saint vincent and the grenadinesfaolex.fao.org/docs/pdf/stv8002.pdf · no. 26. 130,st. vin(~ent and...

129

SAINT VINCENT AND THE GRENADINES

ACT NO. 26 OP 1987

I ASSENT

[ L.S.l ,JOSEPH L. EUSTACE,Governor·Generai.

2nd November, 1987.

AN ACT to provide for the establishment of an Authorityto be known as the Saint Vincent and the GrenadinesPort Authority; to provide a coordinated and efficientsystem of port facilities and services; and for the purposeof providing duties and powers of the Authority andfor the transfer to, investing in the Authority of functions,assets and liabilities of the Port andlVIaril1e Departmentand the Saint Vincent Port Authoriv established underthe Port Authority Act, 1975, and other matters relatedthereto and connected therewith,

[On Proclamation JBE IT fi.-rACTED by the Queen's Most Excellent

Majesty, by and with t}le advice and consent flI the Houseof Assembly of Mllint Vincent and the Grenadines, and bythe authority of 111e same, as follows:

I, 'I'hts Act may be I'ritl:'O as the Saint Vincent and the Short titleGrenadines Port Author-ity Acto 1987 and shall come into and 0 nt• . ' '" " common ~ meopr,rfltton on such date as the Governor-General maY,byProclamation, appoint.

2. In this Act Interpretation

"animal" means any animate thing of any kind excepta human being;

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,St. Vin(~ent and the Grenadines Port Authority

"Authority" means the Saint Vincent and the Grena.dines Port Authority established under section 3;"Authorized OfficerI, means a person authorized bythe Port M:ana~er to exercise the powers or performthe duties in respect of which the expression is used;"Authority Pilot" means a pHot employed by theAuthority p,UI'sua.nt to the provisions of seetion53;"beacon It means any light, mark or sign used as anaid to navigation, other than a light-house or buoy;"buoy" includes any floating light, mark or sig-ll usedas an aid to navigation other than a lighthouse;II Chairman" means the Chairman of the Authorityappointed under section 5 (4lo:r any person for thetime being performing- the functions of Chairman:"charges" means any charges or rates levied by theAuthority under this Act and includes any rent, butdoes include dues ;"Council" meant> the Council of the Authorityappointed pursuant to the provisions of section 5:"dues:" include pilotage dues, port dues, tonna,gedues levied under this .A.etbut does not include rates;"ferry" means any vessel plyin« from one side of awaterwae to the ether or from one locality within theState to another for the purpose of the carriage ofIro'ods or passengera:"financialyeal'''means such perio.d (of twelve monthsas the Authority with the approval of the Ministermay determine to be Its Bnancial year, so, however,that the first financial year shall be the period commencin~with the commencement of this Act andending withsnch day as shall be ftxedby theAuthority;"goods" means all kinds or moveable property ineluding animals;'"Harbour Master" means the Harbour Masterappointed pursuant to and having the powers as setforth in section 14 (3) ;

"local authority" means the Kingstown Town Boardconstituted pursuant to the Kingstown Town BoardAct, 1970 (No. 22 of 1970), or any town. 'Villa~e OTdistrict council constituted pursuant to the IJocal

Government Act 1951 (No, 17 of 1951) ,;

1987

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St. Vincent and the Grenadines Port Authority 1987.

"Mastel'" in relation to a ship means any person(other than an Authority Pilot) having charge for

the time being of that s-uip;"member" means a member of the Council ot theAuthority appointed under section 5 (1);"Minister" means the Minister having responsibilityfor Communications and W&rks ;

"owner" when llsedin relation-

(a) to goods. includes any eonsigner, consignee,shipper or agent of the owner £01' theeaIe.custody, loading, handling, discharge Oil' deliveryof such goods;

(b) to any ship, includes any part owner, charterer,operator, consignee Or mortgagee in possessionthereof or any duly authorized agent of suchpersoa ;

"perishable gooda" means goods liable to rapiddeterioration and, in partieula-r,i:ncludes fish, fmit,vegetables, meat, poultry, game, butter, eggs, milk,cheese, plants, small animals or any other thing whichthe authority may by notice published in the Gazettedeclare to be perishable goods;i'Pe;rmanent Secretarry' 'includes a nominee appointedby a Cabinet;"Pilot~e Committee" means the Pilotage Committeeappointed under section 54 of this Act;"Ports" means any plaee declared to be a port undersection 3 of this Aet;"Port Mana~er" means the Port manager of theAuthority 3ippointed under section 13 and includesany person appointed to act ItS Pod Manager;"premises" includes any immovable property whetheropen or enclosed. whether built on or not, whetherpubHe or privtr.tl'l and whether maintained or notunder statutory Authority;"Security Guard" means 's Security ~u.a.t"d appoi'11~edby the AuthQrity pursuant. to the provisions of sectIon94;"reAUlations" means the regulations made UDder thitAct:

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Designationor 1'",t.

l!:stabllshmcnt.or:Alithority

Constitutionof thoAuthority

"ship" includes any ship, vessel, tug or boat of anykind whatsoever whether the same is propelled bysteam or otherwise or is towed;"Ta;riff Book" means the Tariff Book prepared andpublishedunder section 51 of this Act;, 'vehicle" means any vehicle towed or propelled byany means whatsoever for the portage of goods orpersons otherwise than by sea.

3. (1) The following ports are hereby declared to beports within the meaning of this Act:

(a) Port of Kingstown;. (b) Port of Bequia;(c) Port of Mustique :(d) Port of Union Island;

as further described in the First Schedule to this Act.

(2) The Minister may, after consultation with theAuthority, by notice in the Gazette,declare any other areato be a port for the purposes of this Act and shall, in suchnotice, define the limits of the port,

PART IIESTABLISHMENT, CONSTITUTION, MANAGEMENT

AND STAFF

4. (1) There is hereby established for the purposes ofthis Act a body to be called the Saint Vincent and theGrenadines Port Authority.

(2) The Authority shall be a body corporate withperpetual succession and a common seal and with power assuch to enter into contracts,to sue and be sued by law inits corporate name and may for all purposes be describedby such name, to acquire, hold, mortgage, lease and disposeof all kinds of property moveable and immoveable and todo and perform such acts and things as bodies corporate mayby law do and perform subject to the provisions of this Act.

5. (1) The Authority shall be administered by a Council, ..hich shall consist of nine members as specified in subsection(~) all of whom shall be appointed by Cabinet.

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St. Vincent and the Grenadines Port Authority

. (2) The members of the Council shall be:

1987 .

(a) the Direll't01" General of Finenee and Planningor his designate;

(b) the Permanent Secretary of the l\'1inistry ofTrade, Industry and Agriculture or his designate;

(c) the Permanent Secretary of the Ministry ofCommunieations and Works or his designate;

(d) a nominee of the Saint Vincent Chamber ofCommerce;

(e) a nominee of those persons perdorming thefunctions of ship!pling agents;

(f) two persons to be appointed by Cabinet, onesuch person with marine experience theother frOID the Agroicultural Community;

(g) two persons with special interest related toPort and Port matters to be appointed byCabinet.

(3) A member appointed under subsection (1) SlU1Uhold office for a period not exceeding three years, as theCabinet may direct and shall in ceasing to be a member. beeligible for re-appointment;

Provided that where a member ceases to be a memberfor any reason Cabinet may appoint another member subjectto the provisions of subsection (1) in his place for the remainder of the time for which the former member would haveserved but for his ceasing to be a member.

(4) The Qh,aimnan and deputy Chairman of theAuthority shall be appointed by the Cabinet from themembers of the Council.

(5) In the event of incapacity from illness Or othertemporarv cause or of the temporary absence from the Stateof any member Cabinet may, subject to subsection (1). appointBorne other person to act as a temporary member during thetime such incapacity or absence c'ontinues. .

«i) Cabinet may. at any time revoke the appointmentof any member if it considers it expedient so to do.

(7) The aopointment of any member and the termination of office of any person as a member whether by death,resignation, revocation, efflnxion of time or otherwise shall

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134St. Vincent and the Grenadines Port Authority 1981.

;""",1 or till>Auth.ority

Serv;"'e of!netic..

(8) The Port Manager shall be the Secretary of theCouncil.

(9) The Port Manager appointed pursuant toprevious legislation shell, on the coming into operation ofthis Act, continue as Port Manager until such time as a PortMana~erisappointed under this Act.

6. (l) The Seal of the Authority shall be kept in thec1lStody of the- Port Manager and may be affixed to instruments pursuant to a re,solution of the Authority and in thepresence of the Chairman or Deputy Chairmen and the PortManager.

(2) The Seal of the Authority· affixed to any instrument under subsection (1) shall be authenticated by thesignature of the Chairman or Deputy Chairman and thePort Manager, and such seel shall be offic~lly and judiciaHynoticed.

(3) All deeds, instruments, contra.etsand otherdocuments, other than those ,required by law to be underIleal, made by, and all decisions of, the Authority may besignified under the hand of" the 'Chairman or Deputy Chairmanor Pi()rt Manager.

7. (l) Serviee of any notice, order or other documentrequired or authorized under this Act or any regulation tobe served on any person by the PQrt Manager, any authorizedofficer or officers may be served .......

(a) by delivering it to the person ; or(b) by leaving it at the usual or last known plaee

of abode of the person; or(c) by sending it by l'egistel'ed post addressed to

the person at his usual or last known address.

(2) Service of any notice, order or other documentrequired or authorized under this Act or any regulation tobe served on the Port Mana:ger.any authorized officer orefficers may be served-

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St. Vincent 'and the Grenadines Port .Authority 19B7.

(a) by delivering the notice or other document tothe Port Manascer or to the Authorh:ed Officer;or

(b) by leaving it at the office of the Port Manager ior

(c) bysendiag it by registered Post addressed tothe Port Manager ~t the office of the Auth-Ority.

8. (1) The Authority shall meet as often as may be Procedure;mdnecessary Or expedient for the transaction Df. its bllSiness and meetiu/f8such meetings shall be held at such timesalldiplacesa.s tke 1 the.Authority shall determine, provided that not more than.t\Vo ut:lwritymonths shall elapse between such meetings.

(2) The Chairman or in the event of hisbein.2aDsentfrom the State or for any reason whatsoever he is unable toact, the Deputy Ohairman may-at any time call. a specialmeeting 6f the Authm"ity. and shall call a ". special ... meeting

(a) 'W'i'thiJi seven d,ays ma requisitio)1f'O'r"thatpurpose addressed to him by any four membersto consider the matters contained iasuohreqnisition j

(b) when directed by the Minister to do so.(3) The Chairman or. in his absence, the D¢Pnty

Chairman shall preside at every meeting of the Authoritylind shall, in the event of equality of votes" have acflstingvote, in addition to his own vote; provid-ed that iIi thealraencej)f the Ghairmanand the Deputy Chainmm the .ll:lemhe:rsp~e:s,ent may elect one of their number to act 118 Chalrnutn,efthat meetina until the arrival of the Chairman or DeputyCh:airman.

