inland waters shipping

 

 

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L.R.O. 1/2010

Inland Waters Shipping

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

SECTION

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 ASurveys

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 BInspection

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

SECTION

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 ASafety

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 BLoad 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 AContents 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

SECTION

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 BProvisions

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 CDiscipline

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 DRelief 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 AGrain and Deck Cargo

143. Carriage of grain

144. Deck cargo

SECTION

Division BDangerous 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 CSeaworthiness

150. Sending unseaworthy vessel on inland waterways

151. Duty to ensure seaworthiness

152. Detention of unseaworthy vessel

PART XI

Wrecks and Salvage

Division AWrecks

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 BSalvage

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 AInquiries

178. Shipping casualties

179. Preliminary inquiries

180. Court of investigation

SECTION

181. Inquiry into deaths of crews

182. Inquiry into deaths of passengers

183. Loss of or damage to luggage

Division BOffences 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 CArrests 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 Malaŵi; 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

Short title

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

Interpretation

2. 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 Malaŵi 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;

“Malaŵi vessel” means any vessel registered in Malaŵi 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 Malaŵi, that is to say ten nautical miles from the nearest baseline from which the territorial waters of Malaŵi 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 Malaŵi 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 Malaŵi is a party;

“safety convention certificate” means any certificate issued to a vessel which complies with any safety convention to which Malaŵi 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.

Application of the Act

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

(a) Malaŵi 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

Cap. 61:02

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.

Cap. 66:05

PART II

Survey and Registration

Application of Part II

4.(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 Malaŵi;

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

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

Obligation to register

5. 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.

Application for registration

6.(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 Malaŵi, 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.

Declaration of ownership

7.(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 Malaŵi; or

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

(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.

First
registration

8.(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.

Marking of vessels

9.(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.

Survey of vessels

10.(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.

Register of vessels

11.(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.

Cap. 42:01

(5) The registrar shall not register a vessel which has been brought to inland waters from outside Malaŵi 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.

Port of
registration

12.(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.

Liability of registered owners

13. 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.

Issue of certificate of registration

14.(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.

Custody of certificate of registration

15.(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.

Lost certificate of registration

16.(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.

Surrender of certificate of registration

17.(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.

Duration and renewal of certificate of registration

18.(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.

Wrecked and abandoned vessels

19.(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 Malaŵi waters, within seven days of its occurrence;

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

Amendments in certificate of registration and register

20.(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.

(2) Where an amendment in a certificate of registration is required by reason of

(a) an alteration in the dimensions, superstructure or tonnage of the vessel, or a permanent alteration in the method of propulsion of the vessel, or the addition of a superstructure to the vessel; or

(b) the use for hire or reward of a vessel which was not used for that purpose when the certificate of registration was last issued or renewed,

the registrar concerned shall not make any such amendment unless the certificate of registration submitted to him under subsection (1) is accompanied by a valid surveyor’s certificate issued, as the case may be, after the completion of the alteration described before the use of the vessel for hire or reward.

(3) Where an owner fails to comply with the provisions of subsection (1) the certificate of registration in question shall, unless, the registrar concerned otherwise directs, be no longer deemed to be a valid certificate of registration.

(4) Subject to the provisions of this section, the registration of a vessel may be transferred from one port of registry to another on written application by the owner to the registrar at the existing port of registry. Every such application shall be accompanied by the certificate of registration for the vessel in question.

(5) Upon receiving an application under subsection (4) the registrar concerned shall transmit notice thereof to the registrar at the intended port of registry together with the certificate of registration and a copy of all particulars relating to the vessel as noted in the register under his control. On the receipt of such documents the registrar at the intended port of registry shall, subject to the provisions of subsection (6), enter in his register all the particulars relevant to the vessel in question and shall issue a new certificate of registration and thereafter the vessel shall be considered for the purposes of this Act as being registered at the new port of registry.

(6) Where, in the case of an application to transfer registration of a vessel under subsections (4) and (5), the intended port of registry is not on the same inland waters as the existing port of registry, the registrar at the intended port of registry may, before complying with the provisions of subsection (5), have regard to the suitability of the vessel for safe navigation on the inland waters on which the intended port of registry is
situated and may require a surveyor to survey the vessel and report to him as to such suitability.

If a surveyor so required reports that any alteration in the construction, condition or equipment of the vessel is necessary to make it safe for navigation on the inland waters in which the intended port of registry is situated, the registrar at such port shall not register the vessel under subsection (5) until a surveyor is satisfied that such alteration has been made.

(7) Where the registration of a vessel is transferred to a new port of registry under subsections (4) and (5), the new certificate of registration issued under subsection (5) shall, unless otherwise provided under this Act, remain in force and be deemed to be a valid certificate of registration until the date of expiry of the certificate which it replaces, so however, that if it has been issued after a survey required under subsection (6), its period of validity shall commence on the date on which it is issued.

Re-registration of wrecked or abandoned vessel

21. Where a vessel has been wrecked or abandoned, the registrar may, on application by the owner of the vessel, register the vessel if he is satisfied that the vessel has been surveyed by a surveyor and certified by him to be seaworthy.

Masters and crews of
vessels

22. The Minister may prescribe classes of vessels described by tonnage, dimension or, either additionally or alternatively, the purpose for which they are used, which shall not be used upon inland waters unless under the command or in the charge of a competent master and may prescribe the numbers and standards of competency of persons to be carried as crew in a vessel of any such class.

PART III

Mortgages, Alterations and Transmissions

Transfer of vessels

23.(1) Any transfer of a vessel shall be made in writing in such form as may be approved by the Chief Surveyor.

(2) The instrument witnessing the transfer shall

(a) contain the same description of the vessel as is set out in her certificate of registration; and

(b) be executed by the transferee in the presence of, and be attested by, two witnesses.

(3) Notwithstanding any other written law, any transfer made otherwise than in accordance with this section shall be null and void.

