GHANA SHIPPING ACT, 2003 (ACT 645) SS 232-349

232. Loss of Ghanaian ship

(1) Where the managing owner or agent of a Ghanaian ship has reason to believe that the ship has been lost because of the non-appearance of the ship or due to any other circumstance the managing owner or agent shall cause a reasonable search to be made for the ship and shall as soon as it is convenient send to the Director-General a notice in writing signed by the managing owner or agent stating

(a) the name of the ship, the port to which the ship belongs and the official number of the ship, and

(b) a report of the loss of the ship and the circumstances and probable cause of the loss.

(2) A managing owner or agent of a ship who fails without reasonable cause to comply with this section within a reasonable period from the time when the managing owner or agent has reason to believe the ship has been lost, commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment.

233. Record of boat drill or fire drill to be kept in official log book

(1) The master of a Ghanaian ship shall cause a statement to be entered in the official log book or ordinary ship’s log, of every occasion

(a) on which boat drill is practised, or

(b) on which the appliances and equipment required by the rules for life-saving appliances to be carried on board are examined to see whether they are fit and ready for use and the result of the examination stated.

(2) Where in the case of

(a) a passenger ship, boat drill or fire drill is not practised on board the ship in any week,

(b) any other ship, boat drill or fire drill is not practised on board the ship in any two weeks, or

(c) any ship, the appliances and equipments are not examined in the period as is prescribed,

the master shall cause a statement to be entered or any other record to be kept of the reasons why the drill was not practised or the appliances and equipments were not examined in the week.

(3) A master of a ship who fails to comply with the requirements of this section commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment, and in a continuing offence to a fine of fifty penalty units for each day during which the offence continues.

234. Crew sufficient and efficient

A Ghanaian ship shall be manned in accordance with the Regulations with a crew sufficient and efficient enough from the point of view of safety of life for the purpose of the intended voyage and shall during the voyage be kept so manned.

235. Notices to mariners and navigational warnings

(1) The Director-General shall take appropriate steps to advise the seafaring community and the public of the developing or existing situations which may adversely affect maritime safety.

(2) The information shall take the form of notices to mariners and navigational warnings which may be issued and communicated by the means that the circumstances may warrant.

(3) The Director-General may require the assistance of a person in the communication of this information.

(4) A person who without reasonable cause refuses to render assistance when so requested commits an offence and is liable on summary conviction to a fine not exceeding fifty penalty units or to a term of imprisonment not exceeding three months.

(5) In this Part “aids to navigation” and “navigational aids” includes lighthouses, buoys, beacons, radio aids, or any other light, signal or mark established to aid marine navigation and buildings, moorings, and any other works associated with maritime activities.

236. Establishment and management of aids to navigation

(1) There shall be established in Ghana the aids to navigation that are necessary to facilitate the safe navigation of ships within the waters of Ghana.

(2) Privately owned aids to navigation shall be established and maintained in accordance with this Act.

237. Authority’s permission to establish aids to navigation

Aids to navigation shall not be established

(a) without the prior written consent of the Director-General, or any other person authorised by the Director-General for that purpose, and

(b) unless they conform to the specifications as may be stipulated by the Authority.

238. Changes to aids to navigation

Established aids to navigation shall not be discontinued or have its lighting characteristics or any other distinguishing feature altered, without the prior written consent of the Director-General or any other person authorised by the Director-General for the purpose.

239. Functions of the Authority in respect of aids to navigation

(1) The Authority shall exercise general supervision over aids to navigation and in particular

(a) oversee the establishment and maintenance of aids to navigation by the Authority or any other body, institution or person,

(b) ensure that any other aids to navigation are established in compliance with the stipulated conditions and specifications and are maintained in proper working order, and

(c) bring to the attention of the public, information on changes to or deficiencies in any aid to navigation.

(2) The Authority may delegate to the Ghana Ports and Harbours Authority or the Volta River Authority, as it considers appropriate any or all of the functions conferred on it under subsection (1).

240. Publication and updating of aids to navigation

(1) The Director-General shall publish and update the aids to navigation and declare any other publication to be an approved nautical publication.

(2) In legal proceedings, the production of an approved nautical publication authenticated by the Director-General shall be prima facie evidence of the matters appearing in the publication.

241. Prosecution of offences

A person who

(a) contravenes section 237,

(b) wilfully or negligently damages, destroys or allows a ship to foul an aid,

(c) wilfully or negligently does anything which causes an aid to be obstructed from view in a manner that lessens its efficiency,

(d) wilfully, negligently or without lawful authority does anything which interferes with an aid so as to hinder the effective use of the aid,

(e) trespasses on or without lawful excuse is found in or on

i. a navigational aids;

ii. a land on which navigational aids are situated, or

(f) fails to notify the Director-General as soon as practicable after a navigational aid is damaged, destroyed or fouled, commits an offence and, in addition to the expenses of making good the damage caused, is liable on conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment.

242. Detention

Where a ship damages, destroys or fouls a navigational aids, the ship may be detained until the cost of repairing or replacing the navigational aid or rendering it effective again is paid.

243. Fire and lights detrimental to navigation

(1) When a fire or light is burned or exhibited in a place or in a manner that in the opinion of the Director-General, it is calculated or likely to mislead persons navigating in Ghanaian waters or in the waters of a harbour or port or the approaches to the harbour or port, the Director-General may by written notice require the person placing or using the fire or light to screen, alter, extinguish or remove it within a reasonable time specified in the notice.

(2) Where a person to whom notice is given under subsection (1) fails to comply with the notice within the time stated or after complying replaces the fire or light by another fire or light in respect of which the Director-General would be entitled to give notice under this subsection (1), that person commits an offence and is liable on summary conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment, and in the case of a continuing offence, to a further fine not exceeding one hundred penalty units for each day or part of a day during which the offence continues.

(3) The Director-General may cause to be extinguished a fire or light in respect of which notice is given under this section where the person to whom the notice is given fails to comply with the notice within the time specified in the notice.

244. Power of the Director-General on failure to extinguish false or unauthorised lights

For the purpose of extinguishing false or unauthorised lights, the Director-General or the Director-General’s representative may enter the place where the fire or light is and without causing unnecessary damage, extinguish the fire or light and recover the expense incurred.

245. Marking of wrecks and prohibited areas

(1) Where the Director-General is of the opinion that a vessel lying wrecked in Ghanaian waters is, because of its position or anything contained in it, a potential danger to navigation, life or property, the Director-General may cause the wreck to be marked and protected from interference and may by notice published in the area of the wreck, designate an area around it as a prohibited area.

(2) A notice under subsection (1) shall identify the wreck and the place where it is lying and

(a) the prohibited area shall be within the distance of the wreck specified in the notice, and

(b) the distance specified for the purposes of paragraph (a) shall be whatever the Director-General considers appropriate to ensure that unauthorised persons are kept away from the wreck.

(3) Subject to subsection (4), a person who without authority in writing granted by the Director-General, enters a prohibited area, whether on the surface of or under water, commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months, or to both the fine and the imprisonment.

(4) A provision of this section shall not be regarded as constituting an offence under this section where it is done by a person

(a) in the course of an action taken by that person for the sole purpose of dealing with an emergency of any description;

(b) in exercising functions conferred by or under an enactment on that person or a body for which that person acts; or

(c) out of necessity due to the weather conditions or navigational hazards.

246. Removal of obstructions other than wrecks

(1) The Director-General may cause to be removed anything other than a vessel which is causing or is likely to become an obstruction or impediment to navigation in or the use of the approaches to a harbour or port.

(2) Where an object removed under subsection (1) is marked in a manner that is readily identifiable as the property of a person, the Director-General shall, subject to subsection (3), within one month of the property coming into the Director-General’s custody, give notice to that person to take possession of the object at a place named in the notice.

(3) Where possession is not re-taken within fourteen days of the service of the notice, the property shall at the end of that period vest in the Director-General.

(4) Where property removed under subsection (1) is

(a) not so marked as to be readily identifiable as the property of a person; or

(b) so marked but the place of business of the owner is not known to the Director-General or is outside Ghana, and within three months of it coming into the custody of the Director-General has not been claimed by a person who proves to the reasonable satisfaction of the Director-General that it belongs to that person, the property shall vest in the Authority.

(5) The Director-General may dispose of property referred to in subsection (3) which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience, at a time and in a manner that the Director-General thinks fit, although it has not been vested in the Authority, and if it is sold, the proceeds shall be applied in payment of expenses incurred by the Director-General under this section in relation to the property.

(6) Where the balance is not claimed within three months from the time when the property came into the custody of the Director-General by a person who proves to the reasonable satisfaction of the Director-General that that person was the owner at the time, that balance shall at the expiry of the period vest in the Authority.

(7) Where property removed under this section

(a) is sold by the Director-General and the proceeds of sale are insufficient to reimburse the Director-General of the expenses incurred by the Director-General in the exercise of the Director-General’s powers of removal, or

(b) is unsaleable, the Director-General may recover the difference or the whole of the expenses as a debt, from the person who was the owner

(c) at the time the property removed came into the custody of the Director-General, or

(d) at the time of its abandonment or loss.

(8) The Director-General shall not under the powers conferred by this section cause to be removed an object placed or constructed by a person or an authority by virtue of the provisions of this Act or any other law.

247. Failure to pay navigational aid dues

Where without reasonable cause, the owner or master of a ship fails to pay navigational aid dues, the owner or the master commits an offence and is liable to a penalty as may be prescribed.

