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安提瓜和巴布达商业航运法
the Antigua and Barbuda Merchant Shipping Act
【发布部门】安提瓜和巴布达国会 【发文字号】
【发布日期】2015年01月20日 【实施日期】2006年04月06日
【时效性】现行有效 【效力级别】法律
【法规类别】安提瓜和巴布达法规规划 【来源】联合国粮农组织网站

安提瓜和巴布达商业航运法

【法律沿革】

该法案于2006年4月6日以第19号法令公布实施,历经2006年9月、2007年、2014年修改。

【内容介绍】

本法共分13部分,计292条,3个附件,其是商业航运的基本法律,对商业航运的各领域进行了全面的规范,包括对船舶、人员的管理,对污染、航行安全、海难救助等的管理。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC068248


安提瓜和巴布达商业航运法(the Antigua and Barbuda Merchant Shipping Act)

 

ANTIGUA AND BARBUDA

ANTIGUA AND BARBUDA MERCHANT SHIPPING ACT,2006 ARRANGEMENT OF SECTIONS

 

PART 1 PRELIMINARY

1.Shorttitle

2.Interpretation

3.Reservationof coastal trade

4.Insurancerequirement

 

PART II ADMINISTRATION AND IMPLEMENTATION

5.Minister’spower

6.Appointmentof officers

7.Regulationsand directives

8.Regulationsand directives to give effect in Antigua and Barbuda to maritime conventions.

9.Registrarof Antigua and Barbuda ships

10.Protectionof public officers

 

 

PARTIII

REGISTRATION OF SHIPS—MORTGAGES—MARITIMELIENS CHAPTER 1 — REGISTRATION OF ANTIGUA AND BARBUDA SHIPS

11.Qualificationto own Antigua and Barbuda ships

12.Portof registry

13.Theregister

14.Shipswhich may not be registered

15.Officeof registrar General

16.Survey

17.Tonnage

18.Class

19.Marketingof ships

20.Declarationof ownership

21.Cancellationof foreign registry

22.Entryof particulars in registry

23.Certificateof registry

24.Provisionalcertificate of registry

25.Trusts,equitable interests and liabilities of beneficial interests

26.Carriageof Antigua and Barbuda Merchant Shipping Act

 

CHAPTER 2 — REGISTRATION OFCHARTEREDBAREBOATS

27.Registrationof chartered bareboats

28.Conditionsfor registration of chartered bareboats

29.Measurementin respect of a chartered bareboat

30.Nameof registered chartered bareboat

31.Re-registrationof a chartered bareboat

32.Mortgagesin respect of chartered bareboats registration

33.De-registrationof a chartered bareboat

 

CHAPTER 3 — REGISTRATION OF ANTIGUA ANDBARBUDA SHIPS: BAREBOATS CHARTERED OUT IN A FOREIGN REGISTER

34.Registrationas chartered bareboats in a foreign register

35.Conditionsof permission for registration of chartered bareboats in a foreign register

36.Nameof chartered bareboats registered in a foreign register

37.Flag

38.Exclusiveapplication of Antigua and Barbuda law in respect of ownership and encumbrances

39.Withdrawalof permission

 

CHAPTER 4 — TRANSFER, TRANSMISSION ANDMORTGAGES

 

40.Transferof Antigua and Barbuda ship or share or interest therein

41.Transmissionon death or insolvency

42.Mortgageof ship or share

43.Mortgageenot deemed to be owner

44.Rightsof mortgagee

45.Mortgagenot affected by insolvency

46.Transferof mortgages and shares

47.Transmissionof interest

 

CHAPTER 5—MARITIME  LIENS

 

48.Restrictionon de-registration

49.Priorityof Maritime liens-claims secured by maritime liens

50.Orderof priority of maritime liens

51.Rightsof shipbuilders and ship repairs

52.Over-ridingnature of maritime liens

53.Nolien attaching to claims related to radioactive material

54.Limitationperiod

55.Interruptionof limitation period

56.Effectof forced sale of ship

57.Proceedsof sale

58.Certificateto the purchaser

 

CHAPTER 6— NATIONAL CHARACTER AND FLAG

 

59.Nationalcolours

60.Hoistingnational colours

61.Nationalityand flag to be declared before clearance

62.Unlawfulassumption of Antigua and Barbuda character

63.Concealmentof Antigua and Barbuda character or assumption of foreign character

 

PART IV

MASTERS, OFFICERS, SEAFARERS AND CADETS CHAPTER1—MANNINGAND CERTIFICATES

64.STCWConvention

65.Dispensations

66.Uncertifiedand unauthorised officers

67.Formof certificates and endorsement

68.Responsibilities

69.Lossof certificates

70.Controlprocedures

71.Conductof trails

72.Recognitionof certificates issued abroad

73.Assessmentof seafarers

74.Revalidationof certificates

75.Offencesrelating to certificates etc.

 

CHAPTER 2— DISQUALIFICATION OF SEAFARERSAND INQUIRIES

 

76.Inquiryinto fitness or conduct of officer

77.Disqualificationof holder of certificate other than officer’s certificate

78.Furtherpower to cancel, suspend or withdraw endorsements etc.

 

CHAPTER 3—ENGAGEMENT AND DISCHARGE OF CREW

 

79.Physicalfitness and medical standards

80.Crewagreement

81.Compensationto seafarers improperly discharged

82.Employmentof children and young persons as seafarers

83.Noderogation from international law relating to employment of children and youngpersons

84.Noousting of jurisdiction

 

CHAPTER 4 — PAYMENT OF WAGES

 

85.Timeand manner of payment

86.Masterto deliver account of wages

87.Deductions

88.Settlementof wages

89.Director’sdecision as to wages

90.Directormay require ship’s papers

91.Rateof exchange

92.Restrictionon assignment of and charge upon wages

93.Powerof court to award interest on wages due otherwise than under crew agreement

94.Allotmentnotes

95.Wageson termination of services by wreck, illness, etc.

96.Protectionof rights and remedies

97.Remediesof master

98.Deductionfrom wages

99.Wagesnot to depend on freight

100.Refusalto work and illness caused by his own default

 

 

CHAPTER 5 — PROVISIONS AS TO DISCIPLINE

 

101.Endangeringsafety of ship or of persons on board

102.Generaloffences against discipline

103.Refusalto serve on unseaworthy ship

104.Tradedisputes involving seafarers

105.Entryof offences in logbook

106.Offenceof making false statement

107.Suspensionof certificate of discharge

 

CHAPTER 6 — RELIEF AND REPARTRIATION OFSEAFARER LEFT BEHIND

 

108.Maintenanceand requirement of seafarer Left Behind

109.Reliefof distressed seafarers

 

CHAPTER 7 — LOGBOOKS

 

110.Form,maintenance and custody of logbook

111.Entriesrequired in official logbook

112.Deliveryof official logbook to Director when not required

113.Offensein respect of logbook

114.Seafarer’sbook

 

CHAPTER 8 — RIGHTS AND DUTIES OF MASTER

 

115.Rightsand duties of master

 

PART V

SAFETY OF NAVIGATION CHAPTER1—GENERAL

 

116.Prescribedcomplement of certificated crew

117.Recordof boat drill or fire drill

118.Reportof accident and loss of ship

119.Apprehendedloss of the ship

 

CHAPTER 2 — PREVENTION OF COLLISIONS

 

120.CollisionRegulations

121.Collisionsto be entered in the official logbook

122.Dutyto assist in case of collision

 

CHAPTER 3 — SAFETY AT SEA

 

123.InternationalConvention on the Safety of Life at Sea (SOLAS)

124.Applicationof SOLAS to non-Convention ships

125.Surveys

126.Certification

127.Detention

128.Generalcompliance duty, and offences

129.Fraud,misuse of certificates etc.

130.Customsclearance

131.Breachof safety rules: offences by owners

132.Penaltyfor non-compliance with conditions of emption certificate

133.Exemptionfor non-SOLAS Convention ships from compliance with this Part

 

CHAPTER 4 — LOAD  LINES

 

134.InternationalConvention on Load Lines 1966 to have the force of law

135.Interpretationof Load Line Convention

136.Applicationof Load Line Convention to non-Convention ships

137.Assignmentof freeboards

138.Generalcompliance

139.Fraud,misuse etc. of certificates

140.Offences

141.Clearance

142.Detention

 

CHAPTER 5 — DANGER

 

143.        Carriage of dangerous goods

 

CHAPTER 6 — UNSEAWORTHY SHIPS

 

144.Sendingunseaworthy ship to sea

145.Unseaworthyship to be detained etc.

146.Liabilityfor cost and damages

147.Powerto require from complainant security for costs

 

PART VI MARITIME SECURITY

 

CHAPTER 1—PRELIMINARY

 

148.Interpretationof Part VI

149.Application

 

CHAPTER 2 — SHIPS

 

150.Requirementsfor companies

151.Shipsecurity plans

152.Companysecurity officer

153.Shipsecurity officer

154.Requirementsfor ships

155.Shipsecurity alert system

156.Master’sdiscretion for ship safety and security

157.Verificationfor ships

158.Issue,endorsement, duration and validity of certificate

159.Interimcertificates

160.Prohibitionon proceeding to sea without appropriate certificate

 

CHAPTER 3 — CONTROL AND COMPLIANCEMEASURES

 

161.Controlof ships in port

162.Shipsintending to enter a port.

163.Additionalcontrol and compliance provisions

 

CHAPTER 4 — PORT  FACILITIES

 

164.Portfacilities: duties of port facility operator

165.Portfacility security officer

166.Drillsand exercises.

 

CHAPTER5—ENFORCEMENT

 

167.Requirementto provide information

168.Powersof inspection

169.Falsestatements relating to baggage, cargo etc.

170.Falsestatements in connection with identity documents

171.Unauthorisedpresence in restricted zone

172.Offencesrelating to authorised persons

 

PART VII PREVENTION OF POLLUTION

 

CHAPTER 1 — MARPOL CONVENTION

 

173.TheMARPOL Convention to have the force of law in Antigua and Barbuda

174.Antiguaand Barbuda ships

175.Generalcompliance duty and offences

176.Fraud,misuse of certificates, etc.

177.Shipspresenting threat to marine environment

178.Certificatesand special rules on inspection of ships

179.Detentionof violations and enforcement of the Part

180.Detention

181.Reportingpollution and other incidents

182.Customsclearance

 

CHAPTER2—CIVIL LIABILITY FOR OIL POLLUTION

 

183.InternationalConvention on Civil Liability for Oil Pollution Damage, 1992, to have the forceof law

184.InternationalConvention on the Establishment of an International Fund for Compensation forOil Pollution Damage, 1992, to have the force of law.

185.Meaningof state of ship’s registry

186.Compulsoryinsurance against liability for pollution

187.Enforcementof compulsory insurance requirement

188.Issueof certificate by the Administration

189.Cancellationand delivery up of certificates

190.Conversionof Special Drawing Rights

191.Definitionof “associated person”

192.Powerto obtain information

193.Jurisdictionof the courts and registration of foreign judgments

194.Admiraltyjurisdiction

195.Reciprocalenforcement of foreign judgments

 

PARTVIII WRECK AND SALVAGE

 

CHAPTER1—PRELIMINARY

196.Interpretationof Part VIII

197.PrincipalReceiver of Wreck and Receivers

198.Feesof Receiver of Wreck

 

CHAPTER 2 — SHIPS IN DISTRESS: FUNCTIONSOF RECEIVER OF WRECK

 

199.Dutyof Receiver on receipt of report of wreck

200.Powerof Receiver of Wreck

201.Powerto pass over adjourning land

 

CHAPTER3—MEASURES TO BE TAKEN IN RESPECTOF WRECK

 

202.Examinationin respect of ship in distress

203.Dutiesof persons finding wreck

204.Noticeof wreck

205.Claimsof owners to wreck

206.Saleof wreck in certain cases

 

CHAPTER4—UNCLAIMED WRECK

 

207.Unclaimedwreck property of Government

208.Saleof wreck by Receiver

209.Dischargeof Receiver

 

CHAPTER 5 — REMOVAL OF WRECKS

 

210.Powersof harbour and conservancy authorities in relation to wrecks.

211.Breakingup and removing wreck

212.Extentof power of removal

 

CHAPTER6—OFFENCES RELATED TO WRECK

 

213.Removalof foreign port for sale

214.Unauthorisedboarding of wreck

215.Interferingwith wreck

216.Summaryprocedure for concealment of wreck

217.Takingwreck at the time of casualty

 

CHAPTER 7 — SALVAGE

 

218.Definitionof “salvage service”

219.Salvageof life, ship, aircraft, wreck, apparel or cargo

220.Caseswhen remuneration not admissible

221.Settlementof salvage dispute

222.Rescissionof salvage agreements

223.Jurisdictionin relation to dispute

224.Appealin salvage dispute

225.Valuationof property by the Receiver

226.Detentionof property liable to salvage by Receiver

227.Saleof detained property by Receiver

228.Apportionmentof salvage in relation to foreign ship

229.Apportionmentby salvage by receiver

230.Apportionmentby the High Court

231.Salvageservices rendered by Government

232.Provisionsas to duties on wrecked goods

 

PART IX

SHIPOWNERS’ LIABILITY AND CARRIAGE OFGOODS CHAPTER 1 — PASSENGER SHIPS

 

233.Issueof contract ticket

234.AthensConvention relating to Carriage of Passengers and their Luggage, 1974

 

CHAPTER2—LIMITATION OF LIABILITY

 

235.Interpretationof Chapter 2 of Part IX

236.Limitationof liability

237.Limitsof liability

238.Powerof the Court to consolidate claims

239.Extensionof limitation of liability

240.Shipsless than 300 tons

241.Calculationof tonnage

242.Severalclaims arising on one occasion

243.Releaseof ship on security

 

CHAPTER 3 — DIVISION OF LIABILITY

 

244.Divisionof liability

245.Jointand several liabilities

246.Rightof contribution

247.Meaningof “owner”

 

CHAPTER 4 — CARRIAGE OF GOODS BY SEA

 

248.BrusselsProtocol, 1968

249.Codeof Conduct for Liner Conference

250.Lienon goods

251.GeneralAverage

 

PART X

INQUIRIES AND INVESTIGATIONS INTO MARINECASUALTIES

 

252.Investigationsof shipping casualties

253.FormalInvestigations

254.Rehearingsand appeals

255.Rulesrelating to rehearing of inquiries and investigations

256.Inquiriesinto causes of death

 

PART XI SURVEYORS AND INSPECTORS

 

257.Appointmentof surveyors

258.Appointmentof inspectors

259.Powersof inspectors

260.Recordof inspection and certificates

261.Controland compliance measures in Conventions

262.Furtherpowers of inspectors

 

 

 

 

PART XII

JURISDICTION AND LEGAL PROCEEDINGS CHAPTER1 — JURISDICTION

 

263.Jurisdiction

264.Jurisdictionover ship lying or passing off the coast

265.Jurisdictionto try offences on board ships

266.Offencesby Antigua and Barbuda seafarers

267.Jurisdictionin collision and other cases

268.Jurisdictionas to unsatisfied mortgages

 

 

CHAPTER 2 — DETENTION AND DISTRESS ON SHIP

 

269.Powerto detain foreign ship that has occasioned damage

270.Enforcementof detention of ship

271.Seizureand sale of ship in default of payment of penalty

272.Noticeto consular officer in case of detention of foreign ship

273.Costof detainig ship

274.Distresssale

 

CHAPTER3—LEGAL PROCEEDINGS

 

275.Limitationof actions in civil proceedings

276.Depositionsin cases in which witnesses cannot be produced

277.Evidenceand service of document

278.Admissibilityof documents in evidence

279.Serviceof documents

 

CHAPTER 4 — OFFENCES

 

280.Prosecutionof offences and instituting of action

281.Recoveryof fines

282.Applicationof fines

283.Limitationof time as to summary proceedings

284.Offencesby bodies corporate

 

PARTXIII SUPPLEMENTAL AND FINALS

 

CHAPTER 1 — SHIPPING POLICY

 

285.Principlesof international law

286.Measuresto assist shipping industry

287.Coastaltrade

 

CHAPTER 2 — FINAL  CLAUSES

 

288.Implementationof treaties

289.Conventionsto prevail

290.Contraventionof international conventions

291.Transitional

292.Repeals

 

SCHEDULES

 

FirstSchedule —      Matters (inter alia) onwhich Regulations, Rules or Direc- tives may be made

Second Schedule — Appropriate Certificates,Criteria and Mandatory Minimum Training Requirements Prescribed by the STCWConvention

ThirdSchedule —     Member States

 

The Antigua andBarbuda Merchant Shipping Act,2006

 

ANTIGUA ANDBARBUDA

No. 1 of 2006

AN ACTto consolidate and modernise the Antigua and Barbuda Merchant Shipping Act Cap.28; to provide for the better implementation of international maritimeconventions and agreements to which Antigua and Barbuda is a party; and mattersconnected with and incidental to the foregoing.

[Published in the Official Gazette Vol. XXVI No.19 dated 6th April, 2006 ]

 

ENACTEDby the Parliament of Antigua and Barbuda as follows—

 

PART I

PRELIMINARY

Shorttitle.

1.ThisAct may be cited as the Antigua and Barbuda Merchant Shipping Act, 2006.

Interpretation.

2.Inthis Act, unless the context requires otherwise;

“Administration”means maritime administration of the state whose flag the ship flies; and inrelation to Antigua and Barbuda includes ADOMS and the Director;

“ADOMS”means the Antigua and Barbuda Department of Marine Services and MerchantShipping;

“Antiguaand Barbuda ship” means a ship which is registered or licensed under this Act;

“Antiguaand Barbuda waters” means the internal waters and the territorial sea ofAntigua and Barbuda;

“appropriatecertificate” for the purposes of Part IV means a certificate issued andendorsed in accordance with the provisions of the STCW Convention and entitlingthe lawful holder thereof to serve in the capacity and perform the functionsinvolved at the level of responsibility specified therein on a ship of thetype, tonnage, power and means of propulsion concerned while engaged on theparticular voyage concerned;

“assistantengineer officer” means a person under training to become an engineer officerand designated as such by national law or regulations;

“bareboatchartered” means a ship leased without master and crew for a certain period oftime;

“bulkcarrier” means a ship which is constructed generally with single deck, top sidetanks and hopper side tanks in cargo spaces, and is intended primarily to carrydry cargo in bulk, and such types as ore carriers and combination carriers;

“cargoship” means a ship which is not a passenger ship, a fishing vessel or apleasure yacht;

“certificated”for the purposes of Part IV means properly holding a certificate;

“certificateof competency” means a valid document, issued by or under the authority of anAdministration and recognised by ADOMS, authorising the holder to serve asstated in the certificate of competency or as authorised by nationalregulations;

“chemicaltanker” means a ship constructed or adapted and used for the carriage in bulkof any liquid product listed in Chapter 17 of the IBC Code;

“chiefengineer officer” means the senior engineer officer responsible for themechanical propulsion and the operationand maintenance of the mechanical and electrical installations of the ship;

“chiefmate” means the officer next in rank to the master and upon whom the command ofthe ship will fall in the event of the incapacity of the master;

“CollisionRegulations Convention” means the Convention on the International Regulations for Prevention of Collisionsat Sea, 1972, as amended from time to time;

“company”means the owner of the ship or any other organisation or person such as themanager or the bareboat charterer who has assumed the responsibility foroperation of the ship from the shipowner and who, on assuming suchresponsibility, has agreed to take over all the duties and responsibilitiesimposed on the company by these regulations;

“crew”in relation to a ship includes seafarers and apprentices;

“deckofficer” means an officer qualified in accordance with the provisions ofChapter II of the STCW Convention;

“directive”means a directive issued under section 7;

“Director”means the Director of ADOMS appointed under section 6;

“endorsement”means endorsement of a certificate of competency pursuant to section 72(2);

“engineerofficer” means an officer qualified in accordance with the provisions ofChapter III of the STCW Convention;

“engineerofficer in charge of a watch” means any person who is in charge of a ship’smain propulsion system and its associated equipment, maintaining direct controlover the performance of all functions within the designated area ofresponsibility and under the direction of an individual serving in themanagement level for that area of responsibility;

“fishingvessel” means a ship used for catching fish, whales, seals, walrus or otherliving resources of the sea;

“foreignship” means a ship which is not registered under this Act;

“function”means a group of tasks, duties and responsibilities as specified in the STCWCode, necessary for the ship operation, safety of life at sea or protection ofthe marine environment;

“Governmentship” means a ship which belongs to the Government but does not include a shipwhich forms part of the Antigua and Barbuda defence force;

“GT”means gross tonnage in accordance with the Tonnage Convention;

“IACS”means the International Association of Classification Societies;

“IMO”and “Organization” means the International Maritime Organization;

“internationalcoastal voyage” means voyages during which the ship is never more than 50 nauticalmiles off shore;

“IBCCode” means the International Code for the Construction and Equipment of ShipsCarrying Dangerous Chemicals in Bulk adopted by the Marine EnvironmentProtection Committee of IMO by resolution MEPC.19(22), as amended from time totime;

“IGCCode” means the International Code for the Construction and Equipment of ShipsCarrying Liquified Gases in Bulk, 1993, as amended from time to time;

“IMDGCode” means the International Maritime Dangerous Goods Code adopted by IMO byResolution A.716(17), as amended from time to time;

“internationalvoyage” means a voyage from a port in one country to a port in another country;

“ISPSCode” means the International Code for the Security of Ships and of PortFacilities consisting of Part A (the provisions of which shall be treated asmandatory) and part B (the provisions of which shall be treated asrecommendatory), as adopted, on 12 December 2002, by resolution 2 of theConference of Contracting Governments to the International Convention for theSafety of Life at Sea, 1974, as amended from time to time;

“liquifiedgas tanker” means a ship constructed or adapted and used for the carriage inbulk of any liquid gas or other products listed in Chapter 19 of the IGC Code;

“LoadLine Convention” means the International Convention on Load Lines, 1966, andits Protocol of 1988, as amended from time to time;

“managementlevel” for the purposes of Part IV means the level of responsibility associatedwith:

—servingas master, chief mate, chief engineer officer or second engineer officer onboard a ship, and

—ensuringthat all functions within the designated area of responsibility are properlyperformed;

“MARPOLConvention” means the International Convention for the Prevention of Pollutionfrom Ships, 1973, and its Protocol of 1978, as amended from time to time;

“master”means the person at the management level having command or charge of any shipother than a pilot;

“MemberState” means a Member State of the Caribbean Community or the Organization ofEastern Caribbean States listed in the Third Schedule;

“Minister”means the Minister responsible for Merchant Shipping and Ship Registration;

“national”means a person who:

(a) isa citizen of a Member State;

(b) hasa connection with a Member State of a kind which entitles that person to beregarded as belonging to or, if it be so expressed, as being a native orresident of that Member State for the purposes of the laws of that Member Staterelating to immigration; or

(c) isa company or other legal entity constituted in a Member State in accordancewith the laws of that Member State and which that Member State regards asbelonging to it, if that company or other legal entity has been formed forgainful purposes and has its registered office and central administration, andcarries on substantial activity within the Community and is substantially ownedand effectively controlled by persons mentioned in paragraphs (a) and (b);

Forthe purposes of this definition, a company or other legal entity is:

substantiallyowned if more than 50 percent of the entity interest in the company or entityis beneficially owned by a person mentioned in paragraphs (a) and (b); andeffectively controlled if the persons mentioned in paragraphs (a) and (b) havethe power to name a majority of its directors or otherwise legally to directits actions.

“nearcoastal voyages” means voyages from any port or place in Antigua and Barbuda toany other port or place in Antigua and Barbuda during which the ship is nevermore than 30 nautical miles from a safe haven in Antigua and Barbuda;

“officer”means any person at the operational level who belongs to the ship’s command, oris a member of its administration at a similar level;

“operationallevel” means the level of responsibility associated with:

—servingas officer in charge of a navigational or engineering watch or as designatedduty engineer for periodically unmanned machinery spaces or as a radio operatoron board a seagoing ship, and

—thedesignated area of responsibility in accordance with proper procedures andunder the direction of an individual serving in the management level for thatarea of responsibility;

“officerin charge of a navigational watch” means any person who is in charge of thenavigation or manoeuvring of ship maintaining direct control over the performanceof all functions within the designated area of responsibility and under thedirection of an individual serving at the management level for that area ofresponsibility;

“oiltanker” means a ship constructed and used for the carriage of petroleum or petroleumproducts in bulk or a combination of petroleum and petroleum products in bulk;

“owner”in relation to a ship means, in respect of a registered ship, the registeredowner and includes a demise charterer and a managing owner or a managing agent;

“passenger”means any person carried on board a ship except:

(a) aperson employed or engaged in any capacity on board the ship on the business ofthe ship;

(b) aperson on board the ship either in pursuance of the obligations laid upon themaster to carry shipwrecked, distressed or other persons or by reason of anycircumstances which neither the master nor the charter, if any, could haveprevented or forestalled;

(c) achild under one year of age;

“passengership” means a ship carrying or capable of carrying more than twelve passengers;

“pleasureyacht” means a ship however propelled that is used exclusively for pleasure anddoes not carry passengers or cargo for hire or reward; but does not include aship that is provided for the transport or entertainment of lodgers at anyinstitution, hotel, private hotel, boarding house, guest house and otherestablishment;

“portof registry” in relation to any ship means the port at which she is for thetime being registered;

“prescribed”means prescribed by regulations or directives or in the absence of regulationsand directives, by a form approved by ADOMS;

“properofficer” means the officer designated by the Minister to be the proper officerat the port or place and in respect of the matter to which reference is made inthe provisions of this Act in which the expression occurs;

“propulsionpower” means the total maximum continuous rated output power in kilowatts ofall the ship’s main propulsion machinery which appears on the ship’scertificate of registry and other official documents;

“RadioRegulations” means the Radio Regulations annexed to, or regarded as beingannexed to, the most recent International Telecommunication Convention whichmay be in force at any time;

“rating”means a member of the ship’s crew at the support level;

“RecognisedOrganisation” means a classification society which is a member of IACS,entrusted by ADOMS with the survey of Antigua and Barbuda ships for thepurposes of the SOLAS Convention;

“Registrar”means any Registrar of ships appointed under section 9 of this Act;

“RegistrarGeneral” means the Director;

“restrictedinternational voyages” means voyages during which the ship is never more than200 nautical miles off shore;

“salvage”includes all expenses properly incurred by the salvor;

“seafarer”means the master, officer and any other category of crew;

“seafarer’sbook” or “seafarer’s identification records book” means a document issued topersonnel serving aboard Antigua and Barbuda ships for the purpose of providingthe holder with identity papers for travel to or from an assigned ship,providing a record of the holder’s sea service, and noting any certificationwhich has been awarded to him; but it is not a passport and is issued withoutprejudice to and does not affect the national status of the holder;

“seagoingship” means a ship which does not navigate exclusively in inland waters or inwaters within, or closely adjacent to, sheltered waters or areas where portregulations apply;

“secondengineer officer” means the engineer officer next in rank to the chief engineerofficer and upon whom the responsibility for the mechanical propulsion and theoperation and maintenance of the mechanical and electrical installations of theship will fall in the event of the incapacity of the chief engineer officer;

“ship”includes every description of vessel used in navigation and not propelled byoars;

“SOLASConvention” means the International Convention for the Safety of Life at Sea,1974, and its Protocols of 1978 and 1988, as amended from time to time;

“STCWCode” means the Seafarers’ Code, as adopted by the 1995 Conference, whichadopted the 1995 Amendments to the STCW Convention, resolution 2, as amendedfrom time to time;

“STCWConvention” means the International Convention on Standards of Training, Certificationand Watch- keeping, 1978, as amended in 1995 as amended from time to time;

“supportlevel” means the level of responsibility associated with performing assignedtasks, duties or responsibilities on board a seagoing ship under the directionof an individual serving in the operational or management level;

“TonnageConvention” means the International Convention on Tonnage Measurement of Ships,1969 as amended from time to time;

“1992CLC Protocol” means the 1992 amendments to the International Convention onCivil Liability for Oil Pollution Damage, 1969, as amended from time to time;

“1992Oil Fund Protocol” means the 1992 amendments to the International Convention onthe Establishment of an International Fund for Compensation for Oil PollutionDamage, 1971, as amended from time to time.

Reservationof coastal trade.

3.(1)The coastal trade between Antigua and Barbuda ports shall be carried only byAntigua and Barbuda ships.

(2) Theowner, agent or master of any ship contravening the provisions of this sectioncommits an offence, and each is liable on conviction to a fine of threethousand dollars; in addition the ship shall be liable to detention.

InsuranceRequriement.

4.(1)Every Antigua and Barbuda ship shall carry insurance cover against risks ofloss or damage to third parties, and in particular:

(a) inrespect of the owner’s liabilities to a crew member under any provision of PartIX; and

(b)claims in respect of loss or damage caused by any cargo carried on board theship.

(2)Every foreign ship anchoring in or trading in or from Antigua and Barbudawaters or entering a port in Antigua and Barbuda shall carry insurance coveragainst risks of loss or damage to third parties.

 

(3)Where any ship contravenes this section, the owner of that ship commits anoffence and is liable on conviction to a fine not exceeding five thousanddollars.

 

PARTII

ADMINISTRATION AND IMPLEMENTATION

Minister’spowers.

5.TheMinister shall have general powers for the administration and implementation ofthis Act in addition to the powers expressly conferred upon him under thevarious sections of this Act.

Appointment ofofficers.

6.(1)The Minister shall appoint a Director of ADOMS who shall be the Registrar Generaland who shall exercise general supervision over all matters arising under thisAct.

(2) TheMinister may appoint one or more Deputy Directors and such other technical andadministrative personnel as may be considered necessary to assist the Directorgenerally in the discharge of his duties or for the purposes of particularprovisions of this Act or regulations made thereunder.

(3)Officers appointed under this section are authorised to issue endorsements anddocuments to all merchant marine personnel.

(4) TheDirector shall establish standards of certification and upgrading of merchantmarine personnel, necessary and appropriate for the purpose and for themaintenance of high standards in the register of ships of Antigua and Barbuda.

Regulationsand directives.

7.(1)The Minister may make regulations for the implementation of this Act. In makingregulations for any matter which is the subject of a Convention to whichAntigua and Barbuda is a party he shall have full regard to the Convention andany amendments thereto.

(2)Withoutprejudice to the generality of subsection (1) or to section 8, the matters onwhich regulations may be made include those matters specified in the FirstSchedule.

(3)TheDirector may, after consultation with the Minister, issue directives for theimplementation of the Act.

(4)Withoutprejudice to the generality of subsection (3) the previous such directives mayrelate to any matter on which there is power to make regulations.

Regulationand directives to give effect in Antigua and Barbuda to maritime conventions.

8.(1)Without prejudice to section 7(1), or any other provision of this Act, theMinister may make such regulations as may be considered necessary or expedientto give effect to, and carry out the objects and purposes of, the followingconventions —

Tonnage Convention

SOLAS Convention

MARPOL Convention

Load LinesConvention

CollisionRegulations Convention

STCW Convention

1992 CLC Protocol

1992 Oil FundProtocol

(2)Subsection (1) shall also have effect in relation to any convention relating tomaritime safety or security, prevention of pollution of the marine environment,or the health and welfare of seafarers, as may be ratified by Antigua andBarbuda.

Registerof Antigua and Barbuda ships.

9.(1)The Minister may appoint Registrars of Antigua and Barbuda ships who shallperform such functions connected with the registration of ships as may bespecified by this Act. In the performance of their functions the Registrarsshall act under the direction of the Director.

(2)TheMinister may appoint one or more Deputy Registrars to assist any Registrar inthe performance of his functions under the Act. Such Deputy Registrars mayperform any function conferred on a Registrar. In performing his functions aDeputy Registrar shall act under the direction of the Registrar he is appointedto assist.

(3)Individualsdesignated by the Minister as Registrars or Deputy Registrars may registerAntigua and Barbuda ships in Antigua and Barbuda and in countries other thanAntigua and Barbuda, and the registers must contain the particulars that arerequired to be entered in a register by this Act in respect of all shipsregistered by them.

Protectionof public officers.

10.Nosuit shall be maintained against any public officer or other person appointedor authorised under this Act in respect of anything done or omitted to be doneby him in good faith in the exercise or performance, or in the purportedexercise or performance, of any power, authority or duty conferred or imposedon him under this Act.

 

PARTIII

REGISTRATION OF SHIPS — MORTGAGES —MARITIME LIENS

 

CHAPTER 1

REGISTRATION OF ANTIGUA AND BARBUDA SHIPS

Qualificationto own Antigua and Barbuda ships.

11.(1)A ship shall not be registered as an Antigua and Barbuda ship unless she is ownedwholly by persons to whom one of the following descriptions applies;

(a)citizenof Antigua and Barbuda;

(b)publicbodies of Antigua and Barbuda;

(c)publicbodies corporate authorised under subsection (2);

(d)acorporation registered under the International Business Corporation Act;

(e)anexternal company or a partnership concern registered under the Companies Act;or

(f)anational of a Member State;

(g)anyother person approved by the Cabinet.

(2)Apublic body corporate is authorised for the purposes of paragraph (c) ofsubsection (1) to register ships if:

(a)itis established under and subject to the laws of Antigua and Barbuda; and

(b)ithas its principal place of business, or appoints a resident agent, in Antiguaand Barbuda;

(c)atleast fifty-one percent of its share capital is held by citizens of Antigua andBarbuda;

(d)themajority of directors, the Chairman of the Board of Directors and the ManagingDirector, if any, are citizens of Antigua and Barbuda. In case of a partnershipconcern, Antigua and Barbuda interests shall be deemed to be predominant in thecapital and in the management, if the majority of the partners are Antigua andBarbuda citizens.

(3)Shipsowned by multinational shipping enterprises or joint ventures between theGovernment of Antigua and Barbuda and the government of other member countriesof the Caribbean Community or governments of other foreign countries, in whichthe Government of Antigua and Barbuda has a substantial interest and which areestablished by Acts of Parliament may be exempted from compliance with therequirements of subsections (1)and (2) in order to qualify for treatment asAntigua and Barbuda ships.

(4)Anythingto the contrary notwithstanding, the ownership requirements referred to abovemay in exceptional cases be waived by the Minister where:

(i) theship meets all other requirements for registration; and

(ii) ithas been satisfactorily demonstrated that there is a genuine need for such awaiver; and

(iii)the owner of the ship qualified for, secures and maintains registration inAntigua and Barbuda as a foreign maritime trust or corporation or other legalentity and where he either maintains at all times an operating office inAntigua and Barbuda or appoints a qualified resident business agent in themanner prescribed by law.

(5)Theowner of any ship which is registered as an external company under theCompanies Act and secures and maintains registration of that ship in Antiguaand Barbuda shall be exempted from the payment of income tax, capital gains taxand other direct tax or impost thatmay be levied or collected in Antigua and Barbuda in respect of his shippingbusiness for fifty years.

Portof registry.

12.(1)The port of St. John’s shall be the port of registry for Antigua and Barbudaships, and the port to which they belong.

(2)Inthe case of bareboat chartered ships registered under Chapter 2 of Part III theport of St. John’s shall be the port of registry, and the port to which theybelong.

Theregister.

13.(1)The Register shall be divided into parts as follows:

(a)anInternational Ships Register;

(b)aregister for mega-yachts: that is to say pleasure ships of over 24 meters inlength;

(c)alocal register.

(2)Subjectto section 14, each Part of the register shall distinguish between:

(a)merchantships fitted with mechanical means of propulsion;

(b)sailingships and motor boats; and

(c)mobileoffshore drilling units, barges and pontoons.

(3)Entriesin the register in relation to property in a ship shall be made in accordancewith the following provisions:

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

(b)subjectto the provisions of this Act with respect to joint owners or owners bytransmission, not more than 64 individuals shall be entitled to be registeredat the same time as owners of any one ship; but this rule shall not affect thebeneficial title of any number of persons or of any company represented by orclaiming under or through any registered owner or joint owner;

(c)aperson shall not be entitled to be registered as owner of a fractional part ofa share in a ship; but any number of persons not exceeding five may beregistered as joint owners of a ship or of any share or shares therein;

(d)jointowners shall be considered as constituting one person only as regards thepersons entitled to be registered, and shall not be entitled to dispose inseveralty of any interest in a ship, or in any share therein in respect ofwhich they are registered;

(e)abody corporate shall be registered as owner by its corporate name.

Shipswhich may not be registered.

14.(1)No passenger ship, high speed craft or hovercraft shall be registered on theInternational Ships Register.

(2) Noship to which the SOLAS Convention applies shall be registered on the localregister referred to in section 13(1)(c).

Officeof Register General.

15.(1)The office of the Registrar General shall be situated in St. John’s.

(2) TheRegistrar General shall designate a central registry office where details ofall Antigua and Barbuda ships registered must be kept.

Survey.

16.(1)The owner of a ship applying for registry on the International Shipping Registerunder this Act shall cause such ship to be surveyed by ADOMS in order toascertain compliance with all international maritime conventions and the Codeof Safety for Caribbean Cargo Ships as may be applicable.

(2)Theowner of every Antigua and Barbuda ship on the International Shipping Registershall cause such ship to be surveyed annually by ADOMS to ascertain compliancewith all relevant international maritime conventions.

Tonnage.

17.(1)(a) Subject to paragraph (b), the tonnage of every ship applying to beregistered on the International Ships Register shall be measured by RecognisedOrganisation or such other body as may be recognised by the Director in accordancewith the Tonnage Convention, and a certificate of the tonnage shall be providedto the owner by the Organization or body in question. Such tonnage shall beentered in the certificate of the registry as the tonnage of the ship.

(b)Where the tonnage has previously been measured by a Classification Societywhich is a member of IACS, the certificate of tonnage issued by that Societymay be accepted for the purposes of paragraph (a).

(2) Thetonnage or length of every ship applying to be registered on the register foryachts shall be measured pursuant to subsection (1), or as the Director may provide.

Class.

18.(1)Every ship registered on the International Ships Register shall be entered witha Recognised Organisation.

(2) Ifat any time a ship entered in accordance with subsection(1) ceases to be so entered, and is not thenentered with another Recognised Organisation, the Registrar shall remove theship from the register.

Makingof ships.

19.(1)The owner of an Antigua and Barbuda ship who applies for registration underthis Act shall, before registration, cause her to be marked permanently andconspicuously in the prescribed manner and to the satisfaction of the Registrarand any ship not so marked may be detained by the Registrar.

(2)(a)Subject to any other provision contained in this Act and to the provisions ofany regulations or directives made thereunder, the owner and the master of anAntigua and Barbuda ship shall take all reasonable steps to ensure that theship remains marked as required by this section and the owner or master shallnot cause or permit any of the particulars thereby denoted to be altered exceptin the manner provided in this Act or except to evade capture by the enemy orby a foreign ship of war in the exercise of some belligerent right.

(b) Anycontravention of this subsection is an offence by the owner and master, punishableon conviction by a fine of three thousand dollars.

Declarationof ownership.

