Statute Details
- Title: Port of Singapore Authority (Scale of Charges) Notification 1997
- Act Code: PSAA1963-S192-1997
- Legislative Type: Subsidiary legislation (SL)
- Authorising Act: Port of Singapore Authority Act (Cap. 236), section 58(1)
- Enacting/Approving Authority: Port of Singapore Authority (PSA) with the approval of the Minister for Communications
- Commencement: 9 April 1997
- Current Status (as provided): Current version as at 27 Mar 2026
- Primary Subject Matter: PSA charges and rates for use of PSA premises, works, appliances, and related services/facilities
- Key Provisions (from extract): Sections 2–8 and the Schedule
What Is This Legislation About?
The Port of Singapore Authority (Scale of Charges) Notification 1997 is a regulatory instrument that sets the charging framework for the Port of Singapore Authority (PSA). In practical terms, it governs how much PSA may charge for the use of PSA-owned infrastructure (such as premises, works, and appliances) and for PSA-provided services and facilities. These charges are not left to commercial negotiation alone; they are prescribed through a “Schedule” that specifies the rates and the persons liable to pay.
Although the Notification is relatively short in its operative text, it is legally significant because it establishes the rules that determine (i) what the PSA can charge, (ii) how tonnage is calculated for charging purposes, (iii) when rebates and concessions may be granted, and (iv) procedural and administrative matters—such as when a person ceases to be treated as an agent or owner for charging purposes, and whether applications/notices may be made electronically.
For shipping lines, freight forwarders, terminal users, and their legal advisers, the Notification matters because port charges can be substantial and often depend on technical classifications (for example, container types, vessel measurements, and tonnage calculation methods). The Notification also contains “gateway” provisions that affect liability and timing—issues that frequently arise in disputes over invoicing, credit accounts, and the applicability of rebates.
What Are the Key Provisions?
1. Citation, commencement, and definitions (Sections 1 and 2)
Section 1 provides the citation and commencement date: the Notification came into operation on 9 April 1997. Section 2 is a definitions section that supplies the technical vocabulary used throughout the charging regime. These definitions are not merely descriptive; they control how charges are computed and how categories of goods and vessels are treated.
Notably, the Notification defines measurement and rounding concepts that directly affect billing. For example, “nearest hour” and “nearest tonne” specify rounding rules: fractions exceeding the threshold are treated as an additional hour/tonne. This can materially change chargeable quantities where time or tonnage is measured in increments and invoices apply per-hour or per-tonne rates.
Section 2 also defines key shipping and cargo concepts such as “container” (including ISO compliance and unique identification), “dangerous goods” (by reference to the Maritime and Port Authority of Singapore (Dangerous Goods, Petroleum and Explosives) Regulations 1997), “FCL container”, “reefer”, “re-export container”, and “transhipment container”. These definitions indicate that the charging schedule may differentiate rates depending on container status and cargo characteristics. Vessel-related definitions include “GT” (gross tonnage measured under the International Convention on Tonnage Measurement of Ships), “LOA” (length overall), and “half shift” (specific time windows). The Notification also defines “passenger vessel” and “passenger ferry vessel”, which suggests that passenger-related vessel categories may attract distinct charges.
2. Charges and rates; discretion on liable persons (Section 3)
Section 3 is the core charging authority. Under Section 3(1), the charges and rates payable to PSA for the use of PSA premises, works, or appliances—and for services or facilities provided by PSA—are “as specified in the Schedule”. It also states that the persons liable to pay specified charges and rates, and other matters specified in the Schedule, are governed by the Schedule.
Section 3(2) adds an important discretionary mechanism. Where the Schedule provides that a charge or rate “may be payable by more than one person”, the PSA may, in its discretion, decide alternatively the person or combination of persons who shall pay the charge or rate. This provision is particularly relevant in multi-party port operations, where responsibility can be shared or ambiguous—for example, between vessel agents, terminal operators, cargo interests, or other parties involved in port calls.
From a practitioner’s perspective, Section 3(2) means that even if the Schedule contemplates multiple potential payers, PSA retains flexibility in selecting the billing target(s). In disputes, this discretion may be central: a party challenging liability may need to focus not only on the Schedule’s wording but also on whether PSA’s selection falls within the discretion contemplated by Section 3(2).
3. Tonnage calculation and the manifest/shipping note issue (Section 4)
Section 4 addresses how PSA calculates tonnages of goods for charging purposes. It provides that whether or not a vessel’s manifest or shipping note is lodged with PSA in accordance with the Singapore Port Regulations (Rg 6), PSA may elect to calculate all tonnages of goods according to the cubic measurement or gross weight, whichever is the greater.
This is a practical and potentially contentious provision. In port billing, the choice between volume-based (cubic measurement) and weight-based (gross weight) tonnage can significantly affect the charge. Section 4 effectively gives PSA an election right that is not conditioned on whether the manifest/shipping note is lodged. Therefore, even if documentation is properly lodged, PSA may still choose the greater of the two measurement bases.
For legal advisers, the key takeaway is that documentation compliance (manifest/shipping note lodging) may not prevent PSA from applying the “greater of cubic or gross weight” approach. Accordingly, counsel should consider advising clients on measurement evidence, cargo declarations, and how tonnage is computed in practice—especially where invoices are disputed.
