GHANA SHIPPING ACT - 2003 (ACT 645)

    • (1) No ship shall trade in or from Ghanaian waters unless the ship

      (a) is a Ghanaian ship; or

      (b) possesses a certificate of foreign registry or similar document.

      (2) Subject to any treaty or agreement with any foreign Government, only Ghanaian ships may engage in local trade in Ghanaian waters.

      (3) A person not qualified to own a Ghanaian ship as specified in section 2 shall not engage in any charter or otherwise engage any Ghanaian ship for local trade in Ghanaian waters except in accordance with such conditions as the Board of the Ghana Maritime Authority may in writing direct.

      (4) A Ghanaian ship trading in any waters in Ghana and a ship trading in or from Ghanaian waters shall provide evidence of financial responsibility against risks of damage to third parties in such form as the Board of the Ghana Maritime Authority may in writing direct.

      (5) Where the master, owner or agent of a ship contravenes subsections (1), (2) or (4) or where any person contravenes subsection (3) the master, owner, agent or that person commits an offence and is liable on summary conviction to a fine not exceeding the cedi equivalent of $1 million and the ship shall be detained until the fine is paid.

    • Except otherwise provided by any other enactment, a ship is not a Ghanaian ship unless the ship is owned by

      (a) a citizen of Ghana;

      (b) a body corporate registered under the Companies Code, 1963 (Act 179);

      (c) a partnership registered under the Incorporated Partnership Act, 1962 (Act 152);

      (d) a foreign individual or a foreign company in registered joint venture relationship with a Ghanaian national or company; and

      (e) any of the persons specified in paragraphs (a), (b) or (c) who charters ships on bare boat charter.

    • (1) A ship owned by any of the persons described in paragraphs (a), (b), (c) and (e) of section 2 shall be registered in Ghana unless

      (a) the ship is licensed to operate solely within Ghanaian waters, or

      (b) the ship is exempt from being licensed under section 40.

      (2) A foreign ship owned by a person or a body corporate in registered joint venture relationship with a Ghanaian may be registered in Ghana.

      (3) A Ghanaian Government ship shall be registered in one of the register books provided for under section 13 of this Act.

      (4) The Director-General may detain any ship wholly owned by persons qualified to own a registered or licensed Ghanaian ship where the master of the ship fails to produce the certificate of registry or any licence on demand until that evidence is produced.

      (5) A ship required to be registered under this Act shall not be recognised as a Ghanaian ship and shall not be entitled to rights and privileges accorded a Ghanaian ship unless it is registered.

      (6) Where the Director-General has any doubt as to the qualification of any ship registered under this Part the Director-General may direct the Registrar of ships to demand that evidence be produced to the satisfaction of the Director-General within such time as the Director-General may specify that the ship is qualified to be registered.

      (7) Where the Director-General specifies a time limit within which satisfactory evidence of qualification has to be given to the Registrar and it is not given the ship shall be de-registered.

      (8) The Minister may make Regulations on matters relating to the obligation to register ships.

    • (1) Application for the registration of a ship shall be made to the Registrar of Ships,

      (a) in the case of an individual, by the person requiring to be registered as owner or agent;

      (b) in the case of a number of persons by one or more of the persons or their agent; and

      (c) in the case of a body corporate by the body corporate or its agent.

      (2) The Registrar shall demand satisfactory proof of ownership before registration.

    • (1) A person shall not be registered as the owner of a Ghanaian ship or of a share in it unless that person or in the case of a body corporate the person authorised by the body corporate under section 4(1) to make the application on its behalf has made a declaration of ownership in the prescribed form.

      (2) The declaration shall be accompanied with a certificate of survey for the ship and shall include the following particulars of the applicant and the ship:

      (a) the full name and address of the applicant;

      (b) national status or in the case of a body corporate a statement of the constitution and business interests as proof of its qualification to own a Ghanaian ship;

      (c) a statement of the time when and the place where the ship was built or if the ship was built outside Ghana and the time and place of building is not known, a statement to that effect; and in addition in the case of a ship previously registered outside Ghana a statement of the name by which it was registered;

      (d) the number of shares in the ship in respect of which the person or the body corporate is entitled to be registered as owner; and

      (e) a statement that to the best of the knowledge and belief of the applicant no unqualified person has any legal or beneficial interest in the ship or any share in it.

      (2) For the purposes of this section, "beneficial interest" has the meaning assigned to it by section 79 of this Act.

    • (1) A person shall not undertake in Ghana the building of a ship unless that person has been granted a licence to do so by the Minister for Industries in consultation with the Minister and the Minister for Agriculture where the ship is a fishing vessel.

      (2) The design for the building of a ship shall be subject to the approval of the Minister or the body charged by law with the responsibility.

      (3) The building of any ship in Ghana shall be supervised by a surveyor employed by the person who commissioned the building of the ship and it shall be the duty of the employer to submit periodic progress reports of the work on the ship to the Minister.

      (4) A person shall not sell or offer for sale, whether within or outside Ghana, any new ship built in Ghana unless there has been issued in respect of that ship a Certificate of Seaworthiness by the Minister in such form as may be prescribed.

      (5) The Minister may in consultation with the Board of the Ghana Maritime Authority make Regulations prescribing the

      (a) standards and specifications for the design and construction of different types of ships; and

      (b) forms of application, licence and Certificate of Seaworthiness described in this section.

      (6) The owner, operator and master of a ship built or sold in contravention of subsections (1), (2), (3), or (4) commit an offence and each is liable on summary conviction to a fine not exceeding 500 penalty units and in addition the court may order the forfeiture of the ship in respect of which the offence was committed.

    • (1) A person shall not

      (a) without the prior approval in writing granted by the Minister in accordance with the recommendation of the Authority import any ship; or

      (b) import into the country any ship

      (i) in the case of a trawler which is more than ten years; or

      (ii) in the case of a tuna fishing vessel or any other vessel which is more than fifteen years

      from the date of construction except that a trawler of not more than fifteen years or a tuna vessel or any other vessel of not more than eighteen years from the date of construction may be imported subject to the acceptance by the Minister in consultation with the Ghana Maritime Authority and on the advice of the Board of a survey, report of seaworthiness issued by a recognised international classification authority.

      (3) The importer of a ship shall pay such fees and costs as may be determined by the Board, including the cost of any inspection which may be required pursuant to subsection (1) (b).

      (4) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of the cedi equivalent of not less than $10,000 and not exceeding $100,000 or to a term of imprisonment not exceeding 2 years or to both, and in addition the court may order the forfeiture of the vessel in respect of which the offence was committed.

    • The registration of a ship shall be cancelled by the Registrar if at anytime the ship

      (a) is found to be also registered in another country; or

      (b) ceases to qualify for registration as a Ghanaian ship under section 2 of this Act; or

      (c) is considered by the Registrar to have been lost or broken up.

    • No ship shall be deregistered without the consent in writing of all registered mortgagees of the ship.

    • (1) The ports of Takoradi and Tema are the Ports of Registry for the registration of Ghanaian ships.

      (2) The Authority may by notice published in the Gazette declare any other port of Ghana as a Port of Registry.

    • (1) The Registrar of ships shall keep such register books as may be necessary for the purposes of this Act including a register book for

      (a) merchant ships;

      (b) fishing vessels; and

      (c) ships under construction.

      (2) Entries in the registers shall be made in accordance with the following conditions:

      (a) the property in a ship shall be divided into sixty-four shares;

      (b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than sixty-four individuals shall be entitled to be registered at the same time as owners of any one ship, except that this provision does not affect the beneficial title of any number of persons or of any company represented by or claiming under or through any registered owner or joint owner;

      (c) a person is not entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share in it;

      (d) joint owners shall be considered as constituting one person only for registration and are not entitled to dispose separately of any interest in a ship, or in any share in it for which they are registered; and

      (e) a body corporate may be registered as owner by its corporate name.

      (3) Upon the completion of the preliminary requirements for the registration of a ship, the Registrar shall enter in the appropriate register the following particulars of the ship:

      (a) the present name of the ship and the previous name and registry, if any;

      (b) the details contained in the certificate of survey;

      (c) the particulars in respect of its origin stated in the declaration of ownership;

      (d) the name, address, occupation and nationality of its owner and where there is more than one owner the percentage of shares held by each owner;

      (e) the port of registry or home port and the official number or identity mark;

      (f) the international call sign of the ship, where one is assigned;

      (g) the name of the builder, place and year of the building of the ship;

      (h) the description of the main technical characteristics of the ship; and

      (i) the details of any mortgages.

      (4) The Registrar shall not register a ship purchased or otherwise acquired from a foreigner or a corporate body where a bill of sale or other document by which the ship became vested in the applicant for registration contains express, implied or constructive provisions restricting the use of the vessel or imputing a measure of continued control by the government of a foreign country.

      (5) Individual owners, joint owners and corporate bodies that have been recorded in the register book as owners shall be regarded as owners of the ship or any part of her;

      (6) The Registrar shall keep a record in a manner approved by the Director-General of

      (a) the date of deletion or suspension of the previous registration of a ship; and

      (b) the name, address, nationality and other details as appropriate of a ship owner who is qualified under section 2.

