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Marine Act 1986 - Marine (Registration) Regulations 1990

FIJI

MARINE ACT, 1986
(Act No. 35 of 1986)

Legal Notice 80

MARINE (REGISTRATION) REGULATIONS, 1990

ARRANGEMENT OF REGULATIONS

REGULATION

1. Short title
2. Commencement
3. Interpretation
4. Registration of Government vessels
5. Tonnage measurement
6. Tonnage certificates
7. Marking of vessel
8. Application for registration
9. Declaration of ownership
10. Registration of vessels
11. Registration certificate
12. Provisional certificate of registry
13. Change of ownership
14. Registration of alterations
15. Documents accompanying a transmission of property in a vessel or of interest in a mortgage
16. Change of name of registered vessels
17 Proportion of the crew to be citizens
18 Annual registration fees
19 Initial registration fees
20 Forms to be used

SCHEDULE

Part 1

Index of prescribed forms

Part 2

Forms

---------------------------------

IN exercise of the powers conferred upon me by sections 54 and 212 of the Marine Act, 1986, I have made the following Regulations -

Short title

1. These regulations may be cited as the Marine (Registration) Regulations, 1990.

Commencement

2. These Regulations come into operation on their publication in the Gazette.

Interpretation

3. In these Regulations a reference to a form by letter and number is a reference to the form so lettered and numbered in the Schedule.

Registration of Government vessels

4.-(1) An application for registration of a Government vessel must be made to the Registrar in writing signed -

(a) if the vessel belongs to the Government-

(i) by the permanent head of the Department; or

(ii) by the head of the authority, with responsibility for the vessel; and

(b) in any other case-by the person who holds the vessel on behalf of, or for the benefit of, the Government.

(2) An application for registration of a Government vessel must contain-

(a) the name of the vessel; and

(b) a description of the vessel; and

(c) if the date and place of construction of the vessel -

(i) are known - a statement of that date and of that place; or

(ii) are not known - a statement to that effect giving such particulars relating to the construction of the vessel as are known; and

(d) particulars of title to the vessel; and

(e) a statement that the vessel -

(i) belongs to the Government, or

(ii) is held on behalf of, or for the benefit of, the Government.

(3) An application for registration of a Government vessel must have attached to it -

(a) such certificates or other evidence of title as are referred to in the particulars of title; and

(b) the tonnage certificate of the vessel.

(4) If the Registrar is satisfied that a Government vessel may be registered and that all requirements relating to a vessel before its registration have been complied with, he must register the vessel by entering in the Register -

(a) the vessel’s name; and

(b) the registry number allotted to the vessel; and

(c) the name of the vessel’s owner, and the particulars contained in -

(i) the application for registration; and

(ii) the vessel’s tonnage certificate.

(5) On the registration of a Government vessel the Registrar must retain -

(a) the application for registration; and

(b) the certificates or other evidence of title referred to in subregulation (3)(a).

Tonnage measurement

5.-(1) The tonnage of a vessel to be registered must be ascertained in accordance with the Tonnage Measurement Convention.

(2) The owner or master of a vessel to be measured must-

(a) make the vessel available for measurement by a surveyor; and

(b) afford all necessary facilities for its inspection and measurement by the surveyor.

(3) The owner or master or a vessel must produce for a surveyor’s use and retention any plans, drawings, specifications and other documents the surveyor requires.

Tonnage certificates

6.-(1) In the case of a vessel to which the Tonnage Measurement Convention applies a tonnage certificate must be in the form TM. 1, complying with Annex II to the Tonnage Measurement Convention.

(2) In any other case a tonnage certificate must be in form TM. 2.

Marking of vessel

7.-(1) Except as provided by subregulation (5), a vessel must be marked -

(a) on each side of its stem with its name; and

(b) on its stern with its name with the word “SUVA” below its name; and

(c) on each side of its stem and on its stern by a scale of decimetres or of metres and decimetres denoting its draught of water; and

(d) on its main beam with its official number and net tonnage.

(2) The marking referred to in subregulations (1) (a) and (b) must be in -

(a) white or yellow letters on a dark ground; or

(b) black letters on a light ground,

being letters of a length of not less than one decimetre and of proportionate breadth.

(3) The marking referred to in subregulation (1) (c) must be in -

(a) white or yellow figures on a dark ground; or

(b) black figures on a light ground,

being figures that are -

(c) welded on or cut into the vessel; and

(d) of a length of one decimetre and of proportionate breadth; and

(e) if the scale is in decimetres-at each interval of two decimetres; and

(f) if the scale is in metres and decimetres-at each metre interval and at each intervening 2 decimetre interval

(4) In the case of a figure denoting the scale of draught of a vessel -

(a) the capital letter “M” must be placed after each metre figure; and

(b) the topmost figure of the scale must show -

(i) the metres; and

(ii) except where that figure marks a full metre interval-the decimetres, denoted by the figure; and

(c) the lower line of each figure must coincide with the draught line denoted by each figure.

(5) The following vessels are exempt from the marking requirements specified in subregulation (1) to the extent shown:

Application for registration

8.-(1) In this regulation, “vessel” does not include a Government vessel.

(2) An application for registration of a vessel must be made on form REG. 1A where the owner of the vessel is applying and form REG. 1B where an agent is applying on behalf of the owner of the vessel.

(3) Subject to subregulation (4), an application under paragraph (2) must be accompanied by -

(a) a certificate signed by the builder of the vessel containing-

(i) a description of the vessel; and

(ii) the estimated tonnage of the vessel; and

(iii) the date and place of construction of the vessel; and

(iv) the name of the person (if any) on whose account the vessel was built; and

(b) if the vessel has been registered under a law of a country other than Fiji-evidence that registration in that country has ceased; and

(c) evidence that the vessel is in a seaworthy condition; and

(d) evidence that the applicant is the owner of the vessel or the authorised agent of the owner, as the case may be; and

(e) a list of not less than 3 alternative names, on Form REG. 6, numbered in order of preference, under which the vessel is sought to be registered; and

(f) a declaration of ownership.

