Local Wharf Policies and Procedures (DRAFT)

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FIJI PORTS CORPORATION LIMITED

AND

SUBSIDIARIES

LOCAL WHARF POLICIES AND PROCEDURES

MANUAL

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LOCAL WHARF POLICIES AND PROCEDURES

Table of Contents

L&W POL TERMS & DEFINITIONS


L&W POL NO. 1 Introduction
L&W POL No. 2 Legislative and Policy Context
L&W POL No. 3 FPCL Wharf Upgrades and New Facilities
L&W POL No. 4 Objectives
L&W POL No. 5 Scope
L&W POL No. 6 Current Access Arrangements
L&W POL No. 7 Local Wharf Berthing Priorities
L&W POL No. 8 New Access Policy
L&W POL No. 9 Repairs and Damage to Wharfs
L&W POL No. 10 Waste Management at Wharfs
L&W POL No. 11 Live Aboard Rules
L&W POL NO. 12 Pricing

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LOCAL WHARF POLICIES AND PROCEDURES

TERMS & DEFINITIONS

TERMS DEFINITIONS

FPLC: Fiji Port Corporation Limited.


Gate In/Gate Out Receivable and delivery of cargo/containers
from/to shipper/consignee Vehicle at the
entrance/exit to the port (including empty
containers).

Grt/grt: Gross Registered Tonnes. A measurement of


space in a ship, including its cargo carrying
space, as set out in its Certificate of Registry and
Certificate of Class.

HMC Cargo: Cargo carried under bond, specifically cargo or


containers loaded in a declared port of entry in
Fiji, destined for another declared port of entry
port in Fiji – ie Suva, Lautoka, Levuka, Malau,
Wairiki or Rotuma only.

Hour: Includes part of an hour.

Incinerator: Rate excludes labour, meals, transport and any


other payments if applicable.

Inter-Island Vessel: A local vessel used for the purpose of carrying


cargo or passengers to destinations within the Fiji
Islands.

ISPS Security: Applicable only when FPCL conducts security


rounds of vessels at anchor or Vessels at anchor
or moorings at the vessel owner’s request.

Local Goods: Goods carried to or from other places within the


Fiji Islands.

Local Vessel: A vessel, whether registered in the Fiji Islands or


abroad, in respect of which a Coastal Trading
License has been issued under the Marine Act
and which trades solely between ports in the Fiji

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Islands; or an overseas fishing vessel currently
licensed to fish in local waters and considered as
a local vessel by Customs.

Machinery: Includes excavators, forklifts, tractors, diggers and


earth working equipment.

Naval Vessel: A vessel of the Republic of the Fiji Islands Military


Forces or the armed forces of another country.

Non Compulsory: Where the Master or owner’s agent of a vessel


requests the services of a pilot.

Pilotage: Pilot for navigation through an area not


regulated as a compulsory pilotage area, a
charge will apply for the transport of the pilot to
the vessel and for the services of the pilot. Such
charges are additional to charges levied for
services in a compulsory pilotage area, if
applicable.

On-carriage: Cargo carried to its final destination by land


under a through Bill of Lading.

Out Port: A port at which services are provided by FPCL


only on an “as needs basis” – specifically Levuka,
Malau, Wairiki and Rotuma.

Out Port Pilot: A pilot provided by FPCL who travels from his
home port to board a vessel at an out port or
returns to his home port from an out-port.
Charges for his service include travel,
accommodation and any applicable
allowances. See “Out Port’ above.

Passenger Vessel: A vessel primarily designed and used for the


carriage of passengers.

Pool B Machine Hire: Where FPCL or FPTL hire any additional machinery
for extraordinary tasks at the request of a third
party.

Pre-arranged Storage: Storage for cargo or containers outside the


allowable free time, by arrangement in
advance between the ship’s agent or cargo
owner and FPCL.
L&W POL: Terms and Definitions Version: 3 (Draft) Page: 2 of 4
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Revenue Tonne: Measurement of cargo as used by the operator
of the import or export vessel in calculating
freight normally being one cubic metre or tonne
(1000 Kg). To ensure consistency the manifested
measurement used to calculate the freight rate
will be applied by Fiji Ports.

Shifting: The removal of a vessel in the port or anchorage


to some other place in the same port or
anchorage, including unberthing or berthing at a
wharf or buoys, or unberthing and anchoring or
weighing anchor and re- anchoring.

Shift on Board: Internal re-slow of a vessel’s cargo or containers.

Stevedoring Charge: A charge levied by PTL for the loading/unloading


of cargo or containers onto or off a vessel. The
charge is inclusive of labour, meals, travel, gear
hire, etc.

Storage: The storing of cargo or containers in prescribed


storage areas or buildings within the port area or
in off-wharf areas controlled by FPCL.

Storage – Empty: The chargeable storage period for an empty


container stored on FPCL’s property.

Containers: premises awaiting loading onto a vessel shall be


deemed to have ended when that vessel berths
at the port in which the container is stored. No
further charges will be incurred regardless of the
length of period that elapses until the container is
loading abroad the vessel.

Space: Where a person is granted space on FPCL’s


premises for the purpose of: sorting goods; steam
cleaning; fumigation; container cleaning; storing
pallets and cargo gear, any other similar
function; he shall pay to FPCL charges calculated
per rate or part of a week for each square metre
of space so granted.

Stuffing/Unstuffing: Applicable mainly to the loading of containers


with fish for export.

L&W POL: Terms and Definitions Version: 3 (Draft) Page: 3 of 4


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TEU: Twenty foot Equivalent Unit. A container that
meets ISO dimensions of 6.1 metres in length.

Tonne: Includes part of a tonne: When used in reference


to cargo, means 1000 litres of bulk liquid cargo;
for dry cargo, means 1000 kilograms.

Transshipment: Goods or containers landed from a foreign port


and consigned to another foreign port on a
through Bill of Lading which are loaded and re-
shipped at the same port without leaving the
control of Customs while in a port in the Fiji
Islands.

