[chap7101]chapter 71:01 inland waters shipping … · 61. posting of certificate 62. alteration to...

[Chap7101]CHAPTER 71:01

INLAND WATERS SHIPPING

ARRANGEMENT OF SECTIONS

SECTION

PART I

PRELIMINARY

1. Short title

2. Interpretation

3. Application of the Act

PART II

SURVEY AND REGISTRATION

4. Application of Part II

5. Obligation to register

6. Application for registration

7. Declaration of ownership

8. First registration

9. Marking of vessels

10. Survey of vessels

11. Register of vessels

12. Port of registration

13. Liability of registered owners

14. Issue of certificate of registration

15. Custody of certificate of registration

16. Lost certificate of registration

17. Surrender of certificate of registration

18. Duration and renewal of certificate of registration

19. Wrecked and abandoned vessels

20. Amendments in certificate of registration and register

21. Re-registration of wrecked or abandoned vessels

22. Masters and crews of vessels

PART III

MORTGAGES, ALTERATIONS AND TRANSMISSION

23. Transfer of vessels

24. Registration of transfer

25. Transmission of vessel

26. Mortgage of vessel

27. Alterations to vessel

28. Registration of alteration

29. Provisional endorsement of alterations

PART IV

LICENSING ARRANGEMENTS

30. Licensing authority

31. Licensing of vessels used for water transport

32. Using vessels in contravention of section 31

33. Duration of licence

34. Licence not transferable

35. Form of licence

36. Procedure for application for licence

37. Objection to application for licence

38. Discretion of the licensing authority to grant or refuse licences

39. Conditions of licences

40. Power to revoke or suspend licences

41. Provision for appeals in connexion with licences

PART V

BILATERAL AND MULTILATERAL ARRANGEMENTS

42. Declaration of inland waters

43. Agreements with other countries

44. Existing treaty obligations paramount

PART VI

SURVEYS AND INSPECTIONS

Division A—Surveys

45. Regulations to implement safety conventions

46. Surveys and inspections

47. Purposes of surveys and inspections

48. Powers of surveyors and boat examiners

49. Records of surveyors and boat examiners

50. Survey of passenger vessels

51. Initial survey

52. Periodic survey

53. Additional survey

54. Cargo vessels and fishing vessels

55. Life-saving and fire-fighting appliances

56. Radio installation

57. Passenger vessels, pleasure crafts and oil tankers

58. Survey reports to the Chief Surveyor

Division B—Inspection

59. Inspection certificate

60. Safety certificates

61. Posting of certificate

62. Alteration to vessel

63. Foreign safety convention certificate

64. Certification of foreign vessels

PART VII

MANNING LEVELS

65. Regulations for grant of certificates of competency and certificated officers

66. Board of examiners and foreign certificates

67. Loss of certificates

68. Production of certificates

69. Records of certificates and licences

70. Notification of engagement

71. Sailing undermanned

72. Contracts of apprenticeship

PART VIII

SAFETY PROVISIONS

Division A—Safety

73. Manning to ensure safety

74. Vessel’s stability

75. Signalling lamp

76. Hazards to navigation

77. Assistance in distress

78. Giving helm orders

79. Collision regulations

80. Presumption of fault

81. Assistance in collision

82. Reporting of accidents

Division B—Load Lines

83. Load line regulations

84. Load line vessels

85. Compliance with regulations

86. Load line certificate

87. Renewal of load line certificate

88. Cancellation or suspension of load line certificate

89. Surrender of load line certificate

90. Vessel without load line certificate

91. Display of load line certificate and entries

92. Load line certificate of foreign vessel

93. Inspection of foreign vessel

PART IX

THE CREW

Division A—Contents of Agreement

94. Crew agreement

95. Contents of crew agreement

96. Posting of specimen agreement

97. Employment of young persons

98. Continuous Discharge Book

99. Character report

100. Time and manner of payment

101. Account of wages

102. Deductions

103. Settlement of wages

104. Rate of exchange

105. Payment of advances

106. Allotment of wages

107. Right to wages and provisions

108. Abandonment of wages and salvage

109. Premature termination of service

110. Wages during sickness

111. Wages on improper discharge

112. Annual leave

113. Custody of property of deceased seaman

114. Delivery of property of deceased seaman

Division B—Provisions

115. Complaints as to provisions

116. Allowance for provisions

117. Weights and measures

118. Qualified cook

119. Medical requisites

120. Expenses for medical treatment or burial

121. Medical personnel

122. Facilities for complaints

Division C—Discipline

123. Disciplinary proceedings

124. Review by Minister

125. Misconduct endangering vessel or life

126. Official log-book to be kept and delivered

127. Particulars of entry

128. Breaches respecting official log-book

Division D—Relief and Repatriation

129. Return on loss or abandonment of vessel

130. Documents to be handed over

131. Birth and death on board

132. Application of sections 132 to 134

133. Repatriation of seamen

134. Defaulting seamen not entitled to be returned

135. Security by owner or master

136. Effects and wages of seamen left behind

137. Exemption from liability

138. Return from service

139. Discharge on change of ownership

140. Relief of distressed seamen

141. Forcing ashore

142. Return of seamen

PART X

DANGEROUS GOODS AND UNSEAWORTHY VESSELS

Division A—Grain and Deck Cargo

143. Carriage of grain

144. Deck cargo

Division B—Dangerous Goods

145. Meaning of “dangerous goods”

146. Carriage of dangerous goods

147. Inspection or refusal to take dangerous goods

148. Disposal of dangerous goods

149. Regulations on dangerous goods

Division C—Seaworthiness

150. Sending unseaworthy vessel on inland waterways

151. Duty to ensure seaworthiness

152. Detention of unseaworthy vessel

PART XI

WRECKS AND SALVAGE

Division A—Wrecks

153. Appointment of receiver

154. Duty to attend vessels in distress

155. Power to require assistance

156. Power to pass over adjoining lands

157. Power to examine persons

158. Taking possession of wreck

159. Concealing of wreck

160. Notice of wreck

161. Owner’s right of wreck

162. Sale of wreck

163. Unauthorized sale of wreck

164. Boarding wrecked vessel

165. Interference with wreck

166. Unclaimed wreck

167. Discharge of receiver

168. Obstruction to navigation

169. Obstruction in port

Division B—Salvage

170. Salvage of life

171. Salvage of cargo

172. Non-entitlement to salvage

173. Salvage where vessels belong to same owner

174. Determination of disputes and valuation

175. Detention of salvaged property

176. Sale of detained property

177. Priority of claims

PART XII

INQUIRIES AND LEGAL PROCESS

Division A—Inquiries

178. Shipping casualties

179. Preliminary inquiries

180. Court of investigation

181. Inquiry into deaths of crews

182. Inquiry into deaths of passengers

183. Loss of or damage to luggage

Division B—Offences and Penalties

184. Setting sail with officers

185. Throwing of person overboard

186. Marking of heavy packages

187. Unauthorized presence on board

188. Offences by seamen

189. Penalties

Division C—Arrests and Trials

190. Depositions

191. Admissibility of copies of documents

192. Detention of foreign vessels

193. Enforcement of detention

194. Arrest without warrant

195. Master’s power of arrest

196. Offence on board a vessel

197. Venue of trial and jurisdiction

198. Recovery of fines and judgment debts

199. Services of documents

PART XIII

MISCELLANEOUS

200. Protection of officers

201. Return of seamen left behind

202. Port clearances

203. Regulations

204. Application of labour legislation

205. Arrest and seizure

206. Duty to give information

207. Damage to navigation marks

208. Certain provisions as to legal proceedings

209. National colours and ensign

210. Offences and penalties

PART XIV

REPEAL AND SAVINGS

211. Repeal and Savings.

12 of 1995

G.N. 39/1996

An Act to make provision for the survey, registration, licensing and safety of all vessels used on inland

waters of Malawi; for the safety of passengers and cargo, for the competency of masters and crews and

for matters incidental thereto and connected therewith

[1ST APRIL 1996]

PART I

PRELIMINARY

[Ch7101s1]1. Short title

This Act may be cited as the Inland Waters Shipping Act.

[Ch7101s2]2. Interpretation

In this Act, unless the context otherwise requires—

“authorized officer” means the Chief Surveyor or any person authorized to act as such;

“board of examiners” means board of examiners appointed under section 66;

“boat examiner” means a boat examiner appointed under Part VI;

“cargo vessel” means a vessel which is not a passenger vessel;

“carrier” means a person by or on behalf of whom a contract of carriage has been concluded,

whether the carriage is actually performed by him or by a performing carrier;

“clearance” means permission for a vessel to set sail or leave port;

“certificate of competency” means a certificate issued to a certificated officer under Part VII;

“certificate of registration” in relation to a vessel, means the certificate of registration issued

under section 14;

“certificated officer” means a member of the crew to whom a certificate of competency is

issued under Part VII;

“Continuous Discharge Book” means a seaman’s record book of service issued by the maritime

authorities of Malawi or of any country bordering the inland waters;

“contracting country” means any foreign country to which any maritime convention mentioned

herein applies;

“Court of investigation” means the court of investigation appointed under section 180;

“Crew” means any person employed to work on board a vessel on a voyage including an

apprentice but excluding a fisherman or any person employed solely in a port or a pilot;

“delivery account” means an account of the personal effect and wages of a seaman who is left

behind;

“dangerous goods” has the meaning assigned to it in section 145;

“distressed seaman” means a seaman or apprentice found in distress by reason of having been

shipwrecked, discharged or left behind in a port other than his proper return port;

“existing vessel” means a vessel other than a new vessel;

“equipment” in relation to a vessel includes boats, tackle, pumps, apparel, furniture, life saving

appliances of every description, spares, masts, rigging and sails, fog signals, lights, shapes and signals of

distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances

for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and

discharging gears and appliances belonging to or used in connexion with or necessary for the navigation

and safety of the vessel;

“fishing vessel” means a vessel, irrespective of the method used, which is for the time-being

employed in fishing for the purpose of sale or trade and which does not carry passengers or goods other

than in connexion with such employment;

“grain” means wheat, oats, rye, barley, rice, pulses or seeds, maize, millet, sorghum;

“freeboard” means the distance measured vertically downwards, amidships, from the upper

edge of the deck line to the upper edge of the related load line;

“GRT” means gross registered tonnage;

“harbour” means a place or area designated as harbour by the Minister under section 203;

“hire or reward” in relation to the use of any vessel, means the use of such vessel in inland

waters in return for payment or material advantage on one or more occasions whether or not the vessel

is used without the services of a master or crew;

“home port” means the port of registration of the vessel or the place at which a vessel is

habitually kept when not on voyage;

“inland waters” means such waters as may be declared to be inland waters under section 42;

“inspection certificate” means an inspection certificate issued under section 59;

“liability” in relation to a vessel owner, includes liability of the vessel itself;

“licence” means a licence issued under section 30;

“load line certificate” means an international load line certificate or local load line certificate

issued under section 86 or in the case of a foreign vessel, an international load line certificate issued by

a contracting country;

“load line convention”, where applicable, means the International Convention on Load Lines,

1966 and includes any amendments thereto;

“load line convention vessel” means a vessel belonging to a contracting country to the Load Line

Convention;

“load line vessel” has the same meaning assigned to it under section 84;

“local safety certificate” means a certificate issued under section 60;

“Malawi vessel” means any vessel registered in Malawi under this Act;

“master” means the person having command or in charge of the vessel;

“navigation mark” means a lighthouse, beacon, busy traffic separation scheme mark, ships

routing mark and any marks used for navigation;

“near shore limits” means the limits of the inland waters of Malawi, that is to say ten nautical

miles from the nearest baseline from which the territorial waters of Malawi is established in accordance

with the bilateral or multilateral agreement;

“new vessel” means a vessel the keel of which is laid, or is at an equivalent stage of production,

after the commencement of this Act;

“official log-book” means the official log-book required to be kept under section 126;

“owner”, in relation to a vessel, includes the owner’s agent in the case of a vessel which is the

subject of charter, hire-purchase agreement, the person in possession of the vessel in terms of that

agreement;

“passenger”, in relation to a vessel, means any other person other than the master and the

crew, a person employed or engaged in any capacity on board the vessel on the business of the vessel,

and a child under the age of one (1) year;

“passenger vessel” means a vessel carrying more than 12 passengers;

“proper return port”, in relation to a seaman, means a port in Malawi or in the country to which

he belongs; or the port at which he was embarked; or in the case of a discharged seaman, the port

agreed upon at the time of his discharge;

“medical practitioner” has the meaning assigned thereto in the Medical Practitioners and

Dentists Act; Cap. 36:01

“receiver” means the receiver of wrecks appointed under section 153;

“registrar of vessels” means the registrar of vessels appointed by the Minister under section 11;

“retention account” means the account of the expenses incurred by the owner or master of a

vessel by reason of the absence without leave of a seaman from the vessel;

“safety convention”, where applicable, means any International Convention relating to safety of

life at sea to which Malawi is a party;

“safety convention certificate” means any certificate issued to a vessel which complies with any

safety convention to which Malawi is a party;

“safety convention vessel” means a vessel registered in a country to which the Safety

Convention applies;

“sailing vessel” means any description of vessel provided with sufficient sail area for navigation

under sails alone, whether or not fitted with mechanical means of propulsion;

“seaman” includes an apprentice but excludes a person engaged solely for fishing purposes;

“Surveyor” means any person appointed under section 10 (2);

“surveyor’s certificate” means a certificate issued by a surveyor under section 10;

“tanker” means a cargo vessel constructed or adopted for the carriage in bulk of liquid cargoes

of an inflammable nature;

“ton” means the unit of measurement of the tonnage of a vessel ascertained in the manner

prescribed;

“tropical storm” means a hurricane, typhoon, cyclone, tornado or other storm of similar nature;

“wages” include emoluments;

“wreck” includes goods which have been cast into inland waters and then sink and remain under

water; goods which have been cast or fall into the inland waters and remain floating on the surface;

goods which are sunk in inland waters, but are attached to a floating object in order that they may be

found again; goods which are thrown away or abandoned; and, a vessel abandoned without hope or

intention of recovery, when found in inland waters or in tidal water or on shores thereof;

“vessel” means a ship, drilling rig, production platform, sea plane and includes any vessel,

lighter, tug, barge, structure or launch, however propelled, used or intended for use in navigation or

mining;

“young person” has the meaning assigned thereto in the Children and Young Persons Act. Cap.

26:03

[Ch7101s3]3. Application of the Act

(1) Unless otherwise expressly provided, this Act shall apply to—

(a) Malawi vessels wherever they may be;

(b) all other vessels alike in a port on, or place in, or within the inland waters; and

(c) any structure, in or on inland waters and used for exploration or production operations

under the Petroleum (Exploration and Production) Act, and to the person in charge of such structure.

Cap. 61:02

(2) The provisions of Part II of this Act relating to the survey and registration of vessels shall also

apply to vessels owned by the Government.

(3) Nothing in this Act shall be considered as exempting the master or owner or user of a vessel

from compliance with the provision of the Fisheries Act or of any subsidiary legislation made

thereunder. Cap. 66:05

PART II

SURVEY AND REGISTRATION

[Ch7101s4]4. Application of Part II

(1) Subject to the provision of subsection (2) the provisions of this Part shall apply to every

vessel used on inland waters which is used for hire or reward or whose measurement exceeds such

tonnage or measurement as may be prescribed by the Minister.

(2) There shall be exempted from the provisions of this Part—

(a) a dugout canoe;

(b) a vessel the home port of which is outside Malawi;

(c) any naval vessels of Malawi or of any foreign country;

(d) such other vessels or classes of vessels as may be prescribed by the Minister.

[Ch7101s5]5. Obligation to register

No person shall use or permit to be used on inland waters a vessel to which the provisions of

this Part apply unless—

(a) such vessel has been surveyed and registered in accordance with the provisions of this

Act; and

(b) there is in force in respect of such vessel a valid certificate of registration.

[Ch7101s6]6. Application for registration

(1) An application for the registration of a vessel shall be made to the Chief Surveyor—

(a) where the vessel is owned by one or more physical persons by the person or any one of

them owning the vessel as the case may be;

(b) where it is owned by a body corporate incorporated in Malawi, by the duly authorized

agent of the body corporate.

(2) The application shall be accompanied by the fees prescribed for the registration of the

vessel.

[Ch7101s7]7. Declaration of ownership

(1) No application for the registration of a vessel shall be entertained unless there is attached to

the application a declaration by the person applying for the registration of the vessel stating—

(a) that the vessel is owned by—

(i) a citizen of Malawi; or

(ii) a body corporate incorporated in Malawi which is under effective control of

citizens of Malawi;

(b) that the vessel is in a seaworthy condition;

(c) the names of the master and crew of the vessel and full particulars of their certificates

of competency; and

(d) that any foreign marine document relating to the vessel has been surrendered to the

Government which issued it or has been cancelled by the Government and that satisfactory proof of the

surrender or cancellation has been attached to the declaration.

(2) A declaration under this section shall be made in the presence of the Chief Surveyor or an

officer authorized by him.

[Ch7101s8]8. First registration

(1) Subject to the provisions of subsection (2), where a vessel is to be registered for the first

time, the applicant for the registration of the vessel shall attach to the declaration required under

section 7—

(a) a builder’s certificate, signed by the builder of the vessel;

(b) a true account of the proper denomination of the tonnage of the vessel as estimated by

him;

(c) the time and place where it was built; and

(d) the name of the person on whose account the vessel was built and if there has been any

sale, the instrument under which the vessel has become vested in the applicant.

(2) Where the applicant declares that the time and place of the building of the vessel are

unknown to him or that the builder’s certificate cannot be procured, the applicant shall attach to the

declaration the instrument by which ownership of the vessel has been acquired and a certificate from an

approved surveyor at the last port of registration giving the estimated age and condition of

seaworthiness of the vessel.

[Ch7101s9]9. Marking of vessels

(1) Every vessel shall, before registration, be marked permanently and conspicuously to the

satisfaction of the Chief Surveyor as follows—

(a) the name of the vessel as approved by the surveyor shall be marked on each of the

bows of the vessel and the name of the vessel and the port of registration shall be marked on the stern

of the vessel on dark background in white or yellow letters or on a light background in black letters such

letters to be of length of not less than 10 centimetres, and of proportionate breadth;

(b) the official number and the number denoting registered net tonnage of the vessel shall

be cut in on the main beam of the vessel;

(c) a scale of 30 centimetres denoting the vessel’s draught of water shall be marked on

each side of its stern and its stern post in Roman capital letters or in figures of not less than 10

centimetres in length, the lower line of such letters or figures to coincide with the draught line denoted

thereby, and those letters or figures shall be marked by being cut in or painted white or yellow on a dark

background or in such other way as the Chief Surveyor may approve.

(2) Where the scale of 30 centimetres showing the vessels draught of water is misleading, the

owner of the vessel shall commit an offence.

(3) The marks required under subsection (1) shall be permanently marked, and no alteration

shall be made to them except where any of the particulars of the vessel are altered in the manner

provided by this Act.

(4) Where a Surveyor certifies that a vessel is insufficiently or inaccurately marked, the vessel

may be detained until the insufficiency or inaccuracy has been remedied.

(5) The Chief Surveyor may, where he thinks fit, allow the markings required under subsection

(1) (c) to be in a system other than metric system.

(6) The name of the vessel shall not be changed except with the approval of the Chief Surveyor.

(7) Where an owner or master of a vessel neglects to cause the vessel to be marked as required

by this section or to keep her so marked, or where any person conceals, removes, alters, defaces or

obliterates or permits any person under his control to conceal, remove, alter, deface or obliterate any of

the marks, except in accordance with this Act, or for the purpose of escaping capture by an enemy, that

owner or master or that person shall commit an offence.

[Ch7101s10]10. Survey of vessels

(1) A vessel shall be surveyed in accordance with the provisions of this Act before an application

for registration is made.

(2) For the purpose of this Act the Minister shall, by notice published in the Gazette, appoint a

surveyor for each port of registry and an application for the survey of a vessel shall be made by the

owner of the vessel in the form and manner prescribed to a surveyor at a port of registry on the inland

waters on which the home port of the vessel is situated.

(3) After receipt of an application under subsection (2) the surveyor concerned shall survey the

vessel for the purpose of determining—

(a) whether the vessel is seaworthy;

(b) whether the vessel is equipped in accordance with the provisions of this Act;

(c) the description, tonnage, dimensions, name and method of propulsion;

(d) the geographical limits or areas of inland waters outside which the vessel may not be

used having regard to her construction, suitability for navigation and safe operation;

(e) the maximum number of passengers and the maximum quantity of cargo to be carried

therein;

(f) the crew to be carried therein and standards of competency to be attained by members

of such crew; and

(g) such further matters as may be prescribed by the Chief Surveyor.

(4) On completion of his survey under subsection (3) the surveyor shall, if he is satisfied that the

vessel is seaworthy and is equipped in accordance with the provisions of this Act, issue a certificate in

such form as may be prescribed, setting out the information and his opinion relating to the matters

referred to in subsection (3).

(5) Where a surveyor, in the course of a survey under subsection (3), finds a vessel to be

unseaworthy or to lack equipment required under this Act, he shall make a full list in writing of all such

defects and shall give a copy thereof to the owner of the vessel and shall notify him of the date by which

the vessel may be produced for further examination, and after all such defects are subsequently

remedied to the satisfaction of the surveyor concerned, he shall issue a certificate in accordance with

the provisions of subsection (4).

(6) A surveyor’s certificate shall be valid for such period as may be prescribed.

[Ch7101s11]11. Register of vessels

(1) The Minister shall appoint a registrar who shall keep a register in which shall be entered—

(a) the name of the vessel;

(b) the official number of the vessel;

(c) details of ownership of the vessel;

(d) particulars respecting the origin of the vessel as stated in the declaration required under

section 7;

(e) the instruments of transfer of the vessel;

(f) mortgages, including where the vessel was previously registered in another country,

mortgages inscribed in the register of that country;

(g) certificates of permanent and provisional registration; and

(h) where the vessel was previously registered in another country, evidence that any

foreign certificate of the vessel’s previous registration has been surrendered to or cancelled by the

Government which issued it.

(2) On payment of the prescribed fee, any person who satisfies the registrar of his interest in a

vessel may during hours of official business obtain certified copies of any entry in the register.

(3) The owner of a vessel shall inform the registrar of his address and that of his agent at the

time of the registration of the vessel and shall notify him of any change in the address within seven days

of the change.

(4) On registration the registrar shall retain in his possession—

(a) the declaration required under section 7;

(b) the surveyor’s certificate required under section 10;

(c) any builder’s certificate required under section 8; and

(d) the instrument required under section 11.

(5) The registrar shall not register a vessel which has been brought to inland waters from outside

Malawi unless he is satisfied by such proof as he may require that the provisions of the Customs and

Excise Act, applicable to the vessel, have been complied with. Cap. 42:01

[Ch7101s12]12. Port of registration

(1) For the purposes of this Act, the Minister shall, by notice published in the Gazette, designate

ports of registry and shall appoint a registrar for each such port.

(2) Every registrar shall, in respect of the port of registry for which he is appointed, maintain in

the form and manner prescribed a register of vessels registered in the port.

[Ch7101s13]13. Liability of registered owners

Where two or more persons are registered as owners of a vessel, each of them shall be jointly

and severally responsible for any liability incurred in respect of the vessel under this Act.

[Ch7101s14]14. Issue of certificate of registration

(1) Where the registrar is satisfied that, in relation to an application for the registration of a

vessel, this Act has been complied with and that the fees prescribed for the registration of the vessel

have been paid, he may grant to the applicant a certificate of registration.

(2) A certificate issued under subsection (1) shall be in such form as may be approved by the

Chief Surveyor and shall contain all the particulars of the vessel entered in the Register.

(3) Any person who uses for navigation of a vessel a certificate issued otherwise than in

accordance with this section, shall commit an offence.

[Ch7101s15]15. Custody of certificate of registration

(1) A certificate of registration shall be used only for the lawful navigation of the vessel for which

it is granted and shall not be subject to detention by reason of any title, mortgage, charge or interest

claimed in respect of the vessel.

(2) No person, who has in his possession or under his control the certificate of registration of a

vessel, shall refuse to deliver the certificate on demand—

(a) to a person entitled to the custody thereof for the purpose of the lawful navigation of

the vessel; and

(b) to the Chief Surveyor or to any authorized officer.

(3) Any person who, without reasonable cause, refuses to deliver the certificate as required by

subsection (2) shall commit an offence.

[Ch7101s16]16. Lost certificate of registration

(1) Where a certificate of registration of a vessel is mislaid, lost or destroyed, or where the

registrar is otherwise satisfied that a new certificate should be granted, the registrar may grant a new

certificate.

(2) A declaration of loss of certificate of registration shall be made by the master of the vessel,

or some other person who has actual knowledge of the loss, who shall state to the best of his knowledge

and belief, the circumstances of the loss and the name and description of the registered owner of the

vessel.

(3) Pending the issue of a new certificate of registration under subsection (1), an authorized

officer may, on receiving a written declaration of loss of certificate under subsection (2), grant a

provisional certificate, which shall contain a statement of the circumstances under which it was granted.

(4) A provisional certificate of registration granted under this section shall be valid for such

period not exceeding sixty days or as may be specified in the certificate.

[Ch7101s17]17. Surrender of certificate of registration

(1) Where under this Act the certificate of registration of a vessel is cancelled or suspended, the

registrar shall cause written notice of the cancellation or suspension to be served on the master of the

vessel.

(2) On service of a notice under subsection (1) the master of the vessel shall within seven (7)

days of the service of the notice deliver the certificate of registration of the vessel to an authorized

officer.

(3) No master of a vessel, the certificate of registration of which has been cancelled or

suspended, shall take the vessel out on inland waters.

(4) Any master of a vessel who contravenes this section shall commit an offence.

[Ch7101s18]18. Duration and renewal of certificate of registration

(1) Unless otherwise provided under this Act every certificate of registration shall remain in

force and be deemed to be a valid certificate of registration for such period as may be prescribed.

(2) Application for renewal of a certificate of registration shall be made by the owner of the

vessel in the form and manner prescribed at any time not earlier than one month before such certificate

expires, and shall in all cases be accompanied by a valid surveyor’s certificate.

(3) Where the owner of a vessel had made an application for renewal of a certificate of

registration in accordance with the provisions of subsection (2), the certificate of registration shall be

treated as remaining in force and be deemed to be a valid certificate of registration until the owner is

notified in writing of the result of his application.

[Ch7101s19]19. Wrecked and abandoned vessels

(1) Where a vessel is wrecked, abandoned, taken by the enemy, burnt or broken up or ceases to

be a vessel, the owner of the vessel shall, within seven days of obtaining knowledge of that event, give

written notice thereof to the registrar.

(2) The registrar shall, on receiving any notice under subsection (1), make an entry thereof in the

register, and the registration of the vessel in the registry shall be cancelled except in so far as it relates

to any unsatisfied mortgage.

(3) Except where the certificate of registration is lost or destroyed, the owner or master of the

vessel shall in any of the events referred to in subsection (1) deliver the certificate to the Chief

Surveyor—

(a) where the event occurs in Malawi waters, within seven days of its occurrence;

(b) where the event occurs elsewhere, within seven days of his arrival in Malawi or any

other port.

[Ch7101s20]20. Amendments in certificate of registration and register

(1) Subject to the provisions of subsection (2), where any particular concerning a vessel in

respect of which a certificate of registration is in force is so altered as not to correspond with the

particulars concerning such vessel contained in the register of vessels under section 11 (1), the owner

shall, not later than twenty-one days after such alteration, submit the certificate of registration to the

registrar by whom it was issued and notify him of the reasons for such submission and such registrar

shall make all necessary amendments in the certificate and in the register of vessels. The registrar may,

in his discretion, issue a new certificate of registration instead of amending a certificate under this

subsection and may cancel a certificate and delete relevant entries in the register when he is satisfied

that a vessel is permanently removed from or is permanently incapacitated for use in inland waters.

(2) Where an amendment in a certificate of registration is required by reason of—

(a) an alteration in the dimensions, superstructure or tonnage of the vessel, or a permanent

alteration in the method of propulsion of the vessel, or the addition of a superstructure to the vessel; or

(b) the use for hire or reward of a vessel which was not used for that purpose when the

certificate of registration was last issued or renewed,

the registrar concerned shall not make any such amendment unless the certificate of registration

submitted to him under subsection (1) is accompanied by a valid surveyor’s certificate issued, as the

case may be, after the completion of the alteration described before the use of the vessel for hire or

reward.

(3) Where an owner fails to comply with the provisions of subsection (1) the certificate of

registration in question shall, unless, the registrar concerned otherwise directs, be no longer deemed to

be a valid certificate of registration.

(4) Subject to the provisions of this section, the registration of a vessel may be transferred from

one port of registry to another on written application by the owner to the registrar at the existing port

of registry. Every such application shall be accompanied by the certificate of registration for the vessel in

question.

(5) Upon receiving an application under subsection (4) the registrar concerned shall transmit

notice thereof to the registrar at the intended port of registry together with the certificate of

registration and a copy of all particulars relating to the vessel as noted in the register under his control.

On the receipt of such documents the registrar at the intended port of registry shall, subject to the

provisions of subsection (6), enter in his register all the particulars relevant to the vessel in question and

shall issue a new certificate of registration and thereafter the vessel shall be considered for the purposes

of this Act as being registered at the new port of registry.

(6) Where, in the case of an application to transfer registration of a vessel under subsections (4)

and (5), the intended port of registry is not on the same inland waters as the existing port of registry, the

registrar at the intended port of registry may, before complying with the provisions of subsection (5),

have regard to the suitability of the vessel for safe navigation on the inland waters on which the

intended port of registry issituated and may require a surveyor to survey the vessel and report to him as

to such suitability.

If a surveyor so required reports that any alteration in the construction, condition or equipment

of the vessel is necessary to make it safe for navigation on the inland waters in which the intended port

of registry is situated, the registrar at such port shall not register the vessel under subsection (5) until a

surveyor is satisfied that such alteration has been made.

(7) Where the registration of a vessel is transferred to a new port of registry under subsections

(4) and (5), the new certificate of registration issued under subsection (5) shall, unless otherwise

provided under this Act, remain in force and be deemed to be a valid certificate of registration until the

date of expiry of the certificate which it replaces, so however, that if it has been issued after a survey

required under subsection (6), its period of validity shall commence on the date on which it is issued.

