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Chapter 242

Mer ch a n t Sh ip p in g Act 1975

Cert ified on: / /20 .

INDEPENDENT STATE OF PAPUA NEW GUINEA

Chapter 242

Mer ch a n t Sh ip p in g Act 1975

ARRANGEMENT OF SECTIONS

P ART I – P RELIMINARY.

1. In terpreta t ion .

“agreement”

“a ir cushioned vehicle”

“appropr ia te coast ing t rade licence”

“assistan t to the Regist ra r”

“Author ity”

“boarding ground”

“casua lty”

“cer t ifica te of competency”

“the Coast ing Trade Commit tee”

“coast ing t rade licence”

“coast ing t rade permit”

“the Collisions Convent ion”

“the commencement da te”

“compulsory pilotage a rea”

“cont inenta l shelf”

“the Cour t”

“crew”

“crew accommodat ion”

“Crew List”

“crewman”

“Crewman’s Ident ity Card”

“dangerous goods”

“dist ressed crewman”

“employer”

“Employment Record Book”

“equipment”

“exempt pilot”

– i i –

“exist ing sh ip”

“genera l ca tegory licence”

“Government sh ip”

“in terna l wa ters”

“the Investment Promot ion Author ity”

“Labour Shipping Officer”

“left behind”

“length”

“licensed pilot”

“load line”

“the Load Line Convent ion”

“Load Line Convent ion sh ip”

“Marine Inquiry”

“marine naviga t iona l a id”

“master”

“the Merchant Shipping Acts of the United Kingdom”

“mortgage”

“National Flag”

“the Na t ional Investment and Development Author ity”

“new ship”

“Officia l Log Book”

“offshore sh ip”

“par t of a sh ip”

“passenger”

“passenger sh ip”

“pilot”

“pilotage a rea”

“pilotage au thor ity”

“pilotage exempt ion cer t ifica te”

“pilotage licence”

“pleasure cra ft”

“por t of sub-regist ry”

“pr incipa l por t of regist ry”

“proper return por t”

“qua lified crewman”

“qua lified person”

“radio insta lla t ion”

“ra te”

“the Register”

“Register of Crewmen”

“the Regist ra r”

“sa fety cer t ifica te”

“the Safety Convent ion”

“Safety Convent ion sh ip”

“the STCW Convent ion”

“ser ious in jury”

– i i i –

“ship”

“Shipping Officer Service Fees”

“shipping service”

“specia l ca tegory licence”

“sub-division load line”

“Survey Master Sheet”

“surveyor”

“suspended per son”

“th is Act”

“t roopship”

“unsafe sh ip”

P ART II – NATIONAL CHARACTER AND FLAG.

2. Pena lty for unduly assuming Papua New Guinea character .

3. Pena lty for concea lment of Papua New Guinea character or assumpt ion of

foreign character .

4. Pena lty for acquir ing ownership if unqua lified.

5. Liabilit ies of unregistered sh ips.

6. Na t iona l colours.

P ART III – REGISTRATION OF SHIP S.

Div ision 1 – Th e R egist r a r a n d t h e R egist er of Sh ip s.

7. Regist ra r .

8. Delega t ion by Regist ra r .

9. Assistan ts to the Regist ra r .

[10. R epealed ]

11. Register of sh ips.

12. Provisions rela t ing to regist ra t ion .

Div ision 2 – R egist ra t ion of S h ip s.

13. Por t s of regist ry.

14. Qua lifica t ion for owning registered sh ip.

15. Regist ra t ion of Government sh ips.

16. Obliga t ion to register sh ips.

17. Automat ic regist ra t ion of cer ta in sh ips.

18. Survey and measurement of sh ip.

19. Marking of sh ip.

20. Applica t ion for regist ra t ion .

21. Decla ra t ion of ownership on regist ry.

22. Regist ra t ion of sh ips.

23. Cer t ifica te of regist ry.

24. Provisional regist ra t ion .

25. Provision for loss of cer t ifica te of regist ry in Papua New Guinea .

26. Provision for loss of cer t ifica te outside Papua New Guinea .

27. Change in ownership.

28. Delivery of cer t ifica te where sh ip is lost or an owner ceases to be a qua lifie d

person .

29. Regist ry of a ltera t ions.

– iv –

30. Owner to furn ish pa r t icu la rs.

Div ision 3 – Tr a n sfer s a n d Tr a n sm ission .

31. Transfer to be by bill of sa le.

32. Decla ra t ion of t ransfer .

33. Regist ra t ion of t ransfer .

34. Transmission of proper ty in sh ip on dea th , insolvency, etc.

35. Order for sa le on t ransmission to unqualified person .

36. Transfer of sh ip or sa le by order of Na t iona l Cour t .

37. Na t iona l Cour t may prohibit t ransfer .

38. Cer ta in t ransfers require consent of the Minister .

Div ision 4 – Mor t ga ges.

39. Method of mor tgage of sh ip.

40. Ent ry of discharge of mor tgage.

41. Pr ior ity of mor tgages.

42. Powers of mor tgagee.

43. Transfer of mor tgage.

44. Transmission of in terest in mortgage by dea th , insolvency, etc.

Div ision 5 – Gen er a l .

45. Regist ra r may require informat ion .

46. Not ice of t rust s not received.

47. Equit ies not excluded by Act .

48. Liability of owners.

49. Names of registered sh ips.

50. Propor t ion of crew to be cit izens.

51. Reduct ion of fees where major ity of crew a re cit izens.

52. Annua l regist ra t ion fees.

P ART IV – SAFETY.

Div ision 1 – P r el im in a r y.

53. Applica t ion of Par t IV.

54. Exempt ion of pa r t icu la r sh ips.

[55 - 56. R epealed ]

57. Surveyors of sh ips.

Div ision 2 – In t ern a t ion a l Ma r i t im e Con ven t ion s.

58. Convent ions to have effect .

59. Implementa t ion of Convent ions.

60. Applica t ion of th is Par t to cer ta in Convent ion sh ips.

Div ision 3 – R equ irem en t for Sa fet y Cer t i fica t es.

61. Ship not to go to sea without sa fety cer t ifica te.

62. Ship may go to sea without sa fety cer t ifica te in cer ta in cir cumstances.

63. Cer t ifica tes to be produced before sh ip goes to sea .

Div ision 4 – Su r veys a n d In sp ect ion s.

64. Ships subject to survey.

65. Powers of surveyor .

66. Specia l examina t ion of sh ips.

67. Requirement to not ify Author ity of change in condit ion of sh ip.

68. Regula t ions for surveys and inspect ions.

– v –

Div ision 5 – Issu e of S a fet y Cer t i fica t es.

69. Applica t ion for survey.

70. Issue of sa fety cer t ifica te.

71. Cancella t ion or suspension of sa fety cer t ifica te.

72. Delivery up of sa fety cer t ifica te.

73. Per iodica l or cont inuous surveys.

74. Altera t ion of sh ips.

75. Safety cer t ifica te to be displayed.

76. Regula t ions for sa fety cer t ifica tes.

Div ision 6 – Sa fet y.

77. Ships required to ca rry cer ta in equipment .

78. Ship to ca rry qua lified radio opera tors.

79. Repor t s by radio.

80. Collision offences.

81. Duty of vessel to assist in case of collision .

82. Hazardous goods.

83. Powers of master in rela t ion to dangerous goods.

84. Powers of Author ity in rela t ion to dangerous goods.

85. Prohibit ion of dangerous goods.

86. Forfeiture of dangerous goods.

87. Ora l communica t ion .

88. Number of persons tha t may be ca rr ied in a sh ip.

89. Regula t ions for sa fety.

Div ision 7 – Loa d Lin es.

90. Load line marks.

91. Loading of sh ips.

92. Defence to charge of over loading.

93. Regula t ions for load lines.

Div ision 8 – Un sa fe S h ip s.

94. Ships deemed to be unsafe.

95. Offences rela t ing to unsa fe sh ips.

96. Detent ion of unsa fe sh ips.

Div ision 9 – P a ssenger s.

97. Detent ion .

98. Regula t ions for ca r r iage of passengers in sh ips.

[Div ision 10 – R epealed ]

99. R epealed ]

P ART V – CREWMEN.


100. Applica t ion of Par t V.

101. Exempt ion of pa r t icu la r sh ips.

102. Appoin tment of labour sh ipping officers.

Div ision 2 – Ma nn in g a nd Cer t i fica t es of Com p et en cy.

103. Going to sea undermanned.

104. Cer t ifica te of competency.

105. Incapacity of qualified crewman.

– v i –

106. Unqualified person going to sea as qualified crewman.

107. Product ion of cer t ifica te of competency.

108. Regula t ions for manning and cer t ifica tes of competency.

Div ision 3 – Agr eem en t s.

109. Employer to comply with agreements.

110. Agreements.

111. Approva l of agreements.

112. Crewman to understand contents of agreement .

113. Termina t ion of agreements.

114. Unlawful agreements.

115. Labour Shipping Officer to approve em ployment of cit izens.

116. Prohibit ion on seeking reward for employment .

117. Regula t ions for agreements.

Div ision 4 – Wa ges.

118. Agreement as to wages.

119. Account of wages.

120. Payment of wages.

121. Allotments.

122. Disputes.

123. Ent it lement to wages a fter wreck or loss of sh ip.

124. Ent it lement to wages for sick or in jured crewman left behind.

125. Right of crewman to wages.

126. Crewman cannot wa ive protect ion of Act .

127. Regula t ions for wages.

Div ision 5 – Cr ew Accom m od a t ion .

128. Crew accommodat ion .

[129. R epealed ]

130. Regula t ions for crew accommodat ion .

Div ision 6 – Wel fa r e.

131. Provisions and water .

132. Ship to ca rry medica l stores, etc.

133. Compla in ts.

134. Return of dist ressed crewmen.

135. P lace deemed to be proper return por t .

136. Recovery of expenses.

137. Dist ressed crewman elect ing to remain away from proper return por t .

138. Recovery of bur ia l expenses.

139. Disposa l of proper ty of deceased crewman.

140. Regula t ions for welfare.

Div ision 7 – Discip l in e.

141. Misconduct endanger ing sh ip or persons on board.

142. Defence if drug taken for medica l purposes.

143. Cont inua l or concer ted disobedience.

144. Absence without leave.

145. Persons deemed to be crewmen.

146. Disciplina ry offences.

– v i i –

147. Appea l against suspension .

148. List of suspended persons.

149. Regula t ions for disciplina ry offences.


150. Stowaways.

151. Fees payable in respect of services of Labour Shipping Officers.

152. Returns of bir ths and dea ths on Papua New Guinea sh ips.

153. Returns of bir ths and dea ths on foreign sh ips.

154. Crewman’s Ident ity Card.

155. Register of Crewmen.

156. Employment Record Book.

157. Officia l Log Book.

158. Crew List .

159. Inquir ies in to dea th or ser ious in jury.

160. Absence of crewman from duty.

161. Fa ilure by crewman to join foreign sh ip.

162. Detent ion of a sh ip.

163. Genera l regula t ions.

Div ision 9 – In t ern a t ion a l Ma r i t im e Con ven t ion s.

163A. Convent ion to have effect .

163B. Implementa t ion of Convent ion .

P ART VI – SHIP P ING CASUALTIES, INQUIRIES AND

INVESTIGATIONS.

164. Repor t ing of casua lt ies and incidents.

165. Inquiry in to cer ta in casua lt ies.

166. Preliminary invest igat ions.

167. Mar ine Inquir ies.

168. Power of a Mar ine Inquiry as to cer t ifica tes.

169. Disqualifica t ion of a crewman.

170. Fa ilure to deliver cancelled or suspended cer t ifica te.

171. Rehear ings and the power of the Minister to restore cer t ifica tes.

172. Appea ls.

173. Regula t ions under Par t VI.

P ART VII – NAVIGATIONAL AIDS.


174. In terpreta t ion of Par t VII.

“a id”

“ligh t”

“owner”

175. Decla ra t ion of public purpose.

Div ision 2 – Acqu isi t ion of Aid s.

176. Applica t ion of Division 2.

177. Mode of acquisit ion .

178. Compulsory acquisit ion .

179. Effects of compulsory acquisit ion .

– v i i i –

180. Compensa t ion .

181. Cour t may adjust r igh ts.

Div ision 3 – Con t r ol of Aid s.

182. Establishment of a ids.

183. Maintenance and a ltera t ion of a ids.

184. Cont rol of pr iva te a ids.

185. Inspect ion of a ids by Author ity.

186. Maintenance of a ids by Author ity.

187. Obst ruct ion of Author ity.

Div ision 4 – N a v iga t ion a l Aid Con t r ibu t ion s.

188. Requirement to pay naviga t iona l a id cont r ibut ions.

189. Pena lty for fa ilure to pay naviga t ional a id cont r ibut ions.

190. Detent ion of sh ip where naviga t ional a id cont r ibut ions a re not paid.

Div ision 5 – Da m a ge t o N a v iga t ion a l Aid s.

191. Offences rela t ing to naviga t iona l a ids.

192. Detent ion of sh ip in cer ta in circumstances.


193. Immunity from cer ta in proceedings.

[194. R epealed ]

195. Regula t ions for naviga t ional a ids.

P ART VIII – P ILOTAGE.

Div ision 1 – P i lot a ge Ar ea s a n d P i lota ge Au th or i t ies.

196. P ilotage a reas.

197. Appoin tment of pilotage au thor it ies.

198. P ilotage au thor it ies.

Div ision 2 – Com p u lsor y P i lot a ge.

199. In terpreta t ion of Division 2.

“exempt sh ip”

“ship”

200. Compulsory pilotage a reas.

201. Ships required to take licensed pilot s on board.

202. Ships required to have licensed pilot s on board.

203. Licensed pilot s not required in cer ta in circumstances.

204. Specia l circumstances where pilot s a re required.

Div ision 3 – P i lot a ge Licen ces a nd P i lot a ge Exem p t ion

Cer t i fica t es.

205. Number of pilotage licences.

206. P ilotage licences and pilotage exempt ion cer t ifica tes.

207. Suspension of pilotage licence.

208. Inquiry in to incompetence, etc.

Div ision 4 – Licen sed P i lot s a n d Exem p t P i lot s.

209. Product ion of pilotage licence.

210. Unqualified persons not to act a s licensed pilot s or exempt pilot s.

211. Misconduct by licensed pilot s.

212. Defence if drug taken for medica l purposes.

213. Licensed pilot not civilly liable.

– ix –

Div ision 5 – Miscel la n eou s.

214. Presence of licensed pilot does not diminish responsibility of master .

215. Owner and master liable for damage.

216. P ilotage au thor ity not liable for loss or damage.

217. P ilotage services.

218. P ilotage dues and charges for pilotage services.

219. Fees for pilotage licences and pilotage exempt ion cer t ifica tes.

220. Regula t ions for pilotage.

P ART IX – COASTING TRADE.


221. Applica t ion of Par t IX.

Div ision 2 – Coa st ing Tr a d e Licen ces.

222. Coast ing t rade licences.

223. Ca tegor ies of coast ing t rade licences.

224. Requirement to hold coast ing t rade licences.

225. Exempt ion from requirement to hold coast ing t rade licence.

226. Limita t ion on grant of licences.

227. Dura t ion of licences.

228. Delivery up of licences in cer ta in circumstances.

229. Cancella t ion or va r ia t ion of licences.

230. Holder to observe condit ions of licence.

231. Requirement to furn ish informat ion .

Div ision 3 – Coa st ing Tr a d e P er m i t .

232. Coast ing t rade permits.

233. Effect of issue of coast ing t r ade permit .

Div ision 4 – Coa st ing Tr a d e Com m it t ee.

234. Coast ing Trade Commit tee.

235. Membership of Coast ing Trade Commit tee.

236. Coast ing Trade Commit tee to be Commit tee of Advice for cer ta in purposes.

237. Funct ions of Coast ing Trade Commit tee.

238. Publica t ion of recommended ra tes.

Div ision 5 – Ma xim u m R a t es for Sh ip p in g S erv ices.

239. Invest igat ion of ra tes for sh ipping services.

240. Minister may fix maximum ra tes for sh ipping services.

241. Ra tes not to exceed maximum ra tes for sh ipping services.


242. Licence and permit fees.

[243. R epealed ]

244. Regula t ions for coast ing t rade.

P ART X – LIABILITY OF SHIP OWN ERS AND OTHERS.


245. In terpreta t ion of Par t X.

“the Cour t”

“gold franc”

“ship”

– x –

Div ision 2 – Exclu sion a n d Lim i t a t ion of Lia bi l i t y.

246. Loss or damage from fire or theft .

247. Limita t ion of liability in cer ta in cases.

248. Power of Cour t to consolida te cla ims.

249. Extension to other persons of provisions applying to sh ipowners.

250. Release of sh ip on giving secur ity.

“Convent ion count ry”

“guarantee”

“relevant por t”

251. Rest r ict ions on enforcement a fter giving of secur ity.

252. Dist r ibut ion of limita t ion fund.

253. Par t owners to account in respect of damages.

254. Insurance of cer ta in r isks not invalid.

255. Saving for occur rences taking place before commencement .

256. Limita t ion of liability of a ha rbour au thor ity.

Div ision 3 – Div i sion of Lia bi l i t y.

257. Applica t ion of Division 3.

258. Rule as to division of liability.

259. Dist r ibut ion of loss and damages for persona l injur ies.

260. Right of cont r ibut ion .

[P ART XI – R epealed ]

261 - 263. R epealed ]

P ART XIA – WRECK AND SALVAGE.


263A. In terpreta t ion of Par t XIA.

“sa lvage”

“t ida l wa ter”

“vessel”

“wreck”

263B. Reserva t ion of powers of Customs.

[263C. R epealed ]

263D. Delega t ion by Author ity.

263E. Indemnity of Author ity.

Div ision 2 – Vessels in Dist r ess.

263F. Duty of Author ity to assist vessels in dist ress, etc.

263G. Powers of Author ity.

263H. Cost of a ssist ing vessels in dist ress recoverable.

263I. Boarding without au thor ity.

263J . In ter fer ing, etc., with wreck.

Div ision 3 – Dea l ing w i t h Wr eck .

263K. Not ice of wreck to be given to Author ity.

263L. Author ity may take possession of wreck.

263M. Author ity to give not ice of wreck.

263N. Dea ling with wreck.

263O. Discharge from liability of Author ity.

– x i –

263P. Dispute as to t it le to wreck.

263Q. Remova l of wrecked vessel, etc.

Div ision 4 – Sa lva ge.

263R. Sa lvage in respect of saving life.

263S. Sa lvage in respect of proper ty.

263T. Assistance to be rendered.

Div ision 5 – P r oced u r e in Sa lva ge.

263U. In terpreta t ion of Division 5.

263V. Disputes as to sa lvage.

263W. Detent ion of vessel, etc.

263X. Sa le by Author ity of deta ined proper ty.

263Y. Appor t ionment of sa lvage by Nat iona l Cour t .

263Z. Volunta ry agreement to pay sa lvage.

263ZA. Posta l a r t icles not subject to sa lvage.

Div ision 6 – Miscel la n eou s.

263ZB. Fees payable to Author ity.

263ZC. Recovery of fees and cost s.

263ZD. Regula t ions.

P ART XII – MISCELLANEOUS.

Div ision 1 – Wr eck s.

264. Vessels wrecked.

“owner”

“vessel”

“vessel wrecked”

265. Prohibit ion of approaching dangerous wrecks.

Div ision 2 – Offences.

266. Fa lse decla ra t ion as to ownership.

267. Fa lse decla ra t ions and sta tements.

268. Obst ruct ion of persons.

Div ision 3 – P r oced u r e.

269. Limita t ion of act ions.

270. Proceedings on forfeiture of sh ip.

271. Mode of making decla ra t ion .

272. Proof of documents.

273. Admissibility of documents in evidence.

274. Averment .

275. Recovery of fines by dist ress.

275A. Payment of fines.

276. Delega t ion by Minister .

277. Applica t ion of other laws.

278. Sta te owned sh ips not subject to cer ta in proceedings.

279. Regula t ions.

280. Repea l.

INDEP ENDENT STATE OF P AP UA NEW GUINEA.

AN ACT

ent it led

Mer ch a n t Sh ip p in g Act 1975,

Being an Act to provide for Merchant Shipping.

P ART I. – P RELIMINARY.

1. INTERP RETATION.

(1)1 In th is Act , un less the cont ra ry in ten t ion appears–

“agreem en t” in rela t ion to–

(a) a sh ip, means an agreement made under Sect ion 110 between an

employer and a crewman in respect of service by the crewman in

the sh ip; and

(b) a crewman, means an agreement made under Sect ion 110

between the crewman and an employer ; and

(c) an employer , means an agreement made under Sect ion 110

between the employer and a crewman;

“air cu sh ion ed veh ic le” means a vehicle designed to be suppor ted when in

mot ion wholly or pa r t ly by a ir expelled from the vehicle and forming a

cushion of which the boundar ies include the wa ter or other surface

below the vehicle;

“appropriate coastin g trade licen ce” means a coast ing t rade licence which

permits, or would permit , the sh ip in respect of which the licence is

granted to be engaged in the coast ing t rade for the provision of the

sh ipping service on which the sh ip is, or is about to be, engaged;

1

Section 1 Subsection (1) amended by No. 70 of 2006, s. 1; Subsection (1) amended by No. 70 of 2006, s. 1;

Subsection (1) amended by No. 70 of 2006, s. 1; Subsection (1) amended by No. 70 of 2006, s. 1; Subsection (1)

amended by No. 70 of 2006, s. 1.

s . 1. Merchant S hipping 9999

– 2 –

2“ass is tan t to th e Regis trar” means a person appoin ted by the Regist ra r

under Sect ion 9 to be h is a ssistan t ;

3“Au th ority” means the Na t ional Mar it ime Safety Author ity established by

the N ational Maritim e S afety Authority Act 2003 ;

“boardin g groun d” means a place a t which the master of a sh ip is required

to present the sh ip for the purposes of embarking or disembarking a

pilot ;

“casu alty”, in rela t ion to a sh ip, means–

(a) the loss or the presumed loss, the st randing, the grounding or t he

abandonment of, or damage to, the sh ip or boa t belonging to the

sh ip; or

(b) damage caused by a sh ip or by a boa t belonging to the sh ip; or

(c) a loss of life caused by–

(i) fire on board; or

(ii) accident to; or

(iii) accident occur r ing on board,

the sh ip or a boa t belonging to the sh ip;

“certificate of competen cy” means a cer t ifica te issued to a crewman under

Sect ion 104 which ent it les the crewman to be employed in the capacity

sta ted in tha t cer t ifica te;

“th e Coastin g Trade Com m ittee” means the Coast ing Trade Commit tee

established under Sect ion 234;

“coastin g trade licen ce” means a licence granted under Sect ion 222;

“coastin g trade perm it” means a permit issued under Sect ion 232;

“th e Collis ion s Con ven tion ” means the Convent ion on the In terna t ional

Regula t ions for Prevent ing Collisions a t Sea 1972 as a ffected by any

amendment other than an amendment objected to by the Sta te, made

under Art icle 6 of tha t Convent ion;

“th e com m en cem en t date” means 16 September 1975, being the da te on

which the Merchant S hipping Act 1975 came in to force;

“com pu lsory p ilotage area” means the whole or a pa r t of a pilotage a rea in

respect of which a determin a t ion has been made under Sect ion 200;

2


Subsection (1) amended by No. 70 of 2006, s. 1; Subsection (1) amended by No. 70 of 2006, s. 1; Subsection (1)

amended by No. 70 of 2006, s. 1. 3

Section 1 Subsection (1) amended by No. 70 of 2006, s. 1.

Merchant S hipping 9999 s . 1.

– 3 –

“con tin en tal sh e lf” has the same meaning as in the Convent ion on the

Cont inenta l Shelf made a t Geneva on 26 Apr il 1958 as amended from

t ime to t ime;

“th e Cou rt” means the Na t iona l Cour t or the Dist r ict Cour t ;

“crew ” means those persons employed–

(a) on board; and

(b) in the business of,

a sh ip but does not include a pilot or a person temporar ily employed on

board the sh ip while the sh ip is a t a por t ;

“crew accom m odation ”, in rela t ion to a sh ip, means those par t s of the sh ip

which a re set a side for the exclusive use of the crew;

“Crew List”, in rela t ion to a sh ip, means a list of the crew of the sh ip made

and main ta ined under Sect ion 158;

“crew m an ”, in rela t ion to a sh ip, means a person other than –

(a) a pilot ; or

(b) a person temporar ily employed on board a sh ip while the sh ip is

a t a por t ,

being a person who is engaged or employed in any capacity on board the

sh ip and in the business of the sh ip;

“Crew m an ’s Iden tity Card” means a Crewman’s Ident ity Card issued under

Sect ion 154;

“dan gerou s goods” means any goods listed as dangerous goods in the

In terna t ional Mar it ime Dangerous Goods Code published by the

In tergovernmenta l Mar it ime Consulta t ive Organiza t ion , London, in

1965 as amended from t ime to t ime;

“dis tre ssed crew m a n ” means a person who–

(a) is, or has been , a crewman on a sh ip; and

(b) is a t a place away from his proper return por t by reason of having

been–

(i) left behind from a sh ip; or

(ii) sh ipwrecked in a sh ip; and

(c) has not elected under Sect ion 137 to be deemed not to be a

dist ressed crewman;

“em ployer”, in rela t ion to a crewman, means the person who has en tered in to

an agreement with the crewman for the employment of the crewman on

a sh ip;


– 4 –

“Em ploym en t Record Book” means an Employment Record Book issued

under Sect ion 156;

“equ ipm en t”, in rela t ion to a sh ip, includes every th ing or a r t icle belonging to

or used in connect ion with , or necessa ry for the naviga t ion and sa fety of,

the sh ip;

“exem pt p ilot” means a per son holding a cur rent pilotage exempt ion

cer t ifica te tha t en t it les h im to be in naviga t iona l command of a

pa r t icu la r sh ip, or of a sh ip with in a pa r t icu la r class of sh ip, in the

pilotage a rea in respect of which it is issued;

“exis t in g sh ip” means a sh ip tha t is not a new ship;

“gen eral category licen ce” means a coast ing t rade licence refer red to in

Sect ion 223(1)(a );

“Govern m en t sh ip” means a sh ip–

(a) tha t belongs to the Sta te or to an au thor ity or inst rumenta lity of

the Sta te; or

(b) tha t is held by any person on beha lf of, or for the benefit of, the

Sta te,

bu t does not include a sh ip belonging to–

(c) the Defence Force; or

(d ) the corpora t ion registered as the Papua New Guinea Shipping

Corpora t ion Propr ieta ry Limited;

“in tern al w aters” means any waters open to, or used for , navigat ion on the

landward side of the base line from which the limit s of the ter r itor ia l

sea of Papua New Guinea a re measured;

“th e In vestm en t P rom otion Au th ority” means the body by tha t name

established by Sect ion 5 of th e Investm ent Prom otion Act 1992 ;

4“Labou r Sh ippin g Officer” means a person appoin ted under Sect ion

102(1)(b);

“le ft beh in d”, in rela t ion to a crewman –

(a) means the leaving behind of a crewman belonging to a sh ip a t a

por t or place other t han the proper return por t of the crewman

a fter the depar ture of the sh ip from tha t por t or place; but

(b) does not include the leaving behind of a crewman, who without

the consent of the master of the sh ip, has left the sh ip to which he

belongs with the in ten t ion of not return ing to tha t sh ip;

“len gth ”, in rela t ion to a sh ip, means the distance measured from the fore

pa r t of the stem to the a ft side of the head of the stern post in a direct

4



– 5 –

line over the fore and a ft cent re line or , in a sh ip not having a stern

post , to the fore side of the rudder stock a t the poin t where the rudder

stock passes out of the hull;

“licen sed p ilot” means a person holding a current pilotage licence tha t

en t it les h im to be in pilotage charge of a sh ip in the pilotage a rea in

respect of which it is issued;

“load lin e” means a line marked on a sh ip indica t ing the depth to which a

sh ip may sa fely be loaded;

“th e Load Lin e Con ven tion ” means the In terna t iona l Convent ion on Load

Lines 1966 as a ffected by any amendment , other than an amendment

not accepted by the Sta te;

“Load Lin e Con vention sh ip” means a sh ip tha t is–

(a) of a kind to which the Load Line Convent ion applies; and

(b) registered in a count ry the government of which is a pa r ty to the

Load Line Convent ion;

5“Marin e In qu iry” means a Marine Inquiry caused to be held by the

Author ity under Sect ion 165, and includes the person holding such

Inquiry;

“m arin e n avigational a id”–

(a) means a ligh thouse, ligh tsh ip, beacon, marker , buoy or any

st ructu re, device or appara tus tha t is established or main ta ined

to be used pr incipa lly as an a id to mar ine naviga t ion; and

(b) includes any vessel, stores, equipment or other proper ty t he

pr incipa l use of which is the servicing of an a id to mar ine

naviga t ion ,

but , in the case of a sh ip other than a ligh tsh ip , does not include any

light , st ructure, device or appara tus which is pa r t of the sh ip;

“m aster”, in rela t ion to a sh ip, means the person having lawful command or

charge of the sh ip but does not include a pilot ;

“th e Merch an t Sh ippin g Acts of th e Un ited Ki n gdom ” means the Act of

the United Kingdom Par liament en t it led the Merchant Shipping Act

1894 and includes–

(a) a ll other Acts of the United Kingdom Par liament tha t a re to be

const rued as one with tha t Act ; and

(b) a ll Orders in Council and Proclamations u nder any such Act ; and

(c) a ll other ru les, regula t ions or not ices made or given by any

United Kingdom Author ity under any such Act ;

5



– 6 –

“m ortgage” means the inst rument crea t ing the secur ity under Sect ion 39;

“Nation al Flag” means the Na t ional Flag of Papua New Guinea ;

“th e Nation al In vestm en t and Deve lopm en t Au th ority” . . . [Omit ted]

“n ew sh ip” means a sh ip–

(a) the keel of which was la id; or

(b) tha t has been substant ia lly–

(i) a ltered; or

(ii) reconst ructed,

a fter 1 J anuary 1977, being the da te on which the Merchan t S hipping

(Am endm ent) Act 1976 came in to force;

“Offic ia l Log Book”, in rela t ion to a sh ip, means the Officia l Log Book kept

under Sect ion 157;

“offsh ore sh ip” means a sh ip tha t is–

(a) engaged in t he explora t ion or exploita t ion of the cont inenta l shelf

of the count ry; and

(b) opera t ing to, or from, or is based a t , a por t or place in the count ry;

“part of a sh ip” includes the hull, machinery and equipment of a sh ip;

“passen ger” means a person ca rr ied on board a sh ip with the knowledge or

consent of the owner or master of the sh ip but does not include–

(a) a person engaged in any capacity on board the sh ip in the

business of the sh ip; or

(b) a ch ild under the age of one year ;

“passen ger sh ip” means a sh ip tha t is–

(a) engaged on an in terna t ional voyage; and

(b) ca r rying more than 12 passengers;

“pilot”, in rela t ion to a sh ip, means any person not belonging to the sh ip who

has the lawful conduct of the sh ip;

“pilotage area” means a por t or place decla red as a pilotage a rea under

Sect ion 196;

“pilotage au th ority”, in rela t ion to a pilotage a rea , means the pilotage

au thor ity in respect of tha t a rea ;

“pilotage exe m ption certificate” means a pilotage exempt ion cer t ifica te

issued under Sect ion 206;

“pilotage licen ce” means a pilotage licence issued under Sect ion 206;

“pleasu re craft” means a vessel tha t is–


– 7 –

(a) exclusively used for pleasure; and

(b) not used for–

(i) h ire; or

(ii) reward; or

(iii) any commercia l purpose;

6“port of su b -registry” means a por t of sub-regist ry appoin ted by the

Author ity under Sect ion 13(2);

7“prin c ipal port of regis try” means the pr incipa l por t of regist ry appoin ted

by the Author ity under Sect ion 13(1);

“proper re tu rn port”, in rela t ion to–

(a) a crewman, means such por t or place as is–

(i) agreed on by the employer and crewman; and

(ii) named in the agreement ; and

(b) a dist ressed crewman , means a por t tha t is deemed under Sect ion

135 to be the proper return por t of the crewman;

“qu alified crew m an ” means a member of the crew of a sh ip who holds a

va lid cer t ifica te of competency issued under Sect ion 104;

“qu alified person ” means–

(a) a person refer red to in Sect ion 14(2)(a ); and

(b) a corpora t ion refer red to in Sect ion 14(2)(b);

“radio in sta llation ” means a radiotelegraphy or radiotelephony insta lla t ion

but does not include a radio-naviga t iona l a id;

“rate”, in rela t ion to a sh ip, means the charge made in respect of the provision

of a sh ipping service by the sh ip;

“th e Regis ter” means the Register of Ships refer red to in Sect ion 11(1);

“Regis ter of Crew m en ” means the Register of Crewmen kept under Sect ion

155;

“th e Regis trar” means the Regist ra r of Ships;

“safe ty certificate” means a cer t ifica te granted under Sect ion 70;

“th e Safe ty Con vention ” means the In terna t iona l Convent ion for the Safety

of Life a t Sea 1974 as a ffected by any amendment other than an

amendment not accepted by the Sta te which has been made and has

come in to force under Art icle VIII of the Convent ion and includes the

Protocol of 1978 rela t ing to the Convent ion;

6

Section 1 Subsection (1) amended by No. 70 of 2006, s. 1. 7



– 8 –

“Safe ty Con ven tion sh ip” means a sh ip tha t is–

(a) of a kind to which the Safety Convent ion applies; and

(b) registered in a count ry the government of which is a pa r ty to the

Safety Convent ion;

8“th e STCW Con vention ” means the In terna t iona l Convent ion on Standards

of Tra in ing, Cer t ifica t ion and Watchkeeping for Seafarers 1978, as

a ffected by any amendment made under Art icle XII of the sa id

Convent ion;

“seriou s in ju ry” means an in jury as a resu lt of which permanent incapacity

or dea th may occur ;

“sh ip” includes–

(a) in rela t ion to the ownership of a sh ip, a share in the sh ip and any

in terest in the sh ip or share; and

(b) an a ir cushioned vehicle; and

(c) every descr ipt ion of vessel used, or capable of being used, in

naviga t ion by water , bu t does not include a vessel ordinar ily

propelled by oars or a vessel or a ir cushioned vehicle belonging to

the Defence Force or to any of the defence forces of any other

count ry;

“Sh ippin g Officer Service Fees” means the fees refer red to in Sect ion 151;

“sh ippin g service” in rela t ion to a sh ip tha t is engaged in the coast ing t rade,

includes–

(a) the t ranspor t by water of goods or passengers; and

(b) the conduct of mar ine opera t ions including sa lvaging, towing,

ba rging, dredging, dr illing, surveying, const ruct ing, lift ing and

explor ing for , or exploit ing, the resources of the seabed;

“spec ia l category licen ce” means a coast ing t rade licence refer red to in

Sect ion 223(1)(b);

“su b-divis ion load lin e” means a load line indica t ing the depth to which a

passenger sh ip may be loaded having regard to–

(a) the extent to which the sh ip is sub-divided; and

(b) the space for the t ime being a llot ted to passengers;

“Su rvey Master Shee t” means the record of surveys and inspect ions of a sh ip

required by the regula t ions to be kept on board the sh ip;

8

Section 1(1) (definition of “the STCW Convention”) inserted by Merchant Shipping (Amendment) Act 1996 (No. 67

of 1996), s1.