Such cargo must be declared to FPCL prior to the


inward vessel’s arrival. Failure to do so will result in
normal import cargo charges being applied.

Wharf Cleaning: Cleaning of wharf after discharge of wheat, coal,


clinker or fertilizer.

Washing: Includes empty containers inclusive of labour and


water charges.

Year: Includes part of a calendar year.

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FIJI PORTS CORPORATION LIMITED

LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 1 “Introduction”

1. INTRODUCTION

Through ownership Fiji Port Corporations Limited controls 2 ferry


wharves and one fishing wharf. Of these wharves 2 are
predominantly used for inter-island services including providing
charter and tourist services, with 1 in Suva used by fishing
operators. Currently, operators are able to access the wharves
through simple approval methods either on account or by cash
payments over many years.

FPCL is developing a new Wharf Access Policy in response to


government and stakeholder concerns about safety, facilities and
the lack of consistency and transparency across the various
agreements. The new Policy will also support the Government’s
commitment to facilitate safe transport development for all islands
on a cost neutral basis to stakeholders.

Operations on the wharfs are supervised but have not been


subject to rules and policies and port users do not generally
operate under internationally accepted safety and security rules.
Comprehensive policies being designed are to cover all
operations on the wharfs embracing all local and Non Imo
International vessels operating in FPCL Ports of Lautoka and Suva.
Wharf Access Policy will be part of a range of policies, procedures
and rules of operations on the FPCL Ports once endorsed by the
Board of FPCL.

The issues being addressed are of major consequence due to


increased demand for wharf access, lack of appropriate facilities
and timely repairs and maintenance of the Wharfs by FPCL over a

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long period of time and poor standards of operations and
maintenance of vessels by some Port Users.

Initial Industry Workshops to gauge the initial views of operators on


a range of wharf access issues. Feedback received from the
workshops has helped inform the development of this Draft
Position Paper.

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LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 2 “Legislative and Policy Context”

2. LEGISLATIVE AND POLICY CONTEXT

a. Legislation

The Sea Port Management Act 2005 establishes Fiji Port


Corporation Limited as Fiji’s Port management Company for
Lautoka, Suva and Lautoka as the central manager with
responsibility for policy, the delivery and management of
maritime transport infrastructure and all operations within
the port transport sector. Regulations can be made under
the Act enabling FPCL to exercise its functions, including
those related to the use of and access to passenger
transport facilities.

As well as being a wharf owner, FPCL is currently the


regulator and responsible for wharf safety in its Ports. As port
management company under the Act 8.(d) FPCL may do
anything in relation to the provision of service within a port
and the approaches to a port, including the services for
which rates may be charged under section 18:.

Part 7 – Licensing of Port users primarily focuses on the terms


and conditions and granting or removal (suspension) of
licenses for Port users. 23.(3) provides that where a condition
relates to a matter affecting safety or security the condition
may be imposed by the Chief Executive Officer during the
currency of the license (Port User License). Ensuring the
safety of public ferry wharves is a priority of FPCL and FPCL
retains the right issue wharf Port Users with improvement
notices and prohibition notices on safety grounds.

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Under section SPMA 2005 Section 26 Powers in relation to
the berthing and movement of vessels – (1) – (7) the CEO
has the power of imposing restrictions on the operation of
vessels in navigable waters for the safety of the public or for
the protection of vessels or other property. Under this
provision, unauthorised use of a wharf may constitute an
offence subject to penalty notice or court action. Relevant
provisions include: Powers in relation to the berthing and
movement of vessels 26.-(1)

With the authority of the Chief Executive Officer, employees


of a port management company may -
(a) give directions in relation to the berthing,
mooring or anchoring, and the method of
anchoring, of any vessels in a port or the
approaches to a port;
(b) direct the removal of any vessel from any berth,
station or anchorage to another berth, station or
anchorage;
(c) regulate the movement of vessels generally.

b. Review of Sea Port Management Act and Regulations.


In the next 12 months it is expected that a comprehensive
review of the Sea Port Management Act 2005 and the Sea
Port Management Regulations of 2008 will be completed.

This review will be done for the purposes of eliminating


conflicts between the Act and other Fiji legislation, creating
clarity and operational functionality.

c. Related Government Policies and Projects


The Fiji Government is delivering a range of service
improvements, infrastructure upgrades and policy changes
in order to grow and improve Fiji’s ferry system and improve
the level of services available to customers. Significant
progress has already been made with the restoration of
services, upgrades to a number of regional wharves by Fiji
Roads Authority.

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LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 3 “FPCL Wharf Upgrades and New Facilities”

3. FPCL WHARF UPGRADES AND NEW FACILITIES

3.a Wharf Upgrade Program

FPCL will progressively upgrade existing wharves across Suva


and Lautoka harbour to improve facilities, operations and
safety for ferry customers and all wharf users. The overall
program is planned to be completed by late 2015, early 2016
for all FPCL wharfs.

Annexure 1 outlines current funded and proposed upgrades


and the project time lines.

3.b FPCL Wharf Expansion Program

FPCL recognizes that the existing wharfs do not meet current


demand or requirements and that at a minimum expansion
of existing facilities where economically feasible or building of
new facilities is desirable. Annexure 3 outlines current
expansion program considerations.

3.c Access during the Upgrade Program

Port Users can expect that there will be some access issues
during upgrade programs. Work on the wharfs and extensions
planned will necessarily interrupt regular access
arrangements to some extent although FPCL will do
everything possible to not inconvenience operators.

Immediate short term works will include repair of


replacements to fenders and bollards, wharf edge repairs
and safety markings, replacement of mooring rings, first aid,

L&W POL NO. 3: FPCL Wharf Upgrades and New Facilities Version: 3 (Draft) Page: 1 of 3
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fire and lifesaving equipment made available. Wharf access
ladders, lighting, public address systems and alarms and
many other improvements are being planned.