[Ch7101s21]21. Re-registration of wrecked or abandoned vessel

Where a vessel has been wrecked or abandoned, the registrar may, on application by the owner

of the vessel, register the vessel if he is satisfied that the vessel has been surveyed by a surveyor and

certified by him to be seaworthy.

[Ch7101s22]22. Masters and crews of vessels

The Minister may prescribe classes of vessels described by tonnage, dimension or, either

additionally or alternatively, the purpose for which they are used, which shall not be used upon inland

waters unless under the command or in the charge of a competent master and may prescribe the

numbers and standards of competency of persons to be carried as crew in a vessel of any such class.

PART III

MORTGAGES, ALTERATIONS AND TRANSMISSIONS

[Ch7101s23]23. Transfer of vessels

(1) Any transfer of a vessel shall be made in writing in such form as may be approved by the

Chief Surveyor.

(2) The instrument witnessing the transfer shall—

(a) contain the same description of the vessel as is set out in her certificate of registration;

and

(b) be executed by the transferee in the presence of, and be attested by, two witnesses.

(3) Notwithstanding any other written law, any transfer made otherwise than in accordance

with this section shall be null and void.

[Ch7101s24]24. Registration of transfer

Every instrument witnessing the transfer of a vessel shall, within twenty-one days of the

transfer, be produced to the Chief Surveyor together with the declaration required under section 7 and

the registrar—

(a) shall thereupon enter in the register the name of the transferee as owner of vessel; and

(b) shall endorse on the instrument of transfer the fact of that entry having been made and

the date on which it was made.

[Ch7101s25]25. Transmission of vessel

(1) Where on the death or bankruptcy of the owner of the vessel, or on the distribution of his

assets, the ownership of the vessel is vested in a person entitled to own the vessel, that person shall

make a declaration in accordance with subsection (2), before a commissioner for oaths in the presence

of, and attested by, two witnesses.

(2) A declaration under subsection (1) shall contain the same description of the vessel as is

specified in a certificate of registration and shall be regarded for all purpose as an instrument of transfer

of the vessel and be registered as required under section 24.

(3) Where on the death or bankruptcy of the owner of the vessel, or on the distribution of his

assets, the ownership of the vessel is vested in a person who is not entitled to own the vessel, that

person shall, within six months of the transmission of the ownership of the vessel to him, sell the vessel

and if he fails to do so the ownership of the vessel shall vest in the Administrator General under the

Administrator General Act. Cap. 10:01

(4) Where the ownership of the vessel is vested in the Administrator General under subsection

(3), the Administrator General shall sell the vessel and pay over to the person in whom the ownership of

the vessel was originally transmitted, the price obtained on the sale after deduction of the expenses

incurred on the sale.

[Ch7101s26]26. Mortgage of vessel

A vessel may be given in mortgage as provided by the law for the time being governing

mortgages and liens in Malawi.

[Ch7101s27]27. Alterations to vessel

(1) Where a vessel is so altered as not to correspond with the particulars relating to her tonnage

or description in the register, the owner shall, within thirty days after the completion of the alteration,

notify the registrar of the alteration and shall produce a certificate from a surveyor stating the

particulars of the alteration.

(2) On receipt of the notice of alteration under subsection (1), the registrar shall cause the

alteration to be registered or direct that the vessel be registered anew.

(3) Where the owner fails to comply with subsection (1), he shall commit an offence and the

registrar may cancel or suspend the certificate of registration of the vessel and detain the vessel until

these requirements are complied with.

[Ch7101s28]28. Registration of alteration

(1) For the purpose of registration of an alteration in a vessel, the certificate of registration of

the vessel shall be produced to the registrar who shall—

(a) retain the certificate of registration and grant a new certificate of registration containing

description of the vessel as altered; and

(b) endorse and sign on the existing certificate a memorandum of the alterations.

(2) The registrar shall enter in the register the particulars of the alteration.

[Ch7101s29]29. Provisional endorsement of alterations

(1) Where a vessel is so altered at any port or place outside Malawi as not to correspond with

the particulars relating to her tonnage or description in the register the owner of the vessel shall make

an application to an authorized officer for provisional endorsement of the particulars of the alterations

on the certificate of registration of the vessel.

(2) On receipt of an application under subsection (1), the authorized officer may grant or refuse

the application and where he grants the application the endorsement shall contain a statement that it is

provisional.

PART IV

LICENSING ARRANGEMENTS

[Ch7101s30]30. Licensing authority

A licensing authority for the purposes of this Act shall be such public officer or public officers as

the Minister may, by notice published in the Gazette, appoint.

[Ch7101s31]31. Licensing of vessels used for water transport

(1) Subject to subsection (2), no person shall, except under and in accordance with the terms of

a licence issued under this Act, use any vessel upon inland waters for the carriage of—

(a) any goods or any persons for hire or reward; or

(b) any goods for or in connexion with any trade or business:

Provided that fishing gear and fresh fish carried on board a fishing vessel shall not be considered

to be goods for the purposes of this subsection.

(2) The Minister may, by notice published in the Gazette, exempt any vessel or class of vessels

from the provisions of this section.

[Ch7101s32]32. Using vessels in contravention of section 31

Any person who uses a vessel in contravention of section 31 shall be guilty of an offence and

liable to a fine of K500.

[Ch7101s33]33. Duration of licence

(1) Every licence shall, unless revoked, continue to be in force for one year from the date on

which it takes effect:

Provided that if on the date of the expiration of a licence proceedings are pending before the

licensing authority on an application for the grant of a new licence in substitution for an existing licence

held by the applicant, the existing licence shall continue to be in force until such application is disposed

of.

(2) With a view to enabling any vessel to be used temporarily—

(a) for the purpose of a seasonal business;

(b) for the purpose of the execution of a particular piece of work; or

(c) for any other purpose of limited duration,

a short-term licence may be granted for a period not exceeding three months.

[Ch7101s34]34. Licence not transferable

No licence shall be transferable except with the written consent of the licensing authority

endorsed on such licence.

[Ch7101s35]35. Form of licence

A licence shall be in such form as may be prescribed and a separate licence shall be issued in

respect of each vessel.

[Ch7101s36]36. Procedure for application for licence

Every person applying for a licence to use any vessel for the carriage of passengers or goods

shall submit in writing to the licensing authority indicating—

(a) the type of vessel to be used;

(b) the construction and motive power of such vessels;

(c) the total number of crew to be carried in such vessel;

(d) the number of passengers such vessel is intended to carry;

(e) the places between which such vessel is intended to be navigated including places, if

any, outside Malawi and the services to be provided thereby;

(f) such other particulars as the licensing authority may require in relation to the

application.

[Ch7101s37]37. Objection to application for licence

(1) A licensing authority shall publish in the Gazette notice of every application for a licence and

such notice shall specify the time within which, and the manner in which, objections may be made to

the grant of the application.

(2) When considering an application, the licensing authority shall have regard to any objections

to the applications which may be made by persons who are already providing transport facilities for the

carriage of goods or passengers between the same places which the applicant intends to serve.

[Ch7101s38]38. Discretion of the licensing authority to grant or refuse licences

(1) A licensing authority shall have full powers in its discretion either to grant or to refuse any

application for a licence or to issue any licence subject to such conditions as the licensing authority may

think fit to attach.

(2) In exercising its discretion as aforesaid, the licensing authority shall have regard to the

following matters—

(a) the extent to which the proposed services is necessary or desirable in the public

interest;

(b) the extent to which it is necessary in the public interest to prevent uneconomic

competition with other transport services;

(c) the extent to which the route or routes in respect of which the application is made are

already served;

(d) the desirability of encouraging the provision of adequate and efficient services;

(e) the desirability of eliminating and preventing the growth of unnecessary or

unremunerative services;

(f) the co-ordination of all forms of passenger and goods transport;

(g) the interest or interests of those requiring as well as those providing facilities for

transport;

(h) the applicant’s reliability, financial stability and the facilities at his disposal for carrying

out proposed services; and

(i) the condition of the vessel in respect of which the application is made and the fitness of

such vessel for the purpose for which the applicant intends to use it.

[Ch7101s39]39. Condition of licences

(1) It shall be a condition of every licence issued under this Act—

(a) that the vessel in respect of which it is issued is maintained in a fit and serviceable

condition;

(b) that the provisions of any law for the time being in force relating to prevention and

control of pollution, limits of weight, laden and unladen, the loading of vessels and the number of

passengers to be carried are complied with in relation to such vessel.

(2) Without prejudice to the generality of the provisions of section (1) a licensing authority may,

in its discretion, attach to a licence all or any of the following conditions—

(a) a condition that the vessel in respect of which it is issued shall or shall not be used in a

specified area or over specified routes;

(b) a condition that certain classes or descriptions of goods shall or shall not be carried;

(c) a condition specifying the charges or the maximum or minimum charges to be made for

the carriage of goods and passengers;

(d) a condition specifying the maximum laden weight of such vessel;

(e) a condition that passengers may or may not be carried; and

(f) a condition specifying the maximum number of passengers which may be carried.

(3) If the applicant has stated in his application for a licence that the vessel to which the

application relates is only to be used within Malawi inland waters, it shall be a condition of the licence

issued upon such application that the vessel shall not be used outside Malawi inland waters.

(4) The licensing authority may, from time to time, cancel or vary any of the conditions of a

licence.

(5) Any person who fails to comply with any condition of the licence held by him shall be guilty

of an offence and liable to a fine of K200.

[Ch7101s40]40. Power to revoke or suspend licences

(1) A licence may be revoked or suspended by the licensing authority on the ground that any of

the conditions of the licence have not been complied with.

(2) In any case where a licence is revoked or suspended the licensing authority shall, if requested

by the licence holder, state in writing the grounds for the revocation or suspension.

[Ch7101s41]41. Provision for appeals in connexion with licences

Any person who—

(a) being an applicant for a licence, is aggrieved by the decision of the licensing authority on

the application; or

(b) having duly made an objection to any such application as aforesaid, being an objection

to which the licensing authority is bound to have regard, is aggrieved by the decision of the licensing

authority thereon; or

(c) being the holder of a licence, is aggrieved by the revocation or suspension thereof, or by

the variation of any of the conditions thereof,

may appeal to the Minister whose decision shall be final.

PART V

BILATERAL AND MULTILATERAL ARRANGEMENTS

[Ch7101s42]42. Declaration of inland waters

The Minister may, by notice published in the Gazette—

(a) declare any lake or river or area of water or port thereof to be inland waters for the

purposes of this Act;

(b) designate places or areas of inland waters or land as harbours;

(c) make regulations for the management, control and safety of any such inland waters and

harbours and of vessels and persons and cargo within them, the powers of persons to effect such

control and the payment of fees for services within such harbours; and

(d) after consultation with the Minister for the time being responsible for matters of the

environment, make regulations for the prevention and control of pollution of the marine environment.

[Ch7101s43]43. Agreements with other countries

(1) The Minister may, under such conditions as he may deem necessary, conclude agreements

with the government of any country which borders on any lake or river of which a part has been

declared to be inland waters and in any such agreement may make arrangements—

(a) for the recognition and effect in such country of documents issued for the purposes of

this Act, and for the recognition and effect in Malawi of documents issued in such country in relation to

vessels, master and crew;

(b) for the use on inland waters of vessels registered in such country and the use on the

inland waters of such vessels registered under this Act;

(c) for the recognition and effect of any bilateral or multilateral arrangements and treaties

or agreements on regional cooperation entered into or to be entered into by the Government of

Malawi;

(d) for the safety of passengers, crews and property abroad and the navigation of vessels

used on inland waters and on the waters of such country;

(e) for access, by commercial vessels, to inland waters and ports of Malawi by vessels

registered in such country and by Malawi vessels to inland waters and ports of such country; and

(f) for any other matters incidental to this Part.

(2) Every agreement or treaty or arrangement concluded under subsection (1) shall be published

in the Gazette.

[Ch7101s44]44. Existing treaty obligations paramount

Where the Minister is satisfied that the enforcement of any provision of this Act in regard to

vessels of any country would be inconsistent with the obligations of the Government of Malawi under

any treaty, convention or agreement entered into with that country, the Minister may, by order

published in the Gazette, suspend the operation of that provision with regard to vessels of that country

so far as he may deem necessary to enable the aforementioned obligations to be fulfilled.

PART VI

SURVEYS AND INSPECTIONS

Division A—Surveys

[Ch7101s45]45. Regulations to implement safety conventions

The Minister may make such regulations as he may think fit to give effect to any International

Convention on Safety or Tonnage to which Malawi is a party.

[Ch7101s46]46. Surveys and inspections

(1) Surveyors, boat examiners and other authorized officers appointed under this Act may carry

out surveys and inspections of vessels for the purposes of this Act.

(2) Any person referred to under subsection (1) may carry out other assignments as the Chief

Surveyor may direct.

[Ch7101s47]47. Purposes of surveys and inspections

A survey or inspection shall be in respect of any or all of the following matters—

(a) the boilers and machinery of motor vessels;

(b) the equipment of vessels including the tackles, furnishings and appurtenances;

(d) the life-saving, fire fighting and other safety installations and appliances of vessels;

(e) the radio-telegraphy and radio-telephony installations of vessels;

(f) the storage and manner of loading of cargoes and storage of dangerous goods;

(g) officer, crew and passenger accommodation and facilities; and

(h) any other matters incidental thereto.

[Ch7101s48]48. Powers of surveyors and boat examiners

(1) A surveyor, boat examiner and authorized officer may, in the performance of his duties, at all

reasonable times, go on board any Malawian vessel or on any foreign vessel on inland waters or at a

port in Malawi, and inspect it or any of its machinery or equipment or the certificate of competency of

any certificated officer on board.

(2) Where—

(a) a surveyor, boat examiner or authorized officer considers a vessel unsafe or the

machinery or equipment defective in such a way as to expose persons on board to danger or in the case

of a passenger vessel, unfit to carry passengers; or

(b) a surveyor, boat examiner or authorized officer finds that the provisions of this Act have

not been complied with in respect of the vessel and considers that the vessel should not sail for that

reason,

the surveyor or boat examiner or authorized officer may request the Chief Surveyor to detain the vessel

until he is satisfied that the vessel can safely sail.

(3) Where the surveyor or boat examiner or authorized officer visits a vessel, he may ask the

owner or his agent, the master or engineer, or any other person on board and in charge or appearing to

be in charge of the vessel, any question concerning any accident that has happened on the vessel, and

every such person shall fully and truly answer every such question and any person who fails to do so or

who gives an answer which is not true in any particular material shall commit an offence.

(4) A surveyor, boat examiner or an authorized officer may require that the machinery of a

vessel be put in motion so as to satisfy himself on its condition.

[Ch7101s49]49. Records of surveyors and boat examiners

A surveyor or boat examiner or authorized officer shall keep, in such form as the Chief Surveyor

may direct, a record of every inspection he makes.

[Ch7101s50]50. Survey of passenger vessels

Every passenger vessel shall be surveyed—

(a) before the vessel is put into service;

(b) at intervals of not more than one calendar year; and

(c) at such other times as may be required by the Chief Surveyor.

[Ch7101s51]51. Initial survey

(1) The survey made before a passenger vessel is put into service shall include a complete

inspection of the hull, machinery and equipment.

(2) The survey under subsection (1) shall ensure that the arrangements, materials and scantlings

of—

(a) the hull;

(b) the boiler and other pressure systems;

(c) the main and auxiliary machinery;

(d) the electrical installations;

(e) the radio installations;

(f) the radio installations in motor life-boats;

(g) the portable radio apparatus of survival craft;

(h) the life-saving appliances;

(i) the fire detecting and extinguishing appliances;

(j) the pilot ladders; and

(k) other equipment, including navigation aids,

fully comply with the requirements of any International Safety Conventions to which Malawi is a party

and with any regulations which the Minister may make under this Act.

(3) The survey under subsection (1) shall also ensure that—

(a) the workmanship of all parts of the hull and machinery and equipment is satisfactory;

and

(b) the vessel is provided with such lights and sound signals as are required by any

International Conventions to which Malawi is a party.

[Ch7101s52]52. Periodic survey

(1) Any periodic survey under this section shall ensure that the equipment listed under section

51 are in satisfactory condition and fit for the service for which they are intended and comply with the

requirements of any International Safety Conventions to which Malawi is party and any regulations

made under this Act.

(2) Any periodic survey under this section shall also ensure that the light, sound and distress

signals of the vessel are in working order.

[Ch7101s53]53. Additional survey

(1) The Chief Surveyor may require additional survey under this section every time—

(a) an accident occurs on or to the vessel;

(b) a defect is discovered that affects the safety of the vessel or the efficiency or

completeness of the life-saving appliances;

(c) important repairs or renewals are made to the vessel.

(2) The survey shall ensure that—

(a) the necessary repairs or renewals have been effectively made;

(b) the material and workmanship of the repairs or renewals are in all respects satisfactory;

and

(c) the vessel complies in all respects with any International Safety Conventions to which

Malawi is party.

[Ch7101s54]54. Cargo vessels and fishing vessels

(1) The hull, machinery and equipment of a cargo vessel and a fishing vessel shall be surveyed

before it is put into service and thereafter at intervals of not more than four years or, if the Chief

Surveyor so directs, at lesser intervals.

(2) The survey shall ensure that the arrangements, materials and scantlings of—

(a) the hull;

(b) the boiler and other pressure systems;

(c) the main and auxiliary machinery;

(d) the electrical installations; and

(e) other equipment,

are in all respects satisfactory for the service for which the vessel is intended.

[Ch7101s55]55. Life-saving and fire fighting appliances

(1) The life-saving appliances and fire fighting equipment of every cargo vessel and every fishing

vessel shall be surveyed before they are put into service and thereafter at intervals of not more than

two years or, if the Chief Surveyor so directs, at lesser intervals.

(2) The life-saving appliances; fire fighting and fire control plans in every cargo vessel or every

fishing vessel and the pilot ladders light and sound signals and distress signals in every new and existing

cargo vessel or fishing vessel shall be surveyed to ensure that they comply fully with the requirements of

any International Safety Conventions to which Malawi is a party and any regulations which the Minister

may make under this Act.

[Ch7101s56]56. Radio installation

The radio installation in a cargo vessel or fishing vessel and any radio-telegraph installation in a

motor lifeboat or any portable radio apparatus for survival craft that are carried in compliance with the

requirements of any International Safety Conventions to which Malawi is a party or regulations made

under this Act shall be surveyed at intervals of not more than one year.

[Ch7101s57]57. Passenger vessels, pleasure crafts and oil tankers

(1) The provisions of this Act shall, unless otherwise stated, apply without exception to—

(a) passenger vessels;

(b) yachts and pleasure crafts; and

(c) oil tankers.

(2) The Minister may make special or additional regulations to apply to vessels in subsection (1).

[Ch7101s58]58. Survey reports to the Chief Surveyor

After every survey, the surveyor or boat examiner or other authorized officer shall send, or

cause to be sent, a report of the survey to the Chief Surveyor.

Division B—Inspection

[Ch7101s59]59. Inspection certificate

Where, in relation to a vessel being—

(a) a passenger vessel intended to carry more than twelve passengers;

(b) a cargo vessel exceeding five hundred GRT intended to be employed on a voyage

outside Malawi; and

(c) a fishing vessel of fifteen metres or more, the Chief Surveyor is satisfied, on receipt of

the report of a survey that all the relevant provisions of any International Safety Conventions to which

Malawi is a party and the regulations made under this Act have been complied with, he shall issue in

respect of the vessel, an appropriate safety convention certificate and an inspection certificate.

[Ch7101s60]60. Safety certificates

The Minister may make regulations prescribing safety requirements and providing for the issue

of local safety certificates in respect of—

(a) any vessel or class of vessels to which any International Safety Conventions to which

Malawi is a party does not apply;

(b) for matters for which any International Safety Conventions to which Malawi is a party

does not make express safety provisions in respect of any vessel or class of vessels to which the

convention applies.

[Ch7101s61]61. Posting of certificate

On receipt of an inspection certificate or local certificate or convention certificate, the owner or

master of the vessel in respect of which the certificate is issued shall cause the certificate to be posted

up in some conspicuous place on board the vessel for the information of all on board.

[Ch7101s62]62. Alteration to vessel

An owner or master of the vessel in respect of which an inspection certificate or a local safety

certificate or a safety convention certificate, has been issued who, without reasonable cause does or

suffers to be done anything to the vessel whereby the certificate becomes inapplicable to the vessel or

to other matters to which the certificate relates shall commit an offence.

[Ch7101s63]63. Foreign safety convention certificates

(1) The Minister may request the government of a country to which any International Safety

Conventions apply to issue in respect of a Malawian vessel any certificate provided for by the said

International Safety Conventions to which Malawi is a party.

(2) A certificate issued in pursuance of a request under subsection (1) and containing a

statement that it has been so issued shall have the same effect as if it has been issued under this Act.

[Ch7101s64]64. Certification of foreign vessels

The Minister may, at the request of the government of a country to which any International

Safety Conventions apply, cause any certificate provided for by the said International Safety Conventions

to which Malawi is a party to be issued in respect of a vessel of that country, if he is satisfied that the

certificate can properly be issued.

PART VII

MANNING LEVELS

[Ch7101s65]65. Regulations for grant of certificates of competency and certificated officers

The Minister may make regulations for—

(a) the provision of certificated officers;

(b) the classes of vessels to be provided with certificated officers;

(c) the grant of certificates of competency; and

(d) other matters incidental thereto, to be provided under this Act.

[Ch7101s66]66. Board of examiners and foreign certificates

(1) For the purpose of granting certificates of competency to certificated officers, the Chief

Surveyor shall appoint a board of examiners which shall—

(a) cause examinations to be held at such time and place as he may determine; and

(b) cause to be delivered the appropriate certificate of competency to every candidate who

passes the examinations and gives satisfactory evidence of his experience, ability and good character.

(2) Where the law of any other country provides for examinations for, and the issue of

certificates to, persons intending to act as certificated officers on board vessels and—

(a) the Chief Surveyor is satisfied that all examinations are so conducted as to be equally

effective as the examinations conducted for the same purpose in Malawi under subsection (1); and

(b) any certificate is granted on principles that show the like qualifications and competency

as those granted under this Act,

the Chief Surveyor may approve the certificate as an equivalent for a certificate granted under

subsection (1).

(3) Where any person holding a certificate under subsection (2) applies to serve on a Malawi

vessel, the Chief Surveyor may direct that—

(a) where the person is a citizen of Malawi, he shall be granted a certificate of equivalent

grade under this Act;

(b) where the person is not a citizen of Malawi, he shall be issued with a licence authorizing

him to serve on a Malawi vessel.

(4) Any licence issued under subsection (3) (b) shall be subject to such conditions as the Chief

Surveyor may impose.

(5) The Chief Surveyor may, with the approval of the Minister, regulate the issue of certificate of

competency to engine room attendants.

[Ch7101s67]67. Loss of certificates

Where the certificated officer satisfies the Chief Surveyor that he has lost a certificate of

competency or a licence issued to him under this Act, the Chief Surveyor may, on payment of the

prescribed fee, deliver a certified copy of the certificate or the licence to him.

[Ch7101s68]68. Production of certificates

(1) Any person serving or engaged to serve on any Malawi vessel who holds a certificate of

competency or a licence shall, on demand, produce the certificate or licence to the Chief Surveyor or his

representative.

(2) Any person who fails, without reasonable cause, to comply with subsection (1) shall commit

an offence.

[Ch7101s69]69. Records of certificates and licences

The Chief Surveyor shall keep the register in which shall be recorded all matters relating to

certificates of competency and licence, including their issue, cancellation, suspension or amendment.

[Ch7101s70]70. Notification of engagement

(1) Where a certificated officer is engaged on board a Malawi registered vessel outside Malawi,

the master of the vessel shall, within seven days of the engagement, submit such particulars of the

officer to the Chief Surveyor.

(2) Where the certificated officer ceases to be employed on a Malawi registered vessel outside

Malawi, the master of the vessel shall, within seven days of the termination, notify the Chief Surveyor of

the termination of the employment.

[Ch7101s71]71. Sailing undermanned

(1) Where a Malawi vessel sails without carrying such officers as are required to be carried in

accordance with regulations made under section 65, the owner and the master of the vessel shall each

commit an offence.

(2) The Chief Surveyor may cancel or suspend the certificate of registration of a vessel or detain

the vessel until it is properly manned in accordance with regulations made under section 65.

[Ch7101s72]72. Contracts of apprenticeship

(1) Every contract of apprenticeship to be performed on any Malawi vessel shall be signed in the

presence of the Chief Surveyor by the apprentice and the owner of the vessel or his authorized

representative.

(2) The Chief Surveyor shall attest the signing of the contract of apprenticeship where he is

satisfied that the apprentice—

(a) understands the contents and provisions of the contract;

(b) freely consents to be bound thereby;

(c) has attained the age of 18; and

(d) is in possession of a certificate of a medical practitioner to the effect that he is physically

fit for sea service.

PART VIII

SAFETY PROVISIONS

Division A—Safety

[Ch7101s73]73. Manning to ensure safety

Every vessel shall be manned with a crew both sufficient and efficient to ensure safety of life for

the purpose of any intended voyage and shall be kept so manned.

[Ch7101s74]74. Vessel’s stability

(1) There shall be carried on board every vessel such information in writing about the vessel’s

stability as is necessary for the guidance of the master of the vessel in loading and ballasting the vessel.

(2) The information required under subsection (1) shall be in such form as may be approved by

the Chief Surveyor.

(3) The master of a vessel referred to in subsection (1) which sails in contravention of this

section shall commit an offence.

[Ch7101s75]75. Signalling lamp

(1) No vessel which is more than 50 GRT shall set sail on voyage outside Malawi inland waters

unless the vessel is provided with an efficient signalling lamp.

(2) The master of the vessel which sails on such a voyage outside Malawi inland waters in

contravention of this section shall commit an offence.

[Ch7101s76]76. Hazards to navigation

(1) The master of the vessel on meeting a dangerous derelict, a tropical storm or any other

direct danger to navigation shall report it to a vessel or vessels in the vicinity and to the nearest

appropriate station on shore.

(2) The person in charge of a transmission station in Malawi or on board a vessel shall, on

receiving a signal indicating that a message is about to be sent relating to hazards to navigation, refrain

from sending messages for a time sufficient to allow other stations to receive the message.

[Ch7101s77]77. Assistance in distress

(1) The master of a vessel sailing on receiving signal from any source that a vessel or aircraft or

survival craft is in distress shall proceed with all speed to the assistance of the vessel and any person in

distress informing them if possible that he is doing so.

(2) Where the master is unable, or considers it unreasonable or unnecessary to proceed to the

assistance of a vessel or a person in distress he shall enter in the official logbook of the vessel the

reasons therefor.

(3) The master of any vessel in distress may request the master of any vessel which answers his

distress signal to render assistance.

(4) The master of a vessel to whom a request is made under subsection (3) shall comply with the

request and proceed with all speed to the assistance of the vessel in distress.

[Ch7101s78]78. Giving helm orders

No person in a vessel shall, when the vessel is going ahead—

(a) give a helm or steering signal containing the word “star-board” or “right” unless he

intends that the head of the vessel moves to the right; or

(b) give a helm or steering signal containing the word “port” or “left” unless he intends that

the head of the vessel moves to the left.

[Ch7101s79]79. Collision regulations

(1) The Minister may make regulations, in this Act referred to as “collision regulations”—

(a) for the prevention of collision on inland waters;

(b) respecting the lights to be carried and exhibited;

(c) respecting the signals to be used; and

(d) respecting the steering and sailing rules to be observed by a vessel.

(2) Every owner or master of a vessel, seaplane or other craft who does not comply with the

collision regulations shall commit an offence.

[Ch7101s80]80. Presumption of fault

Where any damage to property arises from the non-observance of the collision regulations, the

damage shall be presumed to have been caused by the wilful default of the person in charge of the

vessel, seaplane or other craft not observing the collision regulations.

[Ch7101s81]81. Assistance in collision

(1) Where there is a collision between vessels, the master or person in charge of each vessel,

shall so far as he can do so without danger to his own vessel, crew and passengers—

(a) render to the other vessel, her crew and her passengers such assistance as is practicable

and necessary in order to preserve them from any danger caused by the collision;

(b) stay by the other vessel until he has ascertained that she has no need of further

assistance; and

(c) give to the master or person in charge of the other vessel, the name of his own vessel,

her port of registration, and the names of the ports from which she comes and to which she is bound.

(2) A master or person in charge of the vessel who fails, without reasonable cause, to comply

with this section shall commit an offence.

[Ch7101s82]82. Reporting of accidents

(1) Where a vessel has been involved in an accident occasioning—

(a) loss of life or serious injury to any person; or

(b) any damage affecting her seaworthiness or her efficiency,

the owner or master of the vessel shall, within twenty-four hours of the occurrence of the accident or as

soon as possible thereafter, transmit to the Chief Surveyor a written report of the accident.

(2) Every report of accident or damage to a vessel under subsection (1) shall be signed by the

owner or master of the vessel and shall state—

(a) the particulars of the vessel and her location;

(b) the circumstances in which the accident or damage occurred; and

(c) the probable cause of the accident or damage.

(3) Any owner or master of a vessel who fails, without reasonable cause, to comply with this

section shall commit an offence.

Division B—Load Lines

[Ch7101s83]83. Load line regulations

The Minister may, by regulations published in the Gazette, in this Act referred to as “Load Line

Regulations”, make such provision as he sees fit to give effect to the Load Line Convention and, in

particular to provide for—

(a) survey and determination of load lines, including conditions of assignment of

freeboards;

(b) the stability, loading and ballast of vessels;

(c) the issue of certificates and the forms of the certificates; and

(d) any other matter relating to load lines.

[Ch7101s84]84. Load line vessels

(1) Load line vessels are all vessels other than—

(a) existing vessels of under 150 GRT;

(b) new vessels of less than 24 metres in length;

(c) naval vessels or police patrol vessels or coast guard vessels;

(d) vessels solely engaged in fishing; and

(e) pleasure yachts not engaged in trade.

