L.R.O. 1/2012
LAWS OF GUYANA
GUYANA SHIPPING ACT
CHAPTER 49:01
Act
7 of 1998
Amended by
7 of 2006
1 – 904 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Index
of
Subsidiary Legislation
Page
Guyana Shipping (Registration of Ships) Regulations 298
(Reg. 4/ 2000)
Guyana Shipping (Licensing of Ships) Regulations
(Reg. 4/2001)

Guyana Shipping (Small Commercial Ship Safety) Regulations
(Reg. 5/2005) 486

Guyana Shipping ( Cargo Ship Survey) Regulations 723
(Reg. 6/2005)

Note
on
Subsidiary Legislation
At the time of this publication , the Guyana Shipping (Ship and Port Facility Security) Regulations
2004, were being substantially revised and have therfore been omitted from this publication.
422
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CHAPTER 49:01
GUYANA SHIPPING ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY

1. Short title.
2. Interpretation.
3. Application to Government Ships.
PART II
ADMINISTRATION OF THE ACT
4. Establishment of Maritime Administration Department.
5. Power of Minister to give directions.
6. Marine officers.
7. Surveyor’s powers and duties.
8. Registrar of Ships and Registrar of Seamen.
9. Minister may delegate certain powers and duties.
PART III
RESTRICTION ON TRADING
10. Trade in Guyana waters.
PART IV
REGISTRATION AND LICENSING OF SHIPS AND PROPRIETARY
INTERESTS IN SHIPS
REGISTRATION OF GUYANA SHIPS
11. Qualification to own a Guyana Ship.
12. Obligation to register Guyana Ships.
13. Regulations.
14. Application for registration.
15. Declaration of ownership.
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16. Evidence on first registration.
17. Restrictions on registration and cancellation of registration.
18. Rules for bareboat charter registration.
19. Restriction on deregistration of ships.
20. Port of Registry.
21. Register books.
22. Documents to be retained by the registrar.
23. Name of ship.
24. Change of name of ship.
25. Identity marks for fishing vessels.
26. Offenses under section 24 and 25.
27. Call sign.
28. Register book for ships under construction.
TONNAGE MEASUREMENT
29. Survey.
30. Minister to make tonnage regulations.
31. Tonnage once ascertained to be tonnage of ship.
32. Tonnage of foreign ship.
33. Foreign and other measurements.
34. Alterations between surveys.
35. Appointment of surveyors.
36. Marking of ships.
CERTIFICATE OF REGISTRATION
37. Certificate of registration.
38. Power to make regulations in relation to certificate of registration.
39. Issue and custody of certificate of registration.
40. Improper use of certificate of registration.
41. Provisional certificate of registration.
42. Temporary pass in lieu of certificate of registration.
REGISTRATION OF ALTERNATIONS AND REGISTRATION ANEW
43. Registration of alternations.
44. Rules for registration of alternations.
45. Provisional certificate where ship registered anew.
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46. Registration anew on change of ownership.
47. Procedure for registration anew.
48. Restriction on re-registration of abandoned ships.
LICENSING
49. Ships to be licensed.
50. Qualifications for owning a licensed Guyana ship.
51. Regulations for licensing of ships.
TRANSFERS AND TRANSMISSIONS
52. Transfer of ship or share.
53. Declaration of transfer.
54. Registration of transfer.
55. Transmission of property in ship on bankruptcy, death, etc.
56. Order for sale on transmission to an unqualified person.
57. Transfer of ship or share by order of court.
58. Power of court to prohibit transfer.
MORTGAGES
59. Mortgages of ship or share.
60. Obligation of mortgagor to disclose existing liabilities.
61. Entry of discharge of mortgage.
62. Priority of mortgages.
63. Mortgagee not treated as owner.
64. Mortgagee to have power of disposal.
65. Mortgage not affected by bankruptcy.
66. Transfer of mortgages.
67. Transmission of interest in mortgage in certain circumstances.
68. Authority to sell or mortgage out of Guyana.
69. General rules for certificates of sale.
70. Procedure where ship under certificate of sale granted in Guyana.
71. Registration in Guyana where ship sold under certificate of sale
granted in a foreign state.
72. Rules as to certificates of mortgage.
73. Loss of certificate of sale or mortgage.
74. Revocation of certificate of sale or mortgage.
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MARITIME LIENS
75. Sources of maritime liens.
76. Claims not recognized as maritime liens.
77. Priority of maritime liens in general.
78. Order of priority of maritime liens.
79. Rights of ship-builders and ship repairers.
80. Other liens on vessel.
81. Attachment of maritime liens and extinction by lapse of time.
82. Assignment and subrogation.
83. Notice of forced sale to be given.
84. Effects of forced sale and disposition of proceeds of sale.
85. Issue of certificates that the ship is free of encumbrances.
MISCELLANEOUS
86. Provision for cases of infancy and disability.
87. Notice of trusts not received.
88. Definition of beneficial interest.
89. Liability of owners.
90. Registration of managing owners, etc..
91. Power to dispense with declarations, etc.
92. Mode of making declarations.
93. Admissibility of evidence of register book and certificate of
registration, etc.
94. Forgery of documents.
95. False declarations.
96. Procedure on forfeiture of ship.
PART V
NATIONAL CHARACTER AND FLAG
97. National character of ship to be declared on clearance.
98. Right to fly national colours of Guyana.
99. Display of national colours.
100. Penalty for unduly assuming Guyana character.
101. National flag on foreign ship.
102. Penalty for concealing Guyana character or assuming foreign
character.
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103. Penalty for acquiring ownership if unqualified.
104. Liabilities of ship not recognized as a Guyana ship.
PART VI
MANNING OF SHIPS AND CERTIFICATION OF SEAFARERS
105. Regulations regarding safe manning and qualifications of persons
serving in Guyana ships.
106. Power to exempt.
107. Approval of foreign certificate.
108. Tribunal.
109. Court may recommend cancellation, etc., of certificate.
110. Cancellation, etc., of certificate by Minister.
111. Appeals against cancellation etc., of certificate.
112. Offences.
113. Saving and transitional.
PART VII
ENGAGEMENT AND WELFARE OF SEAMEN
ENGAGEMENT OF SEAMEN
114. Functions of Registrar of Seamen.
115. Crew agreement.
116. Contents of crew agreements.
117. Regulations for disciplinary offences.
118. Same offences.
119. Procedures relating to certain crew agreements.
120. Further provisions as to crew agreement.
121. Stipulations not to be contrary to law of flag state.
122. Seaman’s certificate of discharge.
123. Character report.
124. Discharge on change of ship registry.
125. Employment of persons under eighteen years.
126. Changes in crew of certain ships.
127. Change of master.
128. Regulations for conditions of service.
129. Use of English language.
130. Crew’s knowledge of English.
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131. Time and manner of payment of wages.
132. Account of wages.
133. Deductions from wages.
134. Settlement of wages.
135. Registrar’s decision as to wages.
136. Registrar may require ship’s documents.
137. Rate of exchange.
138. Registrar may settle wage disputes of up to fifteen thousand dollars.
139. Court may award interest on wages due where there is no crew
agreement.
140. Allotment notes.
141. Wages where service terminated.
142. Protection of seaman’s rights and remedies.
143. Claims against seaman’s wages for maintenance.
144. Master’s remedies for remuneration and disbursements.
145. Wages not to depend on freight.
146. Refusal to work.
147. Illness caused by own default.
148. Costs of procuring conviction.
149. Improper discharge.
150. Protection of wages.
151. Leave and holidays.
152. Seaman may sue for wages.
153. Jurisdiction of High Court in the recovery of wages.
154. Power to rescind contracts.
PROPERTY OF DECEASED SEAMAN
155. Property of deceased seaman.
156. Delivery of deceased seaman’s property.
157. Forgery of documents.
OCCUPATIONAL SAFETY
158. Occupational safety regulations.
PROVISIONS
159. Provisions and water.
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160. Complaints as to provisions and water.
161. Allowance for short or bad provisions.
162. Weights and measures.
HEALTH AND WELFARE
163. Medical fitness regulations.
164. Crew accommodation regulations.
165. Certificated cook to be carried.
166. Medical stores regulations.
167. Expenses for medical treatment and burial.
168. Medical-practitioners to be carried.
169. Welfare Board for seaman’s welfare.
170. Facilities for making complaints.
PROTECTION OF SEAMAN FROM IMPOSITION
171. Assignment and sale of salvage.
172. Seaman’s debts.
PROVISIONS AS TO DISCIPLINE
173. Endangering life or ship.
174. General offences against discipline.
175. Conviction not to affect other remedies.
176. Improper negotiation of advance note.
177. Certificate of discharge may be withheld.
178. False statement as to last ship.
179. Deserters from foreign ships.
180. Proof of desertion when wages are to be forfeited.
181. Application of forfeiture.
182. Question of forfeiture decided in suit for wages.
183. Deduction of fine from wages.
184. Persuading seaman to desert, and harbouring deserter.
185. Penalty on stowaways.
186. Trade disputes involving seamen.
187. Offences to be entered in official log book.
RELIEF AND REPATRIATION
188. Repatriation of seaman.
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189. Seaman to bear expenses of repatriation in certain cases.
190. Duty of registrar.
191. Effect of workman’s compensation.
192. Application to foreign vessels.
193. Wages and effects of seaman left behind.
194. Liability of master.
195. Liability of Government.
196. Payment to Government.
197. Non-application of section 193.
198. Sale of seaman’s effects.
199. Maintenance and return of seaman involuntarily terminating
service.
200. Discharge on change of ownership.
201. Certificate when seaman left behind.
202. Offences.
203. Account of wages of seaman left behind.
204. Payment of seaman’s wages to proper officer.
205. Application of wages of seaman left behind.
206. Relief of distressed seaman.
207. Repayment of relief and return expenses.
208. Forcing ashore.
209. Proper return port.
210. Manner of return.
211. Return of seaman to proper return port.
212. Minister may provide temporary relief.
213. Unauthorised presence on board ship.
PART VIII
SHIP’S LOG BOOKS
214. Official log book.
215. Entries in official log book.
216. Delivery of log book to Director.
217. Delivery of log book where ownership is transferred or ship is lost.
218. Offence in respect of official log book.
219. Ordinary ship’s log.
220. Returns of crew lists.
221. Returns of births and deaths in Guyana ships.
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222. Returns of births and deaths of Guyana citizens in foreign ships.
223. Returns to be sent to Registrar of Births and Deaths – penalties of
PART IX
PREVENTION OF COLLISIONS AND NAVIGATIONAL SAFETY
224. Collision Regulations.
225. Guyana ships to observe collision regulations.
226. Foreign ships in Guyana waters.
227. Collision liability.
228. Inspection to enforce compliance with collision regulations.
229. Duty to render assistance following collision.
230. Obligation to notify hazards of navigation.
231. Master to proceed moderately in danger area.
232. Obligation to assist ships in distress.
233. Right to requisition ships when in distress.
234. Obligation to assist persons in danger at sea.
235. Salvage rights not affected.
236. Regulations for signals of distress
237. Reports of accidents to ships.
238 Apprehended loss of ship.
239. Record of boat drill or fire drill to be kept in official log book.
240. Notices to mariners and navigational warnings.
AIDS TO NAVIGATION
241. Interpretation.
242. Establishment and management of aids.
243. Nautical publications.
244. Prosecution of offences relating to aids.
245. Detention of ships.
246. Fire and lights detrimental to navigation.
247. Characteristics of aids.
PART X
SAFETY OF LIFE AT SEA
248. Interpretation.
Master..
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249. List of Safety Convention Countries.
250. Application of Safety Convention.
251. Regulations relating to safety at sea.
252. Ships in port through stress of weather, etc.
253. Appointment of surveyors.
254. Surveyor's powers of inspection.
255. Surveyor's report to Director.
256. Surveyor's record of inspections and certificates.
257. Surveys of passenger ships.
258. Initial survey of passenger ship.
259. Periodic surveys of passenger ships.
260. Additional surveys of passenger ships.
261. Passenger ship Certificate.
262. Short Voyage Certificates for passenger ships.
263. Exemption and Qualified Certificates for passenger ships.
264. Validity of passenger ship Short Voyage Certificates.
265. Passenger Ship Safety Certificate to be carried on board.
266. Penalty for carrying excess passengers.
267. Safety equipment survey on cargo ships.
268. Cargo ship Safety Equipment Certificate.
269. Cargo ship exemption and Qualified Safety Equipment Certificate.
270. Cargo ship radar and radio installations surveys.
271. Issue of cargo ship Radio Certificate.
272. Cargo ship Exemption and Qualified Radio Certificate.
273. Radio exemption Certificate.
274. Cargo ship safety construction surveys.
275. Regulations for cargo ship safety construction requirements and
surveys.
276. Issue of Ship Safety Construction Certificate.
277. Cargo ship Exemption and Qualified Safety Construction Certificate.
278. Validity period of Cargo Ship Safety Construction Certificate.
279. Appeals against withholding of ship's certificates or detention.
280. Periods of validity of certificates.
281. Extension of period of validity of certificates.
282. Validity of qualified certificates.
283. Penalty for non-compliance with conditions of Exemption
Certificates.
284. Posting up of certificates on board ship.
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285. Survey to verify Safety Certificates and compliance with conditions
of issue.
286. Production of Safety Convention Certificate.
287. Inspection of ships holding Safety Convention Certificates.
288. Ship not to proceed to sea without appropriate certificate.
289. Detention of ship for non-production of certificates.
290. Ships to carry stability information.
291. Penalty for forgery of survey report or certificate.
292. Notice of accident, defect or alterations affecting the efficiency or
sea-worthiness of the ship.
293. Re-survey of a ship following alterations or damages.
294. Application of this Part to foreign ships.
295. Survey of foreign ships and issue of Safety Convention Certificates.
296. Survey of Guyana ships by other Convention countries.
297. Exceptions.
298. Regulations for safety requirements and issue of local certificates
PART XI
LOAD LINES
299. Interpretation.
300. Exceptions.
301. Countries to which Load Line Convention applies.
302. Load Line Regulations.
303. Certificates issued under the Load Line Convention.
304. International, and Local Load Line Certificates.
305. Certificates issued by other governments.
306. Certificates issued at the request of other governments.
307. Regulations as to the validity of foreign certificates.
308. Power to make exemption orders.
309. Further powers to exempt ships of novel design.
310. Extent of exemption.
311. Issue of Exemption Certificates.
312. Duration and extension of exemption.
313. Effect of Load Line Certificates.
314. Duration, renewal and cancellation of Load Line Certificate.
315. Ships not to proceed to sea without Load Line Certificate.
316. Deck cargo regulations.
317. Inspection of Guyana load line ships.
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318. Notice to be given of alterations affecting position of ship's Load
Line.
319. Submersion of load lines.
320. Alteration or defacement of load line marks.
321. Ships not to proceed to sea unless complying with Load Line
Regulations.
322. Production of Load Line Certificates of Guyana ships.
323. Production of Load Line Certificates of foreign ships.
324. Submersion of Load Lines of foreign ships.
325. Posting up of Load Line Certificate and entry of Load Line details in
ship's log book.
326. Inspection of ships regarding Load Lines.
327. Contravention of Load Line Regulations and detention of ship.
PART XII
CARRIAGE OF BULK CARGOES AND DANGEROUS GOODS
BULK CARGOES
328. Bulk cargo regulations
329. Precautions regarding grain cargoes.
330. Offences.
DANGEROUS GOODS
331. Regulations as to dangerous goods
332. Carriage and marking of dangerous goods.
333. Offences
334. Rejection and disposal of dangerous goods by ship.
335. Forfeiture of dangerous goods.
PART XIII
SEAWORTHINESS OF SHIPS
336. Unseaworthy ship.
337. Sending ship to sea in unseaworthy state.
338. Owner's obligation to crew regarding seaworthiness.
339. Detention of unseaworthy ship.
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340. Liability for costs and damages.
341. Power to require complainant to give security for costs.
PART XIV
WRECK AND SALVAGE
WRECK
342. Appointment and powers of receiver of wreck.
343. Fees of receiver.
344. Duty of receiver where ship is in distress.
345. Power of receiver in case of ship in distress.
346. Power of receiver to use force to suppress plunder and disorder.
347. Power to pass over adjoining lands.
348. Duties of person who finds wreck.
349. Penalty for taking wreck at the time of casualty.
350. Notice of wreck to be given by receiver.
351. Delivery of wreck to owner.
352. Immediate sale of wreck by receiver in certain cases.
353. Wrecked goods subject to duties.
354. Right to unclaimed wreck.
355. Delivery of unclaimed wreck by receiver not to prejudice title.
356. Removal of wreck by port, harbour or other authority.
357. Breaking and removal of wrecks.
358. Extent of power of removal of wreck.
359. Taking wreck to a foreign port.
360. Unauthorised boarding of wreck.
361. Interfering with wreck, etc.
362. Summary procedure for concealment of wreck.
SALVAGE
363. Interpretation.
364. Non-application to platforms and drilling.
365. Non-application to foreign state-owned vessel.
366. Life salvage.
367. Salvage of cargo.
368. Services excluded from salvage remuneration.
369. Conditions for salvage remuneration.
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370. Salvage contracts.
371. Annulment or modification of contracts.
372. Duties of Salvor.
373. Duties of owner and master.
374. Powers of Director.
375. Criteria for fixing salvage reward.
376. Responsibility for payment of reward.
377. Quantum of reward.
378. Special compensation.
379. Services rendered under existing contracts.
380. Apportionment between salvors.
381. Salvor's misconduct.
382. Maritime lien.
383. Duty to provide security.
384. Interim payment.
385. State-owned cargoes.
386. Humanitarian cargoes.
387. Determination of salvage dispute.
388. Rescission of salvage agreement.
389. Appeal in cases of salvage dispute.
390. Valuation of property salvaged.
391. Detention of property liable to salvage by receiver.
392. Sale of detained property.
393. Apportionment of small amounts of salvage.
394. Apportionment of salvage by High Court.
395. Salvor's right to interest.
396. Application to the Government.
397. Time limit for salvage proceedings.
PART XV
PASSENGER SHIPS
398. Power of the Minister to make regulations respecting passenger
ships.
399. Offences in connection with passenger ships.
PART XVI
LIMITATION AND DIVISION OF LIABILITY
400. Interpretation
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401. Persons entitled to limit liability.
402. Claims subject to limitation.
403. Liability against ships and invoking limitation not an admission of
liability.
404. Claims excepted from limitation.
405. Conduct barring limitation.
406. Counter-claims.
407. Limits of liability calculation.
408. Priorities.
409. Measurement of ship's tonnage.
410. Limitation of liability of port authorities and owners of docks.
411. Limit for passenger claims.
412. Conversion of unit of account to Guyana funds.
413. Aggregation of claims.
414. Provision of security and release of ship.
415. Distribution of the funds.
416. Bar to other actions.
417. Rule as to division of loss.
418. Damages for personal injury.
419. Definition of ‚freight‛.
420. Right of contribution.
421. Limitation of actions.
PART XVII
COURT OF SURVEY
422. Constitution of Court of Survey.
423. Power and procedure of Court of Survey.
424. Report of the Court of Survey.
425. Rules of procedure.
426. Expert witnesses.
PART XVIII
INQUIRIES AND INVESTIGATIONS INTO MARINE CASUALTIES
427. Investigations of shipping casualties.
428. Preliminary inquiry.
429. Formal investigation.
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430. Rehearings and appeals.
431. Rules relating to inquiries and investigations.
432. Power to restore certificate.
PART XIX
LEGAL PROCEEDINGS
JURISDICTION
433. Provision as to jurisdiction over offences.
434. Jurisdiction over ships lying off the coast.
435. Jurisdiction in case of offences on board ship.
436. Jurisdiction in collision and other cases.
437. Action in rem.
438. Jurisdiction as to unsatisfied mortgages.
DETENTION AND DISTRESS ON SHIP FOR DAMAGE CAUSED
439. Power to detain foreign ship.
440. Enforcing detention of ship.
441. Distress on ship.
442. Inquiries into deaths of crew members and others.
443. Seizure and sale.
PROSECUTIONS AND COMPOUNDING OF OFFENCES
444. Prosecution of offences and penalties.
445. Compounding of offences.
EVIDENCE AND SERVICE OF DOCUMENTS
446. Deposition to be received in evidence where witness cannot be
produced.
447. Proof of attestation not required.
448. Admissibility of documents in evidence.
449. Notices, etc., to be in writing.
450. Service of documents.

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SECTION
PART XX
MISCELLANEOUS
451. Protection of public officers and other persons acting under this Act.
452. General power to make regulations.
453. General power of exemption.
454. Application.
455. Conventions to prevail.
456. Contravention of international conventions.
PART XXI
FINAL AND TRANSITIONAL PROVISIONS
457. Omitted.
458. Regulations for resolving transitional difficulties.
FCONDSCHEDULE__________________________

7of 1998 An Act to provide for the regulation of ships, and the
property therein and owners thereof, the behaviour of
the master and mariners and their respective rights,
duties, and liabilities as regards the carriage of
passengers and goods by ships, collision between
ships, salvage, rights, liabilities, claims, contracts, and
matters arising in respect of ships and for matters
connected therewith and incidental thereto.
[24TH DECEMBER, 1998]
Short title.
PART I
PRELIMNARY
1. This Act may cited as the Guyana Shipping Act.
CHAPTER 49:01
GUYANA SHIPPING ACT

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Interpretation.
[ 7 of 2006]
2. In this Act –
‚agent‛ means in relation to a ship, an agent of the owner, not
being a managing owner, vested with a specific authority
by the owner,
‚aircraft‛ means any ship or vessel designed for flying but
capable of being manoeuvred on water and includes a
seaplane or any ship or vessel able to alight upon or
hover over water;
‚apprentice‛ means a trainee officer and includes a cadet;
‚bankruptcy‛ includes insolvency and any other process
leading to the liquidation of assets,
‚cargo‛ includes livestock;
‚cargo ship‛ means a ship which is not a passenger ship or a
fishing vessel;
‚Caribbean Community‛ means the Caribbean Community
(CARICOM) established by the Revised Treaty of
Chaguaramas including the Caricom Single Market and
Economy signed at Nassau, the Bahamas on the 5th July
2001;
‚Caricom State‛ means a State member of the Caribbean
Community;
‚consular officer‛ means a person discharging the duties of a
consular officer on behalf of the Government of Guyana,
and when used in relation to a country other than
Guyana, means the officer recognised by the Government
of Guyana as a consular officer of that other country;
‚crew‛ in relation to a ship includes seamen and apprentices;

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c. 32:02

c. 63:01
‚Director‛ means the Director of Maritime Affairs appointed
under section 4, and includes any person lawfully acting
under the instructions of or on behalf of the Director;
‚duly qualified medical practitioner‛ means a person
registered as a medical practitioner under the Medical
Practitioners Act;
‚fishing vessel‛ means a vessel of whatever size and in
whatever way propelled which is used or intended to be
used for catching fish for gain;
‚foreign ship‛ means a ship which is not a Guyana ship;
‚international voyage‛means a voyage from a port in one
country to a port in another country,
‚Guyana‛ includes Guyana waters;
‚Guyana Government ship‛ means a ship which belongs to
the Government of Guyana but does not include a ship
which forms part of the Guyana Defence Force;
‚Guyana ship‛ means a ship which is-
(a) registered or licensed in Guyana
under this Act; or
(b) exempted under this Act from being
registered or licensed.
‚Guyana waters‛ includes the internal waters and the
territorial sea as defined in the Maritime Zones Act;
‚licensed Guyana ship‛ means a ship that is licensed
pursuant to section 49;
‚local trade in Guyana waters‛ means the transport locally of
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passengers or goods or the carrying out of any other
operation or activity locally, within Guyana waters, for
profit or reward;
‚machinery‛ includes propulsion systems, steering systems,
pressurized containers and systems, pumping systems,
windlasses, electrical systems and all similar apparatus
required for, or affecting, the safety or operation of a ship
or the safety of the personnel on board a ship;
‚managing owner‛ in relation to a ship includes any person
not being an agent in whom an owner of such ship has
vested authority to manage and operate the ship;
‚marine officer‛ means a person appointed as such under
section 6 and includes any person lawfully acting under
the instructions of or on behalf of the Director;
‚master‛ includes every person lawfully having, for the time
being, command or charge of any ship;
‚merchant ship‛ means any ship other than a fishing vessel or
a ship which forms part of the Defence Force of Guyana;
‚Minister‛ means the Minister responsible for shipping and
water transportation;
‚ national‛ means a person who –
(a) is a citizen of a Caribbean Community State;
(b) has a connection with a Caribbean
Community State of a kind which entitles
him to be regarded as belonging to or, if it
be so expressed, as being a native or resident
of the State for the purposes of the laws
thereof relating to immigration; or

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(c) is a body corporate constituted in the
Caribbean Community State, in accordance
with the laws thereof and which that
Caribbean Community State regards as
belonging to it, provided that such body
corporate has been formed for gainful
purposes and has its registered office and
centre of administration, and carries on
substantial activities within the Caribbean
Community and is substantially owned and
effectively controlled by the person
mentioned in paragraph (a) or (b);
For the purposes of this definition a body corporate is –
(i) substantially owned if more than fifty per
cent of the equity interest of the company is
beneficially owned by nationals mentioned
in paragraph (a) or (b);
(ii) effectively controlled if the nationals
mentioned in paragraph (a) or (b) have the
power to name a majority of its directors or
otherwise legally to direct its actions
‚officer‛ in relation to ships’ officers includes a master and a
deck engineer, radio or medical officer;
‚owner‛ in relation to a ship includes a demise or bareboat
charterer and a managing owner;
‚passenger‛ means any person carried on board a ship except
–
(i) the master, a member of the crew, or a
person employed or engaged in any
capacity on board the ship on the business
of the ship and signed on the ship's articles
of agreement as such person;
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c. 82:01
(ii) a child under one year of age; or
(iii) a person carried on the ship under an
obligation imposed upon the master to carry
shipwrecked, distressed or other persons, or
by reason of any circumstances which
neither the master nor the owner nor the
charterer, if any, could prevent or forestall;
‚passenger ship‛ means a ship which is constructed for, or
which is habitually or on any particular occasion used
for, carrying more than twelve passengers;
‚person qualified to own a Guyana ship‛ has the meaning
assigned to it in section 11;
‚pilot‛ in relation to any ship means any person not
belonging to the ship who for the time being has the
conduct thereof,
‚pleasure craft‛ 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 vessel
that is provided for the transport or entertainment of
lodgers at any institution, hotel, boarding house, guest
house or other establishment;
‚port‛ means any place which is for the time being appointed
to be a port under the Customs Act;
‚Port of Registry‛ in relation to any ship means the port
where she is for the time being registered;
‚proper officer‛ in relation to any function or activity under
this Act means a person authorised to perform that
function or activity and may include a ‚consular officer‛;
‚public officer‛ has the meaning assigned to that expression
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in article 232 of the Constitution;
‚receiver‛ means a receiver of wreck appointed or designated
under section 342;
‚Registrar‛ means the registrar of Guyana ships or the
registrar of seamen, as the case may be, appointed under
section 4;
‚salvage‛ includes all expenses properly incurred by a salvor
in the performance of salvage services;
‚seafarer‛ includes a master, officer and any other category of
crew;
‚seaman‛ means every person employed or engaged in any
capacity on board any ship, and includes apprentices
except for the purposes of sections 188 to 213 inclusive,
but does not include a master, pilot or a person
temporarily employed on theship while she is in port;
‚ship‛ includes every description of vessel used in navigation
and not propelled by oars;
‚shipwrecked persons‛ means persons belonging to any ship
referred to in section 344;
‚surveyor of ships‛ means a person appointed as such under
section 4;
‚tackle‛ means, in relation to a vessel, the tackle, machinery,
gear, apparatus, and appliances used on board a ship for
the loading and unloading thereof;
‚vehicle‛ includes any vehicle of any description, whether
propelled by mechanical power or otherwise, and
whether used for drawing other vehicles or otherwise;

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Application to
Government
ships.
‚vessel‛ includes every description of water craft used, or
capable of being used, as a means of transportation on
water;
‚wreck‛ includes –
(a) flotsam, jetsam, lagan, and derelict found in
the waters or on the shores of Guyana;
(b) cargo, stores, tackle or equipment;

(c) the personal property of shipwrecked
persons; and
(d) any wrecked aircraft or any part thereof and
cargo thereof.
3. (1) Subject to subsections (2) and (3), nothing in this
Act shall apply to –
(a) Guyana Government ships operated
for non-commercial purposes;
(b) ships or aircraft of the Guyana
Defence Force.
(2) The Minister may make regulations prescribing
the manner and extent to which the provisions of this Act
apply to Guyana Government ships operated for non-
commercial purposes.
(3) The Minister may, by notification published in
the Gazette, direct that,subject to such rules as may be made in
that behalf, Guyana Government ships may be registered as
Guyana ships under this Act and thereupon this Act, subject
to any exceptions and modifications which may be made in
the notification, shall apply either generally or with respect to
any class of ships belonging to the Government registered in
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Establishment
of Maritime
Administration
Department.
accordance with the rules as they apply to Guyana ships
registered in the manner provided by this Act, and for the
purpose of such application any reference to an owner shall
be construed as a reference to the Director.
PART II
ADMINISTRATION OF THE ACT
4. (1) There shall be a Maritime Administration
Department herein after referred to as the ‚Department‛, the
function of which shall be to administer this Act and any
other law relating to maritime affairs including inland waters.
(2) For the purposes of carrying out functions of
the Department the following public officers shall be
appointed who shall be marine officers, namely –
(a) Director of Maritime Affairs, who
shall exercise general supervision
over all matters relating to maritime
affairs including inland waters;
(b) Registrar of Ships;
(c) Registrar of Seamen;
(d) Surveyors; and
(e) Receiver of Wreck
(3) The Director may delegate the exercise of any
powers or the performance of any duties conferred or
imposed on him by this Act or any other law to such person
or persons as he may think fit.
(4) Any act done by a person referred to in
subsection (3) in exercise or performance of any power, right
or duty conferred or imposed by his Act or any other law
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Power of
Minister to give
directions.


Marine
Officers.

Surveyor’s
powers and
duties.

Registrar of
ships and
Registrar of
seamen.
shall have the same effect as if done by the Director.
5. The Minister may from time to time give the
Director such general directions, not inconsistent with the
provisions of this Act or any regulations made thereunder, on
the policy to be pursued in the administration of this Act, as
he may consider necessary, and the Director and the Registrar
shall forthwith take such steps as are necessary or expedient
to give effect thereto.
6. (1) There may be appointed, for the purposes of this
Act, such number of marine officers for each port in Guyana
as may be necessary.
(2) A marine officer shall exercise his powers and
duties under the direction of the Director.
(3) There may be appointed a deputy or deputies
to any Marine officer, either generally for the purposes of this
Act or for the purposes of particular provisions of this Act.
(4) Any act done by a deputy appointed under
subsection (3) in the exercise or performance or purported
exercise or performance of any power, right or duty conferred
or imposed by this Act shall have the same effect as if done by
a marine officer.
7. (1) Every surveyor of ships shall have the powers
and shall perform the functions and duties prescribed by this
Act and any regulations made thereunder.
(2) The functions of a surveyor of ships shall be
performed under the directions of the Director and in
accordance with any rules made by the Minister.
8. The Director may be appointed the Registrar of
Ships and the Registrar of Seamen.

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Minister may
delegate certain
powers and
duties.
Trade in
Guyana waters.
9. The Minister may, by notification in the Gazette,
delegate to the Director or any other officer appointed under
this Act and specified in such notification, the exercise of any
powers or the performance of any duties conferred or
imposed on him by or under this Act, other than the power to
make orders and regulations, subject to such conditions and
restrictions as may be specified in such notification.
PART III
RESTRICTION ON TRADING
10. (1) Subject to any regulations made or exemptions
granted under this Act, any other written law, or any bilateral
or multilateral treaty or agreement, no ship other than a
Guyana ship may trade exclusively between ports of Guyana
or within waters under Guyana's jurisdiction.
(2) Subject to this Act or any other written law, a
ship holding a valid certificate of a foreign registry may trade
between a port of Guyana and a foreign port.
(3) No person other than a person qualified to own
a Guyana ship as provided by section 11 shall charter or
otherwise engage a Guyana ship for trading locally within
Guyana waters, except in accordance with such conditions as
may be prescribed.
(4) Every Guyana ship trading in any waters and
every ship trading in or from Guyana waters shall provide
evidence of financial responsibility against risks of damage to
third parties, in such manner as may be prescribed.
(5) The master, owner or agent of any ship who
contravenes subsections (1), (2) and (4) and any person who
contravenes subsection (3) shall be guilty of an offence and be
liable to a fine not exceeding one hundred thousand dollars
and the ship shall be liable to be detained.

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Qualification to
own a Guyana
ship.
[7 of 2006]
PART IV
REGISTRATION AND LICENSING OF SHIPS AND
PROPRIETARY INTERESTS IN SHIPS
REGISTRATION OF GUYANA SHIPS
11. (1) Subject to subsection (2) and section 3, a ship
shall not be registered in Guyana under this Act unless she is
wholly owned by persons qualified to own a Guyana ship,
that is to say –
(a) nationals of Guyana;
(b) persons domiciled or ordinarily
resident in Guyana;
(c) citizens of Caricom States residing in
a member country of the Caribbean
Community, where the ship is
customarily engaged in international
voyages;
(d) a body corporate established under
the laws of Guyana and having its
principal place of business in Guyana
or is a body corporate that is a
national of a Caribbean Community
state;
(e) persons in bona fide joint venture
relationships with any of the
categories of persons described in
paragraphs (a) and (c), or
(f) such other persons as the Minister
may by order determine.
(2) A ship acquired by bareboat charter by any of
the categories of persons described in paragraphs (a), (b), (c),
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Obligation to
register
Guyana ship.
(d) and (e) of subsection (1) may be registered in Guyana.
(3) For the purposes of this section a body
corporate shall mean a body corporate the majority of
shareholders of which are persons referred to in paragraphs
(a), (b) and (c) of subsection (1).
12. (1) Whenever a ship is owned wholly by persons
qualified to own a registered Guyana ship, that ship shall be
registered in the manner provided in this Part unless –
(a) it is registered in some other country;
(b) the ship is recognized by the law of a
country other than Guyana as a ship
of that country, and is by the law of
that country exempted from
registration;
(c) the ship is, pursuant to subsection (2),
exempted from registration under this
Act;
(d) the ship is required to be licensed and
operates solely within Guyana waters;
or
(e) the ship is exempt from being
licensed.
(2) The Minister may by Notice exempt generally
or specifically from registration under this Act, a licensed
Guyana ship or a class thereof or a ship or a class of ships that
is required to be licensed when operating outside Guyana
waters.
(3) Subject to section 3 every Guyana ship and
every Guyana Government ship shall be registered in one of
the register books kept pursuant to section 21 and registration
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Regulations.

shall be effected in accordance with this Act.
(4) If the master of any ship which is owned
wholly by persons qualified to own a registered Guyana ship
or a licensed Guyana ship fails, on demand, to produce the
certificate of registration or the license as the case may be, of
the ship or such other evidence as satisfies the Minister that
the ship complies with the requirements of subsection (1), that
ship may be detained until that evidence is produced.
(5) Any ship which is wholly owned by persons
qualified to own a Guyana ship, and which immediately
before the commencement of this Part, is registered in
Guyana in accordance with the Law of Merchant Shipping
Act, is entitled to be registered under this Act, but subject to
such conditions as may be prescribed.
(6) A ship required to be registered or licensed
under this Act shall not be recognised as a Guyana ship and is
not entitled to the rights and privileges accorded to Guyana
ships under this Act unless it is so registered or licensed.
(7) Where the Minister has reason to believe that
there is some doubt as to the title of any ship registered under
this Act, he may direct the Registrar of Ships to require that
evidence be given to his satisfaction that the ship is entitled to
be so registered; and where, within such time as may be
prescribed by the Minister, not being less than thirty days,
evidence to the satisfaction of the Registrar of Ships as to the
title of the ship is not given, the ship shall be liable to be
deregistered.
13. The Minister make regulations for the purpose of
giving full effect to the provisions of this Act dealing with the
registration of ships, and in particular may provide for the
manner in which Guyana Government ships may be
registered under this Act.

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Application for
registration.


Declaration of
ownership.

14. (1) An application for the registration of a ship
shall be made in the prescribed form –
(a) in the case of an individual, by the
person requiring to be registered as
owner, or by his agent;
(b) in the case of a body corporate, by its
agent,
and the authority of the agent shall be testified in writing.
(2) The Registrar may demand proof of ownership
to his satisfaction before proceeding with the registration of a
ship.
15. (1) A person shall not be registered as the owner of
a Guyana ship or of a share therein until such person, or in
the case of a body corporate the person authorized by section
92 (2) to make declarations on its behalf, has made and signed
declaration of ownership the prescribed form referring to the
ship as described in the certificate of a surveyor of ships and
containing the following particulars –
(a) his full name and address;
(b) a statement of his citizenship, or in
the case of a body corporate a
statement of the constitution and
business thereof as proof of its
qualification to own a Guyana ship;
(c) a statement of the time when and the
place where the ship was built, or if
the ship was built outside Guyana
and the time and place of building is
not known, a statement to that effect
and in addition, in the case of a ship
previously registered outside Guyana,
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Evidence on
first
registration.
a statement of the name by which she
was so registered;
(d) a statement of the name of the master
and his citizenship;
(e) a statement of the number of shares in
the ship in respect of which such
person or the body corporate, as the
case may be, is entitled to be
registered as owner, and
(f) a declaration that to the best of his
knowledge and belief no unqualified
person or body of persons is entitled
as owner to any legal or beneficial
interest in the ship or any share
therein.
(2) For the purposes of this section "beneficial
interest" has the meaning assigned to it by section 88.
16. (1) On the first registration of a ship the following
evidence shall be produced in addition to the declaration of
ownership –
(a) in the case of a ship built within the
Caribbean Community a builder's
certificate signed by the builder of the
ship and containing a true account of
the proper denomination and tonnage
of the ship as estimated by him and of
the time when, and the place where,
she was built and of the name of the
person, if any, on whose account the
ship was built and, if there has been
any sale, the bill of sale under which
the ship or a share therein has become
vested in the applicant for
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Restrictions on
registration and
cancellation of
registration.
registration, and;
(b) in the case of a ship condemned by a
competent authority, the official copy
of the condemnation.
(2) In the case of every ship built in Guyana, the
builder shall, if requested to do so, deliver to the owner a
signed certificate containing the particulars specified in
paragraph (a) of subsection (1).
(3) If any builder fails to comply with subsection
(1) or (2) or wilfully makes a false statement in a certificate
given thereunder, he is guilty of an offence and is liable to a
fine of fifty thousand dollars.
17. Subject to section 9 –
(a) no vessel shall be entered in the
Guyana registry unless it is
deregistered from its previous
registration and a certificate of
deregistration is issued by the
competent authority of the previous
registration;
(b) no vessel in respect of which there
exists a mortgage registered in a
previous registry shall be registered in
the Guyana registry unless such
mortgage is discharged;
(c) the registration of a ship shall be
cancelled if the ship –
(i) is found to be registered in a
foreign registry;
(ii) is lost or destroyed, or
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Rules for
bareboat
charter
registration.
(iii) ceases to be owned in
accordance with section 11.
18. Where a ship acquired under a bareboat charter is
being registered in the Guyana registry pursuant to section
11(2), the following provisions shall apply –
(a) the names, addresses and other
particulars of the shipowner and
charterer shall be entered in the
register;
(b) a certified true copy of the bareboat
charter party shall be filed with the
Registrar;
(c) upon application for registration, the
charterer shall disclose to the
Registrar the details of any
outstanding mortgages or other
encumbrances registered against the
ship in any ship registry and the
Registrar shall enter such details in
the register;
(d) no mortgages or other encumbrances
shall be registered in respect of that
ship in the Guyana ship register;
(e) (i) unless the ship owner is a
Guyanese citizen or a body
corporate incorporated in
Guyana, and except as
provided in this Act or any
other written law, no matters
pertaining to the ownership of
the ship or any proprietary
interest connected therewith
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Restriction on
deregistration
of ships.

Port of
Registry.

Register books.

shall be subject to the Laws of
Guyana;
(ii) all other matters pertaining to
the ship shall be governed by
this Act or any subsidiary
legislation made thereunder
during the period of her
registration in the Guyana ship
registry;
(f) upon the termination of the bareboat
charter party, the ship shall be struck
off the Guyana register and a
certificate of deregistration shall be
issued to that effect,
(g) if there is a change of ownership of
the ship during the currency of the
bareboat charterparty, the charterer
shall inform the Registrar forthwith
and details of the new ownership
shall be entered in the register.
19. The Registrar shall not permit the de-registration
of a ship without the consent in writing of all registered
holders of mortgages on the said ship registered under this
Act.
20. (1) The port of Georgetown shall be the Port of
Registry for the registration of ships.
(2) The Minister may by order declare any other
port of Guyana as a Port of Registry.
21. (1) The Registrar of ships shall keep such register
books as may be deemed necessary including the following –
(a) a register book for merchant ships;
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(b) a register book for fishing vessels;
(c) a register book for ships under
construction.
(2) Entries in those books shall be made in
accordance with the following provisions –
(a) the property in a ship shall be divided
into sixty-four shares;
(b) subject to the provisions of this Part
with respect to joint owners or owners
by transmission, not more than sixty-
four individuals shall be entitled to be
registered at the same time as owners
of any one ship; but this provision
shall not affect the beneficial title of
any number of individuals or of any
corporation 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;
(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;
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and
(e) a body corporate may be registered as
owner by its corporate name.
(3) As soon as the requirements of this Act
preliminary to the registration of a ship have been complied
with, the registrar shall enter in the register book the
following particulars respecting the ship –
(a) the name of the ship and the previous
name and registry, if any;
(b) the details contained in the certificate
of survey,
(c) the particulars respecting it’s origin
stated in the declaration of ownership;
(d) the name, address, occupation and
nationality of its owner, and where
there is more than one owner, what
share in the ship is held by each,
(e) the Port of Registry or home port and
the official number or identity mark,
(f) the international call sign of the ship,
where one is assigned;
(g) the name of the builders, and place
and year, of building of the ship;
(h) the description of the main technical
characteristics of the ship,
(i) details with respect to any mortgages.
(4) The registrar shall not register any ship
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Documents to
be retained by
the registrar.
purchased or otherwise acquired from a foreign subject or
corporation where any bill of sale or other document under or
by virtue of which the ship became vested in the applicant for
registration contains any provision express, implied or
constructive, restricting the use of the vessel or imputing any
measure of continued control thereof by the government of a
foreign country.
(5) Only those individual owners, joint owners and
corporations recorded as owners in the register book shall be
regarded as owners of the ship or part thereof.
(6) The registrar shall keep a record in the manner
approved by the Minister of –
(a) the date of deletion or suspension of
the previous registration of the ship;
(b) the name, address and, as appropriate
the nationality of the bareboat
charterer.
22. On the registration of a ship the Registrar shall
retain in his possession –
(a) the surveyor's certificate;
(b) the builder's certificate;
(c) any bill of sale of the ship previously
made;
(d) the copy of the condemnation, if any;
(e) all declarations of ownership;
(f) the notice of name of the ship;

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Name of ship.

Change of
name of ship.
(g) and the application for registration.
23. (1) Every merchant ship registered in the register
book for merchant ships shall have a name; and two or more
merchant ships shall not bear the same name.
(2) A Guyana ship shall not be described by any
name other than that by which it is for the time being
registered.
(3) The Registrar may, in accordance with any
regulations made under this Act, refuse to register any ship
by the name by which it is proposed to register that ship if it
is already the name of a registered Guyana ship or a name so
similar as is calculated or likely to deceive or to offend the
public interest.
(4) If the Registrar refuses to register a ship by the
name that is proposed or if the requirements of the
regulations referred to in subsection (3) are not complied
with, that ship shall not be registered under the name
proposed, or until the regulations are complied with, as the
case may be.
(5) If any person acts or suffers any other person
under his control to act in contravention of this' section or
omits to do or suffers any other person under his control to
omit to do, anything required by this section he shall be liable
on conviction to a fine of thirty thousand dollars and the ship
may be determined until this section is complied with.
24. (1) A change may not be made in the name of a
Guyana Ship without the previous written consent of the
Registrar.
(2) Application for a change of name shall be in the
prescribed form.

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Identity marks
for fishing
vessels.

Offences under
section 24 and
25.
Call sign.

(3) The Registrar may not grant permission to
change the name of a Guyana ship, unless he is satisfied that
all registered holders of mortgages thereof have been notified
of the proposed change of name.
(4) An approval for a change of name shall be
granted by the Registrar in accordance with the regulations
and a change of name of a ship in the register shall be carried
out in the manner set out in the regulations made under this
Part.
25. (1) On the registration of a fishing vessel the
registrar shall allocate to it a combination and sequence of
letters and numerals (hereinafter called the ‚identity mark‛)
which he shall cause to be entered in the register book.
(2) The same letters and identity mark of a
registered fishing vessel shall not be allocated to any other
fishing vessel.
(3) Every registered fishing vessel shall display the
identity mark allocated to it under this section on each side of
its bow and shall show its Port of Registry on the stern.
(4) The master and owner of a fishing vessel which
displays an identity mark not allocated to it under this section
is guilty of an offence.
26. (1) A person is guilty of an offence who
contravenes or permits any other person under his control to
contravene section 24 or 25.
27. A merchant ship or a fishing vessel which is
equipped either with a wireless radio transmitting station or
with a radiotelephony installation shall also have an
internationally registered code designation; that is to say,
international call letters or numbers as appropriate to the flag
state of registration and assigned to the ship,
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Register book
for ships under
construction.


Survey.


Minister to
make tonnage
regulations.
28. A ship under construction may be entered in the
register book for ships under construction from the date of
the signing of the contract for construction until it is placed on
another register after completion.
TONNAGE MEASUREMENT
29. (1) Every ship before registration shall be surveyed
by a surveyor of ships and the tonnage of the ship ascertained
in accordance with any regulations made under this Part.
(2) The surveyor shall grant a Certificate of Survey
specifying the ship’s tonnage, the date and place of
construction and such other particulars descriptive of the
identity of the ship as may for the time being be required by
the Registrar.
(3) The Certificate of Survey shall be delivered to
the Registrar before registration and on the basis of such
certificate; the Registrar shall then issue a tonnage certificate
in the manner prescribed.
30. (1) The Minister may by regulations, hereinafter
referred to as ‚the tonnage regulations‛ –
(a) provide for ascertaining the tonnage
of ships,
(b) make different provisions for
different descriptions of ships or for
the same description of ships in
different circumstances;
(c) make any provision of the regulations
dependent on compliance with such
conditions to be evidenced in such
manner as may be specified in the
regulations;

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(d) prohibit or restrict the carriage of
goods or stores in spaces not included
in the registered tonnage of a ship and
provide for making the master and
the owner each liable to a fine of one
hundred thousand dollars when such
a prohibition or restriction is
contravened.
(2) In the tonnage regulations, provision may be
made-
(a) for assigning to a ship, either instead
of or as an alternative to the tonnage
ascertained in accordance with the
other provisions of the regulations, a
lower tonnage applicable where the
ship is not to be loaded to the full
depth to which it can otherwise be
safely loaded;
(b) for indicating on the ship by such
mark as is specified, that such a lower
tonnage has been assigned to it and,
where it has been assigned to it as an
alternative, the depth to which the
ship can be loaded for the lower
tonnage to be applicable; and
(c) for the issue of documents, certifying
the registered tonnage of any ship or
the tonnage that is to be taken for any
purpose specified as the tonnage of a
ship not registered in Guyana.
(3) In making the tonnage regulations the Minister
shall have due regard to the International Convention on
Tonnage Measurement of Ships 1969, including any
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Tonnage once
ascertained to
be tonnage of
ship.
Tonnage of
foreign ship.
amendments thereof.
31. (1) Where the tonnage of a ship has been
ascertained in accordance with the tonnage regulations and
such tonnage has been assigned to the ship, that tonnage shall
be registered and henceforth be deemed to be the tonnage of
that ship,
(2) The tonnage of a ship as ascertained under
subsection (1) shall be entered in every subsequent
registration of the ship unless–
(a) an alteration is made in the form or
capacity of the ship; or
(b) it is discovered that the tonnage of the
ship has been erroneously computed,
and in either of those cases the ship shall be re-measured and
her tonnage ascertained and registered according to the
tonnage regulations.
32. (1) Where it appears to the Minister that a country
has promulgated rules on tonnage that are substantially the
same as those under the tonnage regulations made under this
Part, the Minister may order that a ship of that country,
without being re-measured in Guyana, be deemed to be of the
tonnages denoted in her certificate of registration or other
national certificates relating to tonnage in the same manner,
to the same extent and for the same purposes as the tonnages
denoted in the certificate of registration of a Guyana ship is
deemed to be the tonnages of that ship.
(2) Any space shown by the certificate of
registration or other certificates relating to the tonnage of any
foreign ship described in subsection (1) as deducted from
tonnage on account of being occupied by seamen or
apprentices and appropriated to their use, shall be deemed to
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Foreign and
other
measurements.

Alterations
between
surveys.

have been certified under this Act and to comply with those
provisions of this Act that apply to such a space in the case of
a Guyana ship unless a surveyor inspects the ship and
certifies to the Minister that the construction and the
equipment of the ship in respect of that space do not meet the
standard required of a Guyana ship under this Act, in which
case the ship shall be re-measured and assigned a tonnage in
accordance with this Act.
(3) Where it appears to the Minister that the
tonnage of a foreign ship as measured by the rules as to
tonnage of the country to which it belongs materially differs
from that which would be its tonnage if measured under this
Act, the Minister may order that any of the ships of that
country be re-measured in accordance with this Act for all or
any of the purposes of this Act.
33. (1) Where a ship has been measured and
registered as a foreign ship or has already been measured
without being registered as a Guyana ship, a surveyor may,
for the purposes of section 29 accept and use any figures of
measurement contained in the latest register relating to that
ship, or in the case of an unregistered ship, in the latest
certificate of survey relating to that ship.
(2) Before acting under subsection (1) the surveyor
shall satisfy himself that there have been no changes of
measurement since the making of the register or certificate
that he proposes to use; and where any such changes have
been made he shall re-measure the ship to the extent made
necessary by the changes.
34. Where any alteration or reconstruction of a
Guyana Ship is made that could affect the ship's classification,
measurement, tonnage or load line, the owner or master of
the ship shall, within thirty days after the completion of the
alteration or reconstruction, advise the Registrar of the
alteration or reconstruction and give him details thereof.
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Appointment
of surveyors.

Marking of
ships.

Certificate of
registration.
35. (1) The Minister may appoint duly qualified
persons within or outside Guyana as surveyors to survey and
measure ships under and for the purposes of this Act.
(2) The Minister may, by regulations, nominate
any person within or outside Guyana to be a classification
society for the purposes of this Act and any classification
society so appointed may appoint any person to survey and
measure ships under and for the purposes of this Act, subject
to such conditions as the Minister may impose.
36. (1) Every ship shall, before being registered in
Guyana, be marked permanently and conspicuously in
accordance with the regulations made tinder this Part.
(2) Where the Registrar is satisfied that a ship is
insufficiently or inaccurately marked, he may suspend the
certificate of registration of the ship or in the absence of such
certificate he may detain the ship until the insufficiency or
inaccuracy has been remedied to his satisfaction.
(3) The Minister may make regulations exempting
any class of ship from all or any of the requirements of this
section.
CERTIFICATE OF REGISTRATION
37. (1) The certificate of registration shall be in such
form as may be prescribed.
(2) The certificate of registration shall include –
(a) the name of the owner of the ship, his
occupation and address, and if there
are more owners than one the
proportions in which they are
interested in the ship;
(b) the name of the master;
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Power to make
regulations in
relation to
certificate of
registration.

Issue and
custody of
certificate of
registration.
(c) the date and place where the ship was
built; and
(d) the details given in the tonnage
certificate.
38. The Minister may make regulations relating to –
(a) the grant of a new certificate of
registration;
(b) the loss of a certificate of registration;
(c) the keeping of a record of masters;
(d) the endorsement of a change of
ownership on a certificate of
registration;
(e) the delivery up of the certificate of
registration of a ship that is lost or
broken up or has ceased to be a
Guyana ship.
39. (1) The certificate of registration shall be kept on
board the ship and shall be used only for the lawful
navigation of the ship and shall not be subject to retention by
reason of any title, lien, charge or other interest of any owner,
mortgage holder or other person.
(2) No person who has in his possession, or under his
control, the certificate of registration of a ship shall refuse or
omit, without reasonable cause, to deliver such certificate on
demand to the person entitled to the custody thereof for the
purposes of the lawful navigation of the ship, or to any
registrar, ship surveyor, customs officer or other person
entitled by law to require its delivery.
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Improper use
of certificate of
registration.

Provisional
certificate of
registration.
(3) Every person who contravenes subsection (2) is
guilty of an offence and is liable to a fine of fifteen thousand
dollars.
(4) If, in any proceedings in respect of an offence
under this section, the court is satisfied that the certificate is
lost, the court shall so advise the Minister in writing.
40. If the master or owner of a Guyana ship uses or
attempts to use for the purposes of navigation of such ship a
certificate of registration not legally granted in respect of the
ship he shall, in respect of each such use or attempt, be guilty
of an offence and on conviction thereof shall be liable to a fine
not exceeding thirty thousand dollars and to a term of
imprisonment not exceeding one year and the ship shall be
liable to forfeiture.
41. (1) Where an owner of a ship intend to apply to
have the ship registered as a Guyana ship but there is no
registrar immediately available, a proper officer or other
appropriate authority designated to act on behalf of the
Government may grant to the owner or master, on his
application, which shall include a statutory declaration, a
provisional certificate stating-
(a) the name of the ship,
(b) the time and place of its purchase and
the names of its purchasers,
(c) the name of its master,
(d) the best particulars respecting its
tonnage, the time and place of its
construction and other particulars
which he is able to obtain,
and shall forward a copy of the certificate at the first
convenient opportunity to the Registrar.
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Temporary
pass in lieu of
certificate of
registration.

