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Trinidad & Tobago Harbours Act

This document is an index and arrangement of sections for the Harbours Act of Trinidad and Tobago. It outlines key details such as the short title of the act, definitions of terms, provisions for establishing harbours and harbour masters, regulations related to collisions in harbours, licensing requirements for boats and boatmen, offenses and penalties, the admiralty jurisdiction of harbour masters, inquests, regulations, and miscellaneous details. The act has been amended multiple times since its original passing and applies to harbours across Trinidad and Tobago, establishing rules and governance over harbor operations.

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Chadband Singh
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0% found this document useful (0 votes)
53 views43 pages

Trinidad & Tobago Harbours Act

This document is an index and arrangement of sections for the Harbours Act of Trinidad and Tobago. It outlines key details such as the short title of the act, definitions of terms, provisions for establishing harbours and harbour masters, regulations related to collisions in harbours, licensing requirements for boats and boatmen, offenses and penalties, the admiralty jurisdiction of harbour masters, inquests, regulations, and miscellaneous details. The act has been amended multiple times since its original passing and applies to harbours across Trinidad and Tobago, establishing rules and governance over harbor operations.

Uploaded by

Chadband Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 43

LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

HARBOURS ACT

CHAPTER 50:06

Act
13!of!1880
Amended!by
8!of!1883
49!of!1912
15!of!1919
49!of!1920
29!of!1925
13!of!1926
1!of!1938
4!of!1949

Current Authorised Pages


Pages Authorised
(inclusive) by L.R.O.
1–43 .. 1/2006

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
2 Chap. 50:06 Harbours

Index of Subsidiary Legislation


Page
Establishment of Harbours Order … … … … … 28
Port-of-Spain Harbours Regulations (G 25.5.17) … … … 31
Scarborough Harbour Regulations (G 17.9.31) … … … 34
Harbours General Regulations (G 10.6.20) … … … … 35
Port-of-Spain Harbours (Prohibition of Bathing and Smoking) Regulations
(G 25.3.37) … … … … … 42
Protection of Beacons Regulations (G 22.9.38) … … … 43

Note on Delegation of Functions


For delegation of functions See LN 15/2003.

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 3

CHAPTER 50:06

HARBOURS ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.
3. Application of Act.
President may establish harbours.
4. Harbour Masters and Assistant Harbour Masters.
5. Regulations relating to collisions.
6. Breach of Regulations to imply wilful default of person in charge.
7. If collision ensues from breach of Regulations, ship to be deemed
in fault.
8. Flags of droghers.
9. Vessels anchoring.
10. Directions as to anchorage.
11. Visit to vessels on arrival.
12. Particulars to be entered by Harbour Master on visiting vessel.
13. Going on board or communicating before Harbour Master’s visit.
14. Landing before Harbour Master’s visit.
15. Vessel in harbour more than three days.
16. Buoys over anchors.
17. Regulation as to flats, etc., serving a vessel.
18. Impeding access to wharves or landing places.
19. Protection of buoys.
20. Heating inflammable matter in harbour.
21. Throwing ballast, etc., in shallow water.
22. Removal of wreck.
23. Hauling up vessel.
24. Encumbering wharves.
25. Making fast to wharves.
26. Clearing out stagnant water.
27. Restriction on clearance at Customs.
28. Power to stop vessel departing without clearance.
29. Penalty for clearing without certificate.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
4 Chap. 50:06 Harbours

ARRANGEMENT OF SECTIONS—Continued
SECTION

LICENSING OF BOATS AND BOATMEN


30. Licences to boats.
31. Licences to unattached boatmen.
32. Duration of licence.
33. Register of licensed boats.
34. Licence fees for boats and boatmen.
35. Penalty on plying without a licence.
36. Penalty on not wearing badge.
37. Penalty on transfer of boatman’s badge.
38. Return of badges at expiration of licence.
39. Leaving boat unattended.
40. Unlawful user of licensed boat.
41. Crew of boats.
42. Withdrawing boat’s licence.
43. Equipment of boats.
44. Fares and Regulations.
Disputes between boat owners and boatmen.
45. Offences by boatmen.
46. Enforcing payment of boat fares.
47. Making fast unattended boat.
48. Places where boats may be made fast.

SALE OF VESSELS
49. Mode of realising securities on vessels.

OFFENCES AND PROCEDURE


50. Offences by seamen.
51. Harbour to be part of Trinidad and Tobago.
52. Offences.
53. Procedure and recovery of penalties.

ADMIRALTY JURISDICTION OF HARBOUR MASTER


54. Jurisdiction of Harbour Master in cases of collision.

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 5

SECTION

55. Harbour Master’s Admiralty cause book.


56. Assessors in Admiralty causes.
57. General Rules in Admiralty causes.
58. Transfer of causes from Harbour Master to High Court.
Procedure.
Publication of orders.
59. Power of Harbour Master to enforce orders.
60. Power to administer oaths.
61. Jurisdiction of Harbour Master.

INQUESTS
62. Inquests as to deaths in harbours.

MISCELLANEOUS
63. Regulations.
64. Publication of Regulations.
65. Publication of Act and Table of fares.

SAN FERNANDO HARBOUR


66. Application of sections 67 and 68.
67. Application of licence fees.
68. Application of penalties.

SCHEDULE.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
6 Chap. 50:06 Harbours

CHAPTER 50:06

HARBOURS ACT

1950 Ed. An Act relating to Harbours.


Ch. 18. No. 1.
13 of 1880.
Commencement. [7TH OCTOBER 1880]
Short title. 1. This Act may be cited as the Harbours Act.

Interpretation. 2. In this Act—


“boatman” means any person employed in navigating or in
propelling with oars or otherwise any boat, flat or other craft;
“licensed boat” means any boat, flat or other craft licensed under
this Act;
“vessel” includes any stage, launch, flat, lighter, moses-boat,
passage-boat, bum-boat, gig, jolly-boat and any other boat
or craft.

Application 3. (1) This Act, except such parts thereof as are expressly
of Act.
limited to any particular harbour, applies to the harbours of
Port-of-Spain, San Fernando and to any other harbour established
under this Act.
President may (2) The President may by Order establish any harbour
establish
harbours. and define the limits thereof, and may alter the name or limits of
any harbour, and may declare that any harbour shall from and after
a specified day cease to be a harbour.

Harbour Masters 4. (1) There shall be in the public service such number of
and Assistant
Harbour Harbour Masters and Assistant Harbour Masters of harbours
Masters.
declared under this Act as may be required for the purposes of
this Act.
(2) The Harbour Master of the harbour of Port-of-Spain
shall have all such powers and discharge all such duties as by
any Act or other law were vested in or imposed upon the
Harbour Master.

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 7

5. All owners and masters of ships entering or being within Regulations


relating to
the waters of Trinidad and Tobago shall be bound to take notice of collisions.
all Regulations for the time being in force under section 418 of the
Merchant Shipping Act 1894 of the United Kingdom and shall be 57 & 58 Vict.
c. 60.
bound to obey them and to carry and exhibit no other lights and to
use no other fog signals than such as are required by the said
Regulations; and in case of wilful default, the master or owner of
the ship, if it appears that he is in fault, is liable for each occasion
upon which such Regulations are infringed, to a fine of four
thousand dollars or to imprisonment for six months.

6. In case any damage to person or property arises from the Breach of


regulations to
non-observance by any ship of any regulation made by or in imply wilful
default of
pursuance of the Merchant Shipping Act 1894 of the United person in
Kingdom the damage shall be deemed to have been occasioned by charge.
57 & 58 Vict.
the wilful default of the person in charge of the deck of the ship at c. 60.
the time, unless it is shown to the satisfaction of the Court before
which the case is tried that the circumstances of the case made a
departure from the regulation necessary.

