Antigua and Barbuda Merchant Shipping (Amendment) Act 1997

Link to law: http://laws.gov.ag/acts/1997/a1997-7.pdf

Barbuda Merchant
Shipping (Amendment) Act 1997.

1 ANTIGUA
AND

BARBUDA

[ L.S. ]

I Assent,

Joseph Myers,
Governor-Geraeral's Deputy.

11 th March, 1997.

ANTIGUA AND BARBUDA

1997, No. 7

AN ACT to mend the Antigua and Barbuda Merchant Shipping
Act.

[ 3rd July, 1997 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be citedas the Antiguaand Barbuda Merchant
Shipping (Amendment) Act 1997.

2. Section 5 of the Antigua and Barbuda Merchant Shipping Short title
Act (hereinafter called the principal Act) is amended by inserting
the following definitions in their alphabetical order -

"bareboat chartered" means a ship leased without master Amendment of
and crew for a certain period of time; section 5 of Cap.

28.

"certificate of competency" means a certificate issued to a
person under Part IV that shows his competency as a
seafarer and includes a licence issued under section 63;

"nearcoastal trade*' means the carriage by sea of passengers
or goods from any port or place in Antigua and Barbuda to
any other port or place in Antigua and Barbuda;

ANTIGUA 2 Antigua and Barbuda Merchant
AND Shipping (Amendment) Act 1997.

BARBUDA

No. 7 of 1997.

"near coastal trade ship" means any ship engaged in the
near coastal trade;

"coastal service" means a trade along a coast provided the
distance to nearest port and offshore distance are not
exceeding 50 nautical miles;

"restricted international service" means a trade along a
coast not exceeding 200 nautical miles;

"international voyage" means a voyage from a port in one
country to a port in another country;

"seafarer" means the master, officer and any other category
of crew:

"seaman" means every person serving or engaged to serve
on board of a ship other than the master, a pilot, an officer,
a mate, an engineer or a person temporarily serving in the
ship while she is in port;

"officer" means a person who belongs to the ship's
command at the management or operational level; or is a
member of its administration at a similar level.

"STCW" or "STCW 78" means the International
Convention on Standards of Training, Watchkeeping and
Certification 1978)";

"SOLAS" means the International Convention for the
Safety of Life at Sea;

"IMO" means the International Maritime Organisation.

Repeal and 3. Section 8 of the principal Act is repealed and the following
replacement is substituted -
of section 8 of
pincipal Act.

No. 7 of 1997. Antigua and Barbuda Merchant 3 ANTIGUA
Shipping (Amendment) Act 1997. AND

BARBUDA

"8. (1)The Minister may appoint Registrars of Antigua
and Barbuda ships who shall perform such functions
connected with the registration of ships as may be
specified by this Act. In performance of their functions
the Registrars shall act under the direction of the Director
of Marine Services who shall be theRegistrar General of
Antiguan and Barbudan ships.

(2) Individuals designated by the Minister as
Registrars may register Antigua and Barbudan ships in
Antigua andBarbudaand in countries other than Antigua
and Barbuda, and registers must contain the particulars
that are required to be entered in aregister by this Act in
respect of all vessels registered by them".

4. Section 10 of the principal Act is repealed and the Repeal and
following is substituted - Replacement of

section 10 of the
principal Act.

"10. (1) Every Antiguan and Barbudan ship, including
Government owned ships, employed in commercial
service, unless it is a ship which does not exceed 24
metres overall length, shall be registered under this Act.

(2) A foreign-going-ship may, regardless of the
nationality of the owners, be approved forregistration by
the registrar

(3) A ship registered under the law of a foreign
country shall on application be registered for the period
of the bareboat charter of an Antiguan and Barbudan ship
under Part III and the registrar shall notify the authorities
of that foreign country of such registration as a Antiguan
and Barbudan ship".

5. Section 12 of the principal Act is repealed and the Repeal and
following is substituted - replacement of section 12 of .

principal Act.

"Office of 12. (1) The office of the Registrar General
Registrar General. shall be situated in St. John's.

ANTIGUA
AND

BARBUDA

Repeal and
Replacement of
section 20 of
principal Act.

Repeal and
replacement of
section 62 of
principal Act.

