Statute Details
- Title: Port of Singapore Authority (Scale of Charges) Notification 1997
- Act/Instrument Code: PSAA1963-S192-1997
- Type: Subsidiary legislation (SL)
- Authorising Act: Port of Singapore Authority Act (Cap. 236), section 58(1)
- Enacting body: Port of Singapore Authority (PSA), with the approval of the Minister for Communications
- Commencement: 9 April 1997
- Date made: 12 March 1997
- Current status: Current version as at 27 March 2026 (per provided metadata)
- Key provisions (as provided): Sections 1–8; definitions in section 2; charges in section 3; tonnage calculation in section 4; rebates/concessions in section 5; cessation of agency/ownership in section 6; electronic applications in section 7; cancellation in section 8
- Schedule: Contains the actual scale of charges, rates, rebates and concessions (not reproduced in the extract)
What Is This Legislation About?
The Port of Singapore Authority (Scale of Charges) Notification 1997 is a regulatory instrument that sets out how the PSA charges shipping users for the use of PSA premises, works, appliances, and for PSA-provided services and facilities. In practical terms, it is the legal “pricing framework” for many port-related charges—covering how rates are calculated, who is liable, and what conditions must be met to obtain rebates or concessions.
Although the Notification is relatively short in its operative text, it is designed to work together with a detailed Schedule that specifies the actual charges and rates. The Notification therefore functions as the legal gateway: it authorises the PSA to levy charges according to the Schedule and establishes key rules on measurement (including tonnage), eligibility for concessions, and administrative matters such as electronic submissions.
For practitioners, the Notification is most relevant in disputes and compliance work involving (i) the correct basis for calculating charges, (ii) whether a party is entitled to rebates, (iii) when liability shifts between agents/owners, and (iv) whether PSA can proceed with charge calculations even where certain documents (like manifests or shipping notes) are not lodged in the manner required by the Singapore Port Regulations.
What Are the Key Provisions?
1. Citation and commencement (Section 1)
Section 1 provides the formal citation and confirms that the Notification came into operation on 9 April 1997. This matters for determining which charging regime applies to events (e.g., vessel calls, services rendered) occurring after commencement, and for assessing transitional arguments in billing disputes.
2. Definitions (Section 2)
Section 2 defines a range of terms that are used throughout the Notification and, critically, in the Schedule. The definitions are not merely academic; they determine the measurement basis and eligibility categories. Notable examples include:
- “GT” (gross tonnage) measured under the International Convention of Tonnage Measurement of Ships (as amended).
- “nearest hour” and “nearest tonne” rounding rules—these can directly affect billing where charges are time- or tonnage-based.
- “container” and specialised container categories such as FCL container, reefer, re-export container, and transhipment container. These categories often map to different rates or eligibility for particular concessions.
- “dangerous goods” cross-referenced to the Maritime and Port Authority of Singapore (Dangerous Goods, Petroleum and Explosives) Regulations 1997.
- “passenger vessel” and “passenger ferry vessel”, including thresholds and requirements for lodged schedules.
- “PSA terminal circular”—a mechanism by which the PSA can set conditions “from time to time” for certain statuses (e.g., FCL, re-export, transhipment). This is important because it means the legal regime is partly dynamic and administered through PSA circulars.
3. Charges and rates; discretion on liable payer (Section 3)
Section 3 is the core charging provision. Under section 3(1), the charges and rates payable to the PSA for use of PSA premises/works/appliances and for services/facilities are “as specified in the Schedule.” It also states that the persons liable to pay are those identified in the Schedule, together with other matters specified there.
Section 3(2) adds an important discretion: where the Schedule provides that a charge or rate may be payable by more than one person, the PSA may decide—in its discretion—the alternative person or combination of persons who shall pay. For legal practitioners, this is a significant risk allocation clause. It means that even if multiple parties could arguably be liable (for example, an agent versus an owner, or multiple contracting parties), the PSA retains flexibility in selecting the payer(s). In disputes, this discretion may affect arguments about contractual allocation of liability between private parties, because the PSA’s choice can determine who is pursued for payment.
4. Tonnage of goods and the manifest/shipping note issue (Section 4)
Section 4 addresses how the PSA calculates tonnages of goods. It provides that whether or not a vessel’s manifest or shipping note is lodged with the PSA in accordance with the Singapore Port Regulations (Rg 6), the PSA may elect to calculate all tonnages according to the cubic measurement or gross weight, whichever is greater.
This provision is practically important in two ways. First, it reduces the operational leverage of document-lodgement compliance: even if the manifest/shipping note is not lodged (or is lodged late or incorrectly), the PSA is not necessarily constrained from charging on an alternative measurement basis. Second, the “whichever is greater” rule can increase charges where cubic measurement exceeds gross weight (or vice versa), and it can be a focal point in billing disputes. Practitioners should therefore pay close attention to how “cubic measurement” is determined in practice and what evidence is available to challenge the PSA’s election.
5. Rebates and concessions—credit account requirement (Section 5)
Section 5 states that rebates and concessions prescribed in the Schedule shall be granted only to a person who has a credit account with the PSA. This is a clear eligibility gate. Even if a party otherwise meets the substantive conditions for a rebate (e.g., container type, re-export status, timing, or operational criteria), the absence of a PSA credit account can bar entitlement.
