Merchant Shipping Ports Harbours And Dues Regulations 1961

in the direct approaches to any port;

in any principal fairway within a port;

in such a manner as to obstruct the approach to any anchorage or wharf used by other vessels;

in any cable reserve or any special anchorage specified in the Second Schedule except in the circumstances specified in such Schedule;

in a position which is likely to foul a vessel which is anchored, moored or made fast to a buoy.

has paid in advance the annual or aggregate buoys and light dues as specified in the Sixth Schedule;

has paid in advance the annual and harbour dues as specified in the Seventh Schedule or the port dues as specified under Item No. 3 of Part I of the Schedule to the Sabah Ports Authority Tariff; and

is licensed under the provisions of any written law for the time being in force, and the owner, master or agent of such vessel submits a monthly return in the form of the Ninth Schedule to the Port

Officer.

If the master of any ship obtains a port clearance and does not sail within forty-eight hours thereafter, he shall report to the Port Officer his reason for not sailing, and, if so required, obtain fresh port clearance.

A Port Officer may refuse to issue a port clearance to any ship whose owner or master has not complied with any written law for the time being in force.

Where under any other written law, a ship is to be detained, a Port Officer shall, and where under any written law a ship may be detained, a Port Officer may, refuse to issue a port clearance to that ship.

A Port Officer shall not issue a port clearance for any ship, until the master of such ship has declared to that officer the name of the nation or state to which he claims that she belongs, and that officer shall thereupon, inscribe that name on the port clearance.

A ship required by the Ordinance to be registered or licensed may be detained until the master of the ship, if so required by the Port Officer produces the certificate of the registry of the ship.

The master of every such vessel shall so far as possible cause the International Code Flag “P” to be hoisted 24

hours prior to departure, and may, during the hours of daylight, sound one blast 30 minutes before sailing.

Any person who takes the ship to sea after having been informed that his clearance has been withdrawn shall be guilty of an offence under section 275 of the Ordinance.

Nothing in this regulation shall relieve the pilot or master of a sea-going vessel from his duty to prevent a collision or accident wherever possible.

unsafe or unfit for the purpose for which it is used; or

a danger to the port or users thereof by virtue of its condition, he may direct the owner or master thereof that such vessel shall be surveyed by a Government Surveyor and such vessel shall not be used in any port or harbour until the vessel has been surveyed and certified by a Government

Surveyor to be safe and in a fit condition for the purpose for which it is used.

In all cases of repairs to vessels in port precautions to the satisfaction of the Port Officer shall be taken against fire and storm and the fire fighting apparatus on board such vessels shall be in constant readiness for immediate use.

The master shall cause any explosive or highly inflammable substance which may be on board to be removed from the vessel as soon as possible after the fire is discovered.

The master of any vessel on fire shall obey such orders relating to the movement or berthing of his vessel as may be given to him by the Port Officer, who may proceed on board such vessel with such assistance and persons as may seem to him fit and give such orders as may seem to him necessary for scuttling such vessel or for removing such vessel to such other place as may seem to him proper to prevent danger to other vessels or to wharves or buildings or for extinguishing the fire, and on such orders not being carried out forthwith by the master of such vessel, the Port

Officer may himself proceed to carry them into effect.

as a signal of danger or emergency;

in conformity with the Collision Regulations; or

as provided in regulation 16.

No radio telegraph or radio telephone installation shall, without the permission of the Director of Posts and

Telegraphs or any person authorized by him in that behalf, be used for transmitting any message within a port.

if the discharge is from a vessel, the owner or master of the vessel; or

if the discharge is from a place on land, the occupier of that place; or

if the discharge is from apparatus used for transferring oil from or to vessel, the person in charge of the apparatus, shall be guilty of an offence against these regulations.

No dead body or carcase of any animal shall be thrown overboard within the limits of any port and any person offending against the provisions of this regulation shall be guilty of an offence and in addition shall be liable to pay any expense incurred in burying or otherwise disposing of the same.

Wherever the weight of explosives is referred to, such weight shall mean the gross weight of such explosives

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961

together with any envelope, case or contrivance forming part of such explosives, but shall not include the weight of any barrel, case or package in which such explosives is packed for conveyance.

No vessel carrying explosives shall be moved, within the limits of the port or any river, without the permission of the Port Officer.

Any vessel, including harbour craft, containing explosives or dangerous goods, shall not remain alongside any vessel, wharf, jetty or other landing place between the hours of sunset and sunrise without the permission of the Port

Officer.

