ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
3. Ship’s tonnage.
4 Application of Act.
5. Non-application to foreign non-commercial ships.
PART II. The Maritime Authority
6. Establishment of Authority.
7. PrincipalobjectsofAuthority.
8. FunctionsofAuthority.
9. Minister’s directions toAuthority.
10. Director-General.
11. Appointment of other officers and employees.
12. Appointmentof surveyors.
13. Delegation of power by Director.
14. Minister may delegate certain powers and duties.
PART III. Restriction on Trade
15. Trade in Jamaican waters.
PART IV. Registration and Licensing of Ships and Proprietav Interest in Ships
16. Entitlement to right and privileges of Jamaican ships.
17. Obligations to registerJamaican ships.
18. Additional provisions for bareboat charter registration.
19. Jamaicanshipsbareboatcharteredout.
RegistrationofJamaican Ships
20. Qualifications for owning a Jamaican ship.
20A. Requirements for managing owner or agent.
21. Application for registration.
22. Declaration of ownership.
23. Evidenceonfirstregistration.
24. Restriction on registration.
24B. Entricsinrcgistcrs.
24C. Certain restrictions on registration
25. Certificates of registry and records.
26. Documents to be retained by the Registrar.
27. Registration of managing owncr. ctc
THE SHIPPING ACT
2nd January 1999
1. This Act may be cited as the Shipping Act.
2. In this Act unless the context otherwise requires-
“agent” in relation to a ship or the owners of a ship means the person who is acting as such;
“aircraft” means any craft designed for flying, and includes a seaplane or any ship or vessel able to alight upon or hover over water;
“appointed day” means the 2nd day of January, 1999;
“apprentice” means an apprentice to the sea service and includes a trainee officer or trainee seaman;
“Authority” means the Maritime Authority established under section 6;
“bankruptcy” includes insolvency and any other process leading to the liquidation of assets;
“bareboat charter" in relation to a ship means the leasing of the ship for a stipulated period of time, without master and crew, on terms which give the charterer possession and control of the ship, including the right to appoint the master and crew and “bareboat chartered” shall be construed accordingly;
“cargo” includes livestock;
“Caribbean Community” means the Community established under the Treaty done at Chaguaramas on 4th July 1973;
“CARICOM state” means a member state of the Caribbean Community;
“certificate of survey’’ means a certificate of survey issued by a surveyor of ships pursuant to section 43,
“Certificate of Registry” in relation to a Jamaican ship means the Certificate of Registry issued pursuant to the provisions of Part IV;
"consular officer” means a person discharging the duties of a consular officer on behalf of the Government of Jamaica and when used in relation to a state other than Jamaica means the recognized by the Government of Jamaica as a consular officer of that other state;
“crew” in relation to a ship includes seamen and apprentices;
“crew agreement” means the agreement entered into pursuant to section 116 between the owner or other person having control of a ship and the employment of seamen therefor (whether entered into by an agent on behalf of such person) and each member of the crew thereof
“Director” means the Director-General of the Authority appointed under section 10, and includes any person lawfully acting under the instructions of or on behalf of the Director-General;
“duly qualified medical practitioner” means a medical practitioner registered under the Medical Act;
“Exclusive Economic Zone” means the Zone beyond the territorial sea of Jamaica established under the Exclusive Economic Zone Act;
“fishing vessel” means a vessel of whatever size and in whatever way propelled which is used or intended to be used for or in connection with the catching of fish for gain and includes a fishing boat within the meaning of the Fishing Industry Act.
“foreign maritime entity” means a business entity, other than a body corporate, established under and subject to the law of a state other than Jamaica which, pursuant to that law, is entitled to own or operate ships;
“foreign ship” means a ship which is not a Jamaican ship;
“inland waters” comprise the areas of fresh water which are on the landward side of the low water mark, and which include water which is contained in-
(a) any spring, river, stream or other water-course, whether natural or artificial, including any estuary thereof, and
(h) any lake or pond, whether natural or artificial, sustained by underground water or by a spring, river or stream.
