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Coastal Trading (Control) Act

Commencement: 1 March 1981

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 113

COASTAL TRADING (CONTROL)

JR 17 of 1980
Act 8 of 1985

ARRANGEMENT OF SECTIONS

SECTION

1. Interpretation
2. No coastal trading without a licence
3. Applications for coastal trading licence

4. Licence may be subject to limitations or conditions

5. Minister may require information
6. Power of search and examination of cargo and documents

7. Cancellation or suspension of a licence
8. Delegation of powers and functions
9. Exemptions
10. Regulations

11. Offences and penalty

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COASTAL TRADING (CONTROL)

To provide for control of coastal trading.

INTERPRETATION

1. In this Act unless the context otherwise requires -
   

"coastal trading" means -

(a) retail or wholesale trading from a ship which leaves a port in Vanuatu to visit other parts of the country; or

(b) the carriage of goods or passengers for profit by ship from any part of Vanuatu whether or not to another part of the country.

"Minister" means the Minister for the time being responsible for transport;

"person" except in this section includes any body corporate;

"ship" means any vessel not propelled solely by oars or paddles which is capable of carrying persons or things or both on water.

NO COASTAL TRADING WITHOUT A LICENCE

2. No person may engage in coastal trading without a licence given by the Minister.

APPLICATIONS FOR COASTAL TRADING LICENCES

3. (1) A person who wishes to engage in coastal trading shall apply to the Minister by completion of the prescribed form and leaving it at the office of the Minister with the prescribed application fee.
   

(2) A separate application shall be made in respect of each ship desired to be used for coastal trading.

LICENCE MAY BE SUBJECT TO LIMITATIONS OR CONDITIONS

4. (1) The Minister may grant a coastal trading licence subject to such limitations and conditions as he may consider fit.
   

(2) Without derogating from the generality of subsection (1), a licence granted in accordance with subsection (1) shall -

(a) specify the period for which the licence is granted;

(b) specify the route or routes which the ship for which the licence is granted may operate;

(c) specify the freight rates and fares which may be charged in respect of goods and passengers being carried or intended to be carried on the ship for which the licence is granted.

MINISTER MAY REQUIRE INFORMATION

5. An applicant for a licence may be required by the Minister to furnish him with information in respect of the ship to be used for trading and the trading for which the applicant wishes to be licensed or for which he is licensed including -
   
   • (a) the goods traded in or to be traded in;
     

(b) the retail or wholesale prices of the goods;

(c) the quantities of goods sold or to be sold;

(d) voyages undertaken or to be undertaken;

(e) the route or routes operated or to be operated;

(f) the freight rates charged or to be charged in respect of goods;

(g) the fares charged or to be charged in respect of passengers.

POWER OF SEARCH AND EXAMINATION OF CARGO AND DOCUMENTS

6. Where a person, when requested, has not furnished information in accordance with section 5 or in the opinion of the Minister has not furnished adequate information he may himself or through his agents -
   
   • (a) examine and search a ship the subject of a licence or an application for a licence;
     

(b) examine cargo on a ship referred to in paragraph (a);

(c) require any person to deliver to him and examine any accounts, shipping documents or other documents relating to the ship used or to be used for coastal trading and to the trading carried on or to be carried on with that ship.

CANCELLATION OR SUSPENSION OF A LICENCE

7. (1) The Minister may cancel or suspend a licence if in his opinion the licence holder has failed to comply with any condition or limitation to which the licence is subject.
   

(2) A cancellation under subsection (1) shall be effective 15 days from notification thereof to the licence holder.

(3) A suspension under subsection (1) shall be effective 3 days from notification thereof to the licence holder.

(4) Where the Minister suspends a licence he shall specify the conditions or limitations with which the licence holder has failed to comply and give such directions as he shall consider necessary.

(5) If in his opinion the Minister is satisfied that the licence holder has complied with his directions he shall either -

(a) restore the suspended licence subject to additions to or variations of its original conditions or limitations; or

(b) restore the suspended licence without making any changes in its conditions and limitations;

otherwise he shall cancel the licence and such cancellation shall be effective 15 days from notification thereof to the licence holder.

DELEGATION OF POWERS AND FUNCTIONS

8. (1) The Minister may from time to time either generally or particularly delegate any of his powers and functions under this Act to any officer holding or acting in any office of the public service.
   

(2) Subject to any general or specific directions given by the Minister, the officer to whom any powers or functions are delegated may exercise those powers or functions in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by delegation.

(3) Every officer purporting to act in accordance with a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(4) Every delegation shall be revocable in writing at will and no delegation shall prevent the exercise of any power or function by the Minister.