Registration of
alterations.
(2) The statutory declaration referred to in
subsection (1) shall include –
(a) a declaration as to ownership,
(b) a declaration as to seaworthiness, and
(c) a declaration that the foreign registry,
if any, of the ship has been closed.
(3) A provisional certificate under this section shall
have the effect of a certificate of registration until the
expiration of six months after its date of issue or until the
arrival of the ship at a port in Guyana, whichever first
happens, and on either or those events happening shall cease
to have effect.
(4) The master of every ship in respect of which a
provisional certificate is granted under this section shall,
within ten days of the ship's first arrival thereafter at a port in
Guyana, deliver the certificate to the Registrar; and where any
master fails to comply with this subsection, he is guilty of an
offence and is liable to a fine of thirty thousand dollars.
42. Where it appears to the Minister that by reason of
special circumstances it is desirable that permission be
granted to a ship to pass, without being previously
registered, from any port in Guyana to any port within or
outside Guyana, the Minister may, in any case in which the
ship belongs to a country whose law provides for the issue of
temporary passes, direct the registrar to grant a pass and that
pass for the time and within the geographical limits therein
mentioned shall have the same effect as a certificate of
registration and the Registrar when so directed shall grant the
pass accordingly.
REGISTRATION OF ALTERATIONS AND REGISTRATION ANEW
43. (1) When a Guyana ship is so altered as not to
correspond with the particulars relating to its tonnage or
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Rules for
registration of
alterations.
description in the register, notification of the alteration shall
be given within thirty days after the completion of the
alteration to the Registrar; and the notice shall be
accompanied by a certificate of survey stating the particulars,
of the alteration.
(2) Upon receipt of a notice of alteration of a
Guyana ship under subsection (1), the Registrar shall either
cause the alteration to be registered or direct that the ship be
registered anew.
(3) Where there is a failure to comply with the
requirements of subsection (1) or with a direction under
subsection (2), the Registrar may suspend the certificate of
registration of the ship in respect of which the failure occurs.
(4) If default is made in registering anew a ship
that has been altered or in registering the alteration, the
owner of the ship shall be guilty of an offence and on
conviction thereof shall be liable to a fine not exceeding six
thousand dollars and, in addition to a fine of one thousand
dollars for every day during which the offence continues after
conviction.
44. (1) For the purposes of the registration of an
alteration in a Guyana ship, the ship's certificate of
registration shall be produced to the Registrar within sixty
days after the alteration, and he shall either –
(a) retain the certificate and grant a new
certificate of registration containing a
description of the ship as altered; or
(b) endorse and sign on the existing
certificate a memorandum of the
alteration.
(2) The particulars of the alteration and the fact of
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Provisional
certificate
where ship
registered
anew.
the new certificate having been granted or an endorsement
having been made shall be entered by the Registrar in the
register book.
45. (1) Where a Guyana ship is outside of Guyana, and
consequent upon notification as to be registered anew, a
proper officer or other appropriate authority designated to act
on behalf of the Government shall grant to the master on his
application, either a provisional certificate, describing the ship
as altered, or provisionally endorse the particulars of the
alteration on the existing certificate.
(2) Where the proper officer or other appropriate
authority grants a provisional certificate or provisionally
endorses a certificate under this section, he shall add to the
certificate or endorsement a statement that the same is made
provisionally.
(3) The master of every ship in respect of which a
provisional certificate is granted or a certificate is endorsed
under this section shall, within ten days of the ship's arrival
thereafter at a port in Guyana or within six months of the date
of issue or endorsement of the certificate whichever is the
sooner, deliver that certificate to the Registrar and, if any
master fails to comply with this subsection, he is guilty of an
offence and is liable to a fine of thirty thousand dollars.
(4) Where any ship in respect of which a
Provisional Certificate is granted or a Certificate is endorsed
under this section first arrives thereafter at a port in Guyana
application for registration of that ship anew shall be made to
the Registrar and the other requirements requisite for
registration shall be compiled with; and, if, in respect of any
such ship, there is failure to comply with this subsection, the
owner of the ship is guilty of an offence and is liable to a fine
of thirty thousand dollars and, in addition, to a further fine of
one thousand dollars for every day during which the offence
continues after conviction.
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Registration
anew on
change of
ownership.

Procedure for
registration
anew.
Restriction on
re-registration
of abandoned
ships.

Ships to be
licensed.
46. Where the ownership of any Guyana ship is
changed, the Registrar may, on the application of the owner
of the ship, direct that the ship be registered anew, although
registration anew is not required under this Act.
47. (1) Where the ship is to be registered anew, the
Registrar shall proceed as in the case of first registration and
on the receipt of the existing certificate of registration and
upon compliance of the other pre-requisites to registration or
such of them as the Registrar thinks material, he shall make
such new registration and grant a Certificate accordingly.
(2) When a ship is registered anew her former
registration shall be considered closed, except so far as relates
to any unsatisfied mortgage entered on it, but the names of all
persons on the former register appearing to be interested in
the ship as owners or holders or mortgages or other interests
in the ship registered anew shall be entered on the new
register and the new registration shall not in any way affect
the rights of any of those persons.
48. Where a ship has ceased to be registered as a
Guyana Ship by reason of having been wrecked or
abandoned, or for any reason other than capture by the
enemy or transfer to a person not qualified to own a Guyana
ship, the ship shall not be re-registered until such ship has, at
the expense of the applicant for registration, been surveyed
by a surveyor and certified by him to be seaworthy.
LICENSING
49. (1) Subject to subsections (2) and (3), every ship
under twenty-four metres in length shall be licensed under
this Act.
(2) The following ships shall be exempt from being
licensed under this section –
(a) pleasure craft of less than five metres
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Qualifications
for owning a
licensed
Guyana ship.

Regulations for
licensing of
ships.
in length not equipped with
propulsion machinery;
(b) pleasure craft of less than three metres
in length equipped with propulsion
machinery of not more than five horse
power;
(c) ships registered under this Act.
(3) The Minister may in writing exempt, either
generally or specifically, ships from compliance with
subsection (1), subject to such conditions as he may stipulate.
50. (1) A ship shall not be licensed in Guyana unless it
is owned wholly by persons referred to in section 11.
(2) No more than eight persons may be recorded as
joint owners of a licensed Guyana ship.
(3) Within seven days, or such further time as may
be allowed by the Minister, after a change of ownership of a
Guyana ship, the owner shall in writing notify the Registrar
of such change.
(4) Where the owner of a licensed Guyana ship
fails to comply with subsection (3), the licence of the ship
shall be deemed to have been cancelled.
(5) The Minister may in writing exempt any ship
from the provisions of subsection (1).
51. The Minister may make regulations regarding the
licensing of ships and licensed Guyana ships, and in
particular for the following matters –
(a) the manning of and the life-saving,
safety and fire-fighting equipment to
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Transfer of ship
or share.
Declaration of
transfer.
be carried on such ships,
(b) the examination and certification of
skippers, mechanics and deckhands,
(c) surveys and inspections;
(d) the appointment of surveyors;
(e) the keeping of records;
(f) fees,
(g) discipline.
TRANSFERS AND TRANSMISSIONS
52. (1) Every transfer of a ship or a share therein to a
person qualified to own a Guyana ship shall be by a bill of
sale.
(2) The bill of sale shall –
(a) be in the prescribed form;
(b) contain such description of the ship as
is contained in the certificate of
survey, and
(c) be executed by the transferor in the
presence of, and be attested by, two
witnesses.
53. Where a registered ship or share therein is
transferred, the transferee shall not be entitled to be registered
as owner thereof until he, or, in the case of a body corporate,
the person authorized by this Act to make declarations on
behalf of the body corporate, has made and signed a
declaration, in this Part referred to as a ‚declaration of
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Registration of
transfer.

Transmission
of property in
ship on
bankruptcy,
death, etc
transfer‛ referring to the ship and containing -
(a) a statement of the qualification of the
transferee to own a Guyana ship, or if
the transferee is a body corporate, of
the circumstances of its constitution
and business as proof of its
qualification to own a Guyana ship;
and
(b) a statement that, to the best of his
knowledge and belief, no unqualified
person or body of persons is entitled
to any legal or beneficial interest in
the ship or any share therein.
54. (1) Every bill of sale for the transfer of a registered
ship or of a share therein, when duly executed, shall be
produced to the Registrar with the declaration of transfer, and
the Registrar –
(a) shall thereupon enter in the register
book the name of the transferee as
owner of the ship or the share therein;
(b) shall endorse on the bill of sale the
fact of such entry and the date and
time at which the entry was made.
(2) Bills of sale of a ship or a share therein shall be
entered in the register book in the order of their production to
the Registrar.
55. (1) Where the property in a registered ship or
share therein is transmitted to a person qualified to own a
Guyana ship on the bankruptcy or death of any registered
owner, or by any lawful means, other than by a transfer under
this Part –
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(a) that person shall authenticate the
transmission by making and signing a
declaration (in this Part referred to as
a ‚declaration of transmission‛)
identifying the ship and containing
the statements required to be
contained in a declaration of transfer,
or as near thereto as circumstances
admit, and also a statement of the
manner in which and the person to
whom the property has been
transmitted;
(b) if the transmission is consequent on
death, the declaration of transmission
shall be accompanied by the
instrument of representation, or in the
case of death of a joint owner by proof
of survivorship to the satisfaction of
the Registrar; and
(c) if the transmission is consequent on
bankruptcy, the declaration of
transmission shall be accompanied by
such evidence as is for the time being
admissible in any court in Guyana as
proof of the title of persons claiming
under a bankruptcy.
(2) The Registrar shall, on receipt of the declaration
of transmission, enter in the register book the name of the
person entitled under the transmission as owner of the ship or
share therein, as the case may be, and, where there is more
than one such person, they shall, for the purposes of the
provisions of this Act with respect to the number of persons
entitled to be registered as owners, be considered as one
person.
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Order for sale
on transmission
to an
unqualified
person.

Transfer of ship
or share by
order of court.

56. (1) Where the-property in a registered ship or
share therein is transmitted on death, bankruptcy, or
otherwise to a person not qualified to own a Guyana ship, the
High Court may, on application by or on behalf of the
unqualified person order a sale of the property so
transmitted, and direct that the proceeds of the sale after
deducting therefrom the expenses incurred on the sale, be
paid to the person entitled under the transmission or
otherwise as the Court may direct.
(2) The Court may require any evidence in support
of the application as it thinks requisite, and may make the
order subject to such terms and conditions as it thinks just, or
may refuse to make the order, and generally may act as the
justice of the case requires.
(3) Every such application for sale shall be made
within four weeks after the occurrence of the event on which
transmission took place, or within such further time, not
exceeding in the whole one year from the date of the
occurrence of the event, as the court may allow.
(4) If such an application is not made within the
time aforesaid, or if the court refuses to make an order for
sale, the ship or share transmitted shall thereupon be subject
to forfeiture under this Act.
57. (1) Where the Court, whether under this Part or
otherwise, orders the sale of any ship or any share therein, the
order of the Court shall contain a declaration vesting in a
person named by the Court the right to transfer that ship or
share, and that person shall be entitled to transfer the ship or
share in the same manner and to the same extent as if he were
the registered owner thereof.
(2) The Registrar shall comply with any direction
made by the person so named by the court in respect of any
such transfer to the same extent as if such person were the
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Power of court
to prohibit
transfer.

Mortgages of
ship or share.
Obligation of
mortgagor to
registered owner.
58. (1) The Court may if it thinks fit, without prejudice
to the exercise of any other power of the court, on the
application of any interested person, make an order
prohibiting for a specified time the transfer of a ship or any
share therein.
(2) The Court may make an order under subsection
(1) on any terms or conditions it thinks just, or may refuse to
make the order or may discharge the order when made, with
or without costs, and generally may act in the case as the
justice of the case requires.
(3) The Registrar without being made a party to
the proceedings shall on being served with the order of the
court or an official copy thereof, obeys the same.
MORTGAGES
59. (1) A Guyana ship, or a share therein, may be
made a security for a loan or other valuable consideration,
and the instrument creating such security, in this Part referred
to as a ‚mortgage‛ shall be in the prescribed form.
(2) The Registrar shall record mortgages in the
order in time in which they are produced to him for that
purpose, and shall endorse and sign a memorandum on each
mortgage indicating that it has been recorded by him and
stating the date and time that it was recorded.
(3) A mortgage executed outside Guyana and
produced before a proper officer duly authorized to receive
the same may be recorded by the Registrar on the advice of
such proper officer.
60. (1) Before executing any mortgage the mortgagor
shall disclose in writing to the mortgagee the existence of any
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disclose
existing
liabilities.

Entry of
discharge of
mortgage.

Priority of
mortgages.
Mortgagee not
treated as
owner.

Mortgagee to
have power of
disposal.
maritime lien, prior mortgage, or other liability in respect of
the ship to be mortgaged and of which the mortgagor is
aware.
(2) If the mortgagor fails to comply with this
section the mortgage debt shall, at the election of the
mortgagee, become immediately due and payable,
notwithstanding anything to the contrary in the mortgage.
61. (1) When a registered mortgage is discharged the
Registrar shall, on production of the mortgage with a receipt
for the mortgage money endorsed thereon and duly signed
and attested, make an entry in the register to the effect that
the mortgage has been discharged.
(2) When the entry referred to in subsection (1) has
been made, the estate, if it has passed to the mortgage holder,
shall vest in the person in whom having regard to intervening
acts and circumstances, if any, it would have vested if the
mortgage had not been made.
62. If there are several mortgages registered in respect
of the same ship or a share therein, the mortgages shall,
notwithstanding any express, implied or constructive notice,
rank in priority, according to the date at which each mortgage
is recorded in the register book, and not according to the date
of the mortgage.
63. Except as far as may be necessary for making a
mortgaged ship or share therein available as security for the
mortgage debt, the mortgagee shall not by reason of the
mortgage be deemed to be the owner of the ship or share, nor
shall the mortgagor be deemed to have ceased to be the
owner thereof.
64. (1) Every registered mortgagee shall, subject to
subsection (2), have power absolutely to dispose of the ship or
share in respect of which he is registered, and to give effectual
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Mortgage not
affected by
bankruptcy.

Transfer of
mortgages.
receipts for the purchase money.
(2) If there are several persons registered as
mortgagees 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 without the concurrence of
every prior mortgage holder.
(3) Every registered mortgagee shall be entitled to
enforce his mortgage by an action in rem in Admiralty
whenever any sum secured by the mortgage is unpaid when
due, or otherwise in accordance with the terms of any deed or
instrument collateral to the mortgage.
65. A registered mortgage of a ship or share therein
shall not be affected by any act of bankruptcy committed by
the mortgagor after the date on which the mortgage is
recorded, notwithstanding that the mortgagor at the
commencement of his bankruptcy had the ship or share in his
possession, or was the reputed owner thereof, and the
mortgage shall be preferred to any right, claim or interest
therein of the other creditors of the bankrupt or any trustee or
assignee on their behalf.
66. (1) A registered mortgage of a ship or share may
be transferred to any person and the instrument effecting the
transfer shall be in the prescribed form, and on production of
such instrument, the Registrar shall record the transfer by
entering in the register the name of the transferee as
mortgagee of the ship or and shall endorse and sign on the
instrument of transfer a memorandum that the transfer has
been recorded by him stating the date and time that the
transfer was recorded.
(2) The person to whom any registered mortgage
has been transferred shall enjoy the same right of preference
as was enjoyed by the transferor.

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Transmission
of interest in
mortgage in
certain
circumstances.

Authority to
sell or
mortgage out
of Guyana.
67. (1) Where the interest of a mortgagee in a Guyana
Ship or any share therein is transmitted on the death or
bankruptcy of the mortgagee, or by any lawful means other
than by a transfer under this Act, the transmission shall be
authenticated by a declaration of the person to whom the
interest is transmitted.
(2) A declaration made under this section shall
contain 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 by this Act required in
the case of a corresponding transmission of the ownership of
a Guyana ship or share therein.
(3) The Registrar on receipt of the declaration and
production of the evidence referred to in subsection (2), shall
enter the name of the person entitled under the transmission
in the register as mortgagee of the ship or share therein.
68. (1) Where a registered owner of a Guyana ship or a
share therein, is desirous of disposing by way of sale or
mortgage of that ship or share at any place out of Guyana, he
may make application, by declaration in writing, to the
Registrar.
(2) In any such application, there shall be set forth
the following particulars –
(a) the name and address of the person
by whom the power mentioned in the
certificate is to be exercised, together
with –
(i) in the case of a sale, the
minimum price at which
a sale is to be made if it is
intended to fix any such
minimum; or
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(ii) in the case of a mortgage,
the maximum amount
thereof, if it is intended
to fix any such
maximum;
(b) the place where the power is to be
exercised, or, if no place is specified, a
declaration that the power may be
exercised anywhere, subject to this
Act;
(c) the limit of time within which the
power may be exercised.
(3) Subject to section 69(l), in the case of an
application to dispose of a ship by way of sale, the Registrar
shall enable any such applicant to dispose of the ship or share
in the manner desired in accordance with subsection (4).
(4) On receiving an application made under this
section, the Registrar shall enter in the register book a
statement of the particulars set forth in the application, and
shall grant to the applicant a certificate of sale or a certificate
of mortgage, as the case may require.
(5) A certificate of sale and a certificate of
mortgage –
(a) shall each be in the prescribed form;
(b) shall not authorise any sale or
mortgage to be made in Guyana, or
by any person not named in the
certificate; and
(c) shall contain a statement of the
particulars set forth in the
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General rules
for certificates
of sale.

Procedure
where ship
under
certificate of
sale granted in
Guyana.
application, and also a statement of
any registered mortgages and
certificates of sale or mortgage
affecting the ship or share in respect
of which the certificate is given.
69. (1) A certificate of sale shall not be granted except
for the sale of an entire ship; and such a certificate shall not be
granted under this Part, except upon the application, made by
declaration in writing of all persons appearing on the register
to be interested therein, as owners or mortgagees.
(2) The power conferred by any such certificate
shall be exercised in conformity with the directions contained
therein.
(3) An agreement for sale entered into in good
faith in exercise of the power conferred by any such certificate
to a purchaser for valuable consideration shall not be
impeached by reason of the person by whom the power was
given dying at any time between the giving of the power and
the completion of the sale.
(4) Whenever any such certificate contains a
specification of the place at which, and a limit of time not
exceeding twelve months within which the power is to be
exercised, a sale made in good faith to a purchaser for
valuable consideration without notice shall not be impeached
by reason of the bankruptcy of the person by whom the
power was given.
70. (1) Where a Guyana ship is sold, in exercise of a
power conferred by a certificate of sale granted under this
Part, to persons qualified to own a Guyana ship -
(a) a transfer of the ship shall be made by
bill of sale in the manner provided by
this Part; and the bill of sale, when
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Registration in
Guyana where
ship sold under
certificate of
sale granted in
a foreign state.
duly executed, and the certificate of
sale shall be produced to a proper
officer at the place at which the ship is
sold, and that officer shall thereupon
endorse and sign on the certificate of
sale a statement of the fact of that ship
having been sold, and shall forthwith
notify the Registrar;
(b) the ship may be registered a new in
the manner provided by this Act; and
(c) the Registrar upon receipt of the
certificate of sale and the ship’s
certificate of registration from a
proper officer each of those
certificates having endorsed thereon
an entry of the fact of the sale having
taken place, shall thereupon enter the
sale of the ship in the register book.
71. (1) Where any ship registered in a foreign state is
sold in exercise of a power conferred by a certificate of sale
granted under the law of that country, to persons qualified to
own a Guyana ship, that ship may be registered in Guyana in
accordance with this section.
(2) Application for registration anew shall be made
to the Registrar and there shall be produced to the Registrar
the bill of sale by which the ship is transferred, the certificate
of sale and the certificate of Registration of the ship.
(3) The Registrar, on registering the ship anew –
(a) shall retain the certificates of sale and
Registration, and shall endorse on
each of those certificates an entry of
the fact of a sale having taken place;
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Rules as to
certificates of
mortgage.
and shall forward those certificates, so
endorsed, to the Registrar at the ship's
former Port of Registry; and
(b) shall enter in the register book such
particulars as are, by this Act required
to be entered therein in the case of the
first registration of a ship in Guyana,
and also a statement of any registered
mortgages or certificates of mortgage
enumerated on the certificate of sale.
(4) On such registration anew –
(a) the description of the ship contained
in her former certificate of registration
may be transferred to the new register
book, without her being resurveyed,
and the declaration to be made by the
purchaser shall be the same as would
be required to be made by an
ordinary transferee; and
(b) all persons appearing on the register
to be interested in that ship as owners
or mortgagees shall be deemed to
have the same rights, and their rights
shall be determined in the same
manner, as if that ship had been first
registered in Guyana in the manner
provided in this Act and as if any
unsatisfied mortgage or existing
certificates of mortgage had been
entered in the register book at that
port.
72. The following rules shall be observed as to
certificates of mortgage -
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(a) the power shall be exercised in
conformity with the directions
contained in the certificates;
(b) every mortgage executed thereunder
shall be registered by the
endorsement of a record thereof on
the certificate by the proper officer at
the place at which the mortgage is
executed;
(c) a mortgage executed in good faith
thereunder shall not be impeached by
reason of the person by whom the
power was given dying at any time
between the giving of the power and
the execution of the mortgage;
(d) whenever the certificate contains a
specification of the place at which,
and a limit of time not exceeding
twelve months within which, the
power is to be exercised, a mortgage
executed in good faith to a mortgagee
without notice shall not be impeached
by reason of the bankruptcy of the
person by whom the power was
given;
(e) every mortgage which is so registered
as aforesaid on the certificate shall
have priority over all mortgages of
the same ship or share created
subsequently to the date of the entry
of the certificate in the register book;
and where there are more mortgages
than one so registered, the respective
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mortgagees claiming thereunder shall,
notwithstanding any express, implied
or constructive notice, be entitled one
before the other according to the date
and time that each mortgage is
registered on the certificate, and not
according to the date of the mortgage;
(f) subject to the foregoing rules, every
mortgagee whose mortgage is
registered on the certificate shall have
the same rights and powers, and be
subject to the same liabilities, as he
would have had and been subject to,
if his mortgage had been registered in
the register book instead of on the
certificate;
(g) the discharge of any mortgage so
registered on the certificate may be
endorsed on the certificate by the
Registrar or proper officer, on the
production of such evidence as is, by
this Act required to be produced to
the Registrar for the entry of the
discharge of a mortgage in the register
book and, on that endorsement being
made the interest, if any, which
passed to the mortgagee shall vest in
the same person or persons in whom
it would, having regard to the
intervening acts and circumstances, if
any, have vested if the mortgage had
not been made;
(h) on the delivery of any certificate of
mortgage to the Registrar by whom it
was granted, he shall, after recording
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Loss of
certificate of
sale or
mortgage.

Revocation of
certificate of
sale or
mortgage.
in the register book, in such manner
as to preserve its priority, any
unsatisfied mortgage registered
thereon, cancel the certificate and
enter the fact of the cancellation in the
register book, and every certificate so
cancelled shall be void.
73. On proof at any time to the satisfaction of the
Registrar than a certificate of sale or mortgage is lost or
destroyed, or so damaged as to be useless, and that the
powers thereby given have never been exercised, or, if they
have been exercised, then, on proof of the several matters, and
things that, have been done thereunder, the Registrar may as
circumstances require, either issue a new certificate or direct
such entries to be made in the register book, or such other
things to be done, as might have been made or done if the
loss, destruction or damage had not taken place.
74. (1) The owner of a Guyana ship, or a share therein,
in respect of which a certificate of sale or mortgage has been
granted specifying the places where the power thereby given
is to be exercised, may, by an instrument under his hand,
authorise the Registrar by whom the certificate was granted
to give notice to the proper officer at every such place that the
certificate is revoked.
(2) Notice shall thereupon be given accordingly
and be recorded by the proper officer receiving it, and after it
is recorded, the certificate shall be deemed to be revoked in
respect of any sale or mortgage to be thereafter made at that
place.
(3) After it has been recorded, the notice shall be
exhibited to every person applying for the purpose of
effecting or obtaining a transfer or mortgage under the
certificate.

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Sources of
maritime liens.


Claims not
recognized as
(4) A proper officer, on recording any such notice,
shall inform the Registrar by whom the certificate was
granted whether any previous exercise of the power to which
the certificate refers has taken place.
MARITIME LIENS
75. Each of the following claims against the owner,
demise charterer, manager or operator of the vessel shall be
secured by a maritime lien on the vessel –
(a) claims for wages and other sums due
to the master, officers and other
members of the vessel's complement
in respect of their employment on the
vessel, including costs of repatriation
and social insurance contributions
payable on their behalf,
(b) claims in respect of loss of life or
personal injury occurring, whether
on land or on water, in direct
connection with the operation of the
vessel;
(c) claims for reward for the salvage of
the vessel;
(d) claims for port, canal, and other
waterway dues and pilotage dues;
(e) claims based on tort arising out of
physical loss or damage caused by the
operation of the vessel, other than loss
of or damage to cargo, containers and
passengers' effects on the vessel.
76. No maritime lien shall attach to a vessel to secure
claims set out in paragraphs (d) and (e) of section 75 which
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maritime liens.

Priority of
maritime liens
in general.

Order of
priority of
maritime liens.
arise out of or result from –
(a) damage in connection with the
carriage of oil or other hazardous or
noxious substances by sea for which
compensation is payable to the
claimant pursuant to any law
providing for strict liability and
compulsory insurance or other means
of securing the claims; or
(b) the radio-active properties or a
combination of radio-active
properties with toxic, explosive or
other hazardous properties of nuclear
fuel or of radio-active products or
waste.
77. The maritime liens set out in section 75 shall take
priority over mortgages registered under this Act or any
preferential rights arising under the law of bankruptcy, and
except as provided in section 79 and subsection (2) (b) of
section 84 no claim shall take priority over them.
78. The maritime liens set out in section 75 shall-
(a) rank in the order in which they are
listed therein, save that claims arising
under paragraph (c) of section 75 shall
take priority over all other maritime
liens which have attached to the
vessel prior to the time when the
operations giving rise to such liens
were performed;

(b) in the case of claims arising under
paragraphs (a), (b), (d) and (e) of
section 75, rank paripassu as among
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Rights of ship-
builders and
ship repairers.
Other liens on
themselves;
(c) in the case of claims arising under
paragraph (c) of section 75, rank in the
inverse order of the time when the
claims secured thereby accrued; and
for this purpose the claims shall be
deemed to have accrued on the date
on which the salvage operation was
terminated.
79. (1) Subject to subsection (2),where a lien or right of
retention arises in respect of a ship in the possession of –
(a) a ship-builder, in order to secure
claims for the building of the vessel;
or
(b) a ship repairer, in order to secure
claims for the repair of the vessel,
including reconstruction of the vessel,
effected during such possession,
such right shall be postponed to all maritime liens set out in
section 75 but may take precedence over any registered
mortgage or other preferential rights so long as the vessel is in
the possession of the shipbuilder or ship repairer, as the case
may be.
(2) If at the time of a forced sale referred to in
sections 84 and 85 the vessel is in the possession of a ship-
builder or ship repairer, such ship-builder or ship repairer
shall surrender possession of the vessel to the purchaser, but
shall be entitled to obtain satisfaction of his claim out of the
proceeds of sale after the satisfaction of the claims of holders
of maritime liens referred to in section 75.
80. (1) Claims against the owner, demise charterer,
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vessel.

Attachment of
maritime liens
and extinction
by lapse of
time.
manager or operator of the vessel, other than those referred to
in section 75, may be secured by a lien or other right on the
vessel, provided that such liens or rights shall-
(a) be subject to sections 81(2) and (3), 83
and 84(2) and (3);
(b) be extinguished-
(i) after a period of six months,
from the time when the claim
secured thereby arose, unless,
prior to the expiry of such
period, the vessel has been
arrested or seized, such arrest
or seizure leading to a forced
sale; or
(ii) at the end of a period of 60 days
following a sale to a bona-fide
purchaser of the vessel, such
period to commence on the
date on which the sale is
registered in accordance with
the law of the state in which the
vessel is registered following
the sale;
whichever period expires first; and
(c) rank in priority behind the maritime
liens set out in section 75 as well as
behind registered mortgages.
81. (1) Subject to subsection (2), the maritime liens set
out in section 75 shall, subject to section 84 (1), remain
attached to the vessel, notwithstanding any change of
ownership or of registration.
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Assignment
and
subrogation.
Notice of
forced sale to
be given.
(2) The maritime liens relating to a vessel set out in
section 75 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 vessel has been arrested
and the arrest has led to a forced sale pursuant to the
provisions of the rules of Court or any other law for the time
being in force relating to the sale of property in admiralty
proceedings.
(3) The one year period referred to in subsection
(2) shall commence –
(a) with respect to the maritime lien set
out in paragraph (a) of section 75
upon the claimant's discharge from
the vessel;
(b) with respect to the maritime liens set
out in paragraphs (b) to (e) section 75,
when the claims secured thereby
arise;
and shall not be subject to interruption or suspension except
that time shall not run during the period the lien holder is
legally prevented from arresting the vessel.
82. (1) The assignment of or subrogation to a claim
secured by a maritime lien shall result in the simultaneous
assignment of or subrogation to such a maritime lien.
(2) Claimants holding maritime liens shall not be
entitled to the compensation payable to the owner of the
vessel under a contract of marine insurance.
83. (1) Prior to the forced sale of a vessel, the
executing officer shall give or cause to be given thirty days'
written notice of the time and place of such sale to –

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Effects of
forced sale and
disposition of
proceeds of
sale.
(a) all holders of mortgages and other
preferential rights registered under
this Part which have not been issued
to bearer;
(b) the holders of such mortgages and
rights as have been issued to the
bearer, whose claims have been
notified to the officer;
(c) the holders of maritime liens set out
in section 75 whose claims have been
notified to the officer;
(d) the holders of liens or rights under
sections 79 and 80;
(e) the registered owner of the vessel;
and
(f) the Registrar of Ships.
(2) The notice referred in subsection (1) shall be in
writing and may be given by registered mail, or by electronic
or other appropriate means which provide for confirmation of
receipt of the notice to the persons specified in subsection (1),
if known, and the notice shall also be published in the local
news media and other appropriate publications.
84.(1) In the event of the forced sale of a vessel, all
registered mortgages except those assumed by the purchaser
with the consent of the mortgagees, and all liens and other
encumbrances of whatsoever nature, shall cease to attach to
the vessel, provided that at the time of the sale the vessel is
within Guyana.
(2) In the event of a forced sale of a vessel the
proceeds of sale shall be distributed as follows –
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(a) any sum awarded by a Court as costs
and expenses arising out of the arrest
or seizure and subsequent sale of the
vessel shall be paid out first: such
costs and expenses to include the
costs for the upkeep of the vessel and
the crew as well as wages and other
sums and costs referred to in
paragraph (a) of section 75 incurred
from the time of arrest or seizure;
(b) where the forced sale is that of a
stranded or sunken vessel following
its removal by the Port Authority, of
Guyana in the interest of safe
navigation or protection of' the
marine environment, the costs of such
removal shall be paid out next;
(c) the balance of the proceeds shall then
be distributed among-
(i) the holders of maritime liens
under section 75;
(ii) the holders of rights under
sections 79 and 80;
(iii) the holders of registered
mortgages and other
preferential rights, in
accordance with the provisions
of this Part, to the extent
necessary to satisfy the
respective claims;
(d) upon satisfaction of all claimants
referred to in paragraphs (a), (b) and (c),
the residue of the proceeds shall be paid
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Issue of
certificates that
the ship is free
of
encumbrances.
Provision for
cases of infancy
and disability.
to the owner and it shall be freely
transferable.
(3) The proceeds of a forced sale shall be made
available promptly and shall be freely transferable.
85. (1) When a ship registered in any country or a
territory thereof' has been the subject of a forced sale in
Guyana the executing officer shall, at the request of the
purchaser, and on being satisfied 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' such forced sale have been
deposited with the authority competent to distribute such
proceeds to the persons entitled thereto.
(2) Upon production of tile certificate referred to in
sub-section (1), the Registrar of Ships shall delete from the
register book all registered mortgages except those assumed
by the purchaser, and-
(a) if the purchaser is eligible to register
the vessel in Guyana, may register the
vessel in the name of such purchaser
if the purchaser so desires; or
(b) issue a certificate of deregistration for
the new registration,
as the case may be.
MISCELLANEOUS
86. Where by reason of infancy, mental illness or
defect or any other cause, any person interested in a ship or
share therein is incapable of making any declaration or doing
any act required or permitted by this Act to be made or done
in connection with the registration of the ship, or any share
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Notice of trusts
not received.

Definition of
beneficial
interest.
therein, the legal guardian or representative of that person, or
the committee, manager or other administrator of his estate,
or if there is no such guardian, representative, committee,
manager or administrator, any person appointed by a court of
competent jurisdiction on application made on behalf of the
incapable person or of any other person interested, may make
that declaration, or a declaration as nearly corresponding
thereto as circumstances permit, and do that act in the name
and on behalf of the incapable person, and all acts done by the
substitute shall be as effectual as if done by the person for
whom he is substituted.
87. No notice of any trust, express, implied or
constructive, shall be entered in the register book or be
receivable by the Registrar, and subject to any rights and
powers appearing on the register book to be vested in any
other person, the registered owner of a ship or of a share
therein shall have power absolutely to dispose of the ship or
share in the manner provided by this Act and to give effectual
receipts for any money paid or advanced by way of
consideration.
88. In this Part the expression "beneficial interest"
includes interests arising under contract, and other equitable
interest and without prejudice to –
(a) the provisions of this Act for
preventing notice of trusts from being
entered in the register book or
received by the Registrar;
(b) the powers of disposition and of
giving receipts, conferred by this Act
on registered owners and mortgagees;
(c) the provisions of this Act relating to
the exclusion of unqualified persons
from the ownership of Guyana ships,
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Liability of
owners.

Registration of
managing
owner, etc.
Power to
dispense with
declarations,
etc.
interests arising under contract or other equitable interests
may be enforced by or against owners and mortgagees of
ships in respect of their interests therein, in the same manner
as in respect of any other personal property.
89. Where any person has any beneficial interest
otherwise than by way of mortgage in any ship or share in a
ship registered in the name of some other person, the person
having the beneficial interest in the ship and the registered
owner of the ship shall be subject to all pecuniary penalties
imposed by this or any other Act on the owners of ships or
shares therein and proceedings may be substituted for the
enforcement of any such penalties against both or either of the
aforesaid parties with or without joining the other of them.
90. (1) The name and address of the managing owner
for the time being of every ship registered in Guyana shall be
entered in the register book.
(2) Where there is no managing owner, there shall
be so registered the name of such other person to whom the
management of the ship is entrusted by or on behalf of the
owner, and any person whose name is so registered shall, for
the purposes of this Act, be under the same obligations, and
subject to the same liabilities, as if he were the managing
owner.
(3) If default is made in complying, with the
provisions of this section the owner, or if there is more than
one owner each owner shall be guilty of in offence and on
conviction thereof shall be liable, in proportion to his interest
in the ship, to a fine not exceeding thirty thousand dollars in
respect of each time the ship leaves any port in Guyana.
91. When, under this Part, any person is required to
make a declaration on behalf of himself or anybody corporate,
or any evidence is required to be produced to the Registrar,
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Mode of
making
declarations.

Admissibility
of evidence of
register book
and certificate
of registration,
etc.
and it is shown to the satisfaction of the Registrar that from
any reasonable cause that person is unable to make the
declaration, or that the evidence cannot be produced, the
Registrar may, on the production of such other evidence and
subject to such terms as he may think fit, dispense with the
declaration or evidence.
92. (1) Declarations required to be made under this
Part shall be made before –
(a) a Registrar,
(b) a Magistrate or Justice of the Peace, or
(c) a proper officer.
(2) Declarations required to be made under this Part
may be made on behalf of a body corporate –
(a) by the secretary, or
(b) any other officer of the body
corporate, authorized by that body for
the purpose.
93. (1) Any person may, on payment of a fee of one
hundred dollars or such other fee as may be prescribed and
on application to the Registrar at any reasonable time during
the hours of his official attendance, inspect any register book.
(2) The following documents shall be admissible in
evidence in the manner provided by this Act –
(a) any register book required to be kept
or maintained under this Part, on its
production from the custody of the
Registrar or other person having the
lawful custody thereof,
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Forgery of
documents.

False
declarations.
(b) a certificate of registration issued
under this Act, purporting to be
signed by a Registrar or other, proper
officer;
(c) an endorsement on a certificate of
registration purporting to be signed
by a Registrar or other proper officer,
(d) every declaration made in pursuance
of this Part in respect of a Guyana
ship.
94. Any person who –
(a) forges or fraudulently alters;
(b) assists in forging or fraudulently
altering, or
(c) procures to be forged or fraudulently
altered,
any of the following documents, namely, any register book,
builder's certificate, surveyor's certificate, certificate of
registration, declaration, bill of sale, instrument of mortgage
or certificate of sale or mortgage under this Part, or any entry
or endorsement required by this Part to be made in or on any
such document shall be guilty of an offence and on conviction
thereof shall be liable to imprisonment for a term not
exceeding two years, and to a fine not exceeding fifty
thousand dollars.
95. (1) Any person who, in any declaration made in
the presence of or produced to a Registrar or proper officer
under this Part, or in any document or other evidence
produced to such Registrar or proper officer -
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Procedure on
forfeiture of
ship.
(a) wilfully makes or assists in making or
procures to be made any false
statement concerning the title to or
ownership of or the interest in any
ship or share in a ship; or
(b) utters, produces or makes use of any
declaration or document containing
any such false statement, knowing,
the same to be false,
shall be guilty of an offence and on conviction thereof shall be
liable to imprisonment for a term not exceeding two years
and to a fine not exceeding, fifty thousand dollars.
(2) Without prejudice to the provisions of
subsection (1) any person who wilfully makes a false
declaration concerning the qualification of himself or of any
other person or anybody corporate to own a Guyana ship
shall be guilty of an offence and on conviction thereof shall be
liable to imprisonment for a term not exceeding two years,
and to a fine not exceeding fifty thousand dollars:
(3) Any ship or share therein which is the subject
of any false declaration referred to in subsection (2) shall be
subject to forfeiture under this Act, to the extent of the interest
therein of the person making the declaration, unless it is
proved that the declaration was made without the authority
of the person or body corporate on behalf of whom the
declaration was made.
96. Where any ship has, either wholly or as to any
share therein, become subject to forfeiture under this Part the
ship may be seized and detained in accordance with section
440 and brought for adjudication before the High Court and
the court may thereupon order the ship and its equipment to
be forfeited to the Government, and make such order in the
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National
character of
ship to be
declared on
clearance.

Right to fly
national
colours of
Guyana.
Display of
national
colours.
case as to the court seems just, and may award to the officer
bringing in the ship for adjudication such portion of the
proceeds of the sale of the ship, or any share therein, as the
court thinks fit.
PART V
NATIONAL CHARACTER AND FLAG
97. (1) An officer of customs shall not grant a
clearance to any ship until the master of such ship has
declared to that officer the name of the country to which he
claims that such ship belongs and the officer shall thereupon
write such name on the clearance.
(2) If a ship attempts to proceed to sea without
such clearance the ship may be detained until the declaration
is made.
98. (1) A ship registered or licensed in accordance
with this Act shall be entitled to fly the national colours of a
Guyana ship.
(2) Nothing in this section shall be construed to
prohibit Guyana ships which are exempt from registration or
licensing under this Act from displaying in Guyana waters
the national colours of a Guyana ship.
(3) The national flag of Guyana constitutes the
national colours of a Guyana ship.
99. (1) A Guyana ship shall hoist the Guyana national
colours –
(a) on a signal being made to the ship to
such effect by a ship in the service of
the Government and carrying out the
provisions of this Act;

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Penalty for
unduly
assuming
Guyana
character.
(b) on entering or leaving any Guyana or
foreign port;
(c) when passing a warship of any navy;
and
(d) while in a Guyana port, from sunrise
to sunset.
(2) If default is made on board any such ship in
complying with the provisions of subsection (I) the master of
the ship shall be guilty of an offence and on conviction thereof
be liable to a fine not exceeding, ten thousand dollars.
(3) This section shall not apply to fishing vessels
exclusively employed in fishing.
(4) Where there are hoisted on board any Guyana
ship, any colours or pendant usually worn by ships of the
Defence Force of Guyana, or the national colours of any other
country, the master of the ship, or the owner thereof if he is
on board the ship, and every other person hoisting, the
pendant or colours, is guilty of an offence and is liable to a
fine of fifty thousand dollars and to seizure of the colours or
pendant.
100. (1) If a person uses the Guyana flag, and assumes
the Guyana national character on board a ship owned in
whole or in part by any person not qualified to own a Guyana
ship, for the purpose of making the ship appear to be a
Guyana ship, the ship shall be subject to forfeiture under this
Act unless the assumption has been made for the purpose of
escaping capture by an enemy or by a foreign ship of war in
the exercise of some belligerent right.
(2) In any proceeding for enforcing any such
forfeiture as is mentioned in subsection (1), the burden of
proving the title to use the Guyana flag and assume the
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National flag
on foreign ship.
Penalty for
concealing
Guyana
character or
assuming
foreign
character.

Penalty for
acquiring
ownership if
unqualified.

Liabilities of
ship not
recognized as a
Guyana ship.
Guyana national character shall lie upon the person using and
assuming the same.
101. (1) A person who uses or permits any person to
use the Guyana flag on board a foreign ship for the purpose
of making that ship appear to be a Guyana ship is guilty of an
offence and liable to a fine of twenty thousand dollars and to
imprisonment for three years.
(2) In any proceedings under this section the
burden of proving the right to use the flat, and to assume the
appearance of a Guyana ship is upon the person using the
Guyana flag.
102. (1) If the master or owner of a Guyana ship does
anything or permits anything to be done or carries or permits
to be carried any papers or documents with intent to conceal
the Guyana character of the ship from any person entitled by
the Law of Guyana to inquire into the same, or with intent to
assume a foreign character, or with intent to deceive any
person so entitled as aforesaid, the ship shall be subject to
forfeiture under this Act.
(2) Where the master of such ship commits or is
privy to the commission of the offence referred to in
subsection (1) he shall, on conviction thereof, be liable to
imprisonment for a term not exceeding two years and to a
fine not exceeding fifty thousand dollars.
103. If an unqualified person acquires as owner,
otherwise than by such transmission as is herein before
provided any interest either legal or beneficial, in a ship using
a Guyana flag and assuming a Guyana national character that
interest shall be subject to forfeiture under this Act.
104. Where by this Act a ship which is owned wholly
by persons qualified to own a registered ship is not
recognised as a Guyana ship, that ship shall not be entitled to
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Regulations
regarding safe
manning and
qualifications
of persons
serving in
Guyana ships.
any benefits, privileges, advantages or protection usually
enjoyed by Guyana ships or to use the national colours or
assume the national character of Guyana; but, as to the
payment of dues, the liability to fines and forfeiture and the
punishment of offences committed on board that ship, or by
any persons belonging to it, the ship shall be dealt with in the
same manner in all respects as if it were registered in Guyana
and recognised as a Guyana ship.
PART VI
MANNING OF SHIPS AND CERTIFICATION OF
SEAFARERS
105. (1) Every Guyana ship and every ship seeking
Guyana registration shall be manned by a crew sufficient and
efficient from the point of view of safety of life for the
purpose of the intended voyage, and shall remain so manned
during such voyage.
(2) The Minister may make such regulations as he
considers necessary or expedient to provide for the manning
requirements for Guyana ships and the qualifications of
officers and seamen of such ships and for matters connected
therewith, and without prejudice to the generality of such
powers, may make regulations –
(a) determining the categories of Guyana
ships by reference to their tonnage
capacity, the nature of their cargo and
the trading areas or voyages in which
they are engaged;
(b) respecting the manning requirements
in relation to such classes or
descriptions of ships as may be
prescribed, trading in such areas as
may be prescribed, and in particular,
requiring ships to carry such number
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of qualified officers of any
description, qualified doctors and
qualified cooks and such number of
other seamen or qualified seamen of
any description as may be specified in
the regulations;
(c) prescribing conditions as to the
nationality of a person for service on
board any Guyana ship, or any ship
engaged in local trade in Guyana
waters;
(d) requiring that in any case a ship shall
be under the charge of a properly
certificated master and that watches
at sea and in port are always kept by
appropriately qualified officers;
(e) requiring officers and seamen and
other persons performing prescribed
functions in relation to the operation
and maintenance of ships to
beholders of certificates of
competency, proficiency,
qualification, authorization or
otherwise and to satisfy such other
conditions as may be prescribed,
including conditions as to nationality
and providing for the grant,
revocation, extension, validation,
suspension, endorsement or variation
and the form and recording of such
certificates;
(f) relating to the holding and conduct of
examinations for such certificates, the
qualifications of candidates for such
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examinations and the qualifications of
the examiners and the appointment,
removal, reappointment and the
remuneration of such examiners, the
fees for such examinations, and all
such matters as the Minister thinks
necessary or expedient for the
purpose of such examinations;
(g) providing for the exemption of
persons with prescribed qualifications
or experience from the whole or parts
of examinations for such certificates;
(h) providing for the programmes of
training and the curricula of study to
be followed in the training of
seafarers;
(i) providing for the establishment,
maintenance and operation of schools
for the training of persons for
certification as seafarers, and
designating from time to time
institutions as recognized or affiliated
places of training;
(j) prescribing the manner in which
enquiries may be instituted before a
tribunal appointed under section 108,
the procedure to be followed in the
conduct of such proceedings and
matters incidental to or consequential
on such proceedings;
(k) prescribing any other matter which
may be, or is required by this Act to
be prescribed.
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Power to
exempt.

Approval of
foreign
certificate.
106. The Minister may exempt any ship or class of
ship from the requirements of any regulation made under
section 105 and such exemption may be confined to a
particular period or to one or more particular voyages.
107. (1) The Director may approve in writing a
certificate of competency issued in accordance with any law
in force in such country as may be prescribed, and any
certificate so approved shall remain approved so long as it
remains valid in that country.
(2) Where a person holding certificate referred to in
subsection (1) is desirous of serving on a Guyana ship as
master, deck officer or engineer, the Minister may direct that
–
(a) where the person is a citizen of
Guyana he be granted a certificate of
equivalent grade under this Act;
(b) where the person is not a citizen of
Guyana he may be issued with a
licence, authorising him to serve on a
'Guyana ship in the same capacity as
if his certificate had been granted
under this Act,
subject to such conditions as the Minister may impose.
(3) A licence issued under subsection (2) shall –
(a) during the currency have the same
force as a certificate of competency
granted under this Act and may be
cancelled or suspended for like
reason;
(b) be valid for a period of up to five
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Tribunal.

Court may
recommend
cancellation,
etc., of
certificate.

Cancellation,
etc., of
certificate by
Minister.
years from the date of issue, and may
be renewed upon such conditions as
may be prescribed.
108. The Minister may from time to time appoint a
tribunal of three persons at least one of whom shall be a ship's
senior officer, to enquire in accordance with such provisions
as may be prescribed, into any question whether a seafarer –
(a) is suffering from any habit or any
mental or physical condition
rendering him unfit to be a seafarer;
(b) is guilty of dishonesty, incompetence
or misconduct in the performance of
his functions as a seafarer;
(c) procured his certificate of competency
as a result of any misleading, false or
fraudulent misrepresentation,
and any tribunal appointed pursuant to this section shall, in
respect of the matter enquired into, make such
recommendations as it thinks fit to the Minister.
109. Where a court holding a formal investigation
under this Act into a shipping casualty finds that loss of life
or loss or abandonment of, or serious damage to, any ship has
been caused by the wrongful act or default of a seafarer who
holds a certificate issued or approved under this Act, the
court may recommend to the Minister that such certificate be
cancelled or suspended, or that the approval be withdrawn,
as the case may be.
110. The Minister, acting on a recommendation made
by a tribunal pursuant to section 108 or by a court pursuant to
section 109 or by the Director, consequent on the conviction of
a seafarer for an indictable offence or such other offence as
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Appeals
against
cancellation
etc., of
certificate.
may be prescribed –
(a) may, by instrument in writing cancel
or suspend a certificate issued under
section 105 and order that it be
surrendered at such place and within
such time as he directs; or
(b) with respect to a certificate approved
under section 107, may, by instrument
in writing withdraw the approval
either indefinitely or for such
temporary period as he may specify
in such instrument.
111. (1) Any person who is aggrieved by an order of
the Minister under section 110, cancelling or suspending a
certificate, or withdrawing an approval under this Act, may,
subject to subsection (3), appeal to the High Court against
such order within such time and in such manner as may be
prescribed.
(2) The High Court may –
(a) dismiss the appeal and confirm the
order;
(b) allow the appeal and set aside the
order;
(c) vary the order as it thinks fit;
(d) where the matter had been enquired
into by a tribunal pursuant to section
108, allow the appeal and direct that
the matter be re-heard by the same
tribunal or by another tribunal
appointed under that section.
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Offences.
(3) Where, pursuant to section 110, the Minister
cancels or suspends a certificate or withdraws approval on
the ground that the holder of such certificate has been
convicted of an offence referred to in section 110, the decision
of the Minister shall be final and conclusive and not subject to
any right of appeal.
112. (1) Any person –
(a) who, serves as a seafarer on board a
Guyana ship without being the holder
of a valid certificate appropriate to the
category in which he is engaged to
serve; or
(b) who, either on his own account or
acting in the capacity of agent,
engages any person as a seafarer
without taking all necessary steps to
ascertain whether such person is the
holder of a valid certificate
appropriate as aforesaid,
commits an offence under this Act and is liable on summary
conviction to a fine not exceeding fifty thousand dollars and
to imprisonment for a term not exceeding two years.
(2) For the purpose of paragraph (b) of subsection
(1), whereit is established that a seafarer is engaged to serve
in any category without being the holder of a valid certificate
appropriate to that category, the onus shall be on the person
who engages that seafarer to prove that he has taken all
necessary steps to ascertain that the seafarer was at the time
when was engaged, the holder of a valid certificate
appropriate to the capacity in which he is engaged to serve.
(3) Any person who –
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(a) makes or procures or assists in
making any false representation for
the purpose of obtaining for himself,
or for any other person any certificate
or any certified copy thereof,
(b) forges, assists in forging or procures
the forging of such certificate or copy
aforesaid;
(c) fraudulently alters or assists in the
fraudulent alteration of, such
certificate or copy, or procures it to be
fraudulently altered;
(d) fraudulently makes use of any such
certificate or copy aforesaid that is
forged, altered, cancelled, or
suspended or to which he is not
entitled;
(e) fraudulently lends his certificate to, or
allows it to be used by, any other
person; or
(f) takes or has in his possession any
document so closely resembling such
certificates as to be calculated to
deceive,
commits an offence and is liable on summary conviction to a
fine not exceeding fifty thousand dollars or to imprisonment
for a term not exceeding two years.
(4) Any person-
(a) who, not being the holder of a valid
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Saving and
transitional.

Functions of
Registrar of
Seamen.
certificate, or
(b) who, during a period when, pursuant
to section 110, his certificate is
suspended or approval thereof is
withdrawn, as the case may be,
takes or uses any title, addition or description implying or
calculated to lead persons to believe that he is entitled to
serve as a seafarer on a Guyana ship commits an offence and
is liable on summary conviction to a fine not exceeding
twenty-five thousand dollars or to imprisonment not
exceeding one year.
(5) Any seafarer who, without reasonable cause,
fails to comply with a direction of the Minister under section
110 to surrender his certificate commits an offence and is
liable on summary conviction to a fine not exceeding twenty-
five thousand dollars.
113. The provisions of this Act shall not affect the
validity of any certificate issued pursuant to any other written
law prior to the coming into force of this Act and the holder of
such certificate shall, while the certificate remains valid, be
regarded as a person holding a certificate under this Act.
PART VII
ENGAGEMENT AND WELFARE OF SEAMEN
ENGAGEMENT OF SEAMEN
114. The functions of the Registrar of Seamen are –
(a) to conduct all business connected
with the engagement and discharge of
all persons who serve on board
Guyana ships and all seamen being
citizens of Guyana who serve on
foreign ships;
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Crew
agreement.

(b) to afford facilities for engaging and
discharging seamen by keeping
registers of the names and conduct of
-
(i) seamen who apply to him for
engagement;
(ii) seamen shipped or discharged
by him;
(iii) seamen who produce
certificates of continuous
discharge in proof of service in
foreign or Guyana ships;
(iv) seamen who serve in Guyana
ships.
(c) to cause copies of the certificates
referred to in paragraph (b)(iii) to be
kept at his office;
(d) to perform such other duties relating
to seamen, apprentices and ships as
are by this or any other enactment
relating to shipping entrusted to him.
115. (1) Subject to subsection (2) the master of a
Guyana ship shall enter into an agreement with in accordance
with this Act with every seaman whom he engages and
carries to sea as one of his crew, and the master of any ship
shall enter into such an agreement with every seaman whom
he engages in Guyana or carries to sea from Guyana as one of
his crew.
(2) Subsection (1) shall not apply in any case where
the ship concerned does not exceed twenty-four metres, and
which is not engaged on an international voyage.
(3) The Minister may waive the requirements
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Contents of
crew
agreements.
stipulated in sub- section (1), or he may vary the contents of
the approved form of the crew agreement in respect of any
ship if he considers it expedient to do so.
(4) The Minister may make regulations for the
engagement of seamen and matters pertaining to the
engagement of seamen in respect of vessels under twenty-
four meters and which are not engaged on an international
voyage.
116. (1) A crew agreement shall be in the prescribed
form and shall be dated at the time of the first signature
thereof, and shall be signed by the master before a seaman
signs his name.
(2) The crew agreement shall show the place at
which it is made, the surname and other names of the
seaman, his birth-place, and his age or date of his birth, and
shall state clearly the respective rights and obligations of each
of the parties, and shall contain as terms thereof the following
particulars –
(a) the name of the ship in which the
seaman undertakes to serve;
(b) either the nature and, as far as is
practicable, the duration of the
intended voyage or engagement, or
the maximum period of the voyage or
engagement, which shall not exceed
twelve months, and the port at which
it is intended the crew shall be
discharged, and the places or ports of
the world, if any, to which the voyage
or engagement is not to extend;
(c) the number and description of the
crew;
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(d) if possible, the place and date at
which each seaman is to be on board
or to begin work;
(e) the capacity in which each seaman is
to serve;
(f) the amount of wages which each
seaman is to receive;
(g) the prescribed scale of the provisions
which are to be furnished to seamen;
(h) the time that is to expire after arrival
at the port of discharge before the
seaman is discharged;
(i) any regulations as to conduct on
board and as to fines, and other
lawful punishment for misconduct
which have been made by the
Minister which the parties agree to
adopt;
(j) a list of persons under the age of
eighteen years and the dates of their
births.
(3) The crew agreement shall be so drawn up as to
admit of such stipulations to be adopted at the will of a
master and seaman in each case, whether respecting the
advance and allotment of wages or otherwise, as are not
contrary to law.
(4) An agreement made to employ a seaman under
this section shall be terminated by-
(a) mutual consent of thereto;
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Regulations for
disciplinary
offences.
Same offences.

