Sierra Leone Maritime Administration Act, 2000 (No. 11 of 2000)

ACTS Supplement to the Sierra Leone Gazette Vol. C~XXXI, No. 30 dated 22nd June, 2000 THE SIERRA IEONE MARITIME ADMINISTRATION ACT, 2000 AR}½NGEMENT OF SECTIONS Sectinn PART I - PRELIMINARY 1. Commencement. 2. Interpretation. PART II - ESTABLISHMENT OF ADMINISTRATION l 3. &tablishment of Administration. j 4. Board of Administration. ~. 5. Tenure of appointed members. · 1 6. Remuneration and expenses of Board members. ! 7. Proceedings of Board. 8. Disclosure of interest PART III - FUNCTIONS OF ADMINISTRATION 9. Committee of Board. 10. Functions of Administration. 11. Power to impose freight levy on ships. 12. Administration of certain enactments and other transferred functions. 13. Transfer of register book. 14. Appointment of Executive Director .. 15. Functions of Executive Director. 16. Appointment of Deputy Executive Director and other staff. 17. Secondment of public officers. 18. Protection of officers and other employees. 19, Con5ultants or experts to be engaged as required. PART tv · - PLANNING AND ANANCIAL MANAGEMENT f° Operational plans ~ budget. i 1. Funds of Adm'1nistrati~ 22. Full-eost-recov~ry for seMces of Administration. 23. Borrowing powers of Administration. 24. Expenditure o~tside Administration's·budget. 25. Accounts and audit. 26. Financial year of Administration. PART V - MISCELLANEOUS PROVISIONS 27, Minister's power of-direction. 28. Annual report of Administration. , 29. Rules and regulations. 11 t. I 'f l :J ' ' } SIGNED this ·6th day of June, 2000. ) No.11 Sierra Leone ALHAJI AHMAD TEJAN KABBAH, President. 2000 The Sierra Leone Maritime Administration Act, 2000 Short title. Being an Act to establish an autonomous body for the registration of ships and other vessels, the licensing and safety of maritime personnel and for the regulation and development generally of maritime, eoastal and inland water transport and for other matters connected therewith. {22nd June, 2000] Dale of com­ mencement. 2 Commence­ ment. I Interpretation. No.11 Sierra Leone Maritime Administration Act 2000 ENACTED by the President and Members of Parliament in thif . present Parliament assembled. PART I - PRELIMINARY l. This Act shall come into operation on a date to be fixed bythe Minister by order in a -;tatutory .instrument. 2. In this Act, unless the context otherwise requires .. Administration" means the Sierra Leone Maritime Administration established by section 3; ··Board" means the Board referred to in subsection (1) of section 4; •·chairman" means the Chairman of the Board ref erred to in subsection (2) of section 4; ··Executive Director" means the Executive Director appointed under section 13; "Flag State" means the state whose flag a ship is entitled to~; • "member" means a member of the Board; "Minister" means the Minister responsible for tran­ sport; "Port State" means a state in whose port a ship sails subject to the appropriate convention; "Ship" includes any ship, vessel, tug, lighter, canoe or boat of any kind whatsoever whether mechanically propelled or otherwise or towed; (Port Act 1964 as amended in 1970) "Vessel" includes an ocean going ship, locally constructed boat and any other vessel plying the coastal inland waterways of Sierra Leone. PART II - ESTABLISHMENT OF ADMINISTRATION Establishment 3. ( 1) There is hereby established a body to be known as the of Admini stra- Sierra Leone Maritime Administration. tion. " (" ~ j ,, :i ' -~ I l ., ,j ; ! ., .... I 1 i No.11 Sierra Leone Maritime Administration Act 2000 (2) - The Administration shall be a body corporate having perpetual succession and capable of acquiring, holding and disposing of any property, whether movable or immovable, and of suing and being sued in its corporate name and, subject to this.Act, of performing all such acts as bodies corporate may by law perform. (3) The Administration shall have a common seal, the use of which shall be authenticated by the signature of the Executive Director and other members of the Board designated in that behalf by the Board. 4. ( 1) The governing body of the Administration shall be a Board of Board which shall, subject to this Act, have the control and supervision Administra of the Administration. tion. (2) Without prejudice to subsection (1), the Board shall be responsible for: (3) members. (a) securing the implementation of the functions of the Administration; (b) the approval of policies for the proper management of the Administration; and ( c) the sound and; proper financial management of the Administration. The Board shall consist of a Chairman and eight other (4) The Chairman shall be a person .t, (a) with a formal qualific~and high standing in any of the professions recognised by the laws of Sierra Leone; or (b) with a f ortl)aYqualification and proven ability in business administration or man~gement, but no person shall be appointed Chairman if he has any finaooial interest, whether directly or indirectly, in any maritime business or µndertaking. (5) The other members shall consist of (a) four persons being senior.officials designated as representatives r:espectrv·ely by each of the following:- · 3. 