首页 > 法律法规 > 正文>
斐济船舶注册法
Ship Registration Decree
【发布部门】斐济国会 【发文字号】
【发布日期】2015年11月20日 【实施日期】2013年07月05日
【时效性】现行有效 【效力级别】法律
【法规类别】斐济法规规划 【来源】联合国粮农组织网站

斐济船舶注册法

【法律沿革】

本法由斐济总统签署,于2013年7月5日生效,之后经2014年和2015年修改。

【内容介绍】

本法对在斐济的船舶注册及相关事务进行了规范。总共分8部分,计94条。包括船舶注册、程序及相关事务、船舶的转让、转移和抵押、国籍和国家颜色、行政管理、执法、程序和授权等。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC137134


《船舶注册法》(Ship Registration Decree)

SHIP REGISTRATION DECREE 2013

(DECREE NO. 19 OF 2013)

PART 1—PRELIMINARY

Short title andcommencement

1.—(1) This Decree may be cited as the ShipRegistration Decree 2013, and shall come into force on a date or dates appointedby the Minister by notice in the Gazette.

(2) The Minister may appoint different dates forthe coming into force of different sections or parts of this Decree.

Interpretation

2. In this Decree, unless the context otherwiserequires—

“barge” means any barge, lighter, or other likevessel that does not have any means of self-propulsion;

“beneficial interests” includes interests arisingunder contract and other equitable interests;

“certificate of clearance” means a certificate ofclearance issued under the Customs Act 1986;

“certificate of registration” means a certificateof registration granted for ships under Part B of the Register under section 26(2);

“certificate of registry” means a certificate ofregistry granted for ships under Part A of the Register under section 26 (1);

“Chief Executive Officer” means the personappointed as the Chief Executive Officer under section 31 of the MaritimeSafety Authority of Fiji Decree 2009;

“coastal waters” means—

(a) allwaters within the exclusive economic zone of Fiji;

(b) thearchipelagic waters;

(c) theterritorial sea of Fiji; and

(d) theinternal waters of Fiji; 2390

“court” means the High Court of Fiji;

“customs officer” has the meaning given to“officer” under section 2 of the Customs Act 1986;

“demise charter”, in relation to a ship, means thedemise, hire, letting, or delivery of the ship to the charterer, by virtue ofwhich the charterer has possession and control of the ship, including the rightto appoint its master and crew;

“Deputy Registrar” means a Deputy Registrarappointed under section 70;

“enemy” means any country, armed force, authorityor government controlling any such force with which Fiji, or any force actingin co-operation with any part of the Republic of Fiji Military Forces, is atwar or is engaged in armed combat operations, and includes—

(a) anymember of any such armed force or any member of that authority or government;

(b) anyperson materially assisting that country, force, authority or government in itswar effort or armed combat operations;

(c) any allyof that country, force, authority or government;

(d) allpirates;

(e) allarmed persons who are engaged in any mutiny, rebellion, or riot against Fiji oragainst any service of the Republic of Fiji Military Forces or against any allyof Fiji;

“Fiji flag” means the flag of the Republic of Fijithat is presently in use as was officially adopted on 10 October 1970;

“Fiji Government ship” means a ship that belongs tothe Government of Fiji but does not include a ship that is set aside for orused by the Republic of Fiji Military Forces;

“Fiji national” means a—

(a) Fijicitizen; or

(b) bodycorporate established by or under the laws of Fiji;

“Fiji national colours” means the dark blue ensignfor Fiji government ships and red ensign for merchant ships, with both havingthe Union Flag in the canton and the shield of Fiji in the fly;

“Fiji-owned ship” means a ship as defined undersection 12 (1);

“Fiji ship” means a ship that is registered underthis Decree;

“Fiji waters” means—

(a) theterritorial sea of Fiji;

(b) thearchipelagic waters of Fiji;

(c) theinternal waters of Fiji; and

(d) allrivers and other inland waters of Fiji;

“foreign country” means a country other than Fiji;

“foreign port” means a port outside Fiji;

“gross tonnage”, in relation to a ship, means thegross tonnage of that ship determined or recognised in accordance with theprovisions of this Decree or any maritime regulations; or where a ship has beenassigned alternative gross tonnages, the higher of those gross tonnages;

“illegal fishing” means any fishing activity—

(a) conductedby national or foreign ships in waters under the jurisdiction of a State,without the permission of that State, or in contravention of its laws andregulations;

(b) conductedby ships flying the flag of States that are parties to a relevant regionalfisheries management organisation but operate in contravention of theconservation and management measures adopted by that organisation and by whichthe States are bound, or relevant provisions of the applicable internationallaw; or

(c) inviolation of national laws or international obligations, including thoseundertaken by cooperating States to a relevant regional fisheries managementorganisation;

“Minister” means the Minister for Transport;

“National Flag” means—

(a) inrespect of a Republic of Fiji Military Forces ship, the flag illustrated inPart 1 of the Schedule;

(b) inrespect of a Government ship, the flag illustrated in Part 2 of the Schedule;

(c) inrespect of any other Fiji ship, the flag illustrated in Part 3 of the Schedule;and

(d) inrelation to section 65, all or any of the flags referred to in paragraphs (a),(b) or (c);

“net tonnage”, in relation to any ship, means—

(a) the nettonnage of that ship determined or recognised in accordance with the provisionsof this Decree; or

(b) where aship has been assigned alternative net tonnages, the higher of those nettonnages;

“office copy” in relation to any document, means acopy of the document that appears to have been certified by the person who madeor issued the documents or by a person who appears to have power to make orissue the document;

“overall length”, in relation to a ship, means thelength of the ship measured from the foreside of the head of the stern to theaftermost part of the transom or stern of the ship;

“owner” means—

(a) inrelation to a ship registered under this Decree or under the laws of a foreigncountry, the registered owner;

(b) inrelation to any other ship, the person or persons having the right to managethe ship;

(c) in thecase of more than one owner of a ship, each of those owners;

“pleasure craft” means a ship that is usedexclusively for the owner’s pleasure or as the owner’s residence, and is notoffered or used for hire or reward;

“port of registry”, in relation to a ship, meansthe port that is for the time being entered in the Register as the port ofregistry of that ship;

“prescribed form” means a form prescribed by theChief Executive Officer under section 89;

“proper officer”, in relation to a port in aforeign country, means the person who is—

(a) recognisedby the government of Fiji as a consular officer of that country;

(b) by thelaws of that country authorised or required to do or perform the act or duty towhich reference is made in the provisions of this Decree in which theexpression occurs;

(c) by thelaws of that country, authorised or required to do or perform, in relation toany ship registered in or belonging to that country, any act or duty of thesame nature as the act or duty to which reference is made in the provisions ofthis Decree in which the expression occurs; or

(d) appointedor recognised under section 90 as a proper officer for the purposes of thisDecree;

“provisional certificate” means a provisionalcertificate granted under section 31;

“qualifying route” means a route designated to be aqualifying route by the Minister in accordance with section 37;

“qualifying shipping service” means a servicedesignated to be a qualifying service by the Minister in accordance withsection 37;

“Register” means the Fiji Register of Shipsestablished under section 11;

“register length”, in relation to any ship, meansthe length of the ship measured from the foreside of the head of the stern tothe aft side of the head of the stern post, or in the case of a ship not havinga stern post, to the foreside of the rudder stock, provided that in the case ofa ship not having a stern post or rudder stock, the after terminal point shallbe taken to be the aftermost part of the transom or stern of the ship;

“registered” means registered under this Decree;

“Registrar” means the Registrar of Ships appointedunder section 69;

“replacement certificate of registration” means areplacement certificate of registration granted under section 29;

“replacement certificate of registry” means areplacement certificate of registry granted under section 29;

“ship” means every description of boat or craftused in navigation, whether or not it has any means of propulsion and includesa—

(a) barge,lighter, or other like vessel;

(b) hovercraftor other thing deriving full or partial support in the atmosphere from thereaction of air against the surface of the water over which it operates;

(c) submarineor other submersible;

“ship’s agent” means an agent appointed undersection 15;

“shipping service” includes the—

(a) transportby water of goods, for fee or reward or for sale, resale or exchange;

(b) transportby water of passengers for fee or reward; and

(c) conductof commercial marine operations including salvaging, towing, barging, dredging,drilling, surveying, constructing, lifting and exploring for, or exploiting,the resources of the seabed;

“surveyor” means persons from the Authority ororganisations that offer the services of surveying or inspecting ships and whoare recognised as such by the Chief Executive Officer in accordance with theprovisions of the Maritime Transport Decree 2013;

“tonnage regulations” means any Regulations inforce under the Maritime Transport Decree 2013 in relation to tonnage;

“unregulated fishing” means any fishing activity—

(a) in thearea of application of a relevant regional fisheries management organisationthat are conducted by ships without nationality, or by those flying the flag ofa State not party to that organisation, or by a fishing entity, in a mannerthat is not consistent with or contravenes the conservation and managementmeasures of that organisation; or

(b) in areasor for fish stocks in relation to which there are no applicable conservation ormanagement measures and where such fishing activities are conducted in a mannerinconsistent with State responsibilities for the conservation of living marineresources under international law;

“unreported fishing” means any fishing activity—

(a) whichhave not been reported, or have been misreported, to the relevant nationalauthority, in contravention of national laws and regulations; or

(b) undertakenin the area of competence of a relevant regional fisheries managementorganisation which have not been reported or have been misreported, incontravention of the reporting procedures of that organisation.

Application ofthis Decree

3.—(1) This Decree shall bind the State.

(2) Notwithstanding subsection (1), this Decreeshall not apply to any ship which is owned, operated or in any way used by theRepublic of Fiji Military Forces or any other State.

 

PART 2—REGISTRATION OF SHIPS

Ships to beregistered

4.—(1) Subject to subsection (2), a person who ownsa ship shall not operate his or her ship unless it is registered as provided bythis Part.

(2) A ship shall not be registered or remain on theRegister under this Decree unless it is—

(a) aFiji-owned ship; and

(b) notregistered in any other country; or

(c) exemptedby the Chief Executive Officer.

(3) Notwithstanding subsection (2), a ship that isnot a Fiji-owned ship, may be registered if it is a ship that—

(a) calls atports or places in Fiji; or

(b) isnormally engaged on a qualifying route; and

(c) theoperations of which are managed by the appointed ship’s agent on behalf of itsowners, from a place of business in Fiji.

Application forregistration

5.—(1) An application for registration shall bemade in the prescribed form to the Registrar.

