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Ports Authority of Fiji Act [Cap 181]

LAWS OF FIJI

[Rev. 1985]

CHAPTER 181

PORTS AUTHORITY OF FIJI ACT

TABLE OF PROVISIONS

PART I - PRELIMINARY

SECTION

1. Short title
2. Interpretation
3. Declaration of ports and approaches

PART II - ESTABLISHMENT AND MEMBERSHIP OF AUTHORITY

4. Establishment of Authority
5. Membership of Authority
6. Tenure of office
7. Vacation of office
8. Appointment to fill vacancy
9. Remuneration

PART III - FUNCTIONS AND POWERS OF AUTHORITY

10. Functions of Authority
11. Powers of Authority
12. Compulsory acquisition of land
13. Power of Minister to give directions

PART IV - PROCEDURE OF THE AUTHORITY

14. Meetings
15. Procedure at meetings
16. Execution of documents, etc.
17. Vacancy not invalidated acts, etc.

PART V - TRANSFER OF ASSETS AND LIABILITIES

18. Vesting of land and property in Authority
19. Transfer of other land to Authority

PART VI - DIRECTOR-GENERAL

20. Director-General
21. Powers of the Director-General

PART VII - FINANCE

22. Borrowing powers
23. Powers of investment
24. Estimates
25. Accounts and audit
26. Statement of accounts and annual reports
27. Surplus revenue

PART VIII - DUES AND RATES

28. Dockage dues
29. Port dues
30. Wharfage dues
31. Rates
32. Power of entry onto vessels
33. Receipts
34. Lien on goods
35. Powers to sell or dispose of goods
36. Shipping clearance to be withheld, etc.
37. Exemption, reduction, etc. of dues, rates, etc.
38. Evasion

PART IX - PORT MASTER AND DANGEROUS GOODS

39. Port Master and Deputy Port Master
40. Power of Port Master in relation to vessels
41. Fire on board vessel
42. Power to board vessel
43. No liability
44. Dangerous goods

PART X - LIABILITY OF THE AUTHORITY

45. Loss or damage to goods
46. Transhipment and declared goods
47. Limitation of liability
48. Cargo subject to general or particular average
49. Authority not liable for acts of employee
50. Non-application of this Part

PART XI - MISCELLANEOUS OFFENCES

51. False returns
52. False information as to draught, etc.
53. Wilful damage to port works and property
54. Obstructing Authority in performance of duty
55. Offences in connection with safety of vessels, etc.

PART XII - MISCELLANEOUS PROVISIONS

56. Master, owner, etc., answerable for damage
57. Bonded warehouses
58. Powers of arrest
59. Power to compromise
60. Evidence of identity
61. Authorised employee of Authority may prosecute
62. Apparatus, etc., not subject to distress, etc.
63. Regulations
64. Non-application of Harbour Act
65. Declaration regarding Local Government Act
66. Binding on the Crown

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CHAPTER 181

Acts Nos. 20 of 1975, 5 of 1979, 11 of 1983

AN ACT TO ESTABLISH THE PORTS AUTHORITY OF FIJI, TO PROVIDE FOR THE PROVISION, MAINTENANCE AND MANAGEMENT OF PORT SERVICES AND FACILITIES; AND FOR MATTERS INCIDENTAL THERETO AND CONNECTED THEREWITH.

[1 November 1975]*

*Section 3, 28 November 1975.

PART I - PRELIMINARY

Short title

1. This Act may be cited as the Ports Authority of Fiji Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"approaches to a port" means any area or navigable channel adjacent to a port so declared under the provisions of section 3;

"Authority" means the Ports Authority of Fiji established under section 4;

"Chairman" means the chairman of the Authority appointed under the provisions of section 5;

"Director-General" means the Director-General of the Authority appointed under the provisions of section 20;

"dock" includes a drydock and the entrance thereto, graving dock, gridiron, slip, keel block, inclined plane, and all machinery, works, fixtures and things whatsoever attached or pertaining thereto;

"dues" means dockage dues, port dues and wharfage dues levied under the provisions of sections 28, 29 and 30 respectively;

"financial year" means the period between the 1st January and 31st December in any year;

"goods" includes animals, carcasses, baggage and other movable personal property of any kind whatsoever;

"member" means a member of the Authority appointed under the provisions of section 5;

"owner", when used in relation to goods, includes any person being or holding himself out to be the owner, importer, exporter, consignor, consignee, shipper, agent or person possessed of or beneficially or potentially interested in or having any control of or power of disposition over the goods; and, when used in relation to a vessel, includes every person acting as agent for the owner thereof, or to receive freight or other charges payable in respect of the vessel and any part-owner, charterer, operator, consignee or mortgagee in possession thereof or any duly authorised agent of any such person;

"port" means any place and any navigable river or channel leading into such place declared to be a port under the provisions of section 3;

"Port Master" means the Port Master appointed under the provisions of section 39 and includes any Deputy Port Master appointed under the provisions of that section;

"rates" means any rates levied by the Authority under the provisions of section 31;

"vessel" includes a floating rig or platform used in any form of operations at sea;

"warehouse" includes any warehouse or other building belonging to or under the control of the Authority in which goods may be lawfully placed;

"wharf" includes a quay, pier, jetty, landing place or other similar place in or on or from which passengers or goods may be taken on board of or landed from a vessel.

Declaration of ports and approaches

3.-(1) The Minister may, after consultation with the Authority and by notification in the Gazette-

(a) declare any place and any navigable river or channel leading into such place to be a port within the meaning of this Act;

(b) declare any area or navigable river or channel adjacent to a port to be the approaches to such port within the meaning of this Act.

(2) Any such declaration shall define the limits of the port or the approaches to the port, as the case may be.

PART II - ESTABLISHMENT AND MEMBERSHIP OF AUTHORITY

Establishment of Authority

4.-(1) There is hereby established the Ports Authority of Fiji, which shall be a body corporate with perpetual succession and a common seal.

(2) The Authority may enter into contracts and sue and be sued in its corporate name and shall have the power to acquire, hold and dispose of land and other property, and generally to do all such acts and things as are necessary for or accidental to the performance of its functions under this Act or any other written law.

Membership of Authority

5. The Authority shall consist of a Chairman and six other members, all of whom shall be appointed by the Minister.

Tenure of office

6. Members of the Authority shall hold office for such terms not exceeding three years as the Minister may determine.

Vacation of office

7. The office of a member shall become vacant if he is absent from three consecutive meetings of the Authority without the written approval of the Authority or of the Minister.

Appointment to fill vacancy

8. If any member of the Authority dies or resigns or if his office is vacated in any way before the expiry of the term for which he was appointed, the Minister shall appoint another person to fill the vacancy and to hold office until the date when the appointment of the person in whose place he was appointed would have expired.

Remuneration

9. There shall be paid to the members of the Authority out of its funds such fees and allowances as the Minister may prescribe.

PART III - FUNCTIONS AND POWERS OF AUTHORITY

Functions of Authority

10. The functions of the Authority are as follows:-

(a) to provide and maintain adequate and efficient port services and facilities in ports or the approaches to ports;

(b) to regulate and control navigation within ports and the approaches to ports;

(c) to promote the use, improvement and development of ports;

(d) to co-ordinate all activities of or within ports;

(e) to acquire such land and execute such works and do such acts and things as may be necessary in respect of the functions of the Authority under the provisions of this Act or of any other written law;

(f) subject to the provisions of this Act, to do all things necessary or convenient to be done in connection with or incidental to the performance of its functions under this Act or any other written law.

Powers of Authority

11.-(1) Subject to the provisions of this Act, and in addition to any other powers imposed upon it by this Act or by any other written law, the Authority shall have the power-

(a) Subject to the provisions of the Higher Salaries Commission Act, to appoint and employ such persons as it may consider necessary for the efficient performance of its functions;

(Cap. 2A)

(b) to enter into any contract, covenant, bond or agreement of any kind whatsoever for the purposes of this Act;

(c) to authorise any person to carry out any work or perform any act in furtherance of its functions and powers;

(d) to carry on the business of carriers of passengers or goods by land or sea, stevedores, wharfingers, warehousemen, lightermen, dealers in oil or other kinds of fuel, dealers in stores connected with or required in any of the above-mentioned businesses whether carried on by the Authority or not, and to carry on any other business or activity whatsoever which appears to the Authority to be necessary or advantageous for the discharge of its functions;

(e) to acquire, hire, procure, construct, erect, manufacture, provide, operate, maintain or repair anything whatsoever required by the Authority for the purposes of this Act;

(f) to provide services within a port or the approaches to a port-

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

(ii) in loading or discharging goods and embarking or disembarking passengers in or from any vessel, including the provision of landing-places;

(iii) in providing stevedores and other labour and equipment at wharves and anchorages;

(iv) in sorting, weighing, measuring, storing, warehousing or otherwise handling any goods;

(v) in providing lighterage;

(vi) in piloting any vessel;

(vii) in supplying fuel, water or telephone services to vessels; or

(viii) for rendering assistance to any vessel or recovering property lost, sunk or stranded;

(g) to appoint, license and regulate weighers and measurers of goods within a port;

(h) to acquire any undertaking, affording or intending to afford facilities for the loading and discharging or warehousing of goods in a port or for the bunkering of vessels;

(i) to provide such fire and security services, both within a port and elsewhere, as may be deemed necessary by the Authority for the purpose of extinguishing fires and of preserving life and property;

(j) to control the erection and use of wharves, docks and any other works, whether above or below the high water mark, within a port or the approaches to a port;

(k) to reclaim, excavate, enclose or raise any part of any land vested in the Authority;

(l) to do anything for the purposes of-

(i) improving the skill of the employees of the Authority; or

(ii) improving the efficiency of the equipment of the Authority and the manner in which such equipment is operated;

(m) to provide accommodation and recreational facilities for employees of the Authority and generally to promote their welfare;

(n) to make to or guarantee loans for employees of the Authority for such purposes as the Authority may approve;

(o) to establish, control, manage and maintain, or contribute to, any pension scheme or provident fund approved by the Minister responsible for finance for the benefit of its employees or the dependants of deceased employees.

(2) The powers conferred by subsection (1) shall be in addition to and not in derogation from any other powers conferred upon the Authority by this Act or any other written law.

(3) In carrying out its powers conferred by paragraph (d) of subsection (1), the Authority may, with the approval of the Minister, operate in partnership with any other person or as member of a corporate body. (Inserted by Act 5 of 1979, s. 2.)

Compulsory acquisition of land

12. The Authority may, if it is unable to purchase by agreement and on reasonable terms suitable land for any purpose for which it is authorised by this Act or by any other written law to acquire land, represent the case to the Minister and, if he is satisfied after such inquiry, if any, as he may consider necessary, that suitable land for such purpose cannot be purchased on reasonable terms by agreement and that the circumstances are such as to justify the compulsory acquisition of the land for such purpose and that such purpose is a public purpose within the meaning of the Crown Acquisition of Lands Act, he may authorise the Authority as an acquiring authority to apply to the Supreme Court under the provisions of that Act for an order authorising compulsory acquisition of the land in which case the provisions of that Act shall apply.

(Cap. 135.)

Power of Minister to give directions

13. The Minister may, after consultation with the Authority, give to the Authority general or special directions, not inconsistent with the provisions of this Act, as to the policy to be followed by the Authority in the performance of its functions under this Act in relation to any matter appearing to the Minister to affect the interests of Fiji as a whole, and the Authority shall give effect to any direction so given.

PART IV - PROCEDURE OF THE AUTHORITY

Meetings

14.-(1) The Authority shall meet as often as may be necessary or expedient and meetings shall be held at such places and times as the Chairman, or in his absence the Director-General, may determine:

Provided that not more than two months shall elapse between one meeting and the next.

(2) Where not less than four members by notice in writing signed by them and addressed to the Chairman or in his absence the Director-General request that a meeting be held for any purpose specified in such notice the Chairman or Director-General, as the case may be, shall, within seven days of the receipt by him of such notice, convene a meeting accordingly.

Procedure at meetings

15.-(1) The quorum necessary at a meeting shall be four.

(2) In the absence of the Chairman from any meeting, the members present shall elect one of their number to be the chairman for that meeting.

(3) If any member is present at a meeting at which a matter is considered or proposed to be considered in which he has directly or indirectly, any financial or other interest, he shall, as soon as practicable after the commencement of the meeting, disclose that fact and he shall not take further part in the consideration of that matter or vote on any question with respect to that matter and, if the majority of the other members present shall so determine, he shall withdraw from the meeting during such consideration:

Provided that such an interest, if so disclosed, shall not disqualify the interested party for the purpose of constituting a quorum.

(4) Questions arising at any meeting shall be decided by majority vote of the members present and voting thereon and, in the case of an equality of votes, the chairman of the meeting shall have a second or casting vote.

(5) Subject to the provisions of this Act, the Authority may determine and regulate its own procedure at meetings.

Execution of documents, etc.

16.-(1) The common seal of the Authority shall not be affixed except pursuant to a resolution of the Authority and in the presence of the Chairman and l member, and such affixing shall be authenticated by the signatures of such persons.

(2) All documents to which the Authority is a party, other than those required by law to be under seal, may be signed on behalf of the Authority by the Chairman or the Director-General, or by any member or employee of the Authority generally or specially authorised by a resolution passed at a meeting of the Authority.

Vacancy not invalidated acts, etc.

17.-(1) No act or proceeding of the Authority shall be invalidated or questioned only on account of the existence of a vacancy among the members of the Authority.

(2) All acts done by a person acting in good faith as a member of the Authority shall be as valid as if he were a member of the Authority notwithstanding that some defect in his appointment be afterwards discovered.

PART V - TRANSFER OF ASSETS AND LIABILITIES

Vesting of land and property in Authority

18. Notwithstanding the provisions of the Land Transfer Act, all land vested in or belonging to the Crown within a port and all other property of every description vested in or belonging to the Crown within a port shall, without further assurance, vest in the Authority on 1 November 1975.

(Cap. 131.)

Transfer of other land to Authority

19.-(1) There shall be transferred to the Authority to enable it to perform its functions under this Act such other land vested in or belonging to the Crown as the Minister responsible for land matters may from time to time determine and any such land shall, notwithstanding the provisions of the Land Transfer Act, thereupon vest in the Authority without further assurance.

(Cap. 131.)

(2) Upon such transfer, all debts, liabilities and obligations in connection with or appertaining to such land and property shall also be transferred to and vest in the Authority and shall be deemed to have been incurred by the Authority.

PART VI - DIRECTOR-GENERAL

Director-General

20.-(1) There shall be a Director-General who shall be appointed by the Minister.

(2) The Director-General shall devote the whole of his services to the Authority and shall not, without the written approval of the Minister, occupy any other office or employment, whether remunerated or not, except that he may act as member of any board, committee or commission established by the Government.

(3) The Director-General shall be paid such salary as is determined from time to time by the Higher Salaries Commission. (Inserted by Act 11 of 1983, s. 27, Sch. 2.)

Powers of the Director-General

21.-(1) The Director-General shall-

(a) serve as chief executive officer of the Authority responsible to it for its management and the execution of its policy;

(b) subject to the provisions of this Act and to any resolution passed at a meeting of the Authority do all things necessary or convenient to be done in connection with, or incidental to, the performance of his duties under this Act or any other written law and, in particular, and without limiting the generality of the foregoing, he may-

(i) have the power to act or enter into contracts on behalf of the Authority;

(ii) in any case of emergency, direct the execution of any work or the doing of any act which the Authority is empowered to execute and do and which he is not by the provisions of this Act expressly empowered to execute or do and the immediate execution or doing of which is, in his opinion, necessary for the operation of port services or the safety of persons on vessels, and he may direct that the expense of executing that work or doing that act shall be paid from the funds of the Authority:

Provided that he shall report anything done under sub-paragraph (ii) to the next following meeting of the Authority.

(2) Whenever the Director-General is prevented by illness, absence or other like cause from performing his duties or when the office of the Director-General is vacant, the Authority may appoint one of its officers to perform his duties during such period as he is so prevented from doing or the office is vacant.

PART VII - FINANCE

Borrowing powers

22.-(1) The Authority may, with the consent of the Minister in consultation with the Minister responsible for finance and upon such terms and conditions as the Minister may approve, raise loans, either by charge or mortgage or by the creation and issue of debentures, debenture stock, bonds or otherwise, for the purpose of harrying out its functions under the provisions of this Act or of any other written law or provide necessary working capital:

Provided that no such consent or consultation shall be required in respect of any loan not exceeding $50,000 obtained from a bank.

(2) The repayment of moneys borrowed or loans raised under the provision of this section and the payment of interest thereon may be guaranteed by the Government.

Powers of investment

23. The Authority may invest any of its moneys not immediately required to be expended in meeting its obligations or discharging its functions in any security authorised by any written law for the time being in force for the investment of trust funds.

Estimates

24.-(1) The Authority shall in every year cause to be prepared and shall adopt annual estimates of its income and expenditure for the ensuing year.

(2) Supplementary estimates may be adopted by the Authority at any time.

