Merchant Shipping (Registration of Ships) Regulations, 2005

I i l I v I Merchant Shipping (Registration of Ship::; and licensing (d° Vessels) RegtLlatiOIIS G. N. No. /98 (co111cl.J Ciiatiun intcrprc tatiun THE MERCHANT SHIPPING ACT, 2003 (No. 21 or: 2003) REGULATIONS /i,!ade under section 430 MERCHANT SHIPPING tRf:tllSTRATION AND l.lCENSING OF VES:iEI.S) IU:GUl.,\TIONS. 2005 PART I PREUMINARY PROVISIONS J .-,(I) These Regulations may be cited as the Merchant Shipping (Registration of Ships) Regulations, 2005. · 2. In these Regulations unl~~s the context otherwise requires: "Act" means the Merchant Shipping Act, 2002: ·'application for registration" includes, except where otherwise stated, application for registration of.a ship or shart! in a sh ip, application for registration of a small ship, application for re-registration of the same · and appl ication for the regic;traticn of a transfer or transmission of a ship or a share in n ship; lrnt not ipplication for the renewal of registration; •'appropriate person" means in relatic:1 to a port in a country outside the United Repub!ii. ofTa!1zania: (a) any United Republic of Tanzania consular officer witl1in whos~ consular district the porl lies; or (b) where the Government in the United Republfc ofTanzania is represented in that country by a High Commissioner, any member of the High Commissioner's official staff nominated by him for the purposes of these Regulations; or and in this definition "High Commissioner" includes an acting High Commissioner. 40 ,ft Merchant Shipping (Registration of Ships <!1ul Ucensiug r~f' Ves$ds) Regulations . ri. N. No. /98 (1:011ld.) ·'appropriate attestation" means attestation in a form approv1!d by !he · Minister; "authorised measurer" me~ns th~ Minister or any person authorised under the Merch:;rnt Sliipping (Tonnage) Regulations 2005 to carry otit the mea:mrement of ships forth!:! purposes of those Regulations; "bareboat charter ship,,. means a ship registered under section 52 of the Act; ''be11eficial O\.".'nership" shall be determined by reference to every benetidal interest in that vesse!, however arising whether held by trustee or nominee or arising under a contract or otherwise, other lhan an interest held by any person as mo1tgage; "builcers certificate" mea[ls· a cer\ificate signed by the builder of the ship and contain ing a true account of the proper denomination and of !he to nnage of the ship, as estimated by him. and of the date and placl; where it was built, and of the name of the person, i I' any. for whom the . ~hip was built, or the.name of the person to whom it was delivered: "certificate ofregistry" nieans a certificate ofregistration which is issued to a ship which is registered under the Act and includes a ce1tificate of bareboat charter unless the context otherwise requires: ''certificate of bareboat charter" means a certificate of registration issued to a ship which is registered under section 52 of the Act; "classification society" means a P.erson authorised to act as, a 'Certi tying Authority' for the purposes of tl)e Merchant Shipping (Tonnage) Regulations 2005; "ciosure transcript" mcnns a cert1fied extract from the register showing. that the entry in the register in respect ~fa ship has been closed. the datt:: of its closure, and the details about the ship and its ownership at the time of closure; "declaration of eligibility" mean~ a declaration which complies with the provisions df Regulation 16; "fishing vessel" means a vessel within the meaning of Section 2 of the Act; "freeze" means to prevent any entry which inclucl es a c.lclel ion of an entry being made in the Register; "identifying number'' means the unique identi tying number a llocatcd to a bareboat chatter ship on its registration on the prim::iry re11-ister or, in the absence of such a number, the number allocated under Regu lation 66; 41 I J ) I I I ,. I I ,..., 1. \ ! I I I ; . ' r : j. I !. i • I ,. Mercha11t Shipping (Registration of Ships and Uce11si11g of Vc:ssels) Reg11.la.tio11s (,'.·N. NI}. /98 (CO/l(tl.; "idcnt1liy ma!k" means in relation to a fishing vesse l a combination ,rnd sequence of letters and numerals allocated to it under section 43 oft he /\et; " inspector of mnrks'' means an authorised measurer or any pcr~on authoriscd by the Minister to verity the carving and marking of a ship under these Regulations; "local office" means an office of the Mii,istry responsible for fishing, designated as 'Local Offices for Fishing Vessel licensing\ "overall length'' means the distance between the foreside of the foremost fixed permanent structure and the a ftside of.the aftermost fixed pennancnt structure; · ·'owner" means, in relation to a ship or share in a ship, the pe1: son owning lh<:: ship, or as the case may be, a share in the ship, whether or not registered as· owner; "picas lire vessel" means a vessel within t,he meaning of section 2 of the Act·. . ''port letters and numbers" means in relation to a fishing vessel the letters for the port of choice and the number ~ith in tha! po11 al lqcated to the vessel un~er Regulation 22; ''port of choice" means a port listed in tl 1e Second Schedule which an ?wner choose~ as a port to be marked on his ship: "primary register" means the register on .which the ship is registered at the time the application is made to r~gister the ship as a barcboat charter ship; ''proper offices" means any officer appointed ·to perfotm a perta in duty or action when engaged on the performance of that duty us faction. and include a consular offices; · "Register" means the register of Tanzanian ships established u.nder section · 20 of the Act; ''Registrar of Ships" means the person described· as "the i:zegistrar of Ships" in section 19 of the Act; ''representation" means probate, administration, confirmation, or other instrument constituting a person, the exe~utor, administrator or other legal representative of a deceaseo person, including a certificate of con!irm alion relating to a vessel; "ship1' includes a fishing vessel but does-not include a small ship or a bareboat charter sh ip except for the purposes of Part X1 and Part XU of these Regulations; · 42 0 ,, Merchant Shipping (Registration of Ships and Licensing of Vessels) . Regulations G. N. No. 198 (contd.) "small ship" means a ship which is less than 24 metres in overall length and is, or is applying to be, registered under Part X of these Regulations; "submersible vessel" means ariy vesse.l used o~ designed to be used.under the surface of any waters; "surveyor of ships" means a marfne·surveyor nominated by the Minister to undertake the surveys required by these Regulations and includes any Government marine surveyor; "the transfer of a ship" includes, except where the context otherwise requires, transfer of a share in a ship. PART II THE REGISTER OF TANZANIAN SHIPS. •' (2) The Register shall consist of both paper and computerised records and such other records as the Minister may consider to be expedient. (3) Any person shall be entitled on application to tl1e Registrar of Ships to obtain a transcript, certified by an authorised ofiicer, of the entries in the Register. · ( 4) During the official opening hours of the Maritime.Safety and Security Division of the ·3urface and Maritine Transport Regulatory Authority any person shall be entitled on request to inspect the entries in-the Register. (5) Entries in the Register shall be made in accordance with the following provisions: (a) the property in a ship shall be divided into sixty-four shares; (b) su bject to the provisions of the Act and these Re.gulations with re.5pect to joint owners or owners by transmission, not more than sixty-four persons shall be entitled to be regi•stered at the same time as owners of anyone ship. This rule shall not affect the beneficial title of any persons represented by..or elaii;ning under or through any registered owner or joint owner; 43 I I . , I ,. ,· < \ I I r Merclumt Shipping (Registration oj Ships and Licensing of Vessels) Regulations G. N. No. J 98 (contd.) Persons qualified to be owners or ships to be . registered (c) a permn shal I not be entitled Lo be ri::gistered as owner of a part of a share; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares in a ship; ( d) joint owners shall be considered as constituting one person only. as regards the persons entitle~ to be registered, and shall r.ot be entitled to dispose in severalty of any interest in a ship, or in any share in a ship in re:;pect of which they are registered; (e) a body corporate shall be registered as owner by its corporate name. (6) The Registrar of Ships shall be entitled to amend t.ht: Register where: (.i) a clerical error has occurred, o~ (b) Sufficient evidence is producP.d to satisfy hi1i1 that ~he entry is incorrect, and on making tht: amendment he shall· issue a ne•.v certificate of registry if necessary. 4.-( 1) Subject t,:, sub-regulation ('.:) no trust, expr:!-SS, implied or constructive may be registered by the Registrar-of Ships. (2) Where, on the bankruptcy of a registered O\.vner or mortgage his title is transmitted tc, his trustee in'bankru1?tcy thc1t person, if a qualified person, may be registered as the owner or mortgage.of a United Rept•blic of Tanzania ship or share in a ship. PART rn QllALlrlCATION AND ENTITLEMENT FOR REGISTRATION 5. The follo·wing persons are qualified to b~ the owners of ships which are to be~·egistcred: (a) nationals of Tanzania; (b) individuals or corporations owning ship5 hired out on barehoat charters to nationals ofTanz.ania; (c) individuals or corporations :n bonafide joint venture shipping enterpri.se relationships with nationals of Tanzania as may ii~' prescribed; (d) such other persons as the Minister may by order, specify. 44 Merchant Shipping (Registration of Ships and Licensing of Vesse'ts) Regulations · 6 .. -(1) Subject to Regulation 27(4) a ship shall be er.titled to be. registered .if a majority interest in the ship is owned by one or more perso1~s qualified to be owners of Tanzanian ships. (2) r or the purp,~scs ,:,f sub-regulation ( l ) (a) one or more persons shall be treated as owning a majority interest in a ship if there is vested in that person or in those perso ns, taken ·together, the.legal title to 33 or more shares; and (b) a body corporate shall be treated as resident in the United Republic ofTan7.ania .if, it has 3 place of business in the United Republic of Tanzania. (3) The owner of such a ship shall fulfill ;he followir:~: (a) all ratings engaged on board the ship shall be Tarizanian; (b) at least half the officers engaged on hoard the ship shall be 1'3nzanian; · (c) non-Tanzanian crew employed on board the ship shall have their certificates Qf competency endorsed by the Authority; (d) has to prove to the Authority that he has the requisite equipment to protect the Marine environment; and (e) provide a!; directed otherwise by the Minister. PART IV QUALIFICATION AND ENTITLEMENT OF FISl·!ING VESSELS TO BE REGISTERED 7.-( 1) The fol10wing persons are qua! ified to be the owners of . fishing vessels which are to be registered: (a) national ofTnnzania; (b) individuals or corporations owni!1g ships hired out on barcboat charters tc• nationals of T3nzania.: 45 Tanzania crinncction ~nd majMily 'ntcr~st Eligibility ·1 ) I I ' !: ti r ·' : 11 ': I I ·l ;'\ I "l l Merchant Shipping (Registration of Ships and Licensing of Vessel!>) , Regulations G. N. No. /98 (contd-) Represents• live persons for fishing vessels Appoint• ment of represen tative persons (c) individuals·or corporations in bona fide joint venture shipping enterprise r~lationships with nationals of Tanzania as may be prescribed; ... (d) such other persons as the·Minister may by Order, specify. (2) Subject to Regulations 8 and 27(2), (3) and (4), a ship shall be e·ntitled to be registered only if the legal and beneficial title of the vessel are vested wholly i,n one or more of those persons qualified to be owners of a Tanzanian fi shing vessel by virtue of Regulation 7( I). 8.-( I) Notwi.thstanding that the requirements specified in Regulation 7 (2) are satisfied a vessel shall not be registered unless: (a) it is man~ged, and its operations controlled and directed, from within the, United Republic of Tanzania; and (b) any chartered, manager or operator of the vessel is a person qualified to be the owner of a Tanzanian fishing vessel by virtue ofReg~lation 7(1). (2) Where-.• (a) the requireme nts specified in Regulation 7(2) ai-e satisfied with respect to a fishing vessel; but (b) the legat•title to the vessel is yested wholly in one or more qualified persons ""'.ho ·is, or as the case may be each of whom is, an individual not resident in the United Republic of Tanzania; The vessel-shall ·only be eligible to be Registered as a fishing vessel if a representative person is appointed in relation to the vessel under part V. PARTY APPOINTMENT OF REPRESENTATIVE PERSONS 9.-{l) Where t heentitlement of any ship to be registered is conditional upon the appointment of a representative person, the owner of the ship shall: 46 ., Merchant Shipping (Registration of Ships and Licensing of Vessels} Regulations G. N. No. 198 (co11td.) (a) before applying for the ship to be registered, appoint an individual or body corporate satisfying the requirements in sub;regulation (2)'bel ow to be the representative person, and .