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

Regulations

Maritime Occupational Safety Regulations, 1994

Chapter I : General

1. Definitions

Purchase

In these regulations any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned to it and, unless the context otherwise indicates—

"access equipment"

means any equipment which is used to gain access to or from a vessel, and includes any gangway, accommodation ladder, portable ladder or rope ladder;

"contravene"

in relation to a provision of these regulations, includes failing or refusing to comply with that provision;

[Definition inserted by regulation 3(a) of Notice No. R. 545 dated 30 April 2004]

"length"

in relation to a vessel, has the same meaning as in regulation 2 of the Tonnage Regulations, 1986;

[Definition inserted by regulation 3(a) of Notice No. R. 545 dated 30 April 2004]

"lifting appliance"

means any fixed or mobile appliance on a vessel which is used for suspending, raising or lowering a load or moving it from one position to another whilst suspended, but does not include—

(a)	any screw, belt, bucket or other conveyor used for transport of cargo or people;

(b)	any survival craft or rescue boat launching and recovery appliance or arrangement; or

(c)	any pilot hoist;

"lifting gear"

means any gear by means of which a load can be attached to a lifting appliance and which does not form an integral part of that load or appliance, but does not include any pallet, one trip sling, pre-slung cargo sling or freight container;

"lifting plant"

includes lifting appliances and lifting gear;

"offshore installation"

means any offshore structure supported on the sea-bed or a vessel used at sea in connection with the prospecting for or the mining of natural oil and on which persons are normally present;

"owner"

in relation to a vessel, includes any person such as the manager, or the bareboat charterer, who has assumed the responsibility for the operation of the vessel from the owner;

[Definition inserted by regulation 3(b) of Notice No. R. 545 dated 30 April 2004]

"reasonably practicable"

means practicable having regard to—

(a)	the severity and scope of the hazard or risk in question;

(b)	the state of knowledge reasonably available concerning the hazard or risk and on any means of removing or mitigating the hazard or risk;

(c)	the availability and suitability of means to remove or mitigate the hazard or risk; and

(d)	the cost of removing or mitigating the hazard or risk in relation to the benefits deriving therefrom;

Definition inserted by regulation 2 of Notice No. R. 1712 dated 19 December 1997]

"safety measures"

means any reasonable steps taken by the responsible person to prevent an accident or serious injury or measures taken to eliminate any hazardous condition;

"tanker"

means a cargo ship constructed or adapted for the carriage in bulk of oil, chemicals or gas;

"the Act"

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