PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 26A Minister may enter into contract for provision of pilotage services not provided by Port Corporation

PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 26A

26A Minister may enter into contract for provision of pilotage services not provided by Port Corporation

(1) The Minister may enter into a contract with a person (a
"contractor" ) for the provision by that person of pilotage services at any port. Contracts may be entered into with different persons for the provision of pilotage services at different ports.

(2) This section does not apply to pilotage services that are provided by a Port Corporation under an operating licence (whether directly or by way of a subsidiary).

(3) The Minister is required to call public tenders for a contract under this section.

(4) A contract under this section must include such provisions as the Minister thinks necessary or desirable to be included for ensuring compliance with the marine legislation or the National law and the provision of the pilotage services required in the port concerned.

(5) Without limiting subsection (1), such a contract is to:

(a) specify the level of pilotage services to be provided under the contract, and

(b) set out performance standards, and quality assurance programs, for pilotage services to be provided under the contract, and

(c) provide for the fixing and collection by, and payment to, the contractor of pilotage charges in accordance with Part 5, and

(d) specify the amount of consideration to be paid to the Minister by the contractor under the contract (such an amount may be calculated on the basis of a proportion of the pilotage charges payable to the contractor for the provision of pilotage services), and

(e) require the contractor to keep records of the pilotage services provided by the contractor and the amounts charged and paid in respect of those services, and

(f) empower the Minister and any person authorised by the Minister to inspect those records, and

(g) require the contractor to provide information, as and when the Minister requires, as to the costs incurred by the contractor in providing pilotage services at a port concerned, and

(h) empower the Minister to terminate or suspend the contract on the ground that the contractor is unable to provide pilotage services at the level referred to in paragraph (a) or has contravened the marine legislation or the National law, or on any other specified ground.