(3) The Authority shall transmit to the minister for approval a copy of all annual and supplementary estimates upon their adoption by the Authority. Any variation of such estimates shall be transmitted to the Minister for approval.

Accounts and audit

25.-(1) The Authority shall keep proper accounts and other records in respect of its operations and shall, not later than 31 March in each year, cause a statement of accounts to be prepared in respect of the preceding financial year.

(2) The annual statement of accounts of the Authority shall present a true and fair view of the financial position of the Authority and of the results of the operations of the Authority for the year to which it relates.

(3) The accounts of the Authority shall be audited annually by the Auditor-General or by such other person as he shall authorise.

Statement of accounts and annual report

26.-(1) As soon as practicable after the end of each financial year, but not later than 31 May or such later date as the Minister may approve, the Authority shall transmit to the Minister-

(a) a copy of the statement of accounts;

(b) a copy of the report made thereon or on the accounts of the Authority by the Auditor-General or the other person appointed under the provisions of subsection (3) of section 25;

(c) a report containing details of the activities of the Authority during that year.

(2) The Minister shall cause copies of the accounts and reports to be printed and laid before Parliament as soon as practicable thereafter.

Surplus revenue

27. In any year, there shall be transferred to the Consolidated Fund such proportion of the surplus revenue of the Authority as the Minister responsible for finance, in consultation with the Minister, may determine.

PART VIII - DUES AND RATES

Dockage dues

28.-(1) Dues known as dockage dues shall be levied by and paid to the Authority on every vessel berthed at a wharf.

(2) Dockage dues shall be prescribed by the Authority with the approval of the Minister and by notification in the Gazette.

(3) The Authority may detain any vessel in a port until any dockage dues have been paid or have been secured to its satisfaction.

Port dues

29.-(1) Dues known as port dues shall be levied by and paid to the Authority on very vessel being in a port, whether plying for hire or otherwise.

(2) Port dues shall be prescribed by the Authority with the approval of the Minister and by notification in the Gazette.

Wharfage dues

30. (1) Dues known as wharfage dues shall be levied by and paid to the Authority in respect of goods landed or discharged within a port (including a wharf not belonging to the Authority or under its control) or the approaches to a port.

(2) Wharfage dues shall be prescribed by the Authority with the approval of the Minister and by notification in the Gazette.

Rates

31. Subject to the provisions of this Act, the Authority may levy such rates as it shall, with the approval of the Minister and by notification in the Gazette, prescribe for the use of any land, works or appliances belonging to it and for services, goods or facilities provided by it in pursuance of its powers under this Act or under any other written law, and, without prejudice to the generality of the foregoing, for any of the following matters:-

(a) the landing, shipping, wharfage, cranage, storage or carriage of goods and the deposit with it or the placing of goods in its custody or control;

(b) the provision of pilotage services to any vessel within the territorial waters of Fiji;

(c) the use by any vessel, vehicle or person of any land, works or appliances, wharf or dock under its control;

(d) the use of any gear, tackle, instruments, tools, utensils, staging or materials supplied by it for the purpose of any vessel using or any person working in any land, works or appliances under its control;

(e) the use of any vessel or engine belonging to or maintained by the Authority for the extinction of fire;

(f) the towing of, and rendering assistance to, any vessel;

(g) the supply by the Authority of water, telephone services, fuel, electricity and other forms of energy;

(h) the laying of moorings, cables or pipes;

(i) the laying, lifting and servicing of buoys not owned by the Authority;

(j) the provision of priority berthing arrangements.

Power of entry onto vessels

32. Any duly authorised employee of the Authority may enter onto and inspect any vessel within a port or the approaches to a port in order to ascertain the amount of the dues or rates payable in respect thereof.

Receipts

33. Receipts for dues and rates shall be given to the person paying them, and any vessel in respect of which such receipt is not produced, when demanded by a duly authorised employee of the Authority, may be detained until such receipt is produced or other satisfactory proof of payment has been given.

Lien on goods

34. For the amount of all dues and rates levied under the provisions of this Act in respect of any goods, the Authority shall have a lien on the goods and shall entitled to seize and detain them until the rates are fully paid or secured to satisfaction and such lien shall have priority over all other liens and claims except those to the Government.

Powers to sell or dispose of goods

35.-(1) Subject to the provisions of this section, if any goods which have been placed in or on premises of the Authority are not removed therefrom within a period of 21 days from the time when they were so placed, the Authority may, at the expiration of that period, sell by public auction or dispose of all or any of such goods as it may think fit:

Provided that-

(a) in the case of goods for which a through bill of lading has been produced there shall be substituted a period of 42 days for the period of 21 days referred to in this subsection;

(b) if the goods are of a perishable nature the Authority may direct removal within such shorter period, not being less than 21 hours the discharge thereof, as it may think fit, and if not so removed, the Authority may sell all or any of such goods by public auction or dispose of them as it may think fit.

(2) For the purposes of subsection (1), a sale shall not be rendered invalid reason only that it takes place in a place or in an area to which the public is not admitted as of right.

(3) Before effecting a sale under this section, the Authority shall give at least days' notice thereof by advertisement in a local newspaper circulating in Fiji, unless the goods are of so perishable a nature as, in the opinion of the Authority, renders their immediate sale necessary or advisable, in which event, the Authority shall give such notice (if any) in whatever manner it considers the urgency of the case requires.

(4) The proceeds of any sale under this section shall be applied by the Authority in the following order:-

(a) first, in payment of any duty owing to the Government;

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

(c) thirdly, in payment of all charges and expenses due to the Authority under the provisions of this Act in respect of the goods; and

(d) fourthly, in payment of freight or other claims or liens of which notice has been given under the provisions of any law.

(5) The surplus of the proceeds of sale, if any, after making the payments s forth in subsection (4), shall be paid to the person entitled thereto on demand, and, in case such demand is not made within one year from the date of the sale of the goods, shall be paid to the account of the Authority whereupon all rights to the same by such person shall be extinguished.

Shipping clearance to be withheld, etc.

36. Notwithstanding the provisions of any other written law, if the Authority gives to any public officer whose duty it is to grant clearance of any vessel a written notice stating that an amount therein specified is due in respect of dues or rates levied under this Act in respect of that vessel, he shall not grant such clearance until the amount due has been paid or has been secured to the satisfaction of the authority.

Exemption, reduction, etc., of dues, rates, etc.

37. The Authority may–

(a) exempt any vessel or goods or classes of vessels or goods from the payment of any dues;

(b) reduce, refund or waive, in whole or in part, any dues, or the rates referred to in section 31.

Evasion

38.-(1) Any master or owner of any vessel or any owner, consignee or consignor of any goods who, by any means whatsoever, evades or attempts to evade any of the dues or rates leviable under this Act shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months, and shall in addition be liable to pay to the Authority as penalty double the amount of the dues or rates he evaded or attempted to evade.

(2) The tender to or acceptance by the Authority or any of its employees of any dues or rates, the payment of which has been previously evaded or left unpaid, shall not release or discharge any person from his liability under the provisions of subsection (1).

PART IX - PORT MASTER AND DANGEROUS GOODS

Port Master and Deputy Port Master

39. The Authority shall appoint a Port Master for the purposes of this Act, and may also appoint such number of Deputy Port Masters as it may consider necessary for all or any of the purposes of this Act.

Power of Port Master in relation to vessels

40.-(1) Notwithstanding anything contained in this Act, the Port Master may within a port or the approaches to a port -

(a) direct where any vessel shall be berthed, moored or anchored and the method of anchoring;

(b) direct the removal of any vessel from any berth, station or anchorage to another berth, station or anchorage and the time within which such removal is to be effected;

(c) regulate the movement of vessels generally.

(2) Any person who, without lawful excuse, refuses or neglects to obey or comply with any direction given under sub-section (1) shall be guilty of an offence and on conviction shall be liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months.

(3) In case of any offence having been committed under the provisions of subsection (2), the Authority may, whether or not any proceedings have been instituted against any person for such offence, do or cause to be done all such acts as are in its opinion reasonable or necessary for the purpose of carrying out such compliance and may hire and employ such persons as it considers necessary for such purpose and all expenses incurred in doing such acts shall be paid and borne by and recoverable from that person.

Fire on board vessel

41.-(1) In the event of fire breaking out on board a vessel in a port or approaches to a port, the Port Master may proceed on board the vessel with such assistance and persons as he considers necessary, and may give such orders considers necessary for scuttling the vessel, or for removing it or any other vessel such place as he considers proper to prevent in either case danger to other vessels and for the taking of any other measures that he considers expedient for the protection of life or property.

(2) If such orders are not forthwith carried out by the master of such vessel the Port Master may himself proceed to carry them into effect.

(3) All expenses incurred in the exercise of the powers of the Port Master under this section shall be recoverable from the master or owner of the vessels concerned.

Power to board vessel

42.-(1) The Port Master may go on board any vessel within a port or the approaches to a port whenever he suspects that any offence against this Part has been or is about to be committed in any vessel, or whenever he considers it is necessary for him so to do in the discharge of any duty imposed upon him by this Act.

(2) Any master of a vessel who, without lawful excuse, refuses to allow the Port Master to enter that vessel under his powers in subsection (1) shall be guilty o an offence and shall be liable, on conviction, to a fine not exceeding $1 000.

No liability

43. The Authority shall not be liable for any act, omission or default of the Port Master.

Dangerous goods

44.-(1) The Authority shall, with the approval of the Minister, make regulations for the conveyance, loading, discharging and storage of dangerous goods within a port or the approaches to a port, in particular and without prejudice to the generality of the foregoing, for all or any of the following matters:-

(a) declaring any goods as dangerous goods;

(b) regulating the navigation and place of berthing of vessels carrying dangerous goods;

(c) regulating the mode of stowing and keeping dangerous goods on board vessels;

(d) regulating and controlling the lighterage, landing, loading and discharging, conveying and storage of dangerous goods;

(e) prohibiting or subjecting to conditions and restrictions the conveyance of any kind of dangerous goods with any other goods;

(f) regulating the times at which lights or fires are to be allowed on board vessels carrying dangerous goods;

(g) generally, whether by means similar to those abovementioned or not, for protecting persons and property from danger.

(2) For the purpose of subsection (1), the expression "dangerous goods" includes aqua fortis, vitriol, naptha, benzine, gunpowder, lucifer matches, nitroglycerine, petroleum, any explosives within the meaning of the Explosives Act and any other goods which the Authority may declare to be dangerous goods for the purposes of that subsection.

(Cap. 189.)

PART X - LIABILITY OF THE AUTHORITY

Loss or damage to goods

45. The Authority shall not be liable for any loss caused to any person as a result of the short delivery of or damage to any goods in its custody or under its control, other than goods the nature and value of which has been declared in accordance with the provisions of subsection (1), and transhipment goods as defined in subsection (3), of section 46.

Transhipment and declared goods

46.–(1) The Authority shall only be liable for the loss of or damage to any transhipment or other goods if the nature and value of the goods were declared in which case, the liability of the Authority shall, subject to the provisions of subsection (2), be limited to the sum of $2,000 and shall, in the case of transhipment goods, cease when the goods have been delivered alongside the on carrying vessel for loading.

(2) The Authority shall not be liable for the loss of or damage to any goods to which this section applies arising from–

(a) fire or flood, unless caused by the negligence of the authority;

(b) an act of God;

(c) an act of war;

(d) seizure of the goods under any legal process;

(e) quarantine restrictions;

(f) any negligence of the owner or carrier of the goods;

(g) strikes, lockouts or stoppages of labour, from whatever cause whether partial or general;

(h) riot or civil commotion;

(i) the saving or the attempt to save life or property;

(j) insufficient or improper packing of the goods, defective or insufficient marks thereon or leakage from drums, containers or packages containing the same;

(k) any inherent liability of the goods to wastage in bulk or weight, latent or inherent defect or natural deterioration;

(l) any deficiency in the contents of unbroken packages of the goods; or

(m) the dangerous nature of the goods.

(3) For the purposes of this section, “transhipment goods” means goods landed form a vessel and placed in the custody of the Authority for the purposes of shipment on another vessel on a through bill of lading dated at the port of loading of such goods and showing that the destination is via Fiji, with the ultimate port of destination marked on each package or unit containing such goods and declared on a transhipment manifest lodged with the Authority prior to or at the time such goods are placed in its custody.

Limitation of liability

47.-(1) The liability of the authority fro damages, where any loss or damage is caused to any vessel or to any goods thereon, shall not exceed an aggregate amount of $50,000.

(2) The limitation of liability under this section shall relate to the aggregate; any losses and damages sustained upon any 1 distinct occasion, even though such losses or damages are sustained by more than l person, and shall apply whether the liability arises at common law or under the provisions of any written law notwithstanding anything contained in such written law.

Cargo subject to general or particular average

48.-(1) The owner or master of any vessel discharging or intending to discharge in a port or in the approaches to a port any cargo which is the subject likely to be the subject of a declaration of general or particular average shall inform the Authority prior to the commencement of such discharge of the existence or likelihood of such a declaration and of the particulars of the cargo affected or like to be affected thereby.

(2) The Authority shall not be liable in respect of any loss, damage destruction during the discharge, reception, storage or removal of any cargo referred to in subsection (1).

Authority not liable for acts of employee

49.-(1) Subject to the provisions of this Part, any person employed engaged by the Authority shall, whilst performing work in or on any vessel, be deemed to be the servant of the owner or master of that vessel and the Authority shall not be liable for any loss or damage, howsoever caused, caused by his act, omission or default to or on that vessel or any other vessel or to any other person thing whatsoever.

(2) Nothing in subsection (1) shall affect any liability that the Authority may have under any written law relating to workmen's compensation.

Non-application of this Part

50. Nothing in this Part shall apply to any goods accepted by the Authority for storage in a warehouse under its powers contained in paragraph (d) or in sub-paragraph (iv) of paragraph (f), of subsection (1) of section 11 or to any liability of the Authority in respect of any loss of the same or damage thereto.

PART XI - MISCELLANEOUS OFFENCES

False returns

51. Any person who makes, either knowingly or recklessly, any statement which is false in any material particular in any return, claim or other document which is required or authorised to be made by or under the provisions of this Act shall be guilty of an offence and shall, on conviction, be liable to a fine of $1,000.

False information as to draught, etc.

52. Any master, owner or agent of a vessel entering or leaving or intending to enter or leave a port or come alongside or depart from a wharf, in a port who gives false information of the draught, length or beam of such vessel to any employee of the Authority authorised to ascertain the same shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding $1,000.

Wilful damage to port works and property

53.-(1) Any person who wilfully removes, breaks, destroys or in any other way damages or injures any port works or any property belonging to the Authority or who hinders or wilfully prevents such port works or property from being used or operated in the manner in which it is intended to be used or operated shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 5 years, and in addition shall pay by way of compensation to the Authority, such sum as the court may determine.

(2) For the purposes of subsection (1), "port works" includes generally any works constructed or in course of construction by or under the authority of the Government or of the Authority for the improvement, protection, management or utilization of a port and, in particular, without limiting the general import of the term, every basin, graving dock, wharf, light, light-ship, bridge, viaduct, breakwater, embankment, dam, building, or a reclamation of land from the sea or from any navigable river, and any excavation, deepening, dredging or widening of any channel, basin or other part of a port whether, complete or incomplete, in the sea or any bay or arm thereof or of any navigable river flowing thereinto, and all buildings thereon and machinery used in connection with such port works or any part thereof.

Obstructing Authority in performance of duty

54. Any person who at any time hinders, obstructs, intimidates or molests the Authority or any of its employees, agents or contractors in the performance and execution of its or his duty or of anything which they are respectively empowered or required to do by virtue or in consequence of this Act, or removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act, shall be guilty of an offence under this Act and shall be liable, on conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months.

Offences in connection with safety of vessels, etc.

55. Any person who in any port or the approaches to a port -

(a) wilfully and without lawful excuse loosens or removes from its moorings or from its fastenings in or alongside any anchorage, wharf or dock, any vessel without leave or authority from the master or owner of such vessel or person in charge of such anchorage, wharf or dock;

(b) without the permission of the Port Master or any lawful excuse, discharges any firearm except for the purpose of making a signal of distress or for other purpose as may be allowed under any written law;

(c) moves, damages or otherwise interferes with any navigation mark;

(d) graves, breams, smokes any vessel or boils or heats any pitch, tar, resin, turpentine, oil or other such combustible matter on board any vessel at any time or within any limits at or within which such act is prohibited, or contrary to the orders and directions of the Port Master or the master of such vessel; or

(e) uses a naked light when drawing off spirits, turpentine oil or other inflammable oils or liquids of any kind on board any vessel,

shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months.

PART XII - MISCELLANEOUS PROVISIONS

Master, owner, etc., answerable for damage

56.-(1) In every case in which any damage is done to any property of the Authority by any vessel or by any person employed thereon, the cost of making good the damage may be recovered by the Authority from the master, owner person in charge of the vessel.

(2) The Authority may detain any such vessel until the cost of making good the damage has been paid, or security therefor has been given, to the Authority.

Bonded warehouses

57. The provisions of the Customs Act shall apply to any warehouse of the Authority licensed as a bonded warehouse under the provisions of that Act.

