Merchant Shipping Act, 1951 (Act No. 57 of 1951)Preliminary2. Definitions and interpretation of certain references |
| (1) | In this Act, unless the context indicates otherwise— |
in relation to a vessel, includes—
| (a) | the collapse or overturning of any lift, crane, davit, derrick, mobile powered access platform, access equipment, staging or bosun's chair or the failure of any load-bearing part thereof; |
| (b) | the explosion, collapse or bursting of any closed container, including a boiler or boiler tube, in which there is any gas (including air), liquid or any vapour at a pressure greater than atmospheric pressure; |
| (c) | any electrical short circuit or overload resulting in fire or explosion; |
| (d) | the sudden, uncontrolled release of flammable liquid or gas from any system, plant or pipeline; |
| (e) | the uncontrolled release or escape of any harmful substance; |
| (f) | either of the following occurrences in respect of any pipeline, valve or any piping system in a vessel— |
| (i) | the bursting, explosion or collapse of a pipeline; |
| (ii) | the accidental ignition of anything in a pipeline or of anything which, immediately before it ignited, was in a pipeline; |
| (g) | any contact of the human body with loose asbestos fibre; |
| (h) | the failure of any lashing-wire, chain or appliance; |
| (i) | any collapse or significant movement of cargo; |
| (j) | the malfunctioning of any hatch cover, hatch cover control wire or other mechanism; |
| (k) | any person falling overboard; |
| (l) | the parting of a tow-rope; |
| (m) | the failure of bilge-pumping arrangements or life-saving or fire-fighting equipment to operate; |
[Definition inserted by section 1(a) of Act No. 18 of 1992]
means any craft of which the whole or a significant part of its weight can be supported, whether at rest or in motion, by a continuously generated cushion of air dependent for its effectiveness on the proximity of the surface over which the craft operates;
[Definition inserted by section 1(a) of Act No. 16 of 1995]
[Definition deleted by section 1(a) of Act No. 12 of 2015]
"Authority"
means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;
[Definition inserted by section 2(2) of Act No. 5 of 1998]
means an unindentured apprentice to the sea service;
"cargo ship safety construction certificate"
means such a certificate, issued in conformity with the Safety Convention under subbsection (a) of paragraph (1) or (2) of section 193, or deemed in accordance with the provisions of section 202(1)(b) to have been so issued;
[Definition substituted by section 1(a) of Act No. 23 of 1997]
means such a certificate, issued in conformity with the Safety Convention under subparagraph (b) of paragraph (1) or (2) of section 193, or deemed in accordance with the provisions of section 202(1)(b) to have been so issued;
[Definition substituted by section 1(a) of Act No. 23 of 1997]
means such a certificate, issued in conformity with the Safety Convention under subparagraph (b) of paragraph (3) or (4) of section 193, or deemed in accordance with the provisions of section 202(1)(b) to have been so issued;
[Definition inserted by section 1(b) of Act No. 23 of 1997]
[Definition deleted by section 1(c) of Act No. 23 of 1997]
[Definition deleted by section 1(c) of Act No. 23 of 1997]
"carrier"
includes the owner of the charterer who enters into a contract of carriage with a shipper;
"clearance"
includes any clearance or transire referred to in the Customs and Excise Act 91 of 1964;
[Definition substituted by section 1(a) of Act No. 5 of 1976]
means a ship employed in plying between ports in the same country, but does not include any fishing, sealing or whaling boat;
[Definition substituted by section 3(b) of Act No. 30 of 1959]
means the regulations made under paragraph (b) of subsection (2) of section 356 to give effect to the relative provisions of the International Collision Regulations Convention and Annexures thereto, or such regulations as applied under subsection (3) of that section;
[Definition substituted by section 1(a) of Act No. 3 of 1982]
[Definition deleted by section 31(a), Act 69 of 1962]
means such of the load line regulations as are made to give effect to the relative provisions of the Load Line Convention and Annexes thereto, or such regulations as applied under subsection (3) of section three hundred and fifty-six;
[Definition substituted by section 1(b) of Act No. 13 of 1965]
means the regulations made under paragraph (a) of subsection (2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety Convention, or such regulations as applied under subsection (3) of the said section;
[Definition substituted by section 1(c) of Act No. 13 of 1965]
applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same;