4 Antigua and Barbuda Merchant No. 7 of 1997.
Shipping (Amendment) Act 1997. I

(2) The Registrar General shall designate a
central registry office where details of all
Antigua and Barbudan ships registered must
be kept".

6. Section 20 of the principal Act is repealed and the following
is substituted -

"20 (1) The owner of avessel applying for registry under
this Act shall cause such ship to be surveyedby the flag state
in order to ascertain compliance with all relevan
International Maritime Organisation Conventions. I

(2) The owner of every Antigua and Barbuda ship shaU
cause such ship to be surveyed annually by the flag state to
asceaaincompliance with all relevant International Maritime
Organisation Conventions."

7. Section 62 of the principal Act is repealedand the following
is substituted -

"Complement of 62. (1) Every foreign going ship, eve
certificated home of trade ship and every ship in ne
officers. r3 coastal trade, other than fishing vessels an

pleasure yachts not engaged in trade, whe 4
proceeding to sea, shall be provided wid
officers duly certificated under this Act
according to the safe manning requirements
set out by the Department of Marine Services.

(2) The Department of Marine Services
shall issue minimum manning requiremen
for seafarersin which shallbe stated thenum
and grades of the personnel required to
the safe operation of an individual ship, takin
into account -

(a) SOLAS 1974 and subsequent
amendments;

(b) STCW 1978 and subsequent
amendments;

No. 7 of 1997. Antigua and Barbuda Merchant 5 ANTIGUA
Shipping (Amendment) Act 1997. AND

BARBUDA

(c) IMO safe manning guidelines,

(3) Vessels which operate generally in the
near coastal trade and in the home trade area
shallbe provided with officers accordin&to the
following scale:

(a) in every case a duly certificated
master;

(b) if the ship is of 3000 GT and over,
a master and one chief officer;

(c) if the ship is 500 GT or more but
less than 3000GT, a master and a
deck officer;

(d) if the ship is of less than 500GT, a
master and one mate;

(e) if the ship is powered by main
propulsion machinery of 3000 kw
or more, a chief engineer and one
engineer officer;

V ) if the ship is powered by main
propulsion machinery of under
3,000 kw to 750 kw, a Chief
Engineer;

g ) if the ship is powered by main
propulsion machinery of less than
750 kw, one engineer officer;

) a radio officer must be provided in
accordance with SOLAS 1974.

ANTIGUA 6 Antigua and Barbuda Merchant No. 7 of 1997.
AND Shipping (Amendment) Act 1997.

BARBUDA

(4) Ships which operate generally in the
foreign trade shall be provided with officers
according to the following scale:

(a) in every case a duly certificated
master;

( b if the ship is of 3000 GT and over,
a master, one chief mate and a
deck officer, depending on the
technical characteristics of the
vessel;

(c) if the ship is 500 GT or more but
less than and 3000GT, a master
and a chief mate;

(d) if the ship is of less than 500 GT,
a master and one deck officer;

(e) if the ship is powered by main
propulsion machinery of 3000 kw
or more, a chief engineer and one
engineer officer;

fl if the ship is powered by main
propulsion machinery of less than
3000 kw and more than 750 kw, a
chief engineer;

(g) if the ship is powered by main
propulsion machinery of 750 kw
or less, one engineer officer;

(h) a radio officer must be provided in
accordance with SOLAS 1974;

(5) The Minister may make regulations for
canying out the purposes of this section having
regard to the STCW 78 Conventions, and
subsequent amendments, andin particular such

No. 7 of 1997. Antigua and Barbuda Merchant 7 ANTIGUA
Shipping (Amendment) Act 1997. AND

BARBUDA

regulations may provide for the following
matters:

(a) requiring ships to which this
section applies to carry such
number of qualified officers of
any description, seafarers
designated to provide medical first
aid, and such number of seafarer
of any description as may be
specified in the regulations;

(b) standards of competence to be
attainedinaccwdance with STCW
78 and subsequent amendments
by officers and other seafarers of
any description in order to be
qualified for the purpose of this
section;

(c) standards of competence to be
atfained in amdance with STCW
78 and subsequent amendments
by manning personnel in respect
of ships and vessels not included
in subsection 0 )and (2).

