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South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998)

Chapter 4 : Finance

Part 2 : Charges

44. Charges

 

(1) Subject to this section, the Authority may make determinations—
(a) imposing charges and specifying the persons by whom, and the times when, such charges are payable; and
(b) imposing the penalties for the purposes of subsection (8).

 

(2) Before making a determination under subsection (1), the Authority must give the Minister notice in writing of the proposed determination—
(a) specifying the day from which the determination is intended to operate;
(b) if it imposes a charge or penalty, specifying the basis of such charge or penalty; and
(c) if it varies a charge or penalty, specifying the reason for the variation.

 

(3) The Minister may within 60 days after receiving a notice of the proposed determination, give the Authority notice in writing approving or disapproving the proposed determination, but when the Minister does so, the Minister must have regard to the objectives and functions of the Authority.

 

(4) A notice under subsection (3) disapproving a proposed determination may recommend an alternative determination.

 

(5) The Authority may make a determination under subsection (1) only if—
(a) the Minister approves it; or
(b) the period within which the Minister may give notice to the Authority under subsection (3) has expired without the Minister having given such notice.

 

(6) The amount or rate of a charge imposed under subsection (1) must be reasonably related to the expenses incurred or to be incurred by the Authority in relation to the matter to which the charge relates and may not be such as to amount to taxation.

 

(7) A determination made under subsection (1) must be published in the Gazette.

 

(8) Subject to subsection (9), where a charge imposed under subsection (1) is not paid within the period determined by the Authority, being a period beginning on the day on which the charge becomes due, the person liable for the payment of the charge is liable to pay to the Authority, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the date on which the charge became due, and compounded.

 

(9) The penalties determined under subsection (1) may not exceed an amount equivalent to the prescribed percentage of the unpaid amount of the charge for each day during which it remains unpaid, calculated from the date on which the charge became due, and compounded.

 

(10) Unpaid charges and penalties may be recovered as debts due to the Authority.

 

(11) Any reference to a fee, however expressed, in the laws referred to in section 2(2) must be construed as a reference to the corresponding charge determined under this section.