248. Regulations on lighting, marks and other features of aid to navigation

(1) The Minister may make Regulations

(a) stipulating the system of lighting marks and features and any other characteristics of aids to navigation;

(b) for the imposition, collection and disbursement of navigational aid dues and penalties for the non-payment of navigational aid dues; and

(c) for the exemption of particular ships or classes of ships from the requirements relating to the payment of dues for aid to navigation.

(2) In making Regulations with respect to subsection (1) (a) the Minister shall consider the International Association of Lighthouse Authorities Harmonised Buoyage “System A”, or any other international system of buoyage applicable for the time being in force.

PART SEVEN
Safety of Life at Sea
249. Words and expressions relating to safety of life at sea

In this Part, unless the context otherwise requires,

“certificate” means a certificate issued in accordance with the Safety Convention as defined in this section;

“fishing vessel” means a vessel used for catching fish, whales, seals, walrus or any other living resources of the sea;

“Safety Convention” means the International Convention for the Safety of Life at Sea, 1974 and its Protocol of 1978, Torremolinos International Convention on Safety of Fishing Vessels, 1977 and its Protocol of 1993, together with the amendments or replacement which have effect in respect of Ghana;

“Safety Convention Certificate” includes a certificate that is required to be issued to a Safety Convention ship that complies with the relevant provisions of the Safety Convention and a safety certificate, safety construction certificate, safety equipment certificate, safety radio certificate and any other certificate that is required to be issued to ships;

“Safety Convention country” means a country the government of which has accepted the Safety Convention and which has not denounced that Convention or a territory of that country to which the Convention extends and remains extended;

“Safety Convention ship” means a ship to which the Safety Convention applies;

“short international voyage” means an international voyage;

(a) in the course of which a ship is not more than two hundred nautical miles from a port or place in which the passengers and crew could be placed in safety, or

(b) which does not exceed six hundred nautical miles between the last port of call in the country where the voyage begins and the final destination, with no account being taken of a deviation by the ship from its intended voyage due solely to unstable weather or any other circumstances that neither the master nor the owner nor the charterer of the ship could reasonably have prevented or foreseen;

“surveyor” includes a person or an organisation, duly appointed under section 254 to act as surveyor for the purpose of surveying ships and issuing Safety Convention Certificates.

250. List of Safety Convention countries

The Director-General may by notice published in the Gazette provide a list of countries, including territories that have ratified, acceded to or denounced the Safety Convention.

251. Application of Safety Convention

The Safety Convention shall, unless exempted by this Act, apply to Safety Convention ships while they are in Ghanaian waters.

252. Regulations relating to safety at sea

(1) The Minister may make the Regulations which the Minister considers necessary for the attainment of the objectives and purposes of this Part and also to provide generally for safety at sea and to give effect to the Safety Convention.

(2) In making the Regulations, the Minister shall

(a) include Regulations made under the Safety Convention including amendments made to it concerning radio communications for the Global Maritime Distress and Safety System, and

(b) have due regard to

i. the Convention on the International Mobile Satellite Organisation, and

ii. the International Convention on Maritime Search and Rescue, 1979.

(3) An omission or a neglect to comply with a provision of this Part or a provision of the Regulations without reasonable cause is an offence and the offender is liable on summary conviction to a fine not exceeding one thousand penalty units or a term of imprisonment not exceeding three years or to both the fine and the imprisonment.

253. Ships in port through unstable weather

This Part does not apply to non-Ghanaian ships that would not have been in Ghanaian waters but for unstable weather or any other circumstances that neither the master nor the owner, nor the charterer of the ship could have prevented or foreseen.

254. Surveying of ships

(1) The Minister may make Regulations regarding

(a) the manner in which surveys of ships are to be made, and

(b) the notice to be given to surveyors of ships when surveys are required.

(2) Surveyors of ships may be appointed in several capacities to perform different functions.

(3) A person appointed to be a surveyor of ships under this section may be appointed as a radio surveyor if that person is so qualified.

(4) The survey and inspection of ships, with regards to the enforcement of the Regulations made under this Part, shall be carried out by a surveyor or subject to the conditions that the Director-General may impose, by a recognised organisation or society for the survey and classification of ships authorised by the Director-General.

255. Surveyor’s powers of inspection

(1) A general surveyor of ships may at a reasonable time inspect a ship for the purpose of ensuring that it is in compliance with the Safety Convention, the Load Line Convention, the Collision Regulations and the relevant Regulations.

(2) Where the surveyor finds that the conventions or the Regulations have not been complied with, the surveyor shall give written notice to the owner or master of the ship stating in what respect there is deficiency and what action in the surveyor’s opinion, is required to remedy the deficiency.

(3) A notice given shall be communicated in a manner directed by the Director-General to the customs officer the port at which the ship may seek a clearance and the clearance shall not be granted and the ship shall be detained until the action required by the surveyor in the notice has been complied with.

(4) Where the surveyor considers the ship unsafe, or where a passenger ship is unfit to carry passengers, or the machinery or equipment is defective in a way that exposes the persons on board to serious danger, the surveyor shall detain that ship.

(5) A surveyor may also detain a ship in respect of which any of the provisions of this Act or the Regulations have not been complied with, if in the surveyor’s opinion the detention is warranted in the circumstances.

(6) Where, under this section, a surveyor visits a ship, the surveyor may ask the owner or the owner’s agent, the master or chief engineer, or any other person on board and in charge or who appears to be in charge of the ship, questions concerning the ship as the surveyor considers appropriate and that person shall fully and truthfully answer those questions.

(7) A surveyor may reasonably require the owner or the owner’s agent, the master or chief engineer or any other person on board and in charge, or who appears to be in charge of the ship that the machinery of the ship be activated or dismantled so that the surveyor may be satisfied as to its condition and a person on whom the request is made and who is capable of satisfying the requirement shall comply with the requirement.

(8) A person who contravenes subsection (6) or (7) commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment.

256. Surveyor’s report to Director-General

A surveyor shall, on inspection, forward a report to the Director-General which shall contain a statement showing

(a) that the hull and machinery are sufficient for the service;

(b) that the hull and machinery are constructed, arranged and fitted in accordance with the Regulations;

(c) that the equipment required under the Regulations is on board and in good condition;

(d) that the ship’s officers are persons duly certificated as required under this Act and that the crew is sufficient and efficient;

(e) the class of voyage for which the ship is fit to ply and the time, if less than one year, for which the hull, equipment and machinery provided will be sufficient;

(f) if the ship is a passenger ship, the number of passengers which it may carry; and

(g) the steam pressure that may be carried in the boilers.

257. Surveyor’s record of inspections and certificates

(1) A surveyor shall keep a record of the inspections the surveyor makes and certificates the surveyor issues in the form and with the particulars that the Director-General may direct.

(2) The surveyor shall furnish the Director-General with copies of the records as well as any other information pertaining to the duties of the surveyor’s office which the Director-General may require.

258. Surveys of passenger ships

A Ghanaian passenger ship is subjected to

(a) a survey before the ship is put into service,

(b) a periodic survey at intervals of not more than twelve months, and

(c) the additional surveys that are required under this Act.

259. Initial survey of passenger ships

(1) A survey made before a passenger ship is put into service shall include a complete inspection of the hull, machinery and equipment.

(2) The survey shall ensure that the general arrangement, material and scantlings of the hull, boilers and any other pressure valves, the main and auxiliary machinery, electrical installations, radio installations, radio installations in motor lifeboats, portable radio apparatus for survival craft, life-saving appliances, fire detecting and extinguishing appliances, pilot ladders, and any other equipment fully comply with the requirements of the Safety Convention and with the Regulations.

(3) The survey shall also ensure that the workmanship of all parts of the hull, machinery and equipment is satisfactory, and that the ship is provided with lights, sound signals and distress signals as are required by the Safety Convention and the Collision Regulations.

260. Periodic surveys of passenger ships

(1) The periodic survey shall ensure that the hull, boiler and any other pressure valves, the main and auxiliary machinery, electrical installations, radio installations, radio installations in motor lifeboats, portable radio apparatus for survival craft, life-saving appliances, fire detecting and extinguishing appliances, pilot ladders, and any other equipment are in a satisfactory condition and fit for the service for which they are intended and that they comply with the requirements of the Safety Convention and the Regulations.

(2) The lights, sound signals and the distress signals carried by the ship are also subject to periodic survey.

261. Additional surveys of passenger ships

(1) A general or partial survey as the circumstances require shall be made each time an accident occurs or a defect which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or any other equipment is discovered or whenever important repairs, renewals or replacements are made.

(2) The survey shall ensure that the necessary repairs, renewals or replacements have been effectively made, that the material and workmanship for the repairs, renewals or replacements are in all respects satisfactory and that the ship complies in all respects with the provisions of the Safety Convention and the Collision Regulations and the Regulations.

262. Passenger ship certificate

(1) Where the Director-General on receipt of the surveyor’s report referred to in section 256 is satisfied that a Ghanaian passenger ship is in compliance with

(a) the requirements of the Safety Convention as regards construction, life-saving appliances, radio and direction finders, and

(b) the rules relating to safety of life at sea which are applicable to the ship and to the international voyages which it is to be engaged on, and that it is properly provided with the lights, shapes and means of making signals required by the Collision Regulations, the Director-General shall on the application of the owner, issue the appropriate Passenger Ship Safety Certificate.

(2) A Passenger Ship Safety Certificate may together with any other Safety Certificate required under this Act be contained in one document.

