Shipping General Amendment Act
This provision amends section 2 by updating and adding several shipping-related definitions.
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- Act 23 of 1997
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This provision amends section 2 by updating and adding several shipping-related definitions. This provision amends section 3 of the Merchant Shipping Act, 1951 by replacing paragraphs (c) and (d) of subsection (12). The Director-General’s powers and duties may be carried out personally, by an officer or organization, or in some prescribed cases by a delegated person or organization under the Director-General’s control or direction. This provision amends section 9 of the Merchant Shipping Act, 1951 by deleting the word “and” at the end of paragraph (vi) and deleting paragraph (vii) of subsection (1). This provision amends section 193 of the Merchant Shipping Act, 1951 by replacing specified wording with “cargo ship safety radio certificate.”
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Provisions of Shipping General Amendment Act
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Section 2 of the Merchant Shipping Act, 1951, is hereby amended—
This provision amends section 2 by updating and adding several shipping-related definitions.
1. Section 2 of the Merchant Shipping Act, 1951, is hereby amended— (u) by the substitution in subsection (1) for the definitions of “cargo ship safety construction certificate” and “cargo ship safety equipment certificate” of the following definitions, respectively: “ ‘cargo ship safety construction certificate’ means such a certificate, issued in conformity with the Safety Convention under subpmagraph (a) of paragraph (1) or (2) of section 193, or deemed in accordance with the provisions of section 202(1 )(b) to have been so issued; ‘cargo ship safety equipment certificate’ means such a certificate, issued in conformity with the Safety Convention under subparagraph (b) of paragraph (1) or (2) of section 193, or deemed in accordance with the provisions of section 202(1)(b) to have been so issued;”; (b) bv the insertion in subsection (1) after the definition of “cargo szP safetY equipment certificate” of the following definition: “ ‘cargo ship safety radio certificate’ means such a certificate, issued in conformity with the Safety Convention under subpara=aph (b) of paragraph (3) or (4) of section 193. or deemed in accordance with the provisions of section 202(1)(b) to have been so issued;”; bY the deletion in subsection (1) of the definitions of “cargo ship safety radiotelegraphy certificate” and “cargo ship safetY radiotelephony certifi- cate”: 5 10 15 20 25 30 35 40 6 N(). 18130 Act No. 23, 1997 GOVERNMENT GAZETTE, 18 JUL’I’ 1997 SHIPPING GENERAL AMENDMENT ACT 1997 (d) by the substitution in subsection (I) for the definitions of “country to which the Load Line Convention appfies” and “country to which the SafetY COINetItlOn appht%” of the following definitions, respectively: “ ‘country to which the Load Line Convention applies’ means a country in respect of which the Load Line Convention is for the time being in force. and includes any territory to which the said Convention applies in accordance with the relative Article thereofi ‘country to which the Safety Convention applies’ means a country in respect of which the Safety Convention is for the time being in force;’”; (e) by the substitution in subsection (1) for the definition of “dangerous goods” of the following definition: 4’ ‘dangerous goods’ means goods which by reason of their nature, quantity or mode bf stowage, are either singly or collectively liable to endanger the lives or health of persons on or near the ship or to imperil the ship. and includes all substances within the meaning of the expression ‘explosives’ as used in the Explosives Act, 1956 (Act No. 26 of 1956). and any other goods [which the Minister by notice in the Gazette may specify] specified in the regulations as dangerous goods;”: ~) by the substitution in subsection (1) for the definition of “dynamically supported craft” of the following definition: “ ‘dynamically supported craft’ means any air-cushion vehicle, sidewall craft, hydrofoil boat, or [any] other [prescribed] similar craft, used [for transportation or for any other purpose on or above the surface ofl wholly or principally in navigation by water;”; (g) by the substitution in subsection (1) for the definition of “exemption certificate” of the followirw definition: . “ ‘exemption certificate’ means such a certificate, issued in conformity with the Safety Convention under paragraph (c) of section 192. sUbpaYdgr~f paragraph (4) of section 193, or deemed in accordance with the provisions of section 202(1 )(a) or (b) to have been so issued;”; 5 10 15 Z() 25 30 (h) by the insertion in subsection (1) after the definition of “goods” of the following definition: ‘- ‘hazard’ means a source of or exposure to danger;”; (i) by the substitution in subsection (1) for the definition of “International 35 C-ollision Regulations Convention” of the following definition: ‘“ ‘International Collision Regulations Convention’ means the [conven- tion set out in the Third Schedule to this Act] Convention on the International Regulations for Preventing Collisions at Sea done at London on 20 October 1972, as modified by any amendment made under Article VI of that Convention that has entered into force for the Republic;’”; (j) by the substitution in subsection (1) for the definitions of “international load line certificate” and “international load line exemption certificate” of the following definitions, respectively: “ ‘international load line ce-fiificate’ means such a certificate, issued in conformity with the Load Line Convention under paragraph (i) of section 207, or deemed in accordance with the provisions of section 215(1) to have been so issued, and includes an international load line exemption centiticate; ‘international load line exemption certificate’ means such a certificate issued in conformity with the Load Line Convention under section 204(I)(u);”; (k) by the substitution in subsection (1) for the definition of “Load Line Convention” of the following definition: “ ‘Load Line Convention’ means the International Convention on Load Lines done at London on 5 April 1966, as modified by any amendment made under Article 29 of that Convention that has entered into force for the Republic;”; 40 45 50 55 (1) by the substitution in subsection (1) for the definition of “nautical mile” of the 60 following definition: “ ‘nautical mile’ means a distance of 1 852 metres: and ‘mile’ has a correspondinsz meaning:”; 8 No, 18130 Act ?’iO. 23, 1997 GOVE RNhlENT G.AZETTE, 18 JULY 1997 SHIPPING GENERAL Ah’tENDMENT ACT. 1997 (m) by the substitution in subsection (1) for the definition of “occupational safety” of the following definition: “ ‘occupational safety’ means the safety of any employee working on [board] or in a ship and whilst boarding or leaving the ship;”; (n) by the substitution in subsection (1) for the definition of “passenger ship safety certificate” of the following definition: 5 “ ‘passenger ship safety ce~ificate’ means such a certificate, issued in conformity with the Safety Convention under paragraph (a) or (c) of section 192, or deemed in accordance with the provisions of section 202( 1)(a) to have been so issued;”; 10 (o) by the insertion in subsection (1) after the definition of “proper return Pofl” of the following definition: - . . . “ ‘Pro~ocol of 1978 relating to the Safety Convention’ means the Protocol of 1978 relating to the International Convention for the Safety’ of Life at Sea, 1974, done at London on 17 Febmary 1978, the English 15 text of which is set forth in the Second Schedule, as modified by any amendment made under Article VIII of the International Convention for the Safety of Life at Sea, 1974, as incorporated in that Protocol by Article II of that-Protocol. that has entered int~ force for the Republic:”; the substitution in subsection (1) for the definition of “safe” of the 20 (P) @ following definition: “ ‘safe’ means free from any threat which may cause bodily injury, illness or death, and free from any hazard as far as practicable;”: (q) by the substitution in subsection (1) for the definition of “Safety Convention” of the following definition: “ ‘Safety Convention’ means the International Convention for the Safety of Life at Sea done at London on 1 November 1974, the English text of which is set forth in the Second Schedule, as modified by any amendment made under Article VIII of that Convention that has entered into force for the Republic and. after the date on which the Protocol of 1978 relating to the Safety Convention enters into force for the Republic, as also modified by that Protocol:”: (r) by the substitution in subsection (1) for the definition of “safety convention certificate” of the following definition: “ ‘safety convention certificate’ means a passenger ship safety certifi- cate, a cargo ship safety construction certificate, a cargo ship safety equipment certificate. a cargo ship safety [radiotelegraphy certificate, a cargo ship safety radiotelephony certificate] radio certificate or an exemption certificate;”; 25 30 35 (s) by the substitution in subsection (1) for the definition of “savings bank” of the 40 following definition: “ ‘savings bank’ means the Post Office Savings Bank, or a [deposit- taking institution] bank registered under the [Deposit-taking Institu- tions Act] Banks Act, 1990 (Act No. 94 of 1990), or, in respect of the allotment of premiums, a person registered or deemed to be registered as an insurer under the Insurance Act, 1943 (Act No. 27 of 1943), or any other body designated by the Minister;”; (r) by the substitution in subsection (1) for the definition of “ship” of the following definition: “ ‘ship’ means any kind of vessel used in navigation by water. however propelled or moved, and includes— (a) a barge, lighter or other floating vessel; (b) a structure that is able to float or be floated and is able to move or be moved as an entity from one place to another: and (c) a dynamically supported craft; and ‘vessel’ has a corresponding meaning;”; (u) by the insertion in subsection (1) after the definition of “standard” of the following definition: “ ‘STCW Convention’ means the International Convention on s~d~ds of Training, Certification and Watchkeeping for Seafmers done at London on 7 July 1978, the English text of which is set foflh in dle Fifth Schedule, as modified b~ any amendment made under ficle XII of that Convention that has ent&ei into force for the Republic;”; 45 50 55 60 I () ri(l, 18130 Act No. 23.1997 GOVERNMENT GAZETTE. 18 JULY 1997 SHIPPING GENERAL MVIENI)ME~T ACT. 1997 (]’) by the substitution in subsection (1) for paragraph (a) of the definition of “standard” of the following paragraph: “(a) any provision occurring in a specification, [standard specification,] compulsory specification, code of practice or standard method within the meaning of the Standards Act, [1982 (Act No. 30 of 1982)] 1993 (Act 5 No. 29 of 1993); or”; (w) by the substitution in subsection (1) for the definition of “timber cargo regulations” of the following definition: “ ‘timber cargo regulations’ means the regulations made under [para- graph (c) of subsection (2) of section three hundred and jifipti] 10 section 356(2)(a) to give effect to the relative provisions of the [Load Line Convention] Safety Convention, or such regulations as applied under subsection (3) of [the said] section 356:”; the substitution in subsection (1) for t~ definition of “Tonnage (x) by C“onvention” of the following definition: “ ‘Tonnage Convention rmeans the International Convention on Tonnage Measurement of Ships done at London on 23 June 1969, as modified by anv amendment made under Article 18 of that Convention that has entered into force for the Republic;”; (y) by the deletion in subsection (1) of the definition of “vessel”; and (:) b~r the substitution for subsection (4) of the following subsection: “(4) (a) In this Act references to a ship built or constructed before or after any date shall be construed as references to a ship the keel of which has been laid or which is at a similar stage of construction before or after that date, as the case may be. (b) In paragraph (a) ‘similar stage of construction’ means the stage at which- (i) construction identifiable with the ship has begun; and (’ii ~ assembly of the ship has commenced and comprises at least 50 tons or one per cent of the estimated mass of all structural material. whichever is less. ” Amendment of section 3 of Act 57 of 1951, as amended by section 4 of Act 30 of 1959, section 32 of Act 69 of 1962, section 2 of Act 40 of 1963, section 2 of Act 13 of 1965. section 2 of Act 25 of 1985 and section 2 of Act 18 of 1992 - 2 Verify source ↗
Section 3 of the Merchant Shipping Act, 1951. is hereby amended by the
This provision amends section 3 of the Merchant Shipping Act, 1951 by replacing paragraphs (c) and (d) of subsection (12).
2. Section 3 of the Merchant Shipping Act, 1951. is hereby amended by the substitution for paragraphs (c) and (d) of subsection (12) of the following paragraphs: ‘A(c) every other person on board a vessel in the execution of his duties, or working on the exterior shell or appurtenances of a vessel. including the equipment used bv such person, whether or not the vessel is afloat; every working gear. lifting gear, anchor or cable. any machinery, every gangway or accommodation ladder, any equipment or every appurtenance in or on a vessel which forms a part of the construction or equipment of such vessel. [excluding] including any machinery or equipment brought on board a vessel and which does not form part of the equipment of such vessel.”. (d) 15 20 25 30 35 40 Amendment of section 5 of Act 57 of 1951, as substituted by section 5 of Act 30 of 1959 and amended by section 3 of Act 25 of 1985 45 - 3 Verify source ↗
Section 5 of the Merchant Shipping Act, 1951, is hereby amended by the
The Director-General’s powers and duties may be carried out personally, by an officer or organization, or in some prescribed cases by a delegated person or organization under the Director-General’s control or direction.
3. Section 5 of the Merchant Shipping Act, 1951, is hereby amended by the substitution for subsection (3) of the following subsection: 12 No. 18130 Act NO. 23.1997 GOVERNMENT GAZETTE. 1 X JULJ” 199: sHIPPING GENERAL AMENDMENT ACT, 1997 “(3) All powers conferred and all duties imposed upon the Director- General may be exercised or performed by the Director-General personally. or by an officer or or~anization or, with respect to conditions prescribed under section 68(3 )(b), by a person or organization under a delegation or under the control or direction of the Director-General.”. 5 Amendment of section 9 of Act 57 of 1951, as mended by section 7 of Act 30 of 1959 and section 3 of Act 18 of 1992 - 4 Verify source ↗
Section 9 of the Merchant Shipping Act, 1951. is hereby amended by the deletion
This provision amends section 9 of the Merchant Shipping Act, 1951 by deleting the word “and” at the end of paragraph (vi) and deleting paragraph (vii) of subsection (1).
4. Section 9 of the Merchant Shipping Act, 1951. is hereby amended by the deletion of “and” at the end of paragraph (vi), and of paragraph (vii), of subsection (1). Amendment of section 193 of Act 57 of 1951, as amended by section 11 of Act 13 of 10 1965 - 5 Verify source ↗
Section 193 of the Merchant Shipping Act, 1951, is hereby amended—
This provision amends section 193 of the Merchant Shipping Act, 1951 by replacing specified wording with “cargo ship safety radio certificate.”
