Ship Registration Act

Updated 22 May, 2003

SHIP REGISTRATION ACT
(Part 2 — Schedules)

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Schedule 1
PRIVATE LAW PROVISIONS FOR REGISTERED SHIPS

(Section 31(4))

1. Definitions

In this Schedule --

(a) "bill of sale" means a bill of sale referred to in item 3; and

(b) "ship" means a registered ship.

2. General

(1) No record of any interest in a ship or in a share in a ship, other than by way of ownership or mortgage, may be made in the Register and, subject to this Act and to any rights and powers appearing in the Register to be vested in any other person, the right of an owner of a ship or of a share in a ship to dispose of the ship or share is not affected by this Act.

(2) Subject to subitem (1), any beneficial interest may be enforced by or against the owner or mortgagee of a ship or of a share in a ship in respect of his or her interest in the ship or share in the same manner as in the case of any other movable property, or as permitted by law.

3. Transfer of ship

(1) Subject to item 4, a ship or a share in a ship is transferred by registration of a bill of sale made in the prescribed form, unless the transfer will result in the ship ceasing to be entitled to be registered.

(2) The transferee under a bill of sale contemplated in subitem (1) may not be registered as the owner of the ship or share unless --

(a) he or she has lodged the prescribed application with the Registrar; and

(b) the Registrar is satisfied that the ship continues to be entitled to be registered and that he or she would not refuse to register the ship in terms of this Act.

(3) If an application in terms of subitem (2) is granted by the Registrar, the Registrar must register the bill of sale by entering in the Register the name of the transferee as owner of the ship or share and must endorse on the bill of sale that such entry has been made, with the date and time of entry.

(4) Bills of sale lodged in terms of this item must be registered in the order of their lodgment.

4. Transmission by operation of law

(1) Where any interest in a ship or a share in a ship is transmitted to a person by any lawful means other than by a transfer in terms of item 3 and the ship continues to be entitled to be registered, that person must make a declaration of transmission in the prescribed form and must lodge that declaration, together with the evidence of the transmission that may be prescribed, with the Registrar within 14 days of that transmission taking place or within the further period that the Registrar may allow in special circumstances.

(2) If the Registrar is satisfied that the ship continues to be entitled to be registered and that he or she would not refuse to register the ship in terms of this Act, the Registrar must thereupon enter in the Register the name of that person as owner of the ship or share.

5. Order for sale on transmission where ship ceases to be entitled to be registered

(1) Where any interest in a ship or share in a ship is transmitted to a person by any lawful means other than by a transfer in terms of item 3, but as a result thereof the ship is no longer entitled to be registered, the Authority may, on application by or on behalf of that person, order a sale of the property so transmitted and direct that the proceeds of the sale, after deducting the expenses of the sale, be paid to that person.

(2) If an application is made to the Authority in terms of subitem (1), it must cause notice of that application to be published in the Gazette and in the newspapers and be served on the persons that it may determine.

(3) A notice contemplated in subitem (2) must be in a form approved by the Authority and must call on all persons who may object to the order being made to lodge their objections in writing with the Authority within the period determined in the notice.

(4) On proof of the publication and service of the notice contemplated in subitem (2), and --

(a) if no objection in writing has been lodged with the Authority within the period mentioned in the notice; and

(b) if the Authority is satisfied of the legality of the applicant's claim,

it must make the order contemplated in subitem (1).

(5) If an objection in writing is lodged with the Authority within the period determined in the notice or if it is not satisfied of the legality of the applicant's claim, it must refuse to make the order.

(6) If the Authority refuses to make an order contemplated in subitem (1), the applicant may apply to a court for such an order.

(7) The court may require any evidence in support of the application it deems necessary, and may make the order on the terms and conditions it deems fit, or may refuse to make the order.

(8) Any application contemplated in subitem (1) must be made to the Authority within 30 days of the transmission taking place, or within the further period, not exceeding one year, that the Authority may allow, and any application contemplated in subitem (6) must be made to the court within 30 days after the refusal by the Authority to make the order, or within the further period, not exceeding one year, that the court may allow.

