Merchant Shipping Act - The Bahamas

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MERCHANT SHIPPING[CH.268– 1CHAPTER 268MERCHANT SHIPPINGLIST OF AUTHORISED PAGES1–2LRO 1/200627 – 343 – 12LRO 1/200235 – 3613 – 16LRO 1/200637 – 4417 – 24LRO 1/200245 – 4625 – 26LRO 1/200647 – 94LRO 1/2002LRO 1/2006LRO 1/2002LRO 1/2006LRO 1/200295 – 9899 – 100101 – 104105 – 118119 – 120121 – 147LRO 1/2006LRO 1/2002LRO 1/2006LRO 1/2002LRO 1/2006LRO 1/2002ARRANGEMENT OF SECTIONSPART IPRELIMINARYSECTION1.2.Short title.Interpretation.PART IIREGISTRATION, ETC., OF egistration of ships.Unregistered ship not recognised.Registrars of Bahamian ships.Registers.Survey and measurement of ships.Change of construction between survey.Marking of ship.Application for registration.Declaration of ownership.Evidence to be produced.Particulars to be entered.Documents to be retained by registrar.Port of Registry.Certificate of Registry16.17.18.Certificate of registry.Registration and annual fees.Use of �–––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS

CH.268 – 2]MERCHANT SHIPPING19.20.21.22.23.24.25.26.27.Penalty for use of improper certificate.Power to grant new certificate.Loss of certificate.Power to terminate.Endorsement of change of ownership.Certificate to be surrendered if ship lost or no longer a Bahamian ship.Suspension of certificate upon registration in foreign country.Provisional registration.Temporary pass in lieu of certificate.Transfers and Transmissions28.29.30.31.32.Transfer of ship or share.Registration of transfer.Transmission on death or bankruptcy.Transfer of ship or share by order of court.Power of court to prohibit age of ship or share.Discharge of mortgage.Priority of mortgages.Mortgagee not treated as owner.Mortgagee has power of sale.Mortgage not affected by bankruptcy.Transfer of mortgage.Transmission of interest of mortgagee on death or bankruptcy.Registration of mortgage on provisional registration.Name of Ship42.Ships’ names.Registration of Alterations and Registration Anew43.44.45.46.47.Registration of alterations.Alterations noted on certificate of registry.Registration anew on change of ownership.Procedure for registration anew.Wrecked ship may be registered.Incapacitated Persons48.Infancy or other incapacity.Trusts and Equitable Rights49.50.No notice of trusts.Equities not excluded by Act.STATUTE LAW OF THE BAHAMASLRO 1/2006

MERCHANT SHIPPING[CH.268– 3Liability of Beneficial Owner51.Liability of owner.Managing Owner52.Ship’s managing owner to be registered.Declarations, Inspection of Register and Fees53.54.55.Power of registrar to dispense with evidence.Inspection of register and admissibility of documents.Fees.Forms56.57.Forms of documents.Instructions to registrars.Forgery and False Declarations58.59.Forgery of documents.False declarations.Nationality and Flag60.61.62.Nationality and flag of ship to be declared before clearance.National colours.Penalty.Measurement of Ship and Tonnage63.64.65.66.Rules for ascertaining tonnage.Tonnage once ascertained to be tonnage of ship, except where shipremeasured.Tonnage of ship of foreign country adopting tonnage regulations.Appointment of surveyors.PART IIIMASTER AND SEAMENCertificates of Competency67.68.69.70.Manning requirements, qualifications, regulations, offences.Grades of certificates of competency.Examinations for certificates of competency and foreign certificates.Offences relating to certificates of –––––––––––––LRO 1/2002STATUTE LAW OF THE BAHAMAS

CH.268 – 4]MERCHANT SHIPPING71.72.73.74.75.76.77.Record of certificates of competency.Loss of certificate.Master to inform registrar of officers on board ship.Prohibition of going to sea under-manned.Production of certificate and documents of qualification.Use of English language.Crew’s knowledge of English.Apprenticeship to the Sea Service78.79.Signature of contracts and indentures.Records to be kept by registrar.Engagement of Seamen80.81.82.83.Crew agreement.Contents of crew agreement.Crew agreement of foreign-going ship.Further provisions as to crew agreement.Employment of Children and Young Persons84.Employment of children and young persons.Certification of Seamen85.Certificate of competency.Discharge of Seamen86.87.Certificate of discharge.Report of seaman’s character.Payment of Wages88.89.90.91.92.93.94.Time and manner of payment.Master to deliver account of wages.Deductions.Settlement of wages.Director’s decision as to wages.Director may require ship’s papers.Rate of exchange.STATUTE LAW OF THE BAHAMASLRO 1/2002

