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Fiji Sessional Legislation |
FIJI
MARINE
ACT, 1986
(ACT NO.35 OF
1986)
___________
MARINE (CERTIFICATES OF COMPETENCY (QUALIFICATIONS FOR ENTRY TO EXAMINATIONS) (DECK OFFICERS) REGULATIONS, 1989
IN exercise of
the powers conferred upon me by sections 98, 99, 143 and 212 of the Marine Act,
1986, I have made the following Regulations-
Short title
1. These Regulations may be cited as the Marine
(Certificates of Competency (Qualifications for Entry to Examinations) (Deck
Officers))
Regulations, 1989.
Object
2. These Regulations prescribed the qualifications an
applicant must posses and the other prerequisites that must be complied with
before an applicant can be permitted by the Marine Board to enter for an
examination for certain supplementary courses leading to
a qualification for a
grade of certificate of competency as a deck officer.
Regulations to be read as one
3. -(1) These Regulations are to be read as one with the
Marine (Certificates of Competency and Manning of Vessels) (General)
Regulations,
1989, and the other Regulations referred to in those
Regulations.
(2) In particular words and phrases defined in the Marine
(Certificates of Competency and Manning of Vessels) (General) Regulations,
1989
have the same meaning when used in these Regulations.
Qualifications and other prerequisites required for entry to examinations for certificates of competency as deck officer
4. Subject to regulation 9, the qualifications that a
person must posses and the other prerequisites that must be complied with before
the Marine Board can permit him to enter for an examination leading to a
qualification for a grade of certificate of competency as
a deck officer are
those specified under that grade of certificate as set out in the
Schedule.
Service in naval, fishing and other non-trading vessels
5. -(1) Subject to subregulations (3), (4) and (5), where
a person has completed seagoing service in a non-trading vessel, that service
shall be assessed by the Marine Board to determine whether, in the Board's
opinion, that person has sufficient qualifying seagoing
service to entitle him
to enter for an examination leading to a qualification for a grade of
certificate of competency as a deck
officer.
(2) in carrying out an
assessment under subregulation (1) the Marine Board shall have regard to the
type of qualifying seagoing service
required in respect of entitlement to be
admitted to the relevant examination and the reason for that
requirement.
(3) Where a person has completed seagoing service mainly in
a naval vessel or a military vessel operated for defence purposes and
has, in
addition, served at least 12 months' seagoing service in a deck capacity in a
trading vessel, his seagoing service in the
naval or military vessel shall be
deemed to be qualifying service for the purposes of his being admitted to an
examination leading
to a qualification for a Grade 2 (Mate), Grade 3 (Mate),
Grade 4 (Mate) or a Grade 5 (Mate) certificate of competency.
(4) Where a
person has completed seagoing service in a fishing vessel and has in addition,
served at least 12 months' seagoing service
in a deck capacity in a trading
vessel, the marine Board may deem his seagoing service in the fishing vessel to
be a qualifying service
for the purpose of his being admitted to an examination
leading to a qualification for a Grade 4 (Master), Grade 5 (Master), Grade
3
(Mate), Grade 4 (Mate) or a Grade 5 (Mate) certificate of competency.
(5)
Subject to subregulation (6), a person's seagoing service in a trading vessel
under 10 metres in length is not qualifying seagoing
service for the purpose of
being admitted to an examination leading to a qualification for a certificate of
competency as a deck
officer unless that service was served under the command of
a master holding at least a Grade 5 (Master) certificate of
competency.
(6) A person's seagoing service in a trading vessel under 10
metres in length is qualifying sea service for the purpose of being admitted
to
an examination leading to qualification for sailing licence.
(7) To
enable the Marine Board to make an assessment under sub-regulation (1), (3) or
(4) the applicant shall provide to the Board
full details of his seagoing
service, of the position he held and of the duties he performed.
Remission of qualifying seagoing service, etc.
6. -(1) Subject to sub-regulation (3), the Marine Board
may, in certain cases, remit the period of qualifying seagoing service required
by a person for the purposes of being entitled to be admitted to an examination
leading to a qualification for a grade of certificate
of competency as a deck
officer where that person has completed an approved course at the School of
Maritime Studies, Fiji Institute
of Technology.
(2) Subject to
sub-regulations (3) and (4), the remission which the Marine Board may allow
under sub-regulation (1) in respect of
a person applying to undertake an
examination leading to a qualification for a grade of certificate of competency
specified in column
1 of the following Table shall not exceed the period
specified against that grade in column 2 of the Table.
