Commencement: 20 July 1968

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 53

SHIPPING

QR 1 of 1968
Act 8 of 1983
Act 7 of 985
Order 15 of 1987

ARRANGEMENT OF SECTIONS

SECTION

PART I
General

1.	Interpretation
2.	Principal Licensing Officer and other licensing officers
3.	Powers of licensing officers and offences connected therewith

PART II
Certificates of Competency

4.	Examinations for certificates of competency
5.	Prerequisites for examination
6.	Conduct of examinations
7.	Syllabuses for examinations
8.	Syllabus for higher grades
9.	Issue of certificate of competency
10.	Cancellation and suspension of certificates
11.	Equivalent certificate of competency
12.	Loss of certificate
13.	Fraud and misrepresentation
14.	Attempted bribery
15.	Exemption from examination

PART III
Crew Requirements

16.	Vessels to be provided with certificated officers
17.	Penalty for engagement to serve without proper certificate

PART IV
Safety Certificates

18.	Penalty, for proceeding on voyage when no valid safety certificate
19.	Application for survey
20.	Survey of vessels
21.	Necessary repairs to be completed
22.	Beaching or slipping of vessels
23.	Charges for work done
24.	Marking of vessels
25.	Issue of safety certificates
26.	Revocation and suspension of safety certificates
27.	Duration of safety certificates
28.	Survey to be made if vessel believed to be unseaworthy
29.	Master or owner to report loss or damage of vessel
30.	Inquiry into cause of accident

PART V
Carriage of Passengers

31.	Maximum number of passengers
32.	Maximum number of persons not to exceed number of adequate life saving appliances

PART VI
Loading of Vessels

33.	Minimum freeboard

PART VII
Unseaworthy Vessels

34.	Unseaworthy vessels

PART VIII
Dangerous Goods

35.	Penalty for misdescription of dangerous goods
36.	Power to deal with goods suspected of being dangerous

PART IX
Discipline

37.	Offences by seamen

PART X
Miscellaneous

38.	Radio
39.	Sufficient fuel to be carried
40.	Exemptions

PART XI
Penal Provisions

41.	Offences in connection with vessels
42.	Misconduct endangering life or ship
43.	General penalty
44.	Liability of corporations

PART XII
Regulations

45.	Power to make regulations
46.	Appeals against decisions of licensing officers

PART XIII
Application

47.	Application

SCHEDULE 1	-	(a) Grades of certificates of competency for Masters, Mates 
	and Coxswains
(b) Grades of certificates of competency for Engineers and Mechanics
SCHEDULE 2	-	Application for examination for a certificate of competency
SCHEDULE 3	-	Fees for certificates of competency
SCHEDULE 4	-	Prerequisites for examination for certificate of competency SCHEDULE 5	-	Syllabuses of examinations
SCHEDULE 6	-	Certificate of competency
SCHEDULE 7	-	Crew requirements
SCHEDULE 8-	Application for survey of vessel
SCHEDULE 9	-	Survey fees
SCHEDULE 10	Certificate of survey
SCHEDULE 11	Safety certificate
SCHEDULE 12	Order of detention
SCHEDULE 13	Freeboard

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SHIPPING

To provide for the control and safety of Vanuatu vessels.

PART I
GENERAL

INTERPRETATION

1.	In this Act unless the context otherwise requires -

"approved" means approved by the Minister;

"B.H.P." means Brake Horse Power;

"bosun" means a person in charge of a vessel other than a certificated master;

"breadth" means registered breadth, that is to say, the extreme breadth over the sideplating or planking excluding rubbers;

"coastal vessel" means a vessel going between places in Vanuatu which does not proceed more than 3 miles from land at any point;

"coastal voyage" means a voyage between places in Vanuatu which at no time is more than 3 miles from land at any point;

"coxswain" means a person who has obtained a certificate of competency as such under the provisions of section 4;

"dangerous goods" means aquafortis, vitriol, naphtha, benzine, gun-powder, lucifer matches, nitro-glycerine, petroleum and any explosives within the meaning of the International Maritime Dangerous Goods Code, 1977 as from time to time amended; 

"deadweight" means the weight of cargo, fuel, stores or any other thing relative to the weight of the vessel carried in the said vessel;

"depth" means registered depth, that is to say, the height at the midship section of the top of the deck-beam at the middle line above the top of the ceiling;

"engaged in trade" includes the doing of any act with a view to or for the purposes of gain or profit;

"foreign going vessel" means any vessel going between any place in Vanuatu; and any other place beyond the limits of Vanuatu;

"foreign going voyage" means a voyage between any place in Vanuatu and any other place beyond the limits of Vanuatu;

"inner islands" means islands in Vanuatu other than the outer islands;

"inner islands vessel" means a vessel, other than a coastal vessel, going between places in Vanuatu within the inner islands, and includes a vessel plying solely between Tanna and Aniwa, or solely within the Banks Group solely within the Torres Group;

"inner islands voyage" means a voyage between places in Vanuatu within the inner islands and includes voyages solely between Tanna and Aniwa or solely within the Banks Group or solely within the Torres Group;

"length" means registered length, that is to say, the length measured from the forepart of the stem to the afterside of the head of the sternpost or if a vessel without a sternpost then to the foreside of the rudder;

"licensing officer" means the Principal Licensing Officer and any licensing officer referred to in section 2;

"master" means every person holding a certificate of competency as master (except a pilot) having command or charge of a vessel;

"Minister" means the Minister responsible for transport;

"outer islands" means the islands in Vanuatu lying south of Efate and north of Espiritu Santo;

"outer islands vessel" means a vessel other than a coastal vessel going between any place in Vanuatu other than an inner island vessel;

outer islands voyage" means a voyage between places in Vanuatu other than an inner island or coastal voyage;

"passenger" means any person carried in a vessel except -

(a)	a person employed or engaged in any capacity on board the ship on the business of the vessel;

(b)	a person on board the vessel either -

(i)	in pursuance of any obligation laid upon the master to carry shipwrecked, distressed or other persons; or

(ii)	by reason of any circumstances that neither the owner, master nor the charterer (if any) could have prevented or forestalled, and

(c)	a child under 1 year of age;

"passenger vessel" means a vessel carrying more than 12 passengers;

"safety certificate" means a safety certificate issued under section 25;

"scaman" means any person employed in any capacity as a member of the crew of a vessel;

"service at sea" means service on a ship in the deck or engine department, and includes time spent in port by a bona fide member of the crew of a vessel;

"vessel" means except where otherwise provided in this Act, any vessel not exceeding 500 gross tons engaged primarily in trade between places in Vanuatu, but excludes -

(a)	the life boats, rafts, work boats or launches which form part of the equipment of a larger vessel and are being used as such;

(b)	punts, barges or other boats whose sole means of propulsion is by manpower or by towing;

(c)	canoes of native design and not propelled by an engine.

"Vila Radio" means the radio broadcasting service to ships operated by the Government;

"workshop service" means service ashore in an approved marine engineering workshop or approved shore establishment dealing mainly with the repair and overhaul of marine engines, or an approved training establishment dealing exclusively with the training of marine mechanics or engineers and shall include weekends and public holidays.

PRINCIPAL LICENSING OFFICER AND OTHER LICENSING OFFICERS

2.	(1)	There shall be appointed a Principal Licensing Officer, and such number of other licensing officers to grant licences and certificates under the provisions of this Act, who shall be public servants.

(2)	Subject to the provisions of this Act licensing officers shall exercise their powers, and shall discharge their duties subject to any general instructions which the Principal Licensing Officer may issue.

POWERS OF LICENSING OFFICERS AND OFFENCES CONNECTED THEREWITH

3.	(1)	Every licensing officer shall have power at all reasonable hours to go on board any vessel for the purpose of examining the hull, machinery, boats, wireless apparatus, equipment or any materials belonging to or on board such vessel in order to ascertain whether the provisions of this Act have been complied with and may require the attendance of all such persons as he may consider necessary to call before him for a like purpose and may require answers to any questions he may think necessary to put and may require the production of any books, papers, log or other documents relating to the grant of a safety certificate.

(2)	Any person who without reasonable excuse (proof whereof shall lie on him) -

(a)	fails to attend before a licensing officer or to make any answer or to produce any document or to make or sign any declaration or refuse to allow any copies to be taken of any document; or

(b)	obstructs any licensing officer in or upon the occasion of the execution of his duty on board ship or elsewhere or knowingly misleads or deceives any licensing officer shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT25,000 or to a term of imprisonment not exceeding 2 months or to both such fine and imprisonment.

PART II
CERTIFICATES OF COMPETENCY

EXAMINATIONS FOR CERTIFICATES OF COMPETENCY

4.	(1)	Examinations shall be instituted for persons who wish to obtain certificates of competency in the grades prescribed in Schedule 1.

