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Section
LAWS OF BRUNEI
Ports
LAWS OF BRUNEI
REVISED EDITION 1984
CHAPTER 144
PORTS
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
CAP. 144 1
1. Short title and commencement
2. Interpretation
3. Declaration of ports etc.
4. Appointment of Director of Marine and otherOfficers
5. Duties of the Director
6. Appointment of Controller of Ports and otherofficers
7. Duties of Controller
8. Powers of the Director and Controller
9. Powers of His Majesty in Council in relation to theDirector
and Controller
10. Control and management of Government land andbuildings in
land areas of ports
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2 CAP. 144
LAWS OF BRUNEI
Ports
PART II
DUES AND RATES
11. Dues payable in respect of vessels
12. Receipts
13. Levy of rates
14. Remission and waiver of dues and rates andexemption from
dues
15. Power of entry into vessels and private wharves
16. Lien on goods for recovery of rates
17. Power to sell goods remaining in custody
18. Power to distrain for non-payment of dues, rates,etc.
19. Remedy by civil proceedings
20. His Majesty in Council may prescribe requirementsfor payment
of dues and rates
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4 CAP. 144
LAWS OF BRUNEI
Ports
PART IV
PILOTAGE
32. Declaration of pilotage districts
33. Vessels may be required to be under pilotage
34. Employment of pilots
35. Liability of master or owner in the case of a vesselunder
pilotage
36. Limitation of pilot's liability when bond is given
37. Director and Government not liable for loss ordamage
occasioned by pilots
38. Regulations regulating pilotage and conduct of pilots
PART V
LIMITATION OF LIABILITY OF GOVERNMENTAND MARINE DEPARTMENT AND
PORTS
DEPARTMENT OFFICERS AND EMPLOYEES
39. Loss or destruction of or damage to goods other
thantranshipment goods
40. Liability of the Government for loss under contract
41. Loss or destruction of, or damage to, transhipmentgoods
deposited with a competent Ports officer
42. Force majeure, etc.
43. Cargo subject to general or particular average
44. Government not responsible for acts of stevedores
orworkmen
45. Limitation of liability in respect of one occasion
46. Protection from personal liability
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LAWS OF BRUNEI
Ports
PART VI
CAP. 144 5
REMOVAL OF VESSELS SUNK AND OTHEROBSTRUCTIONS
47. Power to raise and remove vessel or aircraft sunk
48. Removal of obstructions other than vessels oraircraft
49. Removal of certain obstructions and compensationtherefor
50. Removal of abandoned vessels
PART VII
OFFENCES
51. Injury to lighthouses etc.
52. Misconduct by person employed in lighthouse
53. Prevention of false lights
54. Offences in connection with safety of vessels, etc.
55. Penalties as to employment of pilot other than alicensed
pilot
56. Offences of licensed pilots
57. Penalty on pilot endangering vessel, life or limb
58. Failure to employ licensed pilot under
certaincircumstances
59. Evasion of dues and rates
60. False returns
61. Penalty for giving false information as to draught ofvessel,
etc.
62. Duty to furnish information
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6 CAP. 144
LAWS OF BRUNEI
Ports
PART VIII
MISCELLANEOUS PROVISIONS
63. Minister may appoint places to be used for thecollection of
revenue duties
64. Powers of revenue officers in Ports Departmentwarehouses
.
65. Service of notices
66. Evidence of identity may be required in certain cases
67. Powers of arrest and boarding
68. Compensation, damages and costs to be determinedby Court of
a Magistrate
69. Court for trial and punishment of offences under thisAct
70. Attorney General to sanction prosecution
71. Statement to be made in complaint or summons ofoffence
72. Application of Act
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LAWS OF BRUNEI
Ports
PORTS ACT
CAP. 144 7
An Act to provide for the regulation and control of the ports
12of 1982".J S::.) 4/'15 LJ..i./, I r E'~and waters of Brunei, for
the erection and maintenance s: 17/:;;7.of lighthouses and
navigational aids and for purposesincidental thereto
Commencement: I - I - I) kG
PART I
PRELIMINARY
1. This Act may be cited as the Ports Act, and shall Short
titlecome into operation on such day as His Majesty the Sultan
~edn~~~~ntand Yang Di-Pertuan may, by notification in the
Govern-ment Gazette, appoint, and different dates may be
soappointed for different provisions of this Act.
2. (1) In this Act, unless the context otherwise re-quires -
"animal" means any animate thing of every kindexcept human
beings;
"approaches" means, in relation to a port, anyarea in Brunei
adjacent to a port and declaredunder section 3 to be the approaches
to such port;
"buoys and beacons" includes all other marks andsigns of the
sea;
"competent Marine officer" means the Director orany other
officer of the Marine Department actingin the fulfilment of his
duties under this Act;
"competent Ports officer" means the Controller orany other
officer of the Ports Department acting inthe fulfilment of his
duties under this Act;
Interpreta-tion
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8 CAP. 144
LAWS OF BRUNEI
Ports
"Controller" means the officer for the time beingappointed to be
the Controller of Ports undersection 6 (1) or continued in that
office undersection 6 (2), and includes the Deputy Controllerof
Ports;
"Director" means the officer for the time beingappointed to be
the Director of Marine undersection 4 (1) or continued in that
office undersection 4 (2), and includes the Deputy Director
ofMarine;
"dock" includes drydocks and the entrances there-to, graving
docks, gridirons, slips, keel blocks, in-clined planes, and all
machinery, works, fixturesand things whatsoever attached or
pertainingthereto;
"dues" includes port dues, light dues, goods dues,private wharf
dues, garbage removal dues, pilot-age dues and any other dues
levied under this Actbut does not include rates;
"garbage removal dues" means dues levied in re-spect of services
provided by the Controller for theremoval of refuse, waste or
garbage from vessels;
"goods" includes animals, carcases, baggage andany other movable
property of any kind whatsoev-er;
"goods dues" means dues levied in respect ofgoods landed from or
loaded into vessels;
"harbour craft" means any vessel which is usedwithin a port for
any purpose;
"land area" means, in relation to a port, the areaof the port
other than the marine area;
"licensed pilot" means a pilot employed by theDirector pursuant
to section 34;
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LAWS OF BRUNEI
Ports CAP. 144 9
"light dues" means dues levied in respect of lights,beacons and
any other navigational aids main-tained by the Director;
"lighthouse" shall, in addition to the ordinarymeaning of the
word, include any floating andother light exhibited for the
guidance of vesselsand also any siren and any other description of
fogsignals, and also any addition to a lighthouse ofany improved
light, or any siren, or any descrip-tion of fog signal;
"marine area" means, in relation to a port, thearea of the port
(excluding any wharf situate there-in) which comprises sea and
river waters and seabed, river bed and foreshore;
"master" includes every person, except a pilot,having commands
or charge of any vessel;
"navigation" means navigation of vessels;
"owner", when used in relation to goods includesany consignor,
consignee, shipper or agent of theowner for the sale, custody,
loading, handling, dis-charge or delivery of such goods; and, when
usedin relation to any vessel, includes any part-owner,charterer,
operator, consignee or mortgagee inpossession thereof or any duly
authorised agent ofany such person;
"passenger" means every person carried in a vesselother than the
master and crew or other personsemployed or engaged in any capacity
on board avessel or on the business of a vessel;
"pilot" means any person not belonging to a vesselwho has the
conduct thereof;
"pilotage district" means any area in the waters ofBrunei
declared under section 32 to be a pilotagedistrict;
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10 CAP. 144
LAWS OF BRUNEI
Ports
"port" means any area in Brunei declared undersection 3 to be a
port;
"port dues" means dues levied in respect of a ves-sel for
entering, using, leaving or plying in theport;
"private wharf" means any wharf comprised in theland area of a
port which is not controlled andmanaged by or on behalf of the
Government;
"rates" means any rates or charges leviable by theDirector or
.the Controller) under this Act but doesnot include dues; ,
"vessel" includes any ship or boat or air cushionedvehicle or
floating rig or platform used in naviga-tion or in any other form
of operations in any sea,river or other waters, or any other
description ofvessel; and
"wharf" includes a quay, pier, jetty or other land-ing
place.
tn;(lI~'1( Mh -':hQ AppfcvaJ (\f .-«~ ~uH~y"hl ~ll.lttlf\ (I,ro
~pp(2) His Majesty in Council may by regulations pro-
vide that references or a particular reference to a buoy
orbeacon in this Act or any regulations made thereunder shallbe
construed as including, in such circumstances as are spe-cified in
the regulations made under this subsection, equip-ment of a kind so
specified which is intended as an aid to thenavigation of
vessels.
