CHAPTER
273
HARBOUR DUES |
ARRANGEMENT OF
SECTIONS |
SECTION |
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50% of harbour dues payable by vessels carrying
less than 200 tons. |
Collections to be made by comptroller. |
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SCHEDULE - Landing Rates and Pierage Charges. |
CHAPTER 273 |
HARBOUR DUES |
An Act to
provide for the levying of harbour dues and other rates, dues and charges in
connection with the use of harbour facilities and to establish a fund and
matters relating thereto. | 39 of 1954
37 of 1958
3 of 1959
1 of 1961
24 of 1963
33 of 1964
43 of 1964
21 of 1973
E.L.A.O., 1974
4 of 1984
20 of 1984
7 of 1993 |
[Commencement 22nd
July, 1954] |
1. This Act may be cited as the Harbour Dues Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"cargo"
means any commodity, article or thing not produced, gathered, raised or
manufactured within The Bahamas; |
"foreign
port" means any port or place without The Bahamas; |
"Minister"
means the Minister of Finance; |
"Prince
George's Wharf" means the wharf in the Harbour of Nassau opposite Rawson
Square; |
"ton"
means in relation to any cargo two thousand pounds weight or forty cubic feet
measurement; |
"vessel"
means every description of ship, vessel or boat (including aircraft) used in
navigation and however propelled. |
3. (1) There shall be charged, levied, collected and
paid to the Comptroller the landing rates set out in Part I of the
Schedule hereto. | Landing and other rates. |
(2)
Notwithstanding the provisions of subsection (1) of this section it shall be
lawful to land cargo from a port without The Bahamas on Prince George's Wharf
and subsequently to trans-ship the said cargo from Prince
George's Wharf to a port without The Bahamas on payment of the sum of
forty-three cents in respect of each and every ton of such cargo. |
(3) The provisions
of paragraphs (a), (b) and (e) of Part I of the Schedule hereto shall not apply
to cargo landed on Prince George's Wharf from a foreign port by any vessel
drawing less than fourteen feet. |
(4) Except in the
case of cargo landed in the circumstances mentioned in paragraph (d) of Part I
of the Schedule hereto or in subsection (2) of this section, there shall be
charged, levied, collected and paid to the Comptroller the rates set out in
Part II of the Schedule hereto. |
(5)
Notwithstanding the provisions of subsection (1) of this section
it shall be lawful for the Minister, upon such terms and conditions as he may
think fit, to remit one-third of the rates imposed by that subsection in the case
of any vessel which, in his opinion, is maintaining a regular and satisfactory
service between The Bahamas and a foreign port. |
4. (1) There shall be charged, levied, collected and
paid to the Comptroller in respect of each and every period of twenty-four
hours or part thereof during which any vessel lies alongside of Prince George's
Wharf the pierage charges set out in Part III of the Schedule hereto. | Pierage charges. |
(2) The following
vessels shall be exempted from the payment of pierage charges- | Exemptions. |
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(b) the
Imperial Lighthouse Service Tender; |
(c) Bahamas
Government Tenders. |
(3) Notwithstanding the provisions of
subsection (1) of this section it shall be lawful for the Minister upon such
terms and conditions as he may think fit, to remit all pierage charges in
excess of eleven dollars and forty-four cents for every period of twenty-four
hours or part thereof in the case of any vessel which, in his opinion, is
maintaining a regular and satisfactory service between The Bahamas and a
foreign port under the terms of an agreement in writing
made between the owner or charterer of such vessel and the Minister for Tourism
of The Bahamas in respect of the carriage of passengers to and from The
Bahamas. |
5. (1) There shall be charged, levied, collected and
paid to the Comptroller on all vessels (except on such vessels as are
hereinafter expressly excepted) entering the Harbour of Nassau from a foreign
port, and on all vessels entering the said Harbour of
Nassau whose voyage originated without The Bahamas, tonnage dues at the rate of
four cents for each and every net registered ton of every such vessel. | Tonnage dues. |
(2)
Where tonnage of any vessel has been ascertained according to the rules for the
time being in force for the measurement of ships under the
Merchant Shipping Act, or any Act in replacement of the same, the net
registered tonnage of such vessel may be ascertained from the Certificate of
Registration of the vessel. |
(3) Where the
tonnage of a vessel cannot be ascertained in pursuance of subsection (2) of
this section it shall be lawful for a person authorised in that behalf by the
Comptroller to proceed on board such vessel to ascertain her tonnage in
accordance with the rules for the time being in force for the measurement of ships
