Authority may levy charges
(1) The Authority may levy charges in respect of services, works or facilities rendered, performed or provided in the exercise of
its functions under this Act and for that purpose it shall with the approval of the Minister from time to time prescribe charges or scales of charges and impose penalties or interests for late payment of any dues in respect of all or any of the following matters:
(a) the landing, shipping, wharfage, lighterage, cranage and storage of goods, and the use of the Authority’s vessels and vehicles and demurrage thereon;
(b) the mooring of vessels and boats;
(c) the carriage of goods by vehicles (whether plying for hire or otherwise);
(d) the embarkation and landing of persons;
(e) the carriage of passengers, vehicles, animals and goods by a ferry service maintained by the Authority;
(f) the use of a quay, wharf, dock, jetty, pier, landing-place, foreshore or other property vested in or under the control of the Authority;
(g) services rendered or material supplied to, or made use of by, a vessel, body corporate or an individual;
(h) the use of tugs, firefloats and launches belonging to or maintained by the Authority;
(i) water supplied by the Authority;
(j) the towing of, and rendering of assistance to, a vessel (whether entering or leaving the wharves, docks or piers in the possession of the Authority, or whether within or without the Port);
(k) the shipping and transhipping of goods or persons; and
(l) any other matter in respect of which the Authority is empowered to levy charges.
(2) The Authority may with the approval of the Minister from time to time alter or vary the charges or scales of charges referred to in subsection (1).
(3) The Authority may, instead of levying the charges in accordance with the charges or scales of charges prescribed, enter into an agreement on any of the matters specified in subsection (1).
(4) In relation to any matter in respect of which no charges or scales of charges have been prescribed pursuant to subsection (1), the Authority may levy any charges it thinks fit.
(5) The Authority may with the approval of the Minister remit the whole or any portion of the charges leviable under this section:
Provided that the Authority may in its discretion remit the whole or any part of the rates for storage or demurrage.
(6) The Minister may, in any case where it appears to him expedient, having regard to the liabilities which the Authority has to meet, require the Authority to increase any charges prescribed under subsection (1), and the Authority shall accordingly carry out that requirement.
(7) The Authority may cause the scale of charges to be printed and may, for the information of the public, exhibit such scales (either in whole or in part) at such places as the Authority deems fit.
(8) Any charges or scales of charges prescribed shall be published in the Gazette.
Submission of memorandum for any change in existing structure of charges
(1) Any person or body of persons licensed under this Act or the Ports (Privatization) Act 1990 [Act 422] shall prepare and submit to the Authority a memorandum for any change in the existing structure of charges prescribed under any by-laws made under section 67 for the approval of the Minister.
(2) Where no reply is received from the Authority as regards the memorandum submitted under subsection (1) within six months of its submission, the change in the existing structure of charges as contained in the memorandum shall take effect on the expiration of such period.
(2A) Where a reply is received from the Authority as regards the memorandum submitted under subsection (1) indicating the decision of the Authority to disallow the change in the existing structure of charges as contained in the memorandum, any person or body of persons who is aggrieved by the decision of the Authority may, within fourteen days from the date of such decision, appeal to the Minister whose decision shall be final.
(3) The person or body of persons licensed under this Act or the Ports (Privatization) Act 1990 shall as soon as practicable publish the change in the existing structure of charges in the local newspapers, at least one in the Malay language and one in the English or Chinese language.
(4) The Authority shall as soon as practicable make by-laws in respect of the change in the existing structure of charges.
Charges to become payable where request withdrawn without reasonable notice
Any charges prescribed under this Act for any services, works or facilities shall become due and payable as if such services, works or facilities had been rendered, performed or provided, if the request for the services, works or facilities was withdrawn or cancelled without reasonable notice thereof being given to the Authority.
Recovery of charges in arrears
(1) The Authority shall in the case of charges which have not been paid in respect of any goods have a lien on such goods and shall be entitled to seize and detain such goods until the charges are fully paid.
(2) Such lien shall have priority over all other liens and claims, except claims for moneys payable to the Government.
(3) Charges in respect of goods to be—
(a) landed;
(b) shipped; or
(c) removed from the premises of the Authority, shall be payable respectively—
(i) on the landing of the goods;
(ii) before the goods are shipped; or
(iii) on demand.
