Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698069359985.pdf (Guyana)
GUYANA ACT No.

7 OF 1998 GUYANA SHIPPING ACT 1998 I assent, SAMUEL HINDS, Prime Minister the Perfonning functions of the President.

1998 24th December, PRELIMINARY ARRANGEMENT OF SECTIONS PART 1 SECTION and commencement.

I. Shon title 2.

Interpretation.

3.

Application to Government Ships.

PRI_Q_E: $300.00 To be purchased from the Uflice of the .President, Georgetown, PRINTED BY GUYANA NAIONJ\L PRINTERS, LTD. No.

7] LAWS OF GUYANA [A.O.


1998 2 PART 11 ADMINISTRATION OF THE ACT Administration Department.

4.

5.

6.

7.

8.

9. of Maritime Establishment Power of Minister Marine officers.

Surveyor's powers Registrar Minister and duties.

of Ships and Registrar of Seamen.

may delegate certain powers and duties.

to give directions.

PART III RESTRICTION ON TRADING I 0.

Trade in Guyana waters.


PART IV REGISTRATION AND LICENSING OF SHIPS AND PROPRIETARY INTERESTS IN SHIPS Registration of Guyana Ships on first registration.

on registration charter and cancellation registration.

of registration.

on deregistration of ships.

for registration.

of ownership.

s to own a Guyana Ship.

Guyana Ships 11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28. to register Qualification Obligation Regulations.
Application Declaration Evidence Restrictions Rules for bareboat Restriction Port of Registry.

Register books.

Documents to be retained Name of ship.

Change of name of ship.

Identity Offences Call sign.

Register book marks for fishing under sections vessels.

24 and 25. by the registrar.

for ships under construction, Tonnage Measurement 29.

Survey.

30.

Minister 31.

Tonnage 32.

Tonnage 33.

Foreign to make tonnage once ascertained of foreign ship.

and other measurem ents.

regulations.


to be tonnage of ship.

A.O.

1998] GUYANA SHIPPING [No.

7 3 34.

Alterations between surveys.

35.

Appointment of surveyon;.

36.

Marking of ships.

Certificate or Registration of registration.

37.

Certificate 38.

Power to make regulations 39.

Issue and custody of certificate 40.

Improper use of certificate 41.

Provisional 42.

Temporary certificate pass in lieu of certificate of registration.

.

in relation of registration.

of registration.


of registration to certificate ofregistration.

Registration or Alternations and Registration Anew of alternations.

43.

Registration 44.

Rules for registration 45.

Provisional 46.

Registration 47.

Procedure 48.

Restriction for registration on re-registration of alterations.

certificate anew.

where ship registered anew on change of ownelllhip.

of abandoned ships.

anew.

Licensing 49.

Ships to be licensed.

50.

Qualifications S 1.


Regulations for licensing of ships.

for owning a licensed Guyana ship.

Transfers and Transmissions 52.

53.

54.

SS 56.

57.

Si.

Power of court to prohibit Transfer of ship or share.

Declaration Registration Transmissio Order for sale on transmission to an unqualified Transfer of transfer .. of transfer.

n of property in ship on bankruptcy, death, pen;on.

of ship or-share by order of court.

transfer .

etc.

Mortgages existing liabilities.


of mortgage.

mortgagor to disclose of mortgages.

not treated as owner.

of ship or share.

59.

Mortgages 60.

Obligation of 61.

Entry of discharge 62.

Priority 63.

Mortgagee 64.

Mortgagee to have power of disposal.

65.

Mortgage not affected 66.

Transfer of mortgages.

67.

Transmission 68.

Authority of interest to sell or mortgage in mortgage out of Guyana.

by bankruptcy.

in certain circumstances.

No.


7] LAWS OF GUYANA [A.D. 1998 4 rules for certificates of sale.

69.

General 70.

Procedure 71.

Registration where ship under certificate of sale granted in Guyana.

in Guyana where ship sold under certificate of sale granted in a foreign state.

72.

Rules as to certificates of mortgage.

73.

Loss of certificate 74.

Revocation of certifica of sale or mortgage.

te of sale or mortgage.


Maritime Liens liens as maritime of maritime of ship-builders of maritime liens.

not recognised liens.

of maritime in general.

75.

Sources 76.

Claims 77.

Priority 78.

Order of priority 79.

Rights 80.

Other liens 81.

Attachment 82.

Assignment 83.

Notice 84.

Effects 85.

Issue of certificates that on vessels.

of maritime and subrogation.

of forced sale to be given.

of forced sale and disposition liens.

and ship repairers.

liens and extinction by lapse of time.


of proceeds of sale.

the ship is free of encumbrances.

Miscellaneous for cases of infancy and disability.

interest.

owners.

of managing of trusts not received.

ion of beneficial 86.

Provision 87.

Notice 88.

Definit 89.

Liability of 90.

Registration 91.

Power to dispense with declaratio 92.

Mode of making declarations.

93.

Admissibility 94.

Forgery of documents.

95.

False declarations.

96.

Procedure on forfeiture of ship.

in evidence owner, etc.


ns, etc.

ofregister book and certificate ofregistration, etc.

PARTV NATIONAL CHARACTER AND FLAG on clearance.

of ship to be declared of Guyana.

97.

National character 98.

Right to fly national 99.

Display 100.Penalty 10 I.

National 102.Penalty I 03.

Penalty 104.Liabilities of national for unduly flag on foreign ship.

for concealing Guyana character for acquiring colours colours.

assuming Guyana character.

or assuming if unqualified.

as a Guyana ship.


of ship not recognised ownership foreign character.

A.O.

1998] GUYANA SHIPPING [No.

7 5 PART VI MANNING OF SHIPS AND CERTIFICATION OF SEAFARERS 105.Regulations Guyana ships.

regarding safe manning in of persons serving and qualifications certificate.

of foreign I 06.

Power to exempt.

I 07.

Approval I 08.

Tribunal.

I 09.

Court may recommend I I 0.

Cancellation, 111.Appeals 112.Offences.

113.Saving against and transitional.


etc., of certificate cancellation, of certificate.

etc., by Minister.

cancellation of certificate.

etc., PART VII ENGAGEMENT AND WELFARE OF SEAMEN Engagement of Seamen eighteen years.

to certain as to crew agreement.

crew agreements.

to law of flag state.

of discharge.

of Seamen.

of ship registry.

of Registrar of persons under of crew agreements.

offences.

for disciplinary certificate report.

on change relating visions not to be contrary 114.

115.

116.
115.

116.

117.

118.

119.

120.

121.

122.

123.

124.

125.

126.

127.

128.

129 .

130.

131.

132.

133.

134.

135.

136.

137.

138.

139.

140.

141.

142.

Functions Crew agreement.

Contents Regulations Same offences.

Procedures Further pro Stipulations Seaman's Character Discharge Employment Changes in crew of certain ships.

Change of master.

Regulations Use of English language.

Crew's knowledge of English.

Time and manner of payment Account from wages.

Deductions of wages.


Settlement Registrar's decision Registrar may require Rate of exchange.

Registrar may settle wage disputes Court may award interest Allotment notes.

Wages where service Protection as to wages.

ship's for conditions of wages.

of wages.

of service.

documents.

terminated.

of seaman's rights and remedies.

ofup to fifteen thousand dollars.

on wages due where there is no crew agreement.

No.

7] LAWS OF GUYANA [A.O.

1998 6 seaman's wages for maintenance.


for remuneration and disbursements.

on freight.

to work.

caused 143.Claims against remedies 144.

Master's 145.Wages not to depend 146.Refusal 14 7.

Illness 148.Costs of procuring 149.Improper discharge.

150.Protection of wages.

151.Leave and holidays.

152.Seaman may sue for wages.

by own default.

conviction.

153.Jurisdiction 154.Power to rescind contracts.

of High Court in the recovery of wages.

Property of Deceased Seaman 155.Property seaman.


of deceased seaman's 156.Delivery of deceased .

of documents 157.Forgery property.

Occupational Safety 158.

Occupational safety regulations.

Provisions 159.Provisions 160.Complaints 161.Allowance 162.Weights and water.

and water.

as to provisions for short or bad provisions.

and measures.

Health and Welfare regulations.

cook to be carried.

fitness regulations.

163.Medical 164.Crew accommodation 165.Certificated 166.

Medical 167.

Expenses 168.


Medical 169.

Welfare Board for seaman's for making 170.Facilities regulations.

treatment to be carried.

-practitioners welfare.

complaints.

stores for medical and burial.

Protection of Seamen from Imposition 171.Assignment 172.Seaman's debts.

and sale of salvage.

Provisions as to Discipline 173.Endangering life or ship.

A.D. 1998] GUYANA SHIPPING [No.

7 7 against discipline.

not to affect other remedies.

note.

tion of advance may be withheld.

as to last ship.


from foreign ships.

offences 174.General 175.Conviction negotia 176.Improper of discharge 177.Certificate 178.False statement I 79.

Deserters 180.Proof of desertion 181.Application 182.Question 183.Deduction 184.Persuading 185.Penalty on stowaways.

186.Trade disputes 187.Offences to be entered of forfeiture of forfeiture.

involving seamen.

in official log book.

decided in suit for wages.

offme from wages.

seaman to desert, and harbouring deserter.


when wages are to be forfeited.

Relief and Repatriation and return of seaman involuntarily of ownership.

terminating service.

in certain cases.

of seaman.

behind.

ion of section 193. compensation.

of seaman left to foreign vessels.

of master.

of Government.

to Government.

188.

189.

190.

191.

192.

193.

194.

195.

196.

197.

198.

199.

200.

201.

202.

203.

204.

205.

206.

207.

208.

209.

210.

211.

212.

213.


Repatriation Seaman to bear expense of repatriation Duty of Registrar.

Effect of workman's Application Wages and effects Liability Liability Payment Non-applicat effects.

Sale of seaman's Maintenance Discharge on change Certificate Offences.

Account of wages of seaman left behind.

Payment Application Relief Repayment Forcing Proper return port .

Manner of return.

Return of seaman to proper return port.

Minister Unauthorised seaman.

and return expenses.


of wages of seaman left behind.

may provide temporary relief when seaman left behind.

of distressed wages to proper officer.

on board ship.

of seaman's presence ashore.

of relief PART VIII SHIPS' WG BOOKS 214.Official log book.

215.Entries in official log book.

No.

7] LAWS OF GUYANA [A.O.

1998 8 of official log book where ownership is transferred or ship is lost.

y of official log book to Director.


216.Deliver 217.Delivery 218.Offence in respect 219.Ordinary 220.Returns of crew lists.

221.Returns of births and deaths 222.Returns of births and deaths 223.Returns to be sent to Registrar of official log book.

ship's log.

in Guyana ships.

of Guyana citizens of Births and in foreign ships.

Deaths· penalties of Master.

PART IX PREVENTION OF COLLISIONS AND NAVIGATIONAL SAFETY 224.Collision 225.Guyana ships to observe Regulations.

collision regulations.


regulations.

assistance with collision collision.

to notify hazards of navigation.

compliance following ships in Guyana waters.

liability.

to enforce 226.Foreign 227.Collision 228.Inspection 229.Duty to render 230.Obligation area.

in danger moderately 231.Master to proceed in distress.

23 2.

Obligation to assist ships 233.Right to requisition ships when in distress.

234.Obligation persons affected.

235.Salvage 236.Regulations 237.Reports 238.Apprehended of boat drill 239.
Record to mariners 240.Notices to assist rights not for signals of accidents loss of ship.

or fire drill and navigational of distress.

in danger at sea.

warnings.

to ships.

to be kept in official log book.

Aids to Navigation and management 241.

242.

243.

244.

245.

246.

247. publications.

Interpretation.

Establishment Nautical Prosecution of ships.

Detention Fire and lights detrimental Characteristics of offences relating of aids.

to aids.

of aids.

to navigation.


PART X SAFETY OF LIFE AT SEA on.

248.Interpretati 249.List of Safety Convention Countries.

250.Application 251.Regulations of Safety relating Conventio to safety at sea.

n. A.D. 1998] GUYANA SHIPPING [No.

7 9 Safety Equipment Certificate.

Radio Certificate.

ship Short Voyage Certificates.

on board.

and certificates.

.

ships.

ships.

ships.

ships.

passengers, of surveyors.

surveys.

to be carried on cargo ships.

and Qualified of passenger ship.


of passenger of passenger of passenger for passenger of inspection.

Certificate.

of inspections etc.

stress of weather, for passenger Certificates ships.

surveys of passenger Ship Safety Certificate excess 292.
284.

285.

286.

287.

288.

289.

290 291.

292.

Ships in port through Appointment Surveyor's powers report to Director Surveyor's record Surveyor's Surveys Initial survey Periodic surveys Additional Passenger ship Certificate.

Short Voyage Certi.ficates Exemption and Qualified Validity Passenger Penalty for carrying Safety equipment survey Cargo ship Safety Equipment Certificate .

Cargo ship exemption and Qualified Cargo ship radar and radio installations Issue of cargo ship Radio Certificate.
Cargo ship Exemption Radio exemption Cargo ship safety constru Regulations Issue of Ship Safety Construction Cargo ship Exemption period Validity Appeals against Periods Extension Validity of qualified Penalty Posting Survey Production Inspection Ship not to proceed Detention Ships to carry stability Penalty Notice sea-worthiness Re-survey Application Survey Survey Exceptions.
Regulations for non-complian up of certificates to verify Safety Certificates of foreign of Guyana ships by other Convention of Safety Convention of ships holding Safety Convention 293.

294.

295.

296.

297.

298. for forgery of survey report of accident, ce with conditions on board ship.

appropriate of certificate of ship for non-production information.

ction surveys.

for cargo ship safety construction for safety requirements of this Part to foreign ships.

of certificates.

of certificates.


certificates.

Certificate.

Certificate.

alterations of period of and Qualified to sea without of validity validity affecting defect or of the ship.

or damages.

s. or certificate.

or the efficiency of a ship following alterations ships and issue of Safety Convention Certificates.

countries.

and issue of local certificates.

requirements and surveys.

Safety Construction Certificate.

of Cargo Ship Safety Construction on.


certificates or detenti withholding of ship's Certificate.

of Exemption Certificates.

and compliance with conditions of issue.

Certificates.

certificate.

No.

7) LAWS OF GUYANA [A.D. 1998 10 PART XI LOAD LINES to which Load Line Convention applies.

certificates.

under the Load Line Convention.

.

of other governments.

orders.

Certificates.

299.Interpretation.

300.Exceptions.

301.Countries 302.Load Line Regulations.


issued 303.Certificates and Local Load Line Certificates 304.International 305.Certificates by other governments.

issued issued 306.Certificates at the request as to the validity of foreign 307.Regulations 308.Power to make exemption 309.Further powers to exempt ships of novel design.

310.Extent of exemption.

311.Issue of Exemption extension 312.Duration and 313.Effect of Load Line Certificates.

314.Duration, 315.Ships not to proceed 316.Deck cargo regulations.
317.Inspection 318.Notice 319.Submersion or defacement 320.Alteration 321.Ships not to proceed 322.Producti 323.Production 324.Submersion 325.Posting book.

326.Inspection 327.Contravention of Guyana load line ships.

affecting to be given of alterations of Guyana ships.

of Load Line Certificates ships.

of foreign ships.

of Load Lines of foreign on of Load Line Certificates and cancellation up of Load Line Certificat of exemption.

of load line marks.

to sea unless renewal ofload lines.


of ships regarding Load Lines.

of ship.

and detention of Load Line Regulations of Load Line Certificate.

to sea without Load Line Certificate.

position of ship's Load Line.

e and entry of Load Line details in ship's log complying with Load Line Regulations.

PART XII CARRIAGE OF BULK CARGOES AND DANGEROUS GOODS Bulk Cargoes 328.Bulk cargo regulations.

329.Precautions 3 30.

Offences.

regarding grain cargoes.

Dangerous Goods 331.Regulations 332.Carriage 3 3 3.
Offences.

as to dangerous goods.

goods.

and marking of dangerous A.D. 1998] GUYANA SHIPPING [No.

7 ll 334.Rejection 335.Forfeiture of dangerous and disposal goods.

of dangerous goods by ship.

PARTXill SEAWORTHINESS OF SHIPS ship.

336.Unseaworthy 337.Sending 338.Owner's 339.Detention 340.Liability 341.Power to require ship.

of unseaworthy for costs and damages.

state.

ship to sea in unseaworthy obligation to crew regarding seaworthine ss.

complainant to give security for costs.


PART XIV WRECK AND SALVAGE Wreck plunder and disorder.

and powers ofreceiver of wreck.

lands.

who finds wreck.

wreck at the time of casualty.

r. in case of ship in distress.

to use force to suppress where ship is in distress.

342.Appointment 343.Fees of receiver.


344.Duty of receiver 345.Power ofreceiver 346.Power of receiver 347.Power to pass over adjoining of person 348.Duties for taking 349.Penalty of wreck to be given by receive 350.Notice 351.Delivery 352.Immediate 353.Wrecked 354.Right to unclaimed wreck.

355.Delivery 356.Removal 357.Breaking 358 .

Extent 359.

Taking 360.Unauthoris 361.Interfering 362.Summary procedure of power of removal wreck to a foreign port.

of wreck.

ed boarding with wreck, etc.


of unclaimed wreck by receiver of wreck by port, harbour and removal sale of wreck by receiver of wreck to owner.

goods subject of wreck.

of wrecks.

to duties.

of wreck.

for concealment in certain cases.

not to prejudice title.

or other authority.

Salvage 363.Interpretation.

364.Non-application 365.Non-application 366.Life salvage.

367.Salvage 368.Services of cargo.

excluded to platforms and drilling vessel.


to foreign state-owned from salvage remuneration.

No.

7] LAWS OF GUYANA [A.O.

1998 12 of contracts.

under existing contracts.

remunerati of reward.

on.

reward.

salvors.

for salvage contracts.

or modification ofSalvor.

of owner and master.

compensation.

rendered 369.Conditions 370.Salvage 37 I. Annulment 372.Duties 373.Duties 374.

Powers of Director.

salvage for fixing 375.Criteria 376.Responsibility for payment 377.Quantum of reward.
378.Special 379.Services between 380.Apportionment 38 I. Salvor's misconduct.

382.Maritime lien.

383.Duty to provide 384.Interim payment.

385.State-owned cargoes.

cargoes.

386.Humanitarian 387.Detennination of salvage 388.Recission 389.Appeal in cases of salvage salvaged.

390.Valuation 391.Detention liable 392.Sale of detained property.

393.Apportionment of small amounts of salvage 394.Apportionment 395.Salvor's right to interest.
396.Application 397.Time limit for salvage of property of property of salvage security.

dispute.

agreement.

dispute.

proceedings.

to the Government.

of salvage.

by High Court.

to salvage by receiver.

PART XV PASSENGER SHIPS 398.Power of the Minister 399.Offences in connection ships.

with passenger to make regulations respecting passenger ships.

PART XVI LIMITATION AND DIVISION OF LIABILITY to limit liabilit to limitation.

400.Interpretation.

40 I.

Persons entitled y.


402.Claims subject 403.Liability against 404.Claims excepted 405.Conduct barring 406.Counter-claims.

407.Limits 408.Priorities.

ships and invoking from limitation.

limitation.

calculation.

of liability limitation not an admission of liability .

A.O.

1998] GUYANA SHIPPING [No.

7 13 and owners of docks.

claims.

of ship's of liability tonnage.

of port authorities 409.Measurement 410.Limitation 411.Limit for passenger 412.
Conversion of unit ofaccountto Guyana funds.

413.Aggregation of claims.

of security 414.Provision 415.Distribution of the funds.

416.Bar to other actions.

417.Rule as to division of loss.

418.

Damages for personal injury.

419.Definition of "freight".

420.Right of contribution.

421.Limitation and release of actions.

of ship.

PART XVII COURT OF SURVEY of Court of Survey.

422.Constitution 423.Power and procedure 424.Report of the Court of Survey.

425.Rules of procedure.

426.Expert witnesses.


of Court of Survey.

PART XVIII INQUIRIES AND INVESTIGAT IONS INTO MARINE CASUALTIES casualties.

inquiry.

shipping 427.Investigations of 428.Preliminary 429.Formal investigation.

430.Rehearings 43 I.

Rules relating 432.Power to restore to inquiries certificate.

and appeals.

and investigations.

PART XIX LEGAL PROCEEDINGS Jurisdiction 433.Provision 434.Jurisdiction 435.Jurisdiction 436.Jurisdiction 437.

Action 438.Jurisdictio in rem.


as to jurisdic tion over offences.

over ships lying off the coast.

in case of in collision and other offences on board ship.

cases.

n as to unsatisfied mortgages.

No.

7] LAWS OF GUYANA [A.D. 1998 14 Detention and Distress on Ship for Damage Caused foreign ship.

detention of ship.

439.Power to detain 440.Enforcing 441.Distress on ship.

442.Inquiries into deaths 443.Seizure and sale.

of crew members and others.


Prosecutions and Compounding of Offences 444.Prosecution 445.Compounding of offences of offences.

and penalties.

Evidence and Service of Documents in evidence where witness cannot be produced.

446.Deposition to be received 44 7.

Proof of attestation 448.Admissibility 449.Notices, 450.Service of documents.

of documents to be in writing.

etc., not required.

in evidence.

PART XX MISCELLANEOUS officers and other persons acting under this Act.

power to make regulations.


power of exemption.

of public 451.Protection 452.General 453.General 454.Application.

455.Conventions 456.Contravention to prevail.

of international conventions.

PART XXI FINAL AND TRANSITIONAL PROVISIONS 457.

458. and savings.

Repeal Regulations for resolving transitional difficulties.

A.O.

1998] GUYANA SHTPPING [No.


7 15 FIRST SCHEDULE SECOND SCHEDULE AN ACT to provide for the regulatio thereof, the behaviour n of ships, and the property of the master and mariners therein and duties, and liabilities and goods by ships, collision liabilities, claims, contracts, as regards the and matters between of passengers rights, rights, and owners their respective carriage salvage, ships, arising in respect and incidental thereto.
of ships and for matters connected therewith Enacted by the Parliament of Guyana.

PARTI PRELIMINARY I.This Act may cited as the Guyana Shipping on such date as the Minister Act 1998, and may, by order, parts or for different Shon title ud commencem,nt dates may be appointed shall come into operation appoint provision and different s of this Act.

In this Act 2.
In this Act 2.

(I)(a) (b) "agent" means in relation to a ship, not being a managing owner, with a specific authority an agent of the owner, by the owner; vested "aircraft" means any ship or vessel for flying but capable of being manoeuvr a seaplane upon or hover over water; ed on water and includes able to alight or any ship or vessel designed (c) "apprentice" means a trainee officer and includes a cadet; (d) "bankruptcy" includes process leading insolvency and any other to the liquidation of assets.
(e) "cargo" includes livestock; (f) "cargo ship" means a ship which is not a vessel; passenger ship or a fishing (g) "Caribbean Community" means theCommunit y established under the Treaty done at Chaguaramas on 14th July 1973; No.

7] LAWS OF GUYANA [A.O.


1998 16 (h)"Caricom State" means a State member of the Caribbean Community, (i)"consular officer" means a person discharging of a consular the of the officer on behalf and when used in to a country other than Guyana, by the Government of duties Government of Guyana, relation the officer recognised.
Guyana as a consular officer of that other country; means (i) "crew" in relation apprentices; to a ship includes seamen and (k)"Director" means the Director under section acting of Maritime Affairs any 4, and includes under the instructions lawfully of appointed person or on behalf of the Director; (I) "duly qualified medical as a medical Practitioner registered Medical practitioner" under the practitioner means a person Act 1991; (m) "fishing vessel" means a vessel way propell to be used for catchin in whatever intended of whatever size and ed which is used or g fish for gain; (n) "foreign ship" means a ship which is not a Guyana ship; (o) "international voyage" on� country means a to a port in another voyage from a port in country, (p) "Guyana" I includes Guyana waters; (q)"Guyana Government ship" means a ship which to the Government of Guyana but does a ship which forms part of the belongs not include Guyana Defence Force; (r) "Guyana ship" means a ship which is - (a) register Act; or ed or licensed in Guyana under this (b)exempted under this Act from being registered or licensed.
(s)"Guyana waters" territorial Boundaries includes sea as defined m the Maritime Act 1977, the internal waters and the No lt>of19Ql N" lO of 1977 A.D. 1998] GUYANA SHIPPING [No.
7 17 (t) "licensed Guyana ship" means a ship that is licensed pursuant to section 49; (u) "local the transport of passengers trade in Guyana waters" means locally carrying out of any other operation activity locally, profit or reward; within Guyana waters, or goods or the or for propulsion (v) "machinery" includes steer- systems, and pressuriud containers ing systems, systems, pumping systems, electrical required operation personnel systems for, or affecting, of a ship or the safety of the on board a ship; the safety or and all similar appartus windlasses, (w) "managing owner" in relation any person not being an agent in whom an owner of such ship has vested manage and operate the ship; to a ship includes to authority (x) "marine officer" means a person appointed as such under section acting person lawfully of the Director; of or on behalf 6 and includes under the instructions any (y) "master" includes every person lawfully command or charge having, of for the time being, any ship; (z} "merchant ship" means any ship other than a which forms part of fishing vessel or a ship the Defence Force of Guyana; (2)(a) "Minister" shipping means the Minister for responsible and water transportation; (b) "officer" in relation to ships' and a deck engineer, officers includes radio or medical a master officer; (c) "owner" in relation to a ship includes a demise or and a managing owner� charterer bareboat (d) "passenger" ship except means any person carried on board a i) the master, person a member of the crew, or a in any or engaged employed No.
7) LAWS OF GUYANA [A.D. 1998 18 on board the ship on the business capacity the ship and signed on the ship's as such person; or agreement articles of of ii) a child under one year of age; or iii) a person carried on the ship under an obligation to carry shipwrecked, upon the master imposed distressed or other persons, or by reason of any circumstances owner nor the charterer or forestall; which neither the master nor the , if any, could prevent (e) "passenger ship" means a ship which is constructed for, or which is habitually used for, carrying more than twelve passengers; or on any particular occasion (f) "pers on qualified to own a Guyana ship" has the meaning assigned to it in section 11; (g) "pilot" in relation belonging conduct thereof, to any ship means any person not to the ship who for the time being has the (h) "pleasure craft" means a ship, however propelled, that is for pleasure and does not carry cargo for hire or reward, but does not for the transport or that is provided used exclusively passengers or include a vessel entertainment of lodgers boarding house, at any institu tion, hotel, guest house or other establishment; Cap.
82:01 (i) "port" means any place which is for the time being appointed to be a port under the Customs Act; (j) "Port of Registry" to any ship means the port where she is for the time being registered; in relation (k) "proper officer" in relation to any function under this Act means a person authorised that function or activity officer"; and may include or activity to perform a "consular (I) "public officer" has the meaning assigned to that expression in article 232 of the Constitution; (m) "receiver" means a receiver of wreck appointed or designated under section 342; A.D. 1998) GUYANA SHIPPING [No.
7 19 (n) "Registrar" means the registrar of Guyana ships or the registrar of seamen, as the case may be, appointed under section 4; (o)"salvage" salvor all expenses in the performance of salvage includes properly incurred by a services; (p)"seafarer" includes a master, officer and any other category of crew; (q) "seaman" means every person employed or engaged in except any capacity on board any ship, and includes apprentices 188 to 213 inclusive, master, pilot or a person the ship while she is in port; of sections but does not include temporarily employed for the purposes a on (r)"ship" every description of vessel used in navi­ includes gation and not propelled by oars; (s)"shipwrecked persons" ship referred to in section 344; means persons belonging to any (t)"surveyor of ships" as such means a person appointed under section 4; (u)"tackle" means, in relation to a vessel, the tackle, gear, apparatus, machinery, on board a ship for the loading and unloading thereof; and appliances used (v)"vehicle" any vehicle of any description, includes whether propelled otherwise, and whether vehicles or otherwise" by mechanical power or other used for drawing (w)"vessel" includes used, or capable transportation on water; of water craft every description of being used, as a means of (x)"wreck" includes - a) flotsam, jetsam, lagan, and derelict found in the waters or on the shores of Guyana; b) cargo, stores, tackle or equipment; c) the personal property of shipwrecked per­ sons; and No.
7] LAWS OF GUYANA (A.O.

1998 20 d) any wrecked cargo thereof.

aircraft or any part thereof and 3.

(I) Subject Applica1ion to ships Government to - to subsections (2) and (3), nothing in this Act shall apply (a)Guyana Government ships operated for non-commercial purposes; (b)ships or aircraft of the Guyana Defence Force.

(2)The Minister may make regulations prescribing the manner and to which the provisions of this Act apply to Guyana Government extent ships operated for non-commercial purposes.
(3)The Minister may, by notification published in the �, to such rules as may be made in that behalf, Guyana ships may be registered as Guyana ships under this Act and the notification, belonging any class of ships to any exceptions which or with shall apply either generally and modifications to the Government registered in that, subject this Act, subject direct Government thereupon may be made in respect to accordance with manner provided reference the rules as they apply to Guyana ships registered by this Act, and for the purpose in the any of such application to the Director.
to an owner shall be construed as a reference PART 11 ADMINISTRATION OF THE ACT Establishment of · Mui1ime Adminiurauon D,p,nm rn, 4.

(I) There shall be a Maritime after referred to as the "Department", administer this Act and any other law relating including Department of which shall be to to maritime Administration the function inland waters.
affairs herein­ (2)For the purooses of carrying out functions of the Department the following namely public officers shall be appointed who shall be marine officers, (a)Director of Maritime Affairs, who shall exercise over all matters relating to maritime general affairs waters; inland supervision including of Ships; of Seamen; (b)Registrar (c)Registrar (d)Surveyors; of Wreck.
(e)Receiver and (3)The Director of any duties may delegate conferred performance other law to such person or persons or imposed as �e may think fit.

the exercise of any powers or the on him by this Act or any A.D. 1998] GUYANA SHIPPING [No.

7 21 (4)Any act done by a person referred to in subsection (3) in exercise or performance of any power, right or duty conferred or imposed by his Act or any other law shall have the same effect as if done by the Director.
directions, The Minister may from time to time give the Director not inconsistent with the provisions made thereunder, on the policy to be pursued in the 5. general regulations of this Act, as he may consider necessary, and the Director administration and the Registrar shall forthwith take such steps as are necessary expedient such of this Act or any to give effect thereto.

or Powe.

ofMin15ter to give directions 6.


(I) There may be appointed, number of marine officers for each port in Guyana as may be necessary.

for the purposes of this Act, such Marine offic,;rs (2)A marine officer shall exercise of the Director.

the direction his powers and duties under (3)There may be appointed a deputy or deputies for the purposes this Act.
officer, either particular provisions of generally of this Act or for the purposes of to any Marine (4)Any act done by a deputy appointed or performance or purported exercise the exercise power, right or duty conferred or imposed effect as if done by a marine officer.

(3) in under subsection or performance of any by this Act shall have the same 7.

(1) Every surveyor of ships shall have the powers and shall perform the functions regulations and duties prescribed by this Act and any made thereunder.
Surveyor's powei.

and dutia.

under (2)The fundions of a surveyor of ships shall be performed with any rules made by of the Director and in accordance the directions the Minister.

8.

Registrar of Seamen .


The Director may be appointed the Registrar of Ships and the RciatrvofShips and Reptnr of S....M. The Minister may, by notification or any other officer appointed under this Act and specified in the exercise of any powers or the performance 9. the Director of any such notification, confem,d or imposed on him by or under this Act, other than the duties power to make � and regulations, subject to such conditions and mlrictjons 11J may be -,ocitled in such notification.
in the Gazette delegate to Miniater may doleptc certain pow.n and dutia.

No.

7] LAWS OF GUYANA [A.D. 1998 22 PART III RESTRICTION ON TRADING Trade in Guyana WIien IO.

(I) Subject this Act, any other written agreement, between ports of Guyana or within to any regulations made or exemptions law, or any bilateral or multilateral granted Under treaty or no ship other than a Guyana ship may trade exclusively waters under Guyana's jurisdiction.
(2)Subject to this Act or any other written law, a ship holding registry may trade between a port of Guyana a valid certificate of a foreign and a foreign port.

(3)No person as provided for trading locally conditions by section within as may be prescribed.
other than a person qualified 11 shall charter or otherwise to own a Guyana ship engage a Guyana ship with such in accordance Guyana waters, except (4)Every Guyana ship trading in any waters and every ship in or from Guyana waters trading responsibility may be prescribed.
against shall provide evidence of financial risks of damage to third parties, in such manner as (5)The master, owner or agent of any ship who contravenes (I), (2) and (4) and any person subsections (3)shall be guilty hundred thousand of an offence and be liable dollars and the ship shall be liable who contravenes subsection to a fine not exceeding one to be detained.
PART IV REGISTRATION AND LICENSING OF SHIPS AND PROPRIETARY INTERESTS IN SHIPS Registration of Guyana Ships Qualificatio1111 own a Guyana ship to 11.
(I) Subject registered persons (2) and section in Guyana under this Act unless to own a Guyana ship, that is to say • to subsection qualified 3, a ship shall not be she is wholly owned by of Guyana; (a)citizens (b)persons domiciled or ordinarily resident (c)citizens of Caricom States residing country of the Caribbean Community, customarily engaged in a member where the ship is in Guyana; in international voyages; under the laws of Guyana (d)a body corporate established and having its principal place of business (e)persons in bona fide joint venture in Guyana; relationships with in paragraphs described any of the categories of persons (a) and (c), or A.O.
1998) GUYANA SHIPPING [No.

7 23 (f) such other persons as the Minister may by order determine; (2)A ship acquired by bareboat charter by any of the categories of persons described may be registered in Guyana.

in paragraphs (a), (b), (d) and (e) of subsection (I) (3)For the purposes of this section body corporate to in paragraphs the majority (a), (b) and (c) of subsection of shareholders shall mean a a body corporate of which are persons (I).

referred 12.
(I) Whenever a registered • provided in this Part unless to own Guyana ship, that ship shall be registered a ship is owned wholly by persons qualified in the manner Obligation IO resister Guyana lhipi (a)it is registered (b)the ship is recognized in some other country; by the law of a country other than Guyana as a ship of that country, from registration; of that country exempted and is by the law (c).the ship is, pursuant registration (d)the ship is required under this Act; to be licensed and operates solely to subsection (2), exempted from within Guyana waters; or (e)the ship is exempt from being licensed.
(2)The Minister may by Notice under this Act, a licensed from registration or a ship or a class of ships that is required outside Guyana waters.

exempt generally or specifically Guyana ship or a class thereof to be licensed when operating (3)Subject to section 3 every Guyana ship, and every Guyana Government ship shall be registered 21 and registration pursuant this Act.
to section in one of the register shall be effected books kept with in accordance (4)If the master of any ship which is owned wholly by persons to own a registered Guyana ship or a licensed qualified on demand, to produce the certificate case may be, of the ship or such other evidence as satisfies that the ship complies may be detained as the or the license the Minister (I), that ship with the requirements is produced.
of subsection of registration Guyana ship falls, that evidence until (5)Any ship which is wholly owned by persons qualified a Guyana ship, and which immediately before Part, is registered in Guyana in accordance Shipping such conditions the commencement with the Law of Merchant to be registered under this Act, but subject to own of this as may be prescribed.
Act, is entitled to c,p ... ,o, ( 6)A ship required to be registered or licensed shall not be recognised as a Guyana ship and is not entitled under this Act to the rights No.

7] LAWS OF GUYANA [A.D. 1998 24 and privileges registered accorded or licensed.
to Guyana ships under this Act unless it is so (7)Where the Minister has reason to believe that there is some of any ship registered doubt as to the title Registrar of Ships to require the ship is entitled be prescribed the satisfaction ship shall given, the by the Minister, of the Registrar be liable to that evidence under this Act, he may direct the be given to his satisfaction that within such time as may to not being less than thirty days, evidence of Ships as to the title be deregistered.
of the ship is not to be so registered; and where, llegulatiom ,\pplicaiion for regisu.tion Declantion of ownership make regulat 13.

The Minister effect to the provisions and in particular ment ships may be registered may provide under this Act.

of this Act dealing with the registration of ships,.

for the manner in which Guyana Govern­ ions for the purpose of giving full 14.
( 1) An application for the registration the prescribed form - of a ship shall be made in (a)in the case of an individual, by the person to requiring be registered (b) in the case of a body as owner, or by his agent; corporate, by its agent, and the authority of the agent shall be testified in writing.

(2)The Registrar may demand proof of ownership of a ship.

with the registration to his satis­ faction before proceeding 15.
(I) A person shall not be registered ship or of a share therein until such person, the person authorized corporate its behalf, has made and signed form referring ships and containing to the ship as described - the following by section declaration particulars 92 (2) to make declarations on the prescribed of of ownership in the certificate of a surveyor as the owner of a Guyana or in the case of a body (a) his full name and address; (b) a statement of his citizenship, of the constitution or in the case of a and to own a as proof of its qualification body corporate a statement business Guyana ship; thereof of the time when and the place where the Guyana or if the ship was built outside (c) a statement ship was built, and the time and place of building statement registered ship previously of the name by which she was so registered; to that effect and in addition, Guyana, outside in the case of a is not known, a a statement A.O.
1998) GUYANA SHIPPING [No.

7 25 ( d)a statement of the name of the master and his citizenship; ( e)a statement of the number of shares in the ship in of which such person or the body corporate, as as owner, to be registered respect the case may be, is entitled and (f) a declaration that to the best of his knowledge and belief no unqualified entitled ship or any share therein.
as owner to any legal person or body of persons is interest in the or beneficial (2)For the purposes of this section "beneficial has interest" the meaning assigned to it by section 88.

16.

(I) On the first registration ofa ship the be produced in addition to the declaration of ownership .
following evidence shall (a)in the case of a ship built within the Caribbean a builder's certificate and tonnage signed by the builder Community of the proper a true account of the ship and containing of the ship as estimated by denomination him and of the time when, and the place where, she was built and of the name of the person, account the ship was built and, if there has been any sale, the bill of sale.
if any, on whose in the applicant under which the ship or a share therein vested by a competent a ship condemned copy of the condemnation.

has become and in the case of for registration, authority, the official (2)In the case of every ship built in Guyana, the builder shall, if containing the to the owner a signed in paragraph (a) of subsection to do so, deliver specified requested particulars certificate (I).
(3)If any builder wilfully guilty of an offence and is liable to a fine of fifty thousand dollars.

makes a false statement in a certificate fails to comply with subsection (I) or (2) or he is given thereunder, 17.

Subject to section 9, be entered (a)no vessel shall it is deregistered certificate authority of in the Guyana registry unless from its previous registration by the competent of deregistration the previous registration, is issued and a Reatrietions on reptnlion and c:ancellltion of - No.
7] LAWS OF GUYANA [A.O.

1998 26 (b)no vessel registered Guyana registry in respect in a previous registry shall of which there exists a mortgage be registered in the is discharged; such mortgage unless ( c)the registration of a ship shall be cancelled if the ship - (i)is found to be registered (ii)is lost or destroyed, (iii)ceases to be owned in accordance with section in a foreign registry; 11 or Rulafor '""""'""""' registration 18.
Where a ship acquired tered in the Guyana registry apply - shall prov i.,ions under a bareboat to section charter 11 (2), the following is being regis­ pursuant (a)the names, addresses and other particulars of the ship­ in the register; owner and charterer shall be entered (b) a certified shall true copy of the bare boat charterparty be filed with the Registrar; for registration, the details the charterer of any outstanding shall dis­ ( c)upon application close to the Registrar mortgages ship in any ship registry such details in the register; or other encumbrances registered against shall enter and the Registrar the (d)no mortgages in respect of that ship in the Guyana ship register; or other encumbrances shall be registered (e)(i)unless the shipowner is a Guyanese citizen or a and in Guyana, as provided body corporate incorporated except or any other written law, no matters ship or any proprietary therewith of the to the ownership connected interest to the Laws of Guyana; in this Act shall be subject pertaining (ii) all other matters pertaining to the ship shall be by this Act or any subsidiary governed made thereunder registration during the period of her in the Guyana ship registry; legislation (f) upon the termination ship shall be struck certificate of the bareboat off the Guyana register to that effect, party, the charter and a of deregistration shall be issued (g)if there is a change currency inform the Registrar shall ownership of the bareboat of ownership the the charterer charterparty, of the new and details of the ship during shall forthwith be entered in the register.
A.D. 1998) GUYANA SHIPPING [No.

7 27 The Registrar 19. without the said ship registered the consent in writing under this Act.

shall not pemiit the of all registered deregistration holders of a ship Restii<:tion on �of of mortgages lhipa.

on 20.

(1) The port of Georgetown registration of ships.

shall be the Port of Registry for the Portor­ (2)The Minister may by order declare any other port of Guyana as a Port of Registry.

21.
21.

(I) The Registrar of ships shall keep such register be deemed necessary - including books as may .,..., boob.

the following book for merchant ships; (a)a register (b) a registe (c)a register r book for fishing vessels; book for ships under construction.
(2)Entries in those books shall be made in accordance with the - following provisions (a)the property in a ship shall be divided into sixty-four shares; (b) subject shall of this Part with respect individuals to not more than at to the provisions joint owners or owners by transmission, sixty-four the same time as owners of any one ship; but this provision number of individuals by or claiming joint owner� or of any corporation owner or shall not affect the beneficial under or through be entitled any registered title of any represented to be registered ( c)a person shall not be entitled to be registered as part of a share in a ship, but any owner of a fractional number of persons as joint owners of a ship or of any share or shares therein; not exceeding five may be registered ( d)joint owners shall be considered person only as regards the persons entitled registered, severalty of any interest in respect of which they are registered; and shall not be entitled in a ship, or in any share therein as constituting one to be to dispose in and (e)a body corporate may be registered as owner by its corporat e name.
(3)As soon as the requirements of a ship have been compiled book the following particulars of this Act preliminary with, the Registrar respecting registration the register shall enter in the ship - to the No.
7] LAWS OF GUYANA [A.D. 1998 28 (a)the name of the ship and the previous name and registry, if any; (b)the details (c)the particulars contained in the certificate of survey, respecting its origin stated in the declaration (d)the name, address, of ownership; occupation and nationality of its owner, and where there is more than one owner, what share in the ship is held by each, (e)the Port of Registry .or home port and the official number or identity mark, call sign of the ship, where one is (f) the international assigned; (g) the name of the builders, and place and year of building of the ship; (h)the description of the main technical characteristics of the ship, (i)details with respect to any mortgages ( 4) The registrar shall not register anv ship purchased or acquired otherwise sale or other document in the applicant constructive, continued from a foreign subject or corporation where any bill of under or by virtue of which the ship became vested any provision contains express, implied for registration or any measure of restricting the use of the vessel control thereof by the government of a foreign country or imputing (5)Only those individual as owners in the register owners, joint owners and corporations book shall be regarded as owners of the recorded ship or part thereof (6)The registrar shall keep a record In the manner approved by the Minister of - (a)the date of deletion tration of the ship; (b)the name, address or suspension of the previous regis­ and, as appropriate the nationality of the bareboat charterer Oocwncnts to be retained by the resistrar 22. possession On the registration in his of a ship the Registrar shall retain certificate; (a)the surveyor's certificate; (b)the builder's ( c) any bill of sale of the ship previously (d)the copy of the condemnation, ofownership; (e)all declarations (f) the notice ofname of the ship; (g) and the application for registration.
made; if any; A.O.

1998] GUYANA SHIPPING [No.

7 29 23.

(I) Every merchant merchant not bear the same name.

ships shall have a name; and two or more merchant ship registered in the register book for Nwoor,,;, ships shall (2)A Guyana ship shall not be described by any name other than that by which it is for the time being registered.
(3)The Registrar may, in accordance made any ship by the name by which it is with any regulations under this Act, refuse to register proposed to register Guyana ship or a name so similar as is calculated offend the that ship if it is already .
public interest the name or likely of a registered or to to deceive ( 4)If the Registrar refuses to register a ship by the name that is or if the requirements of the regulations referred to in subsection proposed (3)are not complied proposed, or until the regulations with, that ship shall not be registered with, as the case may be.
are complied under the name (5)If any person acts or suffers any other person or omits to do or suffers under his control to act in contravention person under his control shall be liable ship may be determined on conviction of this section to omit to do, anything any other he by this section to a fine of thirty thousand dollars and the required until this section is complied with.

24.

(I) A change may not be made in the name of a Guyana Ship without the previous of the Registrar.
written consent Cltan3eofname of ship.

(2)Application for a change of name shall be in the prescribed (3)The Registrar of a Guyana ship, unless mortgages thereof have been notified may not grant permission to change the name he is satisfied that all registered change of name.
of the proposed holders of (4)An approval for a change of name shall be granted by the and a change of name of a In accordance with the regulations shall be carried out in the manner· set out in the Regislrar ship in the register regulations made under this Part .

25.

( 1) On the registration allocate (hereinafter called in the register to it a combination the "identity of a fishing vessel and sequence mar�'} which he shall cause to be entered of letters and numerals m�1a ro, r .. ttins ves.ei,.

book.
book.

the registrar shall '""'"" (2)The same letters shall not be allocated vessel and identity fishing mark of a registered to any other fishing vessel.

(3)Every registered fishing vessel shall display on each side of its bow and shall the identity m¢c allocated show its Port of Registry on the stem.

to it under this section No.

7] LAWS OF GUYANA [A.D. 1998 30 (4)The master and owner of a fishing vessel an which displays section is guilty of an offence.
identity mark not allocated to it under this Offences under 1ections 24 illld 2� 26.