“Inspector” includes-
(a) a person appointed as an Inspector pursuant to section 315;
(b) a surveyor;
“international voyage” means a voyage from a port in one state to a port in another state;
“Jamaica” includes Jamaican waters;
“Jamaican Government ship” means a ship which is owned or under the operational or control service of the Government of Jamaica but does include a ship which forms part of the Jamaica Defence Force;
“Jamaican ship” means a ship which is-
(a) registered or licensed under this Act; or
(b) exempted under this Act from being registered or licensed;
“Jamaican water s” means the inland waters and-- (a) internal waters;
(b) archipelagic waters; and
(c) territorial sea,
as defined in the Maritime Areas Act, and such other ’waters as may be prescribed under any enactment to be Jamaican waters,
”licensed Jamaican ship” means a ship that is licensed under section 59;
“local authority” means-
(a) a Parish Council constituted under the Parish Councils Act;
(b) the Council of the Kingston and St. Andrew Corporation constituted under the Kingston and St. Andrew Corporation Act;
“local trade in Jamaican waters” means the transport locally of passengers or goods or the carrying out of any other operation or activity locally, within Jamaican waters, for purposes of trade, profit or reward;
“managing owner” in relation to a ship includes any person, not being an agent, vested with authority by the owner of the ship to manage and operate the ship;
“Maritime Tribunal” means the Maritime Tribunal established under section 411:
"master" means the person, who, for the time being, has lawful command of a ship or other vessel;
"officer" in relation to the crew of a ship includes the master, a deck engineer, radio or medical officer;
"Organization" or "IMO" means the International Maritime Organization;
"owner" in relation to a ship includes a demise or bareboat charterer and a managing owner;
"passenger" means any person carried on board a ship except-
(a) the master, a member of the crew, or any other person employed or engaged in any capacity on board the ship on the business of the ship;
(b) a child under one year of age;
(c) a person carried on the ship under an obligation imposed upon the master to cany shipwrecked, distressed or other persons, or by reason of any circumstances which neither the master nor the owner nor the charterer, if any, could prevent or forestall;
"passenger ship" means a ship which is constructed for, or which is habitually or on any particular occasion used for, carrying more than twelve passengers;
"pleasure craft" means a ship, however, propelled, that is used exclusively for pleasure and does not carry passengers or cargo for hire or reward, but does not include a vessel that is provided for the transport or entertainment of lodgers at any institution, hotel, boarding house, guest house or other establishments;
"Port Authority" means the Port Authority established under the Port Authority Act;
"port of Jamaica'' means any area defined as a port under the Port Authority Act;
"Principal Receiver'' means the Principal Receiver of Wreck appointed under section 11;
"proper officer" in relation to any function or activity under this Act means a person authorized by the competent authority to perform that function or inactivity and includes a consular officer;
"public officer" has the same meaning as in the Constitution of Jamaica;
"receiver" means a receiver of wreck so appointed under section 330;
"registered'' in relation to a Jamaican ship means registered under this Act;
"registrar" means a registrar of Jamaican ships appointed under section 11, and includes the Registrar-General;
"Registrar-General" means the Registrar-General of Ships appointed under section 11;
"Registrar of Seafarers'' means the Registrar of Seafarers appointed under section 11;
"seafarer" includes a master, officer and any other category of a crew of a ship;
"seaman" means every person employed or engaged in any capacity on board any ship except-
(a) the master;
(b) a pilot;
(c) a person temporarily employed on the ship while it is in port;
(d) an apprentice, other than for the purposes of sections 193 to 216;
"ship" includes every description of vessel used in navigation;
"shipwrecked person" means a person belonging to any ship referred to in section 332;
"Surveyor-General" means the Surveyor-General of Ships appointed pursuant to section 11;
"surveyor" means a person appointed as a surveyor of ships under section 11 and includes the Surveyor-General;
"tackle" means, in relation to a vessel, the tackle, machinery, gear, apparatus, and appliances used on board a ship for loading and unloading;
"tonnage certificate" means a certificate issued by the Registrar-General certifying the tonnage of a ship;
"Unit of Account" means the Special Drawing Right as defined in section 2 of Article XV of the Articles of Agreement of the International Monetary Fund, the text of which is set out in the Schedule to the Bretton Woods Agreements Act;
"vessel" means-
every description of watercraft, however propelled or moored, including a barge, hydrofoil and hovercraft and every other type of non-displacement craft, anything constructed or used to carry persons or goods by water, and a seaplane on or in the water;
a hulk, store ship or other similar vessel without means of propulsion;
such other thing constructed or adapted for floating or being submerged in water as the Minister may by order specify as a vessel for the purposes of any provision of this Act;
"wreck" includes flotsam, jetsam, lagan, and derelict found in Jamaican waters or on the shores of Jamaica.
