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Shipping (Registration of Foreign Vessels) Act 2018


REPUBLIC OF NAURU

SHIPPING (REGISTRATION OF FOREIGN VESSELS) ACT 2018

______________________________

No. 2 of 2018
______________________________


An Act to provide for the establishment of the Nauru Foreign Vessel Administration and for the registration of foreign vessels and for related purposes

Certified: 26th January 2018

Table of Contents


PART 1 – PRELIMINARY
1 Short Title
2 Commencement
3 General Powers of the Minister
4 Delegation of powers of the Minister
5 Definitions


PART 2 – NAURU FOREIGN VESSEL ADMINISTRATION
6 Establishment of the Nauru Foreign Vessel Administration
7 Functions of the office of the Nauru Foreign Vessel Administration
8 Foreign Vessel Administrator


PART 3 – REGISTRATION OF VESSELS
9 Provisions relating to registration
10 Port of registry
11 Vessels to be registered
12 Restriction on registration
13 Survey and measurement of vessel
14 Change of construction of vessel
15 Documents retained by the Administrator
16 Marking of vessel
17 Application for registration
18 Declaration of ownership
19 Registration of vessels
20 Particulars of entry in the Register
21 Certificate of registry
22 Power to grant a new certificate
23 Power to inquire into ownership, etc. of a registered vessel
24 Registration and annual fees
25 Use of certificate
26 Penalty for improper use of certificate
27 Loss of certificate
28 Power to terminate registration
29 Suspension of certificate upon registration in another country
30 Change of ownership
31 Certificate to be surrendered if vessel is lost or no longer a Nauruan vessel
32 Provisional registration
33 Registration by bareboat charterer
34 Jurisdiction over a vessel registered under this Part
35 Transfer of ship
36 Registration of transfer
37 Transmission on death or bankruptcy
38 Transfer of vessel or shares by order of court
39 Power of Court to prohibit transfer
40 No notice of trusts
41 Equities not excluded by Act
42 Liability of beneficial owners
43 Mortgage of vessel or share
44 Discharge of mortgage
45 Priority of mortgages
46 Mortgagee not treated as owner
47 Mortgagee to have power of sale
48 Mortgagee not affected by bankruptcy
49 Transfer of mortgage
50 Transmission of interest in mortgage by death, bankruptcy, etc.
51 Registration of mortgage on provisional registration
52 Rules as to name of vessel
53 Registration of alterations
54 Registration anew on change of ownership
55 Wrecked vessel may be registered
56 Provision for cases of infancy or other incapacity
57 Vessel’s managing owner to be registered
58 Authority to dispense with declarations and other evidence
59 Inspection of register and admissibility of evidence
60 Fees
61 Form of documents and instructions
62 Forgery of documents
63 False declarations
64 National Character of a vessel to be declared before clearance
65 Penalty for unduly assuming Nauruan character
66 Concealment of Nauruan character or assumption of foreign character
67 Forfeiture for offence under section 68
68 National colours for vessels
69 Penalty on vessel not showing colours


PART 4 - INTERNATIONAL MARITIME CONVENTIONS
70 Application of International Maritime Conventions
71 Transitional
72 Compliance with International Conventions and Agreements


PART 5 - SAFETY
73 Detention of unsafe vessels
74 Notice to be given of detention of unsafe vessel
75 Offences in relation to unsafe vessels
76 Failure to carry equipment
77 Notification of serious danger to navigation
78 Obligation to assist person in danger of being lost
79 Duty of vessels to assist in case of collision
80 Right to salvage not affected
81 Definitions for the purposes of Part
82 Power to deal with goods suspected of being dangerous
83 Restriction on carriage of dangerous goods
84 Packing, etc. of dangerous goods
85 Definitions for the purposes of Part
86 Storage and carriage of bulk and grain cargoes
87 Meaning of ‘casualty’, etc.
88 Investigations and inquires
89 Preliminary investigation
90 Marine Inquiry
91 Power of Marine Inquiry
92 Failure to deliver certificate for cancellation, etc.
93 Restoration of certificates, etc.
94 Appeals


PART 6 - MASTERS AND SEAMEN
95 Application
96 Exemptions
97 Manning
98 Certificate of competency
99 Unqualified person going to sea as qualified officer or seaman
100 Production of certificate of competency
101 Disqualification of officer or seaman
102 Inquiry under section 137
103 Regulations for certificates of competency
104 Crew agreements
105 Prohibition on seeking rewards for employment
106 Regulations for crew agreements
107 Agreements as to wages
108 Account of wages
109 Right of seaman to wages
110 Seaman cannot waive protection of Act
111 Regulations relating to wages
112 Crew accommodation
113 Regulations for crew accommodation
114 Provisions and water
115 Medical stores etc.
116 Complaints
117 Regulations for welfare
118 Misconduct endangering vessel or persons on board
119 Constant or concerted disobedience, neglect of duty, etc.
120 Absence without leave
121 Persons deemed to be seamen
122 Disciplinary offences
123 Appeal
124 List of suspended persons
125 Regulations for disciplinary offences
126 Stowaways
127 Unauthorised presence on board vessel
128 Master's power of arrest
129 Return of births and deaths on Nauru vessel
130 Returns of births and deaths on foreign vessel
131 Registrar of Seamen
132 Register of Seamen
133 Seaman's Discharge Book
134 Official Log Book
135 Crew and Passenger Lists
136 Inquiries into death or serious injury
137 Holding of inquiry
138 Absence of seaman from duty
139 Apprehension of foreign seaman
140 Detention of vessels
141 Regulations relating to seafarers


PART 7 - DIVISION OF LIABILITY
142 Rule as to division of liability
143 Joint and several liability
144 Right of contribution
145 Additional rights of person entitled to contribution


PART 8 – MARINE POLLUTION
146 Marine pollution Conventions


PART 9 - LEGAL PROCEEDINGS
147 Penalties
148 Limitation of actions
149 Interpretation for purposes of section 148
150 Jurisdiction
151 Jurisdiction over vessel lying off coast
152 Jurisdiction in case of offence on board vessel


PART 10 – GENERAL
153 Mode of making declaration
154 Power of Foreign Vessels Administrator to dispense with declaration evidence
155 False declaration
156 Proof of documents
157 Admissibility of documents in evidence
158 Proceedings on forfeiture of vessel
159 Recovery of fines by distress
160 Inspections
161 Surveyors of vessels
162 Inspectors and authorised officers
163 Regulations
164 Repeal


SCHEDULE 1
SCHEDULE 2
SCHEDULE 3


Enacted by the Parliament of Nauru as follows:

PART 1 – PRELIMINARY

1 Short Title

This Act may be cited as the Shipping (Registration of Foreign Vessels) Act 2018.

2 Commencement

This Act shall commence in whole or in Parts on a date or dates notified by the Minister in the Gazette.

3 General Powers of the Minister


The Minister may:


(a) approve and issue any documentation as may be made under this Act;

(b) cause investigations into maritime incidents or accidents whether or not human life is endangered and to give such directions as he or she deems necessary to ensure the prevention of or minimisation of loss of human life;

(c) may remove or cause to be removed any wreck which is liable to cause pollution of the Republic’s maritime environment or is a navigational hazard;

(d) declare prohibited areas around wrecks in paragraph (c) or any other incident, accident or mishap as he sees fit;

(e) declare a prohibited area in the airspace above the location where the incident in paragraph (c) took place, up to a maximum of 10,000 feet above mean sea level after consultation with appropriate aviation authorities; and

(f) suspend or to revoke any licence, certificate, permit or document issued under the provisions of this Act as authorised by this Act.

4 Delegation of powers of the Minister


The Minister may in writing delegate any of his or her powers under this Act to the Administrator.