(I) A person is guilty any other person under his control to contravene of an offence who contravenes or permits section 24 or 25. c,11 sign ship or a fishing vessel station radio transmitting 27.
A merchant with a wireless installation that is to say, international call letter state of registration and assigned to the ship, s or numbers shall also have an internationally which is equipped either or with a radiotel ephony registered code designation; as appropriate to the flag book for Register 1hips under construction 28.

A ship under construction for ships under construction from the date of the signing of the contract for construction on another register may be entered after completion.
until It is placed in the register book Tonnage Measurement '"MY 29.

(I) Every ship before registration by a of the ship ascertained in accordance shall be surveyed surveyor with any regulations of ships and the tonnage made under this Part.

(2)The surveyor ship's tonnage, particulars be required descriptive by the Registrar.
shall grant a Certificate the date and place of construction of Survey specifying and such other the of the identity of the ship as may for the time being (3) The Certificate before registration and then issue a tonnage certificate of Survey shall be delivered to the Registrar shall the Registrar on the basis of such certificate, in the manner prescribed.

Mini1terto make tonn111e resutat,01111 30.
(I) The Minister "the tonnage regulations" may by regulations, hereinafter referred to as (a)provide (b)make different for ascertaining provisions the tonnage of ships, ships or for the same description circumstances; for different descriptions of ships in different of ( c) make any provision compliance such manner as may be specified with such conditions the carriage in the registered of the regulations on in dependent to be evidenced in the regulations; of goods or stores in tonnage of a ship and the owner each when is contravened.
or restriction or restrict not included ( d)prohibit spaces and provide liable such a prohibition to a fine of one hundred thousand dollars for making the master (2) In the tonnage regulations, provision may be made - A.D. 1998] GUYANA SHIPPING [No.
7 31 (a) for assigning to a ship, either instead to the tonnage alternative the other provisions applicable depth to which it can otherwise in accordance a lower tonnage where the ship is not to be loaded to the full ascertained of the regulations, be safely loaded; of or as an with (b) for indicating on the ship by such mark as is specified, that such a lower tonnage where It has been assigned depth to which the ship can be loaded for the lower tonnage has been assigned to it and, to be applicable; the and to it as an alternative, (c) for the issue of documents certifying the registered tonnage of any ship or the tonnage any purpose specified as registered the tonnage in Guyana.
that is to be taken for of a ship not (3) In making the tonnage regard to the International Convention 1969, including any amendments thereof Measurement of Ships regulations on Tonnage the Minister shall have due 31.
(I) Where the tonnage accordance assigned deemed to be the tonnage of that ship, with the tonnage to the ship, that tonnage regulations of a ship has been ascertained in and such tonnage has been be and henceforth Tonnage once ascertained to be tonnage of ihip shall be registered (2)The tonnage of a ship as ascertained (I) shall under subsection be entered in every subsequent registration of the ship unless - (a)an alteration is made in the form or capacity of the ship; or (b) it is discovered that the tonnage of the ship has been computed, erroneously and in either ascertained of those cases the ship shall be remeasured and her tonnage and registered according to the tonnage regulations.
that a country has regulations to the Minister made under this Part, the Minister rules on tonnage that are substantially 32.

(I) Where it appears promulgated under the tonnage order that a ship of that country, without being remeasured irrGuyana, deemed to be of the tonnages denoted other national same extent certificate that ship.
may be or of registration in the same manner, to the in the of certificates and for the same ofa Guy�a ship i; deemed to be the tonnages p'!fl)oses as the tonnages in her certificate the same as those of registra_tion to tonnage relating denoted Tonnage of forei gn ship relating to the tonnage (2)Any space shown by the certificate certificates subsection (I) as deducted seamen or apprentices have been certified under this from tonnage on account of being occupied of registration of any foreign ship described or other in by be deemed to s of provision Act and to comply with those to their use, shall and appropriated No.
7] LAWS OF GUYANA [A.D. 1998 32 the ship and certifies inspects and the equipment this Act that apply to such a space in the case of a Guyana ship unless a surveyor struction meet the standard the ship shall be remeasured this Act.
of that space do not of a Guyana ship under this Act, in which case a tonnage with of the ship in respect to the Minister and assigned in accordance required that the con­ (3)Where it appears to the Minister by the rules as to tonnage that the tonnage of the country of a foreign to which it ship as measured belongs materially measured that country the purposes be remeasured of this Act.
differs from that which would be its tonnage if under this Act, the Minister in accordance may order that any of the ships of with this Act.

for all or any of h>'e1g11 and uther aneuur�:.1enls 33.

(I) Where a ship has been measured ship or ha� alread)' ship, a surveyor figures of measurement or in the case of an unregi3tered relating bet!n measured may, for the purposes contained in the latest ship.

in the latest of section to that ship.


without register 29 accept and use any relating certificate to that ship, of survey and registered being registered as a foreign as a Guyana (2)Before acting under subsection ( I).

the surveyor shall satisfy that there have been no changes have been made ht.'!

shall remeasure of measurement that he prnposes to use., aad where any such the ship to the extent made since the making or certificate himself of the register changes necessary by the changes.
Allrtall,Jn;; t>cl\H'-Cll Wtve�, Where any alkration 34. made that could affect the ship's load line, the owner or master of the ship shall, completion of the alteration alteration ion of a Guyana Ship is measurement, within thirty days after the or reconstruction, advise the Registrar of the thereof.

or reconstruct classification, and give him details or reconstruction tonnage or ·\rrrnnlment ,ur-e�·ors ol 35.

(I) The Minister outside the purposes Guyana as surveyors of this Act.
may appoint duly qualified to survey and measure ships under and for persons within or (2)The Minister may, by regulations, Guyana to be a classification or outside Act and any classification survey and measure ships under and for the purposes to such conditions as the Minister so appointed may impcse.

society for the purposes may appoint any person to of this Act, subject society nominate any person within of this 36.
(I) Every ship shall, before being registered marked pcnnanently and conspicuously made under this Part.

in accordance in Guyana, be with the regulations (2)Where the Registrar is satisfied that a ship is insufficiently or inaccurately marked, he may suspend the certificate of registration of A.O.

1998] GUYANA SHIPPING [No.

7 33 the ship or in the absence the insufficiency or inaccuracy has been remedied he may detain the ship until to his satisfaction.
of such certificate (3) The Minister ship from all or any of the requirements may make regulations of this section.

exempting any class of Certificate of Registration 3 7.

(I) The certificate prescribed.


of registration shall be in such form as may be Cemfic.ue nf IC�ISlriUIOII (2)The certificate of registration shall include - (a)the name of the owner of the ship, his occupation and and if there are more owners than one the address, proportions (b) the name of the master; (c)the date and place where the ship was built; (d)the details in which they are interested given in the tonnage certificate.
in the ship; and 38. to - may make regulations The Minister (a)the grant of a new certificate (b)the loss of a certificate (c)the keeping ( d) the endorsement certificate of registration; ofa record of masters; relating of registration; of registration; of a change of ownership on a Power !u male ,n tl');illl�11on, rrlaunn"' c�n1tka1e of 1eg1s1ra11on (e)the delivery up of the certificate of a ship that is Jost or broken up or has ceased to be a Guyana ship.

of registration 39.
of registration 39.

(I) The certificate and shall be used only for the lawful navigation be subject to retention of any owner, mortgage by reason of any title, holder or other person.
of registrati on shall be kept on board the ship of the ship and shall not lien, charge or other interest and cusmdy l.ssue of ccnificate re�1s1rat1on of (2)No person who has in his possession, or under his control, of registration of a ship shall refuse the reasonable or omit, without on demand to the person entitled to the of the ship, or to of the lawful navigation certificate cause, to deliver such custody any registrar, law to require ship surveyor, its delivery.
thereof for the purposes certificate customs officer or other person entitled by (3) Every person who contravenes to a fine of fifteen thousand offence and is liable dollars.

subsection (2) is guilty of an (4)If, in any proceedings in respect that the certificate under this of an offence is lost, the court shall so the court is satisfied section, advise the Minister in writing.

No.
No.

7] LAWS OF GUYANA [A.D. 1998 34 Improper use of cemficue uf reg1S1ra!mn a Guyana ship uses or attempts to of such ship a certificate of registration granted 40.

If the master or owner of of navigation use for the purposes not legally in respect use or attempt, liable imprisonment forfeiture.
be guilty to a fine not exceeding not exceeding of an offence of the ship he shall, in respect of shall be each such thereof thirty thousand and on conviction dollars to one year and the ship shall and to a term of.

be liable Pro,os,onal cer11fica1e of 1efu�ira1,on 41.

(I) Where an owner of a ship intend registered as a Guyana ship a proper officer or of the Government which shall include other appropriate may grant to the owner or master.
a statutory but there is no registrar declaration, authority immediately available, designated to act on behalf on his application to apply to have the ship a provisional certificate stating (a) the name of the ship, (b)the time and place of its purchase and the names of its purchasers.

(c) the name of its master, (d) the best particulars respecting pbce of its con:,rruction is ahle to nbt:11f1 its tonnage, the time and and other particulars which he and shall forward opportunit y to the Registrar.
a copy of the certificate at the first convenient (2) The statutory declaration referred (I) shall to in subsection include (a) a declaration (b) a declaration (c) a declaration has been closed.

as to ownership.
as to ownership.

as to seaworthiness, and registry, that the foreign if any, of the ship (3)A provisional certificate under of a certificate this section unti I the expiration shall have the of six months after of registration t:ffect ils date vf issue or until the arrival and on either first happens, whichever cease to have effect.
of the ship at a port in Guyana, or those events happening shall (4) The master of every ship in respect within deliver of which a provisional ten days of the ship's the certificate at a port in Guyana, under this section thereafter is granted shall, and where any master ofan offence and is liable fails to comply with this subsection, to a fine of thirty thousand dollars.

certificate first arrival Registrar; guilty to the he is pass lt'ollf"-""'Y "'\,e" ot ,c111fi,a!c ,q,"tr'llll•ll n!

42.
42.

Where it appears circumstances without within being previously or outside it is desirable Guyana, registered.

the Minister to the Minister that permission be granted from any port in Guyana to any port to a ship to pass, may, in any case in which the ship that by reason of special AD 199SI GUYANA SHIPPING [No.

7 35 whose law provides to a country belongs passes, direct within effect as a certificate shall grant the pass accordingly.
the registrar limits the geographical to grant a pass and that pass for the time and mentioned and the Registrar shall have the same when so directed of registration therein for the issue of temporary Registration of Alterations and Registration Anew relating to its tonnage 43.

(I) When a Guyana ship is so altered the particulars notification completion accompanied by alteration.
of the alteration of the alteration shall be given within to the Registrar; of survey a certificate stating and the notice thirty days after the shall be of the as not to correspond with of in the register, or description Registration alterations the particulars (2)Upon receipt of a notice (I), the Registrar shall either subsection registered or direct that the ship be registered cause the alteration anew.
to be of alteration of a Guyana ship under (3)Where there is a failure (I) or with a direction under subsection to comply with the requireme may (2), the Registrar nts of of registration of the ship in respect of which the subsection suspend the certificate failure occurs.
(4)If default is made in registering the alteration, anew a ship that has been the owner of the ship shall shall be liable to a fine not be guilty and on conviction thereof or in registering altered of an offence exceeding dollars six thousand for every day during dollars and, in addition to a fine of one thousand which the offence continues after conviction.

44.
44.

(I) For the purposes Guyana ship, the ship's within Registrar of the registration of registration - sixty days after the alteration, certificate of an alteration Rules for registration of alterations shall be produced to the and he shall either in a (a)retain the certificate containing tration (b)endorse and sign on the existing certificate of regis­ or a memoran­ a description of the ship as altered; and grant a new certificate dum of the alteration.
(2)The particulars of the alteration and the fact of the new certificate be entered having by the Registrar having or an endorsement book.

in the register been granted been made shall as to be registered 45.
(I) Where a Guyana ship is outside upon notification appropriate grant to the master on his application, describing the ship as altered, the alteration of Guyana, anew, a proper officer or other and consequent "= shall of the Government certificate, either a provisional of the particulars authority designated or provisiona to act on behalf lly endorse on the existing certificate.

Provisional certificate where ship registered No.

7] LAWS OF GUYANA [A.O.


1998 36 (2) Where a provisional grants under this section, statement the proper officer or other or provisionally certificate he shall add to the certificate authority a certificate a appropriate endorses or endorsement that the same is made provisionally.
(3) The master of every ship in respect is endorsed or a certificate arrival is granted ten days of the ship's certificate within six months of the date of issue or endorsement deliver whichever fails to comply with this subsection, master to a fine of thirty thousand is liable that certificate is the sooner, thereafter he is guilty dollars.
of which a provisional shall, under this section at a port in Guyana or within to the Registrar and, if any and of an offence of the certificate of which a Provisional under this section first for registration Certificate arrives is of that ship anew for and the other requirements requisite (4) Where any ship in respect is endorsed or a Certificate at a port in Guyana application granted thereafter shall be made to the Registrar registration there is faure to comply with this subsection, and is liable guilty addition, to a further which the offence continues with; and, if, in respect after conviction.
fine of one thousand shall be compiled to a fine of thirty of an offence dollars the owner of the ship is dollars and, in thousand for every day during of any such ship, ane,, Re!

'1.,aation on cham;c of nwnership 46.

Where the ownership Registrar may.

ship be registered this Act.

on the application anew, although of any Guyana ship is changed, the that the of the owner of the ship, direct under registration anew is not required Prc,cecture fo, ,q;,stta\1011 anew as in the case of first 47.
(I) Where the ship is to be registered proceed certificate to registration make such new registration registration and upon compliance or such of them as the Registrar of registration he shall material, thinks accordingly.

and grant a Certificate and on the receipt of shall the existing anew, the Registrar of the other pre-requisites (2)When a ship is registered anew her former closed.
except so far as relates on it: but the names of all persons considered entered to be interested interes and the new registration shall those persons.

ts in the ship registered anew shall be entered not in any way affect in the ship as owners or holders shat!

be to any unsatisfied registration mortgage appearing on the former register or mortgages or other on the new register of any of the rights ,.

:,11 llc,1rntcu11 re-reµistra!ion of ,1h;rndrn1ed ships to be registered 48.
Where a ship has ceased of having been wrecked reason capture by Guyana ship, the ship shall not be re-registered been surveyed expense ccrtifi�d as a Guyana Ship by other than to a person not qualified to own a until such ship has, at the and of the applicant by him to be seaworthy.

for registration, the enemy or transfer or abandoned, or for any reason by a surveyor A.D. 1998] GUYANA SHIPPING [No.

7 37 Licensing 49.

(I) Subject in length four metres to subsections shall be licensed under this Act.
(2) and (3 ).

every ship under twenty­ �h,p, 10 he locens;:-d (1)The following ships shall be exempt from being licensed · section under this craft of less than five metres in length with propulsion machinery; craft of less than three metres in length machinery with propulsion (a)pleasure equipped (b)pleasure equipped five horse power; (c) ships registered of not more than under this Act.

not (3) The Minister ships from specifically.

conditions as he may stipulate.


may in writing exempt, with subsection either (I).

subject or generally to such compliance 50.

(I) A ship shall not be licensed refcrrc>d wholly by persons to in section I I. in Guyana unless it is owned for ()u3hf,ca1,ons '"'nmg a L ship ( ,u;·ana ,renscd (2) No more than eight persons ship.

Guyana.

of a licensed may be recorded as joint owners (J)Within seven days.
or such further time as may be allowed of ri Guyana ship, the owner of ownership after a change by the Minister.

shall in writing notify the Registrar of such change.

(4)Where the owner ofa licensed Guyana ship fails 10 comply with subsection cancelled.

(3), the licence of the ship shall he deemed to have been (S) The Minister nrny m writing (I).

of sub::.ection provisions exempt any ship from the 51.
The Minister ships and licensed Guyana ships, matters may make regulations regarding the licensing of lk!

'ulat,0115 for o,· ,hip, 1,,:n>�in� and in particular for the following (a) the manning to be carried fighting equipment safety of and the life-saving, on such ships; of skippers.

and certification and fire-.

mechanics (b)the examination and deckhands, ( c) surveys and inspections: (d) the appointment (e) the keeping of records: (f)fees: (g)discipline.

of surveyors: No.
of surveyors: No.

7] LAWS OF GUYANA [A.D. 1998 38 f1 .u,frr u1 ,hw '" ,IMre 52.

(I)Every transfer to own a Guyana ship shall be by a bill of sale.

of a ship or a share therein to a person qualified (2) The bill of sale shall - (a)be in the prescribed (b)contain form; such description of survey, and the certificate of the ship as is contained in (c)be executed by the transferor in the presence of, and be attested by, two witnesses.
t>ecl" 1(100 ,,t t,�11,te, Where a registered ship or share therein is transferred, the 53. transferee or.
in the case make declarations declaration, to the ship and containing - shall not be entitled to be registered as owner thereof of a body corporate, the person authorized until he, by this Act to on behalf of the body corporate, in this Part referred to as a "declaration has made and signed a of transfer" referring (a)a statement of the qualification of the transferee to own a Guyana ship, or if the transferee is a body corporate, of the circumstances proof of its qualificatio of its constitution as n to own a Guyana ship; and to the best of his knowledge and business and belief, (b)a statement that, person or body of persons no unqualified any legal or beneficial interest therein.
in the ship or any share is entitled to Reg,,nan,,n t,an,fer 1 54.

(I) Every bill of sale for the transfer of a registered ship or of a share therein, the declaration when duly executed, - and the Registrar shall be produced of transfer, to the Registrar with (a)shall thereupon the transferee (b) shall endorse on as owner of the ship or the share therein; the bill of sale the fact of such entry enter in the register book the name of and the date and time at which the entry was made.
(2) Bills of sale of a ship or a share therein book in the order of their production register to the Registrar.

shall be entered in the 1 ranin11,�1on ot 1,rupertv m ,h,p '"' t,�nl.rup lCV death.

e1c 55.
(I) Where the property transmitted to a person qualified or death of any registered transfer under this Part - in a registered ship or share therein to own a Guyana ship on the bankruptcy is owner, or by any lawful means, other than by a (a)that person shall authenticate the transmission by to (in this Part referred a declaration of transmission") making and signing as a "declaration and containing the statements in a declaration stances admit, and also a statement which and the person to whom the property transmitted; required or as near thereto of transfer, identifying the ship to be contained of the manner in has been as circum­ A.D. 1998) GUYANA SHIPPING [No.
7 39 (b)if the transmission is consequent on death, the of transmission shall by the declaration instrument or in the case of death of a of representation, joint owner by proof of survivorship of the Registrar: be accompanied and to the satisfaction (c)if the transmission is consequent on bankruptcy, shall be accompanied declaration of transmission such evidence court in Guyana as proof of the title under a bankruptc the by in any of persons as is for the time being admissible claiming y, on receipt (2) The Registrar enter in the register of the declaration shall, of trans- under book the name of the person entitled mission, the transmission and, where there is more than one such person.
of the provisions to be registered of this Act with respect as owners.'

be considered as owner of the ship or share therein, they shall, to the number of persons as one person.

as the case may be, for the purposes entitled bankruptcy, in a registered or otherwise 56.

(I) Where the property transmitted on death, own a Guyana ship, the the unqualified direct incurred or otherwise is to Hgh Court may.
on application of and order a sale of the property so transmitted, of the sale after deducting therefrom the expenses entitled on the sale, be paid to the person as the Court may direct.
ship or share therein to a person not qualified person, proceeds under the transmission by or on behalf that the lu, .,�le D,sl�, "" ltan,m,s..s1<>ll 11,anunqu;i.hf,,'<.l r•:"''" (2)The Court may require requisi as it thinks just, any evidence te, and may make the order subject and or may refuse to make the order, in support of the applica- to such terms tion as it thinks and conditions generally may act as the justice of the case requires.
(3)Every such application for sale shall be made within four took place, of the event on which transmission in the whole one year from the not exceeding weeks after the occurrence, such further time, or within of the event, date of the occurrence as the court may allow.

(4)If such an application is not made within the time aforesaid.

or if the court refuses transmitted shall thereupon to make an order for sale, the ship or share be subject to forfeiture under this Act.

57.
(I) Where the Court, whether the sale of any ship or any share therein, contain transfer ship or share in the same manner and to the same extent as if he were the registered vesting share, and that person shall be entitled under this Part or otherwise, the order of the Court shall named by the Court the right to a declaration that ship or owner thereof in a person to transfer the orders Transfer ofsltip '" ,lt;i.r,: by of coun order (2)The Registrar shall comply with any direction person extent so named by the court in respect as if such person were the registered owner.
of any such transfer made by the to the same No.

7] LAWS OF GUYANA [A.O.

1998 40 Pnwcr u1 coun IC!

prnh,b,1 tramfer 58 (I) The Court may if of any other power of the court, person, ship or any share therein.

make an order prohibiting it thinks pre Judice tit, without on the application for a specified time the transfer to the exercise of any interested of a (2)fhe Court may make an order under suhst:ction to make the order or may costs, the order when made, with or without just.
or may refuse it thinks terms or conditions Jischarge act in the case ns the justice of the case requires.

(I) on any and generally nnay (3)The Registrar without being made a party to the proceedings, shall on being served with the order of the court or an official thereof, obey the same.

,;opy Mortgages Mortgage:, sh,r or shar< nf 59.

(l) A Guyana ship, or a share therein, a loan or other valuable security, in this Part referred to as a "mortgage" fonn.
consideration_ for and the instrument creating such shall be in the prescribed may be made a security (2)The Registrar shall mortgages record for that purpose, and in the order in time in shall endorse and which they arc produced sign a memorandum by him and stating to him on each mortgage t}le date and time that it was recorded.
indicating that it has been recorded (3)A mortgage executed officer duly authorized before Guyana and produced a by the the same may be recorded outside proper Registrar on the advice to receive of such proper officer.

Ohl,�3•1w11 ul munga.

'(or !<'.'

dtsclnse e�isttng l,ah,l,11es 60.

( 1) Before executing writing mortgage, which the mortgagor to the mortgagee or other liability is aware.
any mongagc the mortgagor th� existence 'in respect shall disclose lien, prior of any maritime and of of the ship to be mortgaged in (2)If the mortgagor fails to comply with this section debt shail, payable, of the mongagce, anything notwithstanding at the election to the contrary the mortgage become immt.

:<liately due and in the mortgage.

Ent[)' of d1schari;� ,)t mol1!

(ap:e 61.


(I) When a registered on production endorsed thereon register of the mortgage to the effect that the mortgage mortgage and duly signed and attested with a receipt for the mortgage money make an entry in the has been discharged.

is discharged shall.

the Registrar (2) When the entry referred to in subsection to the mortgage to intervening holder, acts and circumstances, if any, it t I) has been made.

shall vest in the person if it ha[ passed the estate.
in whom having regard would have vested if the mortgage had not been made.

A.O.

1998) GUYANA SHIPPING [No.

7 41 62. lfthere are several ship or a share therein, implied which each to the date of the mortgage.

or constructi mortgage ve notice, is recorded mortgages shall, rank in priority, in the register the mortgages registered in respect notwithstanding of the same Priority mongages any express, of according book, and not to the date at according as far as may be necessary available 63.
Except as security or share therein of the mortgage shall not by reason or share, nor shall the mortgagor owner thereof.

for making a mortgaged Mongagee not treated as for the mortgage debt, the mortgagee o-u be deemed to be the owner of the ship be deemed to have ceased to be the ship to subsection (2), 64.

( 1) Every registered mortgagee Mong111ee to hive power of of which have power absolutely dispoy.l he is registered, to dispose of the ship or share in respect money.
and to give effectual for the purchase shall, subject receipts (2)If there are several persons registered of the as mortgagees same ship or share a subsequent order of a court of competen the concurrence mortgagee t jurisdiction, of every prior mortgage holder.
shall not, except under the sell the ship or share without (3) Every registered mortgagee shall be entitled to enforce his mortgage by an action the mortgage is unpaid when due, terrns of any deed or instrument in rem in Admiralty whenever or otherwise any sum secured by with the in accordance collateral to the mortgage.

by any act of bankruptcy 65.
A registered mortgage affected date on which the mortgage mortgagor in his possession, shall be preferred creditors at the commencement or was the reputed to any right, of the bankrupt of a ship or share therein commiitted is recorded of his bankruptcy owner thereof, shall not be after the that the Mongage 001 affected by bankruptcy , notwithstanding had the ship or share and the mortgage of the other claim or interest or assignee therein on their behalf by the mortgagor or any trustee mortgage 66.
(I) A registered any person and the instrument prescribed record mortgagee transfer a memorandum the date and time that the transfer forrn, and on producti by entering the transfer that the transfer of the ship or and shall endorse in the register was recorded.
of a ship or share may be transferred Transfer of mong1ges effecting the transfer shall be in the to on of such instrument, the Registrar the name of the transferee and sign on the instrument by him stating has been recorded shall as of (2)The person to whom any registered mortgage has been trans­ ferred shall enjoy the same right of preference ·transferor.

as was enjoyed by the 67.


(I) Where the therein is transmitted any lawful means other of a mortgagee on the death or bankruptcy or by under this Act, the Transmission m interest of the mortgagee, mongage m transmission cenain circumstances in a Guyana Ship or any share than by a transfer interest of No.

7] LAWS OF GUYANA [A.O.

1998 42 shall be authenticated is transmitted.


by a declaration of the person to whom the interest (2) A declaration of the manner in which, made under this section shall and the person to whom.

the property a contain statement has been transmitted, by this Act required ownership of a Guyana ship or share therein.
and shall be accompanied in the case of a corresponding by the like evidence as is of the transmission (3)The Registrar on receipt of the declaration and production of referred the evidence person entitled ship or share therein.

to in subsection (2), shall enter the name of the of the as mortgagee in the register under the transmission Au1hon!\ to ,e!l <>r mortga1;.� <>f Guyana <'ll\ 68.

( l) Where a registered is desirous of disposing any place out of Guyana, to the Registrar.
writing, owner of a Guyana ship or a share therein, by way of sale or mortgage of that ship or share at he may make application, by declaration in (2)In any such application, there shall be set forth the following particulars (a)the name and address of the person by whom the power mentioned with in the certificate is to be exercised, together (i) in the case ofa sale, the minimum price at which a sale is to be made if it is intended mm1mum; or to fix any such (ii)in the case ofa mortgage, thereof.
if it is intended the maximum amount to fix any such maximum- (b)the place where the power is to be exercised, that the power may be a declaration or, if no place is specified, subject exercised anywhere, to this Act; (c)the limit of time within which the power may be exercised.

to section (3)Subject 69(1), pose of a ship by way of sale, the to dispose subsection ( 4 ).
of the ship or share in the manner desired Registrar shall enable any such applicant in accordance with in the case of an application to dis- (4)On receiving ad apphcation made under this section, shall enter in the register Registrar forth in the application, or a certificate of mortgage, and shall grant to the applicant as the case may require.

book a statement of the particulars a certificate of sale the set A.O.

1998] GUYANA SHIPPING [No.


7 43 (5) A certificate of sale and a certificate of mortgage - (a)shall each be in the prescribed (b)shall not authorise form; any sale or mortgage to be made in Guyana, or by any person not named in the certi­ ficate; (c)shall contain a statement and and also a statement the application, mortgages the ship or share in respect given.
and certificates set forth in of the particulars of any registered affecting of sale or mortgage of which the certificate is of sale shall not be granted ship; and such a certificate 69.

(I) A certificate an entire except upnn the application, made by declaration appearing on the register mortgagees.

to be interested in writing therein, shall not be granted except for the sale of under this Part, as owners or of all persons 11.1le:s Ger.era!
for cenific.ites ol'sale (2)The power conferred in conformity with the directions by any such certificate therein.

contained shall be exercised (3)An agreement for sale entered by any such certificate into in good faith in exercise of for valuable to a purchaser the power conferred ation shall not be impeached consider power was given dying at any time the completion of the sale.
by reason of the person by whom the the giving of the power and between (4) Whenever any such certificate contains a specification of the place at which, and a limit of time not exceeding twelve months within which the power is to be exercised, purchaser impeached was given.

for valuable by reason of the bankruptcy notice shall not be consideration without a sale made in good faith to a. of the person by whom the power 70.
(I) Where a Guyana ship by a certificate a Guyana ship of sale granted is sold, in exercise of a power conferred under this Part, to persons qualified to own proceduro where ship under certifi­ cate of ,ale granted in Guyana (a)a transfer of the ship shall be made by bill of sale in the sale, when by this Part; and and the certificate manner provided duly executed, duced to a proper officer sold, and that on the certificate ship having been sold, and shall forthwith Registrar; the bill of of sale shall be pro­ at the place at which the ship is endorse and sign nt of the fact of that officer shall thereupon of sale a stateme notify the (b)the ship may be registered a new in the manner provided by this Act; and ( c) the Registrar upon receipt of the certificate of sale and the ship's certificate of registration from a proper officer No.
7] LAWS OF GUYANA [A.D. 1998 44 having endorsed each of those certificates the sale having register taken place, book.

shall thereupon enter the sale thereon an entry of the fact of of the ship in the "'here ,h,p Kegistranon"' {ic,van� sold under '4:mf>.

sale !

!ran1ed cate nf ,tale ,n a fore,!

!n 71.

(I) Where any ship registered by a certificate of a power conferred country, qualifie to persons in Guyana in accordance registered in a foreign of sale granted with this section.
state is sold in exercise under the law of that d to own a Guyana ship, that ship may be (2)Application and there shall be produced ship is transferred, of the ship.
for registration anew shall be made to the Registrar to the Registrar the bill of sale by which the the certificate of sale and the certificate of Registration (3) The Registrar, on registering - the ship anew (a)shall retain the certificates of sale and Registration, and an entry of the on each of those certificates shall endorse fact of a sale having certificates, and former taken place; and shall forward those so endorsed, to the Registrar at the ship's Port of Registry; (b)shall enter in the register book this Act required first registration ment of any registered gage enumerated as are, by to be entered therein of a ship in Guyana, or certificates mortgages of sale.
on the certificate such particulars in the case of the and also a state­ of mort­ ( 4) On such registration anew - of the ship contained in her former certi­ may be transferred without her being resurveyed, to the new and the ( a)the description of registration ficate register book, declaration same as would be required transferee; (b)all persons and appearing to be made by an ordinary on the register to be interested in to be made by the purchaser shall be the and their rights be deemed to shall be deter­ that ship as owners or mortgagees shall have the same rights, mined in the same manner, first Act and as if any unsatisfied certificates of mortgage book at that port.
mortgages or existing in the register in this in Guyana in the manner provided as if that ship had been had been entered registered Rulesu1,, cert,f>cates ,,r111011gage 72.

The following mortgage rules shall be observed as to certificates of (a)the power shall be exercised in conformity with the directions contained in the certificates; A.O.

1998] GUYANA SHIPPING [No.
7 45 (b) every mortgage executed by the endorsement by the proper officer at the place at which the mortgage is executed; thereunder of a record thereof on the certificate shall be registered (c) a mortgage executed in good faith thereunder shall not reason of the person by whom the be impeached by power was given dying at any time between of the power and the execution of the mortgage; the giving (d) whenever a specification contains the certificate of the twelve place at which, and a limit of time not exceeding months within which, the power is to be exercise mortgage notice shall not be impeached ruptcy of the person by whom the power was given; d, a in good faith to a mortgagee by reason of the bank­ executed without (e) every mortgage which is so registered as aforesaid over all mortgages on of subsequently to the date book; and in the register than one so registered.
shall, thereunder shall have priority the certificate the same ship or share created of the entry of the certificate where there are more mortgages the respective notwithstan notice, date and certificate, mortgage; (f) subject mortgagees ding any express.
be entitled one and not according: claiming implied time that each mortgage is registered before the other according or constructive to the on the ro the date of the every mortgagee is registered to the foregoing mies, whose shall have the to the same as he would have had and been su�ject to, if book on the certificate mortgage same rights and powers, and be subject liabilities, his mortgage had been registered instead (g) the discharge of any mortgage so registered of on the certificate; in the register on the certi­ by the Regis­ of such evidence to the Regis­ on the certificate ficate may be endorsed trar or proper otlicer on the production to be produced as is, by this Act required trar for the entry of the discharge register interest, in the same person or persons regard to the intervening have vested of a mortgage in the made the shall vest in whom it would, having if any, acts and circumstances, book and, on that endorsement being if any, which passed to the mortgagee if the mortgage had not been made; (h)on the delivery of any certificate of mortgage to the by whom it was granted, he shall, after as to pre­ book, in such manner in the register Registrar recording serve its priority, thereon, cancellation shall be void.
cancelled any unsatisfied cancel the certificate and enter the fact of the mortgage registered in the registe r book, and every certificate so No.

7] LAWS OF GUYANA (AO.

1998 46 1 "" or than a of the Registrar or so damaged as to be of sale or mortgage is lost or destroyed, and that the powers thereby On proof at any time to the satisfaction 73. certificate useless, if they have been exercised, things that.
have been done circumstances issue a new certificate either to be made in the register have been made or done if the loss.

destruction place.

require, thereund then, on proof of the several book, or such other things to be done, as might or damage had not taken matters, or, and may as entries or direct such er, the Registrar given have never been exercised, ik,o�auon nl u·1ul",,a1� nt ,.de 01 mnr1i.t�!

(C 74.
(C 74.

(I) The owner of a Guyana ship, or a share therein, of sale or mortgage which a certificate places where the power thereby instrument was granted to give notice ct:rtificate has been granted may, by an given is to be exercised, under his hand, authorise to the proper officer the Registrar is revoked.

at every such place that the in respect specifying of the by whom the certificate (2) Notice shall thereupon and be recorded be given accordingly it, and after it is recorded.
in respect of any sale or mortgage to.be the certificate hy the proper officer receiving shall he deemed to he revoked thereafter made at that place.

(3) Alier it has been recorded, the of effecting notice shall be exhibited to a transfer or obtaining for the purpose every person applying or mortgage under the certificate.

(4) the Registrar t:xercise A proper officer, on recording by whom the certificate of the power to which the certificate was granted whether refers has taken place.
any such notice, shall inform any previous Maritime Liens Sources maruimc uf liens 75. charterer, lien on the vessel Each of the following claims against the owner, demise manager or operator of the vessel shall be secured hy a maritime (a) claims for wages and other sums due to the master, officers and other members of the vessel's complement including in respect costs of repatriation contributions payable on the vessel, insurance of their employment on their behalf; and social (b) claims in respect ring, whether with the operation of the vessel; of loss of life or personal on land or on water, in direct occur­ connection injury (c)claims for reward for the salvage of the vessel; (d)claims for port, canal, and other waterway dues and dues; pilotage A.O.
1998] GUYANA SHIPPING [No.

7 47 (e)claims based on tort arising out of physical of the vessel, loss or dam­ other than loss age caused by the operation of or damage to cargo, containers effects on the vessel.
and passengers' No maritime 76. out in paragraphs(d) from - lien shall attach to a vessel to secure claims set and (e) of section 75 which arise out of or result Claim� IIOI rl-cogm,l-d as mantimc hen, (a)damage in connection with the carriage of oil or other or noxious substances hazardous is payable pensation for strict providing or other means of securing by sea for which com­ to any law pur_suant insurance and compulsory the claims; or to the claimant liability (b)the radio-active properties or of radio­ with toxic, explosive or other hazar­ a combination of nuclear fuel or of radio-active pro­ active properties dous properties ducts or waste.
The maritime 77. over mortgages registered under the law of bankruptcy, subsection 75 shall take priority arising rights under this Act or any preferential in section 79 and over them.

and except as provided liens set out in section 84 no claim shall (2) (b) of section take priority ,,r l'ri,,riJy r,1aruimc h.·n., ,n gcnl'fal 78.
The maritime liens set out in section 75 shall - (Julcr of rnnmy nl',na1nin1c l!rn� (a) rank in the order in which they are listed therein, that claims arising under paragraph priority the vessel prior to the time when the operations such liens were perfonned; save 75 shall take liens which have attached to giving rise to over all other maritime (c) of section (b)in the case of claims arising (d)and (e) of section themselves; under paragraphs (a), (b), as among 75, rank pari passu (c)in the case of claims arising 75, rank in the inverse under paragraph order of the time when (c) of section the claims secured thereby the claims shall on which the salvage be deemed to have accrued on the date operation was tenninated.
accrued; and for this purpose 79.

(I) Subject arises in respect to subsection of a ship in the possession (2),where of - a lien or right of retention R.ightsof,hi f}­ huilders and ship rcr>aircrs (a)a ship-builder, in order to secure claims for the building of the vessel; or No 7] LAWS UF 0L')ANA [A.D. 1998 48 (b)a ship repairer.

in order to secure claims for the repair of the vessel.

effected during such possession.

including the vessel.


reconstruction of to all maritime liens set out m section 75 but over any registered mortgage or other preferential so long as the vessel is in the possession or ship of the shipbuilder �uch right shall be postponed may take precedence rights repairer, as the case may be.
(2)If at the time of a forced sale referred to in sections 84 and 85 such or ship repairer, to the of the vessel of the of hb claim out of maritime the vessel is in the possession ship-builder purchaser, proceeds liens referred but shall be entitled of sale after the satisfaction 75. of a ship-builder possession to obtain satisfaction of the claims of holders or ship repairer shall surrender to in section Ocher hens "" vcssd, 80.

(I) Claims against operator secured rights shall of the vessel.
by a lien or other right on the vessel, other than those referred the owner, demise charterer, to in section manager or 75, may be provided that such liens or (a)be subject to sections 81 (2) and (3 ), 83 and 84(2) and (3); (b) be extinguished - (i) after a period of six months, from the time when prior to arose, unless.

thereby the claim secured the expiry of such period.
arrested or seized, a forced sale; or such arrest or seizure leading the vesel has been to ( ii)at the end of a period of 60 days followmg a sale to a bona-fide purchaser to commence on the date on which the sale is registered in which the vessel is registered sale; e with the law of the state following of the vessel, in accordanc such period the whichever period expires first; and (c)rank in priority behind the maritime section 75 as well as behind registered liens set out in mortgages.
AU1chmem ut m111ume hens and u1,11ctwn h)· lapse of 1,me 81.

(I) Subject 75 shall, subject notwiths tanding to subsection to section liens set out in section 84 (I), remain attached to the vessel, (2), the maritime any change of ownership or of registration.

(2)The maritime shall be extinguished to a vessel after a period of one year from the time when the liens relating set out in section 75 A.D. 1998] GUYANA SHIPPING [No.
7 49 unless, thereby arose claims secured vessel has been arrested the provisions force relating the to of the rules of Court or any other law for the time being in to the sale of property prior to the expiry of such period, has led to a forced sale pursuant and the arrest in admiralty proceedings.
(3) The one year period referred to in subsection (2) shall commence (a)with respect to the maritime 75 upon the claimant's lien set out in paragraph (a) discharge from the of section vessel; (b)with respect to the maritime liens set out in paragraphs 75, when the claims secured thereby (bJ to (e) of section arise; and shall not be subject or suspension not run during the period the lien holder is legally prevented from arresting the vessel.

to interruption except that time shall 82.


( I) The assignment maritime lien.

to such a maritime lien shall result of or subrogation to a claim secured by a in the simultaneous assignment of or subrogation ,\"1�nmcn1 ,11,.f ,ulun�.m,,u (2)Claimants holding maritime payable to the owner of the vessel liens shall not be entitled to the of under a contract compensation marine insurance.

83.

(I) Prior to the forced sale of a vessel.
give or cause to be given thirty of such sale to - days' written the executing notice of the time and place officer shall C'>,>!l�C forced ,ale hi i,,, �"'Cl\ (ll of mortgages rights under this Part which have not been issued to and other preferential of such mortgages and rights as have been to the bearer, whose claims have been notified to (a)all holders registered bearer; (b)the holders issued the officer; (c)the holders of maritime claims have been notified to the officer: liens set out in section 75 whose ofliens (d) the holders { e) the registered (f) 1he Registrar or rights owner of the vessel; of Ships.
and under sections 79 and 80; (2)The notice referred in subsection (I) shall be in writing and may be given by registered means.

which provide for confirmation persons published in subsection specified mail.

or by electronic or of receipt of the notice to the other appropriate in the local news media and other appropriate publications.

(I), if known, and the notice shall also be No.

7] u ws or c; tT 1.1 .. 1 I A ll 1998 1.1,-i,,•i 1.,. ""
-:,.,· d"J''"""''' l"•'cc·,;d, ,.,,,; ,,t ,,I ,.,I,· 8-L ( l) In the event of the forced sale of a \'C'>'it'I.

mortgages except those assumed by the purchaser mortgagees.

shall cease to attach to the vesseL provided , esscl is\\ ithin Guyana.

\\'ith the consl.

:'nt nf the of whatsoever natllrt'.

-.,de.

the and all liens and other encumbrances that at the time uf tilt· all rt·�1·;h:rcJ (2) In the event of a forced sc1k l)f ::i \C'i'>t'!

s - sale shall be di�tributed as fo!lm, the proc.
:eJs or (a) any sum awardt:'J by a Cl)l!rt as cos;ts and t·,penscs and subsequent such costs and l'\penses sale ot out of the arrest ,irising or seizure the vessel shall be paid out tir�t: to include crew as well as \\ages and to in paragraph (a) nf section of arrest or seizure: the costs for the upkeep of the v...-ssel and the other sums and cost<; 75 incurreJ from tllL timt: n:ferred (b) where the forced sale is that of a ..;\randed m '>unken its rcmm·al by tht.
: Port :\utlwrit) or of ...,hall ...,11all then \t.'sse!

following (ill) ana in the interest the marine evironment.

he paid out ne:-.t: the he distributt:d of ...,uch remO\al of the prnccL·ds balanCL' the cost."

of safL· na\ iganon or prn!L'cl1011 among (i) the holders ( ii)the holders (iii)the hoL'.

:rs of registered of maritime of rights liens undt't" under sections section 75: 79 and 80: prelL:r..:ntial rights.

.

',it1ns ofthi.., Part.


tl1 tllL' the respective claim:,.,: mortgagt:s ;;nd with tl1c prnvi� otht-r in au.

:nrdance L'-knt nLCL'�s,u·) 10 ...,;i1i.<,(\ (d)upon '.,<lli�l�Ktion of all claimants l.(b) and( c ).the residut.'

refrrreJ nf the pnH:eeJ..., 10 in pc1ra­ ...,hal I ht.

: graphs(a paid to !ht.

: owner ,md it shall ht.

: freely transkrahlc.

(3)The proceeds of a forced salt· shall be made .1\.111.ihlc promptly and sh;,ll be freely transfrrah!e.

in any country or a forct.


:d sale in (iuyana the sul,_ject 85.

( l) When .i ship registered h""" ,,1 "·,1,1·"·'", :l,.,,,1._·,l,'i'"l1,·, heL'll ,,1 ,·n,,,mi,r.nis, ·, the requt:...,t this Pan lwvr been comrlied -;hip i .

..., ...,o]d frt.

:L' \IHl'>L' <h<,UlllCJ salt: h,1VL' pr(l(L'L'J', hecn deposited tn lhl' pLL',()l)S cntitk·d b� 1hC purchaser.

nr thL' purchaser, of all nwrtgages, therL'IO ha..., ...,h,tlL the c.,ccutrng or,, tt.
:rritory officer then:oL <1t that thl' rrovi-;ior,., of a certificate to tht.

: cfti:ct that thl' and other rncumbrance:,., that the [lfOCCLd', of ',IJCh ... uch cxcert forn:d compdcnt to distrihutc and on hcing sati .

.,fied with.

i'>sue [lfOVidcd with the authority liL'llS (]) lJpnn production or the certificate referred (I).

the Registrar 111ortl,.

!.<1gc .-; except thost: ofShirs sh,111 Jelete from tht: rt:gistcr a:,.,sumeJ hy !ht: rurcha.,Lr, and - to in .,uh-.,cction hook all rt:[.
!i'itcrcd A.D. 1998] UUYANA SHIPP/NU [No.

7 51 (a) if the purchaser is eligible Guyana, may register purchaser if the purchaser to register the vessel in the name of such or so desires; of deregistration for the new regis­ (b)issue a certificate the vessel in tration, as the case may be.
Miscellaneous Provision for ca_se� of infancy am] disability is incapable or permitted the legal guardian or doing any act required mental illness in a ship or share therein with the registration or representative Where by reason of infancy, any person interested 86. other cause, making any declaration to be made or done in connection share therein, committee, such guardian, person appointed on behalf of the incapable person make that declaration, or a declaration and do that act in the name circumstances and all acts done by the substitute incapable as if done by the person for whom he is substituted.
or defect or any of by this Act of the ship, or any or the of that person, or if there is no any made may thereto as the manager or other administrator representative, and on behalf of shall be as effectual or of any other person by a court of competent corresponding jurisdiction on application cominittee.
of his estate, manager or administrator, interested, as nearly person, permit, implied express, book or be receivable to any rights No notice of any trust, in the register 87. be enter:ed subject vested in any other person, therein manner provided paid or advanced and powers appearing the registered to dispose shall have power absolutely by this Act and to give effectual receipts by way of consideration.
owner of a ship or of a share of the ship or share in the for any money shall and book to be on the register by the Registrar, or constructive, Notice of 1ru�t� not received 88.
In this Part the expression arising interests prejudice to under contract, "beneficial interest" includes Ocfu11t1vn hcnellc,al ot inlcrc,t and other equitable interest and without (a)the provisions from being entered the Registrar; of this Act for preventing notice of trusts book or received by in the register (b)the powers of disposition and of giving receipts, con­ !Crred by this Act on registered of this Act relating owners and mortgagees; to the exclusion of persons from the ownership of Guyana (c)the provisions unqualified ships, arising intcn:sts enforced by or against interests property.
therein, under contract or other equitable owners and mortgagees of ships in respect may be interests of their in the same manner as in respect of any other personal No.

