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Merchant Shipping Amendment Act


Published: 1963-05-10

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Merchant Shipping Amendment Act
30 GOVERNMENT GAZETTE EXTRAORDINARY, 10m MAY, 1963
No. 40, 1963.]
ACT To amend the Merchant Shipping Act, 1951.
(English text signed by the State President.) (Assented to 3rd May, 1963.)
BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa,
as follows:-
Amendment of 1. Section two of the Merchant Shipping Act, 1951 (here- section 2 of Act · f r d h · · 1 A ) · h b 57 of1951, as ma ter re1erre to as t e pnnctpa ct , ts ere y amen- amended by section ded- 3 of Act 30 of 1959 I . . h d fi · · f " 11· · 1 and section 31 of (a) by the de etton m t e e mtwn o co tston regu a- Act 69 of 1962. tions" in sub-section (1) of the words "or deemed
in terms of sub-section (4) of that section to have been so made,";
Amendment of section 3 of Act 57 ofl95l,as amended by section 4 of Act 30 of 1959 and section 32 of Act 69 of 1962.
(b) by the substitution for the definition of "Inter- national Collision Regulations" in the said sub- section of the following definition: "'International Collision Regulations' means the
regulations set out in the Third Schedule to this Act;";
(c) by the substitution for the definition of "Load Line Convention" in the said sub-section of the following definition: "'Load Line Convention' means the convention
set out in the Fourth Schedule to this Act;"; (d) by the substitution in the definition of "recognized
non-Union" in the said sub-section for the word "non-Union" of the words "non-South Mrican";
(e) by the substitution for the definition of "Safety Con- vention" in the said sub-section of the following definition: "'Safety Convention' means the convention set
out in the Second Schedule to this Act;"; and (f) by the substitution in the definition of "unseaworthy"
in the said sub-section for the word "non-Union", wherever it occurs, of the words "non-South Mrican", and for the word "proclamation", in sub-paragraph (iii) of paragraph (c), of the word "notice".
l
2. Section three of the principal Act is hereby amended-
(a) by the substitution in sub-section (3) for the words "Government of the Union" of the words "Govern- ment of the Republic"; and
(b) by the substitution for sub-section (11) of the following sub-section:
"(ll) If the Minister is satisfied-
(a) that ships registered in any country other than the Republic are required by the Jaw in force in that country to comply with any provisions which are substantially the same as, or equally effective with, any of the provisions of this Act which apply to such ships while they are within the Republic or the territorial waters thereof; and
(b) that that country has made or has undertaken to make provision for the exemption of South Mrican ships while they are within that coun- try or the territorial waters thereof from the corresponding requirements . of the Jaw of that country,
he may by notice in the Gazette declare that the said provisions of this Act shall not apply to any ship of that country, while she is within the Republic or its territorial waters, if it is proved that the ship complies with the corresponding provisions of the
32 GOVERNMENT GAZETTE EXTRAORDINARY, lOTH MAY, 1963
law in force in that country; and thereafter upon such proof being furnished, the said provisions of this Act shall not apply to such ship.".
Am7ndment of 3. Section six of the principal Act is hereby amended by section 6 of Act the substitution in sub-section (6) for the words "Union port" 57 of 1951, as f h d " t · th R bl. " amended by section o t e wor s por m e epu IC • 6 of Act 30 of 1959.
Am7ndment of 4. Section eleven of the principal Act is hereby amended sectwn 11 of Act by the substitution for the words "Government of the Union", 57 of 1951, as h th f th d "G t f th amended by section w erever ey occur, o e wor s overnmen o e 33 of Act 69 of Republic". 1962.
Amendment of section 13 of Act 57 of 1951.
Amendment of section 14 of Act 57 of 1951.
Amendment of section 30 of Act 57 of 1951.
Amendment of section 64 of Act 57 of 1951.
Amendment of section 65 of Act 57 of 1951, as amended by
· section 36 of Act 69 of 1962.
Amendment of section 68 of Act 57 of 1951, as amended by section 14 of Act 30 of 1959.
