Section 1
These Regulations may be cited as the Merchant Shipping
(Licensing of Shipbuilders) Regulations, 1988 and shall come into operation on the 1st day of March 1988.
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Merchant Shipping (Licensing of Shipbuilders) Regulations, 1988 is Brunei Subsidiary Legislation, cited as Subsidiary Legislation S23 1988, currently marked in force and first recorded in 1988.
Definitions.
No. S 23
MERCHANT SHIPPING ACT
(CHAPTER 145)
MERCHANT SHIPPING (LICENSING OF SHIPBUILDERS)
REGULATIONS, 1988
Opening note
These Regulations may be cited as the Merchant Shipping
(Licensing of Shipbuilders) Regulations, 1988 and shall come into operation on the 1st day of March 1988.
In these Regulations, unless the context otherwise requires -
"Act" means Merchant Shipping Act, Cap. 145 ;
"authorised officer" means an officer appointed under
Section 4( 1) of the Ports Act, Cap. 144 authorised by the
Director to issue a licence ;
''Director'' means Director of Marine ;
"licence" means a licence issued under these Regulations ;
"licensee" means -
If it is made to appear to a magistrate by information upon oath that there is reason to believe that an qffence against these
Regulations is being committed in any place, the magistrate may issue a warrant authorising any police officer to enter and search such place and to arrest such persons and to seize such documents and things as may be found therein.
Every person who contravenes any provision of these Regula-tions or who fails to observe any condition or restriction imposed by or under these Regulations shall be deemed to commit an offence against these Regulations.
Every person who commits or attempts to commit any offence against these Regulations shall be guilty of an offence : Penal-ty, a fine not exceeding $5,000.
Notwithstanding the provisions of any written law to the con-trary the Court of a Magistrate shall have jurisdiction to try any of-fence under these Regulations and to award the full penalty for such offence.
Grant of licence, revocation and appeals.
Search warrants.
Offences.
Penalty.
Where an agent or servant, in the course of his employment,
Servants and does or omits to do an act the doing of which or omission to do which agents.
by his principal or employer would be an offence against these
Regulations he shall be guilty of that offence, and, where it is proved that such act or omission was committed with the consent or con-nivance of, or is attributable to any neglect on the part of, his principal or employer, such principal or employer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punish-ed accordingly.
189
Application for a licence.
Requirement for further in-formation.
Form and conditions of licence.
Fees and duration of licence.
in relation to any licenced shipyard, the holder of such a licence relating to such licenced shipyard ;
"Minister" means Minister of Communications ;
"register" means a register of licences kept by the Director pursuant to these Regulations ;
"ship" has its meaning assigned to it in the Act ;
"shipbuilder" means any person who conducts the trade, business or occupation of shipbuilding ;
"shipyard" includes any premises, building, erection, vessel, room or defined or enclosed area where the trade, business or occupation of shipbuilding is carried on ;
188
15th. OCTOBER, 1988 3.
No person shall become a shipbuilder or open or keep open a shipyard except under and in accordance with a licence under these
Regulations, provided that shipbuilders working for and shipyards belonging to the Government shall be exempted from the requirement of this paragraph of this Regulation.
No person shall sell, provided or import any ship for use in the waters of Brunei Darussalam except under and in accordance with a licence under these Regulations.
The Director may revoke a licence granted to any person on proof of his satisfaction of an offence against these Regulations or other misconduct by such person.
An appeal shall lie to the Minister from the decision of the
Director under this Regulation.
An application for a licence under the provisions of Regula-tion 3(1) shall be made in writing in the form as may be prescribed by the Director and shall be accompanied by such particulars as may be required by the Director including a sketch plan showing the com-plete layout and boundaries of any place sought by the applicant to be a licensed shipyard.
An application for a licence under the provisions of Regula-tion 3(2) shall be made in writing in the form as may be prescribed by the Director and shall be accompanied by such particulars as may be required by the Director to determine the suitability of the ship for the purpose it is intended for.
Such application forms as mentioned in paragraph (1) and (2)
of this Regulation shall, when completed, be signed -
where the applicant is an individual, by the applicant or his duly constituted attorney ;
by all the individuals who are partners or their duly constituted attorneys and by a director or the secretary of all corporations which are partners ; or
by some individual who is a partner or his attorney or a director or the secretary of some cor-poration which is a partner.
