National Ports Act, 2005 (Act No. 12 of 2005)RulesPorts RulesChapter 5 : Working of Vessels and Dangerous and Flammable Goods HandlingPart C: Handling of Bulk Flammable Liquids and Flammable Liquid Containers113. Liability for costs |
(1) | All persons to whom the verbal or written instructions referred to in rule 112 are directed are jointly and severally liable for the costs of implementing those instructions. |
(2) | Despite sub-rule (1)— |
(a) | the owner or master of a vessel, pipeline, bulk storage or other installation that discharges or allows flammable liquid or contaminated water to escape into a port, is liable for the costs that the Authority may incur in removing the flammable liquid or contaminated water; |
(b) | the owner or master of a vessel is responsible for the costs of fire protection personnel, safety measures and supervision as may be provided, taken or exercised in terms of these rules or by the direction of the Harbour Master, and |
(c) | if the Harbour Master orders the removal of a tanker that has flammable liquids on board from the berth at which it is lying because the Harbour Master is of the opinion that this is in the interests of safety or the efficiency of the port, the owner or master is responsible for the costs of the removal, unless otherwise agreed. |