To provide for the establishment of the NationalPorts Authority; and to provide for matters connected therewith. . . ~..
Preamble . ,.,.
RECOGNISING'that, Ports and harbours-are*ournational.
Promote the development of anefflcientand productive South African port induitry.
Objectives of Act .-~ . ....
The Authority's financial year ,..
Ports Board ..
Composition'of the Board andtermsandconditionsof.
Termsofoffice of members of the board.
Disclosure of interest bymembers of board . ..
28. budget'and corporate plan .,.
Transfer-of ports and other real rightsto National Ports Authorityland of Transfer.
transfer 34. Effect to of authority from state licenses of 37.
Licensing, authorizing provisionof port services and facilities, Conditions -. Restrictionson of license ...
Modification of conditions of license cancellation,.
license Engagementof any person by theNationalportsAuthorityfor carrying out duties of licensed operators Directives affecting licensed operators and other persons Duties of licensed operators Routine inspections Special powers in emergency Existing operators handlingOffshore ...
"light. dues" means charges levied by the port authority to recover the cost.
"port" means a place, whether proclaimed a public harbour or not, and whether natural or artificial, to which ships may resort for shelter toorload or.
"port users" to direct portusers (shp owners), indirect port users (importers/exporters), intermediate port users (agents) and final port users (producers and. consumers).
"vessel" means any ship or boat of any kind whatsoever, whether propelled by steam, diesel or otherwise "vessel Traffic Sehices" means a system used to regulate and control vessel traffic to protect the environment . . -,..
business, within the meaning of the Companies Act and the.PFMA.
The shareholding Minister, who represents the State, will sign the memorandum of association, articles of association and all other documents necessary in connection with the formation. and incorporation of the comphy; and . . . -, ...
The Registrar of Companies must register the memorandum of association and articles of association as signed by the Shareholding Minister, and incorporate the Authority as a public company under the .-. name 'the NationalPorts Authority of South Africa',with the State as its only member and shareholder and issu, e to the company a certificate to.
The memoraadum of association and articles of association of the Authority must be drawn up in such a manner-that the contents thereof are consistent with this .. Act. In the event of an inconsistency betweenthe memorandum of association or articles of association and the provisionsof this Act, the provisionsof this Act will prevail.
Despite the provisions of the Companies Act, an amendment of the memorandum.
Act has been amended accordingly and that amendment has come into effect.
Subject to the provisions of subsection (2), the provisions of the Companies Act which are not in conflict with this Act, apply to the Authority.
because of any special or contrary arrangement made by this Act, such a provision-is clearly inappropriate-or inapplicable;.
The shareholding Minister, on the recommendation of the Authority, may from ''-time to time request the Minister of, Trade and Industry to dechre any particular provision of the Companies Actto be inapplicable to the Authority.
The request contemplated in subsection (1) must be fully motivated, and the necessary particulars relating to the request must be made known by the Registrar of Companies, together with the motivation thereof, by notice in the Gazette.
The Authority's financial year will befrom.1April in any year to 31March in the year following year, both days included.
Despite the provisions of any other law, the Authority may not be placed under.
judicial management or liquidalipn, except if authorized by an Act of Parliament -' specificallyadoptedpurpose. for that..
prepare and periodically update a port development framework plan for each port, which shall reflect the ports Authority's policy for port development and land use;.
maintain the sustainability of the ports and their surroundings; ...
the enhancement of safety and security within the port limits enter into concession contractsand public private partnerships agreements for the provision of port and cargo handling services by qualified and licensed operators; ensure that adequate and efficient port services and facilities are provided exercise concession, licensing, regulating and controlling functions in respect of services and facilities in the port estates not supplied by the ports; ensure that any personwho is required to render any port services and facilities is ableto provide those services and facilities efficiently; promote efficiency, reliability and economy on the ofpart the licensees in accordance with, recognised international standards and public demand; prescribe the limits within which and the levels to which dredging may be carried outin the ports and the approaches thereto; provide tugs, pilot boats and otherfaciwies and services for the navigation and berthingof vessels in the ports; prescribe tariffs; rates; charges and dues for services provided by the Authority, the individual ports or service providers;..
sector, port servicesarid port facilities; !
of international obligations; ....
