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Merchant Shipping Act 2007 Merchant Shipping Act 2007 http://supremecourt.intnet.mu/Entry/dyn/GuestGetDoc.Asp?Doc_Idx=403... MERCHANT SHIPPING ACT 2007 Act No. 26 of 2007 Proclaimed by [ Proclamation No. 10 of 2009 ] w.e..f. 1 June 2009 Government Gazette of Mauritius No. 120 of 27 December 2007 I assent SIR ANEROOD JUGNAUTH President of the Republic 26 December 2007 ______________ ARRANGEMENT OF SECTIONS Section PART I - INTRODUCTORY 1. Short title 2. Interpretation 3. Application of Act PART II - ADMINISTRATION 4. Director of Shipping 5. Registrar of Ships 6. Superintendent of Shipping 7. Other staff 8. Powers of officers 9. Officers’ reports 10. Shipping casualties 11. Court of Investigation 1 of 149 2/1/2010 11:46 AM Merchant Shipping Act 2007 http://supremecourt.intnet.mu/Entry/dyn/GuestGetDoc.Asp?Doc_Idx=403... PART III - REGISTRATION OF SHIPS Sub-Part I - General 12. The Register 13. Entries in the Register 14. Mauritius ships 15. Port of registration 16. Ownership of Mauritius ships 17. Representative person 18. Equitable interests Sub-Part II – Registration (other than bareboat charter ships) 19. Application for registration 20. Survey and measurement 21. Carving and marking 22. Identification number 23. Name of ship 24. National colours 25. Insurance cover 26. Registration and refusal to register 27. Retention of documents 28. Right of owner and mortgagee 29. Alterations to ships 30. Transfer or transmission of ship or share 31. Transfer of ships 32. Transmission of property 33. Registration anew 34. Refusal to register on transfer or transmission 35. Transfer by order of Court 36. Power of Judge 37. Duplicate certificate of registration 38. Provisional certificate of registration 39. Interim registration 40. Termination of registration 2 of 149 2/1/2010 11:46 AM Merchant Shipping Act 2007 http://supremecourt.intnet.mu/Entry/dyn/GuestGetDoc.Asp?Doc_Idx=403... Sub-Part III – Mortgages and maritime liens 41. Mortgage of ship or share 42. Priority of mortgages 43. Discharge of mortgage 44. Powers of mortgagee 45. Bankruptcy of mortgagor 46. Transfer and transmission of mortgage 47. Maritime liens 48. Priority of maritime liens 49. Right of retention 50. Judicial sale of ships Sub-Part IV – Bareboat charter ships 51. Registration of bareboat charter ships 52. Application of Act to bareboat charter ships 53. Interest in ships registered under section 51 54. Refusal to register bareboat charter ship 55. Termination of registration of bareboat charter ship 56. Registration of Mauritius ships in foreign bareboat charter registry 57. Consequences of registration under section 56 58. Revocation of permission granted under section 56 PART IV – ENGAGEMENT, DISCHARGE AND WELFARE OF SEAMEN Sub-Part I – General 59. Interpretation of Part IV Sub-Part II – Engagement, wages and discharge 60. Crew agreements 61. Medical certificate 62. Premature termination of service 63. Improper discharge 64. Payment of wages and account of wages 65. Disputes on wages 66. Termination of employment due to illness 67. Attachment and assignment of wages 3 of 149 2/1/2010 11:46 AM Merchant Shipping Act 2007 http://supremecourt.intnet.mu/Entry/dyn/GuestGetDoc.Asp?Doc_Idx=403... 68. Interest on wages due 69. Allotment of wages 70. Right or loss of right to wages 71. Protection of wages and liens 72. Master’s lien 73. Discharge of seafarer outside Mauritius 74. Seafarer left behind abroad 75. Discharge where ship ceases to be registered 76. Death or personal injury 77. Personal effects Sub-Part III – Safety, health and welfare 78. Obligation as to seaworthiness 79. Complaint about provisions or water 80. Medical and other treatment during voyage 81. Young persons and apprentices 82. Fitness or conduct of officer 83. Holders of certificates who are not officers 84. Rehearing of inquiry 85. Power to restore certificate 86. Seafarer left behind or shipwrecked 87. Employer’s liability under section 84 88. Recovery of expenses from employer 89. Recovery of expenses from seafarer 90. Relief and repatriation of foreign seafarer 91. Application of sections 84 to 88 to ship’s master 92. Official log book 93. Entries in official log book 94. Deck and engine room log books 95. Lists of crew 96. Continuous discharge book PART V – SAFETY OF NAVIGATION Sub-Part I – Collisions and preventive measures 97. Lights and fog signals 98. Liability for collision 99. Inspection of lights, shapes and signals 100. Duty to give assistance after collision 4 of 149 2/1/2010 11:46 AM Merchant Shipping Act 2007 http://supremecourt.intnet.mu/Entry/dyn/GuestGetDoc.Asp?Doc_Idx=403... 