Navigation Act 1968 (Cth)
An Act to amend the
[Assented to 27 June 1968]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
(2.) The
(3.) The
Principal Act, as amended by this Act, may be cited as the
(2.) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
“Division 5.—Deck and Load Lines (Sections 218–227).”
and inserting in their stead the words and figures—
“Division 5.—Load Lines (Sections 218–227e)”.
(
a ) by omitting from sub-section (1.) the definitions of “country to which the Load Line Convention applies” and “country to which the Safety Convention applies” and inserting in their stead the following definition:—“‘country to which the Safety Convention applies’ means a country or territory specified in a notice under the next succeeding section;”;
(
b ) by omitting from sub-paragraphs (iii) and (iv) of paragraph (a ) of the definition of “international voyage” in sub-section (1.) the words “a country to which the Load Line Convention applies” and inserting in their stead the words “a country that is a Load Line Convention country for the purposes of that Division”;(
c ) by omitting from sub-section (1.) the definition of “the Load Line Convention” and inserting in its stead the following definition:—“‘the Load Line Convention’ means the International Convention on Load Lines, 1966 (a copy of the articles of which, and of the annexes to which, other than the chart attached to Annex II, are set forth in Schedule VII. to this Act), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 29 of the Convention;”; and
(
d ) by omitting from paragraph (b )of sub-section (3.) the words “a colony, overseas territory or protectorate, or”.
“187b. The
Minister may, by notice published in the
“187c.(1.) Where a ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the load line marked on either side of the ship that is the appropriate load line at that time would be submerged, the ship shall, for the purposes of this Part, be deemed to be overloaded, and, subject to sub-section (4.) of this section, to be overloaded to the extent to which that load line would be so submerged.
“(2.) Where—
(
a ) a ship is at any time engaged on, or is about to engage on, a voyage during which, in the ordinary course, a load line marked on either side of the ship (not being a load line that is the appropriate load line at that time) would, at some later time during the voyage, become the appropriate load line; and(
b ) the ship is so loaded at that first-mentioned time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025 and there were unloaded from the ship the fuel and other material that would, in the ordinary course, be consumed or discharged before that later time, that load line would be sub-merged,
the ship shall, for the purposes of this Part, be deemed to be overloaded and, subject to sub-section(4.) of this section, to be overloaded to the extent to which that load line would be so submerged.
“(3.) Where a passenger ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the subdivision load line marked on either side of the ship that is the appropriate subdivision load line at that time would be submerged, the ship shall, for the purposes of this Part, be deemed to be overloaded, and subject to the next succeeding sub-section, to be overloaded to the extent to which that subdivision load line would be so submerged.
“(4.) Where—
(
a ) in any proceedings under this Act, it is proved that a ship is, by force of more than one sub-section of this section, deemed to be overloaded; and(
b ) the extent to which, under those sub-sections, the ship is deemed to be overloaded is not the same in each case,
the ship shall, for the purposes of this Part, be deemed to be overloaded to the greatest extent to which she is deemed to be overloaded under those sub-sections.
“(5.) For the purposes of this section, the load line or subdivision load line marked on a ship that is the appropriate load line or subdivision load line at any time shall be determined in accordance with the regulations.
“187d. The Minister may, by writing under his hand, certify that amendments set out in, or annexed to, the certificate are the amendments, other than amendments not accepted by Australia, by which the Safety
Convention or the Load Line Convention was affected as at such date as is specified in the certificate and, in any proceedings under this Act, such a certificate is evidence of the matters certified to in the certificate.”.
“188. Where a ship (other than a nuclear ship) that is not ordinarily engaged on international voyages undertakes, in exceptional circumstances, a single international voyage, the Minister may, if he is satisfied that the ship complies with safety requirements that, in his opinion, are adequate for the voyage, exempt the ship or any person, in respect of that voyage, from compliance with any provision of this Act or the regulations that gives effect to the Safety Convention.”.
“190aa.—(1.) A surveyor may at any reasonable time go on board a ship and inspect the ship and any part of the ship, including the hull, boilers, machinery and equipment of the ship, and may require the certificate of competency of the master or of any officer of the ship, or any certificate or other document relating to the ship, to be produced to him.
“(2.) Without limiting the generality of the last preceding sub-section, the powers of a surveyor under that sub-section extend, subject to section two hundred and twenty-seven e of this Act, to the inspection of a ship for the purpose of ascertaining whether the ship complies with such of the provisions of this Act and the regulations relating to load lines as apply to the ship and whether the ship is overloaded, and to requiring the production to him of any certificate relating to load lines issued in respect of the ship.
“(3.) Where the Minister receives the report of a surveyor who has carried out, or proposes to carry out, an inspection of a ship under this section, he may, if he considers it necessary so to do, require the ship to be taken into dock or otherwise dealt with so that a surveyor can inspect the hull, boilers, machinery or equipment of the ship.
“(4.) A surveyor shall not, in exercising his powers under this section, unnecessarily detain or delay a ship from proceeding on a voyage.
“(5.) A person shall not obstruct or hinder a surveyor in the exercise of his powers under this section, and shall, unless he has reasonable excuse for failing to do so, comply with any requirement made by the Minister or a surveyor under this section.
Penalty: Five hundred dollars.”.
“191b.—(1.) If a ship, not being a Safety Convention ship, has been marked in accordance with the regulations with subdivision load lines and the ship is not, except with reasonable cause, kept so marked, the
owner and master of the ship are each guilty of an offence against this Act punishable upon conviction by a fine not exceeding One thousand dollars.
“(2.) If a ship, not being a Safety Convention ship, has been marked in accordance with the regulations with subdivision load lines and any person, except with reasonable cause, conceals, removes, alters, defaces or obliterates, or suffers any person under his control to conceal, remove, alter, deface or obliterate any such mark, he is guilty of an offence against this Act punishable upon conviction by a fine not exceeding One thousand dollars.”.
