ACT
(Act 11 of 1994, 16 of 2000, 5 of 2011 and 14 of 2016)
Act 11 of 1994 .. in force 19 November 1994
Amended by Act 16 of 2000 .. in force 23 September 2000
Amended by Act 5 of 2011 .. in force 28 March 2011
Amended by Act 14 of 2016 .. in force 17 May 2016
ARRANGEMENT OF SECTIONS
PART 1
PRELIMINARY
1. | Short Title |
2. | Interpretation |
2A. | Force of law |
3. | Application to Government ships |
PART 2
ADMINISTRATION OF THE ACT
4. | Establishment of Division |
5. | Power of Minister to give directions |
6. | Maritime Officers |
7. | Surveyor's powers and duties |
8. | Registrar of Ships and Assistant Registrar of Ships |
9. | Minister may delegate certain powers and duties |
10. | Registrar of Seamen |
PART 3
RESTRICTION ON TRADING
11. | Trade in Saint Lucian waters |
PART 4
REGISTRATION AND LICENSING OF SHIPS AND PROPRIETARY INTERESTS IN SHIPS
Registration of Saint Lucian ships
12. | Qualifications for owning a Saint Lucian ship |
12A. | Qualification for registration of foreign ship as Saint Lucian ship |
13. | Obligation to register Saint Lucian ships |
14. | Application for registration |
15. | Declaration of ownership |
16. | Evidence on first registration |
17. | Restriction on registration |
18. | Cancellation of registration |
19. | Restriction on de-registration of ships |
19A. | Dispensations |
19B. | Termination and revocation of dispensation granted under section 19A |
19C. | Flag to be used where a dispensation has been granted under section 19A |
20. | Port of Registry |
21. | Register books |
22. | Documents to be retained by the Registrar of Ships |
22A. | Obligation of owner or operator of ship registered under section 12A |
23. | Name of ship |
24. | Change of name of ship |
25. | Identity marks for fishing vessels |
26. | Offences under section 24 and 25 |
27. | Call sign |
Tonnage Measurement
28. | Register book for ships under construction |
29. | Survey and measurements of ships |
30. | Minister to make Tonnage Regulations |
31. | Tonnage once ascertained to be tonnage of ship |
32. | Tonnage of foreign ship |
33. | Foreign and other measurements |
34. | Alterations between surveys |
35. | Appointment of surveyors of ships |
36. | Marking of ships |
Certificate of Registry
37. | Certificate of Registry |
38. | Power to make Regulations in relation to certificate of registry |
39. | Issue and custody of certificate of registry |
40. | Improper use of certificate of registry |
41. | Provisional certificate of registry |
42. | Temporary pass in lieu of certificate of registry |
Registration of Alterations and Registration Anew
43. | Registration of alterations |
44. | Procedure for registration of alterations |
45. | Provisional certificate where ship registered anew |
46. | Registration anew on change of ownership |
47. | Procedure on registration anew |
48. | Restriction on re-registration of wrecked or abandoned ships |
49. | Ships to be licensed |
50. | Qualifications for owning a licensed Saint Lucian ship |
51. | Operating restrictions |
52. | Regulations for licensing of ships |
Transfers and Transmissions
53. | Transfer of ship or share |
54. | Declaration of transfer |
55. | Registration of transfer |
56. | Transmission of property in ship on bankruptcy or death |
57. | Order for sale on transmission to an unqualified person |
58. | Transfer of ship or share by order of the Court |
59. | Power of Court to prohibit any dealing with ship |
Mortgages
60. | Mortgage of ship or share therein |
61. | Mortgage of provisionally registered ships |
62. | Entry of discharge of mortgage |
63. | Priority of mortgages |
64. | Mortgagee not treated as owner |
65. | Mortgagee to have power of disposal |
66. | Mortgage not affected by bankruptcy |
67. | Transfer of mortgages |
68. | Transmission of interest in mortgage on bankruptcy or death |
69. | Authority to sell or mortgage out of Saint Lucia |
70. | General rules for Certificates of Sale |
71. | Procedure where ship under certificate granted in Saint Lucia |
72. | Registration in Saint Lucia where ship sold under certificate of sale granted in a foreign state |
73. | Rules as to certificate of mortgage |
74. | Loss of certificate of sale or mortgage |