f'()
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LAWS OF BRUNEI
Ports CAP. 144 11
(b) if the regulations provide that a thing is tobe treated as a
vessel for the purposes of provisionspecified in the regulations,
provide that the provi-sion shall have effect in relation to the
thing withsuch modifications as are so specified.
rY)ll1l1.,t-Q r w.-ith.. ~ (\f1f'ICIICU Q.+ -ftl~ ("'ll~~)+9
.-fh./ ~Cfl' 1'1,1'"
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12 CAP. 144
LAWS OF BRUNEI
Ports
Duties of theDirector
Appointmentof Controllerof Ports andother officers
5. Subject to the provisions of this Act and of any otherwritten
law, the Director shall be charged with the adminis-tration and
control of the Marine Department and it shall behis duty, so far as
public funds are available for the pur-pose, -
(a) to provide and maintain adequate, efficientand appropriate
port services and facilities in themarine area of every port;
(b) to regulate and control navigation within thewaters of
Brunei and to provide pilotage services;
(c) to provide and maintain such lighthousesand all works, roads
and appurtenances requiredin connection therewith, buoys and
beacons andother navigational aids as may seem to him to
benecessary to assist navigation;
(d) to carry out dredging operations and portconservancy;
(e) to disseminate navigational information;
(f) to provide, where expedient, a ferry servicefor the
transportation of passengers, vehicles orgoods within the waters of
Brunei or to and fromany such place outside such waters as may be
au-thorised by His Majesty; and
(g) to carry out such other duties as are imposedupon the
Director by this Act and any other writ-ten law.
6. (1) His Majesty may appoint a Controller of Ports, aDeputy
Controller of Ports, and so many other officers ofthe Ports
Department under such official designations as HisMajesty may deem
expedient for the purpose of carrying
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LAWS OF BRUNEI
Ports CAP. 144 13
out all or any of the provisions of this Act or any otherwritten
law.
(2) Subject to the provisions of subsection (1), theofficer
performing the functions of Controller of Ports im-mediately before
the date of the coming into operation ofthis Act and all other
officers of the Ports Department im-mediately before that date are
hereby continued in theiroffices and shall have, enjoy and perform
all powers, pri-vileges and duties respectively conferred, granted
and im-posed upon the holders of their respective offices under
theprovisions of this Act or any other written law.
7. Subject to the provisions of this Act and of any other Duties
ofwritten law, the Controller shall be charged with the admi-
Controllernistration and control of the Ports Department and it
shallbe his duty, so far as public funds are available for
thepurpose, -
(a) to provide and maintain adequate, efficientand appropriate
port services and facilities in theland area of every port;
(b) to promote the use, improvement and de-velopment of the land
area of every port; and
(c) to carry out such other duties as are imposedupon the
Controller by this Act and any other writ-ten law.
8. Subject to the provisions of this Act the Director maycarryon
such activities as appear to him to be advantageous,necessary or
convenient for him to carryon for or in connec-tion with the
discharge of his duties under this Act; and theController shall
have the like powers in relation to his dutiesunder this Act.
Powers of theDirector andController,
B.L.R.O.1/1984
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14 CAP. 144
LAWS OF BRUNEI
Ports
[, ;).lfl,?,; (\')\ni
Control andmanagementof Govern-ment landand buildingsin land
areasof ports
Cap. 36
10. (1) Subject to the provisions of this section, the
Con-troller shall be charged with the control and management ofall
land and buildings of the Government situate in the landarea of a
port, except any such land or buildings as may bespecified in the
notification defining or altering the limits ofthe port pursuant to
section 3"
r'Yl~t1~.:.....H v...,"",,~ ~ q(Y'ftWt1J
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LAWS OF BRUNEI
Ports CAP. 144 15
(a) to a competent Marine officer, such light,pilotage and other
dues; and
(b) to a competent Ports officer, such port,goods, private
wharf, garbage removal and otherdues,
mlfl;S"O r ~ ~ a.f'P(aJ(\~ ~ ,ffM 1\9 ..suttn" on) ~Df'as His
~48jesty if) COtlftcil may, by notification in the Gov-ernment
Gazette, from time to time prescribe.
(2) The dues payable under subsection (1) shall bepaid in
addition to the rates which the Director or the Con-troller, may
levy under section 13.
12. A receipt for any dues payable under section 11 shallbe
given to every person paying them and any vessel, inrespect of
which such receipt is not produced when deman-ded by a competent
Marine or Ports officer may be detaineduntil such receipt is
produced.
13. (1) Subject to the provisions of this Act, the Directorand
.the Controller: shall levy such rates as@is ~48jesty iflCotlfieil-
may, by notification in the Government Gazette,from time to time
prescribe for the use of premises, worksor appliances belonging to,
and for services or facilities pro-vided by, the Marine Department
or the Ports Department,as the case may be, and without prejudice
to the generalityof the foregoing, for any of the following matters
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(a) the landing, shipping, wharfage, cranage,storage or carriage
of goods;
(b) the carriage of passengers;
(c) the use by any vessel or person of any pre-mises, wharf or
dock under the control of theDirector or the Controller;
' __ _.._ _ •._'_J..--"-"'-".'~ __,.i
Receipts
Levy of rates
S s, I (..,
" tYl '~l,4 +-11 ( us.~ ttW2.a.rrrNcU (f~r
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16 CAP. 144
LAWS OF BRUNEI
Ports
(d) the use of any gear, tackle, instruments,tools, utensils,
staging or materials supplied by theDirector or the Controller) for
the purpose of anyvessel using or-any person working in any
premis-es, wharf or dock under the control of the Directoror the
Controller;
(e) the use of any vessel or engine belonging toor maintained by
the Director OJ( Controllerlor theextinction of fire; ,----
(I) the towing of, and rendering assistance to,any vessel;
(g) the supply of water, fuel, electric and otherforms of energy
by the Director or .~~~ C(}ntroller,;
(h) the laying of moorings, cables or pipes;
(i) the use of pilotage and salvage services pro-vided by the
Director to any vessel.
(2) The Director or the Controller, as the case maybe, may, with
the approval of the Minister, enter into aspecial agreement in
respect of any of the matters referredto in subsection (1) instead
of charging the rate prescribedfor it.
(3) The Director or" the Controller" as the case maybe, may make
such charges as the Minister shall approve forservices rendered or
goods supplied by the Director or theController in pursuance of the
powers conferred by this Actin respect of which no rates have been
prescribed undersubsection (1).
(4) Any rates prescribe under subsection (1) shallbecome due and
payable as if the services, works or facilitieshave been rendered,
performed or provided if the requestfor the services, works or
facilities is withdrawn or cancelled
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LAWS OF BRUNEI
Ports CAP. 144 17
14. The Minister may, if he thinks fit -
without the prescribed notice of withdrawal or cancellationof
the request being given to the Director or the Controller,as the
case may be. .~,.
Remissionand waiver ofdues and
(a) remit or waive the whole or any part of any
~'::.~~i~~df~~~dues or rates paid or payable under this Part;
dues
(b) exempt, upon such conditions as he mayprescribe, any vessel
or class of vessels from anydues payable under this Part.
15. (1) Any competent Marine or Ports officer may enterinto any
vessel within the limits of a port or the approachesthereto or a
pilotage district in order to ascertain theamount of the dues or
rates payable to him in respect of thevessel.
(2) Any such officer may enter upon any privatewharf in a port
to ascertain the amount of the private wharfdues payable to him in
respect of a vessel, or, as the casemay be, for the purpose of
obtaining access to a vessel,when berthed at such a wharf, to
ascertain the amount ofdues or rates payable to him in respect of
the vessel.
(3) Any person who without lawful excuse refuses toallow any
such officer to enter into the vessel or upon anyprivate wharf
pursuant to subsection (1) or (2) shall be guil-ty of an offence:
Penalty, a fine of $2,000.
16. (1) For the amount of all rates leviable under thisAct in
respect of any goods, the Government shall have alien on the goods
and a competent Ports officer shall beentitled to seize and detain
them until the rates are fullypaid. Notwithstanding the provisions
of any other writtenlaw, such a lien shall have priority over all
other liens andclaims howsoever arising.
