Malaysia legislation

Section 66

of PENANG PORT COMMISSION ACT 1955

Section 66

Commission empowered to make by-laws

(a)

regulating, declaring and defining the wharves, docks, piers and places vested in the Commission or under its control, on and from which goods shall be landed from and shipped in vessels;

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(b)

regulating the manner in which and the conditions under which the loading and discharging of vessels shall be carried out, and for varying the positions of vessels loading and discharging;

(c)

the safe and convenient use of the docks, wharves, piers, landing places, warehouses, sheds and premises vested in the Commission or under its control and of any ferry service maintained by the Commission;

(d)

regulating the reception, storage and removal of goods within and from the premises of the Commission, and for declaring the procedure to be followed for taking charge of goods which have been damaged before landing or are alleged to have been so damaged;

(e)

settling the mode of payment of rates leviable under this

Act, and for facilitating their collection and preventing their evasion;

(f)

keeping clean the basins, works and premises of the

Commission and the waters adjacent thereto, and for preventing filth and rubbish being thrown or entering therein or thereon;

(g)

the guidance of persons employed by it under this Act;

(h)

regulating vehicular traffic, preventing obstruction and keeping order at wharves and docks and for ensuring the safety of the wharves and docks and any cargo thereon;

and

(i)

otherwise carrying out the purposes of this Act.

(2)

The Commission shall make by-laws for regulating the conveyance loading and unloading of dangerous goods within the jurisdiction of the Commission and in particular for declaring or regulating all or any of the following matters within the said jurisdiction:

(a)

determining the notice to be given by ships and boats conveying, loading or unloading dangerous goods within the said jurisdiction;

(b)

regulating the navigation and place of berthing of any such ships and boats;

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(c)

regulating the mode of stowing and keeping dangerous goods on board any such ship or boat;

(d)

prohibiting or subjecting to conditions and restrictions the conveyance of any kind of dangerous goods with any other kind of dangerous goods or any articles or substances or in passenger ships, boats, trains or vehicles;

(e)

prohibiting, in cases where the loading or unloading of dangerous goods within the jurisdiction of the Commission appears to be specially dangerous to the public, such loading or unloading, and fixing the places and times at which the dangerous goods are to be loaded or unloaded and the quantity to be loaded or unloaded or conveyed at one time or in one ship, boat or vehicle;

(f)

regulating the mode of and the precautions to be observed in conveying or keeping dangerous goods and in the loading or unloading any ship, boat or vehicle conveying dangerous goods;

(g)

fixing the times at which lights or fires are to be allowed or not allowed on board such ships or boats as before mentioned; and

(h)

generally for protecting whether by means similar to those above-mentioned or not persons and property from danger.

(3)

In this section the expression “dangerous goods” has the meaning assigned to it by section 289 of the Merchant Shipping

Ordinance 1952.

Approval and publication of by-laws