(4)Th~ quorum neceSBary fDr the 'trll:nsncU6n'rGfbusiness of the Authority shall be six, proVided that~heTeany member is disqualified from taking part in any deliberation or deelsion of the Authority, with respect to any matter,be shall be disregarded for the. purpnse of constitutlnga,quorum for deliberating' on ordecidin!r that :matter.

(5,) The decision of. the Authority"'ith regard toany question shall be determined by vo't'eof· the majorit,Yofthe members presem at the meeting of the :Authority.

(6) Minutes of the proceedings of each meetin.g of.thtl Authority shall be kept in such zaanner .IllS the Authoritymay determine and shall be confirmed by the Autliority aLthe next meeting and signed by the Chairman or the DepntyChairman as the case maybe.

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·St. Vincent and the Grenadines Port' Authority 1987.-------------------------------------'----

(7) The Authority may co-opt anyone or morepersons to attend any particular meeting of the Authorityfor the purpose of assisting or advising, the Authority, butno such co-opted person shall have any right to vote.

Disclosure otinterest andabataininafrom voting

Remunerationof members

Appointmentofcommittees

(8) Subject to the provisions of this section, theAuthority shall have power to regulate its own proceedings.

9. (1) It shall be the duty of a member who is in anyway, whether directly Or indirectly, interested in an appli-

· cation to the Authority for a contract or proposed contractwith the Authority, to declare the nature of his interestat the first meeting of the Authority at which it is practicablefor him to do so.

.(2) A member shall not vote in respect of anyeontraet or proposed contract with the Authority in which

·he is in any way interested, whether directly, or indirectly.

10. There shall he paid to theCnairman and othermembers of the Port Auilioritysuch salaries, fees and allowances 'out of the funds of the Authority 'as the Minister mayfrom time to time approve. .

~1. . (1) The A1,lthority may appoint a committee of the'.Authority to examine and report to it on any matter whatsoever arising- out of or connected with any of its functionsunder this Act.

(2) Any such committee shall consist of at least twomembers together with such other persons, whether membersor 'not, whose assistance or service the Authority may desire.

(3) Where persons; other than members, are· members of a committee appointed under this section, or

where any person is co-opted under the provisions of section8 (6), the Authority may with the approval of the Ministerby resolution declare the remuneration and allowances ofsuch persons,' and such sums shall properly be payable outof the funds and resources of the Authority.

(4) The Authority may by resolution rejeot thereport of any such committee 01' adopt it either wholly orwith such modifications, additions or adaptations as theAuthority may think fit.

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(a)

(b)

13. (1) The Authority may delegate to any member Power toor committee of the Authority, or to any employee of the delellatoAuthority, such of its powers and functions. other than thepowers to make rules and regulations, prescribe and levydues and rates and to borrow money, as it may deem necessarysr desireable.

(2) Any function delegated under this section:

(a) may be delegated subject to such conditions orrestrictions that the Authority may eithergenerally or specially impose;

(b) shall be exercised by the commitee or employeeeoncerned in the name of and on behalf of theAuthority;

(3) The delegation referred to in subsection (1)shall not preclude the carrying out of any of the duties bythe Authority itself.

13. (1) The Authority shall, at such salary and upon Appointmentsuch terms and conditions as it mary determine, ap·poiruta of PortManagerPort Manager;

Provided that such appointment shall be subject toshe approval of the Minister,

(~) The Port Manager tshall

be the chief executive officer of the Authorityand shall exercise all the functions entrustedto him by this Act and any regulations;

carry out the directives of the Authority pertaining to their powers and duties as set forth;n this Act;

(c) be present at all meetings of the Authorityunless he has obtained leave of absence fromthe Chairman or is incapacitated by illness orother cause from attending such meetnig ,

(3) Without limiting the goenerality of subsection (2)the Port Manager shall be in chargeo£ the implementationof policy of the Authority and shall be in charge of allemployees appointed and employed by the Authority.

No.21S, St. Vincent and the Grenadines Port Authority 1987.

Appointmentof oftieersand servants

(4) In the event of the absence of the Port Manager,the Authority may by instrument in writing and with theapproval of the Minister, appoint any person to act as PortManager during the period of such absence upon such termsand conditions as it may determine. The person so appointedmay exercise all the powers and ull the duties by this Actexercisable or to be performed by the Port Manager or asmany of such powers and duties as may be specified in suchinstrument.

g. (1) The Authority may appoint and employ at suchremuneration and on 1""3h terms and conditions as it thinksfit such officers and servants as it deems necessary for theproper carrying> out of its~unction!l under this Act.

(2) The persons so engaged shall perform such dutiesas may be assigned to them by the Poet M,unagcil' as directedby the Authority.

(:1) The Author-ity may appoint and employ, inaddition to such other offieers and servants as set forth insubsection (1). a Harbour Master who shall report to andfake directions from the Port Manager and shall, pursuantto those directions be responslble for

(a) the erantine of pratique and issuinc clearances to all ships entering or leaving the State;

(1)) the keeping of st-atistics on the movement ofships entering the 8t8Jte from a foreign port;

(c) the duties as defined under the QuarantineOrdinance;

(d) the admeasnrinn of ships f'Oil" tonnage, ete..

(e) the examination of boats for seaworthiness andto issue passenger Iicences ,

(f) his being Chairman of the Board of Examinersfor the issue of Ma'ster's Certificates of' Compotenee ,

(g) t~e engagement and discharge of seamen;

(h) snch other duties as may be assigned frOID tim'!!to time by the Port Manager.

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(4) In the exercise of his powers, functions and dutiespursuant to subsection (3) hereof' the Harbour Master may actthroug-h such public officers as he may, with the approved ofthe Authority designate.

15. The validity of any act done or proceedings takenunder this Act shall not be questioned on the ground of-

(a) the existence of any vacancy in the membershipof, or any defect in the constitution of, theAuthority; or

(b) the eontraventicn by 11 member of the provisions of section 9 ; or

(c) any omission, defect or irregularity not affecting the merits of the case.

16. No personal liability sh1111 attach to any memberin respect of anything done or suffered in good faith underthe provisions of this Act, and anysums of money,. damagesor costs which may be recovered against any such memberin respect of any act or thing done bona fide for thepurpose of carrying this Act into effect shall be paid out ofthe funds and resources of the Authority.

17. (L) The Minister may, after consultation with theChairman give to the AUJtiIrorrity direotions ofa special .or~eneral character as to the policy to be followed in the performance of its functions in relation to matters lIJP;~e'arin.gto him to concern the publie Ineerest.

(2) The Authority shall furnish the Minister withsuch returns, accounts and other information as he may requirewith respect to the property and activities of the Authority,and shall afford to him facilities for verifying such information in such manner and at such times as he may reasonablyrequire.

Proteetioll ofAuthority

Protection ofmembers

Policy

18.for the

(1) The Minister may make regulations providingestablishment of a consultative body-

(a) to. :r:epresent the interest of persons usingfacillfice under the control or the Authority;

(b) for holding of consultations between the bodyand the Authority; .

ConsultativeBody

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Powers andDuties

(c) enabling the body to make representations tothe Authority, or to any particular member orofficer of the Authority with a view to safeguarding those interests.

(2) Such regulations may contain such incidentaland supplemental provisions (excluding provisions for themaking of payments) to persons serving on that body as theMinister considers expedient for the purposes of the regulat'ons.

PART IIIDUTIE8 A},TD GENERAL POWERS, PROVISIONS

REL~TINGTO LAND, PROPERTY AND UNDE1"tTAKINGS

OF THE AUTHORITY

19. (1) Snbiect to t1,C provision!'! of this Act, tbtAuthority is hereby smpowered to provide in accordance withthe provisions of this Act and any regulations a coordinatedand integrated system of ports, lighthouses and port services,within the hflllnn 11 ries of the ports under its jurisdiction :;'8

set forth in this Act.

(2) Subject to the provisions of this Act, theAuthority may ftlr the purpose of performing any of itsfunctions under this Act, do anything and enter into anytransaction wIJicI1 in the opinion of the Authority, is necessaryto ensure the proper performance of its functions.

(3) In particular and without prejudice to the ~enel'

al ity of the provisions of subsections (1) and (2) it is theduty of the Authority-

(a) to operate the ports as a nnears to it 'bestcalculated to serve the public interest ;

(b) to regulate and control navigation witMn thelimits of such ports and their approaches :

(c) to maintain, improve and reg-ulate the use ofsuch ports and the services and facilities therein3S it considers necessary or desirable;

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(d) to provide fOr such ports and the approachesthereto such pilotage services, beacons, buoysand other navigational services and aids asit considers necessary or desirable;

(e) to exercise the duties and functions formerlyexercisable by the Port and Marine Departmentand its officers appointed under and relatingto the following Acts.

a. the Port Officer's Act;b. the Pilot's Act;c. the Kingstown Harbour Regoulation Act.d. Harbour Dues Act;e. Quarantine Act; .f. Passenger Boats Act;

1987.

but where the provision of any of the aforementioned Actsconflicts with the provisions of this enactment, it is deemedthat this enactment takes precedence;

(4) Subject to the provisions of this Act, theAuthor-ity shall, for the purposes of carrying' out the dutiesimposed upon it, have power-

(a) to appoint, license and regulate weights andmeasures of goods within the port;

(b) to 'acquire any undertaking provided or in.tending- to provide any services or facilitieswhich the Authority is competent to provide;

(c) to provide services within the limits of anyport or approaches to any port-

(i) in berthing, towing, mooring, moving, shiftingor docking any vessel;

(ii) in loading or discharging goods and embarking- or disembarking- passengers in or fromany vessel;

(iii)' in sorting, weighin~, measuring, storing, ware,.housing- or otherwise handlinz any goods ,

(iv)' in providing storage;

(d) to supply fuel or water to vessels i

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St. Vincent and the Grenadines Port Authorityc • __c__,. _

1987.

Compulsoryacqu isit.ionof land

Power to vcstrcclnmnt.i onsin Authority

(e) to provide and use vessels and appliances forthe purpose of rendering assistance to anyvessel or recovering property lost, sunk orstranded;

(f) to provide such fire services both within thelimits of a port and on the high seas, as may bedeemed necessary by the Authority for purposeof extinzuishina fires on land, sera or aflo~J. andof preserving life land property.

(5) The powers conferred by subsection (4) of thissection shall be in addition to and not in derogation of anyother power conferred upon the Authority by this or anyother Law.

20. (1) 'Cabinet when as often as land is required fortho purposes of this Act, may acquire either by private treatyor compulsory under the provisions of the Land AcquisitionAct any lands. and may exercise all powers under the Actin relation to any acquisition or intended acquisition of suchlands.

