Maritime (Infringement Offences and Penalties) Regulations 2014 (No. 97 of 2014)

623 ILEGAL NOTICE No. 97J MARITIME TRANSPORT DECREE 2013 (DECREE No. 20 OF 2(13) Maritime (Infringement Offences and Penalties) Regulations 2014 IN exercise of the powers conferred upon me by section 246 of the fvIaritime Transport Decree 2013, I hereby make these Regulations PART 1-PRELIMINARY SllOn lille (lnd e(lllll/WI/Celllenf t. These Regulations may be cited as the Maritime (Infringement Offences and Penalties) Regulations 2014 and shall come into force on a dale or dates appointed by the :Ministcr by notice in the Gazette, Interpretation 2. In these Regulations, unless the context otherwise requires, "Authorised Officer" shall have the same meaning as in section 2 of the Decree; "Authority" means the rvlaritime Safety Authority of Fiji; "cargo manifest" means the docllment conttlining the number of tonnage of cargo carried on board a ship which is usually checked before departure and upon arrival; "Chief Executive Ofilcer" means the Chief Executive Officer of tbe Authority; "Decree" means the ivtaritime Transport Decree 2013; "infringement notice" means the notice set out in Schedule 2; "infringement offence" shall have the same meaning as in section 262( I) of the Decree; and "letter of dispensation" means a Jetter issued by the Authority to any shipping company that applies for dispensation. ()[,jccliI>t' 3, The objective of these Regulations is to prescribe the infringement offences under the Decree, the maritime Regulations and the marine environment protection Regulations, /lIjrill,r;elllt'm (dkJlCt'J (llld pellllllie.1 4. In accordance with section 262 of the Decree, Schedule 1 sets out the infringement offences and penaHies, 624 IlIjrill[{£'I1It'Jlt I/o/icc 5. In accordance with section 262 of the Decree, an authorised officer may issue an infringement notice set out in Schedule 2, to a person who commits an infringement offence under the relevant provisions in the maritime Regulations. I. 2. 3. 4. 5. 6. 7. 8. 9. Made this 14th day of December 2014. P. TIKODUADUA Minister for Infrastructure and Transport SCHEDULE I I Regulation 4) INFRINGEMENT OFFENCES AND PENALTIES TABLE A Section 5(5) of the Decree OFFENCES PENALTIES Ships less than 15 metres and 15 metres above but less than 50 metres No Survey Certificate $200.00 $250.00 Expired Snrvey Certificate $180.00 $200.00 Invalid or no Minimum Safe $180.00 $200.00 Manning Certificate No Registration Certificate $200.00 $250.00 Expired or no Certificate of $200.00 $250.00 Competency or licence for the Master. Expired or no Certificate of $180.00 per $200.00 per Competency for ship's crew crew member crew member No Safety Certificates for $150.00 per $180.00 per ship's crew crew member crew member Breaching of Survey $100.00 $150.00 Certificate requirements and endorsement Breaching of Minimum Safe $100.00 $150.00 Manning requirements and endorsement Ships 50 metres and Above $500.00 $450.00 $450.00 $500.00 $500.00 $250.00 per crew member $200.00 per crew member $500.00 $500.00 625 Sectioll 5(5) oj the Decree OFFENCES PENALTIES 10. Passenger overloading $200.00 plus $300.00 plus $500.00 plus $100.00 for $200.00 for $250.00 for every extra every extra every extra passenger passenger passenger II. None or expired Coasting- $150.00 $200.00 $450.00 trade Licence Of Coasting trade Permit (CTL or CTP) 12. Invalid Fumigation $100.00 $150.00 $300.00 Cellificate 13. Invalid Radio Service $100.00 $150.00 $300.00 Certificate 14. Submerged load line mark $200.00 $250.00 $400.00 Note: $10.00 is Note: $20.00 added to every is added to extra meter every extra between 15 to meter above 50 50 metres. metres. TABLEB Sectioll 21 oj the Decree OFFENCES PENALTIES Master of a Fiji ship or a foreign Ships less than Ships 15 Ships 50 ship who fails to report any danger 15 metres metres and metres and to navigation. more but less above than 50 metres l. Passenger ship $100.00 $200.00 $450.00 2. Cargo ship $100.00 $200.00 $450.00 3. Cargo/passenger ship $150.00 $250.00 $500.00 4. Fishing ship $100.00 $200.00 $350.00 5. Pleasure craft $100.00 $150.00 $250.00 Note: $10.00 Note: $20.00 is added to is added to every extra every extra meter between meter above 15 to 50 50 metres. metres. 