5. Section 193 of the Merchant Shipping Act, 1951, is hereby amended— (a) by the substitution in paragraph (3) for subparagraphs (a) and (b) of the following expression: “a cargo ship safety radio certificate:”; and (b) by the substitution in paragraph (4) for subsubparagraphs (i) and [ii) of subparagraph (b) of the following expression: “, a cargo ship safety radio certificate.”. Amendment of section 197 of Act 57 of 1951, as amended by section 14 of Act 13 of 1965 and section 6 of Act 3 of 1981 15 20 - 6 Verify source ↗
Section 197 of the Merchant Shipping Act, 1951, is hereby amended by the
Section 197 is amended so that an exemption certificate cannot last longer than the related ship safety certificate.
6. Section 197 of the Merchant Shipping Act, 1951, is hereby amended by the substitution for subsection (2) of the following subsection: “(2) An exemption certificate shall not remain in force for a period longer than the period of the passenger ship safety certificate, the cargo ship safety construction certificate. the cargo ship safety equipment certificate [the cargo 25 ship safety radiotelegraphy certificate] or the cargo ship safety [radiotelephony certificate] radio certificate. and a local safety exemption certificate shall not remain in force for a period longer than the period of the local general safety certificate, issued in respect of the same vessel.”. Amendment of section 200 of Act 57 of 1951, as amended by section 31 of Act 40 of 30 1963 and section 16 of Act 13 of 1965 - 7 Verify source ↗
Section 200 of the Merchant Shipping Act. 1951. is hereby amended—
This provision amends section 200 of the Merchant Shipping Act, 1951, replacing one item and deleting another.
7. Section 200 of the Merchant Shipping Act. 1951. is hereby amended— (a) by the substitution in subsection (1) for subparagraph (iii) of paragraph (c) of the following subparagraph: “(iii) a cargo ship safety [radiotelegraphy certificate] radio certificate and if 35 an exemption certificate has been issued. such exemption certificate: or”: and (b) by the deletion in subsection (1) of subparagraph (iv) of paragraph (c). Amendment of section 215 of Act 57 of 1951, as substituted by section 23 of Act 13 of 1965 40 - 8 Verify source ↗
Section 215 of the Merchant Shipping Act. 1951, is hereby amended by the
This provision amends section 215 of the Merchant Shipping Act, 1951 by replacing “paragraph 1” with “paragraph (i)” in subsection (1).
8. Section 215 of the Merchant Shipping Act. 1951, is hereby amended by the substitution in subsection ( 1 ) for the expression “paragraph 1“ of the exPression “paragraph (i)”. Amendment of section 238 of Act 57 of 1951 - 9 Verify source ↗
Section 238 of the Merchant Shipping Act. 1951, is hereby amended by the 45
This provision amends section 238 of the Merchant Shipping Act, 1951 by replacing “two thousand pounds” with “one thousand kilograms”.
9. Section 238 of the Merchant Shipping Act. 1951, is hereby amended by the 45 substitution for the words “two thousand pounds” of the words “one thousand kilograms”. 14 No. 18130 GOVERNMENT GAZE_tTE. 18 JULY 1997 Act NO. 23, 1997 SHIPPING GENERAL AMENDMENT ACT, 1997 Amendment of section 259 of Act 57 of 1951, as substituted by section 15 of Act 18 of 1992 - 10 Verify source ↗
Section 259 of the Merchant Shipping Act, 1951, is hereby amended—
This section adds accident-reporting duties for ship-related employers and restricts disturbance of accident scenes.
10. Section 259 of the Merchant Shipping Act, 1951, is hereby amended— (a) by the insertion afrer subsection (1) of the following subsection: “(1 A) (a) Whenever a stevedore, a shore contractor or incidental persons are involved in a casualty resulting in loss of life or serious injury to any person, or in an accident, their employer shall, in the form and stating the particulars referred to in subsection (1), forthwith report the event to the nearest proper officer by the fastest means of communication available. (b) In paragraph (a)— ‘incidental person< means persons other than the master and crew, and stevedores and shore contractors on board a vessel in the course and scope of their duties; ‘shore contractor’ means a person temporarily employed to effect general or specific repairs, alterations, renovations, improvements, painting. maintenance of vessel or machinery, tank or hatch cleaning and related tasks on or in a vessel; ‘stevedore’ means a person employed in the loading or unloading of a vessel or in related activities.”; (b) by the substitution for subsection (2) of the following subsection: “(2) [Subsection] Subsections (1) and (1A) shall, subject to subsec- tion (3), apply to every ship which is registered or licensed in the Republic or which is in terms of this Act required to be so registered or licensed and to or in respect of or on board of which any such event as is referred to in [subsection] subsections (1) and (1A) has occurred anywhere, and [it] shall apply to a ship registered in a country other than the Republic only while [she] the ship is within the Republic or the territorial waters thereof and if any such event has occurred to or in respect of or on board of the ship during a voyage to a port in the Republic or within the Republic or the territorial waters thereof.”; (c) by the addition to subsection (4) of the following paragraph the existing subsection becoming paragraph (a): “(b) The owner or master of any ship concerned and any employee or user who learns about an event referred to in subsection (1A), shall forthwith notify the employer concerned of such event.”; and (d) by the addition of the following subsection: “[5 ) No person shall disturb or remove anything from the scene of an accident required to be reported in terms of this section unless permitted by the proper officer, or if a person has been appointed under section 264 to hold a prelirninarv enquiry into the accident, by that person.”. 5 10 15 ~o 15 30 35 40 Amendment of section 261 of Act 57 of 1951, as amended by section 33 of Act 30 of 1959, section 7 of Act 25 of 1985 and section 4 of Act 16 of 1995 11. ( 1 ) Section 261 of the Merchant Shipping Act, 1951, is hereby amended— (a) by the substitution for paragraphs (a), (b) and (c) of subsection (1) of the 45 following paragraphs: “(a) if no claim for damages in respect of loss of or damage to property or rights arises, be liable for damages in respect of loss of life or personal injury to an aggregate amount exceeding [an amount equivalent to two thousand six hundred and thirty-five gold francs] 206,67 special drawing rights for each ton of the ship’s tonnage; or if no claim for damages in respect of loss of life or personal inJurY arises. be liable for damages in respect of 10SS of or damage to property or rights to art aggregate amount exceeding [an amount (b) 50 55 16 NO 1813[) Act NO. 23, 1997 GOV ERNMENT GAzE7TE, 18 JULY J 997 SHIPPING GENERAL AMENDMENT ACT. 1997 equivalent to eight hundred and fiftv gold francs] 66,67 special drawing rights for each ton of [a] the ~hip’s tonnage; or (c) if claims for damages in respect of&of life or personal injury and also claims for damages in respect of 10ss of or damage to property or rights arise, be liable for damages to ~ aggegate amount exceeding [an amount equivalent to two fio~and six hundred and thir~v-five gold fran&] 206,67 special drawing rights for each ton of [a] @ ship’s tonnage: Provided that in such a case claims for damages m respect of loss of life or person~ ~jury shall, to the extent of an aggregate amount equivalent to [one thousand seven hundred and eighty-five gold francs] 140 special drawing rights for each ton .of the ship’s tonnage, have priority over claims for damages in respect of loss of or damage to property or rights, and, as regards the balance of the aggregate amount ~uivalent to [two thousand six hundred and thirty-five gold francs] 206,67 special drawing rights for each ton of the ship’s tonnage, the unsatisfied portion of the first-mentioned claims shall rank pari passu with the last-mentioned claims.”; and (b) bv the substitution for subsection (4) of the followimz subsection: “(4) (a) The amounts mentioned in subsectio~ (1) shall be converted into South African currency on the basis of the value of such currency on the date of the judgment or the date agreed upon by the parties. (b) For the purpose of converting from special drawing rights into South African currency the amounts mentioned in subsection (1) in respect of which a judgment is given, one special drawing right shall be treated as equal to such a sum in South African currency as the International Monetary Fund have fixed as being the equivalent of one special drawing right for— (i) the day on which the judgment is given; or (ii) if no sum has been so fixed for that day. the last day before that day for which a sum has been so fixed. (c) A certificate given by or on behalf of the Treasury stating— (i) that a particular sum in South African currency has been so fixed for a particular day: or (ii) that no sum has been so fixed for that day and that a particular sum in South African currency has been so fixed for a day which is the last day for which a sum has been so fixed before the particular day. shall be prirnafacie proof of those matters for the purposes of subsection (1): and a document purporting to be such a certificate shall, in any ~roceedings, be admissible in evidence and, in the absence of evidence to the contrarv. be deemed to be such a certificate.”. 5 10 15 30 35 40 (2) Section 261 of the Merchant Shipping Act, 1951. as amended by subsection (1). shall nor apply in respect of a cause of action that arose before the date of commencement of this section. Amendment of section 264 of Act 57 of 1951, as substituted by section 16 of Act 18 45 of 1992 - 12 Verify source ↗
Section 264 of the Merchant Shipping Act, 1951, is hereby amended—
This section amends section 264 of the Merchant Shipping Act, 1951, allowing the Director-General to request Labour to assign an inspector to help with a preliminary enquiry, and allowing certain ships involved in loss of life or serious injury to be detained for that enquiry if they are not unduly delayed.
12. Section 264 of the Merchant Shipping Act, 1951, is hereby amended— (a) by the substitution for subsection (2) of the following subsection: “(2) The Director-General may request the Director-General of [Manpower] Labour to assign a person designated as an inspector under 50 section [20] 28 of the [Machinery and Occupational Safety Act, 1983 (Act No. 60~983)] Occupational Health and Safety Act. 1993 (Act No. 85 of 1993), to assist a person appointed under subsection (1) to hold a preliminary enquiry.”; and (b) by the addition of the following subsection: 55 , “(3) A ship referred to in subsection (1)(a). (b) or (d) on board of which loss of life or serious injury to any person has occurred may be 18 No. 18130 GOVERNMENT GAZETTE. 18 JULY 1997 Act NO. 23, 1997 SHIPPING GENERAL AMENDMENT ACT, 1997 detained for purposes in relation to the holding of a preliminary enquiry thereunder, provided the ship is not thereby unduly delayed.”. Amendment of section 265 of Act 57 of 1951, as amended by section 17 of Act 18 of 1992 and section 5 of Act 16 of 1995 - 13 Verify source ↗
Section 265 of the Merchant Shipping Act, 1951, is hereby amended by the
This provision amends section 265 of the Merchant Shipping Act, 1951 by deleting subsection (2).
13. Section 265 of the Merchant Shipping Act, 1951, is hereby amended by the 5 deletion of subsection (2). Amendment of section 335 of Act 57 of 1951 - 14 Verify source ↗
Section 335 of the Merchant Shipping Act, 1951, is hereby amended by the
A proper officer may detain a vessel, a share in a ship, or goods that the Act says are liable to detention.
14. Section 335 of the Merchant Shipping Act, 1951, is hereby amended by the substitution for subsection (1) of ~he following subsection: “(1 ) A proper officer may cause a vessel or a share in a ship or arty goods 10 which by this Act is declared to be liable to detention, to be detained.”. Amendment of section 356 of Act 57 of 1951, as amended by section 42 of Act 30 of 1959, section 59 of Act 40 of 1963, section 6 of Act 24 of 1974, section 11 of Act 5 of 1976, section 19 of Act 3 of 1982, section 9 of Act 25 of 1985, section 32 of Act 18 of 1992 and section 7 of Act 16 of 1995 - 15 Verify source ↗
Section 356 of the Merchant Shipping Act, 1951, is hereby amended—
The Minister may issue notifications, declarations, and regulations for merchant shipping matters, including applying convention-based rules with exemptions or modifications.
15. Section 356 of the Merchant Shipping Act, 1951, is hereby amended— (a) by the substitution for paragraph (i) of subsection (1) of the following paragraph: “(i) [prescribing] for and in connection with, including the approval of, the books, forms and other documents to be used for the convenient and effective carrying out of the provisions of this Act, and ~f the particulars which shall be contained therein;”; (b) by the substitution for subparagraph (a) of paragraph (xxxviA) of subsection ( 1 ) of the following subparagraph: “(a) requiring such life-saving appliances to comply with specifications determined by the South African Bureau of Standards mentioned in the Standards Act, [1982 (Act No. 30 of 1982)] ~f ~; and”; (c) by the substitution for paragraph (xIA) of subsection (1) of the following paragraph: “(xIA) as to the design, construction, [licensing] operation. use and maintenance of dynamically supported craft and any other matter which may be reasonably necessary for the safe and orderly operation of such craft;”; 15 20 25 30 (d) by the substitution for paragraph (xliB) of subsection (1) of the following 35 paragraph: “(xliB) as to the safety measures to be taken [on] in relation to vessels by employers, employees, owners and users;”; (e) by the substitution for subsections (2) and (3) of the following subsections: “(2) The Minister may make such notifications, declarations and regulations as may be reasonably necessary to give effect, subject to such exemptions, restrictions and modifications as may be desirable, to the provisions of— (a) the Safety Convention; (b) the International Collision Regulations Convention; (c) the Load Line Convention; [and (d) any other convention relating to merchant shipping ratified or acceded to on behalf of the Republic and set out in any Schedule to this Actl (d) the Tonnage Convention; and (e) the STCW Convention. 40 45 50 20 No. 18130 GOVERNMENT GAzETTE. 18 n.JLY 1997 Act No. 23.1997 SHIPPING GENERAL AMENDMENT ACT, 1997 The regulations made under this subsection may include other and more extensive provisions than those contained in tie said conventions, provided they relate to the same or similar matters as are dealt within the said conventions. (3) The Minister may by regulation apply, subject to such exemptions. S restrictions and modifications as may be desirable, [in] any of the regulations made under subsection (2), to ships to which and in circumstances in which the provisions of the [Safety Convention, the International Collision Regulations Convention, the Load Line Convention and any convention referred to in subsection (2)(d)] 10 conventions mentioned in that subsection do not apply.”. Substitution of section 356bis o~Act 57 of 1951, as substituted by section 8 of Act 16 of 1995 - 16 Verify source ↗
The following section is hereby substituted for section 356bis of the Merchant
The Safety Convention and STCW Convention have the force of law in the Republic, and the Minister must update the relevant Schedule by Gazette notice when amendments take effect for the Republic.
