CHAPTER 71:01
INLAND WATERS SHIPPING

ARRANGEMENT OF SECTIONS

   SECTION

 

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Application of the Act

 

PART II
SURVEY AND REGISTRATION

   4.   Application of Part II

   5.   Obligation to register

   6.   Application for registration

   7.   Declaration of ownership

   8.   First registration

   9.   Marking of vessels

   10.   Survey of vessels

   11.   Register of vessels

   12.   Port of registration

   13.   Liability of registered owners

   14.   Issue of certificate of registration

   15.   Custody of certificate of registration

   16.   Lost certificate of registration

   17.   Surrender of certificate of registration

   18.   Duration and renewal of certificate of registration

   19.   Wrecked and abandoned vessels

   20.   Amendments in certificate of registration and register

   21.   Re-registration of wrecked or abandoned vessels

   22.   Masters and crews of vessels

 

PART III
MORTGAGES, ALTERATIONS AND TRANSMISSION

   23.   Transfer of vessels

   24.   Registration of transfer

   25.   Transmission of vessel

   26.   Mortgage of vessel

   27.   Alterations to vessel

   28.   Registration of alteration

   29.   Provisional endorsement of alterations

 

PART IV
LICENSING ARRANGEMENTS

   30.   Licensing authority

   31.   Licensing of vessels used for water transport

   32.   Using vessels in contravention of section 31

   33.   Duration of licence

   34.   Licence not transferable

   35.   Form of licence

   36.   Procedure for application for licence

   37.   Objection to application for licence

   38.   Discretion of the licensing authority to grant or refuse licences

   39.   Conditions of licences

   40.   Power to revoke or suspend licences

   41.   Provision for appeals in connexion with licences

 

PART V
BILATERAL AND MULTILATERAL ARRANGEMENTS

   42.   Declaration of inland waters

   43.   Agreements with other countries

   44.   Existing treaty obligations paramount

 

PART VI
SURVEYS AND INSPECTIONS

Division A—Surveys

   45.   Regulations to implement safety conventions

   46.   Surveys and inspections

   47.   Purposes of surveys and inspections

   48.   Powers of surveyors and boat examiners

   49.   Records of surveyors and boat examiners

   50.   Survey of passenger vessels

   51.   Initial survey

   52.   Periodic survey

   53.   Additional survey

   54.   Cargo vessels and fishing vessels

   55.   Life-saving and fire-fighting appliances

   56.   Radio installation

   57.   Passenger vessels, pleasure crafts and oil tankers

   58.   Survey reports to the Chief Surveyor

 

Division B—Inspection

   59.   Inspection certificate

   60.   Safety certificates

   61.   Posting of certificate

   62.   Alteration to vessel

   63.   Foreign safety convention certificate

   64.   Certification of foreign vessels

 

PART VII
MANNING LEVELS

   65.   Regulations for grant of certificates of competency and certificated officers

   66.   Board of examiners and foreign certificates

   67.   Loss of certificates

   68.   Production of certificates

   69.   Records of certificates and licences

   70.   Notification of engagement

   71.   Sailing undermanned

   72.   Contracts of apprenticeship

 

PART VIII
SAFETY PROVISIONS

Division A—Safety

   73.   Manning to ensure safety

   74.   Vessel’s stability

   75.   Signalling lamp

   76.   Hazards to navigation

   77.   Assistance in distress

   78.   Giving helm orders

   79.   Collision regulations

   80.   Presumption of fault

   81.   Assistance in collision

   82.   Reporting of accidents

 

Division B—Load Lines

   83.   Load line regulations

   84.   Load line vessels

   85.   Compliance with regulations

   86.   Load line certificate

   87.   Renewal of load line certificate

   88.   Cancellation or suspension of load line certificate

   89.   Surrender of load line certificate

   90.   Vessel without load line certificate

   91.   Display of load line certificate and entries

   92.   Load line certificate of foreign vessel

   93.   Inspection of foreign vessel

 

