Revised Laws of Saint Lucia (2021)

Schedule 2

(Section 96)

Airports Act, 1965

Port Authority Act, 1972

CHAPTER 8.13
SAINT LUCIA AIR AND SEA PORTS AUTHORITY ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Saint Lucia Air and Sea Ports Authority (Seaport Tariff) Regulations – Section 53

(Statutory Instruments 13/1985 30/1998, 32/1999, 23/2001, 97/2002, 38/2003, 45/2003, 64/2010, 13/2021 and 80/2021)

Statutory Instrument 13/1985 .. in force 15 February 1985

Amended by S.I. 30/1998 .. in force 1 May 1998

Amended by S.I. 32/1999 .. in force 1 July 1999

Amended by S.I. 23/2001 .. in force 3 March 2001

Amended by S.I. 97/2002 .. in force 14 October 2002

Amended by S.I. 38/2003 .. in force 14 April 2003

Amended by S.I. 45/2003 .. in force 1 June 2003

Amended by S.I. 64/2010 .. in force 5 July 2010

Amended by S.I. 13/2021 .. in force 25 January 2021

Amended by S.I. 80/2021 .. in force 17 May 2021

ARRANGEMENT OF REGULATIONS

SAINT LUCIA AIR AND SEAPORTS AUTHORITY (SEAPORT TARIFF) REGULATIONS – SECTION 53

Commencement [15 February 1985]

1.   Citation

These Regulations may be cited as the Saint Lucia Air and Sea Ports Authority (Seaport Tariff) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“Act” means Saint Lucia Air and Sea Ports Authority Act;

“Authority” means the Saint Lucia Air and Sea Ports Authority incorporated under the Act;

“authorised officer” means a person authorised by the General Manager to exercise powers or perform the duties in respect of which the expression is used;

“blaster” means in relation to a ship any person (other than an Authority Pilot) having charge of a ship;

“charter yacht” means a yacht propelled by sail, power or otherwise plying for hire or reward and includes in its meaning master, owner or agent thereof;

“cargo” means all kinds of movable property including animals;

“cargo handling” means the manipulation of cargo from ship's hook to place of rest or delivery or vice versa;

“containers” means a shipping container suitable for shipping or storing a number of smaller containers, packages, pieces or bulk material that confines and protects the content from loss or damage, can be handled in transit as a unit and is large enough to require mechanical handling; It shall not measure less than 320 cu. ft.;

“Council” means the Council appointed under the provisions section 4 of the Act;

“documents” means documents used in connection with ships and cargo;

“exports” means cargo loaded or intended to be loaded into a ship in a port;

“free period” means the specified period during which cargo may be stored within a terminal facility free of storage charges;

“General Manager” means the General Manager of the Authority and includes any person appointed to act as General Manager or any Authorised Officer delegated by the General Manager to carry out any duty arising from the implementation of the Tariff;

“gross registered tonnage” means the highest gross registered tonnage of a ship as shown in Lloyds Register or similar register or from the ship's registration papers;

“imports” means cargo other than transhipment cargo or overlanded cargo discharged at a port from a ship;

“N.O.S.” means Not Other-wise Specified;

“owner” when used in relation—

1.  

   (a)     to cargo, includes any consignee, consignor, shipper or agent of the owner for the sale, custody, loading, handing, discharge or delivery of such cargo;

1.  

   (b)     to any ship, includes any part owner, charterer, operator, consignee or mortgagee in possession thereof or any duly authorised agent of such a person;

“passenger” means a person, other than a stowaway being carried on a ship, who is not a member of the crew of that ship;

“port users” means ships, owners of cargo and any other person or persons using a port or terminal facility;

“pilot” means a pilot employed by the Authority under the provisions of section 55 of the Act;

“place of rest” means a location designated by the General Manager within a terminal facility where cargo may be placed and allowed to remain whilst awaiting delivery or loading on board a ship;

“private yacht” means any ship used for recreation not plying for hire or reward and includes its master, owner or agent thereof;

“port” means the Seaport of Castries or the Seaport of Vieux-Fort as defined in the Act;

“ship” includes every description of water-craft in the water used or capable of being used as a means of transportation on water and shall include in its meaning its master, owner or agent;

“ship's hook” means the point of transfer from ship to a terminal facility or vice versa;

“shifting of a ship” means the moving of a ship from one point to another within a port at the request of the Authority, master, agent or owner;

“stevedoring” means the on-board operation of discharging, loading or restowing cargo in a ship;

“storage charge” means the penal charge made on cargo remaining in a terminal facility after the expiry date of any free period;

“tariff” means the Tariff Book and regulations under section 53 of the Act;

“T.E.U.” means 20 foot equivalent unit when used in connection with containers;

“terminal facility” means any equipment, premise or area provided by the Authority for the interchange of cargo from ship to shore or vice versa;

“ton” means 2,000 lbs. or 40 cubic feet;

“transhipment” means cargo declared as such in a port and brought in by a ship from outside Saint Lucia for the purpose of reshipment to a foreign place;

“vehicle” means any vehicle towed or propelled by any means whatsoever for the portage of cargo or persons otherwise than by sea;

“tug” means a tug owned or chartered by or otherwise under the control of the Authority.

3.   Fixing of Dues and Charges

The dues and charges set out in Schedules 3, 4, 5, 6, 7, 8 and 9 are hereby fixed and subject to the conditions specified in Schedule 1 and also subject to the general provisions of Schedule 9, shall be paid to and collected by the Authority.

Schedule 1

CONDITIONS GOVERNING APPLICATION OF THE TARIFF IN ACCORDANCE WITH SECTION 16 OF THE ACT

The dues and charges as published in this Tariff shall be subject to the undermentioned conditions—

1.   Application of Tariff and Supplements

The dues, charges and conditions whether general or special in the tariff apply equally to all users of all traffic in any port or terminal facilities owned, operated or administered by the Authority under the jurisdiction of the General Manager on and after the effective date of the Tariff or any supplements to it.

The General Manager by delegation from the Council is the sole judge as to the application of the Tariff and shall decide priorities as it appears to him or her best calculated to serve the public interest and in such a manner that no undue advantage may be gained or dis-advantage suffered by any port user or class of port user having regard to the use of the port by other port users or other classes of port users.

2.   Other Dues and Charges

The General Manager may fix the dues or charges to be paid in respect of any matter not included in the Tariff and for that purpose he or she shall take into account the total cost of any service provided by the Authority in respect of that matter and the nature of that service.

3.   Adjustment of Dues and Charges

The General Manager may where the circumstances of the case are unusual or exceptional make such adjustment to the dues or charges in the Tariff as the case may in his or her opinion require.

4.   Appeals

An appeal may be made to the Council on any ruling given by the General Manager on the tariff.

5.   Consent to the terms of the Tariff

The use of a port or terminal facility under the jurisdiction of the General Manager constitute a consent to the terms and conditions of the dues and charges in the Tariff and evidence of an agreement on the part of port users to pay all dues and charges specified in the tariff and be governed by the regulations in it.

6.   General Restrictions

The Authority is not obliged to—

1.  

   (a)     provide storage or accommodation for cargo which has not been transported nor is intended to be transported by water to or from a port;

1.  

   (b)     provide any service beyond the reasonable capacity of the terminal facilities available at that time;

1.  

   (c)     provide extended storage for cargo, beyond any free storage period provided for in the tariff; and

1.  

   (d)     accept any cargo which in the opinion of the General Manager is considered undesirable.

7.   Furnishing Documents

All port users shall furnish the General Manager with copies of inward and outward manifests and any other documents showing such information as may be reasonably required by the General Manager at such time and in such a manner as may be stipulated by him or her.

8.   Payment of Bills

All dues and charges assessed under the Tariff are due as they accrue and are payable within 15 calendar days after presentation of invoices. The Authority reserves the right in the event of a delay or failure to pay invoices when due to demand payment of dues or charges in advance before further services are performed or facilities used.

The Authority does not recognise individual owners of cargo and shall not attempt to collect dues and charges on behalf of the ship. The Authority shall be paid when such dues and charges are due regardless of when the ship is reimbursed.

9.   Deposits

The Authority may require a deposit for all dues and charges in advance which may accrue against a port user for the use of a port or terminal facility; such use may be denied until such advance payments or deposits are made.

10.   Appointment of an Agent

Every ship shall appoint an agent who is responsible for the payment of dues and charges without prejudice to the recovery by the agent from the owner or person in charge of the ship of such sums paid on behalf of any such ship.

11.   Lien for Dues and Charges

1.  

   (1)   Where any dues or charges payable under the tariff have not been paid within the period or at the time or place stipulated for their payment, the Authority may—

   1.  

      (a)     in the case of cargo in the port detain the cargo;

   1.  

      (b)     in the case of cargo on board a ship, seize the cargo and detain it; and

   1.  

      (c)     in the case of a ship detain the ship and appurtenances.

1.  

   (2)   Where any cargo in respect of which charges are due and payable is removed from the port the General Manager may so long as the charges due remain unpaid detain any other cargo standing in the port or on board any ship which belongs to the person liable for the payment of those charges.

1.  

   (3)   Where any ship in respect of which any dues and charges are due and payable has left the port the General Manager may so long as the dues and charges remain unpaid detain any other ship using a port which belongs to the person liable for the payment of those dues and charges.

12.   Insurance

The dues and charges in the tariff do not include any insurance of any nature. Port users using a port or terminal facility are required to insure against any risk arising from such use.

13.   Damage to Facilities

Port users of a port or terminal facility are responsible for any injury or damage to any person, port, ship, cargo, or terminal facility occasioned by them. It is the responsibility of the port users to report any damage occasioned by them immediately to the General Manager.

The Authority may detain any ship or vehicle responsible for any damage until a deposit is made to cover such damage or other indemnity given to the satisfaction of the General Manager.

14.   Acceptance of liability

In accordance with section 46(a) of the Act, the Authority has determined the following conditions under which liability is accepted—

1.  

   (a)     allowing cargo to remain in a terminal facility after the expiry of any free period is considered to be an omission by the owner and according to section 36(b)(iv) of the Act no liability whatsoever is accepted for any loss or damage to such cargo except in the case of the cargo being sold without adequate notice of the sale;

1.  

   (b)     Section 36(b)(viii) of the Act shall be considered by the Authority to cover all unprotected cargo and the Authority shall accept no liability for any loss or damage of such cargo howsoever caused;

1.  

   (c)     cargo stored in the open is held at owner's risk and the Authority shall accept no liability for any loss or damage howsoever caused to such cargo.

15.   Notice for Claims under Section 89

In accordance with section 89 of the Act, notice for claims shall be given to the General Manager in writing within the time specified in that section.

16.   Berthing

An “Application for a Berth” Form as in Appendix (1) shall be completed by a ship desiring a berth, and submitted to the General Manager 72 hours before the expected time of arrival of the ship.

An application for a berth shall be lodged with the General Manager, Monday—Friday not later than 3:00 p.m.

Once a berth is assigned which means a ship has been granted permission to use a specific berth a ship shall remain there until further directions or permission to move is given by the General Manager.

17.   Requisition for Port Services

Any port user requesting port services at a port shall complete a “Requisition for Port Services” as in Appendix (2) as far as reasonably possible in advance of the date such services are required and submit the completed forms to the General Manager.

18.   Access to Records

All port users are required to permit access to any relevant document for the following purposes—

1.  

   (a)     audit;

1.  

   (b)     ascertaining the correctness of reports submitted;

1.  

   (c)     securing necessary data to permit correct rating of dues and charges.

19.   Declared Tonnages

The Authority reserves the right to remeasure any ship and to weigh and measure any cargo in order to assess the accuracy of the GRT of ships and weights and measurements of cargo submitted for dues and charges purposes by port users. In the event of any error the cost of such operation shall be at the expense of the port user.

20.   Liability for delays

The Authority is not liable for any loss or damage arising from any detention of cargo or delay in the discharge or loading of any ship or any stoppage by or connected with any ship in the delivery of cargo or shipment of cargo or any detention or delay of ships or vehicles howsoever caused. Any dues and charges incurred in the tariff shall be payable despite the occurrence of any such event.

21.   Offences

The attention of port users is drawn to Part 10 of the Act in particular sections 79, 80, 82, 83 and 84, which apply to the tariff.

Schedule 2

MARINE DUES

1.   Pilotage

In accordance with section 54 of the Act, pilotage is compulsory for ships over 100 GRT unless exempted under subsection (2).

2.   Pilotage Dues

Ships shall be charged pilotage dues as follows—

1.  

   (1)   Pilotage wholly carried out between 0800–1600 hours Monday to Friday—

   1.  

      (a)     for ships on arrival and departure to or from a berth and shifting from one berth or anchorage to another in the harbour—

      (i)	under 100 GRT	EC $ 25 per move
      (ii)	100 GRT–500 GRT	$ 75 „ „
      (iii)	501 GRT–2,000 GRT	$ 95 „ „
      (iv)	2,001 GRT–5,000 GRT	$125 „ „
      (v)	5,001 GRT–10,000 GRT	$200 „ „
      (vi)	10,001 GRT–15,000 GRT	$220 „ „
      (vii)	15,001 GRT–20,000 GRT	$250 „ „
      (viii)	over 20,000	$300 „ „

   1.  

      (b)     for ships from Port Castries to any anchorage outside harbour limits the rates in (i) above will be increased by 100%;

   1.  

      (c)     for ships not engaged in commerce—

      (a)	Not exceeding 50 GRT	EC $ 10 per move
      (b)	50 GRT— 99 GRT	$ 20 „ „
      (c)	and above 100 GRT as in (i) above.

1.  

   (2)   Pilotage when any part is carried out between 1600 hours and 0800 hours Mondays to Fridays and any time Saturdays, Sundays or public holidays the dues shown in (1) above will be increased by 75%.

3.   Extra Charges Pilot

If a pilot is required to go from his or her permanent pilot station either from Castries or Vieux-Fort to take a ship to other ports in Saint Lucia (excluding Castries and Vieux-Fort) the ship shall arrange transportation and reasonable accommodation if necessary for the pilot. The Authority shall charge an additional $40 per hour for the full period a pilot is away from his or her permanent station.

4.   Notification required

Ships shall give the Authority 72 hours notice confirmed in writing for any Pilotage required.

5.   Cancellation

A cancellation of a pilotage request confirmed in writing shall be made at least 3 hours before the time originally requested.

If such a cancellation is not received, a stand-by charge shall be levied. The stand-by charge subject to a minimum charge as for 3 hours shall be as follows—

6.   Running Lines

A charge shall be made for running lines at the arrival, departure and shifting of ships.

7.   Pratique

The charge for pratique shall be as follows—

1.  

   (Amended by S.I.97/2002)

8.   Clearance Charge

The charge for clearance for ships, excluding yachts, is $20.00.

1.  

   (Amended by S.I.97/2002)

9.   Navigational Aids

The charge per call for navigational aids is as follows—

Two cents per GRT of any ship subject to a minimum charge of $15.00 and a maximum charge of $100.00. (Amended by S.I. 97/2002 and 64/2010)

10.   Towage

Charges for the services of a tug shall be determined by the General Manager.

Schedule 3

PORT CARGO AND PASSENGER DUES

1.   Port Dues

Ships using a port shall pay port dues as follows—

1.  

   (a)     Ships not registered in Saint Lucia

   		First 48 hours	Each 24hrs. or part thereof thereafter
   (i)	under 100 GRT	$15	$10
   (ii)	100–500 GRT	$42	$28
   (iii)	501–1,000 GRT	$90	$60
   (iv)	1,001–2,000 GRT	$120	$80
   (v)	2,001–5,000 GRT	$150	$100
   (vi)	5,001–10,000 GRT	$210	$140
   (vii)	10,001–15,000 GRT	$240	$160
   (viii)	over 15,000 GRT	$300	$200

1.  

   (b)     Ships registered in Saint Lucia shall be charged 75% of the rates shown in (a) above.

2.   Exemption from Port Dues

The following ships shall be exempted from paying Port dues—

1.  

   (a)     Saint Lucian fishing ships

1.  

   (b)     Royal Naval Ships

1.  

   (c)     Foreign Naval Ships not engaged in trade

1.  

   (d)     Ships owned by the Government of Saint Lucia

1.  

   (e)     Ships employed exclusively coast wise in Saint Lucia waters.

3.   Excess Port Dues for Unauthorised Berthing

Despite the provisions in paragraph 21 of Schedule 1 herein any ship berthed in an unauthorised manner or shifted without the approval of the General Manager shall be subject to the dues shown in paragraph 1 above plus 100% subject to a minimum charge of $100.

4.   Cargo Dues

1.  

   (1)   Ships using a port shall pay cargo dues as follows—

   1.  

      (a)     cargo carried in ships over 100 GRT – $6 per ton or part of a ton landed or loaded;

   1.  

      (b)     cargo N.O.S. carried in ships under 100 GRT – $1 per ton or part of a ton landed or loaded;

   1.  

      (c)     cargo consisting of agricultural products of Saint Lucia carried in ships under 100 GRT – $0.50 per ton or part of a ton landed or loaded.

1.  

   (2)   Boats being transhipped – $6 per ton or part of a ton.

1.  

   (Substituted by S.I. 80/2021)

5.   Conditions Applying to Cargo Dues

The following conditions shall apply to cargo dues—

1.  

   (a)     cargo dues shall not be charged on ships' stores.

1.  

   (b)     cargo dues shall be charged on transhipment cargo on both movements.

6.   Passenger Dues

Ships using a Port shall pay passenger dues as follows—

1.  

        Passenger embarking or disembarking–EC15.00 per passenger.

1.  

        This charge shall not be levied on passengers in transit and children under 12 years.

(Amended by S.I. 32/1999, 23/2001 and 45/2003)

7.   In transit Passenger fee

A fee of EC$17.66 or US$6.50 per passenger on board shall be imposed on every tourist vessel which comes alongside the dock or anchors off shore. (Inserted by S.I. 30/1998)

8.   PORT SECURITY FEE

A Port Security fee shall be charged as follows—

1.  

   (a)     on break bulk cargo – $3.00 per ton or part of a ton landed or loaded;

1.  

   (b)     on containerized cargo – $3.00 per ton or part of a ton landed or loaded;

1.  

   (c)     on empty containers – $3.00 per container;

1.  

   (d)     on passengers embarking a vessel at the Castries Ferry Terminal – $3.00 per passenger.

1.  

   (Inserted by S.I. 64/2010)

Schedule 4

CARGO HANDLING CHARGES — BREAK BULK CARGO

1.   Cargo Handling Charges

The cargo handling charge covers the service of receiving from ship's hook sorting and checking to bill of lading, transfer to a place of rest and delivery and vice versa.

2.   Import Cargo Handling

Cargo handling shall be charged, on import cargo as follows —

1.  

   (Substituted by S.I. 80/2021)

3.   Export Cargo Handling

Cargo handling shall be charged on export cargo as follows—

4.   Overlanded or Overcarried Cargo

Overlanded and over carried cargo shall be charged as follows—

5.   Transhipment

The cargo handling charge for transhipment cargo shall be $16 per ton or part of a ton.

Transferring when on carrying ship is not alongside the shed which contains the cargo shall be charged in addition at $10 per ton or part of ton.

6.   Sorting

A charge shall be made for sorting cargo within a bill of lading. The charge for sorting shall be as follows—

1.  

   (a)     sorting to any one mark or size – $10 per ton on bill of lading quantity;

1.  

   (b)     sorting to any additional mark concurrently with (i) above – $15 per ton on bill of lading quantity.

7.   Damaged Cargo

Cargo arriving in the port in an apparently damaged condition shall be sorted in a damaged cargo locker.

8.   Coopering

A charge shall be levied to handle damaged cargo or to repair packaging. The charge shall be $5 per package handled in the damaged cargo locker.

9.   Documents

To expedite prompt handling of cargo in terminal facilities port users shall submit to the General Manager such documents as are requested by the General Manager.

The documents required shall include—

1.  

   (a)     Import Cargo

   1.  

      (i)     four legible copies of the ships manifest showing details of each bill of lading including weights and measurements; these copies shall be lodged at least 3 clear days prior to the arrival of the ship – the only exception being ships trading inter-Caribbean which may lodge manifests on arrival of the ship,

   1.  

      (ii)     one copy of the ships' release (delivery order).

1.  

   (b)     Export Cargo—

   1.  

      (i)     one copy of the loading list to be submitted at least 24 hours prior to the loading of the ship,

   1.  

      (ii)     one copy of the customs report outwards (Form A7),

   1.  

