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

Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets

158. Refrigerating chamber

 

(1) Subject to the provisions of subsections (2) and (3), the owner of every foreign-going South African ship shall cause her to be provided with a mechanically cooled refrigerating chamber of such capacity and design as to be capable of preserving in good condition fresh meat and other similar perishable foods prescribed for the consumption of the seafarers between the principal ports of supply on the projected voyage of the ship.

[Section 158(1) substituted by section 29(g) of Act No. 12 of 2015]

 

(2) If the Authority is satisfied—
(a) from a report of a surveyor that in the case of a ship built before the coming into operation of this section the provision of a refrigerating chamber is impracticable; or
(b) in the case of a ship built before or after the coming into operation of this section, the purpose of this section will, by reason of the small tonnage of the ship or the nature or conditions of the projected voyage of the ship, be secured by the provision of a refrigerator instead of a refrigerating chamber,

it may direct that a refrigerator of a capacity and design approved by it be provided instead of a refrigerating chamber.

[Section 158(2) substituted by section 2(2) of Act No. 5 of 1998]

 

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

[Section 158(3) substituted by section 2(2) of Act No. 5 of 1998]

 

(4) If a proper officer or surveyor finds on inspecting any foreign-going South African ship which has not been exempted under subsection (3), that the provisions of subsection (1) or any direction given in respect of that ship under subsection (2), as the case may be, is not being complied with, he may cause the ship to be detained until the subsection or the direction, as the case may be, is complied with.