7. If in any case of collision it appears to the Court If collision


ensues from
before which the case is tried that the collision was occasioned breach of
Regulations,
by the non-observance of any regulation made by or in ship to be
pursuance of the Merchant Shipping Act 1894 of the United deemed
in fault.
Kingdom the ship by which the regulation has been infringed
shall be deemed to be in fault, unless it is shown to the satisfaction
of the Court that the circumstances of the case made a departure
from the regulation necessary.

8. All vessels having drogher’s certificates, when under sail Flags of


droghers.
or steam within the waters of Trinidad and Tobago between the
hours of sunrise and sunset, shall carry at the mast-head, or if vessels
having more than one mast, at the foremast-head, a flag to be
prescribed by the President, in default whereof the master of the
vessel is liable to a fine of forty dollars for each offence.

9. Every vessel coming to anchor in any harbour shall take a Vessels


anchoring.
clear berth in such manner that the vessel when at anchor shall be

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
8 Chap. 50:06 Harbours

and swing clear of all other vessels and their cables and moorings,
and in case of any contravention of this section the master of the
vessel is liable to a fine of four hundred dollars.

Directions as to 10. The Harbour Master of any harbour, if he thinks it proper


anchorage.
and necessary for the safety of the shipping and convenience of
the public, may order the master of any vessel arriving in such
harbour to come to anchor at any particular place in the harbour
pointed out by such Harbour Master, and may order the master of
any vessel which has already come to anchor within the harbour to
remove such vessel from the place where she is anchored to some
other place pointed out by such Harbour Master, and any master
of a vessel who refuses or neglects to obey any such order is, for
every such offence, liable to a fine of four hundred dollars.

Visit to vessels 11. (1) Every Harbour Master shall visit every vessel coming
on arrival.
into his harbour from any place out of Trinidad and Tobago before
or immediately after she comes to anchor, except where a vessel
comes to anchor after sunset, in which case the Harbour Master
shall visit her on the following morning as soon after sunrise as is
practicable. A vessel until visited shall keep her ensign flying.
(2) Any master or person in charge of a vessel coming
into a harbour who, when hailed by the Harbour Master and
required to do so, refuses or neglects to heave-to so as to enable
the Harbour Master to come on board, is liable to a fine of four
hundred dollars.
(3) The powers by this section vested in the Harbour
Master may be exercised by an Assistant Harbour Master or any
person acting under the authority of one of them.

Particulars to 12. (1) Immediately after any vessel has been visited, the
be entered by
Harbour Master Harbour Master shall make in a book to be kept by him for that
on visiting
vessel. purpose, an entry specifying the country, description, name and
[4/1983]. tonnage of the vessel, the name and description of the master, and
the number, description and names of the passengers on board,
and also a description of the cargo in general terms; and for the
purpose of making such entry he may order the master or person

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 9

in charge of the vessel to give him such information as he


requires, and to answer such questions as he puts, and to sign his
name to such entry; and any such master or person in charge who
refuses, or without reasonable cause omits, to comply with any
such order, or gives any false information, or answers untruly to
any questions put to him under this section, is liable to a fine of
one thousand dollars.
(2) The Harbour Master shall, without delay, make a
return to the Minister specifying the particulars of the entry made
by him, which return shall be in such form as the Minister from
time to time directs.

13. (1) In the case of any vessel arriving in the waters of Going on
board or
Trinidad and Tobago, no person, except officers of Customs or the communicating
visiting officer acting under the Quarantine Act or the pilot or pilot’s before Harbour
Master’s visit.
assistant, shall, before such vessel has been boarded by a Harbour Ch. 28:05.
Master or Assistant Harbour Master or some person acting under
the authority of one of them, do, without the written permission of
a Harbour Master or such visiting officer as aforesaid, any of the
following things, that is to say, go on board such vessel or by any
rope or boat-hook or in any other way communicate with her, or
receive any letters, papers or packages from her.
(2) All boats shall lie away from her and at such a
distance as not to interfere with the free passage of the Harbour
Master’s boat.
(3) Any person who contravenes this section, and any
boatman or other person having charge of a boat who contravenes
this section, is liable to a fine of two hundred dollars, and any
such boat may be seized and detained as a security for the payment
of such fine.

14. Any person who lands from or leaves any vessel arriving Landing before
Harbour
in the waters of Trinidad and Tobago before she has been visited Master’s visit.
by a Harbour Master or Assistant Harbour Master, or some person
acting under the authority of one of them, is liable to a fine of two
hundred dollars, and the master or person in charge of such vessel
is liable to a fine of four hundred dollars for every person who so
lands from or leaves the vessel.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
10 Chap. 50:06 Harbours

Vessel in 15. The master or person in charge of any vessel which remains
harbour more
than three days. in any harbour for more than three days shall cause the jib-boom
of such vessel to be rigged in; and in case of any contravention of
this section he is liable to a fine of two hundred dollars and is also
liable to make good any damage that may be caused to any other
vessel by reason of such default.

Buoys over 16. The master or person in charge of any vessel shall keep a
anchors.
buoy constantly fixed to every anchor which the vessel lets go, so
as to show the position of the anchor. In case of any contravention
of this section, the master or person in charge of the vessel is liable
to a fine of two hundred dollars, and such fine shall also be charged
upon the vessel.

Regulation as to 17. Flats, lighters, rafts, stages and boats belonging to or used
flats, etc.,
serving a vessel. in the service of any vessel in any harbour, whether in delivering
or taking away goods or passengers or otherwise, shall not be
moored under the stern, but alongside such vessel, and not at a
greater distance than twelve metres therefrom. In case of any
contravention of this section, the master or person in charge of the
vessel, and also any other person by whom or by whose order this
section may have been contravened, is liable to a fine of four
hundred dollars.

Impeding access 18. (1) No launch, flat, lighter, drogher, boat or other craft
to wharves or
landing places. shall be stationed or remain in such a position as to impede any
ship in its approach to or departure from any pier, landing place or
wharf. In case of any contravention of the provisions of this
subsection the person in charge of such offending craft or vessel is
liable to a fine of four hundred dollars.
(2) The Harbour Master of any harbour, in any case in
which he considers that a vessel is stationed or remaining in such
a situation as to contravene this section, may order the master or
person in charge of the vessel to remove it so as to conform to this
section. Any master or person in charge of a vessel who refuses or
neglects to obey such order forthwith is liable to a fine of four
hundred dollars.

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 11

19. No vessel shall be made fast to any public buoy in any Protection
of buoys.
harbour. Any master of a vessel who contravenes this section is
liable to a fine of four hundred dollars, and also liable to pay, in
respect of any damage caused to the buoy, such sum as a Magistrate
may award, to be recovered, applied and accounted for in the
same manner as a fine. Such fine and sum shall also be charged
upon the vessel.

20. No person shall, in the waters of any harbour, except on a Heating


inflammable
boat or floating stage, no part of which boat or stage is within matter in
harbour.
seven and a half metres of any vessel, or on a wharf, boil or heat
by fire any pitch, tar, oil, resin or other inflammable matter. Any
person who contravenes this section, and also the master or person
in charge of any vessel on which, and the person in charge of any
boat or floating stage on which, any such contravention takes place
is liable to a fine of one thousand dollars.

21. Any person who throws any ballast or any stones, sand, Throwing
ballast, etc., in
gravel, dirt or rubbish into the Gulf of Paria, at any place where shallow water.
there is less depth of water than eighteen metres, is liable to a fine
of two thousand dollars for every such offence; and in case such
ballast, stones, sand, gravel, dirt or rubbish are thrown from any
vessel, the master or person in charge of such vessel, in addition to
the person actually throwing the same, is liable to the same fine,
which shall also be charged upon the vessel.

