Section 1
These Regulations may be cited as the Merchant Shipping
(Manning Scales and Plying Limits) Regulations, 1988, and shall come into operation on the 1st day of March 1988.
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Merchant Shipping (Manning Scales and Plying Limits) Regulations, 1988 is Brunei Subsidiary Legislation, cited as Subsidiary Legislation S22 1988, currently marked in force and first recorded in 1988.
Definitions.
No. S 22
THE MERCHANT SHIPPING ACT
(CHAPTER 145)
THE MERCHANT SHIPPING (MANNING SCALES AND PLYING LIMITS)
REGULATIONS, 1988
Opening note
These Regulations may be cited as the Merchant Shipping
(Manning Scales and Plying Limits) Regulations, 1988, and shall come into operation on the 1st day of March 1988.
In these Regulations unless the context otherwise requires :-
"duly certificated or authorised" means duly certificated, qualified or authorised within the meaning of Part III of the
Act;
"Act" means the Merchant Shipping Act, Cap. 145 ;
"Director" means Director of Marine ;
''foreign-going ship'' includes every ship employed in trading or going between some place or places in Brunei Darussalam and some place or places situated beyond the limits prescrib-ed for a home-trade ship ;
"home-trade ship" means a ship plying solely upon a home-trade voyage ;
"home-trade ship" means a voyage, not being a local trade voyage, within the limits specified in Part A of the First
Schedule;
"local-trade ship" means a ship plying solely upon a local trade voyage ;
"local-trade voyage" means a voyage within the limits specified in Part B of the First Schedule ;
"Minister" means the Minister of Communications ;
"native sailing ship" means any wooden ship of primitive build of less that two hundred tons gross register tonnage and not fitted with any mechanical means of propulsion.
180
15th. OCTOBER, 1988 3.
The Minister may, subject to such terms and conditions he
Exemption.
may impose, exempt any vessel, owner master or crew thereof, from the requirements of any provision of these Regulations.
( 1)
Every foreign-going ship, every home-trade ship and every local-trade ship when going to sea from any place in Brunei
Darussalam shall be provided with duly certificated or authorised of-ficers according to the appropriate scale specified in the Second
Schedule.
Notwithstanding the prov1s10ns of paragraph (1) of this
Regulation, ship plying solely within thirty miles of any port in Brunei
Darussalam may, in lieu of the officers mentioned therein, be provid-ed with officers duly certificated or authorised under these Regula-tions according to the scale specified in the Third Schedule.
The owner and master of every ship required by these
Regulations to have duly certificated or authorised officers, leaving or attempting to leave any port in Brunei Darussalam without having on board, and entered on the registers or articles of agreement, officers possessing the prescribed certificates or authorisations shall be guilty of an offence : Penalty, a fine of $2,000 and the Director may refuse port clearance in case of non-compliance with the provisions of this
Regulation.
The Minister or a person designated by him in that behalf, may declare any officer to be a duly certificated or authorised officer for the purposes of these regulations :-
181
such authorisation shall, subject to such conditions as may be endorsed thereon, be valid for a period of one year only, but may from time to time be renewed in like manner and for a like maximum period,
before making any such declaration as aforesaid, the
Minister or other person designated by him shall satisfy himself that the officer is competent to act as an authorised officer, and
no person shall be issued with such authorisations for a total period of more than three years.
Certificates of
Competency to be held by of-ficers of foreign-going, home-trade and local trade ships.
Penalties.
When officer deemed duly certificated.
Grades of
Certificates of
Competency.
Eye-sight test.
Certificates granted by competent authorities recognised.
Production of certificates of competency to
Director.
Class 1 Marine Officer
Class 5 Marine Officer
Class 1 Marine Engineer Officer
For the purposes of Regulation 6( 1) the certificates referred to in subparagraphs (a) and (b) of paragraph (1) of this Regulation shall be deemed to rank among themselves in the order in which they are mentioned.
No certificate of competency shall be delivered to any person under these Regulations unless and until he has undergone and passed the sight tests from time to time approved in the United Kingdom for the examination of masters and mates in the mercantile marine or such other sight test as may be approved by the Minister.