Procedures
relating to
certain crew
agreements.
(b) the death of the seaman; or
(c) the loss or total unseaworthiness of
the ship.
117. For the purpose of maintaining discipline on
board Guyana ships, the Minister may make regulations for-
(a) any misconduct on board as a
disciplinary offence and enabling the
master or such an officer as may be
designated by the master to impose
fines on seamen committing
disciplinary offences;
(b) the procedure for the hearing of
appeals against fines for disciplinary
offences;
(c) the setting up of a disciplinary
committee of persons employed in the
ships and for the exercise by all or any
of those members of the powers of the
master in dealing with disciplinary
offences;
(d) the payment of fines for disciplinary
offences.
118. Where any conduct is both a disciplinary offence
and an offence against any of the provisions of this Act, then
if it has been dealt with as a disciplinary offence it shall not be
dealt with as an offence against that provision.
119. The following provisions shall have effect with
respect to a crew agreement made in the case of ships trading
from and beyond the waters of Guyana –

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(a) the agreement shall, subject to the
provisions of this Act as to
substitutes, be signed by each seaman;
(b) the Registrar of Seamen shall cause
the agreement to be read over and
explained to each seaman or
otherwise ascertain that each
seaman understands the agreement
before he signs it and shall attest each
signature;
(c) when the crew is first engaged, the
agreement shall be signed in
duplicate, and one part shall be
forwarded to the owner and the other
shall be retained by the master and
shall contain a special place for the
descriptions and signature of
substitutes or persons engaged
subsequent to the first departure of
the ship;
(d) where a substitute is engaged in the
place of a seaman who duly signed
the agreement and whose services
are, within twenty-four hours of the
ship proceeding to sea, lost by death,
desertion or other unforeseen cause,
the master shall, before the ship
proceeds to sea if practicable, and if
not, as soon as possible thereafter,
cause the agreement to be read over
and explained to the substitute, and
the substitute shall thereupon sign the
same in the presence of a witness and
the witness shall attest the signature;

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(e) an agreement may be made for a
voyage or, if the voyage of the ship
averages less than six months in
duration, may be made to extend over
two or more voyages, and an
agreement as made to extend over
two or more voyages is in this Act
referred to as a ‚running agreement‛;
(f) a running agreement shall not extend
beyond the twelve month period of
time next following the date of the
making of the agreement or the first
arrival of the ship at her port of
destination after the termination of
that period;
(g) on every return to the port where the
crew was engaged before the final
termination of a running agreement,
the master shall make on the
agreement an endorsement as to the
engagement or discharge of seamen,
either that no engagements or
discharges have been made or are
intended to be made before the ship
leaves port, or that all those made
have been made as required by law,
and if the master wilfully makes a
false statement in any such
endorsement he is guilty of an
offence;
(h) the duplicate crew agreement
retained by the owner on the first
engagement of the crew shall be kept
by the owner for a period of seven
years after the expiration of the
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Further
provisions as to
crew
agreement.

Stipulations not
to be contrary
to law of flag
state.

agreement and shall be produced
demand made therefore by the
Registrar of Seamen or other proper
officer;
(i) except as provided in section 135 a
crew agreement shall not purport to
deprive any court of its jurisdiction
to hear and determine disputes
respecting the agreement.
120. (1) The master shall, at the commencement of
every foreign voyage or engagement, cause a legible copy of
the crew agreement omitting the signatures to be displayed in
some part of the ship which is accessible to the crew.
(2) Every erasure, amendment or alteration in any
crew agreement, except additions made for the purpose of
shipping substitutes or persons engaged after the first
departure of the ship, shall be without effect unless proved to
have been made with the consent of all persons interested in
the erasure, amendment or alteration.
(3) In any proceedings, a seaman may introduce
evidence to prove the contents of any crew agreement or
otherwise to support his case without producing or giving
notice to produce the agreement or any copy thereof.
(4) Every person who fraudulently alters, makes
any false entry in, or delivers a false copy of any crew
agreement is guilty of an offence.
121. In no case shall stipulations adopted by the
parties be contrary to the laws of the flag state of the ship in
matters relating to wages and conditions of employment of
seamen and masters on board ships.

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Seaman’s
certificate of
discharge.
Character
report.
122. (1) Subject to section 177, the master shall sign
and give to a seaman discharged from his ship, either on his
discharge or on payment of his wages, a certificate of his
discharge in an approved form specifying the period of his
service and the time and place of discharge.
(2) A certificate of discharge under subsection (1)
shall not contain any statement as to the wages or the quality
of work of the discharged seaman.
(3) The master shall, upon the discharge of every
certificated officer whose certificate of competency has been
delivered to and retained by him, return the certificate to the
officer.
123. (1) When a seaman is discharged from a Guyana
ship, the master thereof shall make and sign a report in the
prescribed form, in this section called a ‚character report‛, in
which the master –
(a) shall report on the conduct, character
and qualifications of the seaman who
is being discharged; or
(b) may state that he declines to give any
report on the conduct, character-and
qualifications of the seaman who is
being discharged.
(2) The master before whom the discharge of a
seaman is being made shall, subject to section 177 and if the
seaman so desires, give the seaman a copy of the character
report on him.
(3) A person is guilty of an offence who–
(a) makes a false report of character
knowing the same to be false;
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Discharge on
change of ship
registry.

Employment of
children or
persons under
eighteen years.
(b) forges or fraudulently alters any
certificate of discharge or character
report or copy of a character report;
(c) fraudulently uses any certificate of
discharge or character report, that is
forged or altered or that does not
belong to him.
124. Where a Guyana ship ceases to be registered as
such, any seaman employed in the ship shall be discharged
from the ship, unless he consents in writing to continue his
employment in the ship and, in such a case provisions of this
Part relating to the payment of a seaman's wages and the
power of the Registrar of Seamen or other proper officer to
decide disputes about wages shall apply in relation to his
wages shall as if the ship had remained registered in Guyana.
125. (1) No person under the age of sixteen years shall
be employed in any Guyana ship except –
(a) upon work approved by the Director
on board a school ship or training
ship; or
(b) where the Director certifies that he is
satisfied, having due regard to the
health and physical condition of the
person and to the prospective and
immediate benefit to him of the
employment, that the employment
will be beneficial to him.
(2) No person under the age of eighteen years shall
be employed in any capacity in any Guyana ship unless there
has been 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.
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Changes in
crew of certain
ships.

Change of
master.

(3) Every medical certificate under subsection (2) –
(a) shall be valid for one year from the
date of issue, unless earlier revoked;
and
(b) may at any time be revoked by a duly
qualified medical practitioner if he is
satisfied that the person is no longer
fit for work.
(4) No person under the age of eighteen years shall
be employed to work in the engine-room of any ship, unless
that person is an apprentice working under supervision.
126. (1) The master of every ship trading from and
beyond Guyana waters shall, before leaving Guyana, sign and
send to the Director a full and accurate statement, in the
prescribed form of every change which takes place in his crew
before finally leaving Guyana and that statement shall be
admissible in evidence.
(2) Any master who without reasonable cause fails
to comply with this section is guilty of an offence.
127. (1) Where, during the progress of a voyage of a
ship, the master is removed, superseded or for any other
reason ceases to have command or charge of the ship, and, is
succeeded in the command or charge of the ship, by some
other person, he shall deliver to his successor the certificate of
registration and the various documents relating to the
navigation of the ship and to the crew thereof which are in his
custody; and if he fails without reasonable cause to do so, he
is guilty of an offence.
(2) The successor to every master shall,
immediately on assuming the command of a ship, enter in the
official log book a list of the documents so delivered to him.
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Regulations for
conditions of
service.
128. (1) The Minister may make such regulations as he
considers necessary or expedient to provide for –
(a) the conditions of service of persons
serving in Guyana ships and of
Guyanese citizens serving in foreign
ships;
(b) matters connected therewith and, in
particular, relating to –
(i) apprenticeship to sea service;
(ii) engagement by foreign ships of
Guyana citizens;
(iii) the implementation of any
international convention
relating to the employment,
welfare, security, certification
or status of seafarers;
(iv) the avoidance agreements of
made contrary to such
regulations as may be
prescribed;
(v) wages in general, and the rights
related thereto of persons
employed in Guyana ships,
securing safe working
conditions, health and welfare
for seafarers and apprentices
employed in ships;
(vi) the accommodation to be
provided for seafarers and
apprentices on board ships, the
locations and standards of
accommodation and all
questions relating to the
accommodating of seafarers
and apprentices on board; and
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Use of english
language.
(c) the employment of persons under the
age of eighteen years.
(2) In making such regulations, the minister shall
have due regard to the following conventions of the
International Labour Organization, namely-
(a) Convention Concerning Minimum
Standards in Merchant Ships (1976);
(b) Convention Concerning Wages,
Hours of Work on Board Ship and
Manning (Revised 1958);
(c) Convention Concerning the Medical
Examination of Seafarers (1946);
(d) Convention Concerning Crew
Accommodation on Board
Ship(Revised), 1959, and
(Supplementary Provisions), 1970,
and any other Conventions and Recommendations of the
said Organization as may be relevant.
129. (1) Except where otherwise provided in this Act,
all correspondence, documents, forms or other writings shall
be in the English language, and in the case of the crew
agreement, official log book and master lists, in a prescribed
form save that a foreign language version of any document
may be appended to the English language version thereof.
(2) All written signs displayed on board a Guyana
ship shall be in the English language with, if it is considered
to be necessary by the master, a foreign language version
appended thereto.

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Crew’s
knowledge of
English.

Time and
manner of
payment of
wages.
Account of
wages.

Deductions
from wages.
130. (1) Where in the opinion of the Director the crew
of a Guyana ship consists of, or includes persons who may
not understand orders given to them in the course of their
duty because of their insufficient knowledge of English and
the absence of adequate arrangements for transmitting orders
in a language of which they have sufficient knowledge, the
Director shall inform the master of his opinion and the ship
shall not proceed to sea, and may be detained.
(2) If a ship goes to sea or attempts to proceed to
sea in contravention of this section both the owner and the
master are guilty of offences.
131. The master or owner of a Guyana ship trading
from and beyond Guyana waters shall pay to each seaman
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 seaman's discharge, whichever
first happens.
132. (1) The master of every Guyana ship shall, before
paying off or discharging a seaman, deliver at the time and in
the manner provided by this Act a full and true account of the
seaman's wages and of all deductions to be made therefrom
for any reasons whatsoever.
(2) The account shall be delivered to the seaman
not less than twenty-four hours before his discharge or
paying off.
133. (1) A deduction from the wages of a seaman shall
not be allowed unless it is included in the account delivered
in pursuance of section 203 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
in a book kept for that purpose, and shall if required produce
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Settlement of
wages.
Registrar’s
decision as to
wages.

Registrar may
require ship’s
documents.
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.
134. (1) When a seaman 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 the Registrar of Seamen or other proper officer.
135. Where a question, of whatever nature and
whatever the amount in dispute, between a master or owner
and any of his crew is raised before the Registrar of Seamen
and both parties agree in writing to submit the same to him,
the Registrar, 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 of the award shall be
admissible in evidence in the manner provided by this Act.
136. (1) In any proceeding under this Act before the
Registrar of Seamen relating to wages, claims or discharge of
a seaman, the Registrar may require the owner or his agent or
the master or any mate or other member of the crew to
produce any log books or other documents in his possession
or power relating to a matter in question in the proceedings
and may require the attendance of and may examine any of
those persons who are then at or near the place on the matter,
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Rate of
exchange.

Registrar may
settle wage
disputes up to
fifteen
thousand
dollars.

Court may
award interest
on wages due
where there is
no crew
agreement.
and may administer oaths.
(2) In any proceedings under this Act before the
Registrar of Seamen relating to the wages, claims or disputes
or discharge of seamen, all travelling and other expenses
incurred by the Registrar shall be met by the owner or master
of the ship in dispute.
137. Where a seaman has agreed with the master of a
Guyana ship for payment of his wages or any part thereof 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 amount 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 proper officer at that place.
138. Where, before the Registrar of Seamen or a
proper officer, a question as to wages is raised between the
master or owner of a ship and a seaman, and the amount does
not exceed fifteen thousand dollars, the Registrar or a proper
officer may, on the application of either party, decide the
question and the decision shall be final; but if the Registrar or
a proper officer is of the opinion that the question is one
which ought to be decided by a court, he may refuse to decide
it.
139. 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 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 their
servants or agents, may order them to pay in addition to the
sum due, interest on it at the rate of twenty percent per
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Allotment
notes.

Wages where
service
terminated.
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.
140. (1) Subject to this section, a seaman may, by
means of an allotment note issued in accordance with
regulations, allot a part of the wages to which he will become
entitled in the course of his employment in a Guyana ship.
(2) The Minister may make regulations –
(a) relating to the limitations to which a
seaman's right to make an allotment
are subject;
(b) prescribing the form of allotment
notes;
(c) relating to the right of a person
named in an allotment note to sue in
his own name.
141. (1) Where the service of a seaman terminates
before the date contemplated in the agreement by reason of
his being left on shore at a place abroad by reason of his
unfitness or inability to proceed on the voyage, such seaman
shall be entitled to wages for time served up to such
termination but not for any further period.
(2) Where the service of a seaman terminates
before the date contemplated in his agreement by reason of
the loss or foundering the ship on which he is employed, he
shall be entitled to receive wages in respect of each day on
which he is in fact unemployed during a period of two
months from the date of termination of the service at the rate
to which he was entitled at that date, except so far as he
obtains other suitable employment.

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Protection of
seaman’s rights
and remedies.
Claims against
seaman’s
wages for
maintenance.
142. (1) Subject to subsection (3) a seaman's lien on a
ship, his remedies for the recovery of his wages, his right to
wages in case of the wreck or loss of the seaman's ship, and
any right he may have or obtain in the nature of salvage shall
not be capable of being renounced by any agreement.
(2) Any stipulation in any agreement inconsistent
with subsection (1) or any other provision of this Act shall be
void.
(3) Subsection (1) does not affect any term of an
agreement made with the seamen belonging to a ship which,
in accordance with the agreement is to be employed on
salvage service which then relates to the remuneration to be
paid to them for salvage services rendered by that ship.
143. (1) Where, during a seaman’s employment in a
ship, expenses are incurred by a Public Officer for the benefit
of any of his dependants and the expenses are of a kind
specified in the regulations made and such further conditions,
as may be so specified are satisfied, the public officer may by
notice in writing require the persons employing the seaman –
(a) to retain for a period specified in the
notice such proportion of his net
wages as may be so specified, and
(b) to give to the public officer notice in
writing of the seaman's discharge
from the ship,
and the persons employing the seaman shall comply with the
notice, subject to subsection (3), and give notice in writing of
its contents to the seaman.
(2) For the purposes of this section-
(a) the following persons, and no others,
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shall be taken to be a seaman's
dependants, that is to say, his spouse
and any person under the age of
sixteen years, for whom he is liable
for the purposes of any law to
maintain, or in respect of whom he is
liable under such law to make
contributions to a local authority, and
(b) expenses incurred for the benefit of
any person include in addition to any
payments made to him or on his
behalf, expenses incurred for
providing him with accommodation
or care or for exercising supervision
over him, but no expenses shall be
specified in the regulations unless
they are such that a magistrates court
has power under any law to order the
making of payments in respect
thereof.
(3) No more than the following proportion of a
seaman's net wages shall be retained under subsection
(1)whether in pursuance of one or more notices that is to say–
(a) one-half, if the notice or notices relate
to one dependant only;
(b) two-thirds, if the notice or notices
relate to two or more dependants.
(4) Where a public officer has served a notice
under this section on the persons employing a seaman, a
magistrate court may, on the application of the officer, make
an order for the payment to the officer of such sum, not
exceeding the proportion of the seaman's wages which those
persons were required by virtue of this section to retain, as
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the court having regard to the expenses incurred by the
officer and the seaman's means, thinks fit.
(5) Any sums paid out of a seaman's wages in
pursuance of an order under this section shall be deemed to
be paid to him in respect of his wages; and the service, on the
persons who employed the seaman, of such an order or of an
order dismissing an application for such an order shall
terminate the period for which they were required to retain
the wages.
(6) An application for an order under this section
for the payment of any sum by the persons who employed a
seaman shall be deemed, for the purposes of any proceedings,
to be an application for an order against the seaman; but the
order, when served on those persons, shall have effect as an
order against them and may be enforced accordingly.
(7) Any notice or order under this section may be
served by registered post.
(8) The Minister may make regulations specifying
–
(a) the expenses in respect of which a
notice may be served by a public
officer under subsection (l);
(b) any conditions that must be satisfied
if such a notice is to be served;
(c) the period that may be specified in
such a notice being a period
beginning with the service of the
notice and ending a specified number
of days after the seaman's discharge
from his ship;

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Master’s
remedies for
remuneration
and
disbursements.

Wages not to
depend on
freight.
(d) the form of such a notice and the
information to be contained therein;
(e) the amounts to be deducted from a
seaman's wages in computing his net
wages for the purposes of this section,
and the amounts specified under this
paragraph may include amounts
allotted by allotment notes issued
under section 140.
144. (1) The master of a Guyana ship, so far as
circumstances permit, shall have the same rights, liens and
remedies for the recovery of his wages as a seaman has for his
wages under this Act or any other law.
(2) The master of a Guyana ship, and every person
lawfully acting as master of a ship by reason of the death or
incapacity from illness of the master of the ship, so far as
circumstances permit, has the same rights, liens and remedies
for the recovery of disbursements or liabilities properly made
or incurred by him on account of the ship as a master has for
the recovery of his wages.
(3) Where, in any proceedings regarding the claim
of a master in respect of wages or of the disbursements or
liabilities mentioned in subsection (2), any rights of set-off or
counter-claim is set up, the court may enter into and
adjudicate upon all questions and settle all accounts then
arising or outstanding and unsettled between the parties to
the proceeding, and may direct payment of any balance found
to be due.
145. (1) The right to wages shall not depend on the
earning of freight, and every seaman and apprentice who
would be entitled to demand and recover any wages if the
ship in which he has served has earned freight, shall, subject
to all other rules of law and conditions applicable to the case,
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Refusal to
work.

Illness caused
by own default.
Costs of
procuring
conviction.
be entitled to demand and recover the same notwithstanding
that the freight has not been earned; but in the event of wreck,
or loss of the ship, proof that the seaman has not exerted
himself to the utmost to save the ship, cargo and stores, shall
bar his claim for wages.
(2) Where a seaman or apprentice who would, but
for death, be entitled by virtue of this section to demand and
recover any wages, dies before the wages are paid, they shall
be paid and applied in the same way as the wages of a
seaman who dies during a voyage.
146. A seaman 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 him to begin work, or for any period during
which he is lawfully imprisoned for any offence committed
by him, unless the court hearing the case otherwise directs.
147. (1) Where a seaman is, by reason of illness,
incapable of performing his duty, and it is proved that the
illness has been caused by his own wilful act or default, or is a
sickness or infirmity wilfully concealed at the time of
engagement, he shall not be entitled to wages for the period
during which he is, by reason of the illness, incapable of
performing his duty.
(2) Subsection (1) does not affect the right of any
seaman to any payment or other benefits to which, he may be
entitled under any law providing for compensation to injured
or sick workers.
148. When in any proceeding relating to a seaman's
wages it is shown that the seaman has in the course of the
voyage, been convicted of an offence and punished by
imprisonment or otherwise, the court hearing the case may
direct any part of the wages due to the seaman, not exceeding
one month's wages, to be applied in reimbursing any costs
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Improper
discharge.

Protection of
wages.
properly incurred by the master in procuring the conviction
and punishment.
149.Where a seaman who has signed an agreement is
discharged otherwise than in accordance with the terms of the
agreement –
(a) before the commencement of the
voyage; or
(b) before one month's wages are earned,
without fault and without his consent, he is entitled to receive
from the master or owner, in addition to any wages he might
have earned, due for the damage caused to him by the
discharge, not exceeding one month's wages; and he may
recover that compensation as if it were wages duly earned.
150. (1) The following provisions apply to wages due
or accruing to a seaman –
(a) subject to section 143, and any law
relating to maintenance wages are not
subject to attachment by any court;
(b) an assignment or sale of wages before
they are due does not bind the person
making it;
(c) no power of attorney or authority for
the receipt is irrevocable; and
(d) a payment of wages to a seaman is
valid in law notwithstanding that the
wages have been assigned, or
encumbered.
(2) Nothing in subsection (1) affects the provisions
of this Act with respect to allotment notes.
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Leave and
holidays.

(3) Nothing in this section applies to any
disposition relating to the application of wages –
(a) in the payment of contributions to a
fund declared by regulations to be a
fund to which this section applies;
(b) in the payment of contributions in
respect of the membership of a body
declared by regulations to be a body
to which this section applies.
151. (1) Every person is entitled after twelve months
of continuous service on a Guyana ship, or for the same
employer, to an annual leave with pay, or to a proportionate
part of the annual leave with pay, the duration of which shall
be –
(a) in the case of master and officers, not
less than eighteen working days; and
(b) in the case of other members of the
crew, not less than twelve working
days.
(2) For the purpose of calculating the time at which
annual leave is due –
(a) periods between consecutive crew
agreements shall be included in the
reckoning of continuous service
referred to in subsection(1);
(b) short interruptions of service not due
to the act or fault of the employee and
not exceeding a total of six weeks in
any twelvemonths do not break the
continuity of the periods of service
that precede and follow them; and
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Seaman may
sue for wages.
(c) continuity of service is not
interrupted by any change in the
management or ownership of the
ships in which the person concerned
has served.
(3) The following shall not be included in annual
leave with pay –
(a) interruptions of service due to
sickness or injury; and
(b) public holidays.
(4) In addition to the entitlement under subsection
(1), every member of the crew of a Guyana ship is entitled to
nine days annual leave with pay in lieu of public holidays;
and if the length of continuous service is less than twelve
months, then the annual leave with pay shall be pro-rated.
152. (1) Subject to section 142, a seaman or a person
duly authorized on his behalf, may, as soon as any wages due
to him become payable, sue for them in a court having
jurisdiction in the place at which his service has terminated or
at which he has been discharged, or at which any master or
owner or other person upon whom the claim is made, resides.
(2) A court upon complaint on oath made to it for
the purposes of proceedings under this section may summon
the master or owner or other person to appear before the
court to answer the complaint.
(3) Upon the appearance of the master, owner or
other person, the court may examine upon oath the parties
and their respective witnesses regarding the complaint and
the amount of wages due, and may make such order for the
payment of any wages found due as appears reasonable and
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Jurisdiction of
High Court in
the recovery of
wages.
just.
(4) Where a master, owner or other person does
not appear, the court, on due proof that the master, owner or
other person was duly summoned, may examine on oath the
complainant and his witnesses regarding the complaint and
the amount of wages due, and may make such order for the
payment of any wages found due as appears reasonable and
just.
(5) Where an order under this section for the
payment of the wages is not obeyed within twenty-four hours
after the making thereof, the magistrate may issue a warrant
to levy the amount of the wages awarded to be due by
distress and sale of the goods and chattels of the person on
whom the order is made together with all the charges and
expenses incurred in connection with the distress and levy
and the enforcement of the order.
(6) Where sufficient distress cannot be found the
court may cause the amount of the wages, charges and
expenses to be levied on the ship in respect of which the
wages were earned or on the tackle and apparel thereof, save
that if the ship is not within the jurisdiction of the court, no
levy may be made on the ship but the court may cause the
person upon whom the order for payment is made to be
arrested and committed to prison for a term not exceeding
three months.
153. The High Court has jurisdiction to hear and
determine any action, suit or proceeding instituted by or on
behalf of any seaman or apprentice for the recovery of wages,
where –
(a) the owner of the ship is bankrupt;
(b) the ship is under arrest or is sold by
the authority of the High Court; or

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Power to
rescind
contracts.

Property of
deceased
seaman.
(c) a magistrates court refers the claim to
the High Court.
154. (1) Where proceedings are instituted in a court in
relation to a dispute between an owner or master of a ship
and a seaman, arising out of or incidental to their relationship
as such, or is instituted for the purpose of this section, the
court may, if, having regard to all the circumstances it thinks
it just to do so, rescind any contract between the owner or
master and the seaman, or any contract between the owner or
master and seaman, or any contract or articles of
apprenticeship, upon such terms as the court thinks just.
(2) The jurisdiction of a court under subsection (1)
is in addition to any other jurisdiction that the court can
exercise independently of this section.
PROPERTY OF DECEASED SEAMAN

155. (1) Where any seaman belonging to a Guyana
ship dies during a voyage, the master of the ship shall take
charge of any money or effects belonging to the deceased
seaman that are on board the ship.
(2) The master shall enter in the official log book -
(a) a statement of the amount of the
money and a description of the
effects; and
(b) a statement of the wages due to the
deceased, the amount of deductions,
if any, to be made from the wages and
the balance of the wages due.
(3) The entry shall be signed by the master and
attested by a mate or some other member of the crew.
(4) The master, if he thinks fit, may cause any of
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Delivery of
deceased
seaman’s
property.


the effects of a deceased seaman to be sold.
(5) The master of the ship shall without delay
furnish the Registrar of Seamen with a statement of the
property of the deceased seaman.
(6) The money, effects and balance of wages
mentioned in sub-sections (1) to (3) and the proceeds of the
sale mentioned in subsection (4) are in this Act referred to as
the "property of the seaman".
156.(1) Subject to subsection (2), the property of the
seaman shall be delivered, by the master of a ship by the
most practicable means, to the personal representative of the
deceased; or, if there is no personal representative, to the
Registrar of Seamen or to the proper officer as the case may
be, for disposal –
(a) in accordance with the law for
determining the distribution or
succession of personal property of
deceased persons of the place in
which the deceased was last resident;
or
(b) in accordance with the order of a court
having jurisdiction to determine the
distribution of the property of the
deceased.
(2) A master may deduct from the property of the
seaman any expenses properly incurred in complying with
subsection (1).
(3) After complying with subsection (1), the master
shall deliver a statement of account to the Registrar of Seamen
respecting the property of the seaman.

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Forgery of
documents.

Occupational
safety
regulations.
157. A person is guilty of an offence, who for the
purpose of obtaining, either for himself or for any other
person, any property of the seaman –
(a) forges or fraudulently alters any
document purporting to show or
assist in showing any right to that
property;
(b) makes use of any document that has
been forged or fraudulently altered as
described in paragraph (a);
(c) gives or assists in giving or
procures to be given any false
evidence knowing the same to be
false;
(d) makes any false representation
knowing the same to be false; or
(e) assists in procuring any false evidence
or representation to be given or made
knowing the same to be false.
OCCUPATIONAL SAFETY
158. (1) The Minister may make regulations for
securing, as far as is practicable, safe working conditions and
safe means of access for masters and seamen employed in
Guyana ships, and requiring the reporting of injuries
sustained by them.
(2) Without prejudice to the generality of
subsection (1), regulations under this section may –
(a) require the maintenance, inspection
and testing of any equipment and
impose conditions on its use;
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Provisions and
water.
(b) require, prohibit, or regulate the use
of any material or process;
(c) require the provision and use of any
protective clothing or equipment;
(d) limit the hours of employment of
seamen in any specified operation or
in any specified circumstances;
(e) make provision for the discharge, by
persons appointed from among the
persons employed in a ship, of
functions in connection with the
arrangements to be made under
regulations.
(3) In making regulations under this section, the
Minister shall have due regard to the Convention Concerning
the Prevention of Occupational Accidents to Seafarers (1970)
of the International Labour Organization.
PROVISIONS
159. (1) The Minister may also make regulations
requiring such provisions and water to be provided for
seamen employed in Guyana ships or any class of ships as
may be specified in the regulations.
(2) The Minister may exempt any ship from any
requirement of regulations made under this section, either
generally or in respect of a particular voyage.
(3) Where the provisions of any regulations made
under this section are not complied with in the case of a ship
the master or owner is guilty of an offence and is liable to a
fine of one thousand dollars unless he proves that the failure
to comply was not due to his neglect or default.
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Complaints as
to provisions
and water.

Allowance for
short or bad
provisions.
(4) Where a person empowered under this Act to
inspect the provisions and water to be supplied to the seamen
employed in a Guyana ship is not satisfied that they are in
accordance with regulations made under this section the ship,
if in Guyana may be detained.
160. (1) Where three or more members of the crew of a
Guyana ship consider that the provisions or water provided
for the use of the crew are, at any time, of bad quality or
deficient in quantity, they may complain thereof to the
Registrar of Seamen or the proper officer or an inspector, who
may either examine the provisions or water complained of, or
cause them to be examined.
(2) Where the person making an examination
under this section finds that the provisions or water are of
bad quality or deficient of quantity, he shall communicate
that fact in writing to the master of the ship, and if the master
does not thereupon provide provisions or water, fit for
human consumption he is guilty of an offence.
(3) The person making the examination shall enter
a statement of the result of the examination in the official log
book and send a report thereof to the Registrar of Seamen,
and that report is, admissible in evidence in the manner
provided by this Act.
(4) Where the person making the examination
certifies in his statement that there was no reasonable ground
for complaint, each of the complainants is liable to forfeit to
the owner out of his wages a sum not exceeding one week's
wages.
161. (1) If during the voyage of a Guyana ship the
allowance of provisions provided for a seaman is less than
that prescribed or any of those provisions are of bad quality,
the seaman shall receive by way of compensation for the
deficiency or bad quality, for so long as it lasts, such amounts
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Weights and
measures.


Medical fitness
regulations.


Crew
accommodati-
on regulations.

as may be prescribed to be paid to him in addition to, and to
be recoverable as, wages.
(2) Where the deficiency occurred because the
provisions could not be procured or supplied in proper
quantities and proper equivalent substitutes were supplied in
lieu thereof, those circumstances shall be taken into
consideration for the purposes of subsection (1) and the
compensation reduced or denied accordingly.
162. (1) The master of a Guyana ship in which
provisions are supplied to the crew shall keep on board
proper weights and measures of the several provisions and
articles distributed; and the master shall allow the weights
and measures to be used in the presence of a witness at the
time of distribution of the provisions and articles whenever
any dispute arises about the quantities.
(2) A master who fails without reasonable cause to
comply with subsection (1) is guilty of an offence.
HEALTH AND WELFARE
163. (1) The Minister may make regulations as appear
to him to be necessary for the medical examination of all
persons seeking employment in any capacity on board ships
and the issue of medical certificates in respect of such
persons.
(2) In making regulations under this section, the
minister shall have due regard to Convention Concerning the
Medical Examination of Seafarers (1946), of the International
Labour Organization.
164. (1) The Minister may make regulations with
respect to the crew accommodation to be provided in Guyana
ships.
(2) Without prejudice to the generality of
subsection (1), regulations made under this section may, in
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particular –
(a) prescribe the minimum space per
person which shall be provided by
way of sleeping accommodation for
seamen and the maximum number of
persons by whom a specified part of
such sleeping accommodation may be
used;
(b) prescribe the equipment to be
provided for the sleeping
accommodation, mess rooms,
sanitary accommodation and galleys
in a ship;
(c) regulate the spaces in the ship in
which the crew accommodation or
any part thereof may be located and
the standards to be observed in the
construction, equipment and
furnishing of any such
accommodation;
(d) provide for the protection of the crew
against injury, condensation, heat,
cold and noise on a ship;
(e) prescribe the water, heating, lighting,
ventilation and sanitary facilities to be
supplied on a ship;
(f) require the submission to a surveyor
of ships of plans and specifications of
any works proposed to be carried out
for the purpose of the provision or
alteration of any such accommodation
and authorize the surveyor to inspect
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any such works;
(g) provide for the maintenance and
repair of any such accommodation
and prohibit or restrict the use of any
such accommodation for purposes
other than those for which it is
designed; and
(h) provide for the inspection, measuring
and marking of crew accommodation
on a ship and its certification for the
purpose of ascertaining tonnage.
(3) Regulations made under this section may
exempt any particular ship or any class of ship from any
requirements of the regulations.
(4) Regulations made under this section may
require the master of a ship or any officer authorized by him
for the purpose to carry out such inspections of the crew
accommodation as may be prescribed.
(5) Where the provisions of any regulations made
under this section are contravened in the case of a ship, the
owner or master is guilty of an offence and the ship, if in
Guyana, may be detained.
(6) In this section "crew accommodation" includes
sleeping accommodation, mess rooms, sanitary
accommodation, store rooms and catering accommodation
provided for the use of seamen, but does not include any
accommodation which is also used by, or provided for the use
of passengers.
(7) In making regulations under this section, the
Minister shall have due regard to the requirements of the
Convention Concerning Crew Accommodation On Board
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Certificated
cook to be
carried.

Medical stores
regulations.

Expenses for
medical
treatment and
burial.
Ship (Revised 1949) and (Supplementary Provisions, 1970) of
the International Labour Organization.
165. (1) Every Guyana ship of one thousand gross tons
or more trading from beyond the waters of Guyana shall
carry a duly certificated ship's cook.
(2) Where in the opinion of the Minister there is an
inadequate supply of certificated ships, cooks he may exempt
a particular ship from the requirements of this section for a
specified period.
166. (1) The Minister may make regulations requiring
Guyana ships to carry such medicines, medical stores,
appliances and books containing instructions and advice, as
may be specified in the regulations.
(2) The owner and master of every ship shall
ensure that the ship carries medicines, medical stores,
appliances and books in accordance with the scales laid down
under subsection (1).
(3) Where an inspector is of the opinion that the
medicines medical stores, appliances and books on a Guyana
ship are deficient in quantity or quality or are placed in
improper receptacles, he shall give notice thereof in writing to
the master, owner or agent of the ship, and the ship may be
detained.
167. (1) Where the master of, or a seaman belonging to
a Guyana ship receives any surgical or medical treatment, or
such dental or optical treatment including the repair or
replacement of any appliance, as cannot be postponed
without impairing the efficiency of the master or seaman, the
reasonable expenses thereof shall be borne by his employer.
(2) Where the master or seaman dies and is buried
or cremated outside his country of residence, the expenses of
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Medical-
practitioners to
be carried.

Welfare Board
for seaman’s
welfare.

Facilities for
making
complaints.
his burial or cremation shall be borne by his employer.
168. (1) Every Guyana ship trading from and beyond
Guyana waters that proceeds from a port with not less than
one hundred persons on board shall carry on board as part of
her complement a duly qualified medical practitioner.
(2) The owner of a Guyana ship is guilty of an
offence and liable to a fine of one thousand dollars in respect
of each day every voyage of the ship on which is in
contravention of subsection (1).
169. (1) The Minister may, by regulations constitute an
advisory board to be called the National Seamen's Welfare
Board for the purpose of advising him on the measures to be
taken for promoting the welfare of seamen.
(2) Regulations made by the Minister pursuant to
subsection (1) may contain such provisions as he may think fit
for the proper functioning of the Board.
170. (1) Where a seaman while on board a Guyana
ship informs the master of the ship that he wishes to make a
complaint to a magistrate, the proper officer or the Registrar
of Seamen, against the master or any of the crew, the master
shall, as soon as the service of the ship will permit, allow the
complainant to go ashore, so that he can make, his complaint
–
(a) if the ship is then at a place where
there is a magistrate, proper officer or
the registrar of seamen, at that place;
or
(b) if the ship is not then at such a place,
upon her arrival at such a place.

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Assignment
and sale of
salvage.

Seaman’s
debts.

Endangering
life or ship.
(2) A master of a ship who fails, without
reasonable cause, to comply with this section is guilty of an
offence and liable to a fine of five thousand dollars.
PROTECTION OF SEAMEN FROM IMPOSITION
171. Subject to this Act, an assignment or sale of any
salvage payable to a seaman that is made before the salvage
accrues does not bind the person making the assignment or
sale, and a power of attorney or authority for the receipt of
any such salvage may be revoked regardless of its terms.
172. A debt exceeding a prescribed percentage of a
seaman's total earning as indicated in the crew agreement, if
incurred by the seaman after he is engaged to serve, is not
recoverable until the service agreed for is concluded.
PROVISIONS AS TO DISCIPLINE
173. The master or any member of the crew of a
Guyana ship who by wilful breach or by neglect of duty, or
by reason of being under the influence of alcohol or drugs –
(a) does any act tending to cause the
immediate loss, destruction or serious
damage of the ship, or tending to
endanger immediately the life or limb
of a 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 ship, from
immediate danger to life or limb,
is guilty of an offence and is liable to a fine of ten thousand
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General
offences against
discipline.
dollars and to imprisonment for twelve months.
174.(1) Where a seaman or apprentice engaged on a
Guyana ship –
(a) leaves the ship without leave, after its
arrival at a port and before it is placed
in security, he is liable to forfeit out of
his wages a sum not exceeding one
week's pay;
(b) wilfully disobeys any lawful
command, he is liable to
imprisonment for one month, and to
forfeit out of his wages a sum not
exceeding two days' pay;
(c) continually disobeys any lawful
command, or continually and wilfully
neglects his duty, he is guilty of an
offence and is liable to imprisonment
for three months, and to forfeit for
every twenty-four hours continued
disobedience or neglect either a sum
not exceeding two days' pay or any
expenses properly incurred in hiring a
substitute;
(d) assaults the master or any mate or
officer of the ship, he is guilty of an
offence and is liable to imprisonment
for one year;
(e) combines with any of the crews to
disobey lawful commands or to
neglect duty or to impede the
navigation of the ship or the progress
of the voyage, he is guilty of an
offence and is liable to imprisonment
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for one year;
(f) 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 its stores
or cargo, he is guilty of an offence and
is liable to imprisonment for one year
and to forfeiture out of his wages a
sum equal to the loss thereby
sustained;
(g) commits an act of smuggling,
whereby loss or damage is occasioned
to the master or owner of the ship, is
guilty of an offence and is liable to
pay to the master or owner a sum
sufficient to reimburse the loss or
damage and the whole or a
proportionate part of wages may be
retained in satisfaction or on account
of that liability without prejudice to
any further remedy;
(h) aids or procures a person to stow
away on his ship, and that person is
afterwards convicted of the offence,
he is guilty of an offence and is liable
to imprisonment for three months,
and to pay to the master or owner of
the ship a sum sufficient to reimburse
the expenses occasioned to that
master or owner in respect of the
stowaway, and the whole or a
proportionate part of his wages may
be retained in satisfaction or on
account of that liability, without
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Conviction not
to affect other
remedies.

prejudice to any further remedy.
(2) A seaman or an apprentice shall not be guilty
of an offence under subsection (1) by reason only of his
refusing duty during a lawful strike after his ship has arrived
and has been secured in good safety to the satisfaction of the
master and the port authority at a port in Guyana.
(3) A forfeiture or other payment imposed in
respect of an offence under subsection (1) shall not exceed
one-half of one month's salary in any one month, and shall
leave the seaman a sum which is sufficient for his
maintenance and that of his dependants.
175. Where a seaman lawfully engaged or an
apprentice belonging to a Guyana ship –
(a) deserts from his ship, he is guilty of
the offence of desertion and is liable
to imprisonment for three months,
and in addition he is liable to forfeit
all or any part of the effects he leaves
on board and the wages which he has
then earned and, where the master or
owner of the ship has engaged a
substitute in his place at a higher rate
of wages than the rate at which wages
had been stipulated to be paid to him,
to satisfy that excess;
(b) neglects or refuses without reasonable
cause to join his ship or to proceed to
sea in his ship, or is absent without
leave at any time within the period of
twenty-four hours immediately before
the ship sails for a port either at the
commencement or during the
progress of a voyage, or is absent at
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Improper
negotiation of
advance note.

Certificate of
discharge may
be withheld.
any time without leave and without
sufficient reason from his ship or his
duty, and the act or omission does not
constitute or is not treated by the
master as constituting the offence of
desertion, he is guilty of the offence of
absence without leave and is liable to
imprisonment for two months, and in
addition is liable to forfeit out of his
wages a sum not exceeding two days'
pay and in addition for every twenty-
four hours of absence either a sum not
exceeding six days' pay or any
expenses properly incurred in hiring a
substitute.
176. (1) Where a seaman belonging to a Guyana ship
being lawfully engaged has received under his agreement an
advance note, and after negotiating his advance note wilfully
or through misconduct fails to join his ship or deserts
therefrom before the note becomes payable, he is guilty of an
offence and is liable to a fine of five thousand dollars and to
imprisonment for two months.
(2) This section shall not limit or otherwise
prejudice any remedy, by suit or otherwise –
(a) of any person in respect of the
negotiation of the advance note; or
(b) which an owner or master would
otherwise have for breach of contract.
177. Where it is shown to the satisfaction of the
Registrar of Seamen that a seaman lawfully engaged in and
belonging to a Guyana ship has wilfully or through
misconduct failed to join his ship, the Registrar may direct
that the seaman's certificate of discharge shall be withheld for
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False statement
as to last ship.

Deserters from
foreign ships.

Proof of
desertion when
wages are to be
forfeited.
such period as he may think fit, and while the seaman's
certificate of discharge is so withheld, any person having the
custody of the documents may notwithstanding anything in
this Act or any other enactment refuse to furnish copies of any
of his certificates of discharge or certified extracts of any
particulars of service or character.
178. Where a seaman on or before being engaged
wilfully and fraudulently makes a false statement of his own
name, he is guilty of an offence and is liable to a fine of five
thousand dollars and to imprisonment for two months.
179. (1) Where it appears to the Minister that due
facilities will be given by the government of a foreign country
for apprehending and recovering a seaman who deserts in
that country from a Guyana ship, the Minister may, by order,
declare that this section shall apply in the case of such foreign
country subject to any limitations, conditions and
qualifications contained in the Order.
(2) Where a seaman or apprentice deserts in
Guyana a ship registered in a country to which this section
applies, the master of the ship may apply to a court for
assistance in apprehending the deserter, and the court and its
officers shall give all assistance within their power, and for
that purpose the court may, on information given on oath,
issue a warrant for the deserter to be conveyed on board the
ship, or delivered to the master or mate of the ship or to the
owner of the ship or his agent to be so conveyed.
180. Whenever a question arises as to whether the
wages of a seaman or apprentice are forfeited under this part
for desertion from a Guyana ship, it shall be sufficient for the
person attempting to enforce the forfeiture to show that –
(a) the seaman or apprentice was duly
engaged in or belonged to the ship;
(b) he left the ship before the completion
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Application of
forfeiture.

Question of
forfeiture
decided in suit
for wages.

Deduction of
fine from
wages.
of the voyage or engagement; and
(c) an entry of his desertion was duly
made in the official log book,
and the desertion shall thereupon be deemed to be proved so
far as it relates to any forfeiture of wages under this Part,
unless the seaman or apprentice can produce a proper
certificate of discharge or can otherwise show to the
satisfaction of the court that he had sufficient reasons for
leaving his ship.
181. (1) Where any wages or effects are forfeited
under this Part for desertion from a ship, the effects may be
sold, and the wages or effects or the money arising from sale
of the effects shall be applied towards reimbursing the
expenses caused by the desertion to the master or owner of
the ship, and any balance remaining shall be paid to the
Registrar of Seamen.
(2) Where any wages are forfeited under this Part
for any cause other than desertion, the forfeiture shall, in the
absence of any specific provision to the contrary, be in favour
of the master or owner by whom the wages are payable.
182. Any question concerning the forfeiture of or
deductions from the wages of a seaman or apprentice under
this Part, may be determined in any proceedings instituted
with respect to those wages, notwithstanding that the seaman
or apprentice has not been prosecuted for the offence that
gives rise to the question.
183. A fine imposed on a seaman for any act of
misconduct for which his agreement imposes the fine, shall be
subject to the following –
(a) on the offender being discharged, and
the offence and the entry in the
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Persuading
seaman to
desert, and
harbouring
deserter.

Penalty on
stowaways.

official log book required by this Act
to be made in respect thereof being
proved to the satisfaction of the
Registrar of Seamen or proper officer,
the master or owner shall deduct the
fine from the wages of the offender;
and the fine so deducted shall be paid
to the Registrar and if the master or
owner of the ship fails without
reasonable cause so to pay the fine he
is guilty of an offence;
(b) an act of misconduct for which a fine
is imposed and paid by or deducted
from the wages of the seaman shall
not be otherwise punished under this
Act.
184. Where a person by any means whatever
persuades a seaman or an apprentice to neglect or refuse to
join or proceed to sea in his ship, or to desert his ship, or
otherwise to absent himself from his duty, he is guilty of an
offence, and is liable to a fine of ten thousand dollars.
185. (1) Where a person secretes himself and goes to
sea in a ship without the consent of either the owner, master,
or a mate or of the person in charge of the ship or of any other
person entitled to give that consent, he is guilty of an offence
and is liable to a fine of five thousand dollars and to
imprisonment for three months.
(2) Every person who goes to sea in a ship without
a consent mentioned in subsection (1) shall, so long as he
remains in the ship, be deemed to belong to the ship, and be
subject to the same laws for preserving discipline, and to the
same fines and punishments for offences constituting or
encouraging a breach of discipline, as if he were a member of
the crew and had signed the crew agreement.
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Trade disputes
involving
seamen.

Offences to be
entered in
official log
book.
186. (1) Notwithstanding anything in any agreement,
a seaman employed in a Guyana ship may terminate his
employment in that ship by leaving the ship in contemplation
or 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
a notice; but such a notice shall be of no effect unless at the
time it is given the ship is in Guyana and securely moored in
a safe berth.
(2) In this section "trade dispute" means any
dispute between employers and seamen, or between seamen
and seamen which is or connected with the employment or
non-employment or the terms of employment or with the
conditions of labour, of any person.
187.Where on or in respect of a Guyana ship –
(a) an offence is committed under section
174 or 175; or
(b) an act of misconduct is committed for
which the agreement of the person
committing it provides for a fine, and
it is intended to enforce the fine –
(i) an entry of the offence or
act shall be made in the
official log book and
signed by the master and
also by an officer or one
of the crew;
(ii) the offender, if still in the
ship, shall, before the
next subsequent arrival
of the ship at any port; or
if it is at the time in port,
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Repatriation of
seaman.
before its departure from
port, 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;
(iii) a statement that a copy of
the entry was so
furnished or that the
entry was so read over,
and in either case the
reply, if any, then made
by the offender, shall
likewise be entered and
signed in the manner
aforesaid; and
(iv) in any subsequent legal
proceedings, the entries
made under this section,
shall, if practicable, be
produced or proved, and
if they are not the court
hearing the case may in
its discretion refuse to
receive evidence on the
offence or act of
misconduct.
RELIEF AND REPATRIATION
188. (1) Except as otherwise provided in this Act, it is
an implied term of every agreement entered into for the
employment of a seaman in a Guyana ship that, where the
agreement terminates at a port other than the port of
engagement, the seaman will be returned to a proper return
port at the expense of the master or owner of the, ship.
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Seaman to bear
expenses of
repatriation in
certain cases.
(2) The owner, master or agent of the ship shall
make such arrangements as are necessary to defray all
expenses incurred for the return of a seaman pursuant to
subsection (1).
(3) The responsibility of the owner, master or agent
under this section includes an obligation –
(a) to pay the cost of maintenance and
medical treatment that is necessary
for the seaman until his arrival at his
proper return port; and
(b) to ensure that the seaman does not
become a charge upon the state.
(4) Subsection (1) applies whether an agreement
terminates –
(a) by effluxion of time;
(b) by an act of the parties;
(c) by shipwreck
(d) by sale of ship
(e) by the inability of the seaman to
proceed in the ship by reason of
sickness or injury; or
(f) by any other cause.
189. (1) A seaman who has been left behind or
discharged from his ship as a result of his –
(a) desertion;

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Duty of
registrar.


(b) imprisonment; or
(c) inability to proceed to his ship
because of an illness or infirmity that
was wilfully concealed at the time of
his engagement,
is not entitled to be returned at the expense of the master or
owner under section 188.
(2) The owner, master or agent of the ship from
which a seaman mentioned in subsection (1) has been left
behind or discharged, shall make all arrangements necessary
to defray all expenses incurred for the return of the seaman to
a proper return port as if the seaman were entitled thereto.
(3) An owner, master or agent may be reimbursed
for any expenses incurred pursuant to, subsection (2) out of
any wages owing to the seaman at the time he left the ship or
out of the proceeds from the sale of any of his effects left on
board the ship.
(4) Notwithstanding subsection (1) or (3), the
owner, master or agent shall ensure that the seaman does not
become a charge upon the state.
190. (1) Where a seaman is to be left behind or
discharged from his ship at a port other than his port of
engagement, the Registrar of Seamen or proper officer may
demand from the owner, master or agent, a guarantee for the
proper discharge of any obligations imposed by section 188 or
189.
(2) Where a guarantee required under this section is
refused the Registrar of Seamen or proper officer may
withhold his consent to the discharge of the seaman
concerned.

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Effect of
workman’s
compensation.


Application to
foreign vessels.

Wages and
effects of
seaman left
behind.
191. Where a seaman is eligible to receive and receives
medical aid or periodical payments at the expense of his
employer under the terms of any enactment providing for
compensation to injured or sick workers, the receipt thereof –
(a) removes any right of the seaman to
receive medical treatment under
section 188, to the extent that he
receives that medical aid; and
(b) removes any right of the seaman to
receive maintenance under section
188, to the extent and for so long as he
receives the periodical payments.
192. Sections 188 to 191 inclusive apply in respect of a
foreign vessel that engages a seaman or apprentice in
Guyana; and ‚owner" in such a case includes any person
appointed or nominated by the owner, or the charterer if the
vessels is on demise charter, to act as his agent and who was
so acting at the time the seaman or apprentice was engaged.
193. (1) Where a seaman belonging to a Guyana ship
is left at a place other than a proper return port, the master of
the ship shall, subject to this subject to this section and as
soon as practicable, enter in the official log book a statement
of the effects left on board by the seaman and an account of
wages due to him at the time when he was left behind.
(2) On the termination of the voyage during which
the seaman was left behind, the master shall furnish to the
Registrar of Seamen or proper officer, within forty- eight
hours after the arrival of the ship at the port at which the
voyage terminates, a delivery account and a retention
account.
(3) The master shall, if required by the Registrar of
Seamen or proper officer, furnish such vouchers as may be
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reasonably required to verify the delivery and retention
accounts.
(4) The master of a ship shall deliver to the
Registrar of Seamen or proper officer, if he will receive them,
the effects of a seaman as shown in a delivery account and,
subject to any reimbursement allowed under subsection (5),
the amount due on account of wages as shown in that
account, and the Registrar or proper officer shall give to the
master a receipt for any effects or amount so delivered.
(5) The master of a ship is entitled to retain out of
the wages any sums shown in a retention account that appear
to the Registrar of Seamen or proper officer to be owing or
payable to the master of the ship and for that purpose the
Registrar or proper officer shall allow those sums to be
retained by the master out of the amount due on account of
wages shown in the delivery account and, so far as that
amount is not sufficient, to be raised and paid to the master
out of the effects.
(6) Before allowing any sum to be retained or to be
raised and paid, the Registrar of Seamen or proper officer
may be require that evidence be provided by statutory
declaration or otherwise that the sums are owing or payable
to the master of the ship.
(7) The Registrar of Seamen or proper officer shall
deliver the remainder of the wages and effects to such person
at such time and in such manner as may be prescribed, and
shall render such accounts in respect thereof as the Minister
may direct.
(8) In this section –
(a) ‚delivery account‛ means an account
of the effects and wages of a seaman
left behind or owing at the time a
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Liability of
master.

Liability of
Government.
seaman leaves or is discharged from
the ship; and
(b) ‚retention account‛ means an account
of any expenses caused to the master
or owner of a ship by the absence of a
seaman from the ship due to his
desertion, neglect to join his ship, or
conduct constituting an offence under
section 174 or 175, including, in the
case of a seaman who is not entitled to
be repatriated at the expense of the
master or owner of the ship any
provision made for the return of the
seaman to a proper return port.
194. The master of a Guyana ship is not liable for any
loss of effects or for any damage to the effects of a seaman left
behind or discharged at a port other than his proper return
port, if the master proves to the Registrar of Seamen or proper
officer that the loss or damage occurred without the master's
neglect or consent after the seaman left his ship.
195. (1) The Government is not liable with respect to
anything done under section 193 except that, if after the
wages or effects of a seaman have been dealt with under
section 193 any legal proceedings are instituted by the seaman
against the owner, master or agent of the ship, or by the
master or owner of the ship against the seaman, in respect of
those wages, the Minister shall if notice is given to him of the
proceedings and a reasonable opportunity afforded him of
appearing, comply with any order of the court made with
respect to the wages or effects so far as he can do so out of the
wages and effects remitted to him in respect of the voyage of
the ship.
(2) The Minister is entitled to appear and be heard
in any proceedings referred to in subsection (1).
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Payment to
Government.

