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Marine Traffic Act, 1981 (Act No. 2 of 1981)

1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"Authority"

means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998);

[Definition inserted by section 2 (Schedule item 49(a)) of Act No. 5 of 1998]

 

"authorized person"

means—

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

[Definition substituted by section 2 (Schedule item 49(b)) of Act No. 5 of 1998]

 

"Director-General"

means the Director-General: Transport or any officer of the Department of Transport acting on his authority;

[Definition substituted by section 19(b) of Act No. 23 of 1997]

 

"exclusive economic zone"

means the exclusive economic zone referred to in section 7 of the Maritime Zones Act 1994 (Act No. 15 of 1994);

[Definition inserted by section 19(c) of Act No. 23 of 1997]

 

"fishing harbour"

means a fishing harbour as defined in section 1 of the Sea Fishery Act, 1988 (Act No. 12 of 1988);

[Definition substituted by section 19(d) of Act No. 23 of 1997]

 

"foreign"

in relation to any ship, submarine or other underwater vehicle, means a ship, submarine or other underwater vehicle not having South Africa nationality by virtue of section 3 of the Ship Registration Act, 1998 (Act No. 58 of 1998);

[Definition substituted by section 60(b) (Schedule 2 item 25) of Act No. 58 of 1998]

 

"harbour"

means a harbour of which Transnet Limited has become the owner in terms of section 3 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989);

[Definition substituted by section 19(f) of Act No. 23 of 1997]

 

"immobilize"

means to render a ship temporarily incapable of sailing or manoeuvring under its own power;

[Definition inserted by section 1(d) of Act No. 5 of 1983]

 

"innocent passage"

means passage which is not prejudicial to the peace, good order or security of the Republic;

 

"internal waters"

excludes those waters in respect of which the right of innocent passage exists by virtue of section 3(3) of the Maritime Zones Act 1994;

[Definition substituted by section 19(g) of Act No. 23 of 1997]

 

"lay-up"

means to anchor or moor a ship which is temporarily withdrawn from service;

[Definition inserted by section 1(f) of Act No. 5 of 1983]

 

"master"

in relation to any ship, means any person (other than a pilot) having charge or command of such ship;

[Definition substituted by section 1(g) of Act No. 4 of 1983]

 

"Minister"

means the Minister of Transport;

[Definition substituted by section 19(h) of Act No. 23 of 1997]

 

"offshore installation"

means any of the following situated within the internal waters, territorial waters or the exclusive economic zone or on or above the continental shelf:

(a) Any installation, including a pipeline, which is used for the transfer of any substance to or from—
(i) a ship;
(ii) a research, exploration or production platform; or
(iii) the coast of the Republic;
(b) any exploration or production platform used in prospecting for or the mining of any substance;
(c) any exploration or production vessel used in prospecting for or the mining of any substance;
(d) a telecommunications line as defined in section 1 of the Post Office Act, 1958 (Act No. 44 of 1958);
(e) any vessel or appliance used for the exploration or exploitation of the seabed;

[Definition substituted by section 19(i) of Act No. 23 of 1997]

 

"passage"

means navigation through the territorial waters in a continuous and expeditious manner for the purpose of—

(a) traversing those waters without entering internal waters or calling at a roadstead or offshore installation outside internal waters; or
(b) proceeding to or from internal waters or a call at any such roadstead or offshore installation,

[Paragraph (b) substituted by section 19(k) of Act No. 23 of 1997]

and includes stopping and anchoring, in so far as such stopping or such anchoring is incidental to ordinary navigation or is rendered necessary by vis major or distress or is for the purpose of rendering assistance to persons, ships or aircraft in danger or distress;

[Definition of passage substituted by section 19(j) of Act No. 23 of 1997]

 

"regulation"

means a regulation made under section 14;

 

"safety zone"

means—

(a) the area within a distance of 500 m measured outward from any point on the exterior side of an offshore installation referred to in paragraphs (a) and (b) of the definition of offshore installation (other than a pipeline); or
(b) the area determined by the Minister under section 8C;

[Definition inserted by section 19(l) of Act No. 23 of 1997]

 

"ship"

means a waterborne craft or structure of any type irrespective of the manner of propulsion or movement thereof, including a non-displacement craft and a submarine or other underwater vehicle, but does not include a vessel propelled by oars;

[Definition substituted by section 1(j) of Act No. 5 of 1983]

 

"territorial waters"

includes those waters in respect of which the right of innocent passage exists by virtue of section 3(3) of the Maritime Zones Act 1994.

[Definition substituted by section 19(m) of Act No. 23 of 1997]