I- outside port limits; perform all other functionsas prescribed by this Act; promote research and development in the spheres of port servicesandfacilities;.
The Authority must do everything necessary for the' effective and economic.
To gwe effect to the principles of co-operative government and inter-.
The Authority must conclude a co-operative Memorandum of Understanding with every relevant organ of state to give effect to the co-operation contemplated in subsection(1).
dispute resolution inrespect of the interpretation or application of co-operative agreements referredto in subsection (3).
In addition to the functions imposed by this Act, the Authority may undertake any.
Without limiting its powers referred to in subsection (l),the company has the power to raise or receive income from sources other than levies, charges and dues, included, but not limited to, the power to enforce any contract providing for.
such raising or ' receipt of home. Borrowings shall be dealt with in accordance with Section(66)of the PFMA.
Part 1 15. The National Ports Authority Board.
.. this Act, by a board of directors?
directors-of board12 The..
Powers of National Ports Authority Board. -.
The board represents the Authorityand'all actions performed by the board in terqu of this Act and within its authority are deemed the actions of %e Authority.
extension of the ports;.
approves the appointment of other senior executive employees of the Authority; and.
gives effect to the State's national commercial ports policy.
Composition of National Port Authority Board.
The board of directors is to be appointed by the shareholding Minister.
Members of the board may not represent particular interests of a certain group, but must promote the harmonious development and improvement of the-ports, to the benefit of all the-users.
Nomination of National Port Authority Boardof Directors.
into any or received him or her as a result.
of such notice.
he/ she is disqualified to serve as a directorinterms of the provisions of the Conlpanies Act61 of 1973.
The chairperson may hold office for a period of five years'fiom the date of appointment. ~..
each member of the board may hold office for aperioa determined by the Shareholding Minister, but not exceeding three years.
A member or chairperson of the board may resign by giving one month's written notice to the Shareholding Minister.
the Shareholding Minister mayfill vacancies on the board as soon as it is reasonably possible or practical.
Disclosure of interest by members of board.
the disclosure contemplatedinsubsection (1) mustberecordedin the.
Meetings of board.
Theboardmustelectadeputy-chairperson at its frst meeting andthe deputy-chairperson appointed may, subject to such directions. as may be chairperson; the ...
Alldecisions'ofthemajority of the, directors of the.
In the case of an equality of votes, the chairperson hasa casting vote and is obliged to exercise such vote to break a deadlock..
(c)mustbecommunicated to-the delegatee inwriting. the written communication must contain full particulars of the matters being delegated and of the conditions determined under paragraph (a),.. if any, where the powerof sub-delegation is also conferred, must statethatfact as well as any, conditionsdeterminedunder paragraph(b),ifany..
Part 2 24. Appointment of Executive Chief Officer.
the board must appoint a chief executive officer withinthree months of its establishment.
The board must invite applications for the post of chief executive officer by publishing an advertisement in the media countrywide.
Executive Officer (CEO) of the authority for the period from the date the Authorityisestablished in theformofanauthority,-untilaCEO is appointed by the board with the approval of-the Shareholding Minister.
Powers, functions and duties of Chief Executive Officer.
The Chief Executive Officer may resign on one month's written notice to the^ boa@.
handed to the chairperson of the board.
A notice of resignation so handed . , . in, will be regarded and treated as having been received by the board on date.such .:.
(a)inthecaseofresignation, when the resignation takes effect;.
when any of the circumstances contemplated in section 18 or place; takes -..
The board may remove the chief executive officer fi-om.
for failing to perform the duties connected with that office or to perform diligently. . --.
Acting chief executive officer i...
(b). when, because of illness or incapacity, the holder of that office is.
