96. Port authority to approve pilots and ensure that pilotage services are available
(1) A port authority may approve a competent and suitably qualified person as a pilot for the port and is to ensure that there is at all times at least one approved pilot for the port.
(2) An approval under subsection (1) has effect for the period set out in the approval unless it is revoked by the port authority before that period ends.
(3) An approval under subsection (1), or any revocation of such an approval, is to be in writing.
(4) No person is to act as a pilot in a port unless the person is approved as a pilot for the port.
Penalty: $10 000.
(5) A port authority is responsible for ensuring that pilotage services are provided in its port ¾
(a) by the port authority;
(b) if regulations under section 143 provide that a person providing pilotage services in the port needs a licence referred to in that section, by a person who holds such a licence; or
(c) partly under paragraph (a) and partly under paragraph (b).
(6) A reference in subsection (5) to pilotage services provided by the port authority includes a reference to pilotage services provided under a contract or arrangement under section 35(2).
(7) Despite section 37, any charges for pilotage services provided in a port ¾
(a) are to be determined in accordance with the regulations; and
(b) are to be paid to the port authority, irrespective of how or by whom they are provided.
(8) If regulations under section 143 provide that a person providing pilotage services in the port needs a licence referred to in that section, subsection (7) does not apply in relation to pilotage services provided by a person who holds such a licence.