101. Master to notify hazards to navigation 102. Master’s duty where ice is reported 103. Duty to assist ships or persons in distress 104. Right to requisition ships when in distress 105. Report of accident to a ship 106. Apprehended loss of ship 107. Aids to navigation 108. Application of Safety Convention 109. Exemptions 110. Inspection of ships holding Safety Convention certificates 111. Ships to carry stability information Sub-Part II – Load Lines A - General 112. Interpretation of Sub-Part II 113. Application of Sub-Part II 114. Load Line regulations 115. Exemption orders B – Mauritius ships 116. Compliance with regulations 117. Submersion of load lines 118. Issue of certificate 119. Publication and entry of certificate C – Foreign ships 120. Compliance with regulations 121. Submersion of load lines 122. Issue of certificate 123. Production of certificate 124. Inspection of foreign ships 5 of 149 2/1/2010 11:46 AM Merchant Shipping Act 2007 http://supremecourt.intnet.mu/Entry/dyn/GuestGetDoc.Asp?Doc_Idx=403... Sub-Part III – Grain and Dangerous goods 125. Application of Sub-Part III 126. Carriage of grain 127. Carriage of dangerous goods Sub-Part IV – Unsafe ships 128. Power to detain unsafe ships 129. Compensation and security 130. Safe operation of ships PART VI – WRECK AND SALVAGE Sub-Part I – Interpretation 131. Interpretation of Part VI Sub-Part II – Wreck 132. Receiver of Wreck 133. Duty of finder of wreck 134. Notice of wreck 135. Claim of owner of wreck 136. Immediate sale of wreck 137. Unclaimed wreck 138. Delivery of wreck and payment of proceeds 139. Release of goods by Customs 140. Wreck in territorial sea Sub-Part III – Salvage 141. Application of Sub-Part III 142. Life salvage 143. Salvage of cargo 144. Excluded services 145. Salvage remuneration 146. Salvage contracts 147. Duties of salvor 148. Duties of owner and master 6 of 149 2/1/2010 11:46 AM Merchant Shipping Act 2007 http://supremecourt.intnet.mu/Entry/dyn/GuestGetDoc.Asp?Doc_Idx=403... 149. Duties of other persons 150. Powers of Director 151. Criteria for determining remuneration 152. Responsibility for payment 153. Special compensation 154. Services rendered pursuant to a contract 155. Apportionment of remuneration 156. Salvor’s misconduct 157. Maritime lien 158. Duty to provide security 159. Interim payment 160. Humanitarian cargo 161. Salvage dispute 162. Valuation of property salved 163. Detention of property 164. Sale of detained property 165. Apportionment by Receiver 166. Apportionment by Court 167. Limitation of action PART VII – CONTROL OF AND RETURNS ON PERSONS ON SHIPS 168. Objectionable persons 169. Stowaways 170. Master’s power of arrest 171. Status of person conveyed on Mauritius ship 172. Passenger returns 173. Births and deaths on ships PART VIII – CARRIAGE OF PASSENGERS AND LUGGAGE 174. Interpretation of Part VIII 175. Application of Part VIII 176. Liability of carrier 177. Performing carrier 178. Valuables 179. Contributory fault 180. Limit of liability for death or personal injury 181. Limit of liability for loss of, or damage to, luggage 182. Conversion of special drawing rights 7 of 149 2/1/2010 11:46 AM Merchant Shipping Act 2007 http://supremecourt.intnet.mu/Entry/dyn/GuestGetDoc.Asp?Doc_Idx=403... 183. Defences and limits for agents 184. Aggregation of claims 185. Loss of right to limit liability 186. Notice of loss of or damage to luggage 187. Time bar for actions 188. Competent jurisdiction 189. Invalidity of certain agreements 190. Application of other limitation regimes 191. Nuclear damage 192. States parties to Convention PART IX – LIMITATION AND DIVISION OF LIABILITY FOR MARITIME CLAIMS 193. Persons entitled to limit liability 194. Claims subject to limitation 195. Claims excepted from limitation 196. Counter claims 197. Limitation calculations 198. Limits of liability for salvors 199. Limitation calculations for fixed claims 200. Liability of dock owner 201. Limits for passenger claims 202. Conversion of special drawing rights 203. Aggregation of claims 204. Constitution of limitation fund 205. Distribution of fund 206. Bar to other actions 207. Apportionment of liability 208. Joint and several liability 209. Right of contribution 210. Time limit for proceedings against owner of ship 211. Scope of application of Part IX 212. Exclusion of liability 8 of 149 2/1/2010 11:46 AM Merchant Shipping Act 2007 http://supremecourt.intnet.mu/Entry/dyn/GuestGetDoc.Asp?Doc_Idx=403... PART X – PIRACY, HIJACKING AND OTHER OFFENCES Sub-Part I – Piracy and hijacking 213. Piracy 214. Hijacking and destroying ships 215. Endangering safe navigation 216. Master’s power of delivery Sub–Part II – Other offences 217. Other offences PART XI – LEGAL PROCEEDINGS 218. Jurisdiction in criminal matters 219. Powers of arrest 220. Detention of ships 221. Forfeiture of ships 222. Recovery of fines and judgment debts from ship owners 223. Summons to witness 224. Depositions of persons made abroad 225. Admissibility of documents 226. Inspection and admissibility of copies of certain documents 227. Service of documents PART XII – MISCELLANEOUS 228. Regulations 229. Minister’s power to dispense 230. Immunity of Government and public officers 231. Port clearances 232. Restrictions on trading 233. Consequential amendments 234. Repeal 235. Transitional provisions 236. Commencement ______________ 9 of 149 2/1/2010 11:46 AM Merchant Shipping Act 2007 http://supremecourt.intnet.mu/Entry/dyn/GuestGetDoc.Asp?Doc_Idx=403..
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