Merchant Shipping Act, 1951 (Act No. 57 of 1951)Preliminary3. Application of Act |
| (1) | [Section 3(1) deleted by section 1 of Act No. 49 of 1996] |
| (2) | This Act and any amendment thereof shall apply to Marion Island and Prince Edward Island: Provided that in its application voyages between ports in the Republic and ports in those islands shall be deemed to be voyages between ports in the Republic and ports outside the Republic. |
[Section 3(2) substituted by section 32(b) of Act No. 69 of 1962]
| (3) | This Act shall bind the State: Provided that the Minister may by notice direct that sections 102 to 109, inclusive, 113, 120 to 124, inclusive, 133, 134, 145, 188 and 323 shall not apply in respect of the master, seafarers of any ship named in the notice and belonging to the Government of the Republic or to Transnet Limited whose conditions of service are governed by laws other than this Act or statutory regulations other than regulations made under this Act. |
[Section 3(3) substituted by section 29(f) of Act No. 12 of 2015]
| (4) | Unless otherwise indicated, those provisions of this Act which apply to vessels which are registered or licensed in the Republic or which in terms of this Act are required to be so licensed shall so apply wherever such vessels may be. |
[Section 3(4) substituted by item 2(a) (Schedule 2) of Act No. 58 of 1998]
| (5) | Unless otherwise indicated, those provisions of this Act which apply to vessels other than those referred to in subsection (4) shall so apply only while such vessels are within the Republic or the territorial waters thereof. |
| (6) | The provisions of this Act shall not apply to ships belonging to the defence forces of the Republic or of any other country. |
[Section 3(6) substituted by section 2 of Act No. 13 of 1965]
| (7) | Except as provided otherwise by regulation, the provisions of this Act shall apply to any vessel or ship contemplated in section 68(3)(b) as if such vessel or ship were licensed in terms of this Act. |
[Section 3(7) substituted by item 2(b) (Schedule 2), Act 58 of 1998]
| (8) | The Minister may by notice in the Gazette declare that any of the provisions of this Act which are by that notice specified, subject to the exemptions, modifications and restrictions so specified, and which do not by virtue of the other provisions of this Act apply to a particular ship or to ships of a particular class, category or tonnage, shall apply to that ship or to ships of that class, category or tonnage: Provided that provisions which in terms of this Act apply only to South African ships shall not by any such notice be applied also to ships not registered in the Republic and vice versa. |
[Section 3(8) substituted by section 4 of Act No. 30 of 1959]
| (9) | The Minister may by notice in the Gazette declare that any of the provisions of this Act which are by that notice specified, subject to the exemptions, modifications and restrictions so specified, shall apply to any dams or other inland waters so specified. |
[Section 3(9) substituted by section 4 of Act 30 of 1959]
| (10) | If it has been made to appear to the Minister that the Government of any country other than the Republic is desirous that any of the provisions of this Act, which do not apply to the ships of that country should so apply, and there are no special provisions in this Act for that application, the Minister may by notice in the Gazette declare that such of those provisions as are by that notice specified (subject to the limitations, if any, contained therein) shall apply to the ships of that country and to the owners, masters and seafarers of those ships, when not locally within the jurisdiction of the government of that country, in the same manner in all respects as if those ships were ships registered in the Republic; and thereupon the provisions so specified shall, subject to such limitations, if any, so apply. |
[Section 3(10) substituted by section 29(c) of Act No. 12 of 2015]
| (11) | If the Minister is satisfied— |
| (a) | that ships registered in any country other than the Republic are required by the law in force in that country to comply with any provisions which are substantially the same as, or equally effective with, any of the provisions of this Act which apply to such ships while they are within the Republic or the territorial waters thereof; and |
| (b) | that that country has made or has undertaken to make provision for the exemption of South African ships while they are within that country or the territorial waters thereof from the corresponding requirements of the law of that country, |
he may by notice in the Gazette declare that the said provisions of this Act shall not apply to any ship of that country, while she is within the Republic or its territorial waters, if it is proved that the ship complies with the corresponding provisions of the law in force in that country; and thereafter upon such proof being furnished, the said provisions of this Act shall not apply to such ship.
[Section 3(11) substituted by section 2(b) of Act No. 40 of 1963]
| (12) | Unless otherwise indicated, only the provisions of sections 9(5), 223, 259, 264, 313, 343ter, 355A, 356 and 356ter, read with section 2, shall apply to— |
[Section 3(12)(a) substituted by section 2 of Act No. 57 of1998]
| (b) | all crew on board a vessel who have entered into a contract of employment with the master or with the owner or operator of such vessel, or any person who in the case of a vessel of less than 100 gross register tons can be regarded as crew on board such vessel; |
| (c) | every other person on board a vessel in the execution of his duties, or working on the exterior shell or appurtenances of a vessel, including the equipment used by such person, whether or not the vessel is afloat; |
[Section 3(12)(c) substituted by section 2 of Act No. 23 of 1997]
| (d) | every working gear, lifting gear, anchor or cable, any machinery, every gangway or accommodation ladder, any equipment or every appurtenance in or on a vessel which forms a part of the construction or equipment of such vessel, including any machinery or equipment brought on board a vessel and which does not form part of the equipment of such vessel. |
[Section 3(12)(d) substituted by section 2 of Act No. 23 of 1997]
[Section (12) inserted by section 2(c) of Act 18 of 1992]
| (13) | The provisions referred to in subsection (12) shall not apply to a vessel while being constructed or dismantled. |
[Section (13) inserted by section 2(c) of Act No. 18 of 1992]