Inland Waters Shipping Act

Nb TE : The rate s shown i n this Schedul e are for a single journey. REPUBLIC OF ZAMBIA TRE :i::NLAND WATERS SHIPPIN~ ACT CHAPTER 466 OF THE LAWS OF ZAMBIA CHAPTER 466 THE I~h;;ND WATERS SH~PPTNG ACTCHAPTER 466 THE INLAND WATERS SHIPPING ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Se,ction 1. Short title 2 . Interp retatio n PART II SURVEY .AND REGISTRATION OF VESSELS 3 . App lication o f Par t II 4 . Vessels t o b e surveyed and registered 5 . Survey of vessels 6 . Ports of r e gist ry 7 . Reg i str atio n o f vessels 8. Dur ation and ren ewa l o f certifi c ates o f registration 9. Ame ndme n t s in ce.rti f i cat e s o f r egistration an d r egiste r PART III UJLAND WATE RS AND I NTERNATIONAL ARRANGEMENTS 1 0 . De c l aration o f inland wate r s 11. Agreement with certain o ther cow1trie s 1 2 . Powe r to s us pend provis i on s incon s i s tent wi t h treaties PART IV SURVEYORS AND INQURIES 13 . Powers of inspecti on and unsafe vessel s 14 . General powers of .surveyor,s a nd polic e o f f icer,s L5 . Remova l o f wrec k b y surv19yor 16 . Duties o f surveyors in rela tioi, to surveys 17 . Inquirie s as to shipping ca,s ual t i es PART V GENERAL PROVISIONS Secti on 18 . Appointments by t h e Minister 19 . Duty to give information 2 0 . Damage to navigat i on marks 21 . Certain provisi ons as t o legal proceedings 22 . Ensign to b e prescribed 23 . Offences and penal t i es 24 . Requlations 25. Savings 26 . Repe.al of certain provisions o f the Merchant Shi pping Act , 1894 , o f the Un ited Kingdom CHAPTER 46 6 This Act ha!> been confirmed by an Order niade under section 735 of the Merchant Shippi ng Act, 1894 , o f t he United Kingdom. (S . I. 1 961 No . 1509 of the United Kingdom. )* INLP.ND WATERS SHlPPING *Thi s Act has been confirmed by an Order niade under secti on 735 of the Merc hi;int Shipping Act , 1 89 4 , of the United Kingdom. (S . I . 1961 No . 1509 of the Unite d Kingdom.) An Ac t to 1nake provi s i on for the s urvey, r egi s tration and saf ~ty of certain ves sels used on inland wa ters of Zambi a , for t he safety of passengers and cargo , f o r the compe t e nc y of ma.sters a nd cr ews and for .matters i ncide ntal thereto . [3rd November , 1 961 ]Federal Acts 34 of 1960 1 3 o f 1961 Governmen t Noti ces 249 of 1964 497 of 1964 Statutory I nstrument 155 of 1965 Act No . 13. of 1994 PART I PRELMINARY 1. Thi s Act may be c ited as the Tnland Waters Shippi ng Act . Short t i t le 2 . In thi s Act, unl ess the context otherwise requi res - Interpretati oil. "appointed date" means the 1st January , 1964 ; " certi ficate of registrati on" means a certi f i cate of registrati on issued in terms of section seven; " crew" includes any person empl oyed in a vessel other t han the master; " fishing vessel" means a v.,;,ssel whose measuremen t is l ess than f iv.,;, tons , in whatever way propelled, which is for the time being emp l oyed for the purposes of fishing for profit and which does not carry persons ot)ler than the master and crew necessary for s uch p urposes; " harbour " m'='ans a place o r area desi gn a ted as a harbour by the Minister in terms of section twenty- four; " h ome port" means the p lace at which a vessel i s habitually kept when not on voyage ; " inland waters" means such waters as may be declared to be inland waters by the President in terms of section ten; "ma s ter " means the person having command or charge of a vessel ; " navigation mark" includes any b eac•=, buoy, light , notice: and any other mark or aid t o -navigati on provi ded for t he purposes of thi s Act ; " owner" includes , in the case of .a vessel which is the ,sub j ect of a hire- purchase agreement , the p.erson i n possession of the vesse l in terms of that a.greement; *Thi s Act has been confinned by an Order made under secti on 735 of the Merchant Shipping Act , 1 894 , of th.,;, United Kingdom. (S . I . 1961 No . 1509 of the United Kingdom.) "passenger" inc ludas avery person carri ed in a vessel othar than the master or crew thereof; " registrar of vessel s " means a registrar of vessel s appointed by the Minister in terms of section six ; " surveyor" means any pe.rson appoi nted by the Minister as a surveyor of vessel s in terms of section f i ve ; " surveyor ' s certific ate " means a certifica t e is sued by a surveyor in terms o f section five; " ton'' means t he uni t o f mea.':; ure ment o f the tonnage of a v essel a.':;certained i n the manner prescr i bed; " v-ess e l" includes every d~scription o f water craft used o r c apabl ~ of J;:,eing used a s a means of transportation on water . (As ame nde d by G.N. No . 249 o f 1964) PART II SURVEY AND REGISTRATION OF VESSELS 3 . (1) Subj ect to the provisions o f subsection (3) , the p r ovi s i ons o f thi s Part shall appl y to every vessel used on inland w-aters whi ch i s u sed f or h i re or reward or whose measurement exceeds such t onnage , being n.ot less than fiv e tons , as ma y be prescribed . Appl i cati o n o f Part I I (2) Fo r the purpo s .es of subsection (1) , a vessel shall be deemed to be used f .or hire or reward if she i B u sl;')d in return for payment or material advantage on one o r more occasions , whether or not the v-esse l is used without the 5ervic;es ·o f a mast er or crew . (3) The r e shall b e exempted fr om the p r ovisions o f this Par t (a ) a ve55el operated by the Gove-rnment which i s not ordinarily u sed fo-r the carriage of .members of the public; or tl1eir goods ; (b) a vessel used f or hire or reward whi ch is less than twenty- fi v.e feet i n length overall and which is not propelled by machinery or s.ails ; (c) a f i shing vessel; (d) s u ch o ther vessels or classes of vessels as may be prescribed. (As amended b y G. N . Na . 2 49 of 1.96 4 ) 4 . From a nd after a date to be n o t ified by the Minister ] :,y statutory n o tice i n respect o f any inlan d waters Nhich h e may specify, no person shall us e or permit to be used on any i n l and waters so speci f ied a vessel to whi ch the pr.ovisions o f this Part apply unless (a) she has been s urveyed and r egi stered i ,n accordance with the provi sions of t hi s Act ; and (bl t h ere i s in force i n respect o f such vessel a val id certi f i cate of r ~gi strati on . (As amende d by G.N. No . 