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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.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.

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)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 22.06.1994.Entry into force: 26.07.1994.Theme:  Transport and communicationPublication: Latvijas Vēstnesis, 80, 12.07.1994.
Language:
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