Guide

Why Is Port Clearance (SPB) Refused? Causes and Prevention

Port Clearance (Surat Persetujuan Berlayar, SPB) is issued only when the Harbour Master (Syahbandar) is satisfied that the ship is seaworthy and its obligations are met. This guide covers the legal grounds for refusal or delay, the most common causes and how to prevent them.

Published: Last reviewed: Prepared by Nautinix

On what legal grounds can the Harbour Master refuse or delay an SPB?

Article 219 of Law 17 of 2008 on Shipping requires every sailing ship to hold an SPB from the Harbour Master. An SPB is not granted, or is revoked, when the ship breaches certain provisions of the Law, including seaworthiness requirements, and the Harbour Master may delay departure for lack of seaworthiness or because of the weather.

The implementing rule, Regulation PM 28 of 2022, lists in Article 13 three grounds for refusing an SPB: unmet administrative requirements, a written court order, or sea conditions that could endanger the ship given its size and type. The first ground, unmet administrative requirements, is the one owners and operators can most readily prevent.

What is the difference between a refused, delayed, revoked and lapsed SPB?

These terms are often confused, yet each needs a different next step.

SPB status under Law 17 of 2008 and PM 28 of 2022.
StatusWhat it meansLegal basisNext step
RefusedNo SPB is issued: requirements unmet, a written court order, or dangerous weatherPM 28/2022 Article 13Fix the cause, then apply again
DelayedDeparture is held temporarily for lack of seaworthiness or because of the weatherLaw 17/2008 Article 219(4); PM 28/2022 Article 11(7) and (8)Resolve inspection findings or wait for better weather
RevokedAn SPB already issued is withdrawn, for example on a written court orderLaw 17/2008 Article 219(3); PM 28/2022 Article 15Deal with the case or breach behind it
Cancelled by the masterThe master cancels the departure on learning that the ship is not seaworthyPM 28/2022 Article 14Record it in an official report and reapply with that report
LapsedThe ship did not depart within 24 hours of the SPB being granted; each SPB covers one voyageLaw 17/2008 Article 219(2); PM 28/2022 Article 9Apply for a new SPB when the ship is truly ready to sail

Which ship documents most often cause an SPB refusal?

The Harbour Master checks the ship’s papers by verifying their validity (PM 28/2022 Article 5). Under Article 3 these include at least the Surat Ukur (tonnage certificate), nationality certificate, safety, load line and manning certificates, cargo documents and the previous port’s clearance. The application adds the Master Sailing Declaration, the manifest and the crew list. Common problems:

  • A safety or convention certificate whose annual or intermediate survey was missed, making it invalid before its end date.
  • A Pas Besar or Surat Laut not yet endorsed for this year on the anniversary of its issue date.
  • Inconsistent data, such as a ship name, tonnage or tonnage mark that differs between the Surat Ukur, the nationality certificate and other certificates.
  • An incomplete manifest, crew list or master’s declaration at the time of application.

How can crew issues hold up an SPB?

Manning is an element of seaworthiness under Article 117(2) of the Shipping Law, and Article 224 requires everyone working on board to hold the required competence and seafarer documents and to be entered in the crew register (sijil) by the Harbour Master, based on a seafarer employment agreement (PKL) acknowledged by the Harbour Master. Common problems:

  • An expired certificate of competency (CoC), proficiency certificate or seafarer medical certificate.
  • A crew list whose numbers or ranks do not match the ship’s safe manning certificate.
  • Newly joined crew who have not been entered in the sijil, or whose PKL has not been signed and acknowledged by the Harbour Master.

Which obligations must be settled before an SPB is issued?

The SPB application must include proof that the ship’s obligations on the checklist have been met (PM 28/2022 Articles 8 and 11). The checklist format annexed to the regulation lists the following items, each with a “not required” option because not every item applies to every ship:

  • Proof of payment for port services: anchorage fees, and berthing fees at ports not yet commercially operated.
  • Navigation and shipping services, where applicable.
  • Approval from the relevant government agencies, such as customs, immigration, health quarantine, and animal and plant quarantine.

When does the weather or the ship’s condition delay a departure?

Weather is assessed against the ship’s size and type, so a small vessel can be held back in conditions that are still safe for a larger one. A weather delay is temporary, so watch the marine forecast before scheduling a departure.

If the Harbour Master receives a report or learns that the ship does not meet seaworthiness requirements, the ship is inspected and its departure can be delayed until the findings are resolved.

What is different for fishing vessels?

A fishing vessel leaving a fishing port to catch or carry fish needs an SPB from the fishing port’s harbour master (Law 45 of 2009, Article 42). Where required, one condition is an operational worthiness certificate (Standar Laik Operasi, SLO) issued by Fisheries Inspectors under Ministerial Regulation KP 23 of 2021. An invalid SIPI or SIKPI licence, or an inactive vessel monitoring transmitter where one is mandatory, can also hold up the SPB.

What should you do if an SPB is refused, and how do you prevent it?

Ask the officer which document or obligation is outstanding, fix the cause and apply again. Never sail without an SPB: Article 323 of the Shipping Law makes sailing without one a criminal offence for the master, punishable by imprisonment and a fine. To avoid the next refusal:

  • Check the validity of every ship and crew certificate a few days before the planned departure, not on the day itself.
  • Submit the ship’s papers and ship report no later than 24 hours before arriving in port (PM 28/2022 Article 4).
  • Match the crew list against the manning certificate and the sijil at every crew change.
  • Settle port obligations and obtain the relevant agency approvals before applying for the SPB.
  • Apply only when the ship is ready to depart, as the SPB lapses if the ship does not sail within 24 hours.
  • If you need support, the Nautinix SPB service checks ship and crew documents before filing.

These references are provided for information. Always check the latest version of each regulation and its implementing rules at the official source.

The information on this page is general and educational. Requirements, procedures and processing times can differ by vessel type, GT, operating area, issuing office and current regulations. Nautinix is an independent ship document service company and does not replace the authority of the relevant government agencies.

FAQ

Frequently Asked Questions

Can the Harbour Master detain a ship without a court order?

Only on a written court order linked to a criminal or civil case (Shipping Law, Article 222). Delaying a departure is different: the Harbour Master can still hold back a ship that is not seaworthy, or because of the weather, and withholds the SPB while administrative requirements are unmet.

Can an SPB be applied for online?

Yes. PM 28 of 2022 provides that SPB applications are filed electronically through an internet-based system, or manually where the port does not yet have one. Many public ports use Inaportnet; at a fishing port, ask the local fishing port harbour master which system applies.

Is the Harbour Master responsible for the legitimacy of ship documents?

No. Under PM 28 of 2022 the Harbour Master checks that the ship’s papers are complete and valid but is not responsible for their legitimacy, and the master alone answers for the seaworthiness statement in the Master Sailing Declaration. Owners and operators must make sure every document is genuine and its data correct.

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