Revised Laws of Mauritius
PORTS ACT Act 3 of 1998 – 1 August 1998
ARRANGEMENT OF SECTIONS
SECTION PART I – PRELIMINARY 1. Short title 2. Interpretation PART II – CONSTITUTION AND
FUNCTIONS OF AUTHORITY 3. Establishment of Authority 4. Functions and duties of Authority 5. Port masterplan 6. The Board 7. Meetings of Board 8. Director-General 9. Delegation of powers
10. Port users’ council 11. Powers of Minister 12. Annual reports 13. Appointment of staff 14. Conditions of service of staff 15. Protection from liability PART III – FINANCIAL
PROVISIONS 16. Principles of financial
management 17. Capital and borrowing 18. Investments 19. — 20. Rates, charges, dues and fees 21. Power of entry into vessels 22. Power to distrain PART IV – GENERAL POWERS
AND DUTIES 23. General powers 24. Licensing 25. Limits of ports 26. Land and buildings 27. Power to construct works 28. Control of development 29. Power to allocate facilities for
exclusive use 30. Protection of environment
PART V – NAVIGATION AND OTHER BUSINESS IN PORTS
31. Powers of officers 32. Directions of Port Master 33. Clearance of vessels 34. Pilotage services 35. Licensing of pilots PART VI – HANDLING, STOR-
AGE AND DISTRIBUTION OF GOODS IN PORTS
36. Provision of cargo handling and port services
37. Suspension and revocation of contract or licence
38. Submission of information 39. Power to remove goods 40. Power to dispose of goods 41. Bonded warehouses PART VII – LIABILITY OF
AUTHORITY AND LICENSED OPERATORS
42. Liability for transhipment goods 43. Liability for goods other than
transhipment goods 44. Exemption from liability 45. Liability for vessel under pilotage 46. Liability in respect of dredging 47. Limitation of liability for damage
to vessels 48. Limitation of liability in respect of
one occasion 49. Saving PART VIII – CONSERVANCY 50. Dredging 51. Power to raise and remove
wrecks 52. Power to deal with idle vessels 53. Removal of obstructions other
than vessels 54. Removal of vehicles and
obstructions
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SECTION 55. Pollution of port 56. Protection of acts of Authority 57. Power to investigate discharge of
pollutants 58. Power to detain vessels 59. Power to inspect International Oil
Pollution Prevention Certificates 60. Power to deny entry to vessels 61. Provision of reception facilities 62. Provision of fire and emergency
service
63. Fire on board 64. Power of entry during an
emergency PART IX – MISCELLANEOUS 65. Regulations 66. Damage to Authority’s property 67. Power of arrest 68. Jurisdiction 69. – 72. — SCHEDULE
PORTS ACT
EDITORIAL NOTE: The words “Comptroller of Customs” have been deleted and re- placed by the words “Director-General”, following the passing of Act 33 of 2004.
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Ports Act.
2. Interpretation
(1) In this Act—
“Authority” means the Mauritius Ports Authority established under sec- tion 3;
“Board” means the Board referred to in section 6;
“Chairperson” means the Chairperson of the Board;
“Director-General” means the person appointed as such under section 8;
“Director of Shipping” means the Director of Shipping appointed under the Merchant Shipping Act;
“employee” means an employee of the Authority;
“goods” means all articles and merchandise of every description and includes fish, livestock and animals;
“idle ship” means a ship which has been lying in port premises without cargo being loaded or unloaded or repairs being conducted, or has been abandoned, or for the sailing or operation of which there are no plans nor prospects, or which has no crew assigned to it for its manning, or has
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been declared to be unfit for sailing unless major repairs are conducted on it by an inspector pursuant to the Merchant Shipping Act, Part V or any other applicable enactment;
“land” includes land covered by water;
“landlord port” means a port authority which acts as developer of port facilities, regulator and controller of port activities of private and public port operators and of land use, and provider of marine services;
“licence” means a licence issued under this Act or any subsidiary en- actment made under it;
“licensed operator” means a person or body of persons licensed under section 24;
“licensed pilot”, in relation to any area, means a person licensed under section 35 for that area and, in relation to any vessel, a person so li- censed in respect of vessels of that description;
“master”, in relation to a vessel, means a person, other than a pilot, having the command, charge or management of the vessel;
“Mauritius Revenue Authority” means the Mauritius Revenue Authority established under the Mauritius Revenue Authority Act;
“member” means a member of the Board and includes the Chairperson;
“Minister” means the Minister to whom responsibility for ports is assigned;
“officer” means an employee of the Authority specially designated by the Authority to act as such;
“owner”, in relation to goods, includes a consignor, consignee, shipper or agent for the sale, receipt, custody, loading or unloading and clearance of those goods and includes any other person in charge of the goods or his agent and, in relation to a vessel, includes a part-owner, broker, char- terer, agent or mortgagee in possession of the vessel or other person enti- tled for the time being to possession of the vessel;
“pilot”, in relation to a vessel, means a person not belonging to the vessel, who has the conduct thereof;
“port” means a port specified in the Schedule;
“Port Master”, in relation to a port, means the officer appointed as such under section 13;
“port master plan” means a plan prepared under section 5;
“port premises” means any land, landing place, building, shed, quay, wharf, water or place vested in the Authority or under its control;
“registered tonnage” means— (a) the registered net tonnage denoted in a vessel’s certificate of
registration or other appropriate document acceptable to the Authority; or
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(b) where the document shows dual tonnage, the higher registered net tonnage;
“transhipment goods” means goods which are— (a) landed from a vessel and placed in the custody of the Authority
for the purposes of shipment on another vessel on a through bill of lading dated at the port of loading of the goods and showing that the final destination is via Mauritius; and
(b) declared on a transhipment manifest lodged with the Authority before or at the time the goods are placed in its custody;
“vehicle” includes a vehicle propelled on rails, machinery on wheels or caterpillar tracks, a trailer, caravan or mobile home and includes a hover- craft or other amphibious vehicle;
“vessel” means any vessel, however propelled or moved, and includes a dredger, a hovercraft, a hydrofoil vessel, anything constructed or adapted to carry persons or goods by water and a flying boat or seaplane on or in the water;
“wharf” means any wharf, quay, pier, jetty or other place at which sea-going vessels can ship or unship goods or embark or disembark passengers.
(2) In this Act, references to a vessel navigating or being navigated include references to its moving or being moved within a port for the purpose of changing from a mooring to another or of being taken into or out of a dock.
PART II – CONSTITUTION AND FUNCTIONS OF AUTHORITY
3. Establishment of Authority
(1) The Mauritius Marine Authority established under the Ports Act 1975 shall be deemed to have been established under this Act under the name of the Mauritius Ports Authority.
(2) The Authority, which shall be a body corporate, shall be the sole na- tional port authority to regulate and control the port sector and provide ma- rine services.
4. Functions and duties of Authority
(1) Subject to this Act, the Authority shall, as a landlord port—
(a) provide and improve port infrastructure, superstructure, heavy equipment and related facilities;
(b) provide marine services and navigating aids, and assist in sea rescue;
(c) regulate and control— (i) shipping, navigation, dredging and other related matters in
ports;
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(ii) the entry of vessels in ports, their stay, movements or op- erations in, and departure from ports, the loading, unload- ing and storage of cargo and containers and the landing and embarkation of passengers; and
(iii) pollution and protection of the environment within ports, and the enhancement of safety and security;
(d) provide for the welfare of employees, and of persons working or living on a vessel in a port;
(e) enter into concession contracts for the provision of port and cargo handling services by qualified and licensed operators under such general terms and conditions as the Authority may determine;
(f) promote the use, improvement and development of ports;
(g) exercise licensing, regulating and controlling functions in respect of port and marine services not provided by the Authority;
(h) implement Government port policies and keep them under re- view, and advise Government on all matters concerning the port sector, its facilities, services and related issues; and
(i) regulate and control the development within ports in accordance with approved port master plans, and be the responsible authority for land use control in the port area with the power to lease land under such terms and conditions as the Authority may determine.