(4) If a certificate referred to in subregulation (3) (a) cannot be obtained the applicant must -

(a) make a declaration to that effect; and

(b) attach the declaration to the application.

Declaration of ownership

9. A declaration of ownership of a registered vessel must be in accordance with REG. 2.

Registration of vessels

10.-(1) In this regulation, “vessel” does not include a Government vessel.

(2) If the Registrar is satisfied that a vessel is owned by qualified people or a qualified person and that all the requirements relating to a vessel before its registration have been complied with, he must -

(a) allot a registry number to the vessel; and

(b) enter in the Register -

(i) the number so allotted; and

(ii) the name approved by the Registrar for the vessel; and

(iii) such particulars of the construction or origin of the vessel as appear to him to be relevant; and

(iv) the proportions in which its owners, if more than one, own the vessel.

(3) On the registration of a vessel the Registrar must retain-

(a) the certificate of the builder; and

(b) any bill of sale or other evidence as to title to the vessel that was attached to the application for registration; and

(c) the declaration of ownership; and

(d) the certificate of survey; and

(e) the appointment of managing agents, approval of ship’s name, and carving note; and

(f) any other document or certificate he considers should be retained.

Registration certificate

11. A registration certificate of a registered vessel must be in accordance with form REG. 3.

Provisional certificate of registry

12. A provisional registration certificate of a vessel must be in accordance with form REG. 4.

Change of ownership

13. If the registered ownership of a registered vessel changes the Registrar must -

(a) enter details of the change in the Register; and

(b) endorse details of the change on the registration certificate of the vessel; and

(c) retain the bill of sale and declaration of ownership.

Registration of alterations

14.-(1) If the Registrar registers alterations to a registered vessel, he must enter into the Register -

(a) a reference to any new tonnage certificate of the altered vessel; and

(b) the number of any new registration certificate issued in respect of the vessel.

(2) If the Registrar decides that an alteration to a registered vessel is insufficient to necessitate issuing a new registration certificate he must -

(a) ensure that any revision of the net tonnage of the vessel is carved into the vessel; and

(b) amend the existing registration certificate of the vessel accordingly.

Documents accompanying a transmission of property in a vessel
or of interest in a mortgage

15. If a transmission of property in a vessel or an interest in a mortgage of a vessel is authenticated under sections 36 or 43 of the Act, the declaration of transmission must -

(a) if the transmission is consequent on bankruptcy-be accompanied by such evidence as is for the time being receivable in a court as proof of title of persons claiming under a bankruptcy; and

(b) if the transmission is consequent on death-be accompanied-

(i) by probate, letters of administration or other instrument constituting a person the executor, administrator or other representative of the deceased person; or

(ii) by an official extract of any of those documents.

Change of name of registered vessels

16.-(1) If the owner of a registered vessel wants to change its name, he must apply to the Registrar to do so on form REG. 5.

(2) When the Registrar -

(a) is satisfied that the applicant is the owner of the vessel; and

(b) that the proposed name is -

(i) not the same as that of any other registered vessel; or

(ii) so similar to the name of a registered vessel as to be calculated to deceive or likely to confuse;

he must notify the owner of the vessel, and, when he is satisfied that the vessel has been remarked in accordance with these regulations -

(c) enter the new name of the vessel in the Register; and

(d) endorse the new name of the vessel on its registration certificate.

(3) The prescribed fee for a change of name of a registered vessel is $50.

Proportion of the crew to be citizens

17. The proportion of the crew of a vessel required to be citizens for the purpose of section 52 of the Act is -

(a) in the case of a vessel engaged on an international voyage-70%; and

(b) in the case of a vessel in respect of which a coasting trade licence is held-90%.

Annual registration fees

18.-(1) In this Regulation, the gross tonnage of a vessel means the gross tonnage of the vessel as recorded in the Register.

(2) The annual registration fee for a vessel is an amount calculated at the rate of 50 cents for each gross ton of the vessel with a minimum fee of $25.

(3) For the purpose of section 53(4) of the Act the proportion of the crew is 100% and the rebate is 25%.

Initial registration fees

19.-(1) In this Regulation, the gross tonnage of a vessel means the gross tonnage of the vessel as specified in its tonnage certificate.

(2) The fee payable on the registration of a vessel is an amount calculated at the rate of $1.00 for each gross ton of the vessel with a minimum fee of $100.

(3) The registration fee payable in respect of the registration of a vessel includes the issue of a Carving Note, provision of forms and documents and the issue of a provisional registration certificate, where necessary, and a registration certificate.

(4) The prescribed fee for the issue of a copy of a registration certificate that has been defaced, lost, mislaid or destroyed is $75.

Forms to be used

20.-(1) A bill of sale (individuals or joint owners) must be in accordance with form REG. 7.

(2) A bill of sale (body corporate) must be in accordance with form REG. 8.

(3) A declaration of transfer must be in accordance with form REG. 9.

(4) A declaration of transmission (bankruptcy) must be in accordance with form REG. 10.

(5) A declaration of transmission (owner deceased) must be in accordance with form REG. 11.

(6) A mortgage (to secure principal sum and interest) (body corporate) must be in accordance with form REG. 12.

(7) A mortgage (to secure principal sum and interest) (individuals or joint owners) must be in accordance with form REG. 13.

(8) A mortgage (to secure account current, & c.) (body corporate) must be in accordance with form REG. 14.

(9) A mortgage (to secure account current, & c,) (individuals or joint owners) must be in accordance with form REG. 15.

(10) A declaration of transmission of mortgage must be in accordance with form REG. 16.

(11) A declaration of appointment of agent must be in accordance with form REG. 17.

(12) An annual declaration of registry must be in accordance with form REG. 18.

(13) A certificate of survey must be in accordance with form REG. 19.

(14) A vessel’s carving and marking note must be in accordance with form REG. 20.

Dated at Suva this 26th day of July 1990.