PART IX
THE CREW

Division A—Contents of Agreement

   94.   Crew agreement

   95.   Contents of crew agreement

   96.   Posting of specimen agreement

   97.   Employment of young persons

   98.   Continuous Discharge Book

   99.   Character report

   100.   Time and manner of payment

   101.   Account of wages

   102.   Deductions

   103.   Settlement of wages

   104.   Rate of exchange

   105.   Payment of advances

   106.   Allotment of wages

   107.   Right to wages and provisions

   108.   Abandonment of wages and salvage

   109.   Premature termination of service

   110.   Wages during sickness

   111.   Wages on improper discharge

   112.   Annual leave

   113.   Custody of property of deceased seaman

   114.   Delivery of property of deceased seaman

 

Division B—Provisions

   115.   Complaints as to provisions

   116.   Allowance for provisions

   117.   Weights and measures

   118.   Qualified cook

   119.   Medical requisites

   120.   Expenses for medical treatment or burial

   121.   Medical personnel

   122.   Facilities for complaints

 

Division C—Discipline

   123.   Disciplinary proceedings

   124.   Review by Minister

   125.   Misconduct endangering vessel or life

   126.   Official log-book to be kept and delivered

   127.   Particulars of entry

   128.   Breaches respecting official log-book

 

Division D—Relief and Repatriation

   129.   Return on loss or abandonment of vessel

   130.   Documents to be handed over

   131.   Birth and death on board

   132.   Application of sections 132 to 134

   133.   Repatriation of seamen

   134.   Defaulting seamen not entitled to be returned

   135.   Security by owner or master

   136.   Effects and wages of seamen left behind

   137.   Exemption from liability

   138.   Return from service

   139.   Discharge on change of ownership

   140.   Relief of distressed seamen

   141.   Forcing ashore

   142.   Return of seamen

 

PART X
DANGEROUS GOODS AND UNSEAWORTHY VESSELS

Division A—Grain and Deck Cargo

   143.   Carriage of grain

   144.   Deck cargo

 

Division B—Dangerous Goods

   145.   Meaning of “dangerous goods”

   146.   Carriage of dangerous goods

   147.   Inspection or refusal to take dangerous goods

   148.   Disposal of dangerous goods

   149.   Regulations on dangerous goods

 

Division C—Seaworthiness

   150.   Sending unseaworthy vessel on inland waterways

   151.   Duty to ensure seaworthiness

   152.   Detention of unseaworthy vessel

 

PART XI
WRECKS AND SALVAGE

Division A—Wrecks

   153.   Appointment of receiver

   154.   Duty to attend vessels in distress

   155.   Power to require assistance

   156.   Power to pass over adjoining lands

   157.   Power to examine persons

   158.   Taking possession of wreck

   159.   Concealing of wreck

   160.   Notice of wreck

   161.   Owner’s right of wreck

   162.   Sale of wreck

   163.   Unauthorized sale of wreck

   164.   Boarding wrecked vessel

   165.   Interference with wreck

   166.   Unclaimed wreck

   167.   Discharge of receiver

   168.   Obstruction to navigation

   169.   Obstruction in port

 

Division B—Salvage

   170.   Salvage of life

   171.   Salvage of cargo

   172.   Non-entitlement to salvage

   173.   Salvage where vessels belong to same owner

   174.   Determination of disputes and valuation

   175.   Detention of salvaged property

   176.   Sale of detained property

   177.   Priority of claims

 

PART XII
INQUIRIES AND LEGAL PROCESS

Division A—Inquiries

   178.   Shipping casualties

   179.   Preliminary inquiries

   180.   Court of investigation

   181.   Inquiry into deaths of crews

   182.   Inquiry into deaths of passengers

   183.   Loss of or damage to luggage

 

Division B—Offences and Penalties

   184.   Setting sail with officers

   185.   Throwing of person overboard

   186.   Marking of heavy packages

   187.   Unauthorized presence on board

   188.   Offences by seamen

   189.   Penalties

 

Division C—Arrests and Trials

   190.   Depositions

   191.   Admissibility of copies of documents

   192.   Detention of foreign vessels

   193.   Enforcement of detention

   194.   Arrest without warrant

   195.   Master’s power of arrest

   196.   Offence on board a vessel

   197.   Venue of trial and jurisdiction

   198.   Recovery of fines and judgment debts

   199.   Services of documents

 

