Title
Cebu Port Authority General Port Rules and Regs
Law
Cpa Administrative Order No. 01-00
Decision Date
May 26, 2000
The Cebu Port Authority establishes comprehensive port rules and regulations to ensure the safe and efficient operation of all port facilities, detailing requirements for vessel arrivals, departures, and cargo handling.
A

Arrivals and Departures

  • Vessel owners or agents must give written notice before ETA for arrival and berth application.
  • Masters must contact CPA by radio or other means; domestic vessels require valid MARINA certificates.
  • Notice to contain detailed vessel particulars including cargo tonnage, dangerous goods, passenger info.
  • National colors must be hoisted while in port.
  • Immigration and quarantine signals must be displayed; unauthorized approach to vessels with such signals prohibited.
  • Vessels must secure at anchorage or berth before loading/unloading.
  • Port clearance from CPA is required before departure; restrictions apply to vessels causing port facility damage or with unpaid accounts.

Shipping Operations and Movements

  • Vessel masters must comply with Authority instructions on berthing, mooring, anchoring.
  • Strict observance of Collision Regulations is required.
  • Moderate safe speed must be maintained when operating in port.
  • Accountability for damage caused by wash lies with the vessel unless contributory negligence.
  • Harbor crafts must observe allocated sea lanes and give way to seagoing vessels.
  • Anchoring rules prohibit use of private or prohibited anchorage areas; vessels must anchor appropriately without obstructing navigation.
  • Stringent rules for laid-up vessels including secure mooring and maintenance of crew.
  • Oil, spirit, inflammables prohibited from discharge into waters; garbage dumping prohibited.
  • Transfer of dangerous cargo requires prior permission and clearance by CPA and other agencies.
  • Regulations on handling logs, rafts, and tug operations.
  • Prohibitions on smoke, soot emissions, unauthorized chipping or hot works.
  • Procedures for sunken or stranded vessels; possibility of removal at owner’s expense.
  • Private buoys or moorings require permits from PCG and CPA.
  • Interference with official notices or excessive use of sirens prohibited.

Berthing Regulations

  • Authority controls berth allocation; vessels must apply for berth at least 24-36 hours prior.
  • First come, first served, subject to exceptions for priority vessels (government, perishable cargo).
  • Priority vessels can displace smaller vessels if space allows.
  • Vessels must comply with Authority instructions for positioning.
  • Vessels inoperative on schedule lose priority after 1-hour grace.
  • Berth occupancy rules including allowable idle time and priority for vessels loading essential supplies.
  • Prohibitions on double-bunking, unauthorized vessel repair, leaving vessels unattended, or mooring without harbor pilot.
  • Authority retains discretion to move vessels for public interest.
  • Maximum time limits imposed for cargo vessels at berth based on cargo volume or 48 hours.
  • Masters and crews responsible for proper berthing; Authority not liable for mooring damage or loss.
  • Rat guards and fenders mandatory to protect vessels and port facilities.
  • Use of gangways for boarding; no placing gear on piers without permission.
  • Discharges and exhausts controlled; no refuse discharge except in designated areas.

Loading, Unloading, Storing and Transporting of Goods

  • Authority not responsible for vessel delays or cargo loading/unloading delays.
  • Vessels must be ready for cargo operations immediately upon mooring.
  • Adequate lighting and supervision required during cargo handling.
  • Only authorized cargo-handling service providers (CHSP) allowed.
  • Cargo gear leased from Authority must be treated with care; lessee liable for damage.
  • Masters or agents must submit Inward and Outward Cargo Manifests timely and accurately.
  • Heavy lifts subject to Authority's discretion based on capacity and safety.
  • Vessels must work cargo with reasonable dispatch; forced to vacate berth if delayed.
  • Cargo to be discharged by marks for identification.
  • Authority not liable for loss or damage to goods caused by fire, vermin, or natural causes unless due to its negligence.
  • Cargo stored without proper accommodation can be removed by Authority at owner's expense.
  • Authority not liable for loss of passenger’s baggage except if fault attributable to Authority and liability capped.
  • Authority may prohibit or remove offensive cargo posing safety risks after notices.
  • Cargo handling contracts governed by Authority; only authorized contractors allowed.
  • Access to port premises requires appropriate permit or pass.
  • Cargo release governed by documentation and payment of lawful fees.
  • Prohibitions on dumping wastes, idle loitering, smoking, unauthorized animals, damaging port property, and unauthorized sales.
  • Strict vehicle regulations including speed limits, parking, and fueling.

