Establishment of Bintulu Port Authority
(1) There is established in respect of Bintulu Port a port authority to be known as the Bintulu Port Authority.
(2) The Authority shall—
(a) be a body corporate with perpetual succession and a common seal;
(b) subject to sections 8 and 10, be capable of purchasing or otherwise acquiring, being vested with by way of gift or otherwise, holding or disposing of, movable and immovable property, including any interest therein;
(c) be capable of entering into contracts, suing and being sued;
and the Authority may do and suffer all such other acts and things as bodies corporate may do and suffer.
Constitution of Authority
(1) The Authority shall consist of—
(a) a Chairman who shall be appointed by the Minister;
(b) the General Manager; and
(c) not less than five nor more than nine members to be appointed by the Minister:
Provided that it shall be lawful for the Minister to appoint the General Manager to be the Chairman.
(2) Where the Chairman is a person other than the General Manager, then unless the Minister appoints any of the members appointed under paragraph (1)(c) to be the Deputy Chairman of the Authority, the General Manager shall be the Deputy Chairman.
(3) A temporary Chairman or temporary member may be appointed as provided in subsection (1) during the temporary incapacity through illness, or during the temporary absence from the State of Sarawak or from Malaysia, of the Chairman or member, and the provisions of this Act which apply in relation to the Chairman or member (including a person to be so appointed) shall mutatis mutandis apply in relation to a temporary Chairman or temporary member (including the person to be so appointed).
(4) The Authority may act notwithstanding a vacancy in its membership, and no act of the Authority shall be invalid by reason only of some defect in the appointment of any of its members or on the ground that any person acting as a member thereof has ceased to be such member.
(5) Notwithstanding anything to the contrary in this Act or any other written law, the Minister may remove from office the Chairman or any of the members of the Authority without assigning any reason therefor.
(6) The provisions of the Schedule shall have effect with respect to the Authority and its members.
Functions of Authority
(1) The functions of the Authority shall be to develop, control and administer and otherwise operate and maintain the Port, and for the performance of its functions it shall have the powers and duties provided under this Act.
(2) The Authority shall have power to do all things reasonably necessary for or incidental to the discharge of its functions, and in particular—
(a) to undertake all or any work of every description in connection with the Port as the Authority may think fit, or authorize by way of licence any person to undertake such work, subject to rules or by-laws made by the Authority, and such licence may contain such conditions as the Authority may think fit to impose;
(b) to construct, maintain and use wharves, docks, piers and bridges within the limits of the area vested in the Authority, with all necessary and convenient arches, drains, culverts, fences, roads, railways and approaches;
(c) subject to the provisions of this Act, to levy such port dues and such general charges upon goods or cargo loaded or discharged in the Port as the Authority may think necessary for the maintenance, improvement or development of the Port;
(d) to control the berthing and movement of all vessels, whether in the road or alongside a quay, wharf, pier or landing-place vested in or under the control of the Authority;
(e) to purchase or otherwise acquire or construct, and to maintain and use, engines, firefloats and other appliances for the purpose of extinguishing fire on the property of the Authority and in the Port;
(f) to purchase or otherwise acquire or construct, and to maintain and operate, vessels for the purpose of towing or rendering assistance to any vessel (whether in the territorial waters of Malaysia or on the high seas and whether entering or leaving the Port or bound elsewhere) and for the purpose of saving life or property or recovering property lost, sunk or stranded;
(g) to supply water to shipping in the Port;
(h) to purchase or otherwise acquire or construct, and to maintain and operate, ferry vessels to carry passengers, vehicles and goods, and use the same for plying for hire;
(i) to carry on the business of bunkerers and of suppliers of stores and materials to ships;
(j) to purchase or otherwise acquire or construct, and to maintain and, within the limits of the area vested in the Authority, operate such facilities including railways, warehouses, sheds, engines, cranes, scales and other appliances for conveying, receiving, handling and storing goods to be landed or shipped or otherwise dealt with by the Authority;
(k) to carry on the business of builders and repairers of ships and machinery;
(l) to purchase or otherwise acquire or construct, and to lay and maintain, moorings;
(m) to purchase or otherwise acquire or construct, and to maintain and operate, all means and appliances for berthing, loading and discharging of vessels;
(n) to purchase or otherwise acquire or construct, and to maintain and moor, vessels and hulks for the storage and working of cargo and goods;
(o) to reclaim, excavate, enclose or raise any part of the area vested in the Authority;
(p) to clean, deepen or improve any part of the Port, and for any of such purposes to purchase or otherwise acquire or construct, and to maintain and operate, dredgers or other appliances;
(q) to erect or cause to be erected buildings on any part of the area vested in the Authority;
(r) to take such action as the Authority may think fit in relation to works without the limits of the area vested in it
as are necessary for the protection of works belonging to it within the limits of the area vested in it;
(s) to be an insurer of goods in its custody.
