PROPOSED AMENDMENTS TO THE NATIONAL PORTS AUTHORITY BILL
  1. 67(1) If, in any area within a port –
  1. it is necessary to change the use to which immovable property may be put in order to improve the safety, efficiency and effectiveness of the operations of the port, the Authority may in writing addressed to the lessee and every lawful occupier of such property, and after having considered suitable alternative locations within the port to which such lessee or occupier may be relocated, direct that the use be altered to a new use;
  2. the terms of a long-term lease which existed immediately before this section took effect are substantially [unrelated to current market conditions including] prejudicial to the State because of unreasonable low rentals, no restrictions on subletting or no provision confining the use of the property to a use relating to the relevant port, the Authority may in writing addressed to the lessee direct that [the lease] the aforesaid terms be renegotiated in order to [bring the terms thereof in line with market conditions] remove such prejudice;
  3. Unchanged.

(2) (a) Delete.

(b) Before issuing a directive under subsection (1)(a), the Authority must in writing give the lessee and every lawful occupier of the property concerned -
  1. reasonable notice of the proposed change in use;
  2. full reasons for the proposed change in use, and the making available or not, as the case may be, of a suitable alternative location, as referred to in subsection (1)(a);
  3. reasonable opportunity to make representations in respect of the matters referred to in 2[(b)](a) and (b) above.

(3) (a) In the event of a directive being issued under subsection 1(b) or (c)], the Authority and the lessee must endeavour to negotiate the terms of a new lease [in relation to the immovable property];

(b) Unchanged.

(4) Unchanged.

 

2. Insertion of section 66 bis

Insofar as the activities within a port of a person authorised to undertake commercial fishing activities in terms of the Marine Living Resources Act, No.18 of 1998 constitute or comprise the provision of a port service or the operation of a port repair facility, for the purpose of section 57(1) any lease agreement covering such commercial fishing activities concluded prior to the date of commencement of this section is deemed to be a license issued in terms of this Act for the duration of such lease agreement.