16. The following section is hereby substituted for section 356bis of the Merchant Shipping Act. 1951: 15 “Conventions in Schedules to have force of law 356bis. (1) The provisions of the Safety Convention and the STCW Convention shall, subject to the provisions of this Act, have the force of law ] in the Republic. (2) The Minister shall, as soon as practicable after the entry into force for the Republic of any amendment to the Safety Convention or the STCW Convention, by notice in the Gazette amend the appropriate Schedule to refiect such amendment. (3) In interpreting the Safety Convention and the STCW Convention— (a) references to the Administration shall. in relation to ships of South African nationality. be construed as a reference to the Director- General or any officer or organization acting on his authority: and (b) the English text shall prevail in the event of conflict between the English and Afrikaans texts.”. Amendment of section 356ter of Act 57 of 1951, as inserted by section 34 of Act 18 30 of 1992 - 17 Verify source ↗
Section 356ter of the Merchant Shipping Act. 1951, is hereby amended by the
This section amends section 356ter of the Merchant Shipping Act, 1951, and says section 31 of the Standards Act, 1993 does not affect incorporations of safety standards under this section.
17. Section 356ter of the Merchant Shipping Act. 1951, is hereby amended by the substitution for subsection (6) of the following subsection: “(6) The provisions of section [33] 31 of the Standards Act. [1982 (Act No. 30 of 1982)] 1993 (Act No. 29 of 1993), s~all not affect any incorporation of a safety 35 standard or of any amendment or substitution of a safety standard. under this section.”. Repeal of Third, Fourth and Sixth Schedules to Act 57 of 1951 - 18 Verify source ↗
The Third, Fourth and Sixth Schedules to the Merchant Shipping Act. 1951. are
This section repeals the Third, Fourth and Sixth Schedules to the Merchant Shipping Act, 1951.
18. The Third, Fourth and Sixth Schedules to the Merchant Shipping Act. 1951. are hereby repealed. Amendment of section 1 of Act 2 of 1981, as amended by section 1 of Act 5 of 1983, section 1 of Act 38 of 1993 and section 15 of Act 15 of 1994 - 19 Verify source ↗
Section 1 of the Marine Traffic Act, 1981, is hereby amended—
This section amends Section 1 of the Marine Traffic Act, 1981 by changing several definitions and adding new ones.
19. Section 1 of the Marine Traffic Act, 1981, is hereby amended— (a) by the substitution for the definition of “authorized person” of the following definition: “ ‘authorized person’ means— (u) any officer as defined in section [1] l(lJ of the public Service Act [1957 (Act No. 54 of 1957)] 1994 (Proclamation No. 103 of 1994). designated by the Minister; (b) any officer of the South African Navy; 40 45 50 ~~ No. 18130 Act NO. 23, 1997 GOVERNMENT GAZETTE. 18 JULY 1997 SHIPPING GENERAL AMENDMENT ACT. 1997 (~) [(d) (e) (f) any member of the South Africa po~ce Service above the rank of sergeant: any member of the South Afri@n Railways Police Force above the rank of sergeant;] any member of the South African National Defence Force above the rank of sergeant employed on police duties in terms of section 3(2) [(d)] (b) of the Defence Act, 1957 (Act No. 44 of 1957); any p~son accompanying any person refereed to in paragraph (a), (b). (c) [(d)] or (e) and acting under his instructions;”; 5 (b) by the substitution for the definition of “Director-General” of the following 10 definition: “ ‘Director-Genelal’ means the Director-General: Transport or any officer of the Department of Transport acting on his authority; ‘“; (c) by the insertion after the definition of “Director-General” of the following definition: “ ,exclusive economic zone’ means the exclusive economic zone referred to in section 7 of the Maritime Zones Act, 1994 (Act No. 15 of 1994).”. --- .,,,, (d) by the substitution for the definition of “fishing harbour” of the following definition: “ ‘fishing harbour’ means a fishing harbour as defined in section 1 of the Sea [Fisheries Act, 1973 (Act No. 58 of 1973)] Fishery Act, 1988 (Act No. 12 of 1988);”; (e) by the substitution for the definition of “foreign” of the following definition: ‘< ‘foreign’, in relation to any ship, submarine or other underwater vehicle. means a shiD. submarine or other underwater vehicle [which is not registered or licensed in the Republic] not having South African nationality by virtue of section 64 of the Merchant Shipping Act. 1951 (Act No. 57 of 1951):”: ., “.. (f) bv the substitution for the definition of “harbour” of the following definition: “ ‘harbour’ means a harbour of which Transnet Limited has%ecome the owner in terms of section 3 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989);”; (g) by the substitution for the definition of “internal waters” of the followtig definition: “ ‘internal waters’ excludes those waters in respect of which the right of innocent passage exists by virtue of section 3(3) of the Maritime Zones Art 1994”. .. ----- ... , (k) by the substitution for the definition of “Minister” of the following definition: “ ‘Minister’ means the Minister of Transport [Affairs];”; (i) by the substitution for the definition of “offshore installation” of the following definition: “ ‘offshore installation’ means any of the following situated within the internal waters, territorial waters or the exclusive economic zone or on or above the continental shelf (a) Any installation, including a pipeline. which is used for the transfer of any substance to or from— (i) a ship: (ii) a research, exploration or production platform; or (iii) the coast of the Republic; any exploration or production platform used in prospecting for or the mining of any substance; any exploration or production vessel used in prospecting for or the mining of any substance: a telecommunications line as defined in section 1 of the pQSt Office Act, 1958 (Act No. 44 of 1958); any vessel or appliance used for the exploration or exploitation of the seabed;”; (b) (c) (d) (e) (j) by the substitution in the definition of “passage” for the words preceding paragraph (a) of the following words: “ ‘passage’ means navigation through the territorial waters in a continuous and expeditious reamer [on a normal and customary route] for the purpose of—”; 15 Z() 25 30 35 40 45 50 55 60 --4 24 No. 18130 GO1’ERNMENT GAZETTE. 18 JULY 1997 Act No. 23, 1997 SHIPPING GENERAL AMENDMENT ACT, 1997 (k) by the substitution for paragraph (b) of the definition of “passage” of the following paragraph: “(b) proceeding to or from [a harbour, whether through] internal waters [or not,] or a call at any such roadstead or offshore installation.”; (1) by the insertion before the definition of “ship” of the following definition: “ ‘safety zone’ means— (a) the area within a distance of 500 meters measured outward from any \ point on the exterior side of an offshore installation referred to in p~a~aphs (a) and (b) of the definition of offshore installation (other than a pipeline); or (b) the area determined by the Minister under section 8C;”; and (m) by the substitution for the definition of “territorial waters” of the following 5 10 definition: “ ‘territorial waters’ includes those waters in respect of which the right of 15 innocent passage exists by virtue of section 3(3) of the Maritime Zones Act, 1994.”. Substitution of section 8B of Act 2 of 1981, as inserted by section 2 of Act 38 of 1993 - 20 Verify source ↗
The following section is hereby substituted for section 8B of the Marine Traffic
The master or person in charge of a ship’s navigation commits an offence if the ship damages an offshore installation, enters a safety zone, anchors too close to a pipeline or telecommunications line, or bottom trawls too close while fishing.
20. The following section is hereby substituted for section 8B of the Marine Traffic Act, 1981: 20 “Offences in respect of offshore installations 8B. (1) (a) The master; or (b) any person on board a ship in charge of the navigation of such ship. shall be guilty of an offence if— (i) through his act or omission in connection with the navigation of the ship in question an offshore installation or any part thereof is I damaged; 25 (ii) the ship, except while rendering an emergency service or previously agreed service to the offshore installation in question, enters a safety zone, or drops or drags anchor nearer than 500 meters to a pipeline or a telecommunications line; or (iii) while engaged in fishing, the ship bottom trawls nearer than 500 meters to such a pipeline or telecommunications line. (~) No liabili~ ~ses in te~s of subsection (1) where the master or person on board the ship in charge of the navigation thereof acted for the purpose of securing the safety of the ship, any other ship or an offshore installation or of preventing damage to the ship, any other ship or the cargo thereof or an offshore installation. or of saving life, and such action was necessary for that purpose or was reasonable in the circumstances.”. Insertion of section 8C in Act 2 of 1981 - 21 Verify source ↗
The following section is hereby inserted in the Marine Traflic Act, 1981, after
The Minister may determine a safety zone.
21. The following section is hereby inserted in the Marine Traflic Act, 1981, after section 8B: 30 35 40 “Minister may determine safety zone - 8C Verify source ↗
Subject to compliance with Article 60(5) of the United Nations
The Minister may, subject to Article 60(5) of the UN Convention on the Law of the Sea, declare a specified area to be the safety zone for certain offshore installations other than pipelines.
8C. Subject to compliance with Article 60(5) of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 145 1982, the Minister may, in respect of an offshore &tallation referred to in paragraphs (a) and (b) of the definition of offshore installation (o&her than a pipeline), by notice in the Gazetre determine that the area specified in the notice shall be the safety zone for the offshore installation in question.”. 26 N(). 18130 GOVERNMENT G.4ZE’ITE. 18 JULY 1997 Act NO. 23, 1997 SHIPPING GENERAL AhlENDMENT ACT, 1997 Amendment of section 9 of Act 2 of 1981, as amended by section 9 of Act 5 of 1983 - 22 Verify source ↗
Section 9 of the Marine Traffic Act, 1981, is hereby amended by the substitution
This section amends section 9 of the Marine Traffic Act, 1981 by replacing “State Revenue Fund” with “National Revenue Fund” in subsection (5).
22. Section 9 of the Marine Traffic Act, 1981, is hereby amended by the substitution in subsection (5) for the expression “State Revenue Fund” of the expression “National Revenue Fund”. Substitution of section 11 of Act 2 of 1981, as amended by section 10 of Act 5 of 1983 and section 3 of Act 38 of 1993 5 - 23 Verify source ↗
The following section is hereby substituted for section 11 of the Marine Traffic
This section sets penalties for several Marine Traffic Act offences, lets the Director-General settle some cases administratively, and gives a limited right of appeal to the Minister.
23. The following section is hereby substituted for section 11 of the Marine Traffic Act. 1981: “Penalties “ 11. ~ Any person shall be liable on conviction of— (a) any offence [under] in terms of section 3(2). to a fine [not exceeding R5 000] or to imprisonment for a period not exceeding twelve months [or to both such fine and such imprisonment]: (b) any offence [under] in terms of section 4(2) or 5(4), to a fine [not exceeding R1O 000] or to imprisonment for a period not exceeding two years [or to both such fine and such imprisonment]; (c) any offence [under] in terms of section 6(2) or 7(3). to a fine [not exceeding R1 000] or to imprisonment for a period not exceeding three months [or to both such tine and such imprisonment]; (d) any offence [under] in terms of section 8B( 1 ), to a fine not exceeding R200 000, or to imprisonment for a period not exceeding [10] five years or to both such fine and such imprisonment. (2) If any person— (a) admits to the Director-General that he has contravened or failed to comply with any provision of this Act, which contravention or failure constitutes an offence; (b) agrees to abide by the decision of the Director-General; and (c) deposits with the Director-General such sum as that officer may require of him, but not exceeding the maximum fine which may be imposed upon a conviction for the contravention or failure in question, the Director-General may, after such enquiry as he deems necessary, determine the matter summarily and may, without legal proceedings. order the whole or any part of the said deposit to be forfeited by way of a tine. (3) There shall be a right of appeal to the Minister from a determination or order by the Director-General under subsection (2) whereby a fine exceeding R2 000 is imposed, provided such right is exercised within a period of three months from the date of such determination or order. (4) The imposition of a fine under subsection (2) shall be deemed not to be a conviction for an offence, but no prosecution in respect of the offence in question may thereafter be instituted.”. 10 15 20 25 30 35 40 Insertion of section 11A in Act 2 of 1981 - 24 Verify source ↗
The following section is hereby inserted in the Marine Traffic Act, 1981, after
This section treats offences under the Act as committed in the court area where the prosecution is brought, and gives magistrates’ courts jurisdiction to impose penalties under the Act.
24. The following section is hereby inserted in the Marine Traffic Act, 1981, after section 11: “Jurisdiction 11A. (1) Any offence in terms of this Act shall. for purposes in relation to ~ 45 jurisdiction of a court to try the offence. be deemed to have been committed 28 No. 18130 GOVERNMENT GAZETTE. 18 JULY 1997 Act No. 23.1997 SHIPPING GENERAL AMENDMENT ACT. 1997 within the area of jurisdiction of the court in which the prosecution is instituted. (2) Notwithstanding anything to the contrary in any law contained, a magistrates’ court shall have jurisdiction to impose any penalty prescribed by this Act.”. Amendment of section 14 of Act 2 of 1981 - 25 Verify source ↗
Section 14 of the Marine Traffic Act, 1981, is hereby amended—
The section amends the Marine Traffic Act to allow regulations about marine traffic, offshore installations, and navigation safety, and to penalize non-compliance with fines or imprisonment up to two years.
