National Ports Act, 2005 (Act No. 12 of 2005)RulesPorts RulesChapter 2 : Vessel Movements and Related MattersPart H : General60. Vessels in need of assistance |
(1) | If a vessel is in need of assistance and requests permission to enter into a port, the Harbour Master may consult with SAMSA and any other relevant statutory body. |
(2) | In considering whether to allow the vessel into a port, the Harbour Master takes into account the following factors — |
(a) | safeguarding of human life at sea; |
(b) | the ports industrial and urban environment; |
(c) | the risk of pollution and damage to the environment; |
(d) | the evaluation of consequences if a request is refused, including the possible effect to neighbouring states; |
(e) | the risk of disruption to the ports operations; |
(f) | the seaworthiness of the vessel, in particular its buoyancy, stability, means of propulsion and power generation, and its docking ability; |
(g) | the nature and condition of the cargo, stores and bunkers, especially if there is any hazardous cargo; |
(h) | the preservation of the hull, machinery and cargo of the vessel In need of assistance, |
(i) | the distance and estimated transit time to a SAMSA allocated place of refuge; |
(j) | whether the master is still on board; |
(k) | the number of crew, salvors and other persons on board and an assessment of human factors, including fatigue; |
(l) | whether the vessel m question is insured or not insured; |
(m) | where the vessel is insured, identification of the insurer, and the limits of liability available; |
(n) | provisions of financial security in favour of the Authority to guarantee payment of all expenses that may be incurred in connection with its operations; |
(o) | whether the owner and master of the vessel have agreed to the proposals of the Authority and/or salvor to proceed or to be brought to a place of refuge; |
(p) | commercial salvage contracts already concluded by the master or owner of the vessel; |
(q) | information on the intention of the master and/or salvor; |
(r) | the designation of a representative of the owner of the vessel in the Republic, |
(s) | the risk of disruption to the Authority's operations taking into account the IMO guidelines; and |
(t) | any other relevant considerations. |