The Merchant Shipping Act
A ship owner’s liability for certain passenger death or injury claims is capped at 46,666 units of account per authorised passenger, subject to an overall maximum of 25 million units of account.
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About this statute
A ship owner’s liability for certain passenger death or injury claims is capped at 46,666 units of account per authorised passenger, subject to an overall maximum of 25 million units of account. Amounts mentioned in sections 352 and 356 must be converted into Tanzanian Shillings using the shilling value on the date the security or guarantee under section 359 is deposited. This section says liability limits apply to the total of all claims arising from one distinct incident in the situations described. A person seeking to limit liability under this Part must deposit security or a guarantee into court for at least the relevant liability limit, plus interest from the occurrence date until deposit. The court must distribute deposited security or guarantee proceeds among claimants according to their proven claims, and it may stay related proceedings or postpone distribution in some cases.
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Provisions of The Merchant Shipping Act
Showing 91 of 91
- 356 Verify source ↗
Limit for passenger claims
A ship owner’s liability for certain passenger death or injury claims is capped at 46,666 units of account per authorised passenger, subject to an overall maximum of 25 million units of account.
356.–(1) The limit of liability of a ship owner in respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship, shall be an amount of 46,666 units of account multiplied by the number of passengers which the ship is authorised to carry according to the ship’s certificate, but not exceeding 25 million units of account. (2) For purposes of this section “claims for loss of life or personal injury to passengers of a ship” shall mean any such claims brought by or on behalf of any person carried in that ship- (a) under a contract of passenger carriage; or 191 Limit for passenger claims ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods. Conversion of unit of account to Tanzanian funds - 357 Verify source ↗
Conversion of unit of account to Tanzanian funds
Amounts mentioned in sections 352 and 356 must be converted into Tanzanian Shillings using the shilling value on the date the security or guarantee under section 359 is deposited.
357. The amounts referred to in sections 352 and 356 shall be converted into Tanzanian Shillings according to the value of the Tanzanian Shillings on the date the security or guarantee referred to in section 359 shall have been deposited. Aggregation of claims - 358 Verify source ↗
Aggregation of claims
This section says liability limits apply to the total of all claims arising from one distinct incident in the situations described.
358.–(1) The limits of liability determined in accordance with section 352 shall apply to the aggregate of all claims which arises on any distinct occasion against- (a) the ship owner and any person for whose act, neglect or default he may be responsible; (b) the ship owner of a ship rendering salvage services from that ship and the salvor or salvors operating from such ship and any person for whose act, neglect or default he is or they are responsible; or (c) the salvor or salvors who are not operating from a ship or who are operating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he is or they are responsible. (2) The limits of liability determined in accordance with section 356 shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the ship owner in respect of the ship referred to in that section and any person for whose act, neglect or default he may be responsible. Provision of security and release of ship - 359 Verify source ↗
Provision of security and release of ship
A person seeking to limit liability under this Part must deposit security or a guarantee into court for at least the relevant liability limit, plus interest from the occurrence date until deposit.
359.–(1) A person alleged to be liable and seeking to limit his liability under this Part shall deposit into the court an amount at least equivalent to the limit provided for in section 352 or 356 as appropriate, in the form of a security or guarantee, together with interest thereon from the date of the occurrence giving 192 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Distribution of fund rise to the liability until the date such security or guarantee is deposited, and the amounts so deposited shall be available only for the payment of claims in respect of which limitation of liability can be invoked. (2) A security or guarantee deposited by one of the persons mentioned in subsection (1) of this section, or his insurer, shall be deemed to have been deposited by all persons mentioned in subsection (1) or (2) of section 358 respectively. - 360 Verify source ↗
Distribution of fund
The court must distribute deposited security or guarantee proceeds among claimants according to their proven claims, and it may stay related proceedings or postpone distribution in some cases.
360.–(1) Subject to sections 352, 353, and 356, the proceeds of any security or guarantee deposited with the court shall be distributed among the claimants in proportion to their established claims. (2) The court may stay any proceedings pending in any other court in relation to the same matter, and may proceed in such manner and subject to such regulations as to the exclusion of any claimants who do not come in within a certain time and as to payment of costs, as the court thinks just. (3) Lien or other right in respect of any ship or property shall not affect the proportions in which any amount is distributed amongst several claimants. (4) All sums paid for or on account of any loss or damage in respect where of the liability of owners is limited under the provisions of this Part and all costs incurred in relation thereto may be brought into account among owners of the same ship in the same manner as money disbursed for the use thereof. (5) Where, before the proceeds of the security or guarantee are distributed, the person liable, or his insurer, has settled the claim, such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Part. (6) In making any distribution under this section, the court may if it thinks fit, postpone the distribution of such part of the amount to be distributed as it deems appropriate having regard to any claims subrogated or otherwise that may be established later. 193 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Bar to other actions - 361 Verify source ↗
Bar to other actions
A claimant who has claimed against deposited security or guarantee cannot pursue the same claim against the depositor’s other assets, and the court must release arrested or seized ship/property when the stated deposit conditions are met.
361.–(1) Where a security or guarantee has been deposited with the High Court in accordance with section 359, any person having made a claim against such security or guarantee shall be barred from exercising any right in respect of such claim against any other assets of a person by or on behalf of whom the security or guarantee has been deposited. (2) Where a ship or other property is seized or arrested in connection with a claim which appears to the court to be founded on liability to which limitation is applicable under this Part, and in respect of which a security or guarantee is deposited, the court shall order the release of the ship or property if the security or guarantee has been deposited in Tanzania or- (a) at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter; or (b) at the port of disembarkation in respect of claims for loss of life or personal injury; or (c) at the port of discharge in respect of damage to cargo, but where the release is ordered the person on whose application it is ordered shall be deemed to have been submitted to the jurisdiction of the court to adjudicate on the claim. (3) The provisions of subsections (2) and (3) shall apply if the claimant brings a claim before the court and the security or guarantee deposited with the court is actually available and freely transferable in respect of that claim. Rules as to division of loss - 362 Verify source ↗
Rules as to division of loss
When two or more vessels are at fault and cause damage or loss, liability is split according to each vessel’s degree of fault; if fault levels cannot be distinguished, liability is shared equally.
362.–(1) Where, by the fault of two or more vessels, damage or loss is caused to one or more of those vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was in fault. 194 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (2) Where, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally to each vessel in fault. (3) This section shall not- (a) operate so as to render any vessel liable for any loss or damage to which her fault has not contributed; and (b) affect the liability of any person under a contract of carriage or any other contract; or (c) be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law. - 363 Verify source ↗
Damage for personal injury
If a person suffers death or personal injury on board a vessel because of faults involving that vessel and another vessel, the vessel owners are jointly and severally liable.
363.–(1) Where loss of life or personal injury is suffered by any person on board a vessel owing to the fault of that vessel and of any other vessel or vessels, the liability of the owners of the vessels shall be joint and several. (2) This section shall not be construed as depriving any person of any right of defence on which, he might have relied in an action brought against him by the person injured, or any person or persons entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases which this section relates in the manner provided by law. - 364 Verify source ↗
Definition of freight
For sections 365 and 366, “freight” includes passage money and hire.
364. For purposes of sections 365 and 366 “freight” includes passage money and hire, and references to damage or loss caused by the fault of a ship shall be considered as including references to any salvage or other expenses consequent upon that fault recoverable at law by way of damages. - 365 Verify source ↗
Right of contribution
Owners of a vessel may recover contribution from the owners of other vessel(s) for damages exceeding the first vessel’s share of fault, subject to fault allocation and liability-limit exceptions.
365.–(1) Where loss of life or personal injury is suffered by any person on board a vessel owing to the fault of that vessel, and any other vessel or vessels, and a proportion of the damages is recovered against the owners of one of the vessels which exceeds the proportion in which she was at fault, such owners may recover by way of contribution the amount of the 195 Damage for personal injury Definition of freight Right of contribution ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Limitation of actions excess from the owners of the other vessel or vessels to the extent to which those vessels were respectively at fault; but no amount shall be so recovered which could not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which could not, for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefore. (2) In addition to any other remedy provided by law, the persons entitled to any such contribution shall, for the purpose of recovering the contribution, have, the same rights and powers as the persons entitled to sue for damages in the first instance. - 366 Verify source ↗
Limitation of actions
Claims covered by this section must be filed within 2 years, or within 1 year for contribution claims, unless the court extends the period.
366.–(1) Subject to the provisions of this section, an action shall not be maintainable to enforce any claim or lien against a ship or her owners in respect of any damage or loss to another ship, her cargo or freight,or any property on board, or in respect of any damages of loss of life or personal injury suffered by any person on board that other ship, caused by the fault of the former ship, whether such other ship was wholly or partly in fault, unless proceedings therein are commenced within two years from the date when the damage or loss or injury was caused. (2) An action shall not be maintainable under this Act to enforce any contribution in respect of an overpaid proportion of any damages for loss of life or personal injury unless proceedings therein are commenced within one year from the date of payment. (3) The court of competent jurisdiction may extend any period to such extent on such conditions as it thinks fit and shall, if satisfied that during the period there has not been a reasonable opportunity of arresting the defendant ship within the jurisdiction of the court or within the territorial seas of the country to which the plaintiff ’s ship belongs or in which the plaintiff resides or has his principal place of business, extend any such period to an extent sufficient to give such reasonable opportunity. 196 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] PART XIX PREVENTION OF POLLUTION Application
Part
PART XIX
- 367 Verify source ↗
Application
This Part starts on a date the Minister appoints by notice in the official Gazette, and it applies to certain tankers, ships, and offshore installations.
367.–(1) The provisions of this Part shall come into effect on such date as the Minister may, by notice in the official Gazette, appoint, and different dates may be appointed for different provisions of this Part. (2) This Part shall apply to- (a) tankers of one hundred and fifty tons gross or more; (b) other ships of four hundred tons gross or more, and; (c) offshore installations. Interpretation of Part XIX
Part
Part XIX
- 368 Verify source ↗
369. Discharge of oil
This section defines key terms used in the Part, including discharge, oil, oily mixture, oil reception facilities, prohibited zone, ship, tanker, and mile.