(2) Cabinet may upon such terms and conditions asit may determine, vest any lands acquired in the Authorityby order declaring that such lands shall vest in the Authorityas from the date thereof. Any such order shall be publishedin the Gazette and shall vest the lands absolutely in theAuthority as from the date thereof, free from any encumbrances of any nature whatsoever.

(3) Nothing herein contained shall prejudice theright of any person having any interest in any lands acquiredasaforcsaid within the provisions of the Land AcquisitionAct;

Provided, however, that compensation for any landsacquired under this section shall be detemined in accordancewith the provisions of section 19 of the Land Acquisition Actsave that the date at which such compensation is to be assessedis the date from which the declaration pursuant to section 3of the said Act shall be published.

21. (1) Any wharf', dock or other public work construction by the Government alollg,across or extending out fromthe foreshore within the limits ot the port and the land onwhich the same is constructed, any land reclaimed from the

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St. Vincem _dd the Grenadines Port Authority 1987.

sea, and any part ef the foreshore situate within the limitsaforesaid, may be vested in the Authority upon such termsand conditions as Cabinet may determine.

(2·) Nothing in this section shall he taken to derogatefrom Or interfere with the use of private rights and thepayment of adequate compensetion under any enactmentproviding for compensation.

22. When any apparatus, fixture or fitting is placed inor upon any premises not being in the possession of theAuthority for the purposes of carrylng out the functions ofthe Authority, such apparatus, fixture or fitting shall not besubject to distress or be taken in execution under process ofany court or any proceedings in bankruptcy against theoerson in whose pcssession the same may be.

PART IV

FINANCIAL

Apparatus'. etc.not subject todistress. etc.

24. (1) The Revenue of the Authority s11a11 consist of-

(a) the sums received by the Authority in respectof dues and charges levied and payable in pur.snanee of the provisions of this Acot and anyregulations, including revenues attributable tofunctions performed by the Harbour Master;

(b) such sums as the Authority may borrow formeeting any of its obligations or dischargingits functions;

Revenue ofAuthority

(c) all other sums that may become payable to orvested in the Authority in respect of any matterincidental to its powers and duties.

(2) All sums referred to in subsection (l) shall bepaid into and placed to the credit or an account at a Bankapproved by the Minister.

24. The revenue of the Authority in any financial year ARPplicationf of

1, d . h J! "II . " h avenue 0shall be app ie in payment of t e .1.0 owing c arges;- . Authority

(a) the interest and sinkin/:r fund contributions Gil

any loan payable by the Authority:

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St. Vincent and the Grrmadines Port Authority ]987.

Temporaryinvestmcstof funds

Power toborrow

(b) the sums required to be paid to the Governmenttowards the repayment of any loan made bythe Government to the Authority;

(c) the remuneration and allowances of membersand of any committee of the Authority;

(d) the salaries, remuneration, allowances, pensions,gratuities, provident fund and other superannuation benefits of the officers and servants,employed in or in connection with the activitiescarried on by the Authority;

(e) the workinrrand establishment expenses of, andthe expenditure on, or provision for the maintenance of the property and installations of theAuthority, and the discharge of the functionsof the Authority properly chargeable to revenueaccounts;

U) such sums as the Authority may deem appropriate to set aside in respect of 0 bsolescenceand depreciation or renewal of the propertyOr installations of the Authority, having regardto the amount set aside out of revenue undersnbseetioas (a) and (b) of this section;

(g) the cost, Or any portion thereof, of any newworks, plan or appliances not being a renewalof property of the Authority, which theAuthority may determine to charge to revenue;

(h) sums to be appropriated to the Reserve Fund;

(i) any other expenditure authorized by theAuthority and properly chargeable to revenue.

25. (1) The Author-ity may from time to time temporarilyinvest, with the approval and in such manner as the Ministermay direct, any of its funds not required to be expended inthe meeting of its obligations or in the discharge of itafunctions.

(2) All interests from such investment shall he paidto the credit of the Authority's accounts as provided insubsection (2) of section ~4.

26. (1) Subject to the provisions of this Act theAuthority may from time to time for the purposes of thisAct raise loans-

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(a) from the Government; or

(b) with the consent of the Mini.ster from anyother source.

1987.

(2) The power to borrow under this section may be!xercised_

(a) to borrow and reborrow moneys by the issueand sale of debentures or debenture stock orother security for th~ purpose of raising the

funds of the Authority for the effectualexercise by it of the powers conferred by thisAct;

(b) to create sud issue debentures or debenturestock or other sec.urity for any debentures ordebenture stock or other security issued inrespect of moneys previously borrowed by theAuthority, and not repaid;

(c) to create, issue and sell debentures or debenturestock or other security for the purpose ofborrowing money for redeeming any loansowing by the Authority and for paying theexpen~es incurred in the issue and 'J!'{'fltiou of

the debentures 01" debenture stock 01' othersecurity and otherwise carrying out the provisions of this Act;

(d) to effect any concession authorized by thissection, either by arrangement with the holdersof the existing debentures or debenture stockor other security, or by the purchaser of thedebentures or debenture stock or other securityout of moneys raised by the sale of the

debentures or debenture stock 01' other security.or partly in the one way or partly in the other.

(3) Without prejudice the next following section,the power of the .Authority to borrow under this section shallnot l)e exercised unless a proposal in w:ritin~ showing-

(a) the amount and pltrticulars of the proposedloan;

(b) the rate of interest to be 'Paid on the loan;

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St. Vincent fend the Grenadines Port Authority 1987.

Temporaryhrrrowing

Gunrm.tecof borrowingof AULllority

(c) the source or sources from which the loan isto be obtained;

(d) the purposes to which the money proposedto he borrowed is to be applied; and

(e) the manner in which the loan is to be repaid;is first submitted for the approval of the Minister.

27. The Authority may, with the consent of the Minister,from time to time, bovrow by way of a temporary loan oroverdraft from a bank Or otherwise, any sum which it maytemporarily require-s-

(a) for the purpose of defraying expenses pendingthe receipt of revenues recoverable by it inrespect of the period of account in which thoseexpenses arc;

(b) Io r the purpose of defraying, pending thereceipt of money due in respect of any loanautho rized to be raised under subsection (1)of section 26, expenses intended to be defrayedby any such loan.

28, (1) "Vith the approval of the House of Assend11yCabinet may guarantee, in such manner and on such cuudinons as it may think fit, the payments of the principal andinterest of fu"1y authorized borrowing of the Authority,

(2) Where Cabinet is satisDed that there has beendefault in the payment of any principal money; or inte: estguaranteed under the provisions of this section, it shall drectthe repayment out of t}:lC Consolidated Fund cf the amountin respect of which there lies been such default.

(3) The Authority shall make to 1110 ACcountantGeneral at such times and in such manner as Cabinet maydirect, pnyncnts of such amouns as mav be so di-cctcd in ortowards repayment of any sums issued in fuHHmcnt of anyQ'uflnm'ee gil'en under this section, and navments of intereston what is 011 :stanc1hw for the time being in resncct of anvsnr-is so issued at snell rate as Cabinet may di~crt. anddifterent rates ofintercst mal' be directed as rerrards differentsums and as regards interest for different periods.

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St. Vincan t nnd the Grenadines Port Authority 1987.

20. T11C Authority shall establish a Reserve Fund which811a11 be dealt with and applied in accordance with any directionwhich may from time to time be given to the Authority byCabinet.

30. Any balance at the end of the financial year resulting from the activities carried on by the Authnrity under thisAct which is available after making full allowances for mattersenumerated in section 24, and having a reasonable reserve forfunctions of the Authority, in future fin8ncial yea-:,-s,shall bepaid to the credit of the Consolidated Fund.

31. (1) The Authority shall cause to be prepared everyyear estimates of expenditure and revenue in respect of' theensuing financial year and shall adopt such estimates in respectof that year.

(2) Supplementary estimates may be adopted at anymeeting of the Authority.

(3) A copy of all estimates of revenue and expenditure in respect of the financial year and supplementaryestimates in respect or that year shall upon adoption by theAuthority be sent to the Minister.

Reserve Fund

Applicationof Surplus

Estimates inrespect of .financialyear

32·. (1) The Authority shall keep proper accounts of its Accountstransactions to the satisfaction of the Minister and a state-mr-nt of accounts shall be kept and made up in respect ofeach financial year.

(2) Tl,c st.atement of ar001111t.::: in respect ofench.financial year s11a11 p"080nt. a true and fair view of the flnanc'alposition ~f: the Authority and of the results for the financialyear to which it relates, of the operations of the Authority,

3~. (1) T11c aCC011'11S of t1,O Aufhoritv S11811 be audited Auditin e"ch flnancial vear by a qualified accountant appoiratedby the .Authocijy with the approval of Cabinet,

(2) Tlle Cormeil officers and servants of theAuthor:ty shall g-rant 1:0 the Accountant appointed to auditthe accounts undor 1311 b8or+ion (l) all books, deeds, eontraets,accounts v011c11('-s or other documents which he may deemneeessarv to call for. and may require anv "person holdingor accountable for any such document to appear before him

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Alleountant'lReport

Report

Liability torloss, etc. otgoods

~--------------~--_.. --,

and make a signed statement in relation thereto and mayrequire from such person such information as he deemsnecessary.

(8) Any person to whom a request to produce adocument or to enter an appearance and make and sign astatement or furnish information, fails without reasonableexcuse to comply with such requisition commits an offenceunder this Act and is liable on summary conviction to a finenot exceeding' five hundred dollars or to a term of imprison.ment not exceeding three months.

84. Such accountants shall as soon as practicable andnot later than three months after the accounts have beensubmitted for eudit, send an audited statement of account"and their report in respect of their audit tor the financialyear to the Authority.

35. (1) The Authority shall as soon as practicable andnot later than one month of the receipt of such accounts landreport as provided in section 34 submit a report to theMinister containing-

(a) a statement of such accounts of the Authority i

(b) an account of the activities of the Authorityduring' the preceding financial year in such formas the Minister may direet.

(2) The Minister shall cause a copy of the reporttogether with a copy of the audited statement of the accountsand theuuditors report thereon to be laid on the table ofthe House of Assembly at the meeting of the House orAssembly next after the receipt thereof.

