BINTULU PORT AUTHORITY (DISSOLUTION) ACT 2024

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

In this section, “financial asset” means any asset owned by the Authority including loans given, receivables from exchange dealings and investments, which can be liquidated to cash value.

Deposit, advanced receipt and lease rent

all rental deposits and lease deposits standing in to the Authority;

Bintulu Port Authority (Dissolution)

all advanced receipts of lease standing in to the Authority;

and

lease rent due to be paid to the Authority, shall be transferred to the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws.

Existing contracts, etc.

Nothing in this section shall be construed to extend the term or duration of the licence specified in subsection (1)

beyond the date of its expiry.

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The Bintulu Port Authority (Sarawak) may alter the terms and conditions attached to the licence under subsection (1)

for the purpose of bringing the licence into conformity with the Port Authorities Ordinance 1961.

The provisions relating to the revocation of a licence under the Port Authorities Ordinance 1961 shall apply to the persons referred to in subsection (1).

Continuance of proceedings

Any appeal brought, or any leave to appeal applied for, on or after the date of coming into operation of this Act, against a decision given before the date of coming into operation of this Act in any legal proceedings in which the Authority was a party may be brought by or against the Bintulu Port Authority (Sarawak)

as the appeal or leave of appeal might have been brought or applied by or against the Authority if this Act had not been passed.

Notwithstanding anything in this section, the Government shall bear the costs and expenses of any proceedings or cause of action which—

Any reference to the Authority in any written law including subsidiary legislation or document shall be construed as a reference to the Bintulu Port Authority (Sarawak).

Vesting of property, etc.

Every property, rights, interest, obligation and liability transferred to and vested in the Authority shall be transferred to and vested in the Government or the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws, in accordance with the written consent of the Government and the Government of the State of Sarawak, for the like title, estate or interest and on the like tenure as the property, rights, interest, obligation and liability were vested or held before the vesting date.

Any land which before the date of coming into operation of this Act was vested in the Authority shall, on the vesting date, be vested in the Government of the State of Sarawak.

Subject to section 5, any property and asset other than land which before the date of coming into operation of this

Act were vested in the Authority shall, on the vesting date, be vested in the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws.

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In the case of properties, rights, interests, obligations and liabilities arising under any loan which are vested in the Government or the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws on the vesting date, the Government or the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws may enter into agreements or arrangements over the rights, interests, obligations and liabilities with any other person.

Written consent