Power of en-try into ves-sels and pri-vate wharves
Lien ongoods for re-coveryofrates
B.L.R.O.l/1984
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(2) Rates in respect of goods to be landed shall be-come payable
immediately on the landing of the goods.
18 CAP. 144
LAWS OF BRUNEI
Ports
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Power to sellgoods re-maining incustody
(3) Rates in respect of goods to be shipped shall bepayable
before the goods are shipped.
(4) Rates in respect of goods to be removed from thepremises of
the Ports Department shall be payable on de-mand.
17. (1) Without prejudice to the provisions of section 16,if any
goods which have been placed in or on the premises ofthe Ports
Department are not removed therefrom within28 days or in the case
of transhipment goods within 42 days,the Controller may, at the
expiration of the said period of 28or 42 days, as the case may be,
dispose of all or any suchgoods by public auction or public
tender:
Provided that-
(a) in the case of goods of perishable nature, theController may
direct their removal within suchshorter period, not being less than
24 hours afterthe landing thereof as he may deem fit, and if notso
removed, the Controller may dispose of suchgoods in such manner as
he may deem fit; and
(b) in the case of goods which the owner thereofhas placed in or
on such premises with the approv-al of the Controller solely for
the purpose of stor-age, the Controller shall serve such owner with
notless than 28 days notice in writing requiring theremoval of such
goods and if the owner fails tocomply with the notice in respect of
any of suchgoods the Controller may dispose of them by pub-lic
auction or public tender.
(2) For the purposes of subsection (1) a sale shallnot be
rendered invalid by reason only that it is made in or
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LAWS OF BRUNEI
Ports CAP. 144 19
on premises or at a place to which the public is not
admittedexcept on presentation of a pass.
(3) Before making such a sale, the Controllershall-
(a) serve not less than 14 days notice in writingof the proposed
sale on the owner of the goods inquestion or his agent; or
(b) if no such name and address are known tohim, publish such a
notice in the GovernmentGazette:
Provided that, if the goods in question are of such aperishable
nature as, in the opinion of the Controller, torender their
immediate sale or disposal necessary or advis-able, the Controller
shall give such notice, if any, as he shall.deem appropriate to the
circumstances of the case.
(4) The proceeds of sale shall be applied by the Con-troller in
the following manner -
(a) firstly, in payment of the expenses of thesale;
(b) secondly, in payment of any duty payable tothe
Government;
(c) thirdly, in payment of the rates, charges andexpenses due to
the Government in respect of thegoods; and
(d) fourthly, in payment of freight, and otherclaims or liens of
which the Controller has beengiven notice under any written law
relating to mer-chant shipping,
B.L.R.O.l/1984
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and by rendering the surplus, if any, to the person
entitledthereto on demand, and, in case no such demand is
madewithin one year from the date of the sale of the goods,
bypaying the surplus into the Consolidated Fund, whereuponall
rights to the same of such person shall be extinguished.
20 CAP. 144
LAWS OF BRUNEI
Ports
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Power to dis-train for non-payment ofdues, rates,etc.
18. (1) If the master or owner of any vessel in respect ofwhich
any dues, rates or penalties are payable under thisAct or any
regulations made thereunder refuses or neglectsto pay the same or
any part thereof on demand, the Directoror.fhe Controller; or both
such officers, as the case may be,may, in addition to any other
remedy to which Governmentmay be entitled, distrain or arrest of
his or their own author-ity the vessel and the tackle, apparel or
furniture belongingthereto or any part thereof, and detain the same
until theamount or amounts so due is paid.
(2) In case any part of the said dues, rates or penal-ties, or
of the costs of the distress or arrest, or of the keepingof the
said vessel, tackle, apparel or furniture remains un-paid for the
space of 14 days next after any such distress orarrest has been so
made, the Director orLC:QntroJl~l)or bothsuch officers, as the case
may be, may cause the vessel orother thing so distrained or
arrested to be sold, and with theproceeds of such sale may satisfy
those dues, rates or penal-ties and costs, including costs of sale
remaining unpaid,rendering the surplus, if any, to the master or
owner of thevessel on demand.
(3) If-
(a) the Director has reason to believe that anamount is due to
the Marine Department; or
(b) the Controller notifies the Director that anamount is due to
the Ports Department, in respectof dues, rates or penalties
chargeable under thisAct or any regulations made thereunder
against
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LAWS OF BRUNEI
Ports CAP. 144 21
any vessel or the owner, agent or master of suchvessel,
the Director shall not grant port clearance under this Actuntil
the amount so chargeable has been paid or security hasbeen given to
the satisfaction of the Director or the Control-~~.!)or both such
officer as the case may be, for the amountthereof.
19. Notwithstanding anything contained in sections 16 to
~e!lledy by18 d . 68 h G b ··1 CIVIl proceed-an section ,t e
overnment may recover y CIVI ingsproceedings any dues, rates,
expenses, costs, or, in case ofsale, the balance thereof, when the
proceeds of sale areinsufficient, or any penalties or fines payable
to or recover-able by the Government under this Act or any
regulationsor orders made thereunder.
rn'~(J~(" w--trn ,ftt;o qPPfA/tLt £f -ft1Yl ~ ~(.I/l ':'1'\01
YPp S
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22 CAP. 144
LAWS OF BRUNEI
Ports
S, ;}'fI55SRegulations
(2) Any person who causes, permits or suffers anyvessel to enter
or remain in the waters of Brunei in con-travention of any
prohibition imposed under subsection (1)shall be guilty of an
offence: Penalty, a fine and imprison-ment for 2 years and, in the
case of a continuing offence, afine of $1,000 for every day or part
of a day during which theoffence is continued after conviction.
(3) Any vessel which enters or remains in the watersof Brunei in
contravention of any prohibition imposedunder subsection (1) shall
be liable to be detained.
('nt~lW r LUJ~'" tfhJt (lffl(!VaJ
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LAWS OF BRUNEI
Ports CAP. 144 23
premises belonging to, or administered or oper-ated by the Ports
Department;
(e) regulating the manner in which the condi-tions under which
the loading and discharging ofvessels shall be carried out, and for
varying theposition of vessels loading or discharging;
([) keeping free passages of such width as isdeemed necessary
within a port and theapproaches thereto and along or near to
thewharves, docks, moorings and other similar worksin or adjoining
the same and for marking out thespaces so to be kept free;
(g) regulating and anchoring, fastening, moor-ing and unmooring
and warping of all vessels andthe use of warps, mooring buoys,
chain and othermoorings and the granting of permission, on
suchconditions as the Director may think fit, for thekeeping or
placing of private moorings or buoys;
(h) regulating traffic, preventing and removingobstructions and
keeping order on wharves anddocks and for ensuring the safety of
the same andany cargo thereon;
(i) regulating the towage or other assistance tovessels and the
terms and conditions of such tow-age or assistance;
(j) regulating and controlling the use of harbourcraft and
providing for the licensing thereof;
(k) regulating the use of fires and lights and thesignals to be
used and measures to be taken in caseof fires in a port;
B.L.R.O.1/1984
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LAWS OF BRUNEI
24 CAP. 144 Ports
(I) enforcing and regulating the use of naviga- ----.tion
lights, signals and signal lights by vessels andthe steps to be
taken for avoiding collision by ves-sels navigating in the waters
of a port and theapproaches thereto;
(m) providing for inspection of vessels in a portand regulating
the manner in which vessels shall beboarded and such inspection
carried out;
(n) the prohibition of chipping, scaling or noisyrepairs on
vessels or the breaking up of vesselsexcept at such places and at
such times as may beprescribed;
(0) permitting, regulating and controlling theembarkation,
landing and movements on shore ofpersons or things on or from
vessels of all kinds;
(p) ensuring the safety of persons employed in aport and in
ships using a port;
(q) the safe and convenient use of the wharves,docks and
premises and of any ferry service;
(r) prohibiting any operation which may be un-desirable in a
port or in the waters of Brunei;
(s) regulating the reception, storage and remov- ~al of goods
within and from premises in a port, anddeclaring the procedure to
be followed for takingcharge of goods which have been damaged
beforelanding or are alleged to have been so damaged;
(t) prescribing the terms and conditions for thesale and supply
of water in a port and prohibiting ~.such sale and supply within a
port except as pre-scribed;
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LAWS OF BRUNEI
Ports CAP. 144 25
(u) preventing excessive smoke or other nui-sance from vessels,
keeping clean the basins,works and premises in a port and the water
of theport and the approaches thereto and preventingoil, filth,
rubbish or any other thing being thrownor entering therein or
thereon;
(v) supervising, regulating and controlling allactivities
carried on within a port and providing forthe licensing
thereof;
(w) prescribing the conditions under which hyd-rographic or
hydrologic surveys or other studies ofthe waters or sea-bed may be
made within the wa-ters of Brunei;
(x) prohibiting or regulating the provision andmaintenance in
the waters of Brunei of light-houses, buoys and beacons and other
navigationalaids not owned or erected by the Government;
(y) providing for the making good of damage orloss or both
caused by the Marine Department orPorts Department, where such
damage or loss isnot otherwise provided for in this Act; and
(z) excluding or limiting the liability of the Gov-ernment in
respect of anything done pursuant tothis Act.
