I . Sllort title. ?. Interprctati1111.

l';\ R.1' 11

I:st;ll,lisli~~~cnt ~,L'I'orts ancl hlarinc Services I)cpartment ;lntI I'orts ; I I I ~ \1;1ri11e Ser \ ices I%II:II.II

3. l ~ s t i ~ l ~ l i s l ~ ~ ~ i e ~ ~ t ~f I1orts :111il X ~ : I I - ~ I I ~ Services I~e~1;1rt111c!lt :11ld \ I ; ~ r i l ~ c S ~ , r \ i c e s 1%11:1rd.

4. [ . ' ~ ~ ~ ~ h l i l t ~ t i o ~ ~ of l%oi~r(l. 5 . I I I I ~ I I ~ I - ~ ~ S . 6, \ \ ' i l~less ~ Y ~ J ~ I I S L ' S .

7 . I<cl ' t~s~l to appcnr i l l anslyer to ~ I I I I I I I I I I I ~ S .

X. I r ~ c r i r ~ i i ~ i : ~ l i ~ ~ g (111estiorls. 9. IF:ll\e e \ i ~ l e ~ ~ c i ~ to l ~ e l~c~., ik~ry.

l \ s e s s ~ s I i l l q~~i r i c \ . l l , l)e1~~~:1tii111 01' 1)11\1t~rb to I I O I C I i111111ir'y. 12. 111qilir) 11ii1) lie 1)1111lic. 13. 111i111ullily f11r l i :~IJ i l i t ! .

1-1. 14iirI~<1i1rs. 15. I)irectl~r 01' 1'11rt i111d \l i tr i~le Ser\ices. 10. Yessvls c11tcri112 I I : I ~ I I I I L I ~ t11111cr ge~icr:~l directi1111 of' 1)ircctor 17. I < ~ I I I o ~ : I ~ of Sorei~11 \e!,\~,ls S ~ I I I I I te~-ritoriiiI \ \ :~lcrs . IS. 13t111>s etc. 10, I<cli1<1\ ill i i ~ > < I ilis))oy.>l t ~ f rccks ctc. 2 0 . \ \ ' i l f ~ ~ l si11ki11x :III(I ~ I I I ~ I I ~ I ~ I I ~ I I ~ etc. I I ~ \ehsp1 i l l I I : I ~ ~ I O I I I - . 21. 1 1 1 r i i 1 i I l v i 1 1 1 t ~)er~llihsioll. 22. Ol~slruct i~lr l 01' tcrrilori:~l \r:ltcrs etc. 23. Seltillu \esscl :i(l~-ift.

24. Co~npulsory pilotage ancl l iccnsi~~g of pil i~t\ . 25. I'roduction of pilot's licence. 26 . Delivery up of p i l ~ ~ t ' s licellce. 27. Pilot licence 1101 transferable. 28 . Fradulent use of licence. 29. Recovery of pilotage fees. 30. Indemnity of consignee o r agents for fees clailnetl. 31. Offences ill r c l a t i o ~ ~ 111 pilots. 3 I'ilotagc certificates to nlaster and mates. 33. Cancellation of pilotage certificate. 3.1. I.ial~ility of ~ l ~ ; ~ s t c r vessel. 35. I.iability i l l case of grallt o r reneu;ll of pilot liceitce o r pilo1;l:c

ccrtilic:~te. 36. I'ilot to Iho ser\':1111 of olvner or !I1;1ster. 37. S a \ i ~ l t i n l : in compulhor) pilot;~ge I~ ;~r l )our \ \ i t h l ~ i ~ t l ~ i l 1 1 1 . 38. I ~ ~ q u i r i c s I)! I%o:lrtl i111cr c1111ll11ct of pilillh. 30. S I I ~ ~ ) ~ I I S ~ I I I I of l~ilot licc~ice p i ~ ~ l i l i ~ ~ g i ~ l q t ~ i r y .

49. Co~~htruct ion etc. :111il Iice~~\i!~!! 11f ~ \ I ~ : l r \ e s . Ill. I I I I ~ ~ I I I I S I I l r o v i i ~ ~ ~ s I I \ l. 5 1. E \ i s t i~~ i : hat! es. 52. ( ' r o ~ t 11 ~-i:l>th. 53. ~':111ccl1;1tio11 of l i c e ~ ~ c ~ s , 4 . : c I I I ~ ~ ~ ; I ~ ~ I I I I I i l r I I t c . licelice.

Ferries

55. Ferry Licences. 56 . Ferry Licence to be displayed. 57. Existing ferries. 58. Suspension of Ferry Licence. 59. Ferries to be licenced in accordance with inland water

regulations. 60. Offences in relation to Part VII.

PART V111

Port Dues and Charges

61, Port dues. 62. Exemptions from port dues. 63. Ship's dues. 64. i\liscellaneous charges 65 . Persons liable for dues and ciiarges. 6 lCt,;~siorl ut' drres a r ~ d chzrges. 67. lnfor~nation to he supplied on arrival of vessel. S . Irifi~rrll;~tion to be supplied on departure of vessel. 69. 'fime for payment of dues and charges. 70. I'o\rer to i~oard vessels. 71. (;uarantee of payment of dues and charges. 72. 1;ailure to pay dues and charges. 73. I'orver or lloard to sue for dues and charges. 74. I'ower to \vithhold clearance.

[';\KT IX

Respo~~sibility of Board as \\'arehouse~nan

7 6 . Sunis 01-dered to be paid le~iahle by distress on vessel. 77. Obstruction etc. of staff. 78. hlaintainancc of order on public \ r l lar~es. 79. .Jurisdiction. 30. Izalse returns. 81. :iurtIication of penalties. . . 82. Compounding offences. 33. Territorial waters of the J'irgin Islands free to foreign vessels. X-\. Boats and vessels of \'irrirl Islands free to navigate.

86. CO Jet of interest. 57. Regulatiorrs. 88. Annual Report. 89. .Approval of certain Regulations. 90. Transistional arovisions. 91. Enactments affected. 92. Repeal of Cap. 122 and Ordinance No. 20 of 1971. 93. Commencement. FIRST SCHEDULE SECOSD SCHEDULE THIRD SCHEDULE

85, All ~ e s i e l s to enter a dehiu,ndted harbour.

148

No. 19 o f 1985 Ports and M a r i n e Serv i cesW V i r g i n Ordinance, 1985 Islands

I Assent

D. K. B A R W I C K , Governor, 31st December, 1985

V I R G I N I S L A N D S

No. 19 o f 1985

: i n O r d i n ; ~ ~ ~ c e to repeal the Harbours and 'i\'harves Ordinance, and 111:: Pal-t Dues and Charges Ordinance, 1972, and make fresh provision for the administrat ion o f ports and mar ine services and

provide for related 11i:ltters.

: l ' I l the 1,egislature o f t l ie V i rg in 1sI:i11ds as l '~~llo\vs:

r l I~IIL.. I. .l‘liis O r d i ~ ~ a n c e may 11e cited as the I'orts ant1 Slarine Service5 Ordinance. 1985.

\ ) ~ L , I ~ I I ~ ~ , I > 2. I;or t l le purposes o f this Ord i~ innce,

" l toard" mealis the I'orts slid 3lari11c Services I l oa rd cstal~l ished under section 3:

"boo!" means ;In! ~ i i on rc t l float ancl i~ ic ludcs a11y 1 1 t i 1 1 t r I s i n used as 311 aitl ~ I I

navix;rtion. other than a l ight l~ouse:

. S carco" includes al l h inds of rno\ahle propert! other than animals:

"Chairman" mean, the Chai rman of the f loard:

" c l l : ~ r ~ e s " means ;in! charges o r r;ltes levied I)! the 13oard under this Ordinance:

"Dnpartmellt" Inearls the I'orts 2nd \1ari11e Ser- vices Departmelit est:lblishetl under scctioii 3:

" l> i rector" 111eans the f) i~-ectnr o f the I'orts and

]>idrine Services Department appointed under section 15 and includes any person acting under his general o r specific direction;

"dues" nieans dues o f every description payable under this Ordinance;

"ferry" means any vessel p ly ing f r o m one side of a waterway to t l ie other o r between places o n the same o r different islands o r terri tories for the purpose o f car ry ing passengers o r goods;

"foreign vessel" means a vessel not registered i n the V i rg in Islands o r the Uni ted K ingdom:

"goods" means al l k ind o f movable proper ty i l ~ c l u d i n g animals;

"harbour" means al l the ter r i to r ia l water o f the V i r g i n l s l a ~ l d s and a harbour o r pq't appointed o r declared to be a harbour o r po r t in accortlance w i t h this Ordinance together w i t h

(a) i ts approaches and channels of ingress and egress and the fore- shore thercok and

(I)) a l l the \vharvus. Jetties, slips. clocks ant1 l)reak\\:iters :11ld the machinery, plant, tonls o r other p roper t y apper ta in ing t l lereta and used for the purposes of the operation o f the l iarhour:

"i111a11d water craft" means ally vessel that carries for h i re o r otherwise goods o r persons het\veen \rharves o r places i n the ter r i to r ia l waters o f the V i rg in Islands;

"lighthouse" includes a l ight ship:

"nlaster" includes every persorl having o r taking charge o r command of a \essel;

" \ l i r i is ter" except ill section 18 and i n Par t \l. Ineans the Alinister for the t ime heill: charged w i th responsibility FIJI' the adnlinistration o f ports and harbours and marine 11-ansport:

(a) goods, includes any consign consignee, shipper or agent o f t 9 ie owner for the sale, custody, load- ing, handling, unloading o r deli- very of the goods;

(b) a vessel, sea-plane and other water-borne craft, includes any part-owner, charterer, master, operator, consignee or mortgagee in possession thereof or any duly authorised agent of such persons;

"passenger" means a person other than a stow- away being carried on a ship who is not a member of the crew of that ship;

"pilotage certificate" means a pilotage certificate issued under section 32(2);

"pleasure yacht" includes any ship, launch, houseboat, randan, ferry, skiff, dinghy, shallop, punt or canoe, however navigated, not being used for the carriage of passengers or goods or for hire o r reward;

"port" includes a harbour;

"qu:ilificd pilot" nleans a qoalified person duly ;~ppointed or licensed hy the Board and not helonging to a ship but has conduct therefor;

"sea-plane" ir~cludes a flying boat and any other aircraft designed to nianoeutre on the nater:

"ship" includes every description of vessel used in navigation not exclusively powered by oars atid includes sea-planes and similar craft;

"vessel" includes every description or craft other than a sea-plane on the water used or capable of heing used as a means of transportation on t h r o u ~ h or under water and "po\rer-drive11 ves- sel" means any vessel propelled by machinery:

"territorial waters of the Virgin Islands" means the territorial sea 2nd internal waters of the British Virgin Islands, including all the bays, coves, inlets, sounds. cliannels. passages, marinas. ports and harbour-S directly ur indiiectly opening

djacent thereto, whether natural or artificial, the limits of the British Virgin Islands;

"warehouse" includes any building, place, wagon, compartment, container, ship or vehicle when used for the purpose of warehousing, de- positing o r storage of goods;

"wharf" means a wharf, jetty, pier, mooring o r quay of whatever description and includes any wharf, jetty, pier, mooring or quay erected or extending beyond the high water mark of Ordin- ary Spring Tides (OST) or extending into waters of any navigable channel and also includes any portion o r extension moored in such waters and used as a wharf, jetty, pier, mooring o r quay.