263. Short Voyage Certificates for passenger ships

Where the voyages on which a passenger ship is to be engaged are short international voyages and it complies only with the Regulations which are applicable to those voyages, the Director-General shall issue a Short Voyage Certificate showing that the ship complies with the requirements of the Safety Convention applicable to short international voyages.

264. Exemption and Qualified Certificate for passenger ships

Where the Director-General or any other person who the Director-General may authorise for the purpose, on receipt of the surveyor’s report in respect of a passenger ship is satisfied that

(a) the ship is eligible for exemption under this Act from any of the requirements of the Regulations, or of the Safety Convention applicable to the ship and to the international voyages on which it is to be engaged, and

(b) the ship complies with the remainder of those requirements and that she is properly provided with the lights, shapes and means of making sound signals required by the Collision Regulations, the Director-General shall on the application of the owner, issue in respect of the ship

(c) an Exemption Certificate stating the requirements of the Safety Convention from which the ship is exempt, and that the exemption is conditional on the ship plying on the voyages and being engaged only in the trades and complying with the other conditions specified in the certificates; and

(d) a Qualified Safety Certificate or a Qualified Short Voyage Certificate, showing that the ship complies with those requirements from which it is not exempted.

265. Validity of Passenger Ship Short Voyage Certificates

The Director-General or any other person who the Director-General may authorise for the purpose, may permit a passenger ship in respect of which there is in force a Short Voyage Certificate, or a Qualified Short Voyage Certificate, to proceed to sea on an international voyage from a port which is situated not further than twelve hundred nautical miles from the final port of destination.

266. Passenger Ship Safety Certificate to be carried on board

(1) A passenger ship shall, before plying or proceeding to sea from a port in Ghana, have on board a valid Passenger Ship Safety Certificate which shall show

(a) the limits beyond which the ship is not fit to ply, and

(b) the number of passengers which the ship may carry, and if necessary, distinguish the number to be carried in each part of the ship, and the conditions and variations to which the number is subject.

(2) Where in the case of a foreign passenger ship, the Director-General or any other person who the Director-General may authorise for the purpose, is satisfied on the production of a Passenger Ship Safety Certificate that the provisions of this Act have been substantially complied with, the ship shall be considered to have satisfied the requirements of subsection (1).

(3) The master or owner of a ship which contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment.

267. Penalty for carrying excess passengers

Where a passenger ship has on board a number of passengers which having regard to the time, occasion and circumstance of the case, is greater than the number allowed by the Passenger Ship Safety Certificate, the owner or master of the ship is, in addition to any other penalty under section 266 (3), liable to a fine equivalent to four times the fare charged per passenger for every excess passenger.

268. Safety equipment survey on cargo ships

(1) The life-saving appliances and fire-fighting appliances of a Ghanaian cargo ship are subject to survey before the ship is put into service and after that at intervals of not more than two years as specified by the Authority.

(2) The fire control plans in a Ghanaian ship and the pilot ladders, lights and sound signals and distress signals in a new and an existing Ghanaian cargo ship shall be included in the surveys for the purpose of ensuring that they comply fully with the requirements of the Safety Convention and the Collision Regulations.

269. Cargo Ship Safety Equipment Certificate

Where the Director-General or a person authorised by the Director-General for the purpose, is satisfied on receipt of the surveyor’s report in respect of a Ghanaian cargo ship that the ship

(a) complies with the requirements of the Safety Convention as regards life-saving appliances,

(b) complies with the Regulations relating to safety of life at sea which are applicable to the ship in regard to life-saving appliances and to the voyages that she is to be engaged on; and

(c) is properly provided with the lights, shapes and means of making sound signals required by the Collision Regulations, the Director-General or the authorised person shall on the application of the owner issue in respect of the ship a Safety Equipment Certificate

(d) where the ship is not less than five hundred gross tons and is to be engaged on international voyages, which shall be in the form prescribed by the Safety Convention; and

(e) in any other case, which shall show that it complies with those requirements.

270. Cargo ship exemption and Qualified Safety Equipment Certificates

(1) Where the Director-General or a person authorised by the Director-General for the purpose, on receipt of the surveyor’s report in respect of a cargo ship, is satisfied that the ship

(a) is exempt by this Act or by the Regulations from any of the requirements of the Regulations or of the Safety Convention, applicable to the ship and to the voyages that she is to be engaged on, and

(b) complies with the lights, shapes and means of making sound signals required by the Collision Regulations, the Director-General or the authorised person shall on the application of the owner issue in respect of the ship

(c) where it is not less than five hundred gross tons and is to be engaged on international voyages

i. an exemption certificate stating from which of the requirements of the Safety Convention the ship is exempted and that the exemption is conditional on the ship plying only on the voyages and being engaged only in the trade and complying with any other conditions, and

ii. a certificate showing that the ship complies with the requirements of the Safety Convention from which it is not exempted on the voyages on which she is to be engaged, and

(d) in any other case, a certificate showing that the ship complies with the requirements of the Safety Convention from which she is not exempt and the voyages on which it is to be engaged.

(2) A certificate issued under subsection (1) is in this Act referred to as a “Qualified Safety Equipment Certificate”.

271. Cargo ship radar and radio installation surveys

The radio and radar installations of a Ghanaian cargo ship and the radio installations in a motor lifeboat or portable radio apparatus for survival craft which is carried in compliance with the Regulations, are subject to survey before the ship is put into service and after that at intervals as specified by the Authority.

272. Issue of Cargo Ship Radio Certificate

(1) Where the Director-General or a person authorised by the Director-General for that purpose is satisfied on receipt of a surveyor’s report in respect of a cargo ship that the ship complies with the requirements

(a) of the Safety Convention, and

(b) of the Regulations relating to safety of life at sea applicable to the ship as regards radio installations and direction finders and to the international voyages to be engaged on, the Director-General or the authorised person shall on the application of the owner issue in respect of the ship

(c) a certificate in the form prescribed by the Convention where the ship weighs less than three hundred gross tons and is to be engaged on inter-national voyages, and

(d) a certificate showing that the ship complies with the requirements in this subsection.

(2) A Certificate issued under this section is in this Act referred to as a “Cargo Ship Radio Certificate”.

273. Cargo Ship Exemption and Qualified Radio Certificates

(1) Where the Director-General or a person authorised by the Director-General for the purpose is satisfied on receipt of the surveyor’s report in respect of a cargo ship that the ship

(a) is eligible for exemption under this Act from any of the requirements of

i. the Regulations relating to safety of life at sea, or

ii. the Safety Convention, applicable to the ship as regards radio installations and direction finders and to the voyages to be engaged on,

(b) complies with the remainder of the requirements, and

(c) is properly provided with the lights, shapes and means of making sound signals required by the Collision Regulations, the Director-General or the authorised person shall on the application of the owner issue in respect of the ship

(d) where it is not less than three hundred gross tons and is to be engaged on international voyages

i. an exemption certificate stating which of the requirements of the Safety Convention the ship is exempt from and that the exemption is conditional on the ship plying only on the voyages and being engaged only in the trade and complying with the other conditions, specified in the certificate, and

ii. a certificate showing that the ship complies with the requirements from which it is not exempt; and

(e) in any other case, a certificate showing

i. that the ship complies with the requirements of the Safety Convention from which it is not exempt, and

ii. the voyages on which it is to be engaged.

(2) A certificate issued under subsection (1) is in this Act referred to as a “Qualified Radio Certificate”.

274. Radio Exemption Certificates

Where a Ghanaian ship is granted partial or conditional exemption by the Director-General or any other person authorised by the Director-General for the purpose from the requirements of the Regulations relating to the Safety Convention as regards radio installations and direction finders there shall be issued on application by the owner, a Radio Exemption Certificate specifying the voyages and trades for and the conditions on which, the ship is exempt.

275. Cargo ship safety construction surveys

(1) Subject to subsections (2) and (3), the hull, machinery and equipment, other than items in respect of which Cargo Ship Radio Certificates are issued on a Ghanaian cargo ship, shall be surveyed before being put into service and after that they shall be surveyed in the manner and at the intervals provided under this Part.

(2) A general or partial survey, as the circumstances require shall be made each time an accident occurs or a defect is discovered which affects the safety of the ship or the efficiency or completeness of her life-saving appliances or equipment or whenever important repairs, renewals or replacements are made.

(3) The survey shall ensure that the necessary repairs, renewals or replacements have been effectively made, that the material and workmanship of the repairs, renewals or replacements are in all respects satisfactory and that the ship complies in all respects with the provisions of the Safety Convention and of the Collision Regulations and the Regulations.

276. Regulations for cargo ship safety construction requirements and surveys

(1) This section applies to

(a) a Ghanaian ship of not less than five hundred gross tons,

(b) a Ghanaian ship of a lower tonnage and description that the Minister may specify, and

(c) a foreign ship within Ghanaian waters and while it is not exempted under this Act, but does not apply to a passenger ship, a troop ship, pleasure craft, a fishing vessel and a ship which is not mechanically propelled.

(2) The Minister may make Cargo Ship Safety Construction and Survey Regulations, prescribing the requirements for Ghanaian ships referred to in subsection (1) to be surveyed to an extent and in a manner and at intervals as may be prescribed.

(3) The Regulations shall include the requirements as appear to the Authority to implement the provisions of the Safety Convention in relation to the hull, equipment and machinery of the ship.