(9) A ship or share is subject to forfeiture under this Act if --

(a) an application is not made within the period allowed in terms of subitem (8); or

(b) the court refuses to make the required order.

6. Transfer of ship by order of Authority or court

(1) Where the Authority or a court orders the sale of any ship or share in a ship in terms of this Act, the order must contain a declaration vesting in a named person the right to transfer the ship or share.

(2) The person contemplated in subitem (1) is entitled to transfer the ship or share in the same manner and to the same extent as if he or she were the registered owner of the ship or share.

(3) The Registrar must deal with any application relating to the transfer of the ship or share made by the person contemplated in subitem (1) as if that person were the registered owner.

7. Power of court to prohibit transfer

(1) A court may, if it deems it necessary, without prejudice to the exercise of any other power, on the application of any interested person, make an order prohibiting any dealing with a ship or share in a ship for a determined period.

(2) A court may make the order contemplated in subitem (1) on the terms and conditions it deems fit, or may refuse to make the order.

(3) When a copy of an order contemplated in subitem (1) is served on the Registrar, it is binding on him or her whether or not the Registrar was a party to the proceedings.

8. Endorsement of registration certificate on change of ownership

(1) Where a ship or a share in a ship is transferred to a person by a bill of sale or transmitted to a person by any other lawful means, the person who has possession or control of the ship's registration certificate must deliver the certificate to the person to whom the ship or share is transferred or transmitted --

(a) if the ship is at a South African port at the time of the transfer or transmission, within ten days after the transfer or transmission; or

(b) in any other case, as soon as is practicable after the transfer or transmission.

(2) Where a registration certificate is delivered to a person in terms of subitem (1), that person must immediately deliver the certificate to the Registrar.

(3) Where a registration certificate is delivered to the Registrar in terms of subitem (2), the Registrar must, subject to item 3(2) or 4(2), as the case may be --

(a) endorse the registration certificate with the particulars of change of ownership of the ship or share; and

(b) cause the endorsed certificate to be returned to the registered agent of the ship or to the person that the registered agent directs.

9. Mortgage of ship

(1) A ship or a share in a ship may be mortgaged as security for the discharge of an obligation in terms of this Act.

(2) A mortgage contemplated in subitem (1) is created by the registration of a mortgage instrument made in the prescribed form.

(3) Subject to subitem (4), on lodgment of a prescribed mortgage instrument, the Registrar must register the mortgage instrument by entering its particulars in the Register and must endorse the fact that such entry has been made on the instrument, with the date and time of entry.

(4) The Registrar may not register a subsequent mortgage instrument without the written consent of the existing mortgagees under all prior mortgages of the ship or share in question.

(5) Mortgage instruments lodged in terms of this item must be registered in the order of their lodgment.

10. Priority of mortgages

Where two or more mortgages are registered in respect of the same ship or share in a ship, the priority among the mortgagees is in accordance with the order of registration of the mortgages.

11. Rights of mortgagee

(1) The mortgagee under a mortgage of a ship or of a share in a ship may recover any amount due under the mortgage in a court and, when giving judgment or thereafter, the court may direct that the ship or share in question be sold in execution of the judgment.

(2) Subject to subitem (1), the mortgagee under a mortgage of a ship or of a share in a ship is not merely by reason of the mortgage entitled to sell or otherwise dispose of the ship or share.

12. Transfer of mortgage

(1) A mortgage of a ship or of a share in a ship is transferred by an instrument of transfer made in the prescribed form.

(2) Where a mortgage is transferred as contemplated in subitem (1), the transferee must lodge the instrument of transfer, together with the relative mortgage instrument, with the Registrar within 14 days after execution of the instrument of transfer or within the further period that the Registrar may allow in special circumstances.

(3) The Registrar must enter in the Register the name of the transferee as the mortgagee of the ship or share which is the subject of the mortgage and must endorse the fact that such entry has been made on the instrument of transfer, with the date and time of entry.

