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111.   Regulations regarding manning and qualifications of persons serving in Saint Lucian ships

Revised Laws of Saint Lucia (2021)

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PART 6
MANNING AND CERTIFICATION

111.   Regulations regarding manning and qualifications of persons serving in Saint Lucian ships

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    (1)   The Minister may make such regulations as he or she considers necessary or expedient to provide for the manning requirements for Saint Lucian ships, the qualifications of officers and seamen of such ships and for connected matters, and without prejudice to the generality of such powers, may make regulations—

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      (a)     determining the categories of Saint Lucian ships by reference to their gross tonnage or other appropriate measurements, the nature of their cargo and the trading areas or voyages in which they are engaged;

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      (b)     respecting the manning requirements in relation to such classes or descriptions of ships as may be prescribed, trading in such areas as may be prescribed, and in particular requiring ships to carry such number of qualified officers of any description, qualified doctors and qualified cooks and such number of other seamen or qualified seamen of any description as may be specified in the regulations;

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      (c)     prescribing conditions as to the nationality of a person for service on board any Saint Lucian ship, or any ship engaged in local trade in Saint Lucian waters;

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      (d)     requiring that in any case a ship shall be under the charge of a properly certificated master and that watches at sea and in port are always kept by appropriately qualified officers;

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      (e)     requiring officers and seamen and other persons performing prescribed functions in relation to the operation and maintenance of ships to be holders of certificates of competency, proficiency, qualification, authorisation or otherwise and to satisfy such other conditions as may be prescribed, and providing for the grant, revocation, extension, validation, suspension, endorsement or variation of such certificates;

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      (f)     prescribing standards of competency to be attained and other conditions to be satisfied, subject to any exceptions allowed by or under the regulations, by officers and other seamen of any description in order to be qualified for the purposes of this Part;

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      (g)     prescribing the manner in which the attainment of any standard or the satisfaction of any other condition is to be evidenced;

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      (h)     relating to the holding and conduct of examinations for such certificates, the qualifications of candidates for such examinations and the qualifications of the examiners and the appointment, removal, reappointment and the remuneration of such examiners, the fees for such examinations, and all such matters as the Minister thinks necessary or expedient for the purpose of such examinations;

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      (i)     providing for the exemption of persons with prescribed qualifications or experience from the whole or parts of examinations for such certificates;

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      (j)     providing for the programmes of training and the curricula of study to be followed in the training of seafarers;

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      (k)     providing for the establishment, maintenance and operation of schools for the training of persons for certification as seafarers, and designating institutions as recognised or affiliated places of training;

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      (l)     prescribing the manner in which inquiries may be instituted before a Board of Inquiry appointed under section 114, the procedure to be followed in the conduct of such proceedings and matters incidental to or consequential on such proceedings;

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      (m)     prescribing the rights and obligations of holders of certificates of competency, proficiency or qualification, and licences, and the offences for which such certificates and licences may be suspended or cancelled;

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      (n)     prescribing any other matter which may be, or is required by this Act to be prescribed.

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    (2)   In making Regulations under subsection (1) the Minister shall have due regard to the International Labour Organization Conventions concerning the certification and medical fitness of seafarers and the International Maritime Organization Convention on the Standards of Training, Certification and Watchkeeping for seafarers.

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    (3)   Regulations made under subsection (1) may, in respect of the breach of any provisions thereof, provide for penalties which shall not exceed a fine of $10,000 or imprisonment for a term not exceeding 12 months or both such fine and imprisonment.

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