7J I.A IVS OF 0U>A.VA [A.O.

1998 I o.,l.,l,1, "t otherwise interest the person having the beneficial X9.

Where any person has any beneficial way of mongagc in any ship or share in n ship registered some other person.
the registered imposed by this or any other Act on the owners of ships or shares therein :rnd proccc<lings penalties joinin!!

mc1y be substituted both or either than by in the name of in the ship and owner of the ship shall be subject for the enforcement of the aforesaid to all pecuniary the other of them.

interest parties.

of any such against with or ,vithout penalties !>I ill'�"U,IIH>,1 ''"'"'' '"·"'·'�'''� ,.,.

90.

(I) The name and address heing of every ship registered hook.
of the managing owner for the time in Guyanrt shall be entered in the register (2)Where there is no managing owner.

there shall be so registered of the ship is by or on behalf of the owner: .-ind any person "·hose name is so the n.-imc or such other person to whom the management entrusted registered oblig.-itinns.

owner.

shall.

ror the purposes and subject to the same liabilities.

or this Act.

he under the same ,1s if he were the nrnnaging (3)If default is made in complying of this the owner.
or if there is more than one mvner each owner shall be thereof in in the ship.

to a tine not exceeding thirty of each time the ship leaves any poi1 in sc1.

:tion guilty of ,111 offence nnd on 1.:onviction proportion thousand < luyana.

to his interest in rcsrect with the provisions be liable.

dollars slrnll I',,.,,, 1,, d"P'"'"'' 11,11,,lc,l,.,,II""'' t'I( on bdrnlf of himself or any body corporate.

9 l. When, under this Part.

any person is required di.:1.


:brntion required to be produced faction or the Registrar unable to make the declaration.

the Registrnr may, on the production such terms as he may think fit.

dispense to make a or any evidence and it is shovm to the satis­ cause that person is cannot be produced.

and sub_jcct or evidence.

that from any reasonable with the declarati.on of such other evidence to the Registrar.

or that the evidence is to \1,s.k nl "'·'�"'.c de,l,.,:011<11\, 'J�.
( I ) befnrc Declarations required to be nrnde under this Part sh,111 be made (a)a Registrar: (b)t.1 Mngistratc (c)a proper officer.

or Justice nflhe Pea1.

:e: or (2)Declarntions on behalr of a body corporate required - to be made under this Part nrny be m.-ide (a)by the secretary; (h) any other officer or of the body corporate.

authorized by that body for the rurpose.

t A.D. 1998] GUYANA SHIPPING [No.

7 53 93.


(I) Any person may, on payment of a foe of one hundred dollars or such other fee as may be prescribed at any reasonable any register book.
inspect time during the hours of his official attendance, and on11pplication to the Registrar in Adminibility cv1dm<.-c: or reiiisrer book and certilicate .. r 1q:i�tr111ion, .._-.c (2)The following documents shall be admissible in evidence in the manner provided by this Act - (a)any register book required to be kept or maintained from the custody of the under this Part, on its production Registrar or other person having the lawfol custody thereof; (b} a certificate porting officer; to be signed by a Registrar issued under this Act, pur­ of registration or other proper (c) an endorsement on a certificate to be signed by a Registrar of registration or other proper pur­ porting officer; (d) every declaration made in pursuance of this Part in re­ spect of a Guyana ship.
94.

Any person who - Fur!,(cryol docu11,cm� (a) forges or fraudulently (b) assists (c) procures altering; or fraudulently or to be forged or fraudulent ly altered, in forging alters; documents.

namely, any register certificate.

certificate or certificate any of the following surveyor's certificate of sale.

instrument this Part.


or any entry or endorsement or on any such document shall be liable thereof and to a fine not exceeding shall be guilty to imprisonment fifty thousand of mortgage required dollars, of sale or mortgage by this Part to be made in of registration bill under for a term not exceeding two years.

book, builder's declaration, of an offence and on conviction Q5.
(I} Any person who, in any declaration produced document made in the presence or proper officer under this Part, or in any to such Registrar to a Registrar or other evidence or proper officer - produced ofor 1ai-c,k.1, ... ,1 .. ,·" (a) wilfully makes or assists made any false statement of or the interest ownership ship; or (b) utters.

produces in making or procures to be the title to or concerning in any ship or share in a or makes use of any declaration or statement.
knowing containing any such false document the same to be false.

shall be guilty imprisonment l!xceeding of an offence and on conviction for a term not exceeding dollars.

fifty thousand to two years and to a fine not shall be liable thereof No.
7] LAWS OF GUYANA [A.D. 1998 54 prejudice to the provisions of subsection (I) any (2)Without who wilfully person of himself ship shall be guilty to imprisonment exceeding or of any other person makes a false declara of an offence and on conviction tion concerning or any body corporate thereof two years, and to a fine not the qualification to own a Guyana shall be liable for a tem1 not exceeding dollars: fifty thousand (3)Any ship or share therein which is the subject of any false referred to in subsection the interest declaration this Act, to the extent of declaration, authority declaration of the person making the therein unless it is proved that the declaration was made without the on behalf of whom the of the person ur body corporate was made.
(2) shall be subject under to forfeiture Procedure on of ship forfeiture in accordance to forfeiture under this Part the ship may be seized with section the High Court and the court may thereupon 96.
Where any ship has, either wholly or as to any share therein, become subject detained before equipment case as to the court seems just, the ship ship, or any share therein, as the in of the sale of the and may award to the officer bringing such portion of the proceeds for adjudication to the Government, and make such order in the 440 and brought to be forfeited order the ship and its and for adjudication court thinks fit.
PARTY NATIONAL CHARACTER AND FLAG char•cter National of ship to be declared on clearance 97.

(I) An officer of customs until the master of such ship has declared country thereupon write such name on the clearance.

to which he claims that such ship belongs shall not grant a clearance to that officer the name of the and the officer shall to any ship (2)If a ship attempts to proceed to sea without is made.
until the declaration ship may be detained such clearance the lligtu to fly n•tiOnill ofGuy•oa colours 98.

(I) A ship registered be entitled or licensed colours to fly the national of a Guyana ship.

in accordance with this Act shall (2)Nothing m this section shall be construed ships which are exempt from registration displaying in Guyana waters the national or licensing colours of a Guyana ship.
tu prohibit under this Act from Guyana (3)The national flag of Guyana constitutes the national colours of a Guyana ship.

Display national of colours 99.

(1) A Guyana ship shall hoist the Guyana national - colours (a) on a signal being made to the ship to such effect by a ship in the service of this Act; the provisions of the Government and carrying out AD 1998] 0L'lAN·I SH/l'l'ING [No.

7 (b) on entering (c)when passing (d)\vhile or leaving a warship of any navy: and in a Guyana port.
from sunrise to sunset port: any Guyana or foreign (2)If default is made on board any such ship in complying with of the ship shall be guilty of an ten to a fine not exceeding the provisions of subsection offence and on conviction dollars.

thousand (I) the master thereof be liable (3)This section in fishing.
employed shall not apply to fishing vcssc]s exclusively on board (4)When: there arc hoisted or pendant usually worn by ships of the Defence colours or the national owner thereof the pendant thousand dollars of any other country, colours if he is on board the ship, and every other person of an offence and is liable to of the colours or pendant.

is guilty and to seizure the master or colours, any Guyana ship.
any force of of the ship, or the a fine of fifty Guyana, hoisting character not qualified on board a ship ownt:d in whole or in part by any of making the IOU.

(I) If a person uses tht Guyana flag and assumes national person ship appear to be a Guyana ship, the ship shall be subject under this /\ct unless escaping rapture right.
of some belligerent to own a Guyana ship, for the purpose by an enemy or by a foreign the Guyana the assumption has been made for the purpose of ship of war in the exercise to forfeiture In, ,u,,luh i'l"n,,lt1 '""'"'"'� (,uv,u,a chaorao,c,�1 (2)In any proceeding in subsection mentioned Guyana flag and assume the Guyana national person u�mg and assuming ( l ), th(: burden the same.

for enforcing any such forfeiture the title to use the shall lie upon the character of proving as is IO I.
(I) A person who uses or permits flag on board a foreign ship for the purpose be a Guyana ship is guilty dollars thousand and to imprisonment of an offence and liable for three years.

any person of making that ship appear to use the Guyana to to a fine of twenty N.,1,.,0,,LI '"""'.l.

'.n,li,p lbµ,,,, (2)In any proceedings under this section right to use the flag and to assume the appearance upon the person using the Guyana flag.
the burden of proving of a Guyana ship is the anything with intent to be done or carries 102.

( l) If the master or owner of a Guyana ship docs anything permits or documents any pt:rson intent so entitled Act.
by the Law of Guyana to inquire or with intent to assume a foreign character, the ship shall be subject any person under this to forfeiture into the same, or with to deceive the Guyana character as aforesaid, to be carried or permits to conceal entitled any papers of the ship from or �,,,,�c,,1,u!, 1,,,va"a d,.11;,c,c, '" No.
7] LAWS OF GL'HNA [A.D. 1998 56 (2)'}/here the master of such ship commits to in subsection commissi conviction years and to a tine not exceeding on of the offence referred be liable to imprisonment fifty thousand or is privy to the on two dollars.

thereof_ for a term not exceeding (I) he shall.

'"� '"i"'' "'"'er,f>,I' .cl '""l't'1l,1·,, .. 1 103.

If an unquali �uch transmission heneficial, character a!:.

is herein before in a ship using a Guyana flag and assuming provided.
a Guyana national any interest either legal or that interest shall be subject to forfeiture under this Act.

fied person acquire5 as owner.

otherwise than by ,,(cu, .

.,,.,,l11p by persons as a Guyana ship, thc1t to O\vn a registered ship is not recognised to any benefits, I 0...\.

Where by this Act a ship which is owned wholly qualified ship shall not be entlth.

:d prot:.

:ctiun usually enjoyed or assume the national dues.
the liability committed shall be dealt with in the same manner in all respects registered by Guyana ships or tu use the national ship.

or by any persons belonging in Guyana and recognised to tines and forfeiture character of Gu)ana: on board that privileges.

to it, the ship as if it were as a Guyana ship.


advantages or colours and the punishment of offences but as to the payment of PART VI MANNING Of SHIPS AND CERTlflCA TION Of SEAf ARE RS Keeu1,,i,..,,, ,,·c,,u!u,� ,at,· """"'"'""''cl ·i''·'lotC,.m,,:i,nl !""'"'"'
,e,, '"" ,.,(,;,y,,n,,,1,,1', 105. i I} Every Guyana ship and every ship seeeking Guyana rcgis- 1ration view of safety remain from the point of voyage, and shall shall be manned by a cre,i,.· of life for 1hc purpose of 1he intended and efticient "iO manned during sufticienl such voyage.
(2)The Minister may make such regulations as he considers or expedient to provide necessary for the manning requirements Guyana ships and the qualifications of officers and for matters generality of such powers, and withoUI may make regulations and seamen of such ships therewith, prejudice IO the connected for - (a)determining the categor ies of Guyana ships by reference to their tonnage capacity, the trading areas or voyages the nature of their cargo and in which they are engaged; the manning requirements of ships as may be prescribed, in relation to such or descriptions in such areas as may be prescribed, anU in requiring ships to carry such number of qualified of any description, cooks and such number of other seamen seamen of any description as may he doctors (b)respecting classes trading particular, qualified officers and qualified or qualified specified (c)prescribing in the regulations; conditions on board any Guyana ship, or any ship as to the nationality of a person for ser,yice engaged .. in local trade in Guyana waters: , A.D. 1998] GUYANA SHIPPING [No.
7 57 (d)requiring that in any case a ship shall be under the charge of a properly at sea and in port are always kept by appropriately qualified master and that watches certificated officers; (c)requiring officers and seamen and other persons prescribed functions and maintenance of competency, or otherwise in relation to the of ships to beholders proficiency, and to satisfy including such other conditions as of qualification, as may be prescribed, and providing for the grant, revocation, performing operation certificates authorization conditions to nationality extension, variation certificates; validation, or and the form and recording suspension, endorsement of such (t)relating to the holding and conduct s, the qualifications of examinations of candidates for for such certificate such examinations examiners and the remuneration such examinations, thinks necessary examinations; and the appointment, and the qualifications removal, reappointment of the of such examiners.
the fees for and all such matters as the Minister or expedient for the purpose of such (g)providing for the exemption of persons from the whole or parts of with prescribed qualifications examinations or experience for such certificates; (h)providing curricula seafarers; for the programmes of study to be followed in the training of training of and the (i)providing for the establishment , maintenance and opera­ of persons for as seafarers, tion of schools for the training certification time institutions training; U) prescribing as recognized and designating from time to or affiliated places of before a tribunal the manner in which enquiries I 08, in the conduct of such to be followed appointed under section may be instituted the procedure and matters proceedings on such proceedings; incidental to or consequential (k)prescribing required by this Act to be prescribed.
any other matter which may be.

or is 106.

The Minister requirements exemption particular voyages.

may exempt any ship or class of ship from the made under section I 05 and such period or to one or more may be confined to a particular of any regulation issued in accordance I 07.

(I) The Director petency be prescribed, long as it remains valid in that country.
may approve in writing with any law in force in such country a certificate \ppr",al nt l<ire,;!r; ccmli,·;nc of com­ as may so and any certificate so approved shall remain approved No.
7] LAWS OF GUYANA [A.D. 1998 58 (2)Where a person holding certificate referred to in subsection (I)is desirous of serving on a Guyana ship as master, engineer, the Minister may direct that - deck officer or ( a) where the person is a citizen of Guyana he be granted a certificate (b)where the person of equivalent grade under this Act; is not a citizen issued with a licence, authorising as if his certificate Guyana ship in the same capacity been granted under this Act, of Guyana he may be him to serve on a had subject to such conditions as the Minister may impose.
(3)A licence issued under subsection (2) shall - (a)during the currency have the same force as a certificate of competency granted cancelled or suspended for like reason; under this Act and may be (b)be valid for a period and may be renewed upon such of up to five years from the date of conditions as may issue, be prescribed.

Tnbun11 Court may reicommend cancellation etc of cert1fica1e Cancellation.
elC of oertifc:ate by Mini.tier at least one of whom shall be a ship's senior officer, to enquire from time to time appoint a tribunal of three in 108.
The Minister may persons accordance whether with such provisions a seafarer - as may be prescribed, into any question (a) is suffering from any habit or any mental or physical him unfit to be a seafarer; condition rendering of dishonesty, (b) is guilty incompetence or misconduct in ( c)procured the performance of his functions his certifi misleading, false or fraudulent as a seafarer; as a result of any cate of competency misrepresentation, and any tribunal matter enquired Minister.
appointed pursuant shall, the into, make such recommendations as it thinks fit to the to this section in respect of a formal investigation under this Act finds that loss of life or loss or abandonment of, casualty I 09.

Where a court holding into a shipping or serious default of a seafarer Act, the court may recommend cancelled may be.
who holds damage to, any ship has been caused by the wrongful act or or suspended, or that the approval a certificate issued to the Minister or approved under this that such certificate be be withdrawn, as the case pursuant 110.

The Minister, tribunal by the Director, indictable offence acting on a recommendation I 09 or for an to section I 08 or by a court pursuant to section consequent on the conviction of a seafarer or such other offence as may be prescribed - made by a A.O.

1998] GUYANA SHIPPING [No.


7 59 (a)may, by instrument in writing cancel or suspend a certificate issued surrendered or directs; (b)with respect under section at such place and within I 05 and order that it be such time as he to a certificate approved under section 107, may, by instrument either indefinitely may specify in such instrument.

in writing withdraw or for such temporary the approval as he period 111.
(I) Any person who is aggrieved under section 110, cancelling an approval High Court against may be prescribed.
under this Act, may, subject such order within or suspending by an order of the Minister or withdrawing a certificate, to the (3), appeal to subsection Appeals aga1ns1 c�ncellation elc or ccnifica1c such time and in such manner as (2) The High Court may - confirm the order; the appeal and (a)dismiss (b)al low the appeal (c)vary the order as it thinks fit; (d)where the matter had been enquired I 08, allow the appeal and set aside the order; to section pursuant the matter be re-heard tribunal another appointed into by a tribunal that and direct by the same tribunal under that section; or by (3)Where, pursuant to section 110, the Minister approval on the ground that the holder cancels or sus­ of pends a certificate such certificate 110, the decision subject or withdraws has been convicted of the Minister to any right of appeal.
of an offence referred to in section and not shall be final and conclusive 112.
(I) Anyperson- Offences (a)who, serves as a seafarer on board a Guyana ship being the holder of a valid certificate to the category in which he is engaged to without appropriate or serve; (b)who, either on his own account engages or acting any person as a seafarer without such whether steps to ascertain as or agent, taking all necessary is the holder person aforesaid, in the capacity of a valid certificate appropriate an offence commits a fine not exceeding not exceeding two years.
under this Act and is liable fifty thousand dollars on summary conviction and to imprisonment to for a term (2)For the purpose that a seafarer of paragraph is engaged (b) of subsection (I), where it is to serve in any category appropriate without the to that category.

established being the holder of a valid certificate No.

7J LA /I'S OF CUYA.V" JA.D 1998 60 all th:u:ssary onus shall be on the pcrson who engages that seafarer takt:n he was engaged.

capacity steps to ascertain !hi.'


holder of a valid certificate in \vhich he is engaged to serve.

that the seafarer \Vas at the time \1,,·hen to the appropriate to prove that he has (3) An� per�on \\ ho - or assists (a)make-; or procures reprcscntc1tion for the purpose of obtaining or for any other person any certificate copy thereof: (h)forgcs, or procurcs the forging for himself.
or any certified in making any false of such assi-;ts certificate in forging or copy aforesaid: or assists (c) frmidulcntly alters in thL' fraudulent alteration of.

such ci.."rtificate fraudulently altered; or copy.

or prnu1rcs it to be (LI)fraudulently aforesaid that is forged.

or to which hi.'

is not entitled; altered.

makes use of any such ccrtilicate cancelled.

or copy or suspended (L') fraudulently lends his certificate to.

or allows it to be used by.


any other person: ( l) takes or has in his possession or such certificates any document so closely a.

'i to be calculatt:d to rL'sembling deceive.

commits an offence c11H..I exceeding e\.ceeding lilly thousa:1d t\1,:0 � cars is liable on summary conviction dollars or to imprisonment to a fine not for a term not ('f) Any person - (a)who.

not being the holder of a v,1lid (b) \vho.

during a period \Vhen.


pursuant or certificate; or approval to section I 10. his thereof is with­ certificate drawn.

as the case ma� be.

is suspended or description implying or calculated llJ tah.es or uses any title.

addition !cad persons to believe Guyana ship cnmmits an offence fine not exceeding exceeding that he is cntit!ed and is liable thousand twenty-five one year.

to ser\'e as a se;1farcr on summary convictitrn to a on a dollars or to imprisonment not (5) Any seafarer \vho.
without reasonable of the Minister under section 110 Ill surrender cause.

fails to compl) his a commits an offence and is liable on summary convictinn to with a direction certificate fine not exceeding twenty-five thnusand dollars 111 1'11e provisions certificate of this Act shall not affect the validity of any to any otht:r writkn issued pursuant law prior to the coming Fuactiona of -" ........ A.O.

1998] GUYANA SHTPPING [No.

7 61 into force of.


this Act and the holder certificate remains valid, be regarded as a penon holding a certificate under this Act.

of such certificate shall, while the PART VU ENGAGEMENT AND WELFARE OF SEAMEN Engagement or Seamen 114.
The functions of the Registrar of Seamen are - (a)to conduct all business connected with the engagement of all persons who serve on board Guyana and discharge ships and all seamen being citizens serve on foreign ships; of Guyana who (b)to afford facilities and discharging by keeping registers of the names and conduct for engaging seamen of - (i)seamen who apPly to him for engagement; shipped or discharged (ii)seamen (iii)seamen who produce by him; certificates of continuous discharge ships; in proof of service in foreign or Guyana (iv)seamen who serve in Guyana ships.
(c)to cause copies of the certifica tes referred to in paragraph (b)(iii) to be kept at his office; relating ( d)to perfonn such other duties apprentices enactment relating to seamen, and ships as are by this or any other to shipping entrusted to him.

to subsection 115.

(I) Subject enter into an agreement seaman whom he engages and carries master of any ship shall enter into such an agreement in Guyana or carries whom he engages crew.
(2) the master of a Guyana ship shall c- with this Act with every to sea as one of his crew, and .the with every seaman to sea from Guyana as one of his with in accordance ...,.._ (2)Subsection (I) shall not apply in any case where the ship concerned on an international voyage.
does not exceed twenty-four metres, and which is not engaged (3)The Minister may waive the requirements (I), or he may vary the contents of the approved section agreement in respect of any ship ifhe considers it expedient to in sub­ stipulated fonn of the crew do so.

No.

7] LAWS OF GUYANA [A.D. 1998 62 (4)The Minister pertaining 111ay make regulations to the engagement of of meters and which are not engaged on an for the engagement of seamen in respect seamen and matters vessels international voyage.
under twenty-four Coments of e<ew agreemenu 116.

(I) A crew agreement dated at the time of the first signature master a seaman signs his name.

before shall be in the prescribed form and shall be thereof.
and shall be signed by the (2),he crew agreement and other names of the seaman, the surname date of his birth, obligations following particulars of each of the parties, and shall state clearly shall show the place at which it is made, his birth-place, and his age or the respective rights and the and shall as terms thereof contain (a) the name of the ship in which the seaman undertakes to serve; (b)either and, as far as is practicable, the dura­ voyage or engagement, or the voyage or engagement , which months, and the port at which it the nature tion of the intended maximum period of the shall not exceed is intended or ports of the engagement twelve is not to extend: the crew shall be discharged.
and the places world, if any, to which the voyage or (c)the nunber and description (d)if possible.
of the crew: the place and date at which each seaman is to be on board or lo begin work; in which each seaman is to serve; (e)the capacity (t)the amount of wages which (g)the prescribed furnished to seamen: scale of the provisions which are to be each seaman is to receive; (h)the time that is to expire after arrival at the port of discharge before (I)any regulations the seaman is discharged; as to conduct on board and as to fines, and other lawful punishment for misconduct which been made by the Minister adopt; have which the parties agree to (i) a list of persons under the age of eighteen years a:1d the dates of their birtl1s.
(3)The crew agreement shall be so drawn up as to admit of such stipulations whether are not contrary to be adopted respecting to law.

at the will of a master and seaman in each case.

of wages or otherwise, as the advance and allotment (4)An agreement by - shall be terminated madt:: to employ a seaman under this section (a)mutual consent (b) the death of the seaman; of thereto; or A.O.

1998] GUYANA SHIPPING [No.

7 63 (c) the loss or total unseaworthiness of the ship.

I 17.
For the purpose of maintaining discipline ships, may make regulations the Minister for - on board Guyana for Regulations disciplinary offences (a) any misconduct on board as a disciplinary the master or such an officer enabling designated committing disciplinary against fines for by the master to impose fines on seamen for the hearing of appeals offences; (b) the procedure offence and as may be offences; disciplinary (c) the setting up of a disciplinary committee of persons in the ships and for the exercise employed of those members of the powers of the master offences; with disciplinary by all or any in dealing (d) the payment offences.
of fines for disciplinary 118.

Where any conduct offence with as a disciplinary that provisjon.

against against any of the provision is both a disciplinary offence and· an Same offences s of this Act, then if it has been dealt offence it shall not be dealt with as an offence ·I 19.
The following crew agreement waters of Guyana - provisions made in the case of ships trading shall have effect with respect to a from and beyond the relating Procedures to certain crew agreements (a) the agreement shall, subject of this Act to the provisions as to substitutes, be signed by each seaman; (b) the Registrar of Seamen shall cause the agreement to be to each seaman or otherwise read over and explained ascertain before he signs it am:!

shal!
shal!

attest each signature; shall be that each seaman understands the agreement the agreement (c) when the c•ew is first engaged, signed in duplicate, the owner and the other shall be retained and shal.l signatun.
'; of the ship; to the first·departure is engaged ebntain ofsubstitutes a special or persons and one part shall be forwarded to · by the master place for the descriptions engaged sub·s·efiuent and the agreement in the place of a seaman and whose services are, ( d) where a substitute who duly signed within twenty-four lost by death, master shall, practicable, cause the agreement substitute, same in the presence the signature; attest hours of the ship proceeding to sea, the or other unforeseen desertion cause, before the ship proceeds to sea if and if not, as soon as possible to the sign the shall thereupon and the witness shall and the ,substitute to be read over and explained of a witness thereafter, ( e) an agreement may be made for a voyage or, if the voyage of the ship averages less than six months in No.
7] LAWS OF GUYANA [A.O.
1998 64 may be made to extend over and an agreement as made to extend over two to as a "running is in this Act referred two or more duration, voyages, or more voyages agreement''; (f) a running agreement shall not extend month period of time next following making of the agreement or the her port of destination after the termination period; of the ship at of that first arrival beyond the twelve the date of the (g) on every return to the port where the crew was engaged the final termination shall make on the agreement of a running agreement, an endorsement before master to the engagement engagements intended to be made before all those made have if the master such endorsement willfully or discharge or discharges of seamen, have been the ship leaves been made as required the as either that no made or are port, or that by law, and in any makes a false statement of an offence; retained by the owner on the crew shall be kept by the (h)the duplicate he is guilty crew agreemept the first engagement of owner for a period the agreement therefor officer; (i)except by the Registrar as provided in section of Seamen or other proper of seven years after the expiration of and shall be produced demand made shall not purport to hear and determine to deprive disputes respecting the agreement.
135 a crew agreement any court of its jurisdiction rrovmons Further a� lO crew �!

!<ecmcnt 120.

( 1) The master shall, voyage or engagement, omitting accessible the signatures to the crew.
cause a legible to he displayed at the commencement of every foreign copy of the ere\\ agreement in some part of the ship which is amendment (2)Every erasure, ment, except additions persons engaged effect unless proved to have been interested or alteration made for the purpose of shipping of the ship, made with the consent in the erasure, amendment or alteration.
after the first departure shall be without of all persons in any crew agree- substitutes or (3)In any proceedings, a seaman may introduce or otherwise of any crew agreement or giving notice to produce to support or any copy the agreement his case evidence to prove the contents without producing thereof.

(4)Every person who fraudulently alters, a false copy of, any crew agreement makes any false entry is guilty in, or delivers ofan offence.

A.O.

1998) GUYANA SHIPPING [No.

7 65 121.


In no case shall stipulations adopted to the laws of the flag state of the ship in matters conditions by the parties relating on board ships.

of seamen and masters of employment to wages and be contrary supul11ions not 10 be con1rarv In h1w or Oag ,111e 122.
(I) Subject seaman discharged his wages, a certificate the period to section from his ship, either 177, the master shall sign and give to a on his discharge of in an approved of his discharge and the time and place of discharge.

of his service or on payment form specifying Seaman·� eotilicaie of diKharge (2)A certificat e of discharge under subsection (I) shall not con­ tain any statement as to the wages or the quality seaman.
of work of the discharged (3)The master shall, upon the discharge of every certificated officer whose certificate by him, return the certificate to the officer.

of competency has been delivered to and retained 123.
(I) When a seaman is discharged thereof called in which the master- a "character report", shall make and sign a report in the prescribed from a Guyana ship, the mastern .... ,cr,q,,,n form, in this section (a)shall report on the conduct, character and qualifications of the seaman who is being discharged; or (b)may state that he declines character-and to give any report on the the seaman who qualifications of conduct, is being discharged.
(2)The master before whom the discharge made shall, seaman a copy of the character 177 and if the seaman so desires, report on him.
subject to section of a seaman is being give the (3)A person is guilty of an offence who - ( a) makes a false report of character knowing the same to be false; (b)forges or fraudulently alters any certificate of discharge or character (c)fraudulently report or copy of a character report; uses any certificate of or that does not is forged or altered discharge or character report, that belong to him.

in the ship shall be discharged 124.


Where a Guyana ship ceases to seaman employed consents in writing case provisions and the power of the disputes ship had remained to continue of this Part relating Registrar about wages shall apply in relation registered in Guyana.
his employment in the ship and, in such a wages to the payment of a seaman's of Seamen or other proper officer to decide to his wages shall as if the be registered he from the ship, unless as such, any nn Oisc;harge ehan11e or ship rqtislry No.

7] LAWS OF GUY ANA [A.O.

1998 66 Employment of children or persons under cighleen yean of age Changes in crew of cenain ship, 125.
(I) No person any Guyana ship except • under the age of sixteen years shall be employed in (a)upon work approved ship; or or training school-ship certifies (b)where the Director by the Director on board a to the health due regard person and to the prospectiv him of the employment, beneficial to him.
and physical having that he is satisfied, of the condition e and immediate benefit to that the employment will be (2)No person in any Guyana ship unless in any capacity Master of the ship a certificate Practitioner certifying capacity.
under the age of eighteen years shall be employed there has been delivered by a duly qualified that such person is fit to be employed Medical in that granted to the (3) Every medical certificate under subsection (2) - (a)shall be valid for one year from the date of issue, unless and earlier revoked; (b)may at any time be revoked practitioner fit for work.
if he is satisfied by a duly qualified that the person medical is no longer (4)No person under the age of eighteen employed apprentice to work in the engine-room working under supervision.

of any ship, unless years shall be is an that person shall, before leaving 126.

( 1) The master waters and accurate statement, takes place in his crew before finally shall be admissible Guyana, in evidence.
of every ship trading from and beyond Guyana sign and send to the Director a full in the prescribed form of every change which leaving Guyana and that statement (2)Any master who without ofan offence.

is guilty with this section reasonable cause fails to comply the progress or for any other reason of a voyage of a ship, the master to have command or of the in the command or charge ceases is of the ship, and, is succeeded c....,..,,m,.a 127.
(I) Where, during removed, superseded charge ship, by some other person, ofregistration ship and to the without reasonabl he shall and the various deliver documents crew thereof which are in his custody; of an offence.

e cause to do so, he is guilty to his relating successor to the navigation and if he fails of the the certificate (2)The successor to every master the command of a ship, enter in the official log book a list of the documents immediately to him.

so delivered shall, on assuming A.O.


1998] GUYANA SHIPPING [No.

7 67 128.
(I) The Minister may necessary or expedient to provide for - make such regulations as he considers of Regulaiions for conditions Je1Vice (a)the conditions ships and of Guyanese (b)matters connected of service of persons serving in Guyana ships; citizens therewith serving and, in particular, relating in foreign to - of seafarers; of made contrary to (i)apprenticeship (ii)engagement by (iii)the implementation to sea service; foreign ships of Guyana citizens; of any international to the employment, welfare, con- vention security, relating certification or status (iv)the avoidance such regulations (v)wages in general, employed conditi and apprentices persons working seafarers agreements as may be prescribed; thereto and the rights related of securing safe in Guyana ships, for ons, health and welfare employed to be provided (vi)the accommodation in ships; ces on board ships, and apprenti standards relating apprentices on board; and of accommodation to the accommodating of seafarers and for seafarers and the locations and all questions (c)the employment of persons under the age of eighteen years.
(2)In making such regulations, the minister shall of the International Labour have due regard to the following conventions Organization, namely (a) (b) (c) (d) Mininum Standards in n Concerning.
Conventio Ships (1976); Merchant Concerning Convention Board Ship and Manning Convention Concerning ( 1946 ); Seafarers Convention Board Ship (Revised), Provisions), Wages, Hours of Work on 1958); (Revised the Medical Concerning J 970 Crew Accommodation 1959, and (Supplementary on Examination of and any other Conventions Organization as may be relevant.

and Recommendations of the said provided forms or other writings 129.
(I) Except where otherwise pondence, language, master any document lists, in a prescribed form save that to the English documents, and in the case of the crew agreement, official log book and a foreign language version of thereof.

version in this Act, all corres-"""""""" shall be in the English -· may be appended language No.
7] LAWS OF GUYANA [A.D. 1998 (2)All written signs 68 displayed on with, if it is considered board a Guyana ship shall be in by the to be necessary the English master, a foreign language language version appended thereto.

Crew's knowled!,le of English of.

or includes 130.

(I) Where in the opinion ship consists persons of their duty because to them in the course of English orders in a language Director proceed shall inform the master to sea, and may be detained.
and the absence of the Director who may not understand orders insufficient the crew of a Guyana given knowledge for transmitting the knowledge, of their arrangements of which they have sufficient and the ship shall not of his opinion of adequate (2)If a ship goes to sea or attempts to proceed to sea in contraven-tion offences.

of this section both the owner and the master are guilty of Time and manner of payment WlijH of 131.
The master or owner of a Guyana ship trading from and to that ship his beyond Guyana waters of the ship at the wages, if demanded, ge, or upon the seaman's port where the crew is to be discharged whichever pay to each seaman belonging two days after the arrival shall within first happens.

dischar Acco11n1 of WlijCS i 32.


(I) The master dischrirging this Act a full and true account deductions to be made therefrom a seaman, deliver of every Guyana ship shall, at the time and in the manner provided before paying off or by of the seaman's for any reasons whatsoever.

wages and of all (2)The account shall be delivered his discharge or paying off.

to the seaman not less than twenty-four hours before Ded11ctions from .. .,.

A deduction from the wages ofa seaman shall not be allowed 133.
(I) unless it except account is included in the happening of a matter in respect after the delivery.

delivered in pursuance of section 203 during (2)The master shall, of which the deductions in respect purpose, of wages and also upon the hearing before complaint and shall if required or question relating payment.

produce to that enter the various the voyage, ·are made in a book kept for that the book at the time of the payment any competent authority matters of any Settlement of wage:i 134.
(I) When a seaman is discharged, completed, he shall sign a release, respect by the master of the past voyage or engagement; or owner of the ship.

in an approved form, of all claims shall be signed and the release and the settlement of his wages in (2)The release, so signed and attested, shall operate as a mutual discharge respect of the past voyage of all demands or engagement.

and settlement between the parties thereto in A.O.

1998] GUYANA SHIPPING [No.


7 69 \3) The release shall be delivered to and retained by the owner for a period produced proper officer.

of seven years after the expiration on demand made therefor by the Registrar of Seamen or other of the agreement and shall be and whatever nature a master the or owner and any of his crew is before the Registrar the same to him, the Registrar, 135.
Where a question, of whatever between amount in dispute, raised submit so submitted; conclusive the submission provided of the parties; of the award shall be admissi as to the rights and an award made by him on the submission and a document purporting in the manner ble in evidence shall be to be of Seamen and both parties shall hear and decide by this Act.
agree in writing to the question Rqiistrar·s de<:ision as towatiCS claims or discharge the owner or his agent or the master under this Act before the Registrar of a seaman, the Registrar or any mate or other any log books or other documents to wages, 136.
(I) In any proceeding Seamen relating may require member of the crew to produce or power relating possession the attendance may require are then at or near to a matter of and may examine and may administer in the proceedings the place on the matter, in his and who any of those persons in question oaths.
of Reti:mrarmay ship's require documents (2)In any proceedings to the wages, and other expenses under this Act before the Registrar of ge of seamen, or dischar by the Registrar or disputes shall be met by claims Seamen relating all travelling the owner or master incurred of the ship in dispute.

.

ofa Guyana shipRa1eofe1tchantie with the master of or on account of his wages or any part thereof currency, of his wages if made in any other currency 137.
Where a seaman has agreed for payment payment that stated agreement, agreement made, and such rate of exchange proper in the agreement be made at the rate of exchange for the time being current any than notwithstanding anything in the for the amount stated in the is by a at the place where the payment on the agreement shall be endorsed officer at that place in a specific shall, .

between of Seamen or a proper as to wages is raised and the amount does not exceed fifteen thousand or a proper 138.
Where, before the Registrar question seaman, Registrar the question officer is of the opinion by a court, he may refuse to decide that the question it.
party, decide shall be final; but if the Registrar or a proper or owner of a ship and a dollars, the officer may, on the application either is one which ought to be decided and the decision the master officer, a Reti:islrar 1n1y W&ijC Settle disputes of up to lifteen thouslU!d dollan; by the master of a ship or person in a ship otherwise than under a crew agreement 139.
In any proceedings employed recovery that the delay in paying dispute amount or to any other cause not being the wrongful for the it appears to it to a reasonable of the person claiming the of the act or default the sum was due to a mistake, of any sum due to him as wages, or to the act or default as to liability Court m1y1w..-d interest on w1iiea due where lhere is noaew •ti:rcement the court, unless No.
7] LAWS OF GUYANA [A.D. 1998 70 to make the payment or their servants to the sum due, interest on may order or agents, it at the rate of twenty per annum or such lower rate as the court may specify, beginning for the seven days after the sum became due and ending when liable person them to pay in addition percent period the sum is paid.

no1es Allotment to this section, 140.

(I) Subject ment note issued to which he will become entitled Guyana ship.
in accordance a seaman may, by means of an allot­ with regulations, allot a part of the wages in the course of his employment in a (2)The Minister may make regulations - (a)relating to the limitations to which a seaman's right to make an allotment are subject; (b)prescribing (c} relating to the right of a person the form of allotment notes; named in an allotment note to sue in his own name.

�·�:�1:7naiw 141.
�·�:�1:7naiw 141.

(I) Where the service contemplated place abroad by reason of his unfitness voyage, termination such seaman shall be entitled but not for any further in the agreement period.
of a seaman terminates by reason of his being left on shore at a to proceed or inability to wages for time served on the up to such before the date (2)Where the service in his agreement of a seaman terminates of the loss by reason contemplated on which he is employed, of each day on which he is in fact unemployed of the service months from the date of tennination was entitled employlllt"'lt.
he shall be entitled at that date, except so far as he obtains to receive before the date the ship or foundering during a period of two at the rate to which he wages in respect other suitable Protection of riJ:lhU seaman· s and remedies to subsection (3) a seaman's lien on a ship, his for the recovery of his wages, his right to wages in case of the 142.

(I) Subject remedies wreck or loss of the seaman's the nature agreement.
of salvage ship, and any right he may have or obtain in shall not be capable of being renounced by any (2)Any stipulation in any agreement inconsistent with subsection (I)or any other provision of this Act shall be void.

(3)Subsecti with the seamen belonging agreement.

remuneration is to be employed on (I) does not affect any term ofan ag1ec.

:ment made with the to a ship which, in accordance to the which then relates on salvage ship.
by that rendered services service to be paid to them for salvage Claims against seaman's for main1enance wages 143.

(I) Where, during incurred tl1e expens..:s by a Public a seaman's employment in a ship, expenses Officer for the benefit of any of his dependents are and are of a kind specified in the regulations made and such A.O.

1998] GUYANA SHIPPING [No.


7/ 71 further may by notice conditions, in writing as may be so specified the persons are satisfied, the public the seaman - employing require officer (a) to retain for a period of his net wages as may be so specified, specified in the notice such and in writing of the officer notice proportion (b) to give to the public discharge seaman's from the ship, employing to subsection (3), and give notice and the persons subject seaman.
the seaman shall comply with the notice, in writing of its contents to the (2)For the purposes of this section - (b) expenses and no others, persons, dependants, under the age of sixteen shall be taken to that is to say, his spouse years, and for whom he or in (a) the following be a seaman's any person is liable respect contribu for the purposes of any law to maintain, of whom he is liable tions to a local authority, under such law to make include incurred expenses for the benefit to any payments incurred and of any person, made to him or bn his in addition behalf, him with for providing supervision or care or for exercising accommodation over him, but no expenses in the court regulations unless has power under any law to order the making of thereof.
payments they are such that a magistrates shall be specified in respect (3)No more than the following proportion wages shall be retained or more notices that is to say - under subse�tion (!)

whether of a seaman's in pursuance net of one (a)one-half, if the notice or notices relate to one dependant only; (b)two-thirds, if the notice or notices relate to two or more dependants .
(4)Where a public officer has served a notice under this employing a seaman, a magistrate court may, on on the persons section the application of such sum, not exceeding were required those persons to the expenses havMlg regard thinks fit.

means.
means.

of the officer, make an order for the payment the proportion by virtue of this section to the officer of the seaman1s wages which to retain, by the officer and the seaman's incurred as the court (5)Any sums paid out of a seaman's order under this section wages; shall on the persons and the service, of an be deemed to be paid to him in respect of his of such wages in pursuance who employed the seaman, No.
7] LAWS OF GUY ANA [A.D. 1998 72 an order or of an order dismissing terminate the period for which they were required for such an order shall to retain an application the wages.

(6)An application for an order under this section who employed for the payment of any sum by the persons the purposes of any proceedings, to be an application the seaman; when served on those persons, as an order against them but the order, and may be enforced accordingly.
for an order against shall have effect a seaman shall be deemed, for (7)Any notice or order under this section may be served by registered post.
(8)The Minister may make regulations - specifying (a) the expenses in respect notice by a public officer under subsection that must be satisfied of which a (I); (b) any conditions to be served; if such a notice is may be served (c)the period that may be specified in such a notice being a period beginning ending a specified from his ship; discharge with the service number of days after the seaman's of the notice and (d)the form of such a notice and the information lo be therein; contained ( e) the amounts computing and the amounts specified include amounts allotted 140. section to be deducted from a seaman's wages in of this sCction, his net wages for the purposes under this paragraph may by allotment notes issued under ,�mc<u�-.
Muter'� r°' iemunerauon and d,shuuements permit, 144.

(I) The master of a Guyana ship, so far as circumstances shall have the same rights, of his for the recovery wag�s as a seaman has for his wages under this Act or any other law.
liens and remedies (2)The master of a Guyana ship, and every person lawfully acting as master of a ship by reason of the death or incapacity of the master of the ship, so far as circumsta rights, properly for the recovery for the recovery by him on account made or incurred of his wages.
liens and remedies of the ship as a master has nces pennit, has the same of disbursements or liabilities from illness (3)Where, in any proceedings regarding of wages or of the disbursements (2), any rights of set-off respect subsection may enter into and adjudicate then arising or outstanding proceeding.

and may direct or counter-claim and settle upon all questions and unsettled payment of any balance all accounts between the parties to the found to be due.
or liabilities mentioned is set up, the court the claim of a master in in WajC5 no110 dcpcT1 d on r,dgh1 145.

(I) The right to wages shall not depend on the earning of freight, and every seaman who would be entitled and apprentice to demand and A.D. 1998] GUYANA SHIPPING [No.

7 73 to all other rules of law and conditions any wages if the ship in which he has served recover subject shall, case.
be entitled freight proof that the seaman has not exerted himself ship, cargo and stores, to demand and recover has not been earned; but in the event of wreck, shall bar his claim for wages .

has earned freight, applicable to the that the to the utmost to save the the same notwithstanding or loss of the ship, seaman or apprentice (2)Where a by virtue of this section entitled before the wages are paid, a voyage.
as the wages of a seaman who dies to demand and recover they shall be paid and applied during who would, but for death.

any wages, dies in the same way be 146.

A seaman shall not be entitled which he unlawfully before for any period committed by him, unless during which he is lawfully or after the time fixed by the agreement the court hearing or neglects refuses to wages for any time during whether to work when required, for him to begin work.

or imprisoned the case otherwise for any offence directs.
147.

(I) Where a seaman is, by reason forming his duty.

and it is proved that the illness own wilful the time of engagement, during duty.

or is a sickness he shall not which he is, by reason act or default.
of the illness, be entitled or infirmity wilfully concealed at to wages for the period incapable of performing his of illness, incapable of per­ has been caused by his cau.sed lllne.,.s l>y own default (2)Subsection (I) does not affect the right of any seaman to any payment providing or other benefits for compensation to which he may be entitled to injured or sick workers.
under any law relating to a seaman's of the voyage, wages it is been convicted of the court hearing {'o.sts ol pwcurmg WIWIC1101> by imprisonment or otherwise, 148.

When in any proceeding shown that the seaman has, in the course and punished an offence the case may direct exceeding properly punishment.

one month's incurred any part of the wages due to the seaman, in reimbursing not any costs wages, to be applied by the master in procuring the conviction and 149.
Where a seaman who has signed an agreement of the agreement discharged than in accordance with the terms otherwise is - lmprnper dl'chal)le (a)before the commencement (b)before one month's or wages are earned, of the voyage: or owner, fault and without without master the damage caused to wages; and he may recover earned.

in addition his consent, from the he is entitled to any wages he might have earned.
due for to receive him by the discharge, not exceeding one month's that compensation as if it were wages duly No.

7] LAWS OF GUY ANA [A.D. 1998 l'r,>tl'd"'" \lf wage, 150.
(I) The following seaman 74 provisions apply to wages due or a,,cruing to a (a)subject to section 143, wages are not subject to by an Y and any law relating to attachment maintenance court; (b)an assignment or sale of wages before they are due does not bind the person making it; (c)no power of attorney or authority for the receipt is and irrevocable; (d) a payment standing encumbered.
of wages to a seaman is valid in law notwith­ that the wages have been assigned, or (2)Nothing in subsection (I) affects of this Act the provisions with respect to allotment notes.

(3)Nothing of wages - the application in this section applies to any disposition to relating of contributions tu a fund declared by (a) in the payment regulati ons to be a fund to which this section (b) in the payment of contributions membership of a body declared applies.
body to which this section applies; in respect of the to be a by regulations Leave and holiday!

on a Guyana ship, or for the same employer, 151.