A. V. TORA

Minister for Infrastructure and Public Utilities

________

SCHEDULE

PART 1

INDEX OF PRESCRIBED FORMS

TM. 1 Tonnage Certificate-Convention Ships.
TM. 2 Tonnage Certificate-non Convention Ships.
REG. 1 Application for Registration.
REG. 2 Declaration of Ownership.
REG. 3 Certificate of Registry.
REG. 4 Provisional Certificate of Registry.
REG. 5 Application to change name of vessel.
REG. 6 Notice of name proposed for a Fiji vessel.
REG. 7 Bill of Sale (Individual or Joint Owners).
REG. 8 Bill of Sale (Body Corporate).
REG. 9 Declaration of Transfer.
REG. 10 Declaration of Transmission (Bankruptcy).
REG. 11 Declaration of Transmission (Owner deceased).
REG. 12 Mortgage (Principal Sum and Interest) (Body Corporate).
REG. 13 Mortgage (Principal Sum and Interest) (Individuals or Joint Owners).
REG. 14 Mortgage (Account Current, & c.) (Body Corporate).
REG. 15 Mortgage (Account Current, & c.) (Individuals or Joint Owners).
REG. 16 Declaration of Transmission of Mortgage.
REG. 17 Declaration of Appointment of Agent
REG. 18 Annual Declaration of Registry.
REG. 19 Certificate of Survey.
REG. 20 Carving and Marking Note.

_________

PART 2

FORMS

Form TM. 1

FIJI
SEAL

ACT S. 21
Reg. 5

CERTIFICATE

INTERNATIONAL TONNAGE CERTIFICATE (1969)

Issued under the provisions of the International Convention on Tonnage Measurement of Ships, 1969, under the authority of the Government of Fiji for which the Convention came into force on 18th July 1982 by the Fiji Marine Board.

*Date on which the keel was laid or the ship was at a similar stage of construction (Article 2(6)), or date on which the ship underwent alterations or modifications of a major character (Article 3(2) (b)), as appropriate.

MAIN DIMENSIONS

THE TONNAGES OF THE SHIP ARE:

GROSS TONNAGE ______________________

NET TONNAGE _________________________

This is to certify that the tonnages of this ship have been determined in accordance with the provisions of the International Convention of Tonnage Measurement of Ships, 1969.

______________________________________________
(signature of the President, Fiji Marine Board)
and/or
(seal of Fiji Marine Board)

If signed, the following paragraph is to be added:

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

__________________

(Signature)

_________

Form TM.2

FIJI
SEAL

ACTS S.21
Reg.6

CERTIFICATE

FIJI MARINE BOARD TONNAGE CERTIFICATE

Issued under the provisions of section 21 of the Marine Act 1986.

* Date on which the keel was laid or the ship was at a similar stage of construction or date on which the ship underwent alterations or modifications of a major character as appropriate.

MAIN DIMENSIONS

THE TONNAGES OF THE SHIP ARE:

GROSS TONNAGE _________________________

NET TONNAGE ___________________________

This is to certify that the tonnage of this ship have been determined in accordance with the provisions of section 21 of the Marine Act 1986.

Issued at _______________________________ _________________19______

(place of issue of certificate) (date of issue)

________________________________________________
(signature of the President, Fiji Marine Board)
and/or
(seal of Fiji Marine Board)

If signed, the following paragraph is to be added:

The undersigned declares that he is duly authorised by the said Government to issue this certificate.

____________________

(Signature)

_______

Form REG. 1A

ACTS S.22
Reg.8

APPLICATION FOR REGISTRATION

MARINE ACT 1986

The Registrar of Fiji Vessels
Port of Suva.

I, _________________________________________________________________________

___________________________________________________________________________

of _________________________________________________________________ Suva, Fiji

hereby apply for the registration of the vessel _______________________________________

__________________________________________________________ at the Port of Suva in
the Republic of Fiji.

Dated at Suva, this ______________________ day of ______________________ 19______.

______________________

________

Form REG.1B

ACT S.22
Reg.8

APPLICATION FOR REGISTRATION

MARINE ACT 1986

The Registrar of Fiji Vessels
Port of Suva.

I, _______________________________________________________ the duly

appointed Agent of ________________________________________________

of _____________________________________________________ Suva, Fiji

hereby apply for the registration of the vessel ____________________________

_______________________________________________ at the Port of Suva in

the Republic of Fiji. My appointment as Agent of the said __________________

_________________________________________________ is annexed hereto.

Dated at Suva, this _____________ day of _____________________ 19 ______.

________________________

_______

Form REG. 2

ACTS S.24
Reg. 9

MARINE ACT, 1986

DECLARATION OF OWNERSHIP

I, _____________________________________________ make this declaration in respect of

the ownership of _____________________________________________________________

I declare as follows -

1. *I am a person authorised under the Common Seal of ____________________ (hereinafter called the ‘corporation’) to make declarations on behalf of the corporation.

2. *I am a citizen of Fiji.
*I am a citizen of Fiji who has his principal place of business in Fiji.
(or)
*The corporation is -

(a) established under and subject to the laws of Fiji, and has its principal place of business in Fiji; and

(b) is a corporation in respect of which the MINISTER has certified that it is a person qualified to own a vessel registered in Fiji.

*The vessel in respect of which registration is sought will be regularly employed in operations involving calls at ports or places in Fiji.

3. The above general description of the vessel is correct and I/the corporation am/is entitled to be registered-

(a) *as owner of_____________________ share(s) in the vessel; and/or

(b) *as joint owner(s) with the several other persons whose names are written below, of ___________________________ share(s) in the vessel.

Name(s) of joint owner(s) ________________________________________________

_____________________________________________________________________

Address(es) of joint owner(s) _____________________________________________

4. Other than the share(s) described in Clause 3 above the shares in the vessel are owned as follows -

Name of owner ______________________________________________________________

Address of owner ____________________________________________________________

Number of shares _____________________

5. To the best of my knowledge and belief no person or corporation other than a person or corporation that is a qualified person as defined in the Act is entitled as owner to any legal or beneficial interest in the vessel.

6. * The vessel was constructed at __________________ on __________________ (or)
* I have no knowledge of the place or date of construction of the vessel.

