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Vanuatu Consolidated Legislation - 1988 |
Commencement: 31 December 1957
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 26
PORTS
JR 12 of 1957
JR 14 of 1961
JR 2 of 1962
JR 21 of 1963
JR 2 1973
JR 17 of 1978
Act 6 of 1985
ARRANGEMENT OF SECTIONS
SECTION
Ports of Entry
3. Port dues
Ports
4. Minister may declare and define the limits of ports
Harbourmasters and Port Officers
12. Signals as prescribed to be made for pilot
13. Harbourmaster or pilot not to be taken to sea except under unavoidable necessity
14. Government not liable for acts of pilot
16. Pilotage fees
Explosives
17. Use of explosives and firearms prohibited
Wrecks, Obstructions, Moorings
19. Obstructions to be removed
22. Removal of ballast forbidden without permission
Erection of Private Installations in a Port
23. Minister may licence occupation of foreshore for certain purposes.
24. Licensed part of foreshore to be lighted
Harbourmaster's Power of Entry on Land and Control of Lights
26. Harbourmaster may order screening of lights
Government Wharf and Port Charges
27. Government wharves and purlieus
29. Tonnage dues
30. Wharfage charges
31. Port charges
32. Exemption by Minister
Offences
34. Penalty
Regulations
35. Regulations
----------------------------------------
PORTS
To provide for the control of ports in Vanuatu.
INTERPRETATION
1. In this Act, unless the context otherwise requires -
"ballast" includes any material or thing used for the ballasting of vessels;
"buoys" and "beacons" include all marks and signs in aid of navigation;
"goods" means all kinds of movable personal property including animals;
"master" means the person in command or in charge of any vessel not being the pilot;
"Minister" means the Minister responsible for ports and marine;
"owner" when used in relation to goods includes any person being or holding himself out to be the owner, importer, exporter, consignee, agent or person possessed or having any control or power of disposition over goods;
"owner" in respect of a vessel includes every person acting as agent for the owner, or authorised to receive freights or other charges payable in respect of the vessel;
"pilot" means any person not belonging to a vessel who has the conduct thereof;
"port dues" and "dues" mean any due, rate, fee, toll, tax, pilotage rate, light due, port charge, or payment in the nature thereof payable or leviable under this Act;
"ports works" includes generally any works for the improvement, protection, management or utilization of a port and all buildings thereon and machinery used in connection with such harbour works;
"produce" means any kind of locally produced or manufactured goods for export;
"tidal lands" or "foreshore" means such parts of the bed, shore or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides;
"tidal water" means any part of the sea or of a river within, the ebb and flow of the tide at ordinary spring tides;
"vessel" includes every description of a ship or boat and means anything made or used to carry by water or to hold or contain on water any human being or goods or property whatsoever;
"warehouse" includes all warehouses, buildings or premises in which goods landed from or to be carried in vessels, may be lawfully placed;
"wharves" includes all wharves, quays, piers, jetties in or on or from which passengers or goods may be taken on board of or landed from vessels.
PORTS OF ENTRY
PORT VILA AND LUGANVILLE TO BE PORTS OF ENTRY
Provided that the Minister may by Order and subject to such conditions as he may prescribe authorise the entry into and departure from Vanuatu of vessels at ports other than those of Port Vila and Luganville:
And further provided that in the case of vessels which may through stress of weather or other circumstances be compelled to disregard the provisions of this section the onus of proof that such disregard was caused by circumstances over which the master of the vessel had no control shall rest on such master otherwise he shall be considered as having been guilty of an offence against this Act.
PORT DUES
(2) Dues collected under subsection (1) shall be payable at the first port of entry visited by a vessel during each visit to Vanuatu.
(3) Notwithstanding the provisions of subsection (1), vessels of war of any nationality shall be exempt from payment of port dues.
MINISTER MAY DECLARE AND DEFINE THE LIMITS OF PORTS
HARBOUR MASTERS AND PORT OFFICERS
MINISTER TO APPOINT HARBOURMASTER
USE OF HARBOURMASTER'S FLAG
POWERS OF HARBOURMASTER
MASTERS TO COMPLY WITH HARBOURMASTER'S DIRECTIONS
POWERS OF HARBOURMASTER TO MOVE VESSELS
HARBOURMASTER MAY TAKE NECESSARY ACTION TO ENSURE SECURITY OF SHIPPING
LICENSING OF PILOTS
Provided that no person shall be granted a certificate of competency or be licensed as a pilot unless he has satisfied the Minister that he is capable of performing such duties.
SIGNALS AS PRESCRIBED TO BE MADE FOR PILOT
(2) The Minister may by Order define the limits within a port, as declared under the provisions of section 4, within which pilotage shall be compulsory and may define the conditions relating to such compulsory pilotage.