75. | Revocation of certificate of sale or mortgage |
Maritime Liens
76. | Maritime liens |
77. | Priority of liens |
78. | Order of priority of liens |
79. | Rights of ship builders and ship repairers |
80. | Overriding nature of maritime liens |
81. | Claims arising from radioactive products |
82. | Limitation period |
83. | Notice of sale to be given |
84. | Effect of sale on mortgages |
85. | Disposition of proceeds of sale |
86. | Issue of certificate that a ship is free of mortgages, liens and other encumbrances |
Miscellaneous
87. | Provision for cases of infancy and disability |
88. | Notice of trusts not receivable |
89. | Definition of beneficial interest |
90. | Liability of beneficial owners |
91. | Registration of managing owner |
92. | Power to dispense with declarations or evidence |
93. | Mode of making declaration |
94. | Admissibility in evidence of register book and other documents |
95. | Forgery of documents |
96. | False declarations |
97. | Procedure on forfeiture of ship |
98. | Liabilities of ship not recognised |
99. | Forms |
100. | Instructions to Registrar of Ships |
101. | Returns to be made by the Registrar of Ships |
PART 5
NATIONAL CHARACTER AND FLAG
102. | National character of ship to be declared on clearance |
103. | National colours |
104. | Right to fly the flag of Saint Lucia |
105. | Showing of national colours |
106. | Penalty for unduly assuming Saint Lucian character |
107. | National flag on foreign ship |
108. | Penalty for using national colours if not qualified |
109. | Penalty for concealing Saint Lucian character or assuming foreign character |
110. | Liabilities of ship not recognised as a Saint Lucian ship |
PART 6
MANNING AND CERTIFICATION
111. | Regulations regarding manning and qualifications of persons serving in Saint Lucian ships |
112. | Power to exempt |
113. | Recognition of certificates issued abroad |
114. | Board of Inquiry |
115. | Cancellation or suspension of certificates or licences |
116. | Court of formal investigation to recommend cancellation or suspension of certificate |
117. | Appeals against cancellation or suspension |
118. | Offences |
119. | Prohibition against going to sea undermanned |
120. | Production of certificates and other documents of qualification |
121. | Ship leaving port while under detention |
122. | Saving and transitional |
PART 7
ENGAGEMENT AND WELFARE OF SEAMEN
Engagement of Seamen
123. | Functions of Registrar of Seamen |
124. | Crew agreements |
125. | Contents of crew agreements |
126. | Regulations for disciplinary offences |
127. | Same offence |
128. | Procedures relating to certain crew agreements |
129. | Further provisions as crew agreements |
130. | Stipulations not to be contrary to law of flag State |
131. | Seamen's Certificate of discharge |
132. | Character report |
133. | Discharge on change of registration |
134. | Employment of children |
135. | Changes in crew of ships |
136. | Change of master |
137. | Regulations for conditions of service |
138. | Use of English language |
139. | Crew's knowledge of English |
Wages
140. | Time and manner of payment of wages |
141. | Master to deliver account of wages |
142. | Deductions from wages |
143. | Settlement of wages |
144. | Registrar of Seamen's decision as to wages |
145. | Registrar of Seamen may require ship's documents |
146. | Rate of exchange |
147. | Registrar of Seamen may settle wage dispute |
148. | Court may award interest on wages due where there is no crew agreement |
149. | Allotment notes |
150. | Wages where service terminated |
151. | Protection of seaman's rights and remedies |
152. | Claims against seaman's wages for maintenance |
153. | Master's remedies for remuneration and disbursements |
154. | Wages not to depend on freight |
155. | Refusal or inability to work |
156. | Illness caused by own default |
157. | Costs for procuring conviction |
158. | Improper discharge |
159. | Protection of wages |
160. | Leave and holidays |
161. | Seaman may sue for wages |
162. | Jurisdiction of High Court in the recovery of wages |
163. | Power to rescind contracts |
Property of Deceased Seaman
164. | Property of deceased seaman |
165. | Delivery of deceased seaman's property |