(Cap. 196.)

Powers of arrest

58.-(1) Any employee of the Authority authorised in writing by the Director-General, either generally or in any particular case, may arrest without warrant any person found committing or whom he has reason to believe has committed an offence under this Act.

(2) A person arrested under this section shall forthwith be reported to the police.

Power to compromise

59. The Authority may compound or compromise, for or in respect of any claim or demand made against it, for such sum of money or other compensation it deems sufficient.

Evidence of identity

60. Any employee of the Authority who reasonably believes that any person has committed an offence against the provisions of this Act may require him to furnish evidence of his identity. Any such person who refuses to furnish such evidence or who wilfully mis-states such information shall be guilty of an offence and, on conviction, shall be liable to a fine not exceeding $100.

Authorised employee of Authority may prosecute

61. Any authorised employee of the Authority may conduct a prosecution under this Act on behalf of the Authority.

Apparatus, etc. not subject to distress etc.

62. When any apparatus or equipment belonging to the Authority is placed in or upon any place not being in the possession of the Authority, such apparatus of equipment shall not be subject to distress nor be taken in execution under process of any court or in any proceedings in bankruptcy.

Regulations

63.-(1) The Authority may, with the approval of the Minister, making regulations for the maintenance, control and management of, and for the maintenance of good conditions in, any port and the approaches thereto and generally for giving effect to and carrying out the purposes of this Act and, in particular, and without prejudice to the generality of the foregoing, may make regulations in respect of the following matters:-

(a) regulating traffic and preventing and providing for the removal of obstructions or impediments to navigation;

(b) regulating, declaring and defining the wharves and docks on and from which goods shall be discharged from or loaded on or into vessels and the manner in which and the conditions under which such discharging and loading shall be carried out, and for varying the position of vessels discharging or loading;

(c) regulating the erection or construction of wharves in a port or encroaching in any way on the waters thereof;

(d) regulating the cleaning and repair of private wharves and keeping the same in a fit state for the convenience and safety of persons walking upon or landing on or embarking from the same;

(e) keeping free passages of such width as it considers necessary within a port and along or near to the wharves, docks, moorings and other similar works in or adjoining the same and for marking out the spaces so to be kept free;

(f) regulating the anchoring, fastening, mooring and unmooring and warping of all vessels and the use of warps, mooring buoys, chain and other moorings and the granting of permission, on such conditions as the Authority may think fit for the keeping or placing of anchors or private moorings or buoys;

(g) regulating the use of anchorages, wharves and docks and the movement of vessels, persons and vehicles and preventing obstruction at anchorages and on wharves and docks and ensuring the safety of the same and any cargo thereon;

(h) regulating the use by vessels of, whistles, sirens and other like instruments and the signals to be used and measures to be taken in case of fires in a port;

(i) enforcing and regulating the use of navigation lights, signals and signal lights by vessels and the steps to be taken by vessels navigating in the waters of a port for the avoidance of collisions;

(j) defining any area as a prohibited anchorage, and setting apart any area where any class or classes of vessels only may anchor and restricting the navigation of such area to such vessels, and times it may consider necessary;

(k) the information to be supplied by the masters, owners and other persons in respect of vessels arriving and departing, and of goods loaded or discharged in a port, and the time and manner in which such information shall be supplied;

(l) supervising, regulating and controlling all activities carried on within a port and if it thinks fit, providing for the licensing thereof;

(m) regulating the provision and maintenance of adequate and efficient mooring buoys, landing-places, mooring and berthing facilities;

(n) regulating the reception, storage and removal of goods within and from the premises of the Authority, and for declaring the procedure to be followed for taking charge of goods which have been damaged before landing or are alleged to have been so damaged;

(o) regulating the keeping clean of basins and other works of the Authority and the waters of any port and the approaches to any port a preventing oil, rubbish or other thing being discharged or throw entering therein or thereon;

(p) regulating the towage of or other assistance to vessels and the term conditions of such towage or assistance;

(q) prescribing the terms and conditions for the sale and supply of water the Authority;

(r) regulating the safe and convenient use of the wharves, dock landing-places and buildings maintained by the Authority;

(s) settling the mode of payment of dues or rates leviable under this Act facilitating their collection and preventing their evasion;

(t) providing, regulating and controlling the operation of pilotage service;

(u) regulating the removal of any stone, shingle, earth or other material from the bed of any area declared to be a port or the approaches to port;

(v) prohibiting any operation which in the opinion of the Authority is undesirable;

(w) excluding or limiting the liability of the Authority in respect of anything done pursuant to any regulations made under this Act.

(2) The Authority may, with the approval of the Minister exempt any vessel exempt any class or description of vessel from all or any of the provisions of any regulations made pursuant to subsection (1).

Non-application of Harbour Act

64. Save as otherwise provided in this Act, with effect from the date upon which any declaration made under section 3 comes into force, the provisions of the Harbour Act (other than sections 14, 15 and 16, Part III, sections 19, 20 and 24, Part VI, section 43, and paragraphs (f) and (n) of section 48) shall, to the extent that they are inconsistent with the provisions of this Act, cease to and shall be deemed not to apply to the port or the approaches to a port in respect of which the declaration is made:

(Cap. 184)

Provided that all subsidiary legislation issued under or made in virtue of the provisions of that Act, other than 1 of the provisions specified in this section; shall remain in force so far as it is not inconsistent with the provisions of this Act until it has been revoked or repealed by subsidiary legislation issued or made under the provisions of this Act, and shall be deemed for all purposes to have been made under the provisions of this Act.

Declaration regarding Local Government Act

65. Notwithstanding the provisions of the Local Government Act, the Minister responsible for local government may, at the request of the Authority by notice in the Gazette and subject to such restrictions or conditions as he may impose, declare that any of the provisions of that Act shall not apply within a port.

(Cap. 125.)

Binding on the Crown

66. This Act shall bind the Crown.

Controlled by Ministry of Communications, Transport and Works

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[Subsidiary Legislation]

CHAPTER 181

PORTS AUTHORITY OF FIJI

SECTION 3 - DECLARATION OF PORTS AND PORT APPROACHES

Legal Notice Nos. 5 of 1977, 99 of 1980

1. For the purposes of the Act, the port of Suva and its approaches shall include all those areas set out in Part I and Part II respectively, of the First Schedule.

2. The port of Lautoka and its approaches shall include all those areas set out in Part I and Part II respectively, of the Second Schedule.

3. The port of Levuka and its approaches shall include all those areas set out in Part I and Part II respectively, of the Third Schedule.

________

FIRST SCHEDULE

PART I

PORT OF SUVA

The port of Suva includes all that area of land in-

(1) The King's Wharf Site: Being all that area of Crown Land adjacent to the King's Wharf, and the areas covered by the King's Wharf and Princes Wharf, and generally bounded on the east by Harris Road, Usher Street and Stinson Parade, and on the north, west and south by the faces of King's Wharf and Princes Wharf.

(2) The Walu Bay Site: Being all that area of Crown Land on the west bank of Walu Bay, in the City of Suva, lying east of the land represented on the survey plan S. 1152 deposited with the Director of Lands.

[(3) * * * * * (Deleted by Legal Notice 99 of 1980.)]

PART II

APPROACHES TO THE PORT OF SUVA

The approaches to the port of Suva shall include all that area of sea, being part of the Suva Harbour, lying between the City of Suva and the area known as Bilo extending up to the bridges of all rivers, creeks and bays flowing into this part of the Suva Harbour and bounded generally on the west and on the north by the high water mark of the sea coast, on the east partly by the high water mark of the sea coast, partly by the faces of the King's Wharf and Princes Wharf and partly by a line bearing 180° from Suva Point to the outer edge of the main reef and on the south partly by the said outer edge of the main reef and partly by a line bearing 122°30' from Muaivuso Point to the south-western corner of the said outer reef, but excluding all the islands situated within this area of sea.

(Note: These sea and land areas are represented and more particularly delineated in red on plans P.P. 138, P.P. 138A, P.P. 138B and P.P. 138C kept in the office of the Permanent Secretary for Lands and Mineral Resources and copies available for viewing in the offices of the Director-General, Ports Authority of Fiji and the Wharf Manager, Suva; Wharf Manager, Lautoka; Ports Authority of Fiji office in Levuka).

________

SECOND SCHEDULE

PART I

PORT OF LAUTOKA

The port of Lautoka includes all that area of land in-

(1) The Lautoka Wharf Sites:

Being all that area of Crown Land, known as the Lautoka Customs Area, in the City of Lautoka, lying at the junction of the Fiji Sugar Corporation Limited Mole and Vitogo Parade, and represented as lots 3 and 4 on Deposited Plan 3595 lodged with the Registrar of Titles; and

All that area of Crown Land in the City of Lautoka, lying at the junction of the Fiji Sugar Corporation Limited, Mole and Vitogo Parade, bounded generally on the north and west, by the high water mark of the sea coast, on the south by part of the Fiji Sugar Corporation Limited, Mole and on the west by part of Vitogo Parade, together with the area covered by the Lautoka Wharves; and

All that area of land known as the King's Wharf, in the City of Lautoka and bounded generally on the north, west and south by the faces of the King's Wharf and on the east by part of the western alignment of Vitogo Parade.

_____

PART II

APPROACHES TO THE PORT OF LAUTOKA

The approaches to the port of Lautoka shall include all that area of sea lying on the west of the City of Lautoka and west of the Tikina of Vuda extending up to the bridges of all rivers, creeks and bays flowing into this part of the sea and stretching from Rava Reef on the north to approximately three miles south of Catlow Reef on the south and extending westward from the high water mark of the sea coast to Catlow Reef, Covuli Reef and Pasco Cay. This sea area excludes all islands as within it and the Fiji Sugar Corporation Limited Wharf.

(Note: These sea and land areas are more particularly represented and delineated in red on plans P.P. 139 and P.P. 139A kept by the Permanent Secretary for Lands and Mineral Resources and copies available for viewing in the offices of the Director-General, Ports Authority of Fiji, Wharf Manager, Suva; Wharf Manager, Lautoka; Ports Authority of Fiji office in Levuka).

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THIRD SCHEDULE

PART I

PORT OF LEVUKA

The port of Levuka shall include all that area of land in-

(1) The King's Wharf Site:

Being all that area of Crown Land in the Town of Levuka, generally known as the Customs Area, and bounded generally on the north partly by the southern and eastern boundaries of the lands contained in Crown Lease A/47 and Certificate of Title No. 3170 and partly by the high water mark of the sea coast, on the west and south partly by the Beach Street and partly by the road leading from Beach Street to the wharf area, and on the east by the high water mark of the sea coast, together with the area covered by the King's Wharf.

PART II

APPROACHES TO THE PORT OF LEVUKA

The approaches to the port of Levuka shall include all that area of sea being part of Levuka Harbour, lying on the east of the Town of Levuka, extending up to the bridges and causeways of all the rivers, creeks and bays flowing into this part of the sea and stretching from Buli Buli Reef and Koroisutu Point on the north to Balavu Reef and Nasova Point on the south, and extending eastward from the high water mark of the sea coast to the outer edges of Buli Buli Reef, Lekaleka Reef and Balavu Reef. This sea area excludes the foreshore areas contained in Crown Grant 1046 and the Crown foreshore leases on the sea coast. (Note: These sea and land areas are more particularly represented and delineated in red on plans P.P. 104 and P. P. 104A kept by the Permanent Secretary for Lands and Mineral Resources and available for viewing in the offices of the Director-General, Ports Authority of Fiji, Wharf Manager, Suva; Wharf Manager, Lautoka; Ports Authority of Fiji office in Levuka).

_________

SECTION 63 - PORTS AUTHORITY OF FIJI REGULATIONS

TABLE OF PROVISIONS

REGULATION
1. Short title
2. Cargo handling equipment

----------------

Legal Notice No. 39 of 1976

Short title

1. These Regulations may be cited as the Ports Authority of Fiji Regulations.

Cargo handling equipment

2.-(1) No person shall operate or cause to be operated at any declared port any apparatus or equipment designed or used for the purpose of handling cargo except to terms of a written authorisation or a licence issued by the Authority.

(2) All such apparatus or equipment shall, when operating at any declared port, be subject to the overall control and supervision of the Authority and, without limiting the generality of the foregoing, the Authority may prescribe minimum standards of construction and maintenance with which such apparatus or equipment shall comply.

(3) The Authority may at any time withdraw the authorisation, or revoke the licence, of any person who fails to comply with any directions issued by the Authority under the provisions of this regulation.

_________

SECTION 63 - PORTS AUTHORITY OF FIJI (EMPLOYMENT) REGULATIONS

TABLE OF PROVISIONS

REGULATION
1. Short title
2. Employment of stevedores and other labour by the Authority
3. Approval of conditions of employment
4. Penalty

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Legal Notice No. 75 of 1976

Short title

1. These Regulations may be cited as the Ports Authority of Fiji (Employment) Regulations.

Employment of stevedores and other labour by the Authority

2. The Authority shall be the only employer of stevedores and other labour within any declared port, save that any person authorised in writing by the Authority may work as an independent contractor in a port or be an employer of stevedores or other labour in a port subject to the terms and conditions of such authority.

Approval of conditions of employment

3. No person authorised in accordance with regulation 2 shall employ stevedores or other labour at any declared port except in accordance with conditions of employment which have been approved in writing by the Authority.

Penalty

4. Any person who acts in contravention, or fails to comply with any of the provisions of these Regulations, shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding $400 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

_________

SECTION 63 – PORTS AUTHORITY OF FIJI (TARIFFS) REGULATIONS

TABLE OF PROVISIONS

REGULATION

1. Short title
2. Interpretation
3. Port dues
4. Port and wharfage charges
5. Dockage dues
6. Tug service charges
7. Labour hire charges
8. Security guard, etc., charges
9. Authority mechanical plant hire charges
10. Non-Authority mechanical plant hire charges
11. Authority equipment hire charge
12. Handling and removal charges
13. Storage charges - conventional goods
14. Storage charges - Containers
15. Hopper storage charges
16. Fresh water supply charges
17. Washing and steam cleaning charges
18. Weighbridge charges
19. Repeal
20. Application
21. Commencement

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Legal Notice No. 101 of 1984

Short title

1. These Regulations may be cited as the Ports Authority of Fiji (Tariffs) Regulations.

Interpretation

2. In these Regulations, unless the context otherwise requires–

"Authority vessel" means a vessel–

(a) owned by, or chartered to the Authority; and

(b) operated by, or on behalf of the Authority;

"bulk goods" means goods carried, or intended to be carried, in a vessel in bulk form where the goods will be discharged from the vessel or, as the case may be, loaded onto the vessel using equipment specifically designed or adapted for that purpose;

"Container" means an article of transport equipment–

(a) of a permanent character designed for repeated use;

(b) specially designed to facilitate the transportation of goods by 1 or more means of transport without intermediate reloading;

(c) designed to be secured and readily handled, having corner fittings for those purposes; and

(d) of such a size that the area enclosed by the 4 outer bottom corner is-

(i).at least 14 square metres; or

(ii) if it is fitted with top corner fittings - at least 7 square metres

"dry bulk goods" means bulk goods consisting of goods which in the normal state are dry;

"empty Container" means a Container shipped or intended to be shipped empty;

"FCL Container" means a Container containing FCL goods;

"FCL goods" means goods which -

(a) form the whole, or part, of 1 consignment; and

(b) makeup, or are intended to makeup, the sole contents of 1 Container; "the former Regulations" means the Ports Authority of Fiji (Tariffs) Regulations*;

*See: Legal Notice 116 of 1983.

"Government vessel" means a vessel -

(a) owned by, or chartered to the Government; and

(b) operated by, or on behalf of the Government;

"gross registered tonnage" or "GRT", in respect of a vessel, means gross registered tonnage of the vessel as specified -

(a) in its Certificate of Registration; or

(b) in the Lloyd's Register of Shipping;

being whichever tonnage is the higher, and in the case of a vessel with dual tonnages or a vessel with open or closed shelter deck, the higher of those tonnages;

"large Container" means a Container having a length of more than 6.096 metres;

"LCL Container" means a Container containing LCL goods;

"LCL Goods" means goods which are shipped, or are intended to shipped, within a Container together with other goods in different consignments;

"liquid bulk goods" means bulk goods consisting of goods which are normally transported in liquid form and includes gases in a liquid state;

"local vessel" means a vessel -

(a) registered in Fiji; and

(b) in respect of which a coasting licence issued under the Coasting Act in force; and

(c) which plies solely between ports within Fiji;

"naval vessel" means an armed vessel within the armed forces of Fiji or any other country;

"passenger vessel" means a vessel specifically designed for, and used for and in connection with, the carriage of passengers and for no other purpose;

"small Container" means a Container having a length of 6.096 metres or less;

"tonne", when used with reference to cargo or goods, means -

(a) in the case of timber and sawn logs - 1 cubic metre of such products; and

(b) in the case of mineral oil - 1,000 litres of mineral oil; and

(c) in other cases -

(i) 1,000 kilograms of cargo or goods; or

(ii) 1 cubic metre of cargo or goods,

being the meaning which, when applied to a consignment of cargo or goods, produces the higher charge under these Regulations;

"transhipment goods" means goods imported into Fiji which are, or are intended to be, exported from Fiji without leaving the control of the Customs while in Fiji.

