berthing. 15. Emergencies. 16. Loitering on Port Property. 17. Signs. 18. Smoking. 19. Vehicles. 20. Wharf obstruction. 21. Ship’s moorings etc. 22. Watch to be kept on board. 23. Ships to be in readiness to move. 24. Displaced mooring to be reported. 25. Condition under which ship has priority. 26. Customs, Immigration and Health formalities. 27. Ships loading or discharging.
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
28. Ships to be worked with reasonable dispatch. 29. Ships gear repairs etc. 30. Inspection. 31. Sanitary arrangements in Port. 32. Fire on ships. 33. Fire fighting operations. 34. Boarding or leaving ships. 35. Ship Passes. 36. Labourers and visitors to wear identification. 37. No liquor to be carried through port gates. 38. Dogs and cats aboard ships. 39. Dangerous driving. 40. Behaviour of motorists. 41. Traffic signals. 42. Explosives, inflammables and other.
____________
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
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CHAPTER 233
BELIZE PORT AUTHORITY REGULATIONS (Section 74)
[26th April, 1980.]
1. These Regulations may be cited as the
PORT AUTHORITY REGULATIONS.
2. The definitions set out in the Port Authority (Tariff) Regulations shall apply to any term contained in these Regulations and not defined in Regulation 3 hereof.
3. The term “power boat” includes boats capable of developing speeds in excess of ten knots and in particular vessels propelled by outboard, inboard-outboard or inboard engines intended for speeds in excess of ten knots.
4. It shall be unlawful for any person whether as principal, servant, agent, employee, or otherwise to anchor any ship or other watercraft of any kind in any of the fairways or channels in the Port of Belize City and Commerce Bight or to otherwise obstruct navigation in the Ports. Any ship contravening this Regulation shall in addition to any penalty be liable to be removed at the ship’s risk and expense.
5. No unauthorised ship shall be navigated within a quarter mile distance of the Pier of the Belize City Port. Any ship contravening this Regulation shall be guilty of an offence.
6. All ships or other watercraft, while anchored, moored or manoeuvering in the territorial waters of Belize shall between the hours of sunset and sunrise show prescribed lights.
32 of 1980.
Title.
26 of 1980.
Interpretation.
Anchorage or obstruction in turning basins and channels.
Unauthorised movements of ships.
Lights at night.
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
7. Ships within the limits of a port shall make way for ships under way and shall between the hours of sunset and sunrise exhibit the lights prescribed for their class by collision regulations.
8. Free passage shall be kept to landing places, wharves and mooring, and ships shall move when required to clear such passage. Ships’ accommodation ladders and gangways shall be kept in good condition and clear of obstruction.
9. Any person responsible for the sinking of any object in a Port shall report the matter immediately to the Ports Commissioner.
10. (1) It shall be unlawful for any person to deposit, place or discharge into the territorial waters of Belize, any ballast, dunnage, sanitary sewage, butcher’s offal, garbage, dead animals, gaseous liquids or solid matter, oil, gasoline, residium of gas, calcium, carbide, trade waste, tar or refuse, or any other matter which is capable of producing floating matter or scum on the surface of the water, sediment or obstruction on the bottom of the ocean bed, or odors of gases of putrefaction.
(2) All ships and all persons using port facilities shall take every precaution to avoid pollution of the air.
11. Any person who within a quarter mile of a port facility proceeds at a speed exceeding five knots or endangers other ships or structures or causes wake damage shall be guilty of an offence.
12. (1) It is the duty of every person having control of a power boat within territorial waters-
(a) so to navigate such boat as to avoid collision with or injury to any ship or person present in, on or under the water in the area occupied by or disturbed by the said boat or the
Ships to give way and exhibit prescribed lights.
Approaches to docks, ships ladders and gangways to be kept clear.
Sunken objects in Port to be reported.
Pollution of air and water.
Power Boats.
Duty of owners.
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
43
wash or wake thereof; or
(b) to navigate such boat with due care and consideration for other persons having regard to the prevailing conditions and the reasonable likelihood of other persons being present in or coming into the area occupied by such boat and the wash and wake thereof, as the case may be.
(2) No person under the age of fifteen years shall have control or navigate a power boat save under the supervision of a person over that age.
(3) Every person in control of a power boat within the limits of any Harbour shall when so instructed by the Ports Commissioner-
(a) heave to; and
(b) bring his boat alongside any place indicated by the Ports Commissioner and otherwise comply with any navigational orders issued to him by the Ports Commissioner.
(4) When any dispute arises as to who is in control of a boat every person present therein shall be deemed to be in control until he proves the contrary.
13. (1) Every ship or other water-craft, shall at all times, have on board a person in charge with authority to take such action in any emergency as may be necessary to facilitate common navigation or commerce, or for the protection of other ships or property. The Ports Commissioner shall have authority to order and enforce the removal or change of berth or location of any ship or other water-craft at its own expense, to such place as he may direct, for the purpose of facilitating navigation or commerce, or for the protection of other ships or property and it shall be unlawful for the master, owner or agent of such ship to fail, neglect or refuse to obey such order.
Change of berth.
Belize Port AuthorityCAP. 233]
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(2) If there is no responsible person available, or if the person in charge refuses to shift the ship as directed, the Ports Commissioner shall cause the ship to be shifted at the risk and expense of the owner.
14. (1) No person shall berth a ship other than at a designated berth and a ship berthed at a designated berth shall not be shifted without the prior approval of the Ports Commissioner.
(2) Any ship berthed or shifted in contravention of paragraph (1) shall be subject to removal to a proper berth by the Ports Commissioner without notice to the owners and at the owner’s expense.
15. Anyone on the port property at any time becoming aware of an emergency situation of any nature should notify an authorised officer by the fastest means, while taking such immediate action as may be appropriate.
16. (1) It shall be unlawful for any person to loiter upon the premises of the Authority.
(2) It shall be unlawful for unauthorised persons to enter cargo movement or handling areas.
17. Painting signs on structures belonging to the Authority is prohibited without prior approval. Signs to be created on the port shall be furnished by the port users and erected or placed by the user after the Ports Commission shall have approved the design, material and size of said signs.
