Sarawak Rivers Traffic Regulations 1993
Sarawak Rivers Traffic Regulations 1993
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ARRANGEMENT OF REGULATIONS
PART I
INTRODUCTION
Regulation
1.
2.
Citation and commencement
Interpretation
Law PART II
17. Obstruction
PART III
18. Anchorage
19. Loss of anchor, etc.
20. Discharge of goods and passengers
21. Securing of vessel before discharge of goods and passengers
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Regulation
22. Responsibility of master of vessel
23. Lights and signals
24. Control of anchorage area, wharf, etc.
25. Wharf fees
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26. Supply of fresh water to vessels
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27. No obstruction to be placed to any inside passage or ferry
28. Vessel not to remain at Government wharves more than two hours
PART IV
WHARVES
29. Wharves
30.
31.
32.
33.
Application for authorisation
Authorisation for wharf
Suspension and withdrawal
PART VI
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PASSENGERS
PART VII
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PART VIII
Regulation
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50. Works and activities carried out on rivers
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51. No obstructions to other riverine users
52. Works at night
53. Records
54. Cables and pipelines
55. Markings
56. Alteration of position of cable, etc.
57. Damage to cable, etc.
58.
59.
60.
61.
Vessel lost or sank in river
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Controller to be notified of salvage of vessel
Controller to notify public of loss of vessel in rivers
Water sports
PART IX
MISCELLANEOUS
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Form D Application for river transport permit
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Form E Register of all vessels issued with
permits by Sarawak Rivers Board
Form F River transport permit
Law Form I
Form J
Permit for log pond or storage area for
timber logs
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(Made under section 38)
PART I
Interpretation
2. In these Regulations—
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“aids of navigation” means any light, beacon, buoy, structure, sign, flag,
mark, devise or object which is established or maintained to be used for the
guidance of vessels in a river and includes a vessel whose principal use is to
provide an aid to other vessels but in the case of such a vessel other than a
lightship it does not include any light, structure, or equipment which is part of
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that vessel and includes markings established under regulation 55 for cables,
pipelines and apparatus;
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“licence” means—
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(a) a licence issued under the Merchant Shipping Ordinance, 1960
[Ord. No. 2/60], or regulations made thereunder; or
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“Marine Officer” means any officer of the Marine Department acting
under the general or special authority of the Director of Marine;
(b) such other lights which a vessel shall display as directed by the
Controller;
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“Ordinance” means the Sarawak Rivers Ordinance, 1993 [Cap. 4];
“owner” includes
agent;
established under the Police Act 1967 [Act 344] and includes any member
thereof attached to the Marine Police or any other bodies established or raised
for police duties under the said Act;
“port side” means the left side of the vessel when navigating in a river;
“private” means owned by some person other than the Government of the
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Federation or of the State or a statutory body established by a Federal or State
Law;
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“Register” means the Register of vessels kept pursuant to section 16(1) of
the Ordinance;
“river raft” means any non-propelling float or raft of timber logs or other
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logs, fish cages or other materials or objects tied together and being towed or
pushed ahead in any river by a power-driven vessel from one place to another;
“speed limit” means the speed limit prescribed under regulation 10;
“starboard side” means that side which would be on the right side of the
vessel when navigating in a river;
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“underway” means that a vessel is not at anchor, or made fast to the
shore, or ground;
PART II
REGULATION OF RIVERINE TRAFFIC
3.—(1) Every vessel proceeding up or down the river shall, when it is safe
and practicable, keep to that side of the fairway or mid-river which lies on the
starboard side of such vessel.
(2) When two vessels, proceeding in opposite directions the one up and the
other down the river, are approaching each other so as to involve risk of collision
they shall pass port side to port side unless the special circumstances of the case
made departure from this regulation necessary.
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(3) Every vessel coming from one side of the river to the other side shall
do so at a proper time having regard to vessels navigating up and down the river, and
shall be navigated so as not to cause obstruction, injury or damage to any other
vessel.
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(4) A vessel shall not come into the fairway of the river from any of the
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tributaries or creeks at such a time and in such a manner as to hamper traffic passing
up and down such fairway.
Ferry boats
4.—(1)
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collision their wheels shall be put to starboard and if necessary their engines shall be
stopped or reversed.
(2) Vessels navigable by oars and paddles and sailing vessels navigating in
the river must avoid crossing the bows of an oncoming power-driven vessel when to
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do so would involve a risk of collision.
Vessels to slacken speed when rounding sharp bends and when meeting sailing
vessels, etc.
5.—(1) Every vessel navigating against the tidal stream shall if necessary
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in order to avoid risk of collision ease her speed or stop on approaching or when
rounding a point or sharp bends so as to allow any vessel navigating with the tidal
stream to pass clear of her.
(2) When any vessel is approaching any sailing vessel or vessels in tow or
navigable by oars or paddles proceeding in the opposite direction, the speed of such
vessel shall, if necessary, be slackened when it is within 27 metres of, and until it
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any such vessel shall for each day on which the same happens constitute a separate
breach of this regulation.
Vessels not to tow vessel in line or abreast nor rafts over a certain size
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7.—(1) A vessel shall not tow at one time, two or more vessels in line so
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that the stern of the hindmost vessel is distant more than 137 metres from the stern of
the towing vessel, or two or more vessels abreast, or rafts exceeding 76 metres in
length, and 12 metres in breath.
(2) A vessel shall not tow at one time more than six keels, ferries or other
boats.
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Vessels to be properly manned and a proper look-out to be kept
Every vessel while underway shall be manned by a properly qualified
master and a sufficient number of able bodied and experienced men, and shall during
the day time have one person and during the night time, two persons, properly
qualified stationed at the bow as a look-out, and to give notice in due time of any
obstruction or danger.
Speed limit
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10.—(1) No vessel when using any river or any part of a river shall exceed
the speed limit prescribed by the Controller with the approval of the Minister by
notification in the Gazette.
