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Table of Contents
South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998)
Notice No. 468 of 1998
Act
1. Definitions
Chapter 1 : South African Maritime Safety Authority
2. Establishment and transfer of certain functions
3. Objectives
4. Duties
5. How functions may be performed
6. Functions to be performed in accordance with objectives and international agreements and law
6A. Performance agreement
7. Directions by Minister
8. Reimbursement of cost of complying with directions
9. Powers
10. Prohibition on formation of companies and partnerships
11. Consultation
Chapter 2 : Board of Authority and Staff
Part 1 : Board
12. Constitution of Board and terms and conditions of appointment
13. Period of office of members
14. Remuneration and allowances of members
15. Independence and responsibilities of members
16. Acting appointments
17. Resignation
18. Termination of appointment
19. Meetings
20. Conduct of meetings
21. Resolutions without meetings
Part 2 : Chief Executive Officer and staff
22. Chief Executive Officer
23. Chief Executive Officer not to engage in other work
24. [Repealed] Terms and conditions of service of Chief Executive Officer
25. Resignation
26. Acting Chief Executive Officer
27. Staff
Chapter 3 : Operation of Authority
28. Business plan
29. Financial targets and performance indicators
30. Minister may direct variation of financial plan
Chapter 4 : Finance
Part 1 : General
31. Transfer of certain State assets to Authority
32. Transfer of land, etc., to Authority
33. Effect of transfer from State to Authority
34. Liabilities in respect of personnel
35. Money paid in advance to State
36. Rights in respect of services and facilities formerly provided by Department
37. Assets and liabilities
38. Maritime Fund
39. Grants by State
40. Borrowings
41. Guarantee of borrowings
42. Authority may give security
43. Application of Reporting by Public Entities Act, 1992
Part 2 : Charges
44. Charges
Chapter 5 : General Provisions
45. Power to detain
46. Limitation of liability and indemnification of Authority
47. Delegation by Minister
48. Delegation by Authority
49. Substitution of Authority for State in certain contracts, etc.
50. Publication of directions
51. Marine casualties investigation commission
52. Certain functions of Authority to be performed by Department of State
53. Regulations
54. Application of Act to Prince Edward Islands
55. Amendment of section 1 of Act 105 of 1983, as amended by section 1 of Act 87 of 1992
56. Amendment of section 11 of Act 105 of 1983, as substituted by section 9 of Act 87 of 1992
57. Transitional provisions
58. Short title and commencement
Schedule
Administration of Laws Transferred
Notices
[Revoked] Determination of Charges, 2017
Notice No. 1042 of 2017
Part 1 : Definitions, Administrative and Normative Matters
1. Definitions
2. Application
3. By whom charges payable
4. When charges payable, etc
5. Application of international and local charges
6. To whom charges payable
7. Value added tax
8. Certificates and other documents
Part 2 : Ship Registration, Licensing, and Tonnage Measurement
9. Ship registration, etc.
10. Ship licensing
11. Tonnage measurement
Part 3 : Ship Safety and Security, and Pollution Prevention
Division 1 : Ship safety services
12. Survey of passenger ship for safety Certificate
13. Survey of ship for cargo ship safety construction certificate
14. Survey of ship for cargo ship safety equipment certificate
15. Survey of ship (other than passenger ship) for local general safety certificate or certificate of fitness
16. Survey of ship for IGC and IBC certificate
17. ISM Code certificates
18. Survey of a ship for load line certificate
19. Inspection of radio installations
20. Hull surveys
21. Approval of equipment required under legislation administered by the Authority
22. Approval of service providers required under legislation administered by the Authority
23. Dangerous goods
24. Grain cargoes
25. Timber deck cargoes
26. New building and refit
27. Approval of plans and stability books
Division 1A : Ship security services
28. Ship security plans
29. ISSCs
30. Approved ISSC equivalents
Division 2 : Pollution prevention services
31. Survey of ship for IOPP certificate
32. Survey of ship for INLS certificate
33. Survey of ship for BCH Code certificate
34. Survey of offshore installation for pollution safety certificate
35. Approval of a Ballast Water Management Plan
36. Survey of s ship for the issue of a Ballast Water Management certificate
37. CLC insurance certificates
38. Inspection of equipment and documents under MARPOL
39. Inspection of cargo spaces under Annex II to MARPOL
40. Provisional assessment of noxious liquid substances
41. Transhipment of oil
Division 3 : Maritime Labour Services
42. Inspection of a ship for Maritime Labour Certificate
43. Accreditation of seafarer recruitment and placement services
Division 4 : Miscellaneous
