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Harbours Act - Harbours Regulations

LAWS OF TUVALU
2008 Revised Edition

HARBOURS REGULATIONS

CAP. 48.08.1

Arrangement of Regulations

Regulation

1 Citation
2 Harbour master's flag
3 Signals to be made by vessel requiring pilot
4 Licensing of pilots
5 Pilotage fees
6 Wharves to be maintained in safe condition
7 Wharves to be illuminated
8 Use of searchlight
9 Discharge of oil

SCHEDULE

FORM 1
FORM 2
FORM 3

Supporting Documents
ENDNOTES

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HARBOURS REGULATIONS

MADE UNDER SECTION 53 OF THE HARBOURS ACT¹

1 Citation

These Regulations may be cited as the Harbours Regulations.

2 Harbour master's flag

The harbour master's flag required to be flown in accordance with the provisions of section 7 shall be composed of two horizontal bands of equal size; the upper band shall be white with the letters "H.M." conspicuous thereon, and the lower band shall be red.

3 Signals to be made by vessel requiring pilot

The signals required to be made by a master of a vessel requiring the services of a pilot, in accordance with the provisions of section 13, shall be as follows —

(a) By day —

• (i) the international code signal "G"; or

• (ii) the international code signal 'PT"; or

• (iii) the Pilot Jack hoisted at the foremast.

• (b) By night —

• (i) a blue pyrotechnic light every 15 minutes; or

• (ii) the international code signal 'IT' by flashing.
  

4 Licensing of pilots

(1) Licences for pilots granted under the provisions of section 15 shall be in Form 1 set out in the Schedule and each licence shall specify the area or port for which it is granted.

(2) Before any such licence may be granted the applicant therefor shall be required to satisfy the Minister that he has entered the area or port concerned on at least 3 occasions in command of a vessel, that he has the necessary knowledge of that port or area and that he has acquired an adequate knowledge of the handling of ships.

(3) The fee payable by the applicant for the grant of a licence shall be $2.

5 Pilotage fees

(1) For every vessel employing a licensed pilot there shall be payable whenever the vessel enters port, leaves port or shifts within the port a pilotage fee calculated at the rate of 20 cents per foot of the vessel's greatest registered length from stem to stern:

Provided that in no case shall the pilotage fee be less than $50 or more than $100.

(2) When the pilotage fee is paid by the master the pilot shall issue a receipt in Form 2 set out in the Schedule, but when the pilotage fee is for account of the agents the master shall issue to the pilot a certificate in Form 3 set out in the Schedule.

6 Wharves to be maintained in safe condition

Every landing place or wharf to which members of the public have access shall be maintained by the owner or occupier in a fit state of repair and cleanliness to the satisfaction of the harbour master, who may order the owner or occupier to take such steps as may be necessary to exclude the public from any landing place or wharf which in the opinion of the harbour master is unsafe.

7 Wharves to be illuminated

Every landing place or wharf to which members of the public have access shall be illuminated to the satisfaction of the harbour master at all times between sunset and sunrise when passengers or goods are being embarked, disembarked, loaded, unloaded or transported.

8 Use of searchlight

No person shall use a searchlight in a harbour in such manner as to obscure or impair the vision of any person navigating a vessel in or approaching that harbour.

9 Discharge of oil

The master or owner of any vessel or shore installation from which oil is discharged, or allowed to escape, into any harbour shall be guilty of an offence and shall be liable to a fine of $100 or in default of payment thereof to imprisonment for 6 months.

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SCHEDULE
(Regulations 4 and 5)

FORM 1

Prescribed licence issued to a pilot in pursuance of regulation 4 of the Harbours Regulations.

This is to certify that ........................................................................is a licensed pilot for ............................................................................................................................................

Date:

..........................................................
Marine Superintendent

FORM 2

Prescribed receipt for Pilotage Fee under regulation 5 of the Harbours Regulations.

Received from ...........................................................in respect of pilotage of the vessel
..............................................into/out of/within the port of ..............................................
the sum of ......................................................... as follows

Maximum registered length at 20c per foot (subject to a minimum of $50 and a maximum of $100) = $

Date:

______________

FORM 3

Prescribed certificate required by regulation 5 of the Harbours Regulations.
This is to certify that .........................................................has this day piloted the vessel
...........................................into/out of/within the port of .................................................
in respect of which pilotage the vessel is liable for payment of the following fee
Maximum registered length at 20c per foot (subject to a minimum of $50 and a maximum of $100) = $

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ENDNOTES
1 GN 137/1958, LN 37/1969,Acts 8 of 1971, 3 of 1972, LN 32/1972