Establishment of I'orts and blarine Services 1)epartrnent and I'orts and hlarine Se r~ i ce s Uoard

3. ( I ) For the purposes of this Ordinance, there is estal~lislied a department to he knorvn as the I'orts and Xlarine Services Departme~it, in this Ordinance referred to as the Department. which shall be a department of the I'uhlic Services of the l'erritory.

(2) For the efficient operalion of the Department there is cstal~lished a Uoard to be kno\r-11 as the Ports and Alari~ic Scl-vices 15oard.

(3) The futictions of the Board are

( a ) to advise the hlinister nith respect to anairs relating to ports and maritime matters in the Territory; and

(h) to perform such other functions as are conferred on i t h!. this Ordinance.

A . 'rhe First Schedule has effect in relation to the constitution of the Board and other\\.ise in relation thereto.

5. (1) In the perforniing of its fnnctions under this Ordinance the Board may conduct such inquiries into incidei~ts connected with maritime matters \vheneser i t is satisfied tliat there is i need to d o so.

(2) Where the Board decides to condu-n inqu i r y in pursuance o f subsection ( I ) i t may, if necessary,

(a) i n w r i t i n g authorise any o f i ts members o r any other person to board any vessel and inspect the vessel, any p a r t o f i t o r any machinery, boats, equipment o r articles o n board it , w i thout un- necessarily detaining the vessel f r o m proceeding on i ts voyage;

(I)) i n ~ v r i t i ~ i g authorise any o f i ts members o r any o t l ~ e r person to enter ancl inspect any premises it' i t apl)ews to t l ie l h a r d , o r to the person a t~ l l io r ised, t o b e necessary f o r the purposes o f t h e inqu i ry ;

( c ) by sulnnions issued untler t l ~ e I lant l of t i le Cha i r - JII;III r e q i ~ i r e the ;I~!L*JI(~;IIICL~ II~;IJI! per.son ;>! ;I ti111t~ anrl ~) l i i cc specifictl i n tlie su~nmons to 1)c e s : ~ ~ ~ l i n c t l for the purpose of t l ie in(11iiry;

((l) st~l),ject t o \ccl ion X. require a perso11 suit1111o11etl u ~ l r l i * r 1 r l 1 1 1 ( c l 11, allsbvrr sllcll 1111eslio11s. 1 1 r ~ ~ l u r c s i ~ c h d o c ~ ~ ~ n e n t s , give such i n f o r n ~ a t i ~ ~ n o r 111;tke YIICII returns ;IS i t c ~ ~ ~ i s i d c r s tlecess;lry:

ill n r i t i ~ i ~ a~ i t l lo r isc al ly o f i ts n1c11111ers 111. all! 11111er pm01 10 require 2nd c l ~ f ~ ~ r c r the proc111ctio11 o f ill1 l?ooks. i):ipers o r (loe11111e11ts that t11c l<o;lr<l or t i le person autl iorised considers impor tant for the I I L I ~ ~ I " ~ o f the inqoir!: and

l I r t i a i ~ t l l r i s e I o f its ~nel l l l )ers o r an! other person to a d n ~ i ~ i i s t e r oaths or, i n l ieu LhereoE r-equire a person c s a n l i ~ ~ e d to make a n d o l ) sc r i l i e 111 a 1 e r l i r 1 i 1 1 1 as to the t r u t l i of \ t a t e l n e ~ l t mtltle b! 11iin in the course of h is e x : ~ ~ ~ ~ i r i i ~ t i o i ~ .

h . l l I .\ \ \ i t l le is a t te~~( l i~ i : : ill olictlicnc'c to ;I sulnmons u ~ l d c r \ccl ion 5 is erititlcrl to sucli expenses as \ rould be al lo\ \ed a \vitness :ittci~tli:~!: on .\:ib/~ociia t o gibe evidence hcfore the H i g h Court .

(?J!lere t l iere is, a djspute as to the amount o f the expenses t u h ~ c h a witness i s eotrtled, the ~ ~ ~ a t f e r shal l b e referred to the Registrar o f the H i g h Cour t who, o n request made of hiill by the Chairman, shall cert i fy the amount of the expenses and the decision o f the Registrar is l inal .

7. A person who

(a) refuses to appear in answer to a summons issued under this Ordinance; o r

(b) unreasonably refuses o r neglects

(i) to give ans\ver o r to make a re turn ;

( i i) to produce any document i n his possession: o r

( i i i ) to inake or so1)scriI)e to an! declaration i l lat inay I;i\vl'olly be required o f h im,

Ins!, 011 the application of the i%o;~rd, 11e com~n i l t ed to prisun I)!. a ,jorlgc { ~ I ' t l ~ c I l i g h Cour t fo r contc~npt of Cour t un t i l the contenlpt is ~ " ~ r g c t l .

X. :\ person s u n ~ ~ n o n c r l u ~ i d c r this O r d i ~ i a i ~ c c is 1101 II~LIII~ 10 I I~C~I I~I~O~~I~I I ;

~ ~ t ~ s \ v e r :I ([IICS~~IIII that is l ikely to i11cri111i11;ite 11i11ihcIf. L ! C , L ' \ I ~ , , ~ , \ .

0. :\11y witness \v110 \ \ i l fu l ly giyrs evicle~~rc! l l i a l is false i r i a l:l~,c

1nitterii11 l ) ; i r t i c ~ ~ l i ~ r o i l o;~tll at ;lily i r ~ q i i i r y 1)efore Ill? 15oartI i b guil ty ~ \ ~ ~ l ~ ~ l ~ ~ 1')

of the ofl'eence o f pe r ju ry and may he prosecuted and punished 'l'c"'rl'lr!'.

accordinxl?.

10. 'The Board, i n conducting an inqu i r y under this O r d i - Absc\sor\c~t nance, may etiiplo! one o r nrore assessors as t l ie l l i n i s t e r approyes. i r l ~ l l l i r i ~ ~ ~ of sucll nautical engineering u r other special sk i l l o r kno\vledge. to :issist wit11 the conduct of inqu i ry .

I l . 'l'hc Board niay. \ \ i thout derogatiorl f r o m its po\rcrs under ! > C I C ~ , ~ I ! C ~ I ,'I

this t'art, delegate to an! person or to any u f i ts members l""'cl''" ;~utl iorit ! to c1111doct al l i i iquir? under this O ~ - d i i l n ~ i r e ; ~ n d a peno l l '""" ""I""!

to \ \ i i om a l)o\ver has 1)ei'li so delegated has al l the po \ \e rs 2nd i m m ~ ~ n i t i e s o f tlie 13oartl I'or tlie purposes o f tlie incluir!.

,,l.i) 12. (1) The Minister may direct whether o r not IIC held under this Part shall be held in car~rera; but, in t e absence of a

direction to the contrary, every inquiry shall be held in public.

(2) Without affecting the operation of subsection (l) , the Board or other person authorised to conduct a n inquiry may, for the preservation of order or for the proper conduct of the inquiry, exclude any person from the room o r other place where the inquiry is being held.

i i ry 13. ( l ) The Board, a person authorised by the Board or a l ? . member of the Board authorised by it, in conducting an inquiry

under this Ordinance has all the privileges and immunities frorn process under the law as has a judge of the High Court.

( 2 ) The privileges and immunity specified in subsection ( l ) extend to the Crolvn, the Director, the Uoard, mernbers of the I h r d and persons authorised by tlie Uoard or by the Director in respect of anything done in good faith and in pursuance of this Ordirlance.

hIan;~geri~er~t of I f :~ rh (~u r and 'I'erritorial \\';lters of t l ~ e Virgin Islands

jr. 14. i l ) Sul!ject to suhsecti~~ri (2 ) . the Iiarhonrs specilictl in the Scconrl Sclied~rle arc the h;irb~turs for the pnrposes of this

It. Ordinance.

131 The \linister I . I order, anicnd the Second Sclic(lulr by mtenrling the liniits of any Ilarhour or by adding iiierelo or- deleting therefro~n, any harbour.

r ,,I' 15. There shall he a Director of Ports and hlarine Services \cho U,! shall 11e a put~lic oiticer and whose furictions shall he

i:il t u 111ariage and supervise the daily operations of h:irh11iirs and rnari~ie services:

ihl to f'iiriiisl~ the Uoard \\it11 any informarion i t requires in relation to the harbours and marine ;,lf'airs;

(c) tq perform such functions as may be assigned to )l by the Minister or by the Board; and

(d) to perform any other functions that are required by this Ordinance to be performed by the Director,

16. (1) All vessels entering, being or remaining in auy harbour in the Territory are, during their continuance therein, suhject to the general direction and control of the Director.

(2) Notwithstanding anything contained in the regulations, the Director may,

(a) give directions as to where any vessel o r sea plane shall be berthed, moored anchored, or parked and as to the method of berthing, mooring, anchoring or parking of the vessel or sea-plane within a harbour or the approaches thereto;

(l)) order tlie r en io~a l of an! vessel or seaplane froni any berth, station or position to anolher berth. station or position and specif! in tlie ordcr tlie tinie within which removal is to be effected; and

(c) regulate the movement of vessels or sea-planes and otlier traflic within a l ~ a r l ~ u u r and the approaches therelo.

\'csscls cntc i ing harbour undcr general direction of Dircclor.

17. ( 1 ) Not~vithstandi~ig ;inytliinf: contained in the regulations, K C ~ I ~ V : , I of

the Alinister inay ordcr the remo\al of an! foreig~i vcssel. or f"r":'l'c-'I

sea-plane from tlie territorial waters of the Virgin Islands and may ~ ~ ~ ~ ~ , ~ ~ , r i , , l specify the time lirnit wiltlin ~vhich the rernovnl is to be effcctrd. ,,,,,,,,,

(2 ) In specifying the time liniit referred to in subsection ( l ) , the hlinister may take due account of any li~nitntioris of the vessel. sea-plane arid of the crew.

(3) Any owner or person in charge of any vessel o r sea-plane who. without reasonable excuse, fails to comply v i th an order given undcr section 16(2) or under subsection (1) is pilt!. of an offence and is liable on summary convictiori to a firie ot'$2,000.

