The translation of this document is outdated.
Translation validity: 01.01.2014.–31.12.2016.
Amendments not included:
23.11.2016.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
23 May 1996 [shall come
into force from 1 June 1996];
24 March 1997 [shall come into force from 24 April
1997];
18 June 1997 [shall come into force from 15 July
1997];
11 November 1999 [shall come into force from 1 January
2000];
11 May 2000 [shall come into force from 1 July
2000];
22 March 2001 [shall come into force from 20 April
2001];
10 May 2001 [shall come into force from 1 June
2001];
24 October 2002 [shall come into force on 27 November
2002];
19 June 2003 [shall come into force from 24 July
2003];
23 October 2003 [shall come into force from 1 December
2003];
30 October 2003 [shall come into force from 1 January
2004];
22 June 20005 [shall come into force from 20 July
2005];
3 November 2005 [shall come into force from 25 November
2005];
1 December 2009 [shall come into force from 1 December
2010];
6 May 2010 [shall come into force from 28 May
2010];
12 July 2010 [shall come into force from 11 August
2010];
16 December 2010 [shall come into force from 2011];
12 September 2013 [shall come into force from 1 January
2014];
6 November 2013 [shall come into force from 1 January
2014]
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following Law:
Law On Ports
Chapter One
General Provisions
Section 1. Operation of this Law
This Law regulates the principles of port activities and the
administrative procedures of ports.
[11 May 2000]
Section 2. Concept of a Port
A port is a part of the land territory of Latvia defined by
boundaries, including artificially created banks, and such part
of inland waters, including inner and outer roadsteads and
fairways in the port entrance, which are set up for the servicing
of ships and passengers, for the conduct of cargo, transport and
expedition operations and other economic activities. Use of a
port for defence purposes shall be regulated by Cabinet
regulations and regulations of the relevant port.
[24 March 1997]
Section 3. Determination of Port
Boundaries
The boundaries of a port, including territories which, taking
into account their geographical situation, might be used for
prospective development of the port, including State public-use
territories of railway infrastructure right of way, shall be
determined by the Cabinet upon a recommendation of the relevant
local government, port authority and administrator of the State
public-use railway infrastructure.
[11 May 2000]
Section 4. Immovable Property in Ports
(1) The land portion of the territory of a port (hereinafter -
land of the port) may be the property of the State, local
government or other legal or natural person.
(2) The inner water area of the port (hereinafter -
aquatorium) is the property of the State.
(3) The State land and the aquatorium shall be transferred
into possession of the relevant port authority, except such State
land on which State public-use railway infrastructure right of
way is located, which shall be transferred into possession of the
administrator of the State public-use railway infrastructure. The
State land shall be transferred in the possession by the Minister
for Transport. The land of local governments shall be transferred
in the possession according to a decision of the relevant city
council or parish council.
(4) The common hydrotechnical structures (moles, dams for
regulating currents, breakwaters, shore reinforcements) of a
port, fairways in the ports of Rīga, Liepāja and Ventspils, are
State or local government property that has been transferred to
the possession of the relevant port authority. Navigation
equipment and devices in all ports shall be in the possession of
the port authority. Berths in the ports of Rīga, Liepāja and
Ventspils may also be the property of other legal persons and
natural persons. In other ports the common hydrotechnical
structures and berths may be the State or local government
property, or the property of other legal or natural persons.
(5) A port authority may rent or lease the land owned by the
State or a local government, or encumber it with easements for
the purpose of constructing buildings and structures, surface and
underground communications systems, or in order to perform other
economic activities, particularly with respect to the right of
use or right of use for construction. In such transactions a port
authority shall act on behalf of land owners. A port authority is
entitled on the land owned by the State or local government which
is transferred in the possession thereto to construct buildings
(structures) necessary for the port activities as independent
property objects, but in the cases when the port authority is a
derived legal person governed by public law, it shall register
such property objects in the Land Register on its name. The port
authority has the same rights also in repsect of land of other
legal or natural person in respect of which it has established
personal easement in compliance with the provisions of Paragraph
seven of this Section.
