MERCHANT SHIPPING BILL APRIL 2018
DRAFTING INSTRUCTIONS Comprehensive Maritime Transport Policy • Research Report • • DOT Requirements • Comments from Stakeholders and Role-players International Conventions •
DRAFTING PROTOCOLS • Constitution • Structure of the Bill • Simplified Language • Interpretation Act • Prescribed
LONG TITLE AND PREAMBLE The Long title states the objectives of the • Bill • The Preamble contains the vision statements of the Department
CHAPTER 1 DEFINITIONS, INTERPRETATION AND IMPLEMENTATION OF ACT Definitions • - Purpose of definitions is twofold • Interpretation • Implementation
CHAPTER 2 ADMINISTRATION • Powers of the Minister • Powers of the Authority • Proper Officer • Surveys and Inspections of Hull • Powers iro the workplace • Advisory Committees • Issuing of Technical Standards
CHAPTER 3 SHIP REGISTRATION, TONNAGE, LICENSING OF VESSELS AND NOTIFICATION OF INTENTION TO BUILD VESSELS This Chapter consists of four Parts • • Part A: Ship Registration Part B: Tonnage • Part C: Licensing of Vessels • • Part D: Notification of Intention to Build Vessel
CHAPTER 3 SHIP REGISTRATION, TONNAGE, LICENSING OF VESSELS AND NOTIFICATION OF INTENTION TO BUILD VESSELS Ship Registration • Re-incorporated the Ship Registration Act • Schedule 1 of SRA is Schedule 1 of MSB New Provisions: • - The CEO of the Authority is the Registrar - Introduction of a tonnage based ship registration fee system - Mortgage as security for a loan - Mortgagee not to be deemed owner of the ship - Mortgagee has absolute power to dispose of ship or share subject to a limitation where there must be concurrence with other prior Mortgagees
CHAPTER 3 SHIP REGISTRATION, TONNAGE, LICENSING OF VESSELS AND NOTIFICATION OF INTENTION TO BUILD VESSELS Part B:Tonnage Currently the Bill reflects the MSA provisions
CHAPTER 3 SHIP REGISTRATION, TONNAGE, LICENSING OF VESSELS AND NOTIFICATION OF INTENTION TO BUILD VESSELS Part C: Licensing New provisions: No ship, other than a South African owned ship, is - permitted to engage in coastwise traffic Conveyance of goods by a ship between ports in the - Republic is coastwise traffic Must posses a licence - Licence is valid for a period of 5 years -
CHAPTER 3 SHIP REGISTRATION, TONNAGE, LICENSING OF VESSELS AND NOTIFICATION OF INTENTION TO BUILD VESSELS Part D: Notification of Intention to Build Vessels If a vessel is being built which, when completed must be registered or licenced in the Republic, the owner must notify the Authority
CHAPTER 4 SEAFARERS In creating this Chapter • The CMTP - The Research Report - International Convention -
CHAPTER 4 SEAFARERS CMTP To ensure safety of life and property at sea the competency of seafarers • ensuring that the welfare of seafarers, are met • certification of seafarers • standards of training of seafarers •
CHAPTER 4 SEAFARERS Research Report Address the uncertainty in the industry regarding applicability of the labour laws to seafarers • Basic Conditions of Employment Act Labour Relations Act • • Occupational Health and Safety Act Compensation for Occupational Injuries and Diseases Act •
CHAPTER 4 SEAFARERS Research Report Provided for the utilisation of the CCMA and the Labour Court • Strike: • The ship is safely moored at a safe berth and there is no risk of the strike endangering the ship or the lives of the crew on board that ship • Fixed term contract: A fixed term contract is permissible S 186(1)(b) of the Labour Relations Act is not applicable to seafarers employed in terms of the Bill
CHAPTER 4 SEAFARERS • Certification: Removed reference to the certificate of service Certificates granted by competent foreign authorities • • Crew Agreements and collective crew agreements • Crew lists and changes • Allotment Notes • Deduction and reduction in wages Repatriation and discharge: amended to give effect to the MLO • • Deleted outdated sections that require adjudication of a matter by the proper officer or a court and the role will be fulfilled by the structures provided for in the Labour Relations Act, 1995 Deleted sections that are generally outdated • • Deleted sections that can be dealt with in the ambit of the criminal law
CHAPTER 4 SEAFARERS International Conventions The STCW and STCW-F incorporated and to be - effected in terms of Chapter 10 International Labour Convention -