Non-
application of
section 193.
(3) The Minister may, if and so far as he thinks fit,
meet any claim by a seaman against the owner, master or
agent of the ship in respect of any wages or effects dealt with
under section 193 although legal proceedings are not actually
taken in respect thereof, if the Minister has given notice to the
master or owner of the ship and the master or owner of the
ship has not given written notice of objection within ten days
of the notice being given, and any expense incurred by the
Minister under this subsection is recoverable by the state as a
civil debt.
(4) For the purpose of this section, any legal
proceedings or any claim made by a person in whose favour
an allotment note has been made are to be treated as
proceedings taken or claim made by the seaman.
196. (1) Any sums remitted under section 193 or
arising from the sale of effects under that section, and not
disposed of in accordance with that section, shall be retained
by the state.
(2) The master of a ship who, without reasonable
cause, contravenes section 193 is guilty of an offence without
prejudice to any other liability to which the ship might be
subject.
197. Section 193 does not apply in the case of an
absent seaman where –
(a) the master of a ship satisfies the
Registrar of Seamen or proper officer
that none of the effects of the seaman
have to his knowledge been left on
board the ship and that he has paid all
wages due to the seaman;
(b) the amount of wages earned by the
seaman, after taking into account any
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Sale of
seaman’s
effects.

Maintenance
and return of
seaman
involuntarily
deduction made in respect of
allotments or advances for which
provision is made by the crew
agreement, appears from the
agreement to be less than one
thousand dollars;
(c) the master of the ship satisfies the
Registrar or proper officer that the net
amount due to the seaman on account
of wages, after taking into account
any deductions lawfully made in
respect of allotments, advances or
otherwise, is less than one thousand
dollars; or
(d) the question of forfeiture of the wages
and effects of the seaman has been
dealt with in proceedings lawfully
instituted before the termination of
the voyage or within forty-eight hours
of the arrival of the ship at the port at
which the voyage terminates.
198. (1) The effects of a seaman described in section
193 may be sold by the Registrar of Seamen or proper officer
in such manner as he thinks fit when they are delivered to
him unless the Minister directs to the contrary.
(2) Where the effects are not sold pursuant to
subsection (1), they may be sold by the Minister as and when
he thinks fit unless they are delivered to the seaman.
(3) For the purposes of section 193 "effects"
includes the proceeds of any sale of the effects of a seaman.
199. (1) Where during the currency of his agreement
the service of a seaman belonging to a Guyana ship
terminates otherwise than by the consent of the seaman, the
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terminating
service.
master of the ship shall, in addition to –
(a) giving the seaman a certificate of
discharge required by this Act; and
(b) paying to the seaman the wages to
which he is entitled,
make adequate provision in accordance with this Act for
maintenance and return of the seaman to a proper return
port; and the master shall record the details of these
provisions in the official log book.
(2) Where a master fails without reasonable cause
to comply with subsection (1), the expenses of maintenance
and of the journey to the proper return port –
(a) if defrayed by the seaman, are
recoverable as wages due to him; and
(b) if defrayed by the Registrar of Seamen
or proper officer or any other person,
are a charge upon the ship to which
the seaman belonged.
(3) A charge upon a ship under subsection (2) (b)
may also be recovered –
(a) from the person who is the owner of
the ship for the time being;
(b) if the ship has been lost from the
person who was the owner of the ship
at the time of the loss;
(c) if the ship has been transferred to
some person, from the owner for the
time being; or
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Discharge on
change of
ownership.
Certificate
when seaman
left behind.

Offences.
(d) from the person who was the owner
of the ship at the time of the transfer,
at the suit of the Registrar of Seamen or proper officer or
other persons defraying the expenses, or, if the expenses, have
been defrayed out of public moneys, as a debt due state.
200. (1) Where a Guyana ship is transferred or
disposed of, any seaman belonging to that ship shall be
discharged unless he consents in writing to complete the
voyage of the ship if it is continued.
(2) Where a seaman is discharged under this
section the provisions of this Part relating to the certificate of
discharge and the return of the seaman to a proper return
port apply as if his service had terminated otherwise than by
his consent to be discharged during the currency of the
agreement.
201. (1) The master of a Guyana ship shall not leave a
seaman behind at any foreign port or place except when the
seaman is discharged in accordance with this Act, unless the
master has had the certificate of the Registrar of Seamen or
proper officer endorsed on the crew agreement certifying the
cause of the seaman being left behind; and, the cause is
unfitness or inability to proceed to sea, desertion,
disappearance or otherwise.
(2) The Registrar of Seamen or proper officer to
whom an application is made for a certificate under this
section may examine the grounds on which a seaman is to be
left behind and, for that purpose, may, if he thinks fit,
administer oaths and grant or refuse the certificate as he
thinks just, but a certificate may not be unreasonably
withheld.
202. (1) Where the master of the ship fails to comply
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Account of
wages of
seaman left
behind.
Payment of
seaman’s
wages to
proper officer.

with section 199, 200, or 201 he is, without limiting his
liability under any other provision of this Act, guilty of an
offence and is liable to a fine of ten thousand dollars.
(2) In a prosecution for an offence under section
201 the onus of proving that the certificate was obtained or
could not be obtained without reasonable delay to the ship or
was unreasonably withheld is upon the master of the ship.
203. (1) Where the master of a Guyana ship leaves a
seaman behind at any foreign port or place on the ground of
his unfitness or inability to proceed to sea, the master shall
deliver to the person signing the certificate required by
section 201 a full and true account of the wages due to the
seaman; and, if that person is the proper officer, the master
shall deliver the account induplicate.
(2) A master who fails without reasonable cause to
deliver the account required under subsection (1) is guilty of
an offence and is liable to a fine of thirty thousand dollars.
204. (1) The master shall pay to the proper officer the
wages due to a seaman left behind on the ground of his
unfitness or inability to proceed to sea, if such officer will
receive the wages.
(2) Where a payment is made under this section,
the proper officer, if satisfied with the account, shall furnish a
receipt for the payment.
(3) A payment under this section shall be made,
whenever practicable, in cash, and where not so practicable,
by bank draft.
(4) A master who fails without reasonable cause to
pay wages as provided by this section is guilty of an offence
and is liable to a fine of thirty thousand dollars.

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Application of
wages of
seaman left
Relief of
distressed
seaman.
205. Where the wages due to a seaman left behind
on the ground of his unfitness or inability to proceed to sea
are paid to and accepted by the Registrar of Seamen or proper
officer, that officer shall deal with them in the following
manner –
(a) where the seaman subsequently
obtains employment at or leaves the
port at which the payment has been
made, the officer shall obtain out of
the money any expenses such as the
owner or master is by this Act
required to defray, and pay the
remainder to the seaman and deliver
to him an account of the money
received and expended on his behalf,
(b) where the seaman dies before his ship
leaves port, the officer shall deal with
the money as part of the property of a
deceased seaman; and
(c) where the seaman is sent to a proper
return port at public expense under
this Act, the officer shall account for
the money to the Minister, and after
retaining any expenses duly incurred
in respect of the seaman except such
expenses as the owner, master or
agent of the ship is required by this
Act to defray, the money shall be
dealt with as wages of the seaman.
206. (1) Where a seaman –
(a) is found in any place outside Guyana
after having been shipwrecked from
a Guyana ship; or
behind.
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Repayment of
relief and
return
expenses.
(b) by reason of having been discharged
or left behind from a Guyana ship in
any place outside Guyana is in
distress in that place,
the Registrar of Seamen or proper officer may provide relief
to that seaman in accordance with this Act.
(2) Relief is provided to the seaman when
provision is made –
(a) for the return of the seaman at the
expense of the Government, to a
proper return port and also for his
necessary clothing and maintenance
until his departure for such a port;
(b) in the case of death, for funeral
expenses; and
(c) in addition, in the case of a
his conveyance to port after his
shipwreck and his maintenance while
being so conveyed.
(3) A seaman for whom relief is provided under
subsection (1)(a) is included within the expression "distressed
seaman" in this Act.
207. (1) Where any expenses are incurred by a
consular officer on behalf of the Government under section
206 or are incurred by the government of a foreign country
and are to be paid to, such foreign country by the
Government the Minister may pay to the consular officer or
foreign government the amount of the expenses out of any
moneys available for the purpose or out of any money
repayment of any expenses incurred in
shipwrecked seaman, for the
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Forcing ashore.

Proper return
port.
appropriated for that purpose by the National Assembly.
(2) All monies paid by the Minister under
subsection (1) together with the wages, if any, due to a
distressed seaman, is a charge upon the ship to which the
seaman belonged, and is a debt due to the Government –
(a) from the owner, master or agent of
the ship at the time of the loss;
(b) where the ship has been transferred,
either from the owner for the time
being or from the person who was the
owner of the ship at the time of the
transfer;
(c) and where the ship is a foreign ship,
from the person, who engaged the
seaman for service in the ship.
(3) A debt under this section, in addition to any
fines and consular fees incurred, may be recovered by the
Minister on behalf of the Government by ordinary process of
law in the manner in which wages are recoverable by the
seaman.
(4) In any proceedings for recovery of a debt under
this section, the production of an official account of the
expenses incurred in accordance with this Act, and proof of
payment of the expenses by or on behalf of the Government is
prima facie proof that the expenses were incurred or repaid
under this Act by or on behalf of the Government of Guyana.
208. A person is guilty of an offence who, being the
master or crew of a Guyana ship, wrongfully forces a seaman
ashore and leaves him behind, or otherwise causes a seaman
to be wrongfully left behind at any place.
209. For the purposes of this Part, a proper return port
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Manner of
return.
is either –
(a) the port at which a seaman was
shipped or engaged;
(b) a port in the country to which he
belonged; or
(c) in the case of a discharged seaman,
some other port agreed to by the
seaman at the time of his discharge.
210. (1) A seaman may be sent to a proper return port
by any reasonable route.
(2) Provision may be made for the return of a seaman
either by –
(a) providing him with suitable
employment on board a ship that is
proceeding to a proper return port
and that is in need of seamen to make
up its complement; or
(b) providing the seaman with a passage
in any ship or aircraft or in other
public transport and by providing for
his maintenance during the journey.
(3) Where the master of a ship is required under
this Part to provide for the return of a discharged seaman to a
proper return port, the master may, instead of providing the
seaman's passage or the expenses of his journey, deposit with
a proper officer such sum as the proper officer considers
sufficient to defray the expenses of the return of the seaman to
a proper return port.
(4) Where a seaman is repatriated as a member of a
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Return of
seaman to
proper return
port.

Minister may
provide
temporary
relief.
crew, he is entitled to the appropriate remuneration for work
done during the voyage.
211. (1) When any question arises as to what return
port a seaman is to be sent, or as to the route by which he
should be sent, the question shall be decided by the Registrar
of Seamen or proper officer.
(2) In deciding the question of a seaman's return
port, the Registrar of Seamen or proper officer shall have
regard both –
(a) to the convenience of the seaman and
to the expense involved; and
(b) to the fact that a ship is in need of
seamen to make up its complement
and is about to proceed to a proper
return port or to a port in the vicinity
thereof, if such is the case.
(3) Nothing in this section relieves the owner from
the obligation and expense of returning the seaman to his
proper return port.
212. (1) The Minister may, whenever he deems it
necessary, spend money on the temporary relief in such
manner as he thinks advisable, of a shipwrecked, destitute or
otherwise distressed seaman –
(a) not otherwise entitled to relief under
this Act or under the laws of the
country to which his ship belongs;
(b) who is a citizen of Guyana employed
on a foreign vessel and discharged or
left behind in a foreign country.

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Unauthorised
presence on
board ship.
Official log
book.
(2) Any expenses incurred for a shipwrecked,
destitute or otherwise distressed seaman under this section,
shall be repaid to the Minister by the owner, master or agent
of the vessel to which the distressed seamen belonged and
may be recovered by the Minister on behalf of the country in
the same manner as expenses incurred outside Guyana for
distressed seamen of Guyana ships are recoverable.
213. Where a ship registered in Guyana or any other
country is in a port in Guyana and a person who is neither a
public officer nor authorized by law to do so –
consent of the master thereof or of any
other person authorized to give
consent; or
(b) remains on board the ship after being
requested to leave by the master, a
marine officer, a police officer or an
officer of customs,
such person shall be guilty of an offence and on conviction
thereof shall be liable to a fine not exceeding ten thousand
dollars.
PART VIII
SHIP'S LOG BOOKS
214. (1) An official log book in prescribed form shall
be kept in every Guyana ship of not less than two hundred
gross tons, and every Guyana ship trading from and beyond
the waters of Guyana.
(2) The Minister may make regulations prescribing
–
(a) the form of official log books;
(b) the particulars to be entered in official
(a) goes on board the ship without the
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log books;
(c) the persons by whom such entries are
to be made, signed or witnessed; and
(d) the procedure to be followed in the
making of such entries and in their
amendment or cancellation.
(3) The official log book may, at the discretion of
the master, be kept distinct from or combined with the
ordinary ship's log, but in all cases the spaces in the official
log book shall be duly filled with entries.
(4) Any entry required to be made in an official log
book –
(a) shall be made as soon as possible after
the occurrence to which it relates,
(b) if it is not made on the same day as
the occurrence it shall be made and
dated to show the dates of the
occurrence and the entry respecting
it;
(c) if it is made in respect of an
occurrence happening before the
arrival of the ship at her final port of
discharge, it shall not be made more
than twenty-four hours after that
arrival.
(5) Every entry in the official log book shall be
signed by the master and by an officer or some other member
of the crew, and if it is an entry of illness, injury or death, it
shall also be signed by the medical practitioner on board if
any.

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Entries in
official log
book.
(6) Every entry made in an official log book in the
manner provided by this Act is admissible in evidence to
prove the facts stated therein.
215. The master of a ship for which an official log
book is kept shall, subject to any regulations made under
section 214, enter or cause to be entered in the official log
book particulars of –
(a) every conviction by a court of a
member of his crew and the
punishment imposed;
(b) every offence committed by a member
of his crew for which it is intended to
prosecute or to make a forfeiture or to
impose a fine, together with the
statement concerning the furnishing
of a copy, or reading over, of the entry
and concerning the reply, if any,
made to the charge, as required by
this Act;
(c) every offence for which punishment is
imposed on board, and the
punishment imposed;
(d) the conduct, character and
qualifications of each member of his
crew or a statement that he declines to
give an opinion on these particulars;
(e) every case of illness or injury
happening to a member of the crew,
with the nature thereof and the
medical treatment given, if any;
(f) every refusal of a member of the crew
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Delivery of log
book to
Director.
to take antiscorbutics or medicines;
(g) every birth and death whenever
occurring;
(h) every marriage taking place on board,
with the names and ages of the
parties,
(i) the name of every seaman who ceases
to be a member of the crew otherwise
than by death, with the place, time,
manner and cause thereof,
(j) the wages due to any seaman who
dies during the voyage, and the gross
amount of all deductions to be made
from those wages;
(k) the sale of the effects of any seaman
who dies during the voyage, with a
statement of each article sold and the
sum received for it;
(1) every collision with any other ship
and the circumstances in which it
occurred;
(m) the date and the time of the display in
the ship of a notice containing
particulars of the ship's draught and
freeboard; and
(n) any matter directed by this Act to be
entered.
216. (1) The master or owner of every Guyana ship
which is required to carry an official log book under section
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Delivery of log
book where
ownership is
transferred or
ship is lost.

Offence in
respect of
official log
book.
214 shall, subject to subsection (2), deliver or transmit such
log book or books for the period covering the previous crew
agreement to the Director within seven days of the discharge
of the crew and the closing of such crew agreement.
(2) Where the crew of a Guyana ship referred to in
subsection (1) is engaged under a running agreement as
referred to in section 119 the master or owner shall deliver or
transmit the official log book to the Director within twenty-
one days of such log book being completed.
(3) A master or owner of a ship who fails without
reasonable cause to comply with this section is guilty of an
offence.
217. (1) Where, by reason of transfer of ownership or
change of employment of a ship, the official log book ceases
to be required in respect of the ship, the master or owner of
the ship shall, if the ship is then in a Guyana port within one
month or if she is elsewhere, within six months after such
cessation, deliver or transmit to the Director the official log
book and the agreement with the crew duly made out to the
time of the cessation.
(2) 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 log book duly
made out to the time of the loss or abandonment.
(3) The owner or master of a ship who fails,
without reasonable cause, to comply with this section is guilty
of an offence.
218. (1) If an official log book is not kept in the
manner required by this Act or if any entry directed by this
Act to be made therein is not made at the time and in the
manner directed by this Act, the master of the ship is guilty of
an offence and, except as otherwise expressly provided in this
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Ordinary ship’s
log.


Returns of crew
lists.

Act in respect thereof, is liable to a fine of thirty thousand
dollars.
(2) Any person who makes, procures to be made,
or assists in making an entry in an official log book in respect
of any occurrence happening before the arrival of the ship at
its final port of discharge of the crew, more than twenty -four
hours after that arrival, is guilty of an offence and is liable to a
fine of fifteen thousand dollars.
(3) Any person who wilfully destroys, mutilates or
renders illegible an entry in an official log book, or wilfully
makes, procures to be made or assists in making a false or
fraudulent entry in, or omission from, an official log book is
guilty of an offence.
219. (1)All Guyana ships shall carry on board an
ordinary ship's log within which shall be recorded the daily
activities of the ship and such other particulars as may be
prescribed.
(2) The ordinary ship's log shall comprise a deck
log and engine room, log where appropriate.
(3) Where a ship is not required by this Act to carry
an official log book, or where it is not practicable for a ship to
produce the official log book, the ordinary log book of the
ship shall be admissible in evidence.
220. (1) Every master of a Guyana ship of not less than
two hundred gross tons shall make out and sign a list of the
crew of the ship in the prescribed form containing the
following particulars –
(a) the number and date of the ship's
register and its net tonnage;
(b) the length and general nature of the
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voyage or employment;
(c) the names, ages and places of birth of
all the crew, their ratings on board,
their last ships or other employment
and the dates and places of their last
ships or other employment and the
dates and places of their joining the
ship;
(d) the names of any of the crew who
have ceased to belong to the ship,
with the times, places, causes and
circumstances thereof;
(e) the names of any members of the
crew who have been maimed or hurt,
with the time, place, cause and
circumstances thereof;
(f) the wages due at the time of death of
any of the crew who have died;
(g) particulars of the property belonging
to any of the crew who have died,
with a statement of the manner in
which the property has been dealt
with, and the money for which any
part of it has been sold; and
(h) details of any marriage that has taken
place on board, with the date thereof
and the names and ages of the parties.
(2) The list of the crew –
(a) in the case of ships trading exclusively
within the waters of Guyana or
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Returns of
births and
deaths in
Guyana ships.
between Caricom ports shall be
delivered or transmitted by the
master or owner to the Director not
later than twenty-one days after the
30th day of June and the 31st day of
December in each year; and
(b) in the case of ships other than those
referred to in paragraph (a) shall be
delivered or transmitted by the
master to the owner of the ship who
shall retain the list for a period of
seven years after receipt and who
shall produce the same on demand
made therefor by the Director or other
proper officer –
(i) within forty-eight hours
after the arrival of the
ship at its final port of
destination in Guyana; or
(ii) upon the discharge of the
crew, whichever first
happens.
(3) Where a Guyana ship is lost or abandoned, the
ship's master or owner shall, if practicable and as soon as
possible, deliver to the Director the list of the crew duly made
out to the time of the loss or abandonment.
(4) For the avoidance of doubt, ‚crew‛ in this
section includes the master and apprentices.
221. (1) The master of a Guyana ship, upon the ship's
arrival at a port or at such other time and place as the Director
may, with respect to any ships or class of ships direct shall
deliver to the Director or proper officer, in the prescribed
form, a return of the facts relating to births and deaths which
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Returns of
births and
deaths of
Guyana
citizens in
foreign ships.

Returns to be
sent to
Registrar of
Births and
Deaths-
penalties of
Master.

Collision
Regulations.
the master is required by section 215 to record.
(2) In respect of any death recorded pursuant to
subsection (1) the master shall notify such death to such
person, as the deceased may have named as his next-of-kin.
(3) When the return is made elsewhere than
Guyana the proper officer shall send a certified copy of the
return to the Director.
222. The master of any ship not registered in Guyana,
which calls at a port shall, upon arrival at such port make a
return of births and deaths of citizens of Guyana occurring in
any such ship to the Director.
223. (1) The Director shall cause information
contained in any return referred to in section 221 or 222 to be
sent to the Registrar of Births and Deaths.
(2) The master of any ship who fails to comply
with any requirement of section 221 or 222 is guilty of an
offence and upon summary conviction is liable to a fine of ten
thousand dollars.
PART IX
PREVENTION OF COLLISIONS AND NAVIGATIONAL
SAFETY

224. The Minister may make regulations, hereinafter
referred to as "collision regulations"-
(a) for the prevention of collisions at sea,
(b) respecting the lights to be carried and
exhibited;
(c) respecting the steering and sailing
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Guyana ships
to observe
collision
regulations.

Foreign ships
in Guyana
waters.

Collision
liability.
rules to be observed by ships,
and in making such regulations shall have regard to any
international convention or treaty for the time being in force
for the prevention of collisions at sea.
225. (1) All owners and masters of Guyana ships shall
obey the collision regulations and shall not carry or exhibit
any other lights or use any other fog signals than such as are
prescribed by those regulations.
(2) If an infringement of the collision regulations is
caused by the wilful default of the master or owner of a ship
he shall be guilty of an offence and on conviction thereof shall
be liable to a fine not exceeding thirty thousand dollars.
(3) Subsections (1) and (2) shall apply to the
owners and pilots of seaplanes on the surface of water as they
apply to the owners and masters of ships.
226. The collision regulations shall be observed by all
ships and seaplanes of foreign registry within Guyana's
waters, and in any case before a court in Guyana concerning a
breach of the collision regulations arising within Guyana's
waters, foreign ships and seaplanes shall be treated as if they
were ships and seaplanes registered in Guyana.
227. (1) Liability for collision damage including
damage to vessels, their cargoes, the effects or other property
of the crew, passengers or other persons on board, or to third
parties shall be based on the degree of fault of each ship
involved in a collision.
(2) Where it is not possible to determine the degree
of fault of each vessel, or if it appears that the faults are equal,
liability shall be apportioned equally.

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(3) There shall be no presumption of fault against a
ship for a contravention of the collision regulations without
proof of fault or negligence.
(4) If the collision is accidental or caused by force
majeure, or if the cause is left in doubt, the damages shall be
borne by those who have suffered them, notwithstanding that
the vessels, or any one of them, may have been at anchor, or
was otherwise made fast, at the time of the casualty.
(5) If the collision is caused by the fault of one of
the vessels liability to make good the damages shall attach to
the one which has committed the fault.
(6) In respect of damages caused by death or
personal injuries, the vessels in fault shall be jointly and
severally liable to third parties, without prejudice, however,
to the right of the vessel which has paid a larger part than that
which, in accordance with the provisions of subsections (1)
and (2), she ought ultimately to bear and to obtain a
contribution from the other vessel or vessels at fault.
(7) Collision liability shall attach in accordance
with this section in cases where the collision may be caused
by the fault of a pilot whether or not the pilot is required, by
law.
(8) The right of action for the recovery of damages
resulting from a collision is not conditional upon the entering
of a protest or the fulfilment of any other special formality.
(9) Where no collision has actually taken place,
liability for damage caused to the vessels involved in the
incident, or to goods or persons on board the vessels resulting
from the execution or non-execution of a manoeuvre or a
contravention of the collision regulations shall be determined
in accordance with this section.

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Inspection to
enforce
compliance
with collision
regulations.

Duty to render
assistance
following
collision.

228. A surveyor of ships or any other marine officer
may inspect a ship of any nationality in a port of Guyana to
determine whether the ship is properly provided with lights
and shapes and the means of making sound signals as
required by the collision regulations; and if the surveyor or
other marine officer finds that the ship is not so provided, he
shall specify in writing the action required to rectify the
deficiency and shall detain the ship until such deficiency is
rectified to his satisfaction.
229. (1) After a collision between ships, the master of
each ship shall, if and so far as he can do so without damage
to his own ship, crew and passengers, if any –
(a) make his best efforts to give to the
other ship, the master, crew and
passengers, if any, thereof such
assistance as may be practicable and
as may be necessary to save them
from any danger caused by the
collision;
(b) stand by the other ship, until he has
ascertained that such ship has no need
for further assistance;
(c) give the master of the other ship the
name and port of registry of his ship,
and the names of the ports from
which his ship sailed and to which his
ship is bound.
(2) If the master of a ship fails, without reasonable
cause, to comply with any provision of subsection (1), he shall
be guilty of an offence and on conviction thereof shall be
liable to imprisonment for a term not exceeding two years
and to a fine not exceeding twenty-five thousand dollars.

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Obligation to
notify hazards
of navigation.

Master to
proceed
moderately in
danger area.

Obligation to
assist ships in
distress.
230. (1) The master of any Guyana ship upon
encountering dangerous ice, a dangerous derelict, a tropical
storm or any other direct danger to navigation shall send
information accordingly by any means of communication at
his disposal and in accordance with the regulations to all
ships in the vicinity or to such authorities ashore as may be
prescribed.
(2) Every person in charge of a radio station in
Guyana or on board any Guyana ship, shall, on receiving the
signal prescribed in the regulations for indicating that a
message is about to be sent under this section, refrain from
sending messages for a time sufficient to allow other stations
to receive the message, and if so required by regulations
made under subsection (1) shall transmit the message in the
prescribed manner.
(3) For the purposes of this section, a "tropical
storm" means a hurricane, typhoon, cyclone or other storm of
a similar nature, and a master of a ship shall be deemed to
have encountered a tropical storm if he has reason to believe
that there is such a storm in the vicinity.
(4) A transmission of messages in pursuance of this
section shall be without charge.
231. (1) The master of a Guyana ship, when ice is
reported on or near his course, shall at night either proceed at
a safe speed adapted to the prevailing circumstances or
change his course so as to keep amply clear of the ice reported
and of the area of danger.
(2) The master of a ship who fails to comply with
this section is guilty of an offence and is liable to a fine of
fifteen thousand dollars.
232. (1) The master of a Guyana ship on receiving at
sea a signal from any source that a ship or aircraft or survival
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Right to
requisition
ships when in
distress.
craft thereof is in distress, shall go with all speed to the
assistance of the persons in distress, informing them if
possible that he is doing so, and if –
(a) he is unable to do so; or
(b) in the special circumstances of the
case he considers it unreasonable or
unnecessary to proceed to their
assistance,

he shall enter in the log of the ship the reason for failing to
proceed to the assistance of the persons in distress.
(2) The master of a ship shall be released from the
obligation imposed by subsection (1) when he learns that one
or more ships, other than his own, have been requisitioned
under section 233 and are complying with the requisition.
(3) If a master fails to comply with the provisions
of this section he shall be guilty of an offence and on
conviction thereof shall be liable to a fine not exceeding
twenty-five thousand dollars.
233. (1) The master of a ship in distress, after
consultation, so far as may be possible, with the masters of the
ships which answer his call for assistance, has the right to
requisition one or more of those ships as he considers best
able to render assistance, and it shall be the duty of the master
or masters of the ships requisitioned to comply with the
requisition by going with all speed to the assistance of
persons in distress.
(2) The master of a ship shall be released from the
obligation imposed by subsection (1) of section 232 and, if his
ship has been requisitioned, from the obligation imposed by
subsection (1), if he is informed by the persons in distress or
by the master of another ship which has reached such persons
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Obligation to
assist persons
in danger at
sea.

Salvage rights
not affected.
Regulations for
signals of
distress.
that assistance is no longer necessary.
234. (1) The master of a ship shall, so far as he can do
so without serious danger to his own ship, render assistance
to every person, including an enemy, who is found at sea in
danger of being lost.
(2) If the master of a ship fails to comply with the
provisions of subsection (1), he shall be guilty of an offence
and on conviction thereof shall be liable to imprisonment for
a term not exceeding two years, to a fine not exceeding ten
thousand dollars.
235. Compliance by a master with any of the
provisions of this Part shall not affect his right or that of any
other person to salvage.
236. (1) The Minister may make regulations relating to
signals of distress and urgency and the signals prescribed by
the regulations shall be deemed to be signals of distress and
urgency.
(2) Where a master of a ship uses or displays or
causes or permits any person under his authority to use or
display –
(a) any signal except in circumstances
and for the purposes prescribed, and
(b) any signal that is liable to be mistaken
for any prescribed signal,
he is guilty of an offence and, in addition to any penalty
imposed upon him on conviction, he is liable to pay
compensation for any labour undertaken, risk incurred or loss
sustained in consequence of the signal having been supposed
to be a signal of distress or urgency; and such compensation
may, without prejudice to any other remedy, be recovered in
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Reports of
accidents to
ships.
the same manner in which salvage is recoverable.
(3) Where the master who contravenes subsection
(2) is an officer certificated or licensed under this Act, he shall
be subject to an enquiry into his conduct as provided in
section 108.
237. (1) When a ship –
(a) has sustained or caused any accident
occasioning loss of life or any serious
injury to any person; or
(b) has sustained any material damage
affecting her sea-worthiness or her
efficiency, either in her hull or in any
part of her machinery,
the owner or master thereof shall, within twenty-four hours
after the happening of the accident or causing of the damage
or as soon as possible thereafter, transmit to a Marine officer
the ship in a port, or otherwise to the Director, a report of the
accident or damage.
(2) Every report of accident or damage to a ship
made under subsection(1) shall be signed by the owner or
master of the ship, and shall state –
(a) the name of the ship, the port which
the ship belongs, the official number,
if any, of the ship and the place where
the ship is located;
(b) the circumstances in which the
accident or damage occurred; and
(c) the probable cause of the accident or
damage.
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Apprehended
loss of ship.
(3) If the managing owner, or in the event of there
being no managing owner or no such owner resident in
Guyana, 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 received any such damage as is
mentioned in subsection (1), he shall satisfy himself that the
accident or damage has been reported to the Director by the
master; and, where any such managing owner or agent has
reason to believe that the accident or damage has not been so
reported, he shall as soon as possible, send to the Director
notice in writing stating the name of the ship, its official
number, and its Port of Registry or the port to which it
belongs, and stating to the best of his knowledge and belief,
the nature and extent of the accident or damage, the probable
cause thereof and the location of the ship.
(4) The master or managing owner or agent who
fails, without reasonable cause to comply with this section is
guilty of an offence and is liable to a fine of ten thousand
dollars.
(5) This section applies to all Guyana ships and to
all foreign ships carrying passengers between places in
Guyana.
238. (1) If the managing owner or agent of any
Guyana ship has reason, owing to the non-appearance of the
ship or to any other circumstance, to believe that the ship has
been wholly lost, he shall cause a reasonable search to be
made for the ship and shall, as soon as conveniently may be,
send to the Director a notice in writing signed by him and
stating –
(a) the name of the ship, the port to
which the ship belongs and the
official number, if any, of the ship,
and

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Record of boat
drill or fire drill
to be kept in
official log
book.

Notices to
mariners and
navigational
warnings.
(b) a report of the loss of the ship and the
circumstances and probable cause of
such loss.
(2) Any managing owner or agent of a ship who
fails without reasonable cause, to comply with this section
within a reasonable period from the time when he has reason
to believe such ship to have been lost, shall be guilty of an
offence and on conviction thereof shall be liable to a fine of
twenty-five thousand dollars.
239. (1) The master of every Guyana ship shall enter a
statement in the official log book of every occasion on which
life boat and fire drill is practised on board, and on which the
appliances and equipment required to be carried are
examined to see whether they are fit and ready for use, and of
the result of any such examination.
(2) Where in the case of a passenger ship, lifeboat
drill or fire drill was not practised in any week; in the case of
any other ship, lifeboat drill or fire drill was not practised in
any two weeks; in the case of any ship, the said appliances
and equipment were not examined in any such period as
prescribed, the master shall state the reasons thereof in the
official log book.
240. (1) The Director shall take appropriate steps to
inform the seafaring community and the public of any
developing or existing situation which may adversely affect
maritime safety.
(2) Such information may take the form of Notice
to Mariners and navigational warnings may be issued and
communicated by any means as the circumstances may
warrant.
(3) The Director may require the assistance of any
person in the communication of such information.
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Interpretation.

Establishment
and
management of
aids.

Nautical
publications.

AIDS TO NAVIGATION
241. In this Part, "aids to navigation" and "aids" mean
all light-houses, buoys, beacons, radio aids, or any other light,
signal or mark established to aid marine navigation and
include all buildings, moorings and other works associated
therewith.
242. (1) There shall be established in Guyana such aids
to navigation as may be necessary to facilitate the safe
navigation of ships within the waters of Guyana.
(2) No aid shall be established without the prior
authorization of the Director and unless it conforms to such
specifications as may be stipulated.
(3) No aid shall be discontinued or have its
fighting characteristics or any other distinguishing feature
altered, without the prior authorisation of the Director.
(4) The Director shall exercise general supervision
over all aids, and in particular, shall be responsible for
overseeing the establishment and maintenance of all aids;
ensure that all aids are established in compliance with the
stipulated conditions and specifications and are maintained in
working order; and bring to the attention of the public
information on changes to or deficiencies in any aid to
navigation.
243. (1) The Minister may cause the publication and
updating of aids to navigation and declare any other
publications to be approved nautical publications.
(2) In any legal proceedings, the production of an
approved nautical publication authenticated by the Minister
shall be prima facie evidence of the matters appearing therein.

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Prosecution of
offences
relating to aids.

Detention of
ships.
Fire and lights
detrimental to
navigation.
244.A person who –
(a) contravenes section 242;
(b) wilfully or negligently damages,
destroys or allows a ship to foul an
aid;
(c) wilfully or negligently does anything
which causes the view of an aid to be
obstructed in such a manner as to
lessen its efficiency;
(d) wilfully, negligently or without lawful
authority does anything which
interferes with an aid so as to hinder
the effective use of an aid;
(e) trespasses on or without lawful
excuse, is found in or on an aid, or
any land upon which an aid is
situated,
is guilty of an offence and, in addition to the expenses of
making good any damage so occasioned, is liable to a fine of
fifty thousand dollars.
245. Where a ship damages, destroys or fouls an aid,
the ship may be detained until the cost of repairing or
replacing the aid or rendering the aid effective again is paid.
246. (1) When a fire or light is burned or exhibited in
such a place or manner as to mislead persons navigating in
Guyana waters, the Director may, by written notice, require
the person placing or using the fire or light to screen, alter,
extinguish, or remove it within a reasonable time specified in
the notice.

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Characteristics
of aids.

Interpretation.
(2) Where a person to whom notice is given under
subsection (1) fails to comply with the notice within the time
stated therein, such person shall be guilty of an offence and
liable to a fine not exceeding twenty-five thousand dollars.
(3) The Director may cause to be extinguished any
fire or light in respect of which notice is given under this
section where the person to whom the notice has been given
fails to comply within the time specified therein.
(4) For the purpose of extinguishing false or
unauthorized lights, a marine officer may enter the place
where the fire or light is situated and forthwith extinguish the
same without causing unnecessary damage, and recover the
expense thereby incurred.
247. The Director may prescribe the system of lighting
and other characteristics, marks and features of navigational
aids and in doing so shall have due regard to the
International Association of Lighthouse Authorities
Harmonized Buoyage "System B", or any other international
system of buoyage which may replace it.
PART X
SAFETY OF LIFE AT SEA
248. In this Part –
"certificate" means a certificate issued in accordance with the
Safety Convention as defined therein;
"fishing vessel" means a vessel used for catching fish, whales,
seals, walrus or other living resources of the sea;
"short international voyage" means an international voyage –
(a) in the course of which a ship is not
more than 200 nautical miles from a
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port or place in which the passengers
and crew could be placed in safety,
and
(b) which does not exceed 600 nautical
miles in length between the last port
of call in the country where the
voyage begins and the final
destination,
no account being taken of any deviation by a ship from its
intended voyage due solely to stress of weather or any other
circumstances that neither the master nor the owner nor the
charterer, if any, of the ship could reasonably have prevented
or forestalled;
"Safety Convention" means the International Convention for
the Safety of Life at Sea, 1974 and its Protocol of 1978,
together with such amendments thereof or replacements
therefor as the Minister may, by Order declare to be in
effect in respect of Guyana;
"Safety Convention Certificate" means a certificate that is
required to be issued to a Safety Convention ship that
complies with the relevant provisions of the Safety
Convention and includes a safety certificate, safety
construction certificate, safety equipment certificate,
safety radio certificate, and any such certificate that is
limited, modified or restricted by an exemption
certificate;
"Safety Convention Country" means a country the
government of which has accepted the Safety Convention
and which has not denounced that Convention or a
territory of such country to which the Convention
extends and remains extended;
"surveyor" includes any person or organization, duly
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List of Safety
Convention
Countries.

Application of
Safety
Convention.

Regulations
relating to
safety at sea.

Ships in port
through stress
of weather, etc.

Appointment
of surveyors.
authorized by the Minister to act as surveyor for the
purpose of surveying ships and issuing Safety
Convention certificates.
249. The Minister may by notification published in the
Gazette provide a list of countries, including territories
thereof, that have ratified, acceded to or denounced the Safety
Convention.
250. The Safety Convention shall, unless exempted by
this Act, apply to all Guyana ships and all other ships while
they are in Guyana waters.
251. (1) The Minister may make such regulations
relating to safety at sea as he considers necessary or expedient
to give effect to and for the better carrying out of the objects
and purposes of this Part and to provide generally for safety
at sea and for giving effect to the Safety Convention.
(2) Every omission or neglect to comply with, and
every act done without reasonable cause and contrary to the
provision of, any regulation made under this section shall be
an offence and in respect of any such offence the offender
shall, subject to the provisions of this Act and such
regulations, or convention be liable to a fine not exceeding
fifty-thousand dollars.
252. Notwithstanding that any provision of this Part
or of any regulations made hereunder is expressed to apply to
ships that are not Guyana ships while they are without any
port in Guyana, such provision shall not apply to a ship that
would not be within any such port but for such stress of
weather or any other circumstances that neither the master
nor the owner nor the charterer, if any, of the ship could have
prevented or forestalled.
253. (1) The Minister may, from time to time appoint
at such places as he deems advisable, persons as surveyors of
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Surveyor's
powers of
inspection.
ships competent to inspect –
(a) the boilers and machinery of ships;
(b) the equipment of ships, including
ships' tackle, apparel and
appurtenances;
(c) the hulls and superstructures of ships;
(d) the life-saving, fire-fighting and other
safety equipment of ships;
(e) the radio-telegraphy and radio-
telephony installations of ships;
(f) the stowage and manner of loading of
ships' cargoes and the stowage of
dangerous goods in ships.
(2) A surveyor of ships may be appointed in
several capacities to perform different functions.
(3) The survey and inspections of ships, so far as
regards the enforcement of the regulations made under this
Part, shall be carried out by the surveyors or, subject to such
conditions as the Minister may impose, by any corporation or
society for the survey and classification of ships authorized by
the Minister.
254.(1) A surveyor of ships may at all reasonable
times inspect any ship for the purpose of ensuring that it is in
compliance with the Safety Convention, the Load Line
Convention, the Collision Regulations and the relevant
regulations made under this Act.
(2) Where the surveyor finds that the said
convention or the regulations have not been complied with,
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he shall give written notice to the owner or master of the ship
stating in what respect there is deficiency and what action in
his opinion, is required to rectify such deficiency.
(3) Every notice so given shall be communicated in
a manner directed by the Minister to the Customs Officer of
any port at which the ship may seek a clearance and such
clearance shall not be granted and the ship shall be detained.
(4) Where the surveyor considers such ship unsafe,
or, where a passenger ship is unfit to carry passengers, or the
machinery or equipment defective in any way so as to expose
persons on board to serious danger, he shall detain that ship,
and a surveyor may also detain any ship in respect of which
any of the provisions of this Act have not been complied with,
if in his opinion such detention is warranted in the
circumstances.
(5) Where, under this section, a surveyor visits any
ship he may ask the owner or his agent, the master or chief
engineer or any other person on board and in charge or
appearing to be in charge, of the ship any questions
concerning the ship as he thinks fit and every such person
shall fully and truthfully answer every such question.
(6) A surveyor may reasonably require of the
owner or his agent the master or chief engineer or any other
person on board or in charge, or appearing to be in charge of
the ship that the machinery of the ship be activated or
dismantled so that he may satisfy himself as to its condition
and every person of whom such a request is made capable of
so doing, shall comply with the requirement.
(7) A person who contravenes subsection (5) or (6)
is guilty of an offence and is liable to a fine of ten thousand
dollars.

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Surveyor's
report to
Director.
Surveyor's
record of
inspections and
certificates.
255. A surveyor, when satisfied on inspection that he
can with propriety do so, shall forward a report to the
Director which shall contain a statement showing –
(a) that the hull and machinery are
sufficient for the service;
(b) that the hull and machinery are
constructed, arranged and fitted in
accordance with any regulations
made under this Part;
(c) that the equipment required under
any regulations is on board and in
good condition;
(d) that the ship's officers are persons
duly certificated as required under
this Act and that the crew is sufficient
and efficient;
(e) the class of voyage for which the ship
is fit to ply and the time, if less than
one year, for which the hull,
equipment and machinery will be
sufficient;
(f) if the ship is a passenger ship the
number of passengers which it may
carry; and
(g) the steam pressure that may be
carried on the boilers.
256. A surveyor shall keep a record of the inspections
he makes and certificates he issues in such form and with
such particulars respecting them as the Director may direct,
and shall furnish copies thereof and any other information
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Surveys of
passenger
ships.

Initial survey of
passenger ship.

Periodic
surveys of
passenger
pertaining to the duties of his office which the Director may
require.
257. Every Guyana passenger ship shall be subjected
to the surveys specified namely –
(a) a survey before the ship is put into
service;
(b) a periodic survey at intervals of not
more than twelve months;
(c) additional surveys as required under
this Act.
258. (1) The survey made before a passenger ship is
put into service shall include a complete inspection of the
hull, machinery and equipment.
(2) The survey shall be such as to ensure that the
general arrangement, material and scantling of the hull,
boilers and other pressure vessels, the main auxiliary
machinery, electrical installations, radio installations, radio
installations in motor life boats, portable radio apparatus for
survival craft, life-saving appliances, fire detecting and
extinguishing appliances, pilot ladders, and other equipment
fully comply with the requirements of the Safety Convention
and with any regulations made under section 251.
(3) The survey shall also be such as to ensure that
the workmanship of all parts of the hull, machinery and
equipment is satisfactory, and that the ship is provided with
such lights and sound signals and distress signals as are
required by the Safety Convention and the Collision
Regulations.
259.(1) The periodic survey shall be such as to ensure
that the hull, boiler and other pressure vessels, the main and
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ships.

Additional
surveys of
passenger
ships.

Passenger ship
Certificate.
auxiliary machinery, electrical installations, radio
installations, radio installations in motor life boats, portable
radio apparatus for survival craft, life-saving appliances, fire
detecting and extinguishing appliances, pilot ladders, and
other equipment are in a satisfactory condition and fit for the
service for which they are intended and that they comply
with the requirements of the Safety Convention and any
regulations made under section 251.
(2) The lights and sound signals and the distress
signals carried by the ship shall also be subject to the survey.
260. (1) A survey, either general or partial, as the
circumstances require, shall be made every time an accident
occurs or a defect is discovered which affects the safety of the
ship or the efficiency or completeness of its life-saving
appliances or other equipment or whenever important
repairs, renewals or replacement are made.
(2) The surveys shall be such as to ensure that the
necessary repairs, renewals or replacements have been
effectively made, that the material and workmanship of such
repairs, renewals or replacements are in all respect,
satisfactory and that the ship complies in all respect: with the
provisions of the Safety Convention and the Collision
Regulations and any regulations made under this Act.
261. (1) Where the Minister or such other person as he
may authorize for the purpose, on receipt of the surveyor's
report referred to in section 255 is satisfied that a Guyana ship
is in compliance with –
(a) the requirements of the Safety
Convention as regards construction,
life-saving appliances, radio and
direction finders; and
(b) such of the rules relating to safety of
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Short Voyage
Certificates for
passenger
ships.
Exemption and
Qualified
Certificates for
passenger
ships.
life at sea as are applicable to the ship
and to such international voyages as
it is to be engaged on, and that it is
properly provided with the lights,
shapes and means of making signals
required by the Collision Regulations,
he shall on the application of the owner, issue the appropriate
Safety Certificate, hereinafter referred to as "a Passenger Ship
Safety Certificate" and an Inspection Certificate, in respect of
that ship.
(2) A Passenger Ship Safety Certificate may
together with any other Safety Certificate required under this
Act be contained in one document.
262. Where the voyages on which a ship is to be
engaged are short international voyages and it complies only
with such of the regulations as are applicable to those
voyages the Director shall issue a certificate, hereinafter
referred to as a "Short Voyage Certificate" showing that the
ship complies with the requirements of the Safety Convention
applicable to such short international voyages.
263. Where the Minister or such other person as he
may authorize for the purposes, on receipt of the surveyors
report in respect of any passenger ship as aforesaid is satisfied
–
(a) that the ship is eligible for exemption,
under this Act, from any of the
requirements of the regulations or of
the Safety Convention applicable to
the ship and to such international
voyages on which it is to be engaged;
(b) that it complies with the remainder of
those requirements and that it is
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Validity of
passenger ship
Short Voyage
Certificates.
properly provided with the lights,
shapes and means of making sound
signals required by the Collision
Regulations,
he shall, on the application of the owner, issue in respect of
the ship –
(i) an Exemption Certificate
stating from which of the
requirements of the
Safety Convention the
ship is exempt, and that
the exemption is
conditional on the ship
plying only on the
voyages and being
engaged only in the
trades and complying
with the other
conditions, if any,
specified in the
certificates, and
(ii) a certificate hereinafter
referred to as "a
Qualified Safety
Certificate" or a Qualified
Short Voyage Certificate,
as the case may be,
showing that the ship
complies with those
requirements from which
it is not exempt.
264. The Minister or such other person as he may
authorize for the purpose, may permit any passenger ship in
respect of which there is in force a Short Voyage Certificate,
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Passenger Ship
Safety
Certificate to be
carried on
board

Penalty for
carrying excess
passengers.

or a Qualified Short Voyage Certificate, to proceed to sea on
an international voyage from a port not exceeding twelve
hundred nautical miles between that port and the final port of
destination, and for the purposes of this section, such
Certificate shall be endorsed for the voyage on which the ship
is about to proceed notwithstanding that the voyage exceeds
six hundred nautical miles between those ports.
265. (1) Every passenger ship shall, before plying or
proceeding to sea from any port in Guyana have on board a
valid Passenger Ship Safety Certificate which shall show –
(a) the limits, if any, beyond which the
ship is not fit to ply, and
(b) the number of passengers which the
ship is fit to carry distinguishing, if
necessary, the number to be carried in
each part of the ship, and any
conditions and variations to which the
number is subject.
(2) Where in the case of a foreign passenger ship,
the Minister or such other person as he may authorize for the
purpose, is satisfied upon the production of a Passenger Ship
Safety Certificate that the provisions of this Act have been
substantially complied with; the ship shall be deemed to have
satisfied the requirements of subsection (1).
266. Where a passenger ship has on board a number
of passengers which, having regard to the time, occasion and
circumstances of the case, is greater than the number allowed
by the Passenger Ship Safety Certificate, the owner or master
of the ship shall, without prejudice to any other remedy or
penalty under this Act, be liable to a fine of ten thousand
dollars for every excess passenger.

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Safety
equipment
survey on
cargo ships.
Cargo ship
Safety
Equipment
Certificate.

Cargo ship
exemption and
267. (1) The life-saving appliances and fire-fighting
appliances of Guyana cargo ships shall be subject to survey
before the ship is put into service and thereafter at intervals of
not more than two years.
(2) The fire control plans in Guyana ships and the
pilot ladders, lights and sound signals and distress signals in
new and existing Guyana cargo ships shall be included in the
surveys for the purpose of ensuring that they comply fully
with the requirements of the Safety Convention and, where
applicable, the Collision Regulations.
268. Where the Minister or such person as he may
authorise for the purpose is satisfied, on receipt of the
surveyor's report in respect of a Guyana cargo ship, that the
ship complies with the requirements of the Safety Convention
as regards life-saving appliances and with such of the
regulations relating to safety of life at sea as are applicable to
the ship in regard to such life-saving appliances and to such
voyages as it is to be engaged on, and, that it is properly
provided with the lights, shapes and means of making sound-
signals required by the Collision Regulations, he shall, on the
application of the owner, issue in respect of the ship –
(a) where it is not less than five hundred
gross tons and is to be engaged on
international voyages, a certificate in
the form prescribed by the Safety
Convention;
(b) in any other case, a certificate
showing that it complies with the said
requirements,
and any such certificate is in this Act referred to, as a Safety
Equipment Certificate.
269. Where the Minister or such person as he may
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Qualified
Safety
Equipment
Certificate.
authorize for the purpose, on receipt of the surveyor's report
in respect of a cargo ship, is satisfied that the ship is exempt
by this Act or from any of the requirements of such
regulations or of the Safety Convention, applicable to the ship
and to such voyages as it is to be engaged on, and that the
ship complies with the remainder of those requirements and
is properly provided with the lights, shapes and means of
making sound signals required by the Collision Regulations,
he shall, on the application of the owner, issue in respect of
the ship –
(a) where it is not less than five hundred
tons gross tonnage and is to be
engaged on international voyages,
(i) an exemption certificate
stating from which of the
requirements of the
Safety Convention the
ship is exempt and that
the exemption is
conditional on the ship
plying only on the
voyages and being
engaged only in the trade
and complying with any
other conditions,
specified in the
certificate, and
(ii) a certificate showing that
the ship complies with
those requirements from
which it is not exempt;
(b) in any other case, a certificate
showing that the ship complies with
such of the requirements of the Safety
Convention from which it is not
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Cargo ship
radar and radio
installations
surveys.
Issue of cargo
ship Radio
Certificate.
exempt and to the voyages on which
it is to be engaged,
and any certificate issued under paragraph (a) (ii) or (b) is in
this Act referred to as a Qualified Safety Equipment
Certificate.
270. The radar installations of Guyana cargo ships and
any radio-telegraph installations in a motor-life boat or
portable radio apparatus for survival craft which is carried in
compliance with any regulations made under section 251,
shall be subject to survey before the ship is put into service
and thereafter at intervals of not more than twelve months.
271. Where the Minister or such person as he may
authorize for the purpose is satisfied on receipt of the
surveyor's report in respect of a cargo ship that the ship
complies with the requirements of the Safety Convention as
regards radio-telegraphy, radio telephony and direction
finders and with such of the regulations relating to safety of
life at sea as are applicable to the ship in regard to such radio-
telegraphy, radio-telephony and direction finders and to such
international voyages, as it is to be engaged on, he shall, on
the application of the owner, issue in respect of the ship –
(a) a certificate in the form prescribed by
the Convention where the ship of not
less than three hundred gross tons
and is to be engaged on international
voyages;
(b) a certificate showing that it complies
with the said requirements,
(c) a certificate showing that the ship
complies with those requirements
from which it is not exempt;
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Cargo ship
Exemption and
Qualified
Radio
Certificate.
(d) in any other case, a certificate
showing that the ship complies with
such of the requirements of the Safety
Convention from which it is not
exempt and the voyages on, which it
is to be engaged,
and any such certificate is in this Act referred to as a Radio
Certificate.
272. Where the Minister or such person as he may
authorize for the purpose, on receipt of the surveyor's report
in respect of a cargo ship, is satisfied that the ship is eligible
for exemption under this Act, from any of the requirements of
those of the regulations or of the Safety Convention
applicable to the ship as regards radio-telegraphy, radio-
telephony and direction finders and to such voyages as it is to
be engaged on, and that the ship complies with the remainder
of those requirements and is properly provided with the
lights, shapes and means of making sound signals requires by
the Collision Regulations, he shall, on the application of the
owner, issue in respect of the ship –
(a) where it is not less than five hundred
gross tons and is to be engaged on
international voyages –
(i) an exemption certificate
stating from which of the
requirements of the
Safety Convention the
ship is exempt and that
the exemption is
conditional on the ship
plying only on the
voyages and being
engaged only in the trade
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Radio
exemption
Certificate.

Cargo ship
safety
construction
surveys.
and complying with the
other conditions,
specified in the
certificate, and
(ii) a certificate showing that
the ship complies with
those requirements from
which it is not exempt;
(b) in any other case, a certificate
showing that the ship complies with
such of the requirements of the Safety
Convention from which it is not
exempt and the voyages on which it is
to be engaged,
and any certificate issued under paragraph (a) (ii) or
paragraph (b) is in this Act referred to as a Qualified Radio
Certificate.
273. Where any Guyana ship is wholly exempted by
the Minister or such other person authorized by him for the
purpose from the requirements of the regulations relating to
the Safety Convention as regards radio-telegraphy, radio-
telephony and direction finders there shall be issued upon
application by the owner, an exemption certificate, hereinafter
referred to as a Radio Exemption Certificate specifying the
voyages and trades for and conditions on which, the ship is so
exempt.
274. (1) Subject to subsections (2) and (3) the hull,
machinery and equipment other than items in respect of
which Cargo Ship Safety Equipment Certificates, or Cargo
Ship Radio Certificates are issued a Guyana cargo ship shall
be surveyed before being put into service and thereafter in
such a manner and at such intervals as may be prescribed
under this Part.

