Shipping

Acts

Carriage of Goods by Sea Act (Act 1 of 1986)

Marine Pollution (Control and Civil Liability) Act (Act 6 of 1981)
Regulations Relating to the Prevention and Combating of Pollution of the Sea by Oil, 1984

Marine Pollution (Intervention) Act (Act 64 of 1987)

Marine Pollution (Prevention of Pollution from Ships) (Act 2 of 1986)     

Marine Traffic Act (Act 2 of 1981)
Designation as Marine Traffic Regulator
Marine Traffic (Inshore Vessel Traffic Services) Regulations, 2000
Marine Traffic Regulations, 1985

Merchant Shipping (Safe Containers Convention) Act Proclamation

Merchant Shipping (Safe Containers Convention) Act, 2011

Merchant Shipping Act (Act 57 of 1951)

Amendment of Tonnage Regulations, 1986

Courts of Marine Enquiry Regulations, 1961
Life-saving Equipment Regulations, 1968
Maritime Occupational Safety Regulations, 1994
Merchant Shipping (Carriage of Charts and Nautical Publications) Regulations, 2002
Merchant Shipping (Collision, etc) Regulations, 1996
Merchant Shipping (Dangerous Goods) Regulations, 1997
Merchant Shipping (EPIRB Registration) Regulations, 2002
Merchant Shipping (IGC Code) Regulations, 1998
Merchant Shipping (INF Code) Regulations, 2003
Merchant Shipping (Licensing of Vessels) Regulations, 2003
Merchant Shipping (Mandatory Ships' Routeing) Regulations, 1998
Merchant Shipping (Notification of Building of Vessels) Regulations, 2002
Merchant Shipping (Radio Installations) Regulations, 2002
Merchant Shipping (Safe Manning) Regulations, 1999
Merchant Shipping (Safety Management) Regulations, 2003
Merchant Shipping (Seafarer Compensation) Regulations, 1998
Merchant Shipping (Seamen's Documents) Regulations, 2000
Merchant Shipping (National Small Vessel Safety) Regulations, 2007 (as amended)
Merchant Shipping (Training and Certification) Regulations, 1999
Merchant Shipping-Marine Pollution (IBC Code) Regulations, 1998
Safety of Navigation Regulations, 1968     
Maritime Security Regulations 2004
Merchant Shipping (Long Range Identification and Tracking of Ships) Regulations,2009     
Ship Registration Act (Act 58 of 1998)     
Ship Registration Regulations, 2002     
Ship Identification Regulation 2004     
South African Maritime Safety Authority Act (Act 5 of 1998)
SAMSA Regulations, 1998
Charges Determination, 2009     
South African Maritime Safety Authority Levies (Act 6 of 1998)     
Levy Determination, 2009
Wreck and Salvage Act (Act 94 of 1996)
Disclaimer

Legislation

SAMSA’s regulatory framework output is delivered largely through the work of the legal unit; the unit’s main subsidiary outputs being rules and standards development and regulatory legal support. The unit’s two permanent staff deliver these outputs.

For most of the year the unit’s head acted as CEO, which adversely affected the unit’s capacity to meet certain targets, notably the overhaul of technical and operational standards for fishing vessels (the Torremolinos Convention project). Nevertheless, the unit was still able to substantially meet its main output targets.

The unit continued to support the organisation’s maritime safety and marine environment protection standards setting and compliance monitoring programmes by contributing towards a number of legislative and guidance measures, including measures covering:

  • Ship mortgage ranking (as part of the tonnage tax initiative
  • Being led by Treasury);
  • Shipowner limitation;
  • Maritime labour standards;
  • Seafarer qualifications;
  • Stevedore occupational safety;
  • Safety of containers used in maritime transport;
  • Small boat safety standards, particularly for inland waters;
  • Casualty investigation; and
  • Ship technical and operational standards.

In addition to delivering two new draft Bills covering maritime labour standards (arising from the adoption of the Consolidated Maritime Labour Convention 2006) and casualty investigation, the unit has continued to promote (through further consultation and technical refinement) the following draft Bills:

  • Admiralty Jurisdiction Regulation Amendment Bill;
  • Merchant Shipping (International Oil Pollution Compensation Fund) Bill;
  • Merchant Shipping (International Oil Pollution Compensation Fund) (Contributions) Bill;
  • Merchant Shipping (Civil Liability Convention) Bill;
  • Merchant Shipping and Ship Registration Amendment Bill;
  • Merchant Shipping (Safe Containers Convention) Bill;
  • Merchant Shipping Amendment Bill; and
  • South African Maritime Safety Authority Amendment Bill.

Apart from these proposed Parliamentary measures, the unit also delivered the following six new draft subordinate measures:

  • The Merchant Shipping (National Small Vessel Safety)Regulations
  • The Merchant Shipping (Consolidated Maritime Labour Convention) Regulations;
  • The Merchant Shipping (Recruitment and Placement of Seafarers) Regulations;
  • The Merchant Shipping (Consolidated Maritime Labour Convention Consequential Amendments) Regulations;
  • The Merchant Shipping (Miscellaneous Amendments) Regulations; and
  • The Courts of Marine Enquiry Amendment Regulations.

In addition, the unit has continued to promote (through further consultation and technical refinement) the following draft subordinate measures:

  • The Merchant Shipping (Civil Liability Convention) Regulations;
  • The Merchant Shipping (International Oil Pollution Compensation Fund) Regulations;
  • The Merchant Shipping (International Oil Pollution Compensation Fund) (Contributions) Regulations;
  • The Marine Pollution (Control and Civil Liability) Regulations;
  • The Merchant Shipping (Seafarer Accident Insurance) Regulations;
  • The Merchant Shipping (Safe Containers Convention) Regulations;
  • The Merchant Shipping (Training and Certification) Amendment Regulations (No. 1);
  • The Merchant Shipping (Safe Manning) Amendment Regulations (No. 1);
  • The Ships’ Officers’ Medical Training Amendment Regulations;
  • The Merchant Shipping (Training and Certification) (Fishing and Marine Motorman Qualifications) Regulations, together with its related amendments to the Code for South African Maritime Qualifications;
  • The Merchant Shipping (Training and Certification) Amendment Regulations (No. 2);
  • The Merchant Shipping (Safe Manning) Amendment Regulations (No. 2);
  • The Maritime Occupational Safety Amendment Regulations, together with its related Code of Safe Working Practice for Ships Working Cargo in South African Ports.

The unit has continued to provide specialist assistance to the Department of Transport in several areas, most notably at the International Maritime Organisation, where unit staff participated at the LEG.91 and LEG.92 sessions.

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