Piers and Wharves Act

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Piers and Wharves Act
CHAPTER 7.10
PIERS AND WHARVES ACT
ARRANGEMENT OF SECTIONS

SECTION
1. Short title
2. Port of Plymouth a public shipping place
3. Governor may appoint public shipping places
4. Rates on goods landed and shipped
5. Application of rates
6. Rules
7. Penalty for infringement of Rules
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CHAPTER 7.10
PIERS AND WHARVES ACT
(Acts 3 of 1906, 8 of 1941 and 9 of 2011)
Commencement
[14 April 1906]
Short title
1. This Act may be cited as the Piers and Wharves Act.
Port of Plymouth a public shipping place
2. For the purposes of this Act the port of Plymouth shall be any place from Wapping Bay to Barrack Bay inclusive, and such port shall be a public shipping place.
Governor may appoint public shipping places
3. The Governor may from time to time declare any bay, shore or place upon which a wharf, pier or jetty is provided for the public use to be a public shipping place and define the limits of any such public shipping place.

Rates on goods landed and shipped
4. There shall be collected and paid on all goods, wares or merchandise landed at or exported from Montserrat from any public shipping place, such rates as shall be prescribed under this Act. Such rates may be prescribed in respect of all public shipping places in Montserrat, or of any one or more of such public shipping places, and shall be collected, paid and recovered in the prescribed manner.
Application of rates
5. All rates collected under this Act shall be paid into the Public Treasury for the public uses of Montserrat.
Rules
6. (1) The Governor may make rules for the following purposes—
(a) for prescribing public shipping places, and the limits or boundaries thereof;
(b) for the regulation and management of public piers, wharves and shipping places;
(c) for the regulation of the roadsteads of Montserrat, the use of public buoys, the mooring and anchorage of vessels and the discharge of ballast therefrom, and generally for the proper control and management of such roadsteads;
(d) for prescribing the rates payable on goods, wares and merchandise landed at or exported from Montserrat from any public shipping places, and the manner in which such rates are to be collected and paid.
(2) All rules made under the provisions of this Act shall be published in Montserrat, and, after such publication, shall have the full force and effect of law.
(3) No such rule as aforesaid shall come into operation until it has been approved by the Legislative Assembly and sanctioned by the Governor. (Amended by Act 9 of 2011)
Penalty for infringement of Rules
7. Any person offending against any rule made under the provisions of this Act shall be liable on conviction before a Magistrate to a penalty of $24.
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PIERS AND WHARVES RULES
ARRANGEMENT OF RULES

RULE
1. Short title
2. Control
3. Prevention of fishing, etc.
4. Control of use of the pier
5. Access to pier
6. Passengers’ baggage
7. Clear passage on pier
8. Bulky articles
9. Boats
10. Prevention of damage by boats
11. Vessels
12. Traffic of boats
13. Lighting of boats
14. Supervision of boats
15. Mooring, etc., of boats
16. Admission of vessels
17. Boats alongside ships
18. Traffic of boats alongside ships
19. Clear approach to ships
20. Men-of-War
21. Boats alongside ships
22. Control of vehicles
23. Handling of heavy cargo
24. Control of foreshore
25. Wharfage fees
26. Depositing refuse on or within vicinity of public piers and wharves
27. Berthing fees
SCHEDULES: Wharfage rates


PIERS AND WHARVES RULES – SECTION 6
(S.R.O.s 5/1936, 10/1937, 8/1941, 7/1945, 17/1965, 1/1972, 28/1976, 36/1976, 22/1977 and 31/1977)