(t) (Deleted by Act A831).
(2A) The Authority may, with the approval of the Minister, grant a licence on such conditions as the Authority may think fit to any company, firm, person or persons to undertake any activities in the Port as may appear to the Authority to be necessary.
(3) Subsection 3(1) of the *Insurance Act 1963 [Act 89] shall not apply to the Authority in relation to its powers under paragraph (2)(s).
Power of Authority to enter into any arrangement for sharing of profits, etc.
The Authority, with the approval of the Minister and the concurrence of the Minister of Finance, may—
(a) enter into any arrangement for sharing profits, union of interests, cooperation or joint venture with any person or body of persons; or
(b) establish or promote the establishment and expansion of companies under the Companies Act 1965 [Act 125].
Additional function of the Authority
(1) In addition to the functions provided under this Act, the Authority may, with the approval of the Minister, operate any port-related activities.
(2) In the exercise of the function in subsection (1) the Authority may expend such moneys as are necessary.
(3) For the purposes of this section, “port-related activities” means—
(a) activities performed outside a port which relate to any function or duty of the Authority to operate or maintain a port or the transportation of goods through the port; or
(b) the development, operation or maintenance outside the port of marinas and other properties necessary for the furtherance of any function or duty of the Authority.
*NOTE—The Insurance Act 1963 [Act 89] has since been repealed by the Insurance Act 1996 [Act 553]–see Part A of the Schedule.
Duties of Authority
In the discharge of its functions, the Authority shall—
(a) maintain, or provide for the maintenance of, adequate and efficient port services and facilities (including ferry services) at reasonable charges for all users of the Port, consistent with public interest;
(b) provide pilotage services within the limits of the Port and the approaches to the Port;
(c) provide such number of public landing-places as are in the opinion of the Authority sufficient;
(d) co-ordinate the activities in, and promote the improvement and development of, the Port; and
(e) do such acts and things as may be necessary towards the performance of the duties of the Authority mentioned in this section.
Powers of Minister in relation to Authority
(1) The Minister may, after consultation with the Authority, give to the Authority directions of a general character and not
inconsistent with this Act as to the exercise and performance of its functions and duties in relation to matters which appear to him to affect the interests of Malaysia and the Authority shall give effect to all such directions.
(2) In framing programmes of re-organization or development involving substantial capital outlay, the Authority shall act on guidelines laid down from time to time with the approval of the Minister.
Power of Authority as to property
(1) No acquisition or disposal of immovable property by the Authority, including an interest in the form of a lease of such property for a term exceeding three years or a mortgage of such property, shall be valid unless such acquisition, disposal, lease or mortgage has been made with the approval of the Minister in writing.
(2) The Authority shall cause any property purchased or otherwise acquired, vested by way of gift or otherwise, or disposed of to be valued at the date of its purchase or acquisition, vesting or disposal, and shall forthwith cause details of such valuation to be shown on its accounts.
(3) For the purposes of this Act, the Minister may, with the concurrence of the Minister of Finance, by order in the Gazette transfer to the Authority such movable and immovable property vested in or belonging to the Government as may be specified in the order, and any such property so transferred shall vest in the Authority without further assurance.
(4) Any transfer under subsection (3) shall be subject to such terms and conditions as the Minister may, with the concurrence of the Minister of Finance, specify and the order may include provision in respect of the rights, interests, debts, liabilities and obligations appertaining to such property which is to be transferred to and deemed to have been acquired or incurred by the Authority, as the case may be.
Acquisition of immovable property by Authority
When the Authority is unable to acquire by agreement any immovable property required for the purposes of this Act, proceedings may be taken by the Government for acquiring the same on behalf of the Authority in accordance with the provisions of the Federal Constitution relating to the acquisition of land for federal purposes.
Disposal of land
For the avoidance of doubt, where any interest in land is vested in the Federation for purposes of the Port, it shall be lawful for the Federation pursuant to Article 86 of the Constitution, to dispose of such interest in land to any person or body of persons for use by such person or body of persons for any federal purposes.
Power of Authority to lease or grant licences in respect of foreshore
(1) The Authority may, for such rents or other payments, and periods, and subject to such convenants, conditions and restrictions as it thinks proper, lease or grant licences, under the hand of the Chairman, to any person to occupy or use any part of the foreshore which is vested in the Authority.
(2) Notwithstanding subsection 8(1), no lease or licence granted under subsection (1) for a period exceeding twelve months shall be valid unless the same has been made with the approval of the Minister in writing.
(3) The powers under subsections (1) and (2) shall not be exercised so as to cause any obstruction to navigation without first obtaining the approval of the Minister in writing.