"country to which the Load Line Convention applies"
means a country in respect of which the Load Line Convention is for the time being in force, and includes any territory to which the said Convention applies in accordance with the relative Article thereof;
[Definition substituted by section 1(d) of Act No. 23 of 1997]
means a country in respect of which the Safety Convention is for the time being in force;
[Definition substituted by section 1(d) of Act No. 23 of 1997]
means all seafarers on board a ship;
[Definition substituted by section 29(k) of Act No. 12 of 2015]
"crew accommodation"
includes sleeping rooms, store rooms, galleys, mess rooms, sanitary accommodation, hospitals and recreation spaces provided for use by or for the benefit of seafarers;
[Definition substituted by section 29(g) of Act No. 12 of 2015]
"dangerous goods"
means goods which by reason of their nature, quantity or mode of stowage, are either singly or collectively liable to endanger the lives or health of persons on or near the ship or to imperil the ship, and includes all substances within the meaning of the expression 'explosives' as used in the Explosives Act 26 of 1956 and any other goods specified in the regulations as dangerous goods;
[Definition substituted by section 1(e) of Act No. 23 of 1997]
"dangerous space"
means any enclosed or confined space in which it is reasonably foreseeable that the atmosphere may at some stage contain toxic or flammable gases or vapours or dangerous substances, or be deficient in oxygen, to the extent that it may endanger the life or health of any person entering that space;
[Definition inserted by section 1(c) of Act No. 18 of 1992]
means a mark on each side of a ship indicating the position of the uppermost complete deck, as defined by the load line regulations;
"Director-General"
means the Director-General: Transport;
[Definition inserted by section 1(a) of Act No. 3 of 1981]
[Definition deleted by section 3(e) of Act No. 30 of 1959]
"dynamically supported craft"
means any air-cushion vehicle, sidewall craft, hydrofoil boat, or other similar craft, used wholly or principally in navigation by water;
[Definition substituted by section 1(f) of Act No. 23 of 1997]
means any person on board a vessel, including a member of the crew, who is employed by or working for an employer and receives or is entitled to receive any remuneration, or who works under the direction or supervision of an employer, or any other person who on board a vessel in any manner assists in the carrying on or the conducting of the business of an employer, except as provided otherwise by regulation;
[Definition inserted by section 1(d) of Act No. 18 of 1992]
means any person, including the owner or master of a vessel, who employs any person or provides work for him on a vessel and who remunerates that person or expressly or tacitly undertakes to remunerate him, except as provided otherwise by regulation;
[Definition inserted by section 1(d) of Act No. 18 of 1992]
includes boats, tackle, pumps, apparel, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, lights and signals of distress, medicines and medical and surgical stores and appliances, charts, radio apparatus, apparatus for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gear and apparatus of all kinds, and all other stores or articles belonging to or to be used in connection with, or necessary for, the navigation and safety of a ship;
"exemption certificate"
means such a certificate, issued in conformity with the Safety Convention under paragraph (c) of section 192, subparagraph (a) or (b) of paragraph (2) or subparagraph (a) of paragraph (4) of section 193, or deemed in accordance with the provisions of section 202(1)(a) or (b) to have been so issued;
[Definition substituted by section 1(g) of Act No. 23 of 1997]
means any ship engaged in sea fishing for financial gain or reward, but does not include any sealing boat or whaling boat;
[Definition substituted by section 1(g) of Act No. 13 of 1965]
means a fishing vessel as defined in the Marine Living Resources Act, 1998 (Act No. 18 of 1998);
[Definition inserted by section 1(b) of Act No. 12 of 2015]
means a country which is not a treaty country;
[Definition substituted by section 31(b) of Act No. 69 of 1962]
means—
| (a) | a ship plying between a port in one country and a port in another country; or |
| (b) | [Paragraph (b) deleted by section 3(g) of Act No. 30 of 1959] |
| (c) | [Paragraph (c) deleted by section 3(g) of Act No. No. 30 of 959] |
| (d) | a whaling boat other than a shore-based whaling boat; |
means a ship other than a treaty ship;
[Definition substituted by section 31(c) of Act No. 69 of 1962]
includes passage money and hire;
[Definition deleted by section 1(h) of Act No. 13 of 1965]
"goods"
