Merchant Shipping Act 2006

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1The Antigua and Barbuda Merchant

Shipping Act, 2006.

ANTIGUA

AND

BARBUDA

No. 1 of 2006

ANTIGUA AND BARBUDA

No. 1 of 2006

AN ACT to consolidate and modernise the Antigua and Barbuda

Merchant Shipping Act Cap. 28; to provide for the better

implementation of international maritime conventions and

agreements to which Antigua and Barbuda is a party; and

matters connected with and incidental to the foregoing.

[ Published in the Official Gazette Vol. XXVI

No.19 dated 6th April, 2006 ]

ENACTED by the Parliament of Antigua and Barbuda as

follows—

PART I

PRELIMINARY

1. This Act may be cited as the Antigua and Barbuda

Merchant Shipping Act, 2006.

2. In this Act, unless the context requires otherwise;

“Administration” means maritime administration of the

state whose flag the ship flies; and in relation to Antigua

and Barbuda includes ADOMS and the Director;

“ADOMS” means the Antigua and Barbuda Department

of Marine Services and Merchant Shipping;

Short title.

Interpretation.

[ L.S. ]

I Assent,

James B. Carlisle,

Governor-General.

29th March, 2006.

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“Antigua and Barbuda ship” means a ship which is

registered or licensed under this Act;

“Antigua and Barbuda waters” means the internal waters

and the territorial sea of Antigua and Barbuda;

“appropriate certificate” for the purposes of Part IV means

a certificate issued and endorsed in accordance with the

provisions of the STCW Convention and entitling the

lawful holder thereof to serve in the capacity and perform

the functions involved at the level of responsibility

specified therein on a ship of the type, tonnage, power

and means of propulsion concerned while engaged on the

particular voyage concerned;

“assistant engineer officer” means a person under training

to become an engineer officer and designated as such by

national law or regulations;

“bareboat chartered” means a ship leased without master

and crew for a certain period of time;

“bulk carrier” means a ship which is constructed generally

with single deck, top side tanks and hopper side tanks in

cargo spaces, and is intended primarily to carry dry cargo in

bulk, and such types as ore carriers and combination carriers;

“cargo ship” means a ship which is not a passenger ship,

a fishing vessel or a pleasure yacht;

“certificated” for the purposes of Part IV means properly

holding a certificate;

“certificate of competency” means a valid document,

issued by or under the authority of an Administration and

recognised by ADOMS, authorising the holder to serve

as stated in the certificate of competency or as authorised

by national regulations;

“chemical tanker” means a ship constructed or adapted

and used for the carriage in bulk of any liquid product

listed in Chapter 17 of the IBC Code;

“chief engineer officer” means the senior engineer officer

responsible for the mechanical propulsion and the

3The Antigua and Barbuda Merchant

Shipping Act, 2006.

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operation and maintenance of the mechanical and electrical

installations of the ship;

“chief mate” means the officer next in rank to the master

and upon whom the command of the ship will fall in the

event of the incapacity of the master;

“Collision Regulations Convention” means the

Convention on the International Regulations for

Prevention of Collisions at Sea, 1972, as amended from

time to time;

“company” means the owner of the ship or any other

organisation or person such as the manager or the bareboat

charterer who has assumed the responsibility for operation

of the ship from the shipowner and who, on assuming

such responsibility, has agreed to take over all the duties

and responsibilities imposed on the company by these

regulations;

“crew” in relation to a ship includes seafarers and

apprentices;

“deck officer” means an officer qualified in accordance

with the provisions of Chapter II of the STCW Convention;

“directive” means a directive issued under section 7;

“Director” means the Director of ADOMS appointed under

section 6;

“endorsement” means endorsement of a certificate of

competency pursuant to section 72(2);

“engineer officer” means an officer qualified in accordance

with the provisions of Chapter III of the STCW Convention;

“engineer officer in charge of a watch” means any person

who is in charge of a ship’s main propulsion system and

its associated equipment, maintaining direct control over

the performance of all functions within the designated

area of responsibility and under the direction of an

individual serving in the management level for that area of

responsibility;

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“fishing vessel” means a ship used for catching fish,

whales, seals, walrus or other living resources of the sea;

“foreign ship” means a ship which is not registered under

this Act;

“function” means a group of tasks, duties and

responsibilities as specified in the STCW Code, necessary

for the ship operation, safety of life at sea or protection of

the marine environment;

“Government ship” means a ship which belongs to the

Government but does not include a ship which forms part

of the Antigua and Barbuda defence force;

“GT” means gross tonnage in accordance with the Tonnage

Convention;

“IACS” means the International Association of

Classification Societies;

“IMO” and “Organization” means the International

Maritime Organization;

“international coastal voyage” means voyages during

which the ship is never more than 50 nautical miles off

shore;

“IBC Code” means the International Code for the

Construction and Equipment of Ships Carrying Dangerous

Chemicals in Bulk adopted by the Marine Environment

Protection Committee of IMO by resolution MEPC.19(22),

as amended from time to time;

“IGC Code” means the International Code for the

Construction and Equipment of Ships Carrying Liquified

Gases in Bulk, 1993, as amended from time to time;

“IMDG Code” means the International Maritime Dangerous

Goods Code adopted by IMO by Resolution A.716(17), as

amended from time to time;

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“international voyage” means a voyage from a port in one

country to a port in another country;

“ISPS Code” means the International Code for the

Security of Ships and of Port Facilities consisting of

Part A (the provisions of which shall be treated as

mandatory) and part B (the provisions of which shall be

treated as recommendatory), as adopted, on 12 December

2002, by resolution 2 of the Conference of Contracting

Governments to the International Convention for the

Safety of Life at Sea, 1974, as amended from time to

time;

“liquified gas tanker” means a ship constructed or adapted

and used for the carriage in bulk of any liquid gas or other

products listed in Chapter 19 of the IGC Code;

“Load Line Convention” means the International

Convention on Load Lines, 1966, and its Protocol of 1988,

as amended from time to time;

“management level” for the purposes of Part IV means the

level of responsibility associated with:

— serving as master, chief mate, chief engineer officer

or second engineer officer on board a ship, and

— ensuring that all functions within the designated area

of responsibility are properly performed;

“MARPOL Convention” means the International

Convention for the Prevention of Pollution from Ships,

1973, and its Protocol of 1978, as amended from time to

time;

“master” means the person at the management level having

command or charge of any ship other than a pilot;

“Member State” means a Member State of the Caribbean

Community or the Organization of Eastern Caribbean

States listed in the Third Schedule;

“Minister” means the Minister responsible for Merchant

Shipping and Ship Registration;

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“national” means a person who:

(a) is a citizen of a Member State;

(b) has a connection with a Member State of a kind

which entitles that person to be regarded as

belonging to or, if it be so expressed, as being a

native or resident of that Member State for the

purposes of the laws of that Member State relating

to immigration; or

(c) is a company or other legal entity constituted in a

Member State in accordance with the laws of that

Member State and which that Member State regards

as belonging to it, if that company or other legal

entity has been formed for gainful purposes and

has its registered office and central administration,

and carries on substantial activity within the

Community and is substantially owned and

effectively controlled by persons mentioned in

paragraphs (a) and (b);

For the purposes of this definition, a company or other

legal entity is:

substantially owned if more than 50 percent

of the entity interest in the company or entity

is beneficially owned by a person mentioned

in paragraphs (a) and (b); and effectively

controlled if the persons mentioned in

paragraphs (a) and (b) have the power to name

a majority of its directors or otherwise legally

to direct its actions.

“near coastal voyages” means voyages from any port or

place in Antigua and Barbuda to any other port or place in

Antigua and Barbuda during which the ship is never more

than 30 nautical miles from a safe haven in Antigua and

Barbuda;

“officer” means any person at the operational level who

belongs to the ship’s command, or is a member of its

administration at a similar level;

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“operational level” means the level of responsibility

associated with:

— serving as officer in charge of a navigational or

engineering watch or as designated duty engineer

for periodically unmanned machinery spaces or as a

radio operator on board a seagoing ship, and

— the designated area of responsibility in accordance

with proper procedures and under the direction of

an individual serving in the management level for

that area of responsibility;

“officer in charge of a navigational watch” means any

person who is in charge of the navigation or manoeuvring

of ship maintaining direct control over the performance of

all functions within the designated area of responsibility

and under the direction of an individual serving at the

management level for that area of responsibility;

“oil tanker” means a ship constructed and used for the

carriage of petroleum or petroleum products in bulk or a

combination of petroleum and petroleum products in bulk;

“owner” in relation to a ship means, in respect of a

registered ship, the registered owner and includes a demise

charterer and a managing owner or a managing agent;

“passenger” means any person carried on board a ship

except:

(a) a person employed or engaged in any capacity
on board the ship on the business of the ship;

(b) a person on board the ship either in pursuance of
the obligations laid upon the master to carry

shipwrecked, distressed or other persons or by

reason of any circumstances which neither the

master nor the charter, if any, could have

prevented or forestalled;

(c) a child under one year of age;

“passenger ship” means a ship carrying or capable of

carrying more than twelve passengers;

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“pleasure yacht” means a ship however propelled that is

used exclusively for pleasure and does not carry

passengers or cargo for hire or reward; but does not

include a ship that is provided for the transport or

entertainment of lodgers at any institution, hotel, private

hotel, boarding house, guest house and other

establishment;

“port of registry” in relation to any ship means the port at

which she is for the time being registered;

“prescribed” means prescribed by regulations or directives

or in the absence of regulations and directives, by a form

approved by ADOMS;

“proper officer” means the officer designated by the

Minister to be the proper officer at the port or place and in

respect of the matter to which reference is made in the

provisions of this Act in which the expression occurs;

“propulsion power” means the total maximum continuous

rated output power in kilowatts of all the ship’s main

propulsion machinery which appears on the ship’s

certificate of registry and other official documents;

“Radio Regulations” means the Radio Regulations

annexed to, or regarded as being annexed to, the most

recent International Telecommunication Convention which

may be in force at any time;

“rating” means a member of the ship’s crew at the support

level;

“Recognised Organisation” means a classification society

which is a member of IACS, entrusted by ADOMS with

the survey of Antigua and Barbuda ships for the purposes

of the SOLAS Convention;

“Registrar” means any Registrar of ships appointed under

section 9 of this Act;

“Registrar General” means the Director;

“restricted international voyages” means voyages during

which the ship is never more than 200 nautical miles off

shore;

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“salvage” includes all expenses properly incurred by the

salvor;

“seafarer” means the master, officer and any other category

of crew;

“seafarer’s book” or “seafarer’s identification records

book” means a document issued to personnel serving

aboard Antigua and Barbuda ships for the purpose of

providing the holder with identity papers for travel to or

from an assigned ship, providing a record of the holder’s

sea service, and noting any certification which has been

awarded to him; but it is not a passport and is issued

without prejudice to and does not affect the national status

of the holder;

“seagoing ship” means a ship which does not navigate

exclusively in inland waters or in waters within, or closely

adjacent to, sheltered waters or areas where port

regulations apply;

“second engineer officer” means the engineer officer next

in rank to the chief engineer officer and upon whom the

responsibility for the mechanical propulsion and the

operation and maintenance of the mechanical and electrical

installations of the ship will fall in the event of the

incapacity of the chief engineer officer;

“ship” includes every description of vessel used in

navigation and not propelled by oars;

“SOLAS Convention” means the International Convention

for the Safety of Life at Sea, 1974, and its Protocols of 1978

and 1988, as amended from time to time;

“STCW Code” means the Seafarers’ Code, as adopted by

the 1995 Conference, which adopted the 1995 Amendments

to the STCW Convention, resolution 2, as amended from

time to time;

“STCW Convention” means the International Convention

on Standards of Training, Certification and Watch-

keeping, 1978, as amended in 1995 as amended from time

to time;

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“support level” means the level of responsibility

associated with performing assigned tasks, duties or

responsibilities on board a seagoing ship under the

direction of an individual serving in the operational or

management level;

“Tonnage Convention” means the International

Convention on Tonnage Measurement of Ships, 1969 as

amended from time to time;

“1992 CLC Protocol” means the 1992 amendments to the

International Convention on Civil Liability for Oil Pollution

Damage, 1969, as amended from time to time;

“1992 Oil Fund Protocol” means the 1992 amendments to

the International Convention on the Establishment of an

International Fund for Compensation for Oil Pollution

Damage, 1971, as amended from time to time.

3. (1) The coastal trade between Antigua and Barbuda ports

shall be carried only by Antigua and Barbuda ships.

(2) The owner, agent or master of any ship contravening the

provisions of this section commits an offence, and each is liable

on conviction to a fine of three thousand dollars; in addition the

ship shall be liable to detention.

4. (1) Every Antigua and Barbuda ship shall carry insurance

cover against risks of loss or damage to third parties, and in

particular:

(a) in respect of the owner’s liabilities to a crew member

under any provision of Part IX; and

(b) claims in respect of loss or damage caused by any

cargo carried on board the ship.

(2) Every foreign ship anchoring in or trading in or from

Antigua and Barbuda waters or entering a port in Antigua and

Barbuda shall carry insurance cover against risks of loss or

damage to third parties.

(3) Where any ship contravenes this section, the owner of

that ship commits an offence and is liable on conviction to a fine

not exceeding five thousand dollars.

Reservation of

coastal trade.

Insurance

Requirement.

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PART II

ADMINISTRATION AND IMPLEMENTATION

5. The Minister shall have general powers for the

administration and implementation of this Act in addition to the

powers expressly conferred upon him under the various sections

of this Act.

6. (1) The Minister shall appoint a Director of ADOMS who

shall be the Registrar General and who shall exercise general

supervision over all matters arising under this Act.

(2) The Minister may appoint one or more Deputy Directors

and such other technical and administrative personnel as may

be considered necessary to assist the Director generally in the

discharge of his duties or for the purposes of particular

provisions of this Act or regulations made thereunder.

(3) Officers appointed under this section are authorised to

issue endorsements and documents to all merchant marine

personnel.

(4) The Director shall establish standards of certification and

upgrading of merchant marine personnel, necessary and

appropriate for the purpose and for the maintenance of high

standards in the register of ships of Antigua and Barbuda.

7. (1) The Minister may make regulations for the

implementation of this Act. In making regulations for any matter

which is the subject of a Convention to which Antigua and

Barbuda is a party he shall have full regard to the Convention

and any amendments thereto.

(2) Without prejudice to the generality of subsection (1) or to

section 8, the matters on which regulations may be made include

those matters specified in the First Schedule.

(3) The Director may, after consultation with the Minister,

issue directives for the implementation of the Act.

(4) Without prejudice to the generality of subsection (3)

the previous such directives may relate to any matter on which

there is power to make regulations.

Appointment of

officers.

Regulations and

directives.

Minister’s powers.

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8. (1) Without prejudice to section 7(1), or any other provision

of this Act, the Minister may make such regulations as may be

considered necessary or expedient to give effect to, and carry

out the objects and purposes of, the following conventions —

Tonnage Convention

SOLAS Convention

MARPOL Convention

Load Lines Convention

Collision Regulations Convention

STCW Convention

1992 CLC Protocol

1992 Oil Fund Protocol

(2) Subsection (1) shall also have effect in relation to any

convention relating to maritime safety or security, prevention of

pollution of the marine environment, or the health and welfare of

seafarers, as may be ratified by Antigua and Barbuda.

9. (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 the

performance of their functions the Registrars shall act under the

direction of the Director.

(2) The Minister may appoint one or more Deputy Registrars

to assist any Registrar in the performance of his functions under

the Act. Such Deputy Registrars may perform any function

conferred on a Registrar. In performing his functions a Deputy

Registrar shall act under the direction of the Registrar he is

appointed to assist.

(3) Individuals designated by the Minister as Registrars or

Deputy Registrars may register Antigua and Barbuda ships in

Antigua and Barbuda and in countries other than Antigua and

Barbuda, and the registers must contain the particulars that are

required to be entered in a register by this Act in respect of all

ships registered by them.

Registrar of

Antigua and

Barbuda ships.

Regulations and

directives to give

effect in Antigua

and Barbuda to

maritime

conventions.

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10. No suit shall be maintained against any public officer or

other person appointed or authorised under this Act in respect

of anything done or omitted to be done by him in good faith in

the exercise or performance, or in the purported exercise or

performance, of any power, authority or duty conferred or

imposed on him under this Act.

PART III

REGISTRATION OF SHIPS — MORTGAGES —

MARITIME LIENS

CHAPTER 1

REGISTRATION OF ANTIGUA AND BARBUDA SHIPS

11. (1) A ship shall not be registered as an Antigua and

Barbuda ship unless she is owned wholly by persons to whom

one of the following descriptions applies;

(a) citizen of Antigua and Barbuda;

(b) public bodies of Antigua and Barbuda;

(c) public bodies corporate authorised under
subsection (2);

(d) a corporation registered under the International
Business Corporation Act;

(e) an external company or a partnership concern
registered under the Companies Act; or

(f) a national of a Member State;

(g) any other person approved by the Cabinet.

(2) A public body corporate is authorised for the purposes of

paragraph (c) of subsection (1) to register ships if:

(a) it is established under and subject to the laws of
Antigua and Barbuda; and

(b) it has its principal place of business, or appoints a
resident agent, in Antigua and Barbuda;

Cap. 222.

No. 18 of 1995.

Protection of

public officers.

Qualification to

own Antigua and

Barbuda ships.

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(c) at least fifty-one percent of its share capital is held

by citizens of Antigua and Barbuda;

(d) the majority of directors, the Chairman of the Board

of Directors and the Managing Director, if any, are

citizens of Antigua and Barbuda. In case of a

partnership concern, Antigua and Barbuda interests

shall be deemed to be predominant in the capital

and in the management, if the majority of the partners

are Antigua and Barbuda citizens.

(3) Ships owned by multinational shipping enterprises or joint

ventures between the Government of Antigua and Barbuda and

the government of other member countries of the Caribbean

Community or governments of other foreign countries, in which

the Government of Antigua and Barbuda has a substantial

interest and which are established by Acts of Parliament may be

exempted from compliance with the requirements of subsections

(1) and (2) in order to qualify for treatment as Antigua and

Barbuda ships.

(4) Anything to the contrary notwithstanding, the ownership

requirements referred to above may in exceptional cases be

waived by the Minister where:

(i) the ship meets all other requirements for

registration; and

(ii) it has been satisfactorily demonstrated that

there is a genuine need for such a waiver; and

(iii) the owner of the ship qualified for, secures

and maintains registration in Antigua and

Barbuda as a foreign maritime trust or

corporation or other legal entity and where he

either maintains at all times an operating office

in Antigua and Barbuda or appoints a qualified

resident business agent in the manner

prescribed by law.

(5) The owner of any ship which is registered as an external

company under the Companies Act and secures and maintains

registration of that ship in Antigua and Barbuda shall be exempted

from the payment of income tax, capital gains tax and other direct

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tax or impost that may be levied or collected in Antigua and
Barbuda in respect of his shipping business for fifty years.

12. (1) The port of St. John’s shall be the port of registry for
Antigua and Barbuda ships, and the port to which they belong.

(2) In the case of bareboat chartered ships registered under
Chapter 2 of Part III the port of St. John’s shall be the port of

registry, and the port to which they belong.

13. (1) The Register shall be divided into parts as follows:

(a) an International Ships Register;

(b) a register for mega-yachts: that is to say pleasure
ships of over 24 meters in length;

(c) a local register.

(2) Subject to section 14, each Part of the register shall

distinguish between:

(a) merchant ships fitted with mechanical means of
propulsion;

(b) sailing ships and motor boats; and

(c) mobile offshore drilling units, barges and pontoons.

(3) Entries in the register in relation to property in a ship

shall be made in accordance with the following provisions:

(a) the property in a ship shall be divided into 64 shares;

(b) subject to the provisions of this Act with respect to
joint owners or owners by transmission, not more

than 64 individuals shall be entitled to be registered
at the same time as owners of any one ship; but this
rule shall not affect the beneficial title of any number of

persons or of any company represented by or claiming
under or through any registered owner or joint owner;

(c) a person shall not be entitled to be registered as
owner of a fractional part of a share in a ship; but
any number of persons not exceeding five may be

registered as joint owners of a ship or of any share

or shares therein;

Port of registry

The register.

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(d) joint owners shall be considered as constituting one

person only as regards the persons entitled to be

registered, and shall not be entitled to dispose in

severalty of any interest in a ship, or in any share

therein in respect of which they are registered;

(e) a body corporate shall be registered as owner by its

corporate name.

14. (1) No passenger ship, high speed craft or hovercraft

shall be registered on the International Ships Register.

(2) No ship to which the SOLAS Convention applies shall be

registered on the local register referred to in section 13(1)(c).

15. (1) The office of the Registrar General shall be situated in

St. John’s.

(2) The Registrar General shall designate a central registry

office where details of all Antigua and Barbuda ships registered

must be kept.

16. (1) The owner of a ship applying for registry on the

International Shipping Register under this Act shall cause such

ship to be surveyed by ADOMS in order to ascertain compliance

with all international maritime conventions and the Code of Safety

for Caribbean Cargo Ships as may be applicable.

(2) The owner of every Antigua and Barbuda ship on the

International Shipping Register shall cause such ship to be

surveyed annually by ADOMS to ascertain compliance with all

relevant international maritime conventions.

17. (1) (a) Subject to paragraph (b), the tonnage of

every ship applying to be registered on the

International Ships Register shall be

measured by Recognised Organisation or

such other body as may be recognised by

the Director in accordance with the

Tonnage Convention, and a certificate of

the tonnage shall be provided to the owner

by the Organization or body in question.

Such tonnage shall be entered in the

certificate of the registry as the tonnage of

the ship.

Ships which may

not be registered.

Office of Registrar

General.

Survey.

Tonnage.

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(b) Where the tonnage has previously been

measured by a Classification Society which

is a member of IACS, the certificate of

tonnage issued by that Society may be

accepted for the purposes of paragraph (a).

(2) The tonnage or length of every ship applying to be

registered on the register for yachts shall be measured pursuant

to subsection (1), or as the Director may provide.

18. (1) Every ship registered on the International Ships

Register shall be entered with a Recognised Organisation.

(2) If at any time a ship entered in accordance with subsection

(1) ceases to be so entered, and is not then entered with another

Recognised Organisation, the Registrar shall remove the ship

from the register.

19. (1) The owner of an Antigua and Barbuda ship who applies

for registration under this Act shall, before registration, cause

her to be marked permanently and conspicuously in the

prescribed manner and to the satisfaction of the Registrar and

any ship not so marked may be detained by the Registrar.

(2) (a) Subject to any other provision contained in this

Act and to the provisions of any regulations or

directives made thereunder, the owner and the

master of an Antigua and Barbuda ship shall take

all reasonable steps to ensure that the ship

remains marked as required by this section and

the owner or master shall not cause or permit any

of the particulars thereby denoted to be altered

except in the manner provided in this Act or except

to evade capture by the enemy or by a foreign

ship of war in the exercise of some belligerent

right.

(b) Any contravention of this subsection is an

offence by the owner and master, punishable on

conviction by a fine of three thousand dollars.

20. A person shall not be registered as the owner of an

Antigua and Barbuda ship or of a share therein until he, or in the

case of a public body or an authorised body corporate the person

Declaration of

ownership.

Class.

Marking of ships.

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authorised to make declarations on its behalf, has made and

signed a declaration of ownership in the prescribed form referring

to the ship as described in the certificate of the surveyor and

containing such particulars as may be prescribed.

21. A ship registered outside Antigua and Barbuda shall

not be registered under this Act until her foreign registry is

cancelled, or there is produced:

(i) official permission from a proper officer in that

country for the transfer of registration or a

statement that such permission by the law of

the country is not needed; and

(ii) a recent certificate by such officer of any

mortgages or liens recorded in the register of

ships of such country:

Provided that the Registrar may direct that

such requirements be waived on it being shown

to his satisfaction that the owner has

attempted to produce such documents but

that due to wholly exceptional and abnormal

circumstances prevailing in that foreign

country inordinate delay has occurred due to

reason beyond the control of the owner, but

subject to the production of such other like

documents as the Registrar may further direct.

22. When the requirements of this Act preliminary to

registration have been complied with the Registrar shall register

the ship by entering in the register the prescribed particulars

respecting the ship.

23. (1) On completion of the registration of a ship, the Registrar

shall grant a certificate of registry comprising the particulars

respecting the entries in the register, and including the date of

expiry of the certificate.

(2) On completion of the registration of a chartered bareboat

under Chapter 2 of this Part, the Registrar shall grant a certificate

of registration in accordance with subsection (1), containing

also the particulars of the owner, the charterer, and the foreign

register of the ship, and the date of expiry of the certificate.

Cancellation of

foreign registry.

Entry of

particulars in

register.

Certificate of

registry.

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(3) The certificate of registry shall be used only for the lawful

navigation of the ship, and shall not be subject to detention by

reason of any tithe, lien, charge, or interest whatever had or

claimed by any owner or mortgagee, or other person to, on or in

the ship.

(4) A master or owner of an Antigua and Barbuda ship who

uses or attempts to use for her navigation a certificate of registry

not legally granted in respect of the ship, commits an offence,

and liable on summary conviction by a fine not exceeding five

thousand dollars; and the ship is liable to forfeiture.

24. (1) If at any place outside Antigua and Barbuda a ship

becomes entitled to be registered as an Antigua and Barbuda

ship, an Antigua and Barbuda diplomatic or consular officer

there may grant to her master, on his application, a provisional

certificate of registry in the prescribed form and shall forward a

copy thereof to the Registrar of Antigua and Barbuda ships.

(2) Such a provisional certificate of registry shall be valid

until the expiration of six months from its date or until the arrival

of the ship at the Antigua and Barbuda port of registry, whichever

happens earlier and on either of these events happening shall
cease to have effect.

(3) A provisional certificate may be extended for a further
period of six months; but after expiry of such extension a
provisional certificate of registry shall not be granted in respect
of that ship for a period of one year.

25. (1) Subject to subsection (2), no trust, express, implied, or
constructive, shall be registered by the Registrar.

(2) Where on the bankruptcy of a registered owner or

mortgagee his title is transmitted to his trustee in bankruptcy,

that person may be registered as the owner or mortgagee of an

Antigua and Barbuda ship or a share therein, provided the ship

remains entitled to be registered as an Antigua and Barbuda

ship pursuant to section 11.

26. (1) A copy of this Act, any amendments thereto and any

regulations made thereunder, shall be carried on board each

ship on the International Ships Register.

(2) Any contravention of subsection (1) is an offence by the

Trusts, equitable

interests and li-

abilities of benefi-

cial interests.

Carriage of

Antigua and

Barbuda

Merchant

Shipping Act.

Provisional

certificate of

registry.

20 The Antigua and Barbuda Merchant

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owner and master, and punishable on conviction by a fine of

three thousand dollars.

CHAPTER 2

REGISTRATION OF CHARTERED BAREBOATS

27. (1) Notwithstanding sections 11 and 19, but subject to

section 28, a chartered bareboat may be registered as an Antigua

and Barbuda ship and may use the national colours when

registered in a foreign register, if she is a bareboat chartered by

a citizen of Antigua and Barbuda, or a person other than a citizen

of Antigua and Barbuda, or a body corporate which is either

Antigua and Barbuda or otherwise.

(2) Notwithstanding section 21, for the purposes of the

registration of a chartered bareboat registered in a foreign register,

it is not required that the registration in the foreign register be

deleted and the preferred status of the foreign register remains.

(3) Registration of a chartered bareboat within the meaning

of this Chapter is the registration in the Antigua and Barbuda

register for such period of time as the Minister may approve and

under fixed legal conditions, of a ship which continues to be

registered in a foreign register.

(4) Bareboat chartering within the meaning of this Chapter is

the chartering by virtue of which the charterer, for an agreed

period of time —

(a) acquires full control and possession of the ship;

(b) has the shipping management and operation of the

ship;

(c) is responsible towards third parties as if he were the

ship owner, and generally, so long as the chartering

continues, he is substituted in all respects in place

of the owner except that he has no right to sell or

mortgage the ship.

28. A chartered bareboat may be registered under this Chapter

on the application of the charterer for such period as the Director

may for a prescribed period approve if —

Conditions for

registration of

chartered

bareboats.

Registration of

chartered

bareboats.

21The Antigua and Barbuda Merchant

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(a) the law of the country of the foreign register allows

registration out of chartered bareboats registered in

its register, and

(b) the following duly certified documents are submitted

together with the application —

(i) a copy of the charter agreement in lieu of the

title of ownership and declaration of

ownership;

(ii) the written consent of the ship owner;

(iii) the written consent of the appropriate maritime

authorities of the country of the foreign

registry and containing a conformation as to

the ownership of the ship and as to the

mortgages or other encumbrances of the ship,

if any; and

(iv) the written consent of the mortgagees.

29. (1) (a) For purposes of the registration of chartered

bareboat a new measurement of the tonnage of the

ship is required; and the certificate of survey and

the tonnage certificate provided for by this Act shall

be issued on the basis of the corresponding

documents of the foreign registry.

(b) A subsequent alteration of the ship which affects

the tonnage or the description of the ship shall be

effected in accordance with the provisions of this

Act relating to ships registered in the Antigua and

Barbuda register and shall be notified by the

Registrar to the appropriate maritime authorities of

the country of the foreign registry.

(2) For the registration of a chartered bareboat there shall be

paid the fees payable under this Act in relation to the registration

of an Antigua and Barbuda ship.

30. (1) A chartered bareboat may keep the name under which

it is registered in the foreign register.

Name of regis-

tered chartered

bareboat

Measurement in

respect of a char-

tered bareboat

22 The Antigua and Barbuda Merchant

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(2) The name of a chartered bareboat may be changed after

registration in the Antigua and Barbuda register if —

(a) the change is effected in accordance with the

provisions of this Act relating to ships registered in

the Antigua and Barbuda register;

(b) it is on the application of the charterer;

(c) it is with the written consent of the owner and the

mortgagees; and

(d) it is notified to the appropriate maritime authorities

of the country of the foreign register.

31. At the expiry of a certificate issued under section 23(2), a

chartered bareboat may be reregistered in the Antigua and

Barbuda register if the conditions applicable at the time of the

initial registration still apply.

32. (1) Where a chartered bareboat is registered under this

Chapter, mortgages and other encumbrances which are a charge

on the ship at the time of registration in the Antigua and Barbuda

register continue to exist and to be a charge on the ship.

(2) Mortgages and encumbrances referred to in subsection

(1) continue to be governed by the law of the country governing

them at the time of their creation, and are not affected by the fact

of the registration of the ship in the Antigua and Barbuda register;

and such mortgages and other encumbrances shall be recorded in

the Antigua and Barbuda register for purposes of information only.

(3) After a chartered bareboat has been registered under this

Chapter, a mortgage or encumbrances may be created over the

ship only by the owner and in accordance with the law of the

country of the foreign register in which such mortgage or

encumbrances is recorded.

(4) A mortgage in respect of a chartered bareboat registered

under this Chapter may not be registered in the Antigua and

Barbuda register.

Mortages in re-

spect of chartered

bareboats regis-

tration.

Reregistration of

a charactered

bareboat.

23The Antigua and Barbuda Merchant

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33. (1) The Registrar shall de-register a chartered bareboat

registered under this Chapter if —

(a) the charter is terminated;

(b) the prescribed period of time of registration has

expired; or

(c) there exists any reason for de-registration under this

Act.

(2) Where a chartered bareboat is de-registered under

subsection (1), the Registrar shall delete the name of such ship

from the register and may issue a deletion certificate.

CHAPTER 3

REGISTRATION OF ANTIGUA AND BARBUDA

SHIPS: BAREBOAT CHARTERED

OUT IN A FOREIGN REGISTER

34. (1) Notwithstanding any other provision of this Act, an

Antigua and Barbuda ship may be registered as a chartered

bareboat in a foreign register and may use the colours of the

country of such foreign register.

(2) Registration as a chartered bareboat within the meaning

of this Chapter is the registration in a foreign register for such

period of time as the Registrar may approve and under fixed

legal conditions of a ship which continues to be registered in

the Antigua and Barbuda register.

35. (1) A chartered bareboat may be registered under this

Chapter in a foreign register on the application of the registered

owner for such period as the Registrar may approve if —

(a) the ship is registered as an Antigua and Barbuda

ship under Chapter 1;

(b) the law of the country of the foreign register allows

the registration of chartered bareboats in its register;

(c) the ship is chartered as a bareboat to a foreign

individual or corporation; and

De-registration

of a chactered

bareboat.

Conditions of per-

mission for regis-

tration of char-

tered bareboats in

a foreign register.

Registration as

chartered

bareboats in a

foreign register.

