National Ports Act, 2005 (Act No. 12 of 2005)Chapter 6 : Provision of Port Services and Port Facilities and Use of Land65. Operations existing on commencement of Act |
| (1) | Any person who provided a port service or operated a port facility immediately prior to the date on which this Chapter came into force, is deemed to hold a licence for the provision of such port service or the operation of such port facility, but such person must apply for a licence in terms of section 57 within six months of the date determined by the Shareholding Minister by notice in the Gazette. |
| (2) | A person contemplated in subsection (1) is deemed to hold a licence until the Authority has decided on its licence application. |
| (3) | A person contemplated in subsection (1) must be issued a licence in terms of section 57 to provide the port service or operate the port facility contemplated in that subsection, if the Authority is reasonably satisfied that such person is capable of complying with the terms and conditions of the licence. |
(4)
| (a) | Subsection (1) does not apply to a person who, immediately before the date on which this Chapter came into effect, provided a stevedoring service. |
| (b) | Any permission or authorisation to provide a stevedoring service granted before this Chapter came into effect lapses at the end of the period for which the permission or authorisation was granted. |
| (5) | Transnet is, in respect of port services or port facilities provided or operated by the South African Port Operations Division of Transnet or Spoornet, a division of Transnet, immediately prior to the commencement of this Chapter deemed to be the holder of a licence to provide port services or to operate port facilities, but must apply for such licence within six months of the date determined by the Shareholding Minister by notice in the Gazette. |
| (6) | The deeming contemplated in subsection (5) remains valid until the Authority has decided on the licence application or until such time as a third party is authorised to provide such services or operate such facilities in terms of an agreement or licence concluded or issued under this Chapter. |
| (7) | Any licence issued to Transnet pursuant to an application contemplated in subsection (6) is subject to the condition that such 1icence will terminate in the event that a third party is authorised to provide the relevant services or operate the relevant facilities in terms of an agreement or licence concluded or issued under this Chapter. |