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Maritime Regulations Ch.02 |
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DOCUMENTATION AND IDENTIFICATION OF
VESSELS
| 8. |
(1) |
In cases of
the sale or transfer of a vessel which previously has been documented under
another Registry and Flag, where the buyer or transferee desires to re-register
the vessel under the Vanuatu Register and such vessel is immediately entitled to
a Permanent Certificate of Registry, no such certificate shall be issued unless
the owner, in addition to filing the documents and papers required for
registration, shall file a declaration that no further consent is required from
a Government of a former Registry or if such consent is required, file copies of
such official consent. |
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(2) |
In all other
cases no Permanent Certificate of Registry shall be issued in respect of a
vessel unless: |
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(a) |
to the extent required
by any international convention ratified or acceded to by Vanuatu, a valid
certificate is issued by any of the Classification Societies referred to in
Section 9 in respect of Cargo or Passenger Ship Safety Equipment; Cargo or
Passenger Ship Safety Construction; International Loadline; Tonnage Measurement;
Prevention of Pollution and such other certificates as may be applicable
pursuant to the referenced conventions; and |
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(b) |
all officers employed
on the vessel are duly licensed under the Act or Regulations made thereunder. |
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(3) |
In any case
where a vessel is acceptable in the first instance for documentation or
re-registration under the Act, and is eligible for a Provisional Certificate of
Registry, the owner, in addition to filing the documents for the issue of a
Provisional Certificate of Registry, shall file a declaration that no further
consent is required from the Government of a former Registry and Flag or, if
such consent is required, file copies of such official
consent. |
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(4) |
Prior to the
issuance of any Provisional or Permanent Certificate of Registry the owner of
each vessel shall furnish in respect of such vessel a Report of Ship's Officers
in the prescribed form. |
9.
21 of 98 |
Any International
Association of Classification Societies member and any other international ship
classification society as may be authorized by the Commissioner or a Deputy
Commissioner, is authorized as agent to measure vessels in accordance with the
provisions of section 10 and for surveying vessels for the issue of the Vanuatu
Certificates required to be furnished prusuant to Section
8(2)(a). |
| 10. |
(1) |
Except as otherwise
provided in this Order, measurement shall be in accordance with the regulations
set forth in the International Convention on Tonnage Measurement of Ships, 1969
as from time to time amended which are hereby adopted as the standard of
measurement for vessels under the Vanuatu Flag. Measurements shall be verified
by an acceptable Certificate of Measurement. |
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(2) |
In cases of vessels
previously documented in a foreign country and in cases of vessels never before
documented but which have been measured by a representative of a foreign
country, an admeasurer, without physically measuring the vessel may accept the
figures contained in her latest maritime document or Certificate of Measurement
(making all adjustments as may be required to make the same conform to the
standard of measurement prescribed in sub-section (1)) in determining her
principal measurements and gross and net tonnages; provided that the admeasurer
is furnished with a declaration by the owner or some authorized person on behalf
of the owner that no changes affecting measurement or tonnage have been made in
the vessel since the issue of the marine document or Certificate of Measurement.
In the event that such declaration shall disclose that changes affecting
measurement or tonnage have been made, the admeasurer may limit his physical
measurements to such spaces as are affected by such
changes. |
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(3) |
The owner or Master of
a vessel or person authorized to act on his behalf shall advise the Commissioner
or a Deputy Commissioner of any alteration, change or construction of the vessel
which could affect her classification, measurement, tonnage or load line, within
30 days from the completion of such alteration or change or construction setting
forth the details thereof. |
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(4) |
Failure to notify the
Commissioner or a Deputy Commissioner as required by sub-section (3) hereof
shall be an offence. |
| 11. |
(1) |
Where a vessel may be
used alternately as one category or another (e.g. ore carrier or tanker), the
Certificate of Registry shall describe the vessel in the category which produces
the highest gross and net tonnages. The Commissioner or a Deputy Commissioner
may attach to the Certificate of Registry an Appendix stating separately the
description of the vessel, including measurements, that would be applicable if
the vessel were trading in the other category. |
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(2) |
Where a vessel is
fitted with a tonnage mark and assigned dual gross and net tonnages, the length,
depth and breadth stated in the Certificate of Registry shall be the dimensions
for the condition with the tonnage mark
submerged. |
| 12. |
(1) |
Each vessel's Permanent
Certificate of Registry shall state the name of the vessel, her official number,
call sign, service and home port of Port Vila; the name of the person making the
required declaration; the names, residences, citizenships, and proportion of the
owners of the vessel; the former name or designation of the vessel; the year and
place of the build of the vessel, the name of the builder; the number of masts
and decks; the material of the hull, the type of her stern and stem; the kind of
her propulsion; her length, depth, breadth, and height of the uppermost deck to
the hull above the tonnage deck; her gross and net tonnage or tonnages; the name
of the person or agent who measured the vessel and the number and date of the
Certificate of Measurement issued by such person or
agent. |