(6) The term of lease and rent agreements for the land of the
port and other immovable property, as well as for the easement
rights established for other legal or natural persons through the
port authority, may not exceed 45 years, except the case when the
amount of investments planned for the port and invested within
the planned term exceeds 70 million euro. The amount of the lease
payments for the land of the port and other immovable
propertyshall be determined by the port board of each port.
(7) A port authority has the right, on the basis of this Law,
to encumber the land of the port owned by other legal or natural
persons with the necessary easements provided for by The Civil
Law, on the basis of a contract or by forced execution. Basic
provisions of the contract, procedures for enforced encumbrance
and reimbursement shall be regulated by Cabinet regulations. Land
or other immovable property of a port may also be alienated in
accordance with the procedures laid down in the Law On Enforced
Alienation of Immovable Property for State and Public Needs.
(8) [11 May 2000]
[24 March 1997; 11 May 2000; 22
March 2001; 23 October 2003; 3 November 2005; 12 July 2010; 12
September 2013]
Chapter Two
Port Authority
Section 5. Documents Regulating the
Operation of Ports
Ports shall operate on the basis of laws, international
agreements ratified by the Republic of Latvia, enactments issued
by the Cabinet, and by-laws and port regulations of the relevant
port authority.
Section 6. Port Regulations
(1) Port regulations shall be developed by the port authority
and after co-ordination with Ministry of Transport the relevant
local government council shall issue them in the form of binding
regulations. Port regulations shall indicate:
1) the approved boundaries of the land of the port and the
aquatorium;
2) the technical capabilities for handling of ships in the
various port areas (berths);
3) regulations on vessel traffic in the aquatorium -
procedures by which information shall be provided regarding ships
entering and leaving the port, for drawing up of documents, for
the use of the communication system, regulations with respect to
pilotage, traffic speed and areas for manoeuvring;
4) regulations for ships in port - anchorage coordinates in
the roadstead, mooring and un-mooring procedures, security of
ships in the port, procedures for repairs while in port,
regulations on cargo operations;
5) regulations on environmental protection in the port;
6) requirements to be stipulated for dredging the port;
7) basic principles for port security supervision;
8) arrangements for customs, border guarding, sanitation and
fire safety in the port;
9) liability for infringement of port regulations;
10) fees to be charged in the port;
11) other provisions governing port operations.
(2) Port regulations are mandatory for all legal persons and
natural persons operating or staying in the port, and the
compliance thereof shall be supervised by the port authority.
[11 November 1999; 11 May 2000; 22
June 2005; 12 July 2010]
Section 7. Functions of Port
Authorities
(1) A port authority is a body governed by public law which is
established by the relevant city council or municipality council
and which is, within the limits of this Law, also under the
supervision of the Cabinet. Besides the port authority of Rīga
and port authority of Ventspils is derived legal person governed
by public law the by-law of which shall be approved by the
Cabinet. The by-laws of other port authorities shall be approved
by the relevant local government in accordance with a model
by-law approved by the Cabinet. The port authority of Liepāja
shall be governed by the Law On Liepāja Special Economic
Zone.
(2) Management of a port shall be carried out by the port
authority, which, as a body governed by public law, shall perform
the following State administrative functions:
1) determine port fees and tariff ceiling for the services
referred to in Section 15 of this Law;
2) [6 November 2013];
3) determine the security and pass regime in the port;
4) within its competence, control the compliance with port
regulations;
5) within its competence, control the compliance of the
activities of port commercial companies with laws, Cabinet
regulations and the by-law of the relevant port authority;
6) control the protection of the port territory against
pollution, ensure rectification of the consequences of pollution
in the port and participate in the rectification of the
consequences of pollution at the sea, as well as organise the
reception of ship waste and polluted water and prepare a ship
generated waste management plan for a port. The Cabinet shall
determine the procedures for the reception of ship generated
waste and polluted water, and the procedures for development of
ship generated waste management plans for ports;
7) ensure winter navigation in the port;
8) determine the meeting of the requirements of the
International Ship and Port Facility Security Code in the port
and control the activities of organizations located in the
territory of the port in conformity with the port facility
security plan;
9) take a decision to permit to commence the intended
activities in the territory of the port in conformity with the
Law On Environmental Impact Assessment.