MERCHANT SHIPPING[CH.268– 5Advance and Allotment of Wages95.96.97.98.Conditional agreements.Allotment notes.Facilities for remitting wages.Recovery of sums allotted.Rights of Seaman in respect of nt of right to wages.Right to wages and salvage not to be forfeited.Wages not to depend on freight.Wages where service terminated.Refusal to work.Illness caused by default.Costs of procuring conviction.Compensation for improper discharge.No attachment or sale of wages.Vacation Leave and Public Holidays108.Leave and public holidays.Mode of Recovering Wages109.110.111.Seaman may sue for wages.Restriction of jurisdiction of Supreme Court.Master’s remedy for wages and expenses.Power of Court to Rescind Contracts112.Power of court to rescind contracts.Property of Deceased Seaman113.114.115.Property of deceased seaman.Delivery of property of deceased seaman.Forgery of document to obtain property of deceased seaman.Provisions, Health and Accommodation116.117.118.Complaints as to provisions or water.Allowance for short or bad provisions.Weights and measurements to be –––––––––––LRO 1/2002STATUTE LAW OF THE BAHAMAS

CH.268 – 6]MERCHANT SHIPPING119.120.121.122.123.124.Regulations as to medical examination and cooking.Regulations respecting crew accommodation.Ship to carry certificated cook.Scales of medical stores.Expenses of medical treatment, etc.Medical practitioner to be carried.Facilities for Making Complaints125.Facilities for making complaints.Protection of Seamen from Imposition126.127.No assignment or sale of salvage.Seaman’s 6.137.138.139.140.141.142.Misconduct endangering life or ship.General offences against discipline.Conviction not to affect other remedies.Desertion and absence without leave.Improper negotiation of advance note.Certificate of discharge may be withheld.False statement as to last ship or name.Deserters from foreign ships.Offences to be entered in official log-book.Proof of desertion in proceedings for forfeiture of wages.Application of forfeiture.Question of forfeiture decided in suit for wages.Deduction of fine from wages.Persuading seaman to desert, and harbouring deserter.Penalty on stowaways.Official Log-Book143.144.145.146.Official log-book.Entries in official log-book.Delivery of official log-book.Penalty for improperly kept official log-book.Returns and Delivery of Documents147.148.149.List of crew.Documents to be handed over on change of master.Returns of births and deaths.STATUTE LAW OF THE BAHAMASLRO 1/2002

MERCHANT SHIPPING[CH.268– 7Relief and Repatriation of Distressed Seamen and Seamen left 9.160.161.162.163.164.165.Owner responsible for return of seaman left behind at a port other thanthe port of engagement.Wages and effects of seaman left behind.Certificate of discharge abroad.Return of seaman on termination of service.Discharge of seaman on change of ownership.Certificate required where seaman left behind at foreign port.Account of wages where seaman left behind.Payment of wages of seaman left behind.Application of wages of seaman left behind.Relief of distressed seaman.Repayment of expenses of relief and return.Forcing ashore.Proper return port.Manner of return of seaman.Questions as to return of seaman.Minister may assist distressed.166.167.168.PART IVPASSENGER SHIPSRegulations as to passenger ships.Offences in connection with passenger ships.Ticket to be issued for passage.PART VSAFETYInspectors169.170.171.172.173.Appointment of inspectors.Rights of inspection.Record of inspections and certificates.Annual inspections.Inspection for Safety �––––––––––––LRO 1/2002STATUTE LAW OF THE BAHAMAS

CH.268 – 8]MERCHANT SHIPPINGSafety Regulations .176.Issue of Certificates .177.178.179.180.181.Proceeding to Sea .182.183.General Safety Precautions and Responsibilities184.185.186.187.Crew to be sufficient and efficient.International Conventions on the Safety of Life at Sea.Local safety certificates.Safety regulations.Prevention of Collisions188.189.190.Method of giving helm orders.Collision regulations.Ship to assist other in case of collisions.International Convention on Safe Containers191.Safe container regulations.Load Lines and ernational Convention on Load Lines, 1966, to have the force oflaw.Load line regulations.STATUTE LAW OF THE BAHAMASLRO 1/2002

MERCHANT SHIPPING[CH.268– 9Load Line Convention Ships not Registered in The Bahamas .202.203.204.Deck Cargo .205.Carriage of Grain .206.Dangerous Goods207.Carriage of dangerous goods.Unseaworthy Ships208.209.210.211.212.Sending unseaworthy ship to sea.Obligation to secure seaworthiness of ship.Unseaworthy ship to be detained etc.Liability for costs and damages.Power to require from complainant security for costs.Miscellaneous Matters213.214.215.Regulations for protection of workers against accidents while loadingor unloading ships.Marking of heavy packages.Minister may exempt from compliance with Part.PART VIWRECKS, SALVAGE AND INVESTIGATIONSReceiver of Wreck216.217.218.219.220.221.222.General superintendence of Minister.Fees and expenses of receiver.Duties of receiver.Powers of receiver.Passage over adjoining lands.Immunity of receiver.Obstruction of �––––––––––––LRO 1/2002STATUTE LAW OF THE BAHAMAS