(6) Regulations made under this section
may establish different provisions for each
description of *ps or for ships of the same
description in different ciacumstances".

8. Section 64 of the principal Act is repealedand the following . Repeal and
is substituted - replacement of

section 64 of
principal Act.

'Uncertified and 64. (1) Any person who having been engaged
unauthotized in any of the capacities in ships prescribed
&1cas. under this part, goes to sea in that capacity

without being entitled to, and without being in
possession of the required certificate, a valid
dispensation or having a documentary proof

ANTIGUA 8 Antigua and Barbuda Merchant No. 7 of 1997.
AND Shipping (Amendment) A d 1997.

BARBUDA

required in accordance to the STCW 78
Convention, and any company or master who
employs any person in a capacity in such ship
without ascertaining that he is entitled to, or
possessed of such certificate of competency,
commits an offence under this Act.

(2) An offence under this section implies a
degree of incompetency and lack of ability or
capacity to fulfil the duties with accuracy,
which is required from companies, masters
and a holders of certificates of competency;
and a finding that an officer was incompetent
may justify a court of formal investigation
ordering the suspension or cancellalion of a
certificate of the officer".

Repeal and 9. Section 65 of the principal Act is repealed and the
replacementof followingsubstituted-
section 65 of
principal Act.

" F O ~ U of 65. Every certificate of competency and
Certificates. granted under this Act shall be in the prescribed

form according to the STCW 78 Convention,
and shallbe made in duplicate. One copy shall
be delivered to the person entitled to thc
certificate or endorsement and the other shall
be kept and recorded with the administration".

Repeal and 10. Section 69 of the principal Act is repealed and the
replacement of
section 69 of

following is substituted -

principal Act.
"Production of 69. (1) The master of a foreign going ship,
Certificates and of a home trade ship or of a near coastal trade
Endorsements.

ship, shall, on signing the agreement with the
crew, produce to any registrar or officer before
whom it is signed, the certificates of
competency or endorsement evidencing an
appropriate qualification of a person which is
serving or engaged to serve in any of this ships
as a master, mate, engineer or other officer.

No. 7 of 1997. Antigua and Barbuda Merchant 9 ANTIGUA
Shipping (Amendment) Act 1997. AND

BARBUDA

(2) If the registrar or administration offiter
is satisfied that the certificates or endorsements
are such as the master, mate, engineers and
other officers are required to hold under this
Act, he shall give themaster acertificate tothe
effect that the proper certificates of
competency and endorsements have been so
produced.

(3) No authority shall grant clearance to
any such shipoutwards withoutthe production
of such'certificates or endorsements; and if
any ship attempts to go to sea without clearance,
the authority may detain the ship until the
certificate or endorsement or the appropriate
application is produced".

11. Section 71 of the principal Act is repealed and the Repalmd
following is substituted - replacement of

section 71 of
"Recognition of 71. (1) If a seafarer intends to act on principal Act.
Certificates or
Endorsements board of an Antigua and Barbuda ship and
issued abroad. holds acertificate of competency or service, or

an endorsement issued in any other country
and if the administration is satisfied that the
conditions under which any such certificate or
endorsement aregrantedin thatcountry, require
standards of competency or service not lower
than those required under this Act and which
are in accordance with the standards provided
by the International Convention on STCW 78
for the grant of corresponding certificates or
e~mdorsements, the administration may by
notification declare that any certificate of
competency or service and endorsement issued
in that country shall, for the purposes of this
Act, be recognized as equivalent to the
corresponding certificate of competency or
service or endorsement granted under this Act.

(2) Acertificateissued under subsection (1)
is valid for aperiod of up to five years from the
date of issue and maybe renewed on application
in accordance with the provisions of subsection
(1 )".

ANTIGUA 10 Antigua and Barbuda Merchant No. 7 of 1997.
AND Shipping (Amendment) Act 1997.

BARBUDA

Repeal and 12. Section 72 of the principal Act is repealed and the
replacement of following is substituted -
section 72 of
principal Act.

