Application
(1) This Act shall apply to any transfer or disposal by a port authority, whether by one transaction or by a series of transactions, of all or any part of its port undertakings. (2) No port undertakings of a port authority shall be transferred or disposed of to any person except pursuant to and in accordance with the provisions of this Act.
Transfer of port undertakings
Notwithstanding the provisions of any written law to the contrary, a port authority shall, subject to section 5, have the power to transfer or dispose of all or any part of its port undertakings to any operator licensed under this Act.
Port privatization plan
(1) Before exercising its power under section 4, the port authority shall prepare and submit to the Minister a port privatization plan for his approval. (2) The port privatization plan required by subsection (1) shall— (a) identify the port undertakings of the port authority; (b) state the estimated value of those port undertakings; (c) state the nature and extent of the liabilities, if any, to be transferred; (d) state the manner in which those port undertakings and liabilities are to be transferred or disposed of; (e) state the arrangement relating to the transfer of the relevant officers and servants from the port authority to a prospective operator; and (f) state such other matters as the port authority considers appropriate. (3) Where any matter is not included in the port privatization plan and the Minister considers that it should be so included, the Minister may direct the port authority to consider the matter and report to the Minister concerning its inclusion in the port privatization plan. (4) No port privatization plan shall be put into effect until it has been approved by the Minister. (5) Every port privatization plan shall be put into effect in the form approved by the Minister. (6) The Minister may grant approval of part of a port privatization plan if he considers it appropriate and this Act shall apply to that part as if it were a port privatization plan. (7) The Minister may, after consultation with the port authority as he considers appropriate or on the application of the port authority, amend any approved port privatization plan.
Port undertakings to be transferred to licensed operator
The port undertakings of a port authority that are to be transferred to an operator in accordance with the port privatization plan shall be transferred as soon as practicable after— (a) the approval of the plan by the Minister under section 5; (b) the execution of any necessary agreement between the port authority and the operator; and (c) the issue of the licence to the operator under subsection 9(3).
Liabilities in respect of port undertakings
(1) Where any port undertakings are to be transferred to a licensed operator the port authority shall identify its liabilities in relation to the same undertakings in the port privatization plan. (2) The liabilities so identified shall remain liabilities of the port authority except to the extent of any written agreement to the contrary between— (a) the port authority; (b) the licensed operator; (c) the person to whom the liability is owed; and (d) any guarantor of the liability.
Powers, functions and duties of a port authority
The port authority shall, in addition to the powers conferred, and the functions and duties imposed upon it by any written law, exercise regulatory functions in respect of the conduct of the port activities and the running of port facilities and services in the port by licensed operators including the determination of their performance standards and standards of facilities and services provided by them and the enforcement thereof.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).