Every foreign officer who has received a certificate of com-petency granted by a competent authority of his country, which the
Minister is satisfied is of corresponding value to any certificate of competency granted under the Act, shall be deemed to be duly cer-tificated in accordance with these Regulations provided that his cer-tificate is of a grade appropriate to his station or of a higher grade.
on signing the agreement with the crew before the
Director, shall produce to him the certificates of com-petency which the officers of the ship are by these
Regulations required to hold ; and 182
in the case of a running agreement, shall also, before the second and every subsequent voyage, produce to the Director the certificate of competency of any of-ficer then first engaged by him who is required by these Regulations to hold a certificate.
In case the master of any ship fails to comply with the re-quirements of this Regulation, the ship may be detained until the cer-tificates are produced.
( 1)
For the purpose of granting certificates of competency under these Regulations to persons desirous of obtaining such certificates, examinations shall be held at such places and times as the Director may direct.
The Minister may appoint, remove and reappoint examiners to conduct the examinations and may regulate the conduct of all the examinations and the qualification of the applicants, and may do all such acts and things as he thinks expedient for the purpose of the ex-aminations.
Any person who -
makes, assists in making or procures to be made any false representation for the purpose of procuring, either for himself or for any other persons, a cer-tificate of competency ;
fraudulently uses a certificate or copy of a certificate of competency which has been forged, altered, cancelled or suspended, or to which he is not entitl-ed; or
fraudulently lends his certificate of competency, or allows it to be used by any other person, shall be guilty of an offence : Penalty, an imprisonment for a term which may extend to two years or to a fine not exceeding $2,000.
( 1) The Minister in his discretion, may suspend or cancel the cer-tificate of any officer if such certificate was issued in Brunei
Darussalam and if the Minister is satisfied that such officer has been convicted of any offence or if it is reported to him that the Director is satisfied, after such inquiry as the Director deems to be necessary, that such officer has been guilty of any incompetency or negligence in the performance of his duties.
The Minister may in his discretion, at any time direct there-issue and return of any certificate supended or cancelled under sub-paragraph (1). or may direct the grant, in place thereof, of a certificate of the same or a lower grade.
183
l!xaminations for certificates of competency.
Forgery, etc., of certificate of competency.
Power to suspend or cancel cer·
tificates of competency.
First Schedule
(Regulation 2)
Plying Limits
In this Schedule "coast" includes all waters connected therewith navigable by sea-going vessels.
Part A
Home Trades Limits
The limits bound by a line drawn from a position in the Gulf of Martaban in latitude 16° 15' North, longitude 96° 00' East in a south-easterly direction to a position in latitude 15° 00' North, longitude 97° 00' East, thence due South to a position in latitude 09°
00' North, longitude 97° 00' East, thence in a south-westerly direction to a position in latitude 06° 00' North, longitude 94° 00' East, thence due South to a position in 04° 00' North, longitude 94° 00' East, thence in a south-easterly direction to a position in 08° 00' South, longitude 104° 00' East, thence in a easterly direction to a position in latitude 10°
00' South, longitude 120° 00' East, thence due East to a position in latitude 10° 00' South, longitude 125° 00' East, thence due North to a position in latitude 08° 00' North, longitude 125° 00' East, thence due
West to a position in latitude 08° 00' North, longitude 110° 00' East, thence in a 315° direction (N.W. true) to the coast of Vietnam, thence initially westward following the coasts of Vietnam, Cambodia,
Thailand, the Malaysian Peninsula and Burma to the starting point.
Provided that those waters which included the West and
South-West coasts of Sumatra, the South coast of Java and South coasts of the islands lying due East of Java (namely Bali, Lombok, Sumbawa,
Flores and other islands) shall be excluded from these limits between the 15th day of April and the 15th day of October in each year.