Amendment of section 73 of Act 57 of 1951, as amended by section 15 of Act 30 of 1959 and section 37 of Act 69 of 1962.
Amendment of section 75 of Act 57 of 1951.
5. Section thirteen of the principal Act is hereby amended by the substitution in paragraph (a) of sub-section (1) for the words "Government of the Union" of the words "Govern- ment of the Republic".
6. Section fourteen of the principal Act is hereby amended by the substitution for the words "port in the Union" of the words "port in the Republic".
7. Section thirty of the principal Act is hereby amended by the insertion in sub-section (1) after the word "port", where it occurs for the second time, of the words "or the Secretary", the insertion in the said sub-section after the word "officer", where it occurs for the second time, of the words "or the Secretary, as the case may be,", and by the substi- tution in the said sub-section for the words "shall forward a copy of the certificate" of the words "the proper officer shall, if the certificate is issued by him, forward a copy thereof".
8. Section sixty-four of the principal Act is hereby amended by the substitution in paragraph (d) for the words "Govern- ment of the Union" of the words "Government of the Republic".
9. Section sixty-five of the principal Act is hereby amended by the substitution in paragraph (b) and in paragraph (c) of sub-section (2) for the words "Union port" of the words "port in the Republic".
10. Section sixty-eight of the principal Act is hereby amended by the substitution in paragraph (a) of sub-section (3) for the words "Government of the Union" of the words "Govern- ment of the· Republic". ·
11. Section seventy-three of the principal Act is hereby amended-
(a) by the substitution in paragraph (br of sub-section (1) for the words "port in the Union" of the words "port in the Republic";
(b) by the substitution in Column 5 of Item No. 8 of the Table set forth in sub-section (1) for the expres- sion "para. (k)" of the expression "para. (k)bis";
(c) by the substitution in Column 5 of Item No. 10 of the said Table for the expression "para. (/)" of the expression "para. (l)bis"; and
(d) by the substitution in sub-section (4) for the words "port in the Union", wherever they occur, of the words "port in the Republic".
12. (1) Section seventy-five of the principal Act is here- by amended by the substitution in sub-section (1) for para- graphs (k) and (/) of the following paragraphs:
"(k) chief engineer-officer of a foreign-going ship; (k)bis chief engineer-officer of a coasting ship; (!) second engineer-officer of a foreign-going ship; (l)bis second engineer-officer of a coasting ship;".
(2) Any certificate of competency granted for the grade of chief engineer-officer or second engineer-officer before the coming into operation of sub-section (1) shall be deemed to have been granted in respect of a foreign-going ship and any such certificate shall on production thereof to the Secretary be endorsed to that effect by him.
34 GOVERNMENT GA~ETTE EXTRAORDINARY, lOTH MAY, 1963
Am~ndmentof 13. Section .seventy-nine of the principal Act is hereby ~~~1ff 7{1~~1 as amended by the. substitution in paragraph (b) of sub-section amend~d by s~ction (1) for the words "which is a member of the British Com- 40 of Act 69 of monwealth of Nations" of the words "other than the Repub- 1962. lie".
Amendment of . 14; (1) Section eighty of the principal Act, is hereby amended section 80 of Act . by the substitution in sub-paragraph (i) and , in sub-para- ;~~~~~~~b;~ection graph (ii) of paragraph (c) of sub-section {1) for the word 16 of Act 30 of "Union" of the words "Republic or, except in the case of a 1959. foreign ship, licensed under the Sea Fisheries Act, 1940 (Act
No. 10 of 1940), or the. Sealing and Fisheries Ordinance, 1949 (Ordinance No. 12 of 1949), of the Territory of South- West Africa".
Amendment of section 81 of Act 57 of 1951.
(2) Sub-section (1) shall be deemed to have come into operation on the date on which section eighty of the principal Act came into operatimi:.
: 15. Section eighty-one of the principal Act is hereby amen- ded by the deletion in sub-section (1) of the words "and in duplicate, one being delivered to the person entitled to the certificate, and the .other being filed for record".