(2) Nothing in subsection (1) shall be construed as limiting the power of the Authority to do any thing reasonably necessary for or incidental to the discharge of its functions of effective and economical management, planning and control of the ports of Mauritius.
(3) The Authority may, as it thinks fit, engage in operations for the sal- vage of ships and cargo whether inside or outside ports.
5. Port masterplan
(1) The Authority shall prepare and periodically update a port master plan for each port, which shall formulate its policy for port development and land use.
(2) The Authority shall be responsible for the proper implementation of every port master plan.
6. The Board
(1) (a) The administration of the affairs of the Authority shall vest in a Board.
(b) The Board shall perform, exercise and discharge the functions, powers and duties of the Authority.
(2) The Board shall consist of—
(a) a Chairperson to be appointed by the Minister;
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(b) a representative of the Minister;
(c) the Director-General;
(d) 3 members appointed by the Minister from representatives of commercial, shipowning or other users’ interests; and
(e) not more than 3 such other members as the Minister may determine.
(3) Every appointed member shall—
(a) be a person who, in the Minister’s opinion, has had experience and shown capacity in the field of port management, industry, commerce, finance or administration or has some special knowl- edge or experience that renders him a fit and proper person to be a member; and
(b) hold office for a period not exceeding 2 years and shall be eligi- ble for reappointment.
(4) (a) A member of the Assembly shall not be qualified to be an ap- pointed member.
(b) Every appointed member shall vacate his office if he becomes a member of the Assembly.
(5) Where it appears to the Minister that a member is incapacitated by absence from Mauritius or illness or any other sufficient cause from perform- ing the duties of his office, the Minister may appoint another person to hold office in his place until such time as the Minister is satisfied that the incapac- ity of that person has terminated or until the term of such member expires, whichever first occurs.
(6) Every member shall be paid by the Authority such remuneration or al- lowance as the Board may determine.
(7) Any appointed member may resign his office by notice in writing ad- dressed to the Minister.
7. Meetings of Board
(1) The Board shall meet for the despatch of business in the main office of the Authority unless circumstances, in the judgment of the Chairperson, call for a meeting elsewhere.
(2) In the absence of the Chairperson from a meeting, a member ap- pointed by a vote of the members present shall chair the meeting.
(3) The Board shall meet—
(a) not less than once every 3 months; and
(b) at such other time as may be requested by not less than 3 members.
(4) Five members of the Board shall constitute a quorum.
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(5) Questions arising at any meeting of the Board shall be decided by a majority vote of the members present and voting thereon and, in case of an equality of votes, the Chairperson of the meeting shall have a casting vote.
(6) If any member identifies a matter to be considered at a meeting of the Board in which he has directly or indirectly any financial or other interest, he shall, as soon as practicable after he has knowledge of such matter and of such interest, disclose in writing the fact to the Board and he shall not take part or further part in the consideration of the matter, or vote on any question with respect to that matter and he shall, subject to subsection (7), withdraw from the meeting during such consideration.
(7) The withdrawal of a member under subsection (1) shall not disqualify the member for the purpose of constituting a quorum.
8. Director-General
(1) There shall be a chief executive officer of the Authority who shall—
(a) be known as the Director-General; and
(b) be appointed by the Board subject to the Minister’s approval.
(2) The Director-General shall—
(a) be responsible for the execution of the policy of the Board and implementation of its regulatory and control functions, and for the control and management of the day-to-day business of the Authority;
(b) have power to exercise supervision and control over the acts and proceedings of all employees of the Authority in matters of ex- ecutive administration; and
(c) concerning the accounts and records of the Authority and, sub- ject to any instructions and rules given or made by the Board, have the power to dispose of all questions relating to the service of said employees.
(3) In the exercise of his functions, the Director-General shall act in ac- cordance with such directions as he may receive from the Board.
(4) (a) Subject to paragraph (b), the Director-General may, in case of emergency, direct—
(i) the execution of any work or the doing of any act which the Au- thority is empowered to execute or do and which he is not by this Act or any standing order or rule or regulation made under it expressly empowered to do and the immediate execution or do- ing of which is, in his opinion, necessary for the operation of the port services or the safety of the public; and
(ii) that the expenses of executing the work or doing the act re- ferred to in subparagraph (i) shall be paid from the funds of the Authority.
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(b) The Director-General shall—
(i) not act under this subsection in contravention of any resolution of the Board passed at a meeting; and
(ii) where he acts under this subsection, report his action to the next following meeting of the Board.
(5) (a) The Director-General may delegate his functions or any power delegated to him under section 9 to an officer.
(b) Where the Director-General delegates any function or power un- der paragraph (a), he shall report any such delegation as soon as possible to the Board for confirmation.
9. Delegation of powers
(1) Subject to such instructions and rules of a general and specific nature as it may give or make, the Board may delegate to the Director-General such of its powers under this Act, other than the power to—
(a) borrow money;
(b) make investments; or
(c) enter into such transaction in respect of capital expenditure as may be necessary to assist in the effective management of the business of the Authority.
(2) (a) Where the amount involved does not exceed one million rupees, the restrictions under subsection (1) shall not apply.
(b) The Director-General shall report any such borrowing, invest- ments or transaction as soon as possible to the Board.
10. Port users’ council
(1) The Authority may appoint one or more port users’ councils consist- ing of representatives of persons interested in the operation and use of a port.
(2) In appointing the persons under subsection (1), the Authority shall have regard to any representations made by users of the port and by persons providing port or marine services or facilities.
(3) The Authority may consult a port users’ council on any matter con- cerning the port, including, without prejudice to the foregoing generality—
(a) the provision of port and marine services and facilities;
(b) the rates, charges, dues and fees levied by the Authority; and
(c) the expansion or development of the port.
(4) The Authority may consider any matter concerning a port which may from time to time be referred to it by the port users’ council.
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11. Powers of Minister
(1) The Minister may, in relation to the exercise of the functions of the Authority, after consultation with the Authority, give such general directions to the Authority, not inconsistent with this Act, as he considers necessary in the public interest and the Authority shall comply with those directions.
(2) The Authority shall furnish to the Minister such information with re- spect to the activities of the Authority, in such manner and at such times, as the Minister may require.
(3) The Authority shall furnish to the Minister such returns or copies of such documents, including the minutes of proceedings and the accounts of the Authority, in such manner and at such times as the Minister shall require.
(4) (a) The Minister may approve any regulations made by the Authority either without modification or with such modification as he thinks fit for rea- sons which he shall communicate to the Authority.
(b) Where the Minister proposes to approve such regulations with modifications, he shall afford the Authority the opportunity of making repre- sentations with respect to the proposed modifications and shall consider any such representations.
12. Annual reports
The Authority shall submit to the Minister an annual report of its activities together with its audited accounts within 6 months of the end of its financial year.
13. Appointment of staff
The Board—
(a) may appoint one or more Deputy Directors-General; (b) shall appoint a Port Master and one or more Assistant Port Mas-
ters for one or more ports for the purposes of this Act; and
(c) may employ, on such terms and conditions as it thinks fit, such other employees as may be necessary for the proper discharge of its functions.