20.Aperson shall not be registered as the owner of an Antigua and Barbuda ship orof a share therein until he, or in the case of a public body or an authorisedbody corporate the person authorisedto make declarations on its behalf, has made and signed a declaration ofownership in the prescribed form referring to the ship as described in thecertificate of the surveyor and containing such particulars as may be prescribed.

Cancellationof foreign registry.

21.Aship registered outside Antigua and Barbuda shall not be registered under thisAct until her foreign registry is cancelled, or there is produced:

(i)officialpermission from a proper officer in that country for the transfer ofregistration or a statement that such permission by the law of the country isnot needed; and

(ii)arecent certificate by such officer of any mortgages or liens recorded in theregister of ships of such country:

Providedthat the Registrar may direct that such requirements be waived on it beingshown to his satisfaction that the owner has attempted to produce suchdocuments but that due to wholly exceptional and abnormal circumstancesprevailing in that foreign country inordinate delay has occurred due to reasonbeyond the control of the owner, but subject to the production of such otherlike documents as the Registrar may further direct.

Entryof particulars in register.

22.Whenthe requirements of this Act preliminary to registration have been compliedwith the Registrar shall register the ship by entering in the register theprescribed particulars respecting the ship.

Certificateof registry.

23.(1)On completion of the registration of a ship, the Registrar shall grant acertificate of registry comprising the particulars respecting the entries inthe register, and including the date of expiry of the certificate.

(2)Oncompletion of the registration of a chartered bareboat under Chapter 2 of thisPart, the Registrar shall grant a certificate of registration in accordancewith subsection (1), containing also the particulars of the owner, thecharterer, and the foreign register of the ship, and the date of expiry of thecertificate.

(3)Thecertificate of registry shall be used only for the lawful navigation of theship, and shall not be subject to detention by reason of any tithe, lien,charge, or interest whatever had or claimed by any owner or mortgagee, or otherperson to, on or in the ship.

(4)Amaster or owner of an Antigua and Barbuda ship who uses or attempts to use forher navigation a certificate of registry not legally granted in respect of theship, commits an offence, and liable on summary conviction by a fine notexceeding five thousand dollars; and the ship is liable to forfeiture.

Provisionalcertificate of registry.

24.(1)If at any place outside Antigua and Barbuda a ship becomes entitled to beregistered as an Antigua and Barbuda ship, an Antigua and Barbuda diplomatic orconsular officer there may grant to her master, on his application, aprovisional certificate of registry in the prescribed form and shall forward acopy thereof to the Registrar of Antigua and Barbuda ships.

(2)Sucha provisional certificate of registry shall be valid until the expiration ofsix months from its date or until the arrival of the ship at the Antigua andBarbuda port of registry, whichever happens earlier and on either of theseevents happening shall cease to have effect.

(3)Aprovisional certificate may be extended for a further period of six months; butafter expiry of such extension a provisional certificate of registry shall notbe granted in respect of that ship for a period of one year.

Trust,equitable interests and liabilities of beneficial interests.

25.(1)Subject to subsection (2), no trust, express, implied, or constructive, shallbe registered by the Registrar.

(2)Where on the bankruptcy of a registered owner or mortgagee his title is transmittedto his trustee in bankruptcy, that person may be registered as the owner ormortgagee of an Antigua and Barbuda ship or a share therein, provided the shipremains entitled to be registered as an Antigua and Barbuda ship pursuant tosection 11.

Carriageof Antigua and Barbuda Merchant Shipping Act.

26.(1)A copy of this Act, any amendments thereto and any regulations made thereunder,shall be carried on board each ship on the International Ships Register.

(2) Anycontravention of subsection (1) is an offence by the ownerand master, and punishable on conviction by a fine of three thousand dollars.

 

CHAPTER 2

REGISTRATION OF CHARTERED BAREBOATS

Registrationof chartered bareboats.

27.(1)Notwithstanding sections 11 and 19, but subject to section 28, a charteredbareboat may be registered as an Antigua and Barbuda ship and may use thenational colours when registered in a foreign register, if she is a bareboatchartered by a citizen of Antigua and Barbuda, or a person other than a citizenof Antigua and Barbuda, or a body corporate which is either Antigua and Barbudaor otherwise.

(2)Notwithstandingsection 21, for the purposes of the registration of a chartered bareboatregistered in a foreign register, it is not required that the registration inthe foreign register be deleted and the preferred status of the foreignregister remains.

(3)Registrationof a chartered bareboat within the meaning of this Chapter is the registrationin the Antigua and Barbuda register for such period of time as the Minister mayapprove and under fixed legal conditions, of a ship which continues to beregistered in a foreign register.

(4)Bareboatchartering within the meaning of this Chapter is the chartering by virtue ofwhich the charterer, for an agreed period of time —

(a)acquiresfull control and possession of the ship;

(b)hasthe shipping management and operation of the ship;

(c)isresponsible towards third parties as if he were the ship owner, and generally,so long as the chartering continues, he is substituted in all respects in placeof the owner except that he has no right to sell or mortgage the ship.

Conditionsfor registration of chartered bareboats.

28.A chartered bareboat may be registered under this Chapter on the application ofthe charterer for such period as the Director may for a prescribed periodapprove if —

(a)thelaw of the country of the foreign register allows registration out of charteredbareboats registered in its register, and

(b)thefollowing duly certified documents are submitted together with the application—

(i)acopy of the charter agreement in lieu of the title of ownership and declarationof ownership;

(ii)thewritten consent of the ship owner;

(iii)thewritten consent of the appropriate maritime authorities of the country of theforeign registry and containing a conformation as to the ownership of the shipand as to the mortgages or other encumbrances of the ship, if any; and

(iv)thewritten consent of the mortgagees.

Measurementin respect of a chartered bareboat.

29.(1)(a) For purposes of the registration of chartered bareboat a new measurement ofthe tonnage of the ship is required; and the certificate of survey and thetonnage certificate provided for by this Act shall be issued on the basis ofthe corresponding documents of the foreign registry.

(b) Asubsequent alteration of the ship which affects the tonnage or the descriptionof the ship shall be effected in accordance with the provisions of this Actrelating to ships registered in the Antigua and Barbuda register and shall benotified by the Registrar to the appropriate maritime authorities of thecountry of the foreign registry.

(2)Forthe registration of a chartered bareboat there shall be paid the fees payableunder this Act in relation to the registration of an Antigua and Barbuda ship.

Nameof registered chartered bareboat.

30.(1)A chartered bareboat may keep the name under which it is registered in theforeign register.

(2)Thename of a chartered bareboat may be changed after registration in the Antiguaand Barbuda register if —

(a)thechange is effected in accordance with the provisions of this Act relating toships registered in the Antigua and Barbuda register;

(b)itis on the application of the charterer;

(c)itis with the written consent of the owner and the mortgagees; and

(d)itis notified to the appropriate maritime authorities of the country of theforeign register.

Reregistrationof a chartered bareboat.

31.Atthe expiry of a certificate issued under section 23(2), a chartered bareboatmay be reregistered in the Antigua and Barbuda register if the conditionsapplicable at the time of the initial registration still apply.

Mortgagesin respect of chartered bareboats registration.

32.(1)Where a chartered bareboat is registered under this Chapter, mortgages andother encumbrances which are a charge on the ship at the time of registrationin the Antigua and Barbuda register continue to exist and to be a charge on theship.

(2)Mortgages and encumbrances referred to in subsection(1)continue to be governedby the law of the country governing them at the time of their creation, and arenot affected by the fact of the registration of the ship in the Antigua andBarbuda register; and such mortgages and other encumbrances shall be recordedin the Antigua and Barbuda register for purposes of information only.

(3)Aftera chartered bareboat has been registered under this Chapter, a mortgage orencumbrances may be created over the ship only by the owner and in accordancewith the law of the country of the foreign register in which such mortgage orencumbrances is recorded.

(4)Amortgage in respect of a chartered bareboat registered under this Chapter maynot be registered in the Antigua and Barbuda register.

De-registrationof a chartered bareboat.

33.(1)The Registrar shall de-register a chartered bareboat registered under thisChapter if —

(a)thecharter is terminated;

(b)theprescribed period of time of registration has expired; or

(c)thereexists any reason for de-registration under this Act.

(2)Where a chartered bareboat is de-registered under subsection (1), the Registrarshall delete the name of such ship from the register and may issue a deletioncertificate.

 

CHAPTER 3

REGISTRATION OF ANTIGUA AND BARBUDA SHIPS:BAREBOAT CHARTERED

OUT IN A FOREIGNREGISTER

Registrationas chartered bareboats in foreign register.

34.(1)Notwithstanding any other provision of this Act, an Antigua and Barbuda shipmay be registered as a chartered bareboat in a foreign register and may use thecolours of the country of such foreign register.

(2)Registration as a chartered bareboat within the meaning of this Chapter is theregistration in a foreign register for such period of time as the Registrar mayapprove and under fixed legal conditions of a ship which continues to beregistered in the Antigua and Barbuda register.

Conditionsof permission for registration of chartered bareboats in a foreign register.

35.(1)A chartered bareboat may be registered under this Chapter in a foreign registeron the application of the registered owner for such period as the Registrar mayapprove if —

(a)theship is registered as an Antigua and Barbuda ship under Chapter 1;

(b)thelaw of the country of the foreign register allows the registration of charteredbareboats in its register;

(c)theship is chartered as a bareboat to a foreign individual or corporation; and

(d)thefollowing documents are submitted —

(i)thewritten application of the owner for permission for the registration of theship as a chartered bareboat in a foreign register;

(ii)acopy of the charter agreement;

(iii)thewritten consent of the appropriate maritime authorities of the country of theforeign registry;

(iv)thewritten consent of the mortgagees;

(v)thewritten undertaking by the owner to surrender the Certificate of Antigua andBarbuda registration issued under Chapter 1 within fifteen days from the dateof the Registrar’s consent under this Chapter.

(2) Theowner shall produce to the Registrar any amendments or modifications to thecharter agreement within thirty days of such amendments or modifications beingeffected.

Nameof chartered bareboat registered in a foreign register.

36.(1)A ship registered under Chapter 1 when being registered in a foreign registerunder this Chapter may keep the name under which it is registered in Antiguaand Barbuda.

(2)Thename of a ship registered in Antigua and Barbuda and registered as a charteredbareboat in a foreign register may be changed with the written permission ofthe Registrar only if such change is being effected also in the foreignregister; but such name may not be the same as that of a ship registered in theAntigua and Barbuda register.

Flag.

37.Duringthe time an Antigua and Barbuda ship is registered as a chartered bareboat in aforeign register under the provisions of this Chapter such ship shall hoist theflag of the country of the foreign register and shall not hoist the Antigua andBarbuda Flag.

Exclusiveapplication of Antigua and Barbuda law in respect of ownership and encumbrance.

38.(1)Notwithstanding that an Antigua and Barbuda ship may be registered as abareboat in a foreign register, all matters with respect to title over theship, mortgages and other encumbrances shall continue to be governed by Antiguaand Barbuda law.

(2)Anytransaction affecting the title over the ship or relating to the registration,amendment, transfer and transmission and discharge of mortgages shall be madeand registered in accordance with the provisions of this Act and only bythe  person or legal entities specifiedtherein.

 

(3)Wherea chartered bareboat is granted permission to be registered in a foreignregister under this Chapter, mortgages and other encumbrances under Antigua andBarbuda law which are a charge on the ship at the time of registration in theforeign register shall continue to exist and be a charge on the ship.

(4)Mortgagesand encumbrances referred to in subsection(3) continueto be governed by Antigua and Barbuda law and are not affected by the fact ofthe registration of the ship as a chartered bareboat in a foreign register; andsuch mortgages and other encumbrances may only be recorded in the foreignregister for purpose of information.

(5)Notwithstanding the registration of a ship as a chartered bareboat in a foreignregister under this Chapter a mortgage or encumbrance may be created over theship only by the owner and in accordance with Antigua and Barbuda law.

(4)Theowner shall immediately notify the Registrar of the closure or lapse of theregistration as a chartered bareboat in the foreign register.

Withdrawalof permission.

39.(1)A Registrar may withdraw the permission to the registration of the ship as achartered bareboat in a foreign register if —

(a)anyof the conditions of subsection (1) of section 35 of this Act has not beenfulfilled or ceases to be fulfilled; or

(b)theowner fails to comply with any other applicable provision of this Act; or

(c)thecharter agreement terminates or is terminated by any of the parties to it; or

(d)amortgagee request so in writing.

(2)Uponthe withdrawal of the permission of the Registrar under subsection (1) —

(a)theRegistrar shall endeavour to inform the appropriate authorities of the foreignregister, the owner, the charterer and the mortgagees of such withdrawal; and

(b)theowner shall forthwith cause the registration as chartered bareboat in theforeign register to be terminated.

(3)Upontermination of the permission to the registration of the ship as a charteredbareboat in a foreign register the Registrar shall make an entry thereof in theregister, and the ship shall thereupon be again subject to all the provisionsof this Act and other Antigua and Barbuda law applying to ships registered inAntigua and Barbuda and the Registrar shall again issue to the owner acertificate of an Antigua and Barbuda registration unless the owner fails tocomply with any requirement under this Act for the issuance of suchcertificate.

 

CHAPTER 4

TRANSFERS, TRANSMISSION AND MORTGAGES

Transfer of Antigua and Barbuda ship or share orinterest therein.

40.A ship registered in Antigua and Barbudaor a share therein shall be transferred only by an instrument in writing in theprescribed form called bill of sale executed in accordance with prescribedprocedure.

Transmissionon death or insolvency.

41.The property in a ship registered inAntigua and Barbuda or a share therein may be transmitted to a person on thedeath or insolvency of any registered owner by any lawful means other than by atransfer under section 40.

Mortgageof ship or share.

42.(1) A registered ship or a share thereinmay be made a security for a loan or other valuable consideration by means ofmortgage to be executed in the form and manner approved by the Registrar.

(2) Ifthere are more mortgages than one recorded in respect of the same ship orshare, the mortgagees shall, notwithstanding any express, implied orconstructive notice, have priority accordingto the date on which each mortgage is recorded in the register book and notaccording to the date of each mortgage itself.

Mortgageenot deemed to be owner.

43.Except in so far as may be necessary formaking a mortgaged ship or share available as a security for the mortgage debt,the mortgagee shall not, by reason of his mortgage, be deemed to be the ownerof the ship or share, nor shall the mortgagor be deemed to have ceased to beowner thereof.

Rightsof mortgagee.

44.A registered mortgagee of a ship shall beentitled to sell or otherwise dispose of the mortgaged ship or share in orderto recover the amount due under the mortgage and if he sells the ship, he shallhold the proceeds of the sale in excess of the amount due to him in trust forlater mortgagees, if any, and the owner, but where there is more than oneregistered mortgagee of the same ship or share, a subsequent mortgagee shallnot, except under the order of a court of competent jurisdiction, sell the shipor share therein without the concurrence of every prior mortgagee.

Mortgagenot affected by insolvency.

45.A registered mortgage of a ship or shareshall not be affected by any act of insolvency committed by the mortgagor afterthe date of the record of such mortgage and, subject to the provisions relatingto maritime liens contained in sections 49 to 51, the mortgage shall bepreferred to any right, claim or interest therein of the other creditors of theinsolvent or any trustee or assignee on their behalf.

Transferof mortgages and shares.

46.(1) A registered mortgage of a ship orshare may be transferred to any person and the instrument affecting thetransfer shall be in the prescribed form or as near thereto as circumstancespermit, and on the production of such instrument, the Registrar shall record itby entering in the register book the name of the transferee as the mortgagee ofthe ship or share and shall, by memorandum under his hand, notify on theinstrument of transfer that it has been recorded by him stating the day andhour of record.

(2) Theperson to whom any such mortgage has been transferred shall enjoy the sameright of preference as was enjoyed by the transferor.

Transmissionof interest.

47.(1) Where the interest of a mortgagee ina ship or share is transmitted on death or insolvency, or by any lawful means other than by transfer under section 46,the transmission shall be authenticated by a declaration of the person to whomthe interest is transmitted containing a statement of the manner in which andthe person to whom the property has been transmitted and shall be accompanied bythe like evidence as is required in case of a corresponding transmission of theownership of a ship or share.

(2) TheRegistrar, on receipt of the declaration and the production  of   the evidence aforesaid, shall enter the name  of the person entitled under the transmissionin the register book as mortgagee of the ship or share.

 

CHAPTER 5

MARITIME LIENS

Restrictionon deregistration.

48.A Registrar shall not permit thede-registration of a ship without the written consent of all the holders ofmortgages and preference rights in the said ship registered under this Act.

Priorityof maritime liensclaims secured by maritime liens.

49.(1) Notwithstanding the protectionenjoyed by a mortgagee under section 47, a maritime lien shall take priorityover the mortgages and preferential rights registered under this Part orarising under the law relating to bankruptcy and no other claim shall takepriority over them, except as provided in section 51

For thepurpose of this section, the claims which give rise to maritime liens are thefollowing:

(a)wagesand other sums due to the master, officers and other members of the ship’scomplement in respect of their employment on the ship;

(b)port,canal and other waterway dues and pilotage dues;

(c)claimsagainst the owner, based on tort and not capable of being based on contract, inrespect of loss of or damage to property occurring, whether on land or onwater, in direct connection with the operation of the ship;

(d)claimsagainst the owner in respect of loss of life or personalinjury, occurring, whether on land or on water, in direct connection with theoperation;

(e)claimsfor salvage, wreck removal and contribution in general average.

(2) Inthis section, “owner” includes the charterer, manager or operator of a ship.

Order of priority of maritime liens.

50.(1) The maritime liens set out in section49 (1) shall rank in the order listed therein, provided, however, that maritimeliens securing claims for salvage, wreck removal and contribution in generalaverage shall take priority over all other maritime liens which have attachedto the ship prior to the time when the operations giving rise to the said lienswere performed.

(2)Themaritime liens set out in each of the paragraphs (a), (b), (c) and (d) ofsection 49 (1) shall rank pari passu as between themselves.

(3)Themaritime liens set out in paragraph (e) of section 49 (1) shall rank in the inverse order of thetime when the claims secured thereby accrued. Claims for contribution ingeneral average shall be deemed to have accrued on the date on which thegeneral average act was performed; claims for salvage shall be deemed to haveaccrued on the date on which the salvage operation was terminated.

Rightsof shipbuilders and ship repairer.

51.In the event that preferential rights aregranted, pursuant to the provisions of the law relating to bankruptcy, inrespect of a ship in the possession of:

(a)ashipbuilder, to secure claims for the building of the ship; or

(b)aship repairer, to secure claims for repair of the ship effected during suchpossession, such lien or right of retention shall be postponed to all maritimeliens set out in section 49 (1) but may be preferred to registered mortgages orpreferential rights so long as the ship is in possession of the shipbuilder orthe ship repairer, as the case may be.

Over-ridingnature of maritime liens.

52.(1) The maritime liens set out in section49 (1) arise whether the claims secured by such liens are against the owner oragainst the demise or other charterer, manager or operator of the ship.

(2)Subjectto the provisions of section 47, the maritime liens securing the claims set outin section 49 (1) follow the ship notwithstanding any change of ownership or ofregistration.

Nolien attaching to claims related to radioactive material.

53.No maritime liens shall attach to theship securing claims as set out in paragraphs (c) and (d) of section 49 (1)which arise out of or result from the radioactive properties or a combinationof radioactive properties with toxic, explosive or other hazardous propertiesof nuclear fuel or of radioactive product or waste.

Limitationperiod.

54.The maritime liens set out in section 49(1) shall be extinguished after a period of one year from the time when theclaims secured thereby arose unless prior to the expiry of such period the shiphas been arrested, such arrest leading to a forced sale.

Interruptionof limitation period.

55.Prior to the forced sale of a ship, theexecuting officer shall give or cause to be given at least thirty days writtennotice of the time and place of such sale to —

(a)allholders of registered mortgages and other preferential rights which have notbeen issued to bearer;

(b)suchholders of registered mortgages and rights issued to bearer and such holders ofmaritime liens set out in section 49 (1) whose claims have been notified to theofficer;

(c)theRegistrar.

Effectof forced sale of ship.

56.(1) In the event of forced sale of theship, preferential rights except those assumed by the purchaser with theconsent of the holders, and all liens and other encumbrances of whatsoevernature shall cease to attach to the ship.

(2) Nocharter party or contract for the use of the ship shall be deemed a lien orencumbrance for the purpose of this section.

Proceedsof sale.

57.The costs awarded by the Court andarising out of the arrest and subsequent sale of the ship and the distributionof the proceeds shall first be paid out ofthe proceeds of such sale. The balance shall be distributed among the holdersof maritime liens under section 49 (1), the holders of preferential rightsunder section 51 and the holders of mortgages and other preferential rightsregistered under this Part in accordance with the provisions of this Part andto the extent necessary to satisfy their claims.

Certificateto the purchaser.

58.(1) When a ship registered in any Statewhich has ratified or acceded to the International Convention for theUnification of Certain Rules relating to Maritime Liens and Mortgages adoptedin Brussels on 22nd May 1967, has been the subject of a forced sale in Antiguaand Barbuda, the executing officer shall, at the request of the purchaser, andhaving ascertained that the provisions of this Part have been complied with,issue a certificate to the effect that the ship is sold free of all mortgages,liens and other encumbrances, except those assumed by the purchaser, providedthat the proceeds of the said forced sale have been deposited with thecompetent authority to distribute them to the persons entitled to them.

(2)Upon receiving a certificate as described in subsection (1) relating to anyship registered under this Act, the Registrar shall be bound to delete allregistered mortgages and other preferential rights except those assumed by thepurchaser and to register the ship in the name of the purchaser or to issue acertificate of de-registration for the purpose of de-registration of the ship,as the case may be.

 

CHAPTER 6

NATIONAL CHARACTER AND FLAG

Nationalcolours.

59.(1) The Minister shall by notificationdeclare what shall be the proper national colours for all ships registered asAntigua and Barbuda ships.

(2) Anyofficer authorised by the Minister in this regard may board any ship on whichany colours are hoisted contrary to the provision in subsection (1) and seizeand take away the colours which shall be forfeited to the Government.

Housing national colours.

60.(1) An Antigua and Barbuda ship shallhoist the national colours;

(a)on asignal being made to her by any ship authorised for this purpose by theGovernment of Antigua and Barbuda;

(b)onentering or leaving any port.

(2)This section applies also to a bareboat chartered ship registered under PartII.

Nationalityand flag to be declared before clearance.

61.(1) A customs officer shall not grantclearance to any ship unless the master of that ship has declared to thatofficer the name of the country to which he claims that she belongs andproduces in support thereof the relevant certificate of registry, and thatofficer shall thereupon inscribe that name on the clearance.

(2)If aship attempts to proceed to sea without such clearance, she may be detained byany customs officer until the declaration is made.

Unlawfulassumption of Antigua and Barbuda character.

62.No person on board a ship which is not anAntigua and Barbuda ship shall use the Antigua and Barbuda national colours,unless the assumption of Antigua and Barbuda character has been made (theburden of proving which shall lie on him) for the purpose of escaping captureby the enemy or by a foreign ship of war.

Concealmentof Antigua and Barbuda character or assumption of foreign character.

63.No owner or master of an Antigua andBarbuda ship shall knowingly do anything, or permit anything to be done, orcarry or permit to be carried, any paper or documents, with the intent toconceal the Antigua and Barbuda character of the ship from any person entitledby any law for the time being in force to enquire into the same or with theintent to assume a foreign character for the ship, or with intent to deceiveany person so entitled as aforesaid.

 

PART IV

MASTERS, OFFICERS, SEAFARERSAND CADETSCHAPTER 1

MANNINGANDCERTIFICATES

STCWConvention.

64.(1) This Part gives full effect to theprovisions of the STCW Convention in compliance with Antigua and Barbuda’sobligation under that Convention.

(2)Untilsuch time as Antigua and Barbuda is able to establish a mechanism forconducting national training or examination for seafarers or the issuing ofcertificates in its own right, it shall, pursuant to section 72, as a policy,endorse certificates issued by other Parties to the STCW Convention andrecognised by Antigua and Barbuda and by IMO under the STCW Convention.

(3)Certificatesshall be endorsed only if they are in accordance and in compliance with therequirements specified in this Act, and where the Administration issuing thecertificate is recognised by Antigua and Barbuda.

(4)TheSecond Schedule shall have effect for the purposes of manning and qualificationrequirement of Antigua and Barbuda ship.

Dispensations.

65.(1) The Director may, in circumstances ofexceptional necessity, grant dispensation to a seafarer who is adequatelyqualified, to serve in a specified ship for a period not exceeding six monthsin a capacity for which he does not hold an appropriate certificate, but holdsa recognised certificate to enable him to serve competently in the postimmediately below the post in respect of which the grant of the dispensationpermits him to serve.

(2)Nodispensation shall be granted to a seafarer to serve in the capacity of

(a)ageneral officer (within the meaning of the relevant Radio Regulations);

(b)amaster or chief engineer officer, except in circumstances of force majeure andfor the shortest period only.

(3)Wherethe STCW Convention does not require a certification of the post immediatelybelow the post in respect of which the grant of dispensation permits service, adispensation may be granted to a person who, in the opinion of Antigua andBarbuda Administration and the company, possesses the qualification andexperience equivalent to the required qualification and experience of thevacant post.

(4)Wheresuch a person as is mentioned in subsection (3) does not hold the appropriatecertificate, he shall be required to pass atest which ADOMS recognises as satisfying the qualification for the grant ofdispensation.

(5)ADOMSshall endeavour to fill such vacant post as is mentioned in subsection (4) withoutdelay.

(6)TheGovernment of Antigua and Barbuda shall, after the 1st of January of each year,submit to the Secretary General of IMO a report of:

(a)thetotal number of dispensations granted for that year to seagoing ships inrespect of each capacity for which a certificate is required; and

(b)thenumber of such seagoing ships above and below 3,000 GT respectively.

Uncertifiedand unauthorised officers.

66.Any person, who having been engaged inany of the capacities of a master, chief mate, officer in charge of anavigational watch, chief engineer or engineer officer in charge of a watch ofany ship registered under this Act goes to sea in that capacity in such shipwithout being the holder of a valid certificate of competency or endorsement ofa grade appropriate to his functions and level of responsibility or of a highergrade, commits an offence, and is liable on summary conviction to fine notexceeding one thousand dollars and imprisonment for three months.

Formof certificates and endorsement.

67.(1) Every endorsement granted under thisAct shall be in the form prescribed by the STCW Convention, and shall be madein duplicate. One copy shall be delivered to the person entitled to theendorsement and the other shall be kept by and recorded with ADOMS.

(2)Eachapplication for an endorsement at the management or operational level shall besubmitted to the Director in the approved form and shall be accompanied by suchsupporting documentation, proofs and fees as are prescribed.

(3)Eachapplicant for an endorsement at the management or operational level, whoqualifies under the provisions of the STCW Convention, will be issued an endorsement in the form prescribed bythe Convention stating that he has been found duly qualified in accordance withthe provisions of that Convention.

Responsibilities.

68.(1) Companies, masters and chiefengineers are responsible for the assignment of seafarers for service on theirships in accordance with the provisions of the STCW Convention, and shallrequire that:

(i)eachseafarer assigned to any of its ships hold an appropriate certificate orendorsement of certificate in accordance with the provisions of the STCWConvention and as implemented by ADOMS;

(ii)itsships are manned in compliance with the applicable safe manning certificate ofADOMS;

(iii)documentationand data relevant to all seafarers employed on its ships are maintained andreadily accessible, and include without being limited to, documentation anddata on their experience, training, medical fitness, and competence in assignedduties;

(iv)seafarers,on being assigned to any ship, are familiarised with their specific duties andwith all ship arrangements, installations, equipment, procedures and shipcharacteristics that are relevant to their routine or emergency duties;

(v)seafarersat the management level shall have an appropriate knowledge of the maritimelegislation of Antigua and Barbuda relevant to the functions they are permittedto perform. Antigua and Barbuda shall, therefore, establish appropriate measuresto ensure that seafarers who present, for recognition, certificates issuedunder the provisions of regulations II/2, III/2, or III/3, or issued underVII/1 of the Annex to the STCW Convention at the management level, as definedin the STCW Code, have an appropriate knowledge of such maritime legislation;

(vi)suchmeasures as are mentioned in paragraph

(v)above shall include requirements that such seafarers make a statutorydeclaration that they have read and understood the relevant legislation, andalso that the legislation be available on board ship;

(vii)theship’s complement can effectively coordinate its activities in an emergencysituation and in performing functions vital to safety or the prevention, ormitigation, of pollution;

(viii)seafarersshall undergo familiarisation concerning elementary safety matters before beingassigned their duties;

(ix)morecomprehensive training and instruction in safety and emergency matters shall beundertaken by seafarers with designated safety or pollution prevention duties;

(x)restperiods in compliance with the STCW Code Section A-VIII/1 shall be establishedand enforced as an effective measure to prevent fatigue on board Antigua andBarbuda registered ships.

(xi)Theship’s watch system is so arranged that the efficiency of all watch-keepingpersonnel will not be impaired by fatigue and that the duties are so organisedthat the first watch at the commencement of a voyage and subsequent relievingwatches are sufficiently rested and otherwise fit for duty.

(2) Anycontravention of this section shall be an offence, punishable on conviction bya fine not exceeding ten thousand dollars.

Lossof certificates.

69.(1) The holder of an endorsement which islost or destroyed may apply to the Director for a replacement. The applicationmust be supported by an affidavit duly sworn or affirmed before a Commissionerof Oaths or a Notary Public or a similar official authorised to administeroaths or affirmations.

(2)Affidavits referred to in subsection (1) must include a description of hisnational certificate and the endorsement sufficient to allow it to berecognised, state the circumstances of its loss or destruction, and besubmitted together with two standard size passport photographs of theapplicant, together with the prescribed fee.

Control procedures.

70.(1) Ships, except —

(a)stateowned ships engaged only on governmental noncommercial service;

(b)fishingvessels;

(c)pleasureyachts not engaged in trade; or

(d)woodenships of primitive build, shall be subject, while in ports of Antigua andBarbuda, to control by officers duly authorised by the Director to verify thatall seafarers serving on board who are required to be certificated by the STCWConvention are so certificated or hold an appropriate dispensation.

(2)Certificatesmentioned in subsection (1) shall be accepted unless there are clear groundsfor believing that a certificate has been fraudulently obtained or that theholder of a certificate is not the person to whom that certificate was originallyissued.

(3)Inthe event that any deficiencies are found —

(i)undersubsection (1); or

(i)under the control procedures in accordance with Regulation I/4 of the Annex to the STCW Convention; or

(iii)  according to the quality management system ofADOMS, the officer carrying out the control shall forthwith inform in writingthe master of the ship and the Consul of that State, or in his absence, thenearest diplomatic representative or the maritime authority, of that Statewhose flag the ship is entitled to fly, so that appropriate action may betaken.

(4)Thenotification referred to in subsection (3) shall specify the details of thedeficiencies found and the grounds on which it is determined that thesedeficiencies pose a danger to persons, property or the environment.

(5)Inexercising control under subsection (1), if, taking into account the size andtype of the ship and the length and nature of the voyage, the deficienciesreferred to in paragraph (3) of Regulation I/4 of the Annex to STCW Conventionare not corrected and it is determined that these deficiencies pose a danger topersons, property or the environment, ADOMS shall ensure that the ship does notsail unless and until these requirements are met to the extent that the dangerhas been removed. The facts concerning the action taken shall be reportedpromptly to the Secretary General of IMO.

(6)Whenexercising control under this section, all possible efforts shall be made toavoid a ship being unduly detained or delayed. If a ship is to be detained ordelayed the company shall be entitled to compensation for any loss or damageresulting therefrom.

(7)Thissection shall be applied as may be necessary to ensure that no more favourabletreatment is given to ships entitled to fly the flag of a nonparty than isgiven to ships entitled to fly the flag of a Party of the STCW Convention.

Conductof trials.

71.(1) Trials or series of trials for purposesof experiments on Antigua and Barbuda registered ships are prohibited.

(2) Anyperson who contravenes the provisions of subsection (1) commits an offence, and is liable onconviction to a fine not exceeding ten thousand dollars.

Recognitionof certificates issued abroad.

72.(1) ADOMS may recognise a certificateissued to a seafarer by or under the authority of a foreign country which is aParty to the STCW Convention if ADOMS is satisfied and has confirmed throughnecessary measures that:

(a)therequirements of the STCW Convention concerning standards of competence, theissue and endorsement of certificates and record keeping are fully compliedwith; and

(b)ADOMSwill be promptly notified of any significant change in the arrangements fortraining and certifications provided in compliance with the STCW Convention.

(2)WhereADOMS recognises a certificate pursuant to subsection (1), it shall endorsesuch a certificate to attest its recognition if it is satisfied that therequirements of the STCW Convention referred to in subsection (1) (a) and (b)have been and will be complied with.

(3)Theendorsement, attesting the recognition of national certificates issued by aforeign country, shall be in the form of a separate document in accordance withsection A-I/2 of the STCW Code.

(4)Anendorsement issued under subsection (2) is valid for a period of up to fiveyears from the date of issue and may be renewed on application in accordancewith the provisions of subsection (1) and section 74.

(5)ADOMSshall not recognise any national certificate issued by a country which is not aparty to the STCW Convention.

Assessmentof seafarers.

73.ADOMS shall not accept seafarers forservice on Antigua and Barbuda registered ships, unless it is satisfied that:

(a)theparties which conduct national training and assessment of seafarers conductsuch training and assessment in full compliance with the provisions of the STCWConvention;

(b)thetraining and assessment of seafarers, as required under the STCW Convention,are administered, supervised and monitored in accordance with the provisions ofSection A-I/6 of the STCW Code;

(c)thepersons responsible for the training and assessment of competence of seafarersas required under the STCW Convention are appropriately qualified in accordancewith the provisions of section A-I/6 of the STCW Code for the type and level oftraining or assessment involved.

Revalidationof certificates.

74.(1) The endorsement of a master or otherofficer which has been issued under section 72(2) shall not be valid forseagoing service unless the certificate to which it relates is revalidated atintervals not exceeding 5 years in order to establish continued professionalcompetence in accordance with section A-I/11 of the STCW Code.

(2)Acertificate of a category referred to in paragraph 4 of the Second Scheduleshall not be valid for seagoing service unless it has been revalidated, atintervals not exceeding 5 years, in order to establish continued professionalcompetence in accordance with section A-I/11 of the STCW Code.

(3)Everymaster and officer shall, for continuing seagoing service on ships referred toin paragraph 5 of the Second Schedule, successfully complete approved refreshertraining at intervals specified by the Party issuing the certificate.

Offencesrelating to certificates etc.

75.Any person who:

(a)fraudulentlymakes use of or forges any certificate, endorsement, dispensation, or documentevidencing any qualification or acceptance of a qualification of any officialcopy thereof or,

(b)fraudulentlymakes use of any such document which is forged, altered, cancelled or suspendedor to which he is not justly entitled, or

(c)fraudulentlylends such a document or seafarer’s book to, or allows the same to be used byany other person, commits an offence, and is liable on conviction to a fine notexceeding five thousand dollars or to imprisonment for threemonths, or both.

 

CHAPTER 2

DISQUALIFICATION OF SEAFARERS ANDINQUIRIES

Inquiryinto fitness or conduct of officer.

76.(1) If it appears to the Director that anofficer —

(a)isunfit to discharge his duties, whether by reason of incompetence or misconductor for any other reason; or

 

(b)hasbeen seriously negligent in the discharge of his duties; or

(c)hasfailed to render such assistance or give such information as required bysection 122; or

(d)obtainedhis endorsement by reason of false or erroneous information the Director mayrefer the matter to the Tribunal established for the purposes of this Part and,if he does so, may if he thinks fit, suspend, pending the outcome of theinquiry, any endorsement issued to the officer and require the officer todeliver it to him.

(2)TheTribunal holding an inquiry under this section into the fitness or conduct ofan officer —

(a)may,if satisfied of any of the matters mentioned in paragraphs (a) to (d) ofsubsection (1), cancel or suspend any endorsement issued to him or censure him;

(b)maymake such order with regard to the costs of the inquiry as they think just; and

(c)shallmake a report on the case to the Minister, and if the endorsement is cancelledor suspended the officer (unless he has delivered it to the Director inpursuance of subsection (1)) shall deliver it forthwith to the Tribunal or theDirector.

(3)Ifthe officer fails to deliver an endorsement as required by subsection (2) hecommits an offence, and is liable on summary conviction to a fine not exceedingone thousand dollars.

(4)Anycosts which a person is ordered to pay under subsection (2) (b) may berecovered from him by the Director.

(5)Wherean endorsement is suspended or cancelled under this section, the Director shallsend a copy of the report on the case and of the evidence to the government ofthe country which issued the certificate of the officer concerned.

(6)Onthe coming into force in Antigua and Barbuda of the provisions of the STCWConvention affecting the implementation ofexamination and assessment of officers, this section shall apply tocertificates issued to officers as it applies to endorsements.

Disqualificationof holder of certificates other than officer’s certificate.

77.(1) Where it appears to the Director thata person who is the holder of a dispensation issued under section 65, or aqualification accepted under section 73, is unfit to be the holder of such acertificate or acceptance, whether by reason of incompetence or misconduct orfor any other reason, the Director may give him notice in writing that he isconsidering the suspension or cancellation of the dispensation or acceptance.

(2)Thenotice must state the reasons why it appears to the Director that that personis unfit to be the holder of such a dispensation or acceptance and must statethat within a period specified in the notice, or such longer period as theDirector may allow, he may make written representations to the Director orclaim to make oral representations to the Director.

(3)Afterconsidering any representations made in pursuance of subsection (2) theDirector shall decide whether or not to suspend or cancel the dispensation oracceptance and shall give the holder of it written notice of his decision.

(4)Wherethe decision is to suspend or cancel the dispensation or acceptance the noticeshall state the date from which the cancellation is to take effect, or the datefrom which and the period for which the suspension is to take effect, and shallrequire the holder to deliver the dispensation or acceptance to the Directornot later than the date so specified.

Furtherpower to cancel, suspend or withdraw endorsements etc.

78.(1) Any endorsement, dispensation oracceptance may be cancelled, suspended or withdrawn for a specified period bythe Tribunal in the following cases —

(a)if,on any investigation or inquiry made by any court, tribunal or other authorityfor the time being authorised by the legislative authority in any countryoutside Antigua and Barbuda and the court, tribunal or other authority reportsthat the seafarer is:

(i)incompetentor has been guilty of any act of gross misconduct;

(ii)orin the case of collision, has failed to render assistance or to give suchinformation as is referred to in Part V; or

(iii)theloss, stranding or abandonment or damage to any ship, or loss of life, has beencaused by his wrongful act or default;

(b)ifthe seafarer is proved to have been convicted:

(i)ofany offence under this Act or of any non- bailable offence committed under anyother law for the time being in force in Antigua and Barbuda; or

(ii)ofan offence committed outside Antigua and Barbuda which if committed in Antiguaand Barbuda would be a non-bailable offence.

 

CHAPTER 3

ENGAGEMENT AND DISCHARGE OF CREWS

Physicalfitness and medical standards.

