Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Marine Pollution (IBC Code)) Regulations, 1998

1. Interpretation
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(1) In these regulations, any word or expression given a meaning in the Merchant Shipping Act and the Marine Pollution Act has that meaning and, unless the context indicates otherwise—

 

"1974 SOLAS Convention"

means the International Convention for the Safety of Life at Sea, 1974, as amended;

 

"Annex II"

means Annex II to MARPOL 1973/78 as set out in the Schedule to the Marine Pollution Act;

 

"Authority"

means the Director-General: Transport or as respects his or her functions being discharged by another authority or person, that authority or person;

 

"BCH Code"

means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1993 Edition) published by the International Maritime Organisation, as amended from time to time;

 

"Cargo Ship Safety Construction Certificate", "Cargo Ship Safety Equipment Certificate" and "Cargo Ship Safety Radio Certificate"

mean respectively the certificates so entitled issued in conformity with the 1974 SOLAS Convention, and, in the case of a South African ship, under or pursuant to the Merchant Shipping Act;

 

"chemical tanker"

means a self-propelled cargo ship of 25 gross tons or more constructed or adapted and used for the carriage in bulk of any liquid substance listed in Chapter 17 of the IBC Code, but excludes offshore support vessels or dry cargo ships with deep tanks;

 

"constructed"

in relation to a ship, means having its keel laid or being at a similar stage of construction; and "similar stage of construction" means the stage at which—

(a) construction identifiable with a specific ship begins; and
(b) assembly of that ship has commenced, comprising at least 50 tons or one percent of the estimated mass of all structural material, whichever is less;

 

"IBC Code"

means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1994 Edition) published by the International Maritime Organisation, as amended from time to time;

 
"IGC Code"

means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk set out in the Annex to resolution MSC.5(48) adopted by the Maritime Safety Committee of the International Maritime Organisation on 17 June 1983, as amended from time to time;

 

"in bulk"

means directly and without intermediate form of containment in a tank forming a structural part of or permanently attached to a ship;

 

"International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk"

in relation to—

(a) a South African ship, means a certificate issued pursuant to regulation 5; and
(b) any other ship, means a certificate issued in conformity with Chapter 1 of the IBC Code by or on behalf of the government of the State in which the ship is registered;

 

"Marine Pollution Act"

means the Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No. 2 of 1986);

 

"MARPOL 1973/78"

means the International Convention for the Prevention of Pollution from Ships, 1973, as amended;

 

"Merchant Shipping Act"

means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);

 

"pollution hazard substance"

means a substance listed in column "a" of the table in Chapter 17 of the IBC Code and having against it in column "d" thereof an entry "P" only;

 

"surveyor"

has the meaning given in section 2(1) of the Merchant Shipping Act.

 

(2) In interpreting the IBC Code—
(a) the requirements having been made mandatory under regulation 3 the language thereof must be construed accordingly;
(b) the definitions set out in Chapter 1, paragraph 1.3 thereof, apply;
(c) references to the Administration, in relation to South African ships, and to the Port Administration, in relation to all ships in the Republic, are references to the Authority.