7. The vessel is not registered in any other country.

I, ____________________________ of ______________________do solemnly and sincerely declare that all information and particulars given in the above are true and correct, AND I MAKE this solemn declaration by virtue of the Statutory Declarations Act conscientiously believing the statements contained therein to be true and correct in every particular.

DECLARED at __________________________ 19______.

__________________________ (Signature of Delcarant)

Before me _____________________________.
_______________

*Strike out whichever is inapplicable.

_________

CERTIFICATE OF FIJI REGISTRY

Form REG.3

Act S.27
Reg.11

PARTICULARS OF VESSEL

________

Form REG. 4

ACT S. 28
Reg. 12
(Official Seal)

PROVISIONAL CERTIFICATE OF REGISTRY

PARTICULARS OF VESSEL

Name of vessel (a): ____________________________________________

Previous port of registry: ________________________________________

Previous registry (or equivalent) number: ___________________________

Name of builder: _______________________________________________

Place of construction ____________________________________________

DESCRIPTION OF VESSEL

Number of decks: _________________________________________

Number of bulkheads: _____________________________________

Framework and description of vessel: _________________________

________________________________________________________

Name(s) and address(es) of owner(s): _________________________

________________________________________________________

Number of share(s): _______________________________________

Name of master: __________________________________________

I, the undersigned: _______________________________________________

Fiji Consular Officer at: ___________________________________________ hereby certify that the above description of the vessel is true (b) __________________________________

I hereby grant this provisional certificate of registry in respect of the above described vessel, valid only until (c) ______________________________ day of ________________________ 19_____ or ten days after the vessel’s arrival in Fiji, whichever is the earlier.

Dated _____________________________ 19_____

Consular Officer/Registrar/Proper Officer* at ________________________________.

_______________________
*Strike out whichever is inapplicable.
(a) The name of the vessel inserted should be the existing foreign name unless a change of name has been authorised by the Registrar.
(b) State whether ascertained by survey or other means.
(c) Enter the date exactly three months after the date of issue of this Certificate.

Note: The master shall deliver the Provisional Certificate of Registry to the Registrar within 10 days after the arrival of the vessel in Fiji.

Penalty: a fine not exceeding $500.

_______

Form REG. 5

ACT S. 54
Reg. 16 (2)

MARINE ACT, 1986

APPLICATION TO CHANGE NAME OF VESSEL

Note: This form is not to be used fore a vessel being newly registered in Fiji, for which form REG. 6 should be used.

To: The Registrar

1. I/We _______________________________________________________________________
am/are owner(s) of _______________________ share(s) in ________________________
Registry No.: ___________________

2. I/We apply to change the name of the above described vessel

3. In order of preference the name by which I/We wish the above described ship to be known is –

1st: ___________________________

2nd: __________________________

3rd: ___________________________

Dated: _____________________________________ 19______.
_________________________ (Signature of Applicant(s))

I certify that the name _________________________ is not already the name of a registered Fiji vessel, or so similar to a registered name as to be calculated to deceive, and is approved for registry provided such registry is completed within 12 months of the date of this certificate.

Dated this ______________________ day of _______________________ 19_____.

Registrar of Fiji Vessels

SUVA.

________

Form REG. 6

ACT S. 54
Reg. 8 (3 e)

NOTICE OF NAME PROPOSED FOR A FIJI VESSEL

MARINE ACT, 1986

NOTES: 1. This form is not to be used for an application to change the name of a ship already on the Register at SUVA, for which form REG. 5, should be used.

CERTIFICATE OF REGISTRAR OF FIJI VESSELS

I certify that the name _______________________________________ is not already the name of a registered FIJI vessel, or so similar to a registered name as to be calculated to deceive.

______

This certificate when permissive is to be retained by the Registrar. If the ship is not registered within 12 months of the date of this certificate, the authority will be considered to have lapsed but the authority may be renewed if sufficient cause is shown.

____________

Form REG. 7

ACT. S. 33 & 54
Reg. 20 (1)

MARINE ACT, 1986

BILL OF SALE (Individuals or Joint Owners)

(a) _________________ the undersigned (b) _______________________________________
______________________________ hereinafter called “the transferor(s)”) in consideration of the sum of _________________________ paid to (c) ______________ by (d) ________________________________________________________________________________________________________________________________________________________________________________ hereinafter called the “transferee (s)”) the receipt whereof is hereby acknowledged, transfer ___________________ shares in the Ship above particularly described, and in her boats and appurtenances, to the said transferee(s).

Further (a) _______________ said transferor (s) for (e) ______________________ heirs covenant with the said transferee (s) and (f) assigns, that (a) ______________ have power to transfer in manner aforesaid the premises hereinbefore expressed to be transferred, and the same are free from encumbrances (g) ___________________________________________.

In witness whereof (a) _____________ have hereunto subscribed (h) _______________ name(s) and affixed (h) _________________ seal on __________________ 19________.

_______________

(a) “I” or “we”. (b) Full name(s), address(es) and description of transferor(s). (c) “me” or “us”, (d) Full name(s) and address(es) with their description in the case of individuals, and adding “as joint owners” where such is the case.(e) “myself and my” or “ourselves” and our”. (f) “his”, “their” or “its”. (g) If any subsisting encumbrance add “save as appears by the registry of the said ship”. (h) “my” or “our”. (i) Name, address and description of witness. (j) Signature of transferor (s).

NOTE - A purchaser of a registered FIJI Vessel does not obtain a complete title until the Bill of Sale has been recorded at the Port of SUVA and neglect of this precaution may entail serious consequences.

NOTE - Registered Owners or Mortgages are reminded of the importance of keeping the Registrar of FIJI Vessels informed of any changes of residence on their part.

_________

Form REG.8

ACT S.33 & 54
Reg.20 (2)

MARINE ACT, 1986

BILL OF SALE (Body Corporate)

We, (a) ___________________________________ (hereinafter called “the Transferors”) having our principle place of business at _________________________ in consideration of the sum of ___________________________ paid to us by (b) ____________________________ (hereinafter called “the Transferee(s)”) the receipt whereof is hereby acknowledged, transfer __________________________ shares in the Ship above particularly described, and in her boats and appurtenances, to the said Transferee(s).