Port dues

3.-(1) Subject to this regulation, the owner of a vessel which enters a port all pay to the Authority port dues in respect of that vessel calculated in accordance with Table 1.

TABLE 1

(a) Passenger vessel–

(i) Local vessel..................................- $3.00 in respect of each ton or part of a ton of the vessel's GRT for each year or part of a year

(ii) Vessel, other than local vessel....................................- $0.030 in respect of each ton or part of a ton of the vessel's GRT for each entry into a port

(b) Vessel, other than passenger vessel–

(i) Local vessel .................................. - $1.00 in respect of each ton or part of a ton of the vessel's GRT for each year or part of a year

(ii) Vessel, other than local vessel.................................... - $0.078 in respect of each ton or part of a ton of the vessel's GRT for each entry into a port,

plus -

$0.039 in respect of each ton or part of a ton of vessel's GRT for each period of 30 days (or part of 30 days) that the vessel remains in the port after the first 30 days after its entry into the port.

(2) Port dues are not payable in respect of -

(a) a Government vessel;

(b) an Authority vessel; or

(c) a naval vessel.

Port and Wharfage charges

4.-(1) Subject to this regulation, where goods are discharged from or loaded into, a vessel within a port -

(a) the owner of that vessel shall pay to the Authority a charge in respect of that vessel, known as a port charge on vessels, calculated by reference to those goods, in accordance with Table 2 or Table 3, as the case may be; and

(b) the shipper or consignee of those goods shall pay to the Authority a charge in respect of those goods, known as a wharfage charge goods, calculated in accordance with Table 2 or 3, as the case may be.

TABLE 2

Applicable in respect of FCL goods

TABLE 3

Applicable in respect of goods other than FCL goods

(2) Port charges in respect of vessels or wharfage charges in respect of goods are not payable in respect of –

(a) empty Containers or empty pallet boards;

(b) goods discharged from and reloaded into a vessel solely for the purpose of facilitating storage in that vessel;

(c) bunker fuels and ships stores loaded onto a vessel for its own use.

(3) In calculating, the port charges on vessels to be paid by the owner of a vessel, the total amount of goods discharged from, or loaded onto, that vessel within a port shall be used.

(4) In calculating, the wharfage charges on goods to be paid by the shipper or consignee of those goods, the total amount of that shipper's or consignee's consignment of goods discharged from, or loaded onto, a vessel in a port shall be used.

Dockage dues

5.-(1) Subject to this regulation, the owner of a vessel which berths at a wharf owned by the Authority shall pay to the Authority dockage dues calculated accordance with Table 4.

TABLE 4

(2) Where a vessel remains at a wharf owned by the Authority after the owner the vessel has received from the Authority a written request to move the vessel from the wharf, the owner of the vessel shall pay to the Authority, in respect of the period during which the vessel so remains at the wharf, dockage dues calculated at 10 times the rate otherwise applicable to that vessel under Table 4.

(3) Where a vessel (not being a local vessel) berthed at a wharf owned by the authority -

(a) is discharging or loading bulk cargo or fertilizer; and

(b) is not discharging or loading any other cargo,

dockage dues in respect of the vessel during that period of discharge shall be calculated at the rate of $0.45 for each 100 tons or part of 100 tons of the vessel's GRT for each hour or part of an hour of such period of discharge or loading.

Tug service charges

6. (1) In this regulation, unless the context otherwise requires -

"standby time", in respect of a tug, means the time during which the tug is standing by to aid a vessel where no contact is made between that vessel and the tug and where the motive power of the tug is not used for the purpose of moving or stopping the movement of the vessel;

"working time", in respect of a tug, means the time during which the motive power of the tug is being used for the purpose of moving or stopping the movement of a vessel or in manoeuvres preparatory to such use of the tug's motive power.

(2) Subject to this regulation, where the services of a tug are requested or used or in connection with the movement or proposed movement of a vessel, the owner of that vessel shall pay to the Authority charges calculated in accordance with Table 5.

TABLE 5

(3) Where the time originally booked for the services of a tug in respect of vessel is -

(a) cancelled; or

(b) altered by more than 1 hour,

except by the Authority, the owner of that vessel shall pay to the Authority -

(c) $100; or

(d) an amount equivalent to one hour's standby time of a tug the vessel,

whichever amount is the greater unless at least 3 hours before the time original booked for the services of the tug notice of the proposed cancellation or alteration is given to the Authority.

(4) Where -

(a) a vessel with a GRT in excess of 3,000 tons makes a movement within a port; and

(b) in respect of that movement, the owner of that vessel incurs no charge under this regulation in respect of the hire of a tug,

that owner shall pay to the Authority an amount equivalent to the charge that would have been incurred by him in respect of a tug on standby time during the period of that movement by the vessel.

(5) Where a tug is employed either on standby time or working time for period of less than 1 hour, the owner of the vessel in respect of which that tug was so employed shall pay in respect of that employment of the tug a charge calculate at the rate of 1 hour's such employment of the tug.

(6) Subject to sub-regulation (7), where a tanker, in respect of which no gas free certificate has been issued, is within a port and alongside a wharf the owner of the tanker shall pay to the Authority a charge calculated at the rate of $40 for each hour or part of an hour that the tanker is alongside a wharf in respect of firewatch facilities provided by the Authority.

(7) No charge shall be made under sub-regulation (6) in respect of any period where, for any reason, a tug is unavailable to provide firewatch facilities.

(8) Where, at the request of an owner of a tanker which is within a port but not alongside a wharf, the Authority provides a tug for firewatch facilities, the owner of the tanker shall pay to the Authority a charge calculated at the rate of $40 for each hour or part of an hour that that facility is provided by the Authority.

Labour hire charges

7.-(1) Subject to this regulation, a person who hires labour of the Authority shall pay to the Authority charges calculated in accordance with Table 6.

TABLE 6

(2) Subject to sub-regulation (3), a person who hires labour of the Authority shall pay to the Authority in respect of the period of hire of the labour, in addition to charges calculated in accordance with Table 6, an amount equivalent to any overtime payments, allowances, bonuses and minimum payments payable to that labour by the Authority in accordance with the Terms and Conditions of Service of Ports Authority of Fiji Employees.

(3) For the purposes of calculating the amount to be paid to the Authority under sub-regulation (2) in respect of overtime and minimum payments, it shall be assumed that the hourly rate of pay of any hired labour were the rate shown in Table 6.

Security guard, etc., charges

8.-(1) A person who hires from the Authority a security guard or a person to carry out miscellaneous labour shall pay to the Authority -

(a) charges calculated at the rate of $2 for each hour or part of any hour that guard or person is so hired; and

(b) in respect of that period of hire, but subject to sub-regulation (2), an amount equivalent to any charges incurred by the Authority in respect of overtime payments, allowances or bonuses and minimum payments and bonuses paid to that guard or person.

(2) For the purpose of calculating the amount to be paid to the Authority under paragraph (1)(b) in respect of overtime and minimum payments, it shall be assumed that the hourly rate of pay of the hired person were $2.

Authority mechanical plant hire charges

9.-(1) In this regulation, unless the context otherwise requires-

"normal time" means any time between 8.00 a.m. and 1.00 p.m., and 2.00 p.m. and 5.00 p.m. on a weekday, unless that day is a public holiday;

"overtime" means any time that is not normal time.

(2) Subject to subregulation (3), a person who hires mechanical plant owned by the Authority shall pay to the Authority charges calculated in accordance with Table 7.

TABLE 7

(3) Charges in respect of mechanical plant of the Authority hired for lifting Containers shall be calculated in accordance with Table 7 or, at the hirer's option, Table 8.

TABLE 8

(4) Where mechanical plant referred to in Table 7 has been ordered from the Authority and is used for less than 30 minutes half the charge for the hire of that plant, as calculated in accordance with Table 7, is payable.

Non-Authority mechanical plant hire charges

10.-(1) In this regulation, unless the context otherwise requires -

"minimum number of hours" means –

(a) during normal time-1 hour; and

(b) during overtime –

(i) on a weekday (other than a weekday that is a public holiday) - 2 hours; or

(ii) on a Saturday - 3 hours; or

(iii) on a Sunday or a public holiday - 4 hours.

"normal time" means any time between -

(a) 7.45 a.m. and 1.00 p.m., and 1.30 p.m. and 5.00 p.m. on a Monday, Tuesday, Wednesday and Thursday; and

(b) 7.45 a.m. and 1.00 p.m., and 1.30 p.m. and 3.45 p.m. on a Friday unless that day is a public holiday;

"overtime" means any time that is not normal time.

(2) Subject to this regulation, a person who hires mechanical plant not owned by the Authority but provided to that person by the Authority shall pay to the Authority charges calculated in accordance with Table 9.

TABLE 9

(3) In addition to the charge calculated in accordance with Table 9, a person who hires equipment referred to in this regulation shall pay to the Authority an additional fee for the relocation of the equipment calculated at the rate applicable to 1 hour's hire of that equipment during normal time.

(4) Where equipment referred to in Table 9 is hired for less than the minimum number of hours, charges under that Table shall be calculated and payable as if the equipment had been hired for the minimum number of hours.

(5) Where after -

(a) the minimum number of hours; and

(b) any remaining whole hours,

have been deducted from the total number of hours for which equipment refer to in Table 9 has been hired, there remains part of an hour, that part of an hour shall be charged for –

(c) if it is a period of less than 30 minutes - at half the appropriate specified in Table 9; or

(d) if it is a period of 30 minutes or more - as if it were 1 hour.

Authority equipment hire charge

11. Where a person hires equipment from the Authority, he shall pay to the Authority charges calculated in accordance with the following Table 10.

TABLE 10

Handling and removal charges

12. Subject to this regulation, where, in respect of goods, a service described in Table 11 is performed by the Authority, the owner of those goods shall pay to the Authority a charge calculated in accordance with that Table.

TABLE 11

Storage charges-conventional goods

13.-(1) Subject to this regulation, where goods are stored on the Authority's premises the owner of those goods shall pay storage charges to the Authority calculated in accordance with Table 12.

TABLE 12

(2) Where goods are stored on the Authority's premises for a period exceeding 14 days the charges for the 15th and subsequent days shall be calculated a weekly basis and any part, or remaining part, of a week shall be treated as a week.

(3) Where a person is granted warehouse storage space by the Authority he shall pay to the Authority charges calculated at the rate of –

(a) $1.06 a week or part of a week for each cubic metre of covered storage space so granted; and

(b) $0.71 a week or part of a week for each cubic metre of open storage space so granted.

(4) Where a person is granted space on the Authority's premises for the purpose of sorting goods he shall pay to the Authority charges calculated at the rate $1.42 a week or part of a week for each cubic metre of space so granted.

(5) For the purposes of the Table 12 the "relevant day" means –

(a) in the case of inward goods - the day the vessel on which the goods arrived finishes discharging; and

(b) in the case of outward goods - the day when the consignment, or the first part of the consignment, of the goods is received onto the Authority's premises.

(6) Storage, for the purposes of subregulation (1), shall be deemed to have finished when -

(a) in the case of inwards goods - the goods are delivered; and

(b) in the case of outward goods - the vessel onto which the goods are to be loaded, berths in the port.

(7) Where transhipment goods are stored on the Authority's premises for a period which exceeds 6 weeks the owner of those goods shall pay to the Authority storage charges in respect of that part of the storage period which exceeds 6 weeks at the rate of -

(a) $4.10 a tonne or part of a tonne of the goods for each week or part of a week for covered storage; or

(b) $2.05 a tonne or part of a tonne of the goods for each week or part of a week for open storage.

(8) For the purposes of calculating the storage period in respect of transhipment goods storage shall be deemed -

(a) to have started on the day following the completion of the discharge the vessel on which the goods arrived; and

(b) to have ended on the day on which the vessel onto which the goods are to be loaded, berths in the port.

(9) Where, before storage charges, as calculated in accordance with Table 12, become payable in respect of goods –

(a) a Sunday or public holiday intervenes; or

(b) the goods are in storage awaiting Customs survey, and the Customs give to the Authority written confirmation of such requirement; or

(c) the goods are in storage awaiting fumigation or, in the case of copra grading,

the Sunday or public holiday, or the period during which the goods are awaiting Customs survey, or the period during which the goods are awaiting fumigation or grading (but, if that period exceeds 48 hours, the first 48 hours only of that period) shall be deemed not to form part of the storage period and shall be ignored for the purposes of calculating storage charges in accordance with Table 12.

(10) Where goods unloaded from a vessel require fumigation and that fumigation has not been carried out within 4 days of the completion of the discharge of the vessel the owner of that vessel shall pay to the Authority any additional storage charges incurred in respect of those goods by virtue of such delay calculated at the highest rate applicable to the storage of those goods after their discharge from the vessel and before their delivery.

(11) The storage charge payable under this regulation in respect of a consignment of goods of less than 0.5 tonne shall be half the appropriate amount that would be payable for a consignment of 1 tonne.

Storage charges-Containers

14.-(1) Where a Container is stored on the Authority's premises for a period in excess of the free period of storage applicable to that Container, the owner of Container shall pay to the Authority in respect of that excess period storage charges calculated in accordance with Table 13.

TABLE 13

(2) For the purposes of sub-regulation (1), "the free period of storage" in respect of a container means -

(a) in the case of a FCL Container or an empty Container-

(i) discharge from a vessel in a port - the period ending 3 day after the completion of the discharge of the vessel on which the Container arrived at the port; or

(ii) intended to be loaded into a vessel in a port - the period ending 3 days after delivery of the Container to the port; or

(b) in the case of a LCL Container-

(i) discharged from a vessel in a port - the period ending 3 days after the Container has been completely unstuffed; or

(ii) intended to be loaded into a vessel at a port - the period starting when the Container is stuffed.

(3) Storage, in the case of a Container stored on the Authority's premises awaiting loading on to a vessel, shall be deemed to have ended when that vessel berths in the port in which the Container is stored.

(4) Where a refrigerated or reefer Container is supplied with electricity by the Authority and its condition is monitored and logged by the Authority, the owner of goods in the Container shall pay to the Authority for such services-

(a) charges calculated at the rate of $15 for each day or part of a day such services are provided; or

(b) where such services are provided for less than 3 day - $45.

Hopper storage charges

15. A person who stores a hopper on the Authority's premises shall pay to the Authority charges calculated at the rate of $350 for each year or part of a year that hopper is so stored.

Fresh water supply charges

16.-(1) Subject to this regulation, a person who is supplied with fresh water erect from a main at a wharf shall pay to the Authority charges (which shall cover associated labour, maintenance and other services provided by the Authority) calculated in accordance with Table 14.

TABLE 14

(2) The minimum charge for water supplied by the Authority is $5.

Washing and steam cleaning charges

17. A person who uses washing and steam cleaning facilities on the Authority's premises shall pay to the Authority for the use of those facilities charges calculated in accordance with Table 15.

TABLE 15

Weighbridge charges

18.-(1) In this regulation, unless the context otherwise requires-

"normal working time" means anytime between 8.00 a.m. and 1.00 p.m. and 2.00 p.m. and 5.00 p.m. on a weekday unless that day is a public holiday.

(2) Subject to this regulation, person who uses an Authority weighbridge shall pay to the Authority charges calculated at the rate of $0.60 for each tonne or part a tonne of the object so weighed.

(3) Where a person uses an Authority weighbridge at a time which is not normal working time, he shall pay to the Authority, in addition to the charge calculated in accordance with sub-regulation (2), charges calculated at the rate of $5 for each hour or part of an hour that he uses the weighbridge during that time.

(4) The minimum charge under subregulation (2) is $2.

Repeal

19. Subject to regulation 20, the former Regulations are repealed.

Application

20.-(1) If, when these Regulations came into operation, a vessel was within a port for the purpose of discharging or loading goods or for embarking, or disembarking passengers, the charges which would have been applicable to and in respect of that vessel or those goods under the former Regulations shall continue to apply in respect of that vessel and those goods until the vessel or the goods leave that port as if the former Regulations had not been repealed.

(2) If, before these Regulations came into operation, a charge for a service to be performed by the Authority after that date, as calculated in accordance with the former Regulations, had been paid, or was payable, to the Authority the charges applicable under the former Regulations shall continue to apply in respect of that service as if those Regulations had not been repealed, and accordingly no additional charge shall be payable for that service, no refund in respect of that payment shall be given, and no abatement allowed in respect of any amount due to the Authority.

(3) Notwithstanding the repeal of the former Regulation, subregulations 13(3) and 13(4) shall be deemed to have continued in force until the date these Regulations are published in the Fiji Royal Gazette*.

* 23 November 1984.

Commencement

21. (1) Subject to subregulation (2), these regulations shall be deemed to have come into force on 30 December 1983.