(2)	Every applicant for examination for a certificate of competency shall apply in the form prescribed in Schedule 2.

(3)	Every applicant for examination for a certificate of competency shall pay the fee prescribed in Part I of Schedule 3.

PREREQUISITES FOR EXAMINATION

5.	(1)	Every applicant for a certificate of competency shall before being eligible for examination for such certificate have satisfied the Principal Licensing Officer -

(a)	that he has acquired the age and served the minimum period of service required for each grade of certificate as prescribed in Schedule 4:

Provided that the Principal Licensing Officer may for such period as he may prescribe exempt a candidate from compliance with the provisions of this paragraph if he can satisfy the said licensing officer that he has equivalent experience; and

(b)	that by production of a medical certificate signed by a medical practitioner to that effect he is in good health; and

(c)	that he can speak and write Bislama, English or French sufficiently well to be able to perform the duties that may be required of him in his grade; and

(d)	that he is of good conduct.

(2)	Without prejudice to the provisions of subsection (1) every applicant for a certificate of competency as master, mate or coxswain shall have such test for sight and colour as may be prescribed by the licensing officer.

(3)	No applicant for a certificate of competency who fails to satisfy the licensing officer that he can speak Bislama, English or French sufficiently well to be able to fulfil the duties that may be required of him in his grade shall be accepted for re-examination until a period of not less than 6 months have elapsed from the date of his so failing to satisfy the said licensing officer.

CONDUCT OF EXAMINATIONS

6.	Examinations for certificates of competency shall be conducted in accordance with the requirements of the Principal Licensing Officer.

SYLLABUSES FOR EXAMINATIONS

7.	(1)	Every candidate for examination for a certificate of competency may be asked questions by a licensing officer to determine his knowledge of the various subjects in accordance with the syllabuses of the various examinations prescribed in Schedule 5:

Provided that where a syllabus is stated to be the same as that of a lower grade of certificate, the standard of questions asked and the standard required to be obtained will be higher.

(2)	Every syllabus shall include a knowledge of the relevant portions of this Act.

SYLLABUS FOR HIGHER GRADES

8.	The syllabus for a higher grade of examination in both oral and written work shall be regarded as including the syllabus for that subject for a certificate of a lower grade.

ISSUE OF CERTIFICATE OF COMPETENCY

9.	The Principal Licensing Officer shall deliver to any applicant, who has passed the examination and has given satisfactory evidence of his sobriety, ability and general good conduct, a certificate of competency in the form prescribed in Schedule 6 to the effect that he is competent to act in the capacity therein prescribed and shall keep a copy of all certificates issued:

Provided that a person who already holds a certificate of a lower grade shall surrender such certificate to the licensing officer before he shall be issued with the certificate of a higher grade.

CANCELLATION AND SUSPENSION OF CERTIFICATES

10.	(1)	A licensing officer may if, after due enquiry, he is satisfied that the holder of any certificate issued under section 9 is unfit to discharge his duties request the Principal Licensing Officer to cancel, suspend or lower the grade of such certificate, as he may think fit.

(2)	The Principal Licensing Officer on exercising these powers shall report the result of his decision to the Minister and no new certificate of any grade shall be granted or certificate restored without the approval of the Minister.

EQUIVALENT CERTIFICATE OF COMPETENCY

11.	(1)	For the purposes of this Act -

(a)	a certificate of competency as First Mate of a foreign going vessel issued by the competent authority of a specified country shall be considered equivalent to a certificate of competency as Master Pacific Islands, Vanuatu and a certificate of competency as Second Mate of a foreign going vessel issued by the competent authority of a specified country shall be considered equivalent to a certificate of competency as Mate Pacific Islands, Vanuatu;

(b)	a certificate of competency as Engineer, second class motor, or steam and motor, issued by the competent authority of a specified country shall be considered superior to a certificate of competency as Engineer 500 B.H.P.

(2)	In this section "specified country" means any country which the Minister may by Order specify for the purposes of this section.

LOSS OF CERTIFICATE

12.	Every person who has lost his certificate of competency shall report the loss without delay to a licensing officer who shall, on application therefor by such person, after he has satisfied himself that the certificate is genuinely lost, request the Principal Licensing Officer to issue a certified copy of the certificate, on payment of the fee prescribed in Part II of Schedule 3.

FRAUD AND MISREPRESENTATION

13.	Any person who makes or assists in making or procures to be made any false representation for the purposes of procuring either for himself or for any other person a certificate of competency shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT50,000 or a term of imprisonment not exceeding I month or to both such fine and imprisonment.

ATTEMPTED BRIBERY

14.	Any candidate, who offers a gratuity to a licensing officer, shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT50,000 or a term of imprisonment not exceeding 6 months or to both such fine and imprisonment.

EXEMPTION FROM EXAMINATION

15.	The Minister may exempt any applicant for a certificate of competency from passing the prescribed examinations.

PART III
CREW REQUIREMENTS

VESSELS TO BE PROVIDED WITH CERTIFICATED OFFICERS

16.	(1)	No person shall send to sea or cause or permit to be sent to sea any vessel without the complement of seamen prescribed in Schedule 7:

Provided that where a licensing officer is of the opinion that, the number of seamen so prescribed is insufficient for the safe and seaman like conduct of the vessel, he may order the number of seamen required to be carried to be increased to such number as he thinks fit.

(2)	For the purposes of this Act every certificate of competency for employment in a foreign going vessel shall be deemed to be of a higher grade than the corresponding certificate for employment in an outer islands vessel, and every certificate of competency for employment in an outer islands vessel shall be deemed to be of a higher grade than the corresponding certificate of competency for employment in an inner islands vessel, and every certificate of competency for employment in an inner islands vessel shall be deemed to be of a higher grade than the corresponding certificate of competency for employment in a coastal vessel.

(3)	Any person who acts in contravention of the provisions of this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.

(4)	Without prejudice to the provisions of the immediately preceding subsection of this section a licensing officer may detain any vessel in respect of which he has reasonable grounds to suspect is to be sent to sea in contravention of the provisions of subsection (1) of this section.

PENALTY FOR ENGAGEMENT TO SERVE WITHOUT PROPER CERTIFICATE

17.	(1)	No person who having been engaged to serve in any capacity for which a certificate of competency is required under this Act shall go to sea or serve in any vessel without being at the time the holder of a valid certificate:

Provided that the lawful holder of any higher grade certificate shall be entitled to go to sea in a capacity requiring a lower grade certificate.

(2)	No person shall employ any person in any such capacity in such a vessel who at the time is not the holder of such a certificate.

(3)	Any person who acts in contravention of subsection (2) of this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.

PART IV
SAFETY CERTIFICATES

PENALTY, FOR PROCEEDING ON VOYAGE WHEN NO VALID SAFETY CERTIFICATE

18.	(1)	If any vessel engaged in trade or passenger traffic, whatever its means of propulsion, proceeds upon any voyage or excursion, unless there is subsisting a valid and unexpired safety certificate issued in respect of that vessel under section 25, or by any other competent authority acceptable to the Minister, the owner, Master or bosun of such vessel shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a sentence of imprisonment not exceeding 1 year or to both such fine and imprisonment.

(2)	If upon demand therefor by any licensing officer the owner, Master or bosun of any vessel engaged in trade or passenger traffic fails without reasonable cause or excuse to produce to such licensing officer the safety certificate of such vessel and the certificates of competency of the officers, engineers or mechanics of the vessel, he shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT25,000 or to a sentence of imprisonment not exceeding 2 months or to both such fine and imprisonment.

APPLICATION FOR SURVEY

19.	The owner of a vessel shall make application for a survey in the form prescribed in Schedule 8 which together with the fee prescribed in Schedule 9 shall be lodged with the Principal Licensing Officer not less than 2 months prior to the date on which a safety certificate is desired to become effective.

SURVEY OF VESSELS

20.	(1)	Every licensing officer shall survey the vessel in accordance with the provisions for the survey of vessels as laid down in subsections (2), (3) and (4) and shall prepare a survey certificate prescribed in Schedule 10 on the state of seaworthiness of the vessel and on the quantity and quality of the safety appliances provided.

(2)	Foreign going vessels of 500 gross tons and upwards and every foreign going passenger vessel shall comply with the requirements of the International Convention for Safety of Life at Sea, 1974 for a vessel of her class:

Provided that a vessel which is not normally engaged on foreign going voyages, if required to undertake a single foreign going voyage, may be exempted from full compliance with the requirements of the International Convention for Safety of Life at Sea, 1974 if the said vessel complies with the safety requirements which are considered adequate in the opinion of the Principal Licensing Officer for the voyage which is to be undertaken.

(3)	Every vessel which fails to comply with the requirements for a vessel of the class for which application is made may be awarded a safety certificate for a vessel of a lower class, provided that she complies with the requirements of that class.