5 Definitions

In this Act:

‘Administration’ means the Nauru Foreign Vessel Administration established under section 6;

‘Administrator’ means the Foreign Vessel Administrator appointed under this Act;

‘appropriate tonnage certificate’ means:

(a) in the case of a Tonnage Measurement Convention ship, an International Tonnage Certificate as specified in Annex II of the International Convention on Tonnage Measurement of Ships, 1969; and

(b) in any other case, a prescribed Nauru Tonnage Certificate;

‘authorised officer’ means a person designated under section 162 as an authorised officer for the purposes of this Act;

‘bareboat charter’ means the contract for the lease or sub-lease of a vessel for stipulated period of time by virtue of which the charterer acquires full control and complete possession of the ship, including the right to appoint the master and crew for the duration of the charter but does not include the right to sell or mortgage the vessel;

‘bankruptcy’ includes insolvency;

‘certificate of competency’ means a certificate issued to a person under section 99 which entitles the person to be employed in the capacity stated in the certificate;

‘certificate of registry’ means a certificate granted under section 21;

‘crew’, ‘crewman’ or ‘crewmen’ in relation to a vessel, means the person employed on board and in the business of the vessel but does not include a pilot or a person temporarily employed on board the vessel while the vessel is at port;

‘crew agreement’ means an agreement entered into under section 104;

‘employer’ in relation to a seafarer, means the person who has entered into a crew agreement with the seafarer for the employment of the seafarer on a vessel;

‘equipment’ in relation to a vessel, includes everything or article belonging to or used in connection with, or necessary, for the navigation, safety and working of the vessel;

‘foreign vessel’ means a vessel that is owned by a person who:

(a) if the person is an individual, is not a citizen of the Republic; or

(b) if the person is a body corporate, is not established, registered or incorporated under the laws of the Republic;

‘Harbour Master’ as defined in section 16 of the Port Authority Act 2015;

‘inspector’ means a person designated under section 162 as an inspector;

‘load line’ means a line marked on a vessel indicating the depth to which the vessel may safely be loaded;

‘Load Line Convention’ means the International Convention on Load Lines, 1966 as affected by any amendment made under Article 29 of that Convention, other than an amendment not accepted by Nauru;

‘MARPOL 73/78’ means the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978;

‘master' in relation to a vessel, means the person having lawful command or charge of the vessel, but does not include a pilot;

‘mortgage’ means an instrument of security of the kind referred to in section 43;

‘National flag’ means the National Flag of the Republic;

‘Nauruan vessel’ means a vessel registered under this Act;

‘Register of Seamen’ means the Register of Seamen referred to in section 132;

‘Registrar of Seamen’ means the person holding the office of Registrar of Seamen;

‘passenger’ means a person carried on board a vessel with the knowledge or consent of the owner or master of a vessel but does not include:

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

(b) a child under the age of one year;

‘pilot’ in relation to a vessel, means any person not belonging to the vessel who has the lawful conduct of the vessel;

‘proper return port’ in relation to a seaman, means such port or place as is agreed upon by the master and the seaman and is named in a crew agreement;

‘qualified person’ means a person or corporation referred to in section 11;

‘Safety Convention’ means the International Convention for the safety of Life at Sea 1974 as affected by an amendment made under Article VIII of the Convention, other than an amendment accepted by Nauru, and includes the Protocol of 1978 relating to the Convention;

‘seaman’ in relation to a vessel, means a person, other than:

(a) the master or a pilot or;

(b) a person temporarily employed on board a vessel while the vessel is at port,

being a person who is engaged or employed in any capacity on board the vessel and in the business of the vessel;

‘Seaman’s Discharge Book’ means a book issued under section 133;

‘STCW Convention’ means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978;

‘surveyor’ means a person appointed under section 163 as a surveyor of vessels;

‘the Nauruan flag’ means the flag under section 68;

‘Tonnage Measurement Convention’ means the International Convention on Tonnage Measurement of Ships 1969 as affected by an amendment made under Article 18 of that Convention, other than an amendment not accepted by Nauru;

‘vessel’ means every description of vessel used or capable of being used of any type, class, size or weight, including any vessel less than 10 metres in length engaged in any kind of trade, service or international maritime activity, including a vessel for leisure and recreation but does not include:

(a) a vessel ordinarily propelled by oars or paddles; or

(b) a vessel belonging to a disciplined force to the defence force of any country.

PART 2 – NAURU FOREIGN VESSEL ADMINISTRATION

6 Establishment of the Nauru Foreign Vessel Administration

(1) A Nauru Foreign Vessel Administration is hereby established.

(2) The Administration is responsible to the Minister for the Nauru Port Authority.

7 Functions of the office of the Nauru Foreign Vessel Administration

The Foreign Vessels Administration shall:

(a) register foreign vessels and establish the fees procedure relating to registration;

(b) collect and receive registration fees, tonnage taxes and any other charges payable under this Act on behalf of the Republic;

(c) provide quarterly reports to the Minister on the operation of the registry;

(d) recognise foreign seaman documents and establish procedures relating to the same;

(e) communicate information to the International Maritime Organisation and establish procedures relating to the same;

(f) maintain records which include but is not limited to registry certificates, bills of sale, crew endorsements, vessel mortgages and establish procedures relating to the same;

(g) provide to the Republic copies of all records under paragraph (f);

(h) implement and enforce the requirements of the IMO Conventions that the Republic is party to through the establishment of circulars or instructions;

(i) establish the requirements in the relevant IMO Conventions that are left to the satisfaction of the Republic;

(j) establish safe manning requirements;

(k) establish the selection criteria for Recognised Organisations;

(l) delegate authority to a Recognised Organisation for the survey and measurement of vessels registered under this Act on behalf of the Republic;

(m) establish instructions and penalties for direct errors and omissions of Recognised Organisations in order to carry out effective oversight;

(n) establish penalties and actions for vessels that fail to meet the standards of the IMO Conventions that the Republic is party to;

(o) establish the selection criteria for the recruitment of inspectors;

(p) develop and define the requirements of a marine inquiry in the event of a casualty; and

(q) develop and implement systems and methods to evaluate and review performance for improvement.

8 Foreign Vessel Administrator


(1) The Minister in consultation with the Cabinet may appoint a reputable and suitable person to be the Foreign Vessels Administrator.

(2) The Administrator shall be:

(3) The Administrator shall be appointed for a term of 5 years.

(4) The Administrator shall, in relation to foreign vessels, have the powers of the Registrar and Registrar of Seafarers under the Shipping Registration Act 1968.

PART 3 – REGISTRATION OF VESSELS

9 Provisions relating to registration


The following provisions apply to the registration of vessels under this Act:


(a) the property in a vessel shall be divided into 64 shares;

(b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than 64 persons shall be entitled to be registered at the same time as owners of any vessel but this provision shall not affect the beneficial title of any number of persons or of a company represented by or claiming under or through any registered owner or joint owner;

(c) a person shall not be entitled to be registered as owner of a fractional part of a share in a vessel but any number of persons not exceeding five may be registered as joint owners of a vessel or of any share or shares in the vessel;

(d) joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose severally of any interest in a vessel, or in any share therein in respect of which they are jointly registered; and

a corporation shal shall be registered as owner by its corporate name.

10 Port of registry


The port of registry of every vessel registered under this Act shall be the Republic of Nauru.

11 Vessels to be registered

(1) A vessel other than an exempt vessel may be registered under this Act if the vessel is:

(2) For the purposes of this section, ‘exempt vessel’ means a vessel that:

(3) For the purposes of this section, ‘qualified person’ means:

12 Restriction on registration

(1) Where the Minister has reasonable cause to believe, and does believe, that any vessel registered under this Act should not continue to be so registered, he or she may direct the Administrator to require the master and owner of the vessel or either of them, to produce evidence to the satisfaction of the Minister that the vessel should continue to be so registered.

(2) If within such time as may be determined by the Minister, not being less than 30 days, the evidence referred to in subsection (2) is not produced, the vessel is liable to be de-registered.