(I) Every person is entitled service with pay, or to a proportionate duration of after twelve months to an annual part of the annual leave with pay, the of continuous leave which shall be - (a)in the case of master and officers, not less than eighteen working days; and (b)in the case of other members working twelve days.
of the crew, not less than (2)For the purpose of calculating the time at which annual leave is due (a)periods between consecutive in the reckoning shall be crew agreements referred of continuous service included to in subsection (I); (b)short interruptions of service not due to the act or fault and not exceeding of the employee in any twelve periods of (c)continuity service of service months do not break the continuity and follow that precede them: and is not interrupted by any change in a total of six weeks of the the management person concerned or ownership has served.
of the ships in which the A.D. 1998] GUYANA SHIPPING [No.

75 (3)The following shall not be included in annual leave with pay - of service (a) interruptions (b)public holidays.

due to sickness or injury; and ( 4) In addition entitlement to the mem-ber of the crew of a Guyana ship is entitled leave with pay in lieu of public service is less than twelve pro-rated.
then the annual holidays; months, and if the length of continu ous pay shall be leave with to nine days annual under subsecti on (I), every 142, a seaman or a person duly authorized 152.

(I) Subject to section on his behalf, may, as soon as any wages due to him become payable, for them in a court having jurisdiction terminated owner or other person upon whom the claim is made, resides.
or at which he has been discharged, or at which any master in the place at which his service has sue or Seaman may sue for wages (2)A court upon complaint on oath made to it for the purposes may summon the master or owner or other of proceedings person to appear before the court to answer the complaint.
under this section (3)Upon the appearance of the master, owner or other person, the witnesses and their respective court may examine upon oath the parties the complaint regarding such order for the payment and just.

and the amount of wages due, and may make of any wages found due as appears reasonable (4)Where a master, owner or other person does not appear, owner or other person was duly the court, on due proof that the master, summoned, regarding such orde, for the payment and just.
may examine on oath the complainant and his witnesses the complaint and the amount of wages due, and may make of any wages found due as appears reasonable (5)Where an order under this section for the payment of the twenty-four wages is not obeyed within the magistrate may issue a warrant awarded to be due b y distress person on whom the order is made together expenses enforcement to levy the amount of the wages of the and sale of the goods and chattels and with all the charges and levy and the in connection with the incurred distress of the order.
hours after the making thereof, (6) Where sufficient distress cannot and expenses be found the court ship in on the to be levied may cause charges the amount of the wages, respect of which the wages were thereof, levy may be made whom the order for payment prison for a term not exceeding save that if the ship is not within earned or on the tackle and apparel no the jurisdiction of the court, cause the person upon on the ship but the court may is made to be arrested three months.

and committed to No.


7] LAWS OF GUYANA [A.O.

1998 Jurisdiction of High Court rn the recovery uf wages 76 153.

The High Court has jurisdiction by or on behalf action, where apprentice suit or proceeding for the recovery instituted of wages, to hear -and determine of any seaman any or (a)the owner of the ship is bankrupt; (b)the ship is under arrest or is sold by the authority of the High Court; or (c)a magistrates court refers the claim to the High Court.
Puwer to rescind contracts are instituted in a court in relation of a ship and a seaman, arising as such, or is institut ed for the purpose to a out of of it to all the circumstances between an owner or master 154.

(1) Where proceedings dispute or incidental this section, thinks and the seaman, or any contract thinks to their relationship the court may, if, having regard any contract between or any contract or article it just to do so, rescind just.
between the owner or master the owner or master and seaman, s of apprenticeship, upon .such tenns as the court (2)The jurisdiction of a court under subsection of this (I) is in addition independently that the court can exercise to any other jurisdiction section.

Property of Deceased Seaman Property deceased of seaman 155.
(I) Where any seaman belonging voyage, the master belonging to the deceased seaman of the ship shall take charge to a Guyana ship dies during of any money or effects that are on board the ship.

a (2)The master shall enter in the official log book - (a)a statement of the amount of the money and a description of the effects; and (b)a statement of the wages due to the deceased, the if any, to be made from the amount of deductions, wages and the balance of the wages due.
(3)The entry shall be signed by the master and attested by a mate or some other member of the crew.

!

4) The master, if he thinks fit, may cause any of the effects of a deceased seaman to be sold.

(5)The master of the ship shall without delay furnish the Registrar seaman.

of Seamen with a statement of the property of the deceased (6)The money, effects and balance sections are in this Act referred (I) to (3) and the proceeds to as the "proper of the sale mentioned ty of the seaman".
of wages mentioned in sub­ in subsection (4) AO 1998] GUYANA SHIPPING [No.

7 77 (2), the property 156.

( I) Subject to subsection delivered.
personal representative, case may be, for disposal by the master of a ship by the most practicable means, to the representative to the Registrar of Seamen or to the proptr of the deceased; of the seaman shall be officer or, if there is no personal as the r,openy - Deli,·ery of deceased s�aman · s (a)in accordance distribution deceased persons or last resident; or succession with the law for determining of personal the property of was of the place in which the deceased (b)in accordance jurisdiction of the deceased.
with the order of a court having to determine of the property the distribution (2)A master may deduct from the property of the seaman any expenses properly incurred in complying with subsection (I).

(3)After complying with subsection (I), the master of account to the Registrar of Seamen respecting shall deliver the property of a statement the seaman.

157.
A person is guilty obtaining, either seaman for himself or for any other person, of an offence, who for the purpose of of the any property Forgery nf documents alters (a)forges or fraudulently any document purporting to show or assist in showing (b) makes use of any documen1 fraudulently (c)gives or assists altered in giving as described any right to that property; that has been forged or in paragraph or procures to be given any (a); false evidence the same to be false; knoWing (d)makes any false representation knowing the same to be false; or (e)assists in procuring to be given or made knowing the same to be false.
any false evidence or representation Occupational Safety 158.

(I) The Minister practicable, and seamen employed injuries by them.
sustained safe working may make regulations conditions in Guyana ships, as far as is for securing, for masters of and safe means of access and requiring the reporting Occupauon,11 safety regulat1,;m (2)Without tions under this section may prejudice to the generality of subsection (I), regula­ (a)require the maintenance, inspechon and impose conditions on its use; or regulate the use of any material equipment prohibit, and testing of any or (b)require, process; No.

7] LAWS OF GUYANA [A.O.


1998 78 (c)require the provision and use of any protective clothing or equipment; (d)limit the hours of employment operation specified (e) make provision or in any specified for the discharge, by persons of seamen in any appointed circumstances; from among the persons employed in a ship, of functions the arrangement in connection with made under regulations.

s to be (3) In making regulations have due regard to the Convention Occupational Accidents Organization.
to Seafarers under this section, the Minister shall of Labour (I 970) of the International the Prevention Concerning Provisions Prov1st0ns and waler 159.

( I J The Minister may also make regulations prov1s1ons and for seamen employed ships or any class of ships as may be specified water to be provided such requiring in Guyana in the regulations.

(2)The Minister made under this may exempt any ship from any requirement generally or in respect section, either of a of regulations particular voyage.
(3)Where the provisions are not complied section guilty of an offence he proves that the failure with in and is liable of any regulations made under this the case of a ship the master or owner is to a fine of one thousand dollars unless to comply was not due to his neglect or default.
(4)Where a person empowered under this Act to inspect the pro- and water to be supplied to the seamen employed that they are in accordance with regulations in a Guyana ship made under visions is not satisfied this section the ship, if in Guyana may be detained.

as ComplainlS ,n provisions and water that the provisions 160.

(I) Where three or more members of the crew of a Guyana ship cotisider for the use of the crew are, at any time, of bad quality thereof who may either them to be examined.
of Seamen or the proper officer or an inspector, or water complained or water provided or deficient examine the provisions to the Registrar they may complain in quantity, of, or cause (2)Where the person making an examination finds that the provisions quantity, he shall communicate ship, and if the master does not thereupon for human consumption or water are of bad quality that fact in writing ofan offence.
he is guilty provide under this section or deficient of to the master of the provisions or water, fit (3)The person making the examination the result of the examination in the official shall enter a statement log book and send a report of AD.

1998] GUYANA SHIPPING [No.

7 79 to the Registrar thereof evidence in the manner provided by this Act.

of Seamen, and that report is admissible in (4)Where the person making the examination certifies in his state-ment complainants exceeding one week's wages.
that there was no reasonable to forfeit ground for complaint, each of the to the owner out of his wages a sum not is liable 161.

(I) If during the voyage of a Guyana ship the allowance provisions provided those provisions compensation for the deficiency as may be prescribed amounts recoverable or any of for a seaman is Jess than that prescribed by way of for so long as to be paid to him in addition it lasts, such to, and to be the seaman shall receive are of bad quality, or bad quality, as, wages.
of for Allow•nce shon or bad jfrov1s1on1 (2)Where the deficiency occurred because the provisions could or supplied not be procured substitutes taken into consideration compensation reduced in lieu thereof, those circumstances of subsection for the purposes or denied accordillgly.

shall be (I) and the and proper equivalent in proper quantities were supplied are supplied 162.
(I) The master of a Guyana ship in which provisions to the crew shall keep on board proper weights and measures of the and the master shall allow the several provisions of a witness weights and measures distribution about the quantities.

and articles distributed; to be used in the presence of the provisions any dispute and articles whenever at the time of arises Weights 1nd measures (2)A master who fails without of an offence.
(I), is guilty subsection reasonable cause to comply with Health and Welfare 163.

(I) The Minister necessary in any capacity respect of such persons.

for the medical may make regulations examination of all persons as appear to him to be Malical ficness regulation1 seeking employment certificates in on board ships and the issue of medical (2)In making regulations have due regard Seafarers ( 1946), to Convention of the International Concerning under this section, the Medical Labour Organization.
shall the minister of Examination 164.

(I) The Minister accommodation to be provided in Guyana ships.

may make regulations with respect to the crew Crew accommoda· lion regulations (2)Without prejudic e to the generality may, in particular of subsection - (I), regulations made under this section (a)prescribe provided the minimum space per person by way of sleeping accommodation which shall be for seamen No.

7] LAWS OF GUl'ANA [A.O.
1998 80 and the maximum nwnber of persons by whom a specified part of such sleeping accommodation may be used; (b) prescribe the equipment to be provided for the sleeping accommodation, and galleys in a ship; mess rooms, sanitary accommodation ( c)regulate the spaces in the ship in which the crew or any part thereof may be located and accommodation the standards to be observed in the construction, equipmentand furnishing of any accommodation; such (d)provide for the protection of the crew against injury, condensation, heat, cold and noise on a ship; (f) require (e)prescribe sanitary facilities to be supplied the water, heating, lighting, ventilation on a ship; to a surveyor of any works proposed of ships of plans the submission and and specifications out for the purpose of the provision or alteration such accommodation inspect (g)provide to be carried of any and authorize any such works; the surveyor to for the maintenance and prohibit and repair of any such of any or restrict the use than those for for purposes other accommodation such accommodation which it is designed; (h) provide for the inspection, and crew accommodation on a ship and its certification the purpose of ascertaining tonnage.
measuring and marking of for (3)Regulations made under this section may exempt any ship or any class of ship from any requirements of the particular regulations.

(4)Regulations made under this section of a ship or any officer authorized such inspections of the crew accommodation as may be prescribed.
the master by him for the purpose to carry out may require (5)\\'here the provisions of any regulations in the case of a ship, the owner or master made under this sec­ of is guilty tion are contravened an offence and the ship, if in Guyana, may be detained.

(6) In this section accommodation, catering include any accommodation of passengers.
includes 11crew accommodation" store rooms and mess rooms, sanitary accommodation, but does not for the use of seamen, which is also used by, or provided ·accommodation provided for the use sleeping (7)In making regulations to the requirements On Board Ship (Revised have due regard Accommodation Provisions, shall the Minister Crew Concerning 1949) and (Supplementary on.

Organizati of the Convention under this section, 1970) of the Internati onal Labour A.O.

1998] GUYANA SHIPPING [No.

7 81 165.


(I) Every Guyana ship of one thousand from beyond the waters of Guyana shall carry a duly certificated ship's cook.

gross tons or more trading c�mnc.i cuul Ju be umcd (2)Where in the opinion of the Minister there is an inadequate ship from cooks he may exempt a particular supply of certificated ships, the requirements of this section for a specified period.

166.

(I) The Minister carry such medicines.

instructions medical and advice, as may be specified stores.
may make regulations requiring appliances Guyana ships to and books containing �1echcal r�gula!hm, �!urn in the regulations.

(2)The owner and master of every ship shall ensure that the ship medicines.

medical carries with the scales stores.

appliances (I).

subsection laid down under and books in accordance (3)Where an inspector is of the opinion that the medicines stores.

or quality medical quantity notice in writing ship may be detained.
thereof appliances and books on a Guyana ship are deficient in or are placed in improper receptacles.

he shall give owner or agent of the ship.

and the to the master.

any surgical 167.

(I) Where the master of, or a seaman belonging or medical receives treatment, ent of c111: appliance.

repair be postponed without impairing the the reasonable as cannot oi the master or seaman, shall be borne by his employer.

including the or such der.t�I or optical treatment.
efficiency to a Guyana ship or replacem expenses thereof \kdK�I pra,1,!1t•,1c1, 1,, h<·uu1L<·,I (2)Where the master or seaman dies and is buried or cremated his country outside shall be borne by his employer.

of residence.

the expenses of his burial or cremation I 68.

(I) Every Guyana ship trading that proceeds shall carry on board as part of her complement practitioner.
from a port with not less than one hundred persons on board medical a duly qualified from and beyond Guyana waters I,., l:,pcuw, ,ncd,ud u,·aunrnl .ualh.,.,;,I (2)The owner of a Guyana ship is guilty to a tine of one thousand in respect the ship on which is in contravention dollars of subsection (I).

of an offence of each day every voyage of and liable 169.

(I) The Minister to be called the National advising seamen.
him on the measures may, by regulations constitute an advisory board Seamen's Welfare Board for the purpose of to be taken for promoting the welfare of Wclbrc lluard for ,caman·, wcll'arc (2)Regulations made by the Minister pursuant to subsection (I) may contain of the Board.

such provisions as he may think fit for the proper functioning No.

7] LAWS OF GUYANA [A.D. 1998 82 Fac1h111,, for mak1n11 complaints 170.
(I) Where a seaman while on board a Guyana ship informs the the master proper or any of the crew, the master go ashore, the complainant to of the ship that he wishes officer or the Registrar shall, to make a complaint against so that he can make his complaint as soon as the service allow of the ship will permit, of Seamen, the master - to a magistrate, (a)if the ship is then at a place where there is a magistrate, proper officer or the registrar of seamen, (b)if the ship is not then at such a place, at that place; upon her arrival or at such a place.
(2)A master of a ship who fails, without is guilty to cause, reasonable of an offence and liable to a fine of five comply with this section, thousand dollars.

Protection of Seamen from Imposition A"1gnmen1 Mlle or salvage and to this Act, an assignmen 171.

Subject able to a seaman that is made before the salvage person making the assignment authority for the receipt its terms.
of any such salvage pay­ t or sale of any salvage accrues does not bind the or sale, and a power of attorney may be revoked or of regardless Seaman·, debis 172.

A debt exceeding earn in� as indicated he is engaged to serve, concluded.

a prescribed in the crew agreement, percentage if incurred until the service of a seaman's total by the seaman after agreed is not recoverable for is Provisions as to Discipline Endangerin8 or ship lire 173.
The master by wilful breach influence of alcohol or drugs or any member of the crew of a Guyana ship who or by neglect of duty, or by reason of being under the (a)does any act tending or serious destruction immediately endanger to, or on board, belonging to cause the immediate damage of the ship, or tending the life or limb of a person loss, to the ship; or (b)refuses or omits to do any lawful act, proper and be done by him for preserving the ship from or for damage, requisite, to immediate loss, preserving from immediate destruction any person belonging or serious to life or limb, danger to or on board ship, is guilty imprisonment for twelve of an offence and is liable months.
to a fine of ten thousand dollars and to GencnJ ofrenca apinat diK.ipline 174.

(I) Where a seaman or apprentice engaged on a Guyana ship - A.D. 1998] GUYANA SHIPPING [No.
7 83 (a)leaves the ship without at a port leave, after it's arrival to forfeit he is liable and before it is placed in security, out of his wages a sum not exceeding any lawful command, he is liable one week's pay; to for one month, and to forfeit out of his (b)wilfully disobeys imprisonment wages a sum not exceeding two days' pay; disobeys neglects to imprisonment (c)continually and wilfully tinually offence and is liable and to forfeit for every twenty-four or neglect disobedience days' pay or any expenses hiring (d) assaults a substitute; either any lawful command, or con­ his duty, he is guilty of an a sum not exceeding incurred properly two in for three months, hours continued the master or any mate or officer of the ship, he of an offence and is liable to imprisonment for is guilty one year; (e) combines with any of the crews to disobey lawful commands or to neglect duty or to impede the of the ship or the progress navigation is guilty one year; of an offence and is liable he for of the voyage, to imprisonment (t) wilfully damages his ship, or dishonestly mis­ appropriates criminal damages, offence and is liable forfeiture thereby sustained; or converts to his own use, or commits of, or wilfully breach of trust in respect any of its stores or cargo, he is guilty of an for one year and to to imprisonment out of his wages a sum equal.
to the loss (g)commits an act of smuggling, whereby loss or without to pay to the master to reimburse to any further remedy; in satisfaction to the master or owner of the ship, of an offence and is liable damage is occasioned is guilty the loss or or owner a sum sufficient part of wages damage and the whole or a proportionate of that or on account may be retained liability (h)aids or procures prejudice a person to stow away on his ship, and of the offence, he is to imprisonment and to pay to the master or owner of the that person is afterwards convicted guilty of an offence and is liable three months, ship a sum sufficient to reimburse occasioned stowaway, wages may be retained that liability, to that master or owner in respect of the and the whole or a proportionate part of his or on account to any further remedy.
in satisfaction the expenses prejudice without for of (2)A seaman or an apprentice shall not be guilty after his ship has arrived ( I) by reason only of his refusing and has been secured under subsection strike satisfaction of the master and the port authority at a port in Guyana.

of an offence duty during a lawful in good safety to the No.
7) LAWS OF GUYANA [A.D. 1998 84 (3)A forfeiture offence under subsection salary sufficient in any one month, and shall leave the seaman a sum which is for his maintenance and that of his dependants.

or other payment (I) shall not exceed one-half in respect of an of one months's imposed not C0nv1ct10n lo afTec, other remedies 175.
Where a seaman lawfully to a Guyana ship engaged or an apprentice belonging (a)deserts from his ship, he is guilty and is liable of the offence of he leaves he is liable to imprisonment to forfeit for three months, all or any part of on board and the wages which he desertion and in addition the effects has then earned and, where the master or owner of the ship has a substitute of wages than the rate at which wages had been stipu­ lated to be paid to him, to satisfy in his place at a higher rate that excess; engaged (b)neglects or refuses without reasonable cause to join his the period for a port either before the ship sails or during the to sea in his ship, or is absent progress leave and at any time without from his ship or his duty, without of twenty-four hours at the of a voyage, or is without ship or to proceed leave at any time within immediately commencement absent sufficient reason and the act or omission does not constitute by the master as constituting he is guilty of the offence leave and is liable to imprisonment and in addition is liable to forfeit out of his wages a sum not exceeding two days' pay and for every twenty-four hours of absence either expenses properly in hiring the offence of absence without for two months, in addition a sum not exceeding six days' pay or any a substitute.
of desertion, or is not treated incurred Jrnprnper nc1,:011auon of advaocc note has received under his agreement 176.

(I) Where a seaman belonging engaged negotiating his ship or deserts of an offence imprisonment his advance note wilfully therefrom before the note becomes and is liable to a fine of five thousand dollars for two months.
to a Guyana ship being lawfully an advance note, and after or through misconduct fails to join payable, he is guilty and to (2) This section shall not limit or otherwise prejudice any remedy, by suit or otherwise (a)of any person in respect note; or advance of the negotiation of the (b)which an owner or master would otherwise have for breach of contract.

Certificalc of discharge mav be wuhhcld 177.


Where it is shown to the satisfaction Seamen that a seaman lawfully engaged in of and belonging of the Registrar to a Guyana A.D. 1998] GUYANA SHIPPING [No.
7 85 or through misconduct may direct for such period of discharge failed to JOln his ship, the shall be of discharge certificate seaman's as he may think fit, and while the the custody of that the seaman's having any person is so withheld, anything may notwithstanding in this Act or any other ship has wilfully Registrar withheld certificate the documents enactment certified extracts refuse to furnish copies of any particulars of any of his certificates .

of service or character of discharge or 178.


Where a seaman on or before being engaged fraudulently offence and is liable for two months.

wilfully of an and to imprisonment of his own name, he is guilty makes a false statement to a fine of five thousand dollars Falsemtemen1 lhip IS 10 last and 179.
(I) Where it appears to the Minister that due facilities will be given by the government recovering Minister such foreign country contained cations from a Guyana ship, the shall apply in the case of conditions in that country that this section a seaman who deserts declare of a foreign country for apprehending and to any limitations, may, by order, and qualifi­ in the Order.

subject Desfflen.
subject Desfflen.

frum foreiJn 1hip, (2)Where a seaman or apprentice deserts in Guyana a ship regis­ applies, the master of the ship may deserter, in apprehending the tered in a country to which this section apply to a court for assistance and its officers shall give all assistance purpose the court may, on infonnation the deserter to be conveyed or mate of the ship or to the owner of the ship or his agent to be so conveyed.
on board the ship, or delivered given on oath, issue a warrant for and the court and for that to the master within their power, a question 180.
Whenever man or apprentice are forfeited Guyana ship, it shall be sufficient forfeiture to show that - as to whether arises the wages of a sea­ under this part for desertion attempting to enforce the for the person from a Proof of d-nioo wllen w•ga are to be forfeited (a)the seaman or apprentice to the ship, belonged was duly engaged in or (b)he left the ship before the completion of the voyage or engagement, and (c)an entry of his desertion was duly made in the official log book, shall thereupon and the desertion of wages under this Part, unless to any forfeiture relates a proper apprentice can produce show to the satisfaction leaving so far as it the seaman or can otherwise of discharge or for of the court that he had sufficient reasons be deemed to be proved certificate his ship.
181.

(I) Where any wages or effects are forfeited desertion from a ship, the effects from sale the money arising may be sold, and the wages or effects of the effects shall be applied towards under this Part for or Appliu.hon of forfeiture No.

7] LAWS OF GUYANA [A.D. 1998 86 the expenses reimbursing of the ship, and any balance Seamen.
caused by the desertion to the master or owner remaining shall be paid to the Registrar of (2)Where any wages are forfeited under this Part for any cause other than desertion, provision the wages are payable.

the forfeiture shall, in the absence of any specific to the contrary, be in favour of the master or owner by whom Question of forfellure dtt1ded 1n s..ut fOf wages Deduction of fine from wages concerning 182.
Any question the wages of a seaman or apprentice with respect any proceedings that the seaman or apprentice gives rise to the question.

instituted the forfeiture under this Part may be determined in of, or deductions from has not been prosecuted to those wages notwithstanding for the offence that 183.
A fine imposed on a seaman the fine, which his agreement for any act of misconduct to the following shall be subject imposes for - (a)on the offender being discharged, and the offence and by this Act to to the of the Registrar or owner shall deduct thereof being proved of Seamen or proper officer, the entry in the official log book required be made in respect satisfaction the master er.
the offender: the Registrar, and if the master without reasonable cause of an offence; the fine from the wages shall be paid to or owner of the ship fails so to pay the fine he is guilty and the fine so deducted (b)an act of misconduct paid by or deducted not be otherwise punished from the wages of under this Act.

for which a fine is imposed the seaman shall and seaman Persuading 10 desert.

and harbouring deserter 184.


Where a person by any means whatever to join or proceed or an apprentice to neglect or to dGserf his ship, or otherwise guilty to a fine often thousand ofan offence, and is liable to absent or refuse himself from his duty, he is dollars.

a seaman persuades to sea in his ship, l'enallr on ilowaw;ivs the consent 185.
(I) Where a person secretes without in charge he is guilty and to imprisonm of the ship or of any other person entitled and is liable and goes to sea in a ship the owner, master, or a mate or of the person to a fine of five thousand of an offence ent for three months.
himself of either to give that consent, dollars (2)Every person who goes to sea in a ship without a consent (I) shall, so long as he remains in the ship, be in subsection mentioned deemed to belong preserving constituting of the crew and had signed discipline, or encouraging to the ship, and be subject to the same laws for and to the same fines and punishments as if he were a member a breach of discipline, the crew agreement.

for offences A.D. 1998] GUYANA SHIPPING [No.


7 87 anything in any agreement, his employment 186.
(I) Notwithstanding ployed in a Guyana ship may terminate the ship in contemplation leaving giving to the master not less than forty-eight hours to do so, and shall not be compelle to sea in the forty-eigh such a notice in Guyana and securely but shall be of no effect unless at the time it is given the ship is a seaman em­ in that ship by of a trade dispute after d unless the notice is withdrawn t hours following moored in a safe berth .
the giving of such a notice; or furtherance of his intention to go notice Trade diiputcs 111vol�·iny.

5eamen (2)In this section "trade dispute" between and seamen, or between seamen and seamen which is or or the terms of with the means any dispute employment or non-employment of labour, of any person.

employers connected employment or with the conditions 187.
Where on or in respect of a Guyana ship - Offences to be (a)an offence is committed (b)an act of.misconduct under section 174 or 175; or is committed for which the agree­ ment of the person committing to enforce the fine - ilis intended it provides for a fine, and (i)an entry of the offence or act shall be made in the official log book and signed by the master and also by an officer or one of the crew; (ii)the offender, if still in the ship, shall, before the from arrival of the ship at any port; or be furnished with a copy of the entry next subsequent if it is at the time in port, before its departure port, either or have the same read over distinctly to him, and may thereupon thereto (iii)a statement make such reply as he thinks and audibly that a copy of the entry was so furnished or that the entry was so read over, and in either case the reply, if any, then made by the offender, shall the manner aforesaid; likewise and be entered and signed in fit; (iv)in any subsequent legal proceedings, shall, if practicable, the entries be or proved, and if they are not the court the case may in its discretion refuse to made under this section, produced hearing receive evidence misconduct.
on the offence or act of Relief and Repatriation provided 188.

(I) Except as otherwise of a seaman in a of every agreement at a port other than the Guyana ship that, where the agreement port of engagement, the seaman will be returned to a proper return port at the expense into for the employment of the master•or in this Act, it is an implied term owner of the ship.

terminates entered Rq,Wiation ofaeaman No.

7] LAWS OF GUYANA [A.O.


1998 88 ( 2) The owner, master or agent of the ship shall rr.ake such incurred to defray all expenses as are necessary for the arrangements return of a seaman pursuant to subsection (I).
(3)The responsibility of the owner, master or agent under - an obligation section includes this (a)to pay the cost of maintenance and medical treatment that is necessary proper return port; at his for the seaman until his arrival and (bJ to ensure that the seaman does not become a charge upon the state.
(4) Subsection (I) applies whether an agreement terminates - (a) by effluxion of time; ( b) by an act of the parties; (c)by shipwreck; (dJ by sale of the ship; (e)by the inability of the seaman to proceed in the ship by reason of sickness or injury; or (f) by any other cause.

Seaman to bear t�µense of repatrn1.l'[,n ,n certain cue,, 189.
(I) A seaman who of his ship as a result has been left behind or discharged from his (a)desertion; (b)imprisonment; or (c)inability infirmity engagement, to proceed that was wilfully to his ship because of an illness or concealed at the time of his is not entitled 188. section to be returned at the expense of the master or owner under ( 2) The owner, master or agent of the ship from which a seaman in s u bsection (I) has been left behind or discharged, shall make of thereto.
mentioned all arrangements the seaman to a proper return port as if the seaman were entitled to defray all expenses for the return necessary incurred (3)An owner, master or agent may penses incurred pursuant to subsection seaman at the time he left the ship or out of the proceeds on board the ship.

any of his effects left from the sale of be reimbursed for any ex­ (2) out of any wages owing to the (4) Notwithstanding (I) or (3), the owner.
master or agent shall ensure that the seaman does not become a charge upon the state.

subsection A.D. 1998] GUYANA SHIPPING [No.

7 89 190.
7 89 190.

(I) Where a seaman is to be left behind or discharged his ship at a port other than his port of engagement, Seamen or proper officer may demand from the owner, master or agent, guarantee for the proper discharge imposed by section 188orl 89. of any obligations from r of a the Registra Duwof Reg1>1rar (2)Where a guarantee required under this section is refused his consent to the the Registrar discharge of Seamen or proper officer may withhold .

of the seaman concerned I 91.


Where a seaman is eligible or periodical any enactment providing receipt thereof at the expense payments and receives medical aid to receive of his employer under the terms of the or sick workers, to injured for compensation - Eff1.-.
:t ul \\01�111,111', (a)removes any right of the seaman to receive medical treatment receives under section 188, to the extent that he that medical (b)removes any right of the seaman aid; and to receive maintenance under section receives I 88, to the extent and for so long as he the periodical payments.

188 to 191 inclusive 192.


Sections foreign vessel that engages a seaman or apprentic "owner" in such a case includes any person appointed owner, or the charterer agent and who was so acting at the time the seaman or apprentice engaged.

e in Guyana; and or nominated by the to act as his is on demise charter, was apply in respect of a if the vessels \l'l'loc·.11,on ,,•,sc•h 1i,n·1�11 "' 193.
(I) Where a seaman belonging other than a proper return section statement wages due of the effects to him at the time port.

the master of the ship shall.

subject log book a left on board by the seaman and an account of enter in the official to a Guyana ship is left at a place to this and as soon as practicable, when he was left behind.

I\ .,gc, a11d c1l<.,,ts ,,t ,c.rn1.111 lei', hchmd (2)On the termination of the voyage during which the seaman the master was left behind.
proper officer, purt at which the voyage terminates, account.

within forty-eight hours after the arrival shall furnish to the Registrar of Seamen or of the ship at the a delivery account and a retention (3)The master shall.

proper officer, furnish such vouchers verify and retention the <ielivery accounts.

if required by the Registrar as may be reasonably required of Seamen or to ( 4) The master of a ship shall deliver to the Registrar of Seamen or proper officer.
in a delivery account and, subject subsection (5), the amount due on account to any reimbursem ent allowed under of wages as shown in that if he will receive them, the effects of a seaman as shown No.

7] LAWS OF GUYANA [A.D. 1998 and the Registrar 90 or proper officer shall give to the master a account.

receipt for any effects or amount so delivered.
(5)The master of a ship is entitled account to retain that appear out of the wages any to the Registrar to the master of the ship and for of Seamen to be owing or payable sums shown in a retention or proper officer that purpose retained in the delivery raised and paid the Registrar or proper officer shall allow those sums to be by the master out of the amount due on account of wages shown and, so far as that amount is not sufficient, to be account to the master out of the effects.
(6)Before allowing any sum to be retained or to be raised and of Seamen or proper officer may be require that the sums declaration or otherwise by statutory that paid.

the Registrar evidence be provided are owing or payable to the master of the ship.

(7)The Registrar of Seamen or proper officer shall deliver to such person at such time and in such the and shall render such accounts in respect of the wages and effects remainder manner as may be prescribed, thereof as the Minister may direct.
(8)In this section· (a)"delivery account" 1i1�ans an account of the effects and wages of a seaman left behind or owing at the time a seaman leaves or is discharged (b) "retention means an account from the ship: and account" of any expenses caused to the master or owner of a ship by the absence of a seaman from the ship due to his desertion, neglect to join his ship.
or conduct an offence under section in the case of a seaman who is not entitled at the expense of the master or owner of the ship any provision made for the of the seaman to a proper return port.

return 174 or 175. including, to be repatriated constituting l,.,t,,i,1,"1 or for any damage to the effects 194.

1'11c master of a Guyana ship is not liable effects discharged to the Registrar occurred s,hip.
of Seamen or proper officer that the loss or damage the master's neglect or consent for any loss of of a seaman left behind or port.

if the master proves at a port other than his proper return after the seaman left his without I 1.1h1l,lt 1;,"'''"'"''"' <>I 193 except that, if after the wages or effects with respect to anything of a seaman done is not liable 195.
(1) The Government under section have been dealt with under section instituted by the seaman against by 1hc master or owner of the ship against \\ages.

reasonable of the court made with respect shall if notice afforded opportunity the Minister the owner, master or agent of the ship, or in respect of those the seaman, is given to him of the proceedings and a him of appear[ng, comply with any order to the wages or effects so far as he can do 193 any legal proceedings are A.O.

1998) GUYANA SHIPPING (No.


1 91 so out of the wages and effects remitted the ship.

to him in respect of the voyage of (2)The Minister is entitled to appear and be heard in any pro­ ceedings referred to in subsection (I).
(3)The Minister may, if and so far as he thinks fit, meet any are not actually the owner, master or agent of the ship in of any wages or effects dealt with under section thereof, claim by a seaman against legal 193 although respect if the Minister has proceedings given notice to the master or owner of the ship and the master or owner of the ship has not given written notice notice being given, and any expense subsection of objection incurred by the state as a civil debt.
is recoverable within ten days of the by the Minister taken in respect under this ( 4) For the purpose of this section, any legal proceedings or any claim made by a person in whose favour an allotment are to be treated as proceedings taken or claim made by the seaman.

note has been made 196.

(I) Any sums remitted under section of effects under that section, section, shall be retained and not disposed by the state.
193 or arising of in accordance from the sale with that Payment Government to (2) The master of a ship who, without reasonable prejudice cause, con­ to any other travenes liability section to which the ship might be subject.
193 is guilty ofan offence without 197. where Section 193 do as not apply in the case of an absent seaman Non-application ofsection 193 (a)the master of a ship satisfies the Registrar of Seamen or proper officer that none of the effects of the seaman have to his knowledge been left on board the ship and that he has paid all wages due to the seaman; (b)the amount of wages earned by the seaman, after taking made in respect of into account any deduction or advances alloments the crew agreement, less than one thousand dollars; appears is made by for which provision to be from the agreement (c)the master of the ship satisfies or proper the Registrar officer that the net amount due to the seaman on account of wages, after taking into account any deductions lawfully made in respect otherwise, (d)the question advances dollars; or is less than one thousand or of allotments, of forfeiture of the wages and effects of the lawfully seaman has been dealt with in proceedings of the voyage or within instituted hours of the arrival forty-eight which the v oyage terminates.
before the termination of the ship at the port at No.

7] LAWS OF GUYANA [A.O.

1998 92 Sale of seaman· s effects 198.

(I) The effects by the Registrar fit when' they are delivere contrary.

of a seaman described in section 193 may be sold of Seamen or proper d to him unless officer in such manner as he thinks the Minister directs to the (2)Where the effects may be sold by the Minister to the seaman.
delivered are not sold pursuant as and when he thinks to subsection (I), they they are fit unless (3)For the purposes of section 193 "effects" includes the proceeds of any sale of the effects of a seaman.

and Ma,mcnance rc1um of seaman 1t\YL>luntanly 1crm111atmg.

�rv,ce 199.(!)
Where during seaman belonging of the seaman, consent to a Guyana ship terminates the master of the ship shall, the service of a than by the to - otherwise in addition the currenc y of his agreement the seaman a certificate of discharge required by (a)giving this Act; and (b)paying to the seaman the wages to which he is entitled, make adequate return of the the details provision in accordance seaman to a proper return port; and the with this Act for maintenance and master shall record of these provisions in the official log book.
(2) Where a master fails without reasonable cause to comply with subsection proper return port - (I), the expenses of maintenance and of the journey to the (a)if defrayed to him; and by the seaman, as wages due are recoverable (b)if defrayed by the Registrar are a charge officer upon the ship to which of Seamen or proper or any other person, the seaman belonged.
(3)A charge upon a ship under subsection (2) (b) may also be recovered (a) from the person who is the owner of the ship for the time being; (b)if the ship has been lost from the person who was the owner of the ship at the time of the loss; (c) if the ship has been transferred from the to some person, owner for the time being; or (ct) from the person who was the owner of the ship at the time of the transfer, at the suit of the Registra defraying the expenses, public moneys, as a debt due state.
r of Seamen or proper officer or, if the expenses, out of have been defrayed or other persons A.D. 1998] GUYANA SHIPPING [No.

7 93 200.

(I) Where a Guyana of ship is transferred unless seaman belonging to complete writing to that ship shall be discharged the voyage of the ship if it is continued.
of, any in or disposed he consents on D1sehar11e change of ownership (2)Where a seaman is discharged to the certificate under this section of discharge the pro­ of visions of this Part relating the seaman to a proper otherwise agreement.

than by his consent return port apply as if his service during to be discharged and the return had terminated the currency of the of a Guyana ship shall not leave a seaman behind 201.
(I) The master at any foreign port or place except accordance Registrar certifying of Seamen or proper the cause of the seaman with this Act, unless the master officer endorsed being left behind; when the seaman is discharged has had the certificate of the in on the crew agreement when Certifica1e seaman left behind and, the cause is unfitness disappearance or otherwise.
or inability to proceed to sea, desertion, (2)The Registrar of Seamen or proper officer to whom an under this section is made for a certificate application grounds if he thinks thinks just, on which a seaman fit, administer but a certificate is to be left behind oaths and grant or refuse the certificate may not be unreasonably withheld.

as he may examine the and, for that purpose, may, 202.

(I) Where the master 200, or 201 he is, without of this Act, guilty dollars.
of the ship fails to comply with section 199, Offences limiting of an offence and is liable under any other provision to a fine of ten thousand his liability (2)In a prosecution that the certificate for an offence under section 20 I the onus of or could not be obtained was obtained delay to the ship or was unreasonably withheld is upon the without proving reasonable of the ship.

master ofa Guyana ship leaves 203.


(I) Where the master any foreign port or place on the ground of his unfitness proceed required seaman; the account to sea, the master by section and, if that person 20 I a full and true account is the proper induplicate.
shall deliver to the person officer, the master signing of the wages due to the at Account of Wll8e5 of or inability to suman left behind the certificate a seaman behind shall deliver (2)A master required account to a fine of thirty under subsection thousand dollars.

who fails without reasonable cause to deliver the (1) is guilty ofan offence and is liable 204.

(I) The master seaman left behind sea, if such officer will receive on the ground the wages.
shall pay to the proper of his unfitness officer the wages due to a or inability to to proceed Payment of seaman's wages to proper officer No.

7] LAWS OF GUYANA [A.O.

1998 94 (2)Where a payment is made under this section, with the account, shall furnish a receipt the proper for the officer, if satisfied payment.

(3)A payment under this section shall be made, whenever prac­ ticable, in cash, and where not so practicable, by bankdraft.
(4) A master by this section, who fails without is guilty reasonable of an offence and is liable cause to pay wages as to a fine of provided thirty thousand dollars.

Application of wages of seaman left behind 205.
Where the wages due to a seaman left behind on the ground of his unfitness to sea are paid to and accepted Registrar the following by the officer shall deal with them in or inability of Seamen or proper officer, that to proceed manner - (a) where the seaman subsequently obtains or leaves the port at which the payment the officer shall obtain such as the owner or master is by this Act required defray, and pay the remainder to him an account on his behalf; to the seaman and deliver and expended employment has been made, out of the money any expenses of the money received at to (b) where the seaman dies before his ship leaves port, the officer shall deal with the money as part of the property of a deceased seaman; and ( c) where the seaman is sent to a proper return port at under this Act, the officer shall account expense public for the money to the Minister, expenses such expenses is required dealt with as wages of the seaman.
duly incurred in respect as the owner, master or agent of the ship by this Act to defray, the money shall be and after retaining of the seaman except any of Relief distressed seaman 206.

(I) Where a seaman - (a) is found in any place outside Guyana after having been shipwrecked of having (b) by reason from a Guyana ship; or been discharged or left behind from a Guyana ship in any place outside in that place, Guyana is in distress the Registrar seaman in accordance with th is Act.
of Seamen or proper officer may provide relief to that (2)Relief is provided to the seaman when provision is made - (a) for the return of the seaman at the expense of the to a proper return port and also for his necessary clothing Government, and maintenance until his departure for such a port; A.O.

1998] GUYANA SHIPPING [No.

7 95 death, for funeral (b)in the case of (c)in addition, in the case ofa shipwrecked repayment of any expenses to port after his shipwreck being so conveyed.
incurred and his maintenance and expenses; for the seaman, in his conveyance while (3)A seaman for whom relief is provided under subsection ( l)(a) is included within the expression "distressed seaman" in this Act.

are incurred by a consular officer on by the 206 or are incurred under section Repayment of rclichnd return ,-xpcn,.., of a foreign country 207.
(I) Where any expenses behalf of the Government government country or foreign government available purpose for the purpose by the National by the Government Assembly.
and are to be paid to, such foreign officer may pay to the consular out of any moneys the amount of the expenses the Minister or out of any money appropriated for that (2)All monies paid by the Minister if any, due to a distressed seaman, under subsection is a charge (I) together u·pon the with the wages, ship to which the seaman belonged, and is a debt due to the Government (a)from the owner, master or agent of the ship at the time of the loss; (b)where the ship has been transferred, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer; (c)and where the ship is a foreign ship, from the person, who engaged the seaman for service in the ship.
(3)A debt under this section, may be recovered in addition by the Minister to any fines and consular on behalf of the of law in the manner in which wages are process fees incurred, Government recoverable by ordinary by the seaman.
(4)In any proceedings for recovery of a debt under this section, of an official account of the expenses incurred in by or on of the expenses with this Act, and proof of payment of the Government is prima facie proof that the expenses were or repaid under this Act by or on behalf of the Government of the production accordance behalf incurred Guyana.

is guilty 208.

A person of a Guyana ship, wrongfully behind, place.
forces a seaman ashore a seaman to be wrongfully who, being the master or crew him at any left behind or otherwise of an offence causes and leaves Fnrcin!!

a.shore 209.

For the purposes of this Part, a proper return port is either - Pro�r return ""'' (a)the port at which a seaman was shipped (b) a port in the country to which he belonged; or engaged; or No.

7] LAWS OF GUYANA [/\D.

1998 96 (c)in the case of a discharged seaman.

to by the seaman at the time of his discharge.

some other port agreed 210.


(I) A seaman may be sent to a proper able route.

return port by any reason­ (2) Provision may be made for the return ofa seaman either by - (a)providing employment on board a ship him with suitable to a proper that is proceeding need of seamen to make up its complement: or the seaman with a passage transport journey.
aircraft his maintenance or in other public during the (b) providing i11 any ship or and by providing for return port and that is in (3)Where the master vide for the return of a discharged master his journey, considers proper of providing with a proper to defray may.

instead deposit sufficient return port.

officer the expenses of a ship is required under this Part tu pro- seaman to a proper rewrn port.
the the seaman's passage or the expenses of such sum as the proper of the return of the seaman to a officer (4) Where a seaman is repatriated as a member of a crew.

he is for work done during the voyage.

entitled to the appropriate remuneration RNlllll n!

,e1w" pon 21 I.

(I) When any question be sent, or as to the route by which he should decided Registrar of Seamen or proper port a seaman is to be sent.

the question officer.


as to what return by the arises shalt be (2)In deciding the question of a seaman's return pon.

the Registrar of Seamen or proper officer shall have regard both - (a)to the convenience of the seaman and to the expense involved: and (b) to the fact that a ship is in need of seamen to make up its to a proper if such is the complement port or to a port in the virinity case.

and is about to proceed thereof.


return (3)Nothing in this section relieves the owner from the obligation and expense ufreturning the seaman to his proper return port.

\hn,1e, m�, 111,,v,dt' 1,·,,,1"""'" r<·l,d 212.

(I) The Ministt�r mont:y on the temporary shipwrecked.

destitute he deems it necessary, spend advisable, of a or otherwise distressed relief i11 such manner as he thinks may, whenever seaman (a)not otherwise entitled the laws of the country to relief to which his ship belongs: under this At.
:t or under A.O.

1998] GUYANA SHIPPING [No.

7 97 (b)who is a citizen of Guyana employed on a foreign vessel and discharged or left behind in a fureign country.
(2)Any expenses incurred for a shipwrecked, destitute or distressed by the owner, master seaman under this section, other-wise or agent of the vessel Minister on distressed seamen belonged behalf of the country in the same manner as expenses incurred outside seamen of Guyana ships are recoverable Guyana for distressed shall be repaid to the to which the by the Minister and may be recovered .

213.
Where a ship registered port in Guyana and a person who is neither by law to do so - in GuYana or any other country is in a a public officer nor authorized (a) goes on board the ship withoot the consent of the master thereof or of any other person authorized to give consent; or (b) remains on board the ship after being requested officer, a police officer or an to leave by the master, a marine officer of customs, such person shall be guilty of an offence to a fine not exceeding be liable ten thousand dollars.
thereof and on conviction shall PARIYJII SHIP'S LOG BOOKS 214.

(I) An official log Guyana ship of not less than two hundred ship trading from and beyond the waters ot Guyana.
book in prescribed fonn shall be kept in every gross tons, and every Guyana - (2) The Minister may make regulations prescribing - log books; (a) the fonn ofofficial (b)the particulars (c)the persons signed d; and (d) the procedure entries or witnesse to be entered in official by whom such entries log books; are to be made, to be followed and in their amendment in the making of such or cancellation.
(3)The offtcial be log book may, at the discretion with the ordinary ship's of the master, log, but in all kept distinct spaces cases the from or combined in the official log book shall be duly filled with entries.

(4) Any entry required to be made in an official log book - (a) shall be made as soon as possible after the occurrence to which it relates; No.