Registration of transfer

24. Every instrument witnessing the transfer of a vessel shall, within twenty-one days of the transfer, be produced to the Chief Surveyor together with the declaration required under section 7 and the registrar

(a) shall thereupon enter in the register the name of the transferee as owner of vessel; and

(b) shall endorse on the instrument of transfer the fact of that entry having been made and the date on which it was made.

Transmission of vessel

25.(1) Where on the death or bankruptcy of the owner of the vessel, or on the distribution of his assets, the ownership of the vessel is vested in a person entitled to own the vessel, that person shall make a declaration in accordance with subsection (2), before a commissioner for oaths in the presence of, and attested by, two witnesses.

(2) A declaration under subsection (1) shall contain the same description of the vessel as is specified in a certificate of registration and shall be regarded for all purpose as an instrument of transfer of the vessel and be registered as required under section 24.

(3) Where on the death or bankruptcy of the owner of the vessel, or on the distribution of his assets, the ownership of the vessel is vested in a person who is not entitled to own the vessel, that person shall, within six months of the transmission of the ownership of the vessel to him, sell the vessel and if he fails to do so the ownership of the vessel shall vest in the Administrator General under the Administrator General Act.

Cap. 10:01

(4) Where the ownership of the vessel is vested in the Administrator General under subsection (3), the Administrator General shall sell the vessel and pay over to the person in whom the ownership of the vessel was originally transmitted, the price obtained on the sale after deduction of the expenses incurred on the sale.

Mortgage of vessel

26. A vessel may be given in mortgage as provided by the law for the time being governing mortgages and liens in Malaŵi.

Alterations to vessel

27.(1) Where a vessel is so altered as not to correspond with the particulars relating to her tonnage or description in the register, the owner shall, within thirty days after the completion of the alteration, notify the registrar of the alteration and shall produce a certificate from a surveyor stating the particulars of the alteration.

(2) On receipt of the notice of alteration under subsection (1), the registrar shall cause the alteration to be registered or direct that the vessel be registered anew.

(3) Where the owner fails to comply with subsection (1), he shall commit an offence and the registrar may cancel or suspend the certificate of registration of the vessel and detain the vessel until these requirements are complied with.

Registration of alteration

28.(1) For the purpose of registration of an alteration in a vessel, the certificate of registration of the vessel shall be produced to the registrar who shall

(a) retain the certificate of registration and grant a new certificate of registration containing description of the vessel as altered; and

(b) endorse and sign on the existing certificate a memorandum of the alterations.

(2) The registrar shall enter in the register the particulars of the alteration.

Provisional endorsement of alterations

29.(1) Where a vessel is so altered at any port or place outside Malaŵi as not to correspond with the particulars relating to her tonnage or description in the register the owner of the vessel shall make an application to an authorized officer for provisional endorsement of the particulars of the alterations on the certificate of registration of the vessel.

(2) On receipt of an application under subsection (1), the authorized officer may grant or refuse the application and where he grants the application the endorsement shall contain a statement that it is provisional.

PART IV

Licensing Arrangements

Licensing authority

30. A licensing authority for the purposes of this Act shall be such public officer or public officers as the Minister may, by notice published in the Gazette, appoint.

Licensing of vessels used for water transport

31.(1) Subject to subsection (2), no person shall, except under and in accordance with the terms of a licence issued under this Act, use any vessel upon inland waters for the carriage of

(a) any goods or any persons for hire or reward; or

(b) any goods for or in connexion with any trade or business:

Provided that fishing gear and fresh fish carried on board a fishing vessel shall not be considered to be goods for the purposes of this subsection.

(2) The Minister may, by notice published in the Gazette, exempt any vessel or class of vessels from the provisions of this section.

Using vessels in
contravention of section 31

32. Any person who uses a vessel in contravention of section 31 shall be guilty of an offence and liable to a fine of K500.

Duration of licence

33.(1) Every licence shall, unless revoked, continue to be in force for one year from the date on which it takes effect:

Provided that if on the date of the expiration of a licence proceedings are pending before the licensing authority on an application for the grant of a new licence in substitution for an
existing licence held by the applicant, the existing licence shall continue to be in force until such application is disposed of.

(2) With a view to enabling any vessel to be used temporarily

(a) for the purpose of a seasonal business;

(b) for the purpose of the execution of a particular piece of work; or

(c) for any other purpose of limited duration,

a short-term licence may be granted for a period not exceeding three months.

Licence not transferable

34. No licence shall be transferable except with the written consent of the licensing authority endorsed on such licence.

Form of licence

35. A licence shall be in such form as may be prescribed and a separate licence shall be issued in respect of each vessel.

Procedure for application for licence

36. Every person applying for a licence to use any vessel for the carriage of passengers or goods shall submit in writing to the licensing authority indicating

(a) the type of vessel to be used;

(b) the construction and motive power of such vessels;

(c) the total number of crew to be carried in such vessel;

(d) the number of passengers such vessel is intended to carry;

(e) the places between which such vessel is intended to be navigated including places, if any, outside Malaŵi and the services to be provided thereby;

(f) such other particulars as the licensing authority may require in relation to the application.

Objection to application for licence

37.(1) A licensing authority shall publish in the Gazette notice of every application for a licence and such notice shall specify the time within which, and the manner in which, objections may be made to the grant of the application.

(2) When considering an application, the licensing authority shall have regard to any objections to the applications which may be made by persons who are already providing transport facilities for the carriage of goods or passengers between the same places which the applicant intends to serve.

Discretion of the licensing authority to grant or refuse licences

38.(1) A licensing authority shall have full powers in its discretion either to grant or to refuse any application for a licence or to issue any licence subject to such conditions as the licensing authority may think fit to attach.

