An Ordinance to provide for the control and safety of shipping 6 of 1957
1 of 1958
8 of 1971
9 of 1971
17 of 1972
(Cap.89 of 1973)
2 of 1975
Commencement: 1st January 1958 Short Title 1. This Ordinance may be cited as the Shipping Ordinance.
Interpretation 2. In this Ordinance unless the context otherwise requires -
"engaged in trade" includes the doing of any act with a view to or for the purposes of gain or profit;
"foreign-going vessel" means any vessel going between some place or places in Tuvalu and some place or places beyond the limits of Tuvalu;
"inter-island vessel" means any vessel going to any ports or places in Tuvalu beyond the protection of the reefs;
"lagoon service vessel" means any vessel going generally within the protections of land or reefs or as may be specifically endorsed on the certificate of seaworthiness;
"licensing officer" means a person appointed to be a licensing officer under the provisions of section 3;
"vessel" means anything made or used to carry by water or to hold or contain on water any human being or goods or property whatsoever but excludes -
(i) the life boats, rafts, work boats or launches which form part of the equipment of a larger vessel while being used as such;
(ii) punts, barges or other work boats whose sole means of propulsion is by man power or by towing;
(iii) sailing or paddling canoes of native design while operating as a lagoon service vessel;
(iv) dinghies and other boats having an overall length of less than 16 feet, while operating as a lagoon service vessel;
"passenger" means any person carried in any vessel other than the master and crew.
Appointment of licensing Office 3. The Minister may by notice appoint persons to be licensing officers to grant licences and certificates under the terms of this Ordinance, and may assigns district to such officers.
Appointment of inspectors 4. Licensing officers may appoint any persons to act as inspectors in their district to report to them upon the condition of vessels brought to them for inspection, and to examine candidates applying for certificates of competency under the provision of this Ordinance.
Powers of inspectors and offences connected therewith 5. (1) Every inspector appointed under section 4 shall have power at all reasonable hours -
(a) to go on board any vessel for the purpose of examining the hull, machinery, boats, wireless apparatus, equipment or any materials belonging to or on board such vessel in order to ascertain whether the provisions of his Ordinance or any regulations made thereunder have been complied with;
(b) to enter upon and inspect any premises the entry upon or inspection of which appears to him to be requisite for purpose of the report which he is directed to make;
(c) to require the attendance of all such persons as he may consider necessary to call before him for a like purpose and may require answers to any questions he may think necessary to put and may require the production of any books, papers, log or other document he may consider necessary.
(2) If any person without reasonable excuse (proof whereof shall lie on him) does any of the following things, namely -
(a) fails to attend before an inspector or to make any answer or to produce any document or to make or sign any declaration or to refuse to allow any copies to be taken of any document; or
(b) prevents or impedes any inspector in the execution of his duty on board ship or elsewhere or knowingly mislead or deceive any inspector,
he shall be guilty of an offence against this Ordinance.
Examination to be instituted for masters, mates or engineers 6. (1) Examinations may be instituted for persons who wish to obtain certificates of competency for all or any of the following grades namely -
(a) master of a foreign-going vessel;
(b) first mate of a foreign-going vessel;
(c) second mate of a foreign-going vessel;
(d) master of an inter-island vessel;
(e) mate of an inter-island vessel;
(f) principal in charge of a lagoon service vessel;
(g) engineer in charge of steam, diesel or petrol main engines or engines over 300 brake horse power;
(h) engineer in charge of steam, diesel or petrol main engines or engines over 150 brake horse power and up to and including 300 brake horse power;
(i) engineer in charge of diesel or petrol engines of 150 brake horse power or under;
(j) engineer in charge of the engine of a lagoon service vessel.
(2) All applicants for examination for certificates of competency shall pay the appropriate fee prescribed:
Provided that no fee shall be payable where the applicant is a public officer required to possess a certificate of competency in connection with his duties in a Government vessel.
