Thursday , January 27 2022

Hamid Al Nuaimi publishes a law on the regulation of port works in Ajman



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Sharjah –

Sheikh Humaid bin Rashid Al Nuaimi, a member of his Supreme Council and Ajman ruler, has issued a law on the regulation of ports and maritime activities in the Emirate of Ajman and includes 32 articles.

Law 2019 1 aims to regulate the operation of ports and maritime activities in the waters of the Emirates by achieving the highest international safety and security standards, preserving the marine environment and providing the best services in accordance with best international practice.

The law stipulates that the Port of Amana and the Customs Department assume a number of responsibilities and powers, including regulating the conduct of ports and maritime activities in the Emirates and the issuance of ship permits in emirate waters by checking compliance with nationally approved technical conditions and specifications. Compliance with specific standards, requirements and regulations, including safety regulations, environmental protection and identification and speed of seagoing vessels of authorized vessels, in coordination with the relevant authorities, in addition to the preparation of technical specifications for navigational aids to regulate movement. And to grant the initial authorization to license companies operating in the Emirates maritime sector and to establish the necessary conditions and standards for such approval by regulating the work of ship agents and ship suppliers, setting conditions and controlling them by registering clearing agents in the Emirates.

The Ajman Law on Public Transport in Ajman granted a number of tasks and powers, including the operation and organization of collective maritime transport operations in the Emirate, the establishment of berths and the establishment of sea stations and other facilities related to their tasks, in agreement with the Department, and the granting of permits for collective maritime transport operations in accordance with requirements approved by the Department. And mass transport routes and speeds in collaboration with the department and the relevant authorities.

The law prohibits any person from taking any action or action that harms or is likely to harm the operation of the port or its property and endangers the safety or security of the port or of ships or property or persons and endangers the water depth of the port or any of its competitors and in any way pollutes the waters of the emirate. .

The law allows foreign yachts to visit Emirate or engage in marine activities in the emirate waters of the agent for a period not exceeding 6 months, subject to permission from the Department, foreign yachts are prohibited to engage in maritime activities, including fishing, commercial transportation of passengers, their foreign the type and nationality of the yachts covered by the provisions of this Article and the conditions and procedures for obtaining the authorization.

In cooperation with the relevant authorities, the port department shall issue a manual for sea routes to be complied with by commercial vessels and shall indicate the areas where non-commercial vessels are prohibited to go or dock.

In some of its articles, the law defines the responsibilities and duties of the master and the crew, including the fact that the master is responsible to the department for the operation of the ship in port and for the actions of his crew, in particular to be in the driver's own room or officer immediately following him; Crew members engaged in normal operation of the ship during its anchor, mooring or anchor, and to ensure that the ship is always ready to act quickly, if necessary, and to inform the Department with his or her ship's representative of any disagreement with the crew or any ship. Because one of the crew members contradicts this law or regulations or the regulations issued to them and compliance with the provisions of the regulations approved by the Department and made by the port operator and the crew of the issued instructions, while the port rules are general and international standards and norms adopted by the Department rule and resolution.

The law applies to the movement of ships, their inspection, confiscation of documents, agents of ships, marine competitions and water jets, principles of submarine entry into the waters of the Principality and the prohibition to use marine submarines for recreational purposes and scientific research in Principal Waters only after obtaining the license of the competent authority and permission from the Department. Use of marine submarine for recreational and scientific research in the emirate waters and the designation of areas where diving is prohibited.

The law authorizes the Port of Aachen and the Customs Department to take the necessary decisions to ensure port security and safety, in particular as regards the international safety requirements of ships and port facilities governing the entry and exit of ships and submarines, navigation, fire prevention, To regulate the entry of persons and vehicles in the port, to monitor the security of the portals, to regulate the movement of vehicles in the port, as well as the safety and health regulations and requirements in the port.

The Department may also regulate the carriage of cargo, handling and handling of dangerous goods. The Department may refuse to enter any dangerous goods or materials that cause contamination to be handled or stored if the handling or transportation of such goods from one ship to another in port or storage pose a threat. or form. Danger to property or the environment.

The shipowner or the legal owner of the ship was notified by law to the Department immediately if the ship sank or got into the waters of the emirate and the ship was recovered or the ship was towed after obtaining permission from the Department and authorizing the Department to remove abandoned ships flying the emirate. deposited at the place assigned by the ship or the sunken ship or the removal of the ship without prior notice to the owner of the ship or the rightholder, if it hinders access to the port. If the shipowner or shipowner fails to comply with the requirements of the Department within the term specified by the Department for the removal or removal of the ship if the ship, offender or abandoned ship poses a threat to the marine environment for any reason, the Department shall immediately take the necessary measures to prevent danger.

The law authorizes the Port of Ajman and the Customs Department to sell a vessel that is an offender or submerged in the emirate waters, if the Department withdraws or retrieves it, and the rightholder or owner does not pay the cost of any other loss within the period specified by the Department and sells the wreck, t the owner does not cancel it or retrieve it within the time limit set by the Department and sells abandoned ships in emirate waters and sells an abandoned ship left by the owner or the rightholder in the port for more than 30 days without the Department's acceptance of the sale vessel owner or right holder's requirement to separate the sale value and cost and the value of the loss, as well as the fees and expenses incurred if it is greater than the value of the sale, and shall not relieve the shipowner or right holder of liability to the department or third parties for the damage suffered.

The law authorizes a court control officer in a department appointed by a decision of the Minister of Justice, at the request of the department, to prove the acts committed in violation of the provisions of this law and the rules and decisions made under it.

The law stipulates that anyone who violates the provisions of this law is punished with a fine of not less than ten thousand dirham and no more than one hundred thousand dirham, without prejudice to any damage caused to the division or any other party as a result of the violation. In addition to the fine imposed, the Department, in cooperation with the competent authority, shall take one or more measures, including preventing the ship from entering the port or requesting immediate departure from it or granting authorization to companies operating in the port and to all persons concerned. the provisions of this law adjust its position in accordance with its provisions for a period not exceeding one year from the date it may be the Emiri Decree to extend this period in a similar period.

The Amiri Decree provides for fees for services, offenses and fines imposed on them if the President issues regulations and decisions necessary to implement the provisions of this law.

Any law or regulation contrary to the provisions of this law shall be repealed and shall enter into force on the date of its publication and shall be published in the Official Journal.

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