National Ports Act, 2005 (Act No. 12 of 2005)Chapter 8 : Commercial Aspects73. Fees payable to Authority |
| (1) | The Authority may charge fees, in accordance with a tariff determined in terms of section 72, for— |
| (a) | the provision of port and other services, including— |
| (i) | vessel traffic service charges; |
| (ii) | pilotage dues for the provision of pilotage; |
| (iii) | light dues for the provision of navigational aids along the coast of the Republic and within ports; |
| (iv) | towage dues for the provision of tug services; |
| (v) | berthing charges for the use of berthing facilities and services; and |
| (vi) | port and ship security; |
| (b) | the provision and maintenance of port infrastructure, port terminals and port facilities, including— |
| (i) | land rentals; |
| (ii) | port dues for the provision and maintenance of entrance channels, breakwaters, basins, navigational aids and maintenance dredging inside port limits; |
| (iii) | cargo dues for the provision and maintenance of port infrastructure; and |
| (iv) | berth dues for vessels occupying quays or repair quays while not engaging in the loading or unloading of cargo; |
| (c) | granting concessions and licences; and |
| (d) | any other services provided by the Authority in the performance of its functions. |
| (2) | The Authority may also, in relation to off-shore cargo-handling facilities, charge fees as contemplated in subsection (1). |
| (3) | The Authority may on good cause shown, remit or waive the whole or any part of any fee payable to the Authority. |
| (4) | The Authority may require any person to furnish such security as it deems fit for the payment of any fee payable to the Authority. |
| (5) | The fees contemplated in subsection (1)(a) and (b) become due to the Authority and payable without demand when the services have been rendered and facilities have been provided. |
| (6) | If any request for the rendering of services or the provision of facilities is withdrawn or cancelled, without prior notice of withdrawal or cancellation having been given timeously to the Authority, the fees contemplated in subsection (1) (a) and (b) remain due and payable as if the services or facilities had been rendered or provided. |
| (7) | The fees and charges levied by National Ports Authority of South Africa immediately before the commencement of this section continue to be valid as if determined by the Authority under this section until rescinded, varied or withdrawn by the Authority in terms of this Act. |