7] LAWS OF GUYANA [A.O.


1998 98 (b) if it is not made on the same day as the occurrence it shall be made and dated to show the dates of the and the entry respecting occurrence it; (c) if it is made in respect before the arrival discharge, hours after that arrival.
of the ship at her final port of it shall not be made more than twenty-four of an occurrence happening (5) Every entry in the official log book shall be signed by the master and by an officer or some other member of the crew, and if it is an entry of illness, injury or death, it shall also be practitioner on board if any.

signed by the medical (6) Every entry made in an official log book in the manner pro­ in evidence this Act is admissible to prove the facts stated vided by therein.
Entrie!I ill o1lic,al log hook 215.
The master of a ship for which an official shall, be entered log book particulars to any regulations made under section in the official subject log book is kept to 214, enter or cause of - (a) every conviction by a court of a member of his crew and the punishment imposed; by a member of his crew for (b)every offence committed which it is intended to prosecute or to impose a fine, together the furnishing concerning the entry and concerning charge, as required by this Act; of a copy, or reading the reply, if any, made to the over, of or to make a forfeiture with the statement (c) every offence for which punishment is imposed on board, and the punishment (d) the conduct, character imposed; and qualifications that he declines of each to member of his crew or a statement give an opinion (e) every case of illness on these particulars; happening or injury to a member of and the medical the crew, with the nature thereof treatment given, if any; (f) every refusal of a member of the crew to take or medicines; antiscorbutics (g) every birth and death whenever (h) every marriage taking place on board, with the names occurring; and ages of the parties; (I)the name of every seaman who ceases to be a member of the crew otherwise time, manner and cause thereof; than by death, with the place, U) the wages due to any seaman who dies during the voyage, and the gross amount of all deductio made from those wages; ns to be A.D. 1998] GUYANA SHIPPING [No.
7 99 (k)the sale of the effects a statement voyage, with for it; sum received (I)every collision with of any seaman who dies during the of each article sold and the any other ship and the circumstances in which it occurred; (m)the date and the time of the display particulars of the ship's in the ship of a and draught notice containing freeboard; and (n)any matter directed by this Act to be entered.

216.
216.

(I) The master or owner of every Guyana ship which is required to carry an official log book under section (2), deliver previous discharge 214 shall, such log book or books for the period covering crew agreement of the crew and the closing the within seven days of the of such crew agreement.
to the Director subject to subsection or transmit Delivery of omcial lo!,\ buok lo Oirecwr (2)Where the crew of a Guyana ship referred to in subsection (I) is engaged under a running master or owner shall deliver Director 119 the the official log book to the days of such log book being completed.

within twenty-one to in section or transmit agreement as referred (3)A master or owner of a ship who fails withllut reasonable cause to comply with this section is guilty of an offence.
of ownership of a ship, the official log book ceases to be required or change of in of the ship, the master or owner of the ship shall, if the ship is then within six the official 217.

(I) Where, by reason of transfer employment respect in a Guyana port within one month or if she is elsewhere, deliver months after such cessation, log book and the agreement with the crew duly made out to the time of the cessation.
or transmit to the Director ,1f [)cllh:y uffici;1l log hook where owner - �hip is 1ra11sf .. rred or shir, ii; lost (2)If a ship is lost or abandoned, if practicable, to the or transmit the official log book duly made out to the time of the loss or and as soon as possible, deliver the master or owner thereof shall, Director abandonment.

(3)The owner or master of a ship who fails, without reasonable cause, to comply with this section is guilty of an offence.

218.
218.

(I) If an official log boolo: is not kept in the manner required this Act or if any entry directed at the time and in the manner directed guilty of an offence and, except as otherwise Act in respect by this Act, the master of the ship is expressly provided in this dollars.

by this Act to be made therein to a fine of thirty thousand thereof, is liable is not made by Offc11cc In r,·sp,ccl "f ollici.,!

ln� lh>ol.
ln� lh>ol.

(2)Any person who makes, procures making an entry in an official log book in respect happening before the arrival of the ship at its final port of discharge of to be made, or assists in of any occurrence No.

7] LAWS OF GUYANA [A.D. 1998 100 the crew, more than twenty-four offence and is liable to a fine of fifteen teen thousand dollars.
hours after that arrival, is guilty of an (3)Any person who wilfully destroys, an entry in an official log book, or wilfully or renders mutilates makes, procures to be from, entry in, or omission in making a false or fraudulent illegible made or assists an official log book is guilty of an offence.

Ord111;11y �h,p"s log 219.

(I) All Guyana ships shall carry on board an ordinary within which shall be recorded other paniculars log of the ship and such the daily activities as may be prescribed.
ship's (2)The ordinary ship's log shall comprise a deck log and engine room.

log where appropriate.

(3)Where a ship is not required by this Act to carry an official log book, or where it is not practica log book, the ordinary log book of the ship shall be admissible in evidence.

ble for a ship to produce the official of Returns �,.,w li�ts 220.
(I) Every master of a Guyana ship of not less gross tons shall make out and sign a list of the crew of the ship in the the following prescribed form containing paniculars - than two hundred (a)the number and date of the ship's register and its net tonnage; (b) the length and general nature of the voyage or employment; (c)the names, ages and places of binh of all the crew, their ratings on board, their last ships or other employment and the dates and places of their last ships or other employment and the dates and places of their joining ship; the (d) the names of any of the c rew who have ceased to belong to the ship, with the times, places, thereof; circumstances causes and (e) the names of any members of the crew who have been the time, place, cause and maimed or hun, with circumstances thereof; (t) the wages due at the time of-death of any of the crew who have died; (g) paniculars of the propeny belonging who have died, with a statement the propeny has been dealt with, and the money for which any pan of it has been sold; and to any of the crew of the manner in which (h) details of any marriage that has taken place on board, with the date thereof and the names and panies.
ages of the (2) The list of the crew - A.O.

1998) GUYANA SHIPPING [No.
7 IOI (a)in the case of ships trading within exclusively the waters of Guyana or between Caricom ports shall be delivered or transmitted later the 31st day of December in each year; and by the master or owner to the Director not days after the 30th than twenty-one day of June and (a) shall be delivered (b)in the case of ships other than those referred to in by the or transmitted retain the list and who shall to the owner of the ship who shall of seven years after receipt the same on demand made therefor by the or other proper officer paragraph master for a period produce Director (i)within forty-eight hours after the arrival of the ship at its final port of destination in Guyana; or first (ii)upon the discharge of the crew, whichever happens.
(3)Where a Guyana ship is lost or abandoned, and as soon a.s possible, master or the ship's to the Director owner shall, the list of the crew duly made out to the time of the loss or abandonment.

if practicable deliver (4)For the avoidance master and apprentices.

of doubt, "crew" in this section the includes of a Guyana ship, upon the ship's 221.
(I) The master or at such other time and place as the Director ships or class in the prescribed which the master is required deliver form, a return of the facts relating of ships direct, 215 to record.

by section to the Director shall may, with respect arrival at a port to any or proper officer, to births and deaths Returns of b1rths and dcalhs in Guya111 ship,.

(2)In respect of any death recorded such death to such person, shall notify master named as his next-of-kin.
pursuant to subsection (I) the as the deceased may have (3)When the return is made elsewhere than Guyana the proper officer shall send a certified copy of the return to the Director.

222.

The master of any ship not registered at a port shall, of citizens which calls at such port make a return of births and deaths any such ship to the Director.

of Guyana occurring in upon arrival in Guyana, Returns and dealhs of (iuyana ,n foreign i:u,uns ship� of births 223.

(I) The Director referred Deaths.


to in section shall cause information contained 221 or 222 to be sent to the Registrar in any return of Births and Return� 10 be sen!

w Re�istrar of 8inhs and Death• 1,cn�hies uf Master (2)The master of any ship who fails to comply with any require­ ment of section conviction 221 or 222 is guilty of to a fine often thousand is liable dollars.

an offence and upon summary No.


7] LAWS OF GUYANA (A.D. 1998 102 PARTIX PREVENTION OF COLLISIONS AND NAVIGATIONAL SAFETY C<>II"·"' Rr�ula\10,1, 224.

The Minister "collision i·egulations" may make regulations, hereinafter referred to as (a)for the prevention (b)respecting (c)respecting by ships, the lights the steering of collisions to be carried and sailing at sea; and exhibited; rules to be observed and in making such r convention at sea.
collisions egulations shall have regard to any international or treaty for the time being in force for the prevention of liuvana ship, 1" ,>tis�,-.,� wll11u,n '<"),:ulauor» 225.

(I) All owners and masters collision regulations any ocher fog signals and shall not carry or exhibit than such as are prescribed of Guyana ships shall obey the or use any other lights by those regulations.
(2)If an infringement regulations by the wilful default of the master or owner of a ship he shall be guilty of an offence and on conviction thirty of the collision dollars.

thousand shall be liable thereof is caused to a fine not exceeding (3)Subsections on the surface of water (I) and (2) shall apply to the owners and pilots as they apply to the owners and masters of seaplanes of ships.

•h•r� l'orei;m "' Gu\'ana·, w�cer regulations 226.


The collision seaplanes of foreign registry before a court in Guyana concerning arising treated within Guyana's as if they were ships and seaplanes within Guyana's a breach waters, shall be observed by all ships and and in any case waters, foreign ships and seaplanes of the collision shall be regulations registered in Guyana.

Coll""'ll \,,,bill\ ' 227.


(I) Liability their cargoes, persons of each ship on board, the effects or other property for collision damage including of the crew.

damage to vessels.

passengers or other or to third parties shall be based on the degree of fau It in a collision.

involved (2)Where it is not possible to determine that the faults are equal, the degree of fault of liability shall be each vessel, apportioned or if it appears equally.
(3)There shall be no presumption regulations of the collision of fault against a ship for a without proof of fault or contravention negligence.

(4)If the collision is accidental the damages or if or caused by force majeyre have shall be borne by those who the cause is left in doubt, A.D. 1998] GUYANA SHIPPING [No.

7 103 them.

notwithstanding that the vessels.

or any one of them.

may or was otherwise made fast, at the time of the suffered have been at anchor, casualty.
(5)If the collision is caused by the fault of one of the vessels liability committed the fault.

to make good the damages shall attach to the one which has ( 6) In respect of damages caused by death or personal jointly and severally liable to the right of the vessel however.

vessels in fault shall be prejudice.

than that which.

in accordance (2 ).

she ought ultimately other vessel or vessels at fault.

with the provisions to bear and to obtain a contribu injuries.

the without to third parties.


which has paid a larger part (I) and of subsections tion from the (7)Collision liability shall attach in accordance with this section in cases where the collision by law.

or not the pilot is required.

may be caused by the fault of a pilot whether (8)The right of action for the recovery of damages resulting from or the of a protest a collision fulfillment of any other special formality.

is not conditional upon the entering (9)Wbere no collision has actually taken place.
liability for damage caused to the vessels persons on board the vessels of a manoeuver non-execution regulations involved in the incident, resulting from the execution or to goods or or or a contravention of the collision shall be determined in accordance with this section.

provided of ships or any other marine officer may inspect in a port of Guyana to determine with tights 228.
A surveyor ship of any nationality is properly and if the surveyor sound signals or other marine officer finds that the ship is not so provided.

specify in writing detain the ship until such deficiency the action required to rectify the deficiency is rectified he shall and shall to his satisfaction.

and shapes and the means of making regulations; a whether as required by the collision the ship liu.p,:c1ion k> enforce comphanct' wi1h collislO!I rcit11l,1ion, 229.
(I) After a collision if and so far as he can do so without passengers, if any - between ships.

the master of each ship shall.

damage to his own ship, crew and f>utv •<> rmdcr a�smancc follow.

"'!l colli,ion (a)make his best efforts to give to the other ship, the if any, thereof such �rew and passengers, master, assistance necessary collision: as may be practicable and as may be to save them from any danger caused by the (b)stand hy the other ship.
until he has ascertained that such ship has no need for further assistance; No.

7] LAWS OF GUYANA [A.D. 1998 104 (c)give the master of the other ship the name and port of of his ship, and the names of the ports from and to which his ship is bound.
registry which his ship sailed (2)If the master ofa ship fails, without reasonable (I}, he shall be guilty of subsection shall be liable to imprisonment to a fine not exceeding twenty-five thousand cause, to com­ of an offence for a term not ply with any provision and on conviction thereof exceeding dollars.

two years.and \o O\Jllgat,on notit\ ha,.ard, n!

nav,t(at,on 230.
nav,t(at,on 230.

(I) The master of any Guyana ship upon encountering dangerous ice, a dangerous danger to navigation communication all ships in the vicinity a tropical shall send information or to such authorities storm or any other direct and in accordance accordingly at his disposal ashore as may be prescribed.

with the regulations by any means of derelict, to (2)Every person in charge of a radio station on receiving the signal board any Guyana ship, shall, regulations for indicating section.
stations under subsection refrain from sending to receive the message, (I) shall transmit that a message messages and if is abou' to be sent under this to allow other for a time sufficient so required by regulations made in the prescribed manner.

the message in Guyana or on prescribed in the <3) For the purposes hurricane, cyclone master of a ship shall be deemed to have encounte he has reason storm" means a nature, and a red a tropical storm if is such a storm in the vicinity.
of this section, or other storm of a similar a "tropical that there to believe typhoon, ( 4) A transmission of messages in pursuance of this section shall be without charge.

Master to pm• tete<l tnoJcratcl� 1n <lan�er area 231.

(I) The master of a Guyana ship, when ice is reported his course, prevailing the ice reported on or near at a safe speed adapted to the or change his course so as to keep amply clear of and of the area of danger.
shall at night either circumstances proceed (2)The master of a ship who fails to comply with this section, ofan offence and is liable to a fine of fifteen thousand dollars.

is guilty Ohl,!

!almu m as�ls, ships ,n distress 232.
(I) The master of a Guyana ship on receiving any source that a ship or aircraft or survival shall go with all speed to the assistance informing craft thereof of the persons that he is doing so, and if - them if possible from is in distress, in distress, at sea a signal (a) he is unable to do so; or (b)in the special circumstances of the case he considers it unreasonable or unnecessary to proceed to their assistance, he shall enter in the log of the ship the reason assistance in distress.
of the persons for failing to proceed to the A.D. 1998] GUYANA SHIPPING [No.

7 105 (2)The master of a ship shall ·be released from the obligation by subsection imposed than his own, have been requisitioned with the requisition.

complying (I) when he learns that one or more ships, 233 and are under section other (3)If a master fails to comply with the provisions of this section he shall be guilty of an offence and on conviction twenty-five a fine not exceeding thereof shall be liable to .
thousand dollars with the masters of the ships which answer his call for after consultation, so far as Right to requisition when in distress ships of a ship in distress, 233.

(I) The master may be possible, assistance, considers master or masters by going with all speed to the assistance assistance, of the ships requisitioned of persons has the right to requisition best able to render one or more of those ships as he and it shall be the duty of the to comply with the requisition in distress.
(2)The master of a ship shall be released from the obligation (I) of section from the obligation imposed by subsection requisitioned, informed has reached in distress that assistance such persons by the persons imposed or by the master 232 and, if his ship has been by subsection (I), if he is is no longer necessary.

of another ship which 234.


(I) The master of a ship shall, serious including an enemy, who is found at sea in danger danger to his own ship, render assistance so far as he can do so without to every person, of being lost.

Ohliga1ion assist person s in danger at sea.

10 (2)If the master subsection shall be liable fine not exceeding of a ship fails to comply with the provision of an offence and on conviction to a s of thereof two years, to imprisonment ten thousand for a term not exceeding dollars.
(I), he shall be guilty 235.

Compliance by a master shall not affect his right or that of any other person to salvage.

with any of the provisions of this Part Salvage rights not affected 236.

(I) The Minister tress and urgency deemed to be signals and the signals of distress and urgency.
relating may make regulations to signals of dis­ prescribed by the regulations shall be for Regulations signals of distress (2)Where a master uses or displays or causes or permits any person under his authority to use or display of a ship - (a)any signal except prescribed, and in circumstances and for the purposes (b)any signal prescribed signal, that is.
liable for any to be mistaken of an offence and, in addition to any penalty imposed upon he is guilty him on conviction, undertaken, risk incurred having been supposed he is liable or loss sustained to pay compensation in consequence or urgency; for any labour of the signal and such of distress to be a signal No.

7] LAWS OF GUYANA [A.D. 1998 106 compensation in the same manner in which salvage may, without prejudice is recoverable.
to any other remedy, be recovered (3)Where the master who contravenes subsection (2) is an officer certificated into his conduct as provided i• section I 08. or licensed under this Act, he shall be subject to an enquiry Reports of accidents to ships 237.
(I) When a ship - (a) has sustained or caused any accident occasioning loss of injury to any person; life or any serious or any material or her ·efficiency, (b)has sustained worthiness part of her machinery, her sea­ damage affecting either in her hull or in any the owner or master thereof happening thereafter, the Director, of the accident transmit a report shall, or causing within twenty-four of the damage or as soon as possible hours after the to a Marine officer the ship in a port, or otherwise to of the accident or damage.
(2)Every report (I) shall be signed subsection state of accident or damage to a ship made under by the owner or master of the ship, and shall (a)the name of the ship, the port which the ship belongs, the official number, where the ship is located; if any, of the ship and the place (b)the circumstances in which the accident or damage occurred; (c)the probable and cause of the accident or damage.
(3)If the managing owner, or in the event of there being no in Guyana, the agent of any to believe that the ship has or received applies (I), he shall satisfy to the Director owner or no such owner resident has reason managing ship to which this section or caused any such accident sustained d in subsection mentione damage has been reported such managing owner or agent has reason to believe damage has not been so reported, Director and its Port of Registry best of his knowledge the probable damage, and belief, cause thereof and notice in writing the nature stating himself by the master; any such damage as is that the accident or and, where any that the accident send to the or he shall as soon as possible, the name of the ship, its official number, to the and stating of the accident or and extent the location of the ship.
or the port to which it belongs, (4)The master or managing owner or agent who fails, wit.hout reasonable liable cause to comply with this section dollars.

to a fine often thousand is guilty of an offence and is (5)This section passengers applies between places in Guyana.

to all Guyana ships and to all foreign ships carrying A.O.

1998] GUYANA SHIPPING [No.

7 107 or agent of any Guyana ship has owing to the non-appearance 23 8.
(I) If the managing owner reason, circumstance, a reasonable conveniently him and stating - of the ship or to any other he shall cause lost, been wholly to believe search to be made for the ship and shall, as soon as by may be, send,to that the ship has the Director in writing- a notice signed Apprehended Joss ofsh,p (a)the name of the ship, the port to which the ship belongs and the official number, if any, of the ship, and (b)a report of the loss of the ship and the circumstances cause of such loss.
and probable (2)Any managing to comply with this section to believe owner or agent of a ship who fails without period a reasonable within such ship to have been lost, cause, reasonable from the time when he has reason shall be guilty fine of twenty-five of an offence and on conviction dollars.

shall be liable thousand thereof to a of every Guyana ship shall enter a statement 239.
(I) The master official log book of every occasion practised on board, to be carried and of the result are examined to see whether of any such examination.
and on which the appliances and equipment they are fit and ready for use, in the Record of boat drill or fire is drill to be required kept in official log book on which life boat and fire drill (2)Where in the case of a passenger or fire drill in any week; in the case of any other ship, lifeboat ship, lifeboat drill was not practised or fire drill the said appliance as prescribed, book.
the master drill in any two weeks; in the case of any ship, in any such period in the official log were not examined thereof shall state the reasons s and equipment was not practised 240.

(I) The seafaring situation Director shall take community and the public appropriate steps to inform the of any developing Notices to manners and or existing n•vigational w11m1ngs which may adversely affect maritime safety.
(2)Such information may take the form of Notice navigational warnings the circumstance s may warrant.

may be issued and communicated to Mariners by any means as and (3)The Director may require the assistance of any person in the communication of such information.

Aids to Navigation 241.

In this Part, "aids to navigation" beacons, light-houses, buoys, navigation to aid marine established and other works associated therewith.
radio aids, or any other light, and include and "aids" mean allInterpretation or mark moorings all buildings, signal No.

7] LAWS OF GUYANA [A.D. 1998 108 Establishment and m_anagement of aids 242.

(I) There shall as may be necessary waters of Guyana.

be established in Guyana such aids to navigation to facilitate the safe navigation of ships within the (2)No aid shall be established without of the prior authorization the Director stipulated.
and unless it confonns to such specifications as may be (3)No aid shall be discontinued or any other distinguishing of the Director.
feature or have its lighting altered, without characteris the prior authorization tics ( 4)The Director shall exercise shall be responsible of all aids; ensure that all aids are established general for overseeing over all the establish­ supervision in aids, and in particular, ment and maintenance compliance maintained information with the stipulated in working on changes order; to or deficiencies conditions and bring to the attention and specifications and are of the public in any aid to navigation.
Nautical publications 243.

(I) The Minister and declare to na\i igation publications.

may cause the publication any other publica and updating of aids nautical tions to be approved (2)In any legal proceedings, the production of an approved nautical evidence publication of the matters authenticated therein.

appearing by the Minister shall be prima facie Prosecution of offences 10 aids relating 244.
A person who - (a)contravenes 242; (b)wilfully or negligently section damages, destroys or allows a ship to foul an aid; (c) wilfully or negligently view of an aid to be obstructed lessen (d)wilfully, its efficiency; does anything which causes the in such a manner as to negligently which interferes with an aid so as to hinder the anything effective use of an aid; ( e) trespasses on or without lawful excuse, is found in or on or without lawful authority does an aid, or any land upon which an aid is situated, is guilty any damage so occasioned, of an offence to the expenses to a fine of fifty thousand and, in addition is liable of making good dollars.
Dctcnuon t1f sh,ps 245.

Where a ship damages, be detained aid effective until the cost of repairing again is paid.

destroys or fouls an aid, the ship may the the aid or rendering or replacing Fire and !,gilts detnmenta!

to nav1gat1on 246.

(I) When a fire or light is burned or exhibited manner as to mislead navigating in Guyana waters, persons in such a place or the Director A.D. 1998] GUYANA SHIPPING [No.

7 109 may, by written light to screen, specified notice, alter, in the notice.
require the person placing or using the fire nor extinguish, or remove it within a reasonable time (2)Where a person fails to comply with the notice shall be guilty thousand dollars.
to whom notice is given under subsection (I) of an offence and liable within therein, the time stated to a fine not exceeding such person twenty-five (3)The Director of which notice may cause to be extinguished is given under this section has been given fails to comply within any fire or light in where the person the time specified to respect whom the notice therein.
( 4) For the purpose false or unauthorized lights, a marine officer may enter the place where the fire or light is situated forthwith recover the same without incurred.

thereby and damage, and of extinguishing unnecessary extinguish the expense causing may prescribe 247.

The Director marks and features characteristics, shall have due regard to the International Authorities system of buoyage Buoyage which may replace it.
Hannonized "System the system of lighting and other aids and in doing so of navigational Association of Lighthouse B", or any other international Characteristics of aids PARTX SAFETY OF LIFE AT SEA 248.
In this Part - Jnterpretat10n "certificate" Convention means a certificate as defined therein; issued in accordance with the Safety "fishing walrus or other living resources of the sea; vessel" means a vessel used for catching fish, whales, seals, "short voyage" international means an international voyage� (a)in the course of which a ship is not more that 200 miles ftom a port or place in which the nautical passengers and crew could be placed in safety, (b)which does not exceed 600 nautical miles and in length between voyage begins the last port of call in the country where the and the final destination, no account voyage due solely neither the master have prevenied reasonably to stress being taken of any deviation by a ship from its intended of weather or any other circumstances that if any, of the ship could nor the owner nor the charterer, or forestalled; No.
7] LAWS OF GUYANA [A.D. 1998 l 10 means the International "Safety Convention" Life at Sea, 1974 and its Protocol thereof be in effect therefor of Guyana; or replacements in respect Convention for the Safety with such amendments of of 1978, together as the Minister may, by Order declare to to a Safety Convention "Safety Convention Certificate" issued provisions safety certificate, by an exemption and any such certificate certificate; of the Safety Convention certificate, construction means a certificate ship that complies and includes a safety certificat modified safety equipment that is limited, that is required to be with the relevant e, safety radio or restricted certificate, Convention Country" means a country "Safety has accepted the Safety Convention Convention or a territory of such country and remains extended; the government of which and which has not denounced that to which the Convention extends "surveyor" Minister to act Safety Convention certificates.
includes any person or organization, of surveying for the purpose as surveyor duly authorized by the ships and issuing Lm of Safety Convention counr,;es 249.

The Minister provide acceded a list of countries, to or denounced may by notification including territories thereof, published in the� that have ratified, the Safety Convention.

Application of Safetv Conven1io,1 250.

The Safety Convention apply to all Guyana ships and all other ships while they are in Guyana waters.
unless exempted by this Act, shall, Regulahons re!a11ng !o safety at sea 251.

( l) The Minister considers or safety out of the objects better for safety at sea and for giving generally may make such relating at sea expedient to give and purposes of this Part and to provide effect to the Safety Convention.
to regulations effect to and for the necessary carrying as he (2)Every omission or neglect cause and contrary to comply with, and every act done to the provisio reasonable without made under this section offence the offender regulations, dollars.
shall, or convention shall be an offence and in respect n of, any regulation of any such of this Act and such subject be liable to the provisions to a fine not exceeding fifty-thousand Sh,ps in port through ofweather, 5tress etc of this Part or of any to apply to ships that are not made hereunder that any prov1s10n is expressed 252.

Notwithstanding regulations Guyana ships while they are without shall not apply to a ship that would not be within such �tress nor the owner nor the charterer, forestalled.
of weather or any other circumstances the master any such port but for that neither if any, of the ship could have prevented or any port in Guyana, such provision A.O.

1998] GUYANA SHIPPING [No.

7 111 253.
(I) The Minister he deems advisable, persons may, from time to time appoint as surveyors of ships competent as at such places - to inspect Appointment ofsurvcyon (a)the boilers (b)the equipment of ships, and machinery of ships; including ships' tackle, apparel and appurtenances; (c)the hulls (d)the life-saving, fire-fighting of ships; and other safety equipment and superstructures of ships; (e)the radio-telegraphy and radio-telephony installations of ships; (t) the stowage the stowage and manner of loading of dangerous goods in ships.
of ships' cargoes and (2)A surveyor of ships may be appointed in several to capacities perfonn different functions.

(3)The survey and inspections of the regulations or, subject or society by any corporation enforcement by the surveyors impose, ships authorized by the Minister: made under this Part, shall be carried out to such conditions as the Minister for the survey and classification may of of ships, so far as regards the 254.
(1) A surveyor of ships may at all reasonabl ship for the purpose of ensuring the Load Line Convention, Convention, relevant regulations made under this Act.
e times inspect with the Safety Regulations that it is in compliance the Collision and the any Surveyor·i �n r>fm•�l1or, (2)Where the surveyor have not been complied finds that the said convention or the with, he shall give written notice to regulations the owner or master and what action of the ship stating in what respect there is deficiency in his opinion, i� required to rectify such deficiency.

(3)Every notice directed by the Minister ship may seek a clearance ship shall be detained .
so gi"ven to the Customs shall be communicated in· a manner Officer of any port at which the and the and such clearance shall not be granted (4)Where the surveyor considers such ship unsafe, or, where a danger, ts defective in any way so as to expose persons ship is unfit to carry passengers, passenger equipmen serious any ship in respect of which any of the provisions been complied with, if in his Opinion such detention circumstances.
ihat ship, and a surveyor he shall detain of this Act have not d in the is warrante on board to may also detain or the machinery or (5)Where, under this section, a surveyor the master ·Or chief engineer visits any ship he may or any other ask the owner or his agent, person on board and in charge or appearing to be in charge, of the ship No.

7] LAWS OF GUYANA [A.D. 1998 112 any questions concerning shall fully and truthfully answer every such question.
the ship as he thinks fit and every such person (6)A surveyor may reasonably of the owner or his agent or any other person on board or in charge, require the master or chief engineer appearing activated and every person of whom such a request shall comply with the requirement.
to be in charge of the ship that the machinery or dismantled so that he may satisfy himself is made capable or of the ship be as to its condition of so doing, (7)A person who contravenes subsection (5) or (6) is guilty of an offence and is liable to a fine of ten thousand dollars.

Stil"\IC)'Or' .< fC[><>rt rn 01rector 255.
A surveyor, propriety a statement showing do so, shall forward a report when satisfied on inspection to the Director that he can with which shall contain are sufficient for the service; (a)that the hull and machinery (b) that the hull and machinery and fitted in accordance with under this Part; (c)that the equipment required under any regulations is on arranged are constructed, made any regulations board and in good condition; (d)that the ship's required and efficient; officers are persons duly certificated under this Act and that the crew is sufficient as (e) the class of voyage for which the ship is fit to ply and the time, if less than one year, for which the hull, equipment and machinery (f) if the ship is a passenger will be sufficient; ship the number of passengers which it may carry; and (g)the steam pressure that may be carried on the boilers.
Surveyors record ,f rnspect,ons ·ertifica.Le,; and 256.

A surveyor he issues and certificates them as the Director other information pertaining may require.

may direct, to the duties he makes shall keep a record of the inspections respecting in such form and with such particulars and shall furnish copies thereof of his office which the Director and any Surveys of pu�ge, sh,ps 257.
Every Guyana passenger specified namely ship shall be subjected to the surveys (a)a survey before the ship is put into service; (b) a periodic months; survey at intervals of not more than twelve (c) additional surveys as required under this Act.

1li1i SllfVC� nl ,scngcr ,h,p 258.

(I) The survey made before a passenger shall includt: a inspection complete of the hull, machinery and equipment.

ship is put into service, A.D. 1998] GUYANA SHIPPING [No.
7 113 (2)The survey shall be such as to ensure that the general material the main auxiliary radio installa arrangement, vessels, installations, apparatus for survival extinguishing with the requirements made under section 251. appliances, and scantling of the hull, boilers machinery, electrical tions in motor life boats, portable craft, life-saving appliances, and other pressure installations, radio radio fire detecting and fully comply pilot ladders, and other equipment and with any regulations of the Safety Convention (3)The survey shall also be such as to ensure that the workman­ and equipment is satisfactory, and ship of all parts of the hull, machinery with such lights that the ship is provided by the Safety Convention as arc required signals Regulations.
and the Collision and sound signals and distress that the hull, vessels, and other pressure the .main and auxiliary survey shall be such as to ensure 259.
(I) The periodic boiler electrical boats, portable fire detecting equipment they are intended Convention radio installations, for survival installations, radio apparatus and extinguishing condition radio installations in motor life craft, life-saving appliances, and other pilot ladders, and fit for the service for which of the Safety and that they comply with the requirements made under section and any regulations are in a satisfactory appliances, machinery, 251.
survcv., Periodic ships of passenger (2)The lights and sound and the distress by signals carried the ship shall also be subject signals to the survey.

shall be made every time an accident either general or partial, as the circumstances Add1t1onal surveys ships of pa.ssenger occurs or a defect is 260.
(I) A survey, require, discovered completeness important which affects the safety of its life-saving of the ship or the efficiency other equipment appliances or or whenever or repairs, renewals or replacement are made.
(2)The surveys shall be such as to ensure repairs, that the necessary or replacements have been effectively made, that the material renewals and workmanship respect, provisions any regulations of such repairs, renewals or replacement satisfactory and that the ship complies of the Safety Convention and the Collision s are in all with the in all respect: Regulations and made under this Act.

261.
(I) Where the Minister for the purpose, 255 is satisfied that a Guyana ship is in compliance referred report of the surveyor's with - on receipt or such other person as he may authorize to in section Passenger f'crtifrcate ship (a)the requirements of the Safety Convention ving appliances, as regards radio and direction construction, finders; life-sa and (b)such of the rules relating to safety of life at sea as are applicable as it is to be engaged to the ship and to such international voyages provided on, and that it is properly No.
7] LAWS OF GUYANA [A.O.

1998 l 14 with the lights, required shapes and means of making signals by the Collision Regulations, he shall on the application Certificate, and an Inspection referred Certificate, hereinafter in respect of that ship.

of the owner, issue the appropriate Safety to as "a Passenger Ship Safety Certificate" (2) A Passenger Ship Safety Certificate required with any under this Act be contained in one may together other Safety Certificate document.
Shon Voyage Cemficates for passenger ships and it complies to those voyages the 262.

Where the voyages international voyages are applicable hereinalier ship complies with the requirements to such short international to as a "Short referred voyages.

on which a ship is to be engaged are short as only with such of the regulations Director shall issue a certificate, Voyage Certificate" showing that the of the Safety Convention applicable and Exemption Qualified Cenificates for panengcr sh,ps 263.
Where the Minister for the purposes, passenger ship as aforesaid - on receipt is satisfied or such other person as he may authorize of the surveyors report in respect of any (a) that the ship is eligible for exemption, from any of the requirements Safety Convention applicable international under this Act, or of the to the ship and to such on which it is to be engaged; voyages of the regulations (b)that it complies with the remainder provided ments and that it is properly shapes and means of making sound signals the Collision Regulations, of those require­ with the lights, required by he shall, on the application of the owner.
issue in respect of the ship - stating of the Safety Convention Certificate (i)an Exemption from which of the and that the exemption is con­ the requirements ship is exempt, ditional and being engaged only in the trades and complying with the other conditions, if any, specified in the certificates, (ii)a certificate on the ship plying only on the voyages referred to as "a Qualified or a Qualified Short Voyage as the case may be, showing that hereinafter Safety Certificate" Certificate, the ship complies which it is not exempt.
and from with those requirements or \'ahd,ty P""scnger sh,p Short Vuya�e Cenificates or such other person 264.

The Minister purpose, force a Short Voyage Certificate, to proceed may permit any passenger to sea on an international ship in respect as he may authorize for the of which there is in voyage from a port not exceeding or a Qualified Short Voyage Certificate, A.O.

1998) GUYANA SHIPPING [No.


7 115 and for nautical miles between twelve hundred destin,tion, the purposes of this section, endorsed for the voyage on which the ship is about to proceed notwithstanding between that port and the final port of such Certificate that the voyage exceeds six hundred nautical those ports.

miles shall be ship shall, 265.


(I) Every passenger from any port in Guyana have on board a valid Passenger Ship Safety Certificate before plying which shall show,- or proceeding Passenger Ship Safety Certificate to be carried on Board to sea (a)the limits, if any, beyond which the ship is not fit to ply, and (b)the number of passengers distinguishing, if necessary, in each part of the ship, and any conditions and variations to which the number is subject.
the number to be carried which the ship is fit to carry (2)Where in the case of a foreign as he may authorize such other person the production complied this Act have been substantially of subsection to have satisfied the requirements of a Passenger Ship Safety Certificate (I).

passenger for the purpose, ship, the Minister is satisfied that the provisions or upon of with, the ship shall be deemed ship has on board a number of passengers having to the time, occasion 266.
Where a passenger which, regard is greater Certificate, other remedy or penalty for every dollars than the number allowed the owner or master of the ship shall, under this Act, be liable passenger.

excess and circumstances of the case, Ship Safety prejudice without to any to a fine of ten thousand by the Passenger 267.
(1) The life-saving Guyana cargo ships shall be subject thereafter service and at interval appliances of and fire-fighting appliances to survey before the ship is put into Safety equipment 11urvey on cargo �hip11 s of not more than .

two years (2)The fire control.


and sound signals and distress lights cargo ships shall be included that they comply fully with the and, where applicable, the Collision plans in Guyana ships and the pilot ladders, signals in new and existing Guyana of ensuring in the surveys for the purpose requirements of the Safety Convention Regulations.
or such person of the surveyor's as he may authorize report in respect with the requirements for the of a of the as regards the to safety of life at sea as are applicable 268.
Where the Minister purpose on receipt is satisfied, Guyana cargo ship, that the ship complies Safety Convention life-saving relating regulations regard engaged means of making sound signals required shall, and to such voyages as it is to be appliances on, and, that it is properly provided he Regulations, by th Collision of the ship - with the lights, shapes and to such life-saving on the application and with such of issue in respect Cargo Ship Sa�ty Equipment Certificate of the owner, appliances to the ship in No 7J LAWS UF (jUYANA [A.D 1998 116 (a)where it is not less than five hundred on international be engaged form prescribed by the Safety Convention; gross tons and is to in the a certificate voyages, showing (b) in any other case, a certificate with the said requirements, that it complies and any such certificate Certificate.
is in this Act referred to, as a Safety Equipment Cargo ship E)(emptton and Qualified R.ad,o C'ert1fica1e on receipt that the ship is exempt by this Act or from any of the report of the surveyor's in respect or such person as he may authorize of a cargo ship, is for the of such regulations 269.
Where the Minister purpose, satisfied requirements to the ship and to such voyages complies provided required owner, with the remainder with the lights, by the Collision issue in respect of the ship - or of the Safety as it is to be engaged of those requirements Convention, on, and that the ship and is properly shapes and means of making sound signals Regulations, on the application he shall, of the applicable (a) where it is not less than five hundred tons gross tonnage voyages, on international and is to be engaged (i) an exemption from which of the certificat e stating of the Safety Convention requirements exempt and that the exemption is conditional the ship plying only on the voyages engaged other conditions, only in the trade and complying with any in the certificate, specified and being the ship is and on (ii)a certificate showing that the ship complies with those requirements from which it is not exempt (b)m any other case, a certificate that the ship of the Safety with such of the requirements from which it is not exempt and to the showing complies Convention voyages on which it is to be engaged, and any certificate referred issued to as a Qualified under paragraph (a) (ii) or (b) is in this Act Safety Equipment Certificate.
Cargo sh,p radar and radm ,nstallauons .st,n.eys of Guyana cargo ships and any 270.

The and radar installations radio-telegraph installations apparatus regulation ship is put into service months.

for survival s made under section 251, shall be subject at intervals craft which is carried in a motor-life and thereafter boat or portable radio in complian ce with any the to survey before of not more than twelve Issue .,f ca1go sl11p Radin Cert,fica,e 271.
Where the Minister purpose is satisfied ship that the ship complies as regards on receipt or such person as he may authorize for the of a cargo report in respect of the surveyor's with the requirements of the Safety Convention finders and with and direction radio-telegraphy, radio telephony A.D. 1998] GUYANA S}JfN'/NG [No.
7 117 relaLing such of the regulat10ns the ship in regard finders and to such international shall, to safety to such radio-telegraphy, on the application of the owner, issue in respect of life at sea as are applicable radio-telephony to and direction on, he voyages, as it is to be engaged of the ship - (a)a certificate in the form prescribed n where the ship of not less than three hundred un international voyages; and is to be engaged that it complies showing with the said (b)a certificate gross tons by the Conventio requirements, (ii)a certificate those requirements-from showing that the ship complies with which it is not exempt; (b)in any other case, a certificate showing complies with such of the requirements Conventiun on, which it is to be e'1.gaged.
from which it is not exempt and the voyages that the ship of the Safety and any such certificate is in this Act referred to as a Radio Certificate.

of the surve:yor's report in respect or such person as he may authorize of a cargo ship, is for the 272.
\Vhere the Minister purpose, on receipt that the satisfied the requirements applicable direction the ship complies properly provided signals requires of the owner, issue in respect to the ship as regards finders and to such voyages of the ship - ship is eligible of those of the regu!ations for exemption under this Act, from any of or of the Safety radio-telegraphy, as it is t,) he engag�d on, and that radio-telepho ny and Convention with the rt:rn&inder with the lights, shapes and means of making sound by the Collision Regulations, he shall, on the applicatio of those requirements and is n Ca,go ,1•111 E�empt1011 aPtl (>·.,altfi�d Rad1<1 Cemfiearc gross tons and is to (a)where it is not less than five hundred - voyages on international be engaged (i)an exemption certificate stating from which of the of the Safety Convention the ship is requirements exempt and that the exemption the ship plying only on the voyages engaged other conditions, and being with the only in the trade and complying specified in the certificate, and that the ship complies with ents from which it is not exempt; those requirem (ii)a certificate showing is conditional on (b)m any other case, a certificate showing complies with such of the requirements Convention on which it is to be engaged, from which it is not '!xempt and the voyages that the ship of the Safety No.
7] LAWS OF GUYANA [A.D. 1998 118 and any certificate this Act referred under paragraph to as a Qualified Radio Certificate.

issued (b) is in (a) (ii) or paragraph Rad,o faemption Certificate by the Minister by him for the purpose from the 273.
Where any Guyana ship is wholly exempted or such other person authorized requirements of the regulations regards be issued upon application hereinafter voyages referred to as a Radio Exemption for and conditions relating radio-telephony e, Certificate the the ship is so exempt.
finders there shall certificat specifying by the owner, an exemption to the Safety Convention and direction radio-telegraphy, on which, and trades as C1r110 ship sr.foty 001\SUUCIIOII survev1 to subsections other than items in respect Certificates, 274.

(I) Subject equipment Equipment Guyana cargo ship shall be surveyed thereafter under this Part.
(2) and (3) the hull, machinery and of which Cargo Ship Safety or Cargo Ship Radio Certificates and in such a manner and at such intervals before being put into service are issued a as may be prescribed (2)A survey, either general be made every time an accident require shall discovered which affects the safety completeness important of its life-saving renewals appliances or replacements repairs, are made.
or partial, as the circumstances occurs or a defect is of the ship or the efficiency or or other equipment or whenever as to ensure that the necessary (3)The survey shall be such or replacements renewals and workmanship repairs, material in all respects satisfactory provisions any regulations have been effectively renewals and that the ship complies made, that the are or replacements with the and Regulations Convention and of the Collision of the Safety made under this Act.
in all respect of such repairs, for Re11ulatioru cargo ship safety coruuucuon requirements and 275.

(I) The Minister Cargo Ship Construction ments for the hull, equipment applies and requiring such a manner and at and machinery any Guyana ship to be surveyed such intervals this Act referred prescribing of ships to which this section to such an extent, to as require­ may make regulation.s and Survey Regulations as may be prescribed.
in (2) The said regulations to implement shall include the provisions and machinery as appear such requirements of the Safety Convention of such ship.

to the Minister relation to the hull, equipment in (3) This section applies to - (a)Guyana ships ofnot less than five hundred (b)Guyana ships of such lower tonnage gross tons; and of such as the Minister description and (c)foreign ships while they are within while they are not exempted under this Act, may specify; Guyana waters and A.O.
1998] GUYANA SHIPPING [No.

7 119 but does not vessels and ships not propelled by mechanical means.

apply to passenger ships, troopships, pleasure craft, fishing 276.
(l) Where the Minister on receipt is satisfied purpose Guyana cargo ship to which section with the Cargo Ship Construction the ship and application of the owner, to such voyage as it is to be engaged issue in respect of the ship - or such person report of the surveyor's that the ship complies as he may authorize in respect 275 applies, for the of a on, he shall, on to the lnue of Ship Safety Cenificate Construction and Survey Regulations applicable in the form prescribed (a)a certificate Convention tons and is to be engaged by the Safety gross where it is not less than five hundred and voyages; on international that it complies (b)in any other case a certificate showing with the said regulations, and any such certificate Construction Certificate.
is in this Act referred to as a Cargo Ship Safety or such person report in respect as he may authorize of a cargo ship, is for the for exemption under this Act from any of and Cargo slup E,cemption Qualified Safety Construction Certificate of the surveyor's on receipt that the ship is eligible 277.
Where the Minister purpose, satisfied the requirements such voyages remainder issue in respect as it is to be engaged he shall, of those requirements, of the ship - of those of the regulations applicable on, and that to the ship and to with the it complies of the owner, on the application gross tons and is (a)where it is of not less than five hundred - voyages on international to be engaged (i)an exemption the ship is certificate of the Safety from which of the Convention, stating exemption requirements exempt and that the the ship plying only on the engaged other conditions is conditional on and being voyages with the and complying and in the certificate, complies with from which it is not exempt; only in the trades specified those requirements (ii)a certificate showing that the ship (b)in any other case, a certificate showing that the ship of the Cargo with such of the requirements from which it and Survey Regulations complies Ship Construction is not exempt and to the voyages engaged, on which it is to be and any certificate referred issued to as a Qualified under paragraph Cargo Construction (a) (ii) or (b), is in this Act Certificate .
278.

(l) A certificate issued under section 277, other than an exemption 276 and a certificate issued shall remain in certificate, under section period Validity of Cargo Ship Safety CCftificate Constroction No.

7] LAWS OF C,'L'}A:'vA [A.D. 1998 1:::0 force foi five yr-ars wiihout exemption same P'�riorl prejudice cerl ificatc or snch shorter to lhe power of !he Ministt:r period in it, but as m,1.y be specified to c,mcel it, and an i�sucd under thi.

'-section shall remain in fori.


:e for the a_j the corresponding qualifa:d c,._·nif,cate.

tc the power of extension conferred is in force in respect under of a lhis section for a sho11er period than is allowed or \1!1.J person authorized of survey of ,jet.

:Jarations by him for the in respect (2)Without prejudice: ur,d;:;1 \Vas i�,::,i.:cd this Act, v,,hcre a certificate ship and the certificate under this section, purpose the ship t!1;:i!
period for \Vhich l�;nge:,,t the Mini:;ter 0:1 receipt it has been previously m?y, if s;iti�f:ed.

nol cxcecding is proper Perio.d to do so, grant an ex Lens ion of the certificate orie year and not exceeding, Lugether with the period ::xtenJcd under this subs�ction, the for whid1 it could have been issut:d under this Act.

of for a a�at1,s1 -\ppeal;; ,,.,,1hholdi11� ,hip's cemti,a1es '' ·le1en1:"" of foi!owir.g by t!1e ,vithholding the owner feels 279.
\Vl1;;'rc to be carried on aggrieved in accorda nce board the ship under this Act, or hy hi� ship being dctainerl under with section section 422. the survey of a shir, of an) ce,tificate to the Cuun of Survev constitLned required he m:i.y :ippcal 2.:;.-i_ "r valad,:y l'c"ods .,:· ccmfwah"> �hip Safety Certificate.

a Rad iv Certificate or an .stating certificate of the Safety Convention is wholly exemrt from the to raJio telegra phy, rel.iting that a ship and direction 280.
( 1) A Passenger exemption provisions radio-telephony Equipment Saft:ty of its i�sue or for sta.

