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South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998)

Schedule

Administration of Laws Transferred

 

(Section 2(2))

 

No. and year of law

Title

Extent of amendment

Act 57 of 1951

Merchant Shipping Act, 1951
1. The amendment of section 2—
(a) by the insertion in subsection (1) after the definition of "apprentice-officer" of the following definition:

" 'Authority' means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;";

(b) by the substitution in subsection (1) in the definition of "marine notice" for the words "Department of Transport" of the word "Authority";
(c) by the substitution in subsection (1) in the definition of "principal officer" for the words "Marine Division of the Department of Transport" of the word "Authority"; and
(d) by the substitution in subsection (1) in the definition of "register tons" and "register tonnage" for the word "Director-General" of the word "Authority".


2. The substitution for section 5 of the following section:

"Authority responsible for administration of Act

5.
(1) The [Director-General] Authority shall [subject to the control of the Minister] be responsible for the administration of this Act, and shall have the control of all matters incidental thereto.
(2) The [Director-General] Authority shall, subject to the provisions of this Act or any other law, have such powers and perform such duties as are assigned to [him] it by the Minister.
(3) All powers conferred and all duties imposed upon the [Director-General] Authority may be exercised or performed by the [Director-General personally] Authority, or by [an officer or organization or, with respect to conditions prescribed under section 68(3)(b), by] a person or organization under a delegation from or under the control or direction of the [Director-General] Authority.".


3.. The amendment of section 12 by the substitution for subsection (1) of the following subsection:
"(1) If the [Minister] Authority has reason to believe that there is some doubt as to the title of any ship registered as a South African ship to be so registered, [he] it may direct the proper officer of the port of registry of the ship to require that evidence be given to [his] its satisfaction that the ship is entitled to be registered as a South African ship.".


4. The amendment of section 18 by the substitution for subsection (4) of the following subsection:
"(4) If from the report of a surveyor so directed to inspect a ship it appears to the [Minister] Authority that the tonnage of that ship, as so denoted, materially differs from that which would be her tonnage if measured under this Act or that her construction and equipment as regards the said space do not, for the purpose of determining her tonnage conform to the said standards, or if for any reason it appears to the [Minister] Authority that the tonnage of any ship so registered has been erroneously computed, [he] it may order that, notwithstanding any direction for the time being in force under this section, that ship or any ship registered in the country to which the direction relates shall, for all or any of the  purposes of this Act, be surveyed in accordance with this Act."


5. The substitution for section 31 of the following section:

"Temporary passes in lieu of certificates of registry

31. Whenever by reason of special circumstances it appears desirable to the [Director-General] Authority that permission should be granted to a ship which, in terms of this Act, is entitled to be registered in the Republic, or, in terms of the laws in force in any other treaty country is entitled to be registered in that treaty country to proceed to sea without being previously registered, [he] it may authorize the granting of a pass in the prescribed form for the ship to be taken from any port in the Republic to any other port in the Republic or, as the case may be, to any port in that other treaty country, and that pass shall for the time and within the limits therein mentioned be deemed to be a certificate of registry.".


6. The amendment of section 43 by the substitution for subsections (3), (4) and (5) of the following subsections, respectively:
"(3) Upon any such application being made to [him] it, the [Director-General] Authority shall direct that notice of the application be published in the Gazette and in such newspapers and be served upon such persons as [he] it may determine. The notice shall be in [a] the form approved by the [Director-General] Authority and shall call upon all persons who may object to the order being made to lodge their objections in writing with the [Director-General] Authority within a period determined by [him] it and mentioned in the notice.
(4) Upon proof of the due publication and service of the notice, the [Director-General] Authority shall, if no objection in writing has been lodged with [him] it within the period mentioned in the notice, and if [he] it is satisfied of the justice of the applicant’s claim, make the order applied for.
(5) If objection in writing is lodged with the [Director- General] Authority within the period mentioned in the notice, or if [he] it is not satisfied of the justice of the applicant’s claim, [he] it shall refuse to make the order.".


7. The amendment of section 73 by the substitution for subsection (3) of the following subsection:

"(3) Whenever the [Minister] Authority is satisfied from a report by a surveyor that it would be unreasonable to require the owner of a ship built before the coming into operation of this section to provide the accommodation on board that ship necessary to accommodate the numbers of officers or other persons required to be employed in terms of subsection (1), or in terms of a notice issued under subsection (2), [he] it may vary the requirements of subsection (1) or of that notice in respect of that ship as [he] it deems fit.".


8. The amendment of section 77 by the substitution for the proviso to subsection (2) of the following proviso:

": Provided that the [Minister] Authority may, in [his] its discretion and subject to any conditions which [he] it may impose, admit to such examination a person who is a citizen of any other country if he possesses either the qualifications prescribed by regulation or qualifications which are in the opinion of the [Minister] Authority of a standard not lower than those so prescribed.".


9. The amendment of section 79 by the substitution for subsection (2) of the following subsection:

"(2) The [Minister] Authority may grant to the applicant an appropriate certificate of competency which, in the opinion of the [Minister] Authority, testifies to the possession by the holder thereof of qualifications and a degree of competency not higher than those to which the certificate, upon the possession of which the application is based, testifies: Provided that before the grant is made the [Minister] Authority may require the last-mentioned certificate to be surrendered to [him] it.".


10. The amendment of section 83 by the substitution for subsection (2) of the following subsection:
"(2) Notwithstanding the provisions of section 73, the [Minister] Authority may, in [his] its discretion, and for such periods and under such conditions as [he] it may specify, permit the engagement on a South African ship going to sea from any port whatsoever or on a treaty ship other than a South African ship going to sea from a port in the Republic, in lieu of a person duly certificated under this Act or deemed, in terms of the other provisions of this Act, to be so certificated, of a person who is the holder of such a certificate of competency or certificate of service as is referred to in subsection (1), and who possesses a knowledge of [either] one of the official languages of the Republic sufficient to enable him to give the necessary orders in the performance of his duties; and while any such permission remains in force, and if the conditions under which it was granted are complied with, the person so engaged shall be deemed to be duly certificated under this Act in respect of such ship, provided his certificate is of a grade appropriate to his station in such ship, or of a higher grade.".


