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Merchant Shipping (Civil Liability Convention) Act, 2013 (Act No. 25 of 2013)

1. Definitions

 

 

In this Act, unless the context indicates otherwise, any meaning ascribed to a word or expression in the 1992 Liability Convention bears the meaning so ascribed, and—

 

"Authority"

means the South African Maritime Safety Authority established by section 2(1) of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998);

 

"Contracting State"

means a country or territory specified in a notice published in terms of section 5;

 

"Minister"

means the Minister of Transport;

 

"organ of state"

has the meaning ascribed to it in section 239 of the Constitution of the Republic of South Africa, 1996;

 

"prescribed"

means prescribed by regulation in terms of section 15;

 

"the 1969 Liability Convention"

means the International Convention on Civil Liability for Oil Pollution Damage, signed in Brussels on 29 November 1969 and published for general information under General Notice No. 58 of 1978 in Gazette No. 5867 of 27 January 1978;

 

"the 1992 Liability Convention"

means Articles I to XII ter, including the model certificate, of the 1969 Liability Convention as amended by the 1992 Protocol and referred to in paragraph 2 of Article 11 of the 1992 Protocol;

 

"the 1992 Protocol"

means the International Maritime Organisation Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage of 29 November 1969—

(a) approved on 23 October 1997 by the National Assembly and on 15 March 1999 by the National Council of Provinces as is required by section 231(2) of the Constitution of the Republic of South Africa, 1996; and
(b) published for general information under Notice No. 1535 of 2009 in Gazette No. 32723 of 20 November 2009;

 

"the Republic"

includes the Prince Edward Islands referred to in section 4; and

 

"this Act"

includes the regulations made under section 15.