MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 25 Duty of owners of commercially operated vessels to ensure safety of vessels, marine safety equipment and operations

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 25

    (1)     An owner of a commercially operated vessel must, so far as is reasonably practicable, ensure the safety of—

        (a)     vessel design and supply activities carried out by the owner or supplied to the owner;

        (b)     marine safety equipment design and construction activities carried out by the owner or supplied to the owner;

        (c)     vessel operations carried out by the owner or supplied to the owner.

Penalty:     In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

    (2)     Without limiting subsection (1), an owner of a commercially operated vessel contravenes that subsection if the owner fails to do any of the following—

        (a)     provide or maintain a commercially operated vessel or marine safety equipment that is, so far as is reasonably practicable, safe;

        (b)     implement and maintain a safety management system that ensures that vessel operations are so far as is reasonably practicable, safe;

        (c)     provide, so far as is reasonably practicable, such—

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              (i)     information, instruction, training or supervision to marine safety workers as is necessary to enable those workers to perform their marine safety work in a way that is safe; and

              (ii)     information to persons on board a commercially operated vessel (other than marine safety workers) as is necessary to enable those persons to ensure their safety.

    (3)     Without limiting subsection (1), an owner of a commercially operated vessel contravenes that subsection if—

        (a)     the owner operates, or causes or allows to be operated, the commercially operated vessel and that vessel is an unsafe vessel;

        (b)     the commercially operated vessel is, while in State waters, so loaded that the load line of the vessel is submerged.

    (4)     An offence against subsection (1) is an indictable offence.

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