11. The substitution for section 85 of the following section:

 

"Authority may vary requirements as to certificates

 

85. Notwithstanding the provisions of section 73 the [Minister] Authority may, in [his] its discretion and for such periods and under such conditions as [he] it may specify if [he] it is satisfied that no suitable holder of a certificate of the required grade and granted under this Act or referred to in section 83 or 84 or recognized under section 354 is available, permit a South African ship to go to sea from any port whatsoever or a ship other than a South African ship to go to sea from a port in the Republic without the prescribed number of certificated officers or other persons, and while any such permission remains in force any person who acts in terms thereof shall not, if the conditions under which it was granted are complied with, be deemed to have contravened the provisions of section 73.".


12. The amendment of section 87 by the substitution for subsection (2) of the following subsection:
"(2) If after consideration of the report on the medical examination the [Minister] Authority is satisfied that the person concerned is owing to continued ill-health or mental or physical defect incapable of performing satisfactorily the duties appertaining to his certificate of competency or service, [he] it may direct that until [he] it is satisfied that the holder of the certificate has again become capable of performing satisfactorily the duties appertaining to the said certificate, the holder shall not be engaged or go to sea in the capacity referred to in the certificate or in any other capacity specified by the [Minister] Authority.".


13. The amendment of section 90 by the substitution for subsection (1) of the following subsection:

 

"(1) No person shall be employed as a cadet on board any South African ship unless he is a South African citizen or a citizen of a treaty country (other than the Republic) or a citizen of any other country whom the [Minister] Authority has in [his] its discretion and subject to any conditions which [he] it may have imposed, permitted to be so employed, and has attained the age of sixteen years and the master of the ship undertakes to train him or cause him to be trained in navigation and seamanship or in engineering and in the duties of a ship’s officer.".


14. The amendment of section 93 by the substitution for subparagraph (iii) of paragraph (a) of the following subparagraph:
"(iii) is a South African citizen or citizen of a treaty country (other than the Republic) or a citizen of any other country whom the [Minister] Authority has in [his] its discretion and subject to any conditions which [he] it may have imposed, permitted to be indentured, and has attained the age of sixteen years;".


15. The amendment of section 111 by the substitution for subparagraph (i) of paragraph (a) of subsection (1) of the following subparagraph:
"(i) to the employment of a young person on such work as aforesaid in a school-ship or training-ship, if the work is of a kind approved by the [Minister] Authority and is carried on subject to supervision by officers approved or appointed by [him] it; or".


16. The amendment of section 112 by the substitution for paragraph (a) of subsection (3) of the following paragraph:
"(a) The [Director-General] Authority shall grant to every person who produces proof to [his] its satisfaction that he was serving as able seaman or in an equivalent or superior deck rating in a South African ship prior to the coming into operation of this section a certificate of qualification as able seaman.".


17. The amendment of section 153 by the substitution for subsection (4) of the following subsection:
"(4) Any duplicate agreement with the crew delivered to a proper officer in terms of paragraph (c) of section 103 or any statement of a change of the crew transmitted to a proper officer in terms of section 104 at the time of the departure of the ship from the port last visited, and any certificate purporting to be a certificate issued in terms of section 105(1), stating that certain seamen and apprentice-officers joined the ship at the said port shall, if produced by the [Director-General or any person thereto authorized by him] Authority, be taken in the absence of proof to the contrary as sufficient proof that the seamen and apprentice-officers therein named as belonging to the ship were on board at the time of the loss.".


18. The amendment of section 158—
(a) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words:

"If the [Minister] Authority is satisfied—";

(b) by the substitution in subsection (2) for the words following on paragraph (b) of the following words:

"[he] it may direct that a refrigerator of a capacity and design approved by [him] it be provided instead of a refrigerating chamber."; and

(c) by the substitution for subsection (3) of the following subsection:

"(3) If the [Minister] Authority is satisfied that because of the nature and conditions of the projected voyage of the ship the provision of a refrigerating chamber or a refrigerator would be unreasonable or unnecessary, [he] it may exempt the ship from the provisions of this section.".


19. The substitution for sections 192 and 193 of the following sections, respectively:

 

"Issue of safety convention certificates in respect of passenger ships

 

192. If, after consideration of the report of a surveyor, the [Minister] Authority is satisfied—
(a) that a passenger ship which, in terms of this Act, is required to be registered is constructed and equipped in accordance with all the requirements of the construction regulations, the life-saving equipment regulations, the radio regulations, the collision regulations and any other regulations which may have been made, which are applicable to the ship when plying on international voyages or on short international voyages, [he] it shall cause to be issued in respect of the ship a passenger ship safety certificate for an international voyage or a short international voyage, as the case may be;
(c) that a passenger ship which, in terms of this Act, is required to be registered is exempt, by virtue of the exercise by [him] it of a power conferred on [him] it by the construction regulations, the life-saving equipment regulations, the radio regulations, the collision regulations or any other regulations which may have been made, from any of the requirements of the said regulations applicable to the ship when plying on international voyages, or on short international voyages, or when engaged in any special passenger trade on such voyages, and that she is constructed and equipped in accordance with the remaining requirements, [he] it shall cause to be issued in respect of the ship an exemption certificate and a passenger ship safety certificate.


Issue of safety convention certificates in respect of ships other than passenger ships

 

193. If, after consideration of the report of a surveyor, the [Minister] Authority is satisfied—


(1) that a ship (other than a passenger ship) to which the Safety Convention applies and which, in terms of this Act, is required to be registered is constructed and equipped in accordance with all the requirements of the construction regulations, the life-saving equipment regulations, the collision regulations and any other regulations which may have been made, which are applicable to the ship when plying on international voyages, [he] it shall cause to be issued in respect of that ship—
(a) a cargo ship safety construction certificate relating to the matters applicable to the issue of such a certificate; and
(b) a cargo ship safety equipment certificate relating to the matters applicable to the issue of such a certificate;


(2) that a ship (other than a passenger ship) to which the Safety Convention applies and which, in terms of this Act, is required to be registered is exempt, by virtue of the exercise by [him] it of a power conferred on [him] it by the construction regulations, the life-saving equipment regulations, the collision regulations or any other regulations which may have been made, from any of the requirements of the said regulations applicable to the ship when plying on international voyages, and that she is constructed and equipped in accordance with the remaining requirements, [he] it shall cause to be issued in respect of the ship—
(a) an exemption certificate and a cargo ship safety construction certificate if the matters from which the ship is exempt relate to such latter certificate; and
(b) an exemption certificate and a cargo ship safety equipment certificate, if the matters from which the ship is exempt relate to such latter certificate;


(3) that a ship (other than a passenger ship) to which the Safety Convention applies and which, in terms of this Act, is required to be registered, is equipped in accordance with all the requirements of the radio regulations applicable to the ship when plying on international voyages, [he] it shall cause to be issued in respect of the ship a cargo ship safety radio certificate;


(4) that a ship (other than a passenger ship) to which the Safety Convention applies and which, in terms of this Act, is required to be registered is exempt, by virtue of the exercise by [him] it of a power conferred on [him] it by the radio regulations, from any or all of the requirements of the said regulations applicable to the ship when plying on international voyages, and that she is equipped in accordance with the remaining requirements (if any), [he] it shall cause to be issued in respect of the ship—
(a) an exemption certificate; and
(b) in the case of a ship which is not exempt from all the said requirements, a cargo ship safety radio certificate.".