18. It shall be unlawful for any person to smoke or to light any match or to have any naked flame upon or in any facilities where smoking is prohibited by the port.
19. (1) It shall be unlawful to park any motor vehicle in a restricted area
Unauthorised berthing.
Emergencies.
Loitering on Port Property.
Signs.
Smoking.
Vehicles.
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
45
or to park a motor vehicle, trailer or any other vehicle in loading zones for any longer period than is necessary to load or discharge cargo or passengers.
(2) All vehicles entering port premises, not engaged in the transportation of cargo, shall park in the areas designated by the Authority.
20. (1) Stevedore’s tools, appliances, equipment, vehicles or any other materials or objects which are not part of the cargo shall not be permitted to remain on the wharves or in the transit sheds, except at the discretion of the Ports Commissioner.
(2) Cargo or gear shall not be stored on the aprons, in driveways, roadways, or any other locations that would hamper normal port operations without approval of the Authority. If not removed when so ordered, it shall be subject to removal by the Authority at the agent’s expense.
21. (1) Ships within a port shall have sufficient hands on board to attend to their moorings, and to cause them to be slackened or heave in as necessary. No rope shall be made fast except to dolphins, buoys, moorings and bollards placed for that purpose, and no wire rope may be used unless the bollards and the edge of the coping of the wharf are protected from chafes to the satisfaction of the Ports Commissioner. Chain cables may not be used for mooring alongside a wharf.
(2) Ships shall anchor, moor, and berth to the satisfaction of the Ports Commissioner, and shall take such additional precautions in severe weather as may be ordered.
(3) Ships alongside wharfs shall affix efficient rat guards on every line and wire connected to or reaching shore if so ordered by the Ports Commissioner.
22. A watch shall be constantly kept by day and night upon the open deck of every ship in port.
Wharf obstruction.
Ship’s moorings etc.
Watch to be kept on board.
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
23. (1) Ships shall at all times be kept in a fit condition to be moved and in default the work may be performed by the Authority at the ship’s risk and expense.
(2) Ships entering, leaving or shifting berth within a port shall be provided with sufficient hands for the purpose and shall have on board good and sufficient warps, and no warp may be cast off unless so authorised by the Ports Commissioner.
24. If any mooring or marker buoy is dragged from its position or damaged by any ship, the fact shall be reported immediately to the Ports Commissioner and the cost of repairing or replacing the said mooring or marker shall be paid for by such ship.
25. Ships arriving at a port with intentions of discharging cargo shall have priority to berth in order of their time of arrival, but if a ship proceeds to another port and commences discharging priority shall be given to the next ship arriving. Nevertheless, the Ports Commissioner may give priority to later ships in an emergency or in order to save perishable cargo.
26. Until Customs, Immigration and Health formalities have been completed no unauthorised person may board or leave an arriving ship.
27. Ships loading or discharging loose cargo on pallets shall cause a cargo to be placed in such manner as to prevent any such cargo from falling into the waters of the Port, and any cargo or ship’s gear dropped overboard shall at once be reported by the person in charge of the ship to the Ports Commissioner and shall be recovered by such persons if it is reasonably possible for him so to do. Failing this, it may be recovered by the Ports Commissioner at the risk and expense of the owners of such ship.
28. (1) If a ship fails to take in or discharge its cargo with such dispatch as appears reasonable to the Ports Commissioner, such ship shall after notice
Ships to be in readiness to move.
Displaced mooring to be reported.
Condition under which ship has priority.
Customs, Immigration and Health formalities.
Ships loading or discharging.
Ships to be worked with reasonable dispatch.
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
47
has been given to that effect to the master lose its turn and be removed from the wharf by the Ports Commissioner at the risk and expense of the ship.
(2) The Ports Commissioner may, in the event of excessive accumulation of goods upon a wharf require any ship to reduce or suspend the discharge of cargo.
29. No ship’s gear, dunnage, cattle fittings or the like shall be placed on any wharf without the Ports Commissioner’s permission.
30. (1) Ships in port are subject to inspection by the Ports Commissioner at any time, which inspection may extend to every part thereof including cargo gear.
(2) Such ship may be required to produce a valid cargo gear certificate issued from a source recognised by the Authority.
(3) Ropes, slings and wires in general use for hoisting or lowering shall be inspected once in every three months and where explosives are being handled, all machinery and attachments, including ropes, slings, nets and wire cables shall be inspected immediately prior to use.
31. When required by the Ports Commissioner a ship’s water closets and latrines shall be closed during such period as the ship is in port. All closets and latrines shall have splash boards or similar device so as to prevent fouling the wharf or any other ship.
32. (1) In the event of a fire occurring on board a ship in Port, the master or watch shall at once give the alarm and take such action towards the protection of property as the Ports Commissioner may direct.
(2) Ships shall in the event of a fire on board hoist “N. Q.” of the International Code and at the same time sound one long and three short blasts
Ships gear repairs etc.
Inspection.
Sanitary arrangements in Port.
Fire on ships.
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
in quick succession on the whistle. The signal “N. Q.” shall be kept hoisted until the fire on board has been extinguished.
33. Persons on port areas shall comply with the instructions of constables and other authorised persons in the event of an outbreak of fire, and shall not obstruct or interfere with fire fighting operations.
34. Whoever, except with the permission of the Ports Commissioner, boards or leaves a ship while such ship is in motion or otherwise than by means of a gangway or efficient pilot ladder is guilty of an offence.
35. Ships will be provided with sufficient passes by the Ports Commissioner for crew members. No crew member will be permitted to leave or enter a port area without a pass; such passes must be returned to the Ports Commissioner one hour before sailing time posted on board such ship in order to ensure that all crew members are on board.
36. (1) The Ports Commissioner may require labourers and visitors within a port to wear identification discs.
(2) Labourers and visitors shall collect identification discs at the Authority’s Office and shall enter or leave the port area through the port gate provided for the purpose and while on port premises are subject to the Ports Commissioner’s lawful orders. The Ports Commissioner may, if he so desires, have all persons and vehicles checked before entering and leaving port areas.