•, (b) ensure that, so long as the ship remains registered, an individual . r I' or body corporate satisfying those requirement s·hall be so appJinted. (2) A representative person is either: (a) an i1,9iv idual resiclent in Tanzania; or (b) a body corpo~ate incorporated and having a place of business in Tanzania. (3) The a·ppointment of the representative person shall be made in a form appro"'.ed by the Minister and shall contain the name and the address of the representative per~on. (4) The owner of any ship in relation to which any representative person is for the time·being appointed under this regulation shall:- . (a) on applying for the ship to be registered, send to the Registrar of Ships the appointment required by sub-regulati·on (3); and (b) in the event of any change in the identity or in the address cf the representative person,• notify the Registrar of Ships the relevant • I change within seven days of the chan~e occurring, and the Registrar of Ships shall record the new particulars in the Register. I 0. Any document required or authorized to be served by or under the Merchant Shipping Act or required or authorized, by virtue ofany statutory provision, to be served for the purpose of the institution of, or otherwise in c-onnection with, proceedings for ai: offence under the Merchant Shipping Act, or under any instrument in force under that Act, on the owner of a ship shall be treated as duly served on him if: (a) delivered to any representative person for the time being appointed; or 47 Service on represent ative persons 'I •I I , ivferdw•1t S!tippir:.g (Registration of Ships and Licensing of Vessels) Regulations G. N. No. i 98 (cont cl-) (b) sent to any such person by post at the address notified (or, as the case may be, last notified) to the Regis\rar of Ships under regulation 9(4) above in relation to that person~ or (C:deft for any such person at that address. P'ART VI REGISTRATION Form of 11.--{ I) Every application made under these Regulations shal I be maqe :1µpfo:a1ion to the Registrar of Ships. Applications in respect of any ves~el may also be made through a local office. The ap;iliclllll (2) The application shall be made in a form approved by the Minister and shall contain the name and address of the applicant and suffic;ent information to enable t~e ship to be-identified. 12. Every application made under these Regulations shall be made: (a) in the case of individuals, by some one ~r more of the individuals registered or requiring to be r egistered as owners or by his or their agent; or (b) in the case of a body corporate, by a duly authorised officer of that body corporate, or by its ag ent. . I Ar,plic.it- 13.-(l) Every application for registration must be supported by a ions for declaration of eligibility which shall be in a form approved b.Y. the Minister rcg.i~tralil•n and shall include: (a) a declaration of ownership by every owner setting out his qualification to own a Tanzanian ship; (b) a statement of the number of shares in the ship the legal title of which is vested in each .owner.whether alone or jointly with any olher person or persons. 48 f ... Merchant Sl;ipping (Registration of Ships and Licensillg. of Vessels) Regulatio'l1s G. N. No." 198 (contd.) (2) Every applicati<?n for registration of a ship whicl~ has, imme.diately prior to the application, been regi~tered on any other register shall be accompanied by a certificate of de-registration in r~spect of that ship. . . . . 14.-( l) Wher·e app°II~ation is made in respect of a ship which. has 1~10re Appoint• than-one o~ner, or whose ~hares are·owned -by more than one owner, m ent or and no rep.rescntative: person ha~ been appointed und~r part V, ~ne c;,f ' · mon.~ging those owners who is resident in the United R'epublic ofT~~zani~ shall lie owner . · · nominated as tl1e ma~aging owner, and the Register s hall · b~ marked accorcii1jgiy and. all cprrespondcnce shall ·be S(?nt to that person at the a·ddress re~orded in the Register in ·respect oqhat owner. (2) Where the owners determine that a different managing O\l.'.ner should be appointed, t~e Registrar o°rShips shall be n9tified in writing. and the Register noted accordi ngiy. (J)Any document r~q.µ ired or authorised to be ser-ved, by or under the Act or required or ~utl1orised; by v.irtue of ~ny statutory provision, to be sentesl-for the purposC? of the insti.t ution of, or-otherwise in connectiqn with, pro?eedings ·for ·an.offence unc;ler the Merchant Shipping Act; or under any instrument i!1 force ~nderthatA:at, on the owner ofa ship shall be treated as cjuly ser,ved Qn him if: (a) delivere·d to th~ managing owner; or (b) sent-to the managing owner by post at the address notified or, as . the case may '.be, last notifi~d t<? th e Registrar of ShiP.$ und~i: sub-reg~latio~ (~~qr (2~. above i~1 relation to t~~-t p~rs911; o~ (c) l eft for the mapaging owner at that address . . 15. Where application. is made. on be!1alf of a body. corporate., th~ aP,plicatio!1 must be a c~o.mpan(ed by:- · · · (a) if it is a co111pany reg ist~red it:i the United Republic ofTan~anii i, a copy of its.certificate ·of incorporation, and, in the ~ase of a company ,~hich ()as c!rnnged its name since incorporation, its certifica te~--of change of name, or 49 /\ppli~iops by bodic:s ~orporatt 'I I'. I: r i Merchant Shipping (Registration of Ships and Licensing of Vessels) · Regulations G. N. No. /98 (contd-) (b) if it is a body corporate incorporated by virtue of an Act of Parliament, a Charter granted by the President or an Act of r. Ordinance, proof, sufficient to satisfy the Registrar of Ships, of its incorporation. Declarmion 16. Where, at the time when the appl ication for registration is made, or intent the ownership of a ship has not yet passed or fully passed to the persons who ar.e to be its owners when, it is registered, the application shall be accompanied by a declaration of intent instead of a declaration of el igibi I ity. Form or declaration of intent Declaration of eligibility to be submilled before registration Evidence of title on registration 17. The declaration of intent shall consist of: (a) a draft declaration of el igibi I ity setting out pa11iculars of ownership of the ~hip as they are intended to be when the ship is registered; and (b) a declaration that the ownership of the ship will, at the time.when registration occurs, be as stated in the draft declaration of eligibility. 18. Where an application for registration· ·is accompanied by a declaration ofintent and not by a declaration of eligibility, a duly completed decla~ation of el igi bi I ity shall be submitted to the Registrar of Ships prior to reg1strat1011. 19. An application to register a ship, must be supported by the following evidence oftitle: · (a) in the case of a new ship, the builder's certificate, (b) in the case of a ship which is not new; either . . . (i) in respect of a ship other than a fishing vessel;· (a) a previous bill or.bills of sale showing the ownership of the ship for at least 5 years before the application is made; or 50 Merchant Shipping (Registration of Ships and Licensing of Vessels) Regulations G. N. No. 198 (contd) (b) if the ship has beert registered with a full registr~tion at any time within the last 5 years, a bill or bills of sale evidencingaH transfers of ownership during the period since it was so registered; or (ii) in respect of a fishing vessel; . . (a) a previous bill or bi!ls of sale showing the ownership of th~ vessel for at least 3 years before the application is made; or (b) if the ship has been registered with full registration at any time within the last 3 years, a bill or bills of sale evidencing all transfers of ownership during the period since it was so registered; or (c) where the evidence required by (a) or (b) above is not available, other evidence of title satisfactory to the Registrar of Ships. 20.-( 1) Every ship, shall bef~re registration be- (a).of the age of not more than fifteen years; · · (b) surveyed by a surveyor of ships and her tonnage ·ascertained in accordance with the Act. (2) After survey or measurement, the surveyor or measurer shall issue a certificate specifying the ship's tonn~ge aod build and such .other particui"ars describing the identity of the ship as may be required by the Minister and certificate shall be delivered ~o the Registrar -0f Ships before the ship may be registered. (3) A ship which is being; (a) registered for the first time which has been surveyed or measured and its tonnage ascertained within the prev.ious q m0nths; or (b) re-registered within 12 months of its registration on the Register ceasing; shall not be requirt'ld to be surv~yed or measured, or its tonnage ascertained, again in accordance with sub-regulations (I) or (2) if a declaration is made by the owners con finning that the surveyor measurement and tonnage details have not changed from those previously provided. to the ll-egistrar of Ships. 51 Survey and measure ment of ship i' ;, ! ' ! ! f ' I I I: '.I I ' I :' I I i ! I M~rchant Shz'ppi ng (R c: gistration of Ship&, Q.1;1d LicensirJ-~, of Ves~·e.(s) . ·· · · .... R eguJa tio.n·~ G. N.-No~J1Jif(copid.) . . . . ..•... Name~ Al\9catiqn, of offj~i~I! OJ!.fll~CJ. an~: P,R[I· 0(-1,l;toice (4}1?h.~.- Regi~fr,ar; ofSh:i;ps may direct,. if he think~, i.~l\ ppr•oprip\e-. t.hflt SH~i., <:1.~<;Jaratio 11; ~~- pr-0v,ided by an a,~l•fiwri.s~q, 111~a.sHFel' or s~tr\'.~yor. 21 .. •(l) Qn:m~.l<i.ng anappli~~ti.Qn (or registr:at.i0n ofa s~ ip.th e appl-ii;ant· shall,pf:QP.O.s.~a name by w l~i~h th~ ~hip .i~:\p .b~-CJ:1.llec!:, . (24 .first Schedq!.~, whlqh pr~vi~!.~ for-tl}e ~ppi:0.yal of na1;1w•s shall l~ i;we .effect. ,r ,. (3 ) A.~;j"p.. ~ha!l:n ot; b ~:o~seribed 6:1; .. ~l}Y, na!l}~ q the i;-than its re&/s.tered n~t ( 4).A,ch.!Wg~s.hall np~.b.e rg~cie in a r.eg/~tM.-ed ship.'s n<Y!)~,w.ithoutthe pri~r, viriJ~~:Q.-perm i ~si.on ojth ~ Re~,i~t.r:~£ qf Shi.ps. -. i~:.-{ l) On m~i1m:<1-.n appli C<!-~j9.p,for registrat ipn.of a. sp iJ?. t.lJ.~· appl icr,111t ~hall sp~~ify OJ]~:<?f: the P.~11-~, lj s:ted in the S,e;:cond Sch~ o1;1le wh iGh it i s. int~ndecltQ.,~Jl1e shi1(~.RP,i;li:O.f choice. • {2}-Qn r;e~xiP.kQla,n-?pplication for r(lg i~tr;ation, off.!- sb.iP,.• ft,r t~e fir~q th:q~.-th~;Rx$l~trar of Ships,, ifi.l).e is s.a~i.s.f1i4.th~t tp~~~l;l!I?,- is el igibl~ tp, b~ r,eg \~t~J~Q;, sh.?lJ: (b )1~Hocat!! t9 a, f:i~~in-& v.e~se.l· ~fl. i:dentity ~~.rik v-rh.hin t~!? v.essel 's . pi;n:t. of c1J9.1,C..e-; and. sl).~Hs i~J~U:e a can-:i.n~<!:rd.:~l~r.k-ing-not~. O)T4.e.;~~gi str~i·Qf"Sh,i ~i.may, on ~~~mW• by lk'?.!~ifica~lon spciety, al l qcq.,t.t; ~p qff:kif!l.• nl.!!ll'P.-.er to a s~iP,: n.~:w.iJ.h.st~/),9i:ri~: tl~~t b~ i-s, not yet s~ii~ji~d a~ to,,ii?:eljS:i,b.i-1 ity. · ( 4) W.bc:,.~t},l:l- ship has hac!:~nmnb~G-~J;l q~aied up deJ ~.u b.•r~gul,c!;tiotJ (3) an!;i;ij1,1,t,~ number has be~r➔..x~rxedi ipto, ~he ship-'s, q~<!m but. t.b~-sb .i:p i-s not . . . . ~P.,~~.ted as.oe.in&, ~ligi~l~.for: reg1$~~ion, the 111:!.Q"i\b.e,F mu st l?~-~r,ma1~ently defaced· and a c~rtif'i'cate t9.i ~~4t-effec~ P.~o,~,tde.d by th.~ q!~:ssiftcc)tion. soc:iety to.,th~.' ~~gistr.an.9f-Sh lps. . . 5~. ., Me'f<cl1ar1t Sltippiiig "(Regiitrtmoi, of SJtijis ·ci!Ui -Bi<:ens"ir'ig of -Ves:,'ef.~) ec:-·· . . .,, - - ·· • »--. . ... Reg~dg (i§n~·--.. -•·"•~· ........ , .. . ~.,'; .• .--. 0. N. 'No. 198 (cont.ii.) 23. On 1i'eceipt·ofa ·carving aH<l 1rna~k'riig i1o"te.-bi1 :first reg'istHition the Mtiildiig ownei-shall: (a) if.the ship has -i:i-ot ah-eaclY:bee·n:si:frveyed ortrieastire·d as teqi.iired ·by Regulat1on 20, cause h-to;be so surveyed or meas:i:frecf; (b) catl'Se 'tl1e ·ship' to be :Carved and 1rharked in atct>rdailce 'with the Thfrt'fSchedule; . { c) wli"ere requ'itecl under'l\egulation 24.'c'aus~'tlie ship \s'oaf✓tng and markii)g"fo be in5"(.lected by a·n ~:n:spector of matks. 24-.-(1) 'Jn respect of a ship1 other tha·n a ·pteastire vessel wh'i<£h is unc:le'r 'sbGT, an t l'is"j:iector of inar'ks'sha:11 satisfy• li:iinself thatth'e·'Ship has . be·en c·atved •ii't'id marked -i'n ·accdrdance wtth 'the ·Third -'sdhedule anci, «./hen so safisfied, shall 'cornplete·the catviTig andmatklwg'note and·retum ·it to th~ lt'tegistrar ofS:hips·a'.ha, in-respec·t of.a fishi:Pig'vessei, the cat'Vi'ng an·a ¥narking note -'may 'ii'lso be tefai'iled to th~ to·~~l ofti.~e. · (2) h\ -'i'e'Spect•of ple~sur:eve·ss~I whi6'h ·is unaer::s·oG'ft·!t~·e·o.w1,er·shai'l certify fhat 'the ship has '.been carved•and .i:narked ii, 'ti'.t"~0rdan~e wrtli 'th-e Thfrd ·s6hedule afid-retum the cei¼'.i'fied carving-a!nd 'n\arkrng·note-tq lhe •R:e•gisttat'of Ship's, (a) that the fpaJ1icu Jars. oi' the ·n1easuteme·rit · or ·o~htfr ·aefai°Js an'i:i tonna'ge of the strip '()r Sl:ich ·other p·a·rticu l~ t's-'de'scri tilng'the itlidti"tify of-tt:fe ship, as h'ave been ·i•equh-ed by-tire Mihister 1 f\H'nM1'c<i 1fo him are cor.rect; ·◊r i(b) that the 'ship is carved l!ind ''marked 0 in the mati"n'e"t ;Nfqdii·ed by the Third ·s·chedulei he in:ay direct th-e own-'e·r 1tq have th.e 1Yl'easi1(ement, a'ti<l, or carving or m~rki'rig ·o'.ftne've~~el VEftH'red by an ·author1i!red -1~·1easurer or inspector 0 1 fi~a~ks as appro:ptiiii"te. lnspectilil\ ·cif marks ·verilkiti6n of mcasilr.cim 'en't ·arrll caivi~'g '-ifitd '1h'arking I, I I j I I ) I i I I I I I I I . I Merchant Shipping (Regisir.atjpn of Ships and Licensing of Vessels) R.eguJations G. N. No. /98 (contd-) Cancellation of carving and marking note Rcgisua1ion and refusal o f registration of n ship . . (2) If the owner fails to C9mply with the direction of the Registrar of Ships, the Registrar of Ship!' may (a) if the ship i's not registered, refuse it registratiori·u.ntil his direction has been corn.plied with; or ... ,. (b) if the ship is registered, he may serve notice on the owner or '.managing owner, or any charterer, manager or operator of'th·~ ship requiring him to produce evidence within 30 days sufficient to satisfy him that the particulars of the measuremen t and tonnage are, or ~hat the marking of the ship is, correct. (3) If at the expiry of that period of 30 days the Registrar of Ships· is . not so satisfied, he may: (a) extend the notice and ask for further )n formation; or (b) serve ·a final notice which closes the ship's registration, such . J 1osure to be effected 7 days after the service of that notice. (4) Where a ship's registration is closed under sub-regulation (3) the owner of the ship shall forthwith surrender its certificate ofregistry. (5) Where the Registrar of Ships serves a n~tice under this Regulation on the owner of a ship in respeet of which a mortgage is registered, he shall send a copy of that notice to the mortgage at the address recorded in the Register for the mortgage. · 26. If a carving and marking n~te issued under Regulation 22 is -not duly coajpleted and returned to the Registrar of Ships within three months of its iss~e, the Registrar of Ships may cancel it and the application shall be treated as having been withdrawn. 