HARBOURS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Power to constitute and declare the extent of, alter and abolish harbours

   4   Harbour of Kingston its extent

   5   Appointment, and removal of Harbour Master

   6   Disqualifications for Harbour Master

   7   Rules

   8   Duty of Harbour Master as to buoys, etc

   9   Penalty on obstructions to buoys

   10   Penalty on injury, removal, etc of any buoy, etc

   11   Expense of reinstating buoy, etc

   12   Duty of Harbour Master to reinstate buoy, etc Expense thereof, how recoverable

   13   Inquiry as to mud ballast

   14   Mud ballast not to be taken on board

   15   Removal of wreck, hulk, etc from harbour

   16   Survey of any vessel, wreck, hulk, etc mentioned in section 15

   17   Recovery against owners of expenses of removal of vessel, wreck, etc

   18   Penalty for wilfully sinking vessel in harbour

   19   Penalties for throwing mud, oil, etc into harbour

   20   Penalty for injuring harbour protections

   21   Stones not to be taken from certain reefs, shoals, etc near Port Royal

   22   No stones, etc to be carried away from certain cays near Port Royal

   23   Liabilities of Harbour Master as to mooring vessels

   24   Power of Harbour Master as to mooring vessels

   25   Offences in any harbour

   26   Offences in the Harbour of Kingston

   27   Disputes referred to Marine Board

   28   Offences how punishable

   29   Appointments and rules to appear in the Gazette

   30   Proceedings for penalties and enforcement thereof

   31   Damages awarded at the time of adjudging penalties

      Enforcing payment thereof

      How far a bar

   32   Action in Supreme or Resident Magistrate's Court for damages and expenses

 

THE HARBOURS ACT

[Date of Commencement: 1st January, 1874]

Cap 145.

Acts
1 of 1963,
42 of 1969.

1   Short title

   This Act may be cited as the Harbours Act.

2   Interpretation

   In this Act-

   "boat" means any canoe or craft undecked however propelled;

   "captain" includes the master or person for the time being in charge of any vessel;

   "Harbour Master" means the Harbour Master of the harbour in or nearest to which the duty or work is or has to be performed or in or nearest to which the act or omission shall have occurred, or the deputy of such Harbour Master as the case may be;

   "mud" includes tidal mud and all other mud of any description, and all mixtures of earth or sand with mud;

   "owner" means at the selection of the Marine Board the person who was owner at the time the vessel, wreck, hulk or floating timber became an obstruction in any harbour, or the person who has subsequently become owner by purchase or otherwise;

   "reinstate" means with respect to any buoy, stake, or mark, the complete restoring of the buoy, stake, or mark to its previous position, condition, state of repair and efficiency, with all its peculiarities as a guide or mark for vessels, and in all cases in which it may in the opinion of the Harbour Master be necessary, the substitution of an entirely new buoy, stake, or mark in the same position, and in good and efficient condition, and of good materials, to the satisfaction of the Harbour Master;

   "vessel" means any decked vessel or craft, whatever may be its rig or tonnage, and whether propelled by sail, steam or otherwise.

3   Power to constitute and declare the extent of, alter and abolish harbours

   The Minister may from time to time constitute any port, roadstead, bay, creek, or inlet, or any waters or places, to be a harbour of this Island, and may define and declare the extent and boundaries of any harbour now existing, or hereafter to be constituted, and may alter the extent or boundaries of any harbour and may abolish any harbour and declare the same to be no longer a harbour of this Island, and may reconstitute any harbour, and all legal harbours existing, on the coming into operation of this Act, shall continue to be harbours within the meaning of this Act, until so abolished or altered.

4   Harbour of Kingston its extent

   Until and except as altered under this Act, the Harbour of Kingston shall include all the body of water between the shores in the parishes of Kingston, St. Andrew, Saint Catherine, to the northward of the Palisadoes, from Harbour Head to Port Royal, and of a straight line from the westernmost point of the land at Fort Charles, in Port Royal, to the southernmost point of the Twelve Apostles Battery.

5   Appointment, and removal, Harbour Master

   Subject to the provisions of sections 3, 4 and 5 of the Marine Board Act, it shall be lawful for the Governor-General from time to time to appoint a fit and proper person as Harbour Master to any harbour of this Island, and to remove any Harbour Master, and the same person may be appointed Harbour Master of more than one harbour.

6   Disqualifitions for Harbour Master

   No person shall be appointed Harbour Master for any harbour in which he acts as agent or consignee for vessels, or on the shores of which is a wharf in which he has any interest as absolute or partial owner, tenant, or wharfinger; and every Harbour Master who shall become such agent or consignee, or shall become so interested in any such wharf, shall be deemed to have resigned his appointment as such Harbour Master, and the Governor-General shall in such case appoint some other person to fill the vacancy in such office.

7   Rules

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   (1) The Marine Board may make rules for the regulation and control of any harbour in the Island and of the channels and approaches leading thereto and of persons, boats and vessels using any such harbour or approaches, and for all purposes connected with any such matters.

   (2) In particular, and without prejudice to the generality of the foregoing power, such rules may

   (a)   regulate the movement of boats and vessels in any harbour, or in the channels or approaches thereto, and the conduct of the Masters of, and of all persons on board, any such boats or vessels;

   (b)   prescribe the construction of, and accommodation on, any boats or vessels to be licensed for use in such harbours, channels or approaches for carrying passengers, and the safety devices to be provided and the safety measures to be employed on such boats and vessels;

   (c)   provide for the granting and refusing by the Marine Board of licences for boats and vessels to be used for carrying passengers or goods in such harbours, channels and approaches, and for persons owning or operating such boats or vessels, and for the conditions to be attached to the grant of such licences;

   (d)   provide for the granting and refusing by the Marine Board of certificates of competency to all persons engaged in the navigation or handling of any boats or vessels to be used for carrying passengers or goods in such harbours, channels or approaches;

   (e)   provide for the inspection and examination of any boats or vessels to be used for carrying passengers or goods in such harbours, channels or approaches;

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