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Transnet National Ports Authority

Port Legal Framework

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General Overview


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.



Port Rules & Regulations


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 other 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.



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The Minister of Public Enterprises has repealed the Harbour Regulations issued under the South African Transport Services Act No.65 of 1981 and the Legal Succession to SA Transport Services Act No.9 of 1989.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.



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.



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.



Harbour Master’s Written Instructions


Harbour Master’s Written Instructions have been developed in terms of section 74(3)(b) of the National Ports Act for the Handling of Bulk Flammable Liquids and the Handling of Flammable Liquid Containers.


Consultation on the draft Harbour Master’s Written Instructions took place in September and October 2007 with port users, government and other stakeholders. The final version of the Harbour Master’s Written Instructions was approved by the Transnet Board of Directors on 25 April 2008.


The Harbour Master’s Written Instructions for the Handling of Bulk Flammable Liquids and the Handling of Flammable Liquid Containers are official policy of Transnet.