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

Regulations

Merchant Shipping (Safety Management) Regulations, 2003

10. Issue of Document of Compliance and Safety Management Certificate

 

(1) If the Authority is satisfied that a company operating one or more South African ships complies with the requirements of the ISM Code it may issue the company with a Document of Compliance valid for a period not exceeding five years.

 

(2) If the Authority is satisfied that a ship is operated by a company to which it has issued a Document of Compliance and that the company and its shipboard management operate in accordance with the safety management system it has approved, the Authority must issue in respect of that ship a Safety Management Certificate valid for a period not exceeding five years.

 

(3) Where a company operating ships under the flag of more than one State, but at least one of which is a South African ship, complies with the requirements of the ISM Code, the Authority may accept a Document of Compliance issued by the government of one of those States (other than the Republic) to which the Safety Convention applies if, prior to the issue of that document, it has agreed to accept it. Conditions for acceptance may include completion of a satisfactory audit of the company by an authorised person.

 

(4) Where, for the first time, a company is to operate a ship under the South African flag, the Authority may accept a Document of Compliance issued by the government of a State (other than the Republic) to which the Safety Convention applies under whose flag ships are operated by the company. Conditions for acceptance may include completion of a satisfactory audit by an authorised person.

 

(5) If the Authority is satisfied that a South African ship is operated by a company holding a Document of Compliance accepted by the Authority under subregulation (3) or (4) and that its shipboard management operates in accordance with a safety management system complying with the requirements of the ISM Code, the Authority must issue in respect of that ship a Safety Management Certificate valid for a period not exceeding five years.

 

(6) A certificate issued under this regulation must correspond to the appropriate form of certificate set out in the Appendix to the ISM Code.