Port operations

Approval

What government approvals are required in your jurisdiction for a port operator to commence operations following construction? How long does it typically take to obtain approvals?

See question 26.

Typical services

What services does a port operator and what services does the port authority typically provide in your jurisdiction? Do the port authorities typically charge the port operator for any services?

In fully privatised ports the owner or operator provides all the services, or grants licences or concessions for third parties to provide them. Trust ports are owned and operated by the same party, providing all services. With municipal ports, typically the port authority will provide services relating to dredging, lighting, safety, navigation and pilotage while the port operator will manage day-to-day matters, such as cargo handling.

Access to hinterland

Does the government or relevant port authority typically give any commitments in relation to access to the hinterland? To what extent does it require the operator to finance development of access routes or interconnections?

See question 27.

Suspension

How do port authorities in your jurisdiction oversee terminal operations and in what circumstances may a port authority require the operator to suspend them?

See question 5.

Port access and control

In what circumstances may the port authorities in your jurisdiction access the port area or take over port operations?

This will depend on the by-laws of the CHA, any legislation empowering the CHA and the terms and conditions for the operation of the CHA.

Failure to operate and maintain

What remedies are available to the port authority or government against a port operator that fails to operate and maintain the port as agreed?

The UK government’s approach to the ports industry is to intervene only where there is demonstrable ‘market failure’, and this is rare.

Transferrable assets

What assets must port operators transfer to the relevant port authority on termination of a concession? Must port authorities pay any compensation for transferred assets?

Given the fully privatised model that applies to most port projects in the UK, there are no obligations on port operators to transfer assets to the port authority or government under any concession. Similarly, in the case of trust ports and municipal ports, this is not relevant.