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

Regulations

Merchant Shipping (National Small Vessel Safety) Regulations, 2007

Part 5 : Supplemental

30. Authorised agencies

 

(1) Subject to subregulation (2), the Authority may, in consultation with the Director-General and with the concurrence of a governing body, or a club or an organisation affiliated with a governing body, designate such body, club or organisation as an authorised agency, entrusting to it in the instrument of designation the performance of one or more of the following functions:
(a) the determination, for the purposes of regulation 11, of the maximum number of persons that a pleasure vessel may safely carry;
(b) the recording of voyage details for the purposes of regulation 12;
(c) the determination of whether a pleasure vessel is sufficiently and efficiently manned;
(d) for the purposes of regulation 16, the issuing, suspension or cancellation of certificates of competence in accordance with it's designation from the Authority, and to demand the surrender of any such certificates that have been suspended or cancelled;
(e) in respect of pleasure vessels, to require a person to furnish medical evidence for the purposes of regulation 17(1) or (2);
(f) the supervision and certification of persons under the age of 16 years for the purposes of regulation 16(2);
(g) the conducting of initial and renewal inspections of vessels under regulation 23;
(h) the issuing and cancellation of certificates of fitness, and to demand the surrender of cancelled certificates, contemplated in regulations 24, 26 and 27, respectively; and
(i) the approval of controlled events.

[Regulation 30(1) substituted by regulation 26(a) of Notice No. R. 731 dated 11 July 2008]

 

(2) Designation under subregulation (1) is subject to the conditions, which may include provision in respect of periodical inspections or audits, which the Authority may determine and specify in the instrument of designation, in the case of the designation of a club or organisation affiliated with a governing body, after consultation with that governing body.

 

(3) The Authority may suspend or revoke a designation under subregulation (1) if it believes on reasonable grounds that the body, club or organisation concerned has failed—
(a) to comply with these regulations or any condition imposed thereunder; or
(b) to perform diligently and faithfully the functions entrusted to it in terms of these regulations.

 

(4)
(a) An authorised agency may, for the purpose of performing its functions under these regulations, designate as a safety officer any member of the authorised agency who, in its opinion, is qualified to be so designated.

[Regulation 30(4)(a) substituted by regulation 26(b) of Notice No. R. 731 dated 11 July 2008]

(b) An authorised agency must furnish every safety officer with a certificate attesting to his or her designation as a safety officer setting out the provisions of these regulations that the safety officer is authorised to enforce, and a safety officer must, if so required, produce the certificate in the course of performing his or her functions under these regulations.

 

(5) Designation as a safety officer terminates if—
(a) the designee's membership of the authorised agency is suspended or terminated; or
(b) the designation is otherwise revoked by the authorised agency, and the person concerned must upon demand surrender the certificate issued to him or her in terms of subregulation (4)(b) to the authorised agency.