Ports Act

Port (Fees) Regulations 2008

[GN 199 of 2008 – 1 October 2008] [Section 65]

1. These regulations may be cited as the Port (Fees) Regulations 2008.

2. In these regulations –

"access pass" means a pass issued by the Authority under regulation 225 of the Ports (Operations and Safety) Regulations 2005;

"Act" means the Ports Act;

"Authority's quay" means any wharf, quay, jetty or buoy berth owned, operated, managed or controlled by the Authority;

"bulk cargo" –

(a) means cargo in loose or unpacked form which is loaded or discharged by means of a conveyor belt, pipeline, grab or other mechanical means;

(b) but does not include frozen fish;

"coasting vessel" means a locally registered vessel plying exclusively within the State of Mauritius;

"dangerous goods" has the same meaning as in the Port (Operations and Safety) Regulations 2005;

"GT" means gross tonnage;

"Operations and Commercial Manager" means the Operations and Commercial Manager of the Authority;

"port operator" means a person who is granted permission or a licence to operate stevedoring or cargo handling services within the port or port premises;

"service charges" means the charges specified in the Second Schedule;

"tonne" means –

(a) 1,000 kilogrammes; or

(b) one cubic metre;

"100 tonnes" or part thereof means the gross registered tonnage rounded to the nearest 25GT applying the proportionate charge.

[Reg. 2 amended by reg. 3 of GN 82 of 2009 w.e.f. 25 July 2008.]

3. (1) Subject to these regulations –

 (a) a vessel's agent shall, in respect of the vessel which puts in the port or outer port for the discharge and loading of cargo or for any other purpose, pay the appropriate fees specified in the First Schedule;

 (b) every person who –

  (i) hires equipment, harbour craft or a gangway from the Authority;

  (ii) operates a vessel within the port or outer port;

  (iii) is issued with an access pass;

  (iv) uses the services of the Port Emergency and Environment Unit of the Authority;

  (v) uses other services of the Authority,

shall pay the appropriate charges specified in the Second Schedule;

 (c) a vessel's agent shall, in respect of transhipment containers, general cargo and fish, pay the quay fees, provided that where transhipment cargo is re-shipped on a vessel, other than the vessel carrying the cargo to Port Louis, the quay fees shall be paid by the first carrier;

 (d) for the purpose of payment to the Authority, fees expressed in US dollars –

  (i) may be paid in US dollars; or

  (ii) if they are to be paid in Mauritian rupees, shall be converted into rupees at the exchange rate applicable for the levying of ad valorem duty under the Customs Tariff Act;

 (e) where during a vessel's stay in port, the rate of exchange changes, the rate prevailing at the date of entry of the vessel in the port shall be the rate appropriately chargeable.

(2) (a) Subject to subparagraph (b) and paragraph (3), no dockage or seamen's welfare fee shall be levied in respect of a vessel which puts in the outer port –

  (i) owing to stress of weather;

  (ii) for the purpose of discharging a sick, injured or dead seaman;

  (iii) for the purpose of change of crew; or

  (iv) for the purpose of repairs.

(b) The fee for port dues shall, where a vessel puts in the outer port for the purposes specified in subparagraphs (a)(ii) and (iii), be half the rate specified in the First Schedule, provided that, in cases of prolonged stay in the outer port, the Authority reserves the right to apply the normal rates.

(3) A vessel referred to in paragraph (2) shall not discharge any cargo unless –

 (a) the cargo is discharged to enable repairs to be effected to the vessel; and

 (b) the cargo is intended for re-shipment.

(4) Fees for pilotage, tug service (other than in respect of towage or assisting stranded vessels), and anchorage shall –

 (a) in respect of –

  (i) a vessel which calls for the sole purpose of taking bunkers, ship's stores or fresh water, and stays in port for not more than 24 hours; or

  (ii) a locally registered vessel other than a locally registered fishing vessel,

be at half the rates specified in the First Schedule;

 (b) in respect of a fishing vessel registered abroad, be three quarter of the rate specified in the First Schedule;

 (c) in respect of a locally registered fishing vessel, be at one quarter of the rate specified in the First Schedule.

(5) Subject to paragraph (4), a locally registered vessel shall be entitled to a rebate of 20 per cent of all the chargeable rates specified in the First Schedule except for the chargeable rates referred to in paragraph (4) and the composite charge for small fishing vessels.

(6) In calculating the fee which a vessel's agent is liable to pay under item 4 of the First Schedule, tug service shall be deemed to commence at the time a tug leaves its base and to end at the time it returns to base.

(7) The fees specified in item 2 of the First Schedule –

 (a) shall be levied in respect of a vessel remaining in port for more than 3 months, in addition to all the fees that may be applicable under the First Schedule; and

 (b) shall be paid by the vessel's agent in advance on the first day of the month provided –

  (i) the vessel has no cargo on board;

  (ii) the vessel is not used for storage purposes; and

  (iii) the articles of agreement with the crew of the vessel have been closed.

(8) No fee for dockage or removal of garbage shall be levied in respect of a vessel while it is in the dry dock.

(9) Fees for port dues, pilotage, tug service (other than in respect of towage or assisting stranded vessels), anchorage and seamen's welfare dues shall –

 (a) in respect of vessels in excess of 35,000 GT which call for the sole purpose of taking bunkers, have sliding scale charges applicable;

 (b) in respect of cruise ships and pure car carriers, be capped at 35,000 GT.

4. The Authority shall not provide tug assistance for mooring, unmooring, remooring, berthing or unberthing of a vessel unless the vessel is under pilotage.

