|
|
DOCUMENTATION
AND IDENTIFICATION OF VESSELS
| 16. |
No self-propelled or sailing
vessel engaged in foreign trade shall fly the flag of Vanuatu or be accorded the
rights and privileges of a vessel of Vanuatu unless such vessel shall be
registered in accordance with the provisions of this Chapter. The home port of
every vessel so registered shall be Port Vila, and the name of the home port
shall be shown on the Certificate of
Registry. |
| 17. |
(1) |
Vessels of the following
classes are eligible to be documented or redocumented under this Act |
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|
(a) |
any seagoing vessels engaged in
Foreign Trade owned by a citizen or national of
Vanuatu; |
|
|
(b) |
any yacht or other vessel used
exclusively for pleasure, of 50 net tons or over, owned by a citizen or national
of Vanuatu; |
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|
(c) |
vessels on bareboat charter to a
citizen or national of Vanuatu: |
|
|
Provided such vessels
shall not be eligible for documentation if on, 1 January in the year in which
documentation is sought, such vessels are over 20 years of age, computed from
completion of first construction; |
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(2) |
Repealed 26 June 1989 |
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89 |
(3) |
Anything in this section
to the contrary notwithstanding, the 20 year age limit requirement referred to
in subsection (l), may be waived by the Commissioner or Deputy Commissioner and
a vessel of more than 20 years of age may be registered in exceptional cases
where it has been demnonstrated to the satisfaction of the Commissioner or
Deputy Commissioner that |
|
|
(a) |
the vessel meets all other
requirements for registration, and |
|
|
(b) |
the vessel receives the top
classification of one of the ship classification societies authorised by this
Act or any regulation made thereunder. |
|
(4) |
Anything in this section
to the contrary notwithstanding, the ownership requirement referred to in
subsection (l)(a) may in exceptional cases be waived by the Commissioner or
Deputy Commissioner where - |
|
|
(a) |
the vessel meets all other
requirements for registration; and |
|
|
(b) |
it has been satisfactorily
demonstrated that there is an absolute and genuine need for such waiver. |
|
(5) |
In this section, the
words "citizen" or "national" shall include corporations, partnerships and
associations of individuals. |
18.
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(1) |
The following registration fee
shall be payable upon registration -
for vessels of 5,000 tons or less
.............................. 1.05 dollars per net ton
for vessels of 5,001
tons and up to 25,000 tons ......... 0.87 dollars per net ton
for vessels of
25,001 tons and over ........................... 0.70 dollar per net ton
for
registration of vessels on bareboat charter, of
any tonnage
.............................................................. 0.35 dollars per
net ton |
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(2) |
Anything in this section to the
contrary notwithstanding, the Commissioner may if he feels it is justified,
after consultation with the Authority, reduce or waive the registration fee
payable on the registration of any vessel under this
Act. |
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(3) |
There shall be an annual tonnage
tax per net ton: Provided, however, that as to any vessel of less than 500 net
tons registered under this Act, the registration fee and annual tonnage tax
shall be equal to that required for a vessel of 500 net
tons. |
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(4) |
All unpaid tonnage taxes and all
other charges (not to exceed 10,000 dollars) due to the office of the
Commissioner or Deputy Commissioner shall constitute a maritime lien on the
vessel second only to liens for wages and
salvage. |
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(5) |
Tonnage taxes may be reviewed
annually, provided that where an increase is made it shall not take effect until
the first day in January in the year next following such
increase. |
19.