(2) An application in subsection (1) shall include—

(a) aStatutory Declaration in accordance with section 6;

(b) aBuilder’s Certificate in accordance with section 7;

(c) aTonnage Certificate issued under section 8;

(d) anydocuments, including bills of sale relating to changes in ownership of the shipthat have occurred since it was last registered in Fiji or in any othercountry, or if it has not been registered in any country, any alterations tothe ship which have occurred since it was built;

(e) a copyof any demise charter party in respect of the ship; and

(f) anyother such particulars, documents, and information as may be required underthis Decree or any Regulations made under this Decree.

(3) An application for registration of a ship shallbe attested in accordance with the following provisions—

(a) wherethe majority interest in the ship is owned by an individual, the applicationshall be signed by that person;

(b) wherethe majority interest in the ship is owned by a body corporate, the common sealof the body corporate shall be affixed to the application in the presence of anofficer of the body corporate authorised for the purpose;

(c) wherethe application is made in respect of a ship on demise charter, attestationshall be effected as if it were a Fiji-owned ship; or

(d) wherethe majority interest in the ship is owned by 2 or more individuals or bodycorporate, at least 2 of those persons or bodies shall attest the applicationin accordance with paragraph (a) or (b), as the case may require.

(4) Any person who makes any statement or providesany information in an application for registration of a ship knowing that thestatement or the information is false, commits an offence and shall be liableupon conviction to a fine not exceeding $2,000.

StatutoryDeclaration

6.—(1) For the purposes of an application forregistration of a ship in Part A of the Register, the Statutory Declarationshall contain—

(a) thedeclarant’s full name, address and nationality;

(b) thegrounds on which that nationality is claimed;

(c) theextent of the declarant’s interest in the ship;

(d) astatement identifying the owner or owners of the ship;

(e) in thecase of a ship not on demise charter, a statement that, to the best of theknowledge of the person making the statement, the ship is and will remain aFiji ship.

(2) In the case of a ship on demise charter, thedeclaration shall also state whether a Fiji national is or Fiji nationals arein a position to exercise the rights and powers of the charterer.

(3) For the purposes of subsection (1) (a),a body corporate shall state its address according to the following—

(a) if thecorporation has a registered office in Fiji, the address of that office;

(b) if thecorporation is not incorporated in Fiji but has a principal place of businessin Fiji, the address of that principal place of business; or

(c) if thecorporation has neither a registered office nor a principal place of businessin Fiji, the address of its principal place of business outside Fiji.2394

Builder’sCertificate

7.—(1) Every ship owner must obtain a Builder’sCertificate.

(2) Any person in Fiji who constructs a ship or anypart of such a ship that is required to be registered in the Register, shallwithin 21 days after the date on which the construction of the ship has beencompleted, deliver a certificate specifying the particulars in subsection (3)to the person for whom it has been constructed or any agent of that person.

(3) A Builder’s Certificate must include thefollowing information—

(a) the nameof the ship or the name or description by which it was known by the builder;

(b) the nameand address of the builder;

(c) the yearin which that builder’s work on the ship was completed;

(d) the nameand address of the person for whom the ship was built;

(e) the placeor places at which the ship was built;

(f) the typeof ship, its overall length, breadth and depth, the principal material used inthe construction of the hull, and the type of engine fitted; and

(g) suchother information which the Registrar may require.

(4) Where an applicant is for any reason unable toprovide a Builder’s Certificate, it shall be sufficient compliance if theapplicant provides to the Registrar’s satisfaction, the requested informationin the form of a Statutory Declaration and those documents that are available.

(5) Any person who constructs in Fiji a ship or anypart of such a ship that is required to be registered under this Decree, and—

(a) fails tocomply with the requirements of subsection (3); or

(b) makesany false statement in a certificate required under subsection (3), knowingthat the statement is false,

commits an offence and shall be liable uponconviction to a fine not exceeding $2,000.

Application forTonnage Certificate

8.—(1) A person who intends to register his or hership shall apply for a Tonnage Certificate from the Chief Executive Officer.

(2) An application for a Tonnage Certificate mustbe made in the prescribed form.

Chief ExecutiveOfficer to issue Tonnage Certificate

9.—(1) The Chief Executive Officer shall, uponreceiving an application under section 8, and subject to subsection (2), issuea Tonnage Certificate.

(2) The Chief Executive Officer shall, beforeissuing a Tonnage Certificate, survey the ship.

(3) The Tonnage Certificate shall include thefollowing details—

(a) in thecase of a ship that is 15 metres and less in registrable length, the ship’sregister length and descriptive particulars; or

(b) in anyother case, the ship’s gross and net tonnages in accordance with the tonnageregulations and particulars prescribed under the Regulations.

(4) The Registrar may accept a Tonnage Certificateissued in accordance with the laws of a foreign country, if the TonnageCertificate has been signed by a surveyor of ships employed by—

(a) theGovernment of that country;

(b) anorganisation recognised for such purposes under the laws of that country; or

(c) anorganisation approved for the purposes of this section by the Chief ExecutiveOfficer.

(5) Where the particulars required under subsection(3) (a), to be specified in a Tonnage Certificate have not changed sincethe ship was previously registered, the Registrar may accept in the place ofthe Tonnage Certificate, a Statutory Declaration to that effect made by theowner or any owner of a share in the ship, where the owner is unable to providesuch certificate.

(6) The survey to be undertaken by the ChiefExecutive Officer under this section shall be in the manner prescribed byRegulations, pursuant to the provisions of the Maritime Transport Decree 2013.

Registrar toregister ships

10. The Registrar may, subject to section 19, uponreceipt of an application for registration made under section 5, and havingsatisfied himself or herself that the application complies with the requirementsof this Decree, register the ship.

Fiji Registerof Ships

11.—(1) This section establishes a Register to beknown as the Fiji Register of Ships.

(2) The Registrar shall divide the Register intotwo parts to be known as Part A and Part B.

(3) All Fiji-owned ships more than 15 meters inregister length shall be registered in Part A of the Register, including thefollowing—

(a) pleasurecrafts;

(b) shipsengaged solely in inland waters of Fiji; and

(c) bargesthat do not proceed on voyages beyond coastal waters.

(4) All Fiji-owned ships 15 meters and less inregister length shall be registered in Part B of the Register including thosethat proceed on overseas voyage.

(5) Subject to section 4, ships on demise charterto Fiji-based operators shall be registered in Part A of the Register.

(6) The Register must be kept available forinvestigation by any person during ordinary office hours at such place orplaces as the Minister may from time to time appoint by notice in the Gazette.

(7) On payment of the prescribed fee, if any, anyperson may—

(a) inspectthe Register or any official copy of the Register at any reasonable time duringthe hours when the office in which the Register or copy is held is open forbusiness; and

(b) at anysuch time, inspect any document lodged in association with any entry in theRegister.

(8) For the purposes of this Decree, the Ministermay from time to time, by notice in the Gazette, designate any port as aport of registry.

Fiji-ownedships

12.—(1) For the purposes of registration in Part Aor Part B of the Register, a ship is deemed to be Fiji-owned if—

(a) it isowned by a Fiji national or Fiji nationals;

(b) it isowned by 3 or more persons as joint owners, otherwise than as described inparagraph (c), and the majority of those persons are Fiji nationals; or

(c) it isowned by 2 or more persons as owners in common, and more than half of theshares in the ship are owned by 1 or more Fiji nationals.

(2) For the purposes of subsection (1) (c) where2 or more persons are joint owners of any number of shares in the ship, thefollowing provisions shall apply—

(a) in thecase of 2 or more particular shares that are owned by the same persons, theinterest of each owner in those shares shall be ascertained by dividing thenumber of shares by the number of owners of the shares;

(b) in thecase of a share to which paragraph (a) does not apply, the interest ofeach owner in the share shall be ascertained by dividing the number 1 by thenumber of owners of the share;

(c) a personshall not be entitled to be registered as owner of a fractional part of a sharein a ship; and

(d) not morethan 5 persons may be registered as joint owners of a share or shares in aship.

(3) Joint owners shall—

(a) beconsidered as constituting one person only for the purposes of registration;and

(b) not beentitled to dispose severally of an interest in a ship in respect of which theyare jointly registered.2396

Ships on demisecharter to Fiji-based operators

13. A reference in this Decree to a ship on demisecharter to a Fiji-based operator shall be read as a reference to a ship ondemise charter to a—

(a) Fijinational or Fiji nationals ordinarily resident or carrying on business in Fiji,and no other person;

(b) Fijinational or Fiji nationals ordinarily resident in Fiji together with any otherperson or persons, where the Fiji national is or Fiji nationals are in aposition to control the exercise of the rights and powers of the charterersunder the charter party.

Fiji-ownedships under demise charter to foreign residents

14. Where a Fiji-owned ship is operated by aforeign resident under a demise charter and the ship is required to beregistered under this Decree, the Chief Executive Officer may, by writtennotice to the owner exempt the ship during the term of the charter from the requirementto be registered where the Chief Executive Officer is satisfied that the shipis—

(a) registeredunder the laws of a foreign country; and

(b) entitledto fly the flag of that country.

Ship’s agent

15.—(1) The owner of every ship required under section11 to be registered in Part A of the Register shall appoint a ship’s agent inrelation to the ship if the owner does not—

(a) residein Fiji; or

(b) have aregistered office in Fiji.

(2) Where a ship’s agent is required by subsection(1) to be appointed in relation to a ship, the owner of the ship shall—

(a) beforeapplying for the ship to be registered, appoint a qualified person satisfyingthe requirements of this section to be the ship’s agent in relation to theship; and

(b) ensurethat, as long as the ship remains registered, a qualified person satisfyingthose requirements is so appointed.

(3) Any person who fails to comply with subsection(2) commits an offence and shall be liable upon conviction to a fine notexceeding $2,000.

(4) A qualified person shall—

(a) be acitizen of Fiji; or

(b) be acorporation established by or under the laws of Fiji whose principal place ofbusiness is in Fiji; and

(c) complywith such other requirements as may be prescribed by Regulations made underthis Decree.

(5) The owner shall—

(a) onapplying for the ship to be registered, notify the Registrar in the prescribedform of the name and address of the ship’s agent; and

(b) notifythe Registrar in the prescribed form of any change in the identity or in theaddress of the ship’s agent within 14 days after the change occurs.

(6) Any person who fails to comply with subsection(5) commits an offence and shall be liable to a fine not exceeding $2,000 andto a further fine of $50 for each day that the offence continues.

