(1) A licensed operator must—
| (b) | comply with this Act and any other law; |
| (c) | meet the performance standards specified in its licence; and |
| (d) | provide reliable, efficient and economical port services and facilities to port users in accordance with the conditions of the licence granted to it. |
| (2) | Every licensed operator must— |
| (a) | within three months after the end of each financial year, submit to the Authority a report of its licensed operations during that financial year, including— |
| (i) | the quality and level of its service in the financial year under review; |
| (ii) | its compliance with the terms and conditions of its licence, this Act and the regulations; |
| (iii) | steps taken to eliminate anti-competitive and discriminatory practices; |
| (iv) | its audited annual financial statements; |
| (v) | the quality and level of performance with regard to such environmental criteria and social responsibility requirements as may be set by the Authority or required by other national legislation; and |
| (b) | from time to time, and where applicable, submit to the Authority— |
| (i) | such statistical information relating to its licensed operations as may reasonably be required by the Authority; |
| (ii) | its cargo forecast over the period and in the form determined by the Authority; and |
| (iii) | future development plans relating to any service or facility which it is obliged to provide under the conditions of its licence. |
| (3) | The Authority may require a licensed operator, at the operator’s cost, to submit such additional information as may be necessary to explain or amplify any report or information submitted by the licensed operator in terms of subsection (2). |
| (4) | Any information required by the Authority in terms of subsection (3) must be lodged by the licensed operator within the period and in the manner determined by the Authority. |
| (5) | A licensed operator must, within 24 hours of its occurrence or discovery, inform the Authority of— |
| (a) | any change in the control of the licensed operator; |
| (b) | any industrial dispute between the licensed operator and its employees; |
| (c) | any industrial accident or disaster involving any employee or agent of the licensed operator; |
| (d) | any occurrence of fire within its premises within the port; |
| (e) | any theft or pilferage within its premises or any theft or pilferage involving any cargo in its possession or control; |
| (f) | any proceedings or claim instituted or made against the licensed operator which could materially affect its ability to perform any obligation or to comply with any term or condition of its licence; and |
| (g) | any spillage or pollution that may have an impact on the environment. |
| (6) | Every licensed operator, when submitting a report or other information to the Authority in terms of subsection (2), (3) or (5)(a) or (f), must submit a copy of that report or information at the same time to the Regulator. |
[Section 62(6) inserted by section 1(8) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