(4) A transferee of a mortgage in terms of this Act enjoys the same right of preference that was enjoyed by the transferor.

13. Transmission of mortgage by operation of law

(1) Where the interest of a mortgagee in a mortgage of a ship or of a share in a ship is transmitted to a person by any lawful means other than by a transfer in terms of item 12, that person must make a declaration of transmission in the prescribed form and must lodge that declaration, together with the evidence of the transmission that may be prescribed, with the Registrar within 14 days of that transmission taking place or within the further period that the Registrar may allow in special circumstances.

(2) The Registrar must enter in the Register the name of the person contemplated in subitem (1) as mortgagee of the ship or share.

14. Discharge of mortgage

(1) In this item, "mortgagor", in relation to a ship or a share in a ship, includes any person in whom, having regard to any intervening act and circumstances, the interest of the mortgagee would have been vested had the mortgage not been made.

(2) Where a mortgage is discharged, the mortgagor must lodge the mortgage instrument, together with the evidence of the discharge of the mortgage that may be prescribed, with the Registrar within 14 days after the discharge or within the further period that the Registrar may allow in special circumstances.

(3) The Registrar must make an entry in the Register to the effect that the mortgage has been discharged and, on that entry being made, any interest of the mortgagee under the mortgage vests in the mortgagor.

(4) Where the mortgage instrument cannot, for any reason, be lodged with the Registrar, the mortgagor must make and lodge with the Registrar a declaration setting out the particulars relating to the ship in respect of which the mortgage was given, the mortgage and its discharge and the particulars that may be prescribed for the purposes of this subitem.

Schedule 2
AMENDMENT OF LAWS

(Section 60(b))