PART XIII
MISCELLANEOUS

   200.   Protection of officers

   201.   Return of seamen left behind

   202.   Port clearances

   203.   Regulations

   204.   Application of labour legislation

   205.   Arrest and seizure

   206.   Duty to give information

   207.   Damage to navigation marks

   208.   Certain provisions as to legal proceedings

   209.   National colours and ensign

   210.   Offences and penalties

 

PART XIV
REPEAL AND SAVINGS

   211.   Repeal and Savings.

 

12 of 1995
G.N. 39/1996

An Act to make provision for the survey, registration, licensing and safety of all vessels used on inland waters of Malawi; for the safety of passengers and cargo, for the competency of masters and crews and for matters incidental thereto and connected therewith

[1ST APRIL 1996]

PART I
PRELIMINARY

 

1.   Short title

   This Act may be cited as the Inland Waters Shipping Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “authorized officer” means the Chief Surveyor or any person authorized to act as such;

   “board of examiners” means board of examiners appointed under section 66;

   “boat examiner” means a boat examiner appointed under Part VI;

   “cargo vessel” means a vessel which is not a passenger vessel;

   “carrier” means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by him or by a performing carrier;

   “clearance” means permission for a vessel to set sail or leave port;

   “certificate of competency” means a certificate issued to a certificated officer under Part VII;

   “certificate of registration” in relation to a vessel, means the certificate of registration issued under section 14;

   “certificated officer” means a member of the crew to whom a certificate of competency is issued under Part VII;

   “Continuous Discharge Book” means a seaman’s record book of service issued by the maritime authorities of Malawi or of any country bordering the inland waters;

   “contracting country” means any foreign country to which any maritime convention mentioned herein applies;

   “Court of investigation” means the court of investigation appointed under section 180;

   “Crew” means any person employed to work on board a vessel on a voyage including an apprentice but excluding a fisherman or any person employed solely in a port or a pilot;

   “delivery account” means an account of the personal effect and wages of a seaman who is left behind;

   “dangerous goods” has the meaning assigned to it in section 145;

   “distressed seaman” means a seaman or apprentice found in distress by reason of having been shipwrecked, discharged or left behind in a port other than his proper return port;

   “existing vessel” means a vessel other than a new vessel;

   “equipment” in relation to a vessel includes boats, tackle, pumps, apparel, furniture, life saving appliances of every description, spares, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances belonging to or used in connexion with or necessary for the navigation and safety of the vessel;

   “fishing vessel” means a vessel, irrespective of the method used, which is for the time-being employed in fishing for the purpose of sale or trade and which does not carry passengers or goods other than in connexion with such employment;

   “grain” means wheat, oats, rye, barley, rice, pulses or seeds, maize, millet, sorghum;

   “freeboard” means the distance measured vertically downwards, amidships, from the upper edge of the deck line to the upper edge of the related load line;

   “GRT” means gross registered tonnage;

   “harbour” means a place or area designated as harbour by the Minister under section 203;

   “hire or reward” in relation to the use of any vessel, means the use of such vessel in inland waters in return for payment or material advantage on one or more occasions whether or not the vessel is used without the services of a master or crew;

   “home port” means the port of registration of the vessel or the place at which a vessel is habitually kept when not on voyage;

   “inland waters” means such waters as may be declared to be inland waters under section 42;

   “inspection certificate” means an inspection certificate issued under section 59;

   “liability” in relation to a vessel owner, includes liability of the vessel itself;

   “licence” means a licence issued under section 30;

   “load line certificate” means an international load line certificate or local load line certificate issued under section 86 or in the case of a foreign vessel, an international load line certificate issued by a contracting country;

   “load line convention”, where applicable, means the International Convention on Load Lines, 1966 and includes any amendments thereto;

   “load line convention vessel” means a vessel belonging to a contracting country to the Load Line Convention;

   “load line vessel” has the same meaning assigned to it under section 84;

   “local safety certificate” means a certificate issued under section 60;

   “Malawi vessel” means any vessel registered in Malawi under this Act;

   “master” means the person having command or in charge of the vessel;

   “navigation mark” means a lighthouse, beacon, busy traffic separation scheme mark, ships routing mark and any marks used for navigation;