      (iii)     three legible copies of the outward manifest showing details of each bill of lading including weights and measurements to be submitted within 3 days of the ship's departure.

10.   Correction to Manifests

A charge of $1 per item shall be made for correcting a manifest after it has been lodged with the Authority in accordance with paragraph 9 above subject to a minimum charge of $10.

Schedule 5

DUES AND CHARGES FOR CONTAINERS

1.   Dues

Ships carrying containers shall be charged marine dues and port dues as stated in Schedule 2 and 3.

2.   Other Dues and Charges

Other dues and charges for containers shall be as follows—

3.   Stuffing and Unstuffing

The charge for —

(Substituted by S.I. 64/2010 and by S.I. 80 of 2021)

4.   Shifting containers

A charge shall be made for landing containers during stevedore operations.

The terminal charge for landing containers shall be as follows:—

5.   Stevedoring Charges

The charge for stevedoring containers shall be as stated in Schedule 6 paragraphs 2 and 3.

The additional charge for restowing or landing containers during operations shall be as follows—

6.   Transhipment Containers

The charges for handling transhipment containers at a port may be obtained on application to the General Manager.

Schedule 6

STEVEDORING CHARGES

1.   General

The Authority shall undertake all stevedoring for ships in a port but in special circumstances the General Manager may allow ships to carry out their own stevedoring subject to such conditions as the General Manager may apply.

2.   Stevedoring Charges

The charge for stevedoring on board a ship shall be as follows—

1.  

   (a)     the total cost of labour and supervision employed;

1.  

   (b)     10% of (i) above for insurance cover;

1.  

   (c)     employers contribution on (a) above for National Insurance;

1.  

   (d)     the cost at current rates for any equipment used either on board or ashore to load and discharge the ship;

1.  

   (e)     a charge of $4 per ton or part of a ton handled.

3.   Standby and stoppage time

A charge shall be made to the ship for any standby and stoppage time incurred on a ship to cover terminal staff labour and supervision.

The charge for standby or stoppage time shall be as follows—

Schedule 7

STORAGE CHARGES

1.   General

The attention of port users is drawn to sections 51 and 52 of the Act.

Port users are advised that terminal facilities are meant for the rapid handling of transit cargo and not for warehousing. The storage charges are penal. Port users are reminded that in accordance with section 36 of the Act the Authority is not liable for loss or damage for cargo remaining in a terminal facility after the expiry date of the rent free period.

2.   Free Period

The free period shall be as follows—

1.  

   (a)     import and export cargo 5 days excluding Saturdays, Sundays and public holidays;

1.  

   (b)     transhipment cargo including containers transhipped 21 days excluding Saturdays, Sundays and public holidays;

1.  

   (c)     empty containers – 15 days excluding Saturdays, Sundays and public holidays (Substituted by S.I. 13/2021)

(Substituted by S.I. 64/2010)

3.   Computation of free period

The free periods shall be calculated as follows—

1.  

   (a)     import and transhipment cargo: the free period shall commence at noon of the day following the day the ship is considered by the General Manager to have completed discharge;

1.  

   (b)     export cargo: the free period shall commence at noon of the day following receipt of the cargo into the port;

1.  

   (c)     empty containers: the free period shall commence at noon at the day following the day when it is discharged or received into the port or unstuffed in a port.

4.   Storage Charges

The charges for all cargo remaining in Port Castries and Port Vieux Fort after the free storage period has elapsed is $3.50 per day or a fraction of the day per ton or part of a ton.

(Substituted by S.I. 64/2010)

5.   Removal of Cargo from a Port

Despite anything in paragraphs 1–4 above, the General Manager may instruct the owner of any cargo to remove it from a port within 48 hours of such instruction. If this instruction is not complied with the General Manager may dispose of such cargo at the owner's risk and expense.

6.   Transfer of Cargo

Cargo remaining on hand after the free storage period may be transferred to another place of rest and a charge shall be made for such a transfer.

The charge for transferring cargo within a port shall be $10 per ton or part of a ton.

Schedule 8

MISCELLANEOUS CHARGES

1.   Yachts Licences

All yachts shall pay licensing fees as per Yachts Licensing Act—

(Amended by S.I. 97/2002 and38/2003)

2.   Annual Permit Fees (Licenisng)

The following annual permit fees are applicable to the following business categories for the privilege of conducting their operations at the sea port of Castries or Vieux-Fort—

The General Manager may licence other businesses by special arrangement.

The above permit fees shall be applied on a calendar year basis. Firms commencing business after 30 June or any calendar year shall pay ¹/₂ of the scheduled yearly fees.

Schedule 9

GENERAL PROVISIONS

1.   Normal Working

The dues and charges quoted in the Tariff shall apply to operations carried out during normal working hours. Normal working hours shall be as defined by the General Manager.

At the time this Tariff was published normal working hours were as follows—

1.  

   (a)     for marine dues contained in Schedule 2 herein — 0800 hours — 1600 hours Mondays — Fridays only.

1.  

   (b)     for stevedoring charges contained in Schedule 7 — 0700 hours — 1600 hours Mondays — Fridays only.

1.  

   (c)     for all other dues and charges 0800 hours — 1600 hours Mondays — Fridays only.

2.   Overtime

In addition to the normal working hours specified in paragraph 1 above overtime may be allowed at the discretion of the General Manager. Special arrangements shall be made to work outside normal working hours and the cost of overtime including meal hours shall be borne by the port user requesting such overtime.

3.   Plant Hire

Mechanical and other equipment if available may be hired to port users. A charge of an hourly basis shall be charged for any mechanical or other equipment. The charges and conditions for hiring such equipment may be obtained from the General Manager.

4.   Conditions for Hiring Equipment

The Authority shall not be responsible for any injury, loss or damage sustained as a result of using such equipment howsoever caused.

5.   Unitised Cargo

Wherever possible general cargo shall be handled by the Authority on pallets.

APPENDIX 1
SAINT LUCIA AIR AND SEA PORTS AUTHORITY

APPENDIX 2
SAINT LUCIA AIR AND SEA PORTS AUTHORITY

Saint Lucia Air and Sea Ports Authority (Airport Tariff) Regulations – section 53

(Statutory Instruments 74/1995, 31/1998 and 46/2003)

Statutory Instrument 74/1995 .. in force: Subregulation (9): 1 July 1992

Remainder: 1 September 1991

Amended by S.I. 31/1998 .. in force 1 May 1998

Amended by S.I. 46/2003 .. in force 1 June 2003

ARRANGEMENT OF REGULATIONS

SAINT LUCIA AIR AND SEA PORTS AUTHORITY (AIRPORT TARIFF) REGULATIONS – SECTION 53

Commencement [Subregulation (9): 1 July 1992; remainder: 1 September 1991]

1.   Citation

These Regulations may be cited as the Saint Lucia Air and Sea Ports Authority (Airport Tariff) Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Saint Lucia Air and Sea Ports Authority Act;

“aerodrome” means George F. L. Charles or Hewanorra Airport;

“aircraft weight” means the maximum permissible take-off weight authorised by the aircraft's certificate of airworthiness;

“Authority” means the Saint Lucia Air and Sea Ports Authority incorporated under the Act;

“General Manager” means the General Manager of the Authority or any authorised officer delegated by the General Manager to carry out any duty arising from the implementation of the tariffs in these Regulations.

3.   Landing fees

The fees specified in Schedule 1 shall be charged and collected for the landing of aircraft at an aerodrome.

4.   Extension fees

1.  

   (1)   In addition to fees chargeable under regulation 3 an extension fee equivalent to 50% of the landing fee shall be paid by an aircraft operator for any extension not exceeding one hour to the operating hours of an aerodrome.

1.  

   (2)   Where the extension exceeds one hour, the extension fee shall be equivalent to the landing fee for the aircraft.

1.  

   (3)   In no case shall the extension fee be less than $300.

1.  

   (4)   The operating hours for George F. L. Charles and Hewanorra Airports for the purposes of calculating the extension fee shall be 6:00 a.m. to 11:00 p.m. daily.

5.   Parking fees

1.  

   (1)   Whenever an aircraft is parked at an aerodrome for a period longer than 2 hours there shall be paid in respect of the use of the apron a parking fee equivalent to 20% of the landing fee of the aircraft.

1.  

   (2)   The first 2 hours shall be free, thereafter parking shall be per 24 hours or part of 24 hours.

1.  

   (3)   The minimum parking fee in any event shall be $10.

6.   Navigation and communication fees

The fees specified in Schedule 2 shall be charged and collected from any aircraft which lands at an aerodrome, for the use of communication and navigation equipment of the aerodrome.

7.   Exemptions

The following shall be exempted from payment of the fees specified under regulations 3, 4, 5 and 6 –

1.  

   (a)     test flights approved by the General Manager;

1.  

   (b)     aircraft returning within one hour due to bad weather or to mechanical or radio defects; and

1.  

   (c)     state or military aircraft specified by the Minister responsible for aviation as exempted.

8.   Security charge

1.  

   (1)   A security charge of $13 shall be levied on every departing passenger who uses an aerodrome.

1.  

   (2)   The security charge specified under subregulation (1) shall be paid by the airline by which the passenger departs, to the Authority.

1.  

   (Amended by S.I. 46/2003)

9.   Facilitation charge

1.  

   (1)   A facilitation charge of $1 shall be levied on every arriving passenger.

1.  

   (2)   The facilitation charge specified under subregulation (1) shall be paid by the airline by which the passenger arrives, to the Authority.

10.   Fuel through put charge

A fuel through put charge of US$0.02 shall be levied on the fuel dealer for each U.S. gallon of fuel sold at the airport terminal.

Schedule 1

Schedule 2

Airport (Service Charge) Regulations

(Statutory Instruments 47/1996, 53/1996, 24/2001, 52/2002, 41/2004, 127/2006, 135/2007, 89/2016 and 137/2017)

Statutory Instrument 47/1996 .. in force 21 September 1996

Amended by S.I. 53/1996 .. in force 28 September 1996

Amended by S.I. 24/2001 .. in force 3 March 2001

Amended by S.I. 52/2002 .. in force 1 July 2002

Amended by S.I. 41/2004 .. in force 1 June 2004

Amended by S.I. 127/2006 .. in force 1 July 2006

Amended by S.I. 135/2007 .. in force 20 August 2007

Amended by S.I. 89/2016 .. in force 3 November 2016

Amended by S.I. 137/2017 .. in force 27 December 2017

ARRANGEMENT OF REGULATIONS

AIRPORT (SERVICE CHARGE) REGULATIONS – SECTION 53

Commencement [21 September 1996]

1.   Citation

These Regulations may be cited as the Airport (Service Charge) Regulations.

2.   Interpretation

In these Regulations—

“airport service charge” means the charge imposed under regulation 3;

“carrier” means—

1.  

   (a)     the owner of an aircraft which transports a passenger from an airport to any place outside Saint Lucia;

1.  

   (b)     the pilot or other person in charge or control of an aircraft which transports a passenger from an airport to any place outside Saint Lucia;

1.  

   (c)     the agent in Saint Lucia of any person referred to in paragraph (a) or (b); or

1.  

   (d)     if the owner referred to in paragraph (a) or the agent referred to in paragraph (c) is a corporation, every director and manager of that corporation;

“Collector” means any person or carrier designated in writing as a collector by the General Manager of the Authority;

“exempted person” means a person exempted from payment of the airport service charge under regulation 4;

“protective services” includes the Royal Saint Lucia Police Force, the Port Police, the Fire Service, Her Majesty's Prisons, the protective services of any friendly country and the armed forces of any friendly country;

“traveller” means any person who—

1.  

   (a)     travels from an airport to any place outside Saint Lucia; or

1.  

   (b)     proposes to travel from an airport to any place outside Saint Lucia.

3.   Airport service charge

There is hereby established a charge as set out in Schedule 1, to be known as the airport service charge, to be levied by the Saint Lucia Air and Sea Ports Authority and to be paid by every traveller.

4.   Exempted persons

1.  

   (1)   Despite regulation 3, the persons specified in Schedule 2 are exempt from the payment of airport service charge.

1.  

   (2)   Any claim to entitlement to exemption from the payment of airport service charge under items (i), (j), (k) and (l) of Schedule 2 shall be decided by a Collector and his or her decision is final.

5.   Penalty for boarding aircraft without payment of airport service charge

1.  

   (1)   A traveller who is not an exempted person shall not board, or proceed to board, the aircraft by which he or she proposes to travel from an airport, unless he or she has paid the airport service charge to a Collector.

1.  

   (2)   A person who is in charge of an aircraft shall not permit a person who is liable to pay, but has not paid the airport service charge, to board the aircraft of which he or she is in charge or control.

1.  

   (3)   Any person who contravenes subregulation (1) or (2) commits an offence is liable, on summary conviction, to a fine not exceeding $200 to imprisonment for a term not exceeding 3 months.

1.  

   (4)   A magistrate may, in addition to any penalty he or she may impose on any person convicted of an offence under subregulation (3), order the person so convicted to pay any airport service charge found to be due and payable by him or her and may order, in default of such payment, imprisonment of that person for a term not exceeding one month.

6.   Liability of and recovery from carrier

1.  

   (1)   Where an airport service charge, due and payable under regulation 3 remains unpaid by any traveller, the full amount of such charge shall be due and payable by, and recoverable from the carrier of that traveller.

1.  

   (2)   Where under subregulation (1) a sum of money due and payable in respect of the airport service charge is recoverable from more than one person, then the liability of such persons to pay that sum is joint and several.

1.  

   (3)   Any sum due and payable under this regulation may be recovered as a debt due to the Authority in civil proceedings.

7.   Power to withhold clearance of aircraft from unpaid service charge

The authorised officer within the meaning of section 43(1) of the Saint Lucia Air and Sea Ports Authority Act may withhold clearance of an aircraft whose pilot or other person in charge or control proposes, or is about to transport any traveller who is not an exempted person, and in respect of whom any airport service charge is due and payable but has not been paid in accordance with these Regulations.

8.   Power to amend Schedules

The Authority may, subject to the approval of the Minister, by order, amend the Schedules.

Schedule 1

Schedule 2

(Regulation 4)

PERSONS EXEMPTED FROM PAYMENT OF AIRPORT SERVICE CHARGE

1.  

   (a)     the Governor General, his or her spouse and children under the age of 18 years when travelling with him or her;

1.  

   (b)     a member of Parliament, his or her spouse and children under the age of 18 years when travelling with him or her;

1.  

   (c)     Judges of the Eastern Caribbean Supreme Court;

1.  

   (d)     persons signified by a Minister or a Permanent Secretary of a Ministry, to be travelling on business of the Government;

1.  

   (e)     persons signified by a Minister to be guests of the Government;

1.  

   (f)     the official representative of the government of any country, his or her spouse and children under the age of 18 years when travelling with him or her;

1.  

   (g)     representatives of the United Nations Organisation or any other international or regional organisation accorded diplomatic privileges in Saint Lucia or persons sent on missions on behalf of any such organisations, their spouses and their children under the age of 18 years;

1.  

   (h)     members of the protective services of Saint Lucia or any friendly country, when travelling on official duty;

1.  

   (i)     persons leaving Saint Lucia on the same day of arrival;

1.  

   (j)     members of the operating crew of an aircraft;

1.  

   (k)     ministers of religious denominations which have a congregation in Saint Lucia and are registered with the Ministry charged with the responsibility for the subject of ecclesiastical affairs;

1.  

   (l)     students who are Saint Lucian nationals, citizens or residents proceeding abroad to educational institutions to pursue a course of study approved by the Ministry of Education;

1.  

   (m)     persons repatriated, or deported from Saint Lucia by the Government, or under any law in force;

1.  

   (n)     persons below the age of 12.

(Amended by Act 53 of 1996)

Saint Lucia Air and Sea Ports Authority (Seaports) Regulations – Section 73

(Statutory Instrument 92/1985)

Statutory Instrument 92/1985 .. in force 7 December 1985

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY

PART 2
CONTROL OF PORTS

PART 3
PILOTAGE AND TOWAGE

PART 4
SHIPS REPORT, MOVEMENT, BERTHING

PART 5
WORKING OF SHIPS

PART 6
SHIPS GENERAL

PART 7
DANGEROUS GOODS

PART 8
SMALL CRAFT

PART 9
GENERAL SAFETY REGULATIONS

PART 10
HANDLING AND STORAGE OF CARGO

PART 11
MISCELLANEOUS

SAINT LUCIA AIR AND SEA PORTS AUTHORITY (SEAPORTS) REGULATIONS – SECTION 73

Commencement [7 December 1985]

PART 1
PRELIMINARY

1.   Citation

These Regulations may be cited as the Saint Lucia Air and Sea Ports Authority (Seaport) Regulations.

2.   Interpretation

In these Regulations unless the context otherwise requires—

“Act” means the Saint Lucia Air and Sea Ports Authority Act;

“animal” means any animate of any kind whatsoever except a human being;

“authorised person” means a person authorised by the General Manager to exercise the powers or perform the duties in respect of which the expression is used;

“Authority” means the Saint Lucia Air and Sea Ports Authority incorporated under the Act;

“customs officer” means the Comptroller of Customs or any officer authorised by him or her to exercise the powers or perform the duties in respect of which the expression is used;

“dangerous goods” means the goods listed in the International Maritime Dangerous Goods Code for the Transportation of Explosives and Other Dangerous Goods published by the Intergovernmental Maritime Organisation in London with index of substances their supplements or to successive issues;

“exports” mean goods loaded or intended to be loaded in a ship in a port;

“fairway” means the whole of the navigable channel or channels of a port;

“General Manager” means the General Manager of the Authority and includes any person appointed to act as General Manager or any authorised person delegated by the General Manager to carry out any duty arising from the implementation of these regulations;

“goods” include all kinds of movable property including animals;

“immigration officer” means the Chief Immigration Officer or any officer authorised by him or her to exercise the powers or perform the duties in respect of which the expression is used;

“imports” means goods other than transhipment goods or overlanded goods discharged at a port from a ship;

“lifting machinery” means cranes, winches, derricks, hawsers, derrick booms derrick and mast bands, goose necks, eyebolts and all other permanent attachments to the derricks, masts, and decks used in hoisting or lowering in connection with the processes;

“master” means in relation to a ship any person other than an Authority Pilot having charge of the ship;

“normal working hours” means the normal hours of work as prescribed by the General Manager;

“overtime” means work carried on outside normal working hours;

“owner” means when used in relation to—

1.  

   (a)     goods, includes any consignee, consignor, shipper or agent of the owner for the sale, custody, loading, handling, discharge or delivery of such goods;

1.  

   (b)     any ship, includes any part owner, charterer, operator, consignee or mortgagee in possession thereof or any duly authorised agent of such a person;

1.  

   (c)     any vehicle, the registered owner of the vehicle;

“passenger” means a person other than a stowaway being carried on a ship who is not a member of the crew of that ship;

“passenger baggage” means the baggage carried on a ship by a passenger as personal property and does not include trade goods;

“pilot” means a pilot authorised by the General Manager;

“pleasure craft” means any small craft used for recreation but not plying for hire or reward;

“port” means the sea ports of Castries and Vieux-Fort as defined in Schedule 1 of the Act;

“port area” means the fenced area in a port approved by Customs for the manipulation and storage of goods and any other premise or property owned or used by the Authority;

“ship” includes every description of water craft in the water used or capable of being used as a means of transportation on water and shall include in its meaning master, owner or agent;

“small craft” means any tug, launch, barge, lighter, rowing boat, sailing-boat, or similar craft under 100GRT but does not include schooners or ships engaged in international trade;

“tariff” means the Tariff Book and Regulations prepared and promulgated under section 53 of the Act;

“transhipment goods” means goods declared as such in a port and brought in by a ship from a foreign place for the purpose of re-shipment;

“transit shed” means a warehouse approved by the Comptroller of Customs or used as a transit shed or any premise used by the Authority to store goods;

“tug” means a tug owned or chartered by or otherwise under the control of the Authority;

“vehicle” means any vehicle towed or propelled by any means whatsoever for the portage of goods or passengers otherwise than by sea and shall include its driver and owner.

PART 2
CONTROL OF PORTS

3.   General Control

1.  

   (1)   A person entering or remaining in a port area and every ship and every person on board in a port shall be subject to the general control and direction of the General Manager. For securing the safety or protection of goods in a port area and for the prevention of crime or any contravention of these regulations the General Manager may refuse to grant permission to any person wishing to enter or remain in a port or port area without assigning any reason for such refusal and may at any time revoke any permission granted earlier to any person.

1.  