14. Conditions of service of staff
The Board may make provision, in such form as it may determine, to gov- ern the conditions of service of employees and, in particular, to deal with—
(a) the appointment, dismissal, discipline, pay, leave of, and the se- curity to be given by, employees;
(b) appeals by employees against dismissal or other disciplinary measures; and
(c) the establishment and maintenance of provident, pension fund and welfare schemes and the contributions payable to and the benefits recoverable from those schemes.
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15. Protection from liability
(1) No liability, civil or criminal, shall attach to any member or employee in respect of loss arising from the exercise in good faith by him of his func- tions under this Act.
(2) Every employee shall, for the purposes of the Public Officers’ Protec- tion Act, be deemed to be a public officer.
PART III – FINANCIAL PROVISIONS
16. Principles of financial management
(1) The Authority shall conduct its business on sound commercial princi- ples with the objective of achieving sufficient return on investment to enable it to provide a sustained efficient service at minimum costs.
(2) The Authority shall ensure that its revenues are sufficient to produce on the fair value of its assets a reasonable rate of return measured by taking its net operating income as a percentage of the fair value of its net fixed as- sets in operation.
(3) The net surplus of the Authority shall be applied for the creation of a general reserve, specific reserves or the payment of dividends as the Author- ity may think fit and as the financial situation of the Authority will permit.
(4) The Authority— (a) shall in every year cause to be prepared, and shall adopt, annual
estimates of its income and expenditure for the ensuing year; and (b) may adopt supplementary estimates at any time.
[S. 16 amended by s. 14 of Act 28 of 2004 w.e.f. 26 August 2004.]
17. Capital and borrowing
(1) The Government may provide to the Authority from time to time equity capital to meet expenditures of a capital nature for the discharge of its functions under this Act.
(2) In order to enable the Authority to meet expenditures of a capital na- ture for the discharge of its functions under this Act, the Authority may bor- row such sums as it may require on such terms and conditions as may be agreed between it and any lender.
(3) Government may guarantee the performance of any obligation under- taken by the Authority under this section on such terms and conditions as Government and the Authority may from time to time agree upon.
(4) Government may, from time to time, prescribe the maximum sums which the Authority may borrow.
18. Investments
The Authority may, for the purposes of its business— (a) acquire or dispose of any undertaking or part of an undertaking;
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(b) subscribe for, acquire or dispose of shares or securities of any body corporate;
(c) invest any sums not immediately required for the purposes of its business in any investment or loans;
(d) realise any investments, securities or loans under its control in order to finance its operation or for the purpose of reinvestment;
(e) make loans to other bodies subject to the approval of the Minister;
(f) acquire any land or building wherever situated, or any interest therein; and
(g) form or subscribe to the share capital of a company, or enter into a management contract with any company or other person, for the purpose of managing its investments.
19. —
20. Rates, charges, dues and fees
(1) Subject to this Act, the Authority may levy such rates, charges, dues and fees as the Authority may, with the approval of the Minister, from time to time prescribe for the use of services and facilities provided by the Au- thority, and for the issue or renewal of any licence by the Authority.
(2) The Authority may levy such charges as it thinks fit for services or facilities provided or goods supplied by it in pursuance of the power con- ferred by this Act or any other enactment in respect of which no rates, charges, dues or fees have been prescribed under subsection (1).
(3) (a) The Authority may, if it thinks fit, remit or waive the whole or any part of any rates, charges, dues and fees paid or payable under this Act, or grant special conditions and special tariffs to benefit any type of traffic, operation or activity.
(b) The owner or master of every vessel, other than— (i) a Mauritius Government vessel not engaged in trade;
(ii) a foreign military vessel; (iii) a locally owned vessel not exceeding 10 tons and not engaged
in trade; (iv) a vessel plying solely within a port for purposes of trade or busi-
ness;
(v) a vessel calling for the sole purpose of landing survivors, which enters or is moored or anchored in a port,
shall pay to the Authority the prescribed fees.
(c) A receipt for every fee payable by virtue of this section shall be given to the payer, and any vessel in respect of which the receipt is not produced on demand by an officer may be detained until the receipt is produced.
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(4) A rate, charge, due or fee payable by virtue of this section may, without prejudice to section 22, be recovered by the Authority in any Court of competent jurisdiction.
(5) The rates, charges, dues and fees applied by the Authority immedi- ately before 1 August 1998 shall continue to be valid as though determined by the Authority under this section until rescinded, varied or otherwise de- termined by the Authority.
21. Power of entry into vessels
(1) Any officer, duly authorised by the Port Master, may enter into any vessel within the limits of a port in order to inspect the vessel’s holds, cargo, equipment and any relevant documents and also to ascertain any rates, charges, dues or fees payable in respect of any goods carried therein.
(2) A master of a vessel who fails to comply with a reasonable request made by an authorised officer who has entered a vessel pursuant to subsec- tion (1) for information or for the production of a document shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 ru- pees and to imprisonment for a term not exceeding 2 years.
22. Power to distrain
(1) If the owner or master of any vessel in respect of which any rates, charges, dues or fees or other sums are payable under this Act or any sub- sidiary enactment made under it refuses or neglects to pay the same or any part thereof on demand, the Authority may, notwithstanding any other en- actment but without prejudice to any other remedy which it may be entitled to use, distrain or arrest of its own authority the vessel and the bunkers, tackle, apparel or furniture belonging thereto or any part thereof, and detain the same until the amount so due is paid.
(2) If any part of such rates, charges, dues, or fees or other sums, or the costs of the distraint or arrest, or of the keeping of the vessel, bunkers, tackle, apparel or furniture belonging thereto remains unpaid for 30 days, the Authority may, notwithstanding any other enactment, cause the vessel and the bunkers, tackle, apparel or furniture so distrained or arrested to be sold and disposed of in such manner as shall be prescribed and may recover as a debt, in any Court of competent jurisdiction, from the owner or master of the vessel, the expenses of such distraint, arrest, sale or disposal or attempted sale or disposal of the vessel and the bunkers, tackle, apparel or furniture so distrained or arrested.
(3) The proceeds of sale of the vessel and bunkers, tackle, apparel or furniture so distrained or arrested may be used by the Authority to satisfy those rates, charges, dues, fees or other sums and costs, including costs of sale remaining unpaid, rendering the surplus, if any, to the owner or master of the vessel on demand and, in case no such demand is made within one year from the date of the disposal of the vessel and bunkers, tackle, apparel or furniture, by paying the surplus to the account of the Authority, where- upon all rights to the same by such person shall be extinguished.
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(4) If the Authority gives to the Director of Shipping a notice stating that an amount specified in the notice is due in respect of rates, charges, dues, fees or other sums payable under this Act or any subsidiary enactment made under it against the vessel or the owner or master of the vessel, the Director of Shipping shall not grant port clearance under the Merchant Shipping Act until the amount so chargeable has been paid or security has been given to the satisfaction of the Authority for such amount.
PART IV – GENERAL POWERS AND DUTIES
23. General powers
(1) The Authority shall have power to take such action as it considers necessary or desirable for the performance of any of its functions under this Act.
(2) Particular powers conferred on the Authority by this Act shall not be construed as derogating from the generality of subsection (1).
24. Licensing
(1) No person shall provide any port service or facility unless he is authorised to do so by a licence granted by the Authority.
(2) Any application for the grant of a licence under this section shall be made in writing and shall contain, or be accompanied by, such information and documents as may be specified by the Authority for the purposes of de- termining the application and the suitability of the applicant for the licence.
(3) The Authority shall not, by the issue of a licence to a port operator under this section, incur any liability for any loss or damage occasioned by any act, omission or default of such operator.
25. Limits of ports
(1) Without prejudice to any functions which may be exercisable outside the limits of a port, the Authority shall have the jurisdiction and powers of a Port Master exercisable within the limits of the ports specified in the Schedule.