(2) Subregulation 4(5), 13(3), 13(4), 13(11) and 18(4) shall come into force on the date these Regulations are published in the Fiji Royal Gazette.*

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CHAPTER 181

PORTS AUTHORITY OF FIJI

SECTION 64 - SUBSIDIARY LEGISLATION MADE UNDER THE HARBOUR ACT AND DEEMED TO HAVE BEEN MADE UNDER THE PORTS AUTHORITY OF FIJI ACT SO FAR AS NOT INCONSISTENT THEREWITH

1. Declaration of Harbours and Wharves
2. Establishment of Prohibited Anchorage
3. Establishment of Restricted Anchorage
4. Exemption from Wharfage Dues
5. Harbour Regulations

____________

1. - DECLARATION OF HARBOURS AND WHARVES

TABLE OF PROVISIONS

PARAGRAPH
1. Short title
2. Harbours
3. Government wharves
4 Purlieus of wharves
First Schedule - Harbours
Second Schedule - Government Wharves
Third Schedule - Purlieus of Wharves

-------------------

Proclamations Nos. 11 of 1924, 7 of 1946, 8 of 1952, 22 of 1956,
30 of 1960, 19 of 1963, 7 of 1965, Legal Notices Nos. 145 of 1972, 9 of 1973

Short title

1. This Proclamation may be cited as the Harbours and Wharves Proclamation.

Harbours

2. The areas at Suva, Levuka and Lautoka defined in the First Schedule are by declared to be harbours for the purposes of the Act.

Government wharves

3. The wharves described in the Second Schedule are hereby declared to be Government wharves for the purposes of the Act.

Purlieus of wharves

4. The areas defined in the Third Schedule are hereby declared to purlieus of the wharves therein respectively mentioned.

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FIRST SCHEDULE
(Paragraph 2)

HARBOURS

(a) Suva Harbour

(Substituted by Legal Notice 145 of 1972; amended by Legal Notice 9 of 1973.)

Starting at the Southern extremity of Laucala Island, thence in a direction of 170 degrees for 3,350 metres to the South-Eastern extremity of the reef surrounding Makuluva Island; thence following the outer edge of the said reef to position 232 degrees 500 metres from Makuluva Island Lighthouse; thence across the entrance to the Nukulau passage in a 300 degrees direction to South-Eastern extremity of the reef on the Western side of the passage; thence following the outer edge of the reef, crossing the entrance to the Nukubuco passage and following the outer edge of the reef to a position 180 degrees 3,500 metres from the East Reef Beacon, thence in a 302 1/2 degrees direction to Muaivuso point; thence easterly and southerly along high water mark to the western extremity of General Post Office Compound the co-ordinates of which are N. 627238.37, E. 768654.64; thence southerly by an arc of radius 3,000 feet for a distance of 1,350.6 feet; thence by a line on a bearing of 192 degrees 58 minutes 40 seconds for a distance of 112.2 feet more or less to a point on a bearing of 270 degrees 28 minutes 40 seconds and at a distance of 244.2 feet from the north-western corner of Crown Lease 25/10; thence by a line on a bearing of 180 degrees 28 minutes 40 seconds a distance of 1,864.5 feet more or less to a point on a bearing of 270 degrees 28 minutes 40 seconds and at a distance of 231 feet west of the north-western corner of Crown Lease A/117; being the compound of the Grand Pacific Hotel; thence by a line on a bearing of 90 degrees 28 minutes 40 seconds for a distance of 231 feet the north-west corner of Crown Lease A/117; thence Easterly following the high water mark to the starting point; including all bays inlets and navigable rivers and creeks flowing thereinto.

(b) LEVUKA HARBOUR

Commencing at a point on the north-west coast of Ovalau known as Underwood Tower or Cape Horn; thence in a southerly direction along high water mark to the mouth of the Toko Creek bearing S. 7 degrees 30 minutes E. from Tooth or Sugar Loaf Craig; thence bearing S. 59 degrees 0 minutes E. to the eastern ridge of the reef on the south side of the Nalulu or Toko Passage; thence in a northerly direction along the eastern edge of the outer reef passing the following passages; the Nalulu-Toko Entrance, Natubari or South Entrance, (Levuka Passage), Waitovu or North Entrance, Toki Entrance, and Nukunuku passage to the northern side of the Nukunuku Passage and including that passage; thence by a line bearing S. 33 degrees 0 minutes W. to the point of commencement (bearings magnetic); including all bays, inlets, and navigable rivers and creeks flowing thereinto.

(c) LAUTOKA HARBOUR
(Substituted by Proclamation 8 of 1952.)

Commencing at the Naikorokoro Lighthouse; thence north-easterly by a direct line bearing true meridian 20 degrees distance 0.9 nautical miles to a point due west of Naikorokoro Point; thence continuing north-easterly by a direct line bearing 46 degrees to the northern point of Bekana Island; thence south-easterly by a direct line bearing 120 degrees to high water mark at the northern point of the Lautoka City boundary; thence south-westerly following high water mark to its junction with the right bank of Vuda River at the southern corner of Lot No. 44 N.L.C. Plan No. H/133; thence southerly, westerly and northerly by direct lines bearing 200 degrees distance 1.53 miles, 290 degrees distance 2.9 miles and 20 degrees distance miles to Naikorokoro Lighthouse to the point of commencement; including all bays, inlets and navigable rivers and creeks flowing thereinto.

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SECOND SCHEDULE
(Paragraph 3)

GOVERNMENT WHARVES

(a) KING'S WHARF, SUVA
(Substituted by Proclamation 30 of 1960.)

Starting at a point on the southern side of Princes Street on a bearing of 308 degrees 34 minutes and at a distance 26.25 feet more or less from the most northerly corner of section 84;

thence in a south-westerly direction following the eastern boundary of the harbour Master's Entrance Compound and the western face of the retaining wall at Princes Landing for a distance of 91.5 feet more or less to the corner of the retaining wall at the south-eastern corner of the pontoon stage;

thence along the south-western, western and northern faces of the main wharf and a line being the prolongation of the northern face of the said wharf in Walu Bay to its intersection with the north-western side of Rodwell Road;

thence in a south-westerly direction along the north-western side of Rodwell Road to its intersection with the northern side of May Street;

thence by straight lines running parallel to and approximately 80 feet distant from the northern, western and south-western faces of the main wharf successively to the starting point. The same as is more particularly delineated on plan No. 648 lodged in the office of the Director of Lands, Suva.

(b) KING'S WHARF, LEVUKA

Commencing at high water mark at the junction of the south-eastern face; sea-wall with the north-east side of Beach Street at a point bearing approximately 173 degrees (magnetic) and distant 356 feet from the north-eastern corner of Crown Grant No. 26; thence by the outward faces of the existing retaining walls and concrete and wooden wharves to a ▲ on the intersection of the north-eastern and north-western faces of the retaining wall; thence by the outward north-western face of the retaining wall for a distance of 20 feet; thence south-easterly by a line 20 feet distant from and parallel to the north-eastern face of the retaining wall for a distance of approximately 132 feet; thence south-westerly by a line at right angle to the last-named boundary for a distance of approximately 36 feet to meat the production of a line parallel to and 20 feet distant from the north-eastern face of the retaining wall; and thence south-easterly by the aforesaid line and south-westerly by a line parallel to and distant 20 feet from the south-western face of the retaining wall to meet the north-eastern side of Beach Street; thence south-easterly by that side of Beach Street for a distance of approximately 20 feet to the point of commencement.

(c) KING'S WHARF, LAUTOKA
(Inserted by Proclamation 7 of 1946.)

Commencing at a point on the existing retaining wall and bearing 179 degrees distant 610 links from the northern corner of Lease 26 folio 59; thence following the existing retaining wall by lines bearing 262 degrees distance 110 links, 174 degrees distance 450 links and 88 degrees distance 110 links, to the western side of Queens Road; thence bearing 354 degrees distance 460 links along the western side of the said road to the retaining wall at the point of commencement.

(d) QUEEN'S WHARF, LAUTOKA
(Inserted by Proclamation 19 of 1963.)

Commencing at the south-western corner of the main wharf, said corner having zero co-ordinates north 920065.6 links and east 240370.8 links;

thence generally northerly, easterly, southerly and westerly and following the western, northern, eastern and southern faces of the main wharf by lines bearing–

starting point and being as delineated on plan No. N.D. 4400 lodged in the office of the Director of Lands, Suva.

(e) WALU BAY REPAIR WHARF, SUVA
(Inserted by Proclamation 7 of 1965.)

Commencing at the corner of the north-western and north-eastern faces of the concrete sea-wall having zero co-ordinates north 631498.1 links and east 770124.7 links;

thence generally in a south-easterly direction by the following lines bearing –

to a concrete peg on the northern side of Eliza Street;

thence generally in a north-westerly and south-westerly direction by the following lines bearing-

to an iron peg at the north-western face of the concrete sea-wall; thence in a north-easterly direction following the north-western face of the concrete sea-wall by the following lines bearing –

to the point of commencement.

Being more particularly shown as Lot 3 on plan S1170 lodged in the office of the Director of Lands, Suva.

All bearings are referred to the Standard Meridian.

_______

THIRD SCHEDULE
(Paragraph 4)

PURLIEUS OF WHARVES

(a) KING'S WHARF, SUVA

(Substituted by Proclamation 30 of 1960.)

Starting at a point on the corner of the retaining wall at the south-eastern corner of the Pontoon Landing Stage at Princes Landing;

thence by a line drawn in a south-westerly direction from the said corner of the retaining wall at the south-eastern corner of the landing stage, at right angles to the south-western face of the main wharf to a point 150 feet distant from the said corner;

thence by a line parallel to and 150 feet distant from the south-western face of the main wharf for a distance of 825 feet more or less to a point; thence by a line parallel to and 300 feet distant from the western face of the main wharf for a distance of 1,584 feet more or less to a point;

thence by a line parallel to and 100 feet distant from the northern face of the main wharf for a distance of 914 feet more or less to a point at right angles thereto and 100 feet distant from the intersection of the northern face of the said wharf prolonged to meet with north-western side of Rodwell Road;

thence in a southerly direction by a line at right angles to the northern face of the main wharf for a distance of 100 feet more or less to a point on the northern boundary of Rodwell Road;

thence in westerly, south-westerly and south-easterly directions by straight lines along the northern, western and southern faces of the main wharf to the starting point on the retaining wall at the south-eastern corner of the Pontoon Landing Stage at Princes Landing, the same as is more particularly delineated on Plan No. 648 deposited in the office of the Director of Lands, Suva.

(b) KING'S WHARF, LEVUKA

Commencing at an iron peg situated on the east side of Beach Street bearing approximately 178 degrees (magnetic) and distant 290 feet from the north-eastern corner of Crown Grant No. 26; thence north-easterly by a line bearing 65 degrees (magnetic) for 880 feet to a buoy; thence north-westerly by a line bearing 317 degrees 15 minutes (magnetic) for 940 feet; thence south-westerly by a line bearing 228 degrees 45 minutes (magnetic) for approximately 677 feet to the seaward face of the reclamation; and thence by the outward faces of the reclamation to the point of commencement.

(c) KING'S WHARF, LAUTOKA
(Inserted by Proclamation 7 of 1946.)

Commencing at a point on the existing retaining wall and bearing 179 degrees distant 610 links from the northern corner of Lease 26 folio 59; thence following the existing retaining wall by lines bearing 262 degrees distance 110 links, 174 degrees distance 450 links and 88 degrees distance 110 links, to the western side of Queen’s Road; thence following the retaining wall on the western side of Queen's Road bearing 178 degrees distance 151 links; thence by lines bearing 268 degrees distance 45 links, 358 degrees distance 160 links, 268 degrees distance 110 links, 354 degrees distance 540 links; 82 degrees distance 110 links, 352 degrees distance 106 links and 82 degrees distance 45 links to the retaining wall on the western side of Queens Road; thence following the said retaining wall bearing 172 degrees distance 151 links to the point of commencement.

(d) QUEEN'S WHARF, LAUTOKA
(Inserted by Proclamation 19 of 1963.)

All that portion of Lautoka Harbour extending seawards from every face both Queen's Wharf and the Fiji Sugar Corporation Limited's wharf and distances of 100 feet, 100 feet, 150 feet and 200 feet respectively from the south-west, south-east, north-east and north-west faces of the Queen's Wharf and to 28 feet, 300 feet, 200 feet and 375 feet respectively from the south-east, south-west, north-west and north-east faces of the Fiji Sugar Corporation Limited's wharf. The whole being as more particularly described as follows that is to say starting at the most westerly corner of Queen's Wharf; thence by lines bearing -

starting point and being as delineated on plan N.D. 4435 filed in the office of the Director of Lands at Suva.

(e) WALU BAY REPAIR WHARF, SUVA
(Inserted By Proclamation 7 of 1965.)

Commencing at a point on the western corner of a concrete dolphin with a light beacon affixed having zero co-ordinates north 631680.6 links and east 769865.3 links;

thence in a north-easterly direction on a bearing of 39 degrees 15 minutes 20 seconds for a distance of 250.20 links to the northern corner of a concrete dolphin;

thence in a south-easterly direction on a bearing of 128 degrees 11 minutes 10 seconds for a distance of 603.99 links;

thence in a south-westerly and north-westerly direction by the following lines bearing-

thence in a north-easterly direction on a bearing of 28 degrees 39 minutes 40 seconds for a distance of 625.38 links to the light on the western corner of a concrete dolphin being the point of commencement.

Being more particularly shown as Lots 1 and 2 on plan S. 1170 lodged in the office of the Director of Lands, Suva.

All bearings are referred to the Standard Meridian.

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2. - ESTABLISHMENT OF PROHIBITED ANCHORAGE

SUVA HARBOUR (PROHIBITED ANCHORAGE) ORDER

TABLE OF PROVISIONS

PARAGRAPH

1. Short title
2. Prohibited anchorage in Laucala Bay

Schedule - Prohibited Anchorage

----------------

Legal Notice No. 24 of 1974

Short title

1. This Order may be cited as the Suva Harbour (Prohibited Anchorage) Order.

Prohibited anchorage in Laucala Bay

2. The area of Laucala Bay described in the Schedule shall, in addition to any other prohibited anchorage, be a prohibited anchorage within which masters of vessels, except under circumstances of unavoidable necessity, shall not anchor them.

______

SCHEDULE
(Paragraph 2)

The area seaward from the root of the Kinoya Sewage outfall pipe in the approximate position 18 degrees 06 minutes 47 seconds south 178 degrees 29 minutes 21 seconds east on chart B.A. 1757 in the direction of 156 degrees true for a distance of 5,000 feet and 100 feet on either side of this line.

(Note: Chart B.A. 1757 is available for inspection at the Harbour Master's Offices in Suva and Lautoka.)

______

PROHIBITED ANCHORAGES ORDER

TABLE OF PROVISIONS

PARAGRAPH
1. Short title
2. Laucala Bay
3. Revocation of certain provisions relating to Laucala Bay

-------------

Legal Notice No. 129 of 1982

Short title

1. This Order may be cited as the Prohibited Anchorages Order.

Laucala Bay

2.-(1) The following area of Laucala Bay is a prohibited anchorage, that is to say, the area bounded by a line commencing at a point at high water mark on the sea coast, on the right bank of the Samabula River, being a point in Latitude 18°07'40" south and Longitude 178°28'34" east, and running thence on a bearing of 115°26' for 2,147.93 m, then on a bearing of 167°39' for 1,713.59 m, then on a bearing of 137°00' for 300.00 m to the beacon situated at a point that is distant 6.12 km, on a bearing of 099°00', from the 64-metre spot point at Nacovu; thence on a bearing of 090°00' for 1,158.24 m, then on a bearing of 142°00' for 975.36 m, then on a bearing of 178°00' for 1,341.12 m, then on a bearing of 171°00' for 2000.00 m to a point on the reef on the eastern side of Nukulau Passage that is distant approximately 1.61 km, on a bearing of 180°00', from Nukulau Island; thence on a bearing of 261°00' for approximately 683.97 m to a point on the reef on the western side of Nukulau Passage; thence generally northerly and westerly following the inner edge of the main reef to Nukubuco Island (Sandbank); thence from the southern side of Nukubuco Island on a bearing of 180°00' for 442.57 m to point on the eastern side of Nukubuco Passage; thence on a bearing of 195°00' for 1005.53 m, then on a bearing of 285°00' for approximately 603.50 m to a point on the main reef on the western side of Nukubuco Passage; thence generally northerly and westerly following the western side of Nukubuco Passage and the inner edge of the main reef to a point being in Latitude 18°10'4" south and Longitude 178°27'52" east; thence on a bearing of 06°00' for 4,791.46 m to a point at high water mark on the sea coast in Latitude 18°08'06" south and Longitude 178°28'09" east; thence generally northeasterly following high water mark on the sea coast approximately 158.42 m to the point of commencement (all bearings being referred to the True Meridian), being the area represented and more particularly delineated in red on the Plan PP227 kept in the office of the Director of Lands and Surveyor-General.

(2) Subject to paragraph 3, the prohibited anchorage described in subparagraph (1) is in addition to any other prohibited anchorage.