    • (1) A merchant ship registered in the register for merchant ships shall have a name but no two or more merchant ships shall bear the same name.

      (2) A Ghanaian ship shall not be described by any name other than that by which it is registered.

      (3) The Registrar may refuse to register a ship by the name she is proposed to be registered, if that name is already the name of a registered Ghanaian ship, a name which is similar to a ship already registered or is a name likely to deceive or offend the public.

      (4) Where the Registrar refuses to register a ship by a proposed name, the Registrar shall direct the applicant to make such rectification as the Registrar considers necessary and the Registrar shall not register the ship under the proposed name, until the directives have been complied with.

    • A merchant ship or fishing vessel which is equipped either with a wireless radio transmitting station or with a radio telephone installation shall also possess an internationally registered code designation, in the form of international call letters or numbers as appropriate to the flag state of registration and assigned to the ship.

    • A ship under construction may be entered in the register book for ships under construction from the date of the signing of the contract for construction until the ship is placed on another register after its completion.

    • (1) The Minister may make Regulations in this Act referred to as "Tonnage Regulations"

      (a) to provide for method for ascertaining the tonnage of a ship;

      (b) to make different provisions for different descriptions of ships or for the same descriptions of ships in different circumstances; and

      (c) to prohibit or restrict the carriage of goods or stores in spaces not included in the assessment of the net tonnage of a ship.

      (2) The Minister shall in making the Tonnage Regulations incorporate the International Convention on Tonnage Measurement of Ships, 1969 including any amendments to it.

    • (1) Where the tonnage of a ship has been ascertained in accordance with the Tonnage Regulations, that tonnage shall be registered as the tonnage of that ship.

      (2) The tonnage of a ship once ascertained shall be entered in every subsequent registration of that ship unless

      (a) an alteration is made in the size or capacity of the ship, or

      (b) it is discovered that the tonnage of the ship has been erroneously determined, and in each case the ship shall be remeasured and her tonnage ascertained and registered in accordance with the Tonnage Regulations.

    • (1) A surveyor may accept and use any figures or measurement contained in the latest register where the ship is registered as a foreign ship, or in the case of an unregistered ship in the latest Certificate of Survey relating to that ship.

      (2) A surveyor shall be satisfied that there have been no changes of measurement since the making of the register or certificate which the surveyor proposes to use and where any changes have been made, the surveyor shall remeasure the ship to the extent of the changes.

    • (1) The Authority may appoint duly qualified surveyors within or outside Ghana to survey and measure ships.

      (2) The Authority may nominate within or outside Ghana a classification society.

      (3) A classification society so nominated may appoint competent persons to survey and measure ships subject to such conditions as the Authority may determine.

    • The Minister may make Regulations relating to

      (a) the grant of a new Certificate of Registry;

      (b) the loss and replacement of Certificate of Registry;

      (c) the endorsement of a change of ownership on a Certificate of Registry; and

      (d) the delivery up of the Certificate of Registry of a ship that is lost, broken up or has ceased to be a Ghanaian ship.

    • Where the master or owner of a Ghanaian ship uses or attempts to use for navigation a Certificate of Registry not legally granted, he commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding 3 years or to both and the ship may also be forfeited to the State.

    • (1) Where the Director-General considers that in any special circumstances it is desirable that permission be granted to a ship which is not registered to pass from a port in Ghana to another port within or outside Ghana the Director-General may in a case where the ship belongs to a country whose law permits the issue of a temporary pass to a Ghanaian ship, direct the Registrar to grant a pass.

      (2) The pass granted shall have the same effect as a Certificate of Registry within the geographical limits.

    • (1) Where a Ghanaian ship is altered so as not to correspond with the particulars relating to tonnage, notification of the alteration shall be given within 30 days of the alteration to the Registrar.

      (2) The notice to the Registrar shall be accompanied by a Certificate of Survey specifying the particulars of the alteration.

      (3) The Registrar shall upon receipt of a notice of alteration under subsection (1) cause the alteration to be registered or direct that the ship be registered anew.

      (4) The Registrar may suspend the Certificate of Registry of the ship where there is a failure to comply with the requirements specified in subsections (1), (2) or (3) of this section.

      (5) The owner of a ship commits an offence where there is default in registering anew a ship that has been altered and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both and in addition is liable to a fine of 100 penalty units for each day during which the offence continues after the conviction.

    • The Registrar may, on an application by the owner of a Ghanaian registered ship direct that a new registration be made where the ownership has changed.

    • (1) Where a ship is to be registered anew, the Registrar shall proceed as in the case of a first registration and on the delivery to the Registrar of the existing certificate of registration and in compliance with the other requirement for registration, or in the case of a change of ownership in compliance with such of the requirements as the Registrar thinks material, the Registrar shall re-register the ship, and grant it a Certificate of Registry.

      (2) When a ship is registered anew, her former registration shall be considered as closed, except so far as relates to any unsatisfied mortgage entered into, but the names of all persons formally registered as owners or mortgagees shall be entered on the new register, and the new registration shall not in any way affect the rights of any of those persons.

    • Where a Ghanaian registered ship has prior to an application for its registration been wrecked or abandoned or captured by an enemy or for any other reason been transferred to a person not qualified to own a Ghanaian ship the ship shall not be re-registered until the ship has, at the expense of the applicant for registration been surveyed by a surveyor and certified by the surveyor to be seaworthy.

    • (1) A Ghanaian ship under twenty-four metres in length or fifteen tonnes in weight and every vessel of whatever length or weight trading or operating solely within the inland waters of Ghana shall instead of being registered be licensed.

      (2) The following ships are exempt from licensing

      (a) pleasure craft of less than five metres in length not equipped with propulsion machinery;

      (b) pleasure craft of less than three metres in length equipped with propulsion machinery of not more than 3.75 kilowatts; and

      (c) ships registered under this Act.

      (3) The Authority may in writing exempt, either generally or specifically, ships from compliance with subsection (1) on such conditions as the Board of the Authority may determine.

    • (1) A ship shall not be licensed in Ghana unless it is owned wholly by persons referred to in section 2 of this Act.

      (2) Not more than eight persons may be recorded as joint owners of a licensed Ghanaian ship.

      (3) A licensed Ghanaian ship, shall within 7 days, or such further period as may be allowed by the Director-General after a change of ownership, notify the Registrar in writing of the change.

      (4) Where the owner of a licensed Ghanaian ship fails to comply with subsection (3), the licence of the ship shall be cancelled.

      (5) The Authority may by notice published in the Gazette generally or specifically exempt a class of ships required to be licensed from licensing while operating outside Ghanaian waters.

    • The Minister may make Regulations regarding the licensing of Ghanaian ships, and in particular for

      (a) the manning, life-saving, safety, pollution prevention and fire-fighting equipment of such ships;

      (b) the examination and certification of officers, skippers, mechanics and deck hands;

      (c) surveys and inspections;

      (d) the appointment of surveyors;

      (e) the keeping of records;

      (f) fees;

      (g) discipline on board; and

      (h) operating permits.

    • (1) A registered ship or a share in it when disposed of to a person qualified to own a Ghanaian ship shall be transferred by a bill of sale.

      (2) The bill of sale shall contain the description of the ship as is contained in the Certificate of Survey.

      (3) The bill of sale shall be in the form prescribed in Regulations made under this Act or in any other form acceptable to the Authority and shall be executed by the transferor in the presence of, and attested by, a witness.

    • (1) Where a registered ship or a share in it is transferred, the transferee shall not be entitled to be registered as owner until the transferee, or, in the case of a body corporate, the person authorized by this Act to make declarations on behalf of the body corporate has made and signed a declaration that refers to the ship and contains a statement of the qualifications of the transferee to own a Ghanaian ship.

      (2) Where the transferee is a body corporate, the nature of its business shall be a condition for it to be qualified to own a Ghanaian ship.

    • (1) A bill of sale for the transfer of a registered ship or a share in it when duly executed, shall be produced to the Registrar at the port of registry of the ship with the declaration of transfer.

      (2) The Registrar shall, upon the production of the bill, enter in the relevant register the name of the transferee as owner of the ship or the share, and the Registrar shall endorse on the bill of sale the fact of that entry having been made, with the day and hour of the entry.

      (3) A bill of sale of a ship or a share in it shall be entered in the register book in the order of their production to the Registrar.

    • (1) Where a registered ship or a share in it is transmitted to a person qualified to own a Ghanaian ship on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this Act, that person shall authenticate the transmission by signing a "declaration", in this Part referred to as a "declaration of transmission", identifying the ship and containing the several statements required to be contained in a declaration of transfer, or as near as possible as circumstances permit.

      (2) There shall also be provided a statement of the manner in which and the person to whom the property has been transmitted.

      (3) Where the transmission is consequent upon insolvency, the declaration of transmission shall be accompanied with evidence admissible in a court as proof of the title of persons claiming under insolvency.

      (4) Where the transmission is consequent upon death, the declaration of transfer shall be accompanied by the instrument of representation or an official extract from it.

      (5) The Registrar shall on receipt of the declaration of transmission, enter in the register book the name of the person entitled under the transmission as owner of the ship or of the share of the ship which has been transmitted.

