South African Maritime Safety Authority Act

This section is titled “Definitions” for Chapter 1 of the South African Maritime Safety Authority.

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Jurisdiction: South Africa
Instrument: Act or statute
Citation: Act 5 of 1998
Version: Undated source snapshot
Language: en
Updated: 31 Mar 1998
Official source: View official record ↗

acting appointments administrative determinations administrative enforcement administrative powers appeal rights appeals applications appointment termination appointments asset transfer authority establishment authority funding authority powers board governance board meetings borrowing business planning cadet employment on ships certificate cancellation certificate competency certificate extension certificate issuance certificate recognition certificate surrender +135 more

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Statute overview

About this statute

This section is titled “Definitions” for Chapter 1 of the South African Maritime Safety Authority. This section is titled “Establishment and transfer of certain functions.” Section title: how functions may be performed. This section states that functions must be carried out in line with objectives, international agreements, and law. 7. Directions by Minister

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Provisions of South African Maritime Safety Authority Act

Showing 152 of 152

Part

ARRANGEMENT OF SECTIONS

1
Deﬁnitions
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AI-assisted research summary: This section is titled “Definitions” for Chapter 1 of the South African Maritime Safety Authority.

1. Deﬁnitions CHAPTER 1 SOUTH AFRICAN MARITIME SAFETY AUTHORITY

Part

CHAPTER 1

2
Establishment and transfer of certain functions
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AI-assisted research summary: This section is titled “Establishment and transfer of certain functions.”

2. Establishment and transfer of certain functions
5
How functions may be performed
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AI-assisted research summary: Section title: how functions may be performed.

5. How functions may be performed
6
Functions to be performed in accordance with objectives and international
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AI-assisted research summary: This section states that functions must be carried out in line with objectives, international agreements, and law.

6. Functions to be performed in accordance with objectives and international agreements and law
7
Directions by Minister
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AI-assisted research summary: 7. Directions by Minister

7. Directions by Minister
8
Reimbursement of cost of complying with directions
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AI-assisted research summary: This section concerns reimbursement of the cost of complying with directions.

8. Reimbursement of cost of complying with directions
10
Prohibition on formation of companies and partnerships
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AI-assisted research summary: This section is titled “Prohibition on formation of companies and partnerships.”

10. Prohibition on formation of companies and partnerships
11
Consultation
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AI-assisted research summary: This section is titled Consultation.

11. Consultation 5 10 15 4 CHAPTER 2 BOARD OF AUTHORITY AND STAFF Part 1 Board Independence and responsibilities of members
3
The objectives of the Authority are—
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AI-assisted research summary: The Authority’s objectives are to ensure safety at sea, prevent and combat marine pollution by ships, and promote the Republic’s maritime interests.

3. The objectives of the Authority are— (a) (b) (c) to ensure safety of life and property at sea; to prevent and combat pollution of the marine environment by ships; and to promote the Republic’s maritime interests. Duties
4
In order to achieve its objectives the Authority must—
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AI-assisted research summary: The Authority must administer specified laws and related regulations, carry out other assigned duties, and follow section 7 directions. It may perform its functions inside or outside the Republic and may choose different ways to perform them.

4. In order to achieve its objectives the Authority must— (a) administer the laws referred to in section 2(2) and any applicable regulations made under those laws and not already included therein by deﬁnition; (b) carry out such other duties as are assigned to the Authority by or under any other law; and carry out any duty as directed under section 7. (c) How functions may be performed 5. (1) The Authority may perform its functions both within and outside the Republic. (2) Subject to section 4, functions to provide services may be performed at the discretion of the Authority. (3) Where the Authority performs a function, it may do so— itself; in cooperation with another person; or (a) (b) (c) by delegating or assigning the power or duty concerned to another person. (4) For the purposes of subsection (3), ‘‘person’’ includes— the State; (a) (b) a province; (c) (d) any juristic or natural person. the government or an agency of the government of a foreign country; 5 10 15 20 25 30 35 40 Functions to be performed in accordance with objectives and international agreements and law 45
6
The Authority must perform its functions in accordance with—
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AI-assisted research summary: The Authority must follow its objectives and the Republic’s legal obligations when performing its functions, the Minister may issue written directions, and the Authority can be reimbursed for financial detriment caused by complying with those directions.

6. The Authority must perform its functions in accordance with— (a) its objectives mentioned in section 3; and 10 (b) the obligations of the Republic— (i) under any international agreement to which the Republic is a party; and (ii) under customary international law binding on the Republic by virtue of section 232 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). Directions by Minister 7. (1) The Minister may give the Authority written directions regarding the performance of its functions, but directions regarding the performance of functions that are conferred on or assigned to the Authority by or under any other law, may be only of a general nature. (2) Particulars of any direction given during a ﬁnancial year must be included in the annual report of the Authority for that year. Reimbursement of cost of complying with directions 8. (1) Where the Authority satisﬁes the Minister that it has suffered ﬁnancial detriment as a result of complying with a direction given by the Minister under section 7, the Authority is entitled to be reimbursed by the State to the amount of that ﬁnancial detriment. (2) The reference in subsection (1) to suffering ﬁnancial detriment includes a reference to— (a) (b) Powers incurring costs that are greater than those that would otherwise have been incurred; and forgoing revenue that would otherwise have been received. 9. (1) Without derogating from its power generally to perform juristic acts as a juristic person, the Authority has power, in particular, to institute and conduct civil proceedings in all matters relating to its functions. (2) The Authority has power, subject to this Act, to do all things necessary or convenient to be done for or in connection with the performance of its functions, including the power— (a) (b) (c) (d) to enter into contracts; to acquire, hold and dispose of assets; to let or hire plant, machinery, equipment or goods of the Authority not immediately required for the purposes of the Authority; to invest money not immediately required for the purposes of the Authority in any manner that is consistent with sound commercial practice. Prohibition on formation of companies and partnerships
10
The Authority may not—
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AI-assisted research summary: The Authority must not subscribe for or purchase a majority shareholding in a company, join in forming a company, or enter into a partnership.

10. The Authority may not— (a) (b) (c) subscribe for or purchase a majority shareholding in a company; join in the formation of a company; or enter into a partnership. Consultation
11
In the carrying out of its duties and the exercise of its powers, the Authority must,
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AI-assisted research summary: The Authority must, where appropriate, consult public and private bodies and organisations when carrying out its duties and powers.

11. In the carrying out of its duties and the exercise of its powers, the Authority must, where appropriate, consult with bodies and organisations concerned, both public and private. 5 10 15 20 25 30 35 40 12 CHAPTER 2 BOARD OF AUTHORITY AND STAFF Part 1 Board Constitution of Board and terms and conditions of appointment 12. (1) The Board of the Authority consists of the following members: (a) A Chairperson; (b) a Deputy Chairperson; (c) (d) the Chief Executive Officer, by virtue of the office; and two to four other members. (2) The members, other than the Chief Executive Officer, are part-time members. (3) The members mentioned in subsection (1)(a), (b) and (d)— (a) are appointed by the Minister from a list of names of persons which, at the Minister’s request by notice in the media, have been submitted to him or her within the period speciﬁed in the notice by any person or body having an interest in the maritime or related industry; and (b) hold office on such terms and conditions as the Minister determines in writing. (4) In making appointments under subsection (3), the Minister must take into account 5 10 15 that— (a) the shipping sector must be represented by not more than one member; (b) organised labour in the shipping sector must be represented by not more than 20 (c) one member; at least one member must be a person with substantial experience of maritime law, appointed in a personal capacity; the remaining members (if any) must be appointed in their personal capacities and on the grounds of their expertise and experience in the business sector. (5) The carrying out of duties and the exercise of the powers of the Authority is not (d) affected merely because of a vacancy in the membership of the Board. (6) The Board performs the functions of the Authority in terms of this Act by resolution in terms of sections 19, 20 and 21. Period of office of members 25 30

Part

Part 1

12
Provision
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Provision text is not available in this stored record.
13
Period of office of members
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AI-assisted research summary: This section concerns the period of office of members.

13. Period of office of members
14
Remuneration and allowances of members
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AI-assisted research summary: Section 14 is titled “Remuneration and allowances of members.”

14. Remuneration and allowances of members 15.
16
Acting appointments
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AI-assisted research summary: Section title: Acting appointments.

16. Acting appointments
18
Termination of appointment
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AI-assisted research summary: This section is about termination of appointment.

18. Termination of appointment
20
Conduct of meetings
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AI-assisted research summary: This section is titled “Conduct of meetings.”

20. Conduct of meetings
21
Resolutions without meetings
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AI-assisted research summary: Section title: Resolutions without meetings. Part 2 concerns the Chief Executive Officer and staff.

21. Resolutions without meetings Part 2 Chief Executive Officer and staff
31
Transfer of certain State assets to Authority
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AI-assisted research summary: This section concerns the transfer of certain State assets to an Authority.

31. Transfer of certain State assets to Authority
32
Transfer of land, etc., to Authority
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AI-assisted research summary: Section 32 is titled “Transfer of land, etc., to Authority.”

32. Transfer of land, etc., to Authority
33
Effect of transfer from State to Authority
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AI-assisted research summary: Section 33 concerns the effect of a transfer from the State to an Authority.

33. Effect of transfer from State to Authority
34
Liabilities in respect of personnel
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AI-assisted research summary: Section 34 is titled “Liabilities in respect of personnel.”

34. Liabilities in respect of personnel
35
Money paid in advance to State
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AI-assisted research summary: Section title only: Money paid in advance to State.

35. Money paid in advance to State
36
Rights in respect of services and facilities formerly provided by Department
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AI-assisted research summary: Section title: Rights in respect of services and facilities formerly provided by Department.

36. Rights in respect of services and facilities formerly provided by Department
37
Assets and liabilities
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AI-assisted research summary: Section 37 is titled “Assets and liabilities.”

37. Assets and liabilities
41
Guarantee of borrowings
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AI-assisted research summary: Section 41 is titled “Guarantee of borrowings.”

41. Guarantee of borrowings
42
Authority may give security
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AI-assisted research summary: The Authority may give security.

42. Authority may give security
43
Application of Reporting by Public Entities Act, 1992
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AI-assisted research summary: Section 43 is titled “Application of Reporting by Public Entities Act, 1992” and appears under Part 2, Charges.

43. Application of Reporting by Public Entities Act, 1992 5 10 15 20 25 30 35 40 6 Part 2 Charges
13
Subject to this Chapter, a member holds office for a period, not exceeding ﬁve
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AI-assisted research summary: A member holds office for up to five years, as set out in the appointment instrument, and may be reappointed.

13. Subject to this Chapter, a member holds office for a period, not exceeding ﬁve years, speciﬁed in the instrument of appointment, but is eligible for reappointment. Remuneration and allowances of members
14
Members mentioned in section 12(1)(a), (b) and (d) are entitled to such
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AI-assisted research summary: Members in section 12(1)(a), (b) and (d) are entitled to remuneration and allowances, and the Minister determines the amount after consulting the Minister of Finance.

14. Members mentioned in section 12(1)(a), (b) and (d) are entitled to such remuneration and allowances as the Minister may determine after consultation with the Minister of Finance. 35 Independence and responsibilities of members 15. (1) Subject to section 12(2) and (4), a member may not engage in any paid employment that will conﬂict with the proper performance of his or her functions as member. (2) A member who has a direct or indirect pecuniary interest in a matter being considered by the Board must, without delay after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board. 40 (3) A disclosure in terms of subsection (2) must be recorded in the minutes of the 45 meeting, and the member may not, unless the Board otherwise determines— (a) be present during any deliberation of the Board with respect to that matter; or (b) take part in any decision of the Board with respect to that matter. 14 (4) For the purpose of making a determination under subsection (3), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates may not— (a) be present during any deliberation of the Board for the purpose of making the determination; or take part in making the determination. (b) 5 (5) Members must comply with the provisions of the Companies Act, 1973 (Act No. 61 of 1973), applicable to directors of companies. Acting appointments 16. (1) The Minister may appoint the Deputy Chairperson or another member, other 10 than the Chief Executive Officer, to act as Chairperson— (a) during a vacancy in the office of Chairperson; or (b) when the Chairperson is absent from duty or from the Republic or is, for any other reason, unable to perform the functions of the office. (2) The Minister may appoint a member, other than the Chief Executive Officer, to act 15 as Deputy Chairperson— (a) during a vacancy in the office of Deputy Chairperson; or (b) when the Deputy Chairperson is absent from duty or from the Republic or is, for any other reason, unable to perform the functions of the office. (3) The Minister may appoint a person to act as a member— (a) during a vacancy in the office of a member; or (b) when a member is absent from duty or from the Republic or is, for any other reason, unable to perform the functions of the office. (4) Section 12(4) applies with the necessary changes to appointments under subsection (3). (5) A person appointed to act during a vacancy may not continue so to act for more than 12 months at a time. Resignation
17
A member, other than the Chief Executive Officer, may resign from the Board by
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AI-assisted research summary: Members may resign by written notice to the Minister, and the Minister and Board leaders have specific powers and duties about appointments and meetings.