20. The amendment of section 194 by the substitution in subsection (1) for the words preceding subparagraph (i) of paragraph (b) of the following words:

"If, after consideration of the report of a surveyor, the [Director-General] Authority is satisfied that a vessel referred to in subsection (2)—

(a) is constructed and equipped in accordance with all the requirements of the construction regulations, the lifesaving equipment regulations, the radio regulations, the collision regulations and any other regulations which may have been made, which are applicable to the vessel when engaged in the voyages or the operations in which it is intended that she shall be engaged, [he] it shall cause to be issued in respect of the vessel a local general safety certificate stating that she is so constructed and equipped, and specifying the voyages or the operations in which the vessel is by the certificate authorized to be engaged;
(b) is exempt, by virtue of the exercise by [him] it of a power conferred on [him] it by the regulations referred to in paragraph (a), from any of the requirements of the said regulations and is constructed and equipped in accordance with the remaining requirements, [he] it shall cause to be issued in respect of the vessel—".


21. The amendment of section 196 by the substitution for subsection (1) of the following subsection:
"(1) If, on any international voyage, a passenger ship registered in the Republic, in respect of which a safety convention certificate is in force, has on board a total number of persons less than the number stated in that certificate to be the number for which the life-saving appliances on the ship provides, the [Director-General or any other person authorized by him for the purpose] Authority may, at the request of the master of the ship, issue a memorandum stating the total number of persons carried on the ship on that voyage, and the consequent modification which may be made for the purpose of that voyage in the particulars with respect to life-saving appliances stated in the certificate, and that memorandum shall be annexed to the certificate.".


22. The amendment of section 197 by the substitution for paragraphs (a) and (b) of subsection (3) of the following paragraphs, respectively:

"(a)        The Authority may grant an extension of—

(i) any safety convention certificate, except a cargo ship safety construction certificate; or
(ii) any local safety certificate,

issued in respect of any vessel registered or licensed under this Act, for a period not  exceeding one month from the date when the certificate would, but for the extension, have expired, or, if the vessel is absent from the Republic on that date, for a period not exceeding five months from that date.

(b) If any safety convention certificate, except a cargo ship safety construction certificate, issued in respect of a ship not registered in the Republic, expires while such ship is in any port in the Republic, the [Minister or any person authorized thereto by him] Authority may, for sound reasons, extend such certificate for any period not exceeding five months, which extension shall be granted only for the purpose of allowing such ship to complete its voyage to the country in which it is registered or is to be inspected.".


23. The amendment of section 198 by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

"The Authority may direct that a safety convention certificate or a local safety certificate be cancelled, if, by reason of the contents of a report by a surveyor, or for any other reason, it is satisfied that—".


24. The substitution for section 199 of the following section:

"Surrender of expired or cancelled safety convention certificate or local safety certificate

199.

(1) A safety convention certificate or a local safety certificate which has expired or has been cancelled shall on demand be surrendered by the owner or master of the ship to the [Director-General or a person nominated by him] Authority.
(2) If any certificate required to be surrendered under subsection (1) is not surrendered, the [Director-General or his nominee who has demanded its surrender] Authority may cause the ship to be detained until the certificate is surrendered.".


25. The amendment of section 202 by the substitution in subsection (2) for the first sentence of the following sentence:

"The [Minister] Authority may, at the request of the Government of a country to which the Safety Convention applies, cause an appropriate safety convention certificate to be issued in respect of a ship registered in that country, if [he] it is satisfied in like manner as in the case of a ship registered in the Republic, that the certificate can properly be issued: Provided that [he] it may cause the certificate to be issued if [he] it is satisfied that the ship is constructed and equipped in accordance with all the requirements of the construction regulations, the life-saving equipment regulations, the radio regulations and any other regulations which may have been made and which are applicable to the ship and to the voyages on which she is to be engaged, in so far as those requirements are requirements of the Safety Convention applicable as aforesaid, notwithstanding the fact (if it be so) that she is not constructed or equipped in accordance with any requirements of the said regulations that are not applicable requirements of the Safety Convention, and that she is equipped in accordance with the requirements of the collision regulations.".


26. The amendment of section 203—
(a) by the substitution for subsections (5) and (6) of the following subsections, respectively:
"(5) Notwithstanding the provisions of [paragraph (a) of] subsection (3)(a), if the non-South African safety convention certificate produced in respect of any such ship states the maximum number of persons that the ship is fit to carry, or if in addition to the non-South African safety convention certificate there is produced a certificate issued by or under the authority of the Government of the country in which the ship is registered stating the maximum number of persons that the ship is fit to carry, and the [Minister] Authority is satisfied that that number has been determined substantially in the same manner as it would have been determined in the case of a ship registered in the Republic, [he] it may, if [he] it thinks fit, dispense with any inspection of the ship for the purpose of determining the maximum number of persons that she is fit to carry.
(6) If after consideration of the report of a surveyor of an inspection made under [paragraph (b) of] subsection (3)(b), the [Minister] Authority is satisfied that a ship in respect of which a non-South African safety convention certificate has been produced is unseaworthy, [he] it may direct that the said certificate be not recognized in the Republic, and thereafter the said certificate shall have no effect in the Republic."; and


(b) by the substitution in subsection (7) for the proviso of the following proviso:

"Provided that, if, after consideration of the report of a surveyor on an inspection of such ship, the [Director-General] Authority is satisfied that she is not in the condition of seaworthiness indicated in such certificate, [he] it may direct that the certificate be not recognized in the Republic, and thereafter the said certificate shall have no effect in the Republic.".


