Section 60

The Commission shall have control of the use of the foreshores within the port and no goods or cargo shall be handled across or over those foreshores without the written authority of the Commission, or except in accordance with such conditions as the Commission may from time to time by notification in the Gazette prescribe.

In the matter of the granting or refusing of the written authority referred to in subsections (1) and (2), the Commission shall consult the State Government and the Director General of

Customs and in the event of disagreement arising in regard thereto, the matter shall be referred to the Minister for his decision.

In respect of any quay, wharf, jetty, pier, reclaimed land, landing-place or foreshore vested in the Commission in pursuance of section 28 or which is vested in the Commission by virtue of section 102 the Commission may, with the approval of the Minister, from time to time by order published in the Gazette prescribe wharfage, quay, wayleave and other rates.

With effect from a date to be appointed by the Minister, any owner of goods or cargo who without the written authority of the

Commission, as required by subsection (2), or in contravention of any condition prescribed thereunder causes any such goods or cargo to be handled across or over the foreshores within the port shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *one thousand ringgit, and in addition to the fine be liable to a sum to be assessed by way of damages at the rate of two ringgit per ton gross weight of the goods or cargo, to be recovered as a debt due to the Commission.

*NOTE—Previously “five hundrd “ringgit”–see Penang Port Commission (Amendment0 Act 1993

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