3.d Facilitation of New Regulated Wharf Operations

To help facilitate new service proposals, scheduling of access


may be required outside peak daylight hours for berthing slots
at both Muaiwalu I and II Wharf requiring night time
scheduled supervised operations under lights. Under such
scheduling FPCL will provide security and supervised access
and the necessary lighting. Operators able to make their own
commercial decisions about service time, levels and FPCL will
under such circumstances do its best to work with operators.

As a result of these initiatives a new regulated service will


begin operating in 2015 once the new policies are Board
approved and renovations commissioned.

3.e Provision of Forklift at Muaiwalu I & II

The provision of forklift at Muaiwalu wharves and the fishing


Port could provide a much needed service for operators.
Presently, ships have to engage private forklifts to perform
jobs at the two local ports.

This is a basis service which is provided by Ports and the


deployment of some machines to the local wharfs would
earn revenue for the port, in addition our RRWs could be
trained to operate these machines.

3.f Installation of Shore Powers


The installation of shore powers would alleviate costs for ship-
owners who would have the option to switch generators off
and save fuel if ships are idle. Power has to be maintained on
vessels even when they are alongside and this service would
provide more attractive alternatives to ship operators. This
would also keep with international standards where shore
powers are always made available for ships when they are in
port.
L&W POL NO. 3: FPCL Wharf Upgrades and New Facilities Version: 3 (Draft) Page: 2 of 3
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3.g Installation of Reefer Point
It is suggested that two or three reefer pointers be installed at
Muaiwalu II wharf along the fence between the two gates to
accommodate any overspill from the Kings Wharf or to
provide this much needed service to Local ship-owners.

3.h Extension of Fishing Port


The number of fishing vessels using Muaiwalu I has continued
to increase in the past few years. It would be prudent that
the company now carry out an analysis of the shipping data
on the use of the Fishing Port in order to convince itself if this is
the right moment to extend the Port because of the volumne
of calls now being made to the Port.

3.i Provision of Berth Space


The Department has faced a lot of challenges on the
provision of berth space as and when these are required. On
many occasions there has been a log of confrontation
between port officials and ship operators hence the space is
not sufficient at a particular time.

Despite these incidences, staff members continue to juggle


with berth space and time in order to try and accommodate
every ship-owners. These are difficult situations, which require
the attention of the Company.

These events indicate that increasingly, the local vessels


numbers have continually grown and there is now a need for
the Company to consider building new berths for locally
owned vessels.

L&W POL NO. 3: FPCL Wharf Upgrades and New Facilities Version: 3 (Draft) Page: 3 of 3
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LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 4 “Objectives”

4. OBJECTIVES

Consistent with related Government policies and broader transport


and maritime strategic priorities, the following objectives will be
used to guide the development of the new Wharf Access Policy:

• Facilitate increased safety and better transport options for


customers.

• Promote increased utilisation of FPCL facilities


infrastructure by allocating and managing wharf
capacity effectively and equitably.

• Enable FPCL to perform its role as wharf owner and


maintainer in a financially sustainable way.

• Minimise administrative requirements on industry and


FPCL.

• Ensure wharf access arrangements are widely accepted


and easily understood by industry and other stakeholders.

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LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 5 “Scope”

5. SCOPE

The Wharf Access Policy will apply to all wharves controlled by


FPCL.

As the wharves are not controlled by FPCL they are not within the
scope of the proposed Wharf Access Policy, however any private
wharfs used for any reason within FPCL Port Area will be subject to
FPCL Policies compliance.

L&W POL NO. 7: Local Wharf Berthing Priorities Version: 3 (Draft)t Page: 1 of 1
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LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 6 “Current Access Arrangements”

6. CURRENT ACCESS ARRANGEMENTS

There are currently two ways in which fishing, Ro Ro, ferry, barges
and charter operators are able to gain access to FPCL wharves.
The arrangements have evolved over time on a largely un-
reviewed basis in response to the market and past authority
policies.

Current arrangements involve use of a simple Application for Berth


– Local Wharf as per Annexure 1. And a Local vessel Cash Invoice
or Local vessel Account Invoice for approved account holders.

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LW POL No. 7 “Local Wharf Berthing Priorities”

7. LOCAL WHARF BERTHING PRIORITIES:

Unless extenuating circumstances dictate otherwise, the


following priority shall determine the order in which vessels will
be allocated to berths within the wharfs in ports under the
control of FPCL:

(a) Passenger vessels (being interisland ferries including local


Ro Ro) for Muaiwalu II and in Lautoka and for Muaiwalu I,
Walu Bay Fishing vessels.
(d) RoRo vessels and multipurpose vessels not carrying
passengers

(c) Other cargo vessels including barges.

(d) Vessels of the armed services of Fiji or any other nation

(e) Research vessels.

(f) Private recreational vessels

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LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 8 “New Access Policy”

8. NEW ACCESS POLICY

The New Access Policy is designed to make sure operators are


aware compliant with relevant Port user obligations and FPCL
Policies.

FPCL is always seeking to assist the development new service


proposals and eliminate concerns about inequity between
operators.

8.1 New Wharf Access Agreements.

The Wharf Access Agreement (WAA) covers all of the FPCL


wharves and replaces the Application for Berth – Local
Wharf. It is an agreement which allows FPCL to regulated
operators with access rights to the wharves for the
purposes of delivering professional safe operation
standards services. The WAA was established in response
to the stakeholder responses to provide certainty to
Government, operators and the public regarding its
access arrangements.

8.1.1 Single Use Application for Berth.

8.1.2 Annual Application for Berthing Rights.

8.1.3 Container / Freight Storage Application.

8.1.4 Equipment and vehicle facilitation application.

8.1.5 Variations for applications.

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8.2 Basic Conditions all applications.

The "Standard conditions for observance of good


management in FPCL wharfs” shall apply use for commercial
handling of goods, vehicles, persons and landing of fish, within
the area laid down in the Sea Port Management Act 2005
and associated regulations for the observance of good order
of the individual ports. Supplementary policies and
procedures rules may be laid down by FPCL at any time. All
Port users are required to be familiar with such conditions,
rules, policies and regulations. Companies, etc. (legal entities)
may be liable to penalty pursuant to the provisions of Sea Port
Management Act 2005 and associated regulations.

