AKTA LEMBAGA PELABUHAN BINTULU (PEMBUBARAN) 2024

Bintulu Port Authority (Dissolution)

1 Act 859 Laws of Malaysia 2 Act 859 Date of Royal Assent ... ... 9 October 2024 Date of publication in the ... ... 17 October 2024 Gazette Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Bintulu Port Authority (Dissolution) 3 Act 859 ARRANGEMENT OF SECTIONS Section

Short title and commencement

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Interpretation

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Repeal and dissolution

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Transfer of powers, rights, etc.

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Transfer of financial assets

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Deposit, advanced receipt and lease rent

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Existing contracts, etc.

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Saving for licence

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Continuance of proceedings

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Continuance of laws, etc.

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Vesting of property, etc.

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Written consent

Act 859 Bintulu Port Authority (Dissolution) 5 Act 859

An Act to repeal the Bintulu Port Authority Act 1981, to dissolve the Bintulu Port Authority established under the Act, to provide for the vesting of its properties in the Government or the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement

This Act may be cited as the Bintulu Port Authority

(Dissolution) Act 2024.

(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation

In this Act, unless the context otherwise requires—

“Bintulu Port Authority (Sarawak)” means the Bintulu Port Authority (Sarawak) established under section 3 of the Port Authorities Ordinance 1961 [Ord. No. 1/61]; Laws of Malaysia 6 Act 859 “Authority” means the Bintulu Port Authority established under section 3 of the Bintulu Port Authority Act 1981; “Minister” means the Minister charged with the responsibility for transport. Repeal and dissolution

The Bintulu Port Authority Act 1981 [Act 243] is repealed and the Authority established und...

Transfer of powers, rights, etc.

All powers, rights, duties, liabilities and obligations which before the date of coming int...

Transfer of financial assets

All financial assets standing in, or due to be paid to, the Authority shall, on the date of...

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(2) In this section, “financial asset” means any asset owned by the Authority including loans given, receivables from exchange dealings and investments, which can be liquidated to cash value. Deposit, advanced receipt and lease rent

On the date of coming into operation of this Act—

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(a) all rental deposits and lease deposits standing in to the Authority; Bintulu Port Authority (Dissolution)

(b) all advanced receipts of lease standing in to the Authority; and

(c) lease rent due to be paid to the Authority, shall be transferred to the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws. Existing contracts, etc.

All agreements, deeds, documents and other instruments subsisting before the date of coming...

Saving for licence

Every person who, before the date of coming into operation of this Act, held a valid licenc...

Bintulu Port Authority Act 1981 shall, on the date of coming into operation of this Act, be deemed to be the licence holder under the Port Authorities Ordinance 1961 until the date of expiry of the licence and subject to the terms and conditions attached to the licence.

(2) Nothing in this section shall be construed to extend the term or duration of the licence specified in subsection (1) beyond the date of its expiry. Laws of Malaysia 8 Act 859

(3) The Bintulu Port Authority (Sarawak) may alter the terms and conditions attached to the licence under subsection (1) for the purpose of bringing the licence into conformity with the Port Authorities Ordinance 1961.

(4) The provisions relating to the revocation of a licence under the Port Authorities Ordinance 1961 shall apply to the persons referred to in subsection (1). Continuance of proceedings

Any proceedings or cause of action by or against the Authority pending or exists before the...

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(2) Any appeal brought, or any leave to appeal applied for, on or after the date of coming into operation of this Act, against a decision given before the date of coming into operation of this Act in any legal proceedings in which the Authority was a party may be brought by or against the Bintulu Port Authority (Sarawak) as the appeal or leave of appeal might have been brought or applied by or against the Authority if this Act had not been passed.

(3) Notwithstanding anything in this section, the Government shall bear the costs and expenses of any proceedings or cause of action which—

(a) a judgment or an award has been made against the Authority; or

(b) accruing against the Authority, before the date of coming into operation of this Act. Continuance of laws, etc.

Subject to this Act, all written laws including subsidiary legislation in force before the...

Bintulu Port Authority (Dissolution)

(2) Any reference to the Authority in any written law including subsidiary legislation or document shall be construed as a reference to the Bintulu Port Authority (Sarawak). Vesting of property, etc.

Subject to this Act, the Minister may, from time to time, by order published in the Gazette...

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(2) Every property, rights, interest, obligation and liability transferred to and vested in the Authority shall be transferred to and vested in the Government or the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws, in accordance with the written consent of the Government and the Government of the State of Sarawak, for the like title, estate or interest and on the like tenure as the property, rights, interest, obligation and liability were vested or held before the vesting date.

(3) Any land which before the date of coming into operation of this Act was vested in the Authority shall, on the vesting date, be vested in the Government of the State of Sarawak.

(4) Subject to section 5, any property and asset other than land which before the date of coming into operation of this Act were vested in the Authority shall, on the vesting date, be vested in the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws. Laws of Malaysia 10 Act 859

(5) In the case of properties, rights, interests, obligations and liabilities arising under any loan which are vested in the Government or the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws on the vesting date, the Government or the Government of the State of Sarawak or any entity empowered or appointed by the Government of the State of Sarawak under the relevant written laws may enter into agreements or arrangements over the rights, interests, obligations and liabilities with any other person. Written consent

In this Act, “written consent” means a consent of both the Government and the Government of...

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