Further, we, the said Transferors for ourselves and our successors covenant with the said Transferee(s) and (c) ___________________ assigns, that we have the power to transfer in manner aforesaid the premises hereinbefore expressed to be transferred, and that the same are free from encumbrances (d) ___________________________.

In witness whereof we have hereunto affixed our common seal on _______________________
_______________________ 19_____.

The Common Seal of the Transferors was affixed hereunto in the presence of (e)
________________

(a) Insert title in FULL of the Body Corporate. (b) Insert name and address in full and description of transferee or transferees. (c) Insert “his”, “her” or “then”. (d) If there be any subsisting Mortgage, or outstanding Certificate of Mortgage or Sale, add “save as appears by the Registry of the said Ship”. (e) Description of Witnesses: Directors, Secretary, etc. (as the case may be).

NOTE: A purchaser of a registered FIJI Vessel does not obtain a complete title until the Bill of Sale has been recorded at the Port of SUVA and neglect of this precaution may entail serious consequences.

NOTE: Registered Owners or Mortgages are reminded of the importance of keeping the Registrar of FIJI Vessels informed of any change of residence on their part.

________

Form REG. 9

ACT S. 34
Reg. 20 (3)

MARINE ACT, 1986

DECLARATION OF TRANSFER

I, _________________________________ make this declaration in respect of the ownership of vessel: _____________________________________ Official No.: ___________________
Tonnage: Gross: ___________________ Net: _______________________

1. *I am a person authorised under the Common Seal of ____________________________

(hereunder called the corporation) to make declarations on behalf of the corporation.

2. *(a) I am a citizen of Fiji, or

*(b) The corporation is established by or under a law in Fiji whose principal place of business is in Fiji; or

*(c) In the case of vessel which is normally engaged in a service, or on a route designated to be a qualifying shipping service or a qualifying route by the Minister in accordance with Section 15 of the Act-a person or corporation (other than a person or corporation referred to in paragraph (a) and (b) having -

(i) a place of business in Fiji from which the operations of the vessel are managed and controlled; or

(ii) an Agent in Fiji who manages the vessel.

3. I/the corporation am/is entitled to be registered

*(a) the owner of _____________________ share(s) in the above described vessel; and/or

*(b) as joint owner, with the several other persons whose names are written below, of ______________________ share(s) in the vessel.

Name(s) of joint owner(s): ___________________________________________

Address (es) of joint owner(s) ________________________________________

Number of share(s): ________________________________________________

4. To the best of my knowledge and belief no person or corporation other than a person or corporation that is a qualified person as defined in the Act is entitled as owner to any legal or beneficial interest in the vessel.

I, _________________________________________________ of _____________________
do solemnly and sincerely declare that all information and particulars given in the above are true and correct, AND I make this solemn declaration by virtue of the Statutory Declarations Act conscientiously believing the statements contained therein to be true and correct in every particular.

DECLARED at ____________________________________________ 19_______.

_______________________ (Signature of Declarant)

Before me:

_______

Form REG.10

ACT S. 34
Reg. 20 (4)

MARINE ACT, 1986

DECLARATION OF TRANSMISSION

(Bankruptcy)

I, (name & description) _______________________________________________ make this declaration in respect of the ownership of vessel: ___________________________

Official No.: _______________________________

I declare that -

1. *I am a person authorised under the Common Seal of _____________________ (hereunder called the corporation) to make declarations on behalf of the corporation.

2. * (a) I am a citizen of Fiji, or

*(b) The corporation is established by or under a law in Fiji whose principal place of business is in Fiji; or

*(c) In the case of vessel which is normally engaged in a service, or on a route designated to be a qualifying shipping service or a qualifying route by the Minister in accordance with Section 15 of the Act-a person or corporation (other than a person or corporation referred to in paragraph (a) and (b) having -

(i) a place of business in Fiji from which the operations of the vessel are managed and controlled; or

(ii) an Agent in Fiji who manages the vessel.

3. _____________________________ the person appearing by the register book to be

(name of owner or mortgagee)

the *Owner/*Mortgagee of ___________________ share(s) in the ship above described was on the ____________ day of ____________ one thousand nine hundred and ______________ adjudged bankruptcy by the __________________ and I was

(name of court)

appointed trustee of the property of the said ______________________ and I am

(name of owner/mortgagee)

entitled to be registered as *Owner/*Mortgagee of the said _________________ shares in the ship.

To the best of my knowledge and belief, no person or body of persons, other than such persons or bodies of persons as are by the Marine Act 1986, qualified to be owners of FIJI Ships, is entitled, as owner, to any interest whatever, either legal or beneficial, in the said ship. And I make this solemn declaration conscientiously believing the same to be true.

*Strike out whichever is inapplicable. The declarant shall initial each such alteration.

Note: Evidence of declarant’s appointment as Trustee in Bankruptcy shall be attached to this declaration for submission to the Registrar of vessels.

________

Form REG. 11

ACT S. 34
Reg. 20 (4)

MARINE ACT, 1986

DECLARATION OF TRANSMISSION
(OWNER DECEASED)

I, (name & description) _________________________________________________
make this declaration in respect of the ownership of vessel: _____________________

Official No.: ____________________

I declare that -

1. *I am a person authorised under the Common Seal of _______________________ (hereunder called the corporation) to make declarations on behalf of the Corporation.

2. *(a) I am a citizen of Fiji, or

*(b) The corporation is established by or under a law in Fiji whose principle place of business is in Fiji; or

*(c) In the case of vessel which is normally engaged in a service, or on a route designated to be a qualifying shipping service or a qualifying route by the Minister in accordance with Section 15 of the Act – a person or corporation (other than a person or corporation referred to in paragraph (a) and (b) having -

(i) a place of business in Fiji from which the operations of the vessel are managed and controlled; or

(ii) an Agent in Fiji who manages the vessel.