TABLE
|
Grade
|
Maximum period of
remission permitted
|
|
Grade 1(Master)
|
12 months Deck department watchkeeping service
|
|
Grade 2 (Master)
|
12 months Deck department watchkeeping service
|
|
Grade 3 (Master)
|
12 months Deck department watchkeeping service
|
|
Grade 4 (Master)
|
12 months Deck department watchkeeping service
|
|
Grade 1 (Mate)
|
6 months Deck department watchkeeping service
|
|
Grade 2 (Mate)
|
6 months Deck department watchkeeping service
|
|
Grade 3 (Mate)
|
12 months Deck department service
|
|
Grade 4 (Mate)
|
12 months Deck department service
|
SCHEDULE 3
Reg. 4(1)
BOUNDARIES OF SHORT COASTING SERVICE AREAS
1. Viti
Levu
The sea area bounded on the landward side by the main island
and on the seaward side by the inside edge of-
(a) Suva Harbour outer reef to Nukulau Island to the Rewa River;
(b) Tomberua Passage to Moturiki, then the east and north coasts of Ovalau to Levuka;
(c) then north coast of Levuka along the 100 fathom contour to Nananu Passage to Manava Passage to Ba Passage;
(d) the reef from Ba Passage to Vomo Island, then a straight line to the northern most of the Mamanuca Islands, the Mamanuca Reefs, the Malolo Barrier Reef to Navula Reef Light, to Uverite Point;
(e) Serua Hr. to Beqa Reef to Navua River.
2.
Vanua Levu
The sea area bounded
on the landward side by the main land and on the seaward side by the inside edge
of-
(a) the 100 fathom line of the Somosomo Strait and the Rabi Channel, the Taxas Reef then a straight line on a bearing of 260 True, to the main land;
(b) the reef from Udu Point to Sausau Passage, to Mali Passage, to Kia Island to Yagagaga Island, than within 1 mile of the main land to Bua Bay, then a straight line to Vuya Passage of the Namena Barrier Reef, then following the Namena Barrier Reef to Nasonisoni Passage to Nayavu Passage;
(c) Savusavu Bay.
3.
Taveuni
The sea area bounded on
the landward side by the Main Island and on the seaward side by the 100 fathom
line from Vuna Reef Light to
Black Point, then a line 1 mile from the reef to
north end of Taveuni, then to the inside of the reef surrounding the Laucala
Island
only.
_______________________
Vanua Levu to
Taveuni
A two mile wide sea area at the narrowest point of the
Somosomo Straight between the two sea areas defined in 2 and 3
above.
Note 1: There is no
Short Coasting Service area joining Viti Levu to Vanua Levu, Suva to Beqa, or
Savusavu Eastwards to Somosomo.
Note
2: The short coasting service areas are shown, for the purposes of
identification, hatched on the following plans-
(5) Where the training
establishment in which a cadet did his shore based training is satisfied that
the cadet-
(a) has satisfactorily completed the training programme referred to in sub-regulation (2);
(b) has passed the examination referred to in sub-regulation (4); and
(c) is of good conduct and character,
it shall issue the cadet with a
certificate to be known as a Deck Cadet Certificate.
(6) Before a cadet
starts the training programme referred to in sub-regulation (2) the Marine Board
shall issue to him a document
to be known as a Deck Cadet's Record Book which
shall-
(a) include the assignments which the cadet is required to undertake during the training programme; and
(b) be completed by the cadet as a verifiable record of his service.
Special provision where sea service experience is subsequently found to be insufficient
8.-(1) Subject to sub-regulation (2), if, after a person
has passed an examination leading to a qualification for a grade of certificate
of competency as a deck officer but before that certificate is issued to him, it
is found that his qualifying seagoing service was
insufficient to entitle him to
enter for that examination, the Marine Board shall not issue the certificate of
competency to him.
(2) If, in the circumstances referred to in
sub-regulation (1), it is proved to the satisfaction of the Marine Board that
the error
in the calculation of the person's qualifying seagoing service did not
occur through any fault or wilful misrepresentation on his
part the Marine Board
shall issue him with the appropriate certificate of competency when he has made
up the deficiency in his qualifying
seagoing service.
Insufficient sea service
9. -(1) If a person's qualifying seagoing service for the
purposes of being entitled to be admitted to an examination leading to a
qualification for a grade of certificate of competency as a deck officer is
deficient by a period not exceeding 3 months the Marine
Board may permit him to
enter for the examination if, in its opinion, this is justified in view of the
infrequency of examination
for that grade of certificate.
(2) Where a
person passes an examination after being permitted to enter for it in the
circumstances referred to in sub-regulation
(1) the Marine Board shall not issue
the certificate of competency appropriate to that examination to that person
until he has made
up the deficiency in his qualifying sea service.