27. The amendment of section 204 by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

"If, after consideration of the report of a surveyor of his inspection of a load line ship registered in the Republic, the [Minister (in the case of an international load line ship), or the Director-General (in the case of a local load line ship)] Authority is satisfied that the ship is exempt by virtue of the exercise by [him] it of a power conferred on [him] it by the load line regulations, from any or all of the requirements of the said regulations and that the ship complies with the remaining requirements (if any), the [Minister or the Director-General, as the case may be] Authority shall cause to be issued in respect of that ship—".


28. The amendment of section 207—
(a) by the substitution for the words preceding paragraph (a) of the following words:

"If, after consideration of the report of a surveyor of his inspection of a load line ship registered in the Republic, the [Minister (in the case of an international load line ship), or the Director-General (in the case of a local load line ship)] Authority is satisfied that—"; and

(b) by the substitution for the words following on paragraph (c) and preceding subparagraph (i) of the following words:

"the [Minister or the Director-General, as the case may be] Authority shall cause to be issued in respect of that ship—".


29. The amendment of section 209 by the substitution for subsection (2) of the following subsection:
"(2) The Authority may grant an extension of any international load line certificate or of any local load line certificate, issued in respect of any ship registered under this Act, for a period not exceeding one month from the date when the certificate would, but for the extension, have expired, or, if the ship is absent from the Republic on that date, for a period not exceeding five months from that date.".


30. The amendment of section 210 by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

"The Authority may direct that an international load line certificate or a local load line certificate be cancelled, if it is satisfied that—".


31. The substitution for section 211 of the following section:

 

"Surrender of expired or cancelled load line certificate

 

211.

(1) A load line certificate which has expired or has been cancelled, shall on demand be surrendered by the owner or master of the ship to the [Director-General or a person nominated by him] Authority.
(2) If any certificate required to be surrendered under subsection (1) is not surrendered, the [Director-General or his nominee who has demanded its surrender] Authority may cause the ship to be detained until the certificate is surrendered.".


32. The amendment of section 215 by the substitution in subsection (2) for the first sentence of the following sentence:

"The [Minister] Authority may, at the request of the Government of a country to which the Load Line Convention applies, cause an international load line convention certificate to be issued in respect of a load line ship registered in that country, if [he] it is satisfied, in like manner as in the case of a ship registered in the Republic, that the certificate can properly be issued: Provided that [he] it may cause the certificate to be issued if [he] it is satisfied that the ship is marked with deck lines and load lines in accordance with the requirements of the load line regulations in so far as those requirements are requirements of the Load Line Convention, notwithstanding the fact (if it be so) that she is not marked with deck lines and load lines in accordance with any requirements of the said regulations that are not requirements of the Load Line Convention.".


33. The amendment of section 217 by the substitution for paragraph (a) of subsection (2) of the following paragraph:
"(a) if a special load line certificate is issued in respect of a load line ship registered in a country to which the Load Line Convention does not apply, it shall be available in respect of international voyages as well as other voyages, but if issued in respect of a load line ship registered in a country to which the Load Line Convention applies, shall only be valid so long as the ship is not plying on international voyages, and shall be endorsed with a statement to that effect, and may be cancelled by the [Minister] Authority if [he] it is satisfied that the ship is so plying; and".


34. The amendment of section 231 by the substitution for subsections (2) and (3) of the following subsections, respectively:
"(2) The [Director-General] Authority may refuse to register any signals which, in [his] its opinion, cannot easily be distinguished from signals generally used as signals of distress, signals for pilots, signals of urgency, signals prescribed for indicating that a message is about to be sent relating to a danger, or from signals registered in the name of any other person.
(3) The [Director-General] Authority may, if [he] it thinks fit, cancel the registration of any signal at any time.".


35. The amendment of section 239—
(a) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words:

"If, by reason of the contents of a report made in terms of subsection (1), or for any other reason, the [Director-General] Authority is of the opinion or suspects—"; and

(b) by the substitution in subsection (2) for the words following on paragraph (c) of the following words:

"[he] it may give special directions for the inspection of the ship by a surveyor, notwithstanding the fact that a safety convention certificate, a local safety certificate or a load line certificate is still in force in respect of that ship.".


36. The amendment of section 247 by the substitution for subsection (1) of the following subsection:
"(1) If, on inspection, it is determined that any ship detained under the provisions of section 243 was not an unseaworthy ship, the expenses incurred in connection with the inspection shall be paid to the [Director-General] Authority by the person making the complaint, and if it be proved that there was not reasonable cause, by reason of the condition of the ship or the act or default of the owner or master, for the detention of the ship, the [Minister] Authority shall [out of moneys made available by Parliament for the purpose] pay to the owner compensation for any damage suffered by him by reason of the detention [or survey].".


37. The amendment of section 262 by the substitution for subsection (4) of the following subsection:
"(4) In the case of any foreign ship, which is incapable of being measured under the law of the Republic, the [Minister] Authority shall, after consideration of the available evidence concerning the dimensions of the ship, give a certificate [under his hand] stating what would, in [his] its opinion, have been the tonnage of the ship if she had been duly measured according to the law of the Republic; and the tonnage so stated in such certificate shall, for the purpose of section 261, be deemed to be the tonnage of the ship.".


38. The amendment of section 264—
(a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

"The [Director-General] Authority may in [his] its discretion appoint any competent person to hold a preliminary enquiry—"; and

(b) by the substitution for subsection (2) of the following subsection:
"(2) The [Director-General] Authority may request the Director-General of Labour to assign a person designated as an inspector under section 28 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), to assist a person appointed under subsection (1) to hold a preliminary enquiry.".


39. The amendment of section 282 by the substitution for subsection (1) of the following subsection:
"(1) If the [Director-General] Authority is of opinion that an appeal to a court of survey involves a question of construction or design or of scientific difficulty or an important principle, [he] it may refer the appeal to one or more experts approved by the Minister and selected by agreement between the [Director-General] Authority and the appellant, or, in default of any such agreement, by the Minister, and thereupon the appeal shall be determined by such experts instead of by the court.".


40. The substitution for section 288 of the following section:

"Delivery of Republic certificate which has been cancelled or suspended

288. A master or member of the crew who is the holder of a certificate issued in the Republic shall, if such certificate has been cancelled or suspended by the [Minister] Authority or a court of marine enquiry or suspended by a maritime court, deliver his certificate to the [Minister or] court on demand, or if it is not demanded by the [Minister or] court, to the [Director-General] Authority.".