includes all animals, matter or things, save that in Chapter VIII "goods" does not include animals or cargo which by a contract of carriage it is provided shall be carried on deck and is so carried;
"High Court"
means any division of the High Court of the Republic;
[Definition inserted by item 1(a) (Schedule 2) of Act No. 58 of 1998]
means a source of or exposure to danger;
[Definition inserted by section 1(h) of Act No. 23 of 1997]
means any craft which is supported above the surface of water in normal operating condition by hydrodynamic forces generated on foils;
[Definition inserted by section 1(c) of Act No. 16 of 1995]
means the Convention on the International Regulations for Preventing Collisions at Sea done at London on 20 October 1972, as modified by any amendment made under Article VI of that Convention that has entered into force for the Republic;
[Definition substituted by section 1(i) of Act No. 23 of 1997]
means such a certificate, issued in conformity with the Load Line Convention under paragraph (i) of section 207, or deemed in accordance with the provisions of section 215(1) to have been so issued, and includes an international load line exemption certificate;
[Definition substituted by section 1(j) of Act No. 23 of 1997]
"international load line exemption certificate"
means such a certificate issued in conformity with the Load Line Convention under section 204(1)(a);
[Definition substituted by section 1(j) of Act No. 23 of 1997]
means a load line ship of 24 metres or more in length, which is engaged on an international voyage;
[Definition substituted by section 1(b) of Act No. 5 of 1976]
when used with reference to ships registered in a country to which the Load Line Convention applies, means a voyage from a port in one country to a port in another country, either of those countries being a country to which the Load Line Convention applies, and when used with reference to ships registered in a country to which the Safety Convention applies, means a voyage from a port in one country to a port in another country either of those countries being a country to which the Safety Convention applies; and "short international voyage" means an international voyage in the course of which a ship is not more than two hundred nautical miles from a port in which the passengers and crew could be placed in safety, and which does not exceed six hundred nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination; and in the application of this definition—
| (a) | no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstances which neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled; and |
| (b) | every colony, overseas territory, protectorate, territory for whose international relations a State that has accepted the Safety Convention is responsible, territory for which the United Nations are the administering authority, and territory administered by a State in whose favour a mandate thereover was issued by the Council of the former League of Nations, shall be deemed to be a separate country; |
in relation to a ship, means a licence contemplated in section 68; and "licensed" shall be construed accordingly;
[Definition inserted by item 1(b) (Schedule 2) of Act No. 58 of 1998]
means the regulations made under paragraph (a) of subsection (2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety Convention, or such regulations as applied under subsection (3) of the said section;
[Definition substituted by section 1(j) of Act No. 13 of 1965]
means the marks indicating the several maximum depths to which a ship is entitled to be loaded in various circumstances prescribed by the load line regulations;
"load line certificate"
means an international load line certificate or a local load line certificate;
[Definition substituted by section 1(k) of Act No. 13 of 1965]
means the International Convention on Load Lines done at London on 5 April 1966, as modified by any amendment made under Article 29 of that Convention that has entered into force for the Republic;
[Definition substituted by section 1(k) of Act No. 23 of 1997]
means an international load line exemption certificate or a local load line exemption certificate;
[Definition inserted by section 1(d) of Act No. 42 of 1969]
"load line convention certificate"
[Definition deleted by section 1(l) of Act No. 13 of 1965]
means the regulations made under paragraph (c) of subsection (2) of section three hundred and fifty-six to give effect to the relative provisions of the Load Line Convention and Annexes thereto, or such regulations as applied under subsection (3) of the said section;
[Definition substituted by section 1(m) of Act No. 13 of 1965]
means any ship of 14 metres or more in length, which is not solely engaged in fishing and is not a pleasure yacht;
[Definition substituted by section 1(c) of Act No. 5 of 1976]