22. (1) The Harbour Master of any harbour may cause any Removal of
wreck.
vessel or part of a vessel, sunk or aground in such harbour, to be
removed, and may cause the vessel, with all its tackle, apparel and
furniture, and all merchandise, goods and articles found on board,
or such part as is preserved, to be sold by public auction, and, after
deducting all the expenses of removal and sale, shall pay the
balance, if any, to the Comptroller of Accounts, for the use of the
owner if claimed within the period of twelve months from the sale,
and if not claimed within such period for the use of the State; and
if the expenses of removal and sale exceed the proceeds of sale,
the Harbour Master may, by an action at law, recover them from
the owner or any part owner of the vessel.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
12 Chap. 50:06 Harbours

(2) Where the owner or a part-owner, or the agent of such


owner or part-owner, of any vessel or part of a vessel sunk or
aground as mentioned above, is resident in Trinidad and Tobago,
and can with reasonable diligence be found, the Harbour Master
shall not remove such vessel under the powers of this section unless
he has given such owner, part-owner or agent, or left at his usual
or last known place of abode or business, a notice in writing
requiring him to remove the same, and allowing for that purpose
such time as the Harbour Master thinks reasonable.
Hauling up 23. (1) No person shall haul up or place for repair or otherwise
vessel.
any vessel on any public wharf, jetty or slip in any harbour without
the permission of the Harbour Master.
(2) Any person who contravenes this section is liable to a
fine of one hundred dollars for every such offence, and every vessel
in respect of which this section is contravened shall be charged
with the payment of such fine, and may be seized and removed by
the Harbour Master or any person acting under his authority.

Encumbering 24. No sand, shingle, ballast, stones, gravel, coals, bricks, tiles
wharves.
or loose earth shall be deposited so as to be within three metres of
the edge of any wharf. The owner of anything in respect of which
any contravention of this section takes place is liable to a fine of
forty dollars for every day during which such contravention
continues, and every such thing shall, from day to day as such
fines accrue, be charged with the payment thereof.

Making fast 25. No person shall, in any harbour, make fast or cause to be
to wharves.
made fast any vessel, except gigs, bum-boats, jolly-boats or other
such small boats, in such manner that such vessel lies alongside or
close to any wharf or jetty, except during such time as such vessel
is actually taking in or discharging cargo. Any person who
contravenes this section is liable to a fine of one hundred dollars,
which shall be charged upon the vessel.

Clearing out 26. The owner or other person in charge of any vessel in any
stagnant water.
harbour shall keep the vessel at all times free and clear from
stagnant water, and any owner or person in charge of any vessel
who refuses or neglects, within the space of twenty-four hours

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 13

after having been duly notified to that effect by the Harbour Master
or Assistant Harbour Master, to clear out the stagnant water from
the vessel, is liable to a fine of one hundred dollars; and if such
fine is not forthwith paid, or if any vessel is found by the Harbour
Master or Assistant Harbour Master having stagnant water in it,
and such Harbour Master is unable to find the owner or person in
charge of it, the Harbour Master may seize the vessel, which shall
thereupon be charged with the payment of the said fine.

27. No vessel shall receive a clearance from the Comptroller Restriction on


clearance at
of Customs and Excise or any other officer of Customs except Customs.
upon the production of a certificate from a Harbour Master
certifying that all things required by this Act or by any Act of
Parliament of the United Kingdom in force at the commencement
of this Act relating to merchant shipping, to be complied with
previous to the departure of such vessel have been complied with.

28. Where the Harbour Master or Assistant Harbour Master Power to stop
vessel departing
has reasonable grounds to believe that any vessel is about to depart without
clearance.
contrary to a direction given by the Harbour Master under this
Act, or without being duly cleared by the Comptroller of Customs
and Excise or other proper officer of Customs, the Harbour Master
or Assistant Harbour Master may stop and detain the vessel, and
for this purpose may use the assistance of any other persons as he
thinks fit, and if necessary may use force.

29. If the master of any vessel departs or sails from any port Penalty for
clearing without
in Trinidad and Tobago, or if the agent of any vessel clears or certificate.
causes any such vessel to be cleared, without a certificate from a
Harbour Master certifying that all things required to be complied
with by—
(a) this Act;
(b) any Act of Parliament of the United Kingdom in
force at the commencement of this Act relating
to merchant shipping;
(c) the Immigration Act, Ch. 18:01.

have been respectively complied with, every such master or agent


is liable to a fine of four hundred dollars.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
14 Chap. 50:06 Harbours

LICENSING OF BOATS AND BOATMEN

Licences to 30. The Harbour Master of any harbour may, upon the
boats.
application of the owner of any boat, flat or other craft, and upon
being satisfied as to the safety and fitness of such boat, flat or
other craft, and upon proof to his satisfaction by statutory
declaration or otherwise that the applicant is the owner, and upon
payment of the fees specified in this Act, grant a licence in respect
of such boat, flat or other craft, which licence shall be dated, and
may be in the following form:

TRINIDAD AND TOBAGO.


Harbour of
Boat Licence, No.

A.B. is hereby licensed as the owner of a boat plying for hire in this harbour.

This licence commences on the ..................... day of ..............., 20.....,


and expires on ........................
Harbour Master.

The Harbour Master shall number every such licence with a


distinct and particular number, and shall keep a register of all
such licences.
Licences to 31. The Harbour Master of any harbour may, on the application
unattached
boatmen. of anyone whom he considers a proper person, and upon payment
of the fees specified in this Act, grant to such person a licence to
ply as a boatman in such harbour, which licence shall be dated,
and may be in the following form:

TRNIDAD AND TOBAGO.


Harbour of
Boatman’s Licence, No.

A.B. is hereby licensed to ply as boatman in this harbour.

This licence commences on the ...................day of ............., 20....., and


expires on ........................
Harbour Master.

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 15

The Harbour Master shall number every such licence with a


distinct and particular number, and shall keep a register of all such
licences, and shall deliver to every boatman a badge to be constantly
worn by such boatman when employed or plying. The badge shall
be of such form and materials, and be worn in such manner, as is
from time to time directed by the Harbour Master.

32. Every licence under this Act to a boat, flat or other craft, Duration of
licence.
or to a boatman, shall commence on some day not later than one
month from the date thereof, and shall continue in force until the
1st January next after such commencement, or until such earlier
day as the Harbour Master granting the same thinks fit.

33. Every Harbour Master shall keep a register in which he Register of


licensed boats.
shall enter the name and place of residence of the owner of every
licensed boat and of all licensed boatmen and the dates when such
licences were granted. The register may be inspected by any person
between the hours of eight o’clock in the morning and four o’clock
in the afternoon on payment of the fee of twenty-five cents.

34. (1) The fees set out in the Schedule shall be payable in Licence fees for
boats and
respect of boatmen and boats licensed under this Act. Such fees boatmen.
Schedule.
shall be paid to the Harbour Master issuing the licence. The fees
paid to the Harbour Master of San Fernando shall, subject to
section 66, be for the use of the San Fernando City Corporation;
the fees payable in all other cases shall be paid to the Comptroller
of Accounts.
(2) Parliament may from time to time by resolution amend
or repeal the fees set out in the Schedule. Schedule.

35. Any person who, within the limits of any harbour and Penalty on
plying without a
without having a licence in force under this Act, keeps any boat licence.
for the purpose of carrying passengers for hire, or plies as a
boatman, is liable on first conviction to a fine of one hundred
dollars, and on any subsequent conviction to a fine of four
hundred dollars.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


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16 Chap. 50:06 Harbours

Penalty on not 36. Any person who plies as a boatman in any harbour and
wearing badge.
not wearing the badge given to him by the Harbour Master pursuant
to this Act is liable to a fine of one hundred dollars.