626 TABLEC Sectioll 26 (~f Ihe Decree OFFENCES PENM]IES I. The condition of the shT~ Ships less than Ships 15 metres Ships 50 metres maritime equipment does not 15 metres and more but and above correspond with the particulars less than 50 of any document relating to the metres ship or maritime equipment. Passenger ships $200.00 $350.00 $700.00 Cargo ships $200.00 $350.00 $700.00 Cargo/passenger ships $200.00 $350.00 $700.00 Pishing ships $200.00 $350.00 $700.00 Pleasure craft $200.00 $350.00 $700.00 2. The condition of the ship or Ships less than Ships J 5 metres Ships 50 metres maritime equipment has not 15 metres and more but and above been maintained in accordance less than 50 with the provisions of any metres requirements leading to the issue of that document. Passenger ships $200.00 $350.00 $700.00 Cargo ships $200.00 $350.00 $700.00 Cargo/passenger ships $200.00 $350.00 $700.00 Fishing ships $200.00 $350.00 $700.00 Pleasure craft $200.00 $350.00 $700.00 3. The ship is not in all respects Ships less than Ships 15 metres Ships 50 metres fit to proceed to sea without 15 metres and more but and above danger to the ship or the persons less than 50 on board Of without presenting metres an unreasonable threat of harm to the marine environment. Passenger ships $200.00 $350.00 $700.00 Cargo ships $200.00 $350.00 $700.00 Cm'g~)/passcnger ships $200.00 $350.00 $700.00 Fishing ships $200.00 $350.00 $700.00 Pleasure craft $200.00 $350.00 $700.00 4. The ship or maritime equipment Ships less than Ships 15 metres Ships 50 metres has been materially altered 15 metres and morc but and above without the sanction of the less than 50 State other than Fiji that issued metres or uEproved the document, Passenger ships $200.00 $250.00 $500.00 627 Cargo ships $200.00 $250.00 $500.00 Cargo/passenger ships $200.00 $250.00 $500.00 Fishing ships $200.00 $250.00 $500.00 Pleasure craft $200.00 $250.00 $500.00 Note: SIO.OO is Note: $20.00 added to every is added to extra meter every extra between 15 to meter above 50 50 metres. metres. 5. The document has been $2,000.00 $4,000.00 $10,000.00 fraudulently obtained. Note: $30.00 is Note: $50.00 added to every is added to extra meter every extra between 15 to meter above 50 50 metres. metres. 6. The holder of the document $700.00 is not the person to whom the document was originally issued, TABLED Section 27 oj the Decree OFFENCES PENALTIES Individual Bodv corporate I. The holder has failed to comply with the conditions $300.00 $2,500.00 of the relevant maritime document or with the requirements of the Decree. 2. The holder has contravened or failed to comply with $500.00 $2,500.00 section 250. 3. The holder has t~1i1ed to satisfy the Chief Executive $500.00 $2,500.00 Officer that such action is necessary to ensure compliance with any provisions of the Decree or any Regulations made under the Decree; 4. The holder has failed to consider that the privileges $500.00 $4,500.00 or duties for which the document has been granted, or the relevant document has been recognised as a maritime document, are being carried out by the holder in a careless or incompetent manner; or 5. The holder has failed to consider that there is $1,000.00 $4,500.00 reasonable doubt as to the seaworthiness of the ship or as to the quality or safety of the maritime equipment to which the document relates. 628 TABLEE Section 37 of the Decree OFFENCES PENALTIES bulividual Body c0I1)orate 1. Person employed on board a Fiji ship during $500.00 suspension under section 36 2. A corporate body that cmployed a person on board a Fiji ship during suspension under section 36 Employed on ships less than 15 metres $2,000.00 Employed on ships of 15 - 50 metres $3,500.00 Employed on ships more than 50 metres $5,000.00 TABLEF Section 38 of the Decree OFFENCES PENALTIES Individual Body corporate 1. Withholding any documents requested or relevant $500.00 $2,500.00 during inspections or audits. 2. Failure to demonstrate competence in operating. $500.00 $5,000.00 maintaining and servicing any ship Of maritime document. 3. Failure to demonstrate the familiarity of the master $500.00 $5,000.00 or crew with essential shipboard procedures for the safe operation of the ship. TABLEG Section 39 ofrhe Decree OFFENCES PENALTIES Ships less Ships more Ships 50 than 15 than 15 metres and metres metres but above less than 50 meters 1. No valid Survey Certificate $200.00 $250.00 $450.00 2. No valid Safe Manning Certificate $ISO.oo $200.00 $450.00 3. No valid Registration Certificate $200.00 $250.00 $400.00 4. No valid Certificate of Competency $200.00 $250.00 $500.00 or Licence 5. No valid Safety CC11ificate $150.00/crew $ISO.OO/crew $200.00/crew 6. No valid Fumigation Certificate $100.00 $150.00 $300.00 7. No valid Firefighting Equipment $200.00 $250.00 $300.00 Service Certificate S. No valid Radio Ccrtificate $100.00 $150.00 $300.00 629 Section 39 of the Decree OFFENCES PENALTIES 9. Fails to produce any valid letter of $200.00 $250.00 $300.00 dispensation 10. Fails to produce or provide $200.00 $250.00 $300.00 passengers list II. Fails to produce or provide cargo $200.00 $250.00 $300.00 manifest 12. No Coasting-trade Licence or $150.00 $200.00 $450.00 Coasting-trade Permit Note: $10.00 Note: $20.00 is added is added to to every every extra extra meter meter above between 15 to 50 metres. 