(4) \\here a person has been con\.icted of an offence under subsection (1) and the order in respect of which the conviction was obtained is still not complied with. that person is guilty of a continuing offence and is liable on summary conviction to a fine of $1,000 in respect of each day in respect of \vhicli the offence coritinues after the first conviction \\as ohtaimtd.

( 5 ) In case of a failure to comply wit%). order given under subsection ( I ) and the RIinister is satisfie iat it 1s urgent and necessary and in the public interest or for the protection of the niat.ine enviroi~ri~ent so to do, he m*, rvithout prejudice to any proceedings being instituted against any person, request the Uoard or llirector to take such measures and action as may be reasonable and necessary for the purpose of having the order complied with; and any measure and action taken a t the request of the Minister shall be at the risk arid espense of the person against whom the ortlttr under subsection (1) was directed.

(6 ) This section does not apply to a vessel in distress in tlie territorial waters of the Virgin Islands, but beyond the internal \ \alers, if t l ~ e vessel is removed by tlic orvlier o r person in charge of it \\itliin such pcriud of time as the hlinister considers reasonable.

, . \ .C . IC IS. I<xcept for navigational aids placed in the territorial \voters of the Virgin islands and moorings placed in those waters for cscl~i .s i~e use of' file departmen!, no person sh;rll place ally boo!. nio0ring o r otlier structure or obslruction within the territorial r\:iters of the Virgin Islands except

( i r ) in :~ccordance \vitli the iiianncr and co~lditions ~mcwrihctl in I'art VI: and

S~,.~I, \ I ILI 1'). i l l %I o ~ n e r or pcrsori in charge of :I vessel s11;111: >.,,I <> l l \ C l C .

I 1 1 i 1 i f 1 1 ~ I : I C P that vcsscl: or

~ % i t l i i i i :III! 11:1rl~r~ur. or otlier territorial rvatcrs of the Virgin Islancls or in ;my l.iir>\n! or (111 the heashore or on or near an! rock. hir~ih. slioal. Irr rcef o r in ; I I I ) part of tlie sea at[jacent to the co:rst of the \.irgin ls1;~11tIs.

( 2 ) \Vhere a Jessel is allowed to remain sunk, stranded. i ihant lo~~cd or unla\rfoliy placed in $1 place rnentioncd in subsection t l l and thc floilrd is s:~tisfied that tlic ressel is likely

i i l obstruction to navigatiun or to the lauful larldirlg of a vessel on t l ~ e heucli, foi.esl~ore or hairk of the harl,our. hank of the inhiid ,rater or of' the sea; or

(ii) obstruction to the use of the beach, harbour, inland water or sea; or

( h ] to coristitute

(i) a risk of pollution; or

(ii) a danger to the environment,

the Board may, without notice to the owner of the vessel. authorise the Director o r any other ofiicer of the Dep:~rt~nent to perform in relation to the vessel any of the acts specified in subsection (3).

(31 The acts referred to in subsection (1) that the Board may authorise the Director or other officer of the Depart~nent to perform in relation to a vessel mentioned in that a snbsection, :\re

(a) f o take l~osses.sim> of o r raise, relnovc or destroy the \rliole or any part of the vessel;

111) to light the ve\'sel o r any p;trl of it o r buoy i t clntil i t is raised, removetl or destroyed, as the case may be; o r

(c) 10 sell, in SLICII li1;llirier as III~!. be convenient

(il the vessel or any par1 thereof; or

iiil its contr~its or any part tlicrccrf.

(-1) 'file l~roccetls of a s;~le u~rdcr tliis scctio~i rli;~ll he ap])rnpriatetl in satisfactinn of tlie expenses iiicurrctl hy the I)cpartment as a result of the raisinp of the vessel and of the sale :ind the reniainder shall he lieltl in trust for the person etititlcd thereto.

15) I f . after the expiration of a period of 6 inonths. no claim is made for the remainder of tlie prucerds to \\hich subsectiun (4) refers, it shall be paid into the Consolidated Fund.

( 6 ) If the proceeds of a sale under this section are less than the expenses mentioned in subsection (11, the b:~lance may Ile rccn\ercd in civil proreedinps as a dcht due to the Cronn.

17) -\l1 order of' the court is not necessar! for the tskiili: of I)ossessiori :*nd sale of a ressel under this secti(lri atid no l i 3 1 1 i l i t ~ :rttaches to the Crown, to the Board or to any persoli acting inc cl er the authorisation of the Board for an! act perS~)rmed under strhrecti<rn ( 3 ) .

20. (1) Any person who, without the pern&sion in writing of the Board

(a) rvilfully sinks, strands or abandons a vessel in any harbour, or in any territorial water of the Virgin Islands; o r

(h) does so in contravention of the terms of any such permission,

is. without affecting the operation of subsections (2) to (7) of section 19, guilty of a n offence and is liable on summary conviction to a fine of $5,000 or to in~prisonnlent for a term of 12 months o r both.

(2) A vessel that is left anchored in the territorial waters of the Virgin Islands for a period of 6 months o r more and is not renloved by the owner upon being requested to remove it by the Director is a n abandoned vessel for the purposes of this section arld section 19.

21. ;\ny person \v110

( a ) goes on board a vessel i l l ;I harbour o r in the territorial waters of the Virgin islands \vithout pernlissii)!~ of the nlaster, agent or o\riler of the vessel; or

(1)) 1)eing I;~rvfully on board any such vessel fails to Ic:~ve the vesscl IIJIOII being requested to do so I,?. IIlc illahter. :lgellt or o\rner

is gliill! 01 an offence ilnd is liilhle on sullnnary co~~v ic t i o i~ , in the c;lsc 01 a first uffence. to a fine of $500 or to imprisoi~rnent for a lerrn of .3 rnor1tl1.s and in the case of a second or subsecpent offence to a fine of $1.000 or to imprisonment for a term of 6 inonths or l>Ot11.

7 7 . ( 1 ) No person shall unlaal'ully cause an obstruction or do anything that is likely to cause obstruction to

(31 i~a\igation in tile territorial ~ r a t e r s of the Virgin Islands:

1 1 ) ) the la\vfrrl use of an! landing place. whether or not i t has been re5er)c.d under the regulations o r otherwise;

(cl the la\vful use of any pier, jetty. rrharf, quay. duck, or mooring: or

160

(d 1: ny works connected with navigation in the viigin lslands

(2) Any person who contra\'enes subsection ( I ) is guilty of a n offence and is liable on summary conviction to a fine of S500 o r to in~prisonment for a tern1 of 6 months.

(3) Notwithstanding subsection (21, the court may, in addition to any punishment it imposes under that subsection make such order for the removal of the obstruction as it thinks fit and the order may contain a direction that the convicted person pa! Ihe cost of the removal.

23. Any person who, for the purpose of obtaining salvage or S c ~ ~ i n s \.cs\c

for a.; other purpose, ; ~ ~ l c i f i

( a ) \vilfully sets any vessel adril't; or

(1)) cuts, breaks o r unfilstens the inooringl;, of an! vessel with intent to set the vessel od r~ l t .

is guilty of an offence ancl is liable oo summar!' co~lviclion lo ;I f i ~ w of $1.000 o r to imprisonment Sor a tern1 of 6 inonths or I)ot11.

24. ( 1 ) 'i'lrere sllall be prescribed such I ~ a r h ~ ~ u r s and o t l ~ r r <'~~n,lx>\\t~r\ areas in respect of \vhich there shall be ill oper ;~t ia i~ a s!\rcm l'i11- 1Pll<'';~3c:111~'

Iicco%$~,g <>l co~n l )~~ l so ry pilotage. ~, i lo l \ .

( 2 ) 'The i h r d nla!. nith the appro\al of the >Iini\tcr.

( a ) on receipt of the prescri1)ed fee, license as pilots such persons as the Board is satisfied are compe- tent to conduct cargo vessels and passenger vessels into and out of a harbour: and

( h ) cancel or suspends the licence of an! pilot.

13) E\ er! qualified pilot on his appointment shall lie ijsuctl \!it11 a licence. to be ~ I I O \ + I I as a "pilot licence", in such forrn ;IS the \linister appro\es and the lice~lce shall. in addition to an! other particulars, contain in respect of the person to ~ r h o m it is icsued. the fbll~)\vinl: particulars:

I:]) his name :~nrt address:

(h ) liis photograph; and

(c) tlie limits within \vliich he niust operate as a pilot.

(4) Every pilot licence must he signed by the holder thereof and also by the Chairman of the Board.

( 5 ) A pilot licence is valid for a period of one year unless a slrorter period is specified in tlie pilot licence for its validity; but it is rene\vable for a further period of one year upon payment of the prescribecl fee.

2 5 . Every qt~alified pilot shall, \\.hen acting as such, produce his pilot licence to any person by \vhoni he is employed o r to \vhom lie offers liis ser\,ices as pilot.

26. (1 ) l<very qualified pilot shall. \vlien required to do so by the Uoartl, produce or deliver trp his pilot licence to the Board or to st~cli persons as the Board authorises to take possession of the licence.

(2 ) 0 1 1 the t1c:itll cif :l pilot, an!. persoli \rho h;is possessinn ~ i f ' h i pilot l i c e~~ce shall i r :~~ r sn~ i t i t to the Iloard iiitliout del:iy.

(3) 1 pilot v co~ltrnvenes s1111scction (1 :11irl :III.V

l ~ c r - s ~ i ~ ~ \v110 crl~itr;l\crte.s sul~scction (21 is xuilty of a11 offence and is 1iai)le 1111 su~iini:ir!. co~ivictio~i to a line of $250 or to inipr iso~l~i ie~i t f ~ r r :I i c r~ i i of nnc nionlh.

2 7 . :\ pilot licence is not t ra~~sfc roh le .

In1 uses or atte~ii[)ts to use a pilot licence tI1:lt he is not c~ititled to iiw: or

I l ) ] ttws or attenipts to use a pilot licence fur a pur[Iose that is not \vithin the liniits specified in the licence in pursuance of paragraph ic) of section 2431.

is ~~ui l t ! o l all ofknce 21r1d is liahle or] summar! convictio~l to a fine ~ i f"~5110 or i ~ n p r i s ~ ~ n m e n t for a tern1 111. 3 nlrrnths.

9 . ( 1 ) 1'ilot;ige fees due to an! qunlified pilot, in respect of services renrlcred in respect 01 :I vessel may lie reco~ered h! the liiiot ili cisii proccedi~igs from

~ L I I tlic rn:lster or o\rner of' the \t.ssel: or

, C 7

( h ) t coos ignee , or an agent \rho has paid or made them liable to an! charge or account of the veqsel at port of arrival, dircharge, loading o r departure.

except that no action for recovery of pilotage fees shall be entertained by the Court unless a request for payment had been ~iiade in writing by the pilot.

