P&I Associates, our correspondents in Durban, has provided us with the following information.
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UPDATE: I am pleased to report that the port have now taken my complaints on board and all vessels on the water will not have to put up an LOI.
I was advised yesterday that the under keel clearance (UKC) for the port of Durban would be changed with immediate effect. I am attaching the notice that was sent out today.
I immediately took up the matter with the harbour master and the port legal officer and I protested vehemently to them that they simply cannot make a change like this without proper notification being given to all port users and proper lead in time is allowed as there are a number of vessels already bound for Durban where those vessels exceed the UKC.
I advised the harbour master that the port should provide a proper lead in programme so that ship owners and liner operators can make the necessary adjustments in their sailing and loading schedules. The matter has also been taken up by the Association of South African Ships Agents. Both our protests this far have fallen on deaf ears. The Association will be taking legal advice on whether to take the matter up with the port regulator.
In terms of the new UKC, you will note that where vessels exceed the UKC, the agents will have to make an application to the harbour master for a tidal sailing accompanied by a tidal calculation. You will also note more importantly that the port will require an indemnity (LOI) in respect of those vessels that exceed the UKC.
I attach a copy of the ports standard LOI and you will note that it is a blanket indemnity holding the port free from all liability. When these LOIs first appeared, we, together with local lawyers amended the LOI and we inserted the words “This indemnity is given subject to the Owners maximum liability under South Africa law and all rights and defences are reserved”.
Should your claims handlers be contacted by your members regarding the UKC issue at Durban and where those members are required to sign an LOI, please insure that the indemnity that is given includes the above provision. This will then limit the owner’s liability under South African law to the 57 convention with the SDR protocol as set out in the attached LOI.
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Port-of-Durban-Increase-in-the-Under-keel-clearance-of-vessels-berthing-at-the-container-berths.pdf
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