– 9 –

9“su rveyor” means a surveyor of sh ips appoin ted by the Author ity under

Sect ion 57;

“su spen ded person” means a person whose name is included in the list of

suspended persons kept under Sect ion 148;

“th is Act” includes any regula t ions made under th is Act ;

“troopsh ip” means a sh ip tha t is–

(a) in the course of being used for the t ranspor t of members of the

Defence Force or the defence force of any other count ry; and

(b) owned or opera ted by and is under the con t rol of the Sta te or the

government of the other count ry;

“u n safe sh ip” means a sh ip tha t is deemed to be an unsafe sh ip under Sect ion

94.

(2) A reference in a Par t of th is Act to “th is P art” includes a reference to any

regula t ion made in respect of the mat ters conta ined in tha t Par t .

(3) Subject to Subsect ion (4), a sh ip sha ll, for the pu rposes of th is Act , be

deemed to have–

(a) been taken or sent to sea ; or

(b) gone or proceeded to sea ; or

(c) proceeded on a voyage,

if the sh ip has been got under way for the purposes of–

(d ) going to sea ; or

(e) plying or running; or

(f) proceeding on a voyage; or

(g) in the case of an offshore sh ip–under taking offshore opera t ions.

(4) A sh ip sha ll not be deem ed under Subsect ion (3) to have–

(a) been taken or sent to sea ; or

(b) gone or proceeded to sea ; or

(c) proceeded on a voyage,

by reason only tha t the sh ip has been got under way for the purpose of moving the

sh ip from one ber th or place in a por t to another ber th or place in the por t .

(5) Unless the cont ra ry in ten t ion appears, a reference in th is Act (other than

in Par t s II, III and IX) to the owner of a sh ip sha ll, where the sh ip is opera ted by a

person other than the owner , be read as including a re ference to tha t person .

(6) The Minister may, by inst rument , cer t ify tha t an amendment to–

9



– 10 –

(a) the Collisions Convent ion; or

(b) the Load Line Convent ion; or

(c) the Safety Convent ion ,

is an amendment that is objected to, or tha t is not accepted by, the St a te.

(7) In any proceedings under th is Act a cer t ifica te given under Subsect ion (6) is

prim a facie evidence of the mat ters sta ted in the cer t ifica te.

(8) A sh ip is deemed to be engaged in the coast ing t rade where the sh ip –

(a) t akes on board passengers or ca rgo a t a por t or place in the count ry to

be ca rr ied to or landed a t another por t or place in the count ry; or

(b) leaves a por t or place in the count ry–

(i) to under take the provision of a sh ipping service with in the

ter r itor ia l wa ters of the count ry; or

(ii) being a sh ip tha t is an offshore sh ip–to under take offshore

opera t ions.


– 11 –

P ART II. – NATIONAL CHARACTER AND FLAG.

2. P ENALTY FOR UNDULY ASSUMING P AP UA NEW GU INEA

CHARACTER.

(1) If a person uses the Na t ional Flag or assumes Papua New Guinea na t ional

character on board a sh ip owned in whole or in pa r t by a person who is not a

qua lified person for the purpose of making the sh ip appear to be a ship registered

under th is Act , the sh ip is liable to forfeiture unless the use or assumpt ion has been

made for the pu rpose of escaping capture by an enemy or by a foreign sh ip of war in

the exercise of some belligerent r ight .

(2) In any proceeding for the enforcemen t of the forfeiture of a sh ip under

Subsect ion (1), the burden of proving a r ight to use the Na t iona l F la g or to assume

Papua New Guinea na t ional character lies on the per son using or assuming tha t F lag

or tha t character .

3. P ENALTY FOR CONCEALMENT OF P AP UA NEW GUINEA

CHARACTER OR ASSUMP TION OF FOREIGN CHARACTER.

(1) A master or owner of a sh ip registered under th is Act who–

(a) does or permits anything to be done; or

(b) ca r r ies or permits to be ca rr ied on a sh ip, any papers or documents,

with in ten t to–

(c) concea l the Papua New Guinea character of the sh ip from a person

ent it led by Papua New Guinea law to inquire in to the character of the

sh ip; or

(d ) deceive a person refer red to in Paragraph (c); or

(e) a ssume a foreign character ,

is gu ilty of an offence.

Pena lty: 10

A fine not exceeding K20,000.00.

(2) Where the master or owner of a sh ip is convicted of an offence under

Subsect ion (1), the sh ip is liable to forfeiture.

4. P ENALTY FOR ACQUIRIN G OWNERSHIP IF UNQUALIFIED.

If a person , other than a qualified person , acquires as owner any in terest ,

either lega l or beneficia l, otherwise than by such t ransmission as is provided for in

th is Act , in a ship registered under th is Act , tha t in terest is liable to forfeiture.

5. LIABILITIES OF UNREGISTERED SHIP S.

(1) Where a sh ip tha t is required to be registered under th is Act is not so

registered, the sh ip sha ll not be en t it led–

10



– 12 –

(a) to any benefit , pr ivilege, advantage or protect ion usua lly en joyed by a

sh ip registered under th is Act ; or

(b) to use the Na t ional Flag; or

(c) to assume Papua New Guinea na t iona l character .

(2) In the case of a sh ip to which Subsect ion (1) applies, the owner and the

owner and master of the sh ip sha ll, in rela t ion to–

(a) the payment of dues; and

(b) the liability to fines and forfeiture; and

(c) the punishment of offences commit ted on board the sh ip; and

(d ) offences commit ted by persons belonging to the sh ip,

be dea lt with in the same manner in a ll respects as if the sh ip were registered under

th is Act .

6. NATIONAL COLOURS.

(1) The Nat ional Flag sha ll be the proper na t ional colours for a sh ip registered

under th is Act .

(2) A master of a sh ip registered under th is Act who, except where it would be

unreasonable having regard to a ll the circumstances to do so, fa ils to cause the

Na t iona l F lag to be hoisted a t a ll t imes on the sh ip, is gu ilty of an offence.

Pena lty: 11


(3)12

13

Where, except with the consent of the Author ity, any dist inct ive na t ional

colours other than the Na t ional Flag a re hoisted on board a sh ip registered under

th is Act–

(a) the master of the sh ip; and

(b) the owner if he is on board the sh ip; and

(c) any person hoist ing those colours,

a re each guilty of an offence.

Pena lty: 14


11






– 13 –

P ART III. – REGISTRATION OF SHIP S.

Div ision 1.

Th e R egist ra r a n d th e R egist er of S h ip s.

7. REGISTRAR.

(1) There sha ll be a Regist ra r of Ships.

(2)15

16

The Author ity is the Regist ra r .

(3) The Regist ra r , an assistan t to the Regist ra r or a delega te of the Regist ra r is

not liable for any act or omission done or made by h im bona fide and without

negligence under , or for the purposes of, th is Act .

8. DELEGATION BY REGISTRAR.

Subject to th is Act , t he Regist ra r may, by inst rument delega te to a person a ll

or any of h is powers and funct ions under th is Act (except th is power of delega t ion).

9. ASSISTANTS TO THE REGISTRAR.

The Regist ra r may, in respect of the p r incipa l por t of regist ry and each por t of

sub-regist ry, by inst rument , appoin t a s many persons to assist h im as, in h is opin ion,

a re required for the purposes of th is Act .

1017

. [R EP EALED .]

11. REGISTER OF SHIP S.

(1) The Regist ra r sha ll cause to be kept a t the pr incipa l por t of regist ry a

register book to be known as the Register of Ships.

(2) The Regist ra r sha ll cause to be en tered in the Register pa r t icu la rs of a ll

sh ips registered under th is Act and such other en t r ies as may be required by this Act

to be en tered in the Register .

(3) Any person may inspect the Register a t any t ime dur ing the hours of

officia l a t tendance by the Regist ra r .

12. P ROVISIONS RELATING TO REGISTRATION.

The following provisions apply to, and in rela t ion to, the regist ra t ion of sh ip s

under th is Act :–

(a) the proper ty in a sh ip sha ll be divided in to 64 shares; and

(b) subject to the provisions of th is Act with respect to join t owners or

owners by t ransmission , not more than 64 persons sha ll be en t it led to be

registered a t the same t ime as owners of any one sh ip but th is provision

15

Section 7 Subsection (2) substituted by No. 70 of 2006, s. 4. 16

Section 7 Subsection (2) substituted by No. 70 of 2006, s. 4. 17

Section 10 Repealed by No. 70 of 2006, s. 5.


– 14 –

sha ll not a ffect the beneficia l t it le of any number of persons or of a

company represented by or cla iming under or through any registered

owner or join t owner ; and

(c) a person sha ll not be en t it led to be registered as owner of a fr act ional

pa r t of a share in a sh ip but any number of persons not exceeding five

may be registered as join t owners of a sh ip or of any share or shares in

the sh ip; and

(d ) join t owners sha ll be considered as const itu t ing one person only as

regards the persons en t it led to be registered, and sha ll not be ent it led to

dispose severa lly of any in terest in a sh ip, in respect of which they a re

join t ly registered; and

(e) a corpora t ion sha ll be registered as owner by it s corpora te name.

Div ision 2.

R egist r a t ion of Sh ip s.

13. P ORTS OF REGISTRY.

(1)18

19

The Author ity sha ll, by not ice in the Na t ional Gazet te appoin t a por t in

the count ry to be the pr incipa l por t of regist ry for the purposes of th is Act .

(2)20

21

The Author ity may, by not ice in the Na t ional Gazet te appoin t por t s in

the count ry to be por t s of sub-regist ry for t he purposes of th is Act .

14. QUALIFICATION FOR OWNING REGISTERED SHIP .

(1) Subject to Sect ions 15 and 17, the Regist ra r sha ll not register a sh ip under

th is Act unless–

(a) the sh ip is owned wholly by a qua lified person , or by persons each of

whom is a qualified person; and

(b) the sh ip is not registered in any other count ry.

(2) For the purposes of th is Act –

(a) a person who is a cit izen of Papua New Guinea ; and

(b) a corpora t ion–

(i) tha t is established under , and is subject to, the laws of Papua

New Guinea ; and

(ii) tha t has it s pr incipal place of business in Papua New Guinea ,

being a corpora t ion tha t is–

18






– 15 –

(iii) registered by the Investment and Promot ion Author ity to ca rry on

business as a sh ipowner in Papua New Guinea ; or

(iv) a na t iona l en terpr ise with in the meaning of Sect ion 3 of the

Investm ent Prom otion Act 1992 .

is a qua lified person and no other per son is a qualified person .

(3)22

23

Where the Regist ra r has reasonable cause to believe, and does believe,

tha t any sh ip registered under th is Act should not cont inue to be so registered, he

may direct the Regist ra r to require the master and owner of t he sh ip, or either of

them, to produce evidence h is sa t isfact ion tha t the sh ip shou ld cont inue to be so

registered.

(4)24

25

If with in such t ime as may be determined by the Aut hor ity, not being

less than 30 days, the evidence refer red to in Subsect ion (3) is not produced, the sh ip

is liable to forfeiture.

15. REGISTRATION OF GOVERNMENT SHIP S.

(1) The regula t ions sha ll provide for the regist ra t ion of Government sh ips.

(2) The regula t ions may exempt a Government sh ip or class of Government

sh ips from the whole or any of the provisions of th is Par t .

(3) Subject to Subsect ion (2), this Act applies to Government sh ips tha t a re

registered under th is Act .

16. OBLIGATION TO REGISTER SHIP S.

(1) In th is sect ion , a r eference to an exempt sh ip sha ll be read as a reference to

a sh ip tha t is–

(a) an a ir cushioned vehicle; or

(b) less than 10 m in length ; or

(c) in the opin ion of the Regist ra r , of t radit iona l build; or

(d ) employed solely in navigat ion on in terna l wa ters; or

(e) a pleasure cra ft .

(2) The owner or owners of a sh ip tha t is–

(a) owned wholly by a qua lified person or by persons each of whom is a

qua lified person; and

(b) not registered in any other count ry,

other than an exempt sh ip, sha ll apply for the regist ra t ion of the sh ip under th is Act .

(3) The owner or owners of an exempt sh ip tha t is–

22

Section 14 Subsection (3) amended by No. 70 of 2006, s. 7; Subsection (3) amended by No. 70 of 2006, s. 7. 23





– 16 –

(a) owned wholly by a qua lified person or by persons each of whom is a

qua lified person; and

(b) not registered in any other count ry,

may apply for the regist ra t ion of the sh ip under th is Act .

17. AUTOMATIC REGISTRATION OF CERTAIN SHIP S.

A ship–

(a) tha t was, immedia tely before the commencement da te, registered in

accordance with the Merchant Shipping Acts of the United Kingdom a t

a por t tha t becomes, a fter the commencement da te, the pr incipa l por t of

regist ry or a por t of sub-regist ry under th is Act ; and

(b) tha t is wholly owned by a qua lified person or by persons each of whom is

a qualified person ,

sha ll immedia tely on receipt by the Regist ra r of an applica t ion under th is sect ion by

the owner or owners, accompanied by evidence to the sa t isfact ion of the Regist ra r

tha t regist ry under t he Merchant Shipping Acts of the United Kingdom has been

closed, be deemed to be registered under th is Act , a nd the Regist ra r sha ll issue a

cer t ifica te of regist ry accordingly.

18. SURVEY AND MEASUREMENT OF SHIP .

(1) Subject to Subsect ion (5), a sh ip sha ll, before regist ry, be surveyed by a

surveyor and, subject to Subsect ion (4), it s tonnage sha ll be ascer ta ined by the

surveyor in the prescr ibed manner and not ified to the Safety Officer who sha ll issue

a tonnage cer t ifica te in respect of the sh ip.

(2) A tonnage cer t ifica te sha ll–

(a) be in the prescr ibed form; and

(b) specify the tonnage and build of the sh ip and such other pa r t icu la rs in

respect of the sh ip as a re prescr ibed; and

(c) before the sh ip is registered, be delivered to the Regist ra r or to an

assistan t to the Regist ra r .

(3) The fees to be paid by the owner or owners of the sh ip to a surveyor in

respect of a survey under th is sect ion a re as prescr ibed.

(4) Unt il regula t ions a re made by which the tonnage of a sh ip may be

ascer ta ined, the tonnage of a sh ip may, if the Safety Officer so approves in the

pa r t icu la r case, be taken to be the tonnage of the sh ip as ascer ta ined in , and

evidenced in writ ing in a form genera lly recognized in , another count ry, un less, in

the opin ion of the Safety Officer , the sh ip has been a ltered since the tonnage of the

sh ip was so ascer ta ined.

(5) Where an applica t ion is made to th e Regist ra r for the regist ra t ion of a sh ip

tha t was, immedia tely before the commencement da te, registered a t a por t in Papua


– 17 –

New Guinea under a law other than the Merchant Shipping Acts of the United

Kingdom, the Safety Officer may determine the tonnage of the sh ip and may issue a

tonnage cer t ifica te for the sh ip.

19. MARKING OF SHIP .

(1) A sh ip in respect of which an applica t ion for regist ra t ion is made sha ll not

be registered unless t he sh ip has first been marked permanent ly and conspicuously

in the prescr ibed manner .

(2) The marks requ ired by th is sect ion to be placed on a sh ip sha ll be

permanent ly cont inued and no a ltera t ion sha ll be made to those marks except a s

provided by th is Act .

(3) An owner or mast er of a sh ip registered under th is Act who fa ils t o cause

the sh ip to be marked as required by this sect ion , or to keep the sh ip so marked, is

guilty of an offence.

Pena lty: 26


Default pena lty: 27


(4) A person who concea ls, removes, a lters, defaces or oblitera tes any mark

required by th is Act to be placed and kept on a sh ip, except as provided by th is Act or

for the purposes of escaping from an enemy, is guilty of an offence.

Pena lty: 28


(5)29

30

The Author ity may, by not ice in the Nat iona l Gazet te, exempt the owner

or master of any sh ip or class of sh ips from complying, in whole or in pa r t , with the

requirements of th is sect ion .

20. AP P LICATION FOR REGISTRATION.

(1) An applica t ion for the regist ra t ion of a sh ip under th is Act sha ll be made by

the owner or owners to the Regist ra r , or to an assistan t to the Regist ra r , in the

prescr ibed form.

(2) An applica t ion under Subsect ion (1) sha ll be made–

(a) where the owner is a corpora t ion –by the agent of the corpora t ion; or

(b) where the owner is not a corpora t ion –by the person or persons seeking

the regist ra t ion of the sh ip or by h is or their agent .

(3) The author ity of the agent refer red to in Subsect ion (2) sha ll be in wr it ing,

and–

26







– 18 –

(a) in the case of an agent appoin ted by a corpora t ion–under the common

sea l of the corpora t ion; and

(b) in the case of a per son or persons other t han a corpora t ion –under the

hand of tha t person or those persons.

(4) The Regist ra r may require proof, to h is sa t isfact ion –

(a) of the ownership; and

(b) of the seaworth iness,

of a sh ip before proceeding with the regist ra t ion of the sh ip.

(5) An applica t ion for the regist ra t ion of a sh ip under th is Act sha ll be

accompanied by such evidence in respect of the sh ip as may be prescr ibed.

21. DECLARATION OF OWNERSHIP ON REGISTRY.

A person sha ll not be en t it led to be registered as owner of a sh ip unt il he, or in

the case of a corpora t ion , a person author ized under the common sea l of the

corpora t ion to make decla ra t ions on behalf of the corpora t ion , has made a nd signed a

decla ra t ion of ownership refer r ing to the sh ip as descr ibed in the tonnage cer t ifica te

and conta in ing the prescr ibed par t icu la rs.

22. REGISTRATION OF SHIP S.

(1) Where the requirements of th is Act rela t ing to a sh ip before regist ry have

been complied with , the Regist ra r sha ll, on payment of the prescr ibed fee, register

the sh ip by a llot t ing to the sh ip a regist ry number and by enter ing in the Register

the name of the sh ip, the regist ry number a llot ted to the sh ip and such other

pa r t icu la rs in respect of the sh ip as a re prescr ibed.

(2)31

32

The Regist ra r sha ll not register a ship by a name by which a sh ip is

a lready registered under th is Act or , by a name tha t is, in the opin ion of the

Regist ra r , undesirable.

(3) Where a sh ip has been registered under Subsect ion (1), the Regist ra r sha ll

reta in the document s submit ted in connect ion with the applica t ion for regist ra t ion as

a re prescr ibed.

23. CERTIFICATE OF REGIS TRY.

(1) As soon as pract icable a fter the regist ra t ion of a sh ip the Regist ra r sha ll

grant to the owner or owners a cer t ifica te of regist ry in the prescr ibed form.

(2) The cer t ifica te of regist ry sha ll be kept in a sa fe place on the sh ip.

(3) The cer t ifica te of regist ry of a sh ip sha ll be used only for the lawful

naviga t ion of the sh ip and sha ll n ot be subject to detent ion by reason of any t it le,

31




– 19 –

lien , charge, or in terest had or cla imed by any owner , mor tgagee, or other per son to,

on or in the sh ip.

(4) A master or owner of a sh ip who uses, for the naviga t ion of the sh ip, a

cer t ifica te of regist ry not legally granted in respect of the sh ip is guilty of an offence.

Pena lty: 33


(5) A person who–

(a) has in h is possession or under h is cont rol t he cer t ifica te of regist ry of a

sh ip; and

(b) refuses or fa ils, without reasona ble cause, to deliver the cer t ifica te on

demand to–

(i) the per son ent it led to it s custody for the purposes of the lawful

naviga t ion of the sh ip; or

(ii) the Regist ra r ; or

(iii) any other person ent it led by law to require it s delivery,


Pena lty: 34


(6)35

36

If the master of a sh ip in respect of which the owners a re required by

Sect ion 16(2) to apply for regist ra t ion fa ils on demand by the Author ity to produce to

the Author ity the cer t ifica te of regist ry of the sh ip, the sh ip may be deta ined by the

Author ity unt il the cer t ifica te is produced.

(7) The Regist ra r may, on the delivery to h im of a cer t ifica te of regist ry

granted under Subsect ion (1), grant a new cer t ifica te in it s place.

24. P ROVISIONAL REGISTRATION.

(1)37

38

Where–

(a) a sh ip a t a place outside the count ry becomes wholly owned by a

qua lified person , or by persons each of whom is a qua lified person; and

(b) either–

(i)39

tha t person , or one or more of those persons, decla res to the

Regist ra r or to an Assistan t to the Regist ra r an in ten t ion to apply

to have the sh ip registered under th is Act ; or

33









– 20 –

(ii) the master of the sh ip makes such a decla ra t ion and decla res in

tha t decla ra t ion tha t he is au thor ized by the owner or by one or

more of the owners to make the decla ra t ion,

the Regist ra r or an Assistan t to the Regist ra r , a s the case may be, may grant a

provisiona l cer t ifica te of regist ry for the sh ip in the prescr ibed form.

(2)40

[R epealed .]

(3) A provisiona l cer t ifica te of regist ry granted under Subsect ion (1) sha ll be

deemed to be a cer t ifica te of regist ry granted under Sect ion 23(1)–

(a) un t il the expiry of three months a fter the da te on which it was granted;

or

(b) un t il the expiry of 10 days a fter the a r r ival of the sh ip a t the pr incipa l

por t of regist ry or a t a por t of sub-regist ry,

whichever is the ea r lier .

(4) The master of a sh ip in respect of which a provisiona l cer t ifica te of regist ry

is granted under Subsect ion (1) who fa ils, with in 10 days a fter the first a r r iva l of the

sh ip a t the pr incipa l por t of regist ry or a t a por t of sub-regist ry, to deliver the

cer t ifica te to the Regist ra r or to an assistant to the Regist ra r is guilty of an offence.

Pena lty: 41


25. P ROVISION FOR LOSS OF CERTIFICATE OF REGISTRY IN P AP UA

NEW GUINEA.

(1) This sect ion applies to a sh ip the cer t ifica te of regist ry of which , or the

provisiona l cer t ifica te of regist ry of which , is lost , misla id or dest royed while the sh ip

to which the cer t ifica te applies is in the count ry or while the sh ip is p roceeding on a

journey with it s next por t of ca ll in the count ry.

(2) Where a cer t ifica te of regist ry or a provisional cer t ifica te of regist ry has

been lost , misla id or dest royed, the Regist ra r sha ll, on applica t ion by the owner or

owners of a sh ip to which th is sect ion applies, suppor ted by a decla ra t ion made by a

person having knowledge of the fact s of the case set t ing out those fact s, issue –

(a) in the case of a cer t ifica te of regist ry–a cer t ified copy of the cer t ifica te of

regist ry; or

(b) in the case of a provisiona l cer t ifica te of regist ry–a cer t ified copy of the

provisiona l cer t ifica te of regist ry,

in respect of the sh ip.

26. P ROVISION FOR LOSS OF CERTIFICATE OUTSID E P AP UA NEW

GUINEA.

(1) This sect ion applies to a sh ip other than a sh ip to which Sect ion 25 applies.

40

Section 24 Subsection (2) omitted by No. 70 of 2006, s. 11. 41



– 21 –

(2)42

43

Where a cer t ifica te of regist ry or a provisiona l cer t ifica te of regist ry of a

sh ip to which th is sect ion applies is lost , misla id or dest royed, the Regist ra r or an

Assistan t to the Regist ra r a t the por t a t which the sh ip next a r r ives s ha ll, on an

applica t ion made by or on beha lf of the owner or owners of the sh ip suppor ted by a

decla ra t ion by a person having knowledge of the fact s of the case set t ing out those

fact s, issue–

(a) in the case of a cer t ifica te of regist ry–a cer t ified copy of the cer t ifica te of

regist ry; or

(b) in the case of a provisiona l cer t ifica te of regist ry–a cer t ified copy of the

provisiona l cer t ifica te of regist ry,

in respect of the sh ip.

(3)44

[R epealed .]

27. CHANGE IN OWNERSHIP .

Where a change occurs in the ownership of a sh ip registered under th is Act by

reason of a t ransfer of the sh ip to a qua lified person –

(a) not ifica t ion of the change sha ll be given to the Regist ra r ; and

(b) the cer t ifica te of regist ry sha ll be endorsed in the prescr ibed manner .

28. DELIVERY OF CERTIFICATE WHERE SHIP IS LOST OR AN OWN ER

CEASES TO BE A QUALIFIED P ERSON.

(1) Where–

(a) a sh ip registered under th is Act is either a ctua lly or const ruct ively lost ,

t aken by the enemy, burn t or broken up; or

(b) a person who is the owner of a sh ip regist ered under th is Act , whether

a lone or join t ly with other persons, ceases t o be a qualified person; or

(c) a person who is the owner of a sh ip registered under th is Act t ransfers

the ownership of the sh ip to a person who is not a qua lified person ,

the owner of the sh ip or , if the sh ip is owned by more than one person , each of those

persons, unless he has given writ ten not ice of the fact to the Regist ra r or to an

assistan t to the Regist ra r with in 72 hours a fter the t ime when he first had

knowledge of the fact , is gu ilty of an offence.

Pena lty: 45


(2) Where–

(a) an event refer red to in Subsect ion (1)(a ) occurs or a circumstance

refer red to in Subsect ion (1)(b) a r ises; and

42



Section 26 Subsection (3) omitted by No. 70 of 2006, s. 12. 45



– 22 –

(b) two or more persons own the sh ip concerned; and

(c) any one of those per sons, with in 72 hours a fter the t ime when tha t

person first had knowledge of the fact , gives not ice to the Regist ra r or to

an assistan t to the Regist ra r ,

the not ice sha ll be deemed to have been given not only by tha t person but a lso by

such of those per sons (if any) as did not have knowledge of the fact a t the t ime when

the first -ment ioned person first had knowledge of the fact .

(3)46

47

Where an event refer red to in Subsect ion (1)(a ) occurs or a circumstance

refer red to in Subsect ion (1)(b) or (c) a r ises, the Regist ra r may direct the person who

has the cer t ifica te of regist ry or the provisiona l cer t ifica te of regist ry in his

possession to deliver , with in 30 days a fter the occurrence of the event , or a fter the

circumstance has a r isen , the cer t ifica te or the provisiona l cer t ifica te, a s the case may

be, to the Regist ra r or to an assistan t to the Regist ra r .

(4) A person who refuses or fa ils to comply with a direct ion given under

Subsect ion (3) is guilty of an offence.

Pena lty: 48


(5) The Regist ra r sha ll, on receipt of a not ice specifying tha t an event refer red

to in Subsect ion (1)(a ) has occur red in rela t ion to a sh ip, make or cause to be made an

en t ry in the Register of the event , and the regist ry of the sh ip in the Re gister shall be

deemed to be closed except in so fa r a s rela tes to any unsa t isfied mortgage of the

sh ip.

(6) The Regist ra r sha ll, on receipt of not ice tha t a circumstance specified in

Subsect ion (1)(b) or (c) has a r isen , make or cause to be made an en t ry in the Register

tha t not ice has been received and, subject to th is sect ion , the regist ry of the sh ip

sha ll be deemed to be closed.

(7) Where, a t the t ime when the Regist ra r receives not ice tha t a circumstance

refer red to in Subsect ion (1)(b) or (c) is applicable in rela t ion to the owner or owners

of a sh ip registered under th is Act , the sh ip is subject to an undischarged mortgage

entered in the Register , the Regist ra r sha ll give to the mortgagee writ ten not ice

specifying the circumstances so applicable.

(8) If, with in 30 days a fter not ice is given to the mortgagee under Subsect ion

(7), an applica t ion is not made to the Na t iona l Cour t for an order under Subsect ion

(9), the regist ry of the sh ip in the Register sha ll, subject to Subsect ion (11), be

deemed to be closed on the expira t ion of tha t per iod.

(9) If, before the expira t ion of the per iod of 30 days refer red to in Subsect ion

(8) or with in such fu r ther t ime as the Na t iona l Cour t , on an applica t ion made before

or a fter the expira t ion of tha t per iod, a llows, an applica t ion is made to the Na t ional

Cour t for an order under th is subsect ion , the Na t ional Cour t may order the sa le of

46





– 23 –

the sh ip and direct tha t the proceeds of the sa le, a fter deduct ing the expenses of the

sa le, be pa id first to the mortgagee or , if there a re two or more mortgages, to the

mortgagees in order of pr ior ity and, a fter sa t isfact ion of the mortgage or mor tgages,

to the owner or owners of the sh ip.

(10) Where the Na t iona l Cour t grants an applica t ion for an extension of t ime

with in which an applica t ion for an order under Subsect ion (9) may be made, it may

grant the extension on such terms and condit ions as to cost s and otherwise as it

th inks just .

(11) On an applica t ion for an order under Subsect ion (9), the Na t ional Cour t

may give such direct ion s with respect to t he closure of the regist ry of the sh ip as it

th inks fit , and the Regist ra r sha ll give effect to any direct ions given by the Na t iona l

Cour t .

29. REGISTRY OF ALTERATIONS.

(1) Where a sh ip registered under th is Act is so a ltered as not to correspond

with the pa r t icu la rs rela t ing to the tonnage cer t ifica te or to the descr ipt ion of the

sh ip conta ined in the Register , the owner of the sh ip must , with in 21 days, make, or

cause to be made, to the Regist ra r a wr it ten applica t ion to register the a l tera t ion .

(2) An owner of a sh ip who refuses or fa ils to comply with the provisions of


Pena lty: 49



A fine not exceeding K200.00.

(3) An applica t ion made under Subsect ion (1) shall be accompanied by a

tonnage cer t ifica te issued under Sect ion 18.

(4) The Regist ra r , on receipt of an applica t ion under Subsect ion (1) and on

receipt of the prescr ibed fee (if any), sha ll cause the a ltera t ion to be registered.

(5) In causing the a ltera t ion of a sh ip to be registered, the Regist ra r sha ll

cancel the cer t ifica te of regist ry and sha ll grant a new cer t ifica te of regist ry and sha ll

make the prescr ibed ent r ies in the Register .

30. OWNER TO FURNISH P ARTICULARS.

(1) The owner of a sh ip registered under th is Act must –

(a) with in 28 days a fter the expira t ion of a per iod of five years from the

da te of grant of a cer t ifica te of regist ry under Sect ion 23(1); and

(b) with in 28 days a fter the expira t ion of each fur ther per iod of five years,

furn ish the Regist rar with such par t icu la rs in respect of the sh ip as may be

prescr ibed.

49




– 24 –

(2) An owner of a sh ip who refuses or fa ils to comply with the provisions of


Pena lty: 51




Div ision 3.

Tr a n sfer s a n d Tra nsm ission .

31. TRANSFER TO BE BY BILL OF SALE.

(1) Where a sh ip registered under th is Act is disposed of to a qua lified person ,

or to persons each of whom is a qua lified person , the sh ip sha ll be t ransfer red by a

bill of sa le.

(2) A bill of sa le sha ll–

(a) be in the prescr ibed form; and

(b) be executed by the t r ansferor and the t ransferee in the presence of, and

be a t tested by, a witness or witnesses.

32. DECLARATION OF TRANS FER.

Where a sh ip r egistered under th is Act is t ransfer red, the t ransferee is not

en t it led to be registered as owner of the sh ip unt il he, or in the case of a corpora t ion ,

a person author ized by th is Act to make decla ra t ions on beha lf of the corpora t ion , has

made and signed a decla ra t ion of t ransfer in the prescr ibed form refer r ing to the sh ip

and conta in ing–

(a) sta tements tha t show tha t the t ransferee is a qua lified person , or , where

there is more than one t ransferee, tha t each t ransferee is a qua lified

person; and

(b) a st a tement tha t , to the best of h is knowledge and belief, on ly a

qua lified person , or persons each of whom is a qua lified person , is or a re

en t it led as owner to any lega l or beneficia l in terest in the sh ip or a

share in the sh ip.

