Maersk (Lanka) Pvt. Ltd vs Minister of Ports and Aviation and Others – sllr 2012 volume 1 page 009

In the case between Maersk (Lanka) Pvt. Ltd and the Minister of Ports and Aviation and others, the court addressed the issue of whether Regulation 10, which imposed tariff charges on shipping agents under the Shipping Agents Act, exceeded the statutory power granted to the Minister. It was determined that the power to make regulations is confined strictly to the limits and intentions established by the Act, particularly considering its long title and express terms. The finding reaffirmed that financial obligations, such as tariffs, require a clear legislative mandate, and cannot be implied or extended by regulation. The holding emphasized that acts exceeding statutory authority cannot be validated by consent, waiver, or estoppel. The court relied on relevant statutory provisions, including