under the Merchant Shipping Act, or any Act in replacement of the same, and the
fees and expenses so incurred shall be a charge on the vessel and it shall be
lawful to withhold clearance of such vessel until such fees and expenses have
been paid. |
(4) The following
vessels shall be exempt from the payment of the tonnage dues authorised by
subsection (1) of this section, that is to say- | Exemptions |
(a) ships of
war, transports and other vessels employed solely on Government service; |
(b) the
Imperial Lighthouse Service Tender; |
(c) vessels
in distress and vessels, not originally bound for ports in The Bahamas, seeking
shelter from severe weather conditions, provided that no such vessels land
cargo; |
(d) yachts
employed in pleasuring only; |
(e) cable ships
and aircraft; |
(f) all
vessels enjoying preferential rates under subsection (5) of section 3 or
subsection (3) of section 4 of this Act. |
6. Notwithstanding the provisions of sections 4 and 5
of this Act there shall be charged, levied, collected and paid in respect of
all vessels entering the Harbour of Nassau and carrying less than two hundred
tons of cargo fifty per centum of the rates and charges provided by the said
sections. | 50% of harbour dues payable by vessels carrying less
than 200 tons. |
7. All rates, pierage and other charges imposed by this
Act and paid to and collected by the Comptroller shall be paid by him to the
Treasurer. | Collections to be made by Comptroller. |
8. All expenses incurred in carrying out the provisions
of this Act shall be payable out of the Consolidated Fund by warrant in the
usual manner. | Expenses. |
SCHEDULE (Section 3(1)) |
LANDING RATES AND
PIERAGE CHARGES |
PART I |
(a) On
each and every ton of cargo landed on Prince George's Wharf or Arawak Cay
direct from any vessel - four dollars; |
(b) On each and
every ton of cargo discharged into lighters from any vessel lying in the
Harbour of Nassau and afterwards landed on Prince George's Wharf - one dollar
and Fourteen cents; |
(c) On each and
every ton of cargo brought into the Harbour of Nassau from a foreign port by
any vessel drawing fourteen feet and over and not landed on Prince George's
Wharf - thirty-six cents; |
(d) On each and
every ton of cargo discharged into lighters from any of the hatches of any
vessel lying at Prince George's Wharf, when there is not sufficient berthing
space for cargo from such hatches to be landed direct on to Prince George's
Wharf, and afterwards landed on Prince George's Wharf - eighty-four cents; |
(e) On each and
every ton of cargo landed on Prince George's Wharf otherwise than as mentioned
in paragraphs (a), (b) and (d) of this Part of the Schedule - eighty-four cents; |
(f) On each
and every ton of cargo loaded into any vessel lying at Prince George's Wharf or
in the dredged basin or channel of the Harbour of Nassau - forty-three cents; |
(g) On each and
every ton of cargo landed on Clifton Pier direct from any vessel - one dollar and
seventy-one cents; |
(h) On each and
every ton of cargo discharged into lighters from any vessel lying in South West
Bay and afterwards landed on Clifton Pier - one dollar and fourteen cents; |
(i) On each
and every ton of cargo brought into South West Bay by any vessel drawing
fourteen feet and over and not landed on Clifton Pier - thirty-six cents; |
(j) On each
and every ton of cargo discharged into lighters from any of the hatches of any
vessel lying at South West Bay, when there is not sufficient berthing space for
cargo from such hatches to be landed on to Clifton Pier and afterwards landed
on Clifton Pier - eighty-four cents; |
(k) On each and
every ton of cargo landed on Clifton Pier otherwise than as mentioned in paragraphs
(g), (h) and (j) of this Part of the Schedule - eighty-four cents. |
PART II (Section 3(4)) |
On each and every
ton of cargo landed from any vessel arriving from a foreign port drawing less
than fourteen feet- |
(a) on the
public abutment or wharf between the eastern boundary of East Street and the
western boundary of Rawson Square; or |
(b) lying in
the Harbour of Nassau but not at such public abutment or wharf and deposited in
the building known as "The Customs Baggage Shed" at Rawson Square, |
at the rate
of eighty-four cents. |
PART III (Section 4(a)) |
(a) On all
vessels (except such vessels as are hereinbefore expressly exempted) of less
than 750 tons gross lying at the east, south or west side of Prince George's
Wharf - seven cents for each and every foot of the registered length of the
vessel, whether a full berth is available or not; |
(b) on all
other vessels (except such vessels as are hereinbefore expressly exempted)
lying at Prince George's Wharf - thirty-six cents for each and every foot of
the registered length of the vessel, whether a full berth is available or not: |
Provided that the
minimum charge for each and every twenty-four hours or part thereof in respect
of paragraph (a) shall be five dollars and seventy-two cents. |