Short title and commencement
(1) This Act may be cited as the Bintulu Port Authority Act 1981 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint and he may appoint different dates for the coming into force of different provisions.
(2) Notwithstanding subsection (1), section 92 shall be deemed to have come into force on 16 August 1981.
(3) Any act or thing done or any money collected, expended or invested by the Authority before the commencement of this Act that
would have been lawful if the provisions of this Act had been in force at the time when it was done is hereby validated and declared to have been lawfully done or collected, expended or invested by it.
Interpretation
In this Act, unless the context otherwise requires— “Authority” means the Bintulu Port Authority established under section 3; “Authority pilot” means a pilot employed by the Authority under section 55; “Chairman” means the Chairman of the Authority appointed under paragraph 4(1)(a); “charges” includes tolls, dues, rents and other rates leviable under this Act or any rules or by-laws made thereunder; “docks” includes basins, locks, cuts, entrances, graving-docks, keelblocks, inclined-planes, slipways, gridirons, quays, warehouses and other works and things appertaining to docks; “General Manager” means the General Manager of the Port appointed under section 21; “goods” includes livestock, minerals, wares, gases of every form and merchandise of every description; “Government” and “Federal Government” mean the Government of Malaysia; “land” includes the bed of the sea below high-water mark; “licensed operator” means a licensed operator licensed under Part III of the Ports (Privatization) Act 1990 [Act 422]; “licensed warehouse” means a warehouse or other place licensed for the warehousing of dutiable goods under section 65 of the Customs Act 1967 [Act 235];
“master” includes every person, except a pilot, having for the time being the command or charge of any vessel;
“Minister” and “Minister of Finance” mean the Federal Ministers charged with responsibility respectively for ports and harbours, and for finance; “owner”, when used in relation to goods, includes a consignor, consignee, shipper or an agent for the sale, custody, shipping or landing of those goods; and, when used in relation to a vessel, includes a part-owner, charterer, consignee or mortgagee in possession of the vessel;
“pier” includes a stage, stairs, a landing-place, landing-stage, jetty, floating barge or pontoon and a bridge, and other works connected therewith; “pilotage district” means an area in the Port or the approaches to the Port declared under section 53 to be a pilotage district; “Port” means Bintulu Port within the limits of the area declared under section 3 of the Act; “rates” includes tolls, dues, rents, and other charges leviable under this Act or any rules or by-laws made thereunder; “ship” includes every description of vessel used in navigation not propelled by oars; “the Act” means the Declaration of an Area in the Bintulu District to be a Federal Port Act 1979 [Act 217]; “vehicle” includes a carriage travelling on its own wheels or runners and used or intended to be used for the conveyance or carriage of persons, animals or goods; “vessel” includes a ship or boat and any other description of vessel used in navigation; “wharf” includes any wall and building adjoining the foreshore, sea-bed or a river-bed;
“wharf superintendent” means the officer employed by the Authority to be in charge of the management of the wharves and docks of the Authority.
