Merchant Shipping Act, 1951 (Act No. 57 of 1951) Preliminary 2. Definitions and interpretation of certain references

 

 

"accident"

in relation to a vessel, includes—

[Definition inserted by section 1(a) of Act No. 18 of 1992]

 

"air-cushion vehicle"

means any craft of which the whole or a significant part of its weight can be supported, whether at rest or in motion, by a continuously generated cushion of air dependent for its effectiveness on the proximity of the surface over which the craft operates;

[Definition inserted by section 1(a) of Act No. 16 of 1995]

 

"apprentice-officer"

[Definition deleted by section 1(a) of Act No. 12 of 2015]

 

"Authority"

means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;

[Definition inserted by section 2(2) of Act No. 5 of 1998]

 

"cadet"

means an unindentured apprentice to the sea service;

 

"cargo ship safety construction certificate"

means such a certificate, issued in conformity with the Safety Convention under subbsection (a) of paragraph (1) or (2) of section 193, or deemed in accordance with the provisions of section 202(1)(b) to have been so issued;

[Definition substituted by section 1(a) of Act No. 23 of 1997]

 

"cargo ship safety equipment certificate"

means such a certificate, issued in conformity with the Safety Convention under subparagraph (b) of paragraph (1) or (2) of section 193, or deemed in accordance with the provisions of section 202(1)(b) to have been so issued;

[Definition substituted by section 1(a) of Act No. 23 of 1997]

 

"cargo ship safety radio certificate"

means such a certificate, issued in conformity with the Safety Convention under subparagraph (b) of paragraph (3) or (4) of section 193, or deemed in accordance with the provisions of section 202(1)(b) to have been so issued;

[Definition inserted by section 1(b) of Act No. 23 of 1997]

 

"cargo ship safety radiotelegraphy certificate"

[Definition deleted by section 1(c) of Act No. 23 of 1997]

 

"cargo ship safety radiotelephony certificate"

[Definition deleted by section 1(c) of Act No. 23 of 1997]

 

"carrier"

includes the owner of the charterer who enters into a contract of carriage with a shipper;

 

"clearance"

includes any clearance or transire referred to in the Customs and Excise Act 91 of 1964;

[Definition substituted by section 1(a) of Act No. 5 of 1976]

 

"coasting ship"

means a ship employed in plying between ports in the same country, but does not include any fishing, sealing or whaling boat;

[Definition substituted by section 3(b) of Act No. 30 of 1959]

 

"collision regulations"

means the regulations made under paragraph (b) of subsection (2) of section 356 to give effect to the relative provisions of the International Collision Regulations Convention and Annexures thereto, or such regulations as applied under subsection (3) of that section;

[Definition substituted by section 1(a) of Act No. 3 of 1982]

 

"Commonwealth ship"

[Definition deleted by section 31(a), Act 69 of 1962]

 

"conditions of assignment"

means such of the load line regulations as are made to give effect to the relative provisions of the Load Line Convention and Annexes thereto, or such regulations as applied under subsection (3) of section three hundred and fifty-six;

[Definition substituted by section 1(b) of Act No. 13 of 1965]

 

"construction regulations"

means the regulations made under paragraph (a) of subsection (2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety Convention, or such regulations as applied under subsection (3) of the said section;

[Definition substituted by section 1(c) of Act No. 13 of 1965]

 

"contract of carriage"

applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same;

 

"country to which the Load Line Convention applies"

means a country in respect of which the Load Line Convention is for the time being in force, and includes any territory to which the said Convention applies in accordance with the relative Article thereof;

[Definition substituted by section 1(d) of Act No. 23 of 1997]

 

"country to which the Safety Convention applies"

means a country in respect of which the Safety Convention is for the time being in force;

[Definition substituted by section 1(d) of Act No. 23 of 1997]

 

"crew"

means all seafarers on board a ship;

[Definition substituted by section 29(k) of Act No. 12 of 2015]

 

"crew accommodation"

includes sleeping rooms, store rooms, galleys, mess rooms, sanitary accommodation, hospitals and recreation spaces provided for use by or for the benefit of seafarers;