Penalty on 37. Any boatman to whom any badge is delivered pursuant


transfer of
boatman’s to this Act who transfers such badge to any other person, or
badge.
allows the same to be worn by any other person, and any person
who wears any such badge not being the person to whom the
same was delivered pursuant to this Act, is liable to a fine of one
hundred dollars.

Return of 38. Every person to whom any boatman’s badge is delivered


badges at
expiration of shall be bound, at the expiration of the term of the licence granted
licence.
to such person, to return such badge to the Harbour Master; and if
any such badge is not so returned within forty-eight hours after
such term has expired, the person to whom the same was delivered
is liable to a fine of two hundred dollars, and any person found
using or wearing any such badge after the expiration of the term of
the licence is liable to a fine of two hundred dollars.

Leaving boat 39. Where any licensed boat is, without the consent of the
unattended.
Harbour Master, left without any licensed boatman remaining in
it, the owner of such boat is liable to a fine of forty dollars.

Unlawful user 40. (1) Any person who uses any licensed boat without the
of licensed boat.
consent of the licensed owner of the boat is liable for each offence
to a fine of one hundred dollars. A person shall not be convicted
under this section if he proves either—
(a) that he had reasonable cause to believe and did in
fact believe in good faith that the owner of the
licensed boat would, had he been present, have
consented to the licensed boat being used in the
manner in which it was used; or
(b) that he had reasonable cause to believe and did in
fact believe in good faith that he had a right to
use the licensed boat.
(2) If any person is convicted under this section, the
Harbour Master may, if he thinks fit, either in addition to or without

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Harbours Chap. 50:06 17

inflicting any punishment, order that the person convicted pay to


the owner of the licensed boat either or both of the following sums:
(a) such sum as, in the opinion of the Harbour Master,
would have been charged if the licensed boat had
been hired by the person convicted;
(b) such sum as, in the opinion of the Harbour Master,
represents fair compensation for any damage done
to the licensed boat.

41. Every licensed boat shall, when employed or plying for Crew of boats.
passengers, be manned by two licensed boatmen. In case of any
contravention of this section, the owner of the boat and every
boatman employed in the boat or plying with it is liable to a fine of
one hundred dollars.

42. Where it appears to any Harbour Master that any licensed Withdrawing
boat’s licence.
boat is out of repair or unseaworthy, or otherwise unsafe, such
Harbour Master may cause a notice in writing to be served on the
owner or person in charge of the boat that the licence of the boat is
cancelled, and thereupon such licence shall become void. Any
person using or employed in or plying with any boat the licence of
which is cancelled, is deemed to be using or employed in or plying
with an unlicensed boat, and is punishable accordingly.

43. Every licensed boat shall have the number of its licence, Equipment
of boats.
and the name of its owner, and a Table of the fares authorised to be
taken under this Act painted on the boat or affixed to it in
conspicuous characters, and so as to be easily read by a passenger;
and when employed or plying, the boat shall be furnished with
four good oars and also with a rudder, tiller, and spare thole-pins
of hardwood or iron, and a bucket or other utensil proper for bailing.
In case of any contravention of this section, the owner of the boat
is liable to a fine of one hundred dollars.

44. (1) The Harbour Master of each harbour shall prescribe a Fares and
Regulations.
Table of fares to be taken in respect of licensed boats hired in the [4/1983].
harbour, but such Table shall have no force unless and until it is
approved by the Minister.

UNOFFICIAL VERSION L.R.O. 1/2006

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18 Chap. 50:06 Harbours

(2) The Harbour Master of each harbour may from time


to time make Regulations for maintaining order in reference to
boats, boatmen, porters and persons exercising the calling of porters
in or near the harbour. Such Regulations shall have no force until
they are approved by the Minister. Any person contravening any
such regulation is liable to a fine of two hundred dollars. Any police
officer may take into custody any person whom he finds
contravening any such regulation, and detain such person until he
can be brought before the Harbour Master or a Magistrate.
Disputes (3) The Harbour Master shall have jurisdiction to settle
between boat
owners and all disputes between the owner of a licensed boat and any licensed
boatmen. boatman as to the accounting for or division of any fare received
in respect of the user or hire of the licensed boat where the amount
in dispute does not exceed nine dollars and sixty cents, and for
that purpose to order the payment of such sum not exceeding that
amount as in the opinion of the Harbour Master shall be due from
either party to the other.

Offences by 45. The following persons shall be guilty of offences against


boatmen.
this section:
(a) any boatman who demands or takes from any
person more than the prescribed fare;
(b) any boatman who, between the hours of
six o’clock in the morning and six o’clock in
the evening of any day except Sunday, wilfully
refuses or avoids, or attempts to avoid, any fare
or passenger, or who, on any day except Sunday,
without reasonable cause, refuses or neglects to
ply, or who untruly represents that he is hired or
engaged, or who does not answer when called
by the number of his boat;
(c) any boatman who plies any fare or passenger, and
afterwards refuses to take such fare or passenger
to such place as he directs, or unnecessarily delays
any fare or passenger by not bringing up his boat
for the fare or passenger to get into it, or who
continues at any quay, wharf or landing place after

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Harbours Chap. 50:06 19

the fare or passenger is in his boat, or does not


proceed with due diligence and exertion, and
without any wilful hindrance or delay, to such
place as the said fare or passenger directs;
(d) any boatman who in any manner hinders or
prevents, or attempts to hinder or prevent, any
person from reading the name, number or Table
of fares painted on or affixed to any licensed boat,
or who refuses to tell his given name or surname,
or the number of his boat, or the number of his
licence, to any person who, on paying any fare or
sum demanded as fare, requires the same; and
any boatman who uses any indecent, scurrilous
or abusive language to any passenger or person
desirous of hiring a boat, or who wilfully obstructs
or hinders any person desirous of approaching any
boat or boatman.
Any person guilty of any offence under this section is liable to
a fine of two hundred dollars.

46. If any person having employed any licensed boat neglects Enforcing
payment of
or refuses to pay the fare lawfully demanded of him, the Harbour boat fares.
Master or any Magistrate, on complaint made before him, may
cause such person to be summoned before him, at some reasonable
time to be named in the summons, to show cause why he should
not pay the fare demanded of him, and such Harbour Master or
Magistrate shall hear and determine the complaint, and may for
such purpose summon and examine any witness; and if it is made
to appear that the fare demanded is the proper fare and ought to
have been paid by such person, such Harbour Master or Magistrate
shall order such person to pay to the boatman the said fare and the
costs of the proceedings, and also if he thinks fit such further sum,
not exceeding five dollars as he thinks ought reasonably to be paid
to the boatman for his loss of time; and in case such person does
not forthwith pay to the boatman such fare, costs and sum of money,
the Harbour Master or Magistrate may commit such person to
prison, there to be kept in custody for such period not exceeding

UNOFFICIAL VERSION L.R.O. 1/2006

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20 Chap. 50:06 Harbours

fifteen days as the Harbour Master or Magistrate thinks fit, unless


such fare, costs and sum of money, the total amount of which shall
be stated in the warrant of commitment, be sooner paid.
Making fast
unattended boat.
47. No licensed boat shall, in any harbour, be made fast to any
wharf or jetty whatsoever unless the boatmen belonging to such
boat are actually in attendance, and if any boat is made fast contrary
to this section it may be seized and detained by the Harbour Master
or any person acting under his orders and made fast in any place
that the Harbour Master directs, and detained until the sum of one
dollar and twenty cents in respect of the expenses of the removal,
seizure and detention are paid; and if such sum is not paid within
twenty-four hours after the seizure, a further daily sum of sixty
cents shall be payable for every day or part of a day after the
expiration of the first twenty-four hours until the total sum payable
amounts to four dollars and eighty cents, when no further daily
sum shall be payable, but the boat shall be charged with the payment
of the said sum of four dollars and eighty cents and may be dealt
with accordingly.
Places where 48. In no case shall a licensed boat be made fast, moored or
boats may be
made fast. placed, except in such place or places as the Harbour Master
appoints, and any boatman who refuses or wilfully neglects to obey
any order of the Harbour Master respecting the making fast,
mooring, placing or removing of his boat is liable to a fine of one
hundred dollars.