368.–(1) In this Part, unless the context otherwise requires- “discharge” in relation to oil or oily mixtures, means any discharge escape or leak howsoever caused; “mile” means a nautical mile of 1,852 metres; “oil” means: (a) crude oil; (b) fuel oil; (c) marine diesel oil conforming to such specifications as may be prescribed; and (d) lubricating oil; “oily mixture” means a mixture containing not less than a hundred parts of oil in a million parts of the mixture; “oil reception facilities” in relation to a port, means facilities for enabling vessels using the port to discharge or deposit oil residue; “prohibited zone” means any such sea area as may be specified in the rules or regulations made under section 376 to be a prohibited zone for purposes of the Act; “ship” means any sea-going vessel of any type whatsoever, including floating craft, whether self-propelled or towed by another vessel, making a sea voyage; and “tanker” means a ship in which the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not for the time being, carrying a cargo other than oil in that part of its cargo space. 197 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Discharge of oil Allowable discharge - 369 Verify source ↗
Discharge of oil
This section restricts oil and oily mixture discharges from ships, including in prohibited zones and at sea, and requires prompt reporting to the Registrar in a special-circumstances exception.
369.–(1) Oil or oily mixture shall not be discharged from a Tanzanian tanker or other ship within any of the prohibited zones or from a foreign tanker or other ship within the prohibited zone adjoining the territories of Tanzania. (2) The discharge of oil or oily mixture from a Tanzanian ship,other than a tanker or from a foreign ship other than a tanker while such ship is proceeding to any place or port in Tanzania, shall, during the period of three years immediately following the commencement of this subsection, be made as far as practicable from land: Provided that, this subsection shall not apply to a ship which is proceeding to a port where oil reception facilities are not available. (3) An oil or oily mixture shall not be discharged anywhere at sea from a Tanzanian ship, being a ship of twenty thousand tons gross tonnage or more for which the building contract was entered into after the coming into force of this subsection: Provided that, this subsection shall not apply in any case where by reason of special circumstances, it is impracticable to retain the oil or oily mixture in the ship and the master of the ship reports, as soon as may be practicable after such discharge, the fact in the prescribed form and manner to the Registrar. - 370 Verify source ↗
Allowable discharge
Section 369 does not apply to certain ship discharges of oil or oily mixture.
370. Section 369 shall not apply to- (a) the discharge of oil or oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo or saving life at sea; (b) the escape of oil or oily mixture resulting from a damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimising the escape; (c) the discharge of residue arising from the purification or clarification of fuel oil or lubricating oil when such discharge is made as far from land as is practicable; or 198 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Equipment to be fitted Oil record book (d) the discharge from the bilges of a ship of oily mixture during the period of twelve months following the date on which this section comes into force and after the expiration of such period of oily mixture containing no oil other than lubricating oil which has drained or leaked from the machinery spaces in the ship. - 371 Verify source ↗
Equipment to be fitted
The Minister may make rules requiring Tanzanian ships to have equipment and meet other prescribed requirements to prevent oil or oily mixtures escaping into the sea or bilges.
371. For purposes of preventing or reducing discharges of oil and oily mixtures into the sea, the Minister may make rules requiring Tanzanian ships to be fitted with such equipment and to comply with other such requirements including requirement for preventing the escape of fuel, oil or oily mixture into bilges as may be prescribed. - 372 Verify source ↗
Oil record book
Tanzanian tankers and other Tanzanian ships that use oil as fuel must keep an oil record book on board.
372.–(1) Every Tanzanian tanker and every other Tanzanian ship which uses oil as fuel shall maintain on board the tanker or such other ship an oil record book. (2) The form and manner in which the oil record book shall be maintained, the nature of the entries to be made therein, the time and circumstances in which such entries shall be made, the custody and disposal thereof and all other matters relating thereto shall be as may be prescribed having regard to the provisions of this Part. Inspections - 373 Verify source ↗
374. Contravention by foreign ships
A surveyor or appointed person may board a ship at a reasonable time to check compliance, inspect oil-related records, and make a true copy of record-book entries.
373.–(1) A surveyor or any person appointed in this behalf may, at any reasonable time, go on board a ship to which any of the provisions of this Part apply for purposes of- (a) ensuring that the prohibitions, restrictions and obligations imposed by or under this Part are complied with; (b) satisfying himself about the adequacy of the measures taken to prevent escape of oil or oily mixture from the ship; (c) ascertaining the circumstances relating to an alleged discharge of oil or oily mixture from a ship in contravention of the provisions of this Part; and (d) inspecting the oil record book. 199 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Contravention by foreign ships Oil reception facilities Act No. 13 of 2019 s. 48 (2) The surveyor or any such person appointed in this behalf may, if necessary make without unduly delaying the ship, a true copy of any entry in the oil record book of the ship and may require the master of the ship, to certify the copy to be a true copy and such copy shall be admissible as evidence of the facts stated therein. - 374 Verify source ↗
Contravention by foreign ships
The Minister must notify the ship’s home government about an alleged contravention by a foreign ship, and must investigate reported contraventions involving a Tanzanian ship.
374.–(1) Where, on report from a surveyor or other person authorised to inspect a vessel under section 373, the Minister is satisfied that any provision of this Part has been contravened by a foreign ship being a ship to which the provisions of the Convention apply, he shall transmit particulars of the alleged contravention to the government of the country to which the ship belongs. (2) On receipt of information from any government that a Tanzanian ship has contravened any provision of this part, the Minister shall investigate the matter, and if satisfied that any provision of this Part has been contravened, take appropriate action against the owner or master and intimate. - 375 Verify source ↗
Oil reception facilities
The Port Authority can provide oil reception facilities, and the Minister and Registrar have related approval and direction powers.
375.–(1) Notwithstanding anything contained in any other law relating to any port in Tanzania, the powers of the Port Authority shall include the power to provide oil reception facilities. (2) The Port Authority providing oil reception facilities or a person providing such facilities by arrangement with the Port Authority may make charges for the use of such facilities at such rates and may impose such conditions in respect of the use thereof as may be approved by notice in the Gazette by the Minister. (3) Where the Registrar is satisfied that there are no oil reception facilities at any port in Tanzania, or that the facilities available at such ports are not adequate for enabling ships calling at such port to comply with the requirements of this Part, may, after consultation with a person in charge of such 200 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] port authority, direct by order in writing to provide or arrange for the provision of such oil reception facilities as may be specified in the order. (4) The Minister may, by notice in the Gazette, specify the ports in Tanzania having oil reception facilities in accordance with the requirements of this Part. Minister to make regulations for prevention of marine pollution - 376 Verify source ↗
Minister to make regulations for prevention of marine pollution
The Minister may make regulations for this Part, including rules on marine diesel oil, prohibited zones, oil record books, investigations, and preventing marine pollution.
376.–(1) The Minister may, having regard to the provisions of this Part, make regulations to carry out the purposes of this Part. (2) In particular and without prejudice to the generality of the provisions of subsection (1), such regulations may- (a) prescribe the specifications of marine diesel oil for purposes of section 368; (b) specify the areas which shall be deemed to be prohibited zones for the purposes of this Part; (c) prescribe the form and manner in which the oil record book shall be maintained, the nature of the entries to be made therein, the time and circumstances in which entries shall be made, the custody and disposal thereof and all other matters relating thereto; (d) prescribe the manner in which investigation may be made by the Minister for the purpose of section 374(2); and (e) provide for the prevention of marine pollution by oil hazardous waste, noxious liquid, sewage, toxic waste, garbage and other substances and the protection of the marine environment. Pollution at sea - 377 Verify source ↗
Pollution at sea
Discharging oil or oily mixture from a ship in the covered waters is an offence for the ship’s owner or master, with fines, possible imprisonment, and pollution-removal costs.
377.–(1) Where any oil or oily mixture is discharged from- (a) a ship into a harbour or into the sea within 100 nautical miles from the coast of Tanzania; or (b) a Tanzanian ship into the sea within 100 nautical miles of any land, the owner or master of the ship commit an offence and on conviction, shall be liable to a fine of not less than the 201 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] equivalent in Tanzanian shillings of the United States dollars fifty thousand or to imprisonment for a term not exceeding five years or to both. (2) A person laying information or giving evidence leading to the conviction of the master or owner of a ship for an offence under this section may, at the discretion of the court trying the case be awarded a portion not exceeding one-half of the fine imposed. (3) Where a person is liable to a fine mentioned in subsection (1), he shall also be liable to any expense that has been incurred or will be incurred in removing pollution or making good any damage attributable to the pollution. Liability for oil pollution - 378 Verify source ↗
Liability for oil pollution
Ship owners are liable for oil-pollution damage and related prevention costs when oil is discharged or escapes from a ship, subject to this Part’s exceptions.
378.–(1) Where, as a result of any act or ommision oil is discharged or escapes from a ship, except as otherwise provided by this Part, the owner of a ship shall be liable- (a) for any damage caused to any person, property, environment, ecosystem, or marine within the United Republic by reason of contamination resulting from discharge or escape; (b) for the cost of any measures reasonably taken for the purpose of preventing or minimising any damage so caused within the United Republic; and (c) for any damage caused within the United Republic by any measures taken for purposes preventing or minimising the damage. (2) Where, as a result of an act referred to under subsection (1), there arises a grave damage or imminent threat of damage caused or likely to be caused outside the ship by reason of contamination that has or might result if there were a discharge or escape of oil from the ship, except as otherwise provided by this part, the owner of the ship shall be liable- (a) for the cost of any measures reasonably taken for the purpose of preventing or minimising any damage within the United Republic by any measures taken; or (b) for any damage caused within the United Republic by any measures taken. 202 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (3) Subject to subsection (4), this section shall apply to any ship constructed or adapted for carriage of oil bulk as cargo. (4) Where any ship constructed or adapted for carriage of oil bulk as cargo besides oil, this section shall only apply to any such ship- (a) while it is carrying oil bulk as cargo; and (b) unless it is proved that no residues from the carriage of any such oil remain in the ship, while it is on any voyage following the carriage of any such oil. (5) Where a person incurs any liability pursuant to subsection (1) or (2), the owner of a ship shall equally be liable for any damage or cost for which he would be liable under subsection (1) or (2) if the territory of any other country reffered to in the International Convention on Civil Liability for Oil Pollution Damage 1992. (6) Where- (a) an act occurs as a result of which a liability is incurred under this section by the owner of each of two or more ships; and (b) the damage or cost for which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable, then each of the owners would be liable for the damage or cost for which the owners would jointly be liable under this section. (7) For purposes of this Part- (a) liability for the discharge or escape of oil from a ship wherever it occurs shall be incurred irrespective of whether or not the ship is of oil carried in a cargo tank or of oil carried in a bunker fuel tank; (b) where more than one discharge or escape results from the same occurrence or from series of occurrences having the same origin, then such act shall be treated as one, but any measures taken after the first occurrence shall be deemed to have been taken after the discharge or escape; and 203 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Exemptions from liability (c) where a relevant threat of contamination results from series of occurrences having the same origin, such act shall be treated as a single occurrence. - 379 Verify source ↗
Exemptions from liability
A ship owner under section 378 is exempt from liability for oil discharge, escape, or an imminent contamination threat if they prove it was caused by war, hostility, insurrection, an act of God, or by a non-servant/non-agent acting to damage the ship.
