44DCharges

44D Charges S. 44D(1) substituted by No. 25/2025 s. 27(1). (1) Subject to subsection (3), the port manager of a local port may impose a charge for the following— (a) the use of a facility in the port; (b) the provision of any service or part of a service (other than a service referred to in section 44BB) by the port manager in the port; (c) the provision of a service outside the port lands or waters of its local port in accordance with a direction or authorisation under section 44BA, to the extent the direction or authorisation authorises a charge to be imposed; (d) the provision of a service in the port lands or waters of its local port in accordance with a direction or authorisation under section 44BB, to the extent the direction or authorisation authorises a charge to be imposed. S. 44D(2) amended by No. 25/2025 s. 27(2)(a). (2) A reference in this section to the use of a facility includes a reference— (a) to the use of a channel in the port; and S. 44D(2)(b) substituted by No. 25/2025 s. 27(2)(b). (b) to the use of an area for a swing mooring. S. 44D (2A)(2B) inserted by No. 19/2022 s. 64(1), repealed by No. 25/2025 s. 27(3). S. 44D(3) amended by No. 19/2022 s. 64(2). (3) The amount of a charge imposed under this section in respect of a facility, service or part of a service must not exceed the maximum charge (if any) that the regulations state is to be the maximum amount that may be charged by a port manager for the use of such a facility or the provision of such a service or part of a service. S. 44D(3A) inserted by No. 19/2022 s. 64(3), repealed by No. 25/2025 s. 27(3). (4) In imposing a charge under this section, the port manager may— S. 44D(4)(a) amended by No. 19/2022 s. 64(4). (a) make allowances for differences in time, place or circumstance relating to the use of the facility or the provision of the service for which the charge is being imposed; and (b) may provide for exemptions from the charge in specified circumstances. (5) In imposing a charge, the port manager must specify who is to be liable for paying the charge. S. 44D(6) amended by No. 19/2022 s. 64(5). (6) The port manager must ensure that it does not impose a charge on a person for using a facility or receiving a service unless it gave the person adequate notice of the charge before the person became liable to pay the charge. (7) A charge imposed under this section is a debt due to the port manager by the person who is liable to pay it. S. 44D(8) amended by No. 25/2025 s. 27(4). (8) A port manager may charge interest at the rate not exceeding the rate fixed under section 2 of the **Penalty Interest Rates Act 1983** on any unpaid charge that is due to the port manager. S. 44E inserted by No. 85/2003 s. 11.