4 renure of appointed members. No.11 .Sierra Z..o. Marltllnt Administration Act 2000 .. (iJ the Ministry responsible for transport; (ii) the Ministry responsible for fisheries and marine resources; f (iii) the Department of Customs and Excise; · J and (iv) the Ports Authority; (b) a person appointed for his knowledge and experience in the legal aspect of the maritime industry. ( c) the Executive Director appointed under section 13;and ( d) three persons, one of whom shall be nominated by the Minister and the others nominated by an association of persons in the maritime and coastal and inland water transport business recognised by the Minister. 5. (1) The Chairman and the other members referred to in paragraph (c) of subsection (4) of section 4 shall be appointed by the President, acting on the advice of the Minister and subject to the approval of Parliament. (2) The Chairman and the members appointed under paragraph (c) of subsection (4) of section 4 shall hold office for a term not exceeding three years as may be stipulated in their letters of appointment and any such appointment may be renewed as and when necessary. (3) On the death or vacation of office of the Chairman or any of the other members referred to in subsection ( 1), whether such vacation is by termination or otherwise, the President may appoint in like manner another person to serve for the unexpired term of the Chairman or other member, as the case may be. (4) The Chainnan or any member referred to in subsection (1) may resign his office by written notice to the President and may be removed from office hy the President for inability to discharge the 1 1 j ,l 1 ' 1 I 1 l 1 No.11 Sierra Leone Maritime Administration Act. 2000 functions of his office, whether arising from infinnity of mind or body or any other cause, or for misconduct. 6. The Chairman and the other members shall be paid such • remuneration or allowances as Parliament may determine and shall be reimbursed by the Administration, with the approval of the Minister, forexpe~ses incurred in connection with the discharge of their functions. 7. (1) The Board shall hold its first meeting on such date and at such place as the-Mini-ster, after consultation with the Board, may determine; and thereafter, the Board shall meet for the dispatch of business and adjourn, close and otherwise regulate its meetings and procedure as it thinks fit: Provided that the Board shall meet at least four times in a year. (2) An extraordinary meeting of the Board shall be held at the request in writing of the Chairman or of one-third of the membership of the Board. (3) At a meeting of the Board where he is present, the Chairman shall preside and, in his abs·ence, the members present may elect one of their number to preside. (4) The quorum at a mee.ting of the Board shall be six. (5) Each member shall have one vote but in the case of an equality of votes, the Chairman ~hall have a casting vote. ( 6) The Board may at any time co-opt any person to advise or otherwise assist the Board at any of its meetings but the person co­ opted shall not vote on any marler for decision by the ·Board. (7) All acts, matters or things authorized or required to be done by the Board shall be decided at a meeting where a quorum is present and the decision is supported by the votes of at least two-thirds of the mem oers. (8) Any proposal circulated among all members and agreed to in writing by a two-thirds majority of all members shall be of the ·same force or effect as a decision made at a duly constituted meeting 5 Remuneration and expenses of Board members. Proceedings of Board. Disclosure of interest. Committee of Board. Functions of Administration. No.11 Sierra Leone Maritime Administration Act of the Board and shall be incorporated in the n .. inutes of the ne ' succeeding meeting of the Board: ·' , ' ~;: Provided that, if a member requires that such proposal be pla~t before a meeting of the Board, this subsection shall not apply to such proposal. 8. (1) ,Any member having a personal interest whether pecuniary or otherwise, direct or indirect in any contract of the Administration or in any company or concern with which the Administration proposes to make any contract, shall disclose to the Board the fact of such interest and the nature thereof, and such disclosure shall be recorded 4n the minutes of the Board, and ~uch member shall take no part in any deliberation or decision of the Board relating to such contract. (2) Any member who contravenes the provisions of subsection (1) shall be guilly of rfiisconduct and liable to removal from the Board. 