[Definition substituted by section 29(g) of Act No. 12 of 2015]

 

"dangerous goods"

means goods which by reason of their nature, quantity or mode of stowage, are either singly or collectively liable to endanger the lives or health of persons on or near the ship or to imperil the ship, and includes all substances within the meaning of the expression 'explosives' as used in the Explosives Act 26 of 1956 and any other goods specified in the regulations as dangerous goods;

[Definition substituted by section 1(e) of Act No. 23 of 1997]

 

"dangerous space"

means any enclosed or confined space in which it is reasonably foreseeable that the atmosphere may at some stage contain toxic or flammable gases or vapours or dangerous substances, or be deficient in oxygen, to the extent that it may endanger the life or health of any person entering that space;

[Definition inserted by section 1(c) of Act No. 18 of 1992]

 

"deck line"

means a mark on each side of a ship indicating the position of the uppermost complete deck, as defined by the load line regulations;

 

"Director-General"

means the Director-General: Transport;

[Definition inserted by section 1(a) of Act No. 3 of 1981]

 

"Director"

[Definition deleted by section 3(e) of Act No. 30 of 1959]

 

"dynamically supported craft"

means any air-cushion vehicle, sidewall craft, hydrofoil boat, or other similar craft, used wholly or principally in navigation by water;

[Definition substituted by section 1(f) of Act No. 23 of 1997]

 

"employee"

means any person on board a vessel, including a member of the crew, who is employed by or working for an employer and receives or is entitled to receive any remuneration, or who works under the direction or supervision of an employer, or any other person who on board a vessel in any manner assists in the carrying on or the conducting of the business of an employer, except as provided otherwise by regulation;

[Definition inserted by section 1(d) of Act No. 18 of 1992]

 

"employer"

means any person, including the owner or master of a vessel, who employs any person or provides work for him on a vessel and who remunerates that person or expressly or tacitly undertakes to remunerate him, except as provided otherwise by regulation;

[Definition inserted by section 1(d) of Act No. 18 of 1992]

 

"equipment"

includes boats, tackle, pumps, apparel, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, lights and signals of distress, medicines and medical and surgical stores and appliances, charts, radio apparatus, apparatus for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gear and apparatus of all kinds, and all other stores or articles belonging to or to be used in connection with, or necessary for, the navigation and safety of a ship;

 

"exemption certificate"

means such a certificate, issued in conformity with the Safety Convention under paragraph (c) of section 192, subparagraph (a) or (b) of paragraph (2) or subparagraph (a) of paragraph (4) of section 193, or deemed in accordance with the provisions of section 202(1)(a) or (b) to have been so issued;

[Definition substituted by section 1(g) of Act No. 23 of 1997]

 

"fishing boat"

means any ship engaged in sea fishing for financial gain or reward, but does not include any sealing boat or whaling boat;

[Definition substituted by section 1(g) of Act No. 13 of 1965]

 

"fishing vessel"

means a fishing vessel as defined in the Marine Living Resources Act, 1998 (Act No. 18 of 1998);

[Definition inserted by section 1(b) of Act No. 12 of 2015]

 

"foreign country"

means a country which is not a treaty country;

[Definition substituted by section 31(b) of Act No. 69 of 1962]

 

"foreign-going ship"

means—

 

"foreign ship"

means a ship other than a treaty ship;

[Definition substituted by section 31(c) of Act No. 69 of 1962]

 

"freight"

includes passage money and hire;

 

"general safety certificate"

[Definition deleted by section 1(h) of Act No. 13 of 1965]

 

"goods"

includes all animals, matter or things, save that in Chapter VIII "goods" does not include animals or cargo which by a contract of carriage it is provided shall be carried on deck and is so carried;

 

"High Court"

means any division of the High Court of the Republic;

[Definition inserted by item 1(a) (Schedule 2) of Act No. 58 of 1998]

 

"hazard"

means a source of or exposure to danger;

[Definition inserted by section 1(h) of Act No. 23 of 1997]

 

