CHAPTER 166
TANZANIA HARBOURS AUTHORITY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   This Act to apply notwithstanding the East African Harbours Corporation Act.

PART II
THE TANZANIA HARBOURS AUTHORITY

   4.   Establishment of the Tanzania Harbours Authority.

   5.   Authority to be a body corporate.

   6.   Functions of the Authority.

   7.   Board of Directors.

   8.   Powers of the Board.

   9.   Powers of the Minister.

PART III
PROVISIONS RELATING TO THE PERFORMANCE BY THE AUTHORITY OF ITS FUNCTIONS

   10.   Power under law to survey.

   11.   Power to enter land to prevent accidents.

   12.   Power to enter land and make alterations.

   13.   Power to take water.

   14.   Authority not to be required to provide services at a loss.

PART IV
DECLARATION AND CONTROL OF HARBOURS

   15.   Declaration of harbours.

   16.   Harbour limits and jurisdiction over perimeters of harbour areas.

   17.   Compulsory pilotage harbours.

   18.   Passengers to be embarked only at harbour.

   19.   Master to supply information.

   20.   Harbour rates may be levied.

   21.   Power to arrest ship for harbour charges.

   22.   Refusal of outward clearance.

   23.   Powers of authorised employee in relation to a harbour.

   24.   Power of Health Officer in harbour.

   25.   Authority may retain goods until freight paid.

   26.   Liability for demurrage.

   27.   Master responsible for contravention of Act in respect of ship.

   28.   Act to be available to master.

PART V
RESPONSIBILITY OF THE AUTHORITY AS A WAREHOUSEMAN

   29.   Liability for loss of goods.

   30.   Limitation of liability for loss of goods deposited in cloakroom.

PART VI
OPERATIONS OF THE AUTHORITY

Goods

   31.   Authority may determine conditions for handling and warehousing of goods.

   32.   Description of goods to be delivered.

   33.   Goods may be sold to pay rates.

   34.   Unclaimed goods in possession of the Authority.

   35.   Indemnity where goods claimed by two persons.

   36.   Dangerous or offensive goods.

General

   37.   Authority to prepare Tariff Book, etc.

Accidents

   38.   Accidents to be reported.

   39.   The Minister or the Board may order inquiry.

   40.   Shipping casualties.

PART VII
ADMINISTRATIVE AND FINANCIAL PROVISIONS

   41.   Appointment of Director-General and other employees.

   42.   Remuneration of members of the Board.

   43.   Superannuation benefits.

   44.   Power of Board to delegate.

   45.   Authorised capital.

   46.   Principles of operation and power to invest.

   47.   Power to borrow.

   48.   Annual and supplementary budget.

   49.   Accounts and audit.

   50.   Annual report.

   51.   Audited accounts and annual report to be laid before National Assembly.

PART VIII
PROVISIONS RELATING TO OFFENCES

   52.   Major offences.

   53.   Minor offences.

   54.   False returns.

   55.   Unlawfully transporting dangerous goods.

   56.   Offences by master of vessel.

   57.   Navigating without pilot in compulsory pilotage harbour.

   58.   Employee endangering safety of operation.

   59.   Employee demanding improper amount.

   60.   Arrest of employee.

   61.   Power of arrest, removal and place of trial.

PART IX
LEGAL PROVISIONS

   62.   Protection of members of the Board.

   63.   Compensation.

   64.   Liability for damage caused by fire.

   65.   Burden of proof.

   66.   Notice of claim.

   67.   Limitation.

   68.   Restriction on execution against property of Authority.

   69.   Overcharge and undercharge.

   70.   Medical examination of person claiming compensation.

   71.   Service of notice on the Director-General.

   72.   Service of notice by the Director-General.

PART X
MISCELLANEOUS PROVISIONS

   73.   Regulations.

   74.   Authority may assume Corporation's functions.

   75.   Transitional provisions.

SCHEDULES

CHAPTER 166
THE TANZANIA HARBOURS AUTHORITY ACT

An Act to establish the Tanzania Harbours Authority.