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Regulations for
cargo ship
safety
construction
requirements
and surveys.
(2) A survey, either general or partial, as the
circumstances require shall be made every time an accident
occurs or a defect is discovered which affects the safety of the
ship or the efficiency or completeness of its life-saving
appliances or other equipment or whenever important
repairs, renewals or replacements are made.
(3) The survey shall be such as to ensure that the
necessary repairs, renewals or replacements have been
effectively made, that the material and workmanship of such
repairs, renewals or replacements are in all respects
satisfactory and that the ship complies in all respect with the
provisions of the Safety Convention and of the Collision
Regulations and any regulations made under this Act.
275. (1) The Minister may make regulations under
this Act referred to as Cargo Ship Construction and Survey
Regulations prescribing requirements for the hull, equipment
and machinery of ships to which this section applies and
requiring any Guyana ship to be surveyed to such an extent,
in such a manner and at such intervals as may be prescribed.
(2) The said regulations shall include such
requirements as appear to the Minister to implement the
provisions of the Safety Convention in relation to the hull,
equipment and machinery of such ship.
(3) This section applies to –
(a) Guyana ships of not less than five
hundred gross tons;
(b) Guyana ships of such lower tonnage
and of such description as the
Minister may specify; and
(c) foreign ships while they are within
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Issue of Ship
Safety
Construction
Certificate.
Cargo ship
Exemption and
Qualified
Safety
Construction
Certificate.
Guyana waters and while they are not
exempted under this Act,
but does not apply to passenger ships, troopships, pleasure
craft, fishing vessels and ships not propelled by mechanical
means.
276. (1)Where the Minister or such person as he may
authorize for the purpose is satisfied on receipt of the
surveyor's report in respect of a Guyana cargo ship to which
section 275 applies, that the ship complies with the Cargo
Ship Construction and Survey Regulations applicable to the
ship and to such voyage as it is to be engaged on, he shall, on
the application of the owner, issue in respect of the ship –
(a) a certificate in the form prescribed by
the Safety Convention where it is not
less than five hundred gross tons and
is to be engaged on international
voyages; and
(b) in any other case a certificate showing
that it complies with the said
regulations,
and any such certificate is in this Act referred to as a Cargo
Ship Safety Construction Certificate.
277. Where the Minister or such person as he may
authorize for the purpose, on receipt of the surveyor's report
in respect of a cargo ship, is satisfied that the ship is eligible
for exemption under this Act from any of the requirements of
those of the regulations applicable to the ship and to such
voyages as it is to be engaged on, and that it complies with
the remainder of those requirements, he shall, on the
application of the owner, issue in respect of the ship -

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Validity period
of Cargo Ship
Safety
Construction
(a) where it is of not less than five hundred
gross tons and is to be engaged on
international voyages –
(i) an exemption certificate
stating from which of the
requirements of the
Safety Convention, the
ship is exempt and that
the exemption is
conditional on the ship
plying only on the
voyages and being
engaged only in the
trades and complying
with the other conditions
specified in the
certificate, and
(ii) a certificate showing that
the ship complies with
those requirements from
which it is not exempt;
(b) in any other case, a certificate
showing that the ship complies with
such of the requirements of the Cargo
Ship Construction and Survey
Regulations from which it is not
exempt and to the voyages on which
it is to be engaged,
and any certificate issued under paragraph (a) (ii) or (b), is in
this Act referred to as a Qualified Cargo Construction
Certificate.
278. (1) A certificate issued under section 276 and a
certificate issued under section 277, other than an exemption
certificate, shall remain in force for five years or such shorter
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Certificate. .
Appeals
against
withholding of
ship's
certificates or
detention.
Periods of
validity of
certificates.
period as may be specified in it, but without prejudice to the
power of the Minister to cancel it, and an exemption
certificate issued under this section shall remain in force for
the same period as the corresponding qualified certificate.
(2) Without prejudice to the power of extension
conferred under this Act, where a certificate under this
section is in force in respect of a ship and the certificate was
issued for a shorter period than is allowed under this section,
the Minister or any person authorized by him for the purpose
may, if satisfied, on receipt of declarations of survey in
respect of the ship that is proper to do so, grant an extension
of the certificate for a period not exceeding one year and not
exceeding, together with the period for which it has been
previously extended under this subsection, the longest Period
for which it could have been issued under this Act.
279. Where following the survey of a ship, the owner
feels aggrieved by the withholding of any certificate required
to be carried on board the ship under this Act, or by his ship
being detained in accordance with section 254, he may appeal
to the Court of Survey constituted under section 422.
280. (1) A Passenger Ship Safety Certificate, a Radio
Certificate or an exemption certificate stating that a ship is
wholly exempt from the provisions of the Safety Convention
relating to radio telegraphy, radio-telephony and direction
finders shall be in force for one year and a Safety Equipment
Certificate, shall be in force for two years from the date of its
issue or for such shorter period as may be specified in the
certificate; save that no such certificate shall remain in force
after notice is given by the Minister to the owner, master or
agent of the ship, in respect of which it has been issued that
the Minister has cancelled the certificate.
(2) An exemption certificate, other than a certificate
stating that a ship is wholly exempt from the provisions of the
Safety Convention relating to radio-telegraphy, radio
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Extension of
period of
validity of
certificates.
Validity of
qualified
certificates.

Penalty for
non-
compliance
with conditions
of Exemption
Certificates.

Posting up of
certificates on
board ship.
telephony and direction finders, shall be in force for the same
period as the corresponding qualified certificate.
(3) Any certificate issued by the Minister under
this Act, and any Passenger Ship Safety Certificate, whether
or not combined in one document with any other safety
certificate, shall be admissible in evidence.
281. (1) Where a Guyana ship is not in a port of
Guyana on the date of expiry of any certificate issued to that
ship under this Act, the Minister or any such person as he
may authorize for the purpose, may extend the validity of
that certificate in the first instance by a period not exceeding
one month from its initial date of expiry up to a maximum of
three months in the aggregate.
(2) The extension referred to in subsection (1) shall
be granted only for the purpose of enabling the ship to
proceed to a Guyana port or a port where it is to be surveyed
for the purpose of renewal of such certificate, and then only
where it appears proper and reasonable to grant the
extension.
282. A qualified certificate shall not be deemed to be
in force in respect of a ship unless there is in force in respect
of the ship the corresponding exemption certificates; and an
exemption certificate shall be of no effect unless it is, by its
terms, applicable to the voyage on which the ship is about to
proceed.
283. Where an exemption certificate, issued in respect
of any Guyana ship specifies conditions on which the
certificate is issued and any of those conditions is not
complied with, the owner or the master of the ship is guilty of
an offence and is liable to a fine of ten thousand dollars.
284. (1) All certificates or certified copies thereof
issued under this Act, except exemption certificates or
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Survey to
verify Safety
Certificates and
compliance
with conditions
of issue.

certified copies thereof, shall be posted in a prominent and
accessible place in the ship for the information of all persons
on board; and the certificates or copies thereof shall be kept so
posted while they are in force and the ship is in use.
(2) The owner or master of a ship who fails
without reasonable cause to comply with the section is guilty
of an offence and is liable to a fine of five thousand dollars.
285. A surveyor of ships or any other marine officer
may board any ship for the purpose of verifying –
(a) that there is in force in respect of a
foreign Safety Convention ship, a
valid Safety Convention Certificate;
(b) that the condition of the hull,
equipment and machinery of any
such Safety Convention ship
corresponds substantially with the
particulars shown in such a certificate.
(c) that the number, grades and
qualifications of radio officers or
operators on board correspond with
those shown in that certificate, except
where the certificate states that the
ship is wholly exempt from the
provisions of the Safety Convention
relating to radio- telegraphy and
radio-telephony; or
(d) that any conditions subject to which
such a certificate, being the equivalent
of an exemption certificate, is issued,
are complied with.

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Production of
Safety
Convention
Certificate.


Inspection of
ships holding
Safety
Convention
Certificates.
286. (1) The master of every foreign Safety Convention
ship, shall produce to the appropriate authorities from whom
a clearance for the ship is demanded in respect of an
international voyage from a Guyana port, valid Safety
Convention Certificates that are the equivalent of the Safety
Convention Certificates issued by the Minister that would be
required to be in force in respect of the ship if it was a Guyana
ship, and a clearance shall not be granted, and the ship may
be detained until those certificates are so produced.
(2) The production of a valid Safety Convention
Certificate being the equivalent of –
(a) a qualified certificate; or
(b) an exemption certificate, other than a
certificate stating that the ship is
wholly exempt from the provisions of
the Safety Convention,
shall not avail for the purpose of section 287 unless there is
also produced the corresponding exemption certificate or
qualified certificate as the case may be.
287. (1) Where a valid Safety Convention Certificate is
produced in respect of a foreign Safety Convention ship it
shall be accepted and the ship shall be exempt from surveys
or inspection under section 285, unless there are clear
grounds for believing that the condition of the ship or of its
equipment does not correspond substantially with the
particulars of the certificate or that the ship and its equipment
are not in compliance with regulations made under this Act
respecting the maintenance of conditions of ships and their
equipment after survey.
(2) Where a certificate is not acceptable due to the
circumstances referred to in subsection (I), or if a certificate
has expired or ceased to be valid, the ship shall not be granted
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Ship not to
proceed to sea
without
appropriate
certificate.
clearance and shall be detained until it can proceed to sea or
to the appropriate repair yard without causing danger to the
ship or persons on board, and the following persons shall be
notified in writing of the circumstances, namely –
(a) the local Consul of the ship's flag state
or, in his absence, the nearest
diplomatic representative of the ship's
flag state;
(b) nominated surveyors or recognized
organizations responsible for the issue
of the certificates referred to in
subsection (1).
(3) Where any ship referred to in subsection (2) is
unduly detained or delayed, it shall be entitled to
compensation for any loss or damage suffered as a direct
result of such undue detention or delay.
288. (1) No Guyana ship shall proceed to sea on an
international voyage from a port in Guyana unless there is in
force in respect of the ship –
(a) where it is a passenger ship, a
Passenger Ship Safety Certificate, or a
Short Voyage Safety Certificate, or a
Qualified Short Voyage Safety
Certificate which, subject to the
provisions of this section relating to
Short Voyage Certificates, is
applicable to the voyage on which the
ship is about to proceed and to the
trade in which it is for the time being
engaged;
(b) where it is not a passenger ship –

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L.R.O. 1/2012

Detention of
ship for non-
production of
certificates.

Ships to carry
stability
information.
(i) a cargo Ship Safety
Construction Certificate
or a Qualified Cargo Ship
Safety Construction
Certificate;
(ii) a Safety Equipment
Certificate or a
Qualified Safety
Equipment Certificate; or
(iii) a Radio Certificate, or a
Qualified Radio
Certificate, or an
Exemption Radio
Certificate.
(2) Notwithstanding subsection (1), a Guyana ship
that is not a passenger ship may proceed to sea, if there is in
force in respect of that ship, such certificates as would be
required if it were a passenger ship, namely, the certificates
referred to in paragraph (a) of subsection (1).
289. The master of every Guyana ship shall produce to
the appropriate authorities from whom a clearance for the
ship is demanded for an international voyage the certificates
required by this Part to be in force when the ship proceeds to
sea and a clearance shall not be granted, and the ship may be
detained, until the certificates are so produced.
290. (1) Every Guyana passenger ship, regardless of
size and every Guyana cargo ship having a length of twenty-
four meters and upwards shall carry on board such
information about the ship's stability as may be prescribed.
(2) The information, a copy of which shall be sent
to the Minister, shall be based on the determination of the
ship's stability by means of an inclining test of the ship but the
Minister may allow the information to be based on a similar
determination of the stability of a sister ship.
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Penalty for
forgery of
survey report
or certificate.

Notice of
accident, defect
or alterations
affecting the
efficiency or
sea-worthiness of the ship.
(3) Where any ship proceeds or attempts to
proceed to sea without having on board the information as
required by subsections (1) and (2), the owner or master is
guilty of an offence and is liable to a fine of ten thousand
dollars.
291. Any person who –
(a) knowingly and wilfully makes or
assists in making or procures to be
made a false or fraudulent survey
report under this Part; or
(b) forges, assists in forging, procures to
be forged, fraudulently alters, assists
in fraudulently altering any such
report or certificate, or anything
contained in or any signature to any
such report or certificate,
is guilty of an offence.
292. (1) The condition of any ship in respect of which
a Safety Convention Certificate issued under this Act is in
force, including the equipment of such ship, shall be
maintained at all times to comply in all respects with the
provisions of the Safety Convention and of the Collision
Regulations and any regulations made under this Act.
(2) Whenever an accident occurs to a ship or a
defect is discovered, or any alteration is made to the ship's
hull, equipment, appliance or machinery which affects the
safety of the ship or the efficiency, completeness or
seaworthiness thereof, the owner or master shall, as soon as
practicable following such accident, discovery of defect, or
alteration, give written notice to the Director describing full
particulars of the accident, defect or alteration, as the case
may be.
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Re-survey of a
ship following
alterations or
damages.

Application of
this Part to
foreign ships.
(3) Where notice is not given as required by this
section, the owner or master of the ship is guilty of an offence
and is liable to a fine of ten thousand dollars.
293. (1) Where the Director has reason to believe that
since the making of the last survey report in respect of any
ship –
(a) any alteration has been made as is
mentioned in section 292;
(b) the hull, equipment, appliance, or
machinery of the ship has sustained
any damage or is otherwise defective
or insufficient,
the Director may require the ship to be again surveyed to
such extent as he thinks fit, and if such requirement is not
complied with, may cancel any certificate issued in respect of
the ship under this Act.
(2) For the purpose of this section "alteration" in
relation to anything includes the renewal or replacement of
any part of it.
294. (1) The Minister may direct that this Part or any
of the provisions thereof shall apply to any foreign ship or
class of ship while within Guyana waters.
(2) Notwithstanding anything in this Part, the
Minister may relieve any foreign ship or the owner of any
such ship from compliance with any of the provisions of this
Part or regulations made thereunder relating to inspection, in
any specific case of emergency where the Minister 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 Minister shall not relieve
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Survey of
foreign ships
and issue of
Safety
Convention
Certificates.

Survey of
Guyana ships
by other
Convention
countries.

Exceptions.
any ship or the owner thereof from compliance with any such
provisions to such manner as would permit any ship to
proceed to sea or to make any voyage in an unseaworthy
condition.
295. (1) The Minister may, at the request of the
Government of a country to which the Safety Convention
applies, cause a ship to be surveyed, and if satisfied that the
requirements of the said Convention are complied with, shall
issue certificates to the ship in accordance with the Safety
Convention.
(2) Any certificate so issued shall contain a
statement to the effect that it has been issued at the request of
the Government of the country in which the ship is or will be
registered, and it shall have the same force and receive the
same recognition as a certificate issue under this Part.
296. The Minister may request the Government of a
country to which the Safety Convention applies or any
organization authorized to act in that behalf by the Minister
to issue in respect of a Guyana ship any certificate the issue of
which is required under this Act; and a certificate issued in
pursuance of such a request and containing a statement that it
has been so issued shall have effect for the purposes of this
Act as if it had been issued by the Minister and not by the
Government of that country.
297. Nothing in this Part or in any regulations made
thereunder, unless it is expressly otherwise provided by such
regulations, shall apply to –
(a) ships of war and troop ships;
(b) cargo ships of less than five hundred
tons gross tonnage;
(c) ships not propelled by mechanical
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Regulations for
safety
requirements
and issue of
local
certificates.

Interpretation.
means;
(d) wooden ships of primitive build;
(e) pleasure yachts not engaged in trade;
(f) fishing vessels.
298.The Minister may make regulations prescribing
safety requirements and providing the survey and issue of
local safety certificates in respect of any ship or class of ship
to which the Safety Convention does not apply.
PART XI
LOAD LINES
299.For the purposes of this Part –
"Convention Country" means a country, the Government of
which is a party to the Local Line Convention and which
has not denounced that Convention, or a territory of
such country to which the Convention extends and
remains extended;
"existing ship" means a ship which is not a new ship;
"fishing vessels" means a vessel used for catching fish, whales,
seals, walrus or other living resources of the sea;
"international voyage" means a voyage between -
(a) in a case of a ship registered in or
flying the flag of a country other than
Guyana which is a Convention
country, the date from which it is
declared that the Government of that
country has ratified or acceded to the
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Exceptions.
Load Line Convention, or that it is a
country to which that Convention
applies;
(b) in the case of any other ship, the date
of the coming into force of this Act.
"Load Line Convention" means the International Convention
on Load Lines 1966 and any amendments thereto which
the Minister may, by order declare to be in effect for
Guyana;
"Load Line convention ship" means an international Load
Line ship belonging to a country to which the Load Line
Convention applies;
‚Load Line Regulations" means the regulations made by the
Minister to give effect to the Load Line Convention;
"Load Line ship" means –
(a) an international Load Line ship, that
is to say, an existing ship of not less
than one hundred and fifty gross tons
or a new ship of twenty-four metres
or more in length which carries cargo
or passengers on international
voyages; and
(b) a local Load Line ship, that is to say, a
ship, other than an international Load
Line ship, which carries cargo or
passengers;
"new ship" means a ship whose keel is laid or which is at a
similar stage of construction on or after.
300. This Part shall not apply to –
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Countries to
which Load
Line
Convention
applies.
Load Line
Regulations.

Certificates
issued under
the Load Line
Convention.
(a) ships of war;
(b) pleasure craft not engaged in trade;
(c) fishing vessels.
301. The Minister may from time to time by Notice
publish a list of countries that have ratified, acceded to or
denounced the Load Line Convention.
302. The Minister may make such regulations
hereinafter referred to as the "Load Line Regulations" as
appear to him to be necessary for the purpose of giving effect
to the Load Line Convention, and without prejudice to the
generality of the foregoing, such Regulations may also
prescribe Load Line requirements and provide for the issue of
local Load Line Certificates in respect of ships to which the
Load Line Convention does not apply.
303. (1) An International Load Line Certificate may be
issued to every ship which has been surveyed and marked in
accordance with the Load Line Convention.
(2) An International Load Line Exemption
Certificate may be issued to any ship to which an exemption
has been granted in accordance with the Load Line
Convention –
(a) a port or place in Guyana and a port
or place outside Guyana; or
(b) a port in a Convention Country other
than Guyana and a port in any other
country or territory thereof (whether
or not a Convention Country) which
is outside Guyana:
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International
and Local Load
Line
Certificates.

Certificates
issued by other
governments.
Provided however, that in determining the ports
between which a voyage is made, no account shall be taken of
any deviation by a ship from her intended voyage which is
due solely to stress of weather or other circumstances that
neither the master nor the charterer, if any, of the ship could
have prevented or forestalled.
304. (1) Where a Guyana ship has been surveyed and
marked in accordance with the Load Line Regulations, the
appropriate certificate shall be issued to the owner of the ship,
on his application.
(2) For the purpose of this section the appropriate
certificate –
(a) in the case of an existing ship of not
less than one hundred and fifty gross
tons, and in the case of a new ship of
twenty-four metres or more in length
is to be called an International Load
Line Certificate (1966) and
(b) in the case of any other ship, is to be
called a Guyana Local Load Line
Certificate.
305. (1) The Minister may request the Government of
a country which is a party to the Load Line Convention to
issue an International Load Line Certificate in respect of a
Guyana ship and a certificate so issued and containing a
statement that it was so issued shall have effect for the
purposes of this Part as if it had been issued by the Minister.
(2) Where a valid Load Line Certificate issued in
pursuance of subsection (1) is produced in respect of a ship,
that ship shall, for the purposes of this Part, be deemed to
have been surveyed under the Load Line Regulations, and if
the deck line and Load Line correspond with the marks
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Certificates
issued at the
request of other
governments.
Regulations as
to the validity
of foreign
certificates.
Power to make
exemption
orders.
specified in the certificate, the ship shall be deemed to be
marked as required by this Part.
306. The Minister may, at the request of the
Government of a country to which the Load Line Convention
applies, issue an International Load Line Certificate in respect
of a ship of that country, if he is satisfied that, as in the case of
a Guyana Ship, he can properly issue the certificate and
where a certificate is issued at such a request, it shall contain a
statement to the effect that it has been so issued.
307. (1) With a view to determining the validity in
Guyana of certificates purporting to have been issued in
accordance with the Load Line Convention in respect of
foreign ships the Minister may make such regulations as
appear to him to be necessary.
(2) For the purposes of the provisions of this Part
relating to foreign ships the expression "a valid Load Line
Certificate" means a certificate complying with such of those
regulations made under subsection (1) as are applicable in the
circumstances.
308.(1) Where in the opinion of the Minister the
sheltered nature and conditions of international voyages
between ports in Guyana and ports in neighbouring countries
make it unreasonable or impracticable to apply the provisions
of this Act to ships plying on such a voyage and the Minister
is satisfied that the Governments of the other countries concur
in that opinion, the Minister may, by order, specifying those
ports, direct that ships plying on such voyages be exempt
from the provisions of this Part.
(2) The Minister may, by order, direct that vessels
under twenty-four metres in length engaged solely in the
coasting trade, or any class of such ships specified in the
order be exempt from the provisions of this Part.

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Further powers
to exempt ships
of novel design.
(3) Any order under this section may be made
subject to such conditions as the Minister thinks fit, and
where any such order is made subject to conditions, the
exemption granted by the order shall not have effect in
relation to a ship unless the ship complies with those
conditions.
309. (1) On the application of the owner of a Guyana
ship to which this Part applies and the ship is either an
existing ship of not less than one hundred and fifty gross tons
or a new ship of not less than twenty four metres in length,
the Minister may exempt the ship if in his opinion the ship
embodies features of a novel kind or that a nature if the ship
had to comply with all the requirements of this Part, the
development of those features and their incorporation, in the
ship might be seriously impeded.
(2) On the application of the owner of a Guyana
ship to which this Part applies, and which is neither –
(a) an existing ship of less than one
hundred and fifty gross tons or a new
ship of less than twenty-four metres
in length; or
(b) a ship, not falling within paragraph
(a), which does not ply on
international voyages,
the Minister may exempt the ship.
(3) Without prejudice to subsection (2), where a
Guyana ship to which this Part applies is either an existing
ship of not less than one hundred and fifty gross tons or a
new ship of not less than twenty-four metres in length, does
not normally ply on international voyages but is in
exceptional circumstances, required to undertake a single
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Extent of
exemption.

Issue of
Exemption
Certificates.
international voyage, the Minister, on the application of the
owner of the ship, specifying the international voyage in
question, may exempt the ship while engaged on that voyage.
(4) Any exemption granted under this section may
be granted subject to such conditions as the Minister thinks
fit; and any such exemption shall not have effect unless those
conditions are complied with.
310. In this Part, any reference to exempting a ship is
an exemption -
(a) from all the provisions of this Part
and of the Load Line Regulations; or
(b) from such of those provisions as are
specified in the instrument granting
the exemption.
311. (1) Where the Minister exempts a ship under
section 308 or 309 the Director shall issue the appropriate
certificate to the owner of the ship.
(2) For the purposes of this section, the appropriate
certificate –
(a) where the exemption is granted under
subsection (1) or (3) of section 309 is to
be called an International Load Line
Exemption Certificate; and
(b) where the exemption is granted
under subsection (2) of that section is
to be called a Guyana Local Load Line
Exemption Certificate.
(3) Any certificate issued under this section shall
be issued in such manner, as may be prescribed by the Load
Line Regulations.
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Duration and
extension of
exemption.

Effect of Load
Line
Certificates.
312. (1) The Load Line Regulations shall make
provision for determining the period of which any exemption
granted under section 308 or 309 or any certificate issued
under section 303 is to remain in force including -
(a) provision enabling the period for
which any such exemption or
certificate is originally granted or
issued to be extended within such
limits and in such circumstances as
may be prescribed by the Regulations;
and
(b) provision for terminating any such
exemption and for cancelling any
such certificate in such circumstances
as may be prescribed.
(2) While any such certificate is in force in respect
of a ship, there shall be endorsed on the certificate such
information relating to –
(a) periodical inspections of the ship in
accordance with the Load Line
Regulations; and
(b) any extension of the period for which
the certificate was issued as may be
prescribed by the Regulations.
313. Where a valid Load Line Certificate issued under
this Part is produced in respect of the ship to which the
certificate relates –
(a) the ship shall be deemed to have been
surveyed in accordance with the Load
Line Regulations; and
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Duration,
renewal and
cancellation of
Load Line
Certificate.

Ships not to
proceed to sea
without Load
(b) where lines are marked on the ship
according in number and description
to the deck line and load lines as
required by the Load Line
Regulations, and the positions of
those lines so marked correspond to
the positions the deck line and load
lines as specified in the certificate, the
ship shall be deemed to be marked as
required by those Regulations.
314. (1) Every Load Line Certificate issued by or
under the authority of the Minister shall, unless it is renewed
in accordance with the provisions of subsection (2), expire at
the end of such period as specified therein but not exceeding
five years from the date of its issue.
(2) Any such Load Line Certificate may, after a
survey that is not less effective than the survey required by
the Load Line Regulations before the issue of the certificate,
be renewed from time to time by the Director or by any
person authorized by him to issue a load line certificate for
such period not exceeding five years on any occasion as the
Director or other authorized person renewing the certificate
thinks fit.
(3) The owner of every ship in respect of which
any such certificate remains in force, shall cause the ship to be
surveyed in the prescribed manner at least once in every
period of twelve months after the issue of the certificate
should remain in force, having regard to subsection (2), and if
the ship is not so surveyed, the Minister shall cancel the
certificate, but may, if he thinks fit extend the said period by a
maximum of three months.
315. (1) Subject to any exemption granted by or under
this Part, no Guyana ship being an international load line ship
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Line Certificate.

Deck cargo
regulations.
shall proceed to sea on an international voyage unless there is
in force in respect of such ship an International Load Line
Certificate.
(2) No Guyana ship, being a local load line ship,
shall proceed to sea unless there is in force in respect of such
ship a Local Load Line Certificate
(3) The master of every Guyana load line ship shall
produce to the customs officer from whom a clearance for the
ship is demanded the certificate that is required by this
section to be in force when the ship proceeds to sea; and a
clearance shall not be granted and the ship shall be detained
until that certificate is produced.
316. (1) The Minister may make regulations, in this
section referred to as the Deck Cargo Regulations, prescribing
requirements to be complied with where cargo is carried in
any uncovered space on the deck of a load line ship.
(2) Where the Load Line Regulations provide for
assigning special freeboards to ships which are to have effect
when carrying only timber deck cargo, then, without
prejudice to the generality of subsection (1), the Deck Cargo
Regulations may prescribe special requirements to be
complied with in circumstances where any such special
freeboard has effect.
(3) In prescribing any such special requirements as
are mentioned in subsection (2), the Minister shall have
regard in particular to the provisions of Chapter IV of Annex I
to the Load Line Convention.
(4) Where any provisions of the Deck Cargo
Regulations are contravened –
(a) in the case of a Guyana ship; or
(b) in the case of any other ship while the
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Inspection of
Guyana load
line ships.

Notice to be
given of
alterations
affecting
position of
ship's Load
Line.
ship is within any port in Guyana,
the master of the ship is, subject to subsection (5), guilty of an
offence and is liable to a fine of ten thousand dollars.
(5) Where a person is charged with an offence
under subsection (4) it shall be a valid defence if proven to the
satisfaction of the court that the contravention was due solely
to deviation or delay caused by stress of weather or any other
cause of force majeure which neither the master nor the owner
nor the charterer, if any, could have prevented or forestalled.
(6) For the purpose of securing compliance with
the Deck Cargo Regulations, any person authorized in that
behalf by the Director may inspect any ship to which this Part
applies which is carrying cargo in any uncovered space on its
deck; and for the purpose of any such inspection any such
person shall have all the powers of a surveyor under this Act.
317. A surveyor of ships or other marine officer may
inspect any Guyana load line ship for the purpose of ensuring
that the provisions of this Part have been complied with.
318. (1) The owner or master of a ship in respect of
which a load line certificate issued under this Part is in force
shall, as soon as practicable after any structural alteration
which affects the load line marks is made in the hull or
superstructures of the ship, give notice in writing to the
Director containing full particulars of the alteration.
(2) Where notice of any alteration is not given as
required by subsection (1), the owner and the master are
guilty of an offence and each is liable to a fine of ten thousand
dollars.
(3) The Director may exercise with respect to any
such ship his powers specified in subsection (4) where he has
reason to believe that –
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Submersion of
load lines.
(a) material alterations have taken place
in the hull or superstructure of the
ship which affect the load line marks;
or
(b) fittings and appliances for the
protection of openings, guard rails,
the freeing ports or the means of
access to the crews, quarters have not
been maintained on the ship in as
the certificate was issued.
(4) In any such case the Director may -
(a) cancel the Load Line Certificate; or
(b) require the owner to have the ship
surveyed again to such an extent as
the Director thinks fit; and, if that
requirement is not complied with, he
may cancel the Load Line Certificate.
(5) Where a load line certificate has expired or has
been cancelled, the Director may require the owner or master
of the ship to which the certificate relates to deliver up the
certificate and the ship may be detained and if the owner or
master fails without reasonable cause to comply with such
requirement he is guilty of an offence and liable to a fine of
fifteen thousand dollars.
319. (1) No ship shall be so loaded as to submerge in
salt water, when the ship has no list, the appropriate load line
on each side of the ship, that is to say, the load line indicating
or purporting to indicate the maximum depth to which the
ship is for the time being permitted under the Load Line
Regulations to be loaded.
effective a condition as they were when
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Alteration or
defacement of
load line
marks.
(2) Where any ship is loaded in contravention of
this section, the owner or master of the ship is guilty of an
offence and liable to a fine of one hundred thousand dollars
and to such additional fine, as specified in subsection (3), as
the court thinks fit to impose having regard to the extent to
which the earning capacity of the ship was, or would have
been increased by reason of the submersion.
(3) The said additional fine shall not exceed fifty
thousand dollars for every centimetre or part thereof by
which the appropriate load line on each side of the ship was
submerged if the ship had been in salt water and without any
list.
(5) Without prejudice to any proceedings under
this section, any ship which is loaded in contravention of this
section may be detained until it ceases to be so loaded.
320.(1) The owner or master of a Guyana load line
ship who fails without reasonable cause to keep the ship
marked in accordance with this Part is guilty of an offence
and is liable to a fine of ten thousand dollars.
(2) Any person who conceals, removes, alters,
defaces or obliterates or permits any person under his control
to conceal, remove, alter, deface or obliterate any mark placed
on the ship in accordance with this Part, except with the
authority of a person entitled under the Load Line
Regulations to authorize the alteration of the mark is guilty of
an offence and is liable to a fine of fifty thousand dollars.
Guyana Shipping 215
(4) In any proceedings against an owner or master in respect of a contravention of this section, it shall be a valid defence that the contravention was due solely to deviation or
which neither the master, the owner, nor the charterer, if any, could have prevented or forestalled.
delay caused by stress of weather or any cause of force majeure
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Ships not to
proceed to sea
unless
complying with
Load Line
Regulations.
321. (1) No Guyana load line ship shall proceed to sea
unless –
(a) the ship has been surveyed in
accordance with the Load Line
Regulations either by a surveyor of
ships or by any organization
authorized to act in that behalf by the
Minister or at his request by the
Government of any Convention
Country;
(b) the ship complies with the conditions
for the assignment of load lines
prescribed in the Load Line
Regulations;
(c) the ship is marked on each side with a
mark hereinafter referred to as deck-
line indicating the position of the
uppermost deck and with marks
hereinafter referred to as load lines,
indicating the several maximum
depths to which the ship is permitted
to load in various circumstances
prescribed by the Load Line
(d) the deck-line and load lines are of the
descriptions and in the positions
required by the Load Line
Regulations.
(2) Where the ship proceeds or attempts to proceed
to sea in contravention of this section, the master or owner
thereof is liable to a fine of one hundred thousand dollars and
the ship may be detained until it has been so surveyed and
Regulations; and
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Production of
Load Line
Certificates of
Guyana ships.

Production of
Load Line
Certificates of
foreign ships.

Submersion of
Load Lines of
foreign ships.
marked.
322. The master of every load line convention ship
shall, upon request produce a valid Load Line Certificate to
the Customs Officer from whom a clearance for the ship a
port in Guyana is demanded and a clearance shall not be
granted and the ship may be detained until the certificate is
produced.
323. Unless a valid Load Line Certificate is produced
in respect of a foreign ship, the provisions of section 313 shall
apply to that ship proceeding or attempting to proceed to sea
from a port in Guyana as they apply to a Guyana ship.
324. Section 319 shall apply to foreign ships while
they are in Guyana waters as they apply to Guyana ships,
subject to the following –
(a) no load line convention ship shall be
detained and no proceeding shall be
taken against the owner or master
thereof, by virtue of that section,
except after an inspection by a
surveyor as provided for in this Part;
(b) the expression "the appropriate load
line" means –
(i) in the case where a valid
load line convention
certificate in respect of
the ship is produced on
such an inspection as
aforesaid, the load line
appearing by the
certificate to indicate the
maximum depth to
which the ship is for the
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Posting up of
Load Line
Certificate and
entry of Load
Line details in
ship's log book.
time being permitted
under the Load Line
Convention to be loaded;
(ii) in the case where a valid
load line convention
certificate is not so
produced, the load line
which corresponds with
the load line indicating
the maximum depth to
which the ship is for the
time being permitted in
accordance with the
Load Line Regulations to
be loaded.
325. (1) Where a Load Line Certificate has been issued
under this Part in respect of a Guyana load line ship –
(a) the owner of the ship shall forthwith
upon receipt of the certificate, cause it
to be framed and displayed in some
conspicuous place on board the ship,
and the certificate shall be kept so
framed and displayed and shall be
legible so long as the certificate
remains in force and the ship is in use,
and
(b) the master of the ship before making
any other entry in any official log
book, shall enter therein the
particulars as to the marking of the
deck-line and load line specified in
the certificate.
(2) Before any Guyana load line ship proceeds to
sea, the master thereof shall –
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Inspection of
ships regarding
Load Lines.
(a) enter in the official log book the
draught and freeboard relating to the
depth to which the ship is for the time
being loaded, the density of the water
in which the ship is floating and all
other particulars relating thereto in
the form as set out in the official log
book;
(b) cause a notice in the prescribed form
to be displayed in some conspicuous
place on board the ship and the notice
shall remain displayed and shall be
legible while the ship is at sea.
(3) The master or owner of any Guyana load line
ship who fails to comply with the provisions of this section is
guilty of an offence and is liable to a fine of ten thousand
dollars.
326. (1) A surveyor of ships or other marine officer
may board any ship when such ship is within Guyana waters
and may demand the production of any Load Line Certificate
for the time being in force in respect of that ship.
(2) Where a valid Load Line Certificate is produced
to the surveyor his powers of inspecting the ship with respect
to load lines shall be limited to ensuring –
(a) that the ship is not loaded beyond the
limits allowed by the certificate;
(b) that the markings of the load line on
the ship correspond with those
specified in the certificate;
(c) that no material alterations have taken
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Contravention
of Load Line
Regulations
and detention
of ship.
place in the hull or superstructure of
the ship which affect the markings of
the load lines;
(d) that the fittings and appliances for the
protection of openings, guard rails,
freeing ports and the means of access
maintained on the ship in as effective
a condition as they were when the
certificate was issued.
(3) Where a valid Load Line Certificate is not
produced to the surveyor, he shall have the same power of
inspecting the ship as provided for in section 317 as if the ship
were a Guyana load line ship.
327. (1) Where it is found upon an inspection referred
to in section 326 that a ship is loaded in contravention of
section 319, the ship may be detained and proceedings may
be taken, against the master or owner thereof under section
319.
(2) Where the load lines on the ship are not marked
as specified in the certificate, the ship may be detained until
the matter has been rectified to the satisfaction of the
surveyor.
(3) Where on an inspection a ship is found to have
been so materially altered in respect of the matters referred to
in section 326(2)(c) or (d) that it is manifestly unfit to proceed
to sea without danger to human life, the ship shall be
detained; but where the ship has been so detained the
Director shall order the ship to be released as soon as he is
satisfied that the ship is fit to proceed to sea without danger
to human life.
to the crew's quarters have been
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Bulk cargo
regulations.
Precautions
regarding grain
cargoes.
PART XII
CARRIAGE OF BULK CARGOES AND DANGROUS
GOODS
BULK CARGOES
(a) the safe carriage and stowage of bulk
cargoes having due regard to the
Code of Safety Practice for Bulk
Cargoes issued by the International
Maritime Organization and
amendments thereto or replacement
thereof;
(b) the safe carriage and stowage of grain
in compliance with the International
Convention for the Safety of Life at
Sea, 1974 and amendments thereto or
replacements thereof.
329. (1) Where grain is loaded on board any Guyana
ship, or is loaded at any port in Guyana on any ship, all
necessary and reasonable precautions shall be taken to
prevent the grain from shifting; and, if such precautions are
not taken, the owner or the master or any agent of the owner
who was charged with the loading or with sending the ship to
sea laden with the grain, is guilty of an offence and the ship
shall be deemed for the purposes of this Act to be unsafe by
reason of improper loading.
(2) Where any ship, loaded with grain outside
Guyana without necessary and reasonable precautions having
been taken to prevent the grain from shifting, enters any port
in Guyana so laden, the owner or master is guilty of an
offence and the ship shall be deemed for the purposes of this
Act to be unsafe by reason of improper loading.
328. The Minister may make regulations relating to –
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Offences.

Regulations as
to dangerous
goods.
(3) No offence is committed under subsection (2)
where the ship would not have entered any such port but for
stress of weather or any other cause of force majeure, which
neither the master, the owner nor the charterer, could have
prevented or forestalled.
(4) Any person authorized by the Director to
ensure the observance of provisions of this section may
inspect the grain, and the mode in which it is stowed and
shall have all the powers of a surveyor of ships under this
Act.
330. Any person who contravenes this Part is guilty of
an offence and is liable to a fine of fifty thousand dollars.
DANGEROUS GOODS
331. (1) The Minister may by regulations establish
which goods, articles or materials to be carried in a ship are
dangerous goods in accordance with the International
Convention for the Safety of Life at Sea, 1974 relating to the
carriage of dangerous goods and to amendments thereto or
replacements thereof, and such regulations shall have regard
to the International Maritime Dangerous Goods (IMDG) Code
of the International Maritime Organization.
(2) Without restricting the generality of the
foregoing, the Minister may by regulations prescribe –
(a) the method of packing and stowing
such goods;
(b) the quantity of such goods which may
be carried in any ship;
(c) the place or places within a ship in
which they may be carried;
(d) the marking that is to be placed on
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Carriage and
marking of
dangerous
goods.

Offences.
Rejection and
disposal of
dangerous
goods by ship.
any package or container in which
goods may be placed for shipment;
(e) the precautions that shall be taken
with respect to the carriage of such
goods and the powers of inspection
to determine compliance with the
provisions of the regulations.
332. (1) No person shall send by or carry in a Guyana
ship, except in accordance with regulations made pursuant to
section 331, any dangerous goods, save that this section shall
not apply to ships, distress signals nor to the carriage of
military stores under conditions authorized by the Minister.
(2) No person except the owner or master shall
send by or carry in a Guyana ship any dangerous goods
without first distinctly marking their nature on the outside of
the outermost package containing the same in accordance
with such regulations as the Minister may make and without
first giving written notice of the nature of such goods and of
the name and address of the sender thereof to the master or
owner of the ship.
(3) This section shall apply to all foreign ships
while loading at any place in Guyana as, they apply to
Guyana ships.
333. A person who contravenes this Part is guilty of an
offence and is liable to a fine of fifty thousand dollars and the
ship shall be deemed, for the purposes of this Act, to be
unsafe by reason of improper loading.
334. (1) The master or owner of any ship may refuse to
take on board any package or parcel that he suspects might
contain any dangerous goods and may require the package to
be opened to ascertain its nature.

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Forfeiture of
dangerous
goods.
Unseaworthy
ship.
(2) When any dangerous goods, or any goods that,
in the opinion of the master or owner of the ship, are
dangerous goods, have been sent on board any ship without
the marking or the written notice described in section 332, the
master or owner of the ship may cause the goods, together
with any package or container thereof, to be thrown
overboard; and neither the master nor the owner of the ship is
subject to civil or criminal liability in any court in respect of
such action.
335. (1) Where any dangerous goods have been sent
by or carried in any ship in a manner that would constitute an
offence under this Part, a court having admiralty jurisdiction
may order the goods, and any packaging or container thereof,
to be forfeited.
(2) A court may exercise the powers conferred by
(a) that the owner of the goods concerned
has not committed any offence in
respect of the goods, or is not before
the court, or has had no notice of the
proceedings; and
(b) that there is no evidence to show to
whom the goods belong,
but the court may, in its discretion, require such notice as it
may direct to be given to the owner or shipper of the goods
before they are forfeited.
PART XIII
SEAWORTHINESS OF SHIPS
336. In this Part "unseaworthy ship" means a ship that
is by reason of the defective condition of its hull, equipment
and machinery or by reason of under manning, overloading
subsection (1) notwithstanding –
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Sending ship to
sea in
unseaworthy
state.

Owner's
obligation to
crew regarding
seaworthiness.
or improper loading, unfit to proceed to sea without serious
danger to human life, having regard to the nature of the
service for which the ship is intended.
337. (1) Any person who sends or attempts to send
any Guyana or foreign ship to sea from any port in Guyana in
such an unseaworthy state that the life of any person is likely
to be thereby endangered shall be guilty of an offence, unless
he proves either –
(a) that he used all reasonable means to
ensure that the ship was sent to sea in
a seaworthy state; or
(b) that sending the ship to sea in such an
unseaworthy state was in the
circumstances reasonable and
justifiable.
(2) Any master of a ship, Guyana or foreign, who
knowingly takes such ship to sea from any port in Guyana in
such an unworthy state that the life of any person is likely to
be thereby endangered, shall be guilty of an offence, unless he
proves that taking the ship to sea in such an unworthy state
was in the circumstance reasonable and justifiable.
338. (1) In every contract of service express or implied,
between the owner of a ship and the master or any seaman
thereof, or in any instrument of apprenticeship whereby any
person is bound to serve on board ship, there shall be
implied, notwithstanding any agreement to the contrary, an
obligation on the owner of the ship that the owner of the ship
and the master and every agent charged with the loading of
the ship, or the preparing of the ship for sea, or the sending of
the ship to sea, shall use all reasonable means to ensure the
seaworthiness of the ship at the time when the voyage
commences and to keep the ship in a seaworthy condition
during the voyage.
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Detention of
unseaworthy
ship.
(2) Nothing in this section shall subject the owner
of a ship to any liability by reason of the ship being sent to sea
in an unseaworthy state where, owing to special
circumstance, the sending of the ship to sea in such a state
was reasonable and justifiable.
339. (1) Where, whether on a complaint or
representation made to him or otherwise, the Director or a
surveyor has reason to believe that any Guyana ship, or any
foreign ship at a port in Guyana, is an unseaworthy ship, he
shall, if the complaint or representation is made in sufficient
time before the sailing of the ship, ascertain whether or not
the ship ought to be detained.
(2) Where the Director or surveyor is satisfied that
the ship is an unseaworthy ship, he may –
(a) in the case of any ship, cause the ship
to be detained; and
(b) in the case of a Guyana ship, cause its
Safety Certificates to be suspended,
until he is satisfied that the ship is fit
to proceed to sea.
(3) Where the ship is detained pursuant to
subsection (2), the Director may adopt any measure or means
he thinks suitable or necessary to prevent the ship from
sailing while it is an unseaworthy ship.
(4) Where a foreign ship has been detained under
this section, a consular officer for the country to which the
ship belongs shall be informed forthwith.
(5) Where a ship has been dealt with under this
section, the ship may be inspected or surveyed by a, surveyor
or other marine officer to investigate any defect or deficiency
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Liability for
costs and
damages.

believed to exist.
(6) The owner or master of a ship or a consular
officer referred to in subsection (4) may require that a person
of his choice accompany any person making an inspection or
survey under this section.
(7) The surveyor or any other marine officer acting
under this section, shall as soon-as practicable after action is
completed in connection therewith forward a full report
thereof to the Director together with copies of any report
made upon inspection or survey.
(8) Any complaint in respect of the seaworthiness
of a ship shall be in writing, stating the name and address of
the complainant, and shall be given to the owner or master of
the ship if action is taken under this section.
340. (1) If it appears that there was no reasonable and
probable cause, by reason of the condition of a ship or the act
or default of the owner thereof, for the detention under this
Part of a ship as an unseaworthy ship, the Government shall
be liable to pay to the owner of the ship –
(a) his costs of and incidental to the
detention and survey of the ship, and
(b) 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 such detention unseaworthy, the owner of
the ship shall be liable to pay to the Government the costs of
and incidental to the detention and survey of the ship; and
such costs shall, without prejudice to any other remedy, be
recoverable in the same manner as salvage.

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Power to
require
complainant to
give security
for costs.

Appointment
and powers of
341. (1) Where a complaint is made to the Director, a
marine officer or a surveyor, that a Guyana ship is
unseaworthy, such officer may require the complainant to
give security to the satisfaction of such officer, for any costs
and compensation which he may become liable to pay as
mentioned in subsection (3).
(2) The security referred to in subsection (1) shall
not be required where the complaint relating to a ship –
(a) is made by one-fourth, being not less
than three of the seamen belonging to
the ship; and
(b) is not in the opinion of the Director,
marine officer or survey or, as the
case may be, frivolous or vexatious,
but in such case the Director, marine officer or surveyor, 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.
(3) Where a ship is detained in consequence of any
complaint under subsection (1), and the circumstances are
such that the Government is liable under section 340 to pay to
the owner of the ship any cost or compensation, the
complainant shall be liable to pay to the Government all such
cost and compensation as the Government incurs or is liable
to pay in respect of the detention and survey of the ship.
PART XIV
WRECK AND SALVAGE
WRECK
342. (1) The Minister shall appoint a receiver of
wrecks for Guyana who shall exercise general direction and
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receiver of
wreck.

Fees of
receiver.

Duty of
receiver where
ship is in
distress.
supervision over all matters relating to wreck and salvage.
(2) Where the receiver is absent, there may be
designated by the Minister any person to act as a receiver of
wreck in any specified area and to perform the duties of a
receiver under this Part.
343. (1) There shall be paid to the receiver the
expenses properly incurred by him in the performance of his
duties and such fees in respect of such other matters as may
be prescribed, and the receiver shall not be entitled to any
other remuneration.
(2) The receiver shall, in addition to all other rights
and remedies for the recovery of the 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 and may, if the property in respect of
which any such expenses and fees are due is not under arrest
in any court, seize or detain the property until his expenses
and fees are paid, or until security is given therefor to his
satisfaction.
(3) Whenever any dispute arises as to the amount
payable to the 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 the receiver in respect of
any services performed by him as such receiver, shall be
accounted for to the Government, and shall be applied in
defraying any expense duly incurred in carrying this Act into
effect and, subject to such application, shall be paid into the
Consolidated Fund.
344. (1) Where any vessel is wrecked, stranded or in
distress in Guyana waters or on the shores of Guyana, the
receiver shall, upon being made acquainted with the
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Power of
receiver in case
of ship in
distress

Power of
receiver to use
force to
suppress
plunder and
disorder.
circumstances, forthwith go to such place, and upon his
arrival there take command of all persons present, and assign
such duties and give such directions, to each person present
as he thinks fit for the preservation of the vessel and of the
lives of the persons belonging to the vessel, and of its cargo
and apparel.
(2) The receiver shall not interfere in any matter
arising between the master and crew of the vessel concerning
the management of the vessel, unless he is requested to do so
by the master.
345. (1) The receiver may, with a view to preserving
shipwrecked persons or a vessel, its 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 vessel near
at hand to give such aid with his crew
or vessel as is in his power; and
(c) require the use of any available
machinery, vehicle or equipment.
(2) Any person who refuses, without reasonable
excuse, to comply with any requisition or demand made
under subsection (1) or wilfully impedes or obstructs the
receiver or any person acting under his orders in the
execution of his duties shall be guilty of an offence and on
conviction thereof shall be liable to a fine not exceeding ten
thousand dollars.
346. (1) Whenever any vessel is wrecked, stranded or
in distress in Guyana waters or on the shores of Guyana, and
any person plunders, creates disorder or obstructs the
preservation of the ship or of the shipwrecked persons or of
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Power to pass
over adjoining
lands.

the cargo or apparel of the ship, the receiver may cause such
person to be apprehended and kept in custody until he can be
taken before a magistrate to be dealt with according to the
law.
(2)The receiver may use such force as may be
necessary for the suppression of any plundering, disorder or
obstruction referred to in subsection (1), and may order any
person to assist him in so doing.
(3) If any person loses his life or limb or sustains
injury by reason of his resisting the receiver or any person
acting under the orders of the receiver in the execution of the
duties entrusted to the receiver by this Part, neither the
receiver nor the person acting under his orders shall be liable
to any punishment or to pay any damages by reason of the
person losing his life or limb or sustaining any injury.
347. (1) When a vessel is wrecked, stranded or in
distress any person may for the purpose of rendering
assistance to the vessel, its cargo or apparel, or of saving the
life of any person –
(a) pass and repass, with or without
vehicles, machinery or equipment,
over any adjoining lands unless there
is some public road equally
convenient, and
(b) deposit on those lands any cargo or
other articles recovered from the
vessel,
without being impeded or hindered or being subject to
liability for trespass by the owner or occupier, but such
person may not cause any more damage to the adjoining
lands than is reasonably necessary for the purpose of
rendering that assistance.
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Duties of
person who
finds wreck.
(2) Any damage sustained by the owner or
occupier of any land in consequence of the exercise of the
rights conferred by subsection (1) shall be a charge on the
vessel, cargo or articles in respect of or by which the damage
is occasioned and the amount payable in respect of the
damage shall, in case of dispute, be determined, and shall, in
default of payment, be recoverable, in the same manner as
salvage is determined and recovered under this Part.
(3) Any owner or occupier of any land who –
(a) impedes or hinders any person in the
exercise of the rights conferred upon
him by this section, whether by
locking his gates or refusing upon
request to open such gates, or
otherwise;
(b) impedes or hinders the deposit of any
cargo or other articles recovered from
a vessel as aforesaid, on the land; or
(c) prevents or endeavours to prevent
any such cargo or other article from
remaining deposited on the land for a
reasonable time until it can be
removed to a safe place of public
deposit,
shall be guilty of an offence and upon conviction be liable to a
fine not exceeding ten thousand dollars.
348. (1) Where any person finds or takes possession of
any wreck within Guyana, or where any wreck found or
taken possession of outside Guyana is brought within
Guyana, the person finding such wreck and taking possession
thereof shall –
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Penalty for
taking wreck at
the time of
casualty.
(a) if he is the owner thereof, give notice
to the receiver, stating that he has
found or taken possession of such
wreck and describing the marks by
which the wreck may be recognized;
or
(b) if he is not the owner thereof, as soon
as possible deliver the wreck to the
receiver.
(2) The Minister may dispense with a delivery
required under subsection (1) in the case of any wreck upon
such condition as he thinks fit.
(3) Any person who fails, without reasonable
cause, to comply with provisions of subsection (1) relating to
any wreck shall be guilty of an offence and on conviction
thereof shall be liable to a fine not exceeding ten thousand
dollars, and in addition shall, if he is not the owner thereof -
(a) forfeit any claim to salvage in respect
thereof,
(b) be liable to pay to the owner of the
wreck if it is claimed, or if it is
unclaimed to the person entitled
thereto, double the value ofthe wreck,
to be recovered in the same way as a
fine of like amount under this Act.
349. (1) Where a vessel is wrecked, or in distress in
Guyana waters or on the shores of Guyana, any cargo or other
articles belonging to or separated from the vessel which are
washed ashore or otherwise lost or taken from the vessel shall
be delivered to the receiver.

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Notice of wreck
to be given by
receiver.

Delivery of
wreck to
owner.
(2) Any person whether or not the owner of any cargo
or article referred to in the preceding subsection, who
conceals or keeps possession of any such cargo or article or
refuses to deliver any such cargo or article to the receiver or
any person authorized by the receiver to demand such cargo
or article, shall be guilty of an offence and on conviction
thereof shall be liable to a fine not exceeding fifty thousand
dollars.
(3) The receiver or any person authorized by him
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.
350. Where the receiver takes possession of any
wreck, he shall within forty-eight hours –
(a) cause to be posted at the nearest
police station, and otherwise
published in such manner as he may
deem fit, a description of the wreck
and of any marks by which it is
distinguished; and
(b) if in his opinion the value of the
wreck exceeds ten thousand dollars,
send a copy of such description to the
Director.
351. (1) The owner of any wreck in the possession of
the receiver upon establishing his claim thereto to the
satisfaction of the receiver within six months from the time
when the wreck came into the possession of the receiver shall,
on paying the salvage fees and other expenses due, be entitled
to have the wreck or the proceeds thereof delivered up to
him.
(2) Where any wreck or other articles belonging to
or forming part of a foreign vessel which has been wrecked in
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Immediate sale
of wreck by
receiver in
certain cases.

Wrecked goods
subject to
duties.
Guyana waters or on the shores of Guyana, or belonging to
and forming part of the cargo thereof, is found on or near the
shores of Guyana or is brought into any port in Guyana, the
consular officer of the country to which the vessel belongs or,
in the case of cargo, the consular officer of the country of
which the owners of such cargo are citizens shall, in the
absence of the owner and of the master or other agent of the
owner, be deemed to be the agent of the owner, so far as
relates to the custody and disposal of the wreck or such other
article.
352. (1) The receiver may at any time sell any wreck
in his custody, if in his opinion –
(a) it is under the value of fifty thousand
dollars;
(b) it is so damaged or of so perishable a
nature that it cannot with advantage
be kept;
(c) it is not of sufficient value to pay for
storage; or
(d) it has not been removed within a time
specified by the receiver.
(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, rights and liabilities as if the wreck had
remained unsold.
353. (1) All wreck, being foreign goods brought or
coming into Guyana, shall be subject to the same duties as
those to which such goods would be subject if they were
imported into Guyana.

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Right to
unclaimed
wreck.
(2) If any question arises as to the origin of any
goods referred to in subsection (1), they shall be deemed to be
may on investigation determine.
(a) all goods, wares or merchandise
saved from any ship stranded or
wrecked on her homeward voyage to
be forwarded to the port of her
original destination; and
(b) 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 Commissioner
General shall take security for the due
protection of the Consolidated Fund
in respect of those goods.