(2) For the purpose of this Part, load line vessels consist of—

(a) international load line vessels, where applicable, being load line vessels that carry cargo

or passengers between Malawi and other countries; and

(b) local load line vessels that are not international load line vessels.

(3) For purposes of this Part, a vessel shall be deemed to be loaded beyond the limits specified

in her load line certificate if she is so loaded as to submerge the appropriate load line on each side in

water when she has no list.

[Ch7101s85]85. Compliance with regulations

The master of a load line vessel shall not take the vessel on Malawi inland waters unless—

(a) she has been surveyed in accordance with the load line regulations;

(b) she complies with the conditions of assignment of free-boards as determined in the load

line regulations;

(c) she is marked on each side with—

(i) a deck mark, being a mark indicating the position of the uppermost complete

deck as defined in the load line regulations; and

(ii) load lines, being lines indicating the several maximum depths to which the

vessel can be safely loaded in various circumstances prescribed by the load line regulations; and

(d) it has been issued with a load line certificate by the Chief Surveyor.

[Ch7101s86]86. Load line certificate

(1) The Chief Surveyor shall issue a load line certificate to every vessel that complies with the

provision of this Act relating to the load line.

(2) The Minister may request the government of a contracting country to issue a load line

certificate to a Malawian load line vessel and a certificate so issued shall have the same effect as a

certificate issued under subsection (1).

[Ch7101s87]87. Renewal of load line certificate

(1) Subject to a vessel being surveyed in accordance with the load line regulations, the load line

certificate of a vessel shall be renewed at such intervals as the Chief Surveyor may prescribe.

(2) A load line certificate in respect of a vessel shall cease to be valid on the transfer of the

vessel to the flag of another state, unless the Minister makes an endorsement thereon respecting the

validity of the certificate.

[Ch7101s88]88. Cancellation or suspension of load line certificate

(1) Any load line certificate issued under this Part may be cancelled or suspended by the Chief

Surveyor, where he has a reason to believe that—

(a) any survey on the basis of which the certificate was issued has been made by fraud or

error;

(b) the certificate has been issued on false or erroneous information;

(c) since the making of a survey, material alterations have taken place in the hull or

superstructure of the vessel in contravention of this Act; and

(d) the fittings and appliances for the protection of openings, the guard-rails, the freeing

ports or the means of access to the quarters of the crew have not been maintained on the vessel in as

effective condition as they were in when the certificate was issued.

(2) Where the load line certificate is cancelled or suspended, the Chief Surveyor may require the

owner or master of the vessel to have the vessel surveyed again before the re-issue of the certificate or

the grant of a new certificate.

[Ch7101s89]89. Surrender of load line certificate

(1) Where a load line certificate has expired or has been cancelled or suspended the Chief

Surveyor shall require the owner or master of the vessel to which the certificate relates to surrender the

certificate at such time and place as he may direct.

(2) The owner or master of a vessel, who without reasonable cause, fails to comply with a

requirement under subsection (1) shall commit an offence.

[Ch7101s90]90. Vessel without load line certificate

(1) A load line vessel shall not set sail unless her master produces to the Chief Surveyor, when

requested, a valid load line certificate.

(2) The Chief Surveyor may detain a vessel until her load line certificate is produced as required

under subsection (1).

[Ch7101s91]91. Display of load line certificate and entries

(1) On receipt of a load line certificate, the owner or master of the vessel in respect of which the

certificate is issued shall—

(a) cause it to be posted up in some conspicuous place on board the vessel for the period of

its validity; and

(b) immediately enter in the official log-book the particulars as to the position of the deck

line and load line which are specified in the certificate.

(2) Before any vessel leaves any port or place for the purpose of setting sail, the master of the

vessel shall—

(a) enter in the official log-book such particulars relating to the depth to which the vessel is

for the time being loaded; and

(b) subject to subsection (3), cause a notice in such form and containing such particulars as

may be specified in the load line regulations to be posted up in some conspicuous place on board the

vessel.

(3) The Chief Surveyor may exempt any class of vessel from the requirements of subsection (2).

(4) Where the owner or master of a vessel fails to comply with any requirement imposed on him

by subsection (1) or (2), he shall commit an offence.

[Ch7101s92]92. Load line certificate of foreign vessel

The Minister may, at the request of the Government of a contracting country, cause an

appropriate load line certificate to be issued in respect of a vessel registered in that country, where he is

satisfied that the certificate may properly be issued.

[Ch7101s93]93. Inspection of foreign vessel

(1) A surveyor may go on board any vessel within any port or place in Malawi for the purpose of

examining the load line certificate relating to the vessel.

(2) Where a valid load line certificate in respect of a foreign vessel is produced to the surveyor

on demand, the surveyor’s power of inspecting the ship shall be limited to seeing that—

(a) the vessel is not loaded beyond the limits allowed by the certificate;

(b) lines are marked on the vessel in the position of the load lines specified in the

certificate;

(c) no material alterations have taken place in the hull or super-structures of the vessel

which affect the position in which any of those lines ought to be marked;

(d) the fittings and appliances for the protection of openings, the guard-rails, the freeing

ports and the means of access to the crew’s quarters are as when the certificate was issued.

(3) Where a valid load line certificate in respect of a foreign vessel is not produced to the

surveyor, the surveyor may inspect the vessel for the purpose of ensuring that the provisions of this Part

and regulations made under this Act have been complied with, as if the vessel were a Malawi vessel.

PART IX

THE CREW

Division A—Contents of Agreement

[Ch7101s94]94. Crew agreement

(1) Subject to subsection (3), the owner of every vessel when on inland waters, shall enter into

an agreement in writing with every seaman whom he engages as one of his crew.

(2) A crew agreement shall be dated at the time it is first signed.

[Ch7101s95]95. Contents of crew agreement

(1) A crew agreement shall state—

(a) the place at which it is made;

(b) the full names of the seaman;

(c) the place of birth of the seaman;

(d) the age and date of birth of the seaman;

(e) the name of the vessel on which the seaman undertakes to serve;

(f) the nature of the engagement;

(g) the period of the engagement whether for a single voyage or for a series of voyages or

permanent;

(h) the port at which it is intended to discharge the crew;

(i) any place or ports of Malawi or other countries to which the voyage or engagements is

not to extend;

(j) the place and date at which the seaman is to be on board the vessel or to begin work;

(k) the capacity in which the seaman is to serve;

(l) the amount of wages that the seaman is to receive, including any payment in advance or

any allotment during his absence as provided under sections 105 and 106;

(m) the scale of the provisions that are to be supplied to seamen;

(n) the leave to which the seaman is entitled;

(o) any regulations as to the conduct of seamen on board vessels; and

(p) any contributions to be made by the employer and any member of the crew towards a

pension fund.

(2) A crew agreement may contain such other stipulations as are agreed upon by the owner of

the vessel and the seaman.

[Ch7101s96]96. Posting of specimen agreement

The master of a vessel shall, at the commencement of every voyage, post up a legible specimen

of the crew agreement in some part of the ship that is accessible to the crew.

[Ch7101s97]97. Employment of young persons

No young person shall—

(a) be engaged to work on board a vessel unless he has obtained the consent in writing of

his parent or guardian;

(b) be employed to work in the engine room of a vessel unless he is an apprentice working

under supervision.

[Ch7101s98]98. Continuous Discharge Book

(1) The Chief Surveyor shall issue to every seaman engaged on a vessel a book, to be known as a

Continuous Discharge Book, which shall contain a record of service of the seaman.

(2) The master of a vessel shall, on the discharge of a seaman from his vessel, make an entry in

the Continuous Discharge Book of the time and place of discharge and shall sign the entry.

(3) An entry under subsection (1) shall not contain any statement as to wages or the quality of

work of the discharged seaman.

(4) The master of a vessel shall, on the discharge of every certificated officer whose certificate of

competency has been delivered to and retained by him, return the certificate to the officer.

[Ch7101s99]99. Character report

Where a seaman is discharged from a vessel, the owner of the vessel may make, sign and deliver

to the seaman a character report in which the master shall report on the conduct, character and

qualifications of the seaman.

[Ch7101s100]100. Time and manner of payment

(1) The owner or master of a vessel shall pay to each seaman engaged on his vessel the wages of

the seaman within two working days after the arrival of the vessel at the port where the crew is to be

discharged or on the seaman’s discharge whichever is the earlier.

(2) The final wages of a seaman, may, with his consent, be paid over for the account of the

seaman, to the Chief Surveyor and the receipt of the Chief Surveyor shall constitute an absolute

discharge to the owner of the wages paid over to the Chief Surveyor.

[Ch7101s101]101. Account of wages

(1) The owner of a vessel shall, before discharging a seaman, deliver to him a full and true

account of the seaman’s wages.

(2) The account shall be delivered to the seaman not less than twenty-four hours before his

discharge.

[Ch7101s102]102. Deductions

(1) The master of a vessel shall, before discharging a seaman, deliver to him a full and true

account of the seaman’s wages.

(2) The master of a vessel shall, during the voyage enter the various matters in respect of which

the deductions are made with the amount of the respective deductions as they occur in a book kept for

that purpose.

(3) The owner of the vessel shall, if required, produce the book at the time of the payment of

the wages and at any hearing of any complaint or question relating to that payment.

[Ch7101s103]103. Settlement of wages

(1) Subject to subsection (2) where the wages of the seaman are not paid or settled as provided

in this Part, the wages of the seaman shall continue to run and be payable until the time of the final

settlement thereof.

(2) Subsection (1) shall not apply where—

(a) the delay in the payment of the seaman’s wages is attributable solely to the act or

default of the seaman;

(b) a reasonable dispute as to the liability of the owner or master of the vessel arises; or

(c) the delay is due to any other cause outside the control of the seaman or owner of the

vessel.

(3) Where a seaman is discharged from a vessel and the settlement of his wages is completed,

he shall endorse his discharge on a crew agreement and sign a release of all claims in respect of the

voyage or engagement for which his wages have been settled.

(4) The master of the vessel shall deliver a copy of the release so signed and attested to the

Chief Surveyor.

[Ch7101s104]104. Rate of exchange

Where a seaman has agreed with the owner of a vessel for payment of his wages in a specific

currency, any payment of or on account of his wages if made in any currency other than that stated in

the agreement, shall be made at the official rate of exchange for the currency at the place where, and

on the day on which, the payment is made.

[Ch7101s105]105. Payment in advance

A crew agreement may contain a stipulation for payment in advance, to or on behalf of a

seaman conditionally on his commencement of work in pursuance of the agreement, of a sum not

exceeding the equivalent of two weeks’ wages payable to the seaman under the agreement.

[Ch7101s106]106. Allotment of wages

(1) A crew agreement may contain a stipulation that part of the wages due to a seaman, during

his absence from Malawi, be allotted to such person and at such times as may be specified in the crew

agreement.

(2) The amount that may be specified under subsection (1) shall not exceed fifty percent of a

seaman’s monthly wages.

(3) Any person who becomes entitled to an allotment under this section may sue and recover

the amount of the allotment as if it were a debt due to him.

[Ch7101s107]107. Right to wages and provisions

A seaman’s right to wages and provisions shall begin at—

(a) the time at which he commences work, or

(b) the time specified in the agreement for his commencement of work or presence on

board, whichever is the earlier.

[Ch7101s108]108. Abandonment of wages and salvage

Any agreement whereby a seaman—

(a) abandons any privilege he may have under any enactment on a vessel in respect of his

wages;

(b) is deprived of any remedy for the recovery of his wages;

(c) abandons his right to wages in case of the vessel; or

(d) abandons any right that he may have or obtain in the nature of salvage,

shall be null and void.

[Ch7101s109]109. Premature termination of service

(1) Where the service of a seaman terminates before the date contemplated in the agreement

and is left on shore by reason of his unfitness or inability to proceed on the voyage, he shall be entitled

to wages for time serviced up to the time of that termination.

(2) Where the service of a seaman terminates before the date contemplated in his agreement

by reason of the loss or foundering of the vessel on which he was employed, he shall be entitled to

receive wages in respect of each day on which he is unemployed during a period of two months from

the date of termination of his service at the rate stipulated in his agreement.

[Ch7101s110]110. Wages during sickness

(1) A seaman shall be entitled to his wages during sickness on board a vessel or on shore sick

leave.

(2) Where a seaman is by reason of sickness incapable of performing his duty and it is proved

that his sickness—

(a) has been caused by his own wilful act or default; or

(b) is a sickness or an infirmity wilfully concealed at the time of engagement,

he shall not be entitled to wages for the time during which he is, by reason of the sickness, incapable of

performing his duty.

[Ch7101s111]111. Wages on improper discharge

Where a seaman who has signed an agreement is discharged otherwise than in accordance with

the terms of the agreement—

(a) before the commencement of the voyage; or

(b) before the month’s wages are earned, without fault on his part justifying the discharge

and without his request to be discharged,

he shall, without prejudice to any other remedy available to him under any other enactment, be entitled

to receive from the owner or master of the vessel any wages he might have earned together with

compensation equivalent to one month’s wages for the damage caused to him.

[Ch7101s112]112. Annual leave

(1) Every person shall be entitled after twelve months’ continuous service on a vessel, or with

the same employer or consecutively with several employers, to an annual leave with pay, the duration

of which shall be stipulated in the crew agreement.

(2) Where the continuous service of the seaman is less than twelve months he shall be entitled

to leave proportionate to the period served.

[Ch7101s113]113. Custody of property of deceased seaman

(1) Where any seaman serving on a vessel dies during a voyage, the master of the vessel shall

take charge of all personal effects, including money, on the vessel, belonging to the deceased seaman.

(2) The master of the vessel shall enter in the official log-book—

(a) a statement of the amount of the money including the currencies, where applicable, in

which they are;

(b) a description of the personal effects of the seaman; and

(c) a full statement of the wages due to the deceased.

[Ch7101s114]114. Delivery of property of deceased seaman

(1) Subject to subsection (2), the property of a deceased seaman shall be delivered by the owner

of the vessel to the Chief Surveyor.

(2) The owner of the vessel may deduct from the property of the deceased seaman any

expenses properly incurred in complying with subsection (1).

(3) Any person who claims to be entitled to the property of a deceased seaman shall make a

claim to the Chief Surveyor within five years of the death of the seaman and no claim made thereafter

shall be entertained by the Chief Surveyor.

(4) Where no claim to the property of a deceased seaman is made within the time specified in

subsection (3), the Chief Surveyor shall cause the property to be sold by public auction and credit the

net proceeds of the sale to the Consolidated Fund.

Division B—Provisions

[Ch7101s115]115. Complaints as to provisions

(1) Where four or more members of the crew of a vessel consider that the provisions or water

provided for the use of the crew at any time are substandard or deficient in quantity they may make a

complaint to that effect—

(a) in the first instance, to the owner of the vessel; and

(b) if there is no improvement, to the Chief Surveyor or to any authorized officer who may

either examine the provisions or water complained of or cause them to be examined.

(2) Where the person making an examination under this section finds that the provisions or

water are substandard or deficient in quality, he shall so inform in writing the owner of the vessel, and if

the owner does not thereupon provide proper provisions or water, he shall commit an offence.

(3) Any person other than the Chief Surveyor conducting an examination under subsection (1)

(b) shall send a report thereon to the Chief Surveyor.

[Ch7101s116]116. Allowance for provisions

Where during the voyage of a vessel the allowance for provisions supplied to a seaman is

deficient in quantity or any of those provisions are substandard, the seaman shall receive by way of

compensation for the deficiency for so long as it lasts, an amount of money to be determined by the

Chief Surveyor.

[Ch7101s117]117. Weights and measures

The master of a vessel in which provisions are supplied to the crew shall keep on board proper

weights and measures for determining the quantities of the several provisions supplied.

[Ch7101s118]118. Qualified cook

Every vessel of 50 GRT or more shall, where passengers and crew are provided with food, carry a

qualified crew cook and a qualified passenger cook.

[Ch7101s119]119. Medical requisities

(1) The owner and the master of a vessel shall ensure that the vessel carries medicine, medical

stores and appliances in accordance with scales provided by regulations made under this Act.

(2) Where an authorized officer is of the opinion that the medicines, medical stores and

appliances on a vessel are deficient in quantity or quality or are placed in improper receptacles, he shall

give notice thereof in writing to the owner or master of the vessel and shall report the matter to the

Chief Surveyor.

(3) The Chief Surveyor may, on receiving a report under subsection (2), suspend the certificate

of registration of the vessel and detain the vessel until he is satisfied that the default has been

remedied.

[Ch7101s120]120. Expenses for medical treatment or burial

(1) Where a member of the crew of a vessel receives, outside Malawi, any surgical or medical

treatment, or any dental or optical treatment, the reasonable expense thereof shall be borne by the

owner of the vessel.

(2) Where a member of the crew of a vessel dies and is buried or cremated outside Malawi or

his place of residence, the expenses of his burial or cremation shall be borne by the owner of the vessel.

[Ch7101s121]121. Medical personnel

(1) Every vessel which leaves a port with one hundred persons or more on board shall carry on

board, as part of her complement, a medical practitioner.

(2) Subsection (1) shall not apply to vessels operating within coastal or inland water ports.

[Ch7101s122]122. Facilities for complaints

Where a seaman while on board a vessel informs the master of the vessel that he wishes to

make a complaint to an authorized person against the master of the vessel or any other member of the

crew, the master shall, as soon as the service of the vessel permits, allow the complainant to go ashore

to make his complaint.

Division C—Discipline

[Ch7101s123]123. Disciplinary proceedings

(1) Where the Chief Surveyor is of the opinion that a person to whom a certificate of

competency or a licence has been issued under this Act—

(a) is unfit to discharge his duties;

(b) has been guilty of misconduct or negligence in the discharge of his duties;

he shall inform the person of the charge and require him, by written notice, to show cause within such

time as may be specified in the notice, why his certificate of competency or licence should not be

cancelled or suspended.

(2) Where the person referred to in subsection (1) does not make any reply to the notice under

subsection (1), the Chief Surveyor shall—

(a) cancel the certificate of competency or licence held by that person; or

(b) suspend his certificate of competency or licence for such period as he thinks fit; or

(c) censure that person.

(3) Where the person referred to in subsection (1) makes a reply to the notice under subsection

(1) and the Chief Surveyor is not satisfied with his explanations, the Chief Surveyor shall report the

matter to the Minister who shall appoint a fit and proper person, being a legal practitioner of not less

than ten years’ standing, to inquire into the charge and to make a report thereon to the Chief Surveyor,

indicating at the same time how the matter should be dealt with.

(4) On receipt of a report under subsection (3), the Chief Surveyor may—

(a) cancel the certificate of competency or licence held by that person; or

(b) suspend his certificate of competency or licence for such a period as he thinks fit; or

(c) censure that person; or

(d) absolve him of the charge.

(5) Where a certificate of competency or licence has been cancelled or suspended under this

section, the holder thereof shall, within seven days of being notified of the cancellation or suspension,

deliver the certificate of competency or licence to the Chief Surveyor and where he fails to do so, he

shall commit an offence.

[Ch7101s124]124. Review by Minister

Where a certificate of competency or licence has been cancelled or suspended under section

123 the Minister may, in a fit and proper case—

(a) authorize the re-issue of the certificate of competency or licence or reduce the period of

the suspension; or

(b) authorize the issue of a new certificate of competency or licence of a low grade in place

of that cancelled or suspended.

[Ch7101s125]125. Misconduct endangering vessel or life

A member of the crew of a vessel, who, by wilful breach of duty or by reason of drunkenness—

(a) does act in a manner tending to cause the immediate loss, destruction or serious

damage to, the vessel or tending to pose an immediate danger to the life or limb of any person on board

the vessel or another vessel; or

(b) refuses or omits to do any lawful act proper and requisite to be done by him for

preserving the vessel from immediate loss, destruction or serious danger to the vessel or any immediate

danger to life or limb,


[Ch7101s126]126. Official log-book to be kept and delivered

(1) The master of every vessel shall, in addition to the vessel’s log-book, keep an official log-

book.

(2) An entry required to be made in an official log-book shall—

(a) be made as soon as possible after the occurrence to which it relates;

(b) where it is not made on the same day as the occurrence, be made and dated to show

the date of the occurrence and the entry respecting it;

(c) where it is made in respect of an occurrence happening before the arrival of the vessel

at her final port of discharge, be made not later than twenty-four hours after arrival.

(3) Every entry in the official log-book shall be signed by the master and by another member of

the crew, and where it is an entry of illness, injury or death, it shall be signed by any medical practitioner

on board.

(4) The master of a vessel shall, within forty-eight hours after the vessel’s arrival at her final port

of destination or on the discharge of the crew, whichever first happens, deliver the official log-book of

the voyage to the Chief Surveyor or to an authorized officer if the crew is discharged outside Malawi.

(5) Where a vessel is lost or abandoned, the owner or master of the vessel shall, where

practicable, and as soon as possible, deliver or transmit to the Chief Surveyor any official log-book duly

made out up to the time of the loss or abandonment.

(6) Where, by reason of the transfer of the ownership of a Malawi vessel, the official log-book

ceases to be required in respect of the vessel, the owner or master of the vessel shall—

(a) where the vessel is in Malawi, within fifteen days; or

(b) where the vessel is outside Malawi within six months, of the transfer, deliver or transmit

to the Chief Surveyor the official log-book duly made out up to the time of the transfer.

[Ch7101s127]127. Particulars of entry

The master of every vessel shall enter or cause to be entered in the official log-book particulars

therein—

(a) every conviction by a court of a member of his crew and the punishment inflicted;

(b) every offence committed by a member of his crew for which it is intended to institute

proceedings, or for which punishment has been inflicted on board and the punishment inflicted;

(c) every case of illness or injury happening to a member of the crew, with the nature

thereof and any medical treatment given;

(d) every refusal to a member of the crew to take any medicine;

(e) every birth and death happening on board the vessel;

(f) the name of every seaman who ceases to be a member of the crew otherwise than by

death, stating the place, time, manner and cause thereof;

(g) the wages due to any seaman who dies during the voyage, and the gross amount of all

deductions to be made from those wages;

(h) the sale of the effects of any seaman with a statement of each article sold and the sum

received for it;

(i) every collision with any other vessel and the circumstances in which it occurred;

(j) the date and time of posting up in the vessel of a notice containing particulars of the

vessel draught and freeboard; and

(k) any other entry directed by this Act to be entered in the log-book.

[Ch7101s128]128. Breaches respecting official log-book

(1) Where an official log-book is not kept or delivered as required by section 126, or an entry

required under section 127 is not made in accordance with that section the master of the vessel shall

commit an offence.

(2) Any person who wilfully destroys or mutilates or renders illegible any entry in an official log-

book or wilfully makes or procures to be made a false or fraudulent entry in an official log-book shall

commit an offence.

Division D—Relief and Repatriation

[Ch7101s129]129. Return on loss or abandonment of vessel

Where a vessel is lost or abandoned the owner or master of the vessel shall deliver to the Chief

Surveyor the list of persons on board at the time of loss or abandonment.

[Ch7101s130]130. Documents to be handed over

(1) Where during a voyage the master of a vessel is removed or suspended or for any other

reason relinquishes command and is succeeded in command by some other person, he shall deliver to

his successor the certificate of registration and the various documents which relate to the navigation

and to the crew of the vessel and which are in his custody.

(2) The person taking over command of a vessel in accordance with subsection (1) shall

immediately on assuming command of the vessel enter in the official log-book a list of the documents

delivered to him.

[Ch7101s131]131. Birth and death on board

(1) Where a birth or death takes place on board a vessel while the vessel is on inland waters, the

master of the vessel shall make an entry to that effect in the official log-book and shall draw up a

memorandum or declaration of the birth, or death in accordance with section 19 of the Births and

Deaths Registration Act, as the case may be. Cap. 24:01

[Ch7101s132]132. Application of sections 132 to 134

Sections 132 to 134 shall apply to every vessel which engages a seaman in Malawi.

[Ch7101s133]133. Repatriation of seamen

(1) Where the agreement of a seaman terminates at a port other than the port of engagement,

the seaman shall be returned to a proper return port at the expense of the owner or master of the

vessel.

(2) The responsibility of the owner and master under this section shall include an obligation—

(a) to pay the cost of maintenance and any medical treatment until the seaman’s arrival at

his proper return port; and

(b) to ensure that the seaman does not become a charge on the Government.

[Ch7101s134]134. Defaulting seamen not entitled to be returned

A seaman who has been left behind or discharged from his vessel as a result of his—

(a) desertion; or

(b) imprisonment,

shall not be entitled to be returned under section 138 at the expense of the owner or master of the

vessel.

[Ch7101s135]135. Security by owner or master

Where a seaman is to be left behind or discharged from the vessel at a port other than his port

of engagement, an authorized officer may demand from the owner of the vessel adequate security or

guarantee for the repatriation of the seaman to a proper return port.

[Ch7101s136]136. Effects and wages of seaman left behind

(1) Where a seaman engaged on a vessel is left at a place other than a proper return port, the

master of the vessel shall enter in the official log-book, a statement of the personal effects left on board

by the seaman and an account of wages due to him at the time he was left behind.

(2) On the termination of the voyage during which the seaman was left behind, the master of

the vessel shall furnish to an authorized officer, within forty-eight hours after the arrival of the vessel at

the port at which the voyage terminates, a delivery account and a retention account relating to the

seaman.

(3) The master of the vessel shall, where required by an authorized officer, furnish such

vouchers as may be necessary to verify the delivery and retention accounts.

(4) The master of the vessel shall deliver to an authorized officer, the personal effects of a

seaman as shown in a delivery account, and the authorized officer shall give to the master a receipt for

any personal effect or amount so delivered.

(5) The master of the vessel shall be entitled to retain out of the wages of a seaman any sum

shown in a retention account that appears to an authorized officer to be owing or payable to the

master.

[Ch7101s137]137. Exemption from liability

The master of a vessel shall not be liable for any loss or damage to the personal effects of a

seaman left behind or discharged at a port other than his proper return port, where the loss or damage

occurred without fault on his part.

[Ch7101s138]138. Return from service

(1) Where during the currency of his agreement the service of a seaman engaged on a vessel

terminates otherwise than by the consent of the seaman, the master of the vessel shall—

(a) make an appropriate entry in the seaman’s Continuous Discharge Book;

(b) pay to the seaman the wages to which he is entitled; and

(c) make adequate provision in accordance with this Act for the maintenance and return of

the seaman to a proper return port.

(2) Where the master of a vessel fails without reasonable cause to comply with subsection (1),

the expenses for the maintenance of the seaman and for his conveyance to a proper return port—

(a) if paid by the seaman, shall be recovered as wages due to him; and

(b) if paid by an authorized officer, shall be a charge on the vessel to which the seaman

belonged.

(3) A charge on a vessel under subsection (2) (b) may be recovered—

(a) from the person who is the owner of the vessel;

(b) where the vessel has been lost, from the person who was the owner of the vessel at the

time of the loss;

(c) where the vessel has been transferred, from either the former or new owner of the

vessel.

[Ch7101s139]139. Discharge on change of ownership

(1) Where a vessel is sold, transferred or otherwise disposed of, any seaman belonging to that

vessel may at his option be discharged or be employed to complete the voyage of the vessel on terms

and conditions not less favourable than those stipulated in the agreement under which he was engaged

to serve on the vessel.

(2) Where a seaman is discharged under this section the provisions of this part relating to the

Continuous Discharge Book and the return of the seaman to a proper return port shall apply as if his

service had been terminated otherwise than by his consent to be discharged during the currency of the

agreement.

[Ch7101s140]140. Relief of distressed seamen

(1) Where a seaman—

(a) is found in any place outside Malawi after having been shipwrecked from a Malawian

vessel; and

(b) by reason of having been discharged or left behind from a vessel in any place outside

Malawi is in distress in that place,

the authorized officer shall provide relief to the seaman.

(2) The relief under subsection (1) shall provide—

(a) for the return of the seaman at the expense of the Government to a proper return port

and for his necessary clothing and maintenance until his departure for such a port;

(b) in case of death, for burial expenses;

(c) in the case of a shipwrecked seaman, for the repayment of any expenses incurred in his

conveyance to a proper return port and his maintenance while being so conveyed.

[Ch7101s141]141. Forcing ashore

Any master or member of the crew of a vessel who wrongfully forces a seaman ashore and

leaves him behind, or otherwise causes a seaman to be wrongfully left behind at any place, shall commit

an offence.

[Ch7101s142]142. Return of seamen

Where any question arises as to what return port a seaman is to be returned, the question may

be referred to an authorized officer and his decision thereon shall bind both the master of the vessel

and the seaman.

PART X

DANGEROUS GOODS AND UNSEAWORTH VESSELS

Division A—Grain and Deck Cargo

[Ch7101s143]143. Carriage of grain

(1) Where grain is loaded on board a Malawi vessel or is loaded in Malawi on board any vessel

all necessary and reasonable precautions shall be taken to prevent the grain from shifting.

(2) An inspector may go on board any vessel that is in any port in Malawi and inspect any grain

loaded in the vessel and the manner in which it is stowed.

(3) Where the precautions required under subsection (1) are not taken, the owner or master of

the vessel or any agent of the owner who was charged with the loading or with letting the vessel sail

laden with the grain, shall commit an offence and the vessel shall be presumed to be unsafe by reason

of improper loading.

(4) Where any vessel which has been loaded with grain outside Malawi without the taking of all

necessary and reasonable precautions to prevent the grain from shifting enters Malawi so laden, the

owner and the master of the vessel shall commit an offence.

[Ch7101s144]144. Deck cargo

The Minister may make regulations prescribing the requirements to be complied with when

cargo is carried in any uncovered space on the deck of a load line vessel.

Division B—Dangerous Goods

[Ch7101s145]145. Meaning of “dangerous goods”

In this Part—

“dangerous goods”, in respect of any vessel means—

(a) explosives, gases whether compressed, liquefied or dissolved under pressure,

inflammable liquids, inflammable solids, or substances liable to spontaneous combustion, inflammable

acids, or substances which when in contact with water emit inflammable gases, oxidizing substances,

organic peroxides, poisonous toxic substances, infectious substances, radioactive substances, corrosives;

and

(b) any other goods that may be classified as dangerous in the International Maritime

Dangerous Goods Code (IMDG Code).