50 metres. TABLEH Section 44 oj the Decree OFFENCES PENALTIES Ships less Ships more Ships 50 than 15 than 15 metres metres and metres but less than above 50 metres 1. Information provided by the $500.00 $1000.00 $2,500.00 complainant is subsequently found to be frivolous or vexatious, causing the detention of the ship. 2. Information provided by the $500.00 $800.00 $2,000.00 complainant is subsequently found to be frivolous or vexatious, causing the delaying of the ship. 3. Information provided by the $500.00 $1000.00 $2,500.00 complainant is subsequently found to be frivolous or vexatious, maintaining the seizure of maritime equipment. 4. Information provided by the $500.00 $800.00 $2,000.00 complainant is subsequently found to be frivolous or vexatious, delaying the use of maritime equipment. Note: $10.00 is Note: $20.00 added to every is added to extra meter every extra between 15 to meter above 50 50 metres. melres. 630 TABLE! Section 46 (~j'the Decree OFF~'NCES PENALTIES l. Any person who fails to provide the following documents or information that may lead to the discovery of the cause of an accident, incident, mishap, death or serious injury. i any writing on or in any material; $500.00 ii information recorded or stored by means of a tape recorder, computer, $500.00 or other device; and material subsequently derived from information so recorded or stored; iii a record, book, graph, or drawing; and $500.00 iv a photograph, film, negative, tape, disk, or other device in which one $500.00 or morc visual images are embodied or stored so as to be capable with or without the aid of equipment, of being reproduced. TABLEJ Section 96 afthe Decree OFFENCES PENALTIES l. Failure to comply with the notice provided by the Authority regarding $500.00 the removal of hazard to navigation, If the offence is a continuing one, for every day or part thereof during $250.00 which the offence is continued. TABLEK Sect;o/l 114 oftlte Decree OFFENCES PENALTIES Ships less Ships 15 Ships 50 than 15 metres and metres and metres above but above less than 50 metres l. Any person who fails to hold a $250.00 $500.00 $750.00 Coasting-trade Licence when operating commercially. 2. Any person who fails to hold a $250.00 $500.00 $750.00 Coasting-trade Permit when operating cOlllmercially. 3. Failing to furnish the Authority with $200.00 $400.00 $500.00 such information as is prescribed about the shipping service in respect of which the licence or permit is granted or issued. 4. Preventing an authorised officer to go $200.00 $400.00 $500.00 on board a ship to enquire about the Coasting-trade Licence or Coasting-trade Permit. 631 5. Preventing an authorised ofHccr to check S200.00 $400.00 $500.00 on cargo or passengers carried on-board a ship 6. Preventing an authorised officer $200.00 $400.00 $500.00 to examine any accounts, shipping documents, manifests and other documents relating to the ship, 7. Breaching the conditions of the Coasting trade Licence rcgarciing i) Safety No Certificate or expired Survey $200.00 $250.00 $500.00 Certificate Not being registered $200.00 $250.00 $500.00 No or expired safety equipment $200.00 $200.00 $300.00 service certificates No or carrying less number of life $200.00 $250.00 $300.00 raft or lifejackets and other safely equipment requirements as per Survey Certificate requirements Passengers over loading $200.00 pills $300.00 plus $500.00 plus SIOO.OO for $200.00 for $250.00 for every extra every extra every extra passenger passenger passeuger Submerged load line mark $200.00 $250.00 $300.00 (ii) lvlanning No Certificate or expired certificates $200.00 $250.00 $500.00 for the Master Master with lower Certificate of $200.00 $250.00 $350.00 Competency as required by the Safe Manning Certificate or Survey Certificate. Safety Certificate $150.00 per $180.00 per $200.00 per crew crew crew No Safe Manning Certificate or $200.00 $400.00 $500.00 EXQired Manning Certificate. Non-Compliance to Safe Manning $200.00 $400.00 $500.00 Certificate. iii) Areas of Operations Breaching the areas of operation as $200.00 $500.00 $2,500.00 stated in the Coasting-trade Licence. Breaching the areas of operation as $500.00 $1000.00 $4000.00 stated in the Coasting-trade Pennit. Note: $10.00 Note: $20.00 is added is added to to every every extra extra meter meter above between 15 to 50 metres. 