379. Liability shall not be incurred by the owner of a ship under section 378 by reason of any discharge or escape of oil from a ship or imminent threat of contamination, if the owner proves that the discharge, escape, or threat of contamination- (a) resulted from an act of war, hostility, insurrection or an act of God; or (b) occurred as a result of an act done or omitted to be done by a person, not being a servant or agent of the owner, with intent to do damage to the ship. International Oil Pollution Compensation Fund - 380 Verify source ↗
381. Minister may designate arrangements
The Fund Convention may have to pay compensation for certain pollution damage, but not in specified exceptions, and it may be partly or wholly excused in some cases.
380.–(1) Where, in the event of failure to obtain adequate compensation for damage caused to any person, property, environment, ecosystem or marine within the United Republic by reason that- (a) because the discharge or escape, or the relevant threat of contamination, by reason of which the damage was caused- (i) resulted from an exceptional inevitable and irresistible phenomenon; or (ii) was due wholly to anything done or omitted to be done or omitted by another person other than a servant; (b) because the owner of guarantor liable for the damage cannot meet his obligations in full; or (c) because the damage exceeds the liability under section 378 as limited by section 379, then the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (hereinafter referred to as the Fund Convention) shall be liable to pay adequate compensation in relation to any of such damage. 204 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (2) Where proceedings for compensation for pollution damage have been brought in a country which is not a party to the Fund Convention and the Fund Convention is adjudicated to be liable for that pollution damage by virtue of this section, references to the Fund Convention shall be treated as references to the corresponding provisions of the country in which those proceedings were brought. (3) For the purpose of this section, an owner or guarantor shall be treated as incapable of meeting his obligations if such obligations have not been met after all reasonable steps to pursue the legal remedies available have not been taken. (4) Expenses reasonably incured and sacrifices reasonably made by the owner voluntarily to prevent or minimise pollution damage for the purpose of this section and the owner shall be in the same position with respect to claims against the Fund Convention as if the owner has a claim in respect of liability under the Fund Convention. (5) The Fund Convention shall incur no obligation under this section if- (a) it proves that the pollution damage- (i) resulted from an act of war, hostility, civil war, or in surrection; or (ii) was caused by oil which has been discharged or escaped from a warship or other ship owned or operated by a State and used, at the time of the occurrence, only on Government non-commercial service; (b) the claimant cannot prove that the damage resulted from an occurrence involving a ship identified by him or involving two or more ships one of which is identified by the claimant. (6) Where the Fund Convention proves that the pollution damage resulted wholly or partly- (a) from anything done or omitted to be done with intent to cause damage by the person who suffered the damage; or 205 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (b) from the negligence of that person, the Fund Convention may be exonerated wholly or partly from obligations to pay compensation to that person. (7) Where liability in respect of the pollution damage is limited to any extent by subsection (6), the Fund Convention shall, subject to subsection (8) be exonerated to the same extent. (8) Subsections (6) and (7) shall not apply where the pollution damage consists of the costs prevention measures or any damage caused by measures. Minister may designate arrangements - 381 Verify source ↗
Minister may designate arrangements
The Minister may designate arrangements in Tanzania to help fulfill the objectives and functions of this Part.
381. The Minister may, designate arrangements in Tanzania for effective fulfillment of the objectives and functions of this Part. Appointment of surveyors and inspectors PART XX ENFORCEMENT OFFICERS AND POWERS (a) Enforcement Officers
Part
PART XX
- 382 Verify source ↗
Appointment of surveyors and inspectors
The Minister appoints and may remove surveyors of ships, and the Registrar may appoint inspectors and other persons for specified inspection purposes.
382.–(1) The Minister shall appoint the surveyors of ships in connection with surveys of ships and other matters incidental thereto as he thinks fit and remove any person so appointed. (2) A surveyor of ships may be appointed as a ship surveyor, or small ship surveyor or as an engineer surveyor in any or all of these categories. (3) Surveyors of ships may be appointed either generally or for any particular case or purpose. (4) The Registrar may, if he thinks fit, appoint a surveyor or any other person as an inspector- (a) to report to him- (i) upon the nature and causes of any accident or damage which any ship has or is alleged to have sustained or caused; (ii) whether any restrictions or requirements, prohibitions imposed by or under this Act have been complied with or, contravened; and 206 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (iii) whether the hull and machinery of a ship are sufficient and in good condition; (b) for purposes of sections 387, 388, 391 and 392. (5) In this Act “surveyor of ships” means a surveyor appointed under subsections (1) and (2), and the reference to requirements, restrictions or prohibitions under this Act, includes any such requirements, restrictions or prohibitions constituting the terms of any approval, licence, consent or exemption given in any document issued under this Act. (b) Inspection etc., Powers Powers to require production of ship’s document - 383 Verify source ↗
Powers to require production of ship’s document
Certain officers may require ship-related documents, crew lists, muster, and explanations on ships in Tanzanian waters when they suspect non-compliance; refusal can be an offence.
383.–(1) The powers conferred by this section, are conferred in relation to all ships in Tanzanian waters and are available to any of the following officers, namely- (a) a surveyor of ships; (b) any Tanzanian consular officer; and (c) the Registrar, whenever the officer has reason to suspect that this Act or any law relating to merchant seafarers or navigation is not complied with. (2) Subject to the provisions of subsection (1), the powers of surveyor of ships, Tanzanian consular officer or Registrar include- (a) to require the owner, master or any of the crew to produce any official log books or other documents relating to the crew or any member of the crew in their possession or control; (b) to require the master to produce a list of all persons on board his ship, and take copies of or extracts from the official log books or other such documents; (c) to muster the crew; and (d) to require the master to appear and give any explanation concerning the ship or her crew or the official log books or documents produced or required to be produced. 207 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (3) A person, who after being required by an officer under this section to produce a log book or any document, fails without reasonable excuse to produce the log book or document, commits an offence and on conviction, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars five thousand or to imprisonment for a term not exceeding two years or to both. (4) A person, on being duly required by any officer under this section- (a) to produce a log book or document, refuses to allow the log book or document to be inspected or copied; (b) to muster the crew, impedes the muster; or (c) to give any explanation, refuses or neglects to give the explanation or knowingly misleads or deceives the officer, commits an offence and on conviction, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars five thousand or to imprisonment for a term not exceeding two years or to both. - 384 Verify source ↗
Power to inspect ships and their equipment
A surveyor of ships may inspect ships, equipment, cargo articles, and documents, and in some cases require a ship to be taken into dock; obstructing these powers or failing to comply with a dock requirement is an offence.
384.–(1) For purposes of ensuring that the provisions of this Act and of regulations made under this Act or, that the terms of any approval, licence, consent, direction or exemption given by virtue of such regulations are duly complied with, a surveyor of ships may at any reasonable times go on board a ship and inspect the ship and its equipment or any part thereof, any articles on board and any document carried in the ship in pursuance of this Act, or regulations made under this Act. (2) The powers conferred by subsection (1) shall, if the ship is a Tanzanian ship, also be exercisable outside Tanzania and may be so exercised by a proper officer as well as the surveyor of ships. (3) A person exercising powers under this section shall not without good cause detain or delay a ship but may, if he considers it necessary in consequence of an accident or for any other reason, require a ship to be taken into dock for a survey of its hull or machinery. 208 Power to inspect ships and their equipment ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Powers of inspectors in relation to premises and ships (4) Where surveyor of ships has reasonable grounds for believing that there are on any premises, provisions of waters intended for supply to a Tanzanian ship which, if provided on the ship, would not be in accordance with regulations containing requirements as to provisions of water on ships, he may enter the premises and inspect the provisions of water for the purpose of ascertaining whether they would be in accordance with the regulations. (5) A person, who obstructs an officer referred to in section 380 in the exercise of his powers under this section, or fails to comply with a requirement made under subsection (3), commits an offence and on conviction, shall be liable, to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars five thousand or to imprisonment for a term not exceeding two years or to both. - 385 Verify source ↗
Powers of inspectors in relation to premises and ships
Inspectors may enter premises or board ships in dangerous situations and use broad powers to examine, sample, detain, and require information or assistance.
385.–(1) The powers conferred by this section are conferred in relation to- (a) any premises in Tanzania; or (b) any Tanzanian ship wherever it may be and any other ship which is present in Tanzania or in Tanzanian waters, and are available to any inspector appointed under section 382(4), for purposes of performing his functions. (2) An inspector who is referred under subsection (1) may- (a) at any time in a situation which in his opinion is or may be dangerous, enter any premises, or board any ship, if he has reason to believe that it is necessary for him to do so; (b) on entering any premises or on boarding a ship by virtue of paragraph (a), take with him any other person authorised for the purpose by the Registrar, and any equipment or materials he requires; (c) make such examination and investigation as he considers necessary; 209 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (d) give a direction requiring that the premises or ship or any part of the premises or ship or any thing in the premises or ship or such a part thereof be left in particular undisturbed, whether generally or respects, for so long as is reasonably necessary for purposes of any examination or investigation under paragraph (c); (e) take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c); (f) take samples or any articles or substances formed in the premises or ship and of the atmosphere in or in the vicinity of the premises or ship; (g) in the case of any article or substance which he finds in the premises or ship and which appears to him to have caused or to be likely to cause danger to health or safety, cause it to be dismantled or subjected to any process or test, but not so as to damage or destroy it unless that is in the circumstances necessary; (h) in the case of any such article or substance as is mentioned in paragraph (g), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely- (i) to examine it and do to it anything which he has power to do under that paragraph; (ii) to ensure that it is not tampered with before his examination of it is completed; and (iii) to ensure that it is available for use as evidence in any proceedings for an offence under this Act or any instrument made under it; (i) require any person who he has reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph (c)- (i) to attend at a place and time specified by the inspector; 210 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (ii) to answer, in the absence of persons other than any persons whom the inspector may allow to be present and a person nominated to be present by the person on whom the requirement is imposed, such questions as the inspector thinks fit to ask; and (iii) to sign a declaration of the truth of his answers; (j) require the production of, and inspect and take copies of any entry in- (i) any books or documents which by virtue of any provision of this Act are required to be kept; and (ii) any other books or documents which he considers it necessary for him to see for purposes of any examination or investigation under paragraph (c); and (k) require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities, as the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this subsection. (3) It is hereby declared that, the preceding provisions of this section shall not authorise a person to prevent a ship from proceeding on a voyage. (4) The Minister may by regulations, make provision as to the procedure to be followed in connection with the taking of samples under subsection (2)(f) and (7) and provision as to the way in which samples that have been so taken are to be dealt with. (5) Where an inspector proposes to exercise the power conferred by subsection (2)(g) in respect of an article or substance found in any premises or ship, he shall, if so requested by a person who, at the time is present in, and has responsibilities in relation to the premises or ship, cause anything which is to be done by virtue of that power to be done 211 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] in the presence of that person unless the inspector considers that if being done in that person’s presence would be prejudicial to the safety of that person. (6) Before exercising the power conferred by subsection (2) (g), an inspector shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power. (7) Where an inspector takes possession of any article or substance found in any premises or ship, under subsection (2) (h), he shall leave either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an inspector shall, if it is practicable for him to do so, take a sample of the substance and give to a responsible person at the premises or on board the ship a portion of the sample marked in a manner sufficient to identify it. (8) An answer given by a person in pursuance of a requirement imposed under subsection (2)(i) shall not be admissible in evidence against that person or the husband or wife of that person in any proceedings except in proceedings in pursuance of subsection (1)(c) of section 383 in respect of a statement in or a declaration relating to the answer; and a person nominated as mentioned in subsection (2)(i) shall be entitled, on the occasion on which the questions are asked, to make representations to the inspector on behalf of the person who nominated him. - 386 Verify source ↗
Provisions supplementary to section 385
A person who obstructs an inspector, fails to comply with a section 385 requirement without reasonable excuse, or knowingly/recklessly makes a false statement or declaration commits an offence and may be fined, imprisoned for up to 2 years, or both.