PART II. The Maritime Authority
6.-(1) There is hereby established for the purposes of this Act, a body to be called the Maritime Authority which shall be a body corporate to which section 28 of the Interpretation Act applies.
(2) The provisions of the Schedule shall have effect as to the constitution of the Authority and otherwise in relation thereto.
7. The principal objects of the Authority are to pursue the development of shipping and to regulate matters relating to merchant shipping and seafarers.
8.--(1) The functions of the Authority are to carry out such activities as may be necessary to give effect to the objects specified in section 7, and without limiting the generality of the foregoing the Authority shall have the duty to-
(a) administer the registration of ships;
(b) regulate the certification of seafarers;
(c) regulate the safety of shipping as regards the construction of ships and navigation;
(d) administer policy for the development of shipping in general;
(e) inspect ships for the purposes of maritime safety and prevention of marine pollution;
(f) establish maritime training and safety standards;
(g) make inquiries as to shipwrecks or other casualties affecting ships, or as to charges of incompetence or misconduct on the part of seafarers in relation to such casualties.
(2) For the purpose of the performance of its functions under this Act, the Authority may do anything and enter into any transaction which, in the opinion of the Authority is necessary or incidental to its functions, and in particular and without limiting the generality of the foregoing the Authority may impose fees or charges for the use of any service provided by the Authority.
9.---(1) Without limiting the effect of subsection (2) the Minister may give the Authority such directions of a general character as to the performance of its function as he thinks appropriate.
(2) The Minister may give the Authority directions to do a particular thing or refrain from doing a particular thing if the Minister considers it appropriate to give such directions-
(aj in the interest of national security;
(h) in connection with any matter appearing to him to affect the relations of Jamaica with another country or territory;
(c) in order to discharge or facilitate the discharge of an obligation binding on Jamaica by virtue of its being a member of an international organization or a party to an international agreement;
(cl) in order to attain or facilitate the attainment of any other object, the attainment of which is, in the opinion of the Minister, appropriate in view of the fact that Jamaica is a member of an international organization or a party to an international agreement;
(e) in order to enable Jamaica to become a member of an international organization or a party to an international agreement;
v) in order to prevent or deal with pollution such as noise c or vibration or any disturbance attributable to ships
used for the purpose of maritime transport.
10.-(1) There shall be a Director-General of the Authority who shall be appointed by the Minister.
(2) The Director-General shall be responsible for the day-to-day management and operation of the Authority.
PART III. Restriction on Trade
15. (1) Subject to subsections (2) and (3), no ship shall be engaged in trade in or from Jamaican waters unless the ship-
-
(a) is a Jamaican ship or
-
(b) holds a certificate of foreign registry or other document similar or equivalent to that required by this Act.
(2) Subject to the provisions of any regulations made under
this section or of any international agreement in force in relation to Jamaica, only Jamaican ships may be engaged in local trade in Jamaican waters.
(3) A person not qualified by virtue of section 20 to own a Jamaican ship shall not charter or otherwise engage any Jamaican ship for local trade in Jamaican waters, except under and in accordance with such conditions as the Minister may direct or prescribe.
(4)The owner of any ship trading in or from Jamaican waters shall provide evidence of financial responsibility against risks of damage to third parties, in such manner as may be prescribed.