(4)	Every licensing officer shall, before informing the Principal Licensing Officer that any vessel is safe, be satisfied that the vessel is staunch, safe, sound and seaworthy in all respects and complies with all the requirements for a vessel of her class.

(5)	Any person who makes or assists in the making, or procures to be made, any false representation or offers a gratuity to any licensing officer, for the purpose of securing a safety certificate for any vessel, shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT50,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment.

NECESSARY REPAIRS TO BE COMPLETED

21.	(1)	The licensing officer shall on receipt of information that alterations or repairs are necessary, or that additional equipment is required, inform the owner or Master accordingly, and no safety certificate shall be issued until all such repairs or alterations have been completed or additional equipment supplied, to his satisfaction.

(2)	Any licensing officer may detain a vessel which requires repairs, alterations or additional gear, pending the decision of the Principal Licensing Officer.

BEACHING OR SLIPPING OF VESSELS

22.	(1)	The licensing officer may order any vessel for which a safety certificate is required to be beached or slipped for the purpose of examining the under-water portion of the hull and the fittings thereof.

(2)	Where a vessel has not been examined by a licensing officer at the time of slipping, satisfactory evidence as to the condition of the under-water portion of the hull and fittings thereof must be furnished to the licensing officer when application is made for a safety certificate and attached to the said application.

CHARGES FOR WORK DONE

23.	All charges for work done or equipment supplied to a vessel to meet the requirements of this Act shall be borne by the owner of such vessel.

MARKING OF VESSELS

24.	(1)	Every vessel in respect of which a safety certificate is to be issued must have its name painted on both bows and the name and port of registry, if registered, painted across the stern in easily legible letters, not less than 4 inches in depth.

(2)	If a vessel is without an official number, the local registration number shall be cut in such manner as a licensing officer shall direct.

ISSUE OF SAFETY CERTIFICATES

25.	The Principal Licensing Officer may -

(a)	on being informed that a vessel is safe; and

(b)	being satisfied that the requirements of this Act have been complied with in respect of the said vessel;

grant to a vessel engaged in trade or passenger traffic a safety certificate in the form prescribed in Schedule 11 and shall retain a duplicate thereof, and such certificate shall be liable to be revoked or suspended at any time by a licensing officer.

REVOCATION AND SUSPENSION OF SAFETY CERTIFICATES

26.	If, subsequent to the issue of a safety certificate, the vessel to which it relates fails to comply with any of the requirements of this part of this Act or ceases to be seaworthy, such certificates may be revoked or suspended at any time by the licensing officer by written notice served upon the owner, Master or bosun of the vessel.

DURATION OF SAFETY CERTIFICATES

27.	A safety certificate shall, unless revoked or suspended, remain in force for not more than 12 months from the date thereof.

SURVEY TO BE MADE IF VESSEL BELIEVED TO BE UNSEAWORTHY

28.	(1)	When a licensing officer has received a complaint, or has reason to believe that any vessel is, by reason of the defective condition of the hull, equipment or machinery or by reason of over-loading or improper loading, unfit to proceed to sea without danger to human life, he shall order a survey of the vessel and, if he considers that the vessel is unfit so to proceed, he may order the detention of the said vessel in the form prescribed in Schedule 12 until such conditions as therein prescribed have been complied with.

(2)	A copy of every such order shall be served as soon as possible on the owner, master or bosun of the vessel.

MASTER OR OWNER TO REPORT LOSS OR DAMAGE OF VESSEL

29.	(1)	Whenever any vessel has been lost or sustained damage so as to impair her seaworthiness either in her hull or any part of her machinery, the owner, master or bosun of such vessel shall, at the earliest opportunity, make to a licensing officer a report of such accident or damage.

(2)	If such owner, master or bosun fails to make such a report he shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT25,000 or to a term of imprisonment not exceeding 2 months or to both such fine and imprisonment.

INQUIRY INTO CAUSE OF ACCIDENT

30.	The Principal Licensing Officer may enquire into the nature or cause of any accident or damage which any vessel has sustained or caused, and shall make recommendations to the Minister as to whether a formal enquiry should be held.

PART V
CARRIAGE OF PASSENGERS

MAXIMUM NUMBER OF PASSENGERS

31.	(1)	The licensing officer shall prescribe for every vessel requiring a safety certificate the maximum number of passengers, both saloon and deck, which may be carried on board.

(2)	Where a Principal Licensing Officer is of the opinion that the number of passengers is too great having regard to the weather or other circumstances and may tend to cause the vessel to be unseaworthy or may endanger the lives of any of the persons carried, he may at his discretion reduce the number of passengers permitted to be carried by such number as he may think fit.

MAXIMUM NUMBER OF PERSONS NOT TO EXCEED NUMBER OF ADEQUATE LIFE SAVING APPLIANCES

32.	(1)	The maximum number of persons carried, including passengers and crew, shall not exceed the number for which adequate life saving appliances are carried as shown in the vessel's safety certificate.

(2)	The owner, master or bosun of any vessel which proceeds to sea with a greater number of persons than that permitted by this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT300,000 or to a term of imprisonment not exceeding 3 years or to both such fine and imprisonment:

Provided that nothing in this section shall prevent the licensing officer from permitting a greater number of persons than that prescribed to be carried in the event of an emergency.

PART VI
LOADING OF VESSELS

MINIMUM FREEBOARD

33.	(1)	The Principal Licensing Officer shall prescribe for every vessel requiring a safety certificate a freeboard below which the vessel may not load and shall require the said vessel to be marked in accordance with the provisions contained in subsection (2) of this section. The master, bosun or owner of any vessel which proceeds to sea with a lesser freeboard than that prescribed or without having the vessel marked in accordance with this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT300,000 or to a term of imprisonment not exceeding 3 years or to both such fine and imprisonment.

(2)	(a)	Every vessel being a vessel of 150 gross tons or over shall have her
freeboard assigned as prescribed by the International Convention on Load Lines, 1966 as from time to time amended.

(b)	Every vessel being a vessel of less than 150 gross tons, shall have her freeboard assigned as prescribed in Schedule 13:

Provided that the Principal Licensing Officer may, if he deems it advisable having due regard to the design, construction, age and condition of the vessel or in special circumstances assign a greater or lesser freeboard to such limit as may be necessary to ensure the safety of the vessel in adverse weather conditions.

PART VII
UNSEAWORTHY VESSELS

UNSEAWORTHY VESSELS

34.	(1)	Any person who sends or attempts to send, or is party to sending or attempting to send, a vessel to sea in such an unseaworthy state that the life of any person is thereby likely to be endangered shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT500,000 or to a term of imprisonment not exceeding 5 years or to both such fine and imprisonment:

Provided that no such offence shall be deemed to have been committed if he proves either that he used all reasonable means to ensure her being sent to sea in a seaworthy state, or that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable.

(2)	If the master or bosun of any vessel knowingly takes any vessel to sea in such an unseaworthy state that the life of any person is thereby likely to be endangered he shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT500,000 or to a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.

(3)	For the purposes of this section any vessel the safety of which is impaired due to the forward vision of the lookout or watchkeeper being obscured by reason of the disposition of deck cargo or passengers, or from any other cause, shall be deemed to be unseaworthy.

(4)	A prosecution under this section shall not be instituted otherwise than by or with the consent of the Attorney General.

PART VIII
DANGEROUS GOODS

PENALTY FOR MISDESCRIPTION OF DANGEROUS GOODS

35.	(1)	No person shall send or attempt to send or cause or permit to be sent to sea any dangerous goods without -

(a)	giving due notice to the owner, master or bosun of the vessel on which it is intended that they shall be so sent to sea; and

(b)	marking upon the said goods their description.

(2)	Any person who knowingly sends or attempts to send, or carries or attempts to carry in any vessel any dangerous goods under a false description, or who falsely describes them, shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.

POWER TO DEAL WITH GOODS SUSPECTED OF BEING DANGEROUS

36.	(1)	The owner, master or bosun of any vessel may refuse to take on board any package or parcel which he suspects to contain any dangerous goods, and may require it to be opened to ascertain the fact.

(2)	Where -

(a)	any dangerous goods are sent to sea in contravention of subsection (1) of section 35;

(b)	any other goods become or are in the opinion of the owner, master or bosun likely to become dangerous;

(c)	any goods are found to be dangerous after being opened under the provisions of subsection (1) of this section;

the owner, master or bosun of the vessel may cause those goods to be thrown overboard, together with any package or receptacle in which they are contained; and neither the owner, master nor bosun of the vessel shall be subject to any liability, civil or criminal, in any court, for so throwing the goods overboard.

