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SHIPPING ACT
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PART 1
2023 Laws not yet authenticated through a Commencement Order
Revised Laws of Saint Lucia (2023)
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PART 1
Column 1
Column 2
Shipping Act, 1916
The entire Act
Wrecks Act, 1916
The entire Act
Law of Merchant Shipping Act, 1981
The entire Act
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PART 1
1. Short Title
2. Interpretation
2A. Force of law
3. Application to Government ships
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
11. Trade in Saint Lucian waters
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
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
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
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
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
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
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
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
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
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
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
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
164. Property of deceased seaman
165. Delivery of deceased seaman's property
166. Forgery of documents
167. Occupational Safety Regulations
168. Provisions and water
169. Complaints as to provisions and water
170. Allowance for short or bad provisions
171. Weights and measures
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
180. Assignment and sale of salvage
181. Seaman's debts
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
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
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
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
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
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
335. Bulk Cargo Regulations
336. Precautions regarding grain cargoes
337. Offences
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
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
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
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
412. Power of the Minister to make Regulations respecting passenger ships
413. Offences in connection with passenger ships
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
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
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
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
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
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
476A. Interpretation: Part 19A
476B. APPLICATION
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
476I. Fee for application
476J. Loss of licences
476K. Suspension of licence
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
476P. Training in emergency procedures
476Q. Exemptions
476R. Equivalent standards
476S. Power to detain
476T. Penalty
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
496. Savings
496A. Amendment of Schedule 2
497. Regulations for resolving transitional difficulties
Schedule 1
Schedule 2
ACT
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
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
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
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
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
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
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
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
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
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
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
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
140. Time and manner of payment of wages
141. Master to deliver account of wages
142. Deductions from wages
143. Settlement of wages
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
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
164. Property of deceased seaman
166. Forgery of documents
167. Occupational Safety Regulations
168. Provisions and water
169. Complaints as to provisions and water
170. Allowance for short or bad provisions
171. Weights and measures
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
179. Facilities for making complaints
180. Assignment and sale of salvage
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
198. Repatriation of seamen
199. Seaman to bear expense of repatriation in certain cases
200. Duty of Registrar of Seaman where seaman left behind
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
476I. Fee for application
476J. Loss of licences
476K. Suspension of licence
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
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
PART 2 UNITED KINGDOM LEGISLATION
Schedule 2
CHAPTER I GENERAL PROVISIONS
Part A Application and Interpretation
Part B Inspections
Part C Certification
Part D Passenger and crew capacity
Part E Passenger Ships on International Voyages
CHAPTER II CONSTRUCTION
Part A General Provisions
Part B Watertight And Weathertight Openings
Part C Accommodation
Part D Working Decks
CHAPTER III FREEBOARD, STABILITY AND WATERTIGHT INTEGRITY
Part A Freeboard
Part C Watertight Integrity
Part D Subdivision
CHAPTER IV MACHINERY
Part B Steering And Propeller Systems
Part C Bilge Systems
Part D Electrical Arrangements
CHAPTER V FIRE PROTECTION
Part B Fire Extinguishing and Detecting Equipment
CHAPTER VI LIFESAVING EQUIPMENT
CHAPTER VII MISCELLANEOUS SYSTEMS AND EQUIPMENT
CHAPTER VIII OPERATIONAL REQUIREMENTS
Part A Operational Requirements
Part B Preparations For Emergencies
CHAPTER IX LICENCING OF BOATMASTERS AND ENGINEERS, MANNING AND HOURS OF WORK
Part A Licences
Part B Hours Of Work
Part C Manning
SUBSIDIARY LEGISLATION
Forms and Fees Under the Merchant Shipping Acts of the United Kingdom – Section 491 (Gazettes 20-11-1896, 30-5-1908 and 11-5-1912)
Shipping (Ship and Port Facility Security) Regulations (Statutory Instrument 46/2004)
PART 1 PRELIMINARY
1. Citation
Schedule
Shipping (Fees) Regulations (S.I. 16/2010)
1. Citation
2. Registration fees
Schedule
Shipping (Safety of Pleasure Vessels) Regulations (S.I. 17/2010)
1. Citation
2. Interpretation
3. Application
4. Prohibition on proceeding on any voyage
5. Equivalent provisions
6. Penalties
7. Detention
Schedule
PART A CHECK LIST OF REQUIREMENTS FOR THE SAFETY OF PLEASURE VESSELS
PART B GUIDANCE FOR SURVEYORS, INSPECTORS, OWNERS OF PLEASURE BOATS AND FISHERMEN
PART C FIRST AID KITS
Shipping (Registration and Proprietary Interests in Ships) Regulations (S.I. 18/2010)
1. Citation
Schedule
Shipping (Distress Signals and Prevention of Collisions) Regulations (S.I. 19/2010)
1. Citation
2. Interpretation
3. Application
4. Signals of distress
5. Prevention of collision
6. Exemptions
7. Offences
8. Detention
Schedule
PART A GENERAL
PART B STEERING AND SAILING RULES
PART C LIGHTS AND SHAPES
PART D SOUND AND LIGHT SIGNALS
PART E EXEMPTIONS
Shipping (Tonnage) Regulations – Section 30 (Statutory Instrument 9/2016)
PRELIMINARY
1. Citation
Schedule 1
Schedule 2
Shipping (Inquiry and Formal Investigation) Regulations – Sections 111(1)(l) and 491 (Statutory Instrument 69/2016)
PRELIMINARY
1. Citation
Schedule
Shipping (Medical Fitness) Regulations – Section 172 (Statutory Instrument 70/2016)
1. Citation
2. Interpretation
3. Application
4. Recognition of duly qualified medical practitioners
5. Requirement for medical fitness certificate
6. Medical examination
7. Conduct of medical examination
8. Assessment of fitness
9. Issuance of medical fitness certificate
10. Recognition of medical fitness certificate issued abroad
11. Period of validity
12. Suspension or cancellation of medical fitness certificate
13. Review
14. Inspection, production of documents and detention
15. Other offences
16. Transitional
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Shipping (Load Lines) Regulations – Section 309 (Statutory Instrument 97/2019)
PRELIMINARY
1. Citation
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Shipping (Manning and Certification) Regulations – Section 111 (Statutory Instrument 93/2020)
PRELIMINARY
1. Citation
Schedule 1
PART 1
CRISIS MANAGEMENT AND HUMAN BEHAVIOUR
Schedule 2
Schedule 3
Shipping (Accident Reporting and Investigation) Regulations – Section 491 (Statutory Instrument 160/2021)
1. Citation
2. Interpretation
3. Application
4. Material damage
5. Contents of report
6. Report by senior surviving officer
7. Submission of report or notice to the Minister
8. Report on examination of circumstances
9. Factors causing a safety investigation
10. Preservation of evidence
11. Conduct of inspection by inspector
12. Preliminary inquiry
13. Safety investigation
14. Cooperation with substantially interested country
15. Disclosure of records
16. Publication of preliminary inquiry report
17. Publication of safety investigation report
18. Other duties of the Chief Inspector
19. Safety recommendations
20. Fair treatment
Schedule 1
Schedule 2