means a certificate issued under section 194(1)(a) or (b)(ii);
[Definition substituted by section 1(f) of Act No. 42 of 1969]
means a certificate issued under paragraph 2 of section 207 and includes a local load line exemption certificate;
[Definition substituted by section 1(g) of Act No. 42 of 1969]
means a certificate issued under section 204(1)(b);
[Definition inserted by section 1(h) of Act No. 42 of 1969]
means a load line ship—
| (a) | engaged on an international voyage and of less than 24 metres in length; or |
| (b) | not engaged on an international voyage; |
[Definition substituted by section 1(d) of Act No. 5 of 1976]
means a local general safety certificate or a local safety exemption certificate;
[Definition substituted by section 1(n) of Act No. 13 of 1965]
means a certificate issued under subparagraph (i) of paragraph (b) of subsection (1) of section one hundred and ninety-four;
means any appliance or combination of appliances assembled, arranged or connected and which is used or intended to be used for converting any form of energy to perform work, or which is used or intended to be used, whether incidental thereto or not, for generating, receiving, storing, containing, transforming, transmitting, transferring or controlling any form of energy;
[Definition inserted by section 1(e) of Act No. 18 of 1992]
means a notice described as such and issued by the Authority;
[Definition substituted by section 2(2) of Act No. 5 of 1998]
means the Maritime Labour Convention, 2006, done at Geneva on 7 February 2006, as set forth in the Seventh Schedule, and as modified by any amendment made under Article XIV of that Convention that has entered into force in the Republic;
[Definition inserted by section 1(c) of Act No. 12 of 2015]
means, in relation to a ship, any person (other than a pilot) having charge or command of such ship;
means—
| (a) | at a place in the Republic, a person registered as such under the Medical, Dental and Supplementary Health Service Professions Act 56 of 1974; or |
| (b) | at a place outside the Republic, a person who is entitled to practise as such under the law in force in that place; |
[Definition substituted by section 1(e) of Act No. 5 of 1976]
means the Minister of Transport;
[Definition substituted by section 1(f) of Act No. 18 of 1992]
means a distance of 1 852 metres; and "mile" has a corresponding meaning;
[Definition substituted by section 1(l) of Act No. 23 of 1997]
in relation to a seafarer means the wife or parent or a grandparent, child, grandchild, brother or sister of the seafarer or the guardian or the person having the custody of a child of the seafarer;
[Definition substituted by section 29(i) of Act No. 12 of 2015]
"occupational safety"
means the safety of any employee working on or in a ship and whilst boarding or leaving the ship;
[Definition substituted by section 1(m) of Act No. 23 of 1997]
means an officer as that expression is defined by section 1 of the Customs and Excise Act 91 of 1964;
[Definition substituted by section 1(f) of Act No. 5 of 1976]
"owner"
means any person to whom a ship or a share in a ship belongs, except as provided otherwise by regulation;
[Definition substituted by item 1(c) (Schedule 2) of Act No. 58 of 1998]
[Definition deleted by section 31(d) of Act No. 69 of 1962]
"passenger"
means any person carried in a ship, except—
| (a) | a person employed or engaged in any capacity on board the ship on the business of the ship; |
| (b) | a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner nor the charterer (if any) could have prevented; and |
| (c) | a child under one year of age; |
means a ship which carries more than twelve passengers;
"passenger ship safety certificate"
means such a certificate, issued in conformity with the Safety Convention under paragraph (a) or (c) of section 192, or deemed in accordance with the provisions of section 202(1)(a) to have been so issued;
[Definition substituted by section 1(n) of Act No. 23 of 1997]
[Definition deleted by section 1(p) of Act No. 13 of 1965]
"port"
in relation to—
| (a) | a port in a country other than the Republic, means a place, whether proclaimed a public harbour or not, and whether natural or artificial, to which ships may resort for shelter or to ship or unship goods or passengers; and |
| (b) | a port in the Republic, means a harbour of which Transnet Limited has become the owner in terms of section 3 of the Legal Succession to the South African Transport Services Act 9 of 1989, or a fishing harbour as defined in section 1 of the Sea Fishery Act 12 of 1988, or any place which has under this Act or any other law been designated as a place from or at which any vessel or a vessel of a particular type may be launched, beached, moored or berthed; |