PART IX
DISCIPLINE

OFFENCES BY SEAMEN

37.	(1)	Any seaman who being lawfully engaged to serve in any vessel -

(a)	strikes or assaults any person on board or belonging to the vessel; or

(b)	unlawfully combines with any one or more of the crew; or

(c)	wilfully damages the vessel or embezzles or wilfully damages any of her stores, equipment or cargo; or

(d)	brings or has on board, without the concurrence of master or bosun, any intoxicating liquors or substances or drugs; or

(e)	is drunk or under the influence of any intoxicating substance or drugs;

(f)	or takes or has on board, without the concurrence of the master or bosun, any firearm, knuckleduster, loaded cane, slingshot, sword, stick, dagger or any other offensive weapon or offensive instrument; or

(g)	uses insolent or contemptuous language or behaviour to the master, bosun or other officer;

shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a term of imprisonment not exceeding 1 year or to both such fine and imprisonment.

(2)	A master or bosun shall be liable to punishment for the said offences as if he were a seaman.

PART X
MISCELLANEOUS

RADIO

38.	(1)	Every foreign going vessel of 500 tons gross and upwards and every foreign going passenger vessel shall be provided with a radio installation to comply with the International Convention on Safety of Life at Sea, 1974, as from time to time amended.

(2)	Every vessel other than those vessels prescribed in the immediately preceding subsection of this section or a coastal vessel shall be provided with a type approved radio/telephone installation.

(3)	Every vessel required to be provided with a radio/telephone installation shall, when in Vanuatu, report its position to Vila Radio Station at least once every 24 hours.

(4)	The master or bosun of any vessel who fails, without reasonable cause, to report the position of his vessel as required by this section shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT50,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment.

SUFFICIENT FUEL TO BE CARRIED

39.	(1)	Every vessel which is primarily or secondarily mechanically propelled shall be equipped with tanks capable of containing a sufficient quantity of fuel necessary for any voyage on which it might normally be expected to proceed.

(2)	A master of a vessel -

(a)	which is primarily propelled mechanically, who fails to carry sufficient fuel to complete a voyage to the next scheduled port or place of call at which fuel is available, including any extension of such voyage that may reasonably be expected, and in addition to maintain an adequate reserve of fuel to meet any emergency that may reasonably be expected; or

(b)	which is secondarily propelled mechanically, who fails to carry sufficient fuel to meet any emergency that may reasonably be expected;

shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a term of imprisonment not exceeding 1 year, of to both such fine and imprisonment.

EXEMPTIONS

40.	The Principal Licensing Officer may exempt, subject to such conditions as he thinks fit to impose, any vessel from compliance with any requirement of this Act, for the period of any voyage or voyages, if he is satisfied that the said requirement is either impracticable or unreasonable having regard to all the circumstances of the case.

PART XI
PENAL PROVISIONS

OFFENCES IN CONNECTION WITH VESSELS

41.	(1)	Any person who -

(a)	being drunk or under the influence of drugs or being disorderly has been on that account refused admission to a vessel by the owner or any person in his employment, nevertheless persists in attempting to board the vessel; or

(b)	being drunk or under the influence of drugs or being disorderly on board a vessel is requested by the owner or any person in his employ to leave the vessel at any place in Vanuatu, at which he can conveniently do so, does not comply with the request; or

(c)	on board a vessel, after warning by the master or other officer thereof, molests or continues to molest any passenger; or

(d)	after having been refused admission to a vessel by the owner or any person in his employ on account of the vessel being full nevertheless persists in attempting to enter the vessel; or

(e)	having gone on board a vessel at any place, and being requested, on account of the vessel's being full, by the owner or any person in his employ to leave the vessel, before it has quitted that place does not comply with that request; or

(f)	travels or attempts to travel in a vessel without first paying his fare, and with intent to avoid payment thereof; or

(g)	having paid his fare for a certain distance, knowingly and wilfully proceeds in a vessel beyond that distance without first paying the additional fare for the additional distance, and with intent to avoid payment thereof; or

(h)	on arriving in a vessel at a point to which he has paid his fare, knowingly and wilfully refuses or neglects to quit the vessel; or

(i)	on board a vessel fails, when requested by the master or other officer thereof, either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare for the vessel;

shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT25,000 or to a sentence of imprisonment not exceeding 2 months, or to both such fine and such imprisonment, but such liability shall not prejudice the recovery of any fare payable to him.

(2)	Any person on board any vessel who wilfully does or causes to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of the vessel, or to obstruct, impede, or molest the crew, or any of them in the navigation of management of the vessel, or otherwise in the execution of their duty on or about the vessel, shall be guilty of an offence and on conviction shall be liable to a fine not exceeding VT50,000 or to a sentence of imprisonment not exceeding 6 months or to both such fine and imprisonment.

(3)	The master or other officer of any vessel and all persons called by him to his assistance, may, without any warrant, detain any person who commits any offence against this section and convey the offender with all convenient despatch before a magistrate to be dealt with according to law.

MISCONDUCT ENDANGERING LIFE OR SHIP

42.	If a master or bosun, or, any person employed in any capacity as a member of the crew of any vessel, by wilful breach of duty or by neglect of duty or by reason of drunkenness or by reason of being under the influence of drugs-

(a)	does any act tending to the immediate loss, destruction or serious damage of the vessel, or tending immediately to endanger the life or limb of a person belonging to or on board the vessel; or

(b)	refuses or omits to do any lawful act proper and requisite to be done by him for preserving the vessel from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the vessel from immediate danger to life or limb;

he shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT100,000 or to a sentence of imprisonment not exceeding I year or to both such fine and imprisonment.

GENERAL PENALTY

43.	Any person committing any offence against any of the provisions of this Act for which no specific penalty is provided shall be liable to a fine not exceeding VT50,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment.

LIABILITY OF CORPORATIONS

44.	In the event of any contravention of any of the provisions of this Act by an owner, being a limited company, or other corporation, such limited company or other corporation shall be liable to the fines prescribed being recoverable by distress.

PART XII
REGULATIONS

POWER TO MAKE REGULATIONS

45.	(1)	The Minister may by Order make regulations not inconsistent with this Act for the better carrying out or giving effect to the provisions of this Act.

(2)	Without derogating from the generality of subsection (1) the Minister may in such Orders provide for -

(a)	the forms to be used for the purposes of the Act and particulars to be included therein;

(b)	the fees payable to the licensing officer;

(c)	the various matters in respect of which fees are payable;

(d)	a penalty of not more than VT50,000 or a term of imprisonment not exceeding 6 months or both such fine and imprisonment for contravention of any such regulations.

(3)	The Minister may from time to time by Order add to or vary or modify any of the Schedules to the Act including any matter set out therein.

APPEALS AGAINST DECISIONS OF LICENSING OFFICERS

46.	(1)	Any person dissatisfied with any decision of a licensing officer under this Act may, within 21 days after being notified thereof, appeal to the Minister by sending notice in writing of the grounds of his dissatisfaction, and the Minister shall decide the appeal as to him shall seem just and shall notify the appellant and the licensing officer forthwith.

(2)	Any persons dissatisfied with any decision of the Minister may, within 21 days after being notified thereof, appeal to the Supreme Court by sending notice in writing of the grounds of his dissatisfaction to the Registrar of the Supreme Court.

(3)	Any appeal under subsection (2) of this section may, in the discretion of any judge of the Supreme Court, be heard in chambers and may be determined summarily, and shall in any event be subject to such terms as to costs or otherwise as the court may direct.

(4)	The decision of the court shall be communicated to the appellant and to the licensing officer concerned as soon as possible and such decision shall be final and conclusive and shall not be questioned in any other court or proceedings whatsoever.

PART XIII
APPLICATION

APPLICATION

47.	(1)	Notwithstanding anything to the contrary the provisions of this Act shall not apply to vessels registered under the Maritime Act, Cap. 131.

(2)	This Act shall apply to vessels and persons in the public service of the government in a civil capacity.

__________________________

SCHEDULE 1
(Section 4(l))

(a)	Grades of Certificates of Competency for Masters, Mates and Coxswains

(i)	Master Pacific Is. Vanuatu.

(ii)	Mate Pacific Is. Vanuatu.

(iii)	Master Vanuatu.

(iv)	Mate Vanuatu.

(v)	Coxswain 1st Class

(v)	Coxswain 2nd Class.

(vii)	Coxswain 3rd Class.

(b)	Grades of Certificates of Competency for Engineers and Mechanics

(i)	Engineer 500 B. H. P.

(ii)	Engineer 300 B.H.P.

(iii)	Mechanic 1st Class.

(iii)	Mechanic 2nd Class.

(v)	Mechanic 3rd Class.

_______________________

SCHEDULE 2
(Section 4(2))

Application for Examination for a Certificate of Competency

Name in full ..............................................................................................................………
Date of application .....................................................................................................……...
Certificate of competency for which applicant wishes to be examined ................................
………....................................................................................................................................
Certificate of competency applicant now holds ....................................................................
Age of applicant .........................................................................................................……...