41. The amendment of section 323 by the substitution for subsection (3) of the following subsection:
"(3) The [Director-General] Authority, if [he] it is satisfied that any such act of misconduct was committed and that the deduction of a fine was properly made, shall cause the amount of the fine to be paid into the [Consolidated Revenue] Maritime Fund established by section 38 of the South African Maritime Safety Authority Act, 1998; and if the [Director-General] Authority is not so satisfied, [he] it shall cause the amount deducted to be refunded to the seaman.".


42. The amendment of section 324 by the substitution for subsections (1) and (2) of the following subsections, respectively:
"(1) If any person—
(a) admits to the [Director-General] Authority that he has contravened any provision of this Act, or that he has failed to comply with any such provision with which it was his duty to comply; and
(b) agrees to abide by the decision of the [Director-General] Authority; and
(c) deposits with the [Director-General] Authority such sum as [that officer] may [require] be required of him, but not exceeding the maximum fine which may be imposed upon a conviction for the contravention or failure in question,

the [Director-General] Authority may, after such enquiry as [he] it deems necessary, determine the matter summarily and may, [as penalty] without legal proceedings, order [forfeiture of] by way of penalty the whole or any part of the said deposit to be forfeited.

(2) There shall be a right of appeal to the Minister from a determination or order by the Authority under subsection (1) whereby a penalty exceeding R2 000 is imposed, provided such right is exercised within a period of three months from the date of such determination or order.".


43. The amendment of section 325—
(a) by the substitution for the words preceding paragraph (a) of the following words:

"The [Minister, or the Director-General in cases where the power of release or mitigation of penalties has been delegated to him by the Minister,] Authority may—"; and

(b) by the substitution for the words following on paragraph (b) and preceding the proviso of the following words:

"on such conditions as to [him] it appear proper:".


44. The amendment of section 336 by the substitution for subsection (4) of the following subsection:
"(4) If notice is not given by the owner or interested person in terms of subsection (3), no legal proceedings shall thereafter be instituted by him against the State, the Minister, the Authority, the Director-General or any other officer for the release of the ship, share or goods or based merely upon the detention, seizure or forfeiture thereof.".


45. The amendment of section 337 by the substitution for subsection (1) of the following subsection:
"(1) The [Director-General] Authority or proper officer may, if it or he deems it expedient to do so, in order that any ship, share in a ship or goods in respect of which a notice of detention or of forfeiture has been served in terms of section 335 or 336, or in respect of which it is intended to cause such a notice to be so served, may be secured against damage, destruction, concealment, removal or rescue, cause that ship or share or those goods, as the case may be, to be seized by a person thereto authorized [by him in writing under his hand] for the purpose.".


46. The substitution for sections 343 and 343bis of the following sections, respectively:

 

"Notice of action against Government or Authority to be given

 

343.

(1) No legal proceedings shall be instituted against the State, the Minister, the Authority, the Director-General or any officer of the State or of the Authority in his capacity as such, for anything done in pursuance of any provision of this Act until one month after delivery of notice in writing.
(2) In the notice shall be clearly and explicitly stated the cause of action, the name and address of the person who is to institute proceedings, and the name and address of his attorney or agent, if any.


 

Indemnification of State and Authority and certain persons  in employ of State and Authority


343bis. Notwithstanding anything to the contrary in any law contained, the State and the Authority and [its] their officers and employees acting in the performance of their [duty] duties shall not be liable for—
(a) any loss or damage caused by the death of, or injury to, any person while conveyed in any vessel owned, operated or chartered by the State through its Department of Transport or by the Authority, or while entering or embarking upon or being in such vessel for the purpose of being conveyed in it, or while being in or alighting from such vessel after having been conveyed in it, if that person was so conveyed or to be so conveyed otherwise than in the performance of his [duty]  as an officer or employee of the State or the Authority and otherwise than for reward; or
(b) any loss of or damage to any goods conveyed in such a vessel otherwise than in the interests of the State or the Authority and otherwise than for reward.".


47. The amendment of section 344 by the substitution for subsection (4) of the following subsection:
"(4) The period of extinctive prescription in respect of legal proceedings against the State, the Minister, the Authority, the Director-General, or any officer of the State or of the Authority in his capacity as such, on a cause of action arising out of the provisions of this Act, other than a cause of action referred to in subsection (1) or (2), shall be one year, and shall begin to run on the date when the right of action first arose.".


48. The substitution—
(a) for the word "‘Director-General" wherever it occurs of the word "Authority", except in the definition of "Director-General" in section 2(1), and in sections 343 and 344; and
(b) for the word "Minister" wherever it occurs of the word "Authority", except in the definitions of "Minister" and "safety standard" in section 2(1), and in sections 3, 4, 5, 6, 13, 18(1) and (2), 72A, 73(2), 74(1), 84(1), 102, 180(1), 218, 264(2), 266, 267, 268, 275, 276, 277, 282, 290, 291, 324, 325, 327, 336, 343, 344, 353, 354, 356, 356bis, 356ter and 356quat.

Act 2 of 1981

Marine Traffic Act, 1981
49. The amendment of section 1—
(a) by the insertion before the definition of "authorized person" of the following definition:

" 'Authority' means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;"; and

(b) by the substitution for the definition of "authorized person" of the following definition:

" 'authorized person' means—

(a) any officer as defined in section 1(1) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), designated by the Minister;
(b) any officer of the South African Navy;
(c) any member of the South African Police Service above the rank of sergeant;
(d) any officer of the Authority;
(e) any member of the South African National Defence Force above the rank of sergeant employed on police duties in terms of section 3(2)(b) of the Defence Act, 1957 (Act No. 44 of 1957);
(f) any person accompanying any person referred to in paragraph (a), (b), (c), (d) or (e) and acting under his instructions;"


50. The amendment of section 5 by the substitution for subsection (2) of the following subsection:
"(2) The [Minister] Authority may require the master or owner of a ship immobilized or laid-up or to be immobilized or laid-up to find security to the satisfaction of the [Director-General] Authority in an amount determined by [the Director-General] it for the recovery of any costs incurred by the [Minister] Authority in enforcing any condition applicable to the immobilizing or laying-up of the ship, or in the exercise of [his] its powers under this Act.".