(2) Speed limit notices shall be displayed at various points along the river or
in any passenger landing terminal or wharf.
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Movement of traffic
11.—(1) All vessels while navigating or anchored or moored or berthed in
any river, except those exempted under section 35(2) of the Ordinance, shall—
(a) proceed with due caution and within the prescribed speed limit for
vessels using the river;
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(c) carry, use, display or comply with all the navigation lights, signs,
sounds and warnings in accordance with these Regulations;
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(d) sail or proceed abreast only if there is sufficient room in the
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navigable channel of a river and without causing inconvenience or danger to
riverine traffic;
(e) not pass or overtake another moving vessel in the river, unless
such passing or overtaking can be accomplished without causing danger to that
vessel, other riverine traffic, aids to navigation or other property on the river;
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and the vessel desiring to overtake and pass a vessel ahead shall indicate this
by two short blast from her whistle. If the vessel ahead accepts this signal she
shall reply with one short blast and keep as far on the starboard side of the
river as the person in charge thinks safe. The onus of passing is in any case on
the overtaking vessel;
(f) not blow her whistle or siren, except to make the necessary signals
as laid down in these Regulations; and
(g) comply with such directions as may be given from time to time by
the Riverine Transport Officer, Marine Officer, Police Officer or Enforcement
Officer.
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(2) The master of every vessel shall obey any signal made to him by flag,
sound or light from a preventive or police vessel, or any instructions given, by any
Riverine Transport Officer, Marine Officer, Police Officer or Enforcement Officer
from any vessel or place requiring him to stop, or heave to or to perform any other
act.
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(3) No vessel of any class or a specified class shall enter, lie or loiter in
any river which the Controller, by notification published in the Gazette, has marked
off and defined in notice boards set up by the Controller along the river, as being a
part of the river in which no such vessel shall enter, lie or loiter.
(4) The owner or master of a vessel shall immediately notify the Controller
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of any damage caused by the vessel to any aids to navigation put up by the Board for
the guidance of vessels in the rivers and shall be liable to pay the Board.
Distress signals
12.—(1) When a vessel in any river is in distress and requires assistance
from other vessels or from the shore, the following shall be the signals to be used or
displayed—
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(c) a light waved in a circle;
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(d) rockets or shells throwing red stars, fired one at a time at short
intervals;
(e) a luminous signal consisting of the group ... - - - ... (SOS) in Morse
Code;
(h)
(g)
each side;
(i)
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parachute flares or hand-held flares emitting a red light;
(2) The use or display of any of the foregoing signals other than for the
purpose of indicating that a vessel is in distress and in need for assistance is hereby
prohibited.
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(a) a vessel making way through the water shall sound at intervals of
not more than 2 minutes a prolonged blast;
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(b) a vessel under way but stopped and making no way through the
water shall sound at intervals of not more than 2 minutes 2 prolonged blasts
with an interval of about 1 second between them;
(c) a vessel dropping up or down river with her anchor on the ground
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shall sound at intervals of not more than 2 minutes 2 prolonged blasts with an
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interval of 1 second between them;
(d) a vessel when towing shall sound at intervals of not more than 2
minutes 3 blasts in succession, viz, 1 prolonged blast followed by 2 short
blasts. A vessel towed may use this signal and she shall not give any other;
(e) a vessel under way which for any reason is not under command or
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which is unable to manoeuvre as required by these Regulations, shall sound at
intervals of not more than 2 minutes 4 short blasts in rapid succession;
Safety of vessels
15.—(1) Every vessel using a river must have on board at all times the
safety equipment and navigation lights.
(3) Any vessel permitted or licensed to carry passengers shall not have on
board more passengers than the number authorised by the vessel’s permit or licence
to carry.
Damage by wash
16. Every vessel shall, when underway in any river, be so navigated as not to
involve risk of collision, and shall take all reasonable precautions to prevent damage
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being caused by her wash to any other vessel, person or property transported by
water, and river banks.
Obstruction
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17.—(1) Subject to Parts III and VII of these Regulations, no vessel or river
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raft or plant, equipment and apparatus used for extraction of sand, road materials or
prospecting of minerals or the execution of any works, shall anchor in or otherwise
obstruct the fairway of any river or any wharf or passenger landing terminal.
(2) No fishing trap or trawling, or other net shall be cast or placed in any
part of the river so as to be, or likely to become, an obstruction or danger to the
navigation of any vessel.
(3)
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The Controller or any person authorized by him or a Marine Officer
may, in order to prevent obstruction or impediments, whether fixed or floating,
arising or being occasioned in the river, remove, or endeavour to remove, any
sunken vessel, wreck, floating timber, drift craft, anchor or other obstructions which
at any time impedes, or may impede navigation in any part of the river, or obstructs
or may obstruct, the free approach to any wharf or anchorage or landing places; and
the expense of removing or endeavouring to remove any such sunken vessel, wreck,
floating timber, drifting craft, anchor or other obstructions shall be repaid by the
owner of the same; and the Controller or any person authorized by him or a Marine
Officer may detain such sunken vessel, wreck, floating timber, draft craft, anchor or
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other obstructions for securing the expenses, and, on non-payment of such expenses
on demand, may sell such sunken vessel, wreck, floating timber, drift craft, anchor or
other obstructions, and out of the proceeds of such sale, pay such expenses, rending
the overplus, if any, to the owner on demand, and in case such proceeds shall not
defray the whole of the expenses incurred, the Controller may recover the same from
the owner.
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PART III
ANCHORING, MOORING AND BERTHING
Anchorage
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(2) No person shall anchor, moor or berth any vessel or river raft in any
area outside an anchorage area, save in an emergency or in the case of an accident or
grounding or for the purpose of manoeuvering or where the vessel or raft is unable to
proceed because of poor tidal or weather conditions, in which case the master of the
vessel shall at once, until the vessel is removed, exhibit lights and marks prescribed
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by the International Collision Regulations, and shall also immediately take steps to
inform the Controller or Marine Officer.
