Belize: Merchant Ships (Registration) Act, 2010 NO. 22 OF 2010 Arrangement of Sections Preliminary
Belize: Merchant Ships (Registration) Act, 2010 NO. 22 OF 2010 Arrangement of Sections Preliminary
NO. 22 OF 2010
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Short title
2. Interpretation
3. Establishment of International Merchant Marine Registry of Belize
4. Belizean ships
5. Registrar of Merchant Shipping
6. Deputy Registrars and Senior Deputy Registrar
PART II
REGISTRATION OF SHIPS
PART IV
TRANSFERS AND TRANSMISSIONS
PART V
REGISTRATION OF PARTICULARS
PART VI
MORTGAGES
PART VII
MARITIME LIENS
PART VIII
BAREBOAT CHARTER REGISTRATION
PART IX
LIMITATION OF LIABILITY FOR MARITIME CLAIMS
PART X
REVOCATION OF REGISTRATION OF A VESSEL
PART XI
FORGERY AND FALSE DECLARATIONS
PART XIII
MISCELLANEOUS
107. Regulations
108. Application of International Conventions
109. Contracts to manage IMMARBE abroad
110. Powers of Inspector
111. Suspension of Certificate of Registry
112. Application of this Act
113. General Maritime Law of England to apply
114. Commencement and repeal
FIRST SCHEDULE
SECOND SCHEDULE
APPENDIX 1
APPENDIX 2
APPENDIX 3
APPENDIX 4
APPENDIX 5
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No. 22] Merchant Ships (Registration) 391
No. 22 of 2010
I assent,
PART I
PRELIMINARY
4. (1) A ship which is not registered under the Act shall Belizean ship.
not be recognized for the purposes of the Act or any
regulations made thereunder as a Belizean ship or as being
entitled to the rights and privileges accorded to Belizean
ships.
PART II
REGISTRATION OF SHIPS
7. (1) Any person of legal age and capacity or the duly Application
for
authorized representative of such person, or a body corporate registration of
(whether established in Belize or elsewhere), may either ships.
directly or through a shipping agent apply to register a vessel
in IMMARBE by submitting an application in the prescribed
form as contained in Appendix I, of the Act, to any of the Appendix I.
offices of IMMARBE, whether within or outside Belize.
11. (1) All vessels under construction may be registered Vessels under
construction.
in IMMARBE in the same manner as provided in Section
400 Merchant Ships (Registration) [No. 22
Use of 18. The certificate of registry shall be used only for the
certificate of
registry. lawful navigation of the ship, and shall not be subject to
detention by reason of any title, lien, charge, or interest
whatsoever.
22. In the event of a registered ship being either actually Loss, etc., of a
registered
or constructively lost, taken by the enemy, burnt or broken ship.
up, or ceasing to be a Belizean ship, the owner of the ship
shall, immediately on becoming aware of the event, give
notice thereof to the Registrar, and the Registrar shall make
an entry thereof in the Register, and the registration of the
ship shall be considered as closed, except insofar as it relates
to any unsatisfied mortgages entered therein.
PART III
Name of ships. 26. (1) The Registrar shall refuse the registration of a
ship by the name by which it is proposed to be registered,
if it is already the name of a registered ship or a name which
is so similar to the name of a registered ship as to be likely
to deceive or mislead.
27. (1) Every ship, after being registered, shall be marked Marking of
ships after
permanently and conspicuously to the satisfaction of the registration.
Registrar as follows:
flag.
408 Merchant Ships (Registration) [No. 22
Unlawful use 29. (1) If any person uses or permits any person to use
of Belize Flag. any flag of Belize on board a foreign ship wherever located
for the purpose of making that ship appear to be a Belizean
ship he shall be guilty of an offence and shall be liable on
summary conviction to the penalties prescribed in Section
102 of the Act.
PART IV
PART V
REGISTRATION OF PARTICULARS
Fees for 37. (1) There shall be paid to IMMARBE the several
registration of
documents
fees set out in the Second Schedule to this Act for the
relating to preliminary and permanent registration of every document
ships.
pursuant to sections 35 and 36 above.
Second
Schedule.