4. Rebates and concessions—credit account requirement (Section 5)
Section 5 provides that rebates and concessions prescribed in the Schedule shall be granted only to a person who has a credit account with PSA. This is a condition precedent to receiving preferential treatment. It also implies that even if a party’s cargo or vessel qualifies for a rebate under the Schedule, the rebate may still be withheld if the party does not hold the required credit account.
In disputes, this can be decisive. Parties seeking rebates should ensure that their PSA credit account status is current and properly linked to the relevant transactions. Conversely, if PSA denies a rebate, Section 5 provides a clear statutory basis for denial where the credit account requirement is not met.
5. When a person ceases to be agent or owner—timing and continuing liability (Section 6)
Section 6 deals with the timing of when a person ceases to be treated as an agent or owner for the purposes of the Notification. Under Section 6(1), a person ceases to be an agent or owner only on the later of: (a) the date PSA receives a written notice from that person that they have ceased; or (b) the date stipulated by that person in the notice as the date they cease—whichever is later.
Section 6(2) then imposes continuing liability: notwithstanding Section 6(1), the person continues to be liable for any charges or rates payable by them as agent or owner prior to the date they cease under Section 6(1). This structure protects PSA against retroactive avoidance of liability by late notices. For shipping agents and vessel owners, it underscores the importance of timely written notifications and careful record-keeping.
6. Electronic applications and notices (Section 7)
Section 7 provides that, notwithstanding the Notification, PSA may allow any application, request, or notice referred to in the Notification to be made, given, or transmitted electronically. This is a modernisation clause. It does not mandate electronic filing; rather, it gives PSA discretion to permit it. Practically, this affects how parties should communicate with PSA and what evidence will be accepted (e.g., timestamps, confirmation receipts, and the PSA’s chosen electronic channels).
7. Cancellation of earlier 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, ensuring continuity and consolidation of PSA’s charging schedule framework.
How Is This Legislation Structured?
The Notification is structured as a short set of operative provisions supported by a Schedule. The enacting formula and sections are as follows:
- Section 1: Citation and commencement (9 April 1997).
- Section 2: Definitions used across the charging regime (including measurement and cargo/container categories).
- Section 3: Charges and rates—generally “as specified in the Schedule”, plus PSA discretion on who pays where multiple persons may be liable.
- Section 4: Tonnage of goods—PSA election to use cubic measurement or gross weight, whichever is greater, regardless of manifest/shipping note lodging.
- Section 5: Rebates and concessions—only for persons with a PSA credit account.
- Section 6: Date a person ceases to be agent or owner—later of PSA receipt date or stipulated cessation date; continuing liability for prior charges.
- Section 7: Electronic applications/requests/notices—PSA may permit electronic transmission.
- Section 8: Cancellation of the earlier “Scale of Dues and Rates” Notification (N 9).
- The Schedule: The detailed list of charges, rates, liable persons, 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/facilities. In practice, this includes shipping agents, vessel owners, terminal users, and other port participants whose transactions trigger PSA’s scheduled charges.
It also applies indirectly to cargo interests and operators because the charging basis may depend on cargo and container classifications (e.g., dangerous goods, FCL status, reefer containers, transhipment and re-export categories) and on measurement rules (tonnage rounding; cubic measurement versus gross weight). While the Notification does not itself list every commercial party, it sets the legal conditions under which PSA invoices and grants rebates.
Why Is This Legislation Important?
This Notification is important because it provides the legal foundation for PSA’s port charges and establishes several charging rules that can determine the outcome of billing disputes. Section 3 anchors the charging framework in the Schedule, while Section 3(2) gives PSA discretion to decide which person(s) pay where multiple parties could be liable. This can affect contract allocation of risk and the strategy for resolving invoice disputes.
Section 4 is particularly significant for practitioners dealing with documentation and measurement disputes. By allowing PSA to calculate tonnages based on the greater of cubic measurement or gross weight regardless of whether manifests or shipping notes are lodged, the Notification reduces the leverage of arguments based solely on documentation compliance. Instead, disputes may turn on the underlying measurements, declarations, and how “gross weight” and cubic measurement are determined in the relevant operational context.
Finally, Section 5’s credit-account requirement for rebates and concessions is a clear compliance gate. Many commercial arrangements assume that eligibility for rebates follows automatically from cargo or operational characteristics. This Notification clarifies that eligibility is conditional on having a PSA credit account. For counsel advising on billing optimisation, contract drafting, and dispute prevention, ensuring credit account status and aligning invoicing parties with PSA’s discretion under Section 3 are practical steps.
Related Legislation
- Port of Singapore Authority Act (Cap. 236): Authorising Act, including section 58(1)
- Singapore Port Regulations (Rg 6): Reference point for lodging of vessel manifests or shipping notes
- Maritime and Port Authority of Singapore (Dangerous Goods, Petroleum and Explosives) Regulations 1997: Definition reference for “dangerous goods”
- Maritime and Port Authority of Singapore (Pleasure Craft) Regulations 1997: Definition 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.