PORT REGULATIONS

PORT OF NAPIER LIMITED

1.

General

 

1.1

 

These regulations for the Port of Napier set out the requirements and operational procedures for the Port of Napier. The Port regulations are to be read with the Standard Conditions of Service for the Port of Napier Limited. Where there is any conflict between the Standard Conditions of Service and the Port regulations the Standard Conditions of Service shall prevail.

 2.

DEFINITIONS  

 2.1

In these regulations the following meanings shall apply unless the context shall otherwise indicate:

Day” means from 0001 hours to 2400 hours in relation to cargo handling charges and 24 hours from the time of berthing in relation to marine service charges.

 

DLR” means to discharge containers from ship, land on wharf and restow on same ship.

 

ETA” means estimated time of arrival of ship at pilot station.

 

 “ETD” means estimate time of departure of ship from berth.

 

FCL” for the purposes of this document means a container that will not be packed or unpacked by the Operator.

 

"FEU” means a 40’ length container.

 

LCL” for the purposes of this document means a container that will be packed or unpacked by the Operator.

 

Marshalling” means the moving of cargo to ship’s side including DLRs onto wharf.

 

Operator” means Port of Napier Limited as defined in the Standard Conditions of Service.

 

Over dimensional container” means a container whose overall dimensions including any cargo extending from the container, exceeds an ISO standard gauge TEU or FEU respectively.

 

Receiving and Delivering” (also “R&D”) means the receiving and dispatching of inwards and outwards cargo in accordance with the Operator’s procedures generally.

 

SOB” means to shift and restow on board the same ship.

 

Specified Ship” means a ship exporting break bulk cargoes of meat, apples, squash, other fresh fruit or vegetables or any combination of those cargoes in combination with containers.

 

Stevedoring” means to position and reposition cargo on board ship including supervision and labour.

 

Sub-contractor” includes direct and indirect sub-contractors and their respective servants, employees and agents.

 

Port” means the Port of Napier as defined in the Standard Conditions of Service.

 

TEU” means a 20’ length container.

 

User” means any agent, owner or customer of the Operator as defined in the Standard Conditions of Service.

 

standard operational procedures

3.

Ship Servicing Procedures

3.1

SHIP ARRIVAL

Users shall give the Operator the following notices and information:

  (a)

Give notice of the ship's ETA, cargo and port services required, on the completed Berthage and Cargo Advice form provided by the Operator not later than 1200 hours midday 5 days prior to ETA (including an ETD where practical).

   (b) Give an update of ETA by 1200 hours on the day prior to the arrival of

the ship at Napier Port.

   (c) Give 2 hours notice to delay or postpone an arrival, or 3 hours notice

from a new movement time to advance the arrival of a vessel.

 3.2

SHIP DEPARTURE

Ship Departure Users shall give the Operator the following notices and information.

  (a)

Give a provisional ETD for the ship not later than 24 hours prior to departure.

  (b)

Give notice of the ship’s ETD by 1600 hours immediately preceding departure.

  (c)

Confirm the ETD not later than 2 hours prior to departure of the ship, or provide 3 hours notice from a new movement time to advance the departure of a vessel.

  (d)

If the ship does not depart at the confirmed ETD, the following information is to be conveyed to the Pilot:

   

(i)      Reason for delay

   

(ii)      New confirmed ETD

   

(iii)     Factors still influencing ETD

   

(iv)    Consequences of ship not departing as soon as it is ready, e.g. tide or berth availability in another port.

  (e)

If the ship does not depart at the confirmed ETD the Operator will attempt to facilitate the departure but accepts no liability for anyconsequential delays resulting from conflicting shipping movements or staff non-availability. The Operator’s staff are only obliged to wait for 30 minutes after the confirmed ETD. After that time a new time will be set for the departure to coincide with the next shipping movement at Napier Port or earlier if practicable.

  (f)

Within 24 hours of departure of Specified Ships the User or Agent of the User shall complete and forward a confirmation of the User’s Billing Advice for the ships cargo to the Operator.

 3.3

BERTH PROCEDURES

Berth allocation by the Operator shall be in terms of the Berth and Crane Procedures published by the Operator from time to time. However the allocation of priority shall be always at the sole discretion of the Operator.

 

4.

Cargo handling procedures

4.1

CARGO NOTIFICATION

Users shall give the Operator the following notices and information:

 

(a)

Give notice of heavy lifts, over dimensional cargo or abnormal cargo, 5 days prior to ship ETA or receipt at the port for loading.

 

(b)

Give notice of dangerous, hazardous or obnoxious cargo not later than 48 hours prior to ship ETA or receipt at the port for loading.