:h shoncr sa\·e that 110 such certificate the Minister it has been issued ro the owner, master that the Ministt!r as may be specified shall be in force for one year and a finJers shall be ir.

fm le h:Jr t\VO years from the date periot.

<;hall re!1Min or agent of the ship.

in respect has cancrlled is given by of which the certificate.
in force after notice Certifi.i:atc, in the certificate; (2)/\11 exemption ship is •,orholly relating in force for thF: same period cc1tifo::ate, stating that a other than a certifirate of the Safety Convention shall be finders, certificate.
and direction qualified radio telephony as lhc ::orrespunding exempt from the provi��ions to radio-telegraphy, (3)Any c.::rtificate issued by the Ministct Shp Safety Certiricate ,.,-ith a:�y other safety whether certificate, in one in shall be admissible under this Act, and any or r.ot combined Passengt..·r document evidence.

L· 1cn,;, ,n rf rt,,n• nfv�l,d:1v o!

r.,·,11f;;alc.1 issued nf any et'rtificate 281.


(I) Where a Guyana ship is not in a port of Guyana on the date of expiry any such per<iun validity one month from its initial in thi...: aggre;;atc.

as he may authorize in the first date of expiry instance by a period not exceedin up to a maximum of three months to that .ship under this Act, the Minister of thal (ertificate for the purpose, may extend the or g (2)The extemion referred to in subscdion (I) shal!
be granted only for th� purpose of enabling the ship to proceed to a Guyana port or a A.O.

1998) GUYANA SHIPPING [No.

7 121 aport where it is to be surveyed certificate, the extension.

and then only where it appears for the purpose of renewal of such proper and reasonable to grant certificate of a ship unless 282.

A qualified respect corresponding be of no effect unless it is, by its terms, the ship is about to proceed.
exemption shall not be deemed to be in force in of the ship the certificate shall there is in force in respect certificates; and an exemption applicable to the voyage on which of Validily qualilied certificates 283.

Where an exemption Guyana ship specifies conditions of those conditions ship is guilty of any issued in respect is issued and any with, the owner or the master of the to a fine often thousand on which the certificate is not complied ofan offence certificate, and is liable dollars.
with Penally for non­ compliance condhK>nl of E,emption Certificates or certified copies thereof 284.

(I) All certificates Act, except exemption posted in a prominent of all persons on so posted while they are in force and the ship is in use.
certificates and accessible board; and the certificates issued under this or certified copies thereof, shall be place in the ship for the information shall be kept or copies thereof upof on Posiing certifie1tes board 1hip (2)The owner or master of a ship who fails without is guilty of an offence and is liable reasonable to a cause to comply with the section fine of five thousand dollars.

285.
285.

A surveyor - ship for the purpose of verifying of ships or any other marine officer may board any Sur.·ey IO verify Safety Certifica1es and compliance \Vilh condi1ions of issue (a)that there is in force in respect of a foreign Safety Convention ship, a valid Safety Convention Certificate; (b)that the condition of the hull.

equipment of any such Safety Convention particulars with the substantially certificate: and machinery ship corresponds shown in such a (c)that the number.
grades and qualifications of radio on board correspond with those officers or operators shown in that certificate: states of the Safety Convention radio-telephony; or that the ship is wholly exempt from the provisions relating to radiotelegraphy and except where the certificate (dJ that any conditions subject to which such a certificate, certificate, is of an exemption being the equivalent issued, are complied with.

to the appropriate in respect 286.


(I) The master of every foreign produce is demanded valid Safety Convention Convention be in force in respect of the ship Certificates Certificates authorities of an international from whom a clearance Safety Convention ship.

shall for the ship voyage from a Guyana port be required to issued by the Minister that would a clearance if it was a Guyana ship, and that are the equivalent of the Safety Produclion of Safety Convention Certificale No.

7) LAWS OF GUYANA [A.O.


1998 122 shall not be granted.

are so produced.

and the ship may be detained until those certificates (2)The production of a valid Safety Convention Certificate being the equivalent of - (a) a qualified (b) an exemption certificate; or certificate.

other than a certificate that the ship is wholly exempt from the provisions Safety stating of the Convention, shall not avail for the purpose the corresponding may be.
exemption of section certificate 287 unless there is also produced or qualified certificate as the case <>1 ln,pnU<Hl ,111r, h<>ld,n.� �.,,�" CnuHnUnn < u1,rocak, Certificate in and the ship it shall be accepted 285, unless under section is produced or inspection of a foreign Safety Convention 287.
(I) Where a valid Safety Convention respect ship shall be exempt from surveys there are clear grounds equipment certificate regulations of ships and their equipment does not correspond or that the ship and its equipment made under this Act respecting for believing after survey.

substantially that the condition of the ship or of its of the with the particulars with of conditions are not in compliance the maintenance is not acceptable (2)Where a certificate to in subsection the ship shall not be granted (I).
or if a certificate clearance referred valid.
can proceed to sea or to the appropriate danger to the ship or persons in writing notified of the circumstances, on board, and the following namely- due to the circumstances or ceased to be and shall be detained repair yard without persons until it causing shall be has expired (a)the local Consul of the ship's flag state or, m his of the diplomatic the nearest representative absence, ship's (b)nominated flag state; responsible subsection surveyors for the issue of the certificates (I).
referred to in or recognized organizations (3)Where any ship referred to in subsection to compensation it shall be entitled or delayed, as a direct result of such undue detention (2) is unduly for any loss or or delay.

detained damage suffered Slup nol '" pn'C«·d h• sl'a w,thrn,t ,,.,t,f,,.u,· 288.
(I) No Guyana ship shall proceed to sea on an international of the voyage from a port in Guyana unless there is in force in respect ship a11rropna1,• (a)where it is a passenger ship, a Passenger Ship Safety or a Certificate, or a Short Voyage Safety Certificate, which, Qualified Short Voyage Safety Certificate to Short subject to the provisions of this �cction relating A.D. 1998] GUYANA SHIPPING [No.
7 123 Voyage Certificates, which the ship which it is for the time being engaged; is about to proceed is applicable to the voyage on trade in and to the ship - (b)where it is not a passenger (i)a cargo Ship Safety Construction Certificate or a Qualified Cargo Ship Safety Construction Certificate; (ii)a Safety Equipment Certificate Certificate; or Safety Equipment or a Qualified (iii)a Radio Certificate, or a Qualified Radio Certifi­ cate, or an Exemption Radio Certificate.
(2)Notwithstan ding subsection (I), a Guyana ship that is not a ship may proceed passenger ship, such certificates namely, the certificates as would be required referred if it were a passenger ship, (I).

(a) of subsection to in paragraph to sea if there is in force in respect of that authorities 289.
The master of every Guyana ship shall produce to the appropriate for an international voyage force when the ship proceeds and the ship may be detained, for the ship is demanded by this Part to be in shall not be granted, to sea and a clearance until the certificates from whom a clearance are so produced.

the certificat es required lletcn1io11 of ship fur non.production uf ccnificates 290.
(I) Every Guyana passenger Guyana cargo ship having a length of twenty-four shall carry on board such information about the ship's prescribed.

ship, regardless of size and every meters and upwards stability as may be Ships In carry stability information (2)The information, shall be based on the determination inclining test of the ship but the Minister based on a similar determination of the stability of a sister ship .
a copy of which shall be sent to the Minister, stability may allow the information by means of an to be of the ship's (3)Where any ship proceeds or attempts to proceed as required by subsections to sea without (I) and (2), of an offence and is liable to a fine of ten having on board the information the owner or master is guilty dollars.

thousand 291.
thousand 291.

Any person who - lbr forgCI'" flcnalty of survey repon o cenilk�te (a)knowingly and wilfully makes or assists to be made a false or fraudulent in making or survey report procures under this Part; or (b)forges, assists fraudulently in forging, procures to be forged, alters, assists any in fraudulently altering • No.

7) LAWS OF GUYANA [A.D. 1998 124 such report or certificate, any signature to any such report contained or certificate, or anything in or b guilty of an offence.

of acc1dcnl.
of acc1dcnl.

Notice dcl"ect or altef'll· tion� alTecting 1hc dlicicncv scaworthinci;s the sl,ip or of Certificate 292.

(I) The condition Convention equipment respects Regulations provisions and any regulations with the made under this Act.
of any ship in respect of which a Safety issued under this Act is in force, including the of such ship, shall be maintained at all times to comply in all of the Safety Conven_tio n and of the Collision (2)Whenever an accident occurs to a ship or a defect is or machinery or any alteration is made to the ship's hull, equipment, which affects the safety of the ship or the or seaworthiness thereof, such accident, as soon as practicable following discovered, appliance efficiency, completeness shall, or alteration, of the accident, the owner or master of defect, defect or alteration, notice to the Director as the case may be.
describing give written discovery full particulars (3)Where notice is not given as required by this section, of an offence and is liable the to a fine of owner or master of the ship is guilty dollars.

ten thousand Rc-sur,·cy of a ship folluwm� al1cration, or damages 293.
(I) Where the Director of the last survey report in respect of any ship - has reason to believe that since the making (a) any alteration has been made as is mentioned in section 292; (b) the hull, equipment, has sustained insufficient, appliance, or machinery any damage or is otherwise of the ship or defective may require the Director thinks fit.

and if such requirement issued in respect certificate of the ship under this Act.
the ship to be again surveyed is not complied as he to such extent with, may cancel any (2)For the purpose of this section to "alteration" in relation a11ything includes the renewal or replacement of any part of it.

,\1'1>lin,11on<>f ['an'" 11,., ,iueu.

:n,1111 ', may direct shall apply to any foreign 294.

(I) The Minister thereof Guyana w:iters.


that this Part or any of the provisions ship or class of ship while within (2)Notwithstanding anything in this Part, the mm1ster may any foreign ship or the owner of any such ship from compliance made thereunder where the to such in the public interest.
proper and in such manner and upon such terms as he may consider relieve with any of the provisions relating Minister extent in the circumstances: of this Part or regulations in any specific case of emergency to inspection, may deem it necessary but the Minister shall not relieve or advisable any ship or the A.D. 1998] GUYANA SHIPPING [No.

7 125 from compliance owner thereof as would permit any ship to proceed unseaworthy condition.
with any such provisions to such manner to sea or to make any voyage in an may, at the request 295.

(I) The Minister country to which the Safety Convention that the requirements surveyed, complied Safety Convention.
and if satisfied with, shall issue certificates applies, cause a ship to be of the said Convention are with the to the ship in accordance of the Government of a Survey of forcrgn ,hi1>5 and is�ue ,1f Safety CertilicMc• Convenl1on (2) Any certificate that it has been issued at the request which the ship is or will be registered, receive to the effect so issued shall contain a statement of the Government in and it shall have the same force and the same recognition as a certificate this Part.
issue under of the country may request applies the Government of a country to authorized 296.
The Minister which the Safety Convention in that behalf by the Minister certificate that it has a statement issued in pursuance been so issued shall have effect for the purposes of this Act as if it had been issued by the Minister to act of a Guyana ship any the issue of which is required and not by the Government or any organization to issue in respect and containing of such a request under this Act; and a certificate of that country.

Survey nf (iuyana slnr,s by i>thcr Crn1vcntion ( 'uurnn�� 297.
Nothing in this Part or in any regulations unless it is expressly to provide d by such regulations, made thereunder, shall apply otherwise E�ccr,uuns (a) ships of war and troop ships; (b) cargo ships of less than five hundred tons gross tonnage; (c)ships not propelled (d) wooden ships of primitive build; (e) pleasure (f)fishing vessels.

yachts not engaged in trade; by mechanical means; 298.

The Minister requirements certificates Convention in respect does not apply.
and providing may make regulations prescribing the survey and issue of local safety of any ship of class of ship to which the Safety safety ri,r requircmcms Rrgu!ation� ,�fr1v and is,ue "I 1",al ,cn,fic,,ic, PART XI LOAD LINES 299.

For the purposes of this Part - means a country.

Country" "Convention party to the Local Line Convention Convention.
or a territo extends extended; and remains ry of such country that and which has not denounced to which the Convention the Government of which is a 1un I n1rrr,rc1a1 No.
7] LAWS OF GUYANA [A.D. 1998 126 "existing ship" means a ship which; is not a new ship; vessels" "fishing walrus or other living resources of the sea; means a vessel used for catching fish, whales, seals, "International voyage" means a voyage between (a)in a case of a ship registered in or flying the flag of a country other than Guyana which is a Convention the date from which it is declared country.
that the to Government the Load Line Convention, to which that Convention has ratified or acceded or that it is a country of that country applies; (b) in the case of any other ship.

the date of the coming into force of th is Act.

:,oo.

This Part shall not apply to - (a)ships of war; (b) pleasure (c)fishing vessels.

craft not engaged in trade; 1<, wind, (',,un1,ae, ( '"" enl,nn appl:e, 301.

The Minister countries that have ratified, Convention.
may from time to time by Notice publish a list of the Load Line acceded to or denounced l.o;ull.t1h· Re,•.,la\""" hereinafter may ,nakc such regulations as appear to him to be necessary for the 302 The Minister the "Load Line Regulations" purpose of giving effect to the Load Line Convention, prejudice prescribe Line Certificates does not apply.
to the generali Load Line requirements ty of the foregoing, such Regulations for the issue of local Load and provide in respect to as referred and without may also of ships to which the Load Line Convention Cer1tl-,rn1e, ,ss.wd LOm!er tile 1-""" l.,nef'o,.,c·"I""' 303.r I) An International ship which has been surveyed and marked in accordance Linc Convention.
Load Line Certificate may he issued to every with the Load (2)An International to any ship to which an Load Line Exemption exemption has been granted may be Certificate in accordance issued with the Load Line Convention.

(a)a port or place in Guyana and a port or place outside Guyana; or (b)a port in a Convention port in any other country not a Convention Country) or territory which is outside or thereof (whether Guyana, Country other than Guyana and a provided is made, no account however.
that in determining the ports between which a voyage shall be taken of any deviation by a ship from her A.D. 1998] GUYANA SHIPPING [No.

7 127 intended stances have prevented that neither voyage which is due solely to stress the master nor the charterer.
of weather or other circum­ if any, of the ship could or forestalled: "Load Line Convention" Lines 1966 and any amendments to be in effect for Guyana; declare means the International Convention on Load thereto which the Minister may, by order "Load Linc convention belonging to a country to which the Load Line Convention applies; ship" means an international Load Line ship "Load Linc Regulations" give effect to the Load Line Conventio n; means the regulations made by the Minister to "Load Line ship" means - Load Line ship, that is to say, an ship of not less than one hundred (a)an international existing tons or a new ship of twenty-four length which carries cargo or passengers international and fifty gross metres or more in voyages; and on (b)a local Load Line ship, thac is to say, a ship.
other than an international passengers; cargo or Load Line ship, which carries "new ship" means a ship whose keel is laid or which is at a similar stage on or afi:er - of construction 304.

(I) Where a Guyana ship has been surveyed accordance with the Load Line Regulations.

shall be issued to the owner of the ship, on his application.
and marked in the appropriate certificate .,nd l111c1.,,>11<>n�I t."(JI L o.ut 1.u,,· Cc,llill';,!e, • (2)For the purpose of this section the appropriate - certificate (a)in the case of an existing -ship of not less than one and fifty gross tons, and in the case of a new metres or more in length is to be Load Line Certificate hundred ship of twenty-four called an International and ( 1966) ; (b)in the case of any other ship, is to be called a Guyana Local Load Line Certificate - may request the Government 305.
(I) The Minister which is a party to the Load Line Convention to issue an International Load Line Certificate so issued and containing purposes of this Part as if it had been issued in respect a statement that it was so issued shall have effect for the of a Guyana ship and a certificate by the Minister.

of a country c·c111r,rn1c� i»LOl'd h\' <>ii>,·, !

'"�<"[Un>cnh (2) Where a valid Load Line Certificate issued in pursuance of of a ship, that ship shall, for the subsection \I) is produced in respect No.
7] L.-IWS OF GUYANA [A.D. 1998 128 purposes Line Regulations.

marks specified required by this Part.

rtf this Part.

be deemed to have bt:t:n surveyed under tht' l.o:1J :.md if the deck line and Load Line corre;spond .. the ship shall be deemed to be marked as in the certificate with th1..· may.

at the request the Load Line ConYention C',·,11h·.11c, 306.

The Minister .\1 Ill," '""Cd country to \\·hich <1!

,11i1,·, ,c,;uc,, �·""''""""I.'

Load I.inc Certificate 1ha1.

as in the case of a Guyana Ship.


he can properly issue the Cl'rtiticatl'; is issued anJ where a i:ertificate statement applies.

of a ship of that country .. if he is safr,fo .. ·J to the effect that it has been so issued.

issue an lnternation�il of the govcrnmcnt at such a request.

it shall contain in respect of ;1 c.1 R,-�.,1.,1,..;1, •, i., 307.
(I) With a view to detennining •h · ,.,;,d,1, .,: ,c,1,:·Ll·,11,·, ,,,rC,f1\ certilicates Li11e Convention as appear regulation� to have been issued of foreign to him t0 be necessary.

the validity in accordance the Minister purporting in respect ships.

111 GU\slll.l with the l.1ud lli may makl' sui.

:h (2)For the purposes of the provisions of this Part rt?l.itin)-'.
tn "a valid L�Jad Line Certificate" 1111:,111s madl' under ;i \Vith such of those regulations foreign ships the expression r..:omplying certificate (I) as arc applicabk in subsection the circumstances.

1,, 11,.,Sc I','""' ,,,k,� c,,·mp1,"" , of the Minislt'r of international voyages between 308.
( 1) Where in th1..· opinion conditions 111:ighbouring the provisions Mini�tt:-r that opinion, the Minister ships ply mg on such voyages is satisfied countries make it unreasonablt: to apply of this Act to ships plyin� on such u \·oyagc, and the concur 111 of thr other countries that those ports.

dirt?cl that the Governments may.

by order.

specifying and the sheltered n.11urc in ports in Guyana and ports or impracticable be exempt from the provisions of this Pan (:!)
The Minister metres in length t\\1cnty-four class of such ships specified this Part.

may, by order.

direct engaged in the order be e.-.

;empt solely in the coasting under that vessels trade.

or any of from the provisions tn such (3)Any order under this section may be made subject as the Minister tn conditions, thinks the exemption conditions subject effect to a ship unless in relation granted the ship complies by the order shall not have with those conditions.
tit, and where any such order is made '""'"''I''''"""''" ,,,·11•1•1, l"l""I 11<,.,·:,t,•,,.c,, of the mvner of a Guyana ship to which and the ship is either an existing ;.md fifty gross Ions or a new ship of not less than twenty four ship of not less than one 309.l 1) On the c1pplication thi� Pan applies hundred metres in Ieng.th, the Minister ship cmbn<lies features r..:omply with a!I the requirements ft:aturcs ,u1d their incorporation.
the may exempt the ship if in his opinion had to if the ship of this Part, the development of those impeded.

in the ship might be seriously of a novel kind or that a nature (:!l On the application uf the owner of a (iuyana ship to which this P.irt ;qlplies.

and which is neither - • A.O.


1998] GUYANA SHIPPING 129 (a)an existing ship of less than one hundred tons or a new ship of less than twenty-four or length; and fifty gross in metres (b)a ship, not falling within voyages, ply on international paragraph (a), which does not the Minister may exempt the ship.
and fifty gross tons or a new ship of not less than twenty-four (3)Without prejudice is either to subsection an existing (2), where a Guyana ship of not less than ship to which this Part applies one hundred metres in length, exceptional voyage, specifying the international on that voyage.
while engaged does not normally circumstances, the Minister, required voyages ply on international but is in al to undertake on the application a single internation of the owner of the ship, voyage in question, may exempt the ship (4)Any exemption subject granted shall exemption to such conditions those conditions not have effect unless fit; and any such are complied thinks with.

granted as the Minister may be under this section 310.
In this Part, any reference exemption to exempting a ship is an Extent of Exemption (a)from all the provisions or Regulations; of this Part and of the Load Line (b)from such of those provisions as are specified in the instrument granting the exemption.

311.

(I) Where the Minister the Director shall exempts issue the appropriate a ship under section 308 or 309 certificat e to the owner of the ship.

b.sueof Exempti<m.
b.sueof Exempti<m.

Certificata (2) For the purposes of this section, the appropriate e - certificat (a)where the exemption is granted (3)of section 309 is to be called Certificate ; and Line Exemption is granted (b)where the exemption (I) or under subsection Load an International under subsection (2) of a Guyana Local Load Line that section Exemption is to be called Certificate.

issued (3)Any certificate such manner, as may be prescribed under this section by the Load Line Regulations.
shall be issued in 312.

(I) The Load Line Regulations determining of which any exemption or 309 or any certificate issued g - includin shall make provision allt Duration extension of exemption for granted 308 303 is to remain in force under section under section the period No.

7] LAWS OF GUYANA [A.O.


1998 130 the period for which any such enabling or certificate within such limits is originally granted or issued and in such circum­ to (a)provision exemption be extended stances (b) provision as may be prescribed for terminating any such certificate and and for as in such circumstances by the Regulations; any such exemption cancelling may be prescribed.
(2) While any such certificate on the certificate shall be endorsed to - such information relating is in force in respect of a ship, there (a)periodical inspections of the ship in accordance with the Load Line Regulations; and (b)any extension of the period as may be prescribed for which the certificate was by the Regulations.
issued Effect of Load Linc Certificates 313. produced in respect of the ship to which the certificate relates - Where a valid Load Line Certificate issued under this Part is (a) the ship shall be deemed to have been surveyed in and with the accordance Load Line Regulations; in number to the deck line and load lines as the ship according (b)where Jines are marked on and description required positions positions certificate, required by those Regulations.
by the Load Line Regulations, and the of those lines so marked correspond the deck line and load lines as specified be dee�ed to be marked as the ship shall to the in the Duration.

renewal tlfld cancellation of Load Linc Certificate 314.

(1) Every Load Line Certificate issued of the Minister provisions therein unless it is renewed in accordance (2), expire five years from the date of its issue.
shall, of subsection but not exceeding at the end of such period as specified by or under the authority with the (2)Any such Load Line Certificate may, after a survey that is not than the survey required the issue of the certificate, authorized less effective before Director for such period person or other authorized not exceeding or by any person be renewed from time to time by the by him to issue a load line certificate as the Director five years on any occasion renewing the certificat fit.
e thinks by the Load Line Regulations (3) The owner of every ship in respect such in the in force, shall cause the ship to be surveyed months after the of which any of twelve remains manner at least once in every period certificate prescribed issue of the certificate should (2), and if the ship is not so surveyed, certificate, of three months.
but may, if he thinks fit extend remain in force, having regard the Minister the said period shall cancel the by a maximum n to subsectio A.D. 1998] GUYANA SHIPPING [No.

7 131 to any exemption 315.

(1) Subject Guyana ship being an international an international there is in force in respect Certificate.
voyage unless granted by or under this Part, no to sea on shall proceed load line ship of such ship an International Load Line Ships not to proceed to sea unless complying with Load Line Regulations ' (2)No Guyana ship, being a local load line ship, shall proceed to sea unless there is in force in respect Certificate.
of such ship a Local Load Line (3)The master officer from whom a clearance of every Guyana load line ship shall produce for the ship is demanded to be in force when the ship and the ship shall be shall not be granted by this section to the that is required to sea; and a clearance until that certificate is produced.

the customs certificate proceeds detained 316, (1) The Minister as the Deck Cargo Regulations, with where cargo is carried line ship.
prescribi in any uncovered may make regulations, in this section referred to ng requirements to be complied Deck cargo Regulations space on the deck of a load freeboards (2) Where special timber deck cargo, then, without (1 ), the Deck Cargo Regulations complied effect.
the Load Line Regulations to ships which are to have effect when carrying of subsection requirements to the generality to be prejudice may prescribe s where any such special with in circumstance for assigning freeboard has special provide only (3)In prescribing any such special requirements as are mentioned in subsection provisions in particular IV of Annex 1 to the Load Line Convention.
shall have regard (2), the Minister of Chapter to the ( 4)Where any provisions of the Deck Cargo Regulations are contravened ' (a)in the case of a Guyana ship; or (b)in the case of any other ship while the ship is within any port in Guyana, the master is liable of the ship is, subject to subsection (5), guilty dollars.
to a fine often thousand ofan offence and (5)Where a person is charged ( 4)it shall be a valid defence if proven the contravention weather the owner nor the charterer, or any other cause of force maieure was due solely to deviation or delay caused by stress of the master nor which neither with an offence to the satisfaction under subsection of the court that if any, could have prevented or forestalled.
(6)For the purpose of securing compliance Regulations, any person authorized in that behalf with the Deck Cargo may by the Director No.

7] LAWS OF GUYANA [AO.

1998 132 inspect any ship to which this Part applies uncovered space on its deck; and for the purpose any such person shall have all the powers of a surveyor n under this Act.

which is carrying cargo in any of any such inspectio l11sp,·CIL<l11 nt {,LJ\'a,,a L,wl !.me ,h1p, 317.

A surveyor Guyana load line ship for the purpose with.
this Part have been complied of ships or other marine officer of ensuring may inspect that the provisions any of al!cctl!1� pm,t,on .al ,h,r, !.uad : rnc 318.

(I) The owner or master of a ship in respect Pa11 is in force shall.

issu�d under this certificate which affects after any structural alteration of the ship, give notice the hull or superstructures full particulars U1rector containing of the alteration.
the load line marks is made in to the in writing of which a load line as soon as practicable (2) Where notice (I), the owner and the master of any alteration are guilty is not given as required by and each of an offence subsection is liable to a fine often thousand dollars.
(3)The Director powers specified in subsection may exercise with respect (4) where he has reason to any such ship his that - to believe (a)material alterations have taken place in the hull or of the ship \vhich affect the load line superstructure or marks; (b) fitting'> and appliances the freeing guard rails, thr crews, in as effective certificate was issued.
quarter for the protectio ports or the means of access to n of openings, s have not been maintained on the ship as they were when the a condition (4) In any such case the Director may - (a)cancel (b) require the Load Line Certificate; the owner to have the ship surveyed or as the Director such an extent requirement Load Line Certificate.
is not complied again to fit; and, if that with, he may cancel the thinks (5)Where a load line certificate may require the Director cancelled, which the certificate relates be detained comply with such requirement he is guilty fine of fifteen to deliver thousand dollars.

or has been has expired the owner or master of the ship to and the ship may to up the certificate of an offence and liable to a and if the owner or master fails without reasonable cause Submcr""" uf load line, 319.
(I) No ship shall be so loaded the ship has no list, the appropriate is to say, the load line indicating depth to which the ship is for the time being permitted Li:,e Regulations when in salt water, load line on each side of the ship, that the maximum or purporting as to submerge to be loaded.

to indicate under the Load A.D. 1998] GUYANA SHIPPING [No.
7 133 (2)Where any ship is loaded in contravention of an offence and is liable thousand dollars owner or master of the ship is guilty onw hundred subsection to which the earning capacity increased by reason of the submersion.
(3), as the court thinks and to such additional fine, as specified fit to impose having regard to the extent of the ship was, or would have been the to a fine of in of this section, (3)The said additional e or part thereof for every centimetr each side of the ship was submerged without any list.
fine shall not exceed fifty thousand dollars load line on by which the appropriate if the ship had been in salt water and ( 4) In any proceedings against an owner or master in respect of a contravention contravention weather owner, nor the charterer, of this section, was due solely to deviation or any cause of force maieure which neither if any, could have prevented or or delay caused by stress of the master, the forestalled.
it shall be a valid defence that the (5)Without ship which is loaded it ceases to be so loaded.

prejudice in contravention to any proceedings under this section, any until may be detained of this section 320.

(I) The owner or master of a Guyana load line ship who fails without Part is guilty with this cause ·to keep the ship marked in accordance dollars.
ofan offence and is liable to a fine often thousand reasonable Alteration or defacement luad tine marks of (2)Any person who conceals, removes, any person under his control alters, to conceal, defaces or deface or obliterate or pennits obliterates alter, this Part, except with Line Regulations offence and is liable any mark placed on the ship in accordance to authorize the authority of a person entitled under of the mark is guilty of an to a fine of fifty thousand dollars.
the alteration remove, with the Load 321.
(I) No Guyana load line ship shall proceed to sea unless - Ships not to proceed to sea unless complyinf with Load Line Reg ulations (a)the ship has been surveyed either Line Regulations authorized organization or at his request Minister Country; Convention (b)the ship complies by a surveyor in accordance with the Load of ships or by any to act in that behalf by the of any by the Government for the assignment in the Load Line Regulations; ( c) the ship is marked on each side with a mark hereinafter of load lines prescribed with the conditions the position indicating to as deck-line referred upperrnost deck and with marks hereinafter to as load lines, which the ship is perrnitted to load in various by the Load Line Regulations circumstances and of the referred maximum depths to prescribed indicating the several ' No.
7] LAWS OF GUYANA [A.D. 1998 134 (d) the deck-line in the positions and load lines are of the descriptions by the Load Line Regulations.

required and (2)Where the ship proceeds or attempts or owner thereof and the ship may be detained to sea in is liable to a fine 1 until it has to proceed of this section, the master contravention of one hundred been so surveyed and marked.

thousand dollars Production of Load Line Cenificates of Guyana 5h1p5 a valid Load Line Certificate 322.
The master of every load line convention to the Customs request produce whom a clearance clearance certificate Officer from for the ship a port in Guyana is demanded and a until the the ship may be detained shall not be granted and is produced.

upon ship shall, of Lu1d ProducliOn Line Cemfic:ues ships foreign 323.

Unless a valid Load Line Certificate a foreign ship.

the provisions proceeding or attempting apply to a Guyana ship.
of section to proceed is produced in respect 313 shall apply to that ship of · to sea from a port in Guyana as they Submersion of of Load L1r,es ships foreign 324.
Section Guyana waters 319 shall apply to foreign ships while they are m as they apply to Guyana ships, subject to the following - (a)no load line convention ship shall be detained and no shall be taken against the owner or master proceeding thereof, inspection (b)the expression by virtue of that section, except after an by a surveyor as provided - for in this Part; "the appropriate load line" means (i) in the case where a valid load_ line convention in respect on of the ship is produced certificate line the load as aforesaid, such an inspection appearing the to indicate maximum depth to which the ship is for the time being permitted to be loaded; by the certificate under the Load Linc Convention (ii)in the case where a valid load line convention is not so produced, the load line which with the load line indicating certificate corresponds the maximum depth to which the ship is for the time being permitted with the Load Line Regulations in accordance to be loaded.
Posting up of L<.>ild L,ne Cen1fica1e and er,lry uf Load Lme detail, 1n sh1p·s log book 325.

(I) Where a Load Line Certificate in respect of a Guyana load line ship - has been issued under this Part (a)the owner of the ship shall forthwith opon receipt cause it to be framed and displayed of the in some certificate.

conspicuous shall be kept so framed and displayed place on board the ship, and the certificate and shall be A.D. 1998] GUYANA SHIPPING [No.
7 135 so long as the certificate remains in force and the legible ship is in use.

and (b) the master of the ship before making any other entry in any official log book, as to the marking in the certificate.
shall enter therein the particulars of the deck-line and load line specified (2)Before any Guyana load line ship proceeds to sea, the master thereof shall (a)enter in the official log book the draught and freeboard to the depth to which the ship is for the time relating being loaded, is floating form as set out in the official log book; the density of the water in which the ship thereto in the and all other particulars relating (b)cause a notice in the prescribed form to be displayed in some conspicuous shall remain display ship is at sea.
place on board the ship and the notice while the ed and shall be legible (3)The master or owner of any Guyana of this section is guilty load line ship who fails to and is of an offence comply with the provisions thousand liable to a fine often dollars.

326.

(I) A surveyor of ships or other marine officer may board any and may demand the ship when such ship is within Guyana waters production for the time being of any Load L.ine Certificate of that ship.
respect in force in I nipecuon of shops regudins Lo1d Lines (2) Where a valid Load Line Certificate to the is produced surveyor be limited - to ensuring his powers of inspecting the ship with respect to load lines shall (a)that the ship is not loaded the certificate; beyond the limits by allowed (b)that the markings of the load line on the ship correspond with those specified (c) that no material in the certificate; alterations of the ship which affect the markings have taken place in the hull or superstructure of the load lines; and appliances for the protection of guard rails, (d)that the fittings openings, access to the crew's quarters the ship in as effective the certificate was issued.
freeing ports and the means of have been maintained as they were when a condition On (3)Where a valid Load Line Certificate to the is not produced surveyor, for in section 317 as if the ship were a Guyana load line ship.

he shall have the same power of inspecting the ship as provided No.

7] LAWS OF GUYANA [A.O.

1998 136 of Contravention Load Line Regulations det.ention of ship and 327.
(I) Where it is found upon an inspection referred that a ship is loaded in contravention detained thereof and proceedings 319.

319, the ship may be the master or owner of section against may be taken, under section to in section 326 (2)Where the load lines on the ship are not marked as specified in the certificate, to the satisfaction the ship may be detained of the surveyor.
until the matter has been rectified a ship is found to have been so (3)Where on an inspection of the matters unfit to proceed materially altered in respect or (d) that it is manifestly life, the ship shall be detained; Director shall the ship is fit to to in section referred to sea without the so detained but where the ship has been that as soon as he is satisfied danger to human order the ship to be released to sea without to human life.
proceed danger 326(2)(c) • PART XII CARRIAGE OF BULK CARGOES AND DANGROUS GOODS Bulk Cargoes Bulk cargo re,!,!lllations 328.

The Minister may make regulations relating to (a)the safe carriage of bulk cargoes having and stowage due regard to the Code of Safety Practice for Bulk Cargoes issued by the International Maritime Organization thereto thereof; and amendments or replacement (b)the safe carriage and stowage of grain in compliance with the International at Sea, 1974 and amendments thereof.
Convention for the Safety of Life thereto or replacements Precau1ions regardmg cargoes grain on board any Guyana ship, or is loaded 329.
(1) Where grain is loaded at any port in Guyana on any ship, all necessary precautions precautions owner who was charged laden with the grain, for the purposes and, if such the owner or the master or any agent of the the ship to sea shall be taken to prevent are not taken, is guilty of an offence and the ship shall be deemed of this Act to be unsafe by reason the grain from shifting; with the loading or with sending of improper loading.
and reasonable (2)Where any ship, loaded with grain outside necessary and reasonable grain from shifting, master is guilty of an offence and the ship shall be deemed for the purposes to be unsafe by reason of improper any port in Guyana so laden, having been taken to prevent precautions of this Act loading.
the owner or enters Guyana without the (3)No offence is committed any such port but for stress under subsection (2) where the ship or any of weather would not have entered • • , A.D. 1998) GUYANA SHIPPING [No.

7 137 other cause of force maieure.

charterer any, could have prevented or forestalled.
which neither the master, the owner nor the ( 4) Any person authorized of this section by Director to ensure the observance the grain, and the mode in which of provisions it is stowed and shall have all the powers of a surveyor Act.

may inspect of ships under this 330.

Any person who contravenes dollars.

and is liable to a fine of fifty thousand this Part is guilty of an offenceOff- .
Dangerous Goods mayby regulations establish to be carried in a ship are dangerous which goods, goods in with the International Convention for the Safety of Life at Sea, or materials 331.

(I) The Minister articles accordance 1974 relating thereto the International International to the carriage or replacements Maritime Maritime Organization.
thereof, goods and to amendments of dangerous and such regulations shall have regard to Dangerous Goods (IMDG) Code of the (2)Without restricting the generality of the foregoing, the Minister may by regulations prescribe - (a)• the method of packing (b)the quantity such goods; of such goods which may and stowing be carried in any ship; (c)the place or places within a ship in which they may be carried; (d)the marking container (e)the precautions that is to be placed on any package or in which goods may be placed for shipment; that shall be taken with respect to the of such goods and the powers of inspection to compliance with the provisions of the carriage determine regulations 332.
(I) No person shall send by or carry in a Guyana ship, except in 331, any dangerous accordance goods, signals the.Minister.

the carriage distress under conditions authorized.by save that this section shall not apply to ships, with regulations made pursuant Carriqeand maril.ingof danpuus ,oocll.
of military to section stores nor to (2)No person except a Guyana ship any dangerous nature on the outside accordance giving first address of the sender thereof with such regulations written of the nature the owner or master shall send by or carry in first distinctly goods without containing may make and without marking the same in as the Minister package to the master or owner of the ship.
of such goods and of the name and of the outermost notice their (3)This section shall applyto all foreign ships while loading at any place in Guyana as, they apply to Guyana ships.

No.

7] LAWS OF GUYANA [A.D. 1998 138 Offences 333.

A person is liable for the purpos to a fine of fifty thousand es of this Act, who contravenes dollars to be unsafe by reason this Part is guilty of an offence and and the ship shall be deemed, of improper loading.

and RcJe.

:tion disp,.,sal of danfl.erou� ti¥ ,h,p good� 334.
(I) The master or parcel any package and may require goods: or owner of any ship may refuse that he suspects the package might contain to be opened to ascertain any dangerous its nature.
to take on board (2)When any dangerous goods, or any goods that, in the opinion 332, the master of the master board any ship without section with any package neither liability the master in any court in respect or owner of the ship, are dangerous the marking goods, or the written have been sent notice described on in or owner of the ship may cause the goods, together or container thereof, to be thrown overboard; and nor the owner of the ship is subject to civil or criminal of such action.
• l·orfeuure dan':'t'fnus �oods of 335.

(I) Where any dangerous any ship in a manner that would constitute court having admiralty packaging jurisdiction be forfeited.
or container thereof, to may order the goods, and any goods have been sent by or carried in an offence under this Part, a (2)A court may exercise the powers conferred by subsection ( I) notwithstanding any offence ( a)that the owner of the goods concerned has not committed or is not before the court, or has had no notice of the and proceedings; (h)that there is no evidence to show to whom the goods of the goods, in respect belong.

but the court may, in its discretion.


require he given to the owner or shipper of the goods before they are forfeited.

such notice as it may direct to PART XIII SEAWORTHINESS OF SHIPS condition 336.

In this Part "unseaworthy of the defective reason of undennanning.

proceed to sea without natur� of its hulL equipment overloading or by and machinery loading.

unfit to to the havng n:gard to human life, for which the ship is intended.
of the service or improper serious ship" means a ship that is by reason danger ',e11d111� slup h' ,e.1 ,,, '"'""1.-nrth1 ,[.\[t' ship to sea from any port in Guyana in such an unseaworthy 337.

(I) Any person who sends or attempts foreign that the life of any person is likely guilty of an offence, unless to be thereby he proves either - state shall be endangered to send any Guyana or A.D. 1998] GUYANA SHIPPING !No.
7 139 (a)that he used all reasonable was sent to sea in a seaworthy or state; means to ensure that the ship (b) that sending the ship to sea in such an unseaworthy state was in the circumstances reasonable and justifiable.

• (2)Any master of a ship, Guyana or foreign, who knowingly takes such ship to sea from any port in Guyana in such an unseaworthy state that the life of any person guilty unseaworthy state was in the circumstances and justifiable.
taking he proves that the ship to sea in such an endangered, reasonable of an offence, to be thereby is likely unless shall be express of service or implied, of apprenticeship between the or in any any person is bound to serve on 338.

(I) In every contract owner of a ship and the master or any seaman thereof, instrument whereby board ship, there shall be implied, an obligation contrary, and the master of the ship preparing means to ensure reasonable the voyage commences the voyage.
during of the ship at the time when and to keep the ship in a seaworthy on the owner of the ship that the owner of the ship and every agent charged with the loading of the ship to sea, notwithstanding for sea, or the sending the seaworthiness any agreement shall use all condition of the ship, or the to the O""" ., nl,l,i,;,tjni, !<> nc\> lC):llHlrni, i,-.1w,11tllllll'."
(2)Nothing in this section shall subject the owner of a ship to any liability by reason where, owing to special such a state was reasonable circumstances, and justifiable.

of the ship being sent to sea in an unseaworthy the sending state of the ship to sea in 339.

(I) Where, whether or otherwise, the Director Guyana ship, or any foreign ship at a port in Guyana, ship, he shall, if before detained.
made to him on a complaint or representation to believe that any or a surveyor has reason is an unseaworthy time the complaint of the ship, ascertain is made in sufficient the ship ought to be whether or not or representation the sailing Dctc'"11'"1 "r l"""a",,nh,· ,11111 (2)Where the Director or surveyor is satisfied that the ship is an , unseaworthy ship, he may - (a)in the case of any ship, cause the ship to be detained; and (b)in the case of a Guyano ship, cause its Safety that the until he is satisfied to be suspended, Certificates ship is fit to proceed to sea.
(3)Where the ship is detained pursuant to subsection (2), the Director to prevent may adopt any measure the ship from sailing while it is an unseaworthy ship.

or means he thinks suitable or necessary (4)Where a foreign s111p has been detained to \\.

:hich a shall bt.

: the ship belongs under this section.

consular officer for the country· informed forthwith.

No.

7J LA IVS OF (jUl'ANA [A.O.


1998 140 (5)Where a ship has been dealt with under this section, the ship officer to or other marine or surveyed may he inspected any defect investigate or deficiency by a surveyor believed to exist.

(6)The owner or master (4) mny require in sub section person making an inspection that a person of a ship or a consular of his choice under this section.
or survey officer referred to accompany any (7) The surveyor or any other marine of shall as soon as practicable after action thereof forward of any report a full report made upon inspection to the Director or survey.

section.

therewith.

copies with together f icer acting under this is completed in connection (8)Any complaint stating in respect the name and address be in writing, he given to the owner or master section.

of the seaworthiness of a ship shall of the ship if action of the complainant.
and shall is taken under this l 1.1l"ln; '"'" and <1.1m;,1,:�, · In, that there was no reasonable and probable cause, 340.

( 1) If it appears by renson of the condition thereof, lht.· Government for the detention shall be liable of a ship or the act or default of the owner undei this Part of a ship as an unseaworthy ship, to pay to the owner of the ship - (a) his costs of and incidental to the detention and survey of the ship.
and (b)compensation for any loss or damage sustained by him hy reason of the detention or survey.

(2)If a ship is d etained under this unseaworthy, time of such detention to pay to the Government survey of the ship: and such costs shall.

remedy, be recoverable in the costs of and incidental Act, and the ship was at the the owner of the ship shall be liable to the detention without prejudice to any other and the same manner as salvage .
>�'<.WltV .�'''" lnr �"'" ''"'"�' '""'f'lam�n, t<> I) Where a complaint .141. t '" ,�.._,,,,,., a surveyor.

the complaina costs and compensation in subsection nt to give security ( 3 ).

is made to the Director, a marine such officer or officer may require for any such officer.

to the satisfaction of to pay as mentioned which he may become liable that a Guyana ship is unseaworthy. '
(2)The security referred to in subsection (I) shall not be required where the complaint relating to a ship - (a)is made by one-fourth.

to the ship; and seamen belonging being not less than three of the (b)is not in the opinion surveyor, as the case may be.

frivolous or vexatious, of the Directo r, marine officer or • • • A.D. 1998] GUYANA SHIPPING [No.
7 141 but in such case the Director, is made in sufficient whether for ascertaining time before the sailing of the ship, take proper steps the ship ought to be detained.

marine officer or surveyor.

if the complaint (3)Where a ship is detained in consequence of any complaint are such that the Government under subsection (I), and the circumstances is liable under section 340 to pay to the owner of the ship any cost.
or compensation, all such pay in respect cost; and compensation of the detention shall be liable as the Government the complainant and survey of the ship.

incurs or is liable to pay to the Government to PART XIV WRECK AND SALVAGE Wreck 342.

(I) The Minister who shall exercise relating to wreck and salvage.
general shall appoint direction a receive and supervision r of Wrecks for Guyana over all matters rccc,v�r ,,r wrnc� (2)Where the receiver is absent, any person to act as a receiver Minister to perform the duties there may be designated by the of wreck in any specified thi� Part.

area and of a receiver under 343.

(I) There sh al I be paid to the receiver incurred of such other matters as may be prescribed, entitled to any other remuneration.
by him in the performance of his duties and such fees in respect and the receiver shall not be the expenses properly ,.," "r",,;'" (2)The receiver shall, in addition to all other rights and remedies of the expenses and fees referred to in subsection (I), for the recovery have the same rights respect any such expenses or detain is given therefor the property of salvage due and remedies thereof to him and may.
if the property in respect and fees are due is not under arrest as a salvor in respect in any court, has in of which seize until his expenses to his satisfaction.

and fees are paid, or until security (3)Whenever any dispute arises as to the amount payable to the in respect of expenses or fees, such dispute shall be determined receiver by the Minister.

whose decision shall be final.


(4)All fees received by the receiver performed by him as such receiver, Government, and shall be applied in carrying paid into the Consolidated this Act into effect and, subject Fund.

in defraying in respect shall be accounted of any services for to the any expense duly incurred to such application, shall be 344.

