Shipping (Registration) Regulations 2010 (L.N. No. 69 of 2010)

331 [Legal .'\otice .'so. 69) SIJIPPIXG (REGISTRATIOX) REGt;LATIOXS 2010 ARRAXGE:\1EXT OF REGCLATIOXS PART 1 - PRELLVIIXARY I. Citation and commencement 2. Interpretation 3. Application of these Regulations PART 2 - APPLICATIO.'\S l'OR REG!STRATIOX OF VESSELS 4. Form and particulars for applications 5. Declaration of Entitlement to Ownership PART 3 - REQURE\!IEXTS APPLYl.'\G TO TIIE REGISTRATIOX PROCESS 6. Builders Certificates 7. Tonnage measurement 8. Carving and :vrarking .'sates 9. Approval of Registration PART 4 - PROVISIO.'\ALREG!STRATIOX I 0. Applications for Provisional Registration 11. Protection for the crew of provisionally registered vessels PART 5 - REQURE:v!EXTS APPLYIXG TO XA:v!ES OF VESSELS 12. Vessels to be described by registered name only 13. Restrictions applying lo names of vessels 14. Change of registered names 332 PART 6 • CIIAXGES OF OWXERSIIIP AXD PARTICCLARS 15. Recording changes of ownership 16. Requirements applying to Bills of Sale 17. Requirement to notify changes in ownership 18. Changes to a vessel's registered particulars PART 7 • TRAXSYIISSIOX OF IXTERESTS IX VESSELS 19. Authentication of the transmission of any interest 20. Transmission of interests in a registered vessel PART 8 • REGISTRATIOX OF Y!ORTGAGES AXD LIEXS 21. Registration of mortgages applyiog to registered vessels 22. Discharge of registered mortgages 23. Xotification of changes in mortgage interests 24. Registration of maritime liens 25. Discharge of registeied maritime liens 26. 27. 28. PART 9 • OTHER YIATl'ERS AFH!CTIXG Tim REGISTER Grounds for termination of registration Review of the register Registration of other authorised matters PART IO • SAFETY REQCIREY!EXTS APPLYIXG TO REGISTERED VESSELS 29. Survey and safety certificates 30. Survey and safety certificate fees 31. Annual registration fees 333 PART 11 - \1ISC:ELLA);E()l;S 32. Cse of Forms 33. Periodic review of Fees 34. Offences against these Regulations 35. Compliance with other laws 36. Repeals 37. Saving of existing registration SIIIPPI'.\G ACT 1998 ('.\o. 5 of 1998) SIIIPPl'.\G (REGISTRATIO'.\) REGL'LATIO:\'S 2010 !); exercise of the powers conferred upon the \1inister by sections 51, 52 and 92 of the Shipping Act 1998, the \1inistcr makes these Regulations PART I - PRELl\1I:--;ARY I. (I) These Regulations may be cited as the Shipping (Registration) Regulations 2010. 2. appears (2) These Regulations shall commence on the I st day of July 2010. (I) In these Regulations, unless the contrary intention "the Act" means the Shipping Act 1998; "the Administration" means the Solomon Islands \1aritime Safety Administration established under the \1aritime Safety Administration Act 2009; "approved form" means the form approved for that purpose by the Director in accordance with regulation 32; "convention vessel" means any registered vessel other than a non convention vessel; Citation and conm1encen1en1 ln!eipretation I II Application of these Regulations 334 "gross tonnage" means the gross tonnage of the vessel as specified in relation to a vessel in the register, and where the gross tonnage of a vessel is not accurately known, then for all regulatory purposes it shall be determined by the formula Length x Breadth x Del).th x 0.75 100; "length of vessel" means the overall length of the vessel as specified in the survey certificate; "non convention vessel" has the same meaning as in the Shipping ('.\on-Convention Vessel Safety) Regulations 2006; "prescribed classification societies" mean any ofthc classification societies listed in Schedule I; and "registrar" means the Director of :vlarine holding office in accordance with the :vlaritimc Safety Administration Act 2009, and lawfully vested with the functions and powers of the registrar under the Shipping Act 1998. (2) All words and phrases in these Regulations shall have the same meaning as is given to them under the Shipping Act 1998 and the Shipping (Xon Convention Vessel Safety) Regulations 2006, unless a contrary intention appears. 3. (1) These Regulations shall apply to all vessels required to be registered under Part II and Part III of the Act. (2) These Regulations shall apply to the registration of all vessels, and all other matters provided for under these Regulatioins, from the I st day of July 20 I 0. 