(2) The Minister may, by regulations, amend the Schedule.
26. Land and buildings
(1) (a) The Authority shall, for all purposes, have the overall superinten- dence and administration of all land in a port and the responsibility for its proper allocation, in accordance with the port master plan and land use poli- cies and legislation.
(b) The Authority may make appropriate regulations to regulate and control the land allocation, use, development, operation and related matters.
(2) All land within a port which, on 1 August 1998, was State land, shall vest in, and be deemed to be the property of, the Authority.
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(3) All State interests existing on 1 August 1998 in land and building within a port, including but not limited to leases, are transferred to the Author- ity as from that date.
(4) Land reclaimed by the Authority in a port shall automatically vest in the Authority.
(5) The Authority may grant leases of any land in a port under such terms and conditions as may be approved by the Board.
(6) (a) Subject to paragraphs (b) and (c), the Authority may sell, lease, exchange or otherwise dispose of any of the land or buildings acquired by it which is no longer required for the purposes of its business.
(b) No State land acquired by the Authority under this section or any land on the foreshore or adjacent to the foreshore shall be sold without the approval of the Minister.
(c) In the management of its land, the Authority shall give prefer- ence to long term leases and leasehold over the sale of land.
(7) For the purpose of its functions and in the public interest, the Authority may acquire land compulsorily in conformity with the Land Acquisition Act.
27. Power to construct works
The Authority may lay down, maintain and operate in a port such works and equipment as are required for or in connection with any of its functions.
28. Control of development
(1) All development in a port shall be in accordance with such rules, regulations and procedures as the Authority may make or lay down.
(2) No person other than the Authority shall carry out any development within a port unless he has been duly authorised by the Authority.
(3) The Authority may, upon such terms and conditions as it thinks fit, grant to any person appropriate authorisation to carry out development within a port.
(4) In this section, “development” includes construction, placing, altera- tion, renewal or extension of any building, structure or works in, on, over or under any land or waters.
29. Power to allocate facilities for exclusive use
The Authority may allocate and set apart any part of a port for the exclu- sive use of any particular vessel or class of vessel or traffic.
30. Protection of environment
(1) In discharging any of its functions, the Authority shall, so far as is consistent with the proper and efficient discharge of those functions—
(a) have regard to the protection of the environment; and
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(b) endeavour to achieve a reasonable balance between that consid- eration and any other considerations to which it is required to have regard.
(2) The Authority shall have power to take such action as it considers necessary or desirable for the performance of any functions relating to the protection of the environment which may be conferred or imposed upon it by or under any enactment.
PART V – NAVIGATION AND OTHER BUSINESS IN PORTS
31. Powers of officers
(1) Any officer of the Authority, duly authorised by the Port Master, may—
(a) board any vessel;
(b) examine, measure or weigh any cargo in the vessel or landed from or about to be embarked on the vessel;
(c) require any person to give him such information as he may require;
(d) remove to a place of storage any article which is obstructing or interfering with the use of port premises;
(e) refuse entry to, or departure from, port premises to any person, cargo or vehicle;
(f) on reasonable suspicion that any article, the subject matter of any offence against this Act or any subsidiary enactment made under this Act, is being carried by any person or in any vehicle, stop and, subject to subsection (2), search that person or vehi- cle; and
(g) seize any article which is the subject matter of an offence against this Act or any subsidiary enactment made under it.
(2) A female shall not be searched under subsection (1) except by a fe- male officer.
(3) For the purposes of exercising the powers under this section, the Port Master or any officer duly authorised by him may request the assistance of the Police.
[S. 31 amended by s. 3 of Act 21 of 2003 w.e.f. 9 August 2003.]
32. Directions of Port Master
(1) The Port Master may give such general or specific directions as he thinks fit, either orally or otherwise, to any person to—
(a) promote or secure conditions conducive to the ease, conven- ience or safety of navigation in a port;
(b) regulate the movement or mooring of a vessel in a port;
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(c) control the manner in which cargo, fuel, water or ship’s stores are taken on, discharged or handled;
(d) ensure the welfare of persons working or living on a vessel in a port;
(e) regulate the removal or disposal of any residues and mixtures containing oil or noxious liquid substances, sewage and garbage from vessels in a port and require any such matter to be depos- ited in reception facilities in the port; and
(f) carry into effect this Act or any subsidiary enactment made un- der it.
(2) A direction under subsection (1) may be given in a manner considered by the Port Master to be reasonable and appropriate.
(3) The Port Master shall take reasonable steps to bring the contents of any general direction issued under subsection (1) to the notice of any person likely to be affected by it.
(4) Any person who without reasonable excuse fails to comply with a di- rection under subsection (1) shall commit an offence and shall, on convic- tion, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years.
(5) (a) Where the Port Master is of the opinion that a vessel within or outside any port is unattended or is otherwise in such a condition that its continued presence may constitute a threat to the safety of the port or to the free movements of any vessel, he shall give notice to the owners, agents or representatives of the vessel.
(b) A notice issued under paragraph (a) shall specify the time within which the vessel must be removed or otherwise dealt with in order that it may cease to constitute a threat as specified in paragraph (a), failing which the vessel shall be removed or otherwise dealt with in such manner as the Port Master may think fit.
(c) Where a person fails to comply with a notice issued under para- graph (a)—
(i) the Port Master may remove the vessel or deal with it in such manner as he thinks fit in the circumstances; and
(ii) the person shall refund to the Authority all expenses incurred by the Port Master or the Authority under subparagraph (i).
(d) Where the notice specified in paragraph (a) is served—
(i) on a company or a société‚ all the persons concerned in the management of the company or the société shall be liable jointly and severally for the refund under paragraph (c) (ii);
(ii) on more than one person, all of them shall be liable jointly and severally for the refund under paragraph (c) (ii).
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(e) No action, civil or criminal, shall lie against the Port Master or the Authority for any action taken by the Port Master in good faith under para- graph (c) (i).
(f) This subsection shall be in addition to, and not in derogation from, sections 51 and 52.
(6) Where there are doubts about the condition or safe operation of a vessel, the Authority, on report by the Port Master, may require the owner or master to provide a bank deposit, bond or other valid security covering the amount of any cost that the Authority may consider likely to be incurred by it in relation to the vessel due to its condition or operation.
33. Clearance of vessels
(1) If a vessel does not satisfy, or the owner or master of a vessel has contravened, this Act or any subsidiary enactment made under it, the Port Master may refuse to grant an inwards or outwards clearance to the vessel or to pass an entry for any cargo imported by the vessel until such contra- vention has been corrected to the Port Master’s satisfaction.
(2) Where the Port Master believes that any vessel is unfit to proceed to sea, he shall delay his clearance and report the facts to the Director of Ship- ping for necessary action under the Merchant Shipping Act.
34. Pilotage services
(1) The Authority shall keep under consideration—
(a) whether any and, if so, what pilotage services need to be pro- vided to secure the safety of vessels navigating in ports; and
(b) whether, in the interests of safety, pilotage should be compul- sory for vessels navigating in any part of a port and, if so, for which vessels and in which circumstances and what pilotage services need to be provided for those vessels.
(2) Without prejudice to the generality of subsection (1), the Authority shall, in performing its functions under that subsection, have regard in par- ticular to the hazards involved in the carriage of dangerous goods or harmful substances by vessel.
(3) The Authority shall provide, or ensure that there are provided, such tug and pilotage services as may be necessary for the safe movement of vessels in compliance with such regulations as may be made by the Authority.
35. Licensing of pilots
(1) The Authority may license such persons to act as pilots in or in any part of a port as it considers are suitably qualified to do so and the licence shall specify the area within which it has effect and may specify that it only has effect in relation to vessels of a particular description.