(7) Where this Decree requires the owner to lodgewith or provide to the Registrar any document or other information, it shall besufficient compliance with that requirement if the ship’s agent appointed bythe owner lodges with or provides to the Registrar the document or otherinformation.

(8) Any document required or authorised by or underany written law to be served on the owner of a registered ship for any purposerelating to proceedings for any offence shall be deemed to have been dulyserved if it is—

(a) deliveredto the ship’s agent for the time being appointed in relation to the ship; or

(b) sent tothe agent by post at the address notified or last notified to the Registrarunder subsection (5).

Entry ofparticulars in Part A of the Register

16.—(1) The Registrar shall register a shiprequired to be registered in Part A of the Register by entering in that Partthe following particulars—

(a) the nameof the ship and its official number;

(b) the portof registry;

(c) any internationalcall sign assigned in respect of the ship;

(d) thedetails comprised in the certificate issued or accepted under section 9 inrespect of the ship;

(e) thefollowing details from the declarations of ownership and nationality providedin respect of the ship—

(i) the name, address, and nationality of eachowner of a share in the ship; and

(ii) the extent of each declarant’s interest in theship;

(f) the nameand address of any representative person appointed in respect of the ship;

(g) the dateof the entry in the Register, including the Registrar’s designation andsignature.

(2) For the purpose of this section, a ship’sofficial number—

(a) in thecase of a ship previously registered in Part A of the Register, shall be theofficial number assigned to the ship when last registered in Part A; or

(b) in anyother case, shall be the number assigned by the Registrar.

(3) When the registration of a ship has beencompleted under this section, the Registrar shall retain the followingdocuments—

(a) originalof the application for registration;

(b) originalof any document in relation to the ship’s tonnage;

(c) copy ofany Builder’s Certificate in relation to the construction of the ship;

(d) originalof all declarations of ownership and nationality;

(e) originalof any documents in relation to the change in ownership of the ship;

(f) originalof any appointment of a ship’s agent;

(g) a copyof any demise charter party; and

(h) anyother document accepted by the Registrar under this Decree for the purposes ofregistration.

(4) Subject to subsection (5), the registration ofa ship in Part A of the Register shall have effect unless the Registry inrelation to that ship is closed.

(5) Subject to subsection (6), the registration ofany ship in Part A of the Register shall have no effect unless the ship iseither required or entitled under this Decree to be registered in that Part.

(6) Nothing in this section shall prejudice anyrights of a mortgagee that exists apart from this section.

Entry ofparticulars in Part B of the Register

17.—(1) The Registrar shall register a shiprequiring to be registered in Part B of the Register by entering in that Partthe following particulars—

(a) theregistration number of the ship;

(b) the nameof the ship;

(c) adescription of the ship;

(d) theship’s overall length;

(e) the fullname and address of each owner of a share in the ship;

(f) the dateof registration; and

(g) the dateon which the registration expires.

(2) For the purpose of this section, a ship’sregistration number—

(a) in thecase of the renewal of registration or the re-registration of a ship within 6months of the expiration of its previous registration, shall be theregistration number assigned to the ship when last registered in Part B of theRegister; or

(b) in anyother case, shall be the number assigned by the Registrar.2398

(3) When the registration of a ship has beencompleted under this section, the Registrar shall retain the followingdocuments—

(a) theapplication for registration; and

(b) anydocument or other evidence obtained by the Registrar in relation to theapplication.

(4) Subject to subsection (5), the registration ofa ship in Part B of the Register—

(a) shallhave effect for a period of 5 years commencing on the date of registrationunless sooner terminated by paragraph (c);

(b) may fromtime to time be renewed by the Registrar if—

(i) an application is made in accordance withsection 5 within the 6 months period ending with the expiration of the ship’scurrent period of registration;

(ii) the ship is still required or entitled to beregistered in Part B of the Register; and

(iii) any change in the particulars of the ship’sregistration has been notified to the Registrar in accordance with this Decree;

(c) shall bedeemed to be terminated—

(i) by any alteration to the ship or in itsownership that materially affects the particulars entered on the ship’scertificate of registration; or

(ii) if the ship is no longer required or entitledto be registered in Part B of the Register.

(5) For the purposes of subsection (1) (e),where the owner of a ship is a body corporate, it must provide its address asfollows—

(a) if thecorporation has a registered office in Fiji, it must state the address of theregistered office;

(b) if thecorporation is not incorporated in Fiji but has a principal place of businessin Fiji, it must state the address of its principal place of business; or

(c) if thecorporation has neither a registered office nor a principal place of businessin Fiji, it must state the address of its principal place of business outsideFiji.

Application forchange in name and other particulars under Part A

18.—(1) An application for a change in the name ofa registered ship or of the port of registry of a ship registered in Part A ofthe Register shall be made in the prescribed form.

(2) The Registrar shall refuse any proposed changeof name if—

(a) it is aname that could be refused under section 19; and

(b) directedby the Minister under section 21.

(3) Where the Registrar allows a change of name ofa registered ship or there is a change in the port of registry of a ship, the—

(a) Registrarshall cause the change to be entered in the Register and endorsed on the ship’scertificate of registry; and

(b) owner ofthe ship shall alter the ship’s markings so that it is marked with its new nameor port of registry, as if it were being marked for registration under thisDecree.

(4) Any person who fails to comply with subsection(3) (b) commits an offence and shall be liable upon conviction to a finenot exceeding $2,000.

(5) Any person who describes a registered ship byany name other than the name by which the ship is for the time being registeredand if the name is likely to mislead or deceive any person who has officialbusiness in relation to the ship under the provisions of this Decree or anyother written law, commits an offence and shall be liable to a fine notexceeding $2,000.

(6) Nothing in subsection (1) applies to the nameunder which any ship is deemed by section 93 (2) (b) to be registered.

Names not to beregistered

19.—(1) The Registrar shall not register any shipif the name proposed to be registered in respect of a ship—

(a) is aname already registered in respect of any other ship in that Part of theRegister;

(b) islikely to be confused with a name described in paragraph (a);

(c) islikely to be offensive to members of the public;

(d) containsany prefix that the Registrar considers to be unnecessary or undesirable;

(e) is thename “Fiji” without a prefix or suffix, unless the name is proposed to be usedby the State;

(f) falselysuggests connection with—

(i) the State, or Government of a foreign countryor of any legal subdivision of a foreign country;

(ii) the Republic of Fiji Military Forces or an armor part of the Republic of Fiji Military Forces;

(iii) the United Nations; or

(iv) the Commonwealth of Nations;

(g) is aname whose use is prohibited by or under any other written law;

(h) islikely to prejudice the international relations of Fiji.

Refusal toregister

20. If the Registrar refuses to register a ship forany reason, including a reason specified in section 19, the Registrar shallimmediately notify the applicant, in writing, of its decision, including thereason for the refusal.

Minister maygive directions

21.—(1) The Minister may, in his or her discretion,give directions to the Registrar to deregister a name from the Register if heor she has reasons to believe that a ship has been registered in contradictionto section 19.

(2) If the Registrar receives directions from theMinister under subsection (1), he or she shall immediately remove the name fromthe Register.

(3) The Registrar shall deregister a ship that isengaged in illegal, unreported or unregulated fishing.

Appeals fromdecisions under section 20

22.—(1) Any person aggrieved by the decision of theRegistrar under section 20 may appeal to the High Court within 21 days afterbeing notified of that decision, or within such further time as the court mayallow.

(2) On hearing the appeal, the court may, confirmthe decision or give such directions or make such other determinations as thecourt thinks fit.

 

PART 3—PROCEDURES AND RELATED MATTERS

Application forreservation of name

23.—(1) The Registrar may, upon receipt of anapplication in the prescribed form, reserve the name proposed to be registeredin respect of a ship.

(2) The Registrar shall advise the applicant bynotice in writing—

(a) of thereservation of the name; and

(b) that thename is available for registration for 12 months after the date stated in thenotice.

(3) The Registrar shall not reserve a name—

(a) if theRegistrar considers it undesirable; or

(b) if theuse of the name would contravene any written law that prohibits the use ofparticular words or names.

Ship to bemarked before registration

24.—(1) Except as provided in subsection (2), noship shall be registered in Part A of the Register until it has been markedpermanently and conspicuously in the prescribed manner.

(2) Any person who conceals, removes, alters,defaces or obliterates any marking that is on a registered ship in theprescribed manner commits an offence.

(3) Any owner or master of a ship who fails tomaintain any marking that is on a registered ship in the prescribed mannercommits an offence.

(4) Any person who commits an offence undersubsection (2) or subsection (3) shall be liable—

(a) in thecase of an individual, to a fine not exceeding $2,000; or

(b) in thecase of a body corporate, to a fine not exceeding $5,000.

(5) It shall be a defence to a charge in respect ofan offence under subsection (2) or subsection (3) that the act or omissioncharged for, was done or omitted to be done for the purpose of escaping captureby any enemy.

Registration ofproperty in ships

25.—(1) For the purposes of registering property ina ship, the following provisions shall apply—

(a) theproperty in the ship shall be divided into 64 shares;

(b) subjectto subsection (2), the number of shares registered as owners shall not at anytime exceed 64;

(c) anynumber of persons not exceeding 5 may be registered as joint owners of the shipor of any number of shares in the ship;

(d) no jointowner of the ship or of any number of shares in the ship is entitled to disposeof that interest severally;

(e) no personshall be registered as the owner of a fractional part of a share in the ship;and

(f) a bodycorporate shall be registered as the owner in its corporate name.

(2) Where a share in a ship is jointly owned orwhere 2 or more shares are jointly owned by the same persons, the joint ownersof the relevant share or shares shall, for the purposes of subsection (1) (b),be construed as 1 person.

(3) Nothing in subsection (1) affects thebeneficial interests of any person or of any body corporate represented by orclaiming under or through a registered owner, including a registered jointowner.

Grant ofcertificate of registry and certificate of registration

26.—(1) Upon registration of a ship in Part A ofthe Register, the Registrar shall grant a certificate of registry in respect ofthe ship.

(2) Upon registration of a ship in Part B of theRegister, the Registrar shall grant a certificate of registration in respect ofthe ship.

(3) Certificates of registry and certificates ofregistration shall be in the prescribed form.