(3) Every vessel anchoring, mooring or berthing in any river shall—
(a) when at anchor in an anchorage area, maintain continuously an
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efficient watch;
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(b) when berthed at any wharf or passenger landing terminal be kept
under surveillance by a person capable of compliance with any direction issued
under regulation 11 (1) (g); and
(c) display such navigation lights, signs or warning as are prescribed
in regulation 23.
(2) If any person finds in the waters of any river any anchor or cable not
connected to any vessel and without any apparent owner, he shall report his finding
to the Riverine Transport Officer or Marine Officer.
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(3) The Director of Marine shall deal with such anchor or cable as if it
were a wreck and shall have such responsibility in regard thereto in his capacity as
Receiver of Wreck under Part VII of the Merchant Shipping Ordinance, 1960 [Ord.
No. 2/60].
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(2) There shall be erected and exhibited at each such wharf or passenger
landing terminal a sign or signs depicting such information and particulars as may be
directed by the Board.
(3) Without prejudice to the provisions of regulation 32, the Board may, in
its discretion, suspend the use of any such wharf or passenger landing terminal for
such period as may be notified by the Board.
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lying alongside a wharf or passenger landing terminal shall provide lighting and
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proper gangway with adequate stanchions and handrails, between his vessel and the
wharf or passenger landing terminal. Such gangways shall be sufficiently lighted
during the hours of sunset and sunrise.
(a)
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any insecure or improper mooring, anchoring or berthing of that
vessel and for any damage caused by any defective or negligent mooring,
anchoring or berthing or any faulty equipment or apparatus used in connection
therewith; and
(2) All vessels with anchors so placed that they may be a danger to traffic
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in the river shall mark such anchors by a yellow float with a radar reflector.
(3) Any vessel at anchor with nets or poles extending from the vessel onto
the river or with such nets or poles placed on the river near to the vessel shall have
such nets or poles marked by yellow floats or flags in sufficient numbers to show
their positions.
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required for the holding of a public event in the river or if the Controller deems it
necessary, in the interest of safety or to avoid hazards or obstruction to riverine
traffic, to require all vessels anchored there to leave the area.
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passenger in any wharf or passenger landing terminal shall leave the same if required
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to do so by any Riverine Transport Officer or any Enforcement Officer.
(3) The Board may, from time to time, issue such directions, as it deems fit
or necessary, relating to the anchorage of vessels at any anchorage area and the use
of any wharf or passenger landing terminal.
(4) Such directions issued by the Board shall be published in the Gazette
25.—(1)
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and advertised in such manner as the Board may deem fit or appropriate.
Wharf fees
Any vessel calling on or berthing at a wharf or passenger landing
terminal specified in the First Schedule shall be required to pay to the Board such
fees as are prescribed in Part I of the Second Schedule.
(1A) The owner of a double decker vessel may, instead of paying the
appropriate daily fee prescribed in item 1(a) to (e) of Part I of the Second Schedule,
elect to pay the appropriate monthly fee prescribed in item 1 (f) and (g) of Part I of
the same Schedule.
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[Ins. Swk. L.N. 29/2000.]
(2) Any vessel anchored at an anchorage area shall pay to the Board such
fees as are prescribed in Part II of the Second Schedule.
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(3) The class or type of vessels specified in Part III of the Second
Schedule shall be exempted from payment of the fees prescribed in the Second
Schedule.
(4) The fees provided in Part I of the Second Schedule shall not apply to
private wharves.
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(5) The Controller may tow away and detain any vessel which fails to pay
or has defaulted in the payment to the Board of any fees specified in the Second
Schedule: Provided that this power of detention shall not be exercised unless the
amount owing by that vessel is in excess of five hundred ringgit.
(6) Any vessel so towed away or detained by the Controller shall not be
released to its master or owner until the outstanding fees have been duly settled and
the costs and expense incurred by the Controller in having the vessel towed away or
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detained have been duly paid: Provided always that such costs of towing away or of
detention shall not exceed one thousand ringgit.
(7) Without prejudice to paragraphs (5) and (6), the Controller may refuse
to permit any vessel which fails or had defaulted in the payment of any wharf fees to
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the Board, from using, calling on, berthing or coming alongside any wharf or
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passenger landing terminal specified in the First Schedule.
(8) The Controller may require the owner, master or agent of any vessel to
furnish the Board with acceptable security for payment of wharf or passenger
landing terminal fees.
(9) The Board and its officers shall not be liable for any damage caused to
26. The supply of fresh water to vessels at anchor in any river or berthing
alongside a wharf or passenger landing terminal specified in the First Schedule may
be arranged through the Controller. The charges payable are prescribed in Part IV
of the Second Schedule.
while proceeding thereto, or lying alongside thereof for such purpose as aforesaid, or
returning therefrom and with the previous consent in writing of the Riverine
Transport Officer).
28. Vessels using Government wharves or landing places for the purpose of
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and shall, on the expiration of that time, be moved away, and whilst a vessel
shall be thereat, another vessel shall not be placed, or be alongside of her.
PART IV
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WHARVES
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Wharves
29.—(1) Subject to the provisions of paragraphs (2) and (3), no wharf may
be built, constructed or erected on or abutting any river, except on plans approved by
the Controller and authorized by the Board.
(3)
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Authority, the Port Authority concerned shall notify the Board and seek the
concurrence of the Board before proceeding with the building, construction or
erection of such wharf.
Form A.
(a) a certified true copy of the issue document of title or such other
form of document prescribed under the Land Code [Cap. 81 (1958 Ed.)] to
prove that the applicant is the registered owner of the land upon which the
wharf is to be built or to use the land for the purpose of a wharf;
(3) The provisions of this regulation shall also apply to all existing private
wharves.