(2) In exercising its discretion as aforesaid, the licensing authority shall have regard to the following matters

(a) the extent to which the proposed services is necessary or desirable in the public interest;

(b) the extent to which it is necessary in the public interest to prevent uneconomic competition with other transport services;

(c) the extent to which the route or routes in respect of which the application is made are already served;

(d) the desirability of encouraging the provision of adequate and efficient services;

(e) the desirability of eliminating and preventing the growth of unnecessary or unremunerative services;

(f) the coordination of all forms of passenger and goods transport;

(g) the interest or interests of those requiring as well as those providing facilities for transport;

(h) the applicant’s reliability, financial stability and the facilities at his disposal for carrying out proposed services; and

(i) the condition of the vessel in respect of which the application is made and the fitness of such vessel for the purpose for which the applicant intends to use it.

Condition of licences

39.(1) It shall be a condition of every licence issued under this Act

(a) that the vessel in respect of which it is issued is maintained in a fit and serviceable condition;

(b) that the provisions of any law for the time being in force relating to prevention and control of pollution, limits of weight, laden and unladen, the loading of vessels and the number of passengers to be carried are complied with in relation to such vessel.

(2) Without prejudice to the generality of the provisions of section (1) a licensing authority may, in its discretion, attach to a licence all or any of the following conditions

(a) a condition that the vessel in respect of which it is issued shall or shall not be used in a specified area or over specified routes;

(b) a condition that certain classes or descriptions of goods shall or shall not be carried;

(c) a condition specifying the charges or the maximum or minimum charges to be made for the carriage of goods and passengers;

(d) a condition specifying the maximum laden weight of such vessel;

(e) a condition that passengers may or may not be carried; and

(f) a condition specifying the maximum number of passengers which may be carried.

(3) If the applicant has stated in his application for a licence that the vessel to which the application relates is only to be used
within Malaŵi inland waters, it shall be a condition of the licence issued upon such application that the vessel shall not be used outside Malaŵi inland waters.

(4) The licensing authority may, from time to time, cancel or vary any of the conditions of a licence.

(5) Any person who fails to comply with any condition of the licence held by him shall be guilty of an offence and liable to a fine of K200.

Power to revoke or
suspend licences

40.(1) A licence may be revoked or suspended by the licensing authority on the ground that any of the conditions of the licence have not been complied with.

(2) In any case where a licence is revoked or suspended the licensing authority shall, if requested by the licence holder, state in writing the grounds for the revocation or suspension.

Provision for appeals in connexion with licences

41. Any person who

(a) being an applicant for a licence, is aggrieved by the decision of the licensing authority on the application; or

(b) having duly made an objection to any such application as aforesaid, being an objection to which the licensing authority is bound to have regard, is aggrieved by the decision of the licensing authority thereon; or

(c) being the holder of a licence, is aggrieved by the revocation or suspension thereof, or by the variation of any of the conditions thereof,

may appeal to the Minister whose decision shall be final.

PART V

Bilateral and Multilateral Arrangements

Declaration of inland waters

42. The Minister may, by notice published in the Gazette

(a) declare any lake or river or area of water or port thereof to be inland waters for the purposes of this Act;

(b) designate places or areas of inland waters or land as harbours;

(c) make regulations for the management, control and safety of any such inland waters and harbours and of vessels and persons and cargo within them, the powers of persons to effect such control and the payment of fees for services within such harbours; and

(d) after consultation with the Minister for the time being responsible for matters of the environment, make regulations for the prevention and control of pollution of the marine environment.

Agreements with other countries

43.(1) The Minister may, under such conditions as he may deem necessary, conclude agreements with the government of any country which borders on any lake or river of which a part has been declared to be inland waters and in any such agreement may make arrangements

(a) for the recognition and effect in such country of documents issued for the purposes of this Act, and for the recognition and effect in Malaŵi of documents issued in such country in relation to vessels, master and crew;

(b) for the use on inland waters of vessels registered in such country and the use on the inland waters of such vessels registered under this Act;

(c) for the recognition and effect of any bilateral or multilateral arrangements and treaties or agreements on regional cooperation entered into or to be entered into by the Government of Malaŵi;

(d) for the safety of passengers, crews and property abroad and the navigation of vessels used on inland waters and on the waters of such country;

(e) for access, by commercial vessels, to inland waters and ports of Malaŵi by vessels registered in such country and by Malaŵi vessels to inland waters and ports of such country; and

(f) for any other matters incidental to this Part.

(2) Every agreement or treaty or arrangement concluded under subsection (1) shall be published in the Gazette.

Existing treaty obligations paramount

44. Where the Minister is satisfied that the enforcement of any provision of this Act in regard to vessels of any country would be inconsistent with the obligations of the Government of Malaŵi under any treaty, convention or agreement entered into with that country, the Minister may, by order published in the Gazette, suspend the operation of that provision with regard to vessels of that country so far as he may deem necessary to enable the aforementioned obligations to be fulfilled.

PART VI

Surveys and Inspections

Division ASurveys

Regulations to implement safety
conventions

45. The Minister may make such regulations as he may think fit to give effect to any International Convention on Safety or Tonnage to which Malaŵi is a party.

Surveys and inspections

46.(1) Surveyors, boat examiners and other authorized officers appointed under this Act may carry out surveys and inspections of vessels for the purposes of this Act.

(2) Any person referred to under subsection (1) may carry out other assignments as the Chief Surveyor may direct.

Purposes of surveys and inspections

47. A survey or inspection shall be in respect of any or all of the following matters

(a) the boilers and machinery of motor vessels;

(b) the equipment of vessels including the tackles, furnishings and appurtenances;

(d) the life-saving, fire fighting and other safety installations and appliances of vessels;

(e) the radio-telegraphy and radio-telephony installations of vessels;

(f) the storage and manner of loading of cargoes and storage of dangerous goods;

(g) officer, crew and passenger accommodation and facilities; and

(h) any other matters incidental thereto.

Powers of surveyors
and boat examiners

48.(1) A surveyor, boat examiner and authorized officer may, in the performance of his duties, at all reasonable times, go on board any Malaŵian vessel or on any foreign vessel on inland waters or at a port in Malaŵi, and inspect it or any of its machinery or equipment or the certificate of competency of any certificated officer on board.