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(1) |
Except as herein
otherwise provided, the annual tonnage tax on vessels provided for in section 18
shall be due on the first day in January in each year and may be paid in 2 equal
instalments, the first of which is payable on the first day in January and the
second on the first day in July. |
|
(2) |
Upon failure to pay the
tonnage tax as provided in subsection (1), the Commissioner or any Deputy
Commissioner may invalidate the Certificate of Registry of the vessel with
respect to which such tax is payable. |
|
(3) |
No Certificate of
Registry, either permanent or provisional, shall be issued for a vessel not
previously registered under the provisions of this Act, unless a sum equal to
the tonnage tax for 1 year is paid in respect of the vessel. In the case of a
vessel initially registered, the amount payable on the first day of January of
the year immediately following the date of its initial registration shall be
computed at the rate of 0.25 dollars per net ton for the year remaining between
the first anniversary of the date of its initial registration and the close of
the calendar year. |
|
(4) |
No bareboat charter
certificate of registry shall be issued for a vessel registered under section
17(1)(c) of this Act unless a sum equal to 2 years annual tonnage tax as
provided in section 18 is paid upon registration. |
|
(5) |
The Commissioner and
each Deputy Commissioner are authorised to collect the tonnage tax and to issue
receipts therefor. |
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(6) |
Unless otherwise
provided, all fees payable under this Act or any regulation made thereunder
shall be paid in advance on or before 1 January of the year in respect of which
such fees are due. If payment is not made before 31 March of such year the
Certificate of Registry of the vessel in question may be suspended until all
outstanding fees and penalties for late payment thereof are
paid. |
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(7) |
All unpaid tonnage
taxes, fees and other charges including penalties owing under this Act or
regulations made thereunder shall constitute a maritime lien on the vessel in
respect of which such amounts are due, and such lien shall have priority over
all others save those for wages and salvage. |
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(8) |
No Certificate of
Registry shall be returned to the Master of a vessel by an officer of Vanuatu
with whom it may have been deposited under proof is furnished that the annual
tonnage tax and annual fees for the then current year and any penalties owing
under this Act have been paid. |
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(9) |
(a) |
Any vessel which is withdrawn from
service and laid up for one year or more shall, subject to any condition
prescribed under paragraph (b), be exempted from payment of annual tonnage tax
under section 18 in respect of each succeeding year during the period of such
withdrawal.
Upon the re-entry of service by such vessel the tonnage tax due
and payable by such vessel shall be computed pro-rata from the date of such
re-entry for the remainder of that calendar year. |
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98 |
|
(b) |
The Authority may prescribe the
conditions subject to which any vessel may be exempted under paragraph (a). |
20.
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89 |
Upon receipt of a
written application of an owner of a vessel eligible for documentation under the
provisions of this Act requesting the issuance of a Certificate of Registry for
the vessel, accompanied by the declaration required by section 21, the
Commissioner or any Deputy Commissioner, upon payment of the prescribed fees,
may issue a permanent Certificate of Registry for the vessel provided that the
owner furnishes proof satisfactory to the issuing officer
- |
|
(a) |
as to his ownership of the vessel; |
|
(b) |
that any foreign marine document
for the vessel has been surrendered with the consent of the government that had
issued it, or that it has been legally cancelled; |
|
(c) |
that the vessel is in a seaworthy
condition; |
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89 |
(d) |
that the owner has paid the
registration fees due in respect of the vessel; |
|
(e) |
that the markings of name,
official number, net tonnage or tonnages, home port and draft required by
section 42 have actually been made; |
|
(f) |
that a certificate of measurement
as required by section 23 has been
issued. |
21.
