Ports Authorities Act


Published: 1962-05-23

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Ports Authorities Act
PORT AUTHORITIES [CH.269 – 1


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

PORT AUTHORITIES

CHAPTER 269

PORT AUTHORITIES


LIST OF AUTHORISED PAGES

1 – 35 LRO 1/2006



ARRANGEMENT OF SECTIONS


PART I
PRELIMINARY


SECTION

1. Short title and application.
2. Interpretation.


PART II
ADMINISTRATION AND POWERS OF MINISTER


3. Staff of the Minister.
4. Transfer of property.
5. General powers.
6. Regulations.
7. Minister may make grants of rights in certain cases.
8. Validation of authority for certain works executed in reliance on earlier

approval.
9. Use of dredgers, tugs, etc.
10. Contracts.


PART III
PORT AUTHORITIES AND PORT AREAS


11. Declarations and appointments by the Governor-General.
12. Constitution of port authorities and procedure.
13. Powers and duties of port authorities.
14. Port authorities to settle disputes.
15. Recovery of damages, costs, etc.
16. Power to compel attendance of witnesses, etc.
17. Service of summons, etc.
18. Appeals.

CH.269 – 2] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

PART IV
PORT CONTROLLER AND HARBOUR MASTERS


19. Duties of Port Controller.
20. Harbour master for an Out Island port area.


PART V
TUGS AND LIGHTERS


21. Interpretation.
22. Licences and certificates.
23. Issue of general or restricted licences.
24. Certificate to be exhibited.
25. Forms and charges.
26. Offences.


PART VI
LIGHTS, LIGHTHOUSES AND NAVIGATIONAL STRUCTURES


27. Application of Part VI.
28. All lights, etc. vested in Minister.
29. Penalty for erecting, removing or tampering with lights, etc., without

approval.


PART VII
PIERAGE AND WHARFAGE


30. Interpretation.
31. Master’s right to select wharf.
32. Port Controller or senior pilot’s duty.
33. Right of vessel to remain at wharf.
34. Rates of pierage, etc., in Schedule made payable.
35. Vessels which occupy space at wharfs how regulated.
36. Rates of pierage recoverable.
37. Wharfs to be kept in good order.
38. Occupier of warehouse responsible for safety of goods.
39. Expenses.
40. Collection of rates of pierage at public wharfs.
40A Jetty fee.
41. Wharf tax.


PART VIII
PILOTS


42. Appointment and cancellation.
43. Qualification for appointment of a pilot.
44. Bond to be given by pilot.
45. Duration of a pilot’s licence.
46. Pilot’s flag.

PORT AUTHORITIES [CH.269 – 3


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

47. Pilot’s light.
48. Pilot to produce his licence.
49. Production and return of licence.
50. Pilot not to absent himself without permission.
51. Pilot to provide himself with a proper boat.
52. Owner’s or master’s liability.
53. Pilot’s apprentices.
54. Offences by pilots.
55. Penalty on pilot endangering ship, life or limb.
56. Penalty for giving false draught of a ship.


PART IX
PILOTAGE AND PILOTAGE FEES


57. Compulsory pilotage.
58. Fee payable when a pilot’s services are refused.
59. Half pilotage payable by certain ships.
60. Pilotage payable by a ship anchored outside the bar of the Harbour of

Nassau, etc.
61. Pilot’s dues in case of detention.
62. Pilot’s dues in case of delay.
63. Pilot’s dues if taken out of his locality.
64. Pilot to convey a ship within the limits of a harbour.
65. Pilot bringing a ship into port privileged to conduct the same out.
66. Pilot may not be discharged without his consent.
67. Pilot responsible for the direction of a ship being towed.
68. Pilotage payable by a ship being towed, the tow boat being exempt.
69. Liability of master, etc., to pay pilotage.
70. Pilotage payable by a ship following a ship without a pilot.
71. Fee payable on leaving a harbour without a pilot.
72. Pilotage fees.


PART X
GENERAL OFFENCES


73. Penalty for fraudulent use of licence, etc.
74. Penalty for neglecting to abate nuisance.
75. Penalty for not forwarding a dead pilot’s licence.


PART XI
MISCELLANEOUS PROVISIONS


76. Rules.
77. Recovery of penalties.
78. Reports.

CH.269 – 4] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

FIRST SCHEDULE — Customs Property.
SECOND SCHEDULE — Port Department Property.
THIRD SCHEDULE — Rates.
FOURTH SCHEDULE — Non-compulsory Pilotage.
FIFTH SCHEDULE — Pilotage Fees.


PORT AUTHORITIES [CH.269 – 5


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

CHAPTER 269

PORT AUTHORITIES
An Act to provide for the constitution and

appointment of port authorities for New Providence
and the Out Islands whereby the various ports and
harbours of The Bahamas and the pilots and pilotage
thereof and therein may be better regulated and
controlled.

[Commencement 23rd May, 1962]

PART I
PRELIMINARY

1. (1) This Act may be cited as the Ports
Authorities Act.

(2) Save in so far as rules made under section 76(3)
apply, this Act shall not apply respectively to —

(a) the deep water harbour and turning basin and
channel thereto constructed by the Grand Bahama
Port Authority, Limited, under and by virtue of the
powers granted to that company by the provisions
of the Hawksbill Creek, Grand Bahama (Deep
Water Harbour and Industrial Area) Act; and

(b) the harbour and district of Hatchet Bay,
Eleuthera, authorised by and controlled under
the provisions of the Hatchet Bay Harbour
Control Act.

2. In this Act, unless the context otherwise requires —
“coaster” means a ship entering or clearing under a

transire;
“Department” means the Port Department of The

Bahamas;
“Harbour of Nassau” means that part of the sea

bounded —
(a) on the West by a line drawn from the

western extremity of Silver Cay due south
until it reaches the northern shore of the
Island of New Providence;

14 of 1962
42 of 1963
37 of 1957
46 of 1964
9 of 1966
20 of 1966
7 of 1971
18 of 1972
E.L.A.O., 1974
19 of 1975
16 of 1976
5 of 1987
28 of 1989
10 of 1994
25 of 1995
22 of 2001
8 of 2003

Short title and
application.
16 of 1976, Third
Schedule.
42 of 1963, s. 4.

Ch. 261.

Ch. 272.

Interpretation.

42 of 1963, s. 5;
5 of 1987, Sch.

CH.269 – 6] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(b) on the North by the northern shore of
Silver Cay and then by a straight line
drawn in an easterly direction to the
western extremity of Paradise Island then
along the northern shore of Paradise Island
to the eastern extremity thereof and thence
by a straight line drawn in an easterly
direction to the western extremity of Athol
Island thence along the northern shore of
Athol Island to the eastern extremity
thereof;

(c) on the East by a straight line drawn from
the eastern extremity of Athol Island to the
eastern extremity of the Island of New
Providence;

(d) on the South by that portion of the northern
shore of the Island of New Providence lying
between the southern extremity of the
western and eastern boundaries respectively;

“master” includes the master, commander or other
person having the charge of any ship;

“Minister” means the Minister responsible for
Maritime Affairs;

“pilot” means a person duly licensed as a pilot under
the provisions of this Act;

“port area” means the area constituted and defined as
a port under the provisions of this Act;

“port authority” means the authority for a port area;
“Port Controller” means the officer referred to as

such in section 3;
“prescribed” means prescribed by rules under the

provisions of this Act;
“rules” means rules made under the provisions of this

Act;
“Schedule” means a Schedule to this Act;
“ship” includes any vessel;
“vessel” means any boat or lighter, and craft of every

kind, and whether navigated by steam or
otherwise.

E.L.A.O., 1974.

