74AWharfage fees—Port of Hastings

74A Wharfage fees—Port of Hastings (1) Subject to this Part, the Port of Hastings Development Authority may determine a wharfage fee in respect of the provision of a site in the port of Hastings at which stevedoring operations may be carried out. (2) Subject to Part 3, a fee determined under subsection (1) may be calculated by reference to the quantity, volume, weight or value of cargo loaded or unloaded at the site. (3) Subject to this Act, different fees may be determined under subsection (1) in respect of a site or a class of site, or cargo or a class of cargo, or a vessel or a class of vessel or according to any other factors that the Port of Hastings Development Authority determines. (4) A fee determined under subsection (1) is payable to the Port of Hastings Development Authority— (a) in the case of cargo unloaded from a vessel at the site, by the person who, immediately after it is unloaded, is the owner of the cargo; and (b) in the case of cargo loaded onto a vessel at the site, by the person who, immediately before it is loaded, is the owner of the cargo; and (c) in the case of the loading of an empty container onto a vessel or the unloading of an empty container from a vessel at the site, by the person who is the owner of the vessel. (5) If a fee determined under subsection (1), or any part of such a fee, is not paid by the person liable under subsection (4)(a) or (b) to pay it, that person and the person who, at the time payment is demanded by the Port of Hastings Development Authority, is the owner of the cargo are jointly and severally liable for the payment of the fee. (6) Nothing in this section affects a fee payable for services specified in subsection (1) in accordance with the terms of a contract. S. 75 amended by No. 85/2003 s. 30(2), substituted by No. 63/2007 s. 13.