25. Section 14 of the Marine Traffic Act, 1981, is hereby amended— (u) by the substitution for paragraph (u) of the following paragraph: “(a) regulating marine traftic in the terntonal and internal waters, including the prescribing of ship reporting procedures. sea lanes and traffic separation schemes for ships in general or for any class of ship or for ships carrying nuclear or other dangerous or noxious substances;”; (b) by the insertion after paragraph (b) of the following paragraph: “(bA) prescribing measures to be taken on or in respect of offshore installations, including the equipment to be installed and main- tained thereon, in the interests of the safety of navigation:”; (c) by the substitution for the words following paragraph (d) of the following words: “and, in general, [as to all matters which he considers it necessary or exDedient to mwscribe in order that the purposes of this Act may be achieved] for-the better achievement of th~ objects of this Act.”: and (d) by the addition of the following subsection the existing section becoming subsection (1): “(2~ Regulations made under subsection (1) may— (a) prescribe for any contravention thereof or failure to comply therewith a penalty of a fine or imprisonment for a period not exceeding two years; (b) be applic~ble outside the Republic.”. Insertion of section 17A in Act 2 of 1981 - 26 Verify source ↗
The following section is hereby inserted in the Marine Traffic Act, 1981, after
This provision inserts a new section titled “Application of Act to Prince Edward Islands” into the Marine Traffic Act, 1981.
26. The following section is hereby inserted in the Marine Traffic Act, 1981, after section 17: “Application of Act to Prince Edward Islands - 17A Verify source ↗
This Act shall also apply to the Prince Edward Islands referred to in
This Act also applies to the Prince Edward Islands, and references to the Republic in this Act include those Islands.
17A. This Act shall also apply to the Prince Edward Islands referred to in section 1 of the Prince Edward Islands Act. 1948 (Act No. 43 of 1948), and any reference in this Act to the Republic shall include a reference to those Islands.”. Amendment of section 1 of Act 6 of 1981, as amended by section 1 of Act 9 of 1990 - 27 Verify source ↗
Section 1 of the Prevention and Combating of Pollution of the Sea by Oil Act,
This section amends several definitions in section 1 of the Pollution of the Sea by Oil Act.
27. Section 1 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981, is hereby arnended— 5 10 15 20 15 30 35 40 (a) by the substitution in subsection (1) for the definition of “area of the Republic” of the following definition: “ ‘area of the Republic’ includes the internal waters and the territorial waters [of the Republic];”; (b) by the substitution in subsection ( 1 ) for the definition of “discharge” of the 45 following definition: “ ‘discharge’. in relation to a harmful substance, means any release, howsoever caused, from a ship, a tanker or an offshore installation into a part of the sea which is a prohibited area. and includes any escape, disposal, spilling, leaking, pumping. emitting or emptying; and ‘dis- charge’, when used as a verb, has a corresponding meamng:”; 50 30 No 18130 GOVERNMENT GAZE_tTE. 18 JULY 1997 Act K(). 23, 1997 SHIPPING GENERAL AMENDMENT ACT. 1997 (c) by the insertion in subsection (1) after the definition of “discharge” of the following definitions: “ ‘exclusive economic zone” means the exclusive economic zone referred to in section 7 of the Maritime Zones Act, 1994 (Act No. 15 of 1994); ‘harmful substance’ means any substance which, if introduced into the sea, is likely to create a hazard to human health. harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea, and includes oil and any other substance subject to control by MARPOL 1973/78, and mixtures of such substances and water or any other substance;”; (d) by the insertion in subsection (1) after the definition of “incident” of the following definition: “ “ ‘internal waters’ includes the land between the high-water and low-water marks;”: (e) by the substitution in subsection (1) for the definition of “low-water mark” of the followinz definition: 5 1(I 15 “ ‘low--water mark’ means the low-water line as defined in section 1 of the Maritime Zones Act. 1994;”; ~) by the insertion in subsection (1) after the definition of “low-water mark” of 20 the following definitions: “ ‘Marine Pollution Acts’ means the Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No. 2 of 1986), including any instrument made thereunder, and this Act; ‘MARPOL 1973/78’ means the convention contained in the Schedule to 25 the Marine Pollution (Prevention of Pollution from Ships) Act. 1986:”: (g) by the substitution in subsection (1) for the definition of “Minister” of the following definition: “ ‘Minister’ means the Minister of Transport [Affairs]:”; (h) by the insertion in subsection (1) after the definition of “Minister’” of the 30 following definition: “ ‘National Revenue Fund’ means the National Revenue Fund estab- lished by section213 of the Constitution of the Republic of South Africa. 1996 (Act No. 108 of 1996):”; (i) by the deletion in subsection (1) of the definition of “natural oil”; (j) b~ the substitution in subsection (1) for the definition of “offshore 35 installation” of the following definition: “ ‘offshore installation’ means a facility situated wholly or partly within the prohibited area and which is used for the transfer of [oil] harmful substances from a ship or a tanker to a point on land or from a point on 40 land to a ship or tanker or from a bunkering vessel to a ship or a tanker, and includes any exploration or production platform situated within the prohibited area and used in prospecting for or the mining of natural oil:”: (k) by the substitution in subsection ( 1 ) for the definition of “oil” of the following definition: “ ‘oil’. in relation to— (a) a discharge of oil from a ship, a tanker or an oflkhore installation. means oil as defined in regulation 1 of Annex I to MARPOL 1973/78, and includes an oily mixture as defined in that regulation; and (b) loss or damage caused as contemplated in section 9( l)(a) where the discharge in question took place from a tanker. and for the purposes of section 13(l), means oil as defined in paragraph 5 of Article 1 of the Convention;”: 45 50 (/) by the substitution in subsection (1) for the definition of “owner”” of the 55 following definition: / “ ‘owner’. in relation to a ship or a tanker, means the person or persons registered as the owner of such ship or tanker or. in the absence of registration, the person or persons to whom such ship or tanker belongs. but, in relation to a ship or tanker belonging to a State which is operated 60 by a person registered as the ship’s or tanker’s operator, ‘owner” means the penon so registered;”: j? No. 18130 GOVERNMENT GAZETTE. 18 JUL}” 199- Act NO. 23, 1997 SHIPPING GENERAL AMENDMENT ACT. 1997 (m) by the substitution in subsection (1) for the definition of “prohibited area” of the following definition: ,. ‘ prohibited area’ means the internal waters, the territorial waters and the exclusive economic zone and, in relation to an offshore installation. includes the sea within the limits of the continental shelfi”; (n) by the deletion in subsection (1) of the definition of “State Revenue Fund”: (o) b; the deletion in subsection (1) of the definition of “territorial waters of the 5 Republic.”. Repeal of section 2 of Act 6 of 1981
Part
part of the sea which is a prohibited area. and includes any escape,
- 28 Verify source ↗
Section 2 of the Prevention and Combating of Pollution of the Sea by Oil Act. 10
This section repeals section 2 of the Prevention and Combating of Pollution of the Sea by Oil Act 10 of 1981.
28. Section 2 of the Prevention and Combating of Pollution of the Sea by Oil Act. 10 1981, is hereby repealed. - Amendment of section 3 of Act 6 of 1981 - 29 Verify source ↗
Section 3 of the Prevention and Combating of Pollution of the Sea by Oil Act.
This section amends section 3 of the 1981 Act by replacing references to “oil” with references to “any harmful substance,” “harmful substances,” and “a harmful substance” in subsections (1) to (3).
29. Section 3 of the Prevention and Combating of Pollution of the Sea by Oil Act. 1981. is herebv amended— (a) (b) (c) by tie substitution in subsection (1) for the word “oil” of the words “any 15 harmful substance”: by the substitution in subsection (2) for the word “oil” where it— (i) first appears of the words “any harmful substance”: and (ii) thereafter appears of the words “harmful substances”; and by the substitution in subsection (3) for the word “oil” of the word “a harmful 20 substance”. Substitution of section 4 of Act 6 of 1981 - 30 Verify source ↗
The following section is hereby substituted for section 4 of the Prevention and
The Minister may direct a ship or tanker’s master or owner to take steps to prevent pollution, including unloading, transferring, moving, or not moving cargo, and other specified actions.
30. The following section is hereby substituted for section 4 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981: “Powers of Minister to take steps to prevent pollution of sea where 25 harmful substance is being or is likely to be discharged 4. (1) If any [oil] harmful substance is being discharged or is in the opinion of the Minister likely to be discharged from a ship or a tanker. the Minister may. with a view to preventing the pollution or further pollution of the sea by such [oil] substance, require the master or the owner of such ship 30 or tanker or both such master and owner— (a) (i) to unload the [oil] harmful substance from the ship or tanker or [oil] any such substance from a specified part of the ship or tanker; (ii) to transfer [oil] any harmful substance from a specified part of the 35 ship or tanker to another specified part of the ship or tanker: (iii) to dispose of any [oil] harmful substance so unloaded or transferred, in such manner and within such period as the Minister may direct if he deems fit to do so: to move the ship or tanker or cause the ship or tanker to be moved to a place specified by the Minister; not to move the ship or tanker from a place specified by the Minister. except with the approval of the Minister and in accordance with the conditions subject to which such approval was granted; not to unload any cargo or [oil] harmful substance, or any cargo or [oil] harmful substance specified by the Minister. from the ship or tanker 40 45 (b) (c) (d) 34 No. 1s13[) GOVERX\lENT GAZETTE. IS JULY 1997 Act No. 23, 1997 SHIPPING GENERAL AMEND51ENT ACT. 1997 (e) W (g) (h) except with the approval of the Minister and in accordance with the conditions subject to which such approval was granted: to carry out such operations for the sinking or destruction of the ship or tanker, or any part thereof, or the destruction of the [oil on] harmful substances in the ship or tanker, or such quantity thereof. as the Minister may specify; to steer such course, while the ship or tanker is within the prohibited area, as the Minister may specify: to obtain the services of one or more suitable vessels to stand by such ship or tanker during a period determined by the Minister; to take such other steps in regard to the ship or tanker or its cargo or the [oil] harmful substances therein or both the ship or tanker and its cargo or the [oil] harmful substances therein as may be specified by the Minister, to prevent the discharge or further discharge of [oil] any such substance from the ship or tanker. (2) (a) If, in the opinion of the Minister, the master and the owner of the ship or tanker in question are or would be incapable of complying with a requirement made or contemplated in terms of subsection ( 1 ) or could not reasonably be expected to comply with such requirement, or the powers conferred upon the Minister [in terms OH @ subsection ( 1 ) are inadequate for the purpose contemplated in that subsection. the Minister may cause any such steps to be taken as he has power to require to be taken in terms of the said subsection. (b) Any reference in paragraph (a) to the power of the Minister to require steps to be taken [in terms ofl under subsection ( 1). includes a reference to the power of the Minister [in terms ofl under that subsection to require that a specified step be not taken. (c) If any person performs salvage operations in connection with a ship or tanker, any requirement of the Minister [in terms ofj under subsection (1) in connection with such ship or tanker or its cargo or [oil] the harmful substances therein shall also be made known to such salver. and any such requirement that a specified step be not taken shall thereafter, unless the Minister otherwise directs, also be binding upon such salver and any such requirement that a specified act be performed shall. unless the Minister otherwise directs, also be construed as a requirement [in terms ofj under that subsection and binding upon such salver that no steps be taken by such salver which would obstruct or be likely to obstruct the performance of the specified act. (3) If the owner of a ship or a tanker, in complying with a requirement of the Minister in terms of subsection ( 1), incurs any expenses and— (a) the discharge or likelihood of a discharge of the [oil] harmful substance in question was due wholly to the fault of the State: or (b) the discharge or likelihood of a discharge of the [oil] harmful substance in question was due partly to the fault of the State, the amount of such expenses, in the event contemplated in paragraph (a), or the applicable proportion of the amount of such expenses detemlined in accordance with the provisions of the Apportionment of Damages Act. 1956 (Act No. 34 of 1956). in the event contemplated in paragraph (b). shall become payable to the owner by the State. (4) The provisions of subsections (1)(a). (d). (g) and (h), (z)(a) and (b) and (3) shall mukzfis mutandis apply in respect of [oil] harmful substances discharged or, in the opinion of the Minister, likely to be discharged from an offshore installation.”. 5 10 15 20 25 30 35 40 45 50 Substitution of section 5 of Act 6 of 1981 - 31 Verify source ↗
The following section is hereby substituted for section 5 of the Prevention and
The Minister may order pollution-response measures and require people to supply goods or services for them, with payment based on cost rules.