[Ch7101s146]146. Carriage of dangerous goods

(1) Any person who sends by any vessel, or not being the owner or master of the vessel carries

on the vessel, any dangerous goods—

(a) without distinctly marking the nature on the outside of the package containing the

goods; or

(b) without, at or before the time of sending the goods to be shipped or taking them on

board the vessel giving written notice to the owner or master of the vessel of the nature of the goods

and the name and address of the sender or carrier of the goods,


(2) Any person who knowingly sends or carries in any vessel any dangerous goods under a false

description, or falsely describes the sender or carrier of any such goods, shall commit an offence.

[Ch7101s147]147. Inspection or refusal to take dangerous goods

The owner or master of any vessel may require any package or parcel intended to be shipped to

be opened to ascertain it’s nature or he may refuse to take on board any package or parcel which he

suspects might contain any dangerous goods.

[Ch7101s148]148. Disposal of dangerous goods

(1) Where any dangerous goods, or any goods which, in the opinion of the owner or master of

the vessel, are dangerous goods, have been sent on board any vessel without the marking or the notice

required under section 146 the owner or master of the vessel may cause the goods, together with the

packaging or container of the goods, to be thrown overboard.

(2) Where goods are thrown overboard under subsection (1) the master of the vessel shall make

an entry in the official log-book stating the reasons for his action.

[Ch7101s149]149. Regulations on dangerous goods

The Minister may, by notice published in the Gazette, make regulations regarding the carriage of

dangerous goods in vessels.

Division C—Seaworthiness

[Ch7101s150]150. Sending unseaworthy vessel on inland waterways

(1) Any person who sends a vessel on inland waterways in such an unseaworthy state that the

life of any person is likely to be endangered thereby commits an offence.

(2) For the purposes of this Act, a vessel shall be deemed to be unseaworthy if a surveyor is

satisfied that the vessel, by reason of—

(a) defective condition or equipment;

(b) lack of equipment;

(c) undermanning or incompetence of master or crew;

(d) overloading or improper loading,

is unfit to navigate upon that part of the inland waters where the vessel is found without danger to

human life, regard being had to the nature of service for which the vessel is intended to be employed.

[Ch7101s151]151. Duty to ensure seaworthiness

Notwithstanding any agreement to the contrary, it shall be an implied term of every contract of

service between the owner of the vessel and any seaman thereof, and of every instrument of

apprenticeship whereby any person is bound to serve as an apprentice on board any vessel, that—

(a) the owner or master of the vessel; and

(b) any agent charged with the loading of the vessel or with the preparation of the vessel

for sailing or the sending of the vessel on inland waters,

shall take all reasonable measures to ensure the seaworthiness of the vessel for the voyage at the time

when the voyage commences and to keep the vessel in a seaworthy condition for the duration of the

voyage.

[Ch7101s152]152. Detention of unseaworthy vessel

(1) Where the Chief Surveyor believes that any vessel or any foreign vessel in Malawi is unfit to

sail, he may detain the vessel until he is satisfied that the vessel is fit to sail.

(2) Where a foreign vessel has been detained under this section, the Minister shall forthwith

notify the consular officer of the country to which the vessel belongs of the detention.

(3) The Chief Surveyor shall cause a vessel detained under this section to be inspected or

surveyed to investigate any defects believed to exist and the inspector or surveyor shall submit a full

written report on his findings to the Chief Surveyor.

(4) The owner or master of the vessel or a consular officer referred to in subsection (2) may

require that a person of his choice accompany any person making an inspection or survey under

subsection (3).

(5) Where a vessel is detained under this section, the owner of the vessel shall be liable to pay

to the Government the cost of, and incidental to, the detention and survey of the vessel.

(6) The costs under subsection (5) shall, without prejudice to any other remedy, be recoverable

in the same manner as salvage.

PART XI

WRECKS AND SALVAGE

Division A—Wrecks

[Ch7101s153]153. Appointment of Receiver

(1) The Chief Surveyor shall be the Receiver of wrecks throughout Malawi.

(2) The Receiver shall exercise general supervision over all matters relating to wrecks and

salvage.

(3) The Receiver may require any suitably qualified person to assist him in the performance of

his duties as Receiver.

[Ch7101s154]154. Duty to attend vessels in distress

(1) Where any vessel is wrecked, stranded or in distress at any place on or near the shores or

coast of inland waters, the Receiver shall immediately proceed to that place and shall on his arrival—

(a) take command of all persons present; and

(b) assign such duties and give such directions to each person as he thinks fit for the

preservation of the vessel and of the lives of the persons belonging to the vessel and of her cargo and

equipment.

(2) Any person who fails to comply with any directions of the Receiver under subsection (1) shall

commit an offence.

[Ch7101s155]155. Power to require assistance

(1) The Receiver may, with a view to protecting vessel wrecked persons or any vessel which is

wrecked, stranded, abandoned or in distress, or the cargo of the vessel of any wreck, require—

(a) such persons as he thinks fit to assist him;

(b) the master or other person having the charge of any vessel near at hand to give such

assistance with his men or vessel as he can; and

(c) the use of any machinery, vehicle or equipment that is obtainable.

(2) The Receiver may, without warrant, arrest any person who plunders or does any damage to

any vessel which is wrecked, stranded, abandoned or in distress and may require any person to assist

him in the arrest.

(3) Any person who is required to give any assistance under subsection (1) or (2) and who

without reasonable cause fails to do so shall commit an offence.

(4) Where any person resists the Receiver or any person giving him assistance under this section

suffers any injury, the Receiver or the person assisting him shall not be liable to any criminal offence or

to damages unless the force used to deal with the resistance shown by the injured person was

manifestly unreasonable having regard to the circumstances prevailing at the time.

[Ch7101s156]156. Power to pass over adjoining lands

(1) Where any vessel is wrecked, stranded or in distress at any place in Malawi, any person may,

for the purpose of rendering assistance to the vessel, saving the lives of vessel wrecked persons or

saving the cargo or equipment of the vessel—

(a) pass or re-pass, either with or without vehicles or animals, over any adjoining lands

without being subject to interruption by the owner or occupier; and

(b) deposit on such adjoining lands any cargo or other article recovered from the vessel,

without doing more damage than is unavoidable.

(2) Any damage sustained by an owner or occupier in consequence of the exercise of the rights

given by subsection (1) shall be a charge on the vessel, cargo or article in respect of or by which the

damage is occasioned.

(3) The amount payable in respect of the damage shall, in case of dispute be determined and

shall, in default of payment, be recoverable in the same manner as salvage.

(4) Any owner or occupier of any land who—

(a) impedes any person in the exercise of the rights given by this section; or

(b) prevents any cargo or other article deposited on his land in exercise of such rights from

remaining deposited on the land for a reasonable time until it can be removed to a safe place,


[Ch7101s157]157. Power to examine persons

(1) Where any vessel is or has been in distress on inland waters, the Receiver shall examine on

oath any person belonging to the vessel or any person able to provide information as to the following

matters—

(a) the name and description of the vessel;

(b) the names of the owner and master of the vessel;

(c) the names of the owners of the cargo;

(d) the ports from which the vessel came and to which she was bound;

(e) the occasion of the distress of the vessel;

(f) the services rendered; and

(g) such other matters relating to the vessel or to her cargo as the Receiver thinks fit.

(2) The Receiver shall—

(a) record the results of the examination;

(b) send a copy of the record to the Chief Surveyor; and

(c) post another copy in his office for the inspection of interested persons.

(3) The Receiver shall for the purpose of this section have the power to administer oaths.

[Ch7101s158]158. Taking possession of wreck

(1) Where any person takes possession of any wreck in Malawi he shall, whether or not he is the

owner of the wreck, forthwith notify the Receiver of the place at which the wreck is kept.

(2) The Receiver shall, on being notified that a person has taken possession of a wreck, issue

such directions as he thinks fit for the delivery of the wreck.

(3) Subsection (1) shall apply to any wreck found derelict on waterways outside Malawi and

brought into Malawi.

(4) Any person who, having taken possession of any wreck, fails, without reasonable cause, to

comply with subsection (1) shall commit an offence.

[Ch7101s159]159. Concealing of wreck

(1) Where the Receiver reasonably believes that any wreck—

(a) is in possession of some person who is not its owner; or

(b) is being improperly dealt with,

he may apply to a magistrate for a search warrant.

(2) The Receiver may by virtue of the warrant enter any premises or other place wherever

situated, including any vessel and search for, seize and detain any wreck there found.

(3) Where any seizure of wreck is made in consequence of information given by any person to

the Receiver, the informer shall be entitled by way of salvage to such sum as the Chief Surveyor thinks

fit.

[Ch7101s160]160. Notice of wreck

(1) Where the receiver takes possession of any wreck, he shall within forty-eight hours of the

taking of possession cause to be posted in his office a description of the wreck and the mark by which it

is distinguished.

(2) The Receiver may give such publicity of the description of the wreck as he thinks fit.

[Ch7101s161]161. Owner’s right to wreck

(1) The owner of any wreck in the possession of the Receiver shall on—

(a) establishing his claim to the wreck to the satisfaction of the Receiver within six months

from the time at which the wreck came into the possession of the Receiver; and

(b) paying the salvage fees and expenses due, and any customs duty, be entitled to have

the wreck or the proceeds of sale of the wreck delivered up to him.

(2) Where any wreck in the possession of the Receiver is shown to the satisfaction of the

Receiver to belong to an owner in a foreign country, the Receiver may, in the absence of the owner, or

his authorized agent, treat the consular officer of that country in Malawi to be the owner of the wreck.

[Ch7101s162]162. Sale of wreck

(1) The Receiver may at any time sell or cause to be sold any wreck in his custody where in his

opinion—

(a) its value is less than K2,000;

(b) it is so damaged or of so dangerous or perishable a nature that it cannot with advantage

be kept; or

(c) it is not of sufficient value to pay for warehousing.

(2) The Receiver shall, after payment of all expenses from the proceeds of sale of any wreck hold

the remainder for the same purposes and subject to the sale claims, rights and abilities as if the wreck

had remained unsold.

[Ch7101s163]163. Unauthorized sale of wreck

(1) No person shall, without authority from the Receiver, sell any wreck, cargo or equipment of

any vessel which has been stranded, is derelict or in distress.

(2) Any person who contravenes subsection (1) shall commit an offence.

[Ch7101s164]164. Boarding wrecked vessel

(1) No person shall, without the leave of the master of the vessel, board or endeavour to board

any vessel which is wrecked, stranded or in distress, unless the person is or acts under the authority of

the Receiver.


[Ch7101s165]165. Interference with wreck

(1) No person shall—

(a) impede or hinder the saving of any vessel stranded or in danger of being stranded or in

distress on inland waterways;

(b) impede or hinder the saving of any part of the equipment or cargo of the vessel or of

the wreck;

(c) conceal any wreck, or deface or obliterate any mark on it;

(d) wrongfully carry away or remove any part of a vessel stranded or in danger of being

stranded or in distress; or

(e) carry away or remove any part of the cargo or equipment of the vessel or any wreck.


[Ch7101s166]166. Unclaimed wreck

Where no person establishes a claim as owner of any wreck in the possession of the Receiver

within six months after it comes into the Receiver’s possession, the Receiver shall sell or cause to be sold

the wreck and pay the proceeds into the Consolidated Fund, after deducting—

(a) the expenses of the sale;

(b) his own fees;

(c) payment to the salvors of such amount of salvage as he shall determine; and

(d) any other reasonable expenses incurred in respect of the wreck.

[Ch7101s167]167. Discharge of Receiver

On delivery of wreck or payment of the sale of wreck by the Receiver in pursuance of this Part,

the Receiver shall be discharged from all liability in respect of the wreck.

[Ch7101s168]168. Obstruction to navigation

(1) Where the Receiver is of the opinion that a vessel sunk, stranded, abandoned or run aground

in any place within inland waters limits of Malawi, is likely to become an obstruction or danger to

navigation or is found in a dangerous or hazardous condition, he may—

(a) take possession of the vessel or part thereof until it is raised, removed or destroyed;

(b) light or buoy the vessel or part thereof until it is raised, removed or destroyed; and

(c) subject to subsection (3), in such manner as he thinks fit, sell or cause to be sold the

vessel or part thereof when so raised or removed together with any other property recovered in the

exercise of his powers under this section.

(2) Where the Receiver has exercised the powers conferred on him under subsection (1) (c) he

shall—

(a) reimburse himself the expenses incurred by him in relation to the vessel and any

property recovered from her; and

(b) hold any surplus of the proceeds from the sale on deposit to pay to any person who

establishes a right to the proceeds or any part thereof.

(3) Except in the case of property which is of a perishable nature or which would deteriorate in

value, the Receiver shall give seven clear days’ notice in the Gazette before exercising his powers of sale

under subsection (1) (c).

(4) At any time before any property is sold under this section, its owner shall be entitled to take

delivery of it on payment to the Receiver of the fair market value of the property.

(5) For the purposes of subsection (4), the fair market value of any property shall be such

amount as may be agreed upon in writing by the owner and the Receiver or failing agreement, such

amount as may be determined by a valuer appointed for the purpose by the Chief Surveyor.

[Ch7101s169]169. Obstruction in port

(1) Where the harbour master is of the opinion that a vessel as is mentioned in section 168 is

causing an obstruction or a danger to navigation in a harbour in Malawi, he may after consultation with

the Receiver, exercise all the powers conferred by section 168 on the Receiver.

(2) Subject to subsection (1), the harbour master may, after the exercise of his powers under

subsection (1), recover, all the expenses incurred by him in respect of the vessel in the same manner as

the receiver would have recovered any similar expenses under this Part.

(3) The harbour master shall not sell or cause to be sold any vessel, its apparel, tackle or

furniture except with the prior approval of the Receiver.

(4) Any balance remaining from the proceeds of any sale under this section shall, after

deduction of all expenses incurred by the harbour master, be paid into the Consolidated Fund.

Division B—Salvage

[Ch7101s170]170. Salvage of life

(1) Where services are rendered in whole or in part—

(a) near inland waters limits of Malawi in saving life from any aircraft or vessel; or

(b) elsewhere in saving life from any Malawian vessel,

the salvor shall be entitled to a reasonable amount for salvage, as well as to a refund of all expenses

properly incurred by him.

(2) Where aircraft, vessel or cargo and equipment thereof are destroyed or the value thereof is

insufficient to pay any amount to which the salvor is entitled under subsection (1) in respect of

preservation of life, the Chief Surveyor may approve payment to the salvor out of the Consolidated Fund

of such sum as he thinks fit to meet the expenditure properly incurred by the salvor.

[Ch7101s171]171. Salvage of cargo

Where any vessel is wrecked, stranded, run aground or in distress at any place in, or near the

inland waters limits of Malawi and services are rendered—

(a) by any person in assisting the vessel or saving any cargo or equipment of the vessel; or

(b) by any person in saving any wreck,

the salvor shall be entitled to a reasonable amount for salvage as well as a refund of all expenses

properly incurred by him.

[Ch7101s172]172. Non-entitlement to salvage

Nothing in section 170 shall entitle any person to salvage or to a refund of expenses—

(a) in respect of services rendered contrary to an express and reasonable prohibition of

such services on that part of the vessel to which such services are rendered;

(b) in respect of the services, rendered by a vessel which it is towing or the cargo thereof,

except where such services are of an exceptional character such as are outside the scope of towage;

(c) where he has caused the distress giving rise to the entitlement, either intentionally or

through negligence; or

(d) where he has concealed or unlawfully disposed of any property salvaged.

[Ch7101s173]173. Salvage where vessels belong to same owner

Where services are rendered—

(a) by any person to two or more vessels under the same ownership; or

(b) by any person from one vessel to another both of which are under the same ownership,

salvage shall be paid as if the vessel belonged to different owners.

[Ch7101s174]174. Determination of disputes and valuation

(1) Where a dispute arises as to—

(a) the value of property salvaged;

(b) the amount of salvage payable; or

(c) the expenses properly incurred by a salvor,

the dispute shall be determined by the competent court unless the parties agree that it be determined

by the Receiver or by arbitration under the Arbitration Act. Cap. 6:03

(2) For the purpose of determining the value of property salvaged, the Receiver may, at the

request of any party to a dispute, appoint a valuer to value the property.

[Ch7101s175]175. Detention of salvaged property

Where a salvor is entitled to salvage or to a refund of expenses properly incurred by him, the

Receiver may—

(a) where the entitlement is due in respect of services rendered in assisting any vessel, or

saving life, cargo or equipment, detain the vessel, cargo or equipment; and

(b) where the entitlement is due in respect of the saving of any wreck and the wreck is not

sold as unclaimed, detain the wreck, until the claim of the salvor is met.

[Ch7101s176]176. Sale of detained property

(1) The Receiver may sell or cause to be sold any property detained under section 175 where—

(a) the owner of the property detained is aware or has been made aware of the detention;

and

(b) the amount due to the salvor is not in dispute and has not been paid within twenty-one

days after a claim for the payment has been made.

(2) The proceeds of a sale under subsection (1) shall, after payment of the sale, be applied by

the receiver in the payment of any amount due to the salvor and all fees payable under this Act, and any

balance shall be paid to the owner of the property.

[Ch7101s177]177. Priority of claims

Any claim by a salvor in respect of the salvage of life under section 170 shall be payable in

priority to any other claim for salvage.

PART XII

INQUIRIES AND LEGAL PROCESS

Division A—Inquiries

[Ch7101s178]178. Shipping casualties

For the purpose of an inquiry or investigation under this Part, a shipping casualty shall be

deemed to occur—

(a) when within near shore limits or in the course of a voyage any vessel is lost, abandoned,

stranded or materially damaged or any loss or material damage is caused to the vessel by another

vessel;

(b) when in any place any vessel has been lost, abandoned, stranded or materially damaged

and any member of her crew or any other person who is a competent witness of the loss, abandonment,

stranding or material damage is in Malawi waters or ports;

(c) when any loss of life occurs by reason of any casualty occurring to or on board any

vessel within near shore limits or in the course of a voyage to Malawi; and

(d) when in any place, a Malawi vessel is lost, abandoned, stranded or materially damaged.

[Ch7101s179]179. Preliminary inquiries

(1) Where any shipping casualty occurs, the Chief Surveyor may hold a preliminary inquiry into

the circumstances which have led to the casualty or may require an inspector to hold such an inquiry.

(2) Where an inquiry is held under subsection (1) a report thereon shall be submitted to the

Chief Surveyor within seven days of the completion of the inquiry.

[Ch7101s180]180. Court of investigation

(1) Subject to subsection (2), the Chief Surveyor may appoint a court of investigation for the

purpose of holding a formal investigation into any case where a shipping casualty has occurred, whether

or not a preliminary inquiry has been held under section 179.

(2) The Chief Surveyor shall not appoint a court of investigation into any shipping casualty in

respect of a foreign vessel unless—

(a) the casualty occurs within near shore limits of Malawi waters; and

(b) the appointment of the court of investigation has been requested or consented to by

the Government of the country of which the vessel is registered.

(3) A court of investigation shall be composed of—

(a) a chairman who shall be a person who holds or has held judicial office; and

(b) not less than two but not more than four other members.

(4) A court of investigation shall hold its meetings and conduct its proceedings in the same

manner and shall have the same powers as a commission of inquiry appointed under the Commissions

of Inquiry Act. Cap. 18:01

(5) A court of investigation shall, after completion of the hearing of any investigation, submit to

the Chief Surveyor a report together with a summary of the evidence adduced at the investigation.

[Ch7101s181]181. Inquiry into deaths of crews

(1) Where a death occurs on board a Malawi registered vessel or on board any foreign vessel

whose crew is discharged in any port in Malawi the Chief Surveyor shall, on the arrival of the vessel at

that port—

(a) inquire into the cause of the death; and

(b) make, in the official log book, a report of the result of the inquiry.

(2) Where in the course of an inquiry under subsection (1) it appears to the Chief Surveyor that

the death has been caused by violence or in suspicious circumstances, he shall report the matter—

(a) to the Commissioner of Police; and

(b) where the vessel is a foreign vessel, to the appropriate body of the country in which the

vessel is registered.

[Ch7101s182]182. Inquiry into deaths of passengers

Where a death of a passenger occurs on board a Malawi registered vessel or on board any

foreign vessel whose next port of call is in Malawi, the provisions of section 181 shall apply.

[Ch7101s183]183. Loss of or damage to luggage

Where loss of or damage to luggage is deemed to have occurred, the owner of the luggage shall

notify the carrier for compensation.

Division B—Offences and Penalties

[Ch7101s184]184. Setting sail with officers

Where a vessel sets sail when any person empowered to detain the vessel, or an inspector,

surveyor or police officer is on board the vessel in the execution of his duties, the owner and the master

of the ship shall each commit an offence and shall, on conviction, be liable, in addition to any penalty

provided under section 189 to a fine equivalent to the aggregate of the expenses of and incidental to

the person, inspector, surveyor or police officer taken aboard, as the case may be, for his return.

[Ch7101s185]185. Throwing of person overboard

Any person who throws or causes to be thrown overboard any other person shall commit an

offence.

[Ch7101s186]186. Marking of heavy package

No person shall, in Malawi, consign to be loaded on any vessel or no owner or master of any

vessel shall, in Malawi cause or permit to be loaded on the vessel, any package or object the weight of

which exceeds three thousand kilogrammes without causing its approximate weight to be clearly and

durably marked on the outside of the package or object.

[Ch7101s187]187. Unauthorized presence on board

Any person other than the Chief Surveyor, surveyor or any person authorized under this Act or

any other written law who, without reasonable cause—

(a) goes on board any vessel in a port in Malawi without the consent of the master of the

vessel or of any other person empowered to give such consent; or

(b) remains on board the vessel after being requested to leave by the master, a police

officer, a customs officer or any person empowered to do so,


[Ch7101s188]188. Offences by seamen

(1) Every seaman who—

(a) deserts from his vessel;

(b) neglects or refuses to join his vessel or to set sail in his vessel;

(c) is absent from his vessel, without leave;

(d) assaults the master or any member of the crew;

(e) combines with any member of the crew to neglect duty or to impede the navigation of

the vessel or the progress of the voyage; or

(f) wilfully damages his vessel or misappropriates any of her stores or cargo,


(2) Subsection (1) shall apply in relation to—

(a) a Malawi vessel; and

(b) a foreign vessel if the offence is committed—

(i) in a port in Malawi or within the near shore limits; or

(ii) outside Malawi and the offender is in Malawi and a representative of the

country in which the vessel is registered requests that criminal proceedings be instituted against the

offender.

(3) Where any seaman who is not a citizen of Malawi commits an offence under subsection (1)

(a) or (b), the Court may in lieu of any sentence which may be inflicted on him require a police officer to

convey him on board his vessel for the purposes of setting sail.

(4) Where any seaman who is not a citizen of Malawi commits an offence under subsection (1)

and is sentenced to a term of imprisonment, the Court before which he was sentenced may, on the

application of a police officer or of the owner or master of the vessel, cause him to be conveyed on

board the vessel for the purpose of setting sail, notwithstanding that the term of imprisonment to which

he was sentenced is not at an end.

[Ch7101s189]189. Penalties

(1) A person who commits an offence under sections 9, 14, 15, 17, 27, 48, 68, 71, 74, 89, 91,

115, 125, 128, 141, 143, 146, 150, 154, 155, 156, 158, 163, 164, 165, 184, 185, 187, 188 and 193 shall,

on conviction, be liable to a fine not exceeding K600 or to imprisonment for a term not exceeding two

years.

(2) A person who contravenes any provision of this Act, other than sections 9, 14, 15, 17, 27, 48,

68, 71, 74, 89, 91, 115, 125, 128, 141, 143, 146, 150, 154, 155, 156, 158, 163, 164, 165, 184, 185, 187,

188 and 193 shall, on conviction, be liable to a fine not exceeding K600 or to imprisonment for a term

not exceeding twelve months.

Division C—Arrests and Trials

[Ch7101s190]190. Depositions

(1) Notwithstanding any other written law subject to subsection (2), where—

(a) in the course of any proceedings instituted for the purpose of this Act, the testimony of

any witness is required; and

(b) it is shown that the witness cannot be found in Malawi, any deposition that the witness

has previously made on oath or under solemn affirmation in relation to the same subject matter before

any judge or magistrate in another country or an authorized officer shall be admissible in evidence.

(2) A deposition shall not be admissible—

(a) in any proceedings instituted in Malawi, where the deposition was not made in Malawi;

or

(b) in criminal proceedings, unless the deposition was made in the presence of the accused

or his legal practitioner.

(3) A deposition referred to in subsection (1) shall be deemed to be duly authenticated where it

purports to be signed by the judge, magistrate or authorized officer before whom it was made and

where appropriate, certified by the signatory that the deposition was taken in the presence of the

accused or his legal practitioner.

[Ch7101s191]191. Admissibility of copies of documents

(1) A copy of a document shall be admissible in evidence for the purposes of this Act if it

purports to be signed and certified as a true copy of the officer in whose custody the original document

was entrusted.

(2) Any person who, in Malawi, has custody of a document required as evidence in proceedings

under or connected with this Act shall furnish a certified copy of the document to any interested person

applying for it.

[Ch7101s192]192. Detention of foreign vessels

(1) Where—

(a) a foreign vessel has in or any part of the waters outside Malawi caused damage to

property belonging to the Government or to any statutory or corporate body or to a citizen of Malawi;

or

(b) a claim is made for damages by or on behalf of any person resident in Malawi in respect

of personal injuries, including fatal injuries, against the owner of a foreign vessel,

a judge may, on it being shown to him by any person making an application that the damage or injury

was probably caused by the misconduct or lack of skill of the master or crew of the vessel, issue an order

to detain the vessel whenever the vessel comes within the jurisdiction of Malawi.

(2) Any order of detention of a vessel under this section may be revoked on adequate security

being furnished to the satisfaction of the judge to meet any possible claim against the owner of the

vessel.

[Ch7101s193]193. Enforcement of detention

(1) Where a vessel is, by order of a Judge, detained under this Act, the Judge shall cause an

order to be served on the owner of the vessel and the Chief Surveyor shall be notified of the invocation

of the order.

(2) Any order under subsection (1) may at any time be revoked and the Chief Surveyor shall be

notified of the revocation of the order.

(3) On receipt of an order under subsection (1), or in any case in which the Chief Surveyor may

detain a vessel under this Act, the Chief Surveyor may cause a notice to be served on the master of the

vessel calling upon him not to set sail until the notice is revoked.

(4) The Chief Surveyor shall not issue a port clearance in respect of any vessel in relation to

which a notice under subsection (3) is in force.

(5) The Chief Surveyor and the harbour master may take such steps as they think fit to prevent

any vessel in relation to which a notice under subsection (3) is in force, from setting sail and may for that

purpose place a police officer on board the vessel.

(6) Any police officer who is placed on board a vessel under subsection (5) may take such steps

as he thinks fit to prevent the vessel from setting sail, including the use of force.

(7) Any owner or master of a vessel which sets sail while a notice under subsection (3) is in force

in respect of the vessel shall commit an offence.

[Ch7101s194]194. Arrest without warrant

(1) The Chief Surveyor, or a police officer may arrest, without warrant, any person committing

an offence under this Act.

(2) Where any person is arrested under subsection (1), he shall, as soon as possible after his

arrest, be taken to the nearest Police station.

[Ch7101s195]195. Master’s power of arrest

(1) The master of any Malawi vessel which is sailing may arrest and detain any seaman who

commits an offence on board the vessel where he has reasonable grounds to believe that the arrest is

necessary to prevent serious disorder on board the vessel.

(2) Where a seaman is arrested and detained under subsection (1), the master shall make an

entry to that effect in the official log-book as soon as convenient after the arrest.

[Ch7101s196]196. Offence on board a vessel

Where any person—

(a) who is a Malawi citizen is charged with having committed an offence under any written

law on board any vessel on the inland waterways or in any port or harbour; or

(b) other than a Malawi citizen is charged—

(i) with an offence to which section 192 applies;

(ii) with having committed an offence under any written law on board a Malawi

vessel on the inland waterways or in any port or harbour in Malawi,

that person may be tried in Malawi.

[Ch7101s197]197. Venue of trial and jurisdiction

Notwithstanding any other written law, where any person is charged with an offence which

under this Act is triable in Malawi, the offender shall, unless the Director of Public Prosecutions directs

otherwise, be tried in Magistrate’s Court and the court may impose on the offender any penalty

provided under this Act.

[Ch7101s198]198. Recovery of fines and judgement debts

Without prejudice to any written law relating to the recovery of fines or of judgment debts—

(a) where the owner of a vessel who is convicted of an offence under this Act fails to pay

any fine imposed on him, the amount due may be recovered in the manner a mortgage debt in favour of

the Government in respect of the vessel would have been recovered;

(b) any judgment debt against the owner of a vessel may be recovered in the manner a

mortgage debt in favour of the judgment creditor in respect of the vessel would have been recovered.

[Ch7101s199]199. Service of documents

Where for the purpose of this Act any document is to be served on any person, the document

may be served— Cap. 8:01

(a) in any case, by delivering a copy of the document personally to the person to be served,

or by leaving the document at his last place of abode;

(b) where the document is to be served on the master of a vessel where there is one, or on

a person belonging to a vessel by leaving the document for him on board that vessel with the person

being or appearing to be in command or charge of the vessel;

(c) where the document is to be served on the master of a vessel, where there in no

master, or the owner or agent of the owner of the vessel, and where the owner or the agent of the

owner is not known or cannot be found, by affixing the document to the mast of the vessel;

(d) where the document is to be served on the owner of the vessel, and the owner is not

known or cannot be found, on the agent of the owner and if the latter is not known or cannot be found

by affixing a copy of the document to the mast of the vessel.

PART XIII

MISCELLANEOUS

[Ch7101s200]200. Protection of officers

Any person who acts in the performance of his duties under this Act shall be deemed to be—

(a) a public officer for the purposes of the Civil Procedure (Suits by or against the

Government or Public Officers) Act; or Cap. 6:01

(b) a public servant as defined in section 4 of the Penal Code. Cap. 7:01

[Ch7101s201]201. Return of seaman left behind

Where any foreign vessel sets sail and leaves behind a seaman who is not a Malawi citizen, the

expenses incurred for the repatriation or deportation of the seaman shall be recovered from the owner

of the vessel, or where the owner is not in Malawi from the agent of the owner of the vessel.