36 (1) Subject to the provisions of this Act or anyregulations or or any contract, the Authority shall not beliable for the loss, misdelivery or detention of or damage togoods-

(a) delivered to or in the possession of the Author.ity, otherwise than for the purposes of carriage1':nd wat'ehouRin~ except where sneh loss, misdelivery, detention or damage is caused bywant of reasonable foresight and care on the

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part of any person employed by or on behalfof the Authority;

(b) accepted by the Authority for carriage or ware.housing where such loss, misdelivery, detentionor damage occurs otherwise than while thegoods are in transit or being warehoused and isnot caused by the want of reasonable foresightand care on the part of any person employedby or on behalf of' the Authority:

(2) The Authority shall in no case be liable ior loss,misdelivery, detention or damage arising from-

(i) act oif Gad:

(ii) ad of war or the Queen's enemies;

(iii) arrest or restraint of princes or rulers orseizure under legal process;

(iv) act or omission of the consignor, consignee, ordepositor 01" of the servant or agent of anysuch person j

(v) fire, flood, tempest, riots, civil commotion,strikes, lock outs, stoppage or restraint oflabour from whatever cause, whether partialor g-eneral;

(vi) inherent liability to wastage in bulk or weight,latent or inherent defect, vice or naturaldeterioration;

(vii) deficiency in the contents of unbroken pack.nges;

(viii) insufflcieney or improper packaging or leakagefrom defective drums, containers or packages.

(3) Where loss, misdelivery, detention or damageoccurs in relation to goods accepted by the Authority forcarriage or for warehousing the limitation contained in section46 of this Act shall apply.

37. (1) The liability of the Authority in respect of any Limi~at~o~goods accepted by tl;e Authority for carriage or warehousing" ,{ i'Ub]1J~Yand in relation to which an account false in any material whC:reofil:ee.,particular hall been given under section 48 of this Act, shall account is

given

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St. Vincent end the Grenadines Port Autliority 1987.

Dues andchargeswhen due

Dues andcharges inrespect ofshit)

Appointmentof A::;:ent

Securitycharges

not in any case exceed the value of the goods as ealcnla.' edin accordance with the description contained in such falseaccount.

(2) In any proceedings broucht under section 36 ofthis Act, against the Authority. it shall not be necessary forthe person claimng damages or compensation to prove howthe loss, misdelivery, detention Or damage to goods wascaused.

PART V

DUES, CHARGES AND TARIFF BOOIe

38. All dues and charges payable under this Part shallbe paid at the time specified in the regulations in relationthereto and where no such time is specified any dues andcharges shall he paid on demand; all dues and charges shalll.e (~,;emc(l to have been demanded ['.-11c1: fall due inaccordance with the regulations.

39. Subject to the provisions of this Act and any regulations made thereunder, eve-ry ship which-

(a) enters a port for the purpose of loading ordischarging cargo or embarking or disembarking' passengers; or

(b) occupies an anchorage or berth within the port

shall pay to the Authority the dues and charges in respect ofsuch ship and for any service performed 01' facility providedin respect of such ship in accordance with the regulationsunder this Part.

40. Every ship shall appoint an agent who shall beresponsible for the payment of the dues and charges withoutprejudice to the recovery by the arrent from the master orowner of the ship of such sums paid on behalf of any suchship.

41. An agent who intends to incur a linbilitv in respectof an:r of t]le sums mentioned in section 39 may denosit withthe Autb ot-itv. or gua'rantpc such smms which a.re in the opinionof the Authority reasonable, havin'! rerrard to the arn01111t orprobable amount of the sums which such agent shall be liableto pay to the Authority.

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42. (1) Where any sums mentioned in section 4.1 areowing in respect of any ship, any authorized officer may withsucll assistance as he deems necessary enter such ship and mayarrest the ship and the tackle, apparel and furniturethereof, and may detain it until the said sums are paid.

(2) Where, after such arrest, such sums remain unpaid for w period of twenty-one days the authorized officermay cause the ship and tackle, apparel and furniture thereofarrested to be sold, and out of the proceeds of such sale heRhall retain the amount necessary to meet the expenses of thedetention and sale thereof and shall after paying the amountof any sums which are owing to the Authority, deliver thebalance to the agent.

(3) Where any ship, in respect of which the Bumsmentioned in section 38 are owing and have not been securedas provided in section 41 leaves the port and enters or is inany other port, then such ship may be dealt with as if suchsums so owing and not secured as aforesaid were sums owingin respect of such other port.

43. Before the master of any ship in a port shall obtainoutward clearance from that port he shall first obtain from anauthorized officer a certificate stating that->

ea) all dues and charges in respect of the shipand all penalties and expenses to which the shipand lwr master- are liable under this Act orrezulations have been paid or secured to thesatisfaction of the authorized officer;

(b) he has complied with the provisions of thisAct and the regulations.

44. The Authority may. subject to this Act and anyregulations made thereunder, determine-

Detention byauthorizedofficer

Masterrequired toobtaineertificateof lluthorizedofficer belorerequestingclearance

Power todctermlneeondlbionsand ratesof carrittlteOJ" wn1"ehousing

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Port'Managermay retaingoods untilfreight ispaid

(a) the conditions upon which goods shall becurried or warehoused and different conditions may be determined in different cases;

(b) the charges for the carriage 01' warehousingof goods by the Authority and for any otherservice or facility performed or provided bythe Authority.

45. (1) Where the agent of a ship from which any goodshave been landed at a }lort and hceepted by the Authorityfor carriage or warehousing or for delivery to the consignee,notifies the Port Manager in writing that, the freight Or othercharges payable to the agent of the ship to the amount specifiedin the notice, remain unpaid in respect of the goods, the PortManager shall retain the goods and refuse delivery of themto the consignee or other person until.c;

(a) the payment of any dues and charges in respectof such ship and the goods and customs dutiesthereon;

(b) the production of receipt for, or a release from,the payment of sueh amount signed, or purporting to be signed by or on behalf of the agents ;or

(c) the payment of such amount by the personentitled to take delivery thereof.

(2) Where the port Manager caused to be deliveredany goods in respect of which a notice has been given undersubsection (l )01 this section to a person producing suchreceipt or release, or making such payment. as is referred toin paragraphs (h) or (c) of that subsection, the Authorityshall be freed from all liability to any person in respect ofthe goods.

(3) Nothing in this section shall be construed asrequiring any person to take into custody of' the Authorityany goods which would not otherwise be receivable by theAuthority under the provisions of this Act or any regulationor as requiring the Port Manager to inquire into the validityof any claim made for freight or any other sums made in anynotice given by an agent under subsection (l) of this section.

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'st. Vincent and the Grenadines Port Authority 1987.

46. The consignor of, or the person tendering any goodsfor carriage or warehousing by the Authority the consigneeof, or person receiving any goods which have been carried orwarehoused by the Authority shall be liable in accordancewith the regulations under this Part for tl-e charges of suchcarriage or warehousing and any other services performedor facility provided in respect of the goods by Authority.

47. (1) The consignor of, or the person tendering anygoods for carriage or warehousing by the Authority and, onrequest by an authorized officer, tl;e consignee of, or personreceiving any goods which have been carried or warehoused bythe Authority,shall deliver to the authorized officer the documents as prescribed in the regulations under this PHt toenable such officer to determine the charges payable in respectof the carriage or warehousing or any other service performedor facility provided in respect of the goods.

(2) An authorized officer may, for the purpose ofverifying the documents delivered under subsection (1)require such consignor, person or consignee. as the (lase maybe, to 1'lermit him to examine such goods.

(3) If such consignor, person or consignee fails todeliver the documents referred to in subsection (1) or topermit such g;oods to be examined as required in subsection(2), an authorized officer mruy, in respect of the goods whichare tendered for carriage or warehousing by the Authority,refuse to accept the goods for such carriage or warehousingunless in respect thereof a charge not exceeding the highestpayable for any class of goods is paid.

(4) If in respect of goods which have been carriedor warehoused by the Anthority, any document deliveredunder subsection (l) is found to be false in any materialparticular with respect to the description of any goods towhich it purports to relate, an authorized officer may refuseto deliver such goods unless in respect or warehousinz orcarriage of the goods, a charge not exceeding double thehighest charge payable for any class of goods is paid.

48. (1) In respect of all goods in custody of theAuthority, an authorized officer is entitled to levy such chargesas may be determined in accordance with the regulations madeunder this Part. and he may do all such reasonable acts and

Conaipor orConsigneeliable forpayment otcarriage orwarehouain~

Duty t.deliver;descriptioof ltooc1l

Authorizedo1Iieer'llpower tolevyehariea. oto.

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St. Vincent and the Grenadines Port Authority 198i.

Effect of!non-removalof zcoda

Applicationof theproceedsof sale

incur such reasonable expenses as are necessary for the propercustody and preservation of the goods, and the Authority shullhave a lien on the goods for such charges and any otherexpenses and shall be entitled to seize and detain tne goouauntil such charges are fully paid.

(2) Subject to the provisions of this Act, where thereare any outstanding dues or charges pursuant to subsection(1), the Authority may, atter thirty days, sell the goodspursuant to the provisions of this Act and any regulationsmade thereunder.

49. (1) Subject to the provisions of this section andwithout prejudice to the provisions of section 4.8 where anygoods except perishable goods are in the custody of theAuthority and are on any premises of the Authority are notremoved therefrom within a period of fourteen days fromthe time when the goods were placed in or on such premisesthe Port Manager shall cause such goods to be transferred tothe Queen's Warehouse and where goods cannot be stored atQueen's Warehouse and remain at the Port, excess storagewill incur.

(2) Where the goods under this section, or section 48are perishable goods, the Port Manager may direct theirremoval within such shorter period, not being less thantwenty-four hours alter the landing- thereof as the PortManager thinks fit and he may sell the goods without givingthe said notice but shall soon as practicable inform the owneror such other person appearing to be entitled thereto, of theaction that has ben taken.

50. The proceeds of any sale under section 48 or 49shall be applied by the Authority as follows, and in thefollowing order-

(a) in the payment of any duty payable in respectof the goods;

(b) in the payment of the expenses of sale;

(c) in the payment of the sums due to the Author·ity , in respect of the carriage or warehousingand 011101' service performed or facilityprovided in respect of the goods;

(d) in payment of f"eight and other claims of whichnotice under the provisions of this Act hasbeen given-

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and by rendering the surplus, if any to the owner or personentitled thereto on demand and if no such demand is madewithin one year from the date of the sale of the goods, bypaying the surplus into the funds of the Authority whereupon all rights to the same of such person shall beextinguished.

51. (1) Subject to the provisions of this Act, the duesconditions and charges for the carriage or warehousing ofgoods and fo"!" any other service or facility. performed orprovided by the Authority when determined, shall be in theform of regulations, and shall be first submitted to theMinister for approval.

(2) Such regulations shall have effect from thedateof such publication or from such later date as may bespecified therein.

(3) Subject to the approval of the Minister, andwitllout prejudice to subsections (J) and (2) of this sectionthe regulations shall be deemed to have been made and beembodied in theTariff Book as provided in accordance withsubsection (4) of this section.

(4) The Authority shall cause to be prepared andpublished in such manner as it may think fit--a "TariffBook" containing all matters which under this Act or anyregulation are required to he contained therein, togetherwith such other matters as the Authority may determine.

