• National Ports Act, 2005 (Act No. 12 of 2005)
  • Notice No. 792 of 2005
  • Act
  • Chapter 1 : Definitions and Objects of Act
    • 1. Definitions
    • 2. Objects of Act
  • Chapter 2 : Establishment and Incorporation of Authority
    • 3. Process before establishment of Authority
    • 4. Conversion of Authority
    • 5. Authority's memorandum and articles of association
    • 6. Non-application of provision of Companies Act
    • 7. Certain provisions of Companies Act may be declared inapplicable to Authority
    • 8. Authority's financial year
    • 9. Judicial management and liquidation
  • Chapter 3 : Ports under Jurisdiction of Authority and Functions of Authority
    • 10. Ports under jurisdiction of Authority
    • 11. Functions of Authority
    • 12. Aims of Authority
    • 13. Co-operative governance
  • Chapter 4 : Board, Staff and Assets of Authority
    • 14. Composition of Board
    • 15. Nomination and appointment of members of Board
    • 16. Functions of Board
    • 17. Persons disqualified from membership of Board
    • 18. Terms of office of members of Board
    • 19. Disclosure of interest by members of Board
    • 20. Meetings of Board
    • 21. Delegation and assignment of functions by Board
    • 22. Appointment of chief executive officer
    • 23. Functions of chief executive officer
    • 24. Vacating of and removal from office of chief executive officer
    • 25. Acting chief executive officer
    • 26. Appointment and transfer of staff of Authority
    • 27. Transfer of ports, land and other rights and obligations
    • 28. State guarantees
  • Chapter 5 : Ports Regulator
    • [Repealed] 29. Establishment of Regulator
    • [Repealed] 30. Functions of Regulator
    • [Repealed] 31. Nomination and appointment of members of Regulator
    • [Repealed] 32. Disclosure of interests and certain prohibitions
    • [Repealed] 33. Vacation of office of members of Regulator
    • [Repealed] 34. Appointment of Regulator's chief executive officer
    • [Repealed] 35. Vacating of and removal from office of Regulator's chief executive officer
    • [Repealed] 36. Regulator's acting chief executive officer
    • [Repealed] 37. Secretariat of Regulator
    • [Repealed] 38. Services of non-employees
    • [Repealed] 39. Meetings of Regulator
    • [Repealed] 40. Minutes of meetings
    • [Repealed] 41. Decisions of Regulator
    • [Repealed] 42. Funding of Regulator
    • [Repealed] 43. Accounting and accountability
    • [Repealed] 44. Annual report
    • [Repealed] 45. Delegation of powers
    • 46. Appeals
    • 47. Complaint against Authority
    • [Repealed] 48. Investigation of complaint
    • [Repealed] 49. Hearings before Regulator
    • [Repealed] 50. Right to participate in hearing
    • [Repealed] 51. Taking of evidence at hearing
    • [Repealed] 52. Rules of procedure
    • [Repealed] 53. Interim relief
    • [Repealed] 54. Orders of Regulator
    • [Repealed] 55. Winding up and dissolution of Regulator
  • Chapter 6 : Provision of Port Services and Port Facilities and Use of Land
    • 56. Agreements in port operations and services
    • 57. Licence regarding port services and facilities
    • 58. Conditions of licence
    • 59. Restrictions on transfer of licence
    • 60. Suspension or cancellation of licence
    • 61. Directives affecting licensed operators and other persons
    • 62. Duties of licensed operators
    • 63. Routine inspections
    • 64. Special powers in emergency
    • 65. Operations existing on commencement of Act
    • 66. Off-shore cargo-handling facilities
    • 67. Restructuring and reform of ports
  • Chapter 7 : Development, Environment and Closure of Ports
    • 68. Planning, construction, development and maintenance of ports
    • 69. Protection of environment
    • 70. Closure of port
  • Chapter 8 : Commercial Aspects
    • 71. Commercial functions of Authority
    • 72. Authority's tariff book
    • 73. Fees payable to Authority
  • Chapter 9 : Safety Aspects
    • 74. Safety of navigation and shipping in ports
    • 75. Pilotage
    • 76. Liability of pilot
    • 77. Certification and licensing of pilot
    • 78. Lighthouses and other navigational aids
  • Chapter 10 : Ministerial Directions and Port Regulations
    • 79. Ministerial direction
    • 80. Port regulations
  • Chapter 11 : General
    • 81. Port Consultative Committee
    • 82. National Port Consultative Committee
    • 83. Port access
    • 84. Co-operation with authorities