Revocation of certain provisions relating to Laucala Bay

3. Paragraph (a) of Proclamation No. 34 of 1967 and the First Schedule to that Proclamation are revoked.

3. - ESTABLISHMENT OF RESTRICTED ANCHORAGE

----------------

Legal Notice No. 80 of 1967 (Proclamation No. 34 of 1967)

1. The area described in the Schedule shall be an area where no vessels other those belonging to members of the Royal Suva Yacht Club shall anchor or navigate.

SCHEDULE

The area situated within the following boundaries:-

Commencing at the Tamavua Beacon having Lands Department co-ordinates of North 634142∙0 links east 769699∙0 links; thence in a northerly and easterly direction by the following lines bearing-

352 degrees 30 minutes for a distance of 1,700 feet, 95 degrees 00 minutes for a distance of 2,080 feet more or less to high-water mark of the sea coast; thence in a southerly and westerly direction following high-water mark of the sea coast to a point at the north-western corner of the Royal Suva Yacht Club Starting Hut; thence in a south-westerly direction on a bearing of 232 degrees 30 minutes for a commencement of 1,230 feet more or less to the Tamavua Beacon being the point of commencement; and being more particularly shown on plan D. O. 329 lodged in the office of the Director of Lands, Suva.

All bearings are on standard meridian.

----------------

Legal Notice No. 55 of 1981

2. The area described in the Schedule shall be set apart as an area where no vessels other than those belonging to, or authorised to be used for the purposes of the school of Maritime Studies may anchor or navigate.

SCHEDULE

All that area of sea situated at Laucala Bay within a line commencing at the high water mark at the southern extremity of the land strip in position 18°-09.0' south, 178°-27.4'E (Chart BA1674 and Lands Department PP179) in a direction 048° (T) for 120.7 metres, thence 317°(T) to the high water mark at the coast, thence generally westward along the high water mark to the root of the land strip and along the high water mark of the north-eastern side of the land strip to the point at which the said line commenced.

4. - EXEMPTION FROM WHARFAGE DUES

---------------

Legal Notice No. 15 of 1968

The following goods have been exempted from payment of wharfage dues:-

(a) Fish, fresh, chilled or frozen, imported in ships approved by the Minister;

(b) Fish and fish products exported by a company approved by the Minister.

__________

[Subsidiary Legislation]

5. - HARBOUR REGULATIONS

TABLE OF PROVISIONS

PART I - PRELIMINARY

REGULATION
1. Short title
2. Interpretation

PART II - PILOTAGE DUES

3. Pilotage fees and exemptions
4. Dues payable whether pilot used or not

PART III - PORT AND LIGHT DUES

5. Port charges
6. Light charges
7. Lights dues at half rate in certain cases
8. Exemption from payment of light dues

PART IV - WHARFAGE DUES

9. Wharfage dues
10. Exemption of vessel taking in water only
11. Vessel discharging into vessel at wharf
12. Vessel discharging into vessel taking in water
13. Landing of mails and passengers
14. Vessels arriving on Sunday, etc.
15. Exemption from wharfage dues

PART V - PRIVATE WHARVES, ETC.

16. Private wharf, etc.
17. Rent for private wharf
18. Maintenance of wharf and payment of fees
19. Failure to close wharf an offence

PART VI - STORAGE OF GOODS FOR SHIPMENT

20. Storage of goods for shipment
21. Application to store goods
22. Particulars in application
23. Presumption as to owner
24. Labour to be provided
25. Stacking of goods
26. Receipt for goods
27. Delivery of goods
28. Liability for damage
29. Damage to buildings, etc.
30. Naked lights prohibited
31. Perishable goods, etc.
32. Calculation of storage charges
33. Overtime
34. Detention of goods pending payment of charges
35. Discretion of Director to direct removal, etc.
36. Charges for storage
37. Time limit for storage

PART VII - STORAGE OF GOODS FOR COLLECTION BY CONSIGNEE

38. Storage dues
39. Tonnage
40. Goods may be removed
41. Goods stored without approval
42. Detention
43. Provisions to apply

PART VIII - STORAGE OF INTER-ISLAND GOODS

44. Storage of inter-island goods
45. Application for storage
46. Presumption of owner
47. Stacking, etc.
48. Wet copra
49. Dangerous goods
50. Charges
51. Detention of goods
52. Discretion of Director as to removal, etc.
53. Storage charges
54. Period of storage

PART IX - GENERAL

55. Harbour master's flag
56. Pilot of Port of Suva
57. Pilot signals to be made by vessels approaching harbour
58. Private buoys, etc.
59. Vessels not to navigate near wharf
60. Silencers
61. Steam-whistles, etc.
62. Rat guards

PART X - LOGS AND RAFTS

63. Logs or rafts or timber
64. Mooring of logs, etc.
65. Lights for logs, etc.
66. Logs coming adrift
67. Log not to be cast adrift

PART XI - NUBUKALOU CREEK

68. Nubukalou Creek
69. Taking logs up creek
70. Logs, etc., not to remain in creek
71. Construction of rafts, etc.
72. Mooring of vessels
73. Vessels abreast
74. Athwart stream
75. Lights
76. Removal of vessel
77. Protection against deposit of sand, etc.
78. Mooring to private property
79. Damage to bank
80. Boundaries of creek

PART XII - PORTERS

81. Licensing of porters
82. Duration of license
83. Conduct of porters
84. Abusive language
85. Porter not to board vessel
86. Cleanliness
87. Badge to be worn
88. Loss of badge
89. Fee for licence
90. Charges for carriage of packages

PART XIII - WHARVES

91. Priority of use of wharf
92. Powers of customs and police officers
93. Disobedience of order
94. Discharge and loading
95. Slinging of goods
96. Stacking of goods
97. Time limit for goods on wharf
98. Dangerous and inflammable goods
99. Cleansing of wharf
100. Use of landing steps, etc.
101. Vehicles, etc., on wharf
102. Landing and shipping of animals
103. Obedience to orders
104. Smoking on wharf
105. Responsibility for damage to wharf
106 Use of fenders
107. Storage in open sheds
108. Landing of goods at steps, etc.
109. Nuisance, etc.
110. Defacing wharf, etc.
111. Placards
112. Restriction on entering sheds, etc.
113. Children
114. Closing of wharf
115. Restriction on being on wharf
116. Sorting timber, etc.
117. Dues to be paid before removal of goods
118. Fuel, etc., not to be deposited
119. Refuse, etc.
120. Heating of pitch, etc., on wharf
121. Repair work on wharf
122. Gangways
123. Vessels in motion

PART XIV - MOORING OF VESSELS,

124. Directions as to coming alongside or leaving wharf
125. Harbour master to direct where vessel to be moored, etc.
126. Obstruction
127. Small craft to give way
128. Cables to be clear
129. Application to berth
130. Use of tug
131. Harbour master may order vessel to be moved
132. Anchor buoys
133. Harbour master may order striking of yards, etc.
134. Assistance to harbour master
135. Careening, etc., of vessel
136. Obedience to harbour master
137. Disembarkation, etc., across ship alongside wharf
138. Use of refuse chute, etc.
139. Mooring of coal hulk, etc.

PART XV - AQUATIC SPORTS

140. Designated areas
141. Restriction on water skiing, etc.
142. Signals that diving is in progress
143. Young persons not to operate power driven vessels
144. Observers to be carried
145. Vessels engaged in water skiing to leave at 90° angle
146. Water skiing in anti-clockwise direction
147. Skis not to have sharp edges
148. Towlines
149. Vessels used for water skiing to have priority in designated area
150. Restricted anchorage
151. No swimming, etc., in designated areas
152. Exclusive areas for clubs
153. Swimming, etc., in areas set aside
154. Regulations to be exhibited
155. Director of Marine to supervise enforcement of this Part

PART XVI - MISCELLANEOUS

156. Vessel with explosive, etc., on board
157. Tonnage to be registered tonnage
158. Payment of dues
159. Trucks, etc.
160. Loading of trucks
161. King's Wharf, Levuka
162. Limit on weight of package
163. Penalty

First Schedule - Designated Areas
Second Schedule - Restricted Speed Areas
Third Schedule - Scale of Dues

---------------------

Regulations 19 December 1924, 27 February 1925, 7 September 1925, 15 February1933, 9 January 1935, 16 February 1939, 4 September 1941, 1 October 1948, 13 October 1949, 15 August 1952, 7 November 1952, 3 March 1953, 1 December 1953, 2 February1955, 31 July 1957, 7 November 1958, 29 December 1958, 6 March 1959, 29 October 1959, 28 December 1961, 7 September 1962, 2 July 1963, 2 December 1963, 24 February 1965, 28 October 1965, Legal Notices Nos. 200 of 1968, 74 of 1969, 84 of 1969, 124 of 1969, 112 of 1970, 156 of 1973, 65 of 1975, 100 of 1975, 72 of 1984

HARBOUR REGULATIONS

PART I - PRELIMINARY

Short title

1. These Regulations may be cited as the Harbour Regulations.*

* The operation of these Regulations is affected by section 64 of the Act.

Interpretation

2. In these Regulations, unless the context otherwise requires -

"British possession" means Fiji and any country or territory of the commonwealth;

"cruise ship" means a vessel-

(a) which is not on a regular passenger service; and

(b) wherein the majority of passengers are disembarking at 1 or more ports in Fiji for a visit ashore and subsequent re-embarkation; and

(c) wherein the majority of passengers are due to return to the country in which they embarked; and

(d) wherein passengers, cargo and mail are not being carried from any port or place in Fiji without the written consent of the Director of Marine;

"freight ton" means a ton of 20 hundredweight gross weight or 40 cubic feet measurement as may be appropriate in the circumstances;

"inland freight station" means any warehouse or place approved by the Minister to which goods may be removed for storage from a wharf, dock, pier, jetty, quay or landing-place.

(inserted by Legal Notice 74 of 1969; amended by Legal Notice 85 of 1969; 65 of 1975.)

PART II - PILOTAGE DUES

Pilotage fees

3.-(1) The following pilotage fees shall be paid by vessels:-

Provided that vessels in ballast and in respect of which no services are actually rendered by a harbour master or pilot shall only be required to pay half the above rates.

(Amended by Regulations 7 November 1958; 29 December 1958; Legal Notice 200 of 1968.)

Exemptions

(2) The following vessels shall be exempt from payment of pilotage dues:-

(a) any vessel of or in the commissioned service of Her Majesty or of any foreign State;

(b) any vessel in the service of the Government of any British possession other than traders;

(c) a vessel chartered by or on behalf of Her Majesty or any British possession for naval purposes when the dues are payable by Her Majesty or by the Government of such British possession;

(d) any vessel employed solely for scientific, marine surveying or expiration purposes;

(e) yachts and missionary vessels from beyond Fiji when not conveying goods or passengers for hire except for services when actually rendered by the harbour master or a pilot;

(f) vessels putting into any harbour in distress or through stress of weather, or for water or stores, or repairs, or for the purpose of docking only, except for services when actually rendered by the harbour master or a pilot;

(g) vessels obliged to return to a harbour through stress of weather or other sufficient cause, except for services when actually rendered by harbour master or a pilot;

(h) vessels entering or leaving Lautoka harbour;

(i) vessels entering or leaving Levuka harbour;

(j) in respect of voyages between ports and places within Fiji-

(i) vessels in respect of which a coasting licence is held under provisions of the Coasting Act, except for services when actually rendered by a harbour master or a pilot;

(ii) yachts and pleasure boats under 5 tons, punts and lighters not propelled by sail or mechanical power, and tugs when employed solely in the transport of any agricultural products of Fiji and plantation and mill stores and machinery the property of the owner thereof, without fee or payment of any kind whatsoever:

Provided that, if, after any vessel has put into a harbour under circumstances conferring on it exemption from pilotage dues under paragraphs (f) and (g), any of its cargo is discharged except for the purposes of permitting of repairs or docking, or any fresh cargo or passengers are taken on board, the vessel shall thereupon become liable for pilotage dues as from the date of arrival.

(Amended by Regulations 9 January 1935; 24 February 1965.)

Dues payable whether pilot used or not

4. Pilotage dues shall be payable by vessels entering or leaving a harbour except in exempted cases, whether the services of the harbour master or a pilot availed of or otherwise.

PART III - PORT AND LIGHT DUES

Port charges

5.-(1) Subject to the provisions of paragraph (3), the following port charges shall be paid by. vessels, other than vessels of a type specified in paragraph (2), in respect of entering a harbour and occupying an anchorage or berth, for every 30 days or part thereof:-

(a) (i) if, loading or discharging cargo, or embarking or disembarking passengers, per 100 tons of the vessel's gross registered tonnage or part thereof.................... $5.00

or

(ii) if loading or discharging cargo, per freight tonne .............................. $0.121/2c,

whichever is the larger sum:

Provided that, in the case of a vessel making a second or subsequent entry into a harbour in Fiji before finally clearing for a port outside Fiji, the port charges payable in respect of such second or subsequent entry shall be $2.50 per 100 tons of the vessel's gross registered tonnage or part thereof or 10 cents per freight tonne of cargo discharged or loaded, whichever is the larger sum;

(b) if arriving from beyond Fiji for the sole purpose of taking in stores or water, for repairs or docking, or for quarantine or similar purposes, and not landing or loading cargo or passengers, per 100 tons of the vessel's gross registered tonnage or part thereof.......................................................................................................................... $2.50

(2) Subject to the provisions of paragraph (3), the following port charges shall be paid by a vessel in respect of which a coasting licence is held under the provisions of the Coasting Act:-

(a) if used for carrying cargo or passengers, per 10 tons of the vessel's gross registered tonnage or part thereof, per calendar year-

if mechanically propelled .................................... $10.00
if not mechanically propelled ............................... $5.00

(b) if used as a tug, per calendar year ................................ $100.00

(3) The following vessels are exempt from payment of port charges:-

(a) any vessel of, or in the commissioned service of, any British possession or of any foreign state;

(b) any vessel in the service of the Government;

(c) any vessel obliged to return to a harbour through stress of weather or other sufficient cause to the satisfaction of the Director of Marine;

(d) in respect of voyages between ports or places within Fiji, any yacht, punt or pleasure vessel;

(e) any vessel or class of vessel exempted by the Minister, either generally or in a particular case.

(Substituted by Legal Notice 65 of 1975.)

Light dues

6.-(1) Subject to subregulations (2) and (3) light dues calculated at the following rates are payable in respect of a vessel entering a harbour-

(a) vessel from beyond Fiji, other than visiting cruise ships, from any port of place within Fiji-per ton...................................................................................................................$1.38
(second port charge)

(b) visiting cruise ship-per ton .................................................................................$05.50

(c) visiting cruise ships from any ports or place in Fiji-per ton................................$00.91
(second port charge)

(d) all other vessels per ton.......................................................................................$09.16

(2) The minimum charge for light dues payable in respect of a vessel entering a harbour is $2.20.

(3) A vessel in respect of which a coasting licence is held under the Co Act shall not be liable to pay light dues on more than 6 occasions during any year.

(Substituted by Legal Notice 72 of 1984.)

Light dues at half rate in certain cases

7. Only half the above rates of light dues shall be levied on vessels arriving from beyond Fiji and putting into any harbour for the sole purpose of taking stores or water, or for repairs of docking, or for quarantine or similar purposes, and not landing or loading cargo or passengers in such harbour.

(Substituted by Regulations 15 February 1933; and amended by Regulations 7 November 1958; Legal Notice 65 of 1975.)

Exemptions from payment of light dues

8. The following vessels are exempt from payment of light dues:-

(a) any vessel of, or in the commissioned service of, Her Majesty or of any foreign State;

(b) any vessel in the service of the Government of any British possession other than traders;

(c) a vessel chartered by or on behalf of Her Majesty or any British possession for naval purposes when the dues are payable by Her Majesty or by the Government of such British possession;

(d) any vessel employed solely for scientific, marine surveying or exploration purposes;

(e) yachts and missionary vessels from beyond Fiji when not conveying goods or passengers for hire;

(f) vessels obliged to return to a harbour through stress of weather or other sufficient cause to the satisfaction of the Director of Marine;

(g) vessels exempted by contract with the Government;

(h) in respect of voyages between ports and places within Fiji, yachts and pleasure boats under 5 tons, punts and lighters not propelled by sail or mechanical power, and tugs when employed solely in the transport of any agricultural products of Fiji and plantation and mill stores and machinery the property of the owner thereof, without fee or payment of any kind whatsoever. (Amended by Legal Notice 74 of 1969; 65 of 1975.)

[(2)***** (Inserted by Legal Notice 74 of 1969; revoked by Legal Notice 65 of 1975.)]

PART IV - WHARFAGE DUES

Wharfage dues

9.-(1) Subject to the provisions of regulation 14, there shall be paid by vessels berthed at a Government wharf wharfage dues according to the following scale:-

Cruise ships, per 100 tons of vessel's gross registered tonnage or part thereof, per hour or part thereof........................................................................................................ 15c

Vessels in respect of which a coasting licence is held under the provisions of the Coasting Act, per 100 tons of the vessel's gross registered tonnage or part thereof, per hour or part thereof ............................................................................................................. 15c

Every other vessel, per 100 tons of the vessel's gross registered tonnage or part thereof, per hour or part thereof ................................................................................... 30c

Provided that the wharfage dues payable in respect of a vessel undergoing repairs at the Walu Bay repair wharf at Suva shall be one-quarter of those prescribed in this paragraph.