30. A consignee, or agent, not being tile nlaster or o\vner of a indcmtiiry vessel who is liable for payment of pilotage fees o r from \choni c '> ' l~ is i lcu 0 8

payment of pilotage fees have been recovered may, out of any ~ ? ~ ~ c ~ ' ~ r ''W woneys received by him on account thereof or belonging to the

owner of the vessel. retain any reasonable expenses lie has incurred by reason of payment of the fees or of his liability to pay the fees.

31. (1 ) A qualitied pilot \vlio.

(a1 lends his pilot licence to an! person:

(bl \vitliin or outsicle the lirnils of liis licence acts :IS a pilot doring a periud 1ha1 lie is susperirletf:

( c ) n i l h i ~ ~ o r otrtsitle !lie l in~ils of his iicc~icc acts ;IS :I

pilot \vhilc lie is under tlie inlluc~ice of alcohol or tlruxs:

id) rcl'i~scs to take cliarjic or \vilfull!. tlcl:~ys ill taki~ix cl~;lrge, 1 I \esscl rvithirl the lirllits of his licence:

(i) when riot prcvcnled I'ron~ do in^ so l)! re3s011 of illness or other reasr~r~ahle cause; and

liil upon liein: retli~ested to do so h! fl~e rnasler of the \e.s.seI, its o1in- er, agent or consignee or by any ~iiember of the Uoad or by tlie Director:

(el n~inecessaril!. cuts. s(i11s or causes to he cul rir slipped. any cable or line helongin): to any vebsel:

If') refuses \\he11 requested h!. the niaster to conduct a vessel uf which he is i l l charge into an? 1iarl)our. port or place into hich he is qualified to conduct that vessel. except c111 reasonahle grounds of the likelihood of danger to tlie vessel: or

(g) wi thout the consent o f the master, wh ich he has charge before the he has been hired has been performed,

is gui l ty o f a n offence and is l iable o n summary conviction to a fine o f $500 o r to imprisonment fo r a t e r m o f 3 months and, in addi t ion thereto, is personally liable fo r any damage to the vessel that is the result o f his action.

(2) Any person who aids, abets, counsels o r procures the commission of any offence under this section is l iable in l ike manner arit l to the same estent as specified in subsection (1).

(3) I f the person referred to in subsection (1) is a pi lot, he is, ill addi t ion to the l iabi l i ty he incurs, l iable a t the discretion o f the Board to suspension or dismissal.

(1) It' any qualif ied pi lot \vliile he is i n charge o f a vessel \vi l ful ly, negligently o r by reason o f his b e i ~ l g under t l ie in f lue~ lce of drugs o r :~lcoholic dr ink .

( a ) does any thing that

(i) causes o r is l ikely to cause t l ie loss or destruction of. o r serioos dam- :~ge to, the vessel, o r

(ii) is l ikely to be a source o f cl:~nger to the l i fe or li~nl) o f :i11! persoli on l ~ o a r t l tlicreoT: o r

(1)) fails to do :ru! la \ \ fu l act {hat is iiecessar! to he done I)! hin i for

(il ()re\erving the vessel f r o m lass. destruction o r serious da~nage. o r

iii) preserving any person helonging thereto o r o n board thereof f r o m danger to l i fe o r limh.

is gui l ty o f an offence.

( 5 ) :\ pilot xui i ty o f :l11 offence under u l )scc t ion 1 1 1 i 1i:il)le

lai on col lv ict ior~ on indictment to a fine of S5.000 o r to i r i i p l - i so~ i~n rn t ior a te rm a t 2 !ears o r hotli: o r

(111 on summar! cori\ ict ion to a l ine a f S?.UOU or to im;)risoiirneiit for 3 te rm o f 12 months 01. 110th:

164

and, in ladd i t ion thereto, the Board niay revoke his pi lot licence.

32. ( I ) The Board may, i f it th inks f i t

(a) o n the application o f the master o r niate o f any vessel; and

(b) o n payment b y him of the prescribed fee,

examine h i m as to his competence to p i lo t the vessel o f which he i s master o r mate w i th in any ha rbour in respect o f which there i s compulsory pilotage.

(2) I f the Board, after a n examinat io i l of a master or niate. is satisfied that the master or niate is competent to pi lot the vessel of which he is the master o r niate, i t may issue to h i m o n payment b y h i m of the orescribed fee a cert i f icate to be known as a pi lotage certificate specifying

(a) t l ie nali ie o f t l ie person to \\.horn i t is issued;

(b) the vessel ill respect of \vliicli i t is issued:

(c) the l in i i i s w i t l i i r ~ which t l ie master o r mate is entitled to pi lot the vcssel: and

( d ) the per iod for which i t is valid.

(3) P\ person to whoni a pilotage certificate is granted is. \ ~ h i l e he is acting as master o r mate of the vessel specilied ill the certificate e~ i t i t l ed to pi lot tliat vessel \ \ i t l i i ~ i t l ie li111its sl)ecified ill the ccrtific;~te.

(-0 A pilotage certificate is not t ra~isferahle and is valid for a per iod o f one !ear unless a shorter per iod is specified i n the pilotage certificate for i ts validity: but i t is renc~vable fo r a fur ther period of one yeor upon payment o f the prescribed fee.

( 5 ) P\ person to \ r h o ~ n a pilotage cert i f icate has been issued \rho

(a1 lends his pilotage certificate to any person:

( h l :lets as a pi lot after his pilotage cert i f icate h:~s hecn c:~~icelletl ut l t ler section 35:

( c l acts :IS a pi lot n i thou t t i a \ i ~ i g ohtained a p i l o t a ~ e certificate: o r

( d l acts as a pi lot while he is under the inlluence of 3lcoliol or drugs,

PART V

Collisions and Related Incidents

c i e n t i u n o i 40. (1) The rules contained in the convention on the Interna- ~Ilisions. tional Regulations for Pre~~ent ing Collisions at Sea, 1972 (as

amended by Resolution of the Intergovernmental Maritime Con- sultative Organization of 19th November, 19811, shall be followed in respect of all vessels, sea-planes and other craft navigating all territorial waters of the Virgin Islands; and shall be followed in respect of all British Vessels registered in the Virgin Islaods, upon the high seas and in all waters connected therewith navigable by seagoing vessels; except in any case as may be prescribed by the

;1nd5SVic1 Board o r by any regulations under the Merchant shipping Act, :,?. 1894, of the United Kingdom Parliament or any act replacing that

Act.

(2) Any master or owner of a vessel who operates a vessel in contravention of the regulations referred to in subsection ( I ) is guilty of an offence and is liable on summary conviction to a fine of $j,OOo.

(3) I f any damage to person or property arises as a result of non-con~pliance with any of the regulations referred to in subsec- lion ( 1 ), the dsn~aj ie shall be deemed to 11ave been occasioned by the \~ i l fu l defirult of the person in charge of the deck or the person for the tirne beiug having immediate control or direction of the vessel, ~rrrless the Court ir satisfied that the circurn.stanccs of the case rnade a d c p o r t ~ ~ r c h o ~ n the regulations necessary.

;)t,iI~li ig)t J I . ( I ) l'he awner of a vessel is liahlc to the Cmirn for l l l l l l l i i i l

,,,:,;c l < ? , >L \ II (a1 any tia~nage, hotvever caused. by the vessel o r by ~ q ' c ~ I! ,(,,L; any persoll en~ployed on or about the vessel to ally

11.11 ,l,1. ha r i~ou r works, installation. plant or machinery i l t i ' , ~ i ~ w < l ~ or other property of the Crown:

( 1 , ) the cost of clearirrfi from the territorial waters of the Virgin Islands or from any part of the foreshore any pollution caused by the vessel or by any person employed on or about the vessel: and

( c ) any damage or in,iury to the marine environment or marine life of the Virgin Islands, arising frorn or connected with the pollution or any other danlage done by the vessel or by a n person en~ployed in o r about the vessel.

(21 Any a~noun t in respect of which the ouner of a vessel is liahle under subsec t io~~ (1) is recoverable from the owner of the \.essel in civil proceedings as a debt due to the Crown.

l F;R

7) Subsection (2) shall be construed a s not affecting any rf~edy available to the Cro\izn under any other lav for the

time being in force in the territory.

(4) Notwithstanding subsections (2) and (31, a vessel referred to in subsection (1) and any other vessel belonging to the owner of that vessel may be seized and detained until the estiriiated cost of making good such damage or injury or of clearing of the pollution has been fuly paid or security therefor given to the Crown.

42. (1) Where damage or injury referred to in paragraph (a) or Acudcnr .,,I (c) of section 41(1) has been caused by a vessel; or where any vessel po l lu~iun in the territorial waters of the Virgin islands has

(a) sustained damage;

(h) been the cause of an accident resulting in the loss of life or in serious injurx to any person; o r

(c) sustained any material damage affecting its sea- worthiness o r efficiency either in its hull or in any part of its machinery, gear or tackle,

its o ~ r n e r o r master sh;~ll within the period of 24 hours imnrediately following the accident or as soon as possible thereafter suhniit to thc Director, a written report of the accident or dan~age and the proh:~l~le occasion thereof sipled by thc owner o r m;lster.

(2) A rnaster or owner of a vessel \rho fails ~r i thout re:isolral~le c:luse to cci~nply with this section is guilty c~f a11 c~ffer~ce and is liable to a line of $500.

43. ( I ) IVhere 2 o r more vessels are involved in a coilison. the .\y\ist;incc I,

rnaster o r person in charge of each ~essel . shall. in so far as he can d:im:lsecl

without dan~age to his vessel, crew and passengers (if any). vv \ \ c l :I dui!

(a) render to the other vessel involved in the collision. its master, crew and passeirgers, such assistance as Inay be practical and necessary to save them from danger and to sta!. by the other vessel until he has ascertained that it has no need for further assist- ance: and

Ihl give to the rnaster or person in charge of the other vessel involved in the collision,

(i) his 01~11 r13111e and address,

iiil the name of his \es\el, and

169

(iii) the name and address of its o w y and its port of registration.

(2) A master o r person in charge of a vessel who fails without reasonable cause to conmply with this section is guilty of a n offence and is liable on summaryL conviction to a fine of $2,000.

Dctcn r~ono i 44. (1) T h e Director may provisionally detain a vessel that is in ~ i i s ; i l e a harbour arid direct the master not to put it to sea if the Director is ~ C S S C I S . satisfied, that the vessel is an unsearvorthy vessel

( a ) by reason of the defective condition of its hull, equipment o r machinery;

(1) ) by reason of undernmanning; o r

(c) by reason of overloading o r improper loading.

and it cannot be put to sea \vithout serious danger to human life, hat ing regard to the nature of the service for \vhich the vessel is being used.

