v Photos: Felix Jennings Scope and Background 5 Definitions: Port and Terminal Owners, Users and their Physical Facilities Meaning of terms as used in this book So far as possible, certain terms will be given a standard meaning, for consistency. The singular is used for convenience and is not intended to imply that there will be just one owner, user or even operator. It should be noted that these terms are used purely for the purpose of clarity in this book and are not intended to refer to these terms as they are defined in bye-laws and regulations, in which there is a multiplicity of terms and definitions. ‘Authority’ - This term will be used, where the context demands, to indicate a body with official legal powers and duties in relation to the control of, or supervision of operations at, a port, harbour or terminal, as distinct from a commercial terminal owner or operator. ‘Contractor’ - See ‘Seller’ and ‘Customer’ below. ‘Operator’ - This is a party that maintains, manages, operates and administers a terminal, or coordinates those functions, and supplies, or organises the supply of, the labour and materials needed to keep the terminal operational. The operator may also be the owner of the terminal, whether acting on behalf of a group of owners, or just sole owner and operator. Alternatively, it may be a third party leasing the terminal or contracted to provide an operating service for the owners. In our discussions on the relationship between port and terminal authorities and commercial terminal owners, we will sometimes use the term ‘operator’ in substitution for ‘owner’, where appropriate to avoid confusing a commercial operator with the port authority, and when the operatorship function is specifically being addressed. ‘Owner’ - This is widely defined for the purpose of this book as a party or parties having an interest in a terminal, whether that interest is a proprietary or merely a possessory one. That party may be a joint owner or a participant in a joint venture at the terminal. It may have a freehold, leasehold or mere licence or contractual interest in the land on which the terminal is situated. There may be more than one type of owner at a terminal in this broad sense. For example, the term ‘owner’ may cover not just a party with an equity interest of one sort or another, but an operator, or one of several operators, such as ship service providers and stevedore service companies, which just have service agreements or licences from the proprietary owner. The term is loosely used for a party having, to whatever degree, control of the terminal, and for that reason we mentioned in the previous paragraph that the term ‘operator’ may be used for ‘owner’ where the context specifically so demands. Port and Terminal Regulations 10 ‘harbour’, etc are used for the purpose of legal definition, and so they are in most jurisdictions. Individual terms used in legal definitions in regulations and other legal documents will inevitably differ in their defined meanings from the definitions used in this book. In some cases the reason is obvious. At an oil terminal, the term ‘Cargo’ may be defined to mean crude oil, condensate and gas liquids, while at a dry goods terminal with no tankage it will be defined quite differently, whether in relation to bulk or container cargoes. Even such terms as ‘Palletised Cargo’ may be defined in different ways. If palletised cargo is defined as ‘cargo loaded on pallets or skids, forming a single unit, prepared by the shipper at premises other than the terminal, capable of being handled with mechanical equipment, stowed and delivered in an unbroken unit’, that seems good and precise. However, it is a very precise definition because it does not apply to cargo that is palletised at the terminal or on vessels while at the berth. This type of cargo will require a separate definition and this will be unsuitable for use in another document that is required for different circumstances. Definitions also occur in national and international law and legislation, as well as in regulations. In English common law, ‘port’ means a safe haven for ships, and includes quays, wharves, cranes and warehouses. A port may be natural or artificial. ‘Harbour’ is a place of shelter and for the loading and unloading of goods. ‘Harbour’ includes estuaries and navigable rivers. ‘Fishery Harbour’ is a harbour principally used by the fishing industry. English law consists of statute as well as common law, however, and, confusingly, such terms as ‘port’ and ‘harbour’ are defined again, and differently, in various UK statutes, and each definition has to be looked at individually to see its precise meaning and what is within the scope of each piece of legislation. For example, in the UK Harbours Act 1964, ‘harbour’, ‘harbour authority’, ‘harbour land’ and ‘harbour operations’ are defined as follows: “harbour”, except where used with reference to a local lighthouse authority, means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river or inland waterway navigated by sea-going ships, and includes a dock, a wharf, and in Scotland a boatslip being a marine work, and, where used with reference to such an authority, has the same meaning as in the Merchant Shipping Act 1995; “harbour authority” means any person in whom are vested under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order powers or duties of improving, maintaining or managing a harbour;