Section 9
of Sabah Ports Privatisation Enactment 1998
Section 9
(1)
No port undertakings included in any approved port privatisation plan shall be transferred to or managed by any person other than a person licensed by the Port
Authority under subsection (3).
(2)
Any application for the grant of a licence under this Part shall be made in writing and shall contain, or be accompanied by, such information and documents as may
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be specified by the Port Authority for the purposes of determining the application and the suitability of the applicant for the licence.
(3)
Upon receiving any application made in accordance with subsection (2), the
Port Authority may –
(a)
subject to the provisions of subsection (4) and the payment of such fees as the Port Authority thinks fit, issue the licence to the applicant;
or
(b)
refuse to issue the licence.
(4)
Every licence issued under subsection (3) shall set out the duration of the licence and shall further prescribe -
(a)
the types of services or facilities to be provided by the licensee;
(b)
the annual licence fee payable by the licensee;
(c)
the particular duties of the licensee in respect of the services or facilities provided by it; and
(d)
such other matters or conditions as the Port Authority thinks fit.
(5)
The issue of licence to a port operator by the Port Authority under subsection
(3)
shall not impose any liability on the Port Authority for any loss or damage occasioned by any act, omission or default of such operator.
Suspension and revocation of licence.