Merchant Shipping And Demise Charter (Registration And Tonna

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1994/Acts/Merchant%20Shipping%20And%20Demise%20Charter%20%28Registration%20And%20Tonna.pdf
Published: 1994

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Merchant Shipping And Demise Charter (Registration And Tonnage Fees) Act 1994
The Laws of Bermuda
Annual Volume of Public Acts 1994 : 29

i

193

BERMUDA
1994 : 29

MERCHANT SHIPPING AND DEMISE CHARTER
(REGISTRATION AND TONNAGE FEES) ACT 1994

[Date of Assent 20 July 1994]

[Operative Date 22 August 1994]

ARRANGEMENT OF CLAUSES

1 Citation and commencement
2 Interpretation
3 Registration fee
4 Tonnage fee
5 Recovery of tonnage fee

6 Power to amend Schedules by
Order

7 Amends Merchant Shipping
(Demise Charter) Act 1994

8 Repeals

WHEREAS it is expedient to make provision in respect of fees for
the registration of ships and in respect of the imposition of an annual
tonnage fee on ships registered in Bermuda:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation and commencement
1 This Act may be cited as the Merchant Shipping and Demise
Charter (Registration and Tonnage Fees) Act 1994 and shall come into

MERCHANT SHIPPING AND DEMISE CHARTER
(REGISTRATION AND TONNAGE FEES) ACT 1994

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operation on a day to be appointed by the Minister by notice published in
the Gazette.

Interpretation
2 In this Act unless the context otherwise requires—

"the demise charter register" means the register established and
maintained by the Registrar pursuant to section 3 of the
Merchant Shipping (Demise Charter) Act 1994;

"the Minister" means the Minister charged with responsibility for
merchant shipping;

"the principal Act" means the Merchant Shipping Act 1894 of the
United Kingdom;

"the principal register" means the register kept by the Registrar
pursuant to section 5 of the principal Act;

"the Registrar" means the Registrar of Shipping; and

"tons" means net registered tons.

Registration fee
3 (1) There shall be charged, levied and collected —

(a) on the initial registry of a ship in Bermuda or re-registry
or on the issuance of a provisional certificate of registry
of a ship entered on the principal register a fee at the
rate specified in Part I of the Schedule; and

(b) on the initial registry of a ship entered on the demise
charter register or renewal of registry a fee at the rate
specified in Part II of the Schedule.

(2) The Registrar shall not register, re-register, or renew
registry, as the case may be, unless the fee specified in respect thereof
has been paid.

Tonnage fee
4 (1) Subject to subsection (3), there shall be charged, levied and
collected on ships registered in Bermuda—

(a) on the principal register, an annual tonnage fee at the
rate specified in Part I of the Schedule; and

(b) on the demise charter register, an annual tonnage fee at
the rate specified in Part II of the Schedule.

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(2) The tonnage fee shall be payable to the Registrar on or
before 1 April in each year.

(3) Notwithstanding subsection (1), where a ship is registered
after 1 April in any year the tonnage fee payable shall be, in respect of
each month or part thereof, beginning with the date of registration and
ending on 31 March of the next ensuing year, one-twelfth of the annual
tonnage fee.

(4) Where—

(a) the tonnage fee has been paid in respect of a ship for
any year; and

(b) it is shown to the satisfaction of the Minister that the
ship has been laid up for a period exceeding three
consecutive months in that year,

the Minister shall cause to be made to the owner of the ship, a refund of
one-twelfth the annual tonnage fee in respect of each month during
which the ship was so laid up.

(5) For the purposes of subsections (3) and (4), the expression
"ship" does not include a yacht.

Recovery of tonnage fee
5 (1) Proceedings for the recovery as a civil debt due to the Crown
of sums owing as tonnage fees may be instituted in the name of the
Minister, in a court of summary jurisdiction by any person authorized in
writing in that behalf by direction of the Minister and such person may,
although not a barrister and attorney, conduct such proceedings.

(2) Unpaid tonnage fees shall constitute a maritime lien on the
ship second only to liens for wages and salvage.

Power to amend Schedule by Order
6 (1) The Minister may, by Order amend the fees set out in the
Schedule.