   (2)   The General Manager may authorise any person to carry out any or all of these functions under these regulations and may in a like manner revoke any such authorisation at any time.

1.  

   (3)   The General Manager may whenever it is necessary in his or her opinion to do so close any port or part thereof to the public at such times and for such periods as he or she sees fit and may in a like manner restrict access to a port area to such persons of vehicles or such classes of persons of vehicles as the General Manager may determine.

4.   General restrictions on persons entering or leaving a port

1.  

   (1)   The General Manager reserves the right of admission to a port area and may restrict entry to any person unless he or she has legitimate business in a port area.

1.  

   (2)   Every person entering into within or leaving a port area shall when so requested by an authorised person state his or her true name, address and the nature of his or her business and produce any written permission or authority to that authorised person.

1.  

   (3)   All persons entering or leaving a port area shall do so only through the entrances or exits provided and designated for that purpose.

1.  

   (4)   Any authorised person may stop the entry of any person to a port area or eject any person from a port area unless he or she has legitimate business.

1.  

   (5)   The port area shall be open for such hours and on such days as the General Manager determines.

1.  

   (6)   Any person wishing to enter a port area for a legitimate purpose between the hours of 6:00 p.m. and 6:00 a.m. may apply to the General Manager who may allow such entry subject to the condition that the Authority is not liable for personal injury whether fatal or otherwise to any such person and/or loss of or damage to his or her property howsoever caused.

5.   Port Passes

1.  

   (1)   Any person employed within or habitually visiting a port area shall carry and exhibit such means of identification or pass as may be prescribed by the Authority.

1.  

   (2)   Any person who seeks to enter a port area shall first apply for and obtain an entry pass or identification disc which may be restricted to such parts in a port area as the Authority may designate in the pass.

1.  

   (3)   The General Manager without stated reasons may delay or refuse to issue any pass or identification disc or withdraw any identification disc already issued under paragraphs (1) and (2).

1.  

   (4)   A pass or identification disc referred to in paragraphs (1) and (2) is not transferable and is valid only for the person named therein and for the purpose and period of time stated therein.

1.  

   (5)   Every person who has obtained a pass and/or identification disc referred to in paragraphs (1) and (2) shall—

   1.  

      (a)     be considered to have read and understood it and to have agreed to abide by such terms and conditions as may be written or printed on the pass or endorsed thereon;

   1.  

      (b)     keep the pass and identification disc in his or her possession whilst in the port area.

   1.  

      (c)     comply with every direction given by an authorised person;

   1.  

      (d)     at the request of an authorised person produce the pass;

   1.  

      (e)     surrender the pass to the Authority when the need for the pass no longer exists or when the pass has expired.

6.   General restrictions on the entry of vehicles into a port area

1.  

   (1)   The Motor Vehicles and Road Traffic Act and regulations made under it shall apply to vehicles in a port area.

1.  

   (2)   Before operating or parking a vehicle in a port area a person shall first obtain a permit from an authorised person for that purpose.

1.  

   (3)   Where any vehicle is driven into a port area with the knowledge and consent, expressed or implied, of the registered owner any violation or contravention of these Regulations by the operator of the vehicle shall constitute a violation or contravention of these regulations by the registered owner.

1.  

   (4)   The entry of vehicles into a port area shall be subject to the control and direction of the General Manager and any vehicles entering a port area for the purpose of delivery, depositing or collecting goods or passengers therein shall not be permitted to remain in a port area after the goods or passengers as the case may be have been so delivered, deposited, or collected.

7.   General Restrictions on the use of vehicles in a port area

1.  

   (1)   Any person driving or using or in charge of a vehicle shall at all times when arriving at an entrance to a port area for the purpose of entering or whilst within a port area or when leaving a port area shall conduct himself or herself in an orderly manner and shall comply with—

   1.  

      (a)     such directions as may be issued generally or specially by the General Manager in respect of driving, parking or the use of vehicles in the port area or at any entrance to or exit from a port area;

   1.  

      (b)     the terms of all notices or signs relating to the driving, parking or use of vehicles exhibited in a port area by the Authority.

1.  

   (2)   Where a vehicle is operated or parked in a port area in contravention of these regulations the General Manager may remove that vehicle at the risk and expense of the owner.

8.   Restrictions on the use of vehicles in a port area

A person shall not while in a port area—

1.  

   (a)     drive any vehicle in a manner which is dangerous to other vehicles, persons or property in a port area;

1.  

   (b)     drive any vehicle at a speed exceeding 10 miles per hour or any other speed as may be prescribed by the Authority;

1.  

   (c)     when driving or in charge of a vehicle disregard any danger signal given or refuse to stop when so required by an authorised person;

1.  

   (d)     park any vehicle at any place or in a manner otherwise than in accordance with the general or special directions of the General Manager. In this connection a vehicle considered to be parked wherever it is stopped other than required by traffic control whether or not the driver remains in the vehicle and whether or not the engine of the vehicle is running;

1.  

   (e)     leave any vehicle unattended in any place in a port area in such a manner as to cause or be likely to cause an obstruction to other persons or vehicles using or passing the place;

1.  

   (f)     ride any bicycle in any transit shed or along the quay front in a port area;

1.  

   (g)     allow gasoline oil or other substance likely to be dangerous or constitutes nuisance to drip from a vehicle;

1.  

   (h)     allow a vehicle to be loaded in excess of the load limits specified for that vehicle;

1.  

   (i)     allow a vehicle to be loaded improperly or in such a way that it is likely to cause damage to roadways or other property or goods in a port area;

1.  

   (j)     supply to, receive into or discharge from any vehicle any gasoline or other fuel or oil except at locations and times approved by the General Manager.

9.   Report of an accident involving a vehicle

When any accident occurs within a port area involving a vehicle the driver shall stop the vehicle and report the accident to any authorised person and shall give his or her name and address and the name and address of the owner of the vehicle.

10.   Removal of Goods

1.  

   (1)   A person shall not knowingly or otherwise remove or attempt to remove any goods from a port area unless he or she—

   1.  

      (a)     is in possession of a written permit issued by an authorised person permitting the removal thereof;

   1.  

      (b)     has satisfied customs requirements in connection with the goods;

   1.  

      (c)     has paid or secured to the satisfaction of the General Manager all port dues, rates, rents and charges which may have accrued on the goods.

1.  

   (2)   Every person in a port area removing or about to remove any goods from a port area shall produce the written permit in paragraph (1)(a) on demand to any authorised person and shall if requested by the authorised person permit such authorised person to inspect the goods at such place in the port area as the authorised person may direct.

1.  

   (3)   Any person or vehicle in a port area entering within or leaving a port area may be searched by an authorised person.

1.  

   (4)   A person shall not tamper or interfere with goods or other property in a port area.

11.   Animals

1.  

   (1)   A person except with the permission of the General Manager shall not bring or cause to be brought into a port area any animal.

1.  

   (2)   Any animal found at large in a port area may be destroyed by an authorised person and the carcase disposed of by the Authority without compensation to the owner.

1.  

   (3)   Any animal on board a ship in a port shall be properly secured thereon and only allowed ashore with the permission of the veterinary authority.

12.   Burials

1.  

   (1)   A dead body of any kind shall not be buried within a port area.

1.  

   (2)   The body of a dead person shall not be buried at sea within 3 nautical miles seaward of the limits of a port.

1.  

   (3)   A dead animal shall not be deposited in a port.

13.   Admission of children

A child under the age of 12 years shall not be allowed into a port area unless accompanied by an adult who shall be responsible for the child.

14.   Restriction on trading activities in a port area

1.  

   (1)   A person shall not sell or expose or offer for sale any goods or refreshments or exchange any money or hold any auction or solicit any customer in a port area or from a ship alongside close to or occupying a berth in a port unless that person holds a licence issued in that behalf by the General Manager.

1.  

   (2)   The holder of a licence issued under paragraph (1) shall—

   1.  

      (a)     produce the licence when requested to do so by an authorised person;

   1.  

      (b)     not transfer or lend such a licence to any other person for use by that person;

   1.  

      (c)     not employ any person in a port area without the written permission of the Authority;

   1.  

      (d)     not trade in any commodity other than that specified in the licence.

1.  

   (3)   The licence may be subject to such terms and conditions as the General Manager may see fit and may be revoked by the General Manager at any time.

15.   In the event of fire in a port area

In the event of a fire in a port area—

1.  

   (a)     a person in a port area shall not disregard the directions of an authorised person or obstruct or in any way interfere with fire fighting operations;

1.  

   (b)     the General Manager may prohibit the entry of the public in the vicinity of the fire and may close the whole or any section of the port area as the General Manager sees fit.

16.   Accidents in a Port

1.  

   (1)   Every person involved in an accident which causes the death or injury to any person or loss or damage to goods or property in a port shall deliver to the authorised officer a written report giving details of the accident.

1.  

   (2)   Any goods or property in a port that is damaged or destroyed by any person, ship or vehicle may be replaced or repaired as the case may be by that person, ship or vehicle without prejudice to any other penalty at law.

17.   Aquatic Sports

1.  

   (1)   A person shall not conduct or participate in a yacht or boat race or other aquatic sport or in any other activity that is liable to interfere with navigation or operations in a port except with the written permission of the General Manager.

1.  

   (2)   Liability shall not be incurred by the Authority in respect of injury or loss of life or of damage or loss to goods or property resulting from an activity referred to in paragraph (1) whether or not the General Manager has given permission for such activity.

1.  

   (3)   A person in control of any small craft in a port shall not operate in such a manner as to interfere with any other small craft or persons swimming or in the water.

18.   General restrictions on activities of a person in a Port

A person without the permission of the General Manager shall not—

1.  

   (a)     interfere with any board used or intended for use for the purposes of the publication in a port area of public notices issued by the Authority;

1.  

   (b)     stick or post up any bill, placard or other notice on any surface in a port area;

1.  

   (c)     write, draw or place any marking whatever on any surface in a port area;

1.  

   (d)     except in an emergency move or interfere with any life saving equipment, first aid equipment or any light signal, fire hydrant or other appliance provided for use in a port area for the protection or safety of persons or property;

1.  

   (e)     interfere with or obstruct or impede the use of any crane, forklift truck or other machinery or gear used in a port area by or on behalf of the Authority;

1.  

   (f)     deposit or cause to be deposited any refuse, rubbish or waste sweepings in or upon any place in a port area other than a place approved by the General Manager by public notice;

1.  

   (g)     climb upon the roof of any building or upon any crane, mechanical equipment, lighthouse, signal station or navigation mark;

1.  

   (h)     remove any timber, wood, vegetation or growth from any land of the Authority used by or for the purposes of the Authority;

1.  

   (i)     cause or participate in any disturbance on port property;

1.  

   (j)     without lawful excuse, the onus of proving which shall lie upon him or her, loiter in a port area;

1.  

   (k)     convey or cause to be conveyed intoxicating liquor or dangerous drugs into, within or from a port area;

1.  

   (l)     fish from a port area;

1.  

   (m)     remain in a port area while suffering from any infectious or contagious disease;

1.  

   (n)     use or ignite any inflammable or explosive substance in a port;

1.  

   (o)     distribute circulars, leaflets or advertising matter;

1.  

   (p)     bring into a port area any plant, machinery equipment or appliance;

1.  

   (q)     place any structures in a port whether submerged or not and whether under construction or not;

1.  

   (r)     remove from a port any sand, stone or gravel.

19.   General Restrictions on conduct of a Person in a port area

A person shall not—

1.  

   (a)     organise or openly call or gather together with other persons at any meeting in a port area;

1.  

   (b)     gather together with other persons in a port area in such a manner as to cause or be likely to cause a breach of the peace;

1.  

   (c)     engage in or carry on in a port area any gambling, betting or wagering with playing cards or other device or means whatsoever;

1.  

   (d)     use any threatening, abusive, indecent, obscene or offensive language in a port area;

1.  

   (e)     conduct himself or herself in a port area in a riotous, disorderly indecent or offensive manner or in a manner likely to cause a breach of the peace;

1.  

   (f)     molest or wilfully cause alarm to any other person in a port area;

1.  

   (g)     engage in smoking in any place in a port area where smoking is prohibited by the Authority;

1.  

   (h)     kindle a fire in a port area;

1.  

   (i)     be in possession of any loaded firearm or discharge any firearm or catapult or throw any missile in a port area;

1.  

   (j)     engage in swimming in a port;

1.  

   (k)     be or remain in a port area while intoxicated by alcohol or drugs. Have in possession or consume intoxicating liquor or dangerous drugs in a port area;

1.  

   (l)     urinate or defecate in any place in a port area other than a place provided for use as a urinal or toilet;

1.  

   (m)     break down or make his or her way through or under or over any fence surrounding a port area;

1.  

   (n)     spit within a port area;

1.  

   (o)     undertake personal solicitation or beg in a port area.

20.   Removal of a person from a port area

A person who commits a breach of regulation 18 or 19 may without prejudice to his or her liability to other penalty at law be removed from the port area by an authorised person.

21.   Penalties

Any person who contravenes or attempts to contravene any of the provisions of this part commits an offence and is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

PART 3
PILOTAGE AND TOWAGE

22.   General Compulsory Pilotage

1.  

   (1)   The attention of masters, owners or agents of ships is drawn to Part 7 of the Act.

1.  

   (2)   A ship other than an exempted ship shall not enter, leave, moor, move or berth in a port unless a pilot is on board.

1.  

   (3)   The only persons who may serve as pilots shall be those persons in possession of a valid pilotage licence.

23.   Exemption from pilotage

1.  

   (1)   In addition to ships listed in section 54(2) of the Act the General Manager may exempt from compulsory pilotage any ship in any particular case.

1.  

   (2)   The General Manager may issue a certificate of exemption to the master of a particular ship. This certificate shall be returned to the Authority when the master relinquishes command of that particular ship.

24.   Signals to be shown by an exempt ship

A ship which is exempt from pilotage shall hoist the following when entering or leaving any port—

1.  

   (a)     by day, the International 'H' flag at the dip and in the case of small craft hoisted as high as possible;

1.  

   (b)     by night, 3 lights visible all round the horizon hoisted in a vertical line 6 feet apart where they can best be seen, the upper light red and the lower ones white. In the case of small craft if the 6 foot spacing is impracticable the 3 lights should be as far apart as possible.

25.   Approach and Boarding of Pilot

1.  

   (1)   Ships shall in order to avoid delay or accident take way off when the pilot launch is approaching and shall await the arrival of the pilot launch about half mile to one mile off Vigie Point in respect of port Castries or one quarter of a mile off Mathurin Point in respect of Vieux-Fort port.

1.  

   (2)   All pilot ladders shall be in good repair and of modern pattern, be provided with reliable man ropes and be brightly illuminated at and after dusk and shall conform to the International Rules for Safety of Life at Sea.

26.   Only Pilots may Pilot ships or fly Pilot Flags

1.  

   (1)   A person other than a pilot shall not offer his or her services to pilot ships.

1.  

   (2)   A person who is not a pilot on board and on duty shall not hoist a pilot flag on a ship nor shall a ship display such a flag unless there is a pilot on board and on duty.

27.   Ship to Occupy Assigned Berth

Any ship not taking the berth assigned to it by the General Manager or which is observed to be or likely to be dangerous to any work, buoy or other ship, due to having made a slack mooring or other cause, may be moved or removed under the direction of the General Manager at the risk and expense of the ship.

28.   Removal of ship anchored in fairway

1.  

   (1)   A ship shall not be anchored in any fairway without the permission of the General Manager.

1.  

   (2)   A ship which anchors in any fairway in contravention of paragraph (1) shall in addition to any penalty is liable to be removed at the risk and expense of the ship.

29.   The Authority not liable for non-availability of a Pilot

The Authority shall not be held liable for any demurrage or consequential expenses to any ship arising from non-availability or delay in providing a pilot howsoever caused.

30.   Towage

A tug may be provided by the Authority to assist in berthing, unberthing or moving ships.

31.   Liability for Towage

The Authority shall accept no liability in respect of any injury or loss or damage to a ship howsoever caused arising out of—

1.  

   (a)     the use of a tug or its towing gear; or

1.  

   (b)     the failure or inability on the part of the Authority to provide a tug.

32.   Condition applying to towage

It shall be a condition on the attendance of a tug that the ship requiring such attendance shall indemnify the Authority against all or any injury or loss or damage incurred in connection therewith.

PART 4
SHIPS REPORT, MOVEMENT, BERTHING

33.   Application for a Berth

An “application for berth” as prescribed in the tariff shall be completed by a ship desiring a berth in a port.

34.   Ships signals on entering

Before entering a port every ship which has arrived in Saint Lucia from a foreign place shall hoist the following flags in a conspicuous position—

1.  

   (a)     the national flag of Saint Lucia from 0800 hours to 1800 hours;

1.  

   (b)     the ship's national flag which it shall fly from 0800 hours to 1800 hours;

1.  

   (c)     the ships signal letters;

1.  

   (d)     the Q flag International Code until pratique is given;

1.  

   (e)     if carrying passengers, the I flag International Code until the immigration clearance is given;

1.  

   (f)     if animals are on board the N flag International Code; and

1.  

   (g)     if carrying dangerous goods the B flag International Code.

35.   Signals

The following are prescribed signals in the port of Castries and shall be displayed from the flag staff of Vigie Lighthouse—

1.  

   (a)     signifying that a ship is about to enter the port—

   1.  

      (i)     signal by day, International Code flag E,

   1.  

      (ii)     signal by night, one red light;

1.  

   (b)     signifying that a ship is about to leave the port—

   1.  

      (i)     Signal by day, International Code flag D,

   1.  

      (ii)     signal by night, 3 red lights displayed vertically one above the other.

Whenever one of these signals is displayed all other traffic inwards or outwards at or near the entrance vicinity is forbidden.

36.   Speed in a Port

All ships shall proceed at a moderate speed within the limits of a port.

37.   Due notice of departure

A ship requiring a pilot and intending to leave a port shall during normal working hours, give notice thereof to the General Manager at least 4 hours before the ship intends to leave. Special arrangements shall be made for any move outside the normal working hours. All other ships when arriving or departing shall in the case of Castries inform Vigie Lighthouse and in the case of Vieux-Fort, Moule-a-Chique Lighthouse of the time of their departure.

38.   Anchors and Gear to be in readiness

1.  

   (1)   Every ship entering or leaving a port shall have both bow anchors and cables clear and ready for use as required.

1.  

   (2)   Ships intending to load or discharge cargo shall have their derricks hoisted when weather permits.

39.   Port Health requirements

All ships entering a port from a foreign place shall await the granting of pratique before having any communication with the shore or with any other ship.

40.   Customs and Immigration Requirements

1.  

   (1)   After pratique has been granted to a ship the Customs and Immigration Departments shall commence clearance formalities.

1.  

   (2)   A person shall not leave a ship prior to the completion of the clearance formalities required by paragraph (1) without the permission of the customs and immigration officers.

1.  

   (3)   A person other than a health officer, a pilot, a customs officer, an immigration officer, shall board any ship until the I flag is lowered or until permission to do so has been granted by customs and immigration officers.

41.   Ships Arrival Report

The master of every ship which has arrived in a port shall complete the vessel arrival report prescribed in the Schedule and shall append his or her signature thereto and hand the form to the pilot before the latter leaves the ship. However, in the case of a ship which is berthed without the assistance of a pilot the master shall ensure that a completed vessel arrival report correct in all particulars is sent to the General Manager by him or her or his or her agent within one hour of his or her anchoring or berthing.

42.   Master Responsible for Erroneous Declaration

The master shall be responsible for all damage or consequence resulting from an erroneous declaration made by himself or herself or his or her agent as to the draft or dimensions of his or her ship or any other information on the ships arrival report.

43.   Ships Tonnage

The tonnage of a ship shall be the maximum GRT as shown in the certificate of registration which if requested shall be produced by the master to an authorised officer.

44.   Ship to be kept fit to move

1.  

   (1)   Ships entering, leaving, or shifting berth within a port shall be provided with sufficient crew for the purpose and shall at all times be kept in a fit condition for removal in default of which the work may be done by the General Manager at the risk and expense of the ship.

1.  

   (2)   A ship shall not immobolise its engines without first obtaining written permission from the General Manager.

45.   Ships to be moored properly

1.  

   (1)   Ships berthing at a port shall be provided with good and sufficient warps to the satisfaction of the General Manager and a warp shall not be cast off for any reason unless so ordered or authorised.

1.  

   (2)   In case of ships without the necessary gear, warps may when so ordered by the General Manager be supplied at the risk and expense of the ship.

1.  