( l) Where any vessel is wrecked.


( luyana waters or on the shores of Guyana, stranded the receiver or in distress shall, upon being in l)u1,· of rccc" �r �hop \S ,,i \\ht.

'J� ,liitl<'" No.
'J� ,liitl<'" No.

7] LAWS OF UU)ANA [A.D. 1998 142 made acquainted upon his arrival such duties fit for the preservation belonging to the vessel, with the circumstances, there take command of all persons forthwith and give such directions, and assign as he thinks to each person present of the vessel and of the lives of the persons present, and of its cargo and apparel.
go to such place, and (2)The receiver shall not interfere in any matter arising the management between of the the master and crew of the vessel concerning to do so by the master.

v�ssc\, unless he is requested • l'owc, ,,.· rcl,·"·c, ,nca,coi',hip in di,1rcss 345.
(I) The receiver or a vessel, persons its cargo or apparel - may, with a view to pre.serving shipwrecked (a) require such persons as he thinks necessary to assist him; (b)require the master or other person having the charge of any vessel vessel as is in his power; and near at hand to give such aid with his crew or (c) require the use of any available or machinery, vehicle equipment.
(2)Any person who refuses, impedes or obstructs comply with any requisition wilfully orders in the execut!on conviction dollar:i. shall be liable of his duties thereof without reasonable or demand made under subsection the receiver or any person acting under his excuse, to (I) or shall be guilty of an offence and on ten thousand to a fine not exceeding l>I 'l'C<,tvc, l',,we, "' use lu!�c I<> "'l'f"c,, m,d <f"nrd,r phmdc, disorder any vessel is wrecked, 346.
(I) Whenever Guyana waters or on the shores of Guyana, and any person plunders, creates shipwrecked may cause such person to be apprehended be taken bdOre a magistrate of the ship or of the of the ship, the receiver to be dealt with according or of the cargo or apparel the preservation and kept in custody or in distress or obstructs stranded persons to the law.
until he can in (2)rhe receiver of any plundering, may use such force as may be necessary to in referred or obstruction disorder for the (I), and may order any person to assist him in so doing.

suppression subst:ction (3)lf'any person lnses his life or limb or sustains by reason or any person acting under the orders of the the receiver of his resisting rt:ccivt:r Part.

neither liable I osin!.!.


his life or limb or sustaining in the exccution the receiver to any punishment of the duties entrusted nor the person acting under his orders shall be or to pay any any injury.

to the receiver damages by reason of the person injury by this I<' p,,,, l'u\\l'I "' ,., l.111,h ,1d1,,,,,n,c �47.

(I) When a vessel is wrecked, may for the purpose apparel_ of rendering or of saving the liie of any person· stranded assistance or in distress, any person its cargo or to the vessel.

A.O.
A.O.

1998] GUYANA SH/f'f'ING [No.

7 143 (a)pass and rcpass, equipment, some public with or without over any adjoining road equally vehicles, lands unless there is machinery convenient, and or (b)deposit on those lands any dargo or other articles recovered from the vessel, • or hindered being impeded without by the owner or occupier, damage to the adjoining of rendering that assistance.
or being subject to liability for trespass but such person may not cause any more lands than is reasonably necessary for the purpose by the owner or occupier of any land in of the rights (2)Any damage sustained of the exercise consequence be a charge on the vessel, damage is occasioned in case of dispute, shall, be recoverable, under this Part.
recovered cargo or articles and the amount payable be determined, in the same manner conferred by subsection of or by which the (I) shall in respect in respect of the damage and shall, as salvage!
of payment, and is determined in default (3)Any owner or occupier of any land who - (a) impedes or hinders conferred any person in the exercise of the whether by upon him by this section, rights locking gates, his gates or refusing upon request to open such (b) impedes or otherwise; or hinders recovered the deposit from a vessel of any cargo or other as uforesaiJ, on the articles land; or (c)prevents or endeavours to prevent from remaining deposited any such cargo or on rthe land for a time until it can be removed to a safe place other article reasonable of pub I ic deposit, shall be guilty exceeding ten thousand dollars.
of an offence and upon conviction be liable to a fine not Guyana.

348.

(I) Where any person finds or takes possession of any wreck or where any wreck found or taken possession within <iuyana rnking is brought possession within shall thereof the person finding such wreck and Guyana, of outside lJuu�" ol ,,ho fu><t, P'"'"" ,...,�d, give notice (a) if he is thi.
: owner thereof: that he has found or taken possession to the receiver, of such stating wreck and describing the marks by which the wreck may be recognized; (b) ifhc is not the owner thereof, the wreck to the receiver.

as soon as possible deliver or No.

7J LAWS OF 0UYANA [A.D. 1998 144 (2)The Minister may dispense with a delivery (I) in the case of any wreck upon such condition under required as he thinks subsection fit.
(3)Any person who fails, without reasonable cause, to comply (I) relatin£ of subsection with provisions thereof an offence and on conviction and in additio ten thousand dollars, shall be liable if he n shall, to a fine not exceeding is not the owner thereof - to any wreck shall be guilty of (a) forfoit (b)be liable any claim to salvage in respect thereof; to pay to the owner of the wreck if it is to the person entitled double the value of the wreck, to be recovered claimed, or if it is unclaimed thereto, in the same way as a fine of like amount under this Act.
for caki11;1 l'cndltv 1-r�c� at the tune of ca,ualtv a vessel of Guyana, d from the vessel 349.

(1) \Vhere on the shores separate taken from the vessel or in distress is wrecked, any cargo or other articles g to or belongin e lost or which are washed ashore or otherwis in Guyana waters or shall be delivered to the receiver.
(2)Any person whether to in the preceding referred of any such cargo or article to the receiver cargo or article, shall be liable or any person authorized by the receiver to demand such shall be guilty of an oftCnce to a fine not exceeding fifty thousand and on conviction dollars.
thereof or not the owner o f any cargo or articl e subsection, or refuses who conceals to deliver any such cargo or article or keeps possession (3)The receiver to him of any cargo or article the delivery may take such cargo or article by force from any person refusing deliver it to him.

or any person authorized referred by him to demand (I) to in subsection to Nohce of wreck 10 be !

',IVC by rl-ceiver 350.


Where the receiver within hours - forty-eight takes possession of any wreck, he shall (a)cause to be posted at the nearest and station, in such manner as he may deem fit, police published otherwise a description is distinguishe (b)if in his opinion the of the wreck and of any marks by which it d; and value of the wreck exceeds send a copy of such description ten to the dollars, thousand Director.

Delivery l(lOWl!N or wred his claim thereto to the satisfactio 351.
(I) The owner of any wreck in the possession of the receiver upon n of the receiver establishing six within months from the time when the wreck came into the possession of the due, be receiver shall, entitled to have the wreck or the proceeds en paying the salvage up to him.

delivered fees and other expenses thereof • • A.D. 1998] GUYANA SHIPPING [No.
7 145 (2)Where any wreck or other articles belonging to or forming or on in Guyana waters to and forming part of the cargo which has been wrecked or belonging is found on or near the shores officer the consular part of a foreign vessel the shores of Guyana, thereof, port in Guyana, belongs which the owners of such cargo are citizens owner and of the master agent of the owner, so far as relates wreck or such other article.
or, in the case of cargo, the consular of the country to which the vessel shall, in the absence officer of the country of of the to be the of the and disposal to the custody of Guyana or is brought into any or other agent of the owner, be deemed • • 352.(!)
The receiver in his opinion - may at anytime sell any wreck in his custody, if lmmcdi�le s�lc oi' wreck by rccc,vcr 111 cc11a111 rascs (a)it is under the value of fifty thousand dollars; (b) it is so damaged or of so perishable a nature that it cannot be kept; with advantage (c)it is not of sufficient (d)it has not been removed value to pay for storage; or a time specified within by the receiver.
(2)The proceeds of any sale made under subsection (I) shall, the expenses after defraying purposes, wreck had remained unsold.

thereat: to the same claims, and subject be held by the receiver rights and liabilities for the same as if the 3.53.

(I) All wreck, Guyana, shall would be subject be subject being foreign goods brought or coming into goods as those to which such Wted.<·d SL1b1ect g,x,Js t" duties to the same duties if they were imported into Guyana.
(2)If any question arises as to the origin of any goods referred to (I).

they shall be deemed to be the produce of such country in subsection as the Comptroller of Customs may on investigation determine.

(3) The Comptroller of Customs shall permit - saved from any ship wares or .merchandise on her homeward (a)all goods.

stranded forwarded or wrecked to the port of her original (b)all goods, wares or merchandise or wrecked on her outward to the port at which they were shipped.
voyage to be destination; saved from any ship voyage to be and shall take security but the for the due Fund in respect of those of the Concolidated of Customs stranded returned Comptroller protection goods.

3.54.

(I) The Government found within Guyana and brought within Guyana, has granted Government any part of Guyana or found to any person of Guyana is entitled wreck to all unclaimed Ri:,,ht to 1111cl,i,med of outside \\'In, or taken possession except in any place where the the right to any such wreck.
No.

7] LAWS OF GUYANA [A.D. 1998 146 (2)Where no owner establishes a claim to - any wreck which (a)has been found in Guyana or found or taken possession of outside Guyana and brought and into Guyana; (b)has been in the possession of the receiver of wrecks for six months, shall sell such wreck and pay to the Government the proceeds the receiver thereof payable Minister after deducting to him and such amount of salvage in each case may determine.
therefrom the expenses of the sale, the fees as the to salvors payable of Delivery unclaimed wreck by receiver not to prejudice title 355.

Upon delivery of any wreck by the receiver shall be discharged thereof third parties shall not prejudice concerning from all liability in respect or affect any question the right or title to the wreck.

of any wreck or payment of wreck pursuant of sale the proceeds to this Part, the receiver thereof, but the delivery which may be raised by Removal of wreck by port.
harbour or other authority 356.
(I) Where any vessel any port or harbour, opinion of the Director, navigation port or in any approach or to life boats engaged thereto, or in any approaches to be likely in life boat service may - the Department is sunk, stranded, wrecked in in such manner as in the or abandoned thereto, to be an obstruction or danger to in that harbour or (a) take possession of, and raise, remove or destroy the whole or any part of the vessel; (b) light or buoy the vessel or part of such vessel until the raising, thereof; or destruction (c) subject it thinks removed, exercise proceeds incurred, p�sons entitled removal to subsections fit the vessel and also any other property of its JX)wers under this section, of the sale reimburse and hold the surplus, thereto; (2) and (3), sell in such manner as so raised or in the recovered and out of the itself if any, in trust for the or the part thereof for the expenses Provided, Fund unless sale.
however: that such surplus shall be paid into the Consolidated such persons establish a claim thereto within one year of the (2)Except in the case of property or which would deteriorate under this section, sale has been given in the � or by advertisement newspaper.

seven clear days' notice of the intended in a local in value by delay, until at least which is of a perishable nature, a sale shall not be made (3)At any time before.
owner thereof shall be entitled payment ascertained to the of the fair market by agreement any property to have such property delivered is sold under this section, the to him on value thereof; and such value shall be and such owner or, failing between the Director A.D. 1998] GUYANA SHIPPING [No.

7 147 such agreement, Director.


by some person to be named for the purpose by the (4)If the proceeds of sale of any property are less than the costs incurred difference from the owner of the vessel by the Department concerned sold under this section may recover by civil action .

such being the owner of any vessel 357.

(I) If any person, submerged, sunken or stranded vessel such owner, wishes from Guyana, such person shall before commencing obtain up operations.
to break up such vessel salvage of the receiver.
or being the agent or servant of thereof prior to the removal permission or any wrecked, the written or breaking Breaking and removal of wrecks (2)On receiving vessel under this section, in granting such permission any application the receiver for permission to break up any may grant such permission and may, (a)stipulate such conditions as he considers necessary to minimise the risks, security or effects of any pollution; and amount as he may in such reasonable (b)require consider removal necessary of such vessel or any portion thereof.
to ensure the safe and effective (3)Any person who, without the previous written permission of does or causes to be done any salvage submerged, or any wrecked, or breaking sunken or stranded up Guyana, shall be guilty of an offence and on on any vessel the receiver operations vessel lying within conviction dollars, shall be liable and to imprisonment thereof to a fine not exceeding one year.

for a tenn not exceeding fifty thousand 358.


The provisions shall apply to every article or ballast cargo, of a vessel.
stores of this Part relating or thing being to the removal or forming part of wrecks of the tackle, £�1enc of power of removal of ,...,eek Any person who takes into any foreign port and sells there any in distress, or anything 359. whether stranded, vessel, or any part of the cargo or apparel Guyana, thereto, or any wreck found in Guyana, shall be guilty on conviction thereof dollars and to imprisonment to a fine not exceeding of a tenn not exceedin or otherwise shall be liable of an offence and derelict thereof g three years.
found in belonging fifty thousand Taking wreck 10 a port foreign 360.

(I) A person shall endeavour unless acting he acts under the authority as such.

to board any vessel not, without the leave of the master, board or which is wrecked, stranded Unauchoriied boarding or in distress, of wred of the receiver or a person lawfully (2)Any person who contravenes by the master of the vessel, of an offence and .
five thousand dollars exceeding if necessary thereof on conviction subsection (I) may be removed by force, and shall also be guilty shall be liable to a fine not No.

7] LAWS OF GUYANA [A.O.

1998 148 (3) Where a person refuses to allow any person duly authorized by the receiver to a fine of five thousand dollars.

to board any wreck, he is guilty of an offence and is liable ln!t'rlcnn!

( wllh ,..,·,rck.

etc 361.


(I) A person shall not - (a)impede or hinder o r endeavour in any way to impede or hinder, being stranded cargo or apparel the saving of any vessel or otherwise thereof.

(b)conceal any wreck or deface obliterate in distress stranded or any wreck; or any part of the any marks of or in danger • or thereon: (c)wrongfully carry away or remove any part of a vessel stranded distress, any wreck.
or in danger of being stranded or any part of the cargo or apparel thereof, or otherwise in or (2)Anyperson who contravenes subsection (I) shall be guilty of an offence ten thousand dollars.

and on conviction therefore shall be liable to a fine exceeding ir� r,,, \,uumar, 1,,,,,c,h ,,,nce�lment ,,1 "'""� :S62.
Where the receiver \Heck is secreted owner thereof may apply to a Magistrate suspects or is in the possession for a search of some person wh� or that any wreck is otherwise improperly dealt that any is not the with, he warrant under this section.

or receives information Salvage lmt'•l"'·1a,"rn means a substantial 363.

For the purpose of sections 364 to 397 'damage to the environment' damage-to human health or to marine life or thereto.

major accidents: resources caused by pollution.


or inland waters or areas adjacent or similar contamination.

fire.

explosion in coastal physical casualty" of navigation in material means a collision or other occurrence damage or imminent "maritime incident it.

resulting vessel or cargo: of vessel$, stranding on board a vessel or external to or other threat of material damage to a ''payment" this Part: means any re\vard.
remuneration or compensation due under "salvor" means any person rendering salvage servicl's: "salvage operation" or an: other property means any act or activity in danger in navigable a vessel waters or in any other waters: undertaken to assist "services salvage salvage operations; " means services rendered in direct connection with • • A.D. 1998] GUYANA SHIPPING [No.

149 "property" to the shoreline means any property and includes freight at risk; not permanently attached and intentionally "Salvage 1989.
Convention" means the International Convention on Salvage.

364.

Sections or to mobile off-shore engaged location resources.

mineral 363 to 397 shall not apply to fixed floating platforms drilling in the exploration, units when such platforms or units are on or production exploitation of sea-bed to llOO·IPf'licat,on platforms ind dnlling units vessels 363 to 397 shall not apply to warships owned or operated 365.
(I) Sections commercial the time of salvage operations, prinicples recognized apply the Convention of international to such ships or vessels.

to sovereign law unless immunity by a foreign State and entitled, at under generally that State has decided to or other non­ Non-application to fOrei11n sl.11e-owncd Ve<Sd (2)For the purposes of any proceedings signed by the Secretary-General under this Act, a setting certificate Organization, Convention and conditions facts stated therein.
to ships and vessels out a State's referred of the International Maritime to apply the Salvage (I) and the terms of the shall be orima facie evidence decision to in subsection of such application, 366.

(I) Where services are rendered - Life Salvage (a)wholly or in part in Guyana waters in saving life from any vessel or aircraft; or Guyana waters, (b)outside in saving life from any Guyana vessel, the owner of the vessel.

salvor out in this Part.


a reasonable aircraft, amount of salvage cargo or apparel to be determined saved shall pay to the in the manner set (2)Salvage in respect of the preservation of life, when payable by the owners of a vessel, salvage.

shall have priority over all other claims for (3)Under no circumstances shall salvage be due from a person whose life has been saved .

.

167.
.

167.

(I) Where any vessel in Guyana waters or on the shores is wrecked, of Guyana and stranded - services or aircraft are rendered or in distress sa1vagc<>fcar!_(o (a)by any per!.On assisting the cargo or apparel or aircraft or saving or any part thereof; of the vessel the vessel (b)by any person other than the receiver in saving any wreck, No.

71 LAWS OF GUYANA [A.D. 1998 150 the owner of the vessel, salvor, a reasonable out in this Part.
aircraft, cargo, amount of salvage, apparel to be determined or wreck shall pay to the in the manner set in the event of a maritime (2) A salvor of human life.

who has participated in services shall be to the salvor or minimizing rendered entitled for salving damage to the environment.

rise to salvage awarded share of the remuneration the vessel or other property to an appropriate or preventing casualty giving e�cluded Sc-r.·,�c, from ,al,a�c rcmtmNJ1W!l 368.
Nothing remuneration in this Part shall entitle any person to salvage (a) in respect of salvage and reasonable express the part of the vessel property to which such services y to any se1 v1t:es rendered prohibition or aircraft of such services or by the owner contrar on of are rendered; by a tug to, or in respect rendered of services (b)in respect which she is towing or aircraft of the vessel thereof.
exceptional the contract character of towage: except where such services such as are outside or the cargo are of an the scope of (c)if he has caused the distress either or through intentionally rise to the salvage, giving negligence; (d)if and to or unlawfully such extent as it appears disposed of any property salvaged.

that he has concealed Cono.lniuns for J69.

(I) Except as otherwisepro\lided in section operations shall be due under this Act if the salvage 378 no remuneration had no useful result.
(2)A salvor shall be entitled to remuneration under this Part not\\ ithstanding operation the same owner.

and tlie vessel.

that the vessel.

or aircraft performing aircra1[.

cargo or other property salved the salvage belong to 370.

(I) Sections unless a contract 363 to 397 shall aprly 10 any salvage operation expressly or by implication provides otherwise.
(2)The ma�ter of a Ciuyana for salvage vessel hJvc fill' authority or th .. · owner of the operations shall have the vessel and the owner of a Ciuyan.1, :-hall on behalf to to conclude contracts on behalf of the owner of property on contracts and the master conclude vcssel, aulhority hoard the ves.,;.;el.

(3)Nothing in this section shall affect the application of Sc,,tion 37 !

0r the duties pnwided to prevent or minimize damage to the environment 373.

(b) or section 37?.
(b) or section 37?.

and paragraph 111 paragraph (b) ofsectinn A.D. 1998] CUYANA SH//'PINC [No.

7 151 371.

Any contract annulled that - or modified by a competent Court.

where it appears relating to salvage may be or any terms thereof to the Court.

o, .\mn,!n1c·nt ,nud,!ic3Uuu uf �,,.m�ct> (a) the contract influence or inequitable: had been entered into under undue or the influence of danger and its terms are • (b) the payment under the contract is too large or too small .
rendered for the services actually 372.
The salvor shall owe a duty to the owner of the vessel or J>u1iC$ofsa1,,,, other property in danger to- (a)carry out the salvage (b)exercise environme graph (a); due care to prevent operation with due care: or minimize the duty specified damage to the in para­ nt in performing (c) seek assistance stances reasonably from othcrsalvors and so require: whenever the circum­ (d)accept the intervention of other salvors to do so by the owner or master of the vessel in danger provided requested or of other property of his reward shall not be prejudiced was unreasonable.
that such a request that the amount where he proves when reasonably 373.
The owner and master of the vessel or the owner of other property shall owe a duty to the salvor- in danger own,:r lluliesuf "'"lm�ter (a) to co-operate fully with him during the course of the salvage operations; due care to prevent the duty specified or minimize (b)in performing exercise environment: been bought to a place of safety to accept redelivery when reasonably to do so by the salvor and when the vessel or other property has in paragraph requested damage to the (a) to .

• 374.
(I) The Director may - Powers .,f1hc f>iR..:lnr to any salvage operation; and with generally recognized in relation in accordance of international following (a)give directions (b) take measures principles ment from pollution acts relating to such casualty expected in harmful to result law to protect the environ­ casualty or be which may reasonably a maritime consequences., (2)The Director shall, in giving directions (I) take into account the need for co-operation and taking measures between under subsC"ction salvors, efficient other intersected and successful parties and the Department in order to ensure the performance of salvage operations for the purpose No.
7] LAWS OF GUYANA [A.O.

1998 152 of saving life or property in danger as well as preventing environment in general� damage to the (3)Any public officer the Director as referred due care in preventing or other person acting under directions be under a duty to exercise damage to the environment.
to in this section shall or minimizing of (4)Any public authority or an officer thereof who is reasonably within the vicinity at sea shall render assistance in V of a vessel or person in distress or danger of being lost to salve the vessel and life by covoperati ng • and provision (a) the procurement (b)the admittance (c)ensuring the efficient of facilities to salvers; in distress; of the performance for the purpose of salving life or and successful to the port of vessels salvage operation and property; (d) preventing or minimizing damage to the environment.
Cri1cr11 fo, ri�1n11 reward ulvai,ie 375.
Salvage salvage operations, regard to the order in which they are listed reward shall be fixed with a view to encouraging without taking in�o account the following criteria - (a) the salved (b)the skill and efforts value of the vessel of the salvors in preventing or and other property; minimizing damage to the environment; achieved of the danger; of the salvors (c) the measure of success (d)the nature and degree (e)the skill and efforts and life; (f) the time used and the expenses other property by the salver; in salving the vessel, and losses by incurred the salvors; (g)the risk of liability and other risks run by the salvors or their equipment; (h)the promptness of (i) the availability the services and use of vessels operations; intended and (i) the state of readiness for salvage rendered; and efficiency of the salvors' or other equipment equipment and the value thereof.
Rapon11b,Li1y payme�l for of reward 376.

(I) Payment shall be made by all of the owners of the vessel intere�ts of a reward fixed in accordance to their respective in proportion with Section and other property salved values.

375 (2)For expediency referred of all interests right to be reimbursed the shipowner shall pay the reward on behalf {I) subject to his retaining the to in subsection by these other interests.
(3)The shipowner who makes the payment under subsection may require the other interests to provide security not exceeding (2), the • • • A.D. 1998] GUYANA SHIPPING [No.

7 153 values of their respective reimbursed.

salved interests until he has been fully 377.

The salvage legal costs that may be payable of the vessel reward excludin thereon, salved .
and other property g any interest shall not exceed the salved and recoverable Quantum of rew�rd value has carried which by itself out salvage or its cargo threatened 378.

(I) Where a salvor a vessel and has failed to earn a reward under this Part equivalent special to special expenses under subsection from the owner of that vessel compensation as defined in subsection (3).
at least to the (2), he shall be entitled equivalent to his Special compensauon damage to the environment compensation operations of assessable in respect operations (2)Where in the circumstances has prevented by his salvage compensation (I) may be increased by the salvor; incurred set out in subsection (I), the damage to or minimized by the owner to the up to a maximum of thirty and the court or person under subsection the special payable salvor the environment, salvor per cent of the expenses detennining such special section hundred per cent of the expenses the award may where it or he deems it fair and just, increase compensation further; 375; but in no event shall the total increase by the salvor.
set out in in mind the criteria be more than one incurred bearing (3)For the purposes of subsection expenses operation means the out of pocket salvage reasonably criteria reasonably and a fair rate for equipment taking operation, 375.
(h), (i) and U) of Section used in the salvage set out in paragraphs (I) and (2), "salvor's incurred by the salvor and personnel expenses" in the and n the into consideratio actually (4)The total special shall be paid only if and to the extent than any reward recoverable under section 375. compensation assessable under this section that such compensation is.greater ( 5)Where the salvor, in carrying out the salvage operations, has acted negligently the environment, compensation payable and has thereby he may be deprived or minimize of the whole or a part of any special failed to prevent damage to under this section.
(6)Nothing in this section to the owner of the vessel.

available shall affect any right of recourse 379.

No payment exceed what can be reasonably contract operations is due under this Act unless considered the services as due performance into before the danger giving rise to the salvage entered arose.

rendered of a 1endercd Services under existing cnntract!

380.

(I) The apportionment reward, listed fixed under section in that section.
between salvors between salvors of a Appoltlonmcnt hctwecn salvoes 375 shall be made on the basis of the criteria No.

7] LAWS OF GUYANA [AO.

1998 154 (2)The apportionment between of each salving persons law of the State in which such vessel in the service the owner; •master vessel shall be determined and other by the is registered.
referred to in subsection (I) has not been (3)Where the salvage out from a vessel, carried law governing the contract absence of formal contract ment and disburse according decision.

to the merits the apportionment between the salvor the court or person ment shall apply general shall be determined and his servant; determining by the and in the principles of law and equity the apportion­ of the cases in order to reach a just and equitable Salvor'� misconduct may be deprived 381.
A salvor due to him under this Part to the extent become necessary or if 1:,-:= salvor or more difficult tas been guilty of the whole or part of the payment that the salvage operation on his part has because of fault or neglect of fraud or other dishonest conduct.

Mar111me lten Jo2.

Nothing in this Part shall affect the salvor's under Part IV, provided however maritime lien when reasonable and costs, has been tendered security or provided.
that the salvor for his claim, may not enforce his including interest maritime lien Duty to provide secumy 383.

(I) A person liable request claim, of the salvor, including interest give security for a payment and costs of the sa\vor.
under this Act shall, upon the of the salvor for the to the satisfaction (2)Without shall take all reasonable to subsection steps to ensure (I), the owner of the salved that the owner of the cargo prejudice for the claims against to the satisfaction of such owner of the vessel interest them, including or of the and cost, before the vessel provides salvor cargo is released.

security (3 ).
security (3 ).

The salved vessel and property the consent from the port or place at which they first arrive shall not, without of the salvor, be removed after the completion satisfacti relevant on of the salvor vessel or property.
of the salvage operation, has been put up for the salvor's until security to the the claim against • (4)In the event of any dispute for a payment between under this Act, or between liable and the owner of the cargo referred security over the salvors' behalf, decide to be provided under this section, claim may, upon the application and a person the salvor the owner of the vessel (2), relating to the the Court having jurisdiction the amount and the terms of such security.
to in subsection of any such party in that !ntenm payment 384.

(I) The Court or person adjudicating upon the application make an interim the salvor and on such terms including may be fair and just in the circumstances of the salvor, of such amount as the Court or person terms as to security the claim of the salvor may, order for payment to may deem fair and just, of the case.

where appropriate, as • • A.D. 1998] GUYANA SHIPPING [No.
7 155 (2)In the event of any interim payment under subsection (1) the security 383 shall be reduced provided under section accordingly.

385.

Non-commercial cargoes time of salvage operations, recognized arrest without or detention the express by any legal process, consent principles of international to sovereign of the State owner of such cargo.

immunity at the under generally to seizure, law, shall not be subject owned by a State and entitled or to any � proceedings, State-owned cargoes 386.
No humanitarian seizure, service or detention, in respect arrest rendered agreed where such State has cargoes.

of such humanitarian cargoes donated by a State shall be subject to Humanitanan cargoes to pay for salvage as to the amounts 3 87.
(I) Disputes within or outside any vessel, agreement, Magistrate's aircraft, arbitration Court in any case where - Guyana arising cargo, apparel or otherwise, be determined or wreck shall, if not settled summarily by by a of salvage, Dcter111inat1011 of .salvage between the salvor and the owners of whether rendered dispute (a)the parties to the dispute (b) the value of the property or thousand dollars; hundred consent; saved does not exceed five ( c)the amount claimed does not exceed fifty thousand dollars.
(2) Subject to subsection (I) disputes as to salvage by the High Court, determined High Court more than five hundred charges entitled prosecution to be tried by the High Court.

of his claim unless to recover any costs, thousand or expenses the court certifies shall be recover in the he shall not be dollars, by him in the incureed that the case is a fit one but if the claimant does not (3)A dispute n either applicatio their respective agents.
relating to salvage may be determined of the salvor or of the owner of the property on the or of saved, (4)The Court or the arbitrators may for the purpose as an assessor, affairs and there shall be paid as part of the costs of the for determination assistance call to their as to salvage any such in of determining to whom a dispute any person is knowledgeable referred dispute maritime proceedings may be prescribed.

to every such assessor in respect of his services such sum as 388.
Every agreement under threat annulled terms and conditions or modified relating to salvage entered into urgently of danger may, at the request of either party thereto, and be Reciss1on sail�ai:e ducument of by the High Court where the Court considers of such agreement are not reasonable.

that the No.
that the No.

7] LAWS OF GUYANA [A.D. 1998 156 Appeal 1n cases ot salvage dispute 389.Where a dispute or other tribunal, therefrom, relating to salvage has been determined by a Court may appeal by the decision any party aggrieved in like manner as in the case of any other judgement.

\'alt1anon property salvaged of 390.

(I) Where any dispute on the application and where such a valuation both parties.

relating of either party, appoint to salvage a valuer the Director to value the property, arises.

may.
may.

is made shall give copies of the valuation to (2)Any copy of a valuation and certified to be signed in evidence by the valuer in any subsequent proceedings.

made under subsection (I) purportin g as a true copy shall be admissible (3)Such fee as the Director made under this section may direct, shall be paid in respect of by the person applying for such any valuation valuation.

lktenuon of propeny liable ,alvage to by receiver 391.
(I) Where salvage is due to any person under this Act, the receiver shall (a)where the salvage is due in respect of services rendered in assisting therefrom detain any vessel or aircraft or in saving life or in saving the cargo or apparel thereof, the vessel, (b)where the salvage aircraft, and is due in respect of the saving of any and the wreck is not sold as unclaimed cargo or apparel; under this wreck, Act, detain the wreck.
(2)Except as hereinafter vessel or aircraft made for salvage and the cargo or apparel or process is issued or the wreck, until payment or detention by a court.

for the arrest is provided, the receiver shall detain the may release (3)The receiver wreck detained satisfaction, claim for salvage exceeds fifty thousand dollars, raised aircraft, cargo, is given to his of a Judge of the High Court where the is as to the sufficiency under this section, or to the satisfaction of the security.
where security any vessel, and any question apparel or (4)Any security to by a court in the same manner as if bail had been granted given for salvage fifty thousand in pursuance may be enforced dollars of this section in that an amount exceeding competent court.

Sale of detained propeny 392.


(I) The receiver wreck detained t!1e salvage d�tcntion, in respect in the following may sell any vessel, aircraft, cargo, 391, when the person is detained apparel or liable to pay are aware of the of which the property circumstances.

by him under section • • A.O.

1998] GUYANA SHIPPING [No.
7 157 of the (a) where the amount is not disputed and payment amount due is not made within become due; twenty days after it has (b) where the amount is disputed but no appeal lies from the decision and payment decision of the court to which the dispute is not made within twenty was referred, days after the of the court; ( c) where the amount is disputed and an appeal n of the court which the dispute lies from is referred, the decisio and within thirty payment commenced to appeal.
days after the decision of the court no of the sum is made for proceedings or of obtaining the purpose of appeal leave are not (2)The proceeds of sale of any vessel, of the costs of the aircraft, or cargo, apparel by the sale, be applied of the proceeds in payment after deduction wreck shall, receiver shall he paid to the owners of the property, thereto Consolidated and the balance or any other person of any such owners or person, of the costs of salvage or in the absence Fund.
entitled to the amount of salvage in Guyana has been finally Appon1onmet11 of small amounts of s1lvaKe by this Part or by agreement, payable in respect either determined in the manner provided rendered 393.

(I) Where the aggregate services of salvage by a Magistrate does not exceed fifty thousand apportionment such amount may apply to the receiver to the receiver.
thereof among several and as to the arises dollars, but a to pay liable dispute the person claimants, for permission to pay such amount (2)The receiver may, where he considers appropriate, the receive paying (I) and shall grant to the person in the amount paid and the services to in subsection amount referred the amount a certificate respect of which it is paid .
stating granted (3) A certificate amount shall be a full discharge amount is paid and to his vessel, against mentioned the claims of all persons in the certificate.
under subsection (2) in respect of any and indemnity to the person aircraft, cargo, apparel by whom the and effects, whomsoever in respect of the services ( 4)The receiver promptly shall, among the persons entitled thereto any amount received distribute in such shares by him under his section and proportions to him to be payable to any person as he thinks who is absent.
fit, and may retain any money which appears (5)A distribution pursuance of this section persons claiming to be entitled of any amount, sha11 be final and conclusive made by the receiver in all as against of the amount distributed.

to any portion No.

7] LAWS OF GUYANA [A.D. 1998 158 nf i\pporuon111en1 �.,lv"ge bv H,gh c.,,,n rendered 394.
Whenever of salvage services exceeds fifty thousand salvage payable has been finally delay or dispute in respect ascertained arises the aggregate amount of salvage in Guyana has been finally dollars.

and whenever payable in respect ascertained and the aggregate rendered outside then, if any the High Court - amount of Guyana of salvage whatever services that amount may be, as to the apportionment thereof.
(a)may cause such amount to be apportioned thereto amongst in such manner as it thinks just, fit, appoint persons entitled and may for that purpose.

person to carry that apportionment if it thinks into effect; the any (b) may compel any person in whose hands or under whose control the amount may be to distribute such amount or to bring it into Court to be dealt with as the Court directs; and for the purposes aforesaid issue such process as it thinks fit.

S,,l,rn , r,ght Ill onlcrc,1 ]95.


A salvor on any payment cine to him under this Part.

and the amount of such interest shall be at the discretion to be paid interest adjudicating the case.

shall be entitled of the Court or person ,\ppl,�a!mn r;,w�rnmen1 to lhe service 396.

(I) Where civil salvage the (iovcrnment, shall.

subject claim salvage have the same rights to any regulations in respect and remedies or with the aid of Government property, made under this section.
the Government be entitled to of those services to the same extent, and shall s are rendered by or on behalf of as any other salver.

(2)Subject to the provisions of any law for the time being in force against the Government, the provisions of this Part, except and of any regulations and to such to proceedings relating made under this section, extent rendered life therefrom.
Government, equipment in assisting belonged as may be prescribed, shall apply in relation services any ship or aircraft to salvage of the Government, or in saving any cargo or equipment in the same manner as if the ship or aircraft or in saving belonging to the or cargo or to a private person.

(3)No claim shall.

of this section, by virtue of anything done or suffered lie against the in relation to any Government postal article.
in respect • • (4)The Minister may make regulations or modification of the provisions application referred aircraft to in subsection to in subsection (2).

(I), and in relation providing for the of this Part to ships and to the services referred Time l,m,t for salvage rroci,c,dings proceedings 397.
(I) No action unless when the salvage such period shall be instituted are commenced were rendered; and on such conditions in respect of any salvage within two years after the date but the court may extend any as it considers therein services to such extent fit.

services • • A.O.

1998] GUYANA SHIPPING [No.

7 159 (2)An action for indemnity by a person liable under this Part may be instituted within operations, and on such conditions but the court may extend the as it considers fit.
two years after the date of tennination of the salvage limiqttion period to such extent PART XV PASS ENG ER SHIPS 398.

(I) The Minister may make reulations - ro make Power of the Minister regulations 1ng pusentien �hips re.peel• (a) respecting accommodation, facilities ships which carry passengers and provisions on from a board passenger port in Guyana.
(b)requiring to all passengers the preparation and furnishing to or from a port in Guyana; as of particulars (c)regulating the number of passengers carry from a port in Guyana whether ship; and passenger (d) prescribing may carry passengers the terms and conditions ports in Guyana.
between which a ship may or not the ship is a upon which ships (2)In making regulations pursuant shall have due regard to Passengers and their luggage the International on Board Ships, 1974. the Minister to subsection (I), on the Carriage Convention of (3)The Minister may waive or vary the regulations referred to in of their application passenger to licensed Guyana subsection ships operating (I) in respect solely waters.

within Guyana 399.
(I) Any person in Guyana is guilty ofan offence who- on board or attempting to board a passenger ship OfTe�ecs m connection w11h passenger �hips is, either to a passenger of being drunk and disorderly admission on board, is requested in his employ to leave the ship, and after having (a)on account refused already person the amount of any fare paid by him returned to him, nevertheless ship, or where he is already on board, ship; ship or where he is owner or any or tendered to enter the does not leave the in attempting persists by the (b)after warning by the master or other officer of the ship, molests or continues to molest any passenger; of the ship being full, is either refused on ship, or where he is already is requested to a passenger (c)on account admission board, employ to leave the ship, and after having any fare paid by him returned nevertheless where he is already on board, in attempting persists or tendered to him, to enter the ship, or by the owner or any person in his does not leave the ship; the amount of No.
7] L.-1 WS OF GUrANA [A.D. l'l'l8 160 (d) travels or attempts in the ship \Vitlrnut lirst paying his fare nnd with intent to avoid payment thercoL to travt.

:l (e) having paid his fare for a cc11ain knowingly in the ship beyond that distance distance, proceeds paying the additional and wilfully without first di.stance, intenJing (f)on arriving to avoid payment thereof: fare for the adJitional fare.
knowingly refuses in a ship at a point to which he lws paid his or neglects tu leave the ship: by the master or otlu:r or to pay his fare or exhibit showing the payment of his fare as i-; travelling by and paying their such ticket ofticcr given to persons either thereof.

other receipts 11sually f:ue for the ship: or (g) fails.
when requ�sted • (h) wilfully does or causes ro be done anything in �uch ,1 or injure any part of the manner as to (]bstruct machinery or tackle or mole<;t the crew or any of them in the navigation management their duty Oil llr about the ship.

of the ship, nr tu ob�trucr.

impede nr of of the ship or otherwise in the c::xccution (2)A person wJ10 is guilty to 3 fine of rcn thousand of an offence under this section is for three and to imprisonment dollar<; I ic.1b!e rnonth�.
PART XVI LIMITATION AND DIVISION OF LIABILITY l:,·,·,rre·,,,1 <,1 4 ()() For the purpo-;cs nfthis Part� '\hip" includes ve.�-;,:] ho\vever intended and n·e1y description propetleJ barge or lil,.e and any structure lc1unehed a.:i a -;hip or as a part 1d· ,1 ship: of lighter, for use in navigation and ''shiro\\ ncr" includes charterer.

manager or operator of ,1 ship.


"salvage connection sen·1cc::s salvage operations: means :::.enices rendered 111 dircc1 "salvor" means any person rendering salvage services: "salvage ,cctinn 4112 (II id).

(e) and (f): opnation" include::, the operations refarcJ hl 111 "uni\ l1l" ,1ecount"" i;1 thl.'

Aniclcs means the -;pccial Jr,,wing nght a'., dcfinl.

'd nf Ag..recment of the ln1rrnution.1I tvh)llL'lar� A.D. 1998] GUl'.4NA SHIPPING [No.

7 161 Fund.

being the Organisations Act.


First Sch�dule to the International Financial (",1p 7l, (II 40 I.

(I) Shipowners ance with th is Part.

and salvors may limit their liabilities m accord- 1',-,,un., t'tol>tied linnt r,dt,,1,1, to • • (�) An insurer this Pnrt �hall be entitled the assured .

of liahility for claims subject to the benefit of limitation to limitation under to the same extent as (3)A person for whose act, neglect or default.

under thi� Part.
under thi� Part.

may limit his liability salvor is responsible, the shipowner or 402.

(I) Subject subject to sections of liability 403 and 404. the following regardless to limitation of the basis ofliability claims shall be - t·I.Hn>, ,ul;, l,,11n,,1,nn 1e(110 (a) claims in respect of toss of life or personal injury or loss including damage to harbour of or damage to property, works.
basins and waterways occurring operation consequential loss resulting therefrom: with the on board or in direct connection llf the ship or with salvage operations, and and aids to navigation.

carriage (b) claims in respect of loss resulting from delay in the or their luggage: by sea of cargo.
passengers (c)claims in respect of other loss resulting from rights, of the with the operation of rights other than contractual connection in direct infringement occurring ship or salvage operations: (d)claims in respect of the rasising.

removal.

destruction or harmless the rendering stranded been on hoard such ship; or abandoned.

ofa ship \vhich is sunk.

\\Tecked.

including.

anything that is or has (e) claims in n:sp�ct of the remov.il.
destruction or the rendering h.inn less of the cargo of the ship: (t) cl.1ims ofa person other than the person liable in respect loss for taken in order to avert or minimize in loss caused by of measures which the person liable may limit his liability .iceordancc such measures.

with this Part.

and further C:n The claims rdcrred of liability even if brought to in subsection (I) shall be subject to by way of recourse or for indemnity or otherwise.
so however thnt, the claims referred (I) shall not be subject (d).

(e) and (t) of subsection to in to to the extent that lhey relate to remuner.ition under a contract limitation under a contract paragraphs limitation with the person liable.

403.

For the purposes liability include limitatiun shall not constitute in an action against of this Part.

the liahility of a shipowner shall his ship.

and the act of invoking aga,n,1 1 ,.,h,h" ,h,p, �11J u»okm� lnrn1a1,on no1 dll an admission of liability.

No.
No.

7] I.A WS OF UUtANA [A.O.

1998 162 c�cc1>tcd C"l,um, lrom l,11,,tat,on 404.

Limitattion claims following of liability under this Part shall not apply to the (a)claims for salvage (h) daims by servants or contribution of the shipowner in general average; or salvor whose dependents entitled of service with the ship or the salvage if under or salvor claims of their heirs, to make such claims, between the shipowner Jutics arc connected including operations.
or other persons the contract and such servants to limit his liability under such claims.

or if he is unJcr such contract to an amounl greater pcnnittcd lhat rrovidcJ (c)claims in resrect construc platrorms resources natural of air-cushioned ted for the rurrose the shipowner in respect to limit his liability the thereof.

of such claims, or the .


'I Uh-soil of the sea-heJ for in section only than and floating vehicles or if he is 407; or salvor is not entitled of exrloiting • on<lud l,;,rru1� '"''"''"" 405.

I\ rerson liable proved that the loss resulted with the intent sllch loss; \vould to cause such loss, or r ecklessly prohahly result.

shall not be entitled from l1is rersonal to limit his liability if it is committed act or omission.

and with knowledge that { .Hllll�1-, i.,1110, 406.


WIH:n: a rcrson entitled the claimant Part has a claim against their resrcctivc provisions out of the .,ame occurrence.

each other <1nd the claims shall he set uff against if any to limitation arising -;hall only apply to the balance, oftlii-; Purl of liahili1y under this l.111"""' 1i.,1,,i.1y calwl;,1«111 4tl7 I he limih of liahi!ity 111 s('cuon 408, arising rollmvs for as on any distinct occa.
'linn, for claim<:; other than those rrovided shall be calculated (a} in n:..,pcct nr clai1w, for lo.

'ls of life or per..,ond!

injury - (!)

.1-1-1,000 \inits tonnage 1101 (11):·or a .,hip 1.\"itll fullowing '>ubparagraph { i) of Account for a ... hip \\ith a tc111'>: in L'\Lc..,.., c.,cccJi11g a ton11a�c thereof )()() amo1mt in addition to that mentitmcd the in (/\) for each ton from 501 to 3.000 tons, 500 lJnits or Accmrnt; (B)for (\lCh tun from ).

(JOI tons.
(JOI tons.

_lJJ lJnits uf Account; ((') for each ton frum _l.

()(}2 to 7tJ,()(J() or Account: and ( l11it-; tOJl'.

:-J, 250 ([)) for each ton in c_\Cl''>.

'i l :'nib of Account: or 70.000 lons, 167 (h)in rl'-..pl'ct of any other clanns - i\.D.

1998] 0UYANA SH/f'f'ING [No.

7 163 Units of Account for a ship with a (i)167.000 tonnage 500 tons; (ii)for a ship with a tonnage not exceeding in excess thereof following.
(I) sub·paragraph amount in addition to that mentioned the in • • (;\) for each ton fr0m 50 I to 30.000 tons.

167 Units of Account: (B)for each ton from 30.001 to 70.000 terns.

125 Units of Account; and (C)for each ton in excess of 70.000 tons.

83 Units of Account.

408.


(I) Where the amount calculated of section 407 is sufficient amount calcL.lated for payment be available (,1) of :5Cclion balance 407 nnd such unpaid mentioned under paragraph (b) of section in accordance dfthe unpaid to pay the claims 407. in accordance with paragraph therein with paragraph (b) of section in full.
407 shall mentioned (a) the balance of claims shall rank rateably under paragraph with claims prejudice (2)Without j)L�rsonal injury to in section 410 shall ltavc priority paragraph ( b) of sect ion 407. referred to in paragraph (a) of section 407, claims to in over the claims referred referred to the right of claim for loss of life or (J)Th!.

: limits ship or for any salvor which he is rendering tonnage of 1.500 tons.

of liability operating �olely for any salvor on the ship to.
or in respect according shall be calculated not operating from any of to a salvage servin�s.

40()_ For the purposes gross tonnnge measured as defined in accordance <'f this Part.

a ship's tonnag.e in the Tonnage Regulations.

shall be her and shall bi: �k.1,1u,·mcn1 of ,J11p,1,1n11.1t:c· with the s.:1id Regulations .

or vesseb:.

may be liable or to any goods, 41 0.