8.2.(a) Notification, navigation in harbour, entry anchorage


and mooring.

(a).(1) Before a ship calls at the port, the master, broker or


agent of the ship shall notify this to FPCL. Notification
shall take place.
1) at least 24 hours before arrival, or

2) not later than when the ship departs from


the previous port if the voyage time is less
than 24 hours, or

3) as soon as the port of call is known if this


information is not available more than 24
hours before arrival or if it is changed
during the voyage.

a.(2) The notification shall at least be accompanied by the


following:

1) Information on the ship's data, expected


time of arrival and the expected time of
stay in the port.

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2) Information on the purpose of the ship's
call at the port, including whether a berth
is required at a secure port facility.

3) All information required by the port pursuant


to the rules in force at any time for
administration of a secure port facility
when a berth is requested at such a
facility.

4) Information on whether the ship carries


dangerous goods, the nature and quantity
of such goods, whether they are to be
unloaded in the port, or whether
dangerous goods are to be loaded in the
port. Dangerous goods shall mean goods
comprised by the rules on sea transport of
dangerous goods in force at any time.

5) Notification of ship-generated waste and


cargo residue which is expected to be
disposed of in the port pursuant to the rules
in force at any time3).

6) Information on whether waste is otherwise


expected to be disposed of and how
disposal is intended to take place.

a.(3) The deadlines stated in Section a(1) shall not apply to


ships in regular service with a wharf berth agreement
in the port of arrival.

a.(4) When the FPCL so requests, the master, owner, broker


or agent of the ship shall produce the official papers
of the ship and provide all relevant information on the
ship, its cargo and ownership. FPCL may require that
the ship's papers and certificates or a part of these be
lodged with FPCL during the ship's stay at the port.

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Vessels in regular service at the wharfs shall lodge
copies once of current ships papers and certificates
and only re-lodge if there is a change in particulars or
currency of papers.

a.(5) FPCL may make it a condition of the berthing that the


owner, user or broker/agent of the ship provides
satisfactory guarantee to the port authority for any
claims that may be raised against the ship at berth in
a FPCL wharf.

8.2.b. The condition of the ship

b.(1) At the time of notification, and during the ship's


stay at the port, the ship shall be seaworthy and
issued with all the necessary certificates in
accordance with the ship’s class and applicable
Fiji and international regulations.

8.2.c. Berths

c.(1) A ship, which carries dangerous goods and


which does not comply with the applicable Fiji
and/or international environmental and safety
regulations, occupational health regulations and
conditions for such transport, may be refused by
the FPCL.

c.(2) In consultation with the local authority's


emergency service, the FPCL shall be entitled to
refuse a ship if the necessary safety measures for
handling of dangerous goods cannot be taken.

c.(3) Otherwise the FPCL allocates berths to ships. The


FPCL may decide that parts of the port shall be
reserved for specified types of ships. The FPCL
shall at any time decide in which order the ships
shall be allocated berths. As the principal rule
ships will be allocated berths in the order in which
they arrive. Passenger Ferries/ Ships in regular
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service with fixed berth arrangements shall be
exempt from this rule, just as the FPCL may allow
a ship priority to a berth close to the storage
facilities from/to which the ship is to load or
unload goods, or to a berth at a secure port
facility.

c.(4) FPCL shall be entitled to refuse to grant ships


berths at a secure port facility pursuant to the
rules in force at any time.

c.(5) Ships shall be moored at the berth assigned to


them by FPCL, and ships shall not shift berth
unless the permission of the has been obtained.
The port authority shall have a right to demand
that a ship shift berth and a right to have a ship
shifted at the ship's own expense and risk if such
an order is not complied with Anchoring S. 4.
Ships shall not anchor within the territorial waters
of the port or in the navigation channels of the
port without absolute necessity, unless the
special permission of the port authority has been
obtained.

c.(6) Ships at anchor within the port shall retain on


board a crew appropriate to the size of the ship
and maintain proper radio vigilance at all times.

c.(7) FPCL shall be entitled to demand that ships that


anchor within the port be moved if the port
authority assesses that such ships prevent free
and safe passage. In the event that anchoring
has not ceased at the time fixed by the FPCL,
FPCL shall have the right to have the ship moved
at the ship's own expense and risk.

c.(8) No ship shall lie with warps (mooring lines) out or


obstruct channels with moorings unless the
special permission of FPCL has been obtained.
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8.2.d. Navigation in the harbour
d.(1) Unauthorised navigation near a secure port
facility is prohibited, when FPCL by the posting of
signs, buoying or in another conspicuous manner
has indicated that unauthorised navigation is
prohibited within a specified area.

d.(2) Navigation within the port area shall be at


speeds that do not exceed the speed limits
posted or, in lack of such speed limits, at such
low speed that no inconvenience is caused to
others. Navigation shall be such that there is no
risk of damage to port installations, ships and their
moorings.

The maximum speed is as follows:

Within the port’s maritime area 10 knots;


In the outer harbour 7 knots;
All other port areas 3 knots including approaches
to Local Wharfs during unfavourable weather
conditions, higher speed can be maintained if
this is deemed necessary out of consideration for
the safe manoeuvring of the ship.

Ships which frequent the port as part of regular


service must be equipped with a dock alarm
system.

Pleasure craft and skiffs are not permitted to


enter the immediate port areas without
obtaining advance permission from the FPCL
harbour master.

