Antigua and Barbuda Merchant Shipping (Amendment) Act, 2007 (No. 12 of 2007)

800--12.07 ANTIGUA AND BARBUDA THE ANTIGUA AND BARBUDlo\. MERCHANT SHIPPING (AMENDMENl) ACf. 2007 No. 12 of 2007 {Published in the Official Gazette Vol. XXVlll No.5 dated 17th January, 2008. ] Printed at the Gcvemmeet Printil'lg Office. Antigua lIDd :garbud~ by Paget M. Terry,Acting.GovernmentPrinter By Authority.2007. [Price $3.30J The Antigua and Barbuda MerchantShipping (A~n~nljAc~ 2007 2 No. 12 of 2007. NO. 12 Of 2007. 3 Jhe Antigua ana narouaa Merchant Shlppmg (Amendment)Act, 1007. THE ANTIGUA AND BARBUDA MERCHANT SHIPPING (AMENDMENT) ACT, 2007 ARRANGEMENT Seetionc 1. Short title 2. Interpretation 3. New section 6A - Additional offices ofADOMS 4. New section I1A - Ships under construction 5. Amendment to section 13 6. Amendments to section 23 7. New sections 26A and 268 - Fees and Refundlof'fees 8. Amendments to section 115 9. Amendment to section 133 10. Amendment to section 173 11 Amendment to Second Schedule TheAntigua and Barbuda Merchant Shipping (Amendmem)Act. 2007. 4 No. 12 of2007. No. 12 of2007. 5 The Antigua and Barbuda Merchant Shipping (Amendmenl)Act, 2007. •I Assent, Louise Lake-Tack, r;{)1JprP/flr r;pnProJ 16th November, 2007 ANTIGUA AND BARBUDA THE ANnGUA ANP BARBUPA MERCHANT SHIPPING (AMENDMENT) i\Cf. 2007 NO. 11 Off 2007 AN ACT to amend the Antigua and Barbuda Merchant Shipping Act, 2006, so as to permit the Antigua and Barbuda Department of Marine Services and Merchant Shipping to establish offices nllt";tl.,,,ofAntig"" ..no:J l:lflroudll., to allow regirtration :for ship£ WldeT cor.ll:truction, to ~IiGb regie tration fees and criteriafor the refund of fees, to extend to Antigua and Barbuda the provisions of Annex VI of the International Convention to Prevent Pollution from Ships, to revise the provisions relating to birthsand deaths at seaand for incidental and connected purposes. ENACTED by the Parliament of Antigua andBarbudaas follows: 1. Short tine This Al;t m4Y be cited ~ Lht: Auugua and Barbuda Merchant Shipping (Amendmem) Act, 2007. 2. Interpretatwn Tn thi~ Act, the "principal Act" m'1'MS the AntiguA and Barbuda Merchant Shipping Act, 2006. 3. New section 6A Theprincipal Act isamended by inserting aftersection 6 the foJlowing section "6A. Additional officesofADOMS (1) TheMinister may establish additional offices of ADOMS outside Antigua and Barbuda. The Anngua and Barbuda Merchun: Shipping (Amendment)Act, 2007. 6 No. 12 of2007. (2) The Directorshall, on the directionof the Minister,assignthe duties to the additionaloffices that th~Mini~di~." 4. New semon llA The principal Act is amended by inserting after section 11 the following section "11A. Ships under construction A ship that is under construction whose keel has been laid and which is wholly owned by persons specrtied in subsection11(I) may be registered as a ship underconstruction, Wid :SC:I:;. tions 16 to 19 shall not apply to such a ship untilconstructionis finished." 5. Amendment to section 13 The principalAct is amendedbyreplacingparagraph 13(l)(b) with the following "(b) a register for yachts;" 6. Amendlpent to section 23 The principal Act is amendedin section23 (a) in SUbsection 23(2) by deletingtheword "reg1slnU1on" and sulmtiwtiug tht: word "regis try" after the words"certificateof'; (b) in subsection23(3) by deletingthe word "tithe" and substituting the word "title", 7. New Sections16A and 16B The principalAct is amended by insertingafter section26 the following sections "26A. Fees (I) The owner of anAntiguaand Barbuda ship shallpay the prescribedregistration fee in respect of a ship upon its registration. (2) Theownerof anAntiguaandBarbudaship registeredpermanently shallpay,everyyear on the anniversary date of its initial registration,the prescribedannual fee in respect of that ship for that year. (3)The ownerof anAntiguaand Barbudaship registeredfor bareboatchartershallpay,everytwo yearson theanniversarydateof its initialregistration, the prescribedfee in respectof that shipforthat two-yearperiod. NQ. 12 on007. 7 The Antigua and Barbuda Merchant Shipping (Amendment)Act. 1007. (4) Ifthe owner fails to pay the fee, the Registrarmay suspend the certificate ofregistry ofthe ship. (5) Where a ship bas been re-measured and the tennageascertained, the new tonnage shall fonn the basis ofthe calculation ofthe annual fee. (6) The Minister mllY pffl«,.rihp. the fees to he flJ'lln under thi~ ~ticm in respect of s:,hiflS linn the fees may be fixed according to (a) their tonnage; (b) whether they areto beregistered pennanently or for bareboat charter; and (e) any other relevant criteria. 26B. RefUnd or fees (1) Subject to subsection (2), no fees paid under section 26A are to be refunded. (1) Wh.,..... the oU/II....r of'" "h;r m"lr ..s IITl llpr'i,.<otinn "ntl th .... ni....M'nr i" ""tis:,r...ti th<ot tn .. r"e:;<dr,, tion of a ship has been transferred from permanent registration to bareboat charter registration. the Director shall order a refund equal to the difference in the amount offees paid for permanent registra tion when only bareboat registration fees were payable." 8. Amendments to section 115 The principal Act is amended (a) by deleting subparagraph 11SGXi) and t\ubstituting the following "(i) record the birth ofany child born at sea and give notice or cause notice to be given ofthe birth ofthe child to the Registrar under The Births and Deaths (Registration) Act, Cap. 53 within thirty days from the date of birth in accordance with subsec tions 17(1) and (2) of that Act;" (b) by adding the word "and" at the end of-subparagraph 115G)(ii) and inserting a subpara graph after that subparagraph as follows "(iii) give or cause to be given to the-registrar referred under The Births and Deaths (Registration) Act notice in writing where death occurs at sea within thirty hours after the death in accordance with section 18 of that Act." 9. Amendment to section 133 The principal Act is amended in section 133 by deleting the word 'SOLAR' in the marginal note and substituting "SOLAS". The Antigua and Barbuda Merchant Shipping (Amendment)Act,2007. 10. Amendment to section 173 8 No. 12 of2007. The principal Act is amended in section 173 by repealing the numeral "Y" and substituting "VI". n. Amendment of the Second Schedule The principal Act if> amended by amending paragraph 8 ofthe Second Schedule in the fifth line by deleting "ANTIGUA AND BARBUIJ>A" and substituting "ANTIGUA AND BARBUDA". Passed by the House ofRepresentatives on this 2nd day of October, 2007. Cha..lah Codrington, Speaker. Yvonne Henry, Clerk to the House ofRepresentatives. Passed by theSenate on this 8th day ofNovember, 2007. Mackenzie Frank, President. Yvonne Henry, Clerk to the Senate.