   “near shore limits” means the limits of the inland waters of Malawi, that is to say ten nautical miles from the nearest baseline from which the territorial waters of Malawi is established in accordance with the bilateral or multilateral agreement;

   “new vessel” means a vessel the keel of which is laid, or is at an equivalent stage of production, after the commencement of this Act;

   “official log-book” means the official log-book required to be kept under section 126;

   “owner”, in relation to a vessel, includes the owner’s agent in the case of a vessel which is the subject of charter, hire-purchase agreement, the person in possession of the vessel in terms of that agreement;

   “passenger”, in relation to a vessel, means any other person other than the master and the crew, a person employed or engaged in any capacity on board the vessel on the business of the vessel, and a child under the age of one (1) year;

   “passenger vessel” means a vessel carrying more than 12 passengers;

   “proper return port”, in relation to a seaman, means a port in Malawi or in the country to which he belongs; or the port at which he was embarked; or in the case of a discharged seaman, the port agreed upon at the time of his discharge;

   “medical practitioner” has the meaning assigned thereto in the Medical Practitioners and Dentists Act;

   “receiver” means the receiver of wrecks appointed under section 153;

   “registrar of vessels” means the registrar of vessels appointed by the Minister under section 11;

   “retention account” means the account of the expenses incurred by the owner or master of a vessel by reason of the absence without leave of a seaman from the vessel;

   “safety convention”, where applicable, means any International Convention relating to safety of life at sea to which Malawi is a party;

   “safety convention certificate” means any certificate issued to a vessel which complies with any safety convention to which Malawi is a party;

   “safety convention vessel” means a vessel registered in a country to which the Safety Convention applies;

   “sailing vessel” means any description of vessel provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion;

   “seaman” includes an apprentice but excludes a person engaged solely for fishing purposes;

   “Surveyor” means any person appointed under section 10 (2);

   “surveyor’s certificate” means a certificate issued by a surveyor under section 10;

   “tanker” means a cargo vessel constructed or adopted for the carriage in bulk of liquid cargoes of an inflammable nature;

   “ton” means the unit of measurement of the tonnage of a vessel ascertained in the manner prescribed;

   “tropical storm” means a hurricane, typhoon, cyclone, tornado or other storm of similar nature;

   “wages” include emoluments;

   “wreck” includes goods which have been cast into inland waters and then sink and remain under water; goods which have been cast or fall into the inland waters and remain floating on the surface; goods which are sunk in inland waters, but are attached to a floating object in order that they may be found again; goods which are thrown away or abandoned; and, a vessel abandoned without hope or intention of recovery, when found in inland waters or in tidal water or on shores thereof;

   “vessel” means a ship, drilling rig, production platform, sea plane and includes any vessel, lighter, tug, barge, structure or launch, however propelled, used or intended for use in navigation or mining;

   “young person” has the meaning assigned thereto in the Children and Young Persons Act.

 

3.   Application of the Act

   (1) Unless otherwise expressly provided, this Act shall apply to—

   (a)   Malawi vessels wherever they may be;

   (b)   all other vessels alike in a port on, or place in, or within the inland waters; and

   (c)   any structure, in or on inland waters and used for exploration or production operations under the Petroleum (Exploration and Production) Act, and to the person in charge of such structure.

   (2) The provisions of Part II of this Act relating to the survey and registration of vessels shall also apply to vessels owned by the Government.

   (3) Nothing in this Act shall be considered as exempting the master or owner or user of a vessel from compliance with the provision of the Fisheries Act or of any subsidiary legislation made thereunder.

PART II
SURVEY AND REGISTRATION

 

4.   Application of Part II

   (1) Subject to the provision of subsection (2) the provisions of this Part shall apply to every vessel used on inland waters which is used for hire or reward or whose measurement exceeds such tonnage or measurement as may be prescribed by the Minister.

   (2) There shall be exempted from the provisions of this Part—

   (a)   a dugout canoe;

   (b)   a vessel the home port of which is outside Malawi;

   (c)   any naval vessels of Malawi or of any foreign country;

   (d)   such other vessels or classes of vessels as may be prescribed by the Minister.