(2) The Minister may from time to time by Order
Second published in the Gazette amend the Second Schedule.
Schedule.
No. 22] Merchant Ships (Registration) 413
(2) Only:-
PART VI
MORTGAGES
Provided that:
Mortgage over 46. For the purpose of section 39 (1) of this Act, “vessel”
vessel under
construction.
includes a vessel under construction and the provisions of
this Part shall apply to such a vessel.
No. 22] Merchant Ships (Registration) 419
Mortgagee not 51. The mortgagee shall not by reason of the mortgage
owner of the be deemed to be the owner of the ship.
ship.
56. Not later than the time of first registration at Vessels subject
to mortgage in
IMMARBE, whether provisional or permanent, the owners previous
of vessels which are subject to registered mortgages in their registry.
previous foreign registry shall deliver evidence in the form
of each mortgagee’s written consent to the transfer of the
vessel from the previous Registry to IMMARBE and for
the registration of such mortgages at IMMARBE. Every
such document of consent shall be attested by a notary
public. On the production of the prescribed instruments of
Mortgage of a Vessel and the Deeds of Covenant or other
contractual documents appended thereto, if available, those
mortgages on being registered at IMMARBE, shall be
recorded in the same order of precedence as was indicated
in the previous foreign registry irrespective of whether or
not they have been cancelled in the previous registry.
PART VII
MARITIME LIENS
Maritime 60. A vessel shall include, together with the hull, all
Liens extend
to vessel’s
equipment, machinery and other appurtenances or accessories
appurtenances belonging to it, which are on board or which have been
and
accessories.
temporarily removed therefrom.
Maritime liens 65. The maritime liens set out in section 63 above shall
in respect of
salvage.
rank in the order listed, provided however that maritime
liens securing claims for reward for the salvage of the vessel
shall take priority over all other maritime liens which have
attached to the vessel prior to the time when the salvage
operations giving rise to the said liens were performed.
Priority 66. The maritime liens securing claims for reward for
between the salvage of the vessel shall rank in the inverse order of
maritime liens
in respect of the time when the claims secured thereby accrued. Such
salvage. claims shall be deemed to have accrued on the date on which
each salvage operation was terminated.
68. For the purpose of section 67(b), the period of three Calculation of
time for
calendar months shall commence from the date on which maritime
the title of ownership is registered at IMMARBE´s Head liens.
Office.
70. The one year period referred to in section 67(c) shall Computation
of time for
commence: expiry of
maritime
liens.
(i) with respect to the maritime liens set out in
section 63(c), upon the claimant’s discharge
from the vessel;
PART VIII
Payment 72. (1) For the duration of the dual registration provided
during period for in section 71, the vessel shall continue to make all the
of dual
registration. relevant annual payments and other dues, and its title or
any mortgage or other documents shall be registered
exclusively at the Head Office.
PART IX
LIMITATION OF LIABILITY
FOR MARITIME CLAIMS
74. For the purposes of this Part, unless the context Interpretation
of terms in
otherwise requires- this Part.
Claims subject 76. (1) Subject to sections 77 and 78 below, the following
to limitation. claims shall be subject to limitation of liability regardless
of the basis of liability-
78. Limitation of liability under this Part shall not apply Claims
excepted from
to the following claims- limitation.
81. (1) The limits of liability for claims other than those Limitation
referred to in section 78 above, arising on any distinct calculations
for smaller
occasion, shall be calculated as follows- vessels.
82. Subject to (b) below, the limits of liability for claims Calculation of
other than those referred to in section 78, arising on any limits of
liability for
distinct occasion, shall be calculated as follows- larger vessels.
Limit of 83. The limits of liability for any salvor not operating
liability of
salvors.
from any ship or for any salvor operating solely on the ship
to, or in respect of which, he is rendering salvage services,
shall be calculated according to a tonnage of 1,500 tons.
85. For the purposes of this Part, a ship’s tonnage shall Measurement
of ship
be its gross tonnage. tonnage.
86. This Part does not apply to the Belize Port Authority Belize Port
Authority
and the owners of any dock in Belize exempted.
91. (1) Subject to sections 81, 82 and 87, the fund shall Distribution of
fund.
be distributed among the claimants in proportion to their
established claims against the fund.