Certificates of competency to be granted to those who pass 7. A licensing officer shall deliver to any applicant who has passed the prescribed examination satisfactorily and has given satisfactory evidence of his sobriety, ability and general good conduct a certificate of competency in the prescribed form to the effect that he is competent to act in the capacity therein described.
Examination of candidates for certificates 8. All applicants for certificates for competency as master or mate under this Ordinance shall also pass an examination for colour blindness and in the rule of the road at sea.
Vessels to be provided with certificated officers 9. (1) Every vessel, whatever its means of propulsion, engaged in trade or passenger traffic navigating from any port or place in Tuvalu must be provided with officers holding valid certificates of competency under this Ordinance or holding similar or equivalent unexpired certificates from the Department of Trade of the United Kingdom or other competent authority according to the scale required by the laws of the country in which she is registered or else according to the following scale -
(a) if she be a foreign-going vessel of 500 tons register and upwards, with the master, first mate and second mate duly certificated;
(b) if she be a foreign-going vessel of 120 tons and less than 500 tons, with the master and first mate duly certificated;
(c) if she be a foreign-going vessel of less than 120 tons with the master duly certificated.
In an inter-island vessel, that is to say -
(d) of or under 120 tons with a master duly certificate;
(e) of over 120 tons with a master and mate duly certificated.
In a lagoon service vessel with a principal in charge duly certificated.
(2) Every certificate of competency for employment in a foreign-going vessel shall be deemed to be of a higher grade than the corresponding certificate for employment in an inter-island vessel, and every certificate of competency for employment in an inter-island vessel shall be deemed to be of a higher grade than the certificate for a principal in charge of a lagoon service vessel; and the lawful holder of any higher grade certificate shall be entitled to go to sea in a capacity requiring a lower grade certificate.
Mechanically propelled vessels to be provided with a certificated engineer 10. Every vessel, whose primary means of propulsion is mechanical, engaged in trade or passenger traffic navigating from any port or place in Tuvalu must be provided with at least 1 engineer duly certificated in addition to any officer required to be carried by section 9:
Provided that a lagoon service vessel shall not be required to carry an engineer in addition to the principal in charge when such principal is also a certificated engineer.
Exemption from requirements of sections 9 and 10 11. (1) Notwithstanding anything contained in this Ordinance, where he is satisfied that it is in the public interest to do so the Minister may by order exempt any vessel or class of vessels from any of the requirements of sections 9 and 10, subject to such conditions as he may specify in the order.
(2) Any person who uses a vessel to which an order under subsection (1) applies in contravention of any condition specified in the order shall be guilty of an offence.
Penalty for engagement to service without proper certificate 12. Any person who having been engaged to serve in any capacity for which a certificate is required under this Ordinance goes to sea or serves in any vessel without being at the time possessed of necessary certificate, and every person who employs any person in any such capacity in such a vessel who at the time is not possessed of such certificate, and every person who navigates or causes to be navigated any such vessel without the proper complement of officers or engineer required by sections 9 and 10 shall, for each such offence, be liable to a fine of $100 or in default of payment to imprisonment for 3 months.
Cancellation and suspension of certificates 13. (1) A licensing officer may, if, after due enquiry, he is satisfied that the hold of any certificate issued under section 7 is unfit to discharge his duties, cancel, suspend or lower the grade of such certificate, as he may think fit.
(2) Any licensing officer exercising these powers shall report the result of his decision to the Minister and no new certificate of any grade shall be granted or certificate restored without the approval of the Minister.
(3) Any person aggrieved by any decision of a licensing officer may appeal against such decision to the Minister, who may, if he thinks fit order a further enquiry with a view to restoring the certificate cancelled, suspended or lowered in grade.
(4) For the purpose of such enquiry the licensing officer or the Minister shall have the powers of a magistrate.
