Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Maritime Security) Regulations, 2004Part 1 : PreliminaryDivision 3 - Definitions3. Definitions |
| (1) | In these regulations the expression "the Act" means the Merchant Shipping Act, 1951 (Act No. 57 of 1951), and unless the context indicates otherwise, any expression given a meaning by the Act has the meaning so given, and— |
means a person mentioned in regulation 97;
means—
| (a) | possessions of a passenger or crew member— |
| (i) | that are carried, or intended to be carried, on board a ship; and |
| (ii) | to which the passenger or crew member will have general access while on board the ship; and |
| (b) | possessions of a visitor to a ship— |
| (i) | that are taken, or intended to be taken, on board the ship; and |
| (ii) | to which the visitor will have general access while oil board the ship; |
"cargo"
means goods, other than baggage or stores, that are transported, or intended to be transported, by ship;
"cargo ship" means any ship that is not a passenger ship, and includes—
| (a) | an oil tanker; |
| (b) | a chemical tanker; |
| (c) | a gas carrier; |
| (d) | a bulk carrier; and |
| (e) | a high-speed craft; |
"confidentiality requirement"
has the meaning given by regulation 31(2);
"contact details"
for a person, includes the person's business address, mailing address, fixed-line telephone number, mobile telephone number, fax number and email address;
"control direction"
has the meaning given by regulation 93(2);
"Convention State"
means a state (other than the Republic) that is a party to the Safety Convention;
"declaration of security"
means an agreement reached between a ship and another party (a ship or person), that identifies the security measures that each party will implement in specified circumstances;
"employee"
in relation to a maritime industry participant, means an individual—
| (a) | employed by the maritime industry participant; or |
| (b) | engaged under a contract for services between the individual and the maritime industry participant; |
"enforcement order"
means an order made under regulation 106;
"engage in conduct"
means—
| (a) | do an act; or |
| (b) | omit to perform an act; |
"foreign regulated ship"
has the meaning given by regulation 11;
"foreign ship"
means a ship that is not a South African ship;
"interim ISSC"
means an interim ISSC given under regulation 82;
"ISPS Code"
means the International Ship and Port Facility Security (ISPS) Code (as amended from time to time) as mentioned in Chapter XI-2 of the Safety Convention;
means an international ship security certificate within the meaning of the ISPS Code;
"ISSC verified"
has the meaning given by regulations 79(1) and (3);
"maritime industry participant"
means—
| (a) | a port operator; |
| (b) | a port facility operator; |
| (c) | the ship operator for a South African regulated ship; |
| (d) | the ship operator for a foreign regulated ship; |
| (e) | a contractor who provides services to a person mentioned in paragraphs (a) to (d); or |
| (f) | a port service provider; |
"maritime security level"
means—
| (a) | maritime security level 1; |
| (b) | maritime security level 2; or |
| (c) | maritime security level 3; |
"maritime security level 1"
means the maritime security level in force in terms of regulation 16;
"maritime security level 2"
means the maritime security level in force under regulation 17;
"maritime security level 3"
means the maritime security level in force under regulation 17;
"maritime security plan"
means a plan prepared for the purposes of Part 3;
"mobile offshore drilling unit"
means a ship capable of engaging in drilling operations for the purpose of exploring or exploiting resources beneath the seabed;
"Nicoc"
means the National Intelligence Co-ordinating Committee within the meaning of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994);
"organ of state"
means an organ of state within the meaning of the Constitution;
"passenger"
includes an intending passenger;
"passenger ship"
includes a high-speed passenger craft;
"port"
has the meaning given by regulation 6;
"port facility"
means an area of land or water, or land and water, within a security regulated port (including any buildings, installations or equipment in or on the area) used either wholly or partly in connection with the loading or unloading of ships;
"port facility operator"
means a person who operates a port facility;
"port operator"
has the meaning given by regulation 8;
"port service provider"
means—
| (a) | a lighter or barge operator; |
| (b) | a line handling operator;, |
| (c) | a pilot boat operator; |
| (d) | a tug operator; |
| (e) | a person who provides one or more of the following port services: |
| (i) | offshore provisioning of ships; |
| (ii) | offshore transhipment of persons or goods; |
| (iii) | offshore ship repair; |
has the meaning given by regulation 86(3);
"security officer"
means a person designated by a maritime industry participant to implement and maintain—
| (a) | the participant's maritime security plan; or |
| (b) | the ship security plan for a ship operated by the participant; |
"security compliance information"
has the meaning given by regulation 103(1);
"security direction"
has the meaning given by regulation 29(2);
"security regulated port"
has the meaning given by regulation 7;
"security regulated ship"
has the meaning given by regulation 9;
"security zone"
means an area described in a maritime or ship security plan as an area in or in relation to which additional security measures have been, or will be, implemented, as set out in the plan;
"ship enforcement order"
has the meaning given by regulation 111(2);
"ship operator"
means—
| (a) | unless paragraph (b) applies, the owner of a security regulated ship; or |
| (b) | if, under an agreement between the owner of a security regulated ship and another person, the other person is to be the ship operator for the security regulated ship for the purposes of these regulations, that other person; |
means the interaction that occurs when a sec4rity regulated ship is directly and immediately affected by activities involving—
| (a) | the movement of persons or goods; or |
| (b) | the provision of port services to or from the ship; |
| (a) | for a South African regulated ship, means— |
| (i) | a document made for the purposes of keeping records required by regulation 84(1); and |
| (ii) | any information included in such a document; and |
| (b) | for a foreign regulated ship, means— |
| (i) | the security plan for the ship as mentioned in Part A of the ISPS Code; |
| (ii) | the ISSC, or approved ISSC equivalent, for the ship; and |
| (iii) | any other document or information of a kind required by Part A of the ISPS Code to be kept on the ship; |
"South African continental waters"
means—
| (a) | South African waters; |
| (b) | the waters of the exclusive economic zone of the Republic; and |
| (c) | the waters beyond the outer limits of the exclusive economic zone of the Republic but over the continental shelf of the Republic; |
"South African regulated ship"
has the meaning given by regulation 10(1);
"South African ship"
includes an unregistered ship having South African nationality;
"South African waters"
means the internal and territorial waters of the Republic;
"stores"
means items that are to be carried on board a ship for use, sale or consumption on the ship;
"unlawful interference with maritime transport"
has the meaning given by regulation 5;
"valid ISSC"
for a ship at a particular time, means an ISSC for the ship that is in force at that time.
| (2) | An expression used in these regulations and in the ISPS Code has in these regulations the same meaning as in the ISPS Code, unless the context indicated otherwise. |
| (3) | For the purposes of these regulations, a ship of a kind mentioned in regulation 10(1) is taken to be used for maritime transport if it is being used as a ship of that particular kind. |