[Paragraph (b) substituted by section 1(h) of Act No. 18 of 1992]
[Definition substituted by section 1(a) of Act No. 25 of 1985]
in relation to a ship, means its home port as selected or changed in accordance with the Ship Registration Act, 1998;
[Definition substituted by item 1(d) (Schedule 2) of Act No. 58 of 1998]
"prescribed"
means prescribed by this Act;
"principal officer"
means the officer in charge of the office of the Authority at a port;
[Definition substituted by section 2(2) of Act No. 5 of 1998]
means the officer designated by the Authority to be the proper officer at the place or in respect of the area and in respect of the matter to which reference is made in the provision of this Act in which the expression occurs; or if no such designation has been made—
| (a) | at a place in the Republic, a principal officer or, where there is no principal officer, the Controller of Customs and Excise; or |
[Paragraph (a) substituted by section 1(b) of Act No. 24 of 1974]
| (b) | at a place outside the Republic but within a treaty country, in the following order: |
| (i) | a career consular representative of the Republic; or |
[Paragraph (b)(i) substituted by section 1(j) of Act No. 42 of 1969]
| (ii) | a diplomatic representative of the Republic; or |
| (iii) | the person who, in terms of the law in force in the treaty country, is entrusted with the function or charged with the duty to which reference is made in the provision of this Act in which the expression occurs; or |
| (iv) | a consular representative of a treaty country (other than the Republic); or |
| (v) | a diplomatic representative of a treaty country (other than the Republic); or |
[Paragraph (b) substituted by section 31(e) of Act No. 69 of 1962]
| (c) | at a place outside any treaty country, the person, and in the order, indicated, in subparagraphs (i) of (ii) of (iv) and (v) of paragraph (b); or |
[Paragraph (c) substituted by section 31(e) of Act No. 69 of 1962]
| (d) | at a place outside the Republic, where there is no proper officer as defined in paragraph (b) or (c) of any master of a South African ship who is specially authorized in writing to act as proper officer by the Authority, but only in relation to the functions and duties in respect of which, and subject to the conditions subject to which, he has been so authorized to act; |
[Paragraph (d) added by section 31(e) of Act No. 69 of 1962]
[Definition substituted by section 1(b) of Act No. 24 of 1974]
in relation to a master or seafarer discharged or left behind, means—
| (a) | the port at which the master or seafarer was engaged; or |
| (b) | a port in a country in which the master or seafarer is domiciled; or |
| (c) | a port agreed to as such by the master or seafarer, as decided by the proper officer; |
[Definition substituted by section 29(a) of Act No. 12 of 2015]
"Protocol of 1978 relating to the Safety Convention"
means the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974 done at London on 17 February 1978, the English text of which is set forth in the Second Schedule, as modified by any amendment made under Article VIII of the International Convention for the Safety of Life at Sea, 1974, as incorporated in that Protocol by Article II of that Protocol, that has entered into force for the Republic;
[Definition inserted by section 1(o) of Act No. 23 of 1997]
[Definition deleted by section 1(q) of Act No. 13 of 1965]
"qualified safety certificate"
[Definition deleted by section 1(r) of Act No. 13 of 1965]
"qualified safety equipment certificate"
[Definition deleted by section 1(s) of Act No. 13 of 1965]
"qualified safety radio exemption certificate"
[Definition deleted by section 1(t) of Act No. 13 of 1965]
"qualified safety radiotelegraphy certificate"
[Definition deleted by section 1(u) of Act No. 13 of 1965]
[Definition deleted by section 1(v) of Act No. 13 of 1965]
means the regulations made under paragraph (a) of subsection (2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety Convention, or such regulations as applied under subsection (3) of the said section;
[Definition substituted by section 1(w) of Act No. 13 of 1965]
"recognized non-South African"
used in relation to a safety convention certificate or an international load line certificate, signifies that the certificate has been issued by or under the authority of the Government of a country other than the Republic to which the Safety Convention or the Load Line Convention, as the case may be, applies, and that the certificate complies with the regulations made under paragraph (a) of subsection (2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety Convention or with those made under paragraph (c) of that subsection to give effect to the relative provisions of the Load Line Convention, respectively;