(3) A foreign vessel not registered under this Act shall not be recognised:

(4) The Administrator shall not register a foreign vessel unless the owner or owners of the vessel has lodged a written declaration undertaking that the vessel will not be used for:

(5) The Administrator shall immediately cancel the registration of any foreign vessel where he or she has reasonable grounds to believe such vessel has been used contrary to the provisions of such undertaking under subsection (4).

13 Survey and measurement of vessel

(1) Every vessel before being registered shall be surveyed by a surveyor and her tonnage ascertained in accordance with the tonnage regulations.

(2) The surveyor shall grant his or her tonnage certificate specifying the vessel’s tonnage and build and such other particulars descriptive of the identity of the vessel as may be required by the Administrator.

(3) A tonnage certificate granted pursuant to subsection (1) in respect of a vessel shall, before the vessel is registered, be delivered to the Administrator.

(4) The fees to be paid by the owner of a vessel to a surveyor in respect of a survey under this section are as prescribed.

(5) Subject to subsection (6), where a vessel which is not registered as a Nauruan vessel has been measured and registered in another country, or has already been measured without having been so registered, the surveyor may, for the purposes of subsection (1),

(6) Before acting under subsection (5), a surveyor shall satisfy himself or herself that there have been no changes of measurement since the making of the register or certificate proposed to be used and where any such changes have been made, the surveyor shall measure the vessel to the extent made necessary by those changes.

14 Change of construction of vessel

The owner or master of a vessel registered under this Act shall advise the Administration of any alteration, change or reconstruction of the vessel which could affect the vessel’s classification, measurement, tonnage or load line within 30 days of the completion of the alteration, change or reconstruction.

15 Documents retained by the Administrator

Upon registry of a vessel, the Administrator shall retain the:

(a) surveyor’s certificate;

(b) builder’s certificate;

(c) any bill of sale of a vessel previously made;

(d) copy of condemnation if any; and

(e) all declarations of ownership.

16 Marking of vessel

(1) Every vessel registered under this Act shall before being registered, be marked permanently and conspicuously to the satisfaction of the surveyor as follows:

(2) The vessel where necessary, may retain its draught markings in Imperial units of feet and inches.

(3) The Minister may exempt the owner or master of any class of vessels from complying either in whole or in part with the requirements of this section.

(4) The marks required by this section shall be permanently continued and no alteration shall be made therein except in the event of any of the particulars thereby denoted being altered in accordance with this Act.

(5) If a surveyor is not satisfied that a vessel is sufficiently or accurately marked, the surveyor may suspend the certificate or registry of the vessel until the mark that is insufficient or inaccurate has been remedied.

17 Application for registration

(1) An application for the registration of a vessel under this Act shall be made by the owner or owners of the vessel to the Administrator in the prescribed form.

(2) An application under subsection (1) shall be made:

(3) The authority of an agent referred to in subsection (2) shall be in writing, and

(4) The Administrator may require proof to his or her satisfaction of the:

before proceeding with the registration of the vessel under this Act.


(5) An application for the registration of a vessel under this Act shall be accompanied by such evidence in respect of the vessel as may be prescribed.

18 Declaration of ownership


(1) A person shall not be entitled to be registered as owner of a Nauruan vessel or a share therein until he or she or, in the case of a corporation, a person authorised on behalf of the corporation, has made and signed a declaration of ownership referring to the vessel as described in the certificate of tonnage and containing the following particulars:

(2) On the first registration of a vessel, the following evidence shall be produced in addition to the declaration of ownership:

19 Registration of vessels

(1) Where the requirements of this Act relating to a vessel before registration have been complied with, the Administrator shall, upon payment of the prescribed fee, register the vessel by:

(2) The Administrator shall not register a vessel by a name by which a vessel is already registered under this Act except in accordance with the direction of the Minister or, by a name that is in the opinion of the Administrator, undesirable.


20 Particulars of entry in the Register

(1) As soon as the requirements of registration have been complied with, the Administrator shall enter into the Register the following particulars of a vessel:

(2) The copy of the entry shall be forwarded to the Minister.

21 Certificate of registry

(1) On the completion of the registration of a vessel and upon the payment of fees prescribed under section 24, the Administrator shall grant to the owner or owners a certificate of registry.

(2) A person who has possession or control of the certificate of registry of a vessel shall, unless it is not reasonable to do so, deliver the certificate on demand to:

(3) Despite section 24, the certificate of registry issued under this section may be cancelled by the Administrator upon the failure to pay the annual fee due in respect of the registration.

22 Power to grant a new certificate

The Administrator may, upon the delivery to him or her of the certificate of registry of a vessel, grant a new certificate.

23 Power to inquire into ownership, etc. of a registered vessel

(1) If the Minister suspects that a registered vessel is not entitled to be registered, he may, by written notice served on the registered owner of the vessel, require that owner to furnish to the Minister, information relating to and evidence as to whether or not the owner is a qualified person.

(2) The owner of a vessel upon whom a notice is served under subsection (1) shall provide to the Minister within the period specified in the notice the information required.

(3) Where the owner of a vessel served with a notice under subsection (1) is unable to produce evidence that satisfies the Minister that the vessel is entitled to remain registered, the Minister may by written notice given to the Administrator, direct that the registration of the vessel be cancelled.

24 Registration and annual fees


(1) A registration fee shall be payable in respect of every vessel registered as a Nauruan vessel.

(2) The owner of a registered vessel shall, on each anniversary of the date of registration of the vessel, pay the prescribed annual fee.

(3) Where an annual registration fee is not paid within 30 days after the date on which it became due, the Administrator may suspend the certificate of registry of that vessel.

(4) An annual fee payable under subsection (1) shall be deemed to be a debt due to the Republic from the owner of the vessel and may be recovered in a court of competent jurisdiction.

(5) The Minister may by order or regulations:

25 Use of certificate

The certificate of registry of a vessel:

(a) shall be kept in a safe place on the vessel;

(b) shall be used only for lawful navigation of the vessel; and

(c) shall not be subject to detention by reason of any title, lien, charge or interest had or claimed by any owner, mortgagee or other person to, on or in the vessel.

26 Penalty for improper use of certificate

(1) A master or owner of a vessel shall not use for the navigation of a vessel, a certificate of registry not legally granted in respect of a vessel.

27 Loss of certificate

(1) Where a certificate of registry of a vessel is mislaid, lost or destroyed, the master or owner of the vessel shall make a declaration containing the facts of the case.

(2) If the Administrator is satisfied that the certificate of registry of a vessel has been mislaid, lost or destroyed, he or she may grant a new certificate of registry in its place.

28 Power to terminate registration

(1) The Administrator may terminate the registration of any vessel registered under this Act:

he or she considers that it would be inappropriate for the vessel to remain registered;


(d) on the vessel being destroyed;

(e) if the vessel is registered in another country except for a Nauruan vessel that is bareboat chartered and registered under the laws of another country for the duration of the charter where the Administrator has been notified by the proper officer of that other country and the Administrator has given permission for such foreign registration under section 33; and

(f) where any annual fee has remained unpaid for a period of more than 90 days.

(2) Where the Administrator has terminated registration of a Nauruan vessel under subsection (1), the owner shall immediately surrender the vessel’s certificate of registry to the Administrator for cancellation.

29 Suspension of certificate upon registration in another country

(1) Despite the provisions of this Act, a Nauruan vessel bareboat chartered to any citizen of a foreign country or to any corporation established under the laws of a foreign country may, on application to the proper officer of that foreign country, be registered under the laws of that foreign country.

(2) Upon notification of such registration from the proper officer, the Administrator shall for that period suspend the certificate of registry of that vessel.

30 Change of ownership

(1) If there is a change in the registered ownership of a vessel registered under this Act, the Administrator shall:

(2) The owner of the vessel shall surrender the old certificate of registry to the Administrator as soon as practicable upon receipt of the vessel’s new certificate of registry from the Administrator.

31 Certificate to be surrendered if vessel is lost or no longer a Nauruan vessel

(1) If a registered vessel is actually or constructively lost, taken by the enemy, burnt or broken up or ceased to be a Nauruan vessel, the owner of the vessel shall immediately upon obtaining knowledge of the event, give notice to the Administrator.

