v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence...

22
, , / " STATUTORY INSTRUMENT. No. of 2014. Merchant Shipping (Registration) Regulation 2014. ARRANGEMENT OF SECTIONS. 1. Registration of Government ships. 2. Tonnage certificates. 3. Marking of ships. 4. Marking of an air cushioned vehicles. 5. Application for registration. 6. Declaration of ownership. 7. Registration of Ships. 8. Certificate of Registry. 9. Provisional certificate of Registry. 10. Change of ownership. II. Registry of alteration. 12. Owner to furnish particulars. 13. Bill of sale. 14. Declaration of transfer. IS. Transmission of property in ship on death, insolvency etc. 16. Mortgage of a ship. 17. Discharge of mortgage. 18. Transfer of mortgage. 19. Transmission of interest in mortgage by death, insolv'Yncy, etc. 20. Names of registered ships. 21. Annual registration fees. 22. Exemptions. 23. Application to alter Port of Registry. 24. Fees. 25. Review of registration rates. 26. Fees on registration for domestic registered ship. SCHEDULE 1. SCHEDULE 2. / v

Upload: others

Post on 23-Jun-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

, , / "

STATUTORY INSTRUMENT.

No. ~ of 2014.

Merchant Shipping (Registration) Regulation 2014.

ARRANGEMENT OF SECTIONS.

1. Registration of Government ships. 2. Tonnage certificates. 3. Marking of ships. 4. Marking of an air cushioned vehicles. 5. Application for registration. 6. Declaration of ownership. 7. Registration of Ships. 8. Certificate of Registry. 9. Provisional certificate of Registry.

10. Change of ownership. II. Registry of alteration. 12. Owner to furnish particulars. 13. Bill of sale. 14. Declaration of transfer. IS. Transmission of property in ship on death, insolvency etc. 16. Mortgage of a ship. 17. Discharge of mortgage. 18. Transfer of mortgage. 19. Transmission of interest in mortgage by death, insolv'Yncy, etc. 20. Names of registered ships. 21. Annual registration fees. 22. Exemptions. 23. Application to alter Port of Registry. 24. Fees. 25. Review of registration rates. 26. Fees on registration for domestic registered ship.

SCHEDULE 1.

SCHEDULE 2.

/ v

Page 2: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

STATUTORY INSTRUMENT.

No. of 2014.

Merchant Shipping (Registration) Regulation 2014.

Being a Regulation to repeal the Merchant Shipping (Registration) Regulation 2006 and for related purposes,

MADE by the Head of State, acting with, and in accordance with, the advice of the National Executive Council under the Merchant Shipping Act (Chapter 242).

1. REGISTRATION OF GOVERNMENT SIDPS. (1) An application for registration of Government ship shall be made to the Registrar in writing

and shall be signed -(a) in the a case where the ship is owned by the Government -

(i) by the permanent head of the Department; or (ii) by the head of the authority,

who has responsibility for the ship; and (b) in any other case, by the person who holds the ship on the behalf of, or for the benefit

of, the Government.

(2) An application for registration of a Government ship shall specify -(a) the name of the ship; and (b) a description of the ship; and (e) where the date and place of construction of the ship -

(i) are known - a statement of that date and of that place; or (ii) are not known - a statement to that effect, giving such particulars relating

to the construction of the ship as are known; and (d) particulars oftitle to the ship; and (e) a statement that the ship -

(i) belongs to the Government; or (ii) is held on behalf of, or for the benefit of, the government.

(3) An application for registration of a Government ship shall have annexed to it -(a) such certificates or other evidence oftitle as are referred to in the particulars of title;

and (b) the tonnage certificate of the ship.

(4) The Registrar, if satisfied that a Government ship may be registered, shall register the ship by entering into the Register -

Page 3: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

(a) her name; and (b) the registry number allotted to her; and (c) the name of her owner; and (d) her port of Principal - registry; and (e) the patticulars contained in -

(i) the application for registration; and (ii) her tonnage certificate.

(5) On registration of a Government ship the Registrar shall retain -(a) the application for registry; and (b) the certificates or other evidence of the little referred to in Subsection (3)(a).