C'n.,fWt{'r ~ ~ afprGlfcU tr"f' ..f(tO ~. ...kt.Lt'It\ L'w"c.!l
9m? S9 ..f/gS(2) His ~4ajesty in CO\i8eil may make regulations
for
the conveyance, loading, discharging and storage of danger-ous
goods within the waters of Brunei or within the limits ofa port
and, in particular and without prejudice to the gener-ality of the
foregoing, for all or any of the following mat-ters -
(a) classifying goods as dangerous goods;
B.L.R. O. 1/1984
-
(b) regulating the navigation and place of berth-ing of vessels
carrying dangerous goods;
26 CAP. 144
LAWS OF BRUNEI
Ports
-(c) regulating the mode of storing and keeping
dangerous goods on board such a vessel;
(d) regulating and controlling the lighterage,landing, loading
and discharging of dangerous -goods;
(e) prohibiting or subjecting to conditions andrestrictions the
conveyance of any kind of danger-ous goods with any other kind of
goods, articles orsubstances;
(/) prohibiting the loading or discharging ofdangerous goods at
places where such loading ordischarging appears specially dangerous
to thepublic;
(g) fixing the places and times at which danger-ous goods are to
be loaded or discharged and thequantity to be loaded or discharged
at any time;
(h) regulating the mode of, and the precautionsto be observed
in, conveying or keeping dangerousgoods and in the loading or
discharging of them;
(i) fixing the times at which lights or fires are tobe allowed
or not allowed on board vessels car-rying dangerous goods;
(j) generally for protecting, whether by meanssimilar to those
abovementioned or not, personsand property from danger.
(3) For the purposes of subsection (2), "dangerousgoods"
includes aquafortis, vitriol, naphtha, benzine, gun-powder, lucifer
matches, nitroglycerine, petroleum, and ex-
-
LAWS OF BRUNEI
Ports CAP. 144 27
plosives as defined by notification under the Arms and
Ex-plosives Act and any other goods which /Hi~ )'4aj@sty
iaC9\::lBsil may, by regulation, declare to be dangerous goodsfor
the purposes of this section.. ~Ia; (l)\f\I~a~-.lf t.UAd\.. A1u
t:\fprGVctI cF Jtl';s roOJdl~ &u ·~..ll.t,lfq'l- On!!-)OI'~ (4)
His Majesty ia COHaeil may, in making any reg-
ulation under this section, provide -
(a) that any contravention of any regulationshall be an offence
and may prescribe as a penaltyin respect of anyone offence a fine
not exceedingthe sum of $2,000, and in the case of a
continuingoffence a fine not exceeding $500 for every day orpart of
a day during which such offence is con-tinued after the date of the
conviction thereof; and
(b) for payment of any expense incurred in theremoval of any
obstruction or impediment causedby the offender.
Cap. 58 ._," fYl~OI.iJ~ r: ~h All qprt0llC
eft ~ ~,~ J-\u ~ltll'lt(t'\el Y(l~ \a' p
-
(3) Nothing contained in subsection (1) shall pre-judice the
exercise of the overriding power hereby confer-red on the Director
or any other competent Marine officer,within the waters of Brunei
to -
28 CAP. 144
LAWS OF BRUNEI
Ports
-
Penalty fordisobedienceof directionsgiven undersection 23
orregulationsmade undersection 22
(a) direct where any vessel shall be berthed,moored or anchored
and the method of anchorage;
(b) direct the removal of any vessel from anyberth, station or
anchorage to another berth, sta-tion or anchorage and the time
within which suchremoval is to be effected; and
(c) regulate the movement and mooring of ves-sels:
Provided that the Director or such competent Marineofficer
shall, where circumstances permit, consult with theController prior
to directing any vessel to be berthed along-side any wharf situated
in the land area of a port or to beremoved from any berth alongside
such a wharf.
24. (1) Any person who, without lawful excuse, fails orneglects
to obey any direction lawfully given by a competentMarine officer
or Ports officer under section 23 or any reg-ulation made under
section 22 shall be guilty of an offence:Penalty, a fine of $2,000
and, in the case of a continuingoffence, a fine of $500 for every
day or part of a day whichthe offence is continued after
conviction.
(2) In case of such failure or neglect the Director or\ the
Controller, as the case may be, may, whether any pro-ceedings have
been instituted against any person for suchoffence or not, do or
cause to be done all such acts as are inhis opinion reasonable or
necessary for the purpose of car-rying such direction into effect,
and may hire and employsuch persons as he considers proper and
necessary for suchpurposes.
-
LAWS OF BRUNEI
Ports CAP. 144 29
(3) All expenses incurred in doing such acts shall bepaid and
borne by the person or persons so offending.
25. No person shall discharge any oil, oily substance or
~ischarg~ng'I I' id i h f B " h h ' Oil etc mto01 y iqui Into t e
waters 0 runei WIt out t e wntten waters~f
permission of the Director or such other person as may be
Bruneiauthorised by His Majesty or without lawful excuse, and
anyperson who so discharges the same or causes the same to
bedischarged and the owner and master of any vessel fromwhich the
same is discharged shall be guilty of an offence:Penalty, a fine of
£50,000 in addition to any expenses whichare incurred by the
Director in removing or procuring theremoval of the same,
26. (1) The master of every vessel anchoring in, or going Master
to re-port arrival of
alongside any wharf in a port in Brunei shall forthwith - vessel
inBrunei
(a) report or cause to be reported the arrival ofhis ship at the
office of the Director and shall, ifrequired, produce to a
competent Marine officerthe certificate of registry or other
equivalent docu-ments as may be prescribed; and
(b) deposit or cause to be deposited at the officeof the
Director -
(i) his clearance from his last port;
(ii) a copy of the manifest of cargo to be dis-charged or
transhipped in the port;
(iii) a list of passengers;
(iv) a list of crew,
or such other documents as may be prescribed,f1'\1()l..a,~t"
1J>4~ d1..<
-
30 CAP. 144
LAWS OF BRUNEI
Ports
No vessel toleave portwithout portclearance
(b) regulating the manner in which vessels arriv-ing in a port
or place in Brunei are to be boardedby officers of the Marine
Department and otherofficers of the Government;
(c) regulating the information to be supplied tosuch officers by
the masters and owners of suchvessels and by other persons in
respect of suchvessels and of goods loaded or discharged at
thewharves and premises in a port, and the time andmanner in which
such information shall be sup-plied; and
(d) regulating the entries to be made by suchofficers in such
books as may be specified in theregulations.
(3) The master of any vessel or any other personwho fails to
comply with the provisions of this section or ofany regulation made
under subsection (2) shall be guilty ofan offence: Penalty, a fine
of $2,000.
27. (1) No vessel shall leave any port in Brunei withoutthe
master obtaining a port clearance from a competentMarine
officer.
(2) If the master of any vessel obtains a port clear-ance and
does not sail within 48 hours thereafter, he shallreport to a
competent Marine officer his reason for notsailing, and if so
required, obtain a fresh port clearance.
(3) This section shall not apply to vessels of a classwhich have
been exempted from the operation of this sec-tion by His
Majesty.
(4) If any vessel, not being exempted from the op-eration of
this section, leaves or attempts to leave any portwithout a port
clearance, or contrary to the provisions ofsubsection (2), the
master of the vessel and also the owner
-
and any person who sends or attempts to send the vessel tosea,
if that owner or person is party or privy to the offence,shall be
liable for each offence to a fine of $1,000, and thevessel, if she
has not left Brunei, may be detained.