At any time prior to the determination of the application under Regulation 8, the Director or an authorised officer may require the applicant to furnish such further information in writing as the
Director or such officer may consider material to the application.
A licence shall be signed by an authorised officer in the form set out in the First Schedule and, subject to these Regulations, shall be subject to such conditions as may be imposed by the Director. Such conditions shall be endorsed on the back of the licence.
a search or inspection of the particulars entered in the register,
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15th. OCI'OBER, 1988
a certified copy of the particulars entered in the register or any other document, and
a change of particulars to be entered in the register, shall be set out in the Second Schedule.
A licence shall, unless previously cancelled, be valid for a period of 12 months or such shorter period of time as the Director may determine.
Shipyards belonging to the Government shall be exempted from payment of any fees set out in this Regulation.
No licensee shall transfer his licence to any other person.
The Director shall keep a register of all licences issued by him or by an authorised officer, and shall enter in such register the number of the licence, the name and address of the licensee, the pur-pose for which any licence is granted, the location of any licenced shipyard, the date of issue and expiry of the licence, and such other particulars as may be determined by the Director.
Every licensee shall at all reasonable times produce his licence if required to do so by the Director or an authorised officer.
Every licensee shall surrender his licence to the Director or an authorised officer upon the expiration of the period for which the licence is granted or on the cancellation of the licence.
Licence not to be transferred.
Register.
Licence to be displayed, produced or surrendered.
The Director or any authorised officer may at any time enter
Inspection.
and inspect a licensed shipyard and question the licensee and his employees as is deemed necessary.
The provisions of these Regulations shall be in addition to and
Other not in derogation of the provisions of any other written law relating to regulations.
or affecting any place, trade, business, occupation or act with respect to which these Regulations apply.
Notwithstanding anything contained in these Regulations a
Transitional person who immediately before the date of commencement of these provisions.
Regulations was a shipbuilder or was keeping open a shipyard or was selling, providing or importing a ship shall be entitled to be or do the same without a licence -
191
for a period of 6 months beginning from the date of com-mencement of these Regulations ; and
if before the expiration of that period he applies for a licence in respect of the same, until the licence is granted or finally refused or the application is withdrawn.
Made this 1st day of March, 1988.
BY COMMAND
PEHIN ORANG KAYA LAlLA WIJAYA
DATO SERI SETIA A WANG HAJI ABDUL AZIZ UMAR
Minister of Communications,
Brunei Darussalam.
FIRST SCHEDULE
(Regulation 10)
FORM OF LICENCE
THE MARINE DEPARTMENT
MINISTRY OF COMMUNICATIONS
BRUNEI DARUSSALAM
15th. OCTOBER, 1988
The Merchant Shipping (Licensing of Shipbuilder)
Regulations, 1988
(Regulations 10)
LICENCENO ......................................................................................... .
Subject to the provisions of the above-mentioned Regulations, the Director of
Marine hereby licences the Licensee named in the Schedule below for the purpose, at the location (if any), from the date of issue until the date of expiry and subject to the conditions (if any) specified in the Schedule below.
1.
Name and address/registered office/Identity Card Number of Licence :
2. Purpose for which Licence is issued: ............................................................... .
3. Location of Licensed shipyard (if any) :
····························································································································
····························································································································
4. Date of Issue : ............................................ ..................................... · .. · · · · · ·. · · · · · ·
5. Date of Expiry: ............................. ................................................................ .
6. Conditions (if any) : Endorsed on back of this Licence.
(Authorised officer)
SECOND SCHEDULE
(Regulation 11(1))
1.
FEES
Fee for each application of a licence.........
$
5.00 2.
Fees for a licence as a shipbuilder or a shipyard:-
If the shipbuilder or shipyard is capable of building a ship of up to 25 gross tons ...................................
$
25.00 per annum
If the shipbuilder or shipyard is capable of building a ship of up to 100 gross tons .................................
$
50.00 per annum
If the shipbuilder or shipyard is capable of building a ship of over 100
gross tons .......................................
$ 100.00 per annum
3. Fees for other services :-
(a)
for a search or inspection of the par-ticulars entered in the register...........
$
5.00
for a certified copy of the particulars entered in the register .. .. .. .. .. .. .. .. .. .. .
$
5.00
(c)
for a change of particulars entered in the register .. .. .. .. .. .. .. ...... .... .. .. .. .... .. .
$
5.00
for every certified copy of a docu-ment ..............................................
$
5.00 194
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