27.-(1) Where the Registrar of Ships is satisfied in respect of an application that: (a) the ship is eligible to be registered as a United Republic ofTanzania ship; and 54 Jyf-ei·chanr Shipping (Regisri·ati'On of Ships and Licensing of Vessels) Reg11lario11s G. N. No. /98 (co111d.J (b) the ship has been duly carved and marked and that the appropriate survey or measuring certificate has been provided; and (c) the particulars of the ship furnished to him are c orrect; and (d) title to the ship has been adequately proved (where necessary); and (e) the relevant requirements of these Regulations have been complied with; he sha II, subject to sub-regulations (2), (3) and ( 4) register the ship by entering in.the Register the particulars of the ship and its owners specified in the Fou1th Schedule. (2) If the Registrar of Ships is not satisfied as mentioned· in .. sub- regulation ( l) he shall, subject to Regulation 92 refuse the application. (3) Notwithstanding that a ship is otherwise entitled to be registered, the Registrar of Ships may refuse to register it if, taking into account any requirement of the Act relating to the condition of the ship or its equipment so far as it is relevant to its safety or to any risk of pollution or to the safety, health and welfare of persons employed or ~ngaged in any capacity on board the ship, he considers that it would be ina.ppropriate for the ship to be registered. 28. Upon registering a ship the Registrar of Ships shall iss ue and send to the owner a certificate of registry containing the particulars set out in the Fifth Schedule, and retain a duplicate. 29 -~(I) The Registrar of Ships may upon registering a vessel, if the owner so requests, issue to the owner provisional registration document. The document shal I contain the registered particulars of the vessel and shall specify the period not exceeding 3 months f9r which it is valicii (2) O uring the period of its validity a provisional registration document shall have-t,',-:, effect of a certificate of registry. 55 Issue of certi fie ate 9f registry Provisional registration certificate , ii if ii I, ·11 I i II ·Mei"chal'rl Shipping (Registration of Ships and Lice~;ing of Vessels) . .. . . R.(?gulations · G. N. No. 198 (contd-) Pc::riod of registration Documents , to be retained by the Registcar of Ships ·R:e1ii:,viit n'o'li'ccs . ;anif time 1 i/nit for renewal Apptic~ lion for · renewol of registra tion 30. Tlie registration of a ship shall, tmless t~rminated under these Regulatio1is, be valid for a peri<?d of 5 years begini~ing with the date of re•gi•stration specified in the certifi<;ate of registry:and shall expire at the e'n'd of that period unl'ess it is renewed in accordance with Regulation 33. 31.-( i'j dn·registering a ship·th~ R~gi~trar of Ships ~hall retain .in his posses·sion a ~opy of any builder;s cenificate oi- bill of sale or other eviqence of tit.le produced on first registration, ahy certificate of measuren1ent or survey, and all declarations of eliiibility. . . (2) All documents which have been' produc~d to the Registrar of Ships to establish title shall he returned to'tl-i'e appt:icant once the ship has bee·11 registered. 32.-( 1.) At 'teast three mo.11ths but not ;,10re thJq 6 month s before th~ expiry of the registration period the Registra·r of $hips shall issue to the O\.\lni:fr 'o'rthe ship a renewal notice. ; · · (2) Subject to sub-reg·u·lafron (3), the owi1er of the ship may apply for renewal of registni.t'i'on ii't -any time bet~veen th~ .date of issue ofthe re1iewal notice 'a'nd t'hc date of expiry uf the ~urrc:nt registration period. (3) Notwitn·standing sub-regulation (2) above, ii1:application for renewi! •ofregistra'tion may be made prior tc the last tfirc'e' 1iionths of the current registration or issue of a reheWal n'c,tice, for is~i.ie of a certificate of ·. registry commencing priol' to the expiry of the cut'rent registration perio...:. Where such a certificate is issued it shall not be valid for a period more than 5 years commencing on the date:: of issue and the previous ce11if'icate shall then cease to be Va{id. · :33.- (1) Appt'icatio'n for renewal shall ·be in a foi'i11 approved by th:e Minister and shall be accompan ied .by:- . {a) a'cleclaration of eligibility; and (b) a declaration that there have beeh no ch:a~·ge's lto :.~y registered de~ails of the ship tha:t .have not been 'notifi er~\0 the Registrar·o'l' Ships. 56 0 · Merchant Shipping (Registration of Ships . and Liceiising of J"essels) Regu(iJ.t.iQ.ns . . . ........... . G. N. No. 198 (contd) (2) Where no applica~lon 'for ren~wal is made the Registrar of Ships shall notify each and e~ery ·mortgage of the e~piration of the ship's registration. ; ! . 34 .. On appllcat-ibn for regisfratfori. ·under paragrapl~ 2( 1) of the Six Schedule of a transfer of a registered· ship or a share in a registered ship, the bill of sale shall be p(oduced to the Registrar of Ships·. . ' . 35. EV-ery bi Ii of ·sa'l~ effecting. a tran-~fer o f a registered ship or a . share ih a.ship under the Act and these Regulations shall'be in the form approved by the Minist~r ahd sl;1all contain a descriptioi1 of the shi· sufficient to identify it. ' · · .,p J ' 36.-(1) If the application un~er Pait IV of the /I t • t d b t.l ; ,,.c 1s gran e y 1e Registrar of Ships, he shall- · (a) register the bill ·cif si.ile by er-•' . · : · . . ·. h · . · · , .· .,lenngthenameofthen.ewownerrn t e Register as o,· .,11p• · • • • · . . . · .. ;r of the ship or share m question; and ~ (b) endor se '6n the. 1-J'11101:~sale the fac{~ii~dlie entiy.has been made, together wit~ · : . · . i :.•\·.' ·• -~ • ... ,, • . · · ., th r date an·a tune when 1t was made. •I (2) If the r . ~ · ·· ,.-.,.::· -· . ..:;,: ·: · · ~ . . · · , ... 1 • . · .<eg,:strar qf S~1p~ 1,s, sat1~fied w1~h ttie ev1de~ce und.er: ~ea~~I atrrJn 34 that the ~~t~;~(s;~-4?~. ln a ship h?s be.en transferre~:, ·he , -:nter thf'.: name of ~1i~ ~~~ pwner in the Register. as the owner of t .11e ship or 'ihare in qm£Jt1oh'ancf is~ue a new certificate, which siia·11 be valid for a period of 5::y~a~s . . • • f \ !. I ' •"4° , • ' • • 37:-(l) An application';for registration of a·transni.ission ·of a registered '\;1-/ip'qr ·a iH~re in a f~~is1ered ship under section 76 oftlie Act shall be ;iriade ih1the'fotin i~·proved by the Minister. . (2) Th~ f6ii'~~ing evid~nce shall be produ~e.d t~\h~ Registrar of Ships ' ~~1 ~nj~'pl"i°catio n for a t~ansfer of a regi~·ter~d s·~ip or share therein by ·w!iy"6f transmission:- .. (a) if th·e. transmiss)on w'.~s :,q~m·sequent on death, the grant of representation ~r an ·office copy thereof or of an extract therefrom, .. 57 Evidence of title on rc:gistrnlion of · transfer of ship Form or· bill c,r ., sale Registration or· . fr ans fer of a ship Evidence of title on transmission of ii registered ship l ) , I I I ' .f I I i I ,, i r ! I - ; , I I • Merchant Shipping (Registration of Ships and Licensing of Vessels) Regulations G. N. No. I 98 (contd.) Declaration of eligibility on trar:isfo, or transmission Refusal of registratio,n of transfer or transmission Notification of changes of ownership (b) if the transn:iission was consequent on bankruptcy such evidence as is for the time being receivable in courts of justice as proof of t itle of persons claiming under bankruptcy, (c) · if the transmission was consequent on an order of a court, a · copy of th~ ord~r or jud~ment of.that court.' · · 3f Every application foi.the regi~tration of a transfer or transmission of a register~d ship or a s6a;e i~ a registered ship shall be accompanied by a declaration of eligibility and, whc~re the application is made on behalf of a body corpo~ate, the document or documents mentioned in Regulation 20·: 39 (~·) If on ~.,n .appli~ation for· t~i uns~er or tran s~is~ion of.a sh i P ~r h · . •.·h· t·h .. .,e~1strar of Sh.rJY.'i 1s not satisfied that the ship 1s s ares m a s 1p . e 1, •. .: '. • eligibletoberegistered:- · --. ... ( ) th R · t '. f Sh' · · h·· ·n·: -.. rve a notice under sub-regulation a e eg1s rar .o 1ps s a :........ · . · (2) on the qwner of the ship; and · ·. : . . ,. h ,ate by virtue of this (b) the ship's reg1strat1on shall ten7' • · . . sub-;~gu·i;i;~;~ at th e end of the peri od ot /riurteen days begmnmg with the date of the service of that'.notice. ·, •.. (2) A notice under this sub-regulation shall swte: • . I • (a) that the R~gistrar of Sbips is not satisfied thai' the ves5e, . '.n question is'.eligible to be registered; and (b) that the ship's registration will accordingly terminate by virtue of ~uh-regulation (1) at the end of the period referred to in that sub-regulation. 10,-( l) If at any'tiroe the~e occurs, in relation to a registered ship: (a) any change affecting the eligibility of the ship to be registered, not being a change which affects the qualification or eligibility of the ow ner as prescribed by Regulations 5 and 7(2) or the Tanzanian connection of a ship as prescribed in Regulations 5; or 58 t ~ . l Merchant Shipping (Registration of Ships aniLic~nsing of Vessels) ' Regulations , G. N. No. /98 (contd.) I {b) in respect of a fishing vessel, any change, not affecting that 1 eligibility, in the percentage of the property in the ship beneficially I owned by qualified persons or compan.ies . . ·. Tt ow~er 'ilf the s~ip shall, a~ s~o"! as practica ble after the change occJs·, notify the Reg1str~r of Ships. . · · . (2tThe notification referred to·in sµb-regulation ( l·) shall be made in writi g, shall be signed by the own~r andsn~lf~pecify the nature of the chan e a1~d the name and the official numoer·bf the ship. ·(31) Any person who contravenes s~b-regulatio~' (-1.) shall be gui lty of an offence. • 4 !'.-( J.) ·where there is any transfer or transmission of a registered Transfer shipf 1 r share in a registered ship: · ~mission ,of a ) the person ceasing t~ o~n tl;e ship or share, or in the event of !1f~s1ered his death, his legal personal representative, shall notify the I Registrar of Ships and surrender the certificate of registry; and (p) the Registrar of Ships shall cancel the certificate ofregistry and f shall freeze the R~gister pending the application for the f registration of the transfer or transmission by the new owner or ! owners of the ship or share. (2), Where there is a transfer of a registered ship: · (t) the new owners shall within 30 'days of the transfer make applicati?n in accordance with these-Regulations for ~he transfer i to be registered; (t) if the transfer is of all the shares in the s~ip, and application is not made within the 30 days, the Registrar of Ships may cancel I the registration of the ship.and the certificate of registry; and ' I cJ) I l l if.the transfer is of one or some of the shares in the ship, and application is riot made within the 30 days, the Registrar. of Ships shall serve a notice on the remaining registered owners notifying them that, unless an application to transfer the share or shares in question is made within 30 days of the date of the notice the registration of the ship and the certifica~e of registry may be cancelled. · 59 .... \ , I I I I · / I I ,! Merchant Shippi;1g (Registmtion of Ships and Lice11si1rg of -Vessels) · ·. Regulations G: N. No. 198 (contd.; Change in re~istered pnrticulnrs of ship (3) Where there is a transmission of a registcre~ ship: (a) the new owners shall proniptly make upplicatio11 in accordance with these Regulations for the transmission to be.registete<i: . (b) if th·e tran~m issio;, is of all tl1e·shares .jn'the shtp, and appl ic.ation is not made within a reas,ona~lc time, the Re.gisfrarofSh ips may cancel th~ registration of the ship and the ce1tificate of registry~ and · (c) if the transmission is not rn3de within a rea~onable tin)e~ the Rcgistr~r of SI.lip~ shall serve a notice on the remaif1.ing registered owners notifying them that, unless an applicarion to •·egister the transmissio:1 of the share or shares in question is made with1n 30 days of the d,1te of the notice the regisfratjon cf the ship and the certifica te o-; registry m~y be ca1lcel led. 42.-(1) Where there is a change: (a) in the registt:red particulars of a ship other than a change in the tonnage of the ship; or (b) in the name or address of an owner entered in tire Register not being a change of owne~ship; · • ·t • appliciition sball be made as ~0011 as practicable to the .Registrar of Ships fcir the change to be recorded in the Register. (2) Such application shall be in writing and subject to Regul•ation 97 be accompanied by the certificate of registry and such evidence as to th·e change as may be required by the Registrar of Ships. (3) Where there is a cliange in the tonnage of a ship, it shall be resurveyed or remeasured in accordance with Regulation 20 . . (4) Application in a form approved by the Minister shall be made a~ soon as practicable for the change to be recorded in the Registet and bi! ~ccornpanied by the certificate of surveyor measurement and th1:: certificate of registry . · 60 et Merchqn( Shipping (Regz'stratlon of Ships and Licensing of Vessels) Regulations G. N. NtJ, /')8 (cont~.) (5} On recor.~J,ing the change in the registered pmticulars the Registrar of Ships shaU cancel the existing certificate and iss!1e to the owner a new c~rtificate of registry expiring on the same date as the existing one. Change of 43.-( U An. owner of a registered ship may apply to the Registrar of nnme Ships to change the na1:ne of the ship. (2:) The application shall be made in a fc,rm approv.ed by the Minister and shall, subje~t to Regula~ion 97 be acc~mpanicd by the certificate of registr:y. (3) If it appe.ars to the Registr:ar of Ships that the name complies with First SGhedule he s.hall issue a marking note to the owner. 4,4 . ..-( I) An o-wner of a registered ship may apply to the Registrar of Ships for the· ship to change its port of chcice to another ·such p·ort. The ~ppliqation shall be mad~'in a fonn approved by the Minister.and, subject to Regul~tion 96, be aecompan ied by its c~1tificate of registry. . .. (2.) On receipt ofsuch an application in respect ofa fishing vessel the R.egistr:ar of Ships shall-allocate to the vessel port letters and numbers for that port. · (3) If it appears to-the Regi~trar of Ships that the requirements of the First Schedule are. c.omp.lted·with he will issue a marking note. , · ' · 45.