Dangerous Cargo

  • Dangerous goods defined consistent with international standards.
  • Import, export, loading, unloading, and transport require Authority confirmation and other agency clearances.
  • Dangerous goods must be declared accurately with certification of proper labeling and packing.
  • Defective packages prohibited unless under strict Authority conditions.
  • Warning signals (flags/lights) must be displayed continuously on vessels carrying dangerous goods.
  • Working hours for handling explosives restricted to daytime with explicit permissions.
  • Prohibitions on smoking or use of naked lights on vessels carrying explosives or dangerous goods.

Containerized Cargo

  • Ship agents must provide container manifests 24 hours before vessel arrival.
  • Dangerous cargo containers must be properly marked with stickers.
  • Container Tally Sheet (CTS) system establishes receipt and loading records.
  • Bad order containers inspected and surveyed promptly.
  • B/O containers cannot be moved outside port zone without Customs approval.
  • Containers discharged only in designated pier spaces; empty containers require Authority’s permission to store.
  • Specific procedures for container handling in Cebu International Port involving timely submission of documents, cargo stuffing, stripping, transfer, and storage limits.
  • Storage periods defined for imported, exported, shutout, foreign, and empty containers with fee regulations.
  • General Manager empowered to issue procedural guidelines.

Lease for Private Ports/Warehouses/Terminals

  • Applications for lease require plans, tax clearances, and must place warehouses outside pier or wharf immediate premises.
  • Lease term up to 15 years with renewals up to 10 years; improvements become Authority property after lease term.
  • Rental rates determined by Authority based on property values, costs, and economic factors.

Construction and Operation of Private Ports/Warehouses/Terminals

  • Construction and operation of private ports encouraged subject to national security and safety.
  • Permit terms up to 25 years, renewable, co-terminous with foreshore lease.
  • Private ports must comply with environmental and other government regulations.
  • Minimum investment requirements for private commercial ports.
  • Fees assessed based on project cost.
  • Private port owners may contract CHSPs to provide cargo-handling.
  • Charges for vessels and cargo at private ports set at half rates of government ports, with regulatory oversight.

Municipal Ports/Piers/Wharves

  • Authority supervises municipal ports; permits required for construction.
  • Municipalities may operate or contract cargo-handling services with permits and fees.
  • Authority collects port charges but local governments may collect wharfage dues.
  • Co-management contracts possible between Authority and local governments.

Cargo Handling Contracts/Permits

  • Cargo handling contracts in government ports awarded through public bidding.
  • Renewal possible for satisfactory contractors.
  • General Manager may grant contracts in low-volume ports for up to one year.
  • Contractors must have sufficient capital, equipment, and qualified labor.
  • Supplementary guidelines can be issued by the General Manager.

Protests on Collections, Penalties, and Fines

  • Parties may protest port charges, penalties within seven days, contingent on payment first.
  • Protests are the exclusive remedy before further appeal.
  • Proceedings summary and non-litigious; decisions within 15 days.
  • Appeals to General Manager and further to Cebu Port Commission (CPC) with fees.
  • Automatic reviews for decisions adverse to government when above threshold amounts.

Pilotage

  • Defines pilotage district under Cebu Port Authority.
  • Compulsory pilotage for vessels 500 GRT and above, except government and certain exempt vessels.
  • Harbor pilot permits require examination and licensing.
  • Revocation for cause possible.
  • Fees and privilege charges regulated and subject to periodic review.
  • Authority supervises pilot discipline and investigates complaints.

General Provisions

  • Regulations apply to all ports, facilities, waterways within Cebu Province.
  • General Manager empowered to issue supplementary regulations consistent with these rules.
  • All notices and applications to be filed with General Manager or authorized representative.

Final Provisions

  • These regulations supplement or supersede inconsistent prior rules by BOC or PPA.
  • Repeals contradictory CPA rules.
  • Separability clause for invalid provisions.
  • Penalties for violations include imprisonment (1 day to 6 years), fines (P200 to P100,000), disqualification for public office.
  • Specific fines outlined for various violations such as unauthorized movements, dumping, emissions, etc.
  • License or permit revoked upon conviction.
  • Regulation effective upon adoption on May 26, 2000.
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