LAWS OF BRUNEI
Ports CAP. 144 31
28. (1) Without prejudice to section 18 (3), a competent When
portclearanceMarine officer may refuse to issue a port clearance to
any may be re-
vessel - fused
(a) whose owner or master has not compliedwith any written law
relating to import or export ofgoods into or from any port or place
in Brunei;
(b) whose owner or master has not compliedwith any provisions of
this Act or of any otherwritten law;
(c) where there are on board the vessel passen-gers of any
description in excess of the numberauthorised by the vessel's
licence or certificate orotherwise in contravention thereof;
(d) where, under this Act or any other writtenlaw, the vessel
may not leave the waters of or anyport in Brunei or is to be or may
be detained.
(2) Any vessel to which port clearance is refusedmay be
detained.
29. (1) Where under this Act or any other written law avessel is
to be or may be detained, any commissioned officeron full pay in
the armed forces of His Majesty or a compe-tent Marine officer may
detain the ship and may place onboard a police guard which may take
such steps as are neces-sary to prevent the ship from leaving a
port or the waters ofBrunei.
(2) If the vessel, after detention, or after service onthe
master of any notice of or order for detention, goes to
Enfrcing de-tention ofvessels
Lt B.L.R.O.1/1984
-
sea before it is released by a competent authority, the mas-ter
of the vessel and also the owner or any person who sendsthe vessel
to sea, if that owner or person is party or privy tothe offence,
shall be liable to a fine of $2,000.
32 CAP. 144
LAWS OF BRUNEI
Ports
-
Hydro-graphic sur-veys, etc.,not to be car-ried out with-out
approvalof His Uaj~iity in CSYHeilc;; ;;)...,'srs
Cap. 42
(3) Where a vessel going to sea takes to sea when onboard
thereof in the execution of his duty any officer autho-rised to
detain the vessel or any police guard, the owner andmaster of the
vessel shall each be liable to pay all expensesof and incidental to
the officer or police guard being sotaken to sea, and also to a
fine of $2,000 and a further fine of$200 for every day until the
officer or police guard returns oruntil such time as would enable
him after leaving the vesselto return to the port from which he is
taken and the ex-penses ordered to be paid may be recovered in like
manneras the fine.
(4) Any person who opposes or in any way obstructsany officer
authorised to detain the vessel or any policeguard shall be guilty
of an offence: Penalty, a fine of $1,000.
30. (1) No person shall carry out or cause to be carriedout any
hydrographic or hydrologic surveys or other studiesof the waters
and sea-bed within the waters of Brunei exceptwith the approval of
His Maj0st~r iA COl.lAcii. O)If'f~'h,r W:;1)t... ~Ctf1PfGl'fl) "f
.-ttl's ~4~ ~ ..tt~r\ c.(N)J .'1PP
(2) Any person who contravenes subsection (1) shallbe guilty of
an offence: Penalty, a fine of $5,000 and impris-onment for 6
months.
(3) This section shall not apply to any hydrographicor
hydrologic surveyor other study carried out -
(a) for or on behalf of the Government; or
(b) pursuant to a licence issued or lease grantedunder the
Mining Act; or
-
LAWS OF BRUNEI
Ports CAP. 144 33
(c) pursuant to a petroleum mining Agreemententered into under
the Petroleum Mining Act.
31. (1) No person shall, without the permission of~Majesty iR
COl:JRcil or a public officer authorised byJ'lisMaj@sty in Coyncil
in that behalf, -
(a) construct, alter or improve any works in anypart of the
marine area of a port; or
(b) deposit in the marine area of a port, or re-move or carry
away therefrom, any rock, stones,shingles, gravel, sand, soil or
other materials what-soever.
(2) The restriction imposed by subsection (1) shallnot apply to
any dredging operations or other works carriedout by or on behalf
of the Government.
(3) For the purpose of this section, "works" includesany
architectural or engineering operations or the laying ofcables.
(4) Any person who contravenes subsection (1) shallbe guilty of
an offence: Penalty, a fine of $5,000 and impris-onment for 6
months and liability to pay all reasonable ex-penses which may be
incurred in repairing any injury causedby that person to any part
of the marine area of a port.
PART IV
Cap. 44
Restriction ofcertain worksor operationsin marineareas of
ports
l tfI, ~LJ,lQ f~
-
34 CAP. 144
LAWS OF BRUNEI
Ports
(tf)\~\~+-~.f tI.,}-4'&.
N ~rrrw:ll_;:'fH I S {)1l~~A'~J~ ~lllfu..... ano~VP
So 'J.ll/:?5
Vessels maybe requiredto be underpilotage
Employmentof pilots
(2) Every such declaration shall define the limits ofthe
pilotage district and such limits may be varied from timeto time
byJllis ~{ftjest) in C6tlneil by notification in theGovernment
Gazette.
33. (1) A competent Marine officer may, if it appears tohim to
be necessary, require any vessel while navigating inany pilotage
district or part thereof to be under pilotage andthe master or
owner of that vessel shall comply with thatrequirement.
(2) A vessel while being moved within any area of aport which is
or forms part of a pilotage district shall bedeemed to be a vessel
navigating in a pilotage district.
34. (1) Subject to the provisions of this Act, the Directorshall
have the general responsibility for employment ofpilots for the
purposes of providing pilotage service in apilotage district.
(2) The Director shall examine, or cause to be ex-amined, every
candidate for employment as a pilot and onbeing satisfied as to his
fitness and competency may issue tohim a licence to act as pilot in
a specified pilotage districtand such licence may contain such
conditions as the Direc-tor may deem fit.
(3) Every pilot shall whenever the Director consid-ers that
owing to changed conditions or for any other suf-ficient reason,
the further testing of any such pilot's fitnessand competency is
necessary, present himself for furtherexamination and shall in
every such case first deposit withthe Director his licence to be
returned to him or cancelled asthe result of such examination
determines.
(4) No person shall be employed as a pilot in a pilot-age
district unless he holds a valid licence to act as a pilot insuch
district.
-
-
LAWS OF BRUNEI
Ports CAP. 144 35
35. The master or owner of a vessel navigating in cir- Liability
ofcumstances in which pilotage is compulsory shall be answer-
~:~~rri~rtheable for any loss or damage caused by the vessel or by
any ~::~~~:/esfault of the navigation of the vessel in the same
manner as pilotagehe would be if pilotage were not compulsory.
36. (1) Every pilot shall give a bond in such sum as may
Limitationofbe prescribed in favour of the Government for the
proper h~~~'~i~~~ilperformance of his duties under this Act.
(2) Any such bond shall not be liable to stamp duty.
(3) A pilot who has given a bond in accordance withthis section
shall not be liable for neglect, want of skill orincapacity in
office beyond the penalty of such bond and theamount of the
pilotage dues in respect of the voyage inwhich he was engaged when
he became so liable.
37. (1) The issue of a licence to a pilot under section 34shall
not impose any liability on the Director or the Govern-ment for any
loss or damage occasioned by any act, omis-sion or default of such
pilot.
(2) A pilot while engaged in any pilotage act
shall,notwithstanding that he may be employed at a salary by oron
behalf, of the Government, be deemed to be the servantonly of the
master or owner of the vessel under pilotage andneither the
Government nor any person employed by theGovernment shall be liable
for any act, omission or defaultof such pilot.
Director andGovernmentnot liable forloss or dam-age occa-sioned
bypilots
rnl~r ~ ~ LtPPlllvitllf .-J{ls /YIctj-O
-
36 CAP. 144
LAWS OF BRUNEI
Ports
(b) prescribing the conditions subject to whichsuch licence may
be issued and the duration of anysuch licence;
(c) prescribing the amount of the bond to begiven by a pilot
under section 36;
(d) providing for the conduct and discipline ofpilots and for
matters relating to their duties;
(e) regulating pilotage and providing for anyother matters
relating to pilotage.
~41~c.; rn~( ~~ {\fpro\Jetf
-
LAWS OF BRUNEI
Ports CAP. 144 37
goods contained therein have, prior to delivery tothe
Department, been declared in writing to acompetent Ports officer by
the person delivering orcausing the same to be delivered, and the
Govern-ment shall not in any event be liable thereforwhere the
value of any such goods has been mis-stated.
(2) In this section and in section 41 -
"transhipment goods" means goods landed from avessel and placed
in the custody of a competentPorts officer for the purposes of
shipment onanother vessel on a through bill of lading dated atthe
port of loading of such goods and showing thatthe destination is
via a port in Brunei, with theultimate port of destination marked
on each pack-age or unit containing such goods and declared ona
transhipment manifest lodged with such compe-tent Ports officer
prior to or at the time such goodsare placed in his custody;
and
"package or unit" includes a container, pallet orsimilar article
of transport used to consolidategoods.