-(1) 00: re.ceiptofthe marking note, the owner s)1all cause ~he ship to be mark~d with. the oew name a,nd/or port oJ choice and, in respect of ships o;ver SO.GT and fishing vessels, stall cause the marking to be inspe<,teq, i.o aceordanc.e. with .Regulation 2,1 .. (2) Th~.Qwner or inspector sh~II, !f satisfied that the.ship is .!narked in the manner reqµ ired by the Third Schedule, complet'e the marking note and return it to the Registrar of Ships. · 46. On rec~ipt oft.he marking.note duly completed the Registr.ar of Ships. shall-re-regis~er the ship with its. new name and, qr port of choice an.d shall cane.et the existing certif'i°cat,~ and issue to the ·own~r a new certificate 0f r~gistry expiri;1g'n11 t~e same' date as the existing one. 61 Trnnsfcr · of port of choic,: R.:• marking of ship Re1ris1ration of changes of name or port of choice - -- - - ,. MerChant ;hipping (Registration of Ships and Licensing of Vessel,) · Regulations · i G. N. No. 198 (contd.) Removal 47 .-(I) The Registrar of Ships may, subject to Regulation 87 terrn nate from the Regis~~r-· a ship's registration in the following circumstances: (a) on application by the owner; (b) ff the r~g'1~~~;~i:i-,0Wi)~r. ~as not notified the Registrar of ; ips thafownershifof the· ship has changed; .. . . .. , . .. (c) on the· ship no longer being eligible to be registered; ( d) on the ship being destroyed which includes, but is not I imit d to, shipwreck, demolition, fire and sinkil')g; (e) if, taking into account any requirements of the Act includin~ any instrument made under it relating to the condition of the sijip or its equipment so far as relevant to its safety or to any ri~k of pollution or to the safety, health and welfare of persons empfoyed or engaged in any capacity on board the ship, he considers flat it would be inappropriate for the ship to remain registered; I . i (f) when a registered fishing vessel which h;s been licensed tt fish ceases to be so licensed for a continuous period of 6 m onts or more; · J i (g) when a fishing vessel which requires a licence to fish but ~tthe time of registration did not have such a licence and haf not acquired such a licence within 6 months of the issue ?f its· certificate of registry; I f (h) when any penalty imposed on the owner of a ship in respe9t of a contraverition of the Act, or of any instrument in force und~r the Act, has remained unpaid for a period of more than· 3 mpnths and no appeal against that penalty is pending; j (i) when any summons for any such contravention has bee \·duly served on the owner of a ship but the owner has failed to a pear complaint in question and a period of not less than 3 mont s has elapsed since that time. · . . 62 . ' .- . f t f. . I;, Merchant Shipping (Registration of Ships and Licensing of Vessels) Regulations G. N. No. ·.J98 (contd,) (2) Where the Registrar of Ships terminates registration un der (a) or (c) above, he shall: (a) forthwith issue a closure transcript to the owner of the ship; and (b) notify any mortgagees of the closure of the registration. (3) On receipt of the closure transc;i~i'°th~-~~ner shall immediately sun:ender the ship's certificate of registry to the R~gistrar of Ships for cancellation. · . . . ( 4) Where the registration of a fishing vessel h~s been terminated by virtue of sub-regulation (1 )(b), then, without prejudice to the operation of any provision of the Act or these Regulations the ship shall not again be registered as a United Republic ofTan zania ship un)ess: •• - • .,1 . -~· •• ., (a) the Registrar of Ships consents to the vessel being so registered; or (b) the Registrar of Ships is satisfied that the vess·e1 has been disposed of by its former registered owner by means of a transaction at arm's length and that no person who for the time being is a relevant owner of the vessel was a relevant owner of it at the time registration was terminated. (5) For the purposes of sub-regulation (4) a person is a relevant owner of a vessel at any time if at that time: (a) the legal title to the vessel or. any share i11 it is vested in that person; (b) the vessel or any share in it is beneficially owried by that person; (c) any share in a body corporate failing within·(a) or (b) above are legally or beneficially owned by that person, whether vested in, or as the case may be owned by, that person alone or together with any other· person or persons. 63 J I I / l /• r · I Merchant Shipping (Registration ,?(Ships and Licensing qf Vessels) Regulations ; GN. No. ! 98 (contd.) Form or morlgag.: Re2i~1Jation o( mortgn gc Notices by intending. mortgages: priority notices PART VII . MORTGAGES · 48. The following types of 1:nortgages shall be in ·a form approved by the Registrar of ships and shall bear a1wropria~e attestation:- . (a) a mortgage produced for registration under the Six Scheduk:: and (b) a ~ransfe~ of a registered mortgage; ~i,~ ( c) a discharge of a registered mortgage. : ,· 49. Where a mortgage executed in accorda1ite with Regulation 48 is prodt;ced to the Registrar of Ships for registrat(~n. IJe shall:- . . . ' (a) register the mortgage; a;jd (b)' endorse on it tbe date aii<l°t'ime it wa~·r;egistered. 50.-( I) Where any person who is· an intending mortgagee under a proposed mortgage of:- · · ! (a) a re;gistered ship, or . (b) a share in a registe1:ed ship, no~ifies the Registrar of Ships of the interes~which it is intended that he should have under the proposed mortgage, the Registrar of Ships shal f record that interest. : .. (2) For the purpose of sub-regulation·the notice· to the Registrar of . . .. Ships shall be in a form approved by the Minis~er apd shall contain the name and official humber of the ship, the name,'.address and signature of the intending mortgagor, the number of shares (o be mortgaged, and th~ name and address of the intending mortgagee. f (3) Where any person who is an intend j"ng mo&gagee under a proposed mortgage of:- : . . . . (a) a ship which is not for the time being registered; or ... 64 ·. , ... ) . Merchant Shipping (Regt,,:tration of Ships and Licensing of Vesse/.s) Regulalio11s G. N. No. /9/i' (contd.) (b) a share in ~ny such ship: · · notifies the Registra·r of Shi.ps in writing of the interest which it is intended that he should have un der the prpposcd mortgage, the Registrar of Ships: (i) shall record that interest in the Registe1:; and (ii) if the ship is sub~equclitly registered, shall register the ship st1bject to that interest or, if the mortga-ge· has by then been executed in accordance.with Regulation 48 and produced to the Registrar.of Ships, subject to that mortgage. ( 4) For the purp;ses ·of sub~regulation (3) the notice shall be 1 in a . . form approve~ by.~1e Minister and ~ontain the following infonnation: (a) the present name of the ship; (b) the i1itendcd name of the ship; (c) the approximate length of the ship; (d) where the -ship is registered·-outside the United Republic of Tanzania, a copy of its certificate of registry or other document evidendng its registration and giving its port of registration; (e) where the ship is a new ~hip, the builder's ce1tificate or if that is not available, the name and address of the builder and the ship's yard numb.er; (f) where t·he· ship is neither a new ship nor a registered ship, details of any permanent marks on the ship wl1ich enable it to be clearly identified; (g) the name, address and signature of the intending mortgagor, the numbei· of shares to be mortgaged, and the name and address of the intending mortgagee; and 65 Merchant Shipping (Registration of Ships and Lice11csing of Vessels) Regulations · G. N. No. 198 ( contd.) Evidence of transfer or transmission of mortgage (h) declaration of any mortgage in force. (5) In a case where: (a} paragraph 8 of the Sixth Schedule operates to determine the priority between two or more mortgages; and (b) any of those mortgagee gave notification under sub-regulation (I) or (3) ubove with respect to his mortgage; paragraph 8 of the said Schedule shall have effect in relation to that mortgage as if it had been registered at the time when the relevant entry was made in the Register under the said sub-regulations ( 1) or (3). (6) Any notification given by a person under sub-regulations (1) or (3) (and anything done as a result of it) shal I cease to have effect: (a) if the notification is withdrawn; or (b) at the end of the period of30 days beginning with the date of the notification, unless the notification is renewed in accordance with sub~regulation (7). (7) I.he person by whom any such notification is given may renew or further renew the notification on each occasion for a period of 30 days, by nutice in• writing given to the Registrar of Ships: (a) before the end of the period mentioned in sub-regulation (6)(b); (b) before the end of a period of renewal; as the cast> may be. (8) Any notice given under this Regulation shall be in a form approved by the Minister. 51. A registered mortgage: (a) which is transferred under paragraph f2 of the Sixth Schedule; or 66 i.. .. Merchant Shipping (Registration of Ships and Licensing of Vessels) Regulations G. N. No. J 98 (contd) (b) the interest in which, is transmitted under paragraph 13 of the Sixth Schedule, shall be transferred in a form approved by the Minister. 52.-(l) Where any transfer or transmission of a registered mortgage is produced to the Registrar of Ships, he shall: ( a) enter the name of the transferee in the Register as mortgagee of the ship or share in question; and (b) endorse on the instrument the date and time when the entry was made. · (2) On an application for registration ofa transmission of~ registered mortgage the evidence to b e produced to the Registrar of Ships shall be · the same as is required under Regulation 34. 53.-(1) Where a registered mortgage has been discharged, the Registrar of Ships shall, oil production of the mortgage deed and with such evidence of the discharge as satisfies him that the mortgage has been discharged, record in the Register that the mortgage has been discharged. · (2) If for good reason the registered mortgage cannot be produced to the Registrar of Ships, he may, on being satisfied ·that the ~ortgage lias been properly discharged, record in the Register that the mortgage has been discharged. 54. Where the registrati<m of a ship terminates by virtue of any of these Regulations, that termination shal I n·ot affect any entry in the Register of any undischarged registered mortgage of that ship or any share in it. 67 Transfer or transmission of registered mortgage Discharge of mortgages Effect of termination of registration on registered mortgage ri I · I I -I I ' i Merchant Shipping (RegislraN011 cfShips and l.i<;ensing of V.:sseM J ?c...,,g. u la t io n s 0.N. No. 198 (contd) Provi sional registr'a tion Applica tion for pmvisional registra tion Scrutiny of particulm'3 of eligibility Period of provisional rcgi~tra tion Certilicatc of provisional registra tion PART VIII PROVJSIONAL R.EGISTRATlON 55. Where a ship which the owner intends to register is outside the lh'iited Republic of Tanzania, the owner may apply to the Registr~r of Ships for provisional registratiou, or, if the ship is at a, port outside the United Republic of Tanzania, the owner may alternatively apply to the proper officer for provisional registration of the ship. 56. An application for provisional registration shall be in a form approved by the Minister and shall be accompanied by the particulars required by Regulation 13(2) and Regulation 15. 57. Where application is made to the proper officer he shall forward those particulars tn the Registrar of Ships who shall, if he is satisfied that the ship is eligible for registration, notify the proper officer ·accordingly. 58. The Registrar of Ships, on ·being satisfied that the ship is eligible for registration, ·or the appropriate person on receipt of that notification but not o therwise, may proceed to register the ;:;hip provisionally for a period of 3 months. · 59.-(1) The Registrar of Ships, or the appropriate person, shall issue. to th~ owner of the ship a ce1tificate of provisional registration in a f01m approved by. the Minister. The certificate shall have the effect of a certificate c,f registry until: (a) the expiration of three months from its date of issue; or (b) the ship's arrival at a port in Tanzania; or (c) 'termination hy the Registrar of. Ships on request . fro1h the owner~ whichev~r happens first, and shaJi then cease to be of any effect. (2) The master of every ship in respect of which a provisional certificate is granted under this Part shall within ten days of the first a1Tival at a port in Tanzania deliver the 68 ,, Merchant Shipping (Registration cfShips and Licct1.\'ing cf Vessel.~) 1 • Regulations GN. No. 198 ccomd.j certificate to the Registrar of ships. (3) Any master who contravenes sub-regulation (2) shall he guilty of an offence. 60. Where a ship has been provisionally registered once, 1t shall not be provjsionnlly registered again within one year of the date of the issue of the certificate of provisional registration, f'.xcept with the consent of the Minister. 61. It shall be a condition of provisional registration for fishing vessels that the vessel shall not fish for ·profit while so registered; and i.f any provisionally r~gistered vessel does fish for profit its provisional registration shall immediately thereon tem1inate and the owner shall as · soon as practicable surrender the certificate of provisional registry to the Regist~ar of Ships. PART IX BAREBOAT CHARTER-IN 62. The persons qualified to be the O\.\'.ners of Tanzanian ships by virtue of Regulation 5 who charter a ship (other than a fishing vessel) on bareboat charter te1ms shall be qualified to register a bareboat charter ship under section 52 o f the Act. 63.