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(1) |
In order to document a vessel, the
owner, managing owner, part owner, or his agent, authorised by power of
attorney, where such vessel is owned by individuals, or, in the case of a
corporate owned vessel, a director, secretary or assistant secretary of the
corporation or other officer or agent authorised in writing shall make a
declaration declaring the name of the vessel; its net tonnage or tonnages; the
place where built; the name and residence of any other owner and his
citizenship; each owners proportion; the name of the affiant and his
citizenship. |
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(2) |
Repealed 26 June 1989. |
| 8 of
89 |
(3) |
The names of the persons owning
shares in an incorporated company owning such vessel need not be stated. The
declaration of any other person interested and concerned in the vessel shall not
be required. An agent or attorney who purchases any vessel shall make a
declaration with respect to the ownership of the vessel and shall declare that
he is the agent or attorney for the owner and in such capacity has made such
purchase in good faith. |
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(4) |
Notwithstanding section 6,
whenever the document of any vessel is lost or destroyed the master or other
person in command may make the following declaration before any consular or
diplomatic officer or any officer appointed by the Authority , or by the
Commissioner or a Deputy Commissioner at or nearest to the port where the vessel
is first located after such loss or destruction. |
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89 |
|
"I, (insert the name of the
person swearing) being master or in command of the (insert type of vessel) or
vessel called the (insert the name of vessel) Official No. (insert number) owned
by (insert name of owner) of (insert domicile of the owner) do declare that the
said vessel has been, as I verily believe, registered according to the laws of
Vanuatu by the name of (insert again name of vessel), and that a permanent (or
provisional) Certificate of Registry bearing no. (insert number of lost
Certificate) was issued for such vessel pursuant to the laws of Vanuatu at
(insert place of issuance of lost Certificate) on (insert date of issuance of
lost Certificate) which Certificate has been lost (or destroyed); and that the
same, if found, and within my power, will be delivered up to the Commissioner or
Deputy Commissioner." |
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(5) |
When an declaration is made as
provided in subsection (4), the officer or person taking such declaration shall
grant to the vessel a temporary provisional document of registry and insert
therein that it is issued in lieu of the one lost or destroyed. Such officer or
person shall forthwith send to the Commissioner or to any Deputy Commissioner a
written notice, accompanied by a copy of the declaration, advising that such
declaration has been made and such temporary provisional document issued. Upon
receipt of such notice the Commissioner or such Deputy Commissioner upon being
satisfied that the vessel is entitled to a Certificate of Registry, may grant a
new Certificate of Registry, identical to that which was lost or destroyed. As
soon as practicable after the issuance of such Certificate of Registry, the
temporary provisional document hereinbefore referred to shall be surrendered to
the Commissioner or to a Deputy Commissioner for
cancellation. |
| 22. |
A vessel shall not be permanently
registered until measured by a person appointed by the Commissioner or by the
Deputy Commissioner. A vessel registered under this Act shall not be required to
be measured anew unless her burden has been
changed. |
| 23. |
The person or agent appointed
under section 22 to measure a vessel shall certify, specifying the building of
the vessel, number of decks and masts, length, breadth, depth, tonnage or
tonnages, and such other particulars usually descriptive of the identity of a
vessel, and that the markings required by section 42 have actually been made. |
| 24. |
The Minister on the recommendation
of the Commissioner shall by Order prescribe the
method of measurement for
all vessels registered under this
Act. |
| 25. |
The "Recommendations on the
Treatment of ShelterDeck and other 'Open' Spaces", adopted on 18 October 1963,
by the Assembly of the Intergovernmental Maritime Consultative Organisation, are
hereby adopted and the Minister on the recommendation of the Commissioner may
issue Orders for the purpose of effectuating those Recommendations. |
| 26. |
(1) |
Each ship's Certificate of
Registry shall state the gross and net tonnage or tonnages determined in
accordance with such rules and regulations as the Commissioner may prescribe. |
|
(2) |
Upon application by the owner or
master of a vessel registered under this Act engaged in foreign trade, the
Commissioner or his duly authorised agent may attach to the document an appendix
for use in foreign ports, stating separately, the measurement of such space or
spaces as are there permitted to be deducted from gross tonnage or tonnages. |
| 27. |
The Minister on the recommendation
of the Commissioner shall prescribe and furnish forms of bareboat charter,
provisional and permanent Certificates of Registry and other ship documents; and
may prescribe forms of endorsements that may be made on ship documents from time
to time, without issuance of a new document or surrender of the old document, to
show liens and encumbrances. |
| 28. |
The Commissioner or his duly
authorised agent shall progressively number the licences and Certificates of
Registry, respectively, granted by him, beginning anew at the commencement of
each year, and shall make a record thereof in a book kept for that purpose.