51. The amendment of section 9—
(a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

"The [Minister] Authority may require the master of a ship of which the passage is in terms of section 8 deemed to be not innocent or is believed by [him] the Authority to be not innocent—"; and

(b) by the substitution for subsections (3), (4) and (5) of the

following subsections, respectively:

"(3) If the [Minister] Authority is satisfied that the passage of the ship is not innocent, [he] it may cause the ship and its cargo or part thereof, or the ship or its cargo or part thereof, to be detained on such conditions as may be prescribed by regulation, for a period not exceeding seven days or such further period as an order of a division of the Supreme Court of South Africa may authorize.
(4) The [Minister] Authority may, in respect of the ship and its cargo or part thereof detained in terms of subsection (3)—
(a) cause the ship and cargo or part thereof to be released from such detention;
(b) subject to any order referred to in subsection (3), cause the ship and cargo or part thereof, or the ship or cargo or part thereof to be seized and dealt with in such manner as may be directed by [him] it.
(5) If the ship and cargo or part thereof, or the ship or cargo or part thereof, is sold by virtue of the provisions of subsection (4)(b), the proceeds of such sale shall be paid into the [National Revenue] Maritime Fund established by section 38 of the South African Maritime Safety Authority Act, 1998.


52. The amendment of section 11 by the substitution for subsections (2) and (3) of the following subsections, respectively:
"(2) If any person—
(a) admits to the [Director-General] Authority that he has contravened or failed to comply with any provision of this Act, which contravention or failure constitutes an offence;
(b) agrees to abide by the decision of the [Director-General] Authority; and
(c) deposits with the [Director-General] Authority such sum as [that officer] may [require] be required of him, but not exceeding the maximum fine which may be imposed upon a conviction for the contravention or failure in question,

the [Director-General] Authority may, after such enquiry as [he] it deems necessary, determine the matter summarily and may, without legal proceedings, order by way of penalty the whole or any part of the said deposit to be forfeited [by way of a fine].

(3) There shall be a right of appeal to the Minister from a determination or order by the [Director-General] Authority under subsection (2) whereby a [fine] penalty exceeding R2 000 is imposed, provided such right is exercised within a period of three months from the date of such determination or order.".


53. The substitution for section 13 of the following section:

 

"Limitation of liability

 

13. Any person in the service or acting on the authority of the State or the Authority or any other person exercising any power under this Act shall not be liable in respect of any loss or damage resulting from anything done or not done in good faith in terms of the provisions of this Act.".


54. The substitution for the word "Minister" wherever it occurs of the word "Authority", except in the definitions of "Minister" and "safety zone" in section 1, and in sections 7, 8C, 11(3), 12, 14, 15 and 16.

Act 6 of 1981

Marine Pollution (Control and Civil Liability) Act, 1981

55. The amendment of section 1 by the insertion in subsection (1) after the definition of "area of the Republic" of the following definition:

" 'Authority' means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;".


56. The amendment of section 4—
(a) by the substitution in paragraph (a) of subsection (1) for the words following on subparagraph (iii) and preceding paragraph (b) of the following words:

"in such manner and within such period as the [Minister] Authority may direct [if he deems fit to do so];", and

(b) by the substitution for paragraph (a) of subsection (2) of the following paragraph:

"(a) If, in the opinion of the [Minister] Authority, the master and the owner of the ship or tanker in question are or would be incapable of complying with a requirement made or contemplated in terms of subsection (1) or could not reasonably be expected to comply with such requirement, or the powers conferred upon the [Minister] Authority by subsection (1) are inadequate for the purpose contemplated in that subsection, the [Minister] Authority may cause any such steps to be taken as [he] it has power to require to be taken in terms of the said subsection.


57. The amendment of section 5—
(a) by the substitution for subsection (1) of the following subsection:
"(1) If in the opinion of the [Minister] Authority a harmful substance is likely to be discharged from a ship or a tanker [he] it may take such measures, including the destruction, burning or disposal in any other manner of the harmful substance in such ship or tanker, as [he] it may deem fit to guard against or to prevent pollution of the sea by such harmful substance.";

 
(b) by the substitution in subsection (3) for the words preceding paragraph (a) of the following words:

"If the [Minister] Authority takes measures under subsection (1) or causes any pollution to be removed under subsection (2), [he] it may order any person who—"; and


(c) by the substitution for subsection (6) of the following subsection:
"(6) The [Minister] Authority may institute, through an independent chartered accountant designated by [him] it for that purpose, a cost investigation in connection with any goods or service in respect of which an order has been issued by [him] it under subsection (3).".


58. The amendment of section 10 by the substitution for subsections (4), (5) and (6) of the following subsections, respectively:


"(4) Any person in the service or acting on the authority of the State or the Authority or any person engaged in terms of section 27(1) read with section 4(2)(a) or section 22(1), as the case may be, to perform any act required to be performed in terms of section 4(1), shall not be liable (except in the case of any wilful act or omission on the part of any such person) to any person for any loss of or damage to any ship, tanker or offshore installation or, in the case of such ship or tanker, its cargo or [oil] harmful substances, caused by or arising out of or in any manner connected with the performance of such act.


(5) If by virtue of the provisions of section 5 measures are being taken to guard against, prevent or remove pollution of the sea by a harmful substance in the prohibited area, any person in the service or acting on the authority of the State or the Authority, any officer of or member of the crew of any vessel employed in the taking of such measures, the employer of such officer or member, or the owner of such vessel, shall not be liable (except in the case of any wilful act or omission on the part of any such person, officer, member, employer or owner) to any person for any loss of or damage to any ship, tanker or offshore installation in the said area, or, in the case of such ship or tanker, its cargo or harmful substances, caused by or arising out of or in any manner connected with the taking of such measures.


(6) Any person in the service or acting on the authority of the State or the Authority or any person engaged in terms of section 27(1) read with section 4(2)(a) or section 22(1), as the case may be, to perform any act required to be performed in terms of section 4(1), shall not be liable (except in the case of any wilful act or omission on the part of any such person) for any loss or damage suffered or costs incurred by any person as a result of any measures taken, or as a result of any measures not having been taken, in terms of this Act, to prevent or remove pollution of the sea by a harmful substance.".


59. The amendment of section 14—
(a) by the substitution for subsections (2) and (3) of the following subsections, respectively:
"(2) If, on an application referred to in subsection (1), the [Director-General] Authority is satisfied that there will be in force in respect of the tanker in question, throughout the period for which the certificate is to be issued, a contract of insurance or other financial security for an amount contemplated in section 13(1), [he] it shall issue to the applicant such certificate in the prescribed form.