16 of 1976, Third
Schedule.

PORT AUTHORITIES [CH.269 – 7


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

PART II
ADMINISTRATION AND POWERS OF MINISTER

3. (1) There shall be on the staff of the Minister a
Port Controller who shall be the principal officer of the
Port Department and who shall exercise and perform the
functions assigned to him by this Act accordingly.

(2) There shall be appointed such numbers of public
officers, to be known as Deputy Port Controllers, as may
from time to time be authorised by Parliament, and who
shall, subject to such general or special directions as may
be given by the Port Controller from time to time, exercise
and perform any of the functions of the Port Controller.

4. (1) The immovable property which immediately
prior to the seventh day of January, 1964; vested in fee
simple in the Maritime Board which was abolished on the
said date, is hereby vested on the said date in the Treasurer
to be held by him in trust for Her Majesty in right of Her
Government of The Bahamas for public purposes.

(2) Nothing contained in subsection (1) of this
section shall affect the validity of any lease granted by the
said Maritime Board prior to the seventh day of January,
1964, and any such lease shall be deemed to have been
granted by the Treasurer and shall continue in force for the
unexpired term thereof according to its tenor.

(3) All movable property which immediately prior
to the seventh day of January, 1964, vested in the Governor
for the purposes of the Port Department or in the Maritime
Board which was abolished on the said date, is hereby
vested in the Minister to be held by him in trust for Her
Majesty in right of Her Government of The Bahamas for
public purposes.

5. The Minister may —
(a) by Order fix the rates for wharfage and harbour

dues in respect of all or any port authority areas;
(b) control the development by such means as he

may think fit of all new harbours within The
Bahamas.

6. (1) The Minister may make regulations for the
control of the surface of all public docks and wharfs in The
Bahamas.

Staff of the
Minister.
16 of 1976,
Third Sch.

Transfer of
property.
42 of 1963, s. 6.

General powers.
46 of 1963, s. 7;
9 of 1966. s. 2.

Regulations.
6 of 1966, s. 3.

CH.269 – 8] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(2) Without prejudice to the generality of subsection
(1) of this section, the Minister may make regulations for
any of the following purposes —

(a) for the making of a traffic code governing the
conduct of all users of public docks and wharfs
in The Bahamas including pedestrians and of all
drivers and passengers in motor vehicles, and for
the imposition of penalties for failure to comply
with traffic signs, signals or directions;

(b) for restricting the use of such docks and wharfs
by persons or vehicles generally or by particular
categories of persons or vehicles or on particular
occasions;

(c) for the removal of filth and rubbish and the
cleaning and keeping clean of all such docks and
wharfs.

(3) The Minister may provide, in any regulations
made under the provisions of this section, for the
imposition upon any person, upon summary conviction for
an offence against any such regulations, of such penalty
not exceeding a fine of two hundred dollars as the Minister
deems appropriate to the offence concerned.

7. The Minister, upon such terms and subject to
such conditions as he may think fit, may grant to any
person rights for or in connection with the construction,
use, maintenance, repair, replacement and operation (or
any of these purposes) of any abutment, dock, basin, pier,
bridge, causeway, jetty, wharf, mooring, quay or
embankment wall or the reclamation of any land in or upon
any part of the Harbour of Nassau or any port area or any
navigable waters of The Bahamas, and any such
construction, use, operation or reclamation made pursuant
to any such grant as aforesaid shall at all times thereafter
be deemed to have been lawfully made notwithstanding
any subsequent determination or revocation of such grant:

Provided that in making any such grant as aforesaid,
the Minister shall have regard to the desirability of causing
the least obstruction to any public right of navigation.

8. (1) Any construction, use, operation or
reclamation of the nature referred to in section 7, which prior
to the third day of May, 1966, was made or carried out with
the approval of the Minister responsible for Maritime Affairs,


5 of 1987, s. 2.

Minister may
make grants of
rights in certain
cases.
9 of 1966, s. 3;
E.L.A.O., 1974
8 of 2003.

Validation of
authority for
certain works
executed in
reliance on
earlier approval.
9 of 1966, s. 4.

PORT AUTHORITIES [CH.269 – 9


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

or of any Board, public authority or public officer at any
material time having responsibility in relation to maritime
affairs under this Act, or any other law repealed and
replaced by this Act, shall be deemed for all purposes to
have been lawfully made pursuant to a grant under the
aforesaid provisions of this Act.

(2) In any case in which the provisions of
subsection (1) of this section apply the Minister, upon
being satisfied as to the facts of the case and upon
application made to him by a person entitled to the benefit
of that subsection, may make a grant, in such terms as may
be appropriate to the facts of the particular case, expressed
to have retrospective effect to the date of the original
approval by the Minister or other authority, as the case may
be, and such grant shall be deemed for all purposes to have
had effect from that date.

(3) For the avoidance of doubt it is hereby declared
that nothing in section 7 of this Act shall affect the validity
of any abutment built or other work carried out or
certificate issued in accordance with and in exercise of the
powers conferred by the provisions of the Abutments Act.

9. The Department may, subject to the direction
and control of the Minister —

(a) use its dredging machines in the Harbour of
Nassau and in the vicinity of the Island of New
Providence in the work of dredging and
otherwise improving the said Harbour in such
manner and under such conditions as it may
deem necessary, including the dredging and
supply of sand;

(b) use the Government tenders and tug-tenders
around the Island of New Providence in such
manner and as it may deem necessary;

(c) employ all engineers and workmen necessary in
its opinion to work and man its dredging
machines and tugs and tug-tenders;

(d) permit its dredging machines and the necessary
apparatus connected therewith, and also its
tenders, tugs and tug-tenders to be moved from
the Port of Nassau and conveyed to any port,
creek or settlement at or in any Out Island to be
there for any purpose it considers advisable;

9 of 1966, s. 5.

Ch. 270.

Use of dredgers,
tugs, etc.
42 of 1963, s.
8(1).

CH.269 – 10] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(e) permit its dredging machines and necessary
apparatus connected therewith, its tenders, tugs
and tug-tenders to be used for private purposes
under such terms and conditions as it may
consider to be advisable;

(f) enter into contracts for the sale and supply of
sand,

and all expenses incurred in carrying out the provisions of
this section, with the exception of paragraph (c), shall be
paid out of the Consolidated Fund by warrant in the usual
manner; and all sums received by the Department for the
use of its dredging machines, tenders, tugs and tug-tenders
for private purposes and for the sale and supply of sand
shall, after deducting the expenses connected with such
use, be paid into the Consolidated Fund in aid of the
general revenue.

10. Nothing in this Act contained shall affect any
contract that was valid and subsisting immediately prior to
the seventh day of January 1964 and which had been
entered into by the Maritime Board (abolished on the said
date) and any such contract shall be deemed to be a
contract entered into by the Minister or the Department on
behalf of the Government of The Bahamas.

PART III
PORT AUTHORITIES AND PORT AREAS
11. The Governor-General may —
(a) by Order declare any part of The Bahamas to be

a port area and define the limits of any such
area, and declare any part of The Bahamas to be
no longer a port area, and thereupon such part of
The Bahamas shall cease to be a port area;

(b) by Order fix and declare the fees of pilotage
chargeable by pilots for services rendered or
duties performed in an Out Island port area;

(c) appoint a port authority for any port area for a
period not exceeding three years (and shall
appoint such an authority for New Providence)
and appoint one of the members of such port
authority to be the chairman thereof:

Provided that the members of a port authority may
appoint a chairman during the temporary absence of the
chairman owing to illness, inability to attend, absence from
The Bahamas or other cause and that in the event of the

Contracts.
42 of 1963, s.
8(2).