2. TONNAGE CERTIFICATES. A tonnage certificate shall be in Form R.I of the Schedule.

3. MARKING OF SHIPS. (I) In this section, "ship" means a ship that is not an air cushioned vehicle.

(2) A ship shall be marked on -(a) each side of her stem, by her name and Port of Registry; and (b) her stem, by -

(i) her name; and (ii) at the mid port of the ship denoting the class of the vessel; and

(e) each side of her stem and of her stem post by a scale of decimetres or of metres and decimetres denoting her draught of water.

(3) The marking referred to in Subsection (2)(a) and (b) shall be in -(a) white or yellow letters on a dark ground; or (b) black letters on a light ground,

being letters of a length of not less than I decimetres and of proportionate breadth.

(4) The marking referred to in Subsection (2)(e) shall be­(a) in white or yellow figures on a dark ground; or (b) in black figures on a light ground,

being figures that are -(e) welded on or cut into the ship; and (d) ofa length of not less than I decimetres and of proportionate breadth; and (e) where the scale is in decimetres - at each interval of2 decimetres; and (j) where the scale is in metres and decimetres- at each interval and at each intervening

2 decimetres interval.

(5) In the case of figures denoting the scale of draught of a ship -(a) the capital letter "M" sharI be placed after each metre figure in the manner and style

of each metre figure; and (b) the topmost figure of the scale shall show­

(i) the metre; and (ii) except where that figure marks a full metre interval- the decimetre, denoted

by the figure; and (e) the lower line of each figure shall coincide with the draught line denoted by each

figure. - 2 -

Page 4: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

4. MARKING OF AN AIR CUSHIONED VEHICLE. (1) An air cushioned vehicle shall be marked in a conspicuous place on her superstructure­

(a) at the forward end above the centre line, by her name; and (b) above the after end of the centre line, by -

(i) her name; and (ii) her port of registry at the mid part of the ship followed by the letters and

Marks.

(2) The marks on air cushioned vehicle shall be in -(a) white or yellow letters on a dark ground; or (b) black letters on a light ground, being letters ofa length of not less than 1 dm and of

proportionate breadth.

5. APPLICATION FOR REGISTRATION. (1) In this section, "ship" means a ship that is not a Government ship.

(2) An application for registration of a ship shan be in Form R. 2 of the Schedule.

(3) Subject to Subsection (4), an application under Subsection (2) shall be accompanied by-(a) a certificate signed by the builder of the ship and containing -

(i) a description of the ship; and (ii) the estimated tonnage of the ship; and (iii) the date and place of construction of the ship; and (ix) the name of the person(if any) on whose account the ship was built; and

(b) where the ship has been registered under a law of a country other than Papua New Guinea - evidence that registration in that country has ceased;

(e) evidence that the ship is in a seaworthy condition; and Cd) evidence that the applicant is the owner of the ship; and (e) a list of not less than three alternative names, numbered in order of preference, under

which the ship is proposed to be registered; and if) a declaration of ownership.

(4) Where a certificate referred to in Subsection (3)(a) cannot be obtained the applicant shall­(a) make a declaration to that effect; and (b) annex the declaration to the application under Subsection (2).

6. DECLARATION OF OWNERSHIP. A declaration of ownership shall be in Form R.3 ofthe Schedule.

7. REGISTRY OF SHIPS. (1) In this section, "ship" means a ship that is not a Government ship.

(2) Where the Registrar is satisfied that a ship may be registered, he shall -Ca) ballot a registry number to the ship; and (b) enter into the register -

(i) the allotted registry number; and (ii) the port of registry ofthe ship;

- 3 -

Page 5: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

(iii) such particulars of the construction or origin of the ship as appear to him to be relevant; and

(iv) the name and particulars of each owner of the ship; and (v) the proportion of each owners, if more than one, own the ship; and

(e) grant a certificate of registry in respect of the ship.

(3) On registration of a ship, the Registrar shall retain -(a) the certificate of the builder; and (b) any evidence as to the title of the ship which was annexed to the application for

registration; and (e) the declaration of ownership.

8. CERTIFICATE OF REGISTRY. A certificate of registry ofa ship shall be in Form R.4 of the schedule.

9. PROVISIONAL CERTIFICATE OF REGISTRY. A provisional certificate of registry of a ship shall be in From R.S of the Schedule.

10. CHANGE OF OWNERSHIP. Where a change occurs in the registered ownership of a ship, the registrar shall -

(a) enter into the register the details of the change; (b) endorse, or cause to be endorsed, on the certificate of registry of the ship the details

so entered.

