South African Maritime Safety Authority Marine Notice
P&I Associates, our correspondents in Durban, has provided us with the following information.
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I received marine notice no 10 of 2016 from SAMSA yesterday and the notice is in respect of vessels that require immobilization, laying up, stopping or anchoring for repairs within the territorial waters of South Africa.
South Africa has always adopted a positive approach when it comes to vessels that have been immobilized due to an event on board or vessels that have had to stop or anchor in order to carry out repairs provided the owner of the vessel makes a prompt application to SAMSA providing full disclosure behind the purpose of the stop. There are several safe anchorages along the South African coast where one can lay-up a vessel depending on the wind and swell which is seasonal.
The attached Marine Notice sets out the requirements which vessels need to follow in South Africa.
I would like to draw your attention to the following points:
4 Reaffirms South Africa’s positive approach to vessels in distress.
4.2 If a vessel is immobilized, SAMSA can order that a tug, of sufficient bollard pull, to be on standby for the duration of the stoppage.
5 SAMSA can order any additional measures that they deem reasonable and necessary for the purpose of minimizing the risk to the country and its environment.
8.7 With regard to lay-ups, the vessel is to remain properly insured at all times. You will note that P&I Associates, as your correspondent, is required to confirm that the laid up vessel is covered for port risks, e.g. oil pollution, wreck removal, salvage costs etc. and other emergency activation costs (emergency crew, implementation actions etc.)
8.9 The owner of the vessel is required to provide SAMSA with a lay-up declaration from the vessels classification society, which has to be renewed every 6 months.
8.10 The initial lay-up period is only 6 months but an extension can be sought
8.11 This section deals with the conditions for the lay-up.
11 Provides that an authorised person shall have access to the ship and may inspect its cargo, machinery, stores etc. They do not define who is an “authorised person” but in my view, this would cover a SAMSA surveyor, customs officer, immigration officer, and the Police/SA Navy (and all people authorised by the owner of the vessel e.g. P&I, class etc).
13 Security of the vessel must be maintained at all time.
16 This point deals with the re-commissioning of the vessel and the required notices which are required to be sent to authorities.
17 This point reminds owners/master of the requirements of the Marine Traffic Act and the Marine Traffic Regulations and the penalties which can be handed down for breaching the Act and Regulations. These penalties can be a fine or imprisonment.
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