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Chapter Law Content

Title: The Commercial Port Law CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 3 Management and Operation
Article 10
Except for breakwaters, navigation channels, turning basin, navigation aids, public roads, and information, gate sentry, control facilities etc. commercial port public infrastructures of free trade zones, various facilities inside international commercial port areas should be entrusted by the governments towards Commercial Port Administration Authority to construct and maintain. Furthermore, it also has to be constructed and operated by themselves, or operated by public-owned business authorities in the agreed manner, to invest, construct, or rent.
Commercial port facilities can be operated by public-owned authorities in the agreed manner of investment or rental. Its order, rental benchmark, performance management, acceptance, and controversy handlings of selection of undertakers, should be regulated by its competent authority.
Article 11
The construction and maintenance fee of commercial port public infrastructures should be paid by port construction funds.
Article 12
In order to promote international commercial port construction and development, the commercial port authority should obtain commercial port service fees according to the gross tonnage of ship entrance, head counts of on-board travelers, and loaded and unloaded cargo. All these are used for the construction of international commercial ports.
The rates, collecting, safekeeping, and operating method of commercial port service fees mentioned above, should be stipulated by the commercial port authority, which should be reported to competent authorities to check and ratify.
Commercial port service fees should pay for port construction funds.
Commercial port administration authority, commercial port authorities, designated authorities, and public –owned business authorities obtain port business fees and maximum rate from random commercial port facility users. These are stipulated by Commercial port administration authority, commercial port authorities, designated authorities, to report to competent authorities to check and ratify. The same applies if there are any modifications.
Article 13
The wrecks, materials or floating articles within the commercial port area should be retrieved or removed should be agreed by Commercial Port Administration Authority , commercial port authorities, or other relevant authorities . The commercial port authority shall retrieve, remove those wrecks, materials or floating articles within the commercial port area, if the owners fail to retrieve or remove them within a specific period notified or published by the commercial port authority. The same applies when the owners are unknown and unreachable.
If the wrecks, materials or floating articles are located in the entrance of the port, berth or fairway channel so as to block the entering or departing ship’s navigation or docking, the commercial port authority shall retrieve or remove those directly and immediately if necessarily or urgently.
If the commercial port authority retrieve or remove the wrecks, materials or floating articles in accordance with the previous two paragraphs, and the owners fail to pay the costs for the retrieval or removal within a specific period notified by the commercial port authority, or the owners are unknown, the commercial port authority shall announce an auction and sell them. The proceeds shall be deducted by the retrieval and removal costs, and the remaining amount shall be returned to the owners, or be deposited and announced for taking delivery. However, if six months have passed and no one, which is entitled to the deposits, claims the remaining amount, the commercial port authority is entitled to the proceeds.
Article 14
If wastes, hazardous substances, sewage have been dumped into commercial port area through ditches, sewer, or other pipeline facilities, the users or operators shall set up appliance or pollution prevention facilities in the vents, and clean up all the garbage gathered there from.
If the users or administrators fail to set up or clean up in accordance with the previous paragraph, the commercial port authority shall report to the Commercial Port Administration Authority in order to consult with appropriate authorities and order them to take appropriate measures within a specific period of time. If it is cleaned up by the commercial port authority directly, the costs thereof shall be on the users’ or operators’ account.
Article 15
If ships berthed inside the commercial port are determined by the commercial port administration authority, commercial port authority, or designated authorities to impede berth scheduling or port safety, they should move or evacuate their ships to the designated location. If the berth shifting is not carried out as ordered, then competent authorities can shift the ship as regulated.
Commercial port authority limit the numbers of small ships, berthing locations, driving, and operations to maintain the order, divert shipping, and convenient operating inside the port. When necessary, small ships can be driven to other locations to berth.
Ships and floating articles cannot be driven and operated inside the port area without the approval of commercial port authority.
The obtaining of the moving and berthing fees mentioned in the first and second paragraph should be carried out by commercial port authority. All costs are shared by ship owners.
Article 16
For those ships, which have unduly stayed in commercial port area and been attached in accordance with laws, the commercial port authority is entitled to notify the carriers or cargo owners to transship their cargoes or discharge the cargoes into warehouses within a specific period of time. If they fail to follow, the commercial port authority is entitled to discharge and warehouse them directly, and order the carriers or the cargo owners to take delivery of the cargoes after paying all relevant charges. If they fail to take delivery within that period, the port authority are entitled to coordinate customs authorities, put the cargoes to an auction, then notify the carriers or cargo owners to collect the proceeds, or deposit the proceeds in accordance with laws, after deducting all relevant charges.
Article 17
In order to facilitate the import and transportation of bulk cargoes which are essential for public livelihood, or raw materials for industrial needs, the commercial port authority shall give priority to those ships carrying said cargoes for berthing, loading or unloading.
Article 18
The master of a ship shall restrict the number of seafarers going ashore for leave, when his/her ship berths in port. The number of seafarers remained on board shall be sufficient to operate and navigate the ship and be capable of handling emergency events.