Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Maritime Security) Regulations, 2004Part 2 : Maritime Security Levels and Security DirectionsDivision 2 - Notifying maritime security level 2 and 3 declarations and revocations23. Notifying declarations covering security regulated ports |
| (1) | If the Director -General declares that a maritime security level is in force for a security regulated port, the Director-General must, as soon as practicable, notify— |
| (a) | the port operator; and |
| (b) | each maritime industry participant who is required to have a maritime security plan and who— |
| (i) | controls an area within the boundaries of the security regulated port; or |
| (ii) | operates within the boundaries of the security regulated port. |
| (2) | If the Director-General gives a port operator notice of a declaration under subregulation (1), the port operator must, as soon as practicable. Give notice of the declaration to— |
| (a) | every maritime industry participant who is covered by die port operator's maritime security plan and who— |
| (i) | controls an area within the boundaries of the security regulated port; or |
| (ii) | operates within the boundaries of the security regu1aed port; and |
| (b) | the master of every security regulated ship that is within the port or about to enter the port. |
| (3) | If a port operator fails to comply with subregulation (3), the port operator commits an offence punishable upon conviction by a fine or by imprisonment for a period not exceeding 12 months. |
| (4) | Subregulation (3) does not apply if the port operator has a reasonable excuse. |