11. REGISTRY OF ALTERATION. Where the Registrar causes the alteration of a ship to be registered, he shall enter into the

Register -(a) reference to the new tonnage certificate of the altered ship; and (b) the number of the new certificate of Registry granted under Section 29(5) of the Act.

12. OWNER TO FURNISH PARTICULARS. Subject to Section 30 of the Act, the following particulars shall be furnished to the owner of a

~- .

(al the name, address and qualification to own a ship registered under the Act of each owner of the ship; and

(b) the trade( if any) in which the ship is engaged or, if the ship is out of commission, the place at which the ship is located; and

(e) details of any current safety certificate in respect of the ship; and (d) the name and address of the master of the ship.

13. BILL OF SALE. A bill of sale shall be in Form R.6 of the Schedule,

14. DECLARATION OF TRANSFER. A declaration of transfer shall be in Form R.7 of the Schedule.

15. TRANSMISSION OF PROPERTY IN SHIP ON DEATH, INSOLVENCY, ETC. A declaration oftransmission shall be in Form R.8 of the Schedule.

- 4 -

Page 6: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

16. MORTGAGE OF A SHIP. A mortgage shall be in Form R.9 of the Schedule.

17. DISCHARGE OF MORTGAGE. A discharge of mortgage shall be in Form R.l 0 of the Schedule.

18. TRANSFER OF MORTGAGE. A transfer of mortgage shall be in Form R. 11 of the Schedule.

19. TRANSMISSION OF INTEREST IN MORTGAGE BY DEATH, INSOLVENCY, ETC. A declaration of transmission of interest in mortgage shall be in Form R.l2 of the Schedule.

20. NAMES OF REGISTERED SHIPS. (\) Where the owner ofa ship that is registered under the Act seeks to change the name of the

ship, he may apply to the Registrar.

(2) An application under Subsection (1) shall be in Form R.13 of the Schedule.

(3) Where the Registrar approves an application under this section, he shall -(a) notify the applicant; and (b) enter the new name of the ship into the Registrar; and (e) cause a new name of the ship to be endorsed on certificate of registry of the ship.

21. ANNUAL REGISTRATION FEES. (1) In this section, "the gross tonne of the ship" means the Gross Tonnage as recorded in the

Register.

(2) An annual Registration fee shall be paid each year for all ships carrying on business domestically in Papua New Guinea and for any other ships intending to carryon business as shown in the Table in Schedule 2 ofthis Regulation.

22. EXEMPTIONS. (I) The Registrar, by instrument, subject to such conditions (if any) as he thinks fit, may

exempt -(a) a pleasure craft; and (b) a ship which, in his opinion, is of traditional built,

from any requirement of Section 3.

(2) The Registrar, by instrument, subject to such conditions (if any) as he thinks fit, may exempt an air cushioned vehicle from any requirements of Section 4.

23. APPLICATION TO ALTER PORT OF REGISTRY. (I) The owner of a ship may apply to the Registrar for the Port of registry of a ship to be

altered.

(2) An application under Subsection (I) shall be in Form R. 14 of the Schedule.

24. FEES. (1) In this section, "the gross tonne ofa ship" means the gross tonnage of the ship as recorded

in the Tonnage Certificate. - 5 -

Page 7: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

(2) The fee payable on registration of a ship is as shown in Schedule 2.

(3) The fee payable upon registration for a dumb barge shall be at an approved rate determined by the Authority, with each dumb barge paying 50% of the rates shown in Schedule 2 of this regulation.

25. REVIEW OF REGISTRATION RATES. The rates for Registration will increase by up to 10% per annum, after the first year of

implementation of this Regulation coming into force, upon Review and subject to inflation and (if any) Consumer Price Index Increases.

26. FEES ON .REGISTRA TION FOR DOMESTIC REGISTERED SHIP. The fees orixegistration for a domestic registered ship is payable per gross tonne or part of a

gross tonne to be rounded up to the next full gross tonne as per the rates shown in Schedule 2.

- 6 -

Page 8: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Act.Sec.18, Reg,Sec,2,

Name of ship,

Merchant Shipping (Registration)

SCHEDULE 1.

Merchant Shipping Act (Chapter 242).

LOCAL TONNAGE CERTIFICATE.

Certificate No.

Port of Registry.

Form R,l.

Registry Number. J I

,--Registry Dimensions, Framework and Description of shill.