(2) Where

(a) a surveyor, boat examiner or authorized officer considers a vessel unsafe or the machinery or equipment defective in such a way as to expose persons on board to danger or in the case of a passenger vessel, unfit to carry passengers; or

(b) a surveyor, boat examiner or authorized officer finds that the provisions of this Act have not been complied with in respect of the vessel and considers that the vessel should not sail for that reason,

the surveyor or boat examiner or authorized officer may request the Chief Surveyor to detain the vessel until he is satisfied that the vessel can safely sail.

(3) Where the surveyor or boat examiner or authorized officer visits a vessel, he may ask the owner or his agent, the master or engineer, or any other person on board and in charge or appearing to be in charge of the vessel, any question concerning any accident that has happened on the vessel, and every such person shall fully and truly answer every such question and any person who fails to do so or who gives an answer which is not true in any particular material shall commit an offence.

(4) A surveyor, boat examiner or an authorized officer may require that the machinery of a vessel be put in motion so as to satisfy himself on its condition.

Records of surveyors
and boat examiners

49. A surveyor or boat examiner or authorized officer shall keep, in such form as the Chief Surveyor may direct, a record of every inspection he makes.

Survey of
passenger vessels

50. Every passenger vessel shall be surveyed

(a) before the vessel is put into service;

(b) at intervals of not more than one calendar year; and

(c) at such other times as may be required by the Chief Surveyor.

Initial survey

51.(1) The survey made before a passenger vessel is put into service shall include a complete inspection of the hull, machinery and equipment.

(2) The survey under subsection (1) shall ensure that the arrangements, materials and scantlings of

(a) the hull;

(b) the boiler and other pressure systems;

(c) the main and auxiliary machinery;

(d) the electrical installations;

(e) the radio installations;

(f) the radio installations in motor life-boats;

(g) the portable radio apparatus of survival craft;

(h) the life-saving appliances;

(i) the fire detecting and extinguishing appliances;

(j) the pilot ladders; and

(k) other equipment, including navigation aids,

fully comply with the requirements of any International Safety Conventions to which Malaŵi is a party and with any regulations which the Minister may make under this Act.

(3) The survey under subsection (1) shall also ensure that

(a) the workmanship of all parts of the hull and machinery and equipment is satisfactory; and

(b) the vessel is provided with such lights and sound signals as are required by any International Conventions to which Malaŵi is a party.

Periodic survey

52.(1) Any periodic survey under this section shall ensure that the equipment listed under section 51 are in satisfactory condition and fit for the service for which they are intended and comply with the requirements of any International Safety Conventions to which Malaŵi is party and any regulations made under this Act.

(2) Any periodic survey under this section shall also ensure that the light, sound and distress signals of the vessel are in working order.

Additional survey

53.(1) The Chief Surveyor may require additional survey under this section every time

(a) an accident occurs on or to the vessel;

(b) a defect is discovered that affects the safety of the vessel or the efficiency or completeness of the life-saving appliances;

(c) important repairs or renewals are made to the vessel.

(2) The survey shall ensure that

(a) the necessary repairs or renewals have been effectively made;

(b) the material and workmanship of the repairs or renewals are in all respects satisfactory; and

(c) the vessel complies in all respects with any International Safety Conventions to which Malaŵi is party.

Cargo vessels and fishing vessels

54.(1) The hull, machinery and equipment of a cargo vessel and a fishing vessel shall be surveyed before it is put into service and thereafter at intervals of not more than four years or, if the Chief Surveyor so directs, at lesser intervals.

(2) The survey shall ensure that the arrangements, materials and scantlings of

(a) the hull;

(b) the boiler and other pressure systems;

(c) the main and auxiliary machinery;

(d) the electrical installations; and

(e) other equipment,

are in all respects satisfactory for the service for which the vessel is intended.

Life-saving and fire
fighting
appliances

55.(1) The life-saving appliances and fire fighting equipment of every cargo vessel and every fishing vessel shall be surveyed before they are put into service and thereafter at intervals of not more than two years or, if the Chief Surveyor so directs, at lesser intervals.

(2) The life-saving appliances; fire fighting and fire control plans in every cargo vessel or every fishing vessel and the pilot ladders light and sound signals and distress signals in every new and existing cargo vessel or fishing vessel shall be surveyed to ensure that they comply fully with the requirements of any International Safety Conventions to which Malaŵi is a party and any regulations which the Minister may make under this Act.

Radio
installation

56. The radio installation in a cargo vessel or fishing vessel and any radio-telegraph installation in a motor lifeboat or any portable radio apparatus for survival craft that are carried in compliance with the requirements of any International Safety Conventions to which Malaŵi is a party or regulations made under this Act shall be surveyed at intervals of not more than one year.

Passenger
vessels,
pleasure crafts and oil tankers

57.(1) The provisions of this Act shall, unless otherwise stated, apply without exception to

(a) passenger vessels;

(b) yachts and pleasure crafts; and

(c) oil tankers.

(2) The Minister may make special or additional regulations to apply to vessels in subsection (1).

Survey reports to the Chief Surveyor

58. After every survey, the surveyor or boat examiner or other authorized officer shall send, or cause to be sent, a report of the survey to the Chief Surveyor.

Division BInspection

Inspection certificate

59. Where, in relation to a vessel being

(a) a passenger vessel intended to carry more than twelve passengers;

(b) a cargo vessel exceeding five hundred GRT intended to be employed on a voyage outside Malaŵi; and

(c) a fishing vessel of fifteen metres or more, the Chief Surveyor is satisfied, on receipt of the report of a survey that all the relevant provisions of any International Safety Conventions to which Malaŵi is a party and the regulations made under this Act have been complied with, he shall issue in respect of the vessel, an appropriate safety convention certificate and an inspection certificate.

Safety
certificates

60. The Minister may make regulations prescribing safety requirements and providing for the issue of local safety certificates in respect of

(a) any vessel or class of vessels to which any International Safety Conventions to which Malaŵi is a party does not apply;

(b) for matters for which any International Safety Conventions to which Malaŵi is a party does not make express safety provisions in respect of any vessel or class of vessels to which the convention applies.

