|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Vanuatu Consolidated Legislation - 1988 |
Commencement: 20 July 1968
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 53
SHIPPING
QR 1 of 1968
Act 8 of 1983
Act 7 of 985
Order 15 of 1987
ARRANGEMENT OF SECTIONS
SECTION
PART I
General
1. Interpretation
2. Principal Licensing Officer and other licensing officers
3. Powers of licensing officers and offences connected therewith
PART II
Certificates of Competency
6. Conduct of examinations
7. Syllabuses for examinations
8. Syllabus for higher grades
9. Issue of certificate of competency
15. Exemption from examination
PART III
Crew Requirements
16. Vessels to be provided with certificated officers
17. Penalty for engagement to serve without proper certificate
PART IV
Safety Certificates
20. Survey of vessels
21. Necessary repairs to be completed
24. Marking of vessels
25. Issue of safety certificates
27. Duration of safety certificates
28. Survey to be made if vessel believed to be unseaworthy
30. Inquiry into cause of accident
PART V
Carriage of Passengers
31. Maximum number of passengers
PART VI
Loading of Vessels
33. Minimum freeboard
PART VII
Unseaworthy Vessels
34. Unseaworthy vessels
PART VIII
Dangerous Goods
35. Penalty for misdescription of dangerous goods
36. Power to deal with goods suspected of being dangerous
PART IX
Discipline
37. Offences by seamen
PART X
Miscellaneous
38. Radio
40. Exemptions
PART XI
Penal Provisions
41. Offences in connection with vessels
43. General penalty
44. Liability of corporations
PART XII
Regulations
45. Power to make regulations
46. Appeals against decisions of licensing officers
PART XIII
Application
47. Application
SCHEDULE 1 - (a) Grades of certificates of competency for Masters, Mates
and Coxswains
(b) Grades of certificates of competency for Engineers and Mechanics
SCHEDULE 2 - Application for examination for a certificate of competency
SCHEDULE 3 - Fees for certificates of competency
SCHEDULE 4 - Prerequisites for examination for certificate of competency SCHEDULE 5 - Syllabuses of examinations
SCHEDULE 6 - Certificate of competency
SCHEDULE 7 - Crew requirements
SCHEDULE 8- Application for survey of vessel
SCHEDULE 9 - Survey fees
SCHEDULE 10 Certificate of survey
SCHEDULE 11 Safety certificate
SCHEDULE 12 Order of detention
SCHEDULE 13 Freeboard
----------------------------------------------
SHIPPING
To provide for the control and safety of Vanuatu vessels.
PART I
GENERAL
INTERPRETATION
"approved" means approved by the Minister;
"B.H.P." means Brake Horse Power;
"bosun" means a person in charge of a vessel other than a certificated master;
"breadth" means registered breadth, that is to say, the extreme breadth over the sideplating or planking excluding rubbers;
"coastal vessel" means a vessel going between places in Vanuatu which does not proceed more than 3 miles from land at any point;
"coastal voyage" means a voyage between places in Vanuatu which at no time is more than 3 miles from land at any point;
"coxswain" means a person who has obtained a certificate of competency as such under the provisions of section 4;
"dangerous goods" means aquafortis, vitriol, naphtha, benzine, gun-powder, lucifer matches, nitro-glycerine, petroleum and any explosives within the meaning of the International Maritime Dangerous Goods Code, 1977 as from time to time amended;
"deadweight" means the weight of cargo, fuel, stores or any other thing relative to the weight of the vessel carried in the said vessel;
"depth" means registered depth, that is to say, the height at the midship section of the top of the deck-beam at the middle line above the top of the ceiling;
"engaged in trade" includes the doing of any act with a view to or for the purposes of gain or profit;
"foreign going vessel" means any vessel going between any place in Vanuatu; and any other place beyond the limits of Vanuatu;
"foreign going voyage" means a voyage between any place in Vanuatu and any other place beyond the limits of Vanuatu;
"inner islands" means islands in Vanuatu other than the outer islands;
"inner islands vessel" means a vessel, other than a coastal vessel, going between places in Vanuatu within the inner islands, and includes a vessel plying solely between Tanna and Aniwa, or solely within the Banks Group solely within the Torres Group;
"inner islands voyage" means a voyage between places in Vanuatu within the inner islands and includes voyages solely between Tanna and Aniwa or solely within the Banks Group or solely within the Torres Group;
"length" means registered length, that is to say, the length measured from the forepart of the stem to the afterside of the head of the sternpost or if a vessel without a sternpost then to the foreside of the rudder;
"licensing officer" means the Principal Licensing Officer and any licensing officer referred to in section 2;
"master" means every person holding a certificate of competency as master (except a pilot) having command or charge of a vessel;
"Minister" means the Minister responsible for transport;
"outer islands" means the islands in Vanuatu lying south of Efate and north of Espiritu Santo;
"outer islands vessel" means a vessel other than a coastal vessel going between any place in Vanuatu other than an inner island vessel;
outer islands voyage" means a voyage between places in Vanuatu other than an inner island or coastal voyage;
"passenger" means any person carried in a vessel except -
(a) a person employed or engaged in any capacity on board the ship on the business of the vessel;
(b) a person on board the vessel either -
(i) in pursuance of any obligation laid upon the master to carry shipwrecked, distressed or other persons; or
(ii) by reason of any circumstances that neither the owner, master nor the charterer (if any) could have prevented or forestalled, and
(c) a child under 1 year of age;
"passenger vessel" means a vessel carrying more than 12 passengers;
"safety certificate" means a safety certificate issued under section 25;
"scaman" means any person employed in any capacity as a member of the crew of a vessel;
"service at sea" means service on a ship in the deck or engine department, and includes time spent in port by a bona fide member of the crew of a vessel;
"vessel" means except where otherwise provided in this Act, any vessel not exceeding 500 gross tons engaged primarily in trade between places in Vanuatu, but excludes -
(a) the life boats, rafts, work boats or launches which form part of the equipment of a larger vessel and are being used as such;
(b) punts, barges or other boats whose sole means of propulsion is by manpower or by towing;
(c) canoes of native design and not propelled by an engine.
"Vila Radio" means the radio broadcasting service to ships operated by the Government;
"workshop service" means service ashore in an approved marine engineering workshop or approved shore establishment dealing mainly with the repair and overhaul of marine engines, or an approved training establishment dealing exclusively with the training of marine mechanics or engineers and shall include weekends and public holidays.
PRINCIPAL LICENSING OFFICER AND OTHER LICENSING OFFICERS
(2) Subject to the provisions of this Act licensing officers shall exercise their powers, and shall discharge their duties subject to any general instructions which the Principal Licensing Officer may issue.
POWERS OF LICENSING OFFICERS AND OFFENCES CONNECTED THEREWITH
(a) fails to attend before a licensing officer or to make any answer or to produce any document or to make or sign any declaration or refuse to allow any copies to be taken of any document; or
(b) obstructs any licensing officer in or upon the occasion of the execution of his duty on board ship or elsewhere or knowingly misleads or deceives any licensing officer shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT25,000 or to a term of imprisonment not exceeding 2 months or to both such fine and imprisonment.
PART II
CERTIFICATES OF COMPETENCY
EXAMINATIONS FOR CERTIFICATES OF COMPETENCY
(2) Every applicant for examination for a certificate of competency shall apply in the form prescribed in Schedule 2.