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(2) |
Each vessel's
Provisional Certificate of Registry shall state the name of the vessel, her
official number, call sign, service and home port of Port Vila; the name of the
person making the required declaration; the names, residences, citizenships, and
proportion of the owners of the vessel; the month, year, and place of purchase;
the former name or designation of the vessel; the year and place of build of the
vessel; the name of the builder; and the best particulars with respect to her
tonnage or tonnages, build, description, dimensions and motive power which the
issuing officer is able to obtain. |
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(3) |
In cases where there
has been a change of name or ownership of a vessel, a new Registry Certificate,
Permanent or Provisional, shall be issued, and in no event shall such change or
changes, be accomplished by means of endorsement of the existing ship's
documents. |
| 13. |
The Commissioner, upon
the issue of Registry Certificates and Licenses, shall assign to such documents
numbers progressively, and shall as soon as possible notify all Deputy
Commissioners so that, when a License or Registry Certificate is subsequently
issued by a Deputy Commissioner, the number assigned by the Deputy Commissioner
will be that next following number assigned by the Commissioner. A Deputy
Commissioner, upon the issue and numbering of Licenses and Registry
Certificates, shall as soon as possible notify the Commissioner and other Deputy
Commissioners so that the same procedure may be
followed. |
| 14. |
(1) |
The Owner of a vessel
documented under the Act, in order to transfer the vessel to a foreign registry,
or to leave the Vanuatu Registry for any other reason, shall file a written
statement setting out the information specified in Section 35 of the Act. |
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(2) |
A Certificate of
Cancellation from the Vanuatu Registry shall be issued upon filing with the
Commissioner or a Deputy Commissioner or with a Special Agent or with a Consular
or Diplomatic Officer of Vanuatu acting under specific instructions from the
Commissioner or a Deputy Commissioner, of the vessel's Certificate of Registry,
Ship Radio Station License, Oil Record Book, Manning Certificate and, in the
event that title has been transferred , a Bill of Sale in duplicate: |
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provided, however, that
all outstanding taxes, fees and charges due under the Act or Orders thereunder
have first been paid. |
| 15. |
(1) |
The Commissioner or a
Deputy Commissioner shall not approve the application of an owner for the change
of name of a vessel if the said vessel is subject to a Preferred Ship Mortgage
duly recorded under Section 50 of the Act unless the Mortgagee has consented to,
or given approval for, such change of name. |
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(2) |
It shall be an offence
to change the name of a vessel without first obtaining the approval of the
Commissioner or Deputy
Commissioner. |
16.
21 of 98 |
(1) |
It shall be
the responsibility of owners and Masters to ensure that their vessels are in
compliance with the requirements of the following international Conventions and
Agreements and amendments thereto, which are in
force: |
| 21 of 98 |
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(a) |
International
Maritime Organisation Conventions |
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Convention on the
International Regulations for Preventing Collisions at Sea,
1972 as amended
(1972 COLREG); |
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International
Convention for the Safety of Life at Sea, 1974, as amended
(SOLAS (amended)
1974); |
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Protocol of 1978
relating to International Convention for the Safety of Life at
Sea, 1974, as
amended (SOLAS PROT 1978); |
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Protocol of 1988
relating to International Convention for the Safety of Life at Sea, 1974, as
amended (SOLAS PROT (HSSC)1988); |
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International
Convention on Standards of Training Certification and
Watchkeeping for
Seafarers, 1978, as amended (STCW (amended)
1978); |
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International
Convention for the Prevention of Pollution from Ships, 1973 as modified by the
Protocol of 1978 relating thereto (MARPOL (amended)
73/78); |
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Optional Annexes III
and V of MARPOL 73/78; |
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International
Convention on Civil Liability for Oil Pollution Damage, 1969
(CLC 1969); |
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Protocol of 1992 to
amend the International Convention on Civil Liability for
Oil Pollution
Damage, 1969 (CLC PROT 1992); |
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Convention for the
Suppression of Unlawful Acts against the Safety of Maritime
Navigation, 1988
(SUA 1998); |
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Protocol for the
Suppression of Unlawful Acts against the Safety of Fixed
Platforms Located
on the Continental Shelf, 1988, (SUA PROT 1988); |
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Athens Convention
relating to the Carriage of Passengers and their Luggage by
Sea, 1974 (PAL
1974); |
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Protocol to the Athens
Convention relating to the Carriage of Passengers and
their Luggage by Sea,
1974 (PAL PROT 1976); |
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International
Convention for Safe Containers, 1972, as amended (CSC
(amended) 1972); |
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(The 1993) Amendments
to the International Convention for Safe Containers,
1972, as amended; |
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International
Convention on Load Lines, 1966 (LL 1966); |
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Protocol of 1988
relating to the International Convention on Load Lines, 1966
(LL PROT (HSSC)
1988); |
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International
Convention on Maritime Search and Rescue, 1979 (SAR
1979); |
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International
Convention on Salvage, 1989 (SALVAGE 1989); |
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International
