Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (National Small Vessel Safety) Regulations, 2007Part 1 : Preliminary2. Interpretation |
| (1) | In these regulations any word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context indicates otherwise— |
means approved by the Authority;
means the South African Maritime Safety Authority;
means a governing body, club or organisation designated under regulation 30(1);
in relation to a vessel, means the particular category of vessel determined as follows:
| (a) | Category A - vessels operating any distance from shore; |
| (b) | Category B - vessels operating less than 40 nautical miles from shore; |
| (c) | Category C - vessels operating less than 15 nautical miles from shore; |
| (d) | Category D - vessels operating less than 5 nautical miles from shore; |
| (e) | Category E - vessels operating not more than 1 nautical mile from shore and 15 miles from an approved launch site; |
| (f) | Category R—vessels operating solely on sheltered waters; |
[Regulation 2(f) substituted by regulation 5(a) of Notice No. R. 731 dated 11 July 2008]
means a certificate, including any relative endorsement, issued by a certifying authority pursuant to regulation 16(1) and entitling its lawful holder to act in the capacity and perform the functions involved on a vessel of the type, category, tonnage or length, power and means of propulsion concerned;
means a certificate issued under regulation 24;
means the Authority and, to the extent that it has been designated pursuant to regulation 30(1) to perform the functions of a certifying authority, an authorised agency;
means a harbour belonging to the National Ports Authority of South Africa;
[Definition deleted by regulation 5(b) of Notice No. R. 731 dated 11 July 2008]
means a vessel that is not a pleasure vessel;
[Definition inserted by regulation 5(c) of Notice No. R. 731 dated 11 July 2008]
in relation to a provision of these regulations, includes failing or refusing to comply with that provision;
means a competition, event or regatta organised by a governing body or authorised agency, or a club or an organisation affiliated with a governing body, and includes—
| (a) | activities to prepare for the event that take place at the venue for the event and during the times specified by the organiser of event; and |
| (b) | practice for the event under the supervision of a coach or an official approved by a governing body or authorised agency, or a club or organisation affiliated with a governing body; |
[Definition substituted by regulation 5(d) of Notice No. R. 731 dated 11 July 2008]
in relation to a vessel, means fully or partially decked;
means a vessel that is used in diving support activities;
means a police official, a safety officer, subject to regulation 31(3), and any person designated as an enforcement officer by the Authority;
[Definition substituted by regulation 5(e) Notice No. R. 731 dated 11 July 2008]
means a vessel that was built and used solely on inland waters before the commencement of these regulations;
[Definition substituted by regulation 5(e) of Notice No. R. 731 dated 11 July 2008]
has the same meaning as in section 1 of the Marine Living Resources Act 1998 (Act No. 18 of 1998);
in relation to—
| (a) | a vessel that is, or is to be, operated at sea, means seaward from the low-water line as defined in section 1 of the Maritime Zones Act 1994 (Act No. 15 of 1994); and |
| (b) | a vessel that is, or is to be, operated in sheltered waters, means— |
| (i) | for sheltered waters referred to in paragraphs (a) and (b) of the definition of "sheltered waters", from the low–water–line referred to in paragraph (a); and |
| (ii) | for any other sheltered waters, from the water-line on the adjacent shore; |
[Definition substituted by regulation 5(f) of Notice No. R. 731 dated 11 July 2008]
means a national water sport governing body—
| (a) | that publishes written rules and criteria in respect of conduct and safety requirements during skill demonstrations, formal training or controlled events; and |
| (b) | that— |
| (i) | certifies coaches and coaching programmes; |
| (ii) | certifies officials and programmes for officials; or |
| (iii) | recommends training and safety guidelines for certified coaches or officials; |
in relation to a vessel, means that buoyancy on water depends on separate inflated airtight chambers that are either completely collapsible or fitted with a rigid bottom section;
means declared inland waters as specified in a notice under section 3(9) of the Act;
[Definition substituted by regulation 5(g) of Notice No. R. 731 dated 11 July 2008]