(3) Every applicant for examination for a certificate of competency shall pay the fee prescribed in Part I of Schedule 3.
PREREQUISITES FOR EXAMINATION
(a) that he has acquired the age and served the minimum period of service required for each grade of certificate as prescribed in Schedule 4:
Provided that the Principal Licensing Officer may for such period as he may prescribe exempt a candidate from compliance with the provisions of this paragraph if he can satisfy the said licensing officer that he has equivalent experience; and
(b) that by production of a medical certificate signed by a medical practitioner to that effect he is in good health; and
(c) that he can speak and write Bislama, English or French sufficiently well to be able to perform the duties that may be required of him in his grade; and
(d) that he is of good conduct.
(2) Without prejudice to the provisions of subsection (1) every applicant for a certificate of competency as master, mate or coxswain shall have such test for sight and colour as may be prescribed by the licensing officer.
(3) No applicant for a certificate of competency who fails to satisfy the licensing officer that he can speak Bislama, English or French sufficiently well to be able to fulfil the duties that may be required of him in his grade shall be accepted for re-examination until a period of not less than 6 months have elapsed from the date of his so failing to satisfy the said licensing officer.
CONDUCT OF EXAMINATIONS
SYLLABUSES FOR EXAMINATIONS
Provided that where a syllabus is stated to be the same as that of a lower grade of certificate, the standard of questions asked and the standard required to be obtained will be higher.
(2) Every syllabus shall include a knowledge of the relevant portions of this Act.
SYLLABUS FOR HIGHER GRADES
ISSUE OF CERTIFICATE OF COMPETENCY
Provided that a person who already holds a certificate of a lower grade shall surrender such certificate to the licensing officer before he shall be issued with the certificate of a higher grade.
CANCELLATION AND SUSPENSION OF CERTIFICATES
(2) The Principal Licensing Officer on exercising these powers shall report the result of his decision to the Minister and no new certificate of any grade shall be granted or certificate restored without the approval of the Minister.
EQUIVALENT CERTIFICATE OF COMPETENCY
11. (1) For the purposes of this Act -
(a) a certificate of competency as First Mate of a foreign going vessel issued by the competent authority of a specified country shall be considered equivalent to a certificate of competency as Master Pacific Islands, Vanuatu and a certificate of competency as Second Mate of a foreign going vessel issued by the competent authority of a specified country shall be considered equivalent to a certificate of competency as Mate Pacific Islands, Vanuatu;
(b) a certificate of competency as Engineer, second class motor, or steam and motor, issued by the competent authority of a specified country shall be considered superior to a certificate of competency as Engineer 500 B.H.P.
(2) In this section "specified country" means any country which the Minister may by Order specify for the purposes of this section.
LOSS OF CERTIFICATE
FRAUD AND MISREPRESENTATION
ATTEMPTED BRIBERY
EXEMPTION FROM EXAMINATION
PART III
CREW REQUIREMENTS
VESSELS TO BE PROVIDED WITH CERTIFICATED OFFICERS
Provided that where a licensing officer is of the opinion that, the number of seamen so prescribed is insufficient for the safe and seaman like conduct of the vessel, he may order the number of seamen required to be carried to be increased to such number as he thinks fit.
(2) For the purposes of this Act every certificate of competency for employment in a foreign going vessel shall be deemed to be of a higher grade than the corresponding certificate for employment in an outer islands vessel, and every certificate of competency for employment in an outer islands vessel shall be deemed to be of a higher grade than the corresponding certificate of competency for employment in an inner islands vessel, and every certificate of competency for employment in an inner islands vessel shall be deemed to be of a higher grade than the corresponding certificate of competency for employment in a coastal vessel.
(3) Any person who acts in contravention of the provisions of this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.
(4) Without prejudice to the provisions of the immediately preceding subsection of this section a licensing officer may detain any vessel in respect of which he has reasonable grounds to suspect is to be sent to sea in contravention of the provisions of subsection (1) of this section.
PENALTY FOR ENGAGEMENT TO SERVE WITHOUT PROPER CERTIFICATE
Provided that the lawful holder of any higher grade certificate shall be entitled to go to sea in a capacity requiring a lower grade certificate.
(2) No person shall employ any person in any such capacity in such a vessel who at the time is not the holder of such a certificate.
(3) Any person who acts in contravention of subsection (2) of this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.
PART IV
SAFETY CERTIFICATES
PENALTY, FOR PROCEEDING ON VOYAGE WHEN NO VALID SAFETY CERTIFICATE
(2) If upon demand therefor by any licensing officer the owner, Master or bosun of any vessel engaged in trade or passenger traffic fails without reasonable cause or excuse to produce to such licensing officer the safety certificate of such vessel and the certificates of competency of the officers, engineers or mechanics of the vessel, he shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT25,000 or to a sentence of imprisonment not exceeding 2 months or to both such fine and imprisonment.
APPLICATION FOR SURVEY
SURVEY OF VESSELS
(2) Foreign going vessels of 500 gross tons and upwards and every foreign going passenger vessel shall comply with the requirements of the International Convention for Safety of Life at Sea, 1974 for a vessel of her class:
Provided that a vessel which is not normally engaged on foreign going voyages, if required to undertake a single foreign going voyage, may be exempted from full compliance with the requirements of the International Convention for Safety of Life at Sea, 1974 if the said vessel complies with the safety requirements which are considered adequate in the opinion of the Principal Licensing Officer for the voyage which is to be undertaken.
(3) Every vessel which fails to comply with the requirements for a vessel of the class for which application is made may be awarded a safety certificate for a vessel of a lower class, provided that she complies with the requirements of that class.
(4) Every licensing officer shall, before informing the Principal Licensing Officer that any vessel is safe, be satisfied that the vessel is staunch, safe, sound and seaworthy in all respects and complies with all the requirements for a vessel of her class.
(5) Any person who makes or assists in the making, or procures to be made, any false representation or offers a gratuity to any licensing officer, for the purpose of securing a safety certificate for any vessel, shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT50,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment.
NECESSARY REPAIRS TO BE COMPLETED
(2) Any licensing officer may detain a vessel which requires repairs, alterations or additional gear, pending the decision of the Principal Licensing Officer.
BEACHING OR SLIPPING OF VESSELS
(2) Where a vessel has not been examined by a licensing officer at the time of slipping, satisfactory evidence as to the condition of the under-water portion of the hull and fittings thereof must be furnished to the licensing officer when application is made for a safety certificate and attached to the said application.
CHARGES FOR WORK DONE
MARKING OF VESSELS
(2) If a vessel is without an official number, the local registration number shall be cut in such manner as a licensing officer shall direct.
ISSUE OF SAFETY CERTIFICATES
25. The Principal Licensing Officer may -
(a) on being informed that a vessel is safe; and
(b) being satisfied that the requirements of this Act have been complied with in respect of the said vessel;
grant to a vessel engaged in trade or passenger traffic a safety certificate in the form prescribed in Schedule 11 and shall retain a duplicate thereof, and such certificate shall be liable to be revoked or suspended at any time by a licensing officer.
REVOCATION AND SUSPENSION OF SAFETY CERTIFICATES
DURATION OF SAFETY CERTIFICATES
SURVEY TO BE MADE IF VESSEL BELIEVED TO BE UNSEAWORTHY
(2) A copy of every such order shall be served as soon as possible on the owner, master or bosun of the vessel.