[Ch7101s202]202. Port clearances

(1) No vessel shall leave a port in Malawi unless the master of the vessel has obtained within

one hour of the expected time of departure a port clearance from the harbour master on behalf of the

Chief Surveyor.

(2) Where the master of any vessel obtains a port clearance and does not sail within forty-eight

hours thereafter, he shall report to the Chief Surveyor his reasons for not sailing and shall obtain a fresh

port clearance.

(3) The Chief Surveyor shall not issue a port clearance for any vessel—

(a) until the master of the vessel, if so required, produces the certificate of registration of

the vessel;

(b) until the master of the vessel has declared to him the name of the country, where

applicable, to which the vessel belongs;

(c) unless every seaman on board the vessel holds a Continuous Discharge Book; and

(d) where the vessel is to be detained or where an order for the detention of the vessel is in

force.

(4) Where the Chief Surveyor is satisfied that—

(a) any person engaged on board a Malawi vessel;

(b) any Malawi citizen engaged on board a foreign vessel,

has not been paid any wages due to him the Chief Surveyor may refuse to issue a port clearance to the

master of the vessel unless the wages are paid or the owner or master of the vessel furnishes adequate

security, to the satisfaction of the Chief Surveyor for the payment of the wages claimed to be unpaid.

(5) Any master of a vessel which sets sail without a port clearance shall commit an offence and

any owner of the vessel who is privy to the commission of the offence shall commit the like offence.

(6) This section shall not apply to any class of vessel which the Chief Surveyor may exempt from

the operation of this section.

[Ch7101s203]203. Regulations

(1) The Minister may make regulations for giving effect to this Act and, in particular, but without

prejudice to the generality of the foregoing power, such regulations may provide for—

(a) the implementation of international conventions and international regulations relating

to shipping to which Malawi is a party;

(b) prescribing the forms required to be prescribed under this Act;

(c) prescribing the fees and other charges to be paid under this Act;

(d) the control of pollution of inland waters arising from the operation of vessels, mining

and other matters therefor;

(e) designating places or areas of inland waters or land as harbours or ports;

(f) the management, control and safety of any such harbours and of vessels and persons

and cargo within them;

(g) the powers of persons to effect such control; and

(h) anything which is required to be prescribed under the provisions of this Act.

[Ch7101s204]204. Application of labour legislation

(1) The Regulation of Minimum Wages and Conditions of Employment Act and the Employment

Act shall apply to a seaman. Cap. 55:01, Cap. 55:02

(2) For the purposes of determining the daily wages of a seaman engaged on a Malawi vessel,

the monthly wages of the seaman as stipulated in the crew agreement shall be divided by 30.

[Ch7101s205]205. Arrest and seizure

A police officer having reasonable grounds for believing that any person has committed an

offence against this Act and that such person will not attend the court in answer to any process which

may be issued against him may arrest such person without a warrant, and may seize any vessel or object

which may afford evidence of the commission of the offence.

[Ch7101s206]206. Duty to give information

(1) Where any surveyor, registrar, police officer or any other person or member of a class of

persons generally or specially authorized by the Chief Surveyor to exercise the powers conferred by this

section, has reason to suspect that an offence under this Act has been committed by any person on

board a vessel, it shall be lawful for him or for any other surveyor, registrar, police officer or person so

authorized to require the owner of the vessel to give all information in his possession as to the name,

address, description and whereabouts of the master or any other person on board the vessel at the time

of the alleged offence. Any owner failing to give such information shall be guilty of an offence unless he

shows to the satisfaction of the court that—

(a) he did not have the information and could not with reasonable diligence have obtained

it; or

(b) in the case of passengers carried for hire or reward, he did not have the information.

(2) It shall also be lawful for a surveyor, registrar of vessels, police officer or other person

authorized under subsection (1) to require any other person to give such information as aforesaid or any

other information which it is in his power to give and which may lead to the identification of the master

of and any other person on board the vessel, and if the person required to give such information fails to

do so he shall be guilty of an offence unless he shows to the satisfaction of the court that—

(a) he did not have the information and could not with reasonable diligence have obtained

it; and

(b) in the case of passengers carried for hire or reward, he did not have the information.

[Ch7101s207]207. Damage to navigation marks

(1) No person shall wilfully or negligently—

(a) damage any navigation mark; or

(b) remove, alter or destroy any navigation mark; or

(c) ride by, make fast to or run foul of a navigation mark.

(2) The provisions of subsection (1) (b) and (c) shall not apply to any person authorized by the

Chief Surveyor to maintain, repair or remove a navigation mark.

(3) The expenses incurred in repairing or replacing any navigation mark which has been injured,

removed, altered or destroyed in contravention of subsection (1), shall be a debt due to Government

and may be sued for and recovered by civil action in a competent court.

[Ch7101s208]208. Certain provisions as to legal proceedings

(1) In all proceedings for an offence against the provisions of this Act or for the recovery of

damages for injury done by a vessel registered under such provisions, entries in a register of vessels

relating to the vessel in question shall be conclusive evidence that any person registered at any date as

the owner of such vessel was at that date the owner thereof:

Provided that—

(a) the provisions of this subsection shall not have effect so as to prevent any proceedings

or action being taken or instituted against any person not registered as the owner of such vessel who is

beneficially interested therein;

(b) the provisions of this subsection shall not affect the rights of any person registered

under the provisions of this Act as the owner of a vessel against any person not so registered who is

beneficially interested in such vessel; and

(c) the registration of any vessel shall not confer, take away or affect any title to or interest

in such vessel.

(2) For the purposes of proceedings in any court or in any investigation conducted under this Act

a copy or extract from any register or other record of which a registrar is in charge, duly certified as true

by the registrar concerned, shall be receivable in evidence on its mere production by any person and

shall be of like value and effect as the original in the register.

(3) A certificate purporting to have been signed by a person describing himself as a registrar

stating any provision of this Act as to registration of a vessel or as to the competency of a master or

member of a crew has or has not been complied with shall, on its mere production by any person in any

court or in the course of any investigation conducted under this Act, be received as prima facie evidence

of the facts therein stated.

(4) In any proceedings against any person for any contravention of any provision of this Act

relating to the use of any vessel for hire or reward, or to the use thereof for carriage of goods or persons

for hire or reward, the onus of providing that the use of such vessel, or the use thereof for the carriage

of goods or persons, as the case may be, was not for hire or reward, or was otherwise lawful, shall be

upon the party charged.

[Ch7101s209]209. National colours and ensign

(1) The flag of Malawi shall constitute the national colours of a Malawi vessel.

(2) A Malawi vessel shall hoist the national colours on entering or leaving any port in Malawi and

on a signal being made to the vessel by any vessel in the service of Government.

(3) Where a person hoists a Malawi flag on a vessel which is not a Malawi vessel for the purpose

of making the vessel appear to be a Malawi vessel, he shall commit an offence and the vessel shall be

liable to forfeiture under a court order issued under this Act.

(4) Where the owner or master of a Malawi vessel does anything or permits anything to be

done, or carries or permits to be carried any papers or documents with intent—

(a) to conceal the Malawi character of the vessel from any person entitled by any written

law to inquire into such matters;

(b) to deceive any person so entitled; or

(c) to assume a foreign character,

he shall commit an offence and the vessel shall be liable to forfeiture under a court order issued under

this Act.

(5) The Chief Surveyor may prescribe any other ensign of such colours and design as he may

direct which may be worn, in addition to national colours, by such vessels, in such manner and for such

purposes as may be prescribed.

[Ch7101s210]210. Offences and penalties

(1) A person who—

(a) for the purpose of obtaining, whether for himself or for any other person, the issue of a

document under this Act makes a declaration or statement which he knows to be false in any material

particular or does not know or believe to be true, or knowingly makes use of a declaration, statement or

document containing the same;

(b) fraudulently imitates, alters, mutilates, destroys or uses, or fraudulently sells, supplies,

lends or allows to be used by any other person any document issued for the purposes of this Act or

deemed to have been issued hereunder;

(c) wilfully obstructs, hinders or resists any other person in the exercise of his powers or

the carrying out of his duties under the provisions of this Act;

(d) on being required to do so fails or refuses to produce to a surveyor, registrar, police

officer or other person authorized who demands it, any document issued under this Act;

(e) sends or, while in charge or command, takes, upon inland waters any vessel of a class

prescribed under section 65 which is not provided with a competent crew, as prescribed under that

section;

(f) sends or takes or is a party to sending or taking a vessel upon inland waters in such an

unseaworthy state that the life of any person is likely thereby to be endangered;

(g) contravenes or fails to comply with any provision of this Act or any direction or

instruction given under this Act,


(2) Where the master or a member of the crew of a vessel which is registered or should be

registered under this Act by wilful breach of duty or by neglect of duty or by reason of drunkenness—

(a) does any act tending to cause the immediate loss, destruction or serious damage of the

vessel or tending immediately to endanger the life or limb of a person belonging to or on board the

vessel; or

(b) refuses or omits to do any lawful act proper and requisite to be done by him for

preserving the vessel from immediate loss, destruction or serious damage or for preserving any person

belonging to or on board the vessel from immediate danger to life or limb,

he shall commit an offence.

(3) Any person found guilty of an offence under this Act not otherwise provided for shall be

liable—

(a) for an offence under subsection (1) (e), (f), and subsection (2)—

(i) for a first offence to a fine of K400 and to imprisonment for one year; and

(ii) for a second or subsequent offence to a fine of K600 and to imprisonment for

two years;

(b) for an offence not referred to in paragraph (a)—

(i) for a first offence, to a fine of K200 and to imprisonment for three months; and

(ii) for a second or subsequent offence to a fine of K400 and to imprisonment for

six months.

PART XIV

REPEAL AND SAVINGS

[Ch7101s211]211. Repeal and savings

(1) The Inland Waters Shipping Act is repealed.

(2) Any subsidiary legislation made under the Act repealed by subsection (1), in force

immediately before the commencement of this Act—

(a) shall remain in force unless in conflict with this Act and be deemed to be subsidiary

legislation made under this Act; and

(b) may be replaced, amended or repealed by subsidiary legislation made under this Act.

SUBSIDIARY LEGISLATION

DECLARATION OF INLAND WATERS

under s. 23

G.N. 121/1970

The Minister has declared the under-mentioned waters to be inland waters for the purposes of

the Act—

Lake Malawi

Lake Malombe

Lake Chirwa

Upper and Lower Shire River

INLAND WATERS SHIPPING (MASTERS AND CREWS) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Certain vessels to be under the command of a competent master

3. Masters and crews to hold certificates

4. Minister may issue certificates

5. Examinations for certificates

6. Cancellation of certificates

7. Notification of cancellation

Schedules

G.N. 20/1970

279/1971

102/1976

127/1977

126/1983

45/1993

54/2000

30/2006

INLAND WATERS SHIPPING (MASTERS AND CREWS) REGULATIONS

under s. 37

1. Citation

These Regulations may be cited as the inland Waters Shipping (Masters and Crews) Regulations.

2. Certain vessels to be under the command of a competent master

No vessel of five tonnes or more which is used for hire or reward, and is not one of those vessels

referred to in section 3 (3) of the Act, shall be used upon inland waters except under the command or in

the charge of a competent master:

Provided that a vessel of under ten tonnes shall only be required to carry a master if—

(i) the vessel is hired complete with crew; or

(ii) the vessel is used to carry twelve or more passengers.

3. Masters and crews to hold certificates

(1) Subject to subregulation (3), the master of a vessel specified in Part I, II, III, IV or V of the First

Schedule shall hold the certificate respectively specified in the second column of that Part as proof of

the attainment of the necessary standards of competency.

(2) Subject to the provisions of subregulation (3), a power driven vessel specified in Part I, II, III

or IV of the First Schedule shall carry as crew members the persons specified in the first column of that

Part and such members shall hold the certificates specified opposite thereto in the second column of

that Part as proof of the attainment of the necessary standards of competency.

(3) A power-driven vessel—

(a) specified in Part V of the First Schedule which carries more than twelve passengers shall

carry the master and crew prescribed for a vessel respectively specified in Part IV of that Schedule;

(b) specified in Part IV of that Schedule which carries more than twelve passengers shall

carry the master and crew prescribed for a vessel respectively specified in Part III of that Schedule; and

(c) specified in Part III of that Schedule which carries more than twelve passengers shall

carry the master and crew prescribed for a vessel respectively specified in Part II of the Schedule.

4. Minister may issue certificates

The Minister may issue a certificate specified in the Second

Schedule to a person—

(a) who has passed the appropriate examination referred to in regulation 5; or

(b) as to whose competency the Minister is otherwise satisfied in accordance with section

10 (2) of the Act.

5. Examinations for certificates

(1) An examination for a Malawi Masters’ Certificate Class I, II and III, a Malawi Launchmasters’

Certificate, a Malawi Engineers’ Certificate Class I, II and III or a Malawi Engine Attendants’ Certificate

shall be held by persons appointed as examiners by the Minister. G.N. 127/1977

(2) An application to sit an examination referred to in subregulation (1) shall be made to the

Ministry of Transport and communications, Lilongwe.

(3) The fee to sit an examination specified in the first column of the Third Schedule shall be the

fee specified opposite thereto in the second column of that Schedule.

(4) An applicant for an examination shall have the appropriate qualifications set out in the

Fourth Schedule.

(5) The syllabuses for the examinations shall be the syllabuses set out in the Fifth Schedule.

(6) When the applicant has been notified by the Ministry of Transport and Communications of

the name and address of the examiner appointed by the Minister, the applicant shall—

(a) send the fee referred to in subregulation (3) to the examiner; and

(b) satisfy the examiner of his qualifications to sit the examination.

(7) The examiner shall, on receipt of such fee and on being satisfied of the qualifications of the

applicant, notify the applicant of the time and place at which the examination shall be held.

(8) If the applicant passes the examination the examiner shall notify the Minister accordingly.

6. Cancellation of certificates

(1) The Minister may cancel the certificate of a master or member of a crew if such master or

member of a crew—

(a) has been convicted of an offence under section 36 (1)(e) or (f) or under section 36 (2) of

the Act and his appeal, if any, has been abandoned or dismissed; or

(b) has been found to be incompetent or negligent by a formal inquiry held under section

30 of the Act.

(2) When the Minister cancels a certificate under subregulation (1) he may specify a period

during which such master or member of a crew shall be disqualified from being granted a new certificate

and such master or member of a crew shall not be issued with a new certificate until such period

expires.

7. Notification of Cancellation

When the Minister cancels a certificate issued under regulation (4) (b) to a person who is the

holder of a certificate of competency issued by an authority outside Malawi, the Minister shall notify

such authority of the cancellation and the reasons therefor.

FIRST SCHEDULE reg. 3

VESSELS, MASTERS AND CREWS

PART I

Vessels of 600 tons or more

Master or member of crewCertificates1. MasterMalawi Masters’ Certificate Class I2. MateMalawi

Masters’ Certificate Class II3. EngineerMalawi Engineers’ Certificate Class I

PART II

(a) Passenger Vessels of under 600 tons but not under 200 tons

Master or member of crewCertificates1. MasterMalawi Masters’ Certificate Class I2. MateMalawi

Masters’ Certificate Class II3. EngineerMalawi Engineers’ Certificate Class I

(b) Cargo Vessels of under 600 tons but not under 200 tons

Master or member of crewCertificates1. MasterMalawi Masters’ Certificate Class II2. EngineerMalawi

Engineers’ Certificate Class II

PART III

(a) Passenger Vessels of under 200 tons but not under 50 tons

Master or member of crewCertificates1. MasterMalawi Masters’ Certificate Class II2. MateMalawi

Launchmasters’ Certificate3. EngineerMalawi Engineers’ Certificate Class II

(b) Cargo Vessels of under 200 tons but not under 50 tons

Master or member of crewCertificates1. MasterMalawi Masters’ Certificate Class III2. EngineerMalawi

Engineers’ Certificate Class II

PART IV

Vessels of under 50 tons but not under 10 tons

Master or member of crewCertificates1. MasterMalawi Launchmasters’ Certificate2. EngineerMalawi

Engine Attendants’ Certificate

PART V

Vessel of under 10 tons but not under 5 tons

Master or member of crewCertificatesMasterMalawi Launchmasters’ Certificate

SECOND SCHEDULE

CERTIFICATES ISSUED BY THE MINISTER

(1) Malawi Masters’ Certificate Class I

(2) Malawi Masters’ Certificate Class II

(3) Malawi Masters’ Certificate Class III

(4) Malawi Engineers’ Certificate Class I

(5) Malawi Engineers’ Certificate Class II

(6) Malawi Engineers’ Certificate Class III

(7) Malawi Launchmasters’ Certificate

(8) Malawi Engine Attendants’ Certificate

THIRD SCHEDULE reg. 2, G.N. 126/1983, 45/1993, 54/2000, 30/2006

FEES FOR EXAMINATION AND FOR ISSUE OF CERTIFICATE

PART I

Fees PayableK tFor sitting an examination for—1. Malawi Master’s Certificate Class I 15,000002.Malawi

Master’s Certificate Class II12,000003.Malawi Master’s Certificate Class III 10,000004.Malawi Master’s

Certificate Class IV 8,000005.Marine Engineer’s Certificate Class I 15,000006.Marine Engineer’s

Certificate Class II12,000007.Marine Engineer’s Certificate Class III10,000008.Marine Engineer’s

Certificate Class IV8,00000

PART II

For the issue of Certificate for any of the examinations Specified in Part I—1.Original

Certificate2,000002.Duplicate Certificate 5,00000

PART III

For re-sitting examinations for any number of subjects—1.Master’s and Engineer’s Class I

7,000002.Master’s and Engineer’s Class II 5,500003.Master’s and Engineer’s Class III 4,500004.Master’s

and Engineer’s Class IV3,50000

PART IV

For the issue of Discharge Book—1.Original Discharge Book5,000002.Duplicate Discharge Book6,00000

FOURTH SCHEDULE reg. 5

QUALIFICATIONS

1. Malawi Masters’ Certificate Class II

An applicant shall—

(a) be at least twenty-one years of age;

(b) be in possession of a Malawi Masters’ Certificate Class III;

(c) have served for at least one year as master of a vessel specified in Part III (b) of the First

Schedule or as a watchkeeping officer of a vessel specified in Part I or Part II of the First Schedule; and

(d) produce references from at least two masters under whom he has served as to his good

conduct, sobriety and ability.

2. Malawi Masters Certificate Class III



(b) produce proof that he has attained Standard VIII education;

(c) be in possession of a Malawi Launchmasters’ Certificate;

(d) have served a minimum of three years as a Launchmaster or; with this qualification, as a

mate of a vessel specified in Part III of the First Schedule or watchkeeping officer of a vessel specified in

Part I or II of that Schedule;

(e) hold a first-aid certificate approved by the examiner;

(f) produce a reference as to his good conduct and sobriety.

3. Malawi Launchmasters’ Certificate


(a) produce proof that he has attained Standard VIII education or such lower standard as

the examiner may approve;

(b) have served four years as an apprentice or deck hand in any capacity up to boatswain:

Provided that where an applicant has successfully completed one or more years of training in

seamanship in a training course approved by the Minister, each such year shall, for the purpose of this

sub-item, be deemed to be two years apprentice or deck-hand service, as the case may be. G.N.

102/1976

4. Malawi Engineers’ Certificate Class II



(b) be in possession of a Malawi Engineers’ Certificate Class III;

(c) have served for at least two years on main engine watches of a vessel specified in Part I,

II or III of the First Schedule, whilst in possession of a Malawi Engineers’ Certificate Class III; and

(d) produce a reference as to his good conduct and sobriety.

5. Malawi Engineers’ Certificate Class III



(b) be a diesel fitter in possession of a National Trade Test Certificate Grade I;

(c) have served for at least one year on main engine watches of a vessel specified in Part I,

II or III of the First Schedule, as a diesel fitter in possession of a National Trade Test Certificate Grade I;

and

(d) produce a reference as to his good conduct and sobriety.

6. Malawi Engine Attendants’ Certificate


(a) produce proof that he has attained Standard VIII education or such lower standard as

the examiner may approve;

(b) have—

(i) either served as an engineer apprentice or worked in a workshop where engines

are made or repaired, for a period of two years; or

(ii) made up this time by service in a dock or ship’s engine room, such time to count

as two-thirds; or

(iii) served four years on main engines watches;

(c) produce a reference as to his good conduct and sobriety.

FIFTH SCHEDULE reg. 5

SYLLABUSES

1. Malawi Masters’ Certificate Class II


(a) be able to read and write English;

(b) pass a sight test, colour test and an ophthalmic examination by a medical officer;

(c) know in detail the collision regulations as laid down in the Inland Waters Shipping

(Navigation) Regulations;

(d) have knowledge of the compass, the principles on which it works and be able to

construct deviation table;

(e) be able to navigate by chart and compile compass bearings and have a functional

knowledge of and be able to apply all navigational instruments, including radio telephone, radar and

echo sounders, in use on Lake Malawi;

(f) be able to read the marks on a lead-line and to use the lead on any particular area of

inland water;

(g) have a sound knowledge of local signals and such knowledge of the International Code

of Signals as may, in the opinion of the examiner, be necessary for him to know them;

(h) understand the general principles of cargo storage and handling;

(i) have a knowledge of wind and weather conditions expected on the lake;

(j) have a knowledge of ship stability and be able to plan the loading of a ship with respect

to the safety of the vessel;

(k) have a general knowledge of the requirements laid down in the Inland Waters Shipping

Act; and

(l) be able to answer oral questions on any of the above subjects and in particular on—

(i) theoretical and practical seamanship; and

(ii) fire fighting and life saving equipment.

2. Malawi Masters’ Certificate Class III



(b) have a knowledge of the Rule of the Road, the compass and the principles on which the

compass works;

(c) pass a sight and colour test;

(d) be able to take a bearing by compass and lay a position and course off on a chart;

(e) be able to read a chart;

(f) have a knowledge of the marks on a lead-line and the use of lead on any particular area

of inland water;

(g) have a knowledge of the International Code of Signals in so far as, in the opinion of the

examiner, it is necessary for him to know them, and of local signals;

(h) know how to moor and unmoor a vessel, keep clear anchor and how to carry out an

anchor;

(i) be able to manage a small motor vessel in rough weather on a lake;

(j) be able to describe the effect produced on the direction of the ship’s head by going

ahead or astern, with a right or left handed screw, when the rudder is ported or starboarded;

(k) be able to rig a sea anchor;

(l) be able to manage a ship’s boat in rough sea;

(m) have a knowledge of dunnaging and stowing cargo;

(n) have a knowledge of the winds and weather generally on a lake;

(o) be able to answer questions also on—

(i) seamanship, both theoretical and practical;

(ii) such matters as fire fighting, accidents and life saving equipment.

3. Malawi Launchmasters’ Certificate



(b) pass a sight and colour test;

(c) have a knowledge of first-aid;

(d) have a knowledge of the Rule of the Road;

(e) be able to handle launches and boats;

(f) answer questions in regard to seamanship and be able to knot and splice ropes and

wires;

(g) answer questions on fire fighting, accidents and life saving;

(h) be able to read and understand the compass and answer questions on local pilotage;

(i) have a knowledge of the winds and weather generally on a lake;

(j) have a knowledge of dunnaging and stowing cargo;

(k) be able to read a chart and lay a position and course off on a chart.

4. Malawi Engineers’ Certificate Class II

An applicant for a Motor Certificate shall—


(b) describe how to start up an engine by hand, by air and by electric starter and the

precautions to be taken and the reasons for taking them;

(c) describe how to take over watch-keeping duties on a motorship and what things to be

especially careful to check before assuming responsibility;

(d) state the procedure to adopt if an engine will not start and state what action should be

taken if an engine is running under load and the lubrication oil pressure falls suddenly;

(e) state what precautions should be taken against fire in the engine room and describe

how to deal with any fire that did start and one type of chemical fire extinguisher;

(f) describe how to prepare an engine for a complete survey and detail the points to check

for the information of the surveyor;

(g) describe with the aid of sketches any of the following—

(i) starting air bottle;

(ii) lubricating oil pump;

(iii) fuel pump;

(iv) starter motor and electric battery;

(v) scavenge pump;

(vi) fuel injector;

(h) describe with the aid of sketches the following instruments, stating clearly what they

are used for and the safe working limits where applicable—

(i) pressure gauge;

(ii) pyrometer;

(iii) voltmeter;

(iv) thermometer;

(v) ammeter;

(vi) battery hydrometer;

(i) state the essential differences between a petrol and a diesel engine and how the fuel is

utilized in both types of engine, describing two-stroke and four-stroke cycles in both cases;

(j) describe an electric generator and how it produces electricity and, with the aid of

sketches, the general layout of a main switchboard, stating how an “earth” should be dealt with;

(k) sketch and describe the timing on any four-stroke engine, showing where the valves are

stituated;

(l) assuming an engine breakdown, produce a properly dimensioned drawing of an engine

part so that a workshop can make this part. The following is a list of parts which may be asked for—

(i) bottom end bolt;

(ii) cylinder cover stud;

(iii) shaft coupling bolt;

(iv) gudgeon pin;

(v) relief valve spring;

(vi) pump spindle;

(m) sketch and describe the fuel lines, tanks, etc., of a typical engine room, showing clearly

all necessary fittings and tracing the path of the fuel oil from bunkers to injector and state how to clear

air locks from any part of the system.

An applicant must be able to answer all questions verbally and must be prepared to answer a

written paper for which two hours is allowed. The paper will be set within the framework of the above

questions. Question (d) is a failing question if not answered correctly.

5. Malawi Engineers’ Certificate Class III

An applicant for a Motor Certificate shall—


(b) describe how to start up an engine by hand, by air and by electric starter and the

precautions to be taken and the reasons for taking them;

(c) describe how to take over watch-keeping duties on a motorship and what things to be

carefully checked before taking over such duties;

(d) state the procedure to adopt if an engine does not start and what action should be

taken if an engine is running under load and the lubrication oil pressure falls suddenly;

(e) state what precautions should be taken against fire in the engine room and describe

how to deal with a fire that has started and how to operate a chemical fire extinguisher;

(f) describe how to prepare an engine for a complete survey and detail the points to check

for the information of the surveyor;

(g) describe with the aid of sketches any of the following—

(i) starting air bottle;

(ii) lubricating oil pump;

(iii) fuel pump;

(iv) starter motor and electric battery;

(v) scavenge pump;

(vi) fuel injector;

(h) describe with the aid of sketches the following instruments, stating clearly what they

are used for and the safe working limits where applicable—

(i) pressure gauge;

(ii) pyrometer;

(iii) voltmeter;

(iv) thermometer;

(v) ammeter;

(vi) battery hydrometer;

(i) state the essential differences between a petrol engine and a diesel engine and how the

fuel is utilized in both types of engine, describing two-stroke and four-stroke cycles in both cases;

(j) describe an electric generator and how it produces electricity and, with the aid of

sketches, describe the general layout of a main switchboard, stating how an “earth” should be dealt

with;

(k) sketch and describe the timing on any four-stroke engine, showing where the valves are

situated.

NOTE: Examination for this Certificate will be oral and a general knowledge of (a) to (j) is

sufficient.

6. Malawi Engine Attendants’ Certificate


(a) be able to read a fuel tank indicator and estimate how many hours the fuel on board will

carry the launch in good weather;

(b) be able to read intelligently all the gauges, and the engine room telegraph if one is

provided and be able to stop, start and reverse the engine;

(c) be able to name the principal parts of the engine;

(d) be able to change an injector;

(e) understand how to clean and clear a bilge pipe or strum and know where all bilge

strums are located;

(f) be able to top up a battery;

(g) be able to take a simple deck bilge pump apart and reassemble it;

(h) name all ship’s side, inlet and outlet pipes, and the purpose of each valve on these pipes

where fitted;

(i) know the correct procedure to follow in the case of a hot intermediate shaft bearing

and a hot stern gland;

(j) know how to use a fire extinguisher;

(k) understand the necessity of obeying orders from the helmsman on deck quickly and

correctly, the danger of naked lights in the engine room or the fuel stowage spaces, and that the

greasing or oiling of the wheel, rudder lines and pulleys is his concern;

(l) know the correct procedure to follow in the case of the lubricating oil pressure falling

below the safe minimum pressure and of a failure of the cooling water;

(m) know the correct procedure to follow when preparing to start an engine and the checks

to make after starting an engine.

INLAND WATERS SHIPPING (TONNAGE AND DIMENSIONS) REGULATIONS


REGULATION

1. Citation

2. Interpretation

3. Manner of ascertaining tonnage and dimensions

4. Tonnage of vessels re-assembled in Malawi

5. Builders to supply information

Schedule

G.N. 21/1970

1/1982

INLAND WATERS SHIPPING (TONNAGE AND DIMENSIONS) REGULATIONS

under s. 37

1. Citation

These Regulation may be cited as the Inland Waters Shipping (Tonnage and Dimensions)

Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“decked vessel” means a vessel which is decked in to the extent of her overall length;

“half-decked vessel” means a vessel which is not an open vessel nor a decked vessel;

“open vessel” means a vessel which is not decked in at the forward end to the extent of one-

third of her overall length.

3. Manner of ascertaining tonnage and dimensions

(1) The tonnage of a vessel shall be determined— G.N. 1/1982

(a) in the case of a steel or aluminium vessel, by applying the formula—

(breadth + girth)2 × length × 0.018;

(b) in the case of a wooden or reinforced plastic vessel by applying the formula—

(breadth + girth)2 × length × 0.016,

the breadth, girth and length being expressed in metres taken to the nearest 0.01 metre.

(2) For the purpose of assessing the dimensions of a vessel all calculations shall be made by the

methods set out in the Schedule.

4. Tonnage of vessels re-assembled in Malawi

The tonnage of a vessel built outside Malawi and reassembled in Malawi shall be the gross

tonnage as determined by the builders.

5. Builders to supply information

The builders of any vessel shall, if called upon to do so by a surveyor, supply such information as

may be necessary for the purpose of measuring the dimensions and tonnage of a vessel.

SCHEDULE reg. 3 (2)

METHODS OF ASSESSING DIMENSIONS OF A VESSEL

1. Length

The length of a vessel shall be measured from the forward edge of the stem along the centre

line of the uppermost continuous deck to the outer edge of the plating or planking attached to that deck

at the stern. In the case of vessels having a pointed stern the length shall be measured from the forward

edge of the stem to the aftermost edge of the stern post, and in the case of vessels having a transom

(that is a square stern) the length shall be measured from the forward edge of the stem to the outer

edge of the transom plating or planking.