(2) The affirmative resolution procedure shall apply to an Order
made under this section.

Amends Merchant Shipping (Demise Charter) Act 1994
7 The Merchant Shipping (Demise Charter) Act 1994 is amended
by repealing section 28.

MERCHANT SHIPPING AND DEMISE CHARTER
(REGISTRATION AND TONNAGE FEES) ACT 1994

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Repeal
8 The Merchant Shipping (Registration and Tonnage) Fees Act
1976 is repealed.

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Annual Volume of Public Acts 1994 : 29

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SCHEDULE (sections 3 and 4)

PART I

Principal Register
Registration and Tonnage Fees

Registration
Fee

Annual
Tonnage Fee

1 Ships, other
than yachts,
registered
on the
principal
register

(a) in respect of
one ship—
not
exceeding
10,000 tons

exceeding
10,000 tons
but not
exceeding
50,000 tons

exceeding
50,000 tons

$0.95 per ton
subject to a
minimum fee of
$5,000.00

$9,500 plus an
additional fee of
$0.40 for each
ton in excess of
10,000 tons
subject to a
maximum of
$25,000.00

maximum of
$25,000.00

$2,500.00

$2,500.00 plus
an additional

fee of $0.20 for
each ton in

excess of
10,000 tons

$10,500.00
plus an

additional fee of
$0.15 for each

ton in excess of
50,000 tons

(b) in respect of a second ship, being in the same
ownership or management, registered at the time
of registration of the first ship or within twelve
months of such registration—

MERCHANT SHIPPING AND DEMISE CHARTER
(REGISTRATION AND TONNAGE FEES) ACT 1994

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not
exceeding
10,000 tons

$0.65 per ton
subject to a
minimum fee of
$5,000.00

$2,500.00

exceeding
10,000 tons
but not
exceeding
50,000 tons

$6,500 plus an
additional fee of
$0.25 for each
ton in excess of
10,000 tons
subject to a
maximum of
$25,000.00

$2,500.00 plus
an additional

fee of $0.20 for
each ton in

excess of
10,000 tons

exceeding
50,000 tons

maximum of
$25,000.00

$10,500 plus
an additional

fee of $0.15 for
each ton in

excess of
50,000 tons

(c) in respect of a third or subsequent ship being in
the same ownership or management, registered
at the time of registration of the first ship or
within a period of twelve months of such
registration

not
exceeding
10,000 tons

Nil $2,500

exceeding
10,000 and
not
exceeding
50,000 tons

Nil $2,500 plus an
additional fee of

$0.20 for each
ton in excess of

10,000 tons

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exceeding
50,000 tons

Nil $10,500 plus
an additional

fee of $0.15 for
each ton in

excess of
50,000 tons

2 Yachts (a) if owned by
a body cor-
porate: not
exceeding
15 tons

exceeding
15 tons but
not
exceeding
100 tons

exceeding
100 tons

$750.00

$1,500.00

$3,000.00

$500.00

$1,250.00

$2,500.00

(b) if owned by
a person
other than a
body cor-
porate:

not
exceeding
15 tons

exceeding
15 tons

$150.00

$300.00

Nil

Nil

MERCHANT SHIPPING AND DEMISE CHARTER
(REGISTRATION AND TONNAGE FEES) ACT 1994

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PART II

Demise Charter Register
Registration and Tonnage Fees

Ships—

Initial registration or renewal
or registration other than
yachts, registered on the
Demise Charter Register.

$0.30 per ton
subject to a
minimum of
$2,500.00 and a
maximum fee of
$15,000.00

$0.15 per ton
subject to a
minimum fee
of $2,500 and
a maximum
fee of $10,000

Yachts—

Initial registration or renewal
of registration

$2,500.00 $2,500.00

For any of the following matters, that is to say—

1 For inspection of the
demise charter register
(per vessel)

$ 30.00

2 For furnishing a certified
transcript of register (per
vessel)

$ 50.00

3 Certified copy of any
declaration or document to
be produced in evidence
under the Merchant
Shipping Acts

$ 50.00

4 For change of ship's name $200.00

5 For requesting a search for
document

$ 50.00

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6 Where application for
registration is withdrawn

$100.00 for dealing
with the application

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