Length, " , .... , , ... , .... metre Breadth ..... , ......... , ..... metre

Number of Decks

Number of Bulkheads

The tonnage of the above described ship's measured in accordance with Papua New Guinea Tonnage Measurement are as follows:

Tonnage Cubic Metre I Tons Gross Net

I certify that the tonnage of the above described ship has been determined in accordance with the provisions of the Merchant Shipping Act (Chapter 242) and that the name and port of Registry of the ship are permanently and conspicuously marked on the ship in the prescribed manner.

Manager ships Survey and Inspections.

Date ofIssue:

Note: This Certificate is a valuable document and must be kept in a safe place, if it is lost, the Registrar must be infonned. This Certificate ceases to be valid if any alteration is made in the fore of the ship or if it is discovered that the tonnage of the ship has been erroneously computed,

- 7 -

Page 9: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Act. Sec.20.

Reg. Sec.S(2).

Merchant Shipping (Registration)

Merchant Shipping Act (Chapter 242).

APPLICATION FOR REGISTRATION.

To the Registrar of Ships I From:

Form R.2.

1. IIWe*(al .................................................................................................... ..

am/are*owner(s) of .. , ........................................................... ...... (b) share(s)* in

,----occc----~c- PRESENT REGISTRATION OF SHIP (IF ANY). Name of Ship (e). Port of Registry. Official No. of Registry.

2. IJWe apply for the registration of.. ................................................................ ship 3. In support of this application I/We .................................................................. (d)

i: ......................................................................... , .................................. .

4. The proposed registry name ofthe ship --

i. ................................. .. ii. .................................. .

IV.

v. iii. ................................. ..

5. The proposed Port of Registry is (e). vi. ~ .. ~.: .. "~ .. ~.~ .. ~ .. ~ .. ~.~ .. ~ .. ~.~ .. ~ .. ~.~ .. ~ .. ~.~ .. ~ .. ~.~ .. ~ .. ~.~ .. ~.~ .. ~ .. ~ .. ~.~ .. ~ .. ______ ~

L-_______________________________________________________________ _

Signature(s) of Applicant(s) (f) Date: ..... .1 ....... .1 ......

'Strike out whichever is not applicable.

INTRUCTIONS: (a) Insert full name(s) and description(s) of each applicant(s);

(b) Insert shareholdingdetails; (e) Insert brief description of ship and if previously registered, details of registration;

(d) Attachments required are: (i) a description of the ship; and

(ii) the estimated tonnage ofthe ship; and

(iii) the date and place of construction of the ship; and (iv) the name of the person(if any) on whose account the ship was build,

(e) Insert no fewer than 3 names in order of preference; (j) Where applicant is a natural person, the application must be signed by that person or agent. Where the applicant is a

corporation, the application must be under the scale of the corporation or signed by the agent of the corporation. N.B. Where the application is signed by an agent, the authority of the agent must be attached.

This fann can only be lodged in Port Registry.

-- 8 -

Page 10: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

Act.Sec.21. Reg.Sec.6. Merchant Shipping Act (Chapter 242).

Form R.3.

DECLARATION OF OWNERSHIP.

l, .. .. .. .. . . . .. .. ............................ .. . .. .. .. .. . .. . .. . .. . . .. . .. . .. . .. . . .. . . . . . . . .. . . . . .. .. .. .. .. .. .. . . . . .. . .. . .. (A)

. . . .. .. .. . . . .. . .. . .. . .. . . .. . .. . .. .. .. .. .. . .. .. .. .. .. .. .. . .. . .. . .. . . .. .. . .. .. . . .. . .. . . .. . . .. .. . . . .. . .. . .. . . . .. .. .. .... (B) make this declaration in respect of the ownership of

••• , .......................................................... 0 •••••••••••••••••••••••••••••••••••••••••••••••••••• ••••• ,"

I declare as follows:-

(d)

1. [am a person authorised underthe Common Seal of" .................... " """"""""""""

••••••••••••••••••••••••••••••••••••••••••• , ••••••••••••••••• 0 ., ••••••• 0 ••••••••• " •••••••• " ••••••••••••••••••••••

........................................................................................................... ... (C) (hereinafter called the "corporation") to make declarations on behalf of the corporation.

2. I am a citizen of Papua New Guinea (or)' The corporation is -

(a) established under, and is subject to the laws of Papua New Guinea; and (b) has its principal place of business in Papua New Guinea; and (e) and is a corporation that is-registered by the Investment Promotion Authority to

carryon business as a ship owner in Papua New Guinea; or (d) a local enterprise declared in the Companies Act 1997 and the Investment

Promotion Authority Act 1992.