“Division 5.—Load Lines.
“218.—(1.) In this Division, unless the contrary intention appears—
‘Australian load line certificate’ means a certificate issued under paragraph (
b )of section two hundred and twenty-two of this Act;‘international load line certificate’ means a certificate issued under paragraph (
a )of section two hundred and twenty-two of this Act;‘international load line exemption certificate’ means a certificate issued under section two hundred and twenty-three of this Act;
‘load line’ means a load line other than a subdivision load line;
‘Load Line Convention country’ means a country or territory specified in a notice under the next succeeding section;
‘non-Australian Load Line Convention ship’ means a ship that is registered in a Load Line Convention country and is a ship to which the Load Line Convention applies;
‘ship to which the Load Line Convention applies’ means a ship to which, in accordance with Articles 4 and 5 of the Load Line Convention, that Convention applies;
‘the conditions of assignment’ means the regulations which give effect to Chapter II. of Annex I to the Load Line Convention, including any application of those regulations to ships or a class of ships not engaged on international voyages or to which the Load Line Convention does not otherwise apply;
‘valid Load Line Convention certificate’ means a certificate in the form of the International Load Line Certificate (1966) set out in Annex III to the Load Line Convention, being a certificate that—
(
a ) is issued in respect of a non-Australian Load Line Convention ship by or with the authority of the government of the country in which the ship is registered; and(
b ) complies with such requirements as are prescribed;‘valid Load Line Convention exemption certificate’ means a certificate in the form of the International Load Line Exemption Certificate set out in Annex III to the Load Line Convention, being a certificate that—
(
a ) is issued in respect of a non-Australian Load Line Convention ship by or with the authority of the government of the country in which the ship is registered; and(
b ) complies with such requirements as are prescribed.
“(2.) For the purposes of this Division, an unregistered ship flying the flag of a country shall be deemed to be registered in that country.
“219. The Minister may, by notice published in the
“220.—(1.) The regulations may make provision for and in relation to giving effect to the Load Line Convention and generally may make provision for and in relation to load lines, including the assigning of, and the survey of ships for the purpose of assigning, load lines to ships and the marking of load lines on ships.
“(2.) Any regulations that make provision for or in relation to giving effect to the Load Line Convention may be expressed to apply to a ship, or a class of ships, that is not engaged on international voyages or to which the Load Line Convention does not otherwise apply, and may be expressed so to apply without modification or with modifications specified in or to be determined under the regulations.
“221.—(1.) The Minister may, in relation to a ship that is registered in Australia and is a ship to which the Load Line Convention applies, exercise the right conferred on the government of the Commonwealth by paragraph (1) of Article 6 of the Load Line Convention to exempt a ship from the provisions of the Convention, and a ship so exempted, and the master and owner of the ship, are exempt from compliance with this Division and the regulations that relate to load lines.
“(2.) The Minister may, in relation to a ship that is registered in Australia and is a ship to which the Load Line Convention applies, exercise the right conferred on the government of the Commonwealth by paragraph (2) of Article 6 of the Load Line Convention to exempt a ship from a provision of the Convention, and a ship so exempted, and the master and owner of the ship, are exempt from compliance with any provision of this Division, or any provision of the regulations, that gives effect to that provision of the Convention.
“(3.) An exemption granted by the Minister under the last preceding sub-section may be granted subject to the condition that such safety requirements as are specified by the Minister in relation to the ship are complied with.
“(4.) Where safety requirements specified by the Minister in relation to a ship under the last preceding sub-section are not complied with, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding One thousand dollars.
“(5.) Where a ship registered in Australia, being a ship that is not ordinarily engaged on international voyages but would be a ship to which the Load Line Convention applies if it were engaged on international voyages, undertakes, in exceptional circumstances, a single international voyage, the Minister may, if he is satisfied that the ship complies with safety requirements that, in his opinion, are adequate for the voyage, exempt the ship or the master and owner of the ship, in respect of that voyage, from compliance with any provision of this Division, or any provision of the regulations that relates to load lines.
“(6.) Where the Minister is satisfied that it would be unreasonable or impracticable to apply this Division, or a provision of this Division or a provision of the regulations that relates to load lines, to or in relation to a ship that is not a ship to which the Load Line Convention applies, he may, subject to such conditions as he thinks fit for ensuring the safety of the ship and the passengers and crew of the ship, exempt the ship, or the master and owner of the ship, from compliance with the provisions of this Division or from compliance with that provision of this Division or of that provision of the regulations, as the case may be.
“(7.) The powers of the Minister under the last preceding sub-section to grant an exemption in respect of a ship extend to granting exemptions in respect of ships included in a class of ships.
“(8.) Where a condition specified by the Minister under sub-section (6.) of this section is not complied with in relation to a ship, the master and owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding One thousand dollars.
“222. Where a ship, other than a non-Australian Load Line Convention ship, except to the extent of any exemption granted by the Minister under section two hundred and twenty-one of this Act, has been surveyed and marked in accordance with the regulations and complies with the conditions of assignment applicable to the ship, the Minister, or a survey authority authorized in writing by the Minister to issue certificates under this section, may issue in respect of the ship—
(
a ) if the ship is registered in Australia and is a ship to which the Load Line Convention applies or would be such a ship if it were engaged on international voyages—a certificate in the form of the International Load Line Certificate (1966) set out in Annex III to the Load Line Convention; or(
b ) in any other case—a load line certificate in a form approved by the Minister.
“223. Where, under sub-section (2.) or (5.) of section two hundred and twenty-one of this Act, a ship is exempted from compliance with a provision of this Division or a provision of the regulations, the Minister shall issue in respect of the ship a certificate in the form of the International Load Line Exemption Certificate set out in Annex III to the Load Line Convention.
