Mauritius
Ports Act
Act 3 of 1998
- Commenced on 1 August 1998
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Ports Act.2. Interpretation
Part II – Constitution and functions of Authority
3. Establishment of Authority
4. Functions and duties of Authority
5. Port masterplan
6. The Board
7. Meetings of Board
8. Director-General
9. Delegation of powers
10. Port users' council
11. Powers of Minister
12. Annual reports
The Authority shall submit to the Minister an annual report of its activities together with its audited accounts within 6 months of the end of its financial year.13. Appointment of staff
The Board—14. Conditions of service of staff
The Board may make provision, in such form as it may determine, to govern the conditions of service of employees and, in particular, to deal with—15. Protection from liability
Part III – Financial provisions
16. Principles of financial management
17. Capital and borrowing
18. Investments
The Authority may, for the purposes of its business—19. ***
20. Rates, charges, dues and fees
21. Power of entry into vessels
22. Power to distrain
Part IV – General powers and duties
23. General powers
24. Licensing
25. Limits of ports
26. Land and buildings
27. Power to construct works
The Authority may lay down, maintain and operate in a port such works and equipment as are required for or in connection with any of its functions.28. Control of development
29. Power to allocate facilities for exclusive use
The Authority may allocate and set apart any part of a port for the exclusive use of any particular vessel or class of vessel or traffic.30. Protection of environment
Part V – Navigation and other business in ports
31. Powers of officers
32. Directions of Port Master
33. Clearance of vessels
34. Pilotage services
35. Licensing of pilots
Part VI – Handling, storage and distribution of goods in ports
36. Provision of cargo handling and port services
37. Suspension and revocation of contract or licence
38. Submission of information
Every licensed operator shall submit such information as the Authority may require.39. Power to remove goods
40. Power to dispose of goods
41. Bonded warehouses
Part VII – Liability of Authority and licensed operators
42. Liability for transhipment goods
43. Liability for goods other than transhipment goods
44. Exemption from liability
The Authority or its licensed operator shall not be liable for the loss or destruction of, or damage to, any goods arising from—45. Liability for vessel under pilotage
46. Liability in respect of dredging
47. Limitation of liability for damage to vessels
48. Limitation of liability in respect of one occasion
Notwithstanding any other enactment, the limitations of liability under this Part shall relate to the whole of any loss or damage which may arise on any one occasion, although the loss or damage may be sustained by more than one person.49. Saving
Nothing in this Part shall—Part VIII – Conservancy
50. Dredging
The Authority may from time to time deepen, dredge, scour, cleanse, alter and improve the foreshore and bed of the sea and blast any rock within the limits of a port and may use, appropriate or dispose of the material from time to time dredged by it.51. Power to raise and remove wrecks
52. Power to deal with idle vessels
53. Removal of obstructions other than vessels
54. Removal of vehicles and obstructions
55. Pollution of port
56. Protection of acts of Authority
Where any polluting substance is discharged in consequence of the exercise by the Authority of its powers under sections 51 to 54, the Authority or person employed by or acting on its behalf shall not be convicted of any offence under section 55, unless it is proved that they have failed to take reasonable preventive measures under the circumstances.57. Power to investigate discharge of pollutants
58. Power to detain vessels
59. Power to inspect International Oil Pollution Prevention Certificates
60. Power to deny entry to vessels
61. Provision of reception facilities
62. Provision of fire and emergency service
The Authority may provide such fire and emergency service as it deems necessary for the purpose of extinguishing fires and preserving or protecting life, property and the environment.63. Fire on board
64. Power of entry during an emergency
Part IX – Miscellaneous
65. Regulations
66. Damage to Authority's property
67. Power of arrest
A police officer may arrest a person found committing, or who he has reason to believe has committed, an offence against this Act or any subsidiary enactment made under it.68. Jurisdiction
The Intermediate Court shall have jurisdiction to try any offence under this Act or regulations made under the Act and may, notwithstanding section 113 of the Courts Act, impose any penalty provided by this Act or by any regulations made under the Act.69. ***
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History of this document
30 June 2017 this version
Consolidation
01 August 1998
Commenced