Particulars ofmaster to be endorsed on certificate of registry of ship leaving Fiji

27.—(1) The owner of a ship registered in Part A ofthe Register shall not depart from a Fiji port to a foreign port unless thereis endorsed on the ship’s certificate of registry the—

(a) name andaddress of each person who is, for the time being, authorised to be the masterof the ship; and

(b) serialnumbers of the maritime document held in compliance with the Maritime TransportDecree 2013 and any Regulations made under that Decree, by each master inrelation to the competence of that master.

(2) An endorsement under subsection (1) shall bemade or cancelled, as the case may be, upon lodgement with the Registrar of—

(a) thecertificate of registry; and

(b) arequest in writing signed by the owner or the ship’s agent.

Custody ofcertificates

28.—(1) The certificate of registry or certificateof registration and a provisional certificate of registry or provisionalcertificate of registration shall—

(a) at alltimes, be carried with the ship unless otherwise provided under this Decree;

(b) not beused except for the lawful navigation of the ship; and

(c) not besubject to detention for any reason, including a claim by the owner, mortgagee,charterer, operator, or any other person to any title in, lien or charge on, orinterest in the ship.

(2) Every person having control or possession of acertificate of registry or certificate of registration or a provisionalcertificate of registry or provisional certificate of registration shalldeliver the certificate on demand to the—

(a) personentitled to have custody of it for the purposes of the navigation of the ship;or

(b) Registrar,a Deputy Registrar, a customs officer, a police officer, a proper officer orany other person authorised by law.

(3) Any person who—

(a) fails tocomply with subsection (2); or

(b) withintent to deceive, uses or lends to another person or allows to be used byanother person an invalid certificate of registry or certificate ofregistration or an invalid provisional certificate of registry or provisionalcertificate of registration,commits an offence and shall be liable to a finenot exceeding $5,000.

Replacementcertificates

29. Where a certificate of registry or certificateof registration or a provisional certificate of registry or provisionalcertificate of registration is misplaced, lost or destroyed, the Registrarshall, upon application made in writing by the owner or the master of the shipand accompanied by such documents and information as the Registrar may require,grant a new certificate in place of that certificate.

Grant ofreplacement certificate of registry or replacement certificate of registration

30.—(1) Where a certificate of registry orcertificate of registration in respect of a ship is misplaced or lost ordestroyed while the ship is at—

(a) aforeign port; or

(b) sea andsubsequently, but before arriving at a Fiji port, the ship arrives at a foreignport,

the Registrar and the proper officer at that portwho is authorised under subsection (6) to do so shall, upon receipt of anapplication made in the prescribed form and subject to this section, grant areplacement certificate of registry or replacement certificate of registration,in the prescribed form in respect of the ship.

(2) Subject to subsection (3), where a ship isrequired under this Decree to be registered in either Part A or Part B of theRegister while the ship is at—

(a) aforeign port; or

(b) sea andsubsequently, but before arriving at a Fiji port, the ship arrives at a foreignport,

the Registrar and the proper officer at that portwho is authorised under subsection (6) to do so may, upon receipt of anapplication made in the prescribed form and subject to this section, grant areplacement certificate of registry or replacement certificate of registration,as the case may require, in the prescribed form in respect of the ship.

(3) A replacement certificate of registry orreplacement certificate of registration shall be granted under subsection (2),only if at the time of granting the certificate, the Registrar or properofficer is satisfied that—

(a) anapplication for the registration of the ship has been lodged with the Registrarunder section 5; and

(b) nocertificate of registry or certificate of registration has been granted inrespect of that application.

(4) The owner or master of a ship shall produce tothe Registrar or proper officer such information as the Registrar or properofficer may reasonably require for the purposes of this section.

(5) A proper officer who grants a replacementcertificate of registry or replacement certificate of registration under thissection shall forward a copy of the certificate to the Registrar.

(6) For the purposes of subsections (1) and (2),the Registrar may authorise any proper officer to grant replacementcertificates of registry and replacement certificates of registration.

Provisionalcertificate of registry or provisional certificate of registration

31.—(1) Where the Registrar is satisfied that, byreason of special circumstances, permission should be granted for anunregistered ship to travel from a—

(a) Fijiport to a foreign port; or

(b) foreignport to another foreign port or to a Fiji port,

the Registrar may grant a provisional certificateof registry or provisional certificate of registration in respect of that ship.

(2) A provisional certificate of registry orprovisional certificate of registration shall be in the prescribed form andspecify—

(a) thevoyage that the ship is authorised to make;

(b) anyconditions subject to which the voyage is to be made; and

(c) theperiod for which or a date until which the pass is current.

(3) The owner of a ship in respect of which aprovisional certificate of registry or provisional certificate of registrationis granted shall, as soon as practicable after the provisional certificate ofregistry or provisional certificate of registration expires, lodge the expiredcertificate or cause it to be lodged with the Registrar.

(4) Any owner who, without reasonable excuse, failsto comply with subsection (4) commits an offence and shall be liable to a finenot exceeding $2,000.

Duration ofprovisional certificate of registry or provisional certificate of registration

32.—(1) A provisional certificate of registry andprovisional certificate of registration shall be valid until the—

(a) shiparrives at a Fiji port; or

(b) expirationof a period of 3 months commencing on the date on which the certificate wasgranted,

whichever occurs first.

(2) The owner of a ship in respect of which aprovisional certificate of registry or provisional certificate of registrationis granted shall, as soon as practicable, lodge the certificate or cause it tobe lodged with the Registrar.

(3) Any owner who, without reasonable excuse, failsto comply with subsection (2) commits an offence and shall be liable to a finenot exceeding $2,000.

(4) During the period of its validity, aprovisional certificate of registry shall have the same effect as a certificateof registry and a provisional certificate of registration shall have the sameeffect as a certificate of registration, and for the purposes of this Decree,the ship is deemed to be registered during that period.

Alterations toships

33.—(1) If a ship registered in Part A of theRegister is altered in respect of any of the following particulars, the ownershall immediately after the alternation, notify the Registrar of thealteration—

(a) grosstonnage;

(b) Nettonnage; or

(c) Registerlength.

(2) Upon receipt of the notification in subsection(1), the Registrar shall, subject to subsection (3), either enter thealteration on the ship’s certificate of registry or issue a new certificate ofregistry in respect of the ship of a—

(a) surveyor’sTonnage Certificate in respect of the alteration; and

(b) certificateby a surveyor of ships certifying that any necessary alterations to themarkings of the ship have been completed and conform to the requirements ofsection 9.

(3) If the ship is at a foreign port, the—

(a) Registrarshall authorise a proper officer to enter the alteration on the ship’scertificate of registry or issue a provisional certificate of registry describingthe ship as altered; and

(b) properofficer shall send the ship’s certificate of registry to the Registrar toenable a new certificate of registry to be issued.

(4) Any owner or agent of a ship who fails tocomply with this section, commits an offence and shall be liable to a fine notexceeding $5,000.

Change of nameor address or nationality of owner, agent, charterer or mortgagee

34.—(1) If there is any change in the followingparticulars entered in the Register, the owner, ship’s agent, charterer ormortgagee shall notify the Registrar within 30 days of the change—

(a) in thecase of an owner, ship’s agent or a charterer, the full name, address, andnationality of the owner, ship’s agent or charterer; and

(b) in thecase of a mortgagee, the full name and address of the mortgagee.

(2) In addition to submitting the notification ofchange in subsection (1), the owner, ship’s agent, charterer or mortgagee shallsubmit—

(a) evidencerelating to the change; and

(b) theship’s certificate of registry.

(3) Upon receipt of the notification of change insubsection (1) and having satisfied himself or herself of the reasons andevidence for change, the Registrar shall—

(a) makesuch entries in the Register and on the certificate of registry as may benecessary to give effect to the change, and return the certificate of registryto the person by whom it was lodged; or

(b) authorisea proper officer to endorse the certificate of registry to give effect to thechange in the manner specified by the Registrar.

(4) Any owner, ship’s agent, charterer or mortgageewho fails to comply with this section commits an offence and shall be liable toa fine not exceeding $2,000.

Closure ofregistration

35.—(1) Where a registered ship has—

(a) beenlost, taken by an enemy, burnt, wrecked or broken up; or

(b) ceasedto be required to be registered under this Decree,

the owner of the ship shall, immediately afterobtaining knowledge of the event, give notice in writing with such evidence, asmay be necessary, of the event to the Registrar.

(2) Where the Registrar receives a notice undersubsection (1), the Registrar shall make an entry in the Register of the eventto which the notice relates.

(3) Where the Registrar makes an entry in theRegister under subsection (2) in respect of any ship, the registration of thatship shall be deemed to be closed except as so far as it relates to any unsatisfiedmortgage of the ship or any share in the ship.

(4) If the Registrar is satisfied that subsection(1) applies to a ship but the owner has not notified the Registrar as requiredby that subsection—

(a) theRegistrar may close the registration of the ship by making an appropriate entryin the Register; and

(b) uponclosing the registration of the ship under paragraph (a), the Registrarshall notify the owner of the closure by sending a notification to the lastknown address of the registered owner.

(5) For the purposes of this section, an entry madeunder subsection 4 (a) has the same effect as an entry made undersubsection (2).

(6) Any owner of a registered ship who fails tocomply with this section commits an offence and shall be liable to a fine notexceeding $5,000.

Rights ofmortgagees where ship ceases to be registrable

36.—(1) If the Registrar receives a notice undersection 35 in relation to a registered ship, and there is any unsatisfiedmortgage of the ship or any share in the ship entered in the Register, theRegistrar shall give the mortgagee, by registered post, notice in writing ofthe fact that the Registrar has been given such a notice.

(2) Where the Registrar gives a mortgagee suchnotice in writing, the registration of the ship shall, so far as it relates tothe mortgage held by that mortgagee and subject to any order of the High Courtunder subsection (3), be deemed to be closed at the expiration of the period of60 days after the date on which that notice was issued by the Registrar.

(3) A mortgagee who has received a notice undersubsection (2) may apply to the High Court within the period of 60 days afterthe date of issue of the notice, or within such extended time as the court, onapplication made before or after the expiration of that period allows, and thecourt may do all or any of the following—

(a) orderthat the ship and its equipment be sold;

(b) makesuch orders for and in relation to the distribution of the proceeds of the saleas the court thinks fit;

(c) makesuch orders and give such directions with respect to the closure of theregistry of the ship as the court thinks fit, including in the case of anapplication for an extension of time, an order that the registry shall not bedeemed to be closed for such period as the court determines.

