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

Regulations

Merchant Shipping (Safety Management) Regulations, 2003

3. Interpretation
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(1)In these regulations any word or expression given a meaning in the Act has the meaning so given and, unless the context indicates otherwise—

 

"audit"

means a systematic and independent examination, carried out in accordance with the Guidelines, to determine whether the relevant safety management system is suitable to meet the objectives set out in paragraph 1.2 of the ISM Code, and, so far as the system has been operated, that the system has been effectively implemented;

 

"authorised person"

means a person authorised by the Authority to carry out inspections and audits for the purpose of these regulations, and includes a surveyor;

 

"bulk carrier"

has the same meaning as in regulation IX/1 of the Safety Convention;

 

"cargo ship"

means a mechanically propelled ship that is not a passenger ship, troop ship, pleasure vessel or fishing vessel;

 

"chemical tanker"

has the same meaning as in regulation IX/1 of the Safety Convention;

 

"company"

in relation to a ship, means the owner of the ship or any other person such as the manager, or the bareboat charterer, who has assumed responsibility for the ship's operation from the owner;

 

"contravene"

in relation to a provision of these regulations, includes failing or refusing to comply with that provision;

 

"Document of Compliance"

means the Document of Compliance referred to in regulation IX/4 of the Safety Convention;

 

"fishing vessel"

means any fishing, sealing or whaling boat;

 

"gas carrier"

has the same meaning as in regulation IX/1 of the Safety Convention;

 

"high-speed craft"

has the same meaning as in regulation IX/1 of the Safety Convention;

 

"IMO"

means the International Maritime Organization;

 

"ISM Code"

means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by IMO Assembly Resolution A.741(18), as may be amended from time to time;

 

"mobile offshore drilling unit"

has the same meaning as in regulation IX/1 of the Safety Convention;

 

"oil tanker"

has the same meaning as in regulation IX/1 of the Safety Convention;

 

"pleasure vessel"

means a ship that is used solely for sport or recreation;

 

"Safety Management Certificate"

means the Safety Management Certificate referred to in regulation IX/4 of the Safety Convention;

 

"safety management system"

means a structured and documented system enabling company personnel to implement effectively the company safety and environmental protection policy;

 

"South African ship"

includes an unregistered ship having South African nationality;

 

"the Act"

means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);

 

"the Guidelines"

means the Revised Guidelines on the Implementation of the International Safety Management (ISM) Code by Administrations adopted by IMO Assembly Resolution A.913(22), as may be amended from time to time;

 

"tons"

in relation to a ship, means its gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 to the Tonnage Convention.

 

(2) For the purpose of interpreting the ISM Code—
(a) "should" is to be read as "shall"; and
(b) references to the Administration are, in relation to South African ships, to be read as references to the Authority.