HARBOURMASTER OR PILOT NOT TO BE TAKEN TO SEA EXCEPT UNDER UNAVOIDABLE NECESSITY
GOVERNMENT NOT LIABLE FOR ACTS OF PILOT
POWER TO CANCEL PILOT'S LICENCE
PILOTAGE FEES
EXPLOSIVES
VESSELS CARRYING EXPLOSIVES OR OTHER DANGEROUS MATERIALS
USE OF EXPLOSIVES AND FIREARMS PROHIBITED
WRECKS, OBSTRUCTIONS, MOORINGS
OBSTRUCTIONS TO BE REMOVED
NO PERSON OTHER THAN OWNER MAY DESTROY WRECK WITHOUT PERMISSION
HARBOURMASTER'S PERMISSION REQUIRED TO LAY DOWN BUOY OR MOORING
REMOVAL OF BALLAST FORBIDDEN WITHOUT PERMISSION
ERECTION OF PRIVATE INSTALLATIONS IN A PORT MINISTER MAY LICENCE OCCUPATION OF FORESHORE FOR CERTAIN PURPOSES
(a) the building or repairing of vessels of any kind;
(b) the erection of and use of any boat-shed, landing-place or wharf;
(c) the erection of baths and bath houses and any enclosure or fence necessary for the protection or privacy of the same;
(d) any other purpose relating to the convenience of shipping or of the public as they may approve:
Provided that the Minister may at any time revoke such licence without prejudice to any claim for compensation by any party adversely affected by such revocation.
(2) The revocation of any such licence shall not take effect until the expiration of 6 months after service on the licensee of a written notice of the revocation of the licence.
(3) No such licence or permit shall be granted which will interfere with the free navigation of the port.
(4) The Minister may authorise the licensee to make such maximum charges to the public for the use of a wharf as may be prescribed by the Minister by Order.
(5) Any person, not being the holder of a licence issued under this section, who shall erect or construct a wharf in any port or encroach in any way on the water of any port shall be guilty of an offence against this Act.
LICENSED PART OF FORESHORE TO BE LIGHTED
HARBOURMASTER'S POWER OF ENTRY ON LAND AND CONTROL OF LIGHTS POWERS OF ENTRY OF HARBOURMASTER IN CONNECTION WITH LIGHTS
HARBOURMASTER MAY ORDER SCREENING OF LIGHTS
Provided that any person aggrieved by such order may, after complying with the order, appeal to the Minister.
GOVERNMENT WHARF AND PORT CHARGES
GOVERNMENT WHARVES AND PURLIEUS
VESSELS TO OBTAIN PERMISSION TO BERTH AT GOVERNMENT WHARF
TONNAGE DUES
WHARFAGE CHARGES
PORT CHARGES
EXEMPTION BY MINISTER
OFFENCES
OFFENCES
(a) casts or suffers to fall into a port, or places on land in such a position that it may be carried or washed down into a port, any noxious material or thing, or thing likely to interfere with navigation:
Provided that the harbourmaster may permit the master of a vessel to discharge ballast, ashes, oil and ships' refuse at such places and in such manner as he may direct;
(b) casts or places or leaves any vessel laid by or neglected as unfit for sea service or any floating or other timber or any other thing in any port;
(c) erects any beacon in a port without the authority of the harbourmaster;
(d) removes, injures, alters or destroys any navigation light, or port installation;
(e) gives or offers any money or thing by way of reward or bribe to any harbour master, pilot or other officer employed about a port for the purpose of gaining an undue preference in the execution of his office or for the purpose of inducing him to do or omit to do anything relating to his office.
PENALTY
REGULATIONS
REGULATIONS
_______________________________
[Subsidiary]
SUBSIDIARY LEGISLATION
PORTS (DUES, FEES AND CHARGES) REGULATIONS
Order 59 of 1987
ARRANGEMENT OF REGULATIONS
REGULATION
1. Port dues
2. Pilotage fees
3. Tug service in Port Vila
4. Tug service in Luganville
5. Surcharge in respect of vessel at fault
6. Standby time for pilot, tug and mooring crews
7. Pilotage in other areas
8. Surcharge in respect of pilot and tug
9. Pilot launch
12. Line handling fees
13. Wharfage charge for loading and discharging
14. Storage charges
-----------------------------------
SUBSIDIARY LEGISLATION
PORTS (DUES, FEES AND CHARGES) REGULATIONS
To prescribe the rates for port dues, pilotage fees, berthing dues, line handling fees, wharfage charges and storage charges.
PORT DUES
(2) Port dues payable in respect of every overseas yacht and pleasure craft which enters a port of entry from any place beyond Vanuatu shall be VT5,238 for any period up to and including 30 days and thereafter a surcharge shall be levied at VT70 per day.
(3) The port dues payable under subregulations (1) and (2) shall be payable by the shipping company or shipping agent to the Director of Ports and Marine within 1 month from the date of the invoice issued in arrears.
(4) Where the port dues referred to in subregulations (1) and (2) are not paid within 1 month from the date of the invoice the port dues payable shall be double the rate specified in subregulation (1) or (2) as the case may be.
PILOTAGE FEES
2. (1) Pilotage fees payable in respect of every vessel, other than an exempted vessel,
which uses the services of a pilot within the compulsory pilotage area of Port Vila and Luganville shall be at the rates given below-
Vessels Port Vila Luganville
(a) between 60 and 100 metres in length VT29,100 VT17,460
(b) between 101 and 130 metres in length VT36,084 VT23,280
(c) between 131 and 160 metres in length VT43,068 VT25,608
(d) between 161 and 200 metres in length VT50,052 VT27,936
(e) over 200 metres VT64,020 VT38,412
(2) Pilotage fees payable under subregulation (1) shall be payable by the shipping company or the shipping agent to the Director of Ports and Marine within 1 month from the date of the invoice issued in arrears.
(3) Where the pilotage fees referred to in subregulation (1) are not paid within I month from the date of the invoice the pilotage fee payable shall be double the rates specified in subregulation (1).
