Commonwealth of Australia
Christmas Island Act 1958
Utilities and Services Ordinance 1996
MARINE TRAFFIC AND HARBOUR FACILITIES DETERMINATION
NO 1 OF 2003
I, WILLIAM LEONARD TAYLOR, Administrator of Christmas Island, make this Determination under section 4 of the Utilities and Services Ordinance 1996.
Dated 30th April 2003
WILLIAM LEONARD TAYLOR
Administrator
- Citation
This Determination may be cited as the Marine Traffic and Harbour Facilities Determination No 1 of 2003[1].
2. Commencement
This Determination commences on 1 May 2003.
3. Interpretation
In the Schedule
GRT means gross registered tonnes;
TEU means twenty foot equivalent unit;
wharf area mean the wharves appointed under section 15 of the Customs Act 1901 (CI) by Appointment Notice dated 20 August 2002 and published in the Commonwealth of Australia Gazette on 11 September 2002 up to the limits of those wharves as fixed in that Appointment Notice.
4. Port charges
The charges for services provided at the Port of Christmas Island are set out in the Schedule and are payable within 30 days of the date of invoice.
5. Inward Cargo
5.1 Subject to this Determination, inward cargo must be removed from the wharf area within ten days following the day of departure of the vessel from which the cargo is discharged.
5.2 Where goods have not been removed from the wharf area within the time prescribed in subsection 5.1 the storage charges set out in the Schedule are payable.
6. Outward cargo
6.1 Subject to this Determination, outward cargo must be delivered to the wharf area no earlier than ten days prior to the day of arrival of the vessel onto which the cargo is loaded.
6.2 Where goods are delivered to the wharf area earlier than the time prescribed in subsection 6.1 the storage charges set out in the Schedule are payable.
6.3 If storage charges, which apply in accordance with subsection 6.2, are caused by delay of arrival, berthing and loading of a vessel
(a) due to weather conditions – the charges will be waived; or
(b) due to other unforseen circumstances – the charges may be waived at the sole discretion of the Harbour Master.
7. Revocation
The Marine Traffic and Harbour Facilities Determination No 1 of 2002 and the Marine Traffic and Harbour Facilities (Cargo Storage) Determination No 2 of 2002 are revoked.
SCHEDULE
Item | Description | Amount |
1. | Mooring/Unmooring per service | $875.00 |
2. | Port Dues per GRT | $0.50 |
3. | Berth Hire per hour | $50.00 |
4. (a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j) | Wharfage Bulk Phosphate per tonne Bagged Phosphate per tonne Other Products in Bulker Bags per tonne Fuel per kilolitre Containers (full) per TEU Containers (empty) per TEU Bolsters, Flat Racks per unit Vehicles per vehicle Other General Cargo per tonne Bunkers per kilolitre | Nil $2.50 $2.50 $10.00 $70.00 $10.00 $15.00 $25.00 $4.00 $5.00 |
5. | Private Vessels* Use of the yacht moorings Daily Weekly *Private vessels in excess of 150 GRT will require pilotage. | $10.00 $50.00 |
6. (a) (b)
(c)
(d) | Storage Charges Motor vehicles – per day Containers – per TEU per day General cargo per tonne or square metre, whichever is the greater Minimum charge per day Cargo placed on flat racks or bolsters – per TEU per day Note: cargo extending outside the area of the flat rack or bolster will be charged at the general cargo rate | $10.00 $7.50 $0.85 $7.50 $7.50 |
[1] This Determination is to be read in conjunction with the Jetties Act Regulations 1940 (WA)(CI).
Overview
The Marine Traffic and Harbour Facilities Determination No 1 of 2003 was made by the Administrator of Christmas Island under section 4 of the Utilities and Services Ordinance 1996. This Determination addresses the need for a regulatory framework governing marine traffic and harbour facilities at the Port of Christmas Island, ensuring efficient and orderly operations. It sets out the charges for services provided at the port, including mooring, port dues, berth hire, and wharfage, and outlines procedures for the handling of inward and outward cargo. The policy objective is to establish clear guidelines for the use of port facilities and to regulate the storage and handling of cargo to maintain operational efficiency and safety at the port. The Determination revokes previous related regulations, consolidating port management under a single, updated framework.
Scope and Application
The Marine Traffic and Harbour Facilities Determination No 1 of 2003 applies to all marine traffic and cargo handling activities at the Port of Christmas Island, encompassing entities such as shipping companies, cargo owners, and operators of vessels. This Determination is made under the authority of the Administrator of Christmas Island pursuant to the Utilities and Services Ordinance 1996 and sets forth the charges for services provided at the port, as well as regulations for the storage and handling of inward and outward cargo. The charges and regulations are applicable to all vessels and cargo handled at the port, irrespective of origin or destination. The Determination also revokes previous regulations concerning marine traffic and cargo storage. The geographic reach of this Determination is confined to the jurisdictional boundaries of Christmas Island. Any exclusions or exemptions are not explicitly stated within the text, and it is likely that further details can be obtained from the relevant authorities or subordinate instruments that may extend or clarify the application of this Determination.
Key Provisions
The Marine Traffic and Harbour Facilities Determination No 1 of 2003 outlines the key provisions governing the operations at the Port of Christmas Island. It commences on 1 May 2003 (section 2) and sets forth specific definitions and charges related to marine traffic and harbour facilities (sections 3 and 4). The charges for services provided at the port, such as mooring, port dues, and wharfage, are detailed in the Schedule, with payment due within 30 days of the invoice date (section 4).
The Determination imposes obligations on parties handling inward and outward cargo. For instance, inward cargo must be removed from the wharf area within ten days of the vessel's departure (section 5.1), and failure to do so results in storage charges (section 5.2). Similarly, outward cargo must be delivered to the wharf area no earlier than ten days before the vessel's arrival, with storage charges applying for earlier delivery unless waived under specific conditions (sections 6.1-6.3). These requirements aim to ensure efficient port operations and timely cargo handling.
Breach of the provisions outlined in this Determination can lead to various consequences. The most notable is the imposition of storage charges for non-compliance with cargo handling timelines (sections 5.2 and 6.2). Additionally, the Determination revokes the previous Marine Traffic and Harbour Facilities Determination No 1 of 2002 and the Marine Traffic and Harbour Facilities (Cargo Storage) Determination No 2 of 2002 (section 7). There are no explicit criminal or civil penalties mentioned in the text, but the financial repercussions of storage charges serve as a deterrent against non-compliance.