Section 2: Interpretation

2. Interpretation (1) In this Act— “Authority” means the Mauritius Ports Authority established under section 3; “Board” means the Board referred to in section 6; “Chairperson” means the Chairperson of the Board; “Director-General” means the person appointed as such under section 8; “Director of Shipping” means the Director of Shipping appointed under the Merchant Shipping Act; “employee” means an employee of the Authority; “goods” means all articles and merchandise of every description and includes fish, livestock and animals; “idle ship” means a ship which has been lying in port premises without cargo being loaded or unloaded or repairs being conducted, or has been abandoned, or for the sailing or operation of which there are no plans nor prospects, or which has no crew assigned to it for its manning, or has [Issue 1] P14 – 2 Revised Laws of Mauritius been declared to be unfit for sailing unless major repairs are conducted on it by an inspector pursuant to the Merchant Shipping Act, Part V or any other applicable enactment; “land” includes land covered by water; “landlord port” means a port authority which acts as developer of port facilities, regulator and controller of port activities of private and public port operators and of land use, and provider of marine services; “licence” means a licence issued under this Act or any subsidiary enactment made under it; “licensed operator” means a person or body of persons licensed under section 24; “licensed pilot”, in relation to any area, means a person licensed under section 35 for that area and, in relation to any vessel, a person so licensed in respect of vessels of that description; “master”, in relation to a vessel, means a person, other than a pilot, having the command, charge or management of the vessel; “Mauritius Revenue Authority” means the Mauritius Revenue Authority established under the Mauritius Revenue Authority Act; “member” means a member of the Board and includes the Chairperson; “Minister” means the Minister to whom responsibility for ports is assigned; “officer” means an employee of the Authority specially designated by the Authority to act as such; “owner”, in relation to goods, includes a consignor, consignee, shipper or agent for the sale, receipt, custody, loading or unloading and clearance of those goods and includes any other person in charge of the goods or his agent and, in relation to a vessel, includes a part-owner, broker, charterer, agent or mortgagee in possession of the vessel or other person entitled for the time being to possession of the vessel; “pilot”, in relation to a vessel, means a person not belonging to the vessel, who has the conduct thereof; “port” means a port specified in the Schedule; “Port Master”, in relation to a port, means the officer appointed as such under section 13; “port master plan” means a plan prepared under section 5; “port premises” means any land, landing place, building, shed, quay, wharf, water or place vested in the Authority or under its control; “registered tonnage” means— (a) the registered net tonnage denoted in a vessel’s certificate of registration or other appropriate document acceptable to the Authority; or P14 – 3 [Issue 1] Ports Act (b) where the document shows dual tonnage, the higher registered net tonnage; “transhipment goods” means goods which are— (a) landed from a vessel and placed in the custody of the Authority for the purposes of shipment on another vessel on a through bill of lading dated at the port of l its control; “registered tonnage” means— (a) the registered net tonnage denoted in a vessel’s certificate of registration or other appropriate document acceptable to the Authority; or P14 – 3 [Issue 1] Ports Act (b) where the document shows dual tonnage, the higher registered net tonnage; “transhipment goods” means goods which are— (a) landed from a vessel and placed in the custody of the Authority for the purposes of shipment on another vessel on a through bill of lading dated at the port of loading of the goods and showing that the final destination is via Mauritius; and (b) declared on a transhipment manifest lodged with the Authority before or at the time the goods are placed in its custody; “vehicle” includes a vehicle propelled on rails, machinery on wheels or caterpillar tracks, a trailer, caravan or mobile home and includes a hovercraft or other amphibious vehicle; “vessel” means any vessel, however propelled or moved, and includes a dredger, a hovercraft, a hydrofoil vessel, anything constructed or adapted to carry persons or goods by water and a flying boat or seaplane on or in the water; “wharf” means any wharf, quay, pier, jetty or other place at which sea-going vessels can ship or unship goods or embark or disembark passengers. (2) In this Act, references to a vessel navigating or being navigated include references to its moving or being moved within a port for the purpose of changing from a mooring to another or of being taken into or out of a dock. PART II – CONSTITUTION AND FUNCTIONS OF AUTHORITY