(4) The notice of an application under thissection, including an application for extension of time, shall be served on theRegistrar.2404

Ship’s agentand qualifying services and routes

37. Where the Minister is satisfied that—

(a) a shipis owned by a person who is not a citizen of Fiji or not a body corporateestablished by or under the laws of Fiji whose principal place of business isin Fiji, having—

(i) a place of business in Fiji from which theoperations of the ship are managed and controlled; or

(ii) a ship’s agent in Fiji who manages the ship;

(b) the shipreferred to in paragraph (a) is being regularly operated by that personin respect of a shipping service; and

(c) it wouldbe in the public interest to do so,

the Minister may by notice to the Registrar,designate the service referred to in paragraph (b) to be a qualifyingshipping service, or a route to be a qualifying route, for the purposes ofregistering ships under this Decree.

Foreign-registeredships not registrable under this Decree

38.—(1) The Registrar shall not register any shipunder this Decree which is registered under the laws of a foreign country.

(2) Where an application is made for registrationof a ship under this Decree that has at any time been registered under the lawsof a foreign country, the application shall be accompanied by such evidence asthe Registrar requires to establish that—

(a) the shipis no longer registered under the laws of that country; or

(b) stepshave been taken, or are proposed to be taken, to close the registration of theship under the laws of that country on or before the registration of the shipunder this Decree.

(3) For the purposes of this section, any shipwhose registration under the laws of a foreign country is suspended shall betreated as if it were an unregistered ship under the laws of that country.

Liabilities ofships not registered

39.—(1) Any ship that is required to be registeredand is not registered under the provisions of this Decree shall not be—

(a) recognisedas a Fiji ship; and

(b) entitledto any benefits, privileges, advantages or protection usually enjoyed by aregistered ship.

(2) Notwithstanding subsection (1), any ship towhich that subsection applies shall be subject to those laws of Fiji thatprovide for—

(a) thepayment of any fee or other charge;

(b) anyliability to a fine or forfeiture; or

(c) thepunishment of offences committed on board a ship, or by any person belonging toa ship, and shall be dealt with in the same manner in all respects as if theship were registered.

Certainunregistered ships not to leave Fiji

40.—(1) A ship that is required by section 5 to beregistered, but is not registered, shall not depart from a Fiji port on avoyage to any place outside Fiji, except pursuant to a provisional certificatethat is issued under section 31.

(2) A customs officer shall not grant a certificateof clearance in respect of a ship which is in contravention of subsection (1),and is about to depart from a Fiji port to any place outside Fiji.

(3) The owner or master of any ship who acts incontravention of subsection (1) commits an offence and shall be liable—

(a) in thecase of an individual, to a fine not exceeding $5,000; or

(b) in thecase of a body corporate, to a fine not exceeding $10,000.

PART 4—TRANSFERS, TRANSMISSIONS AND MORTGAGES OFSHIPS

Application ofthis part

41. This part applies only in relation to shipsregistered in Part A of the Register.

Transfer ofships and shares in ships

42.—(1) Subject to section 43, a ship or any sharein a ship, shall be transferred by a bill of sale made in the prescribed form.

(2) Where a ship or share in a ship is transferredin accordance with subsection (1), the Registrar shall, as soon as practicableafter the lodgement of the bill of sale and a declaration of transfer made bythe transferee in accordance with section 44—

(a) registerthe bill of sale by entering in the Register the name of the transferee as ownerof the ship or share; and

(b) endorseon the bill of sale that the entry has been made, including the date and timeof the making of the entry.

(3) The transferee of any bill of sale made underthis section shall lodge the bill of sale with the Registrar within 3 monthsafter the date on which the transfer takes effect, and bills of sale lodgedunder this section shall be registered in the order of their lodgement.

(4) Any transferee who fails to lodge a bill ofsale in accordance with subsection (3) commits an offence and shall be liableto a fine not exceeding $2,000.

Transmission ofship or share in ship by operation of law

43. Subject to section 87, where a ship or a sharein a ship, passes by transmission to a person by any lawful means other than bya transfer under section 42, the Registrar shall, as soon as practicable afterthe lodgement of—

(a) adeclaration of transmission by that person in accordance with section 44; and

(b) suchevidence of the transmission as the Registrar may require,

enter in the Register the name of that person asowner of the ship or share.

Declarations oftransfer and transmission

44.—(1) Every declaration of transfer ordeclaration of transmission shall be made in the prescribed form and inaccordance with section 6 and, where the transferee or person entitled underthe transmission is not the Government of Fiji, shall include the followingparticulars—

(a) astatement specifying the full name, address and nationality of the transfereeor person entitled under the transmission;

(b) thegrounds on which nationality is claimed;

(c) theextent of that person’s interest in the ship; and

(d) astatement that, to the best of the knowledge of the person making thestatement, the ship will continue to be a Fiji-owned ship or will be controlledby a Fiji national or Fiji nationals.

Certificate ofregistry to be endorsed where change in ownership

45.—(1) Where there is a change in the ownership ofa ship, the transferee shall, as soon as practicable, lodge with the Registraror a proper officer the certificate of registry and the documents required bysections 42 and 43.

(2) Upon receipt by the Registrar of the documentsreferred to in subsection (1), the Registrar shall—

(a) enterthe new particulars in the Register;

(b) endorsethe certificate of registry to show the change in ownership; and

(c) returnthe certificate of registry to the transferee.

(3) Where a proper officer receives the documentsreferred to in subsection (1), the Registrar may authorise the proper officerto give effect to the change in the manner specified by the Registrar.

Mortgage ofship or share in ship

46.—(1) A ship or any share in a ship may be givenas security for a mortgage under this Decree.

(2) The mortgage instrument shall be made in theprescribed form.2406

(3) Where the mortgage instrument so made has beenlodged, the Registrar shall—

(a) registerthe mortgage by entering in the Register particulars of the mortgage; and

(b) endorseon such instrument that the entry has been made, including the date and thetime of the making of the entry.

(4) Mortgage instruments lodged under this sectionshall be registered in the order of their lodgement.

Priority ofmortgages

47. Where 2 or more mortgages are registered inrespect of the same ship or share in a ship, the priority among the mortgageesshall be in accordance with the order of registration of the mortgages,irrespective of the dates upon which they were made or executed andnotwithstanding any express, implied or constructive notice.

Alteration ofterms of mortgage by endorsement

48.—(1) Subject to subsection (2), the parties to amortgage registered under this Decree may, by a memorandum in the prescribedform, do all or any of the following—

(a) increaseor reduce the amount secured by the mortgagee;

(b) increaseor reduce the rate of interest;

(c) shorten,extend or renew the term of currency of the mortgage; and

(d) vary,negative or add to the covenants, conditions and powers contained in themortgage.

(2) It shall not be necessary for a mortgagor toexecute a memorandum of reduction, or for a mortgagee to execute a memorandumof increase, of the mortgage debt or of the rate of interest payable under amortgage.

(3) The memorandum may be registered in the samemanner as the original mortgage is registered under section 46 (3).

(4) A memorandum varying the terms or conditions ofany mortgage of a ship subject to a subsequent mortgage shall not be binding onany mortgagee unless the mortgagee has consented in writing on that memorandum.

(5) Any consent under subsection (4) shall renderthe memorandum binding on the mortgagee so consenting, and shall be deemed tobe a notice to and shall be binding on every person who may subsequently derivefrom the mortgagee any interest in the mortgaged property.

Variation ofpriority of mortgages

49.—(1) Notwithstanding section 47, the parties tomortgages registered under this Decree may, from time to time, by a memorandumof priority in the prescribed form and registered under this Decree, vary thepriority of such mortgages between themselves.

(2) The memorandum of priority shall be executed bythe mortgagor and also by the mortgagee under every mortgage that, by thememorandum, is postponed to any mortgage over which it previously had priority.

(3) Where any mortgage so postponed is subject to asub-mortgage, the memorandum of priority shall not be effective unless thesub-mortgagee has consented thereto in writing on the memorandum.

(4) Upon the registration of a memorandum ofpriority, the Registrar shall record the memorandum on the Register and on anyrelevant instrument of title.

Transfer ofmortgage

50.—(1) A mortgage of a ship or of a share in aship may be transferred by an instrument of transfer made in the prescribedform.

(2) Where a mortgage is so transferred, theRegistrar shall, as soon as practicable after the lodgement of the instrumentof transfer and the mortgage instrument to which it relates—

(a) enter inthe Register the name of the transferee as the mortgagee of the ship or sharethat is the subject of the mortgage; and

(b) endorseon the mortgage instrument that the entry has been made, including the date andtime of the making of the entry.

51. Subject to section 87, where the interest of amortgagee in the mortgage of a ship or of a share in a ship passes bytransmission to a person by any lawful means other than by a transfer under section50, the Registrar shall, as soon as practicable after the lodgement of—

(a) adeclaration of transmission by that person in the prescribed form; and

(b) suchevidence of the transmission as the Registrar may require,

enter in the Register the name of that person asmortgagee of the ship or share concerned.

Discharge,waiver or extinction of mortgage

52.—(1) Where a mortgage is discharged, waived orextinguished by operation of law, including forfeiture, the Registrar must makean entry in the Register, to the effect specified in subsection (2), as soon aspracticable after the—

(a) lodgementof the mortgage instrument endorsed with a receipt for the mortgage money, dulysigned and attested;

(b) lodgementof the mortgage instrument endorsed with an appropriate waiver or discharge,duly signed and attested;

(c) receiptof an order of a court directing that the ship be forfeited or an office copyof the order; or

(d) receiptof such particulars as the Registrar may reasonably require for the purposes ofthis section.

(2) The entry in the Register shall be to theeffect that the mortgage has been discharged, waived or extinguished.

(3) On an entry being made under this section, anyinterest of the mortgagee under the mortgage vests in the person in whom,having regard to any relevant statutory provisions or intervening acts andcircumstances, it would have been vested if the mortgage had not been made.

Powers ofdisposal by owner

53. The owner of a ship or a share in a ship shall,subject to this Decree and to any rights and powers appearing from the Registerto be vested in any other person, have power absolutely to dispose of the shipor share in the ship and to give effectual receipts in respect of the disposal.

Mortgage not tochange ownership

54. A mortgage of a ship or of a share in a shipshall not have the effect of the mortgagee becoming, or the mortgagor ceasingto be, the owner of the ship or share in the ship, except to the extentnecessary to make the ship or share in the ship available as security under themortgage.

Mortgagee tohave power of disposal

55.—(1) Subject to subsection (2), a mortgagee of aship, or of a share in a ship shall have the power to dispose of the ship orshare and to give effectual receipts in respect of the disposal.