40. Notwithstanding the provisions of section 39, the
LiabilityofC 11 1· · d hi b h f the Govern-ontro er may, on app
rcation ma e to rm y t e owner 0 ment for lossany vessel or goods,
enter into a contract with such owner ~r~~~rconwhereby the
Controller shall accept liability on behalf of theGovernment for
any loss caused by reason of short deliveryby the Ports Department
of any goods placed in storage ordeposited with or placed in the
custody or control of theDepartment or any failure by that
Department to deliver oraccount for them, and for the purposes of
this section, HisMajesty in Council may make regulations
prescribing theterms and conditions of such contract and may, by
notifica-tion in the Government Gazette, from time to time
prescribethe rates to be levied; and such regulations may
prescribe
B.L.R.O.1I1984
-
different terms and conditions and different rates for
diffe-rent circumstances.
38 CAP. 144
LAWS OF BRUNEI
Ports
-Loss or des-truction of,or damage totranshipmentgoods
depo-sited with acompetentPorts officer
Force ma-jeure, etc.
41. In respect of any transhipment goods delivered byany person
to, or placed by any person in the custody of, acompetent Ports
officer, the Government shall, from time ofacknowledgment of the
receipt of such goods and until de-livery of such goods alongside
the on-carrying vessel forloading, be liable, subject to the
provisions of section 42,for the loss or destruction of, or damage
to, such goods:
Provided that the Government shall not be liable for anysuch
loss, destruction or damage in a sum of more than$2,000 per package
or unit unless the nature and value ofthe goods contained therein
have, prior to delivery to suchcompetent Ports officer, been
declared in writing to suchofficer by the person delivering or
causing them to be deli-vered, and the Government shall not in any
event be liabletherefore where the value of any such goods has been
mis-stated.
42. The provisions of sections 39 and 41 shall not imposeon the
Government any liability for the loss or destructionof, or damage
to, any goods arising from -
(a) fire or flood, unless caused by the actualfault or privity
of the Marine Department or PortsDepartment;
(b) an act of God;
(c) an act of war or of public enemies;
(d) seizure under any legal process;
(e) quarantine restrictions;
(/) any act, omission or default of the owner orcarrier of such
goods;
-
LAWS OF BRUNEI
Ports CAP. 144 39
(g) strikes, lockouts or stoppages or restraintsof labour from
whatever cause, whether partial orgeneral;
(h) riots and civil commotions;
(i) saving or attempting to save life or property;
(j) insufficient or improper packing, defectiveor insufficient
marks or leakage from defectivedrums, containers or packages;
(k) any inherent liability to wastage in bulk orweight, latent
or inherent defect or natural de-terioration;
(l) any deficiency in the contents of unbrokenpackages; or
(m) the dangerous nature of such goods.
43. (1) The owner or master of any vessel discharging
orintending to discharge any cargo which is the subject orlikely to
be the subject of a declaration of general or particu-lar average
into the premises of the Ports Department shallinform a competent
Ports officer of the existence or likeli-hood of such declaration
and of the particulars of the cargoaffected or likely to be
affected thereby prior to the com-mencement of such discharge.
(2) The Government shall be exempt from alliiabil-ity in respect
of the discharge, reception, storage or removalof any cargo
referred to in subsection (1).
44. Any stevedore or workman whilst engaged in per-forming work
in or in respect of any vessel shall, notwith-standing that his
wage or remuneration for performing thesaid work is paid by the
Government, be deemed to be theservant of the owner and master of
such vessel and the
Cargo subjectto general orparticularaverage
Governmentnot responsi-ble for acts ofstevedores orworkmen
B.L.R.O.1/1984
-
40 CAP. 144
LAWS OF BRUNEI
Ports
Limitation ofliability in re-spect of oneoccasion
Protectionfrom person-alliability
Power toraise and re-move vesselor aircraftsunk
Government shall be exempt from all liabilities for any lossor
damage caused by any act, omission or default of suchstevedore or
workman.
45. The limitation of liability under this Part shall relateto
the whole of any losses and damages which may ariseupon anyone
distinct occasion, although such losses ordamages may be sustained
by more than one person, andshall apply whether the liability
arises at common law orunder any written law and notwithstanding
anything con-tained in such written law.
46. No matter or thing done and no contract of any kindentered
into by the Director or, the Controller .on behalf ofthe Government
and no matter or thing done by any officerof the Marine Department
or Ports Department or by anyemployee of either of such Departments
or any other personwhomsoever acting under the direction of the
Director or
"the Controller-shall, if the matter or thing was done or
thecontract was entered into bona fide. for the purpose of
car-rying out the provisions of this Act, subject any such
officeror employee or any such other person acting under
thedirection of the Director or the Controller/personally to
anyaction, liability, claim or demand whatsoever in
respectthereof.
PART VI
REMOVAL OF VESSELS SUNK AND OTHEROBSTRUCTIONS
47. (1) If in the opinion of the Director any vessel oraircraft
sunk, stranded or abandoned in the waters ofBrunei is, or is likely
to become, an obstruction, impedi-ment or danger to navigation in
such waters or to the safeand convenient use or operation of a
port, the Director orany person authorised by him may -
-
-
LAWS OF BRUNEI
Ports CAP. 144 41
(a) take possession of and raise, remove or des-troy the whole
or any part of such vessel or air-craft;
(b) light, mark or buoy such vessel or aircraftuntil the
raising, removal or destruction thereof;and
(c) sell, in such manner as he thinks fit, any suchvessel or
aircraft together with its cargo or any-thing else associated with
it and out of the pro-ceeds of sale reimburse the Government for
thewhole of the expenses incurred by him on behalf ofthe Government
in the exercise of his powersunder this section, and shall on
demand pay thesurplus, if any, of the proceeds of such sale to
theowner.
(2) If the proceeds of sale under subsection (1) areinsufficient
to reimburse the Government for the whole ofthe aforesaid expenses,
the Director may recover the ba-lance from the owner of the vessel
or aircraft as a debt inany court of competent jurisdiction.
(3) For the purposes of this section, "owner" in-cludes not only
the owner of the vessel or aircraft at the timeof the sinking,
stranding or abandonment thereof but alsoany purchase of any such
vessel or aircraft so long as thesame remains sunk, stranded or
abandoned.
48. (1) The Director or any person authorised by himmay take
possession of and remove or destroy anything(other than a vessel or
aircraft) causing or likely to becomean obstruction, impediment or
danger to navigation in thewaters of Brunei or to the safe and
convenient use or opera-tion of a port.
(2) The Director may, at such time and in such amanner as he
thinks fit, dispose of anything removed by him
Removal ofobstructionsother thanvessels or air-craft
B.L.R.O.1/1984
-
or on his authority under this section and apply the proceedsof
sale towards payment of the expenses incurred by him onbehalf of
the Government under this section and any surplusshall be paid to
any person who, within 3 months from thedate the thing was removed
by or on behalf of the Director,proves to the reasonable
satisfaction of the Director thatsuch person was the owner
thereof.
42 CAP. 144
LAWS OF BRUNEI
Ports
-
Removal ofcertain ob-structionsand com-pensationtherefor
(3) If anything removed under this section is unsale-able or is
sold by the Director and the proceeds of sale areinsufficient to
reimburse the Government for the whole ofthe aforesaid expenses,
the Director may recover as a debtin any court of competent
jurisdiction the deficiency or thewhole of the expenses, as the
case may be, from the ownerof the thing removed by the
Director.
(4) The provisions of this section shall not affect
theapplication of section 49 in respect of obstructions whichhave
been lawfully made or have become lawful.
49. (1) If any obstruction or impediment to the naviga-tion of a
port has been lawfully made or has become lawfulby reason of the
long continuance of such approval of HisMajesty in Council, cause
the same to be removed oraltered, making to the persons who suffer
damage by suchremoval or alteration reasonable compensation for the
dam-age done.
(2) If any dispute arises concerning such compensa-tion, the
amount and, if necessary, any question of liabilityshall be
summarily ascertained and determined by a Courtof a Magistrate.
(3) An appeal shall lie to the High Court from anydecision of a
Court of a Magistrate under this section and
Cap. 7 those provisions of the Criminal Procedure Code
shallmutatis mutandis apply to all such appeals.