277. Issue of Cargo Ship Safety Construction Certificates

(1) Where the Director-General or a person authorised by the Director-General is satisfied on receipt of the surveyor’s report in respect of a Ghanaian cargo ship to which section 279 applies, that the ship complies with the Cargo Ship Safety Construction and Survey Regulations applicable to the ship and the voyage it is to be engaged in, the Director-General or the authorised person shall on the application of the owner issue in respect of the ship

(a) a certificate in the form prescribed by the Convention where it is not less than five hundred gross tons and is to be engaged on an international voyage; and

(b) in any other case a certificate showing that the ship complies with the Regulations.

(2) A certificate issued under subsection (1) is referred to as a “Cargo Ship Safety Construction Certificate”.

278. Cargo Ship Exemption and Qualified Safety Construction Certificates

(1) Where the Director-General or a person authorised by the Director-General for the purpose is satisfied on receipt of the surveyor’s report in respect of cargo ship, that the ship is eligible for exemption under this Act from any of the requirements of the Regulations applicable to the ship and to the voyages it is to be engaged in, and that the ship complies with the remainder of these requirements, the Director-General shall on the application of the owner issue in respect of the ship

(a) where it is of not less than five hundred gross tons and is to be engaged on international voyages,

i. an exemption certificate stating from which of the requirements of the Safety Convention the ship is exempt and that the exemption is conditional on the ship plying only on the voyages and being engaged only in the trades and complying with the other conditions specified in the certificate, and

ii. a certificate showing that the ship complies with those requirements of the Safety Convention from which it is not exempt, and

(b) in any other case, a certificate showing

i. that the ship complies with the requirements of Cargo Ship Construction and Survey Regulations from which the ship is not exempt; and

ii. the voyages on which it is to be engaged.

(2) Certificate issued under subsection (1) paragraph (a) or (b), is in this Act referred to as a “Qualified Cargo Ship Safety Construction Certificate”.

279. Validity period of Cargo Ship Safety Construction Certificate

(1) A Cargo Ship Safety Construction Certificate issued under section 277 shall remain in force for five years or a shorter period that may be specified in it, subject to the power of the Director-General to cancel the certificate and an exemption certificate issued under this Part shall remain in force for the same period as the corresponding qualifying certificate.

(2) The Director-General may extend the period for which a certificate under subsection (1) is issued for a period not exceeding three months.

(3) Despite the power of extension conferred under subsection (1), where a certificate under this section is in force in respect of a ship and the certificate was issued for a shorter period than is allowed under this section, the Director-General or a person authorised by the Director-General for the purpose may, if satisfied on receipt of declarations of survey in respect of the ship that it is proper to do so, grant an extension of the certificate for a period not exceeding one year and in any event not exceeding in total the period of five years specified in subsection (1).

280. Appeals against withholding of ship’s certificates or detention

Where, following the survey of a ship, the owner is aggrieved by the withholding of a certificate required to be carried on board the ship under this Act, or by the ship being detained in accordance with section 255, the owner may appeal to the Court of Survey provided for under section 429.

281. Periods of validity of certificates

(1) A Passenger Ship Safety Certificate and a Cargo Ship Safety Radio Certificate shall be in force for one year and a Safety Equipment Certificate, shall be in force for two years from the date of its issue or for a shorter period as may be specified in the certificate, except that the certificate shall not remain in force after notice is given by the Director-General to the owner, master or agent of the ship in respect of which it has been issued that the Director-General has cancelled the certificate.

(2) An exemption certificate, relating to the Global Maritime Distress and Safety System, satellites and direction finders shall be in force for the same period as the corresponding qualified certificate.

282. Extension of period of validity of certificates

(1) Where a Ghanaian ship is not in a port of Ghana on the date of expiry of a certificate issued to that ship under this Act, the Director-General or a person authorised by the Director-General, may extend the validity of that certificate in the first instance by a period not exceeding one month from its initial date of expiry up to a maximum of three months in the aggregate.

(2) The extension referred to in subsection (1) shall be granted only for the purpose of enabling the ship to proceed to a Ghanaian port or a port where it appears proper and reasonable to grant the extension.

283. Validity of qualified certificates

A qualified certificate shall not be considered to be in force in respect of a ship unless there is in force in respect of the ship a corresponding exemption certificate, and an exemption certificate does not have an effect unless it is, by its terms, applicable to the voyage on which the ship is about to proceed.

284. Penalty for non-compliance with conditions of exemption certificate

Where an exemption certificate, issued in respect of a Ghanaian ship specifies conditions on which the certificate is issued and any of those conditions is not complied with, the owner or the master of the ship commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment.

285. Posting up of certificates on board ships

(1) The certificates or certified copies of certificates except exemption certificates or certified copies of exemption certificates issued under this Act, shall be posted in a prominent and accessible place in the ship for the information of persons on board, and the certificates or copies of the certificates shall be kept thus posted while they are in force and the ship is in use.

(2) The owner or master of a ship who fails without reasonable cause to comply with subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment.

286. Survey to verify safety certificates and compliance with conditions of issue

A surveyor of ships may board a ship for the purpose of verifying whether

(a) there is in force, in respect of a foreign Safety Convention ship, a valid Safety Convention Certificate,

(b) the condition of the hull, equipment and machinery of a Safety Convention ship corresponds substantially with the particulars shown in the certificate,

(c) the number, grades and qualifications of radio officers or operators on board correspond with those shown in that certificate, except where the certificate states that the ship is partially exempt from the provisions of the Safety Convention relating to Convention on the International Mobile Satellite Organisation, and

(d) any conditions subject to which an exemption certificate is issued, are being complied with. A person authorised by the Director-General, may extend the validity of that certificate in the first instance by a period not exceeding one month from its initial date of expiry up to a maximum of three months in the aggregate.

287. Production of Safety Convention Certificate

(1) The master of a foreign Safety Convention Ship, shall produce to the authorities from whom a clearance for the ship is sought in respect of an international voyage from a Ghanaian port, valid Safety Convention Certificates that are the equivalent of the Safety Convention Certificates issued by the Director-General and required to be in force in respect of a Ghanaian ship.

(2) Clearance shall not be granted, and the ship may be detained until those certificates are produced.

(3) The production of a valid Safety Convention Certificate which is the equivalent of

(a) a qualified certificate, or

(b) an exemption certificate, other than a certificate stating that the ship is wholly exempt from the provisions of the Safety Convention, is not acceptable for the purpose of section 315 unless there is also produced the corresponding qualified certificate or exemption certificate.

288. Miscellaneous privileges for holding Safety Convention Certificate

(1) Where a valid Safety Convention Certificate is produced in respect of a foreign Safety Convention ship, it shall be accepted and the ship shall be exempted from surveys or inspection under section 296, unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate or that the ship or its equipment are not in compliance with the Regulations regarding the maintenance of conditions of ships and their equipment after survey.

(2) Where a certificate is not accepted due to the circumstances referred to in subsection (1), or where a certificate has expired or ceased to be valid, the ship shall not be granted clearance and the ship shall be detained until she can proceed to sea or to the appropriate repair yard without causing danger to the ship or persons on board, and the following persons shall be notified in writing of the circumstances:

(a) the local consul of the ship’s flag state or, in the consul’s absence, the nearest diplomatic representative of the ship’s flag State, and

(b) nominated surveyors or recognised organisations responsible for the issue of the certificates referred to in subsection (1).

289. Ship not to proceed to sea without appropriate certificates and documents

(1) A Ghanaian Safety Convention Ship shall not proceed to sea on an international voyage from a port in Ghana unless there is in force in respect of the ship a ship security plan and an International Ship Security Certificate [As amended by the Ghana Maritime Security Act, 2004 (Act 675), section 73].

(a) where it is a passenger ship

i. a Passenger Ship Safety Certificate,

ii. a Short Voyage Safety Certificate, or

iii. a Qualified Short Voyage Safety Certificate which, subject to the provisions of this section relating to Short Voyage Certificate, is applicable to the voyage on which the ship is about to proceed and to the trade in which the ship is for the time being engaged;

(b) where it is not a passenger ship

i. a Cargo Ship Safety Construction Certificate or a Qualified Cargo Ship Safety Construction Certificate,

ii. a Safety Equipment Certificate or a Qualified Safety Equipment Certificate, and

iii. a Radio Certificate, or a Qualified Radio Certificate, or an Exemption Radio Certificate.

(2) Despite subsection (1) a Ghanaian ship that is not a passenger ship may proceed to sea if there is in force in respect of the ship, the certificates referred to in paragraph (a) as if it were a passenger ship.

290. Detention of ship for non-production of certificates

(1) The master of a Ghanaian ship shall produce to the appropriate authorities from whom clearance for the ship is demanded for an international voyage, the certificates required by this Part to be in force when the ship proceeds to sea.

(2) A clearance shall not be granted, and the ship may be detained, until the certificates are produced.

291. Ships to carry stability information

(1) A Ghanaian passenger ship, regardless of its size and a cargo ship of a length of twenty four metres or more, or of a weight of fifteen tons or more shall carry on board the prescribed information about the ship’s stability.

(2) A copy of the information shall be sent to the Director-General, and the determination of the ship’s stability shall be based on an inclining test of the ship but the Director-General may allow the information to be based on a similar determination of the stability of a sister ship.

(3) Where a ship proceeds or attempts to proceed to sea without having on board the information as required by subsections (1) and (2), the owner or master commits an offence and is liable on summary conviction to a fine of two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment.