24:9 0£ 1 964)Vessel s to be s u ryeyed and registered 5 . (1 )' Before an application for registration of any vessel is made , she shall be surveyed i n accordance with the provisions o f thi s Act . Survey of vessels (2 ) For t h e p urposes of tl:1is Act , the Minister shall by Gazette notice appoin t a surveyor for each port of r.i=gistry, a nd an applicati on for the surv.i=y of a vessel shall be made by, the owner o f the vessel in the form and manner prescri bed t o a surveyor at a port of regi stry on the inl a nd waters on which the home port of the v~ssel i s situated . (3) After receipt of an applicati on in terms of subsection (2) , the surveyor con cerned shall s u rvey the v.i=ss.i=l for the purpose of determining (a) whether the vessel is seaworthy; (b) whether she i s equipped in accordance with the provisi ons of thi.s Act ; (c) her description, tonnage , qimensions , name an d method of propul s i on ; (d) t h e geographical limits or areas 'Of inland waters outsida which the vessel may not be used having regard to her construction, suitability for navi gation and safe operati on; ( e) the JUaximum number of passengers and tJ1e maximum quantity of cargo to be carried therein; (f) the crew to be carried therein and standards of competency to be attained by members o f suob crew; (g) such f u rther matters as may be prescribed . (4) On completion o f bis survey i n terms of subsection (3) the surveyor shall, i f be i s ,sa tisfied that the vessel i s seaworthy and i s equipped i n accor dance with the -provisions of thi s Act , issue a certificate i n such form as may be prescribed , setting out the information and his opinion relating to the matters referred to i n subsecti on (3) . (5) Where a surveyor , in the course o f a survey in terms of s ,ubsection (3) , finds a ve ssel to be unseaworthy o-r to lack equipment required in terms of this Act , he shall make a full list in wri t ing of al l such defects and shall give a copy thereof to t)le owner of the vessel and sh a ll notify him of the date by which the vessel may be produced for further examination, and after all such defects are subsequently remedi ,ed to the satisfaction of tl1e surveyor concerned, he shall issue a cartificate i n accordance with the provi sions of subsection ( 4) (6) A surveyor ' 13 certificate shall be valid for such period as may be prescribed . (As amended by G.N . No . 249 of 1964) 6 . ( 1) For the purposes of this Act tbe Minister shall , by Gazette notice , appoint ports of registry and shall appoint a registrar of vessels for each such port . Ports of registry (2) Every regi strar of vessels s ,hall , in respect of the port of registry for which he is appointed, maintain i n the for m and JUanner prescribed a regi9ter of vessels registered at that port. (As amended by G.N . No . 249 of 1964) 7 . (1) An appli cation for registration of a vessel shall be made by the c,wner in the form and ma:nne.r prescrib.sod to a r egistrar of vessel s at a port of registry on the inland waters on wh i ch the h ome port o f the vessel i e e ituated and , unless otherwi se p r escri bed , such applicati on shall be accompani ed by a valid surveyor ' s certi ficate .Regi stration of vessels ( 2 J No person shall be registered a s the .owner of a vessel until he has made a declarati on as to his ownership of the vesse l in question and , i n r.sospect of vessels of such class as may. J;:,e prescribed , has included i n such d?cl aration a statement of the name and address of any person or persons who will have command or charge of such vessel as master . (3) As s oon as the. requi rements of this Act prel imi nary to regi stration have been complied with, the r?gi strar o f vessels t o whom appl i cation f or r egi stration has been made shall enter i n the regi ster o f vessel s for his port (a) where applicable , the details comprised in the surveyor ' s certificate; (bl the name and address of the regi stered owner ; (c) where applicable, t he name and address of the master ; and shall issue t o the owner a certifi.cate of registration s.etting out the particul ars respecting the vessel in the register of vessels and such other particulars as may pe prescri bed. (4) A registrar of vessel s shall not regi ster a vessel which has be.en brought to inland waters fr om outsi de Zambia unl ess he is satisfied by such proof as he may requi re that the p r ovi s i ons o f the Customs and Exci se Act applicabl e t a the ve·ssel have been complied wi th . (As amended by G.N . No . 249 of 1964)Cap . 322 8. ( 1) Unless otherwi .se provided in terms of this Act , every certificate of regis t ration shall remain in force and be deemed to be a valid certificate of registrati on for such peri od as may be prescribed . Durati on and renewal of certificates of registration (2) Appli cation for renewal of a certificate of registration sha l l be made by the owner of the vessel in the form and manner prescr i bed at any time not earlier than one month before such certificate expi res , and shall in all cases be accompanied by a valid surveyor ' s ·certificate . ( 3) Where the owner of a vess.el has made applicati on for renewal of a c ertificate of registration in acco rdance with the provisions. o f subsection (2) , the certificate of registration shall be treated as remaining in force and be deemed to be a val i d certi f i cate of regi·stration until the owner is no tified in writing of the resul t of his appl ication . 