Section 7
Functions of Authority
of Maritime and Port Authority of Brunei Darussalam Act
(1)
Subject to the provisions of this Act. it shall be the function of the Authority -
Maritime and Port 18 CAP.
Authority of Brunei Darussalam
(a)
to promote the use, improvement and development of the port;
(b)
to regulate and control navigation within the limits of the port and the approaches to the port;
(c)
to provide and maintain adequate and efficient lighthouses, beacons, buoys and other aids to navigation in the territorial waters of
Brunei Darussalam and the approaches thereto and at such other places as the Authority may think fit;
(d)
to disseminate navigational information;
(e)
to exercise licensing and regulatory functions in respect of marine and port services and facilities;
(fl to secure that there are provided in the port (whether by itself or by any public licensee), adequate and efficient marine and port services and facilities on such terms as the Authority may think expedient;
(g)
to secure that any person by whom any marine or port services and facilities fall to be provided in the port is able to provide the services and facilities efficiently whilst maintaining independent financial viability;
(h)
to promote efficiency, reliability and economy on the part of public licensees in accordance with, as far as practicable, recognised international standards and public demand;
(i)
to create an economic regulatory framework in respect of the provision of marine and port services and facilities which promotes and safeguards competition and fair and efficient market conduct or, in the absence of a competitive market, which prevents the misuse of monopoly or market power;
0) to promote, provide and administer training schemes for members of the mercantile marine and the shipping and port industries;
(w to develop, promote and regulate employment among members of the mercantile marine;
Maritime and Port
Authority of Brunei Darus.salam
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(I)
to promote the development of merchant shipping;
(m)
to exercise regulatory functions in respect of merchant shipping and particularly in respect of safety at sea, the manning of vessels and the prevention of pollution at sea;
(n)
to advise the Government on all matters relating to sea transport and the provision of marine and port services and facilities;
(0)
to act internationally as the national body representative of
Brunei Darussalam in respect of sea transport, marine and port matters;
(p)
to discharge or facilitate the discharge of international obligations of the Governmeilt in respect of sea transport; and
(q)
to perform such other functions as are conferred on the
Authority by this Act or any other written law.
(2)
In discharging the functions imposed on it by subsection (1), the
Authority shall have regard to -
(a)
satisfying all reasonable demands for marine and port services and facilities;
(3)
fostering the development and expansion of marine and port services and facilities in the world in collaboration with other countries and international organisations;
(c)
enabling persons providing marine and port services and facilities in Brunei Darussalam to compete effectively in the provision of such services and facilities outside Brunei Darussalam;
(d)
the promotion of measures for the safety of life in the port;
(e)
the promotion of research and development in the fields of marine and port services and facilities; and
(f)
collaboration with educational institutions for the promotion of technical education in the fields of marine and port services and facilities.
Maritinze and Port 20
Authority o f Brunei Darussalanz
(3)
In addition to the functions imposed by this section. the
Authority may undertake such other functions as the Minister may assign to the Authority, and in so doing -
(a)
the Authority is deemed to be fulfilling the purposes of this
Act; and
(b)
the provisions of this Act apply to the Authority in respect of such functions.
@
(4)
Nothing in this section shall be construed as imposing on the
Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.
(5)
Notwithstanding the provisions of this Act, the Authority may, until such time as the licences granted under Part 12 come into effect, continue to provide any marine or port services and facilities that the Marine
Department or the Ports Department were providing immediately before the appointed day.
(6)
Without prejudice to the provisions of Part 12, the Authority may provide any marine or port services and facilities in any of the following circumstances notwithstanding that it has granted a public licence to any person -
(a)
if the Authority is of the opinion that the person has failed to discharge or is not discharging to the Authority's satisfaction the obligations imposed by the Authority on the person in the public licence; or
(b)
to give effect to any direction of the Minister under section 9.
(7)
The Authority shall furnish the Minister with information with e respect to its property and activities in such manner and at such times as the
Minister may require.