Convention on Tonnage Measurement of Ships, 1969 (TONNAGE
1969); |
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Convention on
Facilitation of International Maritime Traffic, 1965, as amended
(FAL
(amended) 1965); |
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International
Convention on the Establishment of an International Fund for
Compensation
for Oil Pollution Damage, 1971 (FUND 1971); |
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Protocol of 1992 to
amend the International Convention on the Establishment of
an International
Fund for Compensation for Oil Pollution Damage, 1971
(FUND PROT 1992); |
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Convention on
Limitation of Liability for Maritime Claims, 1976
(LLMC
1976); |
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International
Convention relating to Intervention on the High Seas in Cases of
Oil
Pollution Casualties, 1969 (INTERVENTION 1969); |
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Protocol relating to
Intervention on the High Seas in Cases of Pollution by
Substances other than
Oil, 1973, as amended (INTERVENTION PROT 1973); |
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International
Convention on Oil Pollution Preparedness, Response and Co-
operation, 1990
(OPRC 1990); |
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Convention on the
Prevention of Marine Pollution by Dumping of Wastes and
other Matter, 1972,
as amended (LC 1972); |
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1996 Protocol to the
Convention on the Prevention of Marine Pollution by
Dumping of Wastes and
other Matter, 1972 (LC PROT 1996); |
| 21 of 98 |
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(b) |
International Labour
Organization Conventions: |
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Convention No. 53 -
Convention Concerning the Minimum Requirement of Professional Capacity for
Master and Officers on Board Merchant Ships,
1936; |
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Convention No. 55 -
Convention Concerning the Liability of the Shipowner in Case of Sickness,
Injury, or Death of Seamen, 1936; |
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Convention No. 58 -
Minimum Age (Sea) (Revised), 1936; |
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Convention No. 92 and
No. 133 - Conventions on Accommodation of Crew; |
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Convention No. 147 -
Convention Concerning Minimum Standards in Merchant Ships;
and |
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(c) |
Other International
Instruments |
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United Nations
Convention on the Law of the Sea (UNCLOS); |
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International
Convention for the Unification of Certain Rules relating to Maritime Liens and
Mortgages (Brussels, May 27th, 1967); |
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The Convention on the
International Regime of Maritime Ports (1923); |
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The International
Convention relating to the Limitation of Liability of Owners of Seagoing Ships
(Brussels), 1957; |
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The Vienna Convention
for the Protection of the Ozone Layer and the Montreal Protocol on Substances
that Deplete the Ozone Layer (Montreal Protocol); |
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International
Telecommunications Convention and Radio Regulations,
1965; |
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International Sanitary
Regulations, 1951 (as amended). |
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(2) |
It shall be
the responsibility of the Owners and the Master to ensure that their vessel's
personnel are provided with publications, instruction booklets and manuals or
other information sufficient to enable their vessel to be operated in accordance
with the Conventions referred to in sub-section (1)
hereof. |
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(3) |
In the event
of failure to comply with any of the Conventions or Agreements specified in
sub-section (1) or any Conventions or Agreements entered into by the Republic of
Vanuatu after the commencement of this Order, the Commissioner or a Deputy
Commissioner may suspend or cancel a vessel's Certificate of Registry and impose
a monetary penalty not to exceed $100,000, and set such other conditions as may
be necessary to bring about compliance with maritime or maritime-related
Conventions and other International Agreements to which the Republic of Vanuatu
is a party, and which are in force, or the provisions of which are applied by
Vanuatu in advance of entry into force. |
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(4) |
The
Commissioner shall cause a list of such applicable Conventions and other
International Agreements to be published
periodically. |
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(5) |
Any penalty
assessed pursuant to sub-section (3) hereof shall constitute a maritime lien
upon the vessel and shall be so recorded by the Commissioner and Deputy
Commissioners unless paid within 90 days after service of written notice of such
assessment by registered mail upon the period so assessed. After such
recordation and until such lien has been satisfied or remitted, the Certificate
or Registry of the vessel shall be liable to suspension, and clearance of such
vessel from a port in Vanuatu shall be
denied. |
| 17. |
The current
classification of a vessel with any of the Classification Societies referred to
in Section 9 and appointed agents for Vanuatu for the issue of documents
required by the International Convention for the Safety of Life at Sea and the
International Load Line Convention shall be accepted as evidence that she is in
a seaworthy condition. Notwithstanding such evidence, it shall be the duty of
owners and Masters to ensure that their vessels carry adequate and up-to-date
charts, sailing directions, lists of lights, notices to mariners, tide tables
and other nautical publications necessary for each intended voyage. |
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Document Processing Time |
Seafarer documents
| 5 Business days
| Registration documents
| Same day
| Exemptions certificates
| Same day
| | Updated July 03, 2008 |
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