Malaysia legislation
Section 50
Section 50
(1)
The Authority may, with the approval of the Minister, make regulations for the maintenance, control and management of, and for the maintenance of good order in, any port and the approaches thereto and generally for carrying out the purposes of this
Enactment, and in particular and without prejudice to the generality of the foregoing power, may make regulations for or in respect of all or any of the following matters in any port or the approaches thereto –
(a)
regulating traffic and preventing and removing obstructions or impediments to navigation;
(b)
enforcing and regulating the use of navigation lights, signals and signal lights by vessels and the steps to be taken by vessels for the avoidance of collisions;
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(c)
regulating the berths to be occupied by vessels, and the removal of vessels from one berth to another berth or from one berth to another station or anchorage, and the time within which such removal shall be effected;
(d)
regulating, declaring and defining the wharves, docks, piers and places on and from which goods shall be landed from and shipped in vessels;
(e)
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;
(f)
regulating the safe and convenient use of docks, wharves, piers, landing places, warehouses, sheds and places, of any ferry service maintained by the Authority;
(g)
regulating the reception, storage and removal of goods, within and from the premises of the Authority and 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;
(h)
regulating the anchoring, fastening, mooring and unmooring, and warping of all vessels and the use of warps, mooring buoys, chain and other moorings and the granting of permission on such conditions as the Authority may think fit, for the keeping or placing of private moorings or buoys;
(i)
regulating traffic, preventing obstruction and keeping order on wharves and docks and for ensuring the safety of the same and any cargo thereon;
(j)
regulating the use of fires and lights and the signals to be used and measures to be taken in case of fires in any port;
(k)
the information to be supplied by the masters, owners and other persons in respect of vessels arriving and departing and of goods
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loaded or discharged at the wharves and premises of the Authority and the time and manner in which such information shall be supplied;
(l)
regulating the use by vessels of whistles, sirens and other like instruments;
(m)
prohibiting clipping, scaling or noisy repairs on vessels or the breaking up of vessels except at such places and at such times as may be prescribed;
(n)
keeping clean the basins, works and premises of the Authority and the waters adjacent thereto and for preventing oil, filth, rubbish or other thing being thrown or entering therein or thereon;
(o)
settling the mode of payment of dues or charges leviable under this
Enactment, facilitating their collection and preventing their evasion;
(p)
prohibiting any operation which in the opinion of the Authority is undesirable;
(q)
otherwise for the more effectual carrying out of the provisions of this
Enactment.
(2)
The Authority shall, with the approval of the Minister, make regulations for the conveyance, discharging and storage of dangerous goods within the limits of a port and in particular and without prejudice to the generality of the foregoing for all or any of the following matters –
(a)
classifying goods as dangerous goods;
(b)
regulating the navigation and place of berthing of vessels carrying dangerous goods;
(c)
regulating the mode of storing and keeping dangerous goods on board vessels;
(d)
regulating and controlling the lighterage, landing, loading and discharging of dangerous goods;
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(e)
prohibiting or subjecting to conditions and restrictions the conveyance of any kind of dangerous goods with any other kind of goods, articles or substances;
(f)
prohibiting the loading or discharging of dangerous goods at any place where such loading or discharging appears specially dangerous to the public;
(g)
fixing the places and times at which dangerous goods are to be loaded or discharged at any one time;
(h)
regulating the mode of, and the precautions to be observed in, conveying or keeping dangerous goods and in the loading or discharging of the same;
(i)
fixing the times at which lights or fires are to be allowed or not allowed on board vessels carrying dangerous goods;
(j)
generally for protecting, whether by means similar to those above mentioned or not, persons and property from danger.
(3)
The Authority may, in making any regulations under this section, provide that any contravention of or failure to comply with any such regulation shall be an offence and may prescribe as a penalty for any such offence a fine of one thousand ringgit, and in the case of a continuing offence a fine of fifty ringgit, for every day or part of a day during which such offence is continued after the date of a conviction therefor.
Power of Authority in relation to vessels.