WHARFAGE ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Establishment of Tariff Fund

   4   What constitutes a public wharf

   5   Wharf book

   6   Wharfinger may deliver on demand goods represented by warrant

   7   Wharfinger shall not deliver goods unless warrant surrendered to him

   8   Loss of warrant

   9   Wharfinger shall not issue more than one warrant for same goods

   10   Who is entitled to delivery of goods

   11   When warrant deemed to have been surrendered

   12   Duties of wharfinger

   13   Wharfinger to deliver goods

   14   Duty to effect crane and sheds, etc

   15   Wharfinger to make declaration half-yearly

   16   Wharfinger neglecting duty or asking larger rates liable to penalty

   17   Wharfage rates

   18   Storage of goods on wharves in Kingston

   19   Approved warehouses

   20   Storage of goods on wharves outside of Kingston

   21   Disputes as to wharfage, and storage

   22   Powers of Authority under this Act

   23   Publication of rates

   24   Penalty for giving, lending or using goods on wharf without consent of owner

   25   Wharfage of dyewoods, lumber, shingles, etc

   26   Goods remaining on wharf one year may be sold

   27   Penalty for retaining surplus proceeds of sale

   28   Wharfinger to give notice to parties of any loss apprehended to goods

   29   Working hours defined

   30   Books to be preserved for six years

   31   Recovery of penalties

   32   Charges for containers

   33   Wharfage cess

   34   Wharfage tax

   35   Minister responsible for finance may make interim order

   36   Interim order to be confirmed, revoked, etc, by House of Representatives

   37   Excess to be refunded on expiry of order

   38   Power to waive, remit or refund wharfage tax

   39   Refund of overpayment

   40   Wharfage cess and wharfage tax to be placed in the Tariff Fund

   41   Records and returns

      SCHEDULES

 

THE WHARFAGE ACT

[Date of Commencement: 1st July, 1895]

Cap 412.

Law 44 of 1956.

Acts
15 of 1966,
12 of 1967,
28 of 1971,
53 of 1975.

1   Short title

   This Act may be cited as the Wharfage Act.

2   Interpretation

   In this Act-

   "the Authority" means the Authority established by section 4 of the Port Authority Act;

[15/1966 s 2(a).]

   "Harbour of Kingston" means 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 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;

   "wharfage rate" means the rate fixed pursuant to the provisions of Schedule A in relation to goods landed on or delivered at or shipped from a wharf or ships berthed at a wharf and which is exclusive of any payment authorised or charge imposed under section 18;

[15/1966 s 2(b); 12/1967 s 2.]

   "the Tariff" means the wharfage rates regarded as a scheme of rates;

   "the Tariff Fund" means the fund established under section 3;

   "wharfinger" means the person in occupation of any public wharf and carrying on the business of landing, receiving and otherwise dealing with thereat the goods of other people;

   "goods" means any article, goods, wares, merchandise, produce, being or thing, animate or inanimate, that is brought to any wharf by water with a view to its being landed thereat or which is brought to any wharf by land with a view to its being put on board ship;

   "Minister" means the Minister responsible for shipping;

   "wharf warrant'' or "warrant" means a warrant issue under the provisions of this Act.

[44/1956 s 40; 53/1975 s 2.]

3   Establishment of Tariff Fund

   (1) There is hereby established a fund called the Tariff Fund into which shall be placed, from time to time and in the circumstances mentioned in the rules in Schedule A, and in the manner provided in those rules the sums specified in those rules as payable by wharfingers.

[15/1966 s 30.]

   (2) The Tariff Fund shall form part of the revenues of the Authority and accordingly may be used for the purposes prescribed in the Port Authority Act.

4   What constitutes a public wharf

   If any wharfinger or any person in his employment shall receive payment for any goods landed on or delivered at or shipped from such wharf, or for any vessel lying, or delivering, or landing thereat, or on the adjacent beach or riverside, the said person in possession shall be deemed to be carrying on the business of a wharfinger under the Licences on Trades and Business Act and the said wharf shall be declared and held to be a public wharf; and if any goods be landed or shipped at or from any beach or riverside in any harbour or port of this Island, where there is a public wharf (not being the goods of the proprietor or occupier of such beach, or goods which such proprietor or occupier has landed at or shipped from any such beach or riverside under any contract with the owner for the transport of the same by sea), the wharfinger of the nearest public wharf in such harbour or port shall, subject to the provisions in section 12 be entitled to demand and recover from the owner of such goods if known, or if unknown from the proprietor or occupier of such beach or riverside, permitting the use of such beach or riverside for such purpose, payment of the appropriate wharfage payable on such goods under the provisions of this Act.

[15/1966 s 4.]

5   Wharf book

   (1) Every wharfinger shall be obliged to keep or cause to be kept a book, wherein shall be fairly entered the marks and numbers of all goods which shall be landed on or delivered at his wharf, and also if known, the names of the persons by whom, landed or delivered, and the names of the persons to whom the same are to be delivered, and the names of the vessels out of or on which the said goods shall be taken or shipped, and shall also give receipts for all goods that shall be so delivered or landed at or upon his wharf and all Revenue Officers and persons having an interest in any goods landed at or shipped from such wharf shall in respect of the entries of such goods have free access to the same during the working hours of the day at such wharf; and any wharfinger who shall neglect to keep such book, and to make such entries, or to give receipts as aforesaid, or refuse access to such book, if demanded, to any officer or person as aforesaid, shall forfeit, for every offence a sum not exceeding twenty dollars.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.