Bareboat charter Certificates of Registry shall be assigned a separate series of
numbers as the Commissioner or his duly authorised agent stipulates. He shall
also retain permanently copies of all such documents issued by or surrendered to
him. |
| 29. |
(1) |
Upon compliance with the
provisions set forth in section 30, a provisional Certificate of Registry may be
issued by the Commissioner or any Deputy
Commissioner, by a Vanuatu consular
or diplomatic officer or consular agent upon direction by the Commissioner or
any Deputy Commissioner, or by any other person designated by the Minister, to
vessels abroad which are to be documented under the flag of Vanuatu. |
|
(2) |
Copies of provisional Certificates
of Registry issued by persons other than the Commissioner or Deputy Commissioner
shall be furnished as soon as practicable by the issuing officer to the
Commissioner and all Deputy Commissioners. |
|
(3) |
Unless sooner invalidated, a
provisional Certificate of Registry shall entitle the vessel to the privileges
of a vessel of Vanuatu in the foreign trade until the expiration of 1 year from
its date. |
|
(4) |
The Commissioner or his duly
authorised agent shall prescribe the conditions in accordance with which
provisional Certificates of Registry shall be issued and renewed and the manner
in which they shall be surrendered in exchange for permanent Certificates of
Registry. |
| 30.
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(1) |
Upon receipt by the
Commissioner or Deputy Commissioner of a written application of an owner of a
vessel eligible for documentation under the provisions of this Act requesting
the issuance of a Certificate of Registry for
the vessel, accompanied by the
declaration or declarations required by section 21, and upon payment of the
prescribed fees to the officer receiving such application, the Commissioner or
any Deputy Commissioner or any issuing official listed in section 29(1) may
issue a provisional Certificate of Registry for the vessel, provided the owner
shall furnish proof satisfactory to the officer receiving such application-- |
|
|
(a) |
as to his ownership of the vessel; |
|
|
(b) |
that if there is an outstanding
foreign marine document for the vessel, the government that had issued it has
consented to its surrender and that either the marine document has been
surrendered for cancellation or that the owner has issued orders to the master
of the vessel to surrender the foreign marine document for cancellation
immediately upon receipt of the provisional Certificate of Registry on board the
vessel; or that the outstanding document has been legally cancelled; |
|
|
(c) |
that the vessel is in a seaworthy
condition; |
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|
(d) |
that the owner has paid the
registration fees due in respect of the vessel being the initial registration
fee; |
|
|
(e) |
that the markings of name,
official number, net tonnage or tonnages, home port and draft required by
section 42 have either actually been made or that the owner has issued orders to
the master of the vessel to have such markings made immediately upon receipt of
the Vanuatu provisional Certificate of Registry on board the vessel. |
|
(2) |
Unless the owner within
30 days after issuance of the provisional Certificate of Registry shall furnish
satisfactory proof to the officer to whom the application for documentation has
been presented, showing that the vessel's outstanding foreign marine document
has actually been surrendered for cancellation and that the markings required by
section 42 have actually been made, or if before such 30 day period it is
established that any of the obligations hereunder will not or cannot be complied
with, such officer may declare the provisional Certificate of Registry to be
null and void. |
|
(3) |
As soon as reasonably
practicable after admeasurement of the vessel and the surrender for cancellation
of any outstanding foreign marine document for the vessel and the making of the
markings required by section 42 a permanent Certificate of Registry shall be
issued in place of any provisional Certificate theretofore issued, and such
provisional Certificate shall be surrendered as promptly as circumstances permit
to the Commissioner or Deputy Commissioner. When the permanent Certificate of
Registry is issued after the issuance of a provisional Certificate, the charges
originally paid shall be adjusted in accordance with the tonnage established by
the certificate of measurement. |
|
(4) |
For good cause shown the
Commissioner or any Deputy Commissioner may, from time to time, renew a
provisional Certificate of Registry for a period not exceeding 1 year. |
31.
