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Maritime Regulations Ch.01 |
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GENERAL
| 1. |
In this Order unless
the context otherwise requires: |
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"Act" means the
Maritime Act, [CAP.131]; |
| 5
of 99 |
"Authority" means the
Vanuatu Maritime Authority established by the Maritime Authority Act No. 29 of
1998; |
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"Marine Casualty" means
any casualty or accident involving any vessel if such casualty or accident
occurs upon the territorial waters of Vanuatu, or any casualty or accident
wherever occurring, where such casualty or accident involves any vessel
documented under the Act; |
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"Marine Offence" means
any act or offence contrary to the Act or any Orders
thereunder. |
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"Oil and Mineral
Service Vessel" means any vessel engaged in the search and development of oil,
gas, and other minerals, or in the support thereof, but does not include vessels
whose primary purpose is to transport crude oil, petroleum products, gas, or
other mineral resources in bulk in their cargo
tanks. |
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"Vanuatu Vessel" means
a vessel registered in the Vanuatu Ship Registry (but not the Bareboat Registry)
and required to fly the Vanuatu flag. |
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Words and expressions
in this Order unless otherwise expressly provided herein shall have the same
meaning as defined in the Act; |
| 2. |
(1) |
Except where
otherwise provided all documents required to be submitted to the Commissioner or
to a Deputy Commissioner, as the case may be under the provisions of the Act and
this Order shall be submitted in duplicate,
except: |
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(a) |
Mortgages and
amendments or assignments thereof which shall be submitted in quintuplicate; and |
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(b) |
Mortgage satisfactions
or releases or discharges which shall be submitted in quadruplicate. |
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(2) |
Upon
recording or filing any document in the Office of the Commissioner or of
a
Deputy Commissioner or the issue of any Certificate of Permanent or
Provisional
Registration or of a License or Certificate for a ship's officer
or a member of a ship's
crew, copies shall promptly be forwarded for
duplicate filing in the Office of all other
Deputy Commissioners, if any, and
in the Office of the
Commissioner. |
| 3. |
(1) |
A person
holding a valid License or Certificate issued by a maritime nation and which the
Commissioner or a Deputy Commissioner to whom application is made recognises,
shall be entitled to an equivalent License or Certificate issued under this
order. |
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(2) |
Any person
not holding a License issued by a maritime nation desiring a license or
certificate shall be required to pass such written, oral, or physical
examination as shall from time to time be required by the Commissioner. |
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(a) |
Applicants for Deck
Officer Licenses shall be examined as to their knowledge of the following
subjects and such other subjects as may from time to time be required by the
Commissioner:
Navigation and Position Determination
Navigational Watch
Principles
International Regulations for the Prevention of Collisions at
Sea
Lifesaving, Search and Rescue
Radar Equipment and Marine Navigational
Aids
Meteorology and Oceanography
Ship Maneuvering and Handling Ship
Stability
Construction and Damage Control
Cargo Handling and
Stowage
Ship Power Plants
Fire Prevention, Detection and
Extinction
Emergency Procedures
Medical Care
Communications
Maritime
Law and Regulations
Personnel Management and Training Responsibilities |
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(b) |
Applicants for
Engineering Officer Licenses shall be examined as to their theoretical and
practical knowledge of operational maintenance and organisational procedures
relating to the following subjects and such other subjects as may from time to
time be required by the Commissioner:
Marine Diesel Engines and Marine Steam
Propulsion Plant
Auxilliary Machinery including Pumping and Piping Systems,
Refrigeration Plant
Electrical and Control Equipment
Cargo Handling
Equipment and Deck Machinery
Fault Detection and Remedial and Damage
Prevention Actions
Safe Maintenance, Working Practices and Repair
Procedures
Fire Prevention, Detection and Extinction
Damage
Control
Life Saving Appliances and Elementary First Aid
Pollution
Prevention |
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However,
applicants for motor licenses only shall not be examined as to steam engines or
shall applicants for steam licenses only be examined as to motor engines. |
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(c) |
Applicants for Radio
Officer Licenses shall be examined as to their knowledge of the following
subjects and such other subjects as may from time to time be required by the
Commissioner:
International Regulations and Publications
Safe and
Efficient Watchkeeping Procedures
Transmitting and Receiving Radio
Telegraphy and Telephony Equipment
Practical Operations of Equipment
Basic
Electricity and Electronics
Frequency Allocations
Provision of Radio
Services in Emergencies including use of Portable and fixed equipment in
Survival Craft and Emergency Position-Indicating Radio Beacons
Preventive
Measures Relating to the Safety of Ship and personnel in connection with hazards
from Radio Equipment
Use of the Merchant Ship Search and Rescue Manual
