Amendments No. 32k. and 32l. form a composite proposal and will be taken together, by agreement.
SECTION 59.
I move amendment No. 32k.:
In page 48, subsection (2), line 13, to delete "(other than the next following subsection)".
These are technical amendments. We have been advised by the parliamentary draftsman's office that from a drafting point of view and in the interests of consistency it would be desirable to delete the words "other than the next following subsection" from section 59 (2) and to substitute the words "unless the context otherwise requires". This means that references in part IV to pilotage agreements will be construed, unless the context otherwise requires, as references to pilotage agreements as amended or varied. The amendments are recommended to the committee.
Amendment agreed to.
I move amendment No. 32l.:
In page 48, subsection (2), line 14, after "shall" to insert ", unless the context otherwise requires,".
Amendment agreed to.
I move amendment No. 32m.:
In page 49, subsection (4) (a), line 2, after "traffic" to insert "requiring pilotage".
Not all traffic in a pilotage district will require the services of a pilot. Some ships, because of their size or draught, may be exempted by by-laws made by a port company. Other ships may be granted pilotage exemption certificates if the person in charge of the ship is considered competent enough to navigate the ship in the pilotage district without the services of a pilot. In the event that a port company decides to organise the provision of pilotage services by licensing persons to perform acts of pilotage, section 59 provides that a pilotage agreement will have to be drawn up between the company and the licensed pilots. Such an agreement will have to provide for, inter alia, the number of licensed pilots who shall, from time to time, provide pilotage services in the pilotage district and an increase or reduction in the number of such pilots in the event that there is an increase or reduction in traffic in the pilotage district.
It is only fair that a formula whereby there should be an increase or reduction in the number of pilots, in the event of an increase or reduction in traffic in the pilotage district, should form part of a pilotage agreement. However, the formula in question should relate only to traffic requiring pilotage and not all traffic will be subject to pilotage. Small ships and regular callers to ports will be exempted or granted pilotage exemption certificates as the case may be. The amendment is to clarify that the pilotage agreement in so far as pilot numbers is concerned will relate to ships requiring pilotage only. I recommend the amendment to the Committee.
Amendment agreed to.
Section 59, as amended, agreed to.