MASTER OR OWNER TO REPORT LOSS OR DAMAGE OF VESSEL
(2) If such owner, master or bosun fails to make such a report he shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT25,000 or to a term of imprisonment not exceeding 2 months or to both such fine and imprisonment.
INQUIRY INTO CAUSE OF ACCIDENT
PART V
CARRIAGE OF PASSENGERS
MAXIMUM NUMBER OF PASSENGERS
(2) Where a Principal Licensing Officer is of the opinion that the number of passengers is too great having regard to the weather or other circumstances and may tend to cause the vessel to be unseaworthy or may endanger the lives of any of the persons carried, he may at his discretion reduce the number of passengers permitted to be carried by such number as he may think fit.
MAXIMUM NUMBER OF PERSONS NOT TO EXCEED NUMBER OF ADEQUATE LIFE SAVING APPLIANCES
(2) The owner, master or bosun of any vessel which proceeds to sea with a greater number of persons than that permitted by this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT300,000 or to a term of imprisonment not exceeding 3 years or to both such fine and imprisonment:
Provided that nothing in this section shall prevent the licensing officer from permitting a greater number of persons than that prescribed to be carried in the event of an emergency.
PART VI
LOADING OF VESSELS
MINIMUM FREEBOARD
(2) (a) Every vessel being a vessel of 150 gross tons or over shall have her
freeboard assigned as prescribed by the International Convention on Load Lines, 1966 as from time to time amended.
(b) Every vessel being a vessel of less than 150 gross tons, shall have her freeboard assigned as prescribed in Schedule 13:
Provided that the Principal Licensing Officer may, if he deems it advisable having due regard to the design, construction, age and condition of the vessel or in special circumstances assign a greater or lesser freeboard to such limit as may be necessary to ensure the safety of the vessel in adverse weather conditions.
PART VII
UNSEAWORTHY VESSELS
UNSEAWORTHY VESSELS
Provided that no such offence shall be deemed to have been committed if he proves either that he used all reasonable means to ensure her being sent to sea in a seaworthy state, or that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable.
(2) If the master or bosun of any vessel knowingly takes any vessel to sea in such an unseaworthy state that the life of any person is thereby likely to be endangered he shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT500,000 or to a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.
(3) For the purposes of this section any vessel the safety of which is impaired due to the forward vision of the lookout or watchkeeper being obscured by reason of the disposition of deck cargo or passengers, or from any other cause, shall be deemed to be unseaworthy.
(4) A prosecution under this section shall not be instituted otherwise than by or with the consent of the Attorney General.
PART VIII
DANGEROUS GOODS
PENALTY FOR MISDESCRIPTION OF DANGEROUS GOODS
(a) giving due notice to the owner, master or bosun of the vessel on which it is intended that they shall be so sent to sea; and
(b) marking upon the said goods their description.
(2) Any person who knowingly sends or attempts to send, or carries or attempts to carry in any vessel any dangerous goods under a false description, or who falsely describes them, shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.
POWER TO DEAL WITH GOODS SUSPECTED OF BEING DANGEROUS
(2) Where -
(a) any dangerous goods are sent to sea in contravention of subsection (1) of section 35;
(b) any other goods become or are in the opinion of the owner, master or bosun likely to become dangerous;
(c) any goods are found to be dangerous after being opened under the provisions of subsection (1) of this section;
the owner, master or bosun of the vessel may cause those goods to be thrown overboard, together with any package or receptacle in which they are contained; and neither the owner, master nor bosun of the vessel shall be subject to any liability, civil or criminal, in any court, for so throwing the goods overboard.
PART IX
DISCIPLINE
OFFENCES BY SEAMEN
37. (1) Any seaman who being lawfully engaged to serve in any vessel -
(a) strikes or assaults any person on board or belonging to the vessel; or
(b) unlawfully combines with any one or more of the crew; or
(c) wilfully damages the vessel or embezzles or wilfully damages any of her stores, equipment or cargo; or
(d) brings or has on board, without the concurrence of master or bosun, any intoxicating liquors or substances or drugs; or
(e) is drunk or under the influence of any intoxicating substance or drugs;
(f) or takes or has on board, without the concurrence of the master or bosun, any firearm, knuckleduster, loaded cane, slingshot, sword, stick, dagger or any other offensive weapon or offensive instrument; or
(g) uses insolent or contemptuous language or behaviour to the master, bosun or other officer;
shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.
(2) A master or bosun shall be liable to punishment for the said offences as if he were a seaman.
PART X
MISCELLANEOUS
RADIO
(2) Every vessel other than those vessels prescribed in the immediately preceding subsection of this section or a coastal vessel shall be provided with a type approved radio/telephone installation.
(3) Every vessel required to be provided with a radio/telephone installation shall, when in Vanuatu, report its position to Vila Radio Station at least once every 24 hours.
(4) The master or bosun of any vessel who fails, without reasonable cause, to report the position of his vessel as required by this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT50,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment.
SUFFICIENT FUEL TO BE CARRIED
(a) which is primarily propelled mechanically, who fails to carry sufficient fuel to complete a voyage to the next scheduled port or place of call at which fuel is available, including any extension of such voyage that may reasonably be expected, and in addition to maintain an adequate reserve of fuel to meet any emergency that may reasonably be expected; or
(b) which is secondarily propelled mechanically, who fails to carry sufficient fuel to meet any emergency that may reasonably be expected;
shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a term of imprisonment not exceeding 1 year, of to both such fine and imprisonment.
EXEMPTIONS
PART XI
PENAL PROVISIONS
OFFENCES IN CONNECTION WITH VESSELS
41. (1) Any person who -
(a) being drunk or under the influence of drugs or being disorderly has been on that account refused admission to a vessel by the owner or any person in his employment, nevertheless persists in attempting to board the vessel; or
(b) being drunk or under the influence of drugs or being disorderly on board a vessel is requested by the owner or any person in his employ to leave the vessel at any place in Vanuatu, at which he can conveniently do so, does not comply with the request; or
(c) on board a vessel, after warning by the master or other officer thereof, molests or continues to molest any passenger; or
(d) after having been refused admission to a vessel by the owner or any person in his employ on account of the vessel being full nevertheless persists in attempting to enter the vessel; or
(e) having gone on board a vessel at any place, and being requested, on account of the vessel's being full, by the owner or any person in his employ to leave the vessel, before it has quitted that place does not comply with that request; or
(f) travels or attempts to travel in a vessel without first paying his fare, and with intent to avoid payment thereof; or
(g) having paid his fare for a certain distance, knowingly and wilfully proceeds in a vessel beyond that distance without first paying the additional fare for the additional distance, and with intent to avoid payment thereof; or
(h) on arriving in a vessel at a point to which he has paid his fare, knowingly and wilfully refuses or neglects to quit the vessel; or
(i) on board a vessel fails, when requested by the master or other officer thereof, either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare for the vessel;
shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT25,000 or to a sentence of imprisonment not exceeding 2 months, or to both such fine and such imprisonment, but such liability shall not prejudice the recovery of any fare payable to him.
(2) Any person on board any vessel who 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 vessel, or to obstruct, impede, or molest the crew, or any of them in the navigation of management of the vessel, or otherwise in the execution of their duty on or about the vessel, shall be guilty of an offence and on conviction shall be liable to a fine not exceeding VT50,000 or to a sentence of imprisonment not exceeding 6 months or to both such fine and imprisonment.