"Regulations 72. The Minister may make regulations
pertaining to
examinations for

having regard in particular to the STCW 78
of Convention providing for the assessment or

competency. examination for certificates of competency
and providing for the following matters -

(a) the appropriate level for which
certificates of competency may be
granted,

(b) the qualification required of
persons desirous of obtaining
competency for the different
grades;

(c) appointment of persons for the
purpose of conducting in-service
assessment or examination of
competence of a seafarer with the
following qualifications -

appropriate level of knowledge,

qualified in the task for which the
assessment or examination is being
made,

have received appropriate
guidance in assessment or
examination methods and practice,

in case of using a simulator
appropriate experience on the type
of simulator.

(d) appointment of examiners and
determining the date and place of
assessment or examination and
other matters connected with the

No. 7 of 1997. Antigua and Barbuda Merchant 11 ANTIGUA
Shipping (Amendment) Act 1997. AND

BARBUDA

conduct of assessment or
examination of competency;

(e) provide for the delivery of
certificates to successful
candidates by duly authorized
persons;

If) re-assessment or examination of
candidates according to the
standards provided by the STCW
78 convention where the Minister
has reason to believe that the report
of the examiner or assessor has
been duly made;

(g) the fees to be paid by candidates
appearing for examination or
assessment".

13. Section 73 of the principal Act is repealed and the Repeal and
following is substituted - replacement of

section 73 of
principal Act.

"Training of 73. (1) The Minister may by notification in
merchant the Gazette constitute an advisory board called
personnel. the Merchant Navy Training Board for the

purpose of advising him on the measures to be
taken for the training of merchant navy
personnel in accordance with the provisions
of the STCW 78 Convention and in particular:

(a ) the establishment of training
institutions in Antigua and
Barbuda,

(b ) training of personnel in training
institutions in foreign countries;

(c) training personnel on board
Antiguan and Barbudan ships;

ANTIGUA 12 Antigua and Barbuda Merchant No. 7 of 1997.
AND Shipping (Amendment) Act 1997.

BARBUDA

(d) training personnel on board
foreign ships.

(2) The Minister may take such measures
as may be necessary to ensure that:

(a) the training of merchant navy
personnel complies with the
requirements under STCW 78
Convention and is administered,
supervised and monitored
according to the STCW 78 Code;

(b) that those responsible for the
training of seafarers are
appropriately qualified in
accordance with the requirements
of the STCW 78 Code for the type
and level of training involved

(c) the minimum training standards
according to the STCW 78 Code;

(d) tlie watchkeeping Standards and
pmedures according to the STCW
78 Code".

Repeal and 14. Section 74 of the principal Act is repealed and the
following is substituted -

section 74 of
principal Act.

"Manning scale 74. The Minister may makenales prescribing
the minimum manning scale of seafarers
indicating the numbers and grades of the
personnel required to ensure the safe operation
of an individual ship, taking the following into
account -

(a) trading area, voyage length and
nature:

No. 7 of 1997. Antigua and Barbuda Merchant 13 ANTIGUA
Shipping (Amendment) Act 1997. AND

BARBUDA

(b) main propulsion (kw) and
auxiliaries;

(c) tonnage of the ship (according to
London convention 69);

(d) technical characteristics of the
ship;

(e) to meet peak workload situations;

(f) bridge watchkeeping require-
ments;

(g) mooring and unmooring;

(h) to &ploy crew for watertight
integrity;

(i) capability to operate all fire
equipment and life saving
appliances on board of a ship;

( j ) engineering watchkeeping".

15. Section 75 of the principal Act is repealed and the Repealand
following is substituted - replacement of

section 75 of
principal Act.

"Physical fitness 75. (1) No seafarer may be engaged or
and Medical
Standards.

carried to sea to work in any capacity in any
ship unless he possesses the appropriate
qualification and standard of physical fitness.

(2) Physical fitness in accordance with
medical standards ate required for seafarers as
a prerequisite for holding a'certificate of
competency with particular regard to eyesight

ANTIGUA 14 Antigua and Barbuda Merchant No. 7 of 1997.
AND Shipping (Amendment) Act 1997.

BARBUDA

and hearing and with the following
requirements in detail:

(a) candidates for certification have
to provide proof of their identity;

(b) candidate's age not less than that
prescribed in the regulations
relevant to the certificate applied
for;

(c) candidate has completed the
seagoing service and compulsory
training required for the ceacate
applied for;

(d) candidates have to meet the
standards of competency
prescribed for their capacities,
functions and levels.