292. Penalty for forgery of survey report or certificates

Any person who

(a) knowingly and wilfully makes or assists in making or procures to be made a false or fraudulent survey report under this Part, or

(b) forges, assists in forging, procures to be forged, fraudulently alters, assists in fraudulently altering a survey report or certificate, or anything contained in or a signature to the report or certificate, commits an offence and is liable on summary conviction to a fine of not less than five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment.

293. Maintaining condition of ship and notice on change in condition

(1) The condition of a ship in respect of which a Safety Convention Certificate issued under this Act is in force, including the equipment of the ship, shall be maintained at all times to comply in all respects with the provisions of the Safety Convention and of the Collision Regulations and any other Regulations made under this Act.

(2) Where an accident occurs to a ship or a defect is discovered, or an alteration is made to the ship’s hull, equipment, appliances or machinery which affects the safety of the ship or its efficiency, completeness or seaworthiness, the owner or master shall as soon as practicable following the accident, discovery of a defect, or an alteration, give written notice to the Director-General describing full particulars of the accident, the defect or the alteration.

(3) Where notice is not given as required by this section, the owner or master of the ship commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment.

294. Re-survey of a ship following alterations or damages

(1) Where the Director-General has reason to believe that since the making of the last survey report in respect of a ship

(a) an alteration has been made as referred to in section 293 (2), or

(b) the hull, equipment, appliances or machinery of the ship have sustained any damage or are otherwise defective or insufficient, the Director-General may require the ship to be surveyed again to the extent that the Director-General considers fit, and if the requirement is not complied with, the Director-General may cancel the certificate issued in respect of the ship under this Act.

(2) For the purpose of this section “alteration” in relation to anything includes the renewal or replacement of a part.

295. Application of this Part to foreign ships within Ghanaian waters

(1) The Director-General may direct that any of the provisions of this Part shall apply to a foreign ship while within Ghanaian waters.

(2) Despite anything in this Part, the Director-General may relieve a foreign ship or the owner of a foreign ship from compliance with any of the provisions of this Part or the Regulations relating to inspection, in a specific case of emergency, where the Director-General considers it necessary or advisable in the public interest.

(3) The Director-General shall not relieve any ship or its owner from compliance with a provision which would permit a ship to proceed to sea or to make a voyage in an unseaworthy condition.

296. Survey of foreign ship and issue of safety convention certificate

(1) The Director-General may at the request of the government of a country to which the Safety Convention applies, cause a ship to be surveyed and if the Director-General is satisfied that the requirements of the Safety Convention have been complied with, the Director-General shall issue certificates to the ship in accordance with the Safety Convention.

(2) A certificate issued under subsection (1) shall contain a statement to the effect that it has been issued at the request of the government of the country in which the ship is or will be registered, and the certificate shall have the same force and receive the same recognition as any other certificate issued under this Part.

297. Survey of Ghanaian ships by other Safety Convention countries

(1) The Director-General may request the government of a country to which the Safety Convention applies or an organisation authorised to act in that behalf to issue a certificate in respect of a Ghanaian ship as is required under this Act.

(2) A certificate issued in pursuance of the request and containing a statement that it has been so issued shall have effect for the purposes of this Act as if it has been issued by the Director-General.

298. Exceptions

Nothing in this Part or in the Regulations unless it is expressly provided otherwise shall apply to

(a) ships of war and troop ships,

(b) cargo ships of less than five hundred gross tonnage,

(c) ships not mechanically propelled,

(d) canoes, and

(e) pleasure yachts not engaged in trade.

299. Regulations for safety requirements and issue of Ghanaian safety certificate

The Minister may make Regulations prescribing safety requirements and providing for the inspection, survey and issue of Ghanaian safety certificates in respect of a ship or class of ship to which the Safety Convention does not apply.

PART EIGHT
Load Lines
300. Interpretation of Part Eight

For the purpose of this Part,

“Convention country” means a country, the Government of which is a party to the Load Line Convention or a territory of the country to which the Convention extends;

“existing ship” means a ship which at the commencement of this Act is not a new ship;

“fishing vessel” means a ship used for catching fish, or any other living resources of the sea including whales, walrus and seals;

“international voyage” means a voyage between

(a) a port or place in Ghana and a port or place outside Ghana, or

(b) a port in a Convention Country, other than Ghana and a port in any other country or territory, whether or not a Convention Country, which is outside Ghana, except that, in determining the ports between which a voyage is made, account shall not be taken of a deviation by a ship from her intended voyage which is due solely to unstable weather or any other circumstances that neither the master nor the charters of the ship could have prevented or foreseen;

“Load Line Convention” means the International Convention on Load Lines of 1966 and any amendments to it which the Minister may by legislative instrument prescribe to be in force in Ghana;

“Load Line Convention Ship” means an international Load Line Ship that belongs to a country to which the Load Line Convention applies;

“Load Line Regulations” means the Regulations made by the Minister to give effect to the Load Line Convention;

“Load Line Ship” means

(a) an international Load Line Ship, which is an existing ship of not less than one hundred and fifty tons, or a new ship of twenty-four metres or more in length or of fifteen tons or more in weight which carries cargo or passengers on international voyages, or

(b) a Ghanaian Load Line Ship, other than an international Load Line Ship, which carries cargo or passengers, and

“new ship” means a ship whose keel is laid or which is at a similar stage of construction

(a) in the case of a ship registered in or flying the flag of a country other than Ghana which is a Convention Country or a country to which the Convention applies, on the date from which it is declared that the government of the country has ratified or acceded to the Load Line Convention,

(b) in the case of any other ship, on the date of the coming into force of this Act.

301. Exemptions

This Part does not apply to

(a) ships of war,

(b) pleasure crafts not engaged in trade, and

(c) fishing vessels.

302. Countries to which Load Line Convention applies

The Minister may from time to time publish in the Gazette the list of countries that have ratified, acceded to or denounced the Load Line Convention.

303. Load Line Regulations

The Minister may make Load Line Regulations for the purpose of giving effect to the Load Line Convention, and the Regulations may also prescribe Load Line requirements and provide for the issue of Ghanaian Load Line Certificates in respect of ships to which the Load Line Convention does not apply.

304. Certificates issued under the Load Line Convention

(1) An International Load Line Certificate may be issued to every ship which has been surveyed and marked in accordance with the Load Line Convention.

(2) An International Load Line Exemption Certificate may be issued to a ship to which an exemption has been granted in accordance with the Load Line Convention.

305. International and Local Load Line Certificate

(1) Where a Ghanaian ship has been surveyed and marked in accordance with the Load Line Regulations, the appropriate certificate shall be issued to the owner of the ship by the Director-General on the owner’s application.

(2) For the purpose of this section the appropriate certificate in the case of

(a) an existing ship of not less than one-hundred and fifty gross tonnage and a new ship of twenty-four metres or more in length and of fifteen tons or more in weight is to be called an International Load Line Certificate (1966), and

(b) any other ship, is to be called a Ghanaian Load Line Certificate.

306. Certificates issued by other governments

(1) The Director-General may request the government of a country which is a party to the Load Line Convention to issue an International Load Line Certificate in respect of a Ghanaian ship and a Certificate so issued shall have effect for the purposes of this Part as if it has been issued by the Director-General under this Part.

(2) Where a valid Load Line Certificate issued in pursuance of subsection (1) is produced in respect of a ship, that ship shall for the purposes of this Part be considered to have been surveyed under the Load Line Regulations.

(3) Where the deck line and Load Line correspond with the marks specified in the certificate, the ship shall be considered to be marked as required by this Part.

307. Certificates issued at the request of other governments

The Director-General may at the request of the government of a country to which the Load Line Convention applies, issue an International Load Line Certificate in respect of a ship of that country, if the Director-General is satisfied that, as in the case of a Ghanaian ship, the Director-General can properly issue the certificate, and where a certificate is issued on that request, it shall contain a statement to the effect that it has been so issued.

308. Regulations as to the validity of foreign certificates

(1) With a view to determining the validity in Ghana of a certificate purporting to have been issued in accordance with the Load Line Convention in respect of a foreign ship, the Minister may make the necessary Regulations.

(2) For the purposes of the provisions of this Part relating to foreign ships the expression “a valid Load Line Certificate” means a certificate complying with any of the Regulations made under subsection (1) as are applicable in the circumstance.

309. Exemption from application of this Part

The Director-General may by a certificate grant an exemption from the application of this Part to ships under twenty-four metres in length or under fifteen tons in weight engaged solely in the local trade or any class of those ships.

310. Extent of exemption

In this Part, a reference to an exemption is a reference to an exemption from

(a) all of the provisions of this Part and the Load Line Regulations, or

(b) any of the provisions of this Part and the Load Line Regulations that are specified in the certificate granting the exemption.

311. Issue of exemption certificates

(1) Where the Director-General exempts a ship under section 309, the Director-General shall issue the appropriate certificate to the owner of the ship.

(2) Where the exemption is granted

(a) under paragraph (a) of section 310 the certificate shall be called an International Load Line Exemption Certificate, and

(b) where the exemption is granted under paragraph (b) of section 310 the certificate shall be called a Ghanaian Load Line Exemption Certificate.

(3) A certificate issued under this section shall be referred to as prescribed by the Load Line Regulations.

312. Duration and extension of exemption

(1) The Load Line Regulations shall specify the period within which an exemption granted under section 309 or a certificate issued under section 305 is to remain in force including provisions

(a) enabling the period for which the exemption or certificate is originally granted or issued to be extended within the limits and in circumstances prescribed by the Regulations, and

(b) for terminating an exemption and for cancelling a certificate in circumstances that may be prescribed.