Signature of applicant ..................................................................................................…….

I certify that I have served in the following capacities -

Months

(a)	For Coxswains, Mates and Masters			……………………….
As Seaman						……………………….
As Coxswain 3rd Class				……………………….
As Coxswain 2nd Class				……………………….
As Coxswain 1st Class					……………………….
As Mate Vanuatu					……………………….
As Master Vanuatu					……………………….
As Mate Pacific Is. Vanuatu				……………………….
In sea training establishment				……………………….

TOTAL:	___________________

(b)	For Engineers and Mechanics				………………………..
In shop							………………………..
At sea engaged as					………………………..
At sea engaged as					………………………..
At sea engaged as					………………………..
In engine training establishment			………………………..

TOTAL:	_____________________

(c)	Address to which reply should be sent:
….............................................................................................................................

(d)	Remittance enclosed covering fee .................... specified in Part 1 of Schedule 3 to this Act.

_______________________

SCHEDULE 3
(Section 4(3))

Fees for Certificates of Competency

PART 1

VATU

Coxswain 3rd Class		shall be		500
Coxswain 2nd Class		shall be		1,000
Coxswain 1st Class		shall be		1,000
Mate Vanuatu		shall be		1,500
Master Vanuatu		shall be		1,500
Mate Pacific Is. Vanuatu		shall be		2,000
Master Pacific Is. Vanuatu 		shall be		2,000
Mechanic 3rd Class		shall be		500
Mechanic 2nd Class		shall be		1,000
Mechanic 1st Class		shall be		1,000
Engineer 300 B.H.P.		shall be		1,500
Engineer 500 B.H.P.		shall be		2,000

(Section 12)
PART 2

VATU

(a)	Coxswains and Mechanics					shall be	200

(b)	Masters, Mates and Engineers				shall be	200

__________________

SCHEDULE 4
(Section 5(1))

Prerequisites for Examination for Certificate of Competency

Coxswain 3rd Class

A candidate for a certificate of competency as Coxswain 3rd class must have attained the age of 18 years and must have served for a period of not less than I year at sea in the deck department.

Coxswain 2nd Class

A candidate for a certificate of competency as Coxswain 2nd class must have attained the age of 19 years and must have served for a period of not less than 18 months at sea in the deck department.

Coxswain 1st Class

A candidate for a certificate of competency as Coxswain 1st class must have attained the age of 21 years and must have served at sea for a period of not less than 18 months while in possession of a certificate of competency as Coxswain 2nd class:

Provided that a period not exceeding 6 months of this service may be remitted for attendance at an approved sea training establishment.

Mate Vanuatu

A candidate for a certificate of competency as Mate Vanuatu must have served at sea in the deck department on outer islands or foreign going vessels for a period of not less than 3 years. Service on coastal or inner islands vessel may count at two thirds rate provided that at least 1 year must have been served on outer islands or foreign going vessels:

Provided that a period not exceeding 6 months of this service may be remitted for attendance at an approved sea training establishment.

Master Vanuatu

A candidate for a certificate of competency as Master Vanuatu must have attained the age of 23 years and must have served at least 2 years at sea while in possession of a certificate of competency as Mate Vanuatu. Of this a period of not less than 1 year must have been served as a watch-keeping officer on outer islands or foreign going vessels.

Mate Pacific Is. Vanuatu

A candidate for a certificate of competency as Mate Pacific Is. Vanuatu must have attained the age of 23 years and must have served a period of not less than 2 years at sea while in possession of a certificate of competency as Mate Vanuatu. Of this a period of not less than 1 year must have been served as a watch-keeping officer on outer islands or foreign going vessels.

Master Pacific Is. Vanuatu

A candidate for a certificate of competency as Master Pacific Is. Vanuatu must have attained the age of 25 years and must have served a period of not less than 2 years at sea while in possession of a certificate of competency as Master Vanuatu or as Mate Pacific Is. Vanuatu. Of this 2 year period a period of not less than 1 year must have been served as a watch-keeping officer on outer islands or foreign going vessels and a period of not less than 1 year must have been served as a watch-keeping officer on a foreign going vessel:

Provided that a period of not more than 6 months may be remitted for attendance at an approved sea training establishment.

Mechanic 3rd class

A candidate for a certificate of competency as a Mechanic 3rd class must have attained the age of 18 years and must have had experience for a period of not less than I year of internal combustion or compression ignition engines, 6 months of which period must have been served at sea.

Mechanic 2nd class

A candidate for a certificate of competency as a Mechanic 2nd class must have attained the age of 19 years and must have had experience for a period of not less than 18 months of internal combustion or compression ignition engines, I year of which time must have been served at sea.

Mechanic 1st class

A candidate for a certificate of competency as a Mechanic 1st class must have attained the age of 21 years and must have served for a period of not less than 18 months while in possession of a certificate of competency as Mechanic 2nd class:

Provided that a period of not more than 12 months of this service may be remitted in respect of approved workshop service.

Engineer 300 B.H.P.

A candidate for a certificate of competency as Engineer 300 B.H.P. must have attained the age of 21 years and must have served for a period of not less than 3 years and 6 months at sea. Such sea service must have been performed in vessels of at least 100 B.H.P. Service on vessels of a power of less than 100 B.H.P., but not less than 25 B.H.P. may count at two-thirds rate provided that not less than 6 months must have been served on vessels of a power of at least 100 B.H.P.:

Provided that a period of not more than 2 years of this service may be remitted in respect of approved workshop service.

Engineer 500 B.H.P.

A candidate for a certificate of competency as Engineer 500 B.H.P. must have attained the age of 23 years and must have served for a period of not less than 2 years at sea while in possession of a certificate of competency as Engineer 300 B.H.P. Of this 2 year period at least 1 year must have been served as an engineer in vessels with main engines of an aggregate power of at least 140 B.H.P.

________________________

SCHEDULE 5
(Section 7)

Syllabuses of Examinations

COXSWAIN 3RD CLASS

(1)	The examination for a certificate of competency as a Coxswain 3rd class shall comprise the following -

(a)	Local knowledge - oral and practical -

(i)	The topography of the area for which the candidate is to be certified including the position of dangerous reefs and obstructions, boat passages, safe anchorages and land marks.

(ii)	Local weather patterns.

(iii)	Currents and tidal streams in the area.

(b)	General ship knowledge--oral and practical -

(i)	The steering and sailing rules contained in Part B of the International Regulations for Preventing Collisions at Sea, 1972 as from time to time amended and the lights to be carried by vessels under various conditions.

(ii)	Steering by compass.

(iii)	Names of principal parts of a ship's structure.

(iv)	Care and use of fire fighting and lifesaving appliances and distress signals.

(v)	Care and maintenance of vessels.

(vi)	Knots and hitches-reef knot, bowline.

(vii)	Boat handling under normal conditions including berthing, unberthing, anchoring, picking up objects or persons from the water.

COXSWAIN 2ND CLASS

(2)	The examination for a certificate of competency as a Coxswain 2nd class shall comprise the following -

(a)	Local knowledge-oral and practical-as for Coxswain 3rd class but requiring less detailed knowledge of any one locality and more general knowledge of inner island waters.

(b)	General ship knowledge--oral and practical-as for Coxswain 3rd class with the addition of -

(i)	Use and marking of leadline.

(ii)	Use of sea anchor.

(iii)	Names and functions of various parts of a ship, e.g. decks, bulwarks, strums, etc.

(iv)	General ship routine.

(v)	Paint and its uses.

(vi)	Operation of windlass.

(vii)	Operation of winches, derricks and cargo gear.

(viii)	Stowage of cargo and trim of vessel.

(ix)	Standing and running rigging.

(x)	Reeving boat falls and tackles.

(xi)	Knots, splices and hitches-round turn and 2 half hitches, eye splices, short splice, back splice, common whipping.

(xii)	Battening down and securing for sea.

(c)	Navigation and ship handling-oral and practical -

(i)	Principal symbols used on admiralty charts and interpretation of charted information.

(ii)	Setting and steering a given course.

(iii)	Keeping a plot on a given marked course on the chart.

(iv)	Boat handling in all weather conditions, including towage, and turning short round.

COXSWAIN 1ST CLASS

(3)	The examination for a certificate of competency as a Coxswain 1st class shall comprise the following -

(a)	Local knowledge-oral and practical-as for Coxswain 2nd class.

(b)	General ship knowledge--oral and practical-as for Coxswain 2nd class with the addition of -

(i)	Cause and prevention of corrosion.

(ii)	Meaning of "stiff " and "tender" and proper loading.

(iii)	Practical use of tackles.

(iv)	Lifting and stowing heavy weights.

(v)	Types of anchors and their advantages.