-(1) The persons prescribed by Regufation 7(1) who charter a fishing vessel on bareboat charter tem1s shall be eligible to register under section 52 of the Act.. (2) A fishing vessel shall not be registered unless it is managed, and its operations controlled and directed, from within the United Republic of Tanzania. 69 Provis ional :; registra• lion not to be renewed · Coocli lion of provi sional registra tion for fishing vessels Qualifi cation and cntitl ment for registrn tion of barebo at charter .ships other than fishing ves~els Qualifi cation and entitle ment for registra tion ofa fishing vessel as n barebo at charter ship . I I I I. \ ' ' Merchant Shipping (Registration of Ships and l~,icensing of Ves~els} Regulations GN. No. 198 (contd.) Appli- 64.-(1) Every application for registration of a bareboat cations charter ship shall ~e made to the Regis~ar of Ships in person. :! ,, (2) The provisions of Regulation 12 shall apply to this Part as if the charterer were the owner. (3) Every application for registj-ation of the ship shall be in a form approved by the Minister and ~ccompanied by: Part. (a) a declaration of eligibility which shall include: 0,) (c) (i) a declaration by· every charterer setting (ii) out his qualifi~ation to register a bareboat charter ship; and in respect of fishing vessels, a declaration that the management, and direction and control, of the ship, will be carried out .from wi.thin the United Republic of Tanzania. , a copy of the chaiter-party showing: (i) the name of the ship; (i) the name of the charterer or charterers and the name of the owner or owners of the ship; · (iii) the date of the charter-party; (iv) the duration of the charter-party; the certificate of ·registry, or other document, issued by the authority responsible for the registration of ships in the country of primary registration showirig the ownership of the ship; and ( d) where the charterer is a body corporate, the document or documerits required by Regulation 15. . .. (4) The provision of Regulation 20 shall apply to this (5) The Registrar of Ships may refuse to register any fishing vessel as a bareboat charter ship if he is not satisfied that there is in force· in respect of the vessel any safety certificate required to be so in force. ' 70 .A,ferchanf Shipping (Registration <f5'hips and Licensing ofVesseM Regulations GN. No. 198 (contd.) 65.-(1) On making an application for registration of a Names bareboat charter ship the applicant shall propose a name which the ship is to be called while so registered. (2) If the Registrar ·of Ships is satisfied that the name is in compliance. with the provisions of the First Schedule he shall approve the name. 66.-( 1) On making application for registration of a bareboat charter ship the applicant shall specify one of the ports listed in the Second Schedule, as is appropriate, which it is intended shall be the port of choice. (2) Where the application is made in respect of a fishing vessel, the Registrar of Ships shall, if he is satisfied that the ship in respect of which the application has been made is eligible to be registered as a bareboat charter ship, allocate a number within the vessel's port of choice. (3) Any ship which does not have an identifying number allocated shall be allocated such a number by the Registrar of Ships. 67.-(1) On being satisfied that the ship is eligible for. registration and on production of any certificate for survey required under Regulation 19 the Registrar of Ships shall issue a carving and marking note. (2) On receipt of a carving and marking note the charterer shall: (a) where the ship is not already so marked cause it -to be marked with; (i) its name; (ii) its port of choice; and (iii) in respect· of a fishing vessel, the allocated number in its port of choice; and (b) where the ship is not already so carved, cause it to be carved with its identifying number and the number denoting its tonnage, in accordance with the Third Schedule. Alloca tion of number; port of choice and port nwnbers· Marking 68. The provisions of Regulations 24 and 26 shall· apply •Inspection to this Part. of marks 71 1-. ' ' ' . . . ' ' j I r I I \ AJ .. n:hanl Shippit1}.f. (Rt·gisfrafio11 <'fShips and Li,:~11si11g cf Vessel.~) l<cg11/ations G.Y . .V,'i. I 98 l<'Vtllrl. 1 Registra tion Period of Registrn tion 69 .-(1) Where the Registrar of Ships is satisfied in r.:spect of an application: (a) that the ship has been duly carved and marked; (b) that, where required, the appropriate ce11ificate of survey has been provided; and (c) that the other requirements preliminary to registration ha~~.been complied \vith; he shall enter in the Reg1ster the details prescribed in the Fourth Schedule. (2) Upon registering a ship the Registrar of Ships shall issue and send to the charterer a certificate of. bare boat charter registry containing the particulars set out in Fifth Schedule. (3) Upon registering a ~hip the Registrar of Ships shall retain in his possession a copy of the charter, a copy of any certificate of survey and all declarations of e'Iigibility, and if applicable any declarations required by Regulation 16. (4) Notwfthstanding that. a ship is otb~rwise entitled to be registered, the Registrar of Ships may refuse to register it if, taking into account any requirements of the Act incl\1ding any instrument made under it relating to the condition of the ship or· its equipment so far as re1P.vant to its safety or to any risk of pollutiun or to the safety, health an<l welfare of .persons employed or engaged in any capacity on board the ship, he considers that it would be inappropriate for the ship to be registered. 70.-(1) The registration of l'1 bareboat charter ship shall. expire: (a) on the expiry of the charter period; or (b} at the end of a period of 5 years beginning with the· date of registration specified in the certificate of bareboat charter registry, whichever is the earlier. · (2) 3 months before the expiry of the registration period the Registrar of Ships shall issue to the charterer of the ship a rene\val notice. 72 ., I ' .. lvferchant Shippi!1g (Registration c!fShips and Licensing cf Vi1sseb,) . . ! Regulations . . . i · GN. No. 198 (contd.) (3) Applicatidn for renewal of registration may be made during the last three ~alendar months of the cmTent registration · period. . ( 4) Applicatidn for renewal shall be in a form approved by the Minister and ~hall be accompanied by a declaration of eligibility and by the ~ertificate bf bare.boat charter registry. 71.-(1) If a~ any time there occurs, in relation to a bareboat charter ship; any change affecting the eligibility of the ship to be registered,: the charterer of the ship shall, as soon as practicable after the cp'ange occurs, notify the Registrar of Ships. (2) Notification made under sub-regulation (1) shall be made in writing, sig~ed by the charterer, specify the nature of the change, the name pf the ship and the identification number. (3) Any person who contravenes sub-regulatio't1 (1) shall be guilty of an offenc~. 72. The provisions of Regulations 42, 43, 44 and 45 shall apply to this Part. l 73. The Rerostrar of Ships shall notify the responsible authority for registr~tion of ships in the country of primary registration when: ; : . (a) t~e shi~ has been registered as a bareboat charter ship on!the Tanzanian Register, or (b) the shiJ's registration has closed by reason of the expiry ; of the certificate of registry under Regulation 70, or (c) the ship's registration has been closed by the Registr~r of Ships by reason of Regulation 74. 74.-(1) The Registrar of Ships may, close the registration of a bareboat charter ~hip: (a) on appl~cation by the charterer; (b) I on the; ship no longer being eligible to be registerf d 73 - Notifica tion of changes Applica• ·1100 of other Regula tions to this Pan Notifica• lion to foreign n::gistries by Registrar of Ships Closure of bareboat charter ship's Registra tion by the Registrar of Ships . I Merc:hanl Shipping (Registration o.(Ships and Lic:ensing of Vessel.~) Regulations GN. No. 198 (contd.j Qualifica tion and entitle ment lo be licensed (c) on the ship being destroyed which includes, but is not limited to, shipwreck, demolition, fire and sinking; ( d) if, taking into account any requirement of the Act including any instrument made under it relating to the condition of the ship or its equipment so far as it is relevant to its safety or to any risk of pollution or to the safety, health and welfare of persons employed or engaged in any capacity on board the ship, he considers that it would be inappropriate for the ship to remain -registered; (e) if the bareboat charter ship is a fishing vessel which requires a licence to fish but at the time of registration did not have such a licence and has not acquired such a licenc~ within 6 months of the issue of its certificate of bareboat charter registry. (2) On closure of a ship's registration under sub regulation (1) the charterer shall forthwith surrender to the Registrar of Ships the certificate of bareboat charter registry- for cancellation. PARTX LJC£NSING OF UNREGISTERED VESSELS 75.-(1) To be eligible to be licensed, a vessel must be: (a) (b) (c) a Tanzanian vessel of less than 50 GT; a non-Tanzanian ship engaged in the local trade in Tanzanian waters of the age of not more than 20 years; and any other vessel as the tv1iniste.r may by order specify. 74 T Merchant Shipping (Registration of Ships and Licttnsing u/Vessels) Regulations GN. No. /98 (contd.i (2) The owner of ·:mch foreign vessel shall fulfill the following: (a) 75% of the ratings engaged onboard be Tanzanian; (b) 50% of the officers engaged onboard be Tanz~ian; (c) non-lanzanian crew employed on board the ship shall have their certificates of competency endorsed by the Authority; ( d) has to prove to the Authority that he has the requisite equipment to protect the Marine environment; and (3) Subject to subregulation (1) (b) The Minister may exempt any ship from any of the requirements in this Regulation. 76. Subject to Regulation 75, the following persons are entitled to be registered as the owners of a licensed vessel. (a) the nationals of Tanzania; (b) individuals or Corporati6ns in bona fide joint venture maritime enterprises relationships with nationals of Tanzania; (c) individuals as Corporation owning ships hired out on bare boat charter to National of Tanzania; and (d) such oth~r persons, the Minister may by order, specify. 77. The Six Schedule relating to the private law provisions (Transfers by bill of sale and the registration of mortgages) shall not apply to licensed vessels. 75 Owner ship of licensed · vessels Disapp!i cation of the Sixth Schedule in respect of licensed vessels l l I I !; ' I ' · I 'I• A:fac/wnr Shipping (Regisfrofio11 ,fShips w1d Licensing ,f f:'es.)·el.)) J<c.c-ulations G.\·. :Vr1. /98 rco11td.1 Applica- 78. Applications shall be in a form approved by the tion Minister and shall include: Oetnils to b.: register red and refusal Liccn.:c for vi:ssel (a) a description of the ship; (b) the overall length of the ship; (c) the name of the ship; (d.) the name a nd ~ddress of every owner of the ship; and (e) a decl.µratiQn by every owner: (i) ·that: he is eligible to be the O\.vner of a licensed vessel under Rcgulatior, 76; and (ii) that the ship is entitled to b-~ registered in accordance with Regulation 75. 79.-(1) On receiving an application fer licensing and being satisfied that the ship may properly be licensed and that the name of the ship does not appear to him to be undesirable, the Registrar 0f Ships shall license the vessel and shall recon.i in the Register the following details: (a) the iicence number of the ship; (b) the date of licensing; (c) the date of expiry of iicence in accord<:1flce with Regulation ~2; and (d) the details specified in Regulation 78(a) to (d). (2) Where the Registrar of Ships is not satisfied that the ship is eligible to be licensed, he may, subject to Regulation 92, refuse to license the ship. 80. On registration the Registrar of Ships shall issue a c~Ttificate which · shall contain the details re<.:orded in the R~gister in accordance with Regulation 78 save for the address of any owner. Morking 81.. The person registered as owner of the vessel shall ensure that: (a) within one month of the date on which the licensing of the vessel take~ effect, the vessel shall be marked in accordance with the Third Schedule a5 appropriate; and 76 Merc:lumf Shippi11,1, (R1:'gis/1 a/ion 1{Ships ;1/1Cl Li<.·1.msi11g (!{ Viis.\·..:ls) Regularwn::,: (b) G..V. :Vo. i vii 1crm1d.,1 such murking is effectively maintainf:d · and renewed when necessarY: clurir,.g the period of the licensing of the vessel. 82. The licensing of a vessel under this Part shall, unless terminated under these Regulations, be valid for a period of I yu1r beginning with the date of licensing specified in the licence of the vessel and shall expire at the enJ of that period unless it is renewed under Regulation 83. · 83.-(l) Application for renewal"of licence may be made during the last calendar month of the current licence period. (2) Application for renewal shall be in writing and be accompanied by a declaration as required by Regulation 78(e). 84.-(1) If at any time there occurs, in relatfon to a vessel licensed under this Part: (a) any change affecting the eligibility of the vessel to be so licensed; or (b) any change in relati on to the address of the registered owner of the vessel; or ( c) any change in details relating to the vessel; the registered owner of the vessel shai.l, as soon a!> practicable after the cqange occurs, notify the Rcgi strar of Ships. (2) Notification made under sub-regulation (1) shall be in ~'riting, ·sha!l be signed by the registered owner and shall specify the nature of the change and -the name· and the lic~nce number of the .vessel. f.5.-(1) Where it appears to the Registrar of Ships that then~ is any doubt as to the right of t11e vessel to be licensed, he may require satisfactory evidence to be produced by the person registered as the owner that the vessel is entitled to be so licensed. 