(2) On each occasion when the service of Marine Department staff is provided to handle mooring lines in respect of a vessel, additional wharfage dues shall be payable. Such additional dues shall be the direct labour costs involved, being the current hourly rate for Government employees, plus an overhead charge of 25 per cent. The minimum dues shall be based on the rate for 1 hour for each person employed.

(Substituted by Legal Notice 65 of 1975.)

Exemption of vessel taking in water only

10. A vessel requiring to take in water may come alongside a wharf for such as it is deemed necessary for the purpose by the harbour master without the payment of wharfage dues:

Provided that no goods or passengers are discharged therefrom and no goods or passengers are loaded during that time over the wharf.

Vessel discharging into vessel at wharf

11. A vessel alongside a vessel which is at the wharf and paying wharfage dues shall be exempted from wharfage dues if the goods loaded from or discharged into that vessel do not pass over the wharf.

Vessel discharging into vessel taking in water

12. A vessel discharging goods into a vessel which is at the wharf taking in water shall be exempt from wharfage dues if the goods discharged do not pass over the wharf.

Landing of mails and passengers

13. In cases where a vessel has paid wharfage dues during her stay in port, such vessel may come alongside a wharf for such time as is deemed necessary by the harbour master for the sole purpose of loading mails and passengers without further payment of wharfage dues.

Vessels arriving on Sunday, etc.

14. A vessel regularly employed in carrying mails and cargo to Fiji and which arrives on a Sunday or other day on which goods are not permitted to be discharged on to or loaded from a Government wharf, may berth at a wharf on the said day of arrival and shall not be liable for wharfage dues for the time between the hour of berthing and midnight of the same day by reason only of the fact that mails, passengers and their luggage, or live-stock, have been discharged during that period.

Exemptions from wharfage dues

15.-(1) The following vessels shall be exempt from the payment of wharfage dues:-

(a) any vessel of less than 2 tons;

(b) any vessel of, or in the commissioned service of, Her Majesty or foreign State;

(c) any vessel in the service of the Government of any British possession other than traders;

(d) a vessel chartered by or on behalf of Her Majesty or any British possession for naval purposes when the dues are payable by Her Majesty or by the Government of such British possession;

(e) vessels exempted by contract with the Government.

(Amended by Regulations 3 March 1953.)

(2) The following vessels shall be exempt from payment of additional wharfage dues in respect of handling mooring lines:-

(a) a vessel of, or in the commissioned service of, Her Majesty or of any foreign State;

(b) a vessel in the service of the Government of any British possession other than traders;

(c) a vessel chartered by or on behalf of Her Majesty or any British possession for naval purposes when the dues are payable by Her Majesty or by the Government of such British possession;

(d) a vessel employed solely for scientific, marine surveying or exploration purposes;

(e) a vessel which, on the instructions of the harbour master, is required to move berth;

(f) a vessel in respect of which a coasting licence is held under the provisions of the Coasting Act;

(g) vessels exempted by contract with the Government.

(Inserted by Regulations 7 September 1962; amended by Regulations 24 February 1965.)

PART V - PRIVATE WHARVES, ETC.

Private wharf, etc.

16.-(1) Any person desirous of erecting a private wharf, pier, jetty or landing-place in any declared harbour shall first make application in writing to the Minister for permission so to do, and such application shall, unless the Minister permits otherwise, be accompanied by a plan and description signed by a licensed surveyor showing the position and dimensions of the structure proposed to be erected, and stating the material to be used.

(Amended by Legal Notice 112 of 1970.)

(2) Such application shall be taken in consideration by the Minister who may issue a licence permitting the erection of the wharf subject to such conditions as be deemed desirable in the case, and upon payment by the licensee of annual rental in accordance with the scale set forth in regulation 17.

(Amended by Legal Notice 112 of 1970.)

(3) Any person erecting a wharf, pier, jetty or landing-place without a licence sink first obtained as above-mentioned, or of materials other than those approved, shall be liable on conviction to a fine not exceeding $200 or imprisonment not exceeding 6 months, and any structure so erected may be removed by the harbour master, or if there is no harbour master by such other son as the Director of Marine may authorise, at the expense of the person so convicted, and the material forfeited to the Crown.

Rent for private wharf

17. In addition to any other conditions imposed by the Minister for the issue of a permit and licence for the erection of a wharf in a harbour and licensed under section 23 of the Act, the following annual rents shall be paid for such wharf:-

$

(a) for an encroachment not exceeding 500 superficial feet......................... 20

(b) for an encroachment exceeding 500 superficial feet but not exceeding 1,000 superficial feet ............................................................................................. 30

(c) for an encroachment exceeding 1,000 superficial feet but not exceeding 2,000 superficial feet ............................................................................................ 48

(d) for an encroachment exceeding 2,000 superficial feet but not exceeding 3,000 superficial feet ........................................................................................... 80

(e) for an encroachment exceeding 3,000 superficial feet but not exceeding 5,000 superficial feet ........................................................................................... 120

(f) for an encroachment exceeding 5,000 superficial feet but not exceeding 10,000 superficial feet........................................................................................... 160

(g) for an encroachment exceeding 10,000 superficial feet........................ 200.

(Substituted by Regulations 31 July 1957; amended by Legal Notice 112 of 1970.)

Maintenance of wharf and payment of fees

18.-(1) Every private wharf shall be kept in a proper state of repair to the satisfaction of the harbour master, and at the discretion of the harbour master such wharf shall be closed to use until such repairs are effected.

(2) If the licence fee for any wharf remains unpaid for more than 14 days after the licence fee becomes due, or if the repairs, if any, required by the harbour master to be effected are not effected within a reasonable time, the licence shall come void and the owner of the wharf shall remove such wharf.

Failure to close wharf an offence

19. If the owner of a wharf not duly licensed or closed to use by direction of the harbour master uses or permits or suffers such wharf to be used, he commits an offence against these Regulations.

PART VI - STORAGE OF GOODS FOR SHIPMENT

Storage of goods for shipment

20. Goods may be stored awaiting shipment for export in the sheds known as the customs receiving sheds at Suva, and the customs receiving sheds and fumigation sheds at Levuka and Lautoka, and in any area appointed under the Customs Act as a place for the temporary reception of dutiable and other goods, when, in the opinion of the Director of Marine, accommodation may be given, having regard to the requirements of space for imported goods and under the conditions specified in the succeeding regulations.

(Amended by Regulations 1 October 1948.)

(Cap. 196.)

Application to store goods

21. An application for storage must be made in writing and state the name of the vessel concerned, and must be presented to the Director of Marine office hours and at least 12 hours prior to the hour at which an officer of customs is required to be in attendance for the purpose of receiving the goods requested to be stored.

Particulars in application

22. Any person, firm or company wishing to store goods shall state application the following particulars:-

(a) the nature of the cargo to be stored and the approximate quantity, weight or measurement of the same;

(b) the hour and date they wish to store the cargo;

(c) the probable date of shipment.

Presumption as to owner

23. The person making the application for storage will be deemed the owner of the goods.

Labour to be provided

24. All labour required for receiving and delivering cargo shall be provided by him at the expense of the owner, shipper or consignee.

Stacking of goods

25. All goods shall be stacked to the satisfaction of the Director of Marine or any officer of customs duly appointed by him to receive the same.

Receipt for goods

26. A receipt shall be given for goods stored upon application for the same being made by the owner, shipper or consignee thereof.

Delivery of goods

27. The goods shall not be delivered until the storage and other charges have been paid or secured to the satisfaction of the Director of Marine. All persons taking delivery of goods shall sign a receipt for the same.

Liability for damage

28. The goods shall remain in the sheds at the risk of the owners, shippers or consignees (as the case may be) and the Crown shall not be liable for compensation for any loss or damage owing to fire, water, vermin, inevitable accident, or of felony.

Damage to buildings, etc.

29. Any damage by or arising out of the storage of goods to the buildings, wharves, trucks, etc., shall be made good by the owner of the goods.

Naked lights prohibited

30. No naked lights shall be used in the sheds.

Perishable goods, etc.

31. No perishable, dangerous or inflammable goods shall be stored. Only goods in properly secured cases, bags or packages shall be stored, and not goods in bulk or copra in bags which are wet or appear to be wet, nor shall any goods which, in the opinion of the Director of Marine, are likely to cause damage to a shed or other goods stored therein be received into a shed.

Calculation of storage charges

32. Storage charges shall be calculated from the hour of reception of the first package of a consignment to the hour of delivery of the last package thereof:

Provided that only such goods as are stored on any 1 day shall be charged for as from that day.

Overtime

33. There shall be paid in addition to the storage charges all charges for overtime attendance of officers.

(Amended by Regulations 6 March 1959.)

Detention of goods pending payment of charges

34.-(1) The Director of Marine may detain any goods stored in any shed or any area appointed under the Customs Act as a place for the temporary reception of dutiable and other goods, or placed upon the wharf until all charges for storage or wharfage have been duly paid or secured to his satisfaction.

(2) Storage charges incidental to such detention must also be paid.

(Amended by Regulations1 October 1948;Legal Notice 112 of 1970)

(Cap.196.)

Discretion of Director to direct removal, etc.

35.-(1) Notwithstanding anything set out in these Regulations, any goods stored in a shed shall, at the direction of the Director, be immediately removed therefrom or be removed at his direction from one place in a shed to another place herein.

(2) If not removed as directed the charges shall be 50 cents per ton or part of a ton for each day the goods have been or are stored, and the Director may refuse further storage to the person failing to remove such goods as directed.

Charges for storage

36.-(1) Every owner whose goods shall be stored in a Government shed shall pay in respect of such goods the storage charge of 10 cents per ton or part of a ton per week or part of a week.

(2) Every owner whose goods shall be stored in any area appointed under the customs Act as a place for the temporary reception of dutiable and other goods shall pay in respect of such goods the storage charge of 2 cents per ton or week or part of a week:

(Cap. 196.)

Provided that no charge shall be made under this regulation for the storage of goods unless the goods have been stored for more than 48 hours.

(Inserted by Regulations 1 October 1948; amended by Legal Notice 112 of 1970.)

Time limit for storage

37.-(1) Goods stored in a Government shed at Suva, Levuka or Lautoka or in any area appointed under the Customs Act as a place for the temporary reception of dutiable and other goods, shall not remain in such shed or area for more than 4 weeks.

(2) If they remain for more than 4 weeks, the storage charges shall be trebled for the period in excess of 4 weeks.

(3) If, after the expiration of 9 weeks, goods are not removed, the Director of Marine shall notify the owner, shipper or consignee thereof in writing to remove the same and if, within 1 week of such notice, the goods are not removed then they may be sold to defray expenses.

(Amended by Regulations 4 September 1941; 1 October 1948; 7 September1962; Legal Notice 112 of 1970.)

(Cap. 196.)

PART VII - STORAGE OF GOODS FOR COLLECTION BY CONSIGNEE
(Inserted by Legal Notice 65 of 1975.)

Storage dues

38. The dues specified in the Third Schedule shall be payable for the storage of all goods discharged from a vessel on to a wharf, dock, pier, jetty, quay or landing-place whilst awaiting collection by the consignee, whether or not such goods are subsequently removed to an inland freight station in accordance with the provisions of regulation 40:

Provided that the harbour master may exempt from the provisions of this regulation such goods or class of goods as he may consider necessary or desirable.

(Inserted by Legal Notice 65 of 1975.)

Tonnage

39.-(1) Store dues will be based on the Manifest Tonnage, and where weight and measurement are both shown, charges will be assessed on the greater tonnage. Conversion from cubic measurement will be at 1 cubic metre per tonne and from weight at 1,000 kg. per tonne.

(2) In every case where a manifest has not been lodged or the weight or measurement is not shown on the Bill of Lading or Delivery Order, charges will be calculated at 1 cubic metre or gross weight, whichever is the greater.

(Inserted by Legal Notice 65 of 1975.)

Goods may be removed

40. Notwithstanding the provisions of these Regulations, any goods stored in accordance with the provisions of regulation 38 may, at the direction of the harbour master, be removed at any time from a wharf, dock, quay or landing-stage to an inland freight station, in which case the charges specified in the Third Schedule shall be payable.

(Inserted by Legal Notice 65 of 1975; amended by Legal Notice 100 of 1975.)

Goods stored without approval

41. Any goods stored without the approval of the harbour master may be removed at any time by the harbour master and the costs of removal shall be added to the store dues payable in respect thereof.

(Inserted by Legal Notice 65 of 1975.)

Detention

42. The harbour master may detain any goods stored in accordance with the provisions of regulation 38 until all dues for and incidental to the storage of such goods have been duly paid or secured to his satisfaction.

(Inserted by Legal Notice 65 of 1975.)

Provisions to apply

43. The provisions of subsections (5), (6) and (7) of section 69 of the Customs and of paragraph (5) of regulation 88 of the Customs Regulations shall apply to all goods removed to an inland freight station pursuant to the provisions of this Part.

(Inserted by Legal Notice 65 of 1975.)

(Cap. 196.)

PART VIII - STORAGE OF INTER-ISLAND GOODS

Storage of inter-island goods

44. Goods landed from or intended to be loaded into an inter-island vessel may be stored in the sheds known as the customs receiving sheds at Suva and the customs receiving sheds and fumigation sheds at Levuka and Lautoka and in any area appointed under the Customs Act as a place for the temporary reception of dutiable and other goods, when, in the opinion of the Director of Marine, accommodation is available, having regard to the requirements of space for imported goods and for goods awaiting shipment for export, and under the owing conditions.

(Substituted by Regulations 13 October 1949; amended by Legal Notice 112 of 1970.)

(Cap. 196.)

Application for storage

45.-(1) An application for storage must be made in writing and must be presented to the Director of Marine during office hours and at least 12 hours prior the hour at which an officer of customs is required to be in attendance for the purpose of receiving the goods.

(2) Such application must state the quantity and description of the goods requested to be stored and the name of the vessel concerned.

(Substituted by Regulations 13 October 1949.)

Presumption of owner

46. The person making the application for storage will be deemed to be the owner of the goods and will be held liable for the charges.

(Substituted by Regulations 13 October 1949.)

Stacking, etc.

47. Goods must be stacked as required by an officer of customs and no goods unless properly bagged, cased or bundled will be stored.

(Substituted by Regulations 13 October 1949.)

Wet copra

48. Copra in bags which are wet or appear to be wet will not be received for storage in a shed.

(Substituted by Regulations 13 October 1949.)

Dangerous goods

49. No goods which in the opinion of the Director of Marine are dangerous goods or are likely to cause damage to a shed or other goods stored therein will be received for storage in a shed.

(Substituted by Regulations 13 October 1949.)

Charges

50. There shall be paid in addition to the storage charges all charges for overtime attendance of officers.

(Substituted by Regulations 13 October 1949; amended by Regulation 6 March 1959.)

Detention of goods

51.-(1) The Director of Marine may detain any goods stored in any shed or in any area appointed under the Customs Act as a place for the temporary reception of dutiable and other goods until all charges for storage have been duly paid or secured to his satisfaction.

(2) Storage charges incidental to such detention must also be paid.

(Substituted by Regulations 13 October 1949; amended by Legal Notice 112 o f 1970)

(Cap. 196.)

Discretion of Director as to removal, etc.

52.-(1) Notwithstanding anything set out in these Regulations, any goods stored in a shed shall, at the direction of the Director, be immediately removed therefrom or be removed at his direction from one place in a shed to another place therein.

(2) If not removed as directed, the charges shall be 50 cents per ton or part of a ton for each day the goods have been or are stored, and the Director may refuse to further storage to the person failing to remove such goods as directed.

(Substituted by Regulations 13 October 1949.)

Storage charges

53.-(1) Every owner whose goods shall be stored in a Government shed, shall pay in respect of such goods the storage charge of 10 cents per ton or part of a ton per week or part of a week.

(2) Every owner whose goods shall be stored in any area appointed under the Customs Act as a place for the temporary reception of dutiable and other goods shall pay in respect of such goods the storage charge of 2 cents per ton or part of a ton per week or part of a week:

(Cap. 196.)

Provided that no charge shall be made under this regulation for the storage of goods unless the goods have been stored for more than 24 hours.

(Substituted by Regulations 13 October 1949 para. (2) amended by Legal Notice 112 of 1970)

Period of storage

54.-(1) Goods stored in a Government shed at Suva, Levuka or Lautoka or in an area appointed under the Customs Act as a place for the temporary reception of dutiable and other goods shall not remain in such shed or area for more than 4 weeks.

(2) If they remain for more than 4 weeks, the storage charges shall be trebled for the period in excess of 4 weeks.

(3) If, after the expiration of 9 weeks, the goods are not removed, the Director of Marine shall notify the owner, shipper or consignee thereof in writing to remove the same and if, within 1 week of such notice the goods are not removed, then they may be sold to defray expenses.

(Cap. 196.)