(3) If, on such an application, the [Director-General] Authority is of the opinion that a doubt exists as to whether the person providing the insurance or other financial security will be able to meet his obligations under the relevant contract, or as to whether the insurance or other financial security in question will in all circumstances cover the owner’s liability for any loss, damage or costs which may become payable by him in terms of the provisions of section 9(1), [he] it may refuse to issue a certificate.’’;


(b) by the substitution for paragraph (a) of subsection (4) of the following paragraph:
"(a) If at any time after the issue of a certificate in terms of this section the [Director-General] Authority is of the opinion that due to a change in the circumstances a doubt of the nature contemplated in subsection (3) has arisen, [he] it may cancel such certificate and shall upon such cancellation immediately notify the owner of the tanker in question and the person providing the insurance or other financial security thereof."; and


(c) by the substitution for subsections (5) and (6) of the following subsections, respectively:
"(5) The [Director-General] Authority shall send a copy of every certificate issued by [him] it and a copy of every notice of cancellation in terms of subsection (4) to every principal officer, who shall hold such copies available for public inspection.
(6) Whenever a certificate is cancelled in terms of subsection (4) the person to whom the certificate was issued shall at the request of the [Director-General] Authority return such certificate to [him] it within a period of thirty days as from the date of such request.".


60. The substitution for section 16 of the following section:

 

"Depositing of amount or furnishing of guarantee by owner of ship, tanker or offshore installation in respect of certain costs

 

16. If an amount has in terms of the provisions of section 9(1)(b) become payable by the owner of a ship, a tanker to which the provisions of section 13(1) do not apply or an offshore installation in respect of costs referred to in section 9(1)(b), or if the [Director-General] Authority believes, on reasonable grounds, that an amount may become so payable, such owner shall either deposit with the [Director-General] Authority an amount, or furnish the [Director-General] Authority with a written guarantee, acceptable to [him] it, for the payment of an amount deemed by the [Director-General] Authority to be sufficient to satisfy the amount which has or may become so payable by the said owner."


61. The amendment of section 17—
(a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

"If the [Director-General] Authority is satisfied that no amount in respect of costs referred to in section 9(1)(b) is, or will become, payable in terms of the provisions of that section by an owner referred to in section 16 and that no pollution or further pollution of the sea by oil will be caused by the ship, tanker or offshore installation in question, [he] it shall—"; and

(b) by the substitution for subsection (2) of the following subsection:
"(2) The [Director-General] Authority may at any time refund so much of any amount deposited in terms of section 16, or, as the case may be, agree to a reduction of any amount guaranteed in terms of the said section by so much, as, in [his] its opinion, is not required to satisfy any costs referred to in section 9(1)(b).".


62. The amendment of section 18 by the substitution for the word "Minister" where it last occurs of the word "Authority".


63. The amendment of section 21 by the substitution for subsection (2) of the following subsection:
"(2) In giving [his] its permission for the performance of any act referred to in subsection (1), the [Minister] Authority may impose any conditions subject to which such act shall be performed, and such conditions may include the obligation to obtain the services of one or more tugs, spray boats or other vessels to stand by during a period determined by the [Minister] Authority."


64. The substitution for sections 26 and 27 of the following sections, respectively:

 

"Income and expenditure


26.

(1) There shall be paid into the National Revenue Fund—
(a) any amount deposited in terms of section 16 representing a sum deemed to be sufficient in terms of section 9(2)(b)(ii); and
(b) any other money which may become payable to the State by virtue of the provisions of this Act.


(2) Expenses incurred—
(a) to undertake or promote the research determined by the Minister, on any matter which, in the opinion of the Minister, is connected with the pollution of the sea by harmful substances;
(b) when the Minister deems it necessary or expedient in the public interest, for defraying expenditure incurred in preventing or removing the pollution of the sea by harmful substances in or discharged from ships, tankers or offshore installations and in connection with matters incidental thereto;
(c) for the payment of remuneration and allowances of persons engaged in terms of section 27(1) and persons referred to in section 27(3)(b);
(d) for the defraying of expenses incurred in removing, or in taking steps to prevent, pollution of the sea by harmful substances, in terms of section 27(6);
(e) for the hire or purchase of equipment, buildings, machinery and accessories, apparatus, seagoing vessels, vehicles, aircraft and any other movable or immovable property deemed by the Minister to be necessary for or conducive to the achievement of the objects of this Act;
(f) for the defraying of expenses incurred in the instruction of officers of the State and other persons in connection with pollution of the sea by harmful substances and in the training of such officers and persons in the prevention and removal of such pollution and in activities incidental thereto;
(g) for any purpose connected with the performance by the Authority of its functions in terms of the provisions of this Act,

shall be defrayed out of money appropriated by Parliament for such purpose: Provided that, for the purposes of paragraph (b), the defraying of expenditure incurred in preventing or removing pollution of the sea by harmful substances in or discharged from any ship, tanker or offshore installation shall not exempt the owner of such ship, tanker or offshore installation from liability under this Act for payment of such expenditure.


(3) There shall be paid to the Authority—
(a) any amount deposited in terms of section 16 other than a sum deemed to be sufficient in terms of section 9(2)(b)(ii);
(b) the proceeds of the realisation of any goods, property or assets in terms of section 19;
(c) all money paid to or recovered by the Authority in consequence of a removal in terms of section 27(6); and (d) any other money which may become payable to the Authority by virtue of the provisions of this Act.


Sundry powers


27.

(1) The Minister may, subject to the laws governing the public service, engage as many persons as he may deem necessary to perform such functions as may be required to be performed in order to carry out the provisions of this Act.


(2) If a person who is or was employed by virtue of the provisions of subsection (1) caused the State any loss or damage because he—
(a) is or was responsible for a deficiency in money in the National Revenue Fund, or for the destruction of, or damage to, any property acquired with money from the National Revenue Fund or any other State property;
(b) due to any wilful act or omission on his part, is or was responsible for any claim necessitating any payment from the National Revenue Fund,

such loss or damage may be recovered from such person in the prescribed manner.


(3)

(a) The Minister may establish such bodies as he may deem necessary to assist him in carrying out the provisions of this Act.
(b) The remuneration and other conditions of service of persons serving on any body contemplated in paragraph (a) shall from time to time be determined by the Minister with the concurrence of the Minister of Finance.