    • 85. Liability of Authority
    • 86. Confidential information
    • 87. Offences
    • 88. Amendment of law
    • 89. Repeal of law, and saving
    • 90. Short title and commencement
• Rules
  • Ports Rules
    • Notice No. 255 of 2009
    • Chapter 1 : Interpretation, Application and Powers of the Harbour Master and the Authority
      • 1. Interpretation
      • 2. Purpose
      • 3. Application
      • 4. Location of resources
      • 5. Powers of the Harbour Master
      • 6. Powers of the Authority
      • 7. Compliance with the Harbour Master's and Authority's instructions
      • 8. Co-operation with other authorities
    • Chapter 2 : Vessel Movements and Related Matters
      • Part A : Application
        • 9. Application of this Chapter and Part B
      • Part B : The Regulation and Control of Navigation in the Approaches to a Port
        • 10. Functions of the VTS with respect to the approaches to a port
        • 11. Nautical charts and publications relating to the VTS zone
        • 12. Traffic clearance and communication with VTS
        • 13. Reporting to the VTS
        • 14. Anchoring or sojourning of vessels with nuclear material
        • 15. Vessels may not be unseaworthy
      • Part C : Requirements for Entering a Port
        • 16. Permission to enter a port
        • 17. Notices in terms of Merchant Shipping (Maritime Security) Regulations, 2004 to be copied to the Authority
        • 18. Notice of arrival
        • 19. Procedures to approach and enter a port if there are vessels in tow
        • 20. Notice of weapons, explosives and other dangerous goods on board
        • 21. Requirements for passenger vessels
        • 22. List of passengers and crew
        • 23. Nautical charts and publications relating to the port
        • 24. Vessels to communicate with VTS or Port Control
        • 25. Signals, flags and lights
        • 26. Mooring plan
        • 27. Weapons and explosives to be locked up and disarmed
      • Part D : Vessels within a Port
        • 28. Moorings and shore connections
        • 29. Vessels to have sound and efficient mooring lines
        • 30. Permission to shift or to immobilise within a port
        • 31. Notice of port movements
        • 32. Signals, flags and lights
        • 33. Harbour Master may require the movement of a vessel
        • 34. Explosives and pyrotechnics
        • 35. VTS or Port Control
      • Part E : Departure from a Port
        • 36. Permission to leave a port
        • 37. Notice of departure
        • 38. List of passengers and crew
        • 39. Vessels to communicate with VTS
      • Part F : Pilots and Pilotage
        • 40. Pilotage is compulsory unless exemption is granted
        • 41. Pilot's functions
        • 42. Licensing of pilots
        • 43. Master remains in control of a vessel under pilotage
        • 44. Assistance to the pilot
        • 45. Pilot ladders
        • 46. Helicopter vessel-shore operations
      • Part G : Permits for Small Vessels and Related Matters
        • 47. Small vessels
      • Part H : General
        • 48. Compliance with laws, charts, schemes and directives with regard to vessel movement
        • 49. Master's authority not affected
        • 50. Vessels may not be unseaworthy
        • 51. Assignment of berths
        • 52. Assignment of marine services
        • 53. Vessels to rig and stow gear
        • 54. Lost anchors
        • 55. Making fast to navigational aids
        • 56. Incidents in the approaches and within ports
        • 57. Damage to property
        • 58. Financial security for damages caused
        • 59. Master to produce vessel's papers
        • 60. Vessels in need of assistance
        • 61. Arrested vessels
    • Chapter 3 : Health and Safety
      • Part A : Vessel Safety Measures
        • 62. The master is responsible for the safety of the vessel
        • 63. Conduct of the crew
        • 64. Fires and hot work repairs on vessels
        • 65. Sparks and the lighting of fires
        • 66. Smoking on board vessels
        • 67. Persons disembarking or embarking
        • 68. Gangways
        • 69. Engine trials
        • 70. Lowering of boats from vessels
        • 71. Vessel's handling material or gear in port
        • 72. Vessels may not be moored nor obstacles placed within the water area of a port repair facility
      • Part B : General Safety Measures
        • 73. Requirements for fire protection personnel