354. (1) The Government of Guyana is entitled to all
unclaimed wreck found within any part of Guyana or found
or taken possession of outside Guyana and brought within
Guyana, except in any place where the Government has
granted to any person the right to any such wreck.
(2) Where no owner establishes a claim to any
wreck which –
(a) has been found in Guyana or found or
taken possession of outside Guyana
and brought into Guyana; and
(3) The Commissioner-General shall permit –
the produce of such country as the Commissioner - General
General‛ means the Commissioner General of the Revenue
Authority.
(4) For the purposes of this section ‚Commissioner
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Delivery of
unclaimed
wreck by
receiver not to
prejudice title.
Removal of
wreck by port,
harbour or
other authority.
(b) has been in the possession of the
receiver of wrecks for six months,
the receiver shall sell such wreck and pay to the Government
the proceeds thereof after deducting therefrom the expenses
of the sale, the fees payable to him and such amount of
salvage payable to salvors as the Minister in each case may
determine.
355. Upon delivery of any wreck or payment the
proceeds of sale of any wreck by the receiver of wreck
pursuant to this Part, the receiver shall be discharged from all
liability in respect thereof, but the delivery thereof shall not
prejudice or affect any question which may be raised by third
parties concerning the right or title to the wreck.
356.(1) Where any vessel is sunk, stranded, wrecked
or abandoned in any port or harbour, or in any approaches
thereto, in such manner as in the opinion of the Director, to be
likely to be an obstruction or danger to navigation or to life
boats engaged in life boat service in that harbour or port or in
any approach thereto, the Department may –
(a) take possession of, and raise, remove
or destroy the whole or any part of
the vessel;
(b) light or buoy the vessel or part of such
vessel until the raising, removal or
destruction thereof,
(c) subject to subsections (2) and (3), sell
in such manner as it thinks fit the
vessel or the part thereof so raised or
removed, and also any other property
recovered in the exercise of its powers
under this section, and out of the
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Breaking and
removal of
wrecks.
proceeds of the sale reimburse itself
for the expenses incurred, and hold
the surplus, if any, in trust for the
persons entitled thereto:
Provided, however, that such surplus shall be paid into
the Consolidated Fund unless such persons establish a claim
thereto within one year of the sale.
(2) Except in the case of property which is of a
perishable nature, or which would deteriorate in value by
delay, a sale shall not be made under this section, until at least
seven clear days' notice of the intended sale has been given in
the Gazette or by advertisement in a local newspaper.
(3) At any time before any property is sold under
this section, the owner thereof shall be entitled to have such
(4) If the proceeds of sale of any property sold
under this section are less than the costs incurred by the
Department may recover such difference from the owner of
the vessel concerned by civil action.
357. (1) If any person, being the owner of any vessel or
any wrecked, submerged, sunken or stranded vessel or being
the agent or servant of such owner, wishes to break up such
vessel prior to the removal thereof from Guyana, such person
shall before commencing salvage or breaking up operations,
obtain the written permission of the receiver.
(2) On receiving any application for permission to
break up any vessel under this section, the receiver may grant
such permission and may, in granting such permission –
for the purpose by the Director.
owner or, failing such agreement, by some person to be named
of the fair market value thereof, and such value shall be
ascertained by agreement between the Director and such
property delivered to him on payment to the Department
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Extent of
power of
removal of
wreck.
Taking wreck
to a foreign
port.

Unauthorised
boarding of
wreck.
(a) stipulate such conditions as he
considers necessary to minimise the
risks, or effects of any pollution; and
(b) require security in such reasonable
amount as he may consider necessary
to ensure the safe and effective
removal of such vessel or any portion
thereof.
(3) Any person who, without the previous written
permission of the receiver does or causes to be done any
salvage or breaking up operations on any vessel or any
wrecked, submerged, sunken or stranded vessel lying within
Guyana, shall be guilty of an offence and on conviction
thereof shall be liable to a fine not exceeding fifty thousand
dollars, and to imprisonment for a term not exceeding one
year.
358. The provisions of this Part relating to the removal
of wrecks shall apply to every article or thing being or
forming part of the tackle, cargo, stores or ballast of a vessel.
359. Any person who takes into any foreign port and
sells there any vessel, whether stranded, derelict or otherwise
in distress, found in Guyana, or any part of the cargo or
apparel thereof or anything belonging thereto, or any wreck
found in Guyana, shall be guilty of an offence and on
conviction thereof shall be liable to a fine not exceeding fifty
thousand dollars and to imprisonment of a term not
exceeding three years.
360. (1) A person shall not, without the leave of the
master, board or endeavour to board any vessel which is
wrecked, stranded or in distress, unless he acts under the
authority of the receiver or a person lawfully acting as such.
(2) Any person who contravenes subsection (1)
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Interfering with
wreck, etc.


Summary
procedure for
concealment of
wreck
may be removed by the master of the vessel, if necessary by
force, and shall also be guilty of an offence and on conviction
thereof shall be liable to a fine not exceeding five thousand
dollars.
(3) Where a person refuses to allow any person
duly authorized by the receiver to board any wreck, he is
guilty of an offence and is liable to a fine of five thousand
dollars.
361.(1) A person shall not –
(a) impede or hinder or endeavour in any
way to impede or hinder, the saving
of any vessel stranded or in danger of
being stranded or otherwise in
distress or any part of the cargo or
apparel thereof, or any wreck;
(b) conceal any wreck or deface obliterate
any marks thereon; or
(c) wrongfully carry away or remove any
part of a vessel stranded or in danger
of being stranded or otherwise in
distress, or any part of the cargo or
apparel thereof, or any wreck.
(2) Any person who contravenes subsection (1)
shall be guilty of an offence and on conviction therefore shall
be liable to a fine not exceeding ten thousand dollars.
362. Where the receiver suspects or receives
information that any wreck is secreted or is 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 a
Magistrate for a search warrant under this section.

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Interpretation.

Non-
application to
platforms and
drilling.

SALVAGE
363. For the purpose of sections 364 to 397 'damage to
the environment' means a substantial physical damage to
human health or to marine life or resources in coastal or
inland waters or areas adjacent thereto, caused by pollution,
contamination, fire, explosion or similar major accidents;
"maritime casualty" means a collision of vessels, stranding or
other incident of navigation or other occurrence on board
a vessel or external to it, resulting in material damage or
imminent threat of material damage to a vessel or cargo;
"payment" means any reward, remuneration or compensation
due under this Part;
"salvor" means any person rendering salvage services;
"salvage operation" means any act or activity undertaken to
assist a vessel or any other property in danger in
navigable waters or in any other waters;
"services salvage " means services rendered in direct
connection with salvage operations;
‚property" means any property not permanently and
intentionally attached to the shoreline and includes
freight at risk;
"Salvage Convention" means the International Convention on
Salvage 1989.
364. Sections 363 to 397 shall not apply to fixed
floating platforms or to mobile off-shore drilling units when
such platforms or units are on location engaged in the
exploration, exploitation or production of sea-bed mineral
resources.

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Non-
application to
foreign state-
owned vessel.


Life salvage.

Salvage of
cargo.
365. (1) Sections 363 to 397 shall not apply to warships
or other non- commercial vessels owned or operated by a
foreign State and entitled at the time of salvage operations, to
sovereign immunity under generally recognized principles of
international law unless that State has decided to apply the
Convention to such ships or vessels.
(2) For the purposes of any proceedings under this
Act, a certificate signed by the Secretary-General of the
International Maritime Organization, setting out a State's
decision to apply the Salvage Convention to ships and vessels
referred to in subsection (1) and the terms and conditions of
such application, shall be prima facie evidence of the facts
stated therein.
366. (1) Where services are rendered –
(a) wholly or in part in Guyana waters in
saving life from any vessel or aircraft;
or
(b) outside Guyana waters, in saving life
from any Guyana vessel,
the owner of the vessel, aircraft, cargo or apparel saved shall
pay to the salvor a reasonable amount of salvage to be
determined in the manner set out in this Part.
(2) Salvage in respect of the preservation of life,
when payable by the owners of a vessel, shall have priority
over all other claims for salvage.
(3) Under no circumstances shall salvage be due
from a person whose life has been saved.
367. (1) Where any vessel or aircraft is wrecked,
stranded or in distress in Guyana waters or on the shores of
Guyana and services are rendered –
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Services
excluded from
salvage
remuneration.
(a) by any person assisting the vessel or
aircraft or saving the cargo or apparel
of the vessel or any part thereof,
(b) by any person other than the receiver
in saving any wreck,
the owner of the vessel, aircraft, cargo, apparel or wreck shall
pay to the salvor, a reasonable amount of salvage, to be
determined in the manner set out in this Part.
(2) A salvor of human life, who has participated in
services rendered in the event of a maritime casualty giving
rise to salvage, shall be entitled to an appropriate share of the
remuneration awarded to the salvor for salving the vessel or
other property or preventing or minimizing damage to the
environment.
368. Nothing in this Part shall entitle any person to
salvage remuneration –
(a) in respect of salvage services rendered
contrary to any express and
reasonable prohibition of such
services on the part of the vessel or
aircraft or by the owner of property to
which such services are rendered;
(b) in respect of services rendered by a
tug to, or in respect of the vessel or
aircraft which she is towing or the
cargo thereof, except where such
services are of an exceptional
character such as are outside the
scope of the contract of towage ;
(c) if he has caused the distress giving
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Conditions for
salvage
remuneration.



Salvage
contracts.

Annulment or
modification of
contracts.
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.
369. (1) Except as otherwise provided in section 378
no remuneration shall be due under this Act if the salvage
operations had no useful result.
(2) A salvor shall be entitled to remuneration
under this Part notwithstanding that the vessel, or aircraft
performing the salvage operation and the vessel, aircraft,
cargo or other property salved belong to the same owner.
370. (1) Sections 363 to 397 shall apply to any salvage
operation unless a contract expressly or by implication
provides otherwise.
(2) The master of a Guyana vessel shall have the
authority to conclude contracts for salvage operations on
behalf of the owner of the vessel, and the master and the
owner of a Guyana vessel shall have the authority to conclude
contracts on behalf of the owner of property on board the
vessel.
(3) Nothing in this section shall affect the
application of Section 371 or the duties to prevent or
minimize damage to the environment provided in paragraph
(b) of section 372 and paragraph (b) of section 373.
371. Any contract relating to salvage or any terms
thereof may be annulled or modified by a competent Court,
where it appears to the Court, that –
(a) the contract had been entered into
under undue influence or the
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Duties of
Salvor.

Duties of
owner and
master.

influence of danger and its terms are
inequitable; or
(b) the payment under the contract is too
large or too small for the services
actually rendered.
372. The salvor shall owe a duty to the owner of the
vessel or other property in danger to –
(a) carry out the salvage operation with
due care;
(b) exercise due care to prevent or
minimize damage to the environment
in performing the duty specified in
paragraph (a);
(c) seek assistance from other salvors
whenever the circumstances
reasonably so require; and
(d) accept the intervention of other
salvors when reasonably requested to
do so by the owner or master of the
vessel or of other property in danger
provided that the amount of his
reward shall not be prejudiced where
he proves that such a request was
unreasonable.
373. The owner and master of the vessel or the owner
of other property in danger shall owe a duty to the salvor –
(a) to co-operate fully with him during
the course of the salvage operations;
(b) in performing the duty specified in
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Powers of
Director.
paragraph (a) to exercise due care to
prevent or minimize damage to the
environment; and when the vessel or
other property has been bought to a
place of safety to accept redelivery
when reasonably requested to do so
by the salvor.
374.(1) The Director may –
(a) give directions in relation to any
salvage operation; and
(b) take measures in accordance with
generally recognized principles of
international law to protect the
environment from pollution following
a maritime casualty or acts relating to
such casualty which may reasonably
be expected to result in harmful
consequences.
(2) The Director shall, in giving directions and
taking measures under subsection (1) take into account the
need for co-operation between salvors, other intersected
parties and the Department in order to ensure the efficient
and successful performance of salvage operations for the
purpose of saving life or property in danger as well as
preventing damage to the environment in general.
(3) Any public officer or other person acting under
directions of the Director as referred to in this section shall be
under a duty to exercise due care in preventing or
minimizing damage to the environment.
(4) Any public authority or an officer thereof who
is reasonably within the vicinity of a vessel or person in
distress or danger of being lost at sea shall render assistance
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Criteria for
fixing salvage
reward.
to salve the vessel and life by co-operating in –
(a) the procurement and provision of
facilities to salvors;
(b) the admittance to the port of vessels
in distress;
(c) ensuring the efficient and successful
performance of the, salvage operation
for the purpose of salving life or
property; and
(d) preventing or minimizing damage to
the environment.
375. Salvage reward shall be fixed with a view to
encourage salvage operations, taking into account the
following criteria without regard to the order in which they
are listed –
(a) the salved value of the vessel and
other property;
(b) the skill and efforts of the salvors in
preventing or minimizing damage to
the environment;
(c) the measure of success achieved by
the salvor;
(d) the nature and degree of the danger;
(e) the skill and efforts of the salvors in
salving the vessel, other property and
life;
(f) the time used and the expenses and
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Responsibility
for payment of
reward.

Quantum of
reward.
Special
compensation.
losses incurred by the salvors;
(g) the risk of liability and other risks run
by the salvors or their equipment;
(h) the promptness of the services
rendered;
(i) the availability and use of vessels or
other equipment intended for salvage
operations; and
(j) the state of readiness and efficiency of
the salvors' equipment and the value
thereof.
376. (1) Payment of a reward fixed in accordance with
Section 375 shall be made by all of the owners of the vessel
and other property interests in proportion to their respective
salved values.
(2) For expediency the shipowner shall pay the
reward on behalf of all interests referred to in subsection (1)
subject to his retaining the right to be reimbursed by these
other interests.
(3) The shipowner who makes the payment under
subsection (2) may require the other interests to provide
security not exceeding the values of their respective salved
interests until he has been fully reimbursed.
377. The salvage reward excluding any interest and
recoverable legal costs that may be payable thereon, shall not
exceed the salved value of the vessel and other property
salved.
378. (1) Where a salvor has carried out salvage
operations in respect of a vessel which by itself or its cargo
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threatened damage to the environment and has failed to earn
a reward under this Part equivalent at least to the special
compensation assessable under subsection (2), he shall be
entitled to special compensation from the owner of that vessel
equivalent to his expenses as defined in subsection (3).
(2) Where in the circumstances set out in
subsection (1), the salvor by his salvage operations has
prevented or minimized damage to the environment, the
special compensation payable by the owner to the salvor
under subsection (1) may be increased up to a maximum of
thirty per cent of the expenses incurred by the salvor; and the
court or person determining the award may where it or he
deems it fair and just, increase such special compensation
further; bearing in mind the criteria set out in section 375; but
in no event shall the total increase be more than one hundred
per cent of the expenses incurred by the salvor.
(3) For the purposes of subsection (1) and (2),
"salvor's expenses" means the out of pocket expenses
reasonably incurred by the salvor in the salvage operation
and a fair rate for equipment and personnel actually and
reasonably used in the salvage operation, taking into
consideration the criteria set out in paragraphs (h), (i) and (j)
of Section 375.
(4) The total special compensation assessable
under this section shall be paid only if and to the extent that
such compensation is greater than any reward recoverable
under section 375.
(5) Where the salvor, in carrying out the salvage
operations, has acted negligently and has thereby failed to
prevent or minimize damage to the environment, he may be
deprived of the whole or a part of any special compensation
payable under this section.
(6) Nothing in this section shall affect any right of
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Services
rendered under
existing
contracts.

Apportionment
between
salvors.

Salvor's
misconduct.

Maritime lien.

recourse available to the owner of the vessel.
379. No payment is due under this Act unless the
services rendered exceed what can be reasonably considered
as due performance of a contract entered into before the
danger giving rise to the salvage operations arose.
380. (1) The apportionment between salvors of a
reward, fixed under section 375 shall be made on the basis of
the criteria listed in that section.
(2) The apportionment between the owner, master
and other persons in the service of each salving vessel shall be
determined by the law of the State in which such vessel is
registered.
(3) Where the salvage referred to in subsection (1)
has not been carried out from a vessel, the apportionment
shall be determined by the law governing the contract
between the salvor and his servant; and in the absence of
formal contract the court or person determining the
apportionment and disbursement shall apply general
principles of law and equity according to the merits of the
cases in order to reach a just and equitable decision.
381. A salvor may be deprived of the whole or part of
the payment due to him under this Part to the extent that the
salvage operation has become necessary or more difficult
because of fault or neglect on his part or if the salvor has been
guilty of fraud or other dishonest conduct.
382. Nothing in this Part shall affect the salvor's
maritime lien under Part IV, provided however that the
salvor may not enforce his maritime lien when reasonable
security for his claim, including interest and costs, has been
tendered or provided.

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Duty to
provide
security.

Interim
payment.


383. (1) A person liable for a payment under this Act
shall, upon the request of the salvor, give security to the
satisfaction of the salvor for the claim, including interest and
costs of the salvor.
(2) Without prejudice to subsection (1), the owner
of the salved vessel shall take all reasonable steps to ensure
that the owner of the cargo provides security to the
satisfaction of such owner of the vessel or of the salvor for the
claims against them, including interest and cost, before the
cargo is released.
(3) The salved vessel and property shall not,
without the consent of the salvor, be removed from the port
or place at which they first arrive after the completion of the
salvage operation, until security to the satisfaction of the
salvor has been put up for the salvor's claim against the
relevant vessel or property.
(4) In the event of any dispute between the salvor
and a person liable for a payment under this Act, or between
the owner of the vessel and the owner of the cargo referred to
in subsection (2), relating to the security to be provided under
this section, the Court having jurisdiction over the salvors'
claim may, upon the application of any such party in that
behalf, decide the amount and the terms of such security.
384. (1) The Court or person adjudicating the claim of
the salvor may, upon the application of the salvor, make an
interim order for payment to the salvor of such amount as the
Court or person may deem fair and just, and on such terms
including terms as to security where appropriate, as may be
fair and just in the circumstances of the case.
(2) In the event of any interim payment under
subsection (1) the security provided under section 383 shall be
reduced accordingly.

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State-owned
cargoes.


Humanitarian
cargoes.


Determination
of salvage
dispute.
385. Non-commercial cargoes owned by a State and
entitled at the time of salvage operations, to sovereign
immunity under generally recognized principles of
international law, shall not be subject to seizure, arrest or
detention by any legal process, or to any in rem proceedings,
without the express consent of the State owner of such cargo.
386. No humanitarian cargoes donated by a State shall
be subject to seizure, arrest or detention, where such State has
agreed to pay for salvage service rendered in respect of such
humanitarian cargoes.
387.(1) Disputes as to the amounts of salvage, whether
rendered within or outside Guyana arising between the
salvor and the owners of any vessel, aircraft, cargo, apparel or
wreck shall, if not settled by agreement, arbitration or
otherwise, be determined summarily by a Magistrate's Court
in any case where –
(a) the parties to the dispute consent;
(b) the value of the property saved does
not exceed five hundred thousand
dollars; or
(c) the amount claimed does not exceed
fifty thousand dollars.
(2) Subject to subsection (1) disputes as to salvage
shall be determined by the High Court, but if the claimant
does not recover in the High Court more than five hundred
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 is a fit one to be
tried by the High Court.
(3) A dispute relating to salvage may be
determined on the application either of the salvor or of the
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Rescission of
salvage
agreement.

Appeal in cases
of salvage
dispute.
Valuation of
property
salvaged.

Detention of
property liable
to salvage by
receiver.
owner of the property saved, or of their respective agents.
(4) The Court or the arbitrators to whom a dispute
as to salvage is referred for determination may for the
purpose of determining any such dispute call to their
assistance as an assessor, any person knowledgeable in
maritime affairs and there shall be paid as part of the costs of
the proceedings to every such assessor in respect of his
services such sum as may be prescribed.
388. Every agreement relating to salvage entered into
urgently and under threat of danger may, at the request of
either party thereto, be annulled or modified by the High
Court where the Court considers that the terms and
conditions of such agreement are not reasonable.
389. Where a dispute relating to salvage has been
determined by a Court or other tribunal, any party aggrieved
by the decision may appeal therefrom, in like manner as in
the case of any other judgment.
390.(1) Where any dispute relating to salvage arises,
the Director may, on the application of either party, appoint a
valuer to value the property, and where such a valuation is
made shall give copies of the valuation to both parties.
(2) Any copy of a valuation made under subsection
(1) purporting to be signed by the valuer and certified as a
true copy shall be admissible in evidence in any subsequent
proceedings.
(3) Such fee as the Director may direct, shall be
paid in respect of any valuation made under this section by
the person applying for such valuation.
391. (1) Where salvage is due to any person under this
Act, the receiver shall –

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Sale of
detained
property.
(a) where the salvage is due in respect of
services rendered in assisting any
vessel or aircraft or in saving life
therefrom or in saving the cargo or
apparel thereof, detain the vessel,
aircraft, cargo or apparel; and
(b) where the salvage is due in respect of
the saving of any wreck, and the
wreck is not sold as unclaimed under
this Act, detain the wreck.
(2) Except as hereinafter provided, the receiver
shall detain the vessel or aircraft and the cargo or apparel or
the wreck, until payment is made for salvage or process is
issued for the arrest or detention by a court.
(3) The receiver may release any vessel, aircraft,
cargo, apparel or wreck detained under this section, where
security is given to his satisfaction or to the satisfaction of a
Judge of the High Court where the claim for salvage exceeds
fifty thousand dollars, and any question is raised as to the
sufficiency of the security.
(4) Any security given for salvage in pursuance of
this section to an amount exceeding fifty thousand dollars
may be enforced by a competent court in the same manner as
if bail had been granted in that court.
392. (1) The receiver may sell any vessel, aircraft,
cargo, apparel or wreck detained by him under section 391,
when the person liable to pay the salvage in respect of which
the property is detained are aware of the detention, in the
following circumstances –
(a) where the amount is not disputed and
payment of the amount due is not
made within twenty days after it has
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Apportionment
of small
amounts of
salvage.
become due;
(b) where the amount is disputed but no
appeal lies from the decision of the
court to which the dispute was
referred, and payment is not made
within twenty days after the decision
of the court;
(c) where the amount is disputed and an
appeal lies from the decision of the
court which the dispute is referred,
and within thirty days after the
decision of the court no payment of
the sum is made for proceedings are
not commenced the purpose of appeal
or of obtaining leave to appeal.
(2) The proceeds of sale of any vessel, aircraft,
cargo, apparel or wreck shall, after deduction of the costs of
the sale, be applied by the receiver in payment of the costs of
salvage and the balance of the proceeds shall he paid to the
owners of the property, or any other person entitled thereto
or in the absence of any such owners or person, to the
Consolidated Fund.
393. (1) Where the aggregate' amount of salvage
payable in respect of salvage services rendered in Guyana has
been finally determined either by a Magistrate in the manner
provided by this Part or by agreement, and does not exceed
fifty thousand dollars, but a dispute arises as to the
apportionment thereof among several claimants, the person
liable to pay such amount may apply to the receiver for
permission to pay such amount to the receiver.
(2) The receiver may, where he considers
appropriate, receive the amount referred to in subsection (1)
and shall grant to the person paying the amount a certificate
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Apportionment
of salvage by
High Court.
stating the amount paid and 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 vessel,
aircraft, cargo, apparel and effects, against the claims of all
persons whomsoever in respect of the services mentioned in
the certificate.
(4) The receiver shall, promptly distribute any
amount received by him under his section among the persons
entitled thereto 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 the
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.
394. Whenever the aggregate amount of salvage
payable in respect of salvage services rendered in Guyana has
been finally ascertained and exceeds fifty thousand dollars,
and whenever the aggregate amount of salvage payable in
respect of salvage services rendered outside Guyana 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
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Salvor's right to
interest.

Application to
the
Government.

hands 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
for the purposes aforesaid issue such process as it thinks fit.
395. A salvor shall be entitled to be paid interest on
any payment due to him under this Part, and the amount of
such interest shall be at the discretion of the Court or person
adjudicating the case.

396. (1) Where civil salvage services are rendered by
or on behalf of the Government, or with the aid of
Government property, the Government shall, subject to any
regulations made under this section, be entitled to claim
salvage in respect of those services to the same extent, and
shall have the same rights and remedies as any other salvor.
(2) Subject to the provisions of any law for the time
being in force relating to proceedings against the
Government, and of any regulations made under this section,
the provisions of this Part, except and to such extent as may
be prescribed, shall apply in relation to salvage services
rendered in assisting any ship or aircraft of the Government,
or in saving life therefrom, or in saving any cargo or
equipment belonging to the Government, in the same manner
as if the ship or aircraft or cargo or equipment belonged to a
private person.
(3) No claim shall, by virtue of this section, lie
against the Government in respect of anything done or
suffered in relation to any postal article.
(4) The Minister may make regulations providing
for the application or modification of the provisions of this
Part to ships and aircraft referred to in subsection (1), and in
relation to the services referred to in subsection (2).
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Time limit for
salvage
proceedings.
Power of the
Minister to
make
regulations
respecting
passenger
ships.
397. (1) No action shall be instituted in respect of any
salvage services unless proceedings therein are commenced
within two years after the date when the salvage services
were rendered; but the court may extend any such period to
such extent and on such conditions as it considers fit.
(2) An action for indemnity by a person liable
under this Part may be instituted within two years after the
date of termination of the salvage operations, but the court in
may extend the limitation period to such extent and on such
conditions as it considers fit.
PART XV
PASSENGER SHIPS
398. (1) The Minister may make regulations –
(a) respecting accommodation, facilities
and provisions on board passenger
ships which carry passengers from a
port in Guyana.
(b) requiring the preparation and
furnishing of particulars as to all
passengers to or from a port in
Guyana;
(c) regulating the number of passengers
which a ship may carry from a port in
Guyana whether or not the ship is a
passenger ship; and
(d) prescribing the terms and conditions
upon which ships may carry
passengers between ports in Guyana.
(2) In making regulations pursuant to subsection
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Offences in
connection
with passenger
ships.
(1), the Minister shall have due regard to the International
Convention on the Carriage of Passengers and their luggage
on Board Ships, 1974.
(3) The Minister may waive or vary the regulations
referred to in subsection (1) in respect of their application to
licensed Guyana passenger ships operating solely within
Guyana waters.
399. (1) Any person on board or attempting to board a
passenger ship in Guyana is guilty of an offence who –
(a) on account of being drunk and
disorderly is, either refused admission
to a passenger ship or where he is
already on board, is requested by the
owner or any person in his employ to
leave the ship, and after having the
amount of any fare paid by him
returned or tendered to him,
nevertheless persists in attempting to
enter the ship, or where he is already
on board, does not leave the ship;
(b) after warning by the master or other
officer of the ship, molests or
continues to molest any passenger;
(c) on account of the ship being full, is
either refused admission to a
passenger ship, or where he is already
on board, is requested by the owner
or any person in his employ to leave
the ship, and after having the amount
of any fare paid by him returned or
tendered to him, nevertheless persists
in attempting to enter the ship, or
where he is already on board, does
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not leave the ship;
(d) travels or attempts to travel in the
ship without first paying his fare and
with intent to avoid payment thereof;
(e) having paid his fare for a certain
distance, knowingly and wilfully
proceeds in the ship beyond that
distance without first paying the
additional fare for the additional
distance, intending to avoid payment
thereof,
(f) on arriving in a ship at a point to
which he has paid his fare, knowingly
refuses or neglects to leave the ship;
(g) fails, when requested by the master or
other officer thereof, either to pay his
fare or exhibit such ticket or other
receipts showing the payment of his
fare as is usually given to persons
travelling by and paying their fare for
the ship; or
(h) wilfully does or causes to be done
anything in such a manner as to
obstruct or injure any part of the
machinery or tackle of the ship, or to
obstruct, impede or molest the crew
or any of them in the navigation or
management of the ship or otherwise
in the execution of their duty on or
about the ship.
(2) A person who is guilty of an offence under this
section is liable to a fine of ten thousand dollars and to
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Interpretation.

Persons
entitled to limit
liability.
imprisonment for three months.
PART XVI
LIMITATION AND DIVISION OF LIABILITY
400. For the purposes of this Part –
"ship" includes every description of lighter, barge or like
vessel, however propelled and any structure launched
and intended for use in navigation as a ship or as a part
of a ship; and
"shipowner" includes charterer, manager or operator of a
ship;
"salvage services" means services rendered in direct
connection salvage operations;
"salvor" means any person rendering salvage services;
"salvage operation" includes the operations referred to in
section 402 (1) (d), (e)and (f);
"unit or account" means the special drawing right as defined
in the Articles of Agreement of the International
Monetary Fund, being the First Schedule to the
International Financial Organisations Act.
401. (1) Shipowners and salvors may limit their
liabilities in accordance with this Part.
(2) An insurer of liability for claims subject to
limitation under this Part shall be entitled to, the benefit of
limitation to the same extent as the assured.
(3) A person for whose act, neglect or default, the
shipowner or salvor is responsible, may limit his liability
under this Part.
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Claims subject
to limitation.
402. (1) Subject to sections 403 and 404, the following
claims shall be subject to limitation of liability regardless of
the basis of liability –
(a) claims in respect of loss of life or
personal injury or loss of or damage
to property, including damage to
harbour works, basins and waterways
and aids to navigation, occurring on
board or in direct connection with the
operation of the ship or with salvage
operations, and consequential loss
resulting therefrom;

(b) claims in respect of loss resulting
from delay in the carriage by sea of
cargo, passengers or their luggage;
(c) claims in respect of other loss
resulting from infringement of rights
other than contractual rights,
occurring in direct connection with
the operation of the ship or salvage
operations,
(d) claims in respect of the raising,
removal, destruction or the
rendering, harmless of a ship which is
sunk, wrecked, stranded or
abandoned, including, anything that
is or has been on board such ship;
(e) claims in respect of the removal,
destruction or the rendering harmless
of the cargo of the ship;
(f) claims of a person other than the
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Liability
against ships
and invoking
limitation not
an admission of
liability.
Claims
excepted from
limitation.
person liable in respect of measures
taken in order to avert or minimize
loss for which the person liable may
limit his liability in accordance with
this Part, and further loss caused by
such measures.
(2) The claims referred to in subsection (1) shall be
subject to limitation of liability even if brought by way of
recourse or for indemnity under a contract or otherwise, so
however that, the claims referred to in paragraphs (d), (e) and
(f) of subsection (1) shall not be subject to limitation to the
extent that they relate to remuneration under a contract with
the person liable.
403. For the purposes of this Part, the liability of a
shipowner shall include liability in an action against his ship,
and the act of invoking limitation shall not constitute an
admission of liability.

404. Limitation of liability under this Part shall not
apply to the following claims –
(a) claims for salvage or contribution in
general average;
(b) claims by servants of the ship owner
or salvor whose duties are connected
with the ship or the salvage
operations, including claims of their
heirs, dependents or other persons
entitled to make such claims, if under
the contract of service between the
shipowner or salvor and such
servants the shipowner or salvor is
not entitled to limit his liability in
respect of such claims, or if he is
under such claims, or if he is under
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Conduct
barring limita-
tion.

Counter-
claims.

Limits of
liability
calculation
such contract only permitted to limit
his liability to an amount greater than
that provided for in section 407;
(c) claims in respect of air-cushioned
vehicles and floating platforms
constructed for the purpose of
exploiting the natural resources of the
sea-bed or the sub-soil thereof.
405. A person liable shall not be entitled to limit his
liability if it is proved that the loss resulted from his personal
act or omission, committed with the intent to cause such loss,
or recklessly and with knowledge that such loss would
probably result.
406. Where a person entitled to limitation of liability
under this Part has a claim against the claimant arising out of
the same occurrence, their respective claims shall be set off
against each other and the provisions of this Part shall only
apply to the balance, if any.
407. The limits of liability for claims other than those
provided for in section 408, arising on any distinct occasion,
shall be calculated as follows –
(a) in respect of claims for loss of life or
personal injury -
(i) 333,000 Units of Account
for a ship with a tonnage
not exceeding 500 tons;
(ii) for a ship with a tonnage
in excess thereof, the
following amount in
addition to that
mentioned in
subparagraph (i) -

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(A) for each ton from
501 to 3,000 tons,
500 Units of
Account;
(B) for each ton from
3,001 tons, 333
Units of Account;
(C) for each ton from
3,002 to 70,000
tons, 250 Units of
Account; and
(D) for each ton in
excess of 70,000
tons, 167 Units of
Account;
(b) in respect of any other claims –
(i) 167,000 Units of Account
for a ship with a tonnage
not exceeding 500 tons;
(ii) for a ship with a tonnage
in excess thereof the
following amount in
addition to that
mentioned in sub-
paragraph (1)-
(A) for each ton from
501 to 30,000 tons,
167 Units of
Account;
(B) for each ton from
30,001 to 70,000
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Priorities.
Measurement
of ship's
tonnage.
Limitation of
liability of port
authorities and
owners of
docks.
tons, 125 Units of
Account; and
(C) for each ton in
excess of 70,000
tons, 183 Units of
Account.
408. (1) Where the amount calculated in accordance
with paragraph (a) of section 407 is sufficient to pay the
claims mentioned therein in full, tile amount calculated in
accordance with paragraph (b) of section 407 shall be
available for payment of the unpaid balance of claims under
paragraph (a) of section 407 and such unpaid balance shall
rank rateably with claims mentioned under paragraph (b) of
section 407.
(2) Without prejudice to the right of claim for loss
of life or personal injury referred to in paragraph (a) of section
407, claims referred to in section 410 shall have priority over
the claims referred to in paragraph (b) of section 407.
(3) The limits of liability for any salvor not
operating from any ship or for any salvor operating solely on
the ship to, or in respect of which he is rendering, salvage
services, shall be calculated according to a tonnage of 1,500
tons.
409. For the purposes of this Part, a ship's tonnage
shall be her gross tonnage as defined in the Tonnage
Regulations, and shall be measured in accordance with the
said Regulations.
410. (1) Where the owners of a dock or canal or any
Harbour or port authority may be liable for any loss or
damage caused to any vessel or vessels or to any goods,
merchandise or other things whatsoever on board any vessel
or vessels, such owners shall not be liable to damage beyond
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Limit for
passenger
claims.

any aggregate amount equivalent to 70 units of account for
each ton of the tonnage of the largest Guyana ship that, at the
time of such loss or damage occurring, is or within a period of
five years previous thereto has been within the area over
which such dock or canal owner or port or harbour authority
performs any duty or exercises any power.
(2) For the purpose of this section, a ship shall not
be deemed to have been within the area over which a port or
harbour authority performs any duty or exercises any power
by reason only that it has been built or fitted out within such
area or that it has taken shelter within or passed through such
area on a voyage between two places both situated outside
that area or that it has loaded or unloaded cargo or
passengers within that area.
(3) The limitation of liability under this section
shall relate to the whole of any loss or damage which may
arise upon one distinct occasion, although such loss or
damage may be sustained by more than one and shall apply
whether the liability arises at common law or under any
enactment and notwithstanding anything contained in any
enactment.
(4) For the purposes of this section, the expression
"owner of a dock or canal" includes any person or authority
having the control and management of any dock or canal and
any ship repairer using, the same, as the case may be.
(5) Nothing in this section shall impose any
liability in respect of any loss or damage on any such owners
or authority in any case where no such liability would have
existed if this Act had not been enacted.
411. (1) In respect of claims arising on any distinct
occasion for loss of life or personal injury to passengers of a
ship, the limit of liability of the shipowner thereof shall be an
amount of 46,666 Units of Account multiplied by the number
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Conversion of
unit of account
to Guyana
funds.

Aggregation of
claims.
of passengers which the ship is authorized to carry according
to the ship's certificate, but not exceeding 25 million Units of
Account.
(2) For the purpose of this section ‚claims for loss of
life or personal injury to passengers of a ship‛ shall mean any
such claims brought by or on behalf of any person carried in
that ship –
(a) under a contract of passenger
carriage;
(b) who, with the consent of the carrier, is
accompanying a vehicle or live
animals which are covered by a
contract for the carriage of goods,
412. The amounts referred to in sections 407 and 411
shall be converted into Guyana dollars according to the value
of the Guyana dollar on the date the security or guarantee
referred to in section 414 shall have been deposited.
413. (1) The limits of liability determined in
accordance with section 407 shall apply to the aggregate of all
claims which arises on any distinct occasion -
(a) against the shipowner and any person
for whose act, neglect or default he
may be responsible; or
(b) against the shipowner of a ship
rendering salvage services from that
ship and the salvor or salvors
operating from such ship and any
person for whose act, neglect or
default he or they are responsible; or
(c) against the salvor or salvors who are
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Provision of
security and
release of ship.

Distribution of
the funds.

not operating from a ship or who are
operating solely on the ship to, or in
respect of which, the salvage services
are rendered and any person for
whose act, neglect or default he or
they are responsible.
(2) The limits of liability determined in accordance
with section 411 shall apply to the aggregate of all claims
subject thereto which may arise on any distinct occasion
against the shipowner in respect of the ship referred to in
section 411 and any person for whose act, neglect or default
he may be responsible.
414. (1) Any person alleged to be liable and seeking to
limit his liability under this Part shall deposit into the High
Court an amount at least equivalent to the limit provided for
in section 407 or section 411 as appropriate, in the form of a
security or guarantee, together with interest thereon from the
date of the occurrence giving rise to the liability until the date
such security or guarantee is deposited, and the amounts so
constituted shall be available only for the payment of claims
in respect of which limitation of liability can be invoked.
(2) A security or guarantee deposited by one of the
persons mentioned in paragraphs (a), (b) or (c) of subsection
(1) of section 413, or subsection (2) of the said section, or his
insurer, shall be deemed to have been deposited by all
persons mentioned in paragraphs (a), (b) or (c) of subsection
(1) of section 413 or subsection (2) of the said section,
respectively.
415. (1) Subject to sections 407, 408 and 411, the
proceeds of any security or guarantee deposited with the
Court shall be distributed among the claimants in proportion
to their established claims.
(2) The Court may stay any proceedings pending
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Bar to other
actions.
in any other court in relation to the same matter, and may
proceed in such manner and subject to such regulations as to
the exclusion of any claimants who do not come in within a
certain time and as to payment of costs, as the Court thinks
just.
(3) No lien or other right in respect of any ship or
property shall affect the proportions in which any amount is
distributed amongst several claimants.
(4) All sums paid for or on account of any loss or
damage in respect whereof the liability of owners is limited
under the provisions of this Part and all costs incurred in
relation thereto may be brought into account among part
owners of the same ship in the same manner as money
disbursed for the use thereof.
(5) If, before the proceeds of the security or
guarantee are distributed, the person liable, or his insurer, has
settled the claim, such person shall up to the amount he has
paid acquire by subrogation the rights which the person so
compensated would have enjoyed under this Part.
(6) In making any distribution in accordance with
this section the Court may, if it thinks fit, postpone the
distribution of such part of the amount to be distributed as it
deems appropriate having regard to any claims subrogated or
otherwise that may be established later.
416. (1) Where a security or guarantee has been
deposited with the Court in accordance with section 414, any
person having made a claim against such security or
guarantee shall be barred from exercising any right in respect
of such claim against any other assets of a person by or on
behalf of whom the security or guarantee has been deposited.
(2) Where a ship or other property is seized or
arrested in connection with a claim which appears to the
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Rule as to
division of loss.
Court to be founded on liability to which limitation is
applicable under this Part, and in respect of which a security
or guarantee is deposited, the Court shall order the release of
the ship or property if the security or guarantee has been
deposited in Guyana or –
(a) at the port where the occurrence took
place, or, if it took place out of port, at
the first port of call thereafter; or
(b) at the port of disembarkation in
respect of claims for loss of life or
personal injury; or
(c) at the port of discharge in respect of
damage to cargo,
but where the release is ordered the person on whose
application it is ordered shall be deemed to have submitted to
the jurisdiction of the Court to adjudicate on the claim.
(3) Subsections (1) and (2) shall apply only if the
claimant brings a claim before the Court and the security or
guarantee deposited with the Court is actually available and
freely transferable in respect of that claim.
damage or loss is caused to one or more of them, or to their
cargo or freight, or to any property on board, the liability to
make good the damage or loss shall be in proportion to the
degree to which each vessel was at fault:
Provided that –
(a) if, having regard to all the
circumstances of the case, it is not
possible to establish different
degrees of fault, the liability shall be
417. Where, by the fault of two or more vessels,
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Damages for
personal injury.

apportioned equally;
(b) nothing in this section shall –
(i) operate so as to render
any vessel liable for any
loss or damage to which
her fault has not
contributed;
(ii) affect the liability of any
person under a contract
of carriage, or any other
contract; or
(iii) be construed as imposing
any liability upon any
person from which he is
exempted by any
contract or by any
provision of law, or as
affecting the right of any
person to limit his
liability in the manner
provided by law.
418. (1) Where loss of life or personal injury is
suffered by any person on board a vessel owing to the fault of
that vessel and of any other vessel or vessels, the liability of
the owners of the vessels shall be joint and several.
(2) Nothing in this section shall be construed as
depriving any person of any right of defence on which,
independently of this section, he might have relied in an
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.

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Definition of
‚freight‛.


Right of
contribution.

Limitation of
actions.
money and hire; and references to damage or loss caused by
the fault of a ship shall be considered as including references
to any salvage or other expenses consequent upon that fault
recoverable at law by way of damages.
by any person on board a vessel owing to the fault of that
vessel and any other vessel or vessels, and a proportion of the
damages is recovered against the owners of one of the vessels
which exceeds the proportion in which she was at fault, such
owners may recover by way of contribution the amount of the
excess from the owners of the other vessel or vessels to the
extent to which those vessels were respectively at fault; but
no amount shall be so recovered which could not, by reason
of any statutory or contractual limitation of, or exemption
from liability, or which could not, for any other 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 such contribution shall, for
the purpose of recovering the contribution, have, subject to
the provisions of this Act, the same rights and powers as the
persons entitled to sue for damages in the first instance.
421. (1) Subject to this section, no action shall be
maintainable 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 in respect of
any damages of loss of life or personal injury suffered by any
person on board that other ship, caused by the fault of the
former ship, whether such other ship be wholly or partly in
fault, or in respect of any salvage services, unless proceedings
therein are commenced within two years from the date when
the damage or loss or injury was caused or the salvage
services were rendered, and an action shall not be
maintainable under this Act to enforce any contribution in
419. In sections 419 to 421 "freight" includes passage
420. (1) Where loss of life or personal injury is suffered
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Constitution of
Court of
Survey.

Power and
procedure of
Court of
Survey.
respect of an overpaid proportion of any damages for loss of
life or personal injury unless proceedings therein are
commenced within one year from the date of payment.
(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 within
the jurisdiction of the court or within the territorial waters of
the country to which the plaintiffs ship belongs or in which
the plaintiff resides or has his principal place of business,
extend any such period to an extent sufficient to give such
reasonable opportunity.
PART XVII
COURT OF SURVEY
422. (1) A Court of Survey for a port shall consist of a
Judge of the High Court nominated for the matter by the
Chief Justice sitting with two assessors.
(2) The assessors shall be persons of nautical,
engineering or other special skill and experience, one of
whom shall be appointed by the Minister or in the case of a
foreign ship by the consular officer at or near the port; and the
other shall be appointed by the Judge of the Court.
423. (1) The Court of Survey shall have power and the
duty to entertain such matters as are referred to it under
section 279.
(2)The following provisions shall have effect in
relation to the proceedings of a Court of Survey concerning
any ship –
(a) the case shall be heard in open Court;

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(b) the Judge, each assessor, and any
person appointed by the Judge may
survey the ship and may go on board
the ship and inspect the ship and
every part thereof and the machinery,
equipment and cargo, and may
require the unloading and removal of
any cargo, ballast or tackle, and shall
for such purpose have all the powers
of a surveyor under this Act;
(c) the Court may order the ship to be
surveyed and may appoint any
competent person or persons to
survey the ship and report thereon to
the Court;
(d) the Judge shall have the same power
as the Director has, to order the ship
to be released or detained; and
(e) the owner or the master of the ship,
and any person appointed by the
owner or master, may attend at any
inspection or survey made under this
section.
(2) The Court may make such order with respect to
the costs of any inquiry or investigation under this Act as it
may think fit and such costs shall be recoverable in the same
manner as a civil debt.
(3) Any person who wilfully impedes the Judge of
the Court of Survey or any assessor or other person who acts
in the execution of any survey under this section, or any
person who fails to comply with any requisition made by
such Judge, assessor or other person shall be guilty of an
offence and on conviction thereof shall be liable to a fine not
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Report of the
Court of
Survey.

Rules of
procedure.

Expert
witnesses.

Investigations
of shipping
casualties.
exceeding ten thousand dollars.
424. The Judge of a Court of Survey shall send to the
Minister such report as is directed by rules made under
section 425, and each assessor shall sign such report, or if he
refuses to sign such report he shall state the reasons therefor.
425. Rules of Court may be made in the manner
provided by the law relating to the Courts and their
procedure to carry into effect the provisions of this Act
relating to Court of Survey and, without prejudice to the
generality of such powers, such rules may be made with
respect to the summoning of and procedure before the Court,
the form and sending of reports to the Minister, the requiring,
on an appeal, of security for costs and damages, and the
amount of fees.
426. The Judge of the Court may at any time during a
hearing permit or summon an expert witness to give an
expert opinion based on his special knowledge, skill,
experience or training in respect of construction or design or
of a scientific difficulty or important principle.
PART XVIII
INQUIRIES AND INVESTIGATIONS INTO MARINE
CASUALTIES
427. (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 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

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Preliminary
inquiry.

Formal
investigation.
(c) any damage caused by a ship,
and, at the time it occurs, the ship was a Guyana ship or the
ship or ship's boat was in Guyana waters the Minister may
cause a preliminary inquiry into the casualty to be held by a
person appointed for the purpose by the Minister and with
the assistance of one or more assessors being masters of
Guyana ships or persons with special skills and knowledge in
maritime matters.
(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.
428. (1) For the purposes of a preliminary inquiry
under section 427, the person holding the inquiry has all the
following powers, namely –
(a) he may go on board any ship, and
may inspect the same or any part
thereof, or any of the machinery,
boats, equipment or articles on boats,
equipment or articles on board
thereof to which this Act applies,
without unnecessarily detaining or
delaying it from proceeding on any
voyage;
(b) he may enter and inspect any
premises the entry or inspection of
which appears to him to be requisite
for the purpose of the report which he
is directed to make.
429. (1) A Board holding a formal investigation into a
shipping casualty under section 427 shall consist of not more
than three nor less than two members, of whom one shall be a
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Judge of the High Court or a Magistrate who shall be the
Chairman of the Board and the others shall be assessors,
being masters of Guyana ships or such other persons
possessing nautical, engineering or other special skills and
knowledge, as the Director may appoint:
Provided that where in any investigation any question as
to the cancellation or suspension of the certificate issued to an
officer in pursuance of any regulations made under section
105, is likely to arise, the Court shall include two assessors.
(2) For the purposes of this section a Board holding
a formal investigation shall have all the powers of a
Magistrate's Court.
(3) If as a result of a formal investigation the Board
is satisfied that an officer –
(a) is unfit to discharge his duties,
whether by reason of incompetence
or misconduct or for any other reason;
or
(b) has been seriously negligent in the
discharge of his duties; or
(c) has failed to comply with section 229,
it may cancel or suspend any certificate issued to the officer in
pursuance of any regulation made under section 105 or
censure him.
(4) If the Board cancels or suspends any certificate
of an officer referred to in subsection (3) the officer shall
deliver such certificate forthwith to the Board or to the
Director, and if he fails without reasonable cause to do so he
shall be liable on conviction to a fine not exceeding twenty-
five thousand dollars.
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Re-hearings
and appeals.
(5) The Board may make such order with regard to
the costs of the investigation as it thinks fit, and such order
shall be enforced by the Board in the manner provided for
levying a fine by a Magistrate's Court.
(6) The Board shall make a report on the case to the
Director.
430. (1) Where an inquiry or formal investigation has
been held under the preceding provisions of this Part, the
Minister may order the whole or part of the case to be reheard
and shall do so –
(a) if new and important evidence which
could not have been produced at the
inquiry or investigation has been
discovered; or
(b) if it appears to the Minister that there
are other grounds for suspecting that
a miscarriage of justice may have
occurred.
(2) An order under sub section (1) may provide for
the rehearing to be made by the persons who held the inquiry
or investigation or by the High Court.
(3) Any rehearing under this section shall be
conducted in accordance with rules made under section 431,
and section 429, 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 person or Board holding the inquiry
or investigation has decided to cancel or suspend the
certificate of any person issued pursuant to any regulations
made under section 105 or has found any person at fault, then
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Rules relating
to inquiries and
investigations.

Power to
restore
certificate.

Provision as to
jurisdiction
over offences.
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 inquiry or
investigation has appeared at the hearing and is affected by
the decision or finding, may appeal to the High Court.
431. The Minister may make rules for the conduct of
inquiries under section 427, for formal investigations under
section 429 and for the conduct of any rehearing under
section 430.
432. Where a certificate issued in pursuance of any
regulations made under section 105 has been cancelled or
suspended whether under this Part or under any regulations
made under this Act, the Minister may, if he is of opinion that
the justice of the case so requires –
(a) re-issue the certificate or, as the case
may be, reduce the period of
suspension and return the certificate;
or
(b) grant a new certificate of the same or
a lower grade in place of the cancelled
or suspended certificate.
PART XIX
LEGAL PROCEEDINGS
JURISDICTION
433. For the purposes of determining jurisdiction
under this Act, every offence shall be deemed to have been
committed, and every cause of complaint to have arisen,
either –
(a) in the place in which such offence or
cause of complaint was committed or
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Jurisdiction
over ships
lying off the
coast.

Jurisdiction in
case of offences
on board ship.
arose; or
(b) in any place in which the alleged
offender or person complained
against may be.
434. Where any area over which any court has
jurisdiction under this Act or any other Act or law for any
purpose whatsoever is situated on the coast of any sea, or
abutting on or projecting into any bay, channel, lake, river or
other navigable water, every such court shall have jurisdiction
–
(a) over any ship whether a Guyana or a
foreign ship, being on or lying or
passing off that coast or being in or
near that bay, channel, lake, river or
navigable water; and
(b) over all persons on board such ship or
for the time being belonging thereto,
in the same manner as if such ship or person were within the
limits of the ordinary jurisdiction of the court.
435. Where any person –
(a) being a citizen of Guyana, is charged
with having committed any offence –
(i) on board a Guyana ship
on the high seas; or
(ii) on board a Guyana ship
in a foreign port or
harbour; or
(iii) on board any foreign
ship to which he does not
belong; or
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Jurisdiction in
collision and
other cases.
(b) not being a citizen of Guyana, is
charged with having committed any
offence on board any Guyana ship on
the high seas,
and that person is found within the jurisdiction of any court
in Guyana which would have had cognizance of the offence if
it had been committed on board a Guyana ship within the
limits of its ordinary jurisdiction, that court shall have power
to try the offence as if it had been so committed.
436. (1) No Court in Guyana shall entertain an action
in personam to enforce a claim to which this section applies
unless –
(a) the defendant has the habitual
residence or a place of business within
Guyana;
(b) the cause of action arose within the
waters of Guyana or within the limits
of a harbour or port of Guyana; or
(c) an action arising out of the same
incident or series of incidents is
proceeding in the Court, or has been
heard and determined in the Court.
(2) No court in Guyana shall entertain an action in
personam to enforce a claim to which this section applies until
proceedings previously brought by the plaintiff in any court
outside Guyana against the same defendant in respect of the
same incident or series of incidents have been discontinued or
otherwise come to an end.
(3) Subsections (1) to (3) inclusive shall apply to
counterclaims, not being counterclaims in proceedings arising
out of the same incident or series of incidents, as they apply
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to, actions in personam, and a reference to the plaintiff is a
reference to the plaintiff on the counterclaim and a reference
to the defendant is a reference to the defendant to the
counterclaim.
(4) Subsections (1) to (4) inclusive shall 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 subsection (3) 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 subsection (1) is satisfied; and the rules of the
court relating to the service of process outside the jurisdiction
shall make provision for such service having regard to 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.
(7) The claims to which this section, applies are
claims for damage, loss of life or personal injury arising out of
a collision between ships, or out of the carrying out of or
omission to carry out a manoeuvre or out of non-compliance
with the Collision Regulations.
(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
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Action in rem.

Jurisdiction as
to unsatisfied
mortgages.
well as in relation to its admiralty jurisdiction, if any.
437. In any case in which an action may be brought
against any ship, other than actions arising from claims to the
possession or ownership of a ship or to the ownership of any
share therein, or any claim in respect if a mortgage or charge
on a ship or any share therein, where the person who would
be liable on the claim in an action in personam was, when the
cause of action arose, the owner or charterer of, or in
possession or in control of the ship, the admiralty jurisdiction
of the High Court may, whether the claim gives rise to a
maritime lien on the ship or not, be invoked by an action in
rem against –
(a) that ship, if at the time when the
action is brought it is beneficially
owned as respect all the shares
therein by that person; or
(b) any other ship which, at the time
when the action is brought, is
beneficially owned as aforesaid,
but in determining whether a person would be liable on a
claim in an action in personam it shall be assumed that he has
his habitual residence or a place of business within Guyana.
438. Where the registration of a ship is considered to
be closed on account of a transfer to persons not qualified to
own a Guyana ship, any unsatisfied mortgage may, where the
ship comes within the jurisdiction of any court in Guyana
which has such 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 judgment.