 

(c)

Supply details of cargo exchange on the Berthage & Cargo Advice form supplied by the Operator no later than 5 days prior to ship ETA and also by 1200 hours on the day prior to ship arrival.

 4.2

PLANT & LABOUR  

 

(a)

Users shall give notice to the Operator of cargo handling plant and labour required by 1400 hours on the day prior to the plant and labour being required, with written confirmation by 1600 hours on that same day. The Operator cannot guarantee availability of resources or accept liability if this procedure is not followed.

 

(b)

Plant and labour can be ordered for a start on the hour or half hour throughout the day with a minimum order period of 4 hours.

 

(c)

Indicative daily finishing times must be stated. If work continues more than two hours past the indicative finishing time, the availability of plant and labour cannot be guaranteed.

 

(d)

In the event of a cancellation or variation to the notice for plant and/or labour for whatever reason, the Operator may charge the User for the hours ordered and not worked at the tariff rate per hour or part thereof rounded to the nearest half-hour.

 4.3

RECEIVING AND DELIVERY

Receiving and delivery of cargo to and from the Port will be undertaken by the Operator in accordance with the publicised hours available upon application to the Operator. Cargo will only be received or delivered outside these hours by special arrangement with the Operator and at the cost of the User.

 4.4

DOCUMENTATION

 

(a)

The User shall provide to the Operator import manifests not later than 24 hours prior to cargo discharge and export manifests within 10 calendar days of the ship departure.

 

(b)

The User shall ensure correctly completed Carters Notes, Consignment Notes, Rail Notes, or similar are available to the Operator as required, to establish cargo ownership, authorisation to transport, consignment information and cargo details.

 

(c)

The User shall within 24 hours of departure of a specified vessel complete and forward a Confirmation for Billing Advice to the Operator.

  (d)

The User will provide a completed IMO Dangerous Goods Declaration (or equivalent) to the Operator for all dangerous or hazardous cargo. For export cargo the form is to be provided prior to the ship’s arrival at Napier Port. For imported cargo the form is to be provided prior to or on entry of the cargo at Napier Port premises.

4.5

CONDITION OF CARGO

 

(a)

All cargo presented to the Operator must be in a fit and proper condition to be handled or otherwise dealt with in the normal course of business by the equipment and operating procedures usually employed by the Operator. 

  (b)

The Users will comply with all refrigerated cargo procedures set by owners of cargo and in terms of bulletins issued by the Operator from time to time as appropriate and in addition with all procedures and rules as are good port operating practice.

 

5.

CONTAINER HANDLING PROCEDURE

 

In addition to the Cargo Handling Procedures these additional procedures apply to the handling of containers unless modified by separate written agreement.

5.1

IMPORT CONTAINERS

 

The User shall give to the Operator all relevant details of import containers including weight, numbers, type, description and contents not later than 24 hours prior to ship ETA.

5.2

EXPORT CONTAINERS

 

The User shall ensure all export containers are received at the Port for shipment within the port gate operating hours and at least 12 hours prior to the vessel ETA. The only exception is if the following information is supplied to the Operator 12 hours prior to the commencement of the ship exchange and only if the container arrives at the Port prior to the ETA of the ship.

 
  • Container Number
  • Ship Name
  • Voyage Number
  • Commodity
  • Gross Weight
  • Temperature & Vent Settings (if refrigerated)
  • Seal Number
  • Customs Export Entry
  • Load Port
  • Final Destinations
  • Pack Point
  • Shipper's Name
  • Booking Reference
 

The Operator cannot guarantee the loading of any container not complying with this procedure. The Operator will not be liable for late receival of containers or conflicting or incorrect information.

5.3

CONTAINER CRANE HIRE PRIORITY

 

The priority to be accorded container crane hire shall be in terms of the Berth and Crane Procedures published by the Operator from time to time. However the allocation of priority shall be always at the sole discretion of the Operator.

 

6

terms of payment

6.1

Unless otherwise agreed in writing or varied in the Tariff, terms of payment for services shall be in cash in full seven days following the invoice to the User.

6.2

Any payments which are overdue shall have interest payable at a rate of 4% above the monthly base overdraft rate charged by bankers to the Operator from the due date to the actual date of payment.

6.3

In addition to the interest payable in terms of the foregoing clause the User shall pay all legal and other costs incurred by the Operator on recovering any payments unpaid and overdue.

6.4

If the User has been granted credit pursuant to the Operator’s approved credit customer contract then payment for services rendered under this agreement shall be in accordance with the terms of credit established under that agreement. The Operator may at any time withdraw any credit facilities and require payments to be made prior to the provision of services.