Declarations and
appointments by
the Governor-
General.

25 of 1995, s. 2
and Sch.

PORT AUTHORITIES [CH.269 – 11


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

members of such port authority failing so to do the
Governor-General may appoint a temporary chairman:

Provided further that in the exercise of the powers
conferred upon him by this paragraph, the Governor-
General shall act on the advice of the Prime Minister.

12. (1) The Port Authority for New Providence shall
consist of not less than five members and the port authority
for a port area in an Out Island shall consist of not less than
three members including in each case the chairman thereof.

(2) A port authority shall have a common seal
which shall be authenticated by the signature of the
chairman of the authority or the temporary chairman, as the
case may be, and of another member authorised by the
authority so to do and every document purporting to be an
instrument issued by the authority and to be sealed with the
seal of the authority and authenticated as provided by this
subsection shall be received in evidence and be deemed to
be such an instrument without further proof unless the
contrary is shown.

(3) A quorum at all meetings of a port authority
shall be a majority of the members.

(4) At all meetings of a port authority the chairman,
or in his absence the temporary chairman, shall preside.

(5) All questions coming or arising before a meeting
of a port authority shall be decided by a majority of the
members present and voting thereon at the meeting and in
the case of an equality in votes the person presiding shall
have a second or casting vote.

(6) Subject as aforesaid a port authority may make
rules governing its own procedure.

13. Subject to the directions of the Minister, port
authorities within the respective port areas for which they are
appointed shall have the following powers and duties —

(a) to define the limits of the harbours and
anchorages in a port area and publish the same
in the Gazette;

(b) to cause buoys to be laid down and to adopt any
other necessary and practicable means for the
security of the harbours, anchorages and
pilotage in a port area and for these purposes,
with the consent of the Minister, to incur any


Constitution of
port authorities
and procedure.

42 of 1963, s. 11.

Powers and
duties of port
authorities.

42 of 1963, s. 12.

CH.269 – 12] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

reasonable expense. Any expenses so incurred
shall be payable out of the Consolidated Fund by
warrant in the usual manner;

(c) to carry out preliminary examinations of persons
desirous of becoming pilots, and to submit
recommendations to the Minister as to the
suitability of the applicants stating the maximum
size of the vessel which may be piloted by the
particular examinee;

(d) to report to the Minister cases of misconduct or
dereliction of duty on the part of any pilot;

(e) to cause the scale of pilotage and other fees
payable under this Act to be printed, and copies
thereof to be posted in the principal revenue
office of the port area and to be supplied to each
pilot;

(f) (i) to appoint places where all wrecks and
condemned vessels shall be laid on shore and
broken up or be sunk in the ocean;

(ii) to cause such vessels to be laid on shore and
broken up or to be sunk in the ocean and to
communicate in writing to the owner or master
concerned at his last known address such orders
and directions as they may deem necessary for
these purposes;

(iii) in case such owner or master shall refuse
or neglect to comply with such orders and
directions to cause those orders and directions to
be carried into execution at the cost and charge
of that owner or master;

(iv) to notify the Minister of any action taken
under subparagraphs (i), (ii) or (iii) of this
paragraph;

(g) upon being satisfied that any ship lying in
harbour has not good and sufficient ground
tackle, to notify the owner or master of such ship
and require him to furnish such ship with good
and sufficient ground tackle, and in case such
owner or master shall refuse or neglect to
comply with such notice to cause such ship to be
removed to such place named by the port
authority; and such removal shall be carried into
execution at the cost and charge of the owner or
master of such ship;

PORT AUTHORITIES [CH.269 – 13


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

(h) to direct a pilot to make reports in writing to the
port authority of the several soundings or depths
of the different channels in a port area;

(i) generally to administer all matters relating to
pilotage and navigation in the harbours and
anchorages in their respective port areas subject
to any directions given by the Minister.

14. (1) A port authority within its port area —
(a) may hear, try and determine in a summary

manner all disputes that may arise between any
master, owner or consignee of any ship and any
pilot concerning any fee or any other matter or
thing relating to his duties as a pilot or between
pilots as to their rights to any fees; and

(b) shall also hear, try and determine any dispute
that may arise respecting the burthen of any ship
or any complaint of damage done by one ship to
another.

(2) A port authority shall submit any award made by
it under the provisions of subsection (1) of this section to
the Minister but, unless the parties thereto avail themselves
of the right of appeal hereinafter in section 18 provided, the
award of a port authority shall be final and conclusive and
shall not be called in question in any court.

(3) The jurisdiction conferred upon a port authority
by this section shall not extend to cases in which the sum
of damages demanded exceed the sum of four hundred
dollars, save that in the case of the Port Authority for New
Providence, the limit of jurisdiction shall be two thousand
five hundred dollars.

(4) The hearing and determination of a dispute may
be by a quorum of a port authority so however that the
persons forming such quorum shall not be changed
throughout such hearing and determination.

15. Any sum or damages awarded under the
provisions of section 14 of this Act shall, if not paid on
demand, be forthwith levied by warrant of distress under the
hand and seal of the chairman of the port authority upon the
goods and chattels of the person against whom the award
shall be made, together with the same and like costs as are
chargeable upon the issuing of process out of a magistrate’s
court; and all costs so recovered with the exception


Port authorities
to settle disputes.
42 of 1963, s. 13.

5 of 1987, s. 2.

Recovery of
damages, costs,
etc.

CH.269 – 14] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

of the fees to the peace officer shall be paid into the
Consolidated Fund; and if no goods and chattels can be
found the amount awarded, together with the costs, shall in
case of pilotage fees be levied on the ship in respect of the
services to which such fees are awarded.

16. A port authority shall have the same powers to
compel the attendance of witnesses and parties as are
conferred upon magistrates by the Magistrates Act, or any
Act passed in amendment thereof or substitution therefor,
and is hereby authorised to examine on oath not only the
witnesses but the parties to the dispute whether applicant or
respondent.

17. All summons, warrants and executions and other
process issued by a port authority under the provisions of
this Act shall be served by a peace officer.

18. (1) An appeal from the decision of a port
authority in the exercise of its jurisdiction under section 14
shall lie in the prescribed manner —

(a) in the case of decisions of the Port Authority for
New Providence, to the Supreme Court, with
leave of such court; and

(b) in any other case, to a circuit justice.
(2) The Rules Committee under section 75 of the

Supreme Court Act may make rules of court to provide for
the procedure to be followed in prosecuting appeals under
this section and any forms to be used and the fees to be
levied in connection therewith.

PART IV
PORT CONTROLLER AND HARBOUR MASTERS

19. The duties of the Port Controller shall be —
(a) once at least in every month or oftener if thereto

required by the Minister to go on board of the
several ships at anchor or moored in the Harbour
of Nassau and ascertain by examination whether
the cables of such ships are good and sufficient
and to report the result of such examination to
the Minister;

(b) to notify the owner or master of any ship which
has been sunk in the Harbour of Nassau or


Power to compel
attendance of
witnesses, etc.
Ch. 54.

Service of
summons, etc.

Appeals.
42 of 1963, s. 14.

Ch. 53.

46 of 1964, Sch.

Duties of Port
Controller.
16 of 1976, Third
Sch.

