Revised Laws of Saint Lucia (2023)

1.   Citation

These Regulations may be cited as the Cul de Sac Harbour Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Oil Refinery Act;

“Cul de Sac Harbour” means that area shown as the Harbour on the Cul de Sac Harbour and Approaches Chart dated 22 May 1979 and attached hereto and made a part hereof;

“Cul de Sac Approaches” means that area shown as the Approaches to Cul de Sac Harbour on the Cul de Sac Harbour and Approaches Chart dated 22 May 1979 and attached hereto and made a part hereof;

“Marine Manager” means the person appointed and employed by Hess or The Affiliates to act as such;

“Pilot” means a person appointed by Hess or The Affiliates having either a licence to act as a pilot issued by the Government or other licence or certificate acceptable to Hess or The Affiliates issued by a recognised authority in a major maritime nation;

“Project” means the Terminal, the Refinery and Related Facilities;

“Seabuoy” means the buoy located at latitude 13° 59' 50" N. and longitude 61° 01' 33" W. as shown on the Cul de Sac Harbour and Approaches Chart dated 22 May 1979 and attached hereto and made a part hereof;

“ship” means a Vessel in excess of 100 tons gross register;

“tug” means a tug designated by Hess or The Affiliates to assist ships in the Cul de Sac Harbour;

“vessel” means any ship, tug, barge or boat of any kind whatsoever, whether the same is propelled by steam or otherwise or is towed.

PART 2

3.   Scope of Regulations

These Regulations shall apply to all vessels entering into or departing from the Cul de Sac Harbour or moving in or out of the Cul de Sac Approaches.

4.   Compliance with Orders

All orders or directions given under these Regulations shall be promptly and strictly obeyed.

5.   Rules of the Road

The International Rules of the Road shall be strictly complied with, provided, that all vessels of less than 100 tons gross register shall give way to ships.

6.   Aids to Navigation

Hess and The Affiliates shall have the right to install and maintain all buoys, lights, markers and other navigation aids shown on the Cul de Sac Harbour and Approaches Chart dated 22 May 1979, and, further, shall have the right to install and maintain all such other buoys, lights, markers and other navigation aids in the Cul de Sac Harbour and the Cul de Sac Approaches as they deem necessary or appropriate.

7.   Copy of Regulations

Masters of Ships shall obtain a copy of these Regulations free of charge, on their arrival at the Cul de Sac Harbour.

8.   Restricted Use

Only vessels inbound or outbound from the Cul de Sac Harbour may use or be present in the Cul de Sac Approaches. A vessel shall not enter the Cul de Sac Harbour except for the purpose of using the facilities located therein and then only in compliance with the directions of the Marine Manager.

9.   Pilotage

Pilotage shall be compulsory and every ship, save ships belonging to Her Majesty or the Government, inbound to or outbound from the Cul de Sac Harbour, shall engage the services of a pilot who shall be aboard the ship whilst it is underway in the Cul de Sac Harbour and the Cul de Sac Approaches.

10.   Towage

Assistance, docking and undocking in the Cul de Sac Harbour shall be compulsory and shall be performed only by tugs.

11.   Terminal Regulations

All ships whilst at the project shall comply with Hess Marine and Terminal Regulations, a copy of which shall be supplied on request to masters of ships on their arrival at the Cul de Sac Harbour.

12.   Crew

All vessels whilst in the Cul de Sac Harbour shall have on board at all times the crew needed to handle the vessel in case of an emergency.

13.   Anchoring

A vessel shall not anchor at anytime within the Cul de Sac Harbour or the Cul de Sac Approaches without the prior authorisation of the Marine Manager.

14.   Pollution

A vessel whilst in the Cul de Sac Harbour or under way in the Cul de Sac Harbour or the Cul de Sac Approaches shall not discharge any dirty ballast, oil, bilge water, garbage or other polluting substance into the water.

15.   Readiness of Vessel

A vessel whilst in the Cul de Sac Harbour shall not dismantle its boilers or main engines or otherwise render itself inoperable.

16.   Display of Flags

Vessels entering the Cul de Sac Harbour during the day time shall show their national flag and shall continue to do so between sunrise and sunset when moored. In addition, vessels of foreign registry shall fly the Saint Lucia flag at the foremast when moored.

17.   Ship Entry and Clearance

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   (1)   Cul de Sac Harbour is hereby declared to be and is a Port for the purposes of Customs.

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   (2)   All vessels arriving from any place outside Saint Lucia shall obtain pratique and clear customs and immigration in the Cul de Sac Harbour prior to loading or discharging cargo. All vessels shall obtain appropriate clearances prior to departure.

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   (3)   Any vessel destined to or departing from the project shall have priority over all other vessels for all purposes under these Regulations.

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   (4)   Recognising that the project will be operated 24 hours a day, 7 days a week, customs, immigration and health authorities shall insure the availability of appropriate personnel at the project for entry and clearance of vessels at the project at all times.

18.   Charges

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   (1)   Charges for pilotage, towage and other services required for vessels using the project shall be in accordance with the tariff(s) published by Hess or The Affiliates.

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   (2)   Charges for pilotage, towage and other services for vessels using facilities within the Cul de Sac Harbour other than the project shall be in accordance with the tariff(s) established by mutual agreement between the Government and Hess or The Affiliates.

PART 3

19.   Pilots

All pilotage in the Cul de Sac Harbour and the Cul de Sac Approaches shall be performed only by pilots. The master or owner of a ship navigating in circumstances in which pilotage is compulsory is liable for any loss or damage caused by the ship in the same manner as he or she would if pilotage were not compulsory.