335 P/\RT 2 . /\PPL!C/\TIOXS FOR REGISTR/\TIOX OF VESSELS 4. (I) Applications for the registration of all vessels to which these Regulations apply shall be in the form approved by the Director pursuant to regulation 32, and shall specify (a) the name of the owners to be registered, and their residential and business addresses; (b) a description of the vessel, and particulars of (i) its tonnage; and (ii) of any previous registration; (2) Each application made under this regulation shall be accompanied by (a) an application for the name of the vessel in the approved form, with a list of at least 3 alternative names; (b) a Declaration of Qualified Person in the approved form, which provides details of each of its owners; (c) evidence of the vessel's seaworthiness to the satisfaction of the registrar; (d) evidence of the cancellation of any previous foreign registration; (e) evidence by Bill of Sale in the approved form that the applicant is the owner of the vessel; (f) appointment of a :v1anaging Owner or :v1anager (if any) in the approved form; (g) a Declarationj of Appointment of /\gent in the approved form, if an agent is appointed; and (h) a certificate in the approved form signed by the builder, if it is a new vessel. Fonn and par1iculafs for applications Declaration of Entitlement to Ownership 336 (3) Each application for registration shall be accompanied by the prescribed f cc. 5. (I) Every Qualified Person who wishes to be registered as an owner of a registered vessel, or a share in the ownership of a vessel, must complete a Declaration of Entitlement to Ownership in the approved form. (2) Each declaration shall specify (a) the name of the vessel; (b) each person who has a share in the ownership of the vessel, with particulars of (i) the address and nationality of each person claiming ownership; (ii) the grounds upon which each person claims their nationality; and (iii) the qualifying interest, with documentary evidence of that interest. (3) The particulars required under this regulation can be provided in several documents, if the combined particulars provided in the several documents comply with the· requirements stated in the approved form. (4) Where the registrar has any doubts as to the bona fide ownership of a vessel in relation to which an application for registration has been made, the registrar may require the applicant to place a public advertisement notifying of the proposed application and seeking any response from persons making any claim to ownership of the vessel. (5) The requirements applying to an advertisement under sub-regulation (4) may be determined by the registrar, and the registrar may proceed to rcgisterthe vessel ifno response has been received within the stipulated time. (6) The registrar may approve a Declaration submitted under this regulation, and upon payment of the prescribed fee the registrar may make an entry in the register to record the relevant ownership interest. 337 6. (I) For the purposes of rcgistation of vessels, the builders certificate required under regulation 4(2)(h) shall specify -· (a) the name (if any) of the vessel; (b) the builder's identification number for the vessel; (c) the year the vessel was built; (d) the place the vessel was built; (c) the name and address of the builder (f) the name and address of the person for whom it was built; (g) the particulars and characteristics of the vessel; (h) the builder's estimate tonnage oif the vessel; and (i) any other matter or particular required by the registrar (2) Every builders ce11ificatc shall be in the approved form, and shall be signed by the builder or builders of the vessel. (3) The specifications and particulars required under this regulation may be contained in mbre than one document if the vessel was built in stages by more than one builder, but each builder must sign the certificate if it relates to more than one stage of construction by different builders. (4) If the builders certificate cannot be obtained for reasons that are accepted by the registrar, then the owner must make a declaration stating each of the specifications and particulars required by this regulation, and the declaration must be attached to the application for registration. (5) For the purposes of this regulatioin, if a vessel has been altered after its completion then that shall be regarded as having been constructed in more than one stage. Builders Certificates Tonnage 7. measurement measurement (I) 338 For the purposes of registration of vessels, tonnage (a) for vessels to which the Tonnage Measurement Convention applies - shall be done in accordance with the Tonnage Measurement Convention 1969 as amended; or (b) for non-convention vessels - shall be done in accordance with the Shipping ('.