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19A.   Dispensations

Revised Laws of Saint Lucia (2021)

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19A.   Dispensations

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    (1)   The Minister may grant to the owner of a ship of twenty-four metres or more in length registered under section 12 a dispensation under subsection (2) where he or she is satisfied —

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      (a)     that the ship is subject to a demise charter pursuant to which the registered owner of the ship is not responsible for the management, operation or control of the ship for the period of the charter;

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      (b)     that a registered mortgagee of the ship has consented to the dispensation being granted;

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      (c)     that, in addition to the registration of the ship in Saint Lucia, the ship is intended to be registered under the law of a country outside Saint Lucia; and

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      (d)     that, upon registration under the law of a country outside Saint Lucia, the ship will become subject to laws which implement and apply to the ship such provisions of the Collisions Convention, the relevant International Labour Conventions, the Load Line Convention, the Marine Pollution Convention, the Safety Convention and the Convention on the Standards of Training, Certification and Watch keeping for seafarers to the same extent as they apply in respect of the ship under its registration in Saint Lucia.

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    (2)   Where the Minister has granted to the owner of a ship a dispensation under subsection (1), with effect from the date upon which the conditions set out in subsection (3) have been complied with, sections 102 and 103 do not apply to the ship.

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    (3)   The conditions referred to in subsection (2) are that —

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      (a)     the owner has delivered to the Registrar of Ships —

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        (i)     a certified copy of the demise charter referred to in subsection (1)(a),

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        (ii)     in exchange for a receipt, the certificate of registry granted under section 37,

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        (iii)     any certificate issued in respect of the ship under this Act;

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      (b)     the owner, or in the case of a body corporate the person authorized by this Act to make declarations on behalf of the body corporate, has delivered to the Registrar of Ships a declaration referring to the ship and containing a statement that the ship is lawfully registered in a named country in respect of the enforcement of such provisions of the conventions referred to in subsection (1)(d) as apply in respect of the ship under its registration in Saint Lucia; and

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      (c)     the Registrar of Ships has received confirmation from the administration of the country outside Saint Lucia in which the ship is registered that the ship is so registered and is subject to the jurisdiction of that country.

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    (4)   The port of registry in Saint Lucia shall no longer be the port of registry for a ship in respect of which a dispensation has been granted under this section, and the marking of the name of such port on its stern as provided for in section 20 shall be removed.

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    (Inserted by Act 14 of 2016)

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