8.2.e. Mooring

e.(1) Ships shall only moor to the bollards, hooks, or


rings intended for that purpose. Ships shall be
quipped with adequate fendering against the
quay to ensure that the quay construction,
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fenders or other ships are not damaged.
Furthermore, any instructions from FPCL regarding
mooring shall be observed. The ship shall ensure
that there is a safe and illuminated gangway
which does not obstruct free passage wharf
vehicles.

e.(2) When several ships moor beside each other, ships


lying on the shore side of the outside ship shall
ensure free, safe, and illuminated passage over
the deck and from ship to ship.

e.(3) Vessels must not moor in the harbour in raft


formation without the specific approval of FPCL
and shall meet and observe all the following
conditions: -
(i) Rafting is limited to three (3) vessels on a
single mooring and will only be allowed
providing it does not interfere with
adjacent single moorings or anchorages.
Boats in raft shall be manned at all times
with the center boat made fast to the
mooring. Any rafting is done at owners’ risk.
Rafting on anchor is only allowed when the
Harbour Master approves the location and
type of anchor.

(ii) If individuals/ crew are accommodated on


board, FPCL must be made aware of
arrangements made for crews including
rubbish and sewage disposal, number of
crew, person in charge.

(iii) If required, ships shall have all discharge


openings in the side of the ship equipped
with appropriate discharge casings to
prevent discharged water from running
over other ships or over the quay.
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(iv) Ships suspected of having rats or other
vermin on board shall mount metal screens
to prevent such vermin from coming
ashore.

8.2.(f) Loading and unloading

f.(1) Dangerous goods

(i) FPCL shall be entitled to order a ship


loading or unloading dangerous goods to
leave the port immediately if it does not
comply with Fiji and/or international
environmental and safety regulations,
occupational health regulations and
conditions for such transport, including if
loading or unloading already initiated is
ordered to be stopped.

(ii) In consultation with the local authority's


emergency service, FPCL shall be entitled
to order a ship to arrange for the necessary
safety measures on board or ashore and to
pay the costs incurred in that connection.

f.(2) Fire-warning signal

(i) Ships that load or unload or transport


dangerous goods shall within the port area
give a fire-warning signal as long as the
ships have such cargo on board.

(ii) The fire-warning signal, which shall be


given from the place on the ship where it
can best be seen, shall be the international
signal flag B during daylight hours and a
lantern showing a red light around the
whole horizon during hours of darkness.

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f.(3) Immediate departure

(i) FPCL shall be entitled to order a ship to


leave a berth at a secure port facility in
accordance with the rules in force at any
time.

(ii) A ship giving a fire-warning signal shall at


all times be prepared to cast off for
immediate departure under its own
propulsion.

(iii) All vessel owners towing hawsers shall be


made of non- inflammable material,
fastened on board and eased off to the
water surface fore and aft. The crew
required for the ship's departure shall be on
board at any time.

(iv) If the loading and unloading of a ship does


not take place at a pace deemed to be
normal by FPCL, and the work
consequently cannot be completed within
the time normally spent on the type of
passengers and/or cargo concerned, FPCL
shall, after prior notification to that effect,
be entitled to demand that the ship at its
own expense shift berth or leave the port
temporarily if another ship is waiting for a
loading or unloading berth.

(v) Although the work may have been


initiated in due time and continued
without interruption, the ship shall,
however, shift to another berth when FPCL
deems it necessary. In that case, the ship
shall have a preferential right to demand a
berth where its loading or unloading can
continue.

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f.(4) Passenger loading unloading - management

Conditions Precedent Passenger Vessels

It is a FPCL condition precedent to wharf access


that passenger vessels at FPCL wharfs observe
the following operational procedures. Failure or a
breach of these conditions may result in removal
of the right of access:-

(a) FPCL requires that every vessel carrying more


than 12 passengers loading or unloading at its
wharfs shall have sufficient crew responsible
for passenger safety and the master trained in
crowd management and reserves the right to
stop or restrict wharf access or place special
conditions on any vessel without suitably
trained and qualified staff.

(b) FPCL requires all passenger vessels operating


at its wharfs to have current and adequate
public liability insurances and that FPCL be
named an additional insured party with a
copy provided to FPCL.

(c) FPCL bans all smoking at its wharfs either on


vessels of on the wharf or in FPCL provided
facilities other than in the marked FPCL
smoking areas.

(d) FPCL bans all drinking of alcohol, use of drugs


or consumption of Kava on the wharf or on
vessels alongside FPCL wharfs.

(e) No vessels shall load or unload passengers


until such time as the berthing is completed
and the vessel is secured to the wharf.

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(f) Each passenger shall be individually ticketed
and the owners shall record name, age and
sex for each passenger.

(g) Passengers with tickets only shall have access


to the wharf unless specific exemption is
granted, Guests of passengers shall wait in
departure arrival waiting areas.

(h) Passenger should be priority loaded and


unloaded, disabled and elderly,
unaccompanied children (with prior
arrangements) families with children followed
by adults.

(i) If the operator offers private cabins as a


differentiated ticket class they may be
boarded as a priority.

(j) Each vessels gangway for passenger loading


shall comply with international standards
including meeting IMO guidelines. Those
vessels non-compliant shall be given notice
and no more than 30 days to correct and
meet compliance or loose wharf access.

(i) They should not be placed in a location


where cargo may be suspended
overhead,
(ii) There must be adequate illumination.
(iii) There must be adequate handrails
suitable for all ages.
(iv) They must have a non-slip surface and
be in good condition.
(v) They should be load tested and signage
should indicate limits.

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(vi) They must not be positioned at an
angle greater than 30 degree’s.
(vii) They should be secured at both ends
prior to passenger use.
(viii) For Ro Ro vessels passengers should
embark via a safe separate walkway
separated from traffic or when no traffic
is allowed on ramp.
(ix) All deck crew are wearing hi-visibility
jackets and appropriate footwear.

Owners of vessels must never load more


passengers than their legal capacity. In default
FPCL may remove all berthing rights.

Check-In

All passengers are to be ticketed and available


to board thirty minutes prior to sailing. Passengers
shall not be allowed on to the wharf until the
vessel is ready for Boarding. No non traveling
passengers shall be allowed on to the wharf.
Unaccompanied minors must have prearranged
supervision with the operator (see provisions
below). Seniors and disabled persons needing
boarding assistance must have arrangements
made with operator prior to commencement of
boarding.