means a mechanism that is attached to the skipper or operator of a vessel and that stops the engines when that person loses his or her footing or becomes otherwise incapacitated;
[Definition substituted by regulation 5(h) of Notice No. R. 731 dated 11 July 2008]
means the period of time between sunset and sunrise;
in relation to a vessel, means that the vessel is not safely ashore or made fast to a jetty, quay or mooring buoy;
[Definition substituted by regulation 5(i) Notice No. R. 731 dated 11 July 2008]
in relation to a vessel, means the horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the hull of the vessel;
in relation to a vessel, includes—
| (a) | a credit receiver or buyer in the case of a credit agreement in terms of the National Credit Act 2005 (Act No. 34 of 2005); and |
| (b) | any person entrusted by the owner with the care and control of the vessel; |
means a vessel that carries more than 12 passengers;
means a vessel that is used solely for sport or recreation;
means—
| (a) | a member of the South African Police Services as defined in section 1 of the South African Police Service Act 1995 (Act No. 68 of 1995); |
| (b) | a member of any Municipal Police Service established in terms of the South African Police Service Act 1995 (Act No. 68 of 1995); |
| (c) | a person designated by the Minister as a police official under regulation 31(2) of these regulations; or |
| (d) | a member of the South African National Defence Force deployed in co-operation with the South African Police Service; |
in relation to a vessel, means propelled primarily by mechanical means;
means a set of flares designed to be propelled upwards by means of a hand-operated triggering device not forming an integral part of the flare;
in relation to—
| (a) | the sea-shore as defined in section 1 of the Sea-Shore Act 1935 (Act No. 21 of 1935); |
| (b) | the shore of any other body of water to which these regulations apply; or |
| (c) | any sheltered waters, |
means the person, body or authority having jurisdiction over the shore or waters concerned;
[Definition substituted by regulation 5(j) of Notice No. R. 731 dated 11 July 2008]
means a person designated under regulation 30(4);
means a vessel provided with sufficient sail area for navigation under sail alone whether or not fitted with mechanical means of propulsion;
does not include sheltered waters referred to in paragraphs (a) and (b) of the definition of "sheltered waters";
[Definition substituted by regulation 5(k) of Notice No. R. 731 dated 11 July 2008]
means any of the following:
| (a) | a tidal lagoon or a tidal river as defined in section 1 of the Sea-Shore Act 1935 (Act No. 21 of 1935); |
| (b) | the waters within the breakwaters of any port in the Republic; |
| (c) | inland waters; |
[Definition inserted by regulation 5(l) of Notice No. R. 731 dated 11 July 2008]
means the master;
means specified by the Authority in a marine notice;
in relation to materials or an appliance or item of equipment, means suitable for the service for which it is intended;
means a vessel not exceeding four metres in overall length that is used solely in sheltered waters for the conveyance of persons or stores from the shore to a vessel, or vice versa, or from one vessel to another vessel without financial gain or reward;
[Definition substituted by regulation 5(m) of Notice No. R. 731 dated 11 July 2008]
means the Merchant Shipping Act 1951 (Act No. 57 of 1951);
in relation to a vessel, means that the vessel is not at anchor or made fast to the shore or aground;
[Definition substituted by regulation 5(n) of Notice No. R. 731 dated 11 July 2008]
includes towing a person or persons on any device behind a vessel, and the noun has a corresponding meaning.
[Definition substituted by regulation 5(o) of Notice No. R. 731 dated 11 July 2008]
| (2) | Any reference in these regulations to the owner of a vessel is, if there is more than one owner of the vessel, to be read as a reference to each of the owners. |
| (3) | For the purposes of these regulations, a vessel is taken to be at sea or being operated at any time when it is not securely ashore or moored in a safe berth. |
| (4) |
| (a) | For greater certainty, the Authority may from time to time publish a marine notice setting out the boundaries, or particular boundaries, of any sheltered waters specified in the notice. |
| (b) | Before publishing a marine notice under paragraph (a), the Authority must follow an appropriate consultation process. |
[Regulation 2(4) inserted by regulation 5(p) of Notice No. R. 731 dated 11 July 2008]