EXEMPTIONS

9. The Minister may by notice published in the Gazette exempt any person from the requirement to have a coastal trading licence subject to such conditions as he may consider fit.
   

REGULATIONS

10. The Minister may by Order make regulations not inconsistent with this Act for its better carrying into effect and without derogating from the generality of the foregoing such regulations may -
    

(a) prescribe forms and licences;

(b) provide for licence fees which may be payable either on the grant of a licence or annually or both.

OFFENCES AND PENALTY

11. Any person who -

(a) contravenes any provision of this Act;

(b) carries on coastal trading without a licence;

(c) fails to comply with a lawful request made in accordance with this Act;

(d) fails to comply with any limitation or condition contained in a licence granted under this Act; or

(e) obstructs or attempts to obstruct any person administering or enforcing the provisions of this Act,

commits an offence and on conviction shall be liable to a fine not exceeding VT75,000.

_________________________

[Subsidiary]

SUBSIDIARY LEGISLATION

COASTAL TRADING (CONTROL) (FORMS AND FEES) REGULATIONS

Order 33 of 1981
Order 1 of 1982
Order 5 of 1983
Order 4 of 1987

To prescribe application forms and fees for Coastal Trading Licences.

1. The form contained in Schedule 1 shall be the application form for the purpose of section 3 of the Coastal Trading (Control) Act, Cap. 113.
   
2. The fees set out in Schedule 2 shall be payable on the grant of a licence under section 4 of the Coastal Trading (Control) Act, Cap. 113.
   
3. The form contained in Schedule 3 shall be the form of a licence issued in accordance with section 4 of the Coastal Trading (Control) Act, Cap. 113.
   

__________________________

[Subsidiary]

SCHEDULE 1

The Coastal Trading (Control) (Forms and Fees) Regulations
Application Form for a Coastal Trading Licence

(regulation 1)

Name of applicant ............................................. Nationality ...........................................

Address ..............................................................................................................................

Name of vessel ....................................................... Gross Tonnage ..................................

Type of ship .......................................................... Propulsion ..........................................

Official number of local registration number .......................................................................

Date of last slipping ............................................................................................................

Safety certificate expiry date ...............................................................................................

Proof of ownership .............................................................................................................

Intended freight rate ...........................................................................................................

Intended passengers fares ...................................................................................................

Copra carried below deck .......................................... bags ...................................... tonnes

Copra carried on deck .............................................. bags ...................................... tonnes

Number of crew including captain ........................................................ Maximum number of passengers .......................................................................................................................

Type of insurance cover in respect of vessel ........................................................................

Type of insurance cover in respect of passengers .................................................................

Purpose for which the vessel is to be employed ...................................................................
.........................................................................................................................................................................................................................................................................................

...................................................... .......................................................
Signature Date and place

NOTE: An applicant for a licence may be required by the Minister to furnish him with further information in respect of the ship to be used for trading or the purpose for which it is employed.

FOR OFFICIAL USE ONLY

1. Comments of Minister ..............................................................................................

...................................................................................................................................................................................................................................................................

B. Approved/not approved ...........................................................................................

Minister

____________________________

SCHEDULE 2

Licence Fees

(regulation 2)

SCHEDULE OF FEES FOR LICENSING OF SHIPS UNDER

THE COASTAL TRADING (CONTROL) ACT, CAP. 113

Gross tonnage of vessel Licence fee

Up to 10 tonnes VT1,000
11 to 20 tonnes VT2,000
21 to 30 tonnes VT3,000
31 to 100 tonnes VT12,000
Over 100 tonnes VT24,000

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[Subsidiary]

SCHEDULE 3

The Coastal Trading (Control) (Forms and Fees) Regulations

COASTAL TRADING LICENCE

(regulation 3)

This licence is granted for a period of 12 months.

With effect from ............................................ to ................................................................

Name of vessel ............................................ Registration number .....................................

Gross tonnage .....................................................................................................................

Name of owner ...................................................................................................................

Address ..............................................................................................................................

Freight rate at the time licence granted ..............................................................................

Passenger fares at the time licence granted ..........................................................................
................................................................................................................................................

Purpose for which the vessel employed ................................................................................
............................................................................................................

If the holder of this licence fails to comply with any condition imposed, exceeds the number of persons authorised to carry, or does not have on board the vessel a correct Safety Certificate such licence shall be subject to cancellation under section 7(l) of the Coastal Trading (Control) Act, Cap. 113.

Issued on .............................................................. at ...............................................

......................................................

Minister

Fee amount VT ................................................ Paid on Tr. No. ................................... of ...................................

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