50 metres. 632 TABLEL Section J 35 oj the Decree OFFENCES PENALTIES l. Any ships of IS metres or less in registered length discharging $500.00 sewage within 3 nautical miles from the nearest reef system. 2. Any ship of more than 15 metres in registered length discharging $1000 sewage within 12 nautical miles from the nearest reef system. 3. Any offshore installations or device caught discharging sewage $5,000.00 within 12 nautical miles from the nearest reef system. TABLEM Section 137 oj the Decree OFFENCES PENALTIES Ships less Ships 15 Ships 50 than 15 metres and metres and metres above but above less than 50 metres I. Any person who discharges garbage $150.00 $300.00 $500.00 which has not been ground to a particle size of 25 millimetres or less within Fiji waters from any ship. 2. Any ship commits an offence when $300.00 $500.00 $800.00 discharging garbage which has not been ground to a particle size of 25 millimetl'cs or less. 3. Any ship commits an offence when $450.00 $700.00 $1200.00 discharging garbage which has not been ground to a particle size of 25 millimetres or less and discharging 3 nautical miles from the nearest reef system. 4. Any ship commits an offence when $300.00 $500.00 $800.00 discharging garbage which has not been ground to a particle size of 25 millimetres or less and discharging 0.5 nautical miles from any offshore instnllation or device. Note: $10.00 Note: $20.00 is added is added to to every every extra extra meter meter above between 15 to 50 metres. 50 metres. 633 5. Any offshore installation or device $2500.00 or $20.00 per GRT commits an offence when discharging garbage which has not been ground to a particle size of 25 millimetres or less. 6. Any offshore installation or device $4500.00 or $20.00 per GRT commits an offence when discharging garbage which has not been ground to a particle size of25 millimctres or less and discharging 3 nautical miles from the nearest reef system is prohibited. TABLEN Seclio1l141 a/the Decree OFFENCES PENALTIES Less than 15 15 metres or metres in length more in length I. Any master or owner of a ship not giving notice $1000.00 $2500.00 of arrival at a port in Fiji when carrying oil and noxious liquid substance in bulk as a cargo commits an offence. TABLED Sectioll 144 of the Decree OFFENCES PENALTIES l. Any person who fails to provide information that may lead to the $250.00 discovery of the cause of the discharge, escape or pollution incident. 2. Any person who fails to attend at the time and place specified in the $500.00 summons and give evidence,and to produce any documents or things in that person's possession or under that person's control that are relevant to the subject of the investigation. 3. Any person failing to abide by a Court order for an authorised $350.00 officer to take possession of and remove any such document from the place where it is kept for sllch period of time as is reasonable in the circumstances. 4. Any person failing to allow an authorised person to reproduce, in $350.00 usable form any information recorded or stored on a document electronically or 12yother means. 634 SCHEDULE 2 (Regulation 5) INFRINGEMENT NOTICE issued under section 263 (d the AJaritime Transport Decree 2013 Ellforcenlent authority Ispecify enforcement authority] To: Forenames Surname PUllIHU11e: ........ " ....... , ....... " ....................... " ........ " ...... " ....... , ...... " ....... " ............... "." .. "'''''''', Full address: ..................................... ,' ........................ , ................................. , ......... " ....... " ...... . Date of Maritime Occupation: ......................... " .. birlh: " ..... , ............. . Document No:, .............................. . (Where applicable) Alleged infl'ingement offence(s) details Date: ........................ Tilue: ................... " ..... Place: ................................................................ . Ship name: ... " ........................ , ....... ,. Offence Number 2 3 Offence Payment of infl'ingement pemlit,Y Ship de!