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Legislation

Shipping Legislation

NOTE: Several of the Acts outlined in this site are available for download in PDF format from the Bahamas Compliance Commission. To visit their website click here. The link will be open a new browser window. To return to the BFSB site, simply close the new window.

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY CORPORATE TO BE KNOWN AS THE BAHAMAS MARITIME AUTHORITY, AND FOR THE FUNCTIONS RELATING TO THAT AUTHORITY AND TO MAKE PROVISION IN RESPECT OF MATTERS CONNECTED THEREWITH OR ANCILLARY THERETO
The Bahamas Maritime Authority Act - Date of Assent: 21st June, 1995

Section 1 Short Title
Section 2 Interpretation

Part 1 - Constitution, Composition and Functions of the Authority

Section 3 Establishment (Schedule)
Section 4 Appointment of Director & Deputy Director
Section 5 Functions of the Authority
Section 6 Powers of the Authority
Section 7 Relations Between the Minister and the Authority

Part II - Financial Provisions

Section 8 Authority to Meet Expenditures out of Revenue
Section 9 Powers to Borrow Capital
Section 10 Advances of Guarantee of Borrowings by the Bahamas
                Government
Section 11 Repayment and Interest on Advances and Sums Issued to
                Meet Guarantee
Section 12 Application of Surplus Funds
Section 13 Annual Budget
Section 14 Accounts and Audit
Section 15 Annual Report

Part III - Transfer of Certain Assets to the Authority

Section 16 Transfer of Assets to the Authority
Section 17 Construction of Laws, Contracts, etc. Relating to
                Transferred Assets
Section 18 Transitional Provisions

Part IV - Officers and Employees of the Authority

Section 19 Transfer of Public Officers
Section 20 Offer of Permanent Employment to Public Officers

Schedule

Provisions Relating to the Incorporation and Other Related Matters of The Bahamas Maritime Authority:

A Body Corporate
Chairman and Members
Proceedings
Staff


AN ACT TO MAKE PROVISION FOR THE REGISTRATION OF SHIPS;
FOR THE CONTROL, REGULATION AND ORDERLY DEVELOPMENT OF
MERCHANT SHIPPING; TO MAKE PROVISIONS FOR THE PROPER QUALIFICATION OF PERSONS EMPLOYED IN THE SEA SERVICE;
TO REGULATE THE TERMS AND CONDITIONS OF SERVICE OF PERSONS
SO EMPLOYED; AND FOR MATTERS CONNECTED WITH AND INCIDENTAL TO THE FOREGOING

The Merchant Shipping Act - Commencement: 31st December, 1976

Part I - Preliminary

Section 1 Short Title
Section 2 Interpretation
Section 3 Appointments

Part II - Registration, etc. of Ships

(Registration)

Section 4 Registration of Ships
Section 5 Unregistered Ship Not Recognised
Section 6 Registrars of Bahamian Ships
Section 7 Registers
Section 8 Survey and Measurement of Ships
Section 9 Change of Construction Between Survey
Section 10 Marking of Ship
Section 11 Application for Registration
Section 12 Declaration of Ownership
Section 13 Evidence to be Produced
Section 14 Particulars to be Entered
Section 15 Documents to be Retained by Registrar
Section 16 Port of Registry

(Certificate of Registry)

Section 17 Certificate of Registry
Section 18 Registration and Annual Fees
Section 19 Use of Certificate
Section 20 Penalty for Use of Improper Certificate
Section 21 Power to Grant New Certificate
Section 22 Loss of Certificate
Section 23 Endorsement of Change of Master
Section 24 Endorsement of Change of Ownership
Section 25 Certificate to be Surrendered if Ship Lost or no Longer a
                Bahamian Ship
Section 26 Provisional Certificate
Section 27 Temporary Pass in Lieu of Certificate

(Transfers and Transmissions)

Section 28 Transfer of Ship or Share
Section 29 Registration of Transfer
Section 30 Transmission on Death or Bankruptcy
Section 31 Transfer of Ship or Share by Order of Court
Section 32 Power of Court to Prohibit Transfer

(Mortgages)

Section 33 Mortgage of Ship or Share
Section 34 Discharge of Mortgage
Section 35 Priority of Mortgages
Section 36 Mortgagee Not Treated as Owner
Section 37 Mortgagee Has Power of Sale
Section 38 Mortgage Not Affected by Bankruptcy
Section 39 Transfer of Mortgage
Section 40 Transmission of Interest of Mortgagee on Death or Bankruptcy
Section 41 Registration of Mortgage on Provisional Registration

(Name of Ship)

Section 42 Ships Names

(Registration of Alterations and Registration Anew)

Section 43 Registration of Alterations
Section 44 Alterations Noted on Certificate of Registry
Section 45 Registration Anew on Change of Ownership
Section 46 Procedure for Registration Anew
Section 47 Wrecked Ship May be Registered