24 The Antigua and Barbuda Merchant

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(d) the following documents are submitted —

(i) the written application of the owner for

permission for the registration of the ship as a

chartered bareboat in a foreign register;

(ii) a copy of the charter agreement;

(iii) the written consent of the appropriate maritime

authorities of the country of the foreign

registry;

(iv) the written consent of the mortgagees;

(v) the written undertaking by the owner to

surrender the Certificate of Antigua and

Barbuda registration issued under Chapter 1

within fifteen days from the date of the

Registrar’s consent under this Chapter.

(2) The owner shall produce to the Registrar any amendments

or modifications to the charter agreement within thirty days of

such amendments or modifications being effected.

36. (1) A ship registered under Chapter 1 when being registered

in a foreign register under this Chapter may keep the name under

which it is registered in Antigua and Barbuda.

(2) The name of a ship registered in Antigua and Barbuda and

registered as a chartered bareboat in a foreign register may be

changed with the written permission of the Registrar only if

such change is being effected also in the foreign register; but

such name may not be the same as that of a ship registered in the

Antigua and Barbuda register.

37. During the time an Antigua and Barbuda ship is registered as

a chartered bareboat in a foreign register under the provisions of

this Chapter such ship shall hoist the flag of the country of the

foreign register and shall not hoist the Antigua and Barbuda Flag.

38. (1) Notwithstanding that an Antigua and Barbuda ship

may be registered as a bareboat in a foreign register, all matters

with respect to title over the ship, mortgages and other

encumbrances shall continue to be governed by Antigua and

Barbuda law.

Exclusive appli-

cation of Antigua

and Barbuda law in

respect of owner-

ship and encum-

brances.

Flag.

Name of char-

tered bareboat

registered in a for-

eign register.

25The Antigua and Barbuda Merchant

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(2) Any transaction affecting the title over the ship or relating

to the registration, amendment, transfer and transmission and

discharge of mortgages shall be made and registered in

accordance with the provisions of this Act and only by the

person or legal entities specified therein.

(3) Where a chartered bareboat is granted permission to be

registered in a foreign register under this Chapter, mortgages

and other encumbrances under Antigua and Barbuda law which

are a charge on the ship at the time of registration in the foreign

register shall continue to exist and be a charge on the ship.

(4) Mortgages and encumbrances referred to in subsection

(3) continue to be governed by Antigua and Barbuda law and

are not affected by the fact of the registration of the ship as a

chartered bareboat in a foreign register; and such mortgages

and other encumbrances may only be recorded in the foreign

register for purpose of information.

(5) Notwithstanding the registration of a ship as a chartered

bareboat in a foreign register under this Chapter a mortgage or

encumbrance may be created over the ship only by the owner

and in accordance with Antigua and Barbuda law.

(4) The owner shall immediately notify the Registrar of the

closure or lapse of the registration as a chartered bareboat in the

foreign register.

39. (1) A Registrar may withdraw the permission to the

registration of the ship as a chartered bareboat in a foreign register

if —

(a) any of the conditions of subsection (1) of section

35 of this Act has not been fulfilled or ceases to

be fulfilled; or

(b) the owner fails to comply with any other applicable

provision of this Act; or

(c) the charter agreement terminates or is terminated by

any of the parties to it; or

(d) a mortgagee request so in writing.

Withdrawal of

permission.

26 The Antigua and Barbuda Merchant

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(2) Upon the withdrawal of the permission of the Registrar

under subsection (1) —

(a) the Registrar shall endeavour to inform the

appropriate authorities of the foreign register, the

owner, the charterer and the mortgagees of such

withdrawal; and

(b) the owner shall forthwith cause the registration as

chartered bareboat in the foreign register to be

terminated.

(3) Upon termination of the permission to the registration of

the ship as a chartered bareboat in a foreign register the Registrar

shall make an entry thereof in the register, and the ship shall

thereupon be again subject to all the provisions of this Act and

other Antigua and Barbuda law applying to ships registered in

Antigua and Barbuda and the Registrar shall again issue to the

owner a certificate of an Antigua and Barbuda registration unless

the owner fails to comply with any requirement under this Act

for the issuance of such certificate.

CHAPTER 4

TRANSFERS, TRANSMISSION AND MORTGAGES

40. A ship registered in Antigua and Barbuda or a share

therein shall be transferred only by an instrument in writing in

the prescribed form called bill of sale executed in accordance

with prescribed procedure.

41. The property in a ship registered in Antigua and Barbuda

or a share therein may be transmitted to a person on the death or

insolvency of any registered owner by any lawful means other

than by a transfer under section 40.

42. (1) A registered ship or a share therein may be made a

security for a loan or other valuable consideration by means of

mortgage to be executed in the form and manner approved by

the Registrar.

(2) If there are more mortgages than one recorded in respect

of the same ship or share, the mortgagees shall, notwithstanding

any express, implied or constructive notice, have priority

Transfer of

Antigua and

Barbuda ship or

share or interest

therein.

Transmission on

death or insol-

vency.

Mortgage of ship

or share.

27The Antigua and Barbuda Merchant

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according to the date on which each mortgage is recorded in the

register book and not according to the date of each mortgage

itself.

43. Except in so far as may be necessary for making a

mortgaged ship or share available as a security for the mortgage

debt, the mortgagee shall not, by reason of his mortgage, be

deemed to be the owner of the ship or share, nor shall the

mortgagor be deemed to have ceased to be owner thereof.

44. A registered mortgagee of a ship shall be entitled to sell

or otherwise dispose of the mortgaged ship or share in order to

recover the amount due under the mortgage and if he sells the

ship, he shall hold the proceeds of the sale in excess of the

amount due to him in trust for later mortgagees, if any, and the

owner, but where there is more than one registered mortgagee of

the same ship or share, a subsequent mortgagee shall not, except

under the order of a court of competent jurisdiction, sell the ship or

share therein without the concurrence of every prior mortgagee.

45. A registered mortgage of a ship or share shall not be

affected by any act of insolvency committed by the mortgagor

after the date of the record of such mortgage and, subject to the

provisions relating to maritime liens contained in sections 49 to

51, the mortgage shall be preferred to any right, claim or interest

therein of the other creditors of the insolvent or any trustee or

assignee on their behalf.

46. (1) A registered mortgage of a ship or share may be

transferred to any person and the instrument affecting the

transfer shall be in the prescribed form or as near thereto as

circumstances permit, and on the production of such

instrument, the Registrar shall record it by entering in the register

book the name of the transferee as the mortgagee of the ship or

share and shall, by memorandum under his hand, notify on the

instrument of transfer that it has been recorded by him stating

the day and hour of record.

(2) The person to whom any such mortgage has been

transferred shall enjoy the same right of preference as was

enjoyed by the transferor.

47. (1) Where the interest of a mortgagee in a ship or share is

transmitted on death or insolvency, or by any lawful means

Transmission of

interest.

Mortgagee not

deemed to be

owner.

Rights of mort-

gagee.

Mortgage not af-

fected by insol-

vency.

Transfer of

mortages and

shares.

28 The Antigua and Barbuda Merchant

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other than by transfer under section 46, the transmission shall

be authenticated by a declaration of the person to whom the

interest is transmitted containing a statement of the manner in

which and the person to whom the property has been transmitted

and shall be accompanied by the like evidence as is required in

case of a corresponding transmission of the ownership of a ship

or share.

(2) The Registrar, on receipt of the declaration and the

production of the evidence aforesaid, shall enter the name

of the person entitled under the transmission in the register

book as mortgagee of the ship or share.

CHAPTER 5

MARITIME LIENS

48. A Registrar shall not permit the de-registration of a ship

without the written consent of all the holders of mortgages and

preference rights in the said ship registered under this Act.

49. (1) Notwithstanding the protection enjoyed by a

mortgagee under section 47, a maritime lien shall take priority

over the mortgages and preferential rights registered under this

Part or arising under the law relating to bankruptcy and no other

claim shall take priority over them, except as provided in section 51

For the purpose of this section, the claims which give rise to

maritime liens are the following:

(a) wages and other sums due to the master, officers

and other members of the ship’s complement in

respect of their employment on the ship;

(b) port, canal and other waterway dues and pilotage

dues;

(c) claims against the owner, based on tort and not

capable of being based on contract, in respect of

loss of or damage to property occurring, whether on

land or on water, in direct connection with the

operation of the ship;

(d) claims against the owner in respect of loss of life or

Restriction on de-

registration.

Priority of

maritime liens-

claims secured by

maritime liens.

29The Antigua and Barbuda Merchant

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personal injury, occurring, whether on land or on

water, in direct connection with the operation;

(e) claims for salvage, wreck removal and contribution

in general average.

(2) In this section, “owner” includes the charterer, manager

or operator of a ship.

50. (1) The maritime liens set out in section 49 (1) shall rank in

the order listed therein, provided, however, that maritime liens

securing claims for salvage, wreck removal and contribution in

general average shall take priority over all other maritime liens

which have attached to the ship prior to the time when the

operations giving rise to the said liens were performed.

(2) The maritime liens set out in each of the paragraphs (a),

(b), (c) and (d) of section 49 (1) shall rank pari passu as between

themselves.

(3) The maritime liens set out in paragraph (e) of section 49

(1) shall rank in the inverse order of the time when the claims

secured thereby accrued. Claims for contribution in general

average shall be deemed to have accrued on the date on which

the general average act was performed; claims for salvage shall

be deemed to have accrued on the date on which the salvage

operation was terminated.

51. In the event that preferential rights are granted, pursuant

to the provisions of the law relating to bankruptcy, in respect of

a ship in the possession of:

(a) a shipbuilder, to secure claims for the building of

the ship; or

(b) a ship repairer, to secure claims for repair of the ship

effected during such possession, such lien or right

of retention shall be postponed to all maritime liens

set out in section 49 (1) but may be preferred to

registered mortgages or preferential rights so long

as the ship is in possession of the shipbuilder or the

ship repairer, as the case may be.

Order of priority

of maritime liens.

Rights of ship-

builders and ship

repairer.

30 The Antigua and Barbuda Merchant

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52. (1) The maritime liens set out in section 49 (1) arise whether

the claims secured by such liens are against the owner or against

the demise or other charterer, manager or operator of the ship.

(2) Subject to the provisions of section 47, the maritime liens

securing the claims set out in section 49 (1) follow the ship

notwithstanding any change of ownership or of registration.

53. No maritime liens shall attach to the ship securing claims

as set out in paragraphs (c) and (d) of section 49 (1) which arise

out of or result from the radioactive properties or a combination

of radioactive properties with toxic, explosive or other hazardous

properties of nuclear fuel or of radioactive product or waste.

54. The maritime liens set out in section 49 (1) shall be

extinguished after a period of one year from the time when the

claims secured thereby arose unless prior to the expiry of such period

the ship has been arrested, such arrest leading to a forced sale.

55. Prior to the forced sale of a ship, the executing officer

shall give or cause to be given at least thirty days written notice

of the time and place of such sale to —

(a) all holders of registered mortgages and other

preferential rights which have not been issued to

bearer;

(b) such holders of registered mortgages and rights

issued to bearer and such holders of maritime liens

set out in section 49 (1) whose claims have been

notified to the officer;

(c) the Registrar.

56. (1) In the event of forced sale of the ship, preferential

rights except those assumed by the purchaser with the consent

of the holders, and all liens and other encumbrances of

whatsoever nature shall cease to attach to the ship.

(2) No charter party or contract for the use of the ship shall be

deemed a lien or encumbrance for the purpose of this section.

57. The costs awarded by the Court and arising out of the

arrest and subsequent sale of the ship and the distribution of

Over-riding na-

ture of maritime

liens.

No lien attaching

to claims related

to radioactive

material.

Limitation period.

Interruption of

limitation period.

Effect of forced

sale of ship.

Proceeds of sale.

31The Antigua and Barbuda Merchant

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the proceeds shall first be paid out of the proceeds of such sale.

The balance shall be distributed among the holders of maritime

liens under section 49 (1), the holders of preferential rights under

section 51 and the holders of mortgages and other preferential

rights registered under this Part in accordance with the

provisions of this Part and to the extent necessary to satisfy

their claims.

58. (1) When a ship registered in any State which has ratified

or acceded to the International Convention for the Unification

of Certain Rules relating to Maritime Liens and Mortgages

adopted in Brussels on 22nd May 1967, has been the subject of

a forced sale in Antigua and Barbuda, the executing officer shall,

at the request of the purchaser, and having ascertained that the

provisions of this Part have been complied with, issue a certificate

to the effect that the ship is sold free of all mortgages, liens and

other encumbrances, except those assumed by the purchaser,

provided that the proceeds of the said forced sale have been

deposited with the competent authority to distribute them to the

persons entitled to them.

(2) Upon receiving a certificate as described in subsection (1)

relating to any ship registered under this Act, the Registrar shall

be bound to delete all registered mortgages and other preferential

rights except those assumed by the purchaser and to register

the ship in the name of the purchaser or to issue a certificate of

de-registration for the purpose of de-registration of the ship, as

the case may be.

CHAPTER 6

NATIONAL CHARACTER AND FLAG

59. (1) The Minister shall by notification declare what shall

be the proper national colours for all ships registered as Antigua

and Barbuda ships.

(2) Any officer authorised by the Minister in this regard may

board any ship on which any colours are hoisted contrary to the

provision in subsection (1) and seize and take away the colours

which shall be forfeited to the Government.

60. (1) An Antigua and Barbuda ship shall hoist the national

colours;

Certificate to the

purchaser.

National colours.

Housing national

colours.

32 The Antigua and Barbuda Merchant

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(a) on a signal being made to her by any ship authorised

for this purpose by the Government of Antigua and

Barbuda;

(b) on entering or leaving any port.

(2) This section applies also to a bareboat chartered ship

registered under Part II.

61. (1) A customs officer shall not grant clearance to any

ship unless the master of that ship has declared to that officer

the name of the country to which he claims that she belongs and

produces in support thereof the relevant certificate of registry,

and that officer shall thereupon inscribe that name on the

clearance.

(2) If a ship attempts to proceed to sea without such clearance,

she may be detained by any customs officer until the declaration

is made.

62. No person on board a ship which is not an Antigua and

Barbuda ship shall use the Antigua and Barbuda national colours,

unless the assumption of Antigua and Barbuda character has

been made (the burden of proving which shall lie on him) for the

purpose of escaping capture by the enemy or by a foreign ship

of war.

63. No owner or master of an Antigua and Barbuda ship shall

knowingly do anything, or permit anything to be done, or carry

or permit to be carried, any paper or documents, with the intent

to conceal the Antigua and Barbuda character of the ship from

any person entitled by any law for the time being in force to

enquire into the same or with the intent to assume a foreign

character for the ship, or with intent to deceive any person so

entitled as aforesaid.

PART IV

MASTERS, OFFICERS, SEAFARERS AND CADETS

CHAPTER 1

MANNING AND CERTIFICATES

64. (1) This Part gives full effect to the provisions of the

STCW Convention in compliance with Antigua and Barbuda’s

obligation under that Convention.

Nationality and

flag to be declared

before clearance.

Unlawful assump-

tion of Antigua

and Barbuda char-

acter.

Concealment of

Antigua and

Barbuda

character or

assumption of

foreign

character.

STCW

Convention.

33The Antigua and Barbuda Merchant

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(2) Until such time as Antigua and Barbuda is able to establish

a mechanism for conducting national training or examination for

seafarers or the issuing of certificates in its own right, it shall,

pursuant to section 72, as a policy, endorse certificates issued

by other Parties to the STCW Convention and recognised by

Antigua and Barbuda and by IMO under the STCW Convention.

(3) Certificates shall be endorsed only if they are in

accordance and in compliance with the requirements specified

in this Act, and where the Administration issuing the certificate

is recognised by Antigua and Barbuda.

(4) The Second Schedule shall have effect for the purposes

of manning and qualification requirement of Antigua and Barbuda

ship.

65. (1) The Director may, in circumstances of exceptional

necessity, grant dispensation to a seafarer who is adequately

qualified, to serve in a specified ship for a period not exceeding

six months in a capacity for which he does not hold an appropriate

certificate, but holds a recognised certificate to enable him to

serve competently in the post immediately below the post in respect

of which the grant of the dispensation permits him to serve.

(2) No dispensation shall be granted to a seafarer to serve in

the capacity of

(a) a general officer (within the meaning of the relevant

Radio Regulations);

(b) a master or chief engineer officer, except in

circumstances of force majeure and for the shortest

period only.

(3) Where the STCW Convention does not require a

certification of the post immediately below the post in respect of

which the grant of dispensation permits service, a dispensation

may be granted to a person who, in the opinion of Antigua and

Barbuda Administration and the company, possesses the

qualification and experience equivalent to the required

qualification and experience of the vacant post.

(4) Where such a person as is mentioned in subsection (3)

does not hold the appropriate certificate, he shall be required to

Dispensations.

34 The Antigua and Barbuda Merchant

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pass a test which ADOMS recognises as satisfying the

qualification for the grant of dispensation.

(5) ADOMS shall endeavour to fill such vacant post as is

mentioned in subsection (4) without delay.

(6) The Government of Antigua and Barbuda shall, after the

1st of January of each year, submit to the Secretary General of

IMO a report of:

(a) the total number of dispensations granted for that

year to seagoing ships in respect of each capacity

for which a certificate is required; and

(b) the number of such seagoing ships above and

below 3,000 GT respectively.

66. Any person, who having been engaged in any of the

capacities of a master, chief mate, officer in charge of a

navigational watch, chief engineer or engineer officer in charge

of a watch of any ship registered under this Act goes to sea in

that capacity in such ship without being the holder of a valid

certificate of competency or endorsement of a grade appropriate

to his functions and level of responsibility or of a higher grade,

commits an offence, and is liable on summary conviction to fine

not exceeding one thousand dollars and imprisonment for three

months.

67. (1) Every endorsement granted under this Act shall be in

the form prescribed by the STCW Convention, and shall be

made in duplicate. One copy shall be delivered to the person

entitled to the endorsement and the other shall be kept by and

recorded with ADOMS.

(2) Each application for an endorsement at the management

or operational level shall be submitted to the Director in the

approved form and shall be accompanied by such supporting
documentation, proofs and fees as are prescribed.

(3) Each applicant for an endorsement at the management or

operational level, who qualifies under the provisions of the

STCW Convention, will be issued an endorsement in the form

prescribed by the Convention stating that he has been found

duly qualified in accordance with the provisions of that

Convention.

Uncertified and

unauthorised of-

ficers.

Form of certifi-

cates and endorse-

ment.

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68. (1) Companies, masters and chief engineers are

responsible for the assignment of seafarers for service on their

ships in accordance with the provisions of the STCW

Convention, and shall require that:

(i) each seafarer assigned to any of its ships

hold an appropriate certificate or endorsement

of certificate in accordance with the provisions

of the STCW Convention and as implemented

by ADOMS;

(ii) its ships are manned in compliance with the

applicable safe manning certificate of

ADOMS;

(iii) documentation and data relevant to all

seafarers employed on its ships are maintained

and readily accessible, and include without

being limited to, documentation and data on

their experience, training, medical fitness, and

competence in assigned duties;

(iv) seafarers, on being assigned to any ship, are

familiarised with their specific duties and with

all ship arrangements, installations,

equipment, procedures and ship

characteristics that are relevant to their

routine or emergency duties;

(v) seafarers at the management level shall have

an appropriate knowledge of the maritime

legislation of Antigua and Barbuda relevant

to the functions they are permitted to

perform. Antigua and Barbuda shall,

therefore, establish appropriate measures to

ensure that seafarers who present, for

recognition, certificates issued under the

provisions of regulations II/2, III/2, or III/3, or

issued under VII/1 of the Annex to the STCW

Convention at the management level, as

defined in the STCW Code, have an

appropriate knowledge of such maritime

legislation;

Responsibilities.

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(vi) such measures as are mentioned in paragraph

(v) above shall include requirements that such

seafarers make a statutory declaration that

they have read and understood the

relevant legislation, and also that the

legislation be available on board ship;

(vii) the ship’s complement can effectively

coordinate its activities in an emergency

situation and in performing functions vital to

safety or the prevention, or mitigation, of

pollution;

(viii) seafarers shall undergo familiarisation

concerning elementary safety matters before

being assigned their duties;

(ix) more comprehensive training and instruction

in safety and emergency matters shall be

undertaken by seafarers with designated

safety or pollution prevention duties;

(x) rest periods in compliance with the STCW

Code Section A-VIII/1 shall be established and

enforced as an effective measure to prevent

fatigue on board Antigua and Barbuda

registered ships.

(xi) The ship’s watch system is so arranged that
the efficiency of all watch-keeping personnel
will not be impaired by fatigue and that the

duties are so organised that the first watch at

the commencement of a voyage and

subsequent relieving watches are sufficiently

rested and otherwise fit for duty.

(2) Any contravention of this section shall be an offence,

punishable on conviction by a fine not exceeding ten thousand

dollars.

69. (1) The holder of an endorsement which is lost or
destroyed may apply to the Director for a replacement. The

application must be supported by an affidavit duly sworn or

affirmed before a Commissioner of Oaths or a Notary Public or a

similar official authorised to administer oaths or affirmations.

Loss of certificates

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(2) Affidavits referred to in subsection (1) must include a

description of his national certificate and the endorsement

sufficient to allow it to be recognised, state the circumstances of

its loss or destruction, and be submitted together with two standard

size passport photographs of the applicant, together with the

prescribed fee.

70. (1) Ships, except —

(a) state owned ships engaged only on governmental

noncommercial service;

(b) fishing vessels;

(c) pleasure yachts not engaged in trade; or

(d) wooden ships of primitive build, shall be subject,

while in ports of Antigua and Barbuda, to control

by officers duly authorised by the Director to verify

that all seafarers serving on board who are required

to be certificated by the STCW Convention are so

certificated or hold an appropriate dispensation.

(2) Certificates mentioned in subsection (1) shall be accepted

unless there are clear grounds for believing that a certificate has

been fraudulently obtained or that the holder of a certificate is

not the person to whom that certificate was originally issued.

(3) In the event that any deficiencies are found —

(i) under subsection (1); or

(i) under the control procedures in accordance

with Regulation I/4 of the Annex to the STCW

Convention; or

(iii) according to the quality management system

of ADOMS, the officer carrying out the control

shall forthwith inform in writing the master of

the ship and the Consul of that State, or in his

absence, the nearest diplomatic representative

or the maritime authority, of that State whose

flag the ship is entitled to fly, so that

appropriate action may be taken.

Control

procedures.

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(4) The notification referred to in subsection (3) shall specify

the details of the deficiencies found and the grounds on which

it is determined that these deficiencies pose a danger to persons,

property or the environment.

(5) In exercising control under subsection (1), if, taking into

account the size and type of the ship and the length and nature

of the voyage, the deficiencies referred to in paragraph (3) of

Regulation I/4 of the Annex to STCW Convention are not

corrected and it is determined that these deficiencies pose a

danger to persons, property or the environment, ADOMS shall

ensure that the ship does not sail unless and until these

requirements are met to the extent that the danger has been

removed. The facts concerning the action taken shall be reported

promptly to the Secretary General of IMO.

(6) When exercising control under this section, all possible

efforts shall be made to avoid a ship being unduly detained or

delayed. If a ship is to be detained or delayed the company shall

be entitled to compensation for any loss or damage resulting

therefrom.

(7) This section shall be applied as may be necessary to

ensure that no more favourable treatment is given to ships

entitled to fly the flag of a nonparty than is given to ships entitled

to fly the flag of a Party of the STCW Convention.

71. (1) Trials or series of trials for purposes of experiments on

Antigua and Barbuda registered ships are prohibited.

(2) Any person who contravenes the provisions of subsection

(1) commits an offence, and is liable on conviction to a fine not

exceeding ten thousand dollars.

72. (1) ADOMS may recognise a certificate issued to a seafarer

by or under the authority of a foreign country which is a Party to

the STCW Convention if ADOMS is satisfied and has confirmed

through necessary measures that:

(a) the requirements of the STCW Convention

concerning standards of competence, the issue and

endorsement of certificates and record keeping are

fully complied with; and

Conduct of trials

Recognition of

certificates issued

abroad.

39The Antigua and Barbuda Merchant

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(b) ADOMS will be promptly notified of any significant

change in the arrangements for training and

certifications provided in compliance with the STCW

Convention.

(2) Where ADOMS recognises a certificate pursuant to

subsection (1), it shall endorse such a certificate to attest its

recognition if it is satisfied that the requirements of the STCW

Convention referred to in subsection (1) (a) and (b) have been

and will be complied with.

(3) The endorsement, attesting the recognition of national

certificates issued by a foreign country, shall be in the form of a

separate document in accordance with section A-I/2 of the STCW

Code.

(4) An endorsement issued under subsection (2) is valid for a

period of up to five years from the date of issue and may be

renewed on application in accordance with the provisions of

subsection (1) and section 74.

(5) ADOMS shall not recognise any national certificate issued

by a country which is not a party to the STCW Convention.

73. ADOMS shall not accept seafarers for service on Antigua

and Barbuda registered ships, unless it is satisfied that:

(a) the parties which conduct national training and

assessment of seafarers conduct such training and

assessment in full compliance with the provisions

of the STCW Convention;

(b) the training and assessment of seafarers, as

required under the STCW Convention, are

administered, supervised and monitored in

accordance with the provisions of Section A-I/6

of the STCW Code;

(c) the persons responsible for the training and

assessment of competence of seafarers as required

under the STCW Convention are appropriately

qualified in accordance with the provisions of

section A-I/6 of the STCW Code for the type and

level of training or assessment involved.

Assessment of

seafarers.

40 The Antigua and Barbuda Merchant

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74. (1) The endorsement of a master or other officer which

has been issued under section 72(2) shall not be valid for

seagoing service unless the certificate to which it relates is

revalidated at intervals not exceeding 5 years in order to establish

continued professional competence in accordance with section

A-I/11 of the STCW Code.

(2) A certificate of a category referred to in paragraph 4 of the

Second Schedule shall not be valid for seagoing service unless

it has been revalidated, at intervals not exceeding 5 years, in

order to establish continued professional competence in

accordance with section A-I/11 of the STCW Code.

(3) Every master and officer shall, for continuing seagoing

service on ships referred to in paragraph 5 of the Second

Schedule, successfully complete approved refresher training at

intervals specified by the Party issuing the certificate.

75. Any person who:

(a) fraudulently makes use of or forges any certificate,
endorsement, dispensation, or document

evidencing any qualification or acceptance of a

qualification of any official copy thereof or,

(b) fraudulently makes use of any such document
which is forged, altered, cancelled or suspended or

to which he is not justly entitled, or

(c) fraudulently lends such a document or seafarer’s
book to, or allows the same to be used by any other

person, commits an offence, and is liable on

conviction to a fine not exceeding five

thousand dollars or to imprisonment for three

months, or both.

CHAPTER 2

DISQUALIFICATION OF SEAFARERS AND INQUIRIES

76. (1) If it appears to the Director that an officer —

(a) is unfit to discharge his duties, whether by reason

of incompetence or misconduct or for any other

reason; or

Revalidation of

certificates.

Offences relating

to certificates etc.

Inquiry into fit-
ness or conduct of
officer.

41The Antigua and Barbuda Merchant

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(b) has been seriously negligent in the discharge of his

duties; or

(c) has failed to render such assistance or give such

information as required by section 122; or

(d) obtained his endorsement by reason of false or

erroneous information the Director may refer the

matter to the Tribunal established for the purposes

of this Part and, if he does so, may if he thinks fit,

suspend, pending the outcome of the inquiry, any

endorsement issued to the officer and require the

officer to deliver it to him.

(2) The Tribunal holding an inquiry under this section into

the fitness or conduct of an officer —

(a) may, if satisfied of any of the matters mentioned

in paragraphs (a) to (d) of subsection (1), cancel

or suspend any endorsement issued to him or

censure him;

(b) may make such order with regard to the costs of the

inquiry as they think just; and

(c) shall make a report on the case to the Minister, and

if the endorsement is cancelled or suspended the

officer (unless he has delivered it to the Director in

pursuance of subsection (1)) shall deliver it

forthwith to the Tribunal or the Director.

(3) If the officer fails to deliver an endorsement as required by

subsection (2) he commits an offence, and is liable on summary

conviction to a fine not exceeding one thousand dollars.

(4) Any costs which a person is ordered to pay under
subsection (2) (b) may be recovered from him by the Director.

(5) Where an endorsement is suspended or cancelled under
this section, the Director shall send a copy of the report on the

case and of the evidence to the government of the country which

issued the certificate of the officer concerned.

(6) On the coming into force in Antigua and Barbuda of the

provisions of the STCW Convention affecting the implementation

42 The Antigua and Barbuda Merchant

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of examination and assessment of officers, this section shall

apply to certificates issued to officers as it applies to

endorsements.

77. (1) Where it appears to the Director that a person who is

the holder of a dispensation issued under section 65, or a

qualification accepted under section 73, is unfit to be the holder

of such a certificate or acceptance, whether by reason of

incompetence or misconduct or for any other reason, the Director

may give him notice in writing that he is considering the

suspension or cancellation of the dispensation or acceptance.

(2) The notice must state the reasons why it appears to the

Director that that person is unfit to be the holder of such a

dispensation or acceptance and must state that within a period

specified in the notice, or such longer period as the Director may

allow, he may make written representations to the Director or

claim to make oral representations to the Director.

(3) After considering any representations made in pursuance

of subsection (2) the Director shall decide whether or not to

suspend or cancel the dispensation or acceptance and shall

give the holder of it written notice of his decision.

(4) Where the decision is to suspend or cancel the

dispensation or acceptance the notice shall state the date from

which the cancellation is to take effect, or the date from which

and the period for which the suspension is to take effect, and

shall require the holder to deliver the dispensation or acceptance

to the Director not later than the date so specified.

78. (1) Any endorsement, dispensation or acceptance may

be cancelled, suspended or withdrawn for a specified period by

the Tribunal in the following cases —

(a) if, on any investigation or inquiry made by any court,

tribunal or other authority for the time being

authorised by the legislative authority in any country

outside Antigua and Barbuda and the court, tribunal

or other authority reports that the seafarer is:

(i) incompetent or has been guilty of any act of

gross misconduct;

Further power to

cancel, suspend or

withdraw endorse-

ments etc.

Disqualification

of holder of cer-

tificates other

than officer’s cer-

tificate.

43The Antigua and Barbuda Merchant

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(ii) or in the case of collision, has failed to render

assistance or to give such information as is

referred to in Part V; or

(iii) the loss, stranding or abandonment or damage

to any ship, or loss of life, has been caused by

his wrongful act or default;

(b) if the seafarer is proved to have been convicted:

(i) of any offence under this Act or of any non-

bailable offence committed under any other

law for the time being in force in Antigua and

Barbuda; or

(ii) of an offence committed outside Antigua and

Barbuda which if committed in Antigua and

Barbuda would be a non-bailable offence.

CHAPTER 3

ENGAGEMENT AND DISCHARGE OF CREWS

79. (1) No seafarer may be engaged or carried out to sea to

work in any capacity in any ship unless he possesses the

prescribed qualifications for complete seagoing service and any

related compulsory training and meets the standards of medical

fitness.

(2) Physical fitness in accordance with medical standards are

required for seafarers as a prerequisite for holding a certificate

of competency with particular regard to eyesight and hearing

and in accordance with Section BI/9-1 and 9-2 of the STCW

Code.

(3) On completion of the physical examination a report shall

be issued on behalf of the Government of Antigua and Barbuda

which complies with the requirements of the Medical

Examination Convention 1946 (ILO No. 73) and the STCW

Convention.

(4) The physical examination report may be cancelled or

suspended if an authorised and approved medical practitioner

has reasonable grounds for believing that there has been a

Physical fitness

and medical stan-

dards.

44 The Antigua and Barbuda Merchant

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significant change in the physical fitness of a seafarer or his

condition was 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. 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 granted.

(6) Any person who wilfully conceals any medical history or

mental or physical disability, which might render the applicant

unfit for service on board a ship commits an offence, and is

liable on summary conviction to a fine not exceeding one

thousand dollars; and a certificate of competency or endorsement

which may have been issued to him shall bevoid ab initio and

be immediately cancelled.

80. (1) The master of every ship of over 80 GT shall enter into

an agreement in accordance with this Act with every seafarer

whom he engages and carries to sea as one of his crew.

(2) The agreement made under this section with the several

members of the crew employed on a ship shall be contained in

one document (in this Act referred to as “crew agreement”) except

that in such cases as the Director may approve:

(a) the agreement to be made under this section with

the members of the crew in a ship may be contained

in more than one crew agreement;

(b) one crew agreement may relate to more than one

ship.