(2) Where there are 2 or more mortgages of the sameship or share, a subsequent mortgagee shall not, except under the order of theHigh Court, dispose of the ship or share without the consent of every priormortgagee.

Trusts notrecognised

56.—(1) The notice of a trust, whether expressed,implied or constructive, shall not be entered in the Register or be receivableby the Registrar.

(2) Nothing in subsection (1) prevents theregistration of a ship that is—

(a) owned bya body corporate incorporated under the Charitable Trusts Act (Cap. 67); or

(b) subjectto a mortgage under which such a body corporate is a mortgagee.

Equitiesincluded

57. Subject to sections 53, 55 and 56, nothing inthis Decree shall affect any power to enforce any beneficial interest in a shipor in a share in a ship, in the same manner as in respect of any other personalproperty.

Caveatforbidding registration of certain instruments

58.—(1) A person claiming an interest in a ship orin a share in a ship under any unregistered instrument, or by operation of law,may lodge with the Registrar a caveat in the prescribed form forbidding theentry in the Register of any instrument relating to any dealing with that shipor share until after notice of the intended dealing is given to thecaveator.2408

(2) Every caveat shall—

(a) statethe name and address of the caveator;

(b) containa description sufficient to identify the ship or the share in the ship in whichthe caveator claims an interest and to identify the interest claimed by thecaveator; and

(c) besigned by the caveator or by the caveator’s solicitor or agent.

(3) A caveat shall not be entered in the Registerby the Registrar unless there is specified in the caveat an address in Fiji atwhich notices relating to the caveat or to proceedings in respect of the caveatmay be served.

(4) Where a person entitled to withdraw a caveatnotifies the Registrar, by lodging a notice in the prescribed form, that thename of the caveator or the address for service of notices on the caveator hasbeen changed from the name or address specified in the caveat, the Registrarshall record on the caveat and in the Register the name or address so notifiedand that name or address shall thereupon be the name of, or the address forservice of notices on, the caveator.

(5) Every notice relating to a caveat or to anyproceeding in respect of a caveat shall be deemed to be duly served—

(a) either—

(i) at the address stated in the caveat inaccordance with subsection (3); or

(ii) if an address has been notified undersubsection (4), at the address, or the last address, so notified; or

(b) if thecaveat was signed by a solicitor or agent, at the office of that solicitor oraddress of that agent.

(6) A caveat may be withdrawn by—

(a) thecaveator or by the caveator’s solicitor or agent;

(b) theexecutor of the will or administrator of the estate of the deceased caveator;

(c) atrustee or official receiver or other person in whom the interest claimed bythe caveator is vested pursuant to the Bankruptcy Act (Cap. 48); or

(d) anyperson in whom by an order of the High Court there is entrusted, by reason ofthe mental incapacity of the caveator, the management and care or the interestclaimed by the caveator.

Notice ofcaveat

59. Upon entry in the Register of a caveat, theRegistrar shall notify particulars of the caveat by registered post to theperson or each person entered in the Register as an owner or part-owner ormortgagee, of the ship or share, as the case may be.

Procedure forremoval of caveat

60.—(1) Any person notified or required to benotified under section 59 may apply to the High Court for an order that thecaveat be removed.

(2) On an application for the removal of a caveat,the caveator has the onus of establishing that the caveat should not beremoved.

(3) The court may, upon proof that notice of theapplication has been served on the caveator or the caveator’s solicitor oragent, make such order, either ex parte or otherwise, as the courtthinks fit.

When caveat tolapse

61.—(1) A caveat entered in the Register in respectof a ship or a share in a ship shall, unless an order to the contrary is madeby the High Court and served on the Registrar, be deemed to have lapsed uponthe expiration of 28 days after the notice is given by the Registrar to theCaveator.

(2) The notice under subsection (1) must be byregistered post to the caveator stating that—

(a) theperson or each person entered in the Register as an owner or part-owner of theship or share in a ship; or

(b) a personhaving a right to register a dealing with the ship or share in the ship,

has applied for the registration of any dealingwith the ship or share.

No deal to beregistered while caveat in force

62.—(1) Subject to this section, for the periodduring which a caveat remains in force in respect of a ship or a share in aship, the Registrar shall not, except with consent in writing of a personentitled to withdraw the caveat, enter in the Register particulars of anydealing with that ship or share.

(2) Subsection (1) shall not prevent the entry inthe Register of a dealing with a ship or share in a ship which was lodged withthe Registrar in a form satisfactory for entry in the Register, before thecaveat had been lodged with the Registrar.

(3) Except to the extent that it otherwisespecifies, a caveat shall not prevent the Registrar from entering in theRegister—

(a) thetransmission of a ship or of a share in a ship to a person where that personbecomes entitled by operation of law; or

(b) adealing by a person as the mortgagee under a mortgage of a ship or a share in aship, being a mortgage to the entry of which the caveator has consented or inrespect of which the caveat has lapsed.

Compensationfor lodging caveat without reasonable cause

63.—(1) A person who lodges or maintains a caveatwith the Registrar without reasonable cause shall be liable to pay suchcompensation as is just to a person who has sustained damage.

(2) The compensation in subsection (1) isrecoverable in an action in a court of competent jurisdiction by the person whohas sustained damage from the person who lodged the caveat.

PART 5—NATIONALITY AND NATIONAL COLOURS

Certain shipsto have Fiji nationality

64.—(1) The following ships shall, for allpurposes, be treated as being Fiji ships and having Fiji nationality—

(a) shipsthat are registered under this Decree; and

(b) shipsentitled under section 4 (3) to be registered.

(2) Nothing in subsection (1) alters the characterof a ship as an article of personal property.

National Flagand other flags

65.—(1) Subject to subsection (2), every Fiji shiprequired or entitled to fly the National Flag shall do so in the followingcircumstances—

(a) whensignalled to do so by any ship set aside for or being used by the Republic ofFiji Military Forces;

(b) whileberthed or at anchor, during daylight hours, or entering, or leaving, orunderway in any port in a foreign country; and

(c) whileberthed or at anchor, during daylight hours, or entering or leaving or underwayin any port in Fiji.

(2) Subsection (1) (c) applies only to shipsregistered under section 4.

(3) The master of any Fiji ship required to fly theNational Flag whose ship—

(a) fails tocomply with any provision of subsection (1); or

(b) fliesnational colours other than those specified in respect of the ship by thisDecree,

commits an offence and shall be liable uponconviction to a fine not exceeding $5,000.

Flags authorisedunder prerogative

66.—(1) Notwithstanding section 65 or any otherwritten law, the powers of the State include the power to—

(a) establisha new flag which may be flown by a particular Fiji ship or any class of Fijiship authorised for the purpose by the State; or

(b) designatean existing flag as a flag which may be flown by a particular Fiji ship or anyclass of Fiji ship authorised for the purpose by the State.

(2) Where a Fiji ship is entitled to fly a flagauthorised under prerogative pursuant to subsection (1), that flag shall bedeemed to be the appropriate flag and subsections (2) and (3) of section 65shall apply with any necessary modifications.

Declaration ofship’s nationality before customs clearance

67.—(1) A customs officer shall not grant acertificate of clearance in respect of a ship about to leave a Fiji port for aplace outside Fiji until the master of the ship has declared the nationality ofthe ship.

(2) A declaration made under subsection (1) shallbe recorded on the certificate of clearance.

(3) Any ship that attempts to proceed to seawithout a certificate of clearance until the declaration of nationality is mademay be detained.

Improperlyassuming or concealing Fiji nationality

68.—(1) Any owner or master of a ship who doesanything or causes or permits anything to be done for the purpose of causing aship that is not a Fiji ship to appear to be a Fiji ship, commits an offence.

(2) Any owner or master of a ship, required bysection 65 to fly the Fiji national colours (within the meaning of thatsection), who does anything, or causes anything to be done, for the purposesof—

(a) concealingthe nationality of the ship from any person having a duty or power under thelaws of Fiji to inquire into the nationality of the ship;

(b) deceivingany such person; or

(c) causingthe ship to not appear to be a Fiji ship, commits an offence.

(3) Any owner or master of a ship who commits anoffence under subsection (1) or subsection (2) shall be liable to imprisonmentfor a term not exceeding 2 years or to a fine not exceeding $10,000, and theship in respect of which the offence has been committed shall be liable toforfeiture under this Decree.

(4) In any prosecution for an offence undersubsection (1) or subsection (2), it is a defence if the defendant proves thatthe purposes of the conduct specified in the charge was to escape capture by anenemy.

 

PART 6—ADMINISTRATION

Registrar ofShips

69.—(1) The Minister shall appoint the ChiefExecutive Officer as the Registrar of Ships.

(2) The Registrar shall maintain the Register andshall have such powers, functions, responsibilities and duties as are conferredon the Registrar by this Decree or any other written law.

DeputyRegistrars of ships

70.—(1) The Minister shall also, from time to time,appoint suitable persons to be Deputy Registrars of ships.

(2) Unless the Registrar otherwise directs in thecase of any Deputy Registrar, every Deputy Registrar shall have and mayexercise all the functions, duties and powers of the Registrar.

(3) A Deputy Registrar performing or exercising anyof the Registrar’s functions, duties or powers shall be presumed to be actingwithin the terms of his or her authority, in the absence of proof to thecontrary.

Seal ofRegistrar

71.—(1) The Registrar shall have and use a seal ofoffice in the prescribed form.

(2) Every document bearing the imprint of the sealand signed or issued by the Registrar or a Deputy Registrar shall be admissiblein evidence, and shall be deemed to be signed or issued by or under thedirection of the Registrar without further proof, unless the contrary isproved.

Indemnity ofState, Registrar and Deputy Registrar

72.—(1) Nothing in this Decree renders the Stateliable to be prosecuted for any offence under this Decree.

(2) Neither the Registrar nor any Deputy Registrarshall be personally liable for any action, suit, proceeding, dispute orchallenge in respect of any act or omission done in good faith in the exerciseor non-exercise of the powers conferred by or duties prescribed under theprovisions of this Decree or any other written law, in that person’s capacityas the Registrar or Deputy Registrar.

Correction ofclerical errors

73. The Registrar must, as soon as practicable,correct or cause to be corrected any clerical error or entry in the Registerthat is not or has ceased to be correct.