37. No persons shall supply or convey or deliver any intoxicating liquor to any crew member or to any other person on board any ship in port unless-
(a) purchased with the consent of the master of the ship, from a person licensed to sell the same;
(b) such liquor is delivered in bond and checked and sealed
Fire fighting operations.
Boarding or leaving ships.
Ship Passes.
Labourers and visitors to wear identification.
No liquor to be carried through port gates.
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
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by Customs, the said seal not to be broken while the ship is within the Port limits.
38. Dogs and cats are not permitted to land from ships without a certificate from a Veterinarian at the last port of call and port of origin (if different) and a permit from a Government Veterinary Officer showing that the said animal is free from disease.
39. Whoever drives a mechanically propelled vehicle within a port area so as to cause danger to any person or property is guilty of an offence.
40. Drivers and persons in charge of mechanically propelled vehicles shall at all times while entering or leaving a port area conduct themselves in an orderly manner and comply with such orders as may from time to time be issued by the Ports, Commissioner and with the terms of any notices and signs exhibited by order of the Authority.
41. Whoever in a port area disregards a traffic signal or fails to stop when called upon to do so by a constable or other authorized person is guilty of an offence.
42. Explosives, inflammables and other hazardous commodities or materials shall not be handed over or received on the wharfs or other facilities of the Port Authority until and unless approval is obtained from the Commissioner of Police.
____________
Dogs and cats aboard ships.
Dangerous driving.
Behaviour of motorists.
Traffic signals.
Explosives, inflammables and other.
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
CHAPTER 233
BELIZE PORT AUTHORITY (DESIGNATED BERTH) REGULATIONS
ARRANGEMENT OF REGULATIONS
1. Short title. 2. Interpretation. 3. Designated Berth. 4. Applications to be made in advance. 5. Assignment of berth. 6. Motor vehicles to be assigned designated parking places. 7. Vessels to bear permanent name or number. 8. Berthage dues. 9. Loading and unloading of cargo. 10. Goods left at designated berth. 11. Recovery of seized goods procedure. 12. Removal of goods in public interest. 13. Removal of refuse. 14. Vessels not loading or unloading. 15. Monies payable.
____________
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51
CHAPTER 233
BELIZE PORT AUTHORITY (DESIGNATED BERTH) REGULATIONS
[26th October, 1996.]
1. These Regulations may be cited as the
BELIZE PORT AUTHORITY (DESIGNATED BERTH) REGULATIONS.
2. In these Regulations, unless the context otherwise requires: -
“alongside” means in such proximity to the designated berth that access may be had to such berth other than by the use of a lighter, barge, dorey or similar vessel, excluding such a vessel which is made fast to the berth;
“Authority” means the Belize Ports Authority;
“berthage charges” means the charges applicable for vessels moored alongside the designated berth as stipulated in the Port Authority (Tariff) Regulations;
“day” means a period of twelve consecutive hours from the time the vessel arrives alongside the berth;
“designated berth” means the low berthage facility area immediately at the foot of the Belize Port Authority’s main pier, extending approximately 150 meters therefrom to the east, in the direction of the Esso Bulk Storage facilities;
“motor vehicle” has the meaning assigned to it in section 2 of the Motor Vehicles and Road Traffic Act.
141 of 1996.
Short Title.
Interpretation.
Sub. Leg. 1991 Edn. Vol. IV CAP. 189, p23.
CAP. 230.
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THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
3. All vessels engaging in loading or unloading operations relating to the carriage of goods between Belize City, the cayes and points along the coast and vice versa shall do so at the designated berth.
4. The owner, master, or agent of any vessel desiring to be assigned a berth at the designated berth shall as far as reasonably possible but not later than 12 hours in advance of the arrival of the vessel, make application to the Ports Commissioner in writing.
5. (1) The Ports Commissioner or Port Manager shall assign a berth upon receipt of an application referred to in Regulation 4 above.
(2) No vessel shall anchor or make fast alongside the designated berth without the consent of the Ports Commissioner or Port Manager.
(3) A berth assignment made under subregulation (1) above shall be strictly adhered to at all times, unless further directions, variations, or orders relating thereto are given by the Ports Commissioner or Port Manager.
(4) A vessel anchored or made fast alongside the designated berth may at any time be moved therefrom at the request of the Ports Commissioner or Port Manager.
(5) Where a request of the Ports Commissioner or Port Manager is not complied with by the master, owner or agent of the vessel concerned within the time stipulated in such request, the Ports Commissioner or Port Manager may cause such vessel to be moved at the expense and risk of the master, owner or agent.
6. (1) Motor vehicles engaged in the delivery or removal of cargo to and from the designated berth shall be assigned a parking place by an authorized officer.
Designated Berth.
Applications to be made advance.
Assignment of berth.
Motor Vehicles to be assigned designated parking places.
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
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(2) Any person in charge of a motor vehicle referred to in subregulation (1) above shall move that vehicle when requested to do so by the authorized officer, and if that person refuses to comply with the request of the authorized officer:-
(a) he shall be guilty of an offence and liable to a fine of two hundred dollars and;
(b) such vehicle may be moved by the authorized officer at the risk and expense of the person concerned.
7. (1) Every vessel coming alongside the designated berth shall bear in a conspicuous place on the outside of its hull a distinctive and permanent name or number.
(2) The master, owner or agent of a vessel which comes alongside the designated berth and is not marked as provided in subregulation (1) above shall be guilty of an offence and liable on summary conviction to a fine of not less than two hundred dollars.
8. (1) There shall be paid berthage charges in respect of any vessel anchored or made fast alongside the designated berth.
(2) The berthage charges payable under the provisions of these Regulations shall be paid or secured to the satisfaction of the Ports Commissioner or Port Manager before a vessel is moved from alongside the designated berth.
(3) Any person moving, or attempting to move, a vessel in contravention of subregulation (2) above commits an offence and is liable on summary conviction to a fine equal to three times the unpaid berthage charges. The fine shall be credited to the account of the Authority.
9. The cargo of vessels at the designated berth shall be loaded or unloaded with such dispatch as appears reasonable to the Ports Commissioner or the
Vessels to bear permanent name or number.
Berthage dues.
Loading and unloading of cargo.