(3) The port authority as a body governed by private law shall
perform the following functions:
1) develop a draft development of the port in conformity with
the approved development concept for the ports of Latvia and the
development programme and territorial plan of the relevant local
government;
2) ensure the implementation of the port development programme
adopted by the Latvian Port, Transit and Logistics Council;
3) manage the property owned or transferred to its possession
- hydrotechnic structures, berths, fairways, navigation equipment
and devices in the port, as well as the aquatorium and navigation
devices in management districts laid down by the Ministry of
Transport, as well as the infrastructure related to the port
activities;
4) develop and approve draft estimates for the utilisation of
financial resources, in accordance with the procedures laid down
in the by-law of the port authority, for the next calendar year
and the subsequent five years and, if necessary, update the
prospective draft estimates for the use of financial resources
submitted in the previous year;
5) organise port construction and construction of
infrastructure related to the port activities in the territory of
the port in conformity with the port development programme;
6) perform research regarding the demand for and supply of the
port services;
7) enter into contracts with commercial companies regarding
their activities in the port, in order to ensure and improve the
package of port services in accordance with the by-law of the
port authority and the port development programme;
8) within the scope of its authority, manage the land of the
port and the State or local government property objects located
on it and transferred to the possession of the port
authority;
9) ensure maintenance and development of the infrastructure
located on its property or transferred into possession, as well
as participate in the development of infrastructure related to
the activities of the port;
10) ensure collection of the port fee and lease (rent).
(4) In private ports the administrative procedures shall be
determined by the owner of the port, but the safety of navigation
shall be ensured in accordance with the procedures laid down in
Chapter Five of this Law.
[24 March 1997; 11 November 1999;
11 May 2000; 22 March 2001; 19 June 2003; 23 October 2003; 30
October 2003; 22 June 2005, 12 July 2010, 6 November 2013]
Section 8. Port Authority and Structure
Thereof
(1) The structure of the port authority, the rights and
obligations of the board of the port and of the Chief Executive
Officer shall be determined by the by-law of the port
authority.
(2) The port authority shall comprise the board of the port,
which is the highest decision-making body, and an executive body
subordinate to it and headed by the Chief Executive Officer.
(3) On the boards of Rīga and Ventspils ports there shall be
eight members of the board in each: four representatives of the
relevant local government, who shall be appointed to and released
from position upon the decision of the relevant city council, and
four representatives nominated by the Minister for Economics, the
Minister for Finance, the Minister for Transport and the Minister
for Environmental Protection and Regional Development, who shall
be appointed to and released from position by the Cabinet. Boards
of Rīga and Ventspils ports shall have the quorum if not less
than six members of the board are present in the meetings and a
decision shall be taken if not less than five members of the
board vote for it. Boards of small ports shall be appointed in
accordance with Section 26 of this Law.
(4) The members of the boards of Rīga and Ventspils ports
shall appoint a chairman of the board amongst them by open
voting.
(5) The Chief Executive Officer shall be appointed by the
board of the port.
(6) Remuneration for the member of the board of the port shall
be determined in conformity with the Law On Remuneration of
Officials and Employees of State and Local Government
Authorities.
[24 March 1997; 11 May 2000; 22
March 2001; 19 June 2003; 23 October 2003; 1 December 2009; 12
July 2010; 16 December 2010]
Section 9. Restrictions for Board Members of
Ports
Commercial activity, obtaining of income and combining
additional employment by the chairperson of the board and by
board members of the port, as well as other restrictions and
obligations shall be determined by the Law On Prevention of
Conflict of Interest in Activities of Public Officials.
[22 June 2005]
Section 10. Latvian Port, Transit and Logistics
Council
(1) The State policy on the development of ports and the
operation of all ports shall be co-ordinated by the Latvian Port,
Transit and Logistics Council.