\on-Convention Vessel Safety) Regulations 2006. (2) In the case of a vessel to which the Tonnage Measurement Convention applies the Tonnage Ce11ificate must be in the approved form. (3) All vessls must be made available for measurement by an approved surveyor, and the owner and master of the vessel must make available all necessary facilities for the inspection and measurement to be undertaken. (4) Plans, drawings, specifications and other documents required by a surveyor must be made available by the owner and master. (5) Registration of a vessel shall not be made under these Regulations until the registrar has been provided with (a) for vessels to which the Tonnage Measurement Convention applies - an International Tonnage Yleasurement Certificate; or (b) for non-convention vessels - a tonnage survey report issued in accordance with section 20 of the Act; and (c) a cetificatc of survey in the approved form, which must confirm that the vessel is in class with one of the prescribed classification societies; and 339 (d) a cc1tificate of survey in the approved form, which must confirm compliance with the conventions referred to in section 56( I) of the Act. 8. (I) The Carving and \1arking Xote issued by the registrar Car,ingand shall be in the approved form and shall indicate requirements for the marking of ,larking ,Cotes a vessel in compliance with this regulation. (2) The marking of every vessel must confirm to the Carving and \1arking Xote issued by the registrar, and each vessel shall be marked (a) with its name each side of the stem; (b) with the word "Honiara" on its stern and below its name; ( c) on each side of its stem and stern by a scale by a scale of decimetres, or metres and decimetres, to denote its draught; (d) on its main beam with its official number and gross tonnage; and (e) with the load line marks determined by the surveyor. (3) The name and place of registration shall be in white or yellow letters on a dark background, or black letters on a light background. (4) Letters must be at least 10cm in height (with proportionate breadth), and not less than 2 cm in thickness. Approval of 9. 340 (5) The draught markings required under sub-regulation (2)(c) shall (a) be in white or yellow letters on a dark background, or black letters on a light background; (b) be welded or cut into the vessel; (c) be 10cm in length, with proportionate breadth; and (d) show each metre interval and each intervening 20 cm interval, with a letter ":vi" must be placed after each metre. (6) The topmost figure of the scale of the draught markings shall show the metres, and the 10cm intervals denoted by the figuree, and the lower line of each figure shall coincide with the draught line denoted by each figure. (7) The surveyor shall complete the Carving and Marking :,,;ate after inspection of the vessel, and shall certify that the official number and registered tonnage have been permanently and conspicuously cut in the.vessel's main beam, and that the vessel's name, port of registry and draft marks have been marked in the manner required by these Regulations. (8) The Carving and Ylarking :,,;ate must then be returned to the registrar by the owner of the vessel. ( 1) If the registrar is satisfied that the vessel is wholly owned Registration by Qualified Persons and that the application for registration meets the requirements of these Regulations, then upon payment of the prescribed fee, the registrar may approve the registration of the vessel, and issue a Certificate of Registry. 341 (2) The registrar shall ensure that particulars of registration are entered in the registry to record (a) the official number assigned to the vessel in the registry; (b) the registered name of the vessel; (c) the date and time of registration; (d) the port of registry; (e) the call sign; (f) the place of construction and the year of completion; (g) the characteristics of the vessel, including its gross tonnage, net tonnage and any alternative tonnages; (h) in relation to each person who owns the vessel (i) the name; address and nationality of each registered owner; (ii) the extent of the interest in the vessel of each owner; and (iii) any other particulars of the Bill of Sale that the registrar determines should appear in the register; (i) in relation to any company which owns the vessel (i) the name of the company and the address of its registered office; (ii) the name and address of the directors of the company and its manager or chief executive officer; 342 (iii) the extent of the interest in the vessel of the company; and (iv) any other particulars of the Bill of Sale that the registrar determines should appear in the registrar; and (k) the name and address of the nominated :\1anaging Owner of :½anager, if any. (3) If the vessel has been previously registered in the register, then its official number shall be retained, but the registry number shall be the