79.(1) No seafarer may be engaged or carriedout to sea to work in any capacity in any ship unless he possesses theprescribed qualifications for complete seagoing service and any relatedcompulsory training and meets the standards of medical fitness.

(2)Physicalfitness in accordance with medical standards are required for seafarers as aprerequisite for holding a certificate of competency with particular regard toeyesight and hearing and in accordance with Section BI/9-1 and 9-2 of the STCWCode.

(3)Oncompletion of the physical examination a report shall be issued on behalf ofthe Government of Antigua and Barbuda which complies with the requirements ofthe Medical Examination Convention 1946 (ILO No. 73) and the STCW Convention.

(4)Thephysical examination report may be cancelled or suspended if an authorised andapproved medical practitioner has reasonable grounds for believing that therehas been a significant change in the physical fitnessof a seafarer or his condition was not such as to be considered fit for thepurpose of the certificate at the time the certificate was issued.

(5)Thephysical examination report shall remain in force for a period not exceedingtwo years from the date on which it was established. In so far as a physicalexamination report relates to colour vision it shall remain in force for aperiod not exceeding six years from the date on which it was granted.

(6)Anyperson who wilfully conceals any medical history or mental or physicaldisability, which might render the applicant unfit for service on board a shipcommits an offence, and is liable on summary conviction to a fine not exceedingone thousand dollars; and a certificate of competency or endorsement which mayhave been issued to him shall bevoid ab initio and be immediately cancelled.

Crew agreement

80.(1) The master of every ship of over 80GT shall enter into an agreement in accordance with this Act with everyseafarer whom he engages and carries to sea as one of his crew.

(2)Theagreement made under this section with the several members of the crew employedon a ship shall be contained in one document (in this Act referred to as “crewagreement”) except that in such cases as the Director may approve:

(a)theagreement to be made under this section with the members of the crew in a shipmay be contained in more than one crew agreement;

(b)onecrew agreement may relate to more than one ship.

(3)Theagreement with the crew shall be in the prescribed form and shall contain theterms and conditions of the employment of the members of the crew, the durationof the intended voyage, an indication whether the agreement is for one voyageor a running agreement covering two or more voyages, and such other particularsas may be prescribed.

(4)Subjectto the following provisions of this section, a crew agreement shall be carriedin the ship to which it relates, whenever the ship proceeds to sea.

(5)TheDirector may also grant exemptions from the requirements of this section(whether with respect to particular seafarers or with respect to seafarersemployed by a specified person or in a specified ship or in the ship of aspecial person) in cases where he is satisfied that the seafarers to beemployed otherwise than under a crew agreement will be adequately protected.

(6)If aship goes to sea or attempts to go to sea in contravention of the requirementsof this section —

(i)themaster or the person employing the crew commits an offence, and is liable onsummary conviction to a fine not exceeding one thousand dollars; and

(ii)theship, if in Antigua and Barbuda, may be detained.

Compensationto seafarers improperly discharged.

81.(a) If a seafarer, having signed anagreement, is discharged otherwise than in accordance with the terms thereofwithout fault on his part justifying the discharge, and without his consent, heshall be entitled to receive from the master, owner or agent of the ship, inaddition to any wages which he may have earned, due compensation for the damagecaused to him by the discharge, not exceeding one month’s wages if thedischarge has taken place before the commencement of the voyage and two months’wages, if it has taken place after the commencement of the voyage.

(b) The compensation payable may be recovered aswages duly earned.

Employmentof children and young persons as seafarers.

82.(1) No child, which expression for thepurposes of this section means a person under fifteen years of age, shall beemployed in any Antigua and Barbuda ship.

(2)Thissection does not apply to a ship in which only members of one family areemployed.

(3)Noyoung person under the age of eighteen years shall be employed in any capacityin any ship unless there has been deliveredto the master of the ship a certificate granted by a duly qualified medicalpractitioner certifying that such person is fit to be employed in thatcapacity.

(4)Everysuch certificate:

(a)shallbe valid for one year from the date of issue unless revoked under theprovisions of this section; and

(b)mayat any time be revoked by a duly qualified medical practitioner if he issatisfied that a young person is no longer fit for work.

(5)Noyoung person under the age of eighteen years shall be employed or work on anyship as a trimmer or stoker.

Noderogation from international law relating to employment of children and youndpersons.

83.The provisions relating to the employmentof children and young persons as seafarers shall in no case derogate frominternational law in the same field.

Noousting of jurisdiction.

84.In no case may crew agreements andcontracts of employment of persons under eighteen years of age on board shipdeprive the courts of Antigua and Barbuda from hearing and determining disputesrelating to them.

 

CHAPTER 4

PAYMENT OF WAGES

Timeand manner of payment.

85.The master or owner of an Antigua andBarbuda ship shall pay to each seafarer belonging to that ship his wages, ifdemanded, within two days after the arrival of the ship at the port where thecrew is to be discharged or upon the seafarer’s discharge, whichever firsthappens.

Masterto deliver account of wages.

86.(1) The master of every ship shall,before paying off or discharging a seafarer, deliver at the time and in themanner provided by this Act a full and true account of the seafarer’s wages andof all deductions to be made therefrom for any reasons whatever.

(2) Theaccount shall be delivered to the seafarer not less than twenty-four hoursbefore his discharge or payment off.

Deductions

87.(1) A deduction from the wages of a seafarershall not be allowed unless it is included in the account delivered inpursuance of section 86, except in respect of a matter happening after thedelivery.

(2) Themaster shall, during the voyage, enter the various matters in respect of whichthe deductions are made, with the amount of the respective deductions as theyoccur in a book kept for that purpose, and shall if required produce the bookat the time of the payment of wages and also upon the hearing before anycompetent authority of any complaint or question relating to that payment.

Settlementof wages

88.(1) When a seafarer is discharged, andthe settlement of his wages completed, he shall sign a release, in an approvedform, of all claims in respect of the past voyage or engagement, and therelease shall be signed by the master or owner of the ship.

(2)Therelease, so signed and attested, shall operate as a mutual discharge andsettlement of all demands between the parties thereto in respect of the pastvoyage or engagement.

(3)Therelease shall be delivered to and retained by the owner for a period of sevenyears after the expiration of the agreement and shall be produced on demandmade therefor by a Registrar or other proper officer.

Director’sdecision as to wages.

89.Where any question, of whatever natureand whatever the amount in dispute, between a master or owner and any of hiscrew is raised before the Director, and both parties agree in writing to submitthe same to him, the Director shall hear and decide the question so submitted;and an award made by him on the submission shall be conclusive as to the rightsof the parties, and a document purporting to be the submission or award shallbe admissible in evidence in the manner provided by this Act.

Directormay require ship’s papers

90.(1) In any proceeding under this Actbefore the Director relating to wages, claims or discharge of a seafarer, theDirector may require the owner or his agent or the master or any mate or othermember of the crew to produce any logbooks, papers or other documents in hispossession or power relating to a matter in question in the proceeding, and mayrequire the attendance of and examine any of those persons who are then at ornear the place on the matter, and may administer oaths.

(2) Inany proceedings under this Act before the Director relating to the wages,claims or disputes or discharge of seafarers, all travelling and other expensesincurred by the Director shall be met by the owner or master of the ship indispute.

Rateof exchange.

91.Where a seafarer has agreed with themaster of an Antigua and Barbuda ship for payment of his wages in a specificcurrency, any payment of or on account of his wages if made in any othercurrency than that stated in the agreement, shall,  notwithstanding anything in the agreement, bemade at the rate of exchange for the money stated in the agreement for the timebeing current at the place where the payment is made, and such rate of exchangeshall be endorsed on the agreement by a consular officer at that place.

Restrictionon assignment of and charge upon wages.

92.(1) Subject to subsections (2) and (3),the following provisions shall have effect with respect to the wages due oraccruing to a seafarer employed in a ship registered in Antigua and Barbuda, thatis to say:

(a)thewages shall not be subject to any form of attachment;

(b)assignmentsof wages before they have accrued shall not bind the seafarer and the paymentof the wages shall be in any case valid notwithstanding any previous assignmentor charge;

(c)apower of attorney or authority for the receipt of wages shall not beirrevocable.

(2)Nothingin this section shall affect the provisions of this Act with respect toallotment notes.

(3)Nothingin this section applies to application of wages:

(a)in thepayment of contributions to a fund designated by regulations ;

(b)inthe payment of contributions in respect of a body designated by regulations.

Powerof court to award interest on wages due otherwise than crew agreement.

93.In any proceedings by the master of aship or person employed in a ship otherwise than under a crew agreement for therecovery of any sum due to him as wages, the court, unless it appears to itthat the delay in paying the sum was due to a mistake,to a reasonable dispute as to liability or to the act or default of the personclaiming the amount or to any other cause not being the wrongful act or defaultof the person liable to make the payment or his servant or agents, may orderthem to pay in addition to the sum due, interest on it at the rate of twentypercent per annum or such lower rate as the court may specify, for the periodbeginning seven days after the sum became due and ending when the sum is paid.

Allotmentnotes

94.Subject to any regulations made pursuantto section 7, a seafarer may, by means of an allotment note, allot to anyperson part of the wages to which he will become entitled in the course of hisemployment in a ship or ships registered in Antigua and Barbuda.

Wageson termination of service by wreck, illness, etc.

95.(1) Where the service of any seafarerengaged under this Act terminates before the date contemplated in the agreementby reason of the wreck, loss or abandonment of the ship or by reason of hisbeing left on shore at any place outside Antigua and Barbuda under acertificate granted under this Act of his unfitness or inability to proceed onthe voyage, the seafarer shall be entitled to receive:

(a)inthe case of wreck, loss or abandonment of the ship;

(i)wagesat the rate to which he was entitled on the date of termination of his servicefor the period from the date his service is so terminated until he is returnedto and arrived at a proper return port; provided that the periods for which heshall be entitled to receive wages shall be not less than one month; and

(ii)compensationfor the loss of his effects in the case of a seafarer employed on a home tradeship, of not less than one month’s wages; and in the case of a seafareremployed on a foreign going ship, of not less than three months wages;

(b)inthe case of unfitness or inability to proceed on the voyage, wages for theperiod from the date his service is terminated until he is returned to andarrives at a proper return port.

(2)Aseafarer shall not be entitled to receive wages under subsection (1) (a) inrespect of any period during which:

(a)hewas or could have been suitably employed; or

(b)throughnegligence he failed to apply to the proper authority for relief as adistressed or destitute seafarer.

(3)Anyamount payable by way of compensation under subsection (1) (a) (ii) shall bedeposited with the Director or proper officer at the port of engagement inAntigua and Barbuda for payment to the seafarer or, in the case of a deceasedseafarer, to his legal heirs.

(4)Whena ship registered in Antigua and Barbuda is sold while outside Antigua andBarbuda or ceased to be so registered and a seafarer’s employment in the shipis thereby terminated before the date contemplated in the agreement under whichhe is so employed, unless it is otherwise provided in the agreement, he shall,subject to the following provisions of this section, be entitled to wages atthe rate payable under the agreement on the date on which his employment isterminated for the period for which he remains unemployed, subject to a maximumperiod of two months.

(5)Aseafarer shall not be entitled to wages under subsection

(4)forany period for which he was unemployed if it is shown:

(a)thatthe unemployment was not due to the termination of his employment on the saleof the ship or its ceasing to be registered in Antigua and Barbuda; or

(b)thatthe seafarer was able to obtain suitable employment for that period butunreasonably refused or failed to take it.

Protectionof rights and remedies.

96.(1) A seafarer’s lien, his remedies for therecovery of his wages, his right to wages in case of the wreck or loss of hisship, and any right he may have or obtain in the nature of salvage shall not becapable of being renounced by any agreement.

(2)Subsection (1) does not affect such of the terms of any agreement made with theseafarers belonging to a ship which in accordance with the agreement is to beemployed on salvage service, with respect to the remuneration to be paid tothem for salvage services rendered by that ship.

Remediesof master.

97.The master of a ship shall have the samerights, liens and remedies for the recovery of his wages as a seafarer hasunder this Act as well as for the recovery of all disbursements or liabilitiesproperly made or incurred by him on account of the ship.

Deductionfrom wages.

98.(1) A deduction from the wages of aseafarer shall not be allowed unless it is included in the account delivered inpursuance of section 86, except in respect of a matter happening after such delivery.

(2) Themaster shall, during the voyage, enter the various matters in respect of whichthe deductions are made, with the amounts of the respective deductions, as theyoccur, in a book kept for that purpose, and shall, if required, produce the bookat the time of payment of wages, and also upon the hearing before any competentauthority of any complaint of question relating to that payment.

Wagesnot to depend on freight.

99.(1) The right to wages shall not dependon the earning of freight, and every seafarer who would be entitled to demandand recover any wages if the ship in which he has served had earned freight,shall, subject to all other rules of law and conditions applicable to the case,be entitled to demand and recover the same, notwithstanding the freight has notbeen earned, but in all cases of wreck, or loss of ship, proof that theseafarer has not exerted himself to the utmost to save the ship, cargo andstores shall bar his claim for wages.

(2)Where a seafarer who would be entitled by virtue of this section to demand andrecover any wages dies before the wage is paid, the wages shall be paid andapplied in the same way as the wages of a seafarer who dies during a voyage.

Refusal to work and illness caused by his owndefault.

100.(1) A seafarer shall not be entitled towages for any time during which he unlawfully refuses or neglects to work whenrequired, whether before or after the time fixed by the agreement for hiscommencement of such work, or for any period during whichhe is lawfully imprisoned for any offence committed by him, unless the courthearing the case otherwise directs.

(2)Where a seafarer is, by reason of illness, incapable of performing his duty,and it is proved that the illness had been caused by his own wilful act ordefault, he shall not be entitled to wages for the period during which he is,by reason of the illness, incapable of performing his duty.

 

CHAPTER 5

PROVISIONSAS TO DISCIPLINE

Endangeringsafety of ship or of persons on board.

101.If any seafarer, on a ship registered inAntigua and Barbuda, by breach of duty:

(a)doesany act tending to the loss or destruction of or serious damage to the ship, ortending to endanger the life of or cause injury to any person belonging to, oron board, the ship; or

(b)refusesor omits to do any lawful act proper and requisite to be done by him forpreserving the ship from immediate loss, destruction or serious damage, or forpreserving any person belonging to, or on board, the ship from immediate dangerto life or from injury; he commits an offence, punishable on summary convictionto a fine not exceeding five thousand dollars or imprisonment for a term notexceeding two years, or both.

Generaloffences against discipline

102.(1) A seafarer engaged on an Antigua andBarbuda ship who does any of the following acts commits an offence

(a)ifhe quits the ship without leave after her arrival at a port and before she isplaced in security;

(b)ifhe willfully disobeys any lawful command;

(c)ifhe assaults the master or any mate or officer of the ship;

(d)ifhe combines with any of the crew to disobey lawful commands or to neglect dutyor to impede the navigation of the ship or the progress of the voyage;

(e)ifhe willfully damages his ship or dishonestlymisappropriates or converts to his own use, or commits criminal breach of trustin respect of, or willfullydamages, any of her stores or cargo;

(f)ifhe commits an act of smuggling whereby loss or damage is occasioned to themaster or owner of the ship;

(2) Anyperson who commits an offence under subsection

(1)isliable on summary conviction to a fine not exceeding three thousand dollars,and in the case of an offence under paragraph (c), (d) or (e) to imprisonmentfor three months or both.

Refusalto serve on unseaworthy ship.

103.A seafarer who refuses to join the shipor proceed to sea, if the ship on which he is engaged or to which he belongs isunseaworthy, shall not be deemed to have committed an offence againstdiscipline, if the seafarer has, before refusing to do so, complained to themaster or the proper officer that the ship is unseaworthy.

Tradedisputes involving seafarers.

104.Notwithstanding anything in any agreementa seafarer employed in a ship registered in Antigua and Barbuda may terminatehis employment in that ship by leaving the ship in contemplation on furtheranceof a trade dispute after giving to the master not less than forty-eight hours’notice of his intention to do so, and shall not be compelled (unless the noticeis withdrawn) to go to sea in the forty-eight hours following the giving ofsuch notice; but such a notice shall be of no effect unless at the time it isgiven the ship is in Antigua and Barbuda and securely moored in a safe berth.

Entryof offences in log-book.

105.If any offence, within the meaning ofthis Act, of desertion or absence without leave or against discipline iscommitted, or if any act of misconduct is committed for which the offender’sagreement imposes a fine, and it is intended to enforce the fine

(a)anentry of the offence or act shall be made in the official logbook and signed bythe master and the mate or one of the crew;

(b)theoffender, if still in the ship, shall, before the next subsequent arrival ofthe ship at any port or if she is at the time in port before her departuretherefrom, either be furnished with a copy of theentry or have the same read over distinctly and audibly to him, and maythereupon make such reply thereto as he thinks fit;

(c)astatement of a copy of the entry having been so furnished, or of the entryhaving been so read over, and in either case, the reply, if any, made by theoffender shall likewise be entered and signed in the manner aforesaid; and

(d)inany subsequent legal proceedings the entries by this section required shall, ifpracticable, be produced or proved, and, in default of that production orproof, the court hearing the case may, in its discretion, refuse to receiveevidence of the offence or act of misconduct.

Offenceof making false statement.

106.(1) Any seafarer, who on or before beingengaged wilfully and fraudulently makes a false statement of the name of theship on which he served last, or wilfully and fraudulently makes a falsestatement of his own name, commits an offence, punishable on conviction to afine not exceeding two thousand dollars.

(2)Anyfine imposed pursuant to subsection (1) may be deducted from any wages whichthe seafarer may earn by virtue of his engagement and shall, subject toreimbursement of the loss and expenses, if any, occasioned by any desertionprevious to the engagement, be paid and applied in the same manner as any otherfine under this Act.

Suspensionof certificate of discharge.

107.If it is shown to the satisfaction of theRegistrar that a seafarer is unfit to discharge his duties, whether by reasonof incompetence or misconduct or for any other reason or has been seriouslynegligent in the discharge of his duties, the Registrar may direct that theSeafarer’s Certificate of Discharge which entitles him to work as seafarershall be withheld for such period as may be specified in the direction.

 

CHAPTER 6

RELIEF AND REPATRIATION OF SEAFARERLEFTBEHIND

Maintenanceand repatriation of seafarers left behind.

108.(1) Where a seafarer serving in a shipregistered in Antigua and Barbuda —

(a)isleft behind in any country outside that of his port of engagement or is takento such a country on being shipwrecked;

(b)isdischarged without his consent other than at his port of engagement before theexpiration of the period for which the seafarer was engaged or apprentice wasbound;

(c)isdischarged at a port outside his port of engagement by reason of transfer ofregistry or sale of the ship as provided for in section 95 (4) the master orowner of the ship shall, in addition to any other relative obligation imposedon either of them by this Act, make adequate provision for the maintenance ofthe seafarer and for the return to a proper port.

(2)Theprovision to be made may include, in the case of a shipwrecked seafarer, therepayment of expenses incurred in bringing him ashore and maintaining him untilhe is brought ashore and the payment of the expenses of the burial or cremationof a seafarer who dies before he can be returned.

(3)Ifthe master or owner fails, without reasonable cause, to comply with subsection(1), the expenses of maintenance and of the journey to the proper return portshall, if defrayed by the seafarer, be recoverable as wages due to him and, ifdefrayed by an Antigua and Barbuda diplomatic or consular officer, be regardedas expenses falling within the scope of section 109.

Reliefof distressed seafarers.

109.The Antigua and Barbuda diplomatic orconsular officer at or near the place where the seafarer is in distress shall,on application being made to him by the distressed seafarer, provide for hisreturn to a proper port and also for his maintenance until his arrival at suchport.

 

CHAPTER 7 LOG BOOKS

APPROVED BY THE IMO

Form,maintenance and custody of log-book.

110.(1) An official logbook meetinginternational standards shall be kept in the prescribed form in every Antiguaand Barbuda ship except a ship of less than two hundred GT.

(2)Anentry required by this Act in an official logbook shall be made as soon aspossible after the occurrence to which it relates, and if not made on the sameday as that occurrence, shall be made and dated so as to show the date of theoccurrence and of the entry respecting it and if made in respect of anoccurrence happening before the arrival of the ship at her final port ofdischarge, shall not be made more than twenty-four hours after that arrival.

(3)Everyentry in the official logbooks shall be signed by the master and by an officeror some other member of the crew and also, if it is an entry of illness, injuryor death, shall be signed by the surgeon or medical practitioner on board, ifany.

(4)Everyentry made in an official logbook in the manner provided by this Act shall beadmissible in evidence.

Entriesrequired in official log-book.

111.The master of a ship for which anofficial logbook is required shall enter or cause to be entered in the officiallogbook at least the following matters, namely:

(a)everyconviction by a court of competent jurisdiction of a member of his crew and thepunishment inflicted;

(b)everyoffence committed by a member of his crew for which it is intended to prosecuteor to enforce a forfeiture or to exact a fine together with such statementconcerning the copy or reading over of that entry and concerning the reply, ifany, made to the charge as required by this Act;

(c)everyoffence for which punishment is inflicted on boardand the punishment inflicted;

(d)everycase of illness or injury happening to a member of the crew with the naturethereof and the medical treatment adopted, if any;

(e)everyrefusal of a member of the crew to take anti- scorbutics or medicines;

(f)everybirth of a child and death of a person happening on board together with suchparticulars of those occurrences as may be prescribed;

(g)thename of every seafarer who ceases to be a member of the crew otherwise than bydeath, with the place, time, manner and cause thereof;

(h)thewages due to any seafarer who dies during the voyage and the gross amount ofall deductions to be made therefrom;

(i)themoney and other property taken over of any seafarer who dies during the voyage;

(j)thesale of the effects of any seafarer who dies during the voyage including astatement of each article sold and the sum received for it;

(k)everycollision with any other ship and the circumstances under which the sameoccurred and other accidents causing damage to the ship or cargo;

(l)thedate and time of posting up in the ship of a notice containing particulars ofthe ship’s draught and freeboard;

(m)anymatter required by the ISPS Code to be entered in the official log book;

(n)anyact or attempted act of piracy;

(o)anyextreme or unusual weather; and

(p)anyother matter directed by this Act or required by a Convention to which Antiguaand Barbuda is a party.

Deliveryof official logbook to Director when not required.

112.(1) If a ship is lost or abandoned, themaster or owner thereof shall, if practicable, and as soon as possible, deliveror transmit to the Director the official logbook duly made out to the time ofthe loss or abandonment.

(2)Theowner or master of a ship who fails, without reasonable cause, to comply withthis section commits an offence and is liable on summary conviction to a finenot exceeding one thousand dollars.

Offencesin respect of logbook

113.(1) If an official logbook is not kept inthe manner required by this Act, or if any entry directed by this Act to be made therein is not made at the time and in themanner directed by this Act, the master of the ship commits an offence.

(2)Anyperson who makes, or procures to be made, or assists in making an entry in anofficial log book in respect of any occurrence happening previous to thearrival of the ship at her final port of discharge more than twenty-four hoursafter that arrival commits an offence.

(3)Anyperson who wilfully destroys or mutilates or renders illegible an entry in anofficial log book, or wilfully makes or procures to be made or assists inmaking a false or fraudulent entry in, or omission from, an official log book,commits an offence.

(4)Anyperson convicted of an offence under this section is liable to a fine notexceeding one thousand dollars.

Seafarer’sbook

114.(1) Every person employed on an Antiguaand Barbuda ship shall have in his possession an official Antigua and Barbudaseafarer’s identification book, containing any certificates, endorsements orentries of special qualification issued to the holder.

(2)Subsection(1) does not apply to any person who is employed on a passenger ship where heis not assigned or required to perform ship safety and pollution related shipboardduties.

(3)Everyapplicant making first application for a seafarer’s book must show evidence ofhaving received basic training or instruction as applicable in personalsurvival, fire prevention and fire fighting, elementary first aid, and personalsafety and social responsibilities, in accordance with section A VI/1 of STCW Code.

(4)Anyseafarer serving aboard an Antigua and Barbuda ship, being the holder of avalid seafarer’s identity document issued by another State, is eligible toapply for an Antigua and Barbuda seafarer’s book.

 

CHAPTER 8

RIGHTS AND DUTIES OF MASTER

Rightsand duties of master.

115.The master shall exercise command of theship and have, among others, the following rights and duties:

(a)heshall be responsible for maintaining order and discipline on board;

(b)heshall ensure compliance, so far as they relate to his ship, with the laws ofAntigua and Barbuda, and with maritime conventions to which Antigua and Barbudais a party;

(c)heshall assume full responsibility for the safety and security of the ship,passengers, crew and cargo, and shall take all necessary and appropriate stepsin this behalf;

(d)heshall assume full responsibility for navigation at all times and he is bound tobe in personal control of the ship when entering or leaving ports, canals andrivers and also while within port areas; the employment of a pilot or tug boaton such occasions, as required under the local laws, does not relieve him ofhis responsibility for the safety of the ship;

(e)heshall take care at the beginning of and during the voyage that the ship isseaworthy in all respects, that the cargo has been properly loaded and securedand that all reasonable measures have been taken to protect the cargo fromdamage, pilferage or loss;

(f)whileaway from home port, he shall have authority, if necessary, to raise loans andenter into contracts in the name of the owners or take such other steps as maybe considered necessary, for carrying out repairs, for supplying the ship withbunkers, provisions, stores and similar articles in order to avoid detention tothe ship on its voyage;

(g)heshall ensure that the ship’s log book are properly and correctly maintained andshall keep in his custody the log book and all other ship’s documents;

(h)he shallrender, so far as he can do so without jeopardising the safety of the ship andpersons on board, every assistance to ships and persons in distress at sea asrequired under section 122;

(i)inthe event of the ship encountering foul weather or any other accident during avoyage causing damage to or loss of cargo, he shall, at the next port of call,file a marine protest with the prescribed authority giving a detaileddescription of the accident;

(j)whenthe ship is at sea, he is authorised to —

(i)issuebirth certificates for children born at sea;

(ii)burypersons who have died on board the ship;

(k)heshall, when the ship is in imminent danger of loss or destruction, take allpossible measures to save first the passengers and then the crew; he should be thelast to leave the ship, and shall take care, if possible, to save the log bookand other documents of the ship and valuables and money belonging to the ship.

 

PART V

SAFETY OF NAVIGATION CHAPTER 1

GENERAL

Prescribedcomplement of certificated crew.

116.The company and the master shall ensurethat every ship is manned with the prescribed complement of crew, dulycertificated, applicable to the intended voyage, and that during such voyage itis kept so manned.

Recordof boat drill or fire drill.

117.(1) The master of every Antigua andBarbuda ship shall cause to be entered in the official log book a statement or,if there is no official log book, cause other record to be kept, of everyoccasion on which boat drill or fire drill is practised on board the ship; andif—

(a)inthe case of a passenger ship, boat drill or fire drill is not practised on boardthe ship in any week;

(b)inthe case of any other ship, boat drill or fire drill is not practised on boardthe ship in any two weeks, the master shall cause a statement to be entered orother record to be kept as aforesaid of the reasons why the drill was notpractised in that week or two- weeks period, as the case may be.

(2) Themaster of a ship who fails to comply with the requirements of this sectioncommits an offence and liable on summary conviction to a fine not exceeding onethousand dollars.

Reportof accident and loss of ship.

118.(1) Without prejudice to Regulation I/11of the SOLAS Convention, when any ship to which this section applies —

(i)hassustained or caused any accident, or a defect is discovered, which affects theefficiency or completeness of its lifesaving appliances or other equipment; or

(ii)hasbeen in collision with another ship, the master shall transmit to the Directora report of the accident or defect, and of the probable cause thereof, statingthe name of the ship, her official number, if any, and the port at which she isregistered.

(2)Withoutprejudice to Regulation I/11 of the SOLAS Convention —

(a)ifthe managing owner, or in the event of there being no managing owner or no suchowner resident in Antigua and Barbuda, the agent, of any ship to which thissection applies has reason to believe that the ship has sustained or caused anysuch accident, or any such defect has occurred, he shall satisfy himself thatthe accident or damage has been reported by the master as required bysubsection (1); and

(b)ifany such managing owner or agent has reason to apprehend that the accident ordamage has not been so reported, he shall as soon thereafter as possible, sendto ADOMS notice in writing stating the name of the ship, her official number ifany, and the port at which she is registered or to which she belongs, andstating also, to the best of his knowledge and belief,the nature and extent of the accident or damage, the probable cause thereof andthe place where the ship then is.

(3)Thissection applies to any ship to which any such accident or damage as ismentioned in the foregoing provisions of this section occurs or is believed tohave occurred, on or near the coasts of Antigua and Barbuda.

(4)Themaster or managing owner or agent who fails, without reasonable cause, tocomply with this section commits an offence and is liable on summary convictionto a fine not exceeding two thousand dollars.

Apprehendedloss of the ship.

119.(1) If the managing owner or, in theevent of there being no managing owner, or no such owner resident in Antiguaand Barbuda, the agent of any ship to which this section applies, has reason,owing to the nonappearance of the ship or to any other circumstance, toapprehend that the ship has been totally lost, he shall, as soon thereafter aspossible, send to ADOMS notice in writing stating —

(i)thename of the ship,

(ii)herofficial number, if any, and

(iii)theport at which she is registered, and stating also to the best of his knowledgeand belief, the probable cause of the loss.

(2)Thissection applies to:

(a)Antiguaand Barbuda ships; and

(b)otherships which are lost or are supposed to have been lost on or near the coasts ofAntigua and Barbuda.

(3)Amanaging owner or agent who fails without reasonable cause to comply with thissection within a reasonable time commits an offence and is liable on summaryconviction to a fine of two thousand dollars.

 

 

CHAPTER 2

PREVENTION OF COLLISIONS

CollisionRegulations.

120.(1) This section applies to —

(a)shipswhich are registered in Antigua and Barbuda;

(b)otherships while they are in Antigua and Barbuda waters;

(c)seaplaneson the surface of the water which are registered in Antigua and Barbuda;

(d)otherseaplanes on the surface of the water while they are in Antigua and Barbudawaters.

(2)Inthis section, “master” includes pilot of a seaplane.

(3)Shipsand seaplanes to which this section applies shall use the signals of distressset out in Annex IV of the Collision Regulations Convention.

(4)Shipsand seaplanes to which this section applies shall comply with the provisions ofthe Collision Regulations Convention:

Providedthat nothing in this subsection shall be taken to require compliance by anyship or class of ships, which in pursuance of the Collision RegulationsConvention or a provision thereof has been exempted from compliance with thesame.

(5)Wheresubsection (3) or (4) is contravened, the owner of the ship or seaplane and themaster commits an offence and isliable on summary conviction —

(a)inthe case of a contravention of Rule 10 (b) (i) of the Rules annexed to theCollision Regulations Convention, to a fine not exceeding fifty thousanddollars or a term of imprisonment not exceeding two years or to both;

(b)inall other cases, to a fine not exceeding five thousand dollars or to a term ofimprisonment not exceeding six months or to both;

(6)Ifany damage to property arises from the nonobservance of Collision RegulationsConvention, the damage shall be deemed to have been caused by the wilfuldefault of the person in charge of the ship, seaplane or other craft at thetime, unless it is shown to the satisfaction of the court that thecircumstances of the case made a departure from the Collision RegulationsConvention necessary.

Collisionsto be entered in the official log-book

121.(1) In every case of collision involvingan Antigua and Barbuda ship, in which it is practicable to do so, the master ofthe ship shall, immediately after the occurrence, cause a statement thereof,and of the circumstances under which the same occurred, to be entered in theofficial log book, and the entry shall be signed by the master, and also by themate or one of the crew.

(2) Anymaster who fails to comply with this section commits an offence and is liableon summary conviction to a fine not exceeding one thousand dollars.

Dutyto assist in case of collision.

122.(1) In every case of collision betweentwo ships, it shall be the duty of the master or person in charge of each ship,if and so far as he can do so without danger to his own ship, crew andpassengers (if any)

(a)torender to the other ship, and to her master, crew and passengers (if any), suchassistance as may be practicable and as may be necessary to preserve them fromthe danger caused by the collision, and to stay by the other ship until he hasascertained that she has no need of further assistance; and also

(b)togive to the master or person in charge of the other ship the name of his ownship and the port to which she belongs, and also the names of the ports from whichshe comes and to which she is bound.

(2)Ifthe master or person in charge fails without reasonable cause to comply withthis section, he commits an offence and is liable on conviction to a fine notexceeding three thousand dollars and imprisonment for three months.

(3)Thissection applies in relation to Antigua and Barbuda ships wherever they be, andother ships when in Antigua and Barbuda waters.

(4)Thefailure of the master or person in charge of a ship to comply with theprovisions of this section shall not raise any presumption of law that thecollision was caused by his wrongful act, neglect or default.

 

CHAPTER 3

SAFETY AND SECURITY AT SEA

Internationalconvention on the safety of life at sea (SOLAS)

123.The provisions of the articles of, and theAnnex and Protocols to, the SOLAS Convention shall have the force of law.

Applicationof SOLAS to non-Convention ships.

124.Notwithstanding anything to the contraryin Regulation 1 of Part A of Chapter I of the Annex to the SOLAS Convention,the SOLAS Convention shall apply mutatis mutandis to ships entitled to fly theflag of a country or territory to which the SOLAS Convention does not apply oris not yet in force while such ships are in Antigua and Barbuda engaged oninternational voyages.

Surveys.

125.Any Antigua and Barbuda ship to which theSOLAS Convention applies shall be subject to such initial, renewal, additional,periodical, annual, enhanced and other surveys as the SOLAS Conventionrequires.

Certification.

126.(1) Every Antigua and Barbuda ship whichhas been satisfactorily surveyed may be issued with an appropriate SOLASConvention certificate issued by or on behalf of the Director.

(2)NoAntigua and Barbuda ship shall proceed to sea on international voyage unlessthere is in force in respect of the ship such valid SOLAS Conventioncertificates as it is required to have, and the ship is marked with an identificationnumber as required by the SOLAS Convention.

(3)If aship proceeds or attempts to proceed to sea in contravention of subsection (2),the owner and master commits an offence and is liable on summary conviction toa fine not exceeding ten thousand dollars or to imprisonment not exceedingthree months, or to both.

Detention.

127.In any case where a ship does not complywith the SOLAS Convention, the ship shall be liable to be detained provided that a shipshall not be unreasonably delayed or detained.

Generalcompliance duty, and offences.

128.(1) It shall be the duty of the owner andthe master of the ship to comply with and ensure compliance with the provisionsof the SOLAS Convention.

(2)Itshall be the duty of any person —

(a)uponwhom an obligation is imposed by the SOLAS Convention; or

(b)towhom a direction is given in pursuance of the SOLAS Convention (whether undersubsection (1) or otherwise), to comply or ensure compliance with the SOLASConvention.

(3)Whereany natural or legal person other than a person specified in subsection (1) hascontrol of the matter to which the subsection relates because he hasresponsibility for the operation of the ship, then any duty imposed by thatsubsection shall extend to the person who has control of that matter.

(4)Wherea person specified in subsection (1), (2) or (3) contravenes the respectivesubsection that person commits an offence and is liable on summary onconviction to a fine not exceeding five thousand dollars or to a term ofimprisonment of three months or to both.

(5)Inproceedings for an offence under subsection (4), it shall be a defence —

(a)forthe accused to prove that he used all due diligence to ensure compliance; or

(b)foran owner or master to prove that he did not have control of the matter to whichthe offence relates because he did not have responsibility for the operation ofthe ship and that duty was imposed by subsection (3) on a person who hadcontrol of that matter.

Fraud,misuse of certificates etc.

129.(1) No person shall —

(a)intentionallyalter a certificate issued for the purposes of the SOLAS Convention;

(b)falselymake a certificate referred to in the SOLAS Convention;

(c)inconnection with any survey required by the SOLAS Convention, knowingly orrecklessly furnish false information;

(d)withintent to deceive, use, lend, or allow to be used by another, a certificatereferred to in the SOLAS Convention;

(e)failto surrender a certificate to be surrendered issued for the purposes of theSOLAS Convention.

(2) Aperson who contravenes subsection (1) commits an offence and is liable onsummary conviction to a fine not exceeding five thousand dollars or toimprisonment not exceeding three months, or to both.

Customsclearance.

130.Before a ship proceeds to sea from anyport in Antigua and Barbuda the master of that ship shall produce to a customsofficer from whom a clearance for the ship is demanded for an internationalvoyage

(a)inrespect of a ship to which the SOLAS Convention applies, certificates requiredto be issued to such a ship complying with the relevant provisions of the SOLASConvention, and in the case of any qualified certificate, the correspondingvalid exemption certificate;

(b)inrespect of an Antigua and Barbuda ship required to possess a local safetycertificate, a valid local safety certificate.

Breachof safety rules: offences by owners.

131.In the case of any ship —

(a)ifthe ship is required, by the SOLAS Convention or under this Act, to be providedwith safety appliances and proceeds on any voyage or excursion without being soprovided in accordance with the rules applicable to the ship;

(b)ifany of the safety appliances with which the ship is so provided are lost orrendered unfit for service in the course of the voyage or excursion through thewilful or negligence of the owner or master;

(c)ifthe owner or master willfullyneglects to replace or repair, at the first opportunity, any such applianceslost or injured in the course of the voyage or excursion;

(d)ifsuch appliances are not kept so as to be at all times fit and ready for use;

(e)ifany provision relating to safety of life at sea applicable to the ship, savesuch provisions as relate to the carriage of dangerous goods, is contravened ornot complied with; the owner of theship commits an offence and is liable on summary conviction to a fine notexceeding five thousand dollars.

Penaltyfor noncompliance with conditions of exemption certificate.

132.Where an exemption certificate, issued inrespect of an Antigua and Barbuda ship, specifies any conditions on which thecertificate is issued and any of these conditions is not complied with, theowner or master of the ship commits an offence and is liable on summaryconviction to a fine not exceeding three thousand dollars.

Exemptionfor non-SOLAR convention ships from compliance with this part.

133.(1) The Director may relieve any Antiguaand Barbuda or the owner of any ship to which this section applies fromcompliance with any of the provisions of this Part or regulations made underthis Act relating to inspection, in any specified case of emergency where theDirector may deem it necessary or advisable in the public interest, to suchextent and in such manner and upon such terms as he may consider proper in thecircumstances; but the Director shall not relieve theship or owner from compliance with any such provision to such extent or in suchmanner as would permit any ship to proceed to sea or to make any voyage or tripin an unseaworthy or unsafe condition.

(2)This section does not apply to ships to which the SOLAS Convention or LoadLines Convention applies.

 

CHAPTER 4

LOAD LINES

Internationalconvention on load lines 1966 to have the force of law.

134.The provisions of the articles of, andthe Annexes and Protocol to, the Load Line Convention shall have the force oflaw.

Interpretationof load line convention.

135.For the purposes of the Load LineConvention and this Chapter

“AssigningAuthority” shall in reference to Antigua and Barbuda means the Director and anyother person or organisation appointed or authorised by the Director for  the purpose of the Load Line Convention.

Applicationof load Line convention to non-convention ships.