386.–(1) A person who- (a) intentionally obstructs an inspector in the exercise of any power conferred to him under section 385; (b) without reasonable excuse, does not comply with a requirement imposed in pursuance of section 385 or prevents another person from complying with such a requirement; or 212 Provisions supplementary to section 385 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (c) makes a statement or signs a declaration which he knows is false, or recklessly makes a statement or signs a declaration which is false, in purported compliance with a requirement made in pursuance of subsection (2)(i) of section 385, commits an offence and on conviction, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars five thousand or to imprisonment for a term not exceeding two years or to both. (2) Section 385 shall not be taken to compel the production by any person of a document which he would on grounds of legal professional privilege, be entitled to withhold production on an order for discovery in an action in the court. (3) A person who complies with a requirement imposed on him in pursuance of paragraph (i), (j) or (k) of subsection (2) of section 385, shall be entitled to recover from the person who imposed the requirement such sums in respect of the expenses incurred in complying with the requirement as may be prescribed. (4) Payments under subsection (3) shall be made out of money provided out of the treasury. (c) Improvement Notices and Prohibition Notices Improvement notices - 387 Verify source ↗
388. Prohibition notices
An inspector may serve an improvement notice on a person who is contravening, or likely to keep contravening, relevant statutory provisions. The notice must identify the breach and require it to be remedied within the stated period.
387.–(1) Where an inspector appointed under section 382(4) is of the opinion that a person- (a) is contravening one or more of the relevant statutory provisions; or (b) has contravened one or more statutory provisions in circumstances that make it likely that the contravention will continue or be repeated, he may serve on that person a notice referred to in this Part as an “improvement notice”. (2) An improvement notice shall- (a) state the opinion of the inspector, specify the provision or provisions contravened and give particulars and reasons why he is of that opinion; and 213 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Prohibition notices (b) require the person to whom the notice is served to remedy the contravention in question or, as the case may be, the matters occasioning it within such period as may be specified in the notice. (3) The period specified in pursuance of subsection (2)(b) shall not expire before the end of the period within which a notice can be given under section 388 requiring questions relating to the improvement notice to be referred to arbitration. (4) In this and the following sections of this Part, “the relevant statutory provisions” means- (a) the provisions of Parts VII to XII and XIX of this Act; and (b) the provisions of any instrument of a legislative character having effect under any of those provisions. - 388 Verify source ↗
Prohibition notices
An inspector may issue a prohibition notice if ship activities are thought to create a serious risk of personal injury.
388.–(1) Where, as regards to any relevant activities which are being or are likely to be carried on board any ship by or under the control of any person, an inspector is of the opinion that, as so carried on or as likely to be carried on, the activities involved or will involve the risk of serious personal injury to any person, whether on board the ship or not, the inspector may serve on the first-mentioned person a notice under this Part referred to as a “prohibition notice”. (2) Subject to subsection (1), “relevant activities”, means activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are carried on as mentioned in that subsection, apply. (3) A prohibition notice shall- (a) state that the inspector is of the opinion that the activity will involve risk of serious personal injury to any person; (b) specify the matters which in his opinion give or, will give rise to the risk; (c) where in his opinion any of those matters involve or, will involve a contravention of any of the relevant statutory provisions, state that he is of that opinion, 214 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Provisions supplementary to sections 387 and 388 specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and (d) direct- (i) that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served, or (ii) that the ship shall not go to sea, unless the matters specified in the notice in pursuance of paragraph (b), and any associated contravention of any provision so specified in pursuance of paragraph (c), have been remedied. (4) A direction contained in a prohibition notice in pursuance of subsection (3)(d) shall take effect- (a) at the end of a period specified in the notice; or (b) where the direction is given in pursuance of subsection (3)(d)(ii) or the notice so declares, immediately.
Part
Part referred to as a “prohibition notice”.
- 389 Verify source ↗
Provisions supplementary to sections 387 and 388
Improvement notices and prohibition notices may include directions for fixing the problem, but not measures that are more onerous than necessary; an inspector may withdraw or extend the notice period in limited circumstances.
389.–(1) An improvement notice or a prohibition notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates, and any such directions may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter. (2) An improvement notice or a prohibition notice shall not direct any measures to be taken to remedy the contravention of any of the relevant statutory provisions that are more onerous than those necessary to secure compliance with that provision. (3) Where an improvement notice or a prohibition notice that is not to take immediate effect has been served- (a) the notice may be withdrawn by an inspector at any time before the end of the period specified in it in pursuance of section 387(2)(b) or, as the case may be, section 387; and 215 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] References of notices to arbitration (b) the period so specified may be extended or further extended by an inspector at any time when a reference to arbitration in respect of the notice is not pending under section 388. - 390 Verify source ↗
References of notices to arbitration
A person served with an improvement or prohibition notice may require the question to go to a single arbitrator, but must give notice to the inspector within 21 days.
390.–(1) Any question as to whether- (a) any of the reasons or matters specified in an improvement notice or a prohibition notice in pursuance of section 387(2)(a) or 388(3)(b) or (c) in connection with any opinion formed by the inspector constituted a valid basis for that opinion, or (b) directions included in the notice in pursuance of section 389(1) were reasonable, shall, if the person on whom the notice was served so requires, by a notice given to the inspector within twenty-one days from the service of the notice, be referred to a single arbitrator appointed by agreement between the parties for that question to be decided by him. (2) Where a notice given by a person in accordance with subsection (1), relates to an improvement notice, the giving of the notice shall have the effect of suspending the operation of the improvement notice until the decision of the arbitrator is published to the parties or the reference is abandoned by that person. (3) Where a notice given by a person in accordance with subsection (1) relates to a prohibition notice, the giving of the notice shall have the effect of suspending the operation of the prohibition notice if, but only if, on the application of that person the arbitrator so directs, and then only from the giving of the direction. (4) Where, on a reference under this section, the arbitrator decides in respect of any reason, matter or direction to which the reference relates, that in all the circumstances- (a) the reason or matter did not constitute a valid basis for the inspector’s opinion; or 216 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Compensation in connection with invalid prohibition notices (b) the direction was unreasonable, he shall either cancel the notice or affirm it with such modifications as he may think fit, and in any other case, the arbitrator shall affirm the notice in its original form. (5) A person shall not be qualified for appointment as an arbitrator under this section unless he is- (a) a person holding an unrestricted certificate of competency as a master, mariner or as a chief engineer officer, or a person holding a certificate equivalent to any such certificate; (b) a naval architect; (c) a person with at least ten years practicing as an advocate at law; or (d) a person with special experience of shipping matters, or of activities carried on in ports. - 391 Verify source ↗
Compensation in connection with invalid prohibition notices
An arbitrator may award compensation to a person served with a prohibition notice, but only in the circumstances set out here, and the compensation is paid out of the Treasury.
391.–(1) Where in a reference made under section 390 relating to a prohibition notice- (a) the arbitrator decides that any reason or matter did not constitute a valid basis for the inspector’s opinion; and (b) it appears to the arbitrator that there were no reasonable grounds for the inspector to form that opinion, the arbitrator may, subject to subsection (2), award the person on whom the notice was served such compensation in respect of any loss suffered by him in consequence of the service of the notice as the arbitrator thinks fit. (2) An arbitrator shall not award any compensation under subsection (1) in the case of any prohibition notice unless- (a) it appears to him that the direction given in pursuance of section 388(3)(d) contained any such requirement as is mentioned in subparagraph (ii) of that provision; or (b) it appears to him that- (i) the inspector was of the opinion that there would be such a risk of injury as is referred to in the notice if the ship went to sea; and 217 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Offences relating to improvement and prohibition notices (ii) the effect of the direction given in pursuance of section 388(3)(d) was to prohibit the departure of the ship unless the matters, or, as the case may be, the matters and contraventions referred to in the direction were remedied. (3) A compensation awarded under this section shall be payable out of the Treasury. - 392 Verify source ↗
Offences relating to improvement and prohibition notices
A person who ignores an improvement notice or prohibition notice commits an offence and may be fined or imprisoned, or both.
392.–(1) A person, who contravenes any requirement imposed by an improvement notice, commits an offence and on conviction, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars one thousand or to imprisonment for a term not exceeding six months or to both. (2) A person, who contravenes any prohibition imposed by a prohibition notice, commits an offence and on conviction, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars one thousand, or to imprisonment for a term not exceeding six months or to both. (3) It shall be a defence for a person charged with an offence under this section to prove that he exercised all due diligence to avoid a contravention of the requirement of prohibition in question. (4) In this section, any reference to an improvement notice or a prohibition notice includes a reference to any such notice as modified under section 388. PART XXI INQUIRIES AND INVESTIGATIONS INTO MARINE CASUALTIES Investigation of shipping casualties Act No. 13 of 2019 s. 60
Part
PART XXI
- 393 Verify source ↗
394. Formal investigation
The Registrar must arrange a marine safety investigation for listed casualties, and the Minister may order a formal investigation after that investigation is held.
