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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 3 : Maritime Security Plans

Division 2 - Complying with other plans

42. Complying with maritime security plans of other participants

 

(1) A maritime industry participant must not engage in conduct that hinders or obstructs compliance with the maritime security plan of another maritime industry participant.

 

(2) If—
(a) a maritime security plan (the covering plan ) for a maritime industry participant covers the activities of another maritime industry participant; and
(b) the other participant—
(i) is not required to have a maritime security plan; and
(ii) has been given the relevant parts of the covering plan,

the other maritime industry participant must take all reasonable steps to comply with the covering plan.

 

(3) If—
(a) a maritime security plan (the covering plan) for a maritime industry participant covers the activities of another maritime industry participant; and
(b) the other participant—
(i) is required to have a maritime security plan; and
(ii) has been given the relevant parts of the covering plan; and
(iii) has agreed in writing to those activities being covered by the covering plan,

the other maritime industry participant must take all reasonable steps to comply with the covering plan.

 

(4) If a maritime industry participant contravenes subregulation (1), (2) or (3), the participant does not commit an offence but may be subject to an enforcement order.