Small Craft Act, 2014 (No. 14 of 2015)

ANTIGUA AND BARBUDA THE SMALL CRAFT CONTROL ACT, 2015 No. of 2015 The Small Craft Control Act, 2015 No. of 2015 2 No. of 2015 The Small Craft Control Act, 2015 3 THE SMALL CRAFT CONTROL ACT, 2015 Sections 1. Short title and commencement. 2. Interpretation. 3. Application. 4. ADOMS to be Authority for small craft 5. Enforcement 6. Regulations 7. Repeals The Small Craft Control Act, 2015 No. of 2015 4 ANTIGUA AND BARBUDA THE SMALL CRAFT CONTROL ACT, 2015 No. of 2015 AN ACT to regulate and control small craft operations in Antigua and Barbuda and for incidental and connected purposes. ENACTED by the Parliament of Antigua and Barbuda as follows: 1. Short title and commencement This Act may be cited as the Small Craft Control Act, 2015 and shall come into force on a day to be fixed by the Minister by Notice published in the Gazette. 2. Interpretation In this Act— “Authority” means The Antigua and Barbuda Department of Marine Services and Merchant Shipping (“ADOMS”); “authorised officer” means— (i) an inspector appointed by the Director of The Antigua and Barbuda Department of Marine Services and Merchant Shipping, or any other person who has the powers of inspection under the Antigua and Barbuda Merchant Shipping Act, 2006; (ii) any officer or soldier of the Antigua and Barbuda Defence Force Coast Guard; and (iii) any other category of persons designated as an authorised officer by the Minister. “Minister” means the Minister responsible for merchant shipping and ship registration; “owner” in relation to small craft, includes any person having, either by law or by contract, the same rights as the owner of the small craft with respect to the possession and use thereof; “small craft” means a vessel of less than 24 metres of length, whether non self propelled, power-driven, manoeuvred by oars or poles or under sail, but does not include a vessel registered under the Fisheries Act, No. 22 of 2006. No. of 2015 The Small Craft Control Act, 2015 5 3. Application (1) This Act applies to small craft operating within Antigua and Barbuda waters, irrespective of whether the small craft is also licensed or registered under any other law in Antigua and Barbuda. (2) Notwithstanding subsection (1) a vessel owned or operated by the Government of Antigua and Barbuda and used only for government non commercial purposes, which falls into the description of a small craft under this Act shall be exempt from the provisions of this Act. 4. ADOMS to be Authority for small craft (1) The Antigua and Barbuda Department of Marine Services and Merchant Shipping (“ADOMS”), shall be the authority responsible for the Registration, Licensing and Regulation of small craft. (2) A person shall not operate a small craft unless it is licensed under this Act and has on board evidence of a valid license issued under this Act. 5. Enforcement (1) An authorised officer shall be responsible for the enforcement of the provisions of this Act. (2) The Minister may designate by notice published in the Gazette such persons as he considers fit to be authorised officers for the purposes of this Act. 6. Regulations The Minister may make regulations for carrying out the provisions of this Act, including regulations— (a) that govern the process and fees for registration of small craft; (b) that govern the process and fees for licensing of small craft; (c) establishing the competencies for licensing persons to operate small craft; (d) requiring small craft registered under this Act to be insured; (e) prohibiting the importation, sale or use of certain types of small craft if he or she is of the opinion that they are hazardous; (f) regulating the importation, sale, distribution or use of classes of small craft; (g) respecting the rules that apply to persons selling rides to the public; (h) respecting the protection of the interests of users of beaches adjacent to designated areas used for water sports activities and the general public; (i) regulating the safe operation and manoeuvring of small craft; (j) relating to the safety and security equipment to be carried on board; (k) granting of exemptions; (l) stating offences and penalties; (m) for the effective carrying out of the provisions of this Act. The Small Craft Control Act, 2015 No. of 2015 6 7. Repeals The Port Authority Regulations made under the Port Authority Act CAP. 333 are amended by repealing PART VI of those regulations which carry the title “Small Craft” except for the following— “Regulations 73-77 inclusive, 94, 96 and 97”. Passed by the House of Representatives on the , 2015. Passed by the Senate on the , 2015. Speaker. President. Clerk to the House of Representatives. Clerk to the Senate.