PART VI

PILOTAGE

Compilationof dues,cha rl;~8 nndTariff Book

52. (l)The Ports in th is .Act shall be compulsory Compulsorypilotage Ports and all ships other than exempted ships, navi- pilotagegating whether by entering, leaving or moving within thelimits thereof IiIhaH be under the pilotage of a licensed pilot.

(2·) For the purposes of this section the followingships are exempted ships :-

(a) ships belonging toRer Majesty;(b) ships owned or operated by the Authority;(c) pleasure yachts or fishing vessels:

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(d) ferrying boats plying as such exclusivelywithin the limits of a port;

(e) ships of less than 180 tons net register;

(:f) ships trading exclusively between ports andother parts of the State;

(g) tugs, dredges, barges or similar vessels whoseordinary course of navigation does not extendbeyond the limits of the State.

(3) 'fhe Port Manager may exempt from compulsorypilotage any ship in any particular ease.

Authority toemploypilots

53. (1) Subject to the provisions of this Act, the Authority may employ such number of pilots as it deems necessaryOr expedient for the purpose of providing an adequate andefficient pilotage service.

(e)

(c)

(a)

(b)

Cd)

holding examinations and issuing, on behalf ofthe Authority, licences to act as an Authoritynilot :holding inquiries concerning the conduct ofAuthority pilots in the discharge of theirduties ;

making such arrangements lUI may be neeessaryfor the training ox persons Relected for or inthe pilotage sc':'vice of the Authority;

investigating and advising on such matters asmay be referred to the Committee by theAuthority; and.carrying out Buell other functions as are eonferred on the Pilotage Committee by this Act.

55. (1) The Pilotage Committee shall consist of-·

(8.) the Port Manager who shall be the Chairmanof the Committee; and

(2) No person shall be employed a.s an Authoritypilot unless he is in possession of a valid licence to act as Itpilot issued under the provisions of section 57 of this Act.

540. The Authority shall appoint a Pilotage Committeewhich shall be responsible for the purpose of regulating andadministering of:

Constitutionof Pilotaltl'JCommittee

Appointmentof funetioullof thepilotageCommittee

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Bt. Vincent and the Grenadines Port Authority 1987.

(b) four other persons who by reason of theirknowledge of or experience in nautical matters,are, in the opinion of the Authority, fit andproper persons to be members of the Committee.

(2) The appointment of a member of the PilotageCommittee may be for any period not exceeding three yearsbut such member shall be eligible £'01' re-appointment oncompletion of every such period.

(3) Three members of the Pilotage Committee shallform a quorum at any meeting of the Committee.

(4) The Chairman of the Pilotage Committee shallpreside at all meetings thereof;

Provided that if the Chairman is absent from ameeting or any part thereof, such member as the membersof the Pilotage Committee present shall choose, shall presidein Me place.

(5) The Chairman or member presiding at any meeting of the Pilotage Committee shall have a vote and, in thecase of an equality of votes, a second or casting vote.

(6) Members of the Pilotage Committee who are notemployees of the Government or of the Authority may bepaid, out of the funds of the Authority, such fees and allow.ancesas the Authority may from time to time determine.

56. Subject to the provisions of this Act, the Authority RulelJmay, from time to time, make, vary or revoke rules for thepurpose of regulating the meetings and proceedings of thePilotage Committee,

57. (1) The Pilota1!c Committee shall appoint an Examinationexamining board composed of persons, who in the opinion of for Ileencethe Pilotage Committee have sufficient knowledge and exper-ience to assess the qualifications of candidates for a pilotagelicence.

(2) The examining board ahall operate under thedirection of and shall renort to the PHotngc Committee asthe Pilotage Committee shall direct.

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St. Vincent and the Grenadines Port Authority 1987.----------------------------_._---

(3) The Pilotage Committee, through the exarmnmgboard, shall examine candidates for employment by theAutllority as pilots upon being- satisfied as to a candidate'sgeneral fitness and competency, including physical fitness toact as such pilot, maiY on behalf of the Authority issue to thecandidate a licence to act as such pilot and such a licenceshall contain such conditions as the pilotage Committee deemsfit.

(4) Subject to the provisions of this Part everypilot immediately prior to the coming into operation of thisPart performing the duties of a pilot, shall be deemed to bequalified for employment by the Authoritv, as a pilot and thePilotaze Cor-mittee shall, on behalf of the Authority, issueto every such pilot 11S may be employed by the Author-itv alicence to act as an AuthorHy pilot subject to such conditionsas the Pilotage Committee may impose.

E:n~"y AntJ,o"ify pilot ~J1(11t wl1e~'ll1yer the Pilotage Committee eonsidrs that, owing to changed conditions orfor any other sufficient reason. the further testing of theknowledge, efficiency or physical fitness of any such pilot isnecessary, present himself for ftrrther examination, and shallin every such case first deposit with the Pilotage Committeehis licence, issued by the said Committee on be11alf or. theAuthority to be returned or cancelled by the said Committeeon behalf of the Authority as the result of such test or examination determines.

(6) The Authority shall not continue to employ as8 pilot any pilot whose licence to ad as such is cancelled asthe result 0·£ any test or examination carried out or heldunder the provisions of subsection (5) of this section.

(7) Any licence issued under the provisions of' thisIlection shall cease to he valid unon the termination of anyAuthority pilot's employment with the Authority.

Enquiriesby PilotalZeCommittee

58. (1) When the Pilorbag'e Committee, after due inquiryby the Authority shall hold an inqui"Y into the conduct of anAuthority pilot where it appcara that he has been guilty ofmisconduct affecting his capability as a pilot or has failedin or neglected his duty as a pilot or has become incompetentlo act as a pilot.

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(2) For the purposes of such inquiry, the PilotageCommittee may Summon any person in the State to attendany meeting' of the said Committee to give evidence on oathor produce any document or other thing in Us possession andto examine him as a witness or require him to produce anydocument or other thing in his possession relative to thematters which are the subject matter of such inquiry.

(3) Any person who--

(a) being summoned to attend nnv such inquiry,fails to do so:

(b) offers any act of disrespect or any insult OTthreat to the Pilotage Committee or any memberthereof during an inquiry; or

(c) being required by the Pilotage Committee togive evidence on oath or affirmation or to produce a document or other thing, refuses to do so,

commits an offence and is liable on summary conviction to afine not exceeding five hundred dollars or to a. term ofimprisonment not exceeding three months.

59. (1) Where the Pilotage Committee, after due inquiryin accordance with the provisions of this Part and after hearing any statement that may be offered in defence, finds thatan Authority pilot has been guilty of a misconduct affectinghis capability as a pilot or has failed in or neglected hisduty as a pilot or has become incompetent to aetas a pilot,it shal] submit to the Authority a copy of the record of theinquiry and its findings and recommendations in respect ofthe inquiry.

(2) The Authority may, niter considering the findings and recommendations of the Pilotag-e Committee, suspendor cancel the licence of such Authority Pilot, or impose suchother punishment as the Authority may think fit.

(3) Any Authority pilot who is ag~rieved by anydecision of the Authority made under the provisions of subsection (2) of this section may, within fourteen days fromthe date of such decision, a:lipeal to the Minister whose decisionshall be final.

Submissionof PilotageCommittee'sfindings andrecommendations toAuthority

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Liability ofthe masteror ownerin the <laseof a shipunderpilotage

LimitatioIlllof nilot '3liabilitywhen bondis given

60. 'I'he master or owner of a ship navigating- in circumstances in which pilotage is compulsory shan be answerablefor any loss or damage caused by the ship or by any fault ofthe navigation of the ship in the same manner as it. would ifpilotage were not compulsory.

61. (1) An Authority pilot who has given a bond inaccordance with subsection c:nof this section shall not beliable for neglect, want of skill or incapacity in office beyondthe penalty of such bond, and theamoUl1t payable to theAuthority on account of pilotage in respect of the voyagein which he was engaged when he became so liable.

(2') Every Authority pilot shall give a bond in thesum of one thousand dollars in favour of the Authority forthe proper performance of his duties under loUr; part and ofany regulations.

(3) Any bond by an Authority pilot in accordancewith this section shall not be liable to stamp duty.

(4) Where any proceedings are taken against anyAuthority pilot for any neglect, want of skill or incapacityin office in respect of which his liability is limited as providedby this seetion.vand other claims are made in respect of thesame neglect, want of skill or incapacity in office, the Courtin which such proceedings are taken may-

(b)

(c)

determine the amount of such pilots liabilityand, upon payment by him of such amountinto court, distribute such amount rateablyamong the several claimants;

stay any proceedings pending in any othercourt in relation to HIe same matter; and

proceeding in such manner and subject to suchdirections as to makinR' persons interestedparties to the proceedings, and as to theexclusion of any claimants who have not sub.mitted their claims within a certain time, andas to requiring security from such pilot, and aspayment of any costs as the court thirrks fit.

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St. Vincent and the Grenadines Pert Authority' 1987.

62. (1) Notwithstandin~ the issue of· the licence to apilot by a Pilotage Committee on behalf €If the Authorityunder section 57, there shall be no liability on the Pilofu;geCommittee or the Authority for any loss or damage occasionedby anaet of omission or default of aaid-pilot.

(2) Any Autnority pilot whilst eng;8Iged in any pilotage act shaH, notwithstanding that he may he employed ata salary by the. Authority., l:e deemed to be the servant onlyof the master or owner of the vessel unde.r pilotage and theAuthority shall not be liable f0r any loss or damageoccasi<med by any act, omission or default of sneh pilot.

63. (l).Any proceedings affectin~ Authority pilotsuuder: this" Act or any regulations shaH be determined by aJudge of the lIigh Court and such Judge &hall cnll lTpOll twopersons with nautical experience. to sit with him as assessorsin any meh proceeding.

(2) The High Court shaU have' l'1O'wer to ~eguJl'tteany proce.edings: which ha:ve been referred to it lmaer' tIii'!fsection.

PART VI!

SPECIAL PROVISIONS IN, RELATION TO PORTS

PilotapCommitteeandAuthoritynot JiabIlt'for lossor dama2'11oeeall1.o1l.edby Dilots

Proeeeding.in rcstlcctof pilot

64. The master of any ship 8.rrivin~ in a. port shall pro- Master toduce to an authorized offic.er- ~o~tiOD

(a) the ship's register and the ship?s papers;C'b) a list of the passengers, if any, showinS

particulars of their sex and occupation;

(e); a list showiug the deaths; if any. which haveoccurred during the :voyage j

(d) a .Iisf showing the stowaways, if any. 00 thisShIP;

and shall also supply such other information in relation tot.fre ship,. passengers and cargo thereof, as such officer mayre~on:a:bly require.

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Power O.tPortManager inrelationto ships-

Power inrespect towrecks" etc.

