8Provisions of Harbour and Tonnage Rates Act 1920–1953, to apply

8 Provisions of Harbour and Tonnage Rates Act 1920–1953, to apply

8 Provisions of Harbour and Tonnage Rates Act 1920–1953, to apply

The Harbour and Tonnage Rates Act 1920–1953, and any Act amending or replacing the same and the regulations from time to time in force thereunder but in so far only as such Acts and regulations relate to the imposition, collection and payment of tonnage rates and berthing charges shall apply to and in respect of every jetty or wharf (which terms for the purposes of this section shall include any structure, landing place or facility where cargo may be loaded or discharged or where vessels may be berthed) now or hereafter erected, constructed or provided upon any and every part of the land described in the Second Schedule to the Agreement as if the same were a public wharf and accordingly tonnage rates and berthing charges in accordance with the said Act and regulations shall be payable in respect of all vessels berthing at any such jetty or wharf subject only to the following exceptions—

(a) any vessel carrying loading or discharging only cargo and/or goods which are or have been or are about to become the property of the Company and/or of any affiliate of the Company shall be exempt from the payment of such tonnage rates and berthing charges,

(b) any vessel carrying and/or loading and/or discharging cargo and/or goods part only of which is has been or is about to become the property of the Company and/or of any affiliate of the Company shall be granted a rebate of such tonnage rates and berthing charges to the extent of the ratio which that part of the cargo and/or goods which is loaded and/or discharged and which is has been or is about to become the property of the Company and/or of any affiliate of the Company bears to the whole of the cargo and/or goods which is loaded and/or discharged,

(c) any vessel the property of or chartered by the Company or the property of or chartered by any affiliate of the Company berthing for a purpose other than the loading or discharging of cargo shall be exempt from the payment of such tonnage rates and berthing charges.

In this section the term affiliate has the meaning ascribed to it in subclause (c) of clause twenty-four of the Agreement.