166. | Forgery of documents |
Occupational Safety
167. | Occupational safety regulations |
Food and Water
168. | Provisions and water |
169. | Complaints as to provisions and water |
170. | Allowance for short or bad provisions |
171. | Weights and measures |
Health and Welfare
172. | Medical fitness regulations |
173. | Crew accommodation regulations |
174. | Certified cook to be carried |
175. | Medical stores regulations |
176. | Expenses for medical treatment and burial |
177. | Medical practitioners to be carried |
178. | Welfare Board for seamen's welfare |
179. | Facilities for making complaints |
Protection of Seamen from Imposition
180. | Assignment and sale of salvage |
181. | Seaman's debts |
Provisions as to Discipline
182. | Misconduct endangering life of ship |
183. | General offences against discipline |
184. | Desertion and absence without leave |
185. | Improper negotiation of advance note |
186. | Summary remedies not to affect other remedies |
187. | Certificate of discharge may be withheld |
188. | False statements as to last ship |
189. | Deserters from foreign ships |
190. | Proof of desertion when wages are to be forfeited |
191. | Application of forfeiture |
192. | Questions of forfeiture decided in suit for wages |
193. | Deduction of fine from wages |
194. | Persuading seaman to desert and harbouring a deserter |
195. | Penalty on stowaways |
196. | Trade disputes involving seamen |
197. | Offences to be entered in official log book |
Relief and Repatriation of Seamen
198. | Repatriation of seamen |
199. | Seaman to bear expense of repatriation in certain cases |
200. | Duty of Registrar of Seaman where seaman left behind |
201. | Effect of workman's compensation |
202. | Application to foreign vessels |
203. | Wages and effects of seaman left behind |
204. | Liability of master |
205. | Liability of Government |
206. | Payment to Government |
207. | Non-application of section 203 |
208. | Sale of seaman's effects |
209. | Maintenance and return of seaman involuntarily terminating service |
210. | Discharge of change of ownership |
211. | Certificate when seaman left behind |
212. | Offences |
213. | Account of wages of seaman left behind |
214. | Payment of seaman's wages |
215. | Application of wages of seaman left behind |
216. | Relief of distressed seaman |
217. | Repayment of relief and repatriation expenses |
218. | Forcing ashore |
219. | Proper return port |
220. | Manner of return |
221. | Return of seaman to proper return port |
222. | Minister may provide temporary relief |
223. | Unauthorised presence on board ship |
PART 8
OFFICIAL LOG BOOK AND ORDINARY SHIP'S LOG
224. | Official log book |
225. | Entries in official log book |
226. | Delivery of official log book to Director |
227. | Delivery of official log book where ship is or last was |
228. | Offences in respect of official log book |
229. | Ordinary ship's log |
230. | Returns of crew lists |
231. | Returns of births and deaths in Saint Lucian ships |
232. | Returns of births and deaths of Saint Lucian citizens in foreign ships |
233. | Penalty |
234. | Returns to be sent to the Registrar of Births and Deaths |
PART 9
PREVENTION OF COLLISIONS AND SAFETY OF NAVIGATION
235. | Collision regulations |
236. | Saint Lucian ships to observe collision regulations |
237. | Foreign ships in Saint Lucian waters |
238. | Damage caused by non-observance of collision regulations |
239. | Local rules for inland navigation |
240. | Inspection to enforce compliance with collision regulations |
241. | Duty to render assistance following collision |
242. | Record of boat and fire drills to be kept in official log book |
243. | Crew to be sufficient and efficient |
244. | Dangers to navigation to be notified |
245. | Master to proceed moderately in danger area |
246. | Notices to mariners and navigational warnings |
247. | Obligation to assist vessels in distress |
248. | Right to requisition ships when in distress |
249. | Obligation to assist persons in danger at sea |
250. | Salvage rights not affected |
251. | Regulations for signals of distress |
252. | Reports of accidents to ships |
253. | Loss of ship |
PART 10
SAFETY OF LIFE AT SEA