[Definition substituted by section 1(x) of Act No. 13 of 1965]
in relation to a ship (except with reference to the law of another country) of means registered or deemed to be or regarded as registered under the Ship Registration Act, 1998;
[Definition inserted by item 1(e) (Schedule 2) of Act No. 58 of 1998]
"register tons" and "register tonnage"
mean, in relation to a South African ship, the tonnage of the ship, either gross or net as the case may be, recorded in the register mentioned in section 33 of the Ship Registration Act, 1998, and in the case of any other ship, the tonnage accepted or determined by the Minister, Authority or proper officer;
[Definition substituted by item 1(f) (Schedule 2) of Act No. 58 of 1998]
"regulation"
means a regulation made under this Act;
"safe"
means free from any threat which may cause bodily injury, illness or death, and free from any hazard as far as practicable;
[Definition substituted by section 1(p) of Act No. 3 of 1997]
means any person appointed in terms of section 355A(1)(a);
[Definition inserted by section 1(i) of Act No. 18 of 1992]
"safety committee"
means a committee appointed in terms of section 355A(1)(a);
[Definition inserted by section 1(i) of Act No. 18 of 1992]
means the International Convention for the Safety of Life at Sea done at London on 1 November 1974, the English text of which is set forth in the Second Schedule as modified by any amendment made under Article VIII of that Convention that has entered into force for the Republic and, after the date on which the Protocol of 1978 relating to the Safety Convention enters into force for the Republic, as also modified by that Protocol;
[Definition substituted by section 1(q) of Act No. 23 of 1997]
means a passenger ship safety certificate, a cargo ship safety construction certificate, a cargo ship safety equipment certificate, a cargo ship safety radio certificate or an exemption certificate;
[Definition substituted by section 1(r) of Act No. 23 of 1997]
[Definition deleted by section 1(z) of Act No. 13 of 1965]
[Definition deleted by section 1(aa) of Act No. 13 of 1965]
means any person appointed in terms of section 355A(1)(a);
[Definition inserted by section 1(j) of Act No. 18 of 1992]
[Definition deleted by section 1(bb) of Act No. 13 of 1965]
[Definition deleted by section 1(cc) of Act No. 13 of 1965]
[Definition deleted by section 1(dd) of Act No. 13 of 1965]
"safety representative"
means any person elected in terms of section 355A(1)(b);
[Definition inserted by section 1(j) of Act No. 18 of 1992]
means any standard, irrespective of whether or not it has the force of law, which, if applied for the purposes of this Act, will in the opinion of the Minister promote the attainment of an object of this Act;
[Definition inserted by section 1(j) of Act No. 18 of 1992]
means the Post Office Savings Bank, or a bank registered under the Banks Act 94 of 1990, or, in respect of the allotment of premiums, a person registered or deemed to be registered as an insurer under the Insurance Act 27 of 1943, or any other body designated by the Authority;
[Definition substituted by section 1(s) of Act No. 23 of 1997]
means any person (except a master, pilot or cadet) employed or engaged in any capacity as a member of the crew of a ship;
[Definition inserted by section 1(d) of Act No. 12 of 2015]
means any ship exclusively employed in seal-catching;
[Definition substituted by section 3 (k) of Act No. 30 of 1959]
"seaman"
[Definition deleted by section 1(e) of Act No. 12 of 2015]
[Definition deleted by section 1(d) of Act No. 3 of 1981]
includes—
| (a) | a fracture of the skull, spine or pelvis; |
| (b) | a fracture of any bone other than a bone in the wrist, hand, ankle or foot, or a single rib; |
| (c) | the amputation of a hand or foot; |
| (d) | the loss of sight of an eye; |
| (e) | frost-bite of any bodily extremity which may lead to permanent disfigurement; or |
| (f) | any impairment of a person's physical condition owing to— |
| (i) | the use of machinery; |
| (ii) | an electrical shock; |
| (iii) | the exposure to hazardous working conditions or hazardous substances or articles; or |
| (iv) | the exposure to natural or artificial environmental extremes, |
on board a vessel which results in that person being admitted to hospital as a patient for more than 24 consecutive hours, or would have resulted in his being so admitted had he been within reach of a hospital;
[Definition inserted by section 1(l) of Act No. 18 of 1992]
means any kind of vessel used in navigation by water, however propelled or moved, and includes—
| (a) | a barge, lighter or other floating vessel; |
| (b) | a structure that is able to float or be floated and is able to move or be moved as an entity from one place to another; and |
| (c) | a dynamically supported craft; |