(3) The agreement with the crew shall be in the prescribed

form and shall contain the terms and conditions of the

employment of the members of the crew, the duration of the

intended voyage, an indication whether the agreement is for

one voyage or a running agreement covering two or more

voyages, and such other particulars as may be prescribed.

(4) Subject to the following provisions of this section, a crew

agreement shall be carried in the ship to which it relates, whenever

the ship proceeds to sea.

Crew agreement

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(5) The Director may also grant exemptions from the

requirements of this section (whether with respect to particular

seafarers or with respect to seafarers employed by a specified

person or in a specified ship or in the ship of a special person) in

cases where he is satisfied that the seafarers to be employed

otherwise than under a crew agreement will be adequately

protected.

(6) If a ship goes to sea or attempts to go to sea in

contravention of the requirements of this section —

(i) the master or the person employing the crew

commits an offence, and is liable on summary

conviction to a fine not exceeding one

thousand dollars; and

(ii) the ship, if in Antigua and Barbuda, may be

detained.

81. (a) If a seafarer, having signed an agreement, is

discharged otherwise than in accordance with the

terms thereof without fault on his part justifying the

discharge, and without his consent, he shall be

entitled to receive from the master, owner or agent

of the ship, in addition to any wages which he may

have earned, due compensation for the damage

caused to him by the discharge, not exceeding one

month’s wages if the discharge has taken place

before the commencement of the voyage and two

months’ wages, if it has taken place after the

commencement of the voyage.

(b) The compensation payable may be recovered as

wages duly earned.

82. (1) No child, which expression for the purposes of this

section means a person under fifteen years of age, shall be

employed in any Antigua and Barbuda ship.

(2) This section does not apply to a ship in which only

members of one family are employed.

(3) No young person under the age of eighteen years shall be

employed in any capacity in any ship unless there has been

Compensation to

seafarers improp-

erly discharged.

Employment of

children and

young persons as

seafarers.

46 The Antigua and Barbuda Merchant

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delivered to the master of the ship a certificate granted by a duly

qualified medical practitioner certifying that such person is fit to

be employed in that capacity.

(4) Every such certificate:

(a) shall be valid for one year from the date of issue

unless revoked under the provisions of this section;

and

(b) may at any time be revoked by a duly qualified

medical practitioner if he is satisfied that a young

person is no longer fit for work.

(5) No young person under the age of eighteen years shall be

employed or work on any ship as a trimmer or stoker.

83. The provisions relating to the employment of children

and young persons as seafarers shall in no case derogate from

international law in the same field.

84. In no case may crew agreements and contracts of

employment of persons under eighteen years of age on board

ship deprive the courts of Antigua and Barbuda from hearing

and determining disputes relating to them.

CHAPTER 4

PAYMENT OF WAGES

85. The master or owner of an Antigua and Barbuda ship

shall pay to each seafarer belonging to that ship his wages, if

demanded, within two days after the arrival of the ship at the

port where the crew is to be discharged or upon the seafarer’s

discharge, whichever first happens.

86. (1) The master of every ship shall, before paying off or

discharging a seafarer, deliver at the time and in the manner

provided by this Act a full and true account of the seafarer’s

wages and of all deductions to be made therefrom for any reasons
whatever.

(2) The account shall be delivered to the seafarer not less
than twenty-four hours before his discharge or payment off.

No derogation
from interna-
tional law
relating to
employment of
children and
yound persons.

No ousting of ju-

risdiction.

Time and manner

of payment.

Master to deliver

account of wages.

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87. (1) A deduction from the wages of a seafarer shall not be

allowed unless it is included in the account delivered in pursuance

of section 86, except in respect of a matter happening after the

delivery.

(2) The master shall, during the voyage, enter the various

matters in respect of which the deductions are made, with the

amount of the respective deductions as they occur in a book

kept for that purpose, and shall if required produce the book at

the time of the payment of wages and also upon the hearing

before any competent authority of any complaint or question

relating to that payment.

88. (1) When a seafarer is discharged, and the settlement of

his wages completed, he shall sign a release, in an approved

form, of all claims in respect of the past voyage or engagement,

and the release shall be signed by the master or owner of the

ship.

(2) The release, so signed and attested, shall operate as a

mutual discharge and settlement of all demands between the

parties thereto in respect of the past voyage or engagement.

(3) The release shall be delivered to and retained by the owner

for a period of seven years after the expiration of the agreement

and shall be produced on demand made therefor by a Registrar

or other proper officer.

89. Where any question, of whatever nature and whatever

the amount in dispute, between a master or owner and any of his

crew is raised before the Director, and both parties agree in

writing to submit the same to him, the Director shall hear and

decide the question so submitted; and an award made by him on

the submission shall be conclusive as to the rights of the parties,

and a document purporting to be the submission or award shall

be admissible in evidence in the manner provided by this Act.

90. (1) In any proceeding under this Act before the Director

relating to wages, claims or discharge of a seafarer, the Director

may require the owner or his agent or the master or any mate or

other member of the crew to produce any logbooks, papers or

other documents in his possession or power relating to a matter

in question in the proceeding, and may require the attendance

of and examine any of those persons who are then at or near the

place on the matter, and may administer oaths.

Director’s deci-

sion as to wages.

Director may re-

quire ship’s pa-

pers.

Deductions

Settlement of

wages

48 The Antigua and Barbuda Merchant

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(2) In any proceedings under this Act before the Director

relating to the wages, claims or disputes or discharge of seafarers,

all travelling and other expenses incurred by the Director shall

be met by the owner or master of the ship in dispute.

91. Where a seafarer has agreed with the master of an

Antigua and Barbuda ship for payment of his wages in a specific

currency, any payment of or on account of his wages if made in

any other currency than that stated in the agreement, shall,

notwithstanding anything in the agreement, be made at the rate

of exchange for the money stated in the agreement for the time

being current at the place where the payment is made, and such

rate of exchange shall be endorsed on the agreement by a

consular officer at that place.

92. (1) Subject to subsections (2) and (3), the following

provisions shall have effect with respect to the wages due or

accruing to a seafarer employed in a ship registered in Antigua

and Barbuda, that is to say:

(a) the wages shall not be subject to any form of
attachment;

(b) assignments of wages before they have accrued shall
not bind the seafarer and the payment of the wages

shall be in any case valid notwithstanding any

previous assignment or charge;

(c) a power of attorney or authority for the receipt of
wages shall not be irrevocable.

(2) Nothing in this section shall affect the provisions of this

Act with respect to allotment notes.

(3) Nothing in this section applies to application of wages:

(a) in the payment of contributions to a fund designated
by regulations ;

(b) in the payment of contributions in respect of a body

designated by regulations.

93. In any proceedings by the master of a ship or person

employed in a ship otherwise than under a crew agreement for

the recovery of any sum due to him as wages, the court, unless

it appears to it that the delay in paying the sum was due to a

Restriction on as-

signment of and

charge upon

wages.

Rate of exchange.

Power of court to
award interest on
wages due other-
wise than crew
agreement.

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mistake, to a reasonable dispute as to liability or to the act or

default of the person claiming the amount or to any other cause

not being the wrongful act or default of the person liable to make

the payment or his servant or agents, may order them to pay in

addition to the sum due, interest on it at the rate of twenty

percent per annum or such lower rate as the court may specify,

for the period beginning seven days after the sum became due

and ending when the sum is paid.

94. Subject to any regulations made pursuant to section 7, a

seafarer may, by means of an allotment note, allot to any person

part of the wages to which he will become entitled in the course

of his employment in a ship or ships registered in Antigua and

Barbuda.

95. (1) Where the service of any seafarer engaged under this

Act terminates before the date contemplated in the agreement

by reason of the wreck, loss or abandonment of the ship or by

reason of his being left on shore at any place outside Antigua

and Barbuda under a certificate granted under this Act of his

unfitness or inability to proceed on the voyage, the seafarer

shall be entitled to receive:

(a) in the case of wreck, loss or abandonment of the

ship;

(i) wages at the rate to which he was entitled on

the date of termination of his service for the

period from the date his service is so

terminated until he is returned to and arrived

at a proper return port; provided that the

periods for which he shall be entitled to receive

wages shall be not less than one month; and

(ii) compensation for the loss of his effects in the

case of a seafarer employed on a home trade

ship, of not less than one month’s wages; and

in the case of a seafarer employed on a foreign

going ship, of not less than three months

wages;

(b) in the case of unfitness or inability to proceed on

the voyage, wages for the period from the date his

service is terminated until he is returned to and

arrives at a proper return port.

Allotment notes.

Wages on termi-

nation of service

by wreck, illness,

etc.

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(2) A seafarer shall not be entitled to receive wages under

subsection (1) (a) in respect of any period during which:

(a) he was or could have been suitably employed; or

(b) through negligence he failed to apply to the proper

authority for relief as a distressed or destitute

seafarer.

(3) Any amount payable by way of compensation under

subsection (1) (a) (ii) shall be deposited with the Director or

proper officer at the port of engagement in Antigua and Barbuda

for payment to the seafarer or, in the case of a deceased seafarer,

to his legal heirs.

(4) When a ship registered in Antigua and Barbuda is sold

while outside Antigua and Barbuda or ceased to be so registered

and a seafarer’s employment in the ship is thereby terminated

before the date contemplated in the agreement under which he

is so employed, unless it is otherwise provided in the agreement,

he shall, subject to the following provisions of this section, be

entitled to wages at the rate payable under the agreement on the

date on which his employment is terminated for the period for

which he remains unemployed, subject to a maximum period of

two months.

(5) A seafarer shall not be entitled to wages under subsection

(4) for any period for which he was unemployed if it is shown:

(a) that the unemployment was not due to the

termination of his employment on the sale of the

ship or its ceasing to be registered in Antigua and

Barbuda; or

(b) that the seafarer was able to obtain suitable

employment for that period but unreasonably refused

or failed to take it.

96. (1) A seafarer’s lien, his remedies for the recovery of his

wages, his right to wages in case of the wreck or loss of his ship,

and any right he may have or obtain in the nature of salvage

shall not be capable of being renounced by any agreement.

Protection of

rights and rem-

edies.

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(2) Subsection (1) does not affect such of the terms of any

agreement made with the seafarers belonging to a ship which in

accordance with the agreement is to be employed on salvage

service, with respect to the remuneration to be paid to them for

salvage services rendered by that ship.

97. The master of a ship shall have the same rights, liens and

remedies for the recovery of his wages as a seafarer has under

this Act as well as for the recovery of all disbursements or

liabilities properly made or incurred by him on account of the

ship.

98. (1) A deduction from the wages of a seafarer shall not be

allowed unless it is included in the account delivered in pursuance

of section 86, except in respect of a matter happening after such

delivery.

(2) The master shall, during the voyage, enter the various

matters in respect of which the deductions are made, with the

amounts of the respective deductions, as they occur, in a book

kept for that purpose, and shall, if required, produce the book at

the time of payment of wages, and also upon the hearing before

any competent authority of any complaint of question relating

to that payment.

99. (1) The right to wages shall not depend on the earning of

freight, and every seafarer who would be entitled to demand and

recover any wages if the ship in which he has served had earned

freight, shall, subject to all other rules of law and conditions

applicable to the case, be entitled to demand and recover the

same, notwithstanding the freight has not been earned, but in all

cases of wreck, or loss of ship, proof that the seafarer has not

exerted himself to the utmost to save the ship, cargo and stores

shall bar his claim for wages.

(2) Where a seafarer who would be entitled by virtue of this

section to demand and recover any wages dies before the wage

is paid, the wages shall be paid and applied in the same way as

the wages of a seafarer who dies during a voyage.

100. (1) A seafarer shall not be entitled to wages for any time

during which he unlawfully refuses or neglects to work when

required, whether before or after the time fixed by the agreement

for his commencement of such work, or for any period during

Remedies of

master.

Deduction from

wages.

Wages not to de-

pend on freight.

Refusal to work

and illness caused

by his own default.

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which he is lawfully imprisoned for any offence committed by

him, unless the court hearing the case otherwise directs.

(2) Where a seafarer is, by reason of illness, incapable of

performing his duty, and it is proved that the illness had been

caused by his own wilful act or default, he shall not be entitled

to wages for the period during which he is, by reason of the

illness, incapable of performing his duty.

CHAPTER 5

PROVISIONS AS TO DISCIPLINE

101. If any seafarer, on a ship registered in Antigua and

Barbuda, by breach of duty:

(a) does any act tending to the loss or destruction of or

serious damage to the ship, or tending to endanger

the life of or cause injury to any person belonging

to, or on board, the ship; or

(b) refuses or omits to do any lawful act proper and

requisite to be done by him for preserving the ship

from immediate loss, destruction or serious damage,

or for preserving any person belonging to, or on

board, the ship from immediate danger to life or from

injury; he commits an offence, punishable on

summary conviction to a fine not exceeding five

thousand dollars or imprisonment for a term not

exceeding two years, or both.

102. (1) A seafarer engaged on an Antigua and Barbuda ship

who does any of the following acts commits an offence

(a) if he quits the ship without leave after her arrival at
a port and before she is placed in security;

(b) if he wilfully disobeys any lawful command;

(c) if he assaults the master or any mate or officer of
the ship;

(d) if he combines with any of the crew to disobey lawful

commands or to neglect duty or to impede the

navigation of the ship or the progress of the voyage;

Endangering

safety of ship or

of persons on

board.

General offences

against discipline.

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(e) if he wilfully damages his ship or dishonestly

misappropriates or converts to his own use, or

commits criminal breach of trust in respect of, or

wilfully damages, any of her stores or cargo;

(f) if he commits an act of smuggling whereby loss or

damage is occasioned to the master or owner of

the ship;

(2) Any person who commits an offence under subsection

(1) is liable on summary conviction to a fine not exceeding three

thousand dollars, and in the case of an offence under paragraph

(c), (d) or (e) to imprisonment for three months or both.

103. A seafarer who refuses to join the ship or proceed to

sea, if the ship on which he is engaged or to which he belongs is

unseaworthy, shall not be deemed to have committed an offence

against discipline, if the seafarer has, before refusing to do so,

complained to the master or the proper officer that the ship is

unseaworthy.

104. Notwithstanding anything in any agreement a seafarer

employed in a ship registered in Antigua and Barbuda may

terminate his employment in that ship by leaving the ship in

contemplation on furtherance of a trade dispute after giving to

the master not less than forty-eight hours’ notice of his intention

to do so, and shall not be compelled (unless the notice is

withdrawn) to go to sea in the forty-eight hours following the

giving of such notice; but such a notice shall be of no effect

unless at the time it is given the ship is in Antigua and Barbuda

and securely moored in a safe berth.

105. If any offence, within the meaning of this Act, of desertion

or absence without leave or against discipline is committed, or if

any act of misconduct is committed for which the offender’s

agreement imposes a fine, and it is intended to enforce the fine

(a) an entry of the offence or act shall be made in the

official logbook and signed by the master and the

mate or one of the crew;

(b) the offender, if still in the ship, shall, before the next

subsequent arrival of the ship at any port or if she is

at the time in port before her departure therefrom,

Entry of offences

in log-book.

Trade disputes

involving

seafarers.

Refusal to serve

on unseaworthy

ship.

54 The Antigua and Barbuda Merchant

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either be furnished with a copy of the entry or have the

same read over distinctly and audibly to him, and may

thereupon make such reply thereto as he thinks fit;

(c) a statement of a copy of the entry having been so

furnished, or of the entry having been so read over,

and in either case, the reply, if any, made by the

offender shall likewise be entered and signed in the

manner aforesaid; and

(d) in any subsequent legal proceedings the entries by

this section required shall, if practicable, be produced

or proved, and, in default of that production or proof,

the court hearing the case may, in its discretion,

refuse to receive evidence of the offence or act of

misconduct.

106. (1) Any seafarer, who on or before being engaged wilfully

and fraudulently makes a false statement of the name of the ship on

which he served last, or wilfully and fraudulently makes a false

statement of his own name, commits an offence, punishable on

conviction to a fine not exceeding two thousand dollars.

(2) Any fine imposed pursuant to subsection (1) may be

deducted from any wages which the seafarer may earn by virtue

of his engagement and shall, subject to reimbursement of the

loss and expenses, if any, occasioned by any desertion previous

to the engagement, be paid and applied in the same manner as

any other fine under this Act.

107. If it is shown to the satisfaction of the Registrar that a

seafarer is unfit to discharge his duties, whether by reason of

incompetence or misconduct or for any other reason or has

been seriously negligent in the discharge of his duties, the

Registrar may direct that the Seafarer’s Certificate of Discharge

which entitles him to work as seafarer shall be withheld for such

period as may be specified in the direction.

CHAPTER 6

RELIEF AND REPATRIATION OF
SEAFARER LEFT BEHIND

108. (1) Where a seafarer serving in a ship registered in Antigua

and Barbuda —

Suspension of cer-

tificate of dis-

charge.

Maintenance and
repatriation of
seafarers left be-
hind.

Offence of mak-

ing false state-

ment.

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(a) is left behind in any country outside that of

his port of engagement or is taken to such a

country on being shipwrecked;

(b) is discharged without his consent other than

at his port of engagement before the expiration

of the period for which the seafarer was

engaged or apprentice was bound;

(c) is discharged at a port outside his port of

engagement by reason of transfer of registry

or sale of the ship as provided for in section

95 (4) the master or owner of the ship shall, in

addition to any other relative obligation

imposed on either of them by this Act, make

adequate provision for the maintenance of the

seafarer and for the return to a proper port.

(2) The provision to be made may include, in the case of a

shipwrecked seafarer, the repayment of expenses incurred in

bringing him ashore and maintaining him until he is brought

ashore and the payment of the expenses of the burial or cremation

of a seafarer who dies before he can be returned.

(3) If the master or owner fails, without reasonable cause, to

comply with subsection (1), the expenses of maintenance and of

the journey to the proper return port shall, if defrayed by the

seafarer, be recoverable as wages due to him and, if defrayed by

an Antigua and Barbuda diplomatic or consular officer, be

regarded as expenses falling within the scope of section 109.

109. The Antigua and Barbuda diplomatic or consular officer

at or near the place where the seafarer is in distress shall, on

application being made to him by the distressed seafarer, provide

for his return to a proper port and also for his maintenance until

his arrival at such port.

CHAPTER 7

LOG BOOKS

APPROVED BY THE IMO

110. (1) An official logbook meeting international standards

shall be kept in the prescribed form in every Antigua and Barbuda

ship except a ship of less than two hundred GT.

Relief of distressed

seafarers.

Form, mainte-

nance and custody

of log-book.

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(2) An entry required by this Act in an official logbook shall

be made as soon as possible after the occurrence to which it

relates, and if not made on the same day as that occurrence,

shall be made and dated so as to show the date of the occurrence

and of the entry respecting it and if made in respect of an

occurrence happening before the arrival of the ship at her final

port of discharge, shall not be made more than twenty-four hours

after that arrival.

(3) Every entry in the official logbooks shall be signed by the

master and by an officer or some other member of the crew and

also, if it is an entry of illness, injury or death, shall be signed by

the surgeon or medical practitioner on board, if any.

(4) Every entry made in an official logbook in the manner

provided by this Act shall be admissible in evidence.

111. The master of a ship for which an official logbook is

required shall enter or cause to be entered in the official logbook

at least the following matters, namely:

(a) every conviction by a court of competent jurisdiction

of a member of his crew and the punishment inflicted;

(b) every offence committed by a member of his crew

for which it is intended to prosecute or to enforce a

forfeiture or to exact a fine together with such

statement concerning the copy or reading over of

that entry and concerning the reply, if any, made to

the charge as required by this Act;

(c) every offence for which punishment is inflicted on

boardand the punishment inflicted;

(d) every case of illness or injury happening to a member

of the crew with the nature thereof and the medical

treatment adopted, if any;

(e) every refusal of a member of the crew to take anti-

scorbutics or medicines;

(f) every birth of a child and death of a person

happening on board together with such particulars

of those occurrences as may be prescribed;

Entries required in

official log-book.

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(g) the name of every seafarer who ceases to be a member

of the crew otherwise than by death, with the place,

time, manner and cause thereof;

(h) the wages due to any seafarer who dies during the

voyage and the gross amount of all deductions to

be made therefrom;

(i) the money and other property taken over of any

seafarer who dies during the voyage;

(j) the sale of the effects of any seafarer who dies

during the voyage including a statement of each

article sold and the sum received for it;

(k) every collision with any other ship and the

circumstances under which the same occurred and

other accidents causing damage to the ship or cargo;

(l) the date and time of posting up in the ship of a

notice containing particulars of the ship’s draught

and freeboard;

(m) any matter required by the ISPS Code to be entered

in the official log book;

(n) any act or attempted act of piracy;

(o) any extreme or unusual weather; and

(p) any other matter directed by this Act or required by

a Convention to which Antigua and Barbuda is a

party.

112. (1) If a ship is lost or abandoned, the master or owner

thereof shall, if practicable, and as soon as possible, deliver or

transmit to the Director the official logbook duly made out to the

time of the loss or abandonment.

(2) The owner or master of a ship who fails, without reasonable

cause, to comply with this section commits an offence and is

liable on summary conviction to a fine not exceeding one

thousand dollars.

113. (1) If an official logbook is not kept in the manner required

by this Act, or if any entry directed by this Act to be made

Offences in re-

spect of logbook.

Delivery of offi-

cial logbook to

Director when not

required.

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therein is not made at the time and in the manner directed by this

Act, the master of the ship commits an offence.

(2) Any person who makes, or procures to be made, or assists

in making an entry in an official log book in respect of any

occurrence happening previous to the arrival of the ship at her

final port of discharge more than twenty-four hours after that

arrival commits an offence.

(3) Any person who wilfully destroys or mutilates or renders

illegible an entry in an official log book, or wilfully makes or
procures to be made or assists in making a false or fraudulent
entry in, or omission from, an official log book, commits an
offence.

(4) Any person convicted of an offence under this section is

liable to a fine not exceeding one thousand dollars.

114. (1) Every person employed on an Antigua and Barbuda

ship shall have in his possession an official Antigua and Barbuda

seafarer’s identification book, containing any certificates,

endorsements or entries of special qualification issued to the

holder.

(2) Subsection (1) does not apply to any person who is employed
on a passenger ship where he is not assigned or required to perform
ship safety and pollution related shipboard duties.

(3) Every applicant making first application for a seafarer’s

book must show evidence of having received basic training or

instruction as applicable in personal survival, fire prevention
and fire fighting, elementary first aid, and personal safety and

social responsibilities, in accordance with section A VI/1 of

STCW Code.

(4) Any seafarer serving aboard an Antigua and Barbuda

ship, being the holder of a valid seafarer’s identity document

issued by another State, is eligible to apply for an Antigua and

Barbuda seafarer’s book.

CHAPTER 8

RIGHTS AND DUTIES OF MASTER

115. The master shall exercise command of the ship and have,

among others, the following rights and duties:

Rights and duties

of master.

Seafarer’s book

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(a) he shall be responsible for maintaining order and

discipline on board;

(b) he shall ensure compliance, so far as they relate to

his ship, with the laws of Antigua and Barbuda, and

with maritime conventions to which Antigua and

Barbuda is a party;

(c) he shall assume full responsibility for the safety

and security of the ship, passengers, crew and cargo,

and shall take all necessary and appropriate steps in

this behalf;

(d) he shall assume full responsibility for navigation

at all times and he is bound to be in personal

control of the ship when entering or leaving ports,

canals and rivers and also while within port areas;

the employment of a pilot or tug boat on such

occasions, as required under the local laws, does

not relieve him of his responsibility for the safety

of the ship;

(e) he shall take care at the beginning of and during the

voyage that the ship is seaworthy in all respects,

that the cargo has been properly loaded and secured

and that all reasonable measures have been taken to

protect the cargo from damage, pilferage or loss;

(f) while away from home port, he shall have authority,

if necessary, to raise loans and enter into contracts

in the name of the owners or take such other steps

as may be considered necessary, for carrying out

repairs, for supplying the ship with bunkers,

provisions, stores and similar articles in order to

avoid detention to the ship on its voyage;

(g) he shall ensure that the ship’s log book are properly

and correctly maintained and shall keep in his

custody the log book and all other ship’s documents;

(h) he shall render, so far as he can do so without

jeopardising the safety of the ship and persons on

board, every assistance to ships and persons in

distress at sea as required under section 122;

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(i) in the event of the ship encountering foul weather

or any other accident during a voyage causing

damage to or loss of cargo, he shall, at the next port

of call, file a marine protest with the prescribed

authority giving a detailed description of the

accident;

(j) when the ship is at sea, he is authorised to —

(i) issue birth certificates for children born at sea;

(ii) bury persons who have died on board the

ship;

(k) he shall, when the ship is in imminent danger of loss

or destruction, take all possible measures to save

first the passengers and then the crew; he should

be the last to leave the ship, and shall take care, if

possible, to save the log book and other documents

of the ship and valuables and money belonging to

the ship.

PART V

SAFETY OF NAVIGATION

CHAPTER 1

GENERAL

116. The company and the master shall ensure that every

ship is manned with the prescribed complement of crew, duly

certificated, applicable to the intended voyage, and that during

such voyage it is kept so manned.

117. (1) The master of every Antigua and Barbuda ship shall

cause to be entered in the official log book a statement or, if

there is no official log book, cause other record to be kept, of

every occasion on which boat drill or fire drill is practised on

board the ship; and if—

(a) in the case of a passenger ship, boat drill or fire drill

is not practised on board the ship in any week;

Prescribed

complement of

certificated crew.

Record of boat

drill or fire drill.

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(b) in the case of any other ship, boat drill or fire drill is

not practised on board the ship in any two weeks,

the master shall cause a statement to be entered or

other record to be kept as aforesaid of the reasons

why the drill was not practised in that week or two-

weeks period, as the case may be.

(2) The master of a ship who fails to comply with the

requirements of this section commits an offence and liable on

summary conviction to a fine not exceeding one thousand dollars.

118. (1) Without prejudice to Regulation I/11 of the SOLAS

Convention, when any ship to which this section applies —

(i) has sustained or caused any accident, or a

defect is discovered, which affects the

efficiency or completeness of its lifesaving

appliances or other equipment; or

(ii) has been in collision with another ship, the

master shall transmit to the Director a report
of the accident or defect, and of the probable
cause thereof, stating the name of the ship,
her official number, if any, and the port at which
she is registered.

(2) Without prejudice to Regulation I/11 of the SOLAS
Convention —

(a) if the managing owner, or in the event of there being
no managing owner or no such owner resident in

Antigua and Barbuda, the agent, of any ship to which

this section applies has reason to believe that the

ship has sustained or caused any such accident, or

any such defect has occurred, he shall satisfy

himself that the accident or damage has been

reported by the master as required by subsection

(1); and

(b) if any such managing owner or agent has reason to

apprehend that the accident or damage has not been

so reported, he shall as soon thereafter as possible,

send to ADOMS notice in writing stating the name

of the ship, her official number if any, and the port at

which she is registered or to which she belongs,

and stating also, to the best of his knowledge and

Report of acci-

dent and loss of

ship.

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belief, the nature and extent of the accident or

damage, the probable cause thereof and the place

where the ship then is.

(3) This section applies to any ship to which any such

accident or damage as is mentioned in the foregoing provisions

of this section occurs or is believed to have occurred, on or near

the coasts of Antigua and Barbuda.

(4) The master or managing owner or agent who fails, without

reasonable cause, to comply with this section commits an offence

and is liable on summary conviction to a fine not exceeding two

thousand dollars.

119. (1) If the managing owner or, in the event of there being

no managing owner, or no such owner resident in Antigua and

Barbuda, the agent of any ship to which this section applies,

has reason, owing to the nonappearance of the ship or to any

other circumstance, to apprehend that the ship has been totally

lost, he shall, as soon thereafter as possible, send to ADOMS

notice in writing stating —

(i) the name of the ship,

(ii) her official number, if any, and

(iii) the port at which she is registered, and stating

also to the best of his knowledge and belief,

the probable cause of the loss.

(2) This section applies to:

(a) Antigua and Barbuda ships; and

(b) other ships which are lost or are supposed to have

been lost on or near the coasts of Antigua and

Barbuda.

(3) A managing owner or agent who fails without

reasonable cause to comply with this section within a reasonable

time commits an offence and is liable on summary conviction to

a fine of two thousand dollars.

Apprehended loss

of the ship.

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CHAPTER 2

PREVENTION OF COLLISIONS

120. (1) This section applies to —

(a) ships which are registered in Antigua and Barbuda;

(b) other ships while they are in Antigua and Barbuda

waters;

(c) seaplanes on the surface of the water which are

registered in Antigua and Barbuda;

(d) other seaplanes on the surface of the water while

they are in Antigua and Barbuda waters.

(2) In this section, “master” includes pilot of a seaplane.

(3) Ships and seaplanes to which this section applies shall

use the signals of distress set out in Annex IV of the Collision
Regulations Convention.

(4) Ships and seaplanes to which this section applies shall

comply with the provisions of the Collision Regulations

Convention:

Provided that nothing in this subsection shall be taken to
require compliance by any ship or class of ships, which in
pursuance of the Collision Regulations Convention or a
provision thereof has been exempted from compliance
with the same.

(5) Where subsection (3) or (4) is contravened, the owner of
the ship or seaplane and the master commits an offence
and is liable on summary conviction —

(a) in the case of a contravention of Rule 10 (b) (i) of
the Rules annexed to the Collision Regulations

Convention, to a fine not exceeding fifty thousand

dollars or a term of imprisonment not exceeding two

years or to both;

(b) in all other cases, to a fine not exceeding five

thousand dollars or to a term of imprisonment not

exceeding six months or to both;

Collision Regula-

tions.

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(6) If any damage to property arises from the nonobservance

of Collision Regulations Convention, the damage shall be

deemed to have been caused by the wilful default of the person

in charge of the ship, seaplane or other craft at the time, unless

it is shown to the satisfaction of the court that the circumstances

of the case made a departure from the Collision Regulations

Convention necessary.

121. (1) In every case of collision involving an Antigua and

Barbuda ship, in which it is practicable to do so, the master of

the ship shall, immediately after the occurrence, cause a statement

thereof, and of the circumstances under which the same occurred,

to be entered in the official log book, and the entry shall be

signed by the master, and also by the mate or one of the crew.

(2) Any master who fails to comply with this section commits

an offence and is liable on summary conviction to a fine not

exceeding one thousand dollars.

122. (1) In every case of collision between two ships, it shall

be the duty of the master or person in charge of each ship, if and

so far as he can do so without danger to his own ship, crew and

passengers (if any)

(a) to render to the other ship, and to her master, crew

and passengers (if any), such assistance as may be

practicable and as may be necessary to preserve

them from the danger caused by the collision, and

to stay by the other ship until he has ascertained

that she has no need of further assistance; and also

(b) to give to the master or person in charge of the other

ship the name of his own ship and the port to which

she belongs, and also the names of the ports from

which she comes and to which she is bound.

(2) If the master or person in charge fails without reasonable

cause to comply with this section, he commits an offence and is

liable on conviction to a fine not exceeding three thousand dollars

and imprisonment for three months.

(3) This section applies in relation to Antigua and Barbuda

ships wherever they be, and other ships when in Antigua and

Barbuda waters.

Collisions to be

entered in the of-

ficial log-book.

Duty to assist in

case of collision.

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(4) The failure of the master or person in charge of a ship to

comply with the provisions of this section shall not raise any

presumption of law that the collision was caused by his wrongful

act, neglect or default.

CHAPTER 3

SAFETY AND SECURITY AT SEA

123. The provisions of the articles of, and the Annex and

Protocols to, the SOLAS Convention shall have the force of law.

124. Notwithstanding anything to the contrary in Regulation

1 of Part A of Chapter I of the Annex to the SOLAS Convention,

the SOLAS Convention shall apply mutatis mutandis to ships

entitled to fly the flag of a country or territory to which the

SOLAS Convention does not apply or is not yet in force while

such ships are in Antigua and Barbuda engaged on international

voyages.

125. Any Antigua and Barbuda ship to which the SOLAS

Convention applies shall be subject to such initial, renewal,

additional, periodical, annual, enhanced and other surveys as

the SOLAS Convention requires.

126. (1) Every Antigua and Barbuda ship which has been

satisfactorily surveyed may be issued with an appropriate SOLAS

Convention certificate issued by or on behalf of the Director.

(2) No Antigua and Barbuda ship shall proceed to sea on

international voyage unless there is in force in respect of the

ship such valid SOLAS Convention certificates as it is required

to have, and the ship is marked with an identification number as

required by the SOLAS Convention.

