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Section 5

Functions of Authority

of Bintulu Port Authority Act 1981

ActIn forceProvision 5 of 110
Section 5
(1)

The functions of the Authority shall be to develop, control and administer and otherwise operate and maintain the Port, and for the performance of its functions it shall have the powers and duties provided under this Act.

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(2)

The Authority shall have power to do all things reasonably necessary for or incidental to the discharge of its functions, and in particular—

(a)

to undertake all or any work of every description in connection with the Port as the Authority may think fit, or authorize by way of licence any person to undertake such work, subject to rules or by-laws made by the Authority, and such licence may contain such conditions as the

Authority may think fit to impose;

(b)

to construct, maintain and use wharves, docks, piers and bridges within the limits of the area vested in the

Authority, with all necessary and convenient arches, drains, culverts, fences, roads, railways and approaches;

(c)

subject to the provisions of this Act, to levy such port dues and such general charges upon goods or cargo loaded or discharged in the Port as the Authority may think necessary for the maintenance, improvement or development of the Port;

(d)

to control the berthing and movement of all vessels, whether in the road or alongside a quay, wharf, pier or landing-place vested in or under the control of the

Authority;

(e)

to purchase or otherwise acquire or construct, and to maintain and use, engines, firefloats and other appliances for the purpose of extinguishing fire on the property of the

Authority and in the Port;

(f)

to purchase or otherwise acquire or construct, and to maintain and operate, vessels for the purpose of towing or rendering assistance to any vessel (whether in the territorial waters of Malaysia or on the high seas and whether entering or leaving the Port or bound elsewhere)

and for the purpose of saving life or property or recovering property lost, sunk or stranded;

(g)

to supply water to shipping in the Port;

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(h)

to purchase or otherwise acquire or construct, and to maintain and operate, ferry vessels to carry passengers, vehicles and goods, and use the same for plying for hire;

(i)

to carry on the business of bunkerers and of suppliers of stores and materials to ships;

(j)

to purchase or otherwise acquire or construct, and to maintain and, within the limits of the area vested in the

Authority, operate such facilities including railways, warehouses, sheds, engines, cranes, scales and other appliances for conveying, receiving, handling and storing goods to be landed or shipped or otherwise dealt with by the Authority;

(k)

to carry on the business of builders and repairers of ships and machinery;

(l)

to purchase or otherwise acquire or construct, and to lay and maintain, moorings;

(m)

to purchase or otherwise acquire or construct, and to maintain and operate, all means and appliances for berthing, loading and discharging of vessels;

(n)

to purchase or otherwise acquire or construct, and to maintain and moor, vessels and hulks for the storage and working of cargo and goods;

(o)

to reclaim, excavate, enclose or raise any part of the area vested in the Authority;

(p)

to clean, deepen or improve any part of the Port, and for any of such purposes to purchase or otherwise acquire or construct, and to maintain and operate, dredgers or other appliances;

(q)

to erect or cause to be erected buildings on any part of the area vested in the Authority;

(r)

to take such action as the Authority may think fit in relation to works without the limits of the area vested in it

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as are necessary for the protection of works belonging to it within the limits of the area vested in it;

(s)

to be an insurer of goods in its custody.

(t)

(Deleted by Act A831).

(2A)

The Authority may, with the approval of the Minister, grant a licence on such conditions as the Authority may think fit to any company, firm, person or persons to undertake any activities in the

Port as may appear to the Authority to be necessary.

(3)

Subsection 3(1) of the *Insurance Act 1963 [Act 89] shall not apply to the Authority in relation to its powers under paragraph (2)(s).