TUG SERVICE IN PORT VILA
3. (1) The pilotage fee in Port Vila shall include the services of a tug.
(2) The fee payable in respect of a tug line within the compulsory pilotage area of Port Vila shall be VT1,746.
TUG SERVICE IN LUGANVILLE
SURCHARGE IN RESPECT OF VESSEL AT FAULT
STANDBY TIME FOR PILOT, TUG AND MOORING CREWS
6. The pilot, tug and mooring crews shall standby -
(a) for an inward bound vessel at least 1 hour prior to the expected time of arrival at the pilot station;
(b) for an outward bound vessel at least 30 minutes prior to the expected time of departure.
PILOTAGE IN OTHER AREAS
SURCHARGE IN RESPECT OF PILOT AND TUG
8. (1) Where pilotage operations are carried out between 1800 hours and 0600 hours or on
Saturdays, Sundays or public holidays the following additional fees shall be levied and shall be payable by the shipping company or the shipping agent to the Director of Ports and Marine -
(a) between 1800 hours to 2400 hours 50 per cent;
(b) between 2400 hours to 0600 hours 100 per cent;
(c) on Sundays and public holidays 100 per cent.
(2) An additional fee of VT5,820 per hour or part thereof shall be levied and shall be payable for the tug on standby for periods in excess of 1 hour.
PILOT LAUNCH
9. (1) The fee payable in respect of embarking or disembarking a pilot by a pilot launch
shall be VT5,238 per hour or part thereof.
(2) In the case of a pilot launch which is used for a purpose other than the purpose of embarking or disembarking a pilot between 1800 hours and 0600 hours an additional charge of 100 percent of the fee specified in subregulation (1) shall be payable.
(3) The fee paybie under subregulation (1) shall be levied and shall be payable by the shipping company or the shipping agent to the Director of Ports and Marine within I month from the date of the invoice issued in arrears.
(4) Where the fee referred to in subregulation (1) is not paid within 1 month from the date of the invoice the fee payable shall be double the rate specified in subregulation (1).
BERTHING DUES IN RESPECT OF OVERSEAS VESSELS
10. (1) Berthing dues payable in respect of every overseas vessel which berths at a
Government wharf shall be VT221 per metre of length per day or part thereof with a minimum charge of VT8,730 (the normal charge).
(2) In the case of an overseas vessel proceeding in or out of Vanuatu waters, which after obtaining the consent of the harbourmaster and the Customs Department, berths at a private wharf, the berthing due payable shall be 50 per cent of the dues specified in subregulation (1).
(3) Where any overseas vessel -
(a) returns to a Government wharf from another port in Vanuatu for the sole purpose of loading or unloading, stevedoring or handling equipment; or
(b) comes to a Government wharf to replenish its supplies of fuel and water;
the berthing due payable shall be 25 per cent of the amount specified in subregulation (1).
(4) The berthing dues payable under subregulation (1) shall be payable by the shipping company or the shipping agent to the Director of Ports and Marine within 1 month from the date of the invoice issued in arrears.
(5) Where the berthing dues referred to in subregulation (1) are not paid within I month from the date of the invoice the berthing dues payable shall be double the rate specified in subregulation (1).
BERTHING DUES IN RESPECT OF COASTAL VESSELS
11. (1) Subject to subregulation (5), berthing dues payable in respect of every coastal vessel
which berths at a Government wharf for the purposes of loading or unloading cargo or passengers shall be VT100 per metre of length per day or part thereof with a minimum charge of VTI,000 (the normal charge).
(2) Where any coastal vessel comes to a Government wharf to replenish its supplies of fuel and water or for purposes other than loading or unloading cargo or passengers, the berthing dues payable shall be VT50 per metre of length per day or part thereof with a minimum charge of VT500.
(3) The berthing dues payable under subregulation (1) shall be payable by the shipping company or the shipping agent to the Director of Ports and Marine within I month from the invoice date issued in arrears.
(4) Where the berthing dues specified in subregulation (1) are not paid within I month from the invoice date, the berthing dues payable shall be double the rate specified in subregulation (1).
(5) All Government vessels are exempted from the requirements of this regulation.
(6) For the purposes of this regulation, "coastal vessel" means a vessel engaged in -
(a) retail or wholesale trading which leaves a port in Vanuatu to visit other ports of the country; or
(b) the carriage of goods or passengers for profit from any port of Vanuatu whether or not to another port of the country.
LINE HANDLING FEES
12. (1) Line handling fees payable in respect of the handling of vessels lines at any
Government wharf, or if requested at any other wharf, for vessels berthing and unberthing per hour or part thereof shall be at the rates given below -
Length of vessel Rate
(a) up to 30 metres VT3,492
(b) between 31 metres and 60 metres VT5,820
(c) between 61 metres and 130 metres VT7,566
(d) between 131 metres and 160 metres VT9,894
(e) between 161 metres and 200 metres VT11,640
(f) over 200 metres VT12,222
(2) Where the handling of vessel lines is carried out between 1800 hours and 0600 hours or on Sundays or public holidays the following additional fees shall be levied and shall be payable by the shipping company or the shipping agent to the Director of Ports and Marine -
(a) between 1800 hours and 2400 hours
Monday to Saturday 50 per cent;
(b) between 2400 hours and 0600 hours 100 per cent
(c) Sunday and public holidays 100 per cent.