33. REGISTRATION OF TRAN SFER.

(1) Every bill of sa le for the t ransfer of a sh ip registered under th is Act , when

duly executed, sha ll be produced to the Regist ra r with the decla ra t ion of t ransfer

refer red to in Sect ion 32, and the Regist ra r sha ll–

(a) en ter in to the Register the name of the t ransferee as owner of t he sh ip;

and

(b) endorse on the bill of sa le the fact of the en t ry having been made, with

the day and hour of the en t ry.

51




– 25 –

(2) Bills of sa le of a sh ip registered under th is Act sha ll be en tered in the

Register in the order of th eir product ion to the Regist ra r .

34. TRANSMISSION OF P ROP ERTY IN SHIP ON DEATH, INSOLVENCY,

ETC.

(1) Where the proper ty in a sh ip registered under th is Act is t r ansmit ted to a

qua lified person , or t o persons each of whom is a qua lified per son , on the dea th or

insolvency of any registered owner , or by any lawful means other than by a t ransfer

made under th is Act , tha t person sha ll au thent ica te the t ransmission by making and

signing a decla ra t ion of t ransmission in the prescr ibed form iden t ifying the sh ip, an d

the decla ra t ion of t ransmission sha ll conta in such sta tements and sha ll be

accompanied by such documents as a re prescr ibed.

(2) The Regist ra r , on receipt of the decla ra t ion of t ransmission under

Subsect ion (1), accompanied by the sta tements and documents refer red to in that

subsect ion , sha ll en ter in the Register –

(a) the name of the person ent it led under the t ransmission as owner of the

sh ip the proper ty in which has been t ransmit ted; and

(b) where there is more than one such person –the names of a ll such

persons, but those per sons, however numerous, sha ll, for the purposes of

the provisions of th is Act with respect to the number of persons en t it led

to be registered as owners, be considered as one person .

35. ORDER FOR SALE ON TRANSMISSION TO UNQUALIFIED P ERSON.

(1) Where the proper ty in a sh ip registered under th is Act is t ransmit ted on

dea th or insolvency or otherwise to a person who is not a qua lified person , or to

persons one or more of whom is not a qualified person , the Na t iona l Cour t may, on

applica t ion by or on beha lf of tha t person or one or more of those persons –

(a) order a sa le of the proper ty so t ransmit ted; and

(b) direct tha t the proceeds of the sa le, a fter deduct ing the expenses of the

sa le, be paid to the person or persons en t it led u nder the t ransmission or

otherwise as the Na t iona l Cour t direct s.

(2) The Nat iona l Cour t may require any evidence it thinks fit in suppor t of the

applica t ion refer red to in Subsect ion (1) and may make the order on any terms and

condit ions it thinks just , or may refuse to make the order , and genera lly may act in

the case as the just ice of the case requires.

(3) An applica t ion under Subsect ion (1) sha ll be made with in 30 days a fter the

occur rence of the event on which the t ransmission has taken place, or with in such

fur ther t ime, not exceeding in the whole one year from the da te of the occurrence, a s

the Na t iona l Cour t a llows.

(4) If the applica t ion is not made with in the t ime specified in Subsect ion (3) or

if the Na t iona l Cour t refuses an order for sa le, the sh ip t ransmit ted is liable to

forfeiture.


– 26 –

36. TRANSFER OF SHIP OR SALE BY ORDER OF NATIONAL COURT.

(1) Where the Na t iona l Cour t orders the sa le of a sh ip registered under th is

Act , the order sha ll conta in a decla ra t ion vest ing in a person or persons specified in

the order the r ight to t ransfer the sh ip, and tha t person is en t it led to t ransfer the

sh ip in the manner and to the same extent a s if he were the registered owner of the

sh ip.

(2) The Regist ra r sha ll obey the requisit ion of the person named in a

decla ra t ion under Subsect ion (1) in respect of any such t ransfer to the same extent a s

if tha t person were the registered owner .

37. NATIONAL COURT MAY P ROHIBIT TRANSFER.

(1) The Nat ional Cour t may, if it thinks fit , and without prejudice to any other

of it s powers, on the applica t ion of a person cla iming an in terest in a ship registered

under th is Act , make an order prohibit ing for the t ime specified in the order any

dea ling with tha t sh ip.

(2) The Nat iona l Cour t may make an order under Subsect ion (1) on any terms

or condit ions it th inks just , or may refuse to make the order , or may discharge the

order when made, with or without cost s, and genera lly may act in the case as the

just ice of the case requires.

(3) The Regist ra r , a ft er being served with a copy of an order made under th is

sect ion , sha ll not register any dea ling prohibited by the order .

38. CERTAIN TRANSFERS REQUIRE CONSENT OF THE MINISTER.

(1) A person who, without the writ ten consent of the Minister , a t tempts to

t ransfer a sh ip to a person other than a qua lified person , or to persons one or more of

whom is not a qualified person , where–

(a) the sh ip has a gross tonnage exceeding 500 tons; and

(b) less than 20 years have elapsed since the first regist ra t ion of the sh ip

whether under a law in force, before or a fter the commencement da te, in

Papua New Guinea or elsewhere,


Pena lty: 53

A fine not exceeding K40,000.00 or impr isonment for a t erm not

exceeding 12 months.

(2) A t ransact ion by which a per son purpor t s to t ransfer a sh ip in

cont ravent ion of Subsect ion (1) is void and of no effect .

53



– 27 –

Div ision 4.

Mor t ga ges.

39. METHOD OF MORTGAGE OF SHIP .

(1) A sh ip registered under th is Act may be made a secur ity for a loan or other

va luable considera t ion , and the mortgage sha ll be in the prescr ibed form.

(2) The Regist ra r , on the product ion to h im of a mor tgage, shall register the

mortgage by making an ent ry of the mortgage in the Register .

(3) The Regist ra r sha ll–

(a) register mor tgages in the order in which they a re produced to h im for

tha t purpose; and

(b) endorse and sign a memoria l on each mortgage, sta t ing the da te and

t ime tha t it was produced to h im.

40. ENTRY OF DISCHARGE OF MORTGAGE.

(1) The Regist ra r , a fter product ion to h im of a discharge of mor tgage in the

prescr ibed form, sha ll make an en t ry in the Register tha t the mortgage has been

discharged.

(2) On an ent ry being made under Subsect ion (1) the esta te (if any) which

passed to the mortgagee vest s in the person in whom, having regard to in tervening

act s and circumstances (if any), it would have vested if the mortgage had not been

made.

41. P RIORITY OF MORTGAGES.

(1) Where there a re more mortgages than one registered in respect of the same

sh ip registered under th is Act , the mortgagees a re, notwithstanding any express,

implied, or const ruct ive not ice, en t it led in pr ior ity one over the other , according to

the da te and t ime a t which each mortgage is produced to the Regist ra r and not

according to the da te of each mortgage it self.

(2) A registered mortgage–

(a) sha ll not be a ffect ed by any act of insolvency commit ted by the

mortgagor a fter the da te of regist ra t ion of the mortgage,

notwithstanding tha t the mortgagor where he is adjudica ted to be

insolvent , a t the commencement of h is in solvency had the sh ip in h is

possession , order or disposit ion , or was the reputed owner of the sh ip;

and

(b) sha ll be prefer red to any r ight , cla im or interest in the sh ip of t he other

creditors of the insolvent or any t rustee or assignee on their beha lf.


– 28 –

42. P OWERS OF MORTGAGEE.

(1) Except as may be necessa ry for making a mortgaged sh ip available as a

secur ity for the mortgage debt , a mor tgagee sha ll not by reason of the mortgage, be

deemed to be the owner of the sh ip nor sha ll a mor tgagor be deemed to have ceased

to be the owner of the sh ip.

(2) Subject to Subsect ion (3) and to Sect ion 38, a registered mortgagee sha ll

have power absolu tely to dispose of the sh ip in respect of which he is registered and

to give effectua l receipts for the pu rchase money.

(3) Where there a re more persons than one registered as mortgagees of the

same sh ip, a subsequent mor tgagee shall not , except under an order of the Na t ional

Cour t , sell the sh ip without the concurrence of every pr ior mor tgagee.

43. TRANSFER OF MORTGAGE.

(1) A registered mor tgage of a sh ip may be t ransfer red to any person by

regist ra t ion of the inst rument of t ransfer in the prescr ibed form.

(2) On the product ion to the Regist ra r of an inst rument of t ransfer of a

registered mortgage and of the mortgage to which the inst rumen t of t ransfer rela tes,

the Regist ra r sha ll–

(a) register the t ransfer by making an en t ry of the t ransfer in the Register ;

and

(b) endorse and sign on the mortgage and on the inst rument of t ransfer a

memoria l sta t ing the da te and t ime of the product ion to h im of the

inst rument of t ra nsfer and mortgage.

44. TRANSMISSION OF INTEREST IN MORTGAGE BY DEATH,

INSOLVENCY, ETC.

(1) Where the in terest of a mor tgagee in a sh ip is t ransmit ted to any person on

the dea th or insolvency of the mortgagee, or by any lawful means, other than by a

t ransfer under th is Act , the t ransmission sha ll be au thent ica ted by a decla ra t ion of

the person to whom the in terest is t ransmit ted.

(2) A decla ra t ion refer red to in Subsect ion (1) sha ll be in the prescr ibed form

and sha ll conta in a sta tement of the manner in wh ich , and the person to whom, the

in terest has been t ransmit ted, and sha ll be accompanied by such evidence as is

prescr ibed.

(3) The Regist ra r a ft er receipt of the decla ra t ion refer red to in Subsect ion (1)

and accompanying evidence, sha ll en ter the name of the person ent it led under the

t ransmission in the Register a s the mortgagee of the sh ip.


– 29 –

Div ision 5.

Gen era l .

45. REGISTRAR MAY REQUIRE INFORMATION.

(1) The Regist ra r may, where he has reason to believe tha t the Register does

not conta in accura te pa r t icu la rs in respect of a sh ip registered under th is Act , direct

the owner of the sh ip, or any other person in possession of informat ion rela t ing to the

sh ip, to furn ish h im with informat ion in respect of the sh ip.

(2) A person who, a fter having been given a direct ion under Subsect ion (1),

fa ils to comply with tha t direct ion is guilty of an offence.

Pena lty: 54


46. NOTICE OF TRUSTS NOT RECEIVED.

(1) No not ice of any t rust , express, implied or const ruct ive, sha ll be en tered in

the Register or sha ll be received by the Regist ra r .

(2) Subject to th is Act , and to any r ights and powers appear ing on the face of

the Register to be vested in any other person , the registered owner of a sh ip has

absolu te power to dispose of the sh ip and to give effectua l receipts for any money

pa id or advanced by way of considera t ion .

47. EQUITIES NOT EXCLUDED BY ACT.

The expression “ben e fic ia l in tere st” where used in th is Act includes

in terest s a r ising under cont ract and other equitable in terest s and the in ten t ion of

th is Act is tha t , without prejudice to–

(a) the provisions of th is Act for prevent ing not ice of t rust s from being

entered in the Register or received by the Regist ra r ; and

(b) the powers of disposit ion and of giving receipts conferred by th is Act on

registered owners and mortgagees; and

(c) the provisions of th is Act rela t ing to the exclusion of unqualified persons

from the ownership of sh ips registered under th is Act ,

in terest s a r ising under cont ract and other equitable in terest s may be enfor ced by or

against the owner or mor tgagee of any sh ip in respect of h is in terest in the sh ip in

the same manner as in respect of any other persona l proper ty.

48. LIABILITY OF OWNERS.

(1) Subject to Subsect ion (2), where a person has a beneficia l in terest in a sh ip

registered under th is Act and tha t sh ip is registered in the name of some other

person as owner , the person having the in terest sha ll, a s well a s the registered

owner , be subject to a ll pecunia ry pena lt ies imposed by th is Act on the owners of

54



– 30 –

sh ips, and proceedings may be taken for the enforcement of any such pena lt ies

against both or either of those persons, with or without join ing the other of them.

(2) Subsect ion (1) does not apply to a per son having a beneficia l in terest by

way of mor tgage, except in the case of a mor tgagee in possession of a sh ip.

49. NAMES OF REGISTERED SHIP S.

An owner or master of a sh ip registered under th is Act who permits the sh ip to

be descr ibed by a name other than tha t by which the sh ip is for t he t ime being

registered is guilty of an offence.

Pena lty: 55


50. P ROP ORTION OF CREW TO BE CITIZENS.

The master or owner of a sh ip registered under th is Act who permits the sh ip

to go to sea knowing the sh ip to have a crew consist ing of less cit izens t han the

prescr ibed propor t ion of the crew, is guilty of an offence.

Pena lty: 56


51. REDUCTION OF FEES WHERE MAJ ORITY OF CREW ARE CITIZENS.

(1) In th is sect ion a reference to a sh ip sha ll be read as a reference to a sh ip

registered under th is Act , being a sh ip of more than 500 tons gross.

(2) Where in respect of a sh ip, a person has pa id an annua l regist ra t ion fee

under Sect ion 52 and, dur ing the whole of the per iod to which the fee rela tes, a

prescr ibed propor t ion of the crew of the sh ip consist s of cit izens, the person who has

pa id the fee sha ll be en t it led to a refund of such par t of the fee as is prescr ibed.

52. ANNUAL REGISTRATION FEES.

(1) The owner of a sh ip registered under th is Act is liable, on the expira t ion of

a per iod of 12 months a fter the da te of regist ra t ion of the sh ip and on the expira t ion

of simila r per iods a fterwards to pay the prescr ibed annua l regist ra t ion fee.

(2) Where an annua l regist ra t ion fee is not pa id within 30 days of the da te on

which the fee becomes due and payable, a Cour t may, on applica t ion by the

Regist ra r , direct the amount remaining unpa id to be levied by dist ress or by the sa le

of the sh ip or the equipment of the sh ip.

55

Section 49 Amended by No. 70 of 2006, s. 18. 56

Section 50 Amended by No. 70 of 2006, s. 19.


– 31 –

P ART IV. – SAFETY.

Div ision 1.

P r el im in a r y.

53. AP P LICATION OF P ART IV.

(1) This Par t , un less the cont ra ry in ten t ion appears, applies to, and in rela t ion

to, a sh ip tha t–

(a) is registered under th is Act ; or

(b) is not registered under th is Act , being a sh ip tha t is a t a por t or place in

the count ry; or

(c) is an offshore sh ip.

(2) This Par t does not apply to, or in rela t ion to–

(a) a sh ip tha t–

(i) in the ordinary course of her voyage would not have been

required to comply with th is Par t ; and

(ii) is compelled by st ress of wea ther , or by force m ajeure, to take

refuge in a por t or place in Papua New Guinea ; or

(b) a t roopship; or

(c) a sh ip tha t , in the opin ion of the Regist ra r , is of t radit ional build; or

(d ) a pleasure cra ft ; or

(e) a sh ip tha t is less than 10m in length ; or

(f) an a ir cushioned vehicle.

54. EXEMP TION OF P ARTICULAR SHIP S.

57The Author ity may, by not ice in the Na t iona l Gazet te, subject to such

condit ions (if any) as it th inks fit , exempt a pa r t icu la r sh ip or a pa r t icu la r class of

sh ip tha t is–

(a) employed in naviga t ion solely on in terna l wa ters; or

(b) 10m or more and less than 15m in length ,

from any requirement of th is Par t .

57


55 - 56 Merchant S hipping 9999

– 32 –

55 - 5658

. [R EP EALED .]

57. SURVEYORS OF SHIP S.

(1)59

60

The Author ity may, by not ice in the Na t ional Gazet te, appoin t a s many

persons, including corpora t ions and unincorpora ted bodies of persons, to be su rveyors

of sh ips as, in it s opinion , a re necessa ry for the purposes of th is Act .

(2)61

62

Where a corpora t ion or an unincorpora ted body of persons is appoin ted

under Subsect ion (1), it sha ll, if the Author ity so direct s, nomina te persons to–

(a) ca r ry out surveys; or

(b) issue cer t ifica tes; or

(c) do a ll other things necessa ry on it s beha lf.

(3) A nomina t ion under Subsect ion (2) sha ll be not ified to the Regist ra r and on

receiving such not ifica t ion , the Regist ra r sha ll cause to be published in the Na t iona l

Gazet te not ice of tha t nomina t ion .

Div ision 2.

In t er n a t ion a l Ma r i t im e Con ven t ion s.

58. CONVENTIONS TO HAVE EFFECT.

(1) Subject to th is Act and to any other law, the Collisions Convent ion , the

Load Line Convent ion and the Safety Convent ion sha ll have the force of law.

(2) Where, in respect of a sh ip tha t is–

(a) registered under th is Act ; and

(b) a Load Line Convent ion sh ip or a Safety Convent ion sh ip,

there is a fa ilure to comply with a requirement of the Load Line Convent ion or the

Safety Convent ion , the master or owner of the sh ip is guilty of an offence.

(3) Where, in respect of–

(a) a sh ip tha t is registered under th is Act ; and

(b) any sh ip tha t is with in the ter r itor ia l wa ters of Papua New Guinea ,

the master or the owner or any other person fa ils to comply with a requirement of the

Collisions Convent ion , the master or the owner of the sh ip or tha t other person is


Pena lty: 63




58








– 33 –

59. IMP LEMENTATION OF CONVENTIONS.

(1) The regula t ions may make provision for , or in rela t ion to, the

implementa t ion of, or giving effect to, the Collisions Convent ion , the Load Line

Convent ion and the Safety Convent ion .

(2)65

66

Where, under the Load Line Convent ion or under the Safety Convent ion ,

the severa l count r ies tha t a re pa r t ies to the Load Line Convent ion or to the Safety

Convent ion , a s the ca se may be, have a discret ion as to whether any, and if so wha t ,

act ion should be taken under them, tha t discret ion may be exe rcised by the Minister ,

on the advice of the Author ity.

(3) Notwithstanding any requirement under th is Act , for the pu rpose of giving

effect to, or implement ing any provision of the Load Line Convent ion or of the Safety

Convent ion which requires a pa r t icu la r fit t ing, mater ia l, appliance or appara tus or

type of fit t ing, mater ia l, appliance or appara tus to be fit t ed or ca r r ied in a sh ip, or

any par t icu la r provision to be made in a sh ip, the Minister may a llow any other

fit t ing, mater ia l, appliance or appara tus or type of fit t ing, mater ia l, appliance or

appara tus to be fit t ed or ca r r ied, or any other provision to be made, if he is sa t isfied

tha t tha t other fit t ing, mater ia l, appliance or appara tus, or type of fit t ing, mater ia l,

appliance or appara tus or provision , is a t least a s effect ive as tha t required by the

Load Line Convent ion or by the Safety Convent ion , a s the case may be.

(4) Where, under the Load Line Convent ion or under the Safety Convent ion,

the severa l count r ies tha t a re pa r t ies to the Load Line Convent ion or the Safety

Convent ion , a s the case may be, a re under a duty to do any act or th ing, tha t act or

th ing sha ll be done by the Minister .

60. AP P LICATION OF THIS P ART TO CERTAIN CONVENTION SHIP S.

Where a sh ip is a Load Line Convent ion sh ip or a Safety Convent ion sh ip, the

provisions of th is Par t apply only in so fa r a s they a re applicable to and relevant to

such a sh ip.

Div ision 3.

R eq u ir em en t for S a fet y Cer t i fica t es.

61. SHIP NOT TO GO TO SEA WITHOUT SAFETY CERTIFICATE.

(1) Subject to Sect ion 62, a sh ip must not go to sea unless there a re in force in

respect of the sh ip such cer t ifica tes as a re required under th is Par t .

(2) Where a sh ip goes to sea in cont ravent ion of Subsect ion (1), the owner or

master is guilty of an offence.

Pena lty: 67


64






– 34 –

62. SHIP MAY GO TO SEA WITHOUT SAFETY CERTIF ICATE IN

CERTAIN CIRCUMSTANCES.

(1) This sect ion applies where–

(a) a sh ip is not –

(i) registered under th is Act ; or

(ii) a Load Line Convent ion sh ip; or

(iii) a Safety Convent ion sh ip; and

(b)68

the Author ity is sa t isfied tha t the sh ip may proceed to sea without

danger to–

(i) the sh ip; or

(ii) the passengers or crew of the sh ip; or

(iii) the crew of the sh ip.

(2)69

70

Where th is sect ion applies, the Author ity may–

(a) notwithstanding any other requirement of th is Par t ; and

(b)71

subject to such condit ions as it thinks fit ,

a llow a sh ip to go to sea without a sa fety cer t ifica te.

(3)72

73

Where, under Subsect ion (2), the Author ity a llows a sh ip to go to sea

without a sa fety cer t ifica te, it shall give to the master of the sh ip a wr it ten sta tement

set t ing out–

(a) the circumstances of t he case; and

(b) the condit ions (if any) under which the sh ip is a llowed to go to sea .

63. CERTIFICATES TO BE P RODUCED BEFORE SHIP GOES TO SEA.

(1)74

75

The Author ity may, before a sh ip goes to sea , direct the master of the

sh ip to produce to it –

(a) such cer t ifica tes as a re required under th is Par t to be in force in respect

of the sh ip; or

(b) a wr it ten sta tement refer red to in Sect ion 62(3).

(2) A master of a sh ip who refuses, or fa ils without reasonable cause, to comply

with a direct ion given under Subsect ion (1) is guilty of an offence.

68








Section 63 Subsection (1) amended by No. 70 of 2006, s. 27; Subsection (1) amended by No. 70 of 2006, s. 27.


– 35 –

Pena lty: 76


Div ision 4.

S u r veys a n d In sp ect ion s.

64. SHIP S SUBJ ECT TO SURVEY.

Subject to th is Act , a sh ip is subject to such su rveys and inspect ions as a re

prescr ibed.

65. P OWERS OF SURVEYOR.

(1) A surveyor , may a t any reasonable t ime–

(a) go on board a sh ip and survey or inspect the sh ip; and

(b) require any cer t ifica te, or other document rela t ing to the sh ip, to be

produced to h im.

(2) A surveyor sha ll not , in exercising h is powers under th is sect ion ,

unnecessa r ily–

(a) deta in a sh ip; or

(b) delay a sh ip from going to sea .

(3) A person who–

(a) obst ructs or h inders a surveyor in th e exercise of h is powers under th is

sect ion; or

(b) refuses, or fa ils without reasonable cause, to comply with any

requirement made by a surveyor under th is sect ion ,


Pena lty: 77


66. SP ECIAL EXAMINATION OF SHIP S.

(1)78

79

For the purposes of a survey or of an inspect ion of a sh ip, the Author ity

may, if it thinks fit , direct an owner or the master of the sh ip to have the sh ip –

(a) slipped; or

(b) t aken in to dock; or

(c) otherwise dea lt with .

(2) A person who refuses, or fa ils without reasonable cause, to comply with a

direct ion under Subsect ion (1) is guilty of an offence.

Pena lty: 80


76






– 36 –

67. REQUIREMENT TO NOTIF Y AUTHORITY OF CHANGE IN

CONDITION OF SHIP .

(1) In th is sect ion “sh ip” means a sh ip tha t is–

(a) registered under th is Act being a sh ip tha t is not a sh ip refer red to in

Sect ion 53(2); or

(b) not registered under th is Act being a sh ip in respect of which a sa fety

cer t ifica te has been issued under th is Act .

(2)81

82

Where the efficiency or sa fety of a sh ip is impa ired because of–

(a) replacement of, or damage or a ltera t ion to, a pa r t of the sh ip; or

(b) any other circumstances,

an owner or the mast er of the sh ip who fa ils, without reasonable cause, with in seven

days to not ify the Author ity of tha t fact or those circumstances is guilty of an offence.

Pena lty: 83


68. REGULATIONS FOR SURVEYS AND INSP ECTIONS.

84The regula t ions may make provision , not inconsisten t with th is Division , for

and in rela t ion to–

(a) the manner of survey or inspect ion of sh ips; and

(b) the per iods with in which sh ips sha ll be inspected; and

(c) the circumstances in which , a t the request of the owner of a sh ip, a

survey or inspect ion may be ca rr ied out ; and

(d )85

the manner in which a surveyor sha ll repor t to the Author ity on

complet ion of a survey or of an inspect ion; and

(e)86

the exempt ions from survey which may be granted by the Author ity in

respect of a pa r t icu la r sh ip or a pa r t icu la r class of sh ip; and

(f) the manner in which a Survey Master Sheet of a sh ip sha ll be

main ta ined and ca rr ied in the sh ip and made available for inspect ion;

and

(g) the persons or class of persons who may require a Survey Master Sheet

to be made available for inspect ion; and

(h )87

the determina t ion by the Author ity of the per iods with in which par t s of

sh ips sha ll be inspected and the fees payable in respect of –.

80









– 37 –

(i) annua l inspect ions or surveys; or

(ii) specia l inspect ions or surveys; and

(i)88

the determina t ion by the Author ity of the charges payable in respect of

addit iona l work (if any) ca r r ied out on –

(i) an inspect ion or survey; or

(ii) a proposed inspect ion or survey; and

(j)89

the pa r t icu la rs of the fines to be pa id under Sect ion 65, 66 and 67.

Div ision 5.

Issu e of S a fet y Cer t i fica t es.

69. AP P LICATION FOR SURVEY.

(1)90

91

Where an owner or the master of a sh ip other than –

(a) a Load Line Convent ion sh ip; or

(b) a Safety Convent ion sh ip,

seeks the issue of a sa fety cer t ifica te he may apply in the prescr ibed manner to the

Author ity for the sh ip to be surveyed.

(2) Where an owner or the master of a Load Line Convent ion sh ip or a Safety

Convent ion sh ip seeks the issue of a sa fety cer t ifica te, he may apply to a prescr ibed

surveyor for the sh ip to be surveyed.

(3)92

93

On receipt of an applica t ion ma de under Subsect ion (1) the Author ity

sha ll nomina te a surveyor who may cause the sh ip to be surveyed or inspected.

70. ISSUE OF SAFETY CERTIFICATE.

(1)94

95

A surveyor nomina ted under Sect ion 69(3) sha ll, on complet ion of a

survey or inspect ion under tha t su bsect ion , deliver to the Author ity a wr it ten repor t

of the inspect ion or su rvey.

(2) Where the surveyor nomina ted under Sect ion 69(3) is sa t isfied tha t the

sh ip complies with the requirements of th is Act he sha ll–

(a) complete a decla ra t ion to tha t effect in the prescr ibed form; and

(b)96

deliver the decla ra t ion to the Author ity.

87












– 38 –

(3)97

98

Where the Author ity–

(a) has received–

(i) the repor t refer red to in Subsect ion (1); and

(ii) the decla ra t ion refer red to in Subsect ion (2); and

(iii) the Survey Master Sheet ; and

(b) is sa t isfied tha t the sh ip complies with the requirements of th is Act ,

it sha ll, subject to such condit ions (if any) as he th inks fit , grant a sa fety cer t ifica te in

respect of the sh ip.

(4) Where the prescr ibed surveyor refer red to in Sect ion 69(2) is sa t isfied that

he may do so, he shall grant a sa fety cer t ifica te in respect of a sh ip.

71. CANCELLATION OR SUSP ENSION OF SAFETY CERTIFICATE.

(1)99

100

Where, in the opinion of the Author ity–

(a) a repor t or decla ra t ion refer red to in Sect ion 70 has been in any

par t icu la r made fraudulent ly or er roneously; or

(b) a sa fety cer t ifica te has been issued on fa lse or er roneous informat ion; or

(c) since the making of the la st decla ra t ion in respect of a survey, a sh ip

has been a ltered, replaced or damaged to su ch an extent or in such a

manner as to a ffect adversely the efficiency or seaworth iness of the sh ip,

the Author ity sha ll cancel or suspend the sa fety cer t ifica te of the sh ip.

(2)101

102

Where a sa fety cer t ifica te is cancelled or suspended under Subsect ion

(1), the Author ity may require the owner of the sh ip to which the cer t ifica te rela tes to

have the sh ip re-surveyed before the issue of a new cer t ifica te or the remova l of the

suspension .

72. DELIVERY UP OF SAFETY CERTIFICATE.

(1)103

104

Where a sa fety cer t ifica te ha s–

(a) expired; or

(b) been cancelled; or

(c) been suspended,

97










– 39 –

the Author ity may direct a person having the cer t ifica te in h is custody or possession

to deliver up the cer t ifica te.

(2)105

106

A person who refuses, or fa ils without reasonable cause, to obey a

direct ion given by the Author ity under th is sect ion is guilty of an offence.

Pena lty: 107


(3)108

109

Where a per son cont ravenes Subsect ion (1), the sh ip to which the

cer t ifica te rela tes may be deta ined unt il the cer t ifica te has been delivered up to the

Author ity.

73. P ERIODICAL OR CONTIN UOUS SURVEYS.

110Where an owner or the master has fa iled to comply with a provision of this

Act rela t ing to per iodica l or cont inuous inspect ions or surveys, the sh ip in respect of

which he has so fa iled to comply may be deta ined unt il the Author ity is sa t isfied tha t

she may go to sea .

74. ALTERATION OF SHIP S.

An owner or the master of a sh ip in respect of which a sa fety cer t ifica te has

been issued who knowingly or negligent ly a lters the sh ip or permits t he sh ip to be

a ltered so tha t the cer t ifica te becomes, or may become, inapplicable to the a ltered

sta te of the sh ip, is guilty of an offence.

Pena lty: 111


75. SAFETY CERTIFICATE TO BE DISP LAYED.

A master of a sh ip in respect of which a sa fety cer t ifica te has been issued who

fa ils to cause the cert ifica te or a cer t ified copy of the cer t ifica te to be cont inuously

displayed in some prominent and accessible place on the sh ip is guilty of an offence.

Pena lty: 112


76. REGULATIONS FOR SAFETY CERTIFICATES.



(a) the type and form of sa fety cer t ifica tes; and

(b) the dura t ion of, or extensions to the dura t ion of, t he va lidity of sa fety

cer t ifica tes; and

105











– 40 –

(c) the circumstances in which sa fety cer t ifica tes may be cancelled or

suspended; and

(d ) the manner in which sa fety cer t ifica tes may be endorsed; and

(e)114

the determina t ion by the Author ity of–

(i) the plans and documents which sha ll be required to accompany

an applica t ion for the survey of a sh ip; and

(ii) the per iod by which the dura t ion of a sa fety cer t ifica te may be

extended.

(f)115

the pa r t icu la rs of the fines to be pa id under Sect ions 72, 74 and 75.

Div ision 6.

S a fet y.

77. SHIP S REQUIRED TO CARRY CERTAIN EQUIP MEN T.

(1) Where a sh ip goes to sea without ca r rying the equipment which is required

by–

(a) th is Act ; or

(b) the Collisions Convent ion; or

(c) the Load Line Convent ion; or

(d ) the Safety Convent ion ,

to be ca rr ied on or fit t ed in the sh ip, the owner and master of the sh ip a re each guilty

of an offence.

(2) Where any equipment or fit t ing–

(a) is required by–

(i) th is Act ; or

(ii) the Collisions Convent ion; or

(iii) the Load Line Convent ion; or

(iv) the Safety Convent ion ,

to be ca rr ied on or fit ted in a sh ip; and

(b) is–

(i) absent from the sh ip; or

(ii) not in good order and ready for use,

the owner and master of the sh ip a re each guilty of an offence.

Pena lty: 116


114




– 41 –

78. SHIP TO CARRY QUALIF IED RADIO OP ERATORS.

(1) In th is sect ion “sh ip” means a sh ip tha t is required by th is Act to ca r ry a

radio insta lla t ion .

(2) Where a sh ip goes to sea without ca r rying, a s pa r t of her crew, such person

or persons qua lified to opera te the radio insta lla t ion of the sh ip as is prescr ibed, the

owner or master of the sh ip is guilty of an offence.

Pena lty: 117


79. REP ORTS BY RADIO.

(1) In th is sect ion “sh ip” means–

(a) a sh ip–

(i) tha t is registered under th is Act ; or

(ii) in respect of which an applica t ion is required to be made under

Sect ion 16; and

(b) a sh ip tha t is–

(i) licensed under th is, or under any other Act , to engage in the

coast ing t rade; and

(ii)118

in the opin ion of the Author ity–engaged in the coast ing t rade.

(2) The master of a sh ip who refuses, or fa ils without reasonable cause, to

make by radio a repor t in the prescr ibed manner of any ser ious danger to navigat ion

tha t comes to h is not ice while the sh ip is a t sea is guilty of an offence.

(3) The master of a sh ip who refuses, or fa ils without reasonable cause, when

the sh ip is a t sea within the prescr ibed a rea , to make by radio–

(a) in the prescr ibed manner ; and

(b) to the prescr ibed officer ; and

(c) with in the prescr ibed per iods,

repor t s of the posit ion of the sh ip and of the movements of the sh ip is guilty of an

offence.

Pena lty: 119


80. COLLISION OFFENCES.

(1) In th is sect ion “sh ip” means any ship.

(2)120

121

For the pu rposes of the Collisions Convent ion , “appropriate

au th ority” means the Author ity.

116






– 42 –

(3) Except in the case of a sh ip tha t is–

(a) in dist ress; and

(b) requires assistance,

a person who exhibits a signa l tha t is prescr ibed in the Collisions Convent ion as

being a signal used to designa te a vessel tha t is in dist ress and tha t requires

assistance is guilty of an offence.