      (6) Where there is more than one person the Registrar shall enter the names of all those persons, except that for the purposes of this Part the number of persons entitled to be registered as owners shall be considered as one person.

    • (1) Where a Ghanaian ship or a share in it is transmitted on death, insolvency or otherwise to a person not qualified to own a Ghanaian ship, the High Court may, on application made by or on behalf of the Unqualified person, order a sale of the ship and direct that the proceeds of the sale, after deducting the expenses involved, be paid to the person entitled under the transmission or otherwise as the Court may direct.

      (2) The Court may require such evidence as it considers necessary in support of the application, and may make an order on terms and conditions it thinks just, and may generally act in the case as the justice of the case requires.

      (3) An application for sale shall be made within 30 days after the occurrence of the event on which the transfer has taken place, or within such further time, not exceeding in the aggregate of one year from the date of the occurrence of the event, as the Court may allow.

      (4) Where an application is not made within the time specified in this section or where the Court refuses an order for sale, the ship or the share transmitted shall thereupon be subject to forfeiture under this Act.

    • Where the High Court orders the sale of a ship or any share in it whether under this Act or any other law the order of the Court shall contain a declaration vesting in a person named by the Court the right to transfer that ship or share; and the person named shall be entitled to transfer the ship or the share as if he were the registered owner of it.

    • (1) The High Court may on the application by any interested person make an order prohibiting for a time specified in the order, any dealing with a ship or a share in it.

      (2) The Court may make the order on any terms or conditions it thinks just and may generally act in the case as the justice of the case requires; and the Registrar, without being made a party to the proceedings, shall on being served with an order or an official copy of the order obey the order.

    • (1) Where a ship is provisionally registered, a mortgage executed outside Ghana may be produced to a consular officer who shall notify the Registrar of the production of the mortgage.

      (2) The Registrar shall, as soon as possible record the names of the parties and the amount secured on the mortgage.

      (3) Where the Registrar has received notice of a provisional registration of a ship and of the production of a mortgage relating to the ship, the mortgage shall be considered as registered and its priority shall be preserved from the time of receipt by the Registrar of the notice of the mortgage.

      (4) The Registrar shall make an appropriate entry in the relevant register book from the time of receipt of the mortgage, or from the time of the receipt of the notice of mortgage, whichever first occurs.

      (5) The provisions of subsections (3) and (4) of section 50 shall apply to mortgages under this section as they apply to mortgages under that section, except that the day and hour of record shall not derogate from any priority preserved under subsections (3) and (4) of this section.

      (6) On the final registration of a ship provisionally registered under this section the priority of any mortgage recorded under this section shall be preserved notwithstanding that the provisional registration may have ceased to have effect before the final registration.

    • (1) Where a registered mortgage is discharged, the Registrar shall, on the production of the mortgage with a receipt for the mortgage money endorsed and attested, make an entry in the relevant register to the effect that the mortgage has been discharged.

      (2) On that entry being made, the interest, if any, which passed to the mortgagee shall vest in the person in whom, having regard to intervening acts and circumstances, if any, the interest would have vested if the mortgage had not been made.

    • Where there is more than one mortgage registered in respect of the same ship or share in it, the mortgagees shall, notwithstanding any express, implied or constructive notice, be entitled in priority one over the other, according to the date on which each mortgage is recorded in the register and not according to the date of each mortgage itself.

    • A mortgagee shall not, by reason of the mortgage, be considered the owner of a ship or a share in it, nor shall the mortgagor cease to be the owner except as may be necessary for making a mortgaged ship or a share in it available as a security for the mortgaged debt.

    • (1) A registered mortgagee has power to dispose of the ship or a share in it in respect of which the mortgagee is registered and to give effective receipt for the purchase money.

      (2) Where more than one person is registered as mortgagee of the same ship or a share in it, a subsequent mortgagee shall not, except under the order of the High Court, sell the ship or the share, without the concurrence of every prior mortgagee.

      (3) A mortgagee referred to in sub-sections (1) and (2) is entitled to enforce the mortgage by an action in rem in admiralty whenever any sum secured by the mortgage is unpaid when due, in accordance with the terms of any deed or instrument collateral to the mortgage.

      (4) A registered mortgagee of a Ghana Government ship shall not without first obtaining an order from the High Court dispose of the ship or any share in it in respect of which the mortgagee registered and give receipts for the purchase money.

    • A registered mortgage of a ship or a share in it shall not be affected by any bankruptcy of the mortgagor and the mortgage shall be preferred to any right, claim or interest of the other creditors of the mortgagor or any trustee or assignee on their behalf.

    • (1) A registered mortgage of a ship or share in it may be transferred to any person.

      (2) The instrument effecting the transfer shall be in a form prescribed in Regulations made under this Act.

      (3) The Registrar shall on the production of the instrument record it by entering in the relevant register the name of the transferee as mortgagee of the ship or a share in it, and shall, by a signed memorandum, testify on the instrument of transfer that it has been recorded by the Registrar and state the day and hour of the record.

    • (1) Where the interest of a mortgagee in a ship or share in it is transmitted on death, bankruptcy, or by any lawful means other than by a transfer under this Act, the transmission shall be limited to the person to whom the interest is transmitted.

      (2) The transmission shall contain a statement of the manner in which, and the person to whom, the property has been transmitted, and shall be accompanied by evidence as is required by this Part in the case of a transmission of the ownership of a ship or a share in it.

      (3) The Registrar, shall on the receipt of the declaration and the production of the evidence specified in this Part enter the name of the person entitled under the transfer in the register as the mortgagee of the ship or a share in it.

    • (1) Where a registered owner of a Ghanaian ship or a share in it, desires to dispose of the ship or the share in it by sale or mortgage at any place out of Ghana, the registered owner may make application, by declaration in writing , to the Registrar.

      (2) The application shall contain the following particulars:

      (a) the name and address of the person by whom the power mentioned in the certificate is to be exercised, together with

      (i) in the case of a sale, the minimum price at which a sale is to be made if it is intended to fix any such minimum; or

      (ii) in the case of a mortgage, the maximum amount, if it is intended to fix any such maximum;

      (b) the place where the power is to be exercised, or, if no place is specified, a declaration that the power may be exercised anywhere as may be specified; and

      (c) the time limit within which the power may be exercised.

      (3) Subject to section 60(1), in the case of an application to dispose of a ship by way of sale the Registrar shall enable the applicant to dispose of the ship or the share in the manner required in accordance with subsection (4).

      (4) On receipt of an application made under this section, the Registrar shall enter in the register book a statement of the particulars set out in the application, and shall grant to the applicant a Certificate of Sale or a Certificate of Mortgage, as the case may require.

      (5) A certificate of sale and a certificate of mortgage of a ship shall

      (a) be in the prescribed form;

      (b) not authorise any sale or mortgage to be made in Ghana or by any person not named in the certificate; and

      (c) contain a statement of the particulars set out in the application and also a statement of any registered mortgages or sale and the relevant certificates issued.

    • (1) A certificate of sale shall not be granted except for the sale of an entire ship; and the certificate shall not be granted under this Part, except upon the application made by declaration in writing of all persons who appear who appear on the relevant register to be interested in the ship as owners or mortgagees.

      (2) The power conferred by the certificate shall be exercised in conformity with the directions contained in it.

      (3) An agreement for sale entered into in good faith in the exercise of the power conferred by the certificate to a purchaser for valuable consideration shall not be invalidated by reason of the person by whom the power was given dying at any time between the giving of the power and the completion of the sale.

      (4) Whenever such a certificate contains a specification of the place at which, and a time limit not exceeding twelve months within which the power is to be exercised, a sale made in good faith to a purchaser for valuable consideration without notice shall not be invalidated by reason of the bankruptcy or insolvency of the person by whom the power was given.

    • The following rules shall be observed as to a certificate of mortgage:

      (a) the power conferred by the certificate shall be exercised in conformity with the directions contained in the certificate;

      (b) every mortgage executed under the certificate shall be registered by the endorsement of a record on the certificate by the proper officer at the place where the mortgage is executed;

      (c) a mortgage executed in good faith under it shall not be invalidated by reason of the person by whom the power was given dying at any time between the giving of the power and execution of the mortgage;

      (d) if the certificate contains a specification of the place where and a time limit, not exceeding twelve months, within which the power is to be exercised, a mortgage executed in good faith to a mortgagee without notice shall not be invalidated by reason of the bankruptcy or insolvency of the person by whom the power was given;

      (e) a mortgage which is registered on the certificate shall have priority over all mortgages of the same ship or a share created subsequent to the date of the entry of the certificate in the relevant register;

      (f) where there is more than one mortgage registered in respect of a ship the respective mortgagees claiming under them shall notwithstanding any express implied or constructive notice, be entitled to priority according to the date and time that each mortgage is registered on the certificate, and not according to the date of the mortgage;

      (g) subject to the preceding rules, a mortgagee whose mortgage is registered on the certificate shall have the same rights and powers, and be subject to the same liabilities, as he would have had if his mortgage had been registered in the register book instead of on the certificate.