254. | Interpretation |
255. | List of Safety Convention countries |
256. | Application of Safety Convention |
257. | Regulations relating to Safety at Sea |
258. | Ships in port through stress of weather |
259. | Breach of Safety Regulations |
260. | Appointment of surveyors |
261. | Surveyor's powers of inspection |
262. | Surveyor's Report to Director |
263. | Surveyor's record of inspections and certificates |
264. | Survey of passenger ships |
265. | Initial survey of passenger ships |
266. | Periodic surveys of passenger ships |
267. | Additional surveys of passenger ships |
268. | Passenger Ship Safety Certificate |
269. | Short Voyage Certificates for passenger ships |
270. | Exemption and Qualified Certificates for passenger ships |
271. | Validity of passenger ship Short Voyage Certificates |
272. | Passenger Ship Safety Certificate to be carried on board |
273. | Penalty for carrying excess passengers |
274. | Safety Equipment survey on Cargo Ships |
275. | Cargo ship Safety Equipment Certificate |
276. | Cargo ship exemption and Qualified Safety Equipment Certificates |
277. | Cargo ship radar and radio installation surveys |
278. | Issue of cargo ship Radio Certificate |
279. | Cargo ship exemption and Qualified Radio Certificates |
280. | Radio Exemption Certificates |
281. | Cargo ship safety construction surveys |
282. | Regulations for cargo ship safety construction requirements and surveys |
283. | Issue of cargo ship Safety Construction Certificate |
284. | Cargo ship exemption and Qualified Safety Construction Certificates |
285. | Validity period of cargo ship Safety Construction Certificate |
286. | Appeals against withholding of ship's certificates or detention |
287. | Periods of Validity of Certificates |
288. | Extension of validity of certificates |
289. | Validity of qualified certificate |
290. | Penalty for breach of Exemption Certificates |
291. | Posting up of certificates on boardship |
292. | Survey to verify compliance with Safety Certificates |
293. | Production of Safety Convention Certificate |
294. | Inspection of ships holding Safety Convention Certificates |
295. | Ship not to proceed to sea without appropriate certificate |
296. | Detention of ship for non-production of certificates |
297. | Ships to carry stability information |
298. | Penalty for forgery of survey report or certificate |
299. | Notice of accident, defect or alterations affecting the efficiency or sea-worthiness of the ship |
300. | Resurvey of a ship following alterations or damages |
301. | Application of this Part to foreign ships |
302. | Survey of foreign ships and issue of Safety Convention Certificates |
303. | Issue of Certificate by other Governments |
304. | Exceptions |
305. | Regulations for safety requirements and issue of local certificates |
PART 11
LOAD LINES
306. | Interpretation |
307. | Exceptions |
308. | Countries to which Load Lines Convention applies |
309. | Load line regulations |
310. | Certificates issued under the Load Lines Convention |
311. | International and Local Load Line Certificate |
312. | Certificates issued by other governments |
313. | Certificates issued at the request of other government |
314. | Regulations as to the validity of foreign certificates |
315. | Power to make exemption orders |
316. | Further powers to exempt ships of novel design |
317. | Extent of exemption |
318. | Issue of exemption certificate |
319. | Duration of extension of exemption |
320. | Effect of Load Line Certificates |
321. | Duration, renewal and cancellation of Load Line Certificate |
322. | Ships not to proceed to sea without Load Line Certificate |
323. | Deck cargo regulations |
324. | Inspection of Saint Lucian load line ships |
325. | Notice to be given of alterations affecting position of ship's load lines |
326. | Submersion of load lines |
327. | Alteration or defacement of load line marks |
328. | Ships not to proceed to sea unless complying with the Load Line Regulations |
329. | Production of Load Line Certificates of Saint Lucian ships |
330. | Production of Load Line Certificates of foreign ships |
331. | Submersion of load lines of foreign ships |