Pena lty: 122


81. DUTY OF VESSEL TO AS SIST IN CASE OF COLLISION.

(1) In every case of collision between two vessels it is the duty of the person in

charge of each vessel, if and so fa r a s he can do so without danger to h is own vessel,

crew and passengers (if any)–

(a) to render to the other vessel, her master , crew and passengers (if any)

such assistance as is pract icable and necessa ry in order to save them

from danger caused by the collision; and

(b) to stay by the other vessel unt il he has ascer ta ined tha t she has no need

of fur ther assistance; and

(c) to give to the person in charge of the other vessel–

(i) the name of h is own vessel and of the por t to which she belongs;

and

(ii) the names of the por t s from which she comes and to which she is

bound.

(2) Where a person in charge of any vessel fa ils without reasonable cause to

comply with this sect ion , he is guilty of an offence.

Pena lty: 123


exceeding six months.

82. HAZARDOUS GOODS.

(1)124

125

This sect ion applies to ca rgo or goods other than dangerous goods where

the ca rgo or goods, if ca r r ied in a pa r t icu la r sh ip, would in the opin ion of the

Author ity–

(a) endanger tha t sh ip; or

(b) const itu te a danger to life.

(2)126

127

The Author ity may, by direct ion to the master of a sh ip–

120








– 43 –

(a) prohibit the loading in to the sh ip; or

(b) prohibit the ca rr iage in the sh ip; or

(c) order the remova l from the sh ip; or

(d ) direct the manner of the stowage or ca r r iage in the sh ip,

of ca rgo or goods to which th is sect ion applies.

(3)128

129

Where a master of a sh ip refuses or fa ils to comply with a direct ion

given by the Author ity under Subsect ion (2), he is guilty of an offence.

Pena lty: 130


(4)131

132

Where the master of a sh ip is convicted of an offence under Subsect ion

(3), the sh ip sha ll be deta ined unt il such t ime as the master has complied with the

direct ion given by the Author ity under Subsect ion (2).

83. P OWERS OF MASTER IN RELATION TO DANGEROUS GOODS.

The master or owner of a sh ip may–

(a) refuse to take on board any package tha t he suspects may conta in

dangerous goods; and

(b) open and inspect any package tha t he suspects may conta in dangerous

goods; and

(c) discharge, dest roy, render innocuous or otherwise dea l with any goods

tha t–

(i) in h is opin ion a re dangerous; and

(ii) have been sh ipped on board the sh ip without h is knowledge and

consent ,

and sha ll not be subject to any liability of any kind for doing so.

84. P OWERS OF AUTHORITY IN RELATION TO DANGEROUS GOODS.

(1)133

134

The Author ity may, where it is sa t isfied tha t dangerous goods a re being

loaded in to, un loaded from or stowed, ca r r ied or used in a sh ip otherwise than in

accordance with th is Act or with the Safety Convent ion , direct the owner or master of

the sh ip to take such act ion in rela t ion to the sh ip or to the whole or to a pa r t of the

ca rgo of the sh ip as he th inks fit .

126











– 44 –

(2) A person who fa ils to comply with a direct ion given under Subsect ion (1) is


Pena lty: 135


85. P ROHIBITION OF DANGEROUS GOODS.

(1) A person who sends by or onto, br ings onto or ca r r ies or uses on a sh ip

dangerous goods otherwise than is required or permit ted by th is Act or by the Sa fety

Convent ion is guilty of an offence.

Pena lty: 136


(2) A person who, with in ten t to concea l the character of dangerous goods,

sends by or onto, br ings onto or ca r r ies or uses on a sh ip any dangerous goods under

a fa lse descr ipt ion is guilty of an offence.

Pena lty: 137


86. FORFEITURE OF DANGEROUS GOODS.

(1) Any dangerous goods ca r r ied or sh ipped or used in cont ravent ion of th is Act

may be ordered by the Na t iona l Cour t to be forfeited to the Sta te .

(2) Where any order is made under Subsect ion (1), the dangerous goods sha ll

be forfeited, notwithstanding tha t –

(a) no offence has been commit ted by the owner of the goods; or

(b) the owner of the goods has had no not ice of the proceedings; or

(c) there is no evidence as to the ownership of the goods.

87. ORAL COMMUNICATION.

(1)138

139

Where, in the opin ion of the Author ity, the crew of a sh ip includes a

person who, in the absence of adequa te a r rangements for t r ansmit t ing orders or

communica t ions to h im in a language of which he has sufficien t knowledge, may fa il

to understand those orders or communica t ions and for th is reason the sa fety of the

sh ip may be endangered, the Author ity sha ll direct the master of the sh ip tha t the

sh ip sha ll not go to sea .

(2) A master of a ship to whom a direct ion has been given under Subsect ion (1)

who refuses, or fa ils without reasonable cause, to comply with tha t direct ion is guilty

of an offence.

Pena lty: 140


135








– 45 –

88. NUMBER OF P ERSONS THAT MAY BE CARRIED IN A SHIP .

Where more persons a re ca rr ied in a sh ip than the number sta ted in the sa fety

cer t ifica te of the sh ip as being the maximum number of persons tha t may be ca rr ied

in the sh ip, the owner and master of the sh ip a re each guilty of an offence.

Pena lty: 141

A fine not exceeding K8,000.00 and in addit ion a fine not exceeding

K200.00 for each person ca rr ied on board the sh ip in excess of the

number sta ted in the sa fety cer t ifica te.

89. REGULATIONS FOR SAFETY.

142The regula t ions may prescr ibe, not incon sisten t with th is Division –

(a) the requirements with which the hull, machinery and equipment of

sh ips sha ll comply; and

(b) the appliances to be ca rr ied, and the measures to be observed, on sh ips

for–

(i) the saving of life a t sea ; and

(ii) the prevent ion , detect ion and ext inct ion of fires on sh ips; and

(c) the requirements for the holding and recording of musters and dr ills for

crew and passengers; and

(d ) the requirements with respect to–

(i) the equipping of sh ips with radio telephones and radio

naviga t iona l a ids; and

(ii) the opera t ion , main tenance and use of radio telephones and

radio-naviga t ional a ids in sh ips; and

(iii) the number and qua lifica t ion of the radio telephone opera tors t o

be ca rr ied on sh ips; and

(e) the measures and procedures to be followed and the equipment to be

ca rr ied on sh ips to ensure sa fety of navigat ion; and

(f) the requirements which must be complied with in respect of the stowage

and ca rr iage of livestock, deck ca rgo, gra in , dangerous goods and

hazardous ca rgoes in sh ips; a nd

(g) the observance of sa fety standards and procedures on board sh ips; and

(h ) sa fety and sa fe working pract ices on board sh ips; and

(i) the measures to be observed for the prevent ion of collisions; and

(j) the requirements rela ted to the provision and u se on sh ips of ligh ts and

signa ls; and

141




– 46 –

(k ) the requirements which must be complied with in respect of ligh ts and

signa ls from the shore to sh ips; and

(l)143

for the determina t ion by the Author ity of the requirements for the

ca rr iage of dangerous goods on Safety Convent ion sh ips; and

(m )144

for the approva l by the Author ity of the sa fety standards required in

respect of pa r t s of sh ips; and

(n )145

for the approva l by the Author ity, on the advice of the officer for the

t ime being in charge of telecommunica t ions in Papua New Guinea , of

the radiotelegraphy and radiotelephony equipment required to be

ca rr ied in sh ips other than sh ips to which Chapter IV. of the Safety

Convent ion applies; and

(o)146

for the determina t ion by the Author ity, on the advice of the officer for

the t ime being in charge of telecommunica t ions in Papua New Guinea ,

of the radio frequencies to be used in sh ips other than sh ips t o which

Chapter IV. of the Safety Convent ion applies; and

(p)147

for the determina t ion by the Author ity of–

(i) the requirement s for the packing, stowage, marking and ca rr iage

of dangerous goods in sh ips other than Safety Convent ion sh ips;

and

(ii) the requirements for the ca rr iage of hazardous ca rgoes in sh ips

other than Safety Convent ion sh ips; and

(q)148

the exempt ions from any sa fety requirement which may be granted by

the Author ity in respect of a pa r t icu la r sh ip or a pa r t icu la r class of sh ip.

(r)149

the pa r t icu la rs of the fines to be pa id under Sect ion 77, 78, 79, 80, 81,

82, 84, 85(1), 85(2), 87 and 88.

Div ision 7.

Loa d Lin es.

90. LOAD LINE MARKS.

(1) Load lines must be marked on a sh ip in the prescr ibed manner .

(2) A person who wilfu lly concea ls, a lters or defaces the load line marks on a

sh ip is guilty of an offence.

Pena lty: 150


143









– 47 –

(3) The owner or master of a sh ip who permits the load line marks on the sh ip

to be concea led a ltered or defaced is guilty of an offence.

Pena lty: 151


91. LOADING OF SHIP S.

(1) A sh ip other than a passenger sh ip must not be loaded so that –

(a) if the sh ip is in st ill sa lt wa ter of specific gravity of 1.025 and has no

list–the appropr ia te load line on each side of the sh ip is submerged; or

(b) the appropr ia te load line on each side of the sh ip would be submerged if

the sh ip were in st ill sa lt wa ter of specific gravity of 1.025 and had no

list .

(2) A passenger sh ip must not be so loaded tha t –

(a) if the sh ip is in st ill sa lt wa ter of specific gravity of 1.025 and has no

list–the appropr ia te subdivision load line on each side of the sh ip is

submerged; or

(b) the appropr ia te subdivision load line on each side of the sh ip would be

submerged if the sh ip were in st ill sa lt wa ter of specific gravity of 1.025

and had no list .

(3) Where a sh ip is loaded in cont ravent ion of Subsect ion (1) or (2) an owner or

the master is, notwithstanding tha t an offence may a lso have been commit ted under

Sect ion 95, guilty of an offence.

Pena lty: 152

A fine not exceeding K40,000.00 and such addit iona l fine not

exceeding 20,000.00 for every complete cen t imet re and for every par t

of a cent imet re over one or more complete cent imet res by which the

appropr ia te load line or subdivision load line was, or would have

been , submerged, a s the Na t ional Cour t th inks fit to impose having

regard to the extent to which the ea rn ing capacity of t he sh ip was

increased by reason of the over loading.

(4) Where a sh ip is loaded in cont ravent ion of th is sect ion , the sh ip may be

deta ined unt il it ceases to be so loaded.

(5) Where a sh ip is not registered under th is Act , the master or owner sha ll not

be prosecuted under Subsect ion (3) and the sh ip sha ll not be deta ined under

Subsect ion (4) unless the sh ip has been inspected by a surveyor .

92. DEFENCE TO CHARGE OF OVERLOADING.

It is a defence to a prosecut ion for an offence under Sect ion 91 to prove tha t

the sh ip was over loaded as a resu lt of an a ltera t ion in the route of the sh ip, or of

150





– 48 –

delay to the sh ip caused by st ress of wea ther , force m ajeure or other circumstances

which the master or owner of the sh ip could not have prevented or foresta lled.

93. REGULATIONS FOR LOAD LINES.



(a) the manner of determining freeboards to be assigned to sh ips; and

(b) the manner of determining, in rela t ion to a sh ip the deck which is to be

the freeboard deck and for requir ing the posit ion of tha t deck to be

indica ted on each side of the sh ip by a mark; and

(c) the manner of determining, by reference to a mark, the freeboards

assigned to a sh ip and the posit ion in which each side of a sh ip is to be

marked with a line indica t ing the maximum depths to which the sh ip

may be loaded; and

(d ) the requirements in respect of hull, superst ructu re, fit t ings and

appliances which a re relevant to the assignment of freeboards t o sh ips;

and

(e) the manner of recording par t icu la rs of the requirements under

Paragraph (d) and the methods of determining the extent of compliance

with the condit ions of assignment ; and

(f)154

the informat ion rela t ing to the stability of a sh ip required to be provided

by the owner of the ship to the Author ity and to the master of the sh ip.

(g)155

the pa r t icu la rs of the fines to be pa id under Sect ion 90(2), 90(3) and 91.

Div ision 8.

Un sa fe Sh ip s.

94. SHIP S DEEMED TO BE U NSAFE.

(1)156

157

A ship sha ll be deemed to be unsafe where the Author ity is of the

opin ion tha t , by reason of–

(a) the defect ive condit ion of the hull, machinery or equipment ; or

(b) undermanning; or

(c) improper loading; or

(d ) any other mat ter ,

the sh ip is unfit to go to sea without danger to life having regard to the voyage which

is proposed.

153







– 49 –

(2)158

159

In deeming a sh ip to be unsafe under Subsect ion (1) the Author ity sha ll,

where the sh ip is a Load Line Convent ion sh ip or a Safety Convent ion sh ip, have

regard to the provisions of the Load Line Convent ion or of the Safety Convent ion , a s

the case may be.

95. OFFENCES RELATING TO UNSAFE SHIP S.

(1) Where an unsafe sh ip goes to sea –

(a) any person who has knowingly sent ; or

(b) the master who has knowingly taken ,

the unsafe sh ip to sea is guilty of an offence.

Pena lty: 160


(2) It is a defence to a prosecut ion for an offence under Subsect ion (1) if the

person charged with the offence proves tha t –

(a) he used a ll reasonable means to ensure tha t he sent or took the sh ip to

sea in a sa fe st a te; or

(b) having regard to the circumstances, the sending or taking of the sh ip to

sea was reasonable and just ifiable.

96. DETENTION OF UNSAFE SHIP S.

(1)161

162

An unsafe sh ip may be deta ined unt il, in the opinion of the Author ity,

she ceases to be an unsafe sh ip.

(2)163

164

Where an unsafe sh ip is deta ined, the Author ity sha ll give writ ten

not ice to the owner or to the master set t ing out the reasons for the detent ion .

(3)165

166

Where a sh ip that is registered in a count ry other than Papua New

Guinea is deta ined under Subsect ion (1), the Author ity sha ll, a s soon as pract icable,

cause the Consul or other diplomat ic representa t ive of the count ry in which the sh ip

is registered to be informed of the detent ion and of the reasons for the detent ion .

158











– 50 –

Div ision 9.

P a ssen ger s.

97. DETENTION.

(1)167

168

Where in the opin ion of the Author ity there would be a danger to the

sa fety, comfort , hea lth or well-being of any passenger on a sh ip by reason of the

manner in which the sh ip is–

(a) equipped; or

(b) manned; or

(c) ca r rying ca rgo, livestock or ba llast ; or

(d ) provided with–

(i) passenger or hospita l accommodat ion; or

(ii) san ita ry, hea lth or medica l services; or

(iii) provisions, wa ter or stores,

the Author ity may not ify the master of the sh ip.

(2)169

170

Where not ifica t ion is given under Subsect ion (1), the ca rr iage of

passengers in the sh ip in respect of which the not ifica t ion is given is prohibited unt il

such t ime as the Author ity is sa t isfied tha t passengers may be ca rr ied without

danger to their sa fety, comfort , hea lth or well-being.

(3) The master of a sh ip ca rrying passengers who takes the sh ip to sea while

the ca rr iage of passengers is prohibited under Subsect ion (2) is guilty of an offence.

Pena lty: 171

A fine not exceeding K4,000.00 and in addit ion a fine not exceeding

K400.00 for each passenger ca r r ied in the sh ip.

98. REGULATIONS FOR CARRIAGE OF P ASSENGERS IN SHIP S.

172The regula t ions may, make provision , not inconsisten t with th is Division , for


(a) the accommodat ion of passengers; and

(b)173

the manner of not ifica t ion to the Author ity of the ca rr iage of unber thed

passengers; and

(c) provisions, wa ter , medica l stores and medica l inspect ion; and

167








Merchant S hipping 9999 s . 99

– 51 –

(d ) the ca rr iage of medica l sta ff and the provision of hospita l

accommodat ion; and

(e) san ita ry facilit ies; and

(f) sa le of a lcohol; and

(g) passenger list s; and

(h ) the ca rgo tha t may be ca rr ied and the method of stowing ca rgo; and

(i) the main tenance of good order in respect of the passengers; and

(j) the prevent ion of wilfu l damage and in jury to the machinery or

equipment of a sh ip by a passenger ; and

(k ) the prevent ion of any obst ruct ion to any crewman in the execut ion of h is

duty; and

(l) the prevent ion of the molest ing of or in ter ference with any person on

board the sh ip; and

(m )174

the approva l by the Author ity of the number of passengers to be ca rr ied

on a pa r t icu la r sh ip; and

(n )175

the exempt ion by the Author ity of a pa r t icu la r sh ip or a pa r t icu la r class

of sh ip from any requirement rela t ing to passengers.

(o)176

the pa r t icu la rs of the fines to be pa id under Sect ion 97.

Div ision 10.177

. . . . . . . .

99178

. [R epealed .]

174




Division 10 of Part IV Repealed by No. 70 of 2006, s. 59. 178

Section 99 Repealed by No. 70 of 2006, s. 59.


– 52 –

P ART V. – CREWMEN

Div ision 1

P r el im in a r y

100. AP P LICATION OF P ART V.

(1) This Par t , un less the cont ra ry in ten t ion appears, applies to and in rela t ion

to a sh ip–

(a) tha t is 10m or more in length and is registered under th is Act or in

respect of which an applica t ion is required to be made under Sect ion 16;

and

(b) tha t is more than 10m in length and employed solely in naviga t ion on

in terna l wa ters; and

(c)179

in respect of which a person holds a coast ing t r ade licence and, in the

opin ion of the Author ity, is engaged in the coast ing t rade; and

(d ) tha t is a Government sh ip of more than 10m in length .

(2) This Par t does not apply to or in rela t ion to, a sh ip that is –

(a) an a ir cushioned vehicle; or

(b) a plea sure cra ft ; or

(c) in the opin ion of the Regist ra r –of t radit iona l build; or

(d ) a t roopship.

101. EXEMP TION OF P ARTICU LAR SHIP S.

(1)180

181

Subject to Sect ion 129, the Author ity, on the advice of the Minister

responsible for labour mat ters may, by not ice in the Na t iona l Gazet te, subject to such

condit ions (if any) as it th inks fit , exempt a pa r t icu la r sh ip or a pa r t icu la r class or

descr ipt ion of sh ip from any requirement of th is Par t .

(2) An exempt ion under Subsect ion (1) may be in respect of–

(a) a pa r t icu la r per iod; or

(b) one or more pa r t icu la r voyages.

102. AP P OINTMENT OF LABOU R SHIP P ING OFFICERS.

182The Minister responsible for labour mat ters may, by not ice in t he Na t ional

Gazet te, appoin t a person to be labour Shipping Officer .

179




Section 102 Substituted by No. 70 of 2006, s. 62.


– 53 –

Div ision 2.

Ma n n in g a nd Cer t i fica t es of Com p et ency.

103. GOING TO SEA UNDERMANNED.

(1) Subject to Subsect ion (3), a sh ip must ca r ry such number and grades of

qua lified crewmen as a re prescr ibed.

(2) An owner or master of a sh ip tha t goes to sea without ca r rying the

prescr ibed number of qua lified crewmen is guilty of an offence.

Pena lty: 183


(3)184

185

Where a sh ip is a t a por t and does not have the prescr ibed number of

crewmen of a pa r t icu la r grade, the Author ity where it is sa t isfied tha t –

(a) a qualified crewm an of the prescr ibed grade is not available for

employment a t the por t ; and

(b) it would be unreasonable to require the employer to obta in a qua lified

crewman of the prescr ibed grade from another por t ; and

(c) the sa fety of the sh ip would not be endangered,

may a llow the sh ip, subject to such condit ions (if any) as it th inks fit , to go to sea

without ca r rying the prescr ibed number of qua lified crewmen.

104. CERTIFICATE OF COMP ETENCY.

(1)186

187

Subject to th is Act , the Author ity may issue a cer t ifica te of competency

in the prescr ibed manner to a person .

(2) A cer t ifica te of competency issued under th is sect ion is evidence tha t the

person to whom the cer t ifica te is issued is a qualified crewman of the grade sta ted in

the cer t ifica te.

105. INCAP ACITY OF QUALIFIED CREWMAN.

(1)188

189

Where a qua lified crewman appears to be medica lly unfit to perform the

dut ies required of h im, the Author ity may require h im to submit h imself for such

medica l examinat ion as the Author ity determines to be necessa ry.

(2) Where–

(a) a person who has conducted a medica l examina t ion refer red to in

Subsect ion (1) determines tha t a qualified crewman is medica lly unfit ;

and

183









– 54 –

(b)190

in the opin ion of the Author ity, the crewman should not , for the

dura t ion of the medica l unfitness, be a qua lified crewman of the grade

sta ted in h is cer t ifica te of competency,

the crewman is deemed not to be so qualified.

(3)191

192

Where a crewman is deemed under t h is sect ion not to be a qua lified

crewman of the grade sta ted in h is cer t ifica te of competency, the Author ity sha ll

endorse the cer t ifica te of competency of the crewman as prescr ibed.

(4)193

194

The Author ity may direct a crewman to make available to it a

cer t ifica te of competency for endorsement under Subsect ion (3).

(5) A crewman who refuses, or fa ils without rea sonable cause, to comply with a


Pena lty: 195


(6)196

197

Where a crewman who is deemed under th is sect ion not to be a

qua lified crewman of a pa r t icu la r grade proves to the sa t isfact ion of the Author ity

tha t he is medically fit to perform the dut ies required of h im –

(a) he ceases to be deemed not to be a qualified crewman of tha t grade; and

(b)198

the Author ity sha ll endorse h is cer t ifica te of competency as prescr ibed.

(7)199

200

A crewman who is deemed under Subsect ion (2) not to be a qua lified

crewman of a pa r t icu la r grade may with in 14 days of the da te of being so deemed

appea l to the Na t iona l Cour t aga inst the decision of the Author ity and the Na t ional

Cour t sha ll make such order as the just ice of the case requires.

106. UNQUALIFIED P ERSON GOING TO SEA AS QUALIFIED CREWMAN.

(1) A person who–

(a) goes to sea as a qualified crewman of a pa r t icu la r grade; and

(b) is not or is deemed not to be a qualified crewman of such a grade,


(2) A master of a sh ip who knowingly permits a person to go to sea as a

qua lified crewman of a pa r t icu la r grade when tha t person is a person refer red to in

Subsect ion (1)(b) is guilty of an offence.

190













– 55 –

Pena lty: 201


107. P RODUCTION OF CERTIF ICATE OF COMP ETENCY.

A crewman who–

(a) holds any cer t ifica te of competency or other document tha t is evidence

tha t he is a qualified crewman; and

(b) refuses, or fa ils without reasonable cause, on demand, to produce the

cer t ifica te or other document to–

(i) h is employer ; or

(ii) the master of the sh ip on which he is employed; or

(iii)202

a Labour Shipping Officer ,


Pena lty: 203


108. REGULATIONS FOR MANN ING AND CERTIFICATES OF

COMP ETENCY.



(a) the standards of competence to be a t ta ined by a crewman and other

condit ions to be sa t isfied in order for a crewman to be a qua lified

crewman of a pa r t icu la r grade;

(b) the manner in which the a t ta inment of any standard or the sa t isfact ion

of any other condit ion is to be evidenced; and

(c) the manner and conduct of any examinat ions and the condit ions for

admission to examinat ions; and

(d ) the appoin tment and remunera t ion of examiners; and

(e) the issue, form and recording of cer t ifica tes of competency and other

documents; and

(f) the endorsement of cer t ifica tes of competency and other documents; and

(g)205

a determina t ion by the Author ity in respect of any of the mat ters

refer red to in Paragraphs (a ), (b) and (c).

(h )206

the pa r t icu la rs of the fines to be pa id under Sect ions 103, 105, 106 and

107.

201








– 56 –

Div ision 3.

Agr eem en t s.

109. EMP LOYER TO COMP LY WITH AGREEMENTS.

An employer who fa ils, without reasonable cause, to comply with any provision

of th is Division is guilty of an offence.

Pena lty: 207


110. AGREEMENTS.

(1) Where a crewman is employed there sha ll be an agreement between –

(a) the employer , or a person on h is beha lf; and

(b) the crewman.

(2) An agreement sha ll be–

(a) in wr it ing; and

(b) executed by the pa r t ies to the agreement .

(3) An agreement may be with respect to employment in one or more sh ips and

may be for–

(a) a pa r t icu la r per iod, not exceeding two yea rs; or

(b) one or more pa r t icu la r voyages.

(4) In every agreement , notwithstanding any express provision in the

agreement to the cont ra ry, there is an implied term tha t the employer and the owner

of the sh ip sha ll use a ll reasonable means to ensure tha t th e sh ip in which the

crewman is, or is to be, employed is seaworthy for , and dur ing, any voyage which

may take place dur ing the cu rrency of the agreement and any consent , or purpor ted

consent , by the crewman to wa ive the benefit of tha t implied term is void and of no

effect .

111. AP P ROVAL OF AGREEMEN TS.

(1)208

209

An employer sha ll, before a sh ip in which crewmen a re, or a re to be,

employed, goes to sea , lodge a copy of the proposed agreement with a Labour

Shipping Officer .

(2)210

211

The Labour Shipping Officer sha ll, if sa t isfied tha t the agreement –

(a) adequa tely protect s the in terest s of the crewmen; and

(b) complies with the requirements of th is Par t ,

207







– 57 –

approve the proposed agreement .

(3) A master of a sh ip who takes the sh ip to sea without the approva l refer red

to in Subsect ion (2) is guilty of an offence.

Pena lty: 212


112. CREWMAN TO UNDERSTAN D CONTENTS OF AGREEMENT.

An employer sha ll, before a crewman signs an agreement , ensure tha t –

(a) the crewman reads the agreement ; or

(b) if the crewman is illit era te–the agreement is read to the crewman by

some person employed by the employer ,

and so fa r a s is pract icable, the crewman understands the na ture and content of the

agreement .

113. TERMINATION OF AGREEMENTS.

(1) Subject to Subsect ions (2) and (3), an agreement is t ermina ted–

(a) by the mutual consent of–

(i) the employer ; and

(ii) the crewman; or

(b) by the dea th of the crewman; or

(c) where the agreement rela tes to employment for a pa r t icu la r per iod, a t

the expiry of tha t per iod, and if t he per iod expires dur ing a voyage, on

the a r r iva l of the sh ip a t the next por t of ca ll a fter the expiry of the

per iod; or

(d ) where the agreement rela tes to employment in a pa r t icu la r sh ip –

(i) by the wreck, loss or tota l inability of the sh ip to go to sea or to

proceed on a voyage; or

(ii) where the sh ip is registered under th is Act –by the sh ip ceasing to

be registered under t h is Act ; or

(e) by the crewman becoming a suspended person; or

(f) by the dismissa l of the crewman.

(2)213

214

Where, but for th is subsect ion , an agreement would have been

termina ted under Subsect ion (1)(d)(ii) the crewman may, with the writ ten approva l

of a Labour Shipping Officer , consent to cont inue employment in the sh ip, and in

tha t case, the agreement is deemed not to have been termina ted.

212





– 58 –

(3)215

216

An agreement is not capable of being termina ted under Subsect ion

(1)(a ), (c) or (f) a t a place away from the proper retu rn por t of t he crewman without

the consent of a Labour Shipping Officer or of the proper officer a t tha t place.

114. UNLAWFUL AGREEMENTS.

(1) A person who knowingly employs in a sh ip or en ters in to an agreement for

employment as a crewman on the sh ip with –

(a) a person under the age of 15 years; or

(b) except as may be prescr ibed–a person under the age of 18 years; or

(c) a suspended person ,

is guilty of an offence.

Pena lty: 217


(2) An agreement en t ered in to in cont ravent ion of Subsect ion (1) is void and of

no effect .

(3) A suspended person who offers h imself for employment as a crewman in a

sh ip or en ter s in to an agreement for employment as a crewman on a sh ip is guilty of

an offence.

Pena lty: 218


115. LABOUR SHIP P ING OFFICER TO AP P ROVE EMP LOYMENT OF

CITIZENS.

(1)219

220

A person who, a t a place in the count ry without the writ ten approva l of

a Labour Shipping Officer , employs a cit izen as a crewman on a sh ip –

(a) to which th is Par t does not apply; and

(b) tha t is proceeding on a voyage to a place outside the count ry,


(2) Where–

(a) there is a cont ravent ion of Subsect ion (1); and

(b) a cit izen is ca r r ied to sea ,

an owner or the mast er of the sh ip in which the cit izen is ca r r ied to sea is guilty of an

offence.

Pena lty: 221


215









– 59 –

116. P ROHIBITION ON SEEKING REWARD FOR EMP LOYMENT.

A person who demands or receives, direct ly or indirect ly, from another person

seeking employment as a crewman any remunera t ion or reward, whether in cash or

otherwise, for providing employment to that other person is guilty of an offence.

Pena lty: 222


117. REGULATIONS FOR AGREEMENTS.



(a) the condit ions and par t icu la rs to be included in an agreement ; and

(b) the form of an agreement and the manner in which an agreement sha ll

be made; and

(c) the manner in which an agreement shall be–

(i) added to; or

(ii) amended; or

(iii)224

lodged with a Labour Shipping Officer ; and

(d ) the circumstances in which an agreement , or a copy of an agreement ,

sha ll be ca rr ied in a sh ip; and

(e)225

the requirements for an agreement , or a copy of an agreement to be

delivered to a Labour Shipping Officer ; and

(f)226

the requirement for an agreement or a copy of an agreement , to be made

available for perusa l by a Labour Shipping Officer ; and

(g) the condit ions under which a person not under 15 years of age but less

than 18 years of age may enter in to an agreement ; and

(h )227

the not ice required to be given to a Labour Shipping Officer before an

agreement is en t ered in to or t ermina ted; and

(i) the procedures and pract ices to be followed on the termina t ion of an

agreement ; and

(j) the circumstances under which , other than by reason of termina t ion of

an agreement , a crewman may be left behind from a sh ip outside th e

count ry.

(k )228

the pa r t icu la rs of the fines to be paid under Sect ion 109, 111, 114(1),

114(3), 115 and 116.

222








– 60 –

Div ision 4.

Wa ges.

118. AGREEMENT AS TO WAGES.

Subject to th is Act , a crewman sha ll be pa id wages in accordance with the

terms of an agreement .

119. ACCOUNT OF WAGES.

An employer who refuses, or fa ils without reasonable cause, to deliver to a

crewman an exact account of–

(a) the wages due to the crewman under an agreement ; and

(b) the deduct ions (if any) made from those wages,


Pena lty: 229


120. P AYMENT OF WAGES.

(1) Subject to th is Act , the wages due to a crewman under an agreement sha ll

be pa id in full on the termina t ion of the agreement .

(2) Where an employer fa ils, without reasonable cause, to make payment in

fu ll to a crewman as provided in Subsect ion (1) he sha ll, in respect of each day for

which payment is delayed, pay to the crewman a sum equa l to double the daily ra te

fixed under the agreement .

(3)230

231

Where the amount required to make paymen t in fu ll a s provided in

Subsect ion (1) is less than the amount fixed by the Minister responsible for labour

mat ters and published in the Na t ional Gazet te, the number of days in respect of

which payment is to be made under Subsect ion (2) sha ll not exceed s even .

(4) A sum payable under Subsect ions (2) and (3) is deemed to be wages due to

the crewman.

121. ALLOTMENTS.

(1) A crewman may a llot any par t of h is wages not exceeding 75% of the whole.

(2) Allotment sha ll be made by means of an a llotment note in the prescr ibed

form.

(3) A person to whom any par t of the wages of a crewman is a llot ted has the

r ight to recover such par t in his own name and, for tha t purpose, has the same

remedies as the crewman for recovery of wages.

228






– 61 –

122. DISP UTES.

(1)232

233

A dispute rela t ing to the amount of wages payable to a crewman may, if

the pa r t ies to the dispute so agree, be submit ted to a Labour Shipping Officer for h is

decision .

(2)234

235

A Labour Shipping Officer to whom a dispute has been submit ted under

Subsect ion (1) may accept the submission but is not bound to accept it if he is of the

opin ion tha t the dispute, whether by reason of the amount involved or for any other

reason , ought not to be decided by h im.

(3)236

237

The decision of a Labour Shipping Officer on a dispute accepted by h im

under Subsect ion (2) is fina l.

(4)238

239

Where the amount in dispute does not exceed the sum of the da ily ra te

payable under the agreement mult iplied by 14, a Labour Shipping Officer sha ll, on

the applica t ion of either of the pa r t ies to the dispute, adjudica te between the pa r t ies

and h is decision is fina l.

123. ENTITLEMENT TO WAGES AFTER WRECK OR LOSS OF SHIP .

(1) Where a sh ip is wrecked, lost or unable to proceed on a voyage, a crewman

whose employment in the sh ip is thereby termina ted before the da te conte mpla ted in

the agreement is, subject to Subsect ion (2), en t it led to wages a t the ra te payable

under the agreement a t the da te of the wreck, loss or inability to proceed for every

day on which he is unemployed in the two ca lendar months next a fter the da te of the

wreck, loss or inability to proceed.

(2) A crewman is not en t it led to wages under Subsect ion (1) for a day on which

he is unemployed, if it is proved tha t –

(a) he did not make reasonable effor t s to save the sh ip or persons or

proper ty ca rr ied in her ; or

(b) the unemployment was not due to the wreck, loss or inability of the sh ip

to proceed; or

(c) he was able to obta in su itable employment for tha t day but

unreasonably refused or fa iled to accept tha t employment .

124. ENTITLEMENT TO WAGES FOR SICK OR INJ URED CREWMAN

LEFT BEHIND.

(1) Where a crewman belonging to a sh ip is left behind a t a por t other than h is

proper return por t by reason of a circumstance refer red to in Subsect ion (2), he is

232










– 62 –

en t it led to wages, a t the da ily ra te fixed under the agreement , in respect of each day

dur ing the per iod–

(a) commencing on the da te on which he was so left behind; and

(b) ending on the–

(i) da te of h is return to h is proper retu rn por t ; or

(ii) expira t ion of a per iod of two ca lendar months a fter the da te

refer red to in Paragraph (a ); or

(iii) dea th of the crewman,

whichever first occurs.