   (3)   Every ship within a compulsory pilotage port, shall have sufficient crew on board to attend to her moorings and to cause them to be slackened or hove in as may be necessary.

1.  

   (4)   A rope shall not be made fast except to dolphins, moorings posts, and bollards placed for the purpose, and a wire rope shall not be used unless the bollards and the edge of the coping of the wharf or jetty are protected from chafe to the satisfaction of the General Manager.

1.  

   (5)   A chain cable shall not be used for mooring alongside except with the special permission of the General Manager.

1.  

   (6)   All ships shall anchor, moor and berth to the satisfaction of the General Manager, and shall take such additional precaution in adverse weather as may be ordered by the General Manager.

1.  

   (7)   All ships alongside quays shall affix efficient rat guards on every line and wire connected to or reaching the shore.

1.  

   (8)   Where any direction of the General Manager as to anchoring, mooring, unmooring, placing or removal of a ship is not obeyed the General Manager shall cause the ship to be anchored, moored, unmoored, placed or removed as the General Manager thinks fit and for that purpose he or she may cast off, unloosen or cut the moorings of the ship at its risk and expense.

46.   Authority to assign and control

1.  

   (1)   The General Manager shall have the right to determine the place in a port at which a ship shall berth or anchor and to assign a berth whether at a quay or elsewhere to any ship and where a berth is so assigned to a ship the ship shall occupy that berth and may at the discretion of the General Manager be removed to any other berth. All masters or persons in charge of ships shall obey the directions of the General Manager. Where such directions are not obeyed, the General Manager may move the ship by any means at his or her disposal at the risk and expense of the ship.

1.  

   (2)   The General Manager shall have the right to control the berthing and mooring arrangements of every ship accommodated at any private wharf or jetty in a port.

1.  

   (3)   A ship assigned a berth by the General Manager shall not drift or change the assigned berth without permission.

47.   Ships moored to other ships

1.  

   (1)   A ship shall not make fast to or tie alongside another ship without the prior permission of the General Manager.

1.  

   (2)   The master or owner of a ship shall, when ordered so to do by the General Manager, permit the other ship to make fast to or tie alongside his or her ship.

1.  

   (3)   Whenever any ship is made fast to or is tied alongside another ship, a free and unencumbered passage over the inner ships shall be allowed to the outer ships for loading and unloading and for access to and from the shore.

1.  

   (4)   Whenever any ship is made fast to or is tied alongside another ship, the lines of the ship that is so made fast or tied shall not, except in an emergency, be cut or cast off without the prior permission of the General Manager and prior notice of the intention to do so having been given to the master or owner of the vessel that is so made fast or tied.

48.   Unseaworthy ships may be detained

The General Manager may detain a ship which in his or her opinion is in an unsafe condition to proceed to sea until the ship is made seaworthy to his or her satisfaction.

49.   Lights on Ships and Collision Regulations

All ships whether under way or at anchor shall, save as otherwise provided by these Regulations, between the hours of sunset and sunrise, exhibit the lights required by and shall obey the rules of the road for preventing collisions at sea.

50.   Watch to be kept

1.  

   (1)   All ships other than small craft in a port shall maintain a watch of at least one man to be kept constantly upon the open deck by night and day.

1.  

   (2)   A small craft shall not be left unattended when alongside any berth of the Authority.

51.   Liability for Damage

1.  

   (1)   A ship is liable to the Authority for any damage done to any port works, plant, machinery, goods or other property used by or for the purposes of the Authority.

1.  

   (2)   The General Manager may detain any ship damaging property referred to in paragraph (1) until sufficient security is given to his or her satisfaction for the damage so occasioned.

52.   Use of Buoys and private moorings

1.  

   (1)   A ship shall not use any buoy which is the property of the Authority without the sanction of the General Manager in writing.

1.  

   (2)   A buoy shall not be laid down for any purpose whatsoever and no leading marks shall be erected without the prior permission of the General Manager.

1.  

   (3)   A charge as determined by the Authority shall be levied in respect of any mooring or buoys laid within a port on the owner of such a buoy or mooring.

1.  

   (4)   Such buoys and moorings may be removed by the General Manager at the expense of the owner if at any time the General Manager so desires.

1.  

   (5)   The Authority may use any private moorings or buoys.

PART 5
WORKING OF SHIPS

53.   General Control of Landing and Shipping Cargo

The landing of cargo or the shipment of cargo or the landing or embarking of passengers in a port shall be subject to the control and direction of the General Manager.

54.   Manifests

1.  

   (1)   Any ship which has arrived in Saint Lucia with cargo from a foreign place or which has loaded cargo in Saint Lucia shall furnish the General Manager copies of the inward and outward manifests and other documents as may reasonably be required by the General Manager in such a manner and time as may be stipulated by the General Manager.

1.  

   (2)   A ship shall notify the General Manager as soon as possible of subsequent amendment to the documents required under paragraph (1).

55.   Working of ships

1.  

   (1)   As far as may be practicable, cargo shall be discharged from and loaded into ships in the order of their arrival and readiness to work in a port but subject always to the direction of the General Manager.

1.  

   (2)   A ship which has arrived from a foreign place shall not break bulk until its cargo has been duly reported to customs or special authority has been obtained from customs.

1.  

   (3)   The General Manager may refuse to permit cargo to be landed from any ship until suitable accommodation is available for such cargo.

1.  

   (4)   The use of lighters to or from a ship in a port area for the purpose of loading or discharging any cargo shall be subject to the general or special directions of the General Manager and lighters shall be used as directed by the General Manager.

1.  

   (5)   The General Manager may refuse to allow timber or iron and steel work of all kinds to be landed unless properly marked. If permission to land such cargo is given the Authority is not liable for any loss, damage, delay or misdelivery howsoever caused.

1.  

   (6)   The landing of animals from any ship shall be prohibited unless a veterinary or other certificate or document required by any law in respect thereof is produced to the proper authority.

1.  

   (7)   The landing of plants or plant matter shall be prohibited unless any certificate or document required by any law in respect thereof is produced to the proper authority.

1.  

   (8)   The loading and discharge of petroleum products or other dangerous and hazardous cargo shall be prohibited outside normal working hours save with the written permission of the General Manager.

1.  

   (9)   In the case of ships from other places in Saint Lucia the loading or discharge of cargo or the embarking or landing of passengers shall be prohibited in a port area save with the written permission of the General Manager.

1.  

   (10)   The General Manager may direct that the discharge of cargo from any ship alongside a port shall cease or shall proceed at a slower rate if in his or her opinion such discharge obstructs or is likely to obstruct any other operation.

1.  

   (11)   If a ship fails to take in or discharge cargo with such despatch as appears reasonable to the General Manager the said ship shall after due notice lose its turn to take in or discharge cargo. If it is occupying a quay berth it may be removed at the risk and expense of the ship or the General Manager may take whatever action he or she considers necessary for expeditiously taking in or discharging any cargo from the said ship.

1.  

   (12)   If any plant, labour or staff engaged as requested by a ship for landing shipping or transhipping any cargo is not fully employed on such a ship the expenses incurred thereby by the Authority shall be paid by the ship.

1.  

   (13)   A responsible person authorised by the master shall remain on board a ship whilst loading or discharging cargo, for the purpose of superintending such loading or discharging.

1.  

   (14)   Any goods or ships gear dropped overboard shall be reported at once by the ship concerned to the General Manager and shall be immediately recovered by the ship if it is reasonably possible. Failing that it may be recovered by the General Manager at the risk and expense of the ship.

1.  

   (15)   The General Manager may direct that certain goods being loaded or landed should be handled directly between the ship and vehicles. Such goods may not be deposited on the quay.

56.   Overtime

1.  

   (1)   Work afloat and ashore in connection with the landing, shipping and transhipment of cargo outside normal working hours shall be charged at overtime rates at ships expense.

1.  

   (2)   Overtime working may be allowed by the General Manager either on a written request from the agent of a ship or otherwise.

1.  

   (3)   Every port shall normally be closed on Good Friday, Easter Sunday, May Day and Christmas Day. However, in exceptional circumstances at the sole discretion of the General Manager services may be performed subject to the payment of such time rates if labour and staff are available as may be determined by the General Manager.

57.   Payment of Dues, Rates and Charges

All port dues and other rates and charges for every ship shall be paid to the Authority as prescribed in the Tariff.

58.   Receipt for Cargo

1.  

   (1)   Unless otherwise specially agreed between the General Manager and the ship the Authority shall give a receipt to the ship for all cargo received subject to each item being properly marked and being discharged in an orderly manner.

Where in the opinion of the General Manager an accurate tally cannot be made at discharge a receipt shall be given only when sorting and stacking has been carried out to the satisfaction of the General Manager.

1.  

   (2)   A receipt shall be given by the ship to the General Manager for each separate consignment received by the ship.

59.   When Cargo is considered Landed

Cargo shall only be considered delivered to or in the possession of the Authority when they have been removed from the cargo gear used to land the cargo from the ship.

60.   When Cargo is considered shipped

Cargo for shipment will be considered delivered to a ship in good condition when it is placed by the General Manager in the cargo gear provided for loading the ship, unless such cargo is declined by the ship as damaged or in a bad condition.

PART 6
SHIPS GENERAL

61.   Fire on Ships

1.  

   (1)   In the event of a fire occurring on board a ship in a port the master shall at once give the alarm and take such steps towards the protection of property subject to such directions as may be given by the General Manager in the interest of protecting the port.

1.  

   (2)   The alarm signal for ships (other than small craft) on fire shall be as follows—

Ships shall hoist 'N.Q.' flags of the International Code and at the same time shall sound one long and 3 short blasts in quick succession on the siren. The signal 'N.Q.' shall be kept hoisted until the fire on board has been extinguished.

1.  

   (3)   In addition to the signals the master shall report the fire immediately to the Authority.

62.   Prevention of Nuisance Ports in

All ships in a port shall ensure that—

1.  

   (a)     all outlets or scuppers in the sides of the ship are fitted with adequate shields to prevent any obnoxious fluids or other matter from falling on the quay;

1.  

   (b)     exhaust pipes shall be so equipped as to prevent exhaust from inconveniencing other ships or traffic in the port or on the quay;

1.  

   (c)     thick smoke is not made; and

1.  

   (d)     excessive noise of chipping or sirens is not made.

63.   Ships to be open for inspection

An authorised person may in the execution of his or her duty at any time a ship is in a port, board such a ship and inspect it or any part of it.

64.   Boarding or Leaving Ships

1.  

   (1)   A person shall not board or leave a ship whilst such a ship is in motion except with the permission of the General Manager.

1.  

   (2)   All persons shall board or leave a ship by means of the gangway or an efficient pilot ladder.

65.   Refuse not to be deposited in a Port

1.  

   (1)   Ropes, wires, dunnage mats, wood, dirt, ballast, ashes, stone, offal or rubbish of any sort whatsoever shall not be thrown or allowed to fall or drift into the water at a port. Any ship from which such articles or refuse have been allowed to fall shall make good all loss, damage and expenses which the Authority or any other person may sustain or incur in consequence thereof.

1.  

   (2)   A dead animal shall not be thrown into a port from any ship. Dead animals on board a ship unless permitted by the appropriate Authority to be buried ashore, shall be taken not less than 3 nautical miles outside port limits at the expense of the ship.

1.  

   (3)   Oil or any similar substances of any description shall not be discharged into or allowed to escape into the water at a port.

1.  

   (4)   A ship shall not pump out or clean their tanks or bilges within 200 nautical miles of Saint Lucia.

1.  

   (5)   All articles which have fallen or drifted into the water in a port shall at once be recovered by the person responsible therefor failing which the Authority may recover them at the risk and expense of the person concerned.

1.  

   (6)   Every ship whilst loading or discharging any cargo shall provide adequate safeguard to prevent it from falling into a port.

66.   Goods not allowed to float in a Port

Goods shall not be permitted to float in a port unless previous permission in writing has been obtained from the General Manager and handling charges at the same rate as if it had been landed have been paid. The ship or consignee shall be responsible for any damage caused by such goods and for the payment of charges and other losses which may result therefrom.

67.   Removal of ships with offensive matter on board

The General Manager may order the removal from a port of any ship which has cargo or other matter which in the opinion of the General Manager is injurious to health or offensive or dangerous in any respect.

68.   Protection of Hatchways

Except when discharging or loading cargo or otherwise working in a hold, ships in port shall have their hatches closed or well protected.

69.   Fumigation

A ship shall not be fumigated in a port except with the written consent of the General Manager and subject to such conditions as he or she may impose.

70.   Repairs to ships

1.  

   (1)   Structural repairs of ships shall not be made in a port except with the written consent of the General Manager and subject to the following conditions—

   1.  

      (a)     before any repairs are commenced the ship shall take such precautions as the General Manager may direct to prevent dirt or other material falling into the water; and

   1.  

      (b)     the ship shall observe such other conditions as may be imposed by the General Manager.

1.  

   (2)   If the ship contravenes or fails to comply with the provisions of paragraph (1) the work may be stopped by the General Manager.

71.   Restriction on use of flame apparatus in Port

1.  

   (1)   Flame or welding equipment shall be used only by a qualified operator.

1.  

   (2)   Construction, repair or maintenance work entailing use of any flame apparatus, or any apparatus which produces extreme heat, shall not be carried out on any ship in a port without written permission of the General Manager.

1.  

   (3)   Where it is proposed to do any work in respect of which permission is required under paragraph (1), the master or other person in charge or agent of the ship shall make application in writing for that purpose to the General Manager. Where such application relates to a petroleum ship, the application shall be accompanied by a certificate from a person, approved by the Authority that such ship is at the time of the application free from any inflammable liquid or gas.

72.   Placing on Wharf or Quay any ships boat, ships gear etc.

Any boat, gangway, spar, anchor, cable, dunnage, cattle fittings, horse box or other ships gear shall only be allowed to remain upon any wharf, jetty or quay of the Authority with the permission of the General Manager and subject to the payment of such charges as may be determined by him or her.

73.   Pitch and other combustibles may not be boiled on board ship

Pitch, tar, resin, turpentine, oil and combustibles of similar nature required whilst caulking, repairing or carrying out any work on any ship afloat in a port, shall not be boiled on board the ship.

74.   Explosives may not be used or guns fired

1.  

   (1)   A gun or explosive device shall not be fired or exploded in a port without the permission of the Government of Saint Lucia.

1.  

   (2)   A rocket shall not be fired or signal light burned on board a ship in a port without the permission of the General Manager unless the ship is in actual distress or in need of assistance.

1.  

   (3)   Blasting shall not be allowed in a port except with the permission of the General Manager.

75.   Propellers may not be turned without warning and permission

Ships shall not otherwise for an approved movement, turn their propellers without the permission of the General Manager and without giving sufficient warning of their intention to all concerned in the vicinity.

76.   Displaced moorings or mark to be reported

1.  

   (1)   If any mooring or marker buoy is dragged from its position or damaged by a ship, the cost of replacing or repairing it shall be borne by the ship.

1.  

   (2)   Any ship getting foul of any mooring laid by the Authority shall not, except in case of emergency, lift the buoy for the purpose of getting clear, but shall immediately report the occurrence to the General Manager and await instructions.

77.   Submarine cables

Any ship which damages any underwater construction within a port is liable to the Authority for any expense incurred therefrom.

78.   Crew of Ships to take lines

1.  

   (1)   All ships anchored, moored or berthed in a port shall receive on board, make fast or cast off lines or warps from any other ship when required so to do by the General Manager.

1.  

   (2)   Lines or warps shall not be stretched across the waters of a port without the permission of the General Manager.

1.  

   (3)   The General Manager may, in case of urgent necessity cause to be cut any warps, ropes, cable or hawser endangering the safety of any ship in a port.

79.   Animals

1.  

   (1)   Animals when ashore or afloat in a port area and when landed, discharged or shipped therein shall be treated in a humane manner, and in accordance with veterinary practice.

1.  

   (2)   The General Manager may in his or her discretion refuse to land or ship animals if such landing or shipping would in his or her opinion entail unnecessary suffering to any animal.

PART 7
DANGEROUS GOODS

80.   General

Except otherwise herein provided the classification method of handling packing and magazine requirements and all other matters pertaining to dangerous goods shall be in accordance with the recommendations made by the Inter-Governmental Maritime Organisation.

81.   Authority to supervise

Dangerous goods shall not be landed, shipped, or brought into any port except under the direction and superintendence of the General Manager whose orders shall be implicitly obeyed.

82.   Liability for expenses

Any expense incurred by or on behalf of the Authority in superintendence, the provision of watchmen or other facility in connection with the handling of dangerous goods shall, except where otherwise provided in these regulations, be borne by the consignee, consignor, or agent, as the case may be.

83.   Master or Agent to give notice of dangerous goods on board

The master or agent of every ship having on board any dangerous goods shall give notice thereof to the General Manager 24 hours before arrival.

If without permission any such goods are landed the General Manager may order the same to be placed on board the ship whence they came or otherwise deal or destroy them as he or she considers necessary at the risk and expense of the ship from whence they were discharged.

84.   Exemptions for Warships and Transport and other ships

1.  

   (1)   Ships of war and military transports may be exempted from this Part subject to such terms and conditions as the Authority may consider fit.

1.  

   (2)   Every ship having the following dangerous goods on board shall be exempt from this Part and such dangerous goods may be landed and dealt with at such places and under such conditions as the General Manager may direct–

   1.  

      (a)     safety-cartridges, safety-fuses, percussion caps fireworks, and any other dangerous goods, specially exempted by the Minister;

   1.  

      (b)     any other dangerous goods of the nature of any explosives which does not exceed 50 pounds in weight and is properly stored in an approved magazine.

85.   Berthing of ships carrying dangerous goods

Every ship carrying, or about to carry, dangerous goods shall be anchored or berthed only in the position assigned to it by the General Manager and shall not be moved therefrom without the written order or permission of the General Manager.

86.   Red Flag to be exhibited

The master of every ship having dangerous goods on board shall, whilst within the limits of a port, keep conspicuously exhibited at the fore by day a red flag 'B' (International Code) in size not less than 4 feet by 3 feet, and at night at the mast head in addition to the lights ordinarily required and above them a red light showing a clear uniform unbroken light all round the horizon, visible on a clear night at a distance of one nautical mile from such ship.

87.   Fires and fire fighting

1.  

   (1)   A person, when in or upon any vessel in a port, where dangerous goods or highly flammable goods are located, shall not smoke or have in his or her possession any match or fire-producing device or have in his or her possession any article or substance that may cause explosion or fire. For the purpose of enforcing this section, the General Manager may search any person who in his or her opinion is in possession of any such article or device.

1.  

   (2)   Artificial lights or other activities which in the opinion of the General Manager may cause either explosion or fire shall not be permitted in a port where dangerous goods are being loaded, unloaded, or handled.

However, this regulation—

1.  

   (a)     shall not prevent the use of an electric lighting installation or a safety lamp of a construction approved by the Authority or of a ship's riding or signal lights so disposed as to prevent any risk of fire or explosion; and

1.  

   (b)     shall not apply to engine room fires when the same have been previously carefully banked.

1.  

   (3)   Sufficient fire-extinguishing equipment of a type for coping with incipient fires while dangerous goods are on port property, or being loaded, unloaded or handled in a port shall be provided by the owner or agent of such dangerous goods and shall be in readiness for immediate use.

1.  

   (4)   Every ship having on board explosives or dangerous goods shall display “No smoking” signs in prominent places on board the ship.

88.   Only Dangerous goods to be handled at one time

1.  

   (1)   During the time any dangerous goods are being handled other goods shall not be dealt with at or near the place thereof.

1.  

   (2)   Persons other than those actually engaged in or superintending the work of handling shall not be allowed access to the ship without permission of the General Manager.

89.   Permits to land dangerous goods

Dangerous goods shall not be landed from any port except on production of a certificate on oath of a duly qualified chemist to the effect that the dangerous goods have been shipped in good order and condition, properly packed and labelled, and safe to be shipped through the tropics and handled in a warm climate.

90.   Licence for special small craft

1.  

   (1)   A small craft shall not be used for the storage of dangerous goods except under a special licence granted on a certificate from the General Manager and subject to such condition as it may impose.

1.  

   (2)   Such small craft shall—

   1.  

      (a)     at all times remain afloat;

   1.  

      (b)     be moored only at places approved by the General Manager;

   1.  

      (c)     exhibit a red flag by day and a red light in an elevated position at night.

1.  

   (3)   A dangerous cargo shall not be carried on the deck of a small craft licensed to carry dangerous cargo and hatches shall be properly secured.