Non-compliance may result in loss of your


reserved space and denial of passage for that
sailing.

Boarding

Boarding may only occur when all freight


including non-carryon luggage is loaded.
Passengers may only carry on manageable
luggage. Boarding will be prioritized as follows:-

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1. Seniors and disabled persons needing
boarding assistance;
2. Unaccompanied minors and pregnant
women.
3. Families with infant children under 12 years
old.
4. All other passengers.

If the operator offers private cabins as a


differentiated ticket class, they may be boarded
as a priority.

Security

All passengers 18 and over are required to


present a valid government-issued photo ID prior
to boarding the vessel. Additional security
measures may be imposed.

Unaccompanied Minors

Passengers must be at least 12 years of age to


travel without an adult. Passengers 12 to 15 years
of age, traveling alone, must have a parent or
guardian complete an Unaccompanied Minor
form.

Smoking

For the health and convenience of passengers,


smoking is only permitted in designated areas in
the wharf and is not allowed on the outside
decks of vessels moored at FPCL wharfs.

Passenger Conduct

The FPCL reserves the right to refuse access to


the wharf and subsequently passage to any
person apparently under the influence of drugs

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or alcohol, or any person whose conduct would
be considered dangerous or objectionable to
other passengers. Alcohol, Kava and illegal drugs
may not be consumed, or used on any FPCL
wharf. Any persons who attempt to gain passage
in a fraudulent manner will be denied access.
Those violating these policies may be subject to
prosecution and may result in denial of future
access to FPCL facilities.

Passenger Check-In

Vehicles (and its passengers) are to be ticketed


and available to board one hour prior to sailing.
Walk-On Passengers are to be ticketed and
available to board thirty minutes prior to sailing.
Operators must ensure compliance as a
condition of wharf access. Non compliance may
result in loss of your reserved space and denial of
passage for that sailing.

f.(5) Loading and Unloading.

f.(5).1 Ro Ro Loading.

All companies operating Ro Ro vessels from FPCL


wharfs shall comply with the following operating
undertakings:

(a) All vehicles and freight shall be loaded


prior to passengers (excluding drivers of
vehicles traveling with them). Only drivers
shall be allowed on the vessel at this stage.

(b) Passengers may only take “carry on”


luggage on the vessel all other bags must
be tagged and loaded and stored
separately.
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(c) All ticketed passengers shall be moved
direct to a gangway from the departure
holding area through a barricaded
passage. Passengers shall be boarded,
according to FPCL priorities.

(d) Only where an aged or disabled person is


involved can a non-traveling individual
assist if vessel crew can’t help.

(e) Use of a PA system and deck crew to


ensure everyone complies with these
provisions is required.

(f) When carrying dangerous goods (i.e.


petrol tankers) no more than 25 persons
shall be carried on board. Owners must
ensure that crew, passengers and
management are aware of the legal
requirements for maintaining the specified
distance between the dangerous goods
and the passengers.

(g) Ensure appropriate safety signage is


posted, i.e. “no smoking on vehicular
deck”, “beware of slippery deck when
wet”, and “mind your step” when moving
from vehicular deck to passenger lounge.

f.(5).2 Ro Ro Landing.

All companies operating Ro Ro vessels from FPCL


wharfs shall comply with the following operating
undertakings:-

On arrival at a FPCL wharf: -

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(a) No disembarkment shall occur until
mooring is completed to acceptable
standards.
(b) The vessels designated safety officer shall
supervise and be responsible for safety of
passengers at FPCL wharfs.
(c) All ticketed passengers shall disembark
and be moved directly through a
barricaded passage to an arrival area to
wait for luggage and or vehicles.
(d) On completion of passenger
disembarkment, vehicles may be
disembarked and subsequently freight.
(e) For safety reasons only drivers may be in
vehicles while being driven off Ro Ro
vessels. Use the PA system and deck crew
to ensure everyone complies with this.

f.(5).3 Inter Island Ferry Operations Loading/Landing,

Boarding

Boarding may only occur when all freight


including non-carryon luggage is loaded. No
freight may be loaded or unloaded when
passengers are in the wharf deck.

Hazardous Materials

Explosives or highly flammable materials and


other corrosives may not be transported from
FPCL wharfs without prior clearance and
disclosure.

Subject to notice and advice and at FPCL


absolute discretion, it is permitted to take gas,
kerosene, motor fuel and diesel or oil in addition
to what is held in the vessels tank. A reasonable
amount of helium is permitted. Limited quantities

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propane is permitted, per vehicle. Oxygen is
allowed, but No Acetylene is allowed on the
wharf.

Hand Luggage

Walk-on passengers may bring hand luggage,


with weight not to exceed 100 pounds per
person. For security reasons, only items in the
care and custody of a passenger will be
accepted. Passengers are responsible for the
handling and the safety of their luggage,
including placing it on and off FPCL provided
luggage carts. Unaccompanied personal
luggage is not permitted and will be confiscated.
All luggage and freight may be subject to bio
security searches.

Luggage and Freight


Passenger luggage including produce and food
stuffs must be clearly labeled and handled by
vessel appoint staff.

f.(5).4 Fishing Vessels.


The fishing operations at FPCL wharfs are for the
load, unload, provisioning and refuel of the Fiji
based and international fishing fleets. Demand
for berths exceeds existing capacity and this has
resulted in vessels lashing alongside each other.

The ability to meet demand for berths at FPCL


wharfs will require tighter access and berth
allocation arrangements and a more sustainable,
efficient and effective management of the
recourses of FPCL.

Berthing at Muaiwalu I or 11 in Walu Bay is


restricted to vessels under 35 meters in length

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without specific written approval of the Harbour
master.