“224.—(1.) Subject to this section and to the regulations, an international load line certificate, an international load line exemption certificate issued in respect of an exemption granted under sub-section (2.) of section two hundred and twenty-one of this Act, or an Australian load line certificate, remains in force for such period as is specified in the certificate, being a period that does not expire later than five years after the date of issue of the certificate.
“(2.) Provision may be made in the regulations for and in relation to—
(
a ) the extension, in accordance with paragraph (2) of Article 19 of the Load Line Convention, of an international load line certificate or an international load line exemption certificate issued in respect of an exemption granted under sub-section (2.) of section two hundred and twenty-one of this Act; and(
b ) the cancellation, in accordance with paragraph (3) of Article 19 of the Load Line Convention, of such a certificate.
“(3.) An international load line certificate or an international load line exemption certificate ceases to have effect if the ship in respect of which it was issued ceases to be registered in Australia.
“(4.) The regulations may specify circumstances in which an Australian load line certificate ceases to have effect and may make provision for and in relation to the extension or cancellation of an Australian load line certificate.
“(5.) Where an international load line certificate, an international load line exemption certificate or an Australian load line certificate is cancelled, the certificate is of no force or effect after the Minister has given notice in writing of the cancellation to the owner, agent or master of the ship in respect of which the certificate was issued.
“(6.) Where an international load line certificate, an international load line exemption certificate or an Australian load line certificate has expired or has been cancelled, the Minister may require the owner or master of the ship in respect of which the certificate was issued to deliver up the certificate to the Minister or to such other person as the Minister directs, and the ship may be detained until the requirement is complied with.
“225.—(1.) The master of a ship in respect of which an international load line certificate, an international load line exemption certificate or an Australian load line certificate has been issued shall, while the certificate remains in force, cause a copy of the certificate to be kept displayed in a prominent and accessible place in the ship where it may be read by all persons on board.
“(2.) The master of a ship in respect of which an international load line certificate or an Australian load line certificate has been issued shall enter in the official log-book of the ship particulars of the position of the deck line and load lines specified in the certificate.
“226.—(1.) Where—
(
a ) the government of a Load Line Convention country requests the Minister to issue, in respect of a ship that is registered in that country and is a ship to which the Load Line Convention applies, a certificate in the form of the International Load Line Certificate (1966) set out in Annex III to the Convention; and(
b ) the Minister is satisfied that the ship complies with the provisions of the Convention,
he may issue in respect of the ship a certificate in that form.
“(2.) A certificate issued under this section—
(
a ) shall contain a statement to the effect that it has been issued at the request of the government of the country in which the ship is registered; and(
b ) has effect, for the purposes of this Division, as if it had been issued by that government.
“227.—(1.) The Minister may request the government of a Load Line Convention country to issue, or cause to be issued, in respect of a ship that is registered in Australia and is a ship to which the Load Line Convention applies a certificate in the form of the International Load Line Certificate (1966) set out in Annex III to the Load Line Convention.
“(2.) A certificate issued in pursuance of such a request and containing a statement that it has been so issued has effect, for the purposes of this Division, as if it had been issued by the Minister under section two hundred and twenty-two of this Act.
“227a.—(1.) The master or owner of a ship registered in Australia shall not take the ship to sea, or permit the ship to be taken to sea, on any voyage, and the master or owner of a ship not registered in Australia, other than a non-Australian Load Line Convention ship, shall not take the ship to sea, or permit the ship to be taken to sea, on a voyage from a port in Australia unless—
(
a )where the ship is registered in Australia and is a ship to which the Load Line Convention applies or would be such a ship if it were engaged on international voyages—there is in force in respectof the ship an international load line certificate, and any international load line exemption certificate that is in force in respect of the ship applies to the voyage; or
(
b )in any other case—there is in force in respect of the ship an Australian load line certificate.
Penalty: One thousand dollars.
“(2.) Where the Minister, after having regard to any certificate relating to load lines that is in force in respect of a ship that is not registered in Australia and is not a non-Australian Load Line Convention ship, is satisfied that he can do so without danger to the ship or its passengers or crew, he may, subject to such conditions, if any, as are specified in the exemption, exempt the master and the owner of the ship from compliance with the last preceding sub-section in respect of a voyage specified in the exemption.
“(3.) Where application is made to an officer of Customs in respect of a ship, not being a non-Australian Load Line Convention ship, for a clearance under the Customs Act for a voyage from a port in Australia, the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs the certificate required by sub-section (1.) of this section to be in force in respect of the ship and any international load line exemption certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is, or the certificates are, produced to him.
“(4.) Where application is made to an officer of Customs in respect of a non-Australian Load Line Convention ship for a clearance under the Customs Act for a voyage from a port in Australia, the master of the ship shall, if so required by the officer of Customs, produce to the officer of Customs a valid Load Line Convention certificate in respect of the ship and any valid Load Line Convention exemption certificate in force in respect of the ship, and the officer of Customs may refuse to grant the clearance, and the ship may be detained, until the certificate is, or the certificates are, produced to him.
“227b.—(1.) If, except as permitted by or under the regulations—
(
a ) a ship registered in Australia that is overloaded goes to sea from, or arrives at, any port, or is on any voyage; or(
b ) a ship not registered in Australia that is overloaded goes to sea from, or arrives at, a port in Australia,
the master and owner of the ship are each guilty of an offence against this Act punishable upon conviction by a fine not exceeding Two thousand dollars and by an additional fine not exceeding an amount calculated at the rate of such amount as is applicable to the ship in accordance with the table at the foot of this sub-section (having regard to the gross registered tonnage of the ship if the ship is a passenger ship, or the deadweight tonnage of the ship if the ship is a cargo ship) for each inch or part of an inch by which the ship is overloaded.