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
Port Manager. If such vessel fails to load or unload its cargo with such dispatch, and after notice has been given to that effect to the master, such vessel shall lose its turn and shall be removed from the berth by the Ports Commissioner or the Port Manager at the risk and expense of the master, owner or agent.
10. (1) No goods shall be left at the designated berth for a period exceeding twelve consecutive hours without the written permission of the Ports Commissioner or Port Manager.
(2) Any goods left at the designated berth contrary to subregulation (1) above may be seized, and unless claimed by the owner within 14 days of such seizure, may be sold by the Ports Commissioner or Port Manager by public auction.
(3) Where goods have been sold by public auction in accordance with subregulation (2) above, the Ports Commissioner or the Port Manager shall apply the proceeds of such sale firstly towards meeting the cost of the public auction and any monies owed to the Belize Ports Authority, and then pay the remainder, if any, to the owner thereof.
11. (1) All goods left at the designated berth shall be at the sole risk of the owner or carrier of such goods.
(2) Where goods have been seized in accordance with Regulations 10 above, and the owner claims such goods within the period of 14 days before the public auction as provided in that Regulation, such owner shall be liable to pay to the Authority the same rent as would be payable if the goods were lodged in the Port Warehouse under the Port Authority (Tariff) Regulations.
(3) There shall be paid by the owner or carrier of goods left at the designated berth for more than twelve hours after they have been landed thereat the same rent as would be payable if the goods were lodged in the Port
Goods left at designated berth.
Recovery of seized goods-procedure.
Sub. Leg. 1991 Edn. Vol. IV CAP. 189 p. 23
Sub. Leg. 1991 Edn. Vol. IV CAP. 189 p. 23
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Warehouse under the Port Authority (Tariff) Regulations.
(4) Any rent due under subregulations (2) and (3) above shall be paid by the owner or carrier upon demand by the Ports Commissioner or Port Manager.
(5) Where a demand for payment of any rent payable under subregulation (2) or (3) above has been made by the Ports Commissioner or Port Manager and the owner of such goods fails to pay such rent within 14 days from the demand, the Ports Commissioner or Port Manager may, after 14 days from such demand, sell the goods by public auction and apply the proceeds of such sale in the manner provided by Regulation 10(3) above.
12. Whenever it appears necessary in the public interest that any goods should be removed from the designated berth, the Ports Commissioner or the Port Manager may order the owner or person in charge of such goods to remove them from the designated berth within a specified time and, if such goods are not removed within the specified time, it shall be lawful for the Ports Commissioner or Port Manager to cause such goods to be removed at the risk and expense of the owner or person in charge. In addition, the owner or person in charge of such goods shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.
13. (1) Upon completion of the loading or unloading of its cargo, the master of every vessel shall ensure that all dunnage or other refuse caused thereby shall be removed from the designated berth.
(2) The master of any vessel who fails to comply with the provisions of subregulation (1) above commits an offence and shall be liable on summary conviction –
(a) to the cost of the removal of the dunnage and other refuse; and
Removal of goods in public interest.
Removal of refuse.
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(b) to a fine of three hundred dollars. The fine shall be credited to the account of the Authority.
14. Any vessel not engaged in loading or unloading operations at the designated berth shall not be moored at the berth, and shall be moored or anchored at a safe anchorage in the harbour.
15. All monies payable under these Regulations (including fines) shall be paid in Belize City to the account of the Belize Port Authority.
MADE by the Belize Port Authority this 11th day of October, 1996.
......................................... (W. H. LONGSWORTH)
Chairman Belize Port Authority
APPROVED by the Minister of Energy, Science, Technology and Transportation this 15th day of October, 1996.
........................................ (JOSEPH CAYETANO)
Minister of Energy, Science, Technology & Transportation
____________
Vessels not loading or unloading.
Monies payable.
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57
CHAPTER 233
BELIZE PORT AUTHORITY (APPOINTED DAY) ORDER
ARRANGEMENT OF REGULATIONS
1. Short title.
2. Appointed day.
____________
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CHAPTER 233
BELIZE PORT AUTHORITY (APPOINTED DAY) ORDER
[27th April, 2002.]
1. This Order may be cited as the
BELIZE PORT AUTHORITY (APPOINTED DAY) ORDER.
2. In exercise of the powers conferred upon me by section 102(l) of the Belize Port Authority Act (as amended), and all other powers thereunto me enabling, I, HENRY CANTON, Minister responsible for Ports, do hereby appoint the 18th January, 2002, as the “appointed day” on which Part XIII of the said Act shall come into force.
MADE by the Minister responsible for Ports, this 17th day of January, 2002.
........................................... (DR.) (HENRY CANTON)
Minister of Works, Transport and Communications,
Minister responsible for Ports
____________
57 of 2002.
Short title.
Appointed day.
CAP. 233 Act 37 of 2001.
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59
CHAPTER 233
BELIZE PORT AUTHORITY (NOMINATED COMPANY) ORDER
ARRANGEMENT OF REGULATIONS
1. Short title.
2. Nominated Company.
____________
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CHAPTER 233
BELIZE PORT AUTHORITY (NOMINATED COMPANY) ORDER
[27th April, 2002.]
1. This Order may be cited as the
BELIZE PORT AUTHORITY (NOMINATED COMPANY) ORDER.
2. In exercise of the powers conferred upon me by section 102(l) of the Belize Port Authority Act (as amended), and all other powers thereunto me enabling, I, HENRY CANTON, Minister responsible for Ports, do hereby nominate the PORT OF BELIZE LIMITED, a public limited liability company registered under the Companies Act, as the “nominated company” to take over the operational and management functions of the Belize Port Authority in respect of a privatised port.
MADE by the Minister responsible for Ports, this 18th day of January, 2002.
............................................ (DR.) (HENRY CANTON)
Minister of Works, Transport and Communications,
Minister responsible for Ports
____________
58 of 2002.
Short title.
Nominated Company.
CAP. 233 Act 37 of 2001.
