Maritime Rules (Offences) Regulations 2014

, ~ .1 i:.,...è ..... } ~s~✓ 2014/30 Maritime Rules (Offences) Regulations 2014 His Excellency, Tom Marsters Queen's Representative ' ·' . Ortler in Executive Council At A varua, Rarotonga this dayof December 2014 Present: His Excellency the Queen's Representative in Executive Council Pursuant to sections 96 and 117 of the Maritime Transport Act 2008, His Excellency the Queen's Representative, acting on the advice and with the consent of the Executive Council, makes the following regulations 1 2 3 4 8 Title Commencement Interpretation Application Contents Compliance Responsibility for compliance Offences Strict Liability Revocations Regulations and rules revoked Schedule 1 Maritime Rules Off ences Schedule 2 Rules and regulations to be revoked at the time of making the new Maritime Rules · Regulations 1 Title These regulations are the Maritime Rules (Offences) Regulations 2014. Price $3.00 1 2 2 2 2 2 2 3 Maritime Rules (Offences) Regulations 2014 2014/30 2 Commencement These regulations corne into force on 1 January 2015. 3 Interpretation In these Regu.lations, unless the context otherwise requires Act means the Maritime Transport Act 2008 Convention for the purposes of these regulations means any bilateral or multilateral treaty, convention, code, agreement or .understanding relating to maritime transport; safety, security or marine pollution to the extent the Cook Islands is party or bas agreed to adopt and enforce Person includes the owner or charterer and master of a vessel and a seafarer employed on a vesse! and also includes a corporation Rules means, maritime Rules and marine protections Rules made under the Act. 4 Application These Regulations apply to (a) all vessels registered on the Cook Islands Ships Register; and (b) all seafarers who are employed on vessels referred to in paragraph (a) of this Regulation; and (c) all owners, charterers and masters ofvessels referred to in paragraph (a) of this Regulation. Compliance 5 Responsibility for compliance It is the responsibility of an owner or charterer and master of a vesse! to ensure that the vessel and each seafarer employed on the vessel comply at all times with, (a) all Rules applicable to the vessel or a seafarer: (b) all conventions applicable to the vessel or a seafarer. 6 Offences (1) An owner or charterer and master of a vessel who fails to ensure that the vessel and each seafarer employed on the vessel complies with paragraphs (a), and (b) of section 4, as the case may be, commits an offence against the Act. (2) A person who contravenes a provision of Schedule 1 commits an offence against the Act. (3) If a single act or omission amounts to more than one offence then a separate prosecution may be brought for each off ence. (4) A person who cornmits an offence as provided for in these Regulations is liable on conviction ( a) in the case of an individual, to a fine not exceeding $100,000.00: (b) in the case of a body corporate, to a fine not exceeding $500,000.00. 7 Strict Liability (1) In a prosecution for an offence it is not necessary for the prosecution to prove the defendant intended to commit an offence. 2 2014/30 Maritime Rules (Offences) Regulations 2014 (2) It shall be a defence in any prosecution, if the defendant proves the defendant did not intend to commit the offence and that ( a) if it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure it was done: (b) if it is alleged that anything prohibited was done, the defendant took all reasonable steps to ensure it was not done. · Revocations 8 Regulations and rules revoked The regulations and rules set out in Schedule 2 are revoked. 3 MARITIME RULE Maritime (Anti fouling) Ru.les 2014.(No)l Maritime (Ballast Water) Rules 2014.(No)l Maritime (Bunkers) Rules 2014.(No)l Maritime ( CLC PROT) Ru.les 2014.(No)l Maritime (COLREGS) Rules 2014.(No)l 4 Maritime Rules (Offences) Regulations 2014 2014/30 Regulation 6(2) Schedule 1 Maritime Rules Off ences OFFENCES Failure ta hold in accordance with the Rules a valid maritime document recognized or issued by or on behalf of the Secretary or the Administration. Failure ta operate the vessel in compliance with the Rules. Failure ta have and main.tain a maritime product or marine protection product when required in accordance with the Rules. Failure ta comply with the Rules. Failure ta hold in accordance with the Rules a valid maritime document recognized or issued by or on behalf of the Secretary or the Administration. Failure ta operate the vesse! in compliance with the Rules. Failure ta have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure ta comply with the Rules. Failure ta hold in accordance with the Rules a valid maritime document recognized or issued by or on behalf of the Secretary or the Administration. Failure ta operate the vessel in compliance with the Rules. Failure ta have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure ta comply with the Rules. Failure ta hold in accordance with the Rules a valid maritime document recognized or issued by or on behalf of the Secretary or the Administration. Failure ta operate the vessel in compliance with the Rules. Failure ta have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure ta comply with the Rules. Failure ta hold in accordance with the Rules a valid maritime document recognized or issued by or on behalf of the Secretary or the Administration. Failure ta operate the vessel in compliance with the Ru.les. 2014/30 Maritime Rules (Offences) Regulations 2014 Failure to have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure to comply with the Rules. Maritime (DSC) Rules Failure to hold in accordance with the Rules a valid maritime 2014.