next number allocated for that year. (4) The registrar shall sign each entry and affix the seal of the Administration. (5) The registrar shall ensure that the following documents arc retained and kept secure (a) the Application for Registration; (b) each Declaration of Qualified Person; (e) the Builders Certificate;. (d) the :\'otice.of :\'amc of a Vessel, or change of name; (e) the Certificate of Survey; (f) the appointment of :½anaging Owner or :½anager, if any; and (g) any other documents that the registrar decides to retain. (6) /\ Certificate of Registry shall be issued in the approved form. 343 (6) A Certificate or Registry shall be issued in the approved form. PART 4 - PROVISIOXAL REGISTRJ\TIOX I 0. (I) i\ll applications for the provisions registration of vessels m accordance with section 26 of the Act, and for the issue of a Provincial Certificate of Registry must be in the approved form and be accompanied by the prescribed fee. (2) The approved form for Applications for Provisional Registration shall require that the information and documentation applying under regulation 4 be provided, and each application must specify (a) the name, official number and call sign of the vessel; (b) the proposed date and place of issue of the Provisional Certificate; (c) the reasons for making the application for provisional registration; and (d) the date on or near which the vessel is expected to arrive at the port of registry. (3) All applications under this regulation must be accompanied by a Declaration of Qualified Person for each of its owners. (4) Each application under this regulation must be signed by the owner or master of the vessel. (5) The applicant must pay all expenses incurred by the Administration in inspecting the vessel, including payment for the inspection and full travel costs incuncd by the surveyor, as fixed by the registrar. L Protection for the crew of provisionally n:gistcred ve.%els Vessels to be described by registered name on!y Restrictions applying to names of vessels (6) The registrar may approve an application for provisional registration of a vessel and upon payment of the prescribed fee, shall then issue a Certificate of Provisional Registration. (7) The Certificate of Provisional Registration may be issued by the surveyor who is authorised to inspect the vessel prior to its departure for Solomon Islands, unless the registrar directs otherwise. 11. (I) :\'o Certificate of Provisional Registration shall be issued unless the owner or master of the vessels establishes that proper articles of employment have been drawn up for all crew engaged for the voyage of the vessel to Solomon Islands. (2) :\'o registration of any provisionally registered vessel shall be made in accordance with Parts 2 and 3 until the owner or master satisfies the registrar that all articles have been fully discharged and closed by full payment to all crew of the provisionally registered vessel of all their entitlements in relation to the voyage to Solomon Islands. PART 5 - REQCIRE:VIE:\'TS Al'l'LYl:\'G TO :\'A:V!ES OF VESSELS 12. In relation to all official records and returns, and in all commercial and trading activities, a registered vess·e1 must be described only by its ctment registered name. 13. (I) When considering an application for registration under these Regulations, or any application for a change of a registered name of a vessel, the registrar shall not approve (a) names of existing vessels; (b) approved names of vessels in the process of registration; (c) names which are likely to be confused or mistaken for any registered or approved names; (d) names that are blasphemous or likely to cause offence; 345 (e) names which falsely suggest a connection with (i) the Government of Solomon Islands, or any Government ministry or department, or any provicial or local government; (ii) the Commonwealth of \'ations; (iii) the Cnitcd \'ations; or (iv) the Police Service; or (f) names of political parties in Solomon Islands 14. (!) An application change of name of a registered vessel. may be made to the registrar for the Change 01 registered names (2) An application under this regulation must be in the approved form and be accompanied by the prescribed fee. (3) Each application must specify the current registered name and the official number of the vessel, and it must nominate three proposed names in order of preference. (4) When the registrar approves an application under this regulation, the registrar shall cause the new name to be entered in the register and to be endorsed on the vessel's Certificate of Registry. (5) The owner of any vessel who has obtained approval under this regulation shall forthwith