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(2) The Authority may determine the qualifications in respect of age, physical fitness, time of service, local knowledge, skill, character and other- wise to be required from persons applying for a licence and provide for the examination of such persons.
(3) The Authority may suspend or revoke a licence granted by it under this section if it appears to it that— (a) the licensed person has been guilty of any incompetence or mis-
conduct affecting his capability as a pilot; or
(b) the licensed person has ceased to have the qualifications required from persons applying for a licence under this section or has failed to provide evidence that he continues to have those qualifications.
(4) Before suspending or revoking a licence under subsection (3), the Au- thority shall give written notice of its intention to do so to the licensed per- son, stating the reason for which it proposes to act, and shall give him a rea- sonable opportunity of making representations.
(5) If any person who is not a licensed pilot for an area describes himself whilst he is in that area as being licensed for that area or holds himself out so as to indicate or be reasonably understood to indicate that he is so li- censed, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not ex- ceeding one year.
PART VI – HANDLING, STORAGE AND DISTRIBUTION OF GOODS IN PORTS
36. Provision of cargo handling and port services
(1) The Authority shall, in addition to the powers conferred and the func- tions and duties imposed upon it by any enactment, exercise regulatory and controlling functions in respect of the provision of cargo handling services and other related activities in the ports including loading, unloading, shifting, storage, receipt and delivery, transportation and distribution.
(2) The Authority may enter into concession contracts with qualified and licensed operators for the provision of port and cargo handling services under such terms and conditions as the Authority may determine, including work- ing hours, the determination of their performance standards, quality of ser- vices provided by them and the enforcement thereof.
37. Suspension and revocation of contract or licence
(1) The Authority may suspend or revoke a concession contract or li- cence upon breach of any condition of the contract or licence or upon any failure to comply with this Act or any regulations made under it.
(2) Before suspending, revoking or cancelling a licence or a contract, the Authority shall give written notice of its intention to do so to the licensee or contractor, stating the reason for which it proposes to act, and shall give him a reasonable opportunity of making representations.
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(3) A licensed operator may appeal to the Minister against the suspension or revocation of its licence or contract by the Authority under subsection (1).
(4) Where a contract or licence is suspended or revoked under subsec- tion (1), the Authority may, if it considers that such suspension or revocation would materially affect the movement of cargo in the port—
(a) take temporary possession of any facility or equipment and op- erate them; and
(b) engage any servant or employee of the operator.
(5) Subsection (4) shall be deemed to be an implied term of every con- tract or licence.
38. Submission of information
Every licensed operator shall submit such information as the Authority may require.
39. Power to remove goods
(1) Where any goods are left in any part of a port otherwise than in ac- cordance with arrangements approved by the Authority, the Authority may require the owner to remove them and, if the goods are not so removed within 24 hours after the requirement has been made, the Authority may cause the goods to be removed to any public warehouse or store.
(2) Any such removal shall be carried out at the expense and risk of the owner of the goods.
(3) Notwithstanding any such removal on behalf of the Authority, the goods shall be liable to a general lien for the cost of removal, and for any charges payable to the Authority by the owner.
(4) The power of the Authority to prevent the recovery of the goods until the cost of removal and the charges have been paid shall extend and apply to any goods removed or placed in store under this section.
40. Power to dispose of goods
(1) Subject to subsection (2) and the Customs Act, where any goods which have been placed in or on port premises, other than goods accepted for storage by the Authority, are not removed from the premises within 21 days or, in the case of goods for which a bill of lading has been issued from the time when the goods were placed in or on the premises, within 42 days, the Authority may, at the expiry of the period of 21 days or 42 days, as the case may be, dispose of the goods in such manner as it thinks fit.
(2) Where goods to which subsection (1) applies are of a perishable na- ture, the Authority may direct their removal within such shorter period, not being less than 24 hours after the landing of the goods, as the Authority thinks fit, and where the goods are not removed, the Authority may dispose of the goods in such manner as it thinks fit.
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(3) The proceeds of the sale, if any, of the goods seized and disposed of under this section shall be applied by the Authority in payment of—
(a) the expenses of the sale;
(b) any duty payable to Government;
(c) the fees and expenses due to the Authority in respect of the goods; and
(d) freights and other claims or liens of which notice under any en- actment has been given in writing prior to the date of the sale.
(4) Any surplus remaining after the payment required by subsection (3) shall be paid—
(a) on demand, to the person entitled to it; and
(b) where no demand is made within one year from the date of the sale of the goods, to the account of the Authority.
(5) Where a payment is made into the account of the Authority under sub- section (4), any rights of any person to that payment shall be extinguished.
(6) For the purposes of this section, except subsections (3) (c), (4) (b) and (5), any reference to the word “Authority” shall be deemed to be a ref- erence to such licensed operator of the Authority as may be prescribed.
[S. 40 amended by s. 4 of Act 21 of 2003 w.e.f. 9 August 2003.]
41. Bonded warehouses
(1) Where a warehouse of the Authority is approved and appointed as a bonded warehouse, the Authority shall give general security to the satisfac- tion of the Director-General of the Mauritius Revenue Authority for payment of the duty in respect of goods stored in the bonded warehouse or for the due exportation of the goods.
(2) Where security has been given by the Authority under subsection (1), no further security shall be required by the Government from any other per- son to the same effect.
PART VII – LIABILITY OF AUTHORITY AND LICENSED OPERATORS
42. Liability for transhipment goods
(1) The Authority or its licensed operator, shall from the time of ac- knowledgement of the receipt of transhipment goods and until delivery of the goods alongside the on-carrying vessel for loading, be liable for any loss or destruction of, or damage to, the goods or their packaging or container.
(2) The liability of the Authority or its licensed operator under subsec- tion (1) shall not exceed 50,000 rupees per 20 foot equivalent unit container or equivalent unless the nature and value of the goods have, before delivery to the Authority or its licensed operator, been declared in writing by the per- son delivering the goods.
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(3) The Authority or its licensed operator shall not incur any liability un- der subsection (1) where the nature or value of the goods has been mis- stated.
43. Liability for goods other than transhipment goods
(1) Notwithstanding any other enactment, the Authority or its licensed operator shall not incur liability in damages or in any other respect for any loss caused to any person by reason of short delivery, mis-delivery or non- delivery of any goods, other than transhipment goods placed in the custody or control of the Authority or its licensed operator, unless such damage or such loss is due to the negligence or fault of the Authority or its licensed operator.
(2) Where the negligence or fault of the Authority or its licensed operator is proved under subsection (1), the liability shall not exceed 50,000 rupees per 20 foot equivalent unit container or equivalent unless the nature and value of the goods have, before delivery to the Authority or its licensed op- erator, been declared in writing by the person delivering the goods.
(3) The Authority or its licensed operator shall not incur any liability under subsection (2) where the nature or value of the goods has been misstated.
44. Exemption from liability
The Authority or its licensed operator shall not be liable for the loss or de- struction of, or damage to, any goods arising from—
(a) fire or flood, unless caused by the actual fault or privity of the Authority or its licensed operator;
(b) any act, omission or default of the owner or carrier of such goods;
(c) insufficient or improper packing, defective or insufficient marks or leakage from defective drums, containers or packages;
(d) any inherent liability to wastage in bulk or weight, latent or in- herent defect or natural deterioration;
(e) any deficiency in the contents of unbroken packages;
(f) the dangerous nature of such goods;
(g) an act of God;
(h) a cyclone;
(i) seizure under legal process;
(j) quarantine restrictions;
(k) riots or civil commotions;
(l) saving or attempting to save life or property;
(m) strike, lockouts, or stoppages or restraints of labour for what- ever cause, whether partial or general; or
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(n) power failure or mechanical failure of any equipment or appara- tus unless caused by actual fault or privity of the Authority or its licensed operator.
