Vanuatu
The Vanuatu Court of Appeal has dismissed an appeal by the Northern Islands Stevedoring Company Limited (NISCOL), upholding a Supreme Court ruling that ordered the company to pay VTê.5 million in unpaid concession fees and surcharges to the government through the Vanuatu Maritime Safety Authority (VMSA).
The decision, delivered on May 16, 2025, reinforces efforts to uphold port regulations and recover levies from operators with exclusive rights to national ports.
A bench comprising Justices Mansfield, Astier, Aru, Trief, and Goldsbrough confirmed that the concession fees, introduced under Order 188 of 2022 of the VMSA Act, are lawful and enforceable.
NISCOL argued that the fees conflicted with its 2015 concession agreement and claimed exemption as a partly state-owned entity. The court dismissed both claims, finding that NISCOL is a registered company under the Companies Act and not a government agency.
The ruling serves as a clear reminder to all concession holders and stevedoring companies that compliance with port regulations is compulsory, regardless of ownership structure or prior agreements.
