BINTULU PORT AUTHORITY ACT 1981

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 243 BINTULU PORT AUTHORITY ACT 1981 As at 1 July 2015 2 BINTULU PORT AUTHORITY ACT 1981 Date of Royal Assent … … 4 February 1981 Date of publication in the Gazette … … 5 February 1981 Latest amendment made by Act A937 which came into operation on … … … … 10 November 1995 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 243 BINTULU PORT AUTHORITY ACT 1981 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II BINTULU PORT AUTHORITY 3. Establishment of Bintulu Port Authority 4. Constitution of Authority 5. Functions of Authority 5A. Power of Authority to enter into any arrangement for sharing of profits, etc. 5B. Additional function of the Authority 6. Duties of Authority 7. Powers of Minister in relation to Authority 8. Power of Authority as to property 9. Acquisition of immovable property by Authority 9A. Disposal of land 10. Power of Authority to lease or grant licences in respect of foreshore 4 Laws of Malaysia ACT 243 Section 11. Port Consultative Committee 12. Working capital of Authority 13. Finances and accounts of Authority 13A. Power to borrow money 14. Investment of moneys not immediately required to be expended, and contributions to charity 15. Inspection and audit of accounts 16. Books of accounts and records to be kept at head office 17. Statutory Bodies (Accounts and Annual Reports) Act 1980 to apply 18. Authority to furnish Minister with certain returns and other reports and information 19. Estimates of revenue and expenditure 20. Supplementary estimates PART III OFFICERS AND SERVANTS 21. Appointment of officers and servants 22. Establishment of Port security force 23. Duties of General Manager 24. Power to make rules 25. Public servants for purposes of Penal Code 26. Application of Public Authorities Protection Act 1948 and protection from personal liability PART IV CHARGES AND RECOVERY OF CHARGES 27. Authority may levy charges 27A. Submission of memorandum for any change in existing structure of charges 28. Charges to become due and payable where request withdrawn without reasonable notice 29. Recovery of charges in arrears 30. Recovery of pilotage dues 31. Power to sell goods remaining in custody Bintulu Port Authority Section 32. Power to compound or compromise claim or demand 33. Power to distrain for non-payment of charges PART V LIABILITY OF THE AUTHORITY 34. Limitation of Authority’s liability in other matters 35. Liability in respect of loading or discharging operations 36. Goods deposited for lighterage or shipment 37. Loss, destruction of or damage to goods other than transhipment goods deposited with Authority 38. Loss or destruction of or damage to transhipment goods deposited with Authority 39. Force majeure, etc. 40. Limitation of liability in respect of one occasion 41. Exemption from liability for failure to run ferry boat as advertised 42. Power of High Court to consolidate claims 43. Liability for loss under contract PART VI PORT, WHARVES AND PREMISES 44. Control of foreshores 45. Landing or shipping of cargo over quays, wharves, etc. 46. Construction of quays, wharves, etc. 47. Permit for conveyance of goods 48. Appeal 49. Minister may appoint any place for use as customs collecting centre 50. Licensed warehouse 51. Power of Authority to order vessels to come alongside 52. Government vessels 5 6 Laws of Malaysia ACT 243 PART VII PILOTAGE Section 53. Declaration of pilotage district 54. Vessels of certain tonnage to be under pilotage 55. Authority to employ pilots 55A. Power of Pilotage Committee to license employees of a licensed operator 55B. Vessel to be piloted by Authority pilot or a licensed person 56. Appointment and functions of Pilotage Committee 57. Constitution of Pilotage Committee 58. Rules in relation to Pilotage Committee 59. Examination for and issue of licence to act as pilot 60. Inquiries by Pilotage Committee 61. Submission of Pilotage Committee’s findings and recommendations to Authority 62. Liability of master or owner in case of vessel under pilotage 63. Limitation of Authority pilot’s liability when bond is given 64. Pilotage Committee and Authority not liable for loss or damage occasioned by pilot 65. Summary proceedings 66. By-laws regulating pilotage and conduct of pilots PART VIIA EXTENSION OF THE FUNCTIONS, ETC., OF THE PORT AUTHORITY TO OTHER PORTS 66A. Power of Minister to extend Authority’s functions to other ports 66B. The authority in carrying out its extended functions shall be deemed to be an independent port authority 66C. Power of Minister to make provisions for the Authority to carry out its functions 66D. Interpretation Bintulu Port Authority 7 PART VIII BY-LAWS Section 67. By-laws PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES 68. Refusal or neglect to appear before Auditor General or to produce books for inspection 69. Penalty for evading rates or charges 70. List of all goods imported or exported to be left at office of Authority 71. Penalties to extend as well to principals as servants 72. Penalty for disobeying orders of wharf superintendent 72A. Penalty for hindrances or obstructions to any member, officer or servant of the Authority 73. Penalty for not keeping vessel so loaded with ballast or otherwise as to be safely removed 74. Powers of General Manager or authorized person to order scuttling or removal of vessel in case of fire 75. Boarding of vessel when commission of offence suspected 76. Penalties as to employment of pilot other than Authority pilot 77. Receiving or offering improper rates of pilotage 78. Offences by Authority pilot 79. Penalty on pilot endangering ship, life or limb 80. Failure to employ Authority pilot or licensed pilot under certain circumstances 81. Penalty for