      (h) the discharge of a mortgage registered on the certificate may be endorsed on the certificate by the Registrar or a proper officer on the production of such evidence as is required by this Act to be produced to the Registrar for the entry of the discharge of a mortgage in the relevant register;

      (i) on the endorsement on the certificate being made the interest which passed to the mortgagee shall vest in the same person in whom it would have vested if the mortgage had not been made having regard to the intervening acts and circumstances; and

      (j) on the delivery of any certificate of mortgage to the Registrar he shall after recording it in the register book in such manner as to preserve the priority of any unsatisfied mortgage registered in the register book, cancel the certificate and enter the fact of the cancellation in the register.

    • Upon proof at any time to the satisfaction of the Registrar that a certificate of sale or mortgage is lost or destroyed, or is so damaged as to be useless and that the powers given have never been exercised, or, if they have been exercised, then, upon proof of the several matters and things that have been done under it, the Registrar may either issue a new certificate or direct such entries to be made in the register book, or such other things to be done, as might have been been made or done if the loss, destruction or damage had not occurred.

    • (1) The owner of a Ghanaian ship, or a share in it in respect of which a certificate of sale or mortgage has been granted may by an instrument signed by him authorise the Registrar to give notice to every officer that the certificate is revoked.

      (2) Notice shall accordingly be given and be recorded by the authorised officer receiving it.

      (3) After the notice has been recorded by the proper officer

      (a) the certificate shall be considered to be revoked in respect of any sale or mortgage made at that place;

      (b) the notice shall be produced to any person who applies for the purpose of effecting or obtaining a transfer or mortgage under the certificate; and

      (c) an authorised officer shall inform the Registrar by whom the certificate was granted whether any previous exercise of the power to which the certificate refers has taken place.

    • Subject to section 74(5) and (6) the maritime liens set out in section 66 shall take priority over registered mortgages which comply with the following conditions;

      (a) the mortgages have been effected and registered in accordance with the laws of the country in which the vessel is registered;

      (b) the register and any instruments required to be deposited with the Registrar in accordance with the law of the country in which the vessel is registered is open to public inspection and extracts from the register and copies of any such instruments can be obtained from the Registrar;

      (c) where the register or any instrument referred to in paragraph (b) specifies at least the name and address of the person in whose favour the mortgage has been effected or that it has been issued to the bearer and the maximum amount secured, if that is the requirement of the law of the country of registration;

      (d) the maximum amount secured is specified in the instrument creating the mortgage and the date and other particulars which, according to the law of the country of registration, determine the ranking in relation to other registered mortgages are stated.

    • (1) The maritime liens set out in section 66 shall rank in the order listed, except that maritime liens securing claims for cost of salvage of the vessel shall take priority over all other maritime liens which have been attached to the vessel prior to the time when the operations giving rise to the said liens were performed.

      (2) The maritime liens set out in paragraphs (a), (b), (d) and (e) of section 66 shall rank in pari passu as among themselves.

      (3) Maritime liens to secure claims for the cost of salvage of a vessel shall rank in the inverse order of the time when the claim secured accrued. Such claims shall be considered to have accrued on the date on which each salvage operation was terminated.

    • Where a preferential right arises, pursuant to any law relating to bankruptcy or insolvency, in respect of a ship in the possession of

      (a) a ship builder in order to secure claims for the building of the ship; or

      (b) a ship repairer in order to secure claims for the repair of the ship,

      the right shall be postponed to all the maritime liens set out in section 66 but may take precedence over any mortgage or other preferential right registered under this Part so long as the ship is in the possession of the ship builder or ship repairer.

    • Subject to section 68 maritime liens follow the vessel notwithstanding any change of ownership or of registration or flag.

    • No maritime lien shall be attached to a vessel to secure claims set out in paragraphs (b) or (e) of section 66 which arises from

      (a) damage in connection with the carriage of oil or other hazardous or noxious substances by sea for which compensation is payable to the claimants under international conventions or under the laws of Ghana which provide for strict liability and compulsory insurance or other means of securing the claims; or

      (b) the radioactive properties or a combination of radioactive properties with toxic, explosives or other hazardous properties of nuclear fuel or radioactive products or waste.

    • (1) Prior to a forced sale of a vessel in Ghana, the Authority shall ensure that notice in accordance with this Act is served on

      (a) the authority in charge of the register of the state of registration;

      (b) holders of registered mortgages, which have not been issued to bearer;

      (c) holders of registered mortgages issued to bearer and all holders of maritime liens; and

      (d) the registered owner of the vessel.

      (2) The notice shall be given at least 30 days prior to the forced sale and shall contain

      (a) the time and place of the forced sale and such particulars concerning the forced sale or the proceedings leading to the forced sale as the Authority shall determine as being sufficient to protect the interest of the persons entitled to notice; or

      (b) where the time and place of the forced sale cannot be determined with certainty, the appropriate time and anticipated place of the forced sale and the particulars concerning the forced sale as the authority conducting the proceedings shall determine as being sufficient to protect the interests of persons entitled to notice.

      (3) Where notice is given in accordance with subparagraph (b), additional notice of the actual time and place of the forced sale shall be provided when known but, in any event, not later than 7 days prior to the forced sale.

      (4) The notice specified in subsections (2) and (3) shall be in writing and may be given by registered mail, or given by any electronic or other appropriate means which confirm the receipt by persons interested as specified in subsection (1) if known.

      (5) In addition to the other provisions of this section, the notice shall be given by press announcement in the state where the forced sale is to be conducted and, if considered appropriate by the authority conducting the forced sale in other publications.

    • (1) Upon the forced sale of a vessel in Ghana, the registered mortgages, except those assumed by the purchaser with the consent of the holders, and the liens and other encumbrances of whatever nature shall cease to attach to the vessel, provided that

      (a) at the time of the sale the vessel is within the jurisdiction of Ghana; and

      (b) the sale was effected in accordance with this Act.

      (2) The costs and expenses arising out of the arrest, seizure and subsequent sale of a vessel shall be paid first out of the proceeds of sale and these shall include the costs for the upkeep of the vessel and the crew as well as wages, other sums and costs referred to in section 66(a), incurred from the time of arrest or seizure.

      (3) The balance of the proceeds shall be distributed to the extent necessary to satisfy the respective claims in accordance with the provisions of this Act.

      (4) Upon satisfaction of all claims, the residue of the proceeds, if any, shall be paid to the owner and the money shall be transferable through the banks.

      (5) In the event of the forced sale of a stranded or sunken vessel following its removal by a public authority in the interest of safe navigation or the protection of the marine environment, the costs of the removal shall be paid out of the proceeds of the sale before all other costs secured by a maritime lien on the vessel.

      (6) Where at the time of the forced sale the vessel is in the possession of a shipbuilder or a ship repairer who under this Act enjoys a right of retention, the shipbuilder or ship repairer shall surrender the possession of the vessel to the purchaser, but the shipbuilder or ship repairer is entitled to obtain satisfaction of the claim of the shipbuilder or ship repairer out of the proceeds of sale after the satisfaction of the claims of holders of maritime liens mentioned in section 66.

      (7) The Authority shall ensure that any proceeds of a forced sale are transferable.

    • The costs awarded by a court and arising out of the arrest and subsequent sale of a ship shall be paid first out of the proceeds of the sale, and the balance of such proceeds shall be distributed among

      (a) the holders of maritime liens under section 66;

      (b) the holders of preferential rights under section 69; and

      (c) the holders of mortgages and other preferential rights registered under this Part,

      to the extent necessary to satisfy their claims.

    • (1) Where a vessel registered in a state party to the International Convention on Liens and Mortgages, 1993 is the subject of a forced sale in any state party, the Authority shall, at the request of the purchaser, issue a certificate to the effect that the vessel is free of all registered mortgages, except those assumed by the purchaser, and of all liens, encumbrances, provided that

      (a) at the time of the sale the vessel is within the jurisdiction of Ghana; and

      (b) the sale was effected in accordance with this Act

      (2) Upon the production of the certificate the Registrar shall

      (a) delete all registered mortgages except those assumed by the purchaser;

      (b) register the vessel in the name of the purchaser; and

      (c) issue a certificate of deregistration for the purpose of a new registration.

    • (1) A court may on application made in connection with registration appoint a guardian or a committee if by reason of infancy, unsoundness of mind or any other cause a person interested in a ship or a share in it is incapable of making a declaration or doing anything required or permitted to be done in connection with registration under this Act.

      (2) The person appointed shall make a declaration as nearly as possible corresponding with the circumstances and perform any act or thing in the name and on behalf of the incapacitated person.

      (3) All acts done by the person in the name and on behalf of the incapacitated person shall be as effectual as if done by the infant, person of unsound mind or incapacitated person.

    • (1) A notice of any trust, express, implied or constructive, shall not be entered in the register or be receivable by the Registrar.

      (2) The registered owner of a ship or of a share in it shall dispose of the ship or the share in it in the manner provided for in this Act and give a valid receipt for any money paid or advanced by way of consideration.