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89 |
(1) |
Anything in this Act to
the contrary notwithstanding, a bareboat charterer of a vessel registered in a
foreign registry may, where permitted by that foreign registry, obtain a
bareboat charter certificate of registry for a period not exceeding five years,
on payment of a prescribed fee and upon presentation to the Commissioner or
Deputy Commissioner of the following - |
|
|
(a) |
a written application; |
|
|
(b) |
a copy of the charterparty in a
form satisfactory to the Commissioner or Deputy Commissioner and certified as
true and correct by any person permitted to take oaths under section 21; |
|
|
(c) |
proof of ownership, and consent of
the registered owner of the vessel; |
|
|
(d) |
consents of holders of all
mortgages, hypothecations or similar charges against the vessel in the foreign
registry; |
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89 |
|
(e) |
repealed 26 June 1989; |
|
|
(f) |
written consent of the country of
registry, or presentation of satisfactory evidence that such consent is not
required; |
|
|
(g) |
a certificate of ownership and
encumbrance, transcript of registry, or other such document from the foreign
registry showing all recorded liens and
encumbrances. |
|
(2) |
During any period in
which a vessel carries a bareboat charter Certificate of Registry, at no time
shall a document indicating a transfer of ownership be recorded against the
vessel in the record books maintained at the office of the Commissioner or
Deputy Commissioner. Any mortgage, hypothecation or similar charge, or document
related thereto, which is at any time recorded in the foreign registry shall be
recorded in the office of the Commissioner or Deputy Commissioner as provided
for in subsection (3). |
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(2A) |
Any mortgage,
hypothecation or similar charge related to any vessel in respect of which a
bareboat charter certificate of registry is issued, may be created only by the
owner of that vessel in accordance with the laws of the Nation where the vessel
is registered. |
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(3) |
Copies of mortgages,
hypothecations or charges referred to in subsection (l)(d) shall upon payment of
the prescribed fee be recorded in the same order as recorded in the foreign
registry in a bareboat charter mortgage book maintained at the office of the
Commissioner or Deputy Commissioner. Two certified copies of the recorded
document shall be furnished to the bareboat charterer 1 of which is to be placed
upon and retained on board the vessel. All such foreign mortgages,
hypothecations and charges shall have preferred status as under section 64. |
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(3A) |
The Commissioner or the
Deputy Commissioner may waive the requirement of recordation of any mortgage,
hypothecation or similar charge under subsection (2) or (3), upon obtaining the
written consent of the registered owner and the bareboat charterer of the vessel
and of the holders of all the mortgages, hypothecation or similar charges
against such vessel. |
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(3B) |
Where a waiver is
provided in accordance with subsection (3A) of this section and any document
presented under paragraph (g) of subsection (1) shows any lien or encumbrance on
the vessel, the following endorsement shall be made on the provisional and
permanent bareboat certificates of registry:- |
|
|
"This bareboat charter
certificate of registry has been issued in accordance with section 30A of the
Vanuatu Maritime Act, No.8 of 1981. Pursuant to subsection (3A) of that section,
the requirement of recordation of any mortgage, hypothecation or similar charge,
recorded in the foreign registry in which the vessel is registered, has been
waived. Notwithstanding such waiver such mortgage, hypothecation or similar
charge shall have preferred status under and subject to section 62 of the said
Act. The primary jurisdiction of the registry in which the vessel is registered
is ............................" |
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(4) |
Where permitted by the
foreign registry, a bareboat charter certificate of registry may be extended for
a period of five years upon filing, prior to the expiration of the current
certificate, an application, together with a copy of the charterparty, a
certificate of ownership and encumbrance or transcript of registry, and the
written consents of all mortgagees with the Commissioner or Deputy Commissioner
and upon payment of the prescribed fees and
taxes. |
|
(5) |
A bareboat charter
Certificate of Registry may be cancelled prior to its date of expiration upon
presentation to the Commissioner or Deputy Commissioner of the following-- |
|
|
(a) |
written consent of all holders of
record of any mortgage, hypothecation or other charge on the vessel; |
|
|
(b) |
written consent of the owner; |
|
|
(c) |
written consent of the bareboat
charterer; and |
|
|
(d) |
surrender of the bareboat charter
Certificate of Registry and the radio licence for
cancellation. |
|
|
If the vessel is sold or
transferred during the time it carries a bareboat charter Certificate of
Registry, the Certificate shall become null and void at the time of the sale or
transfer and must be surrendered for cancellation within 30 days or such further
time as may be allowed by the Commissioner or Deputy
Commissioner. |
|
(6) |
The bareboat charterer
of a Vanuatu vessel may register the vessel in a foreign jurisdiction, where
permitted by that jurisdiction, upon obtaining written consent of the
Commissioner or Deputy Commissioner, which may be granted upon presentation of
the following-- |
|
|
(a) |
written consent of the owner; |
|
|
(b) |
written consent of all holders of
record of any mortgage, hypothecation or other charges recorded in the offices
of the Commissioner and Deputy Commissioner; |
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|
(c) |
deleted 26 June
1989 |
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89 |
|
(d) |
a copy of the foreign document,
certified as true and correct, to be submitted by the bareboat charterer within
30 days following registry in the foreign
jurisdiction. |
| 32. |
The Commissioner or his agent or
consular or diplomatic officer shall not grant a document or issue papers to any
vessel until all applicable provisions of this Chapter have been complied with. |
33.
