(1) A port authority
may approve a competent and suitably qualified person as a pilot for the port
and is to ensure that there is at all times at least one approved pilot for
the port.
(2) An approval under
subsection (1) has effect for the period set out in the approval unless it is
revoked by the port authority before that period ends.
(3) An approval under
subsection (1), or any revocation of such an approval, is to be in writing.
(4) No person is to
act as a pilot in a port unless the person is approved as a pilot for the port
or acts under the authority of a pilotage exemption certificate under the
regulations.
Penalty: $10 000.
(5) A port authority
is responsible for ensuring that pilotage services are provided in its port
—
(a) by
the port authority; or
(b) if
regulations under section 143 provide that a person providing pilotage
services in the port needs a licence referred to in that section, by a person
who holds such a licence; or
(c)
partly under paragraph (a) and partly under paragraph (b).
(6) A reference in
subsection (5) to pilotage services provided by the port authority includes a
reference to pilotage services provided under a contract or arrangement under
section 35(2).
(7) Subject to
subsection (8), any charges for pilotage services provided in a port —
(a) are
to be determined under section 37; and
(b) are
to be paid to the port authority, irrespective of how or by whom they are
provided.
(8) If regulations
under section 143 provide that a person providing pilotage services in the
port needs a licence referred to in that section, subsection (7) does not
apply in relation to pilotage services provided by a person who holds such a
licence.
[Section 96 amended: No. 9 of 2014 s. 23; No. 2 of
2019 s. 48.]