(3) An additional fee of VF5,238 per hour or part thereof shall be levied and shall be payable by the shipping company or the shipping agent for berthing or unberthing staff on standby in excess of 1 hour.
(4) The line handling fees payable under subregulation (1) shall be payable by the shipping company or the shipping agent to the Director of Ports and Marine within 1 month from the invoice date issued in arrears.
(5) Where the line handling fees referred to in subregulation (1) are not paid within I month from the invoice date the line handling fees payable shall be double the rates specified in subregulation (1).
WHARFAGE CHARGE FOR LOADING AND DISCHARGING
13. (1) Wharfage charges payable in respect of loading and discharging of all cargo to or
from an overseas destination passing through the ports of Port Vila and Luganville or other port which the Minister has by Order declared it as a port for the purposes of loading and discharging cargo shall be at the rates given below based on the cargo manifest and any amending documents -
(a) imported cargo at VT326 per freight ton;
(b) exported cargo at VT163 per freight ton.
(2) The minimum charge shall be VT163 per freight tonnage on a simple bill of lading.
(3) Notwithstanding the provisions of subregulation (1), a wharfage charge of 50 per cent of the normal charges as specified in subregulations (1) and (2) shall be payable in respect of any cargo from any overseas destination intended for export as an export commodity from Vanuatu and is exported as such either in its original state or otherwise and provided that at all material times the cargo or the goods comprised therein are not removed from the limits of the wharves or such other restricted custom areas as the Director of Customs may in writing specify.
(4) In the event of non-payment of his remuneration or of the charges provided for in subregulations (1), (2) and (3) the stevedore shall have the right to retain possession of the cargo until such time as full payment has been made.
(5) The stevedore may arrange -
(a) for perishable cargo to be transported into a refrigerated warehouse for the account and at the expense of the consignee; and
(b) for non-perishable cargo to be transported into a customs warehouse if the owner of such cargo has not collected them within 7 days of their arrival on the wharf.
(6) The wharfage charges payable under subregulations (1) and (3) shall be payable by the stevedore to the Director of Ports and Marine within I month from the date of the invoice issued in arrears.
(7) Where the wharfage charges referred to in subregulation (1) are not paid within 1 month from the date of the invoice the wharfage charges payable shall be double the rates specified in subregulation (1).
STORAGE CHARGES
14. (1) Storage charges payable in respect of any cargo stored at a Government wharf,
warehouse or in the open but within the controlled port areas of Port Vila or Luganville shall be at the rates, per metric ton or part thereof, given below -
(a) first 5 working days Free;
(b) second 5 working days VT300;
(c) third 5 working days VT700;
(d) fourth 5 working days VTI,300.
(2) The storage charges payable under subregulation (1) shall be payable by the consignee or the shipper to the Director of Ports and Marine within 1 month from the date the cargo reaches the wharf, warehouse or in the open but within controlled port areas, as the case may be.
(3) Where the storage charges referred to in subregulation (1) are not paid within 1 month from the date the cargo reaches the wharf, warehouse or in the open but within the controlled port areas, as the case may be, an additional charge of VTI,300 per day per metric ton or part thereof is payable by the consignee or the shipper to the stevedoring contractor.
(4) After a period of 3 months from the date on which the storage charges are due, the stevedore may with the written consent of the Director of Ports and Marine, take legal proceedings for the forfeiture and sale of the goods in question.
(5) In the event of a dispute, the stevedore shall undertake the necessary weighing and measuring operations to establish the charges prescribed by these regulations.
(6) If the weights and measurements -
(a) are greater than those declared, the cost of such weighing and measuring operations shall be borne by the consignee or shipping agent;
(b) are lower than those declared, the cost of such weighing and measuring operations together with that caused by the resulting delay shall be borne by the stevedore.
_________________________________
[Subsidiary]
SUBSIDIARY LEGISLATION
SUBSIDIARY LEGISLATION PORTS (APPROVED PRIVATE INSTALLATIONS) REGULATIONS
Order 1 of 1986
ARRANGEMENT OF REGULATIONS
REGULATION
1. Form of application
2. Form of permit and licence
3. Fees
4. Director of Ports and Marine to collect fees
SCHEDULE 1 - Combined application and permit form for a permit to construct on and or
use any part of the harbour up to and including the areas of the water tide mark.
SCHEDULE 2 - Fees payable for licences and permits.
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SUBSIDIARY LEGISLATION
PORTS (APPROVED PRIVATE INSTALLATIONS) REGULATIONS
To prescribe the fees and form of licences for the purposes of section 23 of the Ports Act, Cap. 26.
FORM OF APPLICATION
FORM OF PERMIT AND LICENCE
FEES
DIRECTOR OF PORTS AND MARINE TO COLLECT FEES
_________________________
SCHEDULE 1
(Regulations 1 and 2)
COMBINED APPLICATION AND PERMIT FORM FOR A PERMIT TO CONSTRUCTION AND OR USE ANY PART OF THE HARBOUR UP TO AND INCLUDING THE AREAS OF THE WATERTIDE MARK
I, the undersigned (Name) ..................................................................................... of (Address) ......................................................................................................
......................................................................................................................
hereby apply for a permit to construct and or use part of the harbour at the area(s) bounding on title(s) No.(s) .......................................................................................................
within the harbour limits of .......................................................................................
for the purpose of ................................................................................................
........................................................................................................................
