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

Regulations

Marine Traffic (Inshore Vessel Traffic Services) Regulations, 2000

1. Definitions

Purchase

In these regulations, any word or expression given a meaning in the Act shall have that meaning and, unless the context indicates otherwise—

"berth"

includes a wharf, quay, dock, pier, anchorage or mooring buoy;

"contravene"

includes failing or refusing to comply; and "contravention" has a corresponding meaning;

"departure manoeuvre"

means an operation during which a ship leaves a berth and gets safely under way;

"fishing vessel"

means a ship that is used for the purpose of catching fish or other living resources of the sea for financial gain or reward;

"harmful substance"

includes—

(a)	goods classified in the International Maritime Dangerous Goods (IMDG) Code, published by the Organization, as amended from time to time;

(b)	substances listed in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code), published by the Organization, as amended from time to time;

(c)	substances listed in chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code), published by the Organization, as amended from time to time;

(d)	oils as defined in Annex I of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the 1978 Protocol, as amended from time to time;

(e)	noxious liquid substances as defined in Annex II of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the 1978 Protocol, as amended from time to time;

(f)	harmful substances as defined in Annex III of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the 1978 Protocol, as amended from time to time; and

(g)	radioactive materials specified in the Code for the Safe Carriage of Irradiated Nuclear Fuel, Plutonium and High-level Radioactive Wastes in Flasks on board Ships (INF Code), published by the Organization, as amended from time to time;

"length"

means—

(a)	in the case of a registered vessel, the length shown in the certificate of registry;

(b)	in the case of a vessel licensed in terms of section 68 of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), the length shown in the licence; and

(c)	in the case of a vessel that is not registered or licensed, the horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the hull;

"manoeuvre"

means any ship movement that may be detrimental to safe navigation, and includes—

(a) a compass adjustment;

(b) the calibration and servicing of navigational aids;

(d) a dredging operation; and

(e) the laying, picking up and servicing of submarine cables;

"marine traffic regulator"

means the person designated by the Authority pursuant to regulation 4 in respect of the vessel traffic services zone concerned;

"passenger" and "passenger ship"

have the meanings given in section 2(1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951);

"pleasure yacht"

means a ship, however propelled, that is used solely for sport or recreation and does not carry more than 12 passengers;

"South African waters"

means the internal waters and the territorial waters referred to in sections 3 and 4 respectively of the Maritime Zones Act, 1994 (Act No. 15 of 1994);

"sport or recreation"

has the meaning given in section 2(1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951);

"the Act"

means the Marine Traffic Act, 1981 (Act No. 2 of 1981);

"the Organization"

means the International Maritime Organization;

"traffic clearance"

means a traffic clearance given pursuant to regulation 5(1)(a);

"vessel traffic services zone"

means an inshore vessel traffic services zone referred to in regulation 3.