HARBORS AND NAVIGATION ACT 1993 - SECT 28A

HARBORS AND NAVIGATION ACT 1993 - SECT 28A

28A—Power to assign control and management of ports

        (1)         The Minister may, by agreement, confer on another (the "proprietor") the right to carry on the business of operating a particular port.

        (2)         The proprietor must then enter into an agreement (a "port operating agreement ) under which the Minister assigns the control and management of the port to the proprietor or a nominee of the proprietor unless—

            (a)         the Minister and the proprietor enter into an agreement under which the Minister is to continue to have the control and management of the port; or

            (b)         the proprietor has committed a serious breach of a port operating agreement and the Minister has cancelled or refused to renew the agreement on that ground.

        (3)         If the Minister has the control and management of a port, the Minister may, subject to the terms of any agreement between the Minister and the proprietor, recover the costs of operating the port from the proprietor.