Posting of certificate

61. On receipt of an inspection certificate or local certificate or convention certificate, the owner or master of the vessel in respect of which the certificate is issued shall cause the certificate to be posted up in some conspicuous place on board the vessel for the information of all on board.

Alteration to vessel

62. An owner or master of the vessel in respect of which an inspection certificate or a local safety certificate or a safety convention certificate, has been issued who, without reasonable cause does or suffers to be done anything to the vessel whereby the certificate becomes inapplicable to the vessel or to other matters to which the certificate relates shall commit an offence.

Foreign safety convention certificates

63.(1) The Minister may request the government of a country to which any International Safety Conventions apply to issue in respect of a Malaŵian vessel any certificate provided for by the said International Safety Conventions to which Malaŵi is a party.

(2) A certificate issued in pursuance of a request under subsection (1) and containing a statement that it has been so issued shall have the same effect as if it has been issued under this Act.

Certification of foreign vessels

64. The Minister may, at the request of the government of a country to which any International Safety Conventions apply, cause any certificate provided for by the said International Safety Conventions to which Malaŵi is a party to be issued in respect of a vessel of that country, if he is satisfied that the certificate can properly be issued.

PART VII

Manning Levels

Regulations for grant of certificates of competency and
certificated officers

65. The Minister may make regulations for

(a) the provision of certificated officers;

(b) the classes of vessels to be provided with certificated officers;

(c) the grant of certificates of competency; and

(d) other matters incidental thereto, to be provided under this Act.

Board of examiners and foreign certificates

66.(1) For the purpose of granting certificates of competency to certificated officers, the Chief Surveyor shall appoint a board of examiners which shall

(a) cause examinations to be held at such time and place as he may determine; and

(b) cause to be delivered the appropriate certificate of competency to every candidate who passes the examinations and gives satisfactory evidence of his experience, ability and good character.

(2) Where the law of any other country provides for examinations for, and the issue of certificates to, persons intending to act as certificated officers on board vessels and

(a) the Chief Surveyor is satisfied that all examinations are so conducted as to be equally effective as the examinations conducted for the same purpose in Malaŵi under subsection (1); and

(b) any certificate is granted on principles that show the like qualifications and competency as those granted under this Act,

the Chief Surveyor may approve the certificate as an equivalent for a certificate granted under subsection (1).

(3) Where any person holding a certificate under subsection (2) applies to serve on a Malaŵi vessel, the Chief Surveyor may direct that

(a) where the person is a citizen of Malaŵi, he shall be granted a certificate of equivalent grade under this Act;

(b) where the person is not a citizen of Malaŵi, he shall be issued with a licence authorizing him to serve on a Malaŵi vessel.

(4) Any licence issued under subsection (3) (b) shall be subject to such conditions as the Chief Surveyor may impose.

(5) The Chief Surveyor may, with the approval of the Minister, regulate the issue of certificate of competency to engine room attendants.

Loss of
certificates

67. Where the certificated officer satisfies the Chief Surveyor that he has lost a certificate of competency or a licence issued to him under this Act, the Chief Surveyor may, on payment of the prescribed fee, deliver a certified copy of the certificate or the licence to him.

Production of certificates

68.(1) Any person serving or engaged to serve on any Malaŵi vessel who holds a certificate of competency or a licence shall, on demand, produce the certificate or licence to the Chief Surveyor or his representative.

(2) Any person who fails, without reasonable cause, to comply with subsection (1) shall commit an offence.

Records of certificates and licences

69. The Chief Surveyor shall keep the register in which shall be recorded all matters relating to certificates of competency and licence, including their issue, cancellation, suspension or amendment.

Notification of engagement

70.(1) Where a certificated officer is engaged on board a Malaŵi registered vessel outside Malaŵi, the master of the vessel shall, within seven days of the engagement, submit such particulars of the officer to the Chief Surveyor.

(2) Where the certificated officer ceases to be employed on a Malaŵi registered vessel outside Malaŵi, the master of the vessel shall, within seven days of the termination, notify the Chief Surveyor of the termination of the employment.

Sailing
undermanned

71.(1) Where a Malaŵi vessel sails without carrying such officers as are required to be carried in accordance with regulations made under section 65, the owner and the master of the vessel shall each commit an offence.

(2) The Chief Surveyor may cancel or suspend the certificate of registration of a vessel or detain the vessel until
it is properly manned in accordance with regulations made under section 65.

Contracts of apprenticeship

72.(1) Every contract of apprenticeship to be performed on any Malaŵi vessel shall be signed in the presence of the Chief Surveyor by the apprentice and the owner of the vessel or his authorized representative.

(2) The Chief Surveyor shall attest the signing of the contract of apprenticeship where he is satisfied that the apprentice

(a) understands the contents and provisions of the contract;

(b) freely consents to be bound thereby;

(c) has attained the age of 18; and

(d) is in possession of a certificate of a medical practitioner to the effect that he is physically fit for sea service.

PART VIII

Safety Provisions

Division ASafety

Manning to ensure safety

73. Every vessel shall be manned with a crew both sufficient and efficient to ensure safety of life for the purpose of any intended voyage and shall be kept so manned.

Vessel’s
stability

74.(1) There shall be carried on board every vessel such information in writing about the vessel’s stability as is necessary for the guidance of the master of the vessel in loading and ballasting the vessel.

(2) The information required under subsection (1) shall be in such form as may be approved by the Chief Surveyor.

(3) The master of a vessel referred to in subsection (1) which sails in contravention of this section shall commit an offence.

Signalling lamp

75.(1) No vessel which is more than 50 GRT shall set sail on voyage outside Malaŵi inland waters unless the vessel is provided with an efficient signalling lamp.

(2) The master of the vessel which sails on such a voyage outside Malaŵi inland waters in contravention of this section shall commit an offence.