ensure that the required markings of the new name are made in accordance with the reulation 8. Recording changes of ownership Requirements applying to Hills of Sale 346 PART 6 - CIIA:'\GES OF OW:'\ERSIIIP A:'\D PARTJC1:LARS 15. (I) All application, for the registration of a change of ownership of a registered vessel must be in the approved form and accompanied by a Bill of Sale and the prescribed fee. (2) If the registrar is satisfied that a change of ownership of a registered vessel ha, lawfully taken place the registrar shall (a) enter details of the change in the registrar; (b) endorse details of the change on the Certificate of Registry; and (c) retain the Bill of Sale and Declaration of Qua! ificd Person applying to the new owner of the vessel. 16. (I) For the purposes of section 31 of the Act and regulation 15(1 ), a Bill of Sale must be in the approved form, and must specify (a) the name and official number of the vessel; (b) (c) the vessel's registered particulars as required by regulation 6(1 )(g); the name and address of the transferor and the transferee!; and (d) the number of shares in the vessel to which the Bill of Sale relates. (2) Every Bill of Sale must be signed by the transfeor, and must be under the corporate seal if the transferor is a company. 347 (3) A Declaration of Qualified Person on Transfer of a Vessel made under section 32 of the Act must be in the approved form, and must (a) specify (i) the name and official number of the vessel; (ii) the date of the Bill of Sale; and (iii) each person who is the transferee, and their nationality and the grounds upon which the nationality is claimed; and (b) be signed by each transferee. 17. (1) The owner of a registered vessel must notify the registrar Requi,ement of any change of ownership within 14 days of the date that the change of;~;'.~;~{,,, ownership has legally taken effect, and must file a Xotice of Change of Ownership. own;,ship (2) If any owner ceases to be a Qualified Person then he or she must immediately notify the registrar. If I • . d. . d l h Chan°es to 18. (I) any a teratlon rs ma e to a regrstere vesse t at "'s~ers changes its registered particulars then the owner must file a Xotice of Alteration of regi st" 1 ·ed part1cu ars Particulars with the Registrar within 21 days of the alterations being completed. (2) Each notice filed under this regulation must be in the approved form and accompanied by the prescribed fee. (3) l.:pon notification under this regulation, the registrar shall make entries in the register of all changes to (a) the description of the vessel; (b) the tonnage and length of the vessel; and (c) any other particulars or material changes to the vessel that the registrar determines should be altered in the register. Authenticatio 348 (4) ,;pon acceptance by the registrar of any notice filed under this regulation, the owner of the vessel shall forthwith ensure that the required markings relating to any particular of the vessel that has been changed arc altered so as to comply with the requirements applying under regulation 8. PART 7 - TRA:\'SYIISSIO.\" OF l:\'TERESTS I.\" VESSELS n of th, . 19. ( 1) The transmission of any ownership interest in a registered 1ransm1ss10n . . . • h of any ;ntccest vessel, or an mtercst m a mortgage apply mg to a registered vessel, by reason oft e operation of sections 34 and 40 of the Shipping Act 1998, must be made by application to the registrar, and authenticated by a Declaration of Transmission in the approved form. (2) In cases of transmission arising from death, the Declaration of Transmission must be accompanied by the probate or letters of administration evidencing the legal representative of the deceased person. (3) In the case of transmission arising from insolvency or bankruptcy, the Declaration of Transmission must be accompanied by such evidence as is receivable in court as proof of the title of the person claiming ownership. (4) Every Declaration of Transmission filed with the registrar under this regulation must specify (a) the name and official number of the vessel; (b) the name and address of each person from whom the interest is to be transmitted; and ( c) the name, address and nationality of each person to whom the interest is to be transmitted. (5) The registrar may require the provision of any additional information, or the verification of any information that is provided. 