        • 74. The Harbour Master may instruct that safety measures be taken
        • 75. Heating of substances
        • 76. Smoking on the shore
        • 77. The use of portable radios or cellular phones on the shore
        • 78. Occupational health and safety legislation
        • 79. Authority's written instructions with regard to occupational health and safety matters
        • 80. Personal protective equipment
        • 81. Closing of parts of the port
        • 82. Incidents or damage to property on the shore within ports
        • 83. Swimming, surfing, fishing, diving and water sports
        • 84. Animals
    • Chapter 4 : Protection of the Environment
      • 85. Prevention of pollution and protection of the environment
      • 86. Deposit of harmful matter, including oil, in a port
      • 87. Cleanliness of the quayside
      • 88. Ballast water
      • 89. Port waste reception facilities
      • 90. Compliance with Port Waste Management Plan
      • 91. Compliance with Vessel Waste Management Plan
      • 92. Use of port waste reception facilities
      • 93. Discharge or dumping in a port of sewage or residue water as a result of hatch or tank cleaning
      • 94. Removal of vessels having offensive matter on board
      • 95. The emission of fumes or smoke
      • 96. Protection of animals, birds, fish and plants
      • 97. Burials
    • Chapter 5 : Working of Vessels and Dangerous and Flammable Goods Handling
      • Part A : Working of Vessels
        • 98. Working of vessels may be refused
        • 99. The master of his or her delegatee to supervise and to protect all persons during the handling of cargo
        • 100. Prevention of cargo and vessel's gear falling into a port
        • 101. Reporting about cargo and vessel's gear that has fallen into the port
        • 102. Recovery of cargo or vessel's gear that has fallen overboard
        • 103. Mechanical handling appliances
      • Part B : Handling of Dangerous Goods
        • 104. Compliance with other legislation and industry guidelines
        • 105. Harbour Master's directives relating to dangerous goods
        • 106. Dangerous goods landed in ISO containers
        • 107. The need for a landing, delivery, forwarding or container terminal order
        • 108. Copy of packing certificate to be provided to the Authority
        • 109. Explosive standards
      • Part C : Handling of Bulk Flammable Liquids and Flammable Liquid Containers
        • 110. Survey certificate for the carriage of flammable liquid
        • 111. Vessels to operate with due regard to safety, security and the protection of the environment
        • 112. Harbour Master's instructions
        • 113. Liability for costs
      • Part D : Agents, Financial Security, Port and Cargo Dues and Charges, and Penalties
        • 114. Appointment of vessel agents
        • 115. Security to be furnished to the Authority
        • 116. Termination of vessel agent's mandate
        • 117. Port dues, fees and fines to be paid before vessel departs from port
        • 118. Manifest of cargo
        • 119. Outturn reports
        • 120. Cancelling cargo documentation
        • 121. Cargo dues
        • 122. Penalties
    • Chapter 6 : Pleasure Vessels
      • 123. Application of this chapter
      • 124. Permission to approach, enter into, shift within or leave a port
      • 125. Pleasure vessels to comply with applicable legislation
      • 126. Pleasure vessels to make way
      • 127. Pleasure vessels to communicate with VTS
      • 128. The Harbour Master's restrictions on pleasure vessels
      • 129. Mooring only at places assigned by the Harbour Master
      • 130. No anchoring or mooring in a channel navigable by a vessel without Harbour Master's permission
      • 131. Pleasure vessels not to be in contact with vessels
      • 132. Damage to or displacement of navigational aids
      • 133. Pleasure vessels in need of assistance
      • 134. Discharge of sewage in a port
      • 135. Weapons and explosives to be locked up and disarmed
      • 136. Permits for a pleasure vessel
      • 137. Visiting pleasure vessels
      • 138. Inspection of pleasure vessels
    • Chapter 7 : Security and Access
      • 139. The Authority is responsible for security
      • 140. Security officers operating in the port
      • 141. Access permits are required for entry into a port
      • 142. Compliance with the conditions of an access permit
