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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 5 : Foreign Regulated Ships

Division 2 - Control directions

93. Authority may give control directions

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(1)The Authority may give a direction to—
(a)the ship operator for a foreign 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 control direction.

 

(3)However, the Authority must not give a control direction unless the direction is—
(a)necessary for ensuring compliance with Division 1 of this Part; or
(b)a measure of a kind that can be imposed, under regulation XI-2/9 of the Safety Convention, by a port state on a foreign flagged ship.

 

(4)The action that a ship operator or master may be directed to take under subregulation (1) includes the following:
(a)removing the ship from South African 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 actions, 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.

 

(5)If a ship operator or master is directed to take the action mentioned in subregulation (4)(d), the ship concerned is taken to be detained in terms of the Act.

 

(6)A control direction has no effect until the Authority commits the direction to writing.