-lcription: ......................................... .. Infringement Penalty payable $ ........................................... . $ ........................................... . $ ........................................... . The infringement penalty is payable within 28 days after ........................... . [date this notice is delivered personally, 01' served by post}. The infringement penalty should be paid To: f~pec{[v address ofo!lorcement authority} 635 DO NOT DETACH Please present both copies of this notice when making payment. Cheques or money orders should be made out to the [specify enforcement authority] and should be crossed and marked "NOT TRANSFERABLE" or "ACCOUNT PAYEE ONLY", Issued by: """"""""""""""""""""'''''''''''''''''''''' being an Authorised Officer, duly authorised by the Chief Executive OfHccrofthe Authority, a constable, the provincial council, or other local and municipal authority in whose region or district the offence was cOlllmitted. Important - Please rcad the statement of rights printed overleaf Statement of rights Note: If, after reading these notes, YOli do not understand anything in the notes, you should consult a lawyer immediately. I. This notice sets out one or more alleged infringement offences. Each offence that is identified by a number is a separatc infringement offence. YOll may decide what to do in respect of each alleged offence individually, and may act in the sallle way in respect of all alleged offcnces or in different ways in respect of different alleged offences, as set out below. I)ayments 2. If you pay thc infringemcnt penalty for an alleged offence within 28 days of the service on you of this notice, no further enforcement action will be taken for that offence. Payments should be made at places indicated on the front page of this notice. Defence 3. You have a complete defence against proceedings for an alleged offence if the infringement penalty for that offence has been paid to the enforcement authority at the address shown on the front page of this notice within 28 days after service on you of a reminder notice. Late payment or payment made to any other address will not constitute a defence. Further action 4, If you wish to (a) raise any matter relating to the circuillstances of an alleged offence for consideration by the enforcement authority; (b) deny liability for the offence and request a court hearing (refer to paragraphs 5 and 9); or (c) admit liability for the offence, but wish to have a court consider written submissions as to penalty or otherwise (refer to paragraph 6 and 9), you should write to the enforcement authority at the address showil on the front page of this notice. Any such letter should be personally signed. 636 5, If you deny liability for the olIence and request a hearing, the enforcement authority will, unless it decides not to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court. Note: That if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, 6, If you admit liability for the offence but want the court to consider your submissions as to penalty or otherwise, you should in your letter to the enforcement authority~ (a) request a hearing; (b) admit liability; and (c) set out the written submissions you wish to be considered by the court. The enforcement authority will then file your letter with the court (unless it decides not to commence court proceedings in respect of the offence), There is no provision for an oral hearing before the court if you follow this COllfse of action, Note: That costs will be imposed in addition to any penalty, Non-payment of penalty 7, If you do not pay the infringement penalty and do not request n hearing in respect of an alleged offence within 28 days after the service on you of this notice you wm (unless the enforcement authority decides otherwise) be served with a reminder notice. 8, If you do not pay the infringement penalty and do not request a hearing in respect of the alleged offence within 28 days after being served with the reminder notice, you will become liable to pay COSTS IN ADDITION TO THE INFRINGEMENT PENALTY, unless the enforcement authority decides not to commence proceedings against you, Queries/correspondence 9. When writing or making payment of an infringement penalty. please indicate (a) the date of the infringement offence; ( b) the infringement notice number; (c) the identifying number of each alleged offence and the course of action you are taking in respect of it (if this notice sets out more than 1 offence and you are not paying all the infringement penalties for all the alleged offences); and (d) your address for replies (if you are not paying all the infringement penalties for all the alleged offences), If it is not clear which alleged offence any payment relates to, your payment may be treated as relating to the alleged offences in the order in which they are set out on the front page of this notice, Note: All queries and/or correspondence regarding the infringement offence(s) must be directed to the enforcement authority named in this notice at the address shown.