9 . ( 1) Subject to tbe provi sions of subsection ( 2) , when any parti cul ar concerning a 'vessel in respect of whi ch a certi ficate of regi stration i s in force is so altered as not t o correspond with the ·parti c ulars concerning her contained in the register of vessels in terms of subsection (3) of secti on seven, the owner shall, not l ater than twenty- one days after s uch a l terati on , submi t the certificate of registration to the registrar of vessels by Nhom it was issued and notify him of the reasons for such submission and such registrar shall make a ll necessary amendments in the certificate and in the regi ster of vessels . A regi strar in his discreticm may i ssue a new certifi cate of reg i strati on i nstead of amendi ng a c ertif i .::ate i n terms of t hi s sub secti on and may c anc e l a certificat e and del ete the r elevant entri e s i n the regi eter when h e i s s atisfie d tha t a vessel is perma i,e ntly removed from or i s perma n entl y i ncap acita ted f or use on i nl and water s . Ame n dments i n cer t ifica t es of r egi strati on and regi ster (2) Where an amendment i n a C?rti f i cate o f regis trati on or a . regi ster i s requi red by reason of (a) an al terati on in the dimensi ons , superstructure or tonnage or a per manent a lte rati on in the method of p r o pulsion o f the v e s sel o r the addi t i on o f a s uper structure to the vessel; or· (b ) t h e us e f or hi re or reward o f a vessel which was n ot used f or t ha t purpose wh e n t h e certi f i cat e o f registration was last i ssued or r enewed; the regi strar of vess.e l s concerned shall not make any s u ch amendment unless the c erti f i cate of regi strati on submitted t o him i-n terms of subsecti o n (.1 ) is accompani e d b y a valid surveyo r ' s cert ificate issued , as t l1-e case may be , after t h e c omp l eti on o f the a l terati o n descri bed i n paragraph (a) or wi t hin suc h period as may be prescribed bef ore the use of t h e vessel for h i re o r reward . (3 ) When an owner fa il5 to compl y with t h e pro visi ons o f sub5ecti on ( 1 ) the cer t i f i cat e of registrati on i n que!;lti on 'shall, unl e s s the regi strar o f vessel ·s concerned oth erwi se d i rects , be n o l onge r deemed to be a valid certi f i cate of regi s t ration . ( 4 J Subj e .c t t o t he p r ovi s i ons o f this se.ct i o n , the r eg i s t rati on o f a vessel may be transferred from one port o f r egi stry to a n oth er on wr i tten applic a t i on by tl1e owner to the reg i strar of vessel s at the existing port of registry . Every such applicati on shall be a ccompani ed by t h e certi f i c ate o f regi strati on for the vessel in questi on . (5) Upon receiv i ng an appli c ation in t erms o f sub s ecti on ( 4) , the registrar conc e rned shall tran smi t n otice thereof t o the regi strar of vessel s a t the int ended port of reg i stry together with the certi ficate of registration an d a copy of a l l particulars rel a ting to the vessel as noted i n t he regi ster under h i s control . On the recei pt of such do cuments , t h e r e g i strar o f vess.e l s at the i ntende d port of registry shall, sub j ect t o t h e prov i s i ons o f s ubsection (6 ) , ent er i ·n hi s r eg i ster of vessels all the particul ars relevant to the vessel in questi on a nd shall i ssue a new c::ertificate of registration and thereaf ter the vessel shall b e considered f or the purposes of this Act as being registered at the new port o f regi stry . ( 6) Where , in the. case o f an application to t r ans f er the re,gistration o f a v,,is sel in terms o f s ubsecti ons (.4) and ( 5) , the i ntended port of regi str y i s not on the same i nland waters a5 th.e e x i sting port of r e gistry, the r eg i strar of vessels at the intended port of registry may, before complying with the provision s o f subsecti on (5) , have r egar d t o t h e suitability o f the vessel f o r saf e navigati on on the i n l and wate r s on which t h e i ntended port of r egi stry is ·sit ua t ed and ma y require a surveyor t o survey the vessel and report to him as t o such suitabi l ity . If a surveyor :;;o r equired reports that any a l terati on in the constructi on , condi t i on o r e .quipment o f the vessel i s nece ssary to make h er s afe for navigation on the inland .-,aters on Nhich the intended port of registry i s situated, the registrai:- of vessels at such p ort s·hal l not register a vessel in terms o f subsecti o n (5) unt il a surveyor i s satis fi e d that suc h a l terati on has been made . (7) Where the registrati on of a vessel i s transferred to a new port of regi s try i n terms of subsections (4) and (5) , the new certi f i c ate of regi strati o i1 i ssued in t erms of subsecti on (5) shall, unl.sss otherwise provided in terms of thi s Act , remai n in force and be deemed t o be a valid certificate o f registrati on until the date o f expiry of the certificate whi ch it repla ces , s o , h owever , that i f it has been issued after a survey required in terms o f subsecti on (6) , i ts period o f val idity shall commence on the date on which it is issu\3d . (As amended by No . 13 o f 1961 ) PJ\J~T HI INLAND WATERS AND INTERNATTONAL ARRANGEMENTS 10 . The President may, by stat utory order , declare any lake or r iver or part thereof to be inland waters for the j:mrposes of this ACt . (As amended by G.N . No . 24:9 0£ 1964)Declaration of inland waters 11 . (1) .c,onclude o r river The President may, under such conditions as he may deem necessary , a,;rreements. with the government .o f any country which borders on any lake of which a part has been decl ared to be inl and waters and i n any such agreement may make arrangements - Agreement with certain other countri e:;, (a) for the recogniti on and effect ir1 such country of documents issued for the purposes o f this Act , and f or the r ecognition and e ffect i n Zambi a o f documents issued i n s u ch country in r elati .on t o vessels , mas.ters or c rews; (b) f or the use on inland waters of vessels registered in such country and the use on the waters of such country of vessel s re.g i stered in terms of this Act ; (c) generall y for the sa£ety o f passengers and crews aboard and the navigation o f vessel s used on inland waters and on the waters of such country . (2) Every agreement concluded in terms of subsection (1) shall be published in the 'Gazette . (As amended byG. N. No. 249 of 1964) 12 . Where the President is satisfied that the enforcement of any provision of this Act in regard to vessel s of any country would be inconsi stent wi th the .obligations of the Republic under any treaty, convention or agreement entered into by that country and the Republic , he may, by statutory order, suspend the operati on of that p r ovi s i on with regard to vessel ,=; of that country so far as he may deem nec.essary to enabl e th.e aforementioned obligations to be ful f illed . (As amende d by G.N . No . 