Detailed plans are attached/not attached.
.......................................................... .........................................................
Permit Licence No. ................................... Dated .................................................
is hereby granted/not granted under section 23 of the Ports Act, Cap. 26 to Mr/Mrs/Miss .............
........................................................................................................................
Subject to the following reservations or conditions.
.........................................................................................................................
................................................................................................................................................................................................................................................
Dated ................................................. .........................................................
Minister
______________________
SCHEDULE
(Regulation 3)
FEES PAYABLE FOR LICENCES AND PERMITS
Purpose of Licence or Permit Amount of fee payable
(a) The building or repairing of vessels of any kind VT3,000
(b) The erection of and use of any boatshed, mooring,
landing place or wharves VT10,000
(c) The erection of baths, bath houses and enclosures or fence
for protection or privacy of the same VT10,000
(d) Other purposes relating to the convenience of shipping or of
the public as the Minister may approve VT10,000
NOTE: (i) No licence or permit will be issued until the appropriate fee has been paid.
(ii) The Director of Ports and Marine will collect all fees.
_____________________________________________
[Subsidiary]
SUBSIDIARY LEGISLATION
PORTS (COMPULSORY PILOTAGE AT PORTS OF PORT VILA
AND LUGANVILLE) REGULATIONS
Joint Rules 4 of 1973
Joint Rules 2 of 1977
ARRANGEMENT OF REGULATION
REGULATION
---------------------------------
SUBSIDIARY LEGISLATION
PORTS (COMPULSORY PILOTAGE AT PORTS OF PORT VILA
AND LUGANVILLE) REGULATIONS
To provide for compulsory pilotage at the ports of Port Vila and Luganville.
INTERPRETATION
"ship" means any ship, vessel, tug, barge or boat of whatever kind whether driven by steam or drawn by a tug.
COMPULSORY PILOTAGE
HARBOURMASTER TO CARRY OUT PILOTAGE
3. (1) The harbourmaster shall carry out the pilotage. If the harbourmaster is not available,
the pilotage may be undertaken by a licensed pilot.
(2) If neither the harbourmaster nor any other person licensed as a pilot for the port of Port Vila or Luganville is available, the master of a ship requiring to be moved within the port limits may do so without the services of a pilot provided that prior permission to do so has been obtained from the harbourmaster or in his absence, from his representative.
CONDUCT OF PILOT
APPLICATION FOR PILOT'S LICENCE
5. (1) Application for a licence to act as a pilot in the port of Port Vila or Luganville shall
be made in writing to the Minister.
(2) The applicant must in all cases -
(a) have reached the age of 27 years;
(b) hold either a certificate of competence issued by the Minister or an equivalent certificate considered to have the same value;
(c) forward a certificate from either the Director of Ports and Marine or the harbourmaster of the port of Port Vila or Luganville (as the case may be) of his knowledge of the port of Port Vila or Luganville to manoeuvre ships and his sobriety and good character.
EXEMPTION FROM PILOTAGE
6. The following vessels are exempted from compulsory pilotage -
(a) ships owned or operated by the Government;
(b) pleasure yachts;
(c) ferry-boats used as used exclusively within the limits of the port;
(d) tugs, dredges and barges;
(e) ships specially exempted by the harbourmaster.
PERMISSION REQUIRED FOR MOVEMENT IN PORT OF SHIPS OVER 20 TONS7. When any ship of a net tonnage greater than 20 tons must be moved within the limits of the
port of Port Vila or Luganville, the prior permission of the harbourmaster must be obtained, whether or not it is exempted from compulsory pilotage under regulation 6.
REGISTER OF SHIPS PILOTED TO BE KEPT IN PORT OFFICES
PILOTAGE FEES
FEES FOR SHIPS EXEMPT FROM PILOTAGE
CHARGES FOR DETENTION OF PILOT OR CANCELLATION OF PILOTAGE
PILOTAGE DEPOSITS
OFFENCES AND PENALTIES
13. (1) Any person who contravenes any of the provisions of these regulations shall commit
an offence and shall be liable to a fine not exceeding VT50,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.
(2) Any master or agent of a ship who evades or attempts to evade paying any pilotage fees due, shall be liable to pay double the amount of such fees which would normally have been payable and such doubled fees shall be paid in addition to any fine which may be imposed.
(3) Any person who wrongfully represents himself to be a licensed pilot shall be liable to a fine not exceeding VT50,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.
________________________________
SUBSIDIARY LEGISLATION
PORTS (OPERATIONS IN PORT OF PORT VILA) REGULATIONS
Joint Rules 6 of 1965
Joint Rules 3of 1973
ARRANGEMENT OF REGULATIONS
REGULATION
3. Licensed wharves
4. Laying of moorings
9. Coming alongside
10. Areas where no ships may anchor
21. Loading and unloading of animals
27. Documents required for clearance
28. Delivery of documents to authorities
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SUBSIDIARY LEGISLATION
PORTS (OPERATIONS IN PORT OF PORT VILA) REGULATIONS
To regulate operations in the port of Port Vila.
INTERPRETATION
"international regulations" means the international collision regulations subscribed to by Vanuatu;
"the port" means the port of Port Vila;
"ship" includes any description of vessel used in navigation not propelled by oars.
DECLARATION OF A PORT
LICENSED WHARVES
3. (1) Wharves in the port which are not owned by the Government shall only be operated
for the loading and unloading of cargo if licensed by the Minister.