Restriction on entry to certain supplementary courses
10. -(1) A person shall not be allowed to enter for the
supplementary course entitled "3B SURVIVAL (FULL)" unless-
(a) he has attained the age of 17 ½ years; and
(b) he has had at least 9 months of approved seagoing service before attending the course.
(2) A person shall not be allowed to
enter for the supplementary course entitled "RADAR SIMULATOR" unless-
(a) he has completed the "RADAR OBSERVER" course; and
(b) he has had at least 1 year's qualifying watchkeeping seagoing service.
(3)
A person shall not be allowed to enter for the supplementary course entitled
"SHIP CAPTAIN'S MEDICAL" unless he has completed
the "FIRST AID" course within
the period of 3 years immediately prior to his commencement of the Ship
Captain's Medical course.
Dated this
3rd day of May 1989.
A.V.TORA
Minister for Communications, Works and Transport
SCHEDULE
QUALIFYING PRE-REQUISITES FOR ENTRY TO EXAMINATION FOR A GRADE OF CERTIFICATE OF COMPETENCY AS A DECK OFFICER
GRADE 1
(Master)
Minimum age -
None
Pre-requisite certificate -
Grade 1 (Mate)
Qualifying seagoing service
-
The applicant must have completed at least -
(a) 36 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate); or
(b) 12 months seagoing service as Chief Mate and 12 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate),
and in either case, not less than 12
months of the seagoing service must have been performed outside the Fiji islands
trade area
Grade 2 (Master)
Minimum age -
None
Pre-requisite certificate -
Grade 2 (Mate)
Qualifying seagoing service
-
The applicant must have completed at least -
(a) 36 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate), or
(b) 12 months seagoing service as Chief Mate and 12 months seagoing ser-vice as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate),
and in either case, not less than.6
months of that seagoing service must have been performed outside the Fiji
islands trade area.
Grade 3
(Master)
Minimum age -
None
Pre-requisite certificate -
Grade 3 (Mate)
Qualifying seagoing service
-
The applicant must have completed at least -
(a) 36 months seagoing service in watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate): or
(b) 12 months seagoing service as Chief Mate and 12 months seagoing ser-vice as watchkeeping officer holding a certificate of competency not lower than grade 4 (Mate),
and in either case not less than h
months of that seagoing service must have been performed outside the Fiji
islands trade area.
Grade 4 (Master)
Minimum age -
None
Pre-requisite certificate -
Grade 4 (Mate)
Qualifying seagoing service
-
The applicant must have completed at least -
(a) 36 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (mate); or
(b) 12 months seagoing service as Chief Mate and 12 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate).
Grade
5 (Master)
Minimum age -
20 years
Pre-requisite certificate-
Grade 5 (Mate)
Qualifying seagoing service
-
The applicant must have completed at least 12 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 5 (Mate).
Grade
1 (Mate)
Minimum age -
None
Pre-requisite certificate -
Grade 3 (Mate)
Qualifying seagoing service
-
The applicant must have completed at least 18 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate) with not less than 6 months of that service being performed outside the Fiji islands trade area.
Grade
2 (Mate)
Minimum age -
None
Pre-requisite certificate -
Grade 3 (Mate)
Qualifying seagoing service
-
The applicant must have completed at least 18 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate) with no less than 3 months of that service being performed outside the Fiji islands trade area.
Grade
3 (Mate)
Minimum age -
18 years
Pre-requisite certificate -
None
Qualifying seagoing service -
The applicant must have completed at least 36 months approved seagoing service in a deck department including at least 6 months watchkeeping duties as lookout and helmsmen under the supervision of a qualified officer, with not less than 3 months of that service being performed outside the Fiji islands trade area.
Grade
4 (Mate)
Minimum age -
18 years
Pre-requisite certificate -
None
Qualifying seagoing service
The applicant must have completed at least 36 months approved seagoing service in a deck department including at least 6 months bridge watchkeeping duties as lookout and helmsmen under the supervision of a qualified officer.
Grade
5 (Mate)
Minimum age -
18 years
Pre-requisite certificate -
None
Qualifying seagoing service -
The applicant must have completed at least 36 months approved seagoing service in the deck department of vessels.
Sailing
Licence (Harbour and River
Craft)
Sailing Licence (Short
Coasting Service)
Sailing Licence
(Seagoing Service)
Minimum age -
20 years
Pre- requisite certificate -
None
Qualifying seagoing service -
The applicant must have completed at least 36 months approved seagoing service in the deck department of vessels with at least 12 months of that service being in the type of vessel for which the licence is sought.
____________
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