(3) On completion of this physical
examination a =port will be issued on behalf
of the Government of Antigua and Barbuda
which complies with the requirements of the
Medical Examination Convention 1946 (LO
No. 73) and the STCW 78 Convention.

(4) The physical examination report may be
cancelled or suspended if an authorized and
approved medical practitioner has reasonable
grounds for believing that there has been a
significant change in the physical fitness of a
seafarer or his condition w* not such as to be
considered fit for the purpose of the certificate
at the time the certificate was issued.

(5) The physical examination report shall
remain in force for a period not exceeding two
years from the date on which it was established.

No. 7 of 1997. Antigua and Barbuda Merchant 15 ANTIGUA
Shipping (Amendment) Act 1997. AND '

BARBUDA

In so far as a physical examination report
relates to colour vision it shall remain in force
for a period not exceeding six years from the
date on which it was gmtd" .

16. Section 76 of the principal Act is amended by deleting the Amendment of
word "seamen" wherever it occurs and substituting the word section76 of
"seafmn". pirrcipal Act.

17. Section 89 of the principal Act is amended - Amendment of
section 89 of
principal Act.

(i) by inserting before paragraph (a) the following -

"(aa) Education, training, sea service and matters
connected therewith based on the STCW 78
Convention";

(ii) in paragraph a, by deleting the words "statute of
officers and seamen" substituting the words "status
of seafaren" with reference to the STCW 1978
Convention;

(iii) by deleting the word "seamen" wherever they occur
in the section and substituting the word "seafarers".

18. Section 257 of the principal Act is amended by adding the Amendment of
following subsection - section 257 of

principal Act.

"(2) The following IMO conventions apply for the
purpose of investigating casualties involving Antigua and
Barbuda ships:

(a) International Convention for the Prevention of
Pollution fm Ships 1973, as amendedby theprotocol
of 1978 (MARPOL).

(b) International Convention for the Safety of life at sea
(SOLAS).

ANTIGUA 16 Antigua and Barbuda Merchant No. 7 of 1997.
AND Shipping (Amendment) Act 1997.

BARBUDA

(c) International Convention on Load Lines 1966.

(d) Torremolinos Internationa1,Convention for the Safety
of Fishing vessels 1977 as amended by the protocol
of 1993.

(e) International Convention on Standards of Training,
Watchkeeping and Certification 1978 (STCW 78)".

Repeal and 19. Section 258 of the principal Act is repealed and the
replacement of following is substituted
section 258 of
principal Act.

"PreIiminary 258. (1) The Minister may appoint officers
inquiry. or recognized agencies for the purpose of

holding preliminary inquiries into shipping
casualties.

(2) Notice of a shipping casualty may be
given to an officer or to a reco

gn

ized agency
appointed under subsection (1) by the master,
pilot, harbour master in charge of a ship
concerned or any other foreign international
authorities having knowledge of a shipping
casualty.

(3) On receipt of a notice of shipping casualty, the officer or
the recognized agency appointed under subsection (1) shall
immediately report the same to the Director of Marine Services
through the appropriate office and, on order by the Minister or the
office authorized by the Minister, may ~ t o m a k e p r e h m m r y
inquiry into the casualty; and after the preliminary inquiry is
completed, areport thereof shall be sent to the Director of Marine
Services via the appropriate office".

General
amendment.

20. The principal Act is amended by deleting the word
"Registrar" wherever it occurs in the Act and substituting the
word "Registrar General".

No. 7 of 1997. Antigua and Barbuda Merchant 17 ANTIGUA
Shipping (Amendment) Act 1997. AND

BARBUDA

Passed the House of Representatives Passed the Senate this 5th day
this 26th day of February, 1997. of March, 1997.

B. Harris,
Speaker.

S. Walker,
Clerk to the House of Representatives.

M. Percival,
President.

S. Walker,
Clerk to the Senate.

Printed at the Government Prifiting Office, Antigua and Barbuda,
by Rupert Charity, Government Printer

-By Authotity, 1997.
800 - 6.97 [ Price $6.45 1
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