136.Notwithstanding anything to the contraryin Article 4 of the Load Line Convention, the Load Line Convention shall applymutatis mutandis to ships entitled to fly the flag of a country to which theLoad Line Convention does not apply while such ships are in Antigua and Barbudaand engaged on international voyages.

Assignmentof freeboards.

137.(1) The Assigning Authority shall assignfreeboards to an Antigua and Barbuda ship in accordance with the requirementsof Annex I of the Load Line Convention.

(2)TheAssigning Authority shall —

(a)determinethe particulars of the freeboard to be assigned;

(b)determinewhich of the load lines described in Annex I of the Load Line Convention are tobe marked on the sides of the ship in accordance with the requirements of thatAnnex;

(c)determinethe position where the load lines, to deck-line and the load line mark are tobe so marked; and

(d)completea copy of the record of particulars relating to the conditions of assignment.

Generalcompliance.

138.(1) It shall be the duty of the owner andthe master of the ship to comply with and ensure compliance with the provisionsof the Load Line Convention.

(2)Itshall be the duty of any person —

(a)uponwhom an obligation is imposed by the Load Line Convention; or

(b)towhom a direction is given in pursuance of the Load Line Convention (whetherunder subsection (1) or otherwise), to comply or ensurecompliance with the Load Line Convention.

(3)Afterthe appropriate load line marks have been made on a ship —

(a)itshall be the duty of the owner and master to keep the ship so marked;

(b)themarks shall not be concealed, removed, altered, defaced or obliterated exceptwith the authority of the Assigning Authority.

(4)Whereany natural or legal person other than a person specified in subsection (1) or(3) has control of the matter to which the subsection relates because he hasresponsibility for the operation of the ship, then any duty imposed by thatsubsection shall extend to the person who has control of that matter.

Fraud,misuse etc of certificates.

139.No person shall —

(a)intentionallyalter a certificate referred to in the Load Line Convention;

(b)falselymake a certificate referred to in the Load Line Convention;

(c)inconnection with any survey required by the Load Line Convention, knowingly orrecklessly furnish false information;

(d)withintent to deceive, use, lend, or allow to be used by another, a certificatereferred to in the Load Line Convention;

(e)failto surrender a certificate required to be surrendered under the Load LineConvention.

Offences.

140.(1) Where a person specified in section138 or 139 contravenes the respective section, that person commits an offenceand is liable on summary conviction to a fine not exceeding five thousanddollars or imprisonment for a term not exceeding six months, or to both.

(2)Wherea ship:

(a)isin salt water and has no list and is so loaded that the appropriate load lineis submerged;

(b)ifnot in salt water, is so loaded that if it were in salt water and had no listit would be submerged; theowner and the master commits an offence and each is liable on summary convictionto a fine not exceeding fifty thousand dollars and an additional fine notexceeding five thousand dollars for each complete centimetre by which theappropriate load line on each side of the ship is submerged or would besubmerged as the case may be.

(3)Wherea person is charged with an offence under subsection (1), it shall be a defence

(a)forthe accused to prove that he used all due diligence to ensure compliance;

(b)foran owner or master to prove that he did not have control of the matter to whichthe offence relates because he did not have responsibility for the operation ofthe ship and that duty was imposed by subsection (4) of section 138 on a personwho had control of that matter.

(4)Wherea person is charged with the offence referred to in subsection (2), it shall bea defence (in addition to the defences available under subsection (3), to provethat the contravention was duesolely to deviation or delay and that the deviation or delay was caused solelyby stress of weather or other circumstances which neither the master nor theowner nor the charterer (if any) could have prevented or forestalled.

Clearance

141.(1) Notwithstanding anything to thecontrary in Article 21 of the Load Line Convention, before any ship subject tothe Load Line Convention proceeds to sea from any port in Antigua and Barbudathe master of that ship shall produce to a customs officer from whom aclearance for the ship is demanded for an international voyage

(i) anInternational Load Line Certificate;

(ii) anInternational Load Line Exemption Certificate.

Detention.

142.In any case where a ship does not complywith the Load Line Convention she may be detained, provided that the ship shallnot be unreasonably detained or delayed.

 

CHAPTER 5

DANGEROUS GOODS

Carriageof dangerous goods.

143.(1) The master or owner of any ship mayrefuse to take on board any package or parcel which he suspects to contain anydangerous goods, and may require it to be opened to ascertain the fact.

(2)Whenany dangerous goods, or any goods which, in the judgment of the master or ownerof the ship, are dangerous goods, have been sent on board any ship without themarking or the notice required by the IMDG Code, the master or owner of theship may cause the goods, together with any packaging or container thereof, tobe thrown overboard, and neither the master nor the owner of the ship shall besubject to any liability, civil or criminal, in any court in respect thereof.

(3)Forthe purposes of this section, “dangerous goods” means any goods defined as suchin the IMDG Code.

(4)Thissection shall apply to —

(a)Antiguaand Barbuda ships;

(b)otherships while they are within any port in Antigua and Barbuda, or are embarkingor disembarking passengers, or loading or discharging cargo or fuel, within Antiguaand Barbuda waters.

 

CHAPTER 6

UNSEAWORTHY SHIPS

Sendingunseaworthy ship to sea.

144.(1) Any person, who sends or attempts tosend, or is party to sending or attempting to send, an Antigua and Barbuda shipto sea in such an unseaworthy state that the life of any person is likely to bethereby endangered, commits an offence and is liable on summary conviction to afine not exceeding ten thousand dollars or imprisonment for a term notexceeding six months, or to both, unless he proves either that he used allreasonable means to ensure her being sent to sea in a seaworthy state, or thather going to sea in such an unseaworthy state was, under the circumstances,reasonable and justifiable.

(2) Themaster of an Antigua and Barbuda ship who knowingly takes the ship to sea insuch an unseaworthy state that the life of any person is likely to be therebyendangered commits an offence and is liable on summary conviction to a fine notexceeding ten thousand dollars and imprisonment to a term not exceeding sixmonths, unless he proves that her going to sea in such an unseaworthy statewas, in the circumstances, reasonable and justifiable.

Unseaworthyship to be detained etc.

145.(1) Where, whether on complaint orrepresentation made to him or otherwise, an inspector has reason to believethat any Antigua and Barbuda ship, or any foreign ship in a port in Antigua andBarbuda, is an unsafe ship he may cause her to be detained, until he is satisfiedthat she is fit to proceed to sea.

(2)Wherea ship has been dealt with under subsection (1), the inspector may inspect orsurvey, or cause to be inspected or surveyed, the ship to investigate anydefects believed to exist.

(3)Theowner or master of a ship or an appropriate consular officer may require that aperson of his choice shall accompany any person making an inspection or surveyunder this section.

(4)Aninspector acting under this section, shall, as soon as practicable after actionis completed therein, forward a full report thereof to the Director togetherwith copies of any reports made upon inspection or survey.

(5)Anycomplaint in respect of the seaworthiness of a ship shall be in writing,stating the name and address of the complainant, and a copy of such complaint,including the name and address of the complainant, shall be given to the owneror master of the ship if action is taken under this section.

(6)Beforeany action is taken under this section as a result of a complaint, the inspectorshall assure himself, by all means at his disposal, that the complaint is notof a trivial, frivolous or vexatious nature.

(7)Inthis section, “unsafe ship” means a ship which is, by reason of the defectivecondition of her hull, equipment or machinery, or by reason of undermanning,overloading or improper loading, unfit to proceed to sea without serious dangerto human life, having regard to the nature of the service for which she isintended.

Liabilityfor costs and damages.

146.(1) If it appears that there was notreasonable and probable cause, by reason of the condition of the ship or theact or default of the owner, for the detention of a ship under this Part as anunsafe ship, ADOMS shall be liable to pay to the owner of the ship his costs ofany incidental to the detention and survey of the ship, and also compensationfor any loss or damage sustained by him by reason of the detention or survey.

(2)If aship is detained under this Act, and the ship was, at the time of detention, anunsafe ship within the meaning of this Part, the owner of the ship shall beliable to pay to ADOMS any costs of, and incidental to, the detention andsurvey of the ship, and those costs shall, without prejudice to any otherremedy, be recoverable as salvage is recoverable.

Powerto require from complainant security for costs.

147.(1) Where a complaint is made to theDirector, or an inspector that an Antigua and Barbuda ship is unsafe, theDirector or inspector may, if he thinks fit, require the complainant to givesecurity to his satisfaction for the costs and compensation which he may becomeliable to pay as hereinafter mentioned:

Providedthat such security shall not be required where the  complaint is made by one-fourth, being notless than three, of the seafarers belonging to the ship, and is not in theopinion of the Director or inspector frivolous or vexatious, and the Directoror inspector shall, if the complaint is made in sufficient time before thesailing of the ship, take proper steps for ascertaining whether the ship oughtto be detained.

(2)Where a ship is detained in consequence of any complaint, and the circumstancesare such that the Director is liable under this Act to pay to the owner of theship any costs or compensation, the complainant shall be liable to pay to theDirector all such costs and compensation as the Director incurs or is liable topay in respect of the detention and survey of the ship.

 

 

PART VI MARITIME SECURITY

CHAPTER 1 PRELIMINARY

Interpretationof Part VI

148.(1) The purpose of this Part is tosupplement section 123 (SOLAS Convention to have force of law) in providingspecial measures to enhance maritime security.

(2)Wordsused in this Part have the same meaning as they have in, or for the purposesof, Chapter XI-2 of the SOLAS Convention.

(3)Inthis Part —

“DesignatedAuthority” means the organisation or the administration within the Governmentof Antigua and Barbuda identified, as responsible for ensuring theimplementation of the provisions of Chapter XI-2 of the SOLAS Convention pertainingto port facility security and ship/port interface, from the point of view ofthe port facility;

“portfacility operator” means any person operating a port facility or such otherperson as may be designated for the purposes of this Part as port facilityoperator for one or more port facilities by the Designated Authority;

“recognisedsecurity organisation” means an organisation with appropriate expertise insecurity matters and with appropriated knowledge of ship and port operationsauthorised to carry out an assessment, or a verification, or an approval or acertification activity, required by this Chapter or by Part A of the ISPS Code;

“restrictedzone” means a zone to which access is restricted for security reasons pursuantto this Part.

(4)Forthe purposes of this Part a person is permitted to have access to a restrictedzone of a port facility if he is permitted to enter that zone or ifarrangements exist for permitting any of his employees or agents to enter thatzone.

Application

149.(1) Subject to subsection (5), this Partapplies to —

(a)thefollowing ships engaged on international voyages:

(i)passengerships, including high-speed passenger craft;

(ii)cargoships, including high-speed craft, of 500 tons or more; and

(iii)mobileoffshore drilling units; and

(b)portfacilities serving such ships engaged on international voyages.

(2)ThisPart shall also apply to any port facility specified in a Notice issued by theMinister which, although used primarily by ships not engaged on internationalvoyages, is required, occasionally, to serve ships arriving or departing oninternational voyages.

(3)ANotice referred to in subsection (2) shall not be issued without a portfacility security assessment for that port facility having been done inaccordance with the ISPS Code. The Notice shall specify the extent ofapplication of this Part and the relevant sections of Part A of the ISPS Codeto the facility.

(4)AnyNotice under subsection (2) shall not compromise the level of security intendedto be provided by this Part and by the ISPS Code.

(5)ThisPart does not apply to —

(a)warships;

(b)navalauxiliaries; or

(c)otherships owned or operated by parties to the SOLAS Convention and use only onGovernment noncommercial service.

 

CHAPTER 2 SHIPS

Requirementsfor companies.

150.(1) Companies shall comply with therelevant requirements of this Part with the ISPS Code. In particular, andwithout prejudice to any other duties the Company shall ensure that:

(a)acompany security officer is appointed, and is properly trained and qualified inhis duties and responsibilities;

(b)aship security officer is appointed for each of its ships and is properlytrained and qualified in his duties and responsibilities;

(c)eachship has a ship security plan;

(d)themaster has available on board, at all times, information through which officersduly authorised by any State can establish:

(i)whois responsible for appointing the members of the crew or other personscurrently employed or engaged on board the ship in any capacity on the businessof that ship;

(ii)whois responsible for deciding the employment of the ship; and

(iii)incases where the ship is employed under the terms of charter party or parties,who are the parties to such charter party or parties.

(2) AnyCompany which fails to comply with this section commits an offence and isliable on summary conviction to a fine not exceeding ten thousand dollars.

Shipsecurity Plans.

151.(1) (a) Every ship security plan andamendment there to shall be submitted to the Director, or to a recognised securityorganisation he authorises on his behalf, for approval in accordance with theISPS Code.

(b) Arecognised security organisation authorised under paragraph (a) shall not havebeen involved in the preparation of the ship security plan or the amendment inquestion.

(2)TheDirector shall determine which changes to an approved ship security plan or toany security equipment specified in an approved plan shall not be implementedunless the relevant amendments to the plan are approved by the Director or therelevant recognised security organisation. Any such changes shall be at leastas effective as those measures prescribed in Chapter XI-2 of the SOLASConvention and in the ISPS Code.

(3)Anycompany which does not comply with subsection (1), or otherwise fails to complywith the ISPS Code, commits an offence and is liable on summary conviction to afine of ten thousand dollars.

Companysecurity officer.

152.(1) The company security officer shallperform the responsibilities and duties specified in this Part and in the ISPSCode.

(2) Anycontravention of this section by the company security officer is an offence andliable on summary conviction to a fine not exceeding two thousand dollars.

Shipsecurity officer.

153.(1) The ship security officer shallperform the responsibilities and duties specified in this Part and in the ISPSCode.

(2) Anycontravention of this section by the ship security officer shall be an offenceand liable on summary conviction to a fine not exceeding two thousand dollars.

Requirementsfor ships.

154.(1) Ships shall comply with the relevantrequirements of this Part and of the ISPS Code.

(2)Priorto entering a port or whilst in a port within the territory of any other State,a ship shall comply with the requirements for the security level set by thatState, if such security level is higher than the security level set by theDirector for that ship.

(3)Shipsshall respond without undue delay to any change to a higher security level.

(4)Wherea ship is not in compliance with the requirements of this Part or of the ISPSCode, or cannot comply with the requirements of the security level set by theDirector or by another contracting government and applicable to that ship, thenthe ship shall notify the appropriate competent authority prior to conductingany ship/port interface or prior to entry into port, whichever occurs earlier.

Shipsecurity alert system.

155.(1) Ships shall be provided with a shipsecurity alert system in accordance with Chapter XI-2 of the SOLAS Convention.

(2)The shipssecurity alert system shall comply with Chapter XI-2 of the SOLAS Convention.

(3)Theship security alert system shall:

(a)becapable of being activated from the navigation bridge and in at least one otherlocation; and

(b)conformto performance standards not inferior to those adopted by IMO.

(4)Theship security alert system points shall be designed so as to prevent theinadvertent initiation of the ship security alert.

(5)Therequirement for a ship security alert system may be complied with by using theradio installation fitted for compliance with the requirements of Chapter IV ofthe SOLAS Convention, provided all requirements of this section are compliedwith.

(6)Anycontravention of subsections (1) to (4) is an offence by the company and themaster and on summary conviction are liable to a fine not exceeding tenthousand dollars.

Master’sdiscretion for ship safety and security.

156.(1) (a) The master of an Antigua andBarbuda ship shall not be constrained by the Company, the charterer or anyother person from taking or executing any decision which, in the professionaljudgment of the master, is necessary to maintain the safety and security of theship.

(b)This includes denial of access to persons (except those identified as dulyauthorised by a Contracting Government) or their effects and refusal to loadcargo, including containers or other closed cargo transport units.

(2) (a)Where, in the professional judgment of the master, a conflict between anysafety and security requirements applicable to the ship arises during itsoperations, the master shall give effect to those requirements necessary tomaintain the safety of the ship.

(b)Insuch cases, the master may implement temporary security measures and shallforthwith inform the Director and, if appropriate, the Contracting Governmentin whose port the ship is operating or intends to enter.

(c)Anysuch temporary security measures under this section shall, to the highestpossible degree, be commensurate with the prevailing security level.

(d)Whensuch cases as are refered to in this subsection are identified, the directorshall ensure that such conflicts are resolved and that the possibility ofrecurrence is minimised.

Verificationfor ships.

157.(1) All Antigua and Barbuda ships towhich this Part applies shall be subject to initial, renewal and intermediateverifications in accordance with the ISPS Code.

(2)Theverification of ships shall be carried out by an officer authorised by theDirector, or, if he entrusts it, by a recognised security organisation.

(3)Thesecurity system and any associated security equipment of the ship afterverification shall be maintained to conform with the provisions of sections 154and 155 and the ISPS Code and of the approved ship security plan.

(4)Afterany verification under subsection (1), no changes shall be made in the securitysystem and in any associated security equipment or the approved ship securityplan without the sanction of the Director.

(5)Anycontravention of subsection (1) or (3) is an offence by both the Company andmaster, punishable on conviction by a fine of five thousand dollars.

Issue,endorsements, duration and validity of certificate

158.(1) When an initial or renewalverification is satisfactorily completed pursuant to section 157 the Directoror a recognised security organisation acting on his behalf shall issue or, asthe case may be, endorse anInternational Ship Security Certificate.

(2)TheInternational Ship Security Certificate shall be drawn up in a formcorresponding to the form prescribed in the ISPS Code.

(3)Theduration and validity of an International Ship Security certificate shall be inaccordance with the ISPS Code.

Interimcertificates.

159.(1) After 1 July 2004, for the purposesof:

(a)aship without a Certificate, on delivery or prior to its entry or re-entry intoservice;

(b)transferof a ship from the flag of another State to the Antigua and Barbuda register;

(c)acompany assuming the responsibility for the operation of a ship not previouslyoperated by that company; untilthe Certificate referred to in section 158 (1) is issued, the Director maycause an Interim International Ship Security Certificate to be issued, in aform corresponding to the form prescribed in the ISPS Code.

(2)AnInterim International Ship Security Certificate shall only be issued if theDirector or a recognised security organisation on his behalf is satisfied thatthe conditions specified in the ISPS Code are met.

(3)AnInterim International Ship Security Certificate may be issued by the Directoror by a recognised security organisation authorised to act on his behalf.

(4)AnInterim International Ship Security Certificate shall be valid for 6 months, oruntil the Certificate required by section 158 is issued, whichever comes first,and may not be extended.

(5)Nosubsequent consecutive Interim International Ship Security Certificate shall beissued to a ship if, in the judgment of the Director or the recognised securityorganisation, one of the purposes of the ship or a Company in requesting suchcertificate is to avoid full compliance with this Part beyond the period of theinitial Interim Certificate as specified in subsection (1).

(6)Forthe purposes of sections 161, 162 and 163 the Minister may, prior to acceptingan Interim International Ship Security Certificate as a valid Certificate,ensure that the relevant requirements of the ISPS Code have been met.

Prohibitionon proceeding to sea without an appropriate certificate.

160.(1) No Antigua and Barbuda ship requiredto be verified under this Part shall proceed, or attempt to proceed to seaunless there is in force a valid International Ship Security Certificate or anInterim International Ship Security Certificate.

(2)Wherea ship proceeds, or attempts to proceed to sea in contravention of subsection(1) the company and the master commits an offence and are liable on summaryconviction to a fine not exceeding ten thousand dollars.

 

CHAPTER 3

CONTROL AND COMPLIANCE MEASURES

Controlof ships in port.

161.(1) (a) For the purpose of this Part,every ship to which this Part applies is subject to control when in a port in Antiguaand Barbuda by officers duly authorised by the Minister (who may be officersappointed under section 258).

(b)Such control shall be limited to verifying that there is on board a Certificate,which, if valid, shall be accepted, unless there are clear grounds forbelieving that the ship is not in compliance with the requirements of this Partor the ISPS Code.

(2)Whenthere are such clear grounds, or where no valid certificate is produced whenrequired, the duly authorised officers shall impose any one or more of thecontrol measures provided in subsection (3) in relation to that ship.

(3)(a)The control measures referred to in subsection (1) are as follows:

(i)inspectionof the ship,

(ii)delayingthe ship,

(iii)detentionof the ship,

(iv)restrictionof operations, including movement within the port, or

(v)expulsionof the ship from port.

(b) Thecontrol measures may, additionally or alternatively, include other lesseradministrative or corrective measures.

Shipsintending to enter a port.

162.(1) The Designated Authority may requirethat ships intending to enter ports in Antigua and Barbuda provide thefollowing information to duly authorised officers to ensure compliance withthis Part prior to entry into port with the aim of avoiding the need to imposecontrol measures or steps:

(a)thatthe ship possesses a valid Certificate and the name of its issuing authority;

(b)thesecurity level at which the ship is currently operating;

(c)thesecurity level at which the ship operated in any previous port where it hasconducted a ship/port interface within the time frame specified in subsection(4)

(d)anyspecial or additional security measures that were taken by the ship in anyprevious port where it has conducted a ship/port interface within the timeframespecified in subsection (4);

(e)thatthe appropriate ship security procedures were maintained during anyship-to-ship activity within the time frame specified in subsection (4); or

(f)otherpractical security related information (but not details of the ship securityplan), taking into account the guidance given by the ISPS Code.

(2)TheDesignated Authority may request the ship or the company to provideconfirmation, acceptable to it, of the information required pursuant tosubsection (1).

(3)EveryAntigua and Barbuda ship to which this Part applies intending to enter the portof another Contracting Government shall provide the information described insubsection (1) on the request of the officers duly authorised by thatGovernment. The master may decline to provide such information on theunderstanding that failure to do so may result in denial of entry into port.

(4)Theship shall keep records of the information referred to in subsection (3) forthe last 10 calls at port facilities.

(5)(a)Where, after receipt of the information described in subsection (1), theofficers duly authorised by the Designated Authority have reasonable groundsfor believing that the ship is not in compliance with the requirements of thisPart or the ISPS Code, such officers shall attempt to establish communicationwith and between the ship and its Administration in order to rectify thenoncompliance.

(b)Where such communication does not result in rectification, or where such officershave clear grounds otherwise for believing that the ship is not in compliancewith the requirement of this Part or the ISPS Code, such officers may takesteps in relation to that ship as provided in subsection (6).

(6)Thesteps referred to in subsection (5) are as follows:

(a)arequirement for the rectification of the noncompliance;

(b)arequirement that the ship proceed to a location specified in the territorialsea or internal waters of Antigua and Barbuda;

(c)inspectionof the ship, if the ship is in the territorial sea of Antigua and Barbuda; or

(d)denialof entry into port.

(7)TheDesignated Authority shall prior to taking any such steps, inform the ship ofits intentions. Upon receipt of this information the master may withdraw theintention to enter that port. In such cases, this section shall not apply.

Additionalcontrol and compliance provisions.

163.(1) In the event:

(a)ofthe imposition of a control measure, other than a lesser administrative orcorrective measure, referred to in section 161(3); or

(b)anyof the steps referred to in section 162(6) are taken, an officer dulyauthorised by the Designated Authority shall forthwith inform in writing theAdministration specifying which control measures have been imposed or stepstaken and the reasons thereof. He shall also notify the recognised securityorganisation which issued the Certificate relating to the ship concerned andthe IMO when any such control measures have been imposed or steps taken.

(2)Whenentry into port is denied or the ship is expelled from a port in Antigua andBarbuda, the Designated Authority shall communicate the appropriate facts tothe authorities of the State of the next appropriate ports of call, when known,and any other appropriate coastal States, taking into account any guidelinesdeveloped by IMO. Confidentiality and security of such notification shall beensured.

(3)Denialof entry into port, pursuant to section 162 (3) and (6), or expulsion fromport, pursuant to section 161(1) to (3), shall only be imposed where the dulyauthorised officers have reasonablegrounds to believe that the ship poses an immediate threat to the security orsafety of persons, or of ships or other property and there are no otherappropriate means for removing that threat.

(4)Thecontrol of measures referred to in section 161(1) and the steps referred to insection 162(6) shall only be imposed, pursuant to sections 161 and 162, untilthe noncompliance giving rise to the control measures or steps has beencorrected to the satisfaction of the Designated Authority, taking into accountactions proposed by the ship or the Administration, if any.

(5)Whencontrol is exercised under section 161 or steps taken under section 162:

(a)allpossible efforts shall be made to avoid a ship being unduly detained ordelayed. If a ship is thereby unduly detained, or delayed, it shall be entitledto compensation for any loss or damage suffered; and

(b)necessaryaccess to the ship shall not be prevented for emergency or humanitarian reasonsand for security purposes.

 

CHAPTER 4 PORT FACILITIES

Portfacilities: duties of port facility operator.

164.(1) Port facility operators shall ensurethat port facilities shall comply with the relevant requirements of this Partand the ISPS Code.

(2)(a)In particular the port facility operator shall appoint a suitably qualifiedport facility security officer, and ensure that he receives appropriatetraining, as specified in the ISPS Code.

(b) Theport facility operator shall provide the port facility security officer withthe resources, assistance and support necessary to enable him to carry out hisduties.

(3)Theport facility operator shall ensure that port facility personnel havingspecific security duties have appropriate knowledge and receive appropriatetraining as specified in the ISPS Code.

(4)Theport facility operator shall ensure that other port facility personnel haveappropriate knowledge as specified in the ISPS Code.

(5)Aport facility operator who fails to comply with the requirements of thissection commits an offence and is liable on conviction to a fine not exceeding tenthousand dollars.

Portfacility security officer.

165.(1) A port facility security officershall carry out the duties and responsibilities placed on him by this Part andPart A of the ISPS Code, in particular those listed in the ISPS Code.

(2) Aport facility security officer who fails to comply with the requirement of thisPart and Part A of the ISPS Code, commits an offence and is liable onconviction to a fine of five thousand dollars.

Drillsand exercises.

166.(1) The port facility operator shall —

(a)ensurethe effective implementation of the port facility security plan;

(b)carryout drills at appropriate intervals, andtaking into account the types of operation of the port facility, port facility personnelchanges, the type of ship the port facility is serving, other relevantcircumstances and the taking into account guidance given in Part B of the ISPSCode.

(2)Theport facility security officer shall ensure the effective coordination andimplementation of the port facility security plan by participating in exercisesat appropriate intervals, taking into account the guidance given in Part B ofthe ISPS Code.

(3)Theport facility operator and the port facility security officer commits anoffence if they fail to comply with the requirements of subsection (1) and areliable on conviction to a fine of two thousand dollars.

(4)Theport facility security officer commits an offence if he fails to comply withthe requirement of subsection (2) and is liable on conviction to a fine notexceeding one thousand dollars.

 

CHAPTER 5 ENFORCEMENT

Requirementto provide information.

167.(1) Without prejudice to section 162, butsubject to the relevant provisions of Part A of the ISPS Code (ship securityplans not subject to inspection except in limited circumstances) the DesignatedAuthority may, by notice in writing served on —

(a)theowner, charterer, manager or master of any ship which is in, or appears to theDesignated Authority to be likely to enter, a port facility,

(b)aport facility operator,

(c)anyperson who carries on operations in a port facility, and

(d)anyperson who is permitted to have access to a restricted zone of a port facilityfor the purposes of the activities of a business carried on by him, require that person to provide theDesignated Authority with such information specified in the notice as theDesignated Authority may require in connection with the exercise by theDesignated Authority of its functions under this Part.

(2)Anotice served pursuant to subsection (1), shall specify a date on which theinformation required is to be furnished to the Designated Authority.

(3)Anysuch notice may also require the person on whom it is served, after he hasfurnished to the Designated Authority the information required by the notice,to inform the Designated Authority if at any time the information previouslyfurnished to the Designated Authority (including any information furnished inpursuance of a requirement imposed by virtue of this subsection)is rendered inaccurate by any change of circumstances (including the taking ofany further measures for purposes of thisPart or the alteration or discontinuance of any measures already being taken).

(4)Wherea notice served pursuant to subsection (1) requires further information to befurnished to the Designated Authority in accordance with subsection (3), itshall require that information to be furnished within such time as is specifiedin the notice.

(5)TheDesignated Authority may, at any time by a notice in writing —

(a)revokeany notice served pursuant to subsection (1).

(b)varyany notice served pursuant to subsection (1).

(6)TheDirector may, in like manner, require the owner, charterer, manager or masterof any Antigua and Barbuda ship to provide him with information, andsubsections (1) to (5) shall apply as if references to the Designated Authoritywere references to the Director.

(7)Anyperson who —

(a)withoutreasonable excuse, fails to comply with a requirement imposed on him by anotice under this section, or

(b)infurnishing any information so required, makes a statement which he knows to befalse in a material particular, or recklessly makes a statement which is falsein a material particular, commitsan offence and is liable on conviction to a fine not exceeding five thousanddollars.

Powersof Inspection.

168.(1) An authorised person shall havepower, on production (if required) of his credentials, to inspect

(a)anyAntigua and Barbuda ship,

(b)anypart of any port facility, or

(c)anyland outside a port facility which is occupied for the purposes of a businessby a person who

(i)carrieson (or appears to the authorised person to be about to carry on) harbouroperations in a port facility for the purposes of that business, or

 

(ii)ispermitted (or appears to the authorised person to be about to be permitted) tohave access to a restricted zone of a port facility for the purposes of theactivities of that business.

(2)    An authorised person inspecting a ship orany part of a port facility or any land outside a port facility undersubsection (1)shall have power

(a)tosubject any property found by him on the ship or, as the case may be, tosubject that part of the port facility or any property found by him there or onthat land, to such tests,

(b)totake such steps —

(i)toascertain what practices or procedures are being followed in relation tosecurity, or

(ii)totest the effectiveness of any practice or procedure relating to security, or

(c)torequire the owner, charterer, manager or master of the ship, the port facilityoperator or the occupier of the land to furnish to him such information, as the authorised person may considernecessary for the purpose for which the inspection is carried out.

(3)Subjectto subsection (4), an authorised person shall, for the purpose of exercisingany power conferred on him by subsection (1) or (2), have power

(a)togo on board any Antigua and Barbuda ship and to take all such steps as arenecessary to ensure that it is not moved, or

(b)toenter any building or works in the port facility or enter upon any land in theport facility, or

(c)toenter upon the land and to enter any building or works on the land.

(4)Thepowers conferred by subsection (3) shall not include power for an authorisedperson to use force for the purpose of going on board any ship, entering anybuilding or works or entering upon any land.

(5)Anyperson who —

(a)withoutreasonable excuse, fails to comply with a requirement imposed on him undersubsection (2) (c), or

(b)infurnishing any information so required, makes a statement which he knows to befalse in a material particular, or recklessly makes a statement which is falsein a material particular, commitsan offence and is liable on conviction to a fine not exceeding five thousanddollars.

Falsestatements relating to baggage, cargo etc.

169.(1) A person commits an offence,punishable on conviction by a fine not exceeding five thousand dollars if, inanswer to a question which

(a)relatesto any baggage, cargo or stores (whether belonging to him or to another) thatis or are intended for carriage by sea

(i)byan Antigua and Barbuda ship, or

(ii)byany other ship to or from Antigua and Barbuda, and

(b)isput to him for purposes of this Part

(i)byany of the persons mentioned in subsection (2),

(ii)by anyemployee or agent of such a person in his capacity as employee or agent, or

(iii)bya police officer, he makes astatement which he knows to be false in a material particular, or recklesslymake a statement which is false in a material particular.

(2)Thepersons referred to in subsection (1) (b) are —

(a)aport facility operator,

(b)theowner, charterer or manager of any ship, and

(c)anyperson who —

(i)ispermitted to have access to a restricted zone of a port facility for thepurposes of the activities of a business carried on by him, and

(ii)hascontrol in that restricted zone over the baggage, cargo or stores to which thequestion relates.

(3)Inthis section — “cargo” includes mail;

“ship”does not include a ship used in naval, customs or police service; and

“stores”means any goods intended for sale or use in a ship, including fuel and spareparts and other articles of equipment, whether or not for immediate fitting.

Falsestatements in connection with identity documents.

170.(1) A person commits an offence if —

(a)forthe purpose of, or in connection with, an application made by him or anotherfor the issue of an identity document to which this subsection applies, or

(b)inconnection with the continued holding by him or another of any such document whichhas already been issued, hemakes to any of the persons specified in subsection (3), or to any employee oragent of such a person or to a police officer, a statement which he knows to befalse in a material particular, or recklessly makes to any of those persons, toany such employee or agent or to a police officer, a statement which is falsein a material particular.

(2)Subsection(1) applies to any identity document which is to be or has been issued by anyof the persons specified in subsection (3) for the purposes of a ship securityplan or a port facility security plan.

(3)Thepersons referred to in subsection (1) are —

(a)aport facility operator,

(b)theowner, charterer or manager of any ship, and

(c)anyperson who is permitted to have access to a restricted zone of a port facilityfor the purposes of the activities of a business carried on by him.

Unauthorisedpresence in restricted zone.

171.(1) A person shall not

(a)go,with or without a vehicle or ship, onto or into any part of a restricted zoneof a port facility except with the permission of the port facility operator ora person acting on behalf of the port facility operator and in accordance withany conditions subject to which that permission is for the time being granted,or

(b)remainin any part of such a restricted zone after being requested to leave by theport facility operator or a person acting on behalf of the port facilityoperator.

(2)Subsection(1)(a) does not apply unless it is proved that, at the material time, noticesstating that the area concerned was a restricted zone were posted so as to bereadily seen and read by persons entering the restricted zone.

(3)Aperson who contravenes subsection (1) commits an offence and is liable onconviction to a fine not exceeding five thousand dollars.

Offencesrelating to authorised persons.

172.A person who —

(a)intentionallyobstructs an authorised person acting in exercise of a power conferred on him byor under this Part, or

(b)falselypretends to be an authorised person, commitsan offence and is liable on conviction to a fine not exceeding five thousanddollars.

 

PART VII PREVENTION OF POLLUTION

CHAPTER 1 MARPOL

TheMARPOL Convention to have the force of law in Antigua and Barbuda.

173.The provisions of the articles of, andAnnexes I to V and Protocols to, the MARPOL Convention shall have the force oflaw in Antigua and Barbuda.

Antiguaand Barbuda ships.

174.Without prejudice to section 173, Antiguaand Barbuda ships shall be subject to the surveys required by the MARPOLConvention, and on being satisfactorily surveyed, may be issued with thecertificates specified in the MARPOL Convention.

Generalcompliance duty and Offences.

175.(1) It shall be the duty of the owner andthe master of the ship to comply with and ensure compliance with the provisionsof the MARPOL Convention.

(2)Itshall be the duty of any person —

(a)uponwhom an obligation is imposed by the MARPOL Convention; or

(b)towhom a direction is given in pursuance of the MARPOL Convention (whether undersubsection

(1)orotherwise) to comply or ensure compliance with the MARPOL Convention.

(3)Wherea person specified in subsection (1) or (2) contravenes that subsection, thatperson commits an offence and is liable on conviction to a fine not exceedingfifty thousand dollars.

Fraud,misuse of certificates, etc.

176.Any person who —

(a)intentionallyalters a certificate issued for the purposes of the MARPOL Convention;

(b)falselymakes a certificate referred to in the MARPOL Convention;

 

(c)inconnection with any survey required by the MARPOL Convention, knowingly orrecklessly furnishes false information;

(d)withintent to deceive, uses, lends, or allows to be used by another, a certificatereferred to in the MARPOL Convention;

(e)failsto surrender a certificate to be surrendered issued for the purposes of theMARPOL Convention; commits an offenceand is liable on conviction to a fine not exceeding five thousand dollars.

Shipspresenting threat to marine environment.

177.Where the Director has reason to believethat a ship proposing to enter an Antigua and Barbuda port or offshore terminal,or territorial waters, is not in compliance with the requirements of this Part,and he is satisfied that the ship presents an unreasonable threat of harm tothe marine environment, he may deny entry of such ship to any Antigua andBarbuda port or offshore terminal or territorial waters.

Certificatesand special rules on inspection of ships.

178.(1) Subject to subsection (2), acertificate issued by a MARPOL member State in accordance with the MARPOLConvention shall be accepted by the Director and regarded for all purposes ofthe MARPOL Convention as having the same validity as a correspondingcertificate issued under this Act.

(2)Aship holding a certificate referred to in subsection (1) shall, while in a portor offshore terminal of Antigua and Barbuda, be subject to inspection byofficers authorised by the Director for that purpose.

(3)Anyinspection referred to in subsection (2) shall be limited to verifying thatthere is on board a valid certificate, unless there are clear grounds forbelieving that the condition of the ship or its equipment does not correspondsubstantially with the particulars of that certificate, in which case, or ifthe ship does not carry a valid certificate, the Director shall, subject tosubsection (4), cause the ship to be detained and prevent it from sailing untilit can proceed to sea without presenting an unreasonable threat of harm to themarine environment.

(4)TheDirector may grant a ship subject to a detention order referred to insubsection (3), permission to leave the port or offshore terminal for thepurpose of proceeding to the nearest appropriate repair yard available.

(5)Notwithstandingsubsection (2), an inspection may include an investigation of any operationregulated by this Part if there are reasonable grounds for believing that themaster or crew are not familiar with essential ship board procedures forpreventing pollution, and if such inspection reveals any deficiencies, theDirector shall take such steps as may be necessary to ensure that the ship doesnot sail until the situation has been brought to order in accordance with therequirements of this Part.

Detectionof violations and enforcement of the Part.

179.(1) The Director shall cooperate with Governmentsof other States in the detection of violations and enforcement of this Part,using all appropriate and practicable measures of detection and environmentalmonitoring, adequate procedures for reporting and accumulation of evidence.

(2)Aship to which this Part applies may, in any port or offshore terminal ofAntigua and Barbuda, be subject to inspection by officers appointed orauthorised by the Director for the purpose of verifying whether the ship hasdischarged any harmful substances in violation of this Part, and if suchinspection indicates a violation by a ship of another State, a report shall be forwarded to the Government of the Stateconcerned for any appropriate action.

(3)(a)Where it is alleged that a ship of another State has discharged harmfulsubstances or effluents containing such substances in violation of this Part,the Director shall furnish to the Government of the State concerned, evidence,if any, of the alleged violation, and if it is practicable, notify the masterof the ship concerned.

(b)Wherethe Director receives from another State such evidence as is referred to inparagraph (a) in respect of an Antigua and Barbuda ship, it may request theGovernment of such State to furnish further or better evidence of the allegedviolation.

(c)Wherethe Director is satisfied that sufficient evidence is available to enableproceedings to be brought in respect of the alleged violation, he shall causesuch proceedings to be taken as soon as possible, and shall promptly inform theGovernment of the State which has reported the alleged violation, and theOrganisation of the action taken.

 (4)Where the Government of another Statefurnishes sufficient evidence that a ship to which the MARPOL Conventionapplies has discharged harmful substances or effluents containing suchsubstances in any place and requests an investigation, the Director may inspectsuch ship when it enters a port or offshore terminal of Antigua and Barbuda,and shall send the report of such investigation to the Government of the Staterequesting it and to the Government of the flag Stage of the ship so thatappropriate action may be taken under the MARPOL Convention.

Detention

180.(1) In any case where a ship is suspectedof being in violation of the requirements of this Part, the ship shall beliable to be detained.