(2) The Administrator upon receipt of a notice under subsection (1), shall make an entry in the Register and the registration of the vessel shall be considered closed, unless there is an unsatisfied mortgage or existing certificates of mortgage entered in the Register.

(3) Where a vessel’s certificate of registry is lost or destroyed, the master of the vessel shall as soon as practicable after the event occurs, deliver the certificate to the Administrator or Consular officer who shall forward the certificate to the Administrator.

(4) The owner of a Nauruan vessel who wishes to transfer the vessel to a foreign registry may do so if there are no claims outstanding in favour of the Administration and shall submit to the original registrar:

(5) An owner of a vessel who fails without reasonable excuse to comply with this section is guilty of an offence.

32 Provisional registration

(1) When a vessel is first registered:

(2) A certificate of registry shall be issued for a vessel and provisional certificate cancelled when all of the conditions for permanent registration required by subsection (3) are met or waived in accordance with subsection (4).

(3) A provisionally registered vessel may be issued a permanent certificate of registry if:

(4) The Administrator may in exceptional circumstances waive any of the conditions required under subsection (3).

(5) A provisional certificate of registry may be issued for 6 months in the first instance and may be extended by the Administrator for such time as he or she deems fit.

(6) A provisional certificate of registry shall entitle a vessel to all the privileges of a Nauruan vessel.

33 Registration by bareboat charterer

(1) This section applies to any vessel which is:

(2) Subject to subsection (3), a vessel to which this section applies may be registered as a foreign vessel under this Act upon application by the bareboat charterer.

(3) No vessel to which this section applies may be registered as a foreign vessel without the prior approval in writing of the underlying registry.

(4) The registration of a vessel registered under this section shall remain in force until the end of the bareboat charter period unless earlier terminated under this Act.

(5) During the period of registration under this section, no title, deed, mortgage or other document shall be registered with the Administration.

34 Jurisdiction over a vessel registered under this Part

A vessel registered under section 33 shall be deemed to be a Nauruan vessel and shall only fly the National Flag as provided for in this Act except where otherwise provided shall be under the jurisdiction and control of the Republic and comply with all the laws applicable to Nauruan vessels under this Act.

35 Transfer of ship

(1) The ownership of a registered vessel shall be transferred by Bill of Sale.

(2) A Bill of Sale shall be:

before the Bill of Sale can be registered with the Administrator.


(3) The Bill of Sale shall contain such description of the vessel as contained in the surveyor’s certificate or some other description sufficient to identify the vessel to the satisfaction of the Administrator.

36 Registration of transfer

(1) Upon receipt of a copy of the Bill of Sale under section 35, the Administrator shall provisionally enter in the Register the name of the transferee as owner of the vessel or share.

(2) Upon receipt of the original Bill of Sale under section 35, the Administrator shall enter permanently in the Register the name of the transferee as owner of the vessel or share and endorse on the Bill of Sale that the original has been sighted.
  1. Transmission on death or bankruptcy
  2. Transfer of vessel or shares by order of court
  3. Power of Court to prohibit transfer
(2) The Administrator, without being made a party to the proceeding shall, on being served with an order or an official copy thereof, comply with the order.
  1. No notice of trusts

No notice of any trust expressed, implied or constructive, shall be entered in a register or received by the Administrator and, subject to any rights and powers appearing by the register to be vested in any other person, the registered owner of a vessel or share therein shall have power absolutely to dispose of the vessel or share in the manner provided in this Act and, to give effectual receipts for any money paid or advanced by way of consideration.

  1. Equities not excluded by Act

In this section, ‘beneficial interest’ includes interest arising under contract and other equitable interests and, the intention of this Act is that, without prejudice to:

(a) the provisions of this Act for preventing notice of trusts from being entered in the register or received by the Administrator; and
(b) the powers of disposition and of giving receipts conferred by this Act on registered owners and mortgagees, -

interests arising under contract or other equitable interests may be enforced by or against owners and mortgagees of vessels in respect of their interest therein, in the same manner as in respect of any other movable property.

  1. Liability of beneficial owners
  2. Mortgage of vessel or share
  3. Discharge of mortgage
  4. Priority of mortgages

Where there is more than one registered mortgage in respect of a registered vessel or share, the mortgages shall, despite any express, implied, or constructive notice, be entitled in priority one over the other, according to the date and time at which each mortgage is recorded in the register and not according to the dates of the mortgages.

  1. Mortgagee not treated as owner

Except as far as may be necessary for making a registered vessel or share available as a security for the mortgage debt, the mortgagee shall not by reason of the mortgage deemed to be the owner of the vessel or share and the mortgagor shall not be deemed have ceased to be the owner thereof.

  1. Mortgagee to have power of sale
  2. Mortgagee not affected by bankruptcy

A registered mortgagee of a vessel or share is not affected by any act of bankruptcy committed by the mortgagor after the date of registration of the mortgage, although the mortgagor at the commencement of the bankruptcy had the vessel in his or her possession, order or disposition or was the reputed owner of the vessel and, the mortgagee shall be preferred to any right, claim, or interest therein of the other creditors of the bankruptcy or any trustee or assignee on their behalf.

  1. Transfer of mortgage
  2. Transmission of interest in mortgage by death, bankruptcy, etc.

(2) The Administrator on receipt of such declaration and the evidence subsection (1) shall enter the name of the person entitled under the transmission in the register as mortgagee of the vessel or in respect of which the transmission has taken place.

51 Registration of mortgage on provisional registration

A provisionally registered vessel or share therein may be made security for a loan or other valuable consideration and on the production of the prescribed mortgage instrument and declaration from the mortgagee that the original bill of sale has been sighted to the Administrator, he or she shall record it in the register by memorandum under his hand, notify on each mortgage that it has been recorded by him or her, stating the date and hour of that recording and such record of the Administrator shall have effect as if made for the purpose of sections 43 and 45.

  1. Rules as to name of vessel
  2. Registration of alterations
  3. Registration anew on change of ownership
  4. Wrecked vessel may be registered

Where a Nauruan vessel is wrecked and the register is closed and the certificate of registry delivered to the Administrator is cancelled, the Minister may on application, direct that such vessel may be re-registered as a Nauruan vessel, on proof being adduced to his or her satisfaction that the vessel has, at the expense of the applicant for re-registration, been surveyed by a surveyor and certified by the surveyor to be seaworthy.

  1. Provision for cases of infancy or other incapacity

If a person interested in a vessel or shares in a vessel is incapable of making a declaration or doing anything required or permitted under the Act to be done in connection with the registry of the vessel or share due to infancy, lunacy or any other incapacity, the guardian or person appointed on application made on behalf of the person interested, by any court or judge having jurisdiction in respect of the property of the incapable person, may:


(a) make such declaration or declarations as circumstances permit;

(b) act in the name or on behalf of the incapable person; and

(c) all the acts done will be considered as an act done by the incapable person.
  1. Vessel’s managing owner to be registered
  2. Authority to dispense with declarations and other evidence

The Administrator shall dispense with the production of declarations and evidence subject to the Minister’s approval, if any person who is required to make a declaration or on behalf of a corporation, has shown to the satisfaction of the Administrator that he or she is unable to make the declaration or evidence cannot be produced.


  1. Inspection of register and admissibility of evidence
  2. Fees

The Cabinet may make regulations prescribing the tariff of fees for the change of name, transfer, transmission, mortgage, survey and inspection of registers of the vessel registered under this Act.

  1. Form of documents and instructions
  2. Forgery of documents

Any person who forges or fraudulently alters any Register, builder’s certificate, surveyor’s certificate, certificate of registry, declaration, bill of sale, instrument of mortgage or any entry or endorsement made in or any of those documents, commits an offence.