A' person appointed to act as chief executive officer in terms of subsection will, for the duration of the period of appointment, have the status, be entitled to all theprivileges, besubject to all theobligations.
competent to.exercise and perform all thepowers, functionsandduties, conferred and imposed on the chief executive officer in termsof this Act,. and any act or thing performed or done or omitted by that person during that period of appointment, will be regarded and treated for the purposes of this Act as having been performed, doneor omitted by the chief executive , officer. --.
In addition, theAuthoritymustcomplywithChapter 6, part 2 & 3: Sections 49, 50, 51, 54, 55, 56, 57, 58, and 59 of the Public Finance Management Act 1 of 1999 (as amended by Act 29 of 1999).
Appointment and transfer of staff of the National Ports Authority.
No State guarantees.
The'obligations of the Authority are not guaranteed by the State, except by written notice.
Onadateafter the incorporation date, determinedby the shareholding Minister by notice intheGazette, theAuthority shall become the successor 'to Transnet Limited, as the National Ports Authority of South . Africa. qeAuaority shall acquire the-bushess of Transnet's National Ports Authority Division'as a going concern.
1 betransferred to the Authority, whichwillacquiresuchrights, liabilities, obligations and movable property.
The transfer shall be done in. accordance with section 54-of the PFMA.
On the transfer date and arising out.
title to and ownership of all land and immovable property. situated within the port limits, including the bed ofthe waters within port limits measured to the high water mark will be transferred to and vest in the Authority.
Subsection (1) and (2) are not to be interpreied as conferring on the Authority a right of ownership in immovable property, which, before the date referred to in subsection (l), was vested in a personGther than Transnet Limited.
Despite section5 of the State Land Disposal Act, 1961 (ActNo& of 1961) and section 18 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), a registrar must, on submission of a certificate by the minister that State land has been G transferred under this section, make the necessary entries and endorsements free of charge as the registrar considers necessary in any appropriate register in order to register the transferof such land in the name of the authority.
A registrar must, on submission of a certificate by the Shareholding Minister that a servitqde, other real rightor lease has been transferred under subsection (1) or that a servitude exists over State land has been transferred under.
register the transfer of such, servitude, other real.
may not be acquired by prescription.
102 of the Deeds Registries Act, 1937.
no change of employer takes place on the transfer date.
. Transfer of certain State Assets to Authority ....
a function of the Authoritywas being performed by a' state . Department an assetwas held or used by a stateDephment in connection with the performance of that function; the shareholding Minister may cause the asset and fiinction-to be transferred to Authority.the..
any asset to the Authority otherwisethai~ under that subsection, provided the asset is transferred in orderto further the objectives of the Authority.
The right, debt,. liability or obligation, as the case may be, is transferred from the State to the Authority on such transfer.
Save where provided for in this Act, and, in particular, subject to subsection (7), no.
>(b) operate a port facility, otherwise than in terms of a license issued by the Authority under this section.
No application for a license shall be lodged or entertained, unless such application is lodged pursuant to and in accordance withan invitation issued by. the Authority in the Gazette.
the form in which applications shall be submitted, including any fee payable upon submission of an application, the manner in which it is contemplated that the service shall be provided, and the place where and times when any document in that regard may be obtained from the Authority; and the period within and the mannerin which such applications shall be ., lodged.
h (5) The Author& may require an applicant, atthe applicant's expense, to fiunish the Authority, within the period specified by it, with such further information as maybereasonablynecessary in order to consider theapplication.
Within a reasonable period.
(a) issue a license subject -...
to specified terms and conditions;or refbe to issue a license and-give written reasons for such refusal.
Notwithstanding the provisions of this section, a concessionairemayprovide any port service contemplated in its concession agreement without holding a license to provide such service.
the duties and obligations of the licensed operator in respect of the services or facilities provided.by it; and such other terms.and conditions as the Authority may consider reasonably necessary.
provide for the modification provide for the determination of performance standards; and..
provide for the control and, if necessary, the fixing of monopolistic prices to be charged by the licensed operator in respect of-the handling . and storage of cargo.
