National Ports Act, 2005 (Act No. 12 of 2005) Chapter 1 : Definitions and Objects of Act 1. Definitions

 

 

"agreement"

includes any form of concession or partnership;

 

"Authority"

means, subject to section 3, National Ports Authority Limited,  contemplated in section 4;

 

"Board"

means the board of directors of the Authority contemplated in Chapter 4;

 

"Companies Act"

means the Companies Act, 1973 (Act No. 61 of 1973);

 

"concession"

means a concession agreement entered into in terms of section 56;

 

"family member"

means a parent, child or spouse of a person, and includes a  partner living with that person as if they were married to each other;

 

"Harbour Master"

means an employee of the Authority contemplated in section 74(3);

 

"incorporation date"

means the date on which the Authority is incorporated as a company in terms of section 4;

 

"Legal Succession Act"

means the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989);

 

"licence"

means a licence to provide a port service or operate a port facility, issued in terms of section 57 or deemed to be held in terms of section 65 and "licensed" must be interpreted accordingly;

 

"licensed operator"

means a person licensed, or deemed to be licensed, to provide a port service or operate a port facility;

 

"Minister"

means the Minister of Transport or a duly appointed representative;

 

"National Ports Authority (Pty) Ltd"

means the Transnet subsidiary company contemplated in section 3(2);

 

"National Ports Authority of South Africa"

means the business unit or division of Transnet which immediately prior to the commencement of the Act constituted and was known as the "National Ports Authority of South Africa";

 

"National Port Consultative Committee"

means a committee set up in terms of section 82;

 

"navigational aids"

means lighthouses, radio navigational aids, buoys, beacons and any other device or system used to assist the safe and efficient navigation of vessels;

 

"off-shore cargo handling facility"

means an off-shore facility within or beyond the port limits used for the transfer of cargo from a vessel to the land and vice versa;

 

"partnership"

includes a public-private partnership and a public-public partnership;

 

"PFMA"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"pilot"

means a person licensed in terms of section 77 to provide pilotage services;

 

"port"

means any of the ports of Richards Bay, Durban, East London, Nqura, Port  Elizabeth, Mossel Bay, Cape Town, Saldanha Bay, Port Nolloth or a port which has been determined as such in terms of section 10(2);

 

"Port Consultative Committee"

means a committee appointed in terms of section 81;

 

"port infrastructure"

means the basic structure of a port, including breakwaters, seawalls, channels, basins, quay walls, jetties, roads, railways and infrastructure;

 

"port repair facilities"

means dry docks, vessel repair facilities within a port and any other facilities which are designated as such by the Authority by publication in the Gazette;

 

"port services"

means stevedoring, cargo handling, terminal operations, storage of cargo within a port, tug services, floating crane services, berthing services, fire  fighting, security, radio and radar services, waste disposal, vessel repairs and any other services provided within a port which are designated as such by the Authority by notice in the Gazette;

 

"port terminal"

means terminal infrastructure, cargo-handling equipment, sheds and other land-based structures used for the loading, storage, transshipment and  discharging of cargo or the embarkation and disembarkation of passengers;

 

"prescribe"

means prescribe by regulation;

 

"regulation"

means any regulations promulgated under this Act;

 

"Regulator"

means the Transport Economic Regulator established by section 29 of the Economic Regulation of Transport Act, 2020;

[Definition substituted by section 1(1) of Schedule 1: Consequential Amendments of The Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024 - Commencement of Certain Parts of The Economic Regulation of Transport Act, 2024 per Proclamation Notice 224, GG51623 dated 19 November 2024]

 

"Shareholding Minister"

means the Minister of Public Enterprises or a duly appointed representative;

 

"South African Maritime Safety Authority"

means the authority established by section 2 of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998);

 

"terminal infrastructure"

means terminal buildings, workshops, substations, surfacing, rail sidings and terminal operations and infrastructure for the provision of water, lights, power, sewerage and similar services within terminal boundaries;

 

"terminal operations"

 means services provided at a port terminal, consisting of handling cargo, storing cargo, transshipment of cargo and delivering cargo to vessels and services related thereto;

 

"this Act"

includes the regulations made by the Minister, the rules made by the Authority, and the directives made by the Regulator;

 

"Transnet"

means Transnet Limited, the company contemplated in section 2 of the Legal Succession Act;

 

"vessel"

means any water navigable craft or structure and includes a seaplane and  a non-displacement craft.