The authority may levy charges
(1) The authority may in relation to the port levy charges on, and for that purpose shall with the approval of the Minister from time to time prescribe charges or scales of charges and impose penalties or interests on outstanding 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 any ferry service maintained by the authority;
(f) the use of any quay, wharf, dock, jetty, pier, landing place, foreshore or any other property vested in or under the control of the authority;
(g) any services rendered to, or any material supplied to or made use of by, any vessel and person;
(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 any 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 upon which the authority is empowered to levy any 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 any 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 pursuant to subsection (1) been prepared, the authority may levy any charges it deems 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 remit the whole or any part of 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 in English and national language and shall, for the information of the public, exhibit such scales (either in whole or in part) at such places as the authority deem 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
16 A. (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 29.
(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 national language and one in the English or Chinese language.
(4) The authority shall as soon as practicable make by-laws under section 29 in respect of the change in the existing structure of charges.
Recovery of charges in arrears
(1) The authority shall in respect of charges which have not been paid on 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 lien and claims, except claims for money payable to the Government.
(3) Charges in respect of goods to be landed shall become payable immediately on the landing of such goods.
(4) Charges in respect of goods to be shipped shall be payable before such goods are shipped.
(5) Charges in respect of goods to be removed from the premises of the authority shall be payable on demand.
Recovery of pilotage dues
17A . (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.
Remission of dues
17 B. (1) The authority may, if it thinks fit, remit the whole or any part of any pilotage dues paid under this Act.
(2) 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.
(3) Notwithstanding subsection (4), the title of a bona fide purchaser shall not be invalidated by reason of the omission to send the said notice, and such purchaser shall not be required to inquire whether such notice has been sent.
(4) 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 under the Merchant Shipping Ordinance 1952 [Ord. 70 of 1952], has been given.
(5) 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, to the general account of the authority, and thereupon all rights to the same by such person shall be extinguished.
Power to sell goods remaining in custody
(1) Subject to this section and without prejudice to section 19 the authority may, where any goods which have been placed in the custody of the authority are not removed from the premises of the authority within a period of twenty-one days from the time when such goods were placed in such custody, at the expiration of such period sell by public auction any or all of such goods as are still in the said 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 said power of sale 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 in which the said sale is to be held, 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.
Power to compound or compromise claim or demand 18A . 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, etc.
(1) In relation to a failure of the master of a vessel to pay any charges or part thereof payable on demand under this Act or any by-laws made thereunder, the authority may distrain or arrest the vessel aforesaid and the tackle, apparel or furniture or other article belonging to such vessel, and detain the same until the said charges are paid.
(2) Where any part of the charges or the costs of the distress, arrest or detention of the said vessel, tackle, apparel or furniture or other article remains 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 said master on demand.
(3) Where the authority gives to the officer of the Government whose duty is to grant the port clearance of any vessel, a notice stating that an amount specified therein is due in respect of charges or penalties imposed under this Act or any by-laws made thereunder against the vessel, the owner, agent or master of the vessel, such officer shall not grant any port clearance to such vessel until the amount so leviable or chargeable has been paid or security has been given to the satisfaction of the authority for the amount thereof.
(4) 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 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).