Certificates of seaworthiness 14. (1) A licensing officer may grant to vessels engaged in trade or passenger traffic a certificate of seaworthiness in the form prescribed or as near thereto as circumstances permit and such certificate shall be liable to be revoked at any time on good cause by a licensing officer; and such certificate shall state whether the vessel to which any certificate is given shall be employed on foreign-going or inter-island or lagoon service purposes, the name of the owner, the number of passengers (including crew) and the quantity of cargo which may be carried under different circumstances, the period during which the vessel may ply and the date on which the certificate may expire.
(2) Such certificate shall, unless revoked, remain in force for not more than 12 months from the date thereof:
Provided always if any such person has been absent from Tuvalu for 30 days previous to the date of expiration of the certificate last granted in respect of such vessel, such last certificate, if not revoked, shall continue in force till the return of such vessel to Tuvalu.
Penalty on ship proceeding to sea without certificate 15. (1) No vessel engaged in trade or passenger traffic, whatever its means of propulsion, shall proceed upon any voyage or excursion unless such vessel has a certificate of seaworthiness issued under section 13 or by other competent authority, valid and unexpired, which must be produced together with the certificates of competency of the officers and engineer required for the voyage to a customs officer before any clearance can be obtained or on demand by any lawfully appointed officer.
(2) Any master or owner of a vessel which proceeds upon any voyage or excursion in contravention of this section shall be liable to a fine of $200 or in default of payment to imprisonment for 3 months:
Provided that where the owner of such vessel is a limited company or other corporation, such limited company or other corporation shall for any such offence as above mentioned be liable to a fine of $200 recoverable by distress.
Limit of passengers to be carried 16. Any master or person in charge of any vessel who carries a greater number of passengers than is specified in such vessel’s certificate shall be liable to a fine of $4 per day for each excess passenger so carried or, in default, to imprisonment for 3 months.
Fees for certificates of seaworthiness 17. The owner of any vessel requiring a certificate of seaworthiness under this Ordinance shall pay on application such fee as may be prescribed.
If a vessel reported to be unseaworthy survey to be made 18. (1) When a licensing officer has received a complaint, or has reason to believe that any vessel is, by reason of the defective condition of her hull, equipment or machinery or by reason of overloading, unfit to proceed to sea without serious danger to human life, he may direct an inspector to survey such vessel and the equipment and machinery thereof.
(2) The licensing officer, if he thinks such vessel cannot proceed to sea without serious danger to human life, may make such order as he may think requisite as to the detention of the vessel or as to her release either absolutely or upon the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or re-loading of cargo as he may impose; and the licensing officer may also from time to time vary or add to such orders, and a copy of such order and any alteration thereof shall be served as soon as possible on the owner or master of the vessel.
Master or owner to report loss or damage of vessel 19. Whenever any vessel has been lost or sustained damage either in her hull or any part of her machinery, the owner or master of such vessel shall, at the earliest opportunity, make to the licensing officer, who gave the vessel her current certificate of seaworthiness, a report of such accident or damage stating the name of such vessel, the port to which she belongs, and the place where she is, and if such owner or master neglect to do so he shall be liable to a fine of $40 or in default to imprisonment for 3 months.
Regulations 20. The Minister may make regulations under this Ordinance and prescribe penalties for the breach thereof in regard to -
(i) such matters as may have been required to be prescribed;
(ii) the qualifications of applicants for certificates of competency;
(iii) the standards for seaworthiness, equipment and machinery of all vessels engaged in trade or passenger traffic;
(iv) the requirements as regards safety at sea equipment;
(v) the lights to be shown, signals to be used, and the sailing rules to be observed;
(vi) the marking, naming or numbering of vessels; and
(vii) generally for carrying out the provision of this Ordinance.
General Penalty 21. Any person committing any offence against any of the provisions of this Ordinance for which no specific penalty is provided, or against any of the regulations made under this Ordinance, shall be liable to a fine of $50 or in default of payment to imprisonment for 3 months.
License fees for vessels registered outside Tuvalu 22. Every foreign-going vessel registered outside Tuvalu and engaged in trade or passenger traffic within Tuvalu shall take out a licence in the form which may be prescribed and pay the fee as may be prescribed.