"hydrofoil boat"

means any craft which is supported above the surface of water in normal operating condition by hydrodynamic forces generated on foils;

[Definition inserted by section 1(c) of Act No. 16 of 1995]

 

"International Collision Regulations Convention"

means the Convention on the International Regulations for Preventing Collisions at Sea done at London on 20 October 1972, as modified by any amendment made under Article VI of that Convention that has entered into force for the Republic;

[Definition substituted by section 1(i) of Act No. 23 of 1997]

 

"international load line certificate"

means such a certificate, issued in conformity with the Load Line Convention under paragraph (i) of section 207, or deemed in accordance with the provisions of section 215(1) to have been so issued, and includes an international load line exemption certificate;

[Definition substituted by section 1(j) of Act No. 23 of 1997]

 

"international load line exemption certificate"

means such a certificate issued in conformity with the Load Line Convention under section 204(1)(a);

[Definition  substituted by section 1(j) of Act No. 23 of 1997]

 

"international load line ship"

means a load line ship of 24 metres or more in length, which is engaged on an international voyage;

[Definition substituted by section 1(b) of Act No. 5 of 1976]

 

"international voyage"

when used with reference to ships registered in a country to which the Load Line Convention applies, means a voyage from a port in one country to a port in another country, either of those countries being a country to which the Load Line Convention applies, and when used with reference to ships registered in a country to which the Safety Convention applies, means a voyage from a port in one country to a port in another country either of those countries being a country to which the Safety Convention applies; and "short international voyage" means an international voyage in the course of which a ship is not more than two hundred nautical miles from a port in which the passengers and crew could be placed in safety, and which does not exceed six hundred nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination; and in the application of this definition—

 

"licence"

in relation to a ship, means a licence contemplated in section 68; and "licensed" shall be construed accordingly;

[Definition inserted by item 1(b) (Schedule 2) of Act No. 58 of 1998]

 

"life-saving equipment regulations"

means the regulations made under paragraph (a) of subsection (2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety Convention, or such regulations as applied under subsection (3) of the said section;

[Definition substituted by section 1(j) of Act No. 13 of 1965]

 

"load lines"

means the marks indicating the several maximum depths to which a ship is entitled to be loaded in various circumstances prescribed by the load line regulations;

 

"load line certificate"

means an international load line certificate or a local load line certificate;

[Definition substituted by section 1(k) of Act No. 13 of 1965]

 

"Load Line Convention"

means the International Convention on Load Lines done at London on 5 April 1966, as modified by any amendment made under Article 29 of that Convention that has entered into force for the Republic;

[Definition substituted by section 1(k) of Act No. 23 of 1997]

 

"load line exemption certificate"

means an international load line exemption certificate or a local load line exemption certificate;

[Definition inserted by section 1(d) of Act No. 42 of 1969]

 

"load line convention certificate"

[Definition deleted by section 1(l) of Act No. 13 of 1965]

 

               "load line regulations"

means the regulations made under paragraph (c) of subsection (2) of section three hundred and fifty-six to give effect to the relative provisions of the Load Line Convention and Annexes thereto, or such regulations as applied under subsection (3) of the said section;

[Definition substituted by section 1(m) of Act No. 13 of 1965]

 

"load line ship"

means any ship of 14 metres or more in length, which is not solely engaged in fishing and is not a pleasure yacht;

[Definition substituted by section 1(c) of Act No. 5 of 1976]

 

"local general safety certificate"

means a certificate issued under section 194(1)(a) or (b)(ii);

[Definition substituted by section 1(f) of Act No. 42 of 1969]

 

"local load line certificate"

means a certificate issued under paragraph 2 of section 207 and includes a local load line exemption certificate;

[Definition substituted by section 1(g) of Act No. 42 of 1969]

 

"local load line exemption certificate"

means a certificate issued under section 204(1)(b);

[Definition inserted by section 1(h) of Act No. 42 of 1969]

 

"local load line ship"

means a load line ship—

[Definition substituted by section 1(d) of Act No. 5 of 1976]

 

"local safety certificate"

means a local general safety certificate or a local safety exemption certificate;