and "vessel" has a corresponding meaning;
[Definition substituted by section 1(t) of Act No. 23 of 1997]
means a navigating officer or engineer officer, whether certificated or uncertificated, employed as such on board a ship, but does not include a master; and any reference to a ship's officer shall, in its application to a ship in which a mate, boatswain, marine engineman or assistant marine engineman is employed, be construed as including a reference to a mate, boatswain, marine engineman or assistant marine engineman;
"shore-based whaling boat"
means a whaling boat which delivers the whole of its catch to be processed in a factory established ashore in the Republic;
"side wall craft"
means any air-cushion vehicle of which the walls extending along the sides are permanently immersed hard structures;
[Definition inserted by section 1(d) of Act No. 16 of 1995]
[Definition deleted by section 1(ee) of Act No. 13 of 1965]
"small vessel"
means a vessel of less than twenty-five gross tons and of more than three metres in length;
[Definition inserted by section 1(e) of Act No. 3 of 1981]
"South African ship"
means a ship that is registered or licenced in the Republic;
[Definition substituted by section 1(f) of Act No. 12 of 2015]
means a certificate issued under subsection (1) of section two hundred and seventeen;
means any sporting or recreational activity carried on in, on or under the water, irrespective of whether that activity is of a competitive nature or whether prizes are involved, provided it is not carried on for commercial purposes;
[Definition inserted by section 1(b) of Act No. 25 of 1985]
means—
| (a) | any provision occurring in a specification, compulsory specification, code of practice or standard method within the meaning of the Standards Act 29 of 1993; or |
[Paragraph (a) substituted by section 1(v) of Act No. 23 of 1997]
| (b) | any provision occurring in any specification, code or any other directive having standardization as its aim and issued by an institution or organization inside or outside the Republic which, whether generally or with respect to any particular article or matter and whether internationally or in any particular country or territory, seeks to promote standardization; |
[Definition inserted by section 1(m) of Act No. 18 of 1992]
means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers done at London on 7 July 1978, as modified by any amendment made under Article XII of that Convention that has entered into force for the Republic;
[Definition substituted by section 1 of Act No. 57 of 1998]
[Definition deleted by item 1(h) (Schedule 2) of Act No. 58 of 1998]
means any person recognized or appointed in terms of section 4(b);
[Definition substituted by item 1(i) (Schedule 2) of Act No. 58 of 1998]
includes any proclamation, notice, rule or regulation issued or made thereunder;
"timber cargo regulations"
means the regulations made under section 356(2)(a) to give effect to the relative provisions of the Safety Convention, or such regulations as applied under subsection (3) of section 356;
[Definition substituted by section 1(w) of Act No. 23 of 1997]
means the International Convention on Tonnage Measurement of Ships done at London on 23 June 1969, as modified by any amendment made under Article 18 of that Convention that has entered into force for the Republic;
[Definition substituted by section 1(x) of Act No. 23 of 1997]
in relation to any provision of this Act, means the Republic and any country, including any colony, protectorate or territory subject to the authority or under suzerainty of such country or any territory over which a mandate or trusteeship is exercised by such country, which is a party to any bilateral treaty or agreement entered into by the Republic in connection with any matter dealt with in such provision;
[Definition inserted by section 31(f) of Act No. 69 of 1962]
means a ship registered at any place in a treaty country under the relative laws in force at that place or any ship which by the law of a treaty country is recognized as a ship belonging to that treaty country;
[Definition inserted by section 31(f) of Act No. 69 of 1962]
used in relation to a vessel, means that she—
| (a) | is not in a fit state as to the condition of her hull, equipment or machinery, the stowage of her cargo or ballast, or the number or qualifications of her master or crew, or in any other respect, to encounter the ordinary perils of the voyage upon which she is engaged or is about to enter; or |
| (b) | does not comply with the conditions of assignment to the extent set forth in paragraph (c) of section two hundred and seven; or |
| (c) | is loaded beyond the limits allowed— |
| (i) | by a load line certificate issued in the Republic under this Act; or |