Amendment of 16. Section eighty-three of the principal . Act is, hereby section 83 of Act amended by the substitution in sub-section (2) for the words 57of1951,as .. "Union port" of the words "port in the Republic". amended by sectiOn . . 41 of Act 69 of 1962 .. ..
Amendment of section 85 of Act 57 of 1951.
Amendment of section 86 of Act 57 of 1951.
Amendment of section 97 of Act 57 of 1951.
Amendment of section 103 of Act 57 of 1951.
Amendment of section 106 of Act 57 of 1951.
Amendment of section 11 0 of Act 57 of 1951.
'
Amendment of section 112 of Act 57 of 1951.
Amendment of section 126 of Act 57 of 1951, as amended by section 20 of Act 30 of 1959.
Amendment of section 152 of Act 57 of 1951.
17. Section eighty-five of the principal Act is hereby amended by the substitution for the words "Union port" of the words "port in the Republic".
18. Section eighty-six of the principal Act is hereby amended by the substitution in paragraph (b) of sub-section (2) . .for the words "port in the Union" of the words "port in the Republic".
19. Section ninety-seven of the principal Act is hereby amended by the substitution for the words "port in the Union" ofthe words "port in the Republic" and by the substitution in paragraph (ii) of the proviso for the word "Union" of the word "Republic':.
20. Section one hundred and three of the principal Act is hereby amended by the substitution in paragraph (g) for the words "Union port", wherever they occur, of the words "port in the Republic".
21. Section one hundred and six of the principal Act is hereby amended by the substitution in paragraph (d) for the words "Union port", wherever they occur, of the words "port in the Republic".
22. Section one hundred and ten of the principal Act is hereby amended by the substitution for the words "ports in the Union" of the words "ports in the Republic".
23. Section one hundred and twelve of the principal Act is hereby amended by the addition to sub-section (3) of the following paragraph, the existing sub-section becoming para- graph (a):
"(b) The Secretary may grant to every person who is a South African citizen and who produces proof to the Secretary's satisfaction that he is· the holder of an uncancelled certificate issued in a country other than the Republic which entitles him to serve as able seaman, a certificate of qualification as able seaman.".
24. Section one hundred and twenty-six of the principal Act is hereby amended by the substitution for the word "Union" of the words "South African".
25. Section one hundred and fifty-two of the principal Act is hereby amended-
(a) by the substitution in paragraph (a) of sub-section (1) for the word "native" of the words "Bantu person";
36 GOVERNMENT GAZETTE EXTRAORDINARY, 10m MAY, 1963
Amendment of section 156 of Act 57 of 1951.
Amendment of section 161 of Act57of1951.
Amendment of sections 175 and 176 of Act 57 of 1951, as amended by section 46 of Act 69 of 1962.
Amendment of section 177 of Act 57 of 1951, as amended by section 47 of Act 69 of 1962.
Amendment of section 196 of Act 57 of 1951.
Amendment of section 200 of Act 57 of 1951.
Amendment of section 203 of Act 57 of 1951.
Amendment of section 204 of Act 57 of 1951.
(b) by the substitution in paragraph (b) of the said sub- section for the words "native, to the native com- missioner" of the words "Bantu person, to the Bantu Affairs Commissioner" ;
(c) by the substitution in the said sub-section for the words "native commissioner", where they occur for the second time, of the words "Bantu Affairs Commissioner"; and
(d) by the substitution for sub-section (2) of the following sub-section:
"(2) In this section 'Bantu person' bears the meaning assigned to 'native' in section one of the Population Registration Act, 1950 (Act No. 30 of 1950), and includes a person residing in a scheduled native area or a released area, as determined or defined in or in accordance with the Native Trust and Land Act, 1936 (Act No. 18 of 1936), under the same conditions as a Bantu person.".
26. Section one hundred and fifty-six of the principal Act is' hereby···amended by the substitution in sub-section (2) fo.r the rwords "non-European seamen not accustomed to a European dietary" of the words "non-white seamen not aq:ustomed to the dietary of white persons".