17. A member, other than the Chief Executive Officer, may resign from the Board by notice in writing to the Minister. Termination of appointment 18. (1) The Minister may terminate the appointment of a member— for misbehaviour or for physical or mental incapacity; (a) (b) who becomes insolvent, applies to take the beneﬁt of any law for the relief of insolvent debtors, compounds with creditors or makes an assignment of remuneration for their beneﬁt; (c) who, without reasonable excuse, fails to comply with section 15(1), (2) or (5); (d) where the performance of a member as member has been unsatisfactory or ineffective for a signiﬁcant period of time; or 20 25 30 35 (e) who has been convicted of an offence, of which dishonesty is an element, and 40 sentenced to imprisonment without the option of a ﬁne. (2) If the performance of the Board has been unsatisfactory or ineffective for a signiﬁcant period of time, the Minister may terminate the appointment of all members or speciﬁed members. Meetings 45 19. (1) The Board must hold such meetings as are necessary for the effective and efficient performance of its functions. (2) The Chairperson— (a) may convene a meeting of the Board at any time; and (b) must convene a meeting on receipt of a written request signed by not less than 50 two other members. (3) The Minister may convene a meeting of the Board at any time. (4) Subject to section 15, the Chairperson presides at all meetings at which he or she is present. 16 (5) Where the Chairperson is not present at a meeting— (a) (b) the Deputy Chairperson presides; or if the Deputy Chairperson is not present, the members present must appoint one of their number to preside. (6) At a meeting four members constitute a quorum. (7) Questions arising at a meeting are determined by a majority of the votes of the 5 members present and voting. (8) The person presiding at a meeting has a deliberative vote and, if necessary, a casting vote. Conduct of meetings 20. (1) The Board may, subject to this Chapter, regulate proceedings at its meetings as it considers appropriate. (2) Without limiting the generality of subsection (1), the Board may— (a) permit members to participate in a particular meeting by telephone, closed-circuit television or any other means of communication, and a member who so participates is regarded as being present at the meeting; invite a person to attend a meeting for the purpose of advising or informing it on any matter. (b) Resolutions without meetings 21. (1) Where the Board so determines, a resolution is regarded to have been passed at a meeting of the Board if, without meeting, four or more members indicate agreement with the resolution in accordance with a procedure previously determined by the Board. (2) Such a resolution is regarded to have been adopted on a day determined in accordance with the said procedure. Part 2 Chief Executive Officer and staff 10 15 20 25 Chief Executive Officer 22. (1) There is a Chief Executive Officer of the Authority who, subject to subsection (5), is appointed by the Board. (2) Subject to this Chapter, the person appointed as Chief Executive Officer holds office for a period, not exceeding ﬁve years, speciﬁed in the instrument of appointment, but is eligible for reappointment. (3) The Chief Executive Officer manages the Authority subject to the control and 30 directions of the Board. (4) Anything done in the name of, or on behalf of, the Authority by the Chief 35 Executive Officer is regarded as having been done by the Authority. (5) Despite subsection (1), the Minister may, for the purposes of the setting up of the Authority, appoint a provisional Chief Executive Officer on such terms and conditions, including remuneration and allowances, as the Minister may determine in writing. (6) A person appointed under subsection (5) holds office for a period not exceeding 40 three years, but is eligible for reappointment by the Board. Chief Executive Officer not to engage in other work
33
Where, immediately before a transfer under section 31 or 32—
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AI-assisted research summary: If a transfer under section 31 or 32 happens, certain State-related rights, debts, liabilities, or obligations linked to the transferred assets move from the State to the Authority.

33. Where, immediately before a transfer under section 31 or 32— (a) a right of the State arising out of a debt, liability or obligation of any other person in favour of the State existed in respect of the assets so transferred; or (b) a debt, liability or obligation of the State existed in respect of the assets so transferred, 15 20 the right, debt, liability or obligation, as the case may be, is transferred from the State to the Authority on such transfer. 25 Liabilities in respect of personnel
34
The Minister may, in consultation with the Authority, determine in writing the
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AI-assisted research summary: The Minister may, after consulting the Authority, set in writing the amount of provisions the Authority must make for liabilities transferred from the State for personnel.

34. The Minister may, in consultation with the Authority, determine in writing the amount (if any) of the provisions to be made by the Authority on account of liabilities transferred from the State in respect of personnel. 30 Money paid in advance to State
35
Where, in respect of a function of the Authority which was formerly performed by
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AI-assisted research summary: If the State receives advance money for something it was supposed to do for a former Department function, it must pay the Authority an amount set by the Minister in writing.

35. Where, in respect of a function of the Authority which was formerly performed by the Department, an amount received by the State is or includes an amount paid in advance on account of anything to be done by the State in performing that function, and that thing was not done by the State before the commencement of this Act, there is payable to the Authority by the State an amount that the Minister, having regard to all matters that he or she considers relevant, determines in writing as being payable because of the receipt of the ﬁrst-mentioned amount. Rights in respect of services and facilities formerly provided by Department 36. (1) Where, immediately before the commencement of this Act, in respect of a function of the Authority which was formerly performed by the Department, a right of the State existed, arising out of a debt, liability or obligation of any other person in favour of the State in respect of a service or facility provided by the Department in the performance of that function, the right of the State is transferred to the Authority to the extent that the Minister determines in writing having regard to the objectives of the Authority referred to in section 3. (2) Where, immediately before the commencement of this section, proceedings relating to such a debt, liability or obligation were pending in a court, the proceedings, to the extent that they so relate, may be continued by the Authority and, if the Authority does so, the Authority must replace the State in those proceedings. 35 40 45 50 Assets and liabilities 24 37. (1) The assets of the Authority include— (a) assets transferred to the Authority by or under this Act; (b) any amount paid to the Authority out of money appropriated by Parliament for (c) the purpose of funding the Authority; any amount payable to the Authority under any law or any instrument thereunder; (d) amounts paid to the Authority in terms of section 44 of this Act and section 2 of the South African Maritime Safety Authority Levies Act, 1998; any reserves resulting from the operations of the Authority; any assets acquired by the Authority in the course of its operations. (e) (f) (2) The liabilities of the Authority include— the amount determined under section 34; (a) (b) debts, liabilities and obligations of the State transferred to the Authority in terms of section 33; any debts incurred by the Authority in the course of its operations; (c) (d) any loans raised by the Authority. Maritime Fund 38. (1) A fund, called the Maritime Fund, is hereby established under the control of the Minister. (2) The Authority must administer the Fund in the prescribed manner and the accounts relating to the Fund must be audited annually by the Auditor-General. (3) There is to be paid to the Fund amounts equal to amounts received by way of penalty, ﬁne or forfeiture by the State for contraventions in terms of the laws referred to in section 2(2). (4) Money in the Fund may be applied only for the purpose of furthering the objectives of the Authority referred to in section 3. 5 10 15 20 25 (5) Money in the Fund that is not required for immediate use must be invested with a bank registered under the Banks Act, 1990 (Act No. 94 of 1990). (6) Money in the Fund at the end of any ﬁnancial year must be carried forward as a 30 credit to the Fund to the ensuing ﬁnancial year. (7) The Chief Executive Officer is the accounting officer of the Fund charged with the responsibility of accounting for money received and expenditure incurred by the Fund. Grants by State
39
The Minister of Finance may, out of money appropriated by Parliament for the
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39. The Minister of Finance may, out of money appropriated by Parliament for the purpose, grant money to the Authority on such terms and conditions as that Minister may determine in writing. 35 Borrowings
40
The Authority may borrow money from any source, including a foreign source.
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AI-assisted research summary: The Authority may borrow money from any source, including a foreign source. If the Minister of Finance guarantees a borrowing, the Minister must table a notice in Parliament within 15 sitting days after the contract is entered into.

40. The Authority may borrow money from any source, including a foreign source. Guarantee of borrowings 41. (1) The Minister of Finance may guarantee the compliance by the Authority with obligations incurred by it under section 40. (2) A contract under subsection (1) may include a provision— (a) agreeing that legal proceedings under the contract may be instituted in the courts of a foreign country; or (b) waiving the immunity of the State from suit in the courts of a foreign country. (3) Where the Minister of Finance guarantees such a borrowing, that Minister must cause to be tabled in Parliament within 15 sitting days after the contract is entered into, notice specifying the amount and term of the borrowing and such other information relating to the borrowing or the guarantee as that Minister considers appropriate. 40 45 50 Authority may give security 26
42
The Authority may give security over the whole or part of its assets for—
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AI-assisted research summary: The Authority may give security over its assets, but charges, penalties, reporting, publication, ministerial notice, and detention rules apply.

42. The Authority may give security over the whole or part of its assets for— (a) (b) the compliance by the Authority with any obligation incurred under section 39 or 40; or the payment to the State of amounts equal to amounts paid by the State under a guarantee under section 41. 5 Application of Reporting by Public Entities Act, 1992 43. (1) The Authority must comply with the Reporting by Public Entities Act, 1992 (Act No. 93 of 1992), as applicable to listed entities. (2) When reporting in terms of section 2 of the said Act, the Authority must include an evaluation of its overall performance compared with the ﬁnancial targets and performance indicators for the year concerned. 10 Part 2 Charges Charges 15 44. (1) Subject to this section, the Authority may make determinations— (a) (b) imposing charges and specifying the persons by whom, and the times when, such charges are payable; and imposing the penalties for the purposes of subsection (8). (2) Before making a determination under subsection (1), the Authority must give the 20 Minister notice in writing of the proposed determination— (c) (a) (b) specifying the day from which the determination is intended to operate; if it imposes a charge or penalty, specifying the basis of such charge or penalty; and if it varies a charge or penalty, specifying the reason for the variation. (3) The Minister may within 60 days after receiving a notice of the proposed determination, give the Authority notice in writing approving or disapproving the proposed determination, but when the Minister does so, the Minister must have regard to the objectives and functions of the Authority. 25 (4) A notice under subsection (3) disapproving a proposed determination may 30 recommend an alternative determination. (5) The Authority may make a determination under subsection (1) only if— (a) (b) the Minister approves it; or the period within which the Minister may give notice to the Authority under subsection (3) has expired without the Minister having given such notice. (6) The amount or rate of a charge imposed under subsection (1) must be reasonably related to the expenses incurred or to be incurred by the Authority in relation to the matter to which the charge relates and may not be such as to amount to taxation. (7) A determination made under subsection (1) must be published in the Gazette. (8) Subject to subsection (9), where a charge imposed under subsection (1) is not paid within the period determined by the Authority, being a period beginning on the day on which the charge becomes due, the person liable for the payment of the charge is liable to pay to the Authority, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the date on which the charge became due, and compounded. (9) The penalties determined under subsection (1) may not exceed an amount equivalent to the prescribed percentage of the unpaid amount of the charge for each day during which it remains unpaid, calculated from the date on which the charge became due, and compounded. (10) Unpaid charges and penalties may be recovered as debts due to the Authority. (11) Any reference to a fee, however expressed, in the laws referred to in section 2(2) must be construed as a reference to the corresponding charge determined under this section. 35 40 45 50 28 CHAPTER 5 GENERAL PROVISIONS Power to detain 45. (1) The Authority may detain a ship in the prescribed manner in respect of which a due levy, charge or related penalty has not been paid. (2) A customs officer may not grant a certiﬁcate of clearance or transire under the Customs and Excise Act, 1964 (Act No. 91 of 1964), in respect of a ship liable to detention under subsection (1). Limitation of liability and indemniﬁcation of Authority 46. (1) The Authority, its officers and any person or body acting on its authority are not liable for any loss or damage suffered by any person by reason of anything done or not done in good faith in the carrying out of the Authority’s duties referred to in section 4. (2) (a) The State indemniﬁes the Authority, its officers and any person or body acting on its authority in respect of any civil liability they may incur for loss or damage suffered by any person by reason of anything done or not done in the carrying out of the Authority’s duties referred to in section 4, in an amount equal to the amount by which that liability and any related reasonable costs and expenses exceeds— (i) the amount payable in respect of that liability or those costs and expenses in terms of any policy of insurance or other form of ﬁnancial security maintained by the Authority in accordance with paragraph (b); and (ii) any other amount recoverable by the Authority in respect of that liability or those costs and expenses, whether by way of right of recourse or otherwise. (b) The Authority must maintain insurance or other ﬁnancial security contemplated in paragraph (a)(i) in the amount determined in consultation with the Minister. (3) (a) The State is liable for all unrecoverable reasonable costs and expenses incurred or to be incurred by the Authority in the carrying out of any duty referred to in section 4 to prevent or combat pollution of the marine environment by ships. (b) For the purposes of paragraph (a), costs and expenses are regarded to be unrecoverable if, and to the extent that— (i) no liability for the costs and expenses arises under any law; (ii) the person liable for the costs and expenses under any law is ﬁnancially incapable of meeting his, her or its obligations in full and any ﬁnancial security that may be provided does not cover or is insufficient to satisfy the claim for costs and expenses; or the costs and expenses exceed any statutory liability limit, and are not otherwise recoverable in terms of any law. (iii) Delegation by Minister

Part

Part 2

22
Chief Executive Officer
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AI-assisted research summary: Section title: Chief Executive Officer.

22. Chief Executive Officer
23
Chief Executive Officer not to engage in other work
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AI-assisted research summary: Section title: Chief Executive Officer not to engage in other work.

23. Chief Executive Officer not to engage in other work
24
Provision
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Provision text is not available in this stored record.
26
Acting Chief Executive Officer
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AI-assisted research summary: This section is titled “Acting Chief Executive Officer.”

26. Acting Chief Executive Officer
27
Staff
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AI-assisted research summary: This provision is titled “Staff” and appears under Chapter 3, “Operation of Authority.”

27. Staff CHAPTER 3 OPERATION OF AUTHORITY
44
Charges
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AI-assisted research summary: Section heading: Charges.

44. Charges CHAPTER 5 GENERAL PROVISIONS
23
The Chief Executive Officer may not engage in any paid employment outside the
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AI-assisted research summary: The Chief Executive Officer may not take paid work outside the office unless the Board first approves it.

23. The Chief Executive Officer may not engage in any paid employment outside the functions of the office without the prior approval of the Board. Terms and conditions of service of Chief Executive Officer 45
24
Provision
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24. The Chief Executive Officer holds office on such terms and conditions, including remuneration and allowances, as the Board determines in writing. Resignation 18
25
The Chief Executive Officer may resign by notice in writing to the Board.
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AI-assisted research summary: The CEO may resign by written notice to the Board. The Board may appoint an acting CEO in a vacancy or when the CEO is unavailable, but not for more than 12 months at a time. The Authority must employ necessary staff and prepare a business plan at least 90 days before each financial year for Ministerial approval.

25. The Chief Executive Officer may resign by notice in writing to the Board. Acting Chief Executive Officer 26. (1) (a) The Board may, subject to paragraph (b), appoint a person to act as Chief Executive Officer— (i) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or (ii) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from the Republic or is, for any other reason, unable to perform the functions of the office. (b) A person appointed to act as Chief Executive Officer may not continue so to act for more than 12 months at a time. (2) A person, other than an officer, who is acting as Chief Executive Officer is entitled to the same remuneration and allowances as are payable to the Chief Executive Officer. (3) An officer who is acting as Chief Executive Officer must be continued to be paid the remuneration and allowances payable to the officer, but is also to be paid— (a) (b) (c) so much of the remuneration payable to the Chief Executive Officer as exceeds the officer’s usual remuneration; so much of any allowance payable to the Chief Executive Officer as exceeds the corresponding allowance payable to the officer; and if an allowance is payable to the Chief Executive Officer but is not payable to the officer, that allowance. Staff 27. (1) The necessary staff must be employed by the Authority under a contract of employment. (2) The Chief Executive Officer may, on behalf of the Authority, arrange with a State authority or another body— (a) (b) for the services of officers or employees of the State or other body to be made available for the purposes of the Authority; or for the services of an officer to be made available for the purposes of the State or any other body. (3) Despite anything to the contrary in any law contained, the Chief Executive Officer may, in accordance with an agreement between the Department and the Authority, transfer permanently to the Authority any person who is an officer or employee of the Department in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994), with the concurrence of such person. (4) Before acting under subsection (2) or (3), the Chief Executive Officer must obtain the Minister’s approval. CHAPTER 3 OPERATION OF AUTHORITY 5 10 15 20 25 30 35 40 Business plan 28. (1) The Authority must prepare a business plan at least 90 days before the beginning of each ﬁnancial year to be approved by the Minister. (2) The business plan must— (a) include a statement of the short and medium term operational and business objectives of the Authority for at least ﬁve years; 45 (b) outline the strategies and policies that the Authority intends to adopt in order (c) to achieve its objectives; and include, inter alia, an operational plan, a ﬁnancial plan, a human resources plan and performance indicators. 50 20 (3) The ﬁnancial plan must include estimates of expenditure and revenue for the following ﬁnancial year. (4) The Authority may amend the business plan with the Minister’s approval. (5) The Minister’s approval under subsection (1) or (4) has effect from the beginning of the ﬁnancial year concerned. Financial targets and performance indicators

Part

CHAPTER 3

29
Financial targets and performance indicators
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AI-assisted research summary: Section 29 is titled “Financial targets and performance indicators.”