Port Consultative Committee
(1) For the purpose of advising the Authority, the Minister may appoint a Port Consultative Committee (referred to in this section as “the Committee”) which shall consist of—
(a) the Chairman of the Authority as chairman of the Committee;
(b) the General Manager, where he has not been appointed to be the Chairman of the Authority; and
(c) such other persons as the Minister may determine.
(2) In appointing members under paragraph (1)(c), the Minister shall have regard to any representations relating thereto made by users of the Port and by persons providing port services.
(3) The Authority may consult the Committee on any matter concerning the Port and shall, if the Committee has been appointed, consult it upon the following matters:
(a) any substantial alteration in the charges or scales of charges levied by the Authority;
(b) any major scheme relating to the expansion or development of the Port; and
(c) any other matter upon which the Authority is required by the Minister to consult the Committee.
(4) The chairman of the Committee shall cause a copy of the minutes of its meetings to be transmitted to the Minister.
(5) Subsections 4(3), (4) and (5) and the Schedule (except paragraphs 6, 7 and 9 thereof) shall mutatis mutandis apply to the Committee and its members as they apply to the Authority and its members.
Working capital of Authority
The Authority may be provided with such sums of money for its working capital as the Dewan Rakyat may determine; and any sums so provided shall be subject to such terms and conditions as the Minister of Finance may specify.
Finances and accounts of Authority
(1) The Authority shall keep proper and regular accounts and other records of moneys received and paid by the Authority and the several purposes for which such moneys have been received or paid, and of its assets, credits and liabilities.
(2) The revenues of the Authority for any financial year shall be applied in defraying the following charges for that year:
(a) working and establishment expenses;
(b) the maintenance, depreciation and renewal of the property, and the discharge of the functions, of the Authority properly chargeable to revenue;
(c) interests on loans and repayments of moneys borrowed; and
(d) such capital expenditure as the Authority may determine to charge to the revenues.
(3) The amount remaining of the revenues of the Authority for any financial year, after defraying the charges referred to in subsection (2), shall be applied in making good any deficiencies in the revenue carried forward from previous years, and the whole or any part of the balance, if any, may as soon as may be after the end of that year be carried to such reserves approved by the Authority as the Authority thinks fit.
(4) Moneys standing to the credit of reserves may be employed in the undertakings of the Authority.
(5) The Authority may open and maintain a current account with a bank approved by the Minister of Finance.
Power to borrow money
The Authority may, from time to time with the approval of the Minister of Finance, borrow, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions under this Act and may secure the repayment of any sum borrowed by way of a mortgage or charge, legal or equitable, of any property vested in the Authority, or of any revenue received by the Authority under this Act.
Investment of moneys not immediately required to be expended, and contributions to charity
(1) Moneys which are not immediately required to be expended in the discharge of any of the functions of the Authority shall, if invested, be invested by the Authority in investments authorized by any written law for the investment of trust funds, or in such other investments or securities as may be approved by the Minister of Finance, or may be deposited in a bank or financial institution approved by him:
Provided that the Authority shall not invest moneys in securities issued or registered, or other property situated, outside Malaysia except with the approval in writing of the Minister of Finance to the making of that investment.
(2) The Authority may, with the approval of the Minister, make financial contributions to its staff or to public or charitable objects.
Inspection and audit of accounts
The accounts and records of the Authority shall at all times be open to the inspection of—
(a) any member of the Authority;
(b) the Auditor General or an auditor specially authorized by the Auditor General to inspect the accounts and records;
(c) any other person specially authorized by the Minister to inspect the accounts and records.
Books of accounts and records to be kept at head office
The books of accounts and records of the Authority shall be kept at its head office but may be removed therefrom where authorized by any written law.
Statutory Bodies (Accounts and Annual Reports) Act 1980 to apply
The provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply in respect of the Authority.
Authority to furnish Minister with certain returns and other reports and information
The Authority shall furnish to the Minister such financial and statistical returns and such other reports and information of its financial position, property, activities, proceedings, policy and proposed undertakings as the Minister may from time to time require.
Estimates of revenue and expenditure
(1) Not later than three months before the commencement of the financial year to which they relate, the annual estimates of revenue and expenditure (including capital expenditure) shall be submitted by the Authority to the Minister for his approval and the Minister may at any time within one month of receipt of the same, disallow or amend any item of capital expenditure appearing in such
estimates, or any portion thereof, and return the same to the Authority for amendment.
(2) The Authority shall forthwith amend any estimates returned to it under subsection (3) and shall resubmit such estimates as amended to the Minister.
Supplementary estimates
(1) The Authority may at any time during the year for which estimates have been approved under section 19 cause supplementary estimates to be prepared and submitted to the Minister.
(2) The provisions of section 19 shall mutatis mutandis apply to supplementary estimates as they apply to annual estimates of revenue and expenditure.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
