| (i) |
for and in connection with, including the approval of, the books, forms and other documents to be used for the convenient and effective carrying out of the provisions of this Act, and of the particulars which shall be contained therein; |
[Section 356(1)(i) substituted by section 15(a) of Act No. 23 of 1997]
| (ii) |
prescribing the powers and duties of officers or other persons employed in the administration of this Act; |
| (iii) |
prescribing the services rendered or work done in pursuance of this Act for which fees shall be paid, the amount of such fees, and when and by whom such fees shall be paid; |
| (iv) |
[Section 356(1)(iv) deleted by item 23(a) (Schedule 2) of Act No. 58 of 1998] |
| (v) |
[Section 356(1)(v) deleted by item 23(a) (Schedule 2) of Act No. 58 of 1998] |
| (vi) |
as to the procedure to be followed in the event of a certificate issued under this Act being mislaid, lost or destroyed; |
| (vii) |
[Section 356(1)(vii) deleted by item 23(a) (Schedule 2) of Act No. 58 of 1998] |
| (viii) |
[Section 356(1)(viii) deleted by item 23(a) (Schedule 2) of Act No. 58 of 1998] |
| (ix) |
prescribing the manner in which a ship shall be inspected, surveyed and measured for any purpose under this Act, and the particulars and statements which shall be contained in the report or certificate of a surveyor; |
| (x) |
prescribing the minimum numbers of the several classes of seafarers required to be engaged as part of the crew of a ship; |
[Section 356(1)(x) substituted by section 29(k) of Act No. 12 of 2015]
| (xi) |
prescribing what proportion of any of the several classes of seafarers comprising the crew of a South African ship shall be South African citizens; |
[Section 356(1)(xi) substituted by section 29(k) of Act No. 12 of 2015]
| (xii) |
prescribing the qualifications which any person employed on board a ship in a particular capacity is required to hold; |
| (a) |
the scope and conduct of examinations to be passed by a person desiring the grant under this Act of a certificate of competency or qualification as of any description testifying to his ability to perform work or duties of a particular kind on board a ship, and the standards required for passing; |
[Section 356(1)(xiii)(a) substituted by section 27(a) of Act No. 57 of 1998]
| (b) |
the age and qualifications of the candidates, including the service at sea and other service which they must have performed and the training which they must have undergone; |
| (c) |
the fees to be paid by candidates for examination; and |
| (d) |
the qualifications of examiners and the conditions under which they are appointed, including the remuneration to be paid to them; |
| (xiiiA) |
regulating the recognition of certificates of competency or service granted by other competent authorities; |
[Section 356(1)(xiiiA) inserted by section 27(b) of Act No. 57 of 1998]
| (xiiiB) |
as to the approval by specified persons of seafarer training institutions and training courses; |
[Section 356(1)(xiiiB) inserted by section 27(b) of Act No. 57 of 1998]
| (xiv) |
as to the inspection of certificates which in terms of this Act any person employed on board a ship in any particular capacity is required to hold; |
| (xv) |
prescribing the classes of South African ships on which cadets may be employed as such, the maximum number of cadets which may be employed as such on different classes of South African ships; |
[Section 356(1)(xv) substituted by section 27(a) of Act No. 12 of 2015]
| (xvi) |
regulating the manner and extent to which a ship shall be manned; |
| (xvii) |
as to the medical examination of persons engaged to serve in ships, including the particulars to be contained in medical certificates; |
| (xviii) |
as to the relief, maintenance and return to a proper return port of shipwrecked seafarers and seafarers found otherwise in distress in any place outside the Republic; |
[Section 356(1)(xviii) substituted by section 29(g) of Act No. 12 of 2015]
| (xx) |
prescribing the class or classes of ships on which qualified and approved medical practitioners shall be employed as such; |
| (xxi) |
as to the licensing and conduct and inspection of houses in which seafarers are lodged, the charges that may be made in such houses for food and lodging, and the payment of fees for such licences; |
[Section 356(1)(xxi) substituted by section 29(g) of Act No. 12 of 2015]
| (xxii) |
providing for the care and treatment of sick seafarers (including masters) in hospitals, and for the recovery of expenses in connection therewith; |
[Section 356(1)(xxii) substituted by section 27(b) of Act No. 12 of 2015]
| (xxiii) |
providing for the maintenance by the master in respect of every seafarer on his ship of a card on which shall be made a copy of every entry made in respect of the seafarer in the official log-book in terms of paragraph (d) of section one hundred and eighty-three; |
[Section 356(1)(xxiii) substituted by section 29(i) of Act No. 12 of 2015]
| (xxiv) |
providing for the vaccination against smallpox and the inoculation against yellow fever and typhoid fever of seafarers (including masters) at the expense of the owner of the ship on which they serve; |
[Section 356(1)(xxiv) substituted by section 27(c) of Act No. 12 of 2015]
| (xxv) |