249 of 1964 and S . I . No . 1 55 of 1965)Powe r to s usp.:?nd provi s i ons inconsi stent with treati es PART IV SURVEYORS AND INQUIRES 13 . (1) A surveyor or any other person o r member o f a c l ass of persons generally or specially authorised thereto by the Minister may at any time go on boarp. and inspect any vess.sol used on inland waters and if such surveyor or person certi fie s i n wri t i ng tha,t the vessel is unsafe he may, i f i n his opini on the case so requi res , d i rect the master o f such vessel forthwith to put ii, to the neai:est sui table berth or anchorage cu:, i f she is berthed ot at anchor , to remain berthed or at anchor , and i f .he s o directs a person shall riot , other than f or the purpose o f so putting in to a berth or anchorage, u.se such vessel in navigation upon inland waters until a surveyor has certified in writing tha t such vessel is n o longer unsafe or unl ess she is so used in i"Wcordance with such other directions as the surveyor or authorised person may deem necessary for the purposes of safety . Power s of i nsp;scti an and 1..insafe vessels ( 2) For the purposes of thi s section , a vessel shal l be unsafe i f th@ surveyor o r o ther person authoris<pd in terms o f subsection (1) is satisfi<pd that the vessel , by reason of her defecti ve coi,dition or equi pment or l ack o ·f equipmeht o r by r e ason o f undarmanning (which expression incl udes the incompetence of the master or crew) or o f overloading or improper loading , is unfit to navigate upon t hat part of the inland waters where she is found without danger to human l ife , having regard t o the nature o f the service f o r which such vessel is i ntended to be employed . 14 . ( 1) Any police offi cer , and any surveyor exercising the powers conf e.rred .or carrying out the duties impo sed upon him in terms o f this. Act , may- General powers of surveyo rs and pol ice officers (a) go on board any ve1,sel at all reasonable ti1nes and inspe·c t the vessel or any part thereof or any of the machinery, boats , equipment or arti cles on board o r any certificates o f competency o f the maste r or any member o f the crew; (b) enter any d ock, boathouse or other premise::; where a vessel or any machinery , boats , equipnLent or part of a vesse l .may be ; (cl examine and make extracts from and copi es of (i) any document issued in terms o f or recognised f or the purposes of this Act ; o r (ii) any l og , record or other document relating to the cons truction or oper a tio n of a vessel ; ( d) require from any p erson an explan ta tion of any entry in any log , reccrrd o r document referred to in paragraph ( c) and seize any sucl"l. l og , rec;ord or document as in his opinion may afford evi dence of an o ffence under this Act ; (e) i n the exercis.e o f the powe rs Conf erred by paragraph (a) or (h) take with him one or more assistants .::,r police officers . (2). The powers conferred in terms of subsection ill may be. e xercised also by a person appointed to make inquiries or as a member of a board of inquiry in t erms of subsection (2) or (3) of section seventeen . (3) Any registrar of vessels and any other person authorised by the Minister may examine and make entries from and copies of (a) any document issued in terms of or recognised for the purposes of this Act; or (b) any log , reco rd or o ther doc ument relating to the constructio n or operation of a vessel ; and for that purpose may at a ll reasoi-iabl e times go on board any vessel or ei, ter any p l ace in which the: document , l o,;r or record may be . ( 4 J A per.son who , on bei ng required t o do s o , fails o r refuse$ t o produc e t o an authorised person o r d o es not ma.ke availabl e f o r exami nation by a n <'!Uthori sed person a docwuent , l og or record .referred t o in this section which he has i n his possessi on or con trol or of which he is the h older or, as the case may be , which i s requi red to be d i splayed or kept in a vessel i n terms of th.is Act shall, subject to the pro vision.'3 o f subsectio n ( 5 J , be guilty o f an offence . (5) The holder of a certifi cate of competency or li ke docwuent recognised .for the purpos.es o f this Act who f ail s to produce the certificate or do cument when required to do s o by an a uthorised person shall not be guilty of an offence i f , .within twenty- one days of the date he .was required t o produce the certificate or d ocument (a) the produ ces th e c ertificate or d ocument t o the a u tho rised p\'3rson ; or (b ) he produc es or sends the certi fi cate or document to the officer i n charge o f the c entr;:i l registry o f vessel s e stablished in terms o f thi $ Act togetl1er with a statement givi ng the name of the autho r ised person a:nd descri bing the c ircumstances i n whicl, be was required t 0 produce the cer t ificate or document . ( 6 ) The offi cer i n charge of the central regi stry of vessels re£erred to i n paragraph (b) o f subsection (5 ') shal l , as soon as a c ert ific ate o r d ocument i s produced o.t sent to. h i m i n terms o f that paragrap h (a) record the part i c u l ars 0 £ the c ertifica te or docwuent ; and (b ) return the c ertificate o r document to the person by whom i t was produced o r s ent ; and (c) n o t i fy the authorised person py whom the produ cti on o f the certificate o r d ocwnent was requ ired that the certifi cat e or docwuent has been s o produced or sent t o him. (7) In this registrar of to examine a secti on , " a uthori sed person" means a poli ce offi cer , surveyo r , vessels o r o ther person authorised by or i n terms of tbis sec tio n d ocwuent , l og or record referred t o in this secti on . (As amended by No . 