      • 143. Removal of persons and motor vehicles from a port
      • 144. Firearms
      • 145. Entry points into a port
      • 146. Motor vehicles in a port
      • 147. Rail traffic within port limits
    • Chapter 8 : Licences and Registration
      • 148. Activities to be licensed or registered
      • 149. Activities requiring licensing or registration may not be carried out without a licence or registration
      • 150. Determination of licences or registration
      • 151. Suspension, withdrawal or cancellation
    • Chapter 9 : General
      • 152. Port repair facilities
      • 153. The Authority's port repair facilities
      • 154. Hot work permit
      • 155. Repairs or maintenance to a vessel
      • 156. Inspections and searches
      • 157. Fumigation of vessels
      • 158. Late or incomplete notices
      • 159. Advertising
      • 160. Prohibited actions
      • 161. Dredging
      • 162. Declaration of a wharf
      • 163. Breaking up and removal of wrecks in a port
      • 164. Information to be furnished by port users
      • 165. Manner in which time is to be specified
      • 166. Changes in information to be reported
      • 167. Liability of the Authority
      • 168. Observance of other laws and conventions
      • 169. Offences
      • 170. Transitional arrangements
    • Annexures
      • Annexure 1 : (Rule (1)(YY)) Inshore Vessel Traffic Services (VTS) Zones
• Notices
  • Regulatory Principles of the Ports Regulator, 2009
    • Notice No. 824 of 2009
    • Chairman's Introduction
    • Regulatory Principles
  • Directives in terms of Section 30(3) of the Act
    • Notice No. 825 of 2009
    • Directives 
      • Notice No. 826 of 2009
      • 1. Definitions
      • Chapter 1 : Complaints against the Authority
        • 2. Complaints against the Authority
        • 3. Regulator to determine whether a complaint is valid
        • 4. Mediation of a complaint
        • 5. Investigation of a complaint
        • 6. Hearing into a complaint
        • 7. Regulator to take decision in respect of the complaint
      • Chapter 2 : Appeals against Decisions of the Authority
        • 8. Lodging of an appeal
        • 9. Submission of appeal affidavit
        • 10. Answering and Replying affidavits
        • 11. Processing of appeals
        • 12. Decision on appeals
      • Chapter 3 : Hearings of the Regulator
        • 13. Composition of the hearing panel
        • 14. Subpoena of witnesses and production of evidence
        • 15. Participation in a hearing
        • 16. Procedure to be adopted before a hearing panel
      • Chapter 4 : Access by the Regulator to Confidential Information of the Authority
        • 17. Regulator to have access to confidential information of the Authority
      • Chapter 5 : Manner and Form of Participation in the Proceedings of the Regulator
        • 18. Opening and location of offices of the Regulator
        • 19. Condonation of time limits
        • 20. Register of complaints and appeals
      • Chapter 6 : The Filing of Prices Charged by the Provider of any Port Service other than the Authority
        • 21. Provider of port services to submit prices
      • Chapter 7 : Approval by the Regulator of Tariffs Charged by the Authority
        • 22. Approval and amendment of tariffs
        • 23. Tariff requirements
        • 24. Application of the tariffs
      • Chapter 8 : Confidential Information Submitted to the Regulator
        • 25. Claims of confidential information and determination by the Regulator
      • Chapter 9 : General
        • 26. Commencement of these directives
      • Schedules and Forms
        • Schedule A : Schedule of Fees and Costs
        • Form 1 : Notice of Complaint
        • Form 2 : Notice of Intention to Appeal
        • Form 3 : Subpoena of Witnesses and Production of Evidence
• Regulations
  • [Repealed] National Ports Act (COVID-19 Restrictions on the
    movement of persons and crew) Regulations, 2020
    • Notice No. 173 of 2020
    • 1. Definitions and Interpretation
    • 2. Purpose of Regulations
    • 3. Embarkation and disembarkation of persons at a South African sea port
    • 4. Provision of improved access and hygiene control at sea ports and in licensed sea port operations
    • 5. Implementation of a reporting, tracking, tracing and monitoring system at sea port
    • 6. Prohibition of holding of mass gatherings in sea ports
    • 7. Offences
    • 8. Title and Commencement