5. (1) No person shall, unless he obtains the written permission of the Operations and Commercial Manager, make use of any mechanical handling equipment in the port premises for the landing, removal or loading of goods.

(2) The written permission obtained under paragraph (1) shall, on demand, be produced to any officer.

6. (1) Subject to paragraph (2), a vessel's tonnage shall, for the purpose of determining the vessel's fees payable under the First Schedule, be the gross tonnage specified in its certificate of registration or other national papers.

(2) Where a vessel has dual tonnage, the vessel's higher tonnage shall be its gross tonnage.

7. With respect to pilotage –

(a) a surcharge of 25 per cent shall be payable –

 (i) where a vessel is not ready to be moved 30 minutes after the notified time or 30 minutes after the pilot has boarded, whichever is later;

 (ii) where the request for the pilotage service is cancelled at any time within 60 minutes prior to the notified time and such service is scheduled within the following 8 hours; and

 (iii) where a request for a pilotage service is cancelled at any time after the pilot has boarded;

(b) a surcharge of 50 per cent shall be payable where the pilotage service was booked and cancelled without any subsequent rescheduling within the following 8 hours;

(c) the first application by a port user for cancellation and rescheduling of a service shall not be subject to any surcharge, if it is made more than 60 minutes prior to the notified time.

8. With respect to tug service –

(a) a surcharge of 25 per cent shall be payable –

 (i) where a request for tug service is booked and the vessel is not ready to be moved 30 minutes after the notified time or 30 minutes after the pilot has boarded, whichever is the later;

 (ii) where a request for tug service is cancelled at any time within 60 minutes prior to the notified time and the service is rescheduled within the following 8 hours; and

 (iii) where a request for tug service is cancelled at any time after the pilot has boarded;

(b) a surcharge of 50 per cent shall be payable where tug service is booked and cancelled without any subsequent rescheduling within the following 8 hours;

(c) the first application by a port user for cancellation and rescheduling of a service shall not be subject to any surcharge, if it is made more than 60 minutes prior to the notified time;

(d) subject to a minimum charge of US $ 1,920, tug service for assisting stranded vessels or for towage beyond the outer port shall be provided after prior agreement, or in case there is no agreement at the Authority's absolute discretion.

9. (1) Pilotage and tug service fees may be charged where a vessel is required to unberth to allow another vessel to berth for port convenience.

(2) The type and number of craft allocated for a pilotage or tug service shall be at the discretion of the Port Master, whose decision shall be final.

10. Anchorage fees shall be paid at the normal rate where loading and unloading operations cannot take place for reasons beyond the control of the Authority.

11. Notwithstanding the contents of a manifest, the Authority may calculate quay fees payable under the First Schedule by the weight of the cargo or by its volume, whichever is higher.

12. (1) Subject to the express permission of the Operations and Commercial Manager and to such conditions as the Operations and Commercial Manager may impose, no dunnage or ship's stores shall be loaded or discharged.

(2) Dunnage and ship's stores loaded or discharged under paragraph (1) shall be deemed to be cargo for these regulations.

13. (1) Subject to paragraph (2), a person who is liable to pay a fee under these regulations shall promptly pay the amount due.

(2) (a) The Authority may agree that payment of a fee due under these regulations shall be made –

  (i) within a delay which shall not exceed 21 days from the date of the claim in respect of the amount due in Mauritian rupees; or

  (ii) within a delay which shall not exceed 30 days from the date of the claim in respect of the amount in US dollars.

(b) The Authority may request a vessel's agent or other port user to make a cash deposit before any service is rendered.

(c) Where there is any shortfall in the cash deposit, a vessel's agent or other port user shall immediately make good this shortfall to the satisfaction of the Authority.

(d) The Authority may request a vessel's agent or other port user to submit a bank guarantee for an amount to be determined by the Authority for the provision of credit facilities.

(3) Where a person fails to pay a fee for which he is liable within the specified period, the Authority may –

 (a) levy a surcharge of 10 per cent of the amount which that person is liable to pay; and

 (b) without prejudice to the right of the Authority to recover the amount due, suspend or refuse further services to that person or to a vessel belonging to that person.

(4) Notwithstanding any other enactment, a person who is liable to pay a fee specified in items 2 and 3 of the Second Schedule shall –

 (a) pay the fee in advance on 1 January and 1 July in every year; and

 (b) where he fails to pay the fee within one week from the date due for payment, pay a surcharge of 50 per cent of the amount which he is liable to pay.

14. (1) Where there is no provision for any fee in respect of any facilities or services, a quotation may, on application, be obtained from the Authority.

(2) Where it is not possible or practical to make a quotation in an emergency, the Authority may render the service and charge the fees subsequently.

15. (1) Transhipment rates shall apply to –

 (a) transhipment goods;

 (b) goods other than fish landed from a vessel and re-exported within 28 days of the date of completion of discharge of the vessel, provided that these goods have not left the port area;

 (c) fish landed from a vessel and re-exported within 90 days of the date of completion of discharge of the vessel, provided that these goods have been re-exported in their original form and have always been under certified Customs control;

 (d) specific consignments with the approval of the Board.

(2) Application for transhipment rates shall be submitted in writing to the Authority before or at the time the goods or containers are placed in the custody of any port operator.