29. Financial targets and performance indicators
30
Minister may direct variation of ﬁnancial plan
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AI-assisted research summary: The Minister may direct that a financial plan be varied.

30. Minister may direct variation of ﬁnancial plan CHAPTER 4 FINANCE Part 1 General
29
When preparing the ﬁnancial plan, the Authority must consider—
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AI-assisted research summary: The Authority must consider listed financial, safety, environmental, and commercial matters when preparing its financial plan, and the Minister may direct changes to that plan in writing with reasons.

29. When preparing the ﬁnancial plan, the Authority must consider— the need for high standards of maritime safety; the need for a high standard of protection for the marine environment; (a) (b) (c) objectives in legislation and government policies; (d) any direction given by the Minister under section 7; (e) any payments by the State to the Authority to fund functions referred to in paragraph (g); the need to maintain a reasonable level of reserves, having regard to estimated future infrastructural requirements; the need to earn a reasonable rate of return on the Authority’s assets, including assets wholly or principally used in the performance of functions that are directly funded by the State; and (f) (g) (h) any other commercial consideration the Authority considers appropriate. Minister may direct variation of ﬁnancial plan 5 10 15 20 30. (1) The Minister may direct the Authority to vary the ﬁnancial plan in respect of ﬁnancial targets, and performance indicators, relating to the provision of services and facilities. (2) When doing so, the Minister must consider— the matters referred to in section 29, other than paragraph (c); and (a) (b) any other consideration of a commercial nature that the Minister considers 25 appropriate. (3) A direction must be in writing and set out its reasons. CHAPTER 4 FINANCE Part 1 General 30 Transfer of certain State assets to Authority 31. (1) Where, immediately before the commencement of this section— (a) a function of the Authority was being performed by the Department; and (b) an asset was held or used by the Department in connection with the 35 performance of that function, the Minister may cause the asset to be transferred to the Authority. (2) Subsection (1) is not construed as preventing the State from transferring any asset to the Authority otherwise than under that subsection, provided the asset is transferred in order to further the objectives of the Authority referred to in section 3. 40 Transfer of land, etc., to Authority 32. (1) Where the Minister for the purposes of this section determines and describes any land owned by the State by notice in the Gazette, such land is transferred to the Authority on the date speciﬁed in the notice, not being earlier than the date of publication of the notice. (2) Despite section 5 of the State Land Disposal Act, 1961 (Act No. 48 of 1961), and section 18 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), a registrar must, on submission of a certiﬁcate by the Minister that State land has been transferred under subsection (1), make such entries and endorsements free of charge as the registrar 45 50 22 considers necessary in or on any appropriate register, title deed or other document in his or her office or laid before him or her, in order to register the transfer of such land in the name of the Authority. (3) A registrar must, on submission of a certiﬁcate by the Minister that a servitude, other real right or lease has been transferred under subsection (1) or that a servitude exists over State land that has been transferred under that subsection, make such entries and endorsements free of charge as the registrar considers necessary in or on any appropriate register, title deed or other document in his or her office or laid before him or her, in order to— 5 (a) register the transfer of such servitude, other real right or lease in the name of the Authority; or 10 (b) conﬁrm the existence of the servitude over the State land so transferred in favour of any other person. (4) Despite anything to the contrary in any law contained, a servitude or other real right in respect of State land transferred to the Authority under subsection (1) may not be acquired by prescription. (5) In this section ‘‘registrar’’ means a registrar as deﬁned in section 102 of the Deeds Registries Act, 1937. Effect of transfer from State to Authority

Part

CHAPTER 5

46
Limitation of liability and indemniﬁcation of Authority
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AI-assisted research summary: This section is about limiting the Authority’s liability and indemnifying the Authority.

46. Limitation of liability and indemniﬁcation of Authority
47
Delegation by Minister
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AI-assisted research summary: Section 47 is titled “Delegation by Minister.”

47. Delegation by Minister
48
Delegation by Authority
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AI-assisted research summary: Section 48 is titled “Delegation by Authority.”

48. Delegation by Authority
49
Substitution of Authority for State in certain contracts, etc.
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AI-assisted research summary: This section is titled “Substitution of Authority for State in certain contracts, etc.”

49. Substitution of Authority for State in certain contracts, etc.
50
Publication of directions
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AI-assisted research summary: This provision is titled “Publication of directions.”

50. Publication of directions
51
Marine casualties investigation commission
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AI-assisted research summary: Section title only: Marine casualties investigation commission.

51. Marine casualties investigation commission
52
Certain functions of Authority to be performed by Department of State
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AI-assisted research summary: This section is titled “Certain functions of Authority to be performed by Department of State.”

52. Certain functions of Authority to be performed by Department of State
54
Application of Act to Prince Edward Islands
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AI-assisted research summary: This section is titled “Application of Act to Prince Edward Islands.”

54. Application of Act to Prince Edward Islands
55
Amendment of section 1 of Act 105 of 1983, as amended by section 1 of Act
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AI-assisted research summary: This section amends section 1 of Act 105 of 1983, as previously amended by section 1 of Act 87 of 1992.

55. Amendment of section 1 of Act 105 of 1983, as amended by section 1 of Act 87 of 1992
56
Amendment of section 11 of Act 105 of 1983, as substituted by section 9 of
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AI-assisted research summary: This section amends section 11 of Act 105 of 1983, as substituted by section 9 of Act 87 of 1992.

56. Amendment of section 11 of Act 105 of 1983, as substituted by section 9 of Act 87 of 1992
57
Transitional provisions
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AI-assisted research summary: This section is titled “Transitional provisions.”

57. Transitional provisions
58
Short title and commencement
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AI-assisted research summary: Section 58 is a heading for short title, commencement, schedule, and definitions.

58. Short title and commencement Schedule Deﬁnitions
1
In this Act, unless the context indicates otherwise—
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AI-assisted research summary: This section defines key terms used in the Act and states that the South African Maritime Safety Authority is established as a juristic person.

1. In this Act, unless the context indicates otherwise— (i) (ii) (iii) (iv) (v) (vi) (vii) ‘‘appoint’’ includes reappoint; (i) ‘‘assets’’ means property of any description, and includes both movable and immovable property; (ii) ‘‘Authority’’ means the South African Maritime Safety Authority established by section 2(1); (xvi) ‘‘Board’’ means the Board of the Authority referred to in section 12(1); (xvii) ‘‘borrow’’ includes raising loans or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day-to-day operations of the Authority; (xi) ‘‘Chairperson’’ means the Chairperson of the Board referred to in section 12(1)(a); (xix) ‘‘charge’’ means— (a) a charge for a service or facility provided by the Authority; or (b) a fee or other charge in respect of a matter in relation to which expenses are incurred by the Authority under this Act, including a fee or other charge in respect of, or for an application for— (i) issue, renewal or variation of a certiﬁcate, the grant, licence approval, permission, permit, registration or exemption under a law or an instrument under a law; or the grant or variation of an authorisation, or the cancellation, suspension, variation or imposition of a condition, relating to anything referred to in subparagraph (i); (vii). (ii) (viii) (ix) (x) (xi) (xii) (xiii) ‘‘Chief Executive Officer’’ means the Chief Executive Officer appointed under section 22(1) or (5); (x) ‘‘Department’’ means the Department of Transport; (v) ‘‘Deputy Chairperson’’ means the Deputy Chairperson of the Board referred to in section 12(1)(b); (xiv) ‘‘ﬁnancial year’’ means the period beginning on 1 April of a speciﬁc year and ending on 31 March of the following year; (iv) ‘‘Fund’’ means the Maritime Fund established by section 38(1); (vi) ‘‘levy’’ means a levy imposed under the South African Maritime Safety Authority Levies Act, 1998; (viii) 5 10 15 20 25 30 35 40 45 50 55 8 (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) ‘‘member’’ means a member of the Board referred to in section 12(1); (xii) ‘‘Minister’’ means the Minister of Transport; (xiii) ‘‘officer’’ means a member of the staff of the Authority; (iii) ‘‘prescribe’’ means prescribe by regulation under section 53; (xx) ‘‘regulation’’ means any regulation made under section 53; (xviii) ‘‘this Act’’ includes the regulations and any direction under section 7 or 30; (ix) ‘‘transfer date’’ means the date determined by the Minister under section 2(2). (xv) CHAPTER 1 SOUTH AFRICAN MARITIME SAFETY AUTHORITY Establishment and transfer of certain functions 2. (1) The South African Maritime Safety Authority is hereby established as a juristic person. (2) The administration of the laws mentioned in the ﬁrst column of the Schedule is transferred to the Authority subject to the amendments (if any) contained in the third column of the Schedule, with effect from a date ﬁxed by the Minister by notice in the Gazette which must not be a date before 1 April 1998. Objectives
47
The Minister may delegate all or any of the powers contemplated in sections 31,
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AI-assisted research summary: The Minister may delegate some or all powers listed in sections 31, 32, 35, 36 and 49 to a Department officer.

47. The Minister may delegate all or any of the powers contemplated in sections 31, 32, 35, 36 and 49 to an officer of the Department. Delegation by Authority 5 10 15 20 25 30 35 40
48
The Authority may, by written instrument, delegate all or any of its powers under
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AI-assisted research summary: The Authority may delegate its powers by written instrument, but some powers may be delegated only to an officer.

48. The Authority may, by written instrument, delegate all or any of its powers under this Act or any other law, but the powers under sections 40, 42 and 44(1) may be delegated to an officer only. Substitution of Authority for State in certain contracts, etc.
49
If the Minister so declares in writing, a speciﬁed contract or other instrument to
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AI-assisted research summary: If the Minister makes a written declaration, certain State- or Government-bound contracts or instruments linked to transferred assets are treated as if the Authority had replaced the State or Government.

49. If the Minister so declares in writing, a speciﬁed contract or other instrument to which the State or the Government is bound as a party, and that relates to an asset 45 30 immediately before the transfer of that asset to the Authority under this Act, is regarded after the transfer, to the extent to which the contract or instrument so relates, as if— the State or the Government was replaced as a party by the Authority; and (a) (b) any reference to the State or the Government were, in relation to matters occurring after the transfer, a reference to the Authority. Publication of directions
50
Where the Minister gives a direction under section 7 or 30, the Minister must
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AI-assisted research summary: If the Minister gives a direction under section 7 or 30, the Minister must publish a copy of it in the Gazette within 21 days.

50. Where the Minister gives a direction under section 7 or 30, the Minister must cause a copy of the direction to be published in the Gazette within 21 days after it is given. Marine casualties investigation commission 5 10 51. (1) The Minister may establish an independent commission to receive and evaluate reports on casualties prepared by the Authority in terms of any law referred to in section 2(2). (2) A commission established under subsection (1) reports directly to the Minister. Certain functions of Authority to be performed by Department of State 15 52. (1) The responsibility for matters relating to the combating of pollution mentioned in Marine Notice No. 2 of 1996 issued by the Department on 24 January 1996 as amended from time to time is, for all purposes, regarded as having been assigned to the Department of Environmental Affairs and Tourism by this Act. (2) The Minister may, with the concurrence of the Minister of Environmental Affairs and Tourism, by notice in the Gazette, amend or repeal this section in accordance with the further development of rationalisation policy. Regulations 53. (1) The Minister may make regulations, not inconsistent with this Act— (a) prescribing all matters required or permitted by this Act to be prescribed; (b) prescribing the manner in which and the persons or bodies by whom charges, levies and related penalties are to be collected, and the manner in which security may be furnished for the payment of such charges, levies and related penalties; regulating the detaining of ships for the purposes of section 45; and (c) (d) prescribing all matters necessary or expedient to be prescribed for the better achievement of the objects of this Act. (2) Regulations under subsection (1) may include such incidental, supplementary or transitional provisions as may be reasonably necessary or expedient. Application of Act to Prince Edward Islands
54
This Act also applies to the Prince Edward Islands referred to in section 1 of the
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AI-assisted research summary: This Act also applies to the Prince Edward Islands.

54. This Act also applies to the Prince Edward Islands referred to in section 1 of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948). Amendment of section 1 of Act 105 of 1983, as amended by section 1 of Act 87 of 1992
55
Section 1 of the Admiralty Jurisdiction Regulation Act, 1983, is hereby amended
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AI-assisted research summary: This section amends the definition of “maritime claim” by replacing paragraph (r) with wording covering dock, harbour, or similar dues, and certain charges, levies, or penalties under two specified Acts.

55. Section 1 of the Admiralty Jurisdiction Regulation Act, 1983, is hereby amended by the substitution for paragraph (r) of the deﬁnition of ‘‘maritime claim’’ of the following paragraph: ‘‘(r) dock, harbour or similar dues, and any charge, levy or penalty imposed under the South African Maritime Safety Authority Act, 1998, or the South African Maritime Safety Authority Levies Act, 1998;’’. 20 25 30 35 40 45 32 Amendment of section 11 of Act 105 of 1983, as substituted by section 9 of Act 87 of 1992
56
Section 11 of the Admiralty Jurisdiction Regulation Act, 1983, is hereby amended
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AI-assisted research summary: The Minister may take transitional steps to help transfer functions to the Authority, and must approve the business plan before the transfer date.