349 20. ( 1) If the registrar is satisfied that an application made under Transmission regulation 19 meets the prescribed requirements and establishes that there has been or i,He«sts in 1 f 1 · · f · · · d I h • d a ,eg,sterctl a aw u transm1ss1on o an mterest ma rcg1sterc vessc, t e registrar may amen vessel the register to record the transmission of the interest. (2) Applications for Declaration of Transmissions under this Part must be accompanied by the prescribed fee, and all amendments of the register to give effect to any lawful transmission of an interest in a registered vessel arc subject to payment of the prescribed fee. PART 8 - REGISTRATIO:-.: OF :vIORTGAGES A:-.:D LJE:-.:S 21. (1) registered vessels prescribed fee. (2) Applications for the registration of mortgages affecting Registration must be in the approved form and accompanied by the of mmtgages applying to registered ve~sels All applications under this regulation must include the name, official number and particulars of the vessel, and the name and address of the mortgagor and mmtgagee. (3) The mortgage document must specify (a) the amount and nature of the consideration; (b) the principal sum lent under the m01tgage, or the current account or line of credit secured by the mortgage; and (c) any collateral loan agreement (4) The mortgagor must sign the mortgage in the presence of a witness, or duly affix the corporate seal in the case of a company. (5) In the case of a mortgage executed under corporate seal, the registrar must be provided with details of the particular company's requirements for the sealing of instruments to verify that the mortgage has been duly executed. Discharge of registered mongagcs :'\otification of clrnnges in mortgage interests Registration of maritime liens 350 (6) If the registrar is satisfied as to the form of the mort~agc and the particulars stated in it, and upon payment of the prescribed fee, the registrar shall register the mortgage in the registry and enter the date and time of registration. 22. (I) Applications for the discharge of a registered mortgage under section 37 of the Act must be made on the approved form, and must be accompanied by the prescribed fee. (2) The registrar may require the provision of any relevant information, or any verification of information that is provided in support of an application for the discharge of a registered mortgage. (3) The registrar may enter any relevant details in the registry, as determined by the registrar, when a discharge of mortgage is accepted in accordance with this regulation. 23. (I) The holder of any interest under a registered mortgage must notify the registrar of any change of any interest held by any person in a registered mrotgage, within 14 days of the date that the change has legally taken effect. (2) A notice of change.of mortgage interest must be filed in the approved form and accompanied by the prescribed fee by any person who is obliged to comply with sub-regulation (I). 24. '(I) Applications for the registration of maritime liens affecting registered vessels must be made to the registrar on the approved form, and must be accompanied by the prescribed fee. (2) A maritime lien must be in the form approved by the registrar for registration under this regulation. (3) The registrar may require that any relevant particulars be provided in relation to a maritime lien to be registered under these Regulations, and may enter any relevant details in the register, as determined by the registrar, when the registration of a maritime lien affecting a registered vessel is accepted in accordance with these Regulations. L 351 25. (I) !\pplications for the discharge of a registered maritime lien must be made on the approved form, and accompanied by the prescribed rec. (2) Written notification from the holder of a registered lien must be provided to the registrar before action is taken by the registrar to enter a note of the discharge of any maritime lien. (3) The registrar may require the provision of any relevant information, or any verification of information that is provided in support of an application for the discharge of a registered maritime lien. ( 4) The registrar may enter any relevant details in the registry, as determined by the registrar, when a discharge of maritime lien is accepted in accordance with this regulation. P!\RT 9 - OTHER ~!\TTERS !\FFECTl~G TIIE REGISTER Dischargfr of n:gi~lcrcd maritime 26. (I) The registrar shall terminate the registration of a vessel G~ounl!~ for in accordance with any power provided for in the !