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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 5 : Foreign Regulated Ships

Division 2 - Control directions

93. Authority may give control directions

 

(1) The Authority may give a direction to—
(a) the ship operator for a foreign regulated ship; or
(b) the master of the ship,

requiring the ship operator or master to take specified action, or refrain from taking specified action, in relation to the ship.

 

(2) A direction under subregulation (1) is a control direction.

 

(3) However, the Authority must not give a control direction unless the direction is—
(a) necessary for ensuring compliance with Division 1 of this Part; or
(b) a measure of a kind that can be imposed, under regulation XI-2/9 of the Safety Convention, by a port state on a foreign flagged ship.

 

(4) The action that a ship operator or master may be directed to take under subregulation (1) includes the following:
(a) removing the ship from South African waters;
(b) removing the ship from a security regulated port;
(c) moving the ship within a security regulated port;
(d) holding the ship in a particular position for a specified period or until a specified event occurs;
(e) taking particular actions, or ensuring that particular actions are taken, on board the ship;
(f) allowing an authorised officer on board the ship to inspect the ship or ship  security records carried by the ship.

 

(5) If a ship operator or master is directed to take the action mentioned in subregulation (4)(d), the ship concerned is taken to be detained in terms of the Act.

 

(6) A control direction has no effect until the Authority commits the direction to writing.