(2) The Latvian Port, Transit and Logistics Council shall
comprise the following:
chairperson of the board - the Prime Minister;
board members:
the Minister for Transport and two representatives from the
Ministry of Transport;
the chairperson of the Rīga City Council;
the chairperson of the Liepāja City Council;
the chairperson of the Ventspils City Council;
the Chief Executive Officers of Rīga, Liepāja and Ventspils
ports;
a representative of other ports of Latvia who has been
recommended by the Association of Small Ports of Latvia;
the chairperson of the Board of the Maritime Administration of
Latvia;
a representative from the Development Agency of Latvia;
the Minister for Finance;
the Minister for Economics;
the Minister for Interior;
the Minister for Environmental Protection and Regional
Development;
the Minister for Agriculture;
the State Secretary of the Ministry of Foreign Affairs;
a representative from the Maritime Association;
a representative from the Ministry of Defence;
a representative from the Port Association of Latvia.
(3) Representatives to the Latvian Port, Transit and Logistics
Council shall be delegated by a decision of the head of the
relevant institution and the Prime Minister shall be informed
thereon.
(4) The by-law of the Latvian Port, Transit and Logistics
Council shall be approved by the Prime Minister.
[18 June 1997; 11 May 2000; 19 June
2003; 22 June 2005; 3 November 2005; 12 Juky 2010; 16 December
2010]
Section 11. Main Responsibilities of the Latvian
Port, Transit and Logistics Council
The main responsibilities of the Latvian Port, Transit and
Logistics Council are as follows:
1) to assess policy planning documents and draft laws and
regulations which affect the development of the Latvian ports,
transit and logistics sector, and provide opinion thereon;
2) to make proposals regarding foreign affairs activities of
Latvia aimed at promoting Latvian ports, transit and logistics
sector;
3) to promote and support identification of Latvian ports,
transit and logistics sector in the international business
environment and support the participation of the Latvian ports in
international exhibitions and conferences;
4) to provide opinion on proposals to alienate immovable
propertyin ports for State or public needs;
5) to approve the use of the resources of the Port Development
Fund;
6) to promote the development of the Latvian ports, transit
and logistics sector, by co-ordinating the co-operation of
involved parties and solving common current issues.
[12 July 2010]
Chapter Three
Financial Resources of Port Authory
[19 June
2003]
Section 12. Sources of Financial
Resources
(1) The financial resources of a port authority shall
comprise:
1) deductions from payments of port fees;
2) land lease payments;
3) lease (rental) payments for the lease (rental) of immovable
properties owned by or transferred to the possession of the port
authority;
4) investments;
5) payments for services provided by a port authority;
6) gifts (donations);
7) subsudies from the local government budget, if the port
authority is a local government insitution and the relevant local
government has intended such subsidy in the budget thereof.
(2) The financial resources of a port authority may be used
only for the management and development of the port and
infrastructure thereof, as well as for the performance of the
functions laid down in Section 7 of this Law. The financial
resource of a port authority may be gifted (donated) to the
State, by transferring them to the State budget. The Cabinet
shall decide on use of the gifted (donated) financial resources.
The Cabinet may use such rights provided that the Budget and
Financial (Tax) Commission of the Saeima examine it within
three workings days from the receipt of the relevant information
provided by the Cabinet and does not object against the use of
the particular gift (donation).
(3) A port authority may not participate with its own
financial resources in activities of commercial companies outside
the territory of the port.
(4) A port authority shall maintain accounts of economic
activities and financial operations in accordance with the Law On
Accounting, and shall submit reports in accordance with the Law
On Annual Accounts of Undertakings.
[11 November 1999; 11 May 2000; 22
March 2001; 19 June 2003; 6 May 2010; 12 July 2010]
Chapter Four
Port Fees, their Distribution and Service Fees
[11 May
2000]
Section 13. Port Fees
(1) In the ports of Latvia the following fees may be
applied:
1) tonnage fee;
2) canal fee;
3) sanitary fee;
4) small ship fee;
5) anchorage fee;
6) ice fee;
7) berthing fee;
8) cargo fee;
9) pilotage fee;
10) passenger fee.
(2) A port authority may combine the port fees, taking into
account the conditions referred to in Section 14 of this Law.
(3) Port fees and tariffs shall be determined by the port
authority and published in the newspaper Latvijas
Vēstnesis [the official Gazette of the Government of
Latvia]. Increases in port fees shall come into effect
forty-five days after their publication.
