Section 32: Directions of Port Master

32. Directions of Port Master (1) The Port Master may give such general or specific directions as he thinks fit, either orally or otherwise, to any person to— (a) promote or secure conditions conducive to the ease, convenience or safety of navigation in a port; (b) regulate the movement or mooring of a vessel in a port; P14 – 15 [Issue 1] Ports Act (c) control the manner in which cargo, fuel, water or ship’s stores are taken on, discharged or handled; (d) ensure the welfare of persons working or living on a vessel in a port; (e) regulate the removal or disposal of any residues and mixtures containing oil or noxious liquid substances, sewage and garbage from vessels in a port and require any such matter to be deposited in reception facilities in the port; and (f) carry into effect this Act or any subsidiary enactment made under it. (2) A direction under subsection (1) may be given in a manner considered by the Port Master to be reasonable and appropriate. (3) The Port Master shall take reasonable steps to bring the contents of any general direction issued under subsection (1) to the notice of any person likely to be affected by it. (4) Any person who without reasonable excuse fails to comply with a direction under subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years. (5) (a) Where the Port Master is of the opinion that a vessel within or outside any port is unattended or is otherwise in such a condition that its continued presence may constitute a threat to the safety of the port or to the free movements of any vessel, he shall give notice to the owners, agents or representatives of the vessel. (b) A notice issued under paragraph (a) shall specify the time within which the vessel must be removed or otherwise dealt with in order that it may cease to constitute a threat as specified in paragraph (a), failing which the vessel shall be removed or otherwise dealt with in such manner as the Port Master may think fit. (c) Where a person fails to comply with a notice issued under paragraph (a)— (i) the Port Master may remove the vessel or deal with it in such manner as he thinks fit in the circumstances; and (ii) the person shall refund to the Authority all expenses incurred by the Port Master or the Authority under subparagraph (i). (d) Where the notice specified in paragraph (a) is served— (i) on a company or a société‚ all the persons concerned in the management of the company or the société shall be liable jointly and severally for the refund under paragraph (c) (ii); (ii) on more than one person, all of them shall be liable jointly and severally for the refund under paragraph (c) (ii). [Issue 1] P14 – 16 Revised Laws of Mauritius (e) No action, civil or criminal, shall lie against the Port Master or the Authority for any action taken by the Port Master in good faith under paragraph (c) (i). (f) This subsection shall be in addition to, and not in derogation from, sections 51 and 52. (6) Where there are doubts about the condition or safe operation of a vessel, the Authority, on report by the Port Master, may require the owner or master to provide a bank deposit, bond or other valid security covering the amount of any cost that the Authority may consider likely to be incurred by it in relation to the vessel due to its condition or operation.