Port of Ngqura Establishment Act

1. In this Act, unless the context indicates otherwise— (i) (ii) (iii) ‘. Company’. means Transnet Limited, being the company referred to in j section 2 of the Legal Succession to the South African Transport Services Act. 1989 (Act No. 9 of 1989): .’Minister’. means the Minister for Public Enterprises: “port’. means the port referred to in section 2. Establishment of port of Ngqura 10 2. ( 1 ) The area described in the Schedule is hereby established as a port to be known as the Port of Ngqura and is hereby declared as an area within which a port may be constructed for the regulation of international and national shipping and matters related thereto. (2) The construction. equipment. control. management. possession and maintenance 15 of the port shall be undertaken by the Company as from a date to be determined by the President by proclamation in the Gazetre. (3) In exercising its powers in terms of subsection [2) the company must pay due regard to the social and economic welfare of the people ]i\,ing in the area and protect the environment of the area by— (a) promoting the generation of employment opportunities: (b) promoting the establishment and success of small. medium and micro enterprises: and (c) complying with all laws and directives regarding the protection of the environment. ~o 15 (4) The Company shall have the power to construct. equip. control. manage, possess and maintain approach, entrance and navi&ational channels and turning basins with accompanying buoying. wharves. docks. basins, jetties, piers. signal stations. naviga- tional aids, breakwaters, yards. railway Iines, sidings, roads and sert’ices. storage areas, buildings. and other facilities or appurtenances or additional works necessa~ for or 30 incidental to the proper working of the port. (S) (a) That pofl]on of the mea described in the Schedule as “sea area’. shall. on the date of the proclamation referred to in subsection (2). vest in the Company. (b J On the written request of the Minister the relevant Registrar of Deeds must make the necessa~ entries or endorsements in the records of the deeds registry in question to 35 record the transfer of the property as a result of such vesting and no office fee. transfer duty. tax or other charge is payable in respect of that transfer. 4 No. 19401 Act NI). 77, 1998 GOVERNMENT GAZEmE. 28 OCTOBER 1998 PORT OF NGQURA ESTABLISHMENT ACT. 1998 Costs of establishment of port

3. The costs of construction, equipping, control. operation. management. possession, and maintenance of the port shall be financed by the Company. Powers of Company 4. ( 1 ) In addition to its powers in terms of any other law the Company shall. for the 5 purposes of this Act. have the power— (c/) to construct. equip. control, manage. operate. possess and maintain the port; (1?) to purchase. hire or otherwise acquire or to sell. let or otherwise dispose of or to construct or cause to be constructed and to manage, work and maintain the facilities required for cargo handling, including stora&e sheds and silos, storage areas. railyards, roads and services. pipelines. conveyors, ship loaders and dischargers. craes, and any other mobile and other equipment for handling, transfer, storage and conveyance of all cargo, including but not limited to solids, liquids or gases. together with all works and appurtenances incidental thereto. and to determine, and from time to time to alter, the conditions applicable to the use of the aforementioned: (c) to provide, maintain and control navigational aids: (d) to provide and maintain, for the purposes of the pofl, radio. telegraphic, telephonic or other forms of communication: (c’) to provide and mtiintain such safety equipment and such other works and appliances as may be required for the needs of the port: (f) to provide tugs, pilot boats and other facilities and ser~ices for the navigation and berthing of vessels in the port. and to that end, to employ pilots. tug masters. crev and such other staff as is necessary; (g) to control. manage and operate the port. docks or other similar works including control of the persons working or otherwise engaged on or at the po~. the goods and persons arriving at or departing from the pofl and. if necessary. to limit the right to land. warehouse. deliver or ship any goods within the port: (1~~ to stevedore. land or ship goods Within the port. and to warehouse. deli\ er and collect any such goods. and to land or ship persons. either by itself or through its duly constituted agents: (;) to fix. and from time to time alter. all fees. charges. dues and rates for the use of the facilities at the port: and (j) generally to execute and do all such acts, deeds and things as may be necessar! for the construction. equipping. operation, control. management. possession and maintenance of the port. (2) The powers conferred upon the Company by or under this Act may be exercised either b! the Compan\ or b! a subsidiary company formed or to be formed for that purpose and such sub~idiary company may exercise on behalf of the Companj any power conferred on the Company by or under this Act. (3) The Compan> may. with the concurrence of the hfinister and on conditions which the Minister must determine. assign any part of the port to a subsidiar! company and thereupon such subsidiary company shall exercise. in respect of such part of the port. the powers which the Company could have exercised in respect of that part before such assignment. Administration of port

5. The Company may administer the port either as a separate administrative entity or jointly with or as part of, any other port the control find management of which is vested in the Company. 10 15 20 25 30 3j 40 4j jo 6 No. 19401 GOVEWMENT GAZE~, 28 OCTOBER 1998 Act No. 77,1998 PORT OF NGQURA ESTABLISHME~ ACT. 1998 Application of Schedule 1 to Act 9 of 1989

6. The provisions of Schedule 1 to the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989), shall apply in relation to the construction, equipping, operation, control, management, possession and maintenance of the port. Regulations

7. The Minister may make regulations regarding any matter which is necess~ or desirable for facilitating the construction, equipping, operation, control, management, possession and maintenance of the port. Short Title

8. This is the Port of Ngqura Establishment Act, 1998. 5 10 I I 8 No. 19401 GOVERNMENT GWE~, 28 OCTOBER 1998 Act No. 77, 1998 PORT OF NGQURA ESTABLISHME~ An, 1998 Sea area SCHEDULE The area bounded by a line commencing at the extreme point on the east bank of the Swartkops River thence due east (true) for a distance of 1609 metres to a point in the Indian Ocean; thence from that point to a second point in the Indian Ocean 1609 metres due east (true) from Cape Recife; thence from that point to a third point in the Indian Ocean 1609 metres south east (true) from the extreme point on the east bank of the Sunday’s River; thence from that point 1609 metres due north west to the extreme point on the east bank of the Sunday’s River; thence along the high water mark between the extreme point of the east bank of the Sunday’s River and the extreme point of the east bank of the Swartkops River, excludin& the Islands of Jahleel, St. Croix and Brenton, and the 500 metre marine reserve surrounding each island. Land area The land area bounded to the north west by the N2 National Road; to the north east by the boundary between Hougham Park and Sonop Farms; to the south west by the line joining a point on the N2 National Road and the high watermark, which will become the boundary between St. George’s Strand and the Ngqura DZ; to the south east by the high water mark between these boundaries.