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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 2 : Maritime Security Levels and Security Directions

Division 2 - Notifying maritime security level 2 and 3 declarations and revocations

23. Notifying declarations covering security regulated ports

 

(1) If the Director -General declares that a maritime security level is in force for a security regulated port, the Director-General must, as soon as practicable, notify—
(a) the port operator; and
(b) each maritime industry participant who is required to have a maritime security plan and who—
(i) controls an area within the boundaries of the security regulated port; or
(ii) operates within the boundaries of the security regulated port.

 

(2) If the Director-General gives a port operator notice of a declaration under subregulation (1), the port operator must, as soon as practicable. Give notice of the declaration to—
(a) every maritime industry participant who is covered by die port operator's maritime security plan and who—
(i) controls an area within the boundaries of the security regulated port; or
(ii) operates within the boundaries of the security regu1aed port; and
(b) the master of every security regulated ship that is within the port or about to enter the port.

 

(3) If a port operator fails to comply with subregulation (3), the port operator commits an offence punishable upon conviction by a fine or by imprisonment for a period not exceeding 12 months.

 

(4) Subregulation (3) does not apply if the port operator has a reasonable excuse.