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89 |
(1) |
Where an owner of a vessel
registered in a foreign registry is prevented from, or incurs inordinate delay
in, complying with any of the requirements of sections 20(b), 29(1), 30(1)(b)
and 31 because of abnormal conditions existing in the country of foreign
registration the Commissioner or Deputy Commissioner may waive such
requirements. |
|
(2) |
Unless the owner within 30 days
after issuance of the provisional Certificate of Registry shall furnish
satisfactory proof to the officer to whom the application for documentation has
been presented, showing that the vessel's outstanding foreign marine document
has actually been surrendered for cancellation and that the markings required by
section 42 have actually been made, or if before such 30 day period it is
established that any of the obligations hereunder will not or cannot be complied
with, such officer may declare the provisional Certificate of Registry to be
null and void. |
|
(3) |
As soon as reasonably practicable
after admeasurement of the vessel and the surrender for cancellation of any
outstanding foreign marine document for the vessel and the making of the
markings required by section 42 a permanent Certificate of Registry shall be
issued in place of any provisional Certificate theretofore issued, and such
provisional Certificate shall be surrendered as promptly as circumstances permit
to the Commissioner or Deputy Commissioner. When the permanent Certificate of
Registry is issued after the issuance of a provisional Certificate, the charges
originally paid shall be adjusted in accordance with the tonnage established by
the certificate of measurement. |
|
(4) |
For good cause shown the
Commissioner or any Deputy Commissioner may, from time to time, renew a
provisional Certificate of Registry for a period not exceeding 1 year. |
| 34. |
A document shall be used solely
for the vessel for which it is granted, and it shall not be sold, lent, or
otherwise disposed of to any
person. |
| 35. |
A registered vessel sold or
transferred in whole or in part while without Vanuatu, but without change of
flag, shall comply with the provisions of this Chapter relating to the
documentation of vessels and a new document shall be
obtained. |
| 36. |
The owner of a documented vessel
who desires to transfer the vessel to a foreign registry may do so provided that
there are no unfulfilled obligations owing to the Republic of Vanuatu in respect
of the vessel. Before such transfer is accomplished the registered owner shall
surrender the ship's document to the Commissioner or his duly authorised agent
or to a consular or diplomatic officer of
Vanuatu. |
| 37. |
Before a Certificate of Registry
shall be accepted for surrender, the registered owner shall submit to the
Commissioner or Deputy Commissioner a written application specifying the name of
the vessel, the reasons for the proposed surrender, the name and nationality of
the proposed new owner, if any, and, if a transfer to foreign registry is
contemplated, the name of the country to whose registry transfer is desired. |
| 38. |
(1) |
If a registered vessel is lost,
taken by an enemy, burned, broken up, or otherwise prevented from returning to
the port to which she may belong, the Certificate of Registry if preserved,
shall be delivered up within 8 days after the arrival of the master or person in
command, to the Commissioner or his authorised
agent. |
|
(2) |
When an application is made for
new registry of a vessel, its former Certificate of Registry shall be delivered
up to the Commissioner or his duly authorised agent to whom such application IS
made. |
|
(3) |
Where a Certificate of Registry is
granted in lieu of one lost, the lost Certificate, if found, shall be delivered
up to the Commissioner or his duly authorised agent who shall thereupon cancel
it. |
39.
