South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998)NoticesDetermination of Charges, 2024Part 1 : Definitions, Administrative and Normative Matters1. Definitions |
In this Determination, any word or expression given a meaning in the Act has the given meaning, unless the context indicates otherwise and—
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;
has the same meaning as in regulation 2(1) of the Merchant Shipping (National Small Vessel Safety) Regulations, 2007, as amended;
means a charge imposed by this Determination;
has the same meaning as in regulation 1(1) of Annex I to MARPOL;
means the Chief Executive Officer appointed under section 22(1) or (5) of the Act;
means a continuous synopsis record within the meaning of the Merchant Shipping (Continuous Synopsis Record) Regulations, 2004;
in ways of ISM has the same meaning as in regulation 3(1) of the Merchant Shipping (Safety Management) Regulations, 2003;
for the carriage of dangerous goods in ways of IMDG has the same meaning as in regulation 4(1) of the Merchant Shipping (Dangerous Goods) Regulations, 1997;
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
means a ship that is not registered in terms of the Ship Registration Act, 1998 (Act No. 58 of 1998) or not licenced in terms of the Merchant Shipping (licensing of vessels) Regulations, 2002;
means all kind of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically, as per Annex V of the MARPOL Convention, except those substances which are defined or listed in other Annexes to the present MARPOL Convention;
has the same meaning as in section 1(1) of the Merchant Shipping (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981);
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;
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;
means an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued in conformity with Annex II to MARPOL;
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;
means an International Oil Pollution Prevention Certificate issued in conformity with Annex I to MARPOL;
means an International Sewage Pollution Prevention Certificate issued in conformity with Annex IV to MARPOL;
means an International Air Pollution Prevention Certificate issued in conformity with Annex VI to MARPOL;
means an International Ship Security Certificate within the meaning of the Merchant Shipping (Maritime Security) Regulations, 2004;
means determining whether a ship is ISSC verified in terms of regulation 79(1) of the Merchant Shipping (Maritime Security) Regulations, 2004;
means a ship as defined by regulation (1) of the Regulations relating to the prevention and combating of pollution of the sea by oil;
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 |
| (c) | 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 to vessels required to carry a South African 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;
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;
means, in relation to a ship, any person (other than a pilot) having charge or command of such a ship
means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);
has the same meaning as in regulation 1(4) of Annex I to MARPOL;
in relation to a ship, means the person to whom the ship or a share in the ship belongs;
means a member of the staff of the Authority as in section 1 of the Act;
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
has the same meaning as defined in section 5(4) of the Act;
means a person, not belonging to a ship, who safely navigates vessels into or out of harbours, sounds, straits, bays, rivers, or lakes;
means a certificate referred to in section 24 of the Marine Pollution (Control and Civil Liability) Act, 1981 (Act No, 6 of 1981);
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
means a ship as defined by regulation (1) of the Regulations relating to the prevention and combating of pollution of the sea by oil;
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;
means a passenger ship safety certificate, a cargo ship safety equipment certificate, a safety exemption certificate, a local general safety certificate, a local safety exemption certificate or a certificate of fitness;
has the same meaning as in regulation 3(1) of the Merchant Shipping (Safety Management) Regulations, 2003;
means any service or facility provided by the Authority, and includes any inspection or survey and the issue of any certificate or other document;
has the same meaning as in regulation 3(1) of the Merchant Shipping (Maritime Security) Regulations, 2004;
means a ship that is registered or licenced in South Africa in terms of the Ship Registration Act, 1998 (Act No. 58 of 1998) and the Merchant Shipping (licensing of vessels) Regulations, 2002;
means the International Convention for the Safety of Life at Sea;
has the same meaning as in section 2(1) of the Merchant Shipping Act, 1951;
means the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998);
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;
means a certificate referred to in Regulation 11 of the Tonnage Regulations, 1986; and
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.