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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 1 : Preliminary

Division 3 - Definitions

3. Definitions

 

(1) In these regulations the expression "the Act" means the Merchant Shipping Act, 1951 (Act No. 57 of 1951), and unless the context indicates otherwise, any expression given a meaning by the Act has the meaning so given, and—

 

"authorised officer"

means a person mentioned in regulation 97;

 

"baggage"

means—

(a) possessions of a passenger or crew member—
(i) that are carried, or intended to be carried, on board a ship; and
(ii) to which the passenger or crew member will have general access while on board the ship; and
(b) possessions of a visitor to a ship—
(i) that are taken, or intended to be taken, on board the ship; and
(ii) to which the visitor will have general access while oil board the ship;

 

"cargo"

means goods, other than baggage or stores, that are transported, or intended to be transported, by ship;

 

"cargo ship" means any ship that is not a passenger ship, and includes—

(a) an oil tanker;
(b) a chemical tanker;
(c) a gas carrier;
(d) a bulk carrier; and
(e) a high-speed craft;

 

"confidentiality requirement"

has the meaning given by regulation 31(2);

 

"contact details"

for a person, includes the person's business address, mailing address, fixed-line telephone number, mobile telephone number, fax number and email address;

 

"control direction"

has the meaning given by regulation 93(2);

 

"Convention State"

means a state (other than the Republic) that is a party to the Safety Convention;

 

"declaration of security"

means an agreement reached between a ship and another party (a ship or person), that identifies the security measures that each party will implement in specified circumstances;

 

"employee"

in relation to a maritime industry participant, means an individual—

(a) employed by the maritime industry participant; or
(b) engaged under a contract for services between the individual and the maritime industry participant;

 

"enforcement order"

means an order made under regulation 106;

 

"engage in conduct"

means—

(a) do an act; or
(b) omit to perform an act;

 

"foreign regulated ship"

has the meaning given by regulation 11;

 

"foreign ship"

means a ship that is not a South African ship;

 

"interim ISSC"

means an interim ISSC given under regulation 82;

 

"ISPS Code"

means the International Ship and Port Facility Security (ISPS) Code (as amended from time to time) as mentioned in Chapter XI-2 of the Safety Convention;

 

"ISSC"

means an international ship security certificate within the meaning of the ISPS Code;

 

"ISSC verified"

has the meaning given by regulations 79(1) and (3);

 

"maritime industry participant"

means—

(a) a port operator;
(b) a port facility operator;
(c) the ship operator for a South African regulated ship;
(d) the ship operator for a foreign regulated ship;
(e) a contractor who provides services to a person mentioned in paragraphs (a) to (d); or
(f) a port service provider;

 

"maritime security level"

means—

(a) maritime security level 1;
(b) maritime security level 2; or
(c) maritime security level 3;

 

"maritime security level 1"

means the maritime security level in force in terms of regulation 16;

 

"maritime security level 2"

means the maritime security level in force under regulation 17;

 

"maritime security level 3"

means the maritime security level in force under regulation 17;

 

"maritime security plan"

means a plan prepared for the purposes of Part 3;

 

"mobile offshore drilling unit"

means a ship capable of engaging in drilling operations for the purpose of exploring or exploiting resources beneath the seabed;

 

"Nicoc"

means the National Intelligence Co-ordinating Committee within the meaning of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994);

 

"organ of state"

means an organ of state within the meaning of the Constitution;

 

"passenger"

includes an intending passenger;

 

"passenger ship"

includes a high-speed passenger craft;

 

"port"

has the meaning given by regulation 6;

 

"port facility"

means an area of land or water, or land and water, within a security regulated port (including any buildings, installations or equipment in or on the area) used either wholly or partly in connection with the loading or unloading of ships;

 

"port facility operator"

means a person who operates a port facility;

 

"port operator"

has the meaning given by regulation 8;

 

"port service provider"

means—

(a) a lighter or barge operator;
(b) a line handling operator;,
(c) a pilot boat operator;
(d) a tug operator;
(e) a person who provides one or more of the following port services:
(i) offshore provisioning of ships;
(ii) offshore transhipment of persons or goods;
(iii) offshore ship repair;

 

"pre-arrival information"

has the meaning given by regulation 86(3);

 

"security officer"

means a person designated by a maritime industry participant to implement and maintain—

(a) the participant's maritime security plan; or
(b) the ship security plan for a ship operated by the participant;

 

"security compliance information"

has the meaning given by regulation 103(1);

 

"security direction"

has the meaning given by regulation 29(2);

 

"security regulated port"

has the meaning given by regulation 7;

 

"security regulated ship"

has the meaning given by regulation 9;

 

"security zone"

means an area described in a maritime or ship security plan as an area in or in relation to which additional security measures have been, or will be, implemented, as set out in the plan;

 

"ship enforcement order"

has the meaning given by regulation 111(2);

 

"ship operator"

means—

(a) unless paragraph (b) applies, the owner of a security regulated ship; or
(b) if, under an agreement between the owner of a security regulated ship and another person, the other person is to be the ship operator for the security regulated ship for the purposes of these regulations, that other person;

 

"ship/port interface"

means the interaction that occurs when a sec4rity regulated ship is directly and immediately affected by activities involving—

(a) the movement of persons or goods; or
(b) the provision of port services to or from the ship;

 

"ship security plan"
means a plan prepared for the purposes of Part 4;
 
"ship security record"
(a) for a South African regulated ship, means—
(i) a document made for the purposes of keeping records required by regulation 84(1); and
(ii) any information included in such a document; and
(b) for a foreign regulated ship, means—
(i) the security plan for the ship as mentioned in Part A of the ISPS Code;
(ii) the ISSC, or approved ISSC equivalent, for the ship; and
(iii) any other document or information of a kind required by Part A of the ISPS Code to be kept on the ship;

 

"South African continental waters"

means—

(a) South African waters;
(b) the waters of the exclusive economic zone of the Republic; and
(c) the waters beyond the outer limits of the exclusive economic zone of the Republic but over the continental shelf of the Republic;

 

"South African regulated ship"

has the meaning given by regulation 10(1);

 

"South African ship"

includes an unregistered ship having South African nationality;

 

"South African waters"

means the internal and territorial waters of the Republic;

 

"stores"

means items that are to be carried on board a ship for use, sale or consumption on the ship;

 

"unlawful interference with maritime transport"

has the meaning given by regulation 5;

 

"valid ISSC"

for a ship at a particular time, means an ISSC for the ship that is in force at that time.

 

(2) An expression used in these regulations and in the ISPS Code has in these regulations the same meaning as in the ISPS Code, unless the context indicated otherwise.

 

(3) For the purposes of these regulations, a ship of a kind mentioned in regulation 10(1) is taken to be used for maritime transport if it is being used as a ship of that particular kind.