National Ports Act, 2005 (Act No. 12 of 2005)

Chapter 3 : Ports under Jurisdiction of Authority and Functions of Authority

11. Functions of Authority

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(1)The main function of the Authority is to own, manage, control and administer ports to ensure their efficient and economic functioning, and in doing so the Authority must—
(a)plan, provide, maintain and improve port infrastructure;
(b)prepare and periodically update a port development framework plan for each port, which must reflect the Authority’s policy for port development and land use within such port;
(c)control land use within ports, and has the power to lease land under such conditions as the Authority may determine;
(d)provide or arrange for road and rail access within ports;
(e)arrange for services such as water, light, power and sewerage and telecommunications within ports;
(f)maintain the sustainability of the ports and their surroundings;
(g)regulate and control—
(i)navigation within port limits and the approaches to ports;
(ii)the entry of vessels into ports, and their stay, movements or operations in and departures from ports;
(iii)the loading, unloading and storage of cargo and the embarkation and disembarkation of passengers;
(iv)the development of ports;
(v)off-shore cargo-handling facilities, including navigation in the vicinity of such facilities;
(vi)pollution and the protection of the environment within the port limits;
(vii)the enhancement of safety and security within the port limits;
(h)ensure that adequate, affordable and efficient port services and facilities are provided;
(i)exercise licensing and controlling functions in respect of port services and port facilities;
(j)ensure that any person who is required to render any port services and port facilities is able to provide those services and facilities efficiently;
(k)promote efficiency, reliability and economy on the part of the licensed operators in accordance with recognised international standards and public demand;
(l)promote the achievement of equality by measures designed to advance persons or categories of persons historically disadvantaged by unfair discrimination in the operation of facilities in the ports environment;
(m)prescribe the limits within which and the levels to which dredging may be carried out in the ports and the approaches thereto;
(n)provide or arrange for tugs, pilot boats and other facilities and services for the navigation and berthing of vessels in the ports;
(o)provide, control and maintain vessel traffic services;
(p)promote the use, improvement and development of ports;
(q)advise on all matters relating to the port sector, port services and port facilities;
(r)promote greater representivity, in particular to increase the participation in terminal port operations of historically disadvantaged persons;
(s)exercise the licensing of the erection and operation of off-shore cargo-handling facilities and services relating thereto;
(t)discharge or facilitate the discharge of international obligations relevant to ports;
(u)facilitate the performance of any function of any organ of state in a port;
(v)promote research and development in the spheres of port services and facilities.

 

(2)The Authority may—
(a)undertake any other activities within a port that encourage and facilitate the development of trade and commerce for the economic benefit and interest of the national economy;
(b)collaborate with educational institutions for the promotion of technical education regarding port services and facilities;
(c)provide any service, including a port service or the operation of a port facility, which is required for the safe, efficient and orderly operation or management of a port;
(d)perform such other functions as may be necessary in order to achieve the objects of this Act;
(e)encourage and facilitate private and public sector investments and participation in the provision of port services and facilities;
(f)enter into agreements in terms of this Act.

 

(3)The Authority may enter into any agreement with any other statutory body or organ of state in order to co-ordinate and harmonise the performance of functions similar or related to those of the Authority.

 

(4)The Authority as an operator of last resort must do everything reasonably necessary for the effective and economic management, planning, control and operation of ports.

 

(5)The Authority must—
(a)annually report to the Minister, and for that purpose section 44 applies with the necessary changes; and
(b)submit a copy of that report to the Shareholding Minister.