CHAPTER
280
LIGHT DUES |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Light dues payable in respect of certain ships. |
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Light dues to be paid into the Consolidated Fund. |
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Distress on ship and goods for light dues. |
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SCHEDULES |
FIRST SCHEDULE - Ships Exempted from Payment of Light Dues. |
SECOND SCHEDULE - Scale of Light Dues. |
CHAPTER 280 |
LIGHT DUES |
An Act to
levy light dues upon certain ships and for matters incidental thereto or
connected therewith. | 5 of 1976 |
[Commencement 5th
July, 1976] |
1. This Act may be cited as the Light Dues Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"Comptroller"
means the Comptroller of Customs or any other public officer acting on his
behalf or under his authority; |
"exempted
ship" means any ship specified in the First Schedule as
exempted from payment of light dues; |
"foreign
Government" means a Government other than the Government of The Bahamas; |
"Government"
means the Government of The Bahamas; |
"master"
includes every person (except a pilot) having command or charge of any ship; |
"Minister"
means the Minister responsible for Maritime Affairs; |
"port"
includes any port appointed as a port of entry under section 4 of the
Customs Management Act or section 4 of the Immigration Act, and also
includes any point within the waters of The Bahamas from which passengers are
embarked or disembarked and cargo, supplies, ballast or fuel loaded or
unloaded; |
"ship"
includes every description of vessel used in navigation; |
"ton"
means the net registered tonnage of a ship; |
"waters of
The Bahamas" means the waters within the jurisdiction of The Bahamas. |
3. Light dues shall be payable in respect of all ships
whatever passing through the waters of The Bahamas, except ships belonging to
the Government and exempted ships. | Light dues payable in respect of certain ships. |
4. (1) Light dues payable under section 3 shall be
calculated in accordance with the provisions of the Second Schedule. | Amount of light dues. |
(2) Tables of all
light dues shall be posted up at the Department of Customs and at such other
places as the Comptroller may direct. |
5. (1) All light dues collected under this Act shall be
paid into the Consolidated Fund. | Light dues to be paid into the Consolidated Fund. |
(2) The
Comptroller shall be responsible for the collection of all light dues and the
payment of the same into the Consolidated Fund. |
6. The following persons shall be liable to pay light
dues for any ship in respect of which light dues are payable, namely- | Recovery of light dues. |
(a) the owner
or master; or |
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and those
dues may be recovered summarily as a civil debt. |
7. A receipt for light dues shall be given by the
Comptroller to every person paying the same and no ship shall be granted a
clearance until all light dues are paid. | Receipt for light dues. |
8. (1) If the owner, master or agent of any ship fails
on demand of the Comptroller to pay the light dues due in respect thereof, the
Comptroller may, in addition to any other remedy which he is entitled to use,
enter upon such ship and distrain the goods, guns, tackle or any other things
of or belonging to or on board such ship, and detain such distress until the
said dues are paid. | Distress on ship and goods for light dues. |
(2) If payment of
the light dues is not made within the three days next ensuing such distress,
the Comptroller may, at any time during the continuance of such non-payment,
cause the distress to be appraised by two sufficient persons and thereupon sell
the same and apply the proceeds in payment of the dues unpaid, together with
all reasonable expenses incurred by him under this section, paying the surplus,
if any, on demand to the said owner, master or agent. |
9. In order to ascertain the burden of any ship liable
to pay light dues under this Act, the Comptroller may require the owner or
master to produce the register of such ship for inspection, and on the refusal
or neglect of such owner or master to produce such register or to satisfy the
Comptroller as to what is the true burden of the ship he may cause such ship to
be measured, and any expenses incurred in such measurement shall be recoverable
from the owner or master of such ship summarily as a civil debt. | Burden of ship. |
10. The master of any ship who- | Offences. |
(a) departs
from any port leaving unpaid the dues required to be paid under this Act; or |
(b) refuses to
have his ship measured to ascertain the burden in tons; or |
(c) obstructs
any person in the exercise of his functions under this Act, |
shall be guilty
of an offence and shall be liable on summary conviction to a fine not exceeding
five thousand dollars or to imprisonment for a term not exceeding two years or
to both such fine and imprisonment. |
11. The Governor-General may by order amend, or revoke
and replace any of the provisions of the First and Second Schedules. | Amendment of Schedules. |
FIRST SCHEDULE (Sections 2, 11) |
SHIPS EXEMPTED
FROM PAYMENT OF LIGHT DUES |
(a) Ships owned
and operated by a foreign Government for public purposes provided that such
ships are not carrying cargo or passengers for reward; |
(b) Boats
registered under the Boat Registration Act (Chapter 277); |
(c) Private
pleasure yachts owned by citizens of The Bahamas; |
(d) Private
pleasure yachts owned by persons who are not citizens of The Bahamas, of 20
tons or less; |
(e) Ships which
enter any port because of any emergency; |
(f) Oil
tankers transporting crude oil to The Bahamas for the purposes of
trans-shipping the same from The Bahamas. in accordance with the Trans-shipment
Facility Agreement entered into between The Bahamas Industrial Company Limited
and Burmah Oil Tankers Limited; |
(g) Ships of
100 tons or less. |
SECOND SCHEDULE (Sections 4(1) and 11) |
SCALE OF LIGHT
DUES |
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Class
of Ship
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Rate at which light dues are calculated
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1c per ton per voyage
for the first twelve voyages per annum and free thereafter.
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4c per ton per voyage
for the first twelve voyages per annum and free thereafter.
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(c) Ships exceeding 100 tons but
not exceeding 500 tons arriving from outside The Bahamas |
2c per ton per voyage
for the first twelve voyages per annum and free thereafter.
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(d) Ships exceeding 500 tons
arriving from any port outside The Bahamas |
4c per ton per voyage
for the first twelve voyages per annum and free thereafter.
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(e) Private pleasure yachts owned
by persons who are not citizens of The Bahamas exceeding 20 tons arriving
from any port outside The Bahamas |
$5.00 per voyage for
the first twelve voyages per annum and free thereafter.
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