From a legal risk perspective, this means counsel should verify not only operational compliance but also the administrative status of the claimant. In commercial negotiations, parties may need to ensure that the correct entity holds the PSA credit account to preserve rebate eligibility.
6. When a person ceases to be agent or owner (Section 6)
Section 6 provides a rule for determining when a person ceases to be an agent or owner for the purposes of the Notification. Under section 6(1), cessation occurs only on the later of:
- the date of receipt by the PSA of a written notice from that person that they have ceased to be agent/owner; or
- the date stipulated by that person in the notice as the date they cease to be agent/owner.
Section 6(2) then protects the PSA: notwithstanding cessation, the person continues to be liable for charges or rates payable by them as agent/owner for charges incurred prior to the cessation date. This is a classic “no retroactive release” rule. In practice, it affects how and when parties should issue notices of change in agency/ownership to avoid unintended continuing liability.
7. Electronic applications, requests and notices (Section 7)
Section 7 provides that, notwithstanding the Notification, the PSA may allow applications, requests, or notices referred to in the Notification to be made or given or transmitted electronically. This is a facilitative provision: it does not mandate electronic filing, but it authorises the PSA to accept it. Practitioners should therefore check PSA operational guidance and ensure that any electronic notice is sent in a manner that can be evidenced (e.g., confirmation of receipt), particularly for time-sensitive cessation notices under section 6.
8. Cancellation of prior notification (Section 8)
Section 8 cancels the Port of Singapore Authority (Scale of Dues and Rates) Notification (N 9). This indicates that the 1997 Notification replaced an earlier charging instrument. For historical billing disputes, cancellation can be relevant to determining which regime applied before 9 April 1997.
How Is This Legislation Structured?
The Notification is structured as a short set of operative provisions supported by a Schedule.
Sections 1–2 set the citation/commencement and define key terms. Section 3 establishes that charges and rates are those in the Schedule and clarifies PSA discretion where multiple payers are possible. Section 4 sets the tonnage calculation election (cubic measurement vs gross weight, whichever is greater) and addresses the manifest/shipping note lodging issue. Section 5 governs eligibility for rebates and concessions by requiring a PSA credit account. Section 6 provides the legal mechanics for cessation of agent/owner status and continuing liability for prior charges. Section 7 addresses electronic transmission of applications/notices. Section 8 cancels the earlier Notification (N 9). The Schedule contains the detailed scale of charges, rates, and the rebates/concessions framework referenced by sections 3 and 5.
Who Does This Legislation Apply To?
The Notification applies to persons who are liable to pay PSA charges and rates for the use of PSA premises, works, appliances, and for PSA services and facilities, as specified in the Schedule. In shipping practice, this typically includes parties acting as vessel agents, vessel owners, or other entities designated by the Schedule as liable payers for particular services or facilities.
It also applies to parties seeking rebates or concessions under the Schedule. Eligibility is limited to persons with a credit account with the PSA (section 5). Additionally, the rules on cessation of agent/owner status (section 6) apply to persons who wish to change their liability status vis-à-vis the PSA by giving written notice.
Why Is This Legislation Important?
This Notification is important because it provides the legal basis for PSA’s charging regime and includes several provisions that can materially affect billing outcomes. The most consequential features for practitioners are: (i) PSA discretion in selecting the payer where multiple persons may be liable (section 3(2)); (ii) the PSA’s ability to calculate tonnages using the greater of cubic measurement or gross weight regardless of whether manifests/shipping notes are lodged (section 4); and (iii) the credit-account requirement for rebates and concessions (section 5).
In enforcement and dispute contexts, these provisions influence both the PSA’s operational flexibility and the legal strategy of affected parties. For example, a party challenging a charge may need to focus not only on whether the underlying service was provided, but also on whether the PSA’s measurement election and rounding rules were correctly applied, and whether the claimant had the required credit account to qualify for any rebate. Similarly, arguments about contractual responsibility between private parties may not prevent the PSA from pursuing the payer(s) it selects under section 3(2).
Finally, the cessation-of-status rule in section 6 underscores the importance of timely and properly evidenced written notices to the PSA. Where agency or ownership changes occur, counsel should ensure that notices are issued and received in a way that aligns with the “later of” rule, and that liability for charges incurred prior to cessation is anticipated and allocated contractually.
Related Legislation
- Port of Singapore Authority Act (Cap. 236) — authorising provision: section 58(1)
- Singapore Port Regulations — referenced for manifest/shipping note lodging requirements (Rg 6)
- Maritime and Port Authority of Singapore (Dangerous Goods, Petroleum and Explosives) Regulations 1997 (G.N. No. S 182/97) — definition cross-reference for “dangerous goods”
- Maritime and Port Authority of Singapore (Pleasure Craft) Regulations 1997 (G.N. No. S 186/97) — definition cross-reference for “pleasure craft”
Source Documents
This article provides an overview of the Port of Singapore Authority (Scale of Charges) Notification 1997 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.