1.  

   (4)   A small craft propelled by gasoline shall not carry dangerous goods.

91.   Vessels to have Tow Line

Every vessel that has explosives or dangerous goods on board shall, when moored or anchored in the port, have at all times at both bow and stern, a suitable tow line of steel wire securely fastened on deck one end and hanging over the offshore side of the vessel so that the other end, which shall be equipped with an eye, is suspended at a point not more than 4 feet from the water's surface.

92.   Inspection and examination

Every person in control of any dangerous goods or of any ship or vehicle containing such goods shall when so required by the General Manager show all such goods under his or her control and shall afford every reasonable facility to enable inspection and examination of such goods so as to ascertain whether these Regulations are being duly observed.

93.   Petroleum

For the avoidance of doubt it is hereby declared that in the case of petroleum and all other inflammable liquids including turpentine, these Regulations shall apply in addition to and not in derogation of any relevant legislation of Saint Lucia.

94.   Carbide

In the case of carbide of calcium the following special regulations shall apply in addition to the provisions of these Regulations—

1.  

   (a)     the owner or master of every ship, the hold of which contains carbide of calcium, shall keep such hold efficiently ventilated;

1.  

   (b)     all carbide of calcium landed from any ship shall be removed without delay to some duly licensed place of storage or beyond the limits of a port area;

1.  

   (c)     carbide of calcium shall not be brought into or landed within a port area unless packed in hermatically closed metal vessels of such strength and construction or so protected as not to be liable to breakage;

1.  

   (d)     a package or metal vessel containing carbide of calcium shall not be opened within the limits of a port area except with the written consent of the General Manager;

1.  

   (e)     every reasonable precaution shall be taken by any ship carrying carbide or calcium and by every person handling such carbide or calcium to prevent the contact of water or moisture therewith and, where contact may have occurred to prevent the gas evolved thereby from being ignited.

95.   Penalty

In the event of any breach of any regulation in this part, without prejudice to any action taken under regulation 158, all or any part of the dangerous hazardous or poisonous goods in a port may be forfeited and disposed of at the discretion of the General Manager at the risk and expense of the owner of the ship, vehicle or goods involved.

PART 8
SMALL CRAFT

96.   Small Craft to give way

Small craft within the limits of a port shall at all times make way for ocean-going ships under way or tugs engaged in towing.

97.   Row Boats to give way to Sailing Boats

When 2 boats are being propelled, one by sails and the other by oars and are proceeding on a course, which, if continued, would involve the risk of collision the boat propelled by oars shall keep out of the way of the other, and the boat under sail shall use every precaution to avoid accident and if so close that collision cannot be avoided by the action of the vessel giving way alone, she also shall take such action as will best aid to avoid collision.

98.   Small Craft to carry lights

1.  

   (1)   Subject to the provision of paragraph 2, small craft when under way between sunset and sunrise shall have ready at hand a lantern showing a white light, which shall be temporarily exhibited in sufficient time to prevent collision.

1.  

   (2)   Powered launches, other than fishing boats shall carry the lights prescribed for their class.

99.   Approaches to wharves, landing places and ship's ladders to be kept clear

1.  

   (1)   Free passages shall be kept to all jetties, landing places, wharves and moorings, and small craft shall, when directed by an authorised person, move so as to clear such passages.

1.  

   (2)   A small craft shall not lie alongside any of the passenger landing places or ship's accommodation ladders longer than necessary to embark or land passengers and their luggage, and when waiting, shall lie off at a distance of at least 20 yards from such landing place or ship's accommodation ladder in order not to obstruct the approach thereto.

1.  

   (3)   A person in charge of a small craft, a member of the crew of such craft and baggage clearing agent shall not loiter on any pontoon or landing step or accost passengers thereon.

100.   Mooring of small craft

A small craft shall not except with the permission of an authorised person be secured to any wharf, jetty, quay, mooring, post, pile, bollard or buoy belonging to the Authority. Under no circumstances shall such a craft be left unattended.

101.   Small craft sunk in Port to be reported

The sinking of any small craft in a port shall be reported by the master or owner to the Authority as soon as possible.

102.   Boats not to go alongside ships under way

A small craft, other than a small craft carrying any person authorised by regulation 40(3) to board a ship before the 'I' flag is lowered shall not go alongside a ship which has arrived in the State from a foreign place until such ship is at anchor or made fast alongside and has been granted pratique.

103.   Passengers and goods to be landed at place appointed

Every small craft leaving the side of a ship shall proceed to a place approved by the customs officer and shall not land passengers or goods elsewhere.

104.   Small Craft plying for hire to be surveyed before granting certificate of fitness

Any person who desires to ply for hire with or let for hire any small craft, shall apply to the General Manager for a licence. The General Manager is hereby empowered to appoint inspectors who shall inspect such small craft and issue a certificate to the effect that the craft is in a suitable condition and fit for the purpose for which it is intended.

105.   Method of obtaining a licence for small craft plying for hire

Upon the production of a certificate granted under regulation 104 and upon payment of the licence fee prescribed in the Tariff Book, a licence may be issued by the General Manager to the holder of the said certificate authorising him or her, subject to such terms and conditions as may be specified in the licence, to ply for hire or let for hire the small craft to which such certificate relates.

106.   Duration of licence of small craft plying for hire

1.  

   (1)   A licence under regulation 105 shall, unless previously cancelled, expire on the day of expiration of the certificate to which such licence relates.

1.  

   (2)   A person shall not ply for hire or let for hire any small craft without a licence.

107.   Transfer of licenced craft

The transfer by sale or otherwise of any licensed small craft shall be approved by the General Manager and shall not affect the licence already granted.

108.   Persons carried not to exceed authorised number

A licensed small craft shall not carry more than the number of persons such craft is licensed to carry. A notice showing the number of persons authorised to be carried shall be painted on or affixed to some conspicuous part of such craft. A person shall not board a craft containing its full licensed complement.

109.   Goods carried not to exceed authorised load

1.  

   (1)   A small craft, licensed to carry passengers only, shall not carry any goods other than passengers' baggage.

1.  

   (2)   A small craft licensed for the carriage of goods shall not carry a greater load of goods than such craft is licensed to carry.

1.  

   (3)   A small craft licensed to carry goods only shall not carry passengers.

110.   Unclaimed property to be taken to Customs

The person in charge of a small craft licensed to carry passengers shall be responsible for all unclaimed property left on his or her boat, and he or she shall take or cause to be taken all such unclaimed property to the customs officer.

111.   Expired licence to be returned

On the expiration or other determination of any licence, the owner of the licensed small craft in question shall return the licence to the General Manager.

112.   Life-saving and fire-extinguishing apparatus

Every licensed small craft shall be equipped with such radio, life-saving and fire-extinguishing appliances as may be considered necessary by the General Manager and shall be kept so as to be at all times fit and ready for use.

113.   When holder of licence made to cease to use craft

1.  

   (1)   Any inspector appointed under regulation 104 may and is hereby empowered and authorised at any time to enter upon any small craft licensed under regulation 105 and inspect and examine the hull equipment or machinery of any craft. If in his or her opinion the said hull, equipment or machinery is not in a condition suitable and fit for the purpose for which it is being used, he or she shall notify the same to the General Manager. The General Manager shall instruct in writing the holder of the licence to discontinue the usage of the said craft until the defects are remedied.

1.  

   (2)   In the event of the removal of defects after further inspection, the inspector shall report the fact to the General Manager who shall make an endorsement to that effect upon the licence and the date thereof, and from such date the holder of the licence shall be entitled to continue to ply for hire or let for hire the said craft for the unexpired period of the currency of the licence.

114.   Penalty for non observance of notice

Any holder of a licence who uses or causes to be used any small craft in contravention of regulation 113, and any person who refuses to allow or obstructs an inspector to enter upon, inspect or examine any such craft or its machinery or equipment commits an offence and the licence granted in respect of such a craft may be cancelled.

115.   Person in charge of small craft licenced to ply for hire to be capable

A holder of a licence issued under regulation 105 shall not permit his or her small craft to be used for hire unless sufficiently manned by competent persons.

116.   Person in charge of small craft plying for hire may not refuse engagement

A person in charge of a licensed small craft that is plying for hire of passengers shall not refuse without good reason to accept an engagement, or shall attempt to extort fares in excess of the authorised tariff charge.

117.   Quantity of luggage that may be carried

The General Manager may regulate the quantity of luggage which may be carried consistent with the safety and convenience of the passengers conveyed in any small craft. The owner or person in charge shall abide by the orders of the General Manager in this respect.

118.   Liability

This Part shall not be considered to impose any liability or responsibility upon the Authority for any loss or injury caused by the acts or negligence of any owner or person in charge of or member of the crew of any licensed small craft.

119.   Small craft prohibited from conveying liquor to ship's crew

1.  

   (1)   An owner or person in charge of any small craft, or a boatman or any person employed by such owner shall not supply, convey or deliver any intoxicating liquor to any of the crew of or to any other person on board any ship at anchor or moored in a port, except—

   1.  

      (a)     such liquor as may be purchased with the consent of the master of the ship from a person duly licensed to sell the same; or

   1.  

      (b)     such liquor as may be allowed under the Customs law.

1.  

   (2)   Where any such owner is convicted of a contravention of this regulation, the licence, if any, of the small craft used in connection with the commission of such offence shall be cancelled without prejudice to any other penalty provided by the law.

120.   Penalty for breach of small craft regulations

If the owner or person in charge of any small craft licensed under regulation 105 commits a breach of this part he or she shall in addition to the penalty under any other law is liable to a fine not exceeding $500 or to imprisonment for a period not exceeding 2 months or to both such fine and imprisonment.

121.   Control of small craft

1.  

   (1)   A person shall not operate a vessel in the port—

   1.  

      (a)     recklessly or negligently, or at a speed or in a manner dangerous to the public;

   1.  

      (b)     without due care and attention or without reasonable consideration for other persons using the port;

   1.  

      (c)     when it is overloaded with passengers or cargo;

   1.  

      (d)     when it is not seaworthy or safe.

1.  

   (2)   Without restricting the generality of the term where it appears in paragraph (1), 'Recklessly or Negligently' includes the operation of a small craft that unreasonably interferes with the free and proper use of the waters by other ships, or persons or that endangers other or any person upon any other ship or in the water or upon the small craft itself.

1.  

   (3)   The International Rules of the Road shall be strictly observed by all small craft in a port and in the event of conflict between these Regulations and the International Rules of the Road the latter shall apply.

122.   Control of Speed Boats

Without prejudice to the generality of regulation 121 every speed boat when within 200 yards of the waters edge shall travel at a slow speed and shall keep well clear of all bathers.

123.   Duty of person in charge of a speed boat

If the person in charge of a speed boat shall fail to comply with the provisions of regulation 121 or shall fail to ensure that the speed boat of which he or she has charge and any water skier being towed by such boat do not cause any inconvenience to bathers he or she commits an offence and the licence, if any, of the small craft used in connection with the commission of such offence may be cancelled.

124.   Suspension of licence for misconduct

The General Manager may suspend or revoke the licence of any small craft whose owner or any member of whose crew is guilty of misconduct or a breach or neglect of any regulation in this Part or of any order of the General Manager.

PART 9
GENERAL SAFETY REGULATIONS

125.   Application

The Regulations contained in this Part shall apply to the processes of loading, moving and handling goods in or at a port area and to the processes of loading, unloading and restowing any ship in a port.

126.   Duties of Masters and others

1.  

   (1)   It is the duty of the owner, master or other person in charge of a ship to comply with such regulations as are applicable to that ship including those relating to machinery and plant used in the processes.

1.  

   (2)   In order cases it shall be the duty of the owner of machinery and plant used in the processes to comply with the regulations.

1.  

   (3)   If the persons concerned with paragraphs (1) and (2) fail to comply with these Regulations the employer of such persons shall stop the said processes until these Regulations are complied with.

127.   Safe means of access

A ship in a port for the purpose of carrying out any process shall have a safe means of access for the use of employees passing from the ship to the shore or from the shore to the ship.

128.   Disembarking and embarking passengers

1.  

   (1)   When passengers disembark from or embark on any ship in a port a sound gangway shall be provided and one of the crew of the ship shall be in attendance at the ship's end of the gangway to attend to the security of the gangway and the safety of the passengers over it.

1.  

   (2)   When any ship is in port a lifebuoy with a line attached thereto shall be placed in proper order for immediate use near the head of each gangway.

1.  

   (3)   Suitable safety nets shall be applied beneath every gangway.

1.  

   (4)   Every gangway shall be illuminated at night.

1.  

   (5)   A process shall not be undertaken over a gangway.

129.   Safe means of access to other ships to be provided

If a ship is alongside any other ship, and persons employed have to pass from one to the other, safe means of access shall be provided for their use. If one of such ships has a relatively low freeboard the means of access shall be provided by the ship which has the high freeboard.

130.   Safe means of access from deck to hold

1.  

   (1)   If the depth from the level of the deck to the bottom of the hold exceeds 5 feet, there shall be maintained safe means of access from the deck to the hold.

1.  

   (2)   Every person employed shall use the means of access in paragraph (1).

131.   Efficient lighting to be provided

All parts of a ship where processes are carried on and for which access is required shall be sufficiently lighted with due regard to the safety of the ship to goods onboard, and persons employed therein also the navigation of other ships.

132.   Beams and Hatches

1.  

   (1)   Hatches and coverings in a ship shall be so constructed to allow persons to open and close them without risk.

1.  

   (2)   All fore and aft beams and thwartship beams used for hatch coverings shall have suitable gear for lifting them on and off without it being necessary for any person to go upon them to adjust such gear.

1.  

   (3)   All hatch coverings and beams shall be plainly marked to indicate the deck and hatch to which they belong and their position therein.

1.  

   (4)   All fore and aft beams and thwartship beams used for hatch coverings and all hatch coverings shall be maintained in good condition.

1.  

   (5)   Adequate handgrips shall be provided on all hatch coverings, unless the construction of the hatch or the hatch coverings renders the provision of handgrips unnecessary.

1.  

   (6)   When the working space around a hatch is less than 2 feet, provision shall be made to remove and replace in safety all fore and aft beams thwartship beams used for hatch coverings and all hatch coverings.

1.  

   (7)   The beams of any hatch in use for the processes shall, if not removed, be adequately secured to prevent displacement.

133.   Lifting Machinery

1.  

   (1)   Lifting machinery of all kinds, chains, blocks, wire ropes, ropes and any other attachments or gear used or provided for use in processes shall be maintained in good order, in the event of any doubt concerning the serviceability of any item the authorised person may prevent its use until tested by a competent person at the risk and expense of the owner.

1.  

   (2)   All lifting machinery including ship's derricks shall be clearly marked with the safe working load of such appliances.

1.  

   (3)   Means shall be provided to enable any person using a pulley block, chain or wire rope sling to ascertain the safe working load for such items.

134.   Lifts not to exceed safe working load

Lifting machinery or items of cargo handling gear shall not be used to lift more than its safe working load.

135.   Fire prevention

1.  

   (1)   Every person in a port and every ship in a port shall comply with all such standards of fire prevention and protection against fire as, in the opinion of the General Manager are necessary or advisable for the protection of persons and property.

1.  

   (2)   Before welding or burning equipment which is used in a port, all flammables shall be moved to such a distance from the equipment as will render them safe from fire and, where such movement is impossible, the flammables shall be adequately shielded.

1.  

   (3)   Suitable fire-extinguishing equipment, ready for instant use in case of fire, shall be placed near each unit of welding or burning equipment.

1.  

   (4)   Every compressor or generator used in connection with welding or burning equipment shall be placed securely and in such a manner as not to interfere with any other operations carried on in the port or on port property.

1.  

   (5)   An operator of welding or burning equipment shall not do any act that may cause explosion or fire.

1.  

   (6)   A person shall not smoke or have in his or her possession any lighted match or other lighted fire-producing device, in, or at any shed, warehouse.

1.  

   (7)   Artificial light by which fire may be ignited shall not be used on port property without permission of the General Manager.

1.  

   (8)   An article substance shall not be burned, boiled or heated by fire on port property except with the permission of the General Manager.

1.  

   (9)   Every ship in a port shall have suitable fire-extinguishing equipment available for immediate use in any part thereof.

1.  

   (10)   The General Manager may in addition to the equipment required by paragraph (9), require additional equipment to be provided in any ship to meet any particular condition involving extra fire risk.

1.  

   (11)   Fire shall not be allowed on any ship in a port except in suitable containers and under watch.

1.  

   (12)   A person shall not use a fire hydrant located on port property for any purpose other than fire or fire drill without permission of the General Manager.

PART 10
HANDLING AND STORAGE OF CARGO

136.   Onus of cargo handling

All cargo handling in a port shall be carried out by the Authority.

137.   Transit Sheds closed to public

The transit sheds and warehouses in a port shall be closed to the public and no vehicle or person shall enter any of them without the permission of the General Manager.

138.   Documents required before delivery of cargo

Importers or their agents shall present at such place as may be appointed by the General Manager during normal working hours of a port the following documents before delivery of cargo—

1.  

   (a)     delivery order complete in every detail and specifying marks and numbers, descriptions and contents with the dead weight and cubic measurement thereof, the name of the ship, port of shipment, arrival date and disposal instructions. There shall be a separate delivery order for each consignee and for each bill of lading;

1.  

   (b)     a bill of lading or shipping company's delivery order duly released by the ship;

1.  

   (c)     a release by customs officer authorising the delivery of the cargo;

1.  

   (d)     in the case of transhipment goods a shipping order complete in every detail and respect.

139.   Documents required for shipment of cargo

Persons desiring cargo to be shipped shall deliver to an authorised person at such a place as may be determined by the General Manager during normal working hours shipping orders complete in every detail and specifying marks and numbers, descriptions and contents with the dead weight and cubic measurement thereof as required by the Tariff Book. There shall be a separate shipping order for each consignment.

140.   Receiving of cargo for shipment

1.  

   (1)   Cargo for shipment shall be deposited in such places as the General Manager may direct.

1.  

   (2)   All cargo intended for shipment for any particular ship together with the relative shipping orders shall be presented to the General Manager at a port not later than one clear normal working day previous to the ships appointed sailing time. In the event of cargo and/or shipping orders being received late, the shipper is liable for any additional expense incurred.

1.  

   (3)   Cargo in respect of which shipping orders are presented shall be ready for shipment in all respects.

1.  

   (4)   Sorting or other manipulation of cargo for shipment is not permitted in a port.

1.  

   (5)   Cargo which is not accepted for shipment shall be removed within 48 hours after receipt.

1.  

   (6)   The Authority shall not be responsible for ensuring that the whole or any part of any cargo intended for shipment is placed on board any ship before the time of sailing.

141.   Cancelling or amending Orders

Any order cancelling or amending previous orders may be accepted by the General Manager provided that it is reasonably possible to act upon such order. A charge may be made in respect of each such order.

142.   Weights and cubic measurements

1.  

   (1)   When the weight or cubic measurement of cargo is not available the goods shall be weighed or measured by the General Manager and a charge paid by the person presenting the delivery order or shipping note.

1.  

   (2)   All packages exceeding one ton in weight shall have the gross weight legibly marked thereon. If a package is unevenly loaded the heavy end should be clearly marked.

143.   Marking of packages

1.  

   (1)   Where cargo is insufficiently or incorrectly marked the General Manager may require from any person claiming such goods a special release order signed by the ship. Storage charges shall be charged against all cargo remaining in a port as a result of insufficient or incorrect marking.

1.  

   (2)   The Authority is not liable for any loss, damage, delay or non-delivery of cargo occasioned by insufficient or incorrect marking.

144.   Defective Packages

1.  

   (1)   Where any cargo has been landed in packages of a defective or leaky character, despite the provisions of regulation 59 or the fact that the Authority has given a receipt for the cargo, delivery of cargo shall not be considered to have been made to the Authority until such packages have been repacked, rebagged or repaired in a reasonably sound condition and such cargo checked in the presence of the ship and customs officer only such cargo shall be considered to have been accepted by the Authority.

1.  

   (2)   The Authority may decline to accept any cargo which is tendered for landing in packages of a defective or leaking character.

145.   Acids landed or found in a leaky condition

1.  

   (1)   When acids, oils, paints or similar substances come into possession of the Authority in a leaky condition, the Authority may in its discretion repair the leaky or defective packages at the expense of the owner and may refill any packages from which the original contents have leaked.

1.  

   (2)   The owner or consignee of any leaking packages the contents of which either damage the Authority's property or other cargo is liable for such damage.