(4) Port fees shall not be collected from foreign warships,
except ice fee, pilotage fee and sanitary fee, if the relevant
services are used.
[11 May 2000; 22 March 2001; 10 May
2001]
Section 14. Distribution of Port Fee
Payments
(1) Tonnage, canal, small ship, anchorage, ice, cargo and
pilotage fees collected in ports, as well as berthing, passenger
and sanitary fees shall be received by the port authority.
(2) Ten per cent of payments for the tonnage, canal, small
ship, anchorage and cargo fees shall be transferred to the
special budget of the local government and shall be used for the
development of infrastructure related to the operation of the
port.
(21) Rīga Freeport Authority, Ventspils Freeport
Authority and Liepāja Special Economic Zone Authority shall
transfer payment into the State basic budget for use of the State
strategic infrastructure, that is equal to transmissions of these
ports into the special budget of a local government, as it is
laid down in accordance with Paragraph two of this Section. The
transferred financial resources shall be used for the development
of the State road infrastructure. Payments into the State basic
budget shall be transmitted and used for the development of
infrastructure for public use that is related to port activities.
The Cabinet shall lay down the procedures for performance of the
relevant payments into the State basic budget and for use of
financial resources obtained in such manner.
(3) In 2001, three per cent of all port fees shall be
transferred to the Port Development Fund and shall be used in
accordance with the by-law of the Port Development Fund.
(4) In 2002, 1.5 per cent of port fees shall be transferred to
the Port Development Fund and shall be used for the development
of small ports.
[11 November 1999; 11 May 2000; 22
March 2001; 6 November 2013]
Section 15. Charges for Services
(1) A port authority shall approve the tariff ceilings for the
following services that are provided in the port:
1) charge for mooring operations;
2) charge for fresh water supply;
3) charge for the reception of waste and polluted water;
4) charge for the use of port tugboats and other floating
facilities;
5) charge for fire-fighting services.
(2) Tariff ceiling for the paid services of ports shall come
into effect forty-five days after their publication in the
newspaper Latvijas Vēstnesis.
(3) In ports of Latvia charge for navigation services shall be
being applied. It shall be collected by the Maritime
Administration of Latvia. The amount of charge and procedures for
the collection thereof shall be governed by the Cabinet
regulations which determine the price list of paid services
provided by the Maritime Administration of Latvia within the
framework of State administration tasks.
(4) [12 July 2010]
(5) [12 July 2010]
(6) Port authority shall reimburse the service providers who
receive waste and polluted water from ships, in accordance with
mutual agreements between port authorities and service providers
regarding tariffs for relevant services.
[24 March 1997; 11 November 1999;
11 May 2000; 22 March 2001; 19 June 2003; 12 July 2010]
Section 15.1 State
Fee
[23 October 2003]
Chapter Five
Vessel Traffic in Ports
[11 May
2000]
Section 16. Vessel Traffic and
Control Thereof
(1) The operational management of ship traffic in a port and
in port access fairways, as well as the vessel traffic safety
control in the port, shall be ensured by the harbour master.
(2) The staff of the harbour master service, who are involved
in the vessel traffic safety, shall be engaged to work in the
port authority after appropriate certification by the Maritime
Administration of Latvia.
[11 May 2000]
Section 17. Harbour Master
(1) The functions, rights and duties of a harbour master shall
be determined by the Maritime Administration and Marine Safety
Law, this Law and other laws and regulations.
(2) Orders of the harbour master, related to arrangements for
vessel traffic safety, including winter navigation procedures in
ice conditions, shall be mandatory for all ships, organisations,
commercial companies, as well as for other legal persons and
natural persons. Contesting or appealing the orders referred to
in this Paragraph shall not suspend the enforcement thereof.
(3) [24 October 2002]
(4) The arrest of a ship shall be performed in accordance with
the Maritime Code.
(5) Expenditures incurred, if a harbour master exercises the
rights provided for by this Section, shall be covered by the
owner of the ship.
