South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998)NoticesDetermination of ChargesPart 1 : Definitions, Administrative and Normative Matters1. Definitions |
In this determination, any word or expression given a meaning in the Act has the given meaning and, unless the context indicates otherwise—
means a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk as defined in regulation 1(1) of the Marine Pollution (BCH Code) Regulations, 1998;
"cargo ship safety construction certificate"
"cargo ship safety equipment certificate" and
"cargo ship safety radio certificate"
have the same meanings as in section 2(1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951);
"certificate of fitness"
has the same meaning as in regulation 2(1) of the Merchant Shipping (Small Vessel Safety) Regulations, 2002;
"charge"
means a charge imposed by this determination;
"chemical tanker"
has the same meaning as in regulation 1(1) of Annex I to MARPOL73/78;
"continuous synopsis record"
means a continuous synopsis record within the meaning of the Merchant Shipping (Continuous Synopsis Record) Regulations, 2004;
"document of compliance"
has the same meaning as in regulation 3(1) of the Merchant Shipping (Safety Management) Regulations, 2003;
"exemption certificate"
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
"IBC Code certificate"
means an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk as defined in regulation 1(1) of the Merchant Shipping/Marine Pollution (IBC Code) Regulations, 1998;
"IGC Code certificate"
means an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk as defined in regulation 1(1) of the Merchant Shipping (IGC Code) Regulations, 1998;
"INLS certificate"
means an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued in conformity with Annex II to MARPOL 1973/78;
"interim ISSC"
has the same meaning as in regulation 3(1) of the Merchant Shipping (Maritime Security) Regulations, 2004;
means a charge applicable to ships that carry international certificates, as required by the SOLAS Convention;
"IOPP certificate"
means an International Oil Pollution Prevention Certificate issued in conformity with Annex I to MARPOL 1973/78;
"ISM Code certificate"
means a document of compliance or a safety management certificate;
"ISSC"
means an International Ship Security Certificate within the meaning of the Merchant Shipping (Maritime Security) Regulations, 2004;
"ISSC verification"
means determining whether a ship is ISSC verified in terms of regulation 79(1) of the Merchant Shipping (Maritime Security) Regulations, 2004;
"length"
means—
| (a) | in the case of a registered ship, the length shown in the certificate of registry; |
| (b) | in the case of a ship that is licensed under section 68 of the Merchant Shipping Act, 1951, the length shown in the licence; and |
| (b) | in the case of a ship that is neither registered nor licensed, the horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the hull; |
is a charge applicable vessel that are required to carry a local safety certificate, license, or certificate of fitness;
"load line certificate" and
"load line exemption certificate"
have the same meanings as in section 2(1) of the Merchant Shipping Act, 1951;
"local general safety certificate"
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
"local safety certificate" and "local safety exemption certificate"
have the same meanings as in section 2(1) of the Merchant Shipping Act, 1951;
means the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the 1978 Protocol;
"master"
means the person having command or charge of a ship, excluding a pilot;
"oil tanker"
has the same meaning as in regulation 1(4) of Annex I to MARPOL 73/78;
"owner"
in relation to a ship, means the person to whom the ship or a share in the ship belongs;
"passenger ship"
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
"passenger ship safety certificate"
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
"person"
has the same meaning as defined in Section 5(4) of the Act;
means a person, not belonging to a ship, who has the conduct thereof;
means a certificate referred to in section 24 of the Marine Pollution (Control and Civil Liability) Act, 1981 (Act No, 6 of 1981);
"port"
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
"principal officer"
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
"register"
means the South African Ships Register established by section 33 of the Ship Registration Act, 1998 (Act No. 58 of 1998); and "registered" has a corresponding meaning;
"safety certificate"
means a passenger ship safety certificate, a cargo ship safety construction certificate, a cargo ship safety equipment certificate, a cargo ship safety radio certificate, an exemption certificate, a local general safety certificate, a local safety exemption certificate or a certificate of fitness;
"safety management certificate"
has the same meaning as in regulation 3(1) of the Merchant Shipping (Safety Management) Regulations, 2003;
"service"
means any service or facility provided by the Authority, and includes any inspection or survey and the issue of any certificate or other document;
"ship security plan"
has the same meaning as in regulation 3(1) of the Merchant Shipping (Maritime Security) Regulations, 2004;
"SOLAS convention"
means the international convention for the safety of life at sea;
"small vessel"
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
"the Act"
means the South African Maritime Safety Authority Act, 1998;
"ton"
in relation to a ship, means its gross tonnage as calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969;
"tonnage certificate"
means a certificate referred to in regulation 11 of the Tonnage Regulations, 1986,
In this determination the expression, in relation to a service, of a charge in rand per hour is taken to include an officer's time spent travelling for the purpose of providing the service.