(2) A circumstance refer red to in Subsect ion (1) is the illness, hur t or in jury of

a crewman where such illness, hur t or in jury is–

(a) not due to the–

(i) wilfu l act or default ; or

(ii) misbehaviour ,

of the crewman; and

(b) such as to incapacita te h im wholly from the performance of h is duty.

125. RIGHT OF CREWMAN TO WAGES.

(1) The lien of–

(a) a crewman for h is wages; and

(b) a master of a sh ip for h is wages and for re-imbursemen t of any

expenditure or disbursements proper ly incurred or made by h im on

beha lf of the sh ip,

have pr ior ity over a ll other liens ir respect ive of the da te of tha t lien or those other

liens.

(2) The r ight of a crewman to wages does not depend on the ea rn ing of freight .

126. CREWMAN CANNOT WAIVE P ROTECTION OF ACT.

A provision in an agreement , whether express or implied, which purpor t s to

modify, va ry or negat ive the r ights of a crewman under th is Division is void and of no

effect .

127. REGULATIONS FOR WAGES.



240



– 63 –

(a) the deduct ions which may be made from the wages due to a crewman;

and

(b) the manner in which deduct ions may be made; and

(c) the manner in which wages a re to be pa id; and

(d ) the manner in which wages a re to be accounted for where a crewman

leaves a sh ip otherwise than on termina t ion of an agreement ; and

(e) the form and manner in which accounts of wages a re to be prepared by

an employer and delivered to a crewman; and

(f) the form of a llotment notes; and

(g) the circumstances in which a llotments may be made.

(h )241


Div ision 5.

Cr ew Accom m od a t ion .

128. CREW ACCOMMODATION.

(1) A sh ip must have accommodat ion exclusively reserved for the use of the

crew.

(2) The accommodat ion refer red to in Subsect ion (1) sha ll be known as the

crew accommodat ion .

(3) The crew accommodat ion of a sh ip must be of the prescr ibed st andard.

(4) An owner or master of a sh ip who permits the sh ip to go to sea without

crew accommodat ion of the prescr ibed standard is guilty of an offence.

Pena lty: 242


129243

. [R EP EALED .]

130. REGULATIONS FOR CREW ACCOMMODATION.



(a) the crew accommodat ion requirements for new and exist ing sh ips; and

(b) the minimum space per man which must be provided by way of sleeping

accommodat ion for crewmen and the maximum number of persons by

whom a specified pa r t of such sleeping accommodat ion may be used; and

(c) the posit ion in a sh ip in which the crew accommodat ion or any par t of

the crew accommodat ion is to be loca ted; and

241



Section 129 Repealed by No. 70 of 2006, s. 81. 244



– 64 –

(d ) the standards to be observed in the const ruct ion , equipment ,

vent ila t ion , ligh t ing, hea t ing and furn ish ing of crew accommodat ion;

and

(e) the provision of wash ing, san ita ry, toilet , messing and hospita l facilit ies

for crewmen; and

(f) the standards of main tenance of crew accommodat ion; and

(g) the prohibit ion or rest r ict ion , of the use of crew accommodat ion for

purposes other than those for which it is designed; and

(h )245

the determina t ion by the Author ity of the crew accommodat ion

requirements for exist ing sh ips.

(i)246


Div ision 6.

Wel fa r e.

131. P ROVISIONS AND WATER.

(1) An employer or master of a sh ip sha ll ensure tha t the provisions and water

supplied for the use of crewmen a re as prescr ibed.

(2)247

248

Where three or more crewmen a re of the opin ion tha t the provisions or

wa ter supplied for the use of crewmen a re not a s prescr ibed, they may compla in to a

Labour Shipping Officer .

(3)249

250

A Labour Shipping Officer to whom a compla in t is made under th is

sect ion sha ll immediately cause the complain t to be invest iga ted.

(4)251

252

For the purposes of an invest iga t ion under th is sect ion , a Labour

Shipping Officer may cause the provisions or wa ter to be examined.

(5)253

254

Where, a fter an invest iga t ion under th is sect ion , a Labour Shipping

Officer is of the opin ion tha t the provisions or wa ter a re not a s prescr ibed he sha ll

direct the employer or the master to replace them.

(6) An employer or a master sha ll comply with a direct ion given under th is

sect ion .

245












– 65 –

132. SHIP TO CARRY MEDICAL STORES, ETC.

An owner or master of a sh ip who permits the sh ip to go to sea without

ca r rying the prescr ibed number of qua lified first a id a t tendants, medicines and

medica l and surgica l stores is guilty of an offence.

Pena lty: 255


133. COMP LAINTS.

(1) Where, in the opin ion of a crewman, the crewman has cause to compla in

about–

(a) the master ; or

(b) any other crewman on a sh ip; or

(c) the condit ions on board a sh ip,

he may complain to the master .

(2) Where a crewman –

(a) has made compla in t under Subsect ion (1); and

(b) is dissa t isfied with–

(i) the act ion taken by the master on tha t compla in t ; or

(ii) the fa ilure of the master to take any act ion ,

the crewman may–

(c) sta te h is dissa t isfact ion to the master ; and

(d )256

request the master to make adequa te a r rangements for the crewman to

compla in to a Labour Shipping Officer or , where the compla int under

Subsect ion (1) bears on a mat ter tha t prejudices the sa fety of the sh ip,

to the Author ity, a s soon as the service of the sh ip permits.

(3) A master to whom a request has been made under Subsect ion (2) who

refuses, or fa ils without reasonable cause, to make the adequa te a r rangements

refer red to in tha t subsect ion is guilty of an offence.

Pena lty: 257


134. RETURN OF DISTRESSED CREWMEN.

(1) Subject to Sect ion 137, where a person is a dist ressed crewman, the person

who last employed h im as a crewman, must make such provision as is prescr ibed for

h is–

(a) return to h is proper r eturn por t ; and

(b) relief and main tenance unt il his return to h is proper retu rn por t .

255





– 66 –

(2) A person who fa ils to make the provision refer red to in Subsect ion (1) is


Pena lty: 258


135. P LACE DEEMED TO BE P ROP ER RETURN P ORT.

Where a dist ressed crewman refuses or fa ils without reasonable cause, to–

(a) agree to be employed in a sh ip in which he is to be returned to h is

proper return por t ; or

(b) comply with any reasonable a r rangement for h is return to h is proper

return por t ,

the place a t which the refusa l or fa ilure occu rs sha ll, from the t ime of the refusa l or

fa ilure, be deemed to be the proper retu rn por t of the dist ressed crewman and h is

employer sha ll not be required to make provision for any expense incurred in rela t ion

to the dist ressed crewman a fter the occurrence of the refusa l or fa ilure.

136. RECOVERY OF EXP ENSES .

Where expense is incurred in respect of a mat ter for which a person is required

to make provision under Sect ion 134, then , unless it can be proved tha t a dist ressed

crewman would not have been left beh ind but for h is own wrongful act or neglect –

(a) if the expense is incurred by, or on behalf of, the Sta te–the Sta te; or

(b) if the expense is incurred by the dist ressed crewman –the dist ressed

crewman,

may recover the expense from the per son who is required to make tha t provision .

137. DISTRESSED CREWMAN ELECTING TO REMAIN AWAY FROM

P ROP ER RETURN P ORT.

Where a dist ressed crewman elect s, a fter the expiry of a per iod of three

ca lendar months from the da te of h is becoming a dist ressed crewman to remain a t a

place away from his proper retu rn por t –

(a) he sha ll be deemed, from the da te on which he so elect s, not to be a

dist ressed crewman; and

(b) the person who last employed h im as a crewman sha ll not be liable to

make provision for h is return to h is proper return por t or for any mat ter

a r ising a fter the da te on which he so elect s.

138. RECOVERY OF BURIAL EXP ENSES.

Where–

(a) a crewman dies; or

(b) a person dies while being a dist ressed crewman,

258



– 67 –

and h is body–

(c) is conveyed to h is proper return por t ; or

(d ) is bur ied or cremated a t a place away from his proper return por t ,

the expense of conveying, burying or cremat ing h is body may be recovered from the

person who last employed h im as a crewman.

139. DISP OSAL OF P ROP ERTY OF DECEASED CREWMAN.

(1) The master of a sh ip in which there is any proper ty of a deceased crewman

who refuses, or fa ils without reasonable cause, to cause tha t proper ty to be delivered

up in the prescr ibed manner to the Regist ra r is guilty of an offence.

Pena lty: 259


(2) Where any proper ty of a deceased crewman has come in to the possession of

the Regist ra r , the Regist ra r sha ll dea l with tha t proper ty as prescr ibed.

(3) Where, a fter deduct ion of any cost s or expense incur red in respect of a

deceased crewman or th e proper ty of a deceased crewman, the va lue of the residue of

the asset s of the deceased crewman held by the Regist ra r –

(a)260

exceeds the amount fixed by the Regist ra r and published in the

Na t iona l Gazet te, tha t residue sha ll be dea lt with according to the

normal ru les of proba te; and

(b)261

is the amount fixed by the Regist ra r and published in the Na t iona l

Gazet te or less, the Regist ra r may a t any t ime with in three months

deliver it to any one or more of the persons refer red to in Subsect ion (4)

and the Regist ra r sha ll then be discharged from any liability in respect

of tha t residue.

(4) The persons refer red to in Subsect ion (3) a re any persons appear ing to the

Regist ra r to be–

(a) the next of kin of the crewman; or

(b) the widow or a ch ild of the crewman; or

(c) persons beneficia lly en t it led, under a will or an in testacy, to the asset s

of the crewman.

(5) Where, in a case to which Subsect ion (3)(b) applies, the Regist ra r has been

unable to pay or deliver the whole of the value of the residue of the asset s a s p rovided

by tha t subsect ion , the whole of the va lue of the residue of the asset s, or , if pa r t only

remains, tha t pa r t , sha ll be dealt with as prescr ibed.

259





– 68 –

140. REGULATIONS FOR WELF ARE.



(a) the qua lity and quant ity of the provisions and water to be supplied for

the use of crewmen; and

(b) the manner of checking and inspect ing provisions and water supplied

for the use of crewmen; and

(c) the manner and conduct of medica l examina t ions of crewmen and of

persons seeking employment as crewmen; and

(d ) the medicines and medica l and surgica l stores (including books

conta in ing inst ruct ions and advice) to be ca rr ied in a sh ip and the

manner in which such medicines and stor es a re to be ca rr ied, stored and

used in a sh ip; and

(e) the appoin tment and cer t ifica t ion of fir st -a id a t tendants and the

circumstances in which first -a id a t tendants a re to be ca rr ied on a sh ip;

and

(f) the manner in which medica l expenses incurred in res pect of a crewman

while a t a place outside the count ry may be recovered from an employer ;

and

(g)263

the circumstances and the manner in which a Labour Shipping Officer

or the Author ity sha ll make provision for the relief, ma in tenance and

return to a proper return por t of a dist ressed crewman; and

(h ) the manner in which any wages due to a dist ressed crewman and any

proper ty left on board a sh ip by a dist ressed crewman a re to be dea lt

with ; and

(i) the manner in which any expense incurred in br inging ashore a

crewman who has been sh ipwrecked, or in main ta in ing h im a fter he has

been brought ashore, may be recovered from the person who last

employed h im as a crewman; and

(j) the manner in which the proper ty of a deceased crewman is to be–

(i) held in custody; or

(ii) sold, conver ted in to cash or otherwise disposed of.

(k )264

the pa r t icu la rs of the fines to be pa id under Sect ions 132, 133, 134 and

139.

262





– 69 –

Div ision 7.

Discip l in e.

141. MISCONDUCT ENDANGERING SHIP OR P ERSONS ON BOARD.

(1) This sect ion applies where a crewman–

(a) does any act which causes, or is likely to cause–

(i) the loss or dest ruct ion of, or ser ious damage to; or

(ii) the dea th of, or ser ious in jury to, a person on board,

a sh ip; or

(b) fa ils to do anyth ing required to be done by him to preserve–

(i) a sh ip from loss, dest ruct ion , or ser ious damage; or

(ii) any person on board the sh ip from dea th or ser ious in jury.

(2) Where the act , or fa ilure to act by the crewman refer red to in Subsect ion

(1)–

(a) is delibera te; or

(b) amounts to a breach or neglect of duty or disobedience to a lawful

command; or

(c) occurs when the crewman is under the influence of a lcohol, or a drug,

the crewman is guilty of an offence.

Pena lty: 265


exceeding two years.

142. DEFENCE IF DRUG TAKEN FOR MEDICAL P URP OS ES.

It is a defence to a charge of an offence against Sect ion 141 if the person

charged proves tha t –

(a) a t the t ime of the a lleged act or fa ilure to act , he was under the

influence of a drug taken by h im for m edica l purposes; and

(b) either–

(i) he took tha t drug on medica l advice and complied with any

direct ion given as pa r t of tha t advice; or

(ii) he had no reason to believe tha t the drug might have the

influence it had.

143. CONTINUAL OR CONCERTED DISOBEDIENCE.

Where a crewman –

265



– 70 –

(a) persisten t ly and wilfully–

(i) neglects h is duty; or

(ii) disobeys lawful commands; or

(b) combines with other crewmen to–

(i) disobey a lawful command; or

(ii) neglect h is duty; or

(iii) impede the naviga t ion of the sh ip,

he is guilty of an offence.

Pena lty: 266


144. ABSENCE WITHOUT LEAVE.

Where–

(a) a crewman is absent without leave; and

(b) h is absence is–

(i) due to h is recklessness; or

(ii) delibera te and without reasonable cause; and

(c) a sh ip–

(i) is thereby delayed; or

(ii) goes to sea without h im,

the crewman is guilty of an offence.

Pena lty: 267


145. P ERSONS DEEMED TO BE CREWMEN.

Notwithstanding any other provision of th is Act , where–

(a) a person is ca r r ied to sea in a sh ip without the consent of the master or

of any other person author ized to give consent to h is being so ca rr ied; or

(b) a dist ressed crewman is ca r r ied on a sh ip for the purpose of being

returned to h is proper return por t ,

he is, for the purposes of th is Division , deemed to be a crewman on the sh ip.

146. DISCIP LINARY OFFENCES.

(1)268

269

The master of a sh ip who finds tha t a crewman has commit ted a

disciplina ry offence sha ll make a repor t of h is findings in the prescr ibed form to a

Labour Shipping Officer .

266




– 71 –

(2) Where–

(a) two or more repor t s under Subsect ion (1) have been made with in the

prescr ibed t ime in respect of a crewman; or

(b) a crewman has commit ted an offence under Sect ion 141, 143 or 144,

the Regist ra r may decla re the crewman to be a suspended person .

147. AP P EAL AGAINST SUSP ENSION.

(1) Where–

(a) the Regist ra r has decla red a crewman to be a suspended person; and

(b) the per iod of suspension exceeds 12 months,

the crewman may, with in 30 days of receiving the prescr ibed not ifica t ion of h is

suspension , appea l to the Na t iona l Cour t .

(2) Where an appea l is made under Subsect ion (1), the Na t iona l Cour t sha ll

make such orders as the just ice of the case requires.

148. LIST OF SUSP ENDED P ERSONS.

(1) The Regist ra r sha ll keep a list known as t he list of suspended persons.

(2) Where a crewman is suspended for a per iod–

(a) of 12 months or less; or

(b) exceeding 12 months and–

(i) no appea l to the Na t iona l Cour t is made with in the per iod of 30

days refer red to in Sect ion 147(1); or

(ii) an appea l is made under Sect ion 147(1) and the Na t ional Cour t

orders tha t the appeal be dismissed,

the Regist ra r sha ll include the name of the crewman in the list of suspended persons.

149. REGULATIONS FOR DISCIP LINARY OFFENCES.



(a) misconduct on board a sh ip tha t is a disciplina ry offence; and

(b) the procedures under which a master may find tha t a crewman has

commit ted a disciplina ry offence; and

(c) the manner in which a decla ra t ion of suspension sha ll be made and the

manner in which tha t decla ra t ion sha ll be not ified to–

(i) a suspended person; and

268





– 72 –

(ii) the person who last employed h im as a crewman; and

(d ) the manner in which the name of a suspended person sha ll be included

in a list of suspended persons; and

(e) the manner in which a list of suspended persons is–

(i) to be kept ; and

(ii)271

to be made ava ilable for inspect ion by any person appear ing to

the Regist ra r to be interested.

(f)272

the pa r t icu la rs of the fines to be pa id under Sect ions 141, 143 and 144.

Div ision 8.

Gen era l .

150. STOWAWAYS.

A person who, without the consent of–

(a) the master of a sh ip; or

(b) a person author ized by the master of a sh ip to give tha t consent ,

goes to sea in the sh ip is guilty of an offence.

Pena lty: 273


151. FEES P AYABLE IN RESP ECT OF SERVICES OF LABOUR SHIP P ING

OFFICERS.

(1)274

275

Fees sha ll be payable as prescr ibed in respect of the services of Labour

Shipping Officer .

(2)276

277

The fees refer red to in Subsect ion (1) sha ll be known as Labour

Shipping Officer Service Fees.

152. RETURNS OF BIRTHS AN D DEATHS ON P AP UA NEW GUINEA

SHIP S.

(1) In th is sect ion “sh ip” means a sh ip registered under th is Act .

(2)278

279

The master of a sh ip who refuses, or fa ils without reasonable cause, to

make a return in the prescr ibed form to the Regist ra r of any–

(a) bir th occurr ing in ; or

271











– 73 –

(b) dea th occur r ing, or presumed to have occur red, in or from,

the sh ip, is gu ilty of an offence.

Pena lty: 280


153. RETURNS OF BIRTHS AND D EATHS ON FOREIGN SHIP S.

(1) In th is sect ion “sh ip” means a ship registered in a count ry other than

Papua New Guinea .

(2)281

282

The master of a sh ip who refuses, or fa ils without reasonable cause, to

make a return in the prescr ibed form to the Regist ra r of any–

(a) bir th occurr ing in ; or

(b) dea th occur r ing, or presumed to have occur red, in or from,

the sh ip, on a voyage to a por t or place in the count ry, is gu ilty of an offence.

Pena lty: 283


154. CREWMAN’S IDENTITY CARD.

(1) The Regist ra r may issue to a person who is a cit izen a ca rd to be known as

a Crewman’s Ident ity Card.

(2) A person to whom a Crewman’s Ident ity Card has been issued who refuses,

or fa ils without reasonable cause–

(a) to keep the ca rd securely; and

(b) to produce it when so required to such persons and in such

circumstances as a re prescr ibed,


Pena lty: 284


155. REGISTER OF CREWMEN.

(1) The Regist ra r sha ll cause to be kept a t the pr incipa l por t of r egist ry a book

to be known as the Register of Crewmen.

(2) The Regist ra r sha ll cause to be en tered in to the Register of Crewmen –

(a) pa r t icu la rs of an Employment Record Book issued under Sect ion 156;

and

(b) pa r t icu la rs of any per iod dur ing which a person is a suspended person;

and

(c) such other pa r t icu la r s as may be prescr ibed.

280







– 74 –

(3) Any person may inspect the Register of Crewmen a t any t ime dur ing the

hours of officia l a t tendance by the Regist rar .

156. EMP LOYMENT RECORD BOOK.

(1) The Regist ra r may issue to a person a book to be known as an Employment

Record Book.

(2) An Employment Record Book sha ll be in the prescr ibed form.

157. OFFICIAL LOG BOOK.

(1) The master of a sh ip sha ll keep a book to be known as the Officia l Log

Book.

(2) Subject to th is Act , the master of a sh ip who fa ils without reasonable

cause–

(a) to keep the Officia l Log Book in the prescr ibed manner ; and

(b) to ca r ry the Officia l Log Book in the sh ip,


Pena lty: 285


158. CREW LIST.

(1) An employer or t he master of a sh ip must make and, in the prescr ibed

manner , ma in ta in a list of the crew of the sh ip.

Pena lty: 286


(2) A list refer red to in Subsect ion (1) is to be known as a Crew List .

159. INQUIRIES INTO D EATH OR SERIOUS INJ U RY.

(1) Where–

(a) a person dies or suffers a ser ious in jury in a sh ip; and

(b)287

the master of the sh ip fa ils, without reasonable cause, to not ify the

Author ity of the dea th or ser ious in jury,

the master of the sh ip is guilty of an offence.

Pena lty: 288


(2)289

290

Subject to Subsect ion (4), where–

(a) a person dies or suffers a ser ious in jury in a sh ip; or

285








– 75 –

(b) a crewman belonging to a sh ip dies or su ffers a ser ious in jury away from

the sh ip,

an inquiry in to th e circumstances su rrounding the dea th or ser ious in jury sha ll,

un less the Minister otherwise direct s, be held by the Labour Shipping Officer or by a

person so au thor ized by the Author ity a t the next por t in Papua New Guinea a t

which the sh ip ca lls.

(3)291

292

For the purpose of holding an inquiry under Subsect ion (2), t he Labour

Shipping Officer , or the person author ized by the Author ity, may–

(a) go on board a sh ip a t any t ime and inspect the sh ip or the machinery or

equipment of the sh ip or any a r t icle on boar d the sh ip; or

(b) summon any person before h im and require tha t person to answer

quest ions rela t ing to the dea th or ser ious in jury; or

(c) require the product ion of any document tha t in h is opin ion is relevant to

the inquiry.

(4) No inquiry sha ll be held under th is sect ion in a case where an inquest by a

Coroner is being held, is to be held or is required to be held, under any law of Papua

New Guinea .

(5)293

294

The Labour Shipping Officer or the per son author ized by the Author ity

who has held an inquiry under Subsect ion (2) sha ll make a wr it ten repor t of h is

findings to the Author ity and the Author ity may make a copy of the repor t ava ilable

in the case of a person who has–

(a) died–

(i) to the next of kin of the deceased person; or

(ii)295

to any other person who requests such a copy and who appears to

the Author ity to be interested; and

(b) suffered a ser ious in jury–

(i) to tha t person , or to a person act ing on h is beha lf; or

(ii)296

to any other person who requests such a copy and who appears to

the Author ity to be interested.

160. ABSENCE OF CREWMAN F ROM DUTY.

(1) In th is sect ion “crew m an ” means a crewman who is absent from a sh ip a t

a t ime when, under an agreement , he is required to be on board.

291




Subsection (5) amended by No. 70 of 2006, s. 101; Subsection (5) amended by No. 70 of 2006, s. 101. 294


Subsection (5) amended by No. 70 of 2006, s. 101; Subsection (5) amended by No. 70 of 2006, s. 101. 295




– 76 –

(2) Where a crewman proves–

(a) tha t h is absence from a sh ip was due to–

(i) accident ; or

(ii) mistake; or

(iii) some cause beyond h is cont rol; and

(b) tha t he took a ll reasonable precaut ions to avoid being absent ,

h is absence is not a breach of cont ract .

(3) Where, in an act ion for breach of cont ract a r ising from the absence of a

crewman from a sh ip, a crewman fa ils to prove the mat ters refer red to in Subsect ion

(2), if specia l damages a re–

(a) not cla imed by h is employer , h is civil liability is limited to K10.00; and

(b) cla imed by h is employer , h is civil liability is lim ited to K100.00.

161. FAILURE BY CREWMAN TO J OIN FOREIGN SHIP .

(1) This sect ion applies to any sh ip which is registered in a coun t ry other than

Papua New Guinea .

(2) Where a crewman of a sh ip, being a crewman who is not a cit izen , fa ils to

join the sh ip wh ile the sh ip is a t a place in Papua New Guinea a Magist ra te or J udge

may, on complain t being made–

(a) by the Consul or other diplomat ic representa t ive, of the count ry in

which the sh ip is registered; or

(b) if there is no such representa t ive in the count r y–by the owner of the

sh ip or h is agent ,

issue a warrant for the apprehension of the crewman.

(3) Where a crewman has been apprehended under a warrant issued under

Subsect ion (2), a Magist ra te or J udge may place the crewman a t the disposa l of–

(a) the Consul or other diplomat ic representa t ive of the count ry in which

the sh ip is registered; or ,

(b) if there is no such representa t ive in the count ry–the owner of the sh ip or

h is agent ,

so tha t the crewman may be put back on board the sh ip either in the coun t ry or in

some other count ry.

(4)297

298

Where any cost s a re incurred by the Sta te–

(a) in the apprehension of a crewman under th is sect ion; or

(b) in the return ing of the crewman to h is sh ip,

297




– 77 –

those cost s may be recovered from the owner of the sh ip or from his agent or from the

Consul or diplomat ic representa t ive on the compla in t of whom the crewman was

apprehended.

162. DETENTION OF A SHIP .

(1) Where–

(a) a sh ip is a t a place in Papua New Guinea or with in the ter r itor ia l limit s

of Papua New Guinea; and

(b)299

the Author ity, or a Labour Shipping Officer , is of the opin ion tha t the

owner or the master of the sh ip or an employer , has fa iled to comply

with a requirement of th is Par t ,

the sh ip may be deta ined.

(2)300

301

Where a sh ip is deta ined under Subsect ion (1), the sh ip may be

deta ined unt il such t ime as the Author ity, or a Labour Shipping Officer , issues a

cer t ifica te showing tha t –

(a) he is sa t isfied tha t the owner , the employer and the master have

complied with th is Par t ; and

(b) the sh ip may go to sea without a con t ravent ion of th is Par t .

163. GENERAL REGULATIONS.



(a) the circumstances, manner and form in which the Regist ra r sha ll issue

and record a Crewman’s Ident ity Card; and

(b) the circumstances and manner in which a Crewman’s Ident ity Card is

to be delivered up to a Shipping Officer ; and

(c) the issue and form of Employment Record Books; and

(d ) en t r ies to be made in the Register of Crewmen; and

(e) endorsements to be made in Employment Record Books; and

(f) the pa r t icu la rs required to be en tered in an Officia l Log Book; and

(g) the persons by whom ent r ies in an officia l log book a re to be made,

signed or witnessed; and

(h ) the procedure to be followed in the making of en t r ies in an officia l log

book; and

299





s . 163A. Merchant S hipping 9999

– 78 –

(i) the product ion , or delivery of an Officia l Log Book to such person , in

such circumstances and with in such t imes as may be specified; and

(j) the pa r t icu la rs to be en tered in the Crew List ; and

(k ) the t ime dur ing which a Crew List may remain in force; and

(l) the manner of not ifica t ion to specified persons of changes in a Crew

List ; and

(m ) the place and manner in which a Crew List , or a copy of a Crew List , is

to be main ta ined; and

(n ) the manner in which the Crew List , or a copy of a Crew List , is to be

made available on demand to specified per sons.

(o)303

the pa r t icu la rs of the fines to be pa id under Sect ions 150, 152, 153, 154,

157, 158 and 159.

Div ision 9.304

In t er n a t ion a l Ma r i t im e Con ven t ion s.

163A. CONVENTION TO HAVE EFFECT.

305(1) Subject to th is Act and any other law, the STCW Convent ion sha ll have

the force of law.

(2) Where, in respect of a sh ip tha t is registered under th is Act , there is a

fa ilure to comply with a requirement of the STCW Convent ion , the master or owner

of the sh ip is guilty of an offence.

Pena lty: 306




163B. IMP LEMENTATION OF CONVENTION.

308(1)

309

310The regula t ions may make provision , not inconsisten t with this

Division , for , or in rela t ion to, the implementa t ion of, or giving effect to, the STCW

Convent ion .

(2)311

312

Where, under the STCW Convent ion , the severa l count r ies tha t a re

pa r t ies to the Convent ion have a discret ion as to whether any or wha t act ion should

303


Division 9 inserted by Merchant Shipping (Amendment) Act 1996 (No. 67 of 1996), s2. 305

Section 163A inserted by Merchant Shipping (Amendment) Act 1996 (No. 67 of 1996), s2. 306

Section 163A Subsection (2) amended by No. 70 of 2006, s. 105. 307

Section 163A Subsection (2) amended by No. 70 of 2006, s. 105. 308

Section 163B inserted by Merchant Shipping (Amendment) Act 1996 (No. 67 of 1996), s2. 309

Section 163B Subsection (1) amended by No. 70 of 2006, s. 106. 310



Section 163B Subsection (2) amended by No. 70 of 2006, s. 106.

Merchant S hipping 9999 s . 163B.

– 79 –

be taken under theme, tha t discret ion sha ll be taken by the Minister , on the advice of

the Author ity.

(3)313

314

Where, under the STCW Convent ion , the severa l count r ies tha t a re

pa r t ies to the Convent ion a re under a du ty to do an act or th ing, tha t act or th ing

sha ll be done by the Author ity.

313


Section 163B Subsection (3) amended by No. 70 of 2006, s. 106.


– 80 –

P ART VI. – SHIP P ING CASUALTIES, INQUIRIES AND INVESTIGATIONS.

164. REP ORTING OF CASUALTIES AND INCIDENTS.

(1) In th is sect ion , “sh ip” means a sh ip tha t is–

(a) registered under th is Act ; or

(b) not registered under t h is Act and the next por t of ca ll of tha t sh ip is a t a

por t or place in Papua New Guinea; or

(c) an offshore sh ip.

(2) Where a sh ip–

(a) causes or is involved in an accident ; or

(b) receives damage which renders, or is likely to render the sh ip unsafe; or

(c) has been in a posit ion of grea t per il from –

(i) the act of some other sh ip; or

(ii) danger of wreck or collision; or

(d ) fouls, or does damage to–

(i) a pipeline; or

(ii) a submarine cable; or

(iii) a mar ine naviga t iona l a id; or

(e) is involved in any incident in which the sea is pollu ted by oil or by any

other noxious substance either by the sh ip or by any other sh ip; or

(f) having left a por t in Papua New Guinea puts back to tha t por t ,

the master of the sh ip must , a s soon as pract icable–

(g)315

repor t the event to the Author ity; and

(h )316

if so requested by the Author ity – provide to it , a wr it ten repor t .

(3) The master of a sh ip who fa ils, without reasonable cause, to comply with

the Subsect ion (2) is guilty of an offence.

Pena lty: 317

a fine not exceeding K4,000.00.

165. INQUIRY INTO CERTAIN CASUALTIES.

(1) In th is sect ion , “sh ip” means a sh ip tha t was, a t the t ime the casua lty

occur red–

(a) registered under th is Act ; or

(b) not registered under t h is Act , being–

315





– 81 –

(i) a sh ip to which Par t V applied; or

(ii) a sh ip tha t was within Papua New Guinea or the ter r itor ia l sea .

(2)318

319

Where a casua lty has occur red, the Author ity may–

(a)320

cause a preliminary invest iga t ion in to the casua lty to be held by a

person appoin ted for t he purpose by the Author ity; and

(b) whether or not a preliminary invest iga t ion in to the casua lty has been

held–cause a Marine Inquiry to be held.

166. P RELIMINARY INVESTIGATIONS.

(1)321

322

Where the Author ity causes a preliminary invest iga t ion to be held

under Sect ion 165 the person holding the invest iga t ion –

(a) may–

(i) go on board any sh ip involved in the casua lty; and

(ii) require any person to answer quest ions rela t ing to the casua lty;

and

(iii) require product ion of any document or cer t ifica te rela t ing to any

sh ip involved in the casua lty; and

(b)323

sha ll, on conclusion of the invest iga t ion , send to the Author ity a repor t

conta in ing a fu ll sta tement of the case and of h is opin ion on it ,

accompanied by such repor t on or ext ract s from the evidence and such

observa t ions as he thinks fit .

(2)324

325

Where it appears to the Author ity on receipt of the repor t refer red to in

Subsect ion (1) to be necessa ry and desirable to do so, he may order the suspension of

any cer t ifica te issued under Sect ion 104 to any qua lified crewman pending the

outcome of a Mar ine Inquiry held un der Sect ion 165.

167. MARINE INQUIRIES.

(1)326

327

The Author ity may for the purpose of holding a Marine Inquiry under

Sect ion 165 nomina te a person appear ing to it to be su itably qualified by the holding

of or by having held judicia l office, or by exper ience a s a lawyer , to hold a Marine

Inquiry.

318












– 82 –

(2)328

329

The person nomina ted under Subsect ion (1) sha ll conduct the Marine

Inquiry with the assistance of one or more assessors, with such qua lifica t ions as a re

prescr ibed, a s nominated by the Author ity.

(3)330

331

In any case where a quest ion as to the cancella t ion or suspension of a

crewman’s cer t ifica te is likely to a r ise the Marine Inquiry sha ll be assisted by a t

least one assessor having exper ience in the merchant service.

(4) A Marine Inquiry sha ll be conducted–

(a) in accordance with any regula t ions made under Sect ion 173, and

(b) in such a manner tha t if a charge is made aga inst any person , tha t

person sha ll have an oppor tunity of making a defence.

(5) For the pu rpose of an inquiry, the Marine Inquiry and/or the assessors

assist ing it , may–

(a) go on board any sh ip; and

(b) require any person to answer quest ions rela t ing to the subject of the

inquiry; and

(c) require the product ion to it or them of any document or cer t ifica te tha t

in it s or their opinion is relevant to the inquiry.

(6)332

333

The Marine Inquiry a fter hea r ing the case sha ll make a fu ll repor t to

the Author ity together with such repor t of or ext ract s from the evidence and such

observa t ions as it th inks fit and each assessor sha ll either sign the repor t or sta te in

wr it ing to the Author ity h is dissent from it and h is reasons for tha t dissent .

(7)334

335

The Marine Inquiry may make such order as it th inks just regarding

the cost s of the inquiry or any par t of it and any such cost s tha t a person may be

ordered to pay ma y be recovered from tha t person by the Author ity.