PART IX - GENERAL

Harbour master's flag

55. The harbour master, when on duty, shall fly a flag of the following description: The flag shall be of 2 colours, the upper horizontal half white with the letters H.M. conspicuous thereon and the lower horizontal half red.

Pilot of Port of Suva

56. In Suva the harbour master shall be the pilot of the port:

Provided that the Director of Marine may appoint any fit and proper person to act temporarily for the purpose for or in the place of such harbour master.

(Amended by Regulations 9 January 1935.)

Pilots signals to be made by vessels approaching harbour

57. The signals to be made by a vessel approaching a harbour and requiring services of a pilot shall be-

(a) during the day time and to be hoisted at the fore-

(i) the Jack or other national colours usually worn by merchant vessels having round it a white border one-fifth the breadth of the flag; or

(ii) the International Signal indicated by P.T.;

(b) during the night time-

(i) a pyrotechnical light commonly known as a blue light every 5 minutes; or

(ii) a bright white light flashed or shown at short or frequent intervals just above the bulwarks for about a minute at a time.

Private buoys, etc.

58. Private buoys, moorings or anchors may be laid down in a harbour under following conditions:-

(a) the position of same shall be selected by the harbour master and approved by the Director of Marine;

(b) the buoys, moorings and anchors shall be such as shall be approved by the harbour master as sufficient for the purpose intended;

(c) an annual fee of $2 shall be paid for buoys, moorings or anchors vessels of 100 tons and under and $4 for those of vessels exceeding that tonnage, and such fee as the Minister may determine when required for other purposes.

Vessels not to navigate near wharf

59. No person shall, without the permission of the harbour master, navigate a vessel within 100 yards of the western face of the King's Wharf, Suva, or berth or unberth a vessel at that face of the wharf during such time as a red pennant is flown from the flag-staff in the harbour master's office or while a red light is exhibited from the staff.

Silencers

60. The master or owner of any motor vessel shall not permit such vessels at any time to be navigated or permit the engines of same to be used in a harbour unless there is attached to such engines and used therewith a muffler, silencer or under-water exhaust which in the opinion of the harbour master is sufficient and effective to prevent undue noises:

Provided that the harbour master may at such times and places as he may determine permit the use of such engines without using an approved muffler, silencer or under-water exhaust on the occasion and during the period of a motor boat race or for trial purposes.

Steam-whistles, etc.

61.-(1) The master of a vessel shall not permit or suffer any steam-whistle, steam-horn, siren or other similar contrivance to be sounded on his vessel between the hours of 7 in the afternoon of each day and 6 in the morning of the following day except so far as may be necessary for the safe navigation of his vessel and, in this connection, a master shall be deemed to have permitted or suffered a whistle, horn, siren or other appliance to be sounded when any member of the ship’s company violates this regulation.

(2) In any prosecution for a breach of this regulation, the onus of proving that the sounding of such steam-whistle, steam-horn, siren or other similar contrivance was necessary for the safe navigation of the vessel shall be upon the master.

(Inserted by Regulations 27 February 1925.)

Rat guards

62.-(1) The master of every vessel arriving from ports beyond Fiji shall, whilst such vessel is within Fiji and lying at any wharf, provide and use on all mooring lines metal rat guards approved by the harbour master of the port or, in his absence or when there is no harbour master appointed for a port, by the chief officer of customs of the port, and shall take such other precautions as shall be deemed necessary by the harbour master or chief officer of customs aforesaid to prevent the passage of rats from or to his vessel.

(2) The master of the afore-mentioned vessel shall also provide and use metal rat guards on all lines between such vessel and a vessel or vessels lying alongside her and take such other precautions to prevent the passage of rats from or to his vessel as shall be deemed necessary by the harbour master or chief officer of customs as the case may be.

(3) The master or owner of a vessel lying alongside a vessel required by the fore-going provisions to provide and use rat guards and to take other precautions to prevent the passage of rats from or to his vessel shall immediately remove his vessel from alongside such vessel upon the request of the master of such vessel or of the harbour master or chief officer of customs.

PART X - LOGS AND RAFTS

Logs or rafts of timber

63. No person shall tow any log or logs, raft or rafts of timber within a harbour except between sunrise and sunset and except with a tow-line not exceeding 100 feet in length, or any log or logs, raft or rafts of timber exceeding 200 feet in length.

Mooring of logs, etc.

64. No log or logs, raft or rafts of timber shall be moored, anchored, placed or in any part of a harbour except that approved by the harbour master.

Lights for logs, etc.

65. Any person who shall moor, anchor, place or leave any log or logs, raft or of timber in any place shall cause the same to be safely and securely moored, anchored, placed or left and shall cause to be kept exhibited from each end of such or logs, raft or rafts of timber from sunset to sunrise a red light in such manner such light shall be visible from every direction from a distance of 1 mile.

Logs coming adrift

66. Any log or logs or any part of a raft coming adrift from the main body shall be immediately secured and taken in tow or removed from the harbour and any person failing so to do shall be guilty of a breach of these Regulations.

Log not to be cast adrift

67. No person shall cast adrift any log or raft of timber.

PART XI - NUBUKALOU CREEK

Nubukalou Creek

68. No vessel shall anchor in Nubukalou Creek except with the permission of harbour master.

Taking logs up creek.

69. No rafts or logs shall be taken up the creek without the permission of the harbour master.

Logs, etc., not to remain in creek

70-(1) No rafts, logs or any vessel containing kerosene, benzene or other inflammable oils or materials shall remain in the creek above the bridge known as Thomson Street Bridge between sunset and sunrise without the permission of the hour master.

(2) Such permission shall only be given when the harbour master is satisfied at the rafts logs or inflammable material will be landed forthwith.

(3) When permission is granted and the conditions are not being carried out, harbour master shall have power to remove the same from the creek and to charge a fee of $4 for the service.

Construction of rafts, etc.

71.-(1) Rafts shall be constructed to the satisfaction of the harbour master and shall not interfere with the free navigation of the creek.

(2) No rafts or logs shall be taken up or down the creek except as provided for above.

Mooring of vessels

72.-(1) Vessels shall be securely moored to the banks by stem and stern to the satisfaction of the harbour master.

(2) The harbour master may condemn mooring lines and proper and sufficient lines shall be supplied at his direction.

Vessels abreast

73. No 2 or more vessels shall be moored abreast.

Athwart stream

74. No vessel shall be moored at athwart the stream.

Lights

75. Vessels moored in the creek between sunset and sunrise shall carry a bright light on the side of the vessel towards the middle of the creek.

Removal of vessel

76.-(1) Any vessel which by size or position of mooring interferes with the free navigation of the creek shall be removed therefrom at the direction of the harbour master.

(2) If such vessel is not removed within a reasonable time after his directions have been issued to the master or owner, it maybe removed by the harbour master and a fee of $4 charged.

Protection against deposit of sand, etc.

77. The harbour master may direct a vessel unloading or loading in the creek to supply necessary protection against accidental deposit of sand, stone or other articles in the creek.

Mooring to private property

78.-(1) Vessels, unless permitted to do so by the owner of the property, shall not moor to any private property.

(2) Any damage caused through such mooring shall be made good at the expense of the owner of the vessel.

Damage to bank

79. Damage to the bank shall made good at the expense of the vessel causing the damage.

Boundaries of creek

80. The creek shall be deemed to extend seaward to the site of the pontoon; the southern boundary of the creek being a line drawn from the seaward corner of the Government reclamation running parallel with the northern bank until it meets a line drawn at right angles to the face of the pontoon.

PART XII - PORTERS

Licensing of porters

81. The Director of Marine at any port may license such number of persons to be porters to ply for hire on a Government wharf as he shall deem sufficient for the convenience and no person shall ply for hire as a porter unless duly licensed and the Director may, from time to time hand without assigning any reason, cancel any license.

Duration of license

82. Unless cancelled, a licence shall expire on the 31 December next following its issue.

Conduct of porters

83. No porter shall until engaged stand near to or obstruct the gangway of any vessel but shall stand at such distance from the vessel and its gangway as the harbour master or an officer of customs shall direct and shall be silent and orderly in behaviour.

Abusive language

84. No porter when plying for hire shall use any abusive or insulting language to any person on any wharf or vessel.

Port not to board vessel

85. No porter shall go on board any vessel until such vessel shall be fastened to wharf and has a gangway or landing-stage out or until he shall be hired, the proof of which shall lie with him, or unless permission shall have been obtained the master, owner or agent of such vessel, nor shall he wilfully obstruct any person landing from or embarking upon any vessel at any time.

Cleanliness

86. A porter when plying for hire shall be clean in his clothing and person.

Badge to be worn

87. A person licensed as a porter shall when plying for hire wear upon his arm a metal badge which shall be supplied to him upon the issue of a license.

Loss of badge

88. Should a badge be lost, the porter to whom it was issued shall cease to ply for hire until another badge has been issued to him upon the issue of $1 shall be paid.

Fee for licence

89. An annual fee of 50 cents shall be paid for a porter's licence.

Charges for carriage of packages

90. The charges to be made by and payable to a porter in respect of the carriage of packages shall be-

(a) from any Customs or other examination station to any vehicle standing within a distance of 100 yards from such station, 2 cents per package;

(b) in any other case, 10 cents per package, with a minimum charge of 25 cents.

(Substituted by Regulations 28 October 1965.)

PART XIII - WHARVES

Priority of use of wharf

91.-(1) The following vessels shall have priority of use of Government wharves and the sheds thereon in the order named:-

(a) passenger and mail vessels trading to and from Fiji which are under contract with the Government of Fiji;

(b) passenger and mail vessels trading to and from Fiji which are under contract with the Government of any other part of the Commonwealth;

(c) passenger vessels regularly trading to and from Fiji but not falling in category (a) or (b);

(d) other passenger vessels trading to and from Fiji;

(e) cargo vessels (including oil tankers) which belong to, are under contract to or are chartered by companies engaged in regularly trading to and from Fiji;

(f) other vessels trading to and from Fiji;

(g) coasting vessels.

Men-of-war, naval auxiliaries, Government vessels and yachts may use Government wharves only when such wharves are not required for use by merchant vessels. A vessel lying at a wharf and not loading or discharging cargo or taking in water shall give way to any other vessel requiring the use of the wharf but a vessel loading or discharging cargo shall not be required to give way to any other vessel except in cases (a), (b), (c), (d) and (e):

Provided that, in any particular case, the harbour master in his discretion may vary the priorities provided for in paragraphs (a), (b), (c), (d), (e), (f) and (g) and in the remaining part of this regulation.

(Substituted by Regulations 15 August and amended by Regulations 28 December 1961.)

(2) In paragraph (1), "passenger vessel" means a vessel licensed to carry more than 12 passengers.

(Inserted by Regulations 1 December 1953)

(3) For the avoidance of doubt, it is declared that the provisions of this regulation do not apply to a private wharf which is within the purlieus of a Government wharf.

(Inserted by Regulations 2 December 1963.)

Powers of customs and police officers

92. The harbour master or any officer of customs or police officer may direct any person not being a public officer on duty to refrain from entering on any part of a wharf or direct any such person on any part of such wharf to remove to another part of such wharf or to leave such wharf and any such person shall forthwith comply with such direction.

Disobedience of order

93. In the event of non-compliance with such directions the harbour master, officer of customs or police officer may, with force if need be, remove such person.

Discharge and loading

94. The master of any vessel berthed at a wharf shall cause the discharge or loading of such vessel to be commenced and continued until completed by working at such hours as the Director of Marine shall direct.

Slinging of goods

95. Goods loaded on or discharged from a vessel shall be properly slung and the owner of the vessel shall be responsible for any damage occasioned by goods from the breaking of slings or from the goods being improperly slung or from any other cause.

Stacking of goods

96. Goods brought to a wharf for shipment or landed from a vessel shall be stacked in an orderly and tidy manner and shall be placed at such places as may be directed by the harbour master or an officer of customs and shall be kept clear of all mooring posts, bollards and rings, rails and tramways, and in such a manner as not to interfere with the free use of the wharf.

Time limit for goods on wharf

97. No goods shall be left on a wharf for a longer period than 4 hours without the permission of the Director of Marine and the Director may, at any time during or after the expiration of such period, cause any goods to be removed from such wharf to any place he may think proper, at the expense and risk of the owner of such goods.

Dangerous and inflammable goods

98.-(1) No person shall bring any dangerous or inflammable goods for shipment on to any wharf until the vessel about to take the same is prepared to receive them.

(2) No such goods shall be allowed to be stored on any wharf or approach thereto or in any building on such wharf.

(3) All such goods shall be removed from the wharf immediately after being deposited or landed thereon.

(4) When considering it necessary and expedient, the harbour master or the Director of Marine may exempt any goods from the provisions of this regulation.

(5) The provisions of this regulation shall not apply to any petroleum as fined in the Petroleum Act or any regulations made thereunder.

(Substituted by Regulations 2 July 1963.)

(Cap. 190.)

Cleansing of wharf

99. Before any vessel is removed from a wharf, the master of such vessel shall cause all dirt or rubbish to be thoroughly cleaned and removed from that portion of the said wharf opposite to the berth occupied by such vessel.

Use of landing steps, etc.

100-(1) No person shall make fast any boat or vessel to any steps or landing-place for passengers or so near thereto as to obstruct the approach of any other boat or vessel, or allow such boat or vessel to be longer alongside than required for embarking or landing passengers.

(2) All boats or vessels alongside any steps or landing-place shall give way to Government boats or vessels on duty, also to other boats or vessels with passengers as soon as their own passengers have been embarked or landed.

Vehicles, etc., on wharf

101.-(1) No person shall ride a horse or bicycle on a wharf, and no vehicle shall be taken on to a wharf without the permission of the harbour master or an officer of customs.

(2) When permission is given in any case, the person in charge of such vehicle shall comply with such directions as may be given by the harbour master or an officer of customs.

Landing and shipping of animals

102. No horses, cattle, sheep, or any other animal may be landed on or shipped from a wharf unless under proper control and subject to the approval of the harbour master, who shall fix the time and place at which they shall be landed or shipped.

Obedience to orders

103. All boatmen, stevedores, carters, porters and others on a wharf shall obey the orders of the harbour master or an officer of customs.

Smoking on wharf

104. No person shall smoke in or about any shed on a wharf or in proximity to any building or cargo on a wharf, or pass through or stand in any shed on any wharf with a lighted pipe, cigar or cigarette.

Responsibility for damage to wharf

105. The owner of a vessel mooring, unmooring or being alongside a wharf shall be responsible for any damage or injury caused by such vessel to the wharf or to any shed, light or other wharf property whatsoever, and all damage or injury caused by such vessel to any wharf, shed, fence, light or other Government property shall be made good by the owner of such vessel.

Use of fenders

106. All vessels lying or being alongside a wharf shall use fenders of such description and in such manner as the harbour master shall direct.

Storage in open sheds

107. The open sheds erected at the Southern part of the King's Wharf, Suva, and the open shed erected on the King's Wharf, Lautoka, may be used for the storage of goods for shipment or landed from a vessel free of charge for 24 hours, after which time a charge of 10 cents per ton or part of a ton per day or part of a day may be made on the goods remaining therein.

(Substituted by Regulations 13 October 1949.)

Landing of goods at steps, etc.

108. No person shall land or ship goods, except passengers' luggage of a probable nature portable nature, at or from any steps or landing-place for passengers.

Nuisance, etc.

109. No person shall commit a nuisance or behave in an unseemly manner, or loiter, expectorate, or cast rubbish on, under, or about a wharf or shed.

Defacing wharf, etc.

110. No person shall scribble upon, cut, scratch or otherwise deface any shed, waiting-room or any part of the structure of the wharf or any building, shed or machinery.

Placards

111. No person shall exhibit or place any placard, notice or advertisement on any portion of a wharf, shed, waiting-room or office without the permission of the Director of Marine.

Restriction on entering sheds, etc.

112. No person shall enter any shed or building on any wharf unless he or she has legitimate business therein, and no person shall remain in any shed or building or on any wharf after being directed by the harbour master or officer of customs to withdraw therefrom.

Children

113. No person having the care or custody of a child of tender years shall allow such child to go on any wharf unless accompanied by an adult.

Closing of wharf

114. The harbour master or an officer of customs shall have power to temporarily close a wharf or any portion of a wharf and no person shall enter upon any wharf or portion of a wharf so closed without the consent of the harbour master or an officer of customs.

Restriction on being on wharf

115. No person shall be on any wharf unless such person shall have legitimate business to warrant his or her presence thereon.

Sorting timber, etc.

116. No person shall sort any timber, or pack or repack any goods or screen any coal on any wharf, without the permission of the Director of Marine.

Dues to be paid before removal of goods

117. No person shall remove goods from any wharf, pier, jetty or landing place, without having previously paid the dues payable thereon or arranged with Director of Marine for the payment thereof.

Fuel, etc., not to be deposited

118. No person shall deposit any ballast, coal, coke, patent or other fuel on any wharf or in any shed thereon without the permission of the Director of Marine.

Refuse, etc.

119. No person shall land any rubbish, ashes or refuse on any wharf or other landing-place until vehicles are brought alongside to receive same.

Heating of pitch, etc., on wharf