27. Section one hundred and sixty-one of the principal Act is hereby amended by the substitution in sub-section (2) for the word "Europeans", wherever it occurs, of the words "white persons" and for the word "non-Europeans", wherever it occurs, of the words "non-white persons".
28. Sections one hundred and seventy-five and one hundred and seventy-six of the principal Act are hereby amended by the substitution in paragraph (a) of sub-section (l) of each of those sections for the words "Union port" of the words "port in the Republic".
29. Section one hundred and seventy-seven of the principal Act is hereby amended by the substitution in paragraph (a) for the words "Union port" of the words "port in the Repub- lic".
30. Section one hundred and ninety-six of the principal Act is hereby amended by the substitution in sub-section (3) for the word "non-Union" of the words "non-South African".
31. Section two hundred of the principal Act is hereby amended by the substitution in sub-section (3) for the words "port in the Union" oi the words "port in the Republic" and for the words "port of call in the Union" of the words "port of call in the Republic".
32. Section two hundred and three of the principal Act is hereby amended-
(a) by the substitution for the word "non-Union", wherever it occurs, of the words "non-South Mrican"; and
(b) by the deletion in the Afrikaans version of paragraph (b) of sub-section (3) of the word "erkende".
33. Section two hundred and four of the principal Act is hereby amended-
(a) by the addition to sub-section (1) of the following paragraph, the existing sub-section becoming para- graph (a):
"(b) The Secretary may, either unconditionally or on such conditions as he thinks fit, exempt from the provisions of this Part (other than those of this section and sections two hundred and eleven and two hundred and twelve) any South African ship which does not carry cargo and is not intended to be engaged in any inter- national voyage.";
(b) by the insertion in sub-section (2) after the word "Minister" of the words "or the Secretary, who- ever granted the exemption"; and
(c) by the substitution in sub-section (4) for the words "may, in his discretion, direct that any load line exemption certificate" of the words "or the Secre-
38 GOVERNMENT GAZETTE EXTRAORDINARY, lOTH MAY, 1963
Amendment of section 208 of Act 57 of 1951.
Amendment of section 212 of Act 57 of 1951, as amended by section 27 of Act 30 of 1959.
Amendment of section 216 of Act 57 of 1951.
Amendment of section 218 of Act 57 of 1951, as amended by section 29 of Act 30 of 1959 and section 48 of Act 69 of 1962.
Amendment of section 219 of Act 57 of 1951.
Amendment of section 220 of Act 57 of 1951.
Amendment of section 221 of Act 57 of 1951, as amended by section 49 of Act 69 of 1962.
Amendment of sections 225 and 228 of Act 57 of 1951.
Amendment of section 235 of Act 57 of 1951.
Amendment of section 236 of Act 57 of 1951.
Amendment of section 237 of Act 57 of 1951. as amended by section 31 of Act 30 of 1959.
Amendment of section 251 of Act57ofl951.
tary may, in his discretion, direct that any load line exemption certificate issued in respect of a ship exempted by him".
34. Section two hundred and eight . of the principal Act is hereby amended by the substitution in sub-section (2) for the words "Union ports" of the words "ports in the Republic" and for the words "Union port", wherever they occur, of the words "port in the Republic".
35. Section two hundred and twelve of the principal Act is hereby amended by the substitution in paragraph (b) for the words "certificate or a local load line certificate" of the words "certificate, a local load line certificate or a load line exemption certificate issued under section two hundred and four".
36. Section two hundred and sixteen of the principal Act is hereby amended by the substitution in sub-section (1) and in sub-section (5) for the word "non-Union" of the words "non-South African".
37. Section two hundred and eighteen of the principal Act is hereby amended by the substitution in the Afrikaans ver- sion for the word "plaaslike" of the word "spesiale".
38. Section two hundred and nineteen of the principal Act is hereby amended-
(a) by the substitution in sub-paragraph (i) of paragraph (a) for the word "non-Union" of the words "non- South African";
(b) by the substitution in sub-paragraph (ii) of paragraph (a) and in paragraph (b) for the word "proclama- tion" of the word "notice"; and
(c) by the substitution in the Afrikaans version of sub- paragraph (ii) of paragraph (a) and in the Afrikaans version of paragraph (b) for the word "plaaslike" of the word "spesiale".