Licence for vessels employed in trading 23. (1) Without prejudice to section 22, no vessel shall be used within Tuvalu for the purpose of trade or passenger traffic unless there is in force at the time a licence in the form which may be prescribed granted in respect of that vessel by a licensing officer under this section:
Provided that the Minister may by notice exempt any vessel or class of vessels from the restriction imposed by this subsection.
(2) Subject to subsection (3), a licence granted under this section shall -
(a) contain such terms and conditions as regards the use for the purpose of trade or passenger traffic of the vessel concerned as the licensing officer may in each case direct;
(b) remain in force for 2 years:
Provided that the licensing officer may revoke a licence where he is satisfied that there has been a wilful breach of any term or condition thereof.
(3) In exercise of the powers conferred by subsections (1) and (2) the licensing officer shall comply with such directions as may be given to him by the Minister.
(4) Any person who uses a vessel in contravention of this section or of any term or condition contained in a licence granted under this section shall be liable to a fine of $20,000 and to imprisonment for 2 years.
[Subsidiary] SUBSIDIARY LEGISLATION
Regulation under section 20 (1) Shipping Regulations
(2) Shipping (Rations) Regulations
(1) SHIPPING REGULATIONS G.N. 30/58
GENERAL Citation 1. These Regulations may be cited as the Shipping Regulations.
Classes of vessels 2. For the purpose of these Regulations every vessel shall be assigned to a classes shown in Schedule A and shall comply with all the regulations for a vessel of her class.
Records to be maintained 3. For the purposes of these Regulations the licensing officers shall maintain records showing the numbers of all certificates of competency and certificates of maintained seaworthiness issued under these Regulations, and containing the names of persons to whom and the vessels in respect of which such certificates are issued.
Definitions 4. For the purpose of these Regulations unless the context otherwise requires -
"deadweight" shall mean the weight of cargo, fuel, water, stores, etc. carried in a vessel;
"engineer (Motor-150)" means a person holding a certificate of competency as engineer in charge of diesel or petrol engines of 150 brake horse power or under;
"engineer (Motor-300)" means a person holding a certificate of competency as the engineer in charge of diesel or petrol main engines or engine over 150 brake horse power;
"engineer (Steam-300)" means a person holding a certificate of competency as engineer in charge of steam main engines or engine over 150 brake horse power and up to and including 300 brake horse power;
"engineer (Motor-unlimited)" means a person holding a certificate of competency as the engineer in charge of diesel or petrol main engines or engine over 300 brake horse power;
"engineer (Steam-unlimited)" means a person holding a certificate of competency as the engineer in charge of steam main engines or engine over 300 brake horse power;
"lagoon coxswain" means a person holding a certificate of competency as the principal in charge of a lagoon service vessel;
"lagoon engineer" means a person holding a certificate of competency as engineer in charge of the engine of a lagoon service vessel;
"length" "breadth" "depth", etc., means the length, breadth, depth, etc., ascertained on the survey of the vessel for the granting of a certain of seaworthiness;
"passenger" means a person other than the master or crew, that is to say a person of 12 years or upwards, and 2 persons between the ages of 2 and 12 years shall be treated as 1 person;
"seaman" means any person employed in any capacity as a member of the crew of any vessel;
"tons" means net tons.
CERTIFICATE OF COMPETENCY Certificates of competency: Application for examination 5. A candidate for examination for a certificate of competency under section 6 shall make application in the prescribed form, which together with the candidate’s sight test certificate and service certificates in the prescribed forms and the prescribed forms and the prescribed fee, shall be lodged with the licensing officer at least 2 weeks before the examination. The forms and certificates prescribed by this regulation shall be as shown in Schedule I. The fee shall be as shown in Schedule H.