A license may not be transferred to any third party without the prior written consent of the Authority.
The Authority may modify any condition in a license granted in terms of section 36.
setting out the reitsons why the Authority intends modifying the relevant condition(s); !
specifylng the time not being less than 28 days to the modifications made.
Following receipt of.
* (b) Fake the proposed modifications to the conditions of the license;-or amend the proposed modifications 'or compensation payable, if any, and make such amended modifications.
(3), the Authority shall issue direction in writing to the licensed operator requiring the licensed operator to give effect to the proposed modifications within a reasonable period of time specified by the Authority.
enter anyof the premisesof the licensee and bring onto such premises any equipment or machinery as may be necessary or proper for the purposes of carrying out the functions contemplated in this section;.
take temporary possession of, adoperate any equipment or .. -.
The person engaged by the Authority under subsection (2) shall continue to perform the obligations for which he or she was engaged despite any asdispute to adequate compensation referredto in subsection(4).
The Authority is not liable for any damage or injury occasioned by any act, omission or default of the person engaged by the Authority under subsection (2), norforanyclaimof anynature md howsoever madebythelicensed operator.
in the interest of public safety or the environment.
affording 'such' affected personsareasonableopportunity to make representations as to why the directive. should not be made.
@) comply with the provisions of this Act and any other law;..
provide reliable, efficient and economical port seryices and facilities to port usersin accordance with the conditions of the license gyted to it.
~-. year, including--.
its compliance with the terms and conditions.
- (iii) anti-competitive steps taken to eliminate and.
futuredevelopmentplans relating to any service or facility which it is obliged to provide under the conditions of its license.
lodged by the licensed operator within the period and in the manner determined by the Authority.
any industrial dispute between the licensed operator and its employees;.
any theft or pilferagewithin its premisesor any theft or pilferage involving any cargo inits possession or control; and 0 any proceeding or claim instituted or made against tlie licensed operator which could affect its ability to perform any obligation, or to comply with any term and condition, under its license.
Any person duly authorised by the Authority in writing may, during office hours, without a warrant, enter any premises occupied by a licensed operator to inspect any activity, process, building or facility therein, and may require the licensed operator to produce any book, record, statement or other.
1j The Shareholding Minister may on the occurrence of any industrial unrest, strike, lock-out or any other event which gives rise to an emergency which creates a real and imminent threat or to the national interest of the Republic public safety, authorise the Authority suspend the license of a licensed operator, take temporary possession of any undertakingof such licensed operator and operate it in such a manner withdraw either partially or totally the use of any port service or facility from any person or class of persons or from the public at large.
Notwithstanding the provisionsof this Act, a person who provides a port service or operates a port facility immediately prior to the date on which this Chapter comes into force, shall be deemed to hold a license for the provision of such port service or the operation of such port facility, provided that such person applies fora license under section36 within six months of the date on which this Chapter comes into effect.
A person referred to in, subsection (1) shall be granted a license in terns of section 36 to provide the port service or operate the port facility contemplated in subsection(l), provided the Authority is reasona%ly satisfied that such person is capable ofcomplying with the terms and conditions of such license.
Nothing in this section shall confer a deemed license on a person licensed to provide stevedoring onthe date this Chapter comesinto force, beyond the for date.
No person shall erect or operate an offshore cargo handling facility otherwise than in terms of a license issued by the Authority under this section.
The provisions of section36 shall apply, mutatis mutandis, to the application and granting of a license in terms of this section.
If so directed by the Authority in writing, the holder of a license in terms of this section shall dismantle and remove the offshore cargo handling facility on termination or expirationof a license granted under this section.
(4)If the holder of the licensefails to comply with the direction under subsection .-.
(3), the may-dismantle and, such such -.
(c)ensurethattheinfrastructure of the ports is managed and a which efficient, and -port operations.