(3) The master or other officer of any vessel and all persons called by him to his assistance, may, without any warrant, detain any person who commits any offence against this section and convey the offender with all convenient despatch before a magistrate to be dealt with according to law.
MISCONDUCT ENDANGERING LIFE OR SHIP
(a) does any act tending to the immediate loss, destruction or serious damage of the vessel, or tending immediately to endanger the life or limb of a person belonging to or on board the vessel; or
(b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the vessel from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the vessel from immediate danger to life or limb;
he shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a sentence of imprisonment not exceeding I year or to both such fine and imprisonment.
GENERAL PENALTY
LIABILITY OF CORPORATIONS
PART XII
REGULATIONS
POWER TO MAKE REGULATIONS
(2) Without derogating from the generality of subsection (1) the Minister may in such Orders provide for -
(a) the forms to be used for the purposes of the Act and particulars to be included therein;
(b) the fees payable to the licensing officer;
(c) the various matters in respect of which fees are payable;
(d) a penalty of not more than VT50,000 or a term of imprisonment not exceeding 6 months or both such fine and imprisonment for contravention of any such regulations.
(3) The Minister may from time to time by Order add to or vary or modify any of the Schedules to the Act including any matter set out therein.
APPEALS AGAINST DECISIONS OF LICENSING OFFICERS
(2) Any persons dissatisfied with any decision of the Minister may, within 21 days after being notified thereof, appeal to the Supreme Court by sending notice in writing of the grounds of his dissatisfaction to the Registrar of the Supreme Court.
(3) Any appeal under subsection (2) of this section may, in the discretion of any judge of the Supreme Court, be heard in chambers and may be determined summarily, and shall in any event be subject to such terms as to costs or otherwise as the court may direct.
(4) The decision of the court shall be communicated to the appellant and to the licensing officer concerned as soon as possible and such decision shall be final and conclusive and shall not be questioned in any other court or proceedings whatsoever.
PART XIII
APPLICATION
APPLICATION
(2) This Act shall apply to vessels and persons in the public service of the government in a civil capacity.
__________________________
SCHEDULE 1
(Section 4(l))
(a) Grades of Certificates of Competency for Masters, Mates and Coxswains
- (i) Master Pacific Is. Vanuatu.
- (ii) Mate Pacific Is. Vanuatu.
- (iii) Master Vanuatu.
- (iv) Mate Vanuatu.
(v) Coxswain 1st Class
(v) Coxswain 2nd Class.
(vii) Coxswain 3rd Class.
(b) Grades of Certificates of Competency for Engineers and Mechanics
- (i) Engineer 500 B. H. P.
- (ii) Engineer 300 B.H.P.
(iii) Mechanic 1st Class.
(iii) Mechanic 2nd Class.
(v) Mechanic 3rd Class.
_______________________
SCHEDULE 2
(Section 4(2))
Application for Examination for a Certificate of Competency
Name in full .......................................................................................................................
Date of application ..............................................................................................................
Certificate of competency for which applicant wishes to be examined ................................
.............................................................................................................................................
Certificate of competency applicant now holds ....................................................................
Age of applicant ..................................................................................................................
Signature of applicant .........................................................................................................
I certify that I have served in the following capacities -
Months
(a) For Coxswains, Mates and Masters ............................
As Seaman ............................
As Coxswain 3rd Class ............................
As Coxswain 2nd Class ............................
As Coxswain 1st Class ............................
As Mate Vanuatu ............................
As Master Vanuatu ............................
As Mate Pacific Is. Vanuatu ............................
In sea training establishment ............................
TOTAL: ___________________
(b) For Engineers and Mechanics .............................
In shop .............................
At sea engaged as .............................
At sea engaged as .............................
At sea engaged as .............................
In engine training establishment .............................
TOTAL: _____________________
(c) Address to which reply should be sent:
................................................................................................................................
(d) Remittance enclosed covering fee .................... specified in Part 1 of Schedule 3 to this Act.
_______________________
SCHEDULE 3
(Section 4(3))
Fees for Certificates of Competency
PART 1
VATU
Coxswain 3rd Class shall be 500
Coxswain 2nd Class shall be 1,000
Coxswain 1st Class shall be 1,000
Mate Vanuatu shall be 1,500
Master Vanuatu shall be 1,500
Mate Pacific Is. Vanuatu shall be 2,000
Master Pacific Is. Vanuatu shall be 2,000
Mechanic 3rd Class shall be 500
Mechanic 2nd Class shall be 1,000
Mechanic 1st Class shall be 1,000
Engineer 300 B.H.P. shall be 1,500
Engineer 500 B.H.P. shall be 2,000
(Section 12)
PART 2
VATU
(a) Coxswains and Mechanics shall be 200
(b) Masters, Mates and Engineers shall be 200
__________________
SCHEDULE 4
(Section 5(1))
Prerequisites for Examination for Certificate of Competency
Coxswain 3rd Class
A candidate for a certificate of competency as Coxswain 3rd class must have attained the age of 18 years and must have served for a period of not less than I year at sea in the deck department.
Coxswain 2nd Class
A candidate for a certificate of competency as Coxswain 2nd class must have attained the age of 19 years and must have served for a period of not less than 18 months at sea in the deck department.
Coxswain 1st Class
A candidate for a certificate of competency as Coxswain 1st class must have attained the age of 21 years and must have served at sea for a period of not less than 18 months while in possession of a certificate of competency as Coxswain 2nd class:
Provided that a period not exceeding 6 months of this service may be remitted for attendance at an approved sea training establishment.
Mate Vanuatu
A candidate for a certificate of competency as Mate Vanuatu must have served at sea in the deck department on outer islands or foreign going vessels for a period of not less than 3 years. Service on coastal or inner islands vessel may count at two thirds rate provided that at least 1 year must have been served on outer islands or foreign going vessels:
Provided that a period not exceeding 6 months of this service may be remitted for attendance at an approved sea training establishment.
Master Vanuatu
A candidate for a certificate of competency as Master Vanuatu must have attained the age of 23 years and must have served at least 2 years at sea while in possession of a certificate of competency as Mate Vanuatu. Of this a period of not less than 1 year must have been served as a watch-keeping officer on outer islands or foreign going vessels.
Mate Pacific Is. Vanuatu
A candidate for a certificate of competency as Mate Pacific Is. Vanuatu must have attained the age of 23 years and must have served a period of not less than 2 years at sea while in possession of a certificate of competency as Mate Vanuatu. Of this a period of not less than 1 year must have been served as a watch-keeping officer on outer islands or foreign going vessels.
Master Pacific Is. Vanuatu
A candidate for a certificate of competency as Master Pacific Is. Vanuatu must have attained the age of 25 years and must have served a period of not less than 2 years at sea while in possession of a certificate of competency as Master Vanuatu or as Mate Pacific Is. Vanuatu. Of this 2 year period a period of not less than 1 year must have been served as a watch-keeping officer on outer islands or foreign going vessels and a period of not less than 1 year must have been served as a watch-keeping officer on a foreign going vessel:
Provided that a period of not more than 6 months may be remitted for attendance at an approved sea training establishment.
