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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 8 : Enforcement Orders

Division 2 - Ship enforcement orders for South African regulated ships

111. Ship enforcement orders (South African regulated ships)

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(1)The Authority may give a direction to—
(a)the ship operator for a South African regulated ship; or
(b)the master of the ship,

requiring the ship operator or master to take specified action, or refrain from taking specified action, in relation to the ship.

 

(2)A direction under subregulation (1) is a ship enforcement order.

 

(3)The Authority may only give a ship enforcement order if it reasonably believes that—
(a)the South African regulated ship named in the ship enforcement order has operated in contravention of these regulations; and
(b)the ship enforcement order is necessary to safeguard against unlawful interference with maritime transport.

 

(4)The ship enforcement order must—
(a)bear a clear and direct relationship to the contravention; and
(b)be proportionate to the contravention.

 

(5)The action that a ship operator or master maybe directed to take under subregulation (1) includes the following:
(a)removing the ship from specified waters;
(b)removing the ship from a security regulated port;
(c)moving the ship within a security regulated port;
(d)holding the ship in a particular position for a specified period or until a specified event occurs;
(e)taking particular action, or ensuring that particular actions are taken, on board the ship;
(f)allowing an authorised officer on board the ship to inspect the ship or ship security records carried by the ship.

 

(6)If a ship operator or master is directed to take the action mentioned in subregulation (5)(d), the ship concerned is taken to be detained in terms of the Act.

 

(7)A ship enforcement order has no effect unless the Authority commits the direction to writing.