    • The expression "beneficial interest", where ever used in this Part includes interests arising under contract and other equitable interests, and accordingly notwithstanding

      (a) any provisions in this Act for preventing notice of trusts from being entered in the register or received by the Registrar; or

      (b) the powers of disposition and of giving receipts conferred by this Act on registered owners and mortgagees; or

      (c) the provisions of this Act relating to the exclusion of unqualified persons from the ownership of Ghanaian ships, interests arising under contract or other equitable interests may be enforced by or against owners and mortgagees of ships in respect of their interest in it in the same manner as in respect of any other personal property.

    • (1) Where a person has a beneficial interest, other than a mortgage, in any ship or a share in a ship registered in the name of another person as owner, the person interested as well as the registered owner shall be subject to all pecuniary penalties imposed by this or any other enactment on the owner of a ship or shares in it.

      (2) Proceedings may be taken for the enforcement of the penalties against both or either of the parties mentioned in subsection (1).

    • Where, under this Part a person is required to make a declaration on behalf of himself or of a body corporate, or any evidence is required to be produced to the Registrar; and it is shown to the satisfaction of the Registrar that from any reasonable cause that person is unable to make the declaration, or that the evidence cannot be produced, the Registrar may, with the approval of the Director-General and on the production of such other evidence, and subject to such terms as the Registrar may think fit, dispense with the declaration or evidence.

    • (1) Declarations required to be made under this Part shall be made before the Registrar, a proper officer or any other person authorized by law to administer oaths.

      (2) Declarations required to be made under this Part may be made on behalf of a body corporate by the Secretary or any other officer of the body corporate authorized by the directors for the purpose.

    • All fees authorized to be charged under this Part shall, except where otherwise provided in this Act be applied in the payment of the general expenses of carrying into effect the functions of the Authority under this Act and any other enactment.

    • The Registrar of Ships shall submit to the Director-General returns of all registrations, transfers, transmissions, mortgages and other dealings with ships which have been registered by or communicated to him in his capacity as Registrar and the names of persons concerned and such other particulars as may be directed by the Director-General.

    • (1) Any person may, on application to the Registrar during office hours and on payment of fees determined from time to time by the Board inspect any register book.

      (2) The following documents shall be admissible in evidence in the manner provided by this Act:

      (a) any register book under this Part, on its production from the custody of the Registrar or other person who has lawful custody of it;

      (b) a Certificate of Registry under this Act signed by the Registrar or other proper officer;

      (c) an endorsement on a Certificate of Registry signed by the Registrar or other proper officer; and

      (d) a declaration made in pursuance of this Part in respect of a Ghanaian ship.

      (3) A copy or transcript of the register of Ghanaian ships kept by the Authority shall be admissible in evidence and has the same effect as the original register of which it is a copy or a transcript.

    • (1) The following instruments and documents shall be in a form prescribed by legislative instrument by the Minister

      (a) certificate of survey;

      (b) declaration of ownership by an individual owner;

      (c) declaration of ownership on behalf of body corporate as owner;

      (d) certificate of registry;

      (e) provisional certificate;

      (f) declaration of ownership by an individual transferee;

      (g) declaration of ownership on behalf of body corporate as transferee;

      (h) declaration of owner taking by transmission; and

      (i) declaration of mortgagee taking by transmission.

      (2) The Director-General may direct any officer of the Authority with regard to

      (a) the manner of making entries in the register books;

      (b) the execution and attestation of powers of attorney;

      (c) any evidence required for identifying any person;

      (d) the reference to him of any question involving doubt or difficulty; and

      (e) generally any act or thing to be done in pursuance of this Part as the Director-General thinks fit.

    • Where a Ghanaian ship is required to be registered under this Act, and is not registered, any person found on that ship shall be dealt with in the same manner as if the ship were a registered Ghanaian ship.

    • The Board shall determine the fees payable in respect of the registration, and the transfer including transmission, new registration, mortgage and transfer of mortgage of ships.

    • (1) A customs officer shall not grant a clearance to any ship until the master has declared the name of the nation to which the master claims the ship belongs, and the officer shall upon the declaration write the ships name on the clearance.

      (2) Where a ship attempts to proceed to sea without a clearance, it may be detained until the declaration is made.

    • The national flag of Ghana is declared to be the national colours for all Ghanaian ships.

    • (1) A ship registered or licensed in accordance with this Act as a Ghanaian ship shall fly the national flag of Ghana.

      (2) Nothing is this section shall be construed as prohibiting ships which are exempt from registration or licensing under this Act from flying in Ghanaian waters the national colours of Ghana.

    • (1) A Ghanaian ship shall hoist the proper national colours

      (a) on a signal being made to her from any ship or aircraft of the Armed Forces;

      (b) on entering or leaving any Ghanaian or foreign port;

      (c) when passing a warship; and

      (d) while in a Ghanaian port, from sunrise to sunset.

      (2) Where default is made in complying with this section the master of the ship commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months.

      (3) Where there are hoisted on board any Ghanaian ship, any colours or pendants usually worn by ships of the Ghana Navy, or the national colours of any other country, the master of the ship or the owner, if the owner is on board the ship, and every other person hoisting the pendants or colours, commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units and or a term of imprisonment not exceeding 12 months in addition to the seizure of the colours or pendants by the court.

      (4) This section does not apply to fishing vessels exclusively employed in fishing, which are lettered and numbered and entered in the fishing vessel register.

    • (1) A person who uses or permits any person to use the national colours on board a ship which is not a Ghanaian ship or in any other way makes a foreign ship or permits a foreign ship to be made to appear to be a Ghanaian ship.

      (a) commits an offence and is liable on summary conviction to a fine not exceeding the cedi equivalent of US $1 million or to a term of imprisonment not exceeding 3 years or to both; and

      (b) the ship shall be liable to forfeiture under this Act

      unless the use or assumption of appearance was made for the purpose of escaping capture by an enemy or a foreign warship exercising some belligerent right.

      (2) In any proceedings under this section the burden of proving the right to use the national colours and to assume the appearance of a Ghanaian ship is upon the person using the national colours or assuming the appearance.

    • (1) Subject to subsection (2) where the master or owner of a Ghanaian ship

      (a) does anything or permits anything to be done; or

      (b) carries or permits to be carried any papers or documents, with intent to;

      (c) conceal the Ghanaian character of the ship from any person entitled by the law of Ghana to investigation a Ghanaian ship;

      (d) assume a foreign character; or

      (e) deceive any person so entitled.

      the owner or master commits an offence and that ship shall on conviction of the master or owner be forfeited to the State.

      (2) Where the master or owner of the ship commits or is privy to the commission of the offence referred to in subsection (1) the master or owner shall, on summary conviction, be liable to a fine not exceeding the cedi equivalent of US $1 million or to a term of imprisonment not exceeding 3 years or to both.

    • Where a person not qualified to own a Ghanaian ship acquires by transfer, any interest, either legal or beneficial, in such a ship and uses the national colours of Ghana or assumes a Ghanaian national character, that person commits an offence and is liable on summary conviction to a fine not exceeding 2,500 penalty units or to a term of imprisonment not exceeding 3 years or to both and the interest of that person shall be liable to forfeiture under this Act.

    • (1) The Minister may make Regulations for the manning requirements for a Ghanaian ship including inland water craft and the qualifications of officers and seafarers of such a ship and for other matters.

      (2) Regulations made under subsection (1) may include

      (a) provisions on the categories of Ghanaian ships by reference to their tonnage capacity, the nature of their cargo and the trading areas including inland waters or voyages in which they are engaged;

      (b) the manning requirements in relation to classes or descriptions of ships including inland-water crafts, trading in prescribed areas including inland waters and in particular requiring ships to carry such of description, qualified doctors and qualified cooks and such number of other seafarers or qualified seafarers as may be prescribed in the Regulations;

      (c) conditions as to the nationality of a person for service on board any Ghanaian ship, or any ship engaged in local trade in Ghanaian waters;

      (d) provisions requiring that a ship shall be under the charge of a properly certificated master and that watches at sea and in port are always kept by suitably qualified officers;

      (e) provisions requiring officers, seafarers and other persons performing prescribed functions in relation to the operation and maintenance of Ghanaian ships to be holders of certificate of competency, or otherwise and to satisfy such other conditions as may be prescribed, including conditions as to nationality and prescribing for the grant, dispensation, revocation, extension, validation, suspension, endorsement or variation and recording of such certificates;

      (f) provisions relating to the

      (i) conduct of examinations in respect of certificate of competency;

      (ii) issue of certificate of competency to masters, mates and engineers;

      (iii) the qualification of candidates for the examinations and the qualification and appointment of the examiners;

      (iv) the remuneration of examiners;

      (v) the fees for the examinations; and

      (vi) all other matters as the Minister thinks necessary for the purpose of the examinations;

      (g) provisions for the exemption of persons with prescribed qualification or experience from the whole or parts of the examinations for such certificates;

      (h) provisions for the programmes of training and the curricula of study to be followed in the training of seafarers;

      (i) provisions for the establishment, maintenance and operation of schools for the training of persons for certification as seafarers; and designating from time to time institutions as recognized or affiliated places of training;

      (j) provisions prescribing the manner in which enquiries may be instituted before a board of enquiry appointed under section 102; and

      (k) provisions prescribing any other matter which is required by this Act to be prescribed.

      (3) In making Regulations under subsection (1) the Minister shall have regard to the relevant Conventions of the International Labour Organisation, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) as amended and any other related international conventions to which Ghana is a party.