(8)336

337

The Author ity may, in any case tha t it th inks it is in the public in terest

to do so, pay any or a ll of the cost s of a Mar ine Inquiry.

168. P OWER OF A MARINE IN QUIRY AS TO CERTIFICATES.

(1) Where, a s a resu lt of a Mar ine Inquiry, the Inquiry is sa t isfied tha t any

qua lified crewman –

(a) is unfit to discharge h is dut ies because of incompetence or misconduct or

for any other reason; or

328












– 83 –

(b) has been ser iously negligent in the discharge of h is dut ies; or

(c) has fa iled to give any assistance or informat ion required by Sect ion 81,

and, in a case coming under Paragraph (a ) or (b) is fur ther sa t isfied tha t the

unfitness or negligence caused or cont r ibuted to the casua lty, the Marine Inquiry

may–

(d ) order the ca ncella t ion or suspension of any cer t ifica te issued under

Sect ion 104 to the qua lified crewman concerned; or

(e) censure the crewman concerned.

(2)338

339

Where a cancella t ion or suspension is ordered under Subsect ion (1)(d)

the crewman concerned sha ll immedia tely deliver the cer t ifica te to the Author ity for

cancella t ion or suspension .

(3) A Marine Inquiry sha ll not order the cancella t ion or suspension of a

cer t ifica te unless a t least ha lf of the number of assessors concur .

(4) A Marine Inquiry sha ll not order the cancella t ion or suspension of a

cer t ifica te unless a copy of the repor t refer red to in Sect ion 166 or a sta tement of the

case on which the formal inquiry has been ordered has been furn ished to the

crewman holding the cer t ifica te before the commencement of the inquiry.

(5) Where any case before a Mar ine Inquiry involves the quest ion as to the

cancelling or suspending of a cer t ifica te the Marine Inquiry sha ll, a t the conclusion of

the case or as soon a fterwards as possible, sta te in open cour t the decision to which it

has come with respect to the cancelling or suspending of the cer t ifica te.

(6)340

341

The Marine Inquiry sha ll in a ll cases send a fu ll repor t of the inquiry to

the Minister and the Author ity.

169. DISQUALIFICATION OF A CREWMAN.

(1)342

343

Where it appears to the Author ity tha t a person who is the holder of a

cer t ifica te issued under Sect ion 104 is unfit to be the holder of such a cer t ifica te,

whether by reason of incompetence or misconduct or for any other reason , he may

give the holder wr it ten not ice t ha t he is consider ing the cancella t ion or suspension of

the cer t ifica te.

(2) The not ice refer red to in Subsect ion (1) sha ll sta te–

(a)344

the reasons why it appears to the Author ity tha t the holder is unfit to be

the holder of such a cer t ifica te; and

338









– 84 –

(b)345

tha t with in a per iod specified in the not ice, or such longer per iod as the

Author ity may a llow, the holder may make writ ten representa t ions to

the Author ity or cla im to make ora l representa t ions to the Author ity.

(3)346

347

After consider ing any representa t ions m ade in accordance with

Subsect ion (2) the Author ity sha ll decide whether or not to cancel or suspend the

cer t ifica te and sha ll give the holder wr it ten not ice of h is decisions.

(4) Where the decision is to cancel or suspend the cer t ifica te the not ice–

(a) sha ll sta te the da te from which the cancella t ion is to take effect , or the

da te from which and the per iod for which the suspension is to take

effect ; and

(b)348

sha ll require the holder to deliver the cer t ifica te to the Author ity not

la ter than the date so specified.

170. FAILURE TO DELIVER CANCELLED OR SUSP ENDED

CERTIFICATE.

Where a cer t ifica te is ordered to be cancelled or suspended or is cancelled or

suspended and the holder fa ils to deliver up the cer t ifica te as required under th is

Par t , he is guilty of an offence.

Pena lty: 349


171. REHEARINGS AND THE P OWER OF THE MINISTER TO RESTORE

CERTIFICATES.

(1) Where a Marine Inquiry has been held under th is Par t the Minister may

order the whole or pa r t of a case to be reheard, and sha ll do so if–

(a) new and impor tan t evidence which could not be produced a t the inquiry

has been discovered; or

(b) there appears to the Minister to be other grounds for suspect ing tha t a

misca rr iage of just ice may have occurred.

(2)350

351

Where a cer t ifica te has been cancelled or suspended under th is Par t by

a Marine Inquiry under Sect ion 167 or by the Author ity under Sect ion 169 the

Minister may–

(a)352

on the recommenda t ion of the Marine Inquiry or the Author ity; or

(b) if he is of the opin ion tha t the circumstances of the case require it ,

345










– 85 –

order the issue by the Author ity of a new cer t ifica te of a lower grade in place of the

cancelled or suspended cer t ifica te.

172. AP P EALS.

(1) Subject to Subsect ion (2), where under th is Par t –

(a) the cer t ifica te of a crewman is ca ncelled or suspended; or

(b) a crewman is censured; or

(c) the cost s or pa r t of t he cost s of an inquiry a re awarded by a Marine

Inquiry against any person; or

(d ) the Marine Inquiry has found tha t the casua lty has been caused or

cont r ibuted to by the wrongful act of any person ,

the crewman in the case of Paragraph (a ) or (b) and in the case of Paragraph (c) or (d)

any person who has appeared a t the hear ing and is a ffected by the decision of the

Marine Inquiry, may appea l to the Na t ional Cour t and the Na t ion a l Cour t may make

such order as the just ice of the case requires.

(2) Where a rehear ing has been ordered under Sect ion 171(1), no appea l may

be made unt il the decision of the rehear ing has been given .

173. REGULATIONS UNDER P ART VI.

353The regula t ions may ma ke provision , not inconsisten t with th is Par t , for and

in rela t ion to –

(a) the select ion of assessors for nomina t ion by the Author ity; and

(b) the qua lifica t ions of assessors; and

(c) the circumstances in which assessors sha ll a ssist a Mar ine Inquiry; and

(d ) the manner in which any fact s may be proved; and

(e) the persons who may be a llowed to appear ; and

(f) the not ices to be given to persons a ffected; and

(g) the pa r t icu la rs of the fines to be pa id under Sect ion 164.

353



– 86 –

P ART VII. – NAVIGATIONAL AIDS.

Div ision 1.

P r el im in a r y.

174. INTERP RETATION OF P ART VII.

In th is Par t , un less the cont ra ry in ten t ion appears–

354355“aid” means mar ine naviga t ional a id except a mar ine naviga t ional a id

whose provision and main tenance is t e responsibility of the Habours

Board under the Harbours Act (Chapter 240);

“ligh t” includes any fire, lamp, st reet ligh t or other illumina t ing device;

“ow n er”, in rela t ion to–

(a) an a id–includes any person in possession or cont rol of the a id;

and

(b) a ligh t–includes any person in possession or cont rol of the ligh t .

175. DECLARATION OF P UBLIC P URP OSE.

It is decla red tha t , for the purposes of Sect ion 53 (protection from unjust

deprivation of property) of the Constitu tion , mar ine naviga t iona l sa fety is, in rela t ion

to the acquisit ion of a ids, a public purpose.

Div ision 2.

Acq u isi t ion of Aid s.

176. AP P LICATION OF DIVIS ION 2.

(1) This Division applies–

(a) notwithstanding any other law in force in Papua New Guinea ; and

(b) to a ids other than a ids a ffixed to land.

(2) In rela t ion to the acquisit ion of a ids affixed to land, the Land Act 1996

applies.

177. MODE OF ACQUISITION.

(1)356

357

The Author ity may, on beha lf of the Sta te by agreement , acquire from

any person any a id held by tha t person .

(2) Where an a id is acquired under Subsect ion (1), any inst rument purpor t ing

to t ransfer the proper ty in the a id is va lid and effectua l to vest the proper ty in the

a id in the Sta te.

354






– 87 –

178. COMP ULSORY ACQUISITION.

(1)358

359

Where–

(a)360

the Author ity has fa iled to en ter in to an agreement under Sect ion 177;

and

(b)361

in it opin ion , it is necessa ry for h im to do so for the purposes of th is

Par t ,

the Author ity may, by not ice in the Na t ional Gazet te, decla re that the a id specified in

the not ice is acquired by compulsory process under th is Act .

(2) On publica t ion of a not ice under Subsect ion (1)–

(a) the proper ty in the a id is vested in the Sta te; and

(b) the a id is freed and discharged from a ll in terest s, t rust s, rest r ict ions,

decla ra t ions, reserva t ions, obliga t ions, cont ract s, licences, liens, charges

and ra tes.

179. EFFECTS OF COMP ULSORY ACQU ISITION.

Where an a id is compulsor ily acquired under Sect ion 178–

(a) the in terest in the a id of the person from whom the a id has been

acquired is conver ted in to a r ight to compensa t ion; and

(b) in respect of any in terest in the a id–the r ight of any person against the

person from whom the a id has been acquired is preserved.

180. COMP ENSATION.

(1) Any person who, immedia tely before the da te of compulsory acquisit ion of

an a id under Sect ion 178, had an in terest in the a id may apply with in the prescr ibed

t ime and in the prescr ibed manner to the Minister for payment of compensa t ion in

respect of tha t in terest .

(2) The Minister sha ll, with in the prescr ibed t ime, a fter receiving an

applica t ion under Subsect ion (1), determine–

(a) whether the applicant had, a t the relevant t ime, a compensable in terest

in the a id; and

(b) the amount of compensa t ion (if any) payable by the Sta te in rela t ion to

tha t compensable in terest .

181. COURT MAY ADJ UST RIGHTS.

362Where an a id is compulsor ily acquired under th is Division , the Cour t may,

on the applica t ion of the Author ity or any in terested person , make such order as it

358






– 88 –

th inks proper for decla r ing or adjust ing r ights and liabilit ies in connect ion with the

a id, including any cla im for compensa t ion , or with t ransa ct ions in rela t ion to the a id,

or otherwise a ffected by the acquisit ion .

Div ision 3.

Con t r ol of Aid s.

182. ESTABLISHMENT OF AID S.

(1)363

364

The Author ity may establish an a id.

(2)365

366

A person may, with the writ ten approva l of the Author ity, establish an

a id.

(3) A person who, without the approva l refer red to in Subsect ion (2),

establishes an a id is guilty of an offence.

Pena lty: 367


183. MAINTENANCE AND ALTERATION OF AIDS.

368The Author ity, or a person author ized by the Author ity for t he purpose,

may–

(a) main ta in ; and

(b) add to, a lter or remove; and

(c) va ry the character of, or the mode of opera t ing or exhibit ing,

an a id.

184. CONTROL OF P RIVATE AIDS.

(1)369

370

A person who, without the writ ten approva l of the Author ity–

(a) main ta ins; or

(b) adds to, a lters or removes; or

(c) va r ies the character of, or the mode of opera t ing,

an a id tha t is his proper ty, or under h is con t rol, is guilty of an offence.

Pena lty: 371


362












– 89 –

(2)372

373

The Author ity may, by writ t en not ice, require the owner of an a id, or

the owner of, or per son having under h is cont rol, any light , device, or th ing being a

ligh t , device or th ing tha t is not an a id–

(a) to remove it ; or

(b) to a lter it s character or mode of opera t ion; or

(c) to desist from using or from in ter fer ing with it ; or

(d )374

to use it on ly a t such t imes and in such manner as the Author ity direct s.

(3)375

376

In making a requirement under Subsect ion (2), the Author ity sha ll have

regard to the sa fety and convenience of mar ine naviga t ion .

(4)377

378

Where a per son fa ils, without reasonable cause, to comply with a

requirement made under Subsect ion (2), or for any reason a not ice under Subsect ion

(2) cannot be served on the owner , the Author ity may–

(a) t ake possession or con t rol of the a id or of the ligh t , device or th ing; and

(b)379

do, a t the expense of the person , anyth ing which the per son was

required to do under Subsect ion (2) or which , in the opin ion of the

Author ity, must be done for the sa fety of mar ine naviga t ion .

(5) A person who fa ils, without reasonable cause, to comply with a requirement

made under Subsect ion (2) is guilty of an offence.

Pena lty: 380


185. INSP ECTION OF AIDS B Y AUTHORITY.

(1)381

382

The Author ity may a t any reasonable t ime inspect –

(a) any a id; and

(b) any light , device, or th ing tha t –

(i) is not an a id; and

(ii)383

may, in it s opin ion , a ffect the sa fety or convenience of mar ine

naviga t ion .

(2)384

385

For the purpose of an inspect ion under Subsect ion (1), the Author ity

may enter on any proper ty.

372














– 90 –

186. MAINTENANCE OF AIDS BY AUTHORITY.

386Where, in the opinion of the Author ity, it is necessa ry for the main tenance of

an a id to do so, the Author ity may–

(a) en ter on any proper ty; and

(b) t ranspor t goods, or cause goods to be t ranspor ted through the proper ty.

187. OBSTRUCTION OF AUTHORITY.

387A person who obst ructs the Author ity in the exercise of it s powers or the

performance of it s du t ies under th is Division is guilty of an offence.

Pena lty: 388


Div ision 4.

N a v iga t iona l Aid Con t r ibu t ion s.

188. REQUIREMENT TO P AY N AVIGATIONAL AID CONTRIBUTIONS.

389The–

(a) owner ; or

(b) master ; or

(c) agent of the owner ; or

(d ) agent of the char terer ,

of a sh ip tha t–

(e) en ters or leaves a place or por t in Papua New Guinea ; or

(f) is engaged in offshore opera t ions,

sha ll pay to the prescr ibed person such naviga t iona l a id cont r ibut ions in respect of

the sh ip as a re prescr ibed.

189. P ENALTY FOR FAILURE TO P AY NAVIGATIONAL AID

CONTRIBUTIONS.

Where, without reasonable cause, the owner or the mast er of a sh ip fa ils to pay

such naviga t iona l a id cont r ibut ions as a re prescr ibed, the owner and the master of

the sh ip a re each guilty of an offence.

Pena lty: 390


384






Section 188 replaced by No. 38 of 1984. 390



– 91 –

190. DETENTION OF SHIP WHERE NAVIGATIONAL AID

CONTRIBUTIONS ARE NOT P AID.

Where, in respect of a sh ip, naviga t iona l a id cont r ibut ions a re–

(a) payable under Sect ion 188; and

(b) a re unpa id,

the sh ip may be deta ined unt il they a re pa id.

Div ision 5.

Da m a ge t o N a v iga t ion a l Aid s.

191. OFFENCES RELATING TO NAVIGATIONAL AIDS.

(1) A person who–

(a) wilfu lly or negligent ly damages, dest roys or a llows a sh ip to foul an a id;

or

(b) wilfu lly or negligent ly does anyth ing which causes the view of an a id to

be obst ructed in such a manner as to lessen it s efficiency; or

(c) wilfu lly or negligent ly does anyth ing which in ter feres with an a id so as

to h inder the effect ive use of the a id; or

(d ) without lawful au thor ity, removes, a lters or in ter feres with an a id so as

to h inder the effect ive use of the a id; or

(e) t respasses on , or without lawful excuse, is found in or on –

(i) an a id; or

(ii) any land on which an a id is situa ted,


Pena lty: 391

A fine not exceeding K8,000.00 and in addit ion the cost of repa ir ing

or replacing the a id or of render ing the a id effect ive again .

(2) A person who–

(a) damages, dest roys or a llows a sh ip to foul an a id; and

(b)392

fa ils to not ify the Author ity as soon as pract icable a fter the a id is

damaged, dest royed or fouled,


Pena lty: 393


391





– 92 –

192. DETENTION OF SHIP IN CERTAIN CIRCUMSTANCES.

Where a sh ip damages, dest roys or fouls an a id, the sh ip may be deta ined unt il

the cost of repa ir ing or replacing the a id or render ing the a id effect ive aga in is pa id.

Div ision 6.

Gen era l .

193. IMMUNITY FROM CERTAIN P ROCEEDINGS.

(1)394

395

In th is sect ion , “th e State” includes the Minister , an employee of the

Sta te, any sta tu tory au thor ity or inst rumenta lity of the Sta te, including the

Author ity, and an employee of any such sta tu tory au thor ity or inst ru menta lity.

(2) No legal proceedings sha ll be inst itu ted against the Sta te in respect of any

act or omission tha t is done or made under th is Par t un less t ha t act or omission

a r ises from wilfu l misconduct .

194396

. [R EP EALED .]

195. REGULATIONS FOR NAVIGATIONAL AIDS.

397The regula t ions may make provision , not inconsisten t with th is Par t , for and

in rela t ion to–

(a) the ra tes and sca les, whether on a voyage or on a per iodica l basis, of the

naviga t iona l a id cont r ibut ions payable in respect of sh ips; and

(b) the manner in which naviga t iona l a id cont r ibut ions shall be pa id; and

(c) the t imes a t which navigat ional a id cont r ibut ions sha ll be paid; and

(d ) the refund of naviga t iona l a id cont r ibut ions; and

(e) the exempt ion of pa r t icu la r sh ips or of pa r t icu la r classes of sh ips from

the requirements rela t ing to payment of navigat ional a id cont r ibut ions;

and

(f)398

a determina t ion by the Author ity tha t a pa r t icu la r fish ing vessel or

pa r t icu la r classes of fish ing vessel a re exempt from the requirements

rela t ing to payment of naviga t iona l a id cont r ibut ions; and

(g)399

the returns to be made and the informat ion to be supplied to the

Author ity by the owner of an a id.

(h )400

the pa r t icu la rs of the fines to be paid under Sect ions 182, 184(1), 184(5),

187, 189, 191(1) and 191(2).

394









– 93 –

P ART VIII. – P ILOTAGE.

Div ision 1.

P i lot a ge Ar ea s a n d P i lot a ge Au th or i t ies.

196. P ILOTAGE AREAS.

401The Author ity may, by not ice in the Na t iona l Gazet te, decla re a por t or place

to be a pilotage a rea .

197. AP P OINTMENT OF P ILOTAGE AUTHORITIES.

402The Author ity may, by not ice in the Na t iona l Gazet te, appoin t a person to be

a pilotage au thor ity in respect of a pa r t icu la r pilotage a rea .

198. P ILOTAGE AUTHORITIES .

(1) There sha ll be a pilotage au thor ity in respect of each pilotage a rea .

(2) The pilotage au thor ity in respect of a par t icu la r pilotage a rea is–

(a) where a person is appoin ted under Sect ion 197–tha t person; and

(b)403

where no person is appoin ted under Sect ion 197–the Author ity.

Div ision 2.

Com p u lsor y P i lot a ge.

199. INTERP RETATION OF DIVISION 2.

In th is Division, unless the cont ra ry in ten t ion appears–

“exem pt sh ip”, in rela t ion to a pa r t icu la r pilotage a rea , means a sh ip tha t , in

respect of tha t a rea , is prescr ibed as an exempt sh ip by a regula t ion

made under th is Par t ;

“sh ip”, in rela t ion to a pa r t icu la r pilotage a rea , means a sh ip other than an

exempt sh ip.

200. COMP ULSORY P ILOTAGE AREAS.

A pilotage au thor ity may, by not ice in the Na t ional Gazet te, decla re tha t , in

respect of the whole or a pa r t of a pa r t icu lar pilotage a rea , pilotage is compulsory.

201. SHIP S REQUIRED TO TAKE LICENS ED P ILOTS ON BOARD.

(1) Subject to Sect ion 203, before a sh ip en t ers a compulsory pilotage a rea , the

master of the sh ip must –

(a) present the sh ip a t the appropr ia te boarding ground; and

401





– 94 –

(b) receive on board a licensed pilot and such other persons and equipment

as the pilotage au thority may direct ; and

(c) receive such assistance as the licensed pilot may direct ; and

(d ) give the ship in pilotage charge of the licensed pilot .

(2) Where there is a cont ravent ion of th is sect ion , the owner and the master of

the sh ip in respect of which the cont ravent ion occurs a re each guilty of an offence.

Pena lty: 404


202. SHIP S REQUIRED TO HAVE LICENSED P ILOTS ON BOARD.

Subject to Sect ion 203, where a sh ip plies in , moves in (other than by warping)

or leaves a compulsory pilotage a rea without having a licensed pilot on board, the

owner and the master of the sh ip a re each guilty of an offence.

Pena lty: 405


203. LICENSED P ILOTS NOT REQUIRED IN CERTAIN

CIRCUMSTANCES.

Subject to Sect ion 204, where it is necessa ry, having regard to the sa fety of the

sh ip or of a person on board the sh ip, tha t the sh ip be immedia tely brought in to,

moved with in or t aken out of a compulsory pilotage a rea , a licensed pilot is not

required to be on board the sh ip.

204. SP ECIAL CIRCUMSTANCES WHERE P ILOTS ARE REQUIRED.

(1) Where a pilotage au thor ity is of the opin ion tha t there would otherwise be

some specia l r isk or danger with in a pa r t icu la r pilotage a rea , the pilotage au thor ity

may require the master of any sh ip, including an exempt sh ip, to take on board the

sh ip a pilot acceptable to the pilotage au thor ity.

(2) In forming an opin ion under Subsect ion (1) a pilotage au thor ity sha ll have

regard to–

(a) the condit ion of t he sh ip and it s equipment ; and

(b) the na ture and condit ion of any ca rgo ca rr ied on the sh ip; and

(c) the existence of any nuclea r power source on the sh ip; and

(d ) the circumstances of, and the condit ions with in , a pa r t icu la r pilotage

a rea .

(3) Where the master of a sh ip refuses, or fa ils without reasonable cause, to

comply with a requirement made under Subsect ion (1), the owner and the master of

the sh ip a re each guilty of an offence.

Pena lty: 406


404




– 95 –

Div ision 3.

P i lot a ge Licen ces a n d P i lot a ge Exem p t ion Cer t i fica t es.

205. NUMBER OF P ILOTAGE LICENCES.

The Minister may, by not ice in the Na t ional Gazet te, determine the maximum

number of pilotage licences tha t may be issued in respect of a pa r t icu la r pilotage

a rea .

206. P ILOTAGE LICENCES AND P ILOTAGE EXEMP TION

CERTIFICATES.

(1) Subject to Sect ion 205, a pilotage au thority may in the prescr ibed manner –

(a) issue a pilotage licence or a pilotage exempt ion cer t ifica te to a person;

and

(b) renew a pilotage licence or a pilotage exem pt ion cer t ifica te; and

(c) suspend or cancel a pilotage exempt ion cer t ifica te.

(2) The issue and renewal of a pilotage licence or a pilotage exempt ion

cer t ifica te under th is sect ion sha ll be subject to such condit ions (if any) as the

pilotage au thor ity th inks fit and endorses on the licence or cer t ifica te.

(3) A pilotage licence or a pilotage exempt ion cer t ifica te issued or r enewed

under th is sect ion is va lid only within the pilotage a rea in respect of which it is

issued.

207. SUSP ENSION OF P ILOTAGE LICENCE.

(1) Where, in the opinion of a pilotage au thor ity, a licensed pilot –

(a) is unfit to discharge his dut ies because of–

(i) incompetence; or

(ii) misconduct ; or

(iii) any other reason; or

(b) has been ser iously negligent in the discharge of h is dut ies,

the pilotage au thor ity may cause an inquiry to be held.

(2) Where a pilotage au thor ity causes an inquiry to be held under Subsect ion

(1), it may, if it thinks fit , suspend the pilotage licence of the licensed pilot in rela t ion

to whom the inquiry is to be held pending the outcome of the inquiry.

(3) Where a pilotage licence is suspended under th is sect ion , the pilotage

au thor ity may direct the licensed pilot to deliver up h is pilotage licence to it .

(4) A person who refuses, or fa ils without reasonable cause, to comply with a


406



– 96 –

Pena lty: 407


208. INQUIRY INTO INCOMP ETENCE, ETC.

(1)408

409

The Author ity may, for the purposes of an inquiry under Sect ion 207,

nomina te a person to hold the inquiry.

(2) Where a pilotage au thor ity has caused an inquiry to be held under Sect ion

207, the person holding the inquiry may, for the purpose of the inquiry–

(a) go on board a sh ip; and

(b) en ter on any wharf or insta lla t ion with in a pilotage a rea ; and

(c) require any person to answer quest ions rela t ing to the subject of the

inquiry; and

(d ) require the product ion to h im of any document or cer t ifica te tha t , in h is

opin ion , is relevant to the inquiry.

(3) A person holding an inquiry sha ll make a repor t on the inquiry to the

pilotage au thor ity.

(4) Where, a fter receiving a repor t under Subsect ion (3), a pilotage au thor ity is

sa t isfied as to any of the mat ters refer red to in Sect ion 207(1)(a) or (b), the pilotage

au thor ity may–

(a) for such per iod as it th inks fit , suspend; or

(b) cancel,

the pilotage licence of the licensed pilot in respect of whom the inquiry was held.

(5) Where, under th is sect ion , a pilotage licence is–

(a) suspended for a per iod exceeding six months; or

(b) cancelled,

the holder of the licence may, with in 30 days a fter the da te of the suspension or

cancella t ion, appea l to the Na t ional Cour t and the Na t ional Cour t sha ll make such

order as the just ice of the case requires.

(6) A person holding an inquiry may be assisted by one or more assessors

nomina ted by the person holding the inquiry.

407





– 97 –

Div ision 4.

Licen sed P i lot s a n d Exem p t P i lot s.

209. P RODUCTION OF P ILOTAGE LICENCE.

(1) Where a licensed pilot goes on board a sh ip for the purpose of act ing as

pilot of the sh ip, the master of the sh ip may require the licensed pilot to produce h is

pilotage licence for inspect ion .

(2) A licensed pilot who refuses, or fa ils without reasonable cause, to comply

with a requirement made under Subsect ion (1) is guilty of an offence.

Pena lty: 410


210. UNQUALIFIED P ERSONS NOT TO ACT AS LICENS ED P ILOTS OR

EXEMP T P ILOTS.

A person who is not a licensed pilot or an exempt pilot and who–

(a) holds h imself out to be a licensed pilot or an exempt pilot a s t he case

may be; or

(b) pilot s a sh ip in respect of which a licensed pilot is required to be on

board,


Pena lty: 411


211. MISCONDUCT BY LICENS ED P ILOTS.

(1) This sect ion applies where a licensed pilot –

(a) does any act which causes, or is likely to cause–

(i) the loss or dest ruct ion of or ser ious damage to; or

(ii) the dea th of, or ser ious in jury to, a person on board,

a sh ip; or

(b) fa ils to do anyth ing required to be done by him to preserve–

(i) a sh ip from loss, dest ruct ion or ser ious damage; or

(ii) any person on board a sh ip from dea th or ser ious in jury.

(2) Where the act , or the fa ilure to act , refer red to in Subsect ion (1)–

(a) is delibera te; or

(b) amounts to a wilfu l breach or neglect of du ty; or

(c) occurs when the licensed pilot is under the influence of a lcohol or a

drug,

410




– 98 –

the licensed pilot is gu ilty of an offence.

Pena lty: 412


212. DEFENCE IF DRUG TAKEN FOR MEDICAL P URP OS ES.

It is a defence to a charge of an offence under Sect ion 211 if the licensed pilot

charged proves tha t –

(a) a t the t ime of the a lleged act , or fa ilure to act , he was under the

influence of a drug taken by h im for medica l purposes; and

(b) either–

(i) he took the drug on medica l advice and complied with any

direct ion given as pa r t of tha t advice; or

(ii) he had no reason to believe tha t the drug might have the

influence it did.

213. LICENSED P ILOT NOT CIVILLY LIABLE.

A licensed pilot is not persona lly liable in any civil proceedings for any damage

done by h im, or for any loss suffered as a resu lt of any act done by h im, or of any

fa ilure to do anyth ing required to be done by h im, while act ing as a licensed pilot .

Div ision 5.

Miscel la n eou s.

214. P RESENCE OF LICENSED P ILOT DOES NOT DIMIN ISH

RESP ONSIBILITY OF MASTER.

(1) Subject to the au thor ity of the master of a sh ip, the duty of a licensed pilot

is to pilot the sh ip.

(2) The master of a sh ip is not relieved, by reason of the sh ip being in pilotage

charge of a licensed pilot , of his responsibility for the conduct and naviga t ion of the

sh ip.

215. OWNER AND MASTER LIABLE FOR DAMAGE.

The owner and the master of a sh ip a re join t ly and severa lly liable for any loss

or damage caused by the sh ip, or a s a resu lt of any fau lt in the naviga t ion of the sh ip,

notwithstanding tha t a licensed pilot was required to be on board the sh ip a t the t ime

tha t the loss or damage was caused.

216. P ILOTAGE AUTHORITY N OT LIABLE FOR LOSS OR DAMAGE.

A pilotage au thor ity is not liable in any civil proceedings for –

(a) any damage done by; or

(b) any loss suffered as a resu lt of–

412



– 99 –

(i) any act done by; or

(ii) any fa ilure to do anyth ing required to be done by,

a licensed pilot licensed by it while the licensed pilot is act ing as a pilot of a sh ip.

217. P ILOTAGE SERVICES.

A pilotage au thor ity–

(a) sha ll, where pilotage is compulsory; and

(b) may, where pilotage is not compulsory,

provide pilotage services.

218. P ILOTAGE DUES AND CHARGES FOR P ILOTAGE S ERVICES.

(1) P ilotage dues, and charges for pilotage services, in respect of a sh ip sha ll be

payable by the owner or master of the sh ip to the pilotage au thority.

(2) A pilotage au thor ity may, by not ice in the Na t iona l Gazet te, fix the sca le of

dues and charges for pilotage services payable under Subsect ion (1).

(3) In fixing a sca le of dues and charges for pilotage services u nder Subsect ion

(2), a pilotage au thor ity sha ll have par t icu la r regard to–

(a) the circumstances of; and

(b) the cost of providing pilotage services within ,

the pilotage a rea in respect of which the sca le is to be fixed.

219. FEES FOR P ILOTAGE LICENCES AND P ILOTAGE EXEMP TION

CERTIFICATES.

Fees payable in respect of the issue and renewal of pilotage licences and

pilotage exempt ion cer t ifica tes a re as prescr ibed.

220. REGULATIONS FOR P ILOTAGE.

413The regula t ions may make provision , not inconsisten t with th is Par t , for and

in rela t ion to–

(a) the sh ips or classes of sh ip tha t a re exempt for the pu rposes of Division

2; and

(b) the measures necessa ry to facilit a te the boarding of sh ips by pilots; and

(c)414

the determina t ion by the Author ity of boarding grounds; an d

(d ) the manner of applica t ion for the issue or r enewal of pilotage licenses or

pilotage exempt ion cer t ifica tes; and

413




– 100 –

(e) the manner of suspension or cancella t ion of a pilotage exempt ion

cer t ifica te; and

(f) the determina t ion by a pilotage au thor ity of the qua lifica t ions required

to be held by, and the standards required to be a t ta ined by, applicants

for the issue or renewal of pilotage licences or pilotage exempt ion


(g) the issue or renewal of pilotage licences or pilotage exempt ion


(h ) the form of pilotage licences or pilotage exempt ion cer t ifica tes; and

(i) the main tenance of efficiency of licensed pilot s and of holders of pilotage

exempt ion cer t ifica tes; and

(j) the manner of payment of pilotage dues and charges for pi lotage

services; and

(k )415

the determina t ion by the Author ity, a fter consulta t ion with a pilotage

au thor ity, of the fees payable to the pilotage au thor ity in respect of the

issue or renewal of pilotage licences or pilotage exempt ion cer t ifica tes.

(l)416

the pa r t icu la rs of the fines to be pa id under Sect ions 201, 202, 204, 207,

209, 210 and 211.

415




– 101 –

P ART IX. – COASTING TRADE.

Div ision 1.

P r el im in a r y.

221. AP P LICATION OF P ART IX.

This Par t , un less the cont ra ry in ten t ion appears, does not apply to or in

rela t ion to a sh ip tha t is–

(a) in the opin ion of the Regist ra r , of t radit iona l build; or

(b) less than 10 m in length ; or

(c) a pleasure cra ft .

Div ision 2.

Coa st in g Tr a d e Licen ces.

222. COASTING TRADE LICEN CES.

The Minister may, subject to such condit ions (if any) as he th inks fit , grant to

a person a licence to engage a sh ip in the coast ing t rade.

223. CATEGORIES OF COASTING TRADE LICENCES.

(1) A licence granted under Sect ion 222 sha ll be–

(a) a genera l ca tegory licence; or

(b) a specia l ca tegory licence.

(2) A genera l ca tegory licence en t it les the holder of the licence to engage the

sh ip in respect of which the licence is granted in the coast ing t rade.

(3) A specia l ca tegory licence en t it les the holder of the licence to engage the

sh ip in respect of which the licence is granted in the coast ing t rade in the sh ipping

service specified in the licence.

224. REQUIREMENT TO HOLD COASTING TRADE LICEN CES.

(1) In th is sect ion , “ow n er”, in rela t ion to a sh ip, includes, where the sh ip is

opera ted by a person other than the owner , tha t person .

(2) Subject to Sect ion 225, where–

(a) a sh ip engages in the coast ing t rade; and

(b) an appropr ia te coast ing t rade licence is not held in respect of the sh ip,

the master and the owner of the sh ip a re each guilty of an offence.

Pena lty: 417




417



– 102 –

225. EXEMP TION FROM REQUIREMENT TO HOLD COASTING TRADE

LICENCE.

The Minister may, by not ice in the Na t iona l Gazet te, decla re tha t Sect ion 224

does not apply–

(a) in rela t ion to the provision of a pa r t icu la r sh ipping service; or

(b) for the per iod specified in the not ice in rela t ion to–

(i) a pa r t icu la r sh ip or a pa r t icu la r class of sh ip; or

(ii) t rading or going between a pa r t icu la r por t or place and another

pa r t icu la r por t or place.

