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South Africa
NATIONAL LEGISLATION OVERVIEWS
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National Ports Act, No. 12 of 2005

Long title


To provide for the establishment of the National Ports Authority and the Ports Regulator; to provide for the administration of certain ports by the National Ports Authority; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

CONTENTS

CHAPTER 1. DEFINITIONS AND OBJECTS OF ACT
1.  Definitions
2.  Objects of Act

CHAPTER 2. ESTABLISHMENT AND INCORPORATION OF AUTHORITY
3.  Process before establishment of Authority
4.  Conversion of Authority
5.  Authority’s memorandum and articles of association
6.  Non-application of provision of Companies Act
7.  Certain provisions of Companies Act may be declared inapplicable to
8.  Authority
9.  Authority’s financial year

Judicial management and liquidation
10.  CHAPTER 3. PORTS UNDER JURISDICTION OF AUTHORITY AND FUNCTIONS OF AUTHORITY
11.  Functions of Authority
12.  Aims of Authority
13.  Co-operative governance

CHAPTER 4. BOARD, STAFF AND ASSETS OF AUTHORITY
14.  Composition of Board
15.  Nomination and appointment of members of Board
16.  Functions of Board
17.  Persons disqualified from membership of Board
18.  Terms of office of members of Board
19.  Disclosure of interest by members of Board
20. Meetings of Board
21.  Delegation and assignment of functions by Board
22.  Appointment of chief executive officer
23.  Functions of chief executive officer
24.  Vacating of and removal from office of chief executive officer
25.  Acting chief executive officer
26.  Appointment and transfer of staff of Authority
27.  Transfer of ports, land and other rights and obligations
28.  State guarantees

CHAPTER 5. PORTS REGULATOR
29. Establishment of Regulator
30. Functions of Regulator
31. Nomination and appointment of members of Regulator
32. Disclosure of interests and certain prohibitions
33. Vacation of office of members of Regulator
34. Appointment of Regulator’s chief executive officer
35. Vacating of and removal from office of Regulator’s chief executive officer
36. Regulator’s acting chief executive officer
37. Secretariat of Regulator
38. Services of non-employees
39. Meetings of Regulator
40. Minutes of meetings
41. Decisions of Regulator
42. Funding of Regulator
43. Accounting and accountability
44. Annual report
45. Delegation of powers
46. Appeals
47. Complaint against Authority
48. Investigation of complaint
49. Hearings before Regulator
50. Right to participate in hearing
51. Taking of evidence at hearing
52. Rules of procedure
53. Interim relief
54. Orders of Regulator
55. Winding up and dissolution of Regulator

CHAPTER 6. PROVISION OF PORT SERVICES AND PORT FACILITIES AND USE OF LAND
56. Agreements in port operations and services
57. Licence regarding port services and facilities
58. Conditions of licence
59. Restrictions on transfer of licence
60. Suspension or cancellation of licence
61. Directives affecting licensed operators and other persons
62. Duties of licensed operators
63. Routine inspections
64. Special powers in emergency
65. Operations existing on commencement of Act
66. Off-shore cargo-handling facilities
67. Restructuring and reform of ports

CHAPTER 7. DEVELOPMENT, ENVIRONMENT AND CLOSURE OF PORTS
68. Planning, construction, development and maintenance of ports
69. Protection of environment
70. Closure of port

CHAPTER 8. COMMERCIAL ASPECTS
71. Commercial functions of Authority
72. Authority’s tariff book
73. Fees payable to Authority

CHAPTER 9. SAFETY ASPECTS
74. Safety of navigation and shipping in ports
75. Pilotage
76. Liability of pilot
77. Certification and licensing of pilot
78. Lighthouses and other navigational aids

CHAPTER 10. MINISTERIAL DIRECTIONS AND PORT REGULATIONS
79. Ministerial direction
80. Port regulations

CHAPTER 11. GENERAL
81. Port Consultative Committee
82. National Port Consultative Committee
83. Port access
84. Co-operation with authorities
85. Liability of Authority
86. Confidential information
87. Offences
88. Amendment of law
89. Repeal of law, and saving
90. Short title and commencement
 
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