(Incapacitated Persons)

Section 48 Infancy or Other Incapacity

(Trusts and Equitable Rights)

Section 49 No Notice of Trusts
Section 50 Equities Not Excluded by Act

(Liability of Beneficial Owner)

Section 51 Liability of Owner

(Managing Owner)

Section 52 Ships Managing Owner to be Registered

(Declarations, Inspection of Register and Fees)

Section 53 Powers of Registrar to Dispense with Evidence
Section 54 Inspection of Register and Admissibility of Documents
Section 55 Fees

(Forms)

Section 56 Forms of Documents
Section 57 Instructions to Registrars

(Forgery and False Declarations)

Section 58 Forgery of Documents
Section 59 False Declarations

(Nationality and Flag)

Section 60 Nationality and Flag of Ship to be Declared Before Clearance
Section 61 National Colours
Section 62 Penalty

(Measurement of Ship and Tonnage)

Section 63 Rules for Ascertaining Tonnage
Section 64 Tonnage Once Ascertained to be Tonnage of Ship
Section 65 Tonnage of Ship of Foreign Country Adopting Tonnage
                Regulations
Section 66 Appointment of Surveyors

Part III - Master and Seaman

(Certificates of Competency)

Section 67 Ship to be Provided with Certificated Officers
Section 68 Grades of Certificates of Competency
Section 69 Examination For Certificates of Competency, and Foreign
                Certificates
Section 70 Offences Relating to Certificates of Competency
Section 71 Record of Certificates of Competency
Section 72 Loss of Certificate
Section 73 Master to inform Registrar of Officers on Board Ship
Section 74 Prohibition of Going to Sea Under manned
Section 75 Production of Certificate and Documents of Qualification
Section 76 Use of English Language
Section 77 Crews Knowledge of English

(Apprenticeship to the Seas Service)

Section 78 Signature of Contracts and Indentures
Section 79 Records to be Kept by Registrar

(Engagement of Seamen)

Section 80 Crew Agreement
Section 81 Contents of Crew Agreement
Section 82 Crew Agreement of Foreign-Going Ship
Section 83 Further Provision as to Crew Agreement

(Employment of Children and Young Persons as Seamen)

Section 84 Employment of Children and Young Persons

(Certification of Seamen)

Section 85 Certificate of Competency

(Discharge of Seamen)

Section 86 Certificate of Discharge
Section 87 Report of Seaman's Character

(Payment of Wages)

Section 88 Time and Manner of Payment
Section 89 Master to Deliver Account of Wages
Section 90 Deductions
Section 91 Settlement of Wages
Section 92 Registrar's Decision as to Wages
Section 93 Registrar may Require Ship Papers
Section 94 Rate of Exchange

(Advance and Allotment of Wages)

Section 95 Conditional Agreements
Section 96 Allotment Notes
Section 97 Facilities for Remitting Wages
Section 98 Recovery of Sums Allotted

(Rights of Seamen in Respect of Wages)

Section 99 Commencement of Right to Wages
Section 100 Right to Wages and Salvage not to be Forfeited
Section 101 Wages Not to Depend on Freight
Section 102 Wages where Service Terminated
Section 103 Refusal to Work
Section 104 Illness Caused by Default
Section 105 Costs of Procuring Conviction
Section 106 Compensation for Improper Discharge
Section 107 No Attachment or Sale of Wages

(Vacation Leave and Public Holidays)

Section 108 Leave and Public Holidays

(Mode of Recovering Wages)

Section 109 Seamen May Sue for Wages
Section 110 Restriction of Jurisdiction of Supreme Court
Section 111 Master's Remedy for Wages and Expenses

(Power of Court to Rescind Contracts)

Section 112 Power of Court to Rescind Contracts

(Property of Deceased Seamen)

Section 113 Property of Deceased Seamen
Section 114 Delivery of Property of Deceased Seamen
Section 115 Forgery of Document to Obtain Property of Deceased
                Seamen

(Provisions, Health and Accommodation)

Section 116 Complaint as to Provisions or Water
Section 117 Allowance for Short or Bad Provisions
Section 118 Weights and Measurements to be Kept
Section 119 Regulations as to Medical Examination and Cooking
Section 120 Regulations Respecting Crew Accommodations
Section 121 Ship to Carry Certificated Cook
Section 122 Scales of Medical Stores
Section 123 Expenses of Medical Treatment, etc.
Section 124 Medical Practitioner to be Carried

(Facilities for Making Complaints)

Section 125 Facilities for Making Complaints

(Protection of Seamen from Imposition)

Section 126 No Assignment or Sale of Salvage
Section 127 Seaman's Debts

(Discipline)