226. LIMITATION ON GRANT OF LICENCES.

(1) In th is sect ion , “ch arterer”, in rela t ion to a sh ip, means any person who

by vir tue of a char ter or other agreement has responsibility for the management ,

opera t ion and naviga t ion of the sh ip as if he were the owner of the sh ip.

(2) Subject to Subsect ion (4), a coast ing t rade licence in respect of a sh ip tha t is

registered under th is Act may only be granted to–

(a) the owner of the sh ip; or

(b) a qua lified person who is either by h imself or with other per sons each of

whom is a qualified person , the char terer of the sh ip.

(3) Subject to Subsect ion (4), a coast ing t rade licence in respect of a sh ip tha t is

not registered under th is Act may only be granted to a qua lified per son who, either

by h imself or with other per sons each of whom is a qua lified person , is the owner or

char terer of the sh ip.

(4) Where, in respect of a pa r t icu la r sh ipping service, the Minister is sa t isfied

tha t no per son refer red to in Subsect ion (2) or (3) is able to offer an efficien t and

adequa te service, he may grant a coast ing t rade licence to any person who, in h is

opin ion , is able to do so.

227. DURATION OF LICENCES .

(1) Subject to th is sect ion , the Minister may determine the per iod for which a

coast ing t rade licence is granted to a person in respect of a sh ip.

(2) In making a determina t ion under Subsect ion (1) the Minister sha ll have

regard to–

(a) the age, size and condit ion of the sh ip; and

(b) whether or not the person seeking the grant of the licence is the owner

of the sh ip; and

(c) the su itability of the sh ip for the t rade or service.

418



– 103 –

(3) Where a genera l ca tegory licence is granted to a person refer red to in –

(a) Sect ion 226(2), the licence sha ll be granted for a per iod not exceeding

eight years; and

(b) Sect ion 226(3), the licence sha ll be granted for a per iod not exceeding

five years; and

(c) Sect ion 226(4), the licence sha ll be granted for a per iod not exceeding

two years.

(4) A specia l ca tegory licence sha ll be granted for a per iod not exceeding 12

months.

228. DELIVERY UP OF LICENCES IN CERTAIN CIRCUMSTANCES.

(1) Where–

(a) a coast ing t rade licence is granted to a qua lified person; and

(b) tha t person ceases to be a qua lified person ,

he must , with in seven days of ceasing to be a qua lified person , deliver up h is licence

to the Minister .

(2) A person who refuses, or without reasonable cause fa ils, to deliver up a

licence under Subsect ion (1) is guilty of an offence.

Pena lty: 419


229. CANCELLATION OR VARIATION OF LICENCES.

(1) Where, in the opin ion of the Minister , it is necessa ry or desirable in the

public in terest to do so, the Minister sha ll–

(a) cancel a coast ing t rade licence; or

(b) subject to Sect ion 227, va ry any condit ion under which a coast ing t rade

licence is issued.

(2) Where–

(a) a coast ing t rade licence is granted to a person in respect of a sh ip

registered under th is Act ; and

(b) the sh ip ceases to be registered under th is Act ,

the Minister sha ll give effect to Sect ion 227 by a lter ing the per iod for which the

coast ing t rade licence is granted.

230. HOLDER TO OBSERVE CONDITIONS OF LICENCE.

(1) Where a coast ing t rade licence has been granted, or a coast ing t rade permit

has been issued, subject to any condit ion , and tha t condit ion is not observed, the

holder of the licence or permit is guilty of an offence.

419



– 104 –

Pena lty: 420


(2) Where–

(a) an offence is commit ted under Subsect ion (1); or

(b) in the case of a sh ip in respect of which a coast ing t rade licence has been

granted to a person –an offence is commit ted under Sect ion 224,

the Minister may cancel the coast ing t rade licence.

231. REQUIREMENT TO FURNISH INFORMATION.

(1) The Minister may require–

(a) the holder of a coast ing t rade licence or permit ; or

(b) an applicant for–

(i) the grant of a coast ing t rade licence; or

(ii) the issue of a coast ing t rade permit ,

to furn ish h im with informat ion about the sh ipping service in respect of which the

licence or permit is, or is about to be, granted or issued.

(2) The informat ion refer red to in Subsect ion (1) sha ll include de ta ils of–

(a) voyages made or to be made; and

(b) ca rgo ca rr ied or to be ca rr ied; and

(c) passengers ca r r ied or to be ca rr ied; and

(d ) sh ipping services performed or to be performed,

by the sh ip in respect of which the licence or permit is, or is about to be, granted or

issued and sha ll include–

(e) descr ipt ions of the opera t ions involved in ; and

(f) financia l mat ters connected with ,

the provision of the sh ipping services in respect of which the licence or permit is, or is

about to be, granted or issued.

(3) Where the Minister has reasonable cause to believe tha t a person has, in

respect of a sh ip, fa iled to comply with a requirement of th is Par t , he may, for the

purpose of acquir ing or ver ifying any informat ion required to be furn ished under th is

sect ion–

(a) go on board; and

(b) make a check on ca rgo or passengers ca r r ied on board; and

(c) examine any accounts, sh ipping documents, manifest s or other

documents rela t ing to,

420



– 105 –

the sh ip.

(4) A person who refuses, or fa ils without reasonable cause–

(a) to comply with a requirement made under Subsect ion (1); or

(b) to permit the Minister to do any of the act s refer red to in Subsect ion

(3)(a ), (b) or (c),


Pena lty: 421


(5)422

423

An officer of the Depar tment responsible for t ranspor t mat ters who,

other than in the performance of h is officia l du t ies–

(a) makes any record available; or

(b) divulges; or

(c) communica tes,

to any person any informat ion acquired by h im or furn ished to the Minister under

th is sect ion is guilty of an offence.

Pena lty: 424



Div ision 3.

Coa st in g Tr a d e P erm i t .

232. COASTING TRADE P ERMITS.

(1) Where, in the opinion of the Minister –

(a) no sh ip in respect of which an appr opr ia te coast ing t rade licence has

been granted is available to provide a pa r t icu la r sh ipping service; or

(b) a pa r t icu la r sh ipping service offered by a sh ip in respect of which an

appropr ia te coast ing t rade licence has been granted is inadequa te,

inefficien t or unreasonably cost ly and it is desirable in the public

in terest to do so,

the Minister may, subject to such condit ions (if any) as he th inks fit , issue a coast ing

t rade permit to the master of a sh ip.

(2) A permit issued under Subsect ion (1) sha ll be in respect of–

(a) a pa r t icu la r sh ip; and

(b) the provision of specified sh ipping services by tha t sh ip.

421






– 106 –

233. EFFECT OF ISSUE OF COASTING TRADE P ERMIT.

A ship in respect of which a permit is issued under Sect ion 232 sha ll not be

deemed to be engaged in th e coast ing t rade solely by reason of the fact tha t the sh ip

is engaged in the provision of those sh ipping services specified in the permit .

Div ision 4.

Coa st in g Tr a d e Com m it t ee.

234. COASTING TRADE COMMITTEE.

The Coast ing Trade Commit tee is hereby established.

235. MEMBERSHIP OF COASTING TRADE COMMITTEE.

(1) The Coast ing Trade Commit tee shall consist of–

(a)425

an officer of the Depa r tment responsible for t ranspor t mat ters who sha ll

be the Cha irman of the Commit tee; and

(b) two members to represent the in terest s of sh ippers or producers of goods

customar ily ca rr ied in sh ips engaged in the coast ing t rade; and

(c) one member to represent consumers of goods customar ily ca rr ied in

sh ips engaged in the coast ing t rade; and

(d ) th ree members to represent the holders of coast ing t rade licences.

(2) The members of t he Coast ing Trade Commit tee sha ll be appoin ted by the

Minister by not ice in the Na t iona l Gazet te.

236. COASTING TRADE COMMITTEE TO BE COMMITTEE OF ADVICE

FOR CERTAIN P URP OSES .

The Coast ing Trade Commit t ee is deemed to be a Commit tee of Advice for the

purposes of–

(a) the conduct of it s meet ings; and

(b) the payment of fees, expenses and a llowances to it s members.

237. FUNCTIONS OF COASTIN G TRADE COMMITTEE.

The Coast ing Trade Commit tee may–

(a) advise the Minister on any mat ter rela t ing to the coast ing t rade; and

(b) repor t to the Minister on any proposed regula t ion rela t ing to the

coast ing t rade,

and sha ll within 60 days of being requested by the Minister to do so, recommend a

ra te tha t it considers to be the maximum ra te tha t should be charged for a pa r t icu la r

sh ipping service.

425



– 107 –

238. P UBLICATION OF RECOMMENDED RATES.

(1) Subject to Subsect ion (2), where the Coast ing Trade Commit tee makes a

recommenda t ion under Sect ion 237, the Minister sha ll cause the recommenda t ion to

be published in the prescr ibed manner .

(2) At any t ime pr ior to publica t ion under Subsect ion (1), the Coast ing Trade

Commit tee may by writ ten not ice to the Minister withdraw a recommenda t ion made

under Sect ion 237.

Div ision 5.

Ma xim u m R a t es for S h ip p in g S erv ices.

239. INVESTIGATION OF RATES FOR SHIP P ING SERVICES.

(1) In th is sect ion “recom m en ded” means recommended to the Minister

under Sect ion 237.

(2) Where the Minister is of the opin ion that –

(a) the recommended ra t es for sh ipping services a re not a t a s low a level as

is commercia lly viable; or

(b) the ra tes being charged for sh ipping services provided by a par t icu la r

sh ip, or by sh ips within a pa r t icu la r class of sh ip–

(i) a re too h igh; or

(ii) consisten t ly exceed the recommended ra tes; or

(c) it is in the public in terest to do so,

he sha ll cause the recommended ra tes, or the ra tes being charged, a s the case may

be, to be invest iga ted.

240. MINISTER MAY FIX MAXIMUM RATES FOR SHIP P ING SERVICES.

(1) The Minister may, a fter he has caused an invest iga t ion to be ca rr ied out

under Sect ion 239(2), by not ice in the Na t iona l Gazet te, fix a maximum ra te for a

pa r t icu la r sh ipping service.

(2) In fixing a maximum ra te under Subsect ion (1), the Minister sha ll have

regard to any advice given to h im by the Coast ing Trade Commit tee under Sect ion

237.

241. RATES NOT TO EXCEED MAXIMUM RATES FOR SHIP P ING

SERVICES.

A person who, in respect of the provision of a pa r t icu la r sh ipping service,

charges a ra te exceeding the maximum ra te fixed under Sect ion 240(1) is gu ilty of an

offence.


– 108 –

Pena lty: 426




Div ision 6.

Gen era l .

242. LICENCE AND P ERMIT F EES.

The holder of–

(a) a coast ing t rade licence sha ll, on the grant of the licence and on the

expiry of each subsequent per iod of 12 months; and

(b) a coast ing t rade permit sha ll, on the issue of the permit ,

pay such fees as a re prescr ibed.

243428

. [R EP EALED .]

244. REGULATIONS FOR COAS TING TRADE.

429The regula t ions may provide, not inconsisten t with this Par t ,

(a) applica t ions for the grant of coast ing t rade licences; and

(b) the form of coast ing t rade licences; and

(c) the publica t ion of any recommended ra tes for the provision of sh ipping

services; and

(d ) applica t ions for the issue of coast ing t rade permits; and

(e) the form of coast ing t rade permits; and

(f) the submission and ver ifica t ion of informat ion rela ted to the opera t ion

of sh ips in respect of which coast ing t rade licences or coast ing t rade

permits have been granted or issued; and

(g) the determina t ion by the Minister of a reas classed as places; and

(h ) the fees payable in respect of the grant of a coast ing t rade licence or the

issue of a coast ing t rade permit .

(i) the pa r t icu la rs of t he fines to be pa id under Sect ions 224, 228,

230,231(4), 231(5) and 241.

426






– 109 –

P ART X. – LIABILITY OF SHIP OWN ERS AND OTHERS.

Div ision 1.

P r el im in a r y.

245. INTERP RETATION OF P ART X.

(1) In th is Par t–

“th e Cou rt” means the Na t iona l Cour t ;

“gold fran c” means a unit consist ing of 65.5 mg of gold of millesimal fineness

900;

“sh ip” includes–

(a) every descr ipt ion of ligh ter , ba rge or like vessel, however

propelled; and

(b) any st ructure launched and in tended for use in naviga t ion as a

sh ip or a pa r t of a sh ip; and

(c) a vessel belonging to the Defence Force.

(2) The Minister responsible for financia l mat ters may, from t ime to t ime, by

not ice in the Na t ional Gazet te, specify the amounts which , for the purposes of th is

Par t , a re to be taken as equiva lent to any specified number of gold francs.

(3) Where money has been pa id in to Cour t in respect of any liability to which a

limit is set by th is Par t , the ascer ta inment of tha t limit shall not be a ffected by a

subsequent va r ia t ion of the amounts specified under Subsect ion (2) unless the

amount so pa id was less than tha t limit a s ascer ta ined in accordance with the order

in force under tha t subsect ion .

(4) For the purposes of th is Par t –

(a) the tonnage–

(i) of a sh ip propelled by any mechanical power –sha ll be her net

registered tonnage with the addit ion of any engine-room space

deducted for the pu rposes of ascer ta in ing tha t tonnage; and

(ii) of a sa iling ship–sha ll be her net registered tonnage; and

(b) where a foreign sh ip–

(i) has been or can be measured according to th is Act , her tonnage

sha ll be tha t a scer ta ined by tha t measurement ; and

(ii)430

has not been , and cannot be, measured according to th is Act , the

Regist ra r sha ll, on receiving from or by the direct ion of the cour t

hea r ing the case in which the tonnage of the sh ip is in quest ion,

such evidence concern ing the dimensions of the sh ip as it may be

pract icable to furn ish , give a cer t ifica te under h is hand sta t ing

430



– 110 –

wha t would, in his opin ion , have been the tonnage of the ship if

she had been so measured, and the tonnage so sta ted sha ll be

deemed for the pu rposes of th is Par t to be the tonnage of the sh ip;

and

(c) the tonnage of a sh ip tha t is less than 300 tons sha ll be deemed to be

300 tons.

Div ision 2.

Exclu sion a n d Lim it a t ion of Lia bi l i t y.

246. LOSS OR DAMAGE FROM FIRE OR THEFT.

The owner of a sh ip registered in Papua New Guinea , or of any share in the

sh ip, sha ll not be liable to make good to any extent any loss or damage happening

without h is actua l fault or pr ivity in the following cases:–

(a) where any goods, merchandise, or other th ings taken in or put on board

h is sh ip a re lost or damaged by reason of fire on board the sh ip; or

(b) where any gold, silver , diamonds, wa tches, jewels, or precious stones

taken in or put on board h is sh ip, the t rue na ture and value of which

have not a t the t ime of sh ipment been decla red by the owner or sh ipper

to the owner or master of the sh ip in the bills of lading or otherwise in

writ ing, a re lost or damaged by reason of robbery, embezzlement ,

making away with , or secret ing them.

247. LIMITATION OF LIABILITY IN CERTAIN CASES .

(1) The owners of any sh ip sha ll not , where a ll or any of the following

occur rences take place without their actua l fau lt or pr ivity, tha t is to say:–

(a) where any loss of life or persona l in jury is caused to any person being

ca rr ied in the sh ip;

(b) where any damage or loss is caused to any goods, merchandise, or other

th ings on board the sh ip;

(c) where any loss of life or persona l in jury is caused to any person not

ca r r ied in the sh ip th rough the act or omission of any person , whether

on board the sh ip or n ot–

(i) in the naviga t ion or management of the sh ip; or

(ii) in the loading, ca r r iage or discharge of it s ca rgo; or

(iii) in the embarka t ion , ca r r iage or disembarka t ion of it s passengers,

or through any other act or omission of any person on

board the sh ip;

(d ) where any loss or damage is caused to any proper ty, other t han any

proper ty ment ioned in Paragraph (b), or any r ights a re infr inged


– 111 –

th rough the act or omission of any person , whether on board the sh ip or

not–

(i) in the naviga t ion or management of the sh ip; or

(ii) in the loading, ca r r iage or discharge of it s ca rgo; or

(iii) in the embarka t ion , ca r r iage or disembarka t ion of it s passengers,

or through any other act or omission of any person on

board the sh ip,

be liable to damages beyond the following amounts:–

(e) in respect of loss of life or persona l in jury, a lone or together with such

loss, damage or infr ingement refer red to in Paragraphs (b) and (d)–an

aggrega te amount not exceeding an amount equivalent to 3,100 gold

francs for each ton of their sh ip’s tonnage;

(f) in respect of such loss, damage or infr ingement refer red to in

Paragraphs (b) and (d), whether or not there be in addit ion loss of life or

persona l in jury–an aggregate amount not exceeding an amount

equivalent to 1,000 gold francs for each ton of their sh ip’s tonnage.

(2) (2)The limit s set by th is sect ion to the liabilit ies ment ioned in it sha ll

apply–

(a) to the aggrega te of such liabilit ies which a re incurred on any dist inct

occasion; and

(b) in respect of each dist inct occasion wit hout regard to any liability

incurred on another occasion .

(3) The applica t ion of th is sect ion to any liability sha ll not be excluded by

reason only tha t the occurrence giving r ise to the liability was not due to the

negligence of any person .

(4) This sect ion does not apply to any liability in respect of–

(a) loss of life or persona l in jury caused to; or

(b) loss of or damage to any proper ty or infr ingement of any r ight of,

a person who is on board or employed in connect ion with the sh ip under a cont ract of

service with a ll or any of the persons whose liabilit ies a re limited by th is sect ion , if

tha t cont ract is governed by the law of any foreign count ry and tha t law –

(c) does not set any limit to tha t liability; or

(d ) set s a limit exceeding tha t set by th is sect ion .

248. P OWER OF COURT TO CONSOLIDATE CLAIMS.

Where any liability is a lleged to have been incurred by the owner of a sh ip in

respect of any occurrence in respect of which h is liability is limited under Sect ion


– 112 –

247, and severa l cla ims a re made or apprehended in respect of tha t liability, the

Cour t may, on the applica t ion of the owner –

(a) determine the amount of h is liability; and

(b) dist r ibute tha t amount ra teably among the severa l cla imants; and

(c) stay any proceedings pending in any other cour t in rela t ion to the same

mat ter ; and

(d ) proceed in such manner and subject to such regula t ions as the Cour t

th inks just a s to–

(i) making persons in terested par t ies to the proceedings; and

(ii) excluding any cla imants who do not come in with in a cer t a in

t ime; and

(iii) requir ing secur ity from the owner ; and

(iv) payment of any cost s.

249. EXTENSION TO OTHER P ERSONS OF P ROVISIONS AP P LYING TO

SHIP OWNERS.

(1) The persons whose liability in connect ion with a sh ip is excluded or limited

by th is Division sh all include any char terer and any person in terested in or in

possession of the sh ip, and, in pa r t icu la r , any manager or opera tor of the sh ip.

(2) In rela t ion to a cla im a r ising from the act or omission of any person in h is

capacity as a crewman of a sh ip or , otherwise than in tha t capacity, in the course of

h is employment as a servant of the owners or of any such person refer red to in

Subsect ion (1)–

(a) the persons whose liability is excluded or limited under Subsect ion (1)

sha ll a lso include the crewman or servant and, in a case where the

crewman is the servant of a person whose liability would not be

excluded or limited apar t from th is pa ragraph, the person whose

servant he is; and

(b) the liability of the crewman or servant himself sha ll be so excluded or

limited notwithstanding h is actua l fault or pr ivity in tha t capacity,

except in the cases refer red to in Sect ion 246(b).

250. RELEASE OF SHIP ON GIVING SECURITY.

(1) In th is sect ion–

“Con ven tion cou ntry” means any count ry in respect of which the

In terna t ional Convent ion rela t ing to the Limita t ion of the Liability of

Owners of Seagoing Ships done a t Brussels on 10 October 1957 is in

force (including any count ry to which the Convent ion extends by vir tue

of Art icle 14 of the Convent ion);

“gu aran tee” means secur ity tha t , in the opin ion of the Cour t , is sa t isfactory;


– 113 –

“re levan t port”–

(a) in rela t ion to any cla im, means tha t por t where the event giving

r ise to the cla im occurred or , if tha t event did not occur in a por t

the first por t of ca ll a fter the event occurred; and

(b) in rela t ion to a cla im for loss of life or persona l in jury or for

damage to ca rgo, includes the por t of disembarka t ion or

discharge.

(2) Where–

(a) a sh ip or other proper ty is a r rested in connect ion with a cla im that

appears to the Cour t to be founded on a liability to which a limit is set

by Sect ion 247; or

(b) secur ity is given to prevent or obta in release from such an a r rest ,

the Cour t may, and in the circumstances ment ioned in Subsect ion (4) sha ll, order the

release of the sh ip, proper ty or secur ity, if the condit ions specified in Subsect ion (3)

a re sa t isfied, but where the release is ordered the person on whose applica t ion it is

ordered sha ll be deemed to have submit ted to the jur isdict ion of the Cour t to

adjudica te on the cla im.

(3) The condit ions refer red to in Subsect ion (2) a re–

(a) tha t a guarantee has previously been given , whether in Papua New

Guinea or elsewhere, in respect of the liability or any other liability

incurred on the same occasion , and the Cour t is sa t isfied th a t , if the

cla im is established, the amount for which the guarantee was given or

such par t of it a s corresponds to the cla im will be actually available to

the cla imant ; and

(b) tha t either the guarantee is for an amount not less than the limit or

fur ther secur ity is given tha t , together with the guarantee, is for an

amount not less than tha t limit .

(4) The circumstances refer red to in Subsect ion (2) a re tha t the guarantee was

given in a por t tha t , in rela t ion to the cla im, is the relevant por t (or , a s the case may

be, a relevant por t ) and tha t tha t por t is in a Convent ion count ry.

(5) For the purposes of th is sect ion –

(a) a guarantee given by the giving of secur ity in more than one count ry

sha ll be deemed to have been given in the count ry in which secur ity w as

la st given; and

(b) any quest ion whether the amount of any secur ity is (either by it self or

together with any other amount ) not less than any limit set by Sect ion

247 shall be decided as a t the t ime a t which the secur ity is given; and

(c) where pa r t on ly of the amount for which a guarantee was given will be

available to a cla imant tha t pa r t shall not be taken to correspond to h is


– 114 –

cla im if any other pa r t may be ava ilable to a cla imant in respect of a

liability to which no limit is set in Subsect ion (2).

(6) Where the Minister , by not ice in the Na t iona l Gazet te, decla res tha t any

count ry specified in t he not ice is a Convent ion count ry with in the meaning of th is

sect ion , the not ice sha ll, while in force, be conclusive evidence tha t the count ry is a

Convent ion count ry.

251. RESTRICTIONS ON ENFORCEMENT AFTER GIVING OF SECURITY.

(1) No judgement or decree for a cla im founded on a liability to which a limit is

set by Sect ion 247 sha ll be enforced, except so fa r a s it is for cost s, where –

(a) secur ity for an amoun t not less than tha t limit has been given , whether

in Papua New Guinea or elsewhere, in respect of the liability or any

other liability incurred on the same occasion; and

(b) the Cour t is of the opin ion tha t the secur ity is sa t isfactory and is

sa t isfied tha t the amount for which it was given or such par t of it a s

corresponds to the cla im will actua lly be available to the person in

whose favour the judgement or decree was given or made.

(2) For the purposes of th is sect ion –

(a) any quest ion whether the amount of any secur ity is not less than any

limit set by Sect ion 247 sha ll be decided as a t the t ime when the

secur ity is given; and

(b) where pa r t on ly of the amount for which secur ity has been given will be

available to the person in whose favour the judgem ent or decree was

given or made, tha t pa r t sha ll not be taken to correspond to h is cla im if

any other pa r t may be available to a cla imant in respect of a liability to

which no limit is set in Subsect ion (1).

252. DISTRIBUTION OF LIMITATION FUND.

(1) In making any dist r ibut ion in accordance with Sect ion 248, the Cour t may,

if it th inks fit , postpone dist r ibut ion of such par t of the amount to be dist r ibuted as it

deems appropr ia te having regard to any cla ims that may la ter be established before

a cour t of any count ry outside Papua New Guinea .

(2) No lien or other r ight in respect of any sh ip or proper ty sha ll a ffect the

propor t ions in which , under Sect ion 248, any amount is dist r ibuted amongst severa l

cla imants.

253. P ART OWNERS TO ACCOU NT IN RESP ECT OF DAMAGES.

All sums pa id for or on account of any loss or damage, in respect of which the

liability of owners is limited under th is Par t and a ll cost s incurred in rela t ion to

them, may be brought in to account among par t owners of the same sh ip in the same

manner a s money disbursed for the use of t he sh ip.


– 115 –

254. INSURANCE OF CERTAIN RISKS NOT INVALID.

An insurance effected aga inst the happening, without the owner’s actua l fau lt

or pr ivity, of any or a ll of the events in r espect of which the liability of owners is

limited under th is Par t sha ll not be inva lid by reason of the na ture of the r isk.

255. SAVING FOR OCCURRENCES TAKING P LACE BEFORE

COMMENCEMENT.

This Par t does not apply in rela t ion to any liability a r ising from an occur rence

which took place before 24 J anu ary 1980.

256. LIMITATION OF LIABILITY OF A HARBOUR AUTHORITY.

(1) In th is sect ion , “a h arbou r or port au th ority” includes any person or

au thor ity having under the laws of Papua New Guinea cont rol and management of

any harbour or por t and of sh ips using th e same, as the case may be.

(2) Where, without the actua l fau lt or pr ivity of a ha rbour or por t au thor ity,

any loss or damage is caused to any sh ip or to any goods, merchandise or other th ings

on board any sh ip or sh ips, such author ity sha ll not be liable to damages beyond an

aggrega te amount not exceeding an amount equiva lent to 1,000 gold francs for each

ton of the tonnage of the la rgest sh ip tha t a t the t ime of such loss or damage

occur r ing, is, or with in the preceding five years has been , with in the a re a over which

such harbour or por t au thor ity performs any duty or exercises any power .

(3) For the purposes of th is sect ion , a sh ip sha ll not be taken to have been

with in the a rea over which a ha rbour or por t au thor ity performs any duty or

exercises any power by reason only tha t it has–

(a) been built or fit t ed out with in such a rea ; or

(b) t aken shelter with in or passed th rough such a rea on a voyage between

two places both situa ted outside tha t a rea ; or

(c) loaded or unloaded mails or passengers with in tha t a rea .

(4) This sect ion does not impose any liability in respect of any loss or damage

on any such owners or au thor ity in any case where no such liability exist s apar t from

th is Act .

(5) The limita t ion of liability under th is sect ion –

(a) sha ll rela te to the whole of any losses and damages which may a r ise on

any one dist inct occasion , a lthough such loss or damages may be

susta ined by more than one person; and

(b) sha ll apply whether the liability a r ises a t common law or under any Act ,

and notwithstanding a nyth ing conta ined in any Act .


– 116 –

Div ision 3.

Div i sion of Lia bi l i t y.

257. AP P LICATION OF DIVIS ION 3.

Division 3 applies to any persons, other than the owners, who are responsible

for the fau lt of the vessel, a s though “ow ners” includes such persons and a ll per sons

responsible for the navigat ion and management of the vessel pu rsuant to a char ter or

demise.

258. RULE AS TO DIVISION OF LIABILITY.

(1) In th is sect ion , “fre igh t” includes passage money and h ire, and reference

to damage or loss caused by the fau lt of a vessel includes a reference to any sa lvage

or other expenses, consequent on tha t fau lt , recoverable a t law by way of damages.

(2) Subject to Subsect ion (3) where, by the fau lt of two or more vessels, damage

or loss is caused to one or more of those vessels, to their ca rgoes or freight , or to any

proper ty on board, the liability to make good the damage or loss sha ll be in

propor t ion to the degree in which each vessel was in fau lt .

(3) Subsect ion (2) sha ll not apply if, having regard to a ll the circumstance s of

the case, it is not possible to establish different degrees of fau lt , and in such a case

the liability shall be appor t ioned equa lly.

(4) This sect ion sha ll not –

(a) opera te so as to render any vessel liable for loss or damage to which her

fau lt has not cont r ibuted; or

(b) a ffect the liability of any person under a cont ract of ca r r iage or any

cont ract ; or

(c) be const rued as imposing any liability on any person from which he is

exempted by any cont ract or by any law; or

(d ) be const rued as a ffect ing the r ight of any person to limit h is liability in

the manner provided by law.

259. DISTRIBUTION OF LOSS AND DAMAGES FOR P ERS ONAL

INJ URIES.

(1) Where loss of life or persona l in jury is suffered by any person on board a

vessel owing to the fau lt of tha t vessel and of any other vessel or vessels, the liability

of the owners of the vessels sha ll be join t and severa l.

(2) Subsect ion (1) sha ll not be const rued as depr iving any person of any r ight

of defence on which , independent ly of th is sect ion , he might have relied in any act ion

brought against h im by the person in jured or any person ent it led to sue in respect of

such loss of life, nor sha ll it a ffect the r ight of any person to limit h is liability in cases

to which th is sect ion rela tes in the manner provided by law.


– 117 –

260. RIGHT OF CONTRIBUTION.

(1) Subject to Subsect ion (2), where loss of life or persona l in jury is suffered by

any person on board a vessel owing to the fau lt of tha t vessel and any other vessel or

vessels, and a propor t ion of the damages is recovered aga inst the owners of one of the

vessels which exceeds the propor t ion in which she was in fau lt , those owners may

recover by way of con t r ibut ion the amount of the excess from the owners of the other

vessel or vessels to the extent to which those vessels were respect ively in fault .

(2) No amount sha ll be recovered under Subsect ion (1) which could not , by

reason of any sta tu tory or cont ractua l limita t ion of, or exempt ion from, liability, or

which could not for any other reason , have been recovered in the first instance as

damages by the persons en t it led to sue.

(3) In addit ion to any other remedy provided by law, the persons en t it led to

any such cont r ibut ion refer red to in Subsect ion (1) sha ll, for the pu rpose of

recover ing the same, have, subject to th is Act , the same r ights and powers as the

persons en t it led to sue for damages in the first instance.

s . 261 Merchant S hipping 9999

– 118 –

P ART XI.431

– . . . . . . . .

261 - 263432

. [R epealed .]

431

Part XI Repealed by No. 70 of 2006, s. 152. 432

Part XI Repealed by No. 70 of 2006, s. 152; Section 261 Repealed by No. 70 of 2006, s. 152; Section 262 Repealed

by No. 70 of 2006, s. 152; Section 263 Repealed by No. 70 of 2006, s. 152.

Merchant S hipping 9999 s . 263A.

– 119 –

P ART XIA.433

– WRECK AND SALVAGE.

Div ision 1.434

P r el im in a r y.

263A. INTERP RETATION OF P ART XIA.

435In th is Par t , un less the cont ra ry in ten t ion appears–

“salvage” includes a ll expenses proper ly incurred by a sa lvor in the

performance of the sa lvage services;

“tidal w ater” means any par t of the sea and any par t of a r iver with in the ebb

and flow of the t ide a t ordinary spr ing t ides, bu t does not include a

decla red por t with in the meaning of the Harbours Board Act 1963 ;

“vesse l” includes a sh ip or boa t and any other descr ipt ion of vessel used in

naviga t ion by water ;

“w reck” includes–

(a) jet sam, flot sam, lagan and derelict found on or near the coast or

in any t ida l wa ters; and

(b) any a r t icles or goods of any kind, cast a shore with in the ebb and

flow of the t ide, tha t belonged to or came from any vessel

wrecked, st randed or in dist ress or any por t ion of the hul l,

machinery or equipment of any such vessel.

263B. RESERVATION OF P OWERS OF CUSTOMS.

436This pa r t does not deroga te or in ter fere with the powers of the Comptroller

of Customs conferred by or under any other Act .

263C437

. [R EP EALED .]

263D. DELEGATION BY AUTHORITY.

438Subject to th is Act , the Author ity may, by inst rument , delega te to a person

a ll or any of it s powers and funct ions under th is Par t (except th is power of

delega t ion).

263E. INDEMNITY OF AUTHORITY.

439The Author ity or h is delega te is not liable for any damage or loss suffered as

a resu lt of –

433

Part XIA added by No. 12 of 1981. 434

Division XIA.1 added by No. 12 of 1981. 435

Section 263A added by No. 12 of 1981; Amended by No. 70 of 2006, s. 153. 436

Section 263B added by No. 12 of 1981. 437

Section 263C added by No. 12 of 1981; Repealed by No. 70 of 2006, s. 154. 438

Section 263D added by No. 12 of 1981; Substituted by No. 70 of 2006, s. 155. 439

Section 263E added by No. 12 of 1981; Substituted by No. 70 of 2006, s. 155.

s . 263F. Merchant S hipping 9999

– 120 –

(a) any act done; or

(b) a fa ilure to do anything required to be done,

by it or h im in ca rrying out it s or h is dut ies for the purpose of th is Act .

Div ision 2.440

Vessels in Dist r ess.

263F. DUTY OF AUTHORITY TO ASSIST VESSELS IN DISTRESS, ETC.

441(1)

442

443Where a vessel is wrecked, st randed or in dist ress on or near the coast

or in any t ida l wa ter , the Author ity shall, subject to Subsect ion (2), t ake such act ion

as it thinks necessa ry to assist in the preserva t ion of–

(a) the vessel; and

(b) the life of a person belonging to the vessel; and

(c) any wreck coming from the vessel.