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Power to detain
foreign ship.
DETENTION AND DISTRESS ON SHIP FOR DAMAGE
CAUSED
439. (1) Where –
(a) any injury or damage has in any part
of the world been caused to any
property belonging to the
Government, a citizen of Guyana or a
body corporate resident in Guyana by
any foreign ship; or
(b) a claim is made for damages by or on
behalf of any citizen of Guyana in
respect of personal injuries, including
fatal injuries, against the owners of a
foreign ship,
and at any time thereafter that ship or any other ship wholly
and beneficially owned by the same owner is found in
Guyana, a Judge of the High Court may, upon being satisfied
that the damage or injury was probably caused by the
misconduct or want of skill of the master or crew of the ship,
issue an order directed to any person named in the order.
(2) An order under this section shall be addressed
to any marine officer or such other officer as may be named
by the Judge in such order, and shall require that officer to
detain the ship named or identified therein, until such time as
the owner, master or consignee thereof -
(a) has made satisfaction in respect of the
injury referred to in subsection (1); or
(b) has given security to be approved by
the Judge, to abide the event of any
action, suit or other legal proceeding
that may be instituted in respect of
such injury and to pay all costs and
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Enforcing
detention of
ship.
damages that may be awarded,
and the officer to whom such order is addressed shall detain
the ship accordingly.
(3) Where it appears that, before an application can
be made under subsection (1), the ship in respect of which the
application is made will depart from Guyana, such ship may
be detained so as to 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 detention is
proved to have been made without reasonable grounds.
(4) In any legal proceedings relating to any injury
referred to in subsection (1), the person giving security shall
be made defendant and shall be stated to be the owner of the
ship that has caused the injury.
(5) The production of an order of a Judge, made in
relation to any security referred to in this section, shall be
conclusive evidence of the liability of the defendant to the
proceedings.
440. (1) Where under this Act or any other law in force
in Guyana a ship is to be detained, an authorized officer as
defined in subsection (5) may detain the ship.
(2) If, after the detention of a ship or after service
on the master of a ship of any notice or order for the detention
of the ship, such ship goes to sea before it is released by the
competent authority –
(a) the master of the ship; and
(b) the owner and any person who sends
the ship to sea, if that owner or person
is party or privy to the offence,
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Distress on
ship.

shall each be guilty of an offence and on conviction thereof be
liable to a fine not exceeding twenty-five thousand dollars.
(3) If a ship goes to sea when any authorized
officer is on board thereof in the execution of his duties, the
owner and master of the ship shall each be liable –
(a) to pay all expenses arising out of such
officer, being so taken to sea, and
(b) on conviction, to a fine of ten
thousand dollars for every day until
such officer returns, or until such time
in which he would be able after
leaving the ship to return to the port
from which he is taken,
and any expenses ordered to be paid are recoverable in like
manner as the fine.
(4) Any person who opposes or in any way obstructs
any authorized officer, shall be guilty of an offence and on
conviction thereof shall be liable to a fine not exceeding
twenty-five thousand dollars.
(5) In this section "authorized officer" means the
Director, a marine officer, an officer of customs, or any person
specially or generally authorized by the Director to detain a
ship.
441. Where any court has power to make an order
directing payment to be made of any seaman's wages, fines or
other sums of money, then, if –
(a) the party directed to make such
payment is the master or owner of a
ship; and
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Inquiries into
deaths of
crewmembers
and others.
(b) such wages, fine or sum is not paid at
the time in the manner prescribed in
the order,
the court which made the order may, in addition to any other
powers which it has for the purpose of compelling payment,
direct the amount remaining unpaid to be levied by distress
and sale of the ship, her tackle, furniture and apparel.
442. (1) Subject to subsection (4), where –
(a) any person dies in a Guyana ship; or
(b) the master or a seaman employed in
such a ship dies in a country outside
Guyana,
an inquiry into the cause of death shall be held by the marine
officer or the proper officer at the next port where the ship
calls after the death and where there is a marine officer or
proper officer, or at such other port as the Director may
direct.
(2) The marine officer or proper officer holding an
inquiry under subsection (1) shall for the purposes of the
inquiry have the powers of a person making a preliminary
enquiry under section 428.
(3) The officer holding the inquiry under
subsection (1) shall make a report of his findings to the
Director, and the Director shall, on request, make a copy of
the report available to the next of kin of the deceased person
or to any other person who appears to the Director to be
interested.
(4) No inquiry shall be held under subsection (1) in
a case where an inquest or inquiry into death is to be held or
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Seizure and
sale.
Prosecution of
offences and
penalties.

Compounding
of offences.
made under any law for the time being in force relating to
inquests or criminal procedure.
443. (1) Where the owner of a ship has been convicted
of an offence under this Act and a fine has been imposed, if
the fine is not paid forthwith, the ship may be seized and after
reasonable notice, sold by any customs officer or any person
authorized for that purpose in writing by the Minister, and
such officer or person 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 sale may be in
existence.
(2) Any surplus money remaining from the
proceeds of sale after paying the amounts of fines payable
under section 440 together with the costs of the seizure and
sale shall be disposed of in accordance with rules of court.
PROSECUTIONS AND COMPOUNDING OF OFFENCES
444. (1) A person who commits an offence under this
Act, for which no specific penalty is provided is liable to a
fine of twenty-five thousand dollars and to imprisonment for
six months.
(2) 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, in addition to any other liability, is
liable to a fine of five thousand dollars for every day or part
thereof during which the offence continues.
445. (1) The director may compound any offence
under this Act which is prescribed to be an offence
compoundable by the Director on payment by the person
suspected of having committed such offence a sum of money
not exceeding twenty thousand dollars.
(2) A marine officer may compound any offence,
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Deposition to
be received in
evidence where
witness cannot
be produced.
under this Act which is prescribed to be an offence
compoundable by a marine officer on payment by the person
suspected of having committed such offence, a sum of money
not exceeding ten thousand dollars.
(3) On the payment of any sum of money under
subsection (1) or subsection (2) –
(a) the person suspected of having
committed the offence in respect of
which the payment has been made
shall, if in custody, be discharged;
(b) any ship detained in respect of such
offence shall be released; and
(c) no further proceedings shall be taken
against such person or ship in respect
of such offence.
EVIDENCE AND SERVICE OF DOCUMENTS
446. (1) Subject to subsection(2) where in the course of
any legal proceedings instituted under this Act before any
court or before any person authorized by law or by the
consent of parties to receive evidence, the testimony of any
witness is required in relation to the subject-matter of the
proceedings, then, upon due proof that the witness cannot be
found in Guyana, any deposition that the witness has
previously made on oath or affirmation in relation to the
same subject-matter before any Judge or Magistrate in any
part of the Commonwealth other than Guyana in any place
not within the Commonwealth, shall be admissible in
evidence:
Provided that –
(a) if the proceedings are criminal, a
deposition so made shall not be
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Proof of
attestation not
required.

admissible, unless it was made in the
presence of the person accused, and
the Judge, Magistrate or proper officer
before whom it was made has
certified that the accused was present
at the time of making it; and
(b) no deposition so made shall be
admissible, unless it is authenticated
by the signature of the Judge,
Magistrate or proper officer before
whom it was made.
(2) A deposition made in the manner referred to in
subsection (1) shall be deemed to be duly authenticated if it
purports to have been signed by the Judge, Magistrate or
proper officer before whom it was made, and 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.
(3) In any criminal proceedings, a certificate
purporting to have been signed by the Judge, Magistrate or
proper officer before whom a deposition was made that the
accused was present at the taking of the deposition shall,
unless the contrary is proved, be sufficient evidence of the
accused having been present in the manner thereby certified.
(4) Nothing in this section shall affect any case in
which depositions taken in any proceedings are rendered
admissible in evidence by any other enactment.
447. Where any document is required by this Act to be
executed in the presence of, or to be attested by, any witness
or witnesses, such 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 or witnesses.

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Admissibility
of documents
in evidence.



Notices, etc., to
be in writing.
448. (1) Where any document is by this Act declared
to be admissible in evidence, such document shall –
(a) on its production from proper
custody, be admissible in evidence in
any court or before any person having
by law or consent of parties authority
to receive evidence; and
(b) subject to all just exceptions, be
evidence of the matters stated therein.
(2) A copy of any document referred to in
subsection (1), or any extract therefrom, shall also be
admissible in evidence –
(a) if it is proved to be an examined copy
or extract; 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,
and that officer shall provide such a certified copy or extract
to any person applying therefor at a reasonable time, upon
payment of the prescribed fee.
(3) Any person having by law or consent of parties
authority to receive evidence shall have the same powers as a
court to impound any document referred to in this section
which has a false or counterfeit seal, stamp or signature
affixed thereto.
449. Where under this Act any notice authority, order,
direction or other communication is required or authorized to
be given or made by the Director to any person not being an
officer appointed under this Act, the same shall be made or
given in writing.
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Service of
documents.

450. (1) Where for the purposes of this Act any
document is served on any person, that document may be
served –
(a) by delivering a copy thereof
personally to the person to be served,
or by leaving such copy at his last
known place of abode or by
transmitting or sending by post;
(b) if the document is to be served on the
master of a ship where there is a
master, or on a person belonging to a
ship, by leaving such documents for
him on board that ship with the
person being or appearing to be in
command or charge of the ship; and
(c) if the document is to be served on the
master of a ship, and there is no
master and the ship is in Guyana, on
the managing owner of the ship or, if
there is no managing owner in
Guyana, on some agent of the owner
residing in Guyana or where no such
agent is known or can be found by
affixing a copy thereof in some
conspicuous place in the ship.
(2) Any person who obstructs the service on the
master of a ship of any document under this Act relating to
the detention of the ship which is unseaworthy shall be guilty
of an offence and on conviction thereof shall be liable to a fine
not exceeding ten thousand dollars.
(3) Any owner or master of a ship who is party or
privy to any obstruction referred to in subsection (2) shall be
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Protection of
public officers
and other
persons acting
under this Act.

General power
to make
regulations.
guilty of an offence and on conviction thereof shall be liable to
a fine not exceeding twenty thousand dollars, or to
imprisonment for a term not exceeding two years, or to both
such fine and imprisonment.
PART XX
MISCELLANEOUS
451. No suit shall be maintained against any public
officer or any person appointed or authorized under this Act
for any purpose of this Act for or in respect of anything done
or omitted to be done by him in good faith in the exercise or
performance of any power, authority or duty conferred or
imposed on him by or under this Act.
452. Without prejudice to any other power to make
regulations conferred upon him by this Act, the Minister may
make regulations generally for carrying this Act into effect,
and may by such regulations provide for –
(a) anything which is to be or may be
prescribed under this Act,
(b) the fees to be charged for any services
rendered or acts performed under this
Act;
(c) the offences under this Act which
may be compounded and the officers
by whom such offences may be
compounded;
(d) the admissibility in evidence and the
exemption from stamp duty of
documents and forms used under this
Act;
(e) the control of ships, the regulation of
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General power
of exemption.

Application.
maritime traffic and the
administration of maritime search and
rescue within Guyana waters.
453. Without prejudice to any other powers conferred
on him by this Act or by any regulations made thereunder,
the Minister may, subject to such conditions if any as he
thinks fit to impose, by order –
(a) modify the provisions of this Act in
their application to any ship or class
or description of ships as may be
specified in such order in such
manner and to such extent as the
Minister may specify in such order;
and
(b) exempt any ship or class or
description of ships as may be
specified in such order from any
specific requirement contained in or
prescribed under this Act if he is
satisfied that the requirement has
been substantially complied with or
that compliance is unnecessary in the
circumstances of the case.
454. (1) Sections 455 and 456 apply in respect of
international conventions, including amendments thereto and
replacements thereof and other international instruments.
(2) The Minister shall from time to time by notice
publish the international conventions including amendments
thereto and replacements thereof and other international
instruments which apply to Guyana, the reservations if any,
entered thereon by Guyana as well as those international
conventions including amendments thereto and
replacements thereof and other international instruments
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Conventions to
prevail.

Contravention
of international
conventions.
Regulations for
resolving
transitional
difficulties.
which cease to apply to Guyana.
(3) The Director shall keep in his office a copy of -
(a) all the instruments referred to in
subsection (2) that have application
in Guyana;
(b) all subsidiary legislation made
pursuant to this Act,
and copies shall be made available for inspection or, upon
payment of a prescribed fee, for the taking of copies thereof
by members of the public, seafarers or persons concerned
with or having an interest in ships or shipping.
455. Where an international convention or other
international instrument applies to Guyana and a provision
of that convention or instrument and a provision of this Act
conflict in any manner, the provisions of the convention or
instrument shall prevail unless the Minister otherwise
provides.
456. Where, in respect of any Guyana ship, there is
any contravention of a requirement of any international
convention or other international instrument which applies to
Guyana, the Director may suspend the certificate of
registration of the ship until the contravention is rectified.
457. [Omitted]
458. The Minister may make regulations to provide –
(a) for resolving any difficulties that may
arise out of the repeal by this Act of
any law;
(b) for the amendment or revocation of
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any subsidiary legislation or any part
thereof, made under any law repealed
by this Act and remaining in force
pursuant to this Part;
(c) for the continuance in force, subject to
such conditions as may be prescribed,
of any exemptions, whether or not
based upon reciprocity with any other
country, from the operation of any
enactment repealed;
(d) generally for giving effect to, and for
effecting a due and orderly
assimilation of the law relating to
shipping throughout Guyana in
conformity with, the purposes of this
Act, and for the better carrying out of
any of the provisions of this Act.
_______________

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SUBSIDIARY LEGISLATION
_________________
GUYANA SHIPPING
(REGISTRATION OF SHIPS)
REGULATIONS
made under sections 13,14, 15, 24,36,37,38,52,452 and 458
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
GENERAL
1. Citation.
2. Interpretation.
3. Signature of documents.
4. Specification of citizenship of corporations.
5. Lodgement of documents.
6. Service etc., of documents.
PART II
REGISTRATION
7. Application for registration.
8. Builder’s certificate.
9. Declaration of ownership.
10. Grant of certificate of registration.
11. Registration of government ships.
12. Registration of ships under construction.
13. Registration of abandoned ships.
14. Particulars of master to be endorsed on certificate of
registration of ship leaving Guyana or port.

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REGULATION
15. New certificates and provisional certificates.
16. Application for new certificates and provisional
certificates.
17. Provisional certificates for ships becoming entitled to be
registered when abroad.
18. Provisional certificates granted by the Registrar.
19. Conditions for grant of provisional certificates.
20. Extension of period of currency of provisional certificate.
21. Temporary passes.
CHANGES AND IDENTIFICATION
22. Change in name, address or citizenship.
23. Marking of ships.
24. Name of registered ship and change of name.
25. National flag.
26. Alternation to ships.
27. Home port and change of home port.
PART V
TRANSFER AND MORTGAGES
28. Transfer of ship, etc.
29. Application for the sale or mortgage of a ship, or share
thereof, outside of Guyana.
30. Certificate of sale of a ship, or share thereof, outside of
Guyana.
31. Certificate of mortgage of a ship, or share thereof, outside
of Guyana.
32. Mortgage of ship etc.
33. Transfer of mortgage.
34. Transfer of registration from foreign ports of ships
entitled to be registered.
35. Certificates etc., in respect of ships deemed registered
under the Act.
PART IV
PART III PROVISIONAL CERTIFICATES
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REGULATION
PART VI
CAVEATS
36. Caveat may be lodged forbidding registration of certain
instruments.
37. Notice of caveat.
38. When caveat to lapse.
39. No dealing to be registered while caveat in force.
40. Compensation for lodging caveat without reasonable
cause.
41. Form of caveat and notice.
PART VII
MISCELLANEOUS
42. Fees.
43. Extension of time.
44. Verification of information, etc.
45. Date and time to be recorded.
46. Penalties.
47. Admissibility of documents in evidence.
SCHEDULE 1 – Technical Characteristics of ships.
SCHEDULE 2 – Prescribed Forms.
SCHEDULE 3 – Fees.
PART I
GENERAL
Citation.
1. These Regulations may be cited as the Guyana
Shipping (Registration of Ships) Regulations.

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Interpretation.
2. (1) In these Regulations, unless the contrary
intention appears –
“address” means –
(a) in relation to a natural person, the
place at which, for the time being the
person resides;
(b) in relation to a company incorporated
in Guyana, the place that is for the
time being, the registered office of the
company; and
(c) in relation to a person other than a
person referred to in paragraph (a) or
(b), the place that is for the time being,
the principal place of business of the
person in Guyana or, if that person has
no place of business in Guyana, the
principal place of business of that
person or his address for service;
“call sign" in relation to a ship, means the call sign for the time
being of the radio station (if any), or the principal radio
station, of the ship;
“corporation" means a person other than a natural person;
“home port" in relation to a ship, means the port that is, for
the time being, entered in the Register as the home port
of the ship;
“name” means –
(a) in relation to a natural person, the full
given names and surname of the
person;
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Schedule 1
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(b) in relation to a corporation, the full
name of the corporation;
(c) in relation to a registered ship, the
name by which the ship is for the time
being registered; or
(d) in relation to an unregistered ship, the
name (if any) by which the ship is for
the time being known;
“official number" in relation to a registered ship, means the
number by which the ship is identified in the Register;
“place of construction" in relation to a ship, means the place at
which construction of the hull commenced;
“prescribed office" means the office of a proper officer;
“technical characteristics" in relation to a ship, means the
characteristics specified in Schedule 1;
“proper officer" means proper officer as defined in section 2 of
the Act;
“the Act" means the Guyana Shipping Act;
“tonnage certificate" in relation to a ship, means a certificate
relating to the tonnage measurement of the ship, or
otherwise having effect by virtue of, the Act.
(2) For the purposes of these Regulations, the
construction of a ship shall be taken to have been completed
when the ship becomes capable of navigating the high seas,
whether under its own power or otherwise.
(3) A reference in these Regulations to a form by
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Schedule 2

Signature of
documents.

number shall be read as a reference to the form so numbered
in Schedule 2.
(4) Every reference in these Regulations or any
other subsidiary legislation made under the Act, to the Guyana
Maritime Authority, shall be deemed to be a reference to the
Maritime Administration Department within the meaning of
the Act.
3. (1) Subject to this regulation, a document that is
required by the Act or by these Regulations to be lodged with,
or produced to, the Registrar or at proper officer (including an
instrument of appointment for the purposes of sub-regulation
(3) or (4)) shall be taken, for the purposes of these Regulations,
to have been duly signed by a person if –
(a) the document is dated and is signed, in
the presence of a witness –
(i) where that person is a
natural person by that
person; or
(ii) where that person is a
corporation by an officer
of the corporation; and
(b) there is subscribed to the signature of
the signatory referred to in paragraph
(a) –
(i) the signature of the
witness;
(ii) a legible statement of the
name and address of the
witness; and
(iii) where that signatory is a
person referred to in
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subparagraph (a) (ii) - a
legible statement of the
name and designation of
the signatory.
(2) Nothing in sub-regulation (1) shall be taken to
prevent –
(a) the formal execution of a document
under the corporate seal of a
corporation; or
(b) the signature on behalf of a person of a
document by an attorney under power;
but, where a document is signed as mentioned in paragraph
(b), the power of attorney shall be produced for noting upon
the lodgment of the document in accordance with the Act or
these Regulations.
(3)Subject to sub-regulation (5), sub-regulations (1)
and (2) apply in relation to a document that is required by a
provision of these Regulations to be duly signed by the owner
of a ship as if the reference in that provision to the owner of
the ship were a reference –
(a) in the case of a ship that belongs to one
person only to that person or to a
person appointed by that person in
accordance with sub-regulation (4) for
the purposes of this sub-regulation;
(b) in the case of a ship, being a ship
required to be registered, that belongs
to more than one person to one of the
persons to whom the ship belongs or
to a person appointed by such a person
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in accordance with sub- regulation (4)
for the purposes of this sub-regulation;
or
(c) in the case of a ship, being a ship
permitted to be registered, that belongs
to more than one person to a person
appointed in accordance with sub-
regulation (4) for the purposes of this
sub-regulation by persons who –
(i) are the owners of interests
in the ship the sum of
which is equal to not less
than 33 shares in the
property in the ship; and
(ii) unless the ship is a ship
on bareboat charter to a
Guyanese-based operator,
or Guyanese nationals.
(4) The appointment of a person for the purposes
of sub-regulation (3) shall be in writing and –
(a) shall specify the ship to which it
relates;
(b) shall be duly signed by each person
making the appointment; and
(c) may consist of several documents in
like form, each duly signed by one or
more of those persons.
(5) Where a document is signed by a person
appointed for the purposes sub-regulation (3), the instrument
of appointment of that person shall be produced for noting
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Specification
of citizenship
of
corporations.

Lodgment of
documents.
upon the lodgement or production of the first-mention
document in accordance with the Act or these Regulations.
4. A requirement in these Regulations for the
specification in a document of the citizenship of a person and
the grounds on which the person claims the citizenship so
specified shall be satisfied –
(a) in relation to a corporation other than a
corporation referred to in paragraph
(b) or (c) by the insertion in the
document of a statement setting out
the nature and place of incorporation
of the corporation;
(b) in relation to a State or Government
authority by the insertion in the
document of the words "State
Authority" or "Government Authority"
as the case may be; and
(c) in relation to a body politic other than
Guyana, a State or a Territory by the
insertion in the document of the words
"Foreign Government" or "Foreign
State" as the case may be.
5. (1) A document required by these Regulations to be
lodged with the Registrar shall be taken so to have been
lodged if the document, addressed to the Registrar, is
received, together with any fee payable on its lodgment –
(a) at the Registration Office; or
(b) except in the case of a bill of sale a
mortgage instrument or a caveat, at a
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Service, etc.
of
documents.
branch office.
(2) A document required by these regulations to be
lodged with the proper officer shall be taken to have been
lodged if the document, addressed to the proper officer is
received, together with any fee payable on its lodgment at the
office of such proper officer.
6. (1) Subject to the Act and these Regulations, a notice
or other document that is required or permitted by the Act or
these Regulations to be given to, or served upon, a person by
the Registrar may be so given or served by delivering it, or
sending it by properly pre-paid post or by telegram or
facsimile transmission, to the person at the address that is last-
known to the Registrar as the address of that person.
(2) Where for the purposes of these regulations any
document is served or to be served on any person, that
document may be served –
(a) by delivering a copy thereof personally
to the person to be served, or by
leaving such copy at his last known
place of abode or by transmitting or
sending by pre-paid post or by
telegram or facsimile to his last known
place of abode;
(b) if the document is to be served on the
master of a ship where there is a
master, or on a person belonging to a
ship, by leaving such documents for
him on board that ship with the person
being or appearing to be in command
or charge of the ship; and
(c) if the document is to be served on the
master of a ship, and there is no master
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Application
for
registration.
and the ship is in Guyana, on the
managing owner of the ship or, if there
is no managing owner in Guyana, on
some agent of the owner residing in
Guyana or where no such agent is
known or can be found, by affixing a
copy thereof in some conspicuous
place in the ship.
(2) Service of a notice or other document that is
sent to a person by telegram in pursuance of sub-regulation (1)
shall be deemed, unless the contrary is proved, to have been
effected at the time at which the telegram would be received in
the ordinary course of transmission.
PART II
REGISTRATION
7. (1) Application under section 14 of the Act for the
registration of a ship shall be made by –
(a) lodging with the Registrar an
application in writing in accordance
with Form 1 for the registration of the
ship in accordance with sub-regulation
(3); and
(b) lodging with the Registrar –
(i) a document that satisfies,
or documents that satisfy,
the requirements of sub-
regulation (5) as to the
description of the ship;
and
(ii) a document that satisfies,
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or documents that satisfy,
the requirements of sub-
regulation (6) as to the
ownership of the ship;
and
(iii) where the registration of
the ship depends upon its
being a ship on bareboat
charter to a Guyana-based
operator, a copy of the
charter party; and
(iv) a declaration of
ownership in accordance
with regulation 9; and
(v) a notice in writing
specifying the name and
address of the person who
will be the registered
agent of the ship upon its
being registered and duly
signed by the owner of
the ship and, where the
owner is not the person
whose name and address
are so specified, by that
person; and
(vi) evidence in accordance
with regulation 23 that the
ship has been marked in
accordance with that
regulation with marks
directed by the Registrar
under subsection 36 (1) of
the Act; and
(c) producing to the Registrar, for noting,
the licence or other document (if any)
authorising the use of a call sign in
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relation to the ship;
(d) lodging with the Registrar the
prescribed fee.
(2) The documents referred to in paragraphs (1) (b)
and (c) shall be lodged with, or produced to, the Registrar
within 12 months after the lodgment of the application
referred to in paragraph (1) (a).
(3) Subject to sub-regulation (4), an application
referred to in paragraph (1) (a) shall be duly signed by the
owner of the ship and shall specify –
(a) the type of the ship (in terms of its
purpose);
(b) the method of propulsion of the ship;
(c) the overall length of the ship;
(d) the principal material of construction
of the hull of the ship;
(e) in order of preference, 3 proposed
names for the ship;
(f) the proposed home port of the ship;
(g) where the ship has previously been
registered (whether in Guyana or
elsewhere), the year in which the ship
was last so registered and the
following information in relation to the
ship when so registered-
(i) the register on which the
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ship was registered;
(ii) the official number of the
ship;
(iii) the registered name of the
ship;
(iv) the home port, or port of
registry, of the ship; and
(h) where the ship has not previously been
registered in Guyana –
(i) the name of the builder of
the ship;
(ii) the place of construction;
and
(iii) the builder's identification
of the ship or the name (if
any) by which the ship is
known.
(4) A statement in an application under sub-
regulation (1) to the effect that the owner of the ship is unable
to supply the information, or any part of the information,
referred to in paragraph (g) or (h) of sub-regulation (3),
together with a statement of the reason for that inability, shall
be taken, for the purposes of that sub-regulation, to satisfy the
requirements of that paragraph.

(5) For the purposes of subparagraph (1) (b) (i), the
requirements of this sub- regulation as to the description of a
ship are satisfied –
(a) where the ship has not previously been
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registered as mentioned in paragraphs
(b) and (c) –
(i) by a builder's certificate in
accordance with
regulation 8; or
(ii) where the owner, after
taking all reasonable
action, is unable to obtain
a builder's certificate, by a
statutory declaration by a
person acquainted with
the facts of the matter
specifying –
(A) all particulars of
mortgages if any;
(B) such of the other
matters required by
sub-regulation 8 (1)
to be specified in a
builder's certificate
as are known to the
person making the
statutory
declaration; and
(C) the grounds on
which that person
asserts the veracity
of matters specified
in pursuance of
clauses (A) and (B);

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(b) where the ship has previously been
registered in Guyana, whether under
the Act or under the previous law, by a
statutory declaration by a person
acquainted with the facts of the matter
specifying the respects (if any) in
which the description of the ship
differs from the description of the ship
appearing in the Register or a register
book, as the case requires, immediately
before the ship ceased or last ceased, to
be so registered; or
(c) where the ship has been previously
registered under the provisions of the
law of a foreign country relating to the
registration of ships in that country
and the document (if any) issued
under that law that corresponds with a
certificate of registration contains the
information in respect of the ship that
is required to be set out in a builder's
certificate prepared in accordance with
regulation 8 or any of that information,
by –
(i) that document; and
(ii) to the extent (if any) to
which that document
does not contain that
information or the
information contained in
that document is in any
respect incorrect, a
statutory declaration by a
person acquainted with
the facts of the matter
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setting out so much of
that information as is not
contained, or is
incorrectly stated, in that
document.
(6) For the purposes of subparagraph (1) (b) (ii),
the requirements of this sub- regulation as to the ownership of
a ship are satisfied –
(a) where the ship has not previously been
registered as mentioned in paragraphs
(b) and (c), by –
(i) a builder's certificate in
accordance with
regulation 8; and
(ii) the relevant documents
relating to any changes in
the ownership of the ship,
whether occurring before
or after the date of that
certificate; or, where the
ship was built and
acquired by the owner in
a place outside Guyana
and that certificate or
those documents are
unavailable, by the
document by which the
owner of the ship
acquired the ownership of
the ship;
(b) where the ship has previously been
registered in Guyana, whether under
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the Act or under the previous law, by
the relevant documents relating to any
changes in the ownership of the ship
that have occurred since the ownership
of the ship was as specified in the
Register or a register book, as the case
requires, immediately before the ship
ceased, or last ceased, to be so
registered; or
(c) where the ship has previously been
registered under the provisions of the
law of a foreign country relating to the
registration of ships in that country, by
any document that is, under that law,
evidence of title to the ship.
(7) A reference in sub-regulation (6) to the relevant
documents in relation to any changes in the ownership of a
ship shall be read, in relation to each such change, as a
reference to –
(a) a bill of sale or other document
transferring ownership of the ship,
being a bill of sale or document signed
by each transferor and specifying the
name of the ship, the nature and extent
of the interest in the ship to which the
bill of sale or document relates and the
name and address of each transferor
and transferee; and
(b) such of the documents evidencing
change of ownership referred to in
section 55 (1) and 57 (1) of the Act as
would be applicable if, at the time of
the change, the ship had been
registered under the Act.
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(8) The requirements of sub-regulation (5) or (6) as
to the description or ownership of a ship shall, for the
purposes of subparagraph (1) (b) (i) or (ii), as the case requires,
be taken to be satisfied in relation to any particulars of the
description of the ship or of the history of the ownership of the
ship in relation to which the applicant for registration is unable
to produce a document (other than a statutory declaration)
specified in that sub-regulation by a statutory declaration by a
person acquainted with the facts of the case setting out those
particulars of the description of the ship or of the history of the
ownership of the ship.
(9) Where, by reason of the unavailability of a
document (including a statutory declaration) referred to in
sub-regulation (6) or (8), the requirements of sub- regulation
(6) as to the ownership of a ship to which an application under
this regulation relates cannot be satisfied, then, subject to sub-
regulation (10), those requirements shall, for the purposes of
subparagraph (1) (b) (ii), be taken to be satisfied in relation to
that ship by –
(a) such (if any) of the documents referred
to in sub-regulation (6) and (8) as are
available in relation to the ship; and
(b) a statutory declaration by the person
who signed the application stating
that, to the best of his knowledge, the
person in whose name, or the persons
in whose names, the ship will, if the
application is successful, be registered
are lawfully entitled to the ownership
of the ship as specified in paragraph 9
(b) and setting out the grounds for that
belief.
(10) The documents referred to in paragraphs (9)
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(a) and (b) shall not be taken to satisfy the requirements of sub-
regulation (6) as to the ownership of a ship unless, not less
than 30 days before the lodgment of the application, notice, in
accordance with Form 2, of intention to make application for
the registration of the ship was published simultaneously in
the Official Gazette of Guyana and a national newspaper in
general circulation in Guyana.
(11) The Registrar shall be entitled to disallow a
proposed name for registration name, if it falls into any of the
following classes of names –
(a) names of existing registered ships;
(b) names approved by the Registrar in
respect of ships in the course of
registration;
(c) names that are likely to be confused
with, or mistaken for, names referred
to in paragraphs (a) and (b);
(d) names that are blasphemous or likely
to be offensive to members of the
public;
(e) names falsely suggesting connection
with –
(i) the President;
(ii) the Commonwealth of
Nations;
(iii) the Government of
Guyana , of a State, of a
Territory, of any other
country or of any legal
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Builder’s
certificate.

subdivision of another
country;
(iv) the United Nations;
(v) the Defence Force or an
arm of the Defence Force;
(vi) a government depart-
ment, authority or
instrumentality of the
Government, a State or a
Territory; or
(vii) a municipal or other local
government authority;
(f) names that include a prefix comprising
any letter or letters capable of
indicating a type of ship.
8. (1) Subject to sub-regulation (2), a builder's
certificate in relation to a ship shall be in accordance with
Form 3(i) shall be duly signed by the builder of the ship and
shall specify –
(a) the name (if any) of the ship;
(b) the builder's identification of the ship;
(c) the date of completion of the ship;
(d) the place of construction of the ship;
(e) the name and address of the builder;
(f) the name and address of the person for
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whom the ship was built;
(g) the date on which the ship was
delivered or handed over to the person
for whom the ship was built; and
(h) particulars of the technical
characteristics of the ship;
(i) the proper denomination and tonnage
of the ship as estimated by him;
(j) if there has been any sale, the bill of
sale under which the ship or a share
therein has become vested in the
applicant, and in the case of the ship
condemned by a competent authority,
the official copy of the condemnation.
(2) Where a ship has been built in stages by more
than one builder –
(a) a builder's certificate in relation to the
ship may consist of several documents
in accordance with sub-regulation (1),
each of which relates to one or more of
those stages; and
(b) a builder's certificate that relates to all
of those stages, or a document referred
to in paragraph (a) that relates to more
than one of those stages, shall be duly
signed by all of the builders
responsible for the building work
carried out in those stages.
(3) Without limiting the generality of sub-
regulation (2), where a ship that is the subject of an application
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Declaration
of ownership.
for registration has been altered (whether by the builder or by
another person) after its completion, the ship shall be taken,
for the purposes of that sub-regulation, to have been built in
stages by more than one builder.
9. For the purposes of subparagraph 7 (1) (b) (iv), a
declaration of ownership shall be in accordance with Form
3(ii) and shall contain the particulars referred to in section 15
of the Act and shall –
(a) specify the ship to which it relates;
(b) specify, in relation to each person to
whom the ship belongs –
(i) the name, address and
citizenship of each person,
and in the case of a body
corporate the name,
address and citizenship of
each shareholder;
(ii) the grounds on which the
person claims the
citizenship so specified;
(iii) the nature and extent of
the interest of the person
in the ship; and
(iv) the date on which that
interest was acquired;
(c) where the registration of the ship
under the Act depends on its being a
ship on bareboat charter to a Guyana-
based operator, specify, in relation to
each charterer under the charter party
–

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Grant of
certificate of
registration.

Registration
of
government
ships.
(i) the name, address and
citizenship of the
charterer;
(ii) the grounds on which the
charterer claims the
citizenship so specified;
and
(iii) the extent of the interest
of the charterer in the
bareboat charter of the
ship; and
(d) be duly signed by each person referred
to in paragraph (b) or (c); and may
consist of several documents in like
form that, together, contain the
information required by paragraphs
(a), (b) and (c) and are signed in
accordance with paragraph (d).
10. Upon completion of the requirements for
registration the Registrar shall enter the particulars of the ship
prescribed by subsection 21 (3) of the Act in the Register Book
and shall issue to the owners of the ship a certificate of
registration. The certificate of registration shall be in
accordance with Form 4 containing the particulars prescribed
by section 37 (2) of the Act.
11. A government ship for commercial purposes shall,
and a government ship for non-commercial purposes may be
registered in the same manner as other ships except as
provided herein—
(a) the application for registration shall be
made by the Permanent Secretary of
the Ministry or the Head of the
Department to whom the management
of the ship is entrusted or by any other
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Registration
of ships
under
construction.
officer nominated in this behalf by the
Government or the Minister, as the
case may be, and shall be in
accordance with Form 5.
(b) neither a Declaration of Ownership nor
a Declaration of Transfer shall be
necessary;
(c) the Registrar, upon receiving such
application and upon being satisfied
that all the necessary formalities have
been complied with, shall enter the
name of the ship in the Register as
belonging to the Government of
Guyana;
(d) the transfer of ownership of a
registered Government ship shall be
made by a Bill of Sale in the
appropriate form omitting the
covenant contained therein and shall
be signed on behalf of the Government
by a person duly authorised by the
Government for that purpose.
12. (1) A ship under construction may be entered in
the register book for ships under construction from the date of
the signing of the contract for construction until it is placed on
another register after completion, and may, pending such
registration, be entered in the register book for ships under
construction from the date of the signing of the contract for
construction until it is placed on another register after
completion with a temporary name and number signed by the
Registrar.
(2) On the registration of any such ship, which
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after registration, is hereinafter termed a ship under
construction, and as a condition precedent thereto, the owner
thereof shall deliver to the Registrar, a description of the ship
and a statement of the intended port of Registry in the
prescribed form.
(3) Application for registration of a ship under
construction shall be in accordance with Form 6 and every
person who makes an application in Form 6 shall lodged with
his application the prescribed fee.
(4) For the purposes of this regulation the owner of
every ship which is being built shall identify it by painting on
a board, maintained near the place within the yard of the
builder where the ship is being built, or fitted out, on a dark
background, in white or yellow numerals and letters of not
less than one decimeter in height and of proportionate
breadth, the assigned number, the temporary name and the
name of the intended port of Registry.
(5) Where a ship under construction is sold the Bill
of Sale shall be filed with the Registrar and on receipt of such
Bill of Sale, the Registrar shall enter the particulars thereof in
the Register book for ships under construction and endorse on
the Bill of Sale the date and hour that the entry was made but
the ownership of a ship under construction which is sold shall
be deemed to remain unchanged until the requirements of this
sub-regulation have been met.
(6) A ship under construction may be made
security for the repayment of a debt or the discharge of any
other obligation.
(7) Every instrument of a mortgage for a ship
under construction shall be in accordance with Form 7 and
shall be registered in the manner provided in section 59 of the
Act and regulation 32 and such mortgage for a ship under
construction shall be discharged in the manner provided in
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Registration
of abandoned
ships.

Particulars of
master to be
endorsed on
certificate of
registration
of ships
leaving
Guyana or
section 61 of the Act.
(8) Every mortgage for a ship under construction
binds the ship under construction to which it relates from the
date of execution of the building contract, or from the date of
commencement of building to the date of completion thereof
or to the date of transfer from the register book for ships under
construction to the register book for merchant ships or the
register book for fishing vessels as the case may be.
(9) Sections 59 to 74 of the Act shall, so far as the
context permits, apply mutatis mutandis to a mortgage for a
ship under construction.
13. (1) An application for the registration or re-
registration of an abandoned or wrecked ship shall specify
whether the owner desires to retain the ship's previous name,
and shall be in accordance with Form 8.
(2) On completion of the requirements for first
registration or re-registration of the ship, the Registrar shall
make the following entry in the Register in the space allotted
for "the name of the ship and previous name and registry, if
any"—
"Certificate of sea worthiness, dated at day of
was granted as required under section 48 of the
Guyana Shipping Act, Cap. 49:01.”
(3) Every person who makes an application in
Form 8 shall lodge with his application the prescribed fee.
14. (1) A registered ship shall not –
(a) depart from a Guyana port to a place
outside Guyana; or
(b) depart from a foreign port at which
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port .
there is a proper officer to Guyana or
any other foreign port;
unless there is endorsed on the certificate of registration in
relation to each person who is, for the time being, authorised
to be the master of the ship, the name and address of the
person.
(2) The master and owner of a ship that departs
from a port in contravention of sub-regulation (1) are each
guilty of an offence punishable, on conviction, by a fine not
exceeding two hundred and fifty thousand dollars.
(3) An endorsement for the purposes of sub-
regulation (1) shall not be made or cancelled, as the case may
be, unless –
(a) there is lodged with the Registrar or,
where the registered ship is at a
foreign port at which there is a proper
officer, with the proper officer –
(i) the certificate of
registration; and
(ii) a request in writing to
that intent, in accordance
with Form 9, duly signed
by the registered agent or
master of the ship;
(iii) the prescribed fee; and
(b) where the request is signed by the
master of the ship, there is produced to
the Registrar or the proper officer, for
noting, documentary evidence of the
appointment of the master.
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New
certificates
and
provisional
certificates.
(4) The lodgment with the Registrar of documents
referred to in sub-regulation (3) shall be effected –
(a) in the manner specified in regulation
5(1) and accompanied by the
prescribed fee; or
(b) by delivering the documents,
addressed to the Registrar and
accompanied by the prescribed fee, to
a prescribed office.
(5) The lodgment with a proper officer of
documents referred to in sub-regulation (3) shall be effected by
delivering the documents, addressed to the proper officer in
the manner specified in regulation 5(2) and accompanied by
the prescribed fee, to the office of that officer.
PART III
PROVISIONAL CERTIFICATES
15. (1) Where –
(a) a certificate of registration is mislaid,
lost or destroyed; or
(b) a certificate of registration is lodged
with the Registrar;
the Registrar may, upon application made in the prescribed
manner, grant a new certificate in substitution for that
certificate.
(2) If –
(a) an event referred to in paragraph (1)
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(a) occurs while the ship concerned is
at a foreign port at which there is a
proper officer; or
(b) such an event occurs while the ship
concerned is at sea or at a foreign port
at which there is no proper officer and,
subsequently, but before arriving at a
Guyanese port, the ship arrives at a
foreign port at which there is a proper
officer,
the Registrar or the proper officer at that port shall, upon
application made to him, subject to the regulations, grant a
provisional certificate of registration in respect of the ship in
the prescribed manner.
(3) Subject to sub-regulation (5), a provisional
certificate of registration granted in respect of a ship under
sub-regulation (2) has the same effect as a certificate of
registration until –
(a) the ship arrives at a Guyanese port; or
(b) the expiration of a period of 6 months
commencing on the date on which the
certificate was granted; whichever first
happens.
(4) Where a proper officer grants a provisional
certificate of registration under this section, he or she shall
forward a copy of the certificate to the Registrar.
(5) If, while a provisional certificate of registration
granted in respect of a ship under sub-regulation (2) is in
effect, application is made in the manner prescribed, the
Registrar may, by notice in writing served on the applicant,
extend, in relation to the certificate, the period referred to in
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Application
for new
certificates
and
provisional
certificates.
paragraph (3) (b) and, in that event, the reference in that
paragraph to a period of 6 months shall be read as a reference
to that period as so extended.
(6) The person who has possession of a provisional
certificate of registration granted under sub-regulation (2)
shall, within 10 days after the ship first arrives at a Guyanese
port after the grant, lodge the certificate with the Registrar.
(7) Upon lodgment of a provisional certificate of
registration under sub- regulation (6), the Registrar shall, in his
discretion –
(a) grant a further provisional certificate
of registration in respect of the ship; or
(b) grant a new certificate of registration
in respect of the ship.
(8) A provisional certificate of registration granted
under paragraph (7) (a) has the same effect as a certificate of
registration for such period after the date on which the
certificate was granted as the Registrar specifies in the
certificate.
16. (1) An application under regulation 15 for the
grant of a new certificate of registration in respect of a ship
shall be in accordance with Form 10 and shall –
(a) be in writing;
(b) specify –
(i) the name and official
number of the ship;
(ii) the reason why a new
certificate of registration
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is required; and
(iii) where that reason is that
the certificate of
registration of the ship
has been mislaid, lost or
destroyed, the
circumstances of the
mislaying, loss or
destruction;
(c) be duly signed by the registered agent
or the master of the ship; and
(d) where the application is duly signed
by the master of the ship - have affixed
to it documentary evidence of the
appointment of the master.
(e) be lodged with the prescribed fee.
(2) A provisional certificate of registration granted
under regulation 15 (2) or (7) shall be in accordance with Form
11.
(3) A provisional certificate of registration shall not
be granted under sub- regulation 15 (2) of the Act in relation to
a ship unless –
(a) there is lodged with the Registrar or
the proper officer an application in
writing duly signed by the registered
agent or master of the ship specifying –
(i) the particulars of the ship,
of its owners and of its
registered agent as
specified in the certificate
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of registration; and
(ii) the circumstances of the
mislaying, loss or
destruction of the
certificate of registration;
and
(b) where the application is signed by the
master of the ship, there is produced to
the Registrar or the proper officer, for
noting, documentary evidence of the
appointment of the master and of his
authority to sign the application.
(c) there is lodged with the Registrar or
the proper officer, as the case may be,
the prescribed fee.
(4) Where, after the grant in respect of a ship of a
new certificate of registration under sub-regulation 15 (1) or (7)
of the Act by reason of the certificate of registration in respect
of that ship having been lost or mislaid, that certificate of
registration is found and is in the custody or control of a
relevant person, that person shall, before the expiration of the
relevant period, lodge that certificate of registration with the
Registrar for cancellation.
(5) Where, after the grant in respect of a ship of a
provisional certificate of registration under sub-regulation 15
(2) or (7) of the Act by reason of the certificate of registration in
respect of that ship having been lost or mislaid, that certificate
of registration is found and is in the custody or control of a
relevant person, that person shall, before the expiration of the
relevant period, lodge with the Registrar notice in writing to
that effect together with the provisional certificate of
registration.
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Provisional
certificates
for ships
becoming
entitled to be
registered
when abroad.
(6) For the purposes of sub-regulations (4) and (5)
–
(a) a person is a relevant person in
relation to a ship if that person is the
master or registered agent of the ship
or the owner, or one of the joint
owners, or owners in common, of one
or more' shares in the ship; and
(b) the relevant period is the period of 30
days commencing on –
(i) the date on which the certificate
of registration was found; or
(ii) the date on which the certificate
of registration came into the
custody or control of the
relevant person; whichever is
the later date.
(7) A person who, without reasonable excuse, refuses or fails to
comply with sub-regulation (4) or (5) is guilty of an offence
punishable, on conviction, by a fine not exceeding fifty
thousand dollars.
17. (1) If –
(a) while a ship is at a foreign port at
which there is a proper officer, it
becomes a ship entitled to be
registered; or
(b) while a ship is at sea or at a foreign
port at which there is no proper
officer, it becomes a ship entitled to be
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registered and, subsequently, but
before arriving at a Guyanese port, it
arrives at a foreign port at which there
is a proper officer;
the proper officer at that port may, subject to the regulations,
grant a provisional certificate of registration in respect of the
ship in accordance with Form 11.
(2)Subject to sub-regulation (4), a provisional certificate
of registration granted in respect of a ship under this
regulation has the same effect as a certificate of registration,
and, for the purposes of the Act and of the lawful navigation of
the ship, the ship shall be deemed to be registered, until –
(a) the ship arrives at a Guyanese port; or
(b) the expiration of a period of 6 months
commencing on the date on which the
certificate was granted; whichever
first happens.
(3) Where a proper officer grants a provisional
certificate of registration under this regulation, he or she shall
forward a copy of the certificate to the Registrar.
(4) If, while a provisional certificate of registration
granted in respect of a ship under sub-regulation (1) is in
effect, application is made in the manner prescribed, the
Registrar may, by notice in writing served on the applicant,
extend, in relation to the certificate, the period referred to in
paragraph (2) (b) and, in that event, the reference in that
paragraph to a period of 6 months shall be read as a reference
to that period as so extended.
(5) The person who has possession of a provisional
certificate of registration granted in respect of a ship under
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Provisional
certificates
granted by
the Registrar.
sub-regulation (1) shall, within 10 days after the ship first
arrives at a Guyanese port after the grant, lodge the certificate
with the Registrar.
(6) Upon lodgement of a provisional certificate of
registration under sub-regulation (5), the Registrar may grant a
further provisional certificate of registration in respect of the
ship.
(7) A provisional certificate of registration granted in
respect of a ship under sub-regulation (6) has the same effect
as a certificate of registration for such period after the date on
which the certificate was granted as the Registrar specifies in
the certificate and, for the purposes of this Act and of the
lawful navigation of the ship, the ship shall be deemed to be
registered during that period.

18. (1) If, while a ship is at sea or at a foreign port, it
becomes a ship entitled to be registered, the Registrar may,
subject to the regulations, grant a provisional certificate of
registration in respect of the ship in accordance with Form 11.
(2) If, while a ship is at a Guyanese port, it is or
becomes entitled to be registered, the Registrar may, subject to
the regulations, after he or she is satisfied that it is the
intention of the owner of the ship that the ship will depart
from that port to a place outside Guyana, grant a provisional
certificate of registration in respect of the ship in accordance
with Form 11.
(3) Subject to sub-regulation (4), a provisional
certificate of registration granted in respect of a ship under this
section has the same effect as a certificate of registration and,
for the purposes of the Act and of the lawful navigation of the
ship, the ship shall be deemed to be registered until –
(a) in the case of a ship in respect of
which the certificate was granted
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under sub-regulation (1) –
(i) the ship arrives at a Guyanese
port; or
(ii) the expiration of a period of 6
months commencing on the
date on which the certificate
was granted; whichever first
happens; or
(b) in the case of a ship in respect of
which a certificate was granted under
sub-regulation (2) –
-
(i) the ship first returns from a
place outside Guyana to a
Guyanese port after the grant;
or
(ii) the expiration of a period of 6
months commencing on the
date on which the certificate
was granted; whichever first
happens.
(4) If, while a provisional certificate of registration
granted in respect of a ship under sub-regulation (1) or (2) is in
effect, application is made in the manner prescribed, the
Registrar may, by notice in writing served on the applicant,
extend, in relation to the certificate, the period referred to in
subparagraph (3) (a) (ii) or (3) (b) (ii), as the case requires, and,
in that event, the reference in that subparagraph to the period
of 6 months shall be read as a reference to that period as so
extended.
(5) The person who has possession of a provisional
registration certificate granted in respect of a ship under sub-
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Conditions
for grant of
provisional
certificate.
regulation (1) or (2) shall –
(a) in a case where the certificate was
granted under sub-regulation (1) -
within 10 days after the ship first
arrives at a Guyanese port after the
grant; or
(b) in a case where the certificate was
granted under sub-regulation (2) –
within 10 days after the ship first
returns from a place outside Guyana
to a Guyanese port after the grant;
lodge the certificate with the
Registrar.
(6) Upon lodgement of a provisional certificate of
registration under sub-regulation (5), the Registrar may grant a
further provisional certificate of registration in respect of a
ship.
(7)A provisional certificate of registration granted in
respect of a ship under sub-regulation (6) has the same effect
as a registration certificate for such period after the date on
which the certificate was granted as the Registrar specifies in
the certificate and, for the purposes of this Act and of the
lawful navigation of the ship, the ship shall be deemed to be
registered during that period.
19. (1) Subject to sub-regulation (2), a provisional
certificate of registration shall not be granted by a proper
officer under sub-regulation 17 (1) of these regulations or by
the Registrar under sub-regulation 18 (1) or (2) of these
regulations in relation to a ship unless –
(a) there is lodged with the proper officer
or the Registrar, as the case requires,
an application in writing in
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accordance with Form 12 duly signed
by the owner or the master of the ship
specifying –
(i) the existing name (if any) of the
ship;
(ii) where the ship is unnamed, the
builder’s identification of the
ship;
(iii) the proposed name of the ship;
(iv) the proposed home port of the
ship;
(v) the call sign (if any) of the ship;
(vi) the name and address of the
builder of the ship;
(vii) the year of completion of the
ship;
(viii) particulars of the technical
characteristics of the ship;
(ix) particulars of any previous
registration of the ship;
(x) if there is no tonnage certificate
–
(A) the estimated gross tonnage of
the ship; and
(B) identity of the person by whom
the estimate was made;
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(xi) in relation to each person to
whom the ship belongs –
(A) the name, address and
citizenship of the person; and
(B) the extent of the interest of the
person in the ship;
(xii) if the application is in respect of a
ship the registration of which under
the Act depends upon its being a
ship on bareboat charter to a
Guyana-based operator –
(A) the name, address and
citizenship of each charterer
under the charter-party; and
(B) the extent of the interest of each
charterer in the bareboat
charter of the ship;
(xiii) the date and manner of acquisition
of the ship by the present owner;
(xiv) the name, address and description of
each of the persons from whom the
ship was acquired;
(xv) details of any application, being an
application for the registration of the
ship under section 14 of the Act, that
has been lodged in accordance with
regulation 7; and
(xvi) in relation to each person authorised
by the owner to be, at any time
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during the currency of the
provisional certificate of registration,
the master of the ship the name and
address of the person; and
(b) there is produced to the proper officer
or the Registrar, as the case requires,
for noting –
(i) the instrument (if any) by
which ownership of the ship
passed to the owner named in
the application;
(ii) where the application is signed
by the master of the ship,
documentary evidence of his
appointment as master and of
his authority to sign the
application;
(iii) the Tonnage certificate (if any)
that is in force in relation to the
ship; and
(iv) where the ship has, at any time,
been registered under the law
of a foreign country,
documentary evidence that:
(A) the ship is no longer registered
under the law of that country;
or
(B) steps have been taken, or are
proposed to be taken, to close
the registration of the ship
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Extension of
period of
currency of
provisional
certificate.
under the law of that country
on or before the grant of the
provisional certificate of
registration.
(c) there is lodged with the proper officer
or the Registrar, as the case may be,
the prescribed fee.
(2) A statement in an application under sub-
regulation (1) to the effect that the person signing the
application is unable to supply the information referred to in
subparagraph (1) (a) (ii), (vi), (vii), or (x), together with a
statement of the reason for that inability, shall be taken, for the
purposes of that sub-regulation, to satisfy the requirements of
that subparagraph and, where that inability is in respect of the
information referred to in subparagraph (1) (a) (x),
subparagraph (1) (b) (iv) does not apply in relation to that
application.
(3) Where a provisional certificate of registration
granted in respect of a ship ceases to have effect before the
ship first arrives at, or returns to, a Guyanese port after the
grant, the person who has possession of the certificate shall,
within 30 days after the certificate so ceases to have effect,
lodge the certificate with the Registrar.
(4) A person who, without reasonable excuse,
refuses or fails to comply with sub-regulation (3) is guilty of an
offence punishable, on conviction, by a fine not exceeding two
hundred and fifty thousand dollars.
20. An application under sub-regulation 15 (5), 17 (4)
or 18 (4) for the extension of the period during which a
provisional certificate of registration is in force in respect of a
ship shall be in accordance with Form 13 and shall –
(a) be in writing;
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Temporary
passes.
(b) specify –
(i) the name and official number
(if any) of the ship;
(ii) the date and place of issue of
the provisional certificate of
registration;
(iii) the name of the Guyanese port
at which it is expected that the
ship next arrive and the date on
or near which it expected that
the ship will arrive at that port;
and
(iv) the reason for making the
application;
(c) be duly signed by the owner or the
master of the ship;
(d) be lodged with the Registrar or a
proper officer; and
21. (1) Application for the grant of a temporary pass
under section 42 of the Act shall be made by lodging with the
Registrar an application in writing signed in accordance with
sub-regulation (2), an in accordance with Form 14 being an
application specifying –
(a) the name (if any) of the ship or, if the
ship has no name, the builder’s
identification of the ship (if known to
the applicant);
(e) be lodged with the prescribed fee.
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(b) the year of completion of the ship (if
known to the applicant);
(c) the type of the ship (in terms of its
purpose);
(d) the method of propulsion of the ship;
(e) the principal material of construction
of the hull of the ship;
(f) the length of the ship;
(g) the name and address of the builder
of the ship (if known to the applicant);
(h) if there is no tonnage certificate –
(i) the estimated gross tonnage of
the ship; and
(ii) identity of the person by whom
the estimate was made
(i) name and address of each of the
persons to whom the ship belongs;
(j) where the application is signed as
mentioned in sub-regulation (3), the
name and address of each person who
is a charterer under the charter-party;
(k) the port at which it is proposed that
the voyage be commenced;
(l) the port at which it is proposed that
the voyage be concluded;
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(m) the anticipated duration of the
voyage; and
(n) the reasons for seeking the grant of
the pass.
(2) Subject to subsection (3), an application under
sub-regulation (1) shall be duly singed by the owner of the
ship or, where the proposed voyage is to be undertaken by the
builder of the ship for the purposes of delivering the ship to
the owner, by the builder.
(3) An application under sub-regulation (1) in
relation to a ship that is on bareboat charter (whether to a
Guyana-based operator or not) shall be taken to be signed in
accordance with sub-regulation (2) if it is duly signed-
(a) by each of the charterers under the
charter- party; or
(b) by the person appointed for the
purposes of this paragraph by
instrument in writing duly signed by
each of those charterers.
(4) There shall be produced to the Registrar for
noting, at the time of lodgement of an application under sub-
regulation (1) –
(a) where the application is signed as
mentioned in sub-regulation (3),
documentary evidence of the grant by
the owner of permission for the
undertaking by the ship of the voyage
to which the application relates or of
voyages of a class in which that
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voyage is included;
(b) where the application is signed as
mentioned in paragraph (3) (b), the
instrument referred to in that
paragraph; and
(c) the tonnage certificate (if any) in force
in relation to the ship.
(5) Upon receipt of an application under sub-
regulation (1), the Registrar shall forward the application,
together with such other documents as he thinks fit, to the
Minister for his consideration.
(6) A temporary pass granted under section 42 of
the Act shall be in accordance with Form 15.
(7) Subject to sub-regulation (8), where –
(a) a voyage specified in a temporary
pass granted under section 42 of the
Act is completed or abandoned; or
(b) the period of validity of such a pass
expires;
the person who has possession of the pass shall,
within 10 days after the occurrence of the event
referred to in paragraph (a) or (b), surrender the pass by –
(i) lodging it with the Registrar; or
(ii) delivering it to a proper officer.
(8) Where, by reason of circumstances beyond the
control of the person referred to in sub-regulation (7), it is not
practicable for that person to surrender the pass within the
time specified in that sub-regulation, that person shall
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Change in
name,
address or
citizenship.
surrender the pass as soon as it is practicable to do so.
(9)A person who, without reasonable excuse,
refuses or fails to comply with sub-regulation (7) or (8) is
guilty of an offence punishable, on conviction, by a fine not
exceeding two hundred and fifty thousand dollars.
(10) Every person who makes an application in
Form 14 shall lodge with his application the prescribed fee.
PART IV
CHANGES AND IDENTIFICATION
22. (1) Where a change occurs in –
(a) the name, address or citizenship of a
person whose name appears in the
Register as that of an owner or
charterer of a ship;
(b) the name of the person whose name
appears in the Register as that of the
registered agent of a ship;
the owner, charterer or registered agent of that ship shall,
within 14 days after the change occurs, comply with the
requirements of sub-regulation (3).
(c) A person who, without reasonable
excuse, refuses or fails to comply with
this sub-regulation is guilty of an
offence punishable, on conviction, by
a fine not exceeding fifty thousand
dollars.
(2) (a) Where a change occurs in the name or
address of a person whose name
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appears in the Register as that of a
mortgagee of a ship, that person shall,
within 14 days after the change
occurs, comply with the requirements
of sub-regulation (3).
(b) A person who, without reasonable
excuse, refuses or fails to comply with
this sub-regulation is guilty of an
offence punishable, on conviction, by
a fine not exceeding fifty thousand
dollars.
(3) The requirements referred to in sub-regulations
(1) and (2) are as follows –
(a) to lodge with the Registrar-
(i) a notice of the change in
accordance with Form 16; and
(ii) in the case of a change in the
name of a natural person a
statutory declaration by a
person well acquainted with
the facts of the case, and not
having any direct or indirect
interest in the ship or its
operation, to the effect that the
person whose name has
changed is the same person as
the person referred to in
paragraph (1) (a) or (b), or sub-
regulation (2), as the case
requires, and that the
qualifications of the declarant
are as specified in this
subparagraph;
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Marking of
ships.
(b) to produce to the Registrar for noting –
(i) in the case of a change in the
name of a natural person upon
marriage, the relevant marriage
certificate;
(ii) in the case of a change in the
name of a natural person by
deed poll, the relevant deed;
(iii) in the case of a change in the
name of a body corporate
incorporated under a law
relating generally to the
incorporation of companies, co-
operative societies or other
bodies corporate, a certificate of
the change of name issued
under that law; or
(iv) in the case of a change in the
name of a person other than a
person referred to in
subparagraph (i), (ii) or (iii) –
an authentic copy of the law or
instrument by which the
change was effected.
(4) A notice of change lodged with the Registrar in
pursuance of sub-regulation (3) with respect to a change in the
citizenship of a person shall set out particulars of the manner
in which the change occurred.
23. (1) Subject to this regulation, a ship shall, for the
purposes of section 36 of the Act, be marked as follows –
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(a) the name of the ship shall be
inscribed, in accordance with sub-
regulation (2), on each bow;
(b) the names of the ship and its home
port shall be inscribed, in accordance
with sub-regulation (2) –
(i) on the stern; or
(ii) if the configuration of the stern
is such that those names cannot
be legibly displayed on the
stern, on each side of the hull as
near as practicable to the stern;
or
(iii) if compliance with sub-
paragraph (i) or (ii) is not
practicable on such other part
or parts of the ship as the
Registrar permits;
(c) an inscription in accordance with sub-
regulation (3) shall be made, in a
position in which it may readily be
inspected, on the main beam of the
ship or, if the ship has no main beam
or it is impracticable so to make the
inscription on the main beam, on
another main structural member or
integral part of the ship.
(2) The inscriptions referred to in paragraphs (1)
(a) and (b) shall be made in the following manner –
(a) all alphabetical characters shall be in
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the form of-
(i) upright sans serif black capital letters,
not being expanded or condensed
forms of those letters, the height of
which is not less than 100 millimetres
and the thickness of the strokes of
which is not less than 20%, and not
more than 25%, of their height; or
(ii) lettering approved, either generally or
in a particular case, by the Registrar,
being lettering that is not less legible
than lettering of the kind referred to
in subparagraph (i);
(b) all numerals, whether Arabic or
Roman, shall be in a style matching
that of the alphabetical characters;
(c) the inscription shall be applied in
waterproof paint of a colour that
makes a distinct contrast with the
colour of the background on which it
appears.
(3) The inscription referred to in paragraph (1) (c)
shall comprise –
(a) the letters “O.N.” followed by the
official number of the ship; and
(b) either:
(i) the letters “G.T.” followed by
the gross tonnage of the ship as
shown on its Tonnage
certificate;
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(ii) where there is no tonnage
certificate, the letters “L.O.A.”
followed by the length of the
ship in metres taken to 2
decimal places;
being letters and figures:
(c) that-
(i) are incised into the surface of
the portion of the ship to which
they are applied; or
(ii) form part of the fabric of that
portion of the ship and project
from the surrounding surface
of that portion of the ship; and
(d) the height of which is –
(i) not less than 100 millimetres; or
(ii) where the portion of the ship to
which they are applied is such
that compliance with
subparagraph (i) is not
practicable, the maximum
practicable height.
(4) Where, by reason of the nature of the
constructional features of a ship, there is no part of the ship
that is readily identifiable as a bow, or as the stern, of the ship,
an inscription required by paragraph (1) (a) or (b) to be made
on a bow or on the stern of the ship, as the case requires, shall
be made on such part of the ship as the Registrar determines.