9. The Board may, for the efficient discharge of its functions appoint any committee consisting of members of the Board or non­ members or both as the Board may determine and assign to such committee such functions as the Board may determine. PART III - FUNCTIONS OF ADMINISTRATION 10. ( 1) The object for which the Administration is established is to regulate and develop improv.ed standards of performance, practice and safety in the shipping industry in Sierra Leone, including the coastal and inland water transport system, and in the maritime environment. (2) Without prejudice to the generality of subsection (1), it shall be the responsibility of the Administration to carry out the following functions: (a) to administer, in addition to the administration of the Registration of Shipping Act, 1965 referred to in the new Clause ( 14), any other legislation relating to maritime affairs; • I j' l ; .. "= No.11 Sierra Leone Maritime Administration Act (b) to ensure the safety of navigation in the territorial sea; (c) to fulfil flag state and port state responsibilities in an effective manner having regard to the relevant international m'1ritime conventions, codes and other instrum~nts; (d) to deal with-maritime search and rescue matters ---- . including the coordination of the search and rescue operations of the Armed Forces of Sierra Leone, the Ports Authority, ·and the Depar.tment of Fisheries and Marine Resources; (e) to regulate shipping in inland waterways, including the safety of navigation therein; (f) to cause to be investigated any incidents of maritime casualty and taking such action thereon as may be appropriate; (g) to plan, monitor and evaluate training programmes against any maritime conventions and to oversee the trainin~, recruitment and welfare of Sierra Leonean seafarers accordingly; (h) to ensure in collaboration with such other public bodies as the Board may determine the prevention of maritime source pollution, protection of the marine environment and response to marine environment incidents; (i) to pursue the ratification or accession and implementation of international maritime conventions 1n conjunction with other appropriate agencies of Government; (i) to assess ~he manpower needs of the rp.aritime sector for national planning purposes; (k) to liaise effectively with other public-bodies of maritime transport and related transport matters 7 8 Sierra Leone Maritime Administration Act for the purposes of harmonizing activities iu the maritime industry; •·., (l) to initiate research into national maritime + transport development for effective planning:' and coordination; (m) to ensure an efficient, cost-effective and orderly provision of shipping services, including· the detennination of rates for freight and passenger services; (n) to initiate action for the promotion, establishment and development of private, shipping lines; ( o) to propose policies for the development and maintenance of maritime infrastructure such as ports and harbours with other interested1 organizations in Sierra Leone; (p) to advise the Government on maritime affairs1 generally; ( q) to represent Sierra Leone at both national and international fora on maritime matters, and (r) to do all such things as will contribute to the attainment of 'the objective of the Administration stated in subsection ( 1 ). Power to 11. (1) The Administration shall have power in connection ~J;: r;lt,t with its functions under this Act and after consultation with the Ports Act No. 56 Authority ~stablished by section 3 of the Ports Act, 1964, to impose, by of 1964· statutory instrument a charge on all vessels in respect of the manifested cargo discharged o· loaded in Sierra Leone. (2) The rate of any charge imposed under this section shall be as approved by the Board from time to time. (3) The statutory instrument referred to in subsection (1) shall prescribe the procedure for the -payment of the charge imposed and shall include provision for the pay~ent of the charge I • No.11 Sierra Leone Maritime Administration Act 2000 ( a) by the owner or person in charge of the vessel concerned before departure from port in Sierra Leone; (b) to be made in a freely convertible currency; and (c) either directly to the Administration or to any agent of the Administration. t4) As from the commencement of this Act, the power granted by section 66 of the Ports Act, 1964 for the levying of rates by Act No. 56 the Ports Authority shall not include the charge imposed under this of 1964. section. (5) Subject to the directions, if any, of the Minister, the proceeds of any charge imposed under this section shall be managed by the Administration and shall~ applied to finance the activities and objectives of the Administration ',Vithin the framework of the operational plans and budget approved by the Board under section 18. 