[11 May 2000; 24 October; 22 June
2005; 12 July 2010]
Chapter Six
Commercial Activity in Ports
[22 June
2005]
Section 18. Regulations on
Commercial Activity in Ports
(1) Commerical activity in a port shall be carried out in
accordance with the laws in force and other regulatory
enactments, with the port regulations and on the basis of the
contract entered into by the port authority and the respective
merchant. A port authority, when entering into contracts
regarding commercial activity in a port, shall take into account
a precondition that founders and participants of a commercial
company must have a good reputation and stable financial
situation.
(2) Commercial companies which carry out commercial activities
in the territory of a port, the main direction of which is ship
repair or shipbuilding, may receive enterprise income tax rebates
in accordance with the the procedures laid down in the Law On
Enterprise Income Tax.
[11 May 2000; 24 October 2002; 23
October 2003; 22 June 2005; 12 July 2010]
Section 19. Restrictions on Economic
Activities
(1) The land of a port authority may be assigned to sublease
only with the permission of the relevant port authority.
(2) Activities of legal persons and natural persons in the
port, including any underwater work, may be performed only with
the permission of the relevant port authority and under its
control.
(3) A harbour master's permit is required for the retrieval of
sunken property, for carrying out dredging, construction, diver
and other works in the aquatorium of the port.
(4) The pre-emption rights for the land and other immovable
propertyin the territory of the port, regardless of its owner,
may be exercised by the local government, represented by the port
authority. The pre-emption rights for the land and other
immovable property in the territory of the port of Rīga shall be
exercised by the port authority of Rīga as a derived legal person
governed by public law. The immovable property obtained in such
way shall be the property of the port authority. It is prohibited
for a port authority to sell, change, gift or alienate otherwise
the land of a port or other immovable property transferred into
possession thereof, except for the cases which are provided for
in Paragraph seven of this Section.
(5) Restrictions for renewal of the property rights to land
that are laid down in Section 12 of the Law on Land Reform in the
Cities of the Republic of Latvia shall not be applicable to the
land which has been included in the territory of the port of Rīga
after 20 April 1994 and in the territory of the port of Ventspils
- after 4 May 1995. The former land owner who owned the land in
21 July 1940 in the present territory of the port, or his or her
heirs for whom the property rights to land have been recognised
in accordance with the procedures laid down in the law, however
they have not been renewed due to restrictions laid down in the
law, have the right to receive land of equal value or property
compensation certificates in accordance with the procedures laid
down in the laws and regulations on land reform.
(6) Users of land, who during the land reform obtained land in
the territory of a port for permanent use, are not entitled to
possession of it for payment. In such case users of the land
shall be guaranteed the right to enter into a lease agreement
with the port authority in accordance with the requirements of
this Law.
(7) A port authority is allowed to provide a guarantee or
pledge in favour of a third party the land and other immovable
propertyowned thereby which is located in the territory of a
port, but the land or other immovable propertyowned by the State
or local government transferred into possession - only upon
co-ordination with the Minister for Finance, if the land or other
immovable property is owned by the State, or with the relevant
local government, if the land or other immovable property is
owned by the local government.
[24 March 1997; 11 May 2000; 24
October 2002; 19 June 2003; 22 June 2005; 3 November 2005]
Chapter Seven
Port Development Fund
Section 20. Purpose and Tasks of the
Port Development Fund
(1) The purpose of the Port Development Fund is to manage the
financial resources in order to ensure the interests of the State
in port development and to raise the prestige of the ports of
Latvia.
(2) The tasks of the Port Development Fund are as follows:
1) implementation of joint projects of ports;
2) maintenance of State property in the small ports;
3) popularisation of ports and advertisment;
4) ensuring the operation of the Latvian Port, Transit and
Logistics Council.
[11 May 2000; 19 june 2003; 30
October 2003; 12 July 2010]
Section 21. Sources of Financial Resources of the
Port Development Fund
Financial resources of the Port Development Fund shall be
comprised of contributions of port authorities and donations of
legal persons and natural persons.
[1 December 2009]
Section 22. Use of Financial Resources of the Port
Development Fund
The by-law of the Port Development Fund shall be approved by
the Latvian Port, Transit and Logistics Council. The Fund shall
be held and managed by the Maritime Administration of Latvia.
Decisions on the amount of resources to be paid in the the Fund
and use thereof shall be taken by the Latvian Port, Transit and
Logistics Council.