No person shall smoke and no fire or naked light, shall be allowed on board any vessel which has or is about to receive on board any dangerous goods or explosives.

Time-expired signals shall on no account be allowed to get into the hands of irresponsible persons.

Ship’s ammunition shall not be stowed with, or near, explosives carried as merchandise.

No rocket distress signal, rocket sound signal or sound signal rocket shall be discharged in a port except under the supervision of an officer of the Marine Department or in case of distress.

no explosives or dangerous goods shall be loaded from, landed at, brought into or deposited upon any quay, wharf, jetty, landing stage, shed, warehouse, building or other place, except at such place as the Port

Officer shall from time to time direct;

during the loading or unloading of explosives, there shall be no fires or artificial lights on board the vessel or vessels into or from which explosives are being loaded or unloaded, or in the vicinity of the explosives at the place where such loading or unloading is being carried on:

Provided that –

this regulation shall not prevent the use of an electric lighting installation or a safety lamp of a construction approved by the Port Officer nor of ships’ riding or signal lights so disposed as to prevent any risk of fire or explosion; and

no smoking shall be allowed at or near the place where explosives or dangerous goods are being loaded or unloaded, and no person engaged in such loading or unloading shall carry fuzees, matches or any appliances whatsoever for producing ignition;

no person engaged in loading or unloading explosives shall wear boots or shoes with iron nails, or shod or strengthened with iron, unless such boots or shoes are covered with leather, india-rubber, felt or other material, in the form of overshoes or otherwise;

no person under the influence of drink shall be allowed on board any vessel into or from which explosives or dangerous goods are being loaded or unloaded, or shall be permitted to approach any explosives or dangerous goods while in the course of being loaded or unloaded;

in loading or unloading explosives or dangerous goods, no package containing the same shall be thrown down or roughly handled; and, where a package is to be slung, due precaution shall be taken to sling the same in such manner as effectually to prevent the possibility of a fall;

no explosives or dangerous goods shall be placed on any wharf, quay or jetty until the vessel or carriage by which the same is to be removed therefrom shall be at the place in readiness to receive the same. When the loading or unloading of explosives or dangerous goods has been commenced, such loading or unloading shall be proceeded with due diligence;

the wharf and stages, and the hold, gangways and decks of any vessel into or from which explosives has been or is to be loaded or unloaded, shall be carefully cleaned and swept immediately before and after such loading or unloading;

if any explosive or dangerous goods shall escape from the package in which they are contained, or be split, such explosives or dangerous goods shall immediately be carefully collected and disposed of safely;

during the whole of the time when explosives or dangerous goods are being loaded into or unloaded from any ship, there shall be present an officer of such ship specially charged with the supervision of such loading or unloading;

cushions of leather stuffed with oakum, or of such description as may be approved by the Port Officer, shall be provided and used in the loading and unloading of explosives to protect the packages containing the same concussion, in such manner as the Port Officer may direct;

while the loading or unloading of explosives and dangerous goods are being carried out, all persons engaged in such loading and unloading shall take all due precautions for the prevention of accidents and for preventing unauthorized persons from having access to the explosives and dangerous goods, and shall abstain from any act which tends to cause fire explosion or other accidents and is not reasonably necessary for the purpose of such loading or unloading; and shall use every reasonable endeavour to prevent any other person from committing any such act;

the loading and unloading of explosives and dangerous goods shall not be carried out except between the hours of sunrise and sunset;

when the loading in a port of a vessel with explosives for discharge outside the port is completed, that vessel shall, as soon as is reasonably practicable, be taken out of the harbour area:

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961

Provided that, where the Port Officer considers any one or more of the provisions contained in this regulation unnecessary for ensuring the safety of life and property in the case of the loading or unloading of any particular explosives or dangerous goods or of any particular cargo or consignment of explosives or dangerous goods, he may in writing exempt the owner of such consignment of explosives from compliance with such provision or provisions.