44. Partial surveys
45. Detained ships
Part 4 : Examination & Certification
46. Fishers and marine motormen
47. Engineer officers
48. Deck officers
49. Radio operators
50. Small vessels skippers
51. Rating certificates and certificates of Proficiency
52. Licenses for compass adjusters
53. Moderation, of examination papers and scripts, accreditation of training institutions
54. Crewing arrangements
55. Colour and form vision tests
Part 5 : Miscellaneous
56. Inspection of crew accommodation
57. Discharge of seamen
58. Extra and special attendance
59. Services at sea or outside Republic
60. Consultancy and other services
61. Travel and subsistence
62. Miscellaneous charges
63. Refusal, etc. of services
64. Overdue charges
65. Variation and waiver of charges
[Revoked] Determination of Charges, 2020
Notice No. 844 of 2020
Part 1 : Definitions, Administrative and Normative Matters
1. Definitions
2. Application
3. By whom charges payable
4. When charges payable, etc
5. Application of international and local charges
6. To whom charges payable
7. Value added tax
8. Certificates and other documents
Part 2 : Ship Registration, Licensing and Tonnage Measurement
9. Ship registration, etc
10. Ship licensing
11. Tonnage measurement
Part 3 : Ship Safety and Security and Pollution Prevention
Division 1 - Ship safety services
12. Survey of passenger ship for safety Certificate
13. Survey of ship for cargo ship safety construction certificate
14. Survey of ship for cargo ship safety equipment certificate
15. Survey of ship (other than passenger ship) for local general safety certificate or certificate of fitness
16. Survey of ship for IGC and IBC certificate
17. ISM Code certificates
18. Survey of a ship for load line certificate
19. Inspection of radio installations
20. Hull surveys
21. Approval of equipment required under legislation administered by the Authority
22. Approval of service providers required under legislation administered by the Authority
23. Dangerous goods
24. Grain cargoes
25. Timber deck cargoes
26. New Building and refit
27. Approval of plans and stability books
Division 1A - Ship security services
28. Ship security plans
29. ISSCs
30. Approved ISSC equivalents
Division 2 - Pollution prevention services
31. Survey of ship for IOPP certificate
32. Survey of ship for INLS certificate
33. Survey of ship for ISPP certificate
34. Survey of ship for IAPP certificate
35. Survey of ship for BCH Code certificate
36. Survey of offshore installation for pollution safety certificate
37. Approval of a Ballast Water Management Plan
38. Survey of ship for the issue of a Ballast Water Management certificate
39. Survey of a ship for Polar Code Certificates
40. CLC insurance certificates
41. Inspection of equipment and documents under MARPOL
42. Inspection of cargo spaces under Annex ll to MARPOL
43. Provisional assessment of noxious liquid substances
44. Transhipment of oil
45. Permission for immobilisation, lay-up, stopping or anchoring within territorial waters or internal waters outside any harbour or fishing harbour
Division 3 - Maritime Labour Services
46. Inspection of a ship for Maritime Labour Certificate
47. Accreditation of seafarer recruitment and placement services
Division 4 - Miscellaneous
48. Partial surveys
49. Detained ships
Part 4 : Examination & Certificate
50. Fishers and marine motormen
51. Engineer officers
52. Deck officers
53. Radio operators
54. Small vessels skippers
55. Rating certificates and certificates of Proficiency
56. Licenses for compass adjusters
57. Moderation, of examination papers and scripts, accreditation of training institutions
58. Crewing arrangements
59. Colour and form vision tests
60. Approval of Medical Practitioners
Part 5 : Miscellaneous
61. Inspection of crew accommodation
62. Discharge of Seafarer
63. Extra and special attendance
64. Services at sea or outside Republic
65. Consultancy and other services
66. Travel and subsistence
67. Miscellaneous charges
68. Refusal, etc. of services
69. Overdue charges
70. Variation and waiver of charges
Determination of Charges, 2021
Notice No. 238 of 2021
Part 1 : Definitions, Administrative and Normative Matters
1. Definitions
2. Application
3. By whom charges payable
4. When charges payable, etc
5. Application of international and local charges
6. To whom charges payable
7. Value added tax
8. Certificates and other documents
Part 2 : Ship Registration, Licensing, and Tonnage Measurement
9. Ship registration, etc
10. Ship licensing
11. Tonnage measurement
Part 3 : Ship Safety and Security, and Pollution Prevention
Division 1 - Ship safety services
12. Survey of passenger ship for safety Certificate
13. Survey of ship for cargo ship safety construction certificate
14. Survey of ship for cargo ship safety equipment certificate
15. Survey of ship (other than passenger ship) for local general safety certificate or certificate of fitness
16. Survey of ship for IGC and IBC certificate