[21st October, 1977]
[G.N. No. 143 of 1991]

Acts Nos.
12 of 1977
17 of 1989

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Tanzania Harbours Authority Act.

2.   Interpretation

   (1) In this Act unless the context requires otherwise–

   "animals" means animate things of every kind except human beings;

   "Authority" means the Tanzania Harbours Authority established by section 4;

   "authorised employee" means an employee authorised by the Director-General to exercise the powers or perform the duties in respect of which the expression is used;

   "beacon" means any light, marker or other structure erected by the Authority for the purposes of navigation;

   "Board" means the Board of Directors of the Authority provided for by section 3;

   "charges" means all sums received or receivable, charged or chargeable for, or in respect of, any ship or harbour or the handling of warehousing of goods by the Authority or for, or in respect of, any other service performed or facilities provided by the Authority;

   "customs law" means any law in force within the United Republic imposing, or relating to the collection of, customs or excise duties or transfer tax;

   "Director-General" means the Director-General of the Authority appointed under section 41;

   "employee" means any person in the service of the Authority;

   "ferry" means any vessel plying within a harbour, or the approaches thereto, for the purpose of the carriage of passengers or goods;

   "goods" includes luggage, animals (whether alive or dead) and all other movable property of any description;

   "harbour office" means any office in a harbour where rates and charges may be paid to the Authority;

   "harbours" means the ports declared to be harbours under section 15;

   "master", in relation to a ship, means any person (other than a pilot) having charge of that ship;

   "Minister" means the Minister responsible for matters relating to harbours;

   "perishable goods" means goods liable to rapid deterioration and, in particular, means fish, fruits, vegetables, potatoes, plants, bread, meat, game, butter, eggs, milk, cheese, birds, poultry, small animals and any other thing which the Director-General may by notice in the Gazette declare to be perishable goods;

   "pilot" means any person not belonging to a ship who has the conduct of the ship;

   "purposes of Authority" means any purposes necessary or desirable for the performance of the services, or the provision of any facilities, which the Authority is authorised to perform or provide under this Act;

   "rates" includes all sums which may, under the provisions of this Act, be levied for, or in respect of, any ship or harbour or the handling or warehousing of goods by the Authority or for, or in respect of, any other service performed or facility provided by the Authority;

   "road" includes any street, thoroughfare, path or lane;

   "ship" includes any vessel, tug, lighter or boat of any kind whether propelled by steam or otherwise or towed;

   "Tariff Book" means the tariff book published by the Authority under this Act;

   "vehicle" means any vehicle other than a ship;

   "warehouse" includes any building, place, wagon, ship or vehicle when used by the Authority for the purpose of warehousing or depositing goods;

   "waterworks" includes boreholes, wells, reservoirs, dams, weirs, tanks, cisterns, conduits, aqueducts, pipes, hydrants, taps, pumps, engines and all other structures, plant and appliances used or constructed for obtaining, storing, purifying, conveying, distributing, measuring, or regulating water.

   (2) In this Act and in all documents issued under this Act, unless the context otherwise requires–

   (a)   "premises occupied by the Authority" means premises vested in or placed at the disposal of the Authority for the purposes of the Authority;

   (b)   "property of the Authority" means property vested in the Authority for the purposes of the Authority;

   (c)   "the possession of the Authority" means the possession by any employee in the course of his duty;

   (d)   "accepted by the Authority" means accepted by an employee or agent of the Authority for handling or warehousing by the Authority in accordance with the provisions of the Act:

         Provided that acceptance shall not be deemed to have been effected until a document of receipt in respect of the goods accepted, signed by an authorised employee or agent of the Authority has been issued;

   (e)   "services or facilities provided by the Authority" means services performed or facilities provided by the Authority in accordance with the provisions of this Act;

   (f)   "operated by the Authority" means operated by the Authority in accordance with the provisions of this Act;

   (g)   "vehicle of the Authority" includes vehicles operated on behalf of the Authority.

