MARINE TRAFFIC AMENDMENT ACT

NO. 5 OF 1983

[ASSENTED TO 18 FEBRUARY, 1983][DATE OF 
COMMENCEMENT: 28 DECEMBER, 1984]

(Afrikaans text signed by the State President)

ACT

To amend the Marine Traffic Act, 1981, so as to amend certain 
definitions and insert certain new definitions; to extend the right 
of innocent passage through the territorial waters to all ships; to 
regulate the immobilizing and laying-up of ships and further 
regulate the stopping and anchoring of ships outside harbours 
and fishing harbours; to further regulate the sinking and 
abandoning of ships and other objects; to amend the provisions 
relating to passage deemed to be non-innocent by making other 
provision for the suppression of illicit traffic in drugs on board 
foreign ships in the territorial waters; and to further regulate the 
Minister’s powers relating to ships on non-innocent passage; 
and to provide for matters connected therewith.

1.   Amends section 1 of the Marine Traffic Act, No. 2 of 1981, 
as follows:—paragraph (a) substitutes the definition of 
“authorized person”; paragraph (b) inserts the definitions of 
“Director-General” and “fishing harbour”; paragraph (c) 
substitutes the definition of “foreign”; paragraph (d) inserts the 
definitions of “harbour” and “immobilize”; paragraph (e) 
substitutes paragraphs (a) and (b) of the definition of “internal 
waters”; paragraph (f) inserts the definition of “lay-up”; 
paragraph (g) substitutes the definition of “master”; paragraph 
(h) substitutes paragraph (a) of the definition of “offshore 
installation”; paragraph (i) substitutes the definition of 
“passage”; and paragraph (j) substitutes the definition of “ship”.

2 to 5 inclusive.   Substitute respectively sections 2, 3, 4 and 5 
of the Marine Traffic Act, No. 2 of 1981.

6.   Amends section 6 of the Marine Traffic Act, No. 2 of 1981, 
by substituting subsection (1).

7.   Substitutes section 8 of the Marine Traffic Act, No. 2 of 
1981.

8.   Inserts section 8A in the Marine Traffic Act, No. 2 of 1981.

9.   Amends section 9 of the Marine Traffic Act, No. 2 of 1981, 
as follows:—paragraph (a) substitutes in subsection (1) (f) the 
expression “8” for the expression “8 (1)”; and paragraph (b) 
adds subsections (6) and (7).

10.   Amends section 11 of the Marine Traffic Act, No. 2 of 
1981, by substituting paragraph (b).

11.   Substitutes section 16 of the Marine Traffic Act, No. 2 of 
1981.

12.   Short title and commencement.—This Act shall be called 
the Marine Traffic Amendment Act, 1983, and shall come into 
operation on a date fixed by the State President by proclamation 
in the Gazette.