(vi)	Anchor cables and their care.

(vii)	Precautions to be taken on the approach of bad weather.

(viii)	How to act in the case of collision, fire, stranding, approaching sharp bends, man overboard and other emergencies.

(ix)	Elementary ideas on damage control.

(x)	The International Regulations for Preventing Collisions at Sea, 1972, as from time to time amended, and the use of compass to ascertain risk of collision.

(xi)	Anchoring, anchoring in a seaway, anchoring in a confined space, precautions to be taken when riding to a single anchor, uses of a second anchor and mooring.

(xii)	How to clear a foul hawse.

(xiii)	The rigging and use of an improvised sea anchor.

(c)	Navigation-oral and practical-as for Coxswain 2nd class with the addition of -

(i)	Application of variation and deviation to true magnetic and compass bearings and courses.

(ii)	Laying off a course on the chart, applying the necessary corrections to find the compass course to steer.

(iii)	Taking and plotting simultaneous cross bearings.

(iv)	Finding the ship's position by 4 point bearing.

(d)	Signals-oral -

(i)	Elementary operation of R/T.

(ii)	R/T Distress procedure.

(e)	First Aid -

(i)	Simple first aid. 

(ii)	Artificial respiration.

MATE VANUATU

(4)	The examination for a certificate of competency as Mate Vanuatu shall comprise the following -

(a)	Local knowledge-oral-as for Coxswain 1st and 2nd class but with additional knowledge of Vanuatu waters generally.

(b)	General ship knowledge - oral - as for Coxswain 1st class with the addition of -

(i)	Rigging jury rudder and emergency steering.

(ii)	Improvised emergency jury sail.

(iii)	How to make and use cement boxes.

(iv)	General knowledge of ship construction.

(v)	Duties of officer of the watch.

(c)	Navigation-written (3 hours) and oral-as for the oral examination for Coxswain 1st class with the addition of -

(i)	Allowance for leeway and set.

(ii)	Fixing the ship's position by 2 single bearings with a run between.

(iii)	Plain sailing.

(iv)	Use of traverse table.

(d)	Signals-oral-as for Coxswain 1st class with the addition of recognition and single letter meanings of the International Code flags.

(e)	First aid-as for Coxswain 1st class.

MASTER VANUATU

(5)	The examination for a certificate of competency as Master Vanuatu shall comprise the following -

(a)	Local knowledge-oral as for Mate Vanuatu.

(b)	General ship knowledge-oral-as for Mate Vanuatu with the addition of -

(i)	Use of sextant, finding and applying index error.

(ii)	Checking chronometer error by W/T time signal.

(iii)	Strength of ropes and wire.

(iv)	General ideas on ship construction.

(v)	Use of aneroid barometer.

(vi)	Indications of approaching bad weather, tropical revolving storms, etc., and necessary action to be taken.

(vii)	The use and care of azimuth mirror and chronometer.

(c)	Navigation-written (3 hours)-as for the examination for Mate Vanuatu with the addition of -

(i)	Variation, deviation and local attraction of compass.

(ii)	To find the deviation by the bearing of 2 objects in line and by amplitude and azimuth of the sun (use of tables only required).

(iii)	To find on a chart the course to steer by compass to counteract the effects of a given current and find the distance the ship will make good towards a given point in a given time.

(iv)	To work a day's work.

(v)	To find a latitude by meridian altitude of the sun.

(d)	Signals, as for Mate Vanuatu with the addition of -

(i)	Use of the International Code of Signals, Volume 1.

(ii)	Morse code by flashing up to 6 words per minute.

(iii)	British semaphore up to 8 words per minute.

(e)	First aid-as for Mate Vanuatu.

MATE PACIFIC ISLANDS, VANUATU

(6)	The examination for a certificate of competency as Mate Pacific Islands, Vanuatu shall comprise the following -

(a)	Mathematics and principles of navigation-written (3 hours) -

(i)	Algebra-addition, subtraction, multiplication, division, law of indices, insertion and removal of brackets, simple equations, problems, graphs.

(ii)	Common logarithms-the use of common logarithms in calculations involving multiplication and division, powers and roots.

(iii)	Geometry-construction and properties of triangles, circles, chords and tangents, diagrams of forces.

(iv)	Trigonometry-measurements of angles, solution of plane right-angled and oblique triangles. Use of traverse table for solution of plane right-angles.

(v)	Principles of navigation -

Understanding of terrestrial and celestial spheres.
Real and apparent movement of heavenly bodies.
Time and G.H.A. and relationship between time and longitude.
The principle of the sextant.
The correction of sextant altitudes.
Geographical position of heavenly bodies and position circles.
Magnetic and compass meridian, variation and deviation.
Simple properties of mercator charts, their advantages and disadvantages.
Rhumb lines.

(b)	General nautical knowledge-written (3 hours) and oral-as for the oral examination for Master Vanuatu with the addition of -

(i)	Dunnaging and stowage of cargo.

(ii)	Precautions against heavy weather.

(iii)	An acquaintance with the construction of wooden and small steel vessels, including framing, beams, beam knees, hatchways, rudders, steering gear, sounding pipes, air pipes and pumping arrangements.

(iv)	The meanings of block coefficient, displacement, deadweight.

(v)	Rigging for cargo work.

(vi)	Protection of cargoes.

(vii)	Conversion of weight measurement of cargo into space measurements and vice versa.

(viii)	Handling of heavy weights.

(ix)	Ship maintenance.

(x)	The fire and livesaving requirements for foreign going vessels.

(xi)	The use and care of all deck appliances and fittings.

(xii)	Anchors and cables.

(xiii)	Ship handling in port approaches and bad weather.

(xxiii)	Care of compass.

(xxiv)	Reliability of charts.

(xxv)	Landfalls in thick and clear weather.

(xxvi)	Knowledge of notices to mariners, annual summary.

(xxvii)	Ship's business.

(xxviii)	Entering and clearing port.

(xxix)	Pratique, etc.

(c)	Navigation-written (3 hours)-as for Master Vanuatu with the addition of -

(i)	Finding the time and height of high and low water at a secondary port.

(ii)	Reduction of soundings.

(iii)	Distance of sighting lights.

(d)	Signals-as for Master Vanuatu.

(e)	First aid and tropical hygiene-as for the first aid examination for Mate Pacific Islands, Vanuatu with the addition of the following -. 

(f)	Meteorology-written (3 hours) -

(i)	Principles and use of barometer, thermometer and hygrometer.

(ii)	Knowledge of the main pressure, wind and current systems of the Pacific Ocean.

(iii)	Relationship between pressure and wind.

(iv)	Buys Ballot's Law

(v)	The characteristics of anticyclones, depressions, monsoon systems, tropic revolving storms, land and sea breezes.

(vi)	Beaufort wind scales and weather notation.

(vii)	Principal cloud types.

(viii)	Simple ideas on fronts.

(ix)	General points to consider in selection of ocean routes.

(g)	Magnetism, electricity and engineering-written (2 hours) -

(i)	Simple magnetism, poles of a magnet, laws of magnetism, magnetic field.

(ii)	Earth's magnetic field magnetic force, dip horizontal and vertical components, magnetic variation.

(iii)	Deviation, "hard" and "soft" iron, siting of compasses on board ship.

(iv)	Simple electrics, current, voltage, resistance, Ohm's Law, direct and alternating current.

(v)	Principle of the dynamo and electric motor.

(vi)	Fuses, switches and simple ship's circuits.

(vii)	Simple mechanics, heat work and power.

(viii)	Simple mechanical engineering, principles of steam reciprocating and turbine machinery internal combustion and compression ignition engines.

(ix)	Ship's pumps, valve chests, and piping arrangements.

(x)	Horsepower, fuel consumption, propeller slip.

MECHANIC 3RD CLASS

(8)	The examination for a certificate of competency as Mechanic 3rd class shall be conducted in such manner as the examiner may seem fit to satisfy himself that the candidate possesses sufficient working knowledge to operate and maintain the class of engine he will be in charge of. The emphasis shall be in the practical application of such knowledge with particular reference to fuel system, lubrication system, bilge connections and cleanliness of bilges, together with knowledge of operation of fire fighting appliances and fire prevention. The examiner shall endorse on the certificate the type of engine for which the candidate has been examined and such certificate shall be valid only for that type of engine.

MECHANIC 2ND CLASS

(9)	The examination for a certificate of competency as Mechanic 2nd class shall comprise the following, with emphasis on the practical application of the necessary knowledge -

(a)	Engineering knowledge-oral and practical -

(i)	The working of internal combustion and compression ignition engines.

(ii)	Engine maintenance.

(iii)	Starting and reversing arrangements.

(iv)	Two-stroke and four-stroke cycles.

(v)	Circulation systems.

(vi)	Lubrication systems.

(vii)	Care and changing of injectors.