No. and year of law	Short Title	Extent of amendment
Act No. 57 of 1951	Merchant Shipping Act, 1951	1. Amendment of section 2 -- (a) by the insertion in subsection (1) after the definition of "goods" of the following definition: " 'High Court' means any division of the High Court of the Republic;"; (b) by the insertion in subsection (1) after the definition of "international voyage" of the following definition: " 'licence', in relation to a ship, means a licence contemplated in section 68; and 'licensed' shall be construed accordingly;"; (c) by the substitution in subsection (1) for the definition of "owner" of the following definition: " 'owner' means any person to whom a ship or a share in a ship belongs, except as provided otherwise by regulation;"; (d) by the substitution in subsection (1) for the definition of "port of registry" of the following definition: " 'port of registry', in relation to a ship, means its home port as selected or changed in accordance with the Ship Registration Act, 1998;"; (e) by the insertion in subsection (1) after the definition of "recognized non-South African" of the following definition: " 'registered', in relation to a ship (except with reference to the law of another country), means registered or deemed to be or regarded as registered under the Ship Registration Act, 1998;"; (f) by the substitution in subsection (1) for the definition of "register tons" and "register tonnage" of the following definition: " 'register tons' and 'register tonnage' mean, in relation to a South African ship, either the gross or net tonnage of the ship, as the case may be, recorded in the register established by section 33 of the Ship Registration Act, 1998, and in the case of any other ship, the tonnage accepted or determined by the Minister, Authority or proper officer;"; (g) by the substitution in subsection (1) for the definition of "South African ship" of the following definition: " 'South African ship' means a ship registered in the Republic;"; (h) by the deletion in subsection (1) of the definition of "superior court"; and (i) by the substitution in subsection (1) for the definition of "surveyor" of the following definition: " 'surveyor' means any person recognized or appointed in terms of section 4(b);". 2. Amendment of section 3 -- (a) by the substitution for subsection (4) of the following subsection: "(4) Unless otherwise indicated, those provisions of this Act which apply to vessels which are registered or licensed in the Republic or which in terms of this Act are required to be so licensed shall so apply wherever such vessels may be."; and (b) by the substitution for subsection (7) of the following subsection: "(7) Except as provided otherwise by regulation, the provisions of this Act shall apply to any vessel contemplated in section 68(3)(b) as if such vessel were licensed in terms of this Act.". 3. Substitution for section 4 of the following section: "Powers of Authority 4. The Authority may -- (a) appoint such officers as it considers necessary for the administration of this Act; (b) recognize or appoint as a ship surveyor, engineer surveyor or radio or other surveyor any qualified person whom it deems fit to act as such for the purposes of this Act; (c) subject to such conditions as may be determined by it, and with the concurrence of the Minister, exempt any person from any of or all the provisions of the regulations made under section 356.". 4. Amendment of section 10 by the substitution for subsection (1) of the following subsection: "(1) Every person who at the coming into operation of this section is building, or after such coming into operation intends to build, a vessel which when completed will be registered or licensed in the Republic, shall within sixty days of such coming into operation or before beginning to build the vessel, as the case may be, furnish to the proper officer at the port where the vessel will be registered or licensed or to the Authority such written particulars of the vessel as may be prescribed.". 5. Substitution for section 17 of the following section: "Tonnage once ascertained to be tonnage of ship 17. Whenever the tonnage of a ship has been ascertained and recorded in accordance with this Act, that tonnage shall be the tonnage of the ship unless any alteration is made in the form or capacity of the ship, or unless it is discovered that the tonnage of the ship has been erroneously computed, in either of which cases the ship shall be resurveyed, and her tonnage redetermined in accordance with this Act.". 6. Amendment of section 18 by the substitution for subsection (4) of the following subsection: "(4) If from the report of a surveyor so directed to inspect a ship it appears to the 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 Authority that the tonnage of any ship so registered has been erroneously computed, it may order that, notwithstanding 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 purposes of this Act or the Ship Registration Act, 1998, be surveyed in accordance with this Act.". 7. Substitution for section 68 of the following section: "Certain vessels to be licensed 68. (1) The owner or the master of a vessel which is not registered in the Republic or elsewhere and which operates at or from a port in or from anywhere else on the coast of the Republic, shall be in possession of a licence issued to him in terms of this Act by a proper officer. (2) An application for a licence in terms of subsection (1) shall be made in the prescribed form and the owner or master shall produce to the proper officer a local general safety certificate and, where applicable, a local safety exemption certificate. (3) The provisions of this section shall not apply in respect of any vessel -- (a) unless the vessel is entitled to be registered in the Republic in terms of section 16(a) or (b) of the Ship Registration Act, 1998; or (b) of less than 100 gross tons used solely for sport or recreation.". 8. Amendment of section 72A by the substitution for paragraph (b) of subsection (2) of the following paragraph: "(b) prescribe the conditions subject to which any such vessel may so be used.". 9. Amendment of section 139 by the substitution for subsection (2) of the following subsection: "(2) For the purposes of this section, a ship shall be deemed to be constructively lost if -- (a) the ship is reasonably abandoned because its actual total loss appears to be unavoidable; (b) the ship cannot be preserved from actual total loss without an expenditure that would exceed its value when the expenditure has been incurred; or (c) the ship has been damaged to the extent that the cost of repairing the damage would exceed its value when repaired.". 10. Amendment of section 190 by the substitution for subsection (1) of the following subsection: "(1) If the owner of any vessel which is or is to be registered or licensed in the Republic desires that a safety convention certificate or a local safety certificate be issued in respect of the vessel, he shall, before he applies for the issue of the certificate, cause her to be inspected by a surveyor.". 11. Amendment of section 192 -- (a) by the substitution for paragraph (a) of the following paragraph: "(a) that a passenger ship which is or is to be registered in the Republic 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 ship when plying on international voyages or on short international voyages, it shall cause to be issued in respect of the ship a passenger ship safety certificate for an international voyage or a short international voyage, as the case may be;"; and (b) by the substitution for paragraph (c) of the following paragraph: "(c) that a passenger ship which is or is to be registered in the Republic is exempt, by virtue of the exercise by it of a power conferred on it by the construction regulations, life-saving equipment regulations, 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 special passenger trade on such voyages, and that she is constructed and equipped in accordance with the remaining requirements, it shall cause to be issued in respect of the ship an exemption certificate and a passenger ship safety certificate.". 