Hazards to navigation

76.(1) The master of the vessel on meeting a dangerous derelict, a tropical storm or any other direct danger to navigation shall report it to a vessel or vessels in the vicinity and to the nearest appropriate station on shore.

(2) The person in charge of a transmission station in Malaŵi or on board a vessel shall, on receiving a signal indicating that a message is about to be sent relating to hazards to navigation, refrain from sending messages for a time sufficient to allow other stations to receive the message.

Assistance in distress

77.(1) The master of a vessel sailing on receiving signal from any source that a vessel or aircraft or survival craft is in distress shall proceed with all speed to the assistance of the vessel and any person in distress informing them if possible that he is doing so.

(2) Where the master is unable, or considers it unreasonable or unnecessary to proceed to the assistance of a vessel or a person in distress he shall enter in the official logbook of the vessel the reasons therefor.

(3) The master of any vessel in distress may request the master of any vessel which answers his distress signal to render assistance.

(4) The master of a vessel to whom a request is made under subsection (3) shall comply with the request and proceed with all speed to the assistance of the vessel in distress.

Giving helm orders

78. No person in a vessel shall, when the vessel is going ahead

(a) give a helm or steering signal containing the word “star-board” or “right” unless he intends that the head of the vessel moves to the right; or

(b) give a helm or steering signal containing the word “port” or “left” unless he intends that the head of the vessel moves to the left.

Collision regulations

79.(1) The Minister may make regulations, in this Act referred to as “collision regulations”

(a) for the prevention of collision on inland waters;

(b) respecting the lights to be carried and exhibited;

(c) respecting the signals to be used; and

(d) respecting the steering and sailing rules to be observed by a vessel.

(2) Every owner or master of a vessel, seaplane or other craft who does not comply with the collision regulations shall commit an offence.

Presumption of fault

80. Where any damage to property arises from the non-observance of the collision regulations, the damage shall be presumed to have been caused by the wilful default of the person in charge of the vessel, seaplane or other craft not observing the collision regulations.

Assistance in collision

81.(1) Where there is a collision between vessels, the master or person in charge of each vessel, shall so far as he can do so without danger to his own vessel, crew and passengers

(a) render to the other vessel, her crew and her passengers such assistance as is practicable and necessary in order to preserve them from any danger caused by the collision;

(b) stay by the other vessel until he has ascertained that she has no need of further assistance; and

(c) give to the master or person in charge of the other vessel, the name of his own vessel, her port of registration, and the names of the ports from which she comes and to which she is bound.

(2) A master or person in charge of the vessel who fails, without reasonable cause, to comply with this section shall commit an offence.

Reporting of accidents

82.(1) Where a vessel has been involved in an accident occasioning

(a) loss of life or serious injury to any person; or

(b) any damage affecting her seaworthiness or her efficiency,

the owner or master of the vessel shall, within twenty-four hours of the occurrence of the accident or as soon as possible thereafter, transmit to the Chief Surveyor a written report of the accident.

(2) Every report of accident or damage to a vessel under subsection (1) shall be signed by the owner or master of the vessel and shall state

(a) the particulars of the vessel and her location;

(b) the circumstances in which the accident or damage occurred; and

(c) the probable cause of the accident or damage.

(3) Any owner or master of a vessel who fails, without reasonable cause, to comply with this section shall commit an offence.

Division BLoad Lines

Load line regulations

83. The Minister may, by regulations published in the Gazette, in this Act referred to as “Load Line Regulations”, make such provision as he sees fit to give effect to the Load Line Convention and, in particular to provide for

(a) survey and determination of load lines, including conditions of assignment of freeboards;

(b) the stability, loading and ballast of vessels;

(c) the issue of certificates and the forms of the certificates; and

(d) any other matter relating to load lines.

Load line vessels

84.(1) Load line vessels are all vessels other than

(a) existing vessels of under 150 GRT;

(b) new vessels of less than 24 metres in length;

(c) naval vessels or police patrol vessels or coast guard vessels;

(d) vessels solely engaged in fishing; and

(e) pleasure yachts not engaged in trade.

(2) For the purpose of this Part, load line vessels consist of

(a) international load line vessels, where applicable, being load line vessels that carry cargo or passengers between Malaŵi and other countries; and

(b) local load line vessels that are not international load line vessels.

(3) For purposes of this Part, a vessel shall be deemed to be loaded beyond the limits specified in her load line certificate if she is so loaded as to submerge the appropriate load line on each side in water when she has no list.

Compliance with
regulations

85. The master of a load line vessel shall not take the vessel on Malaŵi inland waters unless

(a) she has been surveyed in accordance with the load line regulations;

(b) she complies with the conditions of assignment of free-boards as determined in the load line regulations;

(c) she is marked on each side with

(i) a deck mark, being a mark indicating the position of the uppermost complete deck as defined in the load line regulations; and

(ii) load lines, being lines indicating the several maximum depths to which the vessel can be safely loaded in various circumstances prescribed by the load line regulations; and

(d) it has been issued with a load line certificate by the Chief Surveyor.

Load line certificate

86.(1) The Chief Surveyor shall issue a load line certificate to every vessel that complies with the provision of this Act relating to the load line.

(2) The Minister may request the government of a contracting country to issue a load line certificate to a Malaŵian load line vessel and a certificate so issued shall have the same effect as a certificate issued under subsection (1).

Renewal of load line certificate

87.(1) Subject to a vessel being surveyed in accordance with the load line regulations, the load line certificate of a vessel shall be renewed at such intervals as the Chief Surveyor may prescribe.

(2) A load line certificate in respect of a vessel shall cease to be valid on the transfer of the vessel to the flag of another state, unless the Minister makes an endorsement thereon respecting the validity of the certificate.

Cancellation or suspension of load line certificate

88.(1) Any load line certificate issued under this Part may be cancelled or suspended by the Chief Surveyor, where he has a reason to believe that

(a) any survey on the basis of which the certificate was issued has been made by fraud or error;

(b) the certificate has been issued on false or erroneous information;

(c) since the making of a survey, material alterations have taken place in the hull or superstructure of the vessel in contravention of this Act; and

(d) the fittings and appliances for the protection of openings, the guard-rails, the freeing ports or the means of access to the quarters of the crew have not been maintained on the vessel in as effective condition as they were in when the certificate was issued.