Mechanic 3rd class
A candidate for a certificate of competency as a Mechanic 3rd class must have attained the age of 18 years and must have had experience for a period of not less than I year of internal combustion or compression ignition engines, 6 months of which period must have been served at sea.
Mechanic 2nd class
A candidate for a certificate of competency as a Mechanic 2nd class must have attained the age of 19 years and must have had experience for a period of not less than 18 months of internal combustion or compression ignition engines, I year of which time must have been served at sea.
Mechanic 1st class
A candidate for a certificate of competency as a Mechanic 1st class must have attained the age of 21 years and must have served for a period of not less than 18 months while in possession of a certificate of competency as Mechanic 2nd class:
Provided that a period of not more than 12 months of this service may be remitted in respect of approved workshop service.
Engineer 300 B.H.P.
A candidate for a certificate of competency as Engineer 300 B.H.P. must have attained the age of 21 years and must have served for a period of not less than 3 years and 6 months at sea. Such sea service must have been performed in vessels of at least 100 B.H.P. Service on vessels of a power of less than 100 B.H.P., but not less than 25 B.H.P. may count at two-thirds rate provided that not less than 6 months must have been served on vessels of a power of at least 100 B.H.P.:
Provided that a period of not more than 2 years of this service may be remitted in respect of approved workshop service.
Engineer 500 B.H.P.
A candidate for a certificate of competency as Engineer 500 B.H.P. must have attained the age of 23 years and must have served for a period of not less than 2 years at sea while in possession of a certificate of competency as Engineer 300 B.H.P. Of this 2 year period at least 1 year must have been served as an engineer in vessels with main engines of an aggregate power of at least 140 B.H.P.
________________________
SCHEDULE 5
(Section 7)
Syllabuses of Examinations
COXSWAIN 3RD CLASS
(1) The examination for a certificate of competency as a Coxswain 3rd class shall comprise the following -
(a) Local knowledge - oral and practical -
(i) The topography of the area for which the candidate is to be certified including the position of dangerous reefs and obstructions, boat passages, safe anchorages and land marks.
(ii) Local weather patterns.
(iii) Currents and tidal streams in the area.
(b) General ship knowledge--oral and practical -
(i) The steering and sailing rules contained in Part B of the International Regulations for Preventing Collisions at Sea, 1972 as from time to time amended and the lights to be carried by vessels under various conditions.
(ii) Steering by compass.
(iii) Names of principal parts of a ship's structure.
(iv) Care and use of fire fighting and lifesaving appliances and distress signals.
(v) Care and maintenance of vessels.
(vi) Knots and hitches-reef knot, bowline.
(vii) Boat handling under normal conditions including berthing, unberthing, anchoring, picking up objects or persons from the water.
COXSWAIN 2ND CLASS
(2) The examination for a certificate of competency as a Coxswain 2nd class shall comprise the following -
(a) Local knowledge-oral and practical-as for Coxswain 3rd class but requiring less detailed knowledge of any one locality and more general knowledge of inner island waters.
(b) General ship knowledge--oral and practical-as for Coxswain 3rd class with the addition of -
(i) Use and marking of leadline.
(ii) Use of sea anchor.
(iii) Names and functions of various parts of a ship, e.g. decks, bulwarks, strums, etc.
(iv) General ship routine.
(v) Paint and its uses.
(vi) Operation of windlass.
(vii) Operation of winches, derricks and cargo gear.
(viii) Stowage of cargo and trim of vessel.
(ix) Standing and running rigging.
(x) Reeving boat falls and tackles.
(xi) Knots, splices and hitches-round turn and 2 half hitches, eye splices, short splice, back splice, common whipping.
(xii) Battening down and securing for sea.
(c) Navigation and ship handling-oral and practical -
(i) Principal symbols used on admiralty charts and interpretation of charted information.
(ii) Setting and steering a given course.
(iii) Keeping a plot on a given marked course on the chart.
(iv) Boat handling in all weather conditions, including towage, and turning short round.
COXSWAIN 1ST CLASS
(3) The examination for a certificate of competency as a Coxswain 1st class shall comprise the following -
(a) Local knowledge-oral and practical-as for Coxswain 2nd class.
(b) General ship knowledge--oral and practical-as for Coxswain 2nd class with the addition of -
(i) Cause and prevention of corrosion.
(ii) Meaning of "stiff " and "tender" and proper loading.
(iii) Practical use of tackles.
(iv) Lifting and stowing heavy weights.
(v) Types of anchors and their advantages.
(vi) Anchor cables and their care.
(vii) Precautions to be taken on the approach of bad weather.
(viii) How to act in the case of collision, fire, stranding, approaching sharp bends, man overboard and other emergencies.
(ix) Elementary ideas on damage control.
(x) The International Regulations for Preventing Collisions at Sea, 1972, as from time to time amended, and the use of compass to ascertain risk of collision.
(xi) Anchoring, anchoring in a seaway, anchoring in a confined space, precautions to be taken when riding to a single anchor, uses of a second anchor and mooring.
(xii) How to clear a foul hawse.
(xiii) The rigging and use of an improvised sea anchor.
(c) Navigation-oral and practical-as for Coxswain 2nd class with the addition of -
(i) Application of variation and deviation to true magnetic and compass bearings and courses.
(ii) Laying off a course on the chart, applying the necessary corrections to find the compass course to steer.
(iii) Taking and plotting simultaneous cross bearings.
(iv) Finding the ship's position by 4 point bearing.
(d) Signals-oral -
(i) Elementary operation of R/T.
(ii) R/T Distress procedure.
(e) First Aid -
(i) Simple first aid.
(ii) Artificial respiration.
MATE VANUATU
(4) The examination for a certificate of competency as Mate Vanuatu shall comprise the following -
(a) Local knowledge-oral-as for Coxswain 1st and 2nd class but with additional knowledge of Vanuatu waters generally.
(b) General ship knowledge - oral - as for Coxswain 1st class with the addition of -
(i) Rigging jury rudder and emergency steering.
(ii) Improvised emergency jury sail.
(iii) How to make and use cement boxes.
(iv) General knowledge of ship construction.
(v) Duties of officer of the watch.
(c) Navigation-written (3 hours) and oral-as for the oral examination for Coxswain 1st class with the addition of -
(i) Allowance for leeway and set.
(ii) Fixing the ship's position by 2 single bearings with a run between.
(iii) Plain sailing.
(iv) Use of traverse table.
(d) Signals-oral-as for Coxswain 1st class with the addition of recognition and single letter meanings of the International Code flags.
(e) First aid-as for Coxswain 1st class.
MASTER VANUATU
(5) The examination for a certificate of competency as Master Vanuatu shall comprise the following -
(a) Local knowledge-oral as for Mate Vanuatu.
(b) General ship knowledge-oral-as for Mate Vanuatu with the addition of -
(i) Use of sextant, finding and applying index error.
(ii) Checking chronometer error by W/T time signal.
(iii) Strength of ropes and wire.
(iv) General ideas on ship construction.
(v) Use of aneroid barometer.
(vi) Indications of approaching bad weather, tropical revolving storms, etc., and necessary action to be taken.
(vii) The use and care of azimuth mirror and chronometer.
(c) Navigation-written (3 hours)-as for the examination for Mate Vanuatu with the addition of -
(i) Variation, deviation and local attraction of compass.
(ii) To find the deviation by the bearing of 2 objects in line and by amplitude and azimuth of the sun (use of tables only required).