(3) Where transhipment containers or general cargo have not been re-shipped within 28 days of the date of completion of discharge of the vessel –

 (a) the Authority shall collect from the shipping agent all charges outstanding on the consignment as at the twenty-eighth day and such cargo or container shall be treated as if it were ordinary import cargo or container; and

 (b) the charges referred in subparagraph (a) shall be computed at the normal rates and not at the transhipment rates specified in the First Schedule.

16. The Authority may –

(a) in special circumstances and for the purposes of improving the efficiency of its operations or removing congestion in the port and port premises, increase any fees or charges specified in the First or Second Schedule by an amount not exceeding 50 per cent; and

(b) reduce, waive or refund any fees or charges whenever there are good reasons justifying such reduction, waiver or refund.

17. - 18. 

_______________

FIRST SCHEDULE

[Regulations 3, 6, 11, 15 and 16]

FEES

1. PORT DUES
ItemServicesUSD
($)
1.1

Every vessel entering the outer port per entry unless specified below

4.50

per 100 GT or part thereof

1.2

Minimum charges
(1) Vessels loading or discharging cargo or fare paying passengers


45.00

(2) Empty vessels

22.50

(3) Recreational vessels (yachts and pleasure craft)

(a) Vessels less or equal to 25 tonnes

30.00

(b) Vessels greater than 25 tonnes

60.00

1.3Transhipment vessels calling Port Louis, per call
(1) 30 per cent discount if unloaded between 100 and up to 150 TEUs of transhipment

(2) 40 per cent discount if unloaded in excess of 150 TEUs of transhipment

Applicable during cyclonic periods only, for foreign vessels sheltering in the port (no anchorage will be charged during this period for sheltering vessels)
1.4

Vessels not exceeding 10 tonnes, per day

300.00

1.5

Vessels exceeding 10 tonnes but not exceeding 50 tonnes, per day

500.00

1.6

Vessels exceeding 50 tonnes but not exceeding 100 tonnes, per day

800.00

1.7

Vessels exceeding 100 tonnes but not exceeding 2,000 tonnes, per day

1,200.00

1.8

Vessels exceeding 2,000 tonnes, per day

2,400.00

1.9

Charges for fully cellular container ships shall be paid according to the following scale

(1)First 35,000 gross tonnes

4.50

per 100 GT or part thereof

(2)Next 15,000 gross tonnes

2.25

(3)All gross tonnes thereafter

1.60

2. PROLONGED HARBOUR DUES

ItemServices USD
($)
2.1

Vessels remaining in port beyond 3 monthsper month or part thereof

5.00

per 100 GT or part thereof

2.2Minimum charges (per entry)

(1)Commercial vessels

50.00

(2)Yachts and pleasure craft

50.00

3. PILOTAGE

ItemServices USD
($)

Vessels entering, berthing, unberthing or leaving the port or outer port of Port Louis

3.1

Per pilotage service inwards or outwards

3.00

per 100 GT or part thereof
3.2

Per pilotage service from sea to outer port only

3.00

3.3

For moving a vessel from one berth to another or to re-berth at the same berth

3.00

3.4Minimum fee for a service or movement –

(1) Vessels, other than empty vessels

30.00

(2) Empty vessels

15.00

3.5Charges for fully cellular container ships shall be paid according to the following scale per pilotage service inwards or outwards
(1) First 35,000 gross tonnes3.00
(2) Next 15,000 gross tonnes1.50

(3) All gross tonnes thereafter

1.05

per 100 GT or part thereof
4. TUG SERVICE
ItemServices USD
($)

For tug assisting vessels (other than fishing vessels) for berthing, unberthing or moving from berth to berth or for anchoring

4.1

Per occasion

13.75

per 100 GT or part thereof

4.2

Minimum charge per occasion

960.00

4.3Minimum charge for

(1) Empty vessels

480.00

(2) Vessels, other than locally registered vessels, not exceeding 6,000 GT per occasion

1,480.00

For assistance by tugs assisting fishing vessels for berthing, unberthing, or moving from berth to berth or for anchoring
4.4

Per occasion

13.75

per 100 GT or part thereof

4.5

Minimum charge per occasion

340.00

4.6

For towage of vessels without own power within the limits of the port or outer port (per tug used per hour or part thereof)

45.00

per 100 GT or part thereof

4.7

For assisting stranded vessels within the limits of the port or outer (per day or part thereof)

1,080.00

per 100 GT or part thereof

4.8

For standing by as a safety measure when dangerous goods are being loaded or unloaded (per tug per hour or part thereof)

30.00

per 100 GT or part thereof

4.9

Charges for fully cellular container ships shall be paid according to the following scale per occasion

(1) First 35,000 gross tonnes

13.75

per 100 GT or part thereof

(2) Next 15,000 gross tonnes

6.90

(3) All gross tonnes thereafter

4.80

Transhipment

4.10

30 % discount for vessels calling at Port Louis to unload between 100 and up to 150 TEUs of transhipment cargo, per call

40 % discount for vessels calling at Port Louis to unload more than 150 TEUs of transhipment cargo, per call

Additional discounts may be considered for large transhipment exchanges

In addition to the above discounts, guaranteed berthing priority may be considered

Assisting grounded vessels, per tug, per hour
4.11

Vessels less than 200 tonnes

400.00

4.12

Vessels greater than 200 tonnes but not exceeding 2,000 tonnes

2,000.00

4.13

Vessels greater than 2,000 tonnes

8,000.00

5. ANCHORAGE
ItemServicesUSD
($)
5.1Vessel other than a local fishing vessel anchoring, mooring or berthed at an alongside berth unless otherwise specified