(2)The Authority has the powerto establish public, private partnerships and enter . into concession agreements in accordance with the provisions of section 35 for the construction, development.
endeavour to achieve a reasonable between protection of the environment and any other considerations which it is required to have regard.
(2) The Authority has the power to take any action, it considers necessary for the performanceany relatingthe of the 1 of to environment, functions protection which may be conferred or imposed upon it under this Act or any other law.
(b)- to the SouthAfricanMaritimeSafetyAuthorityandthe relevant port consultative committee; and notice countrywide advising of its intentions.
~. by the Ports Authority and-to issue a Cabinet directive prohibiting such action or amendyg the proposed-course of action.
may, the of the of an undertaken.
to amend proposed of actionina -..
its course specified manner.
Tlie Authority must ensure that efficient and affordable porf services and port facilities are provided to allport users.
The Authority must undertake activities that will encourage and facilitate the development of trade and commerce for the ec.onomic benefit and interests of the national economy.
may vary between ports.
~titha licensed operator or port user in respect matter referred to in subsection1and the agreed tariffs need not be published.
(4)The Authority may, prior to any substantial alterationof a published tariff, consult withthe port consultative committees as constituted for the ports.
53, Port charges payable to National Ports Authority.
The Authority may, in its sole discretion and on good cause shown, remit or waive the whole orany part of any charges and fees paid orpajable under this Act.
The Authority may require any person to furnish such security, as it deems fit, for the payment of any charges or fees payable under this Act.
The fees and charges referredto in subsection (l)(a) and (b)become due to the Authority and payable without demand when the services and facilities have been rendered performedor provided.
provided, if any request for the services or facility is withdrawn or cancelled, withoutthenotice of withdrawal or cancellation of the requesthavingbeen -given timeously to the Authority.
The fee, s and charges levied by Transnet's National Ports Authority Division, ..-.
the undersectionrescinded, or -. withdrawn by the Authority in terms of this Act.
Thefeesandchargesreferred to in subsection (l)(a) and (b) mayalsobe determined and levied by the Authority in relation to offshore cargo handling facilities.
No. 23633 GAZETTE, of such removal from the owner of the wreck or obstruction, or.
The Harbour Master is, in respect of the port for which he orshe is appointed, the final authority in respect of all matters relating to pilotage, navigation, navigational aids, dredging and all other matters relating to the movement of vessels wihin port limits.
regulating the removal or disposal of any residues and mixtures containing oil or noxious liquid substances, sewage, and garbage, fiom vessels in a port and requiring any such matter to be deposited in reception facilities in the port; or.
carrying into effect the provisions of this Act.
The Harbour Master shall cause reasonable stepsto be taken for the purpose of bringing any direction issued by it under subsection (3) to the notice of any person likely to be affected by it.
in port facilities in terms of the provisions of industrial and workplace safety legislation.
The Authority must separate cargo fiom passenger operations to secure safety of life and protection against injury.
naviete leaving or moving in a port.
Pilotage is not compulsory in respect of any vessel or class of-vessels, which have been exempted fiom pilotage by the Authority in writing..
The pilot's hnction is to navigate a.
The pilot must determine the number of tugs required for pilotage with the concurrence of the master of the vessel.
In the event of a disagreement between the'pilot and the master of the vessel regarding the number ofthe tugs to be used in termsof subsection (4), the final decision is taken by the Harbok Master..
The master.of.the vessel must ensure that the officers and crew of the vessel are at their posts, that a proper lookout is kept and that the pilot is given every assistance .&The execution of his duty.
The Authority and the pilot shall be exempt ffom'liability for loss or damage caused by a negligent act or omission-on the part of the pilot.. -.
No person may perform the duties aofpilot in a port without having been duly licensed by the Authority under this Act.
The South African Maritime Safety Authority may recommendto the Minister the minimum qualifications required for any person to be licensed as a pilot, including the content and naturebf examinations, if any, to be undertaken.