77 Period of licence Renewal Notifica tion of changes owners-. hip. Supple mentary informati on producti on of vessel Merchant Shipping (Registration ofShips and Licensing of Vessels) Regulations GN. No. 198 (conul.) Termin ation of licence Service of notices (2) Such evidence may include the production of the vessel for inspection at a place and under such conditions as the Registrar of Ships requires; and, if the necessary evidence is not ·provided within one ~onth of being so · required, he may terminate the licence of the vessel. 86.-(1) In the event of: (a) a vessel ceasing to be a vessel to which this Part applies; or (b) a change in the details recorded on the licence for · the vessel the licensing for the vessel shafl terminate: · (2) Where the licence of a vessel is terminated, the certificate of licence shall cease to have effect and shall, within one month, be surrendered to the Registrar of Ships by the person registered prior to the termination as the owner of the vessel or, if he has died, by his legal personal representative. PARTXI MISCELLANEOUS 87.-(1) Where it appears to the Registrar of Ships that Regulations 47(b), (c), (e), (f), (g), (h) (i) or 74(1)(b), (d) or (e) apply, he may serve notice on the owner or managing owner, or on any charterer, manager or operntor of the ship requiring him to produ~e, within thirty days, evidence, sufficient to satisfy him that the ship is eligible to remain on the Register. (2) If at the expiry of that period of thirty days the Registrar of Ships is not so satisfied, he may: (a) extend the notice and ask for further information or evidence; or (b) serve a final notice which closes the ship's registration, such closure to take effect seven •.· days after the service of that notice. (3) Where a ship's registration is terminated under sub regulation (2) the Registrar of Ships shall issue a closure transcript and the owner of the ship shall forthwith surrender its certificate of registry. · 78 Atfr;rch,mt Shippi11g (Registration o (Ships and Licensing of Vessels) Regulations - ---- --·------=..:.::si:.:::::.:.:.:.:..:.:...-----------.-~ GN. No. 198 {conJd.) 88. Where the Registrar of Ships serves a notice :. under Regulation 87 on the owner of a vessel in respect of which a mortgage is registered, the Registrar of Ships shall send a copy of that notice to the mortgagee at the address recorded for him in the Register. 89. Any document which is not in the English language and is produced in support of any . application under these Regulations shall be accompanied by a notarised translation of the document in the English or Kiswahili language. 90. Where the signature on any docum~nt made under these Regulations is required to be witnessed, any witness to the signature shall be an aduJt person and shall not be the spouse of . the signatory. 91. Where under these Regulations: (a) (b) any person is required to make a declaration on behalf of himself or any body corporate, but is unable to do so and can satisfy · the Regjstrar of Ships that it is due. to reasonable cause, the Registrar of Ships may on such terms as he thinks . fit, dispense with the declaration; or any evidence is required to be produced to the Registrar of Ships, but such evidence is unable to be produced and the Registrar of Ships is satisfied that it is due to reasonable cause, the Registrar of Ships may on production of such other ev.idence as he considers appropriate, dispense -with the evidence. Copy of notice to be sent to · mortga gee Docum ents not in the English language to be accomp anied by a transla tion Witness ing of docume nts ·Dispens ing with .Declara tions 92. Where the Registrar• of Ships is not satisfied by the information provided on an application for registration of a ship ~~~ent that the ship is eligible for registration, he may require such supple supplementary information or evidence as he considers mentary infonnat appropriate for the purpose of satisfying himself that it is so ion· Requi eligible. . 79 1t1erchant Shipping (Registration of Ship:,; and Lic~ming of Ve.~·sel::,) R~gulations : GN. No. 198 (contd.) ; Fees 93. Where a fee is prescribed in respect of any service or Duplicate certificate other transaction to be carried out pursuan~ to these Regulations, · the Registrar of Ships shall not be requ)red to carry· out the ·service or other transaction unless the appropriate fee has been paid. , 94.-(1) Where 1t ~s shown to tl}e satisfaction of the Registrar of Ships that the certificate of f:egistry has been lost, stolen or destroyed or.has become deface<ii or illegible after the event, he may issue to -the.:owner a dupli~ate of that certificate, which shall be marked as such, -and shall be of the same effect as • I the original. . , (2) Where a duplicate c·ertificafe of registry is issued, the original if then available o r. if subsequently found or reco"'.ered : shall be forthwith surrendered·to the ,Registrar of Ships. (3) \Vhere (a) · the port where :the ship is a~ the time of the event, or as the case may be, whi.re it first arrives after the event, is not · in the ; Uniteq Republic of Tanzania· and : ' . ! . (b) the master of -the ship ot some other person having knowledge of the fa<;ts of the case makes a declarati(?n befor~ the proper officer as to the loss, theft, destruction, def~cement or illegibiiity of the certificate; . the proper officer shall notify the Registrariof-Ships. ( 4) On being notified of the evel).t and being satisfied that the ship is entitled to be issued with ;a duplicate certificate the Registrar of Ships shall serid by facsirµile or any other fonn of electrqnic tran$missioil' · to the proper bfficer a· copy of the duplicate certificate which the proper offic~r shall endorse with a statement of the circumstances, under which it is granted. . (5) The fa':simile or oJ:her electronically tr~nsmi~ed vers1011 of the duplicate certificate, temporary certificate as the case may be, shall be surrendered to tlie iRegistrar of Ships as soon as the ori~inal . duplicate certifi:cate referred to 'in subregulattons (1) 1s received by the owner.. ! 80 Mi-:rc/wnl ,S'l1ipping (Registration ~f Ships and Licensing l!{ Vessels) Regulations G.N. No. 198 (contd.) 95.-(1) A certificate of registry shall be used only for the Custody lawful navigation of the ship, and shaU not be subject to of . detention by reason of any title, lien, charge or interest whatever certificate had or cla-ime.d by any owner, mmigagee or oth.er person to, on,• or-in the ship. · -. (2) · .[f any· person refuses to swTender the certificate of registry when .in his possession or under his control to the person entitled to its custooy for the ·purposes of the lawful navigation of the ship, or to the Registrar of Ships,. or an officer of customs·. or any other person entitled·by law-to. demand such delivery, he • shail be guilty of an offence. 96. On ihe te.rmination, .whether by expiration of the registration period or otherwise, of a ship's registration the certificate of registr,; must be returned by the owner or charterer to the Registrar of Ships for ·cancellation. 97. Where a certificate of registry is required by these Regulations to accompany any appliqation and it' is shown to the satisfaction of the Registrar of Ships that for any reasonable cause which includes, but is not limited to, the ship being in ·a port outside the United Republic of Tanzania, or the certificate being needed for an imminent voyage, at the time the application was made th~ certificate ·cannot ;pe produced, the Registrar of Ships may, s,ibject to such conditions as he thinks fit, dispense with its production. 98. If a ship's registration is terminated, whether by expiration of the registration period or otherwise, the marking pre~c~ibed under these Regulations mt1st he removed fro~ the ship. and written confirmation of that removal must be sent to the Registrar of Ships. 99.-(1) Subject to sub-regulation (2) below, no transfer of O\.vnership of a ship or shares in a ship, no renewal of registration, no change of details of the ship or its owners shall be registered in respect of any ship which.: (a) is rei1uired to have its tonnag~ measured in accordance with. the International Convention on Tonnage Measurement of Ships l 969; and 81 Surrend er of certifica-· le on terminat ion or' expiry of registrat ion Dispens ing with produ¥t ton of certificate Removal of marks on cessation of registration Transfers · where tonnage not in accorda nce with Internal• ional Tonnog~ eoo~,tioo ".TC 1969) , .I l ' ! A,ferchanl Shipping (Registration cf Ships and Licensing of Vessel!,) Regulations GN. No. J 98 (conui.J Offences and penalties (b) for which no such measurement has ... been undertaken and registered, until such re-measurement takes place and where necessary the certificate of survey has been lodged with the Registrar of Ships for amendment of the Register. (2) The .provisions of sub-regulation (1) above does not apply where-the transfer, or change of details, arises by reason of the death of an owner of a ship, or a share in a ship. ; , .... , 11 • · -· · • . 1 . PART XII OFFENCES 100.-(1) Any person who, with intent to deceive, u~es or lends or allows to be used by another, a certificate of registry whether in force or not, commits an offence and is liable upon conviction to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars twenty thousand or imprisonment to a term not exceeding five years or to both. · (2) It shall be an offence on the part of the owner or master of a registered ship if any of the marks required by these Regulations to be marked on a ship is defaced, altered, allowed to become illegible, covered or co ncealed and is liable upon conviction to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars five thousand or imprisonment to a term not iess than six months or to both. (3) It shall be a defence for a persof!. charged with an offence under sub-regulation (2) of this Regulation to prove: (a) that he took all reasonable precautions and . exercised all due diligence to avoid the commission of the offence; or · (b) that the effacing, alteration, covering or concealing of the marking was for the purpose of escaping capture by an enemy. (4) Any person who fails, without reasonable cause to surrender a certificate of registry when required to do so by Regulation 94, 95 or 96 commits an offence and is liable upon conviction to a fine of not less than the equival~nt io Tanzanian 82 ,. A,ferc:hant Shipping (Registration o/Ships and Licensing cf Vessels) Regulations GN. No. 198 (comd.) shillings of the United States dollars one thousand or imprisonment to a term not exceeding six months or to both. (5) Any person who in connection with the registration of a ship knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence ·and is · liable upon conviction to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars one thousand or imprisonment to a term not exceeding six months or to both . . (6) Any person who intentionally alters, suppresses, conceals or destroys a document which he has been required. by these Regulations to produce to the Registrar of Ships shall be guilty of an offence and is liable upon conviction to a fine of not less than the equivalent in Tanzanian shillings of the United States dollars one thousand or imprisonment to a term of not exceeding six months or to both. (7) The offences specified in Regulations 40 and 71 shall be punishable upon conviction to a fine of not less than the equivalent in Tanzanian shillings of t)1e United States dollars one. thousand or imprisonment to a term no.t exceeding six months or to both. (8) The offence specified in Regulation 59 shall be punishable .. upon conviction to a fine of not less than the equivalent in Tanzanian shillings of the United States Dollars one thousand or imprisonment to a term not exceeding six months or to both. PART XIII TRANSITION PROVISIONS 1 01 . For the purposes of this Part "new certificate" means a certificate of registry issued in accordance with these Regulations; "old certificate" means any certificate of registry, other than a provisional certificate, issued · under the Merchant Shipping Act 1967; "transitional period" in relation to a ship means the per~od 83 Definiti• ons for this Part l I \ I I .,. ·, Merc:hcmt Shipping (Regi.f~rt1tio11 u (Ships wul Licensing of Vesse4-J · ; '. Regulations. GN. No. 198 (comd.) • commencing· on 21 st November 2004 and ending · on .. th<! date of expiry of the certificate which is specified in relation to ~~eh ,1 ship in the table in Regulation 102 . .. . Validity } 02. of old Certific ates : ... Age of ship .. An old certificate shall re.main in force until either: (a) (b) a\-ieJ yertificate is issued under these Regulations; ot .~:: the ci rtificate has expired, in accordance with the .fqllo~!f g table whichever shall be ·the earlier . . . ~ A . ~- Date of expiry l .. \ ~ of certificate Registered ships other thru{1small ships) with a year I of build before: ,1r,· · ,) I 1" January 1-950 ·{~' 31 st November ,I' , 2005 .. .:.~,. 11" January 1970 '• .. 31 st November ... ; ,, ' " .. :'!V. 2006 11 11" January 1992 · .. , 31 st November if":' '. 2007 .!' ... ·=·· 1 st January 1997 ': • 31 st November ·,, \ . • . ., 2008 ... 20th March 2003 •, • 31 st Nove~ber •. i. . I , 2009 ~ Contin uatiori in force of old certifica tes 103. Notwithstanding Regulation 102, an old certificate shall r~ij\ain in force beyqnd the transitional period if- ·•: :· • •·i . "\'· (a) an application to renew the certificate h~ been corr~'ctly made in accordance with Regulation 33;~d \ 84 .. .. Merchant Shipping (Regi:,·tration of Ships · bnd Licensing of Vessels) Regulations ... ·. . . GN. Nq. I 98 (conJd..) (b) the Registrar has not issued a~new .. certificate by the date of expiry of the transl\iona.J.period; but any new certificate shall commence at th.a't date. . ~~· . ·~ I 04. The Fourth and the Fifth S~ti,edules shall not apjly to any ~hip until a new certjficate. of r~gistry is issued in . · • · tl ~ reJpect of that ship. ... . . ;,", •,i ,~ . 105.