CH.268 – 10]MERCHANT SHIPPINGDealing with Wreck223.224.225.226.227.228.229.Duty of person taking possession of wreck.Concealment of wreck.Notice of wreck.Owner may claim wreck within six months.Power to sell wreck.Power to sell unclaimed wreck.Discharge of receiver.Removal of Wrecks230.231.Removal of wreck in port.Removal of easonable salvage payable.Disputes as to salvage.Where receiver may determine amount of salvage.Costs.Valuation of property.Receiver may seize property liable for salvage.Receiver may sell detained property.Voluntary agreement to pay salvage.Limitation of time for salvage proceedings.Shipping Casualties, Inquiries and .Reporting requirement.Inquiries and investigations into shipping casualties.Preliminary inquiry.Formal investigation.Powers of wreck commissioner as to certificate.Inquiry into fitness or conduct of officer.Re-hearing and appeal.Delivery of certificates, etc.Power of Minister to restore certificate.PART VIILIMITATION AND DIVISION OF LIABILITYLimitation of Liability249.250.Interpretation.Limitation of liability of dock, canal and harbour owners.STATUTE LAW OF THE BAHAMASLRO 1/2002

MERCHANT SHIPPING[CH.268– 11Division of Liability251.252.253.254.Rules as to division of liability.Joint and several liability.Right of contribution.Extended meaning of “owners”.PART VIIILEGAL on of International Conventions.Contravention of regulations.General penalty.Limitation of time.Liability of agents.Jurisdiction260.261.262.Jurisdiction in case of offences.Jurisdiction over ship lying off coast.Jurisdiction in case of offence on board ship.Damage Occasioned by Foreign Ships263.264.Power to detain foreign ship that has occasioned damage.Conveyance of offender and witnesses to The Bahamas.Reciprocal Jurisdiction and Jurisdiction over Foreign Ships265.266.Reciprocal services relating to foreign ships.Application of Act of foreign ships.Inquiry into Causes of Death267.Inquiry into cause of death on board.Depositions in Legal Proceedings268.Deposition where witness cannot be produced.Detention of Ship and Distress on Ship269.270.271.Detention of ship.Ship may be seized and sold if penalty not paid.Distress on ship for sums ordered to be –––––––––––LRO 1/2002STATUTE LAW OF THE BAHAMAS

CH.268 – 12]MERCHANT SHIPPINGEvidence, Service of Documents and Declarations272.273.274.Proof of attestation.Admissibility of documents in evidence.Service of documents.Protection of Officers275.Protection of officers.Limitation of Actions in Civil Proceedings276.Limitation of time for civil proceedings.277.278.279.280.281.PART IXMARITIME LIENSSources of maritime liens.Priority of maritime liens in general.Order of priority of maritime liens.Possessory liens.Claims to proceeds of sale of ship.282.283.284.285.286.287.288.289.290.PART XSUPPLEMENTALExemption of Government ships.Powers of inspectors.Suspension of certificate of registry.Forms.Exemption from stamp duty.Exemptions for limited period.Production of certificate, etc., to customs.General power to make regulations.Transitional.FIRST SCHEDULE — International ConventionsSECOND SCHEDULE — Applied Regulations, etc.THIRD SCHEDULE — Provisions having effect in connection with SOLAS 74/88and SOLAS 60.FOURTH SCHEDULE — Provisions having effect in connection with the LoadLine ConventionSTATUTE LAW OF THE BAHAMASLRO 1/2002

MERCHANT SHIPPING[CH.268– 13CHAPTER 268MERCHANT SHIPPINGAn Act to make provision for the registration ofships; for the control, regulation and orderlydevelopment of merchant shipping; to make provisionfor the proper qualification of persons employed in thesea service; to regulate the terms and conditions ofservice of persons so employed; and for mattersconnected with and incidental to the foregoing.[Assent 29th November, 1976][Commencement 31st December, 1976]16 of 19765 of 19795 of 19826 of 19835 of 19886 of 19897 of 198917 of 19897 of 199016 of 19915 of 199218 of 199534 of 200010 of 2001S.I. 83/2001S.I. 141/20011 of 2003PART IPRELIMINARYAct.1.This Act may be cited as the Merchant Shipping2. In this Act, unless the context otherwise requires —“allotment note” means a note mentioned in section96;“apprentice” means an apprentice to the sea service;“approved” means approved by the Director;“Bahamian ship” means a ship for the time beingregistered as a Bahamian ship under section 3;“Bahamian waters” means all areas of water subjectto the jurisdiction of The Bahamas, andincludes territorial waters, internal waters andarchipelagic waters;“bareboat chartered” means leased without masterand crew and for a given period of time;“certificate of competency” means a certificateissued to a person under Part III showing hiscompetency as a master or a seaman, andincludes a licence issued under section 69;Short title.Interpretation.6 of 1989, s. 2 ��–––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS

CH.268 – 14]5 of 1979, s. 2.18 of 1995, s. 2.Ch. 283.MERCHANT SHIPPING“certificate of registry”, in relation to a Bahamianship, means the certificate granted under section16 in respect of that ship;“Classification Society” means a society nominatedas such under subsection (2) of section 66;“consular officer” means a person appointed to be, orto perform the functions of, a Bahamianconsular officer in a foreign country;“contravene”, in relation to any provision, includes afailure to comply with that provision;“the Court” means the Supreme Court exercising itsadmiralty jurisdiction;“crew agreement” means an agreement between themaster of a ship and the crew thereof enteredinto in pursuance of section 80;“customs officer” means any public officer assignedto customs duties in the Customs Department ofGovernment;“the director” means the Director of Maritime Affairsappointed under The Bahamas MaritimeAuthority Act;“foreign country” means any country or place otherthan The Bahamas and “foreign port” shall beconstrued accordingly;“foreign-going ship” means a ship employed invoyages beyond the limits of a home-tradevoyage;“foreign ship” means a ship which is registered underthe law of a foreign country;“Government” means the Government of TheBahamas;“Government ship” means a ship or vessel that isowned by and is in the service of theGovernment;“gross tonnage” is the gross tonnage stated in thecertificate of registry of a ship, or, where a shipis not registered, the figure found in accordancewith the rules for the time being in force for themeasurement of ships in respect of tonnage;“home-trade ship” means a ship employed solely inthe home-trade;STATUTE LAW OF THE BAHAMASLRO 1/2006

MERCHANT SHIPPING“home-trade voyage” means the carriage of goods orpassengers on a sea voyage solely from any placeon the coast of The Bahamas to any other place orplaces in The Bahamas or to another place orplaces on the coast of East Florida between thelimits of Jupiter Inlet in the north to Key West inthe South;“inspector” means the Director, a surveyor and aNautical Inspector appointed under section 169;“international voyage” means a voyage from a port inone country to a port in another country;“master” includes every person (except a pilot) havingcommand or charge of a seaplane or other craftwhen it is on or in close proximity to the water;“Minister” means the Minister for the time beingresponsible for Maritime Affairs;“motor ship” includes a steamship and any other shippropelled by machinery, but not a sailing ship;“official log book” means the log book kept in respect ofa ship under section 143;“original registrar”, in relation to a Bahamian ship or itscertificate of registry, means the registrar by whomthe ship was first registered and the certificate firstissued, or his successor in office;“owner” as applied to an unregistered vessel means theactual owner, and as applied to a registered shipmeans the registered owner and, where any suchvessel or ship is bareboat chartered, “owner”includes the person so chartering the vessel or ship;“Part” means a Part of this Act;“passenger” means any person carried on a ship otherthan —(a) the master, an apprentice, a member of thecrew or a person employed or engaged in anycapacity on board the ship on the business ofthe ship;(b) a child under one year of age; or(c) a person carried on the ship in pursuance ofthe obligation laid upon the master to carryshipwrecked, distressed or other persons, orby reason of any circumstances which neitherthe master nor the owner nor the charterer (ifany) could have prevented or forestalled;[CH.268– 157 of 1989, s. 3 andSch.6 of 1989, ��––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS

CH.268 – 16]34 of 2000, s.2(b).5 of 1992, s. 2.MERCHANT SHIPPING“passenger ship” means a ship carrying or capable ofcarrying more than twelve passengers;“pilot” means any person not belonging to a shipwho has the conduct thereof;“port” includes a port or harbour properly so called,whether natural or artificial, estuaries, navigablerivers, piers, jetties or other works in or atwhich ships can obtain shelter, or ship or unshipgoods or passengers;“port authority” means the person or authorityresponsible for the provision of port facilities inany port;“proper officer”, in relation to any function, meansany officer appointed to perf

Official Log-Book 143. Official log-book. 144. Entries in official log-book. 145. Delivery of official log-book. 146. Penalty for improperly kept official log-book. Returns and Delivery of Documents 147. List of crew. 148. Documents to be handed over on change of master. 149. Returns of births and deaths.

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