Section 128 Misconduct Endangering Life of Ship
Section 129 General Offences Against Discipline
Section 130 Conviction Not to Affect Other Remedies
Section 131 Desertion and Absence Without Leave
Section 132 Improper Negotiation of Advance Note
Section 133 Certificate of Discharge May be Withheld
Section 134 False Statement as to Last Ship or Name
Section 135 Deserters from Foreign Ships
Section 136 Offences to be Entered in Official LogBook
Section 137 Proof of Desertion in Proceedings for Forfeiture of Wages
Section 138 Application for Forfeiture
Section 139 Question of Forfeiture Decided in Suit for Wages
Section 140 Deduction of Fine from Wages
Section 141 Persuading Seamen to Desert, and Harbouring Deserter
Section 142 Penalty on Stowaways

(Official Log Books)

Section 143 Official LogBook
Section 144 Entries in Official LogBook
Section 145 Delivery of Official LogBook
Section 146 Penalty for Improperly Kept Official LogBook

(Returns and Delivery of Documents)

Section 147 List of Crew
Section 148 Documents to be Handed Over on Change of Master
Section 149 Returns of Births and Deaths

(Relief and Repatriation of Distressed Seamen and Seamen Left Behind Abroad)

Section 150 Owner Responsible for Return of Seamen Left Behind at a Port Other
than the Port of Engagement
Section 151 Wages and Effects of Seamen Left Behind
Section 152 Certificate of Discharge Abroad
Section 153 Return of Seamen on Termination of Service
Section 154 Discharge of Seamen on Change of Ownership
Section 155 Certificate Required When Seamen Left Behind at Foreign Port
Section 156 Account of Wages Where Seamen Left Behind
Section 157 Payment of Wages of Seamen Left Behind
Section 158 Application of Wages of Seamen Left Behind
Section 159 Relief of Distressed Seamen
Section 160 Repayment of Expenses of Relief and Return
Section 161 Forcing Ashore
Section 162 Proper Return Port
Section 163 Manner of Return of Seamen
Section 164 Questions as to Return of Seamen
Section 165 Minister May Assist Distressed

Part IV - Passenger Ships

Section 166 Regulations as to Passenger Ships
Section 167 Offences in Connection with Passenger Ships
Section 168 Ticket to be Issued for Passage

Part V - Safety

(Inspection)

Section 169 Appointment of Inspectors
Section 170 Rights of Inspection
Section 171 Record of Inspections and Certificates

(Application of Safety and Load Line Conventions)

Section 172 Regulations to Give Effect to Conventions
Section 173 Countries to which Conventions Apply

(Inspection for Safety)

Section 174 Initial and Subsequent Surveys of Ships
Section 175 Inspector to Report to Director

(Safety Regulations)

Section 176 Safety Regulations

(Issue of Certificates)

Section 177 Issue of Certificate to Passenger or Cargo Ship
Section 178 Local Safety Certificate
Section 179 Posting of Certificate
Section 180 Issue of Certificates by Other Governments
Section 181 Issue of Certificates to Ship that is not a Bahamian Ship

(Proceeding to Sea)

Section 182 Production of Certificate
Section 183 International Voyage From the Bahamas by Ship to
                Which Safety
Convention Does Not Apply

(General Safety Precautions and Responsibilities)

Section 184 Crew to be Sufficient and Efficient
Section 185 Master to Notify of Hazard to Navigation
Section 186 Distress Signals
Section 187 Obligation to Assist in Distress

(Prevention of Collisions)

Section 188 Method of Giving Helm Orders
Section 189 Collision Regulations
Section 190 Ships to Assist Others in Case of Collision
Section 191 Accident to Bahamian Ship to be Reported

(Load Lines and Loading)

Section 192 Application and Interpretation
Section 193 Load Line Regulations
Section 194 Compliance with Load Line Regulations
Section 195 Submersion of Load Lines
Section 196 Alteration or Defacement of Marks
Section 197 Load Line Certificates
Section 198 Renewal, Duration and Cancellation of Certificates
Section 199 Ship not to Proceed to Sea Without Certificate
Section 200 Certificate to be Displayed and Entered
Section 201 Particulars of Load Line to be Inserted in Agreement with Crew

(Load Line Convention Ships not Registered in The Bahamas)

Section 202 Load Line Certificate of Foreign Convention Ship
Section 203 Inspection of Foreign Convention Ship
Section 204 Certificate of Convention Ship to be Produced to Customs

(Deck Cargo)

Section 205 Deck Cargo Regulations

(Carriage of Grain)

Section 206 Carriage of Grain

(Dangerous Goods)

Section 207 Carriage of Dangerous Goods

(UnSeaworthy Ships)

Section 208 Sending Unseaworthy Ship to Sea
Section 209 Obligation to Secure Seaworthiness of Ships
Section 210 Unseaworthy Ship to be Detained, etc.
Section 211 Liability for Costs and Damages
Section 212 Power to Require from Complainant Security for Costs

