• About Mackay Seaport
  • Mackay Seaport Profile
  • Seaport Charges
  • Seaport Seaport Security Information
  • Seaport FAQ's
  • Port Notices and Information
    1. Introduction
    2. Liability for and Recovery of charges & Expenses
    3. General provisions about port management
    4. Port control
    5. Small craft - Additional requirements
    6. Incident reporting
    7. General – safety, environment, emergencies
    8. Towage services
    9. Refuse ship entry - No ISSC 21

Port Notices and Information

2 Liability for and recovery of charges & expenses

2.1 Charges

Mackay Port Authority levies charges for the use of facilities and services including small craft facilities. A schedule of these charges are obtainable from Mackay Port Authority.

2.2 Liable for Charges

If charges are payable with respect to a ship's mooring and services (including small craft), for goods, for passengers or for movement of ships, goods, vehicles or trains then the following are jointly and severally liable for making payment of the charges:

Ships:

• Owner
• Master
• Agent of the owner
• Any other person who has made themselves liable for the charge.

Goods:

• Owner
• Consignor
• Consignee
• Shipper
• Agent for the sale or custody of the goods
• Persons entitled to possession of the goods
• Master of the ship

Passengers:

• Owner of the ship
• Master of the ship
• Agent of the owner of the ship
• Any other person who has made themselves liable for charges

Movement of Train or Vehicle:

• Owner
• Driver

Movement of ships and Goods:

• Any person who would be liable for any charges payable by the ship or goods as defined in 'a' and 'b' above.

Daily interest at the default interest rate will be applied to outstanding charges not paid within the prescribed period of time.

2.3 Evasion of Charges

Intentional or reckless evasion of charges is an offence.

2.4 Recovery of Charges and Expenses by Detention

The Authority has the following rights under the Regulation:

• (a) Detention
  Mackay Port Authority has the power to detain any property that is in its port area as security for recovery of the charges and including any interest on the charges or other expenses accruing from non-payment.
  
  (b) Notice
  If this occurs, notice of the action will be given in writing to the owner or if the owner is not known, notice shall be published in a newspaper circulated generally within the state
• (c) Sale
  If the charges, interest and other expense remain unpaid, Mackay Port Authority has the power to sell the property to recover all costs associated with the detention and sale. Any surplus will be reimbursed to the owner. If the sale does not recover the full amount of all costs, then the balance remains as a debt and is still payable

Accessibility Disclaimer