45. Liability for vessel under pilotage
(1) The owner or master of a vessel navigating under circumstances in which pilotage is compulsory shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the same manner as he would if pilotage were not compulsory.
(2) A pilot who is an employee shall, while engaged in pilotage, be deemed to be the servant only of the owner or master of the vessel under pilotage and the Authority or its licensed operator shall not incur any liability for any loss or damage occasioned by any act or default of the pilot.
46. Liability in respect of dredging
(1) The Authority may specify the limits within which and the levels to which dredging may be carried out by the Authority or its licensed operator in a port.
(2) The Authority or its licensed operator shall not incur any liability for any loss or damage to any sea or river wall, wharf, quay, dock or other property arising out of any dredging carried out by the Authority or its li- censed operator in a port within the limits and levels of which public notice has been given under subsection (1) unless such loss or damage is due to the negligence or fault of the Authority.
47. Limitation of liability for damage to vessels
(1) Subject to subsection (2) and sections 42 and 43, the Authority or its licensed operator shall not, where any loss or damage is caused to any ves- sel or to any vehicle, goods, merchandise or other things whatsoever on board any vessel, be liable to damages beyond an aggregate amount not ex- ceeding 200 rupees for each ton of the vessel’s registered tonnage.
(2) The Authority or its licensed operator shall not be entitled to limit its liability under this section if it is proved that the loss or damage resulted from its personal act or omission, committed with intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result.
(3) Nothing in this section imposes any liability for any loss or damage where no liability exists apart from this section.
48. Limitation of liability in respect of one occasion
Notwithstanding any other enactment, the limitations of liability under this Part shall relate to the whole of any loss or damage which may arise on any one occasion, although the loss or damage may be sustained by more than one person.
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49. Saving
Nothing in this Part shall— (a) preclude the Authority or its licensed operator from accepting
goods for storage as well as liability for any loss, destruction or damage to the goods;
(b) affect the liability of the Authority or its licensed operator under the Workmen’s Compensation Act.
PART VIII – CONSERVANCY
50. Dredging
The Authority may from time to time deepen, dredge, scour, cleanse, alter and improve the foreshore and bed of the sea and blast any rock within the limits of a port and may use, appropriate or dispose of the material from time to time dredged by it.
51. Power to raise and remove wrecks
(1) The Authority may raise, remove, destroy or otherwise dispose of any vessel which is sunk, stranded or abandoned in the waters of a port.
(2) (a) Where the Authority has exercised any of its powers under sub- section (1), it may cause the vessel or its cargo or anything associated with the vessel to be sold in such manner as it thinks fit.
(b) Where a sale is effected under paragraph (a), the Authority may, out of the proceeds of the sale, retain the expenses incurred by it— (i) in marking, buoying, watching, lighting or otherwise controlling
the vessel or its cargo; (ii) in removing or saving the cargo or anything associated with the
vessel; or (iii) in giving warning to shipping of the presence of the vessel.
(c) The Authority shall pay any surplus remaining after retention of the expenses to any person entitled to it, if an application for the payment is made to the Authority by that person before the expiration of one year from the date of the sale.
(3) Where the proceeds of a sale are insufficient to reimburse the Author- ity for its expenses, or there is no sale, the Authority may recover from the person who, at the time of the sinking, stranding or abandonment of the vessel, is or was its registered owner, or from the administrators or execu- tors of the owner, or from any person claiming possession in title from the owner, any such expenses as are not reimbursed out of the proceeds of sale or, where there is no sale, the whole of the expenses.
52. Power to deal with idle vessels
(1) No vessel shall stay idle in port without the prior approval of the Port Master.
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(2) An idle vessel shall adhere strictly to any specific instructions of the Port Master and to regulations which may from time to time be made by the Authority.
(3) The Authority shall be empowered to remove, sell, destroy or other- wise dispose of a vessel which does not comply with subsection (1) or (2).
(4) The Authority shall not incur any liability, criminal or civil, in respect of action taken in good faith under subsection (3).
(5) The Authority may retain, out of the proceeds of the sale of a vessel, any expenses incurred by it in respect of the vessel or in marking, buoying, lighting or otherwise controlling the vessel or warning shipping of its pres- ence, and shall pay the surplus, if any, to the person entitled to it, if an ap- plication for the payment is made to the Authority by that person before the expiration of one year from the date of the sale.
(6) Where the proceeds of a sale are insufficient to reimburse the Author- ity for its expenses, or there is no sale, the Authority may recover the defi- ciency, or, where there is no sale, the whole of the expenses, from the owner.
(7) This section shall be in addition to, and not in derogation from, sec- tion 32.
53. Removal of obstructions other than vessels
(1) The Authority may remove anything, other than a vessel, in, or on land adjoining, the waters of a port which is—
(a) causing, or likely to cause, an obstruction to, or interference with, navigation;
(b) causing, or likely to cause, interference with the operation of any works of the Authority, or damage to any such works or to any property; or
(c) in the port without lawful authority, and may take such steps as appear to it appropriate to prevent or minimise the obstruction, interference or damage.
(2) The Authority may, in such manner as it thinks fit, dispose of any- thing removed under subsection (1).
(3) Where anything disposed of by the Authority under subsection (2) is sold, the Authority may retain out of the proceeds of the sale any expenses incurred by it under this section, and any surplus—
(a) shall be paid to any person who, within 3 months from the time when the thing came into the custody of the Authority, proves to the reasonable satisfaction of the Authority that he was the owner thereof at that time; or
(b) shall vest in the Authority, if, within that period, no person proves his ownership at the time referred to in paragraph (a).
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(4) Where the proceeds of the sale of anything removed under this sec- tion are insufficient to reimburse the Authority for its expenses, or there is no sale, the Authority may recover the deficiency, or, where there is no sale, the whole of the expenses, from the person who was the owner at the time when the thing removed came into the custody of the Authority or who was the owner at the time of its abandonment or loss.
(5) This section shall be in addition to, and not in derogation from, sec- tion 32.
54. Removal of vehicles and obstructions
(1) Where a vehicle, boat or any obstruction is left on land above the level of high water in a port without the permission of the Authority—
(a) in any place where it is likely to obstruct or interfere with the use of the port; or
(b) in any part of the port where the parking of vehicles or leaving of obstructions is prohibited by notice erected by the Authority,
the Authority may remove or cause to be removed the vehicle or obstruction.
(2) The expenses of, and the expenses incidental to, the removal of a vehicle or obstruction shall be recoverable by the Authority from any person responsible.
55. Pollution of port
(1) Any person who, without the consent of the Authority—
(a) causes or permits any polluting substance or waste to be dis- charged into a port; or
(b) causes or permits any polluting substance or waste to be depos- ited on port premises,
shall commit an offence and shall, on conviction, be liable to a fine not ex- ceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years.
(2) Without prejudice to subsection (1), if any polluting substance or waste is discharged from a vessel into a port without the consent of the Au- thority, the owner or master of the vessel shall commit an offence and shall, on conviction, be liable to a fine not exceeding 150,000 rupees and to im- prisonment for a term not exceeding 4 years.
(3) If any polluting substance or waste is discharged into a port or depos- ited on port premises without the consent of the Authority, the person who caused or permitted the discharge or deposit or the owner or master of a vessel from which the discharge occurred shall be liable to pay the cost of any measures taken by the Authority in removing or eliminating the polluting substance or waste and in remedying any damage caused by it.
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(4) The Authority may require the owner or master of a vessel from which any polluting substance or waste is discharged into a port without its consent to provide a bank deposit, bond or other valid security covering the amount of any cost likely to be incurred under subsection (3).