The South Afiican Maritime Safety Authority must consult with the Authority regarding the content of the minimum qualifications referred to in subsection (2), before-any recommendation is made.
The Authority must operateandmaintain the li&thouses, andother navigational aids underits control to assist the navigation of vessels within port limits and along the coast of South Afiica in terms of standards as prescribed by the South Afiican Maritime Safety Authority.
The Port-Consultative Committee of the port closest to where a lighthouse or navigational aid is located may make recommendations to the. Authoiity hth regard to the improvement or extension oftheserviceprovidedbysuch lighthouse or aid...
The Minister must ensure that the ports policy is implemented by exercising the powers and executing the functions vested in him or her in terms of this Act.
To ensure openness and transparency in the ports policy reviewing process, the Minister must consult with stakeholders in the ports industry, the Authority, other relevant departments (including Department of Public Enterprises and Trade and Industry), organised bodies representing port users, local authorities of port cities, and organized labour.
to discharge an international obligation of the Republic.
The -Authority must take all necessary steps to give effect to the direction in terms of subsection(1). -.
62. Port Regulations..
TheMinistermustbynoticeintheGazette, makeportregulationsin connection~with all matters thathe or she conjiders necessary or expedient to prescribe in order to achieve the objects of this Act.
rules of procedure of Port Consultative Committees, powers, functions duties and manner of execution.
(d)providing forthelicensing of activities carried out in the ports.
prohibiting the embarkation and disembarkation of persons handling or discharging appears especially dangerous to the public.
the local and provincial governments of the area in which area the port is situated.
The function of the Poi Consultative Committee is to provide a forum forthe exchange of views between the Authority and other interested parties?
(a)major relating to the or any scheme expansion development of a.
any other matter on which the Authority may be required by the Shareholdicg Minister to consult the Committee. -(4)The chief executive.officer must establish an audit comqitiee for the Authority -subject to Treasury Regulation27.
Ports. access -.. Subject to the provision of this Act, and regulations, a port is freely accessible to any person who conducts lawful business-in a port.
before the expiry of at least three calendar months after written notification of the claimgnt's intention to institute the legal proceedings, containing sufficient particulars of the alleged act or omission, has been served on the defendant or respondent, unless the defendant or respondent has denied liability in writing. _.
any person acting on behalf of the Authority.
Without lawhl authority, interferes with.a pilot while a vessel is under pilotage;,or ,,..
contravenes section 3.
The Authority must co-operate wkh immigration, customs, law enforcement any other authority every facility, subject to compensation agreed between the Authority and the authority concerned and failing agreement, asdetermined by the Minister.
, (1) ThelawsreferredtoinSchedule 2 to this Actareherebyamendedor repealed with effect from the transfer date,'to the extent specified in that Schedule. :,.
to the extent that it is not inconsistent with this Act;, and,,.
Lintil it is repealed under this Act.
The area bounded :\-,> L.
A straight linebetweenco-ordinate points 1 and 2 in the south, 1 and 36 in the.
east, 35 and 36 in the north and the high water mark along the eastern shoreline as indicated on plan FU3H 80-A-84.
(b)All sea areas within theport ofRichards Bay up to the high water mark.
From the high water mark on the eastern shore of the Indian Ocean on co-ordinate line 1 to 2 through co ordinate points 3,4, 5, 6,7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20, 21,22,23,24,25,26,27,28,29,30 with boundary line between co-ordinate pointand30 31 being 3m off the eastern edge of Newark Road with boundary continuing along pohts 31,32 and 33 to point 34 up to the end of the breakwater, with the high water mark being t. .. the boundary line between points 32 and 33 as inhcated on plan RBH 80-A-84. (See copy of the plan attachedhereto).