CAP. 250
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61
CHAPTER 233
BELIZE PORT AUTHORITY (VESTING DAY) ORDER
ARRANGEMENT OF REGULATIONS
1. Short title.
2. Vesting day.
3. Transfer of assets and liabilities of the Authority to the nominated Company.
4. Compensation.
SCHEDULE
____________
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CHAPTER 233
BELIZE PORT AUTHORITY (VESTING DAY) ORDER
[27th April, 2002.]
1. This Order may be cited as the
BELIZE PORT AUTHORITY (VESTING DAY) ORDER.
2. In exercise of the powers conferred upon me by section 102(l) of the Belize Port Authority Act (as amended), and all other powers thereunto me enabling, I, SAID W. MUSA, Minister responsible for Finance, do hereby appoint the 18th January, 2002, as the “vesting day” for the purposes of the said Act.
3. As from the vesting day, the assets and liabilities of the Belize Port Authority as set out in the Schedule hereto shall be transferred to and vest in the Port of Belize Limited, the nominated Company.
4. The compensation to be paid by the nominated Company for the transfer of property pursuant to paragraph 3 above shall be the issue to the Government of Belize 26,666,667 fully paid up shares of BZ $1.50 each in the capital stock of the nominated Company.
MADE by the Minister responsible for Finance, this 17th day of January, 2002.
...................................... (SAID W. MUSA) Minister of Finance
59 of 2002.
Short title.
Vesting day.
CAP. 233. Act 37 of 2001.
Transfer of assets and liabilities of the Authority to the nominated company.
Compensation.
Schedule.
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63
SCHEDULE (Paragraph 3)
Notes ASSETS Property and equipment Leasehold property - Commerce Bight 1 Total non-current assets
Cash and Bank Investments 2 Inventories 3 Accounts receivable and prepayments 4 Total current assets
Total assets
EQUITY AND LIABILITIES Advance by Government of Belize Contributed capital Capital reserve Unappropriated retained earnings Appropriated retained earnings Total equity
Long-term debt 5 Total non-current liabilities
Accounts payable and accruals 6 Customer deposits Long-term debt current portion 5 Total current and liabilities
Total equity and liabilities
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Note 1 – Property and Equipment
ITEM
BELIZE CITY PORT BUILDINGS
BELIZE CITY PORT OFFICE WAREHOUSE #1 BLDG LOW LEVEL BERTH SECURITY BOOTH GENERATOR HOUSE MECH. WORKSHOP & GARAGE #1 MECH. WORKSHOP & SHED #2 MECH. GARAGE #3 PILOT BUILDING OPERATIONS & SECURITY SHED OFFICE - WAREHOUSE #1 CONCRETE VAT SECURITY OFFICER TOILET RAMP SHED #1 SECURITY BOOTHS FUEL STORAGE FACILITY SHED EXTENSION OFFICE CONCRETE BUILDING PIERHEAD TOTAL BUILDINGS
LIGHTING
LIGHTING - PORT COMPOUND PIER LOW-BERTHAGE REEFER OUTLETS TOTAL LIGHTING
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PIER
BELIZE CITY PORT-PIER PROTECTIVE PILES WOODEN PIER LOW BERTH FACILITY TOTAL PIER
FENCING
BELIZE CITY PORT
VEHICLES
GOLF CART [1] I GOLF CART TOTAL VEHICLES
Note 1 - Property and Equipment (cont’d)
BELIZE CITY PORT EQUIPMENT
MANITOWOC CRANE 1 DOCK TRACTOR (OTTOWA) 1 FORKLIFT HYSTER (CONT. HLDG) 2 DOCK TRACTOR (OTTOWA) 4 FORKLIFT HYSTER (BUTANE) 1DOCK TRACTOR (OTTOWA) 1 LOWBED TRAILER (20') 5 TRAILER 40' COMBINATION 1 FORKLIFT HYSTER (BUTANE) 1 LOW-BOY TRAILER (34 TONS) 2 HIGHBED TRAILER (20')
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1 CONTAINER STACKER 2 FLAT BED TRAILER 40' 2 FIRE EXTINGUISHERS 2 FLAT BED TRAILER 40' FUEL TANK TRAILER CAMPER. FIRE HYDRANTS (3) GANGWAY BICYCLE RACK LINCOLN ARC WELDER AIR COMPRESSOR 1 SPREADER (40') 1 SPREADER (20') 1 GENERATOR HOUSE SHED #1 1 GENERATOR (CATERPILLAR) EXCELL PRESSURE WASHERS 4 NYLON SLINGS 3 PALLET JACKS 1TRIMMER POULAN 185R 1HYSTER 1 SUPER HAWK FUMIGATOR 1 MOTOROLA G1225-50 W REPEATER 1-13 HP PRESSURE WASHER (HONDA) WEATHER RADAR EQUIPMENT 1 HONDA GENERATOR WELDER 2 FORKLIFTS TOTAL BELIZE CITY PORT EQUIPMENT
RADIO EQUIPMENT BELIZE CITY PORT
FURNITURE & EQUIPMENT
COMPUTER PROGRAMME
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FREEHOLD LAND
TOTAL FIXED ASSETS BELIZE PORT
Note 2 - Investments
Time Deposits
Bank of Nova Scotia
Belize Bank Ltd.
Note 3 - Inventories
Spares and accessories Stationary and supplies Stores Fuel, Lubricants
Less: provision
Note 4 - Accounts receivable and prepayments
Trade receivables Trade receivables Advance to Employees Hurricane relief advance Prepaid insurance Interest receivable
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Less: provision
Cash and Bank
Bank of Nova Scotia
Barclays Bank PLC.
Atlantic Bank Ltd.
Petty Cash
____________
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69
CHAPTER 233
BELIZE PORT AUTHORITY (PILOTAGE) REGULATIONS
ARRANGEMENT OF REGULATIONS
1. Title. 2. Interpretation. 3. Qualifications. 4. Additional requirements. 5. Board. 6. Matters on which candidates to satisfy Board. 7. Certificate of competency. 8. Pilot’s licence. 9. Pilots licence in certain cases. 10. Refusal to renew and suspension of licence. 11. Fees. 12. Where towing vessels. 13. Disputes. 14. Inward and outward pilotage. 15. Boarding and leaving vessels. 16. Pilots’ residence. 17. Lapse and revocation of permit. 18. Roster. 19. Attendance on Harbour Master. 20. Report. 21. Clearance. 22. Report on hoisting of flag. 23. Care and diligence. 24. Behaviour. 25. Obedience to orders, etc. 26. Provisions of law. 27. Pilots over 65.