[Definition substituted by section 1(n) of Act No. 13 of 1965]

 

"local safety exemption certificate"

means a certificate issued under subparagraph (i) of paragraph (b) of subsection (1) of section one hundred and ninety-four;

 

"machinery"

means any appliance or combination of appliances assembled, arranged or connected and which is used or intended to be used for converting any form of energy to perform work, or which is used or intended to be used, whether incidental thereto or not, for generating, receiving, storing, containing, transforming, transmitting, transferring or controlling any form of energy;

[Definition inserted by section 1(e) of Act No. 18 of 1992]

 

"marine notice"

means a notice described as such and issued by the Authority;

[Definition substituted by section 2(2) of Act No. 5 of 1998]

 

"Maritime Labour Convention"

means the Maritime Labour Convention, 2006, done at Geneva on 7 February 2006, as set forth in the  Seventh Schedule, and as modified by any amendment made under Article XIV of that Convention that has entered into force in the Republic;

[Definition inserted by section 1(c) of Act No. 12 of 2015]

 

"master"

means, in relation to a ship, any person (other than a pilot) having charge or command of such ship;

 

"medical practitioner"

means—

[Definition substituted by section 1(e) of Act No. 5 of 1976]

 

"Minister"

means the Minister of Transport;

[Definition substituted by section 1(f) of Act No. 18 of 1992]

 

"nautical mile"

means a distance of 1 852 metres; and "mile" has a corresponding meaning;

[Definition substituted by section 1(l) of Act No. 23 of 1997]

 

"near relative"

in relation to a seafarer means the wife or parent or a grandparent, child, grandchild, brother or sister of the seafarer or the guardian or the person having the custody of a child of the seafarer;

[Definition substituted by section 29(i) of Act No. 12 of 2015]

 

"occupational safety"

means the safety of any employee working on or in a ship and whilst boarding or leaving the ship;

[Definition substituted by section 1(m) of Act No. 23 of 1997]

 

"officer of customs"

means an officer as that expression is defined by section 1 of the Customs and Excise Act 91 of 1964;

[Definition substituted by section 1(f) of Act No. 5 of 1976]

 

"owner"

means any person to whom a ship or a share in a ship belongs, except as provided otherwise by regulation;

[Definition substituted by item 1(c) (Schedule 2) of Act No. 58 of 1998]

 

"part of the Commonwealth"

[Definition deleted by section 31(d) of Act No. 69 of 1962]

 

"passenger"

means any person carried in a ship, except—

 

"passenger ship"

means a ship which carries more than twelve passengers;

 

"passenger ship safety certificate"

means such a certificate, issued in conformity with the Safety Convention under paragraph (a) or (c) of section 192, or deemed in accordance with the provisions of section 202(1)(a) to have been so issued;

[Definition substituted by section 1(n) of Act No. 23 of 1997]

 

"passenger ship's exemption certificate"

[Definition deleted by section 1(p) of Act No. 13 of 1965]

 

"port"

in relation to—

[Paragraph (b) substituted by section 1(h) of Act No. 18 of 1992]

[Definition substituted by section 1(a) of Act No. 25 of 1985]

 

"port of registry"

in relation to a ship, means its home port as selected or changed in accordance with the Ship Registration Act, 1998;

[Definition substituted by item 1(d) (Schedule 2) of Act No. 58 of 1998]

 

"prescribed"

means prescribed by this Act;

 

"principal officer"

means the officer in charge of the office of the Authority at a port;

[Definition substituted by section 2(2) of Act No. 5 of 1998]

 

"proper officer"

means the officer designated by the Authority to be the proper officer at the place or in respect of the area and in respect of the matter to which reference is made in the provision of this Act in which the expression occurs; or if no such designation has been made—

[Paragraph (a) substituted by section 1(b) of Act No. 24 of 1974]

[Paragraph (b)(i) substituted by section 1(j) of Act No. 42 of 1969]

[Paragraph (b) substituted by section 31(e) of Act No. 69 of 1962]

[Paragraph (c) substituted by section 31(e) of Act No. 69 of 1962]