(Miscellaneous Matters)

Section 213 Regulations for Protection of Workers Against Accidents
                While Loading or Unloading Ships
Section 214 Marking of Heavy Packages
Section 215 Minister May Exempt from Compliance with Part

Part VI - Wrecks, Salvage and Investigations

(Receiver of Wreck)

Section 216 General Superintendence of Minister
Section 217 Fees and Expenses of Receiver
Section 218 Duties of Receiver
Section 219 Powers of Receiver
Section 220 Passage over Adjoining Lands
Section 221 Immunity of Receiver
Section 222 Obstruction of Receiver

(Dealing with Wreck)

Section 223 Duty of Person Taking Possession of Wreck
Section 224 Concealment of Wreck
Section 225 Notice of Wreck
Section 226 Owner may Claim Wreck Within Six Months
Section 227 Power to Sell Wreck
Section 228 Power to Sell Unclaimed Wreck
Section 229 Discharge of Receiver

(Removal of Wrecks)

Section 230 Removal of Wreck in Port
Section 231 Removal of Wreck

(Salvage)

Section 232 Reasonable Salvage Payable
Section 233 Disputes as to Salvage
Section 234 Where Receiver May Determine Amount of Salvage
Section 235 Costs
Section 236 Valuation of Property
Section 237 Receiver May Seize Property Liable for Salvage
Section 238 Receiver May Sell Detailed Property
Section 239 Voluntary Agreement to pay Salvage
Section 240 Limitation of Time for Salvage Proceedings

(Shipping Casualties, Inquiries and Investigations)

Section 241 Inquiries and Investigations into Shipping Casualties
Section 242 Preliminary Inquiry
Section 243 Formal Investigation
Section 244 Powers of Wreck Commissioner as to Certificate
Section 245 Inquiry into Fitness or Conduct of Officer
Section 246 Re-Hearing and Appeal
Section 247 Delivery of Certificates, etc.
Section 248 Power of Minister to Restore Certificate

Part VII - Limitation and Division of Liability

(Limitation of Liability)

Section 249 Interpretation
Section 250 Limitation of Liability of Ship Owners
Section 251 Power of Court to Consolidate Claims
Section 252 Extension of Limitation of Liability
Section 253 Limitation of Liability of Dock, Canal and Harbour Owners
Section 254 Release of Ship on Giving Security

(Division of Liability)

Section 255 Rules as to Division of Liability
Section 256 Joint and Several Liability
Section 257 Right of Contribution
Section 258 Extended Meaning of "Owners"

Part VIII - Legal Proceedings

(Offences)

Section 259 Contravention of International Conventions
Section 260 Contravention of Regulations
Section 261 General Penalty
Section 262 Limitation of Time
Section 263 Liability of Agents

(Jurisdiction)

Section 264 Jurisdiction in Case of Offences
Section 265 Jurisdiction Over Ship Lying Off Coast
Section 266 Jurisdiction in Case of Offence on Board Ship

(Damage Occasioned by Foreign Ships)

Section 267 Power to Detain Foreign Ship that has Occasioned Damage
Section 268 Conveyance of Offender and Witnesses to The Bahamas

(Reciprocal Jurisdiction and Jurisdiction Over Foreign Ships)

Section 269 Reciprocal Services Relating to Foreign Ships
Section 270 Application of Act to Foreign Ships

(Inquiry into Cause of Death)

Section 271 Inquiry into Cause of Death on Board

(Depositions in Legal Proceedings)

Section 272 Deposition where Witness Cannot be Produced

(Detention of Ship and Distress on Ship)

Section 273 Detention of Ship
Section 274 Ship May be Seized and Sold if Penalty Not paid
Section 275 Distress on Ship for Sums Ordered to be Paid

(Evidence, Service of Documents and Declarations)

Section 276 Proof of Attestation
Section 277 Admissibility of Documents in Evidence
Section 278 Service of Documents

(Protection of Officers)

Section 279 Protection of Officers

(Limitation of Actions in Civil Proceedings)

Section 280 Limitation of Time for Civil Proceedings

Part IX - Maritime Liens

Section 281 Sources of Maritime Liens
Section 282 Priority of Maritime Liens in General
Section 283 Order of Priority of Maritime Liens
Section 284 Possessory Liens
Section 285 Claims to Proceeds of Sale of Ship

Part X - Supplemental

Section 286 Exemption of Government Ships
Section 287 Powers of Inspectors
Section 288 Suspension of Certificate of Registry
Section 289 Forms
Section 290 Exemption from Stamp Duty
Section 291 Exemptions for Limited Period
Section 292 Production of Certificates, etc. to Customs
Section 293 General Power to Make Regulations
Section 294 Transitional

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