(2)TheDirector shall make every possible effort to avoid unduly detaining or delayinga ship under sections 177 to 180.

(3)Aship that is unduly detained or delayed under sections 177 to 180 shall beentitled to compensation for any loss or damage suffered.

Reportingpollution and other incidents.

181.In the event of an incident referred toin Protocol I in the MARPOL Convention the same report as is required by thatProtocol shall also be made to the Administrations as is to be made to thecoastal state.

Customsclearance.

182.Before a ship proceeds to sea from anyport in Antigua and Barbuda, the master of that ship shall produce to a customsofficer from whom a clearance for the ship is demanded for an internationalvoyage —

(a)inrespect of a ship to which the MARPOL Convention applies, certificates requiredto be issued to such a ship complying with the relevant provisions of theMARPOL Convention, and in the case of any qualified certificate, thecorresponding valid exemption certificate.

(b)inrespect of Antigua and Barbuda ship required to possess a local safetycertificate, a valid local safety certificate.

 

CHAPTER 2

CIVIL LIABILITY FOR OIL POLLUTION

InternationalConvention on Civil liability for oil Pollution damage, 1992, to have the forceof law.

183.The provisions of Articles I to XI of andthe Annex to 1992 CLC Protocol shall have the force of law in Antigua andBarbuda.

Internationalconvention on the establishment of an international fund for conpensation foroil pollution damage, 1992 to have the force of law.

184.The provisions of Articles 1 to 36 quaterand the Annex to the 1992 Oil Fund Protocol shall have the force of law inAntigua and Barbuda.

Meaningof state of ship’s registry.

185.Where the registry of an Antigua andBarbuda ship is suspended and that ship is registered in a foreign country forthe duration of a bareboat charter in accordance with section 34, notwithstanding anything to the contraryin Article I of the 1992 CLC Protocol (or Article 1 of the 1992 Oil Fund Protocol),the “State of the ship’s registry” is such foreign country.

Compulsoryinsurance against liability for pollution.

186.(1) This section applies to any shipcarrying in bulk cargo of more than 2,000 tons of persistent hydrocarbonmineral oil.

(2)Aship shall not enter or leave a port in Antigua and Barbuda or arrive at orleave an offshore terminal in the territorial sea of Antigua and Barbuda nor,if the ship is an Antigua and Barbuda ship, a port in any other country or aterminal in the territorial sea of any other country, unless there is in forcea certificate complying with the following provisions:

(a)thecertificate must show that there is in force in respect

of thatship a contract of insurance or other security satisfying the requirements ofArticle VII of the 1992 CLC Protocol; and

(b)ifthe ship is an Antigua and Barbuda ship, a certificate issued by ADOMS;

(c)ifthe ship is registered in a country to which the 1992 CLC Protocol applies,other than Antigua and Barbuda, a certificate issued by or under the authorityof the government of that country.

(d)ifthe ship is registered in a country which is not a country to which the 1992CLC Protocol applies, a certificate issued by the Administration or by or underthe authority of the government of any country to which the 1992 CLC Protocolapplies other than Antigua and Barbuda.

Enforcementof compulsory insurance requirements.

187.(1) A certificate required by section 186to be in force in respect of a ship shall be carried in the ship and shall beproduced on demand by the master to any customs officer or the Director and ifthe ship is an Antigua and Barbuda ship also to any registrar, inspector, orconsular officer.

(2)Ifany ship enters or leaves or attempts to enter or leave a port, or arrives ator leaves or attempts to arrive at or leave a terminalin contravention of section 186(2), the master and owner commits an offence andare liable on conviction to a fine not exceeding twenty thousand dollars.

(3)If aship fails to carry or the master of a ship fails to produce, a certificate asrequired by subsection (1), the master commits an offence and is liable onconviction to a fine not exceeding two thousand dollars.

(4)If aship attempts to leave a port in Antigua and Barbuda in contravention ofsection 186 or this section the ship may be detained.

(5)Nothingin section 186 or this section applies in relation to any warship or any shipfor the time being used by the government of any State for other thancommercial purposes.

(6)Inrelation to a ship owned by a State and for the time being used for commercialpurposes, it shall be sufficient compliance with section 186(2) if there is inforce a certificate issued by the government of that State and showing that theship is owned by that State and that any liability for pollution damage asdefined in Article I of the 1992 CLC Protocol will be met up to the limitprescribed by Article V of the 1992 CLC Protocol.

Issueof certificate by Administration.

188.(1) If the Director is satisfied on applicationfor a certificate mentioned in section 186 in respect of an Antigua and Barbudaship or a ship registered in any country to which the 1992 CLC Protocol doesnot apply, that there will be in force in respect of the ship, throughout theperiod for which the certificate is to be issued, a contract of insurance orother security satisfying Article VII of the 1992 CLC Protocol, the Directormay issue such a certificate to the owner.

(2)Ifthe Director is of opinion that there is a doubt whether the person providinginsurance or other security will be able to meet his obligations thereunder, orwhether the insurance or other security will cover the owner’s liability underthe 1992 CLC Protocol in all circumstances, the Director may refuse thecertificate.

Cancellationand delivery up of certificates.

189.(1) Where the person to whom acertificate has been issued under section 186 ceases to be the owner of theship to which the certificate relates the certificate shall cease to be valid and he shall immediately deliver up thecertificate to the Director for cancellation.

(2)Where,at any time while a certificate issued under section 188 is in force, it isestablished in any legal proceedings that the contract of insurance or othersecurity in respect of which the certificate was issued is or may be treated asinvalid, the certificate may be cancelled by the Director and, if so cancelled,shall on demand immediately be delivered up to the Director by the person towhom the certificate was issued.

(3)Where,at any time while a certificate issued under section 186 is in force,circumstances arise in relation to the insurer or guarantor named in thecertificate (or where more than one is so named, to any of them) such that, ifthe certificate were applied or at that time, the Director would be entitled torefuse the application under subsection (2) of section 186 the certificate maybe cancelled by the Director and, if so cancelled, shall on demand immediatelybe delivered up to the Director by the person to whom the certificate wasissued.

Conversionof Special drawing rights.

190.(1) For the purpose of converting anamount from special drawing rights into dollars where no sum in dollars hasbeen fixed by the International Monetary Fund as being equivalent of one SpecialDrawing Right for any relevant date referred to in the 1992 CLC Protocol andthe 1992 Oil Fund Protocol, the last day before such relevant date for which asum has been so fixed shall be used to determine the relevant amount.

(2)Acertificate by or on behalf of the Ministry of Finance stating that aparticular sum in dollars had been fixed for a relevant date, or that no sumhad been fixed for such relevant date but a particular sum had been fixed for aday which was the last day for which a sum had been fixed prior to suchrelevant date, shall be conclusive evidence of those matters for the purposesof this subsection, the 1992 CLC Protocol or the 1992 Oil Fund Protocol;

(3)Adocument purporting to be such a certificate shall, in any proceedings, be receivedin evidence and unless the contrary is proved, be deemed to be such acertificate.

Definitionof “associated persons”.

191.For the purposes of Article 10(2) of the1992 Oil Fund Protocol an “Associated Person” is —

(b)wheretwo or more companies have been amalgamated into a single company and theperson referred to in Article 10(1) is one such company, the other companiesamalgamated;

(c)anysubsidiary company of the person referred to in Article 10(1).

Powerto obtain information.

192.(1) For the purposes of transmitting tothe International Oil Pollution Compensation Fund the names and addresses ofthe persons who are liable to make contributions to the Fund for any year, andthe quantity of oil in respect of which they are so liable, the Director mayrequire any person engaged in producing, importing, receiving, treating,distributing, or transporting oil to furnish such information as may bespecified.

(2)TheDirector may require a company to give such information as may be required toascertain whether its liability is affected by the 1992 Oil Fund Protocol.

(3)TheDirector may specify a way in which and a time within which such information isto be supplied.

(4)Inproceedings by the Fund against any person to recover any amount due under the1992 Oil Fund Protocol, particulars contained in any list transmitted by theDirector to the Fund shall, so far as those particulars are based oninformation obtained under this section, be admissible as evidence of the factsstated in the list; and so far as particulars which are so admissible are basedon information given by the person against whom the proceedings are brought,those particulars shall be presumed to be accurate until the contrary isproved.

Jurisdictionof the courts and registration of foreign judgements.

193.For the purposes of Article IX of the1992 CLC Protocol, an action brought in Antigua and Barbuda under paragraph 1of that Article for pollution damage caused —

(a)inAntigua and Barbuda;

(b)inthe territorial waters of Antigua and Barbuda; or

(c)inthe exclusive economic zone of Antigua and Barbuda, may be brought in thecourts of Antigua and Barbuda.

Admiraltyjurisdiction.

194.The Admiralty jurisdiction of the courtsof Antigua and Barbuda shall extend to —

(a)actionsfor compensation under the 1992 CLC Protocol; and

(b)actions(referred to in Article 7(1) of the 1992 Oil Fund Protocol) against theInternational Oil Pollution Compensation Fund 1992.

Reciprocalenforcement of foreign judgements.

195.(1) The Reciprocal Enforcements ofJudgements Act Cap. 369 shall apply, whether or not it would so apply apartfrom this subsection, to any judgment given by —

(a)acourt in a country to which the 1992 CLC Protocol applies to enforce a claim inrespect of a liability incurred under any provision implementing the 1992 CLCProtocol;

(b)acourt in a country to which the 1992 Oil Fund Protocol applies to enforce aclaim in respect of a liability incurred under any provision implementing the1992 Oil Fund Protocol.

(2)Nosteps shall be taken to enforce a judgment referred to in subsection (1)(b)unless and until the court in which the judgment is registered gives leave toenforce it and —

(a)theFund has notified such court either that the amount of the claim is not to bereduced under section 4 of Article 4 of the Oil Fund Convention or that it isto be reduced to a specified amount;

(b)inthe latter case, the judgment shall be enforceable only for the reduced amount.

 

PART VIII WRECK AND SALVAGE

CHAPTER 1 PRELIMINARY

Interpretationof Part VIII.

196.In this Part, unless the contextotherwise requires;

“Receiver”means a Receiver of Wreck and includes a deputy Receiver;

“salvage”includes all expenses properly incurred by a salvor in the performance ofsalvage services;

“shipwreckedpersons” means persons belonging to any ships referred to in section 199;

“vehicles”includes any vehicle of any description, whether propelled by mechanical poweror otherwise, and whether used for drawing other vehicles or otherwise;

“wreck”includes jetsam, flotsam, lagan and derelict found in or on the shores of thesea or any tidal water.

Principalreceiver of wreck and receivers.

197.(1) The Director shall be the PrincipalReceiver of Wreck for Antigua and Barbuda and shall have all the powers of aReceiver throughout Antigua and Barbuda.

(2)ThePrincipal Receiver of Wreck shall exercise general direction       and supervision over all matters relatingto receivers, wreck and salvage.

(3)TheMinister shall by notice published in the Gazette, appoint any person to be aReceiver in any district or order that all or any of the functions of theReceiver shall be exercised by such persons as may be specified in the order.

Feesof receiver of wreck.

198.(1) There shall be paid to every Receiverthe expenses properly incurred by him in the performance of his duties, andalso in respect of any such other matters as may be specified and such fees asthe Minister may prescribe by regulation.

(2)AReceiver shall, in addition to all other rights and remedies for the recoveryof his expenses and fees referred to in subsection (1), have the same rightsand remedies in respect thereof as a salvor has in respect of salvage due tohim.

(3)Wheneverany dispute arises as to the amount payable to any Receiver in respect ofexpenses or fees, such dispute shall be determined by the Minister whosedecision shall be final.

(4)Allfees received by a Receiver in respect of any services performed by him as suchreceiver shall be accounted for to the Government,and shall be applied in defraying any expenses duly incurred in the performanceof his duties and, subject to such application, shall be paid into theConsolidated Fund of Antigua and Barbuda.

 

CHAPTER 2 SHIPS IN DISTRESS:

FUNCTIONS OF RECEIVER OF WRECK

Dutyof reeiver on receipt of report of wreck.

199.(1) Where any ship is wrecked, strandedor in distress at any place on or near the coasts of Antigua and Barbuda, theReceiver for the district in which that place is situated shall, upon beingmade acquainted with the circumstances, forthwith proceed there and upon hisarrival shall:

(a)takethe command of all persons present, and

(b)assignsuch duties and give such directions to each person as he thinks fit for thepreservation of the ship and of the lives of the shipwrecked persons, and ofthe cargo and apparel of the ship; but theReceiver shall not interfere between the master and the crew of the ship inreference to the management thereof, unless he is requested to do so by themaster.

(2)Anyperson who wilfully disobeys the directions of the Receiver commits an offenceand is liable on conviction to a fine not exceeding two thousand dollars.

Power of receiver of wreck.

200.(1) The Receiver may, with a view to suchpreservation as aforesaid of ship wrecked persons, or of the ship, cargo orapparel—

(a)requiresuch persons as he thinks necessary to assist him;

(b)requirethe master or other person having the charge of any ship near at hand to givesuch aid with his men or ship, as may be in his power;

(c)demandthe use of any pumps, machinery or vehicles that may be obtainable.

(2)TheReceiver may cause to be apprehended and kept in custody until he can beconveniently taken before a magistrate to be dealt with in accordance with thelaw, any person who plunders, creates disorder or obstructs the preservation ofa ship wrecked, stranded or in distress on or near the coasts of Antigua andBarbuda and may use reasonable force for the suppression of such plundering, disorder or obstruction and may commandall persons in the vicinity to assist him.

(3)Everyperson who wilfully impedes or obstructs a Receiver or any person acting underhis orders in the execution of his duty commits an offence and is liable onconviction to imprisonment for a term not exceeding twelve months.

Powerto pass over adjoining land.

201.(1) Whenever a ship is wrecked, strandedor in distress as aforesaid, all persons may, subject to subsections (3) and(4) for the purpose of

(a)renderingassistance to the ship,

(b)savingthe lives of shipwrecked persons, or

(c)savingthe cargo or equipment of the ship, passand repass over any adjoining land without being subject to interruption by theowner or occupier and deposit on the land any cargo or other article recoveredfrom the ship.

(2)The rightof passage conferred by subsection (1) is a right of passage with or withoutvehicles.

(3)Noright of passage is conferred by subsection (1) where there is some public roadequally convenient.

(4)Therights conferred by subsection (1) shall be so exercised as to do as littledamage as possible.

(5)Anydamage sustained by an owner or occupier of land in consequence of the exerciseof the rights conferred by this section shall be a charge on the ship, cargo orarticles in respect of or by which the damage is caused.

(6)Anyamount payable in respect of such damage shall, in case of dispute, bedetermined and shall, in default of payment, be recoverable in the same manneras the amount of salvage is determined and recoverable under this Part.

(7)Anyowner or occupier of any land who

(a)impedesor hinders any person in the exercise of the rights conferred by this section;

(b)impedesor hinders the deposit on the land of any cargo or other article recovered fromthe ship; or

(c)preventsor attempts to prevent any cargo or other article recovered from the ship fromremaining deposited on the land for a reasonable time until it can be removedto a safe place of public deposit; commitsan offence and is liable on conviction to a fine not exceeding two thousand dollars.

Examinationin respect of ship in distress.

202.(1) Where any Antigua and Barbuda orforeign ship is or has been in distress on the coasts of Antigua and Barbuda, aReceiver or, in his absence, a magistrate, shall, as soon as is convenient,examine on oath (which he is hereby empowered to administer) any personbelonging to the ship or any other person who is able to give any accountthereof or of the cargo or stores thereof as to the following matters-

(a)thename and description of the ship;

(b)thename of the master and of the owners;

(c)thenames of the owners of the cargo;

(d)theports, from and to which, the ship was bound;

(e)theoccasion of the distress of the ship;

(f)theservices rendered; and

(g)suchother matters or circumstances relating to the ship or to the cargo on boardthe ship as the person holding the examination thinks necessary.

(2) Theperson holding the examination under subsection (1) in relation to any shipshall make a record thereof in writing, and shall send one copy to the Ministerand another to the Director.

 

CHAPTER 3

MEASURES TO BE TAKEN IN RESPECT OF WRECK

Dutiesof persons finding wreck.

203.(1) Where any person finds or takespossession of any wreck within the seaward limits of the territorial sea ofAntigua and Barbuda or brings within such seaward limits any wreck foundoutside these limits he shall —

(a)ifhe is the owner thereof, give notice to the Receiver of the district statingthat he has found or taken possession of the same and describing the marks by whichthe same may be recognised; or

(b)ifhe is not the owner thereof, as soon as possible deliver the same to theReceiver of the district.

Noticeof wreck.

204.Where a Receiver takes possession of anywreck, he shall, within forty- eight hours —

(a)causeto be posted at the nearest police station and otherwise publish in such manneras he may deem fit, a description of the wreck, the time at which and the placewhere it was found and of any marks by which it could be distinguished; and

(b)ifin his opinion the value of the wreck exceeds five hundred dollars, send a copyof such description to the Director.

Claimsof owners to wreck.

205.(1) The owner of any wreck in thepossession of the Receiver who establishes his claim to the wreck to thesatisfaction of the Receiver within one year from the time when the wreck cameinto the Receiver’s possession shall, on paying the salvage, fees and expensesdue, be entitled to have the wreck delivered or the proceeds of sale paid tohim.

(2)Where—

(a)aforeign ship has been wrecked on or near the coasts of Antigua and Barbuda, or

(b)anyarticles belonging to or forming part of or of the cargo of a foreign shipwhich has been wrecked on or near the coasts of Antigua and Barbuda are foundon or near the coast or are brought into any port, theappropriate consular officer shall, in the absence of the owner and of themaster or other agent of the owner, be treated as the agent of the owner forthe purposes of the custody and disposal of the wreck and other articles.

(3)Insubsection (2) “the appropriate consular officer”, in relation to a foreignship, means the consul of the country to which the ship or, as the case may be,the owners of the cargo, may have belonged or any consular officer of thatcountry authorised for the purpose by any treaty or arrangement with thatcountry.

Saleof wreck in certain cases.

206.(1) A Receiver may at any time sell anywreck in his custody, if in his opinion —

(a)itis under the value of five hundred dollars;

(b)itis so much damaged or of so perishable a nature that it cannot with advantagebe kept; or

(c)itis not of sufficient value for warehousing.

(2) Theproceeds of any sale made under subsection (1) shall, after defraying theexpenses thereof, be held by the Receiver for the same purposes and subject tothe same claims and liabilities as if the wreck had remained unsold.

 

CHAPTER 4 UNCLAIMEDWRECK

Unclaimedwreck property of government.

207.The Government of Antigua and Barbuda isentitled to all unclaimed wreck found in any port of Antigua and Barbuda or inAntigua and Barbuda waters.

Saleof wreck by receiver.

208.Where no owner establishes a claim to anywreck in the possession of a Receiver within one year after it came into hispossession, the Receiver may sell the same and shall pay the proceeds of the sale into the ConsolidatedFund of Antigua and Barbuda after —

(a)deductingfrom the proceeds the expenses of the sale and any other expenses incurred byhim; and

(b)payingto the salvors out of the proceeds such amount of salvage as the Minister mayin each case determine.

Dischargeof receiver.

209. Upondelivery of wreck or payment of the proceeds of sale of wreck by a Receiver inpursuance of the provisions of this Part, the Receiver shall be discharged fromall liability in respect thereof but such delivery or payment shall notprejudice or affect any question which may be raised by third partiesconcerning such wreck.

 

CHAPTER 5 REMOVAL OF WRECKS

Powersof harbour and conservancy authorities in relation to wrecks.

210.(1) Where any ship is sunk, stranded orabandoned in, or in or near any approach to, any Antigua and Barbuda harbour ortidal water in such a manner as, in the opinion of the competent authority, tobe, or be likely to become, an obstruction or danger to navigation, thatauthority may —

(a)takepossession of, and raise, remove or destroy the whole or any part of the shipand any other property found on board the ship;

(b)lightor buoy the ship or part of the ship and any other property until it is raised,removed or destroyed; and

(c)subjectto subsections (5) and (6), sell, in such manner as the authority thinks fit,the ship or part of the ship so raised or removed and any other propertyrecovered in the exercise of the powers conferred by paragraph (a) or (b) onthe competent authority;

(d)reimburseitself out of the proceeds of the sale, for the expenses incurred by it inrelation to the sale.

(2)Theother property to which the powers conferred by subsection (1) extend is everyarticle or thing or collection of things being or forming part of theequipment, cargo, stores or ballast of the ship.

(3)Anysurplus of the proceeds of a sale under subsection (1)(c)shall be held by the Authority in deposit for payment to theperson thereafterestablishing his right thereto; but the deposit shall be paid into theConsolidated Fund of Antigua and Barbuda unless such person makes his claimwithin three years of the sale.

(4)Exceptin the case of property which is of a perishable nature or which woulddeteriorate in value by delay, no sale shall be made under subsection (1) (c)until at least seven clear days notice of the intended sale has been publishedin the Gazette.

(5)Atany time before any property is sold under subsection (2)(c),the owner of the property shall be entitled to have it delivered to him onpayment of its fair market value.

(6)Themarket value of property for the purposes of subsection (6) shall be thatagreed on between the authority and the owner or, failing agreement, thatdetermined by a person appointed for the purpose by the Director.

(7)Thesum paid to the authority in respect of any property under subsection (5)shall, for the purposes of this section, be treated as the proceeds of sale ofthe property.

(8)Ifthe proceeds of any such property as is mentioned in this section are less thanthe costs incurred by the authority referred to in subsection (1), thatauthority may recover such difference from the owner of the ship by civilaction.

Breakingup and removing wreck.

211.(1) If any person being the owner of anyship or any wrecked, submerged, sunken or stranded ship, or the duly authorisedagent or servant of such owner, is desirous of breaking up such ship prior toremoval thereof from Antigua and Barbuda, such person shall, before commencingsalvage or breaking up operations, obtain the written permission of theReceiver who shall be entitled to grant permission and in his discretion,require security in such reasonable amount as he may consider necessary to ensure the effective removal of suchship or any portion thereof, from Antigua and Barbuda.

(2) Anyperson who without previous written permission of the Receiver does or causesto be done any salvage or breaking up operation of any ship or any wrecked,submerged, sunken or stranded ship lying within Antigua and Barbuda commits anoffence and is liable on conviction to a fine not exceeding two thousanddollars.

Extentof power of removal.

212.The provisions of this Part relating tothe removal of wrecks apply to every article or thing or collection of thingsbeing or forming part of the tackle, equipment, cargo, stores, or ballast of aship in the same manner as if it were included in the word “ship”; and for thepurposes of these provisions any proceeds of sale arising from a ship and fromthe cargo thereof or any other property recovered therefrom, shall be regardedas a common fund.

 

CHAPTER 6 OFFENCES RELATED TO WRECK

Removalto foreign port for sale.

213.Any person who takes into any foreignport and there sells any ship, whether stranded, derelict or otherwise indistress, found in Antigua and Barbuda or any part of the cargo or apparelthereof or anything belonging thereto, or any wreck found in Antigua andBarbuda commits an offence and is liable on conviction to a fine not exceedingfive thousand dollars.

Unauthorisedboarding of wreck.

214.(1) A person shall not, without the leaveof the master, board or endeavour to board any ship which is wrecked, strandedor in distress unless that person is or acts by command of the Receiver or aperson lawfully acting as such.

(2)Themaster of any ship which is wrecked, stranded or in distress may repel by forceany person who without his leave, board or endeavour to board such ship.

(3)Anyperson who acts in contravention of subsection (1) commits an offence and isliable on conviction to a fine not exceeding two thousand dollars.

Interferingwith wreck.

215.(1) A person shall not —

(a)impedeor hinder or endeavour in any way to impede orhinder the saving of any ship stranded or in danger of being stranded orotherwise in distress on or near any coast or tidal water or of any part of thecargo or apparel thereof or of any wreck;

(b)concealany wreck or deface or obliterate any marks thereon; or

(c)wrongfullycarry away or remove any part of a ship stranded or in danger of being strandedor otherwise in distress on or near any coast or tidal water or any part of thecargo or apparel thereof, or any wreck.

(2) Anyperson who contravenes subsection (1) commits an offence and is liable onconviction to a fine not exceeding two thousand dollars.

Summaryprocedure for concealment of wreck.

216.(1) Where a Receiver suspects or receivesinformation that any wreck is secreted or in the possession of some person whois not the owner thereof, or that any wreck is otherwise improperly dealt with,he may apply to any magistrate for a search warrant and that magistrate shallhave power to grant such a warrant and the Receiver, by virtue thereof, mayenter any house or other place wherever situated and also any ship and searchfor, seize and detain any wreck there found.

(2) Ifany such seizure of wreck is made in consequence of information given by anyperson to the Receiver on a warrant being issued under this section, theinformer shall be entitled by way of salvage to such sum not exceeding in anycase two hundred dollars as the Receiver may allow.

Takingwreck at the time of casualty.

217.(1) Where a ship is wrecked, stranded orin distress at any place on or near the coast of Antigua and Barbuda or anytidal water within Antigua and Barbuda, any cargo or other articles belongingto or separated from the ship which are washed on shore or otherwise lost ortaken from the ship shall be delivered to a Receiver.

(2)Anyperson (whether or not the owner of any cargo or article) referred to in thesubsection (1) who —

(a)concealsor keeps possession of any cargo or article; or

(b)refusesto deliver any such cargo or article to a Receiver or any person authorised bythe Receiver to demand such cargo or article; commitsan offence and is liable on conviction to a fine not exceeding five thousanddollars.

(3)AReceiver or any person authorised by the Receiver to demand the delivery to himof any cargo or article referred to in subsection (1) may take such cargo orarticle by force from any person refusing to deliver it to him.

 

 

CHAPTER 7 SALVAGE

Definitionof “salvage service”

218.Any service for saving life or maritimeproperty imperilled at sea is deemed a salvage service.

Salvageof life, ship, aircraft, wreck, apparel or cargo.

219.(1) Where services are rendered —

(a)whollyor in part within the territorial sea of Antigua and Barbuda in saving lifefrom any aircraft or ship, or elsewhere in saving life from any ship registeredin Antigua and Barbuda;

(b)withinthe territorial sea of Antigua and Barbuda, in assisting a ship or aircraftwhich is wrecked, abandoned, stranded or in distress or in saving wreck;

(c)inassisting a ship or saving its cargo or apparel or any part thereof when she iswrecked, stranded or in distress at any place on or near the coasts of Antiguaand Barbuda or in any tidal water within Antigua and Barbuda; by any person other than the Receiver,there shall be payable to the salvor by the owner of such aircraft, ship, wreck,cargo, or apparel, a reasonable amount of salvage, including expenses properlyincurred, to be determined in the case of dispute, in the manner set outhereinafter.

(2)Salvagein respect of the preservation of life shall be payable in priority to all otherclaims for salvage.

(3)Wherea ship, cargo and apparel are destroyed or the value thereof is insufficientafter payment of the actual expenses incurred to pay the amount of salvagepayable in respect of the preservation of life, the Minister of Finance may, inhis discretion, award to the salvor out of the Consolidated Fund of Antigua andBarbuda, such sum as he, with the concurrence of the Minister, may determine,in whole or part, satisfaction of any amount of salvage left unpaid.

Caseswhen rumuneration not admissible.

220.Nothing in section 219 entitles any personto remuneration—–

(a)inrespect of services rendered contrary to an express and reasonable prohibitionof such services on that part of the ship to which such services are rendered;

(b)in respectof services rendered by a tug or in respect of the ship which she is towing orthe cargo thereof, except where such services are of exceptional character suchas are outside the scope of the contract of towage;

(c)ifhe has caused the distress giving rise to the salvage, either intentionally orthrough negligence;

(d)ifand to such extent as it appears that he has concealed or unlawfully disposedof any property salvaged.

Settlementof salvage dispute.

221.(1) A dispute as to the amount ofsalvage, whether of life or property and whether the services for which it isclaimed to have been rendered be within or outside Antigua and Barbuda arisingbetween the salvor and the owner of any ship, cargo, apparel or wreck, shall,if not settled by agreement, arbitration or otherwise, in the following cases

(a)inany case where the parties in the dispute consent;

(b)inany case where the amount claimed does not exceed fifteen thousand dollars;

(c)inany case where the value of the property saved does not exceed one hundred andfifty thousand dollars; bereferred to and determined by a court of competent jurisdiction at or near theplace where the wreck was found, or in the case of services rendered, at ornear the port in Antigua and Barbuda into which the ship is first brought afterthe occurrence by reason whereof the claim of salvage arises.

(2)Subjectto subsection (1), any dispute as to salvage shall be determined by the HighCourt but if the claimant does not recover in that court more than one thousanddollars, he shall not be entitled to recover any costs, charges or expensesincurred by him in the prosecution of his claim, unless the Court certifiesthat the case was a fit one to be tried otherwise than in manner provided undersubsection (1).

(3)Adispute relating to salvage may be determined on the application either of thesalvor or of the owner of the property saved or of their respective agents.

(4)Thecourt or arbitrators to whom a dispute as to salvage is referred fordetermination may be for the purpose of determining any such dispute call intotheir assistance as assessor, any person conversant with maritime affairs andthere shall be paid as part of the cost of the proceedings to ever suchassessor in respect of his services such sum as the Minister may direct.

Rescissionof salvage agreements.

222.Every agreement relating to salvageentered into at the moment and under the influence of danger may be at therequest of either party, be annulled or modified by the High Court if the HighCourt considers that the conditions of such agreement are not equitable.

Jurisdictionin relation to disputes.

223.The Minister shall designate the Courtshaving jurisdiction to adjudicate disputes regarding salvage to be determinedsummarily as set out in section 221.

Appealin salvage dispute.

224.Where a dispute relating to salvage hasbeen determined by the High Court, any party aggrieved by the decision mayappeal therefrom in accordance with rules of Court; but no such appeal shall be allowed unless the sum indispute exceeds thirty thousand dollars.

Valuationof property by the receiver.

225.(1) Where any dispute as to salvage claimis made, the Receiver may, on the application of either party, appoint a valuerto value that property and shall give copies of the valuation to both parties.

(2)Acopy of the valuation purporting to be signed by the valuer and certified as atrue copy by the Receiver shall be admissible as evidence in any subsequentproceedings.

(3)Thereshall be paid in respect of the valuation by the person applying for the samesuch fee as the Minister may direct.

Detentionof property liable to receiver.

226.(1) Where salvage is due to any personunder the Act, the Receiver shall –

(a)ifthe salvage is due in respect of services rendered in assisting any ships or insaving the cargo or apparel thereof, detain the ship and cargo or apparel; and

(b)ifthe salvage is due in respect of the saving of any wreckand the wreck is notsold unclaimed under this Act, detain the wreck.

(2)Subjectas hereinafter mentioned, the Receiver shall detain the ship and the cargo andapparel or the wreck, hereinafter referred to as detained property, untilpayments are made for salvage or warrants are issued for the arrest ordetention thereof by a court of competent jurisdiction.

(3)AReceiver may release any detained property if security is given to hissatisfaction or if the claim for salvage exceeds one thousand dollars and anyquestion is raised as to the sufficiency of the security to the satisfaction ofthe High Court.

(4)Anysecurity given for salvage in pursuance of this section to an amount exceedingtwo thousand dollars may be enforced by the court in the same manner as if bailhad been given in that court.

Saleof detained property by Receiver.

227.(1) The Receiver may sell any detainedproperty if the persons liable to pay the salvage in respect of which theproperty is detained are aware of the detention in the following cases, namely:

(a)wherethe amount is not disputed and payment of the amount due is not made withintwenty days after the amount is due;

(b)wherethe amount is disputed, but no appeal lies from the decision of the first courtto which the dispute was referred and payment is not made within twenty daysafter the decision of the first court; or

(c)wherethe amount is disputed and an appeal lies from the decision of the first courtto which the dispute was referred to some other court and within thirty days ofthe decision of the first court, neither payment of the sum due is made norproceedings are commenced for the purpose of the appeal.

(2)Theproceeds of sale of detained property shall, after payment of the expenses ofthe sale, be applied by the Receiver in payment of the expenses, fees and salvage,and, so far as not required for that purpose, shall be paid to the owners ofthe property or any other persons entitled to receive the same.

Apportionmentof salvage in relation to foreign ship.

228.Where any dispute arises as to theapportionment of any amount of salvage among the owners, masters, pilot, crewand other persons in the service of any foreign ship, the amount shall beapportioned by the court or person making the apportionment in accordance withthe law of the country to which the ship belongs.

Apportionmentof salvage by receiver.

229.(1) Where the aggregate amount of salvagepayable in respect of salvage services rendered in Antigua and Barbuda has beenfinally determined, either summarily in the manner provided by this Chapter orby agreement, and does not exceed five thousand dollars but a dispute arises asto the apportionment thereof among several claimants, the person liable to paythe amount may apply to the Receiver for liberty to pay such amount to him.

(2)TheReceiver shall, if he thinks fit, receive the amount referred to in subsection(1) accordingly, and shall grant to the person paying the amount a certificateof the amount paid and of the services in respect of which it is paid.

(3)Acertificate granted under subsection (2) in respect of any amount shall be afull discharge and indemnity to the person by whom the amount is paid and tohis ship, cargo, apparel and effects, against the claims of all persons inrespect of the services mentioned in the certificate.

(4)TheReceiver shall with all convenient speed distribute any amount received by himunder this section among the persons entitled thereto on such evidence and insuch shares and proportions as he thinks fit and may retain any money whichappears to him to be payable to any person who is absent.

(5)Adistribution of any amount made by a Receiver in pursuance of this sectionshall be final and conclusive as against all persons claiming to be entitled toany portion of the amount distributed.

Apportionmentby the High Court.

230.Whenever the aggregate amount of salvagepayable in respect of salvage services rendered in Antigua and Barbuda has beenfinally ascertained and exceeds five thousand dollars, and whenever theaggregate amount of salvage payable in respect of salvage services renderedoutside Antigua and Barbuda has been finally ascertained (whatever that amountmay be), then if any delay or dispute arises as to the apportionment thereof,the High Court

(a)maycause such amount to be apportioned amongst the persons entitled thereto insuch manner as it thinks just and may for that purpose, if it thinks fit,appoint any person to carry that apportionment into effect;

(b)maycompel any person in whose hand or under whose control the amount may be todistribute such amount or to bring it into Court to be dealt with as the Courtdirects; and

(c)mayfor the purpose aforesaid issue such processes as it thinks fit.

Salvageservices rendered by Government.

231.(1) Where salvage services are renderedby or on behalf of the Government or with the aid of government property, theReceiver on behalf of the Government is entitled to claim salvage in respect ofthose services to the same extent as any other salvor and shall have the samerights and remedies in respect of those services as any other salvor.

(2)Noclaim shall be made for a Receiver’s fee or expenses if salvage is claimed onbehalf of the Government other than fees or expenses which may be included insuch salvage claim.

(3)Anysalvage award due to a Receiver in any salvage award to Government shall be forthe Receiver’s own remuneration.

Provisionsas to duties on wrecked goods.

232.(1) All wreck being foreign goods cominginto Antigua and Barbuda shall be subject to the same duties as those to whichsuch goods would be subject if they were imported into Antigua and Barbuda.

(2)Ifany question arises as to the origin of any goods referred to in subsection(1), they shall be deemed to be the product of such country as the Customsdepartment may on investigation determine.

(3)TheCustoms department shall permit all goods, wares or merchandise saved from anyship stranded or wrecked on her outward voyage to be returned to the port atwhich they were shipped, but the Customs department shall take security for thedue protection of the Consolidated Fund of Antigua and Barbuda in respect ofthose goods.

 

PART IX

 

SHIPOWNERS’ LIABILITY AND CARRIAGE OFGOODS CHAPTER  1

PASSENGER SHIPS

Issueof contract ticket.

233.(1) If any person receives money from anyperson for or in respect of a passage in any ship proceeding from any place inAntigua and Barbuda, he shall give to the person paying the same a contractticket signed by or on behalf of the owner or charterer of the ship.

(2)Thecontract ticket required by this section shall set out —

(a)theamount of the fare paid;

(b)theplaces between which the passenger is to be carried;

(c)whetherthe passenger is to be berthed or unberthed;

(d)whetherthe passenger is entitled to be supplied with food or must purchase his ownfood for the journey;

(e)theamount of baggage the passenger is permitted to carry free of charge; and

(f)anyother rights or obligations of the parties.

(3)Suchcontract ticket shall not —

(a)containany clause, condition or stipulation or

(b)referto any clause, condition or stipulation, not contained therein which —

(i)purportsto indemnify the owner or charterer of the ship from the consequences of anyneglect to ensure that the ship was seaworthy or

(ii)ofthe consequence of any neglect in the management or navigation of the ship or

(iii)whichwould deprive the passenger of any right or remedy which he would have enjoyedwere it not for such clause, condition or stipulation or reference.

(4)Ifany clause, condition or stipulation or reference specified in subsection (3)is contained in any contract ticket in contravention of this section, it shallbe void.

(5)Anyquestion which arises, respecting the breach or nonperformance of anystipulation in any such contract ticket at the option of the passengerinterested, may be tried before a magistrate and the magistrate may award thecomplainant such damages and costs as he thinks just not exceeding three timesthe amount of the passage money specified in the contract ticket.

AthensConvention relating to carriage of passengers and their luggage by sea, 1974.

234.The Minister may, after notice in theGazette of the ratification of the Athens Convention relating to Carriage ofPassengers and their Luggage by Sea, 1974, apply the provisions of that Conventionregarding liability for damage suffered as a result of death or personal injuryto passengers’ luggage, to passenger services operating to and from Antigua andBarbuda.

 

CHAPTER 2 LIMITATION OF LIABILITY

Interpretationof chapter 2 of part IX

235.For the purposes of this Chapter —

(a)“ship”includes any structure launched and intended for use in navigation as a ship oras a part of a ship;

(b)“goldfranc” means a unit consisting of sixty-five and one half milligrams of gold ofmillesimal fineness 900;

(c)“occurrence”means an occurrence referred to in subsection (1) of section 236;

(d)“propertyclaim” means any claim other than a personal claim arising from an occurrence.

Limitationof liability.

236.(1) The owner of a ship may limit hisliability in accordance with the provisions of section 237 in respect of anyclaim arising from anyof the following occurrences unless the occurrence givingrise to the claim resulted from the actual fault or privity of the owner

(a)lossof life, or personal injury to, any person being carried in the ship or lossof, or damage to any property on board the ship;

(b)lossof life, or personal injury to, any other person (whether on land or on water),loss of or damage to any other property or infringement of any rights

(i)whichis caused by the act, neglect or default for which the owner is responsible.

(ii)whichis caused by the act, neglect or default of any person not on board the shipfor whose act, neglect or default the owner is responsible; but the owner is entitled to limit hisliability in respect of any claim arising out of any act, neglect or default asis referred to in subparagraph (b)(ii) only when the act, neglect or default isone which occurs in the management of the ship or in the loading, carriage ordischarge of cargo or in the embarkation, carriage or disembarkation of itspassengers.