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28. Pilots flag. 29. Pilots light. 30. Calling pilot. 31. Display of signal. 32. Wrongly displaying lights, etc. 33. Payment to pilots. 34. Discontinuance of granting licences. 35. Report of change or unusual matter. 36. Penalty.
FIRST SCHEDULE
SECOND SCHEDULE
____________
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CHAPTER 233
BELIZE PORT AUTHORITY (PILOTAGE) REGULATIONS*
1. These Regulations may be cited as the
PILOTAGE REGULATIONS.
2. In these Regulations-
“Board” means the Board of Examiners appointed by the Harbour Master for the purposes of these Regulations;
“licence” means a licence as a pilot granted under the provisions of these Regulations;
“the Act” means the Pilotage Act.
LICENSING OF PILOTS
3. Any of the following persons being citizens of Belize and not less than twenty-one years of age or more than sixty-five years of age may apply in writing to the Harbour Master to be examined as to his capacity to be a licensed pilot:
(a) any person who has undergone an apprenticeship or continuous service under one or more qualified pilot or pilots for a term of, or for periods amounting in the whole to five years;
___________________________________________________________ *These Regulations were made under the authority of the Pilotage Act which was repealed on 1st November 1981 when Part VII of the Belize Port Authority Act came into force; and
has been saved by virtue of the provisions of s. 29 of the Interpretation Act (Cap.1).
Ch. 150. 40 of 1965. 6 of 1980. 27 of 1980.
Title.
Interpretation.
Qualifications.
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(b) any person who has served as master of a home trade or coasting ship of not less than twenty-five tons registered tonnage for a continuous period of not less than six years.
4. Every applicant for examination under the provisions of these Regulations shall, on application for such examination-
(a) produce at least two certificates of good moral character and sobriety,
(b) pay into the Port Authority office the fee of $50, and
(c) produce a medical certificate signed by a Government medical officer showing that by reason of such applicant’s sight, hearing and physical fitness he is medically fit to perform the duties of a pilot.
5. (1) The Harbour Master may, from time to time, appoint such persons as he may think fit to form a Board for the examination of persons applying for certificates of competency as pilots.
(2) Any three of the persons so appointed shall form a quorum.
(3) The Board may call to its aid at any examination the assistance of any master mariner or qualified pilot.
6. No person eligible for examination under these Regulations shall be granted a certificate of competency unless he satisfies the Board of his ability to read and write and of his knowledge of the following:
(a) the international regulations for the prevention of collisions at sea;
Additional requirements.
Board.
Matters on which candidates to satisfy Board.
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73
(b) charts and their use;
(c) fixing the position of a vessel by compass bearings;
(d) variation and deviation of a compass and the application of same to compass courses and bearings;
(e) the ports of Belize including the depth of water within each port, off-lying shoals, reefs, the width of channels and other details relating to the regular navigational routes in the waters of Belize;
(f) the courses and distances between places within Belize;
(g) the complete management of a vessel including the anchoring, mooring and unmooring and berthing of vessels;
(h) all recognised anchorages in the Belize Harbour and other harbours in Belize;
(i) the marks on and the use of the hand lead line;
(j) hurricanes in the Gulf of Mexico and Caribbean area and weather conditions in Belize;
(k) the law and regulations governing pilotage in Belize;
(l) the international signals to be given by vessels with respect to pilots;
and of any other matters which the Board of Examiners may consider necessary.
7. (1) Every applicant for examination who complies with all the Certificate of competency.
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requirements of these Regulations and satisfies the Board of his fitness to perform the duties of a pilot shall be issued with a certificate of competency in the form set out in Form A of the First Schedule to these Regulations.
(2) Every such certificate shall be signed by the members of the Board.
(3) Notices shall be published in the Gazette of every certificate of competency and of every licence issued under the provisions of these Regulations.
(4) The Harbour Master shall keep a list of all qualified pilots with their addresses exhibited in a conspicuous place in his office.
8. (1) A person who has been granted a certificate of competency shall not offer himself for service as a qualified pilot until he has been granted a pilot’s licence by the Harbour Master in the form set out in Form B of the First Schedule to these Regulations.
(2) A pilot’s licence shall remain in force until the end of the year in which it is issued:
Provided that whenever an order suspending a pilot’s licence is made such licence shall cease to have effect during the term of suspension.
(3) A pilot’s licence shall be renewable annually on application made to the Harbour Master supported by a medical certificate giving particulars as required by paragraph (c) of regulation 4 of these Regulations.
9. (1) Notwithstanding anything contained in these Regulations the Harbour Master may grant a licence in Form C of the First Schedule to these Regulations to any person applying for the same who holds a pilot’s licence granted to him before the 31st December 1953, under the provisions of the Pilotage Act, as amended, and who the Harbour Master is satisfied has remained
Pilot’s licence.
Pilots licence in certain cases.
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75
a fit and proper person to perform the duties of a pilot.
(2) A licence granted in the Form C of the First Schedule to these Regulations shall contain the same conditions and limitations as are set out in the pilot’s licence previously held by the applicant under the provisions of the Pilotage Act aforesaid.
(3) The provisions of these Regulations which apply to licences granted in Form B of the First Schedule to these Regulations shall apply mutatis mutandis to licences when granted in the Form C of the First Schedule to these Regulations.
(4) The annual fee for a pilot’s licence whether in Form B or Form C of the First Schedule to these Regulations shall be one hundred dollars.
10. (1) If at any time the Harbour Master is of opinion that the licence of a pilot should not be renewed or that a pilot is for any reason incapable of discharging his duties as a pilot, the Harbour Master shall refuse to renew such licence or shall suspend such licence, as the case may be, and report the same to the Minister who shall institute such inquiry into the matter as he may deem fit.
(2) If the Minister after such inquiry is satisfied that the pilot so reported is unfit or unable to perform the duties of a pilot the Minister shall thereupon order that the licence of such pilot shall not be renewed or shall be cancelled as the case may be.