(3) If a ship proceeds or attempts to proceed to sea in

contravention of subsection (2), the owner and master commits

an offence and is liable on summary conviction to a fine not

exceeding ten thousand dollars or to imprisonment not exceeding

three months, or to both.

127. In any case where a ship does not comply with the

SOLAS Convention, the ship shall be liable to be detained

Surveys.

Certification.

International

convention on

the safety of life

at sea (SOLAS)

Application of

SOLAS to non-

Convention ships.

Detention.

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provided that a ship shall not be unreasonably delayed or

detained.

128. (1) It shall be the duty of the owner and the master of

the ship to comply with and ensure compliance with the

provisions of the SOLAS Convention.

(2) It shall be the duty of any person —

(a) upon whom an obligation is imposed by the SOLAS

Convention; or

(b) to whom a direction is given in pursuance of the

SOLAS Convention (whether under subsection (1)

or otherwise), to comply or ensure compliance with

the SOLAS Convention.

(3) Where any natural or legal person other than a person

specified in subsection (1) has control of the matter to which the

subsection relates because he has responsibility for the

operation of the ship, then any duty imposed by that subsection

shall extend to the person who has control of that matter.

(4) Where a person specified in subsection (1), (2) or (3)

contravenes the respective subsection that person commits an

offence and is liable on summary on conviction to a fine not

exceeding five thousand dollars or to a term of imprisonment of

three months or to both.

(5) In proceedings for an offence under subsection (4), it

shall be a defence —

(a) for the accused to prove that he used all due

diligence to ensure compliance; or

(b) for an owner or master to prove that he did not have

control of the matter to which the offence relates

because he did not have responsibility for the

operation of the ship and that duty was imposed by

subsection (3) on a person who had control of that

matter.

General compli-

ance duty, and of-

fences.

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129. (1) No person shall —

(a) intentionally alter a certificate issued for the
purposes of the SOLAS Convention;

(b) falsely make a certificate referred to in the SOLAS
Convention;

(c) in connection with any survey required by the
SOLAS Convention, knowingly or recklessly furnish
false information;

(d) with intent to deceive, use, lend, or allow to be used
by another, a certificate referred to in the SOLAS

Convention;

(e) fail to surrender a certificate to be surrendered issued
for the purposes of the SOLAS Convention.

(2) A person who contravenes subsection (1) commits an

offence and is liable on summary conviction to a fine not
exceeding five thousand dollars or to imprisonment not exceeding
three months, or to both.

130. Before a ship proceeds to sea from any port in Antigua
and Barbuda the master of that ship shall produce to a customs
officer from whom a clearance for the ship is demanded for an

international voyage

(a) in respect of a ship to which the SOLAS Convention
applies, certificates required to be issued to such a
ship complying with the relevant provisions of the
SOLAS Convention, and in the case of any qualified

certificate, the corresponding valid exemption
certificate;

(b) in respect of an Antigua and Barbuda ship required
to possess a local safety certificate, a valid local
safety certificate.

131. In the case of any ship —

(a) if the ship is required, by the SOLAS Convention or
under this Act, to be provided with safety appliances
and proceeds on any voyage or excursion without

being so provided in accordance with the rules
applicable to the ship;

Customs clearance

Breach of safety

rules: offences by

owners.

Fraud, misuse of

certificates etc.

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(b) if any of the safety appliances with which the ship is

so provided are lost or rendered unfit for service in

the course of the voyage or excursion through the

wilful or negligence of the owner or master;

(c) if the owner or master wilfully neglects to replace or

repair, at the first opportunity, any such appliances

lost or injured in the course of the voyage or

excursion;

(d) if such appliances are not kept so as to be at all

times fit

and ready for use;

(e) if any provision relating to safety of life at sea

applicable to the ship, save such provisions as relate

to the carriage of dangerous goods, is contravened

or not complied with;

the owner of the ship commits an offence and is liable on

summary conviction to a fine not exceeding five thousand

dollars.

132. Where an exemption certificate, issued in respect of an

Antigua and Barbuda ship, specifies any conditions on which

the certificate is issued and any of these conditions is not

complied with, the owner or master of the ship commits an offence

and is liable on summary conviction to a fine not exceeding

three thousand dollars.

133. (1) The Director may relieve any Antigua and Barbuda

or the owner of any ship to which this section applies from

compliance with any of the provisions of this Part or regulations

made under this Act relating to inspection, in any specified case

of emergency where the Director may deem it necessary or

advisable in the public interest, to such extent and in such

manner and upon such terms as he may consider proper in the

circumstances;

but the Director shall not relieve the ship or owner from

compliance with any such provision to such extent or in such

manner as would permit any ship to proceed to sea or to make

any voyage or trip in an unseaworthy or unsafe condition.

Penalty for non-

compliance with

conditions of ex-

emption certifi-

cate.

Exemption for

non-SOLAR con-

vention ships

from compliance

with this part.

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(2) This section does not apply to ships to which the SOLAS

Convention or Load Lines Convention applies.

CHAPTER 4

LOAD LINES

134. The provisions of the articles of, and the Annexes and

Protocol to, the Load Line Convention shall have the force of

law.

135. For the purposes of the Load Line Convention and this

Chapter

“Assigning Authority” shall in reference to Antigua and

Barbuda means the Director and any other person or

organisation appointed or authorised by the Director for

the purpose of the Load Line Convention.

136. Notwithstanding anything to the contrary in Article 4

of the Load Line Convention, the Load Line Convention shall

apply mutatis mutandis to ships entitled to fly the flag of a

country to which the Load Line Convention does not apply

while such ships are in Antigua and Barbuda and engaged on

international voyages.

137. (1) The Assigning Authority shall assign freeboards to

an Antigua and Barbuda ship in accordance with the

requirements of Annex I of the Load Line Convention.

(2) The Assigning Authority shall —

(a) determine the particulars of the freeboard to be

assigned;

(b) determine which of the load lines described in Annex

I of the Load Line Convention are to be marked on

the sides of the ship in accordance with the

requirements of that Annex;

(c) determine the position where the load lines, to

deck-line and the load line mark are to be so

marked; and

International

convention on

load lines 1966

to have the force

of law.

Application of

load Line

convention to

nonconvention

ships.

Interpretation of

load line conven-

tion.

Assignment of

freeboards.

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(d) complete a copy of the record of particulars relating

to the conditions of assignment.

138. (1) It shall be the duty of the owner and the master of

the ship to comply with and ensure compliance with the

provisions of the Load Line Convention.

(2) It shall be the duty of any person —

(a) upon whom an obligation is imposed by the Load

Line Convention; or

(b) to whom a direction is given in pursuance of the

Load Line Convention (whether under subsection

(1) or otherwise), to comply or ensure compliance

with the Load Line Convention.

(3) After the appropriate load line marks have been made on a

ship —

(a) it shall be the duty of the owner and master to keep

the ship so marked;

(b) the marks shall not be concealed, removed, altered,

defaced or obliterated except with the authority of

the Assigning Authority.

(4) Where any natural or legal person other than a person

specified in subsection (1) or (3) has control of the matter to

which the subsection relates because he has responsibility for

the operation of the ship, then any duty imposed by that

subsection shall extend to the person who has control of that

matter.

139. No person shall —

(a) intentionally alter a certificate referred to in the Load
Line Convention;

(b) falsely make a certificate referred to in the Load Line
Convention;

(c) in connection with any survey required by the Load

Line Convention, knowingly or recklessly furnish false

information;

General

compliance.

Fraud, misuse etc

of certificates.

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(d) with intent to deceive, use, lend, or allow to be used

by another, a certificate referred to in the Load Line

Convention;

(e) fail to surrender a certificate required to be

surrendered under the Load Line Convention.

140. (1) Where a person specified in section 138 or 139

contravenes the respective section, that person commits an

offence and is liable on summary conviction to a fine not

exceeding five thousand dollars or imprisonment for a term not

exceeding six months, or to both.

(2) Where a ship:

(a) is in salt water and has no list and is so loaded that

the appropriate load line is submerged;

(b) if not in salt water, is so loaded that if it were in salt

water and had no list it would be submerged;

the owner and the master commits an offence and each is liable

on summary conviction to a fine not exceeding fifty thousand

dollars and an additional fine not exceeding five thousand dollars

for each complete centimetre by which the appropriate load line

on each side of the ship is submerged or would be submerged as

the case may be.

(3) Where a person is charged with an offence under

subsection (1), it shall be a defence

(a) for the accused to prove that he used all due

diligence to ensure compliance;

(b) for an owner or master to prove that he did not have

control of the matter to which the offence relates

because he did not have responsibility for the

operation of the ship and that duty was imposed by

subsection (4) of section 138 on a person who had

control of that matter.

(4) Where a person is charged with the offence referred to in

subsection (2), it shall be a defence (in addition to the defences

available under subsection (3), to prove that the contravention

Offences.

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was due solely to deviation or delay and that the deviation or

delay was caused solely by stress of weather or other

circumstances which neither the master nor the owner nor the

charterer (if any) could have prevented or forestalled.

141. (1) Notwithstanding anything to the contrary in Article

21 of the Load Line Convention, before any ship subject to the

Load Line Convention proceeds to sea from any port in Antigua

and Barbuda the master of that ship shall produce to a customs

officer from whom a clearance for the ship is demanded for an

international voyage

(i) an International Load Line Certificate;

(ii) an International Load Line Exemption

Certificate.

142. In any case where a ship does not comply with the Load

Line Convention she may be detained, provided that the ship

shall not be unreasonably detained or delayed.

CHAPTER 5

DANGEROUS GOODS

143. (1) The master or owner of any ship may refuse to take

on board any package or parcel which he suspects to contain

any dangerous goods, and may require it to be opened to

ascertain the fact.

(2) When any dangerous goods, or any goods which, in the

judgment of the master or owner of the ship, are dangerous

goods, have been sent on board any ship without the marking

or the notice required by the IMDG Code, the master or owner of

the ship may cause the goods, together with any packaging or

container thereof, to be thrown overboard, and neither the master

nor the owner of the ship shall be subject to any liability, civil or

criminal, in any court in respect thereof.

(3) For the purposes of this section, “dangerous goods”

means any goods defined as such in the IMDG Code.

(4) This section shall apply to —

Detention

Carriage of dan-

gerous goods.

Clearance

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(a) Antigua and Barbuda ships;

(b) other ships while they are within any port in Antigua

and Barbuda, or are embarking or disembarking

passengers, or loading or discharging cargo or fuel,

within Antigua and Barbuda waters.

CHAPTER 6

UNSEAWORTHY SHIPS

144. (1) Any person, who sends or attempts to send, or is

party to sending or attempting to send, an Antigua and Barbuda

ship to sea in such an unseaworthy state that the life of any

person is likely to be thereby endangered, commits an offence

and is liable on summary conviction to a fine not exceeding ten

thousand dollars or imprisonment for a term not exceeding six

months, or to both, unless he proves either that he used all

reasonable means to ensure her being sent to sea in a seaworthy

state, or that her going to sea in such an unseaworthy state was,

under the circumstances, reasonable and justifiable.

(2) The master of an Antigua and Barbuda ship who knowingly

takes the ship to sea in such an unseaworthy state that the life

of any person is likely to be thereby endangered commits an

offence and is liable on summary conviction to a fine not

exceeding ten thousand dollars and imprisonment to a term not

exceeding six months, unless he proves that her going to sea in

such an unseaworthy state was, in the circumstances, reasonable

and justifiable.

145. (1) Where, whether on complaint or representation made

to him or otherwise, an inspector has reason to believe that any

Antigua and Barbuda ship, or any foreign ship in a port in Antigua

and Barbuda, is an unsafe ship he may cause her to be detained,

until he is satisfied that she is fit to proceed to sea.

(2) Where a ship has been dealt with under subsection (1),

the inspector may inspect or survey, or cause to be inspected or

surveyed, the ship to investigate any defects believed to exist.

(3) The owner or master of a ship or an appropriate consular

officer may require that a person of his choice shall accompany

any person making an inspection or survey under this section.

Sending unsea-

worthy ship to

sea.

Unseaworthy ship

to be detained etc.

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(4) An inspector acting under this section, shall, as soon as

practicable after action is completed therein, forward a full report

thereof to the Director together with copies of any reports made

upon inspection or survey.

(5) 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 such 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.

(6) Before any action is taken under this section as a result of

a complaint, the inspector shall assure himself, by all means at

his disposal, that the complaint is not of a trivial, frivolous or

vexatious nature.

(7) In this section, “unsafe ship” means a ship which is, by

reason of the defective condition of her hull, equipment or

machinery, or by reason of undermanning, overloading or

improper loading, unfit to proceed to sea without serious danger

to human life, having regard to the nature of the service for

which she is intended.

146. (1) If it appears that there was not reasonable and

probable cause, by reason of the condition of the ship or the

act or default of the owner, for the detention of a ship under

this Part as an unsafe ship, ADOMS shall be liable to pay to

the owner of the ship his costs of any incidental to the

detention and survey of the ship, and also compensation for

any loss or damage sustained by him by reason of the

detention or survey.

(2) If a ship is detained under this Act, and the ship was, at

the time of detention, an unsafe ship within the meaning of this

Part, the owner of the ship shall be liable to pay to ADOMS any

costs of, and incidental to, the detention and survey of the ship,

and those costs shall, without prejudice to any other remedy, be

recoverable as salvage is recoverable.

147. (1) Where a complaint is made to the Director, or an

inspector that an Antigua and Barbuda ship is unsafe, the Director

or inspector may, if he thinks fit, require the complainant to give

security to his satisfaction for the costs and compensation which

he may become liable to pay as hereinafter mentioned:

Liability for costs

and damages.

Power to require

from complainant

security for costs.

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Provided that such security shall not be required where the

complaint is made by one-fourth, being not less than three, of

the seafarers belonging to the ship, and is not in the opinion of

the Director or inspector frivolous or vexatious, and the Director

or inspector shall, if the complaint is made in sufficient time

before the sailing of the ship, take proper steps for ascertaining

whether the ship ought to be detained.

(2) Where a ship is detained in consequence of any complaint,

and the circumstances are such that the Director is liable under

this Act to pay to the owner of the ship any costs or compensation,

the complainant shall be liable to pay to the Director all such costs

and compensation as the Director incurs or is liable to pay in respect

of the detention and survey of the ship.

PART VI

MARITIME SECURITY

CHAPTER 1

PRELIMINARY

148. (1) The purpose of this Part is to supplement section 123

(SOLAS Convention to have force of law) in providing special

measures to enhance maritime security.

(2) Words used in this Part have the same meaning as they

have in, or for the purposes of, Chapter XI-2 of the SOLAS

Convention.

(3) In this Part —

“Designated Authority” means the organisation or the

administration within the Government of Antigua and Barbuda

identified, as responsible for ensuring the implementation of

the provisions of Chapter XI-2 of the SOLAS Convention

pertaining to port facility security and ship/port interface,

from the point of view of the port facility;

“port facility operator” means any person operating a port

facility or such other person as may be designated for the

purposes of this Part as port facility operator for one or more

port facilities by the Designated Authority;

Interpretation of

Part VI

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“recognised security organisation” means an organisation

with appropriate expertise in security matters and with

appropriated knowledge of ship and port operations

authorised to carry out an assessment, or a verification, or an

approval or a certification activity, required by this Chapter

or by Part A of the ISPS Code;

“restricted zone” means a zone to which access is restricted

for security reasons pursuant to this Part.

(4) For the purposes of this Part a person is permitted to have

access to a restricted zone of a port facility if he is permitted to

enter that zone or if arrangements exist for permitting any of his

employees or agents to enter that zone.

149. (1) Subject to subsection (5), this Part applies to —

(a) the following ships engaged on international

voyages:

(i) passenger ships, including high-speed

passenger craft;

(ii) cargo ships, including high-speed craft, of 500

tons or more; and

(iii) mobile offshore drilling units; and

(b) port facilities serving such ships engaged on

international voyages.

(2) This Part shall also apply to any port facility specified in a

Notice issued by the Minister which, although used primarily

by ships not engaged on international voyages, is required,

occasionally, to serve ships arriving or departing on international

voyages.

(3) A Notice referred to in subsection (2) shall not be issued

without a port facility security assessment for that port facility

having been done in accordance with the ISPS Code. The Notice

shall specify the extent of application of this Part and the relevant

sections of Part A of the ISPS Code to the facility.

Application

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(4) Any Notice under subsection (2) shall not compromise

the level of security intended to be provided by this Part and by

the ISPS Code.

(5) This Part does not apply to —

(a) warships;

(b) naval auxiliaries; or

(c) other ships owned or operated by parties to the

SOLAS Convention and use only on Government

noncommercial service.

CHAPTER 2

SHIPS

150. (1) Companies shall comply with the relevant

requirements of this Part with the ISPS Code. In particular, and

without prejudice to any other duties the Company shall ensure

that:

(a) a company security officer is appointed, and is

properly trained and qualified in his duties and

responsibilities;

(b) a ship security officer is appointed for each of its

ships and is properly trained and qualified in his

duties and responsibilities;

(c) each ship has a ship security plan;

(d) the master has available on board, at all times,

information through which officers duly authorised

by any State can establish:

(i) who is responsible for appointing the

members of the crew or other persons currently

employed or engaged on board the ship in

any capacity on the business of that ship;

(ii) who is responsible for deciding the

employment of the ship; and

Requirements for

companies.

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(iii) in cases where the ship is employed under

the terms of charter party or parties, who are

the parties to such charter party or parties.

(2) Any Company which fails to comply with this section

commits an offence and is liable on summary conviction to a

fine not exceeding ten thousand dollars.

151. (1) (a) Every ship security plan and amendment there to

shall be submitted to the Director, or to a recognised

security organisation he authorises on his behalf,

for approval in accordance with the ISPS Code.

(b) A recognised security organisation authorised under

paragraph (a) shall not have been involved in the

preparation of the ship security plan or the

amendment in question.

(2) The Director shall determine which changes to an

approved ship security plan or to any security equipment

specified in an approved plan shall not be implemented unless

the relevant amendments to the plan are approved by the Director

or the relevant recognised security organisation. Any such

changes shall be at least as effective as those measures

prescribed in Chapter XI-2 of the SOLAS Convention and in the

ISPS Code.

(3) Any company which does not comply with subsection

(1), or otherwise fails to comply with the ISPS Code, commits an

offence and is liable on summary conviction to a fine of ten

thousand dollars.

152. (1) The company security officer shall perform the

responsibilities and duties specified in this Part and in the ISPS

Code.

(2) Any contravention of this section by the company security

officer is an offence and liable on summary conviction to a fine

not exceeding two thousand dollars.

153. (1) The ship security officer shall perform the

responsibilities and duties specified in this Part and in the ISPS

Code.

Company secu-

rity officer.

Ship security of-

ficer.

Ship security

Plans.

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(2) Any contravention of this section by the ship security

officer shall be an offence and liable on summary conviction to

a fine not exceeding two thousand dollars.

154. (1) Ships shall comply with the relevant requirements of

this Part and of the ISPS Code.

(2) Prior to entering a port or whilst in a port within the territory

of any other State, a ship shall comply with the requirements for

the security level set by that State, if such security level is higher

than the security level set by the Director for that ship.

(3) Ships shall respond without undue delay to any change

to a higher security level.

(4) Where a ship is not in compliance with the requirements

of this Part or of the ISPS Code, or cannot comply with the

requirements of the security level set by the Director or by another

contracting government and applicable to that ship, then the

ship shall notify the appropriate competent authority prior to

conducting any ship/port interface or prior to entry into port,

whichever occurs earlier.

155. (1) Ships shall be provided with a ship security alert

system in accordance with Chapter XI-2 of the SOLAS

Convention.

(2) The ships security alert system shall comply with Chapter

XI-2 of the SOLAS Convention.

(3) The ship security alert system shall:

(a) be capable of being activated from the navigation

bridge and in at least one other location; and

(b) conform to performance standards not inferior to

those adopted by IMO.

(4) The ship security alert system points shall be designed so

as to prevent the inadvertent initiation of the ship security alert.

(5) The requirement for a ship security alert system may be

complied with by using the radio installation fitted for compliance

with the requirements of Chapter IV of the SOLAS Convention,

provided all requirements of this section are complied with.

Ship security alert

system.

Requirements for

ships.

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(6) Any contravention of subsections (1) to (4) is an offence

by the company and the master and on summary conviction are

liable to a fine not exceeding ten thousand dollars.

156. (1) (a) The master of an Antigua and Barbuda ship shall

not be constrained by the Company, the charterer or

any other person from taking or executing any

decision which, in the professional judgment of the

master, is necessary to maintain the safety and

security of the ship.

(b) This includes denial of access to persons (except

those identified as duly authorised by a Contracting

Government) or their effects and refusal to load

cargo, including containers or other closed cargo

transport units.

(2) (a) Where, in the professional judgment of the master,

a conflict between any safety and security requirements

applicable to the ship arises during its operations, the

master shall give effect to those requirements necessary

to maintain the safety of the ship.

(b) In such cases, the master may implement temporary

security measures and shall forthwith inform the

Director and, if appropriate, the Contracting

Government in whose port the ship is operating or

intends to enter.

(c) Any such temporary security measures under this

section shall, to the highest possible degree, be

commensurate with the prevailing security level.

(d) When such cases as are refered to in this subsection

are identified, the director shall ensure that such

conflicts are resolved and that the possibility of

recurrence is minimised.

157. (1) All Antigua and Barbuda ships to which this Part

applies shall be subject to initial, renewal and intermediate

verifications in accordance with the ISPS Code.

(2) The verification of ships shall be carried out by an officer

authorised by the Director, or, if he entrusts it, by a recognised

security organisation.

Master’s discre-

tion for ship

safety and secu-

rity.

Verification for

ships.

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(3) The security system and any associated security

equipment of the ship after verification shall be maintained to

conform with the provisions of sections 154 and 155 and the

ISPS Code and of the approved ship security plan.

(4) After any verification under subsection (1), no changes

shall be made in the security system and in any associated

security equipment or the approved ship security plan without

the sanction of the Director.

(5) Any contravention of subsection (1) or (3) is an offence

by both the Company and master, punishable on conviction by

a fine of five thousand dollars.

158. (1) When an initial or renewal verification is

satisfactorily completed pursuant to section 157 the Director

or a recognised security organisation acting on his behalf

shall issue or, as the case may be, endorse an International

Ship Security Certificate.

(2) The International Ship Security Certificate shall be drawn

up in a form corresponding to the form prescribed in the ISPS

Code.

(3) The duration and validity of an International Ship Security

certificate shall be in accordance with the ISPS Code.

159. (1) After 1 July 2004, for the purposes of:

(a) a ship without a Certificate, on delivery or prior to

its entry or re-entry into service;

(b) transfer of a ship from the flag of another State to

the Antigua and Barbuda register;

(c) a company assuming the responsibility for the

operation of a ship not previously operated by that

company;

until the Certificate referred to in section 158 (1) is issued, the

Director may cause an Interim International Ship Security

Certificate to be issued, in a form corresponding to the form

prescribed in the ISPS Code.

Interim certifi-

cates.

Issue, endorse-

ments, duration

and validity of

certificate.

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(2) An Interim International Ship Security Certificate shall

only be issued if the Director or a recognised security organisation

on his behalf is satisfied that the conditions specified in the

ISPS Code are met.

(3) An Interim International Ship Security Certificate may be

issued by the Director or by a recognised security organisation

authorised to act on his behalf.

(4) An Interim International Ship Security Certificate shall be

valid for 6 months, or until the Certificate required by section

158 is issued, whichever comes first, and may not be extended.

(5) No subsequent consecutive Interim International Ship

Security Certificate shall be issued to a ship if, in the judgment

of the Director or the recognised security organisation, one of

the purposes of the ship or a Company in requesting such

certificate is to avoid full compliance with this Part beyond the

period of the initial Interim Certificate as specified in subsection (1).

(6) For the purposes of sections 161, 162 and 163 the Minister

may, prior to accepting an Interim International Ship Security

Certificate as a valid Certificate, ensure that the relevant

requirements of the ISPS Code have been met.

160. (1) No Antigua and Barbuda ship required to be verified

under this Part shall proceed, or attempt to proceed to sea unless

there is in force a valid International Ship Security Certificate or

an Interim International Ship Security Certificate.

(2) Where a ship proceeds, or attempts to proceed to sea in

contravention of subsection (1) the company and the master

commits an offence and are liable on summary conviction to a

fine not exceeding ten thousand dollars.

CHAPTER 3

CONTROL AND COMPLIANCE MEASURES

161. (1) (a) For the purpose of this Part, every ship to which

this Part applies is subject to control when in a port

in Antigua and Barbuda by officers duly authorised

by the Minister (who may be officers appointed

under section 258).

Prohibition on

proceeding to sea

without an appro-

priate certificate.

Control of ships

in port.

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(b) Such control shall be limited to verifying that there

is on board a Certificate, which, if valid, shall be

accepted, unless there are clear grounds for

believing that the ship is not in compliance with the

requirements of this Part or the ISPS Code.

(2) When there are such clear grounds, or where no valid

certificate is produced when required, the duly authorised

officers shall impose any one or more of the control measures

provided in subsection (3) in relation to that ship.

(3) (a) The control measures referred to in subsection (1)

are as follows:

(i) inspection of the ship,

(ii) delaying the ship,

(iii) detention of the ship,

(iv) restriction of operations, including movement

within the port, or

(v) expulsion of the ship from port.

(b) The control measures may, additionally or

alternatively, include other lesser administrative or

corrective measures.

162. (1) The Designated Authority may require that ships

intending to enter ports in Antigua and Barbuda provide the

following information to duly authorised officers to ensure

compliance with this Part prior to entry into port with the aim of

avoiding the need to impose control measures or steps:

(a) that the ship possesses a valid Certificate and the
name of its issuing authority;

(b) the security level at which the ship is currently
operating;

(c) the security level at which the ship operated in any
previous port where it has conducted a ship/port
interface within the time frame specified in

subsection (4);

Ships intending to

enter a port.

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(d) any special or additional security measures that were

taken by the ship in any previous port where it has

conducted a ship/port interface within the timeframe

specified in subsection (4);

(e) that the appropriate ship security procedures were

maintained during any ship-to-ship activity within

the time frame specified in subsection (4); or

(f) other practical security related information (but not

details of the ship security plan), taking into account

the guidance given by the ISPS Code.

(2) The Designated Authority may request the ship or the

company to provide confirmation, acceptable to it, of the

information required pursuant to subsection (1).

(3) Every Antigua and Barbuda ship to which this Part applies

intending to enter the port of another Contracting Government

shall provide the information described in subsection (1) on the

request of the officers duly authorised by that Government.

The master may decline to provide such information on the

understanding that failure to do so may result in denial of entry

into port.

(4) The ship shall keep records of the information referred to

in subsection (3) for the last 10 calls at port facilities.

(5) (a) Where, after receipt of the information described in
subsection (1), the officers duly authorised by the

Designated Authority have reasonable grounds for

believing that the ship is not in compliance with the

requirements of this Part or the ISPS Code, such

officers shall attempt to establish communication

with and between the ship and its Administration in

order to rectify the noncompliance.

(b) Where such communication does not result in

rectification, or where such officers have clear

grounds otherwise for believing that the ship is not

in compliance with the requirement of this Part or the

ISPS Code, such officers may take steps in relation to

that ship as provided in subsection (6).

(6) The steps referred to in subsection (5) are as follows:

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(a) a requirement for the rectification of the

noncompliance;

(b) a requirement that the ship proceed to a location

specified in the territorial sea or internal waters of

Antigua and Barbuda;

(c) inspection of the ship, if the ship is in the territorial
sea of Antigua and Barbuda; or

(d) denial of entry into port.

(7) The Designated Authority shall prior to taking any such

steps, inform the ship of its intentions. Upon receipt of this

information the master may withdraw the intention to enter that

port. In such cases, this section shall not apply.

163. (1) In the event:

(a) of the imposition of a control measure, other than a

lesser administrative or corrective measure, referred

to in section 161(3); or

(b) any of the steps referred to in section 162(6) are

taken, an officer duly authorised by the Designated

Authority shall forthwith inform in writing the

Administration specifying which control measures

have been imposed or steps taken and the reasons

thereof. He shall also notify the recognised security

organisation which issued the Certificate relating to

the ship concerned and the IMO when any such

control measures have been imposed or steps taken.

(2) When entry into port is denied or the ship is expelled from

a port in Antigua and Barbuda, the Designated Authority shall

communicate the appropriate facts to the authorities of the State

of the next appropriate ports of call, when known, and any other

appropriate coastal States, taking into account any guidelines

developed by IMO. Confidentiality and security of such

notification shall be ensured.

(3) Denial of entry into port, pursuant to section 162 (3) and

(6), or expulsion from port, pursuant to section 161(1) to (3),

shall only be imposed where the duly authorised officers have

Additional control

and compliance

provisions.

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reasonable grounds to believe that the ship poses an immediate

threat to the security or safety of persons, or of ships or other

property and there are no other appropriate means for removing

that threat.

(4) The control of measures referred to in section 161(1) and

the steps referred to in section 162(6) shall only be imposed,

pursuant to sections 161 and 162, until the noncompliance giving

rise to the control measures or steps has been corrected to the

satisfaction of the Designated Authority, taking into account

actions proposed by the ship or the Administration, if any.

(5) When control is exercised under section 161 or steps

taken under section 162:

(a) all possible efforts shall be made to avoid a ship

being unduly detained or delayed. If a ship is

thereby unduly detained, or delayed, it shall be

entitled to compensation for any loss or damage

suffered; and

(b) necessary access to the ship shall not be prevented

for emergency or humanitarian reasons and for

security purposes.

CHAPTER 4

PORT FACILITIES

164. (1) Port facility operators shall ensure that port facilities

shall comply with the relevant requirements of this Part and the

ISPS Code.

(2) (a) In particular the port facility operator shall

appoint a suitably qualified port facility security

officer, and ensure that he receives appropriate

training, as specified in the ISPS Code.

(b) The port facility operator shall provide the port

facility security officer with the resources,

assistance and support necessary to enable him

to carry out his duties.

Port facilities: du-

ties of port facil-

ity operator.

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(3) The port facility operator shall ensure that port facility

personnel having specific security duties have appropriate

knowledge and receive appropriate training as specified in the

ISPS Code.

(4) The port facility operator shall ensure that other port

facility personnel have appropriate knowledge as specified in

the ISPS Code.

(5) A port facility operator who fails to comply with the

requirements of this section commits an offence and is liable on

conviction to a fine not exceeding ten thousand dollars.

165. (1) A port facility security officer shall carry out the

duties and responsibilities placed on him by this Part and Part A

of the ISPS Code, in particular those listed in the ISPS Code.

(2) A port facility security officer who fails to comply with

the requirement of this Part and Part A of the ISPS Code, commits

an offence and is liable on conviction to a fine of five thousand

dollars.

166. (1) The port facility operator shall —

(a) ensure the effective implementation of the port

facility security plan;

(b) carry out drills at appropriate intervals,

and taking into account the types of operation of

the port facility, port facility personnel changes, the

type of ship the port facility is serving, other relevant

circumstances and the taking into account guidance

given in Part B of the ISPS Code.

(2) The port facility security officer shall ensure the effective

coordination and implementation of the port facility security

plan by participating in exercises at appropriate intervals, taking

into account the guidance given in Part B of the ISPS Code.

(3) The port facility operator and the port facility security

officer commits an offence if they fail to comply with the

requirements of subsection (1) and are liable on conviction to a

fine of two thousand dollars.

Drills and exer-

cises.

Port facility secu-

rity officer.

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(4) The port facility security officer commits an offence if he

fails to comply with the requirement of subsection (2) and is

liable on conviction to a fine not exceeding one thousand dollars.

CHAPTER 5

ENFORCEMENT

167. (1) Without prejudice to section 162, but subject to the

relevant provisions of Part A of the ISPS Code (ship security

plans not subject to inspection except in limited circumstances)

the Designated Authority may, by notice in writing served on —

(a) the owner, charterer, manager or master of any ship

which is in, or appears to the Designated Authority

to be likely to enter, a port facility,

(b) a port facility operator,

(c) any person who carries on operations in a port

facility, and

(d) any person who is permitted to have access to a

restricted zone of a port facility for the purposes of

the activities of a business carried on by him,

require that person to provide the Designated

Authority with such information specified in the

notice as the Designated Authority may require in

connection with the exercise by the Designated

Authority of its functions under this Part.

(2) A notice served pursuant to subsection (1), shall specify

a date on which the information required is to be furnished to

the Designated Authority.