| (ii) | if she is a load line ship, registered in a country in which the Load Line Convention applies, by a recognized non-South African international load line certificate; or |
[Subparagraph (ii) substituted by section 1(gg) of Act No. 13 of 1965]
| (iii) | by a load line certificate to which a notice issued under section two hundred and eighteen applies: |
[Subparagraph (iii) substituted by section 1(f) of Act No. 40 of 1963]
Provided that a safety convention ship not registered in the Republic, in respect of which a recognized non-South African safety convention certificate is produced, shall not be deemed unseaworthy, as regards the condition of her hull, equipment or machinery, unless it appears, on the report of a surveyor, that she cannot proceed to sea without danger to human life owing to the fact that the actual condition of the hull, equipment or machinery does not correspond substantially with the particulars stated in the certificate;
[Definition substituted by section 1(f) of Act No. 40 of 1963]
in relation to machinery, means any person who uses machinery on a vessel for his own benefit;
[Definition inserted by section 1(a) of Act No. 18 of 1992]
[Definition deleted by section 1(y) of Act No. 23 of 1997]
includes any emoluments;
means any ship engaged exclusively in whale-catching, or on which any processing takes place of the bodies or any portion of the bodies of the whales caught by other whaling boats;
means the Work in Fishing Convention, 2007, done at Geneva on 30 May 2007, as set forth in the Eighth Schedule, and as modified by any amendment made under article 45 of that Convention that has entered into force in the Republic:
[Definition inserted by section 1(g) of Act No. 12 of 2015]
means any place on a vessel where an employee performs work in the course of his employment;
[Definition inserted by section 1(o) of Act No. 18 of 1992]
includes flotsam, jetsam, lagan and derelict found in or on the shores of the sea or of any tidal waters of the Republic, any portion of a ship or aircraft lost, abandoned, stranded or in distress, any portion of the cargo, stores or equipment of such ship or aircraft and any portion of the personal property on board such ship or aircraft when it was lost, abandoned, stranded or in distress and belonged to any person who was on board that ship or aircraft at that time;
means the calendar year, but for the purpose of the inspection of vessels required by this Act it means twelve calendar months from the date of the certificate of inspection or survey.
| (2) | [Section 2(2) deleted by section 31(g) of Act No. 69 of 1962] |
| (3) | Whenever in this Act reference is made to— |
| (a) | an act or omission by or a duty resting upon or a fault committed by a vessel; or |
| (b) | damage or loss suffered by a vessel; or |
| (c) | a liability resting upon a vessel, |
such reference shall, unless the context indicates otherwise, be construed as a reference to—
| (i) | an act or omission by or a duty resting upon or a fault committed by the person responsible for the navigation of the vessel in connection with the navigation thereof; or |
| (ii) | damage or loss suffered by the owner or the person having an interest in the vessel or her cargo or freight, in connection with the vessel or her cargo or freight; or |
| (iii) | a liability resting upon the person in charge of the vessel or upon the person who in law is answerable for the conduct of the person in charge of the vessel, in connection with such conduct, respectively. |
(4)
| (a) | In this Act references to a ship built or constructed before or after any date shall be construed as references to a ship the keel of which has been laid or which is at a similar stage of construction before or after that date, as the case may be. |
| (b) | In paragraph (a) "similar stage of construction" means the stage at which— |
| (i) | construction identifiable with the ship has begun; and |
| (ii) | assembly of the ship has commenced and comprises at least 50 tons or one per cent of the estimated mass of all structural material, whichever is less. |
[Subsection(4) substituted by section 1(z) of Act No. 23 of 1997]
| (5) | Any reference in this Act to an entry of an occurrence or other fact in the official log-book of a ship shall, in the application of the provision in which the reference occurs to a ship for which no official log-book is kept, be construed as a reference to a record of such occurrence or fact made otherwise than in an official log-book. |
| (6) | Any reference in this Act to any order or entry made or document issued under any provision of this Act shall, unless otherwise indicated, be construed as including a reference to an order or entry made or document issued under the corresponding provision of any law repealed by section one. |