Maritime and Port Authority of Brunei Darussalam Act · s 46

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46.
No vessel to leave port without port clearance
(1) No vessel, other than a vessel referred to in subsection (3). shall leave the port without the owner, agent or master obtaining port clearance from the Port Master.
(2) The owner, agent or master of the vessel applying for port clearance under subsection (1) shall -

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Authority of Brunei Darussalam
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(a) provide to the Port Master within such time and by such means as the Port Master may determine -
(i) a general declaration of departure in such form as the
Port Master may determine;
(ii) a list of crew;
(iii) a list of passengers on board;
(iv) a copy of the manifest of goods on board and cargo loaded on or discharged at the port; and
(v) such other documents as may be required by the Port
Master; and
(b) if so required by the Port Master, produce for inspection the certificate of registry and other documents relating to the vessel.
(3) This section does not apply to -
(a) any ship of war;
(b) any vessel belonging to or for the time being in the service or employment of the Government unless such vessel is carrying or habitually carries cargo or passengers for freight or fares; and
(c) vessels which have been exempted from complying with this section by the Minister.
(4) If any vessel, not being exempted from complying with this section, leaves or attempts to leave the port without port clearance, the owner, agent or master of the vessel or any person who sends or attempts to send the vessel to sea is, if that owner, agent, master or person is party or
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privy to the offence, guilty of an offence and liable on conviction for every offence to a fine not exceeding $10,000. and the vessel, if she has not left
Brunei Darussalam waters. may be detained.
(5) No port clearance shall be granted to any vessel -
(a) whose owner, agent or master has not complied with the
Customs Order, 2006 (S 3912006) or any regulations made thereunder or any other written law relating to the import or export of goods into or from Brunei Darussalam; or
B.L.R.O. ? 2021

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Authority of Brunei Darussalum
(b) until the owner. agent or master of such vessel has declared to the Port Master the name of the country to which he claims that the vessel belongs, and if so required by the Port Master, has produced a the certificate of registry of the vessel; and the Port Master shall thereupon inscribe that name on the port clearance.
(6) Where under this Act or any other written law a vessel is to be detained, the Port Master shall, and where under this Act or any other written law a vessel may be detained the Port Master may, refuse to grant port
()
clearance to that vessel.
(7) The Port Master may refuse to grant port clearance to any vessel whose owner or master has not complied with, or has been charged with an offence under, any of the provisions of this Act or any other written law.
(8) The Port Master may refuse to grant port clearance to any vessel which has anchored in the submarine cable corridor unless the owner, agent or master of the vessel has deposited such sum of money or furnished such security as may be required by a public telecommunication licensee in order to meet the costs of making good the damage, whether actual or estimated by a public telecommunication licensee, to the submarine cable and its associated plant (in this section referred to as the submersible plant).
(9) Where a public telecommunication licensee has reason to believe that the submersible plant has been damaged by a vessel. the public telecommunication licensee may require the owner, agent or master of that vessel to carry out an inspection or survey of the submersible plant in such manner as it considers necessary.
(10) The expenses of any inspection or survey of the submersible plant carried out under subsection (9) shall be paid by the owner, agent or master of the vessel.
(1 1) For the purposes of this section -
"public telecommunication licensee" means the person designated by the Authority for Info-communications Technology Industry of
Brunei Darussalam under section 6 of the Telecommunications
Order, 2001 (S 3812001);
"submarine cable corridor" means the area designated by the Port
Master as the submarine cable corridor.

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CAP. 222 45

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s 46No vessel to leave port without port clearance

(1)

No vessel, other than a vessel referred to in subsection (3). shall leave the port without the owner, agent or master obtaining port clearance from the Port Master.

(2)

The owner, agent or master of the vessel applying for port clearance under subsection (1) shall -

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CAP. 222 43

(a)

provide to the Port Master within such time and by such means as the Port Master may determine -

(i)

a general declaration of departure in such form as the

Port Master may determine;

(ii)

a list of crew;

(iii)

a list of passengers on board;

(iv)

a copy of the manifest of goods on board and cargo loaded on or discharged at the port; and

(v)

such other documents as may be required by the Port

Master; and

(b)

if so required by the Port Master, produce for inspection the certificate of registry and other documents relating to the vessel.

(3)

This section does not apply to -

(a)

any ship of war;

(b)

any vessel belonging to or for the time being in the service or employment of the Government unless such vessel is carrying or habitually carries cargo or passengers for freight or fares; and

(c)

vessels which have been exempted from complying with this section by the Minister.

(4)

If any vessel, not being exempted from complying with this section, leaves or attempts to leave the port without port clearance, the owner, agent or master of the vessel or any person who sends or attempts to send the vessel to sea is, if that owner, agent, master or person is party or

privy to the offence, guilty of an offence and liable on conviction for every offence to a fine not exceeding $10,000. and the vessel, if she has not left

Brunei Darussalam waters. may be detained.

(5)

No port clearance shall be granted to any vessel -

(a)

whose owner, agent or master has not complied with the

Customs Order, 2006 (S 3912006) or any regulations made thereunder or any other written law relating to the import or export of goods into or from Brunei Darussalam; or

B.L.R.O. ? 2021

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Authority of Brunei Darussalum

(b)

until the owner. agent or master of such vessel has declared to the Port Master the name of the country to which he claims that the vessel belongs, and if so required by the Port Master, has produced a the certificate of registry of the vessel; and the Port Master shall thereupon inscribe that name on the port clearance.

(6)

Where under this Act or any other written law a vessel is to be detained, the Port Master shall, and where under this Act or any other written law a vessel may be detained the Port Master may, refuse to grant port

()

clearance to that vessel.

(7)

The Port Master may refuse to grant port clearance to any vessel whose owner or master has not complied with, or has been charged with an offence under, any of the provisions of this Act or any other written law.

(8)

The Port Master may refuse to grant port clearance to any vessel which has anchored in the submarine cable corridor unless the owner, agent or master of the vessel has deposited such sum of money or furnished such security as may be required by a public telecommunication licensee in order to meet the costs of making good the damage, whether actual or estimated by a public telecommunication licensee, to the submarine cable and its associated plant (in this section referred to as the submersible plant).

(9)

Where a public telecommunication licensee has reason to believe that the submersible plant has been damaged by a vessel. the public telecommunication licensee may require the owner, agent or master of that vessel to carry out an inspection or survey of the submersible plant in such manner as it considers necessary.

(10)

The expenses of any inspection or survey of the submersible plant carried out under subsection (9) shall be paid by the owner, agent or master of the vessel.

(1 1) For the purposes of this section -

"public telecommunication licensee" means the person designated by the Authority for Info-communications Technology Industry of

Brunei Darussalam under section 6 of the Telecommunications

Order, 2001 (S 3812001);

"submarine cable corridor" means the area designated by the Port

Master as the submarine cable corridor.

Maritime und Port

Authority o f Brunei Durussalan~

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