(iii) To find on a chart the course to steer by compass to counteract the effects of a given current and find the distance the ship will make good towards a given point in a given time.
(iv) To work a day's work.
(v) To find a latitude by meridian altitude of the sun.
(d) Signals, as for Mate Vanuatu with the addition of -
(i) Use of the International Code of Signals, Volume 1.
(ii) Morse code by flashing up to 6 words per minute.
(iii) British semaphore up to 8 words per minute.
(e) First aid-as for Mate Vanuatu.
MATE PACIFIC ISLANDS, VANUATU
(6) The examination for a certificate of competency as Mate Pacific Islands, Vanuatu shall comprise the following -
(a) Mathematics and principles of navigation-written (3 hours) -
(i) Algebra-addition, subtraction, multiplication, division, law of indices, insertion and removal of brackets, simple equations, problems, graphs.
(ii) Common logarithms-the use of common logarithms in calculations involving multiplication and division, powers and roots.
(iii) Geometry-construction and properties of triangles, circles, chords and tangents, diagrams of forces.
(iv) Trigonometry-measurements of angles, solution of plane right-angled and oblique triangles. Use of traverse table for solution of plane right-angles.
(v) Principles of navigation -
Understanding of terrestrial and celestial spheres.
Real and apparent movement of heavenly bodies.
Time and G.H.A. and relationship between time and longitude.
The principle of the sextant.
The correction of sextant altitudes.
Geographical position of heavenly bodies and position circles.
Magnetic and compass meridian, variation and deviation.
Simple properties of mercator charts, their advantages and disadvantages.
Rhumb lines.
(b) General nautical knowledge-written (3 hours) and oral-as for the oral examination for Master Vanuatu with the addition of -
(i) Dunnaging and stowage of cargo.
(ii) Precautions against heavy weather.
(iii) An acquaintance with the construction of wooden and small steel vessels, including framing, beams, beam knees, hatchways, rudders, steering gear, sounding pipes, air pipes and pumping arrangements.
(iv) The meanings of block coefficient, displacement, deadweight.
(v) Rigging for cargo work.
(vi) Protection of cargoes.
(vii) Conversion of weight measurement of cargo into space measurements and vice versa.
(viii) Handling of heavy weights.
(ix) Ship maintenance.
(x) The fire and livesaving requirements for foreign going vessels.
(xi) The use and care of all deck appliances and fittings.
(xii) Anchors and cables.
(xiii) Ship handling in port approaches and bad weather.
(xxiii) Care of compass.
(xxiv) Reliability of charts.
(xxv) Landfalls in thick and clear weather.
(xxvi) Knowledge of notices to mariners, annual summary.
(xxvii) Ship's business.
(xxviii) Entering and clearing port.
(xxix) Pratique, etc.
(c) Navigation-written (3 hours)-as for Master Vanuatu with the addition of -
(i) Finding the time and height of high and low water at a secondary port.
(ii) Reduction of soundings.
(iii) Distance of sighting lights.
(d) Signals-as for Master Vanuatu.
(e) First aid and tropical hygiene-as for the first aid examination for Mate Pacific Islands, Vanuatu with the addition of the following -.
(f) Meteorology-written (3 hours) -
(i) Principles and use of barometer, thermometer and hygrometer.
(ii) Knowledge of the main pressure, wind and current systems of the Pacific Ocean.
(iii) Relationship between pressure and wind.
(iv) Buys Ballot's Law
(v) The characteristics of anticyclones, depressions, monsoon systems, tropic revolving storms, land and sea breezes.
(vi) Beaufort wind scales and weather notation.
(vii) Principal cloud types.
(viii) Simple ideas on fronts.
(ix) General points to consider in selection of ocean routes.
(g) Magnetism, electricity and engineering-written (2 hours) -
(i) Simple magnetism, poles of a magnet, laws of magnetism, magnetic field.
(ii) Earth's magnetic field magnetic force, dip horizontal and vertical components, magnetic variation.
(iii) Deviation, "hard" and "soft" iron, siting of compasses on board ship.
(iv) Simple electrics, current, voltage, resistance, Ohm's Law, direct and alternating current.
(v) Principle of the dynamo and electric motor.
(vi) Fuses, switches and simple ship's circuits.
(vii) Simple mechanics, heat work and power.
(viii) Simple mechanical engineering, principles of steam reciprocating and turbine machinery internal combustion and compression ignition engines.
(ix) Ship's pumps, valve chests, and piping arrangements.
(x) Horsepower, fuel consumption, propeller slip.
MECHANIC 3RD CLASS
(8) The examination for a certificate of competency as Mechanic 3rd class shall be conducted in such manner as the examiner may seem fit to satisfy himself that the candidate possesses sufficient working knowledge to operate and maintain the class of engine he will be in charge of. The emphasis shall be in the practical application of such knowledge with particular reference to fuel system, lubrication system, bilge connections and cleanliness of bilges, together with knowledge of operation of fire fighting appliances and fire prevention. The examiner shall endorse on the certificate the type of engine for which the candidate has been examined and such certificate shall be valid only for that type of engine.
MECHANIC 2ND CLASS
(9) The examination for a certificate of competency as Mechanic 2nd class shall comprise the following, with emphasis on the practical application of the necessary knowledge -
(a) Engineering knowledge-oral and practical -
(i) The working of internal combustion and compression ignition engines.
(ii) Engine maintenance.
(iii) Starting and reversing arrangements.
(iv) Two-stroke and four-stroke cycles.
(v) Circulation systems.
(vi) Lubrication systems.
(vii) Care and changing of injectors.
(viii) Care and charging of batteries, fuses.
(b) Marine engineering knowledge-oral and practical -
(i) Shaft couplings and bearings.
(ii) Stern glands and bushes.
(iii) Circulating systems.
(iv) Propellers.
(v) Water strainers.
(c) Fire precautions-oral and practical -
(i) Precautions to be taken against outbreak of petrol, oil or electrical fires.
(ii) Use and recharging of fire extinguishers.
MECHANIC 1ST CLASS
(10) The examination for a certificate of competency as Mechanic 1st class shall comprise the following -
(a) Engineering knowledge-oral and practical-as for Mechanic 2nd class with the addition of knowledge and maintenance of hydraulic systems used on engine remote controls, windlass and winches.
(b) Marine engineering knowledge-oral and practical-as for Mechanic 2nd class with the addition of-fresh water and salt water circulation systems.
(c) Fire precautions-oral and practical-as for Mechanic 2nd class.
(d) Electrical knowledge-oral and practical -
(i) Care and maintenance of batteries.
(ii) Simple light circuits.
(iii) Fuses and their function.
(iv) Care of electric motors and dynamos.
ENGINEER 300 B.H.P.
(11) The examination for a certificate of competency as Engineer 300 B.H.P. shall comprise the following -
(a) Engineering knowledge-oral-as for Mechanic 1st class with the addition of-
(i) Governors.
(ii) Injectors.
(iii) Electric starting.
(iv) Air starting.
(v) Fuel pumps and carburettors.
(vi) Fuel systems.
(vii) Gear boxes and clutches.
(viii) Air compressors.
(b) Marine engineering knowledge-oral-as for Mechanic 1st class with the addition of -
(i) Bilge pumps and pumping arrangements.
(ii) Stern gear lubrication.
(iii) Method of attaching propellers to shaft.
(iv) Rudder particulars.