31 degrees 9 minutes6 seconds East longitude& 29 degrees 43 minutes 40 seconds South latitude, then Southwards and Westwards to a ' point 31 degrees 7 minutes28secondsEastlongitude & 29 degrees 48minutes40 seconds South latitude, then due South to a point 31 degrees 7 minutes 28 seconds, East bthe whole of the water area wiihin the 'Buffalo 'River and its.
dthe banksof the Buffalo River and its tributaries between thehiaest and the-lowest water marks, fiom ebb-and-flow to the mouith of the river.
_ t. Land area:..
of the properties in Prior Crescent; thence Northwards along an imaginary line following the Western side of the properties in Prior Crescent until such line reaches Hely Hutchinsan Road; thence a line in a North Easterly direction until it meets the Fleet Street Bridge; thence along the South side of the bridge toa point just Westof the bridge wing wall; thenceain South Westerly directionon the Eastern sideof a Municipal area incorporating the..
' Fire Department; thence toa point in line with the Eastern side ofStation Street; -.
of an road approximately from the roadrail crossing situated under the Buffalo Bridge; thence first North West along the Southern edge..
52 No. 23633.
The land area bounded to the north west by the N2 NationalRoad;to the north east by the boundary between Hougham Park and. SonopFarms; to the south west-bythe line joining a point on the N2 National Road and the hlgh watermark, which will become the boundary between St.
The area is bounded on the southwardby a line drawn from Cape Recife, east (true) to a point in the Indian Ocean, distant 1 609 metres, on the northward by a line drawn from the extreme point of the east'bank of the Zwartkops River, east(true)distant 1 609 metres; on the eastward by a line drawn between these two points, and shall embrace the foreshorebetween high andlowwatermarks from CapeRecife -lighthouse. to the aforesaid line at the east bank of the Zwartkops River, including that portion of the said river which lies on the seaward side of the bridge carrying the railway line to Alicedale.
River, thence along the high water mark so as to include the foreshore between these points, together with Seal Island (Robben Island), the estuary of theLittle Brak River as . . far as the tide flows.
.>ide of the rail tracks in -+nEasterly direction to the middle. of the West side of the Church -Street Bridge; thence in a Southerly'direction following the Western side of the bridge to -the bridge abutment; thence in an Easterly direction jo the East side, bridge abutment; thence in a Northerly direction to a point in the middle'of the Church Street Bridge being the boundary of Erf 12459; thence ina general Easterly direction following the boundary of Erf 12459 to a point directlyin line with the Eastem side of the Civil' Depot;thedie in a Northerly direction following the Eastern side of the building to the North Eastern comer of the building; thence in a North Easterly -direction along the waters edge to a pointontheNorthWesterncomeroftheNSRIcomplex;thence in a North Eastern direction along the waters edge to a point on the Northern corner of the NSRI complex; -thence in a North Western direction to a point 5 meters from the edge of the low level quay; thence along an imaginary line 5meters from tlie North Western side of the low level quay to a point of Quay No.
Eastern direction-following a concrete wall to a point where this wall meets with. a Mer concrete wall situated in a Southerly direction on the West side of a factory complex; thencein a Southerlydirectionfollowing the concrete wall to a' point on the South Western cornerof the factory complex; thencein an Easterly direction along the Southern side pf the complex to a'point on the Western edge of Kloof Street; thence in a Noitherly diieciion to Beacon B of Erf 12457 on the land edge; thence in a general Western and North Westerly direction along the waters edge and the North Eastern side of the break wall-to the end of the -. Lighthouse.
Port of Cape Town.
ne area is bounded Wes.&ards bya straight line between Green Point andRobben Island lighthouses, and Northwards by a straight line from Robben Island lighthouse, East (true) to the Eastern shore of Table Bay, thence back in a southerly direction following the shore line to Point 2 where it intersects the straight line between Green Point and Robben Island lighthouses.
The area is bounded from a point where the Northern limit of the sea area intersects with the high water mark to Point A East (true) on the Easternshore of Table Bay, thence southwards along the high water mark, so as to include the Remainder of ERF I7 Milnerton at Blaauwberg,.
