Section 2

“animals” means animate things of every kind except human beings;

“approved port operator” means a person or body corporate or company appointed under Part III to establish, or operate or manage a port, or to carry out or perform any port undertakings;

[Ins. Cap. A70.]

“ballast” includes every kind of gravel, sand and soil and every commodity commonly used for the ballasting of vessels;

8

“chairman” means the chairman of a Port Authority appointed under section 4(1), and includes a deputy chairman and any person appointed by the Minister to temporarily discharge the duties of a chairman;

[Sub. Cap. A70.]

“container” means a receptacle 6.1 metres x 2.44 metres x 2.44 metres or 12.2 metres x 2.44 metres x 2.44 metres or more in size equipped with corner castings to facilitate the handling or conveyance of goods, by mechanical means;

[Ins. Cap. A70.]

“dues” means port dues, vessel’s dues or tariff rates established and levied in, under this Ordinance;

“gas” means liquefied natural gases, methane, ethane, propane, butane or hydrocarbons which may consist of one or more of the aforesaid gas either in the form of gas or liquid;

[Ins. Cap. A6.]

“general manager” means the general manager of a Port

Authority appointed under section 54;

[Sub. Ord. No. 3/72.]

“goods” includes baggage, containers, animals, livestocks, carcasses, minerals, gas, petroleum, timber logs and products, vehicles, machineries, equipment, and movable properties of whatever kind or description;

[Sub. Cap. A70.]

“Government” means the Government of the State of

Sarawak;

[Ins. Cap. A70.]

“land” has the same meaning as in the Land Code [Cap.

(1958 Ed.)];

“master”, when used in relation to a vessel, means the person, other than a pilot, in command or in charge of the vessel;

9

“member” means a member of a Port Authority, and includes its chairman and deputy chairman, or any person appointed by the

Minister to temporarily discharge the duties of a chairman;

[Sub. Cap. A70.]

“Minister” means the Minister having responsibilities for

State ports;

[Sub. Cap. A70.]

“non-seizable offence” has the same meaning as in the

Criminal Procedure Code [Act 593];

“owner”, when used in relation to goods, includes any consignor, consignee, shipper or agent of the owner for the sale, custody, loading, unloading, discharge or delivery of such goods;

and, when used in relation to any vessel, includes any charterer, part owner, operator, consignee or mortgagee in possession thereof or any duly authorized agent of any such person;

[Sub. Cap. A70.]

“petroleum” means any mineral oil, and includes crude petroleum and oil made from crude petroleum or other bituminous substances, petro-chemical products, gasoline, kerosene, diesel fuel, fuel oil and lubrication oil;

“pier” includes any stage, pier, stairs, landing place, jetty, barge or pontoon or other works connected therewith;

“pilot” means any person not belonging to or employed by a vessel who has the control or charge thereof whilst she is within the port limit;

[Ins. Cap. A70.]

“pipelines” means all parts of those physical facilities through which petroleum or gas is conveyed from one place or vessel to any other place or vessel by pipelines including any machine, equipment, apparatus, pipes, valves and other appurtenances attached to pipelines, pumps, compressor units, meters, regulators and any other fabricated assemblies;

10

“port” means any area declared to be a port under section 3A;

[Sub. Ord. No. 1/70; Sub. Ord. No. 5/71.]

“Port Authority” means a Port Authority established pursuant to Part II;

“port dues” means dues levied in respect of a vessel entering, using, leaving or plying in a port or in respect of goods conveyed by whatever means, including pipelines, through the limit of such port;

[Sub. Cap. A70.]

“port limit” means the limit of a port as declared pursuant to section 3A(2);

[Ins. Cap. A70.]

“port undertakings” means the undertakings of a Port

Authority that relate to the provision of any facility or service of any description in connection with the exercise of or the performance of its powers or its duties under this Ordinance or any other written law, and includes any movable or immovable property and the rights of a Port Authority that relate to such facility or service;

[Ins. Cap. A70.]

“Ports Manager” ... [Deleted by Ord. No. 3/72.].

“rates” means the rates or charges which a Port Authority may impose, under this Ordinance or its regulations, for any service rendered or for the use or hire of any of its facilities or equipment or premises;

[Sub. Cap. A70.]

“security force” means a security force established pursuant to Part X;

“State Ports Consultative Council” means the Council established pursuant to section 65;

[Ins. Cap. A70.]

“traffic manager” means a traffic manager appointed under section 48;

11

“transit shed” means a shed or godown used to receive goods off-loaded from, or for direct loading to, any ship or vessel;

“vessel” has the same meaning as in the Merchant Shipping

Ordinance, 1960 [Ord. No. 2/60];

“warehouse” includes all warehouses, buildings and premises in which goods, when landed from or for loading upon vessels may be lawfully placed;

“warehouseman” means the occupier of a warehouse;

“wharf” includes all wharves, quays, docks and premises in or upon which any goods when landed from or for loading upon vessels, may be lawfully placed;

“wharfinger” means the occupier of a wharf.