BILL APRIL 2018 DRAFTING INSTRUCTIONS Comprehensive Maritime - - PowerPoint PPT Presentation

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

• f 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

• bjective 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

CHAPTER 8 OFFENCES AND PENALTIES

• In creating this Chapter we used the skeleton

provided by the existing MSA and aligned it with the offences in this Bill

• The monetary values of fines prescribed by

regulations annual adjustment upwards by no more than the Annual Consumer Price Inflation rate published by Statistics South Africa and such adjustments must be effected by publication in the Government Gazette.

CHAPTER 8 OFFENCES AND PENALTIES

Extra-territorial criminal jurisdiction of South African courts

• The flag state of the vessel concerned or the state in whose territory

the crime occurred declines exercise its jurisdiction, or fails to do so upon reasonable notice

• The crime is a grave offence that carries a potential prison sentence
• ver [10] years if convicted by a South African court
• The accused is arrested in the territory of the Republic or the territorial

waters of the Republic

• The crime was committed against a South African, or while the vessel

was on a voyage on which a call to a South African was planned

• the institution of the prosecution is authorized in writing by the National

Director of Public Prosecutions

CHAPTER 9 PROCEEDINGS BY AUTHORITY AND LEGAL PROCEEDINGS

• Vesting the jurisdiction for administrative penalties in the Authority
• Vesting the jurisdiction of the courts
• Etc

CHAPTER 10 REGULATIONS

• A DIFFERENT PART HAS BEEN CREATED FOR EACH

OF THE REGULATIONS THAT THE MINISTER NEEDS TO PRESCRIBE

CHAPTER 11 GENERAL MATTERS

• Transitional Provisions
• Incorporation of international conventions

SCHEDULES Schedule 1: PRIVATE LAW PROVISIONS FOR REGISTERED SHIPS Schedule 2: VESSEL TRAFFIC SERVICE ZONES Schedule 3: REPEAL OF LAWS