(MERSAR) with particular reference to Radio communications
The International
Code of Signals and the Standard Marine Navigational Vocabulary
Ship Position
Reporting Systems and Procedures. |
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(d) |
Applicants for a
Certificate of Proficiency in Survival Craft shall be examined to show their
proficiency in all operations involving survival craft and other life-saving
appliances; the various types of emergency situations; the principles of
survival; making and acting upon correct commands relating to launching,
boarding, handling and disembarking from survival craft and use of life-saving
appliances. |
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(e) |
Applicants for Radar
Observer Certificates shall be examined as to their knowledge of basic
principles of radar observations and their
applications. |
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(3) |
Certificates
and Officers' Licenses of Competence issued under the provisions of this Section
shall be valid for a period of five years and may be renewed. Any License or
Certificate may be revoked at any time upon proof
of: |
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(a) |
incompetency; |
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(b) |
physical or mental
disability; |
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(c) |
habitual drunkenness or
drug use; |
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(d) |
willful failure to
comply with the provisions of the Act or Orders
thereunder; |
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(e) |
criminal conduct; or |
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(f) |
other conduct
incompatible with proper performance of duties and obligations as an officer. |
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(4) |
Renewals of
Licenses or Certificates shall not be granted more than one year after the
expiry date of the previous License, or
Certificate. |
3A.
29 of 97 |
There shall
be an annual tonnage tax payable per vessel as
follows:- |
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Vessel of |
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Amount |
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(a) |
0 to less than 15,000
net tons |
dollars 0.25 per net
ton; |
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(b) |
15,000 to less than
25,000 net tons |
dollars 0.20 per net
ton; |
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(c) |
25,000 to less than
35,000 net tons |
dollars 0.15 per net
ton; |
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(d) |
35,000 net tons and
over |
dollars 0.10 per net
ton. |
| 4. |
(1) |
The
following fees shall be payable - |
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(a) |
Vessel
Documentation, |
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For issuing a
Certificate of Registry (Permanent or Provisional) |
$200 |
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For the
reissuing of a Certificate of Registry (Permanent or
Provisional) |
$150 |
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For 3 months
extension of a Provisional Certificate of Registry |
$500 |
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For
documentation in connection with reregistration (but does not include issuing a
Permanent or Provisional Certificate of registry) |
$1,250 |
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For issuing a
Certificate of Permission to sell for reregistration |
$150 |
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For issuing a
Certificate of Permission for Transfer of a Vessel and, subsequently, a
Certificate of Cancellation of Registry of a Vessel |
$250 |
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(b) |
Recording, |
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For recording
a Bill of Sale of a Vessel |
$50 |
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For recording
a Mortgage on a vessel or vessels or any instrument whether designated an
Amendment, Supplement, or otherwise
Relating thereto, that involves the
addition of new security or the coverage of an obligation unrelated to that
described in the original Mortgage, including the certification of two copies
thereof |
$500 |
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For recording
a Mortgage Assignment, Assumption, Amendment or Supplement (other than an
Amendment or Supplement described in the paragraph immediately above), including
certifying two copies thereof |
$250 |
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For recording
a Mortgage Satisfaction, Release, or Discharge |
$150 |
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For any other
unspecified recording or filing |
$100 |
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(c) |
Personnel
Licensing, |
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For examining
an applicant, and/or initial issuing of a license or certificate upon
qualification |
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Master, Chief
Engineer |
$150 |
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Reexamination |
$100 |
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Chief Mate,
1st Assistant Engineer |
$125 |
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Reexamination |
$
85 |
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All other
officers |
$100 |
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Reexamination |
$
75 |
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Radar
Observer |
$
75 |
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Certificate
of Proficiency in Survival Craft |
$
50 |
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for
certifying transcripts of examination results |
$
35 |
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for renewing