2. Breadth

The breadth of a vessel shall be measured from the outer edge of the hull plating or planking on

one side where it is attached to the uppermost continuous deck, to the outer edge of the hull plating or

planking on the other side, such measurement being made at the point of midlength of the vessel. In the

case of half-decked vessels the breadth shall be measured between the outer edges of the hull plating

or planking where attached to the half-deck at the point of mid-length, and in the case of open vessels

the breadth shall be measured between the outer edges of the hull plating or planking at the gunwale

and at the point of mid-length.

3. Girth

The girth of a vessel shall be measured by marking on both sides of the vessel the height of the

uppermost continuous deck at the point of mid-length, then by measuring from the mark on one side

downwards in a direction perpendicular to the keel, across the bottom plating and up to the mark on

the other side. This measurement should not take in such projections as rolling chocks (bilge keels) and

bar keels. In the case of open and half-decked vessels the measurement shall be taken in a similar

manner between the gunwales or the height of the half-deck.

4. Depth

The depth of a vessel shall be measured from the top of the keel to the underside of the deck

planting or planking of the uppermost continuous deck at the point of mid-length. In the case of open or

half-decked vessel it shall be measured from the top of the keel to a straight line drown between the

gunwales or half-deck on each side at the point of mid-length.

5. Measurement of open vessels

In ascertaining the dimensions of open vessels the upper edge of the upper strake is to form the

boundary line of measurement, and the depth shall be taken from an athwart ship line extended from

upper edge to upper edge at the point of mid-length of the vessel.

INLAND WATERS SHIPPING (HARBOURS) REGULATIONS


REGULATION

1. Citation

2. Interpretation

PART I

POWERS OF HARBOUR MASTER

3. Powers of harbour master in a harbour

4. Exercise of powers of harbour master by assistants

PART II

CONTROL OF VESSELS IN HARBOURS

5. Vessels arriving from any port outside Malawi

6. Berthing and movement within harbour

7. Ship’s moorings

8. Use of buoys and marks in harbour

9. Displaced moorings

10. Speed in harbour

11. Small craft to give way

12. Explosives, etc.

13. Provision of a gangway

13A. Berthing fees

PART III

LOADING OR UNLOADING CARGOES

14. Manifest of cargo

15. Shipping of goods and documents

16. Charges to be prepaid

16A. Fees for loading or unloading cargo

17. Storage of goods

17A. Storage fees

PART IV

GENERAL

18. Warehouses

19. Trespassers

20. Entrance to harbour

21. Fire fighting operations

22. Animals

23. Objects dangerous to shipping

24. Vessels carrying inflammable material

25. Smoking prohibited

26. Guns and explosives

27. Divers

28. Offences and penalties.

G.N. 22/1970

2/1982

48/1993

48/1995

92/1996

51/2000

28/2006

INLAND WATERS SHIPPING (HARBOURS) REGULATIONS

under s. 37

1. Citation and application

These Regulations may be cited as the Inland Waters Shipping (Harbours) Regulations and shall

apply to all vessels within any harbour designated by the Minister under section 37 (3) of the Act.

2. Interpretation

In these Regulations, unless the context otherwise requires— G.N. 2/1982

“explosive” means any substance which is used or manufactured to produce an explosion or a

pyrotechnic effect, or any fuse, detonator or cartridge;

“harbour master” means a person appointed by the General Manager, Malawi Railways Limited

to administer and manage a harbour;

“small craft” means a vessel under 7.5 meters overall length, a dugout canoe or a dhow;

“warehouse” includes any building, place, vessel or vehicle used in a harbour for the purpose of

warehousing or depositing goods.

PART I

POWERS OF HARBOUR MASTER

3. Powers of harbour master in a harbour

(1) All persons within a harbour shall comply with such directions of the harbour master, such

officer may do or cause to the purpose of carrying into effect the provisions of these Regulations.

(2) In the case of refusal or neglect to comply with the directions of the harbour master, such

officer may do or cause to be done all acts necessary for the purpose of carrying such directions into

effect, and all reasonable expenses incurred in his doing such acts may be recovered from the person

refusing or neglecting to obey such directions.

(3) A harbour master may direct any person within the harbour to leave such harbour.

(4) A harbour master may, in cases of necessity, cut or cause to be cut any rope, warp, cable or

hawser endangering the safety of any vessel in the harbour.

(5) A harbour master may order the removal of any object in the harbour which, in his opinion,

obstructs or impedes the use of, or work in, any part of such harbour.

(6) A harbour master shall set aside in the harbour a place where vessels may be repaired and

small craft may be beached, and no person shall repair a vessel or beach a small craft in any place

outside the place set aside by such officer for repairs or beaching without the permission of the harbour

master.

(7) A harbour master shall set aside places where vehicles may be parked, and no person shall

park a vehicle in a place outside the places set aside for parking without the permission of the harbour

master.

(8) A harbour master may close or impose conditions upon the use of any road, wharf, jetty,

quay or warehouse or any part thereof within the harbour.

4. Exercise of powers of harbour masters by assistants

All acts or directions authorized by the Act or these Regulations to be done or given by a

harbour master may, subject to his control, be done or given by his deputy or assistant.

PART II

CONTROL OF VESSELS IN HARBOURS

5. Vessels arriving from any port outside Malawi

(1) Every vessel arriving in a harbour from a port outside Malawi shall report to the harbour

master within twenty-four hours of arrival.

(2) The owners or agents of a vessel proposing to call at a harbour for the purpose of loading or

unloading cargo shall, at least twenty-four hours before the arrival of such vessel, give notice to the

harbour master of the expected date and time of arrival of such vessel and particulars of the nature and

quantity of cargo to be loaded or unloaded.

6. Berthing and movement within harbour

Every vessel shall occupy the berth assigned to her by the harbour master and shall move to any

other berth if directed to do so by the harbour master.

7. Ship’s moorings

(1) Ropes shall only be made fast to dolphins, rings, buoys, mooring posts or bollards provided

for the purpose, and no wire rope shall be used unless there is proper protection from chafe to the

satisfaction of the harbour master.

(2) Chain cables shall only be used for mooring alongside a wharf or jetty with the permission of

the harbour master.

8. Use of buoys and marks in harbour

(1) A vessel shall not use buoys which are the property of the Malawi Railways Ltd. without the

permission of the harbour master.

(2) No buoys shall be laid down and no leading marks shall be erected within a harbour area

without the permission of the harbour master.

9. Displaced moorings

(1) Where a mooring buoy has been dragged from its position or damaged by a vessel the

master or owner of such vessel shall bear the cost of replacing it.

(2) The master of a vessel which hooks or fouls a mooring buoy which is the property of the

Malawi Railways Ltd. shall not, except in case of necessity, lift such buoy for the purpose of unhooking

or getting clear but shall immediately report the occurrence to the harbour master and await his

directions.

10. Speed in harbour

No vessel shall proceed at a speed of more than five knots within a harbour.

11. Small craft to give way

Small craft within a harbour shall at all times make way for— G.N. 2/1982

(a) vessels of 15 metres or more in length which are under way; or

(b) vessels engaged in towing.

12. Explosives etc.

(1) Notice in writing of the arrival of a vessel carrying explosives or inflammable cargo shall be

given by the agent of such vessel to the harbour master before her arrival or by the master of such

vessel immediately on her arrival. G.N. 2/1982

(2) The International Code Flag “B” shall be displayed conspicuously in a vessel carrying

explosives or inflammable cargo and shall be kept displayed—

(a) until such cargo is unloaded; or

(b) if such cargo is being loaded, until such time as she leaves harbour.

(3) No explosives or inflammable cargo shall be loaded or unloaded—

(a) without the permission of the harbour master; or

(b) at a time and place other than the time and place appointed by the harbour master.

(4) Notwithstanding anything contained in this regulation, a vessel carrying explosives or

inflammable cargo which—

(a) weighs less than 20 kilograms; and

(b) is packed in a magazine or container designed for the carriage of such cargo,

needs not comply with this regulation.

13. Provision of a gangway

(1) The master of a vessel of 50 tons or more at anchor or berthed in a harbour shall provide a

safe and proper gangway so arranged as to admit of free and safe passage to and from the vessel.

(2) The master of a vessel referred to in subregulation (1) shall place a life-buoy with line

attached near each gangway and at night shall attach a light to such life-buoy.

(3) In the case of a vessel at anchor embarking or disembarking passengers the gangway shall be

provided with a guestwarp.

[SubL7101s1-INLAND WATERS SHIPPING (HARBOURS) REGULATIONS-13A]13A. Berthing fees

There shall be paid for berthing any vessel at a harbour the fees set out in Part I of the

Schedule. G.N. 48/1993

PART III

LOADING OR UNLOADING OF CARGOES

14. Manifest of Cargo

(1) The master or a vessel, if required to do so by the harbour master, shall, within twenty-four

hours of the vessel’s arrival in a harbour, deliver to such officer a copy in duplicate of the manifest of

report of cargo inwards giving detailed weights or measurements of such cargo.

15. Shipping of goods and documents

(1) A harbour master may require a person desiring to ship goods to deliver to a place appointed

by the harbour master and during working hours consignment notes specifying the respective marks or

numbers on the packages or articles to be shipped, their number, description and weight, the name and

address of the consignee and the port of destination.

(2) A person dispatching goods shall deposit such goods at the places directed by the harbour

master.

16. Changes to be prepaid

(1) The appropriate charges payable to a harbour master upon goods to be landed, shipped,

trans-shipped, stored or warehoused shall be paid or sufficient security furnished for their payment

before orders will be given for their shipment, delivery or forwarding.

(2) A harbour master may prevent the removal of any goods if the appropriate charges payable

by the consignee are unpaid.

(3) The appropriate charges shall be collected by the harbour master on all cargo loaded or

unloaded within a harbour.

[SubL7101s1-INLAND WATERS SHIPPING (HARBOURS) REGULATIONS-16A]16A. Fees for loading, or

unloading cargo

There shall be paid for loading or unloading cargo the fees set out in Part II of the Schedule. G.N.

48/1993

17. Storage of goods

(1) Goods for shipment or collection shall be stored at the places directed by the harbour

master.

(2) The harbour master may refuse to store any goods because—

(a) of their size;

(b) of the way in which they are packed;

(c) he considers that they are dangerous or harmful; or

(d) the appropriate charges have not been paid.

(3) The storage of goods shall be at the risk of the owner of such goods.

[SubL7101s1-INLAND WATERS SHIPPING (HARBOURS) REGULATIONS-17A]17A. Storage fees

(1) Subject to subregulation (2), there shall be paid for storage or warehousing of cargo the fees

set out in Part III of the Schedule. G.N. 48/1993

PART IV

GENERAL

18. Warehouses

No person shall enter a warehouse except for the purpose of collecting or depositing goods or

any matter connected therewith without the permission of the person in charge of such warehouse.

19. Trespassers

No person shall climb upon the roof of any shed or upon any crane, lighthouse, signal station or

navigation mark or cut or remove any timber, wood, vegetation or growth or remove any sand, stone,

ballast or shingle in or from a harbour without the permission of the harbour master.

20. Entrance to harbour

No person entering or leaving a harbour shall do so except through the harbour entrances or

exits provided for the purpose, except in emergency.

21. Fire fighting operations

No person in a harbour shall disregard the directions of a police officer or the harbour master in

the event of an outbreak of fire or obstruct or in any way interfere with the fire fighting operations.

22. Animals

The owner or person in-charge of an animal shall ensure that such animal is properly secured at

all times when it is within a harbour.

23. Objects dangerous to shipping

(1) No person shall place any object likely to be a danger to vessels in the waters of a harbour.

(2) If an object likely to be a danger to vessels falls into the water from a vessel in the harbour

the master or person in-charge of such vessel shall recover such object from the water or, if he is unable

to do so, shall notify the harbour master immediately of the location of such object.

24. Vessels carrying inflammable material

No person shall smoke or use a naked light in the hold or near an open hatch, of a vessel

carrying, loading or unloading any inflammable cargo or explosives, the loading or unloading of which

shall be subject to any restrictions imposed by the master of such vessel and the harbour master.

25. Smoking prohibited

No person shall smoke within a shed or within any part of a harbour where no smoking notices

are exhibited.

26. Guns and explosives

No person shall fire a gun or rocket or cause an explosion in a harbour without the permission

of the harbour master.

27. Divers

No diver shall work within a harbour without the permission of the harbour master.


Any person who contravenes or fails to comply with any of the provisions of these Regulations

shall be liable to a fine of K50.

SCHEDULE G.N. 48/1995, 92/1996, 51/2000, 28/2006

PART I

BERTHING FEES

Length of VesselFees per day or part thereofK t1.Where the length of vessel does not exceed 20 metres

1,000002.Where the length exceeds 20 metres but does not exceed 40 metres1,800 003.Where the

length exceeds 40 metres but does not exceed 60 metres2,000 004.Where the length exceeds 60 metres

3,00000

PART II

FEES FOR LOADING OR UNLOADING CARGO

1.Stevedoring—(a)per tonne or part thereof for weight cargo50000(b) per cubic metre or part thereof

for volume cargo 250002.Gantry Crane—(a)per Forty Equivalent Unit (FEU) container 2,00000(b)per

Twenty Equivalent Unit (TEU) container 3,00000(c)per move of any other cargo2,000003.Mobile

Crane—per hour or part thereof 2,000 004.Fork-lift, tractor or trailer—per hour or part thereof 1,50000

PART III

STORAGE FEES

1.Covered storage—(a)per tonne per day or part thereof for weight cargo 25000(b)per cubic metre per

day or part thereof for volume cargo200002.Open storage—(a)per tonne per day or part thereof for

weight cargo15000(b)per cubic metre per day or part thereof15000

PART IV

VISITING FEES

Per person per visit20,00000

PART V

HIRING CHARGES

Per day (client’s fuel)–(a)per 20 tonne mobile crane60,00000(b)per 5 tonne mobile

crane15,00000(c)fork-lift truck12,000 00(d)tractor and trailer20,00000(e)ellicott

dredger60,00000(f)tractor12,00000

PART VI

SUPPLY OF ELECTRICITY AND WATER

1.Supply of electricity to ships and other containers within the harbour area—(a)single phase—Kt(i)fixed

charge, per month1,50000(ii) charge per KWh 2,00000(b)three phase—(i)fixed charge, per month 3,000

00(ii)charge per KWh15002.Supply of fresh water, per litre1200

INLAND WATERS SHIPPING (NAVIGATION) REGULATIONS


REGULATION


2. Interpretation

PART I

PRELIMINARY

3. Manner, etc., of showing lights

4. Duties of masters in respect of lights, etc.

PART II

LIGHTS AND SHAPES

5. Navigation lights to be carried by certain power driven vessels

6. Navigation lights and shapes to be carried by vessels engaged in fishing

7. [Deleted by G.N. 158/1972]

8. Towing lights and shapes

9. Lights for vessels at anchor

10. Lights and shapes for vessels not under control

PART III

SOUND SIGNAL AND CONTACT IN RESTRICTED VISIBILITY

11. Action to avoid collisions at sea

12. Sound signals

13. Conduct in restricted visibility

PART IV

STEERING AND SAILING REGULATIONS

14. General observance of good seamanship

15. Two sailing ships approaching each other

16. Power driven vessels meeting end on

17. Power driven vessels crossing

18. Power driven vessels and sailing vessels

19. Emergency action

20. Action to keep out of way

21. Vessels overtaking

22. Navigating channels

23. Keeping clear of vessels engaged in fishing

PART V

SOUND SIGNALS FOR VESSELS IN SIGHT OF ONE ANOTHER

24. Sound signals

PART VI

MISCELLANEOUS

25. Consequences of neglect

26. Reservation in respect of harbours and rivers

27. Distress signals

28. Navigational aids

29. Reporting of shipping casualties

30. Notices to Mariners

Schedules

G.N. 42/1970

158/1972

3/1982

INLAND WATERS SHIPPING (NAVIGATION) REGULATIONS

under s. 37

PART I

PRELIMINARY


These Regulations may be cited as the Inland Waters Shipping (Navigation) Regulations, and

shall apply to all vessels used on inland waters except as provided in regulation 26.

2. Interpretation

(1) In these Regulations, unless the context otherwise requires—

“engaged in fishing” means fishing with nets, lines or trawls, but does not include fishing with

trolling lines;

“height above the hull” means height above the top of the uppermost continuous strake or

gunwale;

“power driven vessel” means any vessel propelled by machinery:

Provided that—

(i) a power driven vessel which is under sail and not under power shall be deemed to be a

sailing vessel; and

(ii) every vessel under power, whether or not under sail as well shall be deemed to be a

power driven vessel;

“prolonged blast” means a blast of from four to six seconds duration;

“short blast” means a blast of about one second’s duration;

“under way” in relation to a vessel means when the vessel is not at anchor, or made fast to the

shore, or aground;

“visible”, when applied to lights, means visible on a dark night with a clear atmosphere;

“whistle” includes a siren.

(2) For the purposes of these Regulations vessels shall be deemed to be in sight of one another

only when one can be observed visually from the other.

3. Manner, etc., of showing lights

(1) The provisions of these Regulations relating to lights shall be complied with in all weathers

from sunset to sunrise and shall also be complied with from sunrise to sunset in restricted visibility.

(2) Subject to subregulation (3), the only lights other than the lights prescribed in these

Regulations which a vessel shall display shall be lights which cannot be mistaken for and which do not

impair the visibility or distinctive character of such prescribed lights.

(3) No vessel shall display red or green lights in any manner other than in the manner prescribed

in these Regulations.

4. Duties of masters in respect of lights, etc.

The master or person in charge of a vessel shall cause—

(a) the lights and shapes prescribed in these Regulations to be displayed;

(b) the signals prescribed in these Regulations to be given; and

(c) the actions prescribed in these Regulations to be taken, in the vessel under his

command or in his charge and shall cause a proper lookout to be kept at all times in such vessel.

PART II

LIGHTS AND SHAPES

5. Navigation lights to be carried by certain power driven vessels

—(1) When under way a power driven vessel of 30 metres or more overall length shall carry—

G.N. 3/1982

(a) on or in front of the foremast, or, in the case of a vessel without a foremast, in the

forepart of the vessel, at a height above the hull of not less than 6 metres, a bright white light so

constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass (225

degrees) on each side of the vessel, that is, from right ahead to 2 points (22 ½ degrees) abaft the beam

on either side, and of such a character as to be visible at a distance of at least five miles;

(b) on the starboard side a green light so constructed as to show an unbroken light over an

arc of the horizon of 10 points of the compass (112 ½ degrees) so fixed as to show the light from right

ahead to 2 points (22 ½ degrees) abaft the beam on the starboard side, and of such a character as to be

visible at a distance of at least two miles;

(c) on the port side, a red light so constructed as to show an unbroken light over an arc of

the horizon of 10 points of the compass (112 ½ degrees), so fixed as to show the light from right ahead

to 2 points (22 ½ degrees) abaft the beam on the port side, and of such a character as to be visible at a

distance of at least two miles;

(d) at her stern a white light carried as nearly as practicable on the same level as the side

lights, so constructed that it shall show an unbroken light over an arc of the horizon of 12 points of the

compass (135 degrees) and so fixed as to show the light 6 points (67 ½ degrees) from right abaft on each

side of the vessel, and of such a character as to be visible at a distance of two miles.

(2) The green and red sidelights referred to in subregulation (1) (b) and (c) shall be fitted with

inboard screens projecting at least 900 millimetres forward from the light, so as to prevent these lights

from being seen across the bows.

(3) When under way, a power driven vessel of 7.5 metres or more but less than 30 metres

overall length shall carry—

(a) in the forepart of the vessel, where it can best be seen, and at a height above the

gunwale of not less than 2.7 metres, a white light constructed and fixed as provided in subregulation (1)

(a) and of such a character as to be visible at a distance of at least 3 miles;

(b) green and red sidelights constructed and fixed as provided in subregulation (1) (b) and

(c) and subregulation (2) and of such a character as to be visible a distance of at least one mile, or a

combined lantern showing a green light and a red light from right ahead to 2 points (22 ½ degrees) abaft

the beam on the starboard and port sides respectively, such lantern to be carried not less than 900

millimetres below the white light; and

(c) at her stern a white light, constructed and fixed as provided in subregulation (1) (d) and

of similar character:Provided that if it is not possible on account of bad weather or other sufficient cause

for this light to be fixed, an electric torch or a lighted lantern showing a white light shall be kept at hand

ready for use and shall on the approach of an overtaking vessel, be shown in sufficient time to prevent

collision.

(4) A sailing vessel under way, and any vessel being towed, shall carry the same red and green

lights as are prescribed in subregulation (1) (b) and (c) and subregulation (2), and shall also carry a stern

light as prescribed in subregulation (1) (d):

Provided that a towed vessel, other than the last vessel of the tow, shall carry in lieu of such

stern light, a small white light as described in regulation 8 (2).

(5) A vessel being pushed ahead shall carry, at the forward end, on the starboard side a green

light and on the port side a red light, which shall have the same characteristics as the lights prescribed in

subregulation (1) (b) and (c) and subregulation (2):

Provided that any number of vessels pushed ahead in a group shall be lighted as one vessel.

(6)(a) When it is not possible on account of bad weather or other sufficient cause to fix the

green and red lights prescribed, these lights shall be kept at hand, lighted and ready for immediate use,

and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time

to prevent collision, in such manner as to make them most visible, and so that the green light shall not

be seen on the port side nor the red light on the starboard side, nor, if practicable, more than 2 points

(22 1/2 degrees) abaft the beam on their respective sides.

(b) To make the use of these portable lights more certain and easy, the lanterns containing

them shall each be painted outside with the colour of the lights they respectively contain, and shall be

provided with proper screens.

6. Navigation lights and shapes to be carried by vessels engaged in fishing

(1) Power driven fishing vessels when not engaged in fishing shall show the lights or shapes for

similar vessels of their length. G.N. 3/1982

(2) Vessels engaged in fishing, when under way or at anchor, shall show only the lights and

shapes provided in this regulation, which lights and shapes shall be visible at a distance of at least two

miles.

(3) Vessels when engaged in trawling, by which is meant the dragging of a dredge net or other

apparatus through the water, shall carry two lights in a vertical line, one over the other, not less than 1.2

metres nor more than 3.6 metres apart. The upper of these lights shall be green and the lower light

white and each shall be visible all round the horizon. The lower of these two lights shall be carried at a

height above the sidelights not less than twice the distance between the two vertical lights.

(4) Vessels when engaged in fishing, except vessels engaged in trawling, shall carry the lights

provided in subregulation (3) except that the upper of the two vertical lights shall be red. Such vessels if

of less than 12 metres in length may carry the red light at a height of not less than 2.7 metres above the

gunwale and the white light not less than 900 millimetres below the red light.

(5) Vessels referred to in subregulations (3) and (4), when making way through the water, shall

carry the sidelights or lanterns provided in regulation 5 (1) (a) and (b) as appropriate, and the stern light

provided in regulation 5 (3) (c). When not making way through the water they shall show neither the

sidelights nor the stern light.

(6) Vessels referred to in subregulation (4) with outlying gear extending more than 150 metres

horizontally into the seaway shall carry an additional all round white light at a horizontal distance of not

less than 1.8 metres nor more than 6 metres away from the vertical lights in the direction of the outlying

gear. This additional white light shall be placed at a height not exceeding that of the white light provided

in subregulation (3) and not lower than the sidelights.

(7) In addition to the lights which they are required by this regulation to carry, vessels engaged

in fishing may, if necessary in order to attract the attention of an approaching vessel, use flare-up light,

or may direct the beam of their searchlight in the direction of a danger threatening the approach vessel,

in such a way as not to embarrass other vessels. They may also use working lights but fishermen shall

take into account that specially bright or insufficiently screened working lights may impair the visibility

and distinctive character of the lights prescribed in this regulation.

(8) By day vessels when engaged in fishing shall indicate their occupation by displaying where it

can best be seen a black shape consisting of two cones each not less than 600 millimetres in diameter

with their points together one above the other. Such vessels if of less than 19.5 metres in length may

substitute a basket for such black shape. If their outlying gear extends more than 150 metres

horizontally into the seaway vessels engaged in fishing shall display in addition one black conical shape,

point upwards, in the direction of the outlying gear.

7. Cancelled by G.N. 158/1972

[Cancelled by G.N. 158/1972.]

8. Towing lights and shapes

(1) A power driven vessel when towing or pushing another vessel shall, in addition to her side-

lights, carry two white lights in a vertical line one over the other not less than 1.8 metres apart, and

when towing and the length of the tow, measuring from the stern of the towing vessels to the stern of

the last vessel towed, exceeds 180 metres, shall carry three white lights in a vertical line one over the

other, so that the upper and lower lights shall be the same distance from, and not less than 1.8 metres

above or below, the middle light. Each of these lights shall be of the same construction and character

and one of them shall be carried in the same position as the white light prescribed in regulation 5 (1) (a).

None of these lights shall be carried at a height of less than 4.2 metres above the hull. In a vessel with a

single mast, such lights may be carried on the mast. G.N. 3/1982

(2) The towing vessel shall also show the appropriate stern light as prescribed in regulation 5 (1)

(d) or regulation 5 (3) (c).

(3) Between sunrise and sunset a power driven vessel engaged in towing, if the length of tow

exceeds 180 metres, shall carry, where it can best be seen, a black diamond shape at least 600

millimetres in diameter.

(4) A power driven vessel of less than 19.5 metres in length when towing or pushing another

vessel shall carry—

(a) in addition to the side-lights or the combined lantern prescribed in regulation 5 (3) (b),

two white lights in a vertical line, one over the other not less than 1.2 metres apart. Each of these lights

shall be of the same construction and character as the white light prescribed in regulation 5 (3) (a), and

one of them shall be carried in the same position. In a vessel with a single mast such lights may be

carried on the mast;

(b) the appropriate stern light as prescribed in regulation 5 (3) (c).

(5) A vessel referred to in this regulation when being towed shall carry the side-lights or the

combined lantern prescribed in regulation 5 (3) (b) and except the last vessel of the tow, a small white

light abaft the funnel or aftermast, but such light shall not be visible forward of the beam. When being

pushed ahead it shall carry at the forward end the side-lights or combined lantern prescribed in

regulation 5 (3) (b) as appropriate, provided that any number of vessels referred to in this regulation

when pushed ahead in a group shall be lighted as one vessel under this regulation, unless the overall

length of the group exceeds 19.5 metres when the provisions of regulation 5 (5) shall apply.

9. Lights and shapes for vessels at anchor

(1) A vessel when at anchor or made fast in or near a navigable channel where it is likely to be a

hazard to other vessels shall display forward where it can best be seen at a height above the hull of not

more than 6 metres a white light in a lantern so constructed as to show a clear, uniform and unbroken

light visible all round the horizon at a distance of at least one mile. G.N. 3/1982

(2) Between sunrise and sunset every vessel when at anchor shall carry in the forepart of the

vessel, where it can best be seen, one black ball not less than 600 millimetres in diameter.

10. Lights and shapes for vessels not under control

(1) A vessel of 15 metres or more overall length which is not under control and which is in or

near a navigable channel where it is likely to be a hazard to other vessels shall display, in lieu of the light

referred to in regulation 5 (1) (a) or regulation 5 (3) (a), where they can best be seen two red lights in a

vertical line, one over the other, not less than 1.8 metres apart and of such a character as to be visible

all round the horizon at a distance of at least two miles. By day such vessel shall carry in a vertical line,

one over the other, not less than 1.8 metres apart where they can best be seen, two black balls or

shapes each not less than 600 millimetres in diameter. G.N. 3/1982

(2) A vessel referred to in this regulation, when not making way through the water, shall not

show the coloured lights referred to in regulation 5 (1) (b), (c) and (d), but when making way shall show

them.

(3) The lights and shapes referred to in subregulation (1) shall be taken by other vessels as

signals that the vessel showing them is not under control and cannot therefore get out of the way, but

not as signals of a vessel in distress and requiring assistance.

(4) A vessel of less than 15 metres overall length shall, when not under control, have ready at

hand either an electric torch or a lighted lantern showing a white light, which shall be exhibited in

sufficient time to prevent a collision.

(5) A vessel engaged in picking up a navigation mark, or a vessel engaged in surveying or

underwater operations, or a vessel engaged in replenishment at sea, or in the launching or recovery of

aircraft when from the nature of her work she is unable to get out of the way of approaching vessels,

shall carry, in lieu of the lights prescribed in regulation 5, three lights in a vertical line one over the other

so that the upper and lower lights shall be the same distance from, and not less than 1.8 metres above

or below, the middle light. The highest and lowest of these lights shall be red and the middle light shall

be white, and they shall be of such a character as to be visible all round the horizon at a distance of at

least two miles. By day, she shall carry in a vertical line one over the other not less than 1.8 metres

apart, where they can best be seen, three shapes each not less than 600 millimetres in diameter, of

which the highest and lowest shall be globular in shape and red in colour, and the middle one diamond

in shape and white.

PART III

SOUND SIGNAL AND CONTACT IN RESTRICTED VISIBILITY

11. Action to avoid collisions at sea

(1) The possession of information obtained from radar shall not relieve any vessel of the

obligation of conforming strictly with the regulations and, in particular, the obligations contained in

regulations 13 and 14.

(2) The First Schedule contains recommendations intended as aids to avoiding collision in

restricted visibility.

12. Sound signals

(1) A power driven vessel of 12 metres or more overall length shall be provided with an efficient

whistle, sounded by steam or by some substitute for steam, so placed that the sound may not be

intercepted by any obstruction, and with an efficient fog-horn to be sounded by mechanical means, and

also with an efficient bell. A sailing vessel of 12 metres or more overall length shall be provided with a

similar fog-horn and bell. G.N. 3/1982

(2) All signals prescribed in this regulation for vessels under way shall be given by whistle or fog-

horn.