Compliance with Directions


All users of Fishing Wharf must comply with the
directions of authorized FPCL personnel and must
make themselves aware of applicable policies
on the FPCL's website at www.fijiports.com.fj
including those related to health, safety and the
environment. FPCL reserves the right to refuse
access to any person or user to a Wharf or and to
temporarily or permanently relocate any user to
another wharf. FPCL may rescind access rights of
any Port User and such Port User shall have the
right of appeal to the CEO or COO of Ports.

Security, Health and Safety,


For the sake of meeting best practices in fishing
management and handling, FPCL requires fishing
vessels berthing at its wharfs to meet acceptable
international standards including but not limited
to: -

For the protection of the safety and health of


workers and all Port Users, Vessel Owners shall
take the measures necessary to ensure that,
without prejudice to the skipper's responsibility,
owners:

(a) ensure that the vessels and their fittings


and equipment are technically
maintained, and that any defects found
which are likely to affect the safety and
health of workers and other in FPCL port
are rectified as quickly as possible;

(b) take measures to ensure that the vessels


and all fittings and equipment are cleaned

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regularly in order to maintain an
appropriate standard of hygiene;

(c) keep on board the vessel an adequate


quantity of suitable emergency and first
aid equipment in good working order;

(d) take account of the FPCL Security, Safety


and Health Policies as applicable to all Port
users.

The owner must supplies the skipper with the


means needed to enable him/her to fulfill the
obligations imposed upon him/her or face
penalties including barring from wharf access.

Personal Hygiene and Port Sanitation

The standard of personal hygiene of the


workers employed inside a fishing harbour
depends on both the sanitary infrastructure
available and the harbour management in
enforcing certain directives. The sanitary
infrastructure is made up of:

• toilet facilities (with adequate showers);

• adequate supplies of soap and


detergents; and

• appropriate signs and billboards displayed


at strategic places.

In general, the sanitary infrastructure should be


able to cater for the total number of potential
workers within the wharf boundary; However past
experience has indicated facilities provided by
FPCL have been misused and damaged. On
adoption of this policy, facilities provided shall be
on an attendant managed user pays basis.

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Hygienic Handling of fish products,

The owner / master must ensure that: -

• Fish must not be placed or throw on to the


wharf deck top,

• Fish must not be distributed for individuals


to remove from the wharf but only supplied
to authorized companies.

• Individuals engaged to handle fish must be


supplied appropriate gloves and clothing,

• Under no circumstances shall fish be cut up


at the wharf and distributed in parts.

• All unloading shall be accomplished so as


not to interfere with any other operations
at the wharf.

• Unloading must be done in accordance


with conditions of wharf access and in
times specified in berthing access
application.

f.5.4 Barges.

To be completed.

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FIJI PORTS CORPORATION LIMITED

LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 9 “Repair and Damage to Wharfs”

9. REPAIR AND DAMAGE TO WHARFS.

Any vessel using the wharf shall not berth for a period of time
longer than is reasonably necessary to unload catch, take on
fuel, water, supplies. If a longer waiting time is required,
permission must be obtained or if the process is delayed, then it
will be at the discretion of FPCL to extend the period.

Vessels may not, without expressed written permission, undertake


minor repairs or installation of mechanical or electrical
equipment at FPCL wharfs. The undertaking of hot works at
Fishing wharfs is expressly prohibited.

The owner of a vessel causing damage to the wharf shall be


responsible for the repairs or costs incurred by FPCL (including
internal and staff costs) to repair such damage. Failure to pay for
repairs when invoiced may result is suspension of owners vessels
from berthing.

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LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 10 “Waste Management at Wharfs”

10. WASTE MANAGEMENT AT WHARFS

FPCL wharf attendants are authorized litter agents and will fine
all individuals on the spot for any littering, FPCL has
Environmental Policies and is committed to Fiji having “Green
Ports”.

To FPCL the three major areas of concern are:

• water quality standards of all the water used in the port


(potable and seawater);

• personal hygiene of the shore-based workers; and

• standard of cleanliness of the port in general.

These three areas of concern translate into drastic changes in


the long term. In particular, these involve:

• minimizing and eventually eliminating harbour and


coastal pollution from point and non-point sources;

• improving sanitation and hygiene throughout the


fishing harbour; and

• maintaining port and harbour infrastructure in good


working order.

Simply put FPCL is concerned that Harbour seawater in Fiji is


currently not suitable for contact with any fish intended for
human consumption.

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Effluent from fishing operation, washing of vessels decks or
storage holds shall not be pumped or allowed to flow into the
harbour.

FPCL will establish a waste management compound providing


the facilities for separation of vessel waste. On implementation of
this policy, separate waste containers will be provided for: -

• Engine Oil, Bilge Oil an Hydraulic Oil.

• General food and galley waste.

• Plastics such as Pet bottles.

• mechanical and repair wastes.

Port users will be expected to dispose of waste in accordance


with FPCL Policy.

Bilge water and black water from vessel holding tanks must be
removed via authorized waste removal companies only and
such operation must be pre-arranged with FPCL.

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LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 11 “Live Aboard Rules”

11. LIVE ABOARD RULES

Owners of vessels who wish the vessel to remain in the FPCL Port
area must seek and get a live aboard license for the vessel to
remain in Port.

The Rule allows for live-aboard permits and extensions to be


granted to owners of vessels moored in Ports that have sewage
pump-out and/or dump rubbish facilities as described in the
rule. In general terms the following requirements are needed in
order to apply for an Extension of Live-Aboard Privileges:

• Owners must have a current paid up agreement with


FPCL.

• Owner must ensure the vessel is manned at all times


with adequate crew to navigate the vessel at all times
and on order from the Harbour master.

• Owners must certify that the vessel has a secured


mechanism to prevent discharge of treated and
untreated sewage. (i.e. including but not limited to
closing the seacock and padlocking, using a non-
releasable wire tie, or removing the seacock handle
(with the seacock closed).

• Owners must certify that they will not discharge any


sewage, treated or untreated, into FPCL Ports coastal
waters and that they will use a pump-out station to
empty their holding tank and keep a record of each
pump-out for one-year.