    • The Minister may exempt any ship or class of ships from the requirements of any Regulations made under section 99 and an exemption given under this section may be for a particular period or for one or more voyages.

    • Where there is an allegation that a seafarer

      (a) is suffering from a habit or a mental or physical condition that renders him unfit to be a seafarer;

      (b) is guilty of dishonesty, incompetence or misconduct in the performance of his functions as a seafarer; or

      (c) procured his certificate of competency as a result of a misleading, false or fraudulent misrepresentation,

      the Authority may appoint a board of inquiry of two or three persons, one of whom shall be a Senior Officer of a ship, to enquire into the allegation and report its findings with its recommendations in writing to the Authority.

    • A board appointed under section 101 shall have all the powers of a person holding an inquiry under the section.

    • The Board upon the recommendation of

      (a) a board of inquiry set up under section 101; or

      (b) the Director-General, consequent upon the conviction of a seafarer for an offence under this Act

      may in writing cancel or suspend a certificate issued under Regulations made under section 99 (2) (f) and order the certificate to be surrendered at a place and time it directs.

    • The Board may upon the recommendation of

      (a) a board of inquiry; or

      (b) the Director-General as a result of the conviction of a seafarer in writing withdraw either indefinitely or temporarily an approval for a certificate issued under Regulations made under section 99 (2) (f).

    • A person who is aggrieved by a decision under section 103 or 104, cancelling or suspending a Certificate, or withdrawing an approval under this Act, may appeal to the High Court against the decision.

    • (1) Subject to subsection (2), the owner or master of every ship shall enter into an agreement in accordance with this Part with every Ghanaian seafarer whom the owner or master engages and every seafarer whom the owner or master engages in Ghana and carries to sea as one of the crew.

      (2) Subsection (1) does not apply to

      (a) ships under twenty-four metres in length not engaged on international voyages, and

      (b) vessels of any length trading or operating solely within the inland waters of Ghana.

      (3) The Authority may waive the requirements stipulated in subsection (1), or vary the contents of the approved form of the crew agreement in respect of any ship if it considers it expedient to do so.

      (4) The Minister may make Regulations for the engagement and matters pertaining to the engagement of seafarers in respect of vessels under twenty-four metres in length or fifteen tons in weight which are not engaged on international voyages and vessels of any length or weight trading or operating solely within the inland waters of Ghana.

    • For the purpose of maintaining discipline on board Ghanaian ships, the Minister may make Regulations

      (a) making misconduct by seafarers on board a ship a disciplinary offence for which the master or an officer designated by the master may impose penalties;

      (b) to provide for the setting up of a disciplinary committee consisting of persons employed in the ships and for the exercise by all or any of those members of the powers of the master in dealing with disciplinary offences;

      (c) to provide for the payment of penalties for disciplinary offences, and

      (d) prescribing the procedure for the hearing of appeals against penalties for disciplinary offences.

    • Where a conduct is both a disciplinary offence and an offence against any other provision of this Act, and that offence has been dealt with as a disciplinary offence, the offence shall not be dealt with as an offence against that provision and vice versa.

    • The following provisions shall have effect with respect to a crew agreement made in the case of a ship trading from and beyond the waters of Ghana:

      (a) the agreement shall, subject to the provisions of this Act apply to substitutes;

      (b) the Registrar of Seafarers shall cause the agreement to be read over and explained to each seafarer in a language which the seafarer understands before the seafarer signs it and the Registrar shall attest to each signature;

      (c) the agreement shall be signed in duplicate when the crew is first engaged, and one copy forwarded to the owner of the ship and the other retained by the master;

      (d) the crew agreement shall also contain a special place or form for the description and signature of a substitute or a person engaged subsequent to the first departure of the ship;

      (e) the master shall where a substitute is engaged in the place of a seafarer who duly signed the agreement and whose services are within twenty-four hours of the ship proceeding to sea, lost by death, desertion or other unforeseen cause, cause the agreement to be read over and explained to the substitute in a language which the substitute understands;

      (f) the substitute shall sign the crew agreement in the presence of a witness who shall attest the signature;

      (g) an agreement may be made for a voyage or, if the voyage of the ship averages less than six months in duration, may be made to extend over two or more voyages;

      (h) an agreement made to extend over two or more voyages is referred to as a "running agreement" in this Act;

      (i) a running agreement shall not extend beyond the twelve months next following the date of the making of the agreement or the first arrival of the ship at her port of destination after the expiration of the twelve months;

      (j) the master shall endorse an agreement for the engagement or discharge of a seafarer on every return to the port where the crew was engaged before the final expiration of a running agreement;

      (k) the master shall ensure that engagements or discharges have been made or are intended to be made before the ship leaves port and that all those agreements comply with this Act,

      (l) a master who wilfully makes a false statement in an endorsement commits an offence;

      (m) the duplicate crew agreement retained by the owner of the ship on the first engagement of the crew shall be kept by the owner for a period of seven years after the expiration of the agreement and shall be produced on demand to the Registrar of Seafarers or other proper officer; and

      (n) except as provided in section 128 a crew agreement shall not deprive any court of its jurisdiction to hear and determine disputes in respect of the agreement.

    • In no case shall stipulations adopted by the parties be contrary to the laws of the flag state of the ship in matters relating to wages and conditions of employment of a seafarer and master on board a ship.

    • (1) No person under the age of eighteen years shall be employed in any Ghanaian ship except

      (a) for work approved by the Authority on board a "school-ship" or "training ship"; or

      (b) where the Authority having due regard to health and physical condition of the person and to the prospective and immediate benefit to that person of the employment, certifies that the employment will be beneficial to that person.

      (2) A person under the age of eighteen years shall not be employed in any capacity on a ship unless there has been delivered to the master of the ship a certificate granted by a duly qualified medical practitioner certifying that that person is fit to be employed in that capacity.

      (3) A medical certificate issued under subsection (2)

      (a) shall be valid for one year from the date of issue, unless earlier revoked, and

      (b) may at any time be revoked by a duly qualified medical practitioner if the medical practitioner is satisfied that the person is no longer fit for work.

      (4) A person under the age of eighteen years shall not be employed to work in the engine room of any ship, unless that person is an apprentice working under supervision.

    • (1) The Minister may make Regulations as the Minister considers necessary to provide for

      (a) the conditions of service of persons serving on Ghanaian ships and Ghanaian nationals serving in foreign ships; and

      (b) matters connected with the service referred to in paragraph (a) and, in particular, relating to

      (i) apprenticeship to sea service;

      (ii) the implementation of any international convention relating to the employment, welfare, security, certification or status of seafarers;

      (iii) the avoidance of agreements made contrary to Regulations as may be prescribed;

      (iv) wages in general, and the rights related to persons employed in Ghanaian ships, securing safe working conditions, health and welfare of seafarers and apprentices employed in ships,

      (v) the accommodation to be provided for seafarers and apprentices on board ships, the location and standard of accommodation and all questions relating to the accommodation of seafarers and apprentices on board, and

      (vi) engagement by foreign ships of Ghanaian nationals;

      (2) In making Regulations under subsection (1), the Minister shall have regard to the following International Maritime Conventions:

      (a) Convention Concerning Minimum Standards in Merchant Ships (1976);

      (b) Convention Concerning Wages, Hours of Work on Board Ship and Manning (Revised 1958);

      (c) Convention Concerning the Medical Examination of Seafarers (1946);

      (d) Convention Concerning Crew Accommodation on Board Ship (Revised), 1949;

      (e) Convention Concerning Crew Accommodation on Board Ship (Supplementary Provisions), 1970; and

      (f) International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended (STCW).

    • (1) Except as otherwise provided in this Act, all correspondence, documents, forms or other writings for the purposes of this Act shall be in the English language, and in the case of crew agreement, official log book and muster lists, in a prescribed form except that another language version of any document may be appended to the English language version.

      (2) All written signs displayed on board a Ghanaian ship shall be in the English language with, another language version appended if the master considers it necessary.

    • (1) Except in respect of a matter that happens after the delivery, a deduction from the wages of a seafarer shall not be allowed unless it is included in the account delivered under section 125.

      (2) The master shall during the voyage record the various issues in respect of which the deductions are made in a book kept for that purpose, and shall if required produce the book at the time of the payment of wages and also upon the hearing before a competent authority of any complaint or question relating to that payment.

    • Where, before the Registrar of Seafarers or a proper officer, a question as to wages is raised between the master or owner of a ship and a seafarer, and the amount does not exceed the cedi equivalent of US $1000, the Registrar or the officer may on the application of either party decide the question, except that if the Registrar or the officer is of the opinion that the question is one which ought to be decided by a court, the Registrar may refuse to decide it.

    • A court may in an action for the recovery of any wages order the master of a ship or a person employed in a ship otherwise than under a crew agreement to pay in addition to the sum due, interest on it at the rate of 20% per annum or at a lower rate as the court may specify starting from seven days after the sum became due and ending when the sum is paid; except that where it appears to the Court that the delay in paying the sum due was by mistake not attributable to any default of the master or other agent of the owner, it may refuse to allow payment of interest on the wages.