[Paragraph (d) added by section 31(e) of Act No. 69 of 1962]

[Definition substituted by section 1(b) of Act No. 24 of 1974]

 

"proper return port"

in relation to a master or seafarer discharged or left behind, means—

[Definition substituted by section 29(a) of Act No. 12 of 2015]

 

"Protocol of 1978 relating to the Safety Convention"

means the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974 done at London on 17 February 1978, the English text of which is set forth in the Second Schedule, as modified by any amendment made under Article VIII of the International Convention for the Safety of Life at Sea, 1974, as incorporated in that Protocol by Article II of that Protocol, that has entered into force for the Republic;

[Definition inserted by section 1(o) of Act No. 23 of 1997]

 

"qualified local safety certificate"

[Definition deleted by section 1(q) of Act No. 13 of 1965]

 

"qualified safety certificate"

[Definition deleted by section 1(r) of Act No. 13 of 1965]

 

"qualified safety equipment certificate"

[Definition deleted by section 1(s) of Act No. 13 of 1965]

 

"qualified safety radio exemption certificate"

[Definition deleted by section 1(t) of Act No. 13 of 1965]

 

"qualified safety radiotelegraphy certificate"

[Definition deleted by section 1(u) of Act No. 13 of 1965]

 

"qualified safety radiotelephony certificate"

[Definition deleted by section 1(v) of Act No. 13 of 1965]

 

"radio"

includes radiotelegraphy and radiotelephony;

 

"radio regulations"

means the regulations made under paragraph (a) of subsection (2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety Convention, or such regulations as applied under subsection (3) of the said section;

[Definition substituted by section 1(w) of Act No. 13 of 1965]

 

"recognized non-South African"

used in relation to a safety convention certificate or an international load line certificate, signifies that the certificate has been issued by or under the authority of the Government of a country other than the Republic to which the Safety Convention or the Load Line Convention, as the case may be, applies, and that the certificate complies with the regulations made under paragraph (a) of subsection (2) of section three hundred and fifty-six to give effect to the relative provisions of the Safety Convention or with those made under paragraph (c) of that subsection to give effect to the relative provisions of the Load Line Convention, respectively;

[Definition substituted by section 1(x) of Act No. 13 of 1965]

 

"registered"

in relation to a ship (except with reference to the law of another country) of means registered or deemed to be or regarded as registered under the Ship Registration Act, 1998;

[Definition inserted by item 1(e) (Schedule 2) of Act No. 58 of 1998]

 

"register tons" and "register tonnage"

mean, in relation to a South African ship, the tonnage of the ship, either gross or net as the case may be, recorded in the register mentioned in section 33 of the Ship Registration Act, 1998, and in the case of any other ship, the tonnage accepted or determined by the Minister, Authority or proper officer;

[Definition substituted by item 1(f) (Schedule 2) of Act No. 58 of 1998]

 

"regulation"

means a regulation made under this Act;

 

"safe"

means free from any threat which may cause bodily injury, illness or death, and free from any hazard as far as practicable;

[Definition substituted by section 1(p) of Act No. 3 of 1997]

 

"safety appointee"

means any person appointed in terms of section 355A(1)(a);

[Definition inserted by section 1(i) of Act No. 18 of 1992]

 

"safety committee"

means a committee appointed in terms of section 355A(1)(a);

[Definition inserted by section 1(i) of Act No. 18 of 1992]

 

"Safety Convention"

means the International Convention for the Safety of Life at Sea done at London on 1 November 1974, the English text of which is set forth in the Second Schedule as modified by any amendment made under Article VIII of that Convention that has entered into force for the Republic and, after the date on which the Protocol of 1978 relating to the Safety Convention enters into force for the Republic, as also modified by that Protocol;

[Definition substituted by section 1(q) of Act No. 23 of 1997]

 

"safety convention certificate"

means a passenger ship safety certificate, a cargo ship safety construction certificate, a cargo ship safety equipment certificate, a cargo ship safety radio certificate or an exemption certificate;

[Definition substituted by section 1(r) of Act No. 23 of 1997]