Certificates of competency: minimum age and service 6. A candidate for examination for a certificate of competency must prove that he has attained the age and has served the minimum period of service required for each grade of certificate as shown in Schedule B, and that his conduct has been satisfactory:
Provided that the licensing officer may at his discretion exempt from compliance with this regulation any candidate who can produce satisfactory evidence of equivalent experience.
Definition of sea service 7. For the purpose of these Regulations, except where otherwise stated -
The terms "sea service" and "service at sea" shall be taken to mean service in the deck department, and to include time spent in port, provided that the candidate was a bona fide member of the crew of a vessel of the class required by these Regulations. In the case of an apprentice the whole of the period of apprenticeship shall count as sea service, provided that he has performed his service faithfully and has spent not more than one-fourth of his apprenticeship ashore; the term "engineering sea service" shall mean service as a bona fide member of the engineroom staff of a vessel with motor main engines.
Equivalent certificates of competency 8. For the purposes of section 9 and these Regulations -
(a) a certificate of competency as mate of a foreign-going vessel issued in the United Kingdom shall be considered equivalent to a certificate of competency as master of a foreign-going vessel issued in pursuance of section 6, and a certificate of competency as second mate of a foreign-going vessel issued in the United Kingdom shall be considered equivalent to a certificate of competency as mate of a foreign-going vessel in pursuance of section 6. In respect of certificates of competency issued in pursuance of section 6 the order of superiority shall be as follows -
(i) Master of a foreign-going vessel;
(ii) Mate of a foreign-going vessel;
(iii) Master of an inter-island vessel;
(iv) Second Mate of a foreign-going vessel;
(v) Mate of an inter-island vessel;
(vi) Lagoon coxswain.
(b) A certificate of competency as engineer, second class motor, or steam and motor, issued in the United Kingdom shall be considered superior to a certificate of competency as engineer (motor or steam-unlimited) issued in pursuance of section 6;
(c) The standard of a certificate of competency as a master, mate or engineer issued by an authority outside the United Kingdom shall be as decided by the Minister from time to time.
Steam and motor endorsements 9. The certificates of competency for an engineer under section 6(g) and (h) will be in the form of certificates for steam powered vessels or certificates for motor powered vessels. The holder of either a steam or motor certificate will on completion of the necessary engineering sea service as set out in Schedule B to these Regulations, and on passing the examination as set out in Schedule D to these Regulations, be granted either a motor or steam endorsement to such certificate. Such endorsement will entitle the holder to take charge of steam or motor engines of appropriate horse power as set out in his main certificate and endorsement.
Rules for the conduct of examinations 10. Examinations for certificates of competency shall be conducted in accordance with the rules for the conduct of examinations contained in Schedule C.
Language in which examination is to be conducted 11. Examination of candidates for certificates of competency shall be conducted English, with the exception of those for lagoon coxswain and lagoon engineer, which may be conducted in Tuvaluan.
Syllabus of examinations 12. Every candidate for examination for certificate of competency may be asked questions to determine his knowledge of the various subjects in accordance with the syllabuses of the various examinations set out in Schedule D to these Regulations.
Syllabus for higher grades 13. The syllabus for a higher grade of examination in both written and oral work is always to be regarded as including that syllabus of the subject for certificates of lower grades.
Issue of certificates of competency 14. The licensing officer shall issue to every candidate who has passed the examination a certificate of competency in the form prescribed as shown in Schedule I, provided that a candidate who already holds a certificate of a lower grade must surrender such certificate to the licensing officer before he may be issued with the certificate of the higher grade.
Lost Certificate 15. Every person who has lost his certificate of competency must report the loss without delay to the licensing officer, who shall, on payment of the prescribed fee issue a certified copy of the certificate.
Fraud and misrepresentation 16. Any person who makes, or assists in making, or procures to be made any false representation for the purpose of procuring either for himself or for any other person, a certificate of competency, shall be guilty of an offence.
Attempted bribery 17. Any candidate who offers a gratuity to any inspector or to the licensing officer shall be guilty of an offence.