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Light Dues and Harbours Act

LAWS OF SOLOMON ISLANDS

[1996 EDITION]

CHAPTER 159

LIGHT DUES AND HARBOURS

AN ACT TO MAKE PROVISION FOR THE COLLECTION OF LIGHT AND OTHER HARBOUR DUES AND FOR THE CONTROL OF HARBOURS

[20th June 1923]

2 of 1923
5 of 1935
6 of 1940
8 of 1965
6 of 1967
LN 46A of 1978
LN 88 of 1978

Short title

1. This Act may be cited as the Light Dues and Harbours Act.

Interpretation

2. In this Act—

"stay" of a vessel means the time which elapses between the granting of pratique on arrival and the delivery to the master, or his agent, of a clearance outwards by the proper officer under section 150 of the Customs and Excise Act;

Cap. 121

"tons" means gross registered tons;

"tourist ship" means a ship of over three thousand tons that during the whole of the voyage in the course of which she enters Solomon Islands is employed in carrying passengers on a pleasure cruise and that does not within Solomon Islands engage in any trade or the carrying of merchandise.

Proclamation of harbours
8 of 1865, Sched
LN 46A of 1978

3. The Minister may from time to time by proclamation declare such places as may be expedient to be harbours for the purposes of this Act and may set forth the limits and boundaries of such harbours.

Collection of light and other dues
8 of 1965, Sched
LN 46A of 1978

4. When any place shall have been proclaimed a harbour as aforesaid such light or other dues shall be collected by the Chief Marine Officer in respect of vessels entering or leaving such harbour as the Minister may from time to time prescribe by notice:

Provided that the Minister may exempt any vessel from the payment of any or all such dues and may exempt vessels from the payment of any or all such dues in respect of any particular harbour.

Obstructions to be cleared by owners
6 of 1967, Sched
LN 46A of 1978

5.—(1) If any vessel be sunk or stranded in any part of a harbour which has been declared to be such under this Act to the obstruction of the navigation thereof, or if any vessel or thing be anchored or left adrift in such harbour so as to be an obstruction to the navigation thereof or so as to be a danger to shipping, the owner or owners of such vessel or thing, or their agent, or the master of such vessel, shall, upon receipt of an order to that effect from the Chief Marine Officer and within the time fixed in such order, clear the harbour of such vessel or thing and of all parts of the same, or of any cargo or ballast contained therein, to the satisfaction of the Chief Marine Officer, and should the owner or owners or their agent or the master as aforesaid fail to comply with such order the Chief Marine Officer may direct the removal of such vessel or thing or part thereof, or the cargo or ballast contained therein, at the expense of the owner or owners of such vessel or thing or part thereof, or the cargo or ballast contained therein, at the expense of the owner or owners of such vessel or thing, and may recover such expenses in a summary manner before a Magistrate.

(2) Any person who fails to comply with the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine of twenty dollars or to imprisonment for fourteen days or to both such fine and imprisonment.

Composition by tourist ship for Customs and Light Dues
LN 46A of 1978

6.—(1) The master of any tourist ship visiting Solomon Islands on furnishing to the Comptroller of Customs and Excise a written declaration stating—

(a) that such ship is a bona fide tourist ship; and

(b) the gross registered tonnage of such ship;

shall be entitled to pay as a composition for and in lieu of both—

(i) the Customs Dues which would otherwise be payable; and

(ii) the Light Dues (if any) which would otherwise be payable under this Act;

the fee based on the tonnage of such ship set out in the Schedule hereto.

(2) The master of any tourist ship who wilfully makes any false statement in the declaration prescribed by this section shall be liable on conviction to a fine of two hundred dollars.

Exceptions
8 of 1965, Sched
LN 88 of 1978

7. The provisions of this Act shall not apply to ships of war or such other vessels as the Minister may prescribe by notice.

SCHEDULE
(Section 6)

FEES

(a) For the first period of stay of forty-eight hours or fraction thereof—

$

3,000 tons and under 6,000 tons............100.00

6,000 tons and under 9,000 tons............120.00

9,000 tons and under 12,000 tons..........140.00

12,000 tons and under 15,000 tons........160.00

15,000 tons and under 18,000 tons........180.00

18,000 tons and over..............................200.00

(b) For each subsequent period of stay of twenty-four hours or fraction thereof—

An additional 25 per cent of the amount payable under (a) above.

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CHAPTER 159
LIGHT DUES AND HARBOURS

Subsidiary Legislation

PROCLAMATION OF HARBOURS
(Section 3)

[21st April 1972]

Proclamation No. 2 of 1972
LN 21/1972

Such places as may from time to time be appointed to be ports for the purposes of the customs laws under section 2 of the Customs and Excise Act shall be harbours for the purposes of the Light Dues and Harbours Act.

LIGHT DUES
(Section 4)

[16th January 1976]

LN 11/1976
LN 91/1986

The master of each vessel entering any place proclaimed as a harbour under section 3 of the Act shall pay light dues of 100 dollars plus, in respect of each day entry by that vessel into any such harbour, ten cents per ton of the net tonnage of the vessel:

Provided that—

(a) no vessel shall be liable to pay light dues exceeding 300 dollars;

(b) vessels which are owned by any person resident in Solomon Islands and which are of less than 100 tons net tonnage or which hold a safety certificate under the Shipping Act shall be exempt from such payment;

(c) the master of any vessel in respect of which a fee prescribed under Schedule B to the Licence Act has been paid shall have the amount so paid deducted from the amount of the light dues hereby prescribed; and

(d) any vessel visiting Solomon Islands and entering more than one harbour in the course of a single voyage to Solomon Islands shall be exempt from such payment in respect of all but the first of such entries made during the course of that voyage.

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