    • A seafarer is not entitled to wages at anytime during which the seafarer unlawfully refuses or neglects to work when required, whether before or after the time fixed by the agreement for the seafarer to begin work, or for any period during which the seafarer is lawfully imprisoned for any offence committed by the seafarer, unless the court hearing the case otherwise directs.

    • (1) The following provisions apply to wages due or accruing to a seafarer,

      (a) subject to section 136, wages are not subject to attachment by any court;

      (b) an assignment or sale of wages before they are due does not bind the person making it;

      (c) a power of attorney or authority for the receipt of wages may be revoked; and

      (d) a payment of wages to a seafarer is valid in law notwithstanding that the wages have been sold, assigned, attached or encumbered.

      (2) Nothing in subsection (1) affects the provisions of this Act with respect to allotment notes.

      (3) Nothing in this section applies to any disposition relating to the application of wages

      (a) in the payment of contributions to a fund declared by Regulations to be a fund to which this section applies, or

      (b) in the payment of contributions in respect of the membership of a body declared by Regulations to be a body to which this section applies

    • (1) A seafarer is entitled after twelve months of continuous service on a Ghanaian ship, or for the same employer, to an annual leave with pay, the duration of which shall be not less than 30 working days for each year of service.

      (2) For the purpose of calculating the time for which annual leave is due

      (a) periods between consecutive crew agreements shall be included in the reckoning of continuous service referred to in subsection (1);

      (b) short interruptions of service not due to the act or default of the employee and not exceeding a total of six weeks in any twelve months so not break the continuity of the periods of service that precede and follow them; and

      (c) continuity of service is not interrupted by any change in the management or ownership of the ships in which the person concerned has served.

      (3) The following are not included in computing the period of leave

      (a) interruptions of service due to sickness or injury; and

      (b) public holidays.

      (4) In addition to the entitlement under subsection (1), every member of the crew of a Ghanaian ship is entitled to twelve days annual leave with pay and to payment in lieu of public holidays as the Government may decide, and if the length of continuous service is less than twelve months, then the annual leave with pay shall be pro-rata.

    • A court of competent jurisdiction may hear and determine any action by or on behalf of any seafarer or apprentice for the recovery of wages, where

      (a) the owner of the ship is bankrupt, or

      (b) the ship is under arrest or is sold by the authority of the court.

    • (1) Where proceedings are instituted in a court in relation to a dispute between an owner or master of a ship and a seafarer, arising out of or incidental to their relationship the court may having regard to all the circumstances rescind any contract between the owner or master and the seafarer, or any contract or articles of apprenticeship, upon terms as the court considers just.

      (2) The jurisdiction of a court under subsection (1) is in addition to any other jurisdiction that the court can exercise.

    • (1) Where a seafarer belonging to a Ghanaian ship dies during a voyage, the master of the ship shall take charge of any money or personal effects of the deceased seafarer that are on board the ship.

      (2) The master shall enter in the official log book,

      (a) a statement of the amount of the money and a description of the effect; and

      (b) a statement of the wages due to the deceased, the amount of deductions, if any, to be made from the wages and the balance of the wages due.

      (3) The entry shall be signed by the master and attested by a mate or some other member of the crew.

      (4) The master may cause any of the effects of a deceased seafarer to be sold.

      (5) The master of the ship shall without delay furnish the Registrar of Seafarers with a statement of the property of the deceased seafarer.

      (6) The money, effects and balance of wages mentioned in subsections (1) and (2) and the proceeds of the sale mentioned in subsection (4) are in this Act referred to as the "property of the seafarer".

    • (1) A person commits an offence, who for the purpose of obtaining, either for that person or for any other person, any property of a deceased seafarer

      (a) forges or fraudulently alters any document purporting to show or assist in showing any right to that property;

      (b) makes use of any document that has been forged or fraudulently altered as described in paragraph (a);

      (c) knowingly gives or assists in giving or procures to be given any false evidence;

      (d) knowingly makes any false representation; or

      (e) knowingly assists in procuring any false evidence or representation to be given or made.

      (2) A person who commits an offence under subsection (1) shall upon summary conviction be liable to a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years.

    • (1) The Minister may make Regulations for securing as far as is practicable, safe working conditions and safe means of access for masters and seafarers employed in Ghanaian ships, and requiring the reporting of injuries sustained by them.

      (2) Notwithstanding subsection (1) Regulations under this section may

      (a) require the maintenance, inspection and testing of any equipment and impose conditions on its use;

      (b) require, prohibit, or regulate the use of any protective clothing or equipment;

      (c) limit the hours of employment of seafarers in any specified operation or in any specified circumstances; and

      (d) make provision for the performance, by persons appointed from among the persons employed in a ship, of functions to be prescribed under the Regulations.

      (3) In making Regulations under this section, the Minister shall have due regard to the Convention concerning the Prevention of Occupational Accidents to Seafarers, (1970) of the International Labour Organization.

    • (1) The Minister may make Regulations requiring provisions and water to be provided for seafarers employed in Ghanaian ships or any class of ships as may be specified in the Regulations.

      (2) The Minister may exempt any ship from any requirement of Regulations made under this section, either generally or in respect of a particular voyage.

      (3) Where a person authorised to inspect provisions and water to be supplied to seafarers employed in a Ghanaian ship is not satisfied that they are in accordance with Regulations made under this section, the ship, if in Ghana, may be detained.

    • (1) The master of a Ghanaian ship in which provisions are supplied to the crew shall keep on board proper weights and measures for determining the quantities of the several provisions; and the master shall allow the weights and measures to be used in the presence of a witness at the time of the distribution of the provisions whenever any dispute arises regarding the quantities.

      (2) A master who fails to comply with subsection (1) without reasonable cause commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or a term of imprisonment not exceeding 12 months or to both.

    • (1) The Minister may make Regulations as appear to the Minister to be necessary for conducting medical examination of all persons seeking employment in any capacity on board Ghanaian ships and for the issue of medical certificates in respect of such persons.

      (2) In making Regulations under subsection (1), the Minister shall have regard to the Convention concerning the Medical Examination of Seafarers, 1946; the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) as amended.

    • (1) The Minister may make Regulations with respect to the crew accommodation to be provided in Ghanaian ships.

      (2) Regulations made under subsection (1) may in particular

      (a) prescribe the minimum space per person which shall be provided as sleeping accommodation for seafarers and the maximum number of persons who may use a specified part of such sleeping accommodation;

      (b) prescribe the equipment to be provided for the sleeping accommodation, mess rooms, sanitary accommodation and galleys in a ship;

      (c) regulate the spaces in the ship in which the crew accommodation or any part of it may be located and the standards to be observed in the construction, equipment and furnishing of any such accommodation;

      (d) provide for the protection of the crew against injury, condensation, heat, cold and noise on a ship;

      (e) prescribe the water, heating, lighting, ventilation and sanitary facilities to be supplied on a ship;

      (f) require the submission to a surveyor of ships of plans and specifications of any works proposed to be carried out for the purpose of the provision or alteration of any accommodation and authorize the surveyor to inspect the works;

      (g) provide for the maintenance and repair of the accommodation and prohibit or restrict the use of the accommodation for purposes other than those for which it is designed; and

      (h) provide for the inspection, measuring and marking of crew accommodation on a ship and its certification for the purpose of ascertaining tonnage.

      (3) Regulations made under this section may

      (a) exempt any particular ship or any class of ships from any requirements of the Regulations; and

      (b) require the master of a ship or any officer authorised by the master for the purpose to carry out such inspections of the crew accommodation as may be prescribed.

      (4) In this section "crew accommodation" includes sleeping accommodation, mess rooms, sanitary accommodation, store rooms and catering accommodation provided for the use of seafarers, but does not include any accommodation which is also used by or provided for the use of passengers.

      (5) In making Regulations under this section, the Minister shall have due regard to the requirements of the Convention Concerning Crew Accommodation on Board Ship (Revised 1949) and Supplementary Provisions, (1970) of the International Labour Organization.

    • (1) The Minister may make Regulations requiring Ghanaian ships to carry such medicines, medical stores, appliances and books containing instructions and advice, as may be specified in the Regulations.

      (2) The owner and master of every ship shall ensure that the ship carries medicines, medical stores, appliances and books in accordance with the scales laid down in Regulations made under subsection (1).

      (3) Where a surveyor or other officer of the Authority is of the opinion that the medicines, medical stores, appliances and books on a Ghanaian ship are deficient in quantity or quality or are placed in improper receptacles, the surveyor shall give notice of this in writing to the master, owner or agent of the ship, and the ship may be detained.

    • (1) Where any of the expenses in respect of the illness or injury of a master or seafarer, which are to be paid by the owner, are paid by any officer on behalf of the Government, or if any other expenses in respect of the illness or injury of a master or seafarer whose wages are not accounted for under this Act to that officer, are so paid, the expenses shall be repaid to that officer by the owner of the ship.

      (2) Where the expense are not repaid, the amount of the expenses shall be a charge upon the ship, and shall be recoverable from

      (a) the owner of the ship for the time being; or

      (b) the person who was the owner of the ship at the time of the loss or transfer in any case where the ship has been lost or has been transferred.

      and the amount shall be regarded as a debt due to the Government recoverable by ordinary process of law.