(1) Per day or part thereof for first 6 days (one day is based on a 24 hour basis)

5.00

per 100 GT or part thereof

(2) Local fishing vessel per day or part thereof for first 6 days

4.50

(3) Minimum charge

(a) Vessels, other than empty vessels

50.00

(b) Empty vessels

25.00

(4) Yachts and pleasure craft

(a) Vessels less or equal to 25 tonnes

120.00

(b) Vessels greater than 25 tonnes

240.00

Where the port cannot provide a berth to liner vessels (cargo/container) 24 hours after the arrival time, anchorage would not be charged for periods of 24 hours following the expiry of the first 24 hours

5.2

(1) For vessel other than a local fishing vessel after the 6th day, per day or part thereof

6.00

per 100 GT or part thereof

(2) For local fishing vessel after the 6th day, per day or part thereof

5.50

per 100 GT or part thereof

5.3

Charges for fully cellular container ships shall be paid according to the following scale, per day or part thereof for first 6 days

(1) First 35,000 gross tonnes

5.00

per 100 GT or part thereof

(2) Next 15,000 gross tonnes

2.50

(3) All gross tonnes thereafter

1.75

After the 6th day, per day or part thereof

First 35,000 gross tonnes

6.00

per 100 GT or part thereof

Next 15,000 gross tonnes

3.00

All gross tonnes thereafter

2.10

6. DOCKAGE
ItemServices USD
($)
A vessel, including fishing vessel berthed at the fish port does not leave her berth 2 hours after having completed loading and unloading operations
6.1

(1) Per day or part thereof

7.50

per 100 GT or part thereof

(2) Minimum charge

75.00

6.2Per vessel berthed alongside an Authority's quay, not for loading and discharging cargo except passenger vessels

(1) Per day or part thereof

7.50

per 100 GT or part thereof

(2) Minimum charge

75.00

7. QUAY FEES
7.1

Cargo other than transhipment cargo passing over the Authority's quay for discharge/loading or loaded/discharged over side a vessel berthed at an Authority's quay

Item

Non-containerised cargo

USD
($)
7.1.1

General cargo, per tonne or part thereof

2.44

7.1.2

Rice, per tonne or part thereof

2.08

7.1.3

Cattle, sheep, goats, pigs and other livestock per head

1.00

7.1.4

Personal effects, sundry packages, including crates of fowls or other cargo per tonne or part thereof


1.00

7.1.5

Fresh, salted and frozen fish per GT

1.83

Item

Containerised cargo

USD
($)
7.1.6

Full containers

50.00

1 TEU or less

100.00

More than 1 TEU

7.1.7

Empty containers

19.00

1 TEU or less

38.00

More than 1 TEU

7.1.8

Repositioning of containers from bay to bay on board vessels and via quay

12.00

1 TEU or less

24.00

More than 1 TEU

7.2 Pipeline dues
ItemServicesUSD
($)
7.2.1

Per tonne of bulk cargo or part thereof pumped through pipelines with the exception of bunkers


1.48

7.2.2

Bunkers

1.15

7.3 Dry bulk cargo quayage
ItemServicesUSD
($)
7.3.1

Coal, maize, fertiliser, soya

1.00

per tonne or part thereof

7.3.2

Sugar (through Bulk Sugar Terminal)

1.10

7.3.3

Wheat

1.15

7.4 Freeport
ItemContainerised cargoUSD
($)
7.4.1

Full containers

27.00

1 TEU or less

54.00

More than 1 TEU

7.4.2

Empty containers

11.00

1 TEU or less

22.00

More than 1 TEU

ItemNon-containerised cargoUSD
($)
7.4.3

General cargo (breakbulk or palletised per tonne or part thereof)

2.00
7.5 Transhipment
ItemServices (containerised)USD
($)
7.5.1

Full containers

27.00

1 TEU or less

54.00

More than 1 TEU

7.5.2

Empty containers

11.00

1 TEU or less

22.00

More than 1 TEU

ItemServices (non-containerised)USD
($)
7.5.3

General cargo (breakbulk or palletised)

2.00

per tonne or part thereof

7.5.4

Bulk cargo

2.00

per tonne or part thereof

7.5.5

Frozen transhipment fish

3.50

per tonne or part thereof

7.5.6

Vehicles

1.00

per tonne or part thereof

8. REMOVAL OF GARBAGE
ItemServicesUSD
($)
8.1

Per vessel of 500 GT or less

5.00

per occasion

8.2

Per vessel between 500 GT and 2,000 GT

9.00

per occasion

8.3

Per vessel of more than 2,000 GT

20.00

per occasion

9. SEAMEN'S WELFARE DUES
9.1

Vessels entering the outer port Per locally registered vessel per entry

0.70

per 100 GT or part thereof

9.2

Per vessel not registered locally per entry

1.00

per 100 GT or part thereof

9.3Minimum charge

(1) Vessels, other than empty vessels

10.00

(2) Empty vessels

5.00

9.4Charges for fully cellular container ships shall be paid according to the following scale per entry

(1) First 35,000 gross tonnes

0.70

per 100 GT or part thereof

(2) Next 15,000 gross tonnes

0.35

(3) All gross tonnes thereafter

0.25

10. COMPOSITE CHARGE FOR SMALL FISHING VESSELS
ItemServices(Rs)
10.1Per vessel per call –

(1) up to 25 GT

3,000.00

(2) above 25 GT

5,000.00

_______________

SECOND SCHEDULE

[Regulations 3, 13 and 16]