Power to givedirections in respect of obsolete or incorrect entries

74.—(1) Where, in relation to a particular ship—

(a) theRegistrar has reason to believe that the ship is not entitled to be registeredunder this Decree or is registered in the wrong Part of the Register; or

(b) no entryor amendment of an entry has been made in the Register for a period of 5 yearsand the Registrar has reason to suspect that—

(i) any notice, information or document in respectof which an entry in the Register is required by this Decree has not beenlodged with the Registrar within that period of 5 years;

(ii) any particulars entered in the Register, otherthan particulars relating to a mortgage are incorrect;

(iii) the ship has been actually lost, taken by anenemy, burnt, wrecked or broken up; or

(iv) the ship is derelict or is incapable of beingused in navigation,

the Registrar may, by notice in writing served onthe ship’s agent or the owner of the ship, require that person to provide tothe Registrar within a specified period, being not less than 30 days after thedate of the service of the notice, such information and documents relating tothe ship as are specified in the notice.

(2) Where—

(a) theperson on whom the notice is served under subsection (1) fails to provide theRegistrar, within the specified period in the notice or such longer period asthe Registrar may allow, with any information or document specified in thenotice; or

(b) uponproviding any information or document pursuant to such a notice, the Registraris of the opinion that the circumstances justify the closure of the registry ofthat ship or the alteration of any entry made in the Register,

the Registrar may give such directions in writingas he or she thinks fit with respect to the closure of the registry relating tothe ship, or any entry made or to be made relating to the ship.

(3) Where the Registrar directs the closure of theregistry relating to a ship—

(a) theRegistrar shall, if he or she is of the opinion that the ship is lost, taken byan enemy, burnt or broken up, or that the ship is derelict and incapable ofbeing used in navigation, make an entry in the Register to that effect, and theregistration of the ship shall then be deemed to be closed, except so far as itrelates to any unsatisfied mortgage of the ship; or

(b) in anyother case, sections 35 and 36 shall apply as if the ship had ceased to beentitled to be registered and the direction were a notice under section 36 (1)stating that fact.

High Court maydirect rectification of Register

75.—(1) Where—

(a) anyparticular matter is required or permitted by or under this Decree to beregistered is not entered in the Register;

(b) an entryis omitted or removed from the Register;

(c) an entryis made in the Register without sufficient cause;

(d) an entryincorrectly exists in the Register; or

(e) there isan error or defect, other than a clerical error or obvious mistake in an entryin the Register,

a person aggrieved or the Registrar may apply tothe High Court for rectification of the Register.

(2) The notice of an application under subsection(1) by a person aggrieved shall be served on—

(a) theRegistrar;

(b) everymortgagee whose name is recorded in the Register as the mortgagee of the shipconcerned or a share in the ship; and

(c) everyother person whose name is recorded in the Register as the holder of aninterest in the ship as a person affected by the registration of the ship.

(3) The court may, in proceedings under thissection,—

(a) decideany question that is necessary or expedient to decide in connection with therectification of the Register; and

(b) makesuch order, as it thinks fit, directing the rectification of the Register.

(4) A copy of an order under this section shall beserved by the aggrieved party on the Registrar, and the Registrar shallthereupon rectify the Register accordingly.

Verification ofparticulars in registers kept under previous law

76.—(1) The Registrar may, by notice in writingserved on any person owning or having the management of the ship deemed to beregistered by section 93, require that person within a specified period beingnot less than 30 days, after the date of the notice to—

(a) verifyin such manner as is specified in the notice, any matter or particularappearing in the Register by virtue of section 93 (2); or

(b) providesuch information and documents relating to the ship and its owner as arespecified in the notice, being information and documents of a kind required inconnection with or in support of an application for registration.

(2) If the—

(a) owner orthe person having the management of the ship fails within the specified periodto verify a matter or particular, or to provide any information or documents,as required by a notice under subsection (1); and

(b) Registraris not satisfied that the ship is registrable under this Decree,

the Registrar may close the registration relatingto the ship.

 

PART 7—ENFORCEMENT, PROCEDURES AND DELEGATIONAUTHORITY

Priorities ofsecurities or charges in respect of foreign ships

77. Where a question arises in Fiji as to thepriority of instruments creating securities or charges in respect of a shipregistered under the laws of a foreign country, the instruments creatingsecurities or charges in respect of the ship and duly registered in respect ofthe ship under the laws of that foreign country shall—

(a) have thesame effect as a mortgage registered in respect of a ship under this Decree;and

(b) beaccorded the priority that they would have been accorded if they had beenregistered under this Decree.

Detention ofships

78.—(1) The Chief Executive Officer, any policeofficer or any customs officer may detain a ship under section 67 (3).

(2) A customs officer shall not grant a certificateof clearance in respect of a ship that is detained under this Decree.

(3) The owner or master of any ship detained underthis Decree who causes or permits that ship to go to sea or fails to takereasonable steps to prevent that ship from going to sea, before it is releasedfrom detention by a competent authority in subsection (1), commits an offenceand shall be liable to a fine not exceeding $5,000.

(4) The provisions of the Maritime Transport Decree2013 shall, with any necessary modifications, apply in relation to any shipdetained under this section as if it were a ship detained under the provisionsof that Decree.

Procedures onforfeiture

79.—(1) Where a ship is liable to forfeiture undersection 68 (3)—

(a) anofficer specified in section 78 (1) may seize and detain the ship; and

(b) theChief Executive Officer may apply to the High Court for an order undersubsection (2).

(2) Upon application by the Chief Executive Officerunder subsection (1) in relation to a ship, the court may order that the shipand its equipment be forfeited to the Authority.

(3) Anything forfeited under this section shallbecome the property of the Authority and may be sold or otherwise dealt with asthe Authority thinks fit.2413

Protection ofofficers in respect of seizure or detention

80.—(1) Any officer specified under section 78 (1)shall not be personally liable in respect of any seizure or detention underthis Decree if it is shown to the satisfaction of the court determining anyproceedings relating to the ship or seizure or detention that there werereasonable grounds for the seizure or detention.

(2) If the court is not satisfied that there werereasonable grounds for the seizure or detention, it may award costs and damagesto any party aggrieved and make such other orders as it thinks fit.

Falsestatements

81.—(1) Any person who makes or presents to anofficer having duties and functions under this Decree any oral or writtenstatement, knowing that statement to be false or misleading, commits an offenceand shall be liable to a fine not exceeding $5,000.

(2) Any person who, by means of a statement or adocument that the person knows to be, or to contain information that is, falseor misleading, causes or attempts to cause an officer to do or refrain fromdoing any act or thing in the performance or exercise of that officer’s duties,functions or powers under this Decree, commits an offence and shall be liableto imprisonment for a term not exceeding 2 years or to a fine not exceeding$10,000.

(3) For the purposes of the application of thissection in relation to a body corporate, but without prejudice to the liabilityof any person other than the body corporate—

(a) astatement made, presented or otherwise used by a person acting on behalf of thebody corporate shall be deemed to have been made, presented or otherwise usedby the body corporate; and

(b) theknowledge of any person employed by or concerned in the management of the bodycorporate shall be deemed to be the knowledge of the body corporate.

Making falsedocuments

82.—(1) Any person who—

(a) makesany register book, certificate, bill of sale, mortgage instrument, or otherdocument under this Decree, knowing the same to be false or misleading; or

(b) forgesor fraudulently alters any such document, or assists any other person to do so,or procures the forgery or fraudulent alteration of any such document,

commits an offence and shall be liable toimprisonment for a term not exceeding 2 years or to a fine not exceeding$10,000.

(2) Any person, who prints, sells or uses anydocument purporting to be a form prescribed in the Regulations knowing that thedocument is not in fact a form that is for the time being prescribed, commitsan offence and shall be liable to a fine not exceeding $5,000.

Liability ofdirectors and officers of body corporate

83. Where a body corporate is convicted of anoffence under this Decree, every director and every person concerned in themanagement of the body corporate shall be guilty of a like offence if it isproved that the act or omission that constituted the offence took place withthat person’s authority, permission or consent, or that the person knew orshould have known that the offence was to be or was being committed and failedto take all reasonable steps to prevent or stop it.

Proceedings foroffences

84. For the purpose of any proceedings for anyoffence under this Decree, the offence may be treated as having been committedeither at the place at which it was actually committed, or at any place atwhich the offender may be.

Service ofdocuments

85.—(1) Where for the purposes of this Decree anydocument is to be served on any person, that document may be served—

(a) in anycase, by delivering the document personally to the person to be served or byleaving it at that person’s last known place of residence;

(b) if thedocument is to be served on the master of a ship, where there is a master, oron a person belonging to a ship, by leaving the document for the master orother person onboard that ship with the person being or appearing to be incommand or charge of the ship, and explaining to that person the purpose of thedocument; or2414

(c) if thedocument is to be served on the master of a ship, where there is no master andthe ship is within Fiji waters, by—

(i) leaving the document with the person being orappearing to be in command or charge of the ship;

(ii) serving the document on the ship’s agentappointed in respect of the ship under section 15; or

(iii) if the persons specified in sub-paragraph (i)or (ii) cannot be located after taking reasonable steps to locate such aperson, affixing the document to the mast of the ship.

(2) Any person who obstructs any service of anydocument under this Decree commits an offence and shall be liable to a fine notexceeding $5,000.

(3) Any owner or master of the ship who is a partyto the obstruction commits an offence and shall be liable to imprisonment for aterm not exceeding 2 years or to a fine not exceeding $10,000.

Admissibilityof documents in evidence

86.—(1) A document declared by any provision ofthis Decree to be admissible in evidence, on mere production, is admissible inevidence in any proceedings as prima facie evidence of—

(a) anymatter stated in the document in pursuance of this Decree; and

(b) the factthat the document was signed by the person by whom it purports to be signed.

(2) The person having custody of any documentreferred to in subsection (1) shall, upon payment of the prescribed fee (ifany) by the applicant, supply to the applicant a copy of or an extract from thedocument, certified in writing and signed by that person.

(3) The Registrar or a Deputy Registrar may,subject to this Decree—

(a) supplycopies of or extracts from any entry in the Register or any document formingpart of or associated with the Register; and

(b) certifyany such copy or extract, in writing and signed by the Registrar or DeputyRegistrar and sealed with the seal of the Registrar.

(4) A document purporting to be a copy or anextract supplied under subsection (2) or subsection (3) may be admissible inevidence.