Part B
Local Trade Limits
The limits bound by a line drawn from the North Point of
Junk Ceylon Island to the North-West point of a Pulo Weh, thence to the North point of Pulo Bras, thence following the East coasts of Pulo
Bras and Pulo Nasi Besar to Acheen Head on the North coast of
Sumatra, thence along the North and East coasts of Sumatra to the southern entrance of Banka Strait, thence in an easterly direction to
Cape Sambar off the South-West corner of Indonesia Borneo
(Kalimantan Barat) thence following the coast of Indonesian Borneo,
Sarawak, Brunei Darussalam and Sabah in an approximately norther-ly, north-easterly (lnd south-easterly direction to the territorial boun-dary stone on the eastern end of Sibatik Island in a position latitude 04° 10' North, longitude 117° 5~' 14" East, thence in a south-easterly direction for a distance of thirty miles to a position in latitude 030 45'
North, longitude 118° 20' East and returning in the reverse direction with the line forming an imaginery thirty mile-wide corridor along the 184
coast to a position in latitude 03° 13' North, longitude 111° 16' East, thence in a west-north-westerly direction to Cape Datu (Great Natuna
Island) in position latitude 04° 13' North, longitude 108° 15' East, thence in a north-westerly direction to a position on the east coast of
Thailand where it is intersected by the eighth parallel of North latitude, thence, initially, in southerly direction following the coast of the Malaysian Peninsula and the west coast of Thailand back to the starting point.
Second Schedule
(Regulation 4( 1))
PART A
Minimum number of certificated deck officers to be carried 1.
In the case of foreign going ships of less than 1600 gross tons.
2.
In the case of foreign going ships of 1600 gross tons or more.
3.
In the case of home trade ships of less than 1600 gross tons.
4.
In the case of home trade ships of 1600 gross tons or more.
5.
In the case of local trade ships of less than 1600 gross tons.
6.
In the case of local trade ships of 1600 gross tons or more.
A Class 1, a Class 2 and a
Class 5 marine officers.
A Class 1, a Class 2, a Class 3 and a Class 4 marine of-ficers.
A Class 4 and two Class 7
marine officers.
A Class 4, a Class 5 and a
Class 7 marine officers.
A Class 6 and two Class 7
marine officers.
A Class 4, a Class 6 and
Class 7 marine officers.
PART B : Minimum number of certificated engineer officers to be carried 1.
In the case of ships of less than 750 kilowatts registered power.
2.
In the case of ships of 750 or more but under 1500
kilowatts registered power.
185
A Class 4 and a Class 5
engineer officers.
A Class 3, Class 4 and a
Class 5 engineer officers.
3.
In the case of ships of 1500 or mo r e but under 3000
kilowatts registered power.
4.
In the case of ships of 3000
kilowatts or more registered power.
Third Schedule
(Regulation 4(2))
A Class 2, a Class 4 and a
Class 5 engineer officers.
A Class 1, a Class 2, a Class 5 and a Class 6 engineer of-ficers.
PART A
Minimum number of certificated deck officers to be carried 1.
In the case of ship of less than 25 gross tons.
2.
In the case of ships of 25 or more but less than 100 gross tons.
3.
In the case of ships of 100 or more but less than 1600 gross tons.
4.
In the case of ships of 1600
gross tons or more.
A Class 8 marine officer.
A Class 7 marine officer.
A Class 6 and a Class 8
marine officers.
As prescribed by the
Director.
PART B
Minimum number of certificated engineer officers to be carried 1.
In the case of ships of less than 750 kilowatts registered power.
2.
In the case of ships of 750 or more but less than 1500
kilowatts registered power.
3.
In the case of ships of 1500
kilowatts or more registered power.
Made this 1st day of March 1988.
BY COMMAND,
A Class 5 engineer officer.
A Class 4 and a Class 5
engineer officers.
As prescribed by the
Director.
PEHIN ORANG KAYA LAlLA WIJAYA
DATO SERI SETIA A WANG HAJI ABDUL AZIZ UMAR
Minister of Communications
Brunei Darussalam.
186
MERCHANT SHIPPING ACT
(CHAPTER 145)
MERCHANT SHIPPING (LICENSING OF SHIPBUILDERS)
REGULATIONS, 1988
ARRANGEMENT OF REGULATIONS
Regulation
1. Citation and commencement.
PART I
GENERAL
2. Definitions.
3. Grant of licence, revocation and appeals.
4. Search warrant.
5
Offences.
6. Penalty.
7. Servants and agents.
8. Application for a licence.
PART II
LICENCES
9. Requirement for further information.
10. Form and conditions of licence.
11. Fees and duration of licence.
12. Licence not to be transferred.
13. Register.
14. Licence to be displayed, produced or surrendered.
PART III
SUPPLEMENTAL
15. Inspection.
16. Other regulations.
17. Transitional provisions.
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