Penang Port Commission Act 1955 · Updated to 1 Jan 2006 · Part V · Duties and Powers of the Commission
60. Control of foreshores
Feedback & supportNo construction or alteration of any quay, wharf, pier or similar work shall take place within the port without the written authority of the Commission which, before according the authority, may require the submission of plans of the proposed works; and any person who acts in contravention of this subsection shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit and shall be required to remove the construction at his own expense, if ordered to do so.
wharf
“wharf” includes any wall and building adjoining the foreshore, sea-bed or a river-bed;
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.
Commission
“Commission” means the Penang Port Commission established and incorporated under this Act;
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.
pier
“pier” includes any stage, stairs, landing place, landing-stage, jetty, floating barge or pontoon and any bridges or other works connected therewith;
With effect from a date to be appointed by the Minister, any owner of goods or cargo who without the written authority of the
goods
“goods” includes livestock, minerals and wares and merchandise of every description;
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.
port
“port” means the Port of Penang within the limits declared under section 6 of the Merchant Shipping Ordinance 1952 [Ord. 70 of 1952];
*NOTE—Previously “five hundrd “ringgit”–see Penang Port Commission (Amendment0 Act 1993
48