(2)Theburden of proving that the occurrence giving rise to a claim against the ownerof a ship did not result from his actual fault or privity shall be on the owner.

(3)Nothingin this section applies to —

(a)anyobligation or liability imposed by any law relating to the removal of wreck andarising from or in connection with the raising, removal or destruction of anyship which is sunk or stranded (including anything which may be on board suchship), and any obligations or liability arising out of damage caused to harbourwrecks, navigation and navigable waterways;

(b)claimsfor salvage or to claims for contribution in general average;

(c)anyclaim by the master or a member of the crew of the ship or any servant of theowner who is on board the ship or whose duties are connected with the ship(including any claim by the legal representative of such master, member of thecrew or servant) if the contract of service between the owner and such masteror member of the crew or servant is governed by the law of any foreign countryand that law either does not set any limit to the liability in respect of suchclaims or sets a limit exceeding that set to it by section 237.

(4)Anyaction on the part of the owner of a ship to limit his liability undersubsection (1) shall not merely by reason of such action constitute an admissionof liability.

(5)Anowner of a ship shall be entitled to limit his liability under subsection (1) inrespect of any occurrence even in cases where his liability arises withoutproof of negligence on the part of the owner or of persons for whose conduct heis responsible by reason of his ownership, possession, custody or control ofthe ship.

Limitsof Liability.

237.(1) The amounts to which the owner of aship may limit his liability under subsection (1) of section 236 shall be —

(a)wherethe occurrence has given rise to property claims only,an aggregate amount not exceeding the amount equivalentto one thousand gold francs for each ton of theship’s tonnage;

(b)wherethe occurrence has given rise to personal claims     only, an aggregate amount not exceeding the amount equivalent to three thousand and onehundred gold francs for each ton of the ship’s tonnage;

(c)(i)where the occurrence has given rise to both personal claims and propertyclaims, an aggregate amount not exceeding the amount equivalent to threethousand and one hundred gold francs for each ton of the ship’s tonnage ofwhich the first portion of the amount equivalent to two thousand and onehundred gold francs for each ton of the ship’s tonnage shall be appropriated tothe payment of personal claims, and of which a second amount shall beappropriated to the payment of property claims;

(ii) incases where the first portion is insufficient to pay the personal claims in full, the unpaid balance of such claimsshall rank rateably with the property claims for payments against the secondportion of the amount.

(2)Thelimits set by subsection (1) to the liabilities mentioned therein apply to theaggregate of such liabilities which are incurred on any distinct occasion, andso apply in respect of each distinct occasion without regard to any liabilityincurred on another occasion.

(3)Wherethe owner of a ship is entitled to make a claim against a claimant arising outof the same occurrence, their respective claims shall be set off against eachother and the provisions of this Part only apply to the balance, if any.

(4)Wherethe aggregate of the liabilities which are incurred on any distinct occasionexceeds the limits provided for in this section, the total sum representingsuch limits of liability may be constituted as one distinct limitation fund tobe deposited by the owner with a court of competent jurisdiction.

(5)Thefund thus constituted shall be available only for the payment of claims inrespect of which limitation of liability can be invoked.

(6)Afterthe fund has been constituted, no claimant against the fund shall be entitledto exercise any right against any other assets of the owner in respect of hisclaim against the fund, if the limitation fund is actually available for thebenefit of the claimant.

Powerof the Court to consolidate claims.

238.(a) Where any liability is alleged tohave been incurred by the owner of a ship in respect of any loss of life orpersonal injury or any loss of or damage to property or any infringement of anyright in respect of which liability is limited by section 237 and severalclaims are made or apprehended in respect of that liability, the court may, onthe application of that owner, determine the amount of his liability anddistribute that amount rateably among the several claimants.

(b)Such court may stay any proceedings pending in any court in relation to the same matter and the court may proceed insuch manner and subject to such rules of court as to making persons interestedparties to the proceedings and as to the exclusions of any claimants who do not apply to be joined in the proceedingswithin a certain time and as to requiring security from the owner and as to thepayment of any costs, as the court thinks just.

Extensionof limitation of liability.

239.The provisions of sections 236 and 237extend and apply to —

(a)thecharterer of a ship;

(b)anyperson having an interest in or possession of a ship from and including thelaunching thereof;

(c)themanager or operator of a ship where any of the events mentioned in paragraphs(a) and (b) of subsection (1) of section 236 occur without their actual faultor privity; and

(d)anyperson acting in the capacity of master or member of the crew of a ship and toany servant of the owner or any person, where any of the events described inparagraphs (a) and (b) of subsection (1)ofsection 236 occur whether with or without his actual fault or privity.

Shipsless than 300 tons.

240.For the purposes of sections 236 and 237,the tonnage of any ship that is less than three hundred shall be deemed to bethree hundred tons.

Calculationof tonnage.

241.(1) For the purposes of sections 235 to239 inclusive, the tonnage of a steamship is the registered tonnage with theaddition of any engine room space deducted for the purpose of ascertaining thattonnage and the tonnage of a sailing ship is her registered tonnage.

(2)Thereshall not be included in such tonnage any space occupied by seafarers andappropriated to their use.

(3)Themeasurement of such tonnage in the case of a foreign ship shall be according tothe provisions of this Act if it is capable of being so measured.

(4)Inthe case of any ship which is incapable of being measured under the provisionsof this Act, the Director shall, on receivingfrom or by direction of the court hearing the case such evidence concerning thedimensions of the ship as it is found practicable to furnish, give acertificate under his hand stating what would in his opinion have been thetonnage of such ship if she had been duly measured according to the provisionsof this Act and the tonnage so stated in such certificate shall for thepurposes of sections 237 and 238 be deemed to be the tonnage of such ship.

Severalclaims arising on one occasion.

242.The limitation of liability undersections 237 and 239 shall relate to the whole of any losses and damages whichmay be sustained by more than one person and shall apply whether the liabilityarises at common law or under any statute and notwithstanding anythingcontained in such statute.

Releaseof ship on security.

243.(1) In this section —

“Conventioncountry” means any country in respect of which the International Conventionrelating to the Limitation of the Liability of Owners of Seagoing Ships signedin Brussels on the 10th day of October, 1957 is in force (including any countryto which the Convention extends by virtue of Article 14 thereof);

“relevantport”

(a)inrelation to any claim, means the port where the event giving rise to the claimoccurred or if that event did not occur in a port, the first port of call afterthe event occurred; and

(b)inrelation to a claim for loss of life or personal injury or damage to cargoincludes the port of disembarkation or discharge.

(2)Wherea ship or other property is arrested in connection with a claim which appearsto the court to be founded on a liability to which a limit is set by sections237 and 239 of this Act or security is given to prevent or obtain release fromsuch an arrest, the court may, and in the circumstances mentioned in subsection(4) shall, order the release of the ship, property or security if theconditions specified in subsection (3) are satisfied; andwhere the release is ordered the person on whose application it is ordered isdeemed to have submitted to the jurisdiction of the Court to adjudicate on theclaim.

(3)Theconditions referred to in subsection (2) are —

(a)thatsecurity, which in the opinion of the Court is satisfactory, in this sectionreferred to as the guarantee, has previously been given whether in Antigua andBarbuda or elsewhere in respect of the said liability or any other liabilityincurred on the occasion and the Court is satisfied that if the claim isestablished the amount for which the guarantee was given or such part there ofas corresponds to the claim would be actually available to the claimant; and

(b)thateither the guarantee is for an amount not less than the said limit, or furthersecurity is given which, together with the guarantee, is for an amount not lessthan that limit.

(4)Thecircumstances mentioned in subsection (2) shall be that the guarantee was givenin a port which in relation to the claims is the relevant port or, as the casemay be, a relevant port and that such port is in a Convention country.

(5)Forthe purposes of this section —

(a)aguarantee given by the giving of security in more than one country shall bedeemed to have been given in the country in which the security was last given;

(b)anyquestion whether the amount of any security is either by itself or togetherwith any other amount not less than any limit set under the provisions of thisPart shall be decided as at the time when the security is given;

(c)wherepart only of the amount for which a guarantee was given will be available to a claimant,that part shall not be taken to correspond to his claim if any other part maybe available to a claimant in respect of a liability to which no limit is setas mentioned in subsection (2).

 

 

CHAPTER 3 DIVISION OF LIABILITY

Divisionof liability.

244.(1) Where by the fault of two or moreships, damage or loss is caused to one or more of those ships, to their cargoesor freight, or to any property on board, the liability to make good the damageor loss shall be in proportion to the degree in which each ship was at fault.

(2)Wherehaving regard to all the circumstances of the case it is not possible toestablish different degrees of fault, the liability shall be apportionedequally.

(3)Nothingin this section operates so as to render any ship liable forany loss or damageto which her fault has not contributed.

(4)Nothingin this section affects the liability of any person under contract of carriageor any contract, or is to be construed as imposing any liability upon anyperson from which he is exempted by any contract or by law or as affecting theright of any person to limit his liability in the manner provided by law.

(5)Forthe purposes of this section, the expression “freight” includes passage moneyand hire, and references to damages or loss caused by the fault of a ship shallbe construed as including references to any salvage or other expensesconsequent upon that fault recoverable at law by way of damages.

Jointand several liabilities.

245.(1) Where loss of life or personalinjuries are suffered by any person on board a ship owing to the fault of thatship and of any other ship or ships, the liability of the owners of the shipsshall be joint and several.

(2)Nothing in this section is to be construed as depriving any person of any rightof defence on which independently of this section he might have relied in any actionbrought against him by the person injured or any person or persons entitled tosue in respect of such loss of life or shall affect the right of any person tolimit his liability in cases to which this section relates in the manner providedby law.

Rightof Contribution.

246.(1) (a) Subject to paragraph (b), whereloss of life or personal injuries are suffered by any person on board a shipowing to the fault of that ship and any other ship or ships, and a proportionof the damages is recovered from the owner of one of the ships that exceeds theproportion in which she was at fault, the owner may recover by way ofcontribution the amount of the excess from the owners of the other ship orships to the extent to which these ships were respectively at fault.

(b) Noamount shall be so recovered that could not by reason of any statutory orcontractual limitation of, or exemption from liability, or could not for anyreason have been recovered in the first instance as damages by the personsentitled to sue therefor.

(2)Inaddition to any other remedy provided by law, the persons entitled to anycontribution under subsection (1) have, for the purpose of recovering the samesubject to the provisions of this Act, the same rights and powers as the personsentitled to sue for damages in the first instance.

Meaningof “owner”

247.The provisions of sections 244 to 246inclusive apply to all persons other than the owners responsible for the faultof the ship as though the expression “owners” included such persons and as thoughsuch expression included all persons responsible for the navigation andmanagement of the ship pursuant to a charter or demise.

 

CHAPTER 4 CARRIAGE OF GOODS BY SEA

BrusselsProtocol, 1968

248.The Minister may, after notice in theGazette of the ratification of the Brussels Protocol, 1968 (which amends theInternational Convention for the Unification of certain Rules relating of Billsof Lading, 1924) take such measures as may be considered necessary to implementthe provisions of that Protocol.

Codeof conduct for liner confrences.

249.The Minister may, after notice in theGazette of the ratification of the United Nations Convention on a Code ofConduct for Liner Conferences, 1974, take such measures as may be considerednecessary to implement the provisions of that Convention.

Lienon goods.

250.An owner of a ship registered in Antiguaand Barbuda shall have a lien on the goods carried, for —

(a)freight;

(b)generalaverage contributions;

(c)salvageexpenditure.

Generalaverage.

251.The losses admissible in General Averageshall be assessed and apportioned in accordance with the York Antwerp Rules, asamended from time to time.

 

PART X

INQUIRIES AND INVESTIGATIONS INTO MARINECASUALTIES

Investigationsof shipping casualties.

251.(1)Where any of the following casualties occur, that is to say —

(a)theloss or presumed loss, stranding, grounding, abandonment of, or damage to, aship;

(b)aloss of life or serious injury to any person, caused by fire on board, or byany accident to a ship or ship’s boat, or by any accident occurring on board aship or ship’s boat; or

(c)anydamage caused by a ship,and, at the time it occurs, the ship was an Antigua andBarbuda ship or the ship or ship’s boat was in Antigua and Barbuda waters, theDirector may cause a preliminary inquiry into the casualty to be held by aperson or a recognised organisation appointed for the purpose by the Director,who shall have the powers conferred on an inspector by section 259.

(2)Whetheror not a preliminary inquiry into the casualty has been held under subsection(1), the Minister may cause a Formal Investigation to be held by a Boardappointed for that purpose.

Investigationsof shipping casualties.

252.(1)A Board holding a Formal Investigation under section 252 shall consist of a legallyqualified person of high standing, assisted by one or more assessors appointedby the Minister; such assessorsbeing persons with requisite skills and knowledge in maritime matters.

(2)Whereas a result of the investigation the Board is satisfied, with respect to anyofficer, or any of the matters mentioned in paragraphs (a) to (c) of section 76(1) and, if it is a matter mentioned in paragraph (a) or (b) of that section,is further satisfied that the officer caused or contributed to the accident,the Board may cancel or suspend any endorsement issued to the officer undersection 72 or censure him; and where the Board cancels or suspends theendorsement the officer shall deliver the endorsement to the Board or theDirector.

(3)AnyOfficer who fails to deliver an endorsement as required under subsection (2)commits an offence and is liable on conviction to a fine not exceeding onethousand dollars.

(4)Wherean endorsement has been cancelled or suspended under this section, theDirector, if of the opinion that the justice of the case requires it, mayreissue the endorsement or, as the case may be, reduce the period of suspensionand return the endorsement, or may grant a new endorsement of the same or alower grade in place of the cancelled or suspended endorsement.

(5)TheBoard may make such awards as it thinks just with regard to the costs or, asthe case may be, expenses of the investigation, and with regard to the partiesby whom those costs or expenses are to be paid; and any such award of the Boardmay, on the application of any Party named in it, be made an Order of theCourt.

(6)TheBoard shall make a report on the investigation to the Minister.

Formalinvestigations.

253.(1)Where a Formal Investigation has been held under section 253, the Minister mayorder the whole or part of the case to be reheard and shall do so if

(a)newand important evidence which could not have been produced at the inquiry orinvestigation has been discovered; or

(b)itappears to the Minister that there are other grounds for suspecting that amiscarriage of justice may have occurred.

(2)Anorder under subsection (1) may provide for the rehearing to be made by theBoard which held the investigation or by the High Court.

(3)Anyrehearing under this section shall be conducted in accordance with rules madeunder the First Schedule, and section 254 shall apply in relation to arehearing of an investigation by a Board as it applies in relation to theholding of an investigation.

(4)Wherethe Board holding the investigation has decided to cancel or suspend theendorsement of any person, or has found any person at fault, then if noapplication for an order under subsection (1) has been made, or if suchapplication has been refused, that person or any other person who, having aninterest in the investigation has appeared at the hearing and is affected bythe decision or finding, may appeal to the Court.

Rehearingsand appeals.

254.Rulesof court made for the purpose of rehearings under section 254 which are held bythe High Court, or of appeals to the High Court, may require the Court, subjectto such exceptions, if any, as may be allowed by the rules, to hold such arehearing or hear such an appeal with the assistance of one or more assessors.

Rulesrelating to rehearings of inquiries and investigations.

255.Where—

(a)anyperson dies in an Antigua and Barbuda ship or in a boat or life-raft from sucha ship, or

(b)themaster of, or a seafarer employed in such a ship dies in a country outsideAntigua and Barbuda the Director may inquireinto the cause of death, and may make in the official log book an endorsementto the effect that the statement as to the cause of death in the log book is,in his opinion, true or untrue according to the result of any inquiry.

 

PART XI SURVEYORSAND INSPECTORS

Inquiriesinto causes of deaths.

256.(1)The Director may appoint, in any port or place within or outside Antigua andBarbuda, duly qualified persons to be surveyorsto survey ships under and for the purposes of this Act.

(2) Anyrecognised organisation may authorise any person to survey and measure shipsunder and for the purpose of this Act.

Appointmentof surveyors.

257.(1)The Director may, for the purposes of this Act, either generally or in aparticular case, appoint at such places as he considers advisable suitablyqualified inspectors; and one person may be appointed in several capacities.

(2)Thepowers of inspection conferred by this Act are also available       to the Director, any Deputy Director, anyRegistrar and any Deputy Registrar.

Appointmentof inspectors

258.(1)For the purpose of seeing that the provisions of this Act and regulations anddirectives made thereunder, or of any international convention, are fullyobserved and complied with, and for the effective carrying out of his powersand duties under this Act and such regulations, an inspector in Antigua andBarbuda may

(a)goon board any ship and inspect the same or any part thereof, or any of themachinery, boats, equipment or articles on board thereof to which the saidprovisions apply;

(b)bysummons under his hand, require the attendance of all such persons as he thinksfit to call before him and examine;

(c)requireaccess to data collection systems (VDR) on boardship;

(d)requireanswers or returns to be given or made by the master or any other member of thecrew of a ship to any   inquiries he isrequired or thinks fit  to make;

(e)requirethe production of any books, papers or documents; and

(f)administeroaths for obtaining sworn testimony.

(2)Aninspector in Antigua and Barbuda, where he considers it necessary inconsequence of accident or for any other reason, may require any ship to betaken into dock, at the expense of the owner of the ship, for a survey of herhull or machinery.

(3)Thepowers conferred upon an inspector by subsection (1),except paragraph (b), andsubsection (2) may be exercised by an inspector on or in respect of an Antiguaand Barbuda ship outside Antigua and Barbuda.

(4)Powersconferred by this section shall not be exercised so as to unnecessarily detain ordelay any ship.

(5)Whereany person is summoned under paragraph (b) of subsection (1), the law for thetime being in force in relation to magistrates’ courts shall apply to suchperson as if he was a witness summoned by a magistrate and the inspector wasthe magistrate by whom he was summoned.

(6)Anyperson who —

(a)obstructsany inspector in the exercise of his powers under this section or under anyother power conferred by this Act or any regulations made or deemed to be madethereunder; or

(b)withoutreasonable excuse fails to comply with any requirement made under this section;or

(c)knowinglygives a false answer to any question put to him by an inspector commits anoffence and is liable on conviction to a fine not exceeding five hundreddollars.

Powersof inspector.

259.Aninspector shall keep a record of the inspections he makes in such form and withsuch particulars respecting them as the Director may direct, and shall furnishcopies thereof and any other information pertaining to the duties of his officewhich the Director may require.

Recordof inspection and certificate.

(a) goon board any ship and inspect the same or any part thereof, or any of themachinery, boats, equipment or articles on board thereof to which the saidprovisions apply;

(b) bysummons under his hand, require the attendance of all such persons as he thinksfit to call before him and examine;

(c)require access to data collection systems (VDR) on boardship;

(d)require answers or returns to be given or made by the master or any othermember of the crew of a ship to any inquiries he is required or thinks fit tomake;

(e)require the production of any books, papers or documents; and

(f)administer oaths for obtaining sworn testimony.

(2) Aninspector in Antigua and Barbuda, where he considers it necessary inconsequence of accident or for any other reason, may require any ship to betaken into dock, at the expense of the owner of the ship, for a survey of herhull or machinery.

(3) Thepowers conferred upon an inspector by subsection (1),except paragraph (b), andsubsection (2) may be exercised by an inspector on or in respect of an  Antigua and Barbuda ship outside Antigua andBarbuda.

(4)Powers conferred by this section shall not be exercised so as to unnecessarilydetain or delay any ship.

(5)Where any person is summoned under paragraph (b) of subsection (1), the law forthe time being in force in relation to magistrates’ courts shall apply to suchperson as if he was a witness summoned by a magistrate and the inspector was themagistrate by whom he was summoned.

(6) Anyperson who —

(a)obstructs any inspector in the exercise of his powers under this section orunder any other power conferred by this Act or any regulations made or deemedto be made thereunder; or

(b)without reasonable excuse fails to comply with any requirement made under thissection; or

(c)knowingly gives a false answer to any question put to him by an inspectorcommits an offence and is liable on conviction to a fine not exceeding fivehundred dollars.

Recordof inspection and certificate.

260.Thepowers conferred on inspectors by this Part shall be exercised in conformitywith the provisions contained in sections 70, 133, 136, 161, 162, 167, 168 and178.

Controland compliance measures in conventions.

261.The powers conferred on inspectors by this Part shall be exercised inconformity with the provisions contained in sections 70, 133, 136, 161, 162,167, 168 and 178.

Furtherpowers of inspectors.

262.(1)An inspector, in exercise of his powers under section 257 —

(a)mayat any reasonable time or, in a situation which in his opinion is or may bedangerous, at any time —

(i)enter any premises, or

(ii)board any ship, if he has reasonsto believe that it is necessary for him to do so;

(b)may,on entering any premises by virtue of paragraph(a) or on boarding a ship byvirtue of that paragraph, take with him any other person authorised for thepurpose by the Director, and any equipment or materials he requires;

(c)maymake such examination and investigation as he considers necessary;

(d)maygive a direction requiring that the premises or ship or any part of thepremises or ship or any thing in the premises or ship or such a part shall beleft undisturbed, whether generally or in particular respects, for so long asis reasonably necessary for the purposes of any examination or investigationunder paragraph (c);

(e)maytake such measurements and photographs and make such recordings as he considersnecessary for the purpose of any examination or investigation under paragraph(c);

(f)maytake samples of any articles or substances found in the premises or ship and ofthe atmosphere in or in the vicinity of the premises or ship;

(g)may,in the case of any article or substance which he finds in the premises or shipand which appears to him to have caused or to be likely to cause danger tohealth or safety, cause it to be dismantled or subjected to any process ortest, but not so as to damageor destroy it unless that is in the circumstances necessary;

(h)may,in the case of any such article or substances as is mentioned in paragraph (g),take possession of it and detain it for so long as is necessary for all or anyof the following purposes, namely —

(i)toexamine it and do to it anything which he has power to do under that paragraph,

(ii)toensure that it is not tampered with before his examination of it is completed,

(iii)toensure that it is available for use as evidence in any proceedings for anoffence under this Act or any instrument made under it;

(i)requirepersons on board a ship to carry out such work as may be requisite for testingany equipment the inspector considers it necessary to test;

(j)mayrequire any person who he has reasonable cause to believe is able to give anyinformation relevant to any examination or investigation under paragraph (c)—

(i)toattend at a place and time specified by the inspector, and

(ii)toanswer, in the absence of persons other than a any persons whom the inspectormay allow to be present and a person nominated to be present by the person onwhom the requirement is imposed, such questions as the inspector thinks fit toask, and

(iii)tosign a declaration of the truth of his answers;

(k)mayrequire the production of, and inspect and take copies of, or of any entry in —

(i)anybooks or documents which by virtue of any provision of this Act are required tobe kept; and

(ii)anyother books or documents which he considers it necessary for him to see for thepurposes of any examination or investigation under paragraph (c);

(l)mayrequire any person to afford him such facilities and assistance with respect toany matters or things within that person’s control or in relation to which thatperson has responsibilities as the inspector considers are necessary to enablehim to exercise any of the powers conferred on him by this subsection.

(2)Itis hereby declared that nothing in the subsection (1) of this sectionauthorises a person unnecessarily to prevent a ship from proceeding on avoyage.

(3)Wherean inspector proposes to exercise the power conferred by subsection (1) (g) inthe case of an article or substance found in any premises or ship, he shall, ifso requested by a person who at the time is present in, and hasresponsibilities in relation to the premises or ship, cause anything which isto be done by virtue of that power to be done in the presence of that personunless the inspector considers that its being done in that person’s presencewould be prejudicial to the safety of that person.

(4)Beforeexercising the power conferred by subsection (1) (g), an inspector shallconsult such persons as appear to him appropriate for the purpose ofascertaining what danger if any, there may be in doing anything which heproposes to do under that power.

(5)Whereunder the power conferred by subsection (1) (h), an inspector takes possessionof any article or substance found in any premises or ship, he shall leavethere, either with a responsible person or, if that is impracticable, fixed ina conspicuous position, a notice giving particulars of that article orsubstance sufficient to identify it and stating that he has taken possession ofit under that power; and before taking possession of any such substance underthat power an inspector shall, if it is practicable for him to do so, take asample of the substance and give to a responsible person at the premises or onboard the ship a portion of the sample marked in a manner sufficient toidentify it.

(6)Noanswer given by a person in pursuance of a requirement imposed under subsection(1) (i) shall be admissible in evidence against that person or the husband orwife of that person in any proceedings except proceedings in pursuance ofsubsection (1)(c) of section 259 in respect of a statement in or a declarationrelating to the answer; and a person nominated as mentioned in the saidsubsection (1) (i) shall be entitled, on the occasion on which the questionsthere mentioned are asked, to make representations to the inspector on behalfof the person who nominated him.

 

PART XII

JURISDICTION AND LEGAL PROCEEDINGS CHAPTER1

JURISDICTION

Jurisdiction

263.(1)For the purpose of giving jurisdiction under this Act, every offence shall bedeemed to have been committed and every cause of complaint to have arisen,either in the place in which the same actually was committed or arose, or inany place in which the offender or person complained against may be.

(2)Where, in any legal proceedings under this Act, a question arises whether anyship or person is or is not within the provisions of this Act or of some Partof this Act, the ship or person shall be deemed to be within those provisionsunless the contrary is proved.

Jurisdictionover ship lying or passing off the coast.

264.Whereany district within which any court has jurisdiction either under this Act orany other enactment or at common law for any purpose whatsoever is situated onthe  coast of any sea or abutting on orprojecting into any bay or other navigable water, every such court shall havejurisdiction over any ship being in or near that bay or navigable water, andover all persons on board that ship or for the time being belonging thereto, inthe same manner as if the ship or persons were within the limits of theoriginal jurisdiction of the court.

Jurisdictionto try offences committed on board ships.

265.Notwithstandinganything contained in any other law in force in Antigua and Barbuda but subjectto the provisions of section 264 —

(a)whereany person being a citizen of Antigua and Barbuda is charged with havingcommitted any offence on board any Antigua and Barbuda ship wherever the shipmay be;

(b)whereany person not being a citizen of Antigua and Barbuda is charged with havingcommitted any offence on board an Antigua and Barbuda ship, in the territorialsea of Antigua and Barbuda or on the high seas;

(c)whereany person not being a citizen of Antigua and Barbuda is charged with havingcommitted any offence on board a ship, other than an Antigua and Barbuda ship,at any port in Antigua and Barbuda or in the territorial sea of Antigua andBarbuda; and that person is found in Antigua andBarbuda, any court that would have heard the offence if it had been committedwithin the limits of its ordinary jurisdiction shall have jurisdiction to trythe offence as if it had been so committed.

Offencesby Antigua and Barbuda Seafarers.

266.Anyoffence against property or person committed on any Antigua and Barbuda ship atany place outside Antigua and Barbuda by any master, seafarer, or apprentice,who at the time when the offence is committed is employed in any Antigua andBarbuda ship, shall be —

(a)anoffence of the same nature respectively and be liable to the same punishmentsrespectively, and

(b)beinquired into, heard, tried, determined and adjudged in the same manner and bythe same courts and in the same places, asif that offence had been committed within the country of the port of registryof their ship.

Jurisdictionin collision and other cases.

267.(1)No court in Antigua and Barbuda shall entertain an action in personam toenforce a claim to which this section applies unless —

(i)thedefendant has his habitual residence or a place of business within Antigua andBarbuda;

(ii)thecause of action arose within the waters of Antigua and Barbuda or within thelimits of a harbour or port of Antigua and Barbuda; or

(iii)anaction arising out of the same incident or series of incidents is proceeding inthe court, or has been heard and determined by the court.

(2)Nocourt in Antigua and Barbuda shall entertain an action in personam to enforce aclaim to which this section applies until any proceedings previously brought bythe plaintiff in any court outside Antigua and Barbuda against the samedefendant in respect of the same incident or series of incidents have beendiscontinued or otherwise come to an end.

(3)Theprovisions of subsection (1) and (2) apply to counterclaims in proceedingsarising out of the same incident or series of incidents, as they apply toactions in personam, but as if the references to the plaintiff and thedefendant were respectively references to the plaintiff on the counterclaim andthe defendant to the counterclaim.

(4)Theprovisions of subsections (1), (2) and (3) do not apply to any action orcounterclaim if the defendant thereto submits or has agreed to submit to thejurisdiction of the court.

(5)Subjectto the provisions of subsection (2), where a court has jurisdiction for thepurposes of this Act, the jurisdiction shall extend to entertain an action inpersonam to enforce a claim to which this section applies whenever any of theconditions specified in paragraph (a) of subsection (1) is satisfied; and therules of court relating to the service of process outside the jurisdictionapply as appropriate having regard to the provisions of this subsection.

(6)Nothingin this section shall —

(a)preventan action or counterclaim which is brought under this section from beingtransferred to some other court of competent jurisdiction; or

(b)affectproceedings in respect of any cause of action arising before the coming intooperation of this section.

(7)Theclaims to which this section applies are claims for damage, loss of life,personal injury arising out of a collision between ships, or out of thecarrying out of or omission to carry out a manoeuvre in the case of one or moreor two or more ships or out of noncompliance, on the part of one or more of twoships, with the collision rules.

(8)Forthe avoidance of doubt, it is hereby declared that this section shall apply inrelation to the jurisdiction of any court not being admiralty jurisdiction aswell as in relation to its admiralty jurisdiction, if any.

Jurisdictionas to unsatisfied mortgages

268.Wherethe registration of a ship is considered to be closed on account of a transferto persons not qualified to own a registered Antigua and Barbuda ship, anyunsatisfied mortgage may, if the ship comes within the jurisdiction of anycourt in Antigua and Barbuda which has jurisdiction to enforce the  mortgage, or would have had such jurisdictionif the transfer had not been made, be enforced by that court notwithstandingthe transfer, without prejudice, in cases where the ship has been sold under ajudgment of a court, to the effect of that judgement.

 

CHAPTER 2

DETENTION AND DISTRESS ON SHIP

Powerto detain foreign ship that has occasioned damage.

269.(1)Whenever —

(a)anydamage has in Antigua and Barbuda or in any part of the world been caused toany property belonging to an Antigua and Barbuda citizen by any ship notregistered in Antigua and Barbuda, or

(b)aclaim is made for damages by or on behalf of any Antigua and Barbuda citizen inrespect of personal injuries, including fatal injuries against the owners ofany such ship, and if at any time thereafter that ship isfound in any part of or place in Antigua and Barbuda or within the territoriallimits thereof, a Judge of the High Court may, upon it being shown to him byany person applying summarily that the damage or injury was probably caused bythe misconduct or want of skill of the master or mariners of the ship, issue anorder directed on any officerof customs or other officer named by the Judge requiring him to detain the shipuntil such time as the owner, or agent thereof—

(i)hasmade satisfaction in respect of the damage or injury, or

(ii)hasgiven security to be approved by the Judge to abide the event of any action,suit or other legal proceedings that may be instituted in respect of the damageor injury, and pay all costs and damages that may be awarded thereon.

(2)Anyofficer of customs or other officer to whom the order is directed shall detainthe ship accordingly.

(3)Whereit appears that before an application can be made under this section the shipin respect of which the application is to be made will have departed from thelimits of Antigua and Barbuda, the ship may be detained for such time as willallow the application to be made and the result thereof to be communicated tothe officer detaining the ship, and that officer shall not be liable for anycosts or damages in respect of the detention, unless the same is proved to havebeen made without reasonablegrounds.

(4)Inany legal proceedings in relation to any such damage or personal injury, theperson giving security shall be made defendant and shall be stated to be theowner of the ship that has occasioned the damage or injury; and the productionof the order of the judge made in relation to the security shall be conclusiveevidence of the liability of the defendant to the  proceeding.

Enforcementof detention of ship.

270.(1)Where, under this Act, a ship is to be, or may be detained, any persongenerally or specially authorised by this Act or by the Director may detain theship.

(2)Ifthe ship, after detention or after service on the master of any notice of anorder for detention, proceeds to sea before it is released by a competent authority,the master of the ship, and also the owner and any person who sends the ship tosea, if that owner or person is party or privy to the master’s offence, commits an offence and is liable on conviction toa fine not exceeding five thousand dollars.

(3)Whereunder this Act a ship is to be detained, the Comptroller of Customs shallrefuse to grant port clearance; and in any other case authorising the detentionof a ship, the Comptroller of Customs may refuse port clearance.

Seizureand sale of ship in default of payment of penalty

271.(1)In every case in which a conviction has been secured against the owner of aship for a contravention of any of the provisions of this Act, and a fine hasbeen imposed, the ship shall, if the fine is not paid forthwith, be liable tobe seized and, after such reasonable notice as the Director may, in each case,prescribe, may be sold by any person authorised for that purpose in writing bythe Director.

(2)Anyperson authorised under subsection (1) may, by bill of sale, give to thepurchaser a valid title to the ship free from any mortgage or other claimthereon which at the time of the sale may be in existence.

(3)Anysurplus money remaining from the proceeds of sale after paying the amount ofthe fine and the costs of conviction, together with the costs of the seizureand sale, shall be paid over to any person who has a maritime lien or otherpreferential claims in respect of the ship or the mortgagee, or the owner asthe case may be.

Noticeto consular office in case of detention of foreign ship.

272.Whereany foreign ship is detained under this Act, and any proceedings are takenunder this Act against the owner or master of any such ship, notice shall forthwithbe given to the consular officer for the country to which the ship belongs, ator nearest to the port where the ship is for the time being, and such noticeshall specify the grounds on which the ship has been detained or theproceedings have been taken.

Costof detaining ship.

273.Wherea ship is held under any provision of this Act requiring detention until thehappening of a certain event, the ship shall be deemed to be finally detainedfor the purposes of section 269; and the owner of the ship shall be liable topay to the Government the costs of and incidental to the detention and survey,if any, of such ship, and these costs shall, without prejudice to any otherremedy, be recoverable as salvage is recoverable.

Distresssale.

274.(1)Where any court may make an order under this Act directing payment to be madeof any seafarer’s wages, fines or other sums of money, then, if the party whois so directed to pay the same is the owner or master of a ship, and the sameis not paid at the time or in the manner prescribed in the order, the courtwhich madethe order may direct the amount remaining unpaid to be realised bydistress sale of the ship, her tackle, furniture and apparel; or the order maybe removed into any other court for the purpose.

(2)Theremedy made available by this section is in addition to any other powers forcompelling the payment of money ordered to be paid.

 

CHAPTER 3 LEGAL PROCEEDINGS

Limitationof actions in civil proceedings.

275.(1)(a) Subject to the provisions of this section, no action shall be maintainable:

(i)toenforce any claim or lien against a ship or her owners in respect of any damageor loss to another ship, her cargo or freight, or any property on board, ordamages for loss of life or personal injuries suffered by any person on board,caused by the fault of the former ship, whether such ship be wholly or partly at fault; or

(ii)inrespect of any salvage services, unlessproceedings therein are commenced within one year from the date when the damageor loss or injury was caused or the salvage services were rendered.

(b) Anaction shall not be maintainable under this Act to enforce any contribution inrespect of an overpaid proportion of any damages for loss of life or personalinjuries unless proceedings therein are commenced within one year from the dateof payment.

(2)Anycourt of competent jurisdiction may in accordance with the rules of courtextend any such period to such extent and on such conditions as it thinks fitand shall, if satisfied that during the period there has not been a reasonableopportunity of arresting the defendant ship

(i)atany port in Antigua and Barbuda, or

(ii)withintwelve miles of the coast thereof, or

(iii)locallywithin the jurisdiction of the country to which the ship of the plaintiff belongs,or

(iv)inwhich the plaintiff resides or has his principal place of business, extend the period to the extent necessaryto give such a reasonable opportunity.

(3)Nothingin this section shall affect statutory provisions as to compensation for workmen.

Depositionsin cases in which witnesses cannot be produced.

276.(1)Subject to the provisions of this section, where in the course of anyproceedings instituted under this Act before any court or person authorised toreceive evidence, the testimony of any witness is required in relation to thesubject matter of the proceedings and the witness cannot be found in Antiguaand Barbuda, any deposition that the witness has previously made on oath inrelation to the same subject matter before any judge or magistrate in anycountry other than Antigua and Barbuda or before any diplomatic or consularofficer of Antigua and Barbuda in any foreign country shall be admissible inevidence.

(2)Nodeposition shall be admissible in criminal proceedings unless the depositionwas taken in the presence of the person accused,and the judge, magistrate ordiplomatic or consular officer when authenticating the deposition made beforehim certifies that the accused was present at the taking thereof.

(3)Adeposition admissible for the purposes of this section shall be deemed to beduly authenticated if it purports to have been signed by the judge, magistrateor diplomatic or consular officer before whom it was taken.

(4)Itshall not be necessary in any case to prove the signature or official characterof the person appearing to have signed any such deposition; and in any criminalproceeding, a certificate purporting to have been signed by the judge,magistrate or diplomatic or consular officer before whom the deposition wastaken that the accused was present at the taking of the deposition shall,unless the contrary is proved, be sufficient evidence of the fact.

(5)Nothingin this section shall affect any case in which depositions taken in anyproceedings are rendered admissible in evidence by any other enactment.

Evidenceand service of document.

277.Notwithstandinganything in any other enactment where any document is required by this Act tobe executed in the presence of, or to be attested by, any witness, thatdocument may be proved by the evidence of any person who is able to bearwitness to the requisite facts, without calling the attesting witness.

Admissibilityof documents in evidence.

278.(1)Where a document is under this Act declared to be admissible in evidence, suchdocument shall, on its production from the proper custody.

(a)beadmissible in any court or before any person having proper authority to receiveevidence, and

(b)unlessadmission is refused on any other ground, be evidence of the matters statedtherein in pursuance of this Act or by any officer in pursuance of his dutiesas such officer.

(2)Acopy of any such document or extract therefrom shall also be admissible inevidence —

(a)ifproved to be a copy or extract made from or compared with the original, or

(b)ifit purports to be signed and certified as a true copy or extract by the officerto whose custody the original document was entrusted.

(3)Anyperson having authority to receive evidence shall have the same powers as acourt to impound any document to whichthis section applies, which has a false or counterfeit seal, stamp or signatureattached thereto, and the restrictions which apply for the admission ofsecondary evidence shall have effect accordingly.

Serviceof documents.

279.(1)Where, for the purposes of this Act, a document is to be served on any person,that document may be served —

(a)inany case, by delivering a copy thereof personally to the person to be served,or by leaving the same at his last place of abode;

(b)ifthe document is to be served on the master of a ship, where there is one, or ona person belonging to a ship, by leaving the same for him on board that shipwith the person being, or appearing to be, in command or charge of the ship;

(c)ifthe document is to be served on the master of the ship, where there is nomaster, and the ship is within Antigua and Barbuda, on the managing owner ofthe ship, or, if there is no managing owner, on some agent of the ownerresiding in Antigua and Barbuda, or where no such agent is known or can befound by affixing a copy thereof in some conspicuous place in the ship.

(2) Ifany person obstructs the service on the master of the ship of any documentunder the provisions of this Act relating to the detention of ships asunseaworthy, that person commits an offence; and, if the owner or master of theship is party to the obstruction, he commits an offence, in either case isliable on conviction to a fine not exceeding two thousand dollars.