-(1) Notwithstanding Regulatio$ 42· and 46 any certificate of registry of a ship, other thari'~a fishing vessel, h . l ,.,, . . W IC 1:- ;{. (a) · is issued during the transitional period; (b) replaces an old certificate of n.;,gistry, shall be valid for a period of five years from'Jpe date of issue. (2) Any duplicate certifi cate issuetj':~o a ship under Regulation · 94 during the transitional p,~riod ·shall be a certificate issued in accordance with thes.t{~:ReguhitionS· and shall be valid for a period of five years from'·ihe date of issue. (3) · The Registrar of Ships may, sul?Je.ct to (b) below, during the transitional period, at his discreti on replace a ship's old certificate with a new certificate ofregittry which shall be valid for a period of five years from the date .:pf issue. . .. · (4) Any such new certificate issu~a in ·respect of a fishing vessel shall expire on the date that',Jhe old certificate would have.expired. .- : 106.-,(1) Notwithstanding Regulatipt' 32 no renewal .notice shall be issued by the Reg istrar o·~ Ships when old certificates of registry are due to expire 4 t the end of the transitional pedod under Regulation 102(b). : ; ·~ ,. (2) At le?st 4 months before the ~xplry of each date mentioned in column 2 in tl~e table in Reghlation 102 or, in the ·case of the first entry, as so.on as pra~ticable after the coming into force of these Regulations, the ·~egistrar of Ships shall publicise that: · · · .-· 85 't t : , .. Register of infom1a ·tion Issue of new certifica tes of registry Adverti sement rather thnn renewal notice ., Merchant Shipping (Registration of Ships and Licensing of Vessels) Regulations GN. No. 198 (contd.) Applic auons for ~ ion made before a:mmcn cem:nt of these Regula tions (a) all certificates of registry will expire on the specified date for ships of that year of build; and (b) application for renewal must b~ made in accordance with Regulations 32 and 33. 107.-(1) Subject to sub-regulation (2) any application for registration of a· ship which is made, but not completed, prior to the commencement of these Regulations shall be completed in accordance with these Regulat10ns. (2) Where: (a) an application for registration. of a ship is made, but not completed, prior to the commencement of these Regulations; and (b) the operation of sub-regulati~n · ( 1) would render the ship ineligible for registration; then the ~pplication shall be detennined in accordance with the relevant legislation under which the application was made. (3) An application shall be deemed to have been made · when a properly completed application, accompanied by the proper fee, is received by a registrar of ships of Tanzanian ships in a port of registration. (4) Where, for any reason the fee is not a proper and a valid fee, or where ~e cheque used to pay a fee is returned by the bank on which it is drawn, then the application shall not be deemed to have been made. (5) Any certificate of registry which is issued in accordance with this Regulation shall be valid for a period of . five years and shall contain the information contained in the Fifth Schedule. 86 ... Merchant Shipping (Registration ofShips and licensing of Vessels) Regulotions · PART XIV SUPPLEMENTARY G.N. No. 198 (contd.) 108. Any reference in any Act other than the Act or in any other instrument made under any such other Act to the port of registration of the ship or the port to which the ship belongs shall be construed as a:ref~rence to the port of choice required to be marked by°"Regulations 22, 44, 46 or 66. FIRST SCHEDULE Reg11/ations 26. 48. 68 and 74 APPROVAL OF NAMES I. Every application to the-Registrar of Ships to approve a.name shall specify a name which is in Roman letters; any numerals shall be in ~0111an or European numerals. 2. In respect of an applicc1tion to register a ship, other than a fishing vessel, the Registrar of Ships shall not approve the proposed name if.it is: (a) alrec1dy the name of a registered Tanzanian ship; or (b) a name so similar to that of a registered Tanzanian ship as to be calculated to deceive or likely to confuse; (c) a name which may be confused with a distress signal; (d) a name which is prefixed by any letters or ·name which could be taken to indicate a type of ship or any other word. pre-fix or suffix which might cause confusion as to the name of the ship. 3. Jn respect of an application to register a fishing vessel, the Registrar of Ships shall not approve the proposed name ifit is: (a) already the name of a vessel in its port of choice; or (b) a name so similar to that of a registered Tanzanian fishing vessel in its port of choice as to be calculated to deceive or likely to confuse; (c) a name which may be confused with a distress signal; (d) a name. which is prefixed by any letters or name which could be taken to indicate a type of ship or any other word, pre-fix or sutlix which might cause confusion as to the name of the ship. 87 Merchant Shipping (Registration u(Ships and Uceming uf Vessels/ Regulations GN. No. 198 (comd.) 4. Subject to pomgraph .5. it'thc Rcgistr;,:r l)J''.ihips i:-: satisfied that •' name docs not foll within 2(a) to (tl) or Jla) tn (d) h.: ~hall not ii)' the applh:,1111 in writing thnl the name i:; approved and the ::hip may he regbt, · cd with lh.:t name. 5. Notwithstanding thai thc Rcgistrnr of Ships ;s satislkd as 10 paragraph 2 or 3 he may rcfU$1! Ill approve a na111.: which might c,u,~c <•ffi::11:..: or 1::111barr:issment. 6. Any ~pproval given umkr par;1graph 2 or 3 ::lwll he v:ilid only liir the period of 3 months bcgi111iing with the date ii is notifo:d to thc applic.u11. 7. If the Registrar or Ships is not so satis[kd he shall notil:,, the opplicant accordingly. 8. Notwithstantling paragrnph 6, th.: Registrar nf Ship$ may aJluw the reservation of a ship's name or designation for a p.:riud or I U )'curs ir he is satisfied that: (a) (b) the ship i$ intentlcd lo replace another of the same 1111111..: which is to be registered within 10 years l>f lh..: date 11f th.: application; the applicant is the owner of a n:giste .. cd ship ll'ith tl11: some name as that which is to be reserved anti its Tonzanio.n re,2istrntion will be closed belur.: the registration . of the new vessel, 01 (c) the applic:int is the own·, or a reg.istcrcd ship with the some name as th;it which is 10 b·~ re~erv.:d and it wil'I b..: sold before the r::~istration ur thc new vessd on cundition that it chonges its name and that its name i~ so changed. 9. Applications ro~ a reservation under paragraph 8 must he accompanied by n full siatement oi' the circumstances of the case. I 0. When: a shi1> having o::ce b..:en rcg.istcreJ has ceased to he registered, no person (unless ·ignoiant or the previuu~ registration), (pr,. >f whereof will lie on him) sh:lll ap!~ly for registration uf tho.: ship other than by the: name by which it was previously registered except with th.: written permission of the Registrar or Ship,. · 88 ~ • . .. , i· :· !, .,a ,. :, '· ! ;, ), I I' ,, Jr ;·1 1' :~ !•, [· ~ ,, ,, ,,. ~ ,, !: ·, ~ ~ r, It ~ 1l ;r r: • ~ 3 ~ a ~ ~ [' i ~ I· t i: g ' ~ -~ i, ... i :{ t i i Q ,'v/erchr.mr Shipping (l?egistration o (Ships and Lii:ensing of Vessels) Regulations ------------ --- SECG~D SCHEDULE hes11lc1fions 22, 63 (//ld 71 PORTS OF Cl lOICE FOR SHIPS TO HE REGISTERED PORT CODE & NAME DS DAR ES SALAAM MT ' MTWARA Ml MWANZA .KG KJGOMA TU ITUNGI TO Tt\NGA THIRD SCHF.iJULE R,rgulatio11s 23. 25, -15 and 72 CARVING AND MARKfl'·'.G BK 13\JKOBA MS MUSOMA MB MBAMBA BAY KS KASANGA G.N. No. / 9S fcl111td.) I. c\'cry ship is required, before it m,w be registered, to be marked perrn:mt:nl ly and conspicuously lo the satisfactio~ ·or the Registrar of.Ships in accl1rd:111cc with this Schedule. 2. The Minister may exempt ,iny cla~s ·Jf ship from nil or nny of the rcquireme11L~ l1f this Schedule, subject to such conditions, if any, as he thinks lit. 3. :-,ubjcct lo any exemption in rc5pcct of that class of ship, n 5hip other than: (a) c1 fishing vessel; < b) a plcn~ure vessel which is under 24 metres; is to be 111:i.rkcd ns f,· llo,\$. (i) its name slrnll be mnrk~d on each of its bows, and its nrimc and its port of choice must bi! mnrked on it$ seem; (ii) thl! marking is to be on a dark ground in white or yellow · tellers, or on a I ight ground in black letters, the lcctc:rs 89 Merchant Shipping (Registration of Ships and Licensing of Vessels) Regulations GN. No. 198 (contd.) follows: being not less than 10 centimetres hi1h and of proportional breadth; and () (iii) its official number and the number c,•.•noting its registered tonnage shall be cut on its mai11 bearn or if that is not possible, marked or fixed th,~r.~on in the manner prescribed in paragraph 4(a). 4. A vessel wh ich is under 24 metres in length is 10 be marked as (a) (b) the official number and registered tonnage are: (i)" to:"be marked on the main beam or, if there is no main •·1-' 'be·am,:on a readily accessible visible permanent part of tht! structure of the pleasure vessel either by cutting in, centre punching or raised lettering; or (ii) to be engraved on plates of metal, wood or plastic, secured to the main beam (or, if there is no main beam,· to a readily accessible visible permanent part of the structure) with rivets, through bolls with the ends clenched, or screws with the slots removed; the name and port of choice [unless an exempted ship], are to be marked on a conspicuous and permanent part of the stern on a dark ground in white or yellow letters, or on a light ground in black letters, the letters being not less than 5 centimetres high and of proportionate breadth, or, where this is not possible by the allernative methods given below: (i) by engraving on plates of metal or of plastic or by cutting in on a shaped wooden chock. Where a shaped wooden chock is used it should be secured to the hull through bolts, the ends being clenched; or (ii) by individual glass reinforced plastic letters and numbers approximately 2mm in thickness. These to be fixed to the hull with epoxy adhesive, and painted with suitable paint and coated with translucent epoxy resin; (iii) where metal or plasric plates have been used these musi be fixed by . the use of epoxy adhesives. Metal or plastic plates secured by adhesives should . be coated wirh translucent epoxy resin after they have been fixed in position. 5. A fishing vessel is to be marRed as follows: ( a) the name of the vessel and the port of choice shall be painted in white on a black background or in black on a white background on the stern of the boat in·•letters which shall not be less than 8 centim-:tres in hei;;ht and 1.5 centimetres in breadth; and (b) the identity mark (port le11ers and the number) .)fthe vessel shall be painted or displayed on both sides of the bow, as 90 . f Merchant Shipping (Registration of Ships and Licensing of Vessels) Regulations G.N. No. /98 (contd.) high above the water as possible so as to be clearly visible from the sea and the air, in white on a black background or black on a white background; (c) for vessels not over 17 metres i.n length, the height of the identity mark shall be at least 25 centimetres with a line thickness of at least 4 centimetres; ( d) for vessels over 17 metres in length, the height of the identity mark shall be at least 45 centimetres with a line thickness of at least 6 centimetres; (e) the identity mark shall in,addition·-~~ painted or displayed on the wheel house top or,scime'other prominent horizontal surface; (f) the vessel's offi cial number shall be carved into the main be?m of the vessel or, if that is not possible, marked or fixed thereon in the manner prescribed in paragraph 4(a). 6. A scale of decimetres, or metres and decimetres, denoting a draught of water shall be marked on a ship, (other than an exempted ship), on each side of its stem and its stem post, as follows: (a) in figures in two-decimetre intervals, if the ·scale is in decimetres; and · · · (b) in figures at each metre interval and at intervening two-decimetre intervals, · if the scale is in metres and decimetres; · the capital letter 'M' beirig'P.laced after each metre figure; the too fiaure of the scale showing both the metr~and (except where it marks a full metre interval) the decimetre figure; the lower line of the figures, or figures and letters (as the case may be), coinciding with the draught line denoted thereby; the figures and letters being not less than one decimetre in length and being marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Minister approves. 7. The name of a ship :;hall be marked in Roman letters :md any numerals· shall be in Roman or European numerals. FOURTH SCHEDULE Regulations 27 and 74 DETAILS TO GO ON REGISTER 1. The following information is to be registered about each owner who is an individual: ( a) surname, forename and title; ( b) address; (c) nationality; (d) number of shares held; 91 r I I ! i ; l I l / I ' ( i I I I j Merchant Shipping (Regis:ratio11 of Ships and Licensing of Vessels) Regulations G,V. No. J .!18 (contd.) (e) the nnmc of the managingcwru:r. 2. The following information is 10 be registered about each owner whir.h is a body corporate: (a) name of owner; (b) the addr::!>s of its registered o!1icc; (c) counlr)' ofincorporntion; ( d) its principal place of business; (e) numbe'.' of shares owned by the company. 3. The fo!lowing information is to be registered about: (a) in respcr.t of fishing vessels, any r.!m11crer: . (i) the full name of the indi·iidual or bc-dy corporate; (ii) the address of the inrli'!iriual, or thc place of business in the United R~puhlic of Tanzania of the bo~y c.orporate. 4. The following information i:; to be registered about ships: (n) name; (b) the !MO number: (c) radio call sign; ( d) port of choice; (e) official number; (I) year of build; (g) method of propubion e.g. wr.ethcr snil, steam, motor or dumb; (h) where built; (i) name and addn:ss of biiildl!rs; (i) datl! keel lnicl/whl!n built; (k) length-metric units; (I) breadth-metric units; (m) depth-metric units; (n) type of ship e.g. dry cargo, oil tai,ker, passe~gcr, bulk carrier; (o) material used "to construct hul1; (p) such of the following lonnai,;cs us are spccift.!d in the certificate of survey: gross, net and registered; (q) make and mociel of cngine(s); and (r) total powi:r of engines in kilownlts. 