3. I/WE, declare that ______________________ the person appearing by

(full name of deceased)

the Register Book to be the *Owner/*Mortgagee of _________________ shares in the Ship above described died at ______________ in the Country of __________________ Insert either “On the ___________________ day of __________________ 19_____, having first duly made his will dated the _______________________ day of _________________ 19_____, whereby he appointed me (for us) (executor(s), and I (for we) proved his said will on the ______________________ day of _________________19_____, in the court of __________________” or “On the _________________ day of ______________________ 19____, intestate and that letters of administration of his estate and effects were on the _________________ day of ____________________ 19_____ duly granted to be (for us) by the court of __________________________”

4. To the best of knowledge and belief, no person or body of persons other than such persons or bodies of persons as are by the Marine Act 1986, qualified to be Owners of FIJI Ships is entitled, as Owner, to any interest whatever, either legal or beneficial, in the said ship and I/We make this solemn Declaration conscientiously believing the same to be true.

*Strike out whichever is inapplicable. The declarant shall initial each such alteration.

Note: Evidence of declarant’s appointment as Trustee in Decease shall be attached to this Declaration for submission to the Registrar of vessels.

________

Form REG.12

ACT S.38
Reg. 20 (6)

MARINE ACT, 1986

MORTGAGE (to secure Principal Sum and Interest)

(Body Corporate)

We, (a) ___________________________________________________________________ in consideration of __________________________________________________________ this day lent to us by (b) ______________________________________________________
_____________________________________________(hereinafter called the mortgagee(s)) do hereby for ourselves and our successors covenant with the mortgagee(s) and (c) __________________ assigns firstly That we or our successors will pay to the mortgagee(s) or (c) _________________ assigns the said sum of _________________ together with interest thereon at the rate of _________________ percent, perannum on the (d) __________________ day of ________________ next; and secondly; that if the said principal sum is not paid on the said day, we or our successors will, during such time as the same or any part thereof remains unpaid, pay to the mortgagee(s) or (c) ___________________ assigns, interest on the whole or such part thereof as may for the time begin remain unpaid, at the rate of _______________ per cent, per annum, by equal half-yearly payments on the ________________ day of __________ and __________________ day of ______________________ in every year; and for better securing to the mortgagee(s) the repayment in manner aforesaid of the principal sum and interest we hereby mortgage to the mortgagee(s) __________________ of which we are the Owners in the Ship above particularly described, and in her boats and appurtenances. Lastly, we for ourselves and our successors covenant with the mortgagee(s) and (c) _______________ assigns that we have power to mortgage in manner aforesaid the abovementioned shares, and that the same are free from incumbrances (e) ______________________.

In witness whereof we have hereunto affixed our common seal on _____________________
________________________________________________________________ 19________.

The Common Seal of the ______________________________________________________
___________________________________________________________________________was affixed hereunto in the presence of (f) _________________________________________
___________________________________________________________________________
______________________________________________________________________________________________________________________________________________________

(a) Name in full of Body Corporate together with its principle place of business. (b) Full name(s) and address(es) of mortgagee(s) with their description in the case of individuals, and adding "as joint mortgagees" where such is the case. (c) "his", "their" or "its". (d) Insert the day fixed for payment of principal as above. (e) If any prior encumbrance add, "save as appears by the registry of the said ship". (f) Signatures and description of witnesses, i.e. Director, Secretary, etc. (as the case may be).

NOTE. The prompt registration of a Mortgage Deed at the port of registry of the ship is essential to the security of the Mortgagee, as a Mortgage takes its priority from the date of production for registry, not from the date of the instrument.

NOTE. Registered Owners or Mortgagees are reminded of the importance of keeping the Registrar of FIJI Vessels informed of any change of residence on their part.

__________

In the case of Transfer it must be made by Indorsement in one of the following forms –

TRANSFER OF MORTGAGE – by Individual or Joint Mortgagees

TRANSFER OF MORTGAGE – by Body Corporate

In case of Mortgage is paid off, a Memorandum of its Discharge in one of the following forms must be used.

DISCHARGE OF MORTGAGE – by Individual or Joint Mortgagees

DISCHARGE OF MORTGAGE – by Body Corporate

___________

Form REG. 13

ACT S.38
Reg. 20 (7)

MARINE ACT, 1986

MORTGAGE (to secure Principal Sum and Interest)
(Individuals or Joint Owners)

(a) ___________ the undersigned (b) _____________________________________________
___________________________________________________________________________in consideration of ________________ this day lent to (c) _____________ by (d) __________ ___________________________________________________________________________(hereinafter called the mortgagee(s) do hereby for (e) _____________________________ and (f) ______________ heirs, executors, or administrators, will pay to the mortgagee(s) or (g) ________________ assigns the said sum of ____________________ together with interest thereon at the rate of _____________ per cent, per annum on the (h) ______________ day of _________________ next, and secondly, that if the said principal sum is not paid on the said day (a) _____________ or (f) _____________ heirs, executors, or administrators, will, during such time as the same or any part thereof remains unpaid, pay to the mortgagee(s) or (g) _____________ assigns interest on the whole or such part thereof as may for the time being remain unpaid, at the rate of __________ per cent, per annum, by equal half-yearly payments on the ______________ day of __________________ and ________________ day of ___________________ in every year, and for better securing to the mortgagee(s) the repayment in manner aforesaid of the said principal sum and interest (a) _____________ hereby mortgage to the mortgagee(s) __________________ shares, or which (i) ___________ the Owner(s) in the Ship above particularly described, and in her boats and appurtenances. Lastly (a) _______________ for (e) __________________ and (f) _______________ heirs, covenant with the mortgagee(s) and (g) ___________ assigns that (a) _______________ have power to mortgage in manner aforesaid the above-mentioned shares, and that the same are free form encumbrances (j) ______________________________________.

In witness whereof (a) ______________ have hereto subscribed (f) _____________ name(s) and affixed (f) _____________ seal on _____________________ 19_____.