SALE OF VESSELS
Mode of 49. Where any property (vessel or other property) is under
realising
securities on this Act charged with the payment of any sum of money, it may be
vessels.
seized and detained by any Harbour Master or person authorised
by him, and such Harbour Master may, at any time after the
expiration of six days from the day of such seizure, if the amount
of money charged upon the property and the expenses of and
incident to the seizure and detention remain unpaid, sell such
property by public auction subject to any reserved bid, stipulations
or conditions which he thinks proper, with power from time to
time to buy in or adjourn the sale; and out of the moneys arising

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from any such sale he shall in the first place pay all the expenses
of and incident to the seizure, detention and sale, and in the next
place deduct the sum of money with which the property sold was
charged and pay the same to the Comptroller of Accounts for the
use of the State, and pay the balance to the Comptroller of Accounts
upon trust for the person or persons entitled to the property sold
according to their respective rights and interests, provided that a
claim by such person or persons is made and established to the
satisfaction of the Comptroller of Accounts within the period of
three months from such payment in, after the expiration of which
period the sum paid in or any unapplied balance thereof shall be
carried to the account of general revenue.

OFFENCES AND PROCEDURE


50. (1) All offences which, under the Merchant Shipping Offences by
seamen.
Act 1894 of the United Kingdom, are punishable summarily in 57 & 58 Vict.
c. 60.
Trinidad and Tobago may be heard and determined by any
Magistrate, and the provisions of the Summary Courts Act shall Ch. 4:20.
apply to such offences.
(2) The power vested by section 223(4) of the said Act of
the United Kingdom in any Justice may be exercised by any Justice
in Trinidad and Tobago.

51. For the purpose of giving jurisdiction to all Courts, and to Harbour to be
part of Trinidad
all Judges, Magistrates and Justices, every harbour shall be deemed and Tobago.
to be part of Trinidad and Tobago; and all complaints in respect of
any offences committed in any harbour which are punishable on
summary conviction shall be heard and determined by a Magistrate.

52. Every act in respect of which any penalty is imposed by Offences.


this Act, or any sum of money is made recoverable as a penalty,
shall be an offence against this Act.

53. (1) All offences under this Act may be prosecuted, and Procedure and
recovery of
all penalties incurred may be imposed or recovered, in the manner penalties.
Ch. 4:20.
provided by the Summary Courts Act.

UNOFFICIAL VERSION L.R.O. 1/2006

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22 Chap. 50:06 Harbours

(2) The jurisdiction to settle disputes conferred on the


Harbour Master may be exercised in the manner provided by the
Ch. 4:20. Summary Courts Act.
(3) Offences for which the fine or penalty does not exceed
two hundred dollars may be dealt with by the Harbour Master,
who for that purpose, and for the purposes of his jurisdiction to
settle disputes between boat owners and boatmen, shall have all
the powers and privileges of a Magistrate.

ADMIRALTY JURISDICTION OF HARBOUR MASTER


Jurisdiction of
Harbour Master
54. (1) The Harbour Master of every harbour shall have
in cases of Admiralty jurisdiction in all causes of damage by collision where
collision.
the amount claimed does not exceed one hundred and ninety-two
dollars and the collision took place within his harbour.
(2) All such causes may be heard and determined in a
summary way and, if the Harbour Master sees fit, without issuing
any summons or other process in personam or in rem, so always
that the statement of the party complaining be taken on oath, and
that the Harbour Master before making any final order gives to the
parties interested in the vessel complained of an opportunity of
answering the complaint, and the Harbour Master may, if he sees
fit, and shall, if required by any party, take evidence on oath.

Harbour 55. A cause book shall be kept by every Harbour Master in


Master’s
Admiralty which causes brought before him in his Admiralty jurisdiction shall
cause book.
be entered, and such causes shall be numbered consecutively in
each year according to the order in which the same are commenced;
and the date of the complaint being laid, the names of the party
complaining and of the ship or party complained against, the nature
of the complaint, the names of the witnesses, and the mode in
which the cause is disposed of, and such other particulars (if any)
as are directed by general Rules under this Act, shall be entered in
such cause book.

Assessors in 56. A Harbour Master in exercising Admiralty jurisdiction


Admiralty
causes. under this Act may, if he thinks fit, summon to his assistance an

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Harbours Chap. 50:06 23

assessor or two assessors, but he shall not be bound to decide


according to their opinion. Every assessor under this section shall
be a ship master or ship carpenter.

57. The Harbour Master of the harbour of Port-of-Spain may General Rules
in Admiralty
make general rules regulating the practice and procedure in causes.
Admiralty causes under this Act, the fees to be paid, and the costs
to be allowed, and the remuneration to be given to assessors; but
no such rule imposing fees or regulating the disposal of any fees
shall have any effect unless and until it is approved by the President.

58. (1) Notwithstanding anything in this Act, but subject to Transfer of


causes from
any general orders made under this section, a Judge of the High Harbour Master
to High Court.
Court, in the exercise of its Admiralty jurisdiction may, at any
stage of an Admiralty cause instituted before a Harbour Master,
order the same to be transferred to the High Court.
(2) The Rules Committee established by the Supreme Procedure.
Ch. 4:01.
Court of Judicature Act may make Rules of Court prescribing any
matter of procedure that is necessary or expedient for the purposes
of any of the provisions of this Act.
(3) All such Rules of Court made under this Act shall be Publication of
orders.
published in the Gazette.

59. Every Harbour Master shall, for the purpose of enforcing Power of
Harbour Master
any judgment or order, have such powers of detaining and selling to enforce
orders.
vessels and such other powers as are, at the time of the giving of
such judgment or the making of such order, vested in the High
Court in the exercise of its Admiralty jurisdiction.

60. Every Harbour Master shall, in all Admiralty causes and Power to
administer
in all other judicial proceedings before him, have power to oaths.
administer an oath.

61. Every Harbour Master, as to all matters happening within Jurisdiction of


Harbour Master.
his harbour and for the purpose of taking any statutory declaration,
shall have all the powers and jurisdiction which, by any Act or
other law are vested in any Magistrate or Justice, and is entitled to

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


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24 Chap. 50:06 Harbours

the same protection, privileges and immunities as a Magistrate or


Justice, and such powers and jurisdiction may be exercised by the
Harbour Master in any place in Trinidad and Tobago, whether
within the limits of his harbour or not.

INQUESTS
Inquests as to 62. For the purposes of any Act relating to Coroners, every
deaths in
harbours. harbour shall be deemed to be in the district of such duly qualified
medical practitioner as has been appointed to be District Medical
Officer thereof, and the Harbour Master shall, as to all matters
happening in his harbour, have all the powers and jurisdiction and
discharge all the duties of a Coroner.

MISCELLANEOUS
Regulations. 63. (1) The President may make Regulations respecting—
(a) the use of the piers, wharves and jetties in any
harbour;
(b) the places in any harbour where the making fast
of vessels or the landing of passengers or goods
is prohibited or allowed only subject to
restrictions specified in such Regulations;
(c) the forms to be used in respect of the arrivals and
departures of vessels;
(d) the colours to be shown by any vessel which, after
having been boarded in any harbour, arrives in
another harbour;
(e) the place and manner in which the particulars
required by this Act, and any other particulars
which he may direct, shall be painted or otherwise
shown on licensed boats, and the times at and the
circumstances under which they are to be
repainted or otherwise renewed;
(f) the carrying of lights by vessels, and the doing of

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Harbours Chap. 50:06 25

all such other things as the President may think


necessary for better ensuring the safety of persons
and vessels within all harbours;
(g) such other things as are by the Act required to be
prescribed by the President; and
(h) generally for the purpose of enforcing the
provisions of this Act.
(2) Any such Regulations may impose penalties in respect
of any breach thereof, whether by act or default, so that such
penalties do not exceed two hundred dollars for any one breach,
and may direct that any vessel or boat, or any goods in respect
whereof any such breach takes place, be charged with the payment
of such penalty. Such Regulations shall have the same effect and
may be enforced in the same manner as if they were contained in
this Act.