63 False declarations

A person in the case of any declaration made in the presence of or produced to the Administrator under this Act, or in any document or other evidence produced to the Administrator, commits an offence if the person:


(a) wilfully makes, or assists in making, or procures to be made, any false statement concerning the title to or ownership of, or the interest existing in any vessel, or any share in a vessel; or

(b) utters, produces, or makes use of any declaration or document containing any such false statement, knowing the same to be false.
  1. National Character of a vessel to be declared before clearance
  2. Penalty for unduly assuming Nauruan character
  3. Concealment of Nauruan character or assumption of foreign character

A master or owner of a vessel registered under this Act commits an offence if he or she does anything or permits anything to be done or carries or permits to be carried on a vessel any papers or documents, with the intent to:


(a) conceal the Nauruan character of the vessel from a person entitled by law to inquire into the character of the vessel;

(b) deceive a person; or

(c) assume a foreign character.
  1. Forfeiture for offence under section 68

Where the master or owner of a vessel is convicted for an offence under section 68, the vessel shall be liable to forfeiture.

  1. National colours for vessels

commits an offence.


(4) A person who commits an offence under subsection (3) upon conviction is liable to a fine not exceeding $10,000.

(5) A registered vessel, while in a port of a foreign country, may, as a courtesy to that country, display the national flag of that country, but so as not to confuse that flag with the National Flag.
  1. Penalty on vessel not showing colours

PART 4 - INTERNATIONAL MARITIME CONVENTIONS

  1. Application of International Maritime Conventions
  2. Transitional


Where any of the International Maritime Conventions in Schedule 2 has been purportedly brought into effect by regulations made under this Act, that Convention shall be deemed to have been given the force of law from the date, and all actions taken pursuant to the terms of that Convention shall be deemed to have been taken, and any such regulations shall be deemed to have been notified.

72 Compliance with International Conventions and Agreements


(1) It shall be the duty of the owner and the Master to ensure that their vessel complies with the requirements of the International Maritime Organisation Conventions, the International Labour Organisation Conventions and other relevant international instruments as may be prescribed.

(2) It shall be the duty of the owner and the Master to ensure that their vessel's personnel are provided with publications, instruction booklets and manuals or other information sufficient to enable their vessel to be operated in accordance with the Conventions under subsection (1).

(3) In the event of failure to comply with subsection (1) or any Conventions or Agreements entered into by the Republic, the Administrator may suspend or cancel a vessel's Certificate of Registry and impose a monetary penalty not exceeding US$50,000, and such other conditions as may be necessary to bring about compliance with maritime or maritime-related Conventions and others which are in force, or the provisions of which are applied by the Republic in advance of entry into force of the Convention.

PART 5 - SAFETY

  1. Detention of unsafe vessels

(1) This section applies in relation to a vessel:

(a) registered under this Act; and

(b) not so registered which is at a port or place in Nauru.

(2) Where, whether on complaint or otherwise, the Harbour Master or an inspector has reason to believe that a vessel in relation to which this section applies is unsafe, he or she may cause the vessel to be detained until he or she is satisfied that the vessel can go to sea without serious danger to the crew or any passenger on the vessel, having regard to the voyage proposed.


(3) A vessel is deemed to be unsafe for the purposes of this section if the vessel cannot proceed to sea without serious danger to the crew or any passengers on the vessel, having regard to the voyage proposed, by reason of:

(4) In considering whether or not a vessel is unsafe, regard shall be had to the requirements of:
  1. Notice to be given of detention of unsafe vessel

to be informed of the detention and of the reasons for such detention


(3) Where a vessel is detained under section 73, the master may make written representation to the Minister with respect to the release of the vessel, and the Minister may, if he or she considers that in all the circumstances he or she is justified in doing so, order the release of the vessel.
  1. Offences in relation to unsafe vessels

the unsafe vessel to sea, commits of an offence.


(3) It is a defence to the prosecution for an offence under subsection (2) if the accused person proves that:
  1. Failure to carry equipment
  2. Notification of serious danger to navigation

(b) give details of the position and nature of the danger.


(3) The master of a ship who refuses, or fails without reasonable cause, to comply with subsection (1) commits an offence.

(4) The Minister may, by order, exempt any ship, or class of ships, from the requirements of subsection (1), and the reference in subsection (1) to "an exempt ship" shall be construed accordingly.

(5) In this section – ‘land earth station’ means a facility that routes calls from mobile stations via satellite to and from terrestrial telephone networks
  1. Obligation to assist person in danger of being lost
  2. Duty of vessels to assist in case of collision
  3. Right to salvage not affected

Compliance by the master of a vessel with the requirements of section 74 or 75 or Regulation 10 of Chapter V of the Safety Convention if applicable in the Republic shall not affect his or her right or the right of any other person, to salvage.

  1. Definitions for the purposes of Part

In this Part:

‘dangerous goods’ means any goods listed as such for the purposes of the IMDG Code;

‘IMDG Code’ means the International Maritime Dangerous Goods Code published by the International Maritime Organisation, London in 1981, as amended from time to time.

  1. Power to deal with goods suspected of being dangerous

The master or owner of a vessel at a port or place in the Republic shall not be subject to liability of any kind for:

(a) refusing to take on board any package which he or she suspects may contain dangerous goods;

(b) opening and inspecting any package which on reasonable grounds he or she suspects may contain dangerous goods; and

(c) discharging, destroying, rendering innocuous or otherwise dealing with any goods which:
  1. Restriction on carriage of dangerous goods

(2) Any person who knowingly sends or attempts to send by, or carries or attempts to carry in, any vessel any dangerous goods under a false description, or falsely describes the shipper of any dangerous goods commits an offence.


(3) Where any dangerous goods have been sent or carried or an attempt has been made to send or carry any dangerous goods on board any vessel in contravention of this Act, the Court may order them and any packages or container in which they are contained to be forfeited to the Republic.


(4) The Court may exercise the power conferred by subsection (3) despite:


(a) the owner of the goods has not committed any offence in respect of the goods, or is not before the Court, or has no notice of the proceedings: or

(b) there is no evidence as to the ownership of the goods.

(5) The Court may require a notice, for exercising such power under subsection (4), to be given to the owner or shipper of the goods before they are forfeited.

  1. Packing, etc. of dangerous goods
  2. Definitions for the purposes of Part

In this Part:

‘bulk cargo’ means a cargo prescribed in the Bulk Cargoes Code;

‘Bulk Cargoes Code’ means the Code of Safe Practice for Solid Bulk Cargoes published by the International Maritime Organisation. London in 1983, as amended from time to time; and

‘grain’ includes wheat, maize, oats, rye, barley, rice, pulse and processed forms thereof, whose behaviour is similar to that of grain in its natural state.

  1. Storage and carriage of bulk and grain cargoes
  2. Meaning of ‘casualty’, etc.

In this Part:

‘casualty’, in relation to a vessel, means:

(a) the loss or the presumed loss, the stranding, the grounding or the abandonment of, or damage to, the vessel or a board belonging to the vessel; or

(b) damage caused by a vessel or by a boat belonging to the vessel: or

(c) a loss of life caused by:

(i) fire on board;

(ii) accident to; or

(iii) accident occurring on board -

the vessel or a boat belonging to the vessel.

‘vessel’ means a vessel which, when a casualty occurs in relation to the vessel :

(a) is registered under this Act; or

(b) is within the waters of the Republic.
  1. Investigations and inquires

If a casualty occurs in relation to a vessel, the Minister may cause:

(a) a preliminary investigation to be carried out;

(b) a Marine Inquiry to be held; or

(c) a preliminary investigation to be carried out and a Marine Inquiry to be held.
  1. Preliminary investigation

Where the Minister causes a preliminary investigation to be carried out under section 102 the person carrying out the preliminary investigation:

(a) may:

(b) shall upon conclusion of the investigation, send to the Minister a report containing a full statement of the case and his or her opinion on the case, accompanied by such report on or extracts from, the evidence and such observations as he or she thinks fit.
  1. Marine Inquiry
  2. Power of Marine Inquiry

the person is further satisfied that the unfitness or negligence caused or contributed to the casualty, he may, -

(i) order the cancellation or suspension of any certificate of competency of the master, qualified officer or other seaman; or

(ii) censure the master, qualified officer or other seaman concerned.