5. The following is to he registered about fishing vcss<!ls: (ojofficial number (an<l fishing boat number); (b) (c) (d) (e) {I) (g) (h) (i) !MO number ; identity 1':lork; name; mdio coll sign; material used to construct hull; name of builder; year of build; place and country of build; 92 0 I! i! I! I ' ,, .I! 11 lj j • I Merchant Shipping (Registrarion ly'°Sl11jJs t1nd Licensing of Vessels} Reg11/a1ions (i) (k) ( IJ . (m) Ill) (o'i (p) (q) (r) dah: ')f entry inll, service; ovcr.1ll lenglh-mc1ric uni1s; reg.is1cn:d leng1h-me1ric unirs: bre::.dth-mctric uni1s: dcpl!1-me1ric uni1s: gro~s tonnage: net 1 :mnage: totril engi:1c power in kilowaus; m akc nnd model of engine(s). u. In addition to the inforrnAtion in either paragraph 4 or 5 lh~ ./ !i.>i!owing is to he n~gislcred in r.c~pect of bareboa1 chnrtcr ships: --:: (a} the nnme nnd ndt1rcss of the owncr: (b) 1hc name and address of the chnrtcrcr: {,;) nationnl unique identiticr or otliciul number: (d} its counlry of original registration: (c:) commcncemenl d,,te of the i:ham:r period and its expiry datc: (!) the mune by which the ship is known on !he primary rc:gis!••r (or n 1rnnslation of that nnme). FIFTH SCHEDULE Regulntion~ 28 and 74 CEllTl r-lCATE OF REGISTRY (' ! I. A certnic:i1e of regislry for a. ship regis1ered or to be registered shall contain: · · · {a) the full name and address of the owner{s); {b) tile rurnber of shares held by ci:ch owner; {c) the following information nbou•. the ship: (i) name; (ii) the IMO number; (iii) rndio call sign; ( iv) port of choice: ( ·n official number; { v:) year of build; (;•ii} method of propulshn l),g. whether sail. steam. (viii) (ix) (x) (xi) motor or dumb: length-metric units: breadth-metric units; depth-rr,1:tric units: type of sl1ip e.g. di)' cargo. oil tanker, passenger. bulk carrier; ., I ( l \ Merchant Shipping (Registration of Ship.1· and Licensing of Vesse ls) Regulations GN. No. 198 (contd.) Bareboat Charter Registry Ships (d) (e) (xii) such of the: following tonnages as are specified in the certificate: of survey; gross, · net · and registered: (xiii) engine make and model; (xiv) engine power in kilowatts; the date of issue of the certificate; the date the certificate expires. 2. A certificate of registry for a fishing vessel registered or to be registered shall contain: · (a) the: name and address of each owner; (b) the.name and address of any charterer; (c) the·number of shares held; (d) the following details about the vessel: (i) name:; (ii) port of choice and number within that port; (iii) official number; (iv) IMO number; (v) radio call sign; (vi) registered length; (vii) overall length; (viii) breadth; (ix) depth; (x) net tonnage; (xi) gross tonnage; (xii) engine make and model; (xiii) engine power in kilowatts; (xiv) year of build; (xv) date of entry into service; (e) the date and time of the issue of the certificate; (f) the date of expiry of the cc:rtificate. 3. A certificate ofbareboat charter registry for ships registered or to be registered shall contain lh..: d.::tails prescribed by either sub- paragraph I (a), (c), (d) and (e) (for ships other than fishing vessels) or sub- paragraph 2(a). (b), (d), (e) and (I) (for fishing vessels) and the following: (a) the name and address of the charterer; (b) national unique identifier or official number: (c) country of primary registration; (d) . original name (or a transition thereof) if different from its registered name. 94 Merchant Shipping (Registration of Ships c.·,:J Licensing of Vessels) Regulations GN. No. J 98 (contd.) SIXTH SCHEDULE PRIVATE LAW. PROVISIONS FOR REGJSTERED SHIPS General G, 1.-(1) Subject to any rights and powers appearing from the Registrar of Ships to be vested in any other person, the regi~tered owner of a ship or;of a share in a ship shall have power to dispose of it provided the disposal is niade in accordan~e with this Schedule 1111d registration Regulations. (2) Sub-paragraph (I) does not imply that interests arising untler contract or other equitable interest.c~not.subsist in relation.to a ship or a share in a Ship; and such interests may be enforced by or against owners and mortgagees of ships in respect of their interest in the ship or share in the same manner as in respect of any other personal property. (3) The registered owner of a ship or of a· share in a ship shall have power to give effectual receipts for any money paid or advanced by way of consideration on any disposal of the ship or share. 2.-(1) Any transfer of a registered ship, or a share in such a ship, shall be effected by a bill of saie satisfying the prescribed requirements, unless the transfer will result in the ship ceasing to have a Tanzanian connection. · . 7 (2) Where any such ship or share has been transferred in accordance with sub- parc,graph (I), the tr~nsferee shall not be registered as owner of the ship or share unless (a) he has made the prescribed application to the Registrar of Ships; and (b) the Registrar of Ships is satisfied that the ship retains a Tanzanian connection and that he would not refuse to registc, the ship. (3) If an application under sub-paragraph (2) is granted by the· Registrar of ships spa II register the bill of sale in the prescribed manner. (4) Bills of sale shall be registered in the order in which they are produced to the Registrar of Ships for the purposes of registration. 3.-( I) Where a registered· ship, or a share in a registered ship, is transmitted to any person by any lawful means other than a transfer under , plµ'agraph 2 and the ship continues to have a Tanzanian connection, that person·'· ,hall not be registered as-owner of the ship or share unless (a) he has made the prescribed application to the Registrar of Ships; and (b) the Registrar of Ships is satisfied that the ship retains a Tapzanian connection and that he would ncit refuse to register the ship. 95 Transfers of registered ships Merchaut Shipping (Registration <?(S/Ji11.,· and Licensing <~( Vessels) Regulati,ms -----------· <J.N. No. t98 (contd./ Dcri,,itions (2) If on applicatil)n under sub-parag.rnph ( I J is grunlcc} by ,he Rc.gistrar of Shirs. the Registrar of ships shall cnusc the applicant's n'nmc to be rl'gistcred as owner ol'the ship or share. 4.-( I) Where the property in n registered ship nr share in a reg.istcr,:d ship is transmilled to any person by nny lnwl'ul meflnS other 1111111 a translcr under parugraph 2. but !IS result the ship nv longer ho.c; n Tan7.:inian .:onncctiun. the High Court may. on application by or on behalf of that person. cmh:r" sule of the propeny s,) transmitted and dircl·t thnt the: proceeds of ~ale. afkr deducting the expenses of 1hc: sale. shall be paid 10 thnt person or othcrwi~e us 1he court directs. (2) The court mny n:quin: any evidence in support or the upplication they-think requisite, nnd,n111y make the orckr on nny terms nnd cundi1i,)ns tl11!y thinkjus1, or may refuse to make 1he order, nnd generally may .1ct in the c.:ase as 1hc justice of. 1he case requires. (3) Every such application must be m:.de within the pcriml or 28 days beginning with the dute of the occurrence of 1he event on which the trunsmission hns taken place, or wnhin such f'ur1hcr timc (not exc1:cding one :,·c11r) ns the cOLirt moy allow. (4) If: (a) such an application is not made within the time allo;vctl hy or under sub,pnragraph (3 ): or (b) the court refuse an order for sale: the ship or share transmitted shall he liable to forfe:tun:. 5.-( 1) Where any court (whether under parngraph 4 or othcrwi~.!) order 1he snle of' :my registered ship or share in a registered ship. the order or 1he cotirt shall contain a declaration vesting in some named person the right to transf.:r the ship or share. (2) The person so. named shnll be entiLled to transfer the ship or share in lhc same manner and lo the same extent as ifhe were tJ,e regis1cr~J owner of the ~hip or share. (3) The .Registrar of Ships shall deal with any opplic:llinl) rdating to the transfer of ,he ship or slutre mude by the person so named as if thHl person were the regis1ercd owner. . 6.-( I) The liigh Court mny. if they think fit (wilhout prejudice lo the exercise of anx other power), on the npp!icntion of 1111y in1cres1cd person. make an or~er prol\1biting fo r n SP.ccified time any dealing with a registered ship or share 111 a n:g1stcrcd ship. . . (2) The court m&y make the order on any terms or conditions tlu:y think ~US), or m?y refuse to make the order, or ma)'. discharge the or9er when made (with Of ~,•uhout costs) and gencrnlly may act m 1he c11sc as 1he .1usticc of lhe cnse req4ires. (3) The order, when a copy is served on the Rcgisrrnr or Ships, shrill be binding on him whether or not he was mndc a party 10 lhe proceedings. . . Mongnges uf regist1tred ships 7. In this SchcdL1le ·'mor1gage'' shall be constru~d in accordance wi1h paragraph 8(2): prescribed" means pr-:scribed in 1hese R<!gu!a1ions; and "rcgis1ered mortgngc:" means a mort1?,uge registered und1:r p:irngrnph 8(3). 96 I I . I I I l .l \ I I ... 1 i I I I f, : M~rchanl Sh,ippin~ (R~gistra1ion.:oishi~;.a11d ~ic~~~ing of .Ve;is~I;) ,: . . ' . .. · · . · · . . -. · ·.,,,·.Reyi1.lations · · .. · .. , .- .. · · . .... ·; . .-· . . 1 S..,. I I , • .., , • I , • • · · · .. :. ,. . · . . . - ·: .. . . . . G N: N o. '/ !!8 (fo.,,td.) i , · , . 8.-:c•>· A ·regisleted 'sblp.~i share. i~: ~ ~glsrcr~ ship, ~ay be'med~-a'. . . . . . . .- · . . . I ~urity f<>r the repayment ofa loan'or Jhe. discharge of any 'ojhcr obligation, . : . . · . .. . (2) The 'instrµ~n·t:c,e'a(!.~g any:sup~ sei;urity . (~f~rred: to I(! . the · follow ing pr~visions. 0.r this Sche~u!e~ ~ ii !'.jllprig~g~'.') .~hell :~ ·in: ~e ; fo~ . .', · . prescribed by or apprc,v~ un4er tli~R.~glillll~.wis,.. ·: . · · . · . · . .. . 0),Where a.111Prtgag~ execli~ . ii1:~f~ce wit.h sub pai'agraplj (2}· ,. I ' I is 'Prri<:iuce.~ 'to .'~he Reg'i~'t~r Qf' Ships/ he sb,~.F!igi'srer :l he, morigagc:'":in,' the prcscrit,ed:m~nne,:. . , : . . . ;· . ..:: . · . " : . : . . . ,(4) . Moi1g!ll:CS sh!llJ . -~-~. re, is~~t~(M1~~ order. in whic!l . thCY.!J:8f.C-". · produced ici 'the Regililrnr of Ships for the pq~,'?f. r.egistration. · · · . ', .· .! . . '' ' .. .. . " •.,•· .. .. . . . ·. . , . ,9.: \~here t~o or-more,•m~it~~~~;iistere~ i~ re ~P,~~~~f}~ -~ .. · : · 58~--~h/i,.· or S;h~re; ~ the priority -~( ,~tt!m9p.&~t~~-bc!wecn lh.em ~I Y'es'' b~ ~eterinin ed.'by .the· order ~n which 1h·e ~ortgtige~ .. 1ver~ reg iste~ (11!'1~:not' hY. r,efercncc to any 01her m~tle.r). . · . . ·. i . :" ·: · . · · ·.. . · . : . . . -~ . ~ . . · ... IC,.-(,·, : Subject . to .'s~b-pamghip,h (2),. e¥ery- registe.r~d ·· m·ortg~~ee. ,· · .. . shall .have P.OWCr, iflh~ rMitgage m.on:ey.or.~y.pertof!t'i~ due, fo·s~ll.ttie sbip: or ~nre in· r~pcc! of. wtifch he is-.regis.t~c.d.i;rnd:-1p..give effectual' rec~ipti ·for t~e;purchase:' : · · . ·.- . :/ ·: : · · . :: .... ,. · . · · ... :· . . -. ·.-: . · .. ,. . .. · · · •· -i.. (2) Wh;~e-'two'or !JlO ,C m~rt&QSCO,ir ~rc--r;'~istercd. in respect ot ;,;~ ·. sa riie ~ip or share, a subsequent m~gag~liWnot,,exce·pt under an :order.,of ·. a CO.Uri ~f '6mpelcnljurisdi°cti6n,·:scil 'ihc,i$Ri~ oF snare wit~OU1 the ~onclirrcnce . . of.e ~c;ry p~ior mortgagee~ . . : . ,.. ·' . ', . . . . ' . . . ·. . : ~ . . . . . . . . . ' . . .• I .. Where.a s~ip ~r ~hl\~,!.~:·j ~bj~i',to a registered lf!~rlgag~ then--: . t.. . .. t • . : . . . . :· •·.. • • • • • • • • • • • • ·•~ rill.tj,l}t~f · ·.xljgis1ir.e~ . mortgages . , .. kegislet~ :· ·.··. ·. . mongagcc'.s . . . . ·ppwer ~( ..... .. sate ·· · · • • ' 1 : Proteciion · ·of.c, . . (a): except .. ~ -f~ . .-~~roe~~{n~~ssarf fo'r ' njeking 'th~ ·ship -~r : · ~l}are- availabl~ ~~::a.·-~~ri\y. fof' the .!1'>rtga'ge:·d~bt°- the .- . mortgaiee sha!l'.n~t.,bY~~-~on ~flhe mort&age b~ trea~ed. as ·· ' . registtn:d · . •. !110l18l1Pr's • .. , ' . ·owne~ of the· s~ip Qf lillu!.~; end ·: <. • -' · . the ,iibr.tgegor· s~?.l l·bc° treaiC!f . as nol hnving c~ased to 1>e ·0~1,e.rof theship:or.shnrf · ·.. · . • .. · :. . ·' .. : . .. . . . . .. . ~ . . : . . . . . ' . .: . .. .. (bf • ... • • .1 i. : . I . I ' I ·. ·J I I I ;:. ... · ·., .. .• j i j I J . i . , I ·,· .( ··12.-(1) A registe.red 111ort~ge ~iiy be tnmsferr~d by ~~- instruin~nt made. in 1~ f O!ff! pres:erib:cd by ·or, app)oved. und~r' lli~sc· Rcguiatioris. . . . · ... ..... -~· •. . ; .. ,(2) · Where any·su~h lnstru~t is prd<{uced.to 1tie Registrar-of Ships, lhe Registrar of Ships shell 'registe~ the-transferee In lhe preseribcd mwmer... · . Transfer of . . . .. · registered ' . . . I • ,• • •• • ·, •• ' • • I •'r . . . • : .· :. , • : , .· . . · . :· · :: · :· . ·,. . • . ·.: . . 13 •. Where fhe· il'!ler~sj ~f ,(111oi1gegee· fo a registered -~rtgag~: is . . trn11smitCed ~ ~y perspn by ·any;~~wl'ul· means <ither lhen t,y a ·1r311sfer un:der paragraph ll!.,• U:ie Reglslf!II' of. Ship~ shel.1,: oh production of. t~ prcscrilled evidence, cause the · riame ·. of Iha( person 10 be-entereit- -in · the rcgis.ter, as mortgagee ~ftJ:ic ship or,share·in question. ' . .. : · . . .. . ·.' : ' · ... . , . · • -~. ' .... , . . . . ,t 1 • •• .' , ' 97 · · · i' . .. .. . . ' . . · . • .. •.• : ,·, . · ·~orige&e f ra~smis. · . sionot . registered . mo~gage; . by · . , I . . I ' . ·l '• : : i . { I • I . operation ;' ·of!aw . .. , ,: . .' .\ ..... Me"rchant Shipping (Registr(!tion of Ships and Licensing of Vessels) . . .. . . .. ... . Regulations ,., .... G.N. No. 198 (contd.) Discharge of registered morrgage l :4. . \¥,here ~ registered 'ino~gage has .. bd~n discharged, the ) tegistrar of Ships shall, on p·rod\)ction of the mortgage deed and suc.h evidence of t!ie d°ischarge of the mortg~ge as.~ay be pres!,':rib~d. cause an· cr;itry to be made i!l the.fegister to the effect that ihe mortgage has been discharged 1 . . . .. . ,. ' . . . . . . -· . . , . ... : . . .\ . Dar es Salaam, MARK f MWAND.OSYA (MP), .... : . : : ....... , 2005 .,.• . ..r . .,. ·· .. , Minister:of Cbmmunication ,. ·' . atzdTrahsport ! • 1· • ·:. • : · • • ' '· • :!• •. ~.,· ' ... , . : . ' : (· \ ; ... ·: ~: '' . . .. . . •• •• I • • : • • • .. ..... , . ..:• ·-· . ' • • .. . \ l .• • •. , I • , •, , ,'• 0 ., '