Control of foreshores
The authority shall have control of the use of the foreshores within the port and no goods or cargo shall be handled across, over or under such foreshores without the written permission of the authority or otherwise than in accordance with such conditions as the authority may from time to time prescribe.
Landing or shipping of cargo over quays, wharves, etc.
No goods or cargo shall be handled across or over any quay, wharf, dock, pier or other place except under a written permission of the authority or in accordance with such conditions as the authority may from time to time prescribe.
Construction of quays, wharves, etc.
(1) The authority shall have jurisdiction over the construction or alteration of any quay, wharf, dock, pier or similar work and no such construction or alteration shall take place within the port without the written permission of the authority which, before granting such approval, may require the submission of plans of the proposed construction or alteration. (2) Any person who acts in contravention of subsection (1) shall be liable to a fine not exceeding two thousand ringgit and if ordered to do so shall remove such construction or alteration at his own expense.
Permit for conveyance of goods
(1) No vessel shall be used for the conveyance of goods and cargo from one place to another within the port except under and in accordance with a permit granted by the authority. (2) A permit may be granted in respect of one or more vessels or to one or more persons. (3) Any person to whom a permit is issued under this section shall from time to time supply to the authority such information as the authority may reasonably require relating to the nature and amount of the goods and cargo conveyed in accordance with such permit in any specified period, and for this purpose such person shall keep records thereof. (4) Any failure to supply the information or to keep the records required under subsection (3) shall be deemed to be a breach of the conditions of such permit. (5) The authority in its discretion may exempt from the requirements of this section any vessel or class of vessels of less than ten ton gross tonnage, and it may, at any time without assigning any reason therefor, terminate any such exemption. (6) Nothing in this section shall be deemed to affect or modify Part XIII of the Merchant Shipping Ordinance 1952, with regard to the licensing of boats for the conveyance of cargo, and no permit shall be issued under this section in respect of any vessel required to be licensed under those provisions unless such vessel has been duly licensed thereunder.
Appeal
Any person aggrieved by the refusal of the authority to grant a permit under this Part, or by the cancellation or suspension of any permit already granted, may, not later than one month from the date of such refusal, cancellation or suspension appeal to the Minister whose decision thereon shall be final.
Minister may appoint any place for use as customs collecting centre
(1) The Minister may, notwithstanding anything provided by this Act, appoint any part of the wharves or premises vested in the authority to be a place for the collection of import duty or other revenues payable to the Government. (2) Whenever any wharf or part of the premises of the authority has been so appointed as a place for the collection of import duty or other revenues, the authority shall set apart and maintain such place in such manner as the Minister may require, for the use of the persons entitled to collect such duties or revenues. (3) All charges payable in respect of any such wharf or part of the premises so set apart, or for the landing, shipping or storage of goods thereon, therefrom or therein, shall be paid to the authority.
Licensed warehouse
(1) In respect of any warehouse of the authority, approved and appointed as a licensed warehouse under any written law for the time being in force, the authority may give general security by bond or otherwise for— (a) the payment of the import duty payable in respect of goods stored in such licensed warehouse; or (b) the due exportation of such goods. (2) When such security has been given by the authority no further security shall be required by the Government from any other person to the same effect. (3) Any person who is, or has the powers of, a revenue officer under any written law for the time being in force, shall at all times— (a) be admitted to any part of premises approved and appointed as a licensed warehouse; and (b) be permitted to inspect the books kept in connection therewith and the stock contained therein.
Power of authority to order vessels to come alongside
The authority may order any sea-going vessel within the port to come alongside any suitable quay, wharf, jetty, pier or landing stage which is vested in or is under the control of the authority, for the purpose of landing or shipping goods, cargo or passengers: Provided that such order may be made only where— (a) such vessel has not commenced landing goods, cargo or passengers; or (b) such vessel is about to ship goods, cargo or passengers, but has not commenced to do so, and in making such order the authority shall have regard, as far as possible, to the convenience of such vessel and of the shippers in respect of any particular quay, wharf, jetty, pier or landing stage.
Government’s vessels
The Minister may at any time require that any vessel belonging to or in the service of the State or the Government shall be permitted to come alongside any quay, wharf, jetty, pier or landing stage which is vested in or is under the control of the authority, in preference to all other vessels at the time in port, and the authority shall give effect to such requirement.
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).