CHARGES

1. HIRE OF HARBOUR CRAFT, MOBILE CONTAINER HANDLING CRANE and GANGWAY

ItemServices(Rs)

1.1

Within port limitsLaunch for purposes other than towing

335

per hour or part thereof

1,500

minimum charge

1.2

Tug not exceeding 500 HP for purposes other than assisting vessel for berthing, unberthing or mooring

1,900

per hour or part thereof

4,500

minimum charge

1.3

Tug exceeding 500 HP for purposes other than assisting vessel for berthing, unberthing or mooring

3,000

per hour or part thereof

9,000

minimum charge

1.4

Mooring lighter, excluding tug

330

per hour or part thereof

1,340

minimum charge

1.5

Diver and diving boat

380

per hour or part thereof

1,500

minimum charge

1.6

Diving boat with 2 divers

450

per hour or part thereof

1,800

minimum charge

1.7

Barge/reclamation barge, excluding tug

390

per hour or part thereof

3,100

minimum charge

1.8

Mud boat, excluding tug and other floating craft

390

per hour or part thereof

3,100

minimum charge

1.9

Landing pontoon, excluding tug

500

per hour or part thereof

5,300

minimum charge

1.10

Where a tug is supplied for towing a launch, lighter or mud boat, the following tug hire charge is also payable

(1) Tug not exceeding 500 HP

1,900

per hour or part thereof

7,900

minimum charge

(2) Tug exceeding 500 HP

3,000

per hour or part thereof

12,000

minimum charge
1.11

Gangway, excluding mobile crane, per day or part thereof

150

per hour or part thereof

450

minimum charge
1.12

Mobile container handling crane

8,000

per hour or part thereof

1.13

The rates are double when services are rendered between 1800 hr. and 0700 hr. from Monday – Saturday. For Sunday and Public Holiday rates applicable will be double.Above does not apply to Item 1.12

15,000

minimum charge

2. BOAT LICENCE

ItemServices(Rs)
2.1

Per plying boat propelled by oars or sails

100

for every 6 months or part thereof

2.2

Per plying boat propelled by engine

150

for every 6 months or part thereof

2.3

Per boatman's licence, including barge

100

for every 6 months or part thereof

2.4

Replacement of original barge

50

for every 6 months or part thereof

2.5

Transfer of licence to another owner

200

for every 6 months or part thereof

2.6

Per vessel, other than a plying boat, plying in the port, whether for hire or not, per tonne or part thereof

100

for every 6 months or part thereof

3. OPERATING LICENCE

ItemServices(Rs)
3.1

Shipchandlers, clearing and forwarding agents

3,000

per year

3.2

Shipping agents

15,000

per year

3.3

Fishing companies

7,500

per year

3.4

Handling of bulk cargo

15,000

per year

3.5

Miscellaneous

3,000

per year

4. ACCESS PASS

ItemServices(Rs)
4.1

Individual access pass, including vehicle up to 3 tonnes gross weight to port area

10

per day

4.2

Individual access pass, including vehicle up to 3 tonnes gross weight to port area

25

per week

4.3

Individual access pass, including vehicle up to 3 tonnes gross weight to port area

50

per month

4.4

Individual access pass, including vehicle up to 3 tonnes gross weight to port area

200

per year

4.5

Vehicle pass for vehicles of over 3 tonnes gross weight

500

per year

5. PASSENGER DUES

To be paid by all vessels carrying passengers, apart from those providing scheduled local services within the State of Mauritius. The amount chargeable is to be based on the maximum number of passengers on board the ship at any time during its stay in port.

ItemServiceUSD
($)
5.1

Per Passenger

5


6. FIRE FIGHTING SERVICES

Item

Services

(Rs)

6.1Standby charges (for loading/unloading white oil, LP Gas or other purpose)

800

per hour or part thereof
6.2Supply of water

400

per hour or part thereof

7. OTHER SERVICES

Item

Services hire of chains/fenders

(Rs)

7.1One chain or wire or wire with nylon tail/day or part thereof

500

7.2Yokohama fender/day or part thereof

1,000

7.3Boat survey fees

1,500

[Second Sch. amended by reg. 4 of GN 82 of 2009 w.e.f. 25 July 2008.]

_______________

Ports (Issue of Licences) Regulations 1981

[GN 119 of 1981 – 6 June 1981] [Section 65]

1. These regulations may be cited as the Ports (Issue of Licences) Regulations 1981.

2. (1) No person shall conduct any business relating to the supply or handling of cargo, goods, bunkers, water, equipment, labour or other services within the limits of a port, the outer port or the port premises unless he holds a licence issued under these regulations.

(2) A separate licence shall be required for each business activity or operation.

3. Any person who wishes to obtain a licence shall –

 (a) make a written application to that effect to the Authority;

 (b) furnish the Authority with such information as it may require.

4. (1) The Authority may, subject to such conditions as it may determine and on payment of a fee of 20 rupees per month or part thereof, issue a licence.

(2) Any licence issued under paragraph (1) may be issued or renewed for a period not exceeding 12 months.

[Reg. 4 revoked and replaced by reg. 3 of GN 70 of 1983 w.e.f. 1 July 1983.]

5. 

6. Where the licensee contravenes any of the conditions attached to his licence, the Authority may revoke the licence.

7. (1) A licensee may levy fees and charges in respect of services rendered or goods supplied.

(2) Any fees or charges levied under paragraph (1) shall be subject to the approval of the Authority.