56. Section 11 of the Admiralty Jurisdiction Regulation Act, 1983, is hereby amended by the substitution for subparagraph (ii) of paragraph (c) of subsection (4) of the following subparagraph: 5 ‘‘(ii) in respect of port, canal, other waterways or pilotage dues, and any charge, levy or penalty imposed under the South African Maritime Safety Authority Act, 1998, or the South African Maritime Safety Authority Levies Act, 1998;’’. Transitional provisions 57. (1) Despite anything to the contrary in any law contained, the Minister may, during the period from the date on which this section comes into operation to the transfer date, take such steps or authorise such things to be done as may be reasonably necessary to promote— (a) (b) the transfer of functions performed by the Department to the Authority; and the management of the Authority. (2) Despite anything to the contrary in this Act contained, during the period mentioned in subsection (1), the Minister must approve the business plan that will come into operation on the transfer date. Short title and commencement 58. (1) This Act is called the South African Maritime Safety Authority Act, 1998, and comes into operation on a date ﬁxed by the President by proclamation in the Gazette. (2) The amendments contained in the third column of the Schedule take effect on the transfer date. 10 15 20 34 Schedule ADMINISTRATION OF LAWS TRANSFERRED (Section 2(2)) No. and year Title Extent of amendment of law Act 57 of Merchant Shipping
1
The amendment of section 2—
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AI-assisted research summary: This section amends section 2 by adding a definition of “Authority” and replacing several references with “Authority”.

1. The amendment of section 2— 1951 Act, 1951 (a) by the insertion in subsection (1) after the deﬁnition of ‘‘apprentice-officer’’ of the following deﬁnition: ‘‘ ‘Authority’ means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;’’; (b) by the substitution in subsection (1) in the deﬁnition of ‘‘marine notice’’ for the words ‘‘Department of Transport’’ of the word ‘‘Authority’’; (c) by the substitution in subsection (1) in the deﬁnition of ‘‘principal officer’’ for the words ‘‘Marine Division of the Department of Transport’’ of the word ‘‘Authority’’; and (d) by the substitution in subsection (1) in the deﬁnition of ‘‘register tons’’ and ‘‘register tonnage’’ for the word ‘‘Director-General’’ of the word ‘‘Authority’’.
2
The substitution for section 5 of the following section:
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AI-assisted research summary: The Authority is responsible for administering the Act, controls incidental matters, and carries out powers and duties assigned by the Minister.

2. The substitution for section 5 of the following section: ‘‘Authority responsible for administration of Act 5. (1) The [Director-General] Authority shall [subject to the control of the Minister] be responsible for the adminis- tration of this Act, and shall have the control of all matters incidental thereto. (2) The [Director-General] Authority shall, subject to the provisions of this Act or any other law, have such powers and perform such duties as are assigned to [him] it by the Minister. (3) All powers conferred and all duties imposed upon the [Director-General] Authority may be exercised or per- formed by the [Director-General personally] Authority, or by [an officer or organization or, with respect to condi- tions prescribed under section 68(3)(b), by] a person or organization under a delegation from or under the control or direction of the [Director-General] Authority.’’.
3
The amendment of section 12 by the substitution for subsec-
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AI-assisted research summary: The Authority may direct a port officer to require evidence about whether a ship is entitled to be registered as a South African ship when there is doubt about its title.

3. The amendment of section 12 by the substitution for subsec- tion (1) of the following subsection: ‘‘(1) If the [Minister] Authority has reason to believe that there is some doubt as to the title of any ship registered as a South African ship to be so registered, [he] it may direct the proper officer of the port of registry of the ship to require that evidence be given to [his] its satisfaction that the ship is entitled to be registered as a South African ship.’’. 36 No. and year Title Extent of amendment of law
4
The amendment of section 18 by the substitution for subsec-
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AI-assisted research summary: The Authority may order a ship to be surveyed again under the Act if a surveyor’s report or other reason suggests the ship’s tonnage is wrong or does not meet the required standards.

4. The amendment of section 18 by the substitution for subsec- tion (4) of the following subsection: ‘‘(4) If from the report of a surveyor so directed to inspect a ship it appears to the [Minister] Authority that the tonnage of that ship, as so denoted, materially differs from that which would be her tonnage if measured under this Act or that her construction and equipment as regards the said space do not, for the purpose of determining her tonnage conform to the said standards, or if for any reason it appears to the [Minis- ter] Authority that the tonnage of any ship so registered has been erroneously computed, [he] it may order that, notwith- standing any direction for the time being in force under this section, that ship or any ship registered in the country to which the direction relates shall, for all or any of the pur- poses of this Act, be surveyed in accordance with this Act.’’.
5
The substitution for section 31 of the following section:
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AI-assisted research summary: This section substitutes section 31 with a new section titled “Temporary passes in lieu of certificates of registry.”

5. The substitution for section 31 of the following section: ‘‘Temporary passes in lieu of certiﬁcates of registry
31
Whenever by reason of special circumstances it ap-
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AI-assisted research summary: The Authority may let certain eligible ships move without prior registration by issuing a prescribed pass.

31. Whenever by reason of special circumstances it ap- pears desirable to the [Director-General] Authority that per- mission should be granted to a ship which, in terms of this Act, is entitled to be registered in the Republic, or, in terms of the laws in force in any other treaty country is entitled to be registered in that treaty country to proceed to sea without being previously registered, [he] it may authorize the grant- ing of a pass in the prescribed form for the ship to be taken from any port in the Republic to any other port in the Repub- lic or, as the case may be, to any port in that other treaty country, and that pass shall for the time and within the limits therein mentioned be deemed to be a certiﬁcate of registry.’’.
6
The amendment of section 43 by the substitution for subsec-
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AI-assisted research summary: The Authority must publish and serve notice of an application, allow objections within a set period, and then either make the order or refuse it depending on objections and its assessment of the claim.

6. The amendment of section 43 by the substitution for subsec- tions (3), (4) and (5) of the following subsections, respectively: ‘‘(3) Upon any such application being made to [him] it, the [Director-General] Authority shall direct that notice of the application be published in the Gazette and in such news- papers and be served upon such persons as [he] it may deter- mine. The notice shall be in [a] the form approved by the [Director-General] Authority and shall call upon all persons who may object to the order being made to lodge their objec- tions in writing with the [Director-General] Authority within a period determined by [him] it and mentioned in the notice. (4) Upon proof of the due publication and service of the notice, the [Director-General] Authority shall, if no objec- tion in writing has been lodged with [him] it within the pe- riod mentioned in the notice, and if [he] it is satisﬁed of the justice of the applicant’s claim, make the order applied for. 38 No. and year Title Extent of amendment of law (5) If objection in writing is lodged with the [Director- General] Authority within the period mentioned in the no- tice, or if [he] it is not satisﬁed of the justice of the appli- cant’s claim, [he] it shall refuse to make the order.’’.
7
The amendment of section 73 by the substitution for subsec-
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AI-assisted research summary: The Authority may change ship accommodation requirements for certain older ships if a surveyor’s report shows the original requirement would be unreasonable.

7. The amendment of section 73 by the substitution for subsec- tion (3) of the following subsection: ‘‘(3) Whenever the [Minister] Authority is satisﬁed from a report by a surveyor that it would be unreasonable to require the owner of a ship built before the coming into operation of this section to provide the accommodation on board that ship necessary to accommodate the numbers of officers or other persons required to be employed in terms of subsection (1), or in terms of a notice issued under subsection (2), [he] it may vary the requirements of subsection (1) or of that notice in respect of that ship as [he] it deems ﬁt.’’.
8
The amendment of section 77 by the substitution for the pro-
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AI-assisted research summary: The Authority may, in its discretion and subject to conditions, admit certain non-citizens to the examination if they meet the required qualifications.

8. The amendment of section 77 by the substitution for the pro- viso to subsection (2) of the following proviso: ‘‘: Provided that the [Minister] Authority may, in [his] its discretion and subject to any conditions which [he] it may impose, admit to such examination a person who is a citizen of any other country if he possesses either the qualiﬁcations prescribed by regulation or qualiﬁcations which are in the opinion of the [Minister] Authority of a standard not lower than those so prescribed.’’.
9
The amendment of section 79 by the substitution for subsec-
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AI-assisted research summary: The Authority may grant an appropriate certificate of competency to an applicant and may require the earlier certificate to be surrendered before the grant.

9. The amendment of section 79 by the substitution for subsec- tion (2) of the following subsection: ‘‘(2) The [Minister] Authority may grant to the applicant an appropriate certiﬁcate of competency which, in the opin- ion of the [Minister] Authority, testiﬁes to the possession by the holder thereof of qualiﬁcations and a degree of compe- tency not higher than those to which the certiﬁcate, upon the possession of which the application is based, testiﬁes: Pro- vided that before the grant is made the [Minister] Authority may require the last-mentioned certiﬁcate to be surrendered to [him] it.’’.
10
The amendment of section 83 by the substitution for sub-
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AI-assisted research summary: The Authority may allow certain uncertificated people to be engaged on specified ships, if the stated conditions are met.

10. The amendment of section 83 by the substitution for sub- section (2) of the following subsection: ‘‘(2) Notwithstanding the provisions of section 73, the [Minister] Authority may, in [his] its discretion, and for such periods and under such conditions as [he] it may specify, permit the engagement on a South African ship going to sea from any port whatsoever or on a treaty ship other than a South African ship going to sea from a port in the Republic, in lieu of a person duly certiﬁcated under this Act or deemed, in terms of the other provisions of this Act, to be so certiﬁ- cated, of a person who is the holder of such a certiﬁcate of 40 No. and year Title Extent of amendment of law competency or certiﬁcate of service as is referred to in sub- section (1), and who possesses a knowledge of [either] one of the official languages of the Republic sufficient to enable him to give the necessary orders in the performance of his duties; and while any such permission remains in force, and if the conditions under which it was granted are complied with, the person so engaged shall be deemed to be duly cer- tiﬁcated under this Act in respect of such ship, provided his certiﬁcate is of a grade appropriate to his station in such ship, or of a higher grade.’’.
11
The substitution for section 85 of the following section:
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AI-assisted research summary: The authority may vary requirements relating to certificates.

11. The substitution for section 85 of the following section: ‘‘Authority may vary requirements as to certiﬁcates
85
Notwithstanding the provisions of section 73 the
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AI-assisted research summary: The Minister may allow certain ships to sail without the prescribed number of certificated officers or other persons if no suitable certificate holder is available, and only on the conditions the Minister sets.

85. Notwithstanding the provisions of section 73 the [Minister] Authority may, in [his] its discretion and for such periods and under such conditions as [he] it may specify if [he] it is satisﬁed that no suitable holder of a certiﬁcate of the required grade and granted under this Act or referred to in section 83 or 84 or recognized under section 354 is avail- able, permit a South African ship to go to sea from any port whatsoever or a ship other than a South African ship to go to sea from a port in the Republic without the prescribed num- ber of certiﬁcated officers or other persons, and while any such permission remains in force any person who acts in terms thereof shall not, if the conditions under which it was granted are complied with, be deemed to have contravened the provisions of section 73.’’.
12
The amendment of section 87 by the substitution for sub-
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AI-assisted research summary: If the Authority is satisfied, after a medical report, that a certificate holder is unable to perform the duties because of ill-health or a mental or physical defect, it may direct that the holder not be engaged or go to sea in the relevant capacity.

12. The amendment of section 87 by the substitution for sub- section (2) of the following subsection: ‘‘(2) If after consideration of the report on the medical examination the [Minister] Authority is satisﬁed that the person concerned is owing to continued ill-health or mental or physical defect incapable of performing satisfactorily the duties appertaining to his certiﬁcate of competency or ser- vice, [he] it may direct that until [he] it is satisﬁed that the holder of the certiﬁcate has again become capable of per- forming satisfactorily the duties appertaining to the said cer- tiﬁcate, the holder shall not be engaged or go to sea in the capacity referred to in the certiﬁcate or in any other capacity speciﬁed by the [Minister] Authority.’’.
13
The amendment of section 90 by the substitution for sub-
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AI-assisted research summary: A cadet may not be employed on a South African ship unless citizenship and age conditions are met, and the ship’s master must provide or arrange training.

13. The amendment of section 90 by the substitution for sub- section (1) of the following subsection: ‘‘(1) No person shall be employed as a cadet on board any South African ship unless he is a South African citizen or a citizen of a treaty country (other than the Republic) or a citi- zen of any other country whom the [Minister] Authority has in [his] its discretion and subject to any conditions which 42 No. and year Title Extent of amendment of law [he] it may have imposed, permitted to be so employed, and has attained the age of sixteen years and the master of the ship undertakes to train him or cause him to be trained in navigation and seamanship or in engineering and in the du- ties of a ship’s officer.’’.
14
The amendment of section 93 by the substitution for sub-
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AI-assisted research summary: The rule is replaced so that a person may fall within the listed category if they are a South African citizen, a citizen of a treaty country (outside the Republic), or another citizen whom the Authority has permitted to be indentured, and they are at least 16 years old.

14. The amendment of section 93 by the substitution for sub- paragraph (iii) of paragraph (a) of the following subparagraph: ‘‘(iii) is a South African citizen or citizen of a treaty country (other than the Republic) or a citizen of any other country whom the [Minister] Authority has in [his] its discretion and subject to any conditions which [he] it may have imposed, permitted to be indentured, and has attained the age of sixteen years;’’.
15
The amendment of section 111 by the substitution for sub-
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AI-assisted research summary: This amendment allows a young person to be employed on certain work in a school-ship or training-ship if the work is approved by the Authority and supervised by approved or appointed officers.

15. The amendment of section 111 by the substitution for sub- paragraph (i) of paragraph (a) of subsection (1) of the follow- ing subparagraph: ‘‘(i) to the employment of a young person on such work as aforesaid in a school-ship or training-ship, if the work is of a kind approved by the [Minister] Authority and is carried on subject to supervision by officers approved or appointed by [him] it; or’’.
16
The amendment of section 112 by the substitution for para-
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AI-assisted research summary: The Authority must grant an able seaman certificate to a person who proves they served in the specified deck rating on a South African ship before this section started.

16. The amendment of section 112 by the substitution for para- graph (a) of subsection (3) of the following paragraph: ‘‘(a) The [Director-General] Authority shall grant to ev- ery person who produces proof to [his] its satisfaction that he was serving as able seaman or in an equivalent or superior deck rating in a South African ship prior to the coming into operation of this section a certiﬁcate of qualiﬁcation as able seaman.’’.
17
The amendment of section 153 by the substitution for sub-
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AI-assisted research summary: Documents listed in this section, when produced by the Authority, count as sufficient proof that the named seamen and apprentice-officers were on board at the time of the loss.