(5) The master or owner of any ship who contravenes subsection (l) , (2) or (4)or any person who contravenes subsection (3) commits an offense and is liable-
(a) onconvictiononindictmentinaCircuitCourttoafine or in default of payment thereof to imprisonment for a term not exceeding two years or to both such fine and imprisonment; or
(b) on summary conviction thereof in a Resident Magistrate’s Court to a fine not exceeding one million dollars or in default of payment thereof to imprisonment for a term not exceeding one year.
(6) An owner or agent of a ship commits an offence if by any statement, document or other means of communication he supplies to any person exercising functions under this Act information which such agent knows to be misleading, false or deceptive regarding the provision made in respect of the financial responsibility of the ship against the risk of damage to third parties in respect of which evidence is required under subsection (4), and is liable on summary conviction in a Resident Magistrate’s Court to a fine not exceeding one million dollars, or in default of payment thereof, to imprisonment not exceeding one year.
(7) The Minister may make regulations under this section to provide for the circumstances under which foreign ships may engage in local trade in Jamaican waters.
(8) Subject to the provisions of subsection (l), this section shall not be construed as affecting the operation of Part VII of the Customs Act.
PART IV. Registration and Licensing of Ships and Proprietary Interests in Ships
16. A ship required to be registered or licensed, as the case may be, under this Act is neither entitled to be recognized as a Jamaican ship, nor is it entitled to the rights and privileges accorded to Jamaican ships under this Act unless it is so registered or licensed.
17. (1) A ship is required to be registered pursuant to this Part as a Jamaican ship unless, subject to section 4 and the other provisions of this Part, it-
(a) is, subject to paragraph(b), registered in another state;
(b) is recognized by the law of a state other than Jamaica as a ship of that state, and is by the law of that state exempted from registration;
(c) is, pursuant to subsection (2),traction under this Act;
(6) is required to be licensed; or (e) is exempt from being licensed.
(2) The Minister may by notice exempt generally or specifically, from registration under this Act, a particular licensed Jamaican ship or class thereof or a ship or a class of ship that is required to be licensed when operating outside Jamaican waters.
(3) Any ship which is wholly owned by persons qualified to own a Jamaican ship, and which immediately before the 2nd day of January, 1999, is registered in Jamaica in accordance with the existing law, is entitled to be registered under this Act, but subject to such conditions as may be prescribed.
(4) Where the Minister has reason to believe that there is some doubt as to the title of any ship registered under this Act, he may direct the Registrar-General to require that evidence be given to the satisfaction of the Registrar-General that the ship is entitled to be so registered; and where, within such period as may be prescribed by the Minister, not being less than thirty days, evidence to the satisfaction of the Registrar- c General of the title of the ship is not given’during such period,
the ship shall be regarded as being provisionally registered and liable to be de-registered.
(5) In this section “the existing law” means any enactment relating to registration of ships which is in force in relation to Jamaica immediately prior to the 2nd day of January, 1999.
18.--(1) Where a ship registered in another state, (in this Partknownas"the state of primary registratiod7)-
(a) has been bareboat chartered to any person qualified to own a Jamaican ship;
(b) otherwise satisfies the requirements for registration under this Part,
it may be registered as a Jamaican ship subject to the provisions of this section, and the provisions of section 16 shall apply accordingly.
The registration under this Part of a bareboat chartered ship shall be on such additional terms as may be prescribed in relation to that category of ship and, subject to the provisions of this Act, such registration shall remain in force for the period of the charter.
The proper officer of the state of primary registration shall be notified, in such manner as may be deemed appropriate or as may be prescribed, of the registration of the
ship under this Act.
(4) The provisions of this Act relating to the title and mortgage of a ship and other matters regarding proprietary interests in the ship, shall not apply to foreign ships registered as Jamaican ships by virtue of bareboat charter.
(5) TheobligationsimposedbyorunderthisActupon the owner of a Jamaican ship shall apply to the charterer of a bareboat chartered ship registered under this Act as they apply in relation to such owner.
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