prescribing the precautions to be taken in connection with the design and construction of ships and in respect of other matters to prevent the entrance of rats into ships; |
| (xxvi) |
as to the ventilation to be provided when coal is loaded or carried in a ship as cargo or ballast; |
| (xxvii) |
as to the dissemination of information concerning dangers to navigation; |
| (xxviii) |
prescribing what signals are to be regarded as signals of distress, and the circumstances in and the purposes for which such signals are to be used; |
| (xxix) |
as to the examination and licensing of adjusters of compasses; |
| (xxx) |
prescribing the class or quantity of goods which may be carried in ships, and the manner in which such goods may be so carried; |
| (xxxi) |
as to the carriage of ballast and the precautions to be taken to prevent shifting thereof; |
| (xxxii) |
as to the conditions governing the installation, working and use of any anchors, chains, cables, and loading and discharging gear and any other machinery whatsoever on board or in connection with ships, and the strength and quality thereof, and the precautions to be taken to prevent persons being injured thereby or by falling articles; |
| (xxxiii) |
prescribing with what radio and other navigational aids ships must be provided; |
| (xxxiv) |
as to the inspection of equipment on ships; |
| (xxxv) |
prescribing rules to be followed in respect of— |
| (a) |
the convening of courts of marine enquiry, maritime courts and courts of survey; |
| (c) |
the noting and prosecution of appeals from courts of marine enquiry of maritime courts to High Courts, |
and prescribing the procedure to be followed by courts of marine enquiry, maritime courts, courts of survey and experts to whom appeals are referred under section two hundred and eighty-two;
[Section 356(1)(xxxv) substituted by section 42(b) of Act No. 30 of 1959]
(xxxv)
| bis |
is empowering courts of marine enquiry or maritime courts to order the payment of compensation by persons who have made frivolous or unjustified complaints, and empowering such courts, courts of survey or experts to whom appeals have been referred under section two hundred and eighty-two to make orders as to costs, including the costs incurred by the State in connection with the convening of such courts, the appointment of the members of such courts or of the experts and in connection with any investigation made by such courts or experts, and the costs incurred by the parties; |
[Section 356(1)(xxxv)bis inserted by section 42(b) of Act No. 30 of 1959]
(xxxv)
| ter |
prescribing the scales according to which costs shall be calculated, and providing for the taxation or assessment of costs; |
[Section 356(1)(xxxv)ter inserted by section 42(b) of Act No. 30 of 1959]
(xxxv)
| (a) |
the enforcement of judgements pronounced by High Courts on appeals from courts of marine enquiry or maritime courts; and |
| (b) |
the enforcement of orders for the payment of compensation made by courts of marine enquiry or maritime courts and for the payment of costs made by such courts, courts of survey or experts to whom appeals have been referred under section two hundred and eighty-two; |
[Section 356(1)(xxxv)quat inserted by section 42(b) of Act No. 30 of 1959]
| (xxxvi) |
prescribing the standards of seaworthiness to be observed in respect of vessels to which the Safety Convention does not apply, and regarding the marking and inspection of such vessels and the life-saving appliances and first-aid apparatus with which such vessels shall be equipped; |
[Section 356(1)(xxxvi) substituted by section 11(a) of Act No. 5 of 1976]
(xxxviA)
| (a) |
requiring such life-saving appliances to comply with specifications determined by the South African Bureau of Standards mentioned in the Standards Act 29 of 1993; |
[Section 356(1)(xxxviA)(a) substituted by section 15(b) of Act No. 23 of 1997]
| (b) |
determining the circumstances under which such life-saving appliances shall for the purposes of this Act be deemed to comply with such specifications; |
[Section 356(1)(xxxviA) inserted by section 11(b) of Act No. 5 of 1976]
| (xxxvii) |
prescribing the period of pre-sea training required of seafarers; |
[Section 356(1)(xxxvii) substituted by section 27(d) of Act No. 12 of 2015]
| (xxxviii) |
requiring ships, vessels or other craft which are not by this Act required to comply with any of its provisions, to comply with such of the said provisions as may be specified, subject to such exemptions, restrictions or modifications as may be prescribed; |
| (xxxix) |
prescribing the class or classes of ships on which supplies of antiscorbutics, medicines and appliances for the treatment and prevention of diseases and accidents likely to occur at sea and of first-aid equipment are to be carried; |
[Section 356(1)(xxxix) substituted by section 11(c) of Act No. 5 of 1976]
| (xl) |
prescribing scales according to which supplies of antiscorbutics, medicines and appliances for the treatment and prevention of diseases and accidents likely to occur at sea and of first-aid equipment are to be carried on board a ship of a prescribed class; |
[Section 356(1)(xl) substituted by section 11(c) of Act No. 5 of 1976]
| (xlA) |
