"goods" and "cargo" shall include livestock, minerals and wares and merchandise of every description;
"dangerous goods" includes ammunition, explosives, petroleum or other inflammable, noxious or dangerous substance or article and all goods specified in Schedule C of the Penang Port Commission By-Laws 1957 [L.N. (N.S.) 93/1957];
"package" includes any box, basket, barrel, case, receptacle, sack, bag, wrapper, envelope or other covering or thing in which goods are placed for the purpose of carriage, consignment, freight, importation or exportation;
"wharf" includes any wall or structures adjoining the foreshore, sea-bed or a river-bed;
"Commission's Wharf" means berth, wharf, dock, pier or landing place operated or controlled by the Commission;
"GRT" means the gross registered tonnage of a vessel;
"day" means 24 hours cycle;
"berth" means docks, pier jetty, quay, landing place or wharf which is connected to the shore side;
"vehicle" includes any carriage used or intended to be used for the conveyance or carriage of persons, animal or goods;
"LCL" means less than container load;
"LOA" means the length of a vessel measured from the extreme point forward of the vessel to the extreme point aft of the vessel;
"craft" means a craft used for the purpose of leisure, sports or recreation activities;
"marina" means any facility belonging to the Commission for mooring, anchoring, berthing or storing of craft in the port;
"FCL" means full container load;
"Manager" means the officer in charge of the respective port operations and any other officer acting under or with his authority;
"Commission's premises" includes all places owned by the Commission and appropriated by it including any portion of the land which has been improved to facilitate the carrying out port activities and any foreshore used for such purpose;
"CFS" means container freight station;
"shift" means one of the following periods:
- 0730 to 1530 hours
- 1530 to 2330 hours
- 2330 to 0730 hours
"pier" includes any stage, stairs, landing place, landing stage, jetty, floating barge or pontoon and any bridges or other works connected therewith;
"tonne" means one metric tonne which equivalent 1,000 kilograms or one cubic metre;
"vessel" includes barges, lighters and any mechanically propelled ship or boat.
NOTICE TO DISCHARGE OR LOAD CARGO
- An owner, a master or an agent of a vessel shall give written notice to the Manager of his intention to discharge or load any cargo before such work is commenced.
- A cargo which is discharged without the permission of the Manager being first obtained shall not be deemed to be in the custody of the Commission and the Commission shall not be held responsible for any loss or damage to the cargo.
DEPOSITING CARGO FOR SHIPMENT
Goods shall not be deposited anywhere within the Commission's premises without the written permission of the Manager.
The Commission shall be entitled to collect any amount of charges which may be ascertained to have been undercharged or that which may otherwise be found to be due.
- A port user shall be entitled to a refund of any overcharge if a claim for refund is submitted in writing to the Commission within six months from the date of the delivery bill, shipment bill or any other bill which is issued to the port user.
- A port user who claims for a refund of any overcharge shall provide full information supported by such other documentary evidence as may be required by the Commission.
- If any goods have been measured or weighed by the Commission and agreed by the Commission and the port user, no claim for a refund shall be accepted by the Commission.
PAYMENT OF CHARGES
- Any payment of charges shall be payable in cash unless a port user has a credit account with the Commission.
- If credit facilities are made available by the Commission to a port user, the credit account in respect of such credit facilities shall be settled within the credit term allowed, failing which, further use of the facility may be denied until all the outstanding charges have been paid.
- The Commission may, in its sole discretion, estimate and collect in advance all charges which may accrue against any port user.
- Charges on cargo are based upon one tonne or one cubic metre, whichever is the greater.
- The Commission may elect to calculate all tonnages of cargo according to deadweight or cubic measurement whichever is the greater, whether or not a vessel's manifest or shipping note is lodged.
- Wharf handling charge for heavy-lifts above 5 tonnes per package will be based on deadweight.
TRANSSHIPMENT AND RE-EXPORT
- Transshipment and re-export rates shall apply only to cargoes and containers which fulfill the following conditions:
- the transshipment cargoes and containers shall be declared for transshipment or re-export at the port at least 12 hours prior to the arrival of the discharging vessel and subject to the approval of the Manager;
- the transshipment cargoes and containers shall be discharged by the discharging vessel on to the Commission's Wharf and remain in the custody of the Commission until it is transshipped or re-exported; and
- the transshipment cargoes and containers shall be reshipped by the Commission via another vessel at Commission's Wharf.
- The Manager may, on application, allow transshipment cargoes and containers received from rail or road for onward transshipment by sea via the Commission's Wharf or received from sea for onward transshipment by rail or road via the Commission's Wharf be charged transshipment and re-export rates.
- Dangerous goods Group 1, 2 and 3 and vehicles are not subject to transshipment or re-export rates.
PALLETISED OR UNITISED CARGO RATE
- An import or export cargo may be charged with palletized or unitized cargo rates if the import or export cargo fulfills the following conditions:
- the weight or volume per palletized or unitized cargo shall not be more than two and a half tonnes or four cubic metres in measurement per palletized or unitized unit;
- the cargo shall be manifested and the manifest shall be duly endorsed at the port of loading as being palletized or unitized and the import or export documents shall be similarly endorsed; and
- the palletized or unitized cargo shall be discharged or loaded as a single unit with the aid of forklift trucks.
- Any other cargo not defined as palletized or unitized cargo under this Scale of Rates may be classified as loose cargo by the Manager and subject to surcharge as may be determined by the Commission.
- In calculating the storage period, Sundays and all gazetted public holidays applicable in the state of Penang shall be included.
- The storage period for import cargo and container shall be calculated from the following shift upon completion of discharge of vessel or completion of each consignment.
- The storage period for export cargo and container shall be calculated from the following shift upon receipt of the cargo or container until the time the vessel is berthed.
- The storage period for transshipment cargo and container shall be calculated from the following shift upon receipt of the cargo or container until the time the vessel is berthed.
- Store-rent charges are calculated after the expiry of the free storage period.
- Long storage rate may be granted at the discretion of the Manager and may be done on acceptance of an application for long storage rate.
- If tarpaulins are used to protect cargo stored in the open storage area, the rental will be charged at shed rates.
- Arms and ammunition shall not be received into storage by the Commission.
- Store-rent on heavy-lifts above 5 tonnes will be based on weight or measurement whichever is the greater.