Merchant Shipping Act 2006.pmd
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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
167The Antigua and Barbuda Merchant
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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