146.   Unpacking of cargo

Except for Customs purposes cargo shall not be unpacked in a port area without the special permission of the General Manager. All packing and other material from which cargo is so unpacked shall be immediately removed by the owner of the cargo failing which this shall be done by the Authority at the owner's risk and expense.

147.   Destruction of dangerous and offensive cargo

1.  

   (1)   In cases of emergency or for the purpose of securing better safety for a port the General Manager may destroy or otherwise dispose of dangerous cargo in a port without compensation to the owner.

1.  

   (2)   The General Manager may, in consultation with the customs officer, and after giving at least 2 hours notice to the owner order the removal or destruction of any goods or matter which in the opinion of the General Manager are, of an offensive nature. Such removal or destruction and any loss of Customs duties, rates or other charges incurred thereby shall be at the expense of the owner.

148.   Storage charges on Import Cargo

1.  

   (1)   Storage charges after the prescribed free period in the Tariff Book shall be levied on all import cargo.

1.  

   (2)   In the case of large consignments the General Manager may extend the free period when delivery is being effected as fast as the Authority requires.

149.   Storage Charges on Import Cargo

Storage charges after the prescribed free period in the Tariff Book shall be charged on all export cargo until the date the ship commences loading or in the event of non-shipment the date the cargo is removed from the port.

150.   Storage Charges on transhipment cargo

1.  

   (1)   Storage charges after the prescribed free period in the Tariff Book shall be charged on all transhipment cargo from the date of arrival of the ship to the date the carrying ship commences to load.

1.  

   (2)   The General Manager may according to the circumstances prescribe special rates for handling and storing transhipment cargo.

151.   Change of ownership of cargo

Any change in ownership of cargo shall be notified to the General Manager immediately such charge takes place and in the absence of such notification before the cargo leaves the custody of the Authority the previous owner shall be held responsible for all charges.

152.   Charges to be prepaid or secured

All dues and charges, prescribed in the Tariff Book and payable upon all goods landed, shipped, transhipped or warehoused shall be paid or sufficient security furnished for their payment before any orders for delivery shipping or forwarding are acted upon.

153.   Delivery to Customs Warehouse

1.  

   (1)   The delivery of goods to a warehouse appointed by a customs officer shall constitute delivery of such goods to the consignee and the Authority is not liable in respect of such goods after they have been so delivered.

1.  

   (2)   Where the consignee takes delivery from the customs warehouse such goods shall not be delivered until all the dues rates and charges of the Authority have been secured.

PART 11
MISCELLANEOUS

154.   Licences Generally

The General Manager may cancel any certificate, licence or badge granted under these Regulations or may refuse to renew or endorse the same.

155.   Liability

The granting under these Regulations of any licence authorisation, certificate or permit for any purpose shall not impose any liability or responsibility upon the Authority for any accident to the person so authorised or to the holder of such licence, certificate or permit arising from any cause whatsoever.

156.   Licensing of Agents and others

A person shall not in a port area undertake stevedoring, ships work, ship chandlering or clearing and forwarding of goods from a port area without a licence granted by the General Manager for that purpose and on payment of such fees as may be prescribed in the Tariff Book. The General Manager is hereby authorised to grant and endorse such conditions as he or she sees fit with such licences.

157.   Exclusive powers of the General Manager

Save as where otherwise herein these Regulations specially provided or with the written permission of the General Manager specifically in that regard a person shall not in any port perform or cause to be performed any work, service or facility or suffer any obstruction or nuisance to remain.

158.   Offences and penalties

Except where herein otherwise provided, every person doing anything prohibited by any of these Regulations or omitting to do anything required by any of them or who having any other person under his or her command or direction knowingly or negligently permits that person to contravene any of these Regulations commits an offence and is liable on summary conviction to a fine not exceeding $2,000 or imprisonment for a term not exceeding 6 months or to both fine and imprisonment.

Schedule

Airports Regulations – Section 73

(Statutory Instruments 42/1976 and 27/1977)

Statutory Instrument 42/1976 .. in force 9 October 1976

Amended by S.I. 27/1977 .. in force 28 May 1977

ARRANGEMENT OF REGULATIONS

PART 1
GENERAL

PART 2
MOTOR VEHICLES

PART 3
GENERAL RULES OF CONDUCT

PART 4
AIRCRAFT

PART 5
OBLIGATIONS OF LESEES AND TENANTS

AIRPORTS REGULATIONS – SECTION 73

Commencement [9 October 1976]

1.   Citation

These Regulations may be cited as the Airport Regulations.

2.   Interpretation

In these Regulations—

“Airport” means George F. L. Charles Airport, Hewanorra International Airport, and any other area declared to be an airport;

“Customs area” has the meaning assigned to it in the Customs (Control and Management) Act or any other Act which amends or replaces the same;

“police officer” means a member of the Royal Saint Lucia Police Force established by the Police Act;

“Minister” means the Minister charged with the responsibility for Civil Aviation;

“motor lorry”, “motor omnibus”, “motor vehicle”, “public service vehicle”, and “vehicle”, have the meanings respectively assigned to each of them by section 2 of the Motor Vehicles and Road Traffic Act;

“parking area” means a place defined by metal studs or lines on the ground provided for the purpose of parking any class or description of vehicle;

“Superintendent” includes the Superintendent of Aerodromes, the Assistant Superintendent of Aerodromes and any person deputising for or acting under the authority of either of them.

PART 1
GENERAL

3.   Application of Regulations

These Regulations apply to all persons who are at any time in any part of an airport.

4.   Entry into restricted areas

1.  

   (1)   The following buildings and areas in an airport are hereby declared to be restricted areas—

   1.  

      (a)     the air traffic services rooms;

   1.  

      (b)     the aeronautical radio stations;

   1.  

      (c)     the radio transmitter and receiver buildings;

   1.  

      (d)     the fuel installations;

   1.  

      (e)     the Government storage buildings;

   1.  

      (f)     the aerodrome landing area;

   1.  

      (g)     the runways;

   1.  

      (h)     the stopways;

   1.  

      (i)     the clearways;

   1.  

      (j)     the taxiways;

   1.  

      (k)     the apron;

   1.  

      (l)     the aircraft hanger;

   1.  

      (m)     the fire stations.

1.  

   (2)   A person shall not enter any restricted area except with the general or specific written permission of the Superintendent and subject to such conditions as may be attached to such permission.

1.  

   (3)   Any person who contravenes subregulation (2) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months.

5.   Entry on apron restricted to certain persons

1.  

   (1)   A person shall not enter the apron of an airport or any customs area, except—

   1.  

      (a)     a person assigned to duty therein;

   1.  

      (b)     subject to paragraph (e) of this subregulation, a public officer designated in writing by a permanent secretary or a head of a department, as the case may require;

   1.  

      (c)     a person authorised by the Superintendent;

   1.  

      (d)     a passenger entering the apron or the customs area for purposes of embarkation or disembarkation;

   1.  

      (e)     a person authorised by the Comptroller of Customs or his or her duly authorised representative.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months.

6.   Carrying on trade or business

1.  

   (1)   A person shall not carry on any trade or business on an airport except with the approval of the Minister and under such terms and conditions as he or she may determine.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $200 or to imprisonment for 3 months.

7.   Soliciting

1.  

   (1)   A person shall not solicit for any purpose whatever in an airport without the permission of the Superintendent.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $100 or to imprisonment for 3 months.

8.   Advertisements

1.  

   (1)   A person shall not post signs, advertisements, circulars, printed or written matter at an airport without the approval of the Superintendent and except in such manner as he or she may determine.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $250 or to imprisonment for 6 months.

9.   Photography

1.  

   (1)   A person shall not take still, motion or sound pictures on an any restricted area of airport without the permission of the Superintendent. (Amended by S.I.27/1977)

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months.

10.   Use of roads and paths

1.  

   (1)   A person shall not—

   1.  

      (a)     travel on an airport, other than on the roads, paths, or places provided for the particular class of traffic;

   1.  

      (b)     occupy the roads or paths in such manner as to obstruct their proper use;

   1.  

      (c)     operate any type of vehicle for the disposal of garbage, ashes or other waste materials without the approval of the Superintendent.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $100 or to imprisonment for 3 months.

11.   Animals

1.  

   (1)   A person shall not bring into an airport any dog or other animal unless such dog or other animal has arrived by air or is intended for despatch by air and is restrained by leash or confined in such other manner as to be under control.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $100 or to imprisonment for 3 months.

12.   Lost property

1.  

   (1)   Any person who finds any property at an airport shall immediately hand it in the state in which he or she finds it to the office of the Superintendent.

1.  

   (2)   The Superintendent shall retain the property in safe keeping until the owner is ascertained or the property disposed of in accordance with this regulation.

1.  

   (3)   If the owner of any property so retained by the Superintendent is not ascertained within 3 months of the date when it was handed over to his or her office, it shall thereupon vest in the Superintendent who shall, without undue delay, sell such property and from the proceeds of the sale pay such award as he or she sees fit not exceeding ½ to the finder and the balance into the Treasury.

1.  

   (4)   If any property so retained by the Superintendent appears to him or her to be of a perishable nature or is or becomes objectionable, and the owner thereof be not ascertained within 48 hours from the time when it was handed in at the office of the Superintendent, the Superintendent may thereupon destroy or otherwise dispose of it as he or she sees fit.

1.  

   (5)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $250 or to imprisonment for 6 months.

13.   Power to eject

Despite anything contained in these Regulations, the Superintendent, or any police officer may at any time eject or remove any person from any part of an airport for committing any breach of any of these regulations.

PART 2
MOTOR VEHICLES

14.   Traffic Signs

1.  

   (1)   The Superintendent may place, erect or display or may cause to be placed, erected or displayed at an airport such traffic signs as he or she may consider necessary for the proper control and regulation of vehicular traffic at an airport.

1.  

   (2)   All traffic signs placed, erected or displayed at an airport shall be considered for the purposes of these Regulations to have been placed, erected or displayed in accordance with subregulation (1).

1.  

   (3)   Any person who operates or causes to be operated a motor vehicle contrary to any direction of a sign placed, erected or displayed at an airport commits an offence and is liable on summary conviction to a fine of $250 or to imprisonment for 6 months.

15.   Permits

1.  

   (1)   A driver of a public service vehicle shall not at an airport ply for hire or attempt to ply for hire from that airport unless he or she is the holder of a permit granted by the Superintendent.

1.  

   (2)   The Superintendent may upon application made on the proper form grant a permit to the driver of a public service vehicle for the purposes of this regulation.

1.  

   (3)   The Superintendent may refuse for good cause to grant a permit to any applicant.

1.  

   (4)   The Superintendent may cancel any permit granted by him or her under this regulation if the holder is found guilty of an offence under any of these regulations.

1.  

   (5)   Cancellation of a permit may be effected by notice to the holder and on such cancellation the holder shall surrender his or her permit to the Superintendent. The permit of a driver of a public service vehicle shall not be valid during any period in which the holder is not the holder of a driving permit under the Motor Vehicles and Road Traffic Act.

1.  

   (6)   Despite anything contained in this regulation the Superintendent may at any time suspend for a period not exceeding 6 months or cancel any permit granted by him or her if it appears to him or her, after giving the holder an opportunity of being heard, that he or she has committed any offence under these Regulations. Any person whose permit has been suspended or cancelled shall have a right of appeal to the Minister whose decision shall be final.

1.  

   (7)   When a permit has been suspended or cancelled under this regulation it shall be in the discretion of the Superintendent to refuse to grant any further permit under this regulation to that person during a period of 6 months commencing from the date of suspension or cancellation.

1.  

   (8)   A driver who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $100 or to imprisonment for 3 months.

16.   Passenger vehicles

1.  

   (1)   A person shall not operate any taxi, omnibus or other vehicle for the purpose of carrying passengers within an airport otherwise than in accordance with any order or directions of the Superintendent.

1.  

   (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $250 or imprisonment for 6 months.

17.   Public Service Vehicles

1.  

   (1)   Drivers of public service vehicles shall on arrival at an airport park their vehicles in the parking area provided for that class of vehicle, or if so directed by the Superintendent or a police officer they shall park such vehicles in accordance with any directions given.

1.  

   (2)   Drivers of public service vehicles shall remain with their vehicles in the place where such vehicles are parked or in the area designated for them when passengers are passing through immigration and customs.

1.  

   (3)   Drivers of public service vehicles shall not pick up or set down passengers or passengers' baggage except at such place and in such manner as the Superintendent or a police officer may direct.

1.  

   (4)   Drivers of public service vehicles shall, when picking up or setting down passengers comply with any direction given to them by the Superintendent, or a police officer.

1.  

   (5)   A driver of a motor vehicle other than a public service vehicle or a driver of a public service vehicle not plying for hire shall on arrival at an airport park his or her vehicle in an area provided for private motor vehicles or public service vehicles not for hire or as directed by the Superintendent or a police officer.

18.   Motor Vehicles Generally

A driver of a motor vehicle who—

1.  

   (a)     without the permission of the Superintendent or a police officer leaves his or her vehicle on an airport longer than is reasonably necessary for the transaction of the business for the purpose of which it was brought there;

1.  

   (b)     picks up or sets down passengers or passengers' baggage elsewhere than at such places as the Superintendent or a police officer may direct;

1.  

   (c)     drives a motor lorry or a vehicle into the airport except for the purpose of delivering passengers' baggage or other goods to the airport or of collecting the same therefrom;

1.  

   (d)     when picking up or setting down passengers or passengers' baggage, fails to comply with any directions given to him or her by the Superintendent or a police officer;

1.  

   (e)     drives or places his or her vehicle carelessly or dangerously or without due consideration for other persons using the airport;

1.  

   (f)     fails or refuses to stop when required so to do by the Superintendent or a police officer;

1.  

   (g)     fails to comply with any traffic direction given by the Superintendent or a police officer;

1.  

   (h)     fails or refuses to move his or her vehicle from any parking area when required by the Superintendent or a police officer so to do;

1.  

   (i)     without the permission of the Superintendent or a police officer takes a vehicle into a place other than a place provided for passengers or accommodation of that vehicle;

1.  

   (j)     without the permission of the Superintendent or a police officer, take his or her motor vehicle into a hangar used for the maintenance and storage of aircraft,

1.  

   commits an offence and is liable on summary conviction to a fine of $250 or to imprisonment for 3 months.

19.   Motorised equipment

1.  

   (1)   A person shall not operate any motorised equipment on the taxi tracks or apron or the aircraft landing area, except—

   1.  

      (a)     a person assigned to duty therein;

   1.  

      (b)     a person so authorised by the Superintendent or the air traffic control officer on duty at the control tower.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months or to both such fine and imprisonment.

20.   Pedestrians

1.  

   (1)   Pedestrians within pedestrian lane markings have the right of way over vehicular traffic.

1.  

   (2)   A person shall not cross any runway except at such place and subject to such conditions as the Superintendent may consider fit, or by the special permission of the air traffic control officer on duty at the control tower.

1.  

   (3)   Any person who contravenes subregulation (2) commits an offence and is liable on summary conviction to a fine of $200 or to imprisonment for 6 months.

21.   Accident Reports

1.  

   (1)   All persons involved in any accident on an airport and all witnesses thereto shall report the same without delay, to the Superintendent, or to the air traffic control officer on duty at the control tower, or to a police officer.

1.  

   (2)   Any person who fails to comply with subregulation (1) commits an offence and is liable on summary conviction to a fine of $200 or to imprisonment for 6 months.

22.   Intoxication

1.  

   (1)   A person shall not, while under the influence of liquor or narcotic drugs, operate a vehicle of any kind on an airport.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months or to both such fine and imprisonment.

23.   Omnibuses

1.  

   (1)   A carrier by motor omnibus for hire shall not load or unload passengers in an airport at any place other than that designated by the Superintendent.

1.  

   (2)   Any person who fails to comply with the provisions of subregulation (1) commits an offence and is liable on summary conviction to a fine of $200 or to imprisonment for 6 months.

PART 3
GENERAL RULES OF CONDUCT

24.   Disorderly conduct

1.  

   (1)   A person shall not use indecent language or commit any disorderly, obscene or indecent act or cause any nuisance on an airport.

1.  

   (2)   Any person who contravenes subregulation (1) of this regulation commits an offence and is liable on summary conviction to a fine of $200 or to imprisonment for 6 months.

25.   Gambling

1.  

   (1)   A person shall not engage in any form of gambling or operate or cause to be operated any gambling device anywhere on an airport.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $200 or to imprisonment for 6 months.

26.   Sanitation

1.  

   (1)   A person shall not—

   1.  

      (a)     dispose of garbage, papers, refuse or other material on any airport except in the receptacles provided for that purpose;

   1.  

      (b)     use a sanitary convenience otherwise than in a clean and sanitary manner.

1.  

   (2)   Any person who contravenes subregulation (1) of this regulation commits an offence and is liable on summary conviction to a fine of $200 or to imprisonment for 6 months.

27.   Preservation of Property

1.  

   (1)   A person shall not at an airport—

   1.  

      (a)     destroy, damage, deface or disturb in any way any building, sign, equipment, structure or other public property at an airport;

   1.  

      (b)     obstruct any person acting in the execution of his or her duty in relation to any airport;

   1.  

      (c)     remain on an airport or on any part thereof after having been required by the Superintendent or a police officer to depart therefrom;

   1.  

      (d)     load or attempt to load any aircraft without the authority of the person in charge;

   1.  

      (e)     smoke in or otherwise bring any naked light into—

      1.  

         (i)     any place where any such act is prohibited by notice,

      1.  

         (ii)     any place within 50 feet of an aircraft or a store of liquid fuel or explosives;

   1.  

      (f)     fill or discharge from any container (including any part of a vehicle) liquid fuel elsewhere than in a place approved for that purpose;

   1.  

      (g)     light any fire elsewhere than in a place provided for that purpose;

   1.  

      (h)     use radio transmitting or receiving equipment that is intended for transmission or reception on the aeronautical frequencies allocated for use at that airport;

   1.  

      (i)     throw, leave or drop anything capable of causing injury or damage to any person or property.

1.  

   (2)   A person shall not, without the permission in writing of the Superintendent in addition to any other permission (if any) that may be lawfully required—

   1.  

      (a)     erect, alter, move, paint, distemper any building, sign, maps or other structures forming part of or provided for in connection with an airport;

   1.  

      (b)     lay any cable, wire or pipe or dig any part of an airport.

1.  

   (3)   A person shall not—

   1.  

      (a)     climb a wall, fence, barrier, railing or post of any airport;

   1.  

      (b)     walk on any flowering bed planted area or anything growing thereon or any lawn on which walking is prohibited by notice; or

   1.  

      (c)     remove, disturb, pull or damage any tree or plant growing on an airport.

1.  

   (4)   Any person who contravenes this regulation commits an offence and is liable on summary conviction in respect of subregulation (1) and (2) to a fine of $500 and in respect of subregulation (3) to a fine of $250 or to imprisonment for 6 months and 3 months respectively or to both such fine and imprisonment.

28.   Firearms explosives and inflammable material

1.  

   (1)   Subject to subregulation (2) a person other than a customs or immigration officer, or a police officer on official duty shall not carry any firearms, explosives or inflammable materials on an airport without the written permission of the Superintendent.

1.  

   (2)   Where a police officer desires to carry explosives or inflammable materials at an airport, he or she shall first inform the Superintendent who shall make such arrangements for the carriage of such explosives or inflammable materials as he or she may consider proper.

1.  

   (3)   All persons other than the exempted classes mentioned in this regulation shall surrender all firearms explosives and inflammable materials in their possession to the Superintendent or a police officer at an airport.

1.  

   (4)   Any person who contravenes subregulation (1) or (3) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months or to both such fine and imprisonment.

29.   Fires

1.  

   (1)   The lessee or occupier of any premises at an airport where a fire has occurred shall, within 24 hours of its occurrence, submit to the Superintendent a report in writing, stating the circumstances of the fire.

1.  

   (2)   Any lessee or occupier as aforesaid who fails to comply with subregulation (1) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months or to both such fine and imprisonment.

30.   Radio operation

1.  

   (1)   A person shall not operate any radio equipment in any aircraft while such aircraft is in a hangar without the prior approval of the Superintendent.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months.

PART 4
AIRCRAFT

31.   Parking of Aircraft

1.  

   (1)   A person shall not park any aircraft in any area on an airport other than that determined by, and with the consent of, the Superintendent or the air traffic control officer on duty at the control tower.

1.  

   (2)   Any person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months or to both such fine and imprisonment.

32.   Interfering and tampering with aircraft

1.  