39. Section two hundred and twenty of the principal Act is hereby amended-
(a) by . the substitution in paragraph (a) for the word . "non-Union" of the words "non-South African"; (b) by the substitution in paragraph (b) for the word
"proclamation" of the word "notice"; and . (c) by the substitution in the Afrikaans version of para-
graph (b) for the word "plaaslike" of the word "spesiale".
40. Section two hundred and twenty-one of the principal Act is hereby amended by the substitution in sub-section (2) for the words "port in the Union", wherever they occur, of the words "port in the Republic".
41. Sections two hundred and twenty-five and two hundred and twenty-eight of the principal Act are hereby amended by the substitution in sub-section (1) of each of those sections for the words "Union ports" of the words "ports in the Republic" and for the words "Union . port" of the words "port in the Republic".
42. Section two hundred and thirty-five of the principal Act is hereby amended by the substitution in paragraph (b) of sub-section (5) for the words "port in the Union" of the words "port in the Republic".
43. Section two hundred and thirty-six of the principal Act is hereby amended by the substitution for the words "port in the Union", wherever they occur, of the words "port in the Republic".
44. Section two hundred and thirty-seven of the principal Act is hereby amended by the substitution in sub-section (1) for the words "port in the Union" of the words "port in the Republic".
45. Section two hundred and fifty-one of the principal Act is hereby amended by the substitution for the words "Govern- ment of the Union" of the words "Government of the Republic".
40 GOVERNMENT GAZETTE EXTRAORDINARY, lOTH MAY, 1963
Amendment of section 260 of Act 57 of 1951.
Amendment of section 264 of Act 57 of 1951, as amended by section 52 of Act 69 of 1962.
Amendment of section 266 of Act 57 of 1951, as amended by section 53 of Act 69 of 1962.
Amendment of section 269 of Act 57 of 1951.
Amendment of section 279 of Act 57 of 1951.
Amendment of section 298 of Act 57 of 1951, as amended by section 36 of Act 30 of 1959.
Amendment of section 311 of Act 57 of 1951, as amended by section 38 of Act 30 of 1959.
Amendment of section 317 of Act 57 of 1951.
Substitution ot section 332 of Act 57 of 1951.
Amendment of section 333 of Act 57 of 1951.
Amendment of section 339 of Act 57 of 1951, as amended by section 56 of Act 69 of 1962.
Amendment of section 345 of Act 57 of 1951.
Amendment of section 355 of Act57ofl951, as amended by section 41 of Act 30 of 1959.
46. Section two hundred and sixty of the principal Act is hereby amended by the substitution for the words "Union ports" of the words "ports in the Republic" and for the words "Union port" of the words "port in the Republic".
47. Section two hundred and sixty-four of the principal Act is hereby amended-
(a) by the substitution in paragraph (a) of sub-section (2) for the words "ports in the Union" of the words "ports in the Republic"; and
(b) by the substitution in paragraph (b) of sub-section (2) and in sub-section (3) for the words "Union port" of the words "port in the Republic".
48. Section two hundred and sixty-six of the principal Act is hereby amended-
(a) by the substitution in paragraph (a) of the proviso to sub-section (2) for the words "ports in the Union" of the words "ports in the Republic"; and
(b) by the substitution in paragraph (b) of the said pro- viso for the words "Union port" of the words "port in the Republic".
49. Section two hundred and sixty-nine of the principal Act is hereby amended by the substitution in sub-section (2) for the words "ports in the Union" of the words "ports in the Republic".
50. Section two hundred and seventy-nine of the principal Act is hereby amended by the substitution in sub-section (2) for the words "Government of the Union" of the words "Government of the Republic".
51. Section two hundred and ninety-eight of the principal Act is hereby amended by the substitution in paragraph (d) of sub-section (1) for the words "Union Defence Forces" of the words "South African Defence Force".
52. Section three hundred and eleven of the principal Act is hereby amended by the substitution in sub-section (1) for the words "Union port" of the words "port in the Republic".