 

CHAPTER 4 OFFENCES

Prosecutionof offences and instituting of action.

280.(1)Proceedings in respect of an offence under this Act shall be instituted andconducted summarily.

(2)Anyperson who commits an offence under this Act or does anything or omits to doanything in contravention of the provisions of this Act or of any rule orregulation made thereunder, forwhich no specific penalty is provided, shall be liable on conviction to a finenot exceeding five thousand dollars or to a term of imprisonment not exceedingthree months or to both such fine and imprisonment.

(3)Wherean offence under this Act is a continuing one, and no penalty is provided inrespect of the continuance thereof elsewhere than in this section, every personwho commits that offence is, in addition to any other liability, liable to afine not exceeding one hundred dollars for every day or part of a day duringwhich the offence continues.

Recoveryof fines.

281.(1)Fines incurred or imposed under this Act may, except as otherwise provided bythis Act, be recovered in a court of summary jurisdiction.

(2)Exceptas otherwise provided, expressions in this Act that any person is liable to afine shall be held to imply that that person has committed an offence underthis Act, and in the absence of any express provision relating to imprisonmentin case of nonpayment of any fine imposed, the offender may, upon default ofpayment of any such fine imposed, be imprisoned for a term not exceeding sixmonths unless such a fine is sooner paid.

(3)Anyreference in this Act to liability for a fine for a specific amount is areference to a fine not exceeding that amount.

Applicationof fines.

282.Whereany court imposes a fine under this Act for which no specific application isprovided in this Act, that court may direct the whole or any part of the fineto be applied in compensating any person for any wrong of damage that he mayhave sustained by the offence in respect of which    the fine is imposed, or to be applied in or towards payment of the expensesof the proceedings.

Limitationof time as to summary proceedings.

283.(1)Neither a conviction for an offence nor an order for payment of money shall bemade under this Act in any summary proceedings instituted in any Magistrate’sCourt —

(a)unlesssuch proceedings are commenced within six months after the commission of theoffence or after the cause of complaint arises, as the case may be; or

(b)ifany of the parties to the proceedings happens during that time to be out ofAntigua and Barbuda unless the proceedings are commenced, in the case of

(i)aconviction, within two months; and

(ii)anorder, within six months of theparties being together in Antigua and Barbuda.

(2) Nowritten law for the time being in force which limits the time within which theproceedings may be instituted in any Magistrate’s Court affects any proceedingsunder this Act.

Offencesby bodies corporate.

284.Wherean offence under this Act, or any regulations made thereunder, which has beencommitted by a body corporate, is proved to have been committed with theconsent or connivance of, or to be attributable to any neglect on the part of,a director, manager, secretary or other similar officer of the body corporate,or any person who was purporting to act in any such capacity, he, as well asthe body corporate, commits an offence, and is liable to be proceeded againstand punished accordingly.

 

PART XIII SUPPLEMENTAL AND FINAL

CHAPTER 1 SHIPPING POLICY

Principlesinternational law.

285.Antiguaand Barbuda shall follow recognised principles of international law; and inparticular —

(i)theprinciple of the freedom of the high seas shall be duly recognised;

(ii)Antiguaand Barbuda ships on the high seas are subject to the lawof Antigua andBarbuda;

(iii)foreignmerchant ships shall have the right of innocent passage through the territorialsea of Antigua and Barbuda;

(iv)whilein the territorial sea of Antigua and Barbuda, foreign ships shall be withinthe jurisdiction of the Government of Antigua and Barbuda and be subject to itscontrol, particularly in matters pertaining to regulation by IntranationalConventions, such as on pollution, safety and maritime security;

(v)foreignships shall have free access to Antigua and Barbuda ports in the matter of portfacilities such as allocation of berths, loading and unloading facilities aswell as dues and charges of all kinds levied in the name of Government orpublic authorities, in accordance with the provisions of the Convention andStatute on International Regime of Maritime Ports, 1923.

Measuresto assist shipping industry.

286.(1)Development of a national shipping industry shall be accorded high priority innational policies and programmes.

(2)Forsuch purposes, the Cabinet may adopt from time to time all or any of thefollowing measures of assistance to the industry—

(i)directparticipation of Government in the shippingindustry and the establishment ofshipping enterprises in the public sector;

(ii)grantof loans on concessionary terms to the shipping industry for the acquisition ofships;

(iii)grantof Government guarantees to commercial loans raised by shipowners;

(iv)grantof bonus to shipowners on the foreign exchange earned by operation in overseastrade;

(v)conclusionof bilateral agreements with neighbouring countries for the sharing of theexport and import trade exclusively by the national shipping lines of the twocountries;

(vi)taxconcessions by way of tax holidays, accelerated depreciation, investmentallowance, and tax free reserves;

(vii)taxconcessions to exporters and importers who patronise national shipping;

(viii)controlof terms of sale and purchase of commodities moving in the export and importtrade so as to channel as much as possible of such commodities to nationalships;

(ix)exemptionfrom customs duty of ships imported from abroad;

(x)exemptionfrom customs duty of equipment and spare parts of ships and material requiredfor ship repair;

(xi)exemptionfrom tax on proceeds of sale of ships when invested in  the acquisition of replacement ships;

(xii)impositionof obligation on foreign lines to appoint Antigua and Barbuda lines as theiragents in Antigua and Barbuda.

Coastaltrade.

287.Theprovisions of this Act may be modified in their application to coastal-tradeships in such manner and to such extent as the Minister may prescribe.

 

CHAPTER 2 FINAL CLAUSES

Implementationof treaties.

288.Forthe purpose of giving effect to any international agreement or otherinternational treaty instrument relating to shipping or the prevention ofpollution of the marine environment, to which Antigua and Barbuda is a party,the  Minister may by order make suchamendment to any provision of this Act as appear to him to be necessary.

Conventionsto prevail.

289.Wherean international convention or other international instrument applies toAntigua and Barbuda and a provision of that convention or instrument and aprovision of this Act conflict in anymanner, the provision of the convention or instrument shall prevail unless theMinister otherwise provides.

Contraventionof international conventions.

290.Where,in respect of any Antigua and Barbuda ship, there is any contravention of arequirement of any international convention or other international instrumentwhich applies to Antigua and Barbuda, the Director may suspend the certificateof registry of the ship until the contravention is rectified.

Transitional

291.Anyact carried out under the repealed Antigua and Barbuda Merchant Shipping ActAntigua and Barbuda shall be treated as carried out under this Act.

Repeals.Cap 28.

292.TheAntigua and Barbuda Merchant Shipping Act is hereby repealed.

 

FIRST SCHEDULE

MATTERSINTER ALIA ON WHICH REGULATIONS, RULES OR DIRECTIVES MAY BE MADE

Section7

No.   Matter

10   Examination and assessment of seafarers. Annex to this Schedule

11   Manning scale

12    Crewagreements

13   Discharge of seafarers

14   Arrangements for employment

15   Employment of minors

16   Changes in crew

17   Conditions of service

18    Wagesand accounts

19   Allotment notes

20    Safeworking conditions, safe means of access and reporting of injuries.

21    Crewaccommodation

22   Provisions and water, weights and measures

23   Medical stores; medical treatment, expenses of medical treatment

24   Complaints by seafarers

25   Periodical inspection for purposes of items 22-24

26    Reliefand repartriation

27   Property of deceased seafarers

28   Documentation and returns

       Other

29    Localsafety certificates

30   Surveys

31    Fees

32    Forms

33   Conduct of investigations or imquiries, or rehearings thereof

34   Implementation of treaties

35    SmallCommercial Vessels (SCV) Code

 

 

SECOND  SCHEDULE

APPROPRIATECERTIFICATES, CRITERIA AND MANDATORY MINIMUM TRAINING REQUIREMENTS PRESCRIBEDBY THE STCW CONVENTION

 

1.QUALIFICATIONAS AN OFFICER

Aperson is qualified as an officer for the purpose of Part IV if as an officerhe holds a certificate of competency in one of the following capacities:

(a)(i)master

(ii)chiefmate, or

(iii)officerin charge of a navigational watch, or

(b)(i)chief engineer officer

(ii)secondengineer officer, or

(iii)engineerin charge of an engineering watch, or

(c)radiooperator.

 

2.APPROPRIATECERTIFICATES

Anyofficer serving in the capacity set out in column one of the table below shallhold an appropriate certificate for that capacity. A person shall be entitledto be issued with such an appropriate certificate only if he complies with thecriteria in regulations annexed to the STCW Convention, and specified in columntwo of the table in relation to that entry, and other requirements specifiedand laid down in the relevant rules and procedures of the Antigua and BarbudaManagement System.

 

3.SAFEMANNING CERTIFICATES

(a)ADOMSshall issue a “Safe Manning Certificate” to each ship according to thestandards prescribed by the STCW Convention and IMO Resolution A. 890 (21).

(b)Thegrades and numbers of personnel listed in the Safe Manning certificate shallreflect the minimum level of manning necessary for the safety of navigation andoperation. Additional personnel as may be necessary for maintenance, cargohandling or watch keeping are the responsibility of the company, master andchief engineer.

 

4.SEAFARERSAT THE SUPPORT LEVEL AND HOLDERS OR OTHER QUALIFICATIONS

(a)Everyseafarer at the support level forming part of a navigational watch on a ship of500 GT or more, other than seafarers at the support level under training andseafarers at support level whose duties while on watch are of an unskilled nature,shall hold a certificate issued in accordance with Regulation II/4.2 of theSTCW Convention, by an Administrations, the certificates of which arerecognised by Antigua and Barbuda.

(b)Everyseafarer at the support level forming part of an engine room watch ordesignated to perform duties in a periodically unmanned engine room on a shippowered by main propulsion machinery of 750 kW propulsion power or more, otherthan seafarers at the support level under training and seafarers at the supportlevel whose duties are of an unskilled nature, shall hold a certificate issuedin accordance with Regulation III/4.2 of the STCW Convention, by anAdministrations, the certificates of which are recognised by Antigua and Barbuda.

(c)Thequalifications of seafarers serving on ships less than 500 GT and powered bymain propulsion machinery of 350 kW or more, but less than 750 kW shall bespecified by the Director.

 

5.RADIO-PERSONNELON GMDSS SHIPS

(a)Everyperson in charge of, or performing, radio duties on a ship required toparticipate in the GMDSS, shall hold an appropriate certificate issued underthe relevant provisions of the STCW Convention and the requirements of ChapterIV of the SOLAS Convention, by an Administration, the certificates of which arerecognised by Antigua and Barbuda.

(b)Everyseafarer for service on a ship which is required by the SOLAS Convention tohave a radio installation shall:

(i)benot less than 18 years of age, and

(ii)havecompleted approved education and training and meet the standard of competencespecified in Section A-IV/2 of the STCW Code.

 

6.MANDATORYMINIMUM REQUIREMENTS FOR THE TRAINING AND QUALIFICATION OF MASTERS,OFFICERS  AND  SEAFARERS AT THE SUPPORT LEVEL ON TANKERS

(a)Officersand ratings assigned specific duties and responsibilities related to cargo orcargo equipment on tankers shall hold a certificate or documentary evidence oftraining issued in accordance with Section A-V/1 paragraphs 2 - 7 of the STCWCode, by an Administration, the certificates of which are recognised by Antiguaand Barbuda.

(b)Masters,chief engineer officers, chief mates, second engineer officers and any personwith immediate responsibility for loading, discharging and care in transit, orhandling of cargo on board oil tankers, shall hold a certificate or documentaryevidence of training issued in accordance with Section A-V/1 paragraphs 8 - 14of the STCW Code, by an Administration, the certificates of which arerecognised by Antigua and Barbuda.

(c)Masters,chief engineer officers, chief mates, second engineer officers and any personwith immediate responsibility for loading, discharging and care in transit, orhandling of cargo on board chemical tankers, shall hold a certificate ordocumentary evidence of training issued in accordance with Section A-V/1paragraphs 15 - 21 of the STCW Code, by an Administration, the certificates ofwhich are recognised by Antigua and Barbuda.

(d)Masters,chief engineer officers, chief mates, second engineer officers and any personwith immediate responsibility for loading, discharging and care in transit, orhandling of cargo on board liquefied gas tankers, shall hold a certificate ordocumentary evidence of training issued in accordance with Section A-V/1paragraphs 22 - 34 of the STCW Code, by an Administration, the certificates ofwhich are recognised by Antigua and Barbuda.

 

7.MANDATORYMINIMUM REQUIREMENTS FOR FAMILIARISATION, BASIC SAFETY TRAINING AND INSTRUCTIONFOR ALL SEAFARERS

Allseafarers shall receive familiarisation and basic safety training orinstruction in accordance with Section A-VI/1 of the STCW Code and shall meetthe appropriate standard of competence specified therein.

 

8.MANDATORYMINIMUM REQUIREMENTS FOR CERTIFICATES OF PROFICIENCY IN SURVIVAL CRAFT, RESCUEBOATS AND FAST RESCUE BOATS ISSUED UNDER THE RELEVANT PROVISIONS OF THECONVENTION, BY AN ADMINISTRATION, THE CERTIFICATES OF WHICH ARE RECOGNISED BYANTIGUANANDNBARBUDA.

(a)Everyperson designated to launch or take charge of survival craft or rescue boatsother than fast rescue boats shall hold a certificate of proficiency issuedunder the provisions of regulation VI/2 paragraph 1 of the Annex of the STCWConvention by an Administration, the certificates of which are recognised byAntigua and Barbuda.

(b)Everyperson designated to launch or take charge of a fast rescue boat shall hold acertificate of proficiency issued under the provisions of regulation VI/2paragraph 2 of the Annex of the STCW Convention by an Administration, thecertificates of which are recognised by Antigua and Barbuda.

 

9.MANDATORYMINIMUM REQUIREMENTS FOR TRAINING IN ADVANCED FIRE FIGHTING

(a)Seafarersdesignated to control fire fighting operations shall have successfullycompleted advanced training in techniques for fighting fire with particularemphasis on organisation, tactics and command in accordance with the provisionsof Section A-VI/3 of the STCW Code and shall meet the standard of competencespecified therein.

(b)Wheretraining in advance fire fighting is not included in the certificate of theseafarer, the seafarer must be furnished with a special certificate ordocumentary evidence, as appropriate, issued in accordance with the provisionsof Section A-VI/3 of the STCW Code, by an Administration, the certificates ofwhich are recognised by Antigua and Barbuda.

 

10.MANDATORYREQUIREMENTS RELATING TO MEDICAL FIRST AID AND MEDICAL CARE

(a)Seafarersdesignated to provide medical first aid on board ship shall meet the standardof competence in medical first aid specified in Section A-VI/4, paragraphs 1 -3 of the STCW Code.

(b)Seafarersdesignated to take charge of medical care on board ship shall meet the standardof competence in medical care on board ships specified in Section A-VI/4,paragraphs 4 - 6 of the STCW Code.

Wheretraining in medical first aid or medical care is not included in thecertificate of the seafarer, the seafarer must be furnished with a specialcertificate or documentary evidence, as appropriate, issued in accordance withthe provisions of Section A-VI/4 of the STCW Code by an Administration, the certificatesof which are recognised by Antigua and Barbuda.

 

 

THIRDSCHEDULE

Member States

(i)Anguilla

(ii)Barbados

(iii)Belize

(iv)Commonwealth of Dominica

(v)Grenada

(vi)Haiti

(vii)Guyana

(viii)Jamaica

(ix)Montserrat

(x)St. Christopher

(xi)Saint Lucia

(xii)Saint Vincent and the Grenadines

(xiii)Suriname

(xiv)Trinidad and Tobago

 

Directorswho will be administrative and technical managers of the Department of MarineServices.

Underclause 7 of the Bill, the Minister would be empowered to make regulation generallyto enable the provisions on the Act to be implemented the Minister isauthorised under this clause to make regulations in respect of the mattersspecified in the First Schedule.

In additionto the specified subjects in the First Schedule, the Minister has certainpowers under clause 8 to make regulations to implement and give effect tocertain international conventions affecting shipping operation and maritimeaffairs.

Registrationof Antigua and Barbuda ships is required to be carried out by registrarsappointed by the Minister who would be required to function under the Director.Public officers appointed under this Act are protected against acts carried ingood faith in the performance of their functions.

PartIII addresses the registration of ship-mortgages and Maritime liens. It con-tains no new policy changes. In Chapter 1, clause 11 sets out the criteria forregis- tration of ship as Antigua and Barbuda ship. This qualification includesowners who are Antigua and Babruda citizens and companies incorporated underthe Companies Act, corporations incorporated under the International BusinessCor- poration Act, external companies and partnerships registered under theCompanies Act. The Cabinet is also empowered under the legislation to allowregistration of ships owned by entities not qualified under the criteria setsout in clause 11. The Bill retains the existing provision which exemptsexternal companies and corpora- tions incorporated under the InternationalBusiness Corporations Act from the payment of income tax, capital gains tax andother direct taxes imposed by law for a period of fifty years.

Clauses12 and 13 declare the port of St. John’s the port of registry and the site of theoffice of the Registrar General.

Theships register created under this legislation is divided into three parts,namely the International Ships Register which is maintained in Germany, theregister for megayachts that is pleasure yachts of over 24 meters in length andthe local register are maintained in Antigua and Barbuda. No ship which issubject to the Safety Convention (the International Convention on the Safety atSea, 1974, as amended, known as ( ‘SOLAS’ ) may be registered on the localregistry.

TheBill proposes that ships which are registered on the International ShipsRegister must be entered in with a Classification Society, which is a member ofthe International Association of Classification Societies.

Chapters2 permits ships registered on a foreign registry which are bareboat charteredfor a period of a at least 6 months, to be registered on the InternationalShips Register and to operate as Antigua and Barbuda ships.

Chapters3 contains provisions enabling Antigua and Barbuda ships which are bareboatchartered to be registered as a chartered bareboat in a foreign register anduse the colours of the country of such foreign register.

Chapters4, 5, and 6 contain standard provisions on transfers of property in ships orinterest in such property. Chapter 4 proposes that such transfers may beeffected only by an instrument in writing. A property in a ship may also betransmit- ted on the death or insolvency of the registered owner by any lawfulmeans. Provi- sion is also made to use a registered ship or interest in suchregistered ship as security for a loan and sets out the manner of determiningpreferences in case there is more than one mortgage on the same ship.

Chapter5 addresses the question of maritime liens and specifies the claims which maygive rise to maritime liens. Clause 48 provides that no ship shall beregistered without the consent of the holders of the mortgages and otherpreferential rights.

Part IVwhich contains eight chapters provides for the implementation and compliance ofAntigua and Barbuda’s obligation under the International Conven- tion onStandard Training, Certification and watch Keeping 1978 (STCW).

 

Chapter1 of Part IV consolidates the existing amendments which give effect to theInternational Convention on Standards of Training, Certification and Watch-keeping 1978/1995 ( ‘STCW’ ). For the time being Antigua and Barbuda does notissue its own certificates to officers and other seafarers because it lacks there- sources to do so. It however endorses certificates issued by other Partiesto SCTW Convention and which is recognised by Antigua and Barbuda and theInternational Maritime Organization under the STCW Convention.

Chapters2 of Part IV makes provision for the disqualification of seafarers and holdersof certificates other than other certificates of officers. That chapter retainsthe provisions of the existing legislation on disqualification andcertification as well as the proposals for Procedures for disqualification ofseafarers.

Chapters3 to 8 provide the guidelines for the employment or dismissal of the shipcrew,the contents of the terms and conditions of engagement, discipline ofseafarers, the payment of wages and compensation for seafarers improperly dis-missed. The employment of children on ships and the protection of the rightsand remedies of seafarer’s lien are also addressed under these chapters.

Part Vprovides for the safety of navigation and security at sea. The rules and regulations that govern safety andsecurity are contained in international conven- tions, such as, the CollisionRegulation Convention and the International Conven- tion for Safety of Life atSea (SOLAS). The Bill provides for the enforcement of these conventions as lawin Antigua and Barbuda.

Chapter6 of Part V creates offences for sending ships to sea in such unworthy statethat the life of any person is likely to be endangered. In addition to thepenalties attached to the violation of this provision, a ship may be detainedby the Marine Authorities in Antigua and Barbuda until it is cleared safe toproceed on its voyage.

Theprovision of Part VI is designed to implement the requirement of maritimesecurity as contained in Chapter XI-2 of the SOLAS Convention. The obligationsof companies are defined and the companies are required, among other matters,to appoint for every ship security officers who are qualified and properlytrained. In addition, every ship is required to have a security plan whichconforms with the International Code for Security of Ships and Port Facilities(ISPS). This Part also prescribes the duties and responsibilities of securityofficers and the responsibili- ties of the Marine Authorities to ensurecompliance with the Code. Chapter 4 re- quires Port Facility Operators tocomply with the ISPS Code and ensure that there are qualified officers toenforce the Code. Chapter 5 imposes obligations on Port Facility Operators topromote periodic drills and exercises as a means of maintain- ing efficiencyand effective security system at the ports.

Chapter1 of Part VII gives effect to the International Convention for the Preven- tionof Pollution from Ships 1973/1978, as amended, ( ‘MARPOL’ ). The MARPOLconvention is designed to prevent the continued treatment of the seas as agiant garbage heap. MARPOL provides, among other things, discharge regulationsfor waste generated by the normal operation of ships. It also requires ports toprovide reception facilities on hand as an alternative to discharge at sea.Provision is made to authorise the Maritime Authorities to enforce theguidelines introduced by the MARPOL Convention against ship-owners as well asPort Facility Operators.

TheInternational Convention on Civil Liability for Oil Pollution Damage 1992 dealswith the liability of ship-owners of oil pollution damage. The convention laysdown principles of strict liability for the ship-owner and requires the shipowner to take out liability insurance. The legislation allows the ship-owner tolimit his liabil- ity to the amount which is linked to the tonnage of his ship.The provisions of the Convention on Civil Liability for Oil Pollution Damagehave been incorporated in this legislation as Chapter 2 of Part VII and wouldbe enforceable against ships registered in this jurisdiction or ships enteringthe ports of Antigua and Barbuda.

PartVII of the Bill contains provision for handling wreck and salvage opera- tions.This part is re-enactment of Part VI of the existing legislation.

Part IXwould make provision for the contractual terms and conditions under which shipswould be required to carry passengers and their luggage. The liability of shipowners for loss, injury or damage for carrying persons and luggage are providedin the Athens Convention relating to the Carriage of Passengers and theirluggage at Sea 1974. This Convention has not been ratified by Antigua andBarbuda. Provision is made to enable the Minister to apply the provisions ofthis Convention in Antigua and Barbuda whenever it is ratified Chapter 2 ofPart IX allows ship- owners to limit their liability for the carriage ofpassengers and their luggage in certain circumstances.

Chapter4 would enable ratification and implementation of the Brussels Protocol, 1968(which amends the International Convention for the Unification of certain Rulesrelating to Bills of Lading, 1924) and the United Convention on a Code ofConduct for Liner Conferences, 1974.

Part Xprescribes the procedure for holding inquiry and investigation into marinecasualties. The provisions of this Part have specified these casualties whichincludes loss or presumed loss, grounding, damage or abandonment of ship orloss of life, serious injury to any person caused by fire on board or accidentoccurring on board a ship belonging to Antigua and Barbuda waters. These areprocedures approved and recorded by the International Maritime Organization.

Theappointment of surveyors and inspectors for surveying and inspecting ships forpurposes of this legislation is addressed in Part XI. The duties of inspec-tors are set out in clause 259 and include the enforcement and compliance ofthe Act, the regulations and directives made under the Act as well as theobservance of International Conventions to which Antigua and Barbuda is aparty.

PartXII which addresses matters relating to jurisdiction and legal proceedingsaffecting persons, properties and places where certain occurrences take place,is a re-enactment Part VII of the existing Act.

PartXIII deals with supplemental matters and declares Antigua and Barbuda’scommitment to the principles of international law and would recognise inparticular the freedom of the high seas and the right of innocent passagethrough the territo- rial sea of Antigua and Barbuda. The jurisdiction ofAntigua and Barbuda over foreign ships within its waters, particularly in matterspertaining to international convention on pollution, safety at sea and marinesecurity are restated. Antigua andBarbuda would continue to uphold the right of foreign ships to have access toAntigua and Babruda Ports.

Finally,the Bill declares the Government’s policy to develop the shipping regis- tryinto a would class registry.

JustinL. Simon, Q.C. Attorney General and Minister of Legal Affairs.











THE ANTIGUA AND BARBUDA MERCHANT SHIPPING (AMENDMEN1) ACf,2014

NO. 15 OF 2014

AN ACT to amend the Antigua and Barbuda Merchant Shipping Act, 2006 No.1 of2006.

ENACTED by the Parliament of Antigua and Barbuda as follows-

1. Short title and commencement

This Act may be cited as the Antigua and Barbuda Merchant Shipping (Amendment) Act, 2014, and

shall come into force on a day appointed by the Minister; and different days may be appointed for

different provisions.

2. Interpretation

In this Act, "the principal Act" means the Antigua and Barbuda Merchant Shipping Act, 2006.

3. Amendment of section 2

The principal Act is amended in section 2-

(a) by inserting the following defmitions, in the appropriate alphabetical order-

"Anti-Fouling Systems Convention" means the International Convention on the Control

of Harmful Anti-Fouling Systems on Ships, 2001, as amended from time to time;


"Ballast Water Management Convention" means the International Convention for the Control and

Management of Ships' Ballast Water and Sediments, 2004, as amended from time to time;

"commercial yacht" means a ship which does not carry cargo, which is not a passenger ship,

and which is used by its owner for monetary gain;.

"craft" means any boat or ship of any size or type and of any use;

"electro-technical officer" means an officer qualified in accordance with Regulation IIl/6 of the

STCW Convention, 1978 as amended;

"electro-teclmical rating" means a rating qualified in accordance with Regulation III17 of the

S'{CW Convention, 1978;

"hovercraft" means a craft of the type which the whole or a significant part of its weight can be

supported, whether at rest or in motion, by a continuously generated cushion of air dependent

for its effectiveness on the proximity of the surface over which the craft operates;

"Maritime Labour Convention" means the Maritime Labom' Convention 2006, as amended from

time to time;

"ship security officer" means the person on board the ship, accountable to the master, designated

by the Company as responsible for the security of the ship including implementation and

maintenance of the ship security plan and liaison with the Company security officer and port

facility security officers;

"security duties" includes all security duties and tasks on board ship as defined by chapter XI-

2 of the SOLAS Convention, 1974 and the ISPS Code, 2002;

"small commercial vessel" means a ship that operates within the area of application of the Small

Commercial Vessel Code as adopted by the Govermnent of Antigua and Barbuda and within the

geographical limits applicable to that Code;

(b) by repealing the definition of "engineel'ing officer" and substituting the follow

ing definition-

"engineering officer in charge of a watch" means an officer qualifted in accordance with Regulation

mil of the STCW Convention, 1978.

4. Amendment of section 8

The principal Act is amended in section 8 by adding after the words" 1992 Oil Fund Protocol" at the

end of subsection (l), the following Conventions


"Anti-Fouling Systems Convention

Ballast Water Management Convention

Maritime Labour Convention."

5. Amendment of section 11

The Antigua and Barbuda Merchant Shipping

(Amendment) Act, 2014

The principal Act is amended in section 11 (1) by inserting after the words "owned wholly" the words

", or bareboat chartered to,".

6. Replacement of section 12

The principal Act is amended by repealing section 12 and substituting the foHowing-

"12 Port of registry

(l) (a) The port of St. Jolm's shall be the port of registry for Antigua and Barbuda ships.

(b) The following ports shall, at the choice ofthe owner, be the port of registry for Antigua

and Barbuda ships registered in the part of the register referred to in section 13(1) (commercial

yachts, pleasure yachts or small commercial vessels)-

(i) St John's;

(li) English Harbour;

(iii) Jolly Harbour;

(iv) Codrington Harbour.

(2) In the case of bareboat chartered ships registered under Chapter 2 of Part III ofthe principal Act,

the port of St. John's shall be the port of registry.".

7. Amendment of section 13

The principal Act is amended in section 13 by-

(a) repealing subsections (1) and (2), and substituting the following as subsection (1)-

"(1) The register shall distinguish between commercial yachts, pleasure yachts, small

commercial vessels and other vessels.", and


(b) renumbering subsection (3) as (2).

8 and substitution ofsedion 14

The principal Act is amended in section 14 by repealing subsection (1) and (2) and substituting the

foHowing-

"(1) A hovercraft shan not be registered."

9. Amendment of section 16

The principal Act is amended in section 16 by repealing subsection (1) and substituting the following-

;,

"( 1) The owner of a ship, other than a pleasure yacht applying for registration under this Act,

shall cause such ship to be surveyed by ADOMS in order to ascertain compliance with any

applicable international maritime conventions or applicable Codes."

10. Repeal and substitution of section 17

The principal Act is amended by repealing section 17 and substituting the following-

"(a) Subject to paragraph (b), the tonnage of every ship to which the Tonnage Convention

applies shall be measured in accordance with the Tonnage Convention by a Recognised

Organisation or such other body as may be recognised by the Director, and a certificate

of the tonnage shall be provided to the owner by the Organization or body in qmo"uv!

Such tonnage shall be entered in the certificate of the registry as the tonnage ofthe

(b) where the tonnage has previously been measured by a classification

member ofIACS, the certificate oftOlmage issued by the Society may be for

the purpose of paragraph (a).".

U.Amendmentofsection 18

The principal Act is amended in section 18 by

foHowingsubsection

(1) and

ship of 500 GT or more shaH be entered a Keco~lfm;t:a

12. Insertion of section 18A

The Act is amended by inserting after section 18 the following section

"18A. Power to de-register unsuitable ships

The Antigua and Barbuda Merchant Shipping

(Amendment) Act, 2014.

(1) If at any time with respect to a ship registered on the Register, in the view of ADOMS-

(a) the ship fails to meet the standards required by the applicable international conventions

and the owner fails to take acceptable steps to rectifY the situation;

(b) the owner fails to take acceptable steps to rectifY deficiencies following Port State Control

inspections;

(c) the owner or manager of the ship ceases to be certificated in terms of the ISM Code, or

fails to pay invoices submitted by AD OMS for a period exceeding 6 months; or

~(d) otherwise the condition of the ship as regards safety, pollution prevention, its condition

as regards health and welfare of crews, or the interests of Antigua and Barbuda, would

make it inappropriate to continue registry;

the Registrar may remove the vessel from the register subject to the requirements of subsection (2).

(2) On any occasion where the Registrar concludes that a ship is to be removed from the register

in accordance with either section 18(2) or sub-section (1) above he shall provide a minimum of30 days

notice of the intention to remove the ship from the register to the registered owner, the manager

responsible for ISM, and to any registered mortgagees.

(3) The notice specified in sub-section (2) shall set out the reasons why the ship is to be removed

and shall request from the owner and manager any representations they may wish to make on why the

ship should not be removed.

(4) On the expiry of the notice period specified in subsection (2) the Registrar shall consider any

representations made by the owners and managers and if he remains satisfied that the reasons for

removal remain applicable, he shall-

(a) issue a notice of de-registry to the registered owner, the manager, and any registered

mortgagees, stating that the ship's registry will be cancelled within 7 days ofthe date of

the notice;

(b) on a date 7 days after the notice of de-registry-

(i) cancel the vessel's registry and issue a transcript of registry showing the cancellation;

(ii) issue a ContinuollsSynopsis Record (CSR) showing the date on which the vessel

ceased to be registered;

(iii) inform the vessel's classification society.".


13. Repeal of section 26

Section 26 ofthe principal Act repealed.

14. Amendment of section 27


The principal Act is amended in section 27 by repealing subsection (1) and substituting the following

subsection-

"27. (1) Subject to section 28, a ship that is registered in a foreign register may be registered as

an Antigua and Barbuda ship if she is bareboat chartered by a person who meets the requirements

for ownership stated in section 11."

15. Amendment of section 29

The principal Act is amended by repealing section 29 and substituting the following-

"29. PaYlnent offees in respect of registration of chartered bareboats

For the registration of a chartered bareboat there shall be paid the fees payable under this Act in

relation to the registration of an Antigua and Barbuda ship.".

16. Amendment of section 32

The principal Act is amended in section 32 by repealing subsection (2) and substituting the following-

"(2) MOltgages and encumbrances referred to in subsection (1) continue to be governed by the

law of the country governing them at the time oftheir creation and are not affected by the fact

of the registration of the ship in the Antigua and Barbuda register."

17. Amendment of section 68

The principal Act is amended in section 68 -

(a) in paragraph (vii) of section 68(1) by inserting ", security" after "safety"; and

(b) by repealing section 68(l)(xi) and substituting the following paragraphs-

"(xi) (aJ A safe and continuous watch or watches appropriate to the prevailing circumstances

and conditions are maintained on every seagoing ship at all times.


The ship's watch system is so arranged that the efficiency of all watch-keeping personnel

will not be impaired by fatigue and that the duties are so organised that the fIrst watch at

the commencement of a voyage and subsequent relieving watches are sufficiently rested

and otherwise fit for duty, and

(c) Watches are caiTied out with due regard for the principles of watch keeping contained

in SectionA.VIIIIl of the Code to the STCW Convention.".

18. ofsections in Part IV

The Act is amended by repealing sections 79 to 100 and 108 to 113.

19. of section 126A

The principal Act is amended by inserting after section 126 the sectionpermissions

In any case where a ship is temporarily unable through breakdown of or other

cause, to comply fully with the requirements of an International Convention the Director may issue the

ship with a temporary pennission where he considers it appropriate and 0'1 such conditions as he sees

fit to permit the ship to operate for a period of up three months until repairs can be COJmDleleo.

20. Insertion ofnew inPartVU

The ,...,.111""'" is amended in Part vn by inserting after section 182 the new cnaDl:ers,-

"CHAPTER lA

ANTI-FOULING SYSTEMS CONVENTION

182A. "",,,<:tll'm,,, Convention to have force oflaw "H""',''''~''' and Barbuda

The provisions of the articles of, and Annexes 1 to 4 to, the International Convention on the Control

of Harnlfill Anti-Fouling Systems on Ships, 2001 shaH have the force oflaw in Antigua and Barbuda.

182B.

Without prejudice to section 182AAntigua

and Barbuda ships to which regulation 1 of Annex 4 to Systems

Convention applies shall be subject to the surveys required by Anti-Fouling Systems

Convention, and on being satisfactorily surveyed, may be issued with the Certificate

specified in the Anti-Fouling Systems Convention;


(b) Antigua and Barbuda ships to which regulation 5 of Annex 4 to the Anti-Fouling

Systems Convention applies shall carry a Declaration required by that regulation.

IS2e. General compliance duty

(1) It shall be the duty of the owner and the master of the ship to comply with and ensure compliance

with the provisions of the Anti-Fouling Systems Convention.

(2) It shall be the duty of any person-

(a)upon whom an obligation is imposed by the Anti-Fouling Systems Convention; or

(b) to whom a direction is given in pursuance of the Anti-Fouling Systems Convention

(whether under subsection (1) or otherwise) to comply or ensure compliance with the

Anti-Fouling Systems Convention.

(3) Where a person specified in subsection (1) or (2) contravenes that subsection, that person

commits an offence and is liable upon conviction to a fine not exceeding fifty thousand dollars.

182D. Offences

A person who -

(a) intentionally alters a Certificate or Declaration issued for the purposes of the AntiFouling

Systems Convention;

(b) falsely makes a Certificate or Declaration referred to in the Anti-Fouling Systems Convention;

(c) in connection with any survey required by the. Anti-Fouling Systems Convention, knowingly

or recklessly furnishes false information;

(d) with intent to deceive, uses, lends, or allows to be used by another, a Certificate or

Declaration referred to in the Anti-Fouling Systems Convention;

(e) fails to surrender a Certificate or Declaration required to be surrendered issued for the

purposes of the Anti-Fouling Systems Convention;

commits an offence and is liable upon conviction to a fme not exceeding five thousand dollars.

I82E. Power to deny entry into port

Where the Director has reason to believe that a ship proposing to enter an Antigua and Barbuda

port or offshore tenninal, or territorial waters, is not in compliance with the requirements of this


Chapter, and he is satisfied that the ship presents an unreasonable threat of harm to the marine

environment, he may deny entry of such ship to any Antigua and Barbuda port or offshore

terminal or territorial waters.

182F. Inspection

(1) Subject to subsection (2), a Certificate issued by a member State ofthe Anti-Fouling Systems

Convention in accordance with the Anti-Fouling Systems Convention shall be accepted by the Director

and regarded for all purposes of the Anti-Fouling Systems Convention as having the same validity

as a cOlTesponding Certificate issued under this Act.

(2) A ship to which the Anti-Fouling Systems Convention applies shall, while in a port or offshore

terminal of Antigua and Barbuda, be subject to inspection by officers authorised by the

Director for the purpose of determining whether the ship is in compliance with the Anti-Fouling

Systems Convention.

(3) Any inspection referred to in subsection (2) shan be limited to-

(it) verifYing that there is on board a valid Certificate or Declaration; and

(b) a brief sampling of the ship's anti-fouling system that does not affect the integrity, structure,

or operation of the anti-fouling system;

unless there are clear grounds for believing that the condition of the ship or its equipment does not

correspond substantially with the particulars of that Certificate or Declaration, in which case, or if

the ship does not can)' a valid Certificate or Declaration, the Director shall, subject to subsection

(4), cause the ship to be detained and prevent it from sailing until it can proceed to sea without

presenting an unreasonable threat of harm to the marine environment.

(4) The Director may grant a ship subject to a detention order referred to in subsection (3),

permission to leave the port or offshore terminal for the purpose of proceeding to the nearest

appropriate repair yard available.

182G Detection of violations and enforcement of Chapter

(1) The Director shall co-operate with governments of other states in the detection of violations

and enforcement of this Chapter, using all appropriate and practicable measures of detection and

environmental monitoring, adequate procedures for reporting and accumulation of evidence.

(2) Where it is alleged that a ship of another state bears an anti-fouling system in contravention of

the Anti-Fouling Systems Convention the Director shall furnishto the government of the state concerned,

evidence, if any, of the alleged violation, and if it is practicable, notifY the master of the ship

concerned.


(3)Where the Director receives from another state such evidence as is referred to in subsection

(2) in respect of an Antigua and Barbuda ship, he may request the govemment of such state to

furnish fiJrther or better evidence of the alleged violation.

(4) V{here the Director is satisfied that sufficient evidence is available to enable proceedings to be

brought in respect of the alleged violation, he shall cause such proceedings to be taken as soon as

possible, and shall promptly inform the government of the state which has reported the alleged

violation, and the organisation of the action taken.

182H. Power to detain

(1) In~ny case where a ship is suspected of being in violation of the requirements of this Chapter,

the ship s11all be liable to be detained.

(2) The Director shall make every possible effort to avoid unduly detaining or delaying a ship under

sections I82E to 182H.

(3) The owner of a ship that is unduly detained or delayed under sections IS2E to 182H shall be

entitled to compensation for any loss or damage suffered.

