Malaysia legislation
Section 59
Section 59
In this Act, unless the context otherwise requires—
“authority” means the port authority established under section 2;
“authority pilot” means a pilot employed by the authority pursuant to section 29C;
“Chairman” means the chairman of the authority and in the absence of the Chairman, the Deputy Chairman or temporary Chairman;
“charges” includes any toll, due, rent or other charge leviable under this Act;
“dock” includes basins, locks cuts, entrances, graving, docks, keel blocks, inclined planes, slipways gridirons, quays, warehouses and other works and things appertaining to any dock;
“estimates” means in respect of recurrent revenue the best possible commercial forecast of revenue taking into account the general conditions of world trade and all other relevant factors and in respect
Port Authorities 77
of recurrent expenditure the best possible commercial forecast of expenditure likely to be incurred having regard to the estimates of revenue;
“General Manager” means the General Manager of the port appointed under section 13;
“goods” includes livestock, minerals and wares and merchandise of every description;
“Government” means the Government of Malaysia;
“land” includes the bed of the sea below high water mark;
“licensed operator” means a licensed operator licensed under Part
III of the Ports (Privatization) Act 1990;
“licensed warehouses” has the meaning assigned to it in the
Customs Act 1967;
“master” includes every person, except a pilot, having for the time being the command or charge of any vessel;
“Minister” means the Minister charged with the responsibility for ports;
“owner” in relation—
(a)
to goods includes any consignor, consignee, shipper or agent for the sale, custody, shipping or landing of such goods; and
(b)
to any vessel includes any part owner, charterer, consignee or mortgagee in possession of the vessel;
“pier” includes any stage, stairs, landing places, landing stage, jetty, floating barge or pontoon and any bridge or other works connected therewith;
“pilotage district” means any area in the port or approaches to the port declared under section 29A to be a pilotage district;
78 Laws of Malaysia ACT 488
“Pilotage Committee” means the Pilotage Committee appointed under section 29D;
“port” means the port specified in the Schedule within the limits declared under section 6 of the Merchant Shipping Ordinance 1952;
“revenue” means any moneys received by the Authority by way of charges, scales of charges or other duties imposed by or under this Act and includes any moneys provided under section 6;
“ship” includes every description of vessel used in navigation not propelled by oars;
“vessel” includes any ship or boat or any other description of vessel used in navigation;
“wharf” includes any wall and building adjoining the foreshore, sea-bed or river-bed;
“wharf superintendent” means an officer of the authority in charge of the wharf or wharves of the authority.
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[Subsection 2(1) and Section 48]
(1)
(2)
(3)
Port
Port Authority
Date of establishment
Port Kelang
Port Kelang Authority 1 July 1963
Kuantan Port
Kuantan Port Authority 1 September 1974
Pasir Gudang Port
Johore Port Authority 1 January 1975
Kemaman Port
Kemaman Port
Authority 1 September 1993
[Subsection 2(3)]