17. The amendment of section 153 by the substitution for sub- section (4) of the following subsection: ‘‘(4) Any duplicate agreement with the crew delivered to a proper officer in terms of paragraph (c) of section 103 or any statement of a change of the crew transmitted to a proper officer in terms of section 104 at the time of the departure of the ship from the port last visited, and any certiﬁcate pur- porting to be a certiﬁcate issued in terms of section 105(1), stating that certain seamen and apprentice-officers joined the ship at the said port shall, if produced by the [Director-Gen- eral or any person thereto authorized by him] Authority, be taken in the absence of proof to the contrary as sufficient proof that the seamen and apprentice-officers therein named as belonging to the ship were on board at the time of the loss.’’.
18
The amendment of section 158—
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AI-assisted research summary: The Authority may direct that an approved refrigerator be provided instead of a refrigerating chamber, and may exempt a ship from this section if the voyage makes either option unreasonable or unnecessary.

18. The amendment of section 158— (a) by the substitution in subsection (2) for the words preced- ing paragraph (a) of the following words: ‘‘If the [Minister] Authority is satisﬁed—’’; (b) by the substitution in subsection (2) for the words follow- ing on paragraph (b) of the following words: 44 No. and year Title Extent of amendment of law ‘‘[he] it may direct that a refrigerator of a capacity and design approved by [him] it be provided instead of a refrigerating chamber.’’; and (c) by the substitution for subsection (3) of the following sub- section: ‘‘(3) If the [Minister] Authority is satisﬁed that be- cause of the nature and conditions of the projected voy- age of the ship the provision of a refrigerating chamber or a refrigerator would be unreasonable or unnecessary, [he] it may exempt the ship from the provisions of this section.’’.
19
The substitution for sections 192 and 193 of the following
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AI-assisted research summary: This section says sections 192 and 193 are replaced with new sections about issuing safety convention certificates for passenger ships.

19. The substitution for sections 192 and 193 of the following sections, respectively: ‘‘Issue of safety convention certiﬁcates in respect of pas- senger ships
192
If, after consideration of the report of a surveyor, the
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AI-assisted research summary: The Authority must issue a passenger ship safety certificate, and in some cases an exemption certificate too, if the surveyor’s report and the stated compliance or exemption conditions are satisfied.

192. If, after consideration of the report of a surveyor, the [Minister] Authority is satisﬁed— (a) that a passenger ship which, in terms of this Act, is re- quired to be registered is constructed and equipped in accordance with all the requirements of the construction regulations, the life-saving equipment regulations, the radio regulations, the collision regulations and any other regulations which may have been made, which are appli- cable to the ship when plying on international voyages or on short international voyages, [he] it shall cause to be issued in respect of the ship a passenger ship safety cer- tiﬁcate for an international voyage or a short interna- tional voyage, as the case may be; (c) that a passenger ship which, in terms of this Act, is re- quired to be registered is exempt, by virtue of the exer- cise by [him] it of a power conferred on [him] it by the construction regulations, the life-saving equipment regu- lations, the radio regulations, the collision regulations or any other regulations which may have been made, from any of the requirements of the said regulations applicable to the ship when plying on international voyages, or on short international voyages, or when engaged in any spe- cial passenger trade on such voyages, and that she is constructed and equipped in accordance with the remain- ing requirements, [he] it shall cause to be issued in re- spect of the ship an exemption certiﬁcate and a passenger ship safety certiﬁcate. Issue of safety convention certiﬁcates in respect of ships other than passenger ships
193
If, after consideration of the report of a surveyor, the
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AI-assisted research summary: If the Authority is satisfied after a surveyor’s report, it must issue the relevant ship safety or exemption certificates for qualifying non-passenger ships.

193. If, after consideration of the report of a surveyor, the [Minister] Authority is satisﬁed— 46 No. and year Title Extent of amendment of law (1) that a ship (other than a passenger ship) to which the Safety Convention applies and which, in terms of this Act, is required to be registered is constructed and equipped in accordance with all the requirements of the construction regulations, the life-saving equipment regu- lations, the collision regulations and any other regula- tions which may have been made, which are applicable to the ship when plying on international voyages, [he] it shall cause to be issued in respect of that ship— (a) a cargo ship safety construction certiﬁcate relating to the matters applicable to the issue of such a certiﬁ- cate; and (b) a cargo ship safety equipment certiﬁcate relating to the matters applicable to the issue of such a certiﬁ- cate; (2) that a ship (other than a passenger ship) to which the Safety Convention applies and which, in terms of this Act, is required to be registered is exempt, by virtue of the exercise by [him] it of a power conferred on [him] it by the construction regulations, the life-saving equip- ment regulations, the collision regulations or any other regulations which may have been made, from any of the requirements of the said regulations applicable to the ship when plying on international voyages, and that she is constructed and equipped in accordance with the re- maining requirements, [he] it shall cause to be issued in respect of the ship— (a) an exemption certiﬁcate and a cargo ship safety con- struction certiﬁcate if the matters from which the ship is exempt relate to such latter certiﬁcate; and (b) an exemption certiﬁcate and a cargo ship safety equipment certiﬁcate, if the matters from which the ship is exempt relate to such latter certiﬁcate; (3) that a ship (other than a passenger ship) to which the Safety Convention applies and which, in terms of this Act, is required to be registered, is equipped in accor- dance with all the requirements of the radio regulations applicable to the ship when plying on international voy- ages, [he] it shall cause to be issued in respect of the ship a cargo ship safety radio certiﬁcate; (4) that a ship (other than a passenger ship) to which the Safety Convention applies and which, in terms of this Act, is required to be registered is exempt, by virtue of the exercise by [him] it of a power conferred on [him] it by the radio regulations, from any or all of the require- ments of the said regulations applicable to the ship when plying on international voyages, and that she is equipped in accordance with the remaining requirements (if any), [he] it shall cause to be issued in respect of the ship— (a) an exemption certiﬁcate; and 48 No. and year Title Extent of amendment of law (b) in the case of a ship which is not exempt from all the said requirements, a cargo ship safety radio certiﬁ- cate.’’.
20
The amendment of section 194 by the substitution in sub-
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AI-assisted research summary: The Authority must issue a local general safety certificate for a vessel if, after a surveyor’s report, it is satisfied the vessel meets the listed regulations or qualifies under the exemption branch.

20. The amendment of section 194 by the substitution in sub- section (1) for the words preceding subparagraph (i) of para- graph (b) of the following words: ‘‘If, after consideration of the report of a surveyor, the [Director-General] Authority is satisﬁed that a vessel re- ferred to in subsection (2)— (a) is constructed and equipped in accordance with all the requirements of the construction regulations, the life- saving equipment regulations, the radio regulations, the collision regulations and any other regulations which may have been made, which are applicable to the vessel when engaged in the voyages or the operations in which it is intended that she shall be engaged, [he] it shall cause to be issued in respect of the vessel a local general safety certiﬁcate stating that she is so constructed and equipped, and specifying the voyages or the operations in which the vessel is by the certiﬁcate authorized to be engaged; (b) is exempt, by virtue of the exercise by [him] it of a power conferred on [him] it by the regulations referred to in paragraph (a), from any of the requirements of the said regulations and is constructed and equipped in ac- cordance with the remaining requirements, [he] it shall cause to be issued in respect of the vessel—’’.
21
The amendment of section 196 by the substitution for sub-
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AI-assisted research summary: The Authority may issue a memorandum for a passenger ship on an international voyage when the ship carries fewer persons than its safety certificate allows, if the master requests it.

21. The amendment of section 196 by the substitution for sub- section (1) of the following subsection: ‘‘(1) If, on any international voyage, a passenger ship reg- istered in the Republic, in respect of which a safety conven- tion certiﬁcate is in force, has on board a total number of persons less than the number stated in that certiﬁcate to be the number for which the life-saving appliances on the ship provides, the [Director-General or any other person au- thorized by him for the purpose] Authority may, at the re- quest of the master of the ship, issue a memorandum stating the total number of persons carried on the ship on that voy- age, and the consequent modiﬁcation which may be made for the purpose of that voyage in the particulars with respect to life-saving appliances stated in the certiﬁcate, and that memorandum shall be annexed to the certiﬁcate.’’.
22
The amendment of section 197 by the substitution for para-
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AI-assisted research summary: The Authority may extend certain safety certificates, but not cargo ship safety construction certificates.

22. The amendment of section 197 by the substitution for para- graphs (a) and (b) of subsection (3) of the following para- graphs, respectively: ‘‘(a) The Authority may grant an extension of— (i) any safety convention certiﬁcate, except a cargo ship safety construction certiﬁcate; or 50 No. and year Title Extent of amendment of law (ii) any local safety certiﬁcate, issued in respect of any vessel registered or licensed under this Act, for a period not exceeding one month from the date when the certiﬁcate would, but for the extension, have ex- pired, or, if the vessel is absent from the Republic on that date, for a period not exceeding ﬁve months from that date. (b) If any safety convention certiﬁcate, except a cargo ship safety construction certiﬁcate, issued in respect of a ship not registered in the Republic, expires while such ship is in any port in the Republic, the [Minister or any person autho- rized thereto by him] Authority may, for sound reasons, extend such certiﬁcate for any period not exceeding ﬁve months, which extension shall be granted only for the pur- pose of allowing such ship to complete its voyage to the country in which it is registered or is to be inspected.’’.
23
The amendment of section 198 by the substitution in sub-
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AI-assisted research summary: The Authority may order a safety convention certificate or a local safety certificate to be cancelled if it is satisfied, including based on a surveyor’s report or other reason.

23. The amendment of section 198 by the substitution in sub- section (1) for the words preceding paragraph (a) of the follow- ing words: ‘‘The Authority may direct that a safety convention certiﬁ- cate or a local safety certiﬁcate be cancelled, if, by reason of the contents of a report by a surveyor, or for any other rea- son, it is satisﬁed that—’’.
24
The substitution for section 199 of the following section:
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AI-assisted research summary: If an expired or cancelled safety certificate is demanded, the ship’s owner or master must surrender it to the Authority; if they do not, the Authority may detain the ship until the certificate is given up.

24. The substitution for section 199 of the following section: ‘‘Surrender of expired or cancelled safety convention cer- tiﬁcate or local safety certiﬁcate 199. (1) A safety convention certiﬁcate or a local safety certiﬁcate which has expired or has been cancelled shall on demand be surrendered by the owner or master of the ship to the [Director-General or a person nominated by him] Au- thority. (2) If any certiﬁcate required to be surrendered under sub- section (1) is not surrendered, the [Director-General or his nominee who has demanded its surrender] Authority may cause the ship to be detained until the certiﬁcate is surren- dered.’’.
25
The amendment of section 202 by the substitution in sub-
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AI-assisted research summary: The Authority may issue an appropriate safety convention certificate for a ship registered in a country covered by the Safety Convention, if requested by that country’s government and the Authority is satisfied the certificate can properly be issued.

25. The amendment of section 202 by the substitution in sub- section (2) for the ﬁrst sentence of the following sentence: ‘‘The [Minister] Authority may, at the request of the Gov- ernment of a country to which the Safety Convention ap- plies, cause an appropriate safety convention certiﬁcate to be issued in respect of a ship registered in that country, if [he] it is satisﬁed in like manner as in the case of a ship registered in the Republic, that the certiﬁcate can properly be issued: Provided that [he] it may cause the certiﬁcate to be issued if 52 No. and year Title Extent of amendment of law [he] it is satisﬁed that the ship is constructed and equipped in accordance with all the requirements of the construction regulations, the life-saving equipment regulations, the radio regulations and any other regulations which may have been made and which are applicable to the ship and to the voy- ages on which she is to be engaged, in so far as those re- quirements are requirements of the Safety Convention appli- cable as aforesaid, notwithstanding the fact (if it be so) that she is not constructed or equipped in accordance with any requirements of the said regulations that are not applicable requirements of the Safety Convention, and that she is equipped in accordance with the requirements of the colli- sion regulations.’’.
26
The amendment of section 203—
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AI-assisted research summary: The Authority may skip an inspection or refuse recognition of a ship’s certificate if the required conditions are met.

26. The amendment of section 203— (a) by the substitution for subsections (5) and (6) of the fol- lowing subsections, respectively: ‘‘(5) Notwithstanding the provisions of [paragraph (a) of] subsection (3)(a), if the non-South African safety convention certiﬁcate produced in respect of any such ship states the maximum number of persons that the ship is ﬁt to carry, or if in addition to the non-South African safety convention certiﬁcate there is produced a certiﬁ- cate issued by or under the authority of the Government of the country in which the ship is registered stating the maximum number of persons that the ship is ﬁt to carry, and the [Minister] Authority is satisﬁed that that number has been determined substantially in the same manner as it would have been determined in the case of a ship reg- istered in the Republic, [he] it may, if [he] it thinks ﬁt, dispense with any inspection of the ship for the purpose of determining the maximum number of persons that she is ﬁt to carry. (6) If after consideration of the report of a surveyor of an inspection made under [paragraph (b) of] subsection (3)(b), the [Minister] Authority is satisﬁed that a ship in respect of which a non-South African safety convention certiﬁcate has been produced is unseaworthy, [he] it may direct that the said certiﬁcate be not recognized in the Republic, and thereafter the said certiﬁcate shall have no effect in the Republic.’’; and (b) by the substitution in subsection (7) for the proviso of the following proviso: ‘‘Provided that, if, after consideration of the report of a surveyor on an inspection of such ship, the [Director- General] Authority is satisﬁed that she is not in the con- dition of seaworthiness indicated in such certiﬁcate, [he] it may direct that the certiﬁcate be not recognized in the Republic, and thereafter the said certiﬁcate shall have no effect in the Republic.’’. 54 No. and year Title Extent of amendment of law
27
The amendment of section 204 by the substitution in sub-
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AI-assisted research summary: The Authority must issue an unspecified document for a registered load line ship if it is satisfied the ship is exempt under the load line regulations and still meets any remaining requirements.

27. The amendment of section 204 by the substitution in sub- section (1) for the words preceding paragraph (a) of the follow- ing words: ‘‘If, after consideration of the report of a surveyor of his in- spection of a load line ship registered in the Republic, the [Minister (in the case of an international load line ship), or the Director-General (in the case of a local load line ship)] Authority is satisﬁed that the ship is exempt by virtue of the exercise by [him] it of a power conferred on [him] it by the load line regulations, from any or all of the require- ments of the said regulations and that the ship complies with the remaining requirements (if any), the [Minister or the Director-General, as the case may be] Authority shall cause to be issued in respect of that ship—’’.
28
The amendment of section 207—
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AI-assisted research summary: This amendment replaces references to the Minister or Director-General with the Authority for section 207 decisions about load line ships.