(viii)	Care and charging of batteries, fuses.

(b)	Marine engineering knowledge-oral and practical -

(i)	Shaft couplings and bearings.

(ii) Stern glands and bushes.

(iii)	Circulating systems.

(iv)	Propellers.

(v)	Water strainers.

(c)	Fire precautions-oral and practical -

(i)	Precautions to be taken against outbreak of petrol, oil or electrical fires.

(ii)	Use and recharging of fire extinguishers.

MECHANIC 1ST CLASS

(10)	The examination for a certificate of competency as Mechanic 1st class shall comprise the following -

(a)	Engineering knowledge-oral and practical-as for Mechanic 2nd class with the addition of knowledge and maintenance of hydraulic systems used on engine remote controls, windlass and winches.

(b)	Marine engineering knowledge-oral and practical-as for Mechanic 2nd class with the addition of-fresh water and salt water circulation systems.

(c)	Fire precautions-oral and practical-as for Mechanic 2nd class.

(d)	Electrical knowledge-oral and practical -

(i)	Care and maintenance of batteries.

(ii)	Simple light circuits.

(iii)	Fuses and their function.

(iv)	Care of electric motors and dynamos.

ENGINEER 300 B.H.P.

(11)	The examination for a certificate of competency as Engineer 300 B.H.P. shall comprise the following -

(a)	Engineering knowledge-oral-as for Mechanic 1st class with the addition of-

(i)	Governors.

(ii)	Injectors.

(iii)	Electric starting.

(iv)	Air starting.

(v)	Fuel pumps and carburettors.

(vi)	Fuel systems.

(vii)	Gear boxes and clutches.

(viii)	Air compressors.

(b)	Marine engineering knowledge-oral-as for Mechanic 1st class with the addition of -

(i)	Bilge pumps and pumping arrangements.

(ii)	Stern gear lubrication.

(iii)	Method of attaching propellers to shaft.

(iv)	Rudder particulars.

(v)	Steering gear.

(vi)	Knowledge of refrigeration.

(vii)	Underwater fittings.

(c)	Fire precautions-oral-as for Mechanic 1st class with the addition of-types of extinguishers and their use for different types of fires.

(d)	Mathematics-written (1 hour) -

(i)	Tank capacities.

(ii)	Consumption per mile and per hour.

(e)	Drawing (1 hour)-freehand sketches with measurements.

(f)	Electrical knowledge-written (1 hour) -

(i)	Battery care and maintenance.

(ii)	Simple circuits.

(iii)	Fuses.

ENGINEER 500 B.H.P.

(12)	The examination for a certificate of competency as Engineer 500 B.H.P. shall comprise the following -

(a)	Engineering knowledge-written (2 hours)-as for Engineer 300 B.H.P. with the addition of -

(i)	Care of air bottles.

(ii)	Engine timing.

(iii)	Fuel pump calibration.

(iv)	Simple mechanics, heat, work and power.

(v)	Simple ship construction.

(b)	Marine engineering knowledge-written (2 hours)-as for Engineer 300 B. H. P. with the addition of -

(i)	Knowledge of direct reversing engines.

(ii)	Propellers and pitch, etc.

(iii)	Operation of hydraulic clutch and reverse.

(iv)	Engine alignment.

(c)	Fire precautions-written (1 hour)-as for Engineer 300 B.H.P. with the addition of-knowledge of the action of various types of extinguishers and their care and maintenance.

(d)	Mathematics-written (3 hours)-as for Engineer 300 B.H.P. with the addition of -

(i)	Propeller problems, pitch and slip, etc.

(ii)	Consumption variations in relation to horsepower and speed, etc.

(iii)	Simple electrical problems.

(iv)	Areas of different figures.

(v)	Volumes of different solids.

(vi)	Powers and roots.

(vii)	Use of common logarithms.

(e)	Drawing (2 hours)-making and dimensioning of simple mechanical working drawings.

(f)	Electrics-written (2 hours)-as for Engineer 300 B.H.P. with the addition of-

(i)	Battery charging.

(ii)	Dynamics.

(iii)	Electrical starters.

(iv)	Switchboards.

(v)	Electric motors and their starters.

(vi)	Mechanical ventilation.

___________________________

SCHEDULE 6
(Section 9)

Republic of Vanuatu
Shipping Act, Cap. 53

Certificate of Competency

This is to certify that ....................................................................................................…….
has been found competent to fulfil the duties of
.............................................................................. (a)

This certificate is valid in the following waters
.............................................................................. (b)
for an engine of the type stated
............................................................................ (c)

Certificate number ...........................................................…...
Place issued ....................................................................…….
Date issued ....................................................................……..

Signature of holder ..................

Signature of Principal Licensing Officer .................................

Date .............................................................................……….

Notes -

(a)	Insert here the grade of certificate awarded.

(b)	In the case of Coxswain 3rd class insert here the locality for which the certificate is valid.

(c)	In the case of Mechanic 3rd class the type of engine for which the certificate is valid must be stated.

___________________

SCHEDULE 7
(Section 16(1))

Crew Requirements

(a)	Deck Officers

(i)	A vessel of 500 gross tons upwards and any passenger vessel engaged on a foreign going voyage, to the scale required by the International Convention for Safety of Life at Sea, 1974;

(ii)	A vessel, other than a passenger vessel, or under 500 gross tons engaged on a foreign going voyage, with a Master Pacific Islands, Vanuatu and a Master Vanuatu;

(iii)	A vessel of 100 feet in length and upwards engaged on an outer islands voyage, with a Master Vanuatu and a Mate Vanuatu;

(iv)	A vessel of under 100 feet in length engaged on an outer islands voyage, with a Coxswain 1st class and a Coxswain 2nd class;

(v)	A passenger vessel engaged on an inner islands voyage, with a Coxswain 2nd class and a Coxswain 3rd class;

(vi)	A vessel, other than a passenger vessel, engaged on an inner islands voyage -

(a)	of 35 feet in length and upwards, with a Coxswain 2nd class;

(b)	of under 35 feet in length with a Coxswain 3rd class;

(vii)	A passenger vessel engaged on a coastal voyage -

(a)	of 35 feet in length and upwards with a Coxswain 2nd class;

(b)	of under 35 feet in length with a Coxswain 3rd class;

(viii)	A vessel, other than a passenger vessel, engaged on a coastal voyage, with a Coxswain 3rd class.

(b)	Engineer Officers

(i)	A vessel with main engines of over 500 B.H.P. with an engineer holding a certificate of competency as Second Class Engineer motor, or steam and motor, issued by the competent authority of a specified country, and an Engineer 300 B.H.P.;

(ii)	A vessel with main engines of over 300 B.H.P. and not more than 500 B.H.P., with an Engineer 500 B.H.P. and a Mechanic 1st class;

(iii)	A vessel with main engines up to and including 300 B.H.P. engaged on a foreign going voyage with an Engineer 300 B.H.P. and a Mechanic 2nd class;

(iv)	A vessel with main engines of over 50 B.H.P. and not more than 300 B.H.P. engaged on an outer islands or inner islands voyage, with a Mechanic 1st class;

(v)	A vessel with main engines of not more than 50 B.H.P. engaged on an outer islands or inner islands voyage, with a Mechanic 2nd class;

(vi)	A vessel engaged on a coastal voyage, with a Mechanic 3rd class.

(c)	Seamen

(1)	Every vessel of less than 700 tons gross shall carry a minimum of seamen including the Master and officers, according to her class and size as follows -

Class of vessel		Number of seamen

Coastal Vessels		One seaman, plus one additional seaman for every
completed 20 feet in length.

Inner Island Vessels		Up to and including 20 feet in length, two seamen,
and there- after one additional seaman for every additional completed 15 feet in length;

Outer Island Vessels		Three seamen, plus one additional seaman for every
completed 20 feet in length;

Foreign Going Vessels	Four seamen, plus one additional seaman for every
completed 20 feet in length;

Of the additional seamen required by this Schedule at least half shall have served at sea for a minimum of 12 months.

(2)	Every vessel of 700 tons gross or upwards shall carry the minimum number of crew as required by the International Convention for Safety of Life at Sea, 1974.

____________________

SCHEDULE 8
(Section 19)

Republic of Vanuatu
Shipping Act, Cap. 53

Application for Survey of Vessel

Name of vessel ...........................................................................................................……...
Date and place built ...................................................................................................……...
Official no. or local registration no. .................................................................................…
Material of construction ........................................................................................…….......
Length ......................…........ Breadth ................…............ Depth .........….................... (a)
Gross tonnage ........................................ (b)
Number, type and make of engine ..................................................................................…..
Age of engine ............................................................................................................………
Class of vessel ........................................ (c)
Date of expiry of present certificate (if any) .........................................................................
Port at which survey is requested ....................................................................................…..
Date and place of last underwater examination ....................................................................

