Revised Laws of Saint Lucia (2021)

73.   Regulations

  1.  

    (1)   The Minister may, on the recommendation of the Authority, make regulations generally with respect to the maintenance, supervision, control and management of the ports and the approaches, and the services performed and the communication navigation and other facilities provided by the Authority and for the maintenance of order on any premises or in any ship, aircraft or vehicle in a port and the approaches and for the carrying out of the provisions of this Act, and without prejudice to the generality of the foregoing, regulations made under this section may contain provisions with respect to—

    1.  

      (a)     the proper control and management of the foreshores of any port and the entrances thereof, the prevention and removal of obstructions therein and the regulation of any work, service or facility performed or provided thereat;

    1.  

      (b)     the control of all persons and vehicles on such premises, the maintenance of order thereon and the admission or exclusion of persons therefrom and the charges, if any, to be made for such admission;

    1.  

      (c)     regulating, controlling and prohibiting the doing or omission of any thing or class of thing within the boundaries of any port or any specified part or parts of any port either at all times and on all occasions or at any time or times or on any occasion or occasions;

    1.  

      (d)     the regulation, restriction and control (without prejudice to the conduct of navigation) of the depositing of any substance, solid matter, article or thing polluting or likely to cause pollution of the waters of any port;

    1.  

      (e)     the regulation of traffic and navigation of ships and aircraft within the limits and approaches to any port and all matters relating to the protection of life and property;

    1.  

      (f)     the regulation of the mode and place of mooring, anchoring and berthing of ships and the parking of aircraft and the removal of ships and aircraft from a mooring, anchorage, berth or position to another mooring, anchorage, berth or position and the time within which the removal shall be effected;

    1.  

      (g)     the protection of ships and aircraft and their cargoes and the removal, destruction, sale or abandonment of stranded ships, aircraft and their cargoes and appurtenances which obstruct or are likely to obstruct the fairway or runway of any port, the payment of expenses including salvage incurred in connection therewith and the levy and recovery of a charge for the right of a hulk or wreck or wreckage to lie in any port;

    1.  

      (h)     the examination, licensing, duties and obligations, and the conduct and discipline of Authority pilots and the charges to be paid for pilotage;

    1.  

      (i)     the regulating of the times, places, order and mode of loading, unloading, warehousing, storing and the depositing of goods;

    1.  

      (j)     the fixing of dues and charges payable in respect of any ship or aircraft, with different dues or charges being applicable in respect of different ships or aircraft or classes of ships or aircraft, the exemption or the remission thereof or part thereof;

    1.  

      (k)     the fixing of the dues and charges payable in connection with the loading, unloading, carrying or warehousing of goods and for any service or facility performed or provided by the Authority including the exemption, refunding or remission of any such charges;

    1.  

      (l)     the fixing of the dues and charges payable in respect of any other service or facility performed or provided by the Authority;

    1.  

      (m)     the licensing of shipping agents, customs brokers, landing agents, forwarding agents, baggage and parcel agents, porters, contractors for supplies and victualling, and other persons concerned in or engaged in or performing any service or work in connection with the ports;

    1.  

      (n)     anything required to be prescribed by this Act and any matter or thing in respect of which it may be necessary or expedient to make regulations to give effect to the purposes of this Act.

  1.  

    (2)   The Minister shall, on the recommendation of the Authority, make regulations generally for the conveyance, loading, unloading and storage of dangerous goods within the limits of the ports, and without prejudice to the generality of the foregoing, may make regulations with respect to—

    1.  

      (a)     the classification of goods as dangerous goods;

    1.  

      (b)     the regulation of the navigation and place of berthing of ships and parking of aircraft carrying dangerous goods;

    1.  

      (c)     the regulation and control of loading and unloading dangerous goods;

    1.  

      (d)     the prohibition or subjection to conditions and restrictions of the conveyance of any kind of dangerous goods with any other kind of goods;

    1.  

      (e)     the prohibition of the loading or unloading of dangerous goods at places where such loading or unloading appears dangerous to the public;

    1.  

      (f)     the fixing of places and times at which dangerous goods are to be loaded and the quantity to be loaded or unloaded at any one time;

    1.  

      (g)     the regulation of the mode and the precautions to be observed in conveying or keeping dangerous goods and in the loading or unloading of the same;

    1.  

      (h)     the protection, whether by means similar to those abovementioned or not, of persons and property from danger generally.

  1.  

    (3)   Subject to the provisions of any enactment relating to merchant shipping, or air navigation, the Minister may, on the recommendation of the Authority, make regulations with respect to—

    1.  

      (a)     the taking of measures for the prevention of ships or aircraft from leaving any port if overloaded, improperly loaded, found insufficiently manned or without qualified officers or engineers or with a number of passengers in excess of the number that can be carried with reasonable safety; or if otherwise not seaworthy or airworthy, as the case may be;

    1.  

      (b)     the examination, certification and licensing of masters, mates and engineers of ships and of pilots of aircraft, and the licence fees payable in respect thereof;

    1.  

      (c)     the inspection, licensing, registration or certification of ships and aircraft the charges to be paid therefor and the number of passengers to be carried therein.

  1.  

    (4)   Regulations made under this section in relation to the use of roadways in any port, shall take effect although such roadways may be roads which are subject to the Motor Vehicles and Road Traffic Act, and regulations thereunder.

  1.  

    (5)   Despite anything enacted in the Interpretation Act, regulations may provide that any breach or contravention of any such regulations shall be punishable on summary conviction by a fine not exceeding $2,000 or by a term of imprisonment not exceeding 6 months or by both such fine and imprisonment.

  1.  

    (6)   All regulations made under this Act shall be subject to negative resolution of Parliament within 6 weeks.