Tanzania
Tanzania Harbours Authority Act
Chapter 166
- Published in Tanzania Government Gazette
- Commenced on 21 October 1977
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Tanzania Harbours Authority Act.2. Interpretation
3. This Act to apply notwithstanding the East African Harbours Corporation Act
Notwithstanding the provisions of the East African Harbours Corporation Act of the Community the Authority shall, as from the commencement of this Act, have the powers, duties, functions and responsibilities vested therein by this Act and in the event of any conflict or duplicity between any provision of the said East African Harbours Corporation Act of the Community and this Act, the provision of this Act shall prevail in relation to all matters arising after the commencement of this Act.Part II – The Tanzania Harbours Authority (ss. 4-9)
4. Establishment of the Tanzania Harbours Authority
There is hereby established an authority to be known as the Tanzania Harbours Authority.5. Authority to be a body corporate
The Authority shall be a body Corporate and in its corporate name be capable of—6. Functions of the Authority
7. Board of Directors
8. Powers of the Board
Subject to any directions which may be given to it by the Minister, the Board may—9. Powers of the Minister
The Minister shall be responsible for the general direction and control of the Authority and may, for that purpose—Part III – Provisions relating to the performance by the Authority of its functions (ss. 10-14)
10. Power under law to survey
11. Power to enter land to prevent accidents
12. Power to enter land and make alterations
13. Power to take water
The Authority may, for the purposes of the Authority, take any water from any natural watercourse within the United Republic subject to any written law regulating the taking of any such water or, if there is not such written law, subject to the approval of the President.14. Authority not to be required to provide services at a loss
The Authority shall not provide to any person or authority, harbour facilities or services ancillary thereto, either gratuitously or at a rate or charge which is insufficient to meet the cost involved in the provision of the facilities or services by the Authority unless the person or authority concerned undertakes to make good the amounts of the loss incurred by reason of the provision of those facilities or services.Part IV – Declaration and control of harbours (ss. 15-28)
15. Declaration of harbours
16. Harbour limits and jurisdiction over perimeters of harbour areas
17. Compulsory pilotage harbours
18. Passengers to be embarked only at harbour
No ship shall without lawful excuse, embark or disembark any passenger or goods at any place other than a harbour:Provided that—19. Master to supply information
The master of any ship arriving in a harbour shall, if required, produce to an authorised employee—20. Harbour rates may be levied
21. Power to arrest ship for harbour charges
22. Refusal of outward clearance
The proper officer of customs of any harbour may refuse to give the master of any ship in such harbour outward clearance until—23. Powers of authorised employee in relation to a harbour
24. Power of Health Officer in harbour
25. Authority may retain goods until freight paid
26. Liability for demurrage
The Authority shall not be liable by any demurrage which may occur or be due on any ship however such demurrage may have been caused.27. Master responsible for contravention of Act in respect of ship
The master of a ship shall be responsible for the compliance in respect of such ship with the provisions of this Act and, in the event of a contravention thereof, may be proceeded against and held responsible for such contravention.28. Act to be available to master
The Authority shall, in every harbour, maintain for the inspection of the master of any ship arriving at such harbour a copy of this Act and any harbour regulations made thereunder and of any law relating to quarantine.Part V – Responsibility of the Authority as a warehouseman (ss. 29-30)
29. Liability for loss of goods
Subject to this Act, or of any contract the Authority shall not be liable for the loss, misdelivery or detention of, or damage to, goods delivered to, or in the custody of the Authority except where such loss, misdelivery, detention or damage is caused by want of reasonable foresight and care of the part of the Authority or any employee:Provided that—30. Limitation of liability for loss of goods deposited in cloakroom
Part VI – Operations of the Authority (ss. 31-40)
Goods (ss. 31-36)
31. Authority may determine conditions for handling and warehousing of goods
32. Description of goods to be delivered
33. Goods may be sold to pay rates
34. Unclaimed goods in possession of the Authority
35. Indemnity where goods claimed by two persons
Where—36. Dangerous or offensive goods
General (s. 37)
