Article 38 Payment of charges

(1)

The charges which the Authority is for the time being authorised to demand, take and recover in respect of vessels and goods or otherwise under any enactment—

(a)

are payable before the removal from the port of any vessel or goods in respect of which they are payable, and

(b)

may be demanded, taken and recovered—

(i)

by such persons,

(ii)

at such places,

(iii)

at such times, and

(iv)

under such terms and conditions,

as the Authority may from time to time specify in its published list of charges.

(2)

Charges payable to the Authority on or in respect of—

(a)

a vessel, shall be payable by the owner or master, and

(b)

goods, shall be payable by the owner, consignee or shipper of the goods.

(3)

Where charges payable to the Authority may be recovered by it from more than one person, the persons from whom they may be recovered shall be jointly and severally liable.

(4)

Without limitation to paragraph (1), the terms and conditions as to the payment of charges which the Authority may from time to time specify may include the time when a charge falls due for payment and may require such information to be given to the Authority by the owner or master of a vessel or a person using a service or facility of the Authority as the Authority may require in connection with the assessment or collection of a charge.

(5)

Where charges payable to the Authority have not been paid by the time they fall due for payment, the Authority may at any time thereafter detain within or refuse entry to, or require removal from the port of—

(a)

the vessel or goods to which the charges relate, and

(b)

any other vessels or goods that the owner or master of the vessel or goods to which the charges relate is also the owner or master of,

until such charges have been paid in full.