13 o f 1 9.61 ) 15. (1) Subject to the provisions o f subsecti ons ( 2 ) and (3) , where any vessel is sunk , ::,tranded o r abandonecl on any inland water::, i n such a manner as in the t::ipinion of a surveyo r t o be or t9 be l ikel y t o be.come an obstr ucti on or danger t o navi gati on , i t shal l be l awful but not o b l i gatory for a surveyor- Removal o f wr eck by surveyor (a ) t o take possess i on o f anq r aise, remove o r destroy the whol e o r any part 0f t he vessel , her equipment , stores , fue l , cargo or ballast ; and (b) to light or buoy any suc h vessel or part until t he ra i sin g , removal or destruction thereof ; and (c) with t h e consent o f the Minist er and in suc h manner as the Minister may direct , to sell the vessel , h er ~quiprnent , sto res, fuel , aargQ, bal l ast or part so raised or removed together wi th any o t her property recovered i n the exerc i se of his powers under this secti on ahd out of the proceeds of the sale t o reimburse himse lf for the expenses incurred by him in relation thereto and t he surveyo r s ha ll hold the .surplus , if any, o f the proceeds for the person$ entitled thereto : Provided that ( i ) except in the case: of property which is of a perishable nature or which would .d e teriorate i n value by del ay, a sale shall not b e made iri term,13 o f this section until at least four weeks ' notice of the intended sale has been given by notice published i n the r;:,azette and by advertisement i n a newspaper circ u l ating in Zambia ; (ii) at any time before any property is sold in terms of this section, the owner thereof shall be entitled to have i t del ivered to h im on payment to the surveyor of the fa ir market value thereof , t o be ascertai ned by agreement between the surveyor and such owner o r failing agreement by some person nominated f or the purpose by the Minister, and t he s um paid to t he surveyor as the value of any property under this provision shall for tl1e purposes of thi s s e.ction be deemed t o be the proceeds o f the sale of that property. (2 ) Where any vessel , equipment , !;,tores, fuel , cargo , ballast or other property recovered by a surveyor i n the exerci se of his powers under subsect i on (1) constitutes uncustomed goods as defined in s ection two of the Customs and Exc i se Act , the surveyor concerned shall d e liver such goods to an office r f or d i sposa l in accordance with the pr o vi sions o f that Act . Cap . 322 (3 ) If the total proceeds o f any sale of tl1e vessel or of lier .equipment , stores , fuel, carg o , ball ast or any other property, whether t h e goods are sold unde r t he provisions of the Customs and Exc i se Act r e lating to uncustomed goods .or by the surveyor in t erms o f this section , are insufficient t o pay the Costs of their re-moval and of any such sale, includi-ng t he payment o f salvage claims , if a:ny, ari13ing o u t of such r e moval and of a:ny 13ums du e i n terms o f that Act , the excess of such costs over and above the amount realised by any suqh sale shall be a debt due to t he Gover=ent from the person who was the owner of such vessel at the time when the vessel was sunk, stranded or abandoned and may be sued f o r and r ecovered by acti on by the Minister in any court of competent jurisd i cti on . (As amended by G. N. l>lo. 249 o f 1964) 1 6 . In surveying a vessel f or tl1e purposes o f this Act a s .urveyor shal l :have regard, as may be appropriate t o the vessel b eing surveyed, t o the standards and requi rements r e l at i ng to the survey of passenger shi ps , fire applicances and l ife - saving appliances l a id d.;;wn :from time to t ime in instru cti ons i ssue\:i to surveyors of ships b y the authority whic h issues 13uch instructions in the United Kingdom and shall, in rel ation to matters not oth e r wi se prescribed, appl y such of those standards and e nsure compliance with such o f t h ose requirements as may in his opinion be necessary for t he seaworthi-ness of the vessel , her proper equipment and the safety of pas:;;engers and cargo carried a1 ::,oard the vessel on the inland waters on which she is to b e used .Dut i es of 13urveyors i n rel ation to surveys 1 7 . ( 1 ) Th e Ministe r may d i rect that an investi gat i on sha ll be made into any shippi-ng c.asu a l ty i n accordance with the provis i ons of this secti on and fcrr t he purpose.s of this Ac.t a shipping casualty shall be deemed to occur-Inqui ries a s to shipping casualti es (a) whenever a vessecl has been l ost , abandoned, stranded or damaged on any inland Wi:iters ; (b) whenever any vessel caus19s l oss or material damage to any other V?Ssel cm inland .waters ; (cl whenever any vess~l causes l oss or material damage to any other vessel and any .such v e sse l is in the course o f a Voyage to or from a place on inland waters and is found on inland waters ; (dJ whenever l oss of life occurs by reason of any casual ty happeni ng to or o n b'oard any vessel which is on inland waters or is i n the course c,f a voyage t'o or from a place on inland waters and is f ound on inland waters ; (el whenever any such l oss , abandonment , stranding , damage o r casualty occurs on waters of which any inland waters form a part and any competent witness there.of arrives or is f ound at any p l ace in Zambi a . (2) When a shipping c a1:rnalty occurs, the Minister may appoint a 1,rnrveyor or any other person to make inquiries cis to the causes and circumstance5 of the shipping casualty and to report thereon to him . Any person so appointeq. .shall have access to and authority to exami ne any vessel involyed i n a shipping c asualty , the p l ace where the casualty occurred and any documents , material, equipment or component.s which may b e pertinent to his inquiries . (3) Where it appears to the Ministe-r that it i s expedi ent to hold a formal inquiry into the competency of a maste.r or .member of a crew or into the cause.s a nd circumstance.sofa shipping casul ty, he may appoint a board of inquiry to conduct such inquiry. The baard of i nquiry shal l consi.st of (a) a president who (i) is or ha.s been a Judge of a court having unlimited jurisdiction in civil and criminal matters i n