 

5.   Obligation to register

    No person shall use or permit to be used on inland waters a vessel to which the provisions of this Part apply unless—

   (a)   such vessel has been surveyed and registered in accordance with the provisions of this Act; and

   (b)   there is in force in respect of such vessel a valid certificate of registration.

 

6.   Application for registration

   (1) An application for the registration of a vessel shall be made to the Chief Surveyor—

   (a)   where the vessel is owned by one or more physical persons by the person or any one of them owning the vessel as the case may be;

   (b)   where it is owned by a body corporate incorporated in Malawi, by the duly authorized agent of the body corporate.

   (2) The application shall be accompanied by the fees prescribed for the registration of the vessel.

 

7.   Declaration of ownership

   (1) No application for the registration of a vessel shall be entertained unless there is attached to the application a declaration by the person applying for the registration of the vessel stating—

   (a)   that the vessel is owned by—

      (i)   a citizen of Malawi; or

      (ii)   a body corporate incorporated in Malawi which is under effective control of citizens of Malawi;

   (b)   that the vessel is in a seaworthy condition;

   (c)   the names of the master and crew of the vessel and full particulars of their certificates of competency; and

   (d)   that any foreign marine document relating to the vessel has been surrendered to the Government which issued it or has been cancelled by the Government and that satisfactory proof of the surrender or cancellation has been attached to the declaration.

   (2) A declaration under this section shall be made in the presence of the Chief Surveyor or an officer authorized by him.

 

8.   First registration

   (1) Subject to the provisions of subsection (2), where a vessel is to be registered for the first time, the applicant for the registration of the vessel shall attach to the declaration required under section 7

   (a)   a builder’s certificate, signed by the builder of the vessel;

   (b)   a true account of the proper denomination of the tonnage of the vessel as estimated by him;

   (c)   the time and place where it was built; and

   (d)   the name of the person on whose account the vessel was built and if there has been any sale, the instrument under which the vessel has become vested in the applicant.

   (2) Where the applicant declares that the time and place of the building of the vessel are unknown to him or that the builder’s certificate cannot be procured, the applicant shall attach to the declaration the instrument by which ownership of the vessel has been acquired and a certificate from an approved surveyor at the last port of registration giving the estimated age and condition of seaworthiness of the vessel.

 

9.   Marking of vessels

   (1) Every vessel shall, before registration, be marked permanently and conspicuously to the satisfaction of the Chief Surveyor as follows—

   (a)   the name of the vessel as approved by the surveyor shall be marked on each of the bows of the vessel and the name of the vessel and the port of registration shall be marked on the stern of the vessel on dark background in white or yellow letters or on a light background in black letters such letters to be of length of not less than 10 centimetres, and of proportionate breadth;

   (b)   the official number and the number denoting registered net tonnage of the vessel shall be cut in on the main beam of the vessel;

   (c)   a scale of 30 centimetres denoting the vessel’s draught of water shall be marked on each side of its stern and its stern post in Roman capital letters or in figures of not less than 10 centimetres in length, the lower line of such letters or figures to coincide with the draught line denoted thereby, and those letters or figures shall be marked by being cut in or painted white or yellow on a dark background or in such other way as the Chief Surveyor may approve.

   (2) Where the scale of 30 centimetres showing the vessels draught of water is misleading, the owner of the vessel shall commit an offence.

   (3) The marks required under subsection (1) shall be permanently marked, and no alteration shall be made to them except where any of the particulars of the vessel are altered in the manner provided by this Act.

   (4) Where a Surveyor certifies that a vessel is insufficiently or inaccurately marked, the vessel may be detained until the insufficiency or inaccuracy has been remedied.

   (5) The Chief Surveyor may, where he thinks fit, allow the markings required under subsection (1) (c) to be in a system other than metric system.

   (6) The name of the vessel shall not be changed except with the approval of the Chief Surveyor.

   (7) Where an owner or master of a vessel neglects to cause the vessel to be marked as required by this section or to keep her so marked, or where any person conceals, removes, alters, defaces or obliterates or permits any person under his control to conceal, remove, alter, deface or obliterate any of the marks, except in accordance with this Act, or for the purpose of escaping capture by an enemy, that owner or master or that person shall commit an offence.

 

10.   Survey of vessels

   (1) A vessel shall be surveyed in accordance with the provisions of this Act before an application for registration is made.

