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Somaliland Ports Authority, Law No. 94/2021

Country/Territory
Somalia
Document type
Legislation
Date
2021
Source
FAO, FAOLEX
Subject
Water
Keyword
Business/industry/corporations Basin/catchment/watershed Governance Harbour Inspection Monitoring Navigation Authorization/permit Inland waters
Geographical area
Africa, Eastern Africa, Indian Ocean, Least Developed Countries, Red Sea & Gulf of Aden, Sahel
Abstract

This law applies to the administration, management and development of all ports in the territory of the Republic of Somaliland. It establishes the Ports Authority to be the regulatory institution over all ports related issues. The objectives of the Authority is to enhance the maritime advantages of the country by; a) Promoting effective management and operations of sea ports, b) Securing the provision of, or to provide services in relation to loading and unloading of cargo and passenger services. c) Developing promoting and managing port infrastructure and superstructure. d) Maintaining port safety and security and, e) entering into contractual obligations with other persons or body of persons in order to secure the provision of port services whether by means of concessions, joint venture, public private partnership or other means and to this end to delegate its own functions of providing port services to one or more port operators. The law provides for the administration and management of the Authority. The functions of the Authority includes; a) To administer land and waters within the limits of the ports; b) To promote the use, improvement and development of the ports and their underlying lands; c) to administer and regulate: i. sailors entering within the boundaries of the ports; ii. the use of approaches, water areas and land within the perimeters of the ports; and iii. the presence of any person, ship vehicle and goods; d) to deal with any public emergency within the limits of the ports and the approaches to the ports; e) to provide, manage and operate port facilities or arrange for port facilities to be provided, managed and operated by any other party; f) to provide and maintain adequate and efficient lighthouses, beacons, buoys and other aids to navigation in the territorial waters of the State and the approaches thereto in such manner as the Authority thinks fit; g) to disseminate navigational information from time to time h) to exercise licensing and regulatory functions in respect of marine and port services and facilities; i) to provide for (whether by itself or by any other party), adequate and efficient marine and port services and facilities; j) to create an economic regulatory framework in respect of the provision of marine and port services and facilities which promotes and safeguards competition and fair and efficient market conduct or, in the absence of a competitive market, which prevents the misuse of monopoly or market power; k) to form, establish or incorporate subsidiaries or affiliate companies, whether wholly or jointly, with other persons or organizations for the purpose of carrying out any of the functions of the Authority; l)to enter into any arrangements or agreements with a public licensee in respect of a port for the operation, management and maintenance of such port in accordance with the provisions of this Law and any amendment done in this Law in accordance with State Law; among others. Essentially, the Authority retains the power to enter into vessels and lands for inspection, this it enforces through its officers.

Full text
English
Website
www.somalilandlaw.com