9 12. ( 1) Notwithstanding any other enactment, the Admini~tration Administration shall be responsiqle for the administration and ~~~~=:~ts enforcement of the following Acts:- and other transferred functions. ( a) the Carriage of Deck Passengers Act, 1961; Act No. 55 of 1961. (b) the Registration of Shipping Act, 1965. Act No. 26 of 1965. (2) Pursuantto paragraph (a) of subsection (1), the Carriage Amendment of Deck Passengers Act, 1961 is amended as follows:- of Act No. 55 of 1961. (a) in section 3, by the insertion immediately before the word "vessel" appearing therein of the following: "Sierra Leone Maritime Administration" means the Administration established by section 3 of the Sierra Leone Maritime Administration Act, 2000"; (b) in section 6, by the substitution for the penalties of "two hundred pounds" and "ten pounds" I , I I 10 Amendment of Act No. 26 of 1%5. No.11 Sierra Leone Maritime Administration Act 2000 prescribed therein of "two million -leones" and "five hundred thousand leones" respectively; (c) in subsection ( 1) of section 8, by the substitution for the words "The Minister may by notice in the Gazette", of the words, '·,trhe Minister, acting on the advice of the I Sierra Leone Maritime Administration, may by notice in a statutory instrument"; (d) in subsection (1) of section 11, by the substitutionforthe words "The Harbour Master, or any person acting on his behalf', of the words "The Harbour Master or any other person acting on behalf of the Sierra Leone Maritime Administration,"; (e) in section 12, by the insertion immediately after the word "may" appearing therein, of the "ords: "acting on the advice of the Sierra Leone Maritime Administration,"; (3) Pursuant to paragraph (b) of subsection (1), the Regi~tration of Shipping Act, 1965 is amended ~Jollows: (a) in section 1, (i) by the substitution for the word "Comptroller" appearing at ., end of the definition of "authorised person" of the words "Sierra Leone Maritime Admini­ stration;" (ii) by the deletion of the definition of "Comptroller"; (iii) by the insertion immediately after the definition of "registered" of the following definition: "Sierra Leone Maritime Administration" means the Administration established by section 3 of the Sierra Leone Maritime Administration Act, 200011 ; 1 I 11 ii • I I ,, ~ No.11 Sierra Leone Maritime Administration Act .2000 . (c) in sections 5 to 59, by the substitution for "Comptrolle( wherever it occurs in those sections of "Sierra Leone . Maritime A dmini strati on"; ( d) in subsection ( 6) of section 11, (i) by the substitution for "Minister of Pinance" appearing therein of "Sierra Leone Maritime Administration"; . (ii) by the substitution for the full stop at the end thereof, of a col on and the insertion of the following: "Provided that any fees determined by the Minister and in force immediately before the commencement of the Sierra Leone Maritime Administration Act, 2000 shall continue in fnrcc until re, nked under this Act". 13. There is hereby transferred to the Administration any register book which immediately before the commencement of this Act was kept or maintained by the Comptroller of Customs and Excise under section 49 of the Registration of Shipping Act, 1965. 14. ( 1) The Administration shall have an ExecutiYe Director who shall be appointed by the President on the adYice of the Minister and subject to the approval of Parliament. (2) The appointment of the Exccuti,·c D1rector shall be upcm such terms and conditions as the Board may, with the approval of the Minister, determine. (3) No person shall be appointed Executive Director unless he has (a) formal qualification in any profession or discipline relevant or appropriate to the operations of the Administration; and (b) such proven ability in public administration or management as the Board may determine. 11 Transfer of regislti' book. Act No. 26 of 1965. ApJX>intment of Executive Director. 12 Functions of Executive Director. Appointment of Deputy Executive Director and other staff. No.11 . Sierra Leone Maritime Administration Act 2000 15. (1) Subject to this Act and any general directions which the Board may give, the Executive Director shall be responsible for th~ efficient organisation and management of the Administration; and ·· (2) Without prejudice to subclause ( 1) it shall be the function of the ~ecutive Director as the Chief Executive Officer of the Ad~inistration but subject to any directions from the Board, to- . (a) formulate and implement the operational policies, programmes and plans relating to th~ functions of the Administration as may be approved by the Board; (b) determine and provide the technical needs of the Administration; ( c) initiate and maintain high-level contact with local interest groups and international institutions in the shipping and maritime industry; ( d) ensure the regular training and development of the staff of the Administration based on such personnel or manpower guidelines as may be approved by the Board; and ( e) to provide overall leadership in the conduct and management of the day-to-day business or activities of the Administration. 