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(a) to require that the application be appropriately amended or
completed and resubmitted or that a fresh application be submitted in its place
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for reason of omission, error or incompleteness; or
(2) Upon granting of such authorization, the Board shall cause to be issued
to the applicant a Wharf Authorization Certificate as set out in Form B in the Third
Schedule.
(3)
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In the absence of any provision to the contrary in the Wharf
Authorization Certificate, no private wharf shall be used by vessels for the
Form B.
transportation of passengers for reward, without the written permission of the Board.
(4) The Controller shall maintain a register of all Government and private
wharves authorized by the Board and such register shall contain the particulars as set
out in Form C in the Third Schedule.
Form C.
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Suspension and withdrawal
32.—(1) The Board may, by notice, withdraw or suspend for such period of
time as the Board deems fit, its authorization under regulation 30 for the use of any
wharf if it is of the opinion that—
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(a) the wharf is no longer safe or unfit for use by vessels for any
purpose specified by the Board when authorization for its use is granted;
(b) the continued use of the wharf is not in the public interest or may
cause erosion to the banks of the river at or in the vicinity where the wharf is
situated;
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(c) the continued use of the wharf would cause obstruction or danger
to traffic on the river;
(d) there has been a breach of any of the terms or conditions stipulated
in the Wharf Authorization Certificate by the Board for the use of the private
wharf; or
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(e) the land on which the wharf is built has been surrendered to or re-
entered by the Government under the provisions of the Land Code [Cap. 81
(1958 Ed.)] or that the term stated in the issue document of title or any other
document, issued by a Superintendent of Lands and Surveys for the land, has
expired.
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(2) Upon service of such notice, no vessel may use, anchor, berth, moor or
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draw alongside such wharf.
(3) Upon the withdrawal of the authorization for the use of the wharf, the
owner thereof shall, within thirty (30) days from the date of service of such notice,
demolish, dismantle or remove completely the wharf and all structures and materials
thereon or affixed thereto.
(4)
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If the owner of such wharf fails to comply with the provision of
paragraph (3), the Board shall, without prejudice to paragraph (5), be entitled to take
steps to demolish or dismantle the wharf and charge the costs and expenses so
incurred to the owner thereof. Such costs and expenses shall be recoverable as a
civil debt from the owner.
(5) If the owner of a wharf contravenes any of the provisions of this
regulation, or uses or permits the use of any wharf for anchoring, mooring or
berthing of any vessel or for embarking or disembarking passengers or for loading or
unloading of goods after service of any such notice, he shall be guilty of an offence:
Penalty, imprisonment for two years and a fine of two thousand and five hundred
ringgit.
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(6) Any person aggrieved with the decision of the Board made under this
regulation may, in conformity with section 10 (9) of the Ordinance, appeal against
such decision to the Minister within fourteen (14) days when the decision is
conveyed to him. The decision of the Minister shall be final and shall not be
questioned or challenged in any court of law.
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PART V
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Form D.
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Classes of vessels
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34.—(1) For the purposes of registration, vessels shall be divided into three
classes(
2nd Class: Vessels of less than 15 tonnes burden, navigated otherwise than
3rd Class:
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by oars, paddles or poles only;
(c) the vessel has on board all the requisite safety equipment and
navigation lights;
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(e) the vessel is of a type or class, the use of which is not likely to
cause hazards to other riverine users or property on the rivers or cause
substantial erosion to the banks or beds of the rivers;
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(f) the vessel is not likely to be used for any activity that would cause
damage or substantial risks to aquatic, marine or plant life or resources in the
rivers; and
(g) the master or owner of the vessel shall furnish such other
particulars and information as may be required by the Board.
(2) The Board may, with the approval of the Minister, waive any or all of
the conditions set out in paragraph (1).
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Register of vessels
36. On receipt of the application and the registration fee as prescribed under
regulation 33 (2), the Board or any officer designated by the Board for that purpose
shall, if satisfied after inspecting the vessel that the requirements of regulation 35
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and section 17 of the Ordinance have been complied with, register her in the
Register of Vessels as set out in Form E in the Third Schedule.
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Form E.
(2) The Register shall be open for inspection by the public during such
times as may be determined by the Controller.
(3) Any person who wishes to inspect the Register shall pay to the
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Controller an inspection fee of three ringgit.
Form F.
(2) The Board may stipulate in the permit conditions to be complied with
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by the vessel, its owner or master and such conditions may, in addition to the implied
conditions stipulated in regulation 35(1), include
(a) the number of passengers that the vessel may carry on board the
vessel;
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(b) the nature of goods that the vessel shall or shall not be carried on
board or that may be towed or pushed by the vessel;
(c) the rivers or any part of a river or the routes wherein the vessel
shall or shall not ply or operate;
(d) the charges or maximum or minimum fare that the vessel may
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charge its passengers or the maximum amount of freight that the vessel may
charge for each tonne or any part thereof of any cargo transported aboard;
(e) the times within which the vessel may operate in any river;
(g) the wharves or places where the vessel may load or unload cargo,
or the passenger landing terminals where passengers carried by the vessel may
embark or disembark;
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(i) prohibition against sale on board the vessel of alcoholic drinks of
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whatever nature without the written approval of the Board; and
(j) such other conditions as the Board may deem necessary in the
public interest, or for preventing uneconomic competition, or otherwise for the
effective carrying out the purposes of these Regulations.
(3)
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The Board may from time to time cancel or vary any of the conditions
attached to a permit issued under these Regulations.
(5) (a) Every permit issued shall, in conformity with section 15(4) of the
Ordinance, commence on the day it is granted, and shall terminate on the 31st
December following, unless otherwise stipulated by the Board in the permit.
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(b) There shall be charged for every permit such fee as are prescribed
in Part V of the Second Schedule.
