Ports And Harbours Ports Harbours And Dues Regulations 2008

Citation and commencement

“customs officer” has the meaning assigned to the words “officer of customs” in section 2 of the Customs Act 1967 [Act 235];

“Department” means State Department of Ports and Harbours;

“Director” means Director of the State Department of Ports and Harbours;

“Enactment” means the Ports and Harbours Enactment 2002 [No. 5 of 2002];

“goods” includes livestock, minerals and wares and merchandise of every description;

“GRT” means the Gross Registered Tonnage;

“harbours” has the meaning as assigned to it in section 2 of the Enactment;

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“health officer” means any person appointed as such by the State Director of

Health;

“immigration officer” has the meaning assigned to the words “immigration officer” in section 2 of the Immigration Act 1959/63 [Act 155];

“pilot” means any person licensed as a pilot under regulation 4 of the Ports and

Harbours (Pilotage) Regulations 2008;

“owner” when used in relation to goods shall include any consignor, consignee, shipper or agent for the sale, custody or control of such goods and when used in relation to any vessel shall include a manager or secretary of any body or person, corporate or incorporate, any part-owner, charterer, consignee or mortgagee in possession of the vessel;

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

“port officer” means any officer appointed under subsection 4(2) of the Enactment to be in charge of any port as maybe determined by the Director;

“rates” includes any toll, dues, rent, fee or charge leviable under these Regulations;

“safe speed” means speed at which a vessel can take proper and effective action to avoid a collision and can be stopped within a distance appropriate to the prevailing circumstances and conditions;

“vessel” has the meaning assigned to it in section 2 of the Enactment.

Port limits

The places specified in the First Schedule are hereby prescribed as ports and the limits thereof shall be the areas described therein.

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The places specified in the Second Schedule are hereby prescribed as anchorages and the limits and radiuses shall be the areas described therein.

Quarantine, general, mid-stream, containers and tanker anchorages and prohibited anchorages shall be those defined in the Third Schedule and shall only be used as specified in the Schedule.

No vessel shall afloat or anchor in any of the prohibited anchorage specified in the

Second Schedule except when passing through or from a wharf berth.

No vessel shall anchor, berth, moor, lie or loiter –

Any vessel anchoring for the purpose of lay up shall comply with the Ports and

Harbours (Laid-Up Vessels) Regulations 2008.

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Arrival and departure flags signals

The master of every ship entering or leaving port between sunrise to sunset shall hoist the Malaysia ensign and the signal letters. The signal letters may be lowered when the ship is safely berthed and cleared but the Malaysia Ensign shall be exhibited from sunrise to sunset during the ship stay in port or anchorage.

The master of every vessel, other than a small ship trading within coastal trade limits, shall report his arrival in the form as prescribed in the Fourth Schedule and at the same time shall hand in his last port clearance and document of security to the relevant

Government Department or agency.

The master of every vessel, other than a small ship trading within coastal trade limits, upon entering or leaving any port as specified in the First Schedule shall, if called upon to do so, produce to the port officer any or all of the documents as specified in the

Fifth Schedule.

The master of every vessel arriving from outside Sabah shall exhibit the special signals contained in the Sixth Schedule and any such signal shall not be lowered until the instructions has been given.

No vessel shall approach to shore for the purpose of embarking or disembarking crew or passengers except at a designated landing point.

No vessel shall approach within two cables of any other vessel which is exhibiting those signals as mentioned in Sixth Schedule.

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No person other than a pilot for the purpose of his duties may board or disembark from any vessel, whether at anchor or alongside any wharf, until the vessel is cleared inwards and the related signals, if any, have been given instructions to be lowered.

Every vessel entering or leaving any port limits shall execute efficiently instructions relating to the control of vessels traffic flow directed by the port control prior to any follow up action for whatsoever intended operations in port by other parties.

Any port clearance already issued under regulation 17 may be withdrawn if any breach of any law is discovered subsequent to the original issue of such clearance.

Compliance with instructions

Every person in charge of a vessel shall comply with the instructions of the port officer, who may order such vessel to anchor or berth in any place he may direct, or prohibit anchoring or berthing in any place at any time, and who may order the vessel to be removed to another place within or outside the limits of the port, and such order shall be carried out by the master with immediate effect.

All vessels whether lying at anchor or moored or navigating within port limits shall exhibit the respective lights and shapes as required by the Collision Regulations at Sea 1972.

Mechanically-driven vessels under way in any river or port shall proceed with due caution and at a safe speed.

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Any vessel causing by her wash shall be held primarily responsible for such damage in the absence of any contributory negligence on the part of the owner or person in charge of the property or vessels so damaged.

The master or owner of a vessel shall be responsible for any insecure or improper mooring, anchoring or berthing of that vessel and for any damage caused by any defective mooring, anchoring or berthing or of any appliances used in connection therewith.

The safety of any vessel using the wharf shall be the sole responsibility of the vessel’s master or owners.

Vessels coming alongside any wharf or other vessels shall be ready to provide and use suitable fenders of such material as will float and shall employ tugs assistance as required under the Ports and Harbours (Towage) Regulations 2008.

No person shall voluntarily sink, permanently strand, or voluntarily permit to be sunk or permanently stranded, any vessel or other craft in any port limits or harbours without first obtaining the permission of the port officer.