(2) While a certificate is in force in respect of a ship, there shall be endorsed on the certificate information relating to

(a) periodic inspection of the ship in accordance with the Load Line Regulations, and

(b) an extension of the period for the certificate.

313. Effect of Load Line Certificate

Where a valid Load Line Certificate issued under this Part is produced in respect of the ship to which the certificate relates

(a) the ship shall be considered to have been surveyed in accordance with the Load Line Regulations, and

(b) where lines are marked on the ship according to number and description to the deck line and the load lines respectively as required by the Load Line Regulations, and the positions of those lines so marked correspond to the positions of the deck line and load lines as specified in the certificate, the ship shall be considered to be marked as required by those Regulations.

314. Duration, renewal, extension and cancellation of Load Line Certificate

(1) A Load Line Certificate issued by the Authority shall, unless it is renewed in accordance with subsection (2), expire at the end of the period specified in the certificate and in any event shall not be renewed for a period exceeding five years from the date of issue.

(2) A Load Line Certificate issued for a lesser period than the required period under the Load Line Regulations may be renewed by the Authority for a period not exceeding five years on any occasion.

(3) The owner of a ship in respect of which a certificate has been issued shall, for the period that the certificate remains in force, cause the ship to be surveyed in the prescribed manner at least once in every twelve months after the issue of the certificate.

(4) Where the ship is not surveyed, the Authority shall extend the period of survey by a maximum of three months or cancel the certificate.

315. Ships not to proceed to sea without Load Line Certificate

(1) Subject to an exemption granted by or under this Part, a Ghanaian ship which is an international load line ship shall not proceed to sea on an international voyage unless there is in force in respect of that ship an International Load Line Certificate.

(2) A Ghanaian Load Line Ship shall not proceed to sea unless there is in force in respect of the ship a Ghanaian Load Line Certificate.

(3) The master of a Ghanaian Load Line Ship shall produce to the customs officer from whom clearance for the ship is sought the certificate required by this section which shall be valid when the ship proceeds to sea, and where the certificate is not produced, clearance shall not be granted and the ship shall be detained until the certificate is produced.

316. Deck Cargo Regulations

(1) The Minister may make the Deck Cargo Regulations, prescribing requirements to be complied with where cargo is carried in an uncovered space on the deck of a load line ship.

(2) Where the Load Line Regulations provide for assigning special freeboards to a ship when carrying only timber deck cargo, the Deck Cargo Regulations shall prescribe special requirements to be complied with in the circumstances.

(3) In prescribing the special requirements for the purposes of subsection (2), the Minister shall consider in particular the provisions of Chapter IV of Annex 1 to the Load Line Convention.

(4) Where a provision of the Deck Cargo Regulations is contravened in the case of

(a) a Ghanaian ship, or

(b) any other ship while the ship is within Ghanaian waters, the master of the ship commits an offence and is liable on summary conviction to a fine not exceeding the cedi equivalent of US $100, 000 or to a term of imprisonment not exceeding five years or to both the fine and the imprisonment.

(5) Where a person is charged with an offence under subsection (4) it shall be a valid defence to prove to the satisfaction of the Court that the contravention was due solely to deviation or delay caused by unstable weather conditions or force majeure which neither the master nor the owner nor the charterer could have prevented or foreseen.

(6) For the purpose of securing compliance with the Deck Cargo Regulations, a person authorised in that behalf by the Director-General may inspect a ship to which this Part applies which is carrying cargo in an uncovered space on its decks; and for the purpose of the inspection that person shall have all the powers of a surveyor under this Act.

317. Inspection of Ghanaian Load Line ship

A surveyor of ships may inspect a Ghanaian Load Line ship for the purpose of ensuring that the provisions of this Part and the Regulations made for the purpose are complied with.

318. Notice to be given of alterations affecting structural position of Load Line ship

(1) The owner or master of a ship in respect of which a Load Line Certificate issued under this Part is in force shall as soon as practicable, after a structural alteration which affects the load line marks is made in the hull or superstructure of the ship, give notice in writing to the Director-General containing full particulars of the alterations.

(2) Where notice of the alteration is not given as required by subsection (1), the owner and the master commits an offence and each is liable on summary conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment.

(3) In any such case, the Director-General may

(a) cancel the Load Line Certificate, or

(b) require the owner to have the ship surveyed again to the extent that the Director-General considers appropriate, and if that requirement is not complied with the Director-General may cancel the Load Line Certificate.

(4) The Director-General may exercise the powers specified in subsection (3) with regard to a ship where the Director-General has reason to believe that

(a) material alterations have taken place in the hull or super-structure of the ship which will affect the load line marks, or

(b) fittings and appliances for the protection of openings, guard rails, the freeing port or the means of access to the crews’ quarters have not been maintained on the ship in as effective a condition as they were prior to the issue of the certificate.

(5) Where a Load Line Certificate has expired or has been cancelled, the Director-General may require the owner or master of the ship to which the certificate relates to surrender the certificate.

(6) The ship in respect of which the owner or master is required to surrender a Load Line Certificate under subsection (5) may be detained and if the owner or master fails without reasonable cause to comply with the requirement, the owner or master commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment.

319. Submersion of load lines

(1) A ship which does not have a list shall not be overloaded so as to submerge the ship below the appropriate load line on each side of the ship.

(2) Where a ship which has a list is overloaded so as to submerge the ship below the appropriate load line, the extent of the overloading and submergence shall not exceed the extent required by the list.

(3) Where a ship is loaded in contravention of this section, the owner or master of the ship commits an offence and is liable on summary conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment, and in addition a fine not exceeding one hundred and fifty penalty units for every centimetre, or part of it by which the appropriate load line on each side of the ship is submerged.

(4) In addition to the proceedings under this section, a ship which is loaded in contravention of this section may be detained until it ceases to be so loaded.

320. Alteration or defacement of load line marks

(1) The owner or master of an international load line ship or a Ghanaian load line ship who fails without reasonable cause to keep the ship marked in accordance with this Part commits an offence and is liable on summary conviction to a fine not exceeding the cedi equivalent of US $1 million or to a term of imprisonment not exceeding three years or to both the fine and the imprisonment.

(2) A person who conceals, removes, alters, defaces or obliterates or permits a person under the control of that person to conceal, remove, alter, deface or obliterate any mark placed on a ship in accordance with this Part, except with the authority of a person entitled under the Load Line Regulations to authorise the alteration of the mark commits an offence and is liable on summary conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three years or to both the fine and the imprisonment.

321. Ships not to proceed to sea unless complying with Load Line Regulations

(1) A Load Line Ship shall not proceed to sea unless

(a) the ship has been surveyed in accordance with the Load Line Regulations by a surveyor of ships or by an organisation authorised to act in that behalf by the Director-General or at the Director-General’s request by the government of any Load Line Convention Country,

(b) the ship complies with the conditions for the assignment of load lines prescribed in the Load Line Regulations,

(c) the ship is marked on each side with a deckline mark indicating the position of the uppermost deck and with load line marks, indicating the several maximum depths to which the ship is permitted to load in various circumstances prescribed by the Load Line Regulations, and

(d) the deckline and load lines are of the descriptions and in the positions required by the Load Line Regulations.

(2) Where a ship proceeds or attempts to proceed to sea in contravention of this section the master or owner of the ship commits an offence is liable on summary conviction to a fine not exceeding one thousand penalty units or to a term of imprisonment not exceeding three years or to both the fine and the imprisonment, and in addition the ship may be detained until it has been so surveyed and marked.

322. Production of Load Line Certificate of Ghanaian ship

The master of every Load Line Convention ship shall, on request produce a valid Load Line Certificate to the Customs Officer who will give a clearance certificate for the ship from the port in Ghana and where a valid Load Line Certificate is not produced on request a clearance shall not be granted and the ship may be detained until the Load Line Certificate is produced.

323. Production of Load Line Certificates of foreign ships

Unless a valid Load Line Certificate is produced in respect of a foreign ship, the provisions of section 318 shall apply to that ship proceeding or attempting to proceed to sea from a port in Ghana as they apply to a Ghanaian ship.

324. Submersion of load lines of foreign ships

Section 319 applies to foreign ships while in Ghanaian waters subject to the following:

(a) a Load Line Convention ship shall not be detained, and proceedings shall not be taken against the ship by virtue of that section, except after an inspection by a surveyor as provided for in this Part;

(b) the expression “the appropriate load line” means

i. in the case where a valid Load Line Certificate in respect of the ship is produced on an inspection as mentioned above, the load line appearing on the Certificate indicating the maximum depth to which the ship is for the time being permitted under the Load Line Convention to be loaded; and

ii. in the case where a valid Load Line Certificate is not produced, the load line which corresponds with the load line indicating the maximum depth to which the ship is for the time being permitted in accordance with the Load Line Regulations to be loaded.

325. Posting of Load Line Certificate and entry of Load Line details in ship’s log book

(1) Where a Load Line Certificate has been issued under this Part in respect of a load line ship

(a) the owner of the ship shall, on receipt of the certificate, cause it to be framed and displayed in a conspicuous place on board the ship, and the certificate shall be kept so framed and displayed and shall be legible so long as the certificate remains in force and the ship is in use; and

(b) the master of the ship shall, before making any other entry in an official log book, enter in the log book the particulars of the marking of the deckline and load line specified in the certificate.