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Name of
registered
ship and
change of
name.

National
Flag.
(5) Where, in the opinion of the Minister, it is
unreasonable to require compliance, or compliance in full,
with the requirements of paragraph (1) (a) or (b) in relation to
a ship, or in relation to ships included in a class of ships, the
Minister may, by instrument in writing, exempt the ship, or
ships included in the class of ships, from the requirements
specified in the instrument, subject to compliance with the
conditions (if any) specified in the instrument.
24. (1) An application under subsection 24 (2) of the
Act for a change in the name of a registered ship shall be made
by lodging with the Registrar a request in writing, in
accordance with Form 17, for approval of the change duly
signed by the owner or registered agent of the ship and
specifying –
(a) the present name of the ship;
(b) the official number of the ship; and
(c) in order of preference, 3 proposed
names for the ship.
(2) The Registrar shall be entitled to disallow the
name, if it falls into any of the classes specified by sub-
regulation 7 (11).
(3) Every person who makes an application in Form
17, shall lodge with his application the prescribed fee.
25. When the national flag is flown by a ship, it shall
be flow at the stern or –
(a) where, by reason of the design of the
ship or the use to which it is put, it is
not practicable to fly a flag at the
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Alterations to
ships.

Home port
and change
of home port.
stern, as near as practicable to the
stern; or
(b) where the design of the ship is such
that it has no stern, in such position as
is approved by the Registrar in
relation to the ship by notice in
writing, in accordance with Form 18,
given to the registered agent.
26. (1) The manner for the giving of notice of an
alteration to a ship is the lodging with the Registrar a notice in
writing in accordance with Form 19 that –
(a) specifies –
(i) the name and official number
of the ship; and
(ii) the nature of the alteration;
(b) is duly signed by the registered agent
of the ship.
27. (1) The port that may be selected as the home port
of a registered ship shall be Georgetown or one of the ports
that the Minister may by order declare to be a Port of Registry
under section 20 of the Act.
(2) Application may be made for a change in the home
port of a registered ship by lodging with the Registrar a
request in writing that-
(a) specifies –
(i) the name and official number
of the ship;
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(ii) the present home port of the
ship; and
(iii) the proposed home port of the
ship; and
(b) is duly signed by the registered agent
of the ship.
(3) Upon the receipt of an application under sub-
regulation (2), the Registrar shall, if the proposed home port is
a port that is, for the time being, a port that is, or is to be taken
to be, a port declared to be a Port of Registry for the purposes
of sub-regulation (1), give notice in writing in accordance with
Form 20 to the registered agent to the effect that registration of
the change of home port in relation to the ship may proceed
upon that part of the inscription referred to in paragraph 23 (1)
(b) that relates to the home port of the ship being altered
accordingly.
(4) Where the Registrar gives a notice to the
registered agent of a ship under sub-regulation (3), the
registered agent shall, within 30 days after the date of the
notice, lodge with the Registrar a certificate in writing
endorsed on that notice and duly signed by the registered
agent stating that part of the marking on the ship relating to
the name of its home port has been altered in a manner that
complies with regulation 23.
(5) The registered agent of a ship who, without
reasonable excuse, refuses or fails to comply with sub-
regulation (4) is guilty of an offence punishable, upon
conviction, by a fine not exceeding fifty thousand dollars.
(6) Upon the receipt of –

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Transfer of
ship etc.
(a) the certificate referred to in sub-
regulation (4); and
(b) the ship’s certificate of registration;
the Registrar shall –
(i) cause the new home port to be
entered in the Register in relation to
the ship; and
(ii) endorse the change of home port on
the ship’s certificate of registration
and return it to the registered agent.
(7) Every person who makes an application in
Form 20 shall lodge with his application, the prescribed fee.
PART V
TRANSFERS AND MORTGAGES
28. (1) A bill of sale for the purposes of subsection 52
(1) of the Act in relation to a ship shall be in accordance with
Form 21 and shall –
(a) in addition to the matters referred to
in subsection 52 (2) of the Act, specify
–
(i) the name and official number
of the ship;
(ii) the number of shares in the
ship to which the bill of sale
relates;

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(iii) the name and address of each
transferor;
(iv) the name and address of each
transferee; and
(v) particulars of any mortgage
registered in relation to the
ship; and
(b) be duly signed by each transferor.
(2) A declaration of transfer made under section 53
of the Act shall –
(a) be in writing and in accordance with
Form 22;
(b) specify –
(i) the name and official number
of the ship; and
(ii) the date of the bill of sale to
which it relates;

(c) specify, in relation to each person
who is a transferee under the bill of
sale, in addition to the matters
referred to in section 53 of the Act –
(i) the grounds on which the person, if a
natural person, claims the citizenship
specified in the declaration in relation
to the person; and
(ii) the extent of the interest of the person
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Application
for the sale or
mortgage of a
ship, or share
thereof,
outside of
Guyana.
Certificate of
sale of a ship,
or share
thereof,
outside of
Guyana.
Certificate of
mortgage of a
ship, or share
thereof,
outside of
Guyana.

Mortgage of
ship etc.

in the ship; and
(d) be duly signed by each transferee.
(3) Where, by reason of the transfer of a ship or a share
of a ship, there is a change in the person who is the registered
agent of that ship, the bill of sale in relation to the transfer
shall, when produced to the Registrar in accordance with
subsection 54 (1) of the Act, be accompanied by a notice of
change of the registered agent in accordance with Form 23.
29. For the purposes of subsection 68 (1) of the Act, an
application for the sale or mortgage of a ship, or share thereof,
outside of Guyana shall be in accordance with Form 24 (a) or
Form 24 (b), as appropriate, and shall be lodged with the
prescribed fee.
30. For the purposes of subsection 69 (5) of the Act, a
certificate of sale of a ship, or share thereof, outside of Guyana
shall be in accordance with Form 25.
31. For the purposes of subsection 68 (5) of the Act, a
certificate of mortgage of a ship, or share thereof, outside of
Guyana shall be in accordance with Form 26.
32. For the purposes of subsection 59 (1) of the Act, an
instrument of mortgage of a ship or a share in a ship shall be in
accordance with Form 27, and shall-
(a) specify –
(i) the name and official number
of the ship;
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Transfer of
mortgage.

Transfer of
registration
from foreign
ports of ships
entitled to be
registered.
(ii) the number of shares affected;
(iii) the name and address of each
mortgagor; and
(iv) the name, address and
citizenship of each mortgagee;
and
(b) be duly signed by each mortgagor.
33. For the purposes of subsection 66 (1) of the Act, a
transfer of mortgage shall be in accordance with Form 27.
34. (1) Application under section 71 of the Act for the
registration of a ship shall be made by –
(a) lodging with the Registrar –
(i) an application in writing, in
accordance with Form 28 for
the registration of the ship duly
signed by the owner of the
ship;
(ii) where the registration of the
ship depends upon its being a
ship on bareboat charter to a
Guyanese-based operator, a
copy of the charter-party;
(iii) a declaration of ownership in
accordance with regulation 9;
and
(iv) a notice in writing duly signed
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Certificates
etc. in respect
of ships
deemed
registered
under the
by the owner of the ship
specifying the name and
address of the person who will
be, or of each of the persons
who will constitute, the
registered agent of the ship
upon its being registered;
(v) the prescribed fee; and
(b) producing to the Registrar, for noting,
the licence or other document (if any)
authorising the use of a call sign in
relation to the ship.
(2) An application under sub-regulation (1) shall
specify –
(a) in order of preference, 3 proposed
names for the ship;
(b) the proposed home port of the ship;
(c) the foreign register concerned;
(d) the official number of the ship on that
register;
(e) the name of the ship appearing on
that register; and
(f) the home port of registry, of the ship
appearing on that register.
35. (1) In this regulation-
“relevant document” means a certificate granted, or other
document granted or issued, under these Regulations;

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Act.
“relevant record” means an entry or record that, immediately
before the date fixed under section 1 of the Act, appeared
in the register book kept at a port in Guyana under the
previous law in relation to a ship that is deemed, on and
from that date, to be registered under the Act.
(2) Where a relevant document includes
information in relation to a ship that is expressed in terms of
measurements other than measurements in terms of which
that information is required by these Regulations to be
expressed, that information may be expressed in a relevant
document in relation to that ship in terms of either or both of
those measurements.
(3) Where a relevant record includes information
in relation to a ship that is not required by the Act or these
Regulations to be entered in the Register, that information
shall be omitted from a relevant document in relation to that
ship.
(4) Where a relevant record does not include
information in relation to a ship that is required by the Act or
these Regulations to be entered in the Register –
(a) the Registrar may take such action as
is reasonable for the purpose of
obtaining that information; and
(b) the failure to include that information
in a relevant document granted or
issued in relation to that ship at a time
when the Registrar is not in
possession of that information shall
not affect the validity of that
document.

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Caveat may
be lodged
forbidding
registration
of certain
instruments.
PART VI
CAVEATS
36. (1) A person claiming an interest in a ship or in a
share in a ship under any unregistered instrument, or by
operation of law or otherwise, may lodge with the Registrar a
caveat in accordance with the prescribed form forbidding the
entry in the Register of any instrument relating to any dealing
with that ship or share until after notice of the intended
dealing is given to the caveator.
(2) Every caveat shall state the name and address of the
caveator and shall contain a sufficient description to identify
the ship or the share in the ship in which the caveator claims
an interest and the interest claimed by the caveator and shall
be signed by the caveator or by his or her Attorney-at-law or
agent.
(3) A caveat shall not be entered in the Register by the
Registrar unless there is specified in the caveat an address in
Guyana at which notices relating to the caveat or to
proceedings in respect of the caveat may be served
(4) Where a person entitled to withdraw a caveat
notifies the Registrar, by lodging a notice in the prescribed
form, that the name of the caveator or the address for service
of notices on the caveator has been changed from the name or
address specified in the caveat, the Registrar shall record on
the caveat and in the Register the name or address so notified
and that name or address shall thereupon be the name of, or
the address for service of notices on, the caveator.
(5)Every notice relating to a caveat or to any
proceeding in respect of a caveat shall be deemed to be duly
served if served in accordance with a manner of service
specified in these regulations –
(a) at –
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(i) the address stated in the caveat
in pursuance of sub-regulation
(3); or
(ii) if an address has been notified
under sub-regulation (4), the
address, or the last address, so
notified; or
(b) if the caveat was signed by an
Attorney-at-law or agent, at the office
of that Attorney-at-law or at the
address of that agent.
(6) A caveat may be withdrawn –
(a) by the caveator or by the Attorney- at
-law or agent of the caveator if the
Attorney-at-law or agent is authorised
so to withdraw it;
(b) where the caveator is dead, by the
executor of the will, or the
administrator of the estate, of the
caveator;
(c) by a trustee or official receiver or
other person in whom the interest
claimed by the caveator is vested; or
(d) by any person in whom there is
entrusted, by reason of the mental
incapacity of the caveator, pursuant to
an order of a court or pursuant to a
written law, the management and
care of the interest claimed by the
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Notice of
caveat.
caveator.
(7)Where there is lodged for entry in the Register an
instrument relating to a dealing with a ship, or a share in a
ship, in respect of which a caveat has been lodged and the
Registrar is satisfied that, upon entry of that instrument in the
Register there will vest in the caveator the interest claimed by
the caveator in the caveat, the Registrar may, notwithstanding
the caveat and the provisions of regulations 38 and 39, enter
the dealing in the Register and may record on the caveat or in
the Register that the caveat has lapsed.
(8)Every person who lodges a caveat in the prescribed
form or a notice of change of name of caveator or address for
service in the prescribed form shall lodge with such Forms, the
prescribed fee.
37. (1) Upon entry in the Register of a caveat, the
Registrar shall notify particulars of the caveat –
(a) if the caveat relates to the ship, to the
person or each person entered in the
Register as an owner or part owner, or
as a mortgagee, of the ship; and
(b) if the caveat relates to a share in the
ship, to the person or each person
entered in the Register as an owner or
part owner, or as a mortgagee, of that
share.
(2) Any person notified, or required to be notified
under sub-regulation (1), of the entry in the Register of a
caveat may, if he or she thinks fit, summon the caveator to
attend before a Judge of the High Court of the Supreme Court
of Judicature of Guyana or the Court to show cause why the
caveat should not be removed.

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When caveat
to lapse.

No dealing to
be registered
while caveat
in force.
(3) The Judge of the High Court of the Supreme
Court of Judicature of Guyana or the Court, upon proof that
the caveator has been summoned, may make such order, either
ex parte or otherwise, as the Judge or the Court thinks fit.
38. A caveat entered in the Register in respect of a ship
or a share in a ship shall, unless an order to the contrary is
made by a Judge of the High Court of the Supreme Court of
Judicature of Guyana or the Court, and served on the
Registrar, be deemed to have lapsed upon the expiration of 14
days after notice is given to the caveator that –
(a) if the caveat relates to a ship, the
person or each person entered in the
Register as an owner or part-owner of
the ship or a person having a right to
register a dealing with the ship; or
(b) if the caveat relates to a share in the
ship, the person or each person
entered in the Register as an owner or
part-owner of the share or a person
having a right to register a dealing
with the share; has applied for the
registration of any dealing with the
ship or share.
39. (1) Subject to this regulation, so long as a caveat
remains in force in respect of a ship or a share in a ship, the
Registrar shall not, except with the consent in writing of a
person entitled to withdraw the caveat, enter in the Register
particulars of any dealing with that ship or share.
(2) Sub-regulation (1) shall not operate to prevent
the entry in the Register of dealing with a ship or a share in a
ship which, when the caveat was lodged with the Registrar,
had previously been lodged with the Registrar in a form
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Compensation
for lodging
caveat without
reasonable
cause.

Form of
caveat and
notice.


Fees.
Schedule 3.
satisfactory for entry in the Register.
(3) Except to the extent that it otherwise specifies,
a caveat shall not prevent the Registrar from entering in the
Register –
(a) the transmission of a ship or of a
share in a ship to a person where that
person becomes so entitled by
operation of law; or
(b) a dealing by a person as the
mortgagee under a mortgage of a ship
or a share in a ship, being a mortgage
to the entry of which the caveator has
consented or in respect of which the
caveat has lapsed.
40. A person who lodges a caveat with the Registrar
without reasonable cause is liable to pay to a person who has
sustained damage thereby such compensation as is just and
the compensation is recoverable in an action in a court of
competent jurisdiction by the person who has sustained
damage from the person who lodged the caveat.
41. (1) A caveat under regulation 36 of these
regulations shall be in accordance with Form 29.
(2) A notice under sub-regulation 36 (4) of these
regulations shall be in accordance with Form 30.
PART VII
MISCELLANEOUS
42. (1) The fee prescribed in Schedule 3 in respect of a
matter specified in that Schedule shall be payable in respect of
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Extension of
time.

that matter.
(2) Where, as a result of a request made by the
owner, master or registered agent of a ship, an officer proceeds
to a place outside the limits of the port, or away from the place
(not being a port), at which that officer is usually stationed for
the purpose of carrying out an inspection of a ship under these
Regulations, a fee equal to the travelling and subsistence
expenses that would have been necessarily incurred by the
officer if the officer had travelled to the ship from the nearest
port, or place (not being a port), at which an officer competent
to carry out that inspection is stationed and returned to that
port, or place, is payable, by virtue of this sub-regulation, in
addition to any other fee payable under this regulation in
respect of that inspection, whether or not that inspection is
carried out.
43. (1) The Registrar may, upon application made in
the manner hereinafter prescribed, extend the time for the
lodgement of a document required by these Regulations to be
lodged with him, and may so extend that time although that
time has expired.
(2) A request for an extension of time under this
regulation shall be in accordance with Form 31 –
(a) shall be in writing duly signed by the
person making the request;
(b) shall set out the grounds of the
request; and
(c) shall be lodged with the Registrar;
and
(d) shall be lodged with the prescribed
fee.
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Verification
of
information,
etc.
44. (1) Subject to the Act and these Regulations, the
Registrar may, in relation to any document lodged with him or
produced to him for noting –
(a) require the verification, by statutory
declaration or otherwise, of –
(i) the authenticity of the
document; or
(ii) any information contained in
the document;
(b) required the submission to him of
such further documents or
information as appear to him to be
necessary in support of, or in
substitution for, a document, or
information, referred to in paragraph
(a); and
(c) refuse to make an entry in the
Register, or to perform any function
or exercise any power under the Act
or these Regulations, to which a
requirement under paragraph (a)
relates until that requirement is
satisfied.
(2) A requirement under paragraph (1) (a) or (b)
shall be set out in a notice in writing signed by or on behalf of
the Registrar and given to –
(a) the person by whom the document to
which the requirement relates was
lodged with, or produced to, the
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Date and
time to be
recorded.
Penalties.
Registrar; or
(b) the person, or any one of the persons,
in whose interest that document was
so lodged or produced.
(3) A notice setting out a requirement under sub-
regulation (1) for the verification of information relating to the
identity, citizenship or residential status of a person may
require –
(a) that the verification be by a statutory
declaration by a person other than the
person to whom it relates who has
known the last-mentioned person for
a period of no less duration than that
specified in the notice; and
(b) that such a statutory declaration
specify the period during which the
declarant has known the person to
whom it relates.
45. The Register must contain in respect of each entry
of a matter under the Act –
(a) the date and time the entry was made;
and
(b) authentication of the entry by
signature, or other suitable means, by
the Registrar or a Deputy Registrar.
46. Unless otherwise provided in the Act any person
who contravenes any provisions of these Regulations shall be
liable to a fine not exceeding one million five hundred
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Admissibility
of documents
in evidence.
thousand dollars and where the contravention is a continuing
one to a further fine not exceeding fifty thousand dollars per
day for each additional day during which the contravention
continues.
47. For the purposes of the Act, and these regulations,
a certificate or pass issued under the Act or these Regulations
is hereby declared to be admissible in evidence.
SCHEDULE 1
Sub-Regulation 2 (1)
TECHNICAL CHARACTERISTICS OF SHIPS
ITEM NO. CHARACTERISTIC
1.
2.
3.
4.
5.
6.
7.
8.
9.
Type of ship (in terms of purpose)
Method of propulsion, including?
(a) Number and type of boilers;
(b) Number and type of engines; and
(c) Means of power transmission (including number of
screws, paddles, or jets)
Number of decks
Number of bulkheads
Number of masts
Stem
Stern
Build
Rigging

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10.
11.
12.
13.
14.
Principal material of construction of hull
Length
Maximum breadth
Power, being whichever of the following is or are applicable:
(a) brake power;
(b) indicated power;
(c) shaft power
Estimated speed
SCHEDULE 2
Made under Sub-Regulation 2 (3)
PRESCRIBED FORMS

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Guyana Maritime
Authority
FORM 1 Paragraph 7 (1) (a)
APPLICATION FOR REGISTRATION
I...................................................................................hereby apply for registration of the ship below. (Name and whether owner or agent)
PARTICULARS OF SHIP
Type of ship Overall length Proposed ship’s name
1st preference:
2nd preference:
3rd preference:
Ship to carry paying passengers? Principal material of construction of hull
Method of propulsion Call sign of main radio station*
IMO number* Hull identification number* Proposed home port

Previous Registration and Building Particulars
A Complete if the ship has been previously registered in Guyana or elsewhere B Building Particulars
Year registered Registered name of ship Name of Builder

The register on which the ship Home port or port of registry Place of Construction
was registered

Official number of ship Builder’s ident. of ship, or ship’s name


If you are unable to supply any information in Section A or B give reasons in the space below.

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SIGNATURE Date Place

Name of Applicant:
Status of Applicant: whether owner or agent.
Signature of Applicant
Signature of Witness
If the applicant is a corporation, the document
may be formally executed under the corporate
seal. Alternatively, an officer of the corporation
may sign it, endorse it with a legible statement of
his/her name designation and have the signature
witnessed.
Name of Witness
Address of Witness
The information indicated by * is not required information for the purposes of the Guyana Shipping Act, Cap 49:01.

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Guyana Maritime
Authority
FORM 2
Sub-regulation 7 (10)
NOTICE OF INTENTION TO
APPLY FOR REGISTRATION

NOTICE IS HEREBY GIVEN of the intention of (Name(s) and address(es) of owner(s) to apply, after the
expiration of the period of 30 days commencing on the date of publication of this notice, for the
registration under the abovementioned Act of the ship particulars of which are set not below. Objection to
registration of the ship in the name(s) of the abovementioned person(s), by persons claiming a legal
proprietary right in respect of the ship, should, together with any relevant documents that will verify the
claim, be delivered to the Registrar of Guyana ships at the Guyana Maritime Authority Office, or sent by
properly prepaid post to the Registrar of Guyana ships at the Guyana Maritime Authority before the
expiry of the period referred to above.
PARTICULARS OF SHIP:
Present name (if any): Former names (if any):
Former number (if previously registered): Present whereabouts:
Length: _________________ metres
Principal material of construction of hull:
Type of ship:

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Guyana Maritime
Authority
FORM 3(i) Regulation 8(1)
BUILDER’S CERTIFICATE
NAME OF SHIP (IF ANY): The builder’s identification of ship:
The date of completion of the ship:
The place of construction of the ship:
The name and address of the builder:
The name and address of the person for whom the ship was built:
The date on which the ship was delivered or handed over to the person for whom the ship was built:
Particulars of the technical characteristics of the ship:
ITEM NO. CHARACTERISTIC
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Type of ship (in terms of purpose)
Method of propulsion, including?
(a) number and type of boilers;
(b) number and type of engines; and
(c) means of power transmission (including number of screws, paddles, or jets)
Number of decks
Number of bulkheads
Number of masts
Stem
Stern
Build
Rigging
Principal material of construction of hull
Length
Maximum breadth
Power, being whichever of the following is or are applicable:
(a) brake power;
(b) indicated power;
(c) shaft power
Estimated speed
The proper denomination and tonnage of the ship as estimated by him:

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If there has been any sale, the bill of sale under which the ship or a share therein has become vested in the applicant,
and in the case of the ship condemned by a competent authority, the official copy of the condemnation:
Date Place

Signature of builder(s) etc. Signature of Witness
If the builder is a corporation, the document may be
formally executed under the corporate seal. Alternatively,
an officer of the corporation may sign it, endorse it with a
legible statement of his/her name designation and have
the signature witnessed.
Name of Witness
Address of Witness

Guyana Maritime
Authority
FORM 3(ii) Regulation 9
DECLARATION OF OWNERSHIP
I/We hereby declare that the particulars of ownership and acquisition of the ship are as stated below.
SHIP’S NAME:
Name of Master:
Citizenship of Master:
Time when and date ship built:
Place ship built:
If the ship was built outside Guyana and the time and place of building is not known give statement of that effect in
the space below:
If the ship was previously registered outside Guyana give statement of the name by which she was so registered in
the space below:

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PARTICULARS OF OWNER/CHARTERER Full name and
Occupation:
Address – (Residential
address - for an
individual;
Registered office address
– for a company;
Principal place of
business – for a statutory
body or foreign company)
Citizenship (if a body
corporate, the country in
which incorporated)
Basis for Citizenship
Claim (Birth or
naturalisation)
Number of shares/or
extent of interest and
Date of acquisition
(indicate if shares are
jointly owned)

If body corporate a statement of the constitution and business thereof as proof of its qualification to own a Guyanese ship:
I/We hereby declare that the best of my/our knowledge and belief no unqualified person or body of person is entitled as owner to any legal or beneficial
interest in the ship or any share therein.
SIGNATURE

Date Place

Signature of Owner(s) etc. Signature of Witness
If the applicant is a corporation, the document may be
formally executed under the corporate seal. Alternatively,
an officer of the corporation may sign it, endorse it with a
legible statement of his/her name designation and have
the signature witnessed.
Name of Witness
Address of Witness

Guyana Maritime
Authority
FORM 4 Regulation 10
CERTIFICATE OF REGISTRATION
PARTICULARS OF SHIP
Name of ship:

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Distinctive number or letters
Port of Registry *Date IMO Number
Propulsion (Sail, Motor, Steam, Auxillary etc.)
(No. of screws paddles etc.)
Name of builder:
Address of builder Date built Place built

Length (Metres)
Breadth (Metres) Moulded Depth Amid ships to Upper Deck.
PARTICULARS OF TONNAGE
Gross Tonnage
Net Tonnage
Spaces included in Tonnage:
Gross Tonnage
Net Tonnage
Name of Space
Location
Length Name of Space
Number of passengers in
cabins with not more than
8 berths
Number of other
passengers
+Excluded spaces
Moulded draught
Date and place of original measurement
Date and place of last previous re-measurement
No. of Decks
No. of Masts
No. of Bulkheads
Stem
Stern

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Name of Master Type of Ship Construction material
Name of owner of ship Occupation of owner of
ship
Address If more than one owner, the
proportions in which they
are interested in the ship.
Remarks
I, the undersigned Registrar of Guyana ships hereby certify that the above particulars are correct.
Dated at.............................................................on the...........................day of....................................................20........
....................................................................................... .............................................................................
Signature Port of Registry
Note: A certificate of Registry is not a document of title. It does not necessarily contain notice of all changes of
ownership and in no case does it contain an official record of any mortgages affecting the ship. In case of any
change of ownership, it is important for the change to be registered. Should the vessel be lost, sold to foreigners
or broken up, notice thereof, together with the Certificate of Registry, if in existence, should immediately be
given to the Registrar of Guyana ships at the ship’s a Port of Registry.
Official Number Name of Ship
Date Full Name Certificate of Competency
(or Service) No.
Signature
*Date on which the keel was laid or the ship was at a similar stage of construction (Article 2(6) of International Convention
on Tonnage Measurement of Ships 1969, or the date on which the ship underwent alterations or modifications of a major
character (Article 3(2)(b), as appropriate.

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+An asterisk should be added to those spaces listed above which comprise both enclosed and excluded
spaces.
Note: Where the Master of a Guyana ship is changed, each of the following persons:
(a) a Registrar or Deputy Registrar of Guyana ships
(b) a Guyana Consular Officer
(c) a proper officer appointed by the Government of Guyana
shall endorse and sign a memorandum of the change.

Guyana Maritime
Authority
FORM 5 Paragraph 11 (a)
APPLICATION FOR REGISTRATION OF
GOVERNMENT SHIP (Commercial or Non-commercial purposes)
I...........................................................................................................hereby apply for registration of the ship below.
PARTICULARSOF SHIP
Type of ship Overall length Proposed ship’s name
1st preference:
2nd preference:
3rd preference:
Ship to carry paying passengers? Principal material of construction of hull
Method of propulsion Call sign of main radio station*
IMO number* Hull identification number* Proposed home port

Previous Registration and Building Particulars
A Complete if the ship has been previously registered in Guyana or elsewhere BBuilding Particulars
Year registered Registered name of ship Name of Builder

The register on which the ship Home port or port of registry Place of Construction
was registered

Official number of ship Builder’s ident. of ship, or ship’s name



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If you are unable to supply any information in Section A or B give reasons in the space below.
SIGNATURE Date Place

Signature of Applicant Signature of Witness
The applicant for registration shall be made by the
Permanent Secretary or the Head of the
Department to whom the management of the ship
is entrusted or by any other official nominated in
that behalf by the Government or the Minister.
Name of Witness
Address of Witness
The information indicated by * is not required information for the purposes of the Guyana Shipping Act, Cap. 49:01.

Guyana Maritime
Authority
FORM NO. 6 Sub-Regulation 12(3)
APPLICATION FOR THE REGISTRATION
OF A SHIP UNDER CONSTRUCTION
Temporary Name
Intended Port of Registry How Propelled
No. of Decks
No. of Masts Stem Stern No. of Bulkheads
Description of Construction
Type of Ship
ESTIMATED MEASUREMENTS
Length Breadth Depth Gross Tonnage Metres Centimetres Metres Centimetres Metres Centimetres

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I, the undersigned........................................................................................................... .................................................................................
(Full Name)
Declare that it is proposed to have a ship built, the particulars of which are contained in the above description, for
............................................................................................................................. ................................................................................................
(Full Name of Owner) (Address)
By........................................................................................................................................................................................................................
(Full Name of Builder)
............................................................................................................................. ................................................................................................
(Address)
.............................................................................................................................................................................................................................
and that it is intended to complete the said ship on or about the.........................................day of.........................................20.....
and to Register it at the Port of.............................................................................................................
Application is hereby made to have the ship registered as a ship under construction.
Dated at................................................. ..on the.........................................day of............ ...................................................20.....
IN THE PRESENCE OF
........................................................................................................
Signature
..................................................................................................... ....................................................................................
Name (Please Print) Signature
...................................................................................................................
Address
................................................................................................................... . ..................................................................................................
Title (Please Print)
Note: If the owner is a Corporation, the application should be made on behalf of the Corporation by the officer
authorised for the purpose and under the Seal of the Corporation.

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Guyana Maritime
Authority
FORM NO. 7 Sub-Regulation 12 (7)
MORTGAGE FOR A SHIP UNDER CONSTRUCTION
......................................................................................................... ............................................... .......................................................
Steamship, Motor or Sailing Temporary Name *Record No.
Where Building When Intended to be
Launched
Intended Port of Registry
Type of Ship
ESTIMATED MEASUREMENT
Length Breadth Depth
Gross Tonnage Metres Centimetres Metres Centimetres Metres Centimetres

I/We (a)+.............................................................................................................................................................................of............................
.................................................................................................................................................................... .........................................................
...................................................................................................................................................................(hereinafter called the Mortgagor)
In consideration of (b)+...................................................................................................................................................................................
............................................................................................................................. ................................................................................................
............................................................................................................................. ................................................................................................
............................................................................................................................. ................................................................................................
Now covenant with (c)+.............................................................................................................................. .....................................................
...................................................................................................................................................................(hereinafter called the Mortgagee)
To pay to the Mortgagee the sums for the time being due on this security, whether by way of principal or interest at the times
and in the manner aforesaid. For the purpose of better securing to the Mortgagee the payment of such sums as last aforesaid,
the Mortgagor hereby mortgages to the Mortgagee..................................... shares of which the Mortgagor is the owner in the
ship above described, and
number
in its boats and appurtenances. Further, the Mortgagor covenants with he Mortgagee that the Mortgagor has power to
mortgage in the
manner aforesaid the above-mentioned shares, and that the same are free from encumbrances (d)+................................................
............................................................................................................................. .................................................................................................

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Dated at.........................................on the............................................day of.................... .......................................20.........
IN THE PRESENCE OF INDIVIDUAL
............................................................................................................ ...... ................................................................................................
Signature Signature
............................................................................................................
Name (Please Print) CORPORATION
............................................................................................................. .................. ....................................................................................
Address Signature
............................................................................................................. Per.................................................................................................
*For Official Use + See Notes
Overleaf
TRANSFER OF MORTGAGE
I/We......................................................................................................................... ........................................................................(Mortgagee)
In consideration of.......................................................................................................... ...................................................................................
paid to me by......................................................................................................................................................................................................
Full Name
............................................................................................................................. ..................................................................................................
Address
hereby transfer the benefits of the within-written security
Dated at............................................on the.................................day of...........................................................20........
IN THE PRESENCE OF INDIVIDUAL
.............................................................................................................. ......................................................................................................
Signature
Signature
..............................................................................................................
Name (Please Print) CORPORATION
............................................................................................................... .... ..................................................................................................
Address Signature
................................................................................................................ Per................................................................................................
DISCHARGE OF MORTGAGE
Received the sum of
............................................................................................................................. ..................................................................................................

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In discharge of the within-written security.
Dated at............................................on the.................................day of............................ ...............................20........
IN THE PRESENCE OF INDIVIDUAL
.............................................................................................................. ..... .................................................................................................
Signature
Signature
..............................................................................................................
Name (Please Print) CORPORATION
............................................................................................................... ................................................. .....................................................
Address Signature
................................................................................................................ Per........................... .....................................................................
NOTES:
1. The expression “Mortgagor” and “Mortgagee” used in this document shall
include their heirs, successors, assigns, executors, administrators or any other
legal representative.
2. The prompt registration of a Mortgage Instrument at the Port of Registry of
the ship is essential to the security of the mortgagee, (see section 59 of the
Guyana Shipping Act, Cap. 49:01).
3. Registered mortgagees are reminded of the importance of keeping the
Registrar of Guyana Ships informed of any change of residence on their part.
4. (a) Insert the name in full and address of each mortgagor.
(b) Describe the nature of the consideration by:
(i) entering the principal sum or stating that there is an account
current or line of credit and refer to the collateral loan
agreement and the date agreement was executed; or
(ii) entering the principal sum or stating that there is an account
current or line of credit and give details of the interest and
method of repayment.
(c) Insert the name in full and address of each mortgagee.
(d) If any subsisting encumbrances add “Save as appears by the registry of
the said ship”.

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Guyana Maritime
Authority
FORM NO. 8
Sub-regulation 13 (1)
APPLICATION FOR REGISTRATION OR
RE-REGISTRATION OF AN ABANDONED SHIP
I...................................................................................hereby apply for registration of the ship below. (Name and whether owner or agent)
PARTICULARSOF SHIP Does owner desire to retain previous name? Yes No
If so, state previous name.................................................................................................... ....
Type of ship Overall length Proposed ship’s name
1st preference:
2nd preference:
3rd preference:
Ship to carry paying passengers? Principal material of construction
Method of propulsion Call sign of main radio station*
IMO number* Hull identification number* Proposed home port

Previous Registration and Building Particulars
A Complete if the ship has been previously registered in Guyana or elsewhere B Building Particulars
Year registered Registered name of ship Name of Builder

The register on which the ship Home port or port of registry Place of Construction
was registered
Official number of ship Builder’s ident. of ship, or ship’s name


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If you are unable to supply any information in Section A or B give reasons in the space below.
SIGNATURE
Date Place

Signature of Applicant Signature of Witness
If the applicant is a corporation, the document
may be formally executed under the corporate
seal. Alternatively, an officer of the corporation
may sign it, endorse it with a legible statement of
his/her name designation and have the signature
witnessed.
Name of Witness
Address of Witness

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Guyana Maritime
Authority
FORM NO. 9 Sub-Paragraph 14 (3)(a)(ii)
APPLICATION FOR ENDORSEMENT OF MASTER
ON REGISTRATION CERTIFICATE
To the Registrar of Guyana ships.
I.........................................................................................................................hereby request the endorsement of the
master’s particulars stated below on the ship’s Registration certificate.
OFFICIALNUMBER SHIP’SNAME
Particulars of Master
Full Name
Residential Address
Date Place

Signature of Owner or Registered Agent Signature of Witness
If the applicant is a corporation, the document
may be formally executed under the corporate
seal. Alternatively, an officer of the corporation
may sign it, endorse it with a legible statement of
his/her name designation and have the signature
witnessed.
Name of Witness
Address of Witness

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NOTES:
1. Regulation 14 of the Shipping Registration regulations requires that a registered ship shall not
depart from a Guyanese port to a place outside Guyana, or from a foreign port where there is a
Guyanese representative to another foreign port, unless details of the master are endorsed onthe
Registration Certificate.
2. The endorsement may be made by the Registrar of Guyana ships or by a Guyanese diplomatic
representative.
3. Where the master makes the request for endorsement, there is to be produced for noting
documentary evidence of the appointment of the master.


Guyana Maritime
Authority
FORM NO. 10 Sub-Regulation 15 (1)
APPLICATION FOR NEW
REGISTRATION CERTIFICATE
To the Registrar of Guyana Ships
I.........................................................................................................................hereby apply for the grant of a new
Registration Certificate for the ship as describe below.
OFFICIALNUMBER SHIP’SNAME DATE BUILT
Name of Master Place Built

Name of Owner Occupation Address Proportion in which
Owner(s) interested in
ship

LAWS OF GUYANA
Guyana Shipping Act Cap. 49:01 387
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012
Details as they appear in the tonnage certificate:
REASON WHY A NEW REGISTRATION CERTIFICATE IS REQUIRED
(If it is mislaid, lost or destroyed, describe the circumstances)
SIGNATURE
Date Place
Signature of Registered Agent or Master (see below) Signature of Witness
If the applicant is a corporation, the document
may be formally executed under the corporate
seal. Alternatively, an officer of the corporation
may sign it, endorse it with a legible statement of
his/her name designation and have the signature
witnessed.
Name of Witness
Address of Witness
Where the master makes the application, there is to be produced for noting documentary evidence of the appointment of the
master.

LAWS OF GUYANA
388 Cap. 49:01 Guyana Shipping Act
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012

Guyana Maritime
Authority
FORM 11 Sub-Regulation 16 (2)
PROVISIONAL CERTIFICATE OF REGISTRATION
Official Number Name of Ship Date Built

Name of Master Place Built
Name of Owner
Occupation
Address
Proportion in which
Owner(s) interested in
Ship

Details as they appear in the tonnage certificate:
Dated the________day of________________, 20____
____________________________
Registrar of Guyana ships

LAWS OF GUYANA
Guyana Shipping Act Cap. 49:01 389
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012

Guyana Maritime
Authority
FORM 12 Paragraph 19 (1) (a)
APPLICATION FOR PROVISIONAL CERTIFICATE
FOR SHIP ENTITLED TO BE REGISTERED WHEN ABROAD
To the Registrar of Guyana Ships
I.....................................................................................hereby apply for provisional registration of the ship below: (Name and whether owner or agent)
PARTICULARS OF SHIP Existing Name of Ship (if any) Overall length Proposed ship’s name
1st preference:
2nd preference:
3rd preference:
Proposed home port Principal material of construction
Method of propulsion Call sign of main radio station*
IMO number* Hull identification number*

Previous Registration and Building Particulars
A Complete if the ship has been previously registered in Guyana or elsewhere B Building Particulars
Year registered Registered name of ship Name and Address of Builder

The register on which the ship Home port or port of registry Place of Construction
was registered

Official number of ship Year of Completion of ship Builder’s ident. of ship, or ship’s name

TECHNICAL CHARACTERISTICS OF SHIP
Type of Ship (in terms of purpose) Method of Propulsion


LAWS OF GUYANA
390 Cap. 49:01 Guyana Shipping Act
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012
Number of
Decks
Number of
Bulkheads
Number of
Masts
Stern Stem Build Rigging

Principal Material of Construction of Hull Length Maximum Breadth Power Estimated Speed

If there is no Tonnage Certificate, give:
The estimated Gross Tonnage of the Ship The identity of the person by whom the estimate was made

Name of Each Owner Address of Each Owner Extent of Interest in Ship

If the application is in respect of a ship, the registration of which under the Act, depends upon its being a ship
on bareboat charter to a Guyana-based operator:
Name of Each Charterer Address of Each Charter Extent of Interest in Ship

Date of Acquisition
Manner of Acquisition

Name of Each Person for whom
Ship was Acquired
Address of Each Person for
whom Ship was Acquired
Description of Each Person for
whom Ship was Acquired


LAWS OF GUYANA
Guyana Shipping Act Cap. 49:01 391
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012
Give details of any application for registration of the ship, which has been lodged in accordance with
Regulation 7.
In relation to each person authorised by the owner(s) to be Master of the Ship:
Name of Master Address of Master

If you are unable to supply any information in Section A or B give reasons in the space below.
SIGNATURE
Date Place

Signature of Applicant Signature of Witness
If the applicant is a corporation, the document
may be formally executed under the corporate
seal. Alternatively, an officer of the corporation
may sign it, endorse it with a legible statement of
his/her name designation and have the signature
witnessed.
Name of Witness
Address of Witness
The information indicated by * is not required information for the purposes of the Guyana Shipping Act, Cap. 49:01

LAWS OF GUYANA
392 Cap. 49:01 Guyana Shipping Act
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012

Guyana Maritime
Authority
FORM 13 Regulation 20
APPLICATION FOR EXTENSION OF PERIOD
OF CURRENCY OF
PROVISIONAL CERTIFICATE
To the Registrar of Guyana Ships
I.........................................................................hereby apply for the grant of an extension of provisional certificate. (Name and whether owner or Master)
OFFICIAL NUMBER SHIP’S NAME
Date of Issue of Provisional Certificate of Registration Place of Issue of Provisional Certificate of Registration

Name of Guyanese Port of Next Arrival Date of Expected Arrival at Guyanese Port

Reason for making the Application
SIGNATURE
Date Place

Signature of Owner or Master (see below) Signature of Witness
LAWS OF GUYANA
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L.R.O. 1/2012
If the applicant is a corporation, the document
may be formally executed under the corporate
seal. Alternatively, an officer of the corporation
may sign it, endorse it with a legible statement of
his/her name designation and have the signature
witnessed.
Name of Witness
Address of Witness
Where the master makes the request for endorsement, there is to be produced for noting documentary evidence of the
appointment of the master.

Guyana Maritime
Authority

FORM 14 Regulation 21 (1)
APPLICATION FOR TEMPORARY PASS
To the Registrar of Guyana Ships
I................................................................................................................................hereby apply for a temporary pass. (Name and whether builder, owner etc.)
PARTICULARS OF SHIP
Type of Ship (in terms of its purpose) Year of completion of Ship Overall Length

Builder’s ident.of ship, or ship’s name Principal material of construction Name of Builder

Method of Propulsion Call sign of main radio station* Address of Builder

IMO number* Hull identification number* Proposed home port

Port at which Voyage is to Commence Port at which Voyage is to Conclude Anticipated Duration of Voyage

Give reasons for seeking the grant of the pass
LAWS OF GUYANA
394 Cap. 49:01 Guyana Shipping Act
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012
If there is no Tonnage Certificate, give:
The estimated Gross Tonnage of the Ship The identity of the person by whom the estimate was made
Name of Each Owner Address of Each Owner
Name of Each Charterer
Address of Each Charterer
SIGNATURE
Date Place

Signature of Applicant Signature of Witness
If the applicant is a corporation, the document may be
formally executed under the corporate seal. Alternatively,
an officer of the corporation may sign it, endorse it with a
legible statement of his/her name designation and have the
signature witnessed.
Name of Witness
Address of Witness
The information indicated by * is not required information for the purposes of the Guyana Shipping Act, Cap. 49:01

LAWS OF GUYANA
Guyana Shipping Act Cap. 49:01 395
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012

Guyana Maritime
Authority
FORM 15 Sub-Regulation 21 (6)
TEMPORARY PASS
I, the undersigned, Registrar of Guyana ships at the port of...............................................................
upon the application of..............................................................................................hereby certify that
pursuant to section 42 of the Guyana Shipping Act, Cap. 49:01 and Regulation 21 of the
Shipping (Registration of Ships) Regulations, 2000, the Minister has directed that permission be
granted the below-named ship a pass as indicated.
PARTICULARS OF SHIP
Type of Ship (in terms of its purpose) Year of completion of Ship Overall Length

Builder’s ident.of ship, or ship’s name Principal material of construction Name of Builder

Method of Propulsion Call sign of main radio station* Address of Builder

IMO number* Hull identification number* Proposed home port

Port at which Voyage is to Commence Port at which Voyage is to Conclude Duration of Voyage

Date of Commencement of Voyage Date of Completion of Voyage Gross Tonnage

Name of Each Owner Address of Each Owner
Name of Each Charterer Address of Each Charterer
LAWS OF GUYANA
396 Cap. 49:01 Guyana Shipping Act
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012
SIGNATURE
Date Place

Signature of Registrar

Guyana Maritime
Authority
FORM 16 Sub-Paragraph 22(3)(a)(i)
NOTICE OF CHANGE OF NAME, ADDRESS AND
NATIONALITY OF OWNER, CHARTERER OR MORTGAGEE
To the Registrar of Guyana Ships
I.............................................................hereby notify you of the following changed particulars as specified below. (Name and whether owner, agent etc.)
OFFICIAL NUMBER SHIP’S NAME
CHANGED PARTICULARS Present Name Former name


LAWS OF GUYANA
Guyana Shipping Act Cap. 49:01 397
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012
New Address
The address must be:
Residential address-for an individual:
Registered office address-for a company;
Principal place of business-for a statutory
body or a foreign company.
New Nationality

SIGNATURE
Date Place

Signature of Owner/Charterer/Mortgagee Signature of Witness
If the applicant is a corporation, the document
may be formally executed under the corporate
seal. Alternatively, an officer of the corporation
may sign it, endorse it with a legible statement of
his/her name designation and have the signature
witnessed.
Name of Witness
Address of Witness

LAWS OF GUYANA
398 Cap. 49:01 Guyana Shipping Act
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012

Guyana Maritime
Authority
FORM 17 Sub-Regulation 24 (1)
APPLICATION FOR CHANGE OF
NAME OF REGISTERED SHIP
To the Registrar of Guyana Ships
I.........................................................................hereby apply for a change of the name of the ship described below. (Name and whether owner, agent etc.)
OFFICIAL NUMBER SHIP’S NAME
PROPOSED NAMES FOR THE SHIP (in order of preference)
1.
2.
3.
SIGNATURE Date Place
Signature of owner or registered agent Signature of Witness
If the applicant is a corporation, the document
may be formally executed under the corporate
seal. Alternatively, an officer of the corporation
may sign it, endorse it with a legible statement of
his/her name designation and have the signature
witnessed.
Name of Witness
Address of Witness

LAWS OF GUYANA
Guyana Shipping Act Cap. 49:01 399
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012

Guyana Maritime
Authority
FORM 18
Paragraph 25(b)
NOTICE BY THE REGISTRAR AUTHORISING
THE BEARING OF THE NATIONAL FLAG AT AN AREA
OTHER THAN THE STERN
NOTICE IS HEREBY GIVEN that in accordance with regulation 25 of the Guyana Shipping (Registration of ships) Regulations approval has been granted to fly the National flag at/on
the..........................................................................................................
PARTICULARS OF SHIP:
Official Number Name of Ship Date Built

Name of Master Place Built

Present Name (if any): Former Names (if any):

Former number (if previously registered): Present whereabouts:

Length: _________________metres
Principal material of construction of hull:
Type of Ship:
Dated the________day of___________________________, 20____
LAWS OF GUYANA
400 Cap. 49:01 Guyana Shipping Act
[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012
______________________________________________________
Registrar of Guyana Ships

Guyana Maritime
Authority
FORM 19
Sub-Regulation 26(1)
NOTICE OF ALTERATION TO SHIP
To the Registrar of Guyana Ships
I/We.........................................................................hereby give notice of an alteration to the ship named below.
This notice is accompanied by:
SHIP
Official Number of Ship Name of Ship

Brief description of the alteration
SIGNATURE
NATURE OF ALTERATION:
LAWS OF GUYANA
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[Subsidiary] Guyana Shipping (Registration of Ships) Regulations
L.R.O. 1/2012
Date Place
Signature of Owner or Registered Agent Signature of Witness
If the registered agent is a corporation, the document may
be formally executed under the corporate seal.
Alternatively, an officer of the corporation may sign it,
endorse it with a legible statement of his/her name
designation and have the signature witnessed.
Name of Witness
Address of Witness

Guyana Maritime
Authority
FORM 20
Sub-Regulation 27 (3)
APPLICATION FOR CHANGE OF HOME PORT
To the Registrar of Guyana Ships
I