28. The amendment of section 207— (a) by the substitution for the words preceding paragraph (a) of the following words: ‘‘If, after consideration of the report of a surveyor of his inspection of a load line ship registered in the Republic, the [Minister (in the case of an international load line ship), or the Director-General (in the case of a local load line ship)] Authority is satisﬁed that—’’; and (b) by the substitution for the words following on paragraph (c) and preceding subparagraph (i) of the following words: ‘‘the [Minister or the Director-General, as the case may be] Authority shall cause to be issued in respect of that ship—’’.
29
The amendment of section 209 by the substitution for sub-
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AI-assisted research summary: The Authority may extend certain load line certificates for ships registered under the Act, subject to a one-month maximum, or up to five months if the ship is absent from the Republic on the expiry date.

29. The amendment of section 209 by the substitution for sub- section (2) of the following subsection: ‘‘(2) The Authority may grant an extension of any interna- tional load line certiﬁcate or of any local load line certiﬁcate, issued in respect of any ship registered under this Act, for a period not exceeding one month from the date when the cer- tiﬁcate would, but for the extension, have expired, or, if the ship is absent from the Republic on that date, for a period not exceeding ﬁve months from that date.’’.
30
The amendment of section 210 by the substitution in sub-
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AI-assisted research summary: The Authority may direct cancellation of an international or local load line certificate if it is satisfied that certain conditions exist.

30. The amendment of section 210 by the substitution in sub- section (1) for the words preceding paragraph (a) of the follow- ing words: ‘‘The Authority may direct that an international load line certiﬁcate or a local load line certiﬁcate be cancelled, if it is satisﬁed that—’’.
31
The substitution for section 211 of the following section:
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AI-assisted research summary: An expired or cancelled load line certificate must be surrendered to the Authority on demand, and the Authority may detain the ship if the certificate is not surrendered.

31. The substitution for section 211 of the following section: ‘‘Surrender of expired or cancelled load line certiﬁcate 211. (1) A load line certiﬁcate which has expired or has 56 No. and year Title Extent of amendment of law been cancelled, shall on demand be surrendered by the owner or master of the ship to the [Director-General or a person nominated by him] Authority. (2) If any certiﬁcate required to be surrendered under sub- section (1) is not surrendered, the [Director-General or his nominee who has demanded its surrender] Authority may cause the ship to be detained until the certiﬁcate is surren- dered.’’.
32
The amendment of section 215 by the substitution in sub-
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AI-assisted research summary: The Authority may issue an international load line convention certificate for a qualifying load line ship, if requested by a relevant foreign government and satisfied the certificate can properly be issued.

32. The amendment of section 215 by the substitution in sub- section (2) for the ﬁrst sentence of the following sentence: ‘‘The [Minister] Authority may, at the request of the Gov- ernment of a country to which the Load Line Convention applies, cause an international load line convention certiﬁ- cate to be issued in respect of a load line ship registered in that country, if [he] it is satisﬁed, in like manner as in the case of a ship registered in the Republic, that the certiﬁcate can properly be issued: Provided that [he] it may cause the certiﬁcate to be issued if [he] it is satisﬁed that the ship is marked with deck lines and load lines in accordance with the requirements of the load line regulations in so far as those requirements are requirements of the Load Line Convention, notwithstanding the fact (if it be so) that she is not marked with deck lines and load lines in accordance with any re- quirements of the said regulations that are not requirements of the Load Line Convention.’’.
33
The amendment of section 217 by the substitution for para-
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AI-assisted research summary: A special load line certificate’s validity depends on the ship’s registration country and voyage type, and the Authority may cancel it if the ship is on international voyages.

33. The amendment of section 217 by the substitution for para- graph (a) of subsection (2) of the following paragraph: ‘‘(a) if a special load line certiﬁcate is issued in respect of a load line ship registered in a country to which the Load Line Convention does not apply, it shall be available in respect of international voyages as well as other voy- ages, but if issued in respect of a load line ship regis- tered in a country to which the Load Line Convention applies, shall only be valid so long as the ship is not plying on international voyages, and shall be endorsed with a statement to that effect, and may be cancelled by the [Minister] Authority if [he] it is satisﬁed that the ship is so plying; and’’.
34
The amendment of section 231 by the substitution for sub-
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AI-assisted research summary: The Authority may refuse to register certain signals and may cancel the registration of any signal at any time.

34. The amendment of section 231 by the substitution for sub- sections (2) and (3) of the following subsections, respectively: ‘‘(2) The [Director-General] Authority may refuse to reg- ister any signals which, in [his] its opinion, cannot easily be distinguished from signals generally used as signals of dis- tress, signals for pilots, signals of urgency, signals prescribed for indicating that a message is about to be sent relating to a danger, or from signals registered in the name of any other person. (3) The [Director-General] Authority may, if [he] it thinks ﬁt, cancel the registration of any signal at any time.’’. 58 No. and year Title Extent of amendment of law
35
The amendment of section 239—
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AI-assisted research summary: This section amends section 239 so the Authority may direct a surveyor to inspect a ship when it suspects a problem, even if certain safety certificates are still valid.

35. The amendment of section 239— (a) by the substitution in subsection (2) for the words preced- ing paragraph (a) of the following words: ‘‘If, by reason of the contents of a report made in terms of subsection (1), or for any other reason, the [Director-Gen- eral] Authority is of the opinion or suspects—’’; and (b) by the substitution in subsection (2) for the words follow- ing on paragraph (c) of the following words: ‘‘[he] it may give special directions for the inspection of the ship by a surveyor, notwithstanding the fact that a safety convention certiﬁcate, a local safety certiﬁcate or a load line certiﬁcate is still in force in respect of that ship.’’.
36
The amendment of section 247 by the substitution for sub-
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AI-assisted research summary: If a detained ship is found not to be unseaworthy, the complainant must pay the inspection expenses; if detention lacked reasonable cause, the Minister must pay the owner compensation for damage caused by the detention.

36. The amendment of section 247 by the substitution for sub- section (1) of the following subsection: ‘‘(1) If, on inspection, it is determined that any ship de- tained under the provisions of section 243 was not an unsea- worthy ship, the expenses incurred in connection with the inspection shall be paid to the [Director-General] Authority by the person making the complaint, and if it be proved that there was not reasonable cause, by reason of the condition of the ship or the act or default of the owner or master, for the detention of the ship, the [Minister] Authority shall [out of moneys made available by Parliament for the purpose] pay to the owner compensation for any damage suffered by him by reason of the detention [or survey].’’.
37
The amendment of section 262 by the substitution for sub-
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AI-assisted research summary: For a foreign ship that cannot be measured under Republic law, the Authority must issue a certificate based on the available evidence and state the ship’s tonnage opinion.

37. The amendment of section 262 by the substitution for sub- section (4) of the following subsection: ‘‘(4) In the case of any foreign ship, which is incapable of being measured under the law of the Republic, the [Minis- ter] Authority shall, after consideration of the available evi- dence concerning the dimensions of the ship, give a certiﬁ- cate [under his hand] stating what would, in [his] its opinion, have been the tonnage of the ship if she had been duly measured according to the law of the Republic; and the tonnage so stated in such certiﬁcate shall, for the purpose of section 261, be deemed to be the tonnage of the ship.’’.
38
The amendment of section 264—
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AI-assisted research summary: The Authority may appoint a competent person to hold a preliminary enquiry and may ask the Director-General of Labour to assign an inspector to assist.

38. The amendment of section 264— (a) by the substitution in subsection (1) for the words preced- ing paragraph (a) of the following words: ‘‘The [Director-General] Authority may in [his] its dis- cretion appoint any competent person to hold a prelimi- nary enquiry—’’; and (b) by the substitution for subsection (2) of the following sub- section: ‘‘(2) The [Director-General] Authority may request the Director-General of Labour to assign a person desig- nated as an inspector under section 28 of the Occupa- 60 No. and year Title Extent of amendment of law tional Health and Safety Act, 1993 (Act No. 85 of 1993), to assist a person appointed under subsection (1) to hold a preliminary enquiry.’’.
39
The amendment of section 282 by the substitution for sub-
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AI-assisted research summary: The Authority may send certain appeals to experts instead of the court when the appeal raises construction, design, scientific difficulty, or an important principle.

39. The amendment of section 282 by the substitution for sub- section (1) of the following subsection: ‘‘ (1) If the [Director-General] Authority is of opinion that an appeal to a court of survey involves a question of construction or design or of scientiﬁc difficulty or an impor- tant principle, [he] it may refer the appeal to one or more experts approved by the Minister and selected by agreement between the [Director-General] Authority and the appellant, or, in default of any such agreement, by the Minister, and thereupon the appeal shall be determined by such experts instead of by the court.’’.
40
The substitution for section 288 of the following section:
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AI-assisted research summary: This section states that section 288 is replaced with a new section about delivery of a Republic certificate that has been cancelled or suspended.

40. The substitution for section 288 of the following section: ‘‘Delivery of Republic certiﬁcate which has been can- celled or suspended
288
A master or member of the crew who is the holder of
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AI-assisted research summary: A master or crew member holding a Republic-issued certificate must hand it over if the certificate has been cancelled or suspended.

288. A master or member of the crew who is the holder of a certiﬁcate issued in the Republic shall, if such certiﬁcate has been cancelled or suspended by the [Minister] Authority or a court of marine enquiry or suspended by a maritime court, deliver his certiﬁcate to the [Minister or] court on demand, or if it is not demanded by the [Minister or] court, to the [Director-General] Authority.’’.
41
The amendment of section 323 by the substitution for sub-
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AI-assisted research summary: This section amends section 323 so the Authority must pay a fine into the Maritime Fund if satisfied misconduct occurred and the fine deduction was proper, or refund the deducted amount to the seaman if not satisfied.

41. The amendment of section 323 by the substitution for sub- section (3) of the following subsection: ‘‘(3) The [Director-General] Authority, if [he] it is satis- ﬁed that any such act of misconduct was committed and that the deduction of a ﬁne was properly made, shall cause the amount of the ﬁne to be paid into the [Consolidated Rev- enue] Maritime Fund established by section 38 of the South African Maritime Safety Authority Act, 1998; and if the [Di- rector-General] Authority is not so satisﬁed, [he] it shall cause the amount deducted to be refunded to the seaman.’’.
42
The amendment of section 324 by the substitution for sub-
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AI-assisted research summary: The Authority may handle certain admitted contraventions summarily, and a person may appeal to the Minister if a penalty over R2 000 is imposed.

42. The amendment of section 324 by the substitution for sub- sections (1) and (2) of the following subsections, respectively: ‘‘(1) If any person— (a) admits to the [Director-General] Authority that he has contravened any provision of this Act, or that he has failed to comply with any such provision with which it was his duty to comply; and (b) agrees to abide by the decision of the [Director-Gen- eral] Authority; and 62 No. and year Title Extent of amendment of law (c) deposits with the [Director-General] Authority such sum as [that officer] may [require] be required of him, but not exceeding the maximum ﬁne which may be im- posed upon a conviction for the contravention or failure in question, the [Director-General] Authority may, after such enquiry as [he] it deems necessary, determine the matter summarily and may, [as penalty] without legal proceedings, order [forfei- ture of] by way of penalty the whole or any part of the said deposit to be forfeited. (2) There shall be a right of appeal to the Minister from a determination or order by the Authority under subsection (1) whereby a penalty exceeding R2 000 is imposed, pro- vided such right is exercised within a period of three months from the date of such determination or order.’’.
43
The amendment of section 325—
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AI-assisted research summary: This section amends section 325 so the Authority may act, and the Director-General may act when the power has been delegated by the Minister.

43. The amendment of section 325— (a) by the substitution for the words preceding paragraph (a) of the following words: ‘‘The [Minister, or the Director-General in cases where the power of release or mitigation of penalties has been delegated to him by the Minister,] Authority may—’’; and (b) by the substitution for the words following on paragraph (b) and preceding the proviso of the following words: ‘‘on such conditions as to [him] it appear proper:’’.
44
The amendment of section 336 by the substitution for sub-
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AI-assisted research summary: If notice under subsection (3) is not given, the owner or interested person may not start legal proceedings against the listed authorities for release of the ship, share, or goods, or merely because of detention, seizure, or forfeiture.

44. The amendment of section 336 by the substitution for sub- section (4) of the following subsection: ‘‘(4) If notice is not given by the owner or interested per- son in terms of subsection (3), no legal proceedings shall thereafter be instituted by him against the State, the Minister, the Authority, the Director-General or any other officer for the release of the ship, share or goods or based merely upon the detention, seizure or forfeiture thereof.’’.
45
The amendment of section 337 by the substitution for sub-
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AI-assisted research summary: The Authority or proper officer may order a ship, share in a ship, or goods to be seized to protect them from damage, destruction, concealment, removal, or rescue.

45. The amendment of section 337 by the substitution for sub- section (1) of the following subsection: ‘‘(1) The [Director-General] Authority or proper officer may, if it or he deems it expedient to do so, in order that any ship, share in a ship or goods in respect of which a notice of detention or of forfeiture has been served in terms of section 335 or 336, or in respect of which it is intended to cause such a notice to be so served, may be secured against dam- age, destruction, concealment, removal or rescue, cause that ship or share or those goods, as the case may be, to be seized by a person thereto authorized [by him in writing under his hand] for the purpose.’’. 64 No. and year Title Extent of amendment of law
46
The substitution for sections 343 and 343bis of the follow-
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AI-assisted research summary: A person must give written notice and wait one month before starting certain proceedings against the State or related officials. The State, Authority, and their officers and employees are exempt from liability for the listed vessel-related losses and injuries in the stated circumstances.

46. The substitution for sections 343 and 343bis of the follow- ing sections, respectively: ‘‘Notice of action against Government or Authority to be given 343. (1) No legal proceedings shall be instituted against the State, the Minister, the Authority, the Director-General or any officer of the State or of the Authority in his capacity as such, for anything done in pursuance of any provision of this Act until one month after delivery of notice in writing. (2) In the notice shall be clearly and explicitly stated the cause of action, the name and address of the person who is to institute proceedings, and the name and address of his attor- ney or agent, if any. Indemniﬁcation of State and Authority and certain per- sons in employ of State and Authority 343bis. Notwithstanding anything to the contrary in any law contained, the State and the Authority and [its] their of- ﬁcers and employees acting in the performance of their [duty] duties shall not be liable for— (a) any loss or damage caused by the death of, or injury to, any person while conveyed in any vessel owned, oper- ated or chartered by the State through its Department of Transport or by the Authority, or while entering or em- barking upon or being in such vessel for the purpose of being conveyed in it, or while being in or alighting from such vessel after having been conveyed in it, if that per- son was so conveyed or to be so conveyed otherwise than in the performance of his [duty] duties as an officer or employee of the State or the Authority and otherwise than for reward; or (b) any loss of or damage to any goods conveyed in such a vessel otherwise than in the interests of the State or the Authority and otherwise than for reward.’’.
47
The amendment of section 344 by the substitution for sub-
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AI-assisted research summary: Claims against the State, the Minister, the Authority, the Director-General, or related officers must be brought within one year from when the right of action first arose, except for causes of action covered by subsection (1) or (2).