Recovery of pilotage dues
(1) The Authority may with the approval of the Minister from time to time by notification in the Gazette—
(a) prescribe the pilotage dues which shall be paid to the Authority by the master or owner of every vessel; and
(b) define the circumstances and conditions under which pilotage dues are to be recoverable in respect of the services of an Authority pilot.
(2) If a vessel having on board an Authority pilot leads another vessel having no Authority pilot on board, the Authority shall be entitled to the full pilotage dues as if the Authority pilot had actually been on board and had piloted that other vessel.
(3) The Authority may, if it thinks fit, remit the whole or any part of pilotage dues paid.
(4) The Authority may with the approval of the Minister exempt, upon such conditions as it may impose, any vessel or classes of vessels from any pilotage dues payable under this Act.
Power to sell goods remaining in custody
(1) Subject to this section and without prejudice to section 33, the Authority may, where any goods which have been placed in its custody are not removed therefrom within a period of twenty-one days from the time when such goods are so placed in custody, at the expiration of such period sell by public auction any or all of such goods as are still in its custody:
Provided that—
(a) in the case of goods for which a through bill of lading has been issued there shall be substituted a period of forty-two days for the period of twenty-one days referred to in this subsection; and
(b) if the goods are of a perishable nature the Authority may direct their removal within such shorter period (not being less than twenty-four hours after the landing) as the Authority may think fit, and the power of sale of the goods may be exercised at the expiration of such period.
(2) For the purposes of subsection (1), a sale shall not be rendered invalid by reason only that it takes place on premises or in an area to which the public is not admitted except on presentation of a pass.
(3) Before making such sale the Authority shall give three days’ notice thereof by advertisement in two local newspapers circulating in the State of Sarawak, unless the goods are of so perishable a nature as, in the opinion of the Authority, to render their immediate sale necessary or advisable, in which event such notice shall be given as the urgency of the case permits.
(4) If their addresses are ascertainable from the manifest of the cargo or from any of the documents which have come into the hands of the Authority or are otherwise known, notice shall also be given to the owners of the goods and to the agent of the discharging vessel.
(5) Notwithstanding subsection (4), the title of a bona fide purchaser shall not be invalidated by reason of the omission to give such notice, and the purchaser shall not be required to inquire whether notice has been given.
(6) The proceeds of sale shall be applied by the Authority for, and in accordance with the order of, the following payments:
(a) duty payable to the Government;
(b) expenses of the sale;
(c) payment of the rates, charges and expenses due to the Authority in respect of the goods; and
(d) freight and other claims or lien of which notice has been given to the Authority before the day of the sale.
(7) The balance of the proceeds of sale, if any, after making the payments under subsection (6) shall be paid to the person entitled thereto on demand or, where no such demand is made within one year from the sale of the goods, into the general account of the Authority, and thereupon all rights to the same by that person shall be extinguished.
Power to compound or compromise claim or demand
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 as it deems sufficient.
Power to distrain for non-payment of charges
(1) Where the master of a vessel fails to pay any charges or part thereof payable on demand under this Act or any rules or by laws made thereunder, the Authority may distrain or arrest the vessel and the tackle, apparel, furniture or other article belonging to the vessel and detain the same until the charges are paid.
(2) Where any part of the charges or the costs of the distress, arrest or detention of the vessel, tackle, apparel, furniture or other article remain unpaid for the space of fourteen days next after any such distress, arrest or detention, the Authority may cause the vessel or the other articles so distrained, arrested or detained, to be sold, and may apply the proceeds thereof to satisfy such charges and costs (including the costs of the sale) and the Authority shall pay the balance thereof, if any, to the master of the vessel on demand.
(3) Where the Authority has given to the officer of the Government whose duty it is to grant the port clearance of a vessel, a notice stating that an amount specified therein is due in respect of charges (leviable under this Act or any rules or by-laws made thereunder) against a vessel, the officer shall not grant any port clearance in respect of that vessel until the amount so leviable has been paid.
(4) The provisions of this section (relating to the recovery of charges in arrears by the Authority) shall be in addition to and not in derogation of the rights of the Authority under any other law.
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).