before any explosives are stowed in any vessel, the hold or the other place of stowage shall be free from grit and otherwise clean;

there shall be no iron or steel in the interior of the hold or other place of stowage unless the same is covered, either permanently or temporarily with leather, wood, cloth or other suitable material;

at all times when not being loaded or unloaded, explosives shall be protected from fire from without, either by being stowed in the hold of a vessel with hatches closed, or by being completely covered by painted cloth, tarpaulin or other suitable material;

any explosives of the following classes –

the Fifth (Fulminate) Class;

explosives shall not be stowed in any vessel carrying as cargo matches, petroleum, carbide of calcium, spirits, mineral acides or other articles or substances liable to cause fire or to give off inflammable vapour or to affect injuriously such explosives, unless such precaution are taken by provision of a bulkhead or otherwise as shall effectually prevent danger to the explosives from such article or substance or from the vapour thereof;

the place of stowage of explosives exceeding one hundred pounds in weight shall be constructed or fitted in such manner as may from time to time directed by the Director:

Provided that where the Port Officer considers any one or more of the provisions contained in this regulation unnecessary for ensuring the safety of life and property in the case of the stowing of any particular explosives, or of any particular cargo or consignment of explosives, he may, in writing exempt the owner from compliance with such provision or provisions.

If any explosives or dangerous goods are lost or stolen from any vessel or in any port or harbour the fact shall, as soon as possible, be reported to a police station.

loading or discharging cargo;

embarking or disembarking passengers;

bunkering, taking fresh water or stores;

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961

effecting repairs; or

having communication with the shore for any purpose other than solely to comply with the formality of entering or clearing, shall pay in respect of buoys and lights dues, the amounts specified in the Sixth Schedule, and in respect of ports and harbours dues, the amount specified in the Seventh Schedule and in respect of general port charges, the amounts specified in the Eighth Schedule. All such dues and charges shall be subject to a surcharge of two per cent calendar month being levied on the principal sum if such is not paid within sixty days of the date appearing on the bill:

Provided that non-sea-going vessels confined to port and harbour limits shall pay no buoys and lights dues.

Any person guilty of an offence against any of these regulations shall be liable on conviction to a fine of one thousand dollars and to imprisonment for one month.

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961

FIRST SCHEDULE

PORTS AND LIMITS

(Regulation 3)

Within 3,000 feet of the F.R.G. light on the N.N.E. end of Government wharf in approximate position latitude 05o 59’ 51” N. Longitude 116o 04’ 30” E.

Vessels under 150 feet in length may anchor within this area, east of a line joining the

F.R.G. light and Gueritz shoal light beacon.

To the eastward of a line drawn in a 172o direction from Grieve Reef Beacon.

Within a line drawn from a position in Latitude 06o 01’ 21” N. Longitude 116o 05’

45” E. thence in a 360o direction for 6.5 cables thence in a 270o direction for 10 cables thence in 180o direction for 6.5 cables thence in a 090o direction for 10 cables to the starting point.

Within a line drawn from a position in latitude 06o 00’ 42” N., Longitude 116o 05’

45” E. thence in a 270o direction for 10 cables thence in a 360o direction for 6.5 cables thence in a 090o direction for 10 cables thence in a 18o direction for 6.5 cables to the starting point.

Within an area bounded by a radius of 3 cables from a position in Latitude 06o 01’ 34” N., Longitude 116o 03’ 46” E.

Within 3 cables of the Wharf light F.R.G. position Latitude 06o 52’ 53” N.,

Longitude 116o 50’ 41½ ” E.

Within 3 cables of the Wharf light F.R.G. position Latitude 06o 52’ 53” N.,

Longitude 116o 51’ 41½” E.

Any area not within 4,000 feet of the F.R.G. light as above nor within the approach fairway.

Any area not within 3 cables of the Wharf light F.R.G. position Latitude 06o 52’

53” N., Longitude 116o 50’ 41½” E.

As directed by the Port Officer.

As directed by the Port Officer.

So as not to swing within 1,700 feet from the S.E. dolphin on Liberty Wharf; nor within 600 feet of any other wharf or landing place.

Wharf in a direction of 180o for 1,700 feet thence in 331o direction to the shore in vicinity of L.C.T. Hard.

Within a line drawn from Enoe Beacon to Harbour Shoal Beacon thence in a 090o direction of six cables thence in a 180o direction until it joins the line between the south-west point of Pappan Island and Enoe Beacon.

Within a line drawn from Harbour Shoal Beacon in a 360o direction for 2,500

feet, thence in a 090o direction for 3,600 feet; thence in a 180o direction to join the northern boundary limit of the Explosive Anchorage.

As directed by the Port Officer.

Within a line drawn 090o six cables from Harbour Shoal Beacon thence south to

Pappan Island. On the south by a line drawn between the south-west point of Pappan

Island and Enoe Beacon. On the west by the eastern boundary limit of the Explosive

Anchorage.

