CHAPTER 466
INLAND WATERS SHIPPING ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
SURVEY AND REGISTRATION OF VESSELS

   3.   Application of Part II

   4.   Vessels to be surveyed and registered

   5.   Survey of vessels

   6.   Ports of registry

   7.   Registration of vessels

   8.   Duration and renewal of certificates of registration

   9.   Amendments in certificates of registration and register

PART III
INLAND WATERS AND INTERNATIONAL ARRANGEMENTS

   10.   Declaration of inland waters

   11.   Agreement with certain other countries

   12.   Power to suspend provisions inconsistent with treaties

PART IV
SURVEYORS AND INQURIES

   13.   Powers of inspection and unsafe vessels

   14.   General powers of surveyors and police officers

   15.   Removal of wreck by surveyor

   16.   Duties of surveyors in relation to surveys

   17.   Inquiries as to shipping casualties

PART V
GENERAL PROVISIONS

   18.   Appointments by the Minister

   19.   Duty to give information

   20.   Damage to navigation marks

   21.   Certain provisions as to legal proceedings

   22.   Ensign to be prescribed

   23.   Offences and penalties

   24.   Regulations

   25.   Savings

   26.   Repeal of certain provisions of the Merchant Shipping Act, 1894, of the United Kingdom

AN ACT

to make provision for the survey, registration and safety of certain vessels used on inland waters of Zambia, for the safety of passengers and cargo, for the competency of masters and crews and for matters incidental thereto.

[3rd November, 1961]

Act 34 of 1960,

Act 13 of 1961,

Act 13 of 1994.

GN 249 of 1964,

GN 497 of 1964.

SI 155 of 1965.

PART I
PRELMINARY

1. Short title

This Act may be cited as the Inland Waters Shipping Act.1

2. Interpretation

In this Act, unless the context otherwise requires—

“appointed date” means the 1st January, 1964;

“certificate of registration” means a certificate of registration issued in terms of section 7;

“crew” includes any person employed in a vessel other than the master;

“fishing vessel” means a vessel whose measurement is less than five tons, in whatever way propelled, which is for the time being employed for the purposes of fishing for profit and which does not carry persons other than the master and crew necessary for such purposes;

“harbour” means a place or area designated as a harbour by the Minister in terms of section 24;

“home port” means the place at which a vessel is habitually kept when not on voyage;

“inland waters” means such waters as may be declared to be inland waters by the President in terms of section10;

“master” means the person having command or charge of a vessel;

“navigation mark” includes any beacon, buoy, light, notice and any other mark or aid to navigation provided for the purposes of this Act;

“owner” includes, in the case of a vessel which is the subject of a hire-purchase agreement, the person in possession of the vessel in terms of that agreement;

“passenger” includes every person carried in a vessel other than the master or crew thereof;

“registrar of vessels” means a registrar of vessels appointed by the Minister in terms of section 6;

“surveyor” means any person appointed by the Minister as a surveyor of vessels in terms of section5;

“surveyor's certificate” means a certificate issued by a surveyor in terms of section 5;

“ton” means the unit of measurement of the tonnage of a vessel ascertained in the manner prescribed;

“vessel” includes every description of water craft used or capable of being used as a means of transportation on water.

[S 2 am by GN 249 of 1964.]

PART II
SURVEY AND REGISTRATION OF VESSELS

3. Application of Part II

   (1) Subject to the provisions of sub-section (3), the provisions of this Part shall apply to every vessel used on inland waters which is used for hire or reward or whose measurement exceeds such tonnage, being not less than five tons, as may be prescribed.

   (2) For the purposes of sub-section (1), a vessel shall be deemed to be used for hire or reward if she is used in return for payment or material advantage on one or more occasions, whether or not the vessel is used without the services of a master or crew.

   (3) Itshall be exempted from the provisions of this Part—

      (a)   a vessel operated by the Government which is not ordinarily used for the carriage of members of the public or their goods;

      (b)   a vessel used for hire or reward which is less than twenty five feet in length overall and which is not propelled by machinery or sails;

      (c)   a fishing vessel;

      (d)   such other vessels or classes of vessels as may be prescribed.

[S 3 am by GN 249 of 1964.]

4. Vessels to be surveyed and registered

From and after a date to be notified by the Minister by statutory notice in respect of any inland waters which he may specify, no person shall use or permit to be used on any inland waters so specified a vessel to which the provisions of this Part apply unless-

      (a)   she has been surveyed and registered in accordance with the provisions of this Act; and

      (b)   there is in force in respect of such vessel a valid certificate of registration.

[S 4 am by GN 249 of 1964.]

5. Survey of vessels

   (1) Before an application for registration of any vessel is made, she shall be surveyed in accordance with the provisions of this Act.

   (2) For the purposes of this Act, the Minister shall by Gazette notice appoint a surveyor for each port of registry, and an application for the survey of a vessel shall be made by the owner of the vessel in the form and manner prescribed to a surveyor at a port of registry on the inland waters on which the home port of the vessel is situated.

   (3) After receipt of an application in terms of sub-section (2), the surveyor concerned shall survey the vessel for the purpose of determining—

      (a)   whether the vessel is seaworthy;

      (b)   whether she is equipped in accordance with the provisions of this Act;

      (c)   her description, tonnage, dimensions, name and method of propulsion;

      (d)   the geographical limits or areas of inland waters outside which the vessel may not be used having regard to her construction, suitability for navigation and safe operation;

      (e)   the maximum number of passengers and the maximum quantity of cargo to be carried therein;

      (f)   the crew to be carried therein and standards of competency to be attained by members of such crew;

      (g)   such further matters as may be prescribed.

   (4) On completion of his survey in terms of sub-section (3) the surveyor shall, if he is satisfied that the vessel is seaworthy and is equipped in accordance with the provisions of this Act, issue a certificate in such form as may be prescribed, setting out the information and his opinion relating to the matters referred to in sub-section (3).

   (5) Where a surveyor, in the course of a survey in terms of sub-section (3), finds a vessel to be unseaworthy or to lack equipment required in terms of this Act, he shall make a full list in writing of all such defects and shall give a copy thereof to the owner of the vessel and shall notify him of the date by which the vessel may be produced for further examination, and after all such defects are subsequently remedied to the satisfaction of the surveyor concerned, he shall issue a certificate in accordance with the provisions of sub-section (4).

   (6) A surveyor's certificate shall be valid for such period as may be prescribed.

[S 5 am by GN 249 of 1964.]

6. Ports of registry

   (1) For the purposes of this Act the Minister shall, by Gazette notice, appoint ports of registry and shall appoint a registrar of vessels for each such port.

   (2) Every registrar of vessels shall, in respect of the port of registry for which he is appointed, maintain in the form and manner prescribed a register of vessels registered at that port.

[S 6 am by GN 249 of 1964.]

7. Registration of vessels

   (1) An application for registration of a vessel shall be made by the owner in the form and manner prescribed to a registrar of vessels at a port of registry on the inland waters on which the home port of the vessel is situated and, unless otherwise prescribed, such application shall be accompanied by a valid surveyor's certificate.

   (2) No person shall be registered as the owner of a vessel until he has made a declaration as to his ownership of the vessel in question and, in respect of vessels of such class as may be prescribed, has included in such declaration a statement of the name and address of any person or persons who will have command or charge of such vessel as master.

   (3) As soon as the requirements of this Act preliminary to registration have been complied with, the registrar of vessels to whom application for registration has been made shall enter in the register of vessels for his port-

      (a)   where applicable, the details comprised in the surveyor's certificate;

      (b)   the name and address of the registered owner;

      (c)   where applicable, the name and address of the master;