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Port Legal Framework

Port Legislation - National Ports Act

The National Ports Act No.12 of 2005 seeks primarily to give effect to the Government's Policy on Commercial ports that outlines the role of ports in the South African economy. The Government's White Paper on National Commercial Ports Policy was approved by Cabinet on 6 March 2002. The policy was published in Government Gazette No.23715 on 8 August 2002.

General overview

Click here to view the White Paper on National Commercial Ports Policy

The National Ports Act is about the modernization and efficient operations of our ports. The National Ports Act is the primary piece of legislation regulating the port sector in South Africa and came into effect on 26 November 2006.

Click here to view the National Ports Act 12 of 2005

Port Rules

Transnet National Ports Authority has developed Port Rules in terms of section 80(2) of the National Ports Act "for the control and management of ports and the approaches thereto and for the maintenance of safety, security and good order in the ports". Consultation on the draft Port Rules took place in September and October 2007 with port users, government and others stakeholders. The final version of the Port Rules was approved by the Transnet Board of Directors on 25 April 2008. The Port Rules as approved by the Minister of Transport, came into effect on 6 March 2009, as published in the Government Gazette No. 31986 (Vol.525) on 6 March 2009.

Click here to view the Port Rules

Port Regulations

The Minister of Public Enterprises has repealed the Harbour Regulations issued under the South African Transport Services Act No.65 of 1981 and the Legal Succession to SA Transport Services Act No.9 of 1989. The Ministerial Notice was published in the Government Gazette No. 31958 on 6 March 2009.

Click here to view the Ministerial Notice to Repeal the Harbour Regulations

The Minister of Transport has promulgated Port Regulations in terms of section 80(1) of the National Ports Act. The Port Regulations published in Government Gazette No. 30486 came into effect on 23 November 2007.

Click here to view the Port Regulations

Guidelines for Agreements, Licences and Permits

The National Ports Act provides (section 11) that "The main function of the Authority is to own, manage, control and administer ports to ensure their efficient and economic functioning, and in doing so the Authority must (amongst other things):

regulate and control navigation within port limits and the approaches to ports;

ensure that adequate, affordable and efficient port services and facilities are provided;

exercise licensing and controlling functions in respect of port services and port facilities;

ensure that any person who is required to render any port services and port facilities is able to provide those services and facilities efficiently;"

Transnet National Ports Authority has developed "Guidelines for agreements, licences and permits" (the Guidelines) in terms of the National Ports Act to ensure fair, equitable, transparent procedures for the awarding of agreements, licences and permits. The Guidelines set out the approach to be adopted for appropriate controls over port facilities, services and other activities in ports. Consultation on the draft Guidelines took place in October and November 2007 with port users, government and other stakeholders. The final version of the Guidelines was approved by the Transnet Board of Directors on 25 April 2008 and is official Transnet policy.

Click here to view the Guidelines for Agreements, Licences and Permits in terms of the National Ports Act.

 

Transnet National Ports Authority will issue invitations for parties to apply for licences, registrations and permits in the manner set out in the Guidelines. These invitations will be published in the Government Gazette (where required), national newspapers, and on this web site. This web site will also provide all necessary supporting documents and application forms.