(2) Where a cancellation or suspension is ordered under subsection (2) (a) the master, qualified officer or seaman concerned shall forthwith deliver the certificate to the Registrar of Seamen for cancellation or suspension.

92 Failure to deliver certificate for cancellation, etc.

Where a certificate is ordered to be cancelled or suspended or is cancelled or suspended and the holder fails to deliver up the certificate as required under this Part, he or she commits an offence.

  1. Restoration of certificates, etc.
  2. Appeals

the master, qualified officer or other seaman in the case of (a) or (b) and in the case of (c) or (d), any person who appeared at the hearing and is affected by the decision, may appeal to the Supreme Court and the Supreme Court may make such order as the justice of the case requires.

(2) Where a rehearing has been ordered under this section, no appeal may be made until the decision of the rehearing has been given.

PART 6 - MASTERS AND SEAMEN

  1. Application

Subject to this Part and to any exemption granted under this Act:

(a) the provisions of this Part applies in relation to a vessel registered under this Act not being:

(b) the provisions of section 103 apply in relation to such vessels as may be prescribed;

(c) such provisions of this Part as are specified in an order made by the Minister for the purpose apply in relation to;
  1. Exemptions
  2. Manning
  3. Certificate of competency
  4. Unqualified person going to sea as qualified officer or seaman
  5. Production of certificate of competency

Any person serving or engaged to serve in a vessel and holding a certificate of competency or other document which is evidence that he or she is a master, a qualified officer or other qualified seaman, who fails, without reasonable excuse on demand to produce the certificate or other document to:

(a) his or her employer;

(b) the master of the vessel on which he or she is employed; or

(c) an authorised officer, -

commits an offence.

  1. Disqualification of officer or seaman
(2) The Minister may suspend the certificate of competency of the master, officer or seaman pending the outcome of the inquiry.

(3) Where a certificate is suspended under subsection (2), the Registrar of Seamen may direct the master, officer or seaman to deliver the certificate to him or her.

(4) A master or an officer or seaman who refuses or fails without reasonable cause, to comply with a direction given under subsection (3) commits an offence.
  1. Inquiry under section 137
  2. Regulations for certificates of competency

The Cabinet may make Regulations providing for and in relation to:

(a) the standards of competence to be attained by a master, an officer or other seaman and other conditions to be satisfied in order for the master, the officer or other seaman to be a master or a qualified officer or other seaman of a particular grade;

(b) the manner in which the attainment of any standard or the satisfaction of any other condition is to be evidenced;

(c) the manner and conduct of any examinations and the conditions for admission to examinations;

(d) the appointment and remuneration of examiners;

(e) the issue, form and recording of certificates of competency and other documents; and

(f) the endorsement of certificates of competency and other documents.
  1. Crew agreements
  2. Prohibition on seeking rewards for employment

A person who demands or receives, directly or indirectly from another person seeking employment as a seaman any remuneration or reward, whether in cash or otherwise, for providing employment to that other person commits an offence.

  1. Regulations for crew agreements

The Cabinet may make Regulations providing for and in relation to the:

(a) conditions and particulars to be included in a crew agreement including a requirement that the agreement to receive the approval of the Minister;

(b) form of a crew agreement and the manner in which an agreement is made;

(c) manner in which a crew agreement shall be:

(d) circumstances in which a crew agreement or a copy of an agreement, shall be carried in a vessel;

(e) requirements for a crew agreement, or a copy of an agreement, to be delivered to an authorised officer;

(f) requirement for a crew agreement or a copy of an agreement, to be made available for perusal by an authorised officer;

(g) the conditions under which a person not under 16 years of age but less than 18 years of age may enter into a crew agreement;

(h) the notice required to be given to the Register of Seamen before a crew agreement is entered into or terminated;

(i) the procedures and practices to be followed on the termination of a crew agreement; and

(j) the circumstances under which, other than by reason of termination of a crew agreement, a seaman may be left behind from a vessel outside Nauru.
  1. Agreements as to wages

Subject to this Act, a seaman shall be paid wages in accordance with the terms of a crew agreement.

  1. Account of wages

An employer who refuses, or fails without reasonable cause, to deliver to a seaman an exact account of the wages due to the seaman under a crew agreement and deductions if any made from those wages, commits an offence.

  1. Right of seaman to wages
  2. Seaman cannot waive protection of Act

A provision in a crew agreement, whether express or implied, which purports to modify, vary or negate the rights of a seaman under this Part is void and of no effect.

  1. Regulations relating to wages

The Cabinet may make Regulations providing for and in relation to the:

(a) deductions which may be made from the wages due to a crewman;

(b) manner in which deductions may be made;

(c) manner in which wages are to be paid;

(d) otherwise than on termination of an agreement;

(e) form and manner in which accounts of wages are to be prepared by an employer and delivered to a seaman;

(f) form of allotment notes; and

(g) circumstances in which allotments may be made.
  1. Crew accommodation
  2. Regulations for crew accommodation

The Cabinet may make Regulations providing for and in relation to the:

(a) crew accommodation requirements for new and existing vessels;

(b) minimum space per person which is to be provided by way of sleeping accommodation for crewmen and the maximum number of persons by whom a specified part of such sleeping accommodation may be used;

(c) position on a vessel in which the crew accommodation or any part of the crew accommodation is to be located;

(d) standards to be observed in the construction, equipment, ventilation, lighting, heating and furnishing of crew accommodation;

(e) provision of washing, sanitary, toilet, messing and hospital facilities for crewmen;

(f) standards of maintenance of crew accommodation; and

(g) prohibition or restriction of the use of crew accommodation for purposes other than those for which it is designed.
  1. Provisions and water
  2. Medical stores etc.

An owner or master of a vessel who suffers or permits the vessel to go to sea without carrying the prescribed number of qualified first-aid attendants, medicines, medical and surgical stores commits an offence.

  1. Complaints
  2. Regulations for welfare

The Cabinet may make Regulations providing for and in relation to the:

(a) quality and quantity of the provisions and water to be supplied for the use of seamen;

(b) manner of checking and inspecting provisions and water supplied for the use of seamen;

(c) manner and conduct of medical examinations of seamen and of persons seeking employment as seamen;

(d) medicines, medical and surgical stores (including books containing instructions and advice) to be carried in a vessel and the manner in which such medicines and stores are to be carried, stored and used in a vessel;

(e) appointment and certification of first-aid attendants and the circumstances in which first-aid attendants are to be carried on a vessel;

(f) manner in which medical expenses incurred in respect of a seaman while at a place outside the country may be recovered from an employer;

(g) circumstances and the manner in which the Minister shall make provision for the relief, maintenance and return to a proper return port of a seaman;

(h) manner in which any wages due to a distressed seaman and any property left on board a vessel by a distressed seaman are to be dealt with;

(i) manner in which any expense incurred in bringing ashore a seaman who has been shipwrecked, or in maintaining him after he has been brought ashore, may be recovered from the person who last employed him as a seaman; and

(j) manner in which the property of a deceased seaman is to be:

(i) held in custody; or


(ii) sold, converted into cash or otherwise disposed of.

  1. Misconduct endangering vessel or persons on board

(i) a vessel from loss, destruction, or serious damage; or


(ii) any person on board the vessel from death or serious injury.


(2) Where the act or failure to act, by the seaman referred to in subsection (1) is deliberate, amounts to a breach or neglect of duty or disobedience to a lawful command or occurs when the seaman is under the influence of alcohol or a drug, the seaman commits an offence.
  1. Constant or concerted disobedience, neglect of duty, etc.