16. ( 1) The Administration may also, subject to such terms and conditions as the Board shall determine, appoint a Deputy Executive Director and such other officers and staff as it considers necessary for the efficient performance of its functions under this Act. (2) In making any appointment under subsection ( 1), the Administration shall limit recruitment to positions for which there are vacancies, each with a job description and a continuing justification and based on a general policy (a) to recruit only persons with the requisite formal qualifications, working experience, knowledge, skills and aptitude for the vacancy concerned; ■ No.11 Sierra Leone Maritime Administration Act .2000 (b) 1 to recruit internally if qualified candidates can beidentified;and (c) to ensure non-discrimination and equality of treatment for all applicants. (3) The Administration .shall have, for the efficient performance of its functions~ such divisions as may be required. 17. Public officers may be seconded or otherwise render assistance to the Administration but the Administration may request thl- wi thdrdwal of any such seconded staff who is unable to carry out assigned functions in a manner satisfactory to the Administration. 18. No officer or employee of the Administration or any person acting on the directions of an officer or employee of the Administration shall be liable in respect of any matter or thing done by him in good faith under this Act. 13 · Secondment of public officers. Protection a officers and other employees. 19. Subject to the approval of the Board, the Board may from . Consultants or time to time engage the services of such experts or consultants as it may expertsedto be . engag as consider necessary. required. PART IV - PLANNING AND ANANCIAL MANAGEMENT 20. ( 1) The basic planning framework of the Administration shall be the medium-term pl~ of between two and three years' duration which shall specify the objectives and the strategies to be adopted for their implementation together with a forecast of their effect on key aspects of the performance of the Administration. (2) The medium-term plan shall be elaborated into detailed operational annual plans supported by annual operating, cash and capital expenditure budgets. (3) An annual plan of activities prepared and finalized by the Executive Director shall be submitted not later than three months before the beginning of the financial year of the Administration f ot the approval of the Boa:rd. Operational plans and budget. 14 No.11 Sierra Leone Maritime Admi.nistration Act 2000 Funds of 21. (1) The activities of the Administration shall be financed Aclministrati.>n. by a fund consisting of Full cost­ recovery for services of Administration. Borrowirtg· powers of Administration. ( a) the proceeds of the charge imposed under section 10; (b) any moneys accruing to the Administration in the course of its operations, including fees charged for its services which by law are not required to be paid to the Government or into the Consolidated Fund; (c) any loans raised by the Administration with tlie approval of the Minister; ( d) any investment revenue; and (e) gifts or donations from any person or organisation. (2) Subject to section 21, the funds of the Administration shall be utilized only on the basis of the annual operational plans and budgets, so however, that expenditures shall not exceed expected incomes. 22. The fees and other charges referred to in paragraphs (a) and (b) of subsection (1) of section 19 shall be fixed to ensure the recovery of the full costs of the work involved in the services provided and the realisation of the optimal,commercial val:ue for the facilities and opportunities provided to users. 23. (1) The Administration may borrow money required by it for carrying out its functions under this Act or any other law subject to the approval of the Minister as to the amount, the sources of borrowing and the terms and conditions of the loan. (2) The approval of the Minister under subsection ( 1) may be either general or limited to a particular transaction. .. ... No.11 Sierra Leone Maritime Administration Act 2000 15 24. Where any person, body of persons or department of Government requires the Administration to perform any task or service outside its annual budget, the money to meet the cost involved shall be provided by such person, body of persons or department of Government Expenditure outside Adminimation budget. 