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Shipping Licence Ordinance 1963

COOK ISLANDS

SHIPPING LICENCE ORDINANCE 1963

ANALYSIS

Title

1. Short title and commencement
2. Interpretation

PART I - LICENCES

3. Necessity for and number of licences
4. Application for licences
5. Duration of licence
6. Revocation of licence
7. Licences may be varied
8. Appeal against revocation of a licence
9. Form of licence
10. Transfer of licence

PART II - OFFENCES AND PENALTIES

11. Penalty for not obtaining a licence

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1963, No. 1

An Ordinance of the Legislative Assembly of the Cook Islands to control the issue of licences permitting ships to engage in the carriage of passengers and goods principally within the Cook Islands.

(29 November 1963.)

BE IT ENACTED by the Parliament of the Cook Islands in Session assembled and by the authority of the same as follows:

1. Short title and commencement - (1) This Ordinance may be cited as the Cook Islands Shipping Licence Ordinance 1963.

(2) This Ordinance shall come into force on the first day of January 1964.

2. Interpretation - In this Ordinance unless the context otherwise requires-

"Executive Committee" means the Executive Committee of the Cook Islands established under Part I of the Cook Islands Amendment Act 1957;

"[High Commissioner]" means the [High Commissioner] of the Cook Islands appointed under Part I of the Cook Islands Amendment Act 1957 and includes a Deputy [High Commissioner] of the Cook Islands lawfully acting as such;

"Ships" means any vessel engaged in the carriage of passengers or of goods principally within the Cook Islands;

"The Cook Islands" means the Cook Islands as defined in Part I of the Cook Islands Amendment Act 1957.

PART I - LICENCES

3. Necessity for and number of licences - (1) No ship shall be permitted to operate within the Cook Islands unless its owner has been granted a licence for the ship in terms of this Ordinance.

(2) All licences shall be granted by the [High Commissioner] with the consent and approval of the Executive Committee.

(3) The number of licences which may be issued shall at any one time not exceed three in number.

(4) All licences under this Ordinance shall be granted subject to such conditions as may be specified therein.

4. Application for licences - (1) Every owner who desires to obtain a licence under this Ordinance shall make application to the [High Commissioner] and shall state in the application-

(a) The name of the ship;

(b) The name of the port where the ship is registered;

(c) The full name and address of the owner;

(d) The registered or authorised tonnage;

(e) Whether or not a current classification certificate, a current load-line certificate and adequate stability information for the vessel are held.

(2) Every owner shall furnish any additional information and documents concerning the ship that the [High Commissioner] may request.

5. Duration of licence - Every licence shall be issue or such term as the [High Commissioner] acting with the approval and consent of the Executive Committee may determine.

6. Revocation of licence - (1) Every licence may be revoked in writing by the [High Commissioner] acting with the approval and consent of the Executive Committee.

(2) Without limiting in any way the powers contained in sub-section (1) any licence may be revoked by the [High Commissioner] acting with the approval and consent of the Executive Committee if the owner to whom the licence is issued fails to comply with any condition attached to the licence.

7. Licences may be varied - The [High Commissioner] acting with the approval o the Executive Committee may by notification in writing vary the conditions of any licence.

8. Appeal against revocation of a licence - Any owner who feels aggrieved by a decision made under Section 6 may appeal against the decision to a Judge of the High Court who may alter, modify or revoke any such decision and whose decision shall be final.

9. Form of licence - Every licence shall be in writing an in such form as the [High Commissioner] may determine.

10. Transfer of licence - It shall be lawful for the [High Commissioner] acting with the approval and consent of the Executive Committee to approve of the transfer of a licence.

PART II - OFFENCES AND PENALTIES

11. Penalty for not obtaining a licence - Any person who operates a ship in the Cook Islands without obtaining a licence in accordance with the provisions of this Ordinance commits an offence and shall be liable to a fine not exceeding one hundred pounds and, in addition, shall be liable to a fine not exceeding twenty pounds for every day or part of a day during which the offence continues.

[In this Ordinance the words "High Commissioner" were substituted for the words "Resident Commissioner" by S. 3(4) of the Cook Islands Amendment Act 1965.]

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