Merchant Shipping (Amendment) Act, 2014 (Act No. 13 of 2014)

[4th August 2014] Supplement to Official Gazette 405 MERCHANT SHIPPING (AMENDMENT) ACT, 2014 (Act 13 of 2014) • I assent J. A. Michel President 28th July, 2014 ANACT to amend the Merchant ShippingAct (Cap 127A). ENACTED by the President and the NatioualAssembly. 1. This Act may be cited as 1'.llIe- Merchant Shipping (AmeDdmeDt) Act, 2014 and shall come iD.toeperation 0D. sud date as the Minister may, by notice pubislled in the Gazette, appoint. Short title and commencement 406 Supplement to Official Gazette [4th August 2014] [4th August 2014] Supplement to Official Gazette 4Q7 Amendment of Cap 127Aas last amended by S.I. 26 of2004 2. The Merchant Shipping Act is hereby amended as follows (a) insection3, (i) by inserting before the definition of "authorised officer" the following definition substituting therefor the words "Marine Accident Investigation Board"; (c) by repealing the words "Shipping Master" wherever they occur throughout in the Act and substituting therefor the words. "Director General"; "Administration" means the Seychelles Maritime Safety Administration established by section 5;"; '(d) by repealing section 5 and substituting therefor the following section-> (ii) by repealing the definition of "Director General" and substituting therefor the following definition "Director General means the Director General of the Seychelles Maritime Safety Administration appointed under section 5;"; Establishment of Seychelles Maritime Safety Administration "5.(1) There shall be established a Department of Government to be called the Seychelles Maritime Safety Administration. "Marine Accident Investigation Board" means the Marine Accident Investigation Board established by section 227;"; (iv) by inserting after the definition of "Master" the following definition "Minister means the Minister responsib le for Transport;"; (2) For the purposes of administration of the Seychelles Maritime Safety Administration, the ' following public officers shall be appointed (a) Director General of Seychelles Maritime Safety Administration, who shall exercise supervision over all matters of the administration; (iii) by repealing the definition of "Marine Board" and substituting therefor the following defmition (b) Director; (v) by repealing the defmition of "Shipping Master"; (c) Registrar of Shipping; (d) Registrar of Seaman; (e) Surveyors; (f) Examiners; (g) Receiver of wrecks; (b) by repealing the words "Marine Board" wherever they occur throughout in the Act and 408 Supplement to Official Gazette [4th August 2014] [4th August 2014] Supplement to OfficialGazette 409 (h) Legal Officer; (i) Inspectors; G) Such other officers as the Minister may determine, from time to time. Directer "ltA. There shall be appointed a Director for the purposes of thisAct. (3) The Director General may delegate the exercise of any powers or the performance of any duties conferred or imposed on him by or under this Act to such person or persons as he may think fit. . C4) Any act done by, to or before the Director, Surveyor, Examiner or Registrar of Seaman in exercise or performance of any power, right or duty conferred or imposed by this Act shall have the same effect as if done by, to or before the Director Genera1."; ltB. There shall be appointed such Examiners as may be necessary for the purposes of this Act. ltC. There shall be appointed a Legal Officer for the purposes of thisAct."; (h) by repealing in section 130, paragraph (d) and substituting therefor the following paragraph Legal Officer Examiner "(d) the manner of appointment of Director, Registrar of Shipping, Registrar of Seamen, Examiners and Legal Officer, their remuneration and functions;"; (i) in section 131 (i) by repealing subsection (2) and substituting therefor the following subsection (e) by repealing section 9(1) and substituting therefor the following section "9.(1) There shall be appointed a Registrar of Shipping for the purposes of this Act."; (f) by repealing section 11 and substituting therefor the following section "(2) Subject to subsection (3), the Director General may issue in writing a dispensation permitting a specified ~ person to serve in the specified ship in a capacity for which he does not hold the appropriate certificate: Provided that the person to whom the dispensation is issued shall be adequately qualified to fill the vacant post in a safe manner,"; . Registrar of "11. There shall be appointed a Seamen Registrar of Seamen for the purposes of this Act."; (g) by inserting after section 11 the following section (ii) by repealing in subsection (3) the words "Marine Board" and substituting therefor the words "Director General"; 410 Supplement to Official Gazette [4th August 2014] Transitional provisions (iii) by repealing in subsection (4) the words "Marine Board" and substituting therefor the words "Seychelles Maritime Safety Administration"; (j) by inserting in section 227 after subsection (1) the following subsection "( lA) The Marine Accident Investigation Board, in pursuance of the provisions contained inPart XIV of thisAct, shaII (a) examine and investigate all types of marine casualties, accidents, incidents on board Seychelles flag shipsworldwide; (b) address all complaints made by ship owners, training iDstitutes, seafarers or International Maritime Organisation; and (c) .any other matters provided in the Act as the Minister may order in writing."; 3. Upon the commencement of this Act, any act done or omitted to be-done by the Port and Marine Services Division or theMarine Board shall be deemed to have been done or omitted to be done by the Seychelles Maritime Safety Administration or, as the case may be, the Marine Accident Investigation Board. I certify that this is a correct copy of the Bill which was passed by the National Assembly on 15th July, 2014.a~ Luisa Waye-Hive Deputy Clerk