[1 December 2009; 12 July 2010]
Chapter Eight
Additional Provisions for Small Ports
[24 March
1997]
Section 23. Concept of a Small
Port
A small port is a defined restricted part of the land
territory, including artificially made banks, and a part of
inland waters, including inner and outer roadsteads and port
approaches which are provided for the servicing of ships, and its
main activity is fishing, fish processing, tourism, export and
import of ecologically clean cargo.
Section 24. Features of Land Lease
Agreements
(1) For the owners of existing buildings and structures in
ports, land leasing rights shall be guaranteed to ensure their
activity, taking into account the conditions of the land lease
agreements entered into between the port authority and owners of
the buildings and structures.
(2) Lease payments for the land with buildings and structures
which are leased only in order to ensure the fishery and fish
processing, and for land that is necessary for the maintenance of
such buildings and structures, may not exceed five per cent of
the cadastral value of the land.
[11 May 2000]
Section 25. Co-ordination of Port
Regulations
[22 June 2005]
Section 26. Composition of Port Authorities
The board of the port referred to in this Chapter shall be
formed by the relevant local government council, consisting of
not more than 10 members, including therein the chairperson of
the board, represented by an official of the local government,
one official each from the Ministry of Environmental Protection
and Regional Development, the Ministry of Economics, the Ministry
of Agriculture and the Ministry of Transport, appointed by the
relevant Minister, as well as an equal number of representatives
from deputies of the local government and the commercial
companies operating in the port.
[16 December 2010]
Section 27. Payments
In ports where berths do not belong only to the State or local
government, the resources that are obtained from tonnage payments
shall be transferred for the maintenance and renovation of the
berth, in accordance with mutual agreement between the port
authority and the owner of the berth.
[11 November 1997]
Transitional Provisions
1. Ship berths, buildings and structures, underground and
terrestrial communications that are at the moment of the coming
into force of this Law in the possession of legal persons of the
State or a local government, shall remain in their possession for
a period up to 30 years. The port authority shall, within six
months from the coming into force of this Law, enter into lease
agreements with such undertakings regarding the use of such
facilities in accordance with the procedures prescribed by
Section 4 of this Law.
2. Contracts regarding the use of buildings and structures
owned by other legal persons and natural persons shall remain in
effect until an easement that is related to such contracts is
created for the benefit of the port authority, in accordance with
Section 4 of this Law. With the creation of such an easement the
contracts are repealed and new contracts shall be subsequently
entered into with the port authority.
3. An easement created by a contract or on compulsory basis by
31 December 1996 shall be regarded effective from the day when
the relevant contract was certified by a notary or an order
regarding the creation of an easement came into force. The
relevant easement shall be recorded in the Land Register by 31
December 1997. If an easement is not recorded in the Land
Register during this time period, it shall be automatically
revoked.
4. Local governments shall form port authorities in accordance
with this Law by 1 August 1994.
5. The Ministry of Transport and the local governments shall
transfer the port land, aquatoria, berths and common hydrotechnic
structures to port authorities by 1 October 1994. Port
authorities have the right to enter into lease agreements
regarding the land transferred to their possession also before
registration of the property rights in the Land Register.
[24 March 1997]
6. [22 March 2001]
7. The Cabinet shall, by 1 July 2002, issue the regulations
referred to in Section 7, Paragraph two, Clause 6 of this
Law.
[22 March 2001]
8. Amendments to Section 17, Paragraph four in respect of the
arrest of a ship shall come into force concurrently with the
Maritime Code adopted by the Saeima.
[24 October 2002]
9. Section 18, Paragraph two shall come into force
concurrently with the relevant amendments to the Law On
Enterprise Income Tax.
[24 October 2002]
10. Until the coming into effect of the binding regulations of
local government referred to in Section 6, Paragraph one of this
Law, however not longer than until 1 January 2006, the port
regulations approved by the Minister for Transport shall be in
effect.
[22 June 2005]
This Law has been adopted by the Saeima on 22 June
1994.
President G. Ulmanis
Rīga, 12 July 1994
1 The Parliament of the Republic of
Latvia
Translation © 2015 Valsts valodas centrs (State
Language Centre)