Vol. 481 Pretoria 15 July 2005 No.
Damage, 197 1 (the FundConvention).
The Civil Liability and Fund Conventions were adopted under the auspices of the International Maritime Organization (IMO). They deal with questions of liability and compensation for loss or damage caused by contamination resulting from the escape or discharge of persistent oil fiom tankers (i.e.
ships constructed or adapted for the carriage of oil in bulk as cargo.
Whereas the Civil Liability Convention establishes and regulates the liability of the registered ship owner, the Fund Convention establishes an international fund, called the International Oil Pollution Compensation (IOPC) Fund, the purpose of which is to pay compensation to victims of pollution damage (within the meaning of the Civil Liability Convention) where they have been unable to obtain compensation, or compensation in full, under the provisions of the Civil Liability Convention.
The IOPC Fund receives its fhds from cargo owners, specifically from persons who receive annually, in the ports or terminal installations of the Contracting States, more than 150,000 tonnes of contributing oil.
Government Printers or the Department of Transport on request. Interested parties or persons are hereby invited to submit written comments on the draft bill to be filed in terms of the convention by no later than 12 August 2005.
Department of Transport, Private Bag X 193, Pretoria 0001, Transmitted to (012) 309 3326 or by e-mail to kongw ac@dot.gov.
To give effect to the 1992 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, and for related matters.
of the South African Maritime Safety Authority Act, 1998 (Act No.
"this Act" includes the regulations made under section 26.
as affected by any amendment made under Article 33 of that Protocol and accepted by the Republic.
Before the commencement of this Act, the Minister must publish a notice in the Gazette setting out the English text of the provisions of the Convention as in force at the commencement.
If an amendment is made under Article 33 of the Protocol and accepted by the Republic, the Minister must publish a notice in the Gazette setting out the English text of the amendment and specifying the day or days on which its provisions enter into force for the Republic.
In interpreting this Act, the Convention is taken to be the English text of the Convention as in force for the Republic and set out in notices in terms of this section.
This Act applies both within and outside the Republic and extends to the Prince Edward Islands within the meaning of section Iof the Prince Edward Islands Act, 1948 (Act No. 43 of 1948).
is evidence that a state specified in the notice is a state party to the Convention.
For the purposes of this Act, the Fund has the same legal personality as a company incorporated under the Companies Act, 1973 (Act No.61 of 1973), and, in particular, may sue and be sued.
For the purposes of this Act, the Director of the Fund is its legal representative.
paragraph (e) of Article 36 quarter; and Article 36 quinquies.
of Article 3 of the Convention as so having the force of law, a reference to the territorial sea, in so far as it relates to the Republic, is taken to be a reference to the territorial waters of the Republic.
of Article 3 of the Convention as so having the force of law, a reference to the exclusive economic zone, in so far as it relates to the Republic, is taken to be a reference to the exclusive economic zone of the Republic within the meaning of section 7 of the Maritime Zones Act, 1994 (Act No. 15 of 1994).
For the purposes of paragraph 7 of Article 4 of the Convention as so having the force of law, a request by the Authority is taken to be a request by the Republic.
The High Court of South Africa, exercising its admiralty jurisdiction, has jurisdiction (including jurisdiction for all incidental purposes) to hear and determine claims against the Fund for compensation under Article 4 of the Convention.
Fund may intervene in proceedings under Merchant Shipping (Civil Liability Convention) Act, 2005 10.
The Fund may intervene in proceedings for compensation under Part 2 of the Merchant Shipping (Civil Liability Convention) Act, 2005.
The regulations may make provision about giving effect to Article 8 of the Convention, including provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.
In legal proceedings involving the Fund, evidence of any instrument issued by an organ of the Fund or of any document, or entry in or extract from any document, in the custody of the Fund may be given by producing, without further proof, a copy of the relevant instrument, document, entry or extract, as the case may be, certified as a true copy by an official ofthe Fund.
Article 10 of the Convention (other than subparagraph 2(b)), in so far as it relates to ports or terminal installations in the Republic, has the force of law as part of the law of the Republic.
A person is not liable to contribute to the Fund because of this Part unless the contributions are imposed by another Act.
1 Contributions are imposed by the Merchant Shipping (International Oil Pollution Compensation Fund) (Contributions) Act, 2005.
the first person is a subsidiary of the second person.
of the Companies Act, 1973 (Act No. 61 of 1973), subject, in the case of a body incorporated outside the Republic, to any necessary modifications of that provision.
Paragraphs 2 and 3 of Article 12 of the Convention, in so far as they relate to the Republic, have the force of law as part of the law of the Republic.
Contributions required to be paid by a person because of this Part are due and payable on the day or days ascertained under paragraph 4 of Article 12 of the Convention and notified to the person by the Fund.
The regulations may make provision about requiring a person who is or may be liable to make contributions required to be paid because of this Part to give security for payment to the Fund.
the person, without reasonable excuse, refuses or fails to give the security.
The offence is punishable upon conviction by a fine or by imprisonment for a period not exceeding two years.
calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person's circumstances, on the amount unpaid, computed from that time until payment is made.
late payment penalty that is due and payable.
To avoid doubt, the Fund is not entitled to recover from the State any costs or other expenses it incurs in recovering an amount referred to in subsection (I).
the way in which late payment penalty may be paid; and refunds of, or of overpayments of, contributions.
(I), regulations made for the purposes of those paragraphs may make provision about the making of payments using electronic funds transfer systems.
Article 15 of the Convention, in so far as it relates to the Republic, has the force of law as part of the law of the Republic.
For the purposes of paragraphs 1 and 2 of Article 15 of the Convention as so having the force of law, an obligation imposed on the Republic is taken to be imposed on the Authority.
The Authority may inform the Fund of such additional matters relating to contributions as the Authority considers appropriate.
Authority, if the documents are relevant to ascertaining a person's liability to make contributions required to be paid because of this Part.
to be verified by solemn declaration.
A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.
proceedings for recovery of an amount of late payment penalty.
the person, without reasonable excuse, refuses or fails to give the information or return.
The offence is punishable upon conviction by fine or by imprisonment for a period not exceeding three years.
the person gives information or a return that, to the person's knowledge, is false or misleading in a material particular; or the person recklessly gives information or a return that is false or misleading in a material particular; and the information or return is given in purported compliance with regulations made for the purposes of this Division.
The offence is punishable upon conviction by a fine or by imprisonment for a period not exceeding five years.
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The regulations may prescribe penalties of a fine or of imprisonment for a period not exceeding 12 months for offences in terms of the regulations.
An offence in terms of this Act is taken, for purposes in relation to jurisdiction of a court to try the offence, to have been committed within the area of jurisdiction of the court inwhich the offence is prosecuted.
This Act is called the Merchant Shipping (International Oil Pollution Compensation Fund) Act, 2005.