CHAPTER 4 SEAFARERS INNOVATIONS Blood Alcohol Level and Drugs • Seafarers Identification Documentation • Seafarer’s Identification Documents Convention - Biometrics - Detail to be Prescribed Financial Security for Loss of Life and Personal Injury • - The owner of a ship is required to provide compensation for every seafarer who suffers dies or is injured as a result of an accident - The owner is required to have insurance cover or other financial security - Certificates must be issued and carried on board the ship
CHAPTER 5 MARITIME SAFETY • In creating this Chapter The CMTP - The Research Report - SOLAS and Load Line Convention -
CHAPTER 5 MARITIME SAFETY CMTP Alignment with SOLAS
CHAPTER 5 MARITIME SAFETY Research Report Recommend the alignment of SOLAS and the Load Line Convention
CHAPTER 5 MARITIME SAFETY SOLAS and the Load Line Convention Not annexed Incorporated into the text
CHAPTER 5 MARITIME SAFETY • A single Cargo Ship Safety Certificate - safety equipment certificate - safety radio certificate - safety construction certificate • Valid certificate not expired or cancelled or surrendered • Deleted and to be dealt with in the statutory framework Compasses and Signalling Lamps • Proper Officer replaced with Authority • Safe navigation near ice
CHAPTER 5 MARITIME SAFETY • Carriage of grain • Carriage of dangerous goods • Nuclear ships • General: Timber and requirements for packaging of containers • Management for the Safe Operation of Ships • Safety Measures for High-Speed Craft • Special Measures to Enhance Maritime Safety • Special Measures to Enhance Maritime Security • Additional Safety Measures for Bulk Carriers • Collisions, Accidents at Sea and Limitation of Liability Limitation of owner’s liability •
CHAPTER 6 MARINE CASUALTY AND MARINE INCIDENT INVESTIGATION In creating this Chapter • The CMTP The Research Report • • Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident
CHAPTER 6 MARINE CASUALTY AND MARINE INCIDENT INVESTIGATION CMTP Integrity and independence of investigations • South African Police Service has a role to play in • maritime accidents and Incidents investigation SAMSA must continue to conduct any investigation • into the cause of maritime incidents and accidents and it applies to inland waterways
CHAPTER 6 MARINE CASUALTY AND MARINE INCIDENT INVESTIGATION Research Report Independent casualty investigation unit - Courts of Marine Enquiry - Recommendation that it has no punitive jurisdiction - Witness indemnity -
CHAPTER 6 MARINE CASUALTY AND MARINE INCIDENT INVESTIGATION Police Jurisdiction • Seizure Investigations of crimes Interaction between Authority, NPA and SAPS Master is obliged to report a crime
CHAPTER 6 MARINE CASUALTY AND MARINE INCIDENT INVESTIGATION PRIMARY PRINCIPLE Marine safety investigation : conducted with the objective of preventing marine casualties and marine incidents in the future Principle of investigation : it is not the objective to determine liability, or apportion blame
CHAPTER 6 MARINE CASUALTY AND MARINE INCIDENT INVESTIGATION Investigations into allegations, marine casualties, marine incidents, complaints and • regarding the protection of interests of owner of SA ship or cargo Preliminary investigations, marine safety investigations, formal enquiries and • appeals Preliminary investigation by Authority • Marine safety investigations by the marine accident and incident investigation unit • Formal enquiries conducted by the COME and MC • Appeals heard by CS • Courts of Marine Enquiry not to have punitive jurisdiction •
CHAPTER 7 MARINE TRAFFIC Research Report • Vessel Traffic Services should be included in the MSA • Authority should have an oversight role regarding AToN (non NPASA) small fishing harbours, marinas, navigable inland waterways
CHAPTER 7 MARINE TRAFFIC SOLAS - IMO Guidelines when implementing VTS Ensure that a VTS Authority is appointed and legally - empowered That authority should have equipment and trained staff - Determine standards for equipment -
CHAPTER 7 MARINE TRAFFIC New Chapter • Incorporated the Marine Traffic Act • Aids to Navigation standards for the establishment, operation and maintenance of any aid to navigation • Vessel traffic services - operators -authorities -training organisations
CHAPTER 7 MARINE TRAFFIC Vesting of AToN Vessel Traffic Service Zones Mossel Bay • • East London
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