 

"safety equipment certificate"

[Definition deleted by section 1(z) of Act No. 13 of 1965]

 

"safety equipment exemption certificate"

[Definition deleted by section 1(aa) of Act No. 13 of 1965]

 

"safety officer"

means any person appointed in terms of section 355A(1)(a);

[Definition inserted by section 1(j) of Act No. 18 of 1992]

 

"safety radio exemption certificate"

[Definition deleted by section 1(bb) of Act No. 13 of 1965]

 

"safety radiotelegraphy certificate"

[Definition deleted by section 1(cc) of Act No. 13 of 1965]

 

"safety radiotelephony certificate"

[Definition deleted by section 1(dd) of Act No. 13 of 1965]

 

"safety representative"

means any person elected in terms of section 355A(1)(b);

[Definition inserted by section 1(j) of Act No. 18 of 1992]

 

"safety standard"

means any standard, irrespective of whether or not it has the force of law, which, if applied for the purposes of this Act, will in the opinion of the Minister promote the attainment of an object of this Act;

[Definition inserted by section 1(j) of Act No. 18 of 1992]

 

"savings bank"

means the Post Office Savings Bank, or a bank registered under the Banks Act 94 of 1990, or, in respect of the allotment of premiums, a person registered or deemed to be registered as an insurer under the Insurance Act 27 of 1943, or any other body designated by the Authority;

[Definition substituted by section 1(s) of Act No. 23 of 1997]

 

‘seafarer’

means any person (except a master, pilot or cadet) employed or engaged in any capacity as a member of the crew of a ship;

[Definition inserted by section 1(d) of Act No. 12 of 2015]

 

"sealing boat"

means any ship exclusively employed in seal-catching;

[Definition substituted by section 3 (k) of Act No. 30 of 1959]

 

"seaman"

[Definition deleted by section 1(e) of Act No. 12 of 2015]

 

"Secretary"

[Definition deleted by section 1(d) of Act No. 3 of 1981]

 

"serious injury"

includes—

on board a vessel which results in that person being admitted to hospital as a patient for more than 24 consecutive hours, or would have resulted in his being so admitted had he been within reach of a hospital;

[Definition inserted by section 1(l) of Act No. 18 of 1992]

 

"ship"

means any kind of vessel used in navigation by water, however propelled or moved, and includes—

and "vessel" has a corresponding meaning;

[Definition substituted by section 1(t) of Act No. 23 of 1997]

 

"ship's officer"

means a navigating officer or engineer officer, whether certificated or uncertificated, employed as such on board a ship, but does not include a master; and any reference to a ship's officer shall, in its application to a ship in which a mate, boatswain, marine engineman or assistant marine engineman is employed, be construed as including a reference to a mate, boatswain, marine engineman or assistant marine engineman;

 

"shore-based whaling boat"

means a whaling boat which delivers the whole of its catch to be processed in a factory established ashore in the Republic;

 

"side wall craft"

means any air-cushion vehicle of which the walls extending along the sides are permanently immersed hard structures;

[Definition inserted by section 1(d) of Act No. 16 of 1995]

 

"short voyage safety certificate"

[Definition deleted by section 1(ee) of Act No. 13 of 1965]

 

"small vessel"

means a vessel of less than twenty-five gross tons and of more than three metres in length;

[Definition inserted by section 1(e) of Act No. 3 of 1981]

 

"South African ship"

means a ship that is registered or licenced in the Republic;

[Definition substituted by section 1(f) of Act No. 12 of 2015]

 

"special load line certificate"

means a certificate issued under subsection (1) of section two hundred and seventeen;

 

"sport or recreation"

means any sporting or recreational activity carried on in, on or under the water, irrespective of whether that activity is of a competitive nature or whether prizes are involved, provided it is not carried on for commercial purposes;

[Definition inserted by section 1(b) of Act No. 25 of 1985]

 

"standard"

means—

[Paragraph (a) substituted by section 1(v) of Act No. 23 of 1997]

[Definition inserted by section 1(m) of Act No. 18 of 1992]

 