3. The above general description of this ship is correct and lithe Corporation am/is entitled to be registered -

(a) as owner of.. ......................................................................... share(s) in the ship and/or*

(b) as joint owner(s)* with the several other persons whose names are hereunder written, ....................................................................... share(s)* in the ship.

Name(s) ofjoint owner(s). Address(es) of Joint Owner(s). No. of share.

4. Other than the share(s) described at Clause 3 above the shares in the ship are owned as follows:

Name of owner Address( es) of Owner No. of shares

- 9 -

Page 11: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

" , "

Merchant Shipping (Registration)

5, To the best of my knowledge and belief, no person and corporation other than a person or corporation that is a qualified person as defined in the Act is entitled as owner of any legal or beneficial interest in the ship (e),

6. The ship was constructed at ..... , ................................................................................ . on ............................................................................................................ .

(or)* I have no knowledge of the place or date of construction of the ship.

7. The ship is not registered in any other country.

*Strike out whichever is not applicable.

I ................................................................................................................. .. of ................................................................................................................. .

do solemnly and sincerely declare that all information and particulars given in the above are true and correct AND I make this solemn declaration by virtue of the Oaths, Affirmations and Statutory Declaration Act (Chapter 317) conscientiously believing the Statements contained therein to be true and correct in very particular.

DECLARED at. ............................................. . DECLARANT

the ................................. day of.. ........ 20 ........ . Before me;

WITNESSED

- 10 -

Page 12: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Act. Sec. 23. Reg.Sec.8.

Name of Vessel.

Merchant Shipping (Registration)

Form R.4. Merchant Shipping Act (Chapter 242).

CERTIFICATE OF REGISTRY,

Port of Registry. Registry Number. IMO

I no.

c..[ __ R_e~g~is_trLy_D_l_' m_e_n-,s_ioccn,-s-,-. __ ~_-",L-=-e=ngt=h,,-: _____ -=-M-=c.etrii=r Bre=ad=-t::chc-: ___ ~M-=-e:::t::.re:::s~-,

1--___ N_O_._o_f_D_e_c_ks_, ___ J-+ --~f Bulkheads, Framework and Description of ship.

Tonnage of Ship, Cubic Metres. Tons Tonnage Cert No. GROSS

NET

I J hereby certify that the above description of------------------------oo-------------------------------------­

Registry No. Port ofRegistry------------------------------------------------------ is in accordance with the Register Book held at-------------------------------------------------- and that the person(s registered as owner(s) is/are as follows:

Name (s) and Address(es) ofOwner(s). No. of shares. ---------1

I Date: ---------------------------------------------------- I Registrar of Ships

NOTE: This Certificate is a valuable Document. It must be kept securely on the ship in respect of which it is issued. It may only be used for the lawful navigation of the ship. A person in procession or in control of it must produce it on demand to -

(a) the person entitled to its custody for the purpose of the lawful navigation of the ship; or (b) the Registrar; or (e) an officer authorized by the Registrar.

-11-

Page 13: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Ac1.Sec.24. Reg.Sec.9.

Merchant Shipping (Registration)

Form R.5. Merchant Shipping Act (Chapter 242).

PROVISIONAL CERTIFICATE OF REGISTRY.

Name of Vessel. Port of Registry. Provisional Registry Number.

Previous Name of Vessel. Previous Port of Registry. Previous Registry Number.

Tonnage of Ship. Cubic Metres. Tons GROSS -

NET -

.

Name of Builders. Place of Construction.

DESCRIPTION OF VESSEL. No. of Decks. I No. of Bulkheads. Framework and Description of ship.

I Registry Dimensions I Length: Metres I Breadth: Metres

Name(s) and Address(es) ofOwner(s). No. of Shares.

Name of Master. I

I hereby grant this Provisional Certificate of Registry in respect of the above described vessel.

Registrar of Ships Date Issued:

NOTE: This provisional certificate of registry shall be deemed to be a certificate of registry granted under Section 23(1) of the Merchant Shipping Act (Chapter 242), until the expiry of three (3) months after the date on which was granted, or until the expiry often (10) days after arrival of the ship at any PNG Ports, whichever is the earlier (Merellant Shipping Act (Chapter 242), Section 24(3)(a, b».