   (1)   A person shall not interfere or tamper with any aircraft or put in motion the engines of any aircraft without the permission of the owner.

1.  

   (2)   Any person who contravenes subregulation (1) of this regulation commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months or to both such fine and imprisonment.

33.   Running of engines

1.  

   (1)   A person shall not start or run any engine in any aircraft unless a competent person is in the aircraft attending the engine controls. Before starting the engine or engines in any aircraft, the wheels shall be adequately scotched.

1.  

   (2)   Any person who contravenes subregulation (1) of this regulation commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months or to both such fine and imprisonment.

34.   Repair and testing of aircraft

1.  

   (1)   No aircraft, aircraft engine, propellors or any other appliances thereof, shall be repaired in any area of an airport other than that specifically designated by the Superintendent or the air traffic control officer on duty at the control tower.

1.  

   (2)   Except with the permission of the Superintendent or the air traffic control officer on duty at the control tower, a person shall not repair any aircraft or run up aircraft engines for test purposes on the parking apron.

1.  

   (3)   A person shall not test radar equipment on the parking apron without the permission of the Superintendent or the air traffic control officer on duty at the control tower.

1.  

   (4)   Any person who contravenes subregulation (1), (2) or (3) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months.

PART 5
OBLIGATIONS OF LESSEES AND TENANTS

35.   Signs and bulletin boards

1.  

   (1)   The lessees of hangars shall maintain bulletin boards in a conspicuous place for the purpose of posting all notices issued by the Superintendent.

1.  

   (2)   All lessees of hangars or lessees of shop facilities on an airport shall provide in such hangars or shop facilities accessible first aid kits and fire appliances approved by the Superintendent.

1.  

   (3)   A lessee of any hangar, or lessee of any shop facility on an airport shall not store or stock material or equipment in such a manner as to constitute a hazard to personnel or property.

1.  

   (4)   Any lessee or tenant who contravenes subregulations (1), (2) or (3) commits an offence and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months.

Harbour of Castries Regulations – Section 73  Editor's note: These Regulations were made under the Harbour of Castries Act, 1895. That Act was repealed by the Port Authority Act, 1972 but these Regulations were saved under section 99.The Port Authority Act, 1972 was repealed by the Saint Lucia Air and Seaports Authority Act but these Regulations were saved by section 96.

(Gazettes 18/1/1901, 16/7/1904, 19/3/1917, 5/5/1917, Statutory Instruments 18/1922, 11/1924, 6/1926, 9/1926, 10/1926, 14/1926, 67/1936, 88/1941, 26/1953 and 30/1961)

Gazettes 18-1-1901 .. in force 18 January 1901

Gazettes 16-7-1904, 19-3-1917, 5-5-1917 and S.I. 18/1922, 11/1924, 6/1926, 9/1926, 10/1926, 14/1926, 67/1936, 88/1941, 26/1953

Amended by S.I. 30/1961 .. in force 1 December 1961

Commencement [18 January 1901]

Port of Castries

1.  

   1.   In these Regulations the term Harbour Master and Pilot includes anyone acting under his or her orders, and also the Assistant Harbour Master and Pilot, and the term Harbour Master includes the Assistant Harbour Master and the term H.M. Ships includes all Troopships or chartered Transports.

1.  

   2.   The Harbour Master and Pilot's orders shall be obeyed by masters of ships, whether given to them verbally by him or her or in writing signed by him or her.

1.  

   3.   Ships entering the port of Castries shall when required by the Harbour Master and Pilot so to do, heave to, slow down, or stop, so as to enable the Harbour Master and Pilot to come on board.

1.  

   4.   Ships entering or leaving the port in the daytime shall show their national flag, and all ships (hulks included) when anchored at night shall exhibit a white light at a height, not exceeding 20 feet above the hull, where it can best be seen. Ships shall have their anchors buoyed.

1.  

   5.   Ships arriving from any place outside Saint Lucia shall not come within 300 yards of any wharf, unless they have obtained pratique from the Harbour Master and Pilot.

1.  

   6.   Ships having sickness on board, or, during the existence of quarantine, having had communication with an “infected place” or “infected vessel,” as defined by the Quarantine Act shall on arrival be placed on the Quarantine Ground under observation, until the Quarantine Board decides as to their admission to pratique.

1.  

   7.   Ships (except coasting steamers) entering the port between 6:00 p.m. and 6:00 a.m., when not possessed of clean bills of health, shall anchor at the entrance of the harbour, or, when possessed of clean bills of health, to the West of the Western Wharf, and to the West of the Rendezvous Buoy, taking care not to obstruct the approach to the wharves. Coasting steamers may take their berths at the wharves. Other coasting vessels shall take the position assigned to vessels having clean bills of health.

1.  

   8.   On weekdays every sailing vessel arriving at the port between the hours of 6:00 a.m. and 6:00 p.m. shall immediately be visited by the Harbour Master and Pilot.

1.  

   9.   On Sundays the Harbour Master and Pilot shall visit, between 6:00 and 8:00 a.m. and between 4:00 and 6:00 p.m., any sailing vessel that has arrived before those hours. In case of urgent signal being made he or she shall visit.

1.  

   10.   Steamers arriving on Sundays shall be visited immediately by the Harbour Master and Pilot.

1.  

   11.   Steamers arriving in the night shall be visited by the Harbour Master and Pilot immediately, if signal be made for the Pilot. Steamers leaving the port at night may claim the services of the Pilot.

1.  

   12.   Ships requiring a Pilot shall in the daytime fly the Pilot Jack at the foremasthead, and in the night shall exhibit a blue light and blow their steam whistle at intervals.

1.  

   13.   Ships shall not blow their steam whistle in the harbour without the special permission of the Harbour Master and Pilot, except as permitted in the preceding rule.

1.  

   14.   Ships entering the port without the Pilot and anchoring in an improper place will be liable for any damages that may arise in consequence.

1.  

   15.   A person shall not board, or leave, or receive anything from, or convey anything to, any ship coming into port, nor shall any boat go alongside such ship, until the Harbour Master and Pilot shall have boarded such ship and received the master's verbal report; after which the master shall make the requisite report at the Treasury.

1.  

   16.   Masters having powder or any other explosive on board of their ships shall fly the Burgee at the fore, and shall, immediately and before being berthed, report their having powder or other explosive on board, to the Harbour Master and Pilot, who shall cause such powder or other explosive, not being for Her Majesty's Service, to be landed at the appointed place at the consignee's risk and expense or to be otherwise dealt with at the risk and expense of the master.

1.  

   17.   Masters or persons in charge shall, on demand, produce and show to the Harbour Master and Pilot the ship's registers and papers, and have their stores in readiness for the inspection of a Revenue Officer, and the hatches of their vessels cleared, ready to be sealed down.

1.  

   18.   Masters or persons in charge of ships shall, if required by the Harbour Master and Pilot, rig in their jib-booms and outer jib-booms, and shall conform to such other orders as shall be given by the Harbour Master and Pilot.

1.  

   19.   Masters or persons in charge of ships lying in or obstructing the fair way shall, immediately on being notified by the Harbour Master and Pilot, take such berths as he or she shall direct.

1.  

   20.   Ships shall not heave down at or near to any public wharf, but at such place as may be appointed by the Harbour Master with the approval of the Governor General.

1.  

   21.   Ships shall anchor or lie along wharves at places assigned to them by the Harbour Master and Pilot, and shall remove, when required, from such anchorage or wharf to such other anchorage or wharf as the Harbour Master and Pilot shall appoint. Ships (hulks included) shall not be removed from the anchorage or wharf assigned by the Harbour Master and Pilot for any other anchorage or wharf in the said port without leave of the Harbour Master and Pilot. The Harbour Master and Pilot may direct the removal of any ship or boat from alongside any wharf or ship, if in his or her opinion such ship or boat is interfering with the public convenience. The master of any such ship or boat, or any person in charge of the same, shall obey at once the directions of the Harbour Master and Pilot. If any ship is not at once removed when so directed by the Harbour Master and Pilot, he or she may have such vessel removed at the expense of the owner.

1.  

   22.   Masters of ships lying at the wharves or at anchor shall not, except by special permission of the Harbour Master, allow warps or fasts to be laid out to the buoys, or to any other object so as to obstruct the passage of ships or boats, and warps shall not be made fast to any part of the wharves except to posts or rings put down for that purpose.

1.  

   23.   Owners of cargo or their agents shall not allow goods landed from or intended to be put on board ships, to be placed on any wharf so as to obstruct the mooring posts laid down for the use of ships.

1.  

   24.   Ships shall not be left without one person, at least, in charge, and, when alongside the Northern or Western Wharves, shall not be left during the day or night without a sufficient number of persons on board who can shift such ships, if required, from berth to berth, or lay out extra moorings. Such ships is liable to be impounded and removed to such place as may be appointed by the Harbour Master. Such ships shall not be delivered up to the owners until all expenses of the removal and the fine or penalty incurred under the Act shall have been paid. If such expenses and fine or penalty are not paid within 10 days from the day such ships were impounded, such ships may be sold by order of the Harbour Master and Pilot for the benefit of Saint Lucia. For the purposes of this regulation all steamships shall, unless special permission, be given, or unless otherwise ordered, keep sufficient steam to move immediately either by day or by night.

1.  

   25.   The matter of precedence of ships requiring a berth alongside the Castries Wharf shall be at the discretion of the Harbour Master, who shall be empowered to require any ship already granted a berth to move away therefrom, if, in his or her opinion, there is good and sufficient reason so to do.

1.  

   26.   Her Majesty's ships shall have precedence over all other ships at the public wharves if the Commander so requires in the interest of the service, and the term Her Majesty's ships shall include all Troopships or Chartered Transports.

1.  

   27.   Any banana ship shall have precedence over all other ships (except Her Majesty's ships) at the public wharves for the purpose of loading bananas; but it shall not occupy the public wharves for any longer period than is necessary for the purpose.

1.  

   28.   In the case of any dispute whatever about a berth the decision of the Harbour Master shall be final.

1.  

   29.   When the cause giving any vessel a right of precedence shall in the opinion of the Harbour Master cease to operate the right of precedence shall ipso facto cease.

1.  

   30.   Berths at the wharves shall not be held solely to take in a supply of fresh water. The supply of fresh water shall be obtained during the time of taking in or discharging cargo or coals.

1.  

   31.   Masters of ships lying alongside the wharves shall keep sufficient cargo in the holds of their ships for stiffening them so as to enable them to be hauled off to the ballast ground. Ships shall not be permitted to ballast alongside of the wharves without special permission from the Harbour Master.

1.  

   32.   

   1.  

      (1)     Application for permission to discharge ballast or stones of any kind shall be made in writing to the Harbour Master and Pilot stating the description and quantity. The place for such discharge shall be appointed by the Harbour Master and Pilot.

   1.  

      (2)     Application for permission to take in ballast or stones of any kind shall be made in writing to the Harbour Master and Pilot, stating the quantity required. The description of ballast shall be approved by the Harbour Master before being taken on board.

1.  

   33.   Ships or boats taking on board or discharging any ballast. coals, or other loose article within the harbour, shall have tarpaulins properly stretched and spread so as to prevent any such articles from falling into the sea.

1.  

   34.   Dead animals, offal, ashes, coal-baskets, dirt, or refuse or rubbish of any kind, or any foul liquid matter, shall not be thrown into the harbour.

1.  

   35.   Every person who, except when acting in obedience to lawful authority, throws, or causes or permits to be thrown into the Harbour any explosive substance, commits a breach of these Regulations.

1.  

   36.   Inflammable materials, such as pitch, tar, resin, or oil, shall not be heated on board any vessel lying alongside any wharf; but all such inflammable articles shall be heated at such place as may be appointed by the Harbour Master with the approval of the Governor General.

1.  

   37.   Cables with buoys attached shall not be laid without the written permission of the Harbour Master and Pilot, who shall direct where such cables and buoys shall be laid.

1.  

   38.   Persons shall not by boat-hook, rope, cable, or otherwise hang on to any beacon in the harbour.

1.  

   39.   The approach to the Harbour Master and Pilot's boathouse shall not be obstructed.

1.  

   40.   Persons shall not molest, obstruct, or in any way interfere with the Harbour Master in the performance of his or her duties.

1.  

   41.   

   1.  

      (1)     Masters of ships shall in all cases be liable for the breach of any of these Regulations, and for damage caused by their ships or boats.

   1.  

      (2)     In the case of hulks, the owner is liable for the breach of any of these Regulations relating to hulks.

1.  

   42.   Masters of ships occasioning damage to any wharf, beacon, or buoy, shall, in addition to any penalty incurred by them under the Act, be liable for the costs of repairing such damage.

1.  

   43.   A prosecution or suit shall not be entered upon by the Harbour Master and Pilot under the foregoing regulations without the approval of the Governor General.

1.  

   44.   Persons who desire to erect wharves, piers, or waterside approaches, or to alter, rebuild, or reconstruct any wharves, piers, or waterside approaches, shall petition the Governor General in writing for permission to do so, and shall at the same time forward plans, on the scale of not less than one inch to 8 feet, showing the positions and descriptions of the intended erections or alterations.

1.  

   45.   Any person committing a breach of the foregoing regulations is liable on summary conviction to a penalty not exceeding $240.

1.  

   46.   The Harbour Master may verbally order the master, or apprentice, or seaman, or any distressed British seaman travelling on board any ship, or anyone belonging to any ship arriving at this port not to leave the ship, and should any such person as aforesaid at any time leave the ship and land, despite the order, he or she may be arrested without a warrant by the Harbour Master or any police officer and put on board the ship from which he or she landed. An order not to land when given to the master of the ship shall be considered to be given to every seaman, apprentice, or any one belonging to the ship. And in the event of any such person landing after having been put on board he or she may be arrested without a warrant and detained in custody until the departure of the ship.

1.  

   47.   Any master, apprentice or seaman or any distressed British seaman travelling on board any ship or anyone belonging to any ship arriving at this port who shall land may, at any time, be ordered by the Harbour Master or any police officer at his or her direction to return to the ship from which he or she landed; and should such person as aforesaid refuse or neglect to return to such ship immediately, he or she may be arrested without a warrant by the Harbour Master or any police officer and conveyed back to the ship from which he or she landed. And in the event of any such person landing after having been put on board, he or she may be arrested without a warrant and detained in custody until the departure of the ship.

1.  

   48.   Every seaman belonging to any ship arriving at the port of Castries and landing thereat shall return to his or her ship before she sails, and should any seaman be left at the aforesaid port or be found in Saint Lucia after the departure of his or her ship, the Governor General may order his or her arrest without warrant and detain him or her in custody until he or she can be conveniently shipped from Saint Lucia.

1.  

   49.   The Governor General may order any ship in the Harbour of Castries to leave immediately or may refuse to allow any ship to be coaled.

1.  

   50.   All property found in the harbour, or derelict on the coast of the Island, or within 3 miles thereof, shall be delivered to the Harbour Master by the finders, to be by him or her returned to the owners on payment of salvage (to be fixed by the Director of Finance and Planning) and other expenses; if not claimed within one month, to be sold, and the proceeds, after the payment of salvage and other expenses, to be paid into the Treasury.

Foreign Ships of War

1.  

   51.   The landing of Foreign Armed Sailors or Soldiers from Ships of War or from any Ship or Transport chartered by any Foreign State is prohibited, except with the permission of the Administrator: Provided however that individual officers and men may be allowed to land while such permission is being obtained.

1.  

   52.   The landing of men from Foreign Men-of-War or from Ships or Transports as above described is restricted to the public wharves, the wharf at the Army Service Corps Yard, and, with the permission of the Harbour Master, the Victoria Hospital Pier. In the latter case, landing will only be permitted for the purpose of taking observations or rating chronometers.

1.  

   53.   When Ships of War or Transports are landing large parties of men for liberty or recreation notice should if possible be given to the Commissioner of Police so that the necessary arrangements may be made by him or her to prevent any disorder in the town.

1.  

   54.   Foreign Men-of-War, when in the Harbour, shall not make use of Search Lights or in any way survey the coast line of the Harbour without the permission in writing of the Administrator.

The Castries Wharves

1.  

   55.   The wharves shall be under the charge of the Harbour Master.

1.  

   56.   

   1.  

      (1)     No person other than the persons mentioned in the next following sub-rule, shall enter or be in any portion of the northern wharf or shall enter or be in any portion of the eastern, western or southern wharves enclosed by any barrier unless such person is in possession of and produces on demand to a police officer or to an authorised person a valid pass signed by the Harbour Master authorising admission thereto.

   1.  

      (2)     The following persons are exempt from the provisions of this rule—

      1.  

         (a)     any member of Cabinet or the House of Assembly, the Harbour Master and any member of the Harbour Staff while the latter is on duty;

      1.  

         (b)     any port medical officer;

      1.  

         (c)     the Comptroller of Customs and any customs or revenue officer while such customs or revenue officer is on duty;

      1.  

         (d)     any police officer while on duty;

      1.  

         (e)     any passenger going to or from any ship berthed at a wharf or in the harbour;

      1.  

         (f)     any officer, sailor or other person employed in any ship berthed at a wharf or in the harbour;

      1.  

         (g)     any person in possession of and who produces on demand to a police officer or to an authorised person a valid pass signed by the master, owner or agent of a vessel berthed at a wharf or in the harbour;

      1.  

         (h)     any waterfront worker, whilst so engaged in connection with any ship berthed at a wharf, or in the harbour who has in his or her possession and produces on demand to a police officer or to an authorised person a valid badge signifying that such worker is so engaged.

   1.  

      (3)     Any person who enters or is in the northern wharf or who enters or is in any portion of the eastern, western or southern wharves enclosed by a barrier, otherwise than in accordance with this rule, commits a breach thereof.

   1.  

      (4)     In any proceedings against any person for a breach of this rule the burden of proof that such person is authorised to enter or to be in a wharf shall lie on him or her.

   1.  

      (5)     In this rule “authorised person” means:

      1.  

         (a)     the Harbour Master or a member of his or her staff while the latter is on duty; and

      1.  

         (b)     the Comptroller of Customs or any customs or revenue officer while such customs or revenue officer is on duty.

1.  

   (Substituted by S.I. 30/1961)

1.  

   57.   A person shall not remain or loiter on any part of the wharves, whether the same be enclosed by barrier or not, but shall move on when required so to do by the Harbour Master or by any police officer.

1.  

   58.   No crowd shall collect on any part of the wharves; and persons so collecting shall immediately disperse when required so to do by the Harbour Master or by any police officer.

1.  

   59.   A person shall not throw any dirt, rubbish, or any offensive matter or thing whatsoever on or from any part of the wharves.

1.  

   60.   No goods, merchandise, or other article or thing shall be left or deposited on any wharf within 11 feet from the margin of such wharf.

1.  

   61.   Such goods, merchandise or other articles or things as the Harbour Master may allow to remain on the wharves shall be placed and arranged by the owner or person in charge thereof on such sites and in such manner as the Harbour Master may direct, and shall be removed by the owner or consignee thereof within 24 hours of the time at which the same shall have been landed thereon from any ship or placed thereon for shipment. However, the Harbour Master may grant special permission to allow such goods, merchandise or things to remain on the wharves beyond the time herein specified, if such permission shall not interfere with the public interests.

1.  

   62.   All goods, merchandise, or other article or thing deposited or remaining on the wharves without the Harbour Master's consent may be removed therefrom at the expense of the owner to such place as the Harbour Master may direct; and the same shall not be delivered up to the owner until all the expenses of removal, together with any fines or penalties that may have been incurred, shall have been paid. Where the said expenses, fines or penalties shall not have been paid within one month from the time of removal, the said goods, merchandise, or other article or thing may be sold by order of the Harbour Master for the benefit of Saint Lucia.

1.  

   63.   Coal shall not be stacked on the wharves to a greater height than 20 feet.

1.  

   64.   

   1.  

      (1)     The Harbour Master may— (a) let sites on the wharves for periods not exceeding one year; but despite any agreement to the contrary the notice necessary to terminate any such lease (at whatsoever periods and howsoever the rent may be paid) shall be for annual leases — 6 months, and for leases of less than one year's duration — one month, — to be computed in each case from the date of the notice; (b) at his or her discretion, allow coals to be stored on the wharves from day to day at a charge for such storage of one half cent per square yard per day.

   1.  

      (2)     Rent shall in the case of annual leases be payable quarterly in advance; for leases for shorter periods monthly in advance.

1.  

   65.   Subject to the next following rule the charge for the storage of articles other than coal on the wharves shall be at the rate of one half cent per ton measurement per day.