64. All general rules as to the Admiralty jurisdiction of any Publication of


Regulations.
Harbour Master, and all regulations by the Minister or by a Harbour [4/1983].
Master made under this Act, shall be published in the Gazette.

65. Every Harbour Master shall cause a Table of boat fares Publication of
Act and Table
and a printed copy of this Act to be hung up in his office in of fares.
some conspicuous place. He shall also supply to any person
copies of the said Table of fares and of this Act on payment of the
following sums:

For every Table of fares … … Twenty-five cents.


For every copy of this Act … … Fifty cents.

SAN FERNANDO HARBOUR


66. Sections 67 and 68 shall be applicable to the harbour of Application of
sections 67
San Fernando only. and 68.

67. The Harbour Master shall, before the end of the months Application of
licence fees.
of January and July, make a return to the San Fernando City
Corporation of all licences granted by him, whether in respect of

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


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26 Chap. 50:06 Harbours

boats or boatmen in the harbour of San Fernando, during the half-


year ending on the last day of the preceding month, and of the
names of all persons to whom he granted such licences, and of the
amount of the fees for such licences; and, after deducting the cost
of badges and all other expenses incident to the granting of such
licences, shall hold the balance of such amount in trust to pay the
same over to the Chief Executive Officer and Treasurer of San
Fernando City Corporation for the use of the said Corporation.
The Harbour Master shall be allowed all expenses actually and in
good faith paid or incurred by him, and shall not be liable for any
loss unless the same happened by his wilful act or default.

Application of 68. Every penalty recovered under this Act in respect of


penalties.
anything done or omitted in the harbour of San Fernando, after
deducting all costs of suing for and recovering the same, shall be
paid as follows, that is to say, one moiety to the Chief Executive
Officer and Treasurer of the San Fernando City Corporation for
the use of the said Corporation, and the other moiety to the
Comptroller of Accounts for the use of the State. The President
may remit the whole or any part of any such penalty or of any
imprisonment in default of payment thereof.

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Harbours Chap. 50:06 27

*SCHEDULE Section 34.

FEES PAYABLE FOR LICENSED BOATMEN AND BOATS

$
BOATMEN:
For every licensed boatman … … … … 0.60

BOATS:
For each licensed boat designed to carry not more than
10 passengers … … … … … 1.20
More than 10 but not more than 15 passengers … … 1.80

" " 15 " " 20 " " … … 3.60


" " 20 " " 40 " " … … 7.20
" " 40 passengers … … … … 9.00

*This was the Schedule theoretically in force on 31st December 1980. However at that date it had
long been outdated and was not in fact being applied. It is hoped that by the time this is published
steps will have been taken to replace it.

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28 Chap. 50:06 Harbours

SUBSIDIARY LEGISLATION

ESTABLISHMENT OF HARBOURS ORDER


made under section 3(2)

Citation. l. This Order may be cited as the Establishment of


Harbours Order.

Establishment 2. The areas defined in the Schedule are established as


of harbours.
Schedule. harbours for the purpose of the Act under the respective names
specified in the Schedule.

SCHEDULE
Proc. 28 of PORT-OF-SPAIN HARBOUR
1945.
228/1945.
The Port-of-Spain Harbour shall be as follows:
So much of the Gulf of Paria as is enclosed by an imaginary line drawn
from Martin Point on the Mainland to the Eastern-most point of Nelson
Island, thence due South to Latitude 10˚ 36' 24" North and thence due East
to the Mainland.

Proc. 34 of SCARBOROUGH HARBOUR


1900.
G. 18.10.1900.
The Scarborough Harbour shall be as follows:
Any part of Rocky Bay not at a greater distance from the shore than one
nautical mile, not further East than a line drawn South from the Lodge Point,
and not further West than a line drawn South from Lambeau Point.

Proc. 1 of 1959. SAN FERNANDO HARBOUR


4/1960.
The San Fernando Harbour shall be as follows:
Such part of the Gulf of Paria as is comprised within a radius of 31/2 nautical
miles from the Customs House of San Fernando.

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Harbours Chap. 50:06 29
Establishment of Harbours Order [Subsidiary]

BRIGHTON HARBOUR Proc. 8 of 1967.


107/1967.

The Brighton Harbour shall be as follows:


All that portion of the Gulf of Paria enclosed by an imaginary line drawn
from Point Galba in a direction 319° 15' (T) to a position in Latitude 10° 16'
35.8" N—
Longitude 61° 40' 13.2" W. to Latitude 10° 17' 05.4" N—
Longitude 61° 39' 41.0" W. to Latitude 10° 15' 22.0" N—
Longitude 61° 38' 10.5" W. to Latitude 10° 16' 00" N—
Longitude 61° 36' 50" W. to Latitude 10° 16' 52" N—
Longitude 61° 36' 59" W. to Latitude 10° 16' 56.6" N—
Longitude 61° 26' 29.0" W. to Latitude 10° 15' 48" N—
Longitude 61° 36' 17" W. to Latitude 10° 15' 03" N—
Longitude 61° 37' 05" W. thence due South to the land.

POINT LISAS HARBOUR Proc. 9 of 1965.


78/1965.
162/1981.
The Point Lisas Harbour shall be as follows:
All that portion of the Gulf of Paria bounded as follows:
(i) to the North—by the line of latitude 10° 25.1' North;
(ii) to the West—by the line of longitude 61° 32.1' West
extending southwards to the point of intersection with
the line of latitude 10° 21.9' North;
(iii) to the South—by the line of latitude 10° 19.8' North
extending westwards to the intersection of Longitude
61° 28.53' West—the line produced to join the
southernmost point of the western boundary and the
westernmost point of the southern boundary;
(iv) to the East—by the high water mark of the shoreline
between the northern and southern boundary lines.

POINTE-A-PIERRE HARBOUR G. 17.6.76.

The Pointe-a-Pierre Harbour shall be as follows:


An area within a radius of one and three-quarter sea miles from La Cenier
Light Beacon in approximately:
Latitude—10 degrees 19' 19" North.
Longitude—61 degrees 27' 17" West.

CEDROS HARBOUR 40/2000.

The Cedros Harbour shall be as follows:


Such part of the Gulf of Paria bounded by an imaginary line drawn from a
position 10° 05' 18" North, 061° 54' 00" West due North to Latitude 10° 07' 30"
North due East to the mainland.

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30 Chap. 50:06 Harbours
[Subsidiary] Establishment of Harbours Order

40/2000. CHARLOTTEVILLE HARBOUR

The Charlotteville Harbour shall be as follows:


Such part of the Caribbean Sea enclosed by an imaginary line drawn from a
position 11° 20' 00" North, 060° 33' 31" West due East to Longitude 060° 34'
00" West thence due South to a position 11° 19' 18" North, 060° 34' 00" West
thence in a direction 111° (T) to the mainland of Tobago.

250/2000. POINT FORTIN HARBOUR

The Point Fortin Harbour shall be as follows:


Such part of the Gulf of Paria bounded by an imaginary line drawn due West
from Point Ligoure to Longitude 61° 43' 48" West thence due North to Latitude
10° 14' 12" North thence due West to Longitude 61° 44' 24" thence due North to
Latitude 10° 15' 12" then due East to Longitude 61° 41' 00" West thence due
South to the mainland.