This certificate is a valuable document. It must be kept securely on the ship in respect of which it is issued. It may only be used for the lawful navigation of the ship. A person in procession of or in control of it must produce it on demand to-

(a) the person entitled to its custody for the purpose of the lawful navigation of the ship; or (b) the Registrar; or (c) an officer authorized by the Registrar.

-12 -

Page 14: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

,

Merchant Shipping (Registration)

Form R.6. Act. Sec. 3l. Reg.Sec.13 Merchant Shipping Act (Chapter 242).

BILL OF SALE.

I/We (a) , ... .,." '" , ........................ , ................ , ........ " ..... , .... , .......... " ... "" ..................... " ... .. , •••••••• • •••••••••••••••••••••••••••••••••••• 0 ••••••••••••••••••••••••••• , •••••••••••••••••••••••••••••••••••••••••••• , ••

••••••••• 0 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 0 •••••••••••••••••••••••••

Being registered as owner(s) * of(b)." .......... " .................... share (s)" in ........................... . Registry No. (d) ..................................................................................................... . Port of Registry (e) ......................................................................................... subject, however, to (j) '" ...................................................................................................... . •••••••••••••••••••••••••••••••••• , •••••••••••••••••••••••••••••••••••••••••••• 0 •••••••••••••••••••••••••••••••••••••••••• ,

In consideration of .................................... (k) ......... " ................................................ .. Paid to me/us" by (g) ................................................................................................ ..

The receipt whereof is hereby acknowledged, do hereby transfer to the said (h) ....................... " .... .

All my/our"estate or interest in ........................................................................... share(s)

IN WITNESS WHEREOF I1We have hereunto subscribed my/our name(s) at

The ................... day of.. .................. Amount in consideration of.. .................................... .

SIGNED in my presence by the said ............. ) ........................................................ ) Who is/ are" personally known to me: (i) ) Transferor( s) (I)

ACCEPTED SIGNED in my presence by the said ) ....................................................... ) Who is/are*personally known to me: (j) ) Transferee(s) (1)

*Delete whichever not applicable.

NOTES: (a) Insert full name(s) and description(s) oftransferor(s): (b) Insert name of ship; (e) Insert name number of shares; (d) Insert Registry Number; (e) Insert Port of Registry; (f) Insert short note of encumbrances, mortgages or interests to which share is subject; (g) Insert full name(s) and description(s) oftransferee(s); (h) Insert full name(s) oftransferee(s); (i) Name, address and qualification of witness to be stated. Witness must be a Justice of the Peace,

Commissioner of Affidavits) the Registrar of Ships, assistant to the Registrar of Ships. Barrister, Solicitor, Consular Official or Bank Manager.

" 13 "

Page 15: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

Act. Sec. 32. Reg. Sec. 15. Merchant Shipping Act (Chapter 242).

Form R.7.

DECLARA nON OF TRANSFER.

I (a) ............................. '" ................................................................... " ........ "." .......... "."." ."". make this declaration in respect of the ownership of

Name of Ship (b) Port of Registry Registry No. t

1. I am a person authorised under the Common Seal of ...................................................... (c) ........................................................................................ . (hereinafter called the "corporation) to make declaration on behalfofthe corporation*.

2. r am a citizen of Papua New Guinea (or) The corporation is -

(a) established under, and is subject to, the laws of Papua New Guinea; and (b) has its principal place of business in Papua New Guinea; and is a corporation that is -

(i) registered by the Investment Promotion Authority to carryon business as a ship owner in Papua New Guinea; or

(ii) a local enterprise as defined in the Companies Act 1997 and the Investment Promotion Authority Act 1992.

3. IIthe corporation* am/is' entitled to be registered -(a) as owner of ............................................................................................................... share(s)*

in the above described ship; and/or (b) as joint owner, with the several other persons whose names are hereunder written,

of ............................................................................................................................. share(s)*in the ship.

(e) Namels of joint owner/so Address/es of Joint Owner/so No. of share/so

4. To the best of my knowledge and belief no person and corporation other than a person or corporation that is a qualified person as defined in the Act is entitled as owner to any legal or beneficial interest in the ship. (el

* StrIke out whichever IS not apphcable

r, .......................................................................................................... do solemnly and Sincerely declare that all information and particulars given in the above are true and correct, AND I make this solemn declaration by virtue of the Oaths, Affirmations and Statutory Declaration Act (Chapter 3 17) conscientiously believing the Statements contained therein to be true and correct in every particular.