6.5

The User shall not have any right to refuse payment by reasons of any alleged set-off or counterclaim, and the Operator shall have a lien over all containers and cargo and all documents relating thereto for charges due in respect of such containers and/or cargo and over all property of the User for sums due from it to the Operator. Such containers, cargo and property may at the sole discretion of the Operator be sold in such manner as the Operator thinks fit to defray or assist in defraying such charges and sums due after the expiry of one month from the date of exercise of any such User but such sale shall be without prejudice to all other rights or remedies which may then or at any time belong or be available to the Operator.

 

7.

safety and access

7.1

ACCESS

 

(a)

The Port is not a public area and only those on Port business will be admitted. All Users are required to be aware and comply with the Port access procedures and general access requirements contained in the Operator’s Booklet “Safety Requirements Within the Port of Napier” and any updated replacement or additional booklets. These are available from either Port Security at the Main Entrance to the Port or the Port Safety Officer. A signed Acknowledgement of Receipt of the booklets and Agreement to Comply form is to be provided to the Operator prior to commencement of work within the Napier Port premises.

 

(b)

Visitors to ships will only be admitted to the Port if they produce a pass or similar document signed by the User or authorised representative.

 

(c)

The User is to ensure that all ships crew, passengers, visitors, provedores and contractors are conversant with  the Operators Port Access procedures. In particular all passengers on cargo ships are to be fully briefed as to those procedures before boarding or departing the ship.

 7.2

SAFETY  

 

(a)

The Operator is required to comply with statutory requirements. All Users must recognise that the Operator has the following safety policy-

The Port of Napier must be a safe and healthy place for people who work here and those who visit. Managing safety and health is an integral and important part of how we operate. We will consult with our employees, and expect their active participation in safety and health matters. It is our policy to take all practicable steps to ensure the safety of all personnel in all areas of activity. We are committed to continuously improving our safety and health record and aim for “zero tolerance” to lost time accidents. The Port of Napier will be the Safest Port Environment in New Zealand.

 

(b)

The User is responsible for compliance with all statutory requirements pertaining to the safe operation of all work undertaken or contracted by the User within the Port premises. 

 

(c)

The User will ensure that all staff and contractors employed by the User within the Port boundaries are adequately qualified and trained in their respective duties, with certification and training records to be made available on request. 

 

(d)

The User is to make available to the Operator on request a copy of the User’s Health and Safety Plan for work to be undertaken within the Port premises.

 

(e)

The User will ensure that all its staff and contractors are fully inducted and briefed on and comply with the conditions contained in the Operator’s “Safety Requirements Within the Port of Napier” booklet.

 

(f)

The Operator may at any time, notwithstanding any other contractual arrangements, licences or agreements, require the work activity of a User to cease if in the reasonably held opinion of the Operator it is necessary to do so for safety or health reasons. The right to terminate does not however relieve the User from its responsibility for health and safety, nor does it require the Operator to exercise its right to terminate.

If the Operator requires the work activity to cease, the Operator will not be liable for costs incurred by the User as a result of such termination, including costs associated with any necessary remedial work, loss of profits or reputation or any consequential or other loss.

 

8.

environmental issues

8.1

The Operator has an Environmental Management Plan (“EMP”) which details the management of its Port operations in relation to environmental issues.

8.2

Users should obtain a copy of the EMP and comply with its management procedures whenever there is or there is likely to be a discharge to land, wharves, sea or air of any contaminants or where their operations are likely to cause excessive or prolonged and unusual noise.

8.3

Where a User has any doubt as to its obligations under the EMP it should obtain permission for its activities from the  Operator.

8.4

The Operator may require the work activity of a User to cease if in the opinion of the Operator there is likely to be or has been a breach of the management requirements of the EMP and the Operator will not be liable for costs incurred by the User as a result of such termination including costs associated with any necessary remedial work, loss of profits or reputation or any consequential or other loss.

 

9.

border security

9.1

The Operator is a designated port of entry in terms of the Biosecurity Act 1993 and has statutory obligations in terms of quarantine, customs, hazardous substances and organisms, and border security including antiterrorism requirements.

9.2

Where the Operator is required to implement border security restrictions to comply with national or international requirements or comply with its statutory obligations and the cost of such compliance was unavailable to the Operator at the time of setting any agreed tariff with the User, the additional costs of compliance may be levied against that User.

 

10.

notices

10.1

Under the Port Regulations and under the Standard Conditions of Service Notices shall be given by ordinary mail or facsimile transmission;

 

(i)     

(ii)    

to the Operator at Napier 

to the User at any of the User’s last known place of business whether in New Zealand or elsewhere or at the address of the User’s last known agent in New Zealand; and shall be deemed to have been received two days after dispatch by mail or on the day of dispatch by facsimile.


Port Regulations – 24 Mar 03