(3) Any such notice may also require the person on whom it

is served, after he has furnished to the Designated Authority
the information required by the notice, to inform the Designated

Authority if at any time the information previously furnished to

the Designated Authority (including any information furnished

in pursuance of a requirement imposed by virtue of this

subsection) is rendered inaccurate by any change of circumstances

(including the taking of any further measures for purposes of

Requirement to

provide informa-

tion.

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this Part or the alteration or discontinuance of any measures

already being taken).

(4) Where a notice served pursuant to subsection (1)

requires further information to be furnished to the Designated

Authority in accordance with subsection (3), it shall require

that information to be furnished within such time as is

specified in the notice.

(5) The Designated Authority may, at any time by a notice in

writing —

(a) revoke any notice served pursuant to subsection

(1).

(b) vary any notice served pursuant to subsection (1).

(6) The Director may, in like manner, require the owner,

charterer, manager or master of any Antigua and Barbuda ship

to provide him with information, and subsections (1) to (5) shall

apply as if references to the Designated Authority were

references to the Director.

(7) Any person who —

(a) without reasonable excuse, fails to comply with a

requirement imposed on him by a notice under this

section, or

(b) in furnishing any information so required, makes a

statement which he knows to be false in a material

particular, or recklessly makes a statement which is

false in a material particular,

commits an offence and is liable on conviction to a

fine not exceeding five thousand dollars.

168. (1) An authorised person shall have power, on production

(if required) of his credentials, to inspect

(a) any Antigua and Barbuda ship,

(b) any part of any port facility, or

Powers of Inspec-

tion.

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(c) any land outside a port facility which is occupied

for the purposes of a business by a person who

(i) carries on (or appears to the authorised person

to be about to carry on) harbour operations in

a port facility for the purposes of that

business, or

(ii) is permitted (or appears to the authorised

person to be about to be permitted) to have

access to a restricted zone of a port facility for

the purposes of the activities of that business.

(2) An authorised person inspecting a ship or any part of

a port facility or any land outside a port facility under subsection

(1) shall have power

(a) to subject any property found by him on the ship

or, as the case may be, to subject that part of the

port facility or any property found by him there or

on that land, to such tests,

(b) to take such steps —

(i) to ascertain what practices or procedures are

being followed in relation to security, or

(ii) to test the effectiveness of any practice or

procedure relating to security, or

(c) to require the owner, charterer, manager or master of

the ship, the port facility operator or the occupier of

the land to furnish to him such information,

as the authorised person may consider necessary

for the purpose for which the inspection is carried

out.

(3) Subject to subsection (4), an authorised person shall, for

the purpose of exercising any power conferred on him by

subsection (1) or (2), have power

(a) to go on board any Antigua and Barbuda ship and

to take all such steps as are necessary to ensure

that it is not moved, or

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(b) to enter any building or works in the port facility or

enter upon any land in the port facility, or

(c) to enter upon the land and to enter any building or

works on the land.

(4) The powers conferred by subsection (3) shall not include

power for an authorised person to use force for the purpose of

going on board any ship, entering any building or works or

entering upon any land.

(5) Any person who —

(a) without reasonable excuse, fails to comply with a

requirement imposed on him under subsection (2)

(c), or

(b) in furnishing any information so required, makes a

statement which he knows to be false in a material

particular, or recklessly makes a statement which is

false in a material particular,

commits an offence and is liable on conviction to a

fine not exceeding five thousand dollars.

169. (1) A person commits an offence, punishable on

conviction by a fine not exceeding five thousand dollars if, in

answer to a question which

(a) relates to any baggage, cargo or stores (whether

belonging to him or to another) that is or are intended

for carriage by sea

(i) by an Antigua and Barbuda ship, or

(ii) by any other ship to or from Antigua and

Barbuda, and

(b) is put to him for purposes of this Part

(i) by any of the persons mentioned in

subsection (2),

(ii) by any employee or agent of such a person in

his capacity as employee or agent, or

False statements

relating to bag-

gage, cargo etc.

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(iii) by a police officer,

he makes a statement which he knows to be

false in a material particular, or recklessly

make a statement which is false in a material

particular.

(2) The persons referred to in subsection (1) (b) are —

(a) a port facility operator,

(b) the owner, charterer or manager of any ship, and

(c) any person who —

(i) is permitted to have access to a restricted zone

of a port facility for the purposes of the

activities of a business carried on by him, and

(ii) has control in that restricted zone over the

baggage, cargo or stores to which the question

relates.

(3) In this section —

“cargo” includes mail;

“ship” does not include a ship used in naval, customs or

police service; and

“stores” means any goods intended for sale or use in a

ship, including fuel and spare parts and other articles of

equipment, whether or not for immediate fitting.

170. (1) A person commits an offence if —

(a) for the purpose of, or in connection with, an

application made by him or another for the issue of

an identity document to which this subsection

applies, or

(b) in connection with the continued holding by him or

another of any such document which has already

been issued,

False statements

in connection

with identity docu-

ments.

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he makes to any of the persons specified in subsection (3), or to

any employee or agent of such a person or to a police officer, a

statement which he knows to be false in a material particular, or

recklessly makes to any of those persons, to any such employee

or agent or to a police officer, a statement which is false in a

material particular.

(2) Subsection (1) applies to any identity document which is

to be or has been issued by any of the persons specified in

subsection (3) for the purposes of a ship security plan or a port

facility security plan.

(3) The persons referred to in subsection (1) are —

(a) a port facility operator,

(b) the owner, charterer or manager of any ship, and

(c) any person who is permitted to have access to a

restricted zone of a port facility for the purposes of

the activities of a business carried on by him.

171. (1) A person shall not

(a) go, with or without a vehicle or ship, onto or into

any part of a restricted zone of a port facility

except with the permission of the port facility

operator or a person acting on behalf of the port

facility operator and in accordance with any

conditions subject to which that permission is

for the time being granted, or

(b) remain in any part of such a restricted zone after

being requested to leave by the port facility operator

or a person acting on behalf of the port facility

operator.

(2) Subsection (1)(a) does not apply unless it is proved that,

at the material time, notices stating that the area concerned was

a restricted zone were posted so as to be readily seen and read

by persons entering the restricted zone.

(3) A person who contravenes subsection (1) commits an

offence and is liable on conviction to a fine not exceeding five

thousand dollars.

Unauthorised

presence in

restricted zone.

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172. A person who —

(a) intentionally obstructs an authorised person acting

in exercise of a power conferred on him by or under

this Part, or

(b) falsely pretends to be an authorised person,

commits an offence and is liable on conviction to a fine not

exceeding five thousand dollars.

PART VII

PREVENTION OF POLLUTION

CHAPTER 1

MARPOL

173. The provisions of the articles of, and Annexes I to V and

Protocols to, the MARPOL Convention shall have the force of

law in Antigua and Barbuda.

174. Without prejudice to section 173, Antigua and Barbuda

ships shall be subject to the surveys required by the MARPOL

Convention, and on being satisfactorily surveyed, may be issued

with the certificates specified in the MARPOL Convention.

175. (1) It shall be the duty of the owner and the master of

the ship to comply with and ensure compliance with the

provisions of the MARPOL Convention.

(2) It shall be the duty of any person —

(a) upon whom an obligation is imposed by the

MARPOL Convention; or

(b) to whom a direction is given in pursuance of the

MARPOL Convention (whether under subsection

(1) or otherwise) to comply or ensure compliance

with the MARPOL Convention.

The MARPOL
Convention to
have the force of
law in Antigua and
Barbuda.

Antigua and

Barbuda ships.

General compli-

ance duty and Of-

fences.

Offences relating

to authorised

persons.

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(3) Where a person specified in subsection (1) or (2)

contravenes that subsection, that person commits an offence

and is liable on conviction to a fine not exceeding fifty thousand

dollars.

176. Any person who —

(a) intentionally alters a certificate issued for the

purposes of the MARPOL Convention;

(b) falsely makes a certificate referred to in the MARPOL

Convention;

(c) in connection with any survey required by the

MARPOL Convention, knowingly or recklessly

furnishes false information;

(d) with intent to deceive, uses, lends, or allows to be

used by another, a certificate referred to in the

MARPOL Convention;

(e) fails to surrender a certificate to be surrendered

issued for the purposes of the MARPOL

Convention;

commits an offence and is liable on conviction to a fine not

exceeding five thousand dollars.

177. Where the Director has reason to believe that a ship

proposing to enter an Antigua and Barbuda port or offshore

terminal, or territorial waters, is not in compliance with the

requirements of this Part, and he is satisfied that the ship presents

an unreasonable threat of harm to the marine environment, he

may deny entry of such ship to any Antigua and Barbuda port

or offshore terminal or territorial waters.

178. (1) Subject to subsection (2), a certificate issued by a

MARPOL member State in accordance with the MARPOL

Convention shall be accepted by the Director and regarded for

all purposes of the MARPOL Convention as having the same

validity as a corresponding certificate issued under this Act.

Fraud, misuse of

certificates, etc.

Ships presenting

threat to marine

environment.

Certificates and

special rules on

inspection of

ships.

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(2) A ship holding a certificate referred to in subsection (1)

shall, while in a port or offshore terminal of Antigua and Barbuda,

be subject to inspection by officers authorised by the Director

for that purpose.

(3) Any inspection referred to in subsection (2) shall be limited

to verifying that there is on board a valid certificate, unless there

are clear grounds for believing that the condition of the ship or

its equipment does not correspond substantially with the

particulars of that certificate, in which case, or if the ship does

not carry a valid certificate, the Director shall, subject to

subsection (4), cause the ship to be detained and prevent it from

sailing until it can proceed to sea without presenting an

unreasonable threat of harm to the marine environment.

(4) The Director may grant a ship subject to a detention order

referred to in subsection (3), permission to leave the port or

offshore terminal for the purpose of proceeding to the nearest

appropriate repair yard available.

(5) Notwithstanding subsection (2), an inspection may include

an investigation of any operation regulated by this Part if there

are reasonable grounds for believing that the master or crew are

not familiar with essential ship board procedures for preventing

pollution, and if such inspection reveals any deficiencies, the

Director shall take such steps as may be necessary to ensure

that the ship does not sail until the situation has been brought

to order in accordance with the requirements of this Part.

179. (1) The Director shall cooperate with Governments of

other States in the detection of violations and enforcement of

this Part, using all appropriate and practicable measures of

detection and environmental monitoring, adequate procedures

for reporting and accumulation of evidence.

(2) A ship to which this Part applies may, in any port or offshore

terminal of Antigua and Barbuda, be subject to inspection by

officers appointed or authorised by the Director for the purpose

of verifying whether the ship has discharged any harmful

substances in violation of this Part, and if such inspection

indicates a violation by a ship of another State, a report shall be

Detection of vio-

lations and en-

forcement of the

Part.

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forwarded to the Government of the State concerned for any

appropriate action.

(3) (a) Where it is alleged that a ship of another State has

discharged harmful substances or effluents

containing such substances in violation of this Part,

the Director shall furnish to the Government of the

State concerned, evidence, if any, of the alleged

violation, and if it is practicable, notify the master of

the ship concerned.

(b) Where the Director receives from another State such

evidence as is referred to in paragraph (a) in respect

of an Antigua and Barbuda ship, it may request the

Government of such State to furnish further or better

evidence of the alleged violation.

(c) Where the Director is satisfied that sufficient

evidence is available to enable proceedings to be

brought in respect of the alleged violation, he shall

cause such proceedings to be taken as soon as

possible, and shall promptly inform the Government

of the State which has reported the alleged violation,

and the Organisation of the action taken.

(4) Where the Government of another State furnishes

sufficient evidence that a ship to which the MARPOL Convention

applies has discharged harmful substances or effluents

containing such substances in any place and requests an

investigation, the Director may inspect such ship when it enters

a port or offshore terminal of Antigua and Barbuda, and shall

send the report of such investigation to the Government of the

State requesting it and to the Government of the flag Stage of

the ship so that appropriate action may be taken under the

MARPOL Convention.

180. (1) In any case where a ship is suspected of being in

violation of the requirements of this Part, the ship shall be liable

to be detained.

(2) The Director shall make every possible effort to avoid

unduly detaining or delaying a ship under sections 177 to 180.

Detention

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(3) A ship that is unduly detained or delayed under sections

177 to 180 shall be entitled to compensation for any loss or

damage suffered.

181. In the event of an incident referred to in Protocol I in the

MARPOL Convention the same report as is required by that

Protocol shall also be made to the Administrations as is to be

made to the coastal state.

182. Before a ship proceeds to sea from any port in Antigua

and Barbuda, the master of that ship shall produce to a customs

officer from whom a clearance for the ship is demanded for an

international voyage —

(a) in respect of a ship to which the MARPOL

Convention applies, certificates required to be issued

to such a ship complying with the relevant

provisions of the MARPOL Convention, and in the

case of any qualified certificate, the corresponding

valid exemption certificate.

(b) in respect of Antigua and Barbuda ship required to

possess a local safety certificate, a valid local safety

certificate.

CHAPTER 2

CIVIL LIABILITY FOR OIL POLLUTION

183. The provisions of Articles I to XI of and the Annex to

1992 CLC Protocol shall have the force of law in Antigua and

Barbuda.

184. The provisions of Articles 1 to 36 quater and the Annex

to the 1992 Oil Fund Protocol shall have the force of law in

Antigua and Barbuda.

185. Where the registry of an Antigua and Barbuda ship is

suspended and that ship is registered in a foreign country for

the duration of a bareboat charter in accordance with section 34,

International conven-
tion on the establish-
ment of an interna-
tional fund for
conpensation for oil
pollution damage,
1992 to have the
force of law.

Reporting pollu-

tion and other in-

cidents.

Customs clear-

ance.

Meaning of state

of ship’s registry.

I n t e r n a t i o n a l

Convention on

Civil liability for

oil Pollution dam-

age, 1992, to have

the force of law.

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notwithstanding anything to the contrary in Article I of the 1992

CLC Protocol (or Article 1 of the 1992 Oil Fund Protocol), the

“State of the ship’s registry” is such foreign country.

186. (1) This section applies to any ship carrying in bulk

cargo of more than 2,000 tons of persistent hydrocarbon mineral

oil.

(2) A ship shall not enter or leave a port in Antigua and Barbuda

or arrive at or leave an offshore terminal in the territorial sea of

Antigua and Barbuda nor, if the ship is an Antigua and Barbuda

ship, a port in any other country or a terminal in the territorial sea

of any other country, unless there is in force a certificate

complying with the following provisions:

(a) the certificate must show that there is in force in

respect

of that ship a contract of insurance or other security

satisfying the requirements of Article VII of the 1992

CLC Protocol; and

(b) if the ship is an Antigua and Barbuda ship, a

certificate issued by ADOMS;

(c) if the ship is registered in a country to which the

1992 CLC Protocol applies, other than Antigua and

Barbuda, a certificate issued by or under the

authority of the government of that country.

(d) if the ship is registered in a country which is not a

country to which the 1992 CLC Protocol applies, a

certificate issued by the Administration or by or

under the authority of the government of any country

to which the 1992 CLC Protocol applies other than

Antigua and Barbuda.

187. (1) A certificate required by section 186 to be in force in

respect of a ship shall be carried in the ship and shall be produced

on demand by the master to any customs officer or the Director

and if the ship is an Antigua and Barbuda ship also to any

registrar, inspector, or consular officer.

(2) If any ship enters or leaves or attempts to enter or leave a

port, or arrives at or leaves or attempts to arrive at or leave a

Compulsory insur-

ance against liabil-

ity for pollution.

Enforcement of

compulsory insur-

ance require-

ments.

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terminal in contravention of section 186(2), the master and owner

commits an offence and are liable on conviction to a fine not

exceeding twenty thousand dollars.

(3) If a ship fails to carry or the master of a ship fails to

produce, a certificate as required by subsection (1), the master

commits an offence and is liable on conviction to a fine not

exceeding two thousand dollars.

(4) If a ship attempts to leave a port in Antigua and Barbuda

in contravention of section 186 or this section the ship may be

detained.

(5) Nothing in section 186 or this section applies in relation to

any warship or any ship for the time being used by the

government of any State for other than commercial purposes.

(6) In relation to a ship owned by a State and for the time

being used for commercial purposes, it shall be sufficient

compliance with section 186(2) if there is in force a certificate

issued by the government of that State and showing that the

ship is owned by that State and that any liability for pollution

damage as defined in Article I of the 1992 CLC Protocol will be

met up to the limit prescribed by Article V of the 1992 CLC

Protocol.

188. (1) If the Director is satisfied on application for a

certificate mentioned in section 186 in respect of an Antigua and

Barbuda ship or a ship registered in any country to which the

1992 CLC Protocol does not apply, that there will be in force in

respect of the ship, throughout the period for which the certificate

is to be issued, a contract of insurance or other security

satisfying Article VII of the 1992 CLC Protocol, the Director may

issue such a certificate to the owner.

(2) If the Director is of opinion that there is a doubt whether the

person providing insurance or other security will be able to meet

his obligations thereunder, or whether the insurance or other security

will cover the owner’s liability under the 1992 CLC Protocol in all

circumstances, the Director may refuse the certificate.

189. (1) Where the person to whom a certificate has been

issued under section 186 ceases to be the owner of the ship to

which the certificate relates the certificate shall cease to be valid

Issue of certificate

by Administra-

tion.

Cancellation and

delivery up of cer-

tificates.

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and he shall immediately deliver up the certificate to the Director

for cancellation.

(2) Where, at any time while a certificate issued under section

188 is in force, it is established in any legal proceedings that the

contract of insurance or other security in respect of which the

certificate was issued is or may be treated as invalid, the

certificate may be cancelled by the Director and, if so cancelled,

shall on demand immediately be delivered up to the Director by

the person to whom the certificate was issued.

(3) Where, at any time while a certificate issued under section

186 is in force, circumstances arise in relation to the insurer or

guarantor named in the certificate (or where more than one is so

named, to any of them) such that, if the certificate were applied

or at that time, the Director would be entitled to refuse the

application under subsection (2) of section 186 the certificate

may be cancelled by the Director and, if so cancelled, shall on

demand immediately be delivered up to the Director by the person

to whom the certificate was issued.

190. (1) For the purpose of converting an amount from special

drawing rights into dollars where no sum in dollars has been

fixed by the International Monetary Fund as being equivalent of

one Special Drawing Right for any relevant date referred to in

the 1992 CLC Protocol and the 1992 Oil Fund Protocol, the last

day before such relevant date for which a sum has been so fixed

shall be used to determine the relevant amount.

(2) A certificate by or on behalf of the Ministry of Finance

stating that a particular sum in dollars had been fixed for a

relevant date, or that no sum had been fixed for such relevant

date but a particular sum had been fixed for a day which was

the last day for which a sum had been fixed prior to such

relevant date, shall be conclusive evidence of those matters

for the purposes of this subsection, the 1992 CLC Protocol or

the 1992 Oil Fund Protocol;

(3) A document purporting to be such a certificate shall, in

any proceedings, be received in evidence and unless the contrary

is proved, be deemed to be such a certificate.

191. For the purposes of Article 10(2) of the 1992 Oil Fund

Protocol an “Associated Person” is —

Conversion of

Special drawing

rights.

Definition of “as-

sociated persons”.

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(a) where the person referred to in Article 10(1) is a

member of a group of companies, all the other

members of that group;

(b) where two or more companies have been

amalgamated into a single company and the person

referred to in Article 10(1) is one such company, the

other companies amalgamated;

(c) any subsidiary company of the person referred to in

Article 10(1).

192. (1) For the purposes of transmitting to the International

Oil Pollution Compensation Fund the names and addresses of

the persons who are liable to make contributions to the Fund for

any year, and the quantity of oil in respect of which they are so

liable, the Director may require any person engaged in producing,

importing, receiving, treating, distributing, or transporting oil to

furnish such information as may be specified.

(2) The Director may require a company to give such

information as may be required to ascertain whether its

liability is affected by the 1992 Oil Fund Protocol.

(3) The Director may specify a way in which and a time within

which such information is to be supplied.

(4) In proceedings by the Fund against any person to recover

any amount due under the 1992 Oil Fund Protocol, particulars

contained in any list transmitted by the Director to the Fund

shall, so far as those particulars are based on information

obtained under this section, be admissible as evidence of the

facts stated in the list; and so far as particulars which are so

admissible are based on information given by the person against

whom the proceedings are brought, those particulars shall be

presumed to be accurate until the contrary is proved.

193. For the purposes of Article IX of the 1992 CLC Protocol,

an action brought in Antigua and Barbuda under paragraph 1 of

that Article for pollution damage caused —

(a) in Antigua and Barbuda;

(b) in the territorial waters of Antigua and Barbuda; or

Power to obtain

information.

Jurisdiction of the

courts and regis-

tration of foreign

judgements.

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(c) in the exclusive economic zone of Antigua and
Barbuda, may be brought in the courts of Antigua
and Barbuda.

194. The Admiralty jurisdiction of the courts of Antigua and
Barbuda shall extend to —

(a) actions for compensation under the 1992 CLC
Protocol; and

(b) actions (referred to in Article 7(1) of the 1992 Oil
Fund Protocol) against the International Oil Pollution
Compensation Fund 1992.

195. (1) The Reciprocal Enforcements of Judgements Act
Cap. 369 shall apply, whether or not it would so apply apart from
this subsection, to any judgment given by —

(a) a court in a country to which the 1992 CLC Protocol
applies to enforce a claim in respect of a liability
incurred under any provision implementing the 1992
CLC Protocol;

(b) a court in a country to which the 1992 Oil Fund
Protocol applies to enforce a claim in respect of a
liability incurred under any provision implementing
the 1992 Oil Fund Protocol.

(2) No steps shall be taken to enforce a judgment referred to
in subsection (1)(b) unless and until the court in which the
judgment is registered gives leave to enforce it and —

(a) the Fund has notified such court either that the
amount of the claim is not to be reduced under
section 4 of Article 4 of the Oil Fund Convention or
that it is to be reduced to a specified amount;

(b) in the latter case, the judgment shall be enforceable
only for the reduced amount.

PART VIII

WRECK AND SALVAGE

CHAPTER 1

PRELIMINARY

196. In this Part, unless the context otherwise requires;

Admiralty juris-

diction.

Reciprocal en-

forcement of for-

eign judgements.

Interpretation of

Part VIII.

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“Receiver” means a Receiver of Wreck and includes a
deputy Receiver;

“salvage” includes all expenses properly incurred by a
salvor in the performance of salvage services;

“shipwrecked persons” means persons belonging to any

ships referred to in section 199;

“vehicles” includes any vehicle of any description,

whether propelled by mechanical power or otherwise, and

whether used for drawing other vehicles or otherwise;

“wreck” includes jetsam, flotsam, lagan and derelict found

in or on the shores of the sea or any tidal water.

197. (1) The Director shall be the Principal Receiver of Wreck

for Antigua and Barbuda and shall have all the powers of a

Receiver throughout Antigua and Barbuda.

(2) The Principal Receiver of Wreck shall exercise general

direction and supervision over all matters relating to

receivers, wreck and salvage.

(3) The Minister shall by notice published in the Gazette,

appoint any person to be a Receiver in any district or order that

all or any of the functions of the Receiver shall be exercised by

such persons as may be specified in the order.

198. (1) There shall be paid to every Receiver the expenses

properly incurred by him in the performance of his duties, and

also in respect of any such other matters as may be specified

and such fees as the Minister may prescribe by regulation.

(2) A Receiver shall, in addition to all other rights and remedies

for the recovery of his expenses and fees referred to in

subsection (1), have the same rights and remedies in respect

thereof as a salvor has in respect of salvage due to him.

(3) Whenever any dispute arises as to the amount payable to
any Receiver in respect of expenses or fees, such dispute shall be

determined by the Minister whose decision shall be final.

(4) All fees received by a Receiver in respect of any services

performed by him as such receiver shall be accounted for to the

Principal receiver

of wreck and re-

ceivers.

Fees of receiver of

wreck

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Government, and shall be applied in defraying any expenses

duly incurred in the performance of his duties and, subject to

such application, shall be paid into the Consolidated Fund of

Antigua and Barbuda.

CHAPTER 2

SHIPS IN DISTRESS:

FUNCTIONS OF RECEIVER OF WRECK

199. (1) Where any ship is wrecked, stranded or in distress at

any place on or near the coasts of Antigua and Barbuda, the

Receiver for the district in which that place is situated shall,

upon being made acquainted with the circumstances, forthwith

proceed there and upon his arrival shall:

(a) take the command of all persons present, and

(b) assign such duties and give such directions to each

person as he thinks fit for the preservation of the

ship and of the lives of the shipwrecked persons,

and of the cargo and apparel of the ship;

but the Receiver shall not interfere between the master and the

crew of the ship in reference to the management thereof, unless

he is requested to do so by the master.

(2) Any person who wilfully disobeys the directions of the

Receiver commits an offence and is liable on conviction to a fine

not exceeding two thousand dollars.

200. (1) The Receiver may, with a view to such preservation

as aforesaid of ship wrecked persons, or of the ship, cargo or

apparel—

(a) require such persons as he thinks necessary to

assist him;

(b) require the master or other person having the charge

of any ship near at hand to give such aid with his

men or ship, as may be in his power;

Duty of reeiver on

receipt of report

of wreck.

Power of receiver

of wreck.

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(c) demand the use of any pumps, machinery or vehicles

that may be obtainable.

(2) The Receiver may cause to be apprehended and kept in

custody until he can be conveniently taken before a magistrate

to be dealt with in accordance with the law, any person who

plunders, creates disorder or obstructs the preservation of a

ship wrecked, stranded or in distress on or near the coasts of

Antigua and Barbuda and may use reasonable force for the

suppression of such plundering, disorder or obstruction and

may command all persons in the vicinity to assist him.

(3) Every person who wilfully impedes or obstructs a Receiver

or any person acting under his orders in the execution of his

duty commits an offence and is liable on conviction to

imprisonment for a term not exceeding twelve months.

201. (1) Whenever a ship is wrecked, stranded or in distress

as aforesaid, all persons may, subject to subsections (3) and (4)

for the purpose of

(a) rendering assistance to the ship,

(b) saving the lives of shipwrecked persons, or

(c) saving the cargo or equipment of the ship,

pass and repass over any adjoining land without being subject

to interruption by the owner or occupier and deposit on the land

any cargo or other article recovered from the ship.

(2) The right of passage conferred by subsection (1) is a

right of passage with or without vehicles.

(3) No right of passage is conferred by subsection (1) where

there is some public road equally convenient.

(4) The rights conferred by subsection (1) shall be so exercised

as to do as little damage as possible.

(5) Any damage sustained by an owner or occupier of land in

consequence of the exercise of the rights conferred by this

section shall be a charge on the ship, cargo or articles in respect

of or by which the damage is caused.

Power to pass

over adjoining

land.

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(6) Any amount payable in respect of such damage shall, in

case of dispute, be determined and shall, in default of payment,

be recoverable in the same manner as the amount of salvage is

determined and recoverable under this Part.

(7) Any owner or occupier of any land who

(a) impedes or hinders any person in the exercise of the

rights conferred by this section;

(b) impedes or hinders the deposit on the land of any

cargo or other article recovered from the ship; or

(c) prevents or attempts to prevent any cargo or other

article recovered from the ship from remaining

deposited on the land for a reasonable time until it

can be removed to a safe place of public deposit;

commits an offence and is liable on conviction to a fine not

exceeding two thousand dollars.

202. (1) Where any Antigua and Barbuda or foreign ship is

or has been in distress on the coasts of Antigua and Barbuda, a

Receiver or, in his absence, a magistrate, shall, as soon as is

convenient, examine on oath (which he is hereby empowered to

administer) any person belonging to the ship or any other person

who is able to give any account thereof or of the cargo or stores

thereof as to the following matters

(a) the name and description of the ship;

(b) the name of the master and of the owners;

(c) the names of the owners of the cargo;

(d) the ports, from and to which, the ship was bound;

(e) the occasion of the distress of the ship;

(f) the services rendered; and

(g) such other matters or circumstances relating to the

ship or to the cargo on board the ship as the person

holding the examination thinks necessary.

Examination in

respect of ship in

distress.

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(2) The person holding the examination under subsection (1)

in relation to any ship shall make a record thereof in writing,

and shall send one copy to the Minister and another to the

Director.

CHAPTER 3

MEASURES TO BE TAKEN IN RESPECT OF WRECK

203. (1) Where any person finds or takes possession of any

wreck within the seaward limits of the territorial sea of Antigua

and Barbuda or brings within such seaward limits any wreck

found outside these limits he shall —

(a) if he is the owner thereof, give notice to the Receiver
of the district stating that he has found or taken
possession of the same and describing the marks
by which the same may be recognised; or

(b) if he is not the owner thereof, as soon as possible
deliver the same to the Receiver of the district.

204. Where a Receiver takes possession of any wreck, he
shall, within forty- eight hours —

(a) cause to be posted at the nearest police station and
otherwise publish in such manner as he may deem
fit, a description of the wreck, the time at which and
the place where it was found and of any marks by
which it could be distinguished; and

(b) if in his opinion the value of the wreck exceeds five
hundred dollars, send a copy of such description to
the Director.

205. (1) The owner of any wreck in the possession of the

Receiver who establishes his claim to the wreck to the satisfaction

of the Receiver within one year from the time when the wreck

came into the Receiver’s possession shall, on paying the salvage,

fees and expenses due, be entitled to have the wreck delivered

or the proceeds of sale paid to him.

(2) Where —

(a) a foreign ship has been wrecked on or near the coasts

of Antigua and Barbuda, or

Duties of persons

finding wreck

Notice of wreck.

Claims of owners

to wreck.

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(b) any articles belonging to or forming part of or of the

cargo of a foreign ship which has been wrecked on

or near the coasts of Antigua and Barbuda are found

on or near the coast or are brought into any port,

the appropriate consular officer shall, in the absence

of the owner and of the master or other agent of the

owner, be treated as the agent of the owner for the

purposes of the custody and disposal of the wreck

and other articles.

(3) In subsection (2) “the appropriate consular officer”, in

relation to a foreign ship, means the consul of the country to

which the ship or, as the case may be, the owners of the cargo,

may have belonged or any consular officer of that country

authorised for the purpose by any treaty or arrangement with

that country.

206. (1) A Receiver may at any time sell any wreck in his

custody, if in his opinion —

(a) it is under the value of five hundred dollars;

(b) it is so much damaged or of so perishable a nature

that it cannot with advantage be kept; or

(c) it is not of sufficient value for warehousing.

(2) The proceeds of any sale made under subsection (1) shall,

after defraying the expenses thereof, be held by the Receiver for

the same purposes and subject to the same claims and liabilities

as if the wreck had remained unsold.

CHAPTER 4

UNCLAIMED WRECK

207. The Government of Antigua and Barbuda is entitled to

all unclaimed wreck found in any port of Antigua and Barbuda

or in Antigua and Barbuda waters.

208. Where no owner establishes a claim to any wreck in the

possession of a Receiver within one year after it came into his

possession, the Receiver may sell the same and shall pay the

Unclaimed wreck

property of gov-

ernment.

Sale of wreck in

certain cases.

Sale of wreck by

receiver.

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proceeds of the sale into the Consolidated Fund of Antigua and

Barbuda after —

(a) deducting from the proceeds the expenses of the

sale and any other expenses incurred by him; and

(b) paying to the salvors out of the proceeds such

amount of salvage as the Minister may in each case

determine.

209. Upon delivery of wreck or payment of the proceeds of

sale of wreck by a Receiver in pursuance of the provisions of

this Part, the Receiver shall be discharged from all liability in

respect thereof but such delivery or payment shall not prejudice

or affect any question which may be raised by third parties

concerning such wreck.

CHAPTER 5

REMOVAL OF WRECKS

210. (1) Where any ship is sunk, stranded or abandoned in,

or in or near any approach to, any Antigua and Barbuda harbour

or tidal water in such a manner as, in the opinion of the competent

authority, to be, or be likely to become, an obstruction or danger

to navigation, that authority may —

(a) take possession of, and raise, remove or destroy

the whole or any part of the ship and any other

property found on board the ship;

(b) light or buoy the ship or part of the ship and any

other property until it is raised, removed or

destroyed; and

(c) subject to subsections (5) and (6), sell, in such

manner as the authority thinks fit, the ship or part of

the ship so raised or removed and any other property

recovered in the exercise of the powers conferred

by paragraph (a) or (b) on the competent authority;

(d) reimburse itself out of the proceeds of the sale, for

the expenses incurred by it in relation to the sale.

Powers of harbour

and conservancy

authorities in re-

lation to wrecks.

Discharge of re-

ceiver.

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(2) The other property to which the powers conferred by

subsection (1) extend is every article or thing or collection of

things being or forming part of the equipment, cargo, stores or

ballast of the ship.

