The Minister may designate registrars of ships to administer the register. The register is to be administered in accordance with ministerial regulations and direction. The functions of the existing registrars are continued.
The provision for application and grant of ship registration is set out in the legislation. There is provisional registration where a ship is being constructed.There may be non-operative registration to allow for certification and licensing of a ship.
The Minister may make regulations in relation to the procedures, declarations, documentation and requirements as well as the format for application. Regulations may provide for
- registration procedures, including required application documentation and information;
- evidence of ownership of a ship;
- proof of identity (including by way of an electronic signature) of the applicant;
- proof of eligibility of the applicant to register a ship;
- proof of identity as a qualified person;
- ship manager details, and information regarding representative persons, where applicable;
- production of a builder’s certificate where applicable;
- production of a certificate of deletion where applicable;
- proof of name of ship;
- mortgage information;
- demonstration of compliance with requirements of any applicable conventions, the Merchant Shipping Acts and the Sea Pollution Acts, including with regard to holding certification and other documentation in their required form.
There are procedures for ship registration renewal. The Minister may prescribe the procedures, information, declarations and documentation requirements for making an application for the renewal of ship registration. An application for the renewal of ship registration shall be made within a time period determined by the Minister in regulations and in a form, manner and accompanied by the prescribed fee and documentation and other supporting information as the Minister may prescribe from time to time.
Ships are to be measured and certificates of measurement issued. Every ship that is subject to an application for registration on the Register shall, as required by regulations, be measured by a surveyor of ships and a its tonnage ascertained in accordance with the tonnage regulations, for the time being in force, or ) its measurement ascertained in accordance with regulations.
The surveyor issues a certificate of measurement specifying the ship’s measurement and build, and such other particulars descriptive of the identity of the ship as may be required from time to time as prescribed. The certificate is to be delivered to the Minister before registration.
The Minister may accept certificates of measurement issued by states party to the International Tonnage Convention instead.
The owner of a ship shall not make any change to a ship which would affect the measurement of a ship without first obtaining the prior consent of the Minister. Where a change is proposed in writing which would affect the measurement of a ship, the owner shall notify in writing the change to the Minister with supporting documentation as specified by the Minister and a copy of the existing certificate of registry. Following consideration of a notification and submission made under paragraph (b), the Minister may notify the owner of the ship of the Minister’s consent to the proposed change to the ship as notified.
The owner of a ship shall not make any change to a ship which would affect the measurement of a ship without first obtaining the prior consent of the Minister.) Where a change is proposed in writing which would affect the measurement of a ship, the owner shall notify in writing the change to the Minister with supporting documentation as specified by the Minister and a copy of the existing certificate of registry. Following consideration of a notification and submission made under paragraph (b), the Minister may notify the owner of the ship of the Minister’s consent to the proposed change to the ship as notified..
There are procedures for refusal of registration and removal of a registered ship from the register. The range of specified circumstances are set out including those relating to compliance with standards and conditions, safety, pollution, qualification.
There is provision for notification, making of representations by interested persons and an appeal to court where it is proposed to refuse registration or renewal or to remove a ship from the register.
The Minister may remove a ship from the Register in any of the following circumstances:
- non-compliance with safety, pollution, security standards and living and working conditions under the Merchant Shipping Acts and Sea Pollution Acts, following consideration of a report in that regard from the Marine Survey Office of the Department of Transport, Tourism and Sport;
- non-compliance with the provisions of regulations made under the Act;
- on notification from the owner of a transfer of registration outside the State;
- on application from the owner when the ship is not required to be registered;
- the ship is transferred to a person who is not a qualified person;
- a lapse in ship registration where an application for the renewal of ship registration is not made in or the application for renewal of ship registration is refused;
- the ship has been destroyed or recycled, lost or stolen, as notified in writing to the Minister by the owner of the ship or, in the absence of such notification, where the Minister is satisfied that this is the situation;
- false declarations made in connection with registration or renewal applications under the Act;
- the ship is no longer eligible to be registered;
- the ship is registered in another state;
- the ship is not carved and marked to the satisfaction of the Minister where required;
- failure by the registered owner to notify the Minister of a change in registration particulars of a ship;
- any other circumstance in relation to the Act that the Minister deems appropriate having regard to the need to preserve the integrity of the Register.
The Minister may remove a sea-fishing boat from the Register in any of the following circumstances:
- when a sea-fishing boat licence granted in respect of the boat, is revoked, suspended or ceases to have effect;
- when the boat is required 3 to have a sea-fishing boat licence but at the time of registration did not have such a licence, and has not acquired such a licence within 6 months of the grant of a non-operative registration.
The Minister shall notify his or her intention to refuse to register a ship, to refuse to renew a ship registration or to remove a ship from the Register to the owner of the ship. He shall give the owner the opportunity to make representations not later than 21 days after the date of the notice.
Any representations received) shall be considered who may decide to proceed to refuse to register a ship, to refuse to renew a ship registration or to remove a ship from the Register as the case may be and the Minister shall notify the owner of the ship of the decision in writing.
The owner of the ship may, not later than 14 days after the date of the notification appeal to the District Court against the decision of the Minister. The appeal is to the judge of the District Court within whose jurisdiction the owner of the ship ordinarily operates or proposes to operate a ship, or resides, as appropriate.
On the hearing of an appeal the Court may either confirm the decision of the Minister or allow the appeal. If the appeal is allowed in relation to a decision to refuse to register a ship or to refuse to renew a ship registration. The Minister shall, upon notification to him or her by the Court, register the ship or renew the ship registration. If the appeal is allowed in relation to a decision to remove a ship from the Register, the Minister shall, upon notification to him or her by the Court, reinstate the ship on the Register.
The decision of the District Court on an appeal is final except by leave of the Court, an appeal on a specified point of law lies to the High Court.
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