(2 ) \Vhcre a vessel has been provision;~lly detained under subsection ( I ) , the Director shall serve notice thereof on its owner o r master directing him not to put the vessel to sea until the Ilirector has cleared the vessel a s safe for heinl: put to sea.

(31 11' any ship

:ind tlie ship is put to sea in contravention of that notice, the o a n e r o r master. as the case inay he. is guilty of all offence and is liahlc 011

summary conviction to a fine (11' $1.0011.

(-1) Every notice served under subsection ( 2 ) must contain particulars of the alleged unsean.orthiness of the vessel and a statement to time effect that an order for the final detention of the vessel \ + i l l he issned unless steps a re taken \vitliin such period as I he specified in the notice for the performance of such co l id i t io~)~ with respect to the execution of repairs or alterations, o r tlle Llnli~adill:: o r reloading of cargo, o r the manning of the vessel. as the 1)irector may require.

( 5 ) The Ilirector may vary a notice given under this section a n d n1ay extend the period required by the notice nithin which any ::cl is to he perfurnied.

6) If the owner, master o r charterer of any vessel on whorn notlcenas been served under this section complies with the notice within the period specified therein or within any extended period granted, the Director shall release the vessel; but if he fails to comply with the notice the Director shall order the vessel to h e finally detained.

(7) An order for final detention of a vessel shall be served on the o\rpner o r master of the vessel affected thereby and shall indicate the date from which it is effective.

5 (1) No vessel in respect of which an order for final detention has been made shall be put to sea o r remain in a n y harbour for a longer period than 10 days after the date of order f o r its final detention, except in accordance with the written permission of the Director.

(2) The Director may direct that a vessel in respect of which a n order for final detentior~ has been made be beached o r moored in any part of a harbour where its presence will neither constitute a hazard to oavigation nor injuriously affect the interests of o ther users of the harbour.

(3) The owner o r master of a vessel in respect of \vliich an order for final detention has been n ~ a d e who

(a) puts the vessel to sea; o r

(1)) allows the vessel to r c n ~ a i n in any har1)our in contraver~tion of ally direction given under suh- section (2 )

is guilty of an oITence and is liahle 011 s~ltiiliiary co~iviction to a f ine of $2,000 if the offence is a cot~tmvention of paragraph (a1 a n d $1.000 if the offence is a contravention of paragraph (111.

( 4 ) If any ~ e s s e l in respect of which an order for tinal cletetition has heen given remains in any harbour contrary to any direction given under subsection (2). the Director may cause the vessel to he removed and disposed of.

(5) Subsections (3) to (7) of section 19 apply t~~llta!is nirt/atrdi.s with respect to the disposal of a vessel that is in contravention of subsection (-1) a s the! do in respect of vessels that are in contravention of that section.

-16. If at any time after an order for t i~ia l detention has been L ~ ~ I I ~ C C I I : ~ I I ~

made in respect,of any vessel but hefore it has heen disposed of ~ l ' ~ ' r d c r ~ ~ ' !iii:il

under section 45(5), the owner o r master thereof satisfied the di.li.nln,,, Director that the vessel is no longer unsea\vnrthy within the meaning of subsection ( I ) of section -1-1, tlie Director shall cancel the order for its final detentiun.

171

ir t lng to sea i ~ i c l e r l ~ s n t

::llhsr.

47. The owner, of any vessel in respect of final detention has been made may, within 3 of the order, appeal to the Minister whose decision shall be final.

48. Where the Director is satisfied that, by reason of any impending hurricane o r other threatening signs of turbulent !%eather, it would be unsafe to allow any vessel in a harbour to put to sea, he rnay direct the owner of that vessel not to put it to sea and an owner who puts a vessel to sea contrary to such a direction is guilty of a n offence and is liable on summary conviction to a fine of $500.

PART V1

Wharves

49. ( I ) No person shall construct, alter, extend or operate a wharf in tlie territorial waters of the Virgin Islands except under atid in accordance with a licence granted by the Minister responsible for Natural Resources.

( 2 ) A licetice is obtainable by making application therefor to tlie 1)oard in such form as the Minister responsible for N;~tur:ll Ilesources approves.

(3) The l3oard shall, upon receiving :In apl~lication under suhscction ( l ) ,

111) carry out sucli investijiations of tile site and of the specilicati~~ns and proposals as itla!. be necessary to enable i t to ascertain whetl~er the licence may he granted.

IJ) l'he Hoard shall, upon completion of its investigations. report its litidings to the hlinister responsible for Natural Resources !r.l~o may authorise the Board to grant or refuse the application.

15) Where an application has been granted under this section, the applicant is entitled to he issued with a licence in such form as tlie Minister responsible for Natural Resources approves upon payment by tlie applicant of the appropriate fee prescrihed.

(6 ) 1 licence is valid for a period of one year from the date I ) I ~ rrliich i t is issued but is renewable for a like period up011 !)a?lnt.rit of the prescribed fee.

50. The hlinister responsible for Yatural Resources may. h? ortlrr published in the Gazerfe, exempt an! wharf or class of wharf from the provisions of' this Part.

51. c - ~ i t h o u t affecting section 50, a person who at the date of the comniencement of this Ordinance, is operating a wharf in t he Territory has a period of one month from that date within which t o comply with the provisions of this Part.

52. The use of every wharf in the Territory shall he made available to the Crown if required.

53. The Board may, with the appror'al of the Xlinister responsible for Natural Resources, cancel a licence issued to any person in respect of a particular wharf.

54. (1) A person who

(a) constructs, alters or extends a wharf in contraven- tion of this Part;

(b) operates a wharf without a licence after the expiration of the period specified in section 51 for complying with this Part; or

(c) operates a wharf withoot having a valid licence for the purpose,

is guilty of an offence and is liable on summary conviction to a line of $1,000 or to imprisonment for a term of 6 months.

(1) Where a person has 0eei1 convicted of an offence under subsection ( I ) 2nd cont i~~ues the offence he is ~ u i l t y of :l c o t ~ t i ~ ~ u i n g offence ant1 is liable on sunllnary conviction to a fine of $200 in respect of ~ o c h day or part thereof on which the offence contiriucs after the date of tlie f i r9 convictio~~.

(3) \\'liere a licence is cancelled under section 53, the owner o f tlie \rharf shall, hefore the expiration of 14 days immediately follo\vit~g the car~cellation of the licelice, disniantle :111d rcniore the \{hark atid if he fails to do so. the Director o r an! person authorised h! the Board niay ~vithout having recourse to the Court dislnatitle and remove the wharf and' the cost of the dismantlement is recoverable as a debt due to the Crown in civil proceedings.

Ferries

- - 3 . ( I ) Zo persoli shall operate a ferry \vithi~i the territorial waters of the Virgin Islands unless he has obtai~ied a licence from the Bo:lrd for the purpose.

( 2 ) :% licence to operate a ferry is ohtai~ial,lc h! rnaliing

Existing wharves

Crown righl

Inrc' l,,

/<1,1 lil

\ l 1

application therefor to the Board in such f o a a s the Board approves.

(3) The Board shall upon receiving an applicatior~ under subsection ( 2 ) .

(a) i~~ t e rv i ew the applicant; and

(h) carry out such investigations in respect of the application as may be necesary.

(4) The Board shall, upon completion of its investigation. grant the application with the a p p r o ~ a l of the Minister o r refuse the application.

(5) Where an application has been granted under this section, the applicant is entitled to be issued with a licence in a form approved 1)). tlie Board and known as a Ferry Licence upon pay~nerlt 1)y him of the prescribed fee.

(6) I\ Ferry 1,icencc is valid for a period of one year hilt is re~ie\val)le for a like period upon payment of the prescribed fee and riii~y o111y be used in respect of the ferry in relation to whicl~ it is issued.

56. \Vl~crc the 13oard issues a Ferry Licence, that licence s l~al l I)e displayed in a conspicuous place on the ferry in respect of which thc Fcrry 12icence is issued.

57. Xot\vitlistnndiiig sectio11 551 1) . 3 person who at the date of the c o ~ i i ~ n c ~ i c c ~ n e ~ i t of t l ~ i s Ordiuance is operating a ferry in the !cl-r-itori:~I n.:iters of the V i r g i ~ ~ I s lnnd 1i;ls a period of one n1ont11 from iliat h t e \ri thi~i \rliicli 10 c ~ ~ i i p l y with the provisious of this I'ilrt.

5 8 . The Ilo;ird may. \rill1 the approval of the hlinister, suspe~id :I Ferry 1.iccnce jiranted under this I'art if the ferry or the mode of its operation is. in the opinion of the lloard, unsafe or. as the case 1!1:1y be. contrary to good sea~iia~isliip: and uliere a Ferry 1.icetice is suspended, the suspension remains until the Board is satisfied that the cause of the suspension has been remedied.

59. Every vessel in respect of which a Ferry Licerice has bee11 issued shall be licensed in accordance with the rejiul:~tions relating to iri1;111d ua te r craft a ~ i d i f tlie vessel ceases at an! time to he su i-egiskxretl the Ferry Iicence :ranted under this l'art lapses.

hi). l . person \rho

( b ) [ s an application for a Ferry Licence wilfully makes a statement that he knows to be false; or

(C) operates a ferry while the Ferry Licence is suspended under section 58,

is guilty of an offence and is liable on summary conviction to a f ine of $500 o r to imprisonment for a term of 3 months or both.

(2) A person who is convicted of a n offence under paragraph (a) o r (c) of subsection (1) and continues the offence is guilty of a continuing offence and is liable on summary conviction t o a fine of $200 in respect of each day or part thereof on \\hicl1 the offence contiliues after the first conviction.

PART \'I11

I'orts Dues and Charges

61. ( 1 ) 'Shere is payable in respect of everyvessel entering ally i'on dut \ liarbour o r port in the Territory such port dues as shall 1)c prescribed.

(2) All port dues are payable to the Comptroller of Cus to~ns or to such other person as the Board, ~ i t h the approval of tlic illinister, autl~orises to collect port dues.

6 . ( I ) Cargo vcssels registered in tlic k'irgin Islnnds under thc I'xc,,,ptii>~i\ hlerclii~nt Shipping Act of the United Kingdom I';~rlianle~lt 2nd rm l>clrl ~~1~~

5: <? CS \ ' l , vcsscls licetisecl and registered undcr the provisions 111' this < , , , Ordinance are, in any case. not li:~l~le in ally one year to pa!mcnt of port dues in escess of 26 payments accordi~ig to the rate prcscril~cd in accordance \vith sectiori 87.

(2) For the purpose5 nf subsection (1) "year" means the calendar year comlnencing 1st .lanuar! and ending 31st Dece!nher.

(3) Notnithstanding subsectioris (1) and (2), port dues a r e not payable by

( a ) Her hlajesty's ships of war and other fleet :lusiliaries I~elonging to Her hla,jesty's Govern- ment:

( h ) vessels l)clo~igi~ig to a foreiy~i Government, not plying for freight or fares: or

(c) any vessel exempted by the Corernor in Council in writinl: from pa?rncnt of' port dues.