false information on draught 82. Penalty for giving false statement in return 83. Penalty for throwing ballast, etc., into dock 83A. Authority to recover expenses incurred for act done pursuant to a lawful direction 84. General penalty 84A. Penalty for contravening section 44 or 45 84B. Offence committed by a body corporate: officers deemed to be guilty 8 Laws of Malaysia ACT 243 Section 85. Evasion of rates or charges not waived by subsequent acceptance of payment 86. Recovery of damages for injury to property of Authority 87. Offence may be tried by Magistrate’s Court 88. Distress in the event of failure to pay damages or costs 89. Limitation of period of prosecution 89A. Power to compound offence 90. Service on company of summons 91. Conduct of prosecution PART IXA SPECIAL POWERS 91A. Special powers in emergency PART X TRANSFER, TRANSITIONAL AND GENERAL 92. Transfer of responsibility, etc., from Federal Government to Authority 93. Minister may appoint persons on temporary basis for purposes of this Act SCHEDULE 9 LAWS OF MALAYSIA Act 243 BINTULU PORT AUTHORITY ACT 1981 An Act to provide for the establishment of the Bintulu Port Authority, for the transfer to and vesting in the Authority of responsibility for the development, control and administration of Bintulu Port and for all other matters and things necessary therefor, incidental thereto or connected therewith. [section 93—1 May 1981, P.U. (B) 257/1981; All provisions except section 92—15 August 1981, P.U. (B) 458/1981; section 92—16 August 1981, Act A937] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Bintulu Port Authority Act 1981 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint and he may appoint different dates for the coming into force of different provisions. (2) Notwithstanding subsection (1), section 92 shall be deemed to have come into force on 16 August 1981. (3) Any act or thing done or any money collected, expended or invested by the Authority before the commencement of this Act that 10 Laws of Malaysia ACT 243 would have been lawful if the provisions of this Act had been in force at the time when it was done is hereby validated and declared to have been lawfully done or collected, expended or invested by it. Interpretation 2. In this Act, unless the context otherwise requires— “Authority” means the Bintulu Port Authority established under section 3; “Authority pilot” means a pilot employed by the Authority under section 55; “Chairman” means the Chairman of the Authority appointed under paragraph 4(1)(a); “charges” includes tolls, dues, rents and other rates leviable under this Act or any rules or by-laws made thereunder; “docks” includes basins, locks, cuts, entrances, graving-docks, keelblocks, inclined-planes, slipways, gridirons, quays, warehouses and other works and things appertaining to docks; “General Manager” means the General Manager of the Port appointed under section 21; “goods” includes livestock, minerals, wares, gases of every form and merchandise of every description; “Government” and “Federal Government” mean the Government of Malaysia; “land” includes the bed of the sea below high-water mark; “licensed operator” means a licensed operator licensed under Part III of the Ports (Privatization) Act 1990 [Act 422]; “licensed warehouse” means a warehouse or other place licensed for the warehousing of dutiable goods under section 65 of the Customs Act 1967 [Act 235]; Bintulu Port Authority 11 “master” includes every person, except a pilot, having for the time being the command or charge of any vessel; “Minister” and “Minister of Finance” mean the Federal Ministers charged with responsibility respectively for ports and harbours, and for finance; “owner”, when used in relation to goods, includes a consignor, consignee, shipper or an agent for the sale, custody, shipping or landing of those goods; and, when used in relation to a vessel, includes a part-owner, charterer, consignee or mortgagee in possession of the vessel; “pier” includes a stage, stairs, a landing-place, landing-stage, jetty, floating barge or pontoon and a bridge, and other works connected therewith; “pilotage district” means an area in the Port or the approaches to the Port declared under section 53 to be a pilotage district; “Port” means Bintulu Port within the limits of the area declared under section 3 of the Act; “rates” includes tolls, dues, rents, and other charges leviable under this Act or any rules or by-laws made thereunder; “ship” includes every description of vessel used in navigation not propelled by oars; “the Act” means the Declaration of an Area in the Bintulu District to be a Federal Port Act 1979 [Act 217]; “vehicle” includes a carriage travelling on its own wheels or runners and used or intended to be used for the conveyance or carriage of persons, animals or goods; “vessel” includes a ship or boat and any other description of vessel used in navigation; “wharf” includes any wall and building adjoining the foreshore, sea-bed or a river-bed; 12 Laws of Malaysia ACT 243 “wharf superintendent” means the officer employed by the Authority to be in charge of the management of the wharves and docks of the Authority. PART II BINTULU PORT AUTHORITY Establishment of Bintulu Port Authority 3. (1) There is established in respect of Bintulu Port a port authority to be known as the Bintulu Port Authority. (2) The Authority shall— (a) be a body corporate with perpetual succession and a common seal; (b) subject to sections 8 and 10, be capable of purchasing or otherwise acquiring, being vested with by way of gift or otherwise, holding or disposing of, movable and immovable property, including any interest therein; (c) be capable of entering into contracts, suing and being sued; and the Authority may do and suf