FEES FOR PILOTAGE
11. (1) The fees payable to qualified pilots for the pilotage of all vessels shall be those set out in the Second Schedule to these Regulations and shall be paid in at the Port Authority office by the master of the vessel, and failing payment by him by the agent or consignee thereof.
Refusal to renew and suspension of licence.
Fees.
40 of 1965.
Second Schedule.
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(2) The fees in respect of any pilotage not included in the said Schedule shall be fixed by the Harbour Master.
(3) Every pilot engaged to pilot an expected vessel shall be entitled to the fees applicable to other vessels of the same tonnage.
12. (1) A pilot piloting any vessel which is towing another vessel or other vessels shall, in addition to the fees for the vessel which he is piloting, be entitled to the following fees:
(a) in respect of each vessel being towed on which there is no pilot, the appropriate fee specified in the Second Schedule hereto in respect of such vessel;
(b) in respect of each vessel being towed on which there is a pilot, a fee equivalent to one-half of the appropriate fee specified as aforesaid in respect of such vessel.
(2) A pilot piloting any vessel which is being towed shall be entitled to a fee equivalent to one-half the appropriate fee specified in the Second Schedule hereto in respect of such vessel.
13. In the event of any dispute as to the tonnage of a vessel the same shall forthwith be referred to the Harbour Master whose decision shall be final.
14. (1) A pilot who has been engaged for inward or outward pilotage of any vessel in a port other than Belize City or for any movements within the pilotage limits of Belize other than in the Belize Harbour or between English Caye and Belize City shall be reimbursed by the owner, master, agent or consignee of such vessel any reasonable transportation and subsistence expenses necessarily incurred by him in connection with the pilotage for which he was engaged.
Where towing vessels.
Disputes.
Inward and outward pilotage.
Second Schedule.
Second Schedule.
Second Schedule.
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77
(2) Notwithstanding the provisions of paragraph (1) of this regulation no pilot shall be entitled to be reimbursed any transportation expenses if a suitable means of transportation is offered to him by the owner, master, agent or consignee of the vessel in respect of which his services were engaged or if Government transportation is made available to him.
(3) For the purposes of paragraphs (1) and (2) of this regulation the decision of the Harbour Master as to whether the payments for transportation and for subsistence are reasonable or whether the means of transportation offered to a pilot is a suitable means of transportation shall be conclusive.
PILOT STATIONS
15. (1) English Caye and Goffs Caye situate at the entrance to the ship’s channel of the Belize City Harbour are pilot stations.
(2) Pilots shall board or leave incoming and outgoing vessels respectively immediately outside the hundred fathoms curve east of Goffs and English Caye Banks or approximately two miles to the east of the said Cayes:
Provided that a pilot may, with the consent of the master of the vessel which he is piloting, either board or leave such vessel at any other place.
16. (1) Pilots will be permitted to reside either at English Caye or Goffs Caye.
(2) Any pilot wishing to erect quarters for his residence shall make application in writing to the Harbour Master who shall, providing there is sufficient available space on either Caye, issue a permit in writing subject to the following:
(a) the payment of an occupancy fee of one dollar per annum to the Commissioner of Lands and Surveys;
Boarding and leaving vessels.
Pilots’ residence.
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(b) that not more than four persons in the pilot’s household shall be permitted to reside on the Caye;
(c) that the house shall be built on a site approved by the Harbour Master; and
(d) such other conditions as the Harbour Master may consider necessary.
17. (1) Any permit granted under the last preceding regulation shall cease to have effect immediately on the cancellation of the licence of the pilot or on his ceasing for any cause to be a licensed pilot.
(2) The Harbour Master may, at any time, revoke such permit for breach by the pilot of any of the conditions therein contained.
SERVICE AND CONDUCT OF PILOTS
18. Pilots shall work in rotation in accordance with instructions issued them by the Harbour Master who shall maintain a roster of duty and detail them for work according to their order of seniority.
19. Every qualified pilot shall, whenever required, attend and produce his licence to the Harbour Master.
20. Every pilot, who shall come to Belize City or into the harbour thereof, shall report himself without delay at the Harbour Master’s office, and shall answer such questions with reference to his duties as a qualified pilot as may be there put to him.
21. No pilot shall move a ship from its anchorage to proceed on an outward voyage without the master previously exhibiting to him the clearance of the ship from the Port Authority office.
Lapse and revocation of permit.
Roster.
Attendance on Harbour Master.
Report.
Clearance.
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22. Whenever the pilot signal shall be hoisted on the flagstaffs at the Port Authority office and/or the Court House in Belize City, every qualified pilot then in Belize City shall at once report at the Harbour Master’s office.
23. Every pilot shall use his utmost care and diligence to conduct any vessel under his care without damage or injury to itself or any other vessel.
24. Every pilot shall conduct himself with strict sobriety and with due respect towards the masters and officers of vessels.
25. Every pilot shall pay strict attention to all the harbour regulations, and shall obey all orders and directions which may be given to him by the Harbour Master with respect to placing, mooring and moving vessels in his charge within such harbour.
26. Every pilot shall make himself thoroughly acquainted with the provisions of the Act and any regulations made there under.
27. No pilot who has attained the age of sixty-five years shall be entitled to have his licence renewed:
Provided that the Harbour Master may renew the licence of a pilot up to the age of seventy years if such pilot passes a medical examination to his satisfaction.
28. (1) Every pilot offering for service while afloat during the daytime shall carry a rectangular flag at least two feet in height and three feet in length, which shall be of two colours, the upper horizontal half white and the lower horizontal half red.
(2) This flag shall be placed on a mast, sprit or staff so that it can be clearly visible from all points on the horizon.
Report on hoisting of flag.
Care and diligence.
Behaviour.
Obedience to orders, tec.
Provisions of law.
Pilots over 65.
Pilots flag.
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29. (1) Every pilot offering for service during the night-time shall exhibit from the craft or boat in which he is travelling a white light which may be either carried at the masthead or shown or exhibited at short intervals.