31. The following section is hereby substituted for section 5 of the Prevention and 55 Combating of Pollution of the Sea by Oil Act. 1981: 36 No. 18130 GOVERNMEIW GAZETTE. 18 JULY 1997 Act !$0. 23.1997 SHIPPING GENERAL AMENDMENT ACT. ! 997 “Prevention or removal of pollution of sea by harmful substances 5.(1 ) If in the opinion of the Minister [oil] a harmful substance is likely to be discharged from a ship or a tanker, he may take such measures, including the destruction, burning or disposal in any other manner of [oil] the harmful substance in such ship or tanker, as he may deem fit to guard against or to prevent pollution of the sea by such [oil] harmful substance. (2) If any [oil] harmful substance is discharged from a ship or a tanker the Minister may cause any pollution of the sea caused thereby to be removed. (3) If the Minister takes measures [in terms ofl under subsection (1) or causes any pollution to be removed [in terms ofj under subsection (2), he may order any person who- (a) is capable of supplying any goods or services; or (b) is capable of manufacturing, producing. processing or treating any goods; or (c) is the owner of or has the power to dispose of or has in his possession or under his control any goods, or is a supplier of any service. which may be required for the purpose of such measures or the removal of such pollution, to supply or deliver or sell such goods or a specified quantity or number thereof, or to supply such service, to the Minister or a specified person, or to manufacture, produce, process or treat a specified quantity or number of such goods and to supply or deliver or sell it to the Minister or to a specified person, within a specified period and at a specified place, as the case may be. (4) Any person who has received an order under subsection (3) shall, ~ the absence of evidence to the contrary. be deemed to be capable of performing the act which he has been ordered to perform [ unless he proves that he is not so capable]. (5) In respect of any goods supplied, delivered, sold. manufactured. produced. processed or treated or any service supplied in terms of this section, the person concerned shall, when called upon to do so. declare and certify the cost to him of every item invoiced. in addition to stating the selling price, in the case of goods. and the amount of the compensation. in the case of a service, claimed by him. (6) The Minister may institute, through an independent chartered accountant designated by him for that purpose, a cost investigation in connection with any goods or service in respect of which an order has been issued [in terms ofj by him under subsection (3). (7) In every contract resulting from an order issued [in terms ofl under subsection (3), or from the acceptance, by or on behalf of the Minister, of an offer for the manufacture, production, processing, treating or supply of any goods or for the supply of any service, there shall be deemed to be incorporated a condition that the price or compensation stipulated by the seller or supplier concerned shall be subject to confirmation or adjustment by the Minister. (8) Every person who supplies any service. or supplies. delivers, sells. manufactures, produces, processes or treats any goods. in accordance with an order issued [in terms ofl under subsection (3). shall. in the absence of agreement, be paid by the Minister or the person concerned. as the case may be, compensation or a price equal to the amount of the cost to him of the supply of the service in question, or of the goods in question, or of the manufacture. production, processing or treating thereof, plus a percentage of such cost or an amount fixed in the notice in question. or. where the 5 10 15 20 25 30 35 40 45 50 38 N o . 18130 GOVERNhlENT GAZEITE. 18 JULY 1997 Act No. 23.1997 SHIPPING GENERAL ,AMESDMEN’T ACT. 1997 Minister has instituted a cost investigation in terms of subsection (6), the compensation or price detemlined by the Minister. (9) If the discharge or [likelihood of the] Q discharge [of the oil] in question relates to oil and was due— (a) wholly to the fault of the State, the owner of the ship or tanker in question shall not be liable [under] in terms of the provisions of section 9(1 )(b) for any expenditure incurred by the Minister by virtue of the provisions of this section; (b) partly to the fault of the State, the amount of any expenditure so incurred by the Minister and recoverable from the owner concerned in terms of the provisions of section 9(1)(b), shall be reduced to such extent as is just and equitable regard being had to the degree in which the State was ~ fault in relation to the discharge or likely discharge. ( 10) The provisions of this section. excluding the provisions of subsection ( l), shall mutatis mutandis apply in respect of a discharge of [oil] harmful substances from an offshore installation.”. 5 10 15 Amendment of section 6 of Act 6 of 1981 - 32 Verify source ↗
Section 6 of the Prevention and Combating of Pollution of the Sea by Oil Act.
This section amends section 6 of the Act by replacing the word “oil” with “a harmful substance”.
32. Section 6 of the Prevention and Combating of Pollution of the Sea by Oil Act. 1981, is hereby amended by the substitution for the word “oil” of the words “a harmful substance”, Z() Substitution of section 7 of Act 6 of 1981 - 33 Verify source ↗
The following section is hereby substituted for section 7 of the Prevention and
This section substitutes a new section 7 dealing with inspection of ships or tankers, records, and sampling harmful substances.
33. The following section is hereby substituted for section 7 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981: “Inspection of ship or tanker and of records, and taking samples of harmful substances 25 - 7 Verify source ↗
Any person authorized thereto by the Minister and any member of the
The Minister may authorize a person to board ships or tankers in the prohibited area, and authorized persons, police members, and defence force members may board and inspect them for Marine Pollution Acts compliance.
7. Any person authorized thereto by the Minister and any member of the South African Police Service or of the [police force of the South African Railways and Harbours Administration] South African National De- fence Force may goon board any ship or tanker in any part of the prohibited area to ascertain whether any document required by [this Act] the Marine Pollution Acts to be carried on board such ship or tanker is so carried on board or, if he has reasonable grounds for believing that any provision of [this Act] those Acts has been or is being contravened in connection with such ship or tanker, may so go on board and inspect such ship or tanker or any part or cargo thereof, inspect and make copies of any documents or records kept in respect of such ship or tanker or in respect of its cargo or [oil] the harmful substances on board thereof, take samples of any [oil] harmful substance on board such ship or tanker, take soundings of tanks, spaces and bilges and test any equipment on board such ship or tanker which is intended for use in preventing a discharge of [oil] harmful substances from such ship or tanker.”. Amendment of section 8 of Act 6 of 1981, as amended by section 2 of Act 9 of 1990 - 34 Verify source ↗
Section 8 of the Prevention and Combating of Pollution of the Sea by Oil Act.
Certain authorized persons may enter land, do necessary acts, and cross other land to inspect, investigate, or carry out pollution-removal work.
34. Section 8 of the Prevention and Combating of Pollution of the Sea by Oil Act. 1981. is hereby amended by the substitution in subsection ( 1 ) for the words preceding the proviso of the following words: “Any person or member referred to in section 7 and any other person authorized thereto by the Minister may enter upon any land with such workmen, machinery, vehicles, equipment, appliances, instruments and other articles, and mayperform all such acts thereon, as may be necessary for the purpose of complying with any provision of this Act, or for the purpose of making any enquiries or undertaking any 30 35 40 45 50 40 No, 18130 Act NO. 23, 1997 GOVERNhlENT GAZETTE. 18 JUL}’ 1997 SHIPPING GENERAL AMENDMENT ACT. 1997 investigations with a view to determining whether any pollution of the sea by [oil] a harmful substance has occurred and whether the removal of such pollution is feasible, or for the purpose of erecting camps or other temporary works which may be considered necessary in connection with the removal of such pollution [of the sea by oil], or for the purpose of ascertaining whether or not any provision of [this Act] the Marine Pollution Acts or condition imposed thereunder is being complied with, and may, for the purpose of gaining access to such land. enter upon and cross any other land with the said workmen, machinery, vehicles, equipment, appliances. instruments and other articles:”. Amendment of section 9 of Act 6 of 1981 - 35 Verify source ↗
Section 9 of the Prevention and Combating of Pollution of the Sea by Oil Act,
This section amends section 9 of the Sea by Oil Act to change who is liable and how compensation for coastal bird rescue costs is calculated.
35. Section 9 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981, is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (u) of the following words: “Subject to the provisions of this Act. the owner of any ship. tanker or offshore installation at the time of the incident. or, where the incident consists of a series of occurrences. at the time of the first such occurrence shall be liable for—”; and . . (b) by the substitution for subparagraph (ii) of paragraph (b) of subsection (2) of the following subparagraph: “(ii) an amount deemed by the Director-General to be sufficient to compensate the South African National Foundation for the Conser- vation of Coastal Birds, an organization registered [under] in terms ~f the National Welfare Act, [1965 (Act No. 79 of 1965)] 1978 (Act No. 100 of 1978), as a welfare organization, or any similar organization approved by the Minister, for expenses incurred in rescuing, conveying, treating, feeding. cleaning and rehabilitating coastal birds polluted by oil discharged from the ship. tanker or offshore installation in question.”. Amendment of section 10 of Act 6 of 1981 - 36 Verify source ↗
Section 10 of the Prevention and Combating of Pollution of the Sea by Oil Act.
This provision amends section 10 by replacing references to “oil” with “a harmful substance” or “harmful substances” in subsections (5) and (6).
36. Section 10 of the Prevention and Combating of Pollution of the Sea by Oil Act. 1981, is hereby amended— (a) (b) by the substitution in subsection (5) for the word “oil” where it— (i) first appears of the words “a harmful substance”; and (ii) thereafter appears of the words “harmful substances”; and by the substitution in subsection (6) for the word “oil” of the words “a harmful substance”. Amendment of section 20 of Act 6 of 1981, as amended by section 1 of Act 63 of 1987 - 37 Verify source ↗
Section 20 of the Prevention and Combating of Pollution of the Sea by Oil Act.
This section amends section 20 so that, for court-jurisdiction purposes, an offence under the Act is treated as committed in the court’s jurisdiction where the prosecution is brought.
37. Section 20 of the Prevention and Combating of Pollution of the Sea by Oil Act. 1981, is hereby amended by the substitution for subsection (4) of the following subsection: “(4) Any offence [under] in terms of this Act shall. for purposes in relation to jurisdiction of a court to try the offence, be deemed to have been committed [at any place where the accused happens to be] within the area of jurisdiction of the court in which the prosecution is instituted.”. Substitution of section 21 of Act 6 of 1981 5 10 15 20 25 30 35 40 45 - 38 Verify source ↗
The following section is hereby substituted for section 21 of the Prevention and
No person may do the listed ship or tanker activities in the prohibited area unless the Minister gives permission and the Act is followed.
38. The following section is hereby substituted for section 21 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981: , “Minister’s permission required for transfer of certain harmful substances or for certain other acts in respect of ships or tankers 50 21. (1) No person shall— ~: No. 18130 Act NO. 23, 1997 GOVERNMENT GAZE’tTE. 18 JLTLY 1997 SHIPPING GENERAL AN! ENDMEYT ACT. 1997 (a) outside any harbour [as defined in section l(l) of the Railways and Harbours Control and Management (Consolidation) Act, 1957 (Act No. 70 of 1957)] of whic~ Transnet Limited has k )ecome the owner in terms of section 3 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989). or a fishing harbour as defined in section 1 of the Sea [1 Fisheries Act, 1973 (Act No. 58 of 1973)] Fishery Act, 1988 (Act No. 12 of 1988): and within the prohibited area. render any ship having oil or any other prescribed harmful substance on board (whether as cargo or otherwise), or any tanker. incapable of sailing or manoeuvring under its own power: (b) within the prohibited area transfer any oil or other prescribed harmful substance from any ship or tanker to any other ship or tanker or to an offshore installation or from such offshore installation to any ship or tanker. 5 10 except with the permission of the Minister and in accordance with the provisions of this Act. 15 (2) In gi~ring his permission for the performance of any act referred to in subsection ( 1), the Minister may impose any conditions subject to which such act shall be performed. and such conditions may include the obligation to obtain the services of one or more tugs. sp:a~ boats or other vessels to stand by during a period determined by the Mu-us ter.”. Amendment of section 25 of Act 6 of 1981 - 39 Verify source ↗
Section 25 of the Prevention and Combating of Pollution of the Sea bv Oil Act.
This section amends section 25 by substituting wording in subsection (2): the first appearance of “oil” becomes “a harmful substance,” and later appearances become “harmful substance.”
39. Section 25 of the Prevention and Combating of Pollution of the Sea bv Oil Act. 1981, is hereby amended by the substitution in subsection (2) for the word “~il” where it— (a) first appears of the words “a harmful substance”: and (b) thereafter appears of the words “harmful substance”. Amendment of section 26 of Act 6 of 1981, as substituted by section 3 of Act 9 of 1990 - 40 Verify source ↗
Section 26 of the Prevention and Combating of Pollution of the Sea by Oil Act.
This section amends section 26 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981 by replacing references to “oil” with “a harmful substance” or “harmful substances” in specified places.
40. Section 26 of the Prevention and Combating of Pollution of the Sea by Oil Act. 1981. is hereby amended— (a) by the substitution in paragraph (d) of subsection (1) for the word “oil” of the words “a harmful substance”; (b) by the substitution in paragraph (a) of subsection (2) for the word “oil” of the words “harmful substances”; Z() 25 30 35 (c) by the substitution in paragraph (b) of subsection (2) for the word “oil” of the words “harmful substances”: (d) by the substitution in paragraph (d) of subsection (2) for the word “oil” of the words “harmful substances”: (e) by the substitution in paragraph (~) of subsection (2) for the word “oil” of the 40 words “’harmful substances”: and (f) by the substitution in subsection (2) in the words following paragraph (h) for the word “oil” of the words “harmful substances”. Amendment of section 27 of Act 6 of 1981, as amended by section 4 of Act 9 of 1990 - 41 Verify source ↗
Section 27 of the Prevention and Combating of Pollution of the Sea by Oil Act,
The Minister may take steps to remove or prevent sea pollution by harmful substances outside the prohibited area, so long as those steps do not conflict with the Marine Pollution (Intervention) Act, 1987.
41. Section 27 of the Prevention and Combating of Pollution of the Sea by Oil Act, 45 1981. is hereby amended— (a) by the substitution in subsection (4) for the word “oil” of the words “harmful substances”; and (b) bv the substitution for subsection (6) of the following subsection: “(6) The Minister may cause steps not in conflict with the provisions of the Marine Pollution (Intervention) Act. 1987 (Act No. 64 of 1987), to be taken to remove or prevent pollution of the sea by [oil] harmful substances outside the prohibited area in such circumstances and on such conditions as he may deem fit.”. 50 44 No. 18130 GOVERNMENT GAZE’ITE. 18 JULY 1997 Act NO. 23, 1997 SHIPPING GENERAL AMENDMENT ACT, 1997 Amendment of section 28 of Act 6 of 1981 - 42 Verify source ↗
Section 28 of the Prevention and Combating of Pollution of the Sea by Oil Act,
This section amends section 28 and says regulations under it may set penalties and may apply outside the Republic.