(3) In fog, mist, heavy rainstorm, or any other condition similarly restricting visibility, whether by

day or night, the signals prescribed in this regulation shall be used as follows—

(a) a power driven vessel making way through the water shall sound at intervals of not

more than 2 minutes a prolonged blast;

(b) a power driven vessel under way, but stopped and making no way through the water,

shall sound at intervals of not more than 2 minutes two prolonged blasts, with an interval of about 1

second between them;

(c) sailing vessel under way shall sound, at intervals of not more than 1 minute, when on

the starboard tack one short blast, when on the port tack two short blasts in succession, and when with

the wind abaft the beam three short blasts in succession;

(d) a vessel when at anchor shall at intervals of not more than 1 minute ring the bell rapidly

for about 5 seconds, and may, in addition, sound three blasts in succession, namely, one short, one

prolonged and one short blast, to give warning of her position and of the possibility of collision to an

approaching vessel;

(e) a vessel when towing, a vessel engaged in laying or in picking up a navigation mark, and

a vessel under way which is unable to get out of the way of an approaching vessel through being not

under command or unable to manoeuvre as required by these Regulations shall, instead of the signals

prescribed in paragraphs (a), (b) and (c) sound, at intervals of not more than 1 minute, three blasts in

succession, namely, one prolonged blast followed by two short blasts;

(f) a vessel being towed, or, if more than one vessel is towed, the first manned vessel of

the tow, shall, at intervals of not more than 1 minute, sound four blasts in succession, namely, one

prolonged blast followed by three short blasts, when practicable, this signal shall be made immediately

after the signal made by the towing vessel;

(g) a vessel aground shall give the bell signal referred to in paragraph (d) and shall, in

addition, give 3 separate and distinct strokes on the bell immediately before and after such rapid ringing

of the bell;

(h) a vessel engaged in fishing, whether under way or at anchor, shall at intervals of not

more than 1 minute sound the signal referred to in paragraph (e);

(i) a vessel engaged in fishing with trolling lines and under way shall sound the signals

referred to in paragraphs (a), (b) or (c), as may be appropriate.

(4) A vessel of less than 12 metres overall length or a rowing boat or canoe shall not be obliged

to give the signals referred to in subregulation (3) but if not, such vessel shall make some other efficient

sound signal at intervals of not more than 1 minute.

13. Conduct in restricted visibility

(1) Every vessel shall, in fog, mist, heavy rainstorm or any other condition similarly restricting

visibility, proceed at a moderate speed, having careful regard to the existing circumstances and

conditions.

(2) A power driven vessel hearing, apparently forward of the beam, the fog signal of a vessel the

position of which is not ascertained, shall, so far as the circumstances of the case admit, stop engines,

and then navigate with caution until danger of collision is over.

(3) A power driven vessel which detects the presence of another vessel forward of the beam

before hearing her fog signal or sighting her visually may take early and substantial action to avoid a

close quarters situation but, if this cannot be avoided, shall, so far as the circumstances of the case

admit, stop engines in proper time to avoid collision, and then navigate with caution until danger of

collision is over.

PART IV

STEERING AND SAILING REGULATIONS

14. General observance of good seamanship

(1) In obeying and construing these Regulations any action taken should be positive, in ample

time, and with due regard to the observance of good seamanship.

(2) Risk of collision can, when circumstances permit, be ascertained by carefully watching the

compass bearing of an approaching vessel. If the bearing does not appreciably change, such risk should

be deemed to exist.

(3) Mariners should bear in mind that seaplanes in the act of landing or taking off, or operating

under adverse weather conditions, may be unable to change their intended action at the last moment.

(4) In complying with these Regulations, the master or person in charge of a vessel shall have

due regard to all dangers of navigation and collision and to any other special circumstances which may

render a departure from them necessary in order to avoid immediate danger.

15. Two sailing ships approaching each other

(1) When two sailing vessels are approaching one another, so as to involve risk of collision, one

of them shall keep out of the way of the other as follows—

(a) when each has the wind on a different side, the vessel which has the wind on the port

side shall keep out of the way of the other;

(b) when both have the wind on the same side, the vessel which is to windward shall keep

out of the way of the vessel which is to leeward.

(2) For the purposes of this regulation the windward side shall be deemed to be the side

opposite to that on which the mainsail is carried.

16. Power driven vessels meeting end on

When two power driven vessels are meeting end on or nearly end on in such manner as to

involve risk of collision, each shall alter course to starboard, so that each may pass on the port side of

the other.

17. Power driven vessels crossing

When two power driven vessels are crossing so as to involve risk of collision the vessel which

has the other on her own starboard side shall keep out of the way of the other.

18. Power driven vessels and sailing vessels

(1) When a power driven vessel and a sailing vessel are proceeding in such directions as to

involve risk of collision, the power driven vessel shall, except as provided for in regulations 21 and 23,

keep out of the way of the sailing vessel.

(2) This regulation shall not give to a sailing vessel the right to hamper in a narrow channel the

safe passage of a power driven vessel which can navigate only inside such channel.

19. Emergency action

Where by any of these regulations one of two vessels is to keep out of the way, the other shall

keep her course and speed. When, for any cause, the latter vessel finds herself so close that collision

cannot be avoided by the action of the giving-way vessel alone, she also shall take such action as will

best help to overt collision.

20. Action to keep out of way

Every power driven vessel which is directed by these Regulations to keep out of the way of

another vessel shall, if the circumstances of the case permit, avoid crossing ahead of her, and shall on

approaching her, if necessary, slacken speed or stop or reverse.

21. Vessels overtaking

(1) Notwithstanding anything contained in the Regulations, every vessel overtaking another

vessel shall keep out of the way of the vessel being overtaken.

(2) Every vessel coming up with another vessel from any direction more than 2 points (22

degrees) abaft her beam, i.e. in such a position, with reference to the other vessel, that at night she

would be unable to see either of that vessels sidelights, shall be deemed to be an overtaking vessel; and

no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a

crossing vessel within the meaning of these Regulations, or relieve such vessel of the duty of keeping

clear of the overtaken vessel until she is finally past and clear.

(3) If the overtaking vessel cannot determine with certainty whether she is forward of or abaft

this direction from the other vessel, she shall assume that she is an overtaking vessel and keep out of

the way.

22. Navigating channels

(1) In a narrow channel every power driven vessel when proceeding along the course of the

channel, shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies

on the starboard side of such vessel. G.N. 3/1982

(2) Whenever a power driven vessel is nearing a bend in a channel where a vessel approaching

from the other direction cannot be seen such power driven vessel shall, within one-half (1/2) mile of the

bend, give a signal by one prolonged blast on her whistle or fog-horn, which signal shall be answered by

a similar blast given by any approaching power driven vessel that may be within hearing around the

bend. Regardless of whether an approaching vessel on the farther side of the bend is heard, such bend

shall be rounded with alertness and caution.

(3) In a narrow channel a power driven vessel of less than 19.5 metres overall length shall not

hamper the safe passage of a vessel which can navigate only inside such channel.

(4) A vessel (which expression shall include a pontoon ferry) crossing a river or channel shall

keep out of the way of any power driven vessel proceeding upstream or downstream.

23. Keeping clear of vessels engaged in fishing

All vessels not engaged in fishing shall, when under way, keep out of the way of vessels engaged

in fishing. This regulation shall not give to any vessel engaged in fishing the right of obstructing a fairway

used by vessels other than fishing vessels.

PART V

SOUND SIGNALS FOR VESSELS IN SIGHT OF ONE ANOTHER

24. Sound signals

(1) When vessels are in sight of one another, a power driven vessel under way, in taking any

course authorized or required by these Regulations shall indicate that course by the following signals on

her whistle or fog-horn, namely—

(a) one short blast to mean “I am altering my course to starboard”;

(b) two short blasts to mean “I am altering my course to port”;

(c) three short blasts to mean “My engines are going astern”.

(2) Whenever a power driven vessel which under these Regulations has the right to maintain her

course and speed is in sight of another vessel and is in doubt whether sufficient action is being taken by

the other vessel to avert collision, she may indicate such doubt by giving at least five short and rapid

blasts on the whistle or fog-horn. The giving of such a signal shall not relieve a vessel of her obligations

under these Regulations, including her duty to indicate any action taken under these Regulations by

giving the appropriate sound signals laid down in this regulation.

(3) Any signal mentioned in this regulation may be further indicated by a visual signal consisting

of a white light visible all round the horizon at a distance of at least 5 miles, and so devised that it will

operate simultaneously, and in conjunction with the whistle-sounding mechanism and remain lighted

and visible during the same period as the sound signal.

(4) All vessels shall endeavour to keep out of the way of any dug-out canoes that may be

encountered, and extend courtesy by reducing speed or stopping engines if necessary so as not to

endanger or inconvenience them by wash.

PART VI

MISCELLANEOUS

25. Consequences of neglect

Nothing in these Regulations shall exonerate any vessel or the owner, master or crew thereof,

from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-

out, or of the neglect of any precaution which may be required by the ordinary practice of seamen or by

the special circumstances of the case.

26. Reservation in respect of harbours and rivers

Nothing in these Regulations shall affect the operation of any special regulations made in

relation to any harbour, river, lake, or reserved seaplane area, and where these Regulations conflict with

any such special regulations, such special relations shall prevail.

27. Distress signals

(1) When a vessel on the water is in distress and requires assistance from other vessels or from

the shore, she shall use or display the following signals, either together or separately, namely—

(a) a gun or other explosive signal fired at intervals of about a minute;

(b) a continuous sounding with any fog-signalling apparatus;

(c) rockets or shells throwing red stars fired one at a time at short intervals;

(d) a signal made by radiotelegraphy or by any other signalling method consisting of the

letters S O S in the Morse Code;

(e) a signal sent by radiotelephony consisting of the spoken word “Mayday”;

(f) the International Code Signal of distress indicated by the letters N.C. in the Morse Code;

(g) a signal consisting of a square flag having above or below it a ball or anything

resembling a ball;

(h) flames on the vessel (as from a burning tar barrel, oil barrel, etc.);

(i) a rocket parachute flare or a hand flare showing a red light;

(j) a smoke signal giving off a volume of orange-coloured smoke;

(k) slowly and repeatedly raising and lowering arms outstretched to each side.

(2) The use of any of the foregoing signals, except for the purpose of indicating that a vessel is in

distress, and the use of any signals which may be confused with any of the foregoing signals, is

prohibited, save to the extent that a fishing vessel uses flames or fire as a means of attracting fish.

28. Navigational aids

Navigation marks and buoys used on inland waters shall conform to the International Lateral

System as set out in the Second Schedule.

29. Reporting of shipping casualties

When a shipping casualty is deemed to have occurred in accordance with section 21 of the Act,

the master or person in charge of the vessel or vessels involved or any witness to such casualty shall,

within 48 hours of such casualty, report the circumstances to the nearest surveyor, registrar of vessels,

police officer or harbour master who shall immediately on receiving notification of the casualty

investigate the circumstances and submit a full written report to the Minister.

30. Notices to Mariners

The Minister may publish from time to time by notice in the Government Gazette such “Notices

to Mariners” as he may consider necessary. It is the duty of all owners and masters or persons in charge

of vessels to be aware of and conform with such notices.

FIRST SCHEDULE

RECOMMENDATIONS ON THE USE OF RADAR INFORMATION AND AS AIDS TO AVOIDING COLLISIONS AT

SEA

(1) Assumptions made on scanty information may be dangerous and should be avoided.

(2) A vessel navigating with the aid of radar in restricted visibility must, in compliance with

regulation 13 (1), go at a moderate speed. Information obtained from the use of radar is one of the

circumstances to be taken into account when determining moderate speed. In this regard it must be

recognized that small vessels, and similar floating objects may not be detected by radar. Radar

indications of one or more vessels in the vicinity may mean that “moderate speed” should be slower

than a mariner without radar might consider moderate in the circumstances.

(3) When navigating in restricted visibility the radar range and bearing alone do not constitute

ascertainment of the position of the other vessel under regulation 13 (2) sufficiently to relieve a vessel

of the duty to stop her engines and navigate with caution when a fog signal is heard forward of the

beam.

(4) When action has been taken under regulation 13 (3) to avoid a close quarters situation, it is

essential to make sure that such action is having the desired effect; alterations of course or speed or

both are matters as to which the mariner must be guided by the circumstances of the case.

(5) Alteration of course alone may be the most effective action to avoid a close quarters

situation provided that—

(a) there is sufficient sea room;

(b) it is made in good time;

(c) it is substantial; a succession of small alterations of course should be avoided;

(d) it does not result in a close quarters situation with other vessels.

(6) The direction of an alteration of course is a matter in which the mariner must be guided by

the circumstances of the case. An alteration to starboard, particularly when vessels are approaching

apparently on opposite or nearly opposite courses, is generally preferable to an alteration to port.

(7) An alteration of speed, either alone or in conjunction with an alteration of course, should be

substantial; a number of small alterations of speed should be avoided.

(8) If a close quarters situation is imminent, the most prudent action may be to take all way off

the vessel.

SECOND SCHEDULE

NAVIGATIONAL AIDS reg. 28

(a) In this Schedule the term starboard hand denotes that side which would be on the right

hand of a mariner either going with the main flood stream or approaching or entering a harbour river or

channel from seaward. The expression port hand denotes the side on the left hand of the mariner in the

same circumstances.

(b) The port hand of a channel shall be marked by flat topped cylindrical can buoys carrying

red lights if required.

(c) The starboard side of a channel shall be marked by cone buoys with the points

uppermost, carrying white lights if required.

(d) Middle ground buoys the ends of middle grounds shall be marked by spherical buoys,

which are painted in horizontal bands, red and white the main channel is on the starboard hand or the

channels are of equal importance and black and white where the main channel is on the port hand.

Middle grounds top marks if any, where the main channel is on the starboard hand shall

consist of red cans on the outer buoys and red T’s on the inner buoys. Where the main channel is on the

port hand, the top marks, if any, shall consist of black cones on the outer buoys and black diamonds on

the inner buoys. Where the channels are of equal importance the top-marks, if any, shall consist of red

spheres on the outer buoys and red St. George’s crosses on the inner buoys.

Lights on middle ground buoys if any, shall as far as possible be distinctive and coloured

red or white, the colour (white or red) and the rhythm indicating the side on which the mark is to be

passed. Mid channel buoys shall be of distinctive shapes different from the principal characteristic (e.g.,

conical, can or spherical characteristic). They shall be painted in vertical stripes either black and white or

red and white.

Mid channel top marks shall be of distinctive shapes other than can, cone or sphere.

Lights on mid channel buoys, if any, shall be different from neighbouring lights at the side of the

channel.

Isolated danger buoys shall be spherical and painted black and red in wide horizontal

bands, separated by narrow white bands.

Isolated danger top marks if any, shall consist of spheres painted black and red or half

black and red horizontally.

Lights on isolated danger buoys, if any, shall be flashing, either white or red.

Fairway buoys or land fall buoys which serve to indicate the seaward approach to a

harbour or river shall be similar in shape and colour to mid channel buoys.

Lights on fairway buoys, if any, shall be flashing.

Buoys on the same side of a channel may be distinguished from each other by names,

numbers or letters. Some buoys may also carry rader reflector.

(e) Buoys may also be used for the following—

(i) Outfall and spoil ground buoys these mark the position where sewage or other

pipes discharge into the sea, and discharging grounds for dredges and sullage lighters. The shape of

these buoys is optional, but they shall be painted yellow and black divided horizontally. Lights are

optional but shall be different from neighbouring lights in the vicinity.

(ii) Telegraph cables buoys these mark the position of telegraph or other submarine

cables in the vicinity of which anchoring is prohibited. The shape of these buoys is optional, but they

shall be painted black with the word “TELEGRAPH” written thereon in white letters.

(iii) Danger area buoys these buoys are as allocated to naval and military authorities

for purposes such as practice firing or bombing. The shape of these buoys is optional, but they shall be

painted yellow with a red St. George’s cross on top making red and yellow vertical stripes on the sides.

The letters “DZ” shall be painted on the sides.

(iv) Dan buoys these buoys are cylindrical in shape with a tube through the centre

to take a stave, to the top of which is secured a flag. At sea these mark the limit of fishing grounds

where submerged nets may be encountered.

(v) Mooring buoys these are of many shapes and sizes and usually cylindrical in

shape and may be found in any harbour or anchorage.

(vi) Wreck marking buoys Wrecks which constitute a danger to shipping in the

vicinity of channels or fairways may be marked by wreck marking buoys, the shape of the wreck buoy

(either can, conical or spherical) indicating on which hand it should be left. Wreck marking buoys shall

be painted green with the word “WRECK” painted thereto in white letters. Lights, if any, shall be green

flashing.

Caution: if buoys of the principal characteristic shapes (i.e., conical, can and

spherical) are not available, buoys of other shapes may be used in their places. Such buoys shall be

painted in a similar manner to the marks they replace, and if lighted will exhibit lights with similar

characteristics.

If buoys are not available, spars may be used to indicate on which side they are to be passed—

(a) Port hand painted green and red divided horizontally.

(b) Starboard hand painted green and black divided horizontally.

(c) Either hand painted green.

INLAND WATERS SHIPPING (LICENSING OF VESSELS) REGULATIONS


REGULATION

1. Citation

2. Interpretation

3. Issue of licence

4. Variation of licence

5. Display of licence

6. Surrender of licence

7. Vessel ceasing to be used

8. Penalty

G.N. 100/1980

125/1983

47/1993

47/1995

85/1996

52/2000

27/2006

INLAND WATERS SHIPPING (LICENSING OF VESSELS) REGULATIONS

under s. 37

1. Citation

These Regulations may be cited as the Inland Waters Shipping (Licensing of Vessels) Regulations.

2. Interpretation

In these Regulations “licence” means a licence to use a vessel upon inland waters, required by

section 12 of the Act.

3. Issue of licence

(1) Every application for a licence shall be on Form I in the Schedule hereto, and shall be

addressed to the Licensing Authority, Ministry of Transport and Communications, Lilongwe. G.N.

125/1983, 47/1993, 47/1995, 85/1996, 52/2000, 27/2006

(2) Every licence shall be on Form II in the Schedule hereto. (3) There shall be paid on the issue

of a licence a fee of—

(a) K50,000 for a vessel of than 100 gross tonnes or more;

(b) K30,000 for a vessel of less than 100 gross tonnes but not less than 15 tonnes; and

(c) K15,000 for a vessel of less than 15 gross tonnes or more.

4. Variation of licence

(1) Every application for the variation of the conditions contained in any licence shall be made in

writing to the Licensing Authority, Ministry of Transport and Communications, Lilongwe. G.N. 125/1983,

52/2000, 27/2006

(2) If in consequence of an application for the variation of a licence, the licensing authority

consents to the variation of any condition contained therein, there shall be payable by the licensee a fee

of K2,000.

(3) Any variation of a licence consented to by the licensing authority shall be entered by him on

the licence in the space headed “ENDORSEMENTS”.

5. Display of licence

(1) Every vessel in respect of which a licence has been issued shall have a copy of this licence

displayed in a conspicuous place on the vessel, e.g. in the wheel-house.

(2) The master of the vessel and the holder of the licence issued in respect of such vessel shall, if

subregulation (1) is not complied with, be guilty of an offence.

6. Surrender of licence

(1) Any holder of a licence which has expired and not been replaced by a new licence, or which

has been revoked or suspended under section 21 (1) of the Act, shall forthwith surrender the same by

sending it by registered post to the licensing Authority, Ministry of Transport and Communications,

Lilongwe.

(2) Any person who fails to comply with subregulation (1) shall be guilty of an offence.

7. Vessel ceasing to be used

(1) The holder of a licence shall, if the vessel in respect of which the licence was issued ceases to

be used in accordance with the terms and conditions of the licence, notify the licensing authority to this

effect within 30 days of the vessel ceasing to be so used.

(2) Any person who fails to comply with subregulation (1) shall be guilty of an offence.

8. Penalty

Any person who is guilty of an offence under these Regulations shall be liable to a fine of K100.

SCHEDULE reg. 3 (1)

FORM I

INLAND WATERS SHIPPING ACT

(CAP. 71:01)

APPLICATION FOR LICENCE

Application for a licence to use a vessel upon Malawi Inland Waters for the carriage of goods or

persons for hire or reward or for the carriage of goods in connexion with a trade or business.

1. Name and address of applicant ....................................................................................

.............................................................................................................

2. If the application is made on behalf of a company or firm, give particulars

..................................................

3. Is the vessel in respect of which this application is made registered, and if so where?

........................................

4. Name and address of owner(s) of vessel ............................................................................

.............................................................................................................

5. State amount of capital available to applicant .........................................................................

6. What is the nature of the shipping operations to be carried on by applicant?

................................................

(a) Passenger Service

(b) Cargo Service

(c) Mixed (Passenger and Cargo) Service

(d) Carriage of goods in connexion with applicant’s trade or business.

7. State the places between which such vessel is intended to be navigated including places, if

any, outside Malawi), and the proposed schedule of services to be provided

....................................................................................

8. What is the name, type and tonnage of the vessel proposed to be used?

..................................................

9. State the nature of the hull and date and method of construction

.........................................................

10. State the type of engine and the rated horse power of the engine fitted

...................................................

11. State number of crew to be carried, including master and owner’s representative

..........................................

12. If a passenger service licence is required, state the number of passengers the vessel is

intended to carry .......................

13. State what life saving appliances are carried and their capacity—

(a) Lifebuoys ..................................................................................................

(b) Life jackets .................................................................................................

(c) Ships boats ................................................................................................

(d) Rafts (if any) ................................................................................................

14. State nature of cargoes to be carried ..............................................................................

15. What fire fighting appliances are to be carried .......................................................................

16. State name(s) of master and mate(s), and what certificates held

.......................................................

17. State name(s) of engineer(s), and what certificates held

...............................................................

18. Has the vessel been inspected and approved by the Government Surveyor of Vessels?

......................................

I/We the undersigned (on behalf of ..................................................................................)

hereby state that the above particulars are correct in all details.

reg. 3 (2)Signed ..................................

FORM II


(CAP. 71:01)

LICENCE

LICENCE No.

M ..................

................................................. of ......................................................... is/are hereby licensed to

use the following vessel ....................................................................... (name of vessel) for carriage of

.....................................................................................

upon the waters of .............................................................................. upon the following

conditions ......................................................................................................

This licence is valid for one year from the date of issue.

Date of issue: ............................................(Signed) ..................................Place:

..................................................Licensing Authority

Fee paid: K

ENDORSEMENTS

Fee paid: K

INLAND WATERS SHIPPING (SAFETY APPLIANCES AND CONSTRUCTION OF VESSELS) REGULATIONS


REGULATION


2. Interpretation

3. Submission of plans

4. Conventional standards

5. Stability and free board

6. Structural strength

7. Specifications

8. Metal buoyancy tanks

9. Safety and fire fighting appliances

10. Vessels with inboard engines

11. Alternate means of propulsion

12. Anchors and cables

13. Certain vessels to carry radio apparatus

14. Certain information to be displayed

15. Boat drill and fire drill

16. Appointment of life boatmen

17. Making of life-boats and buoyant apparatus

18. Life-boats and buoyant apparatus to be fully equipped

19. Exemptions

G.N. 44/1970

280/1971

4/1982

INLAND WATERS SHIPPING (SAFETY APPLIANCES AND CONSTRUCTION OF VESSELS) REGULATIONS

under s. 37


(1) These Regulations may be cited as the Inland Waters Shipping (Safety Appliances and

Construction of Vessels) Regulations.

(2) These Regulations shall apply to all vessels that require to be registered under Part I of the

Act.

2. Interpretation


“decked vessel” means a vessel which is decked in to the extent of her overall length;

“half-decked vessel” means a vessel which is not an open vessel nor a decked vessel;

“open vessel” means a vessel which is not decked in at the forward end to the extent of one-

third of her overall length.

3. Submission of plans

If required by the surveyor, the owner of a vessel or his agent shall submit plans showing the

construction, material and scantlings of the hull of such vessel. The plans shall also show the passenger

accommodation, if any, and if such accommodation is in an enclosed space, particulars of the entrances

and exits.

4. Conventional standards

Every vessel shall be properly designed, constructed and equipped to conventional standards for

the nature of the trade, business or undertaking in which it is intended it shall be used.

5. Stability and free board

Every vessel shall be of such form and proportions that it shall have sufficient stability in a sea-

way and sufficient free board when loaded.

6. Structural strength

The structural strength of every vessel shall be sufficient to permit of it being towed against a

sea-way when fully loaded without being strained in any manner.

7. Specifications First Schedule G.N. 4/1982

The specifications set out in the First Schedule are intended as a guide in the construction of

open or half-decked vessels of less than 18 metres so as to comply with the requirements of regulation

5.

8. Metal buoyancy tanks G.N. 4/1982

Every open and half-decked metal vessel of less than 18 metres overall length shall be fitted

with buoyancy tanks complying with the requirements set out in the Second Schedule, of sufficient cubic

capacity to ensure that the vessel will remain afloat when water-logged and carrying a full load of

machinery, stores, passengers and cargo.

9. Safety and fire fighting appliances

(1) Every vessel shall be equipped with safety and fire fighting appliances in accordance with the

requirements specified in the Third Schedule. Third Schedule

(2) Every such appliance shall be kept in good and efficient order so as to be at all times fit and

ready for use.

10. Vessels with inboard engines

(1) Every vessel fitted with an inboard engine using petrol, paraffin, diesel or other inflammable

fuel shall be fitted with a proper drip tray located between the engine bearers and the engine, designed

and located to collect all fuel leaking from carburettors, fuel pumps, fuel pipes, and other parts of the

engine so as to avoid its collection in the bilges.

(2) Every inboard engine shall be fitted with a flame trap attached to each carburettor.

(3) Every vessel fitted with an inboard petrol engine shall have the fuel tanks installed in the

stern away from the engine, and drip trays shall be fitted beneath the tanks to avoid the collection of

petrol in the bilges.

(4) Every fully decked vessel fitted with an inboard engine shall be fitted with ventilators or

cowls capable of removing gases from the bilges of the engine and fuel tank compartments.

(5) The exhaust pipes on inboard engines shall be efficiently lagged with asbestos cord or

approved heat resisting lagging material.

(6) Every open and half-decked vessel fitted with inboard engines shall have a weather-proof

removable engine casing made in such manner as to cover the entire engine when in position.

11. Alternate means of propulsion

(1) Every vessel depending upon outboard motors for propulsion shall at all times carry some

alternative means of propulsion such as oars, paddles, sweeps or complete reserve outboard

assemblies.

(2) Every vessel depending upon sails for propulsion and not equipped with auxiliary engines

shall at all times carry oars, paddles or sweeps.

12. Anchors and cables

Every vessel shall be equipped with an efficient anchor and cables of an approved pattern and

size adequate for holding the vessel securely.

13. Certain vessels to carry radio apparatus

(1) Every vessel authorized by the surveyor’s certificate to carry or carrying 50 or more

passengers, which proceeds more than five miles from the shore, shall carry radio transmitting and

receiving apparatus.

(2) The master or person in charge of such vessel shall cause a radio log to be kept in such

vessel.

14. Certain information to be displayed

Every vessel authorized by the surveyor’s certificate to carry or carrying 50 or more passengers

shall carry the following information on cards displayed in all parts of such vessel used as passenger

accommodation and printed in English and Chichewa—

(a) the passenger assembly stations of such passengers;

(b) the nature and meaning of the general emergency signal;

(c) the method of putting on a life-jacket.

15. Boat drill and fire drill

Every vessel authorized by the surveyor’s certificate to carry or carrying 100 or more passengers

shall carry out boat drill and fire drill at least once during any voyage. During such drill all equipment

shall be thoroughly checked and particulars of such drill shall be recorded in the log-book of the vessel.

16. Appointment of life-boatmen

The master of a vessel which is required to carry life-boats under heading B of the Third

Schedule shall appoint two competent members of the crew as life-boatmen to take charge of each life-

boat and shall, in the case of life-boats with motors, appoint a competent member of the engine-room

staff to operate the motor of each such life-boat.

17. Marking of life-boats and buoyant apparatus

A life-boat or buoyant apparatus shall be permanently marked to the satisfaction of the

surveyor to indicate its dimensions and the number of persons it is authorized by the surveyor’s

certificate to carry.

18. Life-boats and buoyant apparatus to be fully equipped

A life-boat or buoyant apparatus shall be fully equipped before the vessel on which it is carried

leaves harbour and the equipment shall—

(a) remain in such life-boat or buoyant apparatus throughout the voyage; or

(b) be stowed in some convenient place where it will be immediately available in the case

of an emergency.

19. Exemptions

A surveyor may exempt any vessel from any requirement of these Regulations to the extent that

he thinks that compliance therewith would be unreasonable or impracticable in the circumstances and

that the safety of the vessel or passengers or cargo therein would not be endangered by such

exemption.

FIRST SCHEDULE G.N. 4/1982, reg. 7

FORM AND PROPORTION OF VESSELS

1. Every vessel shall be constructed with rigid sides.

2. All thwarts and side seats shall be fitted as low in the vessel as practicable and bottom boards

shall be fitted so that the thwarts shall not be more than 800 millimetres above them.

3.(a) The breadth of any vessel (outside) must not be less than the ratio between its length

(L) and its breadth (B) so, however, that— G.N. 4/1982

(i) in the case of vessel of 7.3 metres in length or less, must not exceed 7.5;

(ii) in the case of a vessel of 13.5 metres in length or more, must not exceed 12;

(iii) in the case of a vessel between 7.3 metres and 13.5 metres in length, may be

derived by direct interpolation.

(b) The freeboard of any vessel when loaded must not be less than 3.7 per cent of its length

and never less than 250 millimetres.

SECOND SCHEDULE G.N. 4/1982, reg. 8

BUOYANCY

1. Every vessel shall be fitted with internal buoyancy so placed as to secure stability when the

boat is fully loaded under adverse weather conditions.

2. The internal buoyancy shall consist of air cases constructed of copper or muntz metal of a

gauge not less than 0.6 millimetres. Galvanized iron or zinc must not be used.

3. The air cases shall be made with proper hook joints not less than 9.5 millimetres in width,

hammered well down and soldered or welded.

4. No air case shall exceed a length of 1.2 metres, and if exceeding 1 metre in length and not

constructed of corrugated sheeting shall, be strengthened by fitting an internal diaphram at the middle

of the length, which shall be of the same material as the case and suitably flanged and soldered or

welded.

5. Solid buoyancy units of non inflammable material, having a closed-cell structure or any other

approved material, to specifications approved by the Minister, may be used in lieu of metal cases of

equal total volume.