(2) Before a load line ship proceeds to sea, the master shall

(a) enter in the official log book the draught and freeboard relating to the depth to which the ship is for the time being loaded, the density of the water in which the ship is floating and all other particulars in the form set out in the official log book, and

(b) cause a notice in the prescribed form to be displayed in a conspicuous place on board the ship and the notice shall remain displayed and shall be legible while the ship is at sea.

(3) The master or owner of a Ghanaian load line ship who fails to comply with a provision of this section commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment.

326. Inspection of ships regarding load lines

(1) A surveyor of ships may board a ship when the ship is within Ghanaian waters and demand the production of the Load Line Certificate for the time being in force in respect of the ship.

(2) Where a valid Load Line Certificate is produced to the surveyor, the surveyor’s powers of inspecting the ship with respect to load lines shall be limited to ensuring that

(a) the ship is not loaded beyond the limits allowed by the Certificate;

(b) the markings of the load line on the ship correspond with those specified in the Certificate;

(c) material alterations have not taken place in the hull or superstructure of the ship that affects the markings of the load lines; and

(d) the fittings and appliances for the protection of openings, guard rails, freeing ports and the means of access to the crew’s quarters have been maintained on the ship in as effective a condition as they were when the Certificate was issued.

(3) Where a valid Load Line Certificate is not produced to the surveyor, the surveyor shall have the same power of inspection as provided for in section 317 as if the ship were a Ghanaian load line ship.

(4) Where the ship is detained under this Part, the Director-General shall order the ship to be released as soon as he is satisfied that the ship is fit to proceed to sea without danger to human life.

327. Contravention of Load Line Regulations and detention of ships

(1) Where it is found on an inspection referred to in section 326 that a ship is loaded in contravention of section 319, the ship may be detained and proceedings may be taken against the master or owner of the ship under section 319.

(2) Where the load lines on the ship are not marked as specified in the certificate, the ship may be detained until the omission has been rectified to the satisfaction of the surveyor.

(3) Where on an inspection a ship is found to have been so materially altered in respect of the matters referred to in section 326 (2) (c) or (d) or is so undermanned that it is manifestly unfit to proceed to sea without danger to human life, the ship shall be detained.

(4) Where a ship is detained under subsection (3), the Director-General shall order the ship to be released as soon as the Director-General is satisfied that the ship is fit to proceed to sea without danger to human life.

PART NINE
Carriage of Bulk Cargo
328. Bulk cargo Regulations

The Minister may make Regulations relating to

(a) the safe carriage and stowage of bulk cargoes having due regard to the Code of Safe Practice for Solid Bulk Cargoes and the International Grain Code adopted by the International Maritime Organisation, and

(b) the safe carriage and stowage of grain in accordance with the International Convention for the Safety of Life at Sea, 1974 as amended.

329. Precautions regarding grain cargo

(1) Where grain is loaded on board a ship, or is loaded at a port in Ghana on a ship, the necessary and reasonable precautions shall be taken to prevent the grain from shifting and if the precautions are not taken, the owner or the master or an agent of the owner who is responsible for the loading or with sending the ship to sea laden with the grain, commits an offence and the ship shall be considered for the purposes of this Act to be unsafe by reason of improper loading.

(2) Where a ship, loaded with grain outside Ghana without necessary and reasonable precautions having been taken to prevent the grain from shifting, enters a port in Ghana so laden, the owner or master commits an offence and the ship shall be considered for the purposes of this Act to be unsafe by reason of improper loading.

(3) An offence is not committed under subsection (2) where the ship would not have entered the port but for unstable weather or force majeure, which neither the master, the owner not the charterer could have prevented or foreseen.

(4) A person authorised by the Director-General to ensure the observance of the provisions of this section may inspect the grain and the manner in which it is stowed and shall have all the powers of a surveyor of ships under this Act.

330. Offence and penalty

A person who contravenes section 329 commits an offence and is liable on summary conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment.

Dangerous Goods
331. Regulations as to dangerous goods

(1) The Minister may by Regulations specify which goods, articles or materials carried on a ship are dangerous goods in accordance with the International Convention for the Safety of Life at Sea, 1974 as amended or with any other Convention which may be ratified by Ghana, and the Regulations shall have regard to the International Maritime Dangerous Goods Code of the International Maritime Organisation.

(2) In addition to subsection (1), the Minister may by Regulations prescribe

(a) the method of packing and stowing goods;

(b) the quantity of goods which may be carried in a ship;

(c) the place or places within a ship in which goods may be carried;

(d) the marking that is to be placed on a package or container in which goods may be placed for shipment; and

(e) the precautions that shall be taken with respect to the carriage of the goods and the powers of inspection to determine compliance with the provisions of the Regulations.

332. Carriage and marking of dangerous goods

(1) A person shall not send by or carry in a Ghanaian ship, except in accordance with the Regulations, any dangerous goods, except that this section shall not apply to ships in distress or to the carriage of military stores under conditions authorised by the Minister in writing.

(2) A person shall not send by or carry in a Ghanaian ship dangerous goods without first

(a) distinctly marking their nature on the outside of the outermost package containing the goods in a prescribed manner, and

(b) giving a written notice of the nature of the goods and of the name and address of the sender to the master or owner of the ship.

(3) This section applies to all foreign ships while loading at a place in Ghana as they apply to Ghanaian ships.

(4) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment.

333. Rejection and disposal of dangerous goods by ship

(1) The master or owner of a ship may refuse to take on board a package or parcel that the master or owner suspects might contain dangerous goods and may require the package to be opened to ascertain its nature.

(2) When dangerous goods, or goods that in the opinion of the master or owner of the ship are dangerous goods, have been sent on board a ship without the marking or the written notice described in section 332, the master or owner of the ship may dispose of the goods, together with the package or container in a manner that will not cause damage to the environment.

(3) Neither the master nor the owner of the ship is subject to civil or criminal liability in a Court in respect of an action taken under subsection (2).

334. Forfeiture of dangerous goods

(1) Where dangerous goods have been sent by or carried in any ship in a manner that would constitute an offence under this Part, a Court may order the goods and the packaging or container to be forfeited to the Republic.

(2) The Court may exercise the powers conferred by subsection (1) although

(a) the owner of the goods concerned has not committed an offence in respect of the goods, or is not before the Court, or has had no notice of the proceedings; and

(b) there is no evidence to show to whom the goods belong; but the Court may direct notice to be given to the owner or shipper of the goods before they are forfeited.

PART TEN
Seaworthiness of Ships
335. Unseaworthy ship

In this Part “unseaworthy ship” means a ship which by reason of the defective condition of its hull, equipment or machinery, or by reason of under manning, overloading or improper loading, is unfit to proceed to sea without serious danger to human life and the marine environment, having regard to the nature of the service for which the ship is intended.

336. Sending unseaworthy ship to sea

(1) A person who sends or attempts to send a Ghanaian or foreign ship to sea from a port in Ghana in such an unseaworthy state that the life of a person is likely to be endangered commits an offence, unless that person proves

(a) that reasonable means have been used to ensure that the ship was sent to sea in a seaworthy state; or

(b) that sending the ship to sea in the unseaworthy state was in the circumstances reasonable and justifiable.

(2) A prosecution under this section shall not be instituted except with the consent of the Director-General, subject to article 88 of the Constitution.

(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a term not exceeding three years or to both the fine and the imprisonment.

337. Owner’s obligation for seaworthiness

(1) The owner and the master of a ship or an agent charged with the loading of a ship or preparing the ship for or sending the ship to sea shall ensure that the ship is seaworthy before it commences the voyage and that the ship maintains its seaworthiness during the voyage.

(2) In a contract of service between the owner of a ship and the master, and a seafarer or apprentice, there is an express or implied obligation on the owner of the ship and the master that despite any agreement to the contrary, the ship is seaworthy for all purposes.

338. Detention of unseaworthy ship

(1) Where the Director-General or a surveyor has reason to believe that a ship at a port in Ghana is an unseaworthy ship, whether on a complaint, representation or otherwise made to the Director-General in sufficient time before the sailing of the ship, the Director-General shall ascertain whether the ship ought to be detained or not.

(2) Where the Director-General or surveyor is satisfied that the ship is an unseaworthy ship, the Director-General may in the case of

(a) a foreign ship, cause the ship to be detained, and

(b) a Ghanaian ship, cause its Safety Certificates to be suspended, until the Director-General is satisfied that the ship is fit to proceed to sea.

(3) Where the ship is detained under subsection (2), the Director-General may take the measures the Director-General considers necessary to prevent the ship from sailing while it is an unseaworthy ship.

339. Temporary detention of unseaworthy ships

(1) The Director-General may order a ship in a port in Ghana to be temporarily detained for the purpose of being surveyed if the Director-General has reason to believe whether on a complaint or otherwise, that the ship is unseaworthy.

(2) Where a ship is detained under subsection (1)

(a) a written statement of the grounds of the detention shall immediately be served on the master or owner of the ship;

(b) in the case of a foreign ship, a copy of the order shall immediately be served on the consular officer of the country to which the ship belongs and where there is no such consular officer in this country on the consular officer in the country nearest to the port in which the ship is detained;

(c) the Director-General may appoint a competent person to survey the ship and submit a report on the survey to the Director-General;

(d) the owner or master of the ship may before a person is appointed under paragraph (c) to survey the ship undertakes the survey, require that person to be accompanied by a person selected by the owner or master from among the assessors of the Court of Survey for the port referred to in section 429;

(e) where the persons appointed to survey a ship agree that the ship is unseaworthy, the Director-General shall cause the ship to be detained or released as the circumstances may require but without prejudice to an appeal under subsection (4), or where they do not agree, the Director-General shall act on the report submitted by the surveyor appointed under subsection (2) (c); and

(f) in the case of a foreign ship, the consular officer referred to in paragraph (b) may, on the request of the owner or master of the ship, require that a person appointed under paragraph (c) to survey the ship undertakes the survey.