37. Authority to prepare Tariff Book, etc.
Accidents (ss. 38-40)
38. Accidents to be reported
Where any accident occurs in any harbour, then if that accident—39. The Minister or the Board may order inquiry
40. Shipping casualties
Sections 38 and 39 shall not apply where in respect of any shipping casualty under any law relating to merchant shipping, a formal investigation is to be held.Part VII – Administrative and financial provisions (ss. 41-51)
41. Appointment of Director-General and other employees
42. Remuneration of members of the Board
43. Superannuation benefits
The Board may, with the approval of the Minister—44. Power of Board to delegate
45. Authorised capital
The authorised capital of the Authority shall be such sum as the Minister may declare after consultation with the Minister for the time being responsible for finance.46. Principles of operation and power to invest
47. Power to borrow
48. Annual and supplementary budget
49. Accounts and audit
50. Annual report
51. Audited accounts and annual report to be laid before National Assembly
The Minister shall, as soon as practicable after receiving them lay before the National Assembly the audited accounts together with the annual report of the Authority.Part VIII – Provisions relating to offences (ss. 52-61)
52. Major offences
Any person who unlawfully—53. Minor offences
Any person who—54. False returns
Any person who makes, either knowingly or recklessly, any statement which is false in any material particular in any return, claim or other document which is required or authorised to be made for the purposes of the Authority under this Act commits an offence against this Act and on conviction is liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding twelve months or to both.55. Unlawfully transporting dangerous goods
56. Offences by master of vessel
Any master of a ship who contravenes any of the provisions of sections 18, 19 or of subsection (1) of section 24 of this Act, or produces any document or gives any information which is false in any material particular, commits an offence against this Act, and on conviction is liable to a fine not exceeding five thousand shillings or in default of payment thereof to imprisonment for a term not exceeding twelve months.57. Navigating without pilot in compulsory pilotage harbour
If, after a pilot has offered his services, any ship is navigated in circumstances in which pilotage is compulsory and such ship is not under the pilotage of a pilot, the master thereof commits an offence against this Act and on conviction is liable to a fine not exceeding five thousand shillings or in default of payment thereof to imprisonment for a term not exceeding twelve months.58. Employee endangering safety of operation
Any employee of the Authority who, while on duty, endangers the safety of any person—59. Employee demanding improper amount
Any employee of the Authority who, with intent to defraud, demands, solicits or receives from any person delivering goods to the Authority for handling or warehousing or from any person making use of the facilities provided by the Authority, any greater or lesser amount than he should demand or receive, or any other thing or value, commits an offence against this Act and on conviction is liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding two years or to both.60. Arrest of employee
61. Power of arrest, removal and place of trial
Part IX – Legal provisions (ss. 62-72)
62. Protection of members of the Board
Without prejudice to the provisions of this Act relating to offence or of section 284A of the Penal Code3 or of Public Officers (Recovery of Debts) Act4, no act or thing done or omitted to be done by any member of the Board or by any employee of the Authority shall, if done or omitted bona fide in the execution or purported execution of his duties as a member of the Board or an employee of the Authority, subject him to any action, liability or demand of any kind.63. Compensation
64. Liability for damage caused by fire
65. Burden of proof
In any proceedings against the Authority for compensation under the provisions of section 29 of this Act it shall not be necessary for the person claiming compensation to prove how such loss, misdelivery, detention, damage, delay or deviation was caused.66. Notice of claim
67. Limitation
Where any action or other legal proceeding is commenced against the Authority for any act done in pursuance or execution, or intended execution, of this Act or of any public duty or authority, or in respect of any alleged neglect or default in the execution of this Act or of any such duty or authority, the following provisions shall have effect—68. Restriction on execution against property of Authority
Notwithstanding anything to the contrary in any law—69. Overcharge and undercharge
70. Medical examination of person claiming compensation
Whenever any person claims compensation against the Authority in respect of any injury alleged to be suffered by him as a result of operations of the Authority, any court or person having by law, or consent of the parties, authority to determine the claim may order that the person injured be examined by a medical practitioner named in the order and may also make such order with respect to the costs of the examination as may be thought fit.71. Service of notice on the Director-General
72. Service of notice by the Director-General
Any notice or other document required or authorised under this Act to be served on any person by the Authority or the Director-General or any employee may be served—Part X – Miscellaneous provisions (ss. 73-75)
73. Regulations
74. Authority may assume Corporation's functions
Until such time as the Corporation ceases to exist or the President, by order published in the Gazette, declares that the East African Harbours Corporation Act of the Community shall cease to extend and apply to the United Republic, it shall be lawful for the Authority to assume from the Corporation or any other person or authority in whom the functions of the Corporation have been lawfully vested, the management of the affairs, properties and operations of the Corporation as at the assumption by the Authority of such management, and the Authority shall manage such affairs, properties and operations of the Corporation subject to such directions as the Minister may give in that behalf, and the provisions of this Act shall apply as if such affairs, properties and operations were the affairs, properties and operations of the Authority.75. Transitional provisions
The President may, by order in the Gazette, make such provisions as he may consider necessary or desirable for the maintenance of continuity between the operations of the East African Harbours Corporation and those of the Authority and for the effective assumption by the Authority of the responsibility for the operations, projects and activities of the Corporation, and upon the occurrence of either of the events referred to in section 74 the President may, by order in the Gazette, provide for any of the matters which he may provide for under section 9 of the Public Corporations Act5, as if the Corporation were a statutory corporation and the Authority were a public corporation as defined in that Act.History of this document
31 July 2002 this version
Consolidation
21 October 1977
Commenced
Cited documents 2
Legislation 2
1. | Public Corporations Act | 52 citations |
2. | Tanzania Audit Corporation Act | 31 citations |
Documents citing this one 5
Judgment 3
Legislation 2
1. | Surface and Marine Transport Regulatory Authority Act | 2 citations |
2. | Shipping Agency Act | 1 citation |