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89 |
The Certificate of Registry of a
vessel subject to a preferred mortgage shall not be accepted for surrender
without the consent of the mortgagee except in the case of a provisional
Certificate of Registry for the purpose of issuing a Permanent Certificate. |
| 40. |
(1) |
Whenever a documented vessel is
sold transferred wholly or partly, without change of flat, or is altered in form
or burden, by being lengthened or build upon, or from one denomination to
another, by the mode or method of rigging or fitting, she shall be documented
anew, by her former name.
Every such sale of transfer shall be evidenced by a
written instrument in the nature of a bill of sale reciting the entire
Certificate of Registry. Otherwise the vessel shall not be documented anew. |
|
(2) |
In cases of a combination vessel
that can be sued either for the carriage of liquid cargo in bulk or dry cargo in
bulk, if the Certificate of Registry shows the vessel in the condition or use
providing the greater net and gross tonnage and has attached thereto an addendum
showing the vessel in the other condition or use with the lesser gross and net
tonnage, then a change of a vessel from one condition or use to the other, would
not require the vessel to be documented anew. |
|
(3) |
When the Commissioner or his duly
authorised agent determines that any vessel has been sold or transferred by
process of law, and that her document is retained by the former owner, he may
grant a new document, under such sale, upon the owner complying with the
requirements of this Chapter, excepting only the delivering up of the former
document. This subsection shall not remove the liability of any person to any
penalty for not surrendering the papers belonging to any vessel on a transfer or
sale of such vessel. |
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(4) |
Any vessel required to be
documented anew which is not so documented shall not be deemed a vessel of
Vanuatu. If a former document has not been delivered up, except where it has
been lost or destroyed and the declaration in respect thereof has been made the
owner of such vessel shall be liable to a fine of not more than 500 dollars. |
| 41. |
In order for the first
time to register a vessel newly built and previously undocumented under any
flag, the builders by whom or under whose direction the vessel has been built,
shall certify as follows - |
|
(a) |
that it was built by him or under
his direction; |
|
(b) |
the place where built; |
|
(c) |
the time when
built; |
|
(d) |
the person for whom built; |
|
(e) |
build; |
|
(f) |
number of decks and masts; |
|
(g) |
length; |
|
(h) |
breadth; |
|
(i) |
depth; |
|
(j) |
tonnage or tonnages; and |
|
(k) |
such other circumstances as are
usually descriptive of the identity of a
vessel. |
| 42. |
(1) |
Every documented vessel shall have
her name marked upon each bow and upon the stern. The home port of the vessel
shall also be marked upon the stern. These names shall be painted or guilded, or
consist of cut or carved or cast Roman letters in light colour on a dark
background, or in a dark colour on a light background, secured in place and
distinctly visible. The smallest letters used shall not be less than 4 inches in
size. If any such vessel is found without these names being so marked, the owner
shall be liable to a fine of 10 dollars for each name
omitted. |
|
(2) |
Each vessel of Vanuatu, in
addition to having her name painted on her stern, shall have such name
conspicuously placed in distinct plain letters of not less than 6 inches in
length, on each side of the pilot house, if any, and in case the vessel has
sidewheels, also on the outer side of each wheelhouse. Any such vessel found
without having her name so marked shall be subject to a fine of 10 dollars for
each marking omitted. |
|
(3) |
The Commissioner or his duly
authorised agent may prescribe a system of numbering documented vessels. The
designated number and the net tonnages of each vessel shall be carved deeply or
otherwise marked permanently on her main beam. If at any time such vessel ceases
to be so marked, she shall be liable to a fine of 30 dollars on every arrival in
Vanuatu. |
|
(4) |
The draft of every registered
vessel shall be marked upon the stern post, in English feet or in decimetres, in
either Arabic or Roman numerals. The bottom of each numeral shall indicate the
draft to that
line. |
| 43. |
Upon the initial registration
(either permanent or provisional) of a vessel, the Com missioner either directly