65. (1) Notwithstanding the prOVISIOUS of any regulations made under section 72 of this Act the Port Managermay-

(a) direct where any ship shall be berthed, mooredor anchored and the method (i)f anchoring withinthe port and the approaches to the port;

(b) direct the removal of any ship from any berth,station or anchorage co another berth. stationOr allchorageand the time within which suchremoval is to be effected within the port andthe approaches to the port; and

(c) regulate the moving of ships within the portand the approaches to the port.

(2) In case of any refusal or neglect or of any failqreto comply with any direction given under subsection (1). theAuthorIty may, without prejudice to any proceedings beinginstituted against any person cause to be done all such actsas are in ita opinion reasonable or necessary for the purposeof carrying out such direction and may hire and employ suchpersons as it considers proper and necessary for such purpose.

(3) All expenses incurred in doing such acts shallbe paid and borne by the person or perS'OI1S so offending.

66. (1) The Port Manager may-

(a) remove any wreck in or other obstruction to aport or its approaches, or any timber, raft orother thing floating- in a port. which endangers,or obstructs, or is likely to endanger or obstruct.the free navization of the port or the use of anydock or wharf therein;

(h) in the case of urgent necessity take any actionin a port which in his opinion may be necessaryto prevent any danger to life or limb;

(c) enter upon any ship or into any building in aport if it is necessary for him to do so in theperformaaee of any duty under this Act or anyregulation or if he has reasonable grounds forbelieving that an offence against this Act orany reg-ulation has been or is about to becommitted.

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St. Vincent and the Grenadines Port Authority 19S7.

(2) The owner of any wreck or otherfhinz removedby the Port Manager under the provisions of paragraph (a)of subsection (1) of this section shall, without prejudice toany other action which may be taken against him. be liableto pay the reasonable expenses of such removal, such wreckor other thing shall be detained by the Port Manager untilsuch expenses and customs duties, dues or charges payable inrespect thereof are paid,

(3) Where any wreck or thing is removed under theprovisions of paragraph (a) of subsection (1) of this sectionand the expenses of removal have not been paid within sevendays of such removal, the Port Manager may cause suchwreck or thing to be sold by public auction and shall outof the proceeds of sale retain the amount necessary to meetthe expenses of such removal, detention and sale and anycustoms duties, dues or charge payable in respect thereof andshall return the balance, if any, to the person appearing tohim to be entitled; and in the event of such a wreck or thinghaving no resale value '01' cannot be sold then the Port Managermay take such actions as he deems necessary to dispose ofthe wreck or thing and the owner of the wreck or thing shallbe responsible to meet any expenses of such removal togetherwith any customs duties, dues or charges payable in respectthereof,

(4) Where a ship has remained anchored in Portor stationary in Port fora period of six months or more, the.Port Manacer may serve notice on the owner or agent toremove the shin from the Port.

(5) The notice served under subsection (4) shall givethe owner a period of two months from the date of the noticewithin which to remove the ship from the Port. -

(6) Where the ship in respect of which the noticeunder subsection (4:) has been served bas not been removedfrom the port in compliance with the notice, the Port Managershall deem the ship abandoned and he may take such action,including the sinking of the ship in a safe plaice, as he deemsnecessary to dispose of the ship,

(7) Where a ship has been disposed ef pursuant tosubsection (6) the owner shall not be entitled to any compensation for loss, if any.

(8) Subsections (4) (5) and (6) shall not imposeaIiy restriction on the .Port Manager in the exercise of powersconferred under subsections (I), (2) and (3).

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St. Vhlcentttnd the Grenadines Port Authority 1987.

Fire onboard ship

Aecidenb

67. (1) In theevent.o·f fire breakin~ out on board any!'ihip in the port, the Port Managermu[V proceed on boardsuch ship with such assistance and persons as to him seemfit, and givesuehorders as to him seem necessary for scuttlingsuch ship, or for removing such llhip or any other ship, tosuch places as to him seem proper to Prevent in eithercase,danger to other ships andfoT the taking of any other measuresthat appear to him expedient for the protection of life orproperty.

(2) If such orders are not forthwith carried out bythe master of such tiliip the Port :Manager mayhimselfproceedto carry thlilminto ('tr~t.

'(3) .Any expenses incurred in the exercise ljf tL~

poweraconferred hysubsections (1) and (2·) of this sectionshaUbe recoverable from the master or-owner of the shillconcerned as a civil debt.

68. (1) Where any Mcidentoec1.1!'S in anyoort. then ifthat accident-

(a) is attended, or is of a kind usuallvattendedwith loss of human life or withserioas injuryto person or property;

(b) involves any collision betweenshlpa:(e) is of such other kind as the Minister may

specify, the Port Manager shall, as soon aspracticable, give notice or the occurrence of theaccident to the Minister.

(2) The Port :M:ana~er may order such enquiry intoany accident which occurs in any port as he may think fitand shall order such enquiry as the "Ministe"l' thinks fit intoany such accidents when so required by the Minister,

(3) The Port :Manager shall submits. report onanyaccident inquired intoscttin~ out,interalia, the probable('.aUM of such acrident and the steps if any., which have beentaken or nil has directed sr"a,ll be taken with a view to avoidin~

a repetition thereof.

(4) The Port Manager shall make to the Minist.erareturn, in such form and at such intervals as the Minister maydirect, of all aceidents.coocurring in any port, whether or notsuch accident is attended with injury to any person,

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St. Vincent and the Grenadines Port Authority 19R7.

69. The Autho"ity shall net be liable for any demurrage Liabilitywhich may occur or be due ouany ship, however such d for

emurragedemurrage may have been caused.

70. (1) All acts, orders or direction under this Part or:1"egulwtions thereunder authorized to he done or given by aparticular nfficerof the.Au.thority may be done or given byany other officer 0.£ the .Authority 3.utholrized in writing in thatbehalf.

Executionof orders

(2) Any persouantuorized to dOll.Ilysuch act maycall to .hisaidsr.eh asslstanceas is necessary.

71. The Authority shall not be liable for an.v act, omis- Non-liabilitysion or dQfault of the Port Manager. Port

Authority

72. (1) The Authority may, with. approval of the Rcp;ula.tionllMinister, make regulations generally with respect to themaintenance, Control and managemento! the port and theapproaches thereto, the services performed, the Iiaht housesand other facilities p-rovided by the Au.thority, and for themaintenance of order on any premises used by or for thepurposes of the .Authority, Or in any ship or vehicle used byor for the purposeeof the Authority, and for the carryingout of the provisions of this Act, and without prejudice tothe generality of the foregoing, may-

(a) make regulations with respect to-

U} the proper control and management of theforeshores of any port and the entrancesthereof, the prevention and removal of obstructions therein and the re.gulation of any workservice 01" fa'Cility performed Or providedtlH~reat ;

(ii) thecont~ol vf all persons .and vehicles on ~nysuch premises, the maintenance 0'£ order thereOn and the admission or exelusion of personsi.'hcrcfl'om and the char.~es.if any, to be madefor snch admission;

(iii) regulating, controlling and prohibiting the ~o.

in~ oromissiou of any thing or class of thingwithin thebonnda'l.'ies of the port 01' anyspecified part or parts of. the port either. atall times and on all occasions or at. any timeor times or on any occasion or occasions;

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St. Vincent lind the Grenadines Port Authority 1987.------ -'.------------------------

(iv)

(v )

(vi)

(vii)

(ix)

(x)

(xi)

the regulation, restriction and control (without prejudice to tllC conduct of navigation)of the depositing of any substance, solidmatter, article or thing' polluting or likely tocause pollution of the waters of any port;

tlHol regulation of traffic and navigation ofships within the limits and approaches to aport and all matters relating to the protectionof life and property;

tbe rezulation of the mode and place of moorinz, anchoring, and berthing of ships and theirremoval from a mooring, anchorage or berth,and the time within which such removal shallbe effected;

the protection of ships and cargoes, and theremoval, destruction, sale Or abandonment of,,',";::,:<:7.'0(1 ao,:l 1.,1,,,,',1' C;l,1:~"(;S and ap'Pu~

tenances which obstruct or are likely to obstruct the fairway of any port, the payment ofexpenses including salvage incurred in connection therewith and the levy and recoveryof a rent for the right of a hulk or wreck orwreckage to lie in any port:

the examination, Eeensing, dutles and oblb:ations, and the conduct and discipline of pilotsand the charge to be paid for pilotage ;

the regulating of the times, places, order andmode of shipping, unshipping, loading, warehousing, storing and the depositing of goods;

the fixinf! of dues and charges payable inrespect of any ship, including Harbour Master'sdues, with different charges being applicablein respect of different shins or classes of ships,the exemption or the remission thereof or partthereof:the fixing of the charges payable in connectionwith the carriage or warehousing of goods andTor any service or facility performed or provided by the Authority, the exemption frompayment, Tefund 01' remission thereof;

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St, Vincent and the Grenadines Port Authority

(xii) the fixing of the scale of charges payable illrespect of any other service or facility performed or provided by the Authority;

(xiii) the method of sale of goods for failure to paydues or charges j

(xiv) the licensing of shipping agents, customsbrokers, landing agents, forwarding agents,baggage and parcel agents, porters, contractorsfor supplies and victualling, and other personsconcerned in or engaged in Or performing anyservice or work in connection with the port.

1987.

(2) 'I'he Authority shall, with the approval I)f theMinister, make regulations genera11y for the conveyance, loading, discharging and storage of dangerous goods within theIimits of port, and without prejudice to the generality of theforegoing, may-

(a) make regulations with respect to-

m the classification of goods as dangerous goods;

'{in the regulation of the navigation and place ofberthing of ships carrying dange.rous goods;

(iii) the regulating and control of land, loading anddischarging of dangerous goods;

(ivY the prohibition or subjection to conditions andrestrictions of the conveyance of any kind ofdangerous goods with any other kind of goodsarticles or substances; •

(v) the prohibition of the loading or dischargingof dangerous goods at places within the eontrol of the Authority in cases where such load.ing or discharging appear specially dangerousto the public;

(vi)' the fixing of places and times at whichdangerous goods are to be loaded and theQuantity to be loaded or discharged at any onetime;

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168

St. Vincent and the Grenadines Port Authority ,1987.

(vii) the rCg'ulationof the mode and the precautions to be observed in conveying or keepingdJangeirous go,odsand in the loading or disenarging' of the same;

(viii) the protection, whether by means similar tothose abovementioned or not, of persons andproperty from danger generally.