42. Section 28 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981, is hereby amended— (a) by the substitution in paragraph (b) of subsection (1) for the word “oil” where it— (i) first appears of the words “harmful substances”; and (ii) thereafter appears of the words “any such substance”; (b) by the substitution in paragraph (c)of subsection(1) for the word “oil” of the words “harmful substances”; and (c) by the substitution for subsection (2) of the following subsection: “(2) Regulations made under subsection (1) may— 5 10 @ prescribe, for any contravention thereof or failure to comply therewith, penalties not exceeding the penalties prescribed in section 30(2)(a); (b) be applicable outside the Republic.”. Amendment of section 30 of Act 6 of 1981, as amended by section 2 of Act 63 of 1987 and section 5 of Act 9 of 1990 15 - 43 Verify source ↗
Section 30 of the Prevention and Combating of Pollution of the Sea by Oil Act.
This section amends section 30 of the Act, including higher fines and a revised appeal rule.
43. Section 30 of the Prevention and Combating of Pollution of the Sea by Oil Act. 1981. is hereby amended— (a) by the substirittion in paragraph (a) of subsection (2) for the expression “R1O 000” of the expression “R25 000”: (b) by the substitution in paragraph (b) of subsection (2) for the expression “R20 000” of the expression “R50 000”; (c) by the substitution in paragraph (c) of subsection (2) for the expression “R40 000’- of the expression “R90 000’”; (d) by the substitution for paragraph (d) of subsection (2) of the following paragraph: “(d) section [2(1) or] 13(6) or subsection (1 )(b)(i) or [(b)] (ii). shall be liable to a fine not exceeding [R200 000] R500 000 or to imprison- ment for a period not exceeding five years or to both such fine and such imprisonment.’-; and (e) by the substitution for subsection (4) of the following subsection: “(4) There shall be a right of appeal to the Minister [whose decision shall be final] from a determination or order of the Director-General under subsection (3) whereby a penalty exceeding [R500] R2 000 is imposed. provided such right is exercised within a period of three months from the date of such determination or order, ‘“. Insertion of section 30A in Act 6 of 1981 - 44 Verify source ↗
The following section is hereby inserted in the Prevention and Combating of
This section inserts a new section about applying the Act to the Prince Edward Islands.
44. The following section is hereby inserted in the Prevention and Combating of Pollution of the Sea by Oil Act. 1981, after section 30: “Application of Act to Prince Edward Islands - 30A Verify source ↗
This Act shall also apply to the Prince Edward Islands referred to in
This Act also applies to the Prince Edward Islands, and references to the Republic in the Act include those Islands.
30A. This Act shall also apply to the Prince Edward Islands referred to in section 1 of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948), and any reference in this Act to the Republic shall include a reference to those Islands.”. Substitution of section 32 of Act 6 of 1981 - 45 Verify source ↗
The following section is hereby substituted for section 32 of the Prevention and
This section says a new section is substituted for section 32 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981.
45. The following section is hereby substituted for section 32 of the Prevention and Combating of Pollution of the Sea by Oil Act. 1981: 40 45 “Short title - 32 Verify source ↗
This Act shall be called the [Prevention and Combating of
This provision gives the State President power to set the Act’s commencement date by proclamation in the Gazette.
32. This Act shall be called the [Prevention and Combating of Pollution of the Sea by Oil Act] Marine Pollution (Control and Civil Liabilitv) Act. 1981 [and shall come into operation on a date tixed by the State President by proclamation in the Gazette].”. 50 46 No. 18130 GOVERNMENT GAZETTE. 18 JULY 1997 Act NO. 23, 1997 SHIPPING GENERAL AMENDMENT ACT. 1997 Substitution of certain expressions in Act 6 of 1981 - 46 Verify source ↗
The Prevention and Combating of Pollution of the Sea by Oil Act, 1981, is hereby
This section amends the Act by replacing two expressions wherever they appear.
46. The Prevention and Combating of Pollution of the Sea by Oil Act, 1981, is hereby amended by the substitution for the expressions “State Revenue Fund” and “temtorial waters of the Republic”, wherever they occur, of the expressions “National Revenue Fund” and “territorial waters”, respectively. 5 Substitution of long title of Act 6 of 1981 - 47 Verify source ↗
The following long title is hereby substituted for the long title of the Prevention
This section replaces the long title of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981.
47. The following long title is hereby substituted for the long title of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981: “ACT To provide for the protection of the marine environment from pollution by oil and 10 other harmful substances. and for that purpose to provide for the prevention and combating of pollution of the sea by oil and other harmful substances; to determine liability in certain respects for 10SS or damage caused by the discharge of oil from ships, tankers [or] and offshore installations; and to provide for matters connected therewith.”. 15 Insertion of section 2A in Act 1 of 1986 - 48 Verify source ↗
The following section is hereby inserted in the Carriage of Goods by Sea Act.
This section sets how certain amounts are converted into South African currency and allows Treasury certificates about the exchange rate to count as proof.
48. The following section is hereby inserted in the Carriage of Goods by Sea Act. 1986. after section 2: “Units of account and conversion 2A. (1) The amounts mentioned in paragraph 5(a) of Article IV of the Rules shall be converted into South African currency on the basis of the value of such currency on the date of the judgment or the date aaweed upon by the parties. (2) For the purpose of converting from special drawing rights into South African currency the amounts mentioned in paragraph 5(u) of Article IV of the Rules in respect of which a judgment is given, one special drawing right shall be treated as equal to such a sum in South African currency as the International Monetary Fund have fixed as being the equivalent of one special drawing right for— (a) the day on which the judgment is given: or (b) if no sum has been so fixed for that day, the last day before that day for which a sum has been so fixed. (3) A certificate given by or on behalf of the Treasury stating— (a) that a particular sum in South African currency has been so fixed for a particular day; or (b) that no sum has been so fixed for that day and that a particular sum in South African currency has been so fixed for a day which is the last day for which a sum has been so fixed before the particular day, shall be prima facie proof of those matters for the purposes of Article IV of the Rules; and a document purporting to be such a certificate shall. in any proceedings, be admissible in evidence and, in the absence of evidence to the contrary . be deemed to be such a certificate.”. Insertion of section 3A in Act 1 of 1986 - 49 Verify source ↗
The following section is hereby inserted in the Carriage of Goods by Sea Act,
This section inserts a new provision about how the Act applies to the Prince Edward Islands.
49. The following section is hereby inserted in the Carriage of Goods by Sea Act, 1986. after section 3: “Application of Act to Prince Edward Islands - 3A Verify source ↗
This Act shall also apply to the Prince Edward Islands referred to in
This provision extends the Act to the Prince Edward Islands and says references to the Republic include those islands.
3A. This Act shall also apply to the Prince Edward Islands referred to in sec=n 1 of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948). and ~o 25 30 35 40 45 4X No. 18130 GOVERNMENT GAZETTE. 18 JULY 1997 Act NO. 23.1997 SHIPPING GENERAL AMEYDhfE\’T ACT. 1997 any reference in this Act to the Republic shall include a reference to those islands.”. Amendment of Schedule to Act 1 of 1986 - 50 Verify source ↗
The Schedule to the Carriage of Goods by Sea Act, 1986, is hereby amended to the
This section amends the Schedule to the Carriage of Goods by Sea Act, 1986, as set out in Schedule 1.
50. The Schedule to the Carriage of Goods by Sea Act, 1986, is hereby amended to the extent indicated in Schedule 1, Amendment of section 1 of Act 64 of 1987 - 51 Verify source ↗
Section 1 of the International Convention Relating to Intervention on the High
This section amends section 1 by changing the definition of “Convention,” deleting the definition of “Minister,” and adding a definition of “Protocol.”
51. Section 1 of the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Act, 1987, is hereby amended— (a) by the substitution for the definition of “Convention” of the following definition: 5 10 “ ‘Convention’ means the International Convention Relating to Interven- tion on the High Seas in Cases of Oil Pollution Casualties done at Brussels on 29 November 1969, the English text of which is set forth in Schedule 1 ;“; (b) by the deletion of the definition of “Minister”: and (c) by the insertion before the definition of ‘breguiation” of the following 15 definition: “ ‘Protocol’ means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil done at London on 2 November 1973, the English text of which is set forth in Schedule 2. as modified by any amendment made under Article III of that Protocol that has entered into force for the Republic:”. 20 Substitution of section 2 of Act 64 of 1987
Part
Schedule 2. as modified by any amendment made under Article III of that
- 52 Verify source ↗
The following section is hereby substituted for section 2 of the International
This section makes the Convention and Protocol law in the Republic and requires the Minister to update Schedule 2 by Gazette notice after any Protocol amendment takes effect for the Republic.
52. The following section is hereby substituted for section 2 of the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Act, 1987: 25 “Application and interpretation of Convention and Protocol 2. (I) Subject to the provisions of this Act, the Convention and Protocol shall have the force of law in the Republic. (2) The Minister shall, as soon as practicable after any amendment of the Protocol has entered into force for the Republic. by notice in the Gazette amend Schedule 2 to reflect such amendment. (3) Unless the context indicates otherwise, a reference in the Convention and Protocol to a State or State Party shall, in relation to the Republic, be construed as a reference to the Minister of Transport or any officer of the Department of Transport acting on the authority of that Minister. and any reference to a Party shall be construed accordingly. (4) The English text of the Convention and Protocol shall prevail in the event of conflict between the English and Afrikaans texts.”. Substitution of section 3 of Act 64 of 1987 - 53 Verify source ↗
The following section is hereby substituted for section 3 of the International
The Minister of Transport may make regulations to carry out and give effect to the Convention and Protocol and to better achieve the Act’s objects.
53. The following section is hereby substituted for section 3 of the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Act, 1987: 30 35 40 “Regulations 3. (1) The Minister of Transport may make regulations relating to the 45 carrying out of, and giving effect to, the provisions of the Convention and so No. 18130 GOVERNMENT GAZE_tl13. 18 JULY 1997 Act fiO. 23, 1997 SHIPPING GENERAL AMENDMENT ACT, 1997 Protocol, and generally for the better achievement of the objects of this Act. (2) Regulations made under subsection (1) may— (a) prescribe. for any contravention thereof or failure to comply there- with. penalties of a fine not exceeding R500 000, or imprisonment for a period not exceeding five years, or such fine as well as such imprisonment; (b) be applicable outside the Republic.”. Amendment of section 4 of Act 64 of 1987 - 54 Verify source ↗
Section 4 of the International Convention Relating to Intervention on the High
This section amends section 4 so that, for court jurisdiction, an offence under the Act is treated as committed in the area where the prosecution is brought.
54. Section 4 of the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Act, 1987, is hereby amended by the substitution for subsection ( 1 ) of the following subsection: “(1 ) Any offence in terms of this Act shall, for purposes in relation to jurisdiction of a court to try the offence, be deemed to have been committed within the area of jurisdiction of the court in which the prosecution is instituted.”. Insertion of section 4A in Act 64 of 1987 - 55 Verify source ↗
The following section is hereby inserted in the International Convention Relating
This provision inserts a new section titled “Application of Act to Prince Edward Islands” after section 4.
55. The following section is hereby inserted in the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Act, 1987, after section 4: “Application of Act to Prince Edward Islands - 4A Verify source ↗
This Act shall also apply to the Prince Edward Islands referred to in
This provision says the Act also applies to the Prince Edward Islands, and references to the Republic include those Islands.
4A. This Act shall also apply to the Prince Edward Islands referred to in sec=n 1 of the Prince Edward Islands Act. 1948 (Act No. 43 of 1948). and any reference in this Act to the Republic shall include a reference to those Islands.”. Substitution of section 5 of Act 64 of 1987 - 56 Verify source ↗
The following section is hereby substituted for section 5 of the International
This section says that section 5 of the named Act is substituted with new text.
56. The following section is hereby substituted for section 5 of the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Act. 1987: “Short title 5 10 15 20 25 - 5 Verify source ↗
This Act shall be called the [International Convention Relating to
This section gives the Act its short title: Marine Pollution (Intervention) Act, 1987.
5. This Act shall be called the [International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Act] Marine Pollution (Intervention) Act, 1987.”, 30 Addition of Schedule to Act 64 of 1987 - 57 Verify source ↗
The International Convention Relating to Intervention on the High Seas in Cases
This section amends the Act by adding a 1973 marine pollution protocol as Schedule 2 and renumbering the existing schedule as Schedule 1.
57. The International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Act, 1987, is hereby amended by the addition of the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil 1973, as amendedbyMEPC.49(31), set forth in Schedule 2, as Schedule 2 to the Act, the existing Schedule becoming Schedule 1. 35 Substitution of long title of Act 64 of 1987 - 58 Verify source ↗
The following long title is hereby substituted for the long title of the International
This section replaces the long title of the named 1987 Act with a new long title about giving effect to the International Convention on intervention at sea in oil pollution casualties and the related protocol on marine pollution by other substances.
58. The following long title is hereby substituted for the long title of the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Act, 1987: 40 “ACT To [provide for the application in the Republic ofj give effect to the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, and to the Protocol Relating to Intervention on the High Seas in Cases 45 52 No. 18130 GOVERNMENT GAZETTE. 18 JULY 1997 Act No. 23, 1997 S HI PPING G E N E R A L A M E N D M E N T Aff. 1997 of Marine Pollution by Substances Other than Oil 1973; and to provide for matters incidental thereto.”. Amendment of section 1 of Act 15 of 1994, as amended by section 3 of Act 74 of 1995 - 59 Verify source ↗
Section 1 of the Maritime Zones Act, 1994, is hereby amended by the substitution
This section amends the definition of “installation” in section 1 of the Maritime Zones Act, 1994.