L&W POL NO. 11: Live Aboard Rules Version: 3 (Draft) Page: 1 of 4
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• Owners must certify that the vessel is capable of being
used as a means of transportation on the water and is
capable of safe, mechanically-propelled, navigation
under average Fiji ports coastal wind and current
conditions.

• Live-Aboard Extensions cannot be transferred.

• Individuals must request a modification to a Live-


Aboard Extension prior to re-locating to a new eligible
location.

• Live- Aboard Extensions must be renewed every month.

• Vessels associated with a Live-Aboard Extension are


subjected to inspections by FPCL.

• Owner must declare the total number of individuals


living on the vessel which must not exceed the
capacity of the vessel for reasonable accommodation,

• Owner must agree to random inspections by the


Harbour master and or any other authorised office
under Fiji Law.
Safety Onboard
On FPCL property, passenger and crew safety is the FPCL is the
highest priority, and the FPCL will set and adheres to strict safety
regulations to achieve this priority. FPCL expects all vessels with
access to ensure appropriate passenger and crew safety
measures are taken, Passengers once boarded shall be the vessel
masters and vessel owners liability at all times.
Vessel repairs, inspections and works at wharf.

While a ship lies in port outside a shipyard area, repair or


maintenance of the hull, machinery, installation, etc., which is not
prohibited pursuant to the current environmental legislation, shall
not be initiated without the permission of the port authority. Hot
works may not be done at wharf side without a specific approval
form executed.
L&W POL NO. 11: Live Aboard Rules Version: 3 (Draft) Page: 2 of 4
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Repair and maintenance work on a ship or equipment lying in port
if approved shall be carried out in accordance with the current
environmental and occupational health provisions.

During repair or maintenance work on a ship such work shall


otherwise be carried out in such a manner that FPCL deems that
third party and the surroundings are not disturbed, and that the
port area is not polluted.

The following activities are prohibited in the port area:

• The throwing overboard of waste of any kind, including


cargo remains;

• Burning, flushing out, pumping out or dumping of any


kind of solid or liquid waste, including oil, chemicals,
toilet waste, liquid waste from ship bilges, etc. and
residue or water containing such substances;

• In the event of an accident, the FPCL shall be informed


without delay, and the substances concerned shall be
removed immediately and if not FPCL may remove
substances at the vessel owner costs;

• Activities that involve unnecessary smoke, dust, smell or


noise, including unnecessary use of sirens and whistles.

11.1 Use of Port Areas.

11.1.1 Introduction of Parking Fees

It is a well-known fact that vehicles visit the port


areas to make money and it is only fair that FPCL
applies the same logic in charging fees to
vehicles parked within the port area.

The basis for this is that all spaces within the port
area are provided at a cost and the use of these
space must earn revenue for the company.

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11.2 Passenger Management.

11.3 Observance of FPCL rules and policies,

11.4 Terms of Business.

11.5 Code of Conduct.

11.6 Penalty Provisions.

11.6.1 Introduction to Penalty Rate

It is suggested that a penalty rate be


implemented for vessels using the Local
Wharves for repair and other non-operational
purposes. Presently, numerous users use the
wharves for repair and layby even though
there is shortage of berthing space already
within the local wharves.

Such charges would discourage these types


of operators or in the process of
accommodating them, earn additional
revenue for the company.

11.7 Operating Hours.

11.8 Wharf Booking System

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FIJI PORTS CORPORATION LIMITED

LOCAL WHARF POLICIES AND PROCEDURES

LW POL No. 12 “Pricing”

12. PRICING

Pricing arrangements for accessing transport infrastructure differ


across transport modes and jurisdictions depending on the
nature of the infrastructure, the market for its use and
Government policy objectives. Examples include cost-based
and market-based pricing approaches as well as approaches
designed to influence demand for use of the asset (eg time-of-
day tolling on roads).

Consistent with the objectives of the Wharf Access Policy and


with the principles adopted in other modes in Fiji, it is proposed
to use cost recovery as the main basis for setting access
charges for charter and ferry operators’ use of public ferry
wharves in Fiji –

To be completed.

12.1 ADMINISTRATION AND ENFORCEMENT

The terms and condition of the existing Wharf Booking


System will be reviewed to ensure all users comply with
relevant commercial vessel regulations and are fully
aware of their legal obligations when making a
booking.

Implementation of the proposed new policy, including


the proposed Commuter Wharf Permit, will be
supported by a review of enforcement mechanisms
and compliance arrangements, including appropriate
penalties to apply for unauthorised use of wharves.

L&W POL NO. 12: Pricing Version: 3 (Draft) Page: 1 of 2


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12.2 SIGNAGE AND TICKETING FACILITIES

12.3. IMPLEMENTATION

FPCL is seeking the views of vessel and ferry operators


and customers to assist in finalising the new Wharf
Access Policy. Comments on the Proposed Approach
or any other aspect of the Draft Position Paper can be
sent to the Office of the CEO by ???????????????????.

Following consideration of submissions received, it is


expected that a new Wharf Access Policy will be
finalised by mid-2015.

If approved, it is anticipated that the new


arrangements outlined in the Draft Position Paper
could be put in place by the end of 2013. The new
Commuter Wharf Permit system and the new fee
regime for the Wharf Booking System could commence
from 1 July 2013. While the initial transition to TfNSW
management of the WBS would have minimal impact
on operators, TfNSW would advise all WBS users of any
future system or process changes.

If approved, Expressions of Interest processes for 5-year


access agreements at Circular Quay Wharf 6 and
Manly Wharf East could be undertaken as soon as
practicable from 1 July 2013, noting that appropriate
notice would need to be given to those operators
currently using Wharf 6 under three- month renewable
agreements. TfNSW would seek to finalise the EOI
processes in order to allow operators to commence
new services prior to the start of the busy summer
season.

Comments received on the Draft Position Paper will


help determine the extent to which any new EOI
processes will involve bundles of slots on any particular
routes.

L&W POL NO. 12: Pricing Version: 3 (Draft) Page: 2 of 2


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