In force2021 Revised Edition

Contents

Maritime and Port Authority of Brunei Darussalam Act · 2021 Revised Edition · Part 5

27. Rates, charges, dues etc. payable to Authority

(1)

Subject to the provisions of this Act, the Authority may levy such rates, charges and fees as the Authority may, with the approval of the

Minister of Finance and by notification published in the Gazette, prescribe for the use of services and facilities provided by the Authority.

(2)

The Authority may make such charges as it thinks fit for services or facilities provided or goods supplied by it in pursuance of the power conferred by this Act or any other written law in respect of which no rates, charges or fees have been prescribed under subsection (1).

(3)

The Authority may require any person to hrnish such security as the Authority may think fit for the payment of any rates. charges. fees and dues payable under this Act or for any other purpose of this Act.

(4)

The Authority may determine the fees to be paid in respect of the issue or renewal of any licence or permit issued under this Act or any regulations made thereunder.

(5)

The Authority may, if it thinks fit, remit or waive the whole or any part of any rates, charges, dues and fees paid or payable under this Act.

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(6)

The owner, agent or master of every vessel which calls at the port of Brunei Darussalam shall pay to the Authority such maritime welfare fee as the Authority may, with the approval of the Minister and by notification published in the Gazette, prescribe.

(7)

The owner, agent or master of every vessel which enters, leaves, uses or plies within the port or calls at Brunei Darussalam shall pay to the

Authority such port dues and pilotage dues as the Authority may. with the approval of the Minister and by notification published in the Gazette, prescribe.

(8)

The Authority may, with the approval of the Minister and by notification published in the Gazette, levy such goods dues as are prescribed on goods brought into or taken out of such private wharf or premises (by any means of transportation) as may be specified in the notification.

(9)

Goods dues shall be paid by -

(a)

the owner or occupier of such wharf or premises;

(b)

the owner of the vehicle or vessel used in the carriage of the goods into or out of the wharf or premises or otherwise; or

(c)

any other person authorised to act as agent for the owner of such vehicle or vessel in the carriage of such goods into or out of the wharf or premises or otherwise.

(10)

The Authority may recover such goods dues from any of the persons mentioned in subsection (9).

( 1 1)

A rate, charge, fee or due exigible by virtue of this section may be recovered by the Authority in any court of competent jurisdiction as if it were a simple contract debt.

(12)

Maritime welfare fees under this section shall not be payable in respect of -

(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 goods or passengers for freight or fares; and

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Authorig of Brunei Darussalan~

(c)

any vessel or class of vessels which has or have been exempted from the operation of this section by the Minister.

(13)

The rates, charges, fees and dues applied by the Marine

Department or Ports Department immediately before the appointed day shall continue to be valid as though determined by the Authority under this section until rescinded, varied or otherwise determined by the Authority.

Read on from Part

Part

General

Read on from Part

27. Rates, charges, dues etc. payable to Authority

Part 6

Employment of Seamen

Regulation of Port

Removal of Vessel and Aircraft Sunk and Other Obstruction

Pilotage

Regulation and Control of Seaward Activities

Licensing of Marine and Port Services and Facilities

Control of Relevant Public Licensees

Liability of Authority

Offences

General

Schedules