| (1) | If a matter falls within the Harbour Master's functions as specified in section 74(3) of the Act, then the Harbour Master may — |
| (a) | give written or verbal instructions in accordance with the Harbour Master's powers as set out in section 74(3) of the Act, |
| (b) | permit a vessel to follow a procedure or practice other than that required by these rules, if he or she is satisfied that the other procedure or practice is as safe as that required by the relevant rule and is in the interests of security, good order, protection of the environment and the effective and efficient working of the port. |
| (2) | Contravention of a procedure or practice substituted pursuant to sub-rule (1)(b) is deemed to constitute a contravention of the procedure or practice required by the relevant rule. |
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2 In terms of section 74(3) of the Act—
| (a) | the Harbour Master's, in respect of the port for which he or she is appointed, the final authority in respect of all matters relating to pilotage, navigation, navigational aids, dredging and all other matters relating to the movement of vessels within port limits; |
| (b) | for the purposes of paragraph (2), the Harbour Master may give written or verbal instructions as may reasonably be necessary for — |
| (i) | promoting or securing conditions conducive to the ease, convenience or safety of navigation in the port; |
| (ii) | regulating the movement or mooring and unmooring of a vessel in the port; |
| (iii) | controlling the manner in which cargo, fuel, water or ship's stores are taken on, discharged or handled; |
| (iv) | regulating the removal or disposal of any residues and mixtures containing oil or noxious liquid substances, sewage and garbage from vessels in a port and requiring any such matter to be deposited in reception facilities in the port; |
| (v) | the detention of a vessel reasonably suspected of causing oil pollution and ensuring that the total cost of the pollution clean-up operation is recovered, or acceptable guarantees are provided, prior to the vessel being given permission to leave the port; and |
| (vi) | carrying into effect the provisions of the Act. |
