National Ports Act, 2005 (Act No. 12 of 2005)RulesPorts RulesChapter 7 : Security and Access141. Access permits are required for entry into a port |
| (1) | Subject to sub-rule (9), no person may enter a port without a valid access permit. |
| (2) | The Authority will designate an area or areas of the port where a person is not required to obtain an access permit. |
| (3) | The Authority will determine whether a permit is issued by the Authority, the operator of a facility within a port, or both. |
| (4) | The Authority may, in respect of an access permit issued by the Authority— |
| (a) | determine the manner in which a permit is issued; |
| (b) | determine the duration for which it is valid; |
| (c) | set out in the Tariff Book, the fees, if any, payable for access permits; |
| (d) | determine the conditions of access; and |
| (e) | suspend, withdraw or cancel the permit. |
| (5) | The operator of a port facility may, with the approval of the Authority, in respect of an access permit issued by the operator — |
| (a) | determine the manner in which a permit is issued; |
| (b) | determine the duration for which it is valid; |
| (c) | determine the conditions of access; and |
| (d) | suspend, withdraw or cancel the permit. |
| (6) | The Authority may require the operator that issues an access permit as contemplated in sub-rule Error! Reference source not found., to pay to the Authority the fees, if any, set out in the Tariff Book for access permits. |
| (7) | A person may be required to produce and show a valid access permit to an officer of the Authority or the operator of the relevant facility at any time while he or she is in the port, including at any exit point. |
| (8) | Despite anything to the contrary in these rules, entry into any part of a port or port facility within a port is subject to the security plans for that port and that port facility as provided for by the Merchant Shipping (Maritime Security) Regulations, 2004. |
| (9) | The master of a vessel must ensure that all crew members of the vessel have an identity document that complies with the Seafarers' Identity Documents Convention, 1958 or the Seafarers' Identity Documents Convention (Revised), 2003. The Authority will determine the date when it will no longer accept identity documents that are not in compliance with the Seafarers' Identity Documents Convention (Revised), 2003. |
| (10) | The following categories of persons may enter a port without an access permit— |
| (a) | persons authorised in terms of section 12 of the National Key Points Act No. 102 of 1980 to enter any National Key Point that is within port limits; |
| (b) | officials who are empowered in terms of any legislation to enter a port, |
| (c) | persons attending to emergencies, including doctors, paramedics and ambulance personnel attending to patients, fire fighters from local authorities and veterinary surgeons attending to animals. |
| (11) | The persons referred to in sub-rule (9) must carry a letter or card identifying the institution that they work for or identifying their membership of the relevant professional society, as the case may be. |