3.   This Act to apply notwithstanding the East African Harbours Corporation Act

   Notwithstanding the provisions of the East African Harbours Corporation Act of the Community the Authority shall, as from the commencement of this Act, have the powers, duties, functions and responsibilities vested therein by this Act and in the event of any conflict or duplicity between any provision of the said East African Harbours Corporation Act of the Community and this Act, the provision of this Act shall prevail in relation to all matters arising after the commencement of this Act.

PART II
THE TANZANIA HARBOURS AUTHORITY (ss 4-9)

4.   Establishment of the Tanzania Harbours Authority

   There is hereby established an authority to be known as the Tanzania Harbours Authority.

5.   Authority to be a body corporate

   The Authority shall be a body Corporate and in its corporate name be capable of–

   (a)   suing and being sued;

   (b)   purchasing, holding, alienating, managing and disposing of any property whether movable or immovable, by way of investment or otherwise; and

   (c)   entering into any contract as may be necessary or expedient for the performance of its functions under this Act or any other written law.

6.   Functions of the Authority

   (1) Subject to the provisions of this Act the functions of the Authority shall be–

   (a)   to establish and operate a coordinated system of harbours in accordance with the provisions of this Act;

   (b)   to provide facilities relating to harbours and provide harbour services and services ancillary thereto;

   (c)   to develop, improve, maintain, operate and regulate harbours;

   (d)   with the approval of the Minister, to construct and operate new harbours;

   (e)   to construct, operate and maintain beacons and other navigational aids;

   (f)   to carry on the business of stevedore, wharfinger or lighterman;

   (g)   to act as warehouseman and to store goods, whether or not the goods have been, or are to be, handled as cargo or carried by the Authority;

   (h)   to consign goods on behalf of other persons to any place either within or outside the United Republic;

   (i)   with the approval of the Minister, to act as carriers of goods or passengers by land or sea; and

   (j)   to provide amenities or facilities which the Authority considers necessary or desirable for persons making use of the services of the facilities provided by the Authority.

   (2) In particular, but without prejudice to the generality of subsection (1) and subject to the powers of the President and of the Minister under this Act, the Authority may–

   (a)   subject to subsection (3), construct any wharf, pier, landing stage, road, bridge, building or any other works required for the purposes of the Authority;

   (b)   clean, deepen, improve or alter any harbour or the approaches to any harbour;

   (c)   provide and use, within harbours and elsewhere ships–

      (i)   for the towage, protection or salvage of life or property;

      (ii)   for the carriage of goods and passengers;

   (d)   appoint and license pilots and regulate their activities;

   (e)   control the erection and use of wharves in any harbours or the approaches to any harbour;

   (f)   operate trains and road transport for the purposes of the Authority;

   (g)   carry on any business including land development necessary or desirable to be carried on for the purposes of the Authority and to act as agent for any of the services of the Government in the provision of any agreed functions;

   (h)   acquire, construct, manufacture, maintain or repair waterworks or electric generating plant or any other works, plant or apparatus necessary or desirable for the supply or transmission of water or of electric energy for the purposes of the Authority;

   (i)   determine, impose and levy rates, fares, charges, dues or fees for any service provided by the Authority or for the use by any person of the facilities provided by the Authority or for the grant to any person of a licence, permit or certificate;

   (j)   prohibit, control and regulate–

      (i)   the use by any person of the services or the facilities provided by the Authority; or

      (ii)   the presence of any person, ship, vehicle, or goods within any harbour or on any premises occupied by the Authority for the purposes of the Authority;

   (k)   sell, let or in any other way dispose of any movable or immovable property which the Board considers not necessary for the purposes of the Authority:

         Provided that the Authority shall not sell, let or dispose of any building or land placed at its disposal by the Government except with the consent of, and under conditions imposed by the Government;