   (2) For the purpose of this Act the Minister shall, by notice published in the Gazette, appoint a surveyor for each port of registry and an application for the survey of a vessel shall be made by the owner of the vessel in the form and manner prescribed to a surveyor at a port of registry on the inland waters on which the home port of the vessel is situated.

   (3) After receipt of an application under subsection (2) the surveyor concerned shall survey the vessel for the purpose of determining—

   (a)   whether the vessel is seaworthy;

   (b)   whether the vessel is equipped in accordance with the provisions of this Act;

   (c)   the description, tonnage, dimensions, name and method of propulsion;

   (d)   the geographical limits or areas of inland waters outside which the vessel may not be used having regard to her construction, suitability for navigation and safe operation;

   (e)   the maximum number of passengers and the maximum quantity of cargo to be carried therein;

   (f)   the crew to be carried therein and standards of competency to be attained by members of such crew; and

   (g)   such further matters as may be prescribed by the Chief Surveyor.

   (4) On completion of his survey under subsection (3) the surveyor shall, if he is satisfied that the vessel is seaworthy and is equipped in accordance with the provisions of this Act, issue a certificate in such form as may be prescribed, setting out the information and his opinion relating to the matters referred to in subsection (3).

   (5) Where a surveyor, in the course of a survey under subsection (3), finds a vessel to be unseaworthy or to lack equipment required under this Act, he shall make a full list in writing of all such defects and shall give a copy thereof to the owner of the vessel and shall notify him of the date by which the vessel may be produced for further examination, and after all such defects are subsequently remedied to the satisfaction of the surveyor concerned, he shall issue a certificate in accordance with the provisions of subsection (4).

   (6) A surveyor’s certificate shall be valid for such period as may be prescribed.

 

11.   Register of vessels

   (1) The Minister shall appoint a registrar who shall keep a register in which shall be entered—

   (a)   the name of the vessel;

   (b)   the official number of the vessel;

   (c)   details of ownership of the vessel;

   (d)   particulars respecting the origin of the vessel as stated in the declaration required under section 7;

   (e)   the instruments of transfer of the vessel;

   (f)   mortgages, including where the vessel was previously registered in another country, mortgages inscribed in the register of that country;

   (g)   certificates of permanent and provisional registration; and

   (h)   where the vessel was previously registered in another country, evidence that any foreign certificate of the vessel’s previous registration has been surrendered to or cancelled by the Government which issued it.

   (2) On payment of the prescribed fee, any person who satisfies the registrar of his interest in a vessel may during hours of official business obtain certified copies of any entry in the register.

   (3) The owner of a vessel shall inform the registrar of his address and that of his agent at the time of the registration of the vessel and shall notify him of any change in the address within seven days of the change.

   (4) On registration the registrar shall retain in his possession—

   (a)   the declaration required under section 7;

   (b)   the surveyor’s certificate required under section 10;

   (c)   any builder’s certificate required under section 8; and

   (d)   the instrument required under section 11.

   (5) The registrar shall not register a vessel which has been brought to inland waters from outside Malawi unless he is satisfied by such proof as he may require that the provisions of the Customs and Excise Act, applicable to the vessel, have been complied with.

 

12.   Port of registration

   (1) For the purposes of this Act, the Minister shall, by notice published in the Gazette, designate ports of registry and shall appoint a registrar for each such port.

   (2) Every registrar shall, in respect of the port of registry for which he is appointed, maintain in the form and manner prescribed a register of vessels registered in the port.

 

13.   Liability of registered owners

   Where two or more persons are registered as owners of a vessel, each of them shall be jointly and severally responsible for any liability incurred in respect of the vessel under this Act.

 

14.   Issue of certificate of registration

   (1) Where the registrar is satisfied that, in relation to an application for the registration of a vessel, this Act has been complied with and that the fees prescribed for the registration of the vessel have been paid, he may grant to the applicant a certificate of registration.

   (2) A certificate issued under subsection (1) shall be in such form as may be approved by the Chief Surveyor and shall contain all the particulars of the vessel entered in the Register.

   (3) Any person who uses for navigation of a vessel a certificate issued otherwise than in accordance with this section, shall commit an offence.