56. Protection of acts of Authority
Where any polluting substance is discharged in consequence of the exer- cise by the Authority of its powers under sections 51 to 54, the Authority or person employed by or acting on its behalf shall not be convicted of any of- fence under section 55, unless it is proved that they have failed to take rea- sonable preventive measures under the circumstances.
57. Power to investigate discharge of pollutants
(1) In the case of a vessel which is for the time being in any port, the Port Master and any other person appointed by the Authority under this sec- tion (either generally or in relation to a particular vessel) shall have power to go on board and inspect the vessel or any part thereof, or any of the ma- chinery, boats, equipment or articles on board the vessel, for the purpose of ascertaining the circumstances relating to an alleged discharge of a polluting substance or waste from the vessel into the port.
(2) A person exercising any powers conferred by subsection (1) shall not unnecessarily detain or delay the vessel in proceeding on any voyage.
(3) If any person wilfully obstructs a person acting in the exercise of any power conferred by this section, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprison- ment for a term not exceeding 2 years.
58. Power to detain vessels
(1) Where the Port Master has reason to believe that the owner or master of a vessel has committed an offence under section 55 by the discharge from a vessel of a polluting substance or waste into a port, the Port Master may detain the vessel.
(2) Where the Port Master detains a foreign vessel under this section, he shall immediately notify the Authority who shall then inform the consul or diplomatic representative of the State whose flag the vessel is entitled to fly or the appropriate maritime authorities of that State.
(3) The Port Master who exercises the power conferred by subsection (1) shall immediately release the vessel—
(a) if no proceedings for the offence in question are instituted within the period of 7 days beginning with the day on which the vessel is detained;
(b) if such proceedings, having been instituted within that period, are concluded without the owner or master being convicted;
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(c) if either— (i) the sum of 150,000 rupees is paid to the Authority by way
of security; or (ii) security which, in the opinion of the Authority, is for an
amount not less than 150,000 rupees is given to the Authority,
by or on behalf of the owner or master; or
(d) where the owner or master is convicted of the offence, if any, costs or expenses ordered to be paid by him, and any fine im- posed on him, have been paid.
(4) The Authority shall repay any sum paid in pursuance of subsec- tion (3) (c) or release any security so given—
(a) if no proceedings are instituted within the period of 7 days be- ginning with the day on which the sum is paid; or
(b) if such proceedings, having been instituted within that period, are concluded without the owner or master being convicted.
(5) Where a sum has been paid, or security has been given, by any per- son in pursuance of subsection (3) (c) and the owner or master is convicted of the offence in question, the sum so paid or the amount made available under the security shall be applied as follows—
(a) first, in payment of any costs or expenses ordered by the Court to be paid by the owner or master; and
(b) next, in payment of any fine imposed by the Court, and any balance shall be repaid to the first mentioned person who paid the sum or gave the security, as the case may be.
(6) This section shall not apply to any naval vessel or to any Government vessel.
59. Power to inspect International Oil Pollution Prevention Certificates
(1) (a) Where a vessel is in a port, the Authority shall have power to in- spect the vessel for the purpose of verifying that there is on board a valid International Oil Pollution Prevention Certificate in the form prescribed under the International Convention for the Prevention of Pollution from Ships.
(b) Where there are clear grounds for believing that the condition of the vessel or its equipment does not correspond substantially to the particu- lars of that certificate, or where the vessel does not carry a valid certificate, the Authority shall—
(i) take such steps as it may consider necessary to ensure that the vessel shall not sail until it can proceed to sea without present- ing an unreasonable threat of harm to the marine environment; and
(ii) report the matter to the Director of Shipping.
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(c) Notwithstanding paragraph (b), the Authority may permit the ves- sel to leave the port for the purposes of proceeding to the nearest appropri- ate repair yard.
(2) If any vessel fails to comply with any requirement duly made in pur- suance of subsection (1), the owner or master shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years.
(3) If any person wilfully obstructs a person acting in the exercise of any power conferred by virtue of this section, he shall commit an offence and shall, on conviction be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years.
60. Power to deny entry to vessels
(1) Where the Port Master has reason to believe that a vessel intending to enter a port does not comply with the requirements of any international convention relating to pollution or safety, to which Mauritius is a party, he shall immediately report the matter to the Authority.
(2) Where the Authority is satisfied that the vessel presents an unrea- sonable threat of harm to the marine environment or the safety of the port, it may deny the entry of the vessel and shall report the matter to the Director of Shipping.
(3) If the owner or master of any vehicle fails to comply with any direc- tion given in pursuance of subsection (1), the owner or master shall, not- withstanding section 32 (4), commit an offence and shall, on conviction, be liable to a fine not exceeding 150,000 rupees and to imprisonment for a term not exceeding 4 years.
[S. 60 amended by s. 5 of Act 21 of 2003 w.e.f. 9 August 2003.]
61. Provision of reception facilities
(1) The Authority shall have power to provide, or to ensure that there are provided, at a port, facilities—
(a) for the reception and treatment of dirty ballast and tank washing water from tankers, and reception facilities for other residues and oily mixtures from other vessels;
(b) which enable vessels to discharge or deposit residues and mix- tures containing noxious liquid substances; and
(c) into which vessels may discharge sewage and garbage.
(2) The Authority may make charges for the use of reception facilities at ports and may impose conditions in respect of their use.
62. Provision of fire and emergency service
The Authority may provide such fire and emergency service as it deems necessary for the purpose of extinguishing fires and preserving or protecting life, property and the environment.
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63. Fire on board
(1) In the event of fire breaking out on board a vessel in a port, the Port Master or his authorised representative may— (a) proceed on board the vessel with such assistance and persons
as he thinks fit; and (b) give such orders as seem to him necessary for— (i) scuttling the vessel or for removing the vessel or any other
vessel to such place as to him seems proper to prevent danger to other vessels; and
(ii) taking any other expedient measures for the protection of life, property and the environment.
(2) Where orders under subsection (1) are not forthwith carried out by the owner or master of the vessel, the Port Master may proceed to carry them into effect.
(3) Any expenses incurred in the exercise of the powers conferred by subsections (1) and (2) shall be recoverable by the Authority from the owner or master of the vessel.
(4) The Port Master shall hold an inquiry into the circumstances leading to a fire on board a vessel in port and the actions taken.
(5) For the purposes of an inquiry under subsection (4), the Port Master or his authorised representative may— (a) go on board any vessel and inspect the vessel or; (b) enter and inspect any premises, the entry or inspection of which
appears to him to be necessary; (c) by notice under his hand, require the attendance of any person
to give any evidence, produce any document or other things in his possession relating to the subject matter of the inquiry;
(d) cause the vessel to be detained if in his opinion such detention is necessary.
(6) Any person who, being notified to attend such inquiry— (a) fails to do so; (b) refuses to answer any question relating to the subject matter of
the inquiry; or (c) refuses or fails to give any document or other thing, shall commit an offence and shall, on conviction, be liable to a fine not ex- ceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years.
64. Power of entry during an emergency
(1) In the event of any emergency threatening life, property or the envi- ronment in a port, the Port Master or his authorised representative may— (a) enter any premises, with or without the consent of the owner or
occupier for the purpose of dealing with the emergency; and
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(b) do such acts and use such convenient equipment, tools, extin- guishing medium there as are deemed necessary.
(2) The Port Master or his authorised representative may, without there- by incurring any liability, at any time of the day or night enter any premises or vessel in a port for the purpose of attending to any emergency or making any survey or inspection.
(3) No action for damages in respect of anything done under subsec- tion (1) may be maintained against the Port Master or any officer.