(2)444

445

The Author ity sha ll not in ter fere between the master and the crew in

reference to the management of the vessel unless requested to do so by the master .

263G. P OWERS OF AUTHORITY.

446(1)

447

448For the purposes of Sect ion 263F(1), the Author ity may–

(a) requisit ion–

(i) the services of any person; and

(ii) the use of any vehicle, machinery or equipment tha t is available;

and

(iii) the services of any vessel; and

(b) en ter and pass, with or without other per sons and vehicles, machinery

and equipment over any land; and

(c) deposit wreck on any land.

(2) A person who–

(a) fa ils to comply with a requisit ion under Subsect ion (1); or

(b)449

obst ructs the Author ity in the exercise of any r ights or powers under

tha t subsect ion; or

440


Section 263F added by No. 12 of 1981. 442

Section 263F Subsection (1) amended by No. 70 of 2006, s. 156; Subsection (1) amended by No. 70 of 2006, s. 156. 443

Section 263F Subsection (1) amended by No. 70 of 2006, s. 156; Subsection (1) amended by No. 70 of 2006, s. 156. 444

Section 263F Subsection (2) amended by No. 70 of 2006, s. 156. 445

Section 263F Subsection (2) amended by No. 70 of 2006, s. 156. 446

Section 263G added by No. 12 of 1981. 447

Section 263G Subsection (1) amended by No. 70 of 2006, s. 157. 448

Section 263G Subsection (1) amended by No. 70 of 2006, s. 157.

Merchant S hipping 9999 s . 263H.

– 121 –

(c) prevents wreck from remaining on land unt il it can be removed to a sa fe

place,


Pena lty: 450


263H. COST OF ASSISTING VESSELS IN DISTRESS RECOVERABLE.

451Where the Author ity has, in rela t ion to a vessel tha t is wrecked, st randed or

in dist ress–

(a) made a requisit ion under Sect ion 263G; or

(b)452

caused damage to land as a resu lt of the exercise of it s powers under

tha t sect ion ,

the cost of the requisit ion or damage shall be a charge on –

(c) the vessel including its ca rgo and any proper ty on board; and

(d ) any wreck from the vessel,

a s if it were sa lvage.

263I. BOARDING WITHOUT AUTHORITY.

453(1)

454

455A person , other than the Author ity or a person act ing under it s

inst ruct ions, who, without the leave of the master , boards or a t tempts to board a

vessel tha t is wrecked, st randed or in dist ress is guilty of an offence.

Pena lty: 456


(2) A person a t tempt ing to boa rd a vessel in cont ravent ion of Subsect ion (1)

may be repelled by the master , using such force as is r easonable under the

circumstances.

263J . INTERFERING, ETC., WITH WRECK.

457A person who, in rela t ion to a vessel tha t is wrecked or st randed or in danger

of becoming wrecked or st randed, or is otherwise in dist ress –

(a) impedes or h inders or endeavours in any way to impede or h inder the

saving of the vessel or the life of a person belonging to the vessel or any

proper ty from it ; or

(b) plunders any vessel; or

449



Section 263H Amended by No. 70 of 2006, s. 158; added by No. 12 of 1981. 452

Section 263H Amended by No. 70 of 2006, s. 158. 453

Section 263I added by No. 12 of 1981. 454

Section 263I Subsection (1) amended by No. 70 of 2006, s. 159; Subsection (1) amended by No. 70 of 2006, s. 159. 455

Section 263I Subsection (1) amended by No. 70 of 2006, s. 159; Subsection (1) amended by No. 70 of 2006, s. 159. 456

Section 263I Subsection (1) amended by No. 70 of 2006, s. 159. 457

Section 263J added by No. 12 of 1981.

s . 263K. Merchant S hipping 9999

– 122 –

(c) secretes any wreck or defaces or oblitera tes any mark on it ; or

(d ) wrongfully removes or ca r r ies away any wreck,


Pena lty: 458



Div ision 3.459

Dea l in g w i th Wr eck .

263K. NOTICE OF WRECK TO B E GIVEN TO AUTHORITY.

460(1)

461

462A person , including the owner of wreck, who–

(a) finds or t akes possession of any wreck with in the jur isdict ion of the

count ry; or

(b) having found or taken possession of any wreck outside the jur isdict ion

br ings the wreck in to the jur isdict ion ,

must not ify the Author ity in the prescr ibed manner of the finding or br inging it

with in the jur isdict ion .

(2) A person who fa ils or refuses without reasonable cause (proof of which is on

h im) to give the not ice required under Subsect ion (1) is guilty of an offence.

Pena lty: 463


263L. AUTHORITY MAY TAKE P OSSESSION OF WRECK.

464(1)

465

466The Author ity may–

(a) t ake possession of any wreck with in the jur isdict ion of the count ry; or

(b) by writ ten not ice require a person to deliver up to h im any wreck.

(2) A person who fa ils or refuses without reasonable cause (proof of which is on

h im) to comply with a not ice under Subsect ion (1) is guilty of an offence.

Pena lty: 467


458

Section 263J Amended by No. 70 of 2006, s. 160. 459


Section 263K added by No. 12 of 1981. 461

Section 263K Subsection (1) amended by No. 70 of 2006, s. 161. 462



Section 263L added by No. 12 of 1981. 465

Section 263L Subsection (1) amended by No. 70 of 2006, s. 162. 466

Section 263L Subsection (1) amended by No. 70 of 2006, s. 162. 467

Section 263L Subsection (2) amended by No. 70 of 2006, s. 162.

Merchant S hipping 9999 s . 263M.

– 123 –

263M. AUTHORITY TO GIVE NOTICE OF WRECK.

468Where the Author ity takes possession of any wreck it sha ll give not ice with in

the t ime and in the manner prescr ibed.

263N. DEALING WITH WRECK.

469(1)

470

471Subject to th is Par t , where any wreck is in the possession of the

Author ity, and a person sa t isfies the Author ity tha t he is the owner of the wreck, the

Author ity sha ll dea l with the wreck in the prescr ibed manner .

(2)472

473

Where wreck has been in the possession of the Author ity for a per iod of

12 months and no cla im to ownership of the wreck has been proved to the sa t isfact ion

of the Author ity, it may sell or dispose of the wreck in the prescr ibed manner and

keep the proceeds (if any).

(3)474

475

For the purposes of Subsect ion (1) or (2), in the absence of the owner or

an agent appoin ted by it , where–

(a) any wreck tha t , immedia tely before becoming wreck was not ca rgo, is

from a foreign vessel–the diplomat ic representa t ive of the count ry to

which the vessel belongs; and

(b) any wreck from a foreign vessel tha t immedia tely before becoming

wreck was ca rgo owned by a person who was, a t the t ime, a cit izen of

another count ry–the diplomat ic representa t ive of the count ry of which

the person was a cit izen ,

is deemed to be the agent of the owner .

263O. DISCHARGE FROM LIABILITY OF AUTHORITY.

476(1)

477

478Where, in respect of wreck tha t comes in to h is possession , the

Author ity has complied with this Division , it is discharged from liability in respect of

tha t wreck.

(2)479

480

The discharge of liability of the Author ity under Subsect ion (1) sha ll not

prejudice or a ffect any quest ion tha t may be ra ised by third pa r t ies concern ing the

r ight or t it le to any wreck.

468

Section 263M Amended by No. 70 of 2006, s. 163; added by No. 12 of 1981. 469

Section 263N added by No. 12 of 1981. 470

Section 263N Subsection (1) amended by No. 70 of 2006, s. 164. 471


Section 263N Subsection (2) amended by No. 70 of 2006, s. 164; Subsection (2) amended by No. 70 of 2006, s. 164;

Subsection (2) amended by No. 70 of 2006, s. 164. 473

Section 263N Subsection (2) amended by No. 70 of 2006, s. 164; Subsection (2) amended by No. 70 of 2006, s. 164;

Subsection (2) amended by No. 70 of 2006, s. 164. 474



Section 263O added by No. 12 of 1981. 477

Section 263O Subsection (1) amended by No. 70 of 2006, s. 165; Subsection (1) amended by No. 70 of 2006, s. 165. 478

Section 263O Subsection (1) amended by No. 70 of 2006, s. 165; Subsection (1) amended by No. 70 of 2006, s. 165. 479

Section 263O Subsection (2) amended by No. 70 of 2006, s. 165.

s . 263P . Merchant S hipping 9999

– 124 –

263P . DISP UTE AS TO TITLE TO WRECK.

481Where a dispute a r ises as to the t it le to any wreck, it may be determined as

if it were a dispute as to sa lvage under Division 5.

263Q. REMOVAL OF WRECKED VESSEL, ETC.

482A person who, without the pr ior wr it ten approva l of the Author ity, removes

from the jur isdict ion of the count ry–

(a) a vessel tha t has been wrecked, st randed or abandon ed; or

(b) any wreck tha t is found or has been brought ,

with in the jur isdict ion of the count ry, is guilty of an offence.

Pena lty: 483

A fine not exceeding K20,000.00, or impr isonment for a t erm not


Div ision 4.484

S a lva ge.

263R. SALVAGE IN RESP ECT OF SAVING LIFE.

485(1) Where–

(a) with in the jur isdict ion of the count ry any services a re rendered in

saving life from a vessel; or

(b) ou tside the jur isdict ion of the count ry any services a re rendered in

saving life from a vessel tha t –

(i) is registered under th is Act ; or

(ii) belongs to the Defence Force; and

(c) the vessel, or any ca rgo, machinery or equipment from the vessel, is

saved,

the sa lvor is en t it led to the payment of sa lvage by the owners of the vessel, ca rgo,

machinery or equipment .

(2) Sa lvage in respect of the saving of life is payable in pr ior ity to a ll other

cla ims for sa lvage.

(3) Where–

(a) sa lvage is payable in respect of the saving of life; and

(b) the va lue of the vessel, ca rgo, machinery or equipment saved (if any) is

insufficien t to pay the amount of sa lvage payable; and

480

Section 263O Subsection (2) amended by No. 70 of 2006, s. 165. 481

Section 263P added by No. 12 of 1981. 482

Section 263Q Amended by No. 70 of 2006, s. 166; added by No. 12 of 1981. 483

Section 263Q Amended by No. 70 of 2006, s. 166. 484


Section 263R added by No. 12 of 1981.

Merchant S hipping 9999 s . 263S.

– 125 –

(c) the Minister consider s tha t in the circumstances it is proper to do so,

the Minister may, in h is discret ion , pay to the sa lvor from funds appropr ia ted for the

purpose such sum as he th inks fit in whole or pa r t sa t isfact ion of the amount of

sa lvage.

263S. SALVAGE IN RESP ECT OF P ROP ERTY.

486Where a vessel is wrecked, st randed or in dist ress with in the jur isdict ion of

the count ry and services a re rendered by a person –

(a) a ssist ing the vessel; or

(b) saving ca rgo or proper ty from the vessel; or

(c) saving any wreck,

sa lvage is payable to the sa lvor by the owner of the vessel, ca rgo, proper ty or wreck.

263T. ASSISTANCE TO BE REN DERED.

487(1) Subject to Subsect ion (3), the master of a vessel tha t is registered under

th is Act or in respect of which a license or permit has been granted under Par t IX

must render assistance to any person who is found a t sea in danger of being lost ,

whether or not tha t person is a subject of another count ry that is a t war with the

Sta te.

(2) A master who, without reasonable cause (proof of which is on h im) fa ils to

comply with Subsect ion (1) is guilty of an offence.

Pena lty: 488



(3) It is a defence to an act ion under Subsect ion (2) if the master proves tha t

compliance with Subsect ion (1) would have caused ser ious danger to h is vessel or to

any person in it .

(4) Compliance by the master of a vessel with Subsect ion (1) sha ll not a ffect

h is r ight , or the r igh t of any other person , to sa lvage.

Div ision 5.489

P r oced u r e in S a lva ge.

263U. INTERP RETATION OF DIVISION 5.

490In th is Division , unless the cont ra ry in ten t ion appears, “de tain ed

property” and “property de ta in ed” include a vessel, it s ca rgo, machinery,

equipment , bunkers, freight a t r isk (if any) and any wreck.

486

Section 263S added by No. 12 of 1981. 487

Section 263T added by No. 12 of 1981. 488

Section 263T Subsection (2) amended by No. 70 of 2006, s. 167. 489


Section 263U added by No. 12 of 1981.

s . 263V. Merchant S hipping 9999

– 126 –

263V. DISP UTES AS TO SALVAGE.

491Where there is a dispute as to sa lvage, whether in respect of the saving of

life or of proper ty and the dispute is not set t led by agreement , a rbit ra t ion or

otherwise, the dispute sha ll be determined by the Na t iona l Cour t .

263W. DETENTION OF VESSEL, ETC.

492(1)

493

494Where sa lvage is due to a person under t h is Par t , the Author ity sha ll–

(a) in the case of sa lvage due in respect of services rendered in –

(i) a ssist ing a vessel; or

(ii) saving life from the vessel; or

(iii) saving ca rgo or proper ty from the vessel,

deta in the vessel, the ca rgo or proper ty; and

(b) in the case of sa lvage due in respect of the saving of any wreck, and the

wreck is not sold as uncla imed–deta in the wreck.

(2)495

496

Where a vessel, ca rgo or proper ty is det a ined under Subsect ion (1), the

Author ity sha ll–

(a)497

not ify the owner of any deta ined proper ty, if the owner is known to it , of

it s deten t ion; and

(b) reta in possession of t he deta ined proper ty unt il pa yment is made for the

sa lvage or unt il otherwise ordered by the Cour t .

(3)498

499

The Author ity may release any deta ined proper ty on receipt of adequate

secur ity.

263X. SALE BY AUTHORITY OF DETAINED P ROP ERTY.

500(1)

501

502Where a dispute as to sa lvage has been refer r ed to the Na t ional

Cour t , the Author ity sha ll dea l with any proper ty deta ined under Sect ion 263W as

the Cour t orders.

(2)503

504

Where, subject to Subsect ion (1), in the case of proper ty deta ined under

Sect ion 263W the amount of sa lvage due to a sa lvor is not d isputed, and the amount

491

Section 263V added by No. 12 of 1981. 492

Section 263W added by No. 12 of 1981. 493

Section 263W Subsection (1) amended by No. 70 of 2006, s. 168. 494







Section 263X added by No. 12 of 1981. 501

Section 263X Subsection (1) amended by No. 70 of 2006, s. 169. 502


Section 263X Subsection (2) amended by No. 70 of 2006, s. 169.

Merchant S hipping 9999 s . 263Y.

– 127 –

due is not pa id with in 20 days of the da te agreed for payment , the Author ity may sell

the deta ined proper ty.

(3) After payment of–

(a)505

any fees payable to, and any expenses incurred by, the Author ity in

respect of the proper ty and of it s sa le; and

(b) sa lvage,

the proceeds of the sa le of deta ined proper ty sha ll be pa id to the person lega lly

en t it led to the proceeds.

263Y. AP P ORTIONMENT OF SALVAGE BY NATIONAL COU RT.

506(1) Where two or more persons cla im payment of the sa lvage, the Na t ional

Cour t may, on the applica t ion of a cla imant , cause the amount of sa lvage to be

appor t ioned amongst the persons en t it led to it in such manner as it th inks fit .

(2) Where a dispute a r ises under Subsect ion (1) between the owner of, or the

master or any other person in the service of, a foreign vessel, the Na t iona l Cour t

sha ll, in appor t ioning sa lvage, have regard to the laws of the count ry to which the

vessel belonged a t the t ime the sa lvage services were rendered.

263Z. VOLUNTARY AGREEMENT TO P AY SALVAGE.

507(1) Where–

(a) services a re rendered for which sa lvage is cla imed and the sa lvor

volunta r ily agrees to abandon h is lien on the vessel, ca rgo or proper ty

a lleged to be sa lved; and

(b) the master or owner , whether pr incipa l or agent –

(i) en ters in to a wr it ten agreement to abide by the decision of the

Na t iona l Cour t or of a cour t of competent jur isdict ion in another

count ry; and

(ii) gives secur ity to an amount agreed on by the pa r t ies to the

agreement ,

the agreement sha ll bind the vessel and the ca rgo and proper ty and the respect ive

owners of the vessel and ca rgo and proper ty and the owners for the t ime being, for

the sa lvage tha t may be adjudged to be payable to the extent of the secur ity given .

(2) Where secur ity has been given for the performance of an agreement under

th is sect ion , the per son with whom the secur ity is lodged sha ll dea l with it a s the

cour t adjudica t ing on the agreement direct s.

(3) Where an agreement –

504



Section 263Y added by No. 12 of 1981. 507

Section 263Z added by No. 12 of 1981.

s . 263ZA. Merchant S hipping 9999

– 128 –

(a) tha t corresponds to an agreement under t h is sect ion is made under the

corresponding provisions of the law in force in another count ry; and

(b) provides tha t the par t ies to it will abide by the decision of a cour t of

competent jur isdict ion in Papua New Guinea ,

the Na t iona l Cour t sha ll have power to adjudica te on and enforce tha t agreement .

(4) The Nat ional Cour t sha ll have power to enforce, and sha ll a ssist a cour t of

competent jur isdict ion in another count ry in enforcing, an agreement made under

th is sect ion or under t he corresponding provisions of the law of any other count ry.

263ZA. P OSTAL ARTICLES NOT SUBJ ECT TO SALVAGE.

508(1) In th is sect ion , “posta l artic le” has the same meaning as in the Postal

S ervices Act 1996.

(2) A cla im for sa lvage sha ll not lie aga inst the Sta te in respect of a posta l

a r t icle or the contents of a posta l a r t icle.

Div ision 6.509

Miscel la n eou s.

263ZB. FEES P AYABLE TO AUTHORITY.

510Where the Author ity has–

(a) a t tended a t the site of a st randed vessel or wreck; or

(b) t aken possession of any wreck under th is Par t ; or

(c) acted in pursuance of h is powers under th is Par t in rela t ion to a vessel

tha t is wrecked, st randed or in dist ress,

fees as prescr ibed sha ll be payable to the Author ity.

263ZC. RECOVERY OF FEES AND COSTS.

511(1)

512

513Where–

(a)514

the Author ity is en t it led to fees payable under Sect ion 263ZB; or

(b)515

the Author ity has incurred cost s and expenses in act ing in pursuance of

h is powers under th is Par t , and those cost s and expenses a re not

otherwise recovered,

508

Section 263ZA added by No. 12 of 1981. 509


Section 263ZB Amended by No. 70 of 2006, s. 170; added by No. 12 of 1981. 511

Section 26ZC added by No. 12 of 1981. 512

Section 263ZC Subsection (1) amended by No. 70 of 2006, s. 171. 513



Section 263ZC Subsection (1) amended by No. 70 of 2006, s. 171.

Merchant S hipping 9999 s . 263ZD.

– 129 –

the Author ity may inst itu te proceedings for the payment of fees or recovery of cost s

and expenses, a s the case may be.

(2)516

517

In addit ion to it s r ights and remedies under Subsect ion (1), the

Author ity has, in respect of cost s and expenses incur red under th is Par t , the same

r ights and remedies as a sa lvor has in respect of sa lvage.

(3)518

[R epealed .]

263ZD. REGULATIONS.

519The Regula t ions may make provision , not inconsisten t with th is Par t , for


(a)520

the manner in which not ice of wreck found or taken possession of sha ll

be given to the Author ity; and

(b)521

the manner in which the Author ity shall give not ice tha t he has taken

possession of wreck; and

(c)522

the manner in which the Author ity may sell, dea l with or otherwise

dispose of any wreck in h is possession; and

(d )523

the fees and expenses, and their payment for services rendered by the

Author ity.

(e)524

the pa r t icu la rs of the fines to be pa id under Sect ions 263G, 263I, 263J ,

263K, 263L, 263Q and 263T.

516

Section 263ZC Subsection (2) amended by No. 70 of 2006, s. 171; Subsection (2) amended by No. 70 of 2006, s. 171. 517

Section 263ZC Subsection (2) amended by No. 70 of 2006, s. 171; Subsection (2) amended by No. 70 of 2006, s. 171. 518

Section 263ZC Subsection (3) omitted by No. 70 of 2006, s. 171. 519

Section 263ZD Amended by No. 70 of 2006, s. 172; added by No. 12 of 1981. 520

Section 263ZD Amended by No. 70 of 2006, s. 172. 521




Section 263ZD Amended by No. 70 of 2006, s. 172.


– 130 –

P ART XII. – MISCELLANEOUS.

Div ision 1.

Wr eck s.

264. VESSELS WRECKED.

(1) In th is Division unless the cont ra ry in ten t ion appears –

“ow n er”, in rela t ion to a vessel wrecked, means any person or per sons to

whom the vessel wrecked–

(a) belongs; or

(b) belonged a t the t ime a t which it became a vessel wrecked; or

(c) has belonged a t any t ime a fter the t ime a t which it became a

vessel wrecked;

“vesse l” includes pa r t of a vessel and any item of tackle, equipment , ca rgo,

stores or ba llast of, or belonging to, a vessel;

“vesse l w recked” means any vessel tha t is wrecked, st randed, sunk or

abandoned or which is lying on the sea -bed with in the ter r itor ia l limit s

of the count ry and includes wreck.

(2)525

526

Where, in the opinion of the Author ity–

(a) a vessel wrecked is, or is likely to be, an obst ruct ion or danger to

naviga t ion; or

(b) it is in the public in terest to do so,

the Author ity may–

(c) require the owner of the vessel wrecked to–

(i) ra ise, remove or dest roy, the whole or any par t of the vessel; or

(ii) ligh t or buoy any such vessel or pa r t un t il it is ra ised, removed or

dest royed; or

(d )527

where the owner of a vessel wrecked fa ils to comply with the

requirements made under Paragraph (c)–remove, dest roy or dea l with

the vessel wrecked or any par t of the vessel wrecked in such manner as

it th inks fit ; or

(e)528

sell, in such manner as it th inks fit –

(i) any vessel wrecked or any par t of it so ra ised or removed; and

(ii) any other proper ty recovered in the ra ising or remova l;

525






– 131 –

and, out of the proceeds of sa le, pay a fter deduct ion of any expens es incur red by it

the net proceeds of such sa le to the persons en t it led to them; or

(f)529

recover from the owner any and a ll expenses incurred by it in the

ligh t ing, buoying, ra ising, remova l or dest ruct ion of the vessel wrecked

or any par t of the vessel wr ecked and not r ecovered from the proceeds of

any sa le under Paragraph (e).

(3)530

531

The powers given to the Author ity under th is sect ion for the remova l of

vessels wrecked sha ll be in addit ion to and not in deroga t ion of any other powers

given to a ha rbour or por t au thor ity for a like object under any other law.

265. P ROHIBITION OF AP P ROACHING DANGEROUS WRECKS.

(1)532

533

Where the Author ity is sa t isfied tha t –

(a) because of any th ing conta ined with in a vessel wrecked, the vessel

wrecked is in a condit ion which makes it a potent ia l danger to life or to

proper ty; and

(b) the vessel wrecked ought to be protected from unauthor ized

in ter ference,

it may, by not ice in the Na t iona l Gazet te, decla re an a rea a round the vessel to be a

prohibited a rea .

(2) A not ice under Subsect ion (1) sha ll conta in a descr ipt ion of the vessel

wrecked, the place where tha t vessel is and the extent of the a rea decla red to be a

prohibited a rea .

(3)534

535

Subject to Subsect ion (4) a person who, without the writ ten au thor ity of

the Author ity, en ters a prohibited a rea is guilty of an offence.

Pena lty: 536


(4) A person is not guilty of an offence under Subsect ion (3) if he en ters a

prohibited a rea–

(a) in pursuance of some duty or funct ion imposed on h im by law; or

(b) ou t of necessity due to st ress of wea ther or naviga t iona l hazard.

529










– 132 –

Div ision 2.

Offen ces.

266. FALSE DECLARATION AS TO OWNERSHIP .

(1) A person who, in a decla ra t ion made under or for the pu rposes of th is Act ,

or in any document or other evidence produced to the Regist ra r , an assistan t to the

Regist ra r or a proper officer –

(a) wilfu lly makes or assist s in making, or procures to be made a fa lse

sta tement concern ing the t it le to, owner ship of, or the in terest exist ing

in , a sh ip registered under th is Act ; or

(b) u t ters, produces or makes use of any decla ra t ion or document

conta in ing any fa lse sta tement , knowing the same to be fa lse,


Pena lty: 537

A fine not exceedin g K20,000.00 or impr isonment for a t erm not


(2) Where, in a decla ra t ion made under or for the purposes of th is Act , a

person wilfu lly makes a fa lse sta tement in rela t ion either to h is being a qualified

person or to another person being a qua lified person , the sh ip in respect of which tha t

fa lse sta tement has been made is liable to forfeiture to the extent of the in terest in

the sh ip of the decla rant or , un less it is proved tha t the decla ra t ion was made

without au thor ity, of a person on beha lf of whom the decla ra t ion was made.

267. FALSE DECLARATIONS AND STATEMENTS.

A person who knowingly–

(a) makes a fa lse decla ra t ion , sta tement or representa t ion; or

(b) gives fa lse evidence on oa th ; or

(c) a lters, produces or makes use of any fa lse decla ra t ion , sta tement or

representa t ion ,

in connect ion with any applica t ion , repor t , record or proceeding under th is Act is


Pena lty: 538



268. OBSTRUCTION OF P ERSONS.

A person who, without lawful excuse (proof of which is on h im), h inders or

obst ructs a person in the performance, execut ion or ca r rying out of any duty

confer red or imposed on tha t person by th is Act is guilty of an offence.

537




– 133 –

Pena lty: 539


exceeding three months.

Div ision 3.

P r oced u r e.

269. LIMITATION OF ACTION S.

(1) For the pu rposes of th is sect ion , the expression “fre igh t” includes passage

money and h ire, and references to damage or loss caused by the fau lt of a vessel sha ll

be const rued as including references to any sa lvage or other expenses, consequent on

tha t fau lt , recoverable a t law by way of damages.

(2) An act ion sha ll not be main ta inable to enforce any cla im or lien aga inst a

vessel or her owners in respect of–

(a) any–

(i) damage or loss to another vessel, her ca rgo or freight or any

proper ty on board her ; or

(ii) damages for loss of life or persona l in jur ies suffered by any person

on board her ,

caused by the fau lt of the former vessel, whether such

vessel be wholly or pa r t ly in fault ; or

(b) any sa lvage services,

un less proceedings a re commenced with in two years from the da te when the damage

or loss or in jury was caused or the sa lvage services were rendered.

(3) An act ion sha ll n ot be main ta inable under th is Act t o enforce any

cont r ibut ion in respect of an overpa id propor t ion of any damages for loss of life or

persona l in jur ies unless proceedings a re commenced with in one year from the da te of

payment .

(4) Any cour t having jur isdict ion to dea l with an act ion to which th is sect ion

applies–

(a) may, in accordance with the ru les of cour t , extend any such per iod to

such extent and on such condit ions as it th inks fit ; and

(b) sha ll, if sa t isfied tha t there has not , dur ing such per iod, been any

reasonable oppor tunity of a r rest ing the defendant vessel with in the

jur isdict ion of the cour t , or with in the ter r itor ia l wa ters of the count ry

to which the pla in t iff’s sh ip belongs or in which the pla in t iff resides or

has h is pr incipa l place of business, extend any such per iod to an extent

sufficien t to give such reasonable oppor tunity.

539



– 134 –

270. P ROCEEDINGS ON FORFEITURE OF SHIP .

(1)540

541

Where a sh ip has become liable to forfeiture under th is Act , the

Minister or the Author ity, a s the case may be, may caus e the sh ip to be seized and

may deta in the sh ip and may br ing the sh ip for adjudica t ion before the Na t ional

Cour t .

(2) The Nat ional Cour t may, where a sh ip has been brought before it for

adjudica t ion under Subsect ion (1), on such terms and condit ions as it th inks just ,

order tha t the sh ip be forfeited to the Sta te.

271. MODE OF MAKING DECLARATION.

(1)542

543

A decla ra t ion required by th is Act may be made before the Regist ra r , an

assistan t to the Regist ra r , a Commissioner for Oa ths, a Papua New Guinea consula r

officer or an officer of the Author ity duly author ized by the Author ity to take oa ths..

(2) A decla ra t ion required by this Act may be made on beha lf of a corpora t ion

by any person so au thor ized under the common sea l of the corpora t ion .

272. P ROOF OF DOCUMENTS.

(1) All cer t ifica tes or other documents (including endorsements on cer t ifica tes

or other documents) to which this sect ion applies a re admissible in evidence in the

manner provided by Sect ion 273.

(2) This sect ion applies to–

(a) a cer t ifica te or other document issued, granted, given or made under

th is Act or purpor t ing to be issued, granted, given or made under th is

Act and signed, or purpor t ing to be signed, by any person required or

au thor ized by th is Act to issue, grant , give or make any such cer t ifica te

or document ; and

(b) an endorsement made, or purpor t ing to be made, under th is Act and

signed, or purpor t ing to be signed, by any person required or au thor ized

by th is Act to make any such endorsement ; and

(c) a cer t ifica te given or made by the Regis t ra r a sser t ing the nega t ive of

any circumstance, fact or th ing.

273. ADMISSIBILITY OF DOCUMENTS IN EVIDENCE.

(1) Where a cer t ifica te or other document is by th is Act decla red to be

admissible in evidence it sha ll, on it s product ion from proper custody, be admissible

in evidence in any cour t , and, subject to a ll just except ions, sha ll be conclusive

evidence of the mat ters sta ted in it .

540






– 135 –

(2) A copy of any cer t ifica te or other document refer red to in Subsect ion (1) or

an ext ract from any such cer t ifica te or document is a lso admissible in evidence if

proved to be an examined copy or ext ract , or if it purpor t s to be signed and cer t ified

as a t rue copy or ext ract by the officer or person to whom custody of the cer t ifica te or

other document is en t rusted.

(3) Any person who is by th is Act required or au thor ized to issue, grant , give or

make any cer t ifica te or other document , sha ll furn ish a cer t ified copy of the

cer t ifica te or document to any person applying a t a reasonable t ime for such cer t ified

copy or cer t ified ext ract .

274. AVERMENT.

(1)544

545

In th is sect ion , “officer” includes a , a Labour Shipping Officer , a

surveyor , an assistant to the Regist ra r , the Regist ra r and an officer of the Author ity.

(2) Subject to Subsect ion (4), in any prosecu t ion under th is Act the ave rment of

any officer sha ll be pr ima facie evidence of the mat ters averred.

(3) Any evidence given in suppor t or rebut ta l of a mat ter averred under

Subsect ion (2) sha ll be considered on it s mer it s and the credibility and proba t ive

va lue of such evidence sha ll be neither increased nor diminished by reason of th is

sect ion .

(4) Averment sha ll not be made–

(a) a s to the in ten t of a person; or

(b) in a case where an offence is punishable by impr isonment .

275. RECOVERY OF FINES BY DISTRESS.

Where a Cour t adjudges a person convicted of any offence aga inst th is Act to

pay any fine or other moneys and tha t person is the master of a sh ip registered under

th is Act or the owner of the sh ip, and the fine or other moneys a re not pa id with in

the t ime and in the manner limit ed by the convict ion or specified in the order of the

Cour t , the Cour t may, in addit ion to any other power it may have to compel payment ,

direct the amount remain ing unpa id to be levied by dist ress or by the sa le of the sh ip

or the equipment of the sh ip, a s the case requires.

275A. P AYMENT OF FINES.

546All monies received by way of fines for offences under th is Act sha ll be pa id

to the funds of the Author ity.

276. DELEGATION BY MINISTER.

Subject to th is Act , t he Minister may, by inst rument , delega te to a person a ll

or any of h is powers and funct ions under th is Act (except th is power of delega t ion).

544



Section 275A Inserted by No. 70 of 2006, s. 181.


– 136 –

277. AP P LICATION OF OTHER LAWS.

Subject to th is Act , a ll laws in force in Papua New Guinea a t the

commencement da te rela t ing to merchant sh ipping sha ll cont inue in force a fter the

commencement da te and sha ll have fu ll force and effect except where they a re

inconsisten t with any of the provisions of th is Act and to the extent of any

inconsistency the provisions of th is Act preva il.

278. STATE OWNED SHIP S NOT SUBJ ECT TO CERTAIN P ROCEEDINGS.

This Act does not –

(a) au thor ize–

(i) proceedings in rem in respect of any cla im aga inst the Sta te; or

(ii) the a r rest , deten t ion or sa le of any Government sh ip or of any

vessel belonging to the Sta te; or

(b) give to any person a ny lien on any Government sh ip or on any vessel

belonging to the Defence Force or on any ca rgo or other proper ty

belonging to the Sta te.

279. REGULATIONS.

The Head of Sta te, act ing on advice, may make regula t ions not inconsisten t

with th is Act , prescr ibing a ll ma t ters tha t a re required or permit ted by th is Act to be

prescr ibed, or tha t a re necessa ry or conven ient to be prescr ibed, for the ca rrying out

or giving effect to th is Act , and in pa r t icu lar for prescr ibing–

(a) the manner of doing, and the fees paya ble in respect of, any mat ter or

th ing tha t is required or permit ted to be done under th is Act ; and

(b) forms to be used for or in connect ion with th is Act ; and

(c) the means by which , and the condit ions subject to which , a sh ip or a

class of sh ip may be exempted from compliance with the regula t ions or

any provision of the regula t ions; and

(d )547

pena lt ies of fines and default pena lt ies of fines for offences aga inst the

regula t ions.

280. REP EAL.

The Wreck and S alvage Act is repea led.

Office of Legisla t ive Counsel, PNG

547


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