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Shipping (Amendment) Act 1998

REPUBLIC OF VANUATU


SHIPPING (AMENDMENT) ACT
NO. 33 OF 1998


Arrangement of Sections


1. Amendments of the Shipping Act [CAP 53].
2. Commencement.
SCHEDULE


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REPUBLIC OF VANUATU


Assent: 28/12/98
Commencement: 20/01/99


SHIPPING (AMENDMENT) ACT NO. 33 OF 1998


An Act to amend the Shipping Act [CAP 53].


BE IT ENACTED by the President and Parliament as follows:


AMENDMENTS OF THE SHIPPING ACT


1. The Shipping Act [CAP 53] is amended as set out in the Schedule.


COMMENCEMENT


2. This Act commences on the day on which it is published in the Gazette.


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SCHEDULE


Shipping Act [Cap 53]


  1. Section 1

Omit “Minister”, substitute “Authority”;


(b) Insert the following definition:

“Authority” means the Vanuatu Maritime Authority established by the Vanuatu Maritime Authority Act No. ____ of 1998;”;


(c) Definition of “Minister”

Omit “transport”, substitute “the Register of Ships and Seafarers within the meaning of the Vanuatu Maritime Authority Act No. ____ of 1998”;


(d) Definition of “vessel”

Omit the definition, substitute:


“vessel” means:


(a) any marine craft used in commercial trade, whether or not it has any means of propulsion; or

(b) any marine craft that is used for game fishing or transport of passengers for hire or reward outside the port areas of Port Vila or Luganville;


and includes any fishing vessel, hovercraft, non-displacement vessel, mobile offshore drilling unit, submarine or other submersible, barge, lighter or other like vessels, but does not include:


(c) any vessel registered outside Vanuatu; or


(d) the life boats, rafts, work boats or launches which form part of the equipment of a larger vessel and are being used as such; or


(e) punts, barges or other boats whose sole means of propulsion is by manpower;”.


2. Subsection 2 (1)


Repeal the subsection, substitute:


“(1) The Principal Licensing Officer must be the Commissioner of Maritime Affairs appointed under section 12 of the Vanuatu Maritime Authority Act No. ____ of 1998. The Principal Licensing Officer may grant licences and certificates under the provisions of this Act and may appoint other licensing officers to grant such licences and certificates.”


3. Subsection 10(2)


Repeal the subsection.


4. Paragraph 11(1)(a)


Omit “a specified country”, substitute “any country”.


5. Subsection 11(2)


Repeal the subsection.


6. Section 15


Repeal the section.


7. Subsection 18 (1)


Omit “Minister”, substitute “Principal Licensing Officer”


  1. Section 30

(b) Omit “Minister”, substitute “Authority”.


9. Section 46


Repeal the section, substitute:


APPEALS AGAINST DECISIONS OF LICENSING OFFICERS


46. Any person dissatisfied with any decision of a licensing officer under this Act may, within 21 days after being notified of the decision, appeal to the Maritime Appeal Tribunal established by the Vanuatu Maritime Authority Act No. ____ of 1998”.


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