- Laws of Fiji

Last Updated: 19 July 2019

[SPM 24] Rights of agencies under statutes24

(1) Section 23 does not affect the right of access to and operation in a port or the approaches to a port by an agency or person authorised by any law to undertake any function or to exercise any power in relation to—

(a)the collection of Government revenues;
(b)border control and the movement of people into and out of Fiji;
(c)any matter concerning quarantine and the prevention of the introduction or spread of any disease; and
(d)any other area of government responsibility under law.

(2) Notwithstanding the provision of any other law to the contrary, where an agency referred to in subsection (1) is provided with office space or any other service by a port management company, the agency shall be responsible for paying an agreed rent or fee for service, and where no agreement is reached between the agency and the port management company, the rent or fee shall be fixed by the Minister responsible for public enterprise after consulting with the Minister responsible for finance.

(3) For the purpose of discussing issues relating to the management of the ports and to resolve issues of concern to port users, the Chief Executive Officer shall convene and chair meetings of a committee of port users comprising representatives of—

(a)the Maritime Safety Authority of Fiji;
(b)the Fiji Revenue and Customs Service;
(c)the Department of Immigration;
(d)the Ministry responsible for quarantine;
(e)Fiji Ports Terminal Pte Limited; and
(f)any other port users.

[subs (3) am Act 31 of 2016 s 190, effective 1 December 2016; Act 38 of 2017 s 7, effective 1 August 2017; Act 6 of 2019 s 69 and Sch 2, effective 19 July 2019]

(4) The committee established under subsection (3) shall meet at such times and places as are determined by the Chief Executive Officer, who shall convene a meeting as soon as possible after receiving a request from a committee member to do so.

(5) The business of the committee shall include any issue or matter relevant to the management of the port, including—

(a)the use of port facilities and the utilisation of areas and facilities required by agencies to fulfil their statutory obligations;
(b)the rationalisation of charges and fees imposed under various laws relating to services, inspections and regulatory functions undertaken at ports;
(c)the implementation of international standards applying to any aspect of port operations;
(d)the consideration of port rules, and the need to make any appropriate rule or amendment to a rule; and
(e)any other relevant operational issue relating to the management and operations of a port.