Within 1,000 feet of the wharf unless permitted by the Port Officer.

Within 1,000 feet of the wharf unless permitted by the Port Officer.

Any area not within 4,000 feet of the wharf light F.R.G. position Latitude 05o 08’

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961

19” N., Longitude 118o 19’ 57” E.; nor in the approach fairway.

Any area not within 1,000 feet of the wharf unless permitted by the Port Officer.

As directed by the Port Officer.

As directed by the Port Officer.

Within 2,000 feet of the wharf light F.R.G. position Latitude 5o 50’ 17½” N.

Longitude 118o 07’ 10” E.

Within an area from position Latitude 5o 49’ 54” N. Longitude 118o 09’ 18” E.

thence 270o for 10 cables thence 221o for 9½ cables thence 090o to the shore.

Within an area from the south-west limit of (B) above thence 180o for 7 cables thence 090o to the shore.

Within a radius of 3 cables from the centre of the “T: head on Shell installation jetty.

Within an area from the north-west limit of (B) above. 041o for 9 cables thence 090o to the shore.

Within 5 cables of the wharf light in (A) above.

Within 1,000 feet of the wharf.

Within 1,000 feet of the wharf.

In the Trusan Treacher, South of the parallel Latitude 04o 30’ 00” N., nor within the approach fairway.

Any area not within 1,000 feet of the wharf.

As directed by the Port Officer.

As directed by the Port Officer.

Within 2,000 feet of the Government wharf. Vessels under 100 feet may anchor within this area, on the inshore of the wharf subject to the discretion of the Port Officer.

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961

As (A) above.

Within an area from position Latitude 04o 13’ 00” N., Longitude 117o 51’ 0” E. in a 090o direction distance 1 mile thence 180o distance 1 mile thence 270o distance 1

mile thence 360o direction distance 1 mile.

Within an area from position Latitude 04o 16’ 0” N., Longitude 117o 51’ 0” E., in a 090o direction distance 1 mile thence 180o direction distance 1 mile, thence 270o direction distance 1 mile, thence 360o direction distance 1 mile.

As directed by the Port Officer.

Within an area from position Latitude 4o 13’ 30” N., Longitude 117o 54’ 0” E., in a 090o direction distance 1 mile thence 180o distance 1 mile, thence 270o distance 1

mile thence 360o direction distance 1 mile.

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961

THIRD SCHEDULE

(Regulation 9)

SHIPPING ARRIVAL REPORT

TO THE PORT OFFICER at ………………………………………………………..(name of Port)

Name of vessel ………………………………… Nationality (Flag) ……………..

Port of Registry ………………………………... Master’s Name ………………..

Net Tonnage ……………………………………. Gross Tonnage ……………….

Date and Hour of arrival (Harbour Limits)…………………………………………

Nature of Cargo

………………..…………………………

…………………………………………..

…………………………………………..

Tonnage of Cargo

…………………………………………….

…………………………………………….

…………………………………………….

Transit Cargo on board ………………………………………………………………………

Mail for North Borneo ………………………………….. bags.

Total number of crew (including Master) ……………………………………………………

Horse Power (NHP) …………………. Service speed of vessel ……………….. knots

Names of Owners ……………………………………………………………………………..

Name of Consignees or AGENTS ……………………………………………………………

First loading port and date of departure …………………………………………………….

Last port and date of departure ……………………………………………………………..

Passengers disembarking: Berthed ………………. Unberthed ………………………….

Passengers in transit: Berthed ……………………. Unberthed ………………………….

Infectious or contagious disease on board ………………………………………………..

Dangerous Goods on board ………………………………………………………………..

Accidents to vessel on voyage ……………………………………………………………..

Weather experienced ……………………………………………………………………….

Draft of vessel: Fore ……………………… Aft. …………………. Mean ……………….

Maximum loaded draft (summer) …………………………………………………………..

N.B. Port Regulations on board? …………………………………………………………..

CERTIFICATES

Issuing

Authority

Date of expiry

Passenger Ship ………………………………. Safety Certificates ……………………..

Passenger or Cargo Ship ……………………. Exemption Certificate ………………….

(Safety Equipment Certificate …………………………………………………

(Radio Certificate ………………………………………………………………

(Load Line Certificate …………………………………………………………..

