Malaysia legislation
Section 64
Section 64
⎯(1)
A Port Authority may, with the approval of the
Majlis Mesyuarat Kerajaan Negeri, make regulations for carrying this
Ordinance into effect and, without prejudice to the generality of the foregoing, such regulations may⎯
[Am. Ord. No. 10/65; Cap. A6; Cap A28.]
(a)
provide for the levying of dues and rates and the mode and procedure for the enforcement of payment thereof;
51
(b)
provide different dues or rates for different classes of vessels, passengers, cargo or goods;
(c)
provide that a Port Authority may enter into a special agreement in respect of any matter coming under section 32;
(d)
provide for the exemption of any vessel, passenger, cargo or goods or any class of vessel, passengers, cargo or goods, from all or any dues or rates, or for the remission of any such dues or rates or of any part thereof;
[Sub. Ord. No. 10/65.]
(e)
prohibit, control or regulate the laying, placing, erection and maintenance of pipelines, cables or other structures within the limits of the port;
(f)
provide for the levying of dues on all petroleum or gas conveyed or transported through, into or out of the port by means of pipelines;
(g)
provide for the levying of port dues on cargo or goods transported through, into or out of the port;
(h)
provide for the levying of dues on pipelines, cables or any floating or other structures laid, placed, erected or maintained on land or underground, in or under the waters;
(i)
prescribe the offences which may be compounded and the procedures and conditions for compounding of such offences;
[Ins. Cap. A70.]
(j)
provide for the use of pilot or pilotage services, to be approved by a Port Authority, by vessels within a port limit;
[Ins. Cap. A70.]
52
(k)
provide for the procedure for seizure, forfeiture or disposal of goods and other things seized or detained under this
Ordinance;
[Ins. Cap. A77.]
(l)
provide for all matters or things which this Ordinance are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Ordinance.
(1A)
The Majlis Mesyuarat Kerajaan Negeri may make regulations on the matters stipulated in subsection (1) in relation to or for the purposes of an approved port operator and may confer such powers and authority on an approved port operator to enforce compliance with such regulations.
[Ins. Cap. A70.]
(2)
All regulations made under subsections (1) and (1A) shall be laid before the Dewan Undangan Negeri at the next meeting thereof following the publication of such regulations in the Gazette, and may be amended by resolution of the Dewan Undangan Negeri moved at that meeting or at any subsequent meeting.
[Am. Ord. No. 9/76; Am. Cap. A70.]
(3)
A Port Authority may make bylaws for⎯
(a)
the proper conduct of the business of a Port Authority including the preservation of its property and the safety of operations within its premises;
(b)
prescribing the conditions of business to which the liability of a Port Authority shall be subject in its capacity as a carrier of passengers, as a wharfinger and as a warehouseman;
[Ins. Ord. No. 10/65.]
53
(c)
specifying the officer to whom, the place at which and the time within which⎯
(i)
returns or information required by a Port
Authority shall be delivered; and
(ii)
dues or rates shall be paid;
[Ins. Ord. No. 10/65.]
(d)
prohibiting, controlling and regulating the entry of persons and goods to any land or premises under the control of a
Port Authority;
[Ins. Ord. No. 10/65.]
(e)
such particulars relating to ships entering or leaving a port as may be required for the purposes of Part V, and the form of such particulars and time in which they shall be supplied.
[Sub. Ord. No. 10/65.]