   (l)   provide houses and other accommodation for employees of the Authority;

   (m)   act as agent for any person engaged, whether within or outside the United Republic in the provision of services or facilities of a kind similar or complementary to those provided by the Authority;

   (n)   enter into agreements with any person–

      (i)   for the supply, construction, manufacture, maintenance or repair by that person of any movable or immovable property necessary or desirable for the purposes of the Authority;

      (ii)   for the provision by that person of any of the services or the facilities which may be provided by the Authority;

      (iii)   for the payment, collection or apportionment of any fares, rates, charges or other receipts arising out of the provision by that person of any services or facilities, and for that purpose the Authority may finance or assist in financing the activities of that person, whether by way of loan, the holding of stocks, shares or securities, the guaranteeing of interest or the retention of any stocks, shares or securities or in any other way;

   (o)   enter into agreement with any person carrying on business as a carrier or passengers or goods, whether within or outside the United Republic, providing for the carriage of passengers or goods by or on behalf of the Authority or by or on behalf of the Authority and that person, under one contract or at a through fare or rate;

   (p)   hold shares in any other corporation, and may establish or acquire any subsidiary corporation or company; and

   (q)   enter into any arrangement with any body responsible for rail transport services in the United Republic which the Board consider necessary to promote or secure the provision, or improved provision, of any service or facilities which they may separately provide and, without prejudice to this general power to make such arrangements, any such arrangement or agreement may include provisions relating to–

      (i)   the use by either party of the facilities or equipment maintained by the other;

      (ii)   the temporary employment of staff of one party by the other on secondment or any other arrangement;

      (iii)   the charges made in respect of the use of any service or facility to which the arrangement or agreement relates;

      (iv)   the financing of any project by either or both parties;

      (v)   research connected with any existing service or facility provided by either party or in relation to any service or facility under consideration; and

      (vi)   the participation in the arrangement or agreement by any other person.

   (3) No harbour shall be constructed by the Authority unless prior to the construction a report of the proposed undertaking, and the advantages and disadvantages of any alternative undertaking, has been made by the Board to the Minister, and the President has signified his approval of the undertaking.

   (4) Subject to section 3, nothing in subsections (1) and (2) shall be construed as authorising the disregard by the Authority of any law.

   (5) In the exercise of the powers conferred on the Authority under this section to construct or improve any harbour, the Authority may construct or execute any works necessary on land vested in the Authority or on land placed at its disposal by the Government for the purposes of the Authority, or in the case of land not so vested in or placed at the disposal of the Authority, only with the agreement of the owner of the land on which the works are to be constructed or executed and where any land is required by the Authority for the purposes of the Authority, the Authority shall make representations to the President and the President may proceed to acquire the land in accordance with the provisions of any written law relating to the acquisition of land for public purposes.

7.   Board of Directors

   (1) There shall be a Board of Directors of the Authority which shall, subject to this Act, carry out the functions and manage the business and affairs of the Authority.

   (2) The provisions of the First Schedule to this Act shall have effect as to the constitution and proceedings of the Board and in respect of other matters relating to the Board.

   (3) The Minister may, by order published in the Gazette, vary or replace all or any of the provisions of the First Schedule.

8.   Powers of the Board

   Subject to any directions which may be given to it by the Minister, the Board may–

   (a)   approve any minor alteration in the tariffs, rates, fares and other charges;

   (b)   approve any individual capital work, for the purposes of the Authority, not included within a programme of works approved by the Minister of which the estimated cost does not exceed such amount as the Minister may determine;

   (c)   establish, from among its members, committees for the purposes of the Authority and delegate functions to any of those committees;

   (d)   consider legislative proposals relating to harbours and recommend their enactment to the Minister;

   (e)   subject to section 14, provide harbour services or facilities requested by the government of any neighbouring or friendly country; and

   (f)   give directions to the Director-General.

9.   Powers of the Minister

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