Gross registered tonnage (passenger ships) or deadweight tonnage (cargo ships) | Amount |
$ | |
Not exceeding 1,000 tons.......................................................................................... | 500 |
Exceeding 1,000 tons but not exceeding 5,000 tons.................................................... | 1,000 |
Exceeding 5,000 tons but not exceeding 10,000 tons................................................... | 2,000 |
Exceeding 10,000 tons but not exceeding 20,000 tons................................................. | 4,000 |
Exceeding 20,000 tons but not exceeding 40,000 tons................................................. | 6,000 |
Exceeding 40,000 tons.............................................................................................. | 8,000 |
“(2.) The Minister may, by writing under his hand, certify, in relation to a ship specified in the certificate, that—
(
a ) having regard to the Register Book issued by the Committee of Lloyd’s Register of Shipping and Supplements to that Register; or(
b ) having regard to the report of a surveyor furnished to him for the purposes of the certificate,
he is satisfied that, on a date specified in the certificate, the gross registered tonnage of the ship or the deadweight tonnage of the ship, as the case may be, was such number of tons as is specified in the certificate, and, in proceedings for an offence against the last preceding sub-section in respect of the ship, the certificate is evidence that the gross registered tonnage of the ship or the deadweight tonnage of the ship, as the case may be, was, on the date so specified, the number of tons so specified.
“(3.) It is a defence in proceedings for an offence against sub-section (1.) of this section in respect of a ship if it is proved that the circumstances giving rise to the offence were due only to a deviation or delay of the ship caused solely by stress of weather or other circumstances which neither the master nor owner of the ship could have prevented or forestalled.
“227c. Where—
(
a ) a certificate that relates, in whole or in part, to load lines or sub-division load lines is in force in respect of a ship; and(
b ) a surveyor is not satisfied that any deck line, load line or sub-division load line marked on the ship is in the position specified for that line in the certificate,
the ship may be detained until he is satisfied that the line is in that position.
“227d.—(1.) If a ship, not being a non-Australian Load Line Convention ship, has been marked in accordance with the regulations with deck lines and load lines and it is not, except with reasonable cause, kept so marked, the owner and master of the ship are each guilty of an offence against this Act punishable upon conviction by a fine not exceeding One thousand dollars.
“(2.) If a ship, not being a non-Australian Load Line Convention ship, has been marked in accordance with the regulations with deck lines and load lines and any person, except with reasonable cause, conceals, removes, alters, defaces or obliterates, or suffers any person under his control to conceal, remove, alter, deface or obliterate any such mark, he is guilty of an offence against this Act punishable upon conviction by a fine not exceeding One thousand dollars.
“227e.—(1.) If a valid Load Line Convention certificate is produced to a surveyor in respect of a non-Australian Load Line ship, his powers of inspecting the ship under section one hundred and ninety aa of this Act in respect of the matters referred to in sub-section (2.) of that section are limited to ascertaining—
(
a ) whether the ship is overloaded;(
b ) whether the positions of the load lines on the ship correspond with the positions specified in the certificate;(
c ) whether any material alteration that would require the assignment of increased freeboard to the ship has, since the certificate was issued, taken place in the hull or superstructures of the ship;(
d ) whether the fittings and appliances for the protection of openings, guard rails, freeing ports and means of access to the crew’s quarters have been maintained on the ship in an effective condition; and(
e )whether the ship complies with the conditions specified in any valid Load Line Convention exemption certificate in force in respect of the ship.
“(2.) If—
(
a ) on inspection by a surveyor of a non-Australian Load Line Convention ship in respect of which a valid Load Line Convention certificate is produced, it is found that—(i) a material alteration that would require the assignment of increased freeboard to the ship has, since the certificate was issued, taken place in the hull or superstructures of the ship;
(ii) the fittings and appliances for the protection of openings, guard rails, freeing ports and means of access to the crew’s quarters have not been maintained on the ship in an effective condition; or
(iii) the ship does not comply with any condition specified in any valid Load Line Convention exemption certificate in force in respect of the ship; and
(
b ) the Minister is satisfied that the ship is manifestly unfit to proceed to sea without danger to human life,
the Minister may declare the ship to be unseaworthy and thereupon the ship shall be deemed to be unseaworthy for the purposes of section two hundred and ten of this Act.”.
Principal Act as amended by this Act of a kind specified in column 2 of that table opposite to the first-mentioned certificate, and the Principal Act as so amended shall apply in relation to the certificate as if it were a certificate of such a kind and had been issued under Division 5 of Part IV. of the Principal Act as so amended.
Column 1 | Column 2 |
|
|
|
|
(2.) The last preceding sub-section ceases to have effect in relation to a certificate at the expiration of two years after the commencement of this section if the certificate has not ceased to be in force before the expiration of that period.
(3.) Where, at any time before the expiration of two years after the commencement of this section, there is in force in respect of a ship not registered in Australia a valid 1930 Load Line Convention certificate, that certificate has effect, at that time, for the purposes of the Principal Act amended by this Act, as if it were a valid Load Line Convention certificate as defined by sub-section (1.) of section 218 of the Principal Act as amended by this Act.
(4.) Where, immediately before the commencement of this section, a country or territory fell within the definition of “country to which the Load Line Convention applies” in sub-section (1.) of section 187a of the Principal Act, that country or territory shall, until the expiration of two years after the commencement of this section or until it is specified in a notice under section 219 of the Principal Act as amended by this Act, whichever first occurs, be deemed to be a country or territory that falls within the definition of “Load Line Convention country” in sub-section (1.) of section 218 of the Principal Act as amended by this Act.