-
LAWS OF BRUNEI
Ports CAP. 144 43
(4) The provisions of section 68 shall not applywhere
compensation is claimed or payable under this sec-tion.
50. (1) Where any vessel has been abandoned or appearsto be
abandoned on the foreshore, sea-bed, or the bank ofany river or
inland watercourse or in any public place nearor adjacent to the
sea or any river or inland watercourse, theDirector may by notice
in writing require the owner of suchvessel to remove the same
within the time appointed by theDirector.
(2) Any notice to be served by the Director undersubsection (1)
may be served by affixing the same on thevessel which has been
abandoned or appears to be aban-doned and shall be deemed to be
properly addressed ifaddressed by the description of the "owner"
without furthername or description.
(3) The owner of a vessel who fails to comply with anotice
served by the Director under subsection (1) shall beguilty of an
offence: Penalty, a fine of $5,000.
(4) Where a notice has been served by the Directorunder
subsection (1) and the vessel is not removed from theforeshore,
sea-bed, bank of any river or watercourse orfrom a public place
near or adjacent to the sea or any riveror watercourse within the
time stipulated in the notice, theDirector may, notwithstanding any
proceedings which maybe instituted against the owner of the vessel
for an offenceunder this section, cause the vessel to be removed
and maysell or destroy the same.
(5) The proceeds of the sale of a vessel under thissection shall
be forfeited to the Government.
(6) Where a vessel is removed, sold or destroyedunder this
section, the owner thereof shall be liable to pay tothe Director
all the costs and expenses incurred therefore
Removal ofabandonedvessels
B.L.R.O.1/1984
-
44 CAP. 144
LAWS OF BRUNEI
Ports
Injury tolighthousesetc.
Misconductby personemployed inlighthouse
and the same may be recovered as a debt due to the
Direc-tor.
PART VII
OFFENCES
51. Any person who wilfully and without lawful ex-cuse -
(a) injures any lighthouse or the lights exhibitedtherein, or
any buoy, beacon or navigational aid orany cables, wires or other
apparatus, either in con-nection therewith or otherwise; or
(b) removes, loosens, sets adrift, alters or des-troys any
light-ship, buoy, beacon or navigationalaid, or any cables, wires
or other apparatus, eitherin connection therewith or otherwise;
or
(c) rides by, makes fast to, or runs foul of, anylightship,
buoy, beacon or navigational aid; or
(d) loosens or removes any vessel from hermoorings or from her
fastenings alongside a wharf,
shall be guilty of an offence: Penalty, a fine of $2,000
andimprisonment for 6 months and, in addition, payment of
theexpenses of making good any damage so occasioned.
52. Any person employed in or about a lighthouse whowilfully or
negligently omits to do any act proper and re-quisite to be done by
him with respect of the lights or signalsexhibited in a lighthouse,
shall, if such omission is of anature likely to cause danger to
navigation, be guilty of anoffence: Penalty, a fine of $2,000 and
imprisonment for2 years.
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53. (1) Wherever any fire or light is burnt or exhibited atsuch
place or in such manner as to be liable to be mistakenfor a light
proceeding from a lighthouse or in such a manneras to affect the
visibility of the light proceeding from a light-house, the Director
may serve a notice upon the owner ofthe place where the fire or
light is burnt or exhibited, or onthe person having the charge of
the fire or light, directingthat owner or person, within a
reasonable time to be spe-cified in the notice, to take effectual
means for extinguishingor effectually screening the fire or light
and for preventingfor the future any similar fire or light.
(2) Any owner or person, on whom a notice isserved under this
section, who fails, without reasonablecause, to comply with the
directions contained in the notice,shall be guilty of an offence:
Penalty, a fine of $2,000.
(3) If any owner or person on whom a notice underthis section is
served neglects for a period of 2 days to ex-tinguish or
effectually screen the fire or light mentioned inthe notice, the
Director may, by his officers or employeesenter upon the place
where the fire or light is, and forthwithextinguish the same, doing
no unnecessary damage, and theexpenses incurred by him in so doing
shall be paid to him bythe owner or person on whom the notice has
been served.
Prevention offalse lights
54. Any person who - Offences inconnectionwith safety of
(a) without any lawful excuse discharges any vessels, etc.gun in
a port except for the purposes of making asignal of distress or for
such other purpose as isallowed under any written law;
(b) graves, breams or smokes any vessel in aport, or boils or
heats any pitch, tar, wax, resin,dammar, turpentine oil or other
such combustiblematter on board any vessel within a port, at
anytime or within any limits at or within which suchact is
prohibited by any regulation made under this
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46 CAP. 144
LAWS OF BRUNEI
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Penalties asto employ-ment otherthan alicensed pilot
Act or by any order or direction of a competentMarine officer or
the master of such vessel;
(c) uses a naked light when drawing off spirits,turpentine oil
or other inflammable oils or liquidsof any kind on board any vessel
in a port; or
(d) uses a vessel, or permits a vessel to be usedwithin the
waters of Brunei -
(i) when such vessel is in such a state that byreason of the
defective condition of its hull,equipment or machinery, or by
reason ofunder-manning or otherwise of any person islikely to be
endangered; or
(ii) when such vessel is so loaded with cargo orpassengers or
both cargo and passengers as toendanger the life of any person on
board,
shall be guilty of an offence: Penalty, a fine of $2,000
andimprisonment for 6 months.
55. (1) Subject to the provisions of subsection (2), anyperson
who, not being a licensed pilot, engages in any pilot-age act or
attempts to obtain employment as a pilot of avessel entering or
being within any pilotage district shall beguilty of an offence:
Penalty, a fine of $2,000.
(2) The owner of any private wharf may, with theapproval of the
Director and subject to such conditions asthe Director may impose,
authorise any person to act as aberthing master for the purposes of
berthing and unberthingvessels at such private wharf.
(3) Any master or owner of a vessel entering orbeing within any
pilotage district who knowingly employs asa pilot any person who is
not a licensed pilot or who is notauthorised in accordance with the
provisions of
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LAWS OF BRUNEI
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subsection (2), shall be guilty of an offence: Penalty, a fineof
$2,000.
(4) For the purposes of this section, a licensed pilot,acting
beyond the limits for which he is licensed or in con-travention of
any conditions imposed under the provisionsof section 34, shall be
deemed not to be a licensed pilot.
(5) Any person, may, without subjecting himself orhis employer
to any penalty, act as the pilot of a vesselentering or leaving any
pilotage district, when such vessel isin distress or under
circumstances making it necessary forthe master to avail himself of
the best assistance that can befound at the time"
56. (1) Any licensed pilot, either within or without the
ffences?f"I distri f hi h h "I" d h licensed pilotpt otage istricts
or wrnc e IS icense , w 0-
(a) is in any way directly or indirectly concernedin any corrupt
practices relating to vessels, theirtackle, furniture, cargoes,
crews or passengers, orto persons in distress at sea or by
shipwreck, or totheir moneys, goods or chattels;
(b) lends his licence;
(c) acts as pilot while suspended;
(d) acts as pilot when in a state of intoxication;
(e) refuses or wilfully delays, when not pre-vented by illness
or other reasonable cause, topilot any vessel within the limits for
which he islicensed by the Director upon being required to doso by
a competent Marine officer; or
([) quits the vessel under his pilotage withoutthe consent of
the master, before the service forwhich he was engaged has been
performed,
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48 CAP. 144
LAWS OF BRUNEI
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Penalty onpilot en-dangeringvessel, life orlimb
Failure toemploylicensed pilotunder certaincircumst-ances
Evasion ofdues andrates
shall be guilty of an offence: Penalty, a fine of $2,000.
(2) Any person who procures, aids, abets or con-nives at the
commission of any offence under this sectionshall be guilty of an
offence: Penalty, a fine of $2,000.
(3) Any licensed pilot who commits an offenceunder this section,
or procures, aids, abets or connives atthe commission of any
offence, shall be liable on convictionto suspension or dismissal by
the Director.
57. Any licensed pilot who, when engaged in the pilotageof a
vessel, by wilful breach of duty or by neglect of duty orby reason
of drunkenness, either -
(a) does any act tending to the immediate loss,destruction or
serious damage of the vessel, ortending immediately to endanger the
life or limb ofany person on board the vessel; or
(b) refuses or omits to do any lawful act properand requisite to
be done by him for preserving thevessel from loss, destruction or
serious damage, orfor preserving any person belonging to or on
boardthe vessel from danger to life or limb,
shall be guilty of an offence: Penalty, a fine of $2,000
andimprisonment for 2 years, and also suspension or dismissalby the
Director.