A seaman on a vessel commits an offence if he or she:

(a) persistently and willfully:

(i) neglects his or her duty; or


(ii) disobeys a lawful command; or


(b) combines with other seamen to:
  1. Absence without leave

A seaman commits an offence if

(a) he or she is absent without leave from a vessel at a time when he or she is required to be on board;


(b) his or her absence is:


(i) due to his or her recklessness; or


(ii) deliberate and without reasonable cause; and


(c) a vessel:


(i) is thereby delayed; or


(ii) goes to sea without him or her.

  1. Persons deemed to be seamen

Despite any other provision of this Act, a person is deemed to be a seaman on the vessel where:

(a) a person is carried to sea in a vessel without the consent of the master or of any other person authorised to give consent to his or her being so carried; or

(b) a distressed seaman is carried on a vessel for the purpose of being returned to his or her proper return port.
  1. Disciplinary offences

(1) The master of a vessel who finds that a seaman has committed a disciplinary offence shall make a report of his or her findings in the prescribed form to the Registrar of Seamen.


(2) The Registrar of Seaman may declare a seaman to be a suspended person, where:


(a) two or more reports under subsection (1) have been made within the prescribed time in respect of a seaman; or

(b) a seaman has committed an offence under this Act.
  1. Appeal

(1) The seaman may within 30 days of receiving the prescribed notification of his or her suspension appeal to the Supreme Court, where:


(a) the Registrar of Seamen has declared a seaman to be a suspended person; and

(b) the period of suspension exceeds 12 months.

(2) Where an appeal is made under subsection (1), the Supreme Court shall make such orders as the justice of the case requires.

  1. List of suspended persons

(a) of 12 months or less; or


(b) exceeding 12 months; and


(i) no appeal to the Court is made within the period of 30 days; or


(ii) an appeal is made under that section and the Court orders that the appeal be dismissed.

  1. Regulations for disciplinary offences

The Cabinet may make Regulations providing for and in relation to:

(a) misconduct on board a vessel which is a disciplinary offence;

(b) the procedures under which a master may find that a seaman has committed a disciplinary offence;

(c) the manner in which a declaration of suspension is made and the manner in which that declaration shall be notified to:

(i) a suspended person; and


(ii) the person who last employed him or her as a seaman;


(d) the manner in which the name of a suspended person shall be included in a list of suspended persons; and


(e) the manner in which a list of suspended persons is to be kept and made available for inspection by any person appearing to the Registrar of Seamen to be interested.

  1. Stowaways

A person who, without the consent of the master of a vessel or a person authorised by the master to give that consent, goes to sea or attempts to go to sea in a vessel commits an offence.

  1. Unauthorised presence on board vessel

A person who not being an authorised person or an inspector, commits an offence, if he or she:

(a) without the consent of the master of a vessel or of a person authorised by the master to give that consent goes on hoard a vessel in port in the Republic; or


(b) remains on board a vessel after being requested to leave by the master, a police officer or a customs officer.


  1. Master's power of arrest

The master of a vessel may cause any person on board the vessel to be put under restraint if and for so long as it appears to him or her necessary or expedient in the interest of safety or for the preservation of good order or discipline on board the vessel.

  1. Return of births and deaths on Nauru vessel

(1) In this section, ‘vessel’ means a vessel registered under this Act.


(2) The master of a vessel who refuses or fails without reasonable cause, to make a return in the prescribed form to the Harbour Master of any birth occurring in or death occurring or presumed to have occurred, in the vessel, commits an offence.


  1. Returns of births and deaths on foreign vessel
  2. Registrar of Seamen

For the purposes of this Act, the Administrator shall be the Registrar of Seamen.

  1. Register of Seamen

(a) particulars of any Seaman's Discharge Book issued under section 133;


(b) particulars of any period during which a person is a suspended person; and


(c) such other particulars as may be prescribed.


(3) Any person may inspect the Register of Seamen at any time during the hours approved by the Registrar of Seamen.
  1. Seaman's Discharge Book

(1) The Registrar of Seamen may issue to a person a book to be known as a Seaman's Discharge Book.


(2) A Seaman's Discharge Book shall be in the prescribed form.

  1. Official Log Book
  2. Crew and Passenger Lists
  3. Inquiries into death or serious injury

(2) Where a person dies or suffers a serious injury in a vessel or a seaman belonging to a vessel dies or suffers a serious injury away from the vessel, an inquiry into the circumstances surrounding the death or serious injury shall unless the Minister otherwise directs, be held by a person authorised by the Minister at the next port at which the vessel calls.


(3) No inquiry shall be held under this section in a case where an inquiry is, is to be or is required to be held under the Inquest Act.


  1. Holding of inquiry

(2) Where an inquiry has been held, the person who held such inquiry shall make a report in writing of his or her findings to the Minister who may make a copy of the report available:


(a) in the case of a person who has died:


(i) to the next of kin of the deceased person: or


(ii) to any other person who requests such a copy and who appears to the Minister to be interested: and


(b) in the case of a person who has suffered a serious injury:


(i) to that person or to a person acting on his or her behalf; or


(ii) to any other person who requests such a copy and who appears to the Minister to be interested.


  1. Absence of seaman from duty

(a) that his or her absence from a vessel was due to:


(i) an accident;


(ii) a mistake; or


(iii) some cause beyond his or her control; and


(b) that he or she took all reasonable precautions to avoid being absent.


(3) Where, in an action for breach of contract arising from the absence of a seaman from a vessel, a seaman fails to prove the matters under subsection (2), if special damages are:


(a) not claimed by his or her employer, his or her civil liability is limited to US$5,000: or

(b) claimed by his or her employer, his or her civil liability is limited to US$5,000.
  1. Apprehension of foreign seaman

(1) Where it appears to the Minister that due facilities will be given by the Government of a country for apprehending and receiving seamen who desert in that country from vessels registered under this Act, the Minister may, by order, declare that this section shall apply in relation to that country, subject to any conditions stated in the order.


(2) Where, a seaman deserts from a vessel registered under this Act, the master of the vessel may apply to the Court for aid in apprehending the deserter, and the Court and its officers shall give aid within their power, and for that purpose the Court may, on information given on oath, issue a warrant for the deserter to be conveyed on board the vessel or delivered to the master or owner of the vessel or his or her agent, to be so conveyed.


  1. Detention of vessels

(1) A vessel may be detained, where the Administrator or Harbour Master is of the opinion that the owner or the master of the vessel or an employer, has failed to comply with the requirements of this Act.


(2) Where a vessel is detained under subsection (1), the vessel may be detained until such time as the Administrator issues a certificate showing that:


(a) the Harbour Master is satisfied that the owner, the employer and the master have complied with the provisions of this Part; and


(b) the vessel may go to sea without a contravention of any provision of this Act.


  1. Regulations relating to seafarers

The Cabinet may make Regulations providing for and in relation to:

(a) the issue and form of Seaman's Discharge Book;

(b) entries to be made in the Register of Seamen;

(c) endorsements to be made in Seaman's Discharge Books;

(d) the particulars required to be entered in an Official Log Book;

(e) the persons by whom entries in an Official Log Book are to be made, signed or witnessed;

(f) the procedure to be followed in the making of entries in an Official Log Book;

(g) the production, or delivery of an Official Log Book to such person, in such circumstances and within such times as may be specified;

(h) the particulars to be entered in the Crew List and in a Passenger List;

(i) the time during which a Crew List or a Passenger List may remain in force;

(j) the manner of notification to specified persons of changes in a Crew List or a Passenger List;

(k) the places and manner in which a Crew List and a Passenger List and copies of these Lists are to be maintained; and

(l) the manner in which a Crew List or a Passenger List or copies are to be made available on demand to specified persons.

PART 7 - DIVISION OF LIABILITY

  1. Rule as to division of liability
  2. Joint and several liability
  3. Right of contribution
  4. Additional rights of person entitled to contribution

In addition to any other remedy provided by law, the person entitled to any contribution under section 144 shall have, for the purpose of recovering contribution subject to this Act, the same rights and powers as the persons entitled to sue for damages in the first instance.