12. Amendment of section 193 -- (a) by the substitution in paragraph (1) for the words preceding subparagraph (a) of the following words: "that a ship (other than a passenger ship) to which the Safety Convention applies and which is or is to be registered in the Republic is constructed and equipped in accordance with all the requirements of the construction regulations, the life-saving equipment regulations, the collision regulations and any other regulations which may have been made, which are applicable to the ship when plying on international voyages, it shall cause to be issued in respect of that ship --"; (b) by the substitution in paragraph (2) for the words preceding subparagraph (a) of the following words: "that a ship (other than a passenger ship) to which the Safety Convention applies and which is or is to be registered in the Republic is exempt, by virtue of the exercise by it of a power conferred on it by the construction regulations, the life-saving equipment 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 remaining requirements, it shall cause to be issued in respect of the ship --"; (c) by the substitution for paragraph (3) of the following paragraph: "(3) that a ship (other than a passenger ship) to which the Safety Convention applies and which is or is to be registered in the Republic is equipped in accordance with all the requirements of the radio regulations applicable to the ship when plying on international voyages, it shall cause to be issued in respect of the ship a cargo ship safety radio certificate;"; and (d) by the substitution in paragraph (4) for the words preceding subparagraph (a) of the following words: "that a ship (other than a passenger ship) to which the Safety Convention applies and which is or is to be registered in the Republic is exempt, by virtue of the exercise by it of a power conferred on it by the radio regulations, from any or all of the requirements 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), it shall cause to be issued in respect of the ship --". 13. Amendment of section 194 by the substitution in subsection (2) for the words following on subparagraph (ii) of the following words: "and which are or are to be registered or licensed in the Republic.". 14. Amendment of section 197 by the substitution for paragraph (a) of subsection (3) of the following paragraph: "(a) The Authority may grant an extension of -- (i) any safety convention certificate, except a cargo ship safety construction certificate; or (ii) any local safety certificate, issued in respect of any vessel registered or licensed in the Republic, for a period not exceeding one month from the date when the certificate would, but for the extension, have expired, or, if the vessel is absent from the Republic on that date, for a period not exceeding five months from that date.". 15. Amendment of section 200 by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: "Neither the owner nor the master of a South African ship shall cause or permit her to proceed to sea from any port within or outside the Republic, or cause or permit her to operate at or from a port in or from anywhere else on the coast of the Republic, unless there is on board and in force in respect of that ship --". 16. Amendment of section 205 by the substitution for subsection (1) of the following subsection: "(1) If the owner of any load line ship which is or is to be registered in the Republic desires that a load line certificate be issued in respect of the ship, he shall, before he applies for the issue of the certificate, cause her to be inspected by a surveyor.". 17. Amendment of section 209 by the substitution for subsection (2) of the following subsection: "(2) The Authority may grant an extension of any international load line certificate or of any local load line certificate issued in respect of any ship registered in the Republic, for a period not exceeding one month from the date when the certificate 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.". 18. Amendment of section 232 by the substitution for the words preceding paragraph (a) of the following words: "The master of a vessel which is registered or licensed in the Republic or which, in terms of this Act, is required to be so licensed shall not, within or outside the Republic, and the master of any other vessel shall not, within the Republic or the territorial waters thereof, use or display or cause or permit any person under his authority to use or display, and no person shall use or display at a place on land within the Republic from which it can be seen from the sea --". 19. Amendment of section 259 by the substitution for subsection (2) of the following subsection: "(2) Subsection (1) shall, subject to subsection (3), apply to every ship which is registered or licensed in the Republic or which is in terms of this Act required to be so licensed and to or in respect of or on board of which any such event as is referred to in subsection (1) has occurred anywhere, and it shall apply to a ship registered in a country other than the Republic only while she is within the Republic or the territorial waters thereof and if any such event has occurred to or in respect of or on board of the ship during a voyage to a port in the Republic or within the Republic or the territorial waters thereof.". 20. Amendment of section 264 by the substitution in paragraph (a) of subsection (1) for the words preceding subparagraph (i) of the following words: "in the case of a ship which is registered or licensed in the Republic or which is in terms of this Act required to be so licensed, whenever --". 21. Amendment of section 269 by the substitution for subsection (2) of the following subsection: "(2) Subsection (1) shall apply in respect of masters or members of the crew of all ships which are registered or licensed in the Republic or which are in terms of this Act required to be so licensed, and in respect of masters or members of the crew of ships registered in a country other than the Republic only if those ships are wholly engaged in plying between ports in the Republic.". 22. Amendment of section 287 by the substitution for subparagraph (ii) of paragraph (b) of the following subparagraph: "(ii) outside the Republic and the territorial waters of the Republic only in respect of ships which are registered or licensed in the Republic or which are in terms of this Act required to be so licensed.". 23. Amendment of section 356 -- (a) by the deletion of paragraphs (iv), (v), (vii), (viii) and (xli)bis of subsection (1); and (b) by the deletion of subsection (7). 24. Substitution for the expression "superior court" wherever it occurs of the expression "High Court".
Act No. 2 of 1991	Marine Traffic Act, 1981	25. Amendment of section 1 by the substitution for the definition of "foreign" of the following definition: " 'foreign', in relation to any ship, submarine or other underwater vehicle, means a ship, submarine or other underwater vehicle not having South African nationality by virtue of section 3 of the Ship Registration Act, 1998;".
Act No. 2 of 1986	Marine Pollution (Prevention of Pollution from Ships) Act, 1986	26. Amendment of section 1 by the substitution for the definition of "South African ship" of the following definition: " 'South African ship' means any ship having South African nationality by virtue of section 3 of the Ship Registration Act, 1998;".
Act No. 94 of 1996	Wreck and Salvage Act, 1996	27. Amendment of section 1 by the substitution for the definition of "South African ship" of the following definition: " 'South African ship' means any ship having South African nationality by virtue of section 3 of the Ship Registration Act, 1998;".