393.–(1) Where any of the following casualties occur, that is to say- (a) The loss or presumed loss, stranding, grounding, abandonment of damage to ship; 218 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (b) a loss of life or serious injury to any person, caused by fire on board, or by any accident to a ship or ship’s boat, or by any accident occurring on board a ship or ship’s boat; or (c) any damage caused by a ship, and, at the time it occurs, the ship was a Tanzanian ship or the ship or ship’s boat was in Tanzanian waters, the Registrar shall cause a marine safety investigation into the casuality to be held by a person appointed by the Registrar, and that person shall have the powers conferred on an inspector under section 383. (2) Where a marine safety investigation into the casualty has been held under subsection (1), the Minister may cause a formal investigation to be held by a Board appointed for that purpose. (3) For purposes of this section “marine safety investigation” includes the collection of and analysis of evidence, the identification of causal factors and the making of safety recommendation into a marine casualty or marine incident conducted with the objective of preventing marine casualties and marine incidents. - 394 Verify source ↗
Formal investigation
A formal investigation board for a shipping casualty must be properly constituted, the Board must report to the Minister, and an officer must hand over a certificate if it is cancelled or suspended.
394.–(1) A Board holding a formal investigation into a shipping casualty under section 393 shall consist of a Judge of the High Court or a Principal Resident Magistrate or an advocate of at least ten years experience who shall be assisted by one or more assessors appointed by the Minister; such assessors being persons with requisite skills and knowledge in maritime matters. (2) Where in any investigation, any question as to the cancellation or suspension of the certificate issued to an officer in pursuance of any regulations made under section 162(2) is likely to arise, there shall be not less than two assessors. (3) Where as a result of the investigation the Board is satisfied, with respect to any officer, or any of the matters mentioned in paragraphs (a),(b) and (c) of section 175(1) and, if in a matter mentioned in paragraph (a) or (b) of that section, 219 Formal investigation Act No. 13 of 2019 s. 60 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] is further satisfied that it caused or contributed to the accident, the Registrar may cancel or suspend any certificate issued to the officer under regulations made pursuant to section 162(2) or censure him; and where the Registrar cancels or suspends the certificate, the officer shall deliver the certificate to the Board or Registrar. (4) An officer who fails to deliver a certificate as required under subsection (3), commits an offence and on conviction, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars two thousand or to imprisonment for a term not exceeding twelve months or to both. (5) Where a certificate has been cancelled or suspended under this section, the Minister may, if of the opinion that the justice of the case requires it, re-issue the certificate or, as the case may be, reduce the period of suspension and return the certificate, or may grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate. (6) The Board may make such awards as it thinks just with regard to the costs or, as the case may be, expenses of the investigation, and with regard to the parties by whom those costs or expenses are to be paid and any such award of the Board may, on the application of any party named in it, be enforced by an order of the court. (7) The provisions of subsections (2), (3) and (4) shall apply to endorsements of certificates in the same manner as they apply to certificates. (8) The Board shall make a report on the investigation to the Minister. Re-hearings and appeals - 395 Verify source ↗
Re-hearings and appeals
After an investigation under section 394, the Minister may order the case to be reheard if there is new important evidence or suspected miscarriage of justice.
395.–(1) Where a formal investigation has been held under section 394, and- (a) new and important evidence which could not have been reasonably produced at the inquiry or investigation has been discovered; or 220 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (b) it appears to the Minister that there are substantial grounds for suspecting that a miscarriage of justice may have occurred, the Minister may order the whole or part of the case to be reheard. (2) An order under subsection (1) shall provide for the rehearing to be made by the Board which held the investigation or by the High Court. (3) Any rehearing under this section shall be conducted in accordance with rules made under section 394 and 396 shall apply in relation to a rehearing of an investigation by a Board as it applies in relation to the holding of an investigation. (4) Where the Board holding the investigation has decided to cancel or suspend the certificate of any person issued pursuant to any regulations made under section 162(2), or has found any person at fault, then if no application for an order under subsection (1) has been made, or if such application has been refused, that person or any other person who, having an interest in the investigation has appeared at the hearing and is affected by the decision or finding, may appeal to the court. - 396 Verify source ↗
Rules relating to inquireies and investigations
The Minister may make rules about inquiries, formal investigations, and rehearings not held by the High Court.
396.–(1) The Minister may, make rules for the conduct of inquiries under section 393, for formal investigations under section 394, and for the conduct of any rehearing under section 395 which is not held by the High Court. (2) Without prejudice to the generality of subsection (1), rules made under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected and rehearing by the Board. Rules relating to inquireies and investigations Inquireies into and reports on deaths and injuries - 397 Verify source ↗
398. Transmission of particulars of certain deaths on ships
This section requires or allows inquiries into certain deaths connected to ships, and the Minister must later make the inquiry report available to specified people.
397.–(1) Subject to the provisions of subsection (6), where- (a) any person dies in a Tanzanian ship or in a boat or life- raft from such a ship; or (b) the master of, or a seafarer employed in, such a ship dies in a country outside Tanzania, an inquiry into the cause of the death shall be held by the Registrar or 221 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] a proper officer at the next port where the ship calls after the death, or at such other place as the Minister may direct. (2) Subject to the provisions of subsection (6), where it appears to the Minister that- (a) in consequence of an injury sustained or a disease contracted by a person when he was the master of, or a seafarer employed in a Tanzanian ship, he ceased to be employed in the ship and subsequently died; and (b) the death occurred in a country outside Tanzania during the period of one year beginning with the day on which he so ceased, the Minister may arrange for an inquiry into the cause of the death to be held by the Registrar or a proper officer. (3) Subject to subsection (6), where it appears to the Minister that a person may- (a) have died in a Tanzanian ship or in a boat or life-raft from a ship; or (b) have been lost from a ship, boat or life-raft and have died in consequence of being so lost, the Minister may arrange for inquiry, to be held by the Registrar or proper officer. (4) The Registrar or proper officer holding the inquiry shall, for the purpose of the inquiry, have the powers conferred on an Inspector by section 385. (5) The person holding the inquiry shall make a report of his findings to the Minister who shall thereafter make the report available- (a) where the person to whom the report relates was employed in the ship and a person requesting it was named as his next of kin in the crew agreement or list of the crew in which the name of the person to whom the report relates last appeared, to the persons so named; and (b) in any case, to any person requesting it who appears to the Minister to be interested. 222 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (6) An inquiry shall not be held under this section where a coroner’s inquest is to be held. Transmission of particulars of certain deaths on ships - 398 Verify source ↗
Transmission of particulars of certain deaths on ships
If an inquest is held, or a post mortem leads the coroner to decide an inquest is unnecessary, the coroner must send prescribed particulars about the deceased to the Registrar.
398. Where an inquest is held into a death, or a post mortem examination is made of a dead body as a result of which the coroner is satisfied that an inquest is unnecessary, it shall be the duty of the coroner to send to the Registrar, particulars in respect of the deceased of a kind prescribed by regulations made by the Minister. Offences by officers of bodies corporate PART XXII LEGAL PROCEEDINGS (a) Prosecution of Offences
Part
PART XXII
- 399 Verify source ↗
Offences by officers of bodies corporate
If a company commits an offence and an officer’s consent, connivance, or neglect is proved, that officer can also be prosecuted and punished. A person authorised to serve documents for proceedings under the Act has a right to go on board the ship for that purpose.
399.–(1) Where a body corporate commits an offence under this Act or any instrument made under it, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a Director- General, Manager or other similar officer of the body corporate, or any person who was purporting to act in such a capacity, he as well as the body corporate commits offence and shall be liable to be proceeded against and punished accordingly. (2) Any document required or authorised by virtue of any statutory provision, to be served on a foreign company for purposes of the institution of, or in connection with, proceedings for an offence under this Act alleged to have been committed by the company as the owner of a ship, shall be treated as duly served on that company if the document is served on the master of the ship; and any person authorised to serve any document for purposes of the institution of, or in connection with proceedings for an offence under this Act, whether or not in pursuance of the foregoing provisions of this subsection, shall, for that purpose, have the right to go on board the ship in question. 223 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (3) Subject to the provisions of subsection (2), “foreign Cap. 212 company”has the same meaning as in the Companies Act. Persons who may prosecute - 400 Verify source ↗
Persons who may prosecute
An officer appointed under this Act may conduct prosecutions for offences under the Act if the Director of Public Prosecutions authorises that officer in writing, on the Registrar’s request.
400. Prosecutions in respect of offences under this Act may, without prejudice to the provisions of any other enactment relating to prosecutions, be conducted by any officer appointed under this Act and authorised in writing in that behalf by the Director of Public Prosecutions as requested by the Registrar. Prosecution of offences and penalties Compound of offences Act No. 13 of 2019 s. 62 - 401 Verify source ↗
Prosecution of offences and penalties
A person who commits an offence under this Act without a specific penalty can be fined, imprisoned for up to six months, or both. If the offence is continuing, the person can also be fined for each day or part day after conviction.
401.–(1) A person who commits an offence under this Act, for which no specific penalty is provided, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars one thousand or to imprisonment for a term not exceeding six months or to both. (2) Where an offence under this Act is a continuing one, and no penalty is provided in respect of the continuance thereof else where than in this section, every person who commits that offence, shall, in addition to anyother liability, be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars one thousand for every day or part thereof during which the offence continues after conviction. - 402 Verify source ↗
Compound of offences
The Corporation may compound certain offences if the offender pays a sum not exceeding the Tanzanian shilling equivalent of US$2,500.
402.–(1) The Corporation may compound any offence under this Act which is prescribed to be an offence compoundable by the Corporation on payment by the person who committed such offence of a sum of money not exceeding the equivalent in Tanzanian shillings of the United States dollars two thousand five hundred. (2) On the payment of any sum of money under subsection (1)- (a) the person who committed the offence in respect of which the payment has been made shall, if in custody, be discharged; (b) any ship detained in respect of such offence shall be released; and 224 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (c) no further proceedings shall be taken against such person or ship in respect of such offence. - 403 Verify source ↗
Relief from prosecution
No action may be brought against the Government, a public officer, or another authorised person for acts or omissions done in good faith under this Act.
403. An action shall not lie against the Government or any public officer or other person appointed or authorised to perform any function under this Act in respect of anything done or omitted to be done by him bona fide in the exercise or performance of any power, authority or duty conferred or imposed on him under this Act. (b) Jurisdiction - 404 Verify source ↗
405
This provision says where offences and complaints under the Act are treated as having occurred in Tanzania, for jurisdiction purposes.