(5.) In this section, “valid 1930 Load Line Convention certificate” means a certificate issued before the commencement of this section that was a valid Load Line Convention certificate for the purposes of the Principal Act or a certificate issued after the commencement of this section that, if it had been issued before the commencement of this section, would have been a valid Load Line Convention certificate for the purposes of the Principal Act.
THE SCHEDULE Section 13.
“SCHEDULE VII. Section 187a
ARTICLES OF, AND ANNEXES TO, THE INTERNATIONAL CONVENTION ON LOAD LINES, 1966
Article 1
(1) The Contracting Governments undertake to give effect to the provisions of the present Convention and the Annexes hereto, which shall constitute an integral part of the present Convention. Every reference to the present Convention constitutes at the same time a reference to the Annexes.
(2) The Contracting Governments shall undertake all measures which may be necessary to give effect to the present Convention.
Article 2
For the purpose of the present Convention, unless expressly provided otherwise:
(1) “Regulations” means the Regulations annexed to the present Convention.
(2) “Administration” means the Government of the State whose flag the ship is flying.
(3) “Approved” means approved by the Administration.
(4) “International voyage” means a sea voyage from a country to which the present Convention applies to a port outside such country, or conversely. For this purpose, every territory for the international relations of which a Contracting Government is responsible or for which the United Nations are the administering authority is regarded as a separate country.
(5) A “fishing vessel” is a ship used for catching fish, whales, seals, walrus or other living resources of the sea.
(6) “New ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after the date of coming into force of the present Convention for each Contracting Government.
(7) “Existing ship” means a ship which is not a new ship.
(8) “Length” means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline.
Article 3
(1) No ship to which the present Convention applies shall proceed to sea on an international voyage after the date on which the present Convention comes into force unless it has been surveyed, marked and provided with an International Load Line Certificate (1966) or, where appropriate, an International Load Line Exemption Certificate in accordance with the provisions of the present Convention.
(2) Nothing in this Convention shall prevent an Administration from assigning a greater freeboard than the minimum freeboard determined in accordance with Annex I.
Article 4
(1) The present Convention shall apply to:
(
a ) ships registered in countries the Governments of which are Contracting Governments;(
b ) ships registered in territories to which the present Convention is extended under Article 32; and(
c ) unregistered ships flying the flag of a State, the Government of which is a Contracting Government.
(2) The present Convention shall apply to ships engaged on international voyages.
(3) The Regulations contained in Annex I are specifically applicable to new ships.
The Schedule—
(4) Existing ships which do not fully comply with the requirements of the Regulations contained in Annex I or any part thereof shall meet at least such lesser related requirements as the Administration applied to ships on international voyages prior to the coming into force of the present Convention; in no case shall such ships be required to increase their freeboards. In order to take advantage of any reduction in freeboard from that previously assigned, existing ships shall comply with all the requirements of the present Convention.
(5) The Regulations contained in Annex II are applicable to new and existing ships to which the present Convention applies.
Article 5
(1) The present Convention shall not apply to:
(
a ) ships of war;(
b ) new ships of less than 24 metres (79 feet) in length;(
c ) existing ships of less than 150 tons gross;(
d ) pleasure yachts not engaged in trade;(
e ) fishing vessels.
(2) Nothing herein shall apply to ships solely navigating:
(
a ) the Great Lakes of North America and the River St. Lawrence as far east as a rhumb line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the meridian of longitude 63°W;(
b ) the Caspian Sea;(
c ) the Plate, Parana and Uruguay Rivers as far east as a rhumb line drawn between Punta Norte, Argentina, and Punta del Este, Uruguay.
Article 6
(1) Ships when engaged on international voyages between the near neighbouring ports of two or more States may be exempted by the Administration from the provisions of the present Convention, so long as they shall remain engaged on such voyages, if the Governments of the States in which such ports are situated shall be satisfied that the sheltered nature or conditions of such voyages between such ports make it unreasonable or impracticable to apply the provisions of the present Convention to ships engaged on such voyages.
(2) The Administration may exempt any ship which embodies features of a novel kind from any of the provisions of this Convention the application of which might seriously impede research into the development of such features and their incorporation in ships engaged on international voyages. Any such ship shall, however, comply with safety requirements which, in the opinion of that Administration, are adequate for the service for which it is intended and are such as to ensure the overall safety of the ship and which are acceptable to the Governments of the States to be visited by the ship.
(3) The Administration which allows any exemption under paragraphs (1) and (2) of this Article shall communicate to the Inter-Governmental Maritime Consultative Organization (hereinafter called the Organization) particulars of the same and reasons therefor which the Organization shall circulate to the Contracting Governments for their information.
(4) A ship which is not normally engaged on international voyages but which, in exceptional circumstances, is required to undertake a single international voyage may be exempted by the Administration from any of the requirements of the present Convention, provided that it complies with safety requirements which, in the opinion of that Administration, are adequate for the voyage which is to be undertaken by the ship.
Article 7
(1) A ship which is not subject to the provisions
of the present Convention at the time of its departure on any voyage shall not
become subject to such provisions on account of any deviation from its intended
voyage due to stress of weather or any other cause of
(2) In applying the provisions of the present
Convention, the Contracting Governments shall give due consideration to any
deviation or delay caused to any ship owing to stress of weather or any other
cause of
The Schedule—
Article 8
(1) The Administration may allow any fitting, material, appliance or apparatus to be fitted, or any other provision to be made in a ship, other than that required by the present Convention, if it is satisfied by trial thereof or otherwise that such fitting, material, appliance or apparatus, or provision, is at least as effective as that required by the Convention.
(2) The Administration which allows a fitting, material, appliance or apparatus, or provision, other than that required by the present Convention, shall communicate to the Organization for circulation to the Contracting Governments particulars thereof, together with a report on any trials made.
Article 9
(1) Nothing in the present Convention shall prevent an Administration from making specific approvals for experimental purposes in respect of a ship to which the Convention applies.