I hereby apply for survey of the above vessel in accordance with Section 19 of the Shipping Act, Cap. 53, and enclose remittance covering fee of VT ....................... specified in Schedule 9 to this Act.

Signature of master or owner .........................................................................................…...
Date of application .....................................................................................................……...
Address for reply .......................................................................................................………
.......................................................................................................………………………….

Notes -

(a)	"Length" means the length in feet from the forepart of the stem to the afterpart of the stern post, or if a vessel without a stern post, the forepart of the rudder stock;

"Breadth" means extreme breadth in feet not counting rubbers;

"Depth" means the height in feet of the midship section of the tope of the deckbeam in the middle line above the top of the keel.

(b)	Where the gross tonnage is not accurately known it will be determined by the formula -

Length x Breadth x Depth x 0.75
100

(c)	Viz: Coastal, Inner Islands, Outer Islands or Foreign Vessel.

______________________-

SCHEDULE 9
(Section 19)

Survey Fees

The fee for survey for a safety certificate of a vessel of the gross tonnage specified in column (1) of the following table shall be as specified opposite such vessel in column (2) of the table, and where for the convenience of the owner, the licensing officer attends in order to furnish satisfactory evidence as to condition as required by section 25 of this Act or for running surveys of machinery, or where it is necessary for the licensing officer to make additional visits to a vessel in order to ascertain whether defects or deficiencies noted at the time of the main survey have been rectified, the fee shown in column (3) of the table opposite such vessel shall be payable.
________________________________________________________________________

(1)				(2)				(3)
Gross tonnage of vessel	For the Survey		For every additional
visit
________________________________________________________________________

Less than 10 tons				VT3,500		VT500
10 and over but less than 25			VT6,500		VT1,000
25 and over but less than 50			VT10,000		VTI,500
50 and over but less than 100			VT13,500		VT2,000
100 and over but less than 150		VT20,000		VT3,000
150 and over but less than 300		VT26,000		VT4,000
300 and over but less than 500		VT33,000		VT5,000
500 and over					VT40,000		VT6,000
________________________________________________________________________

(2)	Where the gross tonnage of a vessel is not accurately known it shall be determined by the formula -

Length x Breadth x Depth in feet x 0.75
________________________________
100

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

SCHEDULE 10
(Section 20)

Republic of Vanuatu
Shipping Act, Cap. 53

Certificate of Survey

1.	General Particulars
Name of vessel .....................................................................................................….
Class .................................................................................................................…….
Port of registry.....................................................................................................…..
Official no. or local registration no............................................................................
Propulsion ..........................................................................................................…...
When and where built ...........................................................................................…
Owners name and address .....................................................................................…
....................................................................................

2.	General Description
Registered length ..........................................................................................………
Overall length ...................................................................................................…….
Registered breadth ...............................................................................................….
Loaded draft .......................................................................................................…...
Minimum freeboard ..............................................................................................…
Type of stem .......................................................................................................…..
Type of stem .......................................................................................................…..
Number and description of deck houses and superstructure .....................................
……............................................................................................................................
Construction ......................................................................................................……
Rig ...................................................................................................................……..
Number of W/T bulkheads ........................................................................................

3.	Particulars of Propelling Machinery
Number of main engines ..........................................................................................
Make ....................................	Type .....................................	B.H.P .................……

4.	Survey Certificate
I/We, the undersigned, certify that the vessel described above was surveyed by me/us in accordance with the provisions of the Shipping Act, Cap. 53 and that the condition of the hull, machinery, structures, fittings and equipment was as shown in the attached report.

The survey was carried out at ..................................................................................……….
on (date) …....................................................
........................................... Licensing officer

Signed ......................... this ......................... day of ................................... 19..........

______________________

SCHEDULE 11
(Section 25)
(Face)

Republic of Vanuatu
Shipping Act, Cap. 53

Safety Certificate

Name of Ship	Class	No. & Port of Registry or Local Registration No.	Name and Address of owner	Make, Type & B.H.P of Main Engine
	Registered	Gross Tonnage	Minimum Permitted Freeboard	Capacity in Gallons	
					Lgth	Brdth	Dpth				
										F.W	Fuel	

												
MINIMUM MANNING SCALE:	Coastal	Inner Is.	Outer Is.	F.G.	
Masters/Mates/Coxswains					
Engineers/Mechanics					
Additional Seamen					
MAS. NO. OF PASSENGERS PERMITTED
Saloon					
Deck berthed					
Deck unberthed					
MAX. NO. OF PERSONS
(Incl. Crew) PERMITTED TO BE CARRIED					

Validity -

The validity of this Certificate is dependent upon -

1.	The vessel being manned to at least the minimum manning scale shown above.

2.	Compliance with the minimum equipment scales shown hereunder.

(a)	Ground Tackle Mooring Lines, etc.

Anchors:	No:		Type:		Weight:
No:		Type:		Weight:
No:		Type:		Weight:
Cables:		No:		Size:		Length:
Lines:		No		Size:		Length:

(b)	Lights and Signalling Equipment -

Masthead		P & S side		Stern
Anchorlight		NUC lights		Balls & Shapes
Whistle/Siren		Foghorn		Bell
Signal torch		Daylight lamp		Semaphore flag
Code flags		Int. Code Book Vol. 1
Radio type		Power
Batteries capacity	Charger type		Capacity

(c)	Navigational Equipment -

Compasses		Means of taking
			Bearings
Charts			Parallel Rules		Instruments
Sextant			Chronometer
N. Almanac		N. Tables

(d)	Firefighting Appliances -

Fire buckets		with lanyard
Extinguishers fluid	Froth			Other
Pumps			Type
Hoses			Nozzles		Spray Nozzles
Sand receptacle	Smothering system
Fireman's outfit	Axes

(e)	Lifesaving Appliances -

Lifejackets for			Persons, Lifebuoys total:
Lifeboats for			Persons, (with lines: )
Infl. Liferafts for		Persons, (lights: )
Approved boats for		Persons, parach, signals:
Approved rafts for		Persons, Handflares:
Buoyant apparatus for		Persons, Smoke floats:
Other boats for		Persons, Portable radio:

(f)	Pumping Equipment etc.'

Bailers				Buckets
Hand Pumps			Power pumps

(g)	Cargo Gear			S.W.L

(h)	Other Equipment

3.	The vessel, hull, fixtures, fittings, machinery and equipment being maintained in good order and condition.

CERTIFICATE
(Reverse)

I, the undersigned, certify -

1.	That the vessel described above has been surveyed in accordance with the provisions of section 20 of the Shipping Act, Cap. 53.

2.	That the survey took place on ………………………………………………. (date)
at ………………………………. (place)

3.	That to the best of my knowledge and belief the vessel complies with all the requirements for a vessel of her class.

4.	That in pursuance of section 25 of the Shipping Act, Cap. 53 this Safety Certificate is now granted and shall remain in force until ……………… (date), unless previously invalidated, revoked or suspended.

Issued on ………………………… (date), at ………………………….. (place).

Signature of Principal Licensing Officer:	………………………………………………

Note -

This Certificate shall be issued in triplicate -
Original to be retained by the Owner.
Duplicate to be posted in the wheelhouse or other accessible place on board the vessel.
Triplicate to be retained by the Licensing Officer.

_______________________

SCHEDULE 12
(Section 28(l))

Republic of Vanuatu Shipping
Act, Cap. 53

Order of Detention

I, ................................................................................... (name of licensing officer) having received a complaint from ............................................................... (name of complainant) having reason to believe that ..................................................................... (name of vessel) lying at .......................................................................................... (place) is by reason of .........................................................................................................…………....................... ........................................................................................................................…………........ ...............................................................................................................................…………. unfit to proceed to sea without danger to human life and having undertaken a survey of ............................................................................................... (name of vessel) and being satisfied that ....................................................... (name of vessel) is unfit to so proceed do hereby order that ............................................................ (name of vessel) be detained until the following conditions have been complied with .............................................................. .................................................................................…………............................................... ................................................................................................…………................................

Dated the …………………. day of ………………	Signed		....................................

_______________________

SCHEDULE 13
(Section 33(2))

Freeboard

Minimum Freeboard	
Length of vessel in feet Open or partially decked vessels Fully decked vessels	
Under 20 ft. 11 inches 8 inches
20 ft. and under 30 12 ½ inches 9 ½ inches
30 ft. and under 40 14 inches 11 inches
40 ft. and under 50 16 ¾ inches 12 ½ inches
50 ft. and under 60 19 ½ inches 14 inches
60 ft. and under 70 22 ¾ inches 15 ½ inches
70 ft. and under 80 25 inches 17 inches
80 ft. and under 90 27 ¾ inches 18 ½ inches
Over 90 ft. 30 ½ inches 20 inches

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