59. Section 1 of the Maritime Zones Act, 1994, is hereby amended by the substitution for paragraph (jj of the definition of “installation” of the following paragraph: 5 “(/7 Any [area situated within a distance of 500 metres measured from any point on the exterior side of an installation referred to in paragraph (a) or (b) other than a pipeline] safety zone as defined in section 1 of the Marine Traffic Act, 1981 (Act No. 2 of 1981).”. Short title and commencemen~ 10 - 60 Verify source ↗
This Act shall be called the Shipping General Amendment Act, 1997, and shall
This Act starts on a date set by the President through a Gazette proclamation.
60. This Act shall be called the Shipping General Amendment Act, 1997, and shall come into operation on a date fixed by the President by proclamation in the Gazette. 54 No. 18130 GOVERNMENT GAZETTE. 18 JULY 1997 .4ct No. 23.1997 SHIPPING GENERAL AhIENDivlENT ACT. 1997 Schedule 1 (Section 50) AMENDMENT OF THE SCHEDULE TO THE CARRIAGE OF GOODS BY SEA ACT, 1986: PROTOCOL OF 1979 TO AMEND THE INTERNATIONAL CONVEN- TION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO 5 BILLS OF LADING 1924, AS AMENDED BY THE PROTOCOL OF 1968 Definition
Part
Schedule 1
- 1 Verify source ↗
In this Schedule “the Rultx’s means the Hague Rules as amended by the Brussels
This Schedule defines “the Rultx’s” as the Hague Rules as amended by the Brussels Protocol of 1968 and as contained in the Schedule to the Carriage of Goods by Sea Act 1986.
1. In this Schedule “the Rultx’s means the Hague Rules as amended by the Brussels Protocol of 1968, as contained in the Schedule to the Carriage of Goods by Sea Act. 1986 (Act No. 1 of 1986). 10 Amendment of Article IV of Rules - 2 Verify source ↗
Article IV of the Rules is hereby amended—
The carrier and ship have a liability cap for cargo loss or damage unless the shipper declared the goods’ nature and value before shipment and included them in the bill of lading.
2. Article IV of the Rules is hereby amended— (a) by the substitution for subparagraph (a) of paragraph 5 of the following subparagraph: “(a) Unless the nature and value of such goods have been declared by the 15 shipper before shipment and inserted in the bill of lading. neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding [the equivalent of 10000 francs] 666.67 units of account per package or unit or [30 francs per kilo] two units of 20 account per kilogramme of gross weight of the goods lost or damaged. whichever is the higher.’”; and (b) by the substitution for subparagraph (d) of paragraph 5 of the following subparagraph: “(d) The unit of account mentioned in this Article is the Special Drawing 25 Right as defined by the International Monetary Fund. The amounts mentioned in sub-paragraph (a) of this paragraph shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the Court seized of the case.”. Schedule 2 (Section 57) ADDITION OF SCHEDULE 2 TO THE MARINE POLLUTION (INTERVENTION) ACT. 1987: PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINE POLLUTION BY SUBSTANCES OTHER THAN OIL 1973, AS AMENDED BYMEPC.49(31 ) “Schedule 2 PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINE POLLUTION BY SUBSTANCES OTHER THAN OIL 1973’ Note: The present text incorporates the original text as amended by the following: Amendments 1991 (Annex) amendments (MEPC.49(31 )) Date of entn into force
Part
Schedule 2
- 14 Verify source ↗
July 1992
This section identifies the parties to a protocol connected to an international convention on intervention on the high seas in cases of oil pollution casualties.
14 July 1992 The Parties to the present Protocol, Being Parties to the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, done at Brussels on 29 November 1969, 30 35 40 45 - 1 Verify source ↗
The Pro[ocol entered into force cm 30 March 1983
This text is mainly a heading and introductory recital; it does not set out a clear operative rule in the excerpt.
1. The Pro[ocol entered into force cm 30 March 1983 56 No. 18130 GOVER.NMEN’T GAZETTE. 1 S JULY 199? Act No. 23, 1997 SHIPPING GENERAL ,AMENDN!ENT ACT. 1997 Taking into accounf the Resolution on International Co-operation Concerning Pollutants other than Oil adopted by the International Legal Conference on Marine Pollution Damage, 1969. Furfher taking into accounr that pursuant to the Resolution, the lnter-Govemmental Maritime Consultative Organizationz has intensified its work, in collaboration with all interested international organizations, on all aspects of pollution by substances other than oil, 5 Have agreed as follows:— ARTICLE I - 1 Verify source ↗
Parties to the present Protocol may take such measures on the high seas as maybe 10
Parties to the Protocol may take necessary measures on the high seas to prevent, mitigate, or eliminate grave and imminent danger from pollution or threat of pollution by substances other than oil.
1. Parties to the present Protocol may take such measures on the high seas as maybe 10 necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution by substances other than oil following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences. 2. ‘Substances other than oil’ as referred to in paragraph 1 shall be— 15 (a) those substances enumerated in a list which shall be established by an appropriate body designated by the Organization and which shall be annexed to the present Protocol, and (b) those other substances which are liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with 20 other legitimate uses of the sea. - 3 Verify source ↗
Whenever an intervening Party takes action with regard to a substance referred to
An intervening Party that acts with regard to a substance in paragraph 2(b) must prove the substance could reasonably pose a grave and imminent danger like the 25 listed substances.
3. Whenever an intervening Party takes action with regard to a substance referred to in paragraph 2(b) above that Party shall have the burden of establishing that the substances, under the circumstances present at the time of the intervention. could reasonably pose a grave and imminent danger analogous to that posed by any of the 25 substances enumerated in the list referred to in paragraph 2(a) above. ARTICLE 11 - 1 Verify source ↗
The provisions of paragraph 2 of Article I and of Articles H to VIII of the
The listed Convention provisions and Annex apply to the substances referred to in Article I of the Protocol, as they relate to oil.
1. The provisions of paragraph 2 of Article I and of Articles H to VIII of the Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969, and the Annex thereto as they relate to oil. shall be applicable with 30 regard to the substances referred to in ~icle I of the present Protocol. - 2 Verify source ↗
For the purpose of the present Protocol the list of experts referred to in Articles
The Protocol extends the expert list to include experts on substances other than oil, and allows Member States of the Organization and Parties to the Protocol to make nominations.
2. For the purpose of the present Protocol the list of experts referred to in Articles III(c) and IV of the Convention shall be extended to include experts qualified to give advice in relation to substances other than oil. Nominations to the list may be made by Member States of the Organization and by Parties to the present Protocol. 35 ARTICLE III - 1 Verify source ↗
The list referred to in paragraph 2(a) of Article I shall be maintained by the
The designated body must maintain the list mentioned in Article I, paragraph 2(a).
1. The list referred to in paragraph 2(a) of Article I shall be maintained by the appropriate body designated by the Organization. - 2 Verify source ↗
Any amendment to the list proposed by a Party to the present Protocol shall be
An amendment proposed by a Party must be submitted to the Organization, and the Organization must circulate it to all Members and all Parties at least three months before it is considered.
2. Any amendment to the list proposed by a Party to the present Protocol shall be submitted to the Organization and circulated by it to all Members of the Organization 40 and all Parties to the present Protocol at least three months prior to its consideration by the appropriate body. - 3 Verify source ↗
Parties to the present Protocol whether or not Members of the Organization shall be
Parties to the Protocol, whether or not they are Members of the Organization, are entitled to participate in proceedings of the appropriate body.
3. Parties to the present Protocol whether or not Members of the Organization shall be entitled to participate in the proceedings of the appropriate body. - 4 Verify source ↗
Amendments shall be adopted by a two-thirds majority of only the Parties to the 45
Amendments must be adopted by a two-thirds majority of the Parties present and voting.
4. Amendments shall be adopted by a two-thirds majority of only the Parties to the 45 present Protocol present and voting. - 5 Verify source ↗
If adopted in accordance with paragraph 4 above. the amendment shall be
If the amendment is adopted under paragraph 4, the Organization must communicate it to all Parties for acceptance.
5. If adopted in accordance with paragraph 4 above. the amendment shall be communicated by the Organization to all Parties to the present Protocol for acceptance. - 6 Verify source ↗
The amendment shall be deemed to have been accepted at the end of a peciod of six
The amendment is treated as accepted six months after it is communicated, unless an objection is made within that period.
6. The amendment shall be deemed to have been accepted at the end of a peciod of six months after it has been communicated, unless within that period an objection to the 50 - 2 Verify source ↗
The name of the Organization was changed m the ‘Intematlcmal N’tariume Or:amza[lon (lMO )’ b>
The provision states that the Organization’s name was changed because of amendments to its Convention.
2. The name of the Organization was changed m the ‘Intematlcmal N’tariume Or:amza[lon (lMO )’ b> virtue 01 amendments to {he Orymlza[ion’s ConventIon which entered into force on 22 May 1982. 58 No. 18130 GOVERNMENT GAZETTE. 18 JULY 1997 Act NO. 23, 1997 SHIPPING GENERAL AMENDMENT ACT, 1997 amendment has been communicated to the Organization by not less than one-third of the Parties to the present Protocol. - 7 Verify source ↗
An amendment deemed to have been accepted in accordance with paragraph 6
An accepted amendment enters into force three months after acceptance, except for Parties that declared non-acceptance before that date.
7. An amendment deemed to have been accepted in accordance with paragraph 6 above shall enter into force three months after its acceptance for all Parties to the present Protocol, with the exception of those which before that date have made a declaration of non-acceptance of the said amendment. ARTICLE IV - 1 Verify source ↗
The present Protocol shall be open for signature by the States which have signed the
The Protocol is open for signature by certain States during the stated period.
1. The present Protocol shall be open for signature by the States which have signed the Convention referred to in Article 11 or acceded thereto, and by any State invited to be represented at the IntemationaL Conference of Marine Pollution 1973. The Protocol shall remain open for signature from 15 January 1974 until 31 December 1974 at the Headquarters of the Organization. - 2 Verify source ↗
Subject to paragraph 4 of this Article, the present Protocol shall be subject to
States that signed the Protocol must ratify, accept, or approve it, subject to paragraph 4.
2. Subject to paragraph 4 of this Article, the present Protocol shall be subject to ratification, acceptance or approval by the States which have signed it. 5 10 - 3 Verify source ↗
Subject to paragraph 4. this Protocol shall be open for accession by States which
States that did not sign the Protocol may accede to it, subject to paragraph 4.
3. Subject to paragraph 4. this Protocol shall be open for accession by States which 15 did not sign it. - 4 Verify source ↗
The present Protocol may be ratified. accepted, approved or acceded to only by
Only States that have already ratified, accepted, approved, or acceded to the Convention in Article II may ratify, accept, approve, or accede to this Protocol.
4. The present Protocol may be ratified. accepted, approved or acceded to only by States which have ratified. accepted. approved or acceded to the Convention referred to in Article II. ARTICLE V - 1 Verify source ↗
Ratification. acceptance, approval or accession shall be effected by the deposit of a
Acceptance, approval, or accession is carried out by depositing a formal instrument with the Secretary-General of the Organization.
1. Ratification. acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary-General of the Organization. - 2 Verify source ↗
Any ins~ment of ratification, acceptance, approval or accession deposited after
Late ratification, acceptance, approval, or accession is treated as applying to the Protocol as amended.
2. Any ins~ment of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the present Protocol with respect to all existing Parties or after the completion of all measures required for the entry into force of the amendment with respect to all existing Parties shall be deemed to apply to the Protocol as modified by the amendment. ARTICLE VI - 1 Verify source ↗
The present Protocol shall enter into force on the ninetieth day following the date
The Protocol enters into force 90 days after fifteen States have deposited the required instruments, but not before the Convention in Article II is in force.
1. The present Protocol shall enter into force on the ninetieth day following the date on which fifteen States have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organization, provided however that the present Protocol shall not enter into force before the Convention referred to in Article II has entered into force.~ - 2 Verify source ↗
For each State which subsequently ratifies, accepts, approves or accedes to it, the
The Protocol enters into force for a State on the 90th day after that State deposits the appropriate instrument, if the State later ratifies, accepts, approves, or accedes to it.
2. For each State which subsequently ratifies, accepts, approves or accedes to it, the present Protocol shall enter into force on the ninetieth day after the deposit by such State of the appropriate instrument. ARTICLE VII - 1 Verify source ↗
The present Protocol may be denounced by any Party at any time after the date on
Any Party may denounce the Protocol, but only after it has entered into force for that Party.
1. The present Protocol may be denounced by any Party at any time after the date on which the Protocol enters into force for that Party. - 2 Verify source ↗
Denunciation shall be effected by the deposit of an instrument to that effect with the
Denunciation is effected by depositing an instrument with the Secretary-General of the Organization.
2. Denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General of the Organization. - 3 Verify source ↗
Denunciation shall take effect one year, or such longer period as maybe specified
A denunciation takes effect one year after deposit with the Secretary-General, unless the instrument of denunciation specifies a longer period.
3. Denunciation shall take effect one year, or such longer period as maybe specified in the instrument of denunciation. after its deposit with the Secretary-General of the Organization. - 4 Verify source ↗
Denunciation of the Convention referred to in Article H by a Party shall be deemed
If a Party denounces the Convention referred to in Article H, that denunciation is treated as a denunciation of this Protocol by that Party.