(No)l document recognized or issued by or on behalf of the Secretary or the Administration. Failure to operate the vessel in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure to comply with the Rules. Maritime (Large Failure to hold in accordance with the Rules a valid maritime Yacht) Rules document recognized or issued by or on behalf of the Secretary or 2014.(No)l the Administration. Failure to operatè the vessel in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure to comply with the Rules. Maritime (Load Lines) Failure to hold in accordance with the Rules a valid maritime Rules 2014.(No)l document recognized or issued by or on behalf of the Secretary or the Administration. Failure to operate the vessel in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure to comply with the Rules. Maritime (MARPOL) Failure to hold in accordance with the Rules a valid maritime Rules 2014.(No) l document recognized or issued by or on behalf of the Secretary or the Administration. Failure to operate the vessel in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure to comply with the Rules. Maritime (MLC) Failure to hold in accordance with the Rules a valid maritime Rules 2014.(No)l document recognized or issued by or on behalf of the Secretary or the Administration. Failure to operate the vesse! in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product when reauired in accordance with the Rules. 5 Maritime Rules (Offences) Regulations 2014 2014/30 Failure to comply with the Rules. Maritime (Wreck Failure to hold in accordance with the Rules a valid maritime Removal) Rules document recognized or issued by or on behalf of the Secretary or 2014.(No)l the Administration. Failure to operate the vessel in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure to comply with the Rules. Maritime (Non Failure to hold in accordance with the Rules a valid maritime Convention Ship) document recognized or issued by or on behalf of the Secretary or Rules 2014.(No)l the Administration. Failure to operate the vessel in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure to comply with the Rules. Maritime (Sail Failure to hold in accordance with the Rules a valid maritime Training) Rules document recognized or issued by or on behalf of the Secretary or 2014.(No)l the Administration. Failur e to operate the vesse! in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure to comply with the Rules. Maritime (SOLAS) Failure to hold in accordance with the Rules a valid maritime Rules 2014.(No)l document recognized or issued by or on behalf of the Secretary or the Administration. Failure to operate the vesse! in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product .when required in accordance with the Rules. Failure to comply with the Rules. Maritime (STCW) Failure to hold in accordance with the Rules a valid maritime Rules 2014.(No)l document recognized or issued by or on behalf of the Secretary or the Administration. Failure to operate the vessel in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure to comply with the Rules. 6 2014/30 Maritime (Tonnage) Rules 2014.(No)l Maritime Rules (Offences) Regulations 2014 Failure to hold in accordance with the Rules a valid maritime document recognized or issued by or on behalf of the Secretary or the Administration. Failure to operate the vesse! in compliance with the Rules. Failure to have and maintain a maritime product or marine protection product when required in accordance with the Rules. Failure to comply with the Rules. 7 Maritime Rules (Offences) Regulations 2014 2014/30 Regulation 8 Schedule 2 Rules and regulations to be revoked at the time of making the new Maritime Rules Title Number Boat Safety Rules 1994 1994/3 Shipping (Certification of Seafarers) Regulations 2001 2001/13 Shipping Collision Rules 1979 1979/10 Shipping (Fisbing Vessel) (Manning) Regulations 2001 2001/8 Shipping (Load Line Convention) Regulations 2001 2001/10 Shipping (Maritime Security) Regulations 2004 2004/13 Shipping (Maunga Roa) Rules 1997 1997/12 1997/20 Shipping Registry (Short International Voyages) Regulations 1997 1997/4 Shipping (STCW Convention) Regulations 2001 2001/9 Shipping (Te Koumaru) Rules 1997 1997/13 1997/21 Shipping (Tonnage Measurement) Regulations 2000 2000/6 Small Craft (Inter-Island Voyages) Rules 1994 1994/8 Aukino Tairea Clerk of the Executive Council 8 2014/30 Maritime Rules (Offences) Regulations 2014 These regulations are administered by the Ministry of Transport. These regulations were made on the day ofDecember 2014. 9