25. ( 1) The Administration shall keep proper books of account Accounts and other records in relation to the business or activities of the and audit. Administration in a form approved by the Auditor-General and shall prepare in respect of each financial year of the Administration a statement of accounts designed to ( a) indicate monthly expenditures; (b) providedataforup-to-date budget control based on the management information system of the Administration; and (c) ensure correct use of the funds of the Administration. (2) The accounts of the Administration kept undtr subsection (1) shall be audited by the Auditor-General or by an auditor appointed by him. (3) The statement of accounts and the audit report thereon shall be submitted to the Board for approval and a copy shall be submitted to the Minister as part of the annual report required to be laid by the Minister before Parliament under subsection (3) of section 26. 26. The financial year of the Administration shall be the same as Financial year that of the Government. of Administra­ tion. PART V - MISCELLANEOUS PROVISIONS 27. The Minister may in writing gi,e directions of a general :Minister's policy nature to the Administration concerning its operations in relation ~e~ of . ff h bl . . d .. 1... direcbon. to any matter appearing to a ect t e pu 1c mterest an a&K Administration shall comply with such directions . 6 nnual reJX>rt .dministra­ on. No.11 Sierra Leone Maritime Administration Act 2000 28. ( 1) The Administration shall, within three months after the end of each financial year, submit for the approval of the Board an annual report of its activities, operations, undertakings, property and funds for that year. (2) Subject to subsection ( 1 ), an annual report shall ·include (a) a copy of the audited accounts of the Administration together with the Auditor­ General's reJ'Ort thereon; (b) a statement of all directions given by the Minister to the Administration under sectiwi 25;and (c) such other information as the Board may by writing request. (3) A copy of the ailJlllal report approved by the Board shali be sent to the Minister not latef.-than six months after the end of the year to which the report relates and the Minister shall as soon as possible but not later than one month after the receipt of the report cause the report to be laid before Parliament. (4) In addition to the annual report, the Administration shall submit such other reports on the affairs of the Administration as the Minister may in writing require. Rules and 29. The Administration may by statutory instrument make such regulations. rules and regulations as it may consider necessary or expedient for giving effect to the provisions of this Act. Passed in Parliament this 16th day of May, in the year of our Lord two thousand. J. A. CARPENTER, Cleric of Parliament. No. 11 Sierra Leone Maritime Admi11istratio11 Act 2000 . 17 Tms PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill. I \. J. A. CARPENTER, Clerk of Parliament. ,. ·-·· THE INDEPENDENT MFDIA COMMISSION ACT, 2000 ARRANGEMENT OF SECTIONS Section PART I - PRELIMINARY 1. Interpretation. 2. 3. 4. 5. 6. 7. PART II - ESTABLISHMENT OF COMMISSION Establishment of Commission. Independence of Commission. Composition of Commission. Tenure of office of members of Commission. Remuneration and allowances of members. Meetings of Commission. PART III - FUNCTIONS OF COMMISSION 8. Functions of Commission. 9. Committees of Commission. 10. Secretariat and staff of Commission. 11. Protection of officers and other employees of Commission. 12. Funds of Commission. 13. Accounts and audit. 14. Financial year of Commission. 19 PART IV - LICENSING AND REGISTRATION OF MEDIA INSTITUTIONS A. RADIO AND TEL.t:.VISION BROADCASTING 15. Qualification for radio and television broadcasting licence. 16. Application for radio or television broadcasting licen~. 17. Grant or refusal of radio or television broadcasting licence . • 18 .. Conditions of radio or television broadcasting licence. .:~-It "']:.\"'"··'" 20 . J 19. Non-Transferability of radio or television broadcasting licence. 20. Renewal of radio and television broadcasting Hcence. 21. Suspension or cancellation of radio or television broadcasting licence. 22. ,Appeals. 23. Standards of performance. ~ B. REGISTRATION OF NEWSPAPERS AND MAGAZINES 24. Obligation to register newspapers and magazines. 25. Application for registration of newspapers and magazines. . . 26. . Decision to grant application. 27. Decision to ref use application. ~~ 28. Renewal of registration of newspapers and magazines. 29. Right of party acquiring interest in newspapers or magazines. 30. Penalty for wilful misrepresentation or omission from return. 31. Registrar-General to enter returns in register. 32. Particulars of printers and publishers to ap~ on newspapers and magazines. 4 33. Delivery of signed copies. 34. Power to suspend or cancel registration. 35. Repeal of Cap. 111. PART V - MISCELLANEOUS PROVISIONS 36. Complaints against media institutions. "' 37. Establishment of register. 38. Regulations. 39. Existing media institution. 40. Offences and penalties. ..... 41,. Annual report of Commission. SCHEDULE (Section 29)