47. The amendment of section 344 by the substitution for sub- section (4) of the following subsection: ‘‘(4) The period of extinctive prescription in respect of legal proceedings against the State, the Minister, the Author- ity, the Director-General, or any officer of the State or of the Authority in his capacity as such, on a cause of action arising out of the provisions of this Act, other than a cause of action referred to in subsection (1) or (2), shall be one year, and shall begin to run on the date when the right of action ﬁrst arose.’’.
48
The substitution—
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AI-assisted research summary: This section replaces the words “Director-General” and “Minister” with “Authority” in the affected law, subject to listed exceptions.

48. The substitution— (a) for the word ‘‘Director-General’’ wherever it occurs of the word ‘‘Authority’’, except in the deﬁnition of ‘‘Director- 66 No. and year Title Extent of amendment of law General’’ in section 2(1), and in sections 343 and 344; and (b) for the word ‘‘Minister’’ wherever it occurs of the word ‘‘Authority’’, except in the deﬁnitions of ‘‘Minister’’ and ‘‘safety standard’’ in section 2(1), and in sections 3, 4, 5, 6, 13, 18(1) and (2), 72A, 73(2), 74(1), 84(1), 102, 180(1), 218, 264(2), 266, 267, 268, 275, 276, 277, 282, 290, 291, 324, 325, 327, 336, 343, 344, 353, 354, 356, 356bis, 356ter and 356quat. Act 2 of 1981 Marine Traffic Act,
49
The amendment of section 1—
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AI-assisted research summary: This section updates the definition of “Authority” and replaces the definition of “authorized person.”

49. The amendment of section 1— 1981 (a) by the insertion before the deﬁnition of ‘‘authorized per- son’’ of the following deﬁnition: ‘‘ ‘Authority’ means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;’’; and (b) by the substitution for the deﬁnition of ‘‘authorized person’’ of the following deﬁnition: ‘‘ ‘authorized person’ means— (a) any officer as deﬁned in section 1(1) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), designated by the Minister; (b) any officer of the South African Navy; (c) any member of the South African Police Service above the rank of sergeant; (d) any officer of the Authority; (e) any member of the South African National Defence Force above the rank of sergeant employed on po- lice duties in terms of section 3(2)(b) of the Defence Act, 1957 (Act No. 44 of 1957); (f) any person accompanying any person referred to in paragraph (a), (b), (c), (d) or (e) and acting under his instructions;’’.
50
The amendment of section 5 by the substitution for subsec-
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AI-assisted research summary: The Authority may require the ship’s master or owner to provide security in an amount set by the Authority.

50. The amendment of section 5 by the substitution for subsec- tion (2) of the following subsection: ‘‘(2) The [Minister] Authority may require the master or owner of a ship immobilized or laid-up or to be immobilized or laid-up to ﬁnd security to the satisfaction of the [Director- General] Authority in an amount determined by [the Direc- tor-General] it for the recovery of any costs incurred by the [Minister] Authority in enforcing any condition applicable to the immobilizing or laying-up of the ship, or in the exercise of [his] its powers under this Act.’’.
51
The amendment of section 9—
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AI-assisted research summary: The Authority may require a ship’s master to act, detain a ship and cargo for up to 7 days (or longer if a court allows), release it, or order seizure and disposal.

51. The amendment of section 9— (a) by the substitution in subsection (1) for the words preced- ing paragraph (a) of the following words: ‘‘The [Minister] Authority may require the master of a ship of which the passage is in terms of section 8 68 No. and year Title Extent of amendment of law deemed to be not innocent or is believed by [him] the Authority to be not innocent—’’; and (b) by the substitution for subsections (3), (4) and (5) of the following subsections, respectively: ‘‘(3) If the [Minister] Authority is satisﬁed that the passage of the ship is not innocent, [he] it may cause the ship and its cargo or part thereof, or the ship or its cargo or part thereof, to be detained on such conditions as may be prescribed by regulation, for a period not exceeding seven days or such further period as an order of a division of the Supreme Court of South Africa may authorize. (4) The [Minister] Authority may, in respect of the ship and its cargo or part thereof detained in terms of subsection (3)— (a) cause the ship and cargo or part thereof to be re- leased from such detention; (b) subject to any order referred to in subsection (3), cause the ship and cargo or part thereof, or the ship or cargo or part thereof to be seized and dealt with in such manner as may be directed by [him] it. (5) If the ship and cargo or part thereof, or the ship or cargo or part thereof, is sold by virtue of the provi- sions of subsection (4)(b), the proceeds of such sale shall be paid into the [National Revenue] Maritime Fund established by section 38 of the South African Maritime Safety Authority Act, 1998.’’.
52
The amendment of section 11 by the substitution for sub-
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AI-assisted research summary: The Authority may summarily deal with an admitted offence-related contravention, take a deposit, and forfeit all or part of it as a penalty; if the penalty exceeds R2 000, there is an appeal to the Minister within three months.

52. The amendment of section 11 by the substitution for sub- sections (2) and (3) of the following subsections, respectively: ‘‘(2) If any person— (a) admits to the [Director-General] Authority that he has contravened or failed to comply with any provision of this Act, which contravention or failure constitutes an offence; (b) agrees to abide by the decision of the [Director-Gen- eral] Authority; and (c) deposits with the [Director-General] Authority such sum as [that officer] may [require] be required of him, but not exceeding the maximum ﬁne which may be im- posed upon a conviction for the contravention or failure in question, the [Director-General] Authority may, after such enquiry as [he] it deems necessary, determine the matter summarily and may, without legal proceedings, order by way of penalty the whole or any part of the said deposit to be forfeited [by way of a ﬁne]. (3) There shall be a right of appeal to the Minister from a determination or order by the [Director-General] Authority under subsection (2) whereby a [ﬁne] penalty exceeding R2 000 is imposed, provided such right is exercised within a period of three months from the date of such determination or order.’’. 70 No. and year Title Extent of amendment of law
53
The substitution for section 13 of the following section:
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AI-assisted research summary: This section substitutes section 13 with a new section titled “Limitation of liability.”

53. The substitution for section 13 of the following section: ‘‘Limitation of liability
13
Any person in the service or acting on the authority
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AI-assisted research summary: Certain people acting for the State, the Authority, or under this Act are not liable for loss or damage caused by acts or omissions done in good faith under the Act.

13. Any person in the service or acting on the authority of the State or the Authority or any other person exercis- ing any power under this Act shall not be liable in respect of any loss or damage resulting from anything done or not done in good faith in terms of the provisions of this Act.’’.
54
The substitution for the word ‘‘Minister’’ wherever it
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AI-assisted research summary: This section replaces the word “Minister” with “Authority” wherever it appears, with listed exceptions.

54. The substitution for the word ‘‘Minister’’ wherever it occurs of the word ‘‘Authority’’, except in the deﬁnitions of ‘‘Minister’’ and ‘‘safety zone’’ in section 1, and in sections 7, 8C, 11(3), 12, 14, 15 and 16. Act 6 of 1981 Marine Pollution
55
The amendment of section 1 by the insertion in subsection
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AI-assisted research summary: This section amends the definition section by inserting a definition of “Authority”.

55. The amendment of section 1 by the insertion in subsection (Control and Civil (1) after the deﬁnition of ‘‘area of the Republic’’ of the follow- Liability) Act, 1981 ing deﬁnition: ‘‘ ‘Authority’ means the South African Maritime Safety Au- thority established by section 2 of the South African Mari- time Safety Authority Act, 1998;’’.
56
The amendment of section 4—
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AI-assisted research summary: This section amends section 4 so the Authority may direct how and when compliance must happen, and may cause steps to be taken when compliance is not feasible or its existing powers are inadequate.

56. The amendment of section 4— (a) by the substitution in paragraph (a) of subsection (1) for the words following on subparagraph (iii) and preceding paragraph (b) of the following words: ‘‘in such manner and within such period as the [Minis- ter] Authority may direct [if he deems ﬁt to do so];’’; and (b) by the substitution for paragraph (a) of subsection (2) of the following paragraph: ‘‘(a) If, in the opinion of the [Minister] Authority, the master and the owner of the ship or tanker in ques- tion are or would be incapable of complying with a re- quirement made or contemplated in terms of subsection (1) or could not reasonably be expected to comply with such requirement, or the powers conferred upon the [Minister] Authority by subsection (1) are inadequate for the purpose contemplated in that subsection, the [Minister] Authority may cause any such steps to be taken as [he] it has power to require to be taken in terms of the said subsection.’’.
57
The amendment of section 5—
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AI-assisted research summary: This section amends section 5 to let the Authority take pollution-prevention measures, order persons to act, and start a cost investigation.

57. The amendment of section 5— (a) by the substitution for subsection (1) of the following sub- section: ‘‘(1) If in the opinion of the [Minister] Authority a harmful substance is likely to be discharged from a ship or a tanker [he] it may take such measures, including the destruction, burning or disposal in any other manner of the harmful substance in such ship or tanker, as [he] it may deem ﬁt to guard against or to prevent pollution of the sea by such harmful substance.’’; 72 No. and year Title Extent of amendment of law (b) by the substitution in subsection (3) for the words preced- ing paragraph (a) of the following words: ‘‘If the [Minister] Authority takes measures under subsection (1) or causes any pollution to be removed under subsection (2), [he] it may order any person who—’’; and (c) by the substitution for subsection (6) of the following sub- section: ‘‘(6) The [Minister] Authority may institute, through an independent chartered accountant designated by [him] it for that purpose, a cost investigation in connec- tion with any goods or service in respect of which an order has been issued by [him] it under subsection (3).’’.
58
The amendment of section 10 by the substitution for sub-
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AI-assisted research summary: Certain people acting for the State or the Authority are protected from liability for losses linked to specified pollution-response work, except for wilful acts or omissions.

58. The amendment of section 10 by the substitution for sub- sections (4), (5) and (6) of the following subsections, respec- tively: ‘‘(4) Any person in the service or acting on the authority of the State or the Authority or any person engaged in terms of section 27(1) read with section 4(2)(a) or section 22(1), as the case may be, to perform any act required to be performed in terms of section 4(1), shall not be liable (except in the case of any wilful act or omission on the part of any such person) to any person for any loss of or damage to any ship, tanker or offshore installation or, in the case of such ship or tanker, its cargo or [oil] harmful substances, caused by or arising out of or in any manner connected with the perform- ance of such act. (5) If by virtue of the provisions of section 5 measures are being taken to guard against, prevent or remove pollution of the sea by a harmful substance in the prohibited area, any person in the service or acting on the authority of the State or the Authority, any officer of or member of the crew of any vessel employed in the taking of such measures, the em- ployer of such officer or member, or the owner of such ves- sel, shall not be liable (except in the case of any wilful act or omission on the part of any such person, officer, member, employer or owner) to any person for any loss of or damage to any ship, tanker or offshore installation in the said area, or, in the case of such ship or tanker, its cargo or harmful sub- stances, caused by or arising out of or in any manner con- nected with the taking of such measures. (6) Any person in the service or acting on the authority of the State or the Authority or any person engaged in terms of section 27(1) read with section 4(2)(a) or section 22(1), as the case may be, to perform any act required to be performed in terms of section 4(1), shall not be liable (except in the case of any wilful act or omission on the part of any such person) for any loss or damage suffered or costs incurred by any person as a result of any measures taken, or as a result of 74 No. and year Title Extent of amendment of law any measures not having been taken, in terms of this Act, to prevent or remove pollution of the sea by a harmful sub- stance.’’.
59
The amendment of section 14—
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AI-assisted research summary: The Authority must issue a tanker certificate if insurance or financial security is in place, and may refuse or cancel it if doubts arise.

59. The amendment of section 14— (a) by the substitution for subsections (2) and (3) of the fol- lowing subsections, respectively: ‘‘(2) If, on an application referred to in subsection (1), the [Director-General] Authority is satisﬁed that there will be in force in respect of the tanker in ques- tion, throughout the period for which the certiﬁcate is to be issued, a contract of insurance or other ﬁnancial se- curity for an amount contemplated in section 13(1), [he] it shall issue to the applicant such certiﬁcate in the pre- scribed form. (3) If, on such an application, the [Director-Gen- eral] Authority is of the opinion that a doubt exists as to whether the person providing the insurance or other ﬁnancial security will be able to meet his obligations under the relevant contract, or as to whether the insur- ance or other ﬁnancial security in question will in all circumstances cover the owner’s liability for any loss, damage or costs which may become payable by him in terms of the provisions of section 9(1), [he] it may refuse to issue a certiﬁcate.’’; (b) by the substitution for paragraph (a) of subsection (4) of the following paragraph: ‘‘(a) If at any time after the issue of a certiﬁcate in terms of this section the [Director-General] Authority is of the opinion that due to a change in the circum- stances a doubt of the nature contemplated in subsection (3) has arisen, [he] it may cancel such certiﬁcate and shall upon such cancellation immediately notify the owner of the tanker in question and the person provid- ing the insurance or other ﬁnancial security thereof.’’; and (c) by the substitution for subsections (5) and (6) of the follow- ing subsections, respectively: ‘‘(5) The [Director-General] Authority shall send a copy of every certiﬁcate issued by [him] it and a copy of every notice of cancellation in terms of subsection (4) to every principal officer, who shall hold such copies available for public inspection. (6) Whenever a certiﬁcate is cancelled in terms of subsection (4) the person to whom the certiﬁcate was issued shall at the request of the [Director-General] Authority return such certiﬁcate to [him] it within a period of thirty days as from the date of such request.’’.
60
The substitution for section 16 of the following section:
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AI-assisted research summary: This section substitutes a new section 16 about a ship, tanker, or offshore installation owner depositing an amount or furnishing a guarantee for certain costs.

60. The substitution for section 16 of the following section: 76 No. and year Title Extent of amendment of law ‘‘Depositing of amount or furnishing of guarantee by owner of ship, tanker or offshore installation in respect of certain costs
16
If an amount has in terms of the provisions of
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AI-assisted research summary: If specified amounts become payable, the owner must either deposit an amount with the Authority or provide a written guarantee acceptable to the Authority.

