National Ports Act, 2005 (Act No. 12 of 2005)

Rules

Ports Rules

Chapter 2 : Vessel Movements and Related Matters

Part H : General

60. Vessels in need of assistance

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(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.