as to the design, construction, operation, use and maintenance of dynamically supported craft and any other matter which may be reasonably necessary for the safe and orderly operation of such craft; |
[Section 356(1)(xlA) substituted by section 15(c) of Act No. 23 of 1997]
| (xli) |
as to the design, manufacture, construction, installation, operation, use, handling, alteration, repair, maintenance and conveyance of machinery and safety equipment on vessels; |
[Section 356(1)(xli) substituted by section 32(b) of Act No. 18 of 1992]
| (xliA) |
as to the safety equipment and other facilities to be provided or installed on vessels by employers, owners and users, the persons to whom they are to be provided and the circumstances in which they are to be provided or installed and the application thereof; |
[Section 356(1)(xliA) inserted by section 32(b) of Act No. 18 of 1992]
| (xliB) |
as to the safety measures to be taken in relation to vessels by employers, employees, owners and users; |
[Section 356(1)(xliB) substituted by section 15(d) of Act No. 23 of 1997]
| (xliC) |
as to the performance of work on vessels in hazardous or potentially hazardous conditions or circumstances; |
[Section 356(1)(xliC) inserted by section 32(b) of Act No. No. 18 of 1992]
| (xliD) |
as to the first-aid and medical equipment to be kept available on vessels by owners, employers and users, the places where such equipment are to be kept, the requirements with which such equipment shall comply, the inspection of such equipment, the application of first-aid and the qualifications which persons applying first-aid shall possess; |
[Section 356(1)(xliD) inserted by section 32 of Act No. 18 of 1992]
| (xliE) |
as to the compilation by employers of safety directives in respect of vessels, the matters to be dealt with in such directives and the manner in which such directives shall be brought to the attention of employees and other persons at a workplace; |
[Section 356(1)(xliE) inserted by section 32(b) of Act No. 18 of 1992]
[Section 356(1)(xliF) inserted by section 32(b) of Act No. 18 of 1992]
| (xliG) |
as to the duties of owners, masters and employers; |
[Section 356(1)(xliG) inserted by section 32(b) of Act No. 18 of 1992]
| (xli)bis
|
[Section 356(1)(xli)bis deleted by item 23(a) (Schedule 2) of Act No. 58 of 1998] |
| (xlii) |
prescribing such other matters as are necessary or useful to be prescribed for carrying out the purposes of this Act. |
[Section 356(1)(xlii) inserted by section 6(b) of Act No. 24 of 1974]
[Section 356(1) substituted by section 42(a) of Act No. 30 of 1959]
| (2) |
The Minister may make such notifications, declarations and regulations as may be reasonably necessary to give effect, subject to such exemptions, restrictions and modifications as may be desirable, to the provisions of— |
| (a) |
the Safety Convention; |
The regulations made under this subsection may include other and more extensive provisions than those contained in the said conventions, provided they relate to the same or similar matters as are dealt with in the said conventions.
[Section 356(2) substituted by section 27(e) of Act No. 12 of 2015]
| (3) |
The Minister may by regulation apply, subject to such exemptions, restrictions and modifications as may be desirable, any of the regulations made under subsection (2), to ships to which and in circumstances in which the provisions of the conventions mentioned in that subsection do not apply. |
[Section 356(3) substituted by section 15(e) of Act No. 23 of 1997]
(4)
| (a) |
Any regulation made under subsection (1) or (2) may make provision in terms of any document which the Minister or any person considers relevant from time to time, without stating the text thereof, by mere reference to the number, title and year of issue of that document or to any other particulars by which that document is sufficiently identified. |
| (b) |
References in the regulations to any such document shall, unless expressly stated otherwise, be references to that document as revised or re-issued from time to time. |
| (c) |
A copy of the complete text of each such document, as revised or re-issued from time to time, shall be kept at such places in the Republic as the Authority directs and shall be available for public inspection. |
| (d) |
The provisions of section 31 of the Standards Act, 1993 (Act No. 29 of 1993), shall not affect the operation of this section. |
[Section 356(4) inserted by section 27(c) of Act No. 57 of 1998]
| (5) |
Any regulations made under subsections (1) and (2) may prescribe penalties for contravention thereof or failure to comply therewith, of a fine, or imprisonment for a period not exceeding one year: Provided that if by any such regulation a penalty is prescribed for any act or omission for which a different penalty is prescribed by section three hundred and thirteen or three hundred and twenty-three, the provisions of the said sections shall prevail. |
[Section 356(5) substituted by section 32(c) of Act No. 18 of 1992]
| (6) |
Different regulations may be made under subsections (1) and (2) in respect of ships falling within different classes or categories or of different tonnage or in respect of ships built before or after a date stated in the regulations. |
| (7) |
[Section 356(7) deleted by item 23(b) of Act No. 58 of 1998] |
Public Service Commission Act, 1997