(4) Any person who wilfully obstructs or hinders the Port Master or any of- ficer in the execution of the powers conferred upon him by this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years.
PART IX – MISCELLANEOUS
65. Regulations
(1) The Authority may, with the approval of the Minister, make regula- tions for the maintenance, control and management of a port and for the maintenance of good order therein and, generally, for carrying out the pur- poses of this Act, and in particular and without prejudice to the generality of those powers, may make regulations for or in respect of—
(a) movements and stay of vessels in a port;
(b) pilotage;
(c) loading, discharging and storage of cargo;
(d) safety of navigation and cargo handling operations;
(e) protection of the environment;
(f) port security;
(g) concession contracts, licences and leases; and
(h) finance, including levying of rates, charges, dues and fees.
(2) Regulations under subsection (1)—
(a) may make different provision in relation to different classes of vessels;
(b) may otherwise make different provision for different circum- stances; and
(c) may provide that any person that contravenes them shall, sub- ject to such defence to any prosecution as may be specified, commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years. [S. 65 amended by s. 6 of Act 21 of 2003 w.e.f. 9 August 2003.]
Revised Laws of Mauritius
66. Damage to Authority’s property
(1) Any person who wilfully removes, destroys or damages any property belonging to the Authority or hinders or prevents such property from being used or operated in the manner in which it is intended to be used or operated shall commit an offence and shall, on conviction, be liable to a fine not exceed- ing 150,000 rupees or to imprisonment for a term not exceeding 4 years and, on an application by the Authority, a Court may order the offender to pay com- pensation to the Authority for any damage done by him.
(2) An officer duly authorised by the Authority may apprehend any per- son who, within his view, commits an offence under this section and shall, on such apprehension, without unreasonable delay, hand over the person so apprehended to a police officer.
(3) Nothing in this section shall prevent the Authority from taking any legal proceedings open to it at law before any Court having jurisdiction for the recovery of the full amount of the damage caused.
(4) Where any damage is done to any property of the Authority by any vessel or by any person employed in or about the vessel, the cost of making good the damage may be recovered by the Authority from the owner or mas- ter of the vessel.
(5) The Authority may detain the vessel until the cost of making good the damage is paid to the Authority or adequate security is given to the Authority.
(6) Where by reason of any act, neglect or default by a person—
(a) that person incurs any penalty under this Act; or
(b) damage is caused to the property of the Authority, that person shall be liable to make good the damage as well as pay the penalty.
(7) The amount of the damage shall, in case of dispute, be determined by the Court in which the party incurring the penalty is convicted, and may be recovered as if it were a fine imposed by the Court.
67. Power of arrest
A police officer may arrest a person found committing, or who he has reason to believe has committed, an offence against this Act or any subsid- iary enactment made under it.
68. Jurisdiction
The Intermediate Court shall have jurisdiction to try any offence under this Act or regulations made under the Act and may, notwithstanding sec- tion 113 of the Courts Act, impose any penalty provided by this Act or by any regulations made under the Act.
69. – 72. —
Ports Act
[Issue 6] P14 – 32
SCHEDULE [Sections 2, 5 and 25]
Name of port Limits of port Port Louis The port area shall be the area within the following
limits– Starting from monument No. 1 (996 835.00mE, 1 006 695.00mN) at the mouth of Rivulet Terre Rouge, the port’s limit runs in a south-easterly direction along the north-eastern bank of the Rivulet to point 1A (997 292.86mE, 1 006 673.67mN); thence, in a north- easterly direction up to point 1B (997 362.08mE, 1 006 736.28mN); thence, in a south-easterly direction along the Baie du Tombeau Road up to point 1C (997 605.42mE, 1 006 657.67mN); thence, in a southerly direction up to point 1D (997 588.18mE, 1 006 475.50mN); thence, in a south-westerly direction up to point 1E (997 546.32mE, 1 006 401.04mN); thence, in a south-westerly direction to monument No. 2 (997 380.94mE, 1 006 140.44mN) at the intersection of the prolongation of the western bank of a man-made drain with the edge of Rivulet Terre Rouge; thence, in a gen- erally south-westerly direction along the western bank of the said drain to monument No. 3 (997 206.65mE, 1 005 783.08mN) at the intersection of the prolonga- tion of the northern edge of Ng Cheng Hin Street and the western edge of the above mentioned drain; thence, in a generally south-westerly direction along the north-eastern and western boundaries of a portion of land belonging to the City Council of Port Louis and then along the western boundary of the eastern Ceme- tery to monument No. 4 (997 009.81mE, 1 005 379.52mN); thence, in a north-easterly direction along the eastern edge of Cemetery Road and along the east- ern boundary of MPA land leased to Vivo Energy Mauri- tius Ltd, to monument No. 5 (997 382.75mE, 1 005 261.30mN) at the northern bank of Lataniers River; thence, in an easterly direction along the northern bank of Lataniers River to monument No. 6 (997 592.22mE, 1 005 214.74mN) at the intersection of the Lataniers River to the western edge of the northern Entrance Road; thence, in a southerly direction along the outer edge of the pavement on the western edge of the northern Entrance Road and then along the western edge of the Port Louis-Plaisance Dual Carriageway (M1) up to point 1F (996 929.96mE, 1 003 980.90mN); thence, in a north-westerly direction along the southern bank of Le Pouce Stream, up to point 1G (996 924.10mE, 1 003 984.65mN); thence, in a generally south-westerly direction along part of MPA land to be proclaimed as Motorway, over a developed length of one hundred and twenty-one metres and eight centi- metres (121.08m), up to point 1H (996 812.68mE, 1 003 937.44mN); thence, in a generally south-westerly direction along the southern edge of an existing road
Revised Laws of Mauritius
SCHEDULE—continued
Name of port Limits of port belonging to the MPA, over a developed length of four
hundred and twenty metres and twenty-three centi- metres (420.23m), up to point 1I (996 527.88mE, 1 003 859.95mN); thence, in a south-easterly direction along part of MPA land to be proclaimed as Motorway, over seventeen metres and seventy-three centimetres (17.73m), up to point 1J (996 533.60mE, 1 003 843.17mN) on the western edge of the Port Louis- Plaisance Dual Carriageway (M1); thence, in a generally south-westerly direction along the western edge of the Port Louis-Plaisance Dual Carriageway (M1), up to the Caudan Roundabout; thence, in a generally north- westerly direction along the eastern edge of the road leading to the Bulk Sugar Terminal to monument No. 7 (995 978.87mE, 1 004 257.00mN) at the entrance of the Bulk Sugar Terminal; thence, generally in a north- westerly direction along, firstly the south western fence of the Bulk Sugar Terminal compound, secondly along the northern edge of a wide drain and thirdly along a sewerage pipe, to monument No. 8 (995 085.90mE, 1 004 599.20mN) at the intersection of the sewerage pipe with the seashore; thence, in a generally south- westerly direction along the seashore up to point 1K (987 842.86mE, 1 000 875.76mN) on the seashore of Albion near Belle Vue Phare Lighthouse; thence, in a northerly direction along an imaginary line to point 1L (20º9’26.148”S and 57º24’19.951”E) in the sea; thence in a north-easterly direction, along another imaginary line to point 1M (20º5’24.354”S and 57º27’25.668”E) in the sea; thence, in a south- easterly direction along an imaginary line in the align- ment of the undersea Telecommunication Cable Rout- ing to point 1N (998 263.54 mE, 1 010 981.09 mN) located on the seashore near Battery D’ Artois, Tom- beau Bay; and finally in a generally southern direction along the seashore up to the starting point, monument No. 1.
[Sch. amended by GN 203 of 2003; repealed and replaced by GN 77 of 2014 w.e.f. 2 May 2014.]