438 Merchant Ships (Registration) [No. 22
Bar to other 92. (1) Where a limitation fund has been constituted in
actions.
accordance with section 90, any person having made a claim
against the fund shall be barred from exercising any right
in respect of such claim against any other assets of a person
by or on behalf of whom the fund has been constituted.
Loss of life or 95. (1) Where loss of life or personal injuries are suffered
personal
injuries; joint
by any person on board a ship owing to the fault of that
and several ship and of any other ship or ships, the liability of the owners
liability.
of the ships shall be joint and several.
96. (1) Where loss of life or personal injuries are suffered Right of
contribution
by any person on board a ship owing to the fault of that for loss of life
ship and any other ship or ships, and a proportion of the or personal
injuries.
damages is recovered against the owners of one of the ships
which exceeds the proportion in which the ship was in fault,
they may recover by way of contribution the amount of the
excess from the owners of the other ship or ships to the
extent to which those ships were respectively at fault.
97. (1) This section applies to any proceedings to enforce Time limits for
proceedings
any claim or lien against a ship or its owners- against owner
or ship.
(i) in respect of damage or loss caused by the
fault of that ship to another ship, its cargo or
freight or any property on board it; or
442 Merchant Ships (Registration) [No. 22
98. (1) This Part shall apply whenever any person Scope of
application of
referred to in section 75 seeks to limit his liability before this part.
the Court or seeks to procure the release of a ship or other
property, or the discharge of any security given.
PART X
Offence and 102. Every person who, with intent to evade the
penalty. provisions of this Act or any other law, forges any certificate
of registry or other documents relating to a ship, or with
like intent flies the flag of Belize on a ship, commits an
offence and shall be liable on summary conviction to
No. 22] Merchant Ships (Registration) 445
PART XI
103. Any person who forges or fraudulently alters any Penalty for
forgery, etc.
register, builder’s certificate, surveyor’s certificate, tonnage
certificate, certificate of registry, declaration, bill of sale,
instrument of mortgage, or any entry or endorsement made
in or on any of those documents, shall be guilty of an offence
and shall be liable on summary conviction to the penalties
prescribed in section 102 of the Act.
PART XII
FORMS
Instructions to 106. The Registrar may, for the purpose of carrying into
Deputy
Registrars.
effect the Act, give such instructions to Deputy Registrars
as to the manner of making entries in the registers, the
execution and attestation of powers of attorney, any evidence
required for identifying any person, or the referring to him
of any question involving doubt or difficulty, and generally
as to any act or thing to be done in pursuance of the Act
or the regulations made thereunder, as he thinks fit.
PART XIII
MISCELLANEOUS
Regulations. 107. (1) The Minister may make regulations for the
better carrying out of the provisions of this Act, including
the prescribing of fees, forms and other things that need
to be prescribed.
No. 22] Merchant Ships (Registration) 447
Powers of 110. (1) For the purpose of ensuring that the provisions
Inspector.
of the Act and Regulations made thereunder, or of any
international convention, are duly observed and complied
with, and for the effective carrying out of his powers and
duties under the Act and such regulations, an inspector in
Belize may:
111. (1) Where under any of the provision of the Act Suspension of
Certificate of
or any Regulations made thereunder, the certificate of registry Registry.
of a Belizean ship is suspended, the person by whom the
suspension is made shall give to, or cause to be served on,
the master of the ship a written notice of the suspension,
and thereupon the ship shall not proceed to sea and the
master shall forthwith deliver up the certificate of registry
to the person by whom it was suspended or, if such person
not immediately available, to a Deputy Registrar or consular
officer.
Commencement 114. (1) This Act shall come into force on a day to be
and repeal. appointed by the Minister by Order published in the Gazette.
CAP. 236. (2) Upon the coming into force of this Act, the
Act 14/03. Registration of Merchant Ships Act, as amended, the
S. I. No. 111/ Registration of Merchant Ships (Registration and
1991.
Miscellaneous Provisions) Regulations, and the Registration
S.I. 56/2010. of Merchant Ships (Variation of Fees) Order, 2010, shall
stand repealed.
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