some part of Her Britannic Majesty's dominions ; or (ii) is and has f or not l ess than ten years b een qualifi e d to practice as an advocate or barr i ster i n any court or courts having such jurisdiction; and (b) one or more members having knowledge and ·experi ence of navigation or engineering or .such other speci a l knowl edge or experience as the Minister may deem relevant to the circumstances to be investigated . (4) The -powers , rights and privileges of a board of i nquiry shall be the same as those conferred upon a comm-i.ssioner by the Inquirie.s Act a-nd the provisions of that Act shall , mutatis mutandis, apply in relation to an inquiry and to a person summoned to give evidenc.e o r giving evidence at an inquiry. Cap . '41 (5) Any person whose conduct is err is likely to become the subject of inquiry in t e.r:ms of thi.s Act shall 9e given not less than fourteen day.s ' notice o f the date when the i nquiry is due to co=ence sent by registered post to his la5t known address . Any such person and any other person who is i n any way implic a ted or concerned in the matter under inquiry may appear at the inquiry in person or be represented by a l e.:gal practiti on er and a ny other person who may consider i t des i rable that he should .so appear o r be so represented may, by leave of the boarp. of i n quiry , appe.ar or b.s= represen ted in the manner aforesai d . (6) The Minister may appoi nt a secretary and such other persons as he may deem necessary to assi st wi th the work of a board of inqui ry and thete ril-ay be paid t"o its president, member s , .secretary and any such per.sons .such r emuneration and allowances as the Mini stBr , acting on the a.dvice of the Mi nister responsibl e f.or finance , may determine. . (7) Subject to the provisions of subsections ( 8) and ( 9) , the expenses incurred by a b oard o f i nquiry in the exercisE of its functions and such sums as may bE payable in term.s o f sub.secti on ( 6) sha l l be pai d by the Mi n i ster out o f moneys appropriated for the purpose by Parl iament . (8) A board o f i nquiry may order that the eKpenses o f h o l d i ng the i nqui ry ahd any expenses i nci dental thereto , or any part of those e;tpenses , shall be pai d by any person if it finds that a shipping casualty was caused by the default or negligence of that pers.on or of any j:,erson in his employ . (9) Any swu ordered to be paid by any persan in terms of subsection (8) shall be a debt due to the Mini ater and may be recovered by the Miniater by civil action in a competent court . (J'-.s amended by G. N . No . 2 49 of 196'4 and S . l. No . 155 of 1965) PART V ·GENERAL PROVISIONS 18 . (1) Subject to the l aw governing the public servi ce , the Minister may , for tl1e purposes of th-is Act , appoint persons as surveyors or registrars of vessels or as surveyors and regiatrars of vessels and for such other purpoaes as he may deem necessary for tl1e admini stration of this Act . Appointments by the Mi nister (2) The Minister may confer all or any of t he powers and impose all or any of the duties conferred or imposed upon any person appointed in terms o f subsection (1) upon any person or class of persons in the public service or in the Zambia Police Force . (As amended by G.N . NO. 249 of 1964 and S . I . No . 155 of 1965) 19 . ( 1) Where any surveyor , registrar of vessels , police officer , or any other person or member of a c lass of persons generally or specially authorised by the Minister to exercis.e the powers cc•nferred by this section, has. reason to susj:,ect that an offence in t e;rms of this Act has been cortuttitted by any person on board a ve·ssel , i t .shall be lawful for him or for a,ny other surveyor , registrar of vessels , police offi e-er or person so authorised to require the owner of the vessel to give all information in his possession as to the name , address , description and whereabouts of the master or any oth er person on board the vessel at the time of the alleged offence . A'.ny owner failing to give such information shall be guilty of an offence unless he shows to the satisfaction of the court that- Duty to give in£orrnati o11 (a) he did not have the information and could not with reasonable diligence have obtained it; or (b) i -n t he case o f passengers carried for hire or reward , he did not have the info rma tion . (2) It shall also be la1,vful f or a s urveyor , reg i strar o f vessel s , pol i ce offi cer o r o ther p~rson a uthorised in terms o f s ubsecti on ( 1) t o require any other person t o give such i ri.formation as aforesi'li d ,. o r =Y other iri.f orn1ati on which it is i n bis power to g i ve and which may leo.d t o the ide n t ific ation o f the mas ter o f and any other person on b oard t he vessel , and i f the person r.,?quired t o give such information fail5 to do so he shall be guil t y o f an off ence unl ess he shows to the satisfacti on of the court that (a) h e did n ot have the info rmation and .coul.d n o t wi th r e asonable d i l i gen ce have obt a ined i t ; o r (b) in t he cas e of passengers c arried f or h i re or reward , he d i d not have the informa tion . 20 . (1) A person shall not wilful l y or negl igentl y - Damage to navigation marks (a ) injure any nav igati on mark; or (b ) remove , a l ter or destroy any navi gati on ·mark ; or (cl r i de by, make fast to or run foul o f a navigati rn::i mark. (2) TJ1e provisions of paragraphs (:bl and (c): of subsection (1) shall not apply to any person authori sed by the Mi11ister t o maintain , repai r or remove a navigation mark . (3) The Min i ster may i n any court of competent juri s dicti on recover from any person who has con travened the provisions of subsection :( 1) tb. e .expense i ncurred in repairing or replacing any navigati on mark whic h has been inj ured , removed , a l tered or destroyed i n co.ntrav.entio n of s ubsect i on ( 1 ) . 