226 Maritime Affairs And) Port Authorities

• Author: Ralph Hone
• Pages: #5

CHAPTER 226.

MARITIME AFFAIRS AND PORT AUTHORITIES.

ARRANGEMENT OF SECTIONS.

PART I.

PRELIMINARY.

SECTION.

1. SHORT TITLE AND APPLICATION.

2. INTERPRETATION.

   PART II.

   APPOINTMENT AND POWERS OF MINISTER.

3. APPOINTMENT OF MINISTER.

4. STAFF OF THE MINISTER.

5. TRANSFER OF PROPERTY.

6. APPOINTMENT OF BOARD.

7. GENERAL POWERS.

8. THE USE OF DREDGERS, TUGS, ETC.

9. CoNTRACTs.

10. MINISTER MAY ISSUE CERTIFICATES AND HOLD EXAMINATIONS, ETC.

    PART III.

    PORT AUTHORITIES AND PORT AREAS.

11. DECLARATIONS AND APPOINTMENT BY THE GOVERNOR.

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.

    PART IV.

    PORT DIRECTOR AND HARBOUR MASTERS.

19. DUTIES OF PORT DIRECTOR.

20. HARiBOuR 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 EXHIBmr.

25. FORMS AND CHARGES.

26. OFFENCES.

    PART VI.

    LIGHTS, LIGHTHOUSES AND NAVIGATIONAL STRUCTURES.

    SECTION.

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 DIRECTOR OR SENIOR PILOT's DUTY.

33. RIGHT OF VESSEL TO REMAIN Air 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.

    PART VIII.

    PILOTS.

41. APPOINTMENT AND CANCELLATION.

42. QUALIFICATION FOR APPOINTMENT OF A PILOT.

43. BOND TO BE GIVEN BY PILOT.

44. DURATION OF A PILOT'S LICENCE.

45. PILOT'S FLAG.

46. PILOT'S LIGHT.

47. PILOT TO PRODUCE HIS LICENCE.

48. PRODUCTION AND RETURN OF LICENCE.

49. PILOT NOT TO ABSENT HIMSELF WITHOUT PERMISSION.

50. PILOT TO PROVIDE HIMSELF WITH A PROPER BOAT.

51. OWNER'S OR MASTER'S LIABILITY.

52. PaoT's APPRENTICES.

53. OFFENCES BY PILOTS.

54. PENALTY ON PILOT ENDANGERING SHIP, LIFE OR LIMB.

55. PENALTY FOR GIVING FALSE DRAUGHT OF A SHIP.

    PART IX.

    PILOTAGE AND PILOTAGE FEES.

56. COMPULSORY PILOTAGE.

57. FEE PAYABLE WHEN A PILOT'S SERVICES ARE REFUSED.

58. HALF PILOTAGE PAYABLE BY CERTAIN SHIPS.

59. PILOTAGE PAYABLE BY A SHIP ANCHORED OUTSIDE THE BAR OF THE HARBOUR OF NASSAU, ETC.

60. PILOT'S DUES IN CASE OF DETENTION.

61. PILOT's DoEs IN CASE OF DELAY.

62. PILOT'S DOEs IF TAKEN OUT OF HIS LOCALITY.

63. PILOT TO CONVEY A SHIP wilHIN THE LIMITS OF A HARBOUR.

64. PILOT BRINGING A SHIP INTO PORT PRIVILEGED TO CONDUCT THE SAME OUT.

65. PILOT MAY NOT BE DISCHARGED WITHOUT HIS CONSENT.

66. PILOT RESPONSIBLE FOR THE DIRECTION OF A SHIP BEING TOWED.

    SECTION.

67. PILOTAGE PAYABLE BY A SHIP BEING TOWED, THE Tow BOAT BEING EXEMPT.

68. LIABILITY OF MASTER, ETC., TO PAY PILOTAGE.

69. PILOTAGE PAYABLE BY A SHIP FOLLOWING A SHIP WITHOUT A PILOT.

70. FEE PAYABLE ON LEAVING A HARBOUR WITHOUT A PILOT.

71. PILOTAGE FEES.

    PART X.

    GENERAL OFFENCES.

72. PENALTY FOR FRAUDULENT USE OF LICENCE, ETC.

73. PENALTY FOR NEGLECTING TO ABATE NUISANCE.

74. PENALTY FOR NOT FORWARDING A DEAD PILOT'S LICENCE.

    PART XI.