1.  

   66.   The Harbour Master may allow sugar, rum, molasses, and products intended for shipment, logwood and other woods excepted, to be deposited on the wharves and to remain thereon for not more than 7 days, free of charge. Logwood and other woods intended for shipment shall be stored on sites outside the wharf barriers and a rental value of $0.08 per square yard per quarter shall be charged for such sites. These sites shall be subject to the approval of the Harbour Master to whom application shall be made in writing. The Harbour Master may allow such woods to be removed to a site within the wharf barriers prior to immediate shipment.

1.  

   67.   All monies due to the Government under these Regulations shall be paid into the Treasury, and the Harbour Master shall furnish all such information as may be required by the Treasurer to enable him or her to collect the same.

1.  

   68.   The Governor General may remit charges in special cases or for good cause.

1.  

   69.   

   1.  

      (1)     The Harbour Master shall have power to issue not more than 12 passes for any one month to persons to go on the wharves or to ships lying in the Harbour of Castries for the purposes of carrying on bumboating trade.

   1.  

      (2)     Any person carrying on a bumboating trade without such a pass commits an offence against this rule.

   1.  

      (3)     A person shall not trade in or convey on to the wharves or on to any ship in the Harbour of Castries any opium or preparation of opium, any bay rum or any perfumed spirits, or any alcohol or compound thereof in any form whatsoever.

   1.  

      (4)     The Harbour Master shall have power to withdraw at any time any pass so issued by him or her.

   1.  

      (5)     The pass shall be in such form as the Governor General may direct.

1.  

   70.   All penalties for breaches of these Regulations or any of them may be sued for and recovered by the Harbour Master or any Police Officer, and when recovered shall be paid into the Treasury for the use of Saint Lucia.

1.  

   71.   Any person committing a breach of any of the foregoing regulations numbered 55 to 69 inclusive is liable on summary conviction to a penalty not exceeding $24.

1.  

   72.   All boats shall lay off from steamers and other vessels carrying passengers at a distance of not less than 20 yards except as hereafter directed.

1.  

   73.   Not more than one boat shall be allowed to come alongside at the same time for the purpose of taking passengers and their luggage, etc.

1.  

   74.   No boat shall be permitted to remain alongside longer than is actually necessary to enable the boatmen to take in passengers and their luggage.

1.  

   75.   Any boatman who in any boat or ship alongside of any steamer or other ship carrying passengers is drunk and disorderly, or

   1.  

           Makes use of any violent or obscene language with intent to provoke any person to commit a breach of the peace, or

   1.  

           Uses any obscene or profane language to the annoyance of any person, or

   1.  

           Fights or otherwise disturbs the peace,

   1.  

           commits a contravention of these Regulations.

1.  

   76.   The use in any way or manner whatsoever in the harbour of the small craft known as “Dories” is absolutely prohibited.

1.  

   77.   Boats, rafts, or other obstructions shall not be made fast to any wharf, or so near as to impede the use of the wharf. The Harbour Master and Pilot shall cause any such boat, raft, or other obstruction to be removed, and shall be entitled to recover from the owner all expenses incurred by him or her in its removal.

1.  

   78.   Boatmen, while lying with their boats at any landing place or wharf, or alongside or attending upon any ship within the harbour, shall strictly obey the directions of the Harbour Master and Pilot or of the Police. Boats shall not be secured to the accommodation ladder of any ship.

1.  

   79.   Boats shall not be left alongside ships or wharves used by large ships unattended by persons in charge.

1.  

   80.   Boats of any kind shall not be allowed to remain unemployed alongside wharves liable to be used by large ships.

1.  

   81.   Boats shall not be hauled up on the wharves, the River Guide Bank embankments, or on the Harbour foreshore or be left there, except upon that portion of the Four-a-Chaux bounded on the North by the Castries River, on the South and East by lands of Heirs Mallet-Paret, and on the West by the Harbour of Castries, and at such other places and under such conditions as may be appointed for that purpose by the Governor General and published in the Gazette.

1.  

   82.   

   1.  

      (1)     Any person committing a breach of or neglecting to observe any of the foregoing regulations numbered 72 to 78 inclusive is liable to a penalty not exceeding $24. Any such penalty may be sued for by the Harbour Master or Assistant Harbour Master before the First District Court and when recovered shall be paid into the Treasury for the use of Saint Lucia.

   1.  

      (2)     Any person committing a breach of regulations numbered 79, 80 and 81 is liable to the above penalty and in addition the boat with all tackle may be seized by order of the Harbour Master and Pilot and removed to such place as may be appointed by him or her as a Pound. Such boats shall not be delivered up to the owners until all expenses of the removal and the fine or penalty incurred under the Act shall have been paid. If such expenses and fine or penalty are not paid within 10 days from the day such boats were impounded, such boats may be sold by the order of the Harbour Master and Pilot for the benefit of Saint Lucia.

Steamers with Gasoline, etc

1.  

   83.   Steamers laden with gasoline, case oils, or any explosive or dangerous cargo may be allowed to bunker in the harbour subject to the following conditions—

   1.  

      (a)     Such ship shall only bunker at such berth at the western end of the Northern Wharf as may be assigned to her by the Harbour Master.

   1.  

      (b)     No such ship shall lie alongside the wharf except during daylight.

   1.  

      (c)     Every such ship shall be hauled off by 4:30 p.m.

   1.  

      (d)     No naked lights are to be allowed on deck or below on any such ship.

   1.  

      (e)     No person in possession of matches or other combustibles shall be, or be allowed to be, in the bunkers of such ship.

   1.  

      (f)     Trimmers on such ship are to be searched and shall allow themselves to be searched.

   1.  

      (g)     A person shall not be, or shall be allowed to be, on board such ship except solely on business to the satisfaction of the Harbour Master and with his or her permission.

   1.  

      (h)     Sufficient steam shall be kept up to enable such ship to be immediately shifted at any time.

   1.  

      (i)     A person shall not smoke or be allowed to smoke on board such ship.

   1.  

      (j)     All hatches of such ship shall be kept closed.

   1.  

      (k)     Sufficient extra police supervision to the satisfaction of the Harbour Master shall be employed at the expense of such ship by the bunkering agents to ensure the due observance of these Regulations and the Harbour Master's directions.

1.  

   84.   In addition to and without prejudice to any other provision, whenever in the opinion of the Harbour Master the public safety is likely to be endangered by the presence in the harbour of any steamer, ship or boat, the Harbour Master may direct the removal of any such steamer, ship or boat from alongside any wharf or from the harbour.

1.  

   85.   The owner, the master or the person in charge of any steamer, ship or boat or any other person who contravenes any of the provisions of regulations 83 and 84 is liable on summary conviction to a penalty of $240.

Lights on Shipping

1.  

   86.   In the following Regulations unless the contrary intention appears

“ship” shall include every description of vessel of whatever size or kind used in navigation not being a “small ship” as hereinafter defined.

“small ship” includes yachts, launches, pirogues, canoes, row boats, punts, sculls and all other similar craft used in navigation not exceeding 5 tons net register.

1.  

   87.   Every ship or raft afloat in the Harbour of Castries between the hours of 6:00 p.m. and 6:00 a.m. and not being alongside any of the wharves, shall exhibit at least 3 feet above the hull a white light in a lantern or lamp so constructed as to show a clear, uniform and unbroken light visible all round the horizon at a distance of at least one mile.

1.  

   88.   Every ship or small ship afloat in the Harbour of Castries when laden with gasoline, case oils, or any explosive or dangerous cargo shall in addition to the light hereinbefore prescribed, exhibit in a conspicuous place a red light in a lantern or lamp so constructed as to show a clear, uniform, and unbroken light visible all round the horizon at a distance of at least one mile.

1.  

   89.   Every small ship afloat in the Harbour of Castries between the hours of 6:00 p.m. and 6:00 a.m. not being alongside any of the wharves or within the zone hereinafter provided for shall exhibit at least 3 feet above the hull a white light in a lantern or lamp so constructed as to show a clear, uniform and unbroken light visible all round the horizon at a distance of at least one mile.

1.  

   90.   

   1.  

      (1)     The Harbour Master shall prescribe a zone within which small ships may be moored or berthed and thereby obtain exemption from liability to exhibit the light required by section 89 of these Regulations to be exhibited.

   1.  

      (2)     Every small ship moored or berthed within such zone shall be exempt from the requirements of section 89 of these Regulations.

   1.  

      (3)     The Harbour Master may, if he or she considers it necessary, change the locality of this zone or vary its limits.

   1.  

      (4)     The limits of the zone, and any variations thereof, shall be clearly indicated by the Harbour Master by means of buoys or other easily distinguishable marks or devices.

   1.  

      (5)     The limits of the zone when first prescribed, and any variations thereof, shall be made known by notice under the hand of the Harbour Master and published in the Gazette.

1.  

   91.   Nothing in these Regulations contained shall apply to any ship, small ship or raft actually exhibiting any lights required to be exhibited by the Collision Regulations (Imperial Order in Council No. 1113 of 1910) made under the Imperial Merchant Shipping Act, or by any other Imperial Legislation in force or to any ship exhibiting when at anchor the light required by regulation 4 of these Regulations to be exhibited, or to any boat (as defined in the Boats (Licence and Navigation) Act) carrying when under weigh the lights prescribed by Regulations made thereunder.

1.  

   92.   Any person who acts in contravention of or fails to comply with any of the foregoing regulations commits an offence and on being convicted thereof is liable to a penalty not exceed $24.

Tariffs

1.  

   93.   The following fares are chargeable for services of boats and boatmen in the Harbour of Castries and within one mile thereof:—

   To or from Castries—		¢
   1.	For one passenger going to or returning from a ship one mile outside of the Harbour entrance or within one mile thereof	96
   2.	If more than one passenger be carried the charge for each passenger will be	96
   3.	For every 100 lbs. and under of baggage	24
   4.	For one passenger going to or returning from a ship at the entrance of the Harbour	24
   5.	If more than one passenger be carried the charge for each passenger will be	24
   6.	For every 100 lbs. and under of baggage	24
   7.	For one passenger going to or returning from a ship lying between the Coconuts and the Rendezvous Buoy	12
   8.	If more than one passenger is carried, the charge for each passenger will be	12
   9.	For every 100 lbs. and under of baggage	12
   10.	For one passenger to or from the Coconuts or Vigie	12
   11.	If more than one passenger is carried, the charge for each passenger will be	12
   12.	For short distances, say within the Rendezvous Buoy and from ship to ship for each person	6
   13.	For each package of luggage	4
   14.	For half an hour or under detained	12
   15.	For every hour or fraction of an hour exceeding half an hour detained	24
   16.	Each passenger is entitled to have baggage not exceeding 15 lbs. free
   17.	For each Labourer or Stevedore conveyed to or from a ship one mile outside of the Harbour entrance or within one mile thereof	48

1.  

   94.   Fares for carrying Gunpowder or any other explosives from ships to the Tapion Magazine or other place appointed for storing Gunpowder or any other explosives shall be charged as follows:—

   	¢
   For each keg of other package under 25 lbs	12
   For each keg or other package over 25 lbs and under 50lbs	24
   And in proportion for any package of greater weight

1.  

   95.   

   1.  

      (1)     The following fees are chargeable for rating and checking chronometers—

      	$	¢
      For rating a chronometer	2	40
      For ordinary check of chronometer	1	20
      Ship masters can have their chronometers rated on timely application to the Harbour Master. An ordinary check for a chronometer can be given immediately on application.

   1.  

      (2)     Standard Time exactly 4 hours later than Greenwich Mean Time is adopted in Saint Lucia.

1.  

   96.   During such time as a vessel is hove down a charge shall be made at the rate per day or part of a day of $0.02 per foot of her length from stem to stern.

Pound for Boats

(Gazettes 29 June 11)

1.  

   Under regulation 82(2) of the foregoing Regulations the Harbour Master has appointed as a Pound the slipway at the Harbour Master's Office and the waters immediately in front of it.

Harbour of Castries (Government Slipway) Rules – Section 73

(Statutory Instrument 3/1959)

Statutory Instrument 3/1959 .. in force 17 January 1959

ARRANGEMENT OF REGULATIONS

HARBOUR OF CASTRIES (GOVERNMENT SLIPWAY) RULES – SECTION 73

Commencement [17 January 1959]

1.   Citation

These Rules may be cited as the Harbour of Castries (Government Slipway) Rules.  Editor's note: These Regulations were made under the Harbour of Castries Act, 1895. That Act was repealed by the Port Authority Act, 1972 but these Regulations were saved under section 99. The Port Authority Act, 1972 was repealed by the Saint Lucia Air and Seaports Authority Act, but these Regulations were saved by section 96.

2.   Use of Slipway

1.  

   (1)   The Government Slipway situated alongside the Harbour Office is available for vessels with a maximum length of 70 ft. or a maximum deadweight tonnage of 88 tons.

1.  

   (2)   Owners of vessels wishing to make use of the Slipway should apply in writing to the Harbour Master.

1.  

   (3)   On the acceptance of the application, the owners will be required to deposit the sum of $100 with the Accountant General before hauling operations can commence.

1.  

   (4)   Owners will be required to provide the fuel for hauling machinery and such labour as may be required for placing the vessel on the Slipway.

1.  

   (5)   Owners of vessels will be required to leave the Slipway in a clean and tidy condition on the refloating of the vessel.

Declaration of Secondary Assets Notice – Section 28

(Statutory Instrument 42/2006)

Statutory Instrument 42/2006 .. in force 22 May 2006

Commencement [22 May 2006]

ARRANGEMENT OF SECTIONS

DECLARATION OF SECONDARY ASSETS NOTICE – SECTION 28

1.   Citation

This Notice may be cited as the Saint Lucia Air and Sea Ports Authority (Declaration of Secondary Assets) Notice.

2.    Declaration

The Properties listed in Schedules 1, 2, 3 and 4 are hereby declared to be secondary assets of the Saint Lucia Air and Sea Ports Authority.

Schedule 1

All that piece or parcel of land comprising approximately 0.19 hectares known as La Place Carenage situate on Jeremie Street in the City of Castries in the State of Saint Lucia, registered as Parcel No.0848D 816 in the Registration Quarter of Urban Castries and bounded as follows:

On the NORTH and WEST by the parcel No. 0848C 69, on the EAST by the Parcel No.0848D 181 and on the SOUTH by Jeremie Street or however otherwise the same may be bounded or contained.

The whole containing 0.19 hectares is shown on Plan of Survey done by R. Baptiste Licenced Land Surveyor and lodged at the Survey Office as Plan No. C. 10959B Record No. SM232/2006.

Together with all the appurtenances and dependencies thereof and including the buildings erected thereon.

TITLE:

1.   Entry in the Land Register for Urban Castries made on the 4th day of December, 1987 - Block 0848D 816.

2.   Part 3 of Schedule 1 of the Saint Lucia Air and Sea Ports Authority.

3.   Deed of Sale by The Art Printery Limited to Saint Lucia Air and Seaports Authority executed before Hilford David Alexander Deterville on the 9th day of March, 1999 and registered in the Land Registry on the 24th day of March, 1999 as Instrument No. 1121/ 99.

4.   Saint Lucia Air and Sea Ports Authority (Jeremie Street, Urban Castries) Vesting Order – Statutory Instrument No. 17 of 2001.

Schedule 2

All that piece or parcel of land comprising approximately 14,645 square feet situate on Manoel Street in the City of Castries, registered in the Land Registry as Parcel No. 0848C 13 in the Registration Quarter of Urban Castries and bounded as follows:

On the NORTH, SOUTH and WEST by Parcel No. 0848C 69, and on the EAST by Manoel Street or howsoever otherwise the same may be bounded.

The whole containing Fourteen Thousand Six Hundred and Forty Five (14,645) square feet or One Thousand Three Hundred and Sixty Point Five (1360.5) square meters is shown on Plan of Survey by Dunstan Joseph Licensed Land Surveyor dated the 1st May 2002 and lodged at the Survey Office on the 20th June 2002 as Drawing Number C 10280 B and recorded as Number 421/2002.

Together with all the appurtenances and dependencies thereof and including the concrete building erected thereon.

TITLE:

Entry in the Land Register for Urban Castries made on the 4th day of December 1987 – Block 0848C Parcel 13.

Deed of Sale by The Crown to Saint Lucia Air And Sea Ports Authority executed before Hilford David Alexander Deterville Notary Royal on the 4th day of November, 2004 and registered in the Land Registry on the 11th day of November, 2004 as Instrument No. 5424/2004.

Schedule 3

All that piece or parcel of land comprising approximately 29, 220 square feet situate at Ganters Bay, Vigie in the City of Castries and registered as Parcel No. 0849F 79 in the Registration Quarter of Urban Castries and bounded as follows:-

On the NORTH by Parcel Nos. 0849C 110 and 0849C 103, on the SOUTH and WEST by Vielle Ville Bay, and on the EAST by Parcel Nos. 0849F 80 and 0849F 34, or howsoever otherwise the same may be bounded.

The whole containing Twenty Nine Thousand Two Hundred and Twenty (29,220) square feet or Two thousand Seven Hundred and Fourteen Point Seven (2,714.7) square meters is shown on Plan of Survey by Ornan Monplaisir Licensed Land Surveyor dated the 15th day of November 1995 and lodged at the Survey Office on the 27th day of September 1996 as Drawing Number C 9090 B and recorded as Number 527/96.

Together with all the appurtenances and dependencies thereof, including the buildings erected thereon.

TITLE:

Entry in the Land Register for Urban Castries made on the 27th day of November 1987 – Block 0849C Parcel 79.

Deed of Sale by St. Lucia Yacht Services Limited to Saint Lucia Air and Seaports Authority executed before Hilford David Alexander Deterville on the 22nd day of June, 1999 and registered in the Land Registry on the 2nd day of July, 1999 as Instrument No. 2640/99.

Schedule 4

All that piece or parcel of land comprising approximately 23,815.40 sq. ft. situate at Vigie the City of Castries forming part of the lands vested in the Saint Lucia Air and Sea Ports Authority by virtue of the provisions of Part I of Schedule 1 of the Saint Lucia Air and Sea Ports Authority Act and registered as Block 0849C Parcel 26 in the Registration Quarter of Urban Castries and bounded as follows:.

On the NORTH and WEST by Parcel No. 0849C 27, and on the SOUTH and EAST by Parcel Nos. 0849C 25 and 0849C 24 or howso-ever otherwise the same may be bounded.

Together with all the appurtenances and dependencies thereof and in-cluding the building erected thereon.

TITLE:

Entry in the Land Register for Urban Castries made on the 27th day of November 1987 – Block 0849C Parcel 26.

Part 1 of Schedule 1 of the Saint Lucia Air and Sea Ports Authority Act, Cap. 8.13.

Deed of Sale by Her Majesty Queen Elizabeth the Second to Saint Lucia Air and Sea Ports Authority executed before Gillian Samantha French Notary Royal on the 24th day of September, 2002 and reg-istered in the Land Registry on the 4th day of October, 2002 as Instrument No. 4050/2002.

Saint Lucia Air and Sea Ports Authority (Vieux-Fort) Vesting Order – Section 20(4)

(Statutory Instrument 26/2016)

Statutory Instrument 26/2016 .. in force 23 February 2016

ARRANGEMENT OF SECTIONS

SAINT LUCIA AIR AND SEA PORTS AUTHORITY (VIEUX-FORT) VESTING ORDER – SECTION 20(4)

Commencement [23 February 2016]

1.   Citation

This Order may be cited as the Saint Lucia Air and Sea Ports Authority (Vieux-Fort) Vesting Order.

2.   Vesting of land

The land described in the Schedule being land owned by the Crown, is vested in the Authority.

Schedule

(Section 2)

All that piece or parcel of land comprising Block and Parcel Number 1316B 175 situated at Moule a Chique in the Quarter of Vieux-Fort in the State of Saint Lucia and being bounded as follows—

     North     :     by Block and Parcel Number 1316B 168

     South     :     by the Old Moule A Chique Road

     East     :     by an access road

     West     :     by Block and Parcel Number 1316B 176 (Queen's Chain)

The whole comprising two thousand, three hundred and eighty-seven point two square metres (2,387.2 sq. m.) or twenty five thousand, six hundred and ninety seven square feet (25,697 sq. ft.) as shown on Plan of Survey, Drawing Number VF890B by H.D.T. Mathurin, Licensed Land Surveyor, dated 12th August, 1990 and lodged at the Office of the Chief Surveyor on the 29th day of August, 1990 as Record Number 387/1990.