2 1. ( 1) In all proceedings f or an o ffence agains t the provisions o f this Ac t o r for the recovery of damages f or injury d one by any vessel regi stered under such pro vi s i ons , entries in a regi ster of vessels r elatin.g to the vessel in question s hall be conclusive evidence tha t any person registered at any d a te as the owne r o f such vessel was at that date the owner thereof : Certain provisi ons as t o l egal proceedings Pr ovi ded t hat (i ) t h e provi s i ons of thi s subsecti on shall not have. effect so as to prevent any proceedings o r a c tio n being taken .or instituted a gainst any person n o t regist ered as the owner of such vessel who is beneficially int erested t herein ; (ii) t h e provisions of thi s subsecti on shall not affect t h e r i ghts of any person registered under the provisions of t his Act as the owner of a vessel against any person not so r egi ste r e d who i s b e n efi cially i nterested i n suc h vessel; (iii ): t h e registrat i on of any ve:;;sel shall JJot co nfer , take away or aff eGt any titl e to or i nterest i n s u ch v essel . (2 ) For t he purposes of proceedings in any court or i n any inve.stigation condu cted in t e r ms o f thi s Act , a copy o r extr act fr om any reg i ster o f vessel s or o ther record of whic h a registrar c,f vessels i ,s i n c harge , duly certified as true by the registrar of vess,=l s concerned , shall be receivable i n evi dence o n its mere production by any person and shal l be of li ke value and e£fect as the ori g i nal regi ster of vessel s . (3) A certi ficate purporti ng to have been signed by a person describing h i mself as a regis trar o f vessel.s stating that any provision o f this Act a .', to registrati on o f a vessal o r as to the competency of a master or mernb,=r of a c rew has or has not been compli?d with shall, on its mere producti on by- any person in any court or in the course of any investigation conducted in terms of this Act , be received as pr i ma facie evidencE o f tne facts therei n stateti . 22 . The Minis ter may prescri be an e ns if!n of such col ours a:nd des i gn as he ma y direct which may be worn by, suc;h vessel s , in such manner and for such purposes as ma y be prescribed . Ensign to be prescribed 23 . ( 1) A per son who- Off.ences and penal tie·s (a) for t h e p urpose of obtaining, whether for h imse l f o r for any other person, the issue of a d ocument in terms of this Act makes a declaration or statement whic h he knows to be fa l se in any parti cul ar or does not know or believe to be true , or knowi ngl y makes use of a declaration , statement or do.cument containing the same ; (b) fraudul e ntly imitates , a l ter!;> , mutil ates , d estroys or uses , o r f r a ud ulentl y sells , supplies , l ends or all ows to be used J:,y any other persons any document i ssued for t he purposes of this Act or deemed to have been issued the r e under ; (c) wilfully obstructs , hinders or resists any other person i n the exerci se of his powers or the carryi ng out of his du ties under the provi s i ons of this Act ; (d) sends or takes. o r is a party to s ending o r taking a ves.s.el upon inland waters in such an unseaworthy state that the life of any person is likely thereby to be e ndangered; (e) contravenes or fails to comply l'i'ith any provision of t his Act or any directio n or instructi on given in te.rms o f this Act; shall be guil ty of an offence . (2) If the master or a member o f tl1e crew of a vessel which is registered or shoul d be registered i n terms of thi s Act by wi lful breach of duty or by negl ect o f .duty or by reason of drunkenne ss (a) does any act tendi ng to the immediate l oss , destructi on or serious damage of the vessel or tending iJilmediatel y to endanger the life or l imb of a person belonging to or on board the vessel ; or (b) refuses or omits to do any l awful act proper and requis i te to be done by him for ·preservi ng the vessel from iJilmediate loss , destruction or serious damage o r for preservi ng any person l:,el ongi ng to or on board the vessel from i mmedi ate danger to life or limb ; he shall be guilty of an offence . ( 3) Any person found guilty of an c,ffence i ·n terms of thi s Act shall be liable (a ) for a contraventi on of paragraph (d) of s ube;ect i on (1 ) or of subsection (2 ) or for a f a ilure t o comply wi t h ai,y d ire .ct i on given i n terms of sectioi, thirteen (i) o n first conviction, t o a .fin e n o t ex.ceed i ng three thciusa nd i;ienalty units o r, in defaul t o f payme.nt , to impriso nment for a period not e.xceedi ng one year, o r t o such imprisonment without the option o f a fine , or to J;,oth ; and (ii ) on t h e e;econd or a subsequent c onvi c t i on, t o a f i ne no t exceeding six thousand pen;'l.lty u n i ts o r , i n de fault of payme n t , to i mpr i soruue rit f o r a p e r i .od not exceeding two years , o r to such imp risonment withou t the option iJf a f i nB , o r t o b o th ; (b) f o.1: an offe nc a not referred t o in paragraph (a ) ( i J on first convi cti o n , to a fine n ot ex.ceeding seven h undred and fifty penalty uni t s or, i n defaul t o f payment , t o impri sonment f o r a period not exc eeding one morLth, or to suc;h imprisonment wi t hout the option o f a fine , or t o both; and (ii) on the second or a sub1,equent convic tio n , to a fine no t exceeding o n e thousand fi ve h undred penal ty uni ts o r , i n defaul t of payment , to imprisonmen t f o r a p eriod n.ot e x ceeding two months , o r t o such imp riso nment wi thout the option of a f i n.e , or to b o th . (As ame nded by No . 13 o f 1961, G. N . No . 249 o f 1964 a nd Act No . 