(v) Steering gear.
(vi) Knowledge of refrigeration.
(vii) Underwater fittings.
(c) Fire precautions-oral-as for Mechanic 1st class with the addition of-types of extinguishers and their use for different types of fires.
(d) Mathematics-written (1 hour) -
(i) Tank capacities.
(ii) Consumption per mile and per hour.
(e) Drawing (1 hour)-freehand sketches with measurements.
(f) Electrical knowledge-written (1 hour) -
(i) Battery care and maintenance.
(ii) Simple circuits.
(iii) Fuses.
ENGINEER 500 B.H.P.
(12) The examination for a certificate of competency as Engineer 500 B.H.P. shall comprise the following -
(a) Engineering knowledge-written (2 hours)-as for Engineer 300 B.H.P. with the addition of -
(i) Care of air bottles.
(ii) Engine timing.
(iii) Fuel pump calibration.
(iv) Simple mechanics, heat, work and power.
(v) Simple ship construction.
(b) Marine engineering knowledge-written (2 hours)-as for Engineer 300 B. H. P. with the addition of -
(i) Knowledge of direct reversing engines.
(ii) Propellers and pitch, etc.
(iii) Operation of hydraulic clutch and reverse.
(iv) Engine alignment.
(c) Fire precautions-written (1 hour)-as for Engineer 300 B.H.P. with the addition of-knowledge of the action of various types of extinguishers and their care and maintenance.
(d) Mathematics-written (3 hours)-as for Engineer 300 B.H.P. with the addition of -
(i) Propeller problems, pitch and slip, etc.
(ii) Consumption variations in relation to horsepower and speed, etc.
(iii) Simple electrical problems.
(iv) Areas of different figures.
(v) Volumes of different solids.
(vi) Powers and roots.
(vii) Use of common logarithms.
(e) Drawing (2 hours)-making and dimensioning of simple mechanical working drawings.
(f) Electrics-written (2 hours)-as for Engineer 300 B.H.P. with the addition of-
(i) Battery charging.
(ii) Dynamics.
(iii) Electrical starters.
(iv) Switchboards.
(v) Electric motors and their starters.
(vi) Mechanical ventilation.
___________________________
SCHEDULE 6
(Section 9)
Republic of Vanuatu
Shipping Act, Cap. 53
Certificate of Competency
This is to certify that ...........................................................................................................
has been found competent to fulfil the duties of
.............................................................................. (a)
This certificate is valid in the following waters
.............................................................................. (b)
for an engine of the type stated
............................................................................ (c)
Certificate number .................................................................
Place issued ...........................................................................
Date issued ............................................................................
Signature of holder ..................
Signature of Principal Licensing Officer .................................
Date .......................................................................................
Notes -
(a) Insert here the grade of certificate awarded.
(b) In the case of Coxswain 3rd class insert here the locality for which the certificate is valid.
(c) In the case of Mechanic 3rd class the type of engine for which the certificate is valid must be stated.
___________________
SCHEDULE 7
(Section 16(1))
Crew Requirements
(a) Deck Officers
(i) A vessel of 500 gross tons upwards and any passenger vessel engaged on a foreign going voyage, to the scale required by the International Convention for Safety of Life at Sea, 1974;
(ii) A vessel, other than a passenger vessel, or under 500 gross tons engaged on a foreign going voyage, with a Master Pacific Islands, Vanuatu and a Master Vanuatu;
(iii) A vessel of 100 feet in length and upwards engaged on an outer islands voyage, with a Master Vanuatu and a Mate Vanuatu;
(iv) A vessel of under 100 feet in length engaged on an outer islands voyage, with a Coxswain 1st class and a Coxswain 2nd class;
(v) A passenger vessel engaged on an inner islands voyage, with a Coxswain 2nd class and a Coxswain 3rd class;
(vi) A vessel, other than a passenger vessel, engaged on an inner islands voyage -
(a) of 35 feet in length and upwards, with a Coxswain 2nd class;
(b) of under 35 feet in length with a Coxswain 3rd class;
(vii) A passenger vessel engaged on a coastal voyage -
(a) of 35 feet in length and upwards with a Coxswain 2nd class;
(b) of under 35 feet in length with a Coxswain 3rd class;
(viii) A vessel, other than a passenger vessel, engaged on a coastal voyage, with a Coxswain 3rd class.
(b) Engineer Officers
(i) A vessel with main engines of over 500 B.H.P. with an engineer holding a certificate of competency as Second Class Engineer motor, or steam and motor, issued by the competent authority of a specified country, and an Engineer 300 B.H.P.;
(ii) A vessel with main engines of over 300 B.H.P. and not more than 500 B.H.P., with an Engineer 500 B.H.P. and a Mechanic 1st class;
(iii) A vessel with main engines up to and including 300 B.H.P. engaged on a foreign going voyage with an Engineer 300 B.H.P. and a Mechanic 2nd class;
(iv) A vessel with main engines of over 50 B.H.P. and not more than 300 B.H.P. engaged on an outer islands or inner islands voyage, with a Mechanic 1st class;
(v) A vessel with main engines of not more than 50 B.H.P. engaged on an outer islands or inner islands voyage, with a Mechanic 2nd class;
(vi) A vessel engaged on a coastal voyage, with a Mechanic 3rd class.
(c) Seamen
(1) Every vessel of less than 700 tons gross shall carry a minimum of seamen including the Master and officers, according to her class and size as follows -
Class of vessel Number of seamen
Coastal Vessels One seaman, plus one additional seaman for every
completed 20 feet in length.
Inner Island Vessels Up to and including 20 feet in length, two seamen,
and there- after one additional seaman for every additional completed 15 feet in length;
Outer Island Vessels Three seamen, plus one additional seaman for every
completed 20 feet in length;
Foreign Going Vessels Four seamen, plus one additional seaman for every
completed 20 feet in length;
Of the additional seamen required by this Schedule at least half shall have served at sea for a minimum of 12 months.
(2) Every vessel of 700 tons gross or upwards shall carry the minimum number of crew as required by the International Convention for Safety of Life at Sea, 1974.
____________________
SCHEDULE 8
(Section 19)
Republic of Vanuatu
Shipping Act, Cap. 53
Application for Survey of Vessel
Name of vessel ....................................................................................................................
Date and place built ............................................................................................................
Official no. or local registration no. ....................................................................................
Material of construction .....................................................................................................
Length ................................. Breadth ............................... Depth ................................ (a)
Gross tonnage ........................................ (b)
Number, type and make of engine .......................................................................................
Age of engine .....................................................................................................................
Class of vessel ........................................ (c)
Date of expiry of present certificate (if any) .........................................................................
Port at which survey is requested .........................................................................................
Date and place of last underwater examination ....................................................................
I hereby apply for survey of the above vessel in accordance with Section 19 of the Shipping Act, Cap. 53, and enclose remittance covering fee of VT ....................... specified in Schedule 9 to this Act.
Signature of master or owner ...............................................................................................
Date of application ..............................................................................................................
Address for reply ................................................................................................................
......................................................................................................................................
Notes -
(a) "Length" means the length in feet from the forepart of the stem to the afterpart of the stern post, or if a vessel without a stern post, the forepart of the rudder stock;
"Breadth" means extreme breadth in feet not counting rubbers;
"Depth" means the height in feet of the midship section of the tope of the deckbeam in the middle line above the top of the keel.