(3) Any surplus of the proceeds of a sale under subsection

(1) (c) shall be held by the Authority in deposit for payment to

theperson thereafter establishing his right thereto; but the

deposit shall be paid into the Consolidated Fund of Antigua and

Barbuda unless such person makes his claim within three years

of the sale.

(4) Except in the case of property which is of a perishable

nature or which would deteriorate in value by delay, no sale

shall be made under subsection (1) (c) until at least seven clear

days notice of the intended sale has been published in the

Gazette.

(5) At any time before any property is sold under subsection

(2) (c), the owner of the property shall be entitled to have it

delivered to him on payment of its fair market value.

(6) The market value of property for the purposes of

subsection (6) shall be that agreed on between the authority

and the owner or, failing agreement, that determined by a person

appointed for the purpose by the Director.

(7) The sum paid to the authority in respect of any property

under subsection (5) shall, for the purposes of this section, be

treated as the proceeds of sale of the property.

(8) If the proceeds of any such property as is mentioned in

this section are less than the costs incurred by the authority

referred to in subsection (1), that authority may recover such

difference from the owner of the ship by civil action.

211. (1) If any person being the owner of any ship or any

wrecked, submerged, sunken or stranded ship, or the duly

authorised agent or servant of such owner, is desirous of breaking

up such ship prior to removal thereof from Antigua and Barbuda,

such person shall, before commencing salvage or breaking up

operations, obtain the written permission of the Receiver who

shall be entitled to grant permission and in his discretion, require

security in such reasonable amount as he may consider necessary

Breaking up and

removing wreck.

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to ensure the effective removal of such ship or any portion

thereof, from Antigua and Barbuda.

(2) Any person who without previous written permission of

the Receiver does or causes to be done any salvage or breaking

up operation of any ship or any wrecked, submerged, sunken or

stranded ship lying within Antigua and Barbuda commits an

offence and is liable on conviction to a fine not exceeding two

thousand dollars.

212. The provisions of this Part relating to the removal of

wrecks apply to every article or thing or collection of things

being or forming part of the tackle, equipment, cargo, stores, or

ballast of a ship in the same manner as if it were included in the

word “ship”; and for the purposes of these provisions any

proceeds of sale arising from a ship and from the cargo thereof

or any other property recovered therefrom, shall be regarded as

a common fund.

CHAPTER 6

OFFENCES RELATED TO WRECK

213. Any person who takes into any foreign port and there

sells any ship, whether stranded, derelict or otherwise in distress,

found in Antigua and Barbuda or any part of the cargo or apparel

thereof or anything belonging thereto, or any wreck found in

Antigua and Barbuda commits an offence and is liable on

conviction to a fine not exceeding five thousand dollars.

214. (1) A person shall not, without the leave of the master,

board or endeavour to board any ship which is wrecked, stranded

or in distress unless that person is or acts by command of the

Receiver or a person lawfully acting as such.

(2) The master of any ship which is wrecked, stranded or in

distress may repel by force any person who without his leave,

board or endeavour to board such ship.

(3) Any person who acts in contravention of subsection (1)

commits an offence and is liable on conviction to a fine not

exceeding two thousand dollars.

215. (1) A person shall not —

(a) impede or hinder or endeavour in any way to impede

Extent of power

of removal.

Removal to for-

eign port for sale.

Unauthorised

boarding of

wreck.

Interfering with

wreck.

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or hinder the saving of any ship stranded or in

danger of being stranded or otherwise in distress

on or near any coast or tidal water or of any part of

the cargo or apparel thereof or of any wreck;

(b) conceal any wreck or deface or obliterate any marks

thereon; or

(c) wrongfully carry away or remove any part of a ship

stranded or in danger of being stranded or otherwise

in distress on or near any coast or tidal water or any

part of the cargo or apparel thereof, or any wreck.

(2) Any person who contravenes subsection (1) commits an

offence and is liable on conviction to a fine not exceeding two

thousand dollars.

216. (1) Where a Receiver suspects or receives information

that any wreck is secreted or in the possession of some person

who is not the owner thereof, or that any wreck is otherwise

improperly dealt with, he may apply to any magistrate for a search

warrant and that magistrate shall have power to grant such a

warrant and the Receiver, by virtue thereof, may enter any house

or other place wherever situated and also any ship and search

for, seize and detain any wreck there found.

(2) If any such seizure of wreck is made in consequence of

information given by any person to the Receiver on a warrant

being issued under this section, the informer shall be entitled by

way of salvage to such sum not exceeding in any case two

hundred dollars as the Receiver may allow.

217. (1) Where a ship is wrecked, stranded or in distress at

any place on or near the coast of Antigua and Barbuda or any

tidal water within Antigua and Barbuda, any cargo or other

articles belonging to or separated from the ship which are washed

on shore or otherwise lost or taken from the ship shall be

delivered to a Receiver.

(2) Any person (whether or not the owner of any cargo or

article) referred to in the subsection (1) who —

(a) conceals or keeps possession of any cargo or article;

or

Taking wreck at

the time of casu-

alty.

Summary

procedure for

concealment of

wreck.

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(b) refuses to deliver any such cargo or article to a

Receiver or any person authorised by the Receiver

to demand such cargo or article;

commits an offence and is liable on conviction to a fine not

exceeding five thousand dollars.

(3) A Receiver or any person authorised by the Receiver to

demand the delivery to him of any cargo or article referred to in

subsection (1) may take such cargo or article by force from any

person refusing to deliver it to him.

CHAPTER 7

SALVAGE

218. Any service for saving life or maritime property imperilled

at sea is deemed a salvage service.

219. (1) Where services are rendered —

(a) wholly or in part within the territorial sea of Antigua

and Barbuda in saving life from any aircraft or ship,

or elsewhere in saving life from any ship registered

in Antigua and Barbuda;

(b) within the territorial sea of Antigua and Barbuda, in

assisting a ship or aircraft which is wrecked,

abandoned, stranded or in distress or in saving

wreck;

(c) in assisting a ship or saving its cargo or apparel or

any part thereof when she is wrecked, stranded or

in distress at any place on or near the coasts of

Antigua and Barbuda or in any tidal water within

Antigua and Barbuda;

by any person other than the Receiver, there shall be payable to

the salvor by the owner of such aircraft, ship, wreck, cargo, or

apparel, a reasonable amount of salvage, including expenses

properly incurred, to be determined in the case of dispute, in the

manner set out hereinafter.

Definition of “sal-

vage service”

Salvage of life,

ship, aircraft,

wreck, apparel or

cargo.

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(2) Salvage in respect of the preservation of life shall be

payable in priority to all other claims for salvage.

(3) Where a ship, cargo and apparel are destroyed or the

value thereof is insufficient after payment of the actual expenses

incurred to pay the amount of salvage payable in respect of the

preservation of life, the Minister of Finance may, in his discretion,

award to the salvor out of the Consolidated Fund of Antigua

and Barbuda, such sum as he, with the concurrence of the

Minister, may determine, in whole or part, satisfaction of any

amount of salvage left unpaid.

220. Nothing in section 219 entitles any person to

remuneration—–

(a) in respect of services rendered contrary to an express

and reasonable prohibition of such services on that

part of the ship to which such services are rendered;

(b) in respect of services rendered by a tug or in respect

of the ship which she is towing or the cargo thereof,

except where such services are of exceptional

character such as are outside the scope of the

contract of towage;

(c) if he has caused the distress giving rise to the

salvage, either intentionally or through negligence;

(d) if and to such extent as it appears that he has

concealed or unlawfully disposed of any property

salvaged.

221. (1) A dispute as to the amount of salvage, whether of life

or property and whether the services for which it is claimed to

have been rendered be within or outside Antigua and Barbuda

arising between the salvor and the owner of any ship, cargo,

apparel or wreck, shall, if not settled by agreement, arbitration or

otherwise, in the following cases

(a) in any case where the parties in the dispute consent;

(b) in any case where the amount claimed does not

exceed fifteen thousand dollars;

Settlement of sal-

vage dispute.

Cases when

rumuneration

not admissible.

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(c) in any case where the value of the property saved

does not exceed one hundred and fifty thousand

dollars;

be referred to and determined by a court of

competent jurisdiction at or near the place where

the wreck was found, or in the case of services

rendered, at or near the port in Antigua and Barbuda

into which the ship is first brought after the

occurrence by reason whereof the claim of salvage

arises.

(2) Subject to subsection (1), any dispute as to salvage shall

be determined by the High Court but if the claimant does not

recover in that court more than one thousand dollars, he shall

not be entitled to recover any costs, charges or expenses incurred

by him in the prosecution of his claim, unless the Court certifies

that the case was a fit one to be tried otherwise than in manner

provided under subsection (1).

(3) A dispute relating to salvage may be determined on the

application either of the salvor or of the owner of the property

saved or of their respective agents.

(4) The court or arbitrators to whom a dispute as to salvage is

referred for determination may be for the purpose of determining

any such dispute call into their assistance as assessor, any

person conversant with maritime affairs and there shall be paid

as part of the cost of the proceedings to ever such assessor in

respect of his services such sum as the Minister may direct.

222. Every agreement relating to salvage entered into at the

moment and under the influence of danger may be at the request

of either party, be annulled or modified by the High Court if the

High Court considers that the conditions of such agreement are

not equitable.

223. The Minister shall designate the Courts having

jurisdiction to adjudicate disputes regarding salvage to be

determined summarily as set out in section 221.

224. Where a dispute relating to salvage has been determined

by the High Court, any party aggrieved by the decision may

appeal therefrom in accordance with rules of Court; but no such

Rescission of sal-

vage agreements.

Jurisdiction in re-

lation to disputes.

Appeal in salvage

dispute.

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appeal shall be allowed unless the sum in dispute exceeds thirty

thousand dollars.

225. (1) Where any dispute as to salvage claim is made, the

Receiver may, on the application of either party, appoint a valuer

to value that property and shall give copies of the valuation to

both parties.

(2) A copy of the valuation purporting to be signed by the

valuer and certified as a true copy by the Receiver shall be

admissible as evidence in any subsequent proceedings.

(3) There shall be paid in respect of the valuation by the

person applying for the same such fee as the Minister may

direct.

226. (1) Where salvage is due to any person under the Act,

the Receiver shall –

(a) if the salvage is due in respect of services rendered

in assisting any ships or in saving the cargo or

apparel thereof, detain the ship and cargo or apparel;

and

(b) if the salvage is due in respect of the saving of any

wreckand the wreck is not sold unclaimed under

this Act, detain the wreck.

(2) Subject as hereinafter mentioned, the Receiver shall detain

the ship and the cargo and apparel or the wreck, hereinafter

referred to as detained property, until payments are made for

salvage or warrants are issued for the arrest or detention thereof

by a court of competent jurisdiction.

(3) A Receiver may release any detained property if security

is given to his satisfaction or if the claim for salvage exceeds one

thousand dollars and any question is raised as to the sufficiency

of the security to the satisfaction of the High Court.

(4) Any security given for salvage in pursuance of this section

to an amount exceeding two thousand dollars may be enforced

by the court in the same manner as if bail had been given in that

court.

Valuation of prop-

erty by the re-

ceiver.

Detention of

property liable

to receiver.

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227. (1) The Receiver may sell any detained property if the

persons liable to pay the salvage in respect of which the property

is detained are aware of the detention in the following cases,

namely:

(a) where the amount is not disputed and payment of

the amount due is not made within twenty days after

the amount is due;

(b) where the amount is disputed, but no appeal lies

from the decision of the first court to which the

dispute was referred and payment is not made within

twenty days after the decision of the first court; or

(c) where the amount is disputed and an appeal lies

from the decision of the first court to which the

dispute was referred to some other court and

within thirty days of the decision of the first court,

neither payment of the sum due is made nor

proceedings are commenced for the purpose of the

appeal.

(2) The proceeds of sale of detained property shall, after

payment of the expenses of the sale, be applied by the Receiver

in payment of the expenses, fees and salvage, and, so far as not

required for that purpose, shall be paid to the owners of the

property or any other persons entitled to receive the same.

228. Where any dispute arises as to the apportionment of

any amount of salvage among the owners, masters, pilot, crew

and other persons in the service of any foreign ship, the amount

shall be apportioned by the court or person making the

apportionment in accordance with the law of the country to

which the ship belongs.

229. (1) Where the aggregate amount of salvage payable in

respect of salvage services rendered in Antigua and Barbuda

has been finally determined, either summarily in the manner

provided by this Chapter or by agreement, and does not exceed

five thousand dollars but a dispute arises as to the

apportionment thereof among several claimants, the person liable

to pay the amount may apply to the Receiver for liberty to pay

such amount to him.

Sale of detained

property by Re-

ceiver.

Appor t ionment

of salvage in rela-

tion to foreign

ship.

Appor t ionment

of salvage by re-

ceiver.

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(2) The Receiver shall, if he thinks fit, receive the amount

referred to in subsection (1) accordingly, and shall grant to the

person paying the amount a certificate of the amount paid and

of the services in respect of which it is paid.

(3) A certificate granted under subsection (2) in respect of

any amount shall be a full discharge and indemnity to the person

by whom the amount is paid and to his ship, cargo, apparel and

effects, against the claims of all persons in respect of the services

mentioned in the certificate.

(4) The Receiver shall with all convenient speed distribute

any amount received by him under this section among the

persons entitled thereto on such evidence and in such shares

and proportions as he thinks fit and may retain any money which

appears to him to be payable to any person who is absent.

(5) A distribution of any amount made by a Receiver in

pursuance of this section shall be final and conclusive as against

all persons claiming to be entitled to any portion of the amount

distributed.

230. Whenever the aggregate amount of salvage payable in

respect of salvage services rendered in Antigua and Barbuda

has been finally ascertained and exceeds five thousand dollars,

and whenever the aggregate amount of salvage payable in

respect of salvage services rendered outside Antigua and

Barbuda has been finally ascertained (whatever that amount

may be), then if any delay or dispute arises as to the

apportionment thereof, the High Court

(a) may cause such amount to be apportioned amongst

the persons entitled thereto in such manner as it thinks

just and may for that purpose, if it thinks fit, appoint

any person to carry that apportionment into effect;

(b) may compel any person in whose hand or under

whose control the amount may be to distribute such

amount or to bring it into Court to be dealt with as

the Court directs; and

(c) may for the purpose aforesaid issue such processes

as it thinks fit.

Apportionment

by the High

Court.

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231. (1) Where salvage services are rendered by or on behalf

of the Government or with the aid of government property, the

Receiver on behalf of the Government is entitled to claim salvage

in respect of those services to the same extent as any other

salvor and shall have the same rights and remedies in r e s p e c t

of those services as any other salvor.

(2) No claim shall be made for a Receiver’s fee or expenses if

salvage is claimed on behalf of the Government other than fees

or expenses which may be included in such salvage claim.

(3) Any salvage award due to a Receiver in any salvage award

to Government shall be for the Receiver’s own remuneration.

232. (1) All wreck being foreign goods coming into Antigua

and Barbuda shall be subject to the same duties as those to

which such goods would be subject if they were imported into

Antigua and Barbuda.

(2) If any question arises as to the origin of any goods referred

to in subsection (1), they shall be deemed to be the product of

such country as the Customs department may on investigation

determine.

(3) The Customs department shall permit all goods, wares or

merchandise saved from any ship stranded or wrecked on her

outward voyage to be returned to the port at which they were

shipped, but the Customs department shall take security for the

due protection of the Consolidated Fund of Antigua and Barbuda

in respect of those goods.

PART IX

SHIPOWNERS’ LIABILITY AND CARRIAGE OF GOODS

CHAPTER 1

PASSENGER SHIPS

233. (1) If any person receives money from any person for or

in respect of a passage in any ship proceeding from any place in

Antigua and Barbuda, he shall give to the person paying the

same a contract ticket signed by or on behalf of the owner or

charterer of the ship.

Issue of contract

ticket.

Salvage services

rendered by Gov-

ernment.

Provisions as to

duties on wrecked

goods.

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(2) The contract ticket required by this section shall set

out —

(a) the amount of the fare paid;

(b) the places between which the passenger is to be

carried;

(c) whether the passenger is to be berthed or unberthed;

(d) whether the passenger is entitled to be supplied

with food or must purchase his own food for the

journey;

(e) the amount of baggage the passenger is permitted

to carry free of charge; and

(f) any other rights or obligations of the parties.

(3) Such contract ticket shall not —

(a) contain any clause, condition or stipulation or

(b) refer to any clause, condition or stipulation, not

contained therein which —

(i) purports to indemnify the owner or charterer

of the ship from the consequences of any

neglect to ensure that the ship was

seaworthy or

(ii) of the consequence of any neglect in the

management or navigation of the ship or

(iii) which would deprive the passenger of any

right or remedy which he would have enjoyed

were it not for such clause, condition or

stipulation or reference.

(4) If any clause, condition or stipulation or reference specified

in subsection (3) is contained in any contract ticket in

contravention of this section, it shall be void.

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(5) Any question which arises, respecting the breach or

nonperformance of any stipulation in any such contract ticket at

the option of the passenger interested, may be tried before a

magistrate and the magistrate may award the complainant such

damages and costs as he thinks just not exceeding three times

the amount of the passage money specified in the contract ticket.

234. The Minister may, after notice in the Gazette of the

ratification of the Athens Convention relating to Carriage of

Passengers and their Luggage by Sea, 1974, apply the provisions

of that Convention regarding liability for damage suffered as a

result of death or personal injury to passengers’ luggage, to

passenger services operating to and from Antigua and Barbuda.

CHAPTER 2

LIMITATION OF LIABILITY

235. For the purposes of this Chapter —

(a) “ship” includes any structure launched and intended

for use in navigation as a ship or as a part of a ship;

(b) “gold franc” means a unit consisting of sixty-five and

one half milligrams of gold of millesimal fineness 900;

(c) “occurrence” means an occurrence referred to in

subsection (1) of section 236;

(d) “property claim” means any claim other than a

personal claim arising from an occurrence.

236. (1) The owner of a ship may limit his liability in accordance

with the provisions of section 237 in respect of any claim arising

from anyof the following occurrences unless the occurrence

giving rise to the claim resulted from the actual fault or privity of

the owner

(a) loss of life, or personal injury to, any person being
carried in the ship or loss of, or damage to any

property on board the ship;

(b) loss of life, or personal injury to, any other person
(whether on land or on water), loss of or damage to

any other property or infringement of any rights

Athens Conven-

tion relating to

carriage of pas-

sengers and their

luggage by sea,

1974.

Interpretation of

chapter 2 of part

IX.

Limitation of li-

ability.

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(i) which is caused by the act, neglect or default

for which the owner is responsible.

(ii) which is caused by the act, neglect or default

of any person not on board the ship for whose

act, neglect or default the owner is

responsible;

but the owner is entitled to limit his liability in respect of any

claim arising out of any act, neglect or default as is referred to in

subparagraph (b)(ii) only when the act, neglect or default is one

which occurs in the management of the ship or in the loading,

carriage or discharge of cargo or in the embarkation, carriage or

disembarkation of its passengers.

(2) The burden of proving that the occurrence giving rise to

a claim against the owner of a ship did not result from his actual

fault or privity shall be on the owner.

(3) Nothing in this section applies to —

(a) any obligation or liability imposed by any law

relating to the removal of wreck and arising from or

in connection with the raising, removal or destruction

of any ship which is sunk or stranded (including

anything which may be on board such ship), and

any obligations or liability arising out of damage

caused to harbour wrecks, navigation and navigable

waterways;

(b) claims for salvage or to claims for contribution in

general average;

(c) any claim by the master or a member of the crew of

the ship or any servant of the owner who is on

board the ship or whose duties are connected with

the ship (including any claim by the legal

representative of such master, member of the crew

or servant) if the contract of service between the

owner and such master or member of the crew or

servant is governed by the law of any foreign country

and that law either does not set any limit to the

liability in respect of such claims or sets a limit

exceeding that set to it by section 237.

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(4) Any action on the part of the owner of a ship to limit his

liability under subsection (1) shall not merely by reason of such

action constitute an admission of liability.

(5) An owner of a ship shall be entitled to limit his liability

under subsection (1) in respect of any occurrence even in cases

where his liability arises without proof of negligence on the part

of the owner or of persons for whose conduct he is responsible

by reason of his ownership, possession, custody or control of

the ship.

237. (1) The amounts to which the owner of a ship may limit

his liability under subsection (1) of section 236 shall be —

(a) where the occurrence has given rise to property

claims only, an aggregate amount

not exceeding the amount

equivalent to one thousand gold francs for each ton

of theship’s tonnage;

(b) where the occurrence has given rise to personal

claims only, an aggregate amount

not exceeding the amount

equivalent to three thousand and one hundred gold

francs for each ton of the ship’s tonnage;

(c) (i) where the occurrence has given rise to both

personal claims and property claims, an

aggregate amount not exceeding the amount

equivalent to three thousand and one hundred

gold francs for each ton of the ship’s tonnage

of which the first portion of the amount

equivalent to two thousand and one hundred

gold francs for each ton of the ship’s tonnage

shall be appropriated to the payment of

personal claims, and of which a second

amount shall be appropriated to the payment

of property claims;

(ii) in cases where the first portion is insufficient

to pay the personal claims in full, the

unpaid balance of such claims shall rank

rateably with the property claims for payments

against the second portion of the amount.

Limits of Liabil-

ity.

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(2) The limits set by subsection (1) to the liabilities mentioned

therein apply to the aggregate of such liabilities which are

incurred on any distinct occasion, and so apply in respect of

each distinct occasion without regard to any liability incurred

on another occasion.

(3) Where the owner of a ship is entitled to make a claim

against a claimant arising out of the same occurrence, their

respective claims shall be set off against each other and the

provisions of this Part only apply to the balance, if any.

(4) Where the aggregate of the liabilities which are incurred

on any distinct occasion exceeds the limits provided for in this

section, the total sum representing such limits of liability may be

constituted as one distinct limitation fund to be deposited by

the owner with a court of competent jurisdiction.

(5) The fund thus constituted shall be available only for the

payment of claims in respect of which limitation of liability can

be invoked.

(6) After the fund has been constituted, no claimant against

the fund shall be entitled to exercise any right against any other

assets of the owner in respect of his claim against the fund, if the

limitation fund is actually available for the benefit of the claimant.

238. (a) Where any liability is alleged to have been

incurred by the owner of a ship in respect of any

loss of life or personal injury or any loss of or

damage to property or any infringement of any

right in respect of which liability is limited by

section 237 and several claims are made or

apprehended in respect of that liability, the court

may, on the application of that owner, determine

the amount of his liability and distribute that

amount rateably among the several claimants.

(b) Such court may stay any proceedings pending

in any court in relation to the same matter and

the court may proceed in such manner and

subject to such rules of court as to making

persons interested parties to the proceedings and

as to the exclusions of any claimants who do not

Power of the

Court to consoli-

date claims.

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apply to be joined in the proceedings within a

certain time and as to requiring security from the

owner and as to the payment of any costs, as the

court thinks just.

239. The provisions of sections 236 and 237 extend and apply

to —

(a) the charterer of a ship;

(b) any person having an interest in or possession of a

ship from and including the launching thereof;

(c) the manager or operator of a ship where any of the

events mentioned in paragraphs (a) and (b) of

subsection (1) of section 236 occur without their

actual fault or privity; and

(d) any person acting in the capacity of master or

member of the crew of a ship and to any servant of

the owner or any person, where any of the events

described in paragraphs (a) and (b) of subsection

(1) of section 236 occur whether with or without his

actual fault or privity.

240. For the purposes of sections 236 and 237, the tonnage

of any ship that is less than three hundred shall be deemed to be

three hundred tons.

241. (1) For the purposes of sections 235 to 239 inclusive, the

tonnage of a steamship is the registered tonnage with the addition

of any engine room space deducted for the purpose of

ascertaining that tonnage and the tonnage of a sailing ship is

her registered tonnage.

(2) There shall not be included in such tonnage any space

occupied by seafarers and appropriated to their use.

(3) The measurement of such tonnage in the case of a foreign

ship shall be according to the provisions of this Act if it is

capable of being so measured.

(4) In the case of any ship which is incapable of being

measured under the provisions of this Act, the Director shall, on

Extension of limi-

tation of liability.

Ships less than

300 tons.

Calculation of

tonnage.

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receiving from or by direction of the court hearing the case such

evidence concerning the dimensions of the ship as it is found

practicable to furnish, give a certificate under his hand stating

what would in his opinion have been the tonnage of such ship if

she had been duly measured according to the provisions of this

Act and the tonnage so stated in such certificate shall for the

purposes of sections 237 and 238 be deemed to be the tonnage

of such ship.

242. The limitation of liability under sections 237 and 239

shall relate to the whole of any losses and damages which may

be sustained by more than one person and shall apply whether

the liability arises at common law or under any statute and

notwithstanding anything contained in such statute.

243. (1) In this section —

“Convention country” means any country in respect of

which the International Convention relating to the

Limitation of the Liability of Owners of Seagoing Ships

signed in Brussels on the 10th day of October, 1957 is in

force (including any country to which the Convention

extends by virtue of Article 14 thereof);

“relevant port”

(a) in relation to any claim, means the port where the

event giving rise to the claim occurred or if that event

did not occur in a port, the first port of call after the

event occurred; and

(b) in relation to a claim for loss of life or personal injury

or damage to cargo includes the port of

disembarkation or discharge.

(2) Where a ship or other property is arrested in connection

with a claim which appears to the court to be founded on a

liability to which a limit is set by sections 237 and 239 of this Act

or security is given to prevent or obtain release from such an

arrest, the court may, and in the circumstances mentioned in

subsection (4) shall, order the release of the ship, property or

security if the conditions specified in subsection (3) are satisfied;

Several claims

arising on one oc-

casion.

Release of ship on

security.

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and where the release is ordered the person on whose application

it is ordered is deemed to have submitted to the jurisdiction of

the Court to adjudicate on the claim.

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

(a) that security, which in the opinion of the Court is

satisfactory, in this section referred to as the

guarantee, has previously been given whether in

Antigua and Barbuda or elsewhere in respect of the

said liability or any other liability incurred on the

occasion and the Court is satisfied that if the claim

is established the amount for which the guarantee was

given or such part there of as corresponds to the claim

would be actually available to the claimant; and

(b) that either the guarantee is for an amount not less

than the said limit, or further security is given which,

together with the guarantee, is for an amount not

less than that limit.

(4) The circumstances mentioned in subsection (2) shall be

that the guarantee was given in a port which in relation to the

claims is the relevant port or, as the case may be, a relevant port

and that such port is in a Convention country.

(5) For the purposes of this section —

(a) a guarantee given by the giving of security in more

than one country shall be deemed to have been given

in the country in which the security was last given;

(b) any question whether the amount of any security is

either by itself or together with any other amount

not less than any limit set under the provisions of

this Part shall be decided as at the time when the

security is given;

(c) where part only of the amount for which a guarantee

was given will be available to a claimant, that part

shall not be taken to correspond to his claim if any

other part may be available to a claimant in respect

of a liability to which no limit is set as mentioned in

subsection (2).

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CHAPTER 3

DIVISION OF LIABILITY

244. (1) Where by the fault of two or more ships, damage or

loss is caused to one or more of those ships, to their cargoes or

freight, or to any property on board, the liability to make good

the damage or loss shall be in proportion to the degree in which

each ship was at fault.

(2) Where having regard to all the circumstances of the case

it is not possible to establish different degrees of fault, the

liability shall be apportioned equally.

(3) Nothing in this section operates so as to render any ship

liable forany loss or damage to which her fault has not

contributed.

(4) Nothing in this section affects the liability of any person

under contract of carriage or any contract, or is to be construed

as imposing any liability upon any person from which he is

exempted by any contract or by law or as affecting the right of

any person to limit his liability in the manner provided by law.

(5) For the purposes of this section, the expression “freight”

includes passage money and hire, and references to damages or

loss caused by the fault of a ship shall be construed as including

references to any salvage or other expenses consequent upon

that fault recoverable at law by way of damages.

245. (1) Where loss of life or personal injuries are suffered by

any person on board a ship owing to the fault of that ship and of

any other ship or ships, the liability of the owners of the ships

shall be joint and several.

(2) Nothing in this section is to be construed as depriving

any person of any right of defence on which independently of

this section he might have relied in any action brought against

him by the person injured or any person or persons entitled to

sue in respect of such loss of life or shall affect the right of any

person to limit his liability in cases to which this section relates

in the manner provided by law.

Division of liabil-

ity.

Joint and several

liabilities.

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246. (1) (a) Subject to paragraph (b), where loss of life or

personal injuries are suffered by any person on

board a ship owing to the fault of that ship and

any other ship or ships, and a proportion of the

damages is recovered from the owner of one of

the ships that exceeds the proportion in which

she was at fault, the owner may recover by way

of contribution the amount of the excess from

the owners of the other ship or ships to the extent

to which these ships were respectively at fault.

(b) No amount shall be so recovered that could not by

reason of any statutory or contractual limitation of,

or exemption from liability, or could not for any

reason have been recovered in the first instance as

damages by the persons entitled to sue therefor.

(2) In addition to any other remedy provided by law, the

persons entitled to any contribution under subsection (1) have,

for the purpose of recovering the same subject to the provisions

of this Act, the same rights and powers as the persons entitled

to sue for damages in the first instance.

247. The provisions of sections 244 to 246 inclusive apply to

all persons other than the owners responsible for the fault of the

ship as though the expression “owners” included such persons

and as though such expression included all persons responsible

for the navigation and management of the ship pursuant to a

charter or demise.

CHAPTER 4

CARRIAGE OF GOODS BY SEA

248. The Minister may, after notice in the Gazette of the
ratification of the Brussels Protocol, 1968 (which amends the

International Convention for the Unification of certain Rules relating

of Bills of Lading, 1924) take such measures as may be considered

necessary to implement the provisions of that Protocol.

249. The Minister may, after notice in the Gazette of the

ratification of the United Nations Convention on a Code of

Conduct for Liner Conferences, 1974, take such measures as

may be considered necessary to implement the provisions of

that Convention.

Brussels Protocol,

1968

Code of conduct

for liner

confrences.

Meaning of

“owner”

Right of Contri-

bution.

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250. An owner of a ship registered in Antigua and Barbuda shall

have a lien on the goods carried, for —

(a) freight;

(b) general average contributions;

(c) salvage expenditure.

251. The losses admissible in General Average shall be

assessed and apportioned in accordance with the York Antwerp

Rules, as amended from time to time.

PART X

INQUIRIES AND INVESTIGATIONS INTO MARINE

CASUALTIES

252. (1) Where any of the following casualties occur, that is

to say —

(a) the loss or presumed loss, stranding, grounding,
abandonment of, or damage to, a ship;

(b) a loss of life or serious injury to any person, caused
by fire on board, or by any accident to a ship or

ship’s boat, or by any accident occurring on board a

ship or ship’s boat; or

(c) any damage caused by a ship,

and, at the time it occurs, the ship was an Antigua and Barbuda

ship or the ship or ship’s boat was in Antigua and Barbuda

waters, the Director may cause a preliminary inquiry into the

casualty to be held by a person or a recognised organisation

appointed for the purpose by the Director, who shall have the

powers conferred on an inspector by section 259.

(2) Whether or not a preliminary inquiry into the casualty has

been held under subsection (1), the Minister may cause a Formal

Investigation to be held by a Board appointed for that purpose.

253. (1) A Board holding a Formal Investigation under section

252 shall consist of a legally qualified person of high standing,

assisted by one or more assessors appointed by the Minister;

Lien on goods.

General average.

Investigations of

shipping casual-

ties.

Formal investiga-

tions.

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such assessors being persons with requisite skills and knowledge

in maritime matters.

(2) Where as a result of the investigation the Board is satisfied,

with respect to any officer, or any of the matters mentioned in

paragraphs (a) to (c) of section 76 (1) and, if it is a matter

mentioned in paragraph (a) or (b) of that section, is further

satisfied that the officer caused or contributed to the accident,

the Board may cancel or suspend any endorsement issued to

the officer under section 72 or censure him; and where the Board

cancels or suspends the endorsement the officer shall deliver

the endorsement to the Board or the Director.

(3) Any Officer who fails to deliver an endorsement as required

under subsection (2) commits an offence and is liable on

conviction to a fine not exceeding one thousand dollars.

(4) Where an endorsement has been cancelled or suspended

under this section, the Director, if of the opinion that the justice

of the case requires it, may reissue the endorsement or, as the

case may be, reduce the period of suspension and return the

endorsement, or may grant a new endorsement of the same or a

lower grade in place of the cancelled or suspended endorsement.

