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346.   Detention of unseaworthy ship

Revised Laws of Saint Lucia (2021)

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346.   Detention of unseaworthy ship

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    (1)   Where, whether on a complaint or representation made to him or her or otherwise, the Director or a Surveyor of Ships has reason to believe that any Saint Lucian ship, or any foreign ship at a port in Saint Lucia is an unseaworthy ship, the Director or a Surveyor of Ships shall, if the complaint or representation is made in sufficient time before the sailing of the ship, ascertain by inspection or survey as necessary, whether or not the ship ought to be detained.

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    (2)   For the purposes of determining whether or not a ship referred to in subsection (1) is an unseaworthy ship and ought to be detained, and if so, the conditions under which the detention should be made, the ship may be provisionally detained to permit an initial inspection or survey to be carried out by a Surveyor of Ships or other maritime officer.

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    (3)   Where the Director is satisfied that the ship is an unseaworthy ship, he or she may—

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      (a)     in the case of any ship, cause the ship to be detained; and

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      (b)     in the case of a Saint Lucian ship, cause the safety certificate or certificate of registry of the ship to be suspended, until he or she is satisfied that the ship is fit to proceed to sea.

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    (4)   Where the ship is detained under subsection (3), the Director may adopt any measures or means he or she thinks suitable or necessary to prevent the ship from sailing while it is an unseaworthy ship.

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    (5)   Where any ship is detained or provisionally detained under this section, a written statement of the grounds on which the ship is detained or provisionally detained shall be served on the master of the ship.

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    (6)   Where a foreign ship has been detained or provisionally detained under this section, a consular officer for the state to which the ship belongs shall be informed.

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    (7)   Where a ship has been detained under this section, the ship may be inspected or surveyed by a Surveyor of Ships or other maritime officer to investigate any defects or deficiencies believed to exist or to establish if previously notified that defects and deficiencies have been adequately rectified.

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    (8)   Where any ship is detained or provisionally detained under this section, the owner or master of a ship or a consular officer referred to in subsection (4) may require that a person of his or her choice accompany any person making an inspection or survey under this section.

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    (9)   A Surveyor of Ships or any other maritime officer acting under this section, shall as soon as practicable after action is completed in connection therewith, forward a full report thereof to the Director together with copies of any reports made upon inspection or survey.

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    (10)   Any complaint in respect of the seaworthiness of a ship shall be in writing, stating the name and address of the complainant, and a copy of the complaint, including the name and address of the complainant, shall be given to the owner or master of the ship if action is taken under this section.

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