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National Ports Act, 2005 (Act No. 12 of 2005)

Chapter 10 : Ministerial Directions and Port Regulations

79. Ministerial direction

 

(1) The Minister may, in writing, direct the Authority to perform a specified act within the Authority’s power or not to perform a specified act, if such direction is necessary—
(a) to safeguard the national security of the Republic;
(b) to promote the national, strategic or economic interests of the Republic; or
(c) to discharge an international obligation of the Republic.

 

(2) The Minister must consult with the Authority, the Transport Economic Regulator established by section 29 of the Economic Regulation of Transport Act, 2020 and the Shareholding Minister prior to giving a direction under subsection (1).

[Section 79(2) substituted by section 1(10) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]

 

(3) The Authority must take all necessary steps to give effect to a direction issued under subsection (1).

 

(4)

(a) The Minister may, out of monies appropriated by Parliament for that purpose, compensate the Authority for any loss suffered by the Authority as a result of the obligation to perform or not perform an act contemplated in subsection (1).
(b) In addition, should the performance of such an act not be in the commercial interests of the Authority, the financing of such activity is the responsibility of the State.