404.–(1) For the purpose of conferring jurisdiction in relation to offences- (a) any offence under this Act shall be deemed to have been committed in any place in Tanzania where the offender may be for the time being; and (b) any matter of complaint under this Act shall be deemed to have arisen in any place in Tanzania where the person complained against may be for the time being. (2) The jurisdiction under subsection (1), shall be in addition to, and not in derogation of any jurisdiction or power of the court under any other enactment. - 405 Verify source ↗
Jurisdiction in relation to offences
If a court’s area is on the coast or near navigable water, it has jurisdiction over offences under this Act involving vessels in that water and people on board those vessels.
405. Where the area within which the court has jurisdiction is situated on the coast of the sea or abuts on or projects into any bay, channel, or other navigable water, the court shall have jurisdiction as respects offences under this Act over any vessel being on, lying or passing off that coast or being in or near that bay, channel, or navigable water and over all persons on board that vessel or for the time being belonging to it. - 406 Verify source ↗
407. Offences committed by Tanzania seafarers
A Tanzanian court may try certain offences under the Act when the charged person and ship/location conditions in the section are met.
406. Where any person is charged with having committed any offence under this Act, the person- Relief from prosecution Jurisdiction in relation to offences Jurisdiction over ships lying off coasts Jurisdiction in case of offences done on board ship 225 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (a) where he is a Tanzanian citizen and is charged with having committed it- (i) on board any Tanzanian ship on the high seas; (ii) (iii) on board any foreign ship to which he does not in any foreign port or harbour; or belong; or (b) where he is not a Tanzanian citizen and is charged with having committed the offence on board any Tanzanian ship on the high seas, and he is found within the jurisdiction of the court in Tanzania which would have had jurisdiction in relation to the offence if it had been committed on board a Tanzanian ship within the limits of its ordinary jurisdiction to try the offence, the court shall have jurisdiction to try the offence as if it had been so committed. - 407 Verify source ↗
Offences committed by Tanzania seafarers
Certain acts done outside Tanzania by a master or seafarer employed on a Tanzanian ship can count as offences under Tanzanian law.
407.–(1) Any act in relation to property or person done in or at any place, ashore or afloat, outside Tanzania by any master or seafarer who at the time when the offence is committed is employed in a Tanzanian ship, which, if done in any part of Tanzania would be an offence under the law of Tanzania, shall- (a) be an offence under that law; and (b) be treated for purposes of jurisdiction and trial, as if it had been done within the jurisdiction of the court or the Resident Magistrates’ Court. (2) The provisions of subsection (1), also applies in relation to a person who had been so employed within the period of three months expiring with the time when the act was done. - 408 Verify source ↗
Return of offenders
A Tanzanian consular officer may investigate certain complaints about offences by seafarers and arrange for offenders and witnesses to be sent to Tanzania, with limits on when and how ship masters can be required to carry them.
408.–(1) The powers conferred on a Tanzanian consular officer by the provisions of subsection (2), are exercisable in the event of any complaint being made to him- (a) that any offence against property or persons has been committed at any place, ashore or afloat, outside Tanzania by any master or seafarer who at the time when the offence was committed, or within three 226 Offences committed by Tanzania seafarers Return of offenders ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] months before that time, was employed in a Tanzanian ship; or (b) that any offence on the high seas has been committed by any master or seafarer belonging to any Tanzanian ship. (2) Subject to the provisions of subsection (1), the powers conferred on a Tanzanian consular officer are- (a) to inquire into the case upon oath; and (b) where the case so requires, to take any steps in his power for the purpose of placing the offender under the necessary restraint and sending him by a Tanzanian ship as soon as practicable in safe custody to Tanzania for proceedings to be taken against him. (3) The Tanzanian consular officer may, subject to the provisions of subsections (4) and (5), order the master of any Tanzanian ship bound for Tanzania to receive and carry the offender and the witnesses to Tanzania, and the officer shall endorse upon the agreement of the ship such particulars with respect to them as the Registrar requires. (4) A consular officer shall not exercise the power conferred by subsection (3), unless no more convenient means of transport is available or it is available only at disproportionate expense. (5) A master of a ship shall not be required under subsection (3), to receive more than one offender for every 100 tons of his ship’s gross tonnage, or more than one witness for every 50 tons of his ship’s gross tonnage. (6) The master of any ship to whose charge an offender has been committed under subsection (3), shall, on his ship’s arrival in Tanzania give the offender into the custody of a police officer. (7) A master of a ship, who after being required under subsection (3), to receive and carry any offender or witness in his ship- 227 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (a) fails to receive and carry any offender or witness; or (b) in the case of an offender, fails to deliver him as required by subsection (6), commits an offence and on conviction, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars one thousand or to imprisonment for a term not exceeding six months or to both. (8) The expense of imprisoning any such offender and of carrying him and witnesses to Tanzania otherwise than in the ship to which they respectively belong, shall be paid out of money provided in the Treasury. (9) References in this section of carrying a person in a ship include affording him subsistence during the voyage. (c) Detention of Ship and Distress on Ship Enforcing detention of ship - 409 Verify source ↗
Enforcing detention of ship
Certain officers may detain a ship that must be detained, and customs must not clear it outwards. Detained ships must be released once the stated conditions are met.
409.–(1) Where under this Act a ship is to be detained, any of the following officers may issue an order for detention and detain the ship- (a) the Registrar; (b) any surveyor of ships authorised by the Registrar for the purpose; (c) any proper officer; and (d) any person authorised in writing by the Registrar. (2) Where a ship which has been detained, or in respect of which notice of detention or an order for detention has been served on the master, proceeds to sea before it is released by a competent authority, the master of the ship commits an offence and on conviction, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars fifty thousand or to imprisonment for a term not exceeding five years or to both. (3) The owner of a ship, and any person who sends to sea a ship, in respect of which an offence is committed under subsection (2) or is a party or privy to the offence, commits an offence under that subsection and shall be liable accordingly. 228 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (4) Where a ship proceeding to sea in contravention of subsection (2), takes to sea, any officer authorised by subsection (1), to detain the ship, who is on board the ship in the execution of his duty, the owner and master of the ship shall each- (a) be liable to pay all expenses of, and incidental to, the officer being so taken to sea; and (b) be guilty of an offence. (5) A person who commits an offence under subsection (4), on conviction shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars seventy five thousand or to imprisonment for a term not exceeding five years or to both. (6) Where under this Act, a ship is to be detained, an officer of customs shall refuse to clear the ship outwards or grant a transire to the ship. (7) When any provision of this Act provides that a ship may be detained until any document is produced to the officer of customs, the officer able to grant a clearance or transire of the ship is, unless the context otherwise requires, that officer. (8) A reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea and references to sending or taking to sea shall be construed accordingly. (9) A person exercising the power of detention in respect of an alleged contravention of this Act shall immediately release the ship if- (a) no proceedings for the offence in question are instituted within seven days beginning with the day of which the ship is detained; (b) such proceedings, having been instituted through exercise of the power conferred by subsection (1) within that period, are concluded without the master of a ship or owner being convicted; (c) either- 229 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (i) the sum of the equivalent in Tanzanian shillings of the United States dollars one hundred and fifty thousand is paid to the Minister by way of security; or (ii) security which, in the opinion of the Minister, is satisfactory and is for an amount not less than the equivalent in Tanzanian shillings of the United States dollars fifty thousand is given to the Minister by or on behalf of the master or owner; (d) the master or owner is convicted of the offence, any costs or expenses ordered to be paid by him, and any fine imposed on him, have been paid; or (e) the release is ordered by a court or tribunal referred to in Article 292 of the United Nations Convention on the Law of the Sea 1982, and any bond or other financial security ordered by such a court or tribunal is posted. (10) The Minister shall repay any sum paid in pursuance of subsection (9)(c) or release any security so given- (a) where no proceedings for the offence in question are instituted within seven days beginning with the day on which the sum is paid; or (b) if such proceedings, having been instituted within that period, are concluded without the master of a ship or owner being convicted. (11) Where a sum has been paid, or security has been given, by any person in pursuance of subsection (9)(c) and the master or owner is convicted of the offence in question, the sum so paid or the amount made available under the security shall be applied as follows- (a) first, in payment of any costs or expenses ordered by the court to be paid by the master or owner of the ship; and (b) next in payment of any fine imposed by the court, and the balance shall be repaid to the person paying the sum, or giving the security. 230 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Sums ordered to be paid leviable by distress on ship Depositions of persons abroad admissible - 410 Verify source ↗
Sums ordered to be paid leviable by distress on ship
The Magistrate’s Court may enforce unpaid sums, fines, or costs against a ship or its master/owner by distress, and in some cases by arrestment and sale of the ship and gear.
410.–(1) Where the Magistrate’s Court makes an order directing payment of any seafarer’s wages, fines or other sums of money, then, if the person directed to pay is the master or owner of the ship and the money directed to be paid is not paid in accordance with the order, the Magistrate’s Court which made the order may direct the amount remaining unpaid to be levied by distress. (2) Where a fine imposed by a Magistrate’s Court in proceedings against the owner or master of a ship for an offence under this Act is not paid, or any costs or expenses ordered to be paid by him are not paid at the time ordered by the court, the court shall, in addition to any other powers for enforcing payment, have power to direct the amount remaining unpaid to be levied by distress or arrestment and sale of the ship, her tackle, furniture and apparel. (3) Where a person is convicted of an offence under this Act and the court imposes a fine in respect of the offence, then if it appears to the court that any person has incurred, or will incur, expenses in making good any damage which is attributable to the offence, the court may order the whole or part of the fine to be paid to that person for defraying those expenses. (d) Special Evidentiary Provisions - 411 Verify source ↗
Depositions of persons abroad admissible
A deposition made outside Tanzania may be admitted in evidence if the witness cannot be found in Tanzania and the subsection’s conditions are met.
411.–(1) Where the evidence of any person is required in the course of any legal proceeding before a judge or magistrate in relation to the subject matter of the proceedings and it is proved that, that person cannot be found in Tanzania, any deposition that he may have previously made at a place outside Tanzania in relation to the same subject matter shall, subject to the provisions of subsection (2), be admissible in evidence in those proceedings. (2) For a deposition to be admissible under subsection (1), in any proceedings, the deposition must- (a) have been taken on oath; (b) have been taken before a judge or magistrate or a Tanzania consular officer in any other place; 231 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (c) be authenticated by the signature of the judge, magistrate or officer taking it; and (d) where the proceedings are criminal proceedings, have been taken in the presence of the accused, and, in a case falling within paragraph (d), the deposition shall be certified by the judge, magistrate or officer taking it to have been taken in the presence of the accused. (3) A proof need not be given of the signature or official character of the person appearing to have signed any such deposition and, in any criminal proceedings, a certificate stating that the deposition was taken in the presence of the accused shall, unless the contrary is proved, be evidence of that fact. (4) This section also applies to proceedings before any person authorised by law or consent of the parties to receive evidence. (5) This section shall not affect the admissibility in evidence of depositions under any other enactment or the practice of the court. - 412 Verify source ↗
Admissibility in evidence and inspection of certain documents
Certain listed shipping documents are admissible as evidence, and if held by the Registrar, are open to public inspection.
