Malaysia legislation

Section 15

of Ports And Harbours Enactment 2002

Section 15

(1)

The Minister may, make regulations –

(a)

to regulate the speed of vessels between any definite points or in any defined port and harbour or river;

(b)

to regulate and control pilotage within the waters in ports and harbours and rivers;

(c)

to regulate and control detention of ships within the waters in ports and harbours;

(d)

to regulate the navigation, movement and anchorage of vessels in any ports, harbours and rivers;

(e)

to regulate traffic and obstruction in ports and harbours and any river;

(f)

to prevent erosion and damage to foreshores and river banks caused by marine craft wash;

(g)

to prevent collision involving vessels in ports, harbours and rivers;

(h)

to prohibit the use of certain rivers or water-courses by vessels having more than a certain draught;

(i)

to restrict and control any class or description of vessels from operating in certain rivers or water-courses and to restrict the area within which any class or description of vessel may ply in the river or water-course;

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(j)

to regulate the usage of navigational lights to be displayed by vessels at night;

(k)

to regulate the manner in which vessels shall be loaded and the precautions to be taken for ensuring the safety of passengers;

(l)

to regulate the conditions subject to which, and the times at which, goods or passengers may be loaded or taken into or out from vessels;

(m)

to provide for the precedence to be observed as between traffic proceedings in the same direction or in opposite direction or when crossing in a river;

(n)

to regulate for the conduct of passengers boarding, travelling in or alighting from vessels and of intending passengers waiting to board a vessel;

(o)

to regulate landing places, wharves, jetties or ports, and to prohibit the use of any landing place, wharf, jetty or port not so prescribed;

(p)

to regulate the towing or drawing of vessels by other vessels and the manner of attachment;

(q)

to fix the maximum fares that may be charged for passengers or freight;

(r)

to regulate for the establishment of an inquiry committee to investigate accidents or casualties occurring to vessels in any river or watercourse;

(s)

to prescribe forms;

(t)

to fix fees;

(u)

to regulate a Riverine Traffic Code;

(v)

to regulate any matter which this Enactment is required to be regulated;

(w)

generally for the purpose of protecting and improving the navigability of ports, harbours, waters, rivers or watercourses;

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(x)

to provide for the offences under this Enactment or regulations made thereunder which may be compounded, the persons who may compound, the limit of the sum of money to be collected for compounding such offences and the procedure and forms to be complied when compounding;

(y)

to regulate licensing ships under 15 net registered tonnage and other matters connect therewith; and

(z)

such other purposes which may be considered to be necessary for carrying out the provisions of this Enactment.

(2)

Until the Minister makes such regulations relating to the control of traffic on water in ports, harbours or on rivers and in the foreshores within the State and other matters connected therewith have been made under subsection (1), the provisions contained in the Merchant Shipping Ordinance, 1960 and its subsidiary legislation, shall, in so far as they are not inconsistent with this Enactment, apply to vessels operating in such areas, subject to such modifications and adoptions as may be necessary.

CERTIFIED by me to be a true copy of the Bill passed by the Legislative Assembly on

Friday, the 25th day of October, 2002.

DATUK FRANCIS T.N. YAP,

Deputy Speaker,

Sate Legislative Assembly.