or through the Deputy Commissioner issuing the Certificate, shall assign to the
vessel an official number. |
| 44. |
(1) |
The Commissioner or his duly
authorised agent may change the name of a vessel of Vanuatu on application of
the owner. |
|
(2) |
The Commissioner or his agent
shall establish necessary rules and regulations and procure necessary evidence
as to age, condition, where built, and pecuniary liability of the vessel so as
to prevent injury to public or private interest. Upon granting permission the
Commissioner or his agent shall cause the order for changing of name to be
published in the Vanuatu Gazette. The person desiring the change of name shall
pay the cost of procuring evidence and
advertising. |
|
(3) |
A fee of 200 dollars shall be
payable by the owners of vessels for securing such changes of name. |
|
(4) |
Whenever the name of a vessel of
Vanuatu is changed, or any device, advertisement, or contrivance is used with
intent to deceive as to its true name or character, such vessel shall be
forfeited. |
| 45. |
Any officer concerned in the
collection of revenue may at all times inspect the document of a vessel. A
master who fails to exhibit the same, when required by such officer shall be
liable to a fine of 100 dollars, and if his failure is wilful shall be liable to
a fine of not more than 1,000 dollars, or to imprisonment for not more than 1
year, or to
both. |
| 46. |
(1) |
Upon arrival during customary
business hours of a documented vessel at any foreign port where there is located
the principal consular office of a Vanuatu consul or vice consul, the master,
ship's agent or other authorised person shall, upon request of such consul or
vice consul display to him, without payment of any fee, the vessel's Certificate
of Registry and annual tonnage tax receipt. |
|
(2) |
Where a request has been made and
the ship's papers have not been properly displayed, the vessel shall not be
detained therefor by the Vanuatu consul or vice consul making the request, but
he shall immediately notify the Commissioner or a Deputy Commissioner of such
noncompliance. |
|
(3) |
Subsection (1) shall not apply to
a vessel whose papers have been displayed in a foreign port within the previous
90 days. |
|
(4) |
Whether local port regulations do
or do not require clearance of a vessel from a Vanuatu consul or vice consul, it
shall not be required in relation to such clearance that the signing on or off
of crew or the execution of any ship's papers or documents be done before a
Vanuatu consul or vice consul, or that any ship's papers or documents be
witnessed, visaed, stamped or otherwise legalized by a Vanuatu consul or vice
consul. |
47.
8 of
89 |
(1) |
If any owner, agent, or
attorney commits the offence of forgery under the Penal Code Act, No. 17 of
1981, to obtain documentation of a vessel or commits an offence under subsection
(3) of this section, in relation to any vessel, such vessel, her tackle, apparel
and furniture shall be forfeited, or the value thereof recovered from such
person. |
|
(2) |
Any person who is guilty
of an offence under subsection (1) or (3) shall be liable to a fine of not
exceeding 100,000 Dollars or to imprisonment for a term not exceeding 10 years
or to both:
Provided the provisions of this subsection shall not apply in
relation to the owner, agent or attorney, if forfeiture is made under subsection
(1) of this section. |
|
(3) |
Any person who in the
case of any declaration made under this Act - |
|
|
(a) |
wilfully makes, or assists in
making, or procures to be made any false statement;
or |
|
|
(b) |
utters, produces or makes use of
any declaration or document containing any such false statement knowing such
declaration or document to contain a false
statement, |
|
|
shall be guilty of an
offence. |
| 48. |
The Minister on the recommendation
of the Commissioner may make such rules and regulations, not inconsistent with
the provisions of this Act, for the registration, identification and regulation
of transfers of vessels as he may deem to be in the best interests of the
Vanuatu merchant marine and the domestic and foreign commerce of the nation. |
| 49. |
The Minister on the recommendation
of the Commissioner may from time to time by Order establish standards of
seaworthiness required for the registration of vessels and may appoint
classification societies or others to determine any questions involved. |
|
|
|
Document Processing Time |
Seafarer documents
| 5 Business days
| Registration documents
| Same day
| Exemptions certificates
| Same day
| | Updated July 03, 2008 |
|
|
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