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Sea-carriage of Goods Act 1951

Chapter 261.

Sea-carriage of Goods Act 1951.
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INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 261.

Sea-carriage of Goods Act 1951.

ARRANGEMENT OF SECTIONS.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

AN ACT

entitled

Sea-carriage of Goods Act 1951,

Being an Act relating to the sea-carriage of goods.

1. INTERPRETATION.

In this Act, unless the contrary intention appears–

“the Rules” means the Rules in Schedule 1.

2. APPLICATION OF RULES.

Subject to this Act, the Rules have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port or place in the country to any other port or place whether inside or outside the country.

3. ABSOLUTE WARRANTY OF SEAWORTHINESS NOT IMPLIED.

There is not implied in any contract for the carriage of goods by sea to which this Act applies any absolute undertaking by the carrier of the goods to provide a seaworthy ship.

4. BILLS OF LADING.

Every bill of lading or similar document of title issued in the country that contains or is evidence of any contract to which the Rules apply shall contain an express statement that it is to have effect subject to the provisions of the Rules as applied by this Act.

5. RECEIVED-FOR-SHIPMENT BILLS OF LADING.

A bill of lading issued in accordance with Article III. of the Rules shall for all purposes be deemed to be a valid bill of lading with the like effect, and capable of negotiation in all respects and with the like consequences, as if it were a shipped bill of lading.

6. BULK CARGOES.

Where, under the custom of any trade–

(a) the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper; and

(b) the fact that the weight is so ascertained or accepted is stated in the bill of lading,

then, notwithstanding anything in the Rules–

(c) the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight inserted in the bill of lading; and

(d) the accuracy of the weight at the time of shipment shall not be deemed to have been guaranteed by the shipper.

7. CONSTRUCTION AND JURISDICTION.

(1) All parties to any bill of lading or document relating to the carriage of goods from any place in the country to any place outside the country shall be deemed to have intended to contract according to the laws in force at the place of shipment, and any stipulation or agreement to the contrary, or purporting to oust or lessen the jurisdiction of the courts of Papua New Guinea in respect of the bill of lading or document, is illegal, null and void, and of no effect.

(2) Any stipulation or agreement, whether made in the country or elsewhere, purporting to oust or lessen the jurisdiction of the courts of Papua New Guinea in respect of any bill of lading or document relating to the carriage of goods from any place outside the country to any place in the country is illegal, null and void, and of no effect.

8. SAVING.

This Act does not affect the operation of any law limiting the liability of the owners of sea-going vessels.

SCHEDULE 1 – RULES RELATING TO BILLS OF LADING.

Sec. 2.

RULES RELATING TO BILLS OF LADING

Office of Legislative Counsel, PNG