1 3 o f 1994) 24 . ( 1 ): The Minister may by regulation p res cribe a ll matters whiqh by t his Ac t are requir ed or pe rmi tted to be prescribed or wh i ch are necessary or convenient to be prescribed for carrying out o r g i v i ng effect to t h e provi s i ons of thi s Ac t . Regulations (2 ) Wi thout d e r o gat i on from the gen erality o f t h e ·pro v isions o f s u bsection (1) , the Minister may, in. the .exerc;ise o f the powers con ferred upon him l::iy that subsection and i n relation to inland l'i'aters and vessels used thereon, provide f o r (a) the measurement of the dimensions and t onnage of vessel s and , f or this purpos e , the s upply o f information; (bl g iving effect to any arrangements made under a n y agreement conclud.ed i n terms o f ,s ection e leven ; (cl t h e acceptance by a registr ar of vessels i n lieu o f a s urveyor ' s cer tifi cate of any cer t ifi cate to t h e same or a s imilar effect i ssued i n any count r y outside Zambia ; (d) the a llocatio n o f i d enti ty marks to vessel s and t h e f o rm and manner in which such marks and othe r particulars shall be displayed on vessels and on li fe- saying appliances carri e q in vessel s ; (e ) the number of passenger s and cre1'i' and the quantity of cargo to be carried in vessels , including p r ovision s for t h e stowing of cargo and precauti ons to be observed in t h e carri age c,f s u c h goods as the Minister may deem ta b e dan 9er ous goods ; (fl the supply o f life - savi ng appliances i n vessel s and the q uanti ty, quality, descriptioI1 ana method o f use o f such clppliances ; (.g) the spe.cifi ca t i ems. and conditi ons with which vessel s and equipment installed or c arried i n vessels shall .comply so as t o ensure the .',afety of persons and cargo c.arried th.?rl9in <1-nd the supJ3ly of informati on and documents relating to the constructi on and equipment of vessel s ; (h) the establishment and functions of a c entral .regi.stry o f vessel s and the manne r i n which i nformati o ri is to be supplie d to such central regi stry by registrars of vessels and by own@rs of vessels ; (i ) the display of certi f i cates of registrati on and the keeping of l o gs i il. vessel s, t h e form and manner in which certifi cates o f r egistration shall be displayed a nd l ogs sl1all be kept , the entries , which shall be evidenc.e o f the matte.rs stated therein, to b-e made in l ogs , the surrender of l ogs and the notificati on of the l oss of l ogs t o the officer in charge of the central registry of vessels ; ( j ) the replacement of cert i ficates which have been l ost o r destro ye d and the renewal of certificates.; (k) the c l assification of vessel !;> , whether by referen.ce to tonnage , dimensions , the purposes for which they are used or o therwise , tbe c lassi ficati on of persons to be carri ed by d i fferent c l asses of vessel s as masters and members of the crew, the numbe r of persons o f each c l ass t o b e s o .carri ed , the standards: o f competency a f those persons , the cer t i f i cates a f competency to be held by those persons a·s proof of thei r competency, the qualifications to be b.e-ld and the examinatio.ns to be passed b y persons to whom c ertificates o f competency are granted , the holding o f such ezaminati ons and the appointmen t of examiners for those purposes and the suspens i on and cancel l ati on .o f certi ficat e.s o f compete n c y ; ( 1 ) the me.asure s to be obser ved f or the preventi on of co l lis i ons and generally for th.e safety of navigation , including provisions as to the use of lights and signals by sound , flags or otherwise , and provisions as to aids to safe navigation b y way of navi gati on marks , t h e conveying of instructions and informati on and the observati on of such i nstructi on s ; (m) the appl i cation to ai rcraft which are designed to manoeuvre on water and which are on the .surface of inland waters and t o persons in c harge o f such aircraft of any or all of the r.egul ati ons made in terms of paragraph (l ') ; (n) the .reporting o'f accidents t o vessels on inland waters or to persons on b oard such vessels ; (o) the geographical limits or areas of inland waters outside which vessels o r c l asses of vessel s may not b e used , having regard to their constructi on , sui tability for navigati on and safe operation; (p) the fees to be paid and the manne.r of payment o f fees for (i) the issue, amendment , reneNal or replacement of any d ocument i ssued for the purposes of this Act ; (ii) the survey of a vessel ; (iii ). examinations for masters and members of crews . (3) The Mini ster may, by statutory notice , designate p l aces or areas of inl and waters oi:- land as harbou rs in respect of which t he Mini ster ma y , by statutory instrument , make regulations f o r the mana.gement and control of such harbours and o f v·essel s and. persons wi thi n th.em , t he powers of persons to effect such con t rol and the payment of fe,es for servic es wi thin such harbours and the Mini ster may make requlati ons accordingly . ( 4) I n exercis e o f the powers conferred by thi s se.ction the Miri.i.'lte r may ­ (a ) make d i fferent provisi o ns with respec t t o ( i ) dif f erent c l asse s of vessel s ; (ii ) different i nland waters ; (iii ) d i fferent harbours ; (b) empower a surveyor to exempt any vessel from any requi rement o f r e.gulation s made in ter ms o f this sectio n t o t he extent that the .<,rnrveyo r is satisfied t11at compl iance therewi t h ,wo uld be unreasonable or impract icable i n the circwnstan.ces a nd that the 5afety o f the vesse l o r passengerB o r cargo car ried there i n. would not be enclangered by such exemp tion.. (As amended by No . 13 of 1961 and .G. N. No . 249 o f 1964) 25 . .A vesse l whio.h., b e f ore the appo inted date , was used on any waters in the former Protectorate of Northern Rhodesia decl ared to be i nland waters in terms of this Ac t , shall, on and after t hat date , b e exempted from the requirements of this .Act as t o surve y and r egistration until the expiry o f any certific ate is·sued i n res pect of such vessel in terms of thi13 Ac t . (G.N . No . 249 of 1 964)Savings 26 . All the provis i ons of the Bri tish Act known as the Me r c hant Shipping Act , 1894 (ot h e r than those of Part I I I and Part XIII the r e.of ) are, h e reby r ep e a l e d i n s o far as t h ey relate to vessels -registered i -n terms o f this Act . (As amended by S . I. l>lo. 155 o f 1965)Repeal of certain pro v is i ons of t h e Merchant Shi pping Act, 1 894 , of t he Uni ted Ki ngdom SUBSIDIARY LEGISLATION INLAND WATERS SHIPPING CAP 466 SECTION 4~THE INLAND WATERS SHI PPING (DECLARED DATE) NOTICE Notice by the Ministe r Fe d eral Government Notice 29 of 1 9 62 Government Not.ices 249 of 1964 497 o f 1964