(2) An Administration which makes any such approval shall communicate to the Organization for circulation to the Contracting Governments particulars thereof.
Article 10
(1) A ship which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with at least the requirements previously applicable to the ship. An existing ship in such a case shall not, as a rule, comply to a lesser extent with the requirements for a new ship than it did before.
(2) Repairs, alterations and modifications of a major character and outfitting related thereto should meet the requirements for a new ship in so far as the Administration deems reasonable and practicable.
Article 11
(1) A ship to which the present Convention applies shall comply with the requirements applicable to that ship in the zones and areas described in Annex II.
(2) A port standing on the boundary line between two zones or areas shall be regarded as within the zone or area from or into which the ship arrives or departs.
Article 12
(1) Except as provided in paragraphs (2) and (3) of this Article, the appropriate load lines on the sides of the ship corresponding to the season of the year and the zone or area in which the ship may be shall not be submerged at any time when the ship puts to sea, during the voyage or on arrival.
(2) When a ship is in fresh water of unit density the appropriate load line may be sub-merged by the amount of the fresh water allowance shown on the International Load Line Certificate (1966). Where the density is other than unity, an allowance shall be made proportional to the difference between 1.025 and the actual density.
(3) When a ship departs from a port situated on a river or inland waters, deeper loading shall be permitted corresponding to the weight of fuel and all other materials required for consumption between the point of departure and the sea.
Article 13
The survey, inspection and marking of ships, as regards the enforcement of the provisions of the present Convention and the granting of exemptions therefrom, shall be carried out by officers of the Administration. The Administration may, however, entrust the survey, inspection and marking either to surveyors nominated for the purpose or to organizations recognized by it. In every case the Administration concerned fully guarantees the completeness and efficiency of the survey, inspection and marking.
The Schedule—
Article 14
(1) A ship shall be subjected to the surveys and inspections specified below:
(
a ) A survey before the ship is put in service, which shall include a complete inspection of its structure and equipment in so far as the ship is covered by the present Convention. This survey shall be such as to ensure that the arrangements, material, and scantlings fully comply with the requirements of the present Convention.(
b ) A periodical survey at intervals specified by the Administration, but not exceeding five years, which shall be such as to ensure that the structure, equipment, arrangements, material and scantlings fully comply with the requirements of the present Convention.(
c ) A periodical inspection within three months either way of each annual anniversary date of the certificate, to ensure that alterations have not been made to the hull or superstructures which would affect the calculations determining the position of the load line and so as to ensure the maintenance in an effective condition of fittings and appliances for:(i) protection of openings;
(ii) guard rails;
(iii) freeing ports; and
(iv) means of access to crew’s quarters.
(2) The
periodical inspections referred to in paragraph (1) (
Article 15
After any survey of the ship under Article 14 has been completed, no change shall be made in the structure, equipment, arrangements, material or scantlings covered by the survey, without the sanction of the Administration.
Article 16
(1) An International Load Line Certificate (1966) shall be issued to every ship which has been surveyed and marked in accordance with the present Convention.
(2) An International Load Line Exemption Certificate shall be issued to any ship to which an exemption has been granted under and in accordance with paragraph (2) or (4) of Article 6.
(3) Such certificates shall be issued by the Administration or by any person or organization duly authorized by it. In every case, the Administration assumes full responsibility for the certificate.
(4) Notwithstanding any other provision of the present Convention, any international load line certificate which is current when the present Convention comes into force in respect of the Government of the State whose flag the ship is flying shall remain valid for two years or until it expires, whichever is earlier. After that time an International Load Line Certificate (1966) shall be required.
Article 17
(1) A Contracting Government may, at the request of another Contracting Government, cause a ship to be surveyed and, if satisfied that the provisions of the present Convention are complied with, shall issue or authorize the issue of an International Load Line Certificate (1966) to the ship in accordance with the present Convention.
(2) A copy of the certificate, a copy of the survey report used for computing the freeboard, and a copy of the computations shall be transmitted as early as possible to the requesting Government.
(3) A certificate so issued must contain a statement to the effect that it has been issued at the request of the Government of the State whose flag the ship is or will be flying and it shall have the same force and receive the same recognition as a certificate issued under Article 16.
(4) No International Load Line Certificate (1966) shall be issued to a ship which is flying he flag of a State the Government of which is not a Contracting Government.
The Schedule—
Article 18
(1) The certificates shall be drawn up in the official language or languages of the issuing country. If the language used is neither English nor French, the text shall include a translation into one of these languages.
(2) The form of the certificates shall be that of the models given in Annex III. The arrangement of the printed part of each model certificate shall be exactly reproduced in any certificates issued, and in any certified copies thereof.
Article 19
(1) An International Load Line Certificate (1966) shall be issued for a period specified by the Administration, which shall not exceed five years from the date of issue.
(2) If,
after the periodical survey referred to in paragraph (1) (
(3) An International Load Line Certificate (1966) shall be cancelled by the Administration if any of the following circumstances exist:
(
a ) material alterations have taken place in the hull or superstructures of the ship such as would necessitate the assignment of an increased freeboard;(
b ) the fittings and appliances mentioned in sub-paragraph (c) of paragraph (1) of Article 14 are not maintained in an effective condition;(
c ) the certificate is not endorsed to show that the ship has been inspected as provided in sub-paragraph (c ) of paragraph (1) of Article 14;(
d ) the structural strength of the ship is lowered to such an extent that the ship is unsafe.(4) (
a ) The duration of an International Load Line Exemption Certificate issued by an Administration to a ship exempted under paragraph (2) of Article 6shall not exceed five years from the date of issue. Such certificate shall be subject to a renewal, endorsement and cancellation procedure similar to that provided for an International Load Line Certificate (1966) under this Article.(
b ) The duration of an International Load Line Exemption Certificate issued to a ship exempted under paragraph (4) of Article 6 shall be limited to the single voyage for which it is issued.