(4) The Minister may establish and maintain a patrol service by means of boats, ships and aircraft to patrol the prohibited area with a view to combating pollution of the sea by harmful substances.


(5) The Minister and the Authority may do all such other things as are incidental or conducive to the performance of his or its functions in terms of this Act.


(6) The Minister and the Authority may cause steps not in conflict with the Marine Pollution (Intervention) Act, 1987 (Act No. 64 of 1987), to be taken to remove or prevent pollution of the sea by harmful substances outside the prohibited area in such circumstances and on such conditions as he or it may deem fit.".


65. The amendment of section 29 by the substitution for the words "as well as the Director-General" of the words ", the Director-General and the Authority".


66. The amendment of section 30 by the substitution for subsection (3) of the following subsection:
"(3) If any person—
(a) admits to the [Director-General] Authority that he has contravened any provision of this Act, or that he has failed to comply with any such provision with which it was his duty to comply;
(b) agrees to abide by the decision of the [Director-General] Authority; and
(c) deposits with the [Director-General] Authority such sum as [that officer] may [require] be required of him, but not exceeding the maximum fine which may be imposed upon a conviction for the contravention or failure in question,

the [Director-General] Authority may, after such enquiry as [he] it deems necessary, determine the matter summarily and may, without legal proceedings, order by way of penalty the whole or any part of the said deposit to be forfeited.".


67. The substitution—
(a) for the word "Director-General" wherever it occurs of the word "Authority", except in sections 1, 9 and 29;
(b) for the words "Marine Division of the Department of Transport" wherever they occur of the word "Authority"; and
(c) for the word "Minister" wherever it occurs of the word "Authority", except in sections 1, 9(2)(b) and (5)(b), 18, 24, 25, 26, 27, 28, 29 and 30(4).

Act 1 of 1986

Carriage of Goods by Sea Act, 19861

None

Act 2 of 1986

Marine Pollution (Prevention of Pollution from Ships) Act, 1986
68. The amendment of section 1 by the insertion before the definition of "Convention" of the following definition:

" 'Authority' means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;".


69. The amendment of section 2 by the substitution for paragraph (b) of subsection (2) of the following paragraph:
"(b) to the Administration or Government shall, in relation to a South African ship or the Republic, be construed as, or as including, a reference to the [Minister] Authority or any person acting on [his or her] its authority.".


70. The amendment of section 3A by the substitution for subsections (5) and (6) of the following subsections, respectively:
"(5) If any person—
(a) admits to the [Director-General] Authority that he or she has contravened or failed to comply with any provision of this Act or the Convention, which contravention or failure constitutes an offence under this Act;
(b) agrees to abide by the decision of the [Director-General] Authority; and
(c) deposits with the [Director-General] Authority such sum as [that officer] may [require] be required of him or her, but not exceeding the maximum fine which may be imposed for a conviction for the contravention or failure in question,

the [Director-General] Authority may, after such enquiry as [he or she] it deems necessary, determine the matter summarily and may, without legal proceedings, order by way of penalty the whole or any part of the said deposit to be forfeited [to the State by way of a penalty].

(6) There shall be a right of appeal to the Minister from a determination or order by the [Director-General] Authority under subsection (5) whereby a penalty exceeding R10 000 is imposed [under subsection (5)], provided such right is exercised within a period of three months from the date of such determination or order.".

Act 64 of 1987

Marine Pollution (Intervention) Act, 1987
71. The amendment of section 1 by the insertion before the definition of ‘‘Convention’’ of the following definition:

" 'Authority' means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;".


72. The amendment of section 2 by the substitution in subsection (3) for the words "Minister of Transport or any officer of the Department of Transport acting on the authority of that Minister" of the word "Authority".

Act 15 of 1994

Maritime Zones Act, 1994

None

Act 94 of 1996

Wreck and Salvage Act, 1996
73. The amendment of section 1 by the insertion before the definition of "Convention" of the following definition:

" 'Authority' means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998;".


74. The substitution for section 18 of the following section:


"Powers of Authority in respect of certain wrecks and ships

 

18.

(1)

(a) When a ship is wrecked, stranded or in distress, the [Minister] Authority may direct the master or owner of such ship, or both such master and such owner, either orally or in writing to move such ship to a place specified by the [Minister] Authority or to perform such acts in respect of such ship as may be specified by the [Minister] Authority.
(b) If the master or owner of a ship referred to in paragraph (a) fails to perform within the time specified by the [Minister] Authority any act which he or she has in terms of that paragraph been required to perform, the [Minister] Authority may cause such act to be performed.
(2) The [Minister] Authority may, notwithstanding the provisions of subsection (1), cause any wreck or any wrecked, stranded or abandoned ship or any part thereof to be raised, removed or destroyed or dealt with in such a manner as [he or she] it may deem fit, if [he or she] it has not been able to contact the master or the owner of the said wreck, ship or part thereof.
(3) If the [Minister] Authority incurs any expenses in connection with the exercise of any power in terms of subsection (1)(b) or (2), [he or she] it may recover such expenses from the owner of the wreck or ship in question or, in the case of an abandoned wreck or ship, from the person who was the owner thereof at the time of the abandonment.
(4) If the [Minister] Authority incurred or will incur any expenses in connection with the exercise of any power in terms of subsection (1)(b) or (2) in respect of any wreck or ship, [he or she] it may cause any goods to be removed from such wreck or ship.
(5) The [Minister] Authority may—
(a) sell any wreck or ship in respect of which any power has been exercised in terms of subsection (1)(b) or (2), any part of such wreck or ship and any goods removed therefrom in terms of subsection (4) and apply the proceeds of the sale towards the defrayal of any expenses incurred in connection with the exercise of such power; or
(b) cause any such wreck, ship or goods to be detained until security to the satisfaction of the [Minister] Authority has been given for the payment of such expenses.
(6) If any wreck, ship or goods are sold in terms of subsection (5) and the proceeds of the sale exceed the amount of the expenses referred to in that subsection, the surplus shall be paid to the owner of the wreck, ship or goods in question after deducting therefrom the amount of any duty payable in respect of such wreck, ship or goods in terms of the Customs and Excise Act, 1964.
(7) The [Minister] Authority, or any person acting under the authority of the [Minister] Authority, shall not be liable in respect of anything done in good faith in terms of the provisions of this section.".