1821. Customs clearance

Before a ship proceeds to sea from any port in Antigua and Barbuda, the master of that ship shall

produce to a customs officer from whom a clearance for the ship is demanded for an international

voyage in respect of a ship to which the Anti-Fouling Systems Convention applies, the Certificate or

Declaration required to be carried by such a ship complying with the relevant provisions ofthe AntiFouling

Systems Convention, and in the case of any qualified Certificate, the corresponding valid

exemption Certificate.

BALLAST WATER MANAGEMENT CONVENTION

182J. Ballast '" .... ""'.'1"IIl ... to have fon~e oflaw in Antigua and Barbuda

The provisions ofthe Articles of, and the Annex to, the International Convention for the Control

and Management of Ships' Ballast Water and Sediments, 2004 shaH have the force of law in

Antigua and Barbuda.

182K. surveys

W ithout pr~judice to section 182J, Antigua and Barbuda ships to which regulation E-1 of the Annex to the

Ballast Water Management Convention applies shaH be subject to the surveys required by the Conven

tion, and on being satisfactorily surveyed, may be issued with the Certificate specified in the Ballast

Water Management Convention.

182L. General compliance duty

(1) It shall be the duty of the owner and the master of the ship to comply with and ensure

compliance with the provisions of the Ballast Water Management Convention.

(2) It shall be the duty of any person -

(a) upon whom an obligation is imposed by the Ballast Water Management Convention;

or

~

(b) to whom a direction is given in pursuance of the Ballast Water Management Convention

(whether under subsection (1) or otherwise) to comply or ensure compliance with the

Ballast Water Management Convention.

(3) Where a person specified in subsection (1) or (2) contravenes that subsection, that person

conunits an offence and is liable on conviction to a fme not exceeding fifty thousand dollars.

182M. Offences

A person who--

(a) intentionally alters a Certificate issued for the purposes of the Ballast Water Management

Convention;

(b) falsely makes a Certificate referred to in the Ballast Water Management Convention;

(c) in connection with any survey required by the Ballast Water Management Convention,

knowingly or recklessly furnishes false information;

(d) with intent to deceive, uses, lends, or allows to be used by another, a Certificate referred

to in the Ballast Water Management Convention;

(e) fails to surrender a Certificate required to be surrendered issued for the purposes of

the Ballast Water Management Convention,

connnits an offence and is liable on conviction to a fme not exceeding five thousand dollars.

182N. Power to deny entry into port

Where the Director has reason to believe that a ship proposing to enter an Antigua and Barbuda port or

offshore terminal, or territorial waters, is not in compliance with the requirements of this Chapter,


and he is satisfied that the ship presents an unreasonable threat of harm to the marine environment,

he may deny entIy of such ship to any Antigua and Barbuda port or offshore terminal or territorial

waters.

1820. Inspection

(1) Subject to subsection (2), a Certificate issued by a member state of the Ballast Water Management

Convention in accordance with the Ballast Water Management Convention shall be accepted by

the Director and regarded for all purposes of the Ballast Water Management Convention as having

the same validity as a corresponding Certificate issued under this Act.

(2) A ship to which the Ballast Water Management Convention applies shall, while in a port or

offshore terminal of Antigua and Barbuda, be subject to inspection by officers authorised by the

Directoi:- for the purpose of determining whether the ship is in compliance with the Ballast Water

Management Convention.

(3) Any inspection referred to in subsection (2) shall be limited to-

(a) verifYing that there is on board a valid Certificate, and

(b) inspection of the Ballast Water record book, andlor

(c) a sampling of the ship's Ballast Water, carried out in accordance with the guidelines as

may be developed by IMO,

unless there are clear grounds for believing that the condition of the ship or its equipment does not

correspond substantially with the particulars ofthat Certificate, in which case, or if the ship does not

carry a valid Certificate, the Director shall, subject to subsection (4), cause the ship to be detained and

prevent it fi'om sailing until it can proceed to sea without presenting an unreasonable threat of harm to

the marine environment.

(4) The Director may grant a ship subject to a detention order refelTed to in subsection (3), permission

to leave the port or offshore terminal for the purpose of proceeding to the nearest appropriate

repair yard available.

182P. Detection of violations and enforcement of Chapter

(1) The Director shall co-operate with governments of other states in the detection of violations

and enforcement of this Chapter, using all appropriate and practicable measures of detection and

environmental monitoring, adequate procedures for reporting and accumulation of evidence.

(2) Where it is alleged that a ship of another state bears a ballast water management system in

contravention of the Ballast Water Management Convention the Director shall furnish to the Government

of the State concerned, evidence, if any, of the alleged violation, and if it is practicable, notifY the master

of the ship concerned.


(3) Where the Director receives from another state such evidence as is referred to in subsection

(2) in respect of an Antigua and Barbuda ship, he may request the government of such state to furnish

further or better evidence of the alleged violation.

(4) Where the Director is satisfied that sufficient evidence is available to enable proceedings to be

brought in respect of the alleged violation, he shall cause such proceedings to be taken as soon as

possible, and shall promptly inform the government of the state which has reported the alleged

violation, and the organisation of the action taken.

182R. Powei' to detain

(1) In any case where a ship is suspected of being in violation of the requirements of this Chapter,

the ship l>hall be liable to be detained.

(2) The Director shall make every possible effort to avoid unduly detaining or delaying a ship under

sections 182N to 182R.

(3) A ship that is unduly detained or delayed under sections 182N to 182R shall be entitled to

compensation for any loss or damage suffered.

182S. Customs clearance

Before a ship proceeds to sea from any port in Antigua and Barbuda, the master of that ship shall

produce to a customs officer from whom a clearance for the ship is demanded for an international

voyage in respect of a ship to which the Ballast Water Management Convention applies, the Certificate

required to be can-ied by such a ship complying with the relevant provisions of the Ballast Water

Management Convention, and in the case of any qualified Certificate, the con-esponding valid exemption

Certificate.".

21. Insertion of section 184A

The principal Act is amended in Chapter 2 (Civil Liability for Oil Pollution) of Part VII, by inserting

after section 184 the following section-

"184A. Convention on Civil Liability for Bunker Oil Pollution Damage 2001 to have force of

law in Antigua and Barbuda

The provisions of Articles 1 to 1 0 of and the Annex to the International Convention on Civil Liability

for Bunker Oil Pollution Damage, 2001 done at London on 23 March 2001 (in this Chapter referred to

as the "Bunker Oil Liability Convention") shall have the force oflaw.".

22. Repeal and substitution of section 185

The prmcipal Act is amended by repealing section 185 and substitutmg with the followingThe


"185 Meaning of state of ship's registry


Where the registry of an Antigua and Barbuda ship is suspended and that ship is registered in a

foreign country for the duration of a bareboat charter in accordance with section 34, the state of the

ship's registry is such foreign country, notwithstanding anything to the contrary in-

(a) Article 1 of the 1992 CLC Protocol;

(b) Article 1 ofthe 1992 Oil Fund Protocol; or

(c) Article 1 ofthe Bunker Oil Liability Convention,"

23. Insertion of section 186A

,

The principal Act is amended by inserting the following section after section 186-

"186A. Bunker Oil Liability Convention certificates

(1) This section applies to any ship having a gross tonnage of more than 1000.

(2) A ship shall not enter or leave a port in Antigua and Barbuda or arrive at or leave an offshore

terminal in the territorial sea of Antigua and Barbuda nor, if the ship is an Antigua and Barbuda ship,

a port in any other country or a tenninal in the territorial sea of any other country, unless there is in

force a certificate complying with the following provisions-

(a) the celtificate must show that there is in force in respect of that ship a contract of insurance

or other security satisfYing the requirements of Article 7 ofthe Bunker Oil Liability

Convention;

(b) if the ship is an Antigua and Barbuda ship, a celtificate issued by ADOMS;

(c) ifthe ship is registered in a country to which the Bunker Oil Liability Convention applies,

other than Antigua and Barbuda, a certificate issued by or under the authority of the

government of that country; and

(d) if the ship is registered in a country which is not a country to which the Bunker Oil

Liability Convention applies, a certificate issued by the Administration or by or under the

authority of the government of any country to which the Bunker Oil Liability Convention

applies other than Antigua and Barbuda.".

24. Amendment ofsection 18'7

The principal Act is amended in section 187-

(a) by repealing subsection (1) and substituting the following

"( 1 ) A certificate required by sections 186 or 186A to be in force in respect of a ship

shall be carried in the ship and shall be produced on demand by the master to any

customs officer or the Director and if the ship is an Antigua and Barbuda ship also to any

registrar, inspector, or consular officer."

(b) by repealing subsection (4) and substituting the following-

"(4) If a ship attempts to leave a port in Antigua and Barbuda in contravention of

sections 186, 186A or this section, the ship may be detained."

(c) by repealing subsection (5) and substituting the following-

"(5)Nothing in sections 186, 186A or this section applies in relation to any warship or

~ any ship for the time being used by the government of any State for other than commercial

purposes.";

(d) by adding the following subsection at the end of subsection (6)-

"(7) In relation to a ship owned by a State and for the time being used for commercial

purposes, it shall be sufficient compliance with section 186A(2) if there is in force a

certificate issued by the government of that State and showing that the ship is owned by

that State and that any liability for pollution damage as defmed in Artic1e 1 of the Bunker

Oil Liability Convention will be met up to the limit prescribed by Article 6 of the Convention

on Limitation of Liability for Maritime Claims 1976, as amended by the Protocol of

1996.".

25. Insertion of section 188A

The principal Act is amended by inserting the following section after section 188-

"I88A. Issue of Bunker Oil Liability Convention certificates

(1) If the Director is satisfied on application for a certificate mentioned in section 186A in

respect of an Antigua and Barbuda ship that there will be in force in respect of the ship,

throughout the period for which the certificate is to be issued, a contract of insurance or other

security satisfying Aliicle 7 of the Bunker Oil Liability Convention, the Director may issue

such a certificate to the owner.

(2) the Director is of the opinion that there is a doubt whether the person providing

insurance or other security will be able to meet his obligations thereunder, or whether the

insurance or other security will cover the owner's liability under the Bunker Oil Liability

Convention in all circumstances, the Director may refuse the certificate.".


26. Amendment of section 189


The principal Act is amended in section 189, subsections (1) and (3) by inserting in each instance after

the words "section 186" the words "or section 186A".

27. Amendment of section 190

The principal Act is amended in section 190, by repealing wherever the words occur the words" and

the 1992 Oil Fund Protocol" and substituting the words ", the 1992 Oil Fund Protocol and the Bunker

Oil Liability Convention".

28. Amendment of section 193

The prin~ipal Act is amended by inserting in section 193, after the words "the 1992 CLC Protocol" the

words "or Alticle 9 of the Bunker Oil Liability Convention".

:;;9. Amendment of section 194

The principal Act is amended in section 194, by repealing the full stop at the end of paragraph (b) with

", and", and adding the following-

"(c) actions for compensation under the Bunker Oil Liability Convention.".

30. Amendment of section 195

The principal Act is amended in section 195(1) by repealing the full stop at the end of

paHlgraph (b) with ", and", and adding the following-

"(c) a court in a country to which the Bunker Oil Liability Convention applies to

enforce a claim in respect of a liability incurred under any provision implementing

the Bunker Oil Liability Convention.".

31. Insertion of section 195A

The principal Act is amended by inserting after section 195 the following section-

"195A. Limitation of liability under section 186A

F or the purposes of Chapter 2 of Part IX of the Shipping Act, any liability incurred under section 186A

shall be deemed to be a liability to damages in respect of such damage as is mentioned in paragraph

1 (a) of A1ticle 2 of the Convention on Limitation of Liability for Maritinie Claims 1976, as amended by

the Protocol of 1996.".

32. Convention on Limitation of Liability for Maritime Claims 1976 given force onaw

The principal Act is amended by repealing Chapter 2 of Part IX, and replacing it with the following

"CHAPTER 2

LmfiTXflONOFLUWllJTY

235. COllvention on Limitation of Liability to have force onaw in Antigua and Barbuda

(l) The provisions of the Convention on Limitation of Liability for Maritime Claims 1976, as

amended by the Protocol of 1996, as set out in Part I of the Fourth Schedule (hereafter in this

section and in the Fourth Schedule referred to as "the Convention") shall have the force of law in

Antigua and Barbuda.

(2) The provisions of Part II of that Schedule shall have effect in connection with the Convention

and subsection (1) shall have effect subject to the provisions of that Part.

,

(3) The provisions having the force of law under this section shall apply in relation to Government

ships as they apply in relation to other ships.

236. Exclusion of Liability

(I) Subject to subsection (3) the owner of an Antigua and Barbuda ship shall not be liable for any

loss or damage in the following cases, namely

(a) where any property on board the ship is lost or damaged by reason of fire on board the

ship; or

(b) where any gold, silver, watches, jewels or precious stones on board the ship are lost or

damaged by reason of theft, robbery or other dishonest conduct and their nature and

value were not at the time of shipment declared by their owner or shipper to the owner

or master of the ship in the bill of lading or otherwise in writing.

(2) Subject to subsection (3) where the loss or damage arises from anything done or omitted by

any person in his capacity as master or member of the crew or (otherwise that in that capacity) in

the course of his employment as a servant of the owner of the ship, subsection (1) shall also exclude

the liability of-

(a) the master, member of the crew or servant; and

(b) in a case where the master or member of the crew is the servant of a person whose

liability would not be excluded by that subsection apart from this paragraph the person

whose servant he is.

(3) This section does not exclude the liability of any person for any loss or damage resulting from

any such personal act or omission of his as is mentioned in Article 4 of the Convention in Part I of the

Fourth Schedule.


(4) In this section "owner", in relation to a ship, includes any part owner and any charterer,

manager, or operator of the ship.

237. Exclusion oflimitation ofliability for loss or damage caused to crew

The provisions having the force oflaw under section 235 shall not apply to any liability in respect of

loss oflife or personal injury caused to, or loss of or damage to any property of, a person who is on

board the ship in question or employed in cOimection with that ship or with the salvage operations in

question if-

(a) he is so on board or employed under a contract of service governed by the laws of

Antigua and Barbuda; 'and

(b) ':.. the liability arises from an occurrence which took place after the coming into force of this

subsection;

and in this subsection "ship" and "salvage operations" have the same meaning as in those provisions.".

33. Amendment of Second Schedule

The principal Act is amended in the Second Schedule as follows-

(a) in the Table in paragraph 2 by adding at the end of the entries under 'Engine Department'

the following-

Electro-teclmical officer on a ship powered by main

propulsion machinery of750 KW propulsion power or more Regulation III/6

(b) in paragraph 4 the following sub-paragraphs shall be added-

" (d) every able seafarer deck serving in a seagoing ship of 500 gross tons or more

shall hold a certificate of training issued in accordance with Regulation III5 of

the Annex to the STCW Convention, by an Administration, the certificates of

which are recognised by Antigua and Barbuda;

(e) every able seafarer engine serving in a manned engine room, or designated to

perfonll duties in a periodically unmanned engine room, on a seagoing ship powered

by main propulsion machinery of 750 kW propulsion power or more shall

hold a certificate of training issued in accordance with Regulation HIlS of the

Annex to the STCW Convention, by an Administration, the certificates of which

are recognised by Antigua and Barbuda;


(j) every electro-technical rating serving on a seagoing ship powered by main propulsion

machinery of750 kW propulsion power or more shall hold a certificate issued

in accordance with Regulation IIII7 of the Annex to the STCW Convention, by an

Administration, the certificates of which are recognised by Antigua ami Barbuda.".

(c) by repealing paragraphs 6 to lO and substituting the following-

"6. SPECIAL TRAINING REQUIREMENTS FOR PERSONNEL ON CERTAIN TYPES OF SHIPS

(a) Officers and ratings assigned specific duties and responsibilities related to cargo or cargo

equipment on oil or chemical tankers shall hold a certificate in basic training for oil and

chemical tanker cargo operations as required by Regulation V 11.1 of the Annex to the

STCW Convention issued following training which is approved by a member state

recognised by Antigua and Barbuda for the issue of endorsements to cel1tificates of

competency or otherwise approved by Antigua and Barbuda.

(b) Masters, chief engineer officers, chief mates, second engineer officers and any person

with immediate responsibility for loading, discharging and care in transit, or handling of

cargo, tank cleaning or other cargo-related operations on oil tankers, shall hold a certificate

in advanced training issued in accordance with Regulation V /1-1.3 of the Annex to

the STCW Convention, by an Administration, the certificates of which are recognised by

Antigua and Barbuda.

(c) Masters, chief engineer officers, chief mates, second engineer officers and any person

with immediate responsibility for loading, discharging and care in transit, handling of

cargo tank cleaning or other cargo-related operations on chemical tankers, shall hold a

certificate in advanced training for chemical tanker operations issued in accordance with

Regulation V 11-1.3 of the Annex to the STCW Convention, by an Administration, the

certificates of which are recognised by Antigua and Barbuda.

(d) Officers and ratings assigned specific duties and responsibilities related to cargo or cargo

equipment on liquefied gas tankers shall hold a certificate in basic training for liquefied

gas tanker cargo operations issued in accordance with Regulation V 11-2.1 of the Annex to

the STCW Convention, by an Administration, the certificates of which are recognised by

Antigua and Barbuda.

(e) Masters, chief engineer officers, chief mates, second engineer officers and any person

with immediate responsibility for loading, discharging and care in transit, or handling of

cargo, tank cleaning or other cargo-related operations on liquefied gas tankers, shall hold

a certificate in advanced training issued in accordance with Regulation VIl-2.3 of the

Annex to the STCW Convention, by an Administration, the certificates of which are

recognised by Antigua and Barbuda.


(f) Masters, officers, ratings and other personnel and other personnel serving on passenger

ships engaged on international voyages shall, prior to being assigned shipboard duties

on board such ships, have completed the training required by Regulation V/2.2 to 7 of the

Annex to the STCW Convention and be issued with documentary evidence of training.

7. MANDATORYMlNIMUMREQUIREMENTS FORFAMllJARISATION,BASIC TRAININGAND

INSTRUCTION FOR ALL SEAFARERS

(a) All seafarers shall receive safety familiarisation and basic training or instruction in accordance

with Regulation VIIl of the Annex to the STCW Convention and shall meet the

appropriate standard of competence specified therein.

(b) Where basic training is not included in the qualification for the certificate to be issued,

each seafarer employed or engaged in any capacity on board ship on the business of the

ship as part of the ship's complement with designated safety or pollution prevention

duties in the operation of the ship shall hold a celtificate of proficiency in basic training

issued following a course which is approved by a member state which is recognised by

Antigua and Barbuda for the issue of endorsements to certificates of competency.

8. MANDATORY MINIMUM REQUIREMENTS FOR CERTIFICATES OF PROFICIENCY IN SURVIVALCRAFf,

RESCUE BOATSAND FAST RESCUE BOATS ISSUED UNDER THE RELEVANT

PROVISIONS OFTHE CONVENTION, BY AN ADMINISTRATION, THE CERTIFICATES OF

WHICH ARE RECOGNISED BY ANTIGUAAND BARBUDA.

(a) Every person designated to launch or take charge of survival craft or rescue boats, other

than fast rescue boats, shall hold a certificate of proficiency issued in accordance with

Regulation VII2. I of the Annex to the STCW Convention and where the celtificate of

proficiency is based on a training course the course shall be one which is approved by an

Administration party to the Convention and recognised by Antigua and Barbuda for the

issue of endorsements to celtificates of competency.

(b) Every person designated to launch or take charge of a fast rescue boat shall hold a

certificate of proficiency issued in accordance with Regulation VII2, paragraph 2, of the

Almex to the STCW Convention and where the certificate of proficiency is based on a

training course the course shall be one which is approved by an Administration party to

the Convention and recognised by Antigua and Barbuda for the issue of endorsements to

certificates of competency.

9. MANDATORY MINIMUM REQUIREMENTS FOR TRAINING INADVANCED FIRE FIGHTING

Seafm'ers designated to control fire fighting operations shall have successfully completed advanced

training in techniques for fighting fire with particular emphasis on organisation, tactics and command

in accordance with the provisions of Regulation VI/3 oftheAImex to the STCW Code and shall meet

the standard of competence specified therein.


10. MANDATORY REQUIREMENTS RELATING TO MEDICAL FIRST AmAND MEDICALCARE

(a) Seafarers designated to provide medical first aid on board ship shall meet the standard of

competence in medical first aid specified in Regulation VI/4, paragraph 1 Annex to the

STCW Convention, and where the training in medical first aid is not included in the

seafarer's certificate of competency, shall hold a certificate of proficiency issued in accordance

with Regulation VII4 of the Annex to the STCW Convention.

(b) Seafarers designated to take charge of medical care on board ship shall meet the standard

of competence in medical care on board ships specified in Regulation VI14, paragraph 2

Annex to the STCW Convention and where the training in medical first aid is not included

in the seafarer's certificate of competency, shall hold a certificate ofproficiency

issued in accordance with Regulation VII4 of the Annex to the STCW Convention.

(c) Training for the issue of a certificate of proficiency in medical first aid or in medical care

on board shall be at a course which is recognised by a member state to the STCW

Convention which is recognised by Antigua and Barbuda for the issue of endorsements

to certificates of competency.

U. MANDATORY MINIMUM REQUIREMENTS FOR THE iSSUE OFCERTIFICATESOFPROFICIENCY

FORSIllPSECURITY OFFICERS

Ship security officers shall hold a celiificate of proficiency as ship security officer issued in accordance

with Regulation VI/5 of the Annex to the STCW Convention following training which is approved

by a member state which is also recognised by Antigua and Barbuda for the issue of endorsements

to certificates of competency.

12. MANDATORYMINIMUM REQUIREMENTS FORSECURITY-RElATEO FAlVllLLIARISATION

TRAINlNGAND SECURITYAWARENESSTRAINlNGAND INSTRUCTION FORALLSEAFARERS

(a) Before being assigned to shipboard duties, all persons, other than passengers, employed

or engaged on a seagoing ship which is required to comply with the ISPS Code shall

receive approved security-related familiarisation training or instlUction in accordance

with Regulation VI/6.1 of the Annex to the STCW Convention and conducted by the

ship's Security Officer or an equally qualified person and the training shall meet the

appropriate standard of competence specified in Section A. VI/6.1 of the STCW Code.


(b)ADOMS may, on submission of the details of the security familiarisation training proposed

for each ship or group of ships, approve that training programme as meeting the

requirements of paragraph (a).

(c)Seafarers employed or engaged in any capacity on board a ship which is required to

comply with the ISPS Code on the business of the ship as part of the ship's complement

without designated security duties shall before being assigned to any shipboard duties,

receive approved training or instruction in security awareness and shall receive documentary

evidence of having completed the training or instruction.

(d)ADOMS may, on submission of the details of the security awareness training proposed

for each ship or group of ships, approve that training programme as meeting the requirements

of (b).

(e)Where security awareness is not included in the qualifications for certificate to be issued,

a certificate of proficiency shall be issued indicating that the holder has attended a course

in security awareness training.

(f) Seafarers with designated security duties shall meet the standard of competence specified

in Regulation VII6.4 of the Annex to the STCW Convention following approved

training or instruction.

(g) ADOMS may, on submission of the details of the security awareness training proposed

for seafarers with designated security duties on each ship or group of ships, approve

that training programme as meeting the requirements of paragraph (e).

(IJ) Where training in designated security duties is not included in the qualifications for

celtificate to be issued, a certificate of proficiency shall be issued indicating that the

holder has attended a course of training for designated security duties.".

34. Addition of Fourth Schedule

The principal Act is amended by adding after the Third Schedule the following-

FOURTH SCHEDULE

Section 235

INTERNATIONAL CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS,

1976, AS AMENDED BYTIIEPROTOCOLOF 1996


PART I

TEXTOFCON'vENTION

CHAPTERL lHERIGHTOFLIMITATION

ARTICLEl

Persons entitled to limit

1. Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with tbe rules

of this Convention for claims set out in Article 2.

2. The term "shipowner" shall mean the owner, charterer, manager or operator of a seagoing ship.

3. Salvd-r shall mean any person rendering services in direct connection with salvage

Salvage operations shall also include operations referred to in Article 2, paragraph l(d),

4. If any claims set out in Article 2 are made against any person for whose act,

shipowner or salvor is responsible, such person shall be entitled to avail himself of

liability for in this Convention.

5. In this Convention the liability of a shipowner shall include

vessel hersel f.

in an action

default the

limitation of

the

6. An insurer ofliability for claims subject to limitation accordance with the mles of this Convention

shall be entitled to the benefits ofthis Convention to the same extent as the assured himself.

7. The act of invoking limitation ofliability shall not constitute an admission ofliability,

ARTICLE 2

Claims limitation

1. Subject to Articles 3 and 4 the following claims, whatever the basis of

subject to limitation ofliability:

in respect ofloss oflife or injury or loss of or

to harbour works, basins and waterways and aids to

or in direct connection with the operation of the ship or with

consequential loss resulting therefrom;

shall

claims in of loss resulting from in the carriage by sea of cargo, passengers

or their luggage;


(c) claims in respect of other loss resulting from infringement of rights other than contractual

rights, occUlTing in direct connection with the operation of the ship or salvage operations;

(d) claims in respect of the raising, removal, destruction or the rendering harmless of a ship

which is sunk, wrecked, stranded or abandoned, including anything that is or has been on

board such ship;

(e) claims in respect of the removal, destruction or the rendering harmless of the cargo of the

ship;

(f) claims of a person other than the person liable in respect of measures taken in order to

avert or minimise loss for which the person liable may limit his liability in accordance with

~ this Convention, and further loss caused by such measmes.

2. Claims set out in paragraph 1 shall be subject to limitation of liability even if brought by way of

recourse or for indemnity under a contract or otherwise. However, claims set out under paragraph 1 (d),

(e) and 6?,shall not be subject to limitation of liability to the extent that they relate to remuneration

under a contract with the person liable.

ARTICLE 3

Claims excepted from limitation

The rules of this Convention shall not apply to:

(a) claims for salvage, including, if applicable, any claim for special compensation under

article 14 ofthe International Convention on Salvage 1989, as amended, or contribution in

general average;

(b) claims for oil pollution damage within the meaning of the ~nternational Convention on

Civil Liability for Oil Pollution Damage dated 29th November 1969 or of any amendment or

Protocol thereto which is in force;

(c) claims subject to any international convention or national legislation governing or prohibiting

limitation ofliability for nuclear damage;

(d) claims against the shipowner of a nuclear ship for nuclear damage;

(e) claims by servants of the shipowner or salvor whose duties are connected with the ship

or the salvage operations, including claims of their heirs, dependants or other persons

entitled to make such claims, if under the law governing the contract of service between

the shipowner or salvor and" such servants the shipowner or salvor is not entitled to

limit his liability in respect of such claims, or if he is by such law only pennitted to

limit his liability to an amount greater than that provided for in Article 6.


ARTICLE 4

Conduct barring Limitation

A person liable shan not be entitled to limit his liability if it is proved that the loss resulted from his

personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge,

that such loss would probably result.

ARTICLES

Counterclaims

Where a person entitled to limitation ofliability under the rules of this Convention has a claim against

the claimant arising out of the same occurrence, their respective claims shall be set off against each

other a~d the provisions of this Convention shall only apply to the balance, if any.

CHAPfERll. LIMITS OF LIABILITY

ARTICLE 6

The general limits

J. The limits of liability for claims other than those mentioned in Article 7, arising on any distinct

occasion, shall be calculated as follows:

(a) in respect of claims for loss oflife or personal injury,

(i) 2 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,

(ii) for a ship with a tonnage in excess thereofthe following amount in addition to that

mentioned in (i):

for each ton from 2,00 1 to 30,000 tons, 800 Units of Account;

for each ton from 30,001 to 70,000 tons, 600 Units of Account,

and for each ton in excess of70,000 tons, 400 Units of Account,

(b) in respect of any other claims,

(i) 1 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,

(ii) for a ship with a tonnage in excess thereofthe following amount in addition to that

mentioned in (i):

for each ton from to 30,000 tons, 400 Units

for each ton tl'om30,OO 1 to 70,000 tons, 300 Units of Account;

and for each ton in excess of70,000 tons, 200 Units of Account.


2. Where the amount calculated in accordance with paragraph I (a) is insufficient to pay the

claims mentioned therein in tiJlI, the amount calculated in accordance with paragraph I (b) shall be

available for payment of the unpaid balance of claims under paragraph 1 (a) and such unpaid balance

shall rank rateably with claims mentioned under paragraph 1(b).

3. The!limits of liability for any salvor not operating from any ship or for any salvor operating

so lely on the ship to, or in respect of which he is rendering salvage services, shall be calculated

according to a tOlUlage of 1,500 tons.

ARTICLE 7

The limit for passenger claims

I. In respect of claims arising on any distinct occasion for loss of life or personal injury to

passengers of a ship, the limit ofliability of the shipowner thereof shall be an amount of 175,000 Units

of Account multiplied by the number of passengers which the ship is authorised to carry according

to the ship's certificate.

2. For the purpose ofthis Article "claims for loss oflife or personai injury to passengers of a ship"

shall mean any such claims brought by or on behalf of any person carried in that ship:

(a) under a contract of passenger carriage, or

(b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are

covered a contract for the carriage of goods.

ARTiCLES

Unit of Account

Unit of Account referred to in Articles 6 and 7 is the special drawing right as defined by the

International Monetary Fund. The amounts mentioned in Articles 6 and 7 shaH be converted into the

national CUlTency of the State in which limitation is sought, according to the value ofiliat currency

at the date the limitation fund shaH have been constituted, payment is made, or security is given

which under the law ofthat State is equivalent to such payment


ARTICLE 9

Aggregation of claims

1. The limits ofliability determined in accordance with Article 6 shall apply to the aggregate of all

claims which arise on any distinct occasion:

against the person or persons mentioned in paragraph 2 of Article 1 and any person for

whose act, neglect or default he or they are responsible; or

(b) against the shipowner of a ship rendering salvage services from that ship and the salvor

or salvors operating from such ship and any person for whose act, neglect or default he

or they are responsible; or

(c) against the salvor or salvors who are not operating from a ship or who are operating

solely on the ship to, or in respect of which, the salvage services are rendered and any

person for whose act, neglect or default he or they are responsible.

2. The limits ofliability determined in accordance with Article 7 shall apply to the aggregate of all

claims subject thereto which may arise on any distinct occasion against the person or persons

mentioned in paragraph 2 of Article 1 in respect of the ship refen-ed to in Article 7 and any person for

whose act, neglect or default he or they are responsible.

ARTICLE 10

Limitation ofliability without constitution of a limitation fund

1. Limitation of liability may be invoked notwithstanding that a limitation ftmd as mentioned in

Article 11 has not been constituted.

2. Iflimitation ofliability is invoked without the constitution of a limitation ftmd, the provisions of

Article 12 shall apply to correspondingly.

3. Questions of procedure arising under the rules of this Article shall be decided in accordance with

the national law of the State Party in which action is brought.

CHAPTER III. THE LIMITATION FUND

ARTICLEll

Constitution oCthe Fund

I. person alleged to be liable may constitute a fund with the Court or other competent authority

in any State Party in which legal proceedings are instituted in respect of claims subject to limitation. The

ftmd shall be constituted in the sum of such of the amounts set out in Articles 6 and 7 as are applicable


to claims for which that person may be liable, together with interest thereon from the date of the

OCCUlTence giving rise to the liability until the date of the constitution of the fund. Any fund thus

constituted shall be available only for the payment of claims in respect of which limitation of liability

can be invoked.

2. A fund may be constituted, either by depositing the sum, or by producing a guarantee acceptable

under the legislation of the State Party where the fund is constituted and considered to be adequate

by the Court or other competent authority

3. A fund constituted by one of the persons mentioned in paragraph I (a) , (b) or (c) or paragraph

2 of Alticle 9 or his insurer shall be deemed constituted by all persons mentioned in paragraph 1 (a),

(b) or (c) or paragraph 2, respectively.

ARTICLE 12

Distribution ofthe fund

1. Subject to the provisions of paragraphs 1 and 2 of Article 6 and of Article 7, the fund shall be

distributee! among the claimants in proportion to their established claims against the fund.

2. If, before the fund is distributed, the person liable, or his insurer, has settled a claim against the

fund such person shall, up to the amount he has paid, acquire by subrogation the rights which the

person so compensated would have enjoyed under this Convention.

3. The right of subrogation provided for in paragraph 2 may also be exercised by persons other

than those therein mentioned in respect of any amount of compensation which they may have paid,

but only to the extent that such subrogation is permitted under the applicable national law.

4. Where the person liable or any other person establishes that he may be compelled to pay, at a

later date, in whole or in part any such amount of compensation with regard to which such person

would have enjoyed a right of subrogation pursuant to paragraphs 2 and 3 had the compensation

been paid before the fund was distributed, the Court or other competent authority of the State where

the fund has been constituted may order that a sufficient sum shall be provisionally set aside to

enable such person at such later date to enforce his claim against the fund.

ARTICLE 13

B:u' to other actions

1. Where a limitation fl.md has been constituted in accordance with AIticle 11, any person having

made a claim against the fund shall be barred from exercising any right in respect of such a claim

against any other assets of a person by or on behalf of whom the fund has been constituted.

2. After a limitaticl1 fund has been constituted in accordance with Alticle 11, any ship or other

property, belonging to a person on behalf of whom the fund has been constituted, which has been

atTested or attached within the jurisdiction of a State Patty for a claim which may be raised against the


or any security given, may be released by order of the Court or other competent authority of

such State. However, such release shall always be ordered if the limitation fund has been constituted:

at the port where the occurrence took place, or, if it took place out of port, at the first port

of call thereafter; or

(b) at the port of disembarkation in respect of claims for loss of life or personal injury; or

(c) at the port of discharge in respect of damage to cargo; or

(d) in the State where the arrest is made.

,

3. Tne rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim agaillst the

limitation fund before the Court administering that fund and the fund is actually available and freely

transferable in respect of that claim.

ARTICLE 14

Governing law

Subject to the provisions of this Chapter the rules relating to the constitution and distribution of a

limitation fund, and all rules of procedure in connection therewith, shall be governed by the law of the

State Party in which the fund is constituted.

CHAPTERIY. SCOPE OF APPLICATION

ARTICLE 15

1. This Convention shall apply whenever any person referred to in Article 1 seeks to limit his

liabilitY before the Court of a State Party or seeks to procure the release of a ship or other property or

the discharge of any security given within the jurisdiction of any such State.

ARTICLE 18

Reservations

1. Any State may, at the time of signature, ratification, acceptance, approval or accession, or at

any time thereafter, reserve the right:

(a) to exclude the application of article 2, paragraphs 1(d) and (e).

No other reservations shall be admissible to the substantive provisions of this Convention.


PART II


PROVlSIONSHAVlNGEFFECTIN CONNECTION WITH CONVENTION

Interpretation

1. In this Part of this Schedule any reference to a numbered article is a reference to the article of

the Convention which is so numbered.

Right to limit liability

2. Subject to paragraph 6 below, the right to limit liability under the Convention shall apply in

relation to any ship whether seagoing or not, and the defmition of "shipowner" in paragraph 2 of

mticle 1 sQall be construed accordingly.

3. (1) Paragraph 1 (d) of article 2 shall not apply unless provision has been made by an order of the

Minister for the setting up and management of a fund to be used for the making to harbour or

conservancy authorities of payments needed to compensate them for the reduction, in consequence

oftlle said paragraph 1 (d), of amounts recoverable by them in claims of the kind there mentioned, and

to be maintained by contributions fi'om such authorities raised and collected by them in respect of

vessels in like manner as other sums so raised by them.

(2) Any order under sub-paragraph (1) above may contain such incidental and supplemental

provisions as appear to Minister to be necessary or expedient.

Claims excluded from limitation

4. The claims excluded from the Convention by paragraph (b) of article 3 are claims in respect of

any liabilitY incuned under section 183 of this Act.

The general limits

5. (1) In the application of article 6 to a ship with a tonnage less than 300 tons that article shall have

effect as if-

(a) paragraph 1 (a)(i) referred to 1,000,000 Units of ACcOlmt; and

(b) paragraph 1 (b)(i) referred to 500,000 Units of Account.

(2) For the purpose of article 6 and this paragraph a ship's tonnage shaH be the gross tOlmage

calculated in accordance with the tonnage measmement rules contained in Annex I of the IntemaNo.

15 of 2014. 35 The Antigua and Barbuda Merchant Shipping

(Amendment) Act, 2014.

tional Convention on Tonnage Measurement of Ships, 1 969, or in the case of ships of less than 24

metres in length, in accordance with Regulations of Antigua and Barbuda relating to the measurement

of of such ships,.

Limit for passenger claims

6. In the case of a ship for which there is in force a Passenger Ship Safety Certificate, the

ship's certificate mentioned in paragraph 1 of article 7 shaH be that certificate.

(2) In paragraph 2 of Article 7 the reference to clainls brought on behalf of a person includes a

reference to any claim in respect ofthe death of a person under the Fatal Accidents Act (Cap. 166).

Units ofAccOlmt

7. (1) For the purpose of converting the amounts mentioned in Articles 6 and 7 from special drawing

rights into United States dollars one special drawing right shall be treated as equal to such a SUlll in

United States dollars as the International Monetary Fund have fixed as being the equivalent of one

special drawing right for -

(a) the relevant date under paragraph 1 of aliicle 8; or

(b) ifno sum has been so fixed for that date, the last preceding date for which a SUlll has been

so fixed.

(2) A certificate given by or on behalf of the Eastern Caribbean Central Bank stating-

(aJ that a particular sum in United States dollars has been fixed as mentioned in sub-paragraph

(1) above for a particular date; or

(b) that no SUlll has been so fixed for that date and that a particular SUlll in United States

dollars has been so fixed for a date which is the last preceding date for which a SUlll has

been so fixed,

shall be conclusive evidence of those matters for the purposes of those articles; and a docUlllent

purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the

contrary is proved, be deemed to be such a certificate.

Constitution of fund

The Minister may, with the concurrence of the Eastern Caribbean Central Bank, by order

the rate of interest to be for the purposes of paragraph 1 of Article 11.


Where a fund is constituted with the court in accordance with Article 11 for the payment of

clainls arising out of any occurrence, the court may stay any proceedings relating to any claim arising

out of that occun-ence which are pending against the person by whom the ftmd has been constituted.

Distl'ibution of fund

9. No lien or other right in respect of any ship or property shall affect the proportions in which

under Article 12 the fund is distributed among several claimants.

Bar to other actions

10. Where the release of a ship or other property is ordered under paragraph 2 of Article 13 the

person on~whose application it is ordered to be released shall be deemed to have submitted to the

jurisdiction of the court to adjudicate on the claim for which the ship or property was arrested or

attached.

Meaning of "court"

I 1. References in the Convention and the preceding provisions of this Part of this Schedule to the

court are, in relation to Antigua and Barbuda, references to the High Court.

Meaning of "ship"

12. References in the Convention and in the preceding provisions of this Part of this Schedule to a

ship include references to any stmcture (whether completed or in course of completion) launched and

intended for use in navigation as a ship or part ofa ship."."



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