(6) Every owner or master of every vessel in respect of which a permit has
been issued by the Board shall ensure that the permit is carried on board the vessel at
all times and shall, whenever required by the Controller, a Marine Officer, a Police
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(7) If a permit issued by the Board has been lost, the Board upon been
satisfied as to such loss shall on payment of the fee prescribed in Part V of the
Second Schedule issue to him a duplicate permit and shall endorse thereon any
particulars endorsed upon the original permit and the duplicate so issued shall have
the same effect as the original.
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(a) there has been a breach or failure to comply with any of the
conditions stipulated in the permit;
(b) the vessel has been involved in any accident and suffered such
damage as to render the vessel unsafe or unfit to be used for any purpose in the
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river;
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(c) the owner or master has committed any offence prescribed under
the Ordinance or any regulations made thereunder; or
(d) the vessel has been engaged in or used for any purpose that is
declared unlawful or illegal under any written law.
(2)
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The owner of the vessel shall, upon service of the Order of the Board
to cancel, withdraw or suspend the permit, deliver the permit immediately to the
Controller who shall endorse on the permit the Order made by the Board and retain
such permit: Provided that when the Order of suspension is subsequently revoked by
the Board, the Controller shall forthwith return the permit to the owner of the vessel
after endorsing thereon the Order revoking the suspension.
(4) (a) Service of the Order referred to in paragraph (2) may be effected
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by affixing the Order at any place in the wheel-house or main mast of the vessel and
shall be deemed to be served at the time when such Order is so affixed.
(b) Where it is not possible to effect service in the manner set out
above, the Order may be served by sending the same through registered mail
addressed to the address of the owner of the vessel as stipulated in the permit
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and the same shall be deemed to be served on the day after the posting of the
Order by registered mail.
Appeals
39. Any person who—
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may in conformity with section 10(9) of the Ordinance appeal in writing to the
Minister, within fourteen (14) days of the date of such decision being communicated
to him.
(2) The decision of the Minister on any appeal made to him under this
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regulation shall be final and shall not be questioned or challenged in any court of
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law.
(2)
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Upon receipt of the report together with the permit which is required to
be amended and the fee prescribed in Part V of the Second Schedule, the Board shall
make the necessary amendments to the register of vessels and the permit thereof.
PART VI
PASSENGERS
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Permit to carry passenger for reward
41. No vessel shall be used for the carriage of passengers in any river for
reward unless such vessel is registered and a permit is issued in accordance with
section 15 of the Ordinance and these Regulations.
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42. It shall be the duty of the owner and master of every passenger vessel to
ensure that his vessel complies with the provisions of Chapter 21 of Part IV of the
Merchant Shipping Ordinance, 1960 [Ord. No. 2/60], and regulations 20, 21 and 22.
(a) without a valid ticket or pass to show that he has paid the fares for
the journey;
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(c) who is in possession of any dangerous weapon which has not been
surrendered to the master of the vessel for safe custody.
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(3) It shall be the duty of the master of the vessel to require such persons
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to leave the vessel before it departs from the passenger landing terminal.
(a)
(b)
tape; or
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sell, serve or provide or cause or permit to be sold, served or
provided on board such vessel any alcoholic drinks without the written
(c) permit smoking by any person except in such areas in the vessel as
may be approved by the Controller.
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PART VII
RIVER RAFTS, LOG PONDS AND CHECKING STATIONS
(2) No log pond or area along any river or at any river bank shall be
established or be used for the storage or assembly of timber logs or other timber
products except with the written approval of the Controller.
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(3) Application for such approval shall be made in Form H in the Third
Schedule together with a fee of twenty ringgit.
Form H.
(4) Approval for the establishment of a log pond or a storage place on the
river for timber logs may be given by the Controller in Form I in the Third Schedule.
Form I.
For Reference Only
Loose timber
45. The floating of loose logs on any river is prohibited.
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46. When moored or under way, every river raft shall, between sunset and
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sunrise, exhibit all round white lights not less than two metres above the water at
each end and visible in clear weather at a distance of one kilometre and if such rafts
exceed twenty metres in length, an additional white light shall be borne at the middle
thereof.
(2) When any river raft is moored or under way in daylight red flags of not
less than one and a half metre square shall be carried and displayed in lieu of the
white lights.
(3)
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Every power-driven vessel used in the towing of river rafts shall be of
sufficient horse-power to hold her tow in control in all sections of the river and
under all tidal conditions.
(a) the quantity of logs originally towed or carried by the vessel and
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the quantity of logs which has been or will be discharged, delivered or
transmitted to a log pond, vessel or other places;
(b) the name of the person, place, vessel or location of the premises to
whom and where such logs were delivered;
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(c) the quantity of logs lost during transit and, where possible, the
location of such loss;
(2) The particulars required under paragraph (1) shall be entered in a log
book approved by the Controller.
For Reference Only
(4) Any alteration or erasure of any entry made in a log book shall be
initialled by the master of the vessel at the time when such alteration or erasure is
made.
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(5) Any person who defaces, tampers with or destroys any log book or any
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entry or pages thereof shall be guilty of an offence: Penalty, a fine of two thousand
ringgit and imprisonment for eighteen months.
(6) Any master of a vessel who enters or causes to be entered into a log
book required to be kept under this regulation which is false shall be guilty of an
offence: Penalty, a fine of three thousand ringgit and imprisonment for two years.
(7)
Where all the pages of a log book has been completely used up, the log
book shall be kept with the master or owner of the vessel and shall not be destroyed
without the written permission of the Controller. The Controller may by notice to
the master or owner of the vessel require such a log book to be delivered to him for
custody or retention.
Checking stations
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(2) Such inspection may be carried out by any person authorized by the
Controller or any officer of the Department of Forests duly authorized in writing by
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PART VIII
EXCAVATION AND OTHER WORKS OR
ACTIVITIES ON RIVERS
(a) has been licensed under the Land Code [Cap. 81 (1958 Ed.)] to
extract sand or rock materials;
(b) has been licensed under the Mining Ordinance [Cap. 83 (1958
Ed.)] to prospect for minerals;
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(c) desires to set up fish trap, stacks or any fishing devices or
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appliances; or
the same.
