Protection of Businesses Act, 1978
R 385
Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Safe Manning, Training and Certification) Regulations, 2013Part 8 : Supplemental114. Exemptions |
| (1) | The Authority may, if in its opinion no danger would result to persons, property or the environment, grant exemption, on such terms (if any) as it may specify, from any of the provisions of these regulations (as may be specified in the exemption) for classes of cases or individual cases. |
| (2) | An exemption permitting a person to serve in a capacity for which he or she is not certificated: |
| (a) | may be granted only if the person is certificated to serve in the next lower capacity. Provided that if the next lower capacity is an uncertificated capacity, exemption may be granted only if the person's knowledge and experience, in the opinion of the Authority, are appropriate for the capacity to be filled; |
| (b) | shall not be granted in respect of: |
| (i) | the capacity of master of a passenger ship; or |
| (ii) | the capacities of master or chief engineer of any ship to which the STCW Convention applies, except in the case of force majeure and then only for the shortest possible time; and |
| (iii) | shall, in all cases, cease to have effect on the earlier of the following two dates: |
| (aa) | the date of expiry (if any) in terms of the exemption; or |
| (bb) | the date on which the period of six months after the grant of exemption expires. |
| (3) | The Authority may alter or cancel any exemption granted under this regulation. |