Executed by the above-named
___________________________________
___________________________________
___________________________________

in the presence of (k)

_________

(a) “I” or “we”. (b) Full name(s), address(es) and description of mortgagor(s). (c) “me” or “us”. (d) Full name(s) and address(es) of mortgagee(s) with their description in the case of individuals, and adding “as joint mortgagees” where such is the case. (e) “myself” or “ourselves”. (f) “my” or “our”. (g) “his”, “their” or “its”. (h) Insert the day fixed for payment of principal as above. (i) “I am” or “we are”. (j) If any prior encumbrance add, “save as appears by the registry of the said ship”. (k) Name, address and description of witness. (l) Signature of mortgagor(s).

NOTE: The prompt registration of a Mortgage Deed at the port of Suva is essential to the security of the Mortgagee, as a Mortgage takes its priority from the date of production for registry, not from the date of the instrument.

NOTE: Registered Owners or Mortgagees are reminded of the importance of keeping the Registrar of Fiji vessels informed of any change of residence on their part.

In the case of Transfer it must be made by Indorsement in one of the following forms –

TRANSFER OF MORTGAGE – by Individual or Joint Mortgagees

TRANSFER OF MORTGAGE – by Body Corporate

In the case a Mortgage is paid off, a Memorandum of its Discharge in one of the following forms must be used.

DISCHARGE OF MORTGAGE – by Individual or Joint Mortgages

DISCHARGE OF MORTGAGE – by Body Corporate

_______________

Form REG. 14

MARINE ACT, 1986

MORTGAGE (to secure Account Current, & c)
(Body Corporate)

ACT S. 38
REG. 20 (8)

Whereas (a) _________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Now we (b) ______________________________________ in consideration of the premises for ourselves and our successors, convenant with the said (c) __________________________ (hereinafter called the mortgagee(s)) and (d) _______________ assigns, to pay to him or them or it the sums for the time being due on this security, whether by way of principal or interest, at the times and manner aforesaid. And for the purpose of better securing to the mortgagee(s) the payment of such sums as last aforesaid, we do hereby mortgage to the mortgagee(s) ____________ shares, of which we are Owners in the Ship above particularly described, and in her boats and appurtenances.

Lastly, we for ourselves and our successors, covenant with the mortgagee(s) and (d) __________ assigns that we have power to mortgage in manner aforesaid the above-mentioned shares, and that the same are free from incumbrances (e) ______________________________ ___________________________________________________________________________ In witness whereof we have hereunto affixed our common seal on _____________________ ___________________________________________________ 19 _______.
The Common Seal of the _______________________________________________________ ___________________________________________________________________________ was affixed hereunto in the presence of (f) _________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(a) Here state by way of recital that there is an account current between the mortgagor, giving the full name of the Body Corporate together with its principal place of business, and the mortgagee(s), giving full name(s), and address(es) with their description in the case of individuals and adding “as joint mortgagees” where such is the case and describe the nature of the transaction so as to show how the amount of principal and interest due at any given time is to be ascertained, and the manner and time of payment. (b) Name of the Body Corporate. (c) Full name of mortgagee (d) “his” “their” or “its”. (e) If any prior incumbrance add “save as appears by the registry of the said ship”. (f) Signatures and description of witnesses, i.e. Director, Secretary, etc. (as the case may be).

NOTE: The prompt registration of a Mortgage Deed at the port of registry of the ship is essential to the security of a mortgagee, as a Mortgage takes its priority from the date of production for registry, not from the date of the instrument.

NOTE: Registered Owners or Mortgagees are reminded of the importance of keeping the Registrar of Fiji vessels informed of any change of residence on their part.

In the case of Transfer it must be made by Indorsement in one of the following forms-

TRANSFER OF MORTGAGE – by Individual or Joint Mortagagees

TRANSFER OF MORTGAGE - by Body Corporate

In case a Mortgage is paid off, a Memorandum of its Discharge in one of the following forms must be used.

DISCHARGE OF MORTGAGE- by Individual or Joint Mortgagees

DISCHARGE OF MORTGAGE – by Body Corporate

____________

Form REG 15

MARINE ACT, 1986

MORTGAGE (to secure Account Current, & c)
(Individuals or Joint Owners)

ACT S. 38
Reg. 20 (9)

Whereas (a) _________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Now(b) ________ the undersigned(c) ____________________________________________ in consideration of the premises for (d) __________ and(e) _____________________ heirs, covenant with the said(f) _______________________________________________________ (hereinafter called the mortgagee(s)) and (g) ___________________________ assigns, to pay to him or them or it the sums for the time being due on this security, whether by way of principal or interest, at the times and manner aforesaid. And for the purpose of better securing to the mortgagee(s) the payment of such sums as last aforesaid, (b) ___________ do hereby mortgage to the mortgagee(s) ______________________ shares, of which(h) _____________ Owners in the Ship above particularly described, and in her boats and appurtenances.

Lastly, (b) __________ for (d) ___________ and (e) _________________ heirs, covenants with the mortgagee(s) and (g) _________________ assigns that (b) ___________ have power to mortgage in manner aforesaid the above-mentioned shares, and that the same are free from incumbrances (i) _____________________________________________________________

In witness whereof (b) _________ have hereto subscribe (e) ______________ name(s) and affixed (e) ____________ seal on ______________ 19 _________.

Executed by the above-named
_________________________ (k) ___________________ Seal
_________________________ ___________________ _____________________________
in the presence of (j) (Witness)

_________________________________________________________________________________________
(a) Here state by way of recital that there is an account current between the mortgagor(s), giving the full name(s), address(es) and description, and the mortgagee(s), giving full name(s) and address(es) with their description in the case of individuals, and adding “as joint mortgagees” where such is the case, and describe the nature of the transaction so as to show how the amount of principal and interest due at any given time is to be ascertained, and the manner and time of payment. (b) “I” or “we”. (c) Full name(s) of mortgagor(s) (d) “myself” or “ourselves” (e) “my” or “our”.(f) Full name of mortgagee. (g) “his”, “their” or “its” (h) “I am” or “we are”(i) If any prior incumbrance add “save as appears by the registry of the said ship”. (j) Name, address and description of witness. (k) Signatures of mortgagor.

