Schedule 1
CONDITIONS GOVERNING APPLICATION OF THE TARIFF IN ACCORDANCE WITH SECTION 16 OF THE ACT
The dues and charges as published in this Tariff shall be subject to the undermentioned conditions—
1. Application of Tariff and Supplements
The dues, charges and conditions whether general or special in the tariff apply equally to all users of all traffic in any port or terminal facilities owned, operated or administered by the Authority under the jurisdiction of the General Manager on and after the effective date of the Tariff or any supplements to it.
The General Manager by delegation from the Council is the sole judge as to the application of the Tariff and shall decide priorities as it appears to him or her best calculated to serve the public interest and in such a manner that no undue advantage may be gained or dis-advantage suffered by any port user or class of port user having regard to the use of the port by other port users or other classes of port users.
2. Other Dues and Charges
The General Manager may fix the dues or charges to be paid in respect of any matter not included in the Tariff and for that purpose he or she shall take into account the total cost of any service provided by the Authority in respect of that matter and the nature of that service.
3. Adjustment of Dues and Charges
The General Manager may where the circumstances of the case are unusual or exceptional make such adjustment to the dues or charges in the Tariff as the case may in his or her opinion require.
4. Appeals
An appeal may be made to the Council on any ruling given by the General Manager on the tariff.
5. Consent to the terms of the Tariff
The use of a port or terminal facility under the jurisdiction of the General Manager constitute a consent to the terms and conditions of the dues and charges in the Tariff and evidence of an agreement on the part of port users to pay all dues and charges specified in the tariff and be governed by the regulations in it.
6. General Restrictions
The Authority is not obliged to—
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(a) provide storage or accommodation for cargo which has not been transported nor is intended to be transported by water to or from a port;
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(b) provide any service beyond the reasonable capacity of the terminal facilities available at that time;
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(c) provide extended storage for cargo, beyond any free storage period provided for in the tariff; and
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(d) accept any cargo which in the opinion of the General Manager is considered undesirable.
7. Furnishing Documents
All port users shall furnish the General Manager with copies of inward and outward manifests and any other documents showing such information as may be reasonably required by the General Manager at such time and in such a manner as may be stipulated by him or her.
8. Payment of Bills
All dues and charges assessed under the Tariff are due as they accrue and are payable within 15 calendar days after presentation of invoices. The Authority reserves the right in the event of a delay or failure to pay invoices when due to demand payment of dues or charges in advance before further services are performed or facilities used.
The Authority does not recognise individual owners of cargo and shall not attempt to collect dues and charges on behalf of the ship. The Authority shall be paid when such dues and charges are due regardless of when the ship is reimbursed.
9. Deposits
The Authority may require a deposit for all dues and charges in advance which may accrue against a port user for the use of a port or terminal facility; such use may be denied until such advance payments or deposits are made.
| Cash deposits required from ships— |
| (i) | per ton unloaded | $ 35 |
| (ii) | per ton loaded | $ 20 |
| (iii) | containers per T.E.U. | $ 800 |
| (iv) | tankers and bulk carriers per ton | $ 10 |
| (v) | passenger ships | |
| (a) | under 8,000 GRT per ship | $ 750 |
| (b) | 8,000 GRT and over per ship | $1,500 |
10. Appointment of an Agent
Every ship shall appoint an agent who is responsible for the payment of dues and charges without prejudice to the recovery by the agent from the owner or person in charge of the ship of such sums paid on behalf of any such ship.
11. Lien for Dues and Charges
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(1) Where any dues or charges payable under the tariff have not been paid within the period or at the time or place stipulated for their payment, the Authority may—
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(a) in the case of cargo in the port detain the cargo;
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(b) in the case of cargo on board a ship, seize the cargo and detain it; and
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(c) in the case of a ship detain the ship and appurtenances.
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(2) Where any cargo in respect of which charges are due and payable is removed from the port the General Manager may so long as the charges due remain unpaid detain any other cargo standing in the port or on board any ship which belongs to the person liable for the payment of those charges.
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(3) Where any ship in respect of which any dues and charges are due and payable has left the port the General Manager may so long as the dues and charges remain unpaid detain any other ship using a port which belongs to the person liable for the payment of those dues and charges.
12. Insurance
The dues and charges in the tariff do not include any insurance of any nature. Port users using a port or terminal facility are required to insure against any risk arising from such use.
13. Damage to Facilities
Port users of a port or terminal facility are responsible for any injury or damage to any person, port, ship, cargo, or terminal facility occasioned by them. It is the responsibility of the port users to report any damage occasioned by them immediately to the General Manager.
The Authority may detain any ship or vehicle responsible for any damage until a deposit is made to cover such damage or other indemnity given to the satisfaction of the General Manager.
14. Acceptance of liability
In accordance with section 46(a) of the Act, the Authority has determined the following conditions under which liability is accepted—
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(a) allowing cargo to remain in a terminal facility after the expiry of any free period is considered to be an omission by the owner and according to section 36(b)(iv) of the Act no liability whatsoever is accepted for any loss or damage to such cargo except in the case of the cargo being sold without adequate notice of the sale;
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(b) Section 36(b)(viii) of the Act shall be considered by the Authority to cover all unprotected cargo and the Authority shall accept no liability for any loss or damage of such cargo howsoever caused;
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(c) cargo stored in the open is held at owner's risk and the Authority shall accept no liability for any loss or damage howsoever caused to such cargo.
15. Notice for Claims under Section 89
In accordance with section 89 of the Act, notice for claims shall be given to the General Manager in writing within the time specified in that section.
16. Berthing
An “Application for a Berth” Form as in Appendix (1) shall be completed by a ship desiring a berth, and submitted to the General Manager 72 hours before the expected time of arrival of the ship.
An application for a berth shall be lodged with the General Manager, Monday—Friday not later than 3:00 p.m.
Once a berth is assigned which means a ship has been granted permission to use a specific berth a ship shall remain there until further directions or permission to move is given by the General Manager.
17. Requisition for Port Services
Any port user requesting port services at a port shall complete a “Requisition for Port Services” as in Appendix (2) as far as reasonably possible in advance of the date such services are required and submit the completed forms to the General Manager.
18. Access to Records
All port users are required to permit access to any relevant document for the following purposes—
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(a) audit;
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(b) ascertaining the correctness of reports submitted;
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(c) securing necessary data to permit correct rating of dues and charges.
19. Declared Tonnages
The Authority reserves the right to remeasure any ship and to weigh and measure any cargo in order to assess the accuracy of the GRT of ships and weights and measurements of cargo submitted for dues and charges purposes by port users. In the event of any error the cost of such operation shall be at the expense of the port user.
20. Liability for delays
The Authority is not liable for any loss or damage arising from any detention of cargo or delay in the discharge or loading of any ship or any stoppage by or connected with any ship in the delivery of cargo or shipment of cargo or any detention or delay of ships or vehicles howsoever caused. Any dues and charges incurred in the tariff shall be payable despite the occurrence of any such event.
21. Offences
The attention of port users is drawn to Part 10 of the Act in particular sections 79, 80, 82, 83 and 84, which apply to the tariff.