(2) Where the load line certificate is cancelled or suspended, the Chief Surveyor may require the owner or master of the vessel to have the vessel surveyed again before the re-issue of the certificate or the grant of a new certificate.

Surrender of load line certificate

89.(1) Where a load line certificate has expired or has been cancelled or suspended the Chief Surveyor shall require the owner or master of the vessel to which the certificate relates to surrender the certificate at such time and place as he may direct.

(2) The owner or master of a vessel, who without reasonable cause, fails to comply with a requirement under subsection (1) shall commit an offence.

Vessel without load line certificate

90.(1) A load line vessel shall not set sail unless her master produces to the Chief Surveyor, when requested, a valid load line certificate.

(2) The Chief Surveyor may detain a vessel until her load line certificate is produced as required under subsection (1).

Display of load line certificate and entries

91.(1) On receipt of a load line certificate, the owner or master of the vessel in respect of which the certificate is issued shall

(a) cause it to be posted up in some conspicuous place on board the vessel for the period of its validity; and

(b) immediately enter in the official log-book the particulars as to the position of the deck line and load line which are specified in the certificate.

(2) Before any vessel leaves any port or place for the purpose of setting sail, the master of the vessel shall

(a) enter in the official log-book such particulars relating to the depth to which the vessel is for the time being loaded; and

(b) subject to subsection (3), cause a notice in such form and containing such particulars as may be specified in the load line regulations to be posted up in some conspicuous place on board the vessel.

(3) The Chief Surveyor may exempt any class of vessel from the requirements of subsection (2).

(4) Where the owner or master of a vessel fails to comply with any requirement imposed on him by subsection (1) or (2), he shall commit an offence.

Load line certificate of foreign vessel

92. The Minister may, at the request of the Government of a contracting country, cause an appropriate load line certificate to be issued in respect of a vessel registered in that country, where he is satisfied that the certificate may properly be issued.

Inspection of foreign vessel

93.(1) A surveyor may go on board any vessel within any port or place in Malaŵi for the purpose of examining the load line certificate relating to the vessel.

(2) Where a valid load line certificate in respect of a foreign vessel is produced to the surveyor on demand, the surveyor’s power of inspecting the ship shall be limited to seeing that

(a) the vessel is not loaded beyond the limits allowed by the certificate;

(b) lines are marked on the vessel in the position of the load lines specified in the certificate;

(c) no material alterations have taken place in the hull or super-structures of the vessel which affect the position in which any of those lines ought to be marked;

(d) the fittings and appliances for the protection of openings, the guard-rails, the freeing ports and the means of access to the crew’s quarters are as when the certificate was issued.

(3) Where a valid load line certificate in respect of a foreign vessel is not produced to the surveyor, the surveyor may inspect the vessel for the purpose of ensuring that the provisions of this Part and regulations made under this Act have been complied with, as if the vessel were a Malaŵi vessel.

PART IX

The Crew

Division AContents of Agreement

Crew
agreement

94.(1) Subject to subsection (3), the owner of every vessel when on inland waters, shall enter into an agreement in writing with every seaman whom he engages as one of his crew.

(2) A crew agreement shall be dated at the time it is first signed.

Contents
of crew
agreement

95.(1) A crew agreement shall state

(a) the place at which it is made;

(b) the full names of the seaman;

(c) the place of birth of the seaman;

(d) the age and date of birth of the seaman;

(e) the name of the vessel on which the seaman undertakes to serve;

(f) the nature of the engagement;

(g) the period of the engagement whether for a single voyage or for a series of voyages or permanent;

(h) the port at which it is intended to discharge the crew;

(i) any place or ports of Malaŵi or other countries to which the voyage or engagements is not to extend;

(j) the place and date at which the seaman is to be on board the vessel or to begin work;

(k) the capacity in which the seaman is to serve;

(l) the amount of wages that the seaman is to receive, including any payment in advance or any allotment during his absence as provided under sections 105 and 106;

(m) the scale of the provisions that are to be supplied to seamen;

(n) the leave to which the seaman is entitled;

(o) any regulations as to the conduct of seamen on board vessels; and

(p) any contributions to be made by the employer and any member of the crew towards a pension fund.

(2) A crew agreement may contain such other stipulations as are agreed upon by the owner of the vessel and the seaman.

Posting of specimen agreement

96. The master of a vessel shall, at the commencement of every voyage, post up a legible specimen of the crew agreement in some part of the ship that is accessible to the crew.

Employment of young persons

97. No young person shall

(a) be engaged to work on board a vessel unless he has obtained the consent in writing of his parent or guardian;

(b) be employed to work in the engine room of a vessel unless he is an apprentice working under supervision.

Continuous Discharge Book

98.(1) The Chief Surveyor shall issue to every seaman engaged on a vessel a book, to be known as a Continuous Discharge Book, which shall contain a record of service of the seaman.

(2) The master of a vessel shall, on the discharge of a seaman from his vessel, make an entry in the Continuous Discharge Book of the time and place of discharge and shall sign the entry.

(3) An entry under subsection (1) shall not contain any statement as to wages or the quality of work of the discharged seaman.

(4) The master of a vessel shall, on the discharge of every certificated officer whose certificate of competency has been
delivered to and retained by him, return the certificate to the officer.

Character report

99. Where a seaman is discharged from a vessel, the owner of the vessel may make, sign and deliver to the seaman a character report in which the master shall report on the conduct, character and qualifications of the seaman.

Time and manner of payment

100.(1) The owner or master of a vessel shall pay to each seaman engaged on his vessel the wages of the seaman within two working days after the arrival of the vessel at the port where the crew is to be discharged or on the seaman’s discharge whichever is the earlier.

