Licences authorising provision of marine or port services and facilities
s 81
Open ↗81.—(1) A person must not provide —(a) any marine service or facility; or (b) any port service or facility, unless the person is authorised to do so by a public licence or an exemption granted by the Authority. (2) Every public licence granted under this section must be in such form and for such period and may contain such conditions as the Authority may determine. (3) The Authority may, with the consent of, or in accordance with the terms of a general authority given by the Minister, grant a public licence either unconditionally or subject to any conditions that the Authority may impose and specify in the licence and either irrevocably or subject to revocation as specified in the licence, authorising any person to provide any marine service or facility or any port service or facility. (4) Without limiting subsection (3), a public licence may be granted either to any person, class of persons or a particular person, and may include conditions requiring the public licensee —(a) to enter into agreements or arrangements with any other person, class of persons or another public licensee for —(i) the interconnection with, access to and use of any installation of the licensee (wherever situated and whether or not used for the purpose of carrying on the activities authorised by the licence); and (ii) any other purpose specified in the licence, and on such conditions as may be agreed to by the licensee and such other persons or, in default of agreement, as may be determined by the Authority; (b) to prepare itself to deal with any public emergency; (c) to pay to the Authority a fee on the grant of the licence or pay to the Authority periodic fees during the currency of the licence or both, of such amount as may be determined by or under the licence; (d) to comply with any direction given by the Authority as to any matters specified in the licence or of a description so specified; and (e) to do or not to do anything specified in the licence or of a description so specified. (5) Conditions in a public licence may contain —(a) controls and restrictions, directly or indirectly, on the creation, holding or disposal of shares in the public licensee or its shareholders or interests in the undertaking of the licensee or any part thereof; (b) restrictions on the carrying on by the public licensee of any trade or business which is not related to the activity which the licensee is authorised by its public licence to carry on; (c) provisions for the conditions to cease to have effect or be modified at such times, in such manner and in such circumstances as may be specified in or determined by or under the conditions; and (d) provisions controlling or fixing the prices to be charged by the public licensee in respect of the handling and storage of goods other than such category of goods as the Minister may by notification in the Gazette, declare to be transhipment goods, including —(i) the setting of pricing policies or principles; and (ii) the setting of prices with reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factors. (6) Any provision included by virtue of subsection (5)(c) in a public licence has effect in addition to the provision made by this Part with respect to the modification of the conditions of a public licence. (7) A payment required by subsection (4) to be rendered to the Authority may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt. (8) A person must not question whether the grant of a public licence under subsection (3) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a licence granted under that subsection must not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister. (9) The grant and renewal of public licences under this section is at the discretion of the Authority. (10) Nothing in this section prevents the Minister from directing the Authority to grant a public licence in any specific case or requires the Authority to obtain a licence where it undertakes any activity mentioned in subsection (1) and any person aggrieved by a refusal of the Authority to grant a licence may, within 14 days of the refusal, appeal to the Minister whose decision is final.