DECLARED at. ...................................... . Before me

On the ......... " ................................ day ........................................... , ........... 20 ....... .

Declarant.. ..... " .................................... .. - 14 -

Page 16: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

Act. Sec 34. Reg. Sec. 15.

Form R.8.

Merchant Shipping Act (Chapter 242).

DECLARATION OF TRANSMISSION.

I (al .......................................................................................................................................

make this declaration in respect of the ownership of

Name of Ship (b) Port of Registry Re2istry No. I

1. I am a person authorised under the Common Seal of (e) ........................................................................................................ (hereinafter called the "corporation) to make declaration on behalf of the corporation*.

2. I am a citizen of Papua New Guinea (or). The corporation is -

(a) established under, and is subject to, the laws of Papua New Guinea; and (b) has its principal place of business in Papua New Guinea and is a corporation that is -

(i) registered by the Investment Promotion Authority to carryon business as a ship owner in Papua New Guinea; or

(ii) a local enterprise as defined in the Companies Act 1997 and the Investment Promotion Authority Act 1992.

3. By transmission from ............................................ lithe corporation* am/is* entitled to be registered -

(a) as owner of ................................................................................................... share(s)* in the above described ship; and/or

(b) as joint owner, with the several other persons whose names are hereunder written, of... .......................................................................................................... share(sl*in the ship.

(el Name/s of .joint owner/so Address/es of Joint Owner/so No. of share/so

1 4.

I

To the best of my knowledge and beIiefno person and corporation other than a person or corporation that is a qualified person as defined in the Act is entitled as owner to any legal or beneficial interest in the ship. (e)

* Stnke out whichever IS not applicable.

I , ............................................................................................................................................................... . do solemnly and Sincerely declare that all information and particulars given in the above are true and correct, AND I MAKE this solemn declaration by virtue of the Oaths, Affirmations and Statutory Declarations Act (Chapter 317) conscientiously believing the Statements contained therein to be true and correct in every particular.

DECLARED at .......................................... . Before me

On the ............... day ............................ 20 ...... ..

Declarant .............. ,., .... ,." ... , ........ , ................ . - 15 -

Page 17: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

Form R.9 Act. Sec. 39. Reg.Sec.16. Merchant Shipping Act (Chapter 242).

MORTGAGE.

I/We ............................................................. (the "Mortgagor") being the registered owner of .................................... share(s) in .............................. (the Ship) Registry No .................... Port of Registry .............................................. in consideration of K ...................................... lent to us by ...................... " .......... (the "Mortgagee") the receipt of which is hereby acknowledged, do for the purpose of securing the payment in the name(s) mentioned below of the principal sum and interest on it, hereby mortgage to .. , .................. '" ...... '" '" ............................................. all its estate or interest in .................................... '" ................. shares in the ship and for the above consideration .................................... does hereby covenant with .......................................... ..

The terms, conditions and covenants of this mortgage made between ............................. .. (as mortgagor)and .............................. (as mortgagee) as per the SHIPS MORTAGE DEED.

IN WITNESS WHEREOF the parties hereunto subscribe their names at ....... on this .......... . 20 .............. ..

THE COMMON SEAL of ) ................................. as Mortgagor as Mortgagee ) was hereunto duly affixed by the Authority of the ) Board in the presence of )

Signature of Secretary

Name of Secretary (Please Print)

ACCEPTED

THE COMMON SEAL of

) ) ) ) ) ) ) )

) .................................................................. ) as Mortgagee was hereunto duly affixed by the Authority of the Board in the presence of:

................................................................. , Signature Secretary

.................................................................. Name of Secretary (Please Print)

- 16 -

) ) ) ) ) ) ) )

Signature of Director

Name of Director (Please Print)

Signature of Director

Name of Director (Please Print)

Page 18: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

ActSec 39. Reg. Sec.16.

Merchant Shipping (Registration)

Merchant Shipping Act (Chapter 242).

DISCHARGE OF MORTGAGE.

Registered No. of Mortgage:

Date of Mortgage:

Name: Registry No: Port of registry of ship:

Form RJO.

In consideration of the mortgagor having performed all the conditions required by him to be performed I1we hereby discharge mortgage registered No:

IN WITNESS WHERE OF the parties hereunto subscribe their names at ................... On this

.................. day ................... 20 ... .