(2) The final wages of a seaman, may, with his consent, be paid over for the account of the seaman, to the Chief Surveyor and the receipt of the Chief Surveyor shall constitute an absolute discharge to the owner of the wages paid over to the Chief Surveyor.

Account of wages

101.(1) The owner of a vessel shall, before discharging a seaman, deliver to him a full and true account of the seaman’s wages.

(2) The account shall be delivered to the seaman not less than twenty-four hours before his discharge.

Deductions

102.(1) The master of a vessel shall, before discharging a seaman, deliver to him a full and true account of the seaman’s wages.

(2) The master of a vessel shall, during the voyage enter the various matters in respect of which the deductions are made with the amount of the respective deductions as they occur in a book kept for that purpose.

(3) The owner of the vessel shall, if required, produce the book at the time of the payment of the wages and at any hearing of any complaint or question relating to that payment.

Settlement of wages

103.(1) Subject to subsection (2) where the wages of the seaman are not paid or settled as provided in this Part, the wages of the seaman shall continue to run and be payable until the time of the final settlement thereof.

(2) Subsection (1) shall not apply where

(a) the delay in the payment of the seaman’s wages is attributable solely to the act or default of the seaman;

(b) a reasonable dispute as to the liability of the owner or master of the vessel arises; or

(c) the delay is due to any other cause outside the control of the seaman or owner of the vessel.

(3) Where a seaman is discharged from a vessel and the settlement of his wages is completed, he shall endorse his
discharge on a crew agreement and sign a release of all claims in respect of the voyage or engagement for which his wages have been settled.

(4) The master of the vessel shall deliver a copy of the release so signed and attested to the Chief Surveyor.

Rate of
exchange

104. Where a seaman has agreed with the owner of a vessel for payment of his wages in a specific currency, any payment of or on account of his wages if made in any currency other than that stated in the agreement, shall be made at the official rate of exchange for the currency at the place where, and on the day on which, the payment is made.

Payment in advance

105. A crew agreement may contain a stipulation for payment in advance, to or on behalf of a seaman conditionally on his commencement of work in pursuance of the agreement, of a sum not exceeding the equivalent of two weeks’ wages payable to the seaman under the agreement.

Allotment of wages

106.(1) A crew agreement may contain a stipulation that part of the wages due to a seaman, during his absence from Malaŵi, be allotted to such person and at such times as may be specified in the crew agreement.

(2) The amount that may be specified under subsection (1) shall not exceed fifty percent of a seaman’s monthly wages.

(3) Any person who becomes entitled to an allotment under this section may sue and recover the amount of the allotment as if it were a debt due to him.

Right to wages and provisions

107. A seaman’s right to wages and provisions shall begin at

(a) the time at which he commences work, or

(b) the time specified in the agreement for his commencement of work or presence on board, whichever is the earlier.

Abandonment of wages and salvage

108. Any agreement whereby a seaman

(a) abandons any privilege he may have under any enactment on a vessel in respect of his wages;

(b) is deprived of any remedy for the recovery of his wages;

(c) abandons his right to wages in case of the vessel; or

(d) abandons any right that he may have or obtain in the nature of salvage,

shall be null and void.

Premature termination of service

109.(1) Where the service of a seaman terminates before the date contemplated in the agreement and is left on shore by reason of his unfitness or inability to proceed on the voyage, he shall be entitled to wages for time serviced up to the time of that termination.

(2) Where the service of a seaman terminates before the date contemplated in his agreement by reason of the loss or foundering of the vessel on which he was employed, he shall be entitled to receive wages in respect of each day on which he is unemployed during a period of two months from the date of termination of his service at the rate stipulated in his agreement.

Wages during sickness

110.(1) A seaman shall be entitled to his wages during sickness on board a vessel or on shore sick leave.

(2) Where a seaman is by reason of sickness incapable of performing his duty and it is proved that his sickness

(a) has been caused by his own wilful act or default; or

(b) is a sickness or an infirmity wilfully concealed at the time of engagement,

he shall not be entitled to wages for the time during which he is, by reason of the sickness, incapable of performing his duty.

Wages on improper discharge

111. Where a seaman who has signed an agreement is discharged otherwise than in accordance with the terms of the agreement

(a) before the commencement of the voyage; or

(b) before the month’s wages are earned, without fault on his part justifying the discharge and without his request to be discharged,

he shall, without prejudice to any other remedy available to him under any other enactment, be entitled to receive from the owner or master of the vessel any wages he might have earned together with compensation equivalent to one month’s wages for the damage caused to him.

Annual leave

112.(1) Every person shall be entitled after twelve months’ continuous service on a vessel, or with the same employer or consecutively with several employers, to an annual leave with pay, the duration of which shall be stipulated in the crew agreement.

(2) Where the continuous service of the seaman is less than twelve months he shall be entitled to leave proportionate to the period served.

Custody of property of deceased
seaman

113.(1) Where any seaman serving on a vessel dies during a voyage, the master of the vessel shall take charge of all personal effects, including money, on the vessel, belonging to the deceased seaman.

(2) The master of the vessel shall enter in the official log-book

(a) a statement of the amount of the money including the currencies, where applicable, in which they are;

(b) a description of the personal effects of the seaman; and

(c) a full statement of the wages due to the deceased.

Delivery of property of deceased
seaman

114.(1) Subject to subsection (2), the property of a deceased seaman shall be delivered by the owner of the vessel to the Chief Surveyor.

(2) The owner of the vessel may deduct from the property of the deceased seaman any expenses properly incurred in complying with subsection (1).

(3) Any person who claims to be entitled to the property of a deceased seaman shall make a claim to the Chief Surveyor within five years of the death of the seaman and no claim made thereafter shall be entertained by the Chief Surveyor.

(4) Where no claim to the property of a deceased seaman is made within the time specified in subsection (3), the Chief Surveyor shall cause the property to be sold by public auction and credit the net proceeds of the sale to the Consolidated Fund.

Division BProvisions

Complaints as to provisions

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