an Officer's License - |
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Prior to
expiration |
$
75 |
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Within one
year after expiration |
$125 |
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for issuing a
Temporary Permit under: |
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Section
36(3)(a) of this Order |
$
75 |
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Section
36(3)(b) of this Order |
$125 |
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for replacing
a lost or destroyed License or Certificate |
$
25 |
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for issuing
Seaman's Identification documents |
$
50 |
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(d) |
Certification, Authentication, Approval. |
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for issuing a
Certificate of Ownership and Encumbrance |
$
25 |
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for approving
grain loading arrangements required under the provisions of the International
Convention for Safety of Life at sea |
$125 |
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for issuing a
Marriage, Birth, Death or Burial at Sea Certificate |
$
50 |
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for
certifying Articles of Agreement |
$
25 |
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for signing
on or off Articles of Agreement, each seaman |
$
25 |
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for
certification of extract from log book |
$
25 |
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for noting or
receiving Note of Protest in duplicate, and certifying two copies thereof |
$
25 |
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for
authenticating proof of sea service |
$
25 |
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(e) |
Miscellaneous, |
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for issuing
any other unspecified certificate or document or publication, in addition to
costs |
$
50 |
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for
authenticating any document not otherwise specified |
$
25 |
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for providing
certified copies of documents:
for each copy of a document provided and
certified |
$
25 |
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(2) |
All fees and
costs chargeable under this Order shall be invoiced and collected by the
Commissioner or a Deputy
Commissioner. |
| 5. |
(1) |
Any person appealing
under Section 15 of the Act, against a decision of a Deputy Commissioner or a
Special Agent shall send a memorandum of the appeal by registered post to the
Commissioner within a period of 60 days from the date of such decision, and
shall send a copy thereof to the Deputy Commissioner or Special Agent concerned.
All documents in support of the appeal shall be attached with the memorandum of
appeal. |
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of 99 |
(2) |
Any person appealing
under Section 15 of the Act, against a decision of the Commissioner shall send a
memorandum of the appeal by registered post to the Maritime Appeal Tribunal
established under the Maritime Authority Act No. 29 of 1998 within a period of
60 days from the date of such decision, and shall send a copy thereof to the
Commissioner. All documents in support of the appeal shall be attached with the
memorandum of appeal. |
| 6. |
(1) |
It shall be a Marine
Offence, without the approval in writing of the Commissioner or a Deputy
Commissioner or any one of his authorized agents, to make, enter into or execute
any commitment, agreement or arrangement whereby a Vanuatu vessel is to be made
available for the use of, to be chartered or sold to, or requisitioned by,
another country. The granting of such approval shall also constitute approval
for making the vessel available under the terms of the said commitment,
agreement or arrangement. |
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(2) |
Copies of any such
proposed commitments, agreements or arrangements shall be submitted together
with the application for approval, and, if approved, a true copy shall be filed
with the Commissioner or the Deputy Commissioner concerned within thirty days
after the formal execution of such commitment, agreement, or arrangement. |
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(3) |
This Section shall not
apply to day to day current commercial transactions providing for the carriage
of cargo under booking contracts, contracts of affreightment, voyage charters,
and time charters. |
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(4) |
In addition to any
penalty that may be provided under the provisions of the Act or any Order made
thereunder or these Regulations the Commissioner or the Deputy Commissioner may
cancel the Certificate of Registry of the vessel of any person who fails to
comply with the provisions of this
Section. |
| 7. |
Any tax or fee payable
under the Act or Regulations made thereunder shall be paid in full. Any amount
unpaid 90 days after the due date shall incur a penalty equal to 10% of the
amount due for each month or part thereof for which the amount remains unpaid
after the due date and the amount plus the penalty shall be payable
notwithstanding any other measures which may be taken to ensure payment. The
Commissioner or a Deputy Commissioner may, in their discretion, remit in whole
or in part penalty payable under this Section. |
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Document Processing Time |
Seafarer documents
| 5 Business days
| Registration documents
| Same day
| Exemptions certificates
| Same day
| | Updated August 08, 2008 |
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