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Harbours Chap. 50:06 31
[Subsidiary]

PORT-OF-SPAIN HARBOURS REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.
2. Boats to lie off steamers.
3. Boarding or embarking passengers.
4. Remaining alongside prohibited.
5. Conduct of boatmen.
6. Control of boats by police.
7. Obstruction.
8. Boat fares.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
32 Chap. 50:06 Harbours
[Subsidiary]

G. 25.5.17. PORT-OF-SPAIN HARBOURS REGULATIONS


[1.6.39.
186/1983].
made under section 44

Citation. 1. These Regulations may be cited as the Port-of-Spain


Harbours Regulations.
Boats to lie 2. All boats shall lie off steamers and other vessels carrying
off steamers.
passengers at a distance of not less than eighteen metres except as
hereinafter directed.
Boarding or 3. Not more than one boat shall be allowed to come alongside
embarking
passengers. at the same time for the purpose of taking in or embarking
passengers and their luggage.

Remaining 4. No boat shall be permitted to remain alongside longer than


alongside
prohibited. is actually necessary to enable the boatman to take in or embark
passengers and their luggage.

Conduct of 5. No boatman shall in any vessel lying within eighteen


boatmen.
metres or alongside of any steamer or other vessel
carrying passengers—
(a) be drunk and disorderly;
(b) make use of any violent or obscene language with
intent to provoke any person to commit a breach
of the peace;
(c) use any obscene or profane language to the
annoyance of any person; or
(d) fight or otherwise disturb the peace.

Control of 6. Any member of the Police Service, either from a patrol


boats by police.
launch or from the shore, may control all boats at or within forty-
five metres of any landing place or ship’s gangway; and the
coxswain or any person in charge or forming part of the crew of
any boat approaching, or leaving, or heaved to within forty-five
metres of such landing place or gangway shall obey all lawful
orders given by a member of the Police Service, and shall at once
move away from any landing place or from the gangway of any
ship if so ordered.

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 33
Port-of-Spain Harbours Regulations [Subsidiary]

7. Any boatman, porter or person exercising the calling of a Obstruction.

porter who obstructs the traffic on the wharves or jetties and vessels
alongside and does not move off on being directed to do so is
liable to a fine of two hundred dollars.

8. The boat fares for the Port-of-Spain Harbour shall be as Boat fares.

set out in the Schedule.*

* The Schedule has been omitted as it is long outdated and is not being enforced.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
34 Chap. 50:06 Harbours
[Subsidiary]

G. 17.9.31. SCARBOROUGH HARBOUR REGULATIONS


[75/1951
186/1983].
made under section 44

Citation. 1. These Regulations may be cited as the Scarborough


Harbour Regulations.

Boats to lie 2. All boats shall lie off steamers and other vessels carrying
off steamers.
passengers at a distance of not less than twenty metres except as
hereinafter directed.
Boarding or
embarking
3. Not more than one boat shall be allowed to come alongside
passengers. steamer or other vessel at the same time for the purpose of taking
in or embarking passengers and their luggage, and shall not be
permitted to remain longer alongside than is actually necessary.

Conduct of 4. No boatman shall in any boat lying within twenty metres


boatmen.
or alongside of any steamer or other vessel carrying passengers—
(a) be drunk and disorderly; or
(b) make use of any violent or obscene language with
intent to provoke any person to commit a breach
of the peace; or
(c) use any obscene or profane language to the
annoyance of any person; or
(d) fight or otherwise disturb the peace.

Boat fares. 5. The boat fares for the Scarborough Harbour shall be as
set out in the Schedule.*

*The Schedule (last prescribed by GN 75/1951) has been omitted as it is long outdated and is not
being enforced.

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 35
[Subsidiary]

HARBOURS GENERAL REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.

GENERAL
2. Drogher certificates.
3. Hoisting of colours.
4. Boat identification.
5. Maximum number of passengers.
6. Droghers at anchor.
7. Boats moving at night.
8. Breach of regulations.

HARBOUR OF PORT-OF-SPAIN
9. Vessels lying alongside wharves.
10. Discharge.
11. St. Vincent Jetty.
12. Stationary moorings.
13. Remaining alongside landing place.
14. Landing of articles on Jetty at Queen’s Wharf.
15. Penalty.

HARBOUR OF SAN FERNANDO


16. Landing of goods.
17. Beaching of boats.
18. Anchoring of boats.
19. Fine.

HARBOUR OF BRIGHTON (LA BREA)


20. Landing of goods.
21. Beaching of boats.
22. Open boats.
23. Anchoring of boats.
24. Fine.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
36 Chap. 50:06 Harbours
[Subsidiary]

G. 10.6.20. HARBOURS GENERAL REGULATIONS


[5.12.35.
186/1983].
made under section 63

Citation. 1. These Regulations may be cited as the Harbours


General Regulations.

GENERAL
Drogher 2. Vessels having drogher certificates when under sail or
certificates.
steam within the waters of Trinidad and Tobago between the hours
of sunrise and sunset shall carry at the masthead, or if vessels having
more than one mast, at the foremasthead, a blue flag with a white
cross in the centre.

Hoisting of 3. Vessels which have been boarded in any harbour of


colours.
Trinidad and Tobago shall on arrival in another harbour of Trinidad
and Tobago hoist their colours at the foremasthead.
In case of any contravention of this regulation the master or
person in charge is liable to a fine of forty dollars.

Boat 4. Every licensed boat shall have the number of its licence
identification.
and the initial of the harbour where it is licensed and the name of
the owner legibly painted on the stern in letters and figures not
less than forty millimetres in length, and not on a board moveable
at pleasure.
In case of any contravention of this regulation the owner is
liable to a fine of two hundred dollars.

Maximum 5. All licensed boats shall be licensed to carry a specified


number of
passengers. number of passengers and no licensed boat shall carry more than
the number so specified.
For the purpose of arriving at the number of passengers to be
carried, the Harbour Master shall allow one passenger for every
lineal half metre of seating accommodation in such boat,
provided, however, that when such accommodation is of an unusual
character he may allow such number of passengers as he may
consider adequate.

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 37
Harbours General Regulations [Subsidiary]

In case of any contravention of this regulation every boatman


in the boat is liable to a fine of two hundred dollars.

6. Droghers when at anchor at night shall exhibit a bright Droghers at


anchor.
white light visible all round the horizon.

7. Boats (licensed or not) when moving about in harbours at Boats moving


at night.
night shall exhibit a bright light carried at least one metre above
the gunwale and so fixed that it can be seen all round the compass.
This regulation applies also to fishing boats, whether moving
or stationary, when fishing within the limits of harbours, but shall
not apply to Police or Customs boats.

8. If any person by any act or default commits any breach of Breach of


regulations.
regulation 6 or 7, such person is liable to a fine of two hundred
dollars for each such breach, and the drogher, boat or vessel in
respect of which such breach was committed may be charged with
the payment of such fine.