(3) Subject to the provisions of any enactmentrelating to merchant shipping, the Authority may, with theapproval of the Minister, make regulations with respect to-

(a) the taking of measures for the prevention ofships leaving any port if overloaded, improperly loaded, improperly found, insufficiently manned or without Qualified officers orengineers or with it number of passengers inexcess of the number that can be carried withreasonable safety; (II' if otherwise unseaworthy;but no actions taken by the Authority pursuantto these regulations shall be deemed to be awarranty of seaworthiness by the Authority;

(b) the examination, certification and licensing ofmasters, mates and engineers of tuzs conducting ships in and out of ports, dredges and lighteraft, and the licence fees payahle in respectthereof;

(c) the inspection; licensing, rcg-istratii:m or certification of ships, ferries, tugs, launches, hulks,ferry boats, or other craft. the charges to bepaid thereof 'and the number of passengers.

(4) The power of the Authority to make regulationsunder this section in relation to any matters, shall not beconstrued to he in conflict with or as derogatory from anyether powers' conferred upon any other person under thisAct or any re~ulation to make provisions in relation to anysuch.matter in any different manner.

(5) Regulations may provide that any breach ofcontravention of any such regulations shall be punishable onsummary conviction by a fine not exceeding five hundreddollars or bya term of imprisonment not exceeding threemonths or by both such fine and imprisonment.

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St. Vinceutand lh£l Grenalilin~BPort Authority 'l!>S7.

(6) All ,regulations made under fhis Act shal~ befl"rtbj.'ect to negative resolution of the Houseof AssemhLy ~Vlthin..ix \veeks..

(7) Neither tl1'8 Authority nor the Port lfanager, r:0l'any employees, servants, officers or agents or t.heAuthor~ty

shall be Hable at law for anv act earned out In good faithpursuant totllereg1l'1ations:made under this Act.

PA HII' YIII~PROV1STONS REh,l.TINGTO OPFENCES

73. Any person who damages or in any wayinterefereswith any lighthouse, buoy, beacon or' other property of theAuthority in such manner as ito endang-cr,or as mig'h't endangerthe lne Or any person, commits an offence and is liable onconviction to imprisonment 'for a term not exceeding tenyears.

74. .,Llnyperson who, while on ~uty or laWfu1~y employed011 any preinises of the Authority or upon any ship or vehicleof the Authority, endan~era the safety of any other perscn-s-

(a) by contravening any of the provisions of thisAct or of any regulations; or

(b) by contravening any lawful order, direction Orrule t!'iven to SU"J1 person, or made ill respect .01his service ;01'

(e) by being under the influence of alctih()l; !OT

(d) by any rash or negligent act;

commits an offence and is liable on .mmma·ry conviction toa finelY~t !exceeding one thousand dollars or to imprisonmentfor a term not exceeding nine mouth," or to both suehflneandimprisonment.

75. Any person, who, without lawful excuse refuses orne'g'lccts to obey any direction lawfully j;fiven under section65 orundter aavregulation made under PART VIII of thisAct commits anofl'ence and is liable on summarvconvietionto a fine l1'oteAceeding five hundred dollars or to imprisDnmentfora. term not exceedin~ six months or to both such fine andimprisonment.

Damagingprouertylikely toenc1angerlif"

Personsendangeringsnfetyof'OPera.tioml

Failure tocomply l1f\Clcrtlireetiolmot section '65etc.

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St. Vincent and the Grenadines Port Authority 1937,

~'a iJure toemploylicensedpelot

?Ira stcr '8

f" i l u ro togiveinf0 rrn a ti 0 nor givingfalseinformation

?\IasterrefusingentrY toae. thorizcdofficer

False returns

Evasion otdues andcharges

Demn nd ingi mm-operaccount

76. If any ship is navigated in circumstances in whichpilotage is compulsory and such ship is not under the controlof a l iccnve d pilot, ihe Master thereof shall commit an offenceand is liable on summary conviction to a fine not exceedingfive hundred dollars or in default of payment to imprisonmentfor a term not exceedin j six months.

77. Any muster who fails to comply with the provisions01' section 61 or gives any information which is false in anymaterial particular, commits an offence and is liable onsunuunry conviction to a fine not exceeding- two hundredand fifty do llars or in default of payment to imprisoument fora term not exceeding three months.

78. Any master, who without lawful excuse refuses toallow the authorized officer to enter his ship in contraventionof paragraph (c) of subsection (1) of section 66, commits anoffence and is liable on summary conviction, to a fine notexceeding two hundred and fifty dollars or in default ofpayment thereof to imprisonment for a: term not exceedingthree months.

79. Any pe ~SOll \\'Jl(J JIliil:f's, either knowingly or recklessly, any statement which is false in any material particularin any return, claim or other document, which is requiredor authorized 10 be made under this Act or any regulations,commits an offence and is liable on summary conviction to afine not exceeding three thousand dollars or to imprisonmentfor a term not exceeding two years or to both such fine andimprisonment.

80, Any person, who by any means whatsoever eludesor evades any dues or charges leviable under this Act orregulations, commits an offence and is liable on summary conviction to a fine not exceeding one thousand dollars or toimprisonment for a term not exceeding nine months or toboth such fine and imprisonment.

81. Any person who, with intent to defraud, demands orreceives from any person delivering goods for carriazo orwarehousing by the Authority, 01' from any other personmnkin g use of the faciJitie;:: provided by the Authority, anyg..cater or lesser amount. t1111n 11c should demand or receiveshall. on summary conviction, be liable to a tine of fivehundred dollars or to imprisonment for a term not exceedingsix months or to both such fine and imprisonment.

Miscellaneousoffences

ship or vehicle of the

No. 26.

82.

171


Any person who-

(a) being on any premises,Authority

(i) refuses when enllcd upon by an authorizedofficer, police officer. or security guard tol!iv6 his name and address, or gives a falsename and address, for the purpose of avoiding prosecution;

(ii) without lawful excuse the proof whereof shalllie on him, discharges any firearm or doesanything which may cause injury to anyperson on such premises, Or UpOll such shipor vehiele ; or

1987.

(iii) without lawful excuse contravenes any lawfuldirection given by any authorized officer , or

(b) defaces the writing on a board or noticeauthorized to be maintained upon any premisesof the Authority or upon any ship or vehicleused by the Authoritv : or

(c) damages or wi.hcut lawful excuse interfereswith any P")T'6~¥ty 01 t~.. !lti';Lority; or

(d) wilfully obstructs or impodes any othev.personin L:lC d~l'j(.::ll:1rge or llil:l d~lr.i(;" arising out ofhi,. n!~: ploymerr; with the Authority , or

(c) g'iv(~s 0:'- Cil~el'G to any other j-orscn money ormOlh',\' 's \,'01'111 101' the purpose of avoiding'pr.Y::jt'n~: :)£ any sum due to the Authority,

commits an offence a nd is liable on summary conviction to afine not exceeding five hundred dollars or to imprisonmentfor a term not exceeding six months or to both such fine andimprisonment.

83. (1) Any person who commits any offence mentionedin sections 73, 74, or 82 of this Act may be arrested withoutwarrant by any authorized officer, police officer or securityguard.

(2) Any person who commits any offence against this..Act or regulations other than an offence mentioned in subsection (1) of this section may be arrested by any authorizedofficer, policeofficer or security guard if-

(a) there is reason to believe that such person willabscond; or

Powers ofarrest

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Sit. Vincent and the Grenadines Port Authority 1987.

Place of trial

POrt'MllnngeTm3Y confernower 0:1officers

(b) he refuses on dermmd to give his name andaddress; or

(c) there is reason to believe that the name andaddress ~ivell by him is incorrect;

Provided that, where there is reason to believe thatsuch person will mot abscond, he shall, if his true name andaddress are ascertained, be released 011 his executing a bondwithout sureties for his appearance before a magistrate whenrequired.

84, Any person charged with RUy offence against thisAct, other than an offence mentioned in section 73 or 79 ofthis Act, may be proceeded against, tried and punished inany place ba which he may be in ccl'i'.tody for that 'Offence asif the offence has been committed in such place; and theoffence shan for the purposes incidental to, or consequentupon, the prosecution, trial or pnnishment thereof. be deemedto be committed in that. place;

Provided that nothing herein contained shall preclude the prosecution, trial and. punishment of such personin any place in which, but for t,11P. IlrOV11l1.ol'l'" of t11is seetion,such persen might ha-ve been prosecuted, tried and punished.

85. The Pod. Manager may, by notice in writingauthorize any officer or the .Al1thority to. maintain 01'0 er uponany premises used by the Authority or any place in the port,or on any shin or vehicle used by or for the 'Purposes of theAuthority, and' any officer so authorized shan, in the performance of such duty. haTe 1'111 the powers; right.s. privileges andprotection of It police officer.

PART IXLEGAl! PROVISIONS

Notice cbim~ 86. (1) Notwifhstanding anythinr: contained in rmyenactment-

(a) no person shall be entitled to compensation ordamages for non-delivery of the whole of 1lJ

consignment of goods, or of any separatepackage forming part of such consignmentaccepted by the Authority for carriage or ware-

Ncr. 26.

173

S,t.. Vincent and the Grenadines Port Authority 1987.

hDusin~ unless, a claim in writing, giving suchparticulars as' may reasonably be necessary isgiven to the POI1t Manag'er wiJthin six monthsof the date upon which such goods wereaccepted by:the ,A: utlwr:t.v.

(b), no person shall be entitled to compensation ordamages for 'uny goods missing from a packedor unpacked consignment or for misdelivery of,damage 01' d'elay to, or detention of' a:rny g:0crdsaccepted hy the Authority for carriage' erwanehousing unless-

(1), the Port Manager is notified of strch fact inwriting within four days 'ofthe date upon whichsuch goods were deliversd to the eonsignee orperson entitled to tr.:.;c delivery thereof , and

(n) a claim in writing, giving such particulars asmay reasonably he 11ecessary, is g'iven to the

PQl'It Manager within one month of such date.

(2), Wltere the person claircting eompensation ordamages proves that it was impracticable for him to notifythe Port Manager or to give the Port Manazen his claim asset out in subsection en of thhl section within the timesspecified therein and that such notification, Qr claim was madeor dyen in a reasonable time, notl1in~ in those subsectionsshal] prejudice the right'. of such perX0Il tOl ahtaiw compensation or damages;

87. IDere\ af't~> the commencerr'e'ut of' this Act, any LimitntloDlaction or other legal proceedings !L"e eO'l1lmenced against theAuthority for any aet done- in rJl.N·snl!lrnt~ GIl' execution 01"

intended eseeusion of this Act, or 1'1";'l1latimls, or (!)f any publicduty or authoipity imposed OT conferred b;w this Act or anyregulations, Or in respect of any alleged neglect or defaultin the execution of this Act sueh regulations Qr. of any suchdut;w or authority, tT'e followin« nrovisions shalf have efl'ectnotwithstandlnz anything eontained; in any enaetment; tl1atis to say-

(a) the action or legal proceedings shall not becommenced until :'It lcas1l0ne month afterwritten notice containing- t'lie" particulars of theclaim, and of the intention to commence thea:etion 01" legal pl"l'l'c'Cedings. has been servedupon, th'a PRrt Manager by tne plaintiff or hisagent;

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Ht. Vincent and the Grenadines Port Authority 1987.