PART 8 – MARINE POLLUTION

146 Marine pollution Conventions

Subject to this Act, the following International Maritime Conventions may have the force of law in the Republic:


(a) International Convention for the Prevention of Pollution from Ships (MARPOL), 1973 as modified by the Protocol of 1978 relating thereto for Annex I to V;

(b) Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships (MARPOL), 1973, as Modified by the Protocol of 1978 Relating Thereto for Annex VI;

(c) Protocol of 1992 relating to the International Convention on Civil Liability for Oil Pollution Damage (CLC);

(d) Protocol of 1992 relating to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND 1992).

PART 9 - LEGAL PROCEEDINGS

  1. Penalties
  2. Limitation of actions
  3. Interpretation for purposes of section 148

For the purposes of section 148:

(a) the expression ‘freight’ includes passage money and hire; and

(b) references to damage or loss caused by the fault of a vessel shall be construed as including reference to any salvage or other expenses, consequent upon that fault, recoverable at law by way of damages.
  1. Jurisdiction

For the purposes of this Act, any offence committed under this Act is deemed to be committed at either the:

(a) place in which the offence was committed; or

(b) place in which the offender may be.
  1. Jurisdiction over vessel lying off coast
  2. Jurisdiction in case of offence on board vessel

PART 10 – GENERAL

  1. Mode of making declaration
  2. Power of Foreign Vessels Administrator to dispense with declaration evidence

When under this Act, any person or an authorised person acting on behalf of a corporation is required to make a declaration or any evidence is required to be produced to the Administrator and it is shown to the satisfaction of the Administrator that for any reasonable cause that person is unable to make the declaration, or that the evidence cannot be produced, the Administrator, may, on the production of such other evidence and subject to such terms as he or she may see fit, dispense with the declaration or evidence.

  1. False declaration
  2. Proof of documents
  3. Admissibility of documents in evidence
  4. Proceedings on forfeiture of vessel
  5. Recovery of fines by distress

Where a court adjudges a person convicted of any offence against this Act to pay any fine or other moneys and that person is the master of a vessel, and the fine or other moneys are not paid within the time and in the manner limited by the conviction or specified in the order of the court the court may, in addition to any other power it may have to compel payment, direct the amount remaining unpaid to be levied by distress or by the sale of the vessel or the equipment of the vessel, as the case requires.

  1. Inspections
  2. Surveyors of vessels
  3. Inspectors and authorised officers

The Minister may, by notice, designate any person:

(a) as an inspector for the purposes of this Act; or

(b) as an authorised officer for the purposes of this Act.
  1. Regulations

164 Repeal

The following provisions of the Shipping Registration Act 1968 are repealed:

(a) from section 2 the following definitions:

‘bareboat charter’ means the contract for the lease or sub lease of a vessel for a stipulated period of time by virtue of which the charterer acquires full control and complete possession of the vessel, including the right to appoint the master and crew for the duration of the charter, but excluding the right to sell or mortgage the vessel; ‘foreign vessel’ means a vessel that is owned by a person who:


(a) if the person is an individual, is not a citizen of Nauru; or

(b) if the person is a body corporate, is not established, registered or incorporated under the laws of Nauru;

‘Register’ means:


(a) the Register of Vessels kept by the Registrar under section 5; or

(b) the Register of Foreign Vessels kept by the Registrar of Foreign Vessels under section 5;

‘Registrar of Foreign Vessels’ means the Registrar of Foreign Vessels appointed under section 4A;


(b) sections 4A, 6A, 8A, 39A, 46A, 65A, 65B, 65C, 66(1)(e) to (p), 67 and 68.


SCHEDULE 1


  1. Bill of sale
  2. Mortgage
  3. Certificate of Surveyor
  4. Declaration of ownership of individual owner
  5. Declaration of ownership on behalf of a corporation as owner
  6. Certificate of Registry Provisional Certificate
  7. Declaration of owner taking by transmission
  8. Declaration of mortgagee taking by transmission

SCHEDULE 2


  1. IMO Convention 48 International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended;
  2. Protocol of 1988 relating to the International Convention for the Safety of Life at Sea (SOLAS) 1974;
  3. International Convention on Load Lines (LL), 1966;
  4. Protocol of 1988 relating to the International Convention on Load Lines (LL), 1966;
  5. International Convention on Tonnage Measurement of Ships (TONNAGE), 1969;
  6. Convention on the international Regulations for Preventing Collisions at Sea (COLREG), 1972;
  7. The Torremolinos International Convention for the Safety of Fishing Vessels (SFV), 1977, sedersby th 1993 1993 TorreTorremolinos Protocol; Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993ocol ing t Torremolinos International Convention for the Safety of Fishing Vesselessels;
  9. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978 as amended;
  10. International Convention on Standards of Trg, Certification and Watchkatchkeeping for Fishing Vessel Personnel (STCW-F), 1995;
    11. International Convention for the Prevention of Pollution from Ships (MARPOL)3 as modified by the Protocol of 1978 relating thereto for for Annex I to V;
  11. Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships (MARPOL), 1973, as Modified by the Protocol of 1978 Relating thereto for Annex VI;
  12. Protocol of 1992 relating to the International Convention on Civil Liability for Oil Pollution Damage (CLC);
  13. Protocol of 1992 relating to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND 1992);
  14. Convention on Limitation of Liability for Maritime Claims (LLMC), 1976;
  15. Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims (LLMC), 1976;
  16. International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001;
  17. International Convention on the Control of harmful Anti-Fouling Systems on ships (AFS), 2001;
  18. International Convention for the Control and Management of Ship's Ballast Water and Sediments, 2004;
  19. Nairobi International Convention on the Removal of Wrecks, 2007.

SCHEDULE 3

(section 147)

PENALTIES

Section
Description of Offence
Penalty Imprisonment or Fine or Both
26(2)
Improper use of certificate
2 years or $20,000 or both
31(5)
Failure of owner of a vessel to surrender certificate if vessel is lost or no longer a Nauruan vessel
$5000
62
Forgery of documents
$5000
63
False declarations
$5000
66
Concealing Nauruan character etc
2 years or $20,000 or both
68(2)
Using colours other than National Flag
$5000
75(2)
Unsafe vessels
2 years or $20,000 or both
76(2)
Failing to carry proper equipment.
2 years or $20,000 or both
77(3)
Failing etc. to notify serious danger to navigation
$5000
78(3)
Failing to assist person in danger of being lost
2 years; $20,000
79(3)
Failing to assist in case of collision
2 years; $20,000
83(2)
Restriction on carriage of dangerous goods
$5000
92
Failure to deliver up certificate for cancellation, etc.
$5000
97(3)
Permitting vessel to go to sea improperly manned.
2 years or $20,000 or both
100
Failing to produce certificate of competency
2 years or $20,000 or both
101(4)
Failing etc. to deliver up suspended certificate
$5000
105
Seeking etc. rewards for employment
$5000
108
Refusing etc. to give seaman account of wages
$5000
112(3)
Permitting vessel to go to sea without proper crew accommodation
$5000
115
Permitting vessel to go to sea without medical stores etc.
$5000
116(3)
Master failing to make arrangements for seaman's complaint.
$5000
118(2)
Misconduct endangering vessel or persons on board
2 years or $20,000 or both
119
Constant or concerted disobedience etc.
$5000
120
Absence without leave
$5000
126
Stowaways
3 months or $5000 or both
127
Unauthorised presence on board vessel
$5000
129(2)
Failing to make return of birth or death on Nauru vessel
$5000
130(2)
Failing to make return of birth or death on foreign vessel
$5000
134(2)
Failing to carry or keep Official Log Book
$5000
134(3)
Destroying etc. Official Log Book
$5000
136(1)
Master failing to notify death or serious injury
$5000
155(1)
Making etc. false declaration
2 years or $5000 or both
160(6)
Obstructing etc. inspector
6 months or $5000 or both

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