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National Ports Act, 2005 (Act No. 12 of 2005)

Rules

Ports Rules

Chapter 2 : Vessel Movements and Related Matters

Part C : Requirements for Entering a Port

17. Notices in terms of Merchant Shipping (Maritime Security) Regulations, 2004 to be copied to the Authority

 

At least 96 hours before the arrival in a port of a foreign regulated ship, the owner, master or agent of that vessel must send to the Authority a copy of the ship's pre-arrival information that was sent to the South African authorities in terms of regulation 86 of the Merchant Shipping (Maritime Security) Regulations, 2004.6

 

 

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6 Regulation 86 of the Merchant Shipping (Maritime Security) Regulations, 2004 states the following:

"(1) The master of a foreign regulated ship, or a ship Intending to enter South African waters that would, once It had done so, be a foreign regulated ship, must provide pre-arrival Information In accordance with the requirements determined In writing by the Director-General.
(2) Without limiting subregulation (1), the Director-General may determine —
(a) The person or persons to whom pre-arrival information must be given;
(b) The circumstances in which pre-arrival information must be given; and
(c) The form and manner in which pre-arrival information must be given.
(3) Pre-arrival information is information that —
(a) Must be provided by the ship before the ship enters one or more of the following:
(i) South African waters;
(ii) A security regulated port;
(iii) A port that is not a security regulated port; and
(b) Is of a kind that can be requested, under Xl-2/9 of the Safety Convention, by a port state from a foreign flagged ship.
(4) If the master of a ship contravenes subregulation (1), the master or the ship operator for the ship may be given a control direction under Division 2 of this Part."