MERCHANT SHIPPING AMENDMENT ACT

NO. 25 OF 1985

[ASSENTED TO 18 MARCH, 1985][DATE OF 
COMMENCEMENT: 12 JULY, 1985]

(Afrikaans text signed by the State President)

ACT

To amend the Merchant Shipping Act, 1951, so as to amend the 
definition of “port” to distinguish for certain purposes between 
ports in and outside the Republic; to amend the definition of 
“ship” to include certain other vessels; to apply certain 
provisions to ships and small vessels used solely for sport or 
recreation; to authorize the Director-General: Transport to have 
certain of his functions performed by other persons or 
organizations; to exempt certain vessels and ships used solely 
for sport or recreation from the requirement of licensing; to 
extend the class of unseaworthy ships not permitted to leave 
port; to adjust the liability of the owner of a ship for certain 
losses or damage, by virtue of the accession of the Republic to 
the International Convention on Tonnage Measurement of 
Ships, 1969; and to provide for incidental matters.

1.   Amends section 2 (1) of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) substitutes the definition of 
“port”; paragraph (b) inserts the definition of “sport or 
recreation”; paragraph (c) substitutes the definition of “ship”; 
and paragraph (d) inserts the definition of “Tonnage 
Convention”.

2.   Amends section 3 of the Merchant Shipping Act, No. 57 of 
1951, by substituting subsection (7).

3.   Amends section 5 of the Merchant Shipping Act, No. 57 of 
1951, by substituting subsection (3).

4.   Amends section 64 of the Merchant Shipping Act, No. 57 of 
1951, by substituting paragraph (e).

5.   Amends section 68 of the Merchant Shipping Act, No. 57 of 
1951, as follows:— paragraph (a) substitutes subsection (3); 
and paragraph (b) deletes subsection (4).

6.   Substitutes section 240 of the Merchant Shipping Act, No. 
57 of 1951.

7.   Amends section 261 of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) substitutes subsection (1) 
(a); paragraph (b) substitutes subsection (1) (b); paragraph (c) 
substitutes subsection (1) (c); and paragraph (d) substitutes 
subsection (5).

8.   Amends section 262 of the Merchant Shipping Act, No. 57 
of 1951, by substituting subsection (1).

9.   Amends section 356 of the Merchant Shipping Act, No. 57 
of 1951, as follows:— paragraph (a) inserts subsection (1) 
(xli)bis; and paragraph (b) adds subsection (7).

10.   Short title and commencement.—(1)  This Act is called the 
Merchant Shipping Amendment Act, 1985, and comes into 
operation on a date fixed by the State President by proclamation 
in the Gazette.

(2)  Different dates may be so fixed in respect of different 
provisions of this Act.