    MISCELLANEOUS PROVISIONS.

75. AUTHORITY TO MINISTER TO MARK OFF CERTAIN AREAS OF THE SEA.

76. PROHIBITS WATER SKIING IN CERTAIN AREAS.

77. RULES.

78. RECOVERY OF PENALTIES.

79. REPORTS.

    SCHEDULES.

    FIRST SCHEDULE-CUSTOMS PROPERTY.

    SECOND SCHEDULE-PORT DEPARTMENT PROPERTY.

    THIRD SCHEDULE-RATES OF PIERAGE, STORAGE, WHARFAGE AND SCALEAGE.

    FOURTH SCHEDUiE-NON-COMPULSORY PILOTAGE.

    FIFTH SCHEDULE-PILOTAGE FEES.

    SIXTH SCHEDULE-PLACES WHERE WATER SKIING MAY BE PROHIBITED.

    CHAPTER 226.

    MARITIME AFFAIRS AND PORT AUTHORITIES.

    AN ACTr TO PROVIDE FOR THE DIRECTioN AND CONTROL OF THE MARITIME AFFAIRS OF THE COLONY AND FOR THE CONSTITUTION AND APPOINTMENT OF PORT AUTHORITIES FOR NEW PROVIDENCE AND THE OUT ISLANDS WHEREBY THE VARIOUS PORTS AND HA~ioums OF THE COLONY AND THE PILOTS AND PILOTAGE THEREOF AND TH~EREIN MAY BE BETrER REGULATED AND CONTROLLED.

    [23rd May 1962.1

    PART I.

    PRELIMINARY.

1. -Gl) This Act may be cited as The Maritime Affairs and Port Authorities Act.

   (2) Save in so far as rules made under section 77 (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'4coaster' means a ship entering or clearing under a transire;

   'Department' means the Port Department of the Colony;

   'Harbour of Nassau' means that part of the sea bounded(a) on the West by a line drawn from the 14 of 1962.

   42 of 1963.

   37 of 1957.

   46 of 1964.

   Short title and application.

   42 of 1963, s. 4.

   Ch. 235.

   Ch. 234.

   Interpretation.

   42 of 1963,s. 5.

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

   (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 charged with the responsibility 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 Director' means the Port Director appointed under the provisions of this Act;

   '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;

   'the Board' means the Maritime Board appointed under this Act;

   'vessel' means any boat or lighter, and craft of every kind, and whether navigated by steam or otherwise.

   PART II.

   APPOINTMENT AND POWERS OF MINISTER.

3. -(1) In the exercise of the powers conferred upon him by the Constitution, the Governor may appoint a Minister who shall be charged with the responsibility for all the Maritime Affairs of the Colony and for the control and direction of all port authorities and the Port Department.

   (2) Such Minister shall have such style and title as may from time to time be assigned to him by the Governor.

4. There shall be on the staff of the Minister a Port Director who shall be the technical adviser and chief executive officer of the Minister and such other officers as may from time to time be authorised by the Legislature.

5. -(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 Bahama Islands 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 vwhich 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 Bahama Islands for public purposes.

6. -(1) The Governor may appoint annually a Board to be called The Maritime Board which shall consist of such number of members, not being less than five, as the Governor may from time to time decide..

   Appoiitment of Minister.

   42 of 1963, s. 6.

   Staff of the Minister.

   42 of 1963, s. 6.

   Transfer of property.

   42 of 1963, s. 6.

   Appointment of Board.

   42 of 1963, sY. 6 (1).

   The members of the Board shall be appointed by the Governor by notice in the Gazette; they shall hold office at the Governor's pleasure and subject to this shall hold office for one year save that where a person is appointed during a year to fill a casual vacancy, he shall hold office until the end of that year:

   Provided that no person shall be qualified to be appointed or to hold office as a member of the Board if(a) he is a Minister;

   (b) he is a member of the public service; or (c) he is a person who is under agreement with the Minister to provide mail or freight service in the Colony.

   (2) In the exercise of his powers and duties in relation to the maritime affairs of the Colony, the Minister may consult with the Board from time to time as he shall think fit, but he shall not be bound to act upon the advice of the Board in any matter. Subject to this, the relationship between the Minister and the Board and the manner in which the business of the Board shall be conducted may be regulated from time to time by the...