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The master of a vessel shall report immediately to the port officer the loss of any anchor or cable, or any obstruction caused by cargo dropped overboard within any port limits stating the position on the chart.

Report on damage to property, birth or death on board

In the event of any accident, damage to private or public property, or any birth or death or any casualty occurring to or on board any vessel within the port limits, the master shall report the same in writing to the port officer.

No steam whistle, siren, mechanical horn or other like instrument shall be used within port limits except –

No person shall, without the permission of a port officer, load or discharge any cannon, gun, firearm or firework on any vessel in any port limits or harbour.

The signals to be exhibited in emergencies and certain circumstances in port limits are prescribed in the Sixth Schedule and International Code of Signals (INTERCO).

No person shall exhibit a bright light such as a flood light in any port limits or from onshore projecting towards any area in the port limits in such a manner as to endanger navigation.

No vessel shall use an internal combustion engine in any port limits unless the exhaust pipe is fitted with an efficient silencers and proper meshes.

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Efficient, easy and safe means of access shall be provided to every vessel anchored or berthed within any port limits and such means of access shall be adequately illuminated from sunset to sunrise.

The Director may provide reception facilities for tank-clearing waste from any vessel provided that the owner or master of the vessel has notified the Director within a reasonable time.

No vessel shall emit smoke, soot, ash, grit or oil from the funnel within port limits in such quantity as to be a nuisance.

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All wharves other than Government wharves, shall, if the Director deems it necessary, display lights of sufficient illuminations on such wharves with such colours, characteristics and in such position as the Director may require.

The Director or any officer authorized by the Director may at any time enter and inspect any structure constructed or any activities being carried out in any ports, harbours and rivers for the purpose of protecting and improving the navigability of such ports, harbours and rivers.

Dues payable

There shall be payable in respect of ports and harbours dues the amount as specified in the Seventh Schedule.

Regulations commits an offence and shall on conviction be liable to a fine not exceeding

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five hundred thousand ringgit or for a term of imprisonment not exceeding two years or to both.

FIRST SCHEDULE

[Regulation 3 and 11]

PORTS AND LIMITS

Gaya Bay bounded by a line drawn from Tanjung Aru on the mainland to the most northerly point of Gaya Island and a line thence to Gaya Head with the passages and rivers entering the same

Kudat Bay bounded by a line drawn from Tiga Samil Point to Sandilands Rock and thence to Tanjung Kapor with all passages and rivers entering the same.

A line drawn from Tanjung Melandong on the south-west point of Darvel Peninsula to the most westerly point of Sakar Island and thence to the mainland with all passages and rivers entering the same.

A line drawn from Tanjung Sakat to Tanjung Klias and thence to the north or true right bank at the mouth of Sungai Kalidoran.

Sandakan Bay bounded by a line drawn in a west-south-west direction from the northern point of Berhala Island to the mainland, and by another from the same point on Berhala Island to the most eastern extremity of Tanjung Aru on the south side of the bay together with all passages and rivers entering the same.

Northern limit, from the north point of Tanjung Tabu-tabu to the north point of

Tanjung Manimpa. Southern limit, from the south point of Tanjung Hampalan Kajang

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towards west-south-west direction to the mainland.

A line drawn from the point where the boundary of Sabah and Sarawak meets the sea to the north or true right bank at the mouth of the Sungai Lakutan.

A line drawn from Batu Tinagat on the mainland to the boundary mark on Sebatik

Island between Kalimantan Indonesia and Sabah and thence through the Island to

Blurs Point on the mainland, and thence intersecting all waterways to the west of

Blurs Point entering the Serudong River.

A straight line drawn from the western extreme of Usukan Island to the north side to

Ambong Point on the south side. (Extended to include Ambong Bay).

A line drawn from the north or true right bank at the mouth of the Sungai Kalidoran to the north or true right bank at the mouth of the Sungai Lakutan.

A straight line drawn from Shoal Point to Bagahak Point.

Kimanis Bay bounded by a line drawn from the most westerly point of Tanjung

Nosong passing through the most south easterly point of Pulau Tiga; and by another line from the most westerly point of Kuala Papar due west and where intercept.

The waters contained west of longitude 1190 10’ East and North of latitude 040 57’.

The waters contained west of longitude 1180 20’ East between the parallels of

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latitude 040 40’ and 40 45’ North.

SECOND SCHEDULE

[Regulation 4, 6 and paragraph 7(d)]

ANCHORAGES

As directed by the port officer or his behalf.

Mempakul

As directed by the port officer or his behalf.

Semporna

As directed by the port officer or his behalf.

Sipitang

974, and its Protocol of 1988: articles, annexes and certificates,

(Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, (1) All ships.

Note: All certificates to be carried on board must be original copies.

1974, and its Protocol of 1988: articles, annexes and certificate,

(Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, (1) All ships and in addition to the certificates listed in (1), Passenger ships shall carry –

1974, and its Protocol of 1988: articles, annexes and certificate,

(Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and Certificates required to be carried on board ships, in addition to

1974, and its Protocol of 1988: articles, annexes and certificate,

(Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, in addition to

1974, and its Protocol of 1988: articles, annexes and certificate,

(Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, in addition to

1974, and its Protocol of 1988: articles, annexes and certificate,

(Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, in addition to

1974, and its Protocol of 1988: articles, annexes and certificate,

(Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, in addition to

1974, and its Protocol of 1988: articles, annexes and certificate,

(Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, in addition to