(5) The Board may make such awards as it thinks just with

regard to the costs or, as the case may be, expenses of the

investigation, and with regard to the parties by whom those

costs or expenses are to be paid; and any such award of the

Board may, on the application of any Party named in it, be made

an Order of the Court.

(6) The Board shall make a report on the investigation to the

Minister.

254. (1) Where a Formal Investigation has been held under

section 253, the Minister may order the whole or part of the case

to be reheard and shall do so if

(a) new and important evidence which could not have

been produced at the inquiry or investigation has

been discovered; or

(b) it appears to the Minister that there are other grounds

for suspecting that a miscarriage of justice may have

occurred.

Rehearings and

appeals.

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(2) An order under subsection (1) may provide for the

rehearing to be made by the Board which held the investigation

or by the High Court.

(3) Any rehearing under this section shall be conducted in

accordance with rules made under the First Schedule, and section

254 shall apply in relation to a rehearing of an investigation by a

Board as it applies in relation to the holding of an investigation.

(4) Where the Board holding the investigation has decided

to cancel or suspend the endorsement of any person, or has

found any person at fault, then if no application for an order

under subsection (1) has been made, or if such application has

been refused, that person or any other person who, having an

interest in the investigation has appeared at the hearing and is

affected by the decision or finding, may appeal to the Court.

255. Rules of court made for the purpose of rehearings under

section 254 which are held by the High Court, or of appeals to

the High Court, may require the Court, subject to such

exceptions, if any, as may be allowed by the rules, to hold such

a rehearing or hear such an appeal with the assistance of one or

more assessors.

256. Where —

(a) any person dies in an Antigua and Barbuda ship or

in a boat or life-raft from such a ship, or

(b) the master of, or a seafarer employed in such a ship

dies in a country outside Antigua and Barbuda

the Director may inquire into the cause of death,

and may make in the official log book an endorsement

to the effect that the statement as to the cause of

death in the log book is, in his opinion, true or untrue

according to the result of any inquiry.

PART XI

SURVEYORS AND INSPECTORS

257. (1) The Director may appoint, in any port or place within

or outside Antigua and Barbuda, duly qualified persons to be

Rules relating to

rehearings of in-

quiries and inves-

tigations.

Inquiries into

causes of deaths.

Appointment of

surveyors.

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surveyors to survey ships under and for the purposes of this

Act.

(2) Any recognised organisation may authorise any person

to survey and measure ships under and for the purpose of this

Act.

258. (1) The Director may, for the purposes of this Act, either

generally or in a particular case, appoint at such places as he

considers advisable suitably qualified inspectors; and one

person may be appointed in several capacities.

(2) The powers of inspection conferred by this Act are also

available to the Director, any Deputy Director, any

Registrar and any Deputy Registrar.

259. (1) For the purpose of seeing that the provisions of this

Act and regulations and directives made thereunder, or of any

international convention, are fully observed and complied with,

and for the effective carrying out of his powers and duties under

this Act and such regulations, an inspector in Antigua and

Barbuda may

(a) go on board any ship and inspect the same or any

part thereof, or any of the machinery, boats,

equipment or articles on board thereof to which the

said provisions apply;

(b) by summons under his hand, require the attendance

of all such persons as he thinks fit to call before him

and examine;

(c) require access to data collection systems (VDR) on

boardship;

(d) require answers or returns to be given or made by

the master or any other member of the crew of a

ship to any inquiries he is required or thinks fit

to make;

(e) require the production of any books, papers or

documents; and

(f) administer oaths for obtaining sworn testimony.

Appointment of

inspectors

Powers of inspec-

tor.

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(2) An inspector in Antigua and Barbuda, where he considers

it necessary in consequence of accident or for any other reason,

may require any ship to be taken into dock, at the expense of the

owner of the ship, for a survey of her hull or machinery.

(3) The powers conferred upon an inspector by subsection

(1),except paragraph (b), and subsection (2) may be exercised

by an inspector on or in respect of an Antigua and Barbuda ship

outside Antigua and Barbuda.

(4) Powers conferred by this section shall not be exercised so

as to unnecessarily detain or delay any ship.

(5) Where any person is summoned under paragraph (b) of

subsection (1), the law for the time being in force in relation to

magistrates’ courts shall apply to such person as if he was a

witness summoned by a magistrate and the inspector was the

magistrate by whom he was summoned.

(6) Any person who —

(a) obstructs any inspector in the exercise of his powers

under this section or under any other power

conferred by this Act or any regulations made or

deemed to be made thereunder; or

(b) without reasonable excuse fails to comply with any

requirement made under this section; or

(c) knowingly gives a false answer to any question put

to him by an inspector commits an offence and is

liable on conviction to a fine not exceeding five

hundred dollars.

260. An inspector shall keep a record of the inspections he

makes in such form and with such particulars respecting them as

the Director may direct, and shall furnish copies thereof and any

other information pertaining to the duties of his office which the

Director may require.

261. The powers conferred on inspectors by this Part shall

be exercised in conformity with the provisions contained in

sections 70, 133, 136, 161, 162, 167, 168 and 178.

Record of inspec-

tion and certifi-

cate.

Control and com-

pliance measures

in conventions.

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262. (1) An inspector, in exercise of his powers under section

257 —

(a) may at any reasonable time or, in a situation which

in his opinion is or may be dangerous, at any time —

(i) enter any premises, or

(ii) board any ship,

if he has reasons to believe that it is necessary

for him to do so;

(b) may, on entering any premises by virtue of paragraph

(a) or on boarding a ship by virtue of that paragraph,

take with him any other person authorised for the

purpose by the Director, and any equipment or

materials he requires;

(c) may make such examination and investigation as he

considers necessary;

(d) may give a direction requiring that the premises or

ship or any part of the premises or ship or any thing

in the premises or ship or such a part shall be left

undisturbed, whether generally or in particular

respects, for so long as is reasonably necessary for

the purposes of any examination or investigation

under paragraph (c);

(e) may take such measurements and photographs and

make such recordings as he considers necessary

for the purpose of any examination or investigation

under paragraph (c);

(f) may take samples of any articles or substances

found in the premises or ship and of the atmosphere

in or in the vicinity of the premises or ship;

(g) may, in the case of any article or substance which he

finds in the premises or ship and which appears to

him to have caused or to be likely to cause danger to

health or safety, cause it to be dismantled or

subjected to any process or test, but not so as to

Further powers of

inspectors.

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damage or destroy it unless that is in the

circumstances necessary;

(h) may, in the case of any such article or substances as

is mentioned in paragraph (g), take possession of it

and detain it for so long as is necessary for all or

any of the following purposes, namely —

(i) to examine it and do to it anything which he

has power to do under that paragraph,

(ii) to ensure that it is not tampered with before

his examination of it is completed,

(iii) to ensure that it is available for use as

evidence in any proceedings for an offence

under this Act or any instrument made under it;

(i) require persons on board a ship to carry out such

work as may be requisite for testing any equipment

the inspector considers it necessary to test;

(j) may require any person who he has reasonable cause

to believe is able to give any information relevant to

any examination or investigation under paragraph (c)—

(i) to attend at a place and time specified by the

inspector, and

(ii) to answer, in the absence of persons other

than a any persons whom the inspector may

allow to be present and a person nominated

to be present by the person on whom the

requirement is imposed, such questions as the

inspector thinks fit to ask, and

(iii) to sign a declaration of the truth of his answers;

(k) may require the production of, and inspect and take

copies of, or of any entry in —

(i) any books or documents which by virtue of

any provision of this Act are required to be

kept; and

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(ii) any other books or documents which he

considers it necessary for him to see for the

purposes of any examination or investigation

under paragraph (c);

(l) may require any person to afford him such facilities

and assistance with respect to any matters or things

within that person’s control or in relation to which

that person has responsibilities as the inspector

considers are necessary to enable him to exercise

any of the powers conferred on him by this

subsection.

(2) It is hereby declared that nothing in the subsection (1) of

this section authorises a person unnecessarily to prevent a ship

from proceeding on a voyage.

(3) Where an inspector proposes to exercise the power

conferred by subsection (1) (g) in the case of an article or

substance found in any premises or ship, he shall, if so requested

by a person who at the time is present in, and has responsibilities

in relation to the premises or ship, cause anything which is to be

done by virtue of that power to be done in the presence of that

person unless the inspector considers that its being done in that

person’s presence would be prejudicial to the safety of that person.

(4) Before exercising the power conferred by subsection (1)

(g), an inspector shall consult such persons as appear to him

appropriate for the purpose of ascertaining what danger if any,

there may be in doing anything which he proposes to do under

that power.

(5) Where under the power conferred by subsection (1) (h),

an inspector takes possession of any article or substance found

in any premises or ship, he shall leave there, either with a

responsible person or, if that is impracticable, fixed in a

conspicuous position, a notice giving particulars of that article

or substance sufficient to identify it and stating that he has

taken possession of it under that power; and before taking

possession of any such substance under that power an inspector

shall, if it is practicable for him to do so, take a sample of the

substance and give to a responsible person at the premises or

on board the ship a portion of the sample marked in a manner

sufficient to identify it.

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(6) No answer given by a person in pursuance of a requirement

imposed under subsection (1) (i) shall be admissible in evidence

against that person or the husband or wife of that person in any

proceedings except proceedings in pursuance of subsection (1)

(c) of section 259 in respect of a statement in or a declaration

relating to the answer; and a person nominated as mentioned in

the said subsection (1) (i) shall be entitled, on the occasion on

which the questions there mentioned are asked, to make

representations to the inspector on behalf of the person who

nominated him.

PART XII

JURISDICTION AND LEGAL PROCEEDINGS

CHAPTER 1

JURISDICTION

263. (1) For the purpose of giving jurisdiction under this

Act, every offence shall be deemed to have been committed and

every cause of complaint to have arisen, either in the place in

which the same actually was committed or arose, or in any place

in which the offender or person complained against may be.

(2) Where, in any legal proceedings under this Act, a question

arises whether any ship or person is or is not within the

provisions of this Act or of some Part of this Act, the ship or

person shall be deemed to be within those provisions unless

the contrary is proved.

264. Where any district within which any court has

jurisdiction either under this Act or any other enactment or at

common law for any purpose whatsoever is situated on the

coast of any sea or abutting on or projecting into any bay or

other navigable water, every such court shall have jurisdiction

over any ship being in or near that bay or navigable water, and

over all persons on board that ship or for the time being belonging

thereto, in the same manner as if the ship or persons were within

the limits of the original jurisdiction of the court.

265. Notwithstanding anything contained in any other law

in force in Antigua and Barbuda but subject to the provisions of

section 264 —

Jurisdiction

Jurisdiction over

ship lying or pass-

ing off the coast.

Jurisdiction to

try offences

committed on

board ships.

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(a) where any person being a citizen of Antigua and

Barbuda is charged with having committed any

offence on board any Antigua and Barbuda ship

wherever the ship may be;

(b) where any person not being a citizen of Antigua and

Barbuda is charged with having committed any

offence on board an Antigua and Barbuda ship, in

the territorial sea of Antigua and Barbuda or on the

high seas;

(c) where any person not being a citizen of Antigua and

Barbuda is charged with having committed any

offence on board a ship, other than an Antigua and

Barbuda ship, at any port in Antigua and Barbuda

or in the territorial sea of Antigua and Barbuda;

and that person is found in Antigua and Barbuda, any court that

would have heard the offence if it had been committed within

the limits of its ordinary jurisdiction shall have jurisdiction to try

the offence as if it had been so committed.

266. Any offence against property or person committed on

any Antigua and Barbuda ship at any place outside Antigua and

Barbuda by any master, seafarer, or apprentice, who at the time

when the offence is committed is employed in any Antigua and

Barbuda ship, shall be —

(a) an offence of the same nature respectively and be

liable to the same punishments respectively, and

(b) be inquired into, heard, tried, determined and

adjudged in the same manner and by the same courts

and in the same places,

as if that offence had been committed within the

country of the port of registry of their ship.

267. (1) No court in Antigua and Barbuda shall entertain an

action in personam to enforce a claim to which this section

applies unless —

(i) the defendant has his habitual residence or a

place of business within Antigua and Barbuda;

Offences by

Antigua and

Barbuda

Seafarers.

Jurisdiction in

collision and

other cases.

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(ii) the cause of action arose within the waters of

Antigua and Barbuda or within the limits of a

harbour or port of Antigua and Barbuda; or

(iii) an action arising out of the same incident or

series of incidents is proceeding in the court,

or has been heard and determined by the court.

(2) No court in Antigua and Barbuda shall entertain an action

in personam to enforce a claim to which this section applies

until any proceedings previously brought by the plaintiff in any

court outside Antigua and Barbuda against the same defendant

in respect of the same incident or series of incidents have been

discontinued or otherwise come to an end.

(3) The provisions of subsection (1) and (2) apply to

counterclaims in proceedings arising out of the same incident or

series of incidents, as they apply to actions in personam, but as

if the references to the plaintiff and the defendant were

respectively references to the plaintiff on the counterclaim and

the defendant to the counterclaim.

(4) The provisions of subsections (1), (2) and (3) do not apply

to any action or counterclaim if the defendant thereto submits or

has agreed to submit to the jurisdiction of the court.

(5) Subject to the provisions of subsection (2), where a court

has jurisdiction for the purposes of this Act, the jurisdiction

shall extend to entertain an action in personam to enforce a

claim to which this section applies whenever any of the

conditions specified in paragraph (a) of subsection (1) is

satisfied; and the rules of court relating to the service of process

outside the jurisdiction apply as appropriate having regard to

the provisions of this subsection.

(6) Nothing in this section shall —

(a) prevent an action or counterclaim which is brought

under this section from being transferred to some

other court of competent jurisdiction; or

(b) affect proceedings in respect of any cause of action

arising before the coming into operation of this

section.

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(7) The claims to which this section applies are claims for

damage, loss of life, personal injury arising out of a collision

between ships, or out of the carrying out of or omission to carry

out a manoeuvre in the case of one or more or two or more ships

or out of noncompliance, on the part of one or more of two

ships, with the collision rules.

(8) For the avoidance of doubt, it is hereby declared that this

section shall apply in relation to the jurisdiction of any court not

being admiralty jurisdiction as well as in relation to its admiralty

jurisdiction, if any.

268. Where the registration of a ship is considered to be

closed on account of a transfer to persons not qualified to own

a registered Antigua and Barbuda ship, any unsatisfied mortgage

may, if the ship comes within the jurisdiction of any court in

Antigua and Barbuda which has jurisdiction to enforce the

mortgage, or would have had such jurisdiction if the transfer

had not been made, be enforced by that court notwithstanding

the transfer, without prejudice, in cases where the ship has been

sold under a judgment of a court, to the effect of that judgement.

CHAPTER 2

DETENTION AND DISTRESS ON SHIP

269. (1) Whenever —

(a) any damage has in Antigua and Barbuda or in any

part of the world been caused to any property

belonging to an Antigua and Barbuda citizen by

any ship not registered in Antigua and Barbuda, or

(b) a claim is made for damages by or on behalf of any

Antigua and Barbuda citizen in respect of personal

injuries, including fatal injuries against the owners

of any such ship,

and if at any time thereafter that ship is found in any part of or

place in Antigua and Barbuda or within the territorial limits

thereof, a Judge of the High Court may, upon it being shown to

him by any person applying summarily that the damage or injury

was probably caused by the misconduct or want of skill of the

master or mariners of the ship, issue an order directed on any

Jurisdiction as to

unsatisfied

mortgages.

Power to detain

foreign ship that

has occasioned

damage.

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officer of customs or other officer named by the Judge requiring

him to detain the ship until such time as the owner, or agent

thereof—

(i) has made satisfaction in respect of the damage

or injury, or

(ii) has given security to be approved by the

Judge to abide the event of any action, suit or

other legal proceedings that may be instituted

in respect of the damage or injury, and pay all

costs and damages that may be awarded

thereon.

(2) Any officer of customs or other officer to whom the order

is directed shall detain the ship accordingly.

(3) Where it appears that before an application can be made

under this section the ship in respect of which the application is

to be made will have departed from the limits of Antigua and

Barbuda, the ship may be detained for such time as will allow the

application to be made and the result thereof to be communicated

to the officer detaining the ship, and that officer shall not be

liable for any costs or damages in respect of the detention, unless

the same is proved to have been made without

reasonable grounds.

(4) In any legal proceedings in relation to any such damage

or personal injury, the person giving security shall be made

defendant and shall be stated to be the owner of the ship that

has occasioned the damage or injury; and the production of the

order of the judge made in relation to the security shall be

conclusive evidence of the liability of the defendant to the

proceeding.

270. (1) Where, under this Act, a ship is to be, or may be

detained, any person generally or specially authorised by this

Act or by the Director may detain the ship.

(2) If the ship, after detention or after service on the master of

any notice of an order for detention, proceeds to sea before it is

released by a competent authority, the master of the ship, and

also the owner and any person who sends the ship to sea, if that

owner or person is party or privy to the master’s offence, commits

Enforcement of

detention of ship.

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an offence and is liable on conviction to a fine not exceeding

five thousand dollars.

(3) Where under this Act a ship is to be detained, the

Comptroller of Customs shall refuse to grant port clearance; and

in any other case authorising the detention of a ship, the

Comptroller of Customs may refuse port clearance.

271. (1) In every case in which a conviction has been secured

against the owner of a ship for a contravention of any of the

provisions of this Act, and a fine has been imposed, the ship

shall, if the fine is not paid forthwith, be liable to be seized and,

after such reasonable notice as the Director may, in each case,

prescribe, may be sold by any person authorised for that purpose

in writing by the Director.

(2) Any person authorised under subsection (1) may, by bill

of sale, give to the purchaser a valid title to the ship free from

any mortgage or other claim thereon which at the time of the sale

may be in existence.

(3) Any surplus money remaining from the proceeds of sale

after paying the amount of the fine and the costs of conviction,

together with the costs of the seizure and sale, shall be paid over

to any person who has a maritime lien or other preferential claims

in respect of the ship or the mortgagee, or the owner as the case

may be.

272. Where any foreign ship is detained under this Act, and

any proceedings are taken under this Act against the owner or

master of any such ship, notice shall forthwith be given to the

consular officer for the country to which the ship belongs, at or

nearest to the port where the ship is for the time being, and such

notice shall specify the grounds on which the ship has been

detained or the proceedings have been taken.

273. Where a ship is held under any provision of this Act

requiring detention until the happening of a certain event, the

ship shall be deemed to be finally detained for the purposes of

section 269; and the owner of the ship shall be liable to pay to

the Government the costs of and incidental to the detention and

survey, if any, of such ship, and these costs shall, without

prejudice to any other remedy, be recoverable as salvage is

recoverable.

Seizure and sale of

ship in default of

payment of pen-

alty.

Notice to consu-

lar office in case

of detention of

foreign ship.

Cost of detaining

ship.

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274. (1) Where any court may make an order under this Act

directing payment to be made of any seafarer’s wages, fines or

other sums of money, then, if the party who is so directed to pay

the same is the owner or master of a ship, and the same is not

paid at the time or in the manner prescribed in the order, the

court which madethe order may direct the amount remaining

unpaid to be realised by distress sale of the ship, her tackle,

furniture and apparel; or the order may be removed into any

other court for the purpose.

(2) The remedy made available by this section is in addition

to any other powers for compelling the payment of money

ordered to be paid.

CHAPTER 3

LEGAL PROCEEDINGS

275.(1) (a) Subject to the provisions of this section, no action

shall be maintainable:

(i) to enforce any claim or lien against a ship

or her owners in respect of any damage or

loss to another ship, her cargo or freight,

or any property on board, or damages for

loss of life or personal injuries suffered by

any person on board, caused by the fault

of the former ship, whether such ship

be wholly or partly at fault; or

(ii) in respect of any salvage services,

unless proceedings therein are commenced within one year from

the date when the damage or loss or injury was caused or the

salvage services were rendered.

(b) An action shall not be maintainable under this

Act to enforce any contribution in respect of an

overpaid proportion of any damages for loss of

life or personal injuries unless proceedings therein

are commenced within one year from the date of

payment.

Distress sale.

Limitation of ac-

tions in civil pro-

ceedings.

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(2) Any court of competent jurisdiction may in accordance

with the rules of court extend any such period to such extent

and on such conditions as it thinks fit and shall, if satisfied that

during the period there has not been a reasonable opportunity

of arresting the defendant ship

(i) at any port in Antigua and Barbuda, or

(ii) within twelve miles of the coast thereof, or

(iii) locally within the jurisdiction of the country

to which the ship of the plaintiff belongs, or

(iv) in which the plaintiff resides or has his principal

place of business,

extend the period to the extent necessary to give such a

reasonable opportunity.

(3) Nothing in this section shall affect statutory provisions

as to compensation for workmen.

276. (1) Subject to the provisions of this section, where in

the course of any proceedings instituted under this Act before

any court or person authorised to receive evidence, the testimony

of any witness is required in relation to the subject matter of the

proceedings and the witness cannot be found in Antigua and

Barbuda, any deposition that the witness has previously made

on oath in relation to the same subject matter before any judge

or magistrate in any country other than Antigua and Barbuda or

before any diplomatic or consular officer of Antigua and Barbuda

in any foreign country shall be admissible in evidence.

(2) No deposition shall be admissible in criminal proceedings

unless the deposition was taken in the presence of the person

accused,and the judge, magistrate or diplomatic or consular

officer when authenticating the deposition made before him

certifies that the accused was present at the taking thereof.

(3) A deposition admissible for the purposes of this section

shall be deemed to be duly authenticated if it purports to have

been signed by the judge, magistrate or diplomatic or consular

officer before whom it was taken.

Depositions in

cases in which

witnesses cannot

be produced.

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(4) It shall not be necessary in any case to prove the signature

or official character of the person appearing to have signed any

such deposition; and in any criminal proceeding, a certificate

purporting to have been signed by the judge, magistrate or

diplomatic or consular officer before whom the deposition was

taken that the accused was present at the taking of the deposition

shall, unless the contrary is proved, be sufficient evidence of

the fact.

(5) Nothing in this section shall affect any case in which

depositions taken in any proceedings are rendered admissible

in evidence by any other enactment.

277. Notwithstanding anything in any other enactment where

any document is required by this Act to be executed in the

presence of, or to be attested by, any witness, that document

may be proved by the evidence of any person who is able to

bear witness to the requisite facts, without calling the attesting

witness.

278. (1) Where a document is under this Act declared to be

admissible in evidence, such document shall, on its production

from the proper custody.

(a) be admissible in any court or before any person

having proper authority to receive evidence, and

(b) unless admission is refused on any other ground,

be evidence of the matters stated therein in

pursuance of this Act or by any officer in pursuance

of his duties as such officer.

(2) A copy of any such document or extract therefrom shall

also be admissible in evidence —

(a) if proved to be a copy or extract made from or

compared with the original, or

(b) if it purports to be signed and certified as a true

copy or extract by the officer to whose custody the

original document was entrusted.

(3) Any person having authority to receive evidence shall

have the same powers as a court to impound any document to

Evidence and ser-

vice of document.

Admissibility of

documents in evi-

dence.

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which this section applies, which has a false or counterfeit seal,

stamp or signature attached thereto, and the restrictions which

apply for the admission of secondary evidence shall have effect

accordingly.

279. (1) Where, for the purposes of this Act, a document is

to be served on any person, that document may be served —

(a) in any case, by delivering a copy thereof personally

to the person to be served, or by leaving the same at

his last place of abode;

(b) if the document is to be served on the master of a

ship, where there is one, or on a person belonging

to a ship, by leaving the same for him on board that

ship with the person being, or appearing to be, in

command or charge of the ship;

(c) if the document is to be served on the master of the

ship, where there is no master, and the ship is within

Antigua and Barbuda, on the managing owner of

the ship, or, if there is no managing owner, on some

agent of the owner residing in Antigua and Barbuda,

or where no such agent is known or can be found

by affixing a copy thereof in some conspicuous place

in the ship.

(2) If any person obstructs the service on the master of the

ship of any document under the provisions of this Act relating

to the detention of ships as unseaworthy, that person commits

an offence; and, if the owner or master of the ship is party to the

obstruction, he commits an offence, in either case is liable on

conviction to a fine not exceeding two thousand dollars.

CHAPTER 4

OFFENCES

280. (1) Proceedings in respect of an offence under this Act

shall be instituted and conducted summarily.

(2) Any person who commits an offence under this Act or

does anything or omits to do anything in contravention of the

provisions of this Act or of any rule or regulation made

Prosecution of

offences and insti-

tuting of action.

Service of docu-

ments.

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thereunder, for which no specific penalty is provided, shall be

liable on conviction to a fine not exceeding five thousand dollars

or to a term of imprisonment not exceeding three months or to

both such fine and imprisonment.

(3) Where an offence under this Act is a continuing one, and

no penalty is provided in respect of the continuance thereof

elsewhere than in this section, every person who commits that

offence is, in addition to any other liability, liable to a fine not

exceeding one hundred dollars for every day or part of a day

during which the offence continues.

281. (1) Fines incurred or imposed under this Act may, except

as otherwise provided by this Act, be recovered in a court of

summary jurisdiction.

(2) Except as otherwise provided, expressions in this Act that

any person is liable to a fine shall be held to imply that that

person has committed an offence under this Act, and in the

absence of any express provision relating to imprisonment in

case of nonpayment of any fine imposed, the offender may,

upon default of payment of any such fine imposed, be imprisoned

for a term not exceeding six months unless such a fine is sooner

paid.

(3) Any reference in this Act to liability for a fine for a specific

amount is a reference to a fine not exceeding that amount.

282. Where any court imposes a fine under this Act for which

no specific application is provided in this Act, that court may

direct the whole or any part of the fine to be applied in

compensating any person for any wrong of damage that he may

have sustained by the offence in respect of which the fine

is imposed, or to be applied in or towards payment of the expenses

of the proceedings.

283. (1) Neither a conviction for an offence nor an order for

payment of money shall be made under this Act in any summary

proceedings instituted in any Magistrate’s Court —

(a) unless such proceedings are commenced within

six months after the commission of the offence or

after the cause of complaint arises, as the case

may be; or

Application of

fines.

Limitation of

time as to

summary

proceedings.

Recovery of fines.

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(b) if any of the parties to the proceedings happens during

that time to be out of Antigua and Barbuda unless the

proceedings are commenced, in the case of

(i) a conviction, within two months; and

(ii) an order, within six months

of the parties being together in Antigua and

Barbuda.

(2) No written law for the time being in force which limits the

time within which the proceedings may be instituted in any

Magistrate’s Court affects any proceedings under this Act.

284. Where an offence under this Act, or any regulations

made thereunder, which has been committed by a body corporate,

is proved to have been committed with the consent or

connivance of, or to be attributable to any neglect on the part of,

a director, manager, secretary or other similar officer of the body

corporate, or any person who was purporting to act in any such

capacity, he, as well as the body corporate, commits an offence,

and is liable to be proceeded against and punished accordingly.

PART XIII

SUPPLEMENTAL AND FINAL

CHAPTER 1

SHIPPING POLICY

285. Antigua and Barbuda shall follow recognised principles

of international law; and in particular —

(i) the principle of the freedom of the high seas

shall be duly recognised;

(ii) Antigua and Barbuda ships on the high seas

are subject to the lawof Antigua and Barbuda;

(iii) foreign merchant ships shall have the right of

innocent passage through the territorial sea

of Antigua and Barbuda;

Principles inter-

national law.

Offences by bod-

ies corporate.

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Measures to assist

shipping industry.

(iv) while in the territorial sea of Antigua and

Barbuda, foreign ships shall be within the

jurisdiction of the Government of Antigua and

Barbuda and be subject to its control,

particularly in matters pertaining to regulation

by Intranational Conventions, such as on

pollution, safety and maritime security;

(v) foreign ships shall have free access to Antigua

and Barbuda ports in the matter of port facilities

such as allocation of berths, loading and

unloading facilities as well as dues and

charges of all kinds levied in the name of

Government or public authorities, in

accordance with the provisions of the

Convention and Statute on International

Regime of Maritime Ports, 1923.

286. (1) Development of a national shipping industry shall

be accorded high priority in national policies and programmes.

(2) For such purposes, the Cabinet may adopt from time to

time all or any of the following measures of assistance to the

industry—

(i) direct participation of Government in the

shippingindustry and the establishment of

shipping enterprises in the public sector;

(ii) grant of loans on concessionary terms to

the shipping industry for the acquisition of

ships;

(iii) grant of Government guarantees to commercial

loans raised by shipowners;

(iv) grant of bonus to shipowners on the foreign

exchange earned by operation in overseas

trade;

(v) conclusion of bilateral agreements with

neighbouring countries for the sharing of the

export and import trade exclusively by the

national shipping lines of the two countries;

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(vi) tax concessions by way of tax holidays,

accelerated depreciation, investment allowance,

and tax free reserves;

(vii) tax concessions to exporters and importers

who patronise national shipping;

(viii) control of terms of sale and purchase of

commodities moving in the export and import

trade so as to channel as much as possible of

such commodities to national ships;

(ix) exemption from customs duty of ships

imported from abroad;

(x) exemption from customs duty of equipment

and spare parts of ships and material required

for ship repair;

(xi) exemption from tax on proceeds of sale of ships

when invested in the acquisition of

replacement ships;

(xii) imposition of obligation on foreign lines to

appoint Antigua and Barbuda lines as their

agents in Antigua and Barbuda.

287. The provisions of this Act may be modified in their

application to coastal-trade ships in such manner and to such

extent as the Minister may prescribe.

CHAPTER 2

FINAL CLAUSES

288. For the purpose of giving effect to any international

agreement or other international treaty instrument relating to

shipping or the prevention of pollution of the marine

environment, to which Antigua and Barbuda is a party, the

Minister may by order make such amendment to any provision

of this Act as appear to him to be necessary.

289. Where an international convention or other international

instrument applies to Antigua and Barbuda and a provision of

that convention or instrument and a provision of this Act conflict

Coastal trade.

Conventions to

prevail.

Implementation

of treaties.

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Contravention

of international

conventions.

Transitional

Cap 28.

Repeals.

Cap 28.

FIRST SCHEDULE

Section 7

MATTERS INTER ALIA ON WHICH REGULATIONS,

RULES OR DIRECTIVES MAY BE MADE

No. Matter

1 Reservation of coastal trade

Registration etc

Preliminary

2 Registration: all matters for and in connection with registration

3 Licensing of unregistered ships

4 Marking

5 Tonnage

6 Transfer of ownership

7 Transfer of property

8 Mortgages

Master etc

9 STCW certificates, criteria and mandatory minimum training requirements.

in any manner, the provision of the convention or instrument

shall prevail unless the Minister otherwise provides.

290. Where, in respect of any Antigua and Barbuda ship,

there is any contravention of a requirement of any international

convention or other international instrument which applies to

Antigua and Barbuda, the Director may suspend the certificate

of registry of the ship until the contravention is rectified.

291. Any act carried out under the repealed Antigua and

Barbuda Merchant Shipping Act Antigua and Barbuda shall be

treated as carried out under this Act.

292. The Antigua and Barbuda Merchant Shipping Act is

hereby repealed.

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10 Examination and assessment of seafarers. Annex to this Schedule

11 Manning scale

12 Crew agreements

13 Discharge of seafarers

14 Arrangements for employment

15 Employment of minors

16 Changes in crew

17 Conditions of service

18 Wages and accounts

19 Allotment notes

20 Safe working conditions, safe means of access and reporting of injuries.

21 Crew accommodation

22 Provisions and water, weights and measures

23 Medical stores; medical treatment, expenses of medical treatment

24 Complaints by seafarers

25 Periodical inspection for purposes of items 22-24

26 Relief and repartriation

27 Property of deceased seafarers

28 Documentation and returns

Other

29 Local safety certificates

30 Surveys

31 Fees

32 Forms

33 Conduct of investigations or imquiries, or rehearings thereof

34 Implementation of treaties

No. Matter

35 Small Commercial Vessels (SCV) Code

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SECOND SCHEDULE

Section 64

APPROPRIATE CERTIFICATES, CRITERIA AND

MANDATORY MINIMUM TRAINING REQUIREMENTS

PRESCRIBED BY THE STCW CONVENTION

1. QUALIFICATION AS AN OFFICER

A person is qualified as an officer for the purpose of Part IV if as an officer he

holds a certificate of competency in one of the following capacities:

(a) (i) master

(ii) chief mate, or

(iii) officer in charge of a navigational watch, or

(b) (i) chief engineer officer

(ii) second engineer officer, or

(iii) engineer in charge of an engineering watch, or

(c) radio operator.