17. ISM Code certificate
18. Survey of a ship for load line certificate
19. Inspection of radio installations
20. Hull surveys
21. Approval of equipment required under legislation administered by the Authority
22. Approval of service providers required under legislation administered by the Authority
23. Dangerous goods
24. Grain cargoes
25. Timber deck cargoes
26. New Building and refit
27. Approval of plans and stability books
Division 1A - Ship security services
28. Ship security plans
29. ISSCs
30. Approved ISSC equivalents
Division 2 - Pollution prevention services
31. Survey of ship for IOPP certificate
32. Survey of ship for INLS certificate
33. Survey of ship for ISPP certificate
34. Survey of ship for IAPP certificate
35. Survey of ship for BCH Code certificate
36. Survey of offshore installation for pollution safety certificate
37. Approval of a Ballast Water Management Plan
38. Survey of ship for the issue of a Ballast Water Management certificate
39. Survey of a ship for Polar Code Certificates
40. CLC insurance certificates
41. Inspection of equipment and documents under MARPOL
42. Inspection of cargo spaces under Annex II to MARPOL
43. Provisional assessment of noxious liquid substances
44. Transhipment of oil
45. Permission for immobilisation, lay-up, stopping or anchoring within territorial waters or internal waters outside any harbour or fishing harbour
Division 3 - Maritime Labour Services
46. Inspection of a ship for Maritime Labour Certificate
47. Accreditation of seafarer recruitment and placement services
Division 4 - Miscellaneous
48. Partial and Towage surveys
49. Detained ships
Part 4 : Examination & Certification
50. Fishers and marine motormen
51. Engineer officers
52. Deck officers
53. Radio operators
54. Small vessels skippers
55. Rating certificates and certificates of Proficiency
56. Licenses for compass adjusters
57. Accreditation of Training Institutions and moderation of examination papers and scripts
58. Approvals under Section 83 and Section 85 of the Merchant Shipping Act, 1951 (Act No.57 of 1951)
59. Colour and form vision tests
60. Approval of Medical Practitioners
Part 5 : Miscellaneous
61. Inspection of crew accommodation
62. Discharge of Seafarer
63. Extra and special attendance
64. Services at sea or outside Republic
65. Consultancy and other services
66. Travel and subsistence
67. Miscellaneous charges
68. Refusal, etc. of services
69. Overdue charges
70. Variation and waiver of charges
[Revoked] Determination of Charges, 2022
Notice No. R. 2926 of 2023
Part 1 : Definitions, Administrative and Normative Matters
1. Definitions
2. Application
3. By whom charges payable
4. When charges payable
5. Application of international and local charges
6. To whom charges payable
7. Value added tax
8. Certificates and other documents
Part 2 : Ship Registration, Licensing, and Tonnage Measurement
9. Ship registration
10. Ship licensing
11. Tonnage measurement (Tonnage Computation)
Part 3 : Ship Safety and Security, and Pollution Prevention
Division 1 - Ship safety services
12. Survey of passenger ship for safety Certificate
13. Survey of ship for cargo ship safety construction certificate
14. Survey of ship for cargo ship safety equipment certificate
15. Survey of ship (other than passenger ship) for local general safety certificate or certificate of fitness
16. Survey of ship for IGC and IBC certificate
17. ISM Code certificates
18. Survey of a ship for load line certificate
19. Inspection of radio installations
20. Hull surveys
21. Approval of equipment required under legislation administered by the Authority
22. Approval of service providers required under legislation administered by the Authority
23. Dangerous goods
24. Grain cargoes
25. Timber deck cargoes
26. New Building and refit
27. Approval of plans and stability books
Division 1A - Ship security services
28. Ship security plans
29. International Ship Security Certificates
30. Approved ISSC equivalents
Division 2 - Pollution prevention services
31. Survey of ship for IOPP certificate
32. Survey of ship for INLS certificate
33. Survey of ship for ISPP certificate
34. Survey of ship for IAPP certificate
35. Survey of ship for BCH Code certificate
36. Survey of offshore installation for pollution safety certificate
37. Approval of a Ballast Water Management Plan
38. Survey of ship for the issue of a Ballast Water Management certificate
39. Survey of a ship for Polar Code Certificates
40. CLC insurance certificates
41. Inspection of ships, equipment and documents under MARPOL
42. Inspection of cargo spaces under Annex II to MARPOL
43. Provisional assessment of noxious liquid substances
44. Transhipment of oil and other harmful substances
45. Permission for immobilisation, lay-up, stopping or anchoring within territorial waters or internal waters outside any harbour or fishing harbour
Division 3 - Maritime Labour Services
46. Inspection of a ship for Maritime Labour Certificate
