Malaysia legislation
Section 9
Section 9
⎯(1)
Subject to this Ordinance and to any directions issued by the Minister, it shall be the duty of a Port Authority⎯
(a)
to maintain, or provide for the maintenance of, adequate and efficient port services and facilities for all users of the port;
(b)
to co-ordinate the activities of the port;
(c)
to promote the improvement and development of the port;
(d)
to regulate and control the transportation through, into or out of a port of any cargo or goods from any place or vessel to any other place or vessel by any means or mode, including the conveyance of petroleum or gas by pipelines, both onshore or offshore, on land or underground, in water or underwater; and
(e)
to execute such works as may be necessary to the performance of the duties specified in paragraphs (a), (b), (c) and
(d)
.
[Am. Ord. No. 1/68; Am. Cap. A6.]
(2)
For the purpose of carrying out the duties imposed upon it by subsection (1), a Port Authority may, subject to subsection (3) and to any directions issued by the Minister, but without prejudice to any other powers conferred upon it by this or any other written law, exercise any of the powers specified in the Second Schedule.
[Am. Ord. No. 1/68.]
(3)
A Port Authority shall ensure that⎯
(a)
its annual revenues are, taking one financial year with another, sufficient to meet the payment of all charges specified in section 15; and
(b)
no person is given any undue preference or is subject to any undue disadvantage as compared with any other person.
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(4)
Land required for the purpose of a Port Authority or the development of any port or port facilities by an approved port operator shall, for the purpose of section 46 of the Land Code [Cap. 81 (1958
Ed.)], be deemed to be land required for a public purpose, so that if any land is resumed by the Government for a Port Authority or an approved port operator, that Port Authority or the approved port operator shall, upon demand by the Government, reimburse the
Government in respect of compensation paid for the land so resumed and all expenses incurred by the Government in connection with such resumption.
[Sub. Cap. A70.]
(5)
The Majlis Mesyuarat Kerajaan Negeri may, by Order, exempt any Port Authority from, or modify in its application to a Port
Authority or its property, the provisions of any written law⎯
(a)
relating to local councils, or made by any such council;
(b)
relating to revenue; or
(c)
relating to town and country planning, land or the subdivision of land.
[Am. Ord. No. 9/76; Am. Cap. A28.]
(6)
No Port Authority shall, without the prior approval of the
Majlis Mesyuarat Kerajaan Negeri, transfer or charge any immovable property:
Provided that this subsection shall not apply to any sublease by a
Port Authority for a term not exceeding fifteen years for any purpose connected with or incidental to the normal operation of a port or the transfer or sublease of any immovable property to an approved port operator.
[Am. Ord. No. 9/76; Am. Cap. A28; Am. Cap. A70.]
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Functions of general manager of a Port Authority