412.–(1) The following documents shall be admissible in evidence and, when in the custody of the Registrar, shall be open to public inspection- (a) documents purporting to be submissions to or decisions by the Registrar or proper officers under section 27; (b) the official log book of any ship kept under section 190 and, without prejudice to section 413(2), any document purporting to be a copy of an entry therein and to be certified as a true copy by the master of the ship; (c) crew agreements, lists of crews made under section 111 and notices given under Part VIII of additions to or changes in crew agreements and lists of crews; (d) returns or reports under section 340; and (e) documents transmitted to the Registrar under this section. (2) A certificate issued under regulations made pursuant to section 162 shall be admissible in evidence. 232 Admissibility in evidence and inspection of certain documents ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Admissibility of documents in evidence - 413 Verify source ↗
Admissibility of documents in evidence
Documents declared admissible under this Act can be used in evidence if produced from proper custody, and certified copies or extracts may also be used if the stated conditions are met.
413.–(1) Where a document is by this Act declared to be admissible in evidence such document shall on its production from proper custody- (a) be admissible in evidence in any court or before any person having by law or consent of parties authority to receive evidence; and (b) subject to all just exceptions, be evidence of the matters stated in the document. (2) A copy of, or extract from, any document so made admissible in evidence shall, subject to subsection (3), also be admissible in evidence and evidence of the matters stated in the document. (3) A copy of, or extract from, a document shall not be admissible by virtue of subsection (2), unless- (a) it is proved to be an examined copy or extract; or (b) it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted, and that officer shall furnish the certified copy or extract to any person who applies for it at a reasonable time and pays such fee as the Registrar determines. (4) A person shall, on payment of fee as the Registrar determines, be entitled to have a certified copy of any declaration or document, a copy of which is made evidence by this Act. (5) Where any officer having duties of certification under subsection (3), in relation to any document intentionally certifies any document as being a true copy or extract knowing that the copy or extract is not a true copy or extract commits an offence and on conviction, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars two thousand or to imprisonment for a term not exceeding twelve months or to both. - 414 Verify source ↗
415. Proof of exemptions
The Registrar may provide a copy or reproduction for public inspection instead of the original document, but must still make the original available if the copy is illegible.
414.–(1) Where under any enactment, a document is open to public inspection when in custody of the Registrar- 233 Inspection and admissibility in evidence of copies of certain documents ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (a) there may be supplied for public inspection a copy or other reproduction of the document instead of the original; and (b) the original shall nevertheless be made available for public inspection where the copy or other reproduction is illegible. (2) Where the Registrar destroys any document which has been sent to him under or by virtue of any enactment and keeps a copy or other reproduction of that document, then- (a) any enactment providing for that document to be admissible in evidence or open to public inspection; and (b) in the case of a document falling within subsection (1), shall apply to the copy or other reproduction as if it were the original. (3) For purposes of this section, and of section 410(2) in its application to documents in the custody of the Registrar, a copy is to be taken to be the copy of a document notwithstanding that it is taken from a copy or other reproduction of the original. - 415 Verify source ↗
Proof of exemptions
A defendant may plead and prove any exception, exemption, excuse, or qualification that applies to an offence under the Act.
415.–(1) Where any exception, exemption, excuse or qualification applies in relation to an offence under this Act, it may be pleaded and proved by the defendant. (2) This section applies in relation to an offence whether or not the exception, exemption, excuse or qualification is contained in the section creating the offence. Proof of exemptions Services of documents - 416 Verify source ↗
Services of documents
This section says how a notice or document may be served, including by delivery, leaving it at the proper address, or posting it, with special rules for ships, bodies corporate, partnerships, and notices to inspectors.
416.–(1) A notice or document authorised or required to be served on any person may be served on that person- (a) by delivering it to him; (b) by leaving it at his proper address; or (c) by sending it by post to him at his proper address. (2) A document required to be served on the master of a ship may be served- 234 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (a) where there is a master, by leaving it for him on board the ship with the person appearing to be in command or charge of the ship; and (b) where there is no master, on- the managing owner of the ship; or (i) (ii) where there is no managing owner, on any agent of the owner; or (iii) where no such agent is known or can be found, by leaving a copy of the document fixed to the master of the ship. (3) A document authorised or required to be served on any person may- (a) in the case of a body corporate, be served on the chief executive or clerk of that body; or (b) in the case of a partnership, be served on a partner or a person having the control or management of the partnership business. (4) A notice authorised by section 387 or 388 to be given to an inspector may be given by delivering it to him or by leaving it at, or sending it by post to his office. (5) For purposes of this section, the proper address of any person on whom any document is to be served shall be his last known address, except that- (a) in the case of a body corporate or their chief executive or clerk, it shall be the address of the registered or principal office of that body; or (b) in the case of a partnership or a person having the control or management of the partnership business, it shall be the principal office of the partnership, and for purposes of this subsection, the principal office of a company registered outside Tanzania shall be its principal office in Tanzania. (6) Where the person to be served with any notice has, whether in pursuance of registration regulations or otherwise, specified an address in Tanzania other than his proper address within the meaning of subsection (5), as the one at which 235 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for purposes of this section as his proper address. PART XXIII SUPPLEMENTARY (a) Administration Indemnity General power to dispense
Part
PART XXIII
- 417 Verify source ↗
418. General power to dispense
A lawsuit cannot be brought against the Government, a public officer, or another person appointed or authorised under this Act for acts or omissions done in good faith while exercising powers, authority, or duties under the Act.
417. An action shall not lie against the Government or any public officer or other person appointed or authorised to perform any function under this Act in respect of anything done or omitted to be done by him in good faith in the exercise or performance of any power, authority or duty conferred or imposed on him under this Act. - 418 Verify source ↗
General power to dispense
The Minister may exempt a ship from a specified requirement or allow non-observance of it, subject to conditions and satisfaction of the matters in subsection (2).
418.–(1) The Minister may, and upon such conditions, as he thinks fit to impose, exempt any ship from any specified requirement of, or prescribed under this Act, or dispense with the observance of any such requirement in the case of any ship, if he is satisfied, as respects that requirement, of the matters specified in subsection (2). (2) The matters specified under subsection (1) include- (a) that the requirement has been substantially complied with in the case of that ship or that compliance with it is unnecessary in the circumstances; and (b) that the action taken or provision made as respects the subject matter of the requirement in the case of the ship is as effective as, or more effective than, actual compliance with the requirement. Nautical assessors - 419 Verify source ↗
Nautical assessors
A nautical assessor appointed under the Act must be paid remuneration from money provided by the Treasury.
419. There shall be paid to any nautical assessor appointed under this Act such remuneration, out of money provided by the Treasury. 236 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Returns to Registrar Forms - 420 Verify source ↗
Returns to Registrar
All consular officers of Tanzania must send the Registrar reports on matters relating to Tanzania seafarers when the Registrar requires them.
420. All consular officers of Tanzania shall make and send to the Registrar such reports on any matter relating to Tanzania seafarers as the Registrar may require. - 421 Verify source ↗
Forms
The Registrar may approve and change forms for required books, instruments, or papers. Those items must be made in the approved form, and knowingly using or selling a false approved form is an offence.
421.–(1) The Registrar may prepare and approve forms for any book, instrument or paper required under this Act and may alter such forms as he thinks fit. (2) Every book, instrument or paper provided for under subsection (1), shall be made in the form approved by the Registrar, or as near as circumstances permit; and unless so made shall not be admissible in evidence in any civil proceedings on the part of the owner or master of any ship. (3) Every book, instrument or paper if made in a form purporting to be the proper form and to be marked in accordance with subsection (2), shall be deemed to be in the form required by this Act, unless the contrary is proved. (4) Where any person prints, sells or uses any document purporting to be a form approved by the Registrar knowing that the document is not the form approved or that the document has not been prepared or issued by the Registrar, that person commits an offence and on conviction, shall be liable to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars twenty thousand or to imprisonment for a term not exceeding three years or to both. (b) Financial Provisions Fees - 422 Verify source ↗
Fees
The Minister may make regulations setting fees under the Act, and all fees payable under the Act must be paid to the Registrar.
422.–(1) The Minister may make regulations prescribing fees to be charged in respect of- (a) the issue or recording in pursuance of this Act of any certificate, licence or other document; or (b) the doing of any thing in pursuance of this Act. (2) In the case of fees for the measurement of a ship’s tonnage the fees may be prescribed as maximum fees. (3) All fees payable under this Act shall be paid to the Registrar. 237 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Expenses charge on money provided by Registrar Act No. 13 of 2019 s. 63 Safety and security regulations - 423 Verify source ↗
Expenses charge on money provided by Registrar
Certain expenses and other amounts are payable out of money provided by the Registrar.
423. The following expenses and other amounts shall be payable out of money provided by the Registrar- (a) the expenses incurred by the Minister under this Act; (b) the expenses of obtaining depositions, reports and returns respecting wrecks and casualties; (c) such sums as the Registrar may, in his discretion, think fit to pay in respect of claims on account of the proceeds of wreck; (d) the expenses incurred in respect of a receiver of wreck in the performance of his duties; (e) such expenses as the Registrar directs for affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea, or rewarding the preservation of life in such cases; and (f) any other amounts which are by virtue of any provision of this Act payable out of money provided by the Registrar. (c) Regulations relating to Safety and Security - 424 Verify source ↗
Safety and security regulations
The Minister may make regulations for ship safety and security, health protection, giving effect to certain international agreements, and the safety and security of other ships in Tanzanian ports.
424.–(1) Without prejudice to any other provisions of this Act, the Minister may make regulations making provisions as he considers appropriate for all or any of the following purposes- (a) for securing the safety and security of ships registered in Tanzania and persons on them and for protecting the health of persons on Tanzanian ships; (b) for giving effect to any provisions of an international agreements so far as the agreement relates to the safety and security of other ships or persons on them, or to the protection of the health of persons on other ships; and (c) for securing the safety and security of other ships and persons on them while they are within a port in Tanzania. (2) Regulations made under subsection (1) may- (a) make different provisions for different circumstances and, in particular, make provisions for an individual case; 238 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Application of Act to non-Tanzanian ships Application of International Convetions to Act (b) be made so as to apply only in such circumstances as are prescribed by the regulations; (c) be made so as to extend outside Tanzania; (d) contain such incidental and transitional provisions as the Minister considers appropriate. (d) Application of Act to Certain Descriptions of Ships - 425 Verify source ↗
Application of Act to non-Tanzanian ships
The Minister may make regulations that apply specified provisions to described non-Tanzanian ships, and to the masters and seafarers employed on them.