(3) Where a licensee is dissatisfied with the decision of the Authority to withhold its approval under paragraph (2), the licensee may, within 15 days of the notification of the decision, appeal to the Minister.

8. (1) A licensee shall, within 30 days of the submission of the bill, pay all fees and charges, other than the licence fee specified under regulation 4.

(2) Where a licensee contravenes paragraph (1), the Authority may revoke his licence.

_______________

Ports (Operations and Safety) Regulations 2005

[GN 52 of 2005 – 1 April 2005] [Section 65]

PART I – PRELIMINARY

1. Short title

These regulations may be cited as the Ports (Operations and Safety) Regulations 2005.

PART II – INTERPRETATION AND APPLICATION

2. Interpretation

(1) In these regulations –

"Act" means the Ports Act;

"access to" includes egress from;

"agent" means licensed ship's agent;

"approved surveyor" means an inspector or a surveyor designated –

 (a) under the Merchant Shipping Act; or

 (b) by a recognised Classification Society,

to act as surveyor of vessels or goods;

"berth" –

 (a) means any dock, pier, jetty, quay, wharf, marine terminal or similar structure, whether floating or not, at which a ship may tie up; and

 (b) includes any plant or premises, other than a ship, used for purposes ancillary or incidental to the loading or unloading of dangerous cargoes;

 "berth operator" means any person or body of persons who is responsible for the day to day control of the operation of a berth;

 "bulk" means cargoes which are intended to be carried without any intermediate form of containment in a cargo space, which is a structural part of a ship, or in a tank permanently fixed in or on a ship;

 "cargo" means any goods, wares, merchandise and articles of any kind carried on a ship, other than mail, ship's equipment, crew's effects and passenger's accompanied baggage;

 "cargo deck" means the deck of a vessel on which openings to tanks are situated;

 "cargo interests" means a shipper, carrier, forwarder, consolidator, packing centre or any person, company or entity involved in the identification, containment, packaging, packing, securing, marking, labelling, placarding or documentation as appropriate, of a dangerous cargo for receipt by a port and transport by sea and having control over the cargo at any time;

 "certificate of fitness" means a certificate issued by or on behalf of an administrative authority or under any relevant Code for the construction and equipment of a type of ship certifying that the construction and equipment of the ship are such that certain specified dangerous cargoes may be carried in that ship;

"certified chemist" means a person who –

 (a) holds a minimum of a Bachelor of Science degree (BSc) in Chemistry;

 (b) has not less than 2 years laboratory experience; and

 (c) has undergone specialised training in the testing of atmosphere in ships as approved by the Ministry responsible for the subject of shipping;

 "Classification Society" has the same meaning as in the Merchant Shipping Act;

 "Collision Regulations" means the Collision Regulations 1972 established by the International Maritime Organisation and the Merchant Shipping Distress Signals and Prevention of Collisions Regulations 1993;

 "competent person" means any person qualified and authorised in writing by the Authority to carry out tests and examination referred to in Part VII;

 "craft" means any vessel not exceeding 12 metres in overall length and includes launches, tugs, lighters, barges or plying boats operating within the port or outer port;

 "Customs" means the Customs and Excise Department;

 "cyclone class I" means a warning issued by the Mauritius Meteorological Services 36 to 48 hours before Mauritius or Rodrigues is likely to be affected by gusts reaching 120 kilometres per hour;

"dangerous cargoes" –

 (a) means any of the following cargoes, whether packaged, carried in bulk packaging or in bulk –

  (i) oils referred to in Annex I of MARPOL 73/78;

  (ii) gases covered by the Codes for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

  (iii) noxious liquid substances or chemicals, including wastes covered by the Codes for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and Annex II of MARPOL 73/78;

  (iv) dangerous, hazardous and harmful substances, materials and articles, including environmentally hazardous substances and wastes, marine pollutants covered by the International Maritime Dangerous Goods Code;

  (v) solid bulk materials possessing chemical hazards and solid bulk materials hazardous only in bulk, including wastes covered by Schedule B of the Code of Safe Practice for Solid Bulk Cargoes; and

 (b) includes any empty packaging which previously contained dangerous cargoes, unless the packaging has been sufficiently cleaned of residue of the dangerous cargoes and purged of vapours so as to nullify any hazard or has been filled with a non-dangerous substance;

 "dangerous goods" –

 (a) means –

  (i) any goods classified as such in section 142(a) of the Merchant Shipping Act and any goods that may be classified as dangerous by the IMDG Code, as amended from time to time;

  (ii) any goods which the Minister may, by regulations, add to the list of goods in subparagraph (i);

  (iii) any goods not listed in subparagraph (i) or (ii) which the Authority may consider temporarily as dangerous goods, given the circumstances; and

 (b) includes any receptacle which has been used for the carriage of dangerous goods unless it has been rendered safe;

 "diving operations" means commercial diving operations;

 "document of compliance" means a document issued by or on behalf of an Administrative Authority or specially authorised Classification Society in a State to ships carrying dangerous goods in packaged form or in solid form in bulk under SOLAS chapter II – Regulation 2/54;

 "emergency" means any happening which threatens or is likely to threaten life, property or the environment;

 "explosive" has the same meaning as in the Explosives Act;

 "flammable liquid" means a liquid or a mixture of liquids containing solids in solution or suspension (except substances otherwise classified on account of their dangerous characteristics) having a flash point not exceeding 61 degrees Celcius and Reid vapour pressure not exceeding 100 kPa absolute at 38 degrees Celcius;

 "flammable liquid in bulk" means any flammable liquid conveyed otherwise than in a container;

