Section 19

Port Dues and Charges

     1- The Ministers, or the designated authorities, may fix service charges, fees or dues payable in relation to

        1/1             ships, vehicles, craft, passengers, luggage and persons coming into or using a port or port facility;

        1/2             goods handled within the limits of a port or stored in, or moved across, a port facility; and

        1/3             any service provided by the port authority, or any right or privilege conferred by the port authority, in respect of the operation of a port or port facility or in respect of any other service provided to a ship, goods, vehicles, craft, passengers, luggage, or persons.

     2- The charges, fees or dues fixed under 1. do not apply in respect of a national or visiting naval ship for which a Minister, or the designated authority, may fix separate charges, fees or dues.

     3- The Ministers, or the designated authorities, may confer the right for the fixing of charges, fees or dues

        3/1             by decision, decree or otherwise, to a port authority or body corporate managing or operating a port, for a period as stated

in the decision, decree or other legal instrument conferring the right;

        3/2             by contracts, leases, concessions or licenses to terminal operators, a body corporate or to persons offering any other service in the port for the duration of the contract, lease, concession or licence.

     4- The Ministers, or the designated authorities, may at any time suspend, amend or withdraw the decision under 3.1., or may, in the national interest, suspend, amend or withdraw the right conferred under 3.2..

      5- Where the Ministers, or the designated authorities, or a port authority or body corporate proposes to fix a new charge, fee or due or revise an existing charge, fee or due for wharfage or berthage or for harbour dues, or any charge, fee or due in relation thereto, sixty days prior notice shall be given of the proposal and no  charge, fee or due  shall come into force before the expiration of sixty days.

6- The port authority shall have the notice under 5. published in one or more major newspapers; send a copy of the notice to organizations affected by the charge, fee or due and post an electronic version of the notice in the port authority’s website presentation.

7- The charges, fees or dues fixed in respect of a ship or goods shall be paid by the owner or the person in charge of the ship or his agent, or the owner of the goods.

8- The charges, fees or dues fixed in respect of a person or vehicle shall be paid by that person or by the owner of the vehicle.

9- A port authority may ask for a guarantee to be deposited by the

owner or agent of a ship, or by the owner of goods or vehicles prior

to the provision of a service. Likewise may a port operator, with the port authority’s approval, ask for a guarantee to be deposited by the owner or agent of a ship, or by the owner of goods or vehicles, or

their agents, prior to the provision of a service.