425.–(1) Without prejudice to the provisions of section 3, the Minister may make regulations specifying any description of non-Tanzanian ships and directing that such of the provisions of this Act and of instruments under this Act as may be specified in the regulations- (a) shall extend to non-Tanzanian ships of that description and to masters and seafarers employed in them; or (b) shall so extend in such circumstances as may be so specified, with such modifications, if any, as may be so specified. (2) In this section, “non-Tanzanian ships” means ships that are not registered in Tanzania. (e) International Conventions and Regional Arrangements - 426 Verify source ↗
Application of International Convetions to Act
The Minister must publish certain ratified international conventions and related instruments in the Gazette, and the Registrar must keep copies and make them available for inspection or copying.
426.–(1) The provisions of this section and 427 shall apply in respect of ratified International Conventions, including amendments thereto and replacements thereof and other international instruments. (2) The Minister shall, by notice in the Gazette, publish ratified International Conventions relating to ships and merchant shipping including amendments thereto and replacements thereof and other international instruments which apply to the United Republic of Tanzania, the reservations, if any, entered thereon by the United Republic of Tanzania as well as those International Conventions, including amendments thereto and replacements thereof and other international instruments which cease to apply to the United Republic of Tanzania. (3) The Registrar shall keep in his office a copy of- 239 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] (a) all the International Conventions and instruments referred to in subsection (2) that are ratified and have application in the United Republic of Tanzania; and (b) all regulations and notices made pursuant to this Act, and such copies shall be made available for inspection or, upon payment of a prescribed fee, for the taking of copies thereof by members of the public, seafarers or persons concerned with or having an interest in ships or merchant shipping. Implementation of treaties - 427 Verify source ↗
428. Conventions to prevail
The Minister may make regulations to give effect to international shipping or marine pollution agreements, treaties, or instruments to which Tanzania is a party.
427. For purposes of giving effect to any international agreement or other international treaty or instrument relating to shipping or the prevention of pollution of the marine environment, to which Tanzania is a party, the Minister may make such regulations, as appear to him to be necessary. Conventions to prevail - 428 Verify source ↗
Conventions to prevail
If an international convention or instrument applying to Tanzania conflicts with this Act, the convention or instrument prevails unless the Minister provides otherwise.
428. Where an international convention or other international instrument applies to Tanzania and a provision of that convention or instrument conflicts with a provision of this Act in any manner, the provision of the convention or instrument shall prevail unless the Minister otherwise provides. Contravention of International Conventions - 429 Verify source ↗
Contravention of International Conventions
The Registrar may suspend a Tanzanian ship’s certificate of registration if the ship is in breach of an applicable international convention or other international instrument, until the breach is fixed.
429. Where, in respect of any Tanzanian ship, there is any contravention of a requirement of any international convention or other international instrument which applies to Tanzania, the Registrar may suspend the certificate of registration of the ship until the contravention is rectified. (f) Final Provisions Minister’s general powers to make rules and regulations - 430 Verify source ↗
Minister’s general powers to make rules and regulations
The Minister may make regulations to prescribe forms, prescribe anything the Act allows to be prescribed, and generally carry out the Act’s purposes and provisions.
430. The Minister may make regulations for- (a) prescribing the forms to be used for purposes of this Act; (b) prescribing any thing which under this Act may be prescribed; and (c) generally for carrying out the purposes and provisions of this Act. 240 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Repeals Act No. 43 of 1967 Ord. No. 1 of 1938 Transition and savings Act No. 43 of 1967 Ord. No. 1 of 1938 - 431 Verify source ↗
Repeal
This section repeals the Merchant Shipping Act and the Inland Waters Transport Ordinance.
431.–(1) [Repeals the Merchant Shipping Act.] (2) [Repeals the Inland Waters Transport Odinance.] - 432 Verify source ↗
Transition and savings
Existing shipping-related subsidiary legislation, licences, certificates, and administrative directions made under the repealed law continue as if made under this Act.
432. Notwithstanding the repeal of the Merchant Shipping Act, and the Inland Waters Transport Ordinance, subsidiary legislation, licences, certificates and all administrative orders, directions or instructions made, given under or in pursuance of the provisions of the Merchant Shipping Act, which are in force on the commencement of this Act, shall be deemed to have been made, given or issued under or in pursuance of the provisions of this Act, and shall remain in force until revoked, replaced or rescinded by subsidiary legislation, licences, certificates or any administrative orders directions or instructions made or issued under this Act. PART XXIV CONSEQUENTIAL AMENDMENTS Omitted
Part
PART XXIV
- 433 Verify source ↗
434 [Omitted.]
This section is omitted; the text only shows a schedule about the Board of Trustees of the Maritime Education and Training Fund.
433.–434 [Omitted.] SCHEDULE (Made under section 170(4)) BOARD OF TRUSTEES OF THE MARITIME EDUCATION AND TRAINING FUND Composition
Part
SCHEDULE
- 1 Verify source ↗
Short title
This section sets out who makes up the Board of Trustees and says the Minister appoints certain listed members.
1.–(1) The Board of Trustees shall consist of- (a) the Registrar who shall be the Chairman; (b) one member representing the ship owners; (c) the Rector of the Maritime Institute; (d) one member from the Maritime Administration in Tanzania Mainland; (e) one representative from a seafarers association/ organisation; (f) one representative the East African Community from Secretariat; (g) the Director General of Tanzania Ports Authority; (h) two other members from the public. (2) The Members specified under paragraphs (b), (d), (e), (f) and (h) shall be appointed by the Minister. 241 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Vice-Chairman Tenure Termination of appointment Notice of resignation Temporary member - 2 Verify source ↗
Interpretation
Board members must elect one of themselves as Vice-Chairman. The elected Vice-Chairman serves for one year from election, as long as they remain a Board member, and may be re-elected.
2. The members of the Board shall elect a member from amongst themselves to be the Vice-Chairman of the Board and any member elected as Vice-Chairman shall subject to his continuing to be a member, hold office for a term of one year from the date of his election and shall be eligible for re-election. - 3 Verify source ↗
Appication of Act
A Board member who is not the Chairman must hold office for the term stated in the appointment instrument, or for three years if no term is stated, unless the appointment ends earlier or the person stops being a member.
3. A member of the Board other than the Chairman shall unless his appointment is sooner terminated by the appointing authority, or he ceases in any other way to be a member, hold office for a period specified in the instrument of his appointment or if no period has been specified, for a period of three years from the date of his appointment and shall be eligible for re-appointment. - 4 Verify source ↗
Power of Minister to designate public authority
If a Board member misses three consecutive meetings without reasonable excuse, the Board must notify the appointing authority, and that authority may end the member’s appointment and replace the member.
4. Where any member of the Board absents himself from three consecutive meetings of the Board without reasonable excuse, the Board shall advise the appointing authority of the fact and the appointing authority may terminate the appointment of such member and appoint a new member in his place. - 5 Verify source ↗
Power of Minister to give directions
A Board member other than the Chairman may resign at any time by giving written notice to the appointing authority.
5. A member of the Board other than the Chairman, may at any time resign his office by giving notice in writing addressed to the appointing authority, and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the appointing authority, he shall cease to be a member. - 6 Verify source ↗
Duties and powers of surveyors and inspectors
If a Board member other than the Chairman cannot perform duties because of absence, illness, or another sufficient cause, the appointing authority may appoint a temporary member. The temporary member serves until the substantive member resumes duty or the substantive member’s term ends, whichever comes first.
6. When any member of the Board, other than the Chairman, is by reason of absence from the United Republic or illness or other sufficient cause unable to perform his duties as a member of the Board, the appointing authority may appoint a temporary member in his place and the temporary member shall hold office until the resumption of duty of the substantive member or until the term of office of the substantive member expires, whichever occurs first. Meetings - 7 Verify source ↗
Repealed
The Board must meet for business as decided by the Board, and at least once every three months.
7. The Board shall ordinarily meet for the transaction of the business at any time and at any place decided upon by the Board, but shall meet at least once in every three months in a year. Special meeting - 8 Verify source ↗
Minister to delegate certain powers
The Chairman, or the Vice-Chairman if the Chairman is absent, may call a special Board meeting at any time, and must call one if a written request is made by a majority of Board members in office.
8. The Chairman, or in his absence the Vice-Chairman may at any time call a special meeting of the Board and shall call such meeting upon a written request by a majority of the members of the Board in office. Presiding meetings - 9 Verify source ↗
General powers to dispense
The Chairman presides at Board meetings, or the Vice-Chairman if the Chairman is absent. If both are absent, the members present may choose a temporary Chairman.
9.–(1) The Chairman and in his absence, the Vice-Chairman shall preside at all meetings of the Board. (2) In the absence of both the Chairman and the Vice-Chairman at any meeting of the Board, the members present may from amongst their number elect a temporary Chairman who shall preside at that meeting. Quorum - 10 Verify source ↗
Restriction on trading in Tanzanian waters
A Board meeting has quorum only if a majority of the members in office are present.
10. The quorum at the meeting of the Board shall be the majority of the members in office. 242 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE MERCHANT SHIPPING ACT [CAP. 165 R.E. 2023] Voting - 11 Verify source ↗
Requirement for insurance cover
Meeting issues are decided by a majority of votes, and the presiding person has a casting vote if votes are equal.
11. Issues tabled at the meeting shall be decided by a majority of the votes of the members present, and voting in the event of an equality of votes, the person presiding shall have a second or casting vote. Proceedings not to be invalid due to irregularity - 12 Verify source ↗
Tanzanian ship
Board acts or proceedings are not invalid just because the Board was incompletely constituted or a member had appointment defects or disqualification.
12. An act or proceedings of the Board shall not be invalid by reason of the number of members not being complete at the time of such act or proceedings or of any defect in the appointment of any member or of the fact that any member was at the time of appointment, disqualified or disentitled to act as such. Regulation of proceedings - 13 Verify source ↗
Qualifications for owning and registering Tanzanian ship
The Board may regulate its own proceedings, subject to this Schedule.
13. Subject to the provisions of this Schedule, the Board may regulate its own proceedings. 243 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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