(4) For the purposes of this sectio Council may grant exen~ptions from paym respect of such vessels a s he, thinks fi t .

Ilirpsducs. 63. Subject to this Ordinance, the Board may rt'ith the approval of the Minister, levy and there shall be payable

(a) on all vessels entering inwards into any harbour o r port in the Territory from foreign waters, such light and buoyage dues; and

(h) in relation to any harbour or to any area in the Virgin Islands Waters that the Board designates, anchorage dues, mooring dues, buoyage dues, herthing dues and other ship's dues

a inay he prescribed.

I~sccII.I~~. 6J. ( 1 ) Subject to this Ordinance, the Board Inay with the ui~~"''~"+'5. ;~pproval of the hlinister, levy such charges as may be prescribed

(21) for lhe use of ; I I I ~ works o r appliances provided at any harbour o r port in the Territory;

(1)) 111. any service rcr~derrd i r ~ respect ~f any vessel; or

(cl for goods sopplied 11y the Cro\vn o r 11.v the 1l~1ard in pursu;incc of the po\rcr and responsil~ilities conferred 11y this Ordinance.

( 2 ) \Vithoot lin~itinfi or all'ecti~~l; the operation of subsec- tion l1 1. the I%o:lrd may. wit11 the approval of the .\linister, charge S I I C I I felx.s :IS may be prescribed for

13) the Iandirtg. shipping. wharfage. c ra t lap . ,torage. rr:~rcllousin~, carriage o r de~nurrage of good?:

(1)) the use by any vessel or by a person of any wharf 1111der the control of the Board:

(cl the use of any gear, tackle, tools, trucks, trailers :111d an! other plant <>r equipment for the purpose of ail? \essel or for any goods handled, upon an! nliarf' cuntruiletl l)? the Board:

( t i l the rendering of :lssistance to any ~es se l \\hether iea?ir~g or enterin: any of the ~ ~ l i a r ~ e s coi~trulled I,! Llie Board or I I I I ~ . I~eing within or outside all!. hurbr~ur:

(eP! )e supply of water;

(0 the use of vessels, equipment and staff or contrac- tors, for clearing and disposal of refuse or any pollution by vessels in the territorial waters of the Virgin Islands o r in any harbour o r port or on any wharf controlled by the Board; and

(g) any other service rendered but not specified in paragraphs (a) to (f).

65. The following persons are liable to pay dues and charges Pcrsunsli;ih: prescribed pursuant to this Part: for dues :>nJ

ch:liges.

(a) the master o r owner of the vessel;

(h) every consignee or agent of the vessel who has held liin~self out as liable or has performed any act such as would cause any reasonable person to regard him as the person liable to pay any dues and cliarges payable in respect of the vessel; or

(c) the consignee, agent or olher person by whoin application has been made fc~r the use of ally specific lacility, rehouse. storage, equipntertt. tool o r service.

66. Any person \+,ho, l)? any means \rbatsoever, neglects to I ~ V : I \ ~ G I ~ I O ( nlake or evades or attempts to evade : I I I ~ pay~nent of (lucs ; ~ r l t l charges payal)le under or pursuant to this Ord i r~ ;~r~ce o r thc " '~ ' '~"~ r r g u l a t i f ~ ~ ~ s is guilty of all offence ; I I I ~ is liallle ~ I I S I I I I I I I I ; ~ ~ ~

convictio~~ to a fine of $300 or to irnprisc~r~ment for a ternt of 3 months o r both.

6 7 . (1) The master of any \essel that a r r i ~ e s i n any harllrrur o r i t i t i ~ r ~ n ; i ~ ~ ~ ~ ~ ~

port shall. !vile11 required h!. the Ooard, produce to the Board o r t o l,117c an! person authorised b!. tile Board ~tt[?plicd

scrriv;~l of lal the ship's register a ~ ~ d ship's papers: \ c > > c I ,

(h) a list coritaining the names of all the crew;

(cl a list of all passengers and nnin~als to he djs- eniharked and the narllcs of the consi~nces of 311 the cargo to he ui~sliipped:

Id) the bill of lading or a manifest relating to the cargo to be unsliipped or the best account in writing thereof;

( c ) the draught of the \essel; and

177

(f) any other information in relation t crew, passengers, animals and cargo T t ereo of the Board or tlie person authorised by the Board liiay require.

(2) Any master of a vessel who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $500 or to imprisonment for a term of 3 months.

68. (1) The m,\ster of a vessel shall, when applying for clearance thereof from any harbour or port, produce to the Board or to any person duly authorised by the Uoard

(a) a list of all tlie embarking passengers and animals: and

(h ) the best account in writing of all cargo being shipped on hoard the vessel in the harbour or port:

and in addition thereto shall also supply lo t l ~ e Board o r lo the person aulliorised by the Board such utller informatio~i in relation 1,) tlle W S ~ C I . crew, passetlgers, ;~nirllals ilnd cargo lhrreof as the lioartl o r Illat person requires.

( 2 ) h master of a vessel who co~itravenes subsection ( I 1 is guilty of :III c~ffence :~ncl is lii~ble on snnlrnary conviction to a fine of $5110 or to inil)risunnient for a terlil of 3 montlis.

9 . ( 1 ) 1\11 dues and charges payable under this p;trt

(:)l $li:ill 1)e f~:ii(l :it llie tirne prescril~e(l: o r

11,) on demand \ \hrrc no s i ~ c h linlc for yayiiiriit i s 1)rescribed.

t Z I I'or the ~ ~ u r p o s e s o f sulisectiun ( 1 1. all dues and charges s l~:~l l t)e rlee~ncd to have bren de~nanded when they b e c ~ ) n ~ c due.

( 3 ) Dues and c l~ ;~rges are due from tlie ~iionient \sl~en pay~ncnl thereof n ~ a y be la\vfully demanded as being a deht.

70. 'l'lie 8oard or any person authorised h!. it may, eifher alone or ~vi th an!. other person. board an! vessel \rithin the territorial \\ 'aters of the Virgin lslantls in order to ascertain whether dues illid cli;~rges :ire oayal~le in respect of the ressel.

7 1 . I'he lioard may require an! person ritio incurs o r is boot to incur liability for payment of dues and charges to deposit with tl:c I h r d or $\it11 an! person authorised by the Bo:~rd ,uch guor;rrltce f l ~ r pajrnent of the dues and c h a r g e as the Board or the :)erso11 autl~orise<l hy the Board considel-s sufticient.

72. If dues and charges are not paid on demand or at the F ; , ~ I u ~ ~ tops prescriN.Stime, the Director or any other person authorised by the ducs and

Board may, unless a sufficient guarantee is deposited with the c""'fes.

Board in accordance with section 71

(a) in the case of dues and charges due and payable on goods on premises under the control of the Board or of the Crown, detain fhe goods;

(b) in the case of dues and charges due and payable on goods on a vessel, within a harbour o r port in the Territory, seize the goods and detain them: and

(c) in the case of dues or charges due and payable in respect of a vessel, seize and detain tlie vessel and its appurtenances if the vessel is then or at any time within the territorial waters of the I'irgin Islands.

(2) If goods subject to dues and charges are r c m o ~ c d from the prernises under the control of the Board before the duty has been paid, the Director or any olher person' authorised by the Uo;trd niay seize, and detain any goods that appear to belong to o r stand in the name of the person liable for payment of the unpaid drre.s and ch;~rges \r,l~cther those goods are on premises under the control of the Buard or in a vessel in the territorial waters of thc Virgin Islands.

(3) If a vessel departs the territorial \\oters of the \'irxin Islands leaving unpaid dues and charges payable in respect of 1h:lt vcssel. the II(1:ird o r any person authorised by the Board nla? scize. ; ~ n d detain any other vessel lielonging to the olvner of the vessel that so departed.

(4) 'l'hc Board may, after giving not less thau 10 da!s notice to t l ~ e onncr . niaster o r agent of a vessel seized and delained or to the owlier or consignee of goods seized and detained sell any of the goods or, as !lie case may be, the vessel and its appurtenances and. i f any of the goods or the vessel are unsaleable dispose of the goods as it sees fit and recover as debt due to the Cro\r.n in civil proceedings the dues and charges in question. the experlse of seizure, detention, at attenlpted sale and disposal of the property seized and detainecl.

(5) Where

(a1 goods seized and detained a r e of a perishable nature and the Director is of the opinion that i t is i~npractical to give the notice required in this section: or

179

(b) the goods a r e likely to deteriorate in v the delay occasioned by giving the n@:uring

the Director may cause the goods to be sold without any notice being given nnder subsection (4) but, shall as soon thereafter as is practicable inform the person to whom the notice wzould have been given of the action that has been taken.

(6 ) The proceeds of any sale under this section shall be applied as follows in the following order:

(a) towards payment of any customs duty or any charges payable in respect thereof:

(11) towards payment of the expenses of the sale;

(c) to\vards payment of the dues and charges due to the Board and the Cro!vn in respect of the goods;

((1) towards payment of freight and other clainls of which notice has been given to the Board:

and the surplus, if any, sh;~ll be paid to the oa.ner of the goods on de~iiand.

(7) 11'110 demand is made for the surplus within 12 months fro111 the date of sale on the goods, the surplus shall be paid into the Consolidated Vund. whereupon ;ill rights of the owner tliereto shall be estinguished.

( X I Sul~scctio~i (71 of section I9 applies in respect of a sale nnder this section as i t does in respect of a sale under suhsection 1.7) of that section.

,,,C, 73. Not\vitllstanding anything contained in section 72. the 1 : 1 Iloard or the Crown may in civil proceedings, recover any dues. ! \ charges, rates, expenses due to them as if the same were a debt. .,rgc\.

I I I 7J. ( l ) Before any discharge o r outward clearance is given to ih,,ld an!. taessel. the Comptroller of Customs or any custonls officer shall :I~:,IICC require the master, owner. or person in charge of the ~ e s s e l to

sul)~nit to hini a certificate from the Director stating that

l a ) ail dues and charges paynhle under this Ordirtaricc or the regulations and any costs against tlie vessel Or n~as te r or owner or person in charge of such

essel ha\,e been paid: or

( h ) security to the satisfaction of'the Director has been giren for the payment of tlie dues and cliarges.

180

PART I);

Responsibility of Board as Warehouseman

75. (1) Subject to the provisions of this Ordinance or the Liability as regulations or any contract, neither the Board nor the Crown is a-archoose- liable for the loss, misdelivery or detention of, o r damage to, goods "'""-

(a) delivered to o r in the custody of the Board or any person authorised by the Board o r appointed by the Crown for that purpose. except where the loss, misdelivery, detention or damage is caused by the want of reasonable foresight and care on the part of the Board, its agents or servants; o r

(b ) accepted by the Board for carriage, storage or areho housing where tlie loss, misdelivery, deten- tion or damage occurs otherwise than while the goods are being carried, stored or warehooscd and is not caused by the want of reasonable foresight and care on the part of any person employed in the service of the lloard or of the Crown.

