National Ports Authority Bill: briefing

Meeting report

TRANSPORT PORTFOLIO COMMITTEE
25 February 2003
NATIONAL PORTS AUTHORITY BILL: BRIEFING

Chairperson: Mr JP Cronin (ANC)

Documents handed out:
Department Memorandum on National Ports Authority Bill (Appendix 1)
National Ports Authority Bill [B5-2003] (.pdf file)

This meeting was not minuted by PMG.

SUMMARY
The Department of Transport briefed the Committee on the objects and content of the National Ports Authority Bill. [Please see attached memorandum]

Appendix 1:
National Department of Transport
PRESENTATION TO THE PORTFOLIO COMMITTEE ON TRANSPORT

Object of the Act

-promote and improve efficiency and performance in the management and operation of ports; and
-strengthen the State's capacity to:-
-to separate operations from the landlord function within ports;

National Ports Authority Bill Chapters

1. Definitions and objects of act
2. Establishment and incorporation of authority
3. Declaration of ports and functions of Authority
4 Board, staff and assets of authority
5 Ports regulator

Chapters

6. Provision of port services and port facilities and use of land
7. Development, environment and closure of ports
8. Commercial aspects
9. Safety aspects
10. Ministerial directions and port regulations
11. General

Definitions

1 Minister" means Minister of Transport or a duly appointed representative
2 Shareholding Minister" means the Minister of Public Enterprises or a duly elected representative

Establishment and incorporation of the Authority

1 Incorporation of authority
2 Authority's memorandum and articles of association
3 Non application of provisions of Companies Act
4 Certain provisions of Companies Act may be declared in applicable to the Authority
5 Authority's financial year
6 Judicial management and liquidation Act

Declaration of Ports and functions of the Authorities

1 Ports under jurisdiction of Authority
2 Functions of authority
3 Aim of Authority
4 Co-operative governance

Board and staff

1 Functions of the chief executive officer
2 Vacation of and removal from office of chief executive officer
3 Acting chief executive officer
4 Appointment and transfer of staff
3 Transfer of ports, land and other rights and obligations to authority
5 State guarantees

Provision of port services and port facilities and use of land

1 Agreements and partnerships in terminal operations and services
2 Licenses regarding port services and facilities
3 Conditions of licence
4 Restriction on transfer of licence
5 Suspension or cancellation of licence
6 Directives affecting licensed operators and other persons
7 Duties of licensed operators

Board and Staff

1 Composition of board
2 Nomination and appointment of members
3 Functions of board
4 Persons disqualified from membership of board
5 Terms of office of members
6 Disclosure of interest by members
7 Meetings of board
8 Delegations and assignment
9 Appointment of chief executive officer

Ports Regulator

1 Establishment of Regulator
2 Functions of Regulator
3 Members of the Regulator
4 Funding of the Regulator
5 Secretariat of the Regulator

Provision of port services and port facilities and use of land

1 Operations existing on commencement of Act
2 Off-shore cargo handling facilities
3 Restructuring and reform in Maydon Wharf Area

Development, Environment And Closure Of Ports

1 construction, development and maintenance of ports
2 Protection of environment
3 closure of port

Safety And Aspects

1 Safety of navigation and shipping in ports
2 Safety on land Within ports
3 Pilotage
4 Liability of pilot
5 Licensing of pilot
6 Lighthouses and other navigational aids

General

1 Port consultative committee
2 Port access
3 Co-operation with authorities
4 Offences
5 Amendment of law
6 Repeal of law and saving
7 Short title and commencement

Commercial Aspects

1 Commercial functions of Authority
2 Authority's Tariff book
3 Fees payable to Authority

Ministerial directions and port regulations

Ministerial directions
Port regulations

Consultation

Public consultation was conducted during 2002 through information sessions held in Durban, Cape Town, East London & Johannesburg The following organisations are among those who participated and submitted inputs:
ASABOSA; Garlikce & Bousfield; Island View
Shipping; NPA; Transnet; NPUF, Govt Depts.;
SAPREF;SAPO; Unicorn Lines; RBCT;
SATAWU (W. Cape) and many other individuals