47. Accreditation of seafarer recruitment and placement services
Division 4 - Miscellaneous
48. Partial and Towage surveys
49. Detained ships
50. Verified Gross Mass Certification and Accreditation
Part 4 : Examination & Certification
51. Fishers and marine motormen
52. Engineer officers
53. Deck officers
54. Radio operators
55. Small vessels skippers
56. Rating certificates and certificates of Proficiency
57. Licenses for compass adjusters
58. Accreditation of Training Institutions and moderation of examination papers and scripts
59. Approvals under Section 83 and Section 85 of the Merchant Shipping Act, 1951 (Act No. 57 of 1951)
60. Colour and form vision tests
61. Approval of Medical Practitioners
Part 5 : Miscellaneous
62. Inspection of crew accommodation
63. Discharge of Seafarer
64. Extra and special attendance
65. Services at sea or outside Republic
66. Consultancy and other services
67. Travel and subsistence
68. Miscellaneous charges
69. Refusal of services
70. Overdue charges
71. Variation and waiver of charges
Determination of Charges, 2024 - effective 1 August 2024
Notice No. R. 5056 of 2024
Part 1 : Definitions, Administrative and Normative Matters
1. Definitions
2. Application
3. By whom charges payable
4. When charges payable
5. Application of international and local charges
6. To whom charges payable
7. Value added tax
8. Certificates and other documents
Part 2 : Ship Registration, Licensing, and Tonnage Measurement
9. Ship registration
10. Ship licensing
11. Tonnage measurement (Tonnage Computation)
Part 3 : Ship Safety and Security, and Pollution Prevention
Division 1 - Ship safety services
12. Survey of passenger ship for safety Certificate
13. Survey of ship for cargo ship safety construction certificate
14. Survey of ship for cargo ship safety equipment certificate
15. Survey of ship (other than passenger ship) for local general safety certificate or certificate of fitness
16. Survey of ship for IGC and IBC certificate
17. ISM Code certificates
18. Survey of a ship for load line certificate
19. Inspection of radio installations
20. Hull surveys
21. Approval of equipment required under legislation administered by the Authority
22. Approval of service providers required under legislation administered by the Authority
23. Dangerous goods
24. Grain cargoes
25. Timber deck cargoes
26. New Building and refit
27. Approval of plans and stability books
Division 1A - Ship security services
28. Ship security plans
29. International Ship Security Certificates
30. Approved ISSC equivalents
Division 2 - Pollution prevention services
31. Survey of ship for IOPP certificate
32. Survey of ship for INLS certificate
33. Survey of ship for ISPP certificate
34. Survey of ship for IAPP Certificate
35. Survey of ship for BCH Code certificate
36. Survey of offshore installation for pollution safety certificate
37. Approval of a Ballast Water Management Plan
38. Survey of ship for the issue of a Ballast Water Management certificate
39. Survey of a ship for Polar Code Certificates
40. Civil Liability Convention insurance certificates
41. Inspection of ships, equipment and documents under MARPOL
42. Inspection of cargo spaces under Annex II to MARPOL
43. Provisional assessment of noxious liquid substances
44. Transhipment of oil and other harmful substances
45. Permission for immobilisation, lay-up, stopping or anchoring within territorial waters or internal waters outside any harbour or fishing harbour
Division 3 - Maritime Labour Services
46. Inspection of a ship for Maritime Labour Certificate
47. Accreditation of seafarer recruitment and placement services
Division 4 - Miscellaneous
48. Partial and Towage surveys
49. Detained ships
50. Verified Gross Mass Certification and Accreditation (Merchant Shipping (Carriage of Cargoes) Regulations, 2004)
Part 4 : Examination & Certification
51. Deck Officers (Fishing)
51A. Engineer Officers (Fishing)
52. Engineer Officers (Local & Port Operations)
52A. Engineer Officers (STCW)
53. Deck Officers (Local & Port Operations)
53A. Deck Officers (STCW)
54. Radio Operators
55. Small vessels skippers
56. Rating certificates and certificates of Proficiency
57. Licenses for compass adjusters
58. Accreditation of Training Institutions and moderation of examination papers and scripts
59. Approvals under Section 83 and Section 85 of the Merchant Shipping Act, 1951
60. Colour and form vision tests
61. Approval of Medical Practitioners
Part 5 : Miscellaneous
62. Inspection of crew accommodation
63. Discharge of Seafarer
64. Extra and special attendance
65. Services at sea or outside Republic
66. Consultancy and other services
67. Travel and subsistence
68. Miscellaneous charges
69. Refusal of services
70. Overdue charges
71. Variation and waiver of charges
"regulation"
means any regulation made under
section 53
;
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Medicines and Related Substances Act, 1965