PORT AUTHORITIES [CH.269 – 15


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

which is ashore, or has been permitted to remain
on shore so as to become a nuisance in the
opinion of the Port Authority for New
Providence, of the existence of such nuisance,
and require the same to be removed without
delay, and if such nuisance is not abated or all
necessary means used by the owner to abate the
same, at the cost and charge of such owner, to
abate the same;

(c) to give twenty-four hours’ notice in writing to
the owner of any anchor now or at any time
hereafter lying or left in the Harbour of Nassau
to take up and remove the same (wind and
weather permitting) and if such notice be
disregarded to cause such anchor to be taken up
and removed at the cost and charge of the owner
thereof and on neglect or refusal by the owner to
pay such expense to sell and dispose of the same
by public sale after giving three days’ notice of
the intended sale, and to pay any surplus after
deducting the expenses of such sale to such
owner;

(d) to supervise and enforce the discharge of their
duties by pilots;

(e) when any expenses are incurred in carrying out
the provisions of paragraphs (b) and (c) of this
section and the Minister is satisfied that the
owner of the ship or anchor, cannot be found in
The Bahamas, or that he has no means to pay the
expenses so incurred, such expenses may be
paid out of the Consolidated Fund by warrant in
the usual manner;

(f) where any expenses are paid under the authority
of paragraph (e) of this section the port authority
of the area in which the removal has been
effected may cause the ship or anchors so
removed, or the materials thereof, if the same
has been broken up in the course of removal, to
be sold and the proceeds of such sale shall be
paid into the Consolidated Fund in aid of the
general revenue. Any surplus after deducting
such expenses shall be repaid to the owner of
such ship or boat on the authority of the port
authority;

CH.269 – 16] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(g) generally to carry out the provisions of this Act
and rules and to act in obedience to the orders of
both the Minister and the Port Authority for
New Providence as the case may be.

20. In a port area other than New Providence the
duties of harbour master shall and may lawfully be
performed by the pilot of such area who may be selected
for the purposes by the port authority of such area. A pilot
so selected shall be deemed to be the proper person to be
employed for the removal of any ship required to be
removed from one anchorage to another and shall for such
service be entitled to have and receive from the owner or
master of any ship a fee equal to one moiety of the fee for
the pilotage of any such ship. He shall have the same
remedies against the master, owner or consignee of the
ship for the recovery thereof as are by this Act given for
the recovery of pilotage fees.

PART V
TUGS AND LIGHTERS

21. In this Part —
“lighter” includes barge;
“tug” includes any tug, tender or other similar craft

or any craft which, though not primarily
designed for the purpose of towage or use as a
tug, tender or other similar craft, is used for
such purpose.

22. No person shall use, operate or maintain a tug or
lighter within The Bahamas unless the same be licensed
and a certificate issued to the owner or the person in charge
of such tug or lighter to that effect:

Provided that in any case where, in the opinion of the
Minister, an emergency has arisen, the Minister may in his
entire discretion license and issue a certificate to the person
in charge of such ocean going or other tug or tugs as he
may think fit for the purposes of such emergency.

23. Any licence issued in respect of any tug or
lighter under the provisions of this Part may be general that
is to say for the use for any purpose or restricted to such
purposes as may be specified in the licence and the issue


Harbour master
for an Out Island
port area.

Interpretation.

Licences and
certificates.

Issue of general
or restricted
licences.
42 of 1963, s. 16.

PORT AUTHORITIES [CH.269 – 17


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

and duration thereof shall be in the entire discretion of the
Port Authority for New Providence, subject always to a
right of appeal in the prescribed manner to the Minister
whose decision shall be final.

24. Every certificate issued shall be exhibited in
some conspicuous place in the particular tug or lighter the
subject of the licence.

25. The form of the licence and of the certificate and
the charges which may be made for the use of a tug or
lighter licensed under this Part shall be such as may be
prescribed by the Minister.

26. Whosoever uses, maintains, operates or employs
or assists in the use, maintenance, operation or
employment of any tug or lighter not licensed under the
provisions of this Part shall be liable to a fine of four
hundred dollars and on any subsequent conviction to
imprisonment for one month in addition to such fine.

PART VI
LIGHTS, LIGHTHOUSES AND NAVIGATIONAL

STRUCTURES
27. The provisions of this Part of this Act shall

apply to all lights, lighthouses and navigational structures
in and around The Bahamas other than those the property
of and maintained by the Imperial Lighthouse Service.

28. All lights, lighthouses and navigational
structures to which this Part of this Act applies shall vest in
the Minister who shall be responsible for the maintenance,
upkeep and regulation thereof and for the installation of
any new lights, lighthouses and navigational structures and
the removal of any that are no longer required.

29. Except with the written approval of the Minister
no person or authority shall erect any new light, lighthouse
or navigational structure to which this Part applies or
remove such light, lighthouse or navigational structure or
in any way tamper with the same. Any person or authority
contravening the provisions of this section shall be liable to
a penalty of four thousand dollars.

Certificate to be
exhibited.

Forms and
charges.

Offences.
5 of 1987, s. 2.

Application of
Part VI.

All lights, etc.
vested in
Minister.

Penalty for
erecting,
removing or
tampering with
lights, etc.,
without
approval.
5 of 1987, s. 2.

CH.269 – 18] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

PART VII
PIERAGE AND WHARFAGE

30. In this Part “customs property” means the
property or properties particulars of which are set out in the
First Schedule and the Comptroller of Customs may, from
time to time, by Order add to, amend or delete any
particulars thereto, therein or therefrom as the case may be.

31. The master of consignee of any vessel arriving
or being at any port within The Bahamas who is desirous
of loading or landing cargo, shall have the right of having
his vessel placed at any abutment or wharf within the limits
of any such port, the main public abutment at the City of
Nassau alone excepted, which he may select for either of
the purposes aforesaid, subject to the provisions hereinafter
contained.

32. The master or consignee of any vessel, as
aforesaid, who shall be desirous of having his vessel placed
at any abutment or wharf, as aforesaid, shall given notice
of such his desire to the Port Controller, if at Nassau, or if
at any other port to the senior pilot of such port, whose
duty it shall be, if the abutment or wharf designated is
unoccupied, to place, or cause such vessel to be placed, as
speedily as possible thereat in accordance with the
instructions of the Port Controller or senior pilot as the
case may be.

33. When a vessel is placed at an abutment or wharf
for the purpose of discharging cargo, and the master or
consignee is ready to ship cargo as soon as the inward
cargo is discharged, such vessel shall have the right of
remaining in her original position at such abutment or
wharf until her outward cargo is laden; but no vessel from
which cargo is not actually discharging, or which is not in
actual preparation to receive cargo, shall be allowed to
remain at any abutment or wharf to the exclusion of any
other vessel.

34. (1) In the absence of any express contract for
lesser amounts the several rates of pierage, wharfage,
storage and scaleage, in the Third Schedule set forth, shall
be payable for the use of any pier, abutment, or wharf, or
of any warehouse or other place for the storage of goods


Interpretation.

First Schedule.
7 of 1971, s. 2.

Master’s right to
select wharf.

Port Controller or
senior pilot’s
duty.
16 of 1976, Third
Sch.

Right of vessel to
remain at wharf.

Rates of pierage,
etc., in Schedule
made payable.
Third Schedule.

PORT AUTHORITIES [CH.269 – 19


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

situate at or upon any property, the particulars of which are
set out in the First or Second Schedules, or for the use of
scales or other machines belonging to the Minister for
weighing goods, and any person who shall make a charge
in excess of any such rates, shall be liable to a penalty of
forty dollars in addition to the forfeiture of his right to
recover any rates whatever, which penalty shall be
recovered in any court in which debts of the same amount
may be sued for and recovered:

Provided that the rates of pierage provided by this
Act shall not apply to any pier or berth to which the
provisions of the Harbour Dues Act apply.

(2) The Minister may by Order amend the Third
Schedule.

35. In every case where a vessel shall occupy
portions of two or more abutments, or of an abutment and
extended slip, the rates of pierage by this Act established
shall be payable to the owners of each abutment or
extended slip against any part of which the vessel shall be
lying, in proportions to be regulated by the respective
spaces which may be occupied by such vessel.