Schedule 3
TRANSITIONAL PROVISIONS

(Section 61)

1. Definitions

In this Schedule, unless the context indicates otherwise --

(a) "commencing date", in relation to any provision of this Act, means the date fixed in respect of that provision under section 62;

(b) "repealed law" means a law repealed by section 60(a).

2. Additional operation of Schedule

Without prejudice to its effect apart from this item, this Schedule also has, by virtue of this item, the effect it would have if a reference in item 3 to a ship entitled to be registered were a reference to a ship other than a ship so entitled.

3. Ships registered in Republic in terms of repealed law

(1) Every ship entitled to be registered that was immediately before the commencing date registered in terms of a repealed law at a South African port is deemed, on and from that date, to be registered in terms of this Act.

(2) Any entry or record in respect of a ship referred to in subitem (1), that immediately before the commencing date appeared in a register book kept at a South African port in terms of a repealed law, is deemed to be an entry or record in the Register in respect of that ship and to have been made on the date on which and at the time when it was made in terms of the repealed law.

4. Instrument made in terms of repealed law continues in force

(1) Subject to subitems (2) and (3) --

(a) any instrument or other document made in terms of a provision of a repealed law and in effect immediately before the commencing date; and

(b) any endorsement, memorandum or other note made in terms of a repealed law on any such instrument or document and in effect immediately before the commencing date,

[shall] continue to have effect on and after that date as if it had been made in terms of the corresponding provision of this Act.

(2) Where any instrument or other document referred to in subitem (1) is lodged with or received by the Registrar for the purposes of this Act, and the Registrar is of the opinion that --

(a) the instrument or document does not sufficiently comply with the requirements of this Act; or

(b) it would be inappropriate to accept the instrument or document for the purposes of this Act,

the Registrar may refuse to accept the instrument or document for the purposes of this Act.

(3) Subitem (1) does not apply to a certificate of mortgage or a certificate of sale granted in terms of section 52 of the Merchant Shipping Act, 1951.