20.   Authority of Marine Manager

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   (1)   The Marine Manager shall be the competent authority for enforcement of these Regulations;

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   (2)   The Marine Manager shall—

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      (a)     direct where any vessel shall be moored within the Cul de Sac Harbour at the project,

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      (b)     regulate the movement of vessels within the Cul de Sac Harbour and ships in the Cul de Sac Approaches destined to or departing from the Cul de Sac Harbour.

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   (3)   In the case of refusal or failure to comply with any direction given under paragraph (b) the Marine Manager may, without prejudice to any other proceeding which may be instituted against any person, cause to be done all such acts as are in his or her opinion reasonable or necessary for the purpose of carrying out such direction and may employ such persons or equipment as he or she deems proper and necessary for such purpose. All expenses incurred in the performance of such acts shall be paid and borne by the person and/or vessel so offending.

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   (4)   

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      (a)     The Marine Manager may have removed any wreck or other obstruction in the Cul de Sac Harbour or the Cul de Sac Approaches which endangers or obstructs the safe and free navigation in the Cul de Sac Harbour or the Cul de Sac Approaches.

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      (b)     The owner of any wreck or other thing removed by the Marine Manager under the provisions of paragraph (4)(a) shall, without prejudice to any other action which may be taken against him or her or rights of action which may exist against other parties, is liable to pay the reasonable expenses of such removal; and such wreck or other thing may be detained by the Marine Manager until such expenses and customs duties, dues or charges payable in respect thereof are paid.

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      (c)     Where any wreck or thing is removed under the provisions of paragraph (4)(a) and the expenses of removal have not been paid within 7 days of such removal, the Marine Manager may, without prejudice to any other action or right of action, cause such wreck or thing to be sold by public auction and shall out of the proceeds of sale retain the amount necessary to meet the expenses of such removal, detention and sale and any customs duties, dues or charges payable in respect thereof and shall retain the balance, if any, for the benefit of the person appearing to him or her to be entitled.

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   (5)   

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      (a)     In the event of any fire on board any vessel in the Cul de Sac Harbour, the Marine Manager may proceed on board such vessel without any let or hindrance with such assistance and persons as to him or her seem necessary and may give such orders as to him or her seem necessary for the safety of such vessel or other vessel in the Cul de Sac Harbour and take any other measures as to him or her appear prudent or expedient for the protection of life and property.

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      (b)     If such orders are not carried out as soon as possible by the Master of such vessel, the Marine Manager may proceed to put them into effect.

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      (c)     Any expense incurred in the exercise of the powers conferred by subregulations (5)(a) and (5)(b) of this regulation shall be recoverable from the master and/or owners of the vessel as a civil debt.

21.   Liability

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   (1)   Neither the Government nor Hess nor The Affiliates shall be liable for loss or damage occasioned by any act, omission or default of a Pilot or Marine Manager.

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   (2)   Any Pilot appointed hereunder whilst engaged in any act of pilotage shall notwithstanding that he or she may be employed by Hess or The Affiliates, be deemed to be the servant of the master or owner of the ship under pilotage.

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   (3)   A Pilot or Marine Manager who has given a bond in accordance with subregulation (4) is not liable for neglect, want of skill or incapacity in office beyond the penalty of such bond and, in the case of a Pilot, the amount payable on account of pilotage in which he or she was engaged when he or she became so liable.

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   (4)   Every Pilot and Marine Manager shall give a bond in the sum of $1,000 in favour of Hess or The Affiliates for the proper performance of his or her duties under these Regulations.

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   (5)   Any bond given by a Pilot or Marine Manager in accordance with this regulation shall not be liable to stamp duty.

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   (6)   Where any proceedings are taken against a Pilot or Marine Manager for any neglect, want of skill or incapacity in office in respect of which his or her liability is limited as provided by this regulation, and other claims are made in respect of the same neglect, want of skill or incapacity in office, the court in which such proceedings are taken may—

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      (a)     determine the amount of such pilot or Marine Manager's liability and, upon payment by him or her of such amount into court, distribute such amount rateably among the several claimants;

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      (b)     stay any proceedings pending in any other tribunal in relation to the same matter; and

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      (c)     proceed in such manner and subject to such directions as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who have not submitted their claim within a certain time, and as to requiring security from such Pilot or Marine Manager, and as to payment of any costs as the court thinks fit.

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   (7)   Any proceedings affecting a pilot or Marine Manager as such or involving pilotage under these Regulations shall be determined by a judge of the High Court and the judge shall call upon 2 persons with nautical experience to sit with him or her as assessors in any such proceedings. The High Court shall have power to regulate any proceedings which have been referred to it under this Regulation.

PART 4

22.   Obstruction of Fairways

Fish nets, fish traps, unauthorised buoys or any other obstructions to navigation are prohibited in either the Cul de Sac Harbour or the Cul de Sac Approaches. For the safety of navigation, the Marine Manager may immediately remove, or cause to be removed, any such obstructions if he or she deems it necessary so to do.

23.   Penalties

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   (a)     Any person who acts in contravention of or fails to comply with any of the foregoing Regulations shall be liable on summary conviction thereof to a penalty not exceeding $1,000 or 6 months imprisonment or to both fine and imprisonment.

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   (b)     Except for offences relating to customs, health or immigration proceedings for any offences under these Regulations shall be instituted by the Marine Manager or any person so authorised by him or her in writing.