(Annual Load Line Survey due …………………………………………………

(Life saving appliances sufficient for ………………………………………………………… persons

Berthed at …………………………………………………………………………………….

Remarks ………………………………………………………………………………………

…………………………………………………………………………………………………

………………………………………………………………………………………………….

Date …………………………… (Sgd.) ………………………………………………….

Master of Vessel.

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961

FOURTH SCHEDULE

(Regulation 10)

LIST OF DOCUMENTS THAT THE PORT OFFICER MAY CALL UPON TO BE

PRODUCED ON ENTERING OR CLEARING OF VESSEL FROM THE PORTS OF

NORTH BORNEO

ALL VESSELS

Certificate of Registry or National Papers,

International Loadline Certificate,

Local Freeboard Certificate,

Articles of Agreement,

Official Log Book,

Deck Log Book,

Certificates of Competency of Master and Officers.

Charts used on voyage.

PASSENGER VESSELS

Passenger Certificate,

Safety Convention Certificate (either combined with or separate from Passenger

Certificate),

Similar Certificate, if applicable (either combined with or separate from Safety

Convention Certificate),

Convention Exemption Certificate; if applicable,

Pilgrim Ship Certificates A and B and Report A and B; if applicable.

NON-PASSENGER VESSELS

Convention Safety Certificate (if over 500 gross tons),

Life Saving Appliances and Lights Certificate (if under 500 tons or non-convention countries),

Safety Convention Radio telegraphy certificate (if over 1,600 tons gross),

Safety Convention Radiotelephony Certificate (if between 500 – 1,000 tons gross),

Report of Radio Inspection (if Non-Convention countries),

Convention Exemption Certificate – if applicable,

Any other Certificate that the Port Officer may deem necessary to be produced.

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961

FIFTH SCHEDULE

(Regulation 11)

SPECIAL SIGNALS

BY DAY

BY NIGHT

15 cents per net registered ton subject to a minimum payment $2.00 per port up to ten calls at that port or harbour during a calendar year and thereafter free; or

a fee for each calendar year or part of a year, of $1.15 per net registered ton for each port or harbour; or

an aggregate fee for each calendar year or part of a year of $7 per net registered ton for all ports and harbours payable at the first port of entry .

SEVENTH SCHEDULE

(Regulation 59)

PORTS AND HARBOUR DUES

Port and harbour dues payable by vessel shall be –

For every vessel either entering a port or harbour or having been constructed therein thence commissioned for service and for a maximum stay therein of thirty days thereafter, per gross registered ton of the vessel

(Subject to a minimum payment of $2.00)

5 cents

For each day or part thereof after the first thirty days, per gross registered ton of the vessel

(Subject to a minimum payment of … …

1 cent

$1.00 per day)

Vessels under 100 gross registered tons may in lieu of payments under (a) and (b) above, pay an optional payment for each port or harbour per annum, per gross registered ton of the vessel

(Subject to a minimum payment of … …

$1.00

$5.00 per annum per port)

For every harbour craft plying for hire or reward, per gross registered ton per annum

(Subject to a minimum payment of … …

$1.00

$5.00 per annum)

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961

EIGHTH SCHEDULE

(Regulation 59)

GENERAL PORT CHARGE

A general port charge in respect of all goods loaded and/or discharged at Labuan shall be payable as follows –

per ton or part thereof provided that where a vessel loads or discharges any goods from or into another vessel such charge will be levied on both vessels except in the case where such goods have been or become subject to the landing and/or shipping dues as provided in the

Second Schedule to the Merchant shipping

(Government Wharves) Regulations, 1961, the vessel paying such landing or shipping due may claim exemption from payment of the general port charge.

25 cents

NINTH SCHEDULE

(Regulation 15)

RETURN IN RESPECT OF VESSELS OPERATING OFFSHORE

To the Port Officer at …………………………………………………………………. (Name of Port)

Return in respect of fishing vessels for the month of ………………………………………

………………………………………………………………………………………. 19………

______________________________________________________________________

NAME OF VESSEL ………………………………. OFFICIAL NO: ………………………..

GROSS TONNAGE ……………………… NET TONNAGE ………………….…

ARRIVAL

DEPARTURE

DATE

TIME

DATE

TIME

Dated at Jesselton, this 30th day of November, 1961.

M. PIKE

Clerk of Executive Council.

6th October 2008

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Merchant Shipping (Ports, Harbours and Dues) Regulations 1961