NOTE: The prompt registration of a Mortgage Deed at the port of registry of the ship is essential to the security of a Mortgagee, as a Mortgage takes its priority from the date of production for registry, not from the date of the instrument.

NOTE: Registered Owners Mortgagees are reminded of the importance of keeping the Registrar of Fiji vessels informed of any change of residence on their part.

In the case of the Transfer it must be made by Indorsement in one of the following form-

TRANSFER OF MORTGAGE - by Individual or Joint Mortgagees

In case a Mortgage is paid off, a memorandum of its Discharge in one of the following forms must be used.

DISCHARGE OF MORTGAGE- by Individual or Joint Mortgagees

___________

Form REG.16

MARINE ACT, 1986

DECLARATION OF TRANSMISSION OF MORTGAGE

ACT S. 43
Reg. 20 (10)

*I/We _________________________________________________, make this declaration in respect of the interest of _____________________________________________ in mortgage Registered No. ____________________________ over the security of __________________ share(s) in Registry No. _________________.

I declare that:

1. *I am a person authorized under the Common Seal of ________________________ (hereinafter called the “corporation”) to make declaration on behalf of the corporation.

2. The circumstances in which the interest of the said __________________________ is transmitted to *me/us/the corporation are as follows:

3. *I/We attach the following:

I, ___________________________________________________________________
of __________________________________________________________________ do solemnly and sincerely declare that all information and particulars given in the above are true and correct, AND I make this solemn declaration by virtue of the Statutory Declaration Act conscientiously believing the statements contained therein to be true and correct in every particular.

DECLARED AT ____________________________________ 19 ______________

_____________________________________________ (Signature of Declarant.)

Before me:

*Strike out whichever is inapplicable

___________

Form REG. 17

MARINE ACT, 1986

DECLARATION APPOINTMENT OF AGENT

ACT 15 (2)
Reg. 20 (11)

__________________________________________________________ having its Principal place of business at __________________________________________________________ hereby appoint __________________________________________________________ as its agent for the purpose of applying for and detaining registration of the vessel ______________________________________________________________________ at the Port of Suva in the Republic of Fiji.

The Common Seal of _________________________________________________________ was affixed hereto the

________________________________ day of _________________ 19 _____.
in the presence of

_______________________________________________________________
Common
Seal _______________________________________________________________

____________

Form REG. 18

MARINE LAW, 1986

ANNUAL DECLARATION OF REGISTRY

ACT S. 53
Reg.20 (12)

To: The Registrar of Fiji Vessels, Suva, Fiji:

I, __________________________________ of _____________________________________

(name) (address in Fiji)
being the *Owner/Authorised Managing Agent of the Fiji Registered vessel:
Official Number ____________________, G.R.T. ____________________, whose Master is ________________________ Certificate Number ____________________ and which was first registered on ____________________________________________________________.

(date of first registration)

declare that during the previous 12 months all the following alterations which have been made to the vessel, or its ownership of its mortgages which may have effect on the entries in the register or the vessel’s entitlement to Fiji registration, are:

I further declare that the following persons, not being Fiji Citizens, have been employed as Master or crew for the period(s) of time stated (to nearest week):

I further declare that during the period correct accounts and deduction from wages of the Fijian Crew members in respect of Fiji National Provident Fund and Fiji Income Tax have been made, and returns made to the Authorities concerned.
I attach evidence of:

(a) My authority as Managing Agent of the said vessel;

(b) Financial Security or Insurance Policy valid for the following twelve months covering my liability towards the Master and Crew in respect of the Workmen’s Compensation Act and Marine Act.

Name of Witness: __________________________

*delete as appropriate

NOTE: Where the vessel is entitled to hold a Coasting Trade License. This declaration and fee serve as an application for renewal of that license.

_________

Form REG. 19

MARINE ACT, 1986

CERTIFICATE OF SURVEY

ACT S.21
Reg. 20 (13)

I, the undersigned Surveyor appointed by the Minister having surveyed the abovenamed ship, hereby certify that the above particulars are true, and that her name is marked on each of her bows, and her name of the port of registry are properly marked on the conspicuous part of her stern, and a scale of decimeters marked on each side of her stem, and of her stern post, in a matter directed by the Marine Act, 1986.

Dated at ___________________
this ___________________ day of ________________ 19 ____. _________________

Surveyor

_________

Form REG. 20

MARINE ACT, 1986

Vessel’s Carving and Marking Note

ACT 23
Reg. 20 (14)

The Official Number and Tonnage, as stated above, are to be permanently and conspicuously cut in on the Main-Beam of the vessel.
_____________________________________________________ Registrar of Fiji Vessels

Dated ___________________ Port of _________________________________
___________________________________________________________________________

I hereby certify that I have inspected the Vessel, and find that the Official Number and Tonnage, as stated above, are permanently and conspicuously cut in on her Main-Beam, that her Name is marked on each of her Bows, and her Name, and the name of her Port of Registry, are marked on her Stern, in the manner directed by Section 23 of the Marine Act, 1986.

Dated ______________________

at __________________________ __________________________

(Signature and Rank)

N.B.-To be signed by a Marine Board Surveyor.

See overleaf for instructions for Marking the vessel.

________

INSTRUCTION FOR MARKING THE VESSEL

Extract for MARINE (REGISTRATION) REGULATIONS 1990 NO. 7

(1) Every Fiji vessel shall before registry be marked permanently and conspicuously to the satisfaction of the Director of Marine as follows:

(a) Her name shall be marked on each side of her stern, and her name and the name of her port of registry must be marked marked on her stern, on a dark ground in white or yellow letters, or on a light ground in black letters, such letters to be of a length not less than one decimeter and of proportionate breadth.

(b) Her official number and the number denoting her net tonnage shall be cut in on her main beam.

(c) A scale of draught of water in decimeters or meters and decimeters shall be marked on each side of her stern and stern.

(2) The Minister may exempt any class of ships from all or any of the requirements of this section.

Note: The Minister has exempted vessels of the following descriptions from the requirements shown:

-----------------------------------