THIRD SCHEDULE reg. 9, G.N. 4/1982

EQUIPMENT

A. Life Jackets

(a) All vessels shall carry one approved life jacket for each person carried:

Provided that in the case of a vessel of less than 7.5 metres overall length it shall

be sufficient if the vessel carries sufficient life jackets or buoyant apparatus to support every person on

board or if the vessel is fitted with internal buoyancy sufficient to ensure that the vessel will remain

afloat when waterlogged and carrying a full load of stores, passengers and cargo.

(b) An approved life jacket shall mean a jacket of approved material and construction which

is capable of floating in fresh water for 24 hours with 7.5 kilograms of iron suspended from it, or any

other approved appliance of equal buoyancy and capable of being fitted to the human body. It shall be

reversible and suitable both for adults and children.

(c) A “Cork” life jacket must be capable of supporting 7.5 kilograms of iron in fresh water

for 24 hours.

(d) A “Kapok” life jacket must be capable of supporting at least 11 kilograms of iron after

floating in fresh water for 24 hours with 7.5 kilograms of iron attached. “Kapok” jackets must not be

covered with linen as such material is not impermeable to oil, the absorption of which renders the

buoyancy of the jacket negative. A “Kapok” jacket should not exceed 1.3 kilograms in weight when new.

(e) Each life jacket shall be fitted with two tapes, each 1 metre long, 38 millimetres wide

and capable of withstanding a stress of 90 kilograms of suspended weight without distortion.

B. Lifeboats

A power driven vessel of 30 metres or more overall length shall carry not less than two lifeboats

of a type and size approved by the surveyor, attached to davits.

C. Lifebuoys

(a) Vessels of less than 7.5 metres overall length shall not be required to carry an approved

lifebuoy.

(b) Every vessel of 7.5 and less than 10.5 metres overall length shall carry one approved

lifebuoy complete with 30 metres of life line.

(c) Every vessel of 10.5 and less than 18 metres overall length shall carry two approved

lifebuoys, one on each side of the boat, one of which is to be fitted with 30 metres of life line.

(d) Every vessel of 18 metres and more overall length shall carry such number of lifebuoys

as the Minister may deem sufficient.

(e) An approved lifebuoy shall be of solid cork, or other equivalent material, and shall be

capable of floating in fresh water for at least 24 hours with 14.5 kilograms of iron suspended from it.

(f) An approved lifebuoy shall satisfy the following conditions—

Size:Inside diameter450 millimetresOutside diameter750 millimetresMajor axis of cork150

millimetresMinor axis of cork100 millimetresWeight:Not to exceed 6 kilograms when new.Grabs:There

shall be four loops of grab lines and the loops shall not be less than 700 millimetres.

D. Buoyant Apparatus including Buoyant Deck Seats

(a) Every vessel of over 7.5 metres overall length, other than an open and half-decked boat,

engaged in the carriage of passengers shall be equipped with buoyant apparatus and/or lifeboats,

sufficient to support the total number of persons on board, distributed in suitable positions about the

vessel from where they may be readily launched or float free. Buoyant apparatus means rafts and/or

buoyant deck seats.

(b) Buoyant apparatus shall not be stowed on the top of deck houses or in other isolated

positions from which it could not be launched directly into the water, nor shall it be stowed below deck

or in any deck erection or on any deck which has another deck over it.

(c) Buoyant apparatus must not be secured to the deck except by lashings which can be

easily slipped.

(d) Means shall be provided in the form of cants fastened to the deck or some other equally

efficient arrangement to prevent buoyant apparatus from sliding across the deck in the event of the

vessel taking a list, or from moving either forward or aft if the vessel takes a heavy trim by the bow or

the stern.

(e) Buoyant apparatus shall be stowed in such a manner that the grab lines and floats are

not liable to be damaged or to deteriorate, and that the apparatus receives adequate ventilation.

(f)

(i) Buoyant apparatus shall be of such construction that it retains its shape and

properties when exposed to the weather on board ship and when in the water. It shall be constructed so

as not to require adjustment prior to use.

(ii) Buoyant apparatus shall be capable of withstanding a drop test, the height of

which shall be equivalent to that of the deck on which it is stowed above the ship’s light water line, but

in no case less than 6 metres.

(iii) Buoyant apparatus shall be effective and stable when floating either way up. It

shall be capable of supporting a weight of iron, suspended in fresh water from the grab lines, of 22.3

kilograms per metre of length along any edge (subject to a minimum of 30 kilograms without immersing

any part of the upper surface of the apparatus.

(iv) The air cases or equivalent buoyancy shall be placed as near as possible to the

sides of the apparatus, and such buoyancy shall not be dependent upon inflation. If the buoyancy is

provided by metal air cases, such air cases shall be of copper, muntz metal or other durable material,

and not more than 1.2 metres in length. If the air cases are more than 750 millimetres in length or

breadth they shall be efficiently stiffened by divisions or stays. They shall be protected from damage by

properly fitted wood casing or sparring and be secured against movement within the casing. No iron

work shall be placed in contact with metal air cases.

(v) The framework of buoyant apparatus shall be of hardwood, but the wood casing

or sparring may be of softwood. The method of securing the corners shall be such as to avoid fastenings

into end grain timber. The interior of the apparatus shall be well ventilated. There shall be no

projections from the apparatus which would prevent it from sliding easily over a ship’s rail during

launching.

(vi) Grab lines shall be fitted all round the apparatus in such a manner as to provide

a number of equal loops corresponding to the number of persons which the apparatus is fit to support.

Each loop shall have a cork or light wood float and the depth of the loop when wet shall not be less than

150 millimetres and not more than 200 millimetres.

On apparatus exceeding 300 millimetres in overall depth, two rows of grab lines

shall be fitted, one having its points of attachment a little below the top of the air cases and as close to

the sides of the air cases as is practicable. On apparatus of 300 millimetres or less in overall depth one

row of grab lines may be attached along the line of the middle of the depth. The grab lines shall be of

rope of not less than 45 millimetres in circumference. They may be attached to the apparatus by being

passed through holes in the framing and being interlaced to prevent movement, or they may be

attached to the apparatus by means of wrought iron or steel fastenings. Whichever method is adopted

the attachment shall be strong enough to permit the apparatus being lifted by the grab lines.

(vii) Buoyant apparatus shall be fitted with a painter.

(viii) Buoyant apparatus shall not exceed 180 kilograms in weight unless suitable

means are provided to enable it to be launched without lifting by hand. If the weight of the apparatus

exceeds 136 kilograms, suitable handles or rings shall be fitted for this purpose.

(ix) Buoyant apparatus shall not be less than 1.05 metres in breadth.

E. Fire Extinguishers

(a) Every vessel fitted with an inboard petrol, paraffin or diesel engine and less than 7.5

metres overall length shall carry in an accessible position one fire extinguisher of 1 kilogram dry powder,

one fire extinguisher of 4.5 litres foam or one fire extinguisher of 900 grams CO2.

(b) Every vessel of less than 7.5 metres overall length fitted with an outboard engine shall

carry in an accessible position one fire extinguisher of 1 kilogram dry powder.

(c) Every vessel fitted with an inboard petrol or paraffin engine, of 7.5 and less than 12

metres overall length shall carry in an accessible position two fire extinguishers of 1 kilogram dry

powder and two fire extinguishers of 9 litres foam or two fire extinguishers of 1.8 kilograms CO2.

(d) Every vessel of 7.5 and less than 12 metres overall length fitted with an outboard engine

shall carry in an accessible position two fire extinguishers of 1 kilogram dry powder and one fire

extinguisher of 9 litres foam or one fire extinguisher of 1.8 kilograms CO2.

(e) Every vessel of 7.5 and less than 12 metres overall length fitted with an inboard diesel

engine shall carry in an accessible position one fire extinguisher of 9 litres foam, and one fire

extinguisher of 1 kilogram dry powder.

(f) Every vessel fitted with an inboard petrol or paraffin engine, of 12 and less than 18

metres overall length, shall carry in an accessible position three fire extinguishers of 1 kilogram dry

powder and three fire extinguishers of 9 litres foam or three fire extinguishers of 1.8 kilograms CO2.

(g) Every vessel of 12 and less than 18 metres overall length fitted with an inboard diesel

engine, shall carry in an accessible position two fire extinguishers of 9 litres foam, and one fire

extinguisher of 1 kilogram dry powder.

(h) Every vessel of 18 metres or more overall length shall carry such number of fire

extinguishers as the Minister may deem sufficient.

(i) Every vessel where twin engines are fitted shall carry such additional fire extinguishers

as the Minister may deem sufficient.

(j) All fire extinguishers shall be kept at all times fit and ready for use.

F. Breathing Apparatus, Smoke Helmets, Smoke Masks and Safety Lamps

(a) Every vessel of 30 metres and more overall length shall carry at least—

(i) one breathing apparatus, one smoke helmet or one smoke mask;

(ii) a life and signalling line at least 3 metres longer than is required to reach from

the deck or elsewhere in clean air to any part of the cargo space, crew space or passenger space, if any;

the line shall be made of hemp-covered wire rope at least 32 millimetres in circumference; the wire

incorporated in the rope shall have a breaking strength of not less than 1 tonne and shall be made of

copper or galvanized steel:

Provided that, in any tanker, rope made without wire, but having a breaking

strength of not less than 1 tonne, may be carried in lieu;

(iii) an adjustable safety belt or harness to which the aforesaid line shall be securely

attached;

(iv) means for protecting the eyes and face against smoke;

(v) a portable self contained electric battery operated lamp capable of functioning

efficiently for a period of at least three hours.

(b) The breathing apparatus, smoke helmet or smoke mask shall each be clearly and

permanently marked with the name of the maker or vendor and the year in which they were

manufactured. Operating instructions in clear and permanent lettering shall be affixed to the said

equipment.

(c) Every vessel of more than 30 metres overall length shall carry at least one fireman’s axe

with a short handle of wood or other well insulated material and a head with a spike as well as a cutting

edge, and a carrying belt. It is recommended that, in addition a long handled axe of the felling type

should be carried as an emergency fire appliance.

(d)

(i) Every vessel shall be provided with fire buckets in accordance with the following

table—

Length of vessels in metresMinimum number of buckets7.5 but less than 151, which shall be fitted with

a lanyard15 but less than 212, one of which shall be fitted with a lanyard21 or more3, two of which shall

be fitted with lanyards;

(ii) Fire buckets must be of about 9 litres capacity and be light and easy to handle,

they shall be painted red and shall be clearly and permanently marked with the word “FIRE”. Every such

bucket shall be kept filled with sand.

G. Pumps, Water Service Pipes, Hydrants and Hoses

In the case of a vessel of 30 metres or more overall length—

(a) fire pumps shall be independently driven;

(b) sanitary, ballast, bilge or general service pumps may be accepted as fire pumps;

(c) the capacity of the pumps designated for fire-fighting purposes shall be at least two

thirds the capacity of the bilge pumps required for the particular vessel;

(d) every fire pump shall be capable of producing at least two powerful jets, and the throw

at any nozzle shall be about 12 metres;

(e) relief valves shall be provided in connexion with all fire pumps and shall be so placed

and adjusted as to prevent excessive pressure in any part of the fire main system;

(f) the diameter of the water service pipes shall be sufficient to ensure an adequate supply

of water for the simultaneous operation of at least two fire hoses, and shall be based on the required

capacity of the pumps designated for fire-fighting purposes;

(g) the number and position of the hydrants shall be such that at least two streams of

water, one of which shall be from a single length of hose, may be directed into any part of the vessel;

(h) the pipes and hydrants shall be so placed that the fire hoses may be easily coupled to

them, and in vessels where deck cargo may be carried, the positions of the hydrants shall be such that

they are always readily accessible, and the pipes shall be arranged as far as practicable to avoid risk of

damage by such cargo;

(i) cocks or valves shall be fitted in such positions on the pipes that any of the fire hoses

may be removed while the fire pumps are at work;

(j) fire hoses shall not exceed 18 metres in length and shall be made of leather, seamless

hemp, closely woven flax canvas, or other suitable material and shall be provided with couplings,

conductors and other necessary fittings, and with a plain nozzle of not less than 13 millimetres diameter

in addition to any spray nozzle required by these Regulations;

(k) every fire hose together with the tools and fittings necessary for its use, shall be kept in

a conspicuous position near the water hydrants or connexions with which it is intended to be used.

H. Bilge Pumping Arrangements

(a) Every vessel of over 7.5 metres overall length shall be provided with efficient pumping

plant capable of pumping from and draining any watertight compartment, other than a space

permanently appropriated for the carriage of fresh water, water ballast or oil and for which other

efficient means of pumping or drainage is provided, under all conditions likely to arise in practice after a

casualty, whether or not the vessel remains upright. Wing suctions shall be provided if necessary for

that purpose. Efficient arrangements shall be provided whereby water in any watertight compartment

may find its way to the suction pipes.

(b) Every vessel shall be provided with bilge pumps in accordance with the following table—

Length of vessel metresMain Engine PumpThe main engine pump may be replaced by one independent

power pump.*Independent Power PumpsHand PumpsThe hand pump may be replaced by one

independent power pump.†Over 7.5 and under 15--115 and under 4511One of the lever type for each

watertight compartment45 and over12One of the lever type for each watertight compartment

(c) Sanitary, ballast and general service pumps may be accepted as independent power

bilge pumps if fitted with the necessary connexions to the bilge pumping system.

(d) Every vessel of 7,5 metres overall length or less shall carry a bailer of not less than 225

millimetres diameter.

INLAND WATERS SHIPPING (SURVEY AND REGISTRATION) REGULATIONS


REGULATION

1. Citation

2. Interpretation

PART I

EXEMPTED VESSELS

3. Application of Part I of Act

PART II

SURVEY AND REGISTRATION OF VESSELS

4. Application for survey and registration

5. Periods for surveys

6. Surveyor’s certificate

7. Registration of vessels


9. Central registry of vessels

PART III

IDENTITY MARKS AND NAMES

10. Identity marks

11. Names

12. Manner in which identity mark or name to be exhibited

13. Offences

PART IV

GENERAL

14. Removal of vessels from the water

15. Duplicate certificate

16. Amendments of certificate of registration

Schedules

G.N. 45/1970

278/1971

126/1977

101/1980

5/1982

124/1983

46/1993

46/1995

93/1996

29/2006

INLAND WATERS SHIPPING (SURVEY AND REGISTRATION) REGULATIONS

under s. 37

1. Citation

These Regulations may be cited as the Inland Waters Shipping (Survey and Registration)

Regulations.

2. Interpretation


“appropriate fee” means the appropriate fee prescribed in the First Schedule;

“appropriate form” means the appropriate form prescribed in the Second Schedule;

“buoyant apparatus” means floatation equipment other than lifebuoys or life-jackets designed

to support persons who are in the water;

“identity mark” means the number allocated to a vessel by the registrar of vessels under

regulation 7.

PART I

EXEMPTED VESSELS

3. Application of Part I of Act

Life-boats or tenders which are carried in or attached to a registered vessel and which are

surveyed during the course of the survey of such vessel and are specified in the survey certificate of such

vessels shall be exempted from separate registration. G.N. 126/1977

PART II

SURVEY AND REGISTRATION OF VESSELS

4. Application for survey and registration

(1) An application for—

(a) the initial survey and registration of a vessel;

(b) the annual survey of a vessel; or

(c) the survey of a vessel where an amendment in the certificate of registration of such

vessel is required and the application is required to be accompanied by a valid surveyor’s certificate

under section 9 (2) of the Act,

shall be made by the owner of such vessel on form A to the Surveyor of Vessels, Ministry of Transport

and Communications, Lilongwe, stating where the vessel is or is to be situated:

Provided that an application for the annual survey of a vessel shall be made not more than four

months nor less than one month before each anniversary of the date of issue of the certificate of

registration.

(2) Application under subregulation (1) shall be accompanied by the appropriate fee.

5. Periods for surveys

(1) Each year the surveyor shall, by notice published in the Gazette, specify the dates and times

when he will be present at the places specified in such notice for the purpose of surveying vessels.

(2) Surveys carried out at a place or at a time other than a place or time specified by the

surveyor shall be at the expense of the applicant who shall pay all costs incurred by the surveyor in

carrying out such survey.

6. Surveyor’s certificate

(1) If the surveyor is satisfied that the vessel is seaworthy and is equipped in accordance with

the Act, he shall issue a surveyor’s certificate by completing the reverse side of form A.

(2) The surveyor shall forward the surveyor’s certificate and in the case of a first registration,

four copies of form B duly completed on the obverse side to the registrar of vessels at the nearest port

of registry and shall retain a fifth copy of form B for his records.

(3) A surveyor’s certificate shall be valid for one year from the date of survey.

7. Registration of vessels

(1) Upon receipt of the surveyor’s certificate and the four copies of form B the registrar of

vessels shall issue the owner with a certificate of registration by completing the reverse side of form B.

(2) The registrar of vessels shall, on first issuing a certificate of registration, allocate to the vessel

an identity mark.

(3) The continued validity of a certificate of registration shall be subject to the production to the

registrar of vessels of a valid surveyor’s certificate on or before each anniversary of the date of issue of

such certificate of registration.

(4) One copy of the certificate of registration shall be displayed in the vessel in respect of which

such certificate was issued and the original shall be kept by the owner.


The register of vessels referred to in section 6 of the Act shall consist of the copy of form A sent

to the registrar of vessels by the surveyor and one copy of form B duly completed by such registrar on

the reverse side.

9. Central registry of vessels

(1) A central registry of vessels shall be established and maintained at the Ministry.

(2) The central registry shall retain the third copy of form B sent to the registrar of vessels by the

surveyor, duly completed by such registrar and sent by him to the Ministry.

(3) The central registry shall also record such statistics of other vessels operating on inland

waters as the Secretary may consider necessary.

PART III

IDENTITY MARKS AND NAMES

10. Identity marks

(1) The identity mark allocated to a vessel shall not be required to be exhibited by a vessel of

over fifty tons. G.N. 5/1982

(2) The identity mark allocated to a vessel of fifty tons or less shall be clearly and legibly

exhibited by such vessel upon each side of her bows so that there shall be not less than 75 millimetres

and not more than 125 millimetres between the top of the identity mark and the top of the uppermost

continuous strake, and—

(a) in the case of a vessel of between fifty metric tons and fifteen metric tons, the identity

mark shall be 225 millimetres in height;

(b) in the case of a vessel of less than fifteen tonnes but more than five tonnes, the identity

mark shall be 150 millimetres in height;

(c) in the case of a vessel of five tonnes or less, the identity mark shall be 75 millimetres in

height;

(d) in the case of a sailing vessel, the identity mark shall, in addition, be exhibited upon each

side of the mainsail of such vessel;

(e) in no case shall the width of the stroke be less than 13 millimetres.

(3) Life-boats and tenders which have not been registered separately and which are carried in or

attached to a vessel shall bear the identity mark allocated to the vessel in which they are carried or to

which they are attached. The number of each life-boat shall be painted on each side of the bows, e.g.

“starboard life-boat No. 1” and “port side life-boat No. 2;”, etc.

11. Names

(1) A vessel of over fifty tonnes shall have her name on each side of the bows and her name and

port of registry on the stern in letters of not less than 150 millimetres in height. G.N. 5/1982

(2) A vessel of fifty metric tons or less which has been registered under Part I of the Act shall

have her name, if any, and port of registry on the stern in letters of not less than 75 millimetres in

height. (3) life-buoys and buoyant apparatus shall bear the name of the vessel in which they are carried.

12. Manner in which identity mark or name to be exhibited

The identity mark or name to be exhibited on a vessel shall—

(a) be painted in white paint on a dark background; or

(b) be painted in black paint on a light background, and shall not be defaced, covered or

concealed in any manner whatsoever.

13. Offences

The owner of any vessel which fails to comply with the requirements of this Part shall be guilty

of an offence and shall be liable to a fine of K50.

PART IV

GENERAL

14. Removal of vessels from the water

If, in the opinion of a surveyor, a vessel cannot properly be surveyed without being removed

from the water, the surveyor may require the owner to remove such vessel from the water.

15. Duplicate certificate

If any certificate of registration or surveyor’s certificate has been lost or destroyed the issuer of

such certificate shall issue a duplicate certificate—

(a) if the issuer requires the production of an affidavit setting out the fact of the loss and

the circumstances connected therewith, upon receipt of such affidavit; and

(b) upon receipt of the appropriate fee.

16. Amendments of certificate of registration

When a certificate of registration is required to be amended in accordance with section 9 of the

Act, such certificate, on being submitted by the owner to the registrar of vessels for amendment, shall

be accompanied by the appropriate fee. G.N. 126/1977

FIRST SCHEDULE reg. 2 and 4 (2), G.N. 126/1977, 101/1980, 124/1983, 46/1993, 46/1995, 93/1996,

53/2000, 29/2006

FEES

K t1. For the survey of—(a)a vessel of 100 tonnes or more 70,00000(b)a vessel of less than 100 tonnes

but not less than 15 tonnes 60,00000(c)a decked vessel of less than 15 tonnes not, propelled by oars,

paddles or poles or an outboard engine20,00000(d)an open or half-decked vessel of less than 15 tonnes

not propelled by oars, paddles, or poles or an outboard engine16,0000(e)a vessel of less than 15 tonnes

propelled by oars, paddles or poles, or an outboard engine8,000002.For the registration of a

vessel3,000003.For the issue of a duplicate certificate1,500004.For the amendment of a Certificate of

Registration 1,00000

SECOND SCHEDULE reg. 4

(OBVERSE)

FORM A


(CAP. 71:01)

APPLICATION FOR THE SURVEY AND REGISTRATION OF A VESSEL

(To be completed in triplicate)

To: The Surveyor of Vessels

........................

(Port of registry)

(Delete where inapplicable)*I/We,

..........................................................................................................

(full name in block capitals)

of .............................................................................................................

(business address)

and ............................................................................................................

(residential address)

the owner(s) of the vessel described below, do hereby apply for—

(a) the survey of that vessel for—

(i) first registration;

(ii) an alteration in the dimensions, superstructure or tonnage or a permanent

alteration in the method of propulsion of the vessel or the addition of a superstructure to the vessel;

(iii) change of use;

(b) registration of that vessel by the registrar of vessels at

..............................................................

(port of registry)

in accordance with Part I of the Inland Waters Shipping Act.

Description of vessel—

(a) name of vessel ..............................................................................................

(b) location of vessel awaiting survey ...............................................................................

(c) purpose for which and area in which it is intended to use vessel

.......................................................

(d) built by ....................................................................................................

(e) date of construction ..........................................................................................

Date ...................................................................(Signature of owner)

(REVERSE)


(CAP. 71:01)

SURVEYOR’S CERTIFICATE

To: The Surveyor of Vessels

.......................

(Port of registry)

I certify that the vessel described overleaf and in accordance with form B No. ........... has been

surveyed by me and found to be seaworthy and in a fit and proper condition to perform the services set

out in Part III of that form.

This certificate is valid for a period of one year from .................................................................

(date of survey)

...............................

(Signature of Surveyor of Vessels)

(Delete where inapplicable)*I/We,

..........................................................................................................

(full name in block capitals)

of .............................................................................................................

(business address)

and ............................................................................................................

(residential address)

the owner(s) of the vessel described below, do hereby apply for—

(a) the survey of that vessel for—

(i) first registration;

(ii) an alteration in the dimensions, superstructure or tonnage or a permanent

alteration in the method of propulsion of the vessel or the addition of a superstructure to the vessel;

(iii) change of use;

(b) registration of that vessel by the registrar of vessels at

..............................................................

(port of registry)

in accordance with Part I of the Inland Waters Shipping Act.

Description of vessel—

(a) name of vessel ..............................................................................................

(b) location of vessel awaiting survey ...............................................................................

(c) purpose for which and area in which it is intended to use vessel

.......................................................

(d) built by ....................................................................................................

(e) date of construction ..........................................................................................

Date.........................(Signature of owner)

(REVERSE)


(CAP. 71:01)

SURVEYOUR’S CERTIFICATE

To: The Registrar of Vessels

........................

(Port of registry)

I certify that the vessel described overleaf and in accordance with form B No. ..... has been

surveyed by me and found to be seaworthy and in a fit and proper condition to perform the services set

out in Part III of that form.

This certificate is valid for a period of one year from ......................................................................

(date of survey)

..............................

(Signature of Surveyor of Vessels)

(OBVERSE)

FORM B

Number ......................


(CAP. 71:01)

DETAILS OF VESSEL

PART I

PURPOSE OF SURVEY

The purpose of this survey is for—

(a) first registration;

(b) annual survey;

(c) alteration in the tonnage, dimensions or method of propulsion of the vessel;

(d) change of use.

(delete where inapplicable)

PART II

DESCRIPTION OF VESSEL

Name of vessel .............................. Date of construction ...................................................

Builders ........................................................................................................

Full name of owner(s) .............................................................................................

Residential and business addresses of owner(s) .......................................................................

...............................................................................................................

Full name, address and details of any other person with an interest in the vessel

..............................................

...............................................................................................................

Port of registry .......................................... Identity mark .............................................

Type of construction ..............................................................................................

Method of propulsion ..............................................................................................

Tonnage .......................... Length overall ........................... Breadth ...............................

Depth ............................ Girth ....................... Hull condition ......................................

Freeboard (minimum) when loaded to full permissible capacity

............................................................

Hand-pumps (number and type) .................................... condition ........................................

Fire buckets (number) ............................... Bailers (number) ...............................................

Sand boxes (number) ................ Fire extinguishers (number and type) ................... Oars

(number) .............. Anchors (number) ......................Cable (length, condition and cross-sectional

diameter of links) ..........................

Navigation lights (number and type) ..................................................................................

Sound signals (number and type) ....................................................................................

Life-boats (number and type) ................................................................................. to carry

(number of persons) ..............................................................................................

Life-jackets (number of persons) ....................................................................................

Buoyant apparatus (number and type) .............................................................................. to

carry (number of persons) ..........................................................................................

Machinery (items and condition) .....................................................................................

...............................................................................................................

PART III

SERVICES FOR WHICH VESSEL IS TO BE USED

Nature of services ................................................................................................

Limits of operations ...............................................................................................

Number of crew ..................................................................................................

Maximum number of passengers ....................................................................................

Maximum cargo (deadweight tons) ...................................................................................

Standards of competency: Master ................................................................................

Mate

..................................................................................

Engineer

...............................................................................

...................................................................... (Date) (Signature of Surveyor of

Vessels)

(REVERSE)


(CAP. 71:01)

REGISTRATION CERTIFICATE

I hereby certify that the vessel ......................................................................................

(name of vessel)

described overleaf has been registered to perform ......................................................................

(nature of services)

with effect from the ....................................................., 20 .............

The identity mark allocated to the vessel is ............................................................................

...........................

(Registrar of Vessels)

Place of registry ..........................

AMENDMENTS

1. Date ................................................. Port of registry ...........................................

........................



......................



......................


INLAND WATERS SHIPPING (LOG-BOOKS) REGULATIONS


REGULATION

1. Citation

2. Keeping of log-books


G.N. 46/1970

INLAND WATERS SHIPPING (LOG-BOOKS) REGULATIONS

under s. 37

1. Citation

These Regulations may be cited as the Inland Waters Shipping (Log-Books) Regulations.

2. Keeping of log-books

(1) The master of a vessel authorized by the surveyor’s certificate to carry more than 25

passengers or any power driven vessel of ten tonnes or more shall keep a log-book in such vessel.

(2) The master of a vessel referred to in subregulation (1) shall enter in such log-book particulars

of all matters relating to the operation of such vessel and in particular details of—

(a) any offence committed on board such vessel by a member of the crew and any findings

of a court in connexion therewith;

(b) any illness or injury suffered by the master or a member of the crew;

(c) the discharge, resignation, retirement or death of a member of the crew;

(d) any shipping casualty deemed to have occurred in accordance with section 30 (1) of the

Act.

(3) Any entry in a log-book shall be made as soon as possible after the event to which it relates

and shall be dated to show the date of such event and of the entry.

3. offences and penalties

Any person who destroys, mutilates or renders illegible an entry in a log-book or makes,

procures to be made or assists in making a false or fraudulent entry in or omission from a log-book, shall

be liable to a fine of K100.

INLAND WATERS SHIPPING (DESIGNATION OF AREAS AS HARBOURS) NOTICE

under s. 37

G.N. 178/1972

170/1974

6/1982

The Minister has designated the undermentioned areas as harbours for the purposes of the Act.

SCHEDULE

MONKEY BAY

Commencing from a water tank point (1), which is in a position distance 1439 metres

approximately on a bearing of 173.5(T) from Tumbi Island light beacon in a straight line to point (2)

distance 503 metres on a bearing of 270°(T); thence in a straight line to point (3) distance 384 metres on

a bearing of 102°(T); thence to point (1) distance 313 metres on a bearing of 168° 5’.

CHIPOKA

Commencing from Malawi Railways Rest House point (1), in a straight line to point (2) distance

610 metres on a bearing of 76° (T); thence in a straight line to point (3) distance 427 metres on a bearing

of 347°(T); thence in a straight line to point (4) distance 564 metres on a bearing of 255°(T); thence to

point (1) distance 404 metres on a bearing of 173° 03’(T).

NKHATA BAY

Commencing from point (1) a Flagstaff (FS) on Chirundu Point in a straight line to point (2)

distance 366 metres bearing 226°(T); thence in a straight line to point (3) distance 238 metres on a

bearing of 314°(T); thence in a straight line to point (4) distance 393 metres on a bearing of 51°(T);

thence in a straight line to point (1) a Flagstaff (FS) on Chirundu Point distance 204 metres on a bearing

of 141°(T).

CHILUMBA

Commencing from point (1) in a position 10° 25’ 13"S, 34° 15’ 35"E in a straight line on bearing

of 356°(T) to point (2) 10° 25’ 00"S, 34° 15’ 35"E distance 549 metres; thence to point (3) 10° 24’ 48"S,

34° 14’ 56"E on bearing of 306°(T) distance 1128 metres; thence in a straight line to point (4) 10° 25’

03"S, 34° 14’ 56"E on bearing of 176°(T) distance 549 metres; thence to point (1) distance 1128 metres

on bearing of 125°(T).