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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Marine Pollution (IBC Code)) Regulations, 1998

5. Issue of International Certificate of Fitness

 

(1) Upon satisfactory completion of an initial or periodical survey under regulation 4 of these regulations and under regulation 10 of Annex II to MARPOL 1973/78, the Authority must issue to a ship that complies with the requirements of the IBC Code and of Annex II to MARPOL 1973/78 a certificate called an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in the form so entitled set out in the appendix to the IBC Code. Such certificate must be issued for a period not exceeding five years beginning on the date of completion of the survey in question.

 

(2) A certificate ceases to be valid—
(a) if any survey required by regulation 4(1)(c) or (d) is not completed within the period specified for that survey;
(b) if any survey required by regulation 4(1)(e) is not completed within such reasonable time as the surveyor may specify; or
(c) upon transfer of the ship to registry in another State.

 

(3) In either of the cases specified in subregulation (2)(a) or (b) the owner must surrender the certificate issued in relation to the ship to the Authority on demand.

 

(4) In the case of a ship that has transferred from registry in another State to registry in the Republic the Authority may, subject to such requirements as to survey or otherwise as it thinks fit, if it is satisfied, notwithstanding that the surveys were not carried out as required by regulation 4(2), that—
(a) the ship has already been subjected to a satisfactory initial or periodical survey and to any intermediate, annual or additional surveys required;
(b) the ship was issued by or on behalf of the government of that other State with a certificate of fitness that would, but for the change of registry, have remained valid;
(c) the condition of the ship and its equipment has been maintained in conformity with the requirements of the IBC Code; and
(d) since completion of the surveys referred to in paragraph (a) no change has been made in the structure, equipment, systems, fittings, arrangements and material covered by those surveys without the approval of the government of that other State or of the Authority, except by direct replacement,

issue to that ship an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk for a period to be determined by the Authority, but expiring not later than the expiry date of the certificate referred to in paragraph (b).

 

(5) The International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk must be kept available on board the ship for inspection at all reasonable times.