(2) Notwithstanding any condition which may be imposed by the licences, owners of licensed wharves shall comply with the following conditions -
(a) to maintain their wharves and the installations thereon to the satisfaction of the Minister;
(b) to refrain from carrying out any extension, reclamation, or construction thereon without the written permission of the Minister.
LAYING OF MOORINGS
ADVANCE INFORMATION OF ARRIVAL
(c) the maximum draught of the ship;
(d) the tonnage and nature of the cargo to be unloaded;
(e) whether there are explosives on board;
(f) the state of health of the ship:
Provided that where the owner of the said ship has his place of business or an agent in Port Vila all or part of the information required under the provisions of this regulation may be furnished directly by the said owner or his agent.
DOCUMENTS
(g) a list of the ship's crew's effects;
(h) 2 copies of the declaration of arrival;
(i) a customs clearance from the last port of call;
(j) a bill of health;
(k) a statement of the mail destined for Port Vila.
NATIONAL COLOURS
7. (1) Every ship entering the port shall fly its national flag.
(2) Ships other than Vanuatu registered ships shall fly the Vanuatu flag from the foremast.
PORT NAVIGATION
8. Every ship shall navigate within the port in accordance with international regulations.
COMING ALONGSIDE
9. (1) No ship shall berth alongside any wharf owned by the Government without the
consent of the harbourmaster and shall leave when ordered by him to do so.
(2) No ship may berth alongside any licensed wharf without the consent of the owner and shall leave when ordered by him to do so:
Provided that the harbourmaster may in his own discretion order the ship to leave a private wharf under the provisions of regulation 30 if the ship is a hindrance to the passage of other ships or is a danger thereto;
(3) No ship shall berth alongside another ship without the consent of the master of that other ship.
AREAS WHERE NO SHIPS MAY ANCHOR
10. (1) No ship shall heave to or anchor within the zones hereinafter defined -
(a) on the south by a line running from the Iririki Island Resort wharf on Iiriki to the southernmost point of the Ballande Vanuatu wharf;
On the north by a line running from the northernmost point of Burns Philip and Co. Ltd's wharf to the northernmost point of Iririki;
(b) in the Iririki channel within a radius of 80 metres of the black buoy;
(c) in the channels giving access from open water to the Ballande Vanuatu wharf and from open water to the "Mombah";
(d) in the Anabrou cove less than 50 metres on either side of the submarine cable supplying electricity to Malapoa.
(2) The areas referred to in paragraphs (a) and (d) of this regulation in which no ship may anchor shall each be indicated by 4 yellow and black markers, of which 2 shall be on the east shore and 2 on the west shore, as indicated on the map deposited with the Public Works Department.
(3) No ship shall heave to or anchor so as to impede access to wharves or in the access channels to or from the inner harbour between Iririki and the mainland.
RESTRICTIONS ON THE PASSAGE OF SHIPS
To the west of the black buoy: 18 metres.
To the east of the black buoy: 21 metres.
SPEED IN THE PORT
12. (1) No ship within the port shall move at a speed exceeding 6 knots without the
permission of the harbourmaster.
(2) Small boats, launches and lighters used within the port shall give way to sea going ships.
(3) Pleasure launches shall only operate within the port at times and places laid down by the harbourmaster, who shall have discretion to vary these as port operations and ship movements require.
SHIPS TO CARRY LIGHTS AT NIGHT
13. (1) Every ship navigating in the port between sunset and sunrise shall carry the
navigation lights as prescribed for a ship of its length and tonnage by international regulations.
(2) Every ship at anchor or moored in the port which has not been hauled up on the beach shall between sunset and sunrise exhibit the anchor lights as prescribed for a ship of its length and tonnage by international regulations.
SHIPS TO BEAR NAME OR MARK
PRECAUTIONS AGAINST FIRE
15. (1) The master of a ship shall take all seaman like precautions against the danger of fire
and shall not permit any open fire on his ship.
(2) The master of any ship moored or at anchor in the port shall ensure that there shall always be at least one man on duty on board who shall be instructed in the action to be taken in the event of fire, flooding or other emergency.
FIRE ON BOARD
16. (1) In the event of a fire on board a ship the master or his deputy shall immediately take
action to control it and inform the harbourmaster who may order the ship to leave the port and may take all necessary steps to ensure that his order is immediately complied with.
(2) The master of the ship shall be in sole charge of fire fighting operations on board.
LOADING OR UNLOADING OF DANGEROUS CARGO
CUSTOMS CONTROL
LEAKING DRUMS
19. (1) No leaking drums of fuel of any nature may be left within wharf areas.
(2) No wet copra or copra contained in wet bags shall be stored in wharf warehouses.
LOADING AND UNLOADING OF ANIMALS
REPAIRS OF SHIP WHEN ALONGSIDE A GOVERNMENT WHARF
FUMIGATION OF A SHIP
UNNECESSARY NOISE
23. (1) Except in an emergency to attract attention, ships' sirens or whistles shall not be
used in the port between the hours of 8 p.m. and 6 a.m.:
Provided that this rule shall not apply to recognised manoeuvring and bad visibility signals.
(2) The engines of every power driven ship using the port shall be fitted with effective silencers.
DUMPING OF REFUSE
EXPECTORATING
WAITING AREA
DOCUMENTS REQUIRED FOR CLEARANCE
(c) 2 copies of a declaration of departure.