58. The master or owner of a vessel navigating in cir-cumstances
in which the vessel is required by a competentMarine officer under
section 33, to be under pilotage whodoes not employ a licensed
pilot for such purpose shall beguilty of an offence: Penalty, a
fine of $2,000.
59. (1) Any master or owner of any vessel or any ownerof any
goods who, by any means whatsoever, evades orattempts to evade any
of the dues or rates leviable under
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LAWS OF BRUNEI
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this Act shall be guilty of an offence: Penalty, a fine of$2,000
and imprisonment for 4 months, and, in addition,payment to the
Director or the Controller, as the case maybe, of double the amount
~fthe-dues or rates such offender,evaded or attempted to evade.
(2) The tender to or acceptance by the Director orthe
Controllec'or any of his officers of any dues or rates, thepayment
'or which has been previously evaded or left un-paid, shall not
release or discharge any person from anyliability for any damages
or penalty consequent upon suchevasion or non-payment.
60. Any person who makes any statement which is false False
returnsin any material particular in any return, claim or other
docu-ment which is requested or required by a competent
Marineofficer or Ports officer shall be guilty of an offence:
Penalty,a fine of $2,000 and imprisonment for 6 months.
61. Any master, owner or agent of a vessel entering orleaving or
intending to enter or leave any dock, or comealongside or depart
from any wharf, who gives false in-formation of the draught, length
or beam of such vessel to acompetent Marine officer or a competent
Ports officer or toany employee of the Marine Department or the
Ports De-partment whose duty it is to ascertain the same, shall
beguilty of an offence: Penalty, a fine of $1,000.
62. Any person who without reasonable cause or lawfulexcuse
fails or refuses to furnish to a competent Marineofficer any
information required by such officer relating tothe movement of
vessels in or around Brunei and othermatters affecting the movement
and safety of such vesselsshall be guilty of an offence: Penalty, a
fine of $5,000 andimprisonment for 6 months.
Penalty forgiving falseinformationas to draughtof vessel,
etc.
Duty to fur-nish informa-tion
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50 CAP. 144
LAWS OF BRUNEI
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PART VIII
MISCELLANEOUS PROVISIONS
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Minister mayappointplaces to beused for thecollection
ofrevenueduties
63. (1) The Minister may, notwithstanding anything inthis Act,
appoint any part of the wharves or premises underthe control and
management of the Controller as a place forthe collection of import
or other revenue duties payable tothe Government.
(2) Whenever any part of such wharves or premiseshas been so
appointed as a place for the collection of suchimport or other
revenue duties, the Controller shall setapart and maintain such
place, in such manner as the Minis-ter requires, for the use of the
persons entitled to collectsuch duties.
Powersofre- 64. Any person being or having the powers of a
revenuevenue officers ffi d . 1 f h . b· . f h 11in Ports De- 0 cer
un er any written aw or t e time emg In orce s a~~~~~~~es at all
times be admitted to all parts of any warehouse of the
Ports Department, and shall be premitted to inspect thebooks
kept in connection therewith and the stock therein.
Service ofnotices
65. (1) Every notice, order or document required or au-thorised
by this Act or any regulations made thereunder tobe served on any
person may be served -
(a) by delivering the same to such person or bydelivering the
same at the last known place ofabode of such person to some adult
member orservant of his family;
(b) by leaving the same at the usual or lastknown place of abode
or business of such person ina cover addressed to such person;
or
(c) by forwarding the same by post in a prepaidletter addressed
to such person at his usual or lastknown place of abode or
business.
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LAWS OF BRUNEI
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(2) Notwithstanding the provisions of sub-section (1), any
notice required to be given to any per-son who causes, permits or
suffers anything which is anobstruction or impediment to navigation
and whose identityis unknown, shall be deemed to be properly served
if affixedon, at or near the place where such obstruction or
impedi-ment is.
66. (1) Any police officer, or any competent Marineofficer or
Ports officer who reasonably believes that anyperson has committed
an offence under this Act or anyregulations made thereunder may
require such person tofurnish evidence of his identity as may be
required by suchofficer.
(2) Any person who refuses to furnish any informa-tion required
of him by any police officer or any competentMarine officer or
Ports officer under subsection (1) or wil-fully misstates such
information shall be guilty of an offence:Penalty, a fine of
$100.
67. (1) A police officer, or any competent Marine officeror
Ports officer may arrest without warrant any personfound committing
or whom he has reason to believe hascommitted an offence punishable
under this Act or any reg-ulations made thereunder:
Provided that no person so arrested shall be detainedlonger than
is necessary for bringing him before a courtunless the order of
court for his continued detention isobtained.
(2) Any such officer may go either alone or with anyother person
on board any vessel within the waters ofBrunei whenever he suspects
that any such offence has beenor is about to be committed in that
vessel, or whenever heconsiders it necessary for him so to do in
the discharge ofany duty imposed upon him by this Act or any
regulationsmade thereunder or otherwise by law.
Evidence ofidentity maybe requiredin certaincases
Powers ofarrest andboarding
B.L.R.O.1/1984
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(3) Any person who without lawful excuse refuses toallow any
such officer so to enter the vessel be guilty of anoffence:
Penalty, a fine of $2,000.
52 CAP. 144
LAWS OF BRUNEI
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Compensa-tion, dam-ages andcosts to bedeterminedby Court
ofaMagistrate
Cap. 7
Court fortrial andpunishmentof offencesunder thisAct
AttorneyGeneral tosanction pro-secution
Statement tobe made incomplaint orsummons ofoffence
68. (1) Except as otherwise provided in this Act in allcases
where compensation, damages, costs or expenses areby this Act or
any regulations made thereunder directed tobe paid, the amount and,
if necessary, the apportionment ofthe same and any question of
liability shall, in case of dis-pute be summarily ascertained and
determined by a Courtof a Magistrate.
(2) If the amount of compensation, damages, costsor expenses is
not paid by the party liable to pay the samewithin 7 days after
demand, that amount may be reported toa Court of a Magistrate and
recovered in the same way as ifit were a fine imposed by that
court.
(3) An appeal shall lie to the High Court from anydecision of a
Court of a Magistrate under this section, andthe provisions of the
Criminal Procedure Code shall mutatismutandis apply to all such
appeals.
69. Any offence under this Act or any regulations madethereunder
may be tried by a Court of a Magistrate and suchcourt may award the
full penalty for such offence.
70. No proceedings for an offence punishable under thisAct or
any regulations made thereunder shall be instituted,except by or
with sanction of the Attorney General.
71. (1) It shall be sufficient, in any complaint or sum-mons to
be made before or issued by any Court of a Magis-trate against any
firm or company, or against any personcarrying on any trade or
business in co-partnership, or inany conviction to be afterwards
made for any fine imposedor damages incurred by virtue of this Act
or any regulationmade thereunder, to state the offence committed by
the firm
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LAWS OF BRUNEI
Ports CAP. 144 53
and to direct the summons to the firm or company or anymember
thereof.
(2) Service of the summons at the usual place ofbusiness of the
firm shall be taken to be a sufficient servicethereof.
(3) Such conviction may be recovered by the warrantof any Court
of a Magistrate, to be made out and issued inthe name of and
against such firm or company, and to belevied and recovered by
distress and sale of the goods ofsuch firm or company or of any
individual partner thereof.
72. (1) Subject to subsection (2), this Act shall not apply
Applicationto vessels belonging to or for the time being in the
service of of ActHis Majesty or of the Government or to vessels of
war ofany country.
fVtt~~r- (.uj~ ettu qpprevcL( err .-MH) rlN ~Hcln (\lll:4 ~OP
.)~"I ~s(2) His ~4ajesty ift COtlftcil may by regulations
direct
that any provision of this Act or of any regulations
madethereunder shall apply to any such vessels referred to
insubsection (1) as may be specified in the regulations.
(3) Without prejudice to any other powers conferredby or under
this Act, His Majesty may, if he thinks fit, andsubject to such
conditions as he may think fit to impose,exempt any vessel or any
class of vessels from all or any ofthe provisions of this Act or
any regulations or notificationsmade or published thereunder, or
dispense with the observ-ance of any requirement contained in any
such provisions inthe case of any vessel or class of vessels.
B.L.R.O.1I1984
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