(2)
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in any river, shall, prior to the commencement of any activities referred to above,
notify the Controller in writing of the precise location in the river where he intends
to carry out such activities and the approximate duration required for carrying out
All vessels used for such activities shall display the lights, signs or
warnings and all plants, equipment, platform and other apparatus shall have such
lights, signs or warnings as the Controller may direct.
(3) At the request of the Controller, the person undertaking such activities
shall forthwith furnish to him certified copies of any licence or authority issued
under any written law to enable him to undertake the same.
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No obstructions to other riverine users
51. The undertaking of any extraction, prospecting, fishing activities or
engineering works in any river shall not obstruct or endanger riverine traffic.
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(3) Any costs or expenses incurred in complying with the direction of the
Controller shall be borne by the person responsible for such undertaking.
Works at night
52. No extraction, prospecting, fishing activities or engineering works shall
be carried out in any river between the hours of sunset and sunrise, without the prior
written approval of the Controller.
For Reference Only
Records
53. The persons undertaking any extraction, prospecting, fishing activities or
engineering works in a river shall furnish to the Controller on demand records of the
quantity of any sand, rock materials, earth or other substances excavated or removed
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from the river.
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(2) If any records furnished pursuant to paragraph (1) shall contain any
figure, particular or statement which is false, the person furnishing such records shall
be guilty of an offence: Penalty, a fine of two thousand ringgit and imprisonment for
two years.
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54. No person shall lay, construct or place any cable, pipeline or apparatus
across or in any river without the prior written approval of the Controller.
(2) Every application for such approval shall be made in Form J in the
Third Schedule and shall be sent to the Controller together with a plan showing the
precise location of the cable, pipeline or apparatus in the river together with a
processing fee of twenty ringgit.
Form J.
Markings
55. It shall be the duty of the person who lays, constructs or places the cable,
pipeline or apparatus which is below the level of water even at low tide or in the
river bed, to clearly mark their precise position by the use of buoys, boards, flags, or
other types of markings approved by the Controller.
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(2) Where there has been any alteration or change in the position of such
cable, pipeline or apparatus, a plan showing their new position must be submitted to
For Reference Only
the Controller within seven days from the date when such change or alteration is
effected.
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57. Any person who damages, accidentally or otherwise, any cable, pipeline
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or apparatus laid, constructed or placed across or in any river shall forthwith notify
the Controller of such damage.
(2) Upon receipt of such notification, the Controller shall inform the owner
of such cable, pipeline or apparatus as indicated in the application under regulation
54(2).
(3)
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The owner shall take immediate steps to repair, replace or remove the
damaged cable, pipeline or apparatus and may charge or recover the costs, expenses
and loss thereby incurred from the person causing or responsible for the damage.
(a) a flag with red upper half and white lower half, or two flags flown one
above the other, the upper flag being red and the lower flag white, on the side or
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(b) a red flag on the side where the river channel is not clear or obstructed by
the sunken or grounded vessel.
Water sports
61. Water skiing, racing of speed boats or other form of water sports in a
river shall not be undertaken without the written approval of the Controller, and only
permitted—
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(a) during daylight;
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(b) in areas and during times where visibility is greater than two
hundred metres; and
(c) Saturday :
8.00 a.m. — 12.45 p.m.
(2) Where the services of any staff of the Board are required by any wharf
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user outside the hours specified in paragraph (1), overtime charges at the rate of
RM6.00 per man hour or part thereof shall be payable to the Board.
(3) The provision of such services outside the hours specified in paragraph
(1) shall be worked solely at the discretion of the Controller or the Riverine
Transport Officer in-charge of the wharf concerned.
Storage of goods
61B.—(1) Goods may be placed on storage in any wharf or premises of the
Board on receipt of instructions from a vessel’s owner or agent, or from a consignee
or his agent if—
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(a) storage space is available; and
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(b) on payment of the charges prescribed in Part VI of the Second
Schedule.
(2) The Board shall not be bound to find storage space for any goods
within its wharves or premises, and after notification to the owner or his agent of the
goods concerned that accommodation for such goods is not available, any Riverine
(3)
(a)
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Transport Officer may order the owner or agent of such goods to make his own
arrangements for storage of such goods, failing which, the goods may be removed by
the Board at the expense of the owner thereof.
The Board reserves the right to refuse for storage, the following goods:
(4) The Board shall not be responsible for any loss or damage that may
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accrue from whatsoever cause or reason to any goods placed or kept at any of its
wharves or premises unless such loss or damage has been caused by the negligence
or misconduct of any officer or servant of the Board.
(5) Any goods which are left unclaimed for a period exceeding thirty days
after its arrival at the wharf may be removed or disposed of by the Board without
prior notice to the owner or agent of such goods and no claim in respect thereof shall
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be entertained thereafter.
[Ins. Swk. L.N. 32/97.]
Vehicle pass
61C.—(1) No person shall drive a motor vehicle into any designated area of a
wharf save under and in accordance with the terms and conditions of a pass issued
by the Controller.
For Reference Only
(2) The fee for a pass shall be one hundred ringgit per year or part thereof.
(3) Where a pass has been lost, destroyed or defaced, a duplicate thereof
may be issued at a fee of ten ringgit.
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[Ins. Swk. L.N. 32/97.]
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Site inspection fee
61D. Where the Board—
(b)
wharf;
(i)
(ii)
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is required to assist any department or agency of the Government,
and has to carry out a site inspection for purposes of any of the following:
a fee of six hundred fifty ringgit shall be payable to the Board by the person
who applies for such authorization, approval or licence or who undertakes any such
works or activities, as the case may be.
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(a) to protect aquatic and marine lives in such river or any part
thereof;
For Reference Only
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(d) to enable certain public functions or events to be held in the river;
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or
seal.