2. APPROPRIATE CERTIFICATES

Any officer serving in the capacity set out in column one of the table below

shall hold an appropriate certificate for that capacity. A person shall be

entitled to be issued with such an appropriate certificate only if he complies

with the criteria in regulations annexed to the STCW Convention, and

specified in column two of the table in relation to that entry, and other

requirements specified and laid down in the relevant rules and procedures of

the Antigua and Barbuda Management System.

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Master and Deck Department Regulations annexed to STCW

Convention

Officer in charge of a navigational watch

on any ship of 500 GT or more.

Master or chief mate on a ship of 3000

GT or more.

Officer in charge of a navigational watch

on a ship of less than 500 GT engaged

on near coastal or international coastal

voyages.

Master or chief mate on a ship between

500 GT and 3000 GT

Master on a ship of less than 500 GT

engaged on near coastal or international

coastal voyages.

Regulation II/1.2

Regulation II/2.4

Regulation II/2.2

Regulation II/3.4

Regulation II/3.6

Officer incharge of an engineering

watch in a manned engine room, or des-

ignated duty Engineer officer in a peri-

odically unmanned engine room, on a

ship powered by main propulsion ma-

chinery of 750 KW propulsion power

or more.

Chief engineer officer or second engi-

neer officer on a ship powered by main

propulsion machinery of 3000 KW pro-

pulsion power or more.

Chief engineer officer or second engi-

neer officer on a ship powered by main

propulsion machinery of between 750

KW and 3000 KW propulsion power.

Regulation III/1.2

Regulation III/2.2

Regulation III/3.2

TABLE OF CRITERIA FOR APPROPRIATE CERTIFICATE

Engine Department Regulations annexed to STCW

Convention

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3. SAFE MANNING CERTIFICATES

(a) ADOMS shall issue a “Safe Manning Certificate” to each ship

according to the standards prescribed by the STCW Convention and

IMO Resolution A. 890 (21).

(b) The grades and numbers of personnel listed in the Safe Manning

certificate shall reflect the minimum level of manning necessary for the

safety of navigation and operation. Additional personnel as may be

necessary for maintenance, cargo handling or watch keeping are the

responsibility of the company, master and chief engineer.

4. SEAFARERS AT THE SUPPORT LEVEL AND HOLDERS OR

OTHER QUALIFICATIONS

(a) Every seafarer at the support level forming part of a navigational watch

on a ship of 500 GT or more, other than seafarers at the support level

under training and seafarers at support level whose duties while on

watch are of an unskilled nature, shall hold a certificate issued in

accordance with Regulation II/4.2 of the STCW Convention, by an

Administrations, the certificates of which are recognised by Antigua

and Barbuda.

(b) Every seafarer at the support level forming part of an engine room

watch or designated to perform duties in a periodically unmanned

engine room on a ship powered by main propulsion machinery of 750

kW propulsion power or more, other than seafarers at the support

level under training and seafarers at the support level whose duties

are of an unskilled nature, shall hold a certificate issued in accordance

with Regulation III/4.2 of the STCW Convention, by an Administrations,

the certificates of which are recognised by Antigua and Barbuda.

(c) The qualifications of seafarers serving on ships less than 500 GT and

powered by main propulsion machinery of 350 kW or more, but less

than 750 kW shall be specified by the Director.

5. RADIO-PERSONNEL ON GMDSS SHIPS

(a) Every person in charge of, or performing, radio duties on a ship required

to participate in the GMDSS, shall hold an appropriate certificate issued

under the relevant provisions of the STCW Convention and the

requirements of Chapter IV of the SOLAS Convention, by an

Administration, the certificates of which are recognised by Antigua

and Barbuda.

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(b) Every seafarer for service on a ship which is required by the SOLAS

Convention to have a radio installation shall:

(i) be not less than 18 years of age, and

(ii) have completed approved education and training and meet the

standard of competence specified in Section A-IV/2 of the STCW

Code.

6. MANDATORY MINIMUM REQUIREMENTS FOR THE TRAINING

AND QUALIFICATION OF MASTERS, OFFICERS AND SEAFARERS

AT THE SUPPORT LEVEL ON TANKERS

(a) Officers and ratings assigned specific duties and responsibilities

related to cargo or cargo equipment on tankers shall hold a certificate

or documentary evidence of training issued in accordance with Section

A-V/1 paragraphs 2 - 7 of the STCW Code, by an Administration, the

certificates of which are recognised by Antigua and Barbuda.

(b) Masters, chief engineer officers, chief mates, second engineer officers

and any person with immediate responsibility for loading, discharging

and care in transit, or handling of cargo on board oil tankers, shall hold

a certificate or documentary evidence of training issued in accordance

with Section A-V/1 paragraphs 8 - 14 of the STCW Code, by an

Administration, the certificates of which are recognised by Antigua

and Barbuda.

(c) Masters, chief engineer officers, chief mates, second engineer officers

and any person with immediate responsibility for loading, discharging

and care in transit, or handling of cargo on board chemical tankers,

shall hold a certificate or documentary evidence of training issued in

accordance with Section A-V/1 paragraphs 15 - 21 of the STCW Code,

by an Administration, the certificates of which are recognised by

Antigua and Barbuda.

(d) Masters, chief engineer officers, chief mates, second engineer officers

and any person with immediate responsibility for loading, discharging

and care in transit, or handling of cargo on board liquefied gas tankers,

shall hold a certificate or documentary evidence of training issued in

accordance with Section A-V/1 paragraphs 22 - 34 of the STCW Code,

by an Administration, the certificates of which are recognised by

Antigua and Barbuda.

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7. MANDATORY MINIMUM REQUIREMENTS FOR FAMILIARISATION,

BASIC SAFETY TRAINING AND INSTRUCTION FOR ALL SEAFARERS

All seafarers shall receive familiarisation and basic safety training or

instruction in accordance with Section A-VI/1 of the STCW Code and shall

meet the appropriate standard of competence specified therein.

8. MANDATORY MINIMUM REQUIREMENTS FOR CERTIFICATES OF

PROFICIENCY IN SURVIVAL CRAFT, RESCUE BOATS AND FAST RESCUE

BOATS ISSUED UNDER THE RELEVANT PROVISIONS OF THE

CONVENTION, BY AN ADMINISTRATION, THE CERTIFICATES OF

WHICH ARE RECOGNISED BY ANTIGUANANDNBARBUDA.

(a) Every person designated to launch or take charge of survival craft

or rescue boats other than fast rescue boats shall hold a certificate

of proficiency issued under the provisions of regulation VI/2

paragraph 1 of the Annex of the STCW Convention by an

Administration, the certificates of which are recognised by Antigua

and Barbuda.

(b) Every person designated to launch or take charge of a fast rescue

boat shall hold a certificate of proficiency issued under the provisions

of regulation VI/2 paragraph 2 of the Annex of the STCW Convention

by an Administration, the certificates of which are recognised by

Antigua and Barbuda.

9. MANDATORY MINIMUM REQUIREMENTS FOR TRAINING IN

ADVANCED FIRE FIGHTING

(a) Seafarers designated to control fire fighting operations shall have

successfully completed advanced training in techniques for fighting

fire with particular emphasis on organisation, tactics and command in

accordance with the provisions of Section A-VI/3 of the STCW Code

and shall meet the standard of competence specified therein.

(b) Where training in advance fire fighting is not included in the certificate

of the seafarer, the seafarer must be furnished with a special certificate

or documentary evidence, as appropriate, issued in accordance with

the provisions of Section A-VI/3 of the STCW Code, by an

Administration, the certificates of which are recognised by Antigua

and Barbuda.

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10. MANDATORY REQUIREMENTS RELATING TO MEDICAL FIRST AID

AND MEDICAL CARE

(a) Seafarers designated to provide medical first aid on board ship shall

meet the standard of competence in medical first aid specified in Section

A-VI/4, paragraphs 1 - 3 of the STCW Code.

(b) Seafarers designated to take charge of medical care on board ship

shall meet the standard of competence in medical care on board ships

specified in Section A-VI/4, paragraphs 4 - 6 of the STCW Code.

Where training in medical first aid or medical care is not included in the certificate

of the seafarer, the seafarer must be furnished with a special certificate or

documentary evidence, as appropriate, issued in accordance with the provisions

of Section A-VI/4 of the STCW Code by an Administration, the certificates of

which are recognised by Antigua and Barbuda.

THIRD SCHEDULE

Member States

(i) Anguilla

(ii) Barbados

(iii) Belize

(iv) Commonwealth of Dominica

(v) Grenada

(vi) Haiti

(vii) Guyana

(viii) Jamaica

(ix) Montserrat

(x) St. Christopher

(xi) Saint Lucia

(xii) Saint Vincent and the Grenadines

(xiii) Suriname

(xiv) Trinidad and Tobago

161The Antigua and Barbuda Merchant

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____________

Printed at the Government Printing Office, Antigua and Barbuda,

by Eric T. Bennett, Acting Government Printer

—By Authority, 2006.

800—4.06 [ Price $61.40 ]

Passed the House of Representatives this

2nd day of August, 2006.

D. Giselle Isaac-Arrindell,

Speaker.

Yvonne Henry,

Clerk to the House of Representatives.

Passed the Senate this 23rd day

of August, 2006.

Hazlyn M. Francis,

President.

Yvonne Henry,

Clerk to the Senate.

162 The Antigua and Barbuda Merchant

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Directors who will be administrative and technical managers of the Department of

Marine Services.

Under clause 7 of the Bill, the Minister would be empowered to make regulation

generally to enable the provisions on the Act to be implemented the Minister is

authorised under this clause to make regulations in respect of the matters specified

in the First Schedule.

In addition to the specified subjects in the First Schedule, the Minister has

certain powers under clause 8 to make regulations to implement and give effect to

certain international conventions affecting shipping operation and maritime affairs.

Registration of Antigua and Barbuda ships is required to be carried out by

registrars appointed by the Minister who would be required to function under the

Director. Public officers appointed under this Act are protected against acts carried

in good faith in the performance of their functions.

Part III addresses the registration of ship-mortgages and Maritime liens. It con-

tains no new policy changes. In Chapter 1, clause 11 sets out the criteria for regis-

tration of ship as Antigua and Barbuda ship. This qualification includes owners

who are Antigua and Babruda citizens and companies incorporated under the

Companies Act, corporations incorporated under the International Business Cor-

poration Act, external companies and partnerships registered under the Companies

Act. The Cabinet is also empowered under the legislation to allow registration of

ships owned by entities not qualified under the criteria sets out in clause 11. The

Bill retains the existing provision which exempts external companies and corpora-

tions incorporated under the International Business Corporations Act from the

payment of income tax, capital gains tax and other direct taxes imposed by law for a

period of fifty years.

Clauses 12 and 13 declare the port of St. John’s the port of registry and the site

of the office of the Registrar General.

The ships register created under this legislation is divided into three parts,

namely the International Ships Register which is maintained in Germany, the

register for megayachts that is pleasure yachts of over 24 meters in length and

the local register are maintained in Antigua and Barbuda. No ship which is

subject to the Safety Convention (the International Convention on the Safety

at Sea, 1974, as amended, known as ( ‘SOLAS’ ) may be registered on the local

registry.

The Bill proposes that ships which are registered on the International Ships

Register must be entered in with a Classification Society, which is a member of the

International Association of Classification Societies.

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Chapters 2 permits ships registered on a foreign registry which are bareboat

chartered for a period of a at least 6 months, to be registered on the International

Ships Register and to operate as Antigua and Barbuda ships.

Chapters 3 contains provisions enabling Antigua and Barbuda ships which are

bareboat chartered to be registered as a chartered bareboat in a foreign register and

use the colours of the country of such foreign register.

Chapters 4, 5, and 6 contain standard provisions on transfers of property in

ships or interest in such property. Chapter 4 proposes that such transfers may be

effected only by an instrument in writing. A property in a ship may also be transmit-

ted on the death or insolvency of the registered owner by any lawful means. Provi-

sion is also made to use a registered ship or interest in such registered ship as

security for a loan and sets out the manner of determining preferences in case there

is more than one mortgage on the same ship.

Chapter 5 addresses the question of maritime liens and specifies the claims which

may give rise to maritime liens. Clause 48 provides that no ship shall be registered

without the consent of the holders of the mortgages and other preferential rights.

Part IV which contains eight chapters provides for the implementation and

compliance of Antigua and Barbuda’s obligation under the International Conven-

tion on Standard Training, Certification and watch Keeping 1978 (STCW).

Chapter 1 of Part IV consolidates the existing amendments which give effect to

the International Convention on Standards of Training, Certification and Watch-

keeping 1978/1995 ( ‘STCW’ ). For the time being Antigua and Barbuda does not

issue its own certificates to officers and other seafarers because it lacks the re-

sources to do so. It however endorses certificates issued by other Parties to SCTW

Convention and which is recognised by Antigua and Barbuda and the International

Maritime Organization under the STCW Convention.

Chapters 2 of Part IV makes provision for the disqualification of seafarers and

holders of certificates other than other certificates of officers. That chapter retains

the provisions of the existing legislation on disqualification and certification as well

as the proposals for Procedures for disqualification of seafarers.

Chapters 3 to 8 provide the guidelines for the employment or dismissal of the

shipcrew, the contents of the terms and conditions of engagement, discipline of

seafarers, the payment of wages and compensation for seafarers improperly dis-

missed. The employment of children on ships and the protection of the rights and

remedies of seafarer’s lien are also addressed under these chapters.

Part V provides for the safety of navigation and security at sea. The rules and

164 The Antigua and Barbuda Merchant

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regulations that govern safety and security are contained in international conven-

tions, such as, the Collision Regulation Convention and the International Conven-

tion for Safety of Life at Sea (SOLAS). The Bill provides for the enforcement of

these conventions as law in Antigua and Barbuda.

Chapter 6 of Part V creates offences for sending ships to sea in such unworthy

state that the life of any person is likely to be endangered. In addition to the

penalties attached to the violation of this provision, a ship may be detained by the

Marine Authorities in Antigua and Barbuda until it is cleared safe to proceed on its

voyage.

The provision of Part VI is designed to implement the requirement of maritime

security as contained in Chapter XI-2 of the SOLAS Convention. The obligations

of companies are defined and the companies are required, among other matters, to

appoint for every ship security officers who are qualified and properly trained. In

addition, every ship is required to have a security plan which conforms with the

International Code for Security of Ships and Port Facilities (ISPS). This Part also

prescribes the duties and responsibilities of security officers and the responsibili-

ties of the Marine Authorities to ensure compliance with the Code. Chapter 4 re-

quires Port Facility Operators to comply with the ISPS Code and ensure that there

are qualified officers to enforce the Code. Chapter 5 imposes obligations on Port

Facility Operators to promote periodic drills and exercises as a means of maintain-

ing efficiency and effective security system at the ports.

Chapter 1 of Part VII gives effect to the International Convention for the Preven-

tion of Pollution from Ships 1973/1978, as amended, ( ‘MARPOL’ ). The MARPOL

convention is designed to prevent the continued treatment of the seas as a giant

garbage heap. MARPOL provides, among other things, discharge regulations for

waste generated by the normal operation of ships. It also requires ports to provide

reception facilities on hand as an alternative to discharge at sea. Provision is made

to authorise the Maritime Authorities to enforce the guidelines introduced by the

MARPOL Convention against ship-owners as well as Port Facility Operators.

The International Convention on Civil Liability for Oil Pollution Damage 1992

deals with the liability of ship-owners of oil pollution damage. The convention lays

down principles of strict liability for the ship-owner and requires the ship owner to

take out liability insurance. The legislation allows the ship-owner to limit his liabil-

ity to the amount which is linked to the tonnage of his ship. The provisions of the

Convention on Civil Liability for Oil Pollution Damage have been incorporated in

this legislation as Chapter 2 of Part VII and would be enforceable against ships

registered in this jurisdiction or ships entering the ports of Antigua and Barbuda.

Part VII of the Bill contains provision for handling wreck and salvage opera-

tions. This part is re-enactment of Part VI of the existing legislation.

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Part IX would make provision for the contractual terms and conditions under

which ships would be required to carry passengers and their luggage. The liability

of ship owners for loss, injury or damage for carrying persons and luggage are

provided in the Athens Convention relating to the Carriage of Passengers and their

luggage at Sea 1974. This Convention has not been ratified by Antigua and Barbuda.

Provision is made to enable the Minister to apply the provisions of this Convention

in Antigua and Barbuda whenever it is ratified Chapter 2 of Part IX allows ship-

owners to limit their liability for the carriage of passengers and their luggage in

certain circumstances.

Chapter 4 would enable ratification and implementation of the Brussels Protocol,

1968 (which amends the International Convention for the Unification of certain

Rules relating to Bills of Lading, 1924) and the United Convention on a Code of

Conduct for Liner Conferences, 1974.

Part X prescribes the procedure for holding inquiry and investigation into

marine casualties. The provisions of this Part have specified these casualties

which includes loss or presumed loss, grounding, damage or abandonment of

ship or loss of life, serious injury to any person caused by fire on board or

accident occurring on board a ship belonging to Antigua and Barbuda waters.

These are procedures approved and recorded by the International Maritime

Organization.

The appointment of surveyors and inspectors for surveying and inspecting

ships for purposes of this legislation is addressed in Part XI. The duties of inspec-

tors are set out in clause 259 and include the enforcement and compliance of the

Act, the regulations and directives made under the Act as well as the observance of

International Conventions to which Antigua and Barbuda is a party.

Part XII which addresses matters relating to jurisdiction and legal proceedings

affecting persons, properties and places where certain occurrences take place, is a

re-enactment Part VII of the existing Act.

Part XIII deals with supplemental matters and declares Antigua and Barbuda’s

commitment to the principles of international law and would recognise in particular

the freedom of the high seas and the right of innocent passage through the territo-

rial sea of Antigua and Barbuda. The jurisdiction of Antigua and Barbuda over

foreign ships within its waters, particularly in matters pertaining to international

convention on pollution, safety at sea and marine security are restated. Antigua

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and Barbuda would continue to uphold the right of foreign ships to have access to

Antigua and Babruda Ports.

Finally, the Bill declares the Government’s policy to develop the shipping regis-

try into a would class registry.

Justin L. Simon, Q.C.

Attorney General and

Minister of Legal Affairs.

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ANTIGUA AND BARBUDA

ANTIGUA AND BARBUDA MERCHANT SHIPPING ACT, 2006

ARRANGEMENT OF SECTIONS

PART 1

PRELIMINARY

1. Short title

2. Interpretation

3. Reservation of coastal trade

4. Insurance requirement

PART II

ADMINISTRATION AND IMPLEMENTATION

5. Minister’s power

6. Appointment of officers

7. Regulations and directives

8. Regulations and directives to give effect in Antigua and Barbuda to maritime

conventions.

9. Registrar of Antigua and Barbuda ships

10. Protection of public officers

PART III

REGISTRATION OF SHIPS — MORTGAGES — MARITIME LIENS

CHAPTER 1 — REGISTRATION OF ANTIGUA AND BARBUDA SHIPS

11. Qualification to own Antigua and Barbuda ships

12. Port of registry

13. The register

14. Ships which may not be registered

15. Office of registrar General

16. Survey

17. Tonnage

18. Class

19. Marketing of ships

20. Declaration of ownership

21. Cancellation of foreign registry

22. Entry of particulars in registry

23. Certificate of registry

24. Provisional certificate of registry

25. Trusts, equitable interests and liabilities of beneficial interests

26. Carriage of Antigua and Barbuda Merchant Shipping Act

CHAPTER 2 — REGISTRATION OF CHARTERED BAREBOATS

27. Registration of chartered bareboats

28. Conditions for registration of chartered bareboats

29. Measurement in respect of a chartered bareboat

30. Name of registered chartered bareboat

31. Re-registration of a chartered bareboat

32. Mortgages in respect of chartered bareboats registration

33. De-registration of a chartered bareboat

CHAPTER 3 — REGISTRATION OF ANTIGUA AND BARBUDA SHIPS:

BAREBOATS CHARTERED OUT IN A FOREIGN REGISTER

34. Registration as chartered bareboats in a foreign register

35. Conditions of permission for registration of chartered bareboats in a foreign

register

36. Name of chartered bareboats registered in a foreign register

37. Flag

38. Exclusive application of Antigua and Barbuda law in respect of ownership

and encumbrances

39. Withdrawal of permission

CHAPTER 4 — TRANSFER, TRANSMISSION AND MORTGAGES

40. Transfer of Antigua and Barbuda ship or share or interest therein

41. Transmission on death or insolvency

42. Mortgage of ship or share

43. Mortgagee not deemed to be owner

44. Rights of mortgagee

45. Mortgage not affected by insolvency

46. Transfer of mortgages and shares

47. Transmission of interest

CHAPTER 5 — MARITIME LIENS

48. Restriction on de-registration

49. Priority of Maritime liens-claims secured by maritime liens

50. Order of priority of maritime liens

51. Rights of shipbuilders and ship repairs

52. Over-riding nature of maritime liens

53. No lien attaching to claims related to radioactive material

54. Limitation period

55. Interruption of limitation period

56. Effect of forced sale of ship

57. Proceeds of sale

58. Certificate to the purchaser

CHAPTER 6 — NATIONAL CHARACTER AND FLAG

59. National colours

60. Hoisting national colours

61. Nationality and flag to be declared before clearance

62. Unlawful assumption of Antigua and Barbuda character

63. Concealment of Antigua and Barbuda character or assumption of foreign

character

PART IV

MASTERS, OFFICERS, SEAFARERS AND CADETS

CHAPTER 1 — MANNING AND CERTIFICATES

64. STCW Convention

65. Dispensations

66. Uncertified and unauthorised officers

67. Form of certificates and endorsement

68. Responsibilities

69. Loss of certificates

70. Control procedures

71. Conduct of trails

72. Recognition of certificates issued abroad

73. Assessment of seafarers

74. Revalidation of certificates

75. Offences relating to certificates etc.

CHAPTER 2 — DISQUALIFICATION OF SEAFARERS AND INQUIRIES

76. Inquiry into fitness or conduct of officer

77. Disqualification of holder of certificate other than officer’s certificate

78. Further power to cancel, suspend or withdraw endorsements etc.

CHAPTER 3 — ENGAGEMENT AND DISCHARGE OF CREW

79. Physical fitness and medical standards

80. Crew agreement

81. Compensation to seafarers improperly discharged

82. Employment of children and young persons as seafarers

83. No derogation from international law relating to employment of children and

young persons

84. No ousting of jurisdiction

CHAPTER 4 — PAYMENT OF WAGES

85. Time and manner of payment

86. Master to deliver account of wages

87. Deductions

88. Settlement of wages

89. Director’s decision as to wages

90. Director may require ship’s papers

91. Rate of exchange

92. Restriction on assignment of and charge upon wages

93. Power of court to award interest on wages due otherwise than under crew

agreement

94. Allotment notes

95. Wages on termination of services by wreck, illness, etc.

96. Protection of rights and remedies

97. Remedies of master

98. Deduction from wages

99. Wages not to depend on freight

100. Refusal to work and illness caused by his own default

CHAPTER 5 — PROVISIONS AS TO DISCIPLINE

101. Endangering safety of ship or of persons on board

102. General offences against discipline

103. Refusal to serve on unseaworthy ship

104. Trade disputes involving seafarers

105. Entry of offences in logbook

106. Offence of making false statement

107. Suspension of certificate of discharge

CHAPTER 6 — RELIEF AND REPARTRIATION OF

SEAFARER LEFT BEHIND

108. Maintenance and requirement of seafarer Left Behind

109. Relief of distressed seafarers

CHAPTER 7 — LOGBOOKS

110. Form, maintenance and custody of logbook

111. Entries required in official logbook

112. Delivery of official logbook to Director when not required

113. Offense in respect of logbook

114. Seafarer’s book

CHAPTER 8 — RIGHTS AND DUTIES OF MASTER

115. Rights and duties of master

PART V
SAFETY OF NAVIGATION

CHAPTER 1 — GENERAL

116. Prescribed complement of certificated crew

117. Record of boat drill or fire drill

118. Report of accident and loss of ship

119. Apprehended loss of the ship

CHAPTER 2 — PREVENTION OF COLLISIONS

120. Collision Regulations

121. Collisions to be entered in the official logbook

122. Duty to assist in case of collision

CHAPTER 3 — SAFETY AT SEA

123. International Convention on the Safety of Life at Sea (SOLAS)

124. Application of SOLAS to non-Convention ships

125. Surveys

126. Certification

127. Detention

128. General compliance duty, and offences

129. Fraud, misuse of certificates etc.

130. Customs clearance

131. Breach of safety rules: offences by owners

132. Penalty for non-compliance with conditions of emption certificate

133. Exemption for non-SOLAS Convention ships from compliance with this Part

CHAPTER 4 — LOAD LINES

134. International Convention on Load Lines 1966 to have the force of law

135. Interpretation of Load Line Convention

136. Application of Load Line Convention to non-Convention ships

137. Assignment of freeboards

138. General compliance

139. Fraud, misuse etc. of certificates

140. Offences

141. Clearance

142. Detention

CHAPTER 5 — DANGER

143. Carriage of dangerous goods

CHAPTER 6 — UNSEAWORTHY SHIPS

144. Sending unseaworthy ship to sea

145. Unseaworthy ship to be detained etc.

146. Liability for cost and damages

147. Power to require from complainant security for costs

PART VI

MARITIME SECURITY

CHAPTER 1— PRELIMINARY

148. Interpretation of Part VI

149. Application

CHAPTER 2 — SHIPS

150. Requirements for companies

151. Ship security plans

152. Company security officer

153. Ship security officer

154. Requirements for ships

155. Ship security alert system

156. Master’s discretion for ship safety and security

157. Verification for ships

158. Issue, endorsement, duration and validity of certificate

159. Interim certificates

160. Prohibition on proceeding to sea without appropriate certificate

CHAPTER 3 — CONTROL AND COMPLIANCE MEASURES

161. Control of ships in port

162. Ships intending to enter a port.

163. Additional control and compliance provisions

CHAPTER 4 — PORT FACILITIES

164. Port facilities: duties of port facility operator

165. Port facility security officer

166. Drills and exercises.

CHAPTER 5 — ENFORCEMENT

167. Requirement to provide information

168. Powers of inspection

169. False statements relating to baggage, cargo etc.

170. False statements in connection with identity documents

171. Unauthorised presence in restricted zone

172. Offences relating to authorised persons

PART VII

PREVENTION OF POLLUTION

CHAPTER 1 — MARPOL CONVENTION

173. The MARPOL Convention to have the force of law in Antigua and Barbuda

174. Antigua and Barbuda ships

175. General compliance duty and offences

176. Fraud, misuse of certificates, etc.

177. Ships presenting threat to marine environment

178. Certificates and special rules on inspection of ships

179. Detention of violations and enforcement of the Part

180. Detention

181. Reporting pollution and other incidents

182. Customs clearance

CHAPTER 2 — CIVIL LIABILITY FOR OIL POLLUTION

183. International Convention on Civil Liability for Oil Pollution Damage, 1992, to

have the force of law

184. International Convention on the Establishment of an International Fund for

Compensation for Oil Pollution Damage, 1992, to have the force of law.

185. Meaning of state of ship’s registry

186. Compulsory insurance against liability for pollution

187. Enforcement of compulsory insurance requirement

188. Issue of certificate by the Administration

189. Cancellation and delivery up of certificates

190. Conversion of Special Drawing Rights

191. Definition of “associated person”

192. Power to obtain information

193. Jurisdiction of the courts and registration of foreign judgments

194. Admiralty jurisdiction

195. Reciprocal enforcement of foreign judgments

PART VIII

WRECK AND SALVAGE

CHAPTER 1 — PRELIMINARY

196. Interpretation of Part VIII

197. Principal Receiver of Wreck and Receivers

198. Fees of Receiver of Wreck

CHAPTER 2 — SHIPS IN DISTRESS:

FUNCTIONS OF RECEIVER OF WRECK

199. Duty of Receiver on receipt of report of wreck

200. Power of Receiver of Wreck

201. Power to pass over adjourning land

CHAPTER 3 — MEASURES TO BE TAKEN IN RESPECT OF WRECK

202. Examination in respect of ship in distress

203. Duties of persons finding wreck

204. Notice of wreck

205. Claims of owners to wreck

206. Sale of wreck in certain cases

CHAPTER 4 — UNCLAIMED WRECK

207. Unclaimed wreck property of Government

208. Sale of wreck by Receiver

209. Discharge of Receiver

CHAPTER 5 — REMOVAL OF WRECKS

210. Powers of harbour and conservancy authorities in relation to wrecks.

211. Breaking up and removing wreck

212. Extent of power of removal

CHAPTER 6 — OFFENCES RELATED TO WRECK

213. Removal of foreign port for sale

214. Unauthorised boarding of wreck

215. Interfering with wreck

216. Summary procedure for concealment of wreck

217. Taking wreck at the time of casualty

CHAPTER 7 — SALVAGE

218. Definition of “salvage service”

219. Salvage of life, ship, aircraft, wreck, apparel or cargo

220. Cases when remuneration not admissible

221. Settlement of salvage dispute

222. Rescission of salvage agreements

223. Jurisdiction in relation to dispute

224. Appeal in salvage dispute

225. Valuation of property by the Receiver

226. Detention of property liable to salvage by Receiver

227. Sale of detained property by Receiver

228. Apportionment of salvage in relation to foreign ship

229. Apportionment by salvage by receiver

230. Apportionment by the High Court

231. Salvage services rendered by Government

232. Provisions as to duties on wrecked goods

PART IX

SHIPOWNERS’ LIABILITY AND CARRIAGE OF GOODS

CHAPTER 1 — PASSENGER SHIPS

233. Issue of contract ticket

234. Athens Convention relating to Carriage of Passengers and their Luggage,

1974

CHAPTER 2 — LIMITATION OF LIABILITY

235. Interpretation of Chapter 2 of Part IX

236. Limitation of liability

237. Limits of liability

238. Power of the Court to consolidate claims

239. Extension of limitation of liability

240. Ships less than 300 tons

241. Calculation of tonnage

242. Several claims arising on one occasion

243. Release of ship on security

CHAPTER 3 — DIVISION OF LIABILITY

244. Division of liability

245. Joint and several liabilities

246. Right of contribution

247. Meaning of “owner”

CHAPTER 4 — CARRIAGE OF GOODS BY SEA

248. Brussels Protocol, 1968

249. Code of Conduct for Liner Conference

250. Lien on goods

251. General Average

PART X

INQUIRIES AND INVESTIGATIONS INTO MARINE CASUALTIES

252. Investigations of shipping casualties

253. Formal Investigations

254. Rehearings and appeals

255. Rules relating to rehearing of inquiries and investigations

256. Inquiries into causes of death

PART XI

SURVEYORS AND INSPECTORS

257. Appointment of surveyors

258. Appointment of inspectors

259. Powers of inspectors

260. Record of inspection and certificates

261. Control and compliance measures in Conventions

262. Further powers of inspectors

PART XII

JURISDICTION AND LEGAL PROCEEDINGS

CHAPTER 1 — JURISDICTION

263. Jurisdiction

264. Jurisdiction over ship lying or passing off the coast

265. Jurisdiction to try offences on board ships

266. Offences by Antigua and Barbuda seafarers

267. Jurisdiction in collision and other cases

268. Jurisdiction as to unsatisfied mortgages

CHAPTER 2 — DETENTION AND DISTRESS ON SHIP

269. Power to detain foreign ship that has occasioned damage

270. Enforcement of detention of ship

271. Seizure and sale of ship in default of payment of penalty

272. Notice to consular officer in case of detention of foreign ship

273. Cost of detainig ship

274. Distress sale

CHAPTER 3 — LEGAL PROCEEDINGS

275. Limitation of actions in civil proceedings

276. Depositions in cases in which witnesses cannot be produced

277. Evidence and service of document

278. Admissibility of documents in evidence

279. Service of documents

CHAPTER 4 — OFFENCES

280. Prosecution of offences and instituting of action

281. Recovery of fines

282. Application of fines

283. Limitation of time as to summary proceedings

284. Offences by bodies corporate

PART XIII

SUPPLEMENTAL AND FINALS

CHAPTER 1 — SHIPPING POLICY

285. Principles of international law

286. Measures to assist shipping industry

287. Coastal trade

CHAPTER 2 — FINAL CLAUSES

288. Implementation of treaties

289. Conventions to prevail

290. Contravention of international conventions

291. Transitional

292. Repeals

SCHEDULES

First Schedule — Matters (inter alia) on which Regulations, Rules or Direc-

tives may be made

Sceond Schedule — Appropriate Certificates, Criteria and Mandatory Minimum

Training Requirements Prescribed by the STCW Conven-

tion

Third Schedule — Member States

Related Laws