Amended National Ports Authority Bill 2003

  • View
    52

  • Download
    2

Embed Size (px)

DESCRIPTION

Amended National Ports Authority Bill 2003. Siyabonga Gama Chief Executive Officer National Ports Authority. Comments to the Portfolio Committee on Transport 18 June 2003. Content. The transitional arrangements The role of the regulator Authority’s liability for the acts of a pilot - PowerPoint PPT Presentation

Text of Amended National Ports Authority Bill 2003

  • Amended National Ports Authority Bill 2003

    Comments to the Portfolio Committee on Transport18 June 2003Siyabonga GamaChief Executive OfficerNational Ports Authority

  • Content The transitional arrangements

    The role of the regulator

    Authoritys liability for the acts of a pilot

    Other minor issues in the Bill

  • NPA response = Transnet responseThe Bill must be:Aligned with National Commercial Ports PolicyEnacted in totality as soon as possibleNPA to have all the powers and responsibilities of the Authority, during each of the phasesTo be deemed to be the Authority -during all three phasesNPA generally satisfied with provisionsAligned with international best practices

  • Fundamental issues Ensure that NPA is able effectively to operate as the Authority during the first two phases (i.e. as a division and subsidiary of Transnet)clauses 3(1) and (4) provide for performance of the Authority's functionsthe Initial and Interim Authorities should be deemed to be the Authorityshould provide that the Initial and Interim Authorities must perform the functions, and have all the powers, of the Authority

  • Fundamental issues cont... Should clearly provide for the transfer of staff, assets, liabilities, rights and obligations from the Initial to Interim Authority.clauses 26 and 27 provide for transfer from Interim to Final Authorityclause 3(4)(a) generally provides for transfer of assets, liabilities, rights and obligations from the Initial to Interim Authorityclause 26 should extend to the initial transfer from Initial to Interim Authorityshould include a more detailed provision than clause3(4)(a), along the lines of clause27in light of clause 3(5)(a), the Bill should provide for possible direct transfer from Initial to Final Authority

  • Fundamental issues cont...Transfer from the Interim to Final Authority should be structured as a transfer of shares.clause 27 currently provides for transfer of business as a going concern;transfer of shares:removes uncertainty as to what is to be transferreddoes not require the formation of a separate legal person and will not require the cession of existing contractswould be preferable for tax purposesNPA should be exempt from tax and other duties for both transfers

  • Fundamental issues cont... The powers of the Regulator should be clarified and limitedclause 30(1) is too wide and uncertainChapter 5 relates to appeals and complaintsthe Regulator's function should be to hear appeals and complaints against the decisions or actions of the Authoritythe subjectmatter of the appeals and complaints should be limited to claims that the Authority is abusing its position in:unfairly preferring Transnet over other port usersunfairly discriminating against port users in relation to the Authority's servicespersons whose rights are adversely affected by the actions of the Authority may lodge complaints

  • Fundamental issues cont... Some specific concerns with clause 30(1)the Regulator should not determine guidelines for concessions or PPPsno indication given of the directives that may be issuedthe Regulator's jurisdiction over tariffs should be limited to allegations that the Authority is abusing its position in preferring Transnetthe provision relating to hearing appeals and reviews is too wideClause 30(1) should be deleted

  • Authoritys liability for acts of a pilot Exclusion of Authority's liability for acts of a pilotexclusion of liability should be retainedconsistent with international practicecost of additional insurance will increase port coststhe Authority's liability not otherwise limited, unlike ship ownersexclusions and limitations of liability are commonto provide some remedy to third party vessel, include provision deeming the pilot to be the servant of the owner or master of the vessel under pilotage

  • Authoritys liability cont... Regulations relating to exclusions and limitations of the Authority's liability

    risk of extensive liabilitydetail should be included in regulations

  • Some other issues in the Bill The regulation of off-shore cargo handling facilities under (clause 66) should be consistent with the Petroleum Pipelines Bill:PPRA should license the operation of the facility;the Authority should license the location of such facility; andMemorandum of understanding will be signedRegulator should have discretion not to investigate a particular complaint (clause 48)The powers of the Regulator to make orders under clause54 should be limited

  • Some other issues in the Bill cont... The Authority should be given a reasonable time to adjudicate on license applications (clause 57(6))The Authoritys power to inspect under clause 63 should be broadenedSubstantial alterations in tariffs should be discussed with the National Port Consultative Committee (clause 73)The descriptions of cargo and berth dues should be corrected (clause 73)Training and licensing of pilots should be the Authority's function (clause 78)The Bill should protect confidential information relating to operations of the Regulator (clause 86)

  • Thank You