(2) Neither the Board nor the Crown is in any case liable for loss. rnisdelivery, detention or dan1:lge as the case nla! I)c. arising from:

(a) act of God:

(h) act of war or the Quce~i 's enemies:

{cl arrest or restraint of seizure under any lcpal process:

(dl act or order of tile Cro\rn:

!c) act of the consignor, consipner or depositor o r the agent or servant of any such person:

(0 fire, flood. tempest, e\plosion. riot. civil disorder. strike. lockout, stoppage or restraint of lahour from aha te re r cause ahether partial or general:

!g1 wastage in hulk or \~eiglit , latent or itlliere~lt defect, natural deterioration or vermin:

(h1 deficie~icy in tllc content of packages:

ii) unprotected cargo, insufficient or i~nproper pack- ing o r leakage from defective drums , contnincrs or

' <,CS: or packa,

(j) any other cause beyond the control of t l ~ ~ r e c t o r , his agents, staff, servants or workmen, and which by the exercise of diligence he and each of them was unable to prevent.

PART X

Rliscellaneous

76 . Where a court has power to make an order directirtg payment to be made of any crew wages, tioes, penalties o r other sums of money, then if the party directed to make payment is the m;rster or o\rner of a vessel and payment is not made at the time and in the 111211ner specified in the order, tile court that made the order may, in addition to any orher powers it may have for the purpose of co~npelling payment, direct the amount remaining to be levied by clistress and sale of the vessel, her tackle furniture a ~ ~ d apl~arel .

77 . Any person \vbo wilfullg hinders or obslructs any member, st:~ff or ;igeut of the Board, or any servant of the Crown in the ' sccu t io~~ of' his duty i l ~ ~ t l e r this O r d i ~ ~ a r ~ c c is guilty of an trffence :~nrl is lial~le on summary convict io~~ to a f i ~ ~ e of $1,000 or to i ~ n p r i s ~ ~ n ~ n e n t for a term not exceeding 6 months or both.

78. ( l ) \Shere. ill the opiuion of the l)ircctor. it is clcsirable t11ut a p111,lic \rh:rrf o r a private wharf while it is being used by the ( ; o \ e r l l l ~~c r~ t . sl~i~ulcl he clc;~rctl or kept clear of persons. 11c Inay r c ~ l t ~ c ~ t the ;13sist;111ce of ;I 11te1111)er of the l'olice 1:11rce to requirc :l11 ()er-sor~s. OII t l ~ c r111:rrf, o t l~er t l ~ a n oflici;~ls ilccessaril?. present fur tile I I ~ I ~ I ) I I S ~ of ~ ) e r fo r~n ing their duties ancl other persolls ;1ut11(1- rise0 l)! t l ~ c Director. to le;~vr t l ~ e \vh;~rf'antl I I ~ : I ~ forbitl any person 2oi11g Illercon.

( 2 ) :in! 11erson \rho 11ersistently re~naius or insists OII goin): url n r r 11;li-f' sl~ecificd in .sc~b.secti~tt~ i l ) after being required to leave 11r i ' o r l~ i t ldc~~ to go thereon may, 11) 3 1i1e1111)es of the I'olice F11rcc or C u s t o r ~ ~ s Of'ticcr- or other p c r s o ~ ~ :,utl~o~-iscd b! the 1)irector or 11: a perholl : ~ s s i s t i~~g them, be forcibly ren~ovetl o r forcibly prererlted f'ro~n going tl~ercon.

131 \\ ' i t l~oot afl'ectiilg t l ~ e operation ofstrh.sections 11) anrl 121, the l)irccti~s 111:ry give sur11 orders aud dirrctiol~s as he coirsiilers neceshar! fol. the r~~:~irtle~rarrce of good order otr 21 1% hurl ' \l)eriticd i i ~ su l ) iec t io~~ ( I ) .

14) .in: person \rho

l:]) p ~ r s i s t e ~ ~ t l ? renlnins or insists on going on a \vharf ill c o~~ t rn \ en t i on of 5uIisectioll (21:

182

(bNLSaults, resists, obstructs o r uses abusive o r insulting language to a member of the Police Force, or to a Customs Officer or to any person assisting either of them, while la\vfully executing their duty under subsection (2); o r

(C) disobeys a n order of the Director given under subsection (31,

is guilty of a n offence and is liable on siliiimary conviction to a fine of $500 o r to imprisonment for a term of 6 months.

79. In any proceedings for any offence, it is suflicient to allege Juriidic~jo~l. that the offence was cornn~itted within the limit of a harbour or the territorial waters of the Virgin Islands without proof of such limits, unless the contrary is proved.

80. Any erso son who nrukes, either hno~vinglj, o r recklessly, F:,l>c r ~ , m r , , ~ any state~uent that is false in any material particular in any return, claim or o t l~e r docun~ent , required o r authorised to be made under this 0rdin:rncc or the regulations is guilty of an offence and is liable on summary conviction to a fine of $1.000 o r to imprisonment for a term of 6 ~nonths or both.

81. ( l ) kV11cre a court imposes a fine under this Ordinance that A ~ ~ I ~ C ; , I K > I I

court may direct the whole or any part or the fine to he appiied. 111 0 c ~ l : : I l ~ ~ ~

(a) in cornpensating arly person for an! loss o r ~ ; I I I I : I ~ C that l I a s ~ s t ~ i n e l act or (lef:~ult ill resl)cct of n l ~ i c l ~ the line is irnposed: o r

(2) Sul?ject to any directions given under subsection ( I ), all lines under this Ordinance s1i;ill he paid in to the Cc~nsolidatcd Fulld.

X?. ( I ) Sot\ri t l~standir~g an)thiny contained in this Ordinance, Co~nplruiiti- rctlere in: Ollcnc~s

(al an o f f e~~ce has bee11 com~nitted under this Ordi- nance: ant1

l l ) l t l ~ e Ilirector is s:~tisfiect th:~t the tlepnrture of a vessel may he u ~ ~ d u l y delayed by reason of the time that is likely to elapse before the trial of the Offence is concluded,

he ma?, if the accused person admits to co~nrnittin:: the offence, ~ ~ f f e r t l i~n the opl)ortuniry uf l~aying to the Director an amount equal

183

to three-quarters of the maximum penalty 1% the court may impose for the offence as well as the total co f repalrlng any damage or replacing any loss sustained by the Crown as a result of the offence having been committed.

(2) Where an amount is paid under subsection (l), the Llirector shall give a receipt for the amount paid and the effect of the receipt given is to discharge the accused person from all liability in respect of the offence.

(3) Any amount collected by the Director under this section shall be paid into the Co~isolidated Fund.

83. (1) Subject to the provisions of this Ordinance and to the regulations and to any other law in force in the Virgin Islands

(a) all foreign vessels may navigate territorial \rraters of the Virgin Islands and every vessel navigating the territorial waters of the Virgin Islands is rub.ject in all respects to the same laws to which Ikitish tessels arc suhjcct and

(111 foreign vessels, or any goods, wares o r merch:~n- disc carried therein, shall not be subject to higher c~r other rate of port or other dues, duties, tolls, rates o r other charges, o r any other rules o r restrictions than British vcssels.

(2) I'ar:~graph (h) of su1)section ( 1 ) tlocs not affect the ch i l r~ ing of fees i ~ n d e r the Cruising Permits Ordinance. 1976 o r any en;tctlllent rcpl:~cing that Ordinance.

$4. :\I1 l ~ a a t s and vessels belonging to persons belonging to or rrsident in the \ ' i r g i ~ ~ 1sla11ds :lnd all goods. wares, mercil;lndise ant1 p r ~ ~ d u c e , o r o t i~er property whatsoever belonging to such pcrsons m:)? he carried in such vessels fur all las.ful purposes. u l , j e c t to the provisions of this Ordinance relative to the ~rej:istrntio~i and licensing of boats and other craft.

8 5 . ( 1 ) All vessels arriving and calling at any place withi11 the Yirgin 1sl:lnd.s shall enter at and depart from a port specified in the Second Schedule and there shall be paid at the port all dues and charges required to he paid h! virtue of this Ordinance.

( 2 ) :l master of a vessel that is in contravention of si~i~section ( I 1 is guilty of an offence and is liable to be arrested \\ithoiit a !\arrant by any mewher of the Police Force or h! a Ciiston~s Ol'ficcr and in addition thereto is liable on summary co:lr.iction to a tine of $2,000 or irnprisor~ntent for a term of 6 i ~ ~ o n t h s or both.

184

3) A Customs Officer who arrests any person under subsecrrdn (2) shall deliver him into police custody as soon as possible after the arrest.

(1) In addition to any penalty imposed under subsection (2) the master of a vessel in contravention of that section is liable to be declared persona nor1 grata and the vessel may be seized a n d disposed of and section 19(7) applies in respect of such a seizure a n d disposal.

86. 11) No member of the Board o r any other person who is Conflictso charged with responsibility for the conduct of any inquiry or the 'n'crcs!.

performance of any function under this Ordinance shall directly o r indirectly take par t in the conduct of the inquiry or in the performance of the function, as the case may be, if he has an interest. financial o r otherwise, in the matter, but his presence shall be disregarded for the purpose of determining whether or not there is a quorum for a meeting in the subject of which he has an interest.

(2) i f a person to whom subsection ( l ) refers is the Director he shall. in writing, notify the hlinister of the interest and the Minister shall assign a person who has no interest in the matter to perform the function.

