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

Regulations

Merchant Shipping (Carriage of Cargoes) Regulations, 2004

Part 5 : Supplemental

14. Equivalents, exemptions and approvals

 

(1) Where these regulations, or documentation referred to in these regulations, require that a particular piece of equipment, or type thereof, must be provided or carried in a ship, or that any particular provision must be made, the Authority may permit any other piece of equipment to be provided or carried, or any other provision to be made, in that ship, if it is satisfied by trial thereof or otherwise that such other piece of equipment or provision is at least as effective as that required by these regulations, or documentation referred to in these regulations.

 

(2) For the purposes of these regulations, the results of a verification or test are to be accepted if the verification or test was carried out—
(a) in accordance with these regulations or with a standard, code of practice, specification or technical description of a Convention State offering equivalent levels of safety, suitability and fitness for the purpose; and
(b) by a person in a Convention State offering suitable and satisfactory guarantees of technical and professional competence and independence.

 

(3) The Authority may grant exemption, on such terms (if any) as it may specify, from all or any of the provisions of these regulations (as may be specified in the exemption) for classes of cases or individual cases and may, after reasonable notice, alter or cancel any such exemption.

 

(4) Every approval given pursuant to these regulations—
(a) must be given in writing;
(b) must specify the date on which it takes effect and the conditions (if any) on which it is given; and
(c) may, after reasonable notice, be altered or cancelled.