Short title
1. These Rules may be cited as the Piers and Wharves Rules.
Control
2. The Government piers, wharves and public shipping places of Montserrat shall
be under the control of the Police subject to the directions of the Harbour Master.
Prevention of fishing, etc.
3. No idlers shall be allowed on any Government pier or wharf during such time
as goods are being landed thereat or exported therefrom, or while passengers are being
landed thereat or embarked therefrom, and no beggars, common prostitutes, disorderly
persons, or persons of bad character shall be at any time allowed on any Government
pier or wharf. Fishing is prohibited from any Government pier or wharf, unless
previous written permission, which must be shown on demand, has been obtained
from the Harbour Master.
Control of use of the pier
4. Whenever it shall appear necessary to the Harbour Master or, in his absence to
the Police Officer in charge, it shall be lawful for such officer to prevent any person
coming upon any Government pier or wharf and also to order any person already there
to leave the same.
Access to pier
5. On the arrival of any steamer and during the time the boat or boats to or from
such steamer may be at the pier and on such occasions as may be deemed necessary by
the Officer in charge of the Police, the pier shall be kept clear of all persons except
those landing or embarking, and any person who may have business with them at the
time, and any officer whose presence may be necessary in the discharge of any Public
duty:
Provided that licensed boatmen and porters decently clothed and wearing their
badges as directed by law shall have access to the pier subject to the permission of the
Police Officer on duty, and provided further, that any person who shall quarrel, fight,
make any disturbance, or in any way cause an obstruction shall at once be removed by
the Police.
Passengers’ baggage
6. Passengers’ baggage when required to be landed or taken off from any
Government pier shall only be landed or taken off in accordance with the directions of

the Harbour Master, Boarding Officer or the Police Officer on duty. All baggage
landed shall be removed from the pier to the Baggage Room forthwith.
Clear passage on pier
7. All goods landed on any pier or carried thereon for shipment shall be ranged in
order, so that a clear passage of not less than four feet shall at all times be kept from
end to end, and such goods shall be removed with the least possible delay.
Bulky articles
8. No hardwood, hogsheads, bricks, tiles, sugar pans, or other bulky articles shall
remain on that part of the Bay which lies between the Gaol and Water Lane.
Boats
9. Any flat, boat or canoe coming to the steps of any pier for the purpose of
landing or embarking passengers shall, as soon as such are landed or embarked, move
off so as to leave the steps clear for other boats. Passengers on landing shall pass from
the steps to the platform forthwith.
Prevention of damage by boats
10. No decked or other heavy boat shall remain alongside any pier except while
actually loading or unloading, and when not so engaged, shall be removed to a
sufficient distance so as not to obstruct the pier. The owner or owners of any such boat
attached to, or remaining alongside, any such pier contrary to the above shall be liable
for any damage caused to such pier by such boat, and the person in charge of such
boat at the time of any breach of this regulation shall be liable as provided in section 7
of the Piers and Wharves Act.
Vessels
11. No vessel of over ten tons burthen shall come alongside any pier without
permission from the Harbour Master, and no such permission shall be granted except
for the purpose of taking off or landing cargo too heavy to be hoisted on the mast or
masts of such vessel, and no load that is not clearly within the lifting capacity
indicated on a crane shall be hoisted by any crane without permission from the
Harbour Master.
Traffic of boats
12. All flats, boats or canoes which require to land or take off cargo from any pier
shall do so in accordance with their order of arrival, and if any flat, boat or canoe from
any cause is unable to discharge or take off its cargo, it shall at once give place to the
next in order of arrival.
Lighting of boats
13. All boats when propelled in the roadstead of Plymouth between the hours of
sunset and sunrise, shall carry at the stern a white light of a globular form not less than
four inches in diameter, not lower than eighteen inches above the stern of such boat,
and such light must be always clear and visible.