87. The Minister may make regulations generail? for tho !<cgut,tli<~c effective operation of this Odinance and specifically respecling the following:

( a ) the navigi~tion of tcrritcrrial waters of the \ ' i r~ in Islands ant1 the operation of ports and 11;1rbour\ therein:

( h ) the registration and licensing of inland \rater craft and the fees to be paid in respect of the licensinc and registration thereor:

( C ) the issue of certificates of competency to inasters of inland \rater craft:

( d ) the transportation of passengers on inland water craf t ;

(ei the carr l ing out of surveys of motor, steam or <ailing \cssels arid the nature, quantit? and qo:~lit! of the vquip~nent to he carried on inland water craft:

(1, :he licensing, appointment and duties of surve!urs ~ n d the fees to he paid for surveyor's licences as !\ell as for surve!s carried out in respect of inland va t e r craft:

(g! t l ie classification o f in land water craft-and the exemption of any class o f in land water c ra f t f r o m the application of the regulations;

(h) t l ie placing o f buoys in the ter r i to r ia l waters o f the V i r g i n Islands;

( i ) t l ie admission o f persons and vessels to any ha rbour o r w h a r f and the order ly conduct o f persons whether employees o r not and vessels in o r near any harbour o r wharf ;

i,j! I l ie hours du r ing ~ v h i c l i the entrances o r outlets landtvards to and f rom a ha rbour o r w h a r f shall he op"i and cargo received o r delivered;

i k ) the embarkat ion o r landing o f passengers, crew and other persons at a ha rbour o r \rharf;

ill l l i c use of f ires and lights a t o r near a har l iour o r whar f o r any vessel at o r near a harhoor o r wharf ;

( n i l tl:~~ii;~ge to any ~~esse l o r goods o r i11,jury to al ly p e r % ) ~ i sustained wi t l i in t l ic prcc i~ lc ts o f a I i : l rbo i~r o r 11 II:II-f:

01) the IIS~ o f vehicles. cranes. fork l i f ts and other 11111hile pl:t~it i111t1 e(l11ilinie111 1)iIl1i11 t i le ~ i r c c i ~ i t l i of' :I \ v l ~ : ~ r k

(111 t l ic prescribing ol'r:ltes and dues to l ic charged for the use ilf' h;~rhours :tnd wharves:

i q i the licensing a ~ i d regulation o f stevedores. master porters. ship chandlers, pilots, divers, shipping ?gents. customs brokers. landing agents, f o raa rd - 111g agents. \vei~l iers. measurers of ~ u o d s a ~ i d other persons concerned o r engaged i n the pefurni- :111ve 01' any \ ' ~ o r l i o r h~~s iness i n ctrnnect i r~~l w i t h I l i l r I ~ o ~ ~ r s :

( 5 1 ti le i ~ s c i n terr i tor i ;~ l rv:lters of tlie V i rg i l l I s la~ lds o f t t - :~~is()or l ancl co ln~no l \ i ra t i on systems ancl l i3viga- t ioi ial :lids:

(t)',.,e restrict ion o f the use o f any beach fo r an! p a r t i c u l a r purpose o ther t h a n i n cases o f emergency;

(U) the prescr ib ing o f anything that is by this Ordi- nance authorised o r required to be prescribed; a n d

(V) the creation o f offences for breaches o f the regulations and provisions o f penalties not exceed- i n g $1,000 fo r the con~nlission o f any of' those offences.

88. ( 1 ) There shall be prepared b y t l ie Board and submitted t o ..\~~n~i.d

the h l i n i s t r r not la ter than the 31st h la rch o f each year a report o f R'i'cxl.

tl ie operation o f the ports and marine services i n the Ter r i t o ry .

(2) X copy o f every report rnenl io~led i n suhsec t io~~ (11 shal l he la id o n the table of the 1,egislative Counci l as soon as possil)le after t l ie receipt thereof b y the Rlinister.

0 . A i i y regulation made undcr this Ordiuauce which levies r\pprc~v:~l C I I ' fee for a l ly purpose shall not take efl'ect un t i l the salne has been ~ ~ r l : l i ~ l ,

i c p o l ; i t ~ n ~ ~ ~ . approved 1)). the 1,egislativc Council.

00. 'l'lic es t ;~ l~ l i sh~ i~en t of the I'orts and Rlar ine Services V r , u ~ ~ i \ i < > x ~ : d Oepartment u ~ i d e r section 3 of this Or t l i ~ iancc shall not 1)c l ' l ~ l '~~~c l~ ' '~ c o ~ i b t r ~ ~ e t l :IS :1ffccti11g :!~~ytl i i~if! t l o ~ i e l)? the 11iteri1ii 1'111-t : \uI l l t ) r i ty autl :III

(ill Ii:~hilities inc11rrcc1 l)?:

(1)) cul l tracts cntercd into: ant1

( c ) leg:~l proceedi~igs pentling ill the name of or agailist.

the 11lteri111 I'ort ,\uthority shall he treated as ir lcurretl h!, e ~ i t r r e r l iuto o r pending in tl ie name of or. as the case inay be. againsl the Crown.

91. . l'he enactments specified ill the f irst coluuin o f the 'l ' l i ird E ~ I . L C I I I I C I I : \

Sclietlule are :~ffected i n the resl)ects specilied i n the second co lumn ,"'c""i l ! ~ i r c l

tliel-cof opposite the part icular e ~ l a c t ~ i l e ~ l t . hchcciuir.

92. ( 1 1 l'he Harbours and \\I i3rves Ortl inance and t l ic i 'ort RCI>C;II #,l

Dues and Chnrpes O r d i n ~ n r e . 1971 are repealed. i . i ( l . 111 :,,,l1

( 2 ) Not\ i i thstanding subsection i I), the Schedule to the ~~~$~~~~ I'trrt Does :\nd Charges Ordiniince. 1972 rrn>ains in force i r s l t i l ,,,,,l I'llrt 1)ues :ind Charges :Ire prcscrihed under this Or t l i ~ i ;~ i l cc . i . i w ~ ~

' nnno~ce - 93. ?'l~is Ordinarice comes into operation on such day as the : n ~ . Governor appoints by proclamation.

Passed the Legislative Council this 17th day of December, 1985.

K. L. FLAX, Speaker.

M. G. BORDE, Clerk of the Legislative Council.

FIRST SCHEDULE

(Section 4)

Constitution of Port and Marine Services Board Matters related thereto

1. The Board shall consist of no less than 5 members, 2 of whom shall be ex officio members and 4 of whom shall be appointed by the Minister.

2. The ex officio members shall be the Director of Ports and Marine Services and the Conlptroller of Customs.

3. The appointed members shall consist of

( a ) a person experienced in matters related to ship- ping:

(b) ;I person experienced in the importation and exportation of goods:

(c) a person csperic~lccd in tourism: and

Id) one other person appoi~ltcd at the discrelion of the hli~iister.

4. I ' c r s~~~ i s referred to in l~or:~gral~li 3 shall be apl)ointed af ter c ~ ) ~ i s ~ ~ l t a t i o n with thc orpanisalio~is connected with busi~icss at the ports and 1vil11 tii:~rine :~cli~itic.s ill ttle Territory.

- 3. The hlinister shall. from anlong the appointed mcnihers, designate one member Chairman.

6. The Board sl~nll rrteet at such times and places 3.7 the Cliairma~i appoints hut meetings shall be held not less frequently than once eyer!. three months.

7. A majority of the members of the Uoard constitutes a quorum.

X. If' the Chairmar1 is absent from a liieetirrg the rr~rrnl)ei-s present and constituting a cluorum shall elect one of their melnhers other than an e r oJFcficio ~nember to he chairman Yor that nieetir~g.

9. The Chairman shall call a meeting of the Board i f at any time he is directed to do so by the Alinister and shall also do s o within 7 days of this being requested in writin% br 3 members to call u iiireting.

10. A member of the Board other than an e.=Jcio member nl:ly resign liis post by letter addressed to the Minister and from the date of the receipt of the letter by the Minister, the member ceases 10 be a ri~enlber of the Board unless a date is specified in the letter in \vhich case the member ceases to be a member from that date so sllecified.

11. Decisions of the Board shall be by consensus; but where this is not possible decisions shall be by the majority of votes cast except that where the voting is equal the Chairman has a casting \ote in addition to liis original vote.

I?. hlinutes of n i e e t i ~ ~ g s of the Board shall be recorded by a person assigned by tlie Director from among his staff to be Secretar! of tile Board.

13. 1)ecihiolls of the Bo;lrd shall be signitietl under the hand of the Cllairman for that ineeting.

1.4. hlenihers of the ilo;lrd shall be paid such remuneration a s t l ~ c ( ;o \crnor ill Council determines.

l . Su1)jecl to this Scliedulc, the l lo;~rd max regulate its 0w11 proceclure.

I.ist of I'nrts ill the Virgin Islands

I. Itond Ilnrborrr rvhich i~lcludes all tllat area of rrater and fiiresliore lying to the north of a11 imaginary line drawn from Ilurt l'oint to Ifog I'oint, i l l the isl:l~id of 'I'urtola.

3 -. 11'c~.v! /<rrd HilrI)o~rr \!hicl1 i~icludes all that area of \ \a ter :111d f ~ ~ r c s l ~ o r e I!irlg h e t ~ i e e r ~ the isl:~rldh of Torfol :~ ant1 Frerrch- 111an's Ca! bounded on the nest by all iniaginary l i~ie joiiling tlie rvesternmost point of Frenchman's Cay to the westernnlost point of I'ortola at Steele Point. \Vest Elld. and on the east by the causeway co~lllecti i~g Frenchman's Ca? \!it11 the island of 'l'ortola.

3. ( ; r c ~ ! /far-bofrr (.lost \'an l)yl<e! I! hich i~lcludes all that :lrea i I l c r a l y to tile nortll of. and ellclosed b!, a n irnaxinar-X line ,joinin:: 110:: Hole Point and Uetty Brorvn Rock in l ' h ~ i r i ~ a s Georgr Bay, i r i the idand of .lost V311 Djlie.

THIRD SCHEDULE

(Section 90)

ENACTMENTS AFFECTED

FIRST COLUMN SECOND COLUMN

Foreign Shipping (Agreements) Act (Cap. 120)

Harbours and \Vliarves Ordi- nance (Cap. 122)

Receivers of Wreck Act (Cap. 126)

I'ort 1)ues and CIi;lrges Ordi- ice 1972

Subst i tu te "the Director of Ports a n d Rlarine Service" for "a Harbour klaster" and "the Harbour Master" respectively \rherever they appear therein.

\{'hole Ordinalice repealed.

Substitute "l)irector of Ports a n d Rla r ine Services" f o r "Financial Secretary" \ \he r - ever it appears therein.

IVhole Ordinance except Sche- dules repealed.

I'ower Crafl Ordinance. 1972 In seclion 5, substitute "oflice of the Oirector of I'orts mid Rlari~ic Services" for "11ar11o11r Rlaster's office".

I~splosiscs Ordinance, 1977 Suhstitute "Director of I'orts a n d hl;lriiie Services" f o r port^ R f a ~ ~ a g c r " wherever it appears in subsections 12). 13) ancl (4) of sectiori 9.

Harbours and \Vharves Regula- The Harbours and \\harves lions made under Cap . 122. Regulations shall, until reyoked

and replaced be read and con- strued a s if the title 'Director o f I'orts a r ~ d Rlarine Services" a n d its variations \rere used therein instead of the title .'113r110ur master" and its \.ariatiolls.

-1. S r . Tilot~rris /In?. which i ~ ~ c l u d e s all that area of\vater I!ing ~cr iera l i? to the east of. a ~ l d e~lclosetl h?. a n imaginary line draxrn I'roiii Collision t'oint to Fort Point. on the island of V i r g i ~ ~ Gord;~.