Section 111
of Maritime and Port Authority of Brunei Darussalam Act
Section 111
(1)
No plan and specification for -
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(a)
the erection. within the port or the approaches to the port, of a new wharf or dock or for the re-erection, extension or alteration of the same; or
(b)
the erection of any sea-wall or any revetment along the bank of the port or for the re-erection, extension or alteration of the same, shall be approved without previous reference to, and the concurrence of, the
Authority.
(2)
The Authority may determine the fee to be paid for the perusal of the plans and specifications.
(3)
Where the Authority omits or refuses to give its concurrence to the plans and specifications referred to in subsection (1). the Authority appointed under section 3 of the Building Control Order, 2014 (S 6912014)
may refer the matter to the Minister whose decision shall be final.
Control and management of Government land and buildings in land areas of ports 112.
(1)
Subject to the provisions of this section, the Authority shall be charged with the control and management of all land and buildings of the
Government situate in the land area of a port, except any such land or buildings as may be specified in the notification defining or altering the limits of the port pursuant to section 3.
(2)
The Minister, with the approval of His Majesty the Sultan and
Yang Di-Pertuan may, by notification published in the Gazette, declare that any land or building of the Government situate in the land area of a port shall cease to be or shall become, as the case may be, subject to the control and management of the Authority.
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(3)
Where, by virtue of subsection (1) or of any notification under subsection (2), any wharf, land or building becomes subject to the control and management of the Authority, any order made under section 59 of the
Customs Order, 2006 (S 3912006) (relating to the establishment and maintenance of customs warehouses) and any regulations made under section 152(2)(zg) of that Order (relating to wharf dues payable under that
Order) affecting such wharf, building or land shall cease to have effect in relation thereto.
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Authority of Brunei Darussalam
Notices, orders, receipts etc. may be given by authorised officer 113.
(1)
All notices, orders, receipts and other documents and all information of whatsoever nature which the Authority is empowered to give by this Act or the regulations or by any other written law may be given by any means including electronic and mechanical means and by any employee authorised thereunto by the Authority.
(2)
Where any such notice, order, receipt, document or information requires authentication, the signature or a facsimile thereof of the Chief
Executive or any employee authorised thereunto by the Authority affixed e thereto shall be sufficient authentication.
Vessel guidance, assistance or direction 114.
Where the Authority provides any service for the guidance, assistance or direction of any vessel, neither the Authority nor any of its employees or agents shall be liable for any loss or damage suffered by any person of whatsoever nature or howsoever caused -
(a)
by reason of any act or omission of the Authority, its employees or agents which is made in good faith and in the ordinary course of the discharge of the duties of those employees or agents; or
(b)
if the loss or damage occurred or arose as a result of any defect or breakdown in the service of any equipment used for the provision of such service or for the receipt or provision of such information and not as a result of any act or omission of the Authority.
Power to enter upon lands 115.
(1)
The Authority may, for the purposes of this Act, by its employees, agents or contractors, enter at all reasonable hours in the daytime into and upon any building or land for the purpose of making any survey or inspection and for the purpose of executing any work authorised by this Act a to be executed by them without being liable to any legal proceedings or molestation whatsoever on account of such entry or of anything done in any part of such building or land in pursuance of this Act.
(2)
The Authority shall not enter into any dwelling house in actual occupation, unless with the consent of the occupier thereof and with 6 hours'
previous notice to such occupier.
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Power to enter upon lands adjacent to works 116.
(1)
The Authority may. by its employees, agents or contractors, enter upon any land adjoining to or being within the distance of 90 metres of any works by this Act authorised to be made, for the purpose of depositing upon such land any soil, gravel, sand, lime, brick, stone or other materials or for any other purposes connected with the formation of the works without making any previous payment, tender or deposit.
(2)
In exercising the powers conferred under subsection (1) to enter upon any land, the Authority shall -
(a)
do as little damage to the land as possible; and
(3)
pay compensation for -
(i)
the temporary occupation of, or the temporary damage to, the land as and when such temporary occupation or temporary damage occurs; and
(ii)
any permanent injury to the land.
(3)
If any dispute arises touching the amount or apportionment of such compensation, the same shall be determined in the manner provided by section 1 18.
(4)
Before the Authority makes any such temporary use under subsection (1) of the land adjoining or lying near to the works, the Authority shall give 7 days' notice in writing of its intention to the owners and the occupiers of such land and shall set apart by sufficient fences so much of the land as is required to be so used from the other land adjoining thereto.
Employee of Authority may require evidence of identity in certain cases 117.
(1)
Any police officer or any employee of the Authority who reasonably believes that any person has committed an offence against this
Act or any regulations made thereunder may require such person to hrnish evidence of his identity and the person shall thereupon furnish such evidence of his identity as may be required by such police officer or employee of the
Authority.
(2)
Any person who refuses to furnish any information required of him by any police officer or any employee of the Authority under this section
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Authority of Brunei Darussalanz or wilfully mis-states such information is guilty of an offence and liable on conviction to a fine not exceeding $1,000.
Compensation, damages and costs to be determined by Court of a
Magistrate 118.
(1)
Except as otherwise provided in this Act, in all cases where damages, expenses, the cost of making good or other costs are by this Act directed to be paid, the amount and, if necessary, the apportionment of the same and any question of liability shall, in case of dispute, be summarily ascertained and determined by a Court of a Magistrate.
(2)
If the amount of damages, expenses, the cost of making good or other costs is not paid by the party liable to pay the same within 7 days after demand, that amount may be reported to the Court of a Magistrate and recovered in the same way as if it were a fine imposed by the Court of a
Magistrate.
(3)
An appeal shall lie to the High Court from any decision of a
Court of a Magistrate under this section, and the provisions of the Criminal
Procedure Code (Chapter 7) shall apply, with the necessary modifications, to such appeal.
Disposal of matters and things removed by Authority 119.
(1)
Any matter or thing removed by the Authority in executing any work which it is entitled to execute under this Act or any regulations made thereunder shall, except as otherwise provided, be the property of the
Authority and may be sold by public auction or, if the Authority thinks the circumstances of the case require, may be sold otherwise or be disposed of without sale.
(2)
The moneys arising from the sale may be retained by the
Authority and applied in or towards the expenses incurred and the surplus, if any, shall be paid on demand to the owner of that matter or thing.
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(3)
If the surplus is not claimed within one year of the sale, it shall be paid into the funds of the Authority.
(4)
If any matters or things belonging to several persons are removed by the Authority in executing any such work, the Authority shall cause those matters or things, if so, to be sold separately.
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Exemption by Minister 120.
(1)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, exempt any person, vessel, vehicle or premises or any class or description of persons, vessels, vehicles or premises from any of the provisions of this Act or any regulations made thereunder.
(2)
Any exemption granted by the Minister under subsection (1)
shall not reduce or in any way affect the responsibility of the person to whom the exemption is granted or of the owner or master of a vessel or of the owner of a vehicle or the premises to whom the exemption is granted and the
Authority shall not be liable for any death or injury of any person or for any loss, damage or destruction of any property arising from such exemption.