Evidencerelating to transmissions

87. Where the Registrar requires any person toprovide evidence of the transmission of any ship, or share in a ship, or anymortgage on a ship or share in a ship, under either section 43 or section 51,it is sufficient compliance with such requirement—

(a) in thecase of the death of a joint owner or joint mortgagee, to provide the Registrarwith—

(i) a certificate of the death or burial of thedeceased, probate or letters of administration of the estate of the deceased,or an office copy of any such document; and

(ii) a declaration made by a person well acquaintedwith the deceased, to the effect that the deceased is named in the Register asa joint owner or joint mortgagee;

(b) in thecase of the death of the sole owner, owner in common, or sole mortgagee, toprovide the Registrar with an instrument constituting any person as the legalpersonal representative or constituting persons as the legal personalrepresentatives of the deceased, or an office copy of such document;

(c) in thecase of a transmission upon an order of a court, to furnish the Registrar withthe order or an office copy of the order;

(d) in thecase of forfeiture of a ship, to furnish the Registrar with the order of acourt directing that the ship be forfeited or an office copy of the order, orsuch particulars as the Registrar may reasonably require for the purposes ofthis section.

Power ofRegistrar to exempt with declarations and other evidence

88.—(1) When, under this Decree, any person isrequired or permitted to make a declaration on behalf of himself or herself orof any body corporate or produce any evidence to the Registrar or do any act,and it is shown to the satisfaction of the Registrar that from any reasonablecause that person is unable to make the declaration or produce the evidence ordo the act, the Registrar, may subject to any conditions, grant an exemption.

(2) Any such declaration may be made or evidenceproduced or other act done by an agent approved for the purpose by theRegistrar or by order of the High Court.

Power toprescribe or approve forms

89.—(1) For the purposes of this Decree, theMinister may, from time to time,—

(a) prescribeforms;

(b) approvethe use of any form in place of a prescribed form.

(2) Where a form is required by this Decree to bein the prescribed form—

(a) the formshall not be admissible in evidence in any civil proceedings on the part of theowner or master of the ship to which it relates unless—

(i) it is in the prescribed form; or

(ii) it is in an approved form;

(b) it shallbe sufficient compliance with any such requirement if an approved form is usedin place of the prescribed form.

Power toappoint or recognise persons as proper officers

90. For the purposes of this Decree, the ChiefExecutive Officer may from time to time by notice in the Gazette,appoint or recognise any person as a proper officer in relation to a port in aforeign country.

Proportion ofcrew to be Fiji nationals

91.—(1) Neither the owner nor the master of a Fijiship shall permit the ship to go to sea knowing the ship to have a crewcontaining less Fiji nationals than prescribed.

(2) Any owner or master of a ship who permits theship to go to sea knowing that the ship does not have a crew containing theprescribed proportion of Fiji nationals commits an offence and shall be liableto a fine not exceeding$5,000.

Regulations

92. The Minister may make Regulations for thefollowing purposes—

(a) prescribingor providing for the determination of fees payable in respect of any matterunder this Decree;

(b) specifyingthe persons by whom any such fees are payable;

(c) prescribingspecific fees for specific work or services;

(d) prescribinga scale of fees or a rate based on the time involved in carrying out the workor services;

(e) prescribingadditional charges for reimbursement of travelling time, accommodation, andother expenses;

(f) providingfor the refund or waiver of any fee, in whole or in part, in any specified caseor class of cases;

(g) providingfor such other matters as are necessary for giving full effect to theprovisions of this Decree and for its due administration.

 

PART 8—MISCELLANEOUS

Transitionalprovisions

93.—(1) Every ship that—

(a) isrequired or entitled to be registered under this Decree; and

(b) was,immediately before the commencement of this Decree, registered under the MarineAct 1986, shall be deemed to be registered under this Decree.

(2) The Registrar shall, as soon as practicable,issue a certificate of registry or certificate of registration in respect ofeach ship that is so deemed to be registered, and for this purpose theRegistrar may require the production of the certificate of registry orcertificate of registration issued before the commencement of this Decree inrespect of any such ship.

(3) Each register book kept by the port of registryis deemed to be part of the Register established under this Decree.

(4) All applications for registration of a shipunder the Marine Act 1986 that had not been finalised at the commencement ofthis Decree shall be deemed to be an application under this Decree and theRegistrar shall complete the registration of the ship accordingly.

References inother laws

94. Any reference in any other written law to aregistered Fiji ship shall be construed as if it were a reference to a shipregistered or deemed to be registered under this Decree.

GIVEN under my hand this 2nd day of July 2013.

《船舶注册法》(2014年修改)(ShipRegistration (Amendment) Act)ShipRegistration (Amendment) Act 2014

Short title andcommencement

1.—(1) This Act may be cited as the Ship Registration(Amendment) Act 2014 andshall come into force on 1st January, 2015.

(2) The Ship Registration Decree 2013 shall bereferred to as the “Decree”.

Section 2 amended

2. Section 2 of the Decree is amended by inserting thefollowing definition—““Fiji-based operator” means—

(a) a Fijinational who is ordinarily resident or carries on business in

Fiji; or

(b) a Fijinational who is in a position to control the exercise of therights and powersof the charterers under the charter agreement;”

Section 4 amended

3. Section4 of the Decree is amended—

(a) insubsection (2) by—

(i) deleting “A” and substituting “Subject to subsection (4), a”; and

(ii) deleting “any other” and substituting “foreign” in paragraph (b);

(b) bydeleting subsection (3) and substituting the following—“(3) Notwithstanding subsection (2), a ship that isnot a Fiji-ownedship, may be registered if that ship—

(a) is apleasure craft;

(b) calls atports or places in Fiji; or

(c) isnormally engaged on a qualifying route and the operationsof which are managedby the appointed ship’s agent on behalfof its owners, from a place of business in Fiji; and

(c) byinserting the following new subsection after subsection (3)—“(4) Any second-hand ship which—

(a) has beenimported for a purpose deemed by the Authority as acommercial purpose; and

(b) is 20years old or more,shall not be registered.”

Section 5 amended

4. Section5 of the Decree is amended by inserting the following new subsectionaftersubsection (2)—

“(2A) Subsection (2)(c) and (e) arenot applicable for the registration of pleasurecrafts.”

Section 17 amended

5. Section17 of the Decree is amended by deleting “registration number” andsubstituting “official number” wherever it appears.

Section 19 amended

6. Section19 of the Decree is amended in subsection (1)(f) by deletingsub-paragraph(ii) and substituting the following—“(ii) the Fiji Navy or an arm or part of theRepublic of Fiji MilitaryForces;”

Section 22 amended

7. Section22 of the Decree is amended in—

(a) subsection(1) by deleting “High Court” and substituting “Maritime AppealTribunal”; and

(b) subsection(2) by deleting “court” and substituting “Maritime AppealTribunal”.

Amendment to references in the Decree

8. TheDecree is amended in sections 2, 3 and 65 and the Schedule by deleting

“Republic of Fiji Military Forces” and substituting “Fiji Navy” wherever it appears.

Passed by the Parliament of the Republic of Fijithis 11th day of December 2014.

 

《船舶注册法》(2015年修改)(ShipRegistration (Amendment) Act)ShipRegistration (Amendment) Act 2015

Short title and commencement

1.—(1) This Act may be citedas the Ship Registration (Amendment) Act 2015.

(2) This Act shall come into force on the date ofits publication in the Gazette.

(3) In this Act, the Ship Registration Decree 2013shall be referred to as the “Decree”.

Section 4 amended

2. Section 4 of the Decree isamended—

(a) in subsection (2)(b) byinserting “a” before “foreign”;

(b) in subsection (2)(c) byinserting “under section 14” after “Chief Executive Officer”;

(c) by inserting the followingnew subsections after subsection (2)—

“(2A) Notwithstanding subsection (2), a Fiji-ownedship that is used for a commercial purpose and has reached the age of 55 yearsshall be deregistered unless the ship owner or operator has ensured that theship has undergone a full survey carried out by the Authority and the Authorityis satisfied of compliance with the following conditions—

(i)that the ship is not in breach of any obligation of the State under any writtenlaw or maritime related Convention;

(ii)that there is a planned maintenance system for all machinery on board, hull,superstructure and equipment which is implemented and maintained or improved;

(iii)that the risk to safety will not be significantly increased by continuedoperation of the ship; and

(iv)any other condition that the Authority deems appropriate.

(2B) Any ship deregistered under subsection (2A)shall be disposed of in accordance with any condition issued by theAuthority.”;

(d) in subsection (4) by inserting “unless approval is given undersubsection (5)” after “registered”; and

(e) by inserting the following new subsections aftersubsection (4)—

“(5)The Minister may, following consultation with the Registrar, approve theregistration of a second-hand ship which is 20 years old or more and importedfor commercial purposes—

(a) once an initial survey iscarried out by the Authority; and

(b) the Minister is satisfied—

(i)that the approval will not breach the obligations of the State under anywritten law or maritime related Convention;

(ii)that there is a planned maintenance system for all machinery on board, hull,superstructure and equipment which is implemented and maintained or improved;

(iii)that the risk to safety will not be significantly increased by the granting ofthe approval; and

(iv)of any other condition that the Registrar deems appropriate.

(6)For the purpose of carrying out a survey required under subsections (2A) and(5)(a), the thickness of the hull shall be assessed by a ClassificationSociety and a report of the assessment submitted to the Authority.

(7)The Minister shall, following consultation with the Registrar, give writtendirections for the deregistration of a ship registered under subsection (5) inthe event the owner or operator of a ship fails to comply with any conditionarising out of subsection (5)(b)(ii) and (iv).

(8)Upon such ministerial directions under subsection (7), the Registrar shallimmediately deregister such ship.

(9)An approval granted under subsection (5) or revocation thereof shall benotified as soon as practicable by notice published in a daily newspaper andany other publication the Registrar deems appropriate.

(10)For the purposes of this section—

“ClassificationSociety” means a recognised organisation authorised by the Chief ExecutiveOfficer to conduct such inspections and audits as the Authority considersnecessary;

“commercialpurpose” means a ship that operates or intends to operate for a fee or reward;

“feeor reward” means any payment, which gives a person the right to be transportedon a ship or cargo carried on board a ship, regardless of whether a profit ismade or not, and the payment may be made by the person, or on his or her behalfand may be a direct payment, such as a fare or other payment made directly inrespect of the journey or an indirect payment”;

“second-handship” means a ship that is not a newly constructed; and

“State” means the Republicof Fiji”.

Section 41 deleted

3. Section 41 of the Decree is deleted. Passed by theParliament of the Republic of Fiji this 20th day of November 2015.



上一篇: 斐济海港管理法
下一篇: 斐济海事安全局法
浏览次数: