The Antigua and Barbuda Merchant Shipping (Amendment) Act, no. 24 of 2020

ANTIGUA AND BARBUDA ANTIGUA AND BARBUDA MERCHANT SHIPPING (AMENDMENT) ACT 2020 No. 24 of 2020 [Published in the Official Gazette Vol. XL No. 80 dated 5th November, 2020. ] Printed at the Government Printing Office, Antigua and Barbuda, By Noel F. Abraham, Government Printer — By Authority, 2020. 300—10.20 [Price $3.30] Antigua and Barbuda Merchant Shipping 2 No. 24 of 2020 (Amendment) Act, 2020. No. 24 of 2020 3 Antigua and Barbuda Merchant Shipping (Amendment) Act, 2020. ANTIGUA AND BARBUDA ANTIGUA AND BARBUDA MERCHANT SHIPPING (AMENDMENT) ACT, 2020 ARRANGEMENT OF SECTIONS SECTION 1. Short title……………………………………………….…………………………………….4 2. Interpretation…………………………………………………….……………………………4 3. Amendment of section 2 – Interpretation……………………………………………….…….4 4. Amendment of Section 8 – Regulations and directives to give effect in Antigua and Barbuda to maritime conventions……………………………………………………………………………5 5. Amendment of section 11 – Qualification to own Antigua and Barbuda ships………………5 6. Repeal of section 14……………………………………………………………………………6 7. Amendment of section 17A……………………………………………………………………6 8. Amendment of section 24A – Provisional registration………………………………………...6 9. Insertion of new sections 262A to 262D……………………………………………………….6 Antigua and Barbuda Merchant Shipping 4 No. 24 of 2020 (Amendment) Act, 2020. [ L.S.] I Assent, Rodney Williams, Governor-General. 30th October, 2020. ANTIGUA AND BARBUDA ANTIGUA AND BARBUDA MERCHANT SHIPPING (AMENDMENT) ACT, 2020 No. 24 of 2020 AN ACT to amend the Antigua and Barbuda Merchant Shipping Act 2006, No. 1 of 2006 and for other connected purposes. ENACTED by the Parliament of Antigua and Barbuda as follows – 1. Short title This Act may be cited as the Antigua and Barbuda Merchant Shipping (Amendment) Act, 2020. 2. Interpretation In this Act – “principal Act” means the Antigua and Barbuda Merchant Shipping Act 2006, No. 1 of 2006. No. 24 of 2020 5 Antigua and Barbuda Merchant Shipping (Amendment) Act, 2020. 3. Amendment of section 2 – Interpretation Section 2 of the principal Act is amended by inserting the names and meanings of the following Conventions to which Antigua and Barbuda is a Party in their correct alphabetical position within that section – “ “FAL 1965” means the Convention on the Facilitation of International Maritime Traffic 1965, as amended;” “SAR 1979” means the convention on Maritime Search and Rescue 1979, as amended; “SUA” means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation 1988” “SUA 2005” means the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation 2005 ““SUA PROT” means the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf” ““SUA PROT 2005” means the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts of Against the Safety of Fixed Platforms Located on the Continental Shelf” 4. Amendment of Section 8 – Regulations and directives to give effect in Antigua and Barbuda to maritime conventions Section 8 of the principal Act is amended by adding after the words “Maritime Labour Convention” at the end of subsection (1) the following Conventions – “FAL 1965 Convention SAR 1979 SUA Convention SUA 2005 Protocol SUA PROT Protocol SUA PROT 2005 Protocol” 5. Amendment of section 11 – Qualification to own Antigua and Barbuda ships Section 11 of the principal Act is amended by repealing it in its entirety and replacing it as follows – “11. Qualification to own Antigua and Barbuda Ships Antigua and Barbuda Merchant Shipping 6 No. 24 of 2020 (Amendment) Act, 2020. (1) A ship shall on application be registered as an Antigua and Barbuda ship if the ship is wholly owned by or bareboat chartered to a – (a) citizen of Antigua and Barbuda; (b) national of a Member State; or (c) A firm or company incorporated or registered under the laws of Antigua and Barbuda. (2) Notwithstanding subsection (1), a ship may, regardless of the nationality of its owners, be registered as an Antigua and Barbuda ship if – (a) the ship is one to which the SOLAS Convention applies; and (b) the Owner of the ship has appointed a principal representative in Antigua and Barbuda. (3) For the purposes of subsection (2), a principal representative is a person coming within any of categories (a), (b) or (c) of subsection (1) and possessing any of the following qualifications – (a) an Attorney-at-Law qualified to practice law in Antigua and Barbuda; (b) a corporate management and trust services provider appointed under the Corporate Management and Trust Service Providers Act; or (c) any other qualification as may be prescribed by regulations; and (d) have a power of attorney sufficient to satisfy the Director that the principal representative is authorised to act for the Owners of the ship in all matters to secure compliance with this Act and the Regulations. 6. Repeal of section 14 The principal Act is amended in section 14 by repealing the entire section. 7. Amendment of section 17A The principal Act is amended in section 17A by inserting immediately after subsection (3) a new subsection to read as follows – “(4) The Minister responsible for Finance may at any time by Order amend the Fifth Schedule by increasing or reducing any fee or tax specified in the Schedule.” 8. Amendment of section 24A – Provisional registration Section 24A of the principal Act is amended in subsection (1) at paragraph (b) by deleting the words “is qualified or”. 9. Insertion of new sections 262A to 262D The principal Act is amended by inserting immediately after section 262, the following – No. 24 of 2020 7 Antigua and Barbuda Merchant Shipping (Amendment) Act, 2020. “262A Improvement notices (1) An inspector may serve an improvement notice, where he is of the opinion that a person is in contravention of or has contravened one or more provisions of this Act. (2) An improvement notice shall – (a) state the provision that the inspector is of the opinion is being contravened; (b) reasons for his opinion; and (c) the time period to remedy the contravention. “262B Prohibiiton notices (1) An inspector may serve a prohibition notice, where he is of the opinion that an activity which is being or likely to be carried on on board any ship or under the control of any peron will involve the risk of – (a) serious personal injury to any person, whether on board or not; or (b) serious pollution of any navigable waters. (2) A prohibition notice shall – (a) state the activity he is of the opinion will cause serious personal injury or serious pollution; (b) state the provision, if any, that is being contravened (c) reasons for his opinion outlining the risk; (d) direct – i. that the activity to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served, or ii. that the ship shall not go to sea; and (e) period of the prohibition. “262C Supplementary Provisions to 262A and 262B (1) An improvement or prohibition notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates. Antigua and Barbuda Merchant Shipping 8 No. 24 of 2020 (Amendment) Act, 2020. (2) Any measure to be taken to remedy a contravention, under an improvement or prohibition notice, should not be more onerous than those necessary to secure compliance with that provision. (3) An improvement notice or a prohibition notice may be withdrawn by an inspector at any time before the expiration of the period specified in the notice. “262D Offences (1) Any person who contravenes any requirement imposed by an improvement notice commits an offence and is liable on conviction to a fine of five thousand dollars. (2) Any person who contracenes any requirement imposed by a prohibition notice commits an offence and is liable on conviction to ten thousand dollars.” Passed the House of Representatives on the 27th day of August, 2020. Passed the Senate on the 4th day of September, 2020. Gerald Watt, Q.C., Speaker. Alincia Williams-Grant, President. A. Peters, Clerk to the House of Representatives. A. Peters, Clerk to the Senate.