36. The rates of pierage by this Act imposed shall,
when the owner of any vessel in respect of which they have
become payable is not resident within The Bahamas, be
recoverable from the master of such vessel, and on neglect
or default of payment by such master the consignee of the
vessel shall be liable therefor.

37. The proprietor or proprietors of any wharf or
abutment used for the landing of merchandise for hire,
shall and he and they are hereby required to keep the same
in good order under a penalty of one hundred dollars for
default or neglect in addition to the liability to make good
any loss or damage that may be sustained by any person or
persons by reason of such default or neglect; such penalty
to be recovered in manner aforesaid.

38. The occupant of any warehouse or store by
whom merchandise or other articles shall be received and
kept for hire, shall be responsible for the safety of
everything deposited therein on which warehouse rent shall
be chargeable, and for all damage to the same arising from
the want of due care on the part of such occupant, except


First and Second
Schedules.

5 of 1987, s. 2.

Ch. 273.

28 of 1989, s. 2.

Vessels which
occupy space at
wharfs how
regulated.

Rates of pierage
recoverable.

Wharfs to be
kept in good
order.
5 of 1987, s. 2.

Occupier of
warehouse
responsible for
safety of goods.

CH.269 – 20] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

however, the loss or damage accruing from fire, storm,
robbery by forcible entry and other causes beyond the
control of such occupant. And the proprietor shall be
responsible for all damage arising from the defective state
of the building.

39. The expense of putting into, and of the delivery
from, any such store, warehouse or cellar of any articles,
shall be borne by the owner of such articles.

40. (1) All rates of pierage and wharfage payable in
respect of the use or occupation of any public abutment,
wharf or extended slip, shall be collected and received
where the abutment, wharf or slip so used is —

(a) in the port area for New Providence, but not
upon Customs property, by the Port Controller;

(b) upon Customs property within the port area for
New Providence by the Comptroller;

(c) in a port area other than that of New Providence,
and not upon Customs property, by the
commissioner or the senior pilot of that area;

(d) in a port area other than that of New Providence
and upon Customs property by the Chief
Customs Officer of the place concerned.

(2) Such rates shall be paid into the Consolidated
Fund, and on neglect of payment of the same may be sued
for and recovered by the collecting officer concerned and
paid into the Consolidated Fund as aforesaid.

40A. (1) There shall be charged, levied, collected
and paid in respect of the financial year commencing 1st
July 2003 and in each succeeding financial year —


(a) upon any of the following categories of jetties

situated on the island of New Providence the
following fee —

(i) private – $2.00 per linear foot;

(ii) commercial – $6.32 per linear foot;

(iii) industrial – 4.00 per linear foot; and

(b) upon any of the following categories of jetties
situated on a Family Island (other than in the
Port Area), the following fee —

(i) private – $1.94 per linear foot;

(ii) commercial – $6.13 per linear foot; and

Expenses.

Collection of
rates of pierage
at public wharfs.

16 of 1976, Third
Sch.

Jetty fee.

8 of 2003.

PORT AUTHORITIES [CH.269 – 21


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

(iii) industrial – $3.88 per linear foot;

(c) upon any of the following groin, mooring,
causeway or pipeline structures situated on the
island of New Providence the following fee —

Groins Moori-
ngs

Cause-
ways

Pipelines

(i) private $100.00 $50.00 $100.00 $3.50 per
ft;

(ii) Comm-
ercial

$160.00 $200.00 $200.00 $3.50 per
ft;

(d) upon any of the following groin, mooring,
causeway or pipeline structures situated on a
Family Island (other than in the Port Area) the
following fee —

Groins Moori-
ngs

Cause-
ways

Pipelines

(i) private $90.00 $30.00 $50.00 $3.00 per
ft;

(ii) Comm-
ercial

$120.00 $150.00 $100.00 $3.00 per
ft;

(2) The fee payable under subsection (1) in
respect of any private, commercial or industrial jetty,
groin, mooring, causeway or pipeline shall be paid by the
proprietor of any jetty, groin, mooring, causeway or
pipeline and shall be collected and received where the
jetty, groin, mooring, causeway or pipeline is —

(a) situated on the island of New Providence, by
the Port Controller; or

(b) situated on a Family Island (other than in the
Port Area), by the Administrator for that Family
Island.

(3) The fee payable under subsection (1) shall be
paid into the Consolidated Fund and, on neglect of
payment of the same may be sued for and recovered by the
Port Controller or the Administrator concerned as the case
may be and paid into the Consolidated Fund.

41. (1) There shall be charged, levied, collected and
paid, in respect of the financial year commencing on the
1st day of July, 1994 and in respect of every succeeding
financial year —

Wharf tax.
10 of 1994, s.
2.

CH.269 – 22] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(a) upon any private pier, wharf or abutment
situated on the Island of New Providence, an
annual tax of one hundred dollars; and

(b) upon any private pier, wharf or abutment
situated on a Family Island (other than in the
Port Area), an annual tax of fifty dollars.

(2) The tax payable under subsection (1) in respect of
any private pier, wharf or abutment shall be paid by the
proprietor of the pier, wharf or abutment and shall be collected
and received where the pier, wharf or abutment is —

(a) situated on the Island of New Providence, by the
Port Controller; or

(b) situated on a Family Island (other than in the
Port Area), by the commissioner for the Family
Island.

(3) The tax payable under subsection (1) shall be
paid into the Consolidated Fund and, on neglect of
payment of the same, may be sued for and recovered by the
Port Controller or the commissioner concerned, as the case
may be, and paid into the Consolidated Fund as aforesaid.

(4) A sum equal to half of the total amount of fees
paid into the Consolidated Fund pursuant to subsection (3)
in respect of the tax collected in any Family Island shall be
paid out of the Consolidated Fund and applied to meet
expenditure for public works in any Family Island.

PART VIII
PILOTS

42. (1) The Minister may appoint by licence such
number of pilots for a port area as the port authority thereof
may recommend subject to the certificates of qualifications
granted by such port authority.

(2) The Governor-General may by Order prescribe
the number of licensed pilots that may be appointed
pursuant to subsection (1).

(3) The Minister may cancel the appointment of any
pilot or suspend him for any limited period for misconduct
or dereliction of duty.

43. (1) No person shall be granted a certificate of
qualification and recommendation for appointment to be
licensed as a pilot unless —

(a) he is upwards of twenty-two years of age; and

Appointment and
cancellation.
E.L.A.O., 1974.
22 of 2001,
s. 2(a) and (b).

22 of 2001,
s. 2(c).

22 of 2001,
s. 2(d)

Qualification for
appointment of a
pilot.

PORT AUTHORITIES [CH.269 – 23


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

(b) he has sufficient knowledge of the channels,
tides, soundings and secure anchorages and the
bearings and distance of the several shoals,
rocks, bars and points of land, banks, shallows
and other dangers of navigation proper to be
observed in connection with the port area for
which he seeks to be appointed; and

(c) he has sufficient knowledge of the rules of the
road for ships and the lights required to be
carried by them and of any regulations relating
thereto; and

(d) he is of good character and temperate habits and
of sufficient skill and ability to act as a pilot; and

(e) he can read, write and readily distinguish
colours and is otherwise mentally and physically
competent to discharge the duties of a pilot; and

(f) he has passed an examination in such form as a
port authority may deem necessary to satisfy it
of his fitness to be granted a certificate of
qualification and recommendation.