53. Section three hundred and seventeen of the principal Act is hereby amended-
(a) by the substitution in paragraph (b) and in para- graph (c) of sub-section (3) for the words "Union port" of the words "port in the Republic"; and
(b) by the substitution in sub-section (4) for the word "harbour", where it occurs for the first time, of the word "port" and for the words "Union harbour" of the words "port in the Republic".
54. The following section is hereby substituted for section three hundred and thirty-two of the principal Act: "Damage to 332. In the construction of any enactment ~r!W~~:oss which confers on any court Admiralty jurisdiction personal in respect of damage, reference to damage shall injury. be deemed to include reference to ·damages for
loss of life or personal injury, and proceedings in respect of such damages may be brought in rem or in personam.".
55. Section three hundred and thirty-three of the principal Act is hereby amended by the substitution in sub-section (1) for the word "Union" of the word "Republic".
56. Section three hundred and thirty-nine of the principal Act is hereby amended by the substitution in sub-section (1) for the words "Government of the Union" of the words "Government of the Republic".
57. Section three hundred and forty-five of the principal Act is hereby amended by the substitution for the words "Government of the Union", wherever they occur, of the words "Government of the Republic".
58. Section three hundred and fifty-five of the principal Act is hereby amended by the substitution in sub-section (3) for the words "ports in the Union" of the words "ports in the Republic".
42 GOVERNMENT GAZETTE EXTRAORDINARY, lOTH MAY, 1963
Amendment of section 356 of Act 57 of 1951, as amended by section 42 of Act 30 of 1959.
Insertion of section 356bis in Act 57 of 1951.
Amendment of section 357 of Act 57 of 1951.
Substitution in Act 57 of 1951 for the words "Union" and "Governor- General" of the words "Republic" and "State Presi- dent", respectively. Short title.
59. Section three hundred and fifty-six of the,· principal Act is hereby amended-
( a) by the deletion in sub-section (3) of the words "or deemed in terms of sub-section ( 4) to have been so made,"; and
(b) by the deletion of sub-section (4).
60. The following section is hereby inserted in the principal Act after section three hundred and fifty-six: ".Ratifica- 356bis. (1) The State President may do all tlon ?f things necessary- certam regu- ( ) ·r b 'fi ·d b h If lations or a to ratt y or cause to e rati e on e a conventions of ·.the Republic any amendments of the and ~f International Collision Regulations, the Load certamd t Line ' Convention or the Safety Convention, amen mens h' h f · · b d ofregula- w tc may rom time to time e rna e; or tions or con- (b) to ratify or cause to be ratified on behalf of ventions. the Republic any regulations or convention
which may from time to time be adopted in substitution for the International Col- lision Regulations, the Load Line Convention or the Safety Convention,
and may by proclamation in the Gazette- · (i) amend the appropriate Schedule to this
Act to give effect to any amendment ratified in terms of paragraph (a); and ··
(ii) substitute for the regulations or the con- vention appearing in the appropriate Schedule to this Act the regulations which have or the convention which has been ratified in terms of paragraph (b).
(2) The Minister shall lay a copy of any pro- clamation issued under sub-section (1) on the Table of the Senate and of the House of Assembly within fourteen·· days after publication of such proclamation in the Gazette if Parliament is then in ordinary session or if Parliament is not in ordinary: session, within fourteen. days after the commencement of its next ensuing ordinary ses- sion.".
61. (I) Section three hundred and fifty-seven of the principal Act is hereby amended-
(a) by the substitution in the Mrikaans version for the word "voorgeskryf" of the word "vereis"; and
(b) by the insertion after the word "Act" of the words "except a bill of lading,".
(2) Sub-section (1) shall be deemed to have come into operation on the date on which section three hundred and fifty-seven of the principal Act came into operation.
62. Subject to the preceding provisions of this Act, the principal Act is hereby amended by the substitution for the word "Union", wherever it occurs, of the word "Republic" and for the word "Governor-General'', wherever it occurs, of the words "State President".
63. This Act shall be called the Merchant Shipping Amend- ment Act, 1963.