(2) In addition every pilot shall have on hand a lantern with a green glass on one side and a red glass on the other which shall be flashed or shown at intervals to indicate the direction in which his craft is heading.
(3) The green light shall be shown on the starboard side, and the red light shall be shown on the port side of the craft or boat.
30. The master of any vessel requiring the services of a pilot when approaching a pilot station, or whilst in the Port of Belize City, shall cause to be exhibited such signals as may be prescribed from time to time by international agreement and contained in the International Code of Signals.
31. It shall be the duty of every pilot on taking pilotage charge of any vessel to cause to be displayed from the masthead of such vessel such flag or other signal which may be specified in the International Code of Signals to signify that such vessel is provided with a pilot:
Provided that if the master of the vessel prevents the pilot from having such flag or other signal displayed, such master and not the pilot shall be guilty of an offence against these Regulations.
32. (1) Any pilot showing any signal at night, when not in the proper recognised channels, or showing any light or signal when his boat is in such a position as would lead a vessel approaching such light or signal into danger, shall be guilty of an offence, and shall, in addition to any liability for damages at the instance of any person aggrieved, be liable on summary conviction to a fine not exceeding two hundred dollars.
(2) Every person who procures, abets or connives at the commission
Pilots light.
Calling pilot.
Display of signal.
Wrongly displaying lights, etc.
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81
of any such offence shall be guilty of an offence and on summary conviction be liable to a like penalty.
GENERAL
33. (1) The fees earned by pilots and deposited at the Port Authority office in accordance with the requirements of regulation 11 of these Regulations shall, subject to such deductions as are agreed to in writing between the Port Authority and the pilots, be repaid by the Harbour Master at either monthly or half monthly intervals as may be decided upon by the Harbour Master in equal shares to all qualified pilots who have worked throughout the month, or who reported for and were available for duty throughout the entire course of the month.
(2) A pilot who through sickness or any other cause is unable to perform his duties for any period shall not be entitled to any share of monies earned during such period.
34. (1) The Harbour Master may at any time and for any period discontinue the granting of licences if it shall appear to him that there is a sufficient number of pilots to meet the requirements of shipping.
(2) The power conferred by paragraph (1) of this regulation shall not be exercised unless a notice of the intention to exercise such power has been published in six consecutive issues in the Gazette.
(3) As soon as the Harbour Master shall consider that it is again desirable to grant pilot’s licences he shall cause a notice to that effect to be published in the Gazette.
35. Whenever any pilot shall observe any alteration to the charted depth of water at any port or anywhere around the coast, or the displacement of any buoy or of any irregularity in connection with any light, mark, or other navigational aid, or the presence of any floating object dangerous to navigation or of any
Payment to pilots.
Discontinuance of granting licences.
Report of change or unusual matter.
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THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
matter affecting the safety of navigation, he shall forthwith report it to the Harbour Master.
36. Any person who fails to comply with or acts in contravention of any of these Regulations shall be guilty of an offence against these Regulations, and shall, on summary conviction, be liable to a fine not exceeding two hundred dollars.
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Penalty.
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
83
FIRST SCHEDULE
(Regulation 7)
FORM A
BELIZE
CERTIFICATE OF COMPETENCY UNDER THE PILOTAGE REGULATIONS
THIS IS TO CERTIFY that Mr. ………..............................................……….. of .......................................................... has been carefully and personally examined by us, whose names are hereunto subscribed, members of the Board of Examiners, regarding his skill and ability in the navigation of sailing vessels and steamers, and his knowledge of the ports of Belize, and of the channels leading thereto, and of the rocks, shoals and dangers therein, and he is possessed of sufficient nautical skill to be put in pilotage charge of vessels and steamers of the largest size and greatest draught of water entering any of the ports of Belize, and that in our belief he is a person of good character and of sober habits.
Given under our hand at ...................................... this ............. day of 20............
................................................................
................................................................
................................................................ Board of Examiners.
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
FORM B
(Regulation 8)
BELIZE
LICENCE TO QUALIFIED PILOT
THIS IS TO CERTIFY that Mr. ………….......................……. of ……………........…… is licensed as a pilot for conducting all sailing vessels and steamers of the largest size and greatest draught of water entering or navigating within the limits of the waters of Belize.
This licence expires on the 31st day of December 20…., unless suspended or revoked prior to the aforesaid date under the provisions of the Pilotage Regulations.
Dated this ................................... day of ............................................ 20 ............. . Harbour Master.
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
85
FORM C
(Regulation 9)
BELIZE
LICENCE TO PILOTS HOLDING LICENCE PRIOR TO 31st DECEMBER, 1953
THIS IS TO CERTIFY that Mr. ......................................................................... of is licensed as a pilot for conducting sailing vessels and steamers of the largest size and the greatest draught of water entering or navigating the waters of Belize within the following limits:- ............................................................................................................................................ ............................................................................................................................................. .................................................................................................................................................
This licence expires on the 31st day of December, 20..... , unless suspended or revoked prior to the aforesaid date under the provisions of the Pilotage Regulations.
Belize Port AuthorityCAP. 233]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
SECOND SCHEDULE
FEES FOR PILOTING OF SHIPS AND VESSELS
1. For any vessel, either inwards or outwards between English Caye and Belize City, per foot of maximum draught ............................. $4.50
With additional charges of .08 cents a registered ton for vessels up to 800 tons; or .05 cents a ton for vessels above 800 tons; subject to a minimum payment in respect of any vessel above 800 tons of .. $64.00
2. Between Belize City and The Bogue or Sibun .............................. $75.00
3. Between Belize City and points on the Southern Coast as far as Placencia, per foot of maximum draught ....................................... $4.50
plus tonnage charges as in 1.
4. Between English Caye and points on the Southern Coast as far as Placencia, or between Belize City and places beyond Placencia, per foot of maximum draught ....................................................... $5.00 plus tonnage charges as set out in 1 above.
5. Between English Caye and points beyond Placencia, per foot of maximum draught ........................................................................ $6.00 plus tonnage charges as set out in 1 above.
6. A daily allowance to the pilot for every day (including stoppages at intermediate points) he is detained on board beyond the time necessary to bring in or take out the vessel, of .............................. $40.00
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