National Ports Act, 2005 (Act No. 12 of 2005)Chapter 6 : Provision of Port Services and Port Facilities and Use of Land64. Special powers in emergency |
| (1) | The Shareholding Minister may, with the concurrence of the Minister, on the occurrence of any event which gives rise to an emergency which creates a real and imminent threat to the national interest of the Republic or public safety, authorise the Authority, for as long as such threat exists, to— |
| (a) | suspend the licence of a licensed operator, take temporary possession (either itself or through an authorised agent) of any port facility or undertaking relating to a port service of such licensed operator and operate it in such a manner as it deems fit; or |
| (b) | withdraw either partially or totally the use of any port service or facility from any person or class of persons or from the public in general. |
| (2) | Where the Authority takes possession of any port facility or undertaking under subsection (1)(a), adequate compensation must be paid, in the amount agreed between the Authority and the affected licensed operator, and failing agreement, in the amount determined by the Shareholding Minister, whose decision is binding upon the parties |