4. Denunciation of the Convention referred to in Article H by a Party shall be deemed to be a denunciation of the present Protocol by that Party. Such denunciation shall take effect on the same day as the denunciation of the Convention takes effect in accordance with paragraph 3 of Article XII of the Convention. 20 25 30 35 40 45 ARTICLE VIII - 1 Verify source ↗
A conference for the purpose of revising or amending the present Protocol maybe
The Organization may convene a conference to revise or amend the present Protocol.
1. A conference for the purpose of revising or amending the present Protocol maybe 50 convened by the Organization. - 3 Verify source ↗
The Protocol entered mto force on 30 March 1983
The Protocol entered into force on 30 March 1983.
3. The Protocol entered mto force on 30 March 1983 60 No. 18130 Act NO. 23, 1997 GOVERNMENT GAZETTE, 18 JULY 1997 SHIPPING GENERAL AMENDMENT ACT, 1997 - 2 Verify source ↗
The Organization shall convene a conference of Parties to the present Protocol for
The Organization must convene a conference of Parties to revise or amend the Protocol if at least one-third of the Parties request it.
2. The Organization shall convene a conference of Parties to the present Protocol for the purpose of revising or amending it at the request of not less than one-third of the Parties. ARTICLE IX 1, The present Protocol shall be deposited with the Secretary-General of the 5 Organization. - 2 Verify source ↗
The Secretary-General of the Organization shalL———
The Secretary-General must notify signed or acceding States about key protocol events and send certified copies of the Protocol to those States and to the UN Secretariat.
2. The Secretary-General of the Organization shalL——— (a) inform all States which have signed the present Protocol or acceded thereto of— (i) (ii) (iii) (iv) each new signature or deposit of an instrument together with the date 10 thereofi the date of entry into force of the present Protocol; the deposit of any instrument of denunciation of the present Protocol together with the date on which the denunciation takes effect; any amendments to the present Protocol or its Annex and any objection 15 or declaration of non-acceptance of the said amendment; (b) transmit certified true copies of the present Protocol to all States which have signed the present Protocol or acceded thereto. ARTICLE X As soon as the present Protocol enters into force, a certified true copy thereof shall be 20 transmitted by the Secretary-General of the Organization to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. ARTICLE XI The present Protocol is established in a single original in the English, French, Russian 25 and Spanish languages, all four texts being equally authentic. In wimess whereof the undersigned”, being duly authorized for that purpose, have signed the present Protocol. Done at London this second day of November one thousand nine hundred and seventy-three. ANNEX5 LIST OF SUBSTANCES Appendix l—Oil carried in bulk as listed in Appendix I to Annex I of MARPOL 73/78 other than those covered by the 1969 Intervention Convention Asphalt solutions Blending stocks Roofers flux Straight run residue Oils Clarified Road oil Transformer oil Aromatic oil (excluding vegetable oil) Mineral oil Distillates Straight run Flashed feed stocks Gas oil Cracked Naphtha Solvent Petroleum 30 35 40 45 - 4
- 5 Verify source ↗
The Annex 10 Ibis PToIoco\ wai adopted hy the Marine Environment Protection Committee by
This provision lists substances covered by the shipping annexes for dangerous cargo carried in bulk or packaged form.
5. The Annex 10 Ibis PToIoco\ wai adopted hy the Marine Environment Protection Committee by resolution MEPC. 1 (11 I of 2 I November 1974. The I]st O( substances was ret,ised by resolution MEPC.49(3 1 I 0(4 July 1991. GOVERNMEh’T G.AZE_lTE. 18 JULY 1997 SHIPPING GENERAL AMENDMENT ACT. 1997 62 No. 18130 Act NO. 23, 1997 Motor oil Penetrating oil Spindle oil Turbine oil Polymer-fuel Gasolines Cashinghead (natural) Automotive Aviation Straight run Fuel oil No. 1 (Kerosene) Fuel oil No. 1-D Heartcut distillate oil Gasolines blending stocks Alkylates-fuel Reformats Fuel oil No. 2 Fuel oil No. 2-D Jet fiels JP- 1 (Kerosene) JP-3 JP-5 (Kerosene, heavy) Turbo fuel Kerosene Mineral spirit Appendix 2--Noxious liquid substances carried in bulk Acetone cyanohydnn Acetic anhydnde Acrylonitrile .Alcohol (Cl 2-C 15) poly (1-3) ethoxylates Alcohol (C12-C 15) poly (3-11) ethoxylates Alcohol (C6-C 17)(secondary) poly (3-6) ethoxylates Alcohol (C6-C 17)(secondary) poly (7-12) ethoxylates Allyl alcohol Allyl chloride Ammonium sulphide solution (45% or less) Aniline Benzene and mixtures having 1070 benzene or more Benzyl chloride Butene oligomer n-Butyl acrylate Butylbenzenes (all isomers) Butyl benzyl phthalate n-Butyraldehyde Calcium hypochlonte solution (more than 15%) Calcium naphthenate in mineral oil Camphor oil Carbolic oil Carbon disulphide Carbon tetrachloride Chlorinated paraffins (C 1O-C13) Chlorobenzene Chloroform o-Chloronitrobenzene m-Chlorotoluene o-Chlorotoluene p-Chlorotoluene Chlorotoluene (mixed isomers) Coal tar Coal tar naphtha solvent Cobalt naphthenate in solvent naphtha Creosote (coal tar) Creosote (wood) Cresols (all isomers) Cresylic acid. sodium salt solution Crotonaldehyde Cyclohexyl acetate 1,3-Cyclopentadiene dimer (molten) Cyclapemene Decene Decyl acrylate 10 15 20 25 30 35 40 45 50 55 60 64 N(3. 1813( I GOVERNMENT G.4ZElTE. 18 JUL}’ 1997 Act No. 23, 1997 SHIPPING GENERAL AMENDMENT ACT. 1997 ‘--’-–--–----l Decyl alcohol (all isomers) Dibutyl phthaIate Dichlorobenzenes (all isomers) 1,1 -Dichloroethane Dichloroethyl ether 1,6-Dichlorohexene 2.4-Dichlorophenol 2,4-Dichlorophenoxyacetic acid, diethanolamine Sah sOhItiOn 2,4-Dichlorophenoxy acetic acid, dimethyiamine sa]t solution (70% or less) 2,4-Dichlorophenoxy acetic acid, triisopropanolamine salt solution 1,1 -Dichloropropane 1,2-Dichloropropane 1,3-Dichloropropane 1,3-Dichloropropene Dichloropropene/Dichloropropane mixtures Diethyl sulphate Diglycidyl ether of bisphenol A Diglycidyl ether of bisphenol F Di-n-hexyl adipate Diisobutylene Diisobutyl phthalate Diisopropylbenzene (all isomers) Dimethyl adipate Dimethylamine solution (45% or less) Dimethylarnine solution (greater than 45% but not greater than 55%-) Dimethylarnine solution (greater than 557c but not greater than 65%-) Dinitrotoluene (molten) Diphenyl Diphenyl/Diphenyl ether mixtures Diphenyl ether Diphenyl ether/Diphenyl phenyl ether mixture Diphenyhnethane diisocyanate Diphenylol propane-epichlorohy drin resins Dodecene (all isomers) Dodecyl alcohol Dodecyl diphenyl ether disulphonate solution Dodecyl phenol Drilling brines, containing Zinc salts Epichlorohydnn Ethyl acrylate Ethylene chlorohydrin Ethylene dibromide Ethylene dichloride 2-Ethylhexyl acrylate 2-Ethylhexylamine Ethylidence norbomene o-Ethylphenol 2-Ethyl-3 -propylacrolein Ethyltoluene Fluorosilicic acid Fumaric adduct of rosin, water dispersion Glycidyl ester of C 10 trialkylacetic acid Heptyl acetate Hexyl acetate 2-Hydroxyethyl acrylate Isobutyl acrylate Isophorone diisocyanate Isopropylbenzene Lactonitrile solution (80% or less) Laurie acid Mercaptobenzothiazol, sodium salt solution Metarn sodium solution Methacrylic resin in 1.2-Dichloroethane solution 5 10 30 35 40 45 50 55 60 66 No. 18130 Act No. 23.1997 GOVERNMENT GAZEll_E. 18 JCL~ 199? SHIPPING GENERAL AMENDMENT ACT. 1997 Methacrylonitrile Methyl acrylate Methylcyclopentadiene dimer 2-Methyl-5-ethyl pyriciine Methyl heptyl ketone Methylnaphthalene 2-Methylpyridine 4-Methylpyridine N-Methyl 2-pyrrolidone Methyl salicylate alpha-Methylsty rene Motor fuel anti-knock compounds Naphthalene (molten) Naphthenic acids Nitrobenzene o-Nitrophenol (molten) Nonene Nonylphenol Nonylphenol pol y (4- 12) ethoxylates Octane (all isomers) Octene (all isomers) Octyl aldehydes Octyl nitrates (all isomers) Olefin mixtures (C5-C15) Oleum alpha- Olefins (C6-C 18) mixtures Pentachloroethane Perchloroethylene Phenol Phosphorus. yellow or white Pinene n-Propyl chloride Propylene tetramer Propylene trimer Rosin Rosin soap (disproportionate) solution Sodium hydrosulphide/Arnmonium sulphide solution Sodium hydrosulphide solution (45%- or less) Sodium sulphide solution Sodium nitrite solution Sodium thiocyanate solution (56’72 or less) Styrene monomer Tall oil (crude and distilled) Tall oil soap (disproportionate) solution Tetrachloroethane Toluene Toluene diisocyanate Tnbutyl phosphate 1,2.4-Trichlorobenzene 1,1.1 -Trichloroethane 1, 1,2-Trichloroethane Trichloroethylene 1.2.3-Trichloropropane Tncresyl phosphate (containing less than 17C ortho-isomer) Tncresyl phosphate (containing 1% or more ortho-isomer) Triethylbenzene Trimethyl benzenes (all isomers) Tnmethylhexamethy lene diisocyanate (2.2.4- and 2,4.4-isomers) Trixylyl phosphate Turpentine 1 -Undecene Undecyl alcohol Vinylidene chloride 5 10 15 3(3 35 40 45 50 55 60 68 No. 1813( Act NO. 23, 1997 GOVERNNIENT GAZETTE. 18 JULY 1997 SHIPPING GENERAL AMWJDk!E~T ACT. 1997 Vinyl neodecanoate Vinykoluene White spirit, low (15-20%) aromatic Xylenol Appendix 3—Harmful substances carried in packaged form Binapacryl Cadmium compounds, except Cadmium selenide and Cadmium sulphide Chlonned paraffins (C 1O-C 13) Chlorophenates Copper cyanide Coumarin derivative pesticides & follows: Brodifacoum Coumaphos Cresyl diphenyl phosphate Cyperrnethrin Diphenylamine chloroarsine Diphenylchloroarsine DodecylphenoI Ethyldichloroarsine Fenpropathrin Hexachlorobutadiene Mercuric arsenate Mercuric chloride Mercuric nitrate Mercuric potassium cyanide Mercurous nitrate Mercury acetates Mercury ammonium chloride Mercury based pesticides Mercury benzoate Mercury bromides Mercury compounds, except Mercuric sulphide and Mercury iodide Mercury cyanide Mercury gluconate Mercury nucleate Mercury oleate Mercury oxide Mercury oxycyanide desensitized Mercury potassium iodide Mercury salicylate Mercury sulphates Mercury thiocyanate Nickel cyanide Nickel carbonyl Organochlorine pesticides as follows: Aldrin Camphechlor Chlordane DDT Dieldrin Endosulfan Endrin Heptachlor Lindane (gamma-BCH) Organophosphorus pesticides as follows: Azinphos-methyl Azinphos-ethyl Bromophos-ethyl Carbophenothion Chlorpyriphos Chlorthiophos ,. 5 10 15 15 30 35 40 45 50 55 60 7(I No. 1813(J Act No. 23.1997 GO VER\\l ENT G.AZE7TE. 18 JCL}’ 1997 SHIPPING GENERAL AMEXD31ENT ACT. 1997 Dialifos Diazinon Dichlofenthion Dichlorvos Dimethoate EPN Ethion Fenitrothion Fenthion Fonofos Isoxathion Mevinphos Parathion Parathion-methyl Pirimiphos ethyl Phenthoate Phorate Phosalone Phosphamidon Pyrazophos Sulprophos Terbufos Organotin compounds Organotin pesticides Osmium tetroxide Pentachlorophenol Phenylmercuric a c e t a te Phenylmercuric compounds Phenylmercunc nitrate Phosphorus. white or yellow Polychlonnated biphenyls or terphenyls Polyhalogenated biphenyls or terphenyls Potassium cuprocyanide Silver arsenite Sodium cuprocyanide Sodium pentachlorophenate Triaryl phosphates Tricresyl phosphates. more than 1 TC ortho-isomer Zinc cyanide Appendix 4—Radioactive materials Radioactive materials which are transported in type B packages. or as fissile materials. or under special arrangement, as covered by the provisions of Schedules 10 to 13 of Class 7 of the International Maritime Dangerous Goods Code. Appendix 5—Liquefied gases carried in bulk Acetaldehyde Anhydrous Ammonia Chlorine Dimethylamine Ethyl chloride Ethylene oxide Hydrogen chloride. anhydrous Hydrogen fluoride. anhydrous Methyl bromide Methyl chloride Sulphur dioxide Vinyl chloride monomer,”. 5 10 15 25 30 35 40 45 50 55
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