 "flash point" means the lowest temperature of a liquid at which its vapour forms an ignitable mixture with air at 100 kPa under the close-up conditions of testing;

 "flexible pipe" means a flexible hose and its end fittings, which may include means of sealing the ends, used for the purpose of transferring dangerous cargoes;

 "fly jib" means an accessory to a jib to form an extended jib;

 "foreign port" means any place in a State, other than Mauritius, to which ships may have access;

 "gas-free certificate" means a certificate given by a certified chemist, in respect of any tank, pipeline, compartment or space, or other part of a ship which has been carrying oil or flammable liquid or cargo, certifying that he has carried out a test in an adequate and suitable manner, and that the residues, in the judgment of the certified chemist, are not capable of producing dangerous gases under atmospheric conditions or in the presence of fire;

 "general declaration" means a general declaration issued under regulation 15;

 "goods" means all articles and merchandise of every description and includes fish, livestock, animals, waste and solid ballast;

 "handling" –

 (a) means the operation of –

  (i) loading or unloading of a ship, vehicle, freight container or other means of transport;

  (ii) transfer to, from or within a warehouse or terminal area or within a ship; or

  (iii) transhipment between ships or other modes of transport; and

 (b) includes intermediate keeping namely the temporary storage of dangerous cargoes in the port area during their transport from the point of origin to their destination for the purpose of changing the modes or means of transport;

 "hatch" means a ship's hatch;

 "hatch covering" includes hatch covers, beams and attached fixtures and fittings;

 "health officer" has the same meaning as in the Quarantine Act;

 "hot work" means the use of open fires and flames, power tools or hot rivets, grinding, soldering, burning, cutting, welding or any other repair work involving heat or creating sparks which may lead to a hazard;

 "hovercraft" means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;

 "IMDG Code" means the International Maritime Dangerous Goods Code, applicable in Mauritius pursuant to the International Convention for the Safety of Life at Sea (SOLAS) 1974;

 "International Code of Signals" means the International Code of Signals as established by the International Maritime Organisation;

 "ISPS Code" means the International Ship and Port Facility Security Code 2003 as established by the International Maritime Organisation;

 "jet craft" means any watercraft (not normally used in navigation and not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of propulsion and steered –

 (a) by means of a handlebar operated linkage system (with or without a rudder at the stern);

 (b) by the person or persons riding the craft using his or their body weight for the purpose; or

 (c) by a combination of the methods referred to respectively in subparagraphs (a) and (b);

 "licensed operator" means a body appointed and authorised in writing by the Authority;

 "lifting appliance" means –

 (a) any stationary or mobile equipment which is used in port premises for the purposes of suspending, raising, or lowering loads or moving them from one position to another whilst suspended and includes a lift truck; but

 (b) does not include –

  (i) a pipe, roadway or gangway;

  (ii) a screw, belt, bucket or other conveyor; or

  (iii) any pilot hoist;

 "lifting arm" means any articulated hard pipe system and its associated equipment, which may include quick release couplings, emergency release systems or hydraulic power back, used for the purpose of transferring dangerous cargoes;

 "lifting gear" means –

 (a) any gear by means of which a load can be attached to a lifting appliance and which does not form an integral part of that appliance or load; but

 (b) does not include pallets, one-trip slings, pre-slung cargo slings and freight containers;

 "lifting plant" means any lifting appliance or lifting gear;

 "loading arm" has the same meaning as "lifting arm"

 "locked jib" means a part of the crane extended from the jib to form an extended jib;

 "London Convention on Facilitation of 1995" means the London Convention on Facilitation of International Maritime Traffic(FAL) 1965 established by the International Maritime Organisation;

 "loss or damage" means injury, loss or damage whether physical or pecuniary and whether direct or consequential and includes loss of life, injury to persons, loss, damage or expense consisting of or caused by delay or otherwise arising without physical loss or damage to property and loss, damage or expense consisting of or caused by liability of any kind of third parties, including an employee or agent of the Authority;

 "LPG Operator" means the operator licensed by the Authority to receive, discharge, store or otherwise handle liquefied petroleum gas;

 "maintained" means maintained in an efficient state, in efficient working order and in good repair;

 "MARPOL" means the International Convention for the Prevention of Pollution from Ships 73/78;

 "master" when used in relation to any vessel means any person other than a pilot, having the command, charge or management of the vessel for the time being;

 "one-trip sling" means a sling which has not previously been used for lifting any other load and is fitted to the load at the commencement of the journey and intended to be disposed of at the destination of that journey;

 "Operations and Commercial Manager" means the Operations and Commercial Manager or any officer duly appointed by the Authority to act as such or any person having authority so to act;

 "outer port" means the area specified as such in the Schedule to the Ports Act;

 "packing" means the packing, loading or filling of dangerous cargoes into receptacles, intermediate bulk containers, freight containers, tank containers, portable tanks, bulk packaging, vehicles, shipborne barges or other cargo transport units;

 "passenger" means a person other than –

 (a) the master and a member of the crew or other persons employed or engaged in any capacity on board a ship or on the business of the ship; and

 (b) a child under the age of one year.