(2) The Minister may, if he thinks fit, require a
person wishing to become a pilot to undergo a medical
examination as to his state of fitness and to submit the
findings of such an examination to the Minister. The
Minister may require such examination to be a general
examination or one in regard to particular matters or a
general examination with special reference to particular
matters, the particular matters in each case to be dictated
by the Minister.

44. (1) Every pilot shall on his appointment execute
a bond with one or more good and sufficient surety or
sureties for four hundred dollars, conditioned for the due
performance of the duties of his office and the observance
on his part of the provisions of this Act.

(2) Every bond executed for the purposes of
subsection (1) —

(a) shall be renewed as often as the Minister may
require;

(b) shall be taken by the Minister and recorded by
him in the Registry of Records; and

(c) shall be exempt from stamp duty.
(3) A pilot who has given a bond in conformity with

this section shall not be liable for neglect or want of skill

Bond to be given
by pilot.
42 of 1963, s. 19;
5 of 1987, s. 2.

E.L.A.O., 1974.

CH.269 – 24] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

beyond the penalty of the bond and the amount payable to
him on account of pilotage in respect of the voyage in
which he was engaged when he became so liable.

(4) Where any proceedings are taken against a pilot
for any neglect or want of skill in respect of which his
liability is limited as provided by this section, and other
claims are made or apprehended in respect of the same
neglect or want of skill, the court in which the proceedings
are taken may determine the amount of the pilot’s liability
and upon payment by the pilot of that amount into court,
may distribute that amount rateably among the several
claimants and may stay any proceedings pending in any
other court in relation to the same matter and may proceed
in such manner and subject to such rules as to making
persons interested parties to the proceedings and as to the
exclusion of any claimants who do not come in within a
certain time, and as to requiring security from the pilot and
as to payment of any costs as the court thinks just:

Provided that nothing in this subsection shall be
deemed to infringe the powers conferred on a port
authority by section 14.

45. (1) A licence granted to a pilot shall continue in
force for one year from the date of issue and may be
renewed from year to year or for any less period by
endorsement under the hand of the Minister, unless the port
authority by whom the certificate of qualification and
recommendation for his appointment was originally
granted shall certify after further examination of the pilot,
if they deem it necessary, that he is physically or otherwise
unfit to have his licence renewed.

(2) Notwithstanding the provisions of subsection (1)
of this section the Minister may, in his absolute discretion,
require any pilot at any time to undergo such medical
examination as he may think necessary as to the fitness of
the pilot concerned to carry out his duties as a pilot.

46. A pilot approaching an inward bound ship
between sunrise and sunset shall fly at the masthead the
international pilot flag (the upper horizontal half white and
the lower horizontal half red) at least three feet square.

47. A pilot approaching an inward bound ship after
sunset and before sunrise shall hoist at the masthead a
white light so constructed as to show a clear uniform light
visible all round at a distance of at least a mile.

Duration of a
pilot’s licence.

42 of 1963, s. 20.

Pilot’s flag.

Pilot’s light.

PORT AUTHORITIES [CH.269 – 25


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

48. Every pilot when acting in that capacity shall be
provided with his licence and shall produce the same to
every person by whom he is engaged or to whom he offers
his services as a pilot.

49. (1) Every pilot when required to do so by a port
authority shall produce or deliver up his licence to the
Minister.

(2) On the death of any pilot, the person into whose
hands his licence comes shall without delay transmit it to
the Minister or to the commissioner of the district where
the pilot resided.

50. (1) A pilot shall not absent himself from his
district without the written permission of the port authority
of his port area.

(2) Any breach of the provisions of this section shall
be reported fully by the port authority concerned to the
Minister who may dismiss or suspend the pilot from office.

51. A pilot shall provide himself with a proper boat
to be approved by the port authority of his area and shall
keep such boat in good order, properly manned and
equipped for the discharge of his duties. Such boat shall be
made available for inspection by the port authority or the
Minister at least once in each year.

52. Notwithstanding anything in any Act or other
law, 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.

53. A pilot may have indentured to him not more
than two apprentices who must be duly instructed by him
in every particular connected with his duty. An official
notification shall be made to the Minister of the
commencement of any and each of such indentures. An
apprentice should be examined once every year by the port
authority of the port area in which he is apprenticed
touching his qualifications, and after three years
continuous service as an apprentice shall, being qualified
as required by this Act and having obtained a certificate to
that effect from the said port authority after due
examination in accordance with the provisions of this Act,
be entitled to a preference for appointment as a pilot.

54. Any pilot who —

Pilot to produce
his licence.

Production and
return of licence.

Pilot not to
absent himself
without
permission.
42 of 1963, s. 22.

E.L.A.O., 1974.

Pilot to provide
himself with a
proper boat.

Owner’s or
master’s liability.

Pilot’s
apprentices.

Offences by
pilots.

CH.269 – 26] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(a) after his licence has been cancelled or during the
suspension thereof acts as pilot;

(b) without the permission of the master thereof and
while acting as her pilot, leaves an outward
bound ship before she is at sea or an inward
bound ship before she arrives at her destined
anchorage;

(c) refuses or wilfully delays to go off to or to take
charge of any ship upon the usual signal for a
pilot being made by such ship;

(d) when not actually engaged in his capacity as
pilot refuses or wilfully delays to go to or to take
charge of an outward bound ship;

(e) does not if practicable board a ship in distress
signalling for a pilot;

(f) fails to permit the master of any ship he is
piloting to inspect his licence;

(g) wilfully fails when able to do so to warn a ship
running into danger;

(h) causes a ship of which he is in charge to run
aground or to strike on any rock or to cause
injury to any other ship;

(i) destroys, damages or injures any ship of which
he is in charge or the tackle or furniture thereof
or the goods laden therein;

(j) leads or pilots a ship into danger;
(k) through negligence or carelessness causes a ship

of which he is in charge to run into or against
any buoy or beacon fixed for the purpose of
facilitating piloting;

(l) anchors any ship so that her moorings foul the
moorings of another ship;

(m) wilfully or improperly obstructs the passage of
any ship;

(n) makes any false statement or wilful
representation to obtain the charge of a ship;

(o) lends his licence; or refuses to deliver up the
same to the Minister when required so to do;

(p) acts as a pilot when in a state of intoxication;
(q) keeps, or is interested in keeping by any agent or

servant, any public house or place of public
entertainment or sells or is interested in selling

PORT AUTHORITIES [CH.269 – 27


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

any wine, beer, spirits or other intoxicating
liquors;

(r) is directly or indirectly concerned in any corrupt
practice relating to ships, their tackle, furniture,
cargoes, crews or passengers, or to persons in
distress at sea or by shipwreck, or to their
moneys, goods or chattels;

(s) unnecessarily cuts or slips or causes to be cut or
slipped any cable belonging to any ship;

(t) refuses, when requested by the master, to
conduct a ship of which he is in charge into any
port or place into which he is qualified to
conduct the same except on reasonable ground
of danger to the ship;

(u) neglects to provide himself with a proper boat
and to keep the same properly manned;

(v) demands or receives any higher fees than those
provided by this Act;

(w) directly or indirectly by himself or any servant
or other person employed by him on board of a
ship which he is piloting obtains or endeavours
to obtain from the master or super-cargo of the
ship or from any other person on board of the
ship any preference to be given to himself or to
any other person or persons either in the sale of
or in the agency of the ship, or in any other
matter, business or work connected with or
relating to commerce;

(x) violates by any act of omission or commission
any of the provisions of this Act or the rules,

5 shall be liable to a penalty of one hundred dollars.
55. Any pilot who, when in charge of a ship, by

wilful breach of duty or by neglect of duty, or by reason of
drunkenness, either —

(a) does any act tending to the immediate loss,
destruction or serious damage of the ship, or
tending immediately to endanger the life or limb
of any person on board the ship; or

(b) refuses or omits to do any lawful act proper and
requisite to be done by him for preserving the
ship from loss, destruction or serious damage, or
for preserving any person belonging to or on
board of the ship from danger to life or limb,

5 of 1987, s. 2.