"STCW Convention"

means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers done at London on 7 July 1978, as modified by any amendment made under Article XII of that Convention that has entered into force for the Republic;

[Definition substituted by section 1 of Act No. 57 of 1998]

 

"superior court"

[Definition deleted by item 1(h) (Schedule 2) of Act No. 58 of 1998]

 

"surveyor"

means any person recognized or appointed in terms of section 4(b);

[Definition substituted by item 1(i) (Schedule 2) of Act No. 58 of 1998]

 

"this Act"

includes any proclamation, notice, rule or regulation issued or made thereunder;

 

"timber cargo regulations"

means the regulations made under section 356(2)(a) to give effect to the relative provisions of the Safety Convention, or such regulations as applied under subsection (3) of section 356;

[Definition substituted by section 1(w) of Act No. 23 of 1997]

 

"Tonnage Convention"

means the International Convention on Tonnage Measurement of Ships done at London on 23 June 1969, as modified by any amendment made under Article 18 of that Convention that has entered into force for the Republic;

[Definition substituted by section 1(x) of Act No. 23 of 1997]

 

"treaty country"

in relation to any provision of this Act, means the Republic and any country, including any colony, protectorate or territory subject to the authority or under suzerainty of such country or any territory over which a mandate or trusteeship is exercised by such country, which is a party to any bilateral treaty or agreement entered into by the Republic in connection with any matter dealt with in such provision;

[Definition inserted by section 31(f) of Act No. 69 of 1962]

 

"treaty ship"

means a ship registered at any place in a treaty country under the relative laws in force at that place or any ship which by the law of a treaty country is recognized as a ship belonging to that treaty country;

[Definition inserted by section 31(f) of Act No. 69 of 1962]

 

"unseaworthy"

used in relation to a vessel, means that she—

[Subparagraph (ii) substituted by section 1(gg) of Act No. 13 of 1965]

[Subparagraph (iii) substituted by section 1(f) of Act No. 40 of 1963]

Provided that a safety convention ship not registered in the Republic, in respect of which a recognized non-South African safety convention certificate is produced, shall not be deemed unseaworthy, as regards the condition of her hull, equipment or machinery, unless it appears, on the report of a surveyor, that she cannot proceed to sea without danger to human life owing to the fact that the actual condition of the hull, equipment or machinery does not correspond substantially with the particulars stated in the certificate;

[Definition substituted by section 1(f) of Act No. 40 of 1963]

 

"user"

in relation to machinery, means any person who uses machinery on a vessel for his own benefit;

[Definition inserted by section 1(a) of Act No. 18 of 1992]

 

"vessel"

[Definition deleted by section 1(y) of Act No. 23 of 1997]

 

"wages"

includes any emoluments;

 

"whaling boat"

means any ship engaged exclusively in whale-catching, or on which any processing takes place of the bodies or any portion of the bodies of the whales caught by other whaling boats;

 

"Work in Fishing Convention"

means the Work in Fishing Convention, 2007, done at Geneva on 30 May 2007, as set forth in the Eighth Schedule, and as modified by any amendment made under article 45 of that Convention that has entered into force in the Republic:

[Definition inserted by section 1(g) of Act No. 12 of 2015]

 

"workplace"

means any place on a vessel where an employee performs work in the course of his employment;

[Definition inserted by section 1(o) of Act No. 18 of 1992]

 

"wreck"

includes flotsam, jetsam, lagan and derelict found in or on the shores of the sea or of any tidal waters of the Republic, any portion of a ship or aircraft lost, abandoned, stranded or in distress, any portion of the cargo, stores or equipment of such ship or aircraft and any portion of the personal property on board such ship or aircraft when it was lost, abandoned, stranded or in distress and belonged to any person who was on board that ship or aircraft at that time;

 

"year"

means the calendar year, but for the purpose of the inspection of vessels required by this Act it means twelve calendar months from the date of the certificate of inspection or survey.

 

 

such reference shall, unless the context indicates otherwise, be construed as a reference to—

 

(4)

[Subsection(4) substituted by section 1(z) of Act No. 23 of 1997]