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Chapter 4 Port area safety and pollution prevention measures
Section 1 General Rules
Article 18
For individual operators or vehicles entering or leaving the controlled areas of a commercial port, the person in charge of the respective operations or owner of the respective vehicle shall submit the appropriate documents and apply with the commercial port management enterprise, maritime and port authority or its designated institution for the port area permit. The operators and vehicles shall be inspected by port police before being granted access.
Crew members and seafarers may access the controlled areas only after they are approved by the National Immigration Agency and inspected by the port police force.
Article 19
Unless approved by the commercial port management enterprise, maritime and port authority or its designated institution, a public service ship, an operation ship owned by a state-run or private enterprise, a launch, or a tourist ship shall not navigate and operate within the port area. The number of the above ships shall be limited to reflect the actual needs.
If the ship mentioned in the preceding paragraph has been replaced by a new one, the old ship shall be scrapped or moved from the port area.
Article 20
A ship and floating equipment in the port area shall not be engaged in the following activities:
1.Violating laws or regulations to carry persons, cargoes or dangerous substances.
2.Soliciting passengers or cargoes in an improper way, or violating laws or regulations to carry passengers and tour around the port.
3.Exceeding the scope of business, or the navigation area as provided.
4.Berthing alongside another ship not for the purpose of operation in the absence of permission, or berthing or staying in the neighboring area of a merchant ship.
5.Berthing, loading/unloading cargos, or letting passengers and seafarers get on or off the ship at a place other than an appointed area
6.Navigating at night without showing signal lights or signal flags or sounding stereo box or signals at will
7.Arbitrarily entering or departing from the port without permission from the commerical port management enterprise, maritime and port authority or its designated institution
8. Drainage of untreated ballast water.
9. The use of fuel ships with sulfur content that does not comply with the provisions of this Law or does not adopt measures of similar reduction effect during their entry and exit of the port is found without the limits, except for any of the following circumstances:
(1) If qualified fuel cannot be purchased or the port of call has a temporary equipment failure within the schedule, documents should be attached with the declaration of forecast statement made upon entry to the port.
(2) The renovation report or replacement plan shall be approved by the maritime and port authority, and the renovation or replacement shall be completed within the deadline.
(3) Other matters force majeure
10.Being engaged in other behavior affecting the security of the port area announced by the maritime and port authority or its designated institution and reported by the commercial port management enterprise to the maritime port authority for announcement.
Article 21
One, who operates in a port area, shall not be engaged in one of the following acts:
1.Exceeding the scope of operation as permitted.
2.Disturbing public order of the port area.
3.Assigning or borrowing a business permit or pass in the absence of permission.
4.Employing workers who are not permitted by the authorities.
5.Entering the port area to continue operations during business suspension imposed by the authorities.
6.Causing pollution or mess at the port area during its operation.
7.Being engaged in other behaviors affecting the security of the port area announced by the maritime and port authority or its designated institution and reported by the commercial port management enterprise to the maritime port authority for announcement.
Article 22
The following operations in the port area are subjected to permission from the commercial port management enterprise, maritime and port authority or its designated institution:
1.Holding a ship's launch ceremony, testing the ship's engine, or calibrating a ship's navigation equipment.
2.Towing a ship into or out of a dry dock.
3.Conducting welding or smelting work.
4.Demonstrating life saving techniques in water.
5.Holding various maneuvers or ceremonies.
6.Hampering ships' navigation and port operations.
7.Setting off signal bombs, fireworks, or other explosives
8.Being engaged in other behaviors undermining port facilities announced by the maritime and port authority or its designated institution and reported by the commercial port management enterprise to the maritime port authority for announcement.
Article 23
The commercial port management enterprise, maritime and port authority or its designated institution and a wharf and transit shed operator are entitled to refuse an entrusting person's application or to stop loading, unloading or handling the cargoes under one of the following circumstances:
1.Contraband cargoes.
2.Uncompleted procedures for customs permission.
3.Nonconformity between entrusted entries or tonnage of cargoes and reality
4.Safety concern.
5.Unpaid or delinquent required wharf and transit shed charges unless otherwise agreed.
6.Noncompliant labels or identification.
7.Failure of the entrusting person to provide cargo quantity, tonnage, measurement, and other related operational data.
Article 24
The maritime and port authority or its designated institution, if necessary, may give notice to the state-run or private enterprise to provide information on the condition of the wharf and transit shed facilities, deployment of personnel, number and maintenance of equipment and tools, etc., for inspection.
The commercial port management enterprise shall, upon permission from the maritime and port authority, may obtain the business operation information of the public-run or private enterprise mentioned in the preceding paragraph. If the loading/unloading capacity does meet the required standards or is of safety concern, improvements shall be demanded within a given deadline. Failure to make improvements by the deadline which ends up in undermining operations at the commercial port may lead to termination of contract.
Article 25
While conducting ship's loading or unloading operations, or scrapping of a ship or other operations undertaken by other state-run or private enterprises within a port area, the operator shall clean the fuel, waste water, discarded materials, and garbage and shall not discard or dump them in the port area. If the operator fails to do so, the commercial port management enterprise, maritime and port authority or its designated institution shall clean them on the operator's behalf with those cleaning expenses paied by the ship owner or the operator.
Article 26
To maintain the security and sanitation of the port area, the maritime and port authority or its designated institution is entitled to send a representative to board a ship or enter factories, fields or gas stations of adjacent state-own or private enterprises for inspection.
Article 27
Except for designated bathing beaches, swimming is prohibited in commercial port areas.
Article 28
For areas officially announced to be open for public fishing within the commercial port areas, the commercial port management enterprise, maritime and port authority or its designated institution may entrust related well-registered associations to be in charge of people's safety and vehicle management.