(2)
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63. Any Order or declaration made by the Board under these Regulations
shall be signed by the Controller on behalf of the Board and shall bear its official
Right of entry
65. For the purpose of enforcement of these Regulations, the Controller, any
Riverine Transport Officer, Marine Officer, Police Officer or Enforcement Officer
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may board or enter any vessel and examine the vessel, or its cargo or inspect the
crew, or order any vessel to stop or be diverted to any wharf or passenger landing
terminal or issue such other directions as may be necessary to any vessel.
General penalty
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(A) in the case of a first offence, to a fine of two thousand ringgit; and
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(B) in the case of a second or subsequent offence, to a fine of five
thousand ringgit and imprisonment for two years.
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Parts IV, V and VII of the Merchant Shipping (Ports and Rivers) Regulations,
1961, shall cease to apply
67. Upon the coming into force of these Regulations, Parts IV, V and VII of
the Merchant Shipping (Ports and Rivers) Regulations, 1961 [G.N.S. 43/61], as
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extended to apply to vessels operating within the rivers of the State under section 38
(2) of the Ordinance, shall cease to apply in so far as they relate to the regulation of
traffic, control of mooring, anchoring or berthing of vessels or the towing or
beaching of floating timber or logs in Sarawak ports and rivers.
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For Reference Only
FIRST SCHEDULE
(Regulation 20(1))
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WHARVES AND PASSENGER LANDING TERMINALS FOR LOADING OR DISCHARGE OF
GOODS AND PASSENGERS
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1. The following wharves and passenger landing terminals may be used by vessels for the
loading or discharge of goods and passengers:
KUCHING DIVISION
(2)
(3)
(4)
(5)
(6)
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Muara Tebas Wharf at Kampung Muara Tebas
KUCHING DIVISION
BETONG DIVISION
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SARIKEI DIVISION
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(23) R.C. Coastal Wharf, Sg. Nyelong
(27)
(28)
(29) Law
R.C. Commercial Wharf at New Extension, Sarikei
SIBU DIVISION
KAPIT DIVISION
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(50) Bakun R.C. Jetty, Kapit
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MUKAH DIVISION
(54)
(55)
(56)
(57)
(58)
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R.C. Pontoon Wharf, Dalat Bazaar, Dalat, Mukah
BINTULU DIVISION
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(61) R.C. Commercial Wharf, Bintulu
MIRI DIVISION
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(77) J.K.R. R.C. Wharf, Piasau Industrial Estate, Miri
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(78) Express Wharf, Kuala Baram, Miri
(82)
(83)
(84)
(85)
(86)
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New R.C. Pontoon Wharf, Marudi
LIMBANG DIVISION
2. All such wharves and passenger landing terminals shall be under the control of the Board
which shall be responsible for their maintenance.
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SECOND SCHEDULE
FEES
PART I
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FEES FOR WHARVES
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AND PASSENGER LANDING TERMINALS
(Regulation 25 (1))
Any vessel calling on, berthing or moored at or alongside any of the wharves and passenger landing
terminals shall pay to the Board the following fees:
1. USAGE OF WHARF
(a)
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Type of vessels
or part thereof
RM55.00 for each subsequent
day or part thereof
(d) Vessel of 201 to 300 Gross Tonnage RM55.00 for the first day
or part thereof
RM75.00 for the second day
or part thereof
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(a) Vessel of 100 Gross Tonnage and below RM1.50 for the first hour
or part thereof
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RM3.00 for the second hour
or part thereof
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RM5.00 for each subsequent
hour or part thereof
(b) Vessel of exceeding 100 Gross Tonnage RM7.00 for the first hour
or part thereof
RM10.00 for the second hour
or part thereof
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(Regulation 25(2))
thereof
5. Vessels of 501 to 1000 Gross Tonnage RM25.00 per day or part
thereof
6. Vessels of 1001 to 5000 Gross Tonnage RM50.00 per day or part
thereof
7. Vessels of 5001 to 10,000 Gross Tonnage RM75.00 per day or part
thereof
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PART III
EXEMPTION
(Regulation 25(3))
The following types of vessels are exempted from payment of any fees prescribed in Parts I, II and
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V under this Schedule, viz:
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(a) all vessels belonging or under charter to the State or Federal Government;
(b) longboats not used for the carriage of passengers for reward;
(c) fishing vessels, other than trawlers;
(d) vessels navigable only by oars, paddies or poles; and
(e) vessels specifically exempted by the Board.
Charges
Actual water charges as levied by a Water
Supply Authority plus a service charge of 50
sen per 1000 litres.
Schedule.
(A minimum service charge of RM20.00 shall
be imposed)
PART VI
(Regulation 61B)
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Type of charges Rate
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(Rate chargeable is based on per tonne or cubic
metre or part thereof, whichever is higher)
(a) Cargo overtime charge (i) Free storage for the first 48 hours exclusive
of Sunday, Public Holiday and Saturday
afternoon
(ii) RM2.00 per day or part thereof, from the
(ii)
RM4.00 per day or part thereof after the
first day, for length up to 6 metres
RM7.00 per day or part thereof after the
first day, for length above 6 metres
(ii) With cargo (i) RM10.00 per day or part thereof after the
first day, for length up to 6 metres
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(ii) RM18.00 per day or part thereof after the
first day, for length above 6 metres.
THIRD SCHEDULE
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FORM A
(Regulation 30(1))
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(if existing wharf): ......................................................................................................................
(5) Details of land
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where wharf is to be
built or maintained
(if existing wharf): .....................................................................................................................
(6) Type of Vessels
using the wharf: .........................................................................................................................
(7) Use or intended use
of the wharf: ..............................................................................................................................
(8) Whether approval
has been given by
other authorities,
such as Lands and
Surveys Department
and Department of
Customs and Excise
for the use of the
land as a wharf; if so,
furnish particulars and
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copies of such
approval: ...................................................................................................................................