16. If an amount has in terms of the provisions of section 9(1)(b) become payable by the owner of a ship, a tanker to which the provisions of section 13(1) do not apply or an offshore installation in respect of costs re- ferred to in section 9(1)(b), or if the [Director-General] Authority believes, on reasonable grounds, that an amount may become so payable, such owner shall either deposit with the [Director-General] Authority an amount, or furnish the [Director-General] Authority with a written guarantee, acceptable to [him] it, for the payment of an amount deemed by the [Director-Gen- eral] Authority to be sufficient to satisfy the amount which has or may become so payable by the said owner.’’.
61
The amendment of section 17—
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AI-assisted research summary: The Authority may refund deposited amounts or reduce guaranteed amounts if it is satisfied the money is not needed for costs and there will be no oil pollution.

61. The amendment of section 17— (a) by the substitution in subsection (1) for the words preced- ing paragraph (a) of the following words: ‘‘If the [Director-General] Authority is satisﬁed that no amount in respect of costs referred to in section 9(1)(b) is, or will become, payable in terms of the provisions of that section by an owner referred to in section 16 and that no pollution or further pollution of the sea by oil will be caused by the ship, tanker or offshore installa- tion in question, [he] it shall—’’; and (b) by the substitution for subsection (2) of the following sub- section: ‘‘(2) The [Director-General] Authority may at any time refund so much of any amount deposited in terms of section 16, or, as the case may be, agree to a reduc- tion of any amount guaranteed in terms of the said sec- tion by so much, as, in [his] its opinion, is not required to satisfy any costs referred to in section 9(1)(b).’’.
62
The amendment of section 18 by the substitution for the
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AI-assisted research summary: Section 18 is amended by replacing the last occurrence of “Minister” with “Authority”.

62. The amendment of section 18 by the substitution for the word ‘‘Minister’’ where it last occurs of the word ‘‘Authority’’.
63
The amendment of section 21 by the substitution for sub-
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AI-assisted research summary: The Authority may attach conditions when granting permission for acts covered by subsection (1).

63. The amendment of section 21 by the substitution for sub- section (2) of the following subsection: ‘‘(2) In giving [his] its permission for the perfor- mance of any act referred to in subsection (1), the [Minister] Authority may impose any conditions sub- ject to which such act shall be performed, and such con- ditions may include the obligation to obtain the services of one or more tugs, spray boats or other vessels to stand by during a period determined by the [Minister] Authority.’’. 78 No. and year Title Extent of amendment of law
64
The substitution for sections 26 and 27 of the following
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AI-assisted research summary: The Minister and the Authority are given powers to hire staff, create bodies and patrol services, and take pollution-prevention or removal steps, subject to stated legal limits.

64. The substitution for sections 26 and 27 of the following sections, respectively: ‘‘Income and expenditure 26. (1) There shall be paid into the National Revenue Fund— (a) any amount deposited in terms of section 16 representing a sum deemed to be sufficient in terms of section 9(2)(b)(ii); and (b) any other money which may become payable to the State by virtue of the provisions of this Act. (2) Expenses incurred— (a) to undertake or promote the research determined by the Minister, on any matter which, in the opinion of the Minister, is connected with the pollution of the sea by harmful substances; (b) when the Minister deems it necessary or expedient in the public interest, for defraying expenditure incurred in preventing or removing the pollution of the sea by harm- ful substances in or discharged from ships, tankers or offshore installations and in connection with matters in- cidental thereto; (c) for the payment of remuneration and allowances of per- sons engaged in terms of section 27(1) and persons re- ferred to in section 27(3)(b); (d) for the defraying of expenses incurred in removing, or in taking steps to prevent, pollution of the sea by harmful substances, in terms of section 27(6); (e) for the hire or purchase of equipment, buildings, machin- ery and accessories, apparatus, seagoing vessels, ve- hicles, aircraft and any other movable or immovable property deemed by the Minister to be necessary for or conducive to the achievement of the objects of this Act; (f) for the defraying of expenses incurred in the instruction of officers of the State and other persons in connection with pollution of the sea by harmful substances and in the training of such officers and persons in the prevention and removal of such pollution and in activities incidental thereto; (g) for any purpose connected with the performance by the Authority of its functions in terms of the provisions of this Act, shall be defrayed out of money appropriated by Parliament for such purpose: Provided that, for the purposes of para- graph (b), the defraying of expenditure incurred in prevent- ing or removing pollution of the sea by harmful substances in or discharged from any ship, tanker or offshore installation shall not exempt the owner of such ship, tanker or offshore installation from liability under this Act for payment of such expenditure. 80 No. and year Title Extent of amendment of law (3) There shall be paid to the Authority— (a) any amount deposited in terms of section 16 other than a sum deemed to be sufficient in terms of section 9(2)(b)(ii); (b) the proceeds of the realisation of any goods, property or assets in terms of section 19; (c) all money paid to or recovered by the Authority in conse- quence of a removal in terms of section 27(6); and (d) any other money which may become payable to the Au- thority by virtue of the provisions of this Act. Sundry powers 27. (1) The Minister may, subject to the laws governing the public service, engage as many persons as he may deem neces- sary to perform such functions as may be required to be per- formed in order to carry out the provisions of this Act. (2) If a person who is or was employed by virtue of the pro- visions of subsection (1) caused the State any loss or damage because he— (a) is or was responsible for a deﬁciency in money in the Na- tional Revenue Fund, or for the destruction of, or damage to, any property acquired with money from the National Revenue Fund or any other State property; (b) due to any wilful act or omission on his part, is or was responsible for any claim necessitating any payment from the National Revenue Fund, such loss or damage may be recovered from such person in the prescribed manner. (3) (a) The Minister may establish such bodies as he may deem necessary to assist him in carrying out the provisions of this Act. (b) The remuneration and other conditions of service of persons serving on any body contemplated in paragraph (a) shall from time to time be determined by the Minister with the concurrence of the Minister of Finance. (4) The Minister may establish and maintain a patrol service by means of boats, ships and aircraft to patrol the prohibited area with a view to combating pollution of the sea by harmful substances. (5) The Minister and the Authority may do all such other things as are incidental or conducive to the performance of his or its functions in terms of this Act. (6) The Minister and the Authority may cause steps not in conﬂict with the Marine Pollution (Intervention) Act, 1987 (Act No. 64 of 1987), to be taken to remove or pre- vent pollution of the sea by harmful substances outside the prohibited area in such circumstances and on such condi- tions as he or it may deem ﬁt.’’. 82 No. and year Title Extent of amendment of law
65
The amendment of section 29 by the substitution for the
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AI-assisted research summary: This section amends section 29 by replacing wording to add “the Authority” alongside “the Director-General.”

65. The amendment of section 29 by the substitution for the words ‘‘as well as the Director-General’’ of the words ‘‘, the Director-General and the Authority’’.
66
The amendment of section 30 by the substitution for sub-
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AI-assisted research summary: If a person admits a contravention or failure, agrees to the Authority’s decision, and deposits a required sum, the Authority may decide the matter summarily and forfeit all or part of that deposit as a penalty.

66. The amendment of section 30 by the substitution for sub- section (3) of the following subsection: ‘‘(3) If any person— (a) admits to the [Director-General] Authority that he has contravened any provision of this Act, or that he has failed to comply with any such provision with which it was his duty to comply; (b) agrees to abide by the decision of the [Director-Gen- eral] Authority; and (c) deposits with the [Director-General] Authority such sum as [that officer] may [require] be required of him, but not exceeding the maximum ﬁne which may be imposed upon a conviction for the contravention or failure in question, the [Director-General] Authority may, after such enquiry as [he] it deems necessary, determine the matter summarily and may, without legal proceedings, order by way of penalty the whole or any part of the said deposit to be forfeited.’’.
67
The substitution—
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AI-assisted research summary: This section substitutes the word “Authority” for certain references to “Director-General,” “Marine Division of the Department of Transport,” and “Minister,” subject to listed exceptions.

67. The substitution— (a) for the word ‘‘Director-General’’ wherever it occurs of the word ‘‘Authority’’, except in sections 1, 9 and 29; (b) for the words ‘‘Marine Division of the Department of Transport’’ wherever they occur of the word ‘‘Authority’’; and (c) for the word ‘‘Minister’’ wherever it occurs of the word ‘‘Authority’’, except in sections 1, 9(2)(b) and (5)(b), 18, 24, 25, 26, 27, 28, 29 and 30(4). None.
68
The amendment of section 1 by the insertion before the
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AI-assisted research summary: This section adds a definition of “Authority” for the Act.

68. The amendment of section 1 by the insertion before the deﬁnition of ‘‘Convention’’ of the following deﬁnition: ‘‘ ‘Authority’ means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;’’.
69
The amendment of section 2 by the substitution for para-
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AI-assisted research summary: This section amends an interpretation rule so that certain references are read as including the Authority, or a person acting on its authority, for South African ships or the Republic.

69. The amendment of section 2 by the substitution for para- graph (b) of subsection (2) of the following paragraph: ‘‘(b) to the Administration or Government shall, in relation to a South African ship or the Republic, be construed as, or as including, a reference to the [Minister] Au- thority or any person acting on [his or her] its author- ity.’’. Act 1 of 1986 Act 2 of 1986 Carriage of Goods by Sea Act, 1986 Marine Pollution (Prevention of Pollution from Ships) Act, 1986 84 No. and year Title Extent of amendment of law
70
The amendment of section 3A by the substitution for sub-
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AI-assisted research summary: A person who admits an offence and agrees to the Authority’s decision may have to deposit a sum, and the Authority may decide the matter summarily and forfeit the deposit. There is also a right of appeal to the Minister if the penalty exceeds R10 000, but it must be used within 3 months.

70. The amendment of section 3A by the substitution for sub- sections (5) and (6) of the following subsections, respectively: ‘‘(5) If any person— (a) admits to the [Director-General] Authority that he or she has contravened or failed to comply with any provi- sion of this Act or the Convention, which contravention or failure constitutes an offence under this Act; (b) agrees to abide by the decision of the [Director-Gen- eral] Authority; and (c) deposits with the [Director-General] Authority such sum as [that officer] may [require] be required of him or her, but not exceeding the maximum ﬁne which may be imposed for a conviction for the contravention or fail- ure in question, the [Director-General] Authority may, after such enquiry as [he or she] it deems necessary, determine the matter sum- marily and may, without legal proceedings, order by way of penalty the whole or any part of the said deposit to be for- feited [to the State by way of a penalty]. (6) There shall be a right of appeal to the Minister from a determination or order by the [Director-General] Authority under subsection (5) whereby a penalty exceeding R10 000 is imposed [under subsection (5)], provided such right is exercised within a period of three months from the date of such determination or order.’’. Act 64 of Marine Pollution (In-
71
The amendment of section 1 by the insertion before the
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AI-assisted research summary: This section amends section 1 by inserting a definition of “Authority” to mean the South African Maritime Safety Authority.

71. The amendment of section 1 by the insertion before the 1987 tervention) Act, 1987 deﬁnition of ‘‘Convention’’ of the following deﬁnition: ‘‘ ‘Authority’ means the South African Maritime Safety Au- thority established by section 2 of the South African Mari- time Safety Authority Act, 1998;’’.
72
The amendment of section 2 by the substitution in subsec-
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AI-assisted research summary: This section amends section 2(3) by replacing a reference to the Minister of Transport or an authorised officer with the word “Authority”.

72. The amendment of section 2 by the substitution in subsec- tion (3) for the words ‘‘Minister of Transport or any ofﬁcer of the Department of Transport acting on the authority of that Minister’’ of the word ‘‘Authority’’. Act 15 of 1994 Maritime Zones Act, 1994 None. Act 94 of Wreck and Salvage
73
The amendment of section 1 by the insertion before the
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AI-assisted research summary: This section defines “Authority” as the South African Maritime Safety Authority.

73. The amendment of section 1 by the insertion before the 1996 Act, 1996 deﬁnition of ‘‘Convention’’ of the following deﬁnition: ‘‘ ‘Authority’ means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;’’.
74
The substitution for section 18 of the following section:
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AI-assisted research summary: The Authority may direct the master or owner of a wrecked, stranded, or distressed ship to move it or do specified acts, and may take further action if they do not comply.

74. The substitution for section 18 of the following section: 86 No. and year Title Extent of amendment of law ‘‘Powers of Authority in respect of certain wrecks and ships 18. (1) (a) When a ship is wrecked, stranded or in dis- tress, the [Minister] Authority may direct the master or owner of such ship, or both such master and such owner, either orally or in writing to move such ship to a place speci- ﬁed by the [Minister] Authority or to perform such acts in respect of such ship as may be speciﬁed by the [Minister] Authority. (b) If the master or owner of a ship referred to in para- graph (a) fails to perform within the time speciﬁed by the [Minister] Authority any act which he or she has in terms of that paragraph been required to perform, the [Minister] Au- thority may cause such act to be performed. (2) The [Minister] Authority may, notwithstanding the provisions of subsection (1), cause any wreck or any wrecked, stranded or abandoned ship or any part thereof to be raised, removed or destroyed or dealt with in such a man- ner as [he or she] it may deem ﬁt, if [he or she] it has not been able to contact the master or the owner of the said wreck, ship or part thereof. (3) If the [Minister] Authority incurs any expenses in connection with the exercise of any power in terms of sub- section (1)(b) or (2), [he or she] it may recover such ex- penses from the owner of the wreck or ship in question or, in the case of an abandoned wreck or ship, from the person who was the owner thereof at the time of the abandonment. (4) If the [Minister] Authority incurred or will incur any expenses in connection with the exercise of any power in terms of subsection (1)(b) or (2) in respect of any wreck or ship, [he or she] it may cause any goods to be removed from such wreck or ship. (5) The [Minister] Authority may— (a) sell any wreck or ship in respect of which any power has been exercised in terms of subsection (1)(b) or (2), any part of such wreck or ship and any goods removed there- from in terms of subsection (4) and apply the proceeds of the sale towards the defrayal of any expenses incurred in connection with the exercise of such power; or (b) cause any such wreck, ship or goods to be detained until security to the satisfaction of the [Minister] Authority has been given for the payment of such expenses. (6) If any wreck, ship or goods are sold in terms of sub- section (5) and the proceeds of the sale exceed the amount of the expenses referred to in that subsection, the surplus shall be paid to the owner of the wreck, ship or goods in question after deducting therefrom the amount of any duty payable in respect of such wreck, ship or goods in terms of the Customs and Excise Act, 1964. (7) The [Minister] Authority, or any person acting under the authority of the [Minister] Authority, shall not be liable in respect of anything done in good faith in terms of the pro- visions of this section.’’.

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South African Maritime Safety Authority Act

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Provisions of South African Maritime Safety Authority Act

ARRANGEMENT OF SECTIONS

CHAPTER 1

Part 1

Part 2

CHAPTER 3

CHAPTER 5

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