5. Applications in terms of repealed law

Despite anything to the contrary in this Act, where --

(a) before the commencing date, an application was made in terms of a repealed law, but not finalised; and

(b) the Registrar is satisfied that the requirements of this Act in respect of an application of the same kind are substantially similar to the requirements of the repealed law,

the Registrar must treat that application as if it had been made in terms of this Act.

6. Certificates of registry may be recalled

For the purpose of the issue of a registration certificate in terms of this Act in respect of a ship deemed to be registered by virtue of item 3, the Registrar may recall the certificate of registry issued in terms of a repealed law in respect of the ship.

7. Registers kept in terms of repealed law

Each register kept at a South African port in terms of a repealed law is deemed to be part of the Register to be kept in terms of this Act, and any documents retained in terms of that repealed law that are associated with the register book kept in terms thereof must be retained by the Registrar.

8. Request for verification and information

(1) The Registrar may by notice in writing served on the registered agent of a ship deemed to be registered by virtue of item 3 or, if there is no registered agent entered in the Register in respect of that ship, the registered owner of that ship, require him or her --

(a) to verify, in the manner determined in the notice, any matter or particular appearing in the Register by virtue of item 7; or

(b) to furnish the information and documents relating to the ship and its owner determined in the notice, being information and documents of the kind required in connection with or in support of an application for registration,

or to do that verification as well as to furnish that information and documents, within a determined period, but not less than 30 days after the date of service of the notice.

(2) If the person on whom a notice is served in terms of subitem (1) fails to verify a matter or particular or to furnish any information or document in accordance with that notice, the Authority may, unless the Authority has information that leads it to believe that the ship may still be entitled to be registered, by notice in writing given to the Registrar direct that the registration of the ship be closed and, on receipt of such a notice by the Registrar, that notice must be regarded as a notice in terms of section 42(1)(b), and section 42 is applicable.

(3) Where no entry or amendment of an entry has been made in respect of a ship in the Register for the period that may be prescribed for the purposes of this item, the Registrar may by notice in the Gazette specifying the name of the ship, the official number of the ship and the full name and address of the registered owner, determine that, unless the Registrar is contacted within 30 days by the registered owner, the registered agent, or another person having knowledge of the whereabouts of either the ship or the registered owner or registered agent, the Registrar must inform the Authority of the fact that a notice has been published in terms of this subitem and that no such contact has been made.

(4) Where the Registrar informs the Authority that he or she has published a notice in terms of subitem (3) and that he or she has not been contacted as required by that notice, the Authority may, unless the Authority has other information that leads it to believe that the ship may still be entitled to be registered, by notice in writing given to the Registrar direct that the registration of the ship be closed and, on receipt of such a notice by the Registrar, that notice must be regarded as a notice in terms of section 42(1)(b), and section 42 is applicable.

9. Ships deemed to be registered to cease to be registered if not entitled to be registered

(1) In this item --

(a) "last day on which the notice was served" means --

(i) where the notice is to be served on only one person, the day on which notice is served on that person; or

(ii) where the notice is to be served on more than one person --

(aa) if the notice is served on those persons on the same day, that day; or

(bb) if the notice is served on those persons on different days, the later or latest of the days on which notice is so served; and

(b) "mortgage" includes a mortgage deemed to be registered by virtue of this Schedule.

(2) At any time after the expiration of the period of six months after the commencing date, the Registrar must, if he or she has reason to suspect that a ship regarded as registered on that date was not on that date entitled to be registered, serve notice of that fact on the owner and any mortgagee of the ship, drawing attention to the provisions of this item.

(3) If, within a period of three months beginning on the last day on which the notice was served, evidence to the satisfaction of the Registrar that the ship is entitled to be registered is not produced, the Registrar must, on the expiration of that period, cause the registration of that ship to be closed.

10. Registrar may defer registration

(1) Despite anything to the contrary in this Act, during the period of 14 days beginning on the commencing date, the Registrar may defer the following until the expiration of that period:

(a) The doing of any thing relating to documents lodged, or produced for lodgment;

(b) the making of any record or entry in the Register;

(c) the registration of any ship or of any matter; or

(d) the doing of any thing incidental to the registration of a ship or of any matter.