332. | Posting up of Load Line Certificate and entry of load line details in ship's log book |
333. | Inspection of ships regarding load lines |
334. | Contravention of load line regulations and detention of ship |
PART 12
CARRIAGE OF BULK CARGOES
335. | Bulk cargo regulations |
336. | Precautions regarding grain cargoes |
337. | Offences |
PART 13
DANGEROUS GOODS
338. | Regulations in to dangerous goods |
339. | Carriage and marking of dangerous goods |
340. | Offences |
341. | Rejection and disposal of dangerous goods by the ship |
342. | Forfeiture of dangerous goods |
PART 14
SEAWORTHINESS OF SHIPS
343. | Unseaworthy ship |
344. | Sending unseaworthy ship to sea |
345. | Duty to ensure seaworthiness |
346. | Detention of unseaworthy ship |
347. | Liability for costs and damages |
348. | Complainant liability |
349. | Security for costs |
350. | Desertion from unseaworthy ship |
351. | Appointment of Surveyors or other maritime officers |
352. | Costs of survey |
PART 15
WRECK AND SALVAGE
Wreck
353. | Appointment and powers of Principal Receiver of Wreck and of receivers of wreck |
354. | Fees of receiver |
355. | Duty of receiver where vessel is in distress |
356. | Power of receiver in case of ship in distress |
357. | Power to pass over adjoining lands |
358. | Duties of persons finding wreck |
359. | Suppression of plunder and disorder |
360. | Immunity of receiver |
361. | Notice of wreck to be given by receiver |
362. | Claims of owner of wreck |
363. | Sale of wreck |
364. | Penalty for taking wreck at the time of casualty |
365. | Right to unclaimed wreck |
366. | Wrecked goods subject to duties |
367. | Delivery of wreck not to prejudice title |
368. | Removal of wreck by port or harbour Authority |
369. | Breaking and removal of wrecks |
370. | Extent of power of removal of wreck |
371. | Taking wreck to a foreign port |
372. | Boarding |
373. | Interfacing with wreck |
374. | Summary procedure for concealment of wreck |
375. | Examination on oath regarding vessels in distress |
Salvage
376. | Interpretation |
377. | Non-application to platforms and drilling units |
378. | Non-application of Salvage Convention to foreign state-owned vessel |
379. | Salvage of life |
380. | Salvage of cargo |
381. | Services excluded from salvage remuneration |
382. | Conditions for salvage remuneration |
383. | Salvage contracts |
384. | Annulment or modification of contracts |
385. | Duties of salvor |
386. | Duties of owner and master |
387. | Powers of the Minister |
388. | Criteria for fixing salvage reward |
389. | Responsibility for payment of reward |
390. | Maximum amount of reward |
391. | Special compensation |
392. | Services rendered under existing contracts |
393. | Apportionment between salvors |
394. | Salvor's misconduct |
395. | Maritime lien |
396. | Duty to provide security |
397. | Interim payment |
398. | State-owned cargoes |
399. | Humanitarian cargoes |
400. | Determination of salvage disputes |
401. | Summary determination of salvage disputes |
402. | Appeal in case of salvage disputes |
403. | Valuation of property salvaged |
404. | Detention of property by receiver where salvage payments due |
405. | Sale of detained property |
406. | Apportionment of small amounts of salvage |
407. | Apportionment of salvage by High Court |
408. | Salvor's right to interest |
409. | Salvage services rendered by Government |
410. | Limitation of actions |
411. | Publication of judicial and arbitral awards |
PART 16
PASSENGER SHIPS
412. | Power of the Minister to make regulations respecting passenger ships |
413. | Offences in connection with passenger ships |
PART 17
LIMITATION AND DIVISION OF LIABILITY
414. | Interpretation |
415. | Persons entitled to limit liability |
416. | Claims subject to limitation |
417. | Liability of ships |
418. | Claims not subject to limitation |
419. | Conduct barring limitation |
420. | Counterclaims |
421. | Calculation of limits of liability |
422. | Priorities |
423. | Measurement of ship's tonnage |
424. | Limitation of liability of authorities and owners of docks |
425. | Limit for passenger claims |
426. | Conversion of unit of account to Saint Lucian funds |
427. | Aggregation of claims |
428. | Provision of security |