(5) A certificate issued to a ship by an Administration shall cease to be valid upon the transfer of such a ship to the flag of another State.
Article 20
The certificates issued under the authority of a Contracting Government in accordance with the present Convention shall be accepted by the other Contracting Governments and regarded for all purposes covered by the present Convention as having the same force as certificates issued by them.
Article 21
(1) Ships holding a certificate issued under Article 16 or Article 17 are subject, when in the ports of other Contracting Governments, to control by officers duly authorized by such Governments. Contracting Governments shall ensure that such control is exercised as far as is reasonable and practicable with a view to verifying that there is on board a valid certificate under the present Convention. If there is a valid International Load Line Certificate (1966) on board the ship, such control shall be limited to the purpose of determining that:
(
a )the ship is not loaded beyond the limits allowed by the certificate;(
b ) the position of the load line of the ship corresponds with the certificate; and(
c ) the ship has not been so materially altered in respect to the matters set out in sub-paragraphs (a ) and (b )of paragraph (3) of Article 19 that the ship is manifestly unfit to proceed to sea without danger to human life.
If there is a valid International Load Line Exemption Certificate on board, such control shall be limited to the purpose of determining that any conditions stipulated in that certificate are complied with.
(2) If such control is exercised under
sub-paragraph (
(3) In the event of the control provided for in this Article giving rise to intervention of any kind, the officer carrying out the control shall immediately inform in writing the Consul or the diplomatic representative of the State whose flag the ship is flying of this decision and of all the circumstances in which intervention was deemed to be necessary.
Article 22
The privileges of the present Convention may not be claimed in favour of any ship unless it holds a valid certificate under the Convention.
Article 23
(1) Each Administration undertakes to conduct an investigation of any casualty occurring to ships for which it is responsible and which are subject to the provisions of the present Convention when it judges that such an investigation may assist in determining what changes in the Convention might be desirable.
(2) Each Contracting Government undertakes to supply the Organization with the pertinent information concerning the findings of such investigations. No reports or recommendations of the Organization based upon such information shall disclose the identity or nationality of the ships concerned or in any manner fix or imply responsibility upon any ship or person.
Article 24
(1) All other treaties, conventions and arrangements relating to load line matters at present in force between Governments parties to the present Convention shall continue to have full and complete effect during the terms thereof as regards:
(
a ) ships to which the present Convention does not apply; and(
b )ships to which the present Convention applies, in respect of matters for which it has not expressly provided.
(2) To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the present Convention, the provisions of the present Convention shall prevail.
Article 25
When in accordance with the present Convention special rules are drawn up by agreement among all or some of the Contracting Governments, such rules shall be communicated to the Organization for circulation to all Contracting Governments.
Article 26
(1) The Contracting Governments undertake to communicate to and deposit with the Organization:
(
a ) a sufficient number of specimens of their certificates issued under the provisions of the present Convention for circulation to the Contracting Governments;(
b ) the text of the laws, decrees, orders, regulations and other instruments which shall have been promulgated on the various matters within the scope of the present Convention; and(
c ) a list of non-governmental agencies which are authorized to act in their behalf in the administration of load line matters for circulation to the Contracting Governments.
The Schedule—
(2) Each Contracting Government agrees to make its strength standards available to any other Contracting Government, upon request.
Article 27
(1) The present Convention shall remain open for signature for three months from 5 April 1966 and shall thereafter remain open for accession. Governments of States Members of the United Nations, or of any of the Specialized Agencies, or of the International Atomic Energy Agency, or parties to the Statute of the International Court of Justice may become parties to the Convention by:
(
a ) signature without reservation as to acceptance;(
b ) signature subject to acceptance followed by acceptance; or(
c ) accession.
(2) Acceptance or accession shall be effected by the deposit of an instrument of acceptance or accession with the Organization which shall inform all Governments that have signed the Convention or acceded to it of each new acceptance or accession and of the date of its deposit.
Article 28
(1) The present Convention shall come into force twelve months after the date on which not less than fifteen Governments of the States, including seven each with not less than one million gross tons of shipping, have signed without reservation as to acceptance or deposited instruments of acceptance or accession in accordance with Article 27. The Organization shall inform all Governments which have signed or acceded to the present Convention of the date on which it comes into force.
(2) For Governments which have deposited an
instrument of acceptance of or accession to the present Convention during the
twelve months mentioned in paragraph
(3) For Governments which have deposited an instrument of acceptance of or accession to the present Convention after the date on which it comes into force, the Convention shall come into force three months after the date of the deposit of such instrument.
(4) After the date on which all the measures
required to bring an amendment to the present Convention into force have been
completed, or all necessary acceptances are deemed to have been given under
sub-paragraph (
Article 29
(1) The present Convention may be amended upon the proposal of a Contracting Government by any of the procedures specified in this Article.
(2) Amendment by unanimous acceptance
(
a ) Upon the request of a Contracting Government, any amendment proposed by it to the present Convention shall be communicated by the Organization to all Contracting Governments for consideration with a view to unanimous acceptance.(
b ) Any such amendment shall enter into force twelve months after the date of its acceptance by all Contracting Governments unless an earlier date is agreed upon. A Contracting Government which does not communicate its acceptance or rejection of the amendment to the Organization within three years of its first communication by the latter shall be deemed to have accepted the amendment.(
c ) Any proposed amendment shall be deemed to be rejected if it is not accepted under sub-paragraph (b ) of the present paragraph within three years after it has been first communicated to all Contracting Governments by the Organization.