(2) Documents produced for lodgment or lodged during the period contemplated in subitem (1), must after the expiration of that period be dealt with in the order in which they were received by the Registrar.

(3) Where any document has been produced for lodgment or lodged during the period referred to in subitem (1) and the Registrar has deferred the making of a record or entry in the Register or the doing of any other thing in respect of the document during that period, then, for the purpose of making a record or entry in the Register or doing any other thing in respect of the document after the expiration of that period --

(a) in the case of a document for lodgment, if the Registrar considers that the document is in a form satisfactory for lodgment, the document is deemed to have been lodged on the date on which, and at the time when, it was so produced; and

(b) in the case of a document lodged, the record or entry made in the Register or the thing done relating to the document is deemed to have been made or done on the date on which, and at the time when, it was lodged.

11. Regulations for transitional purposes

(1) The Minister may by regulation make provision for any matter arising from, consequential to or otherwise connected with the operation of this Schedule.

(2) Regulations made in pursuance of subitem (1) may be expressed to take effect on and from a date earlier than the date of the making of the regulations concerned, but not a date earlier than the commencing date.

MEMORANDUM ON THE OBJECTS OF THE SHIP REGISTRATION BILL

1. The object of the Ship Registration Bill, 1998, is to regulate the registration of ships in the Republic and incidental matters such as the transfer of ownership and the creation and transfer of mortgages. It therefore repeals and replaces most of Chapter II of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), which governs the recording, registering and licensing of ships in the Republic.

2. One of the principal aims of the Bill is to put into effect some of the objectives of the Government's White Paper on Transport Policy in so far as it relates to maritime affairs. Specifically, the Bill seeks to facilitate the development of the South African Ships Register through the introduction of revised conditions for the registration of ships in the Republic.

3. The following three key considerations influenced the Bill's development, namely --

(a) the need for a "genuine link" between the Republic and ships entered in its Register, so as to avoid classification as an "open" or "convenience" register;

(b) the provision of a professional and client-focussed ship registration service; and

(c) acceptability to industry and labour.

4. Principal changes made by the Bill are summarized as follows:

4.1 Changes affecting ownership and eligibility

The Bill permits registration of the following ships:

(a) South African-owned ships, i.e. ships wholly owned by South African nationals, or ships (other than fishing vessels) majority-owned by South African nationals;

(b) ships (other than fishing vessels) of less than 25 gross tons wholly owned by residents of the Republic or by residents of the Republic and South African nationals;

(c) ships (other than fishing vessels) of less that 25 gross tons operated solely by residents of the Republic or South African nationals or both;

(d) ships on bareboat charter to South African nationals.

4.2 Bareboat charter in and out allowed

4.2.1 The registration of bareboat chartered ships has become common practice in many maritime countries and is adopted in the Bill.

4.2.2 A Foreign ship on bareboat charter to a South African national may be registered for the period of the charter, but the private law provisions for registered ships do not apply to such ships.

4.2.3 Regulations under the Bill will permit a registered South African-owned ship to operate under a foreign flag while on bareboat charter to a foreign resident.

4.3 Control of ships

Measures are introduced to enhance control over ships having a South African connection in that unregistered ships entitled to be registered are prohibited to embark on international voyages from South African or foreign ports.

4.4 Registered agent

A registered agent must be appointed in respect of every registered ship, the purpose of such an agent being to facilitate the Bill's administration.

4.5 Administration

The Office of the Registrar of Ships and a South African Ship Registration Office are established for the purpose of the efficient administration of ship registration.

5. For the remainder, the Bill re-enacts, with minor modifications, certain provisions of the Merchant Shipping Act, 1951.

6. Consultations on the Bill took place over a two-year period and involved representatives from the shipping industry, organized labour and other stakeholders in the public and private sectors, nationally and internationally. They made valuable contributions, which have been incorporated wherever possible.

7. The State Law Advisers are of the opinion that the Bill must be dealt with in accordance with the procedure prescribed by section 75 of the Constitution, since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.

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