DELIVERY OF DOCUMENTS TO AUTHORITIES
HURRICANES
29. (1) In the event of bad weather and especially if a hurricane is reported approaching the
vicinity, any ship anchored or moored in the port shall either leave the port or move to a hurricane shelter position in the port at the earliest opportunity or when ordered to do so by the harbourmaster.
(2) No ship shall return to its original position until authorised to do so by the harbourmaster.
REFUSAL OF PERMISSION TO BERTH TO DAMAGED SHIP
RESPONSIBILITY FOR DAMAGE
31. (1) The master or owner of a ship shall be liable for any damage that the ship may cause
to a wharf owned by the Government or private wharf or its installations.
(2) The master of the ship shall report such damage to the harbourmaster and it shall be examined jointly by the harbourmaster and the master or in the absence of the latter, the local representative of the ship's owners, and a joint report prepared.
(3) Any necessary repairs carried out by the Government shall be at the expense of the owners of the ship.
(4) The harbourmaster may submit a written report in any case where the provisions of these Regulations have been contravened.
_______________________________________
[Subsidiary]
SUBSIDIARY LEGISLATION
PORTS (OPERATIONS IN PORT OF LUGANVILLE) REGULATIONS
Joint Rules 3 of 1957
Joint Rules 1 of 1960
Joint Rules 1 of 1961
Joint Rules 3 of 1962
Joint Rules 13 of 1976
Joint Rules 1 of 1977
ARRANGEMENT OF REGULATIONS
PART I
General Provisions
REGULATION
1. Interpretation
2. Declaration of a port
3. Delimitation of the customs area
4. Regulations regarding vessels in the port
5. Waiting area
9. Unnecessary noise
10. Advance information of arrival
11. Documents for inspection
PART II
Regulations regarding operations on the wharf
19. Unloading of dangerous cargo
20. Loading of dangerous cargo
21. Leaking drums
22. Wet copra
23. Disposal of contaminated or unclaimed goods
24. Loading and unloading animals
25. Entry of customs area by the public
26. Entry of customs area by vehicles
PART III
Regulations regarding the main wharf
27. Priority of vessels at the wharf
28. Priority of vessels of the same category
29. Vessel ordered to make way for another
33. Precaution to be taken by master
34. Offence to deposit rubbish or discharge liquid on wharf
35. Repairs of vessels berthed at wharf
36. Precautions against fire
PART IV
Regulations regarding the small ship wharf
37. Priority at small ship wharf
---------------------------------------------
SUBSIDIARY LEGISLATION
PORTS (OPERATIONS IN PORT OF LUGANVILLE) REGULATIONS
To regulate operations in the port of Luganville.
PART I
GENERAL PROVISIONS
INTERPRETATION
"customs area" means the area defined in regulation 3;
"port" means the port of Luganville;
"passenger ship" means a vessel possessing a safety certificate for a ship carrying more than 12 passengers;
"wharf" means the Government wharf at Luganville and includes the "main wharf" and the "small ship wharf".
DECLARATION OF A PORT
A: 15' 31' S and 167' 14' E
B: 15' 32' S and 167' 14' E
C: Point Chapuis (Black Rock Point) the North coast on the island of Aore as far as point
D: 15' 34' S and 167' 08.3' E
E: 15' 34' S and 167' 07.5' E
thence returning to point A along the South coast of the island of Espiritu Santo.
DELIMITATION OF THE CUSTOMS AREA
Provided that the port customs officer, may, on payment of such fees and subject to such conditions as may be prescribed by regulations, authorise the loading and unloading of goods at some other place within the port of Luganville.
REGULATIONS REGARDING VESSELS IN THE PORT
On the North, by a line running from a marker (No. 3) situated on the west corner of Pier 4 to the dolphin west of the wharf (No. 2), and thence by a straight line extending eastwards in line with the front edge of the wharf.
On the West, by a line running North/South defined by a marker on Santo (No. 3) and a 40 marker on Aore (No. 4).
On the South, by a line West/East extending from Chaverot Point.
On the East, by a line running North/South defined by a marker on Santo (No. 1) and a marker on Aore (No. 5).
Markers (1) and (3) bear the words "Limit of Anchorage".
WAITING AREA
SUBSIDIARY LEGISLATION
On the East, a line running from North to South through Clemenceau Point. On the West, a line running from North to South through Chaverot Point. On the North, the 5 fathom line.
On the South, a line on a bearing of 70' from a point situated 1,200 metres to the South of
Chaverot Point.
INDICATION OF CURRENTS AND TIDES
6. (1) The following signal flags shall be exhibited from the wharf by the harbourmaster to
indicate to ships berthing at the main wharf the direction of surface currents along the face of the wharf -
Flag Meaning
Red Current running to the East towards Tutuba
Yellow Current running to the West towards the Renee
Red and yellow No appreciable current
(2) The following signals shall be exhibited on the wharf to indicate to ships the state of the tide -
Signal Meaning
Black cone, apex uppermost Rising tide
Black cone, apex downmost Failing tide
Black ball Slack water
SPEED IN PORT
RIGHT OF WAY
UNNECESSARY NOISE
9. (1) Ships sirens or whistles shall not be used between the hours of 8 p.m. and 6 a.m.
provided that this shall not apply to recognised manoeuvring and bad visibility signals.
(2) The engines of all motor-vessels entering the port limits shall be fitted with effective silencers.