(9) Any other relevant
information or
particulars: .................................................................................................................................
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Dated this ........................... day of ............................................., 19 ..................
Signature: ........................................................................
(Name of Applicant) (If natural person)
or
Name of officer signing for Applicant
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Note: This application form must, as required by regulation 30(2), be accompanied by the
following documents—
(a) a certified true copy of the issue document of title or such other form of document
prescribed under the Land Code to prove that the applicant is the registered owner
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of the land upon which the wharf is to be built or to use the land for the purpose of
a wharf;
(b) a map or plan to show the location of the wharf;
(c) a complete set of engineering, structural or architectural plan for the wharf; and
(d) a processing fee of RM100.00.
For Reference Only
FORM B
(Regulation 31(2))
WHARF AUTHORIZATION CERTIFICATE
This is to certify that .....................................................................................................................
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of ................................................................................................................................... is hereby
authorized by the Sarawak Rivers Board to build/construct/erect/maintain/use* a wharf as described in
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the Schedule below subject to the following terms and conditions—
(1)
(2)
(3)
SCHEDULE
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Locality: ....................................................................................................................................................
Description of Land: .................................................................................................................................
Type of Vessels using
the wharf: ..................................................................................................................................................
Use or intended use
of the wharf: ..............................................................................................................................................
Dated this .............................. day of ......................................, 19 ................
..............................................
Controller,
Sarawak Rivers Board
FORM C
(Regulation 31(4))
FORM D
(Regulation 33(1))
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To: The Controller,
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Sarawak Rivers Board
(5)
(a)
(b)
(c)
(d)
Date of Expiry of Law
Licence No: ..................................................................................................................
Date of issue of Licence: ..............................................................................................
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Signature: .......................................................................................
(Name of Applicant) (If natural person)
or
Name of Officer signing for Applicant
certified true copy of Vessel’s Licence, valid insurance certificate, list of safety
equipment and navigation lights carried on board;
(iii) full names and particulars of master and other crew members of the vessel;
(iv) in case of corporation or firm, a list of all directors/shareholders/partners of the
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corporation or firm; and
(v) such other documents as may be required by the Controller.
FORM E
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FORM F
(Regulation 37(1))
RIVER TRANSPORT PERMIT
No. .............................
This is to certify that ...............................................................................................................................
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(name of vessel)
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owned by ................................................................................................................................................
(owner of vessel)
is permitted to—
*(a) transport goods and/or
*(b) carry passengers for reward
for a period of .......................................................... months from ..........................................................
2.
(a)
(b)
(c)
(d)
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to 31st December, 19 ............................................................................ and shall be entitled to operate
and ply in the following rivers, viz.:
..............................................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
The vessel shall be entitled to *load and unload goods/allow the embarkation or disembarkation
of passengers at the following wharves or passenger landing terminals, viz.:
(a) ..............................................................................................................................................
(b) ..............................................................................................................................................
(c) ..............................................................................................................................................
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(d) ..............................................................................................................................................
3. The maximum freight or fare which the vessel is entitled to charge shall be ...............................
*4. The vessel shall adhere to the time table or schedule appendixed hereto, and shall not, without
the approval of the Controller alter or change such time table or schedule, unless the vessel is
prevented by weather or tidal condition or other reasons acceptable to the Controller from adhering to
such time table or schedule.
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........................................................
Controller,
Sarawak Rivers Board
FORM G
(Regulation 40(1))
REPORT OF CHANGE OF NAME
To: The Controller,
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Sarawak Rivers Board
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I, ......................................................................................................................... being the
*owner/master of ............................................................................................................ which is issued
(name of vessel)
*
in the permit
FORM H
(Regulation 44(3))
APPLICATION FOR ESTABLISHMENT OF LOG POND OR
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Certificate of
Incorporation or
Registration No.
(if corporation or
business firm): ...........................................................................................................................
(state name of
river and name
of town/kampung
or district): ....................................................................................................................
(ii) Capacity
(volume of
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timber to be
stored or
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assembled there): ..........................................................................................................
(iii) Particulars of
title of land: ..................................................................................................................
(iv) Timber Concession
Areas from which
the logs stored or
assembled originate: .....................................................................................................
(v) Whether any
(4)
building, shed or
facility will be
erected; if so,
Names of all
parties, including
timber licencee,
contractors or
sub-contractors
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provide details: .............................................................................................................
logs;
(d) if required, a map or plan showing the location of the land;
(e) if Applicant is not owner of the land, the written approval of the owner to use
the land as storage or assembly of timber logs; and
(f) such other documents as may be required by the Controller.
For Reference Only
FORM I
(Regulation 44(4))
PERMIT FOR LOG POND OR STORAGE AREA FOR
TIMBER LOGS
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This is to certify that .................................................................................................................
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of ............................................................................................................... is hereby permitted by the
Sarawak Rivers Board to establish a log pond at the area described in the Schedule below or to use the
area so described in the Schedule below for the storage or assembly of timber logs from the following
timber concession areas: ........................................................................................................
SCHEDULE
Locality: .................................................................................................................................................
Description of Land: ...............................................................................................................................
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Size: ........................................................................................................................................................
This permit shall expire on ..............................................................................................................
..............................................
Controller,
Sarawak Rivers Board
FORM J
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(Regulation 54(2))
FORM FOR APPLICATION FOR APPROVAL FOR CABLE,
PIPELINE AND OTHER APPARATUS IN ANY RIVER
To: The Controller,
Sarawak Rivers Board
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any notice relating
to the cable, pipeline
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or apparatus is served: ......................................................................................................
(7) Any other
information: ......................................................................................................................
Date:
...................................................................
Name and signature of Applicant
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Unless this part is completed by the Applicant, he shall be deemed to be the owner of the cable,
pipeline or apparatus and his address is the address for service of notice.
Made by the Minister and approved by the Yang di-Pertua Negeri this 7th day
of September, 1993.