SIGNED in the presence of ) ) ) )

...................................................... ) Signature 0 f Secretary

Name of Secretary (Please Print)

THE COMMON SEAL of

) ) ) ) )

) ) ) ) ) )

Signature of Director

Name of Director (Please Print)

-17 -

Page 19: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Act.Sec 39. Reg.Sec.16.

Merchant Shipping (Registration)

Merchant Shipping Act (Chapter 242).

TRANSFER OF MORTGAGE.

Registered No. of Mortgage:

Date of Mortgage:

Form R.Il.

Name: Registry No. Port of registry of ship:

VWe in consideration of.. ................................................ (K ............... ) paid to me/us by .............................. The receipt of which I/We hereby acknowledge, do hereby transfer to .................................. the whole of my/our interest in mortgage registered No: .... .

IN WITNESS WHEREOF I1We have hereunto subscribed my/our name(s) at ................. on this ............. 20 ...... ..

SIGNED in the presence of Witness

(Print Name)

ACCEPTED

SIGNED in the presence of Witness

(Print Name)

) ) ) ) ) )

) ) ) ) ) )

- 18 -

Transferor

Transferee

Page 20: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Act. Sec. 44. Reg.Sec. 19.

Merchant Shipping (Registration)

Form R. 12. Merchant Shipping Act (Chapter 242).

DECLARATION OF TRANSMISSION OF MORTGAGE.

I/we ..................................................................................................................... .

Make this declaration in respect of the interest of:

Name of ship Mortgage Registered Over the Security Registry No. i Port of Registry. No. of Shares(s). -

I

I declare that:

I

I. I am a person authorized under the Common seal of .............................. (herein called) the ....................................................... "(Corporation)" to make declarations on behalf of the corporation.

2. The circumstances in which the interest of the ...................................... is transmitted to me/us/the corporation as follows:

Vwe attach the following:-

I, ........................................................ of ...................................... .

do solemnly and sincerely declare that all information and particulars given in the

above are true and correct, AND I MAKE this solemn declaration by statements

contained to be true and correct in every particular.

Declared at.. ....................................... .. Signature of Declarant.

On this ............... Day ................. 20 ....... . Before me.

-19 -

Page 21: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

Act.Sec. FormR.13. Reg. Sec.20(2). Merchant Shipping Act (Chapter 242).

APPLICATION TO CHANGE NAME OF SHIP.

To: The Registrar of Ships.

I. I/We ........................................................................................................... .. ................................................................................................................... *am/are owner(s) of ............................. share(s) in:

Ealne of Ship. Port of Registry. Registry Number.

2. *I1We apply to change the name of the above described ship in order of preference the name by which I1we wish the above described ship to be known is:

13. . ................................................. ·1 4 .................................................... . 5 .................................................... .

3. Applicant's name and address:

.............. , ............................................................................................ .

4. Signature of Applicant .................................................................................. .

Common Seal

Date this day of ,20

Note: 'Strike out whkhever is not applicable. Where the application is signed by an agent, the authority of the agent must be attached.

- 20-

Page 22: v › wp-content › uploads › 2017 › 02 › ... · (a) such certificates or other evidence oftitle as are referred to in the particulars of title; and (b) the tonnage certificate

Merchant Shipping (Registration)

Act.Sec.280. Reg.Sec.23(2).

Form R.14. Merchant Shipping Act (Chapter 242).

APPLICATION TO CHANGE PORT OF REGISTRY.

To: The Registrar of Ships.

1. I1We ................................................................................ am/are owners of ........................................ shares(s) in ..................................... Registry No: ...................................... Port of Registry: .............................................. .

2. I/We apply to change the name of the port of registry of the described ship to .................... .

Dated this day of ,20

.......•.. ' ................. . Signature of Applicant.

SCHEDULE 2.

Fees for Registration for Domestic Registered Ships.

Gross Tonna!!e of Shin. Fee Rate ner Gross Tonne.

0 - 50 K9.86 51 - 100 K 500 + KI9.72

101 - 2S0 KI,460 + KI9.72 2S1 - 500 K4,400 + K 3.02 SOl - 1,000 K5,150 + K 2.20

1,001 - 2,000 K6,2S0 + K 0.93 2,001 - 3,500 K7,ISO + K 0.46

3,500 + K7,870 + K 1.04

Dated this day of

- 21 -