8. ENFORCEMENT AND FINAL PROVISIONS
8 Enforcement and Final provisions
8.1 - Enforcement
8.1.1 - Harbour Master's Special Directions
The Harbor Master may, in the interest of order and safety in Port issue instructions, in particular to regulate navigation and berthing and for the purpose of preventing danger, damage and hindrance. The person, to whom an instruction is addressed, shall act accordingly without delay.
8.1.2 - Exemption/Deviation from the rules
In exceptional cases, the Harbor Master may give permission to deviate from these Regulations in the interest of public safety.
8.1.3 - Supervision / Powers of Petroleum Ports Authority officials
- i. The Petroleum Ports Authority may appoint supervising officials with powers to enforce the provisions of these Regulations. These may include amongst others, the Harbor Master, Port Officers, and Investigators.
- Such persons shall be:
- Authorized to enter areas and spaces as far as reasonably required for the performance of their duty.
- Authorized to inspect and to copy documents as far as reasonably required for the performance of their duty.
- Authorized to perform measurements with their equipment, gather evidence and take samples of substances, as far as reasonably required for the performance of their duty. (Any sample taken or physical evidence collected will as far as possible be returned to the person having title to the substance or evidence).
- Authorized to issue instructions, give orders and stop activities in the interest of order, health and safety, in connection with the rules and regulations for which they are appointed as responsible officials.
- The person, to whom an instruction is addressed by such officials, shall act accordingly without delay.
8.1.4 - Obligation to cooperate and to provide information
Anyone thus requested under Article 8.1.3 (iii) shall render all assistance and provide all information to the officials mentioned in Article 8.1.3, which in their reasonable judgment is necessary for the execution of the powers conferred on them in accordance with these Regulations.
8.1.5 - Admission of PPA Officials to spaces and places
In the event that the Petroleum Ports Authority or Harbor Master consider it necessary, the Harbor Master or his representative, is duly authorized to enter premises and board the Vessel to carry out a full inspection of all parts of the premises or Vessel with or without the Master’s consent or agreement.
8.1.6 - Preventing departure and detention of a vessel
- Where the Petroleum Ports Authority or Harbor Master or it’s delegated representative has reasonable reason to believe that a marine pollutant has been discharged from a Vessel within the Ports, or whilst within coastal and/or territorial waters, the Petroleum Ports Authority may, with an appropriate order from the Abu Dhabi Court or other competent authority, prevent the departure of the Vessel or cause the Vessel to be detained in Port until the owner or Agent of the Vessel deposits with the Petroleum Ports Authority or otherwise to its satisfaction, an acceptable bank guarantee or, at its sole discretion, an acceptable Protection & Indemnity (P&I) Club letter of undertaking which, in the opinion of the Petroleum Ports Authority, shall be adequate to meet the owner's liability and the costs incurred in removing the marine pollutant from the Port, coastal and territorial waters of Abu Dhabi. Any delay in providing such security which, as a consequence, causes a delay to the Vessel’s departure will cause a charge to be incurred, at the rate set out in Article 3.2.5(iv).
- The Petroleum Ports Authority shall have the right to prevent the departure of a Vessel which in its’ opinion has caused damage to persons, quays or installation, equipment, in the Port, in the waters in port or leading to the port, the environment or has failed to pay any lawful charges, including but not limited to Port Dues, Port Charges, fines, until such time as the owner or Agent of the Vessel deposits with the Petroleum Ports Authority or otherwise to its satisfaction a sum of money or furnishes such equivalent security which would, in the opinion of the Petroleum Ports Authority, be adequate to meet the owner's liability.
8.1.7 - Appeal/Judicial Review
- A person aggrieved by a decision or action taken by the Company, Petroleum Ports Authority and/or Harbor Master under these Regulations may, within 30 calendar days after such decision or action has been rendered or taken, respectively, apply to the Courts of Abu Dhabi, upon paying the required court fee. The Abu Dhabi Courts shall have exclusive jurisdiction.
- The Abu Dhabi Court may set aside a decision which it finds:
- Arbitrary, an abuse of discretion or otherwise not consistent with law; or
- Not made consistent with the required procedures; or
- Unsupported by substantial evidence.
- The decision of the Abu Dhabi Court shall be final and binding.
8.2 - FINAL PROVISIONS
8.2.1 - Existing Documents
Any Licenses, Permits, exemptions, certificates issued under previous version of the Port regulations shall be deemed valid unless explicitly notified by the Petroleum Ports Authority.
8.2.2 - Effective date
These Regulations shall enter into force as of date of their publication.