Penalty on pilot
endangering ship,
life or limb.

CH.269 – 28] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

shall be guilty of a misdemeanour.
56. Any master of a ship who shall give to the pilot

having charge of such ship a false account of the draught of
water of such ship shall be liable to a penalty of one
hundred dollars.

PART IX
PILOTAGE AND PILOTAGE FEES

57. Pilotage shall be compulsory in every port area
in which pilots are appointed except in the cases set out in
the Fourth Schedule; and in cases where pilotage is not
compulsory the fees chargeable under this Act shall be
payable where the master of a ship voluntarily accepts the
services of a pilot.

58. In a case of compulsory pilotage the master of
any ship refusing to take on board a pilot offering himself
without the limits of the harbour, or without such other
limits as may be fixed by the port authority concerned,
shall, on his ship coming within such limits, be liable to
pay to the pilot so offering himself and being refused the
pilotage fee which such pilot would be entitled to under
this Act had his services been accepted, provided that there
shall not already be on board such ship some other pilot.

59. A ship proceeding in ballast to an Out Island
from the Port of Nassau for the purpose of loading with salt
or fruit or other product of The Bahamas and returning
with such cargo to the said port for a temporary purpose
before proceeding therewith to some port or place abroad
shall on leaving the Port of Nassau for such Out Island and
returning as aforesaid be liable only to half pilotage fees.

60. If a ship is brought to and anchored by a pilot
outside of the bar of the Harbour of Nassau he shall be
entitled to demand and receive for such service from the
master, owner or consignee thereof one-half of the pilotage
fee to which such vessel would have been liable on being
taken into the said harbour:

Provided that if such pilot is required to remain on
board of such ship after having brought the same to anchor
had the master or person in command of such ship been
desirous that the same should be done such pilot shall in
either case be entitled to and shall be paid by the master,
owner or consignee thereof in addition to the pilotage fee


Penalty for
giving false
draught of a ship.
5 of 1987, s. 2.

Compulsory
pilotage.
Fourth Schedule.

Fee payable
when a pilot’s
services are
refused.

Half pilotage
payable by
certain ships.

Pilotage payable
by a ship
anchored outside
the bar of the
Harbour of
Nassau, etc.

5 of 1987, Sch.

PORT AUTHORITIES [CH.269 – 29


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

above mentioned one dollar per hour for every hour he
shall be so detained and shall remain on board. This
proviso shall not apply when a ship has to wait for the tide
in order to enter the said harbour or one of the anchorages
thereof.

61. (1) Whenever an outward bound ship shall be
obliged to anchor before she goes to sea or an inward
bound ship before arriving at her destined anchorage, and
if such ship is thereby detained for more than twenty-four
hours, the pilot shall be entitled to the sum of one dollar
per hour for every day or part of a day during such
detention.

(2) If a pilot be recalled to any ship he shall be
entitled to a fee of one dollar per hour for every day or part
of a day that he shall be on board such ship.

62. A pilot who shall at the request of the master,
owner, consignee or agent of an outward bound ship attend
for the purpose of piloting such ship to sea shall, if the ship
does not proceed to sea within three hours after the
appointed time for sailing, be entitled to receive the sum of
one dollar per hour for every day or part of a day such pilot
shall remain in attendance on such ship until she is under
way.

63. A pilot who shall be carried to sea in any ship
against his will shall while on board such ship be supplied
by the master at the ship’s expense with suitable provisions
and accommodation and shall be entitled to receive from
the master or owner of such ship in addition to the pilotage
fees due to him wages at the rate of ten dollars a day during
his enforced absence from The Bahamas, and also the
reasonable expenses of his return to The Bahamas by the
quickest route from the place at which he shall be landed
from such ship.

64. A pilot taking charge of any ship for the purpose
of bringing her into any harbour or anchorage shall convey
such ship to any distance within the limits thereof which
may be practicable, and if such pilot shall from any cause
save and except the orders of the master of such ship be
obliged to bring such ship to an anchor without such limits
he shall, if required by the master, as soon as practicable
and without any additional fee convey such ship within
such limits.

Pilot’s dues in
case of detention.

5 of 1987, Sch.

5 of 1987, Sch.

Pilot’s dues in
case of delay.

5 of 1987, Sch.

Pilot’s dues if
taken out of his
locality.

5 of 1987, Sch.

Pilot to convey a
ship within the
limits of a
harbour.

CH.269 – 30] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

65. A pilot conducting a ship into any harbour or
anchorage shall, provided he offers his services to the
master of such vessel whenever the same shall be ready to
leave the said port or anchorage, be privileged to conduct
such ship out of such harbour or anchorage, and in case
any other pilot shall have gone on board such ship for the
purpose of taking her out of such harbour or anchorage he
shall give place to the privileged pilot or pay to the
privileged pilot the pilotage fee allowed under this Act.

66. The master or agent shall not discharge the pilot
who shall have taken charge of a ship and accept the
services of another pilot without the consent of the pilot
first in charge, except in case of emergency, and in the
event of a second pilot being employed the pilotage fees
shall be divided.

67. Whenever a ship having in tow a disabled ship
shall be boarded and taken charge of by a pilot to be
conducted into any harbour and anchorage such pilot shall
be responsible for the direction of the disabled ship and
shall be entitled to full pilotage on both of such ships.

68. Where a ship towing a disabled ship is exempt
from pilotage then and in such case the disabled ship so
being towed being subject to pilotage shall be liable to full
pilotage.

69. The pilotage fees authorised by this Act shall be
payable by the master or owner of the vessel piloted and in
default of payment by such master or owner shall be
payable by the consignee of such vessel.

70. The master or owner of any ship having no pilot
on board which shall follow out of or into any harbour or
anchorage place any other ship having a pilot on board
shall pay the pilot on board such leading ship one-half of
the pilotage fee allowed by this Act.

71. In a case of compulsory pilotage, the master, owner or
consignee of a ship leaving any harbour or anchorage without a
pilot shall pay to the port authority for the port area, double the
pilotage fee allowed by this Act, and in default of payment or in
case of disputed liability the matter shall, subject to the limitation
contained in section 14, be heard and determined by the


Pilot bringing a
ship into port
privileged to
conduct the same
out.

Pilot may not be
discharged
without his
consent.

Pilot responsible
for the direction
of a ship being
towed.

Pilotage payable
by a ship being
towed, the tow
boat being
exempt.

Liability of
master, etc., to
pay pilotage.

Pilotage payable
by a ship
following a ship
without a pilot.

Fee payable on
leaving a harbour
without a pilot.

PORT AUTHORITIES [CH.269 – 31


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

port authority for the port area and the amount recovered
under its authority in like manner as in other cases in which
a port authority is authorised to adjudicate.

72. (1) The fees of pilotage chargeable by pilots for
services rendered or duties performed in the port area of
New Providence shall be those set forth in the Fifth
Schedule.

(2) The Minister may by Order amend the Fifth
Schedule.

PART X
GENERAL OFFENCES

73. Any person who —
(a) for the purpose of making himself appear to be a

pilot uses a licence which he is not entitled to
use;

(b) assumes or continues in charge of a ship after a
pilot has offered to take charge of the ship,

shall be guilty of a misdemeanour.
74. Any owner or master of any ship which has

become a nuisance within the meaning of paragraph (b) of
section 19 who fails to abate such nuisance after notice so
to do shall be liable to a penalty of one hundred dollars.