(I) Where the owners of a dock or canal or any harbour or port authority or for .
:rnv loss or damage caused to ,my vessel whatsoever vessels on board or llther things merchandise any vessel to damage beyond any aggregate for each ton of the tonnage of the lnrgesl occurring, is m within within authority the area over which \.Uch dock or canal owner or port or harbour amount equivalent to 70 units of acc<1unt hip that, al the time of such loss or damage such owners shall not he liable of five years previous any duty or exercises thereto Cuyana s performs a period any power.
has been I 111111,111,>11 li.,t,il"l<'lp1111 <11 .uni"""''"' ""d """'""''fthll"h (2)For the purpose of this section.

the area over which a port or harbour a ship shall not be deemed to authority performs any power by reason only that it hns been built or helve been within any duty or exercises fitted through out within such area or th.it such area on a voyage between it has taken shelter two places within both situated or passed outside N0.
7] LAWS OF GUYANA [A.D. 1998 164 that area or that it has loaded or unloaded area.

cargo or passengers within that of liability (3)The limitation shall relate to the whole of any loss or damage which may arise upon one distinct although shall apply whether the liability enactment and notwithstanding anything such loss or damage may be sustained under this section contained by more than one and in any enactment.
arises at common law or under any occasion, • (4)For the purposes of this section, any person or authority the expression "owner of a having the control and using the same.

as of any dock or canal and any ship repairer dnck or canal" includes management the case may be.

(.5) Nothing in this section shall impose any liability any loss or damage on any such owners such liability would have existed or authority if this Act had not been enacted.
in respect in any case where no of !n, l.11rn1 pasw"g�,· cl.111n, on any distinct occasion for loss of of the shall be an amount of 46.666 Units of Account of a ship, the limit of liability l) In respect of claims arising injury to passengers 41 I.

( life or \K'rsonal shipowner thereof nrnltiplied by the number of passengers caJT)' according certificate.

of Account.

to the ship's \vhich the ship is authorized to 25 million but not exceeding llnits (::!)
For the purpose of this section "claims for loss of life or injury to passengers of a ship" shall mean any such claims personal brought b)' or on bch.1lf of any person carried in that ship - (.1) undcr a contract (b)who.

with the consent or live animals vehicle for the carriage of goods: of passenger carriage: of the carrier.

which arc covered is accompanying a by a contract ( (lll\CISL0'1 ,,t <11111 nf a.:.

:rn!l11 '" (,u\Jna i"un,i, 4 l �.


The amounts referred converted on the date the security been deposited.

into Guyana dollars toin sections 407 and 41 l shall bc according to the value of the Guyana dolbr 414 shall have to in section or guarantee referred -'!!!'•t'gJ\!
('ll cLH11" '11 413 (I) The limits 407 shall apply to the aggregate occasion of liability determined in accordance of all cbims which arises with section on any distinct (a)agains1 neglecl (b)against the shipm,,.ncr or Jefault the shipo,vner and any person for whose act.

or he may bl' n:sponsiblc: service::-.

operating neglect nf a ,.,hip renderin g salvage from thJt ship and the :,.,alvor or :,.,alvrns from such ship and any person for whose act.
he or they arc responsible; or default or AD 1998] GUYANA SHIPPING [No.

7 165 (c)against the salvor or salvors of which.

the salvage services a ship or who are operating respect any person for whose act, neglect are responsible.

who are not operating on the ship to, or in solely and are rendered from or default he or they (2)The limits of liability 41 I shall appl} to the aggregate arise nn any distinct to in section referred he.

: may be responsible.


occasion against 41 I and any person determined of all claims in accordance subject the shipowner thereto in respect for whose act, neglect with section which may of the ship or default to be liable and seeking under this Part shall deposit to the limit provided in the form of a security from the date of the occurrence 414.

(I) Any person alleged liability least equivalent appropriate.
thereon date such security constituted which limitation shall be available of liability to limit his into the High Court an amount at for in section or guarantee, 407 or section with interest together rise to the liability until the and the amounts so of claims or guarantee is deposited.

only for the payment can be invoked.

in respect giving 411 as ot l'nw15iunsut -c"1mv and ,dc�sc uf �hip (2)A security or guarantee (a).
(b) or (c) of subsection deposited by one of the persons 413. or (I) of section shall be deemed to have (2) of the said section.

or his insurer, paragraphs d by all persons mentioned (1) of section 413 or subsection in paragraphs (a), (b) or (c) of (2) of the said section.

111entionedin subsection been deposite subsection respectively.

-l 15.

(I) Subject to sections deposited or guarantee security the claimants in proportion to their established claims.

of any -107.
of any -107.

408 and 411. the proceeds with the Court shall be distri buted among 1l1S1nbm,,111 ot !he• !\Inds (2)The Court may stay any proceedings to the same matter.

and may proceed cou11 in relation subject come in within just.

thinks to such regulations as to the exclusion a certain time and as to payment pending in any other in such manner and who do not as the Court of any claimants of costs.
(3)No lien or other right in respect the proportions in which any amount is distribmed of any ship or property amongst shall several affect claimants.

whereof (4) All sums paid for or on account the liability re�pect this Part and all costs incurred account disbursed of of owners is limited into may be brought in relation among part owners of the same ship in the same manner as money for the use thereof.

of any loss or damage in thereto under the provisions (5)If.
before the proceeds of the security or guarantee distribu ted.

the person liable.

or his insurer, has settled the claim.

are such No.

7] LAWS OF GUYANA [A.D. 1998 166 up to the amount he has paid acquire by subrogation the which the person so compensated would have enjoyed under this person shall, rights Part.

Bar to other ac1ions Ruic u to of Lon division (6)In making any distribution in accordance Court may.
if it thinks amount to be distributed claims subrogated or otherwise as it deems appropriate having regard later.

that may be established fit, postpone the distribution the with this section of such part of the to any 416.

(I) Where a security Court in accordance with section against right in respect behalfofwhom of such claim against the security such security or guarantee shall be barred from exercising any other assets any by or on of a person has been deposited.
or guarantee or guarantee has been deposited 4 l 4, any person having made a claim with the • (2)Where a ship or other property with a claim which appears to which limitation is applicable is seized or arrested to the Court to be founded under this in on of the Court shall order the has been Part, and in respect or guarantee is deposited, of the ship or property if the security or guarantee connection liability which a security release deposited in Guyana or - (a)at the port where the occurrence place out of port, at the first port of call thereafter; or, if it took took place, or of claims for tion in respect (b)at the port of disembarka loss of life or personal injury; or (c)at the port of discharge in respect of damage to cargo, shat I be deemed to have submitted is ordered the person on whose application to the jurisdictio it is n of the Court but where the release ordered to adjudicate on the claim.
(3) Subsections the Court and the security (I) and (2) shall apply only if the claimant with the deposited or guarantee brings available and freely transferable in respect of that claim.

a claim before Court is actually 417.
Where, by the fault of two or more vessels, or to any caused to one or more of them, or to their cargo or freight, propeity in proportion to which each vessel to make good the damage or loss shall be the liability damage or loss is to the degree was at fault: on board, that Provided (a)if, having regard is not possible liability (b)nothing shall be apportioned in this section shall - different equally; toall the circumstances of the case, it of fault, the to establish degrees (i)operate for any liable so as to render any vessel loss or damage to which her fault has not contributed; A.O.
1998] GUYANA SHIPPING [No.

7 167 (ii)affect the liability of any person orany other contract; under a contract or of carriage, (iii)be construed person or by any provision right of any person manner provided by law.

from which he is any liability exempted by any contract of law, or as affecting to limit his liability as imposing the in the upon any 418.(!)

Where loss of life or personal on board a vessel or vessels, several.
the liability owing to the fault of that vessel of the owners of the vessels by any person and of any other vessel shall be joint and injury is suffered Dam ag es for personal injury (2)Nothing in this section of defence on which, independen in an action shall be construed brought as depriving tly of this section, any he him by the person injured, or persons entitled of such loss of life, or against to sue in respect affect the right of any person to limit his liability in cases to which person of any right might have relied or any person shall this section relates by law.
in the manner provided 419.

In sections and references and hire; shall be considered expenses damages.

consequen 419 to 421 "freight" to damage or loss caused includes money passage by the fault of a ship or other as including t upon that fault recoverable references to any salvage at law by way of Definition of .. freight" Right of contribution.
is recovered injury is suffered by any person and any other vessel or owners and a proportion which exceeds the proporti owing to the fault of that vessel of the damages 420.

(I) Where loss of life or personal on board a vessel vessels, of one of the vessels fault, such owners may recover excess which those vessels were respectively which could not, by reason recovered of, or exemption from liability, limitation other reason, persons have been recovered to sue therefor.
from the owners of the other vessel on in which she was at the amount of the by way of contribution to or vessels at fault; but no amount shall be so or which could not, for any in the first instance as damages by the of any statutory to the extent entitled against the or contractual • • (2)In additio entitled persons recovering same rights first instance.
n to any other remedy provided by law, the to any such contributio n shaIJ, the contribution, as the persons and powers have, subject to the provisions for the purpose of of this Act, the in the entitled to sue for damages to this section, no action shall be maintainable Limiution of actions.

421.
421.

(I) Subject enforce any claim or lien against damage or loss to another ship, or in respect board, by any person suffered former ship, whether a ship or her owners freight, her cargo or of loss of life on board that other ship, caused such other ship be wholly to of any or any property on or personal injury by the fault of the of any damages or partly in fault, or in in respect No.
7] LAWS OF GUYANA [A.D. 1998 168 two years from the date when the damage or loss or of any salvage services, unless proceedings are therein respect commenced within injury was caused or the salvage shall not be maintainable of an overpaid respect personal injury from the date of payment.
services were rendered, under this Act to enforce any contribution in of any damages for loss of life or are commenced within and an action therein one year proportion unless proceedings jurisdiction may in accordance with as it thinks fit and shall, (2)Any court of competent the rules of Court extend any such period conditions has not been a reasonable opportunity within the country resides extent or has his principal sufficient ·place to give such to which the plaintiffs of the court or within jurisdiction reasonable if satisfied ship belongs of business, extend and on such to such extent that during of arresting there the period the defendant ship waters of the the territorial opportunity.
any such period to an or in which the plaintiff PART XVII COURT OF SURVEY Cons1itution C'oun of Survey of 422.

(I) A Court of Survey for a port shall consist High Court nominated assessors.
for the matter by the Chief Justice of a Judge of the with two sitting (2)The assessors shall be persons or in the l:ase of a foreign ship by the consular officer at of nautical, engineering or by the one of whom shall be appointed or near skill and experience, other special Minister, the port; and the other shall be appointed by the Judge of the Court.

Power •nd procedure of Coun of Smvey 423.
(I) The Court of Survey shall have power and the duty to to it under section 279. entertain as are referred such matters (2)The following provisions shall have effect in relation to the prnceeding-; of a Comt of Survey concerning any ship (a)the case shall be heard Court; (b)the Judge, each assessor, and any person appointed by the ship and every part thereof the Judge may survey the ship and may go on board the ship and inspect machinery, unloading and removal and shall for such purpose under this Act; surveyor and cargo, of any cargo, ballast and the the or tackle, have all the powers of a equipment and may.
require (c)the Court may order the ship to be surveyed and may the or persons any competent appoint ship and report thereon person to the Court; to survey (d)the Judge shall have the same power as the Director has, to order the ship to be released or detained; and A.D. 1998] GUYANA SHIPPING [No.

7 169 ( e)the owner or the master of the ship, and any person appointed inspection by the owner or master, or survey made under this section.
at any may attend (2)The Court may make such order with respect to the costs of under this Act as it may think fit, and such or investigation be recoverable in the same manner as a civil debt.

any inquiry costs shall who wilfully or other person (3)Any person Survey or any assessor survey under this section, requisition an offence and on conviction thereof dollars.
ten thousand made by such Judge, impedes the Judge of who acts in the execution of any or any person who fails to comply with any the Court of shall be liable to a fine not exceeding assessor or other person shall be guilty of 424.

The Judge of a Court of Survey shall Court of Survey shall send to the Minister 425, and each assessor report he shall as is directed shall sign such report, by rules made under section or if he refuses state the reasons therefor.
such report to sign such Report of the Court or Survey to the Courts and their procedure 425.

Rules of Court may be made in the manner provided law relating to carry into effect the pro­ visions the generality summoning reports and damages, of this Act relating of such powers, of and procedure such rules may be made with respect before the Court, the form and sending to prejudice to the of for costs to the Minister, the requiring, and the amount of fees.
to Court of Survey on an appeal, of security and, without �, Rules of procedure.

by the 426.

The Judge of the Court may at any time during a hearing pennit or summon an expert knowledge, his special or design construction opinion of principle.

based on in respect or of a scientific to give an expert or training or important experience difficulty witness skill, PART XVIII • INOUIRIES AND INVESTIGATIONS INTO MARINE CASUALTIES 427.
(I) Where any of the following occur, casualties that is to say - tiptiom or lnv .... shippins cuualties loss, stranding, grounding, (a)the loss or presumed abandonment (b)a loss of life caused to, a ship or ship's board a ship or ship's of, or damage to, a ship; (c)any damage caused boat; or by a ship, by frre on board, or by any accident on boat, or by any accident occurring and, at the time it occurs, boat was in Guyana waters the ship was a Guyana ship or the ship or ship's inquiry may cause a preliminary the Minister No.
7] LAWS OF GUYANA [A.O.

1998 170 into the casualty Minister Guyana ships matters.

and with the assistance or persons to be held by a person appointed of one or more skills of in maritime and knowledge assessors with special for the purpose by the being masters (2)Whether been held under subsection investigation to be held by a Board appointed for that purpose.

or not a preliminary inquiry (I), the Minister into the casualty may cause a formal has Pn,liminary inquiry 428.
(I) For the purposes holding the person of a preliminary has all the following inquiry under section 427, - namely the inquiry powers, • the same (a) he may go on board any ship, and may inspect or articles or any part thereof, equipment board thereof necessarily any voyage; or any of the machinery, equipment on boats, or articles on to which this Act applies, un­ without on or delaying detaining boats, it from proceeding (b)he may enter and inspectany premises the entry or inspection the purpose of the report for to make.
which he is directed of which appears to him to be requisite FonnaJ in\lest,gation a formal investigation 427 shall consist of not more than three nor less 429.
(I) A Board holding under section casualty than two members, Magistrate assessors, nautical, may appoint: of whom one shall be a Judge of the High Court or a who shall be the Chairman of the Board and the others possessing being masters engineering of Guyana ships or such other persons and knowledge, or other special skills shall be into a shipping as the Director that where in any investigat ion any question as to the Provided cancellation pursuance Court shall or suspension of the certificate made under section issued to an officer in I 05, is likely to arise, the of any regulations include two assessors.
(2)For the purposes of this section investigation have all the powers of a Magistrate's shall a Board holding a formal Court.

(3)If as a result of a formal investigation the Board is satisfied that an officer - (a) is unfit to discharge incompetence or misconduct his duties, whether or for any other reason; by reason of or of his in the discharge (b)has been seriously negligent or duties; (c) has failed to comply'with section 229, it may cancel of any regulation or suspend made under section him.
105 or censure issued any certificate to the officer in pursuan ce • • A.D. 1998] GUYANA SH/l'l'ING [No.

7 171 (4) If the Board cancels to in subsection to the Board or to the Director, referred forthwith cause to do so he shall be liable twenty-five thousand dollars and if he fails on conviction or suspends (3) the officer shall deliver any certificate .
such certificate reasonable without to a fine not exceeding of an officer (5)The Board may make such order with regard the investigation Board in the manner provided as it thinks to the costs of fit.

and such order shall be enforced for levying by the Court.

a fine by a Magistrate's (6)The Board shall make a report on the case to the Director.

430.
430.

(I) Where an inquiry the preceding part of the case to be reheard provisions of this Part, the Minister and shall do so - or formal investigation has been held under may order the whole or ltchc.111nf:, and ap11cal, (a) if new and important evidence at the inquiry been produced discovered; nr to the Minister appl.

!ars (b) if it which could not have ation has been or investig that there are other grounds for suspecting occurred.
that a miscarriage of justice may have (2)An order under sub section (I) may provide who held the inquiry for the rehearing or investigation or by the to be made by the persons High Court.

(3)Any rehearing under this section �;hall with rules made under section 43 I, and section to a rehearing of an investigation by a Board as it applies be conducted in 429, shall accordance appl� in relation in relation to the holding of an invcstigntion .
(4) Where the person or Board holding to cancel to any regulations or suspend made under section or the certificate of any person 105 or has found the inquiry has decided then if no application for an order under subsection ( 1) at fault.

investigation pursuant issued any person has been made.

or if such application other person who.

having an interest appeared at the hearing and is affected appeal to the High Court.

has been refused.
has been refused.

in the inquiry or any that person n has or investigatio or finding, may by the decision 431.

The Minister under �cction conduct of any rehearing under section 430.

427.for formal investigations Lmder section 429 and for the may make rules for the conduct of inquiries · .. , ....

)!'"

ltL1k,1e ""I'''"'' ,md ,m,·,11;,.111n,i, issued made under section 105 has been cancelled of any or suspended in certificate pursuance ,c,ntic"te 432.
Where a certificate regulations whether Minister under this Part or under any regulations may.

ifhe is of opinion made under this Act the of the case so requires that the justice - l'<ll\'C"I l<l lCSlcHC \,()_ 71 LAWS UF U/!

)AN.-1 [A.D. 1998 172 (a) re-issue the certificate period of '>U<i[lension or, as the case may he, reduce the and return the certificate: of the same or a lower grade 111 or (b)grant a new certificate place of the canctl!cd or suspended certificate.
PART XIX l,E(;AL PROCEEIJINGS Jurisdiction ,,lt,·1,., ., ",_,_; 1-'m the purpn<;c, ur l'\t:ry or t.:ompl;nnt to have arisen.

ci1hcr - offence shall bc JeemcJ lo ha\'c hccn committed, dctcrmininJ.!

jurisdiction under this /\ct.

.ind every cau-;c (a) 111 !he place in which '>Ucl1 offence or cause or complaint \\as committed or arose: or (b) in any pl.ice in which !he allt:gcd offender or person compbined against may he.
IL11Mll,I"'"''''' slnp,l,111·,,>li ,1,,,,,.,,1 nr any uther Act or law for -t.)"f Where any arc.i uver \\'hich thi'i Act !Ile co.i<,1 or ahu!ling lake.

nvc1 m cnhcr navigable of any ..,ca.

any court has _jurisdiction i, -;ituatcJ under on what5ocver any purpus;e on or rro_iecting water, every such court c,hal!

have into any ha).

channeL juri-;dic1io11 - (;i) u\er an\· c,hip \\hl'thcr on or I) rnµ.

or pasc,ing that hay, channel.

,1 C1U)ana or ;i fnrCl!,!11 'ihip.


being off !hat coac,t or being in or ne,1r lake, river m navigahle water: anJ (h) over all 1wrsons on hoard c,uch ship or fur the time hcing hclon.t;in!.!

thcrctc,, i11 !he s<1111e 111;11111er mdmar\ jurivlic!ion ,1.., 1f..,uch o1"thc cnun.

..,\nr or pcrc,on \\CIT within the !in1its of the l"'"d" "'"' ' Where nny per'>on - t.ilbeing ;1 citi/cll or (iu)dll.t.

I'> char!

:-',cd \\ith ha\illl,!


co1111111tkd :111� offence - ( i) on boarJ ;i Guyana shir nn the high seas: port tH (ii)on board a (iuyana ship rn ;1 f11reign or harh()ur: or (11i) c1n b{ldrd an) forci!,-'.11 �hip to \\hicll he docs not belong.

or (h) not bein!,.'.

a citi1cn or (iuyann.

committed an) offence ,,11 buarJ an) is charged \\ith ha\'ing (it1)dll.1 c,hip on the IJ igh SL\I',.

A.D. 1998] GUYANA SH/Pl'ING [No.


7 173 and that person is found within which would have had cognizance on board a Guyana ship within court shall have power the jurisdiction of any court in Guyana of the offence ifit had been committed the limits of its ordinary jurisdiction, that to try the offence as if it had been so committed.

436.
436.

( l) No Court in Guyana shall entertain an action enforce a claim to which this section applies un!ess - iru 1ersonam to :1,11�d,ctcon in '"111»011 and �a.sc.i <·the, residence or a place of (a)the defendant business (b)the cause of action within has the habitual Guyana: within the limits (c) an action incidents and determined arising is proceeding in the Court.
arose within ofa harbour out of the same incident the waters or or port of Guyana; of Guyana or or series of in rhe Court, or has been heard (2) No court in Guyana shall entertain an action in personam to a claim to which this section by the plaintiff in any cou11 outside aprlies until proceedings the same have been of incidents against (Juyana or series enforce brought in respect defendant discontinued of 1he same incident come to an end.
or otherwise previously (3)Suhsecti0ns ( l) to (3) inclusive arising in proceedings not being counterclaims of incidents.

series is d reference the plaintiff reference to the defendant counterclaim.
a� they apply to actions tn the plaintiff is a reference out of the same incident .ifl personarn... and u reference en the counterclaim and a to the to the defendant or to shail apply to counterclaims, (4)Subsections ( l) to (4) inclusive submits shall not apply to any action to submit or has agreed to or cuuntcrclairn the jt1risdiction if the defendant thereto of the cou11.
()) Subject to subsection of this Act, the jurisdiction to enforce purposes pcrsonnm the condllions court rela!in:; rrovision n claitn srecified tn the service for �:uch service shall extend (J) where a court has jurisdiction to enterta applies for the in whenever any of and the rules of the shall make ( l ,1 is satislled; of process outside the jurisdiction to which this section in an nction having regard to this subsection.
in s;ubsection ((1) Nothing shall· in this section (a) prevent or cmmterclaim an action under this section 01 court of competent of any cause of action (b) affect proceedings from being transferred jurisdiction; in respect before the coming into operation which is hrouglit to some orher of this secrion.

nrising (7)The chlims to which this section damage.

loss of lift' or personal injury arising applies are claims for out of a collision between No.
7] LAWS OF GUY ANA [A.D. 1998 174 or out of the carrying out of or omission ships, or out of non-compliance with the Collision Regulations.

to carry out a 111a1HH.

:uvrc (8)For the avoidance shall apply in relation of doubt, it is hereby declared to the jurisdiction of any court not being that this section admiralty jurisdiction, as well as in relation any to its admiralty if jurisdiction.

or charge or1 n ship or any share tlu:rein.


an action may he brought from claims to the possession any or m\·ncrship against of any share therein, t'r any claim in respect mortgage arising or to the owner�hip 437.

In any case i11 which -;hip, other than actions of a ,hip t1!'

a \vho wo111J cause of action control whether invoked of the ship, the admiralty the claim gives rise to a maritime by an action on the claim in an action in rem against be liable the owner or c harterer arose.
- where the person wns, when the or in in pcrsonam oL or in posscssi,�n of the I ligh Court lll<1y, lien on the ship or not.

Ill· jurisdiction (a)thm ship.

if at the time when the m.:tion all the it 1s is brought b) shares thcrein owned as n:c;pect beneficially or that person; ship which, at the time when the a1.

:tion is (b) any 11ther brought, O\\.

'IH:d is heneficially as aforesaid, hu1 111 determining .ic!lon or a place of business whc1hcr it shall be assumed (iuyana.
in pcrsonam \Vithin a rerson would be liahle 011 ,1 claim in an that hc has his hahitual residern.

:t: ,,,,,,.,,,st:d of a ship is con,,,idered to be closcd on to own a Guyana 'ihip, an) not qualillt::d to persons may.

where the ship comes wirhin \,-hich 438.

Where the registrntion of a tran"fer account lin'iafr.,ficd mortgage any coun in (Juyana ur would ha\ c had such .iunsdiction enforced ca_.,cs whl'rc etfec1 or 1hat .iud�c111c11t.
if the transfer 1wtwithst,u1din� the :-,h1r ha.., been sold under hy that court hac; such jurisdiction the tran<.,fcr.

a judgement had not been made.

hr \'v'ithout in pre_juJicc.

of a court to the the jurisdiction of tht: mrn1g.agl'.

1n enforce D�tention and Distress Damage on Ship for Caused In ,k1a,,, I'<""'' 1·"�"'" ,h'I' When.'

.JJ<J.

I I I (a) <Ill) injury or damage has in <Ill) part of the world bl'en to the (Jtn ernment.

a b.?lo11g1ng in cau ... i.::d to an) propcrt: citl/.1..'ll (iu�.
:ina nf Gt1) ,ma or a bPd: corporate lly any foreign ::;hip: ,H rc..,idl'nt of an) (b)a claim is made for damages h) or on beh,ilf ic..,.

i11_iur of personal of (luyJna.

in rcspl'CI citizen A.O.

1998) GUYANA SHIPPING [No.


7 175 including ship, fatal injuries, against the owners of a foreign that ship or any other ship wholly and and at any time thereafter owned by the same owner is beneficially High Court may, upon being satisfied probably of the ship, issue an order directed caused by the misconduct to any found in Guyana, that the damage or injury was a Judge of the or want of skill of the master or crew person named in the order.
(2)An order under this section shall be addressed to any marine officer or such other officer as may be named by the Judge in such order, that officer to detain the ship named or identified and shall require or consignee until such time as the owner, thereof master - therein, (a)has made satisfaction in respect of the injury referred to in subsection (I); or (b)has given security to be approved by the Judge, to abide the event of any action, that may be instituted pay all costs and damages suit or other legal proceeding of such injury and to that may be awarded, in respect and the officer to whom such order is addressed accordingly.
shall detain the ship (3)Where it appears that; before an application can be made (I), the ship in respect of which the application to be made and the result such ship may be detained thereof to be communicated is made so as to allow the to the the ship; and that officer shall not be liable for any costs under subsection will depart from Guyana, application officer detaining or damages have been in respect made without unless of the detention, grounds.
reasonable the detentio n is proved to (4)In any legal proceedings (I), the person giving subsection shall be stated to be the owner of the ship that has caused referred to in and the injury.

to any injury security relating shall be made defendant (5)The production of an order of a Judge, to any evidence of the shall be conclusive made in relation security liability referred of the defendant to in this section, to the proceedings.

440.
440.

(I) Where under this Act or any other law in force in Guyana a ship is to be detained, the ship.

may detain officer as defined in subsection an authorized (5) (2)If, after the detention of a ship or after service a ship of any notice to sea before it is released or order for the detention by the competent authority - on the master of the ship, such ship goes of (a)the master of the ship; and No.

7] LAWS OF GU)ANA lA.D.


1998 176 (b) the owner and any person thal owner or person who sends the ship to ,;ea, if is party or privy to the otkncc, shall each be guilty fine not exceeding of an offence twenty-five and on conviclion dollars.

thousand thereof be liable to a (3) If a ship goes to sea when any authorized of lw; duties, in the execution the owner and master of lhc ship officer is on board th�reof shall each be liable (a) to pay all expens�s arising i..lUt of such oI1icl'.f.
bcmg so taken to sea, and (b)on conviction, to a fine of ten thou�:-md day unti1 su(.

;h officer rclllms, which he would be able after leaving to the port from which he is taken, dollars or until such time in for every the ship to return and any expenses fine.
ordered to be paid are recovera ble in like manner as the (4)Any person who opposes or in any way obstructs any authorized officer, shall be liahlc shall be guilty of an offence and on conviction thereof to a fine not c:,::ceeding twenty-five lhousand dollars.

(.1) In this section ··authorized or any per'lon means the Direclnr, a specially or generally officer" marine of!ic:cr, authorized an officer by the Director of customs, to detain a ship.

n,,,rr.,,, on ,n;,, 441.


Where any court has power to make an order directing payment to be made of any seaman's then, if - wag,es, fines or other sums of money, (a_) the party direded to make surh payment ls the master or l1wner ofa ship; and (b) such wages, tine or sum is not paid at the time in the in the ordct, mannrr prescribed the court which made the order may, in addition which it has for the purpose of compelling remaining fornilure unpaid to be levied and apparel.
by distress to any 1.Hher powers the amount paymenl, direct and sale of the ship, her tackle, 442.

(I) Subjec, to subsection (4), where- lnquiroe> 1,,1,­ d�.1ths r,I .-.�w ,,,�mb�" aud <>ll:rt< (a)any person (b) the master country outside Guyana, dies in a Guyana ship; or or a seaman employed in such a ship dies in a an inquiry proper officer into the cause of death shall he held by the marme officer or the at the next port where the ship calls after the d!.

!ath and A.D. !998] GUYANA SHIPPING [No.


7 177 where there is a marine officer or proper officer, or at such other port as the Director may direct.
(2)The marine officer or proper officer holding an inquiry under subsection person making a preliminary 428. enquiry under section I) shall for the purposes of the inquiry have the powers of a (3)The officer holding the inquiry under subsection (I) shall make a report of his findings to the Director, and the Director shall, on request, to the next of kin of the deceased person interested.
make a copy of the report available who appears to the Director to be or to any other person (4)No inquiry shall beheld under subsection (I) in a case where an inquest the time being in force relating or inquiry into death is to be held or made under any law for to inquests or criminal procedure.

443.
443.

(I) Where the owner of a ship has been convicted under this Act and a fine has been imposed, forthwith, the ship may be seized and after reasonable notice, customs Minister, to the ship, free from any mortgage purchaser thereon which at the time of sale may be in existence.
officer or any person authorized and such officer a valid title to tbe or other claim or person may, by bill of sale, give for that purpose in writing by the sold by any of an offence .....,_, ... if the fine is not paid (2)Any surplus money remaining the amounts of fines payable under section from the proceeds of sale after 440 together with the of in accordance with rules and sale shall be disposed paying costs of the seizure of court.

Prosecutions and Compounding of Offences 444.


(I) A person who commits an offence under this Act, for which no specific penalty is provided, dollars and to imprisonment thousand to a fine of twenty-five for six months.

is liable ,,_., ---· • (2)Where an offence under this Act is a continuing one, and no penalty is provided in respect of the continuance thereof elsewhere this section, every person who commits that offence, other liability, is liable part thereof during which the offence continues.
than in to any in addition to a fine of five thousand dollars for every day or nay compound any offence under this Act which 445.

(I) The director is prescribed by.

the Director by the person suspected of having committed such offence a sum of money not exceeding twenty thousand dollars.

to be an offence compoundable on payment (2) A marine officer may compound any offence, under this Act which is prescribed to be an offence compoundable by a marine officer on No.
7] LAWS OF CJUYANA [A.D. 1998 178 payment sum of not exceeding by the person su5pected ten thousand of having committed such offence, dollars.
a (3)Un the payment of any sum of money under subsection (I) or subsection (2)- (a)the person respect custody, suspected of having the payment committed the offence in has been made sha\L if in of \vhich be discharged; (hJ any ship detained and released; in respect of such offence shall be (c)no further proceedings person or ship in respect shall be taken against of such offence.
such Evidence a11d Service of Documents "' r�ce1ved �, •d�nn, v.her� "1\ne,s cannot be produced to subsection (2) \Vhere in the course of any legal in�tituted under this Act before any court or before any of any \Vitness by lmv or by the consent of parties is required then.
upon due proof that the witness in relation of be found in to receive evidence, to the subject-matter any deposition that the witness in relation to the same subject-matter in any part of the: Commonwealth made on oath or before any Judge or rn any other than (iuyana cannot has previously 446.

( 1) Subject proceedings pason authorized the testimony the proceedings.

Guyana, affirmation Magi."itratt.


: place not within Commonwealth, the shall be admissible in evidence; that Provided (a)if the proceedings are criminaL a depusition so made unless it was made in the shall not be admissible, presence of the person accused, Magistrat has certified makin� it and that the accused officer before e or proper \Vhorn it \Vas made at the time of ,vas present and the Judge, (h)110 deposition unless so made shall be admissible.

Magi�tratc by the signature of the Judge.


it is authernicJted or propc:r officer before whom it was made.

(2) A deposition made in the manner referred if it purports tn in subsection to have been signed shall be deemed to be duly authenticated b}the Judge, Magistrate it shall nut be necessary of the person character whom it was made, and in any case to prove tht.

: signature or official to have signed any such deposition.
appearing or proper officer before (I) prnceeding,s, (3)In any criminal been signed hy the Ju<lge, Magistrate deposition Jepositil1n the accw,cd was 111.idc sltal\.

unlc:-.::.

having been presem in th(.

; manner thereby that the at::cused tht: contrar: a cenificatc or prnper uffiler present \\"il5 is pro\c<..L of be sufficient L'\idt:nce ci.

:nificd .

rurporting tu have a before \\·hum a1 tht: taking of the A.D. 1998] GUYANA SHIPPING [No.
7 179 (4)Nothing in this section shall affect any case in which depositions by any other enactment.

taken in any proceedings are rendered admissible in evidence is required of, or to be attested 447.

Where any document the presence document bear witness witnesses.

to the requisit may be proved by the evidence e facts, without by this Act to be executed or witnesses, in such of any person who is able to the attesting calling witness or by, any witness Proof of attestation required not 448.
(I) Where any document in evidence, such document shall - is by this Act declared to be admissible of AdmissibiJ11v documents io evidence (a)on its production from proper custody, be admissibl e in evidence law or consent and in any court or before any person having by of parties authority to receive evidence; (b)subject to all just exceptions, be evidence of the matters stated therein.
(2)A copy of any document referred in evidence shall also be admissible - extract therefrom, to in subsection (I), or any (a)if it is proved (b)if it purports to be signed by the officer or as a true copy or and certified to whose custody to be an examined copy or extract; the original extract document was entrusted, and that officer shall provide therefor applying fee.
at a reasonable time, upon payment such a certified copy or extract to any person of the prescribed (3)Any person evidence referred receive document stamp or signature having by law or consent of parties shall have the same powers as a court to ·impound authority to any counterfeit seal, to in this section affixed thereto.

which has a false or 449.

Where under this Act any notice other communicat Director same shall be made or given in writing.
ion is required not being to any person or authorized an officer appointed to be given or made by the under this Act, the order, authority, direction or Nnr,c=.

"'�-10 br m wnting 450.


(I) Where for the purposes may be served that document any person, of this Act any document is served on Service of documents a copy thereof (a)by delivering be served, place of abode or by transmitting personally such copy at his last known or sending on the master (b)if the document or by leaving is to be served by post; to the person to where there is a master, or on a person of a ship belonging to a No.

7] LAWS OF GUYANA [A.O.


1998 180 such documents ship, by leaving ship with the person being or appearing command or charge of the ship; and for him on board that to be in (c)if the document is to be served on the master of a ship, owner of the ship or, if there is no managing and there is no master and the ship is in Guyana, on the managing owner in Guyana, on some agent of the owner residing in Guyana or where no such agent is known or can be found, by affixing a copy thereof place in the ship.
in some conspicuous (2)Any person who obstructs under this Act relating shall be guilty of an offence of any document i:-.

unseaworthy shall be liable to a fine not exceeding the service on the master of a ship to the detention of the ship which ten thousand dollars.

and on conviction thereof referred C�) Any owner or master of a ship who is party or privy to any of an offence and to a fine not exceeding twenty two years, obstruction on conviction thousand llr to both such fine and imprisonment.
to in subsection shall be liable for a term not exceeding or to imprisonment (2) shall be guilty dollars, thereof PART XX MISCELLANEOUS ,,t l',llte..:uon publ,c otTocers and other l"''""'s aCUnf,UIHkr tlus ·\ct ..t) I.

No suit shall be maintained person appointed for or in respect foith in the exercise conferred or authorized of anything or performance or imposed on him by or under this Act.
done or omitted any public officer or any of this Act to be done by him in good or duty under this Act for any purpose llf any power, authority against \,enei;,I p,,,,e, "' ,na�c rc!

'ul,11,ons .. JS�.

\\:ithout conferred generally provide for - pre_judicc upon him by this Act.

the Minister for c,xrying to any other power to make regulations may make regulations anJ may by such regulations this Act into cfl'cct.
(.t) anything \vhich is to be or may be prescribed under thi.s Act: (b)the fees to be charged for any services rendered or acts performed under this Act; (c)the offences under this Act which may be compounded by whom such offences may be and the officers compounded; (d)the admissibility stamp duty of documents in evidence (e) the control of ships, and the administration within Guyana waters.
and the exemption from and forms used under this Act; of maritime search and rescue the regulation of maritime traffic A.O.

1998] GUYANA SHIPPING [No.

7 181 Without 453. this Act or by any regulations to such conditions if any as he thinks prejudice on him by to any other powers conferred made thereunder, the Minister Oenenl J)OWe(.
ofacmption may, subject fit to impose, by order • (a)modify the provisions of this Act in their application to of ships as may be any ship or class or description specified extent as the Minister in such order in such manner and to such may specify in such order; (b)exempt any ship or class or description of ships as may and in such order from any specific requirement under this Act, if he is be specified contained satisfied complied of the case.
circumstances in or prescribed that the requirement with or that compliance has been substantially is unnecessary in the 454.

(I) Sections 455 and 456 apply in respect ventions, other international con­ thereto and replacements and of international Applic.tion thereof amendments including instruments.
(2)The Minister conventions shall from time to time by notice amendments including instruments which apply to Guyana, the 11J1d other international thereon including if any, entered l conventions, by Guyana as well as those thereto publish thereto and replacements and replace· the and other international which cease to apply to amendments instruments international thereof reservations internationa ments thereof Guyana.
(3) The Director shall keep in his office a copy of - (a)all the instruments (2) that have referred to in subsection application in Guyana; (b) all subsidiary legislation to this Act, made pursuant and copies prescribed seafarers shipping.

shall be made available fee, for the taking or persons concerned of copies for inspection or, upon payment of a of the public, thereof by members with or having an interest in ships or 455.
Where ai, international instrument instrumenl prov1S1ons Minister otherwise applies and a provision of the convention provides.

convention to Guyana and a provision of this Act conflict or instrument in any manner, unless shall prevail or the the or other international Conventions to prevail.

of that convention 456.

Where, in respect of any Guyana ship, there is any of a requirement contravention instrument international suspend the certificate rectified.
Contravention of international convention or other eonventiona.

to Guyana, the Director may of the ship until the contravention is which applies of registration of any international No.

71 LAWS OF c;UYANA fA.D.

1998 182 PART XXI FINAL AND TRANSITIONAL PROVISIONS l(q>c,LI and ,,:,-,n.:, Ficsc Schedule 457.

(I) The Acts specified provisions of this Part, hereby repealed.

ir.

the First Schedule arc.
subject to the (2)Any instrument v,,:hich was maJe, issued, servt:d or grar1tcd by virtue served or or which ceases to have effect to which they could be made, issued prejudice to any nower to amend or as may be to such modications may, by order, make to bring it into , revoked or under any law which is rept:aled Act, tu the extent of this; without granteJ under this Act, shall, anJ subject revoke such instrument, necessary conformit otherwise served or granted legislation accordingly: which the Minister y with this Act, continue terminated.
made thereunder in force until superseded and shall be deemed to have been made issued, under this Act, and this Act and any subsidiary to such instrument shall apply to or in relation that no snch instrument period shall continue it is renewed Provide /'or a definite period of this Act or any subsidiary thereunder.
unless which is exrrcsscd in force of that in force after the expiration to cnntinue or extended in accordance \Vith the provisions legislation made or continued in force (3)In this section "instrurncnl" includes �my subsidiary h:gislation.

licence, authority.

m.iy rcqn,re.

or any instruction ccrtificatt:, validation, exemption.

notice or other as the circumstances or other requirement.

Sc,.,,,d '-chc·,hck (4) The Acts specificd amended to the extent MC llcrd1y ..... ,ii<l Schedule.
in the first column 1Jfthe Second Schedule spccit'1cd in the second co!umn of the Rn,.,L,11,>1>-i",,: 4S8.

'I he Ministt:r (a)for resolving may make rc_l'.ulations - to provide arise out of the that ma!

any dift!cLJ!ties :-,,,h,t1<%Ll .l,l"f:,,111:n repeal by this Act of an!

law: (h)for th\.'

amendment kg1slati,rn repealed this P:in: or ;my part thereof.

b_� thi'> Ad and rcma1nin_!2: maJe l1nder of any suhsidiary :my law to in force r,ursuant or rcvncation (c)l\lr rhe continuance ac; n1a!
he pre-.uibed.

of any upon reciprncit: b:1scd of any opcr:ition \Vith any tlthcr repealed enactment Ill such conditions in fon.:e.

s11bfcct whether br not exemptions.

from the co\lntry.

(d)gencral!y ;md orderly for giving dfect to.

and for effecting assimilation or the !aw rcL1ting a due to shipping A.O.

1998]' CiUYANA Sllll'l'IN(,' [No.

7 183 Guyana in conformity 11lroughou1 this /\ct, and for the bdter carry111.:!.

provisions of this Act .

out or any of tht: \'r'ith, tilt.'

purposes l)f No.
purposes l)f No.

7] LAWS OF GUYANA [A.D. 1998 184 FIRST SCIIEDULE Laws rcpca lt•d hy sc�tion .t:i7(1) ;\els Car .

.JlJ:01 L;:iw of i\kn.

:hant J\ct Shpping Cap 4'1:08 Wr..:ck<., Removal J\ct ( ·ap .

...i9:09 Di'>tn.

:ss.,ecJ Si.

:amrn Repatriation J\ct AD IQ98] CUHNA SH!f'f'ING [No.

7 185 S.457(4) SECOND SCHEDULE Act I-Im\., amended Passengers Cap.
49:03 Act Section 2 Section .1 Insert immediately "regional voyage" the following definition before the definition of "Director" that word in section Shipping has the same meaning assigned 2 of the Guyana Act 1998;" to Delete "57 & 58 Vict..c.60" note.

For ''applied Shipping Shipping Act entitled Act 1894" substitute in the marginal the Merchant Act 1998."

"Guyana Sections 4, 5 and 7 For "Cornp1roller substitute occurring of Customs" wherever "Director", No.
7] LAWS OF GUYANA [A.D. 1998 186 Tran ... port and Harbours Act Cap.

49:04 2 Seclion Insert immediately definition - after the definition of "conditions" the following "Director" has of the Guyana Shipping the same meaning assigned Act 1998;".

to that word in section 2 Insert immediately - definition after the definition of "lightship" the following "Maritime established Administration by section Department" 4 of the Guyana Shipping means the Department Act 1998;".
Renumber thereafter 2 as subsection subsection (I) thereof as subsection and insert immediately (2) - the following section made thereunder, to the & Harbours Department" in relation "General to any power, of this Act or any subsidiary Manager" and the in any provision "(2) A reference legislation "Transport function pursuant context otherwise "Director" and the "Maritime " respectively.
or duty exercisable to the provisions of section requires, be construed 3 ( I A), shall, unless the as a reference to the Administration Department", by such Manager or Department 3 Section In subsection and delete the remainder a full stop after the words "Government of the subsection.

(I), insert vessels" Insert immediately (]Al.


subsection after subsection 3 (I) the following subsection as "(IA) The Maritime with the control, harbour of Georgetown approaches service Administration Department shall be charged improvement, lighting and regulation of the and the other harbours of Guyana and the thereto and shall carry on and maintain - for Guyana.

", a pilotage '.
", a pilotage '.

)curnn 48 "57 & 58 Viet., the Merchant Delete entitled Act 1998"; c.60" in the marginal Shipping Act 1894" substitute note For "the applied "Guyana Act Shipping ( iovcrnmcnt Wharves Act.

Cap.

49:05 Insert immediately after section 4 the following section 4A as section "Enforcement 4A.
(I) Notwithstanding any provision in this Act and in legislation made thereunder, Administration it shall be the duty of Dep3;rtment to enforce the provisions thereof and a reference and the Maritime any subsidiary the Director or cause therein reference Department", to be enforced to the "Director" repectively.

to an officer or body shall accordingly and the "Maritime be construed as a Administration A.O.

1998] GUYANA SHIPPING [No.


7 187 (2)In this Act, the words "Director" Department" have the same to those words in sections Administration assigned meaning 4, respectivel y, of Guyana Shipping Act 1998".

Shipping Casualties Investigation and Preven­ tion Act and "Maritime 2 and Delete the definition of "the Merchant Shipping Act", 2 Section Cap.
49:07 Insert immediately definition after the definition of "the court" the following "Director" has the same meaning assigned to that word in section 2 of the Guyana Shipping Act 1998;" Delete "57 & 58 Viet., note c.60" in the marginal Sections S, 17.22 and 28 For 11Merchant Shipping Act 1998,"' Shipping Act" wherever occurring substitute "Guyana of Customs For Comptroller For "Comptroller defined in section of Customs" wherever 2 of the Guyana Shipping "Director".
wherever occurri11g as substitute "Director occurring substitute Act 1998".

Sections 20.

25.

28.29.

30 & 31. and Coasting Passenger Trade Regulations Cap.
49:07 (Subsidiary J,cgislation) Insert "Enforcement imr.,ediately after section 13 the following 13A (I) Notwithstanding any provision made thereunde legislation any subsidiary the Director and the Maritime or cause to be enforced the provisions officer or body shall be construed and the "Maritime Administration Administration thereof as a reference Department" 13A - section as section in this Act and in r, it shall be the duty of Department reference to enforce to an therein to the 11Director" respectively.
River Navigation Cap.

50:0 I.

Act (2)In this Act the words "Director" have the same meaning and "Maritime assigned Administration to those words Act, 2 and 4, respectively, of the Guyana Shipping Department" In sections 1998."

Passed by the National Assembly on 29th October, 1998.

F. Narain, Clerk of the National Assembly.