17898 Cape Townto Point E on the corner of ERF 108338 Cape Town, thence by a straight line in a southwestern direction to Point F, so as to include the southern part of. ERF I7989 Cape Town, ERF I7875 Cape Town at Paarden -Eiland, thencein a straight -line in a southeasterly direction to Point G, so as to include Remainder of E& 149437.
a straight line- in, a southwesterly direction to Point H along the southea-rn boundary of Remainder of ERF I14383 Cape Town at Paarden Eiland, thence ina east south easterly direction along the northern -boundary of Portion of Remainder of ERF 15201 Cape Town at Salt River, thence . southwards along the eastern boundary of Portion of Remainder-ofERF 15201 Cape . Town at Salt River to Point J, thencein a westerly direction along the boundary of . . Portion of Remainder ERF15201 Cape Town at Salt River to Point K, so as to include , part of Portion of Remainder of ERF 15201 Cape Town at SaltRiver, situated north of the National Road, then dividing Partof ERF 16832 Cape Townbya straight line between Points K & L, so as to include Partof ERF 16832 Cape Town, situated nprth-of the National Road, thence in a westerly direction along the southern boundary of Portion-of Remainder of ERF 15201 Cape Town at Salt River to Point M, thence a straight line between Pointsiki&N, dividing Portionof Remainder of ERF I5201 .. Cape Town at Salt River, thence following the southern boundaryof Portion of Remainder of ERF 15201 Cape Town at Salt River, from Point N to Point PI so as to include Portion of Remainder * _-..
> Portion of Remainder of ERF I0256 Cape Town at Woodstock in-a westerly direction to.
Woodstock in a westerly directionto Point T, so as to include Portion of Remainder of part of divided ERF 10255 Cape Town, thence in a north westerly direction following the south eastern boundary of ERF -. -14821 Cape Town to Point U so as to include ERF 14821 Cape Town, thence a straight- line in a north-westerly direction to Point Von the south-eastern corner of Portion of .': Remainder of ERF I0256 Cape Town at Woodstock, thence following the south western boundary of Portion of Remainder of ERF I0256 Cape Town 'at Woodstock to pointW, thence a straight-line in a northerly direction to Point X on the south-eastern boundary of-^:..
The area described as within plan SBH 195-Al-A6016 the figure A Is the point where.
Portion 9 of the farm Pienaars Poort No.
Remainder of Portion 3 of the farm Pienaars Poort no. 197 and along northern boundary to figure J along northwestern boundary of portion of Remainder of Portion 3 of Farm Pienaars PoortNo. 197 along the northern 4%.
129 then along the eastern boundary northem boundary of Remainder of and Portion 7 of Farm Jackals Kloof No.
coordinate 3659807,lO) to figure Q (coordinate LO System 19 degrees y value 93659,63 x coordinate 3660913,26) high water-markof Saldanha Bay and the Atlantic OceanR (Is the point where latitude 33 degrees 08 minutes 56 seconds S intersects the high water mark of theAtlanticOcean). S (Is the point wherelatitude 33 degrees 11minutes 0 seconds S longitude 17 degrees 57 minutes 0 seconds E) T (Is the point where latitude 33 . . degrees 03 minutes 0 seconds S longitude 17 degrees 50 minutes 0 seconds E) A (Is the point where latitude 33 degrees 01 minutes 38 seconds S intersects the high water mark of theAtlanticOcean) , exclusive of theGovernment jetty, the repair jetty and the . slipway of theDepartmentofIndustries, Commerceand Tourism andallotherfixed Structures connected with the fishing- industry and the Mykonos break water and jetty structures.
The @ea which is boarded northward by a line drawn 4 245 from North Point to a point 827 metres from the shore; westward by a 1ine.
155" from the above point to the point where it meets a line drawn245" from Guap Point; southward bythe latter line; together with the foreshore therein and all lands vested jetties, harbour work and harbour in Transnet Limited immediately priorto the transfer date.