429. | Distribution of proceeds of security |
430. | Bar to other actions |
431. | Release of ship on security |
432. | Rules as to division of loss |
433. | Damages for personal injury |
434. | Definition of “freight” |
435. | Right of contribution |
436. | Limitation of actions |
PART 18
INQUIRIES AND INVESTIGATIONS
437. | Investigations into shipping casualties |
438. | Preliminary inquiry |
439. | Formal investigations |
440. | Expenses of witnesses |
441. | Effect on certificates or licences |
442. | Inquiry into fitness or conduct |
443. | Rehearing and appeal |
444. | Appeals to High Court |
445. | Delivery of certificates or licences |
446. | Power of Minister to vary suspension or cancellation |
447. | Remuneration |
PART 19
LEGAL PROCEEDINGS
Jurisdiction
448. | Jurisdiction of a magistrate's court |
449. | Provision as to jurisdiction over offences |
450. | Jurisdiction over ships off the coast |
451. | Jurisdiction as to offences on board ships |
452. | Application of fines |
453. | Conviction under other law |
454. | Jurisdiction in collision and other cases |
455. | Actions in rem |
456. | Jurisdiction as to unsatisfied mortgages |
Detention and Distress on Ship for Damage Caused
457. | Detention of foreign ship |
458. | Enforcing detention of ship |
459. | Comptroller to be informed of detention of ship |
460. | Notice to consular officer of detention of foreign ship |
461. | Distress on ship |
462. | Inquiry into death on board |
463. | Seizure and sale |
Prosecutions and Compounding of Offences
464. | Liability of shipowners |
465. | Liability of bodies of persons |
466. | Persons who may prosecute |
467. | Prosecution of offences and penalties |
468. | Compounding of offences |
469. | Limitation of actions in civil proceedings |
Evidence and Service of Documents
470. | Deposition to be received in evidence where witness cannot be produced |
471. | Proof of attestation not required |
472. | Admissibility of documents in evidence |
473. | Notices to be in writing |
474. | Service of documents |
475. | All officers to be public officers |
476. | Protection of public officers and other persons acting under this Act |
PART 19A
SMALL COMMERCIAL VESSELS
476A. | Interpretation: Part 19A |
476B. | Application |
Inspections
476C. | Ships to be inspected within 1 year |
476D. | Dry-dock inspection |
476E. | Information to accompany application |
476F. | Responsibility of owner and master |
476G. | Suspension of Certificate of Inspection |
476H. | Prohibition on proceeding to sea |
Boatmasters and Boat Engineers
476I. | Fee for application |
476J. | Loss of licences |
476K. | Suspension of licence |
Hours of Work
476L. | Duty of owner or master |
476M. | Working hours on vessels on voyage that exceed 24 hours |
476N. | Working hours in vessel on voyage of less than 24 hours |
476O. | Contravention of sections 476M and 476N |
General
476P. | Training in emergency procedures |
476Q. | Exemptions |
476R. | Equivalent standards |
476S. | Power to detain |
476T. | Penalty |
PART 20
MISCELLANEOUS
477. | Definition of “authorised officer” |
478. | Powers of authorised officers to board ships |
479. | Power to require production of documents |
480. | Inspection of ships |
481. | Power of arrest |
482. | Returns by Surveyor of Ships |
483. | Appointment of Inspectors |
484. | Powers of Inspectors |
485. | Expenses of witnesses |
486. | Obstruction of Inspector |
487. | Powers of Director to prescribe forms |
488. | Exemption from stamp duty |
489. | Offences in respect of use of forms |
490. | Power to apply Act to ships of other countries, and to exempt such ships |
491. | General power to make Regulations |
492. | General powers of exemption |
493. | Application of international Conventions |
494. | Conventions to prevail |
495. | Contravention of international conventions |
PART 21
FINAL AND TRANSITIONAL PROVISIONS
496. | Savings |
496A. | Amendment of Schedule 2 |
497. | Regulations for resolving transitional difficulties |
Schedule 1 | |
Schedule 2 | |
AN ACT to make provision for the registration and licensing of ships, matters relating to crews, safety of life at sea and matters incidental thereto.
Commencement [19 November 1994]