 

15.   Custody of certificate of registration

   (1) A certificate of registration shall be used only for the lawful navigation of the vessel for which it is granted and shall not be subject to detention by reason of any title, mortgage, charge or interest claimed in respect of the vessel.

   (2) No person, who has in his possession or under his control the certificate of registration of a vessel, shall refuse to deliver the certificate on demand—

   (a)   to a person entitled to the custody thereof for the purpose of the lawful navigation of the vessel; and

   (b)   to the Chief Surveyor or to any authorized officer.

   (3) Any person who, without reasonable cause, refuses to deliver the certificate as required by subsection (2) shall commit an offence.

 

16.   Lost certificate of registration

   (1) Where a certificate of registration of a vessel is mislaid, lost or destroyed, or where the registrar is otherwise satisfied that a new certificate should be granted, the registrar may grant a new certificate.

   (2) A declaration of loss of certificate of registration shall be made by the master of the vessel, or some other person who has actual knowledge of the loss, who shall state to the best of his knowledge and belief, the circumstances of the loss and the name and description of the registered owner of the vessel.

   (3) Pending the issue of a new certificate of registration under subsection (1), an authorized officer may, on receiving a written declaration of loss of certificate under subsection (2), grant a provisional certificate, which shall contain a statement of the circumstances under which it was granted.

   (4) A provisional certificate of registration granted under this section shall be valid for such period not exceeding sixty days or as may be specified in the certificate.

 

17.   Surrender of certificate of registration

   (1) Where under this Act the certificate of registration of a vessel is cancelled or suspended, the registrar shall cause written notice of the cancellation or suspension to be served on the master of the vessel.

   (2) On service of a notice under subsection (1) the master of the vessel shall within seven (7) days of the service of the notice deliver the certificate of registration of the vessel to an authorized officer.

   (3) No master of a vessel, the certificate of registration of which has been cancelled or suspended, shall take the vessel out on inland waters.

   (4) Any master of a vessel who contravenes this section shall commit an offence.

 

18.   Duration and renewal of certificate of registration

   (1) Unless otherwise provided under this Act every certificate of registration shall remain in force and be deemed to be a valid certificate of registration for such period as may be prescribed.

   (2) Application for renewal of a certificate of registration shall be made by the owner of the vessel in the form and manner prescribed at any time not earlier than one month before such certificate expires, and shall in all cases be accompanied by a valid surveyor’s certificate.

   (3) Where the owner of a vessel had made an application for renewal of a certificate of registration in accordance with the provisions of subsection (2), the certificate of registration shall be treated as remaining in force and be deemed to be a valid certificate of registration until the owner is notified in writing of the result of his application.

 

19.   Wrecked and abandoned vessels

   (1) Where a vessel is wrecked, abandoned, taken by the enemy, burnt or broken up or ceases to be a vessel, the owner of the vessel shall, within seven days of obtaining knowledge of that event, give written notice thereof to the registrar.

   (2) The registrar shall, on receiving any notice under subsection (1), make an entry thereof in the register, and the registration of the vessel in the registry shall be cancelled except in so far as it relates to any unsatisfied mortgage.

   (3) Except where the certificate of registration is lost or destroyed, the owner or master of the vessel shall in any of the events referred to in subsection (1) deliver the certificate to the Chief Surveyor—

   (a)   where the event occurs in Malawi waters, within seven days of its occurrence;

   (b)   where the event occurs elsewhere, within seven days of his arrival in Malawi or any other port.

 

20.   Amendments in certificate of registration and register

   (1) Subject to the provisions of subsection (2), where any particular concerning a vessel in respect of which a certificate of registration is in force is so altered as not to correspond with the particulars concerning such vessel contained in the register of vessels under section 11 (1), the owner shall, not later than twenty-one days after such alteration, submit the certificate of registration to the registrar by whom it was issued and notify him of the reasons for such submission and such registrar shall make all necessary amendments in the certificate and in the register of vessels. The registrar may, in his discretion, issue a new certificate of registration instead of amending a certificate under this subsection and may cancel a certificate and delete relevant entries in the register when he is satisfied that a vessel is permanently removed from or is permanently incapacitated for use in inland waters.

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