(3) The Director-General may on receipt of the report on a ship referred to in subsection (2)

(a) order the ship to be released; or

(b) where in the opinion of the Director-General the ship is unseaworthy, subject to subsection (4), order her to be detained absolutely or until compliance with the conditions with respect to the execution of repairs and alterations, or the unloading or reloading of cargo, or the manning of the ship which the Director-General thinks necessary for the protection of human life, and may vary or add to the order.

(4) Before an order for the final detention of a ship under subsection (3) is made, a copy of the survey report on the ship shall be served on the master or owner of the ship who may appeal in the prescribed manner to the court of Survey constituted under Part Fifteen of this Act.

(5) Where a ship has been temporarily detained under subsection (1), the Director-General may at any time, if the Director-General considers it necessary, refer the matter to the Court of Survey.

(6) The Director-General may at any time, if satisfied that a ship detained under this section is seaworthy, order it to be released on conditions or without any conditions.

340. Supplementary provisions relating to detention of unseaworthy ship

(1) An order varying a temporary or final order for the detention of an unseaworthy ship shall be served as soon as possible on the master or the owner of the ship.

(2) A ship detained under this Act shall not be released because of the Ghanaian registry of the ship being closed.

341. Powers of surveyors regarding detention

(1) A surveyor shall have the same power as the Director-General under section 339 to order the temporary detention of a ship for the purpose of survey or for ascertaining the sufficiency of the ships crew and of appointing a person to survey the ship.

(2) Where a surveyor is satisfied that a ship detained by the surveyor is seaworthy the surveyor may order the release of that ship.

(3) A surveyor detaining a ship under subsection (1) shall immediately report to the Director-General an order made by the surveyor for the detention or release of the ship.

(4) A person who surveys a ship under subsection (2) (c) of section 339 and a surveyor who detains a ship under subsection (1), shall for the purpose of the survey and detention, have the same power as a person appointed by a Court of Survey to survey a ship, which shall include the power to muster the crew of the ship.

342. Liability for costs and damages

(1) Where it appears that there was no reasonable or probable cause, by reason of the condition of a ship or the act or default of the owner, for the temporary detention of the ship under this Part as an unseaworthy ship, the Director-General is liable to pay to the owner of the ship

(a) the costs incidental to the detention and survey of the ship, and

(b) compensation for the loss or damage sustained by the owner because of the detention or survey.

(2) Where a ship detained temporarily or otherwise under this Act, was at the time of the detention unseaworthy, the owner of the ship is liable to pay to the Director-General the costs incidental to the detention and survey of the ship.

(3) These costs are, without prejudice to any other remedy, recoverable in the same manner as salvage is recoverable.

(4) For the purposes of this Act, the costs and incidental expenses to the proceedings before the Court of Survey, and a reasonable amount in respect of the remuneration of the person appointed as surveyor under subsection (2) (c) of section 339 or a person appointed to represent the Director-General, are part of the costs of the detention and survey of the ship.

(5) A dispute as to the amount of the costs of the detention and survey of a ship may under this Part be referred to a Court which shall on the request of the Director-General, ascertain and certify the proper amount of the costs.

343. Power to require complainant to give security for costs

(1) Where a complaint is made to the Director-General or a surveyor that a ship is unseaworthy, the complainant may be required to give security to the satisfaction of the Director-General or surveyor for the costs and compensation which the complainant may become liable to pay under subsection (3).

(2) The security referred to in subsection (1) shall not be required where the complaint relating to a ship

(a) is made by at least three of the seafarers belonging to the ship, and

(b) is not in the opinion of the Director-General or surveyor frivolous or vexatious, but the Director-General or surveyor shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained.

(3) Where a ship is detained in consequence of a complaint under subsection (1), and under circumstances where the Director-General is liable under section 342 to pay to the owner of the ship the costs or compensation, the complainant is liable to pay to the Authority the costs and compensation the Authority incurs or is liable to pay in respect of the detention and survey of the ship.

344. Survey of ship alleged by seafarers to be unseaworthy

(1) Where in proceedings against a seafarer of a ship for the offence of desertion or absence without leave it is alleged by one-fourth, or if their number exceeds twenty by at least five of the seafarers belonging to the ship

(a) that the ship is by reason of unseaworthiness, overloading, improper loading, defective equipment, undermanning or any other reason, not in a fit condition to proceed to sea, or

(b) that the crew accommodation in the ship is insufficient or does not comply with the requirements imposed by the Regulations, the seafarer may apply to a Court for a survey of the ship and the Court having cognisance of the case shall take measures to satisfy itself about the truth of the allegation, and for that purpose

(c) shall receive the evidence of the person making the allegation,

(d) may summon any other witness whose evidence it considers desirable to hear, and

(e) shall before adjudication cause the ship to be surveyed.

(2) A seafarer charged with desertion or with absence from the seafarer’s ship without leave does not have a right to apply for a survey under this section unless the seafarer has, before leaving the ship complained to the master about the circumstances alleged by the seafarer to justify a survey of the ship.

345. Court’s discretion to appoint surveyors

(1) For the purposes of section 344 the Court may appoint

(a) a surveyor qualified under this Act, or

(b) if a surveyor qualified under this Act cannot be found without unreasonable expense or delay, or is in the opinion of the Court not competent to deal with the special circumstances of the case, any other impartial surveyor who does not have an interest in the ship, her freight or cargo, to survey the ship and the subject of the allegation and to answer the questions concerning the ship which the Court considers fit to ask.

(2) A surveyor appointed under subsection (1) to survey a ship shall survey the ship and make a written report on it to the Court.

(3) On receipt of the report under subsection (2), the Court shall

(a) communicate the report to the parties, and

(b) unless the opinion expressed in the report is proved to the satisfaction of the Court to be erroneous, determine the question before it in accordance with the report.

(4) A person who carries out a survey of a ship under this section shall have for that purpose all the powers of a surveyor under this Act.

346. Cost of survey

(1) The cost of a survey of a ship conducted under section 345 shall be determined by the Authority according to the prescribed scale of fees.

(2) Where it is proved that a ship surveyed under section 344 is in a fit condition to proceed to sea, or that the accommodation in the ship is sufficient or complies with the prescribed requirements of the ship, the cost of the survey shall be paid by the person on whose demand or in consequence of whose allegation the survey was made.

(3) The cost may be deducted by the master or owner of the ship from the wages payable or that may become due to that person, and shall be paid to the Authority.

(4) Where it is proved that the ship is not in a fit condition to proceed to sea, or that the accommodation in the ship is not sufficient or does not comply with the prescribed requirements, the master or owner of the ship shall pay the costs of the survey to the Authority, and in addition, is liable to pay to the seafarer who has been charged in the proceedings referred to in section 344 the compensation that the Court may award.

PART ELEVEN
Wrecks and Salvage Wrecks
347. Powers of principal receiver and receivers of wreck

(1) The Principal Receiver of Wreck shall exercise general direction and supervision over the matters relating to a receiver of wreck, wreck and salvage.

(2) The Director-General may designate a person to be a receiver of wreck in a specified area and to perform the functions of a receiver of wreck under this Part.

(3) When a receiver is absent, the following officers or persons each in succession in the absence of the other, may do anything authorised to be done by the receiver under this Part:

(a) an officer of Customs, Excise and Preventive Service, or

(b) any police officer.

(4) An officer acting under subsection (3)

(a) shall, with respect to goods or articles which belong to a ship, which are required under this Part to be delivered to a receiver, be considered the agent of the receiver;

(b) shall place the goods and articles in the custody of the receiver;

(c) is not entitled to the fees payable to a receiver; and

(d) shall not be deprived of a right to salvage to which the officer would other-wise be entitled.

348. Fees of receiver

(1) A receiver shall be paid the expenses properly incurred by the receiver in the performance of the receiver’s functions and the fees in respect of other matters as may be prescribed.

(2) A receiver shall in addition to any other rights and remedies for the recovery of the expenses and fees referred to in subsection (1), have the same rights and remedies as a salver has in respect of salvage.

(3) Where a dispute arises as to the amount payable to a receiver in respect of expenses or fees, the dispute shall be determined by the Director-General.

(4) Fees received by a receiver in respect of the services performed by the receiver, shall be accounted for to the Director-General, and shall be applied in defraying the expenses duly incurred.

349. Duty of receiver where ship is in distress

(1) Where a vessel is wrecked, stranded or in distress in Ghanaian waters or on the shores of Ghana, the receiver for the area shall on being made aware of the circumstances, immediately go to the place, and on arrival take command of the persons present, and assign duties and give directions to each person present which the receiver thinks fit for the preservation of the vessel and of the lives of persons, the vessel, the cargo and apparel on the ship.

(2) A person who, without reasonable excuse, wilfully disobeys the directions of the receiver commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment.

(3) A provision of this section shall not be construed to authorise the receiver to interfere in a matter arising between the master and crew of the vessel concerning the management of the vessel, unless the receiver is requested to do so by the master.

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button
Close
Close