HARBOUR OF PORT-OF-SPAIN
9. Unless otherwise provided for in these Regulations, no Vessels lying
alongside
lighter, launch, boat or coasting vessel shall lie alongside the wharves.
wharves between the hours of 6.00 p.m. and 6.00 a.m. and on
Sundays and public holidays, unless they are actually working at
such times, but shall proceed to one of the places assigned to them
hereunder; but vessels loaded at the wharves for the coast may
remain alongside after 6.00 p.m. if they are to leave during the
night immediately following such loading:
(a) Empty lighters, and water boats whether laden or
not shall anchor East of 2 black buoys in line with
the eastern side of the Railway Export Shed on
the Queen’s Wharf;
(b) Vessels with cargo for or from the Railway Export
Shed or Railway Wharf may remain alongside
such places; if for any reason they cannot remain
alongside, they shall anchor between the shore
and the two inner buoys off the Railway Export
Shed and the Harbour Master’s boathouse.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
38 Chap. 50:06 Harbours
[Subsidiary] Harbours General Regulations

(c) Small craft from the West Indian Islands and


Venezuela, coasting vessels, launches and boats
using the Queen’s Wharf, shall anchor within
the area, marked by two red buoys in line with
the eastern side of the Harbour Master’s
Boathouse and two red buoys in line with the ridge
of the Public Weighbridge Building on the
Queen’s Wharf;
(d) Lighters with cargo for the Custom House or with
cargo from the Custom House awaiting shipment
to an exporting ship shall lie alongside the
Customs Wharf or Customs Jetties. If for any
reason they cannot lie alongside, they shall anchor
within the area marked by two white buoys in
line with the eastern side of the Customs bonded
Warehouse and two white buoys in line with the
eastern jetty of the Custom House. Lighters with
lumber, coal, bricks, loose iron or machinery from
an importing ship for discharge at the public
wharves may remain alongside such wharves at
all times until discharged;
(e) Lighters with cargo loaded at the wharves or with
cargo from the coast awaiting the arrival of an
exporting ship shall anchor within the area marked
by two red buoys in line with the western jetty of
the Custom House and two red buoys in line
with the eastern side of the Customs Office on
St. Vincent Wharf. Lighters which have not
completed loading for an exporting ship shall also
anchor within this area from 6.00 p.m. to 6.00 a.m.
and on Sundays and public holidays if not
working at such times;
(f) Boats and launches using the St. Vincent Wharf,
when not employed, shall anchor within the area
marked by two white buoys off the 10-ton crane
and parallel to St. Vincent Jetty and two white

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 39
Harbours General Regulations [Subsidiary]

buoys off the foot of Richmond Street and also


parallel to St. Vincent Jetty;
(g) No vessel shall anchor in any of the above
described anchorages so that she can swing
between the wharves and the buoys nearest the
wharves or into any of the spaces between the
various anchorages which are reserved for
navigation to and from the wharves.

10. Vessels which have discharged at the wharves or Discharge.


warehouses shall remove at once to one of the anchorages assigned
to such vessels, provided however, that when such vessels are
required to take in cargo on the same day of discharge they may
remain alongside in order to secure the berth, but in no other case.

11. No vessel shall anchor in the channel leading to the St. Vincent Jetty.
St. Vincent Jetty or so that, when she swings, she shall lie nearer
than 1/2 cable from the line of buoys on the side of the channel
nearer to her.

12. No stationary moorings shall be permitted in the harbour Stationary


moorings.
without the approval in writing of the Harbour Master.

13. No vessels shall be permitted to remain alongside any Remaining


alongside
landing place except when actually taking in or landing passengers. landing place.

14. No wares, merchandise, or other articles or packages, Landing of


articles on
except small parcels and passengers’ personal baggage and Jetty at
Queen’s Wharf.
packages for the Government Steamers shall be landed on or
taken off the Jetty at Queen’s Wharf.

15. The penalty for the breach of any of regulations 9 to 14 is Penalty.

a fine of two hundred dollars.

HARBOUR OF SAN FERNANDO


16. All goods shall be landed on the wharf space between the Landing of
goods.
north side of the Government Petroleum Store and the south-east
end of the wharf, and the Harbour Master may appropriate particular

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
40 Chap. 50:06 Harbours
[Subsidiary] Harbours General Regulations

portions of this space for the landing of particular classes of goods.


Moreover, the Harbour Master may give directions as to the time
during which goods landed shall be allowed to remain when landed,
and as to particular classes of goods may require that they be
immediately removed to some adjacent ground. The Harbour
Master may also give directions as to the time during which goods
or anything deposited within six metres of the edge of the wharf
shall be allowed to remain when so deposited.
In case of any contravention of this regulation or of any
directions given by the Harbour Master thereunder the offender
shall be liable to a fine of two hundred dollars and the goods or
things in respect of which the contravention takes place shall be
charged with the payment of the fine.

Beaching 17. Boats shall be beached on such parts of the shore as the
of boats.
Harbour Master may appoint for that purpose.

Anchoring 18. No boats shall be anchored within forty-five metres of any


of boats.
part of the shore.

Fine. 19. In case of any contravention of regulations 17 and 18 the


offender shall be liable to a fine of forty dollars and the boat in
respect of which the contravention takes place shall be charged
with the payment of such penalty.

HARBOUR OF BRIGHTON (LA BREA)


Landing 20. All goods must be landed on the beach or pier between
of goods.
Point d’Or and Point Boyer, and the Harbour Master may
appropriate particular portions of this space for the landing of
particular classes of goods. Moreover, the Harbour Master may
give directions as to the time during which goods landed shall be
allowed to remain when landed, and as to particular classes of
goods may require that they be immediately after landing removed
to some adjacent ground.
In case of any contravention of this regulation or of any
directions given by the Harbour Master thereunder the offender
shall be liable to a fine of two hundred dollars and the goods in

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 41
Harbours General Regulations [Subsidiary]

respect of which the contravention takes place shall be charged


with the payment of the fine.

21. Boats may be beached on any part of the shore between Beaching
of boats.
Mr. McCarthy’s dwelling house and Point Boyer, but not elsewhere
except with the permission of the Harbour Master.

22. Fishing boats, corials and other open boats may be pulled Open boats.
up or anchored to the west of Mr. McCarthy’s dwelling house and
to the east of King’s Point, but not elsewhere.

23. No boat shall be anchored within forty-five metres of any Anchoring


of boats.
part of the shore.

24. In case of any contravention of any of the three last Fine.


preceding regulations as to boats, the offender shall be liable to a
fine of forty dollars, and the boat in respect of which the
contravention takes place shall be charged with the payment of
such fine.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
42 Chap. 50:06 Harbours
[Subsidiary]

G. 25.3.37. PORT-OF-SPAIN HARBOURS (PROHIBITION OF


[186/1983].
BATHING AND SMOKING) REGULATIONS
made under section 63

Citation. 1. These Regulations may be cited as the Port-of-Spain


Harbours (Prohibition of Bathing and Smoking) Regulations.

Use of wharves 2. No person shall make use of the wharves or jetties


or jetties.
Schedule. mentioned in the Schedule hereto for the purpose of bathing in the
waters adjacent thereto.

Use of boat or 3. No person shall use any boat or other craft for the purpose
other craft.
of bathing in the waters adjacent to the said wharves or jetties.

Smoking 4. No person shall smoke or carry any naked light on or within


prohibited.
thirty and a half metres of the Shell Leaseholds Distributing Jetty
by the Archer Coaling Depot.

Contravention 5. Any person who contravenes any of the preceding


of regulations.
regulations is liable on summary conviction to a fine of two hundred
dollars and in default of payment to imprisonment for thirty days.

Regulation 2. SCHEDULE

That portion of the wharves extending from the Lighthouse Jetty to the
commencement of the Deep Water Wharf.
Lighthouse Jetty.
St. Vincent Jetty.
Shell Leaseholds Distributing Jetty by the Archer Coaling Depot.

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2011


LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Harbours Chap. 50:06 43
[Subsidiary]

PROTECTION OF BEACONS REGULATIONS G. 22.9.38.

made under section 63

1. These Regulations may be cited as the Protection of Citation.


Beacons Regulations.

2. (1) No vessel shall be made fast to any public beacon in Public beacon
and
any Harbour. contravention
of regulations.
(2) The master of any vessel contravening this regulation
is liable on summary conviction to a fine of two hundred dollars,
and the vessel in respect of which such breach took place may be
charged with the payment of such fine.

UNOFFICIAL VERSION L.R.O. 1/2006

UPDATED TO DECEMBER 31ST 2011

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