 "petroleum" includes liquefied petroleum gas, kerosene, petrol, gasoline, benzol naphtha, diesel and any like flammable liquid, whether a natural product or one that is made from petroleum, coal, schist, shale or any other bituminous substances or from any product thereof;

 "pipeline" means all pipes, connections, valves and other ancillary plant, apparatus and appliances in a port provided or used for or in connection with the handling of dangerous cargoes, but does not include a flexible pipe, loading arm or any part of a ship's pipes, apparatus or equipment other than the termination of those parts of the ship's pipes apparatus or equipment to which flexible pipe is connected;

 "pleasure craft" means a vessel, operated solely for the purpose of recreational or sporting activities and not for hire or reward;

 "Port Notice" means a Notice issued under regulation 14(2);

 "port operations" –

 (a) means –

  (i) the loading or unloading and movement of goods on, from or to a ship in port premises;

  (ii) the embarking or disembarking of passengers on or from a ship in port premises;

  (iii) any activity incidental to the activities in paragraphs (a) and (b) of this definition which takes place in port premises, including any of the following activities specified in this definition if they are so incidental and take place in port premises –

(A) the fuelling and provisioning of a ship;

(B) the mooring of a ship;

(C) the storing, sorting, inspecting, checking, weighing or handling of goods;

(D) the movement of goods, passengers or vehicles;

(E) the use of welfare amenities in relation to the carrying out of activities referred to in sub subparagraph (i) or (ii);

(F) attending port premises for the purposes of the activities referred to in subparagraphs (a)(i) and (ii) and subparagraphs (a)(iii)(A) to (E) above; and

  (iv) the embarking and disembarking on or from a ship of its crew in port premises;

 (b) does not include –

  (i) the loading and unloading of goods, or embarking or disembarking of persons from a pleasure craft or any activity incidental to those activities; and

  (ii) operations wholly carried out by serving members of the National Coast Guard or Mauritius Police Force or visiting forces;

 "port operator" means a person who holds a licence under the Ports Act;

 "port premises" means any land, landing place, buildings, sheds, quays, wharves, waters and places vested in the Authority or under its control;

 "port stakeholder" includes –

 (a) the Authority;

 (b) the Customs and Excise Department;

 (c) a licensed operator;

 (d) the owner, agent, master and crew of every vessel;

 (e) every employer, employee or self-employed person engaged in port operations;

 "quays" means any quay, wharf, jetty, dolphin, landing stage or other structure used for berthing or mooring vessels, and includes any pier, bridge, roadway or footway immediately adjacent and affording access thereto;

 "safe working load" in relation to a lifting plant means –

 (a) the safe working load for that plant specified in the latest certificate or report of examination; or

 (b) the safe working load specified by the manufacturer of the plant in any written information supplied with the plant;

 "sail board" means a raft with a sail or sails designed to be operated by a person or persons standing upright thereon;

 "ship" includes all vessels and hovercraft which operate on water or land and also includes any ship registered under the Merchant Shipping Act;

 "shipowner" means the owner of the vessel or the charterer thereof or the persons otherwise in possession or control of the vessel;

 "ship stores" means materials which are on board a ship for the upkeep, maintenance, safety, operation or navigation of the ship (except for fuel and compressed air used for the ship's primary propulsion machinery or for fixed auxiliary equipment) or for the safety or comfort of the ships' passenger or crew;

 "skilled person" means any person having the current knowledge, experience and competence to perform a certain duty;

 "small vessel" means any vessel of more than 12 metres but not exceeding 20 metres in length or a sailing vessel and for the purposes of this definition "sailing vessel" means a vessel designed to carry sail, whether as the sole or as a primary or supplementary means of propulsion;

 "stowage" means the positioning of packages, intermediate bulk containers, freight containers, tank containers, portable tanks, bulk packagings, vehicles, shipborne barges, other cargo transport units and bulk cargoes on board ships, in warehouses, sheds and other areas;

 "tanker" means a cargo ship constructed or adapted for the carriage of liquid bulk cargo, including oil, chemicals, gas and molasses;

 "towage" means any operation in connection with holding, pushing, pulling, moving or attending any vessel for that purpose by one or more other vessels and includes pushing of vessel during towage operations;

 "under way" in relation to a vessel means a vessel which is not –

 (a) at anchor;

 (b) moored or berthed alongside a berth or jetty;

 (c) made fast to the shore or quay; and

 (d) aground;

 "unstable substance" means a substance which, by nature of its chemical make-up, tends to polymerize or otherwise react in a dangerous manner under certain conditions of temperature or in contact with a catalyst, even if this, tendency is mitigated by special transport conditions or adequate amounts of chemical inhibitors or stabilizers;

 "vapour pressure" means vapour pressure at 38 degrees Celsius as determined by the Reid method;

 "weather deck" means a deck exposed to the weather, including the cargo deck, bridge, forecastle and upper decks;

 "welfare amenities" means –

 (a) sanitary conveniences;

 (b) baths and shower baths;

 (c) washing facilities, including wash basins, running water and soap and clean towels or other suitable means of cleaning and drying;

 (d) a supply of wholesome drinking water;

 (e) a supply of protective clothing, i.e. to say, clothing suitable for the protection of the wearer in refrigerated spaces or against dirt from handling dirty goods or against inclement weather;

 (f) accommodation and facilities for changing into work clothing during working hours and for storing clothing so worn;

 (g) canteens or accommodation and facilities, including facilities for heating food and boiling water, for workers employed at port premises to take their meals provided either by themselves or by such canteen facilities as may be provided;

 (h) shelters for use during inclement weather.

(2) Any word or expression not included in paragraph (1) shall have such meaning as may have been assigned to it in the General Definitions of the International Regulations for Prevention Collision at Sea 1972, Rule 3, Definitions, as acceded to by the Republic of Mauritius on 26 November 1988.

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