(1) In considering whether to cause a safety investigation into an accident under section 437(2) of the Act, the Director may consider the advice of the Chief Inspector.
(2) Where a report of an accident under section 252 of the Act or a notice of an accident under section 299 of the Act is received by the Minister, he or she shall —
(a) decide whether a safety investigation, including a preliminary inquiry must be carried out; and
(b) give written notice of his or her decision, within 28 days of receipt of the report, to the Director and any party to the accident.
(3) Before causing a preliminary inquiry or safety investigation of an accident to be undertaken, the Director may request information that he or she considers necessary concerning the accident and the remedial action that was taken as a result.
(4) An owner or a master of a ship or any other person, who is in possession of information that the Director requests under subregulation (3), shall provide the information to the Director to the best of his or her ability and knowledge.
(5) An owner or a master of a ship or any other person who contravenes subregulation (4), commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years.
(6) In the case of an accident resulting in the loss of life or serious injury of a person on board a ship, or a person is lost or falls overboard from the ship or the boat of the ship, the Director may decide not to cause or discontinue a safety investigation of the accident if he or she is satisfied or it is otherwise established to his or her satisfaction that —
(a) loss of life resulted from suicide or a natural cause; or
(b) serious injury resulted from an attempt to commit suicide.
(7) Where any other maritime incident occurs and a very serious marine casualty occurs, the Director shall ensure that a safety investigation is carried out if a very serious marine casualty —
(a) involves a Saint Lucian ship, irrespective of the location of the casualty;
(b) occurs within Saint Lucian waters, irrespective of the flag of the ship involved in the casualty; or
(c) involves a substantial interest of Saint Lucia, irrespective of the location of the casualty and of the flag of the ship involved.
(8) The Director shall, in the case of a serious casualty, carry out a preliminary inquiry in order to determine whether a safety investigation must be undertaken and where the Director decides not to undertake a safety investigation, the Director shall record the reasons for his or her decision.
(9) In the case of any other marine casualty or marine incident the Director shall determine whether a safety investigation must be undertaken.
(10) In considering whether to investigate a matter under subregulations (8) and (9), the Director shall take into account —
(a) the seriousness of the marine casualty or marine incident;
(b) the type of vessel or cargo involved; and
(c) the potential for the findings of the safety investigation to lead to the prevention of any future marine casualty and marine incident.
(11) The Director shall ensure that a safety investigation under this regulation commences as promptly as practicable after the marine casualty or marine incident occurs and in any event no later than two months after the occurrence of a marine casualty or marine incident.