(b) Where the gross tonnage is not accurately known it will be determined by the formula -
Length x Breadth x Depth x 0.75
100
(c) Viz: Coastal, Inner Islands, Outer Islands or Foreign Vessel.
______________________-
SCHEDULE 9
(Section 19)
Survey Fees
The fee for survey for a safety certificate of a vessel of the gross tonnage specified in column (1) of the following table shall
be as specified opposite such vessel in column (2) of the table, and where for the convenience of the owner, the licensing officer
attends in order to furnish satisfactory evidence as to condition as required by section 25 of this Act or for running surveys of
machinery, or where it is necessary for the licensing officer to make additional visits to a vessel in order to ascertain whether
defects or deficiencies noted at the time of the main survey have been rectified, the fee shown in column (3) of the table opposite
such vessel shall be payable.
________________________________________________________________________
(1) (2) (3)
Gross tonnage of vessel For the Survey For every additional
visit
________________________________________________________________________
Less than 10 tons VT3,500 VT500
10 and over but less than 25 VT6,500 VT1,000
25 and over but less than 50 VT10,000 VTI,500
50 and over but less than 100 VT13,500 VT2,000
100 and over but less than 150 VT20,000 VT3,000
150 and over but less than 300 VT26,000 VT4,000
300 and over but less than 500 VT33,000 VT5,000
500 and over VT40,000 VT6,000
________________________________________________________________________
(2) Where the gross tonnage of a vessel is not accurately known it shall be determined by the formula -
Length x Breadth x Depth in feet x 0.75
________________________________
100
------------------------------------------
SCHEDULE 10
(Section 20)
Republic of Vanuatu
Shipping Act, Cap. 53
Certificate of Survey
1. General Particulars
Name of vessel .........................................................................................................
Class ........................................................................................................................
Port of registry..........................................................................................................
Official no. or local registration no............................................................................
Propulsion ................................................................................................................
When and where built ..............................................................................................
Owners name and address ........................................................................................
....................................................................................
2. General Description
Registered length ...................................................................................................
Overall length ..........................................................................................................
Registered breadth ...................................................................................................
Loaded draft .............................................................................................................
Minimum freeboard .................................................................................................
Type of stem ............................................................................................................
Type of stem ............................................................................................................
Number and description of deck houses and superstructure .....................................
..................................................................................................................................
Construction ............................................................................................................
Rig ...........................................................................................................................
Number of W/T bulkheads ........................................................................................
3. Particulars of Propelling Machinery
Number of main engines ..........................................................................................
Make .................................... Type ..................................... B.H.P .......................
I/We, the undersigned, certify that the vessel described above was surveyed by me/us in accordance with the provisions of the Shipping Act, Cap. 53 and that the condition of the hull, machinery, structures, fittings and equipment was as shown in the attached report.
The survey was carried out at ............................................................................................
on (date) .......................................................
........................................... Licensing officer
Signed ......................... this ......................... day of ................................... 19..........
______________________
SCHEDULE 11
(Section 25)
(Face)
Republic of Vanuatu
Shipping Act, Cap. 53
Safety Certificate
| Name of Ship | Class | No. & Port of Registry or Local Registration No. | Name and Address of owner | Make, Type & B.H.P of Main Engine | Registered | Gross Tonnage | Minimum Permitted Freeboard | Capacity in Gallons | |||
| Lgth | Brdth | Dpth | |||||||||
| F.W | Fuel | ||||||||||
| | | | | | | | | | | | |
| MINIMUM MANNING SCALE: | Coastal | Inner Is. | Outer Is. | F.G. |
| Masters/Mates/Coxswains | | | | |
| Engineers/Mechanics | | | | |
| Additional Seamen | | | | |
| MAS. NO. OF PASSENGERS PERMITTED Saloon | | | | |
| Deck berthed | | | | |
| Deck unberthed | | | | |
| MAX. NO. OF PERSONS (Incl. Crew) PERMITTED TO BE CARRIED | | | | |
Validity -
The validity of this Certificate is dependent upon -
Anchors: No: Type: Weight:
No: Type: Weight:
No: Type: Weight:
Cables: No: Size: Length:
Lines: No Size: Length:
(b) Lights and Signalling Equipment -
Masthead P & S side Stern
Anchorlight NUC lights Balls & Shapes
Whistle/Siren Foghorn Bell
Signal torch Daylight lamp Semaphore flag
Code flags Int. Code Book Vol. 1
Radio type Power
Batteries capacity Charger type Capacity
(c) Navigational Equipment -
Compasses Means of taking
Bearings
Charts Parallel Rules Instruments
Sextant Chronometer
N. Almanac N. Tables
(d) Firefighting Appliances -
Fire buckets with lanyard
Extinguishers fluid Froth Other
Pumps Type
Hoses Nozzles Spray Nozzles
Sand receptacle Smothering system
Fireman's outfit Axes
(e) Lifesaving Appliances -
Lifejackets for Persons, Lifebuoys total:
Lifeboats for Persons, (with lines: )
Infl. Liferafts for Persons, (lights: )
Approved boats for Persons, parach, signals:
Approved rafts for Persons, Handflares:
Buoyant apparatus for Persons, Smoke floats:
Other boats for Persons, Portable radio:
(f) Pumping Equipment etc.'
Bailers Buckets
Hand Pumps Power pumps
(g) Cargo Gear S.W.L
(h) Other Equipment
CERTIFICATE
(Reverse)
I, the undersigned, certify -
at ..................................... (place)
Issued on .............................. (date), at ................................ (place).
Signature of Principal Licensing Officer: ......................................................
Note -
This Certificate shall be issued in triplicate -
Original to be retained by the Owner.
Duplicate to be posted in the wheelhouse or other accessible place on board the vessel.
Triplicate to be retained by the Licensing Officer.
_______________________
SCHEDULE 12
(Section 28(l))
Republic of Vanuatu Shipping
Act, Cap. 53
Order of Detention
I, ................................................................................... (name of licensing officer) having received a complaint from ............................................................... (name of complainant) having reason to believe that ..................................................................... (name of vessel) lying at .......................................................................................... (place) is by reason of ............................................................................................................................................ ............................................................................................................................................ ............................................................................................................................................ unfit to proceed to sea without danger to human life and having undertaken a survey of ............................................................................................... (name of vessel) and being satisfied that ....................................................... (name of vessel) is unfit to so proceed do hereby order that ............................................................ (name of vessel) be detained until the following conditions have been complied with .............................................................. ............................................................................................................................................ ............................................................................................................................................
Dated the ...................... day of .................. Signed ....................................
_______________________
SCHEDULE 13
(Section 33(2))
Freeboard
| Minimum Freeboard |
| Length of vessel in feet Open or partially decked vessels Fully decked vessels |
| Under 20 ft. 11 inches 8 inches 20 ft. and under 30 12 ½ inches 9 ½ inches 30 ft. and under 40 14 inches 11 inches 40 ft. and under 50 16 ¾ inches 12 ½ inches 50 ft. and under 60 19 ½ inches 14 inches 60 ft. and under 70 22 ¾ inches 15 ½ inches 70 ft. and under 80 25 inches 17 inches 80 ft. and under 90 27 ¾ inches 18 ½ inches Over 90 ft. 30 ½ inches 20 inches |
---------------------------------------------
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/vu/legis/consol_act1988/sa111