(3) Amendment after consideration in the Organization
(
a )Upon the request of a Contracting Government, any amendment proposed by it to the present Convention will be considered in the Organization. If adopted by a majority of two-thirds of those present and voting in the Maritime Safety Committee of the
However, for ships of 100 metres (328 feet) and under in length, the area between the parallel of latitude 50°N and the rhumb line from the east coast of Korea at latitude 38°N to the west coast of Hokkaido, Japan, at latitude 43°12’N is a Winter Seasonal Area.
Seasonal periods:
WINTER: 1 December to 28/29 February
SUMMER: 1 March to 30 November
Regulation 52
The part of the North Atlantic referred to in Regulation 40(6) (Annex I) comprises:
(
a ) that part of the North Atlantic Winter Seasonal Zone II which lies between the meridians of 15°W and 50°W;(
b ) the whole of the North Atlantic Winter Seasonal Zone I, the Shetland Islands to be considered as being on the boundary.
The Schedule—
INTERNATIONAL LOAD LINE CERTIFICATE (1966)
(Official seal)
Issued under the provisions of the International Convention on Load Lines, 1966, under the authority of the Government of
(full official designation of the country)
....................................................................................................................................................
(full official designation of the competent person or organization
by................................................................................................................................................
recognized under the provisions of the International Convention
...............................................................................................................................................
on Load Lines, 1966)
...............................................................................................................................................
Name of Ship | Distinctive Number or Letters | Port of Registry | Length (L) as defined in Article 2 (8) | ||||
Freeboard assigned as: | Type of ship | ||||||
|
| ||||||
|
| ||||||
| * |
| |||||
| |||||||
* Delete whatever is inapplicable.
Freeboard from deck line | Load line | |
Tropical |
|
|
Summer |
|
|
Winter |
|
|
Winter | ||
|
|
|
Timber tropical |
|
|
Timber summer |
|
|
Timber winter |
|
|
Timber winter | ||
|
|
|
Note: Freeboards and load lines which are not applicable need not be entered on the certificate.
Allowance for fresh water for all freeboards other than timber ……mm. (inches). For timber freeboards mm. (inches).
The Schedule—
The upper edge of the deck line from which these freeboards are measured is.......mm. (inches) ........deck at side.
Date of initial or periodical survey..................................
This is to certify that this ship has been surveyed and that the freeboards have been assigned and load lines shown above have been marked in accordance with the International Convention on Load Lines, 1966.
This certificate is valid until................................................................., subject to periodical inspections in accordance with Article 14 (l)(c) of the Convention.
Issued at.....................................................................................................................................................
(Place of issue of certificate)
.........................................19........ .........................................................................................
(Date of issue) (Signature of official issuing the certificate)
and/or
(Seal of issuing authority)
The undersigned declares that he is duly authorized by the said Government to issue this certificate.
.........................................................
(Signature)
Notes: 1. When a ship departs from a port situated on a river or inland waters, deeper loading shall be permitted corresponding to the weight of fuel and all other materials required for consumption between the point of departure and the sea.
2. When a ship is in fresh water of unit density the appropriate load line may be submerged by the amount of the fresh water allowance shown above. Where the density is other than unity, an allowance shall be made proportional to the difference between 1.025 and the actual density.
This is to certify that at a periodical inspection required by
Article 14(1) (
Place......................................................................... | Date............................................................ |
Signature and/or Seal of issuing authority. | |
Place......................................................................... | Date........................................................... |
Signature and/or Seal of issuing authority. | |
Place.......................................................................... | Date........................................................... |
Signature and/or Seal of issuing authority. | |
Place......................................................................... | Date............................................................ |
Signature and/or Seal of issuing authority. |
The provisions of the Convention being fully complied with by this ship, the validity of this certificate is, in accordance with Article 19(2) of the Convention, extended until.............................................................
Place............................................................. | Date......................................................... |
Signature and/or Seal of issuing authority.
The Schedule—
INTERNATIONAL LOAD LINE EXEMPTION CERTIFICATE
(Official seal)
Issued under the provisions of the International Convention on Load Lines, 1966, under the authority of the Government of
full official designation of the country)
..............................................................................................................................
(full official designation of the competent person or organization
by................................................................................................................................................................
recognized under the provisions of the International Convention
................................................................................................................................................................
on Load Lines, 1966)
................................................................................................................................................................
Name of Ship | Distinctive Number or Letters | Port of Registry |
This is to certify that the above-mentioned ship is exempted from the provisions of the 1966 Convention, under the authority conferred by Article 6(2)/Article 6(4)* of the Convention referred to above.
The provisions of the Convention from which the ship is exempted under Article 6 (2) are:
................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
* Delete whichever is inapplicable.
The voyage for which exemption is granted under Article 6 (4) is:
From: .........................................................................................................................................................
To: ............................................................................................................................................................
Conditions, if any, on which the exemption is granted under either Article 6 (2) or Article 6 (4):
…………………………………………………………………………………………………………………………………………………………………………………………………………………………
This
certificate is valid until.................................................................................................subject,
where appropriate, to periodical inspections in accordance with Article 14 (1)
(
Issued at..............................................................................................................................................
(Place of issue of certificate)
.................................................19….. …........................................................................................
(Date of issue) (Signature of official issuing the certificate)
and/or
(Seal of issuing authority)
The undersigned declares that he is duly authorized by the said Government to issue this certificate.
..................................................................................
(Signature)
The Schedule—
This is to certify that this ship continues to comply with the conditions under which this exemption was granted.
Place.................................................................. | Date................................................. |
| |
Place................................................................. | Date................................................. |
| |
Place.................................................................. | Date................................................. |
| |
Place................................................................. | Date................................................. |
|
This ship continues to comply with the
conditions under which this exemption was granted and the validity of this
certificate is, in accordance with Article 19(4)(
Place................................................................. | Date................................................. |
Signature and/or Seal of issuing authority.”.
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0
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