Supervision of boats
14. All boats whether licensed or not shall on being hailed by a Police Officer on
duty, Harbour Master or Boarding Officer, stop, and the coxswain or any member of
the crew who shall be requested to do so, shall give the name of such boat with its
number, if any, and also if required, the names of the men employed at the time in
such boat.
Mooring, etc., of boats
15. Boats of all descriptions shall anchor and moor only in such parts or places in
any roadstead and shall be hauled up only in such places as the Harbour Master, or in
his absence the Police Officer on duty, shall direct and appoint, and shall remove from
such positions as often as he may direct.
Admission of vessels
16. No droghers, ships’ boats, fishing boats, lighters, wherries, flats or boats of any
description, shall go alongside or approach within fifty yards of any vessel arriving in
any roadstead while the Harbour Master is taking the report, or until such vessel has
been admitted to pratique.
Boats alongside ships
17. No boat of any description shall remain alongside the gangway of any steamer
at anchor or moored in any roadstead longer than is necessary for taking in and setting
down passengers and their luggage. Any boat must haul clear of the gangway on being
ordered to do so by the Harbour Master, Boarding Officer or Police Officer on duty so
as to avoid detaining or interfering with other boats.
Traffic of boats alongside ships
18. Not more than one boat at a time shall come alongside any gangway of any
steamer at anchor or moored in any roadstead without the authority of the Police
Officer on duty. When the ladder or gangway is already occupied, boats must be not
less than ten yards off, and on the ladder or gangway being clear, shall approach in the
order called by the Police Officer (if any) in charge of the gangway, or if there be no
Police Officer in charge of the gangway then in the order of their arrival off the vessel.
Clear approach to ships
19. No boats of any description shall be allowed to drift and obstruct the approach
to the gangway of any vessel at anchor or moored in any roadstead.
Men-of-war
20. No boat of any description shall remain within fifty yards of any man-of-war at
anchor in any roadstead without the permission of the Officer in Command.

Boats alongside ships
21. Boats plying for fares alongside steamers or vessels in any roadstead must
keep at not less than twenty five yards distance from such vessel until called
alongside. (Amended by S.R.O. 17/1965)
Control of vehicles
22. No wheeled vehicle of any kind shall be used on any pier without the
permission of the Harbour Master.
Handling of heavy cargo
23. All machinery and other heavy articles including hogsheads, puncheons and
tierces landed on or shipped from any pier shall be moved on the tramway trucks and
in no other manner.
Control of foreshore
24. No person shall remove any stone or stone ballast from the foreshore of the
roadstead of Plymouth without the permission of the Harbour Master.
Wharfage fees
25. (1) There shall be charged and paid in respect of all animals, articles, goods
and things imported into Montserrat through any wharf, pier or public shipping place a
fee at the rate of 50 cents per 100 lbs. or 30 cents per cubic foot whichever is the
greater:
Provided that the fee charged in respect of cement shall be $4.30 per ton or 18
cents per bag.
(2) The rate by cubic measurement shall be charged on all goods, articles and
things which are crated or boxed, and the rate by weight shall be charged on all other
things. (Inserted by S.R.O. 17/1965 and amended by S.R.O.s 28/1976, 36/1976 and 31/1977)
Depositing refuse on or within vicinity of public piers and wharves
26. (1) No person shall throw or deposit any ballast, stones, rubble, debris, litter,
trash, rubbish or other refuse onto any public pier or wharf or into the sea within a
distance of 1,000 feet from any public pier or wharf.
(2) Any Police Officer or Customs Officer may prevent any person from
bringing onto any public pier or wharf any ballast, stone, rubble, debris, litter, trash,
rubbish or other refuse as aforesaid. (Inserted by S.R.O. 31/1977)
Berthing fees
27. The fees specified in the Schedule hereto shall be respectively charged and
paid in respect of ships and vessels berthing in the port. (Inserted by S.R.O. 31/1977)

FIRST SCHEDULE
(Rule 25)
(Imports)
WHARFAGE RATES
ANIMALS $ Asses ........................................ .24 each
  

Under 12 months half rate. Cattle, horned ........................... .48 each
Horses ....................................... .48 each
Mules ........................................ .48 each
Pigs, Goats, Sheep .................... .04 each Under 3 months half rate.
BROOMS .......................................... .02 per 25.
COAL, Coke, & Patent Fuel ............. .24 per ton.
EARTHENWARE, not put up in
packages ................................... .02 per dozen pieces.
FIREWOOD ...................................... .12 per cord.
FORKS, spades & shovels ................ .02 per dozen pieces.
FRUITS & VEGETABLES
Bananas & Plantains .................. .005 per bunch.
Coconuts ................................... .04 per hundred.
All other, packed or not ............ .02 per 2½ cu. ft.
FELLOES, Cants or naves for wheels .06 per dozen.
FISH, dried or smoked ...................... .02 per 112 lb.
GALVANIZED IRON & all articles
of iron or hardware not
otherwise specified ................... .02 per 100 lb.
IRON POTS & Dutch ovens ............. .02 per dozen.
LUMBER
Pitch, spruce and white pine ..... .24 per 1000 superficial ft.
Hardwood ................................. .48 per 1000 superficial ft.
Cedar & other ........................... .20 per 1000 superficial ft.
PACKAGES, containing goods or
articles not otherwise specified:

Bags .......................................... .02 Not exceeding 112 lb.
Bags .......................................... .04 per bdl. exceeding 112 lb.
Bales ......................................... .02 per 2½ cu. ft.
Barrels ...................................... .04 each.
Boxes ........................................ .02 per 2½ cu. ft.
Cases ........................................ .02 per 2½ cu. ft.
Casks, not to exceed 80 gals.
or 4 cwt. ........................... .08 each.
Crates ........................................ .02 per 2½ cu. ft. and under.

Demijohns ................................ .02 each.
Drums ....................................... .02 each.
Hogsheads ................................ .02 per 2½ cu. ft. or 112 lb.
Jars ........................................... .02 each.
Kegs ......................................... .02 each.
Puncheons over 80 gallons ....... .16 each.
Tierces ...................................... .02 per 2½ cu. ft. or 112 lb.
Trunks ...................................... .02 per 2½ cu. ft. and under.
Pans, Carron & other ................ .48 each.
Rope ......................................... .02 per 100 lb.
Shingles .................................... .12 per 1000.
VEHICLES
Crated or boxed ........................ .02 per 2½ cu. ft.
Bicycles, unboxed .................... .04 each.
Motor bicycles & tricycles ....... .24 each.
Motor cars ................................ .96 each.
Other Kinds:
2 wheeled ......................... .48 each.
4 wheeled ......................... .96 each.
All other goods or articles when
not enumerated ................ .02 per 2½ cu. ft.


EXEMPTIONS
EMPTY PACKAGES when not landed on any pier.
PERSONAL BAGGAGE of passengers.
GOODS AND ARTICLES conveyed coastwise.
ANIMALS, ARTICLES AND THINGS when exported for sale and returned unsold.
HOUSEHOLD AND PERSONAL EFFECTS of any person holding office in the public service
of Montserrat when imported into or exported from Montserrat in the course of the transfer of
such person on official duty from one Colony of the Leeward Islands to another.
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SECOND SCHEDULE
(Rule 25)
(Exports)
ANIMALS $
Pigs, Goats, Sheep ................................. .04 each.
COTTON SEED ............................................ .02 per bag.
COTTON LINT ............................................. .03 per 100 lb.
TOMATOES .................................................. .005 per crate.
do. .................................................. .04 per barrel.
Vegetable crate ............................................... .01 each.
TAMARINDS ................................................ .04 per barrel.
BARRELS, CASKS, PUNCHEONS &
DRUMS—

not exceeding 36 gals. capacity ..... .04 each.
Exceeding 36 gals. but not
exceeding 60 gals. capacity ..... .08 each.
Exceeding 60 gals. capacity .......... .16 each.
Half the above rates when empty.
Free when not exported from any pier
HIDES
Cattle ..................................................... .04 per dozen.
Other hides and skins ............................ .02 per dozen.
LIMES ............................................................ .005 per crate.
do. ........................................................... .04 per barrel.
LUMBER & HARDWOOD .......................... .24 per 1000 ft.
OTHER ARTICLES, per 2½ cubic feet ......... .02
OTHER ARTICLES, per 100 lb. .................. .02
POULTRY ..................................................... .08 per dozen.
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THIRD SCHEDULE
(S.R.O. 31/1977)
Ships and vessels First 24 hrs. Each 24 hrs.
After the first
SHIPS under 100 GRT. $20 –
VESSELS 100–500 GRT. $40 $15
” 500–1,000 GRT. $50 $25
” 1,000–2,000 GRT. $60 $40
” 2,000–5,000 GRT. $90 $50
” 5,000–10,000 GRT. $120 $70
” 10,000–15,000 GRT. $150 $80
” 15,000–20,000 GRT. $180 $90
” 20,000 GRT and over. $200 $100
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