RestrictionOr exeeu tionagainstproperty

of thoAuthority

Overpayment;01" underpnvmentof duesand char!:es

(b) the action or legal proceedinzs shall not lie orbe instituted unless it is commenced withintwelve months next after the act. neglect ordefault 01' damage complained of, or in thecase or a continuing injury or damage, withinsix: months next after the cessation thereof.

88. Notwithstanding anything to the contrary in this Actor any regulations or in any other enactment or in regulationsmade under ,OIly other enactment, where any judgment or orderof any Cou-t or any award of an arbitration tribunal hasbeen obtained a'gainst the Authority for or in respect of anything done or omitted to be done under the provisions of thisAct, and any regulation, may contract or otherwise for or inrespect of the Authority or its purposes-

(a) no execution or attachment or process in thenature thereof shall be issued against theAuthnrit,,:'. but such amounts I1S may by the;ludgmcI~G or order, be awarded against theAuthority shall be paid by the Anthority fromits funds to the person entitled thereto.

(b) no property of the Authority shall be seized ortaken by any person havinz by law power toattach or destrain property.

89. 'Vhere the amount paid in respect of any dues andcharges, is found to be in-orrect, then if such amount is-

(a) overpaid, the person who overpaid any suchamount then is entitled to a refund of theamount so overpaid;

(b) underpaid, the amount of such underpaymentmay be collected £1'0;11 the person who madesuch payment;

Provided that, nQit:withstanding anything containedin any enactment such overpayment or underpayment shall notbe refunded, or collected, as the case may reasonably begiven-

(a) by the person claiming such overpayment tothe Port Manager; or

(b) by the Port Managet' to the person againstwhom the underpayment is claimed within sixmonths after the goods were accepted or the

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St. Vincent and the Grenadines Port Authority 1987.----------------------_._-._--_.

services rendered, as the case may be by theport Authority, so however that where suchunderpayment is caused by information ordescription subsequentlv Iound to be incorrect,such period of six months shall commence fromthe date of the discovery by the Port Managerof the correct information or description.

91.

90. For the purpose of legal liability, the Port Managerand all other employees. servants and officers of the Authorityshall he considered public employees and the gene.ral orspecific rules of law pe,·'t.aining to leg-al action involving publicofficers shall apply to them.

PART XITRANSITIONAL

(1) Upon the commencement of this s:\ct·-\.\) all lands of the Crown, 'whether vested in the

Crown itself or any previously constituted PortAuthority, within the boundaries of the portsin this Act including the bed and shores vestedimmediately before the commencement of thisAct in the Government of this State are herebyvested in the Authority.

(b) all lights, buoys, beacons within the boundariesof the said ports are hereby transferred to theAuthority;

(c) all warehouses, buildings, machinery, planttools and other property. including real property, associated with the port and operationof the Port. Authorities, and which immediatelybefore the commencement of this Act were theproperty of Lhe State, or any previously constituted Port Authority, are hereby transferredto the Authority.

(2) All rights, privileges and all the obligations towhich, immediately before the commencement of this Act, theGovernment and any previously constituted Port Authoritywere entitled to or subject to. in connection with operationof the ports [IS provided herein, are hereby transfe-red andconferred or imposed on the Authority for the purpose ofthis Act.

Liability ofPortManager

Transfer ofasset!!

No. 26.

176

St. Vincent and the GrenadinesPort Authority 19S7.

Land vestedin Authorityto be freefrommunicipalrates andta..'l:es

Transfer of.publicservants

Exemptionfroll! 1I1comeTax ActNo.2 of 1979

Authoritymnv f':'Y'ointJEl()curityguards

.(3) A reference in any deed, contract. bond orsecurity or any athol' document subsisting immediately beforethe commencement of th.s against Or in favour of theGovernment or any previously constituted Port Authority,and dealing with the oporatlon of the ports as described herein,shall have full fo:'ce and effect against or in favour of theAuthority and be enforceable as fully and effectually as if.instead of the Government or any person acting' on behalfthereof, the Authority has been named therein and has beena party thereto.

92·, All lands vei·'ed in the Authority at and after commencemr-nt of i his A( t shall be exempt from any rate, tax, orimposition which any local authority shall have power but forthis section to Iawfullv levy 01' impose, but nothing hereincontained shall preelnden local authority from levying andcollecting rates, taxes and other lawful charges in respect ofland, houses and bui1din'~s of the Authority leased andoccupied for private purposes,

93, (1) The Publie Service Commission may approve thetransrerend appointment of an officer from the Publle Serviceto the service of the Authority or from the service of theAuthority to the Public Service.

(2) Where a transfer and appointment has beenapproved under subsection (1) arrangements shall be made bythe Government or the Authority to pay to the Governmentor the Authority as the case may be.jsuchcorrtribution as maybe provided for in rules made by the Minister in respect ofpensions and gratuities, and any such rules may make provisions in defferent classes or cases.

94. Notwithstanding anythinz C'imtained in the IncomeTax Act, 1979, the income of the Authority shall not be liableto Income Tax.

PART X IIMISCALLENEOUS AND GENERAL POWERS

95,. (1) T11C Authority may, subject to ,standing ordersmade by the .A uthcrlty and approved by the Minister appointpersons to be Secu,:,ity Guards, such appointments to be madein consultation with the Commissioner of Police.

No. 26.

177


(2) 'I'he Security Guards so apuoruted shall be asupplemental body of police styled "Security Guards".

(3) Such standing orders shall provide for the termsand conditions of appointment, with provision for the dutiesof a Security Guard with special regard to the maintenance oforder within the port and the protection and safety of goodsand property, and the suspension and termination of appointment of any person appointed as Security Guard under thissection.

(4) The Commissioner of Police shall have tke;;:aneral command and superintendence of the Security Guard.

(5) Every member of the Security Guard shall inthe performance of his duties have and exercise all the powers,rights, privileges and protection and be liable to the sameresponsibilities and discipline of a police officer.

96. (1) If any warehouse of the Authority is approved Bondedand appointed under any enactment relating to the customs fOr warehousethe time being in force, the Authority shall goive generalsecurity by bond or otherwise for the payment of the customsduties payable in respect of goods stored in such bondedwarehouse or for the due exportation of such goods.

(2) I~~othing in this section shall be taken howeverto absolve any person who would have been liable to pay dutiestor paying- any snr-h duty as he would be compelled to payin respect of any such goods.

07. Nothing in this Act or the Regutations made there- Operationsunder sb all prejudice tile operation of any Customs Act or any of customsother Act or Ordinnncn dealinz with Customs, and in all cases Aet

of conflict the Customs Act shall prevail.

98. Proceedings for offeneesar-lsinp out of the nrovisions Portof this Act shall be instituted in writing by the Port Manager Manager'sor by any officer duly authorized by him in writing. .1iat

99. In any proeeeditl~s for anv offence. the avertment Prooftllnt: snell offence was committed within the limits of fhe portshall be sl1ffil"ient without proof of such limits. unless thecontrary is proved.

No.2G.

178


Recoveryof sums

Moniesrecoveredto be paidinto accountof theAuthority

100. In addition to any other remedy given under thisAct,all dues, charges, compensation, damages, costs, expensesor other sums due to the Authority under the provisions ofthis Act may be recovered by the Authority as a civil debt.

101. All fines, compensation, damages, costs or othersums directed to be paid in respect of any offence, proceedingor matter arising out: of the performance of the duties. powersand functions of this Act or any regulations shall be paidinto the account of the Authority.

102. Ul)On coming into fOl'ce of. th1S enactment, the Actsset forth in the Second and Third Schedules to this Act arehereby repealed and/or amended as set forth in the respectiveSchedules.

FIRST SCREDUIIE

(Sec. 3)

DES{)RIPTIONS OF PORTS

PORT OF KINGSTOWN

LandAll those jettys, Wharfs or berths known as;

(a) Inter-island Jetty or Grenadines Whal'f

(b) Schooner wharf in front of the St. Vincent Marketing Corporation Depot

(e) The land lyin~ west of the Queen's Warehouse and bounded asfollows:North by the South RiverEast by a sea wall in front of the Queen's WarehouseSouth by the Schooner Wharf

West by the sea

(d) The container Park

and shown as Exhibit I in a report on Project No. 253111077 dated August11', 1985 by Novaport for eIDA on behalf of the Port Authoritv of SaintVincent and the Grenadines.

No. 26.

179

St, Vincent and the Grenadines Port Authority, 1981'.

SeaAll that area of the sea including the Kingstown Bay which has as its seawardboundary a straight line drawn from 'Cane Garden Point to Old WomanPoint and, as its landward boundary, the low water mark of the Coast linein the area of the Kingstown Bay between Cane Garden Point and OldWoman Point.

PORT OF BEQUIAAll that portion of Admiralty Bay. that is, the portion of sea bounded onthe seaward side by a straight line drawn from Belle Point to Old Fort Pointand, bounded on the landward side by the Low Water Mark of the coastline in the area of Admiralty Bay between Belle Point and Old Fort Point.

PORT OF MUSTIQUEAll that portion of Britannia Bay havine as its seaward boundary It straightline drawn from Survey Point GM,U 29 to a Point West of Lovell Villa~e

and as its landward boundary, the low water mark of the coast line in thearea of Britannia Bay between Survey Point GMU 29 and that point Westof Lovell Village.

PORT OF UNION ISLANDAll that portion of Clifton Harbour which is bounded on the seaward sideby a straight line drawn from Petit Bay Point (located East South Eastof Union Island Medical Clinic) to Thompson Island and by another straightline drawn from Thompson Island to the end of the Union Island AirportRunway. on the landward side by the low water mark of the coast line inthe area of Clifton Harbour between Petit Bay Point and the end of theUnion Island Airport Runway.

SECOND SCHEDULE(Sec 102)

ACTS AMENDED

Wrecks Act Cap 204:: By renumbering Section 3 as Section 3 (1) and byadding a new subsection as subsection (2) to readas follows;

" (2) Nothing in this Act shall be deemed toapply to functions of the Port Manager set forthin the Saint Vincent and the Grenadinee PortA.uthority Act, 1987

~o. 26.

180


THIRD SCHEDULE

AOTS REPEALED

The Port Authority Act, 1975;The Pilot .A ct, Cap 199

1987.

(Sec 103)

Passed in the Hause of Assembly this 18th day of September 1987.

J. CLEMENT NOEL,Clerk of the House of ASlembly.

Printed by the Government Printer at the Government Printing- Office,Kingstown, St. Vincent and the Grenadines.

1987. [Pirkle $20.80 cents. )

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