ADVANCE INFORMATION OF ARRIVAL
(a) the expected time of arrival;
(b) the maximum draught of the ship;
(c) the tonnage and nature of the cargo to be unloaded;
(d) whether there are explosives on board;
(e) the state of health of the ship;
(f) the state of health at the last port of call.
DOCUMENTS FOR INSPECTION
(a) the certificate of registry of the vessel;
(c) 6 copies of the manifest of cargo to be unloaded;
(c) 3 copies of a list of the crew;
(d) 3 copies of a list of the passengers;
(e) a list of ship's stores;
(f) 2 copies of the declaration of arrival;
(g) a customs clearance from the last port of call;
(h) the bill of health;
(i) a statement of mail destined for Espiritu Santo.
DOCUMENTS REQUIRED FOR CLEARANCE
(a) 3 copies of the export manifest;
(b) 3 copies of a list of the passengers embarked in Vanuatu;
(c) 2 copies of a declaration of departure.
RESPONSIBILITY FOR DAMAGE
HURRICANES
REFUSAL OF PERMISSION TO BERTH TO DAMAGED VESSEL
FIRE ON BOARD
FUMIGATION OF A VESSEL
EXEMPTIONS
18. Regulations 5, 10 and 11 shall not apply to Government owned vessels.
PART II
REGULATIONS REGARDING OPERATIONS ON THE WHARF
UNLOADING OF DANGEROUS CARGO
LOADING OF DANGEROUS CARGO
LEAKING DRUMS
21. No leaking drum of fuel may be left on the wharf.
WET COPRA
22. Wet copra or copra contained in wet bags shall not be stored in the wharf warehouses.
DISPOSAL OF CONTAMINATED OR UNCLAIMED GOODS
23. (1) The harbourmaster may direct -
(a) that goods that have perished and become objectionable or dangerous be destroyed at once; any necessary expenses being debited to the consignee;
(b) that any perishable goods of which the owner cannot be traced shall be sold;
(c) the sale 1 year after the date of deposit in the customs area of all other goods unclaimed by their owners.
(2) Any money realised from the sale of goods under subregulation (1)(b) and (c) shall be deposited with the Treasury after deduction of any unpaid wharf, storage, or customs dues and any expenses incurred by the Government in the sale.
LOADING AND UNLOADING ANIMALS
ENTRY OF CUSTOMS AREA BY THE PUBLIC
ENTRY OF CUSTOMS AREA BY VEHICLES
PART III
REGULATIONS REGARDING THE MAIN WHARF
PRIORITY OF VESSELS AT THE WHARF
27. (1) Vessels shall berth at the main wharf in the following order of priority and any
vessel already at the main wharf will be required to leave in the event of a vessel of a higher priority wishing to come alongside -
(a) cruise vessels;
(b) vessels maintaining a regular scheduled service to Vanuatu from any area; (c) merchant vessels loading chilled or frozen meat for export;
(d) other merchant vessels on a first come first served basis;
(e) warships.
(2) Tankers shall have priority during the hours from sunset to sunrise except where vessels already alongside the wharf can complete operations and sail that same night.
(3) Vessels in categories (a) and (b) in subregulation (1) shall lose their priority in the event that less than 1 month's notice is given to the harbourmaster of any change in the scheduled date of arrival, other than a change necessitated by "force majeure".
(4) The order of priority set out above shall also be observed at the Government wharf at Port Vila.
(5) Notwithstanding the provisions of subregulations (1) and (2), the Director of Ports and Marine may where circumstances so require, permit a vessel to berth or remain berthed at a Government wharf even though a vessel of higher priority wishes to come alongside.
PRIORITY OF VESSELS OF SAME CATEGORY
VESSEL ORDERED TO MAKE WAY FOR ANOTHER
29. (1) The master of a vessel required to give way under regulation 27 shall leave the
wharf when instructed to do so by the harbourmaster.
(2) The harbourmaster may instruct the master of a vessel which has completed working cargo more than 3 hours before the time fixed for its departure to give way to another vessel whatever may be its position in the order of priority.
(3) The harbourmaster may at his discretion postpone a vessel's departure until the end of the shift being worked.
For the purpose of this regulation "shift" shall mean a period of work of 8 hours.
HOURS OF MOORING AND CASTING OFF
DOUBLE BERTHING AT THE WHARF
RATE OF CARGO HANDLING
PRECAUTION TO BE TAKEN BY MASTER
(a) a net under each gangway;
(b) a light at the head of each gangway, during the hours of darkness;
(c) a net, covered where necessary by a tarpaulin, under each derrick overhanging the wharf;
(d) an effective rat-guard on each mooring line.
OFFENCE TO DEPOSIT RUBBISH OR DISCHARGE LIQUID ON WHARF
REPAIRS OF VESSELS BERTHED AT WHARF
PRECAUTION AGAINST FIRE
PART IV
REGULATIONS REGARDING THE SMALL SHIP WHARF
PRIORITY AT SMALL SHIP WHARF
VESSEL NOT TO GO ALONGSIDE WHILE OTHER VESSEL IS MANOEUVERING AT MAIN WHARF
LOADING OR UNLOADING TO BEGIN AT ONCE
MAXIMUM PERIOD ALLOWED AT WHARF
REPAIRS OF VESSEL WHEN ALONGSIDE WHARF
PRECAUTIONS AGAINST FIRE
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