\ct, these Regulations and any other law, and may terminate the registration of a vessel on the grounds that (a) fees payable to the Administration or the government in relation to the registered vessel arc unpaid; (b) any false or misleading information has been provided in relation to the registration of the vessel; or (c) if a court makes any determination in relation to the ownership of the vessel which is not consistent with a Declaration provided under Regulations 5 or 19. termination of rcg1s1rntio:1 i J Review of the rcg1~1er 27. (2) The registrar may amend the register to record any termination of registration made under sub-regulation ( 1 ), and shall give written notification to all persons who were registered as owners, or as otherwise having any interest in the vessel, of the termination of the registration. ( I ) The registrar shall undertake a review of the register on at least one occasion each calendar year for the purposes of ensuring that registrations of vessels arc current and to determine any matter affecting the validity of the registered particulars applying to the registered vessels. (2) The registrar may exercise the powers under section 30 and 42 of the Act to ascertain the accuracy or legality of any matter stated in the register, and shall ensure that registrations are closed and vessels are struck off the register as provided for in section 41 of the Act. 28. (I) In the event that the Act or any other law makes provision Registration of mh~r.rnthori,,ed for the registration of any interest in a vessel other than the interests provided for matters in these Regulations, the registrar may determine Survey~ and S.ifety Certificates 29. (a) the requirements applying to any application for registration that is permissible under the Act; and (b) the particulars of registration to be entered into the registry in such cases. (2) The registrar shall ensure that any requirements and particulars approved under this regulation are consistent to the fullest extent possible with the requirements applying to the registration of vessels under these Regulations. ( I ) All registered vessels that are non convention vessels must comply with the requirements for surveys and safety certificates under the Shipping (:-;on Convention Vessel Safety) Regulations 2006, and any failure to comply with the provisions of those Regulations shall be grounds upon which the registrar may suspend or close the registration of the vessel. Survey a::(! ~nfcty ce1tificate fee~ Aiu111al regi~tration fees t...:seofFo:im Periodic review of Fees Offe1n:s again.,t thef..f Regubtion~ 354 (6) The rcgistrationof any convention vessel which fails to comply with the provisions of this regulation may be suspended or closed. 30. Subject to regulation 33, the fees stated in Schedule 3 shall apply to all surveys and safety certificates undertaken and issued in relation to registered vessels. 31. (1) Subject to regulation 33, the annual fees specified m Schedule 4 arc payable each year in respect of each registered vessel. (2) The annual fees under this regulation are payable at the time of survey and issue of safety certificates, or at any other time determined by the Director. PART II - .\ll!SCELLA:-;EOl:S 32. All forms required for the application of these Regulations shall be approved when necessary by the Director in the exercise of the powers stated in section 11 of the .\llaritime Safety Administration Act 2009. 33. (1) All fees prescribed under these Regulations shall increase by 5% per annum, and each increased fee shall be deemed to be imposed under these Regulations from the I st January each year after the commencement of these Regulations. (2) When fees are increased in accordance with sub-regulation (I), the Director may publish a list of revised fees to be displayed at the offices of the Administration and to be otherwise notified and circulated as the Director determines. 34. (I) documentation Any person who provides any false information or (a) in relation to any application made, or notification given, under these Regulations; or (b) when otherwise required to provide information, or the verification of any information, by the registrar commits an offence and shall be liable upon conviction to a fine not exceeding 500 penalty units or imprisonment for a term of up to 12 months, or both. 355 (2) i y person who (a) fails to comply with any requirement applying under these Regulations relating to the marking of a vessel; ( b) uses any name for a vessel other than its registered name in breach of regulation 12; or (c) fails to give notification to the registrar of any matter, or of any change relating to a registered vessel, that is required to be notified to the registrar under these Regulations commits an offence and shall be liable upon conviction to a fine not exceeding 200 penalty units. 