75. Any person into whose hands a pilot’s licence
shall come on the death of the pilot in such licence named
who, after due notification, refuses or neglects or delays to
transmit the licence to the Minister or to the commissioner
of the district where the pilot resided shall be liable to a
penalty of forty dollars.

PART XI
MISCELLANEOUS PROVISIONS

76. (1) Subject to the provisions of this Act, it shall
be lawful for the Minister to make rules in respect of all or
any of the following matters —

(a) for the government of pilots and harbour masters
in the discharge of their respective duties;

42 of 1963, s. 24.

Pilotage fees.

Fifth Schedule.

28 of 1989, s. 3.

Penalty for
fraudulent use of
licence, etc.

Penalty for
neglecting to
abate nuisance.
5 of 1987, s. 2.

Penalty for not
forwarding a
dead pilot’s
licence.
5 of 1987 s. 2.

Rules.
42 of 1963, s. 26.

CH.269 – 32] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(b) for the government of masters of ships, seamen
and other persons employed in, or making use
of, any harbour or anchorage;

(c) for the good government and control of the
harbours and anchorages;

(d) to prohibit the throwing into any harbour any
anchor, except such as may be necessary to
anchor any ship, or any ballast or any other
foreign substance of what material or kind
soever;

(e) the disposal of ballast taken out of any ship;
(f) to compel the removal of any foreign substance

which, whether from decay or other cause, has
been allowed to fall into any harbour from any
adjacent wharf, abutment or pier;

(g) to provide for the matters referred to in section
25;

(h) the books and forms from time to time to be
used under this Act and the rules;

(i) the duties to be performed by a pilot under any
Act relating to quarantine;

(j) the examination of persons desiring to be
appointed as pilots;

(k) the conduct of judicial proceedings which may
take place before a port authority under this Act;

(l) all matters to be prescribed under the provisions
of this Act and generally all other matters as to
which it may be expedient to make rules for
carrying into full effect the objects of this Act.

(2) Rules made under subsection (1) shall apply
throughout The Bahamas or to such local areas as may be
prescribed therein.

(3) It shall be lawful for the Minister, if he sees fit,
upon the application of any authority owning or in lawful
occupation of a harbour referred to in subsection (2) of
section 1 of this Act, to make any rules for the good
government and control of such harbour and its anchorages
and of the masters of any vessels using such harbour or
anchorages and of any seamen or other persons employed
in or making use thereof.

(4) Any person who contravenes any rule made
under paragraphs (a) to (f) of subsection (1) or under
subsection (3) of this section shall be liable to a fine of four
hundred dollars.

5 of 1987, Sch.

PORT AUTHORITIES [CH.269 – 33


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

77. All penalties imposed by this Act shall be
recovered in a summary manner before a stipendiary and
circuit magistrate or the commissioner having jurisdiction
in the place where the offence is committed in the manner
prescribed by law in this behalf.

78. The Minister shall lay upon the table of each House
of Parliament before the end of April, or as soon as practicable
thereafter, in every year the report dealing with —

(a) the operation of and measures taken by the
Department; and

(b) the financial expenditure and receipts of the
Department for the previous year.

FIRST SCHEDULE (Section 30)

CUSTOMS PROPERTY
1. Prince George’s Wharf and all transit sheds used for the

receiving of all Foreign Cargoes.
2. Arawak Cay Warehouse — the ground floor of a two-

storey building situated on the eastern side of Arawak Cay, the
upper floor of which is occupied by a Customs House and the
Government Training Centre, the property of the Government of
the Bahama Islands.

SECOND SCHEDULE (Section 34)

PORT DEPARTMENT PROPERTY
(a) Prince George’s Wharf and Bridge.
(b) The Public Abutment from East Street Slip to the Western

Boundary of Rawson Square.
(c) The Public Wharf known as Clifton Pier.
(d) The abutment at Malcolm’s Park but not including any

portion of the Park itself.
(e) All public wharves or abutments at which vessels may lie

afloat but not including the Market Range.

Recovery of
penalties.

Reports.
42 of 1963, s.
27;
E.L.A.O., 1974;
16 of 1976,
Third Schedule.

7 of 1971, s. 3.

18 of 1972, s. 2.

CH.269 – 34] PORT AUTHORITIES





STATUTE LAW OF THE BAHAMAS LRO 1/2006

THIRD SCHEDULE (Section 34)
RATES

No. 1. Rates of Pierage Per Day
Seven cents for each and every foot of the registered length

of all vessels whether a full berth is available or not:
Provided that the minimum charge for each and every

twenty-four hours or part thereof shall be seventy five cents.
28 of 1989, s. 4.

No. 2. Rates of Storage per Week or Part of a Week

1. PACKED GOODS — per week or part of a week
(a) Beer, Wine and Spirits in cases- 30 cents per case
(b) All other goods —

(i) measuring under 10 cu. ft. — $1.50 per package


(ii) measuring 10 cu. ft. or over
but under 100 cu. ft. —

30 cents per cu. ft.
or part thereof


(iii) measuring 100 cu. ft. or over — 25 cents per cu. ft.
or part thereof



2. UNPACKED GOODS — per week or part of a week
(a) Motor Vehicles — $30.00 each
(b) Lumber — $6.50 per 1,000 ft. or part thereof
(c) Cement — $6.50 per ton or part thereof
(d) All other goods — $12.00 per ton or part thereof.

5 of 1987, Sch.

No. 3. Rates of Wharfage per Week
Equal to one week’s storage on similar packages.

5 of 1987, Sch.

No. 4. Rates of Scaleage

1. On every package weighing less than 1 cwt........................ 0.01
2. On every package over 1 and not exceeding 5 cwt............. 0.01
3. On every package over 5 and not exceeding 10 cwt........... 0.02
4. On every package over 10 and not exceeding 15 cwt ........ 0.03
5. On every package over 15 and not exceeding 20 cwt ........ 0.04
6. On every ton of wood............................................................. 0.04
7. On every ton of metal............................................................. 0.04

5 of 1987, Sch.

Pierage rates.

28 of 1989, s. 4.

7 of 1971, s. 4.

5 of 1987, Sch.

Wharfage rates.

5 of 1987, Sch.
Scaleage.

PORT AUTHORITIES [CH.269 – 35


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

FOURTH SCHEDULE (Section 57)

NON-COMPULSORY PILOTAGE
(a) Ships under thirty gross tons registered measurement;
(b) Ships in the employment of the Board of Trade, which are

ordinarily employed in the Lighthouse Service of The
Bahamas;

(c) Ships arriving at a port for the purpose of receiving orders
or communicating with abroad, unless the master of such
ship intends to enter the harbour or anchorage;

(d) Ships touching at any port of The Bahamas merely for the
purpose of procuring seamen, labourers or provisions, and
not otherwise trading thereto, and not landing cargo at such
port;

(e) Ships of War and coasters.

5 of 1987, Sch.FIFTH SCHEDULE (Section 72)

PILOTAGE FEES

1. Regular Pilotage.
For every ship drawing —

$
Less than ten feet ............................................. 30.00
Exceeding ten but not exceeding fourteen feet,

per foot......................................................... 4.00
Exceeding fourteen feet but not exceeding

twenty feet, per foot..................................... 4.50
Exceeding twenty feet, per foot....................... 5.00

2. For every ship anchoring outside the bar one-half of the
above fees and five dollars for every hour a pilot may be
detained on board unless he has to wait for tide, in addition to
the fees.

3. For every ship at Cochran’s Anchorage and South West
Anchorage, one-half in addition to the above fees.


5 of 1987, Sch.

Related Laws

1998 Juries Act