Legislation

SAMSA’s regulatory framework output is delivered largely through the work of the legal unit; the unit’s main subsidiary outputs being rules and standards development and regulatory legal support. The unit’s two permanent staff deliver these outputs.

For most of the year the unit’s head acted as CEO, which adversely affected the unit’s capacity to meet certain targets, notably the overhaul of technical and operational standards for fishing vessels (the Torremolinos Convention project). Nevertheless, the unit was still able to substantially meet its main output targets.

The unit continued to support the organisation’s maritime safety and marine environment protection standards setting and compliance monitoring programmes by contributing towards a number of legislative and guidance measures, including measures covering:

  • Ship mortgage ranking (as part of the tonnage tax initiative
  • Being led by Treasury);
  • Shipowner limitation;
  • Maritime labour standards;
  • Seafarer qualifications;
  • Stevedore occupational safety;
  • Safety of containers used in maritime transport;
  • Small boat safety standards, particularly for inland waters;
  • Casualty investigation; and
  • Ship technical and operational standards.

In addition to delivering two new draft Bills covering maritime labour standards (arising from the adoption of the Consolidated Maritime Labour Convention 2006) and casualty investigation, the unit has continued to promote (through further consultation and technical refinement) the following draft Bills:

  • Admiralty Jurisdiction Regulation Amendment Bill;
  • Merchant Shipping (International Oil Pollution Compensation Fund) Bill;
  • Merchant Shipping (International Oil Pollution Compensation Fund) (Contributions) Bill;
  • Merchant Shipping (Civil Liability Convention) Bill;
  • Merchant Shipping and Ship Registration Amendment Bill;
  • Merchant Shipping (Safe Containers Convention) Bill;
  • Merchant Shipping Amendment Bill; and
  • South African Maritime Safety Authority Amendment Bill.

Apart from these proposed Parliamentary measures, the unit also delivered the following six new draft subordinate measures:

  • The Merchant Shipping (National Small Vessel Safety)Regulations
  • The Merchant Shipping (Consolidated Maritime Labour Convention) Regulations;
  • The Merchant Shipping (Recruitment and Placement of Seafarers) Regulations;
  • The Merchant Shipping (Consolidated Maritime Labour Convention Consequential Amendments) Regulations;
  • The Merchant Shipping (Miscellaneous Amendments) Regulations; and
  • The Courts of Marine Enquiry Amendment Regulations.

In addition, the unit has continued to promote (through further consultation and technical refinement) the following draft subordinate measures:

  • The Merchant Shipping (Civil Liability Convention) Regulations;
  • The Merchant Shipping (International Oil Pollution Compensation Fund) Regulations;
  • The Merchant Shipping (International Oil Pollution Compensation Fund) (Contributions) Regulations;
  • The Marine Pollution (Control and Civil Liability) Regulations;
  • The Merchant Shipping (Seafarer Accident Insurance) Regulations;
  • The Merchant Shipping (Safe Containers Convention) Regulations;
  • The Merchant Shipping (Training and Certification) Amendment Regulations (No. 1);
  • The Merchant Shipping (Safe Manning) Amendment Regulations (No. 1);
  • The Ships’ Officers’ Medical Training Amendment Regulations;
  • The Merchant Shipping (Training and Certification) (Fishing and Marine Motorman Qualifications) Regulations, together with its related amendments to the Code for South African Maritime Qualifications;
  • The Merchant Shipping (Training and Certification) Amendment Regulations (No. 2);
  • The Merchant Shipping (Safe Manning) Amendment Regulations (No. 2);
  • The Maritime Occupational Safety Amendment Regulations, together with its related Code of Safe Working Practice for Ships Working Cargo in South African Ports.

The unit has continued to provide specialist assistance to the Department of Transport in several areas, most notably at the International Maritime Organisation, where unit staff participated at the LEG.91 and LEG.92 sessions.

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