35. The provisions of these Regulations shall be read and construed as supplementary to and not in derogation of the provisionss of other laws of Solomon Islaods. Compliance with other laws 36. (I) On the coming into force of these Regulations, the Repeals following provisions of the Shipping Regulations 1967 arc repealed (a) regulations I 8 - 27 inclusive; (b) regulations 29 - 36 inclusive; (c) regulations 38 and 39; (d) Schedules E (except paragraphs 21 and 30), F and G. (2) The following provisions of the Shipping Regulations 1967 shall have the status of Regulations for the purposes of section 219 of the Shipping /\ct 1998, and shall continue to have application to all registered vessels and be applied in relation to the inspection and certification of registered vessels (a) regulations 28 and 37; (b) paragraphs 21 and 30 of Schedule E; and (c) Schedule II Savings of existing rcgislmtion.s 356 37. (I) All registrations of vessels, and of interests in vessels, appearing in the register prior to the commencement of these Regulations are deemed to be valid and in compliance with the provisions of these Regulations. (2) The registrar may make any alterations to the register to reflect the requirements of these Regulations, and may require the owner of any registered vessel, or of any interest in a registered vessel, to provide such information or documentation as the registrar considers necessary to ensure that the details in the register are in accordance with the requirements of these Regulations. SCIIEDCLE I (Regulation 29) APPROVED CLASSIFICATJO:,,; SOCIETIES American Bureau of Shipping Bureau Veritas Det X orske Veritas Germanischer Lloyd Lloyd's Register of Shipping Xippon Kaiji Kyokai SCIIEDl:LE 2 (Regulations 4 & 10) REGISTRJ\TlOX FEES 1. Fees for Applications for Registration The application fees payable for initial registration under regulation 4 (including registration made after the grant of provisional registration) and for re-registration are Gross Tonnage of vessel 0-50 51-100 101-150 151-200 201-250 251-300 301-400 Above 4(XlGT Fees S 750 S 900 $1,200 $1,600 S 1900 $2,200 $2,600 S2,600 plus an additional S230 for every I <XX,!' or part thereof 357 2. Fees for Applications for Provisional Registration uodcr regulation 10 S 1,000 (plus payment in full of all expenses assessed under regulation 10(5)). 3. Ylisccllaneous Fees (a) !'or Certificate of Registry (i) Initial issue of Certificate of Registry under section 25 S200 (ii) Issue of certified copy of Certificate of Registry under section 27 S300 (b) Grant of Provisional Certificate of Registry under section 26 S200 (c) Extension of period of validity of Provisional Certificate of Registry SI 00 (d) Registration of (i) Bill of Sale S150 plus S50 for each S25,000 of the vessel's value as disclosed in the Bill of Sale (ii) Ylortgage S150 plus S50 for each S25,000 of amount secured by the mortgage (iii) Ylaritimc Lien S150 plus S50 for each S25,000 of the debt stated in the Ylaritime Lien (e) Registration or endorsement of (i) Change of registered name of a vessel SI 50 (ii) Change of Particularof a registered vessel S150 (iii) Change of particular relating to owner or agent $150 (iv) Change of particular relating to a mortgage or lien $450 (f) Registratioinof transfer of ownership or transfer of mortgage $450 (g) Registrationof transmissionof ownership or transmission of mortgage $450 (h) Registrationof discharge of mortgage S200 (i) Fee for inspection of the Register $200 Q) Search fee using services of Registry staff S300 (k) Closure of Registrationor deletion from the register S300 (I) Extension of time for lodging documents S 150 (m)Trnnscript or certified copy of any certificate or document $400 Ordinary copy of any cettificate or document S 80 (n) Genernl Application fee for any application under the Act or Regulations (if no other fee is prescribed) $400 358 SCIIEDU,E3 (Regulations 30 & 33) FEES FOR SCRVEYS AC\D SAFETY CERTIFICATES Fees payable for annual survey and issue of safety certificate under Part IO arc Gross Tonnage of vessel 1-2 2-5 5-15 25-40 40-60 60-80 800-100 100-150 150-200 200-400 Above400GT Fees S200 S250 $300 $360 S440 S520 S620 S900 SI,200 SI 500 S2,600 plus S230 for every additional 200GT or part thereof SCIIEDCLE4 (Regulations 3 I & 33) A"-"-CAL REGISTRATIOC\ FEES Annual Registr<ltion Fees payable for each registered vessel under regulation 31 are Gross Tonnage Fees of vessel n. "'' -~ Rnn 51-100 S1,000 101-150 Sl.200 151-200 $1,400 201-250 $1,600 251-300 $1,800 Above300GT Base fee of S 1,800 plus SI 00 for every additional I O<XJT or part thereof :\l!ADE AT IIOXIARA this second day of July, 2010. STAXLEY son; :\l!inister for Infrastructure Development Honiara, Solomon Islands Printed under the authority of the Solomon Islands Government Printed by Solomon Islands Printers Limited.