National Ports Act, 2005 (Act No. 12 of 2005)Chapter 3 : Ports under Jurisdiction of Authority and Functions of Authority11. Functions of Authority |
| (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. |