      (3) In any proceedings for recovery, a certificate of the facts signed by the officer, together with any vouchers, as the case requires, shall be sufficient proof that the expenses were duly paid by that officer.

    • (1) Every Ghanaian ship trading outside Ghanaian waters that proceeds from a port with more than one hundred persons on board shall carry on board as part of its complement a duly qualified medical practitioner.

      (2) The owner of a Ghanaian ship commits an offence and is liable on summary conviction to a fine not exceeding 1000 penalty units or to a term of imprisonment not exceeding 3 years or to both in respect of every voyage in which the ship is in contravention of subsection (1).

    • (1) Where a seafarer while on board a Ghanaian ship informs the master that the seafarer wishes to make a complaint to the Registrar of Seafarers or a judicial officer or to the proper officer against the master or any of the crew, the master shall as far as the services of the ship will permit, allow the seafarer to go ashore, so that the seafarer can make the complaint,

      (a) if the ship is then at a place where there is a proper officer or the Registrar of Seafarers; or

      (b) if the ship is not at a place where there is a proper officer or the Registrar of Seafarers then upon her arrival at such a place.

      (2) A master of a ship who fails to comply with this section without reasonable cause, commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both.

    • Subject to this Act, an assignment or sale of any salvage payable to a seafarer that is made before the salvage accrues does not bind the person making the assignment or sale, and a power of attorney or authority for the receipt of any such salvage may be revoked regardless of its terms.

    • A master or seafarer, belonging to a Ghanaian ship, who by wilful breach of duty or by neglect of duty or while in a state of intoxication

      (a) does any act which could cause the immediate loss, destruction of, or serious damage to the ship, or to endanger immediately the life of a person belonging to or on board the ship, or

      (b) refuses or omits to do any lawful act for preserving the ship from immediate loss, destruction, or serious damage or for preserving any person belonging to or on board the ship from immediate danger to life.

      commits an offence and is liable on summary conviction to a fine not exceeding 2500 penalty units or to imprisonment for a term not exceeding 3 years or to both.

    • Nothing in sections 169 and 170 shall take away or limit any remedy by action before a court which an owner or master would have had recourse to for breach of contract in respect of the matters constituting an offence under those sections but for those provisions, but an owner or master shall not be compensated more than once in respect of the same damage.

    • (1) Where any wages or effects are forfeited under this Part for desertion from a ship, the effects may be sold, and the wage or the money arising from the sale of the effects shall be applied towards reimbursing the expenses caused by the desertion to the master or owner of the ship, and any balance remaining shall be paid to the Registrar of Seafarers.

      (2) Where any wages are forfeited under this Part for any cause other than desertion, the forfeiture shall in the absence of any specific provision to the contrary be in favour of the master or owner by whom the wages are payable.

    • Any question concerning the forfeiture of our deductions from the wages of a seafarer or apprentice under this Part may be determined in any proceedings instituted with respect to those wages notwithstanding that the seafarer or apprentice has not been prosecuted for the offence that gives rise to the question.

    • (1) A person who goes to sea in a ship without the consent of either the owner, master, or a mate or of the person in charge of the ship or any other person entitled to give that consent, commits and offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding 2 years or both.

      (2) A person who goes to sea in a ship without consent as specified under subsection (1) shall so long as the person remains on the ship, be considered to belong to the ship and shall be subject to the same penalties and punishments for offences constituting or encouraging a breach of discipline, as if that person were a member of the crew and had signed the crew agreement.

    • Where in respect of a Ghanaian ship, an offence is committed under section 168 or 169, or an act of misconduct is committed for which the agreement of the person committing the offence provides for a fine, and it is intended to enforce the fine,

      (a) an entry of the offence or act shall be made in the official log book and signed by the master and an officer or the master and one of the crew;

      (b) before the arrival of the ship at the next port; or if the ship is at the time in port, the offender shall if still in the ship be given a copy of the entry or the entry shall be read over distinctly and audibly to the offender, and the offender may reply as the offender thinks fit;

      (c) a statement that a copy of the entry was furnished or that the entry was read over to the offender and in either case the reply, if any, made by the offender, shall similarly be entered and signed in the log book;

      (d) in any subsequent legal proceedings the entries made under this section shall if practicable be produced or proved; and

      (e) if the entry is not recorded a court may refuse to receive evidence of the offence or act of misconduct.

    • (1) Except as otherwise provided in this Act, it is an implied term of every agreement entered into for the employment of a seafarer in a Ghanaian ship that where the agreement terminates at a port other than the port of engagement, the seafarer shall be returned to a proper return port at the expense of the master or owner of the ship.

      (2) The owner, master or agent of the ship shall make such arrangements as are necessary to defray all expenses incurred for the return of a seafarer pursuant to subsection (1).

      (3) Subsection (1) applies whether an agreement terminates by

      (a) expiry of time;

      (b) consent of the parties;

      (c) shipwreck;

      (d) sale of the ship;

      (e) the inability of the seafarer to proceed in the ship by reason of sickness or injury; or

      (f) by any other cause.

    • Section 186 does not apply in the case of an absent seafarer where,

      (a) the master of a ship satisfies the Registrar of Seafarers that none of the effects of the seafarer has to the knowledge of the master been left on board the ship and that the master has paid all wages due to the seafarer;

      (b) the master of the ship satisfies the Registrar or proper officer that the net amount due to the seafarer on account of wages, after taking into account any deductions lawfully made in respect of allotments, and advances for which provision is made by the crew agreement is less than the cedi equivalent of US$50; or

      (c) the question of forfeiture of the wages and effects of the seafarer has been dealt with in proceedings lawfully instituted before the termination of the voyage or within forty-eight hours of the arrival of the ship at the port at which the voyage terminates.

    • (1) Where during the existence of the crew agreement, the service of a seafarer belonging to a Ghanaian ship is terminated otherwise than by the consent of the Seafarer, the master of the ship shall in addition to

      (a) giving the seafarer a certificate of discharge required by this Act; and

      (b) paying to the seafarer the wages to which the seafarer is entitled,

      make adequate provision in accordance with this Act for maintenance and return of the seafarer to a proper return port; and the master shall record the details of the steps taken as required by this Act in the official log book.

      (2) Where a master fails without reasonable cause to comply with subsection (1), the expenses of maintenance and of the journey of the seafarer to the proper return port:

      (a) if paid by the seafarer are recoverable as wages due to the seafarer; and

      (b) if paid by the Registrar of Seafarers or proper officer or any other person, are a charge upon the ship to which the seafarer belonged.

      (3) A charge upon a ship under subsection (2)(b) may be recovered,

      (a) from the person who is the owner of the ship for the time being;

      (b) if the ship has been lost, from the person who was the owner of the ship at the time of the loss; or

      (c) if the ship has been transferred to another person

      (i) from the new owner; or

      (ii) from the person who was the owner of the ship at the time of the transfer,

      at the suit of the Registrar of Seafarers or other person who paid the expenses, or, if the expenses, have been paid out of public money, as a debt to the State,

    • (1) Except where a seafarer is discharged under this Act, the master of a Ghanaian ship shall not leave a seafarer behind at any foreign port or place unless,

      (a) the master has had the certificate of the Registrar of Seafarers or proper officer endorsed on the crew agreement certifying the cause of the seafarer being left behind; and

      (b) the cause is unfitness or inability to proceed to sea, desertion or otherwise.

      (2) The Registrar of Seafarers or proper officer to whom an application is made for a certificate under this section may examine the grounds on which a seafarer is to be left behind and may for that purpose, if the Registrar thinks fit, administer oaths and grant or refuse the certificate as the Registrar thinks just, except that a certificate may not be unreasonably withheld.

    • Unless otherwise provided in this Part, a master of a ship who fails to comply with any provision of this Part commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

    • (1) Where any expenses are incurred by a consular officer on behalf of the Government under section 198 or are incurred by the government of a foreign country and are to be repaid to the foreign country by the Government, the Authority may pay to the consular officer or foreign government the amount of the expenses out of any moneys available for that purpose or out of any money appropriated for that purpose by Parliament.

      (2) Money paid by the Authority under subsection (1) together with the wages, if any, due to a distressed seafarer, is a charge upon the ship to which the seafarer belonged, and is a debt due to the Government

      (a) from the owner, master or agent of the ship at the time of the loss;

      (b) where the ship has been transferred, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer; or

      (c) where the ship is a foreign ship, from the person, who engaged the seafarer for service in the ship,

      (3) A debt under this section, in addition to any penalties and consular fees incurred, shall be recovered by the Authority on behalf of the Government as a civil debt.

      (4) In any proceedings for recovery of a debt under this section, the production of an official account of the expenses incurred in accordance with this Act, and proof of payment of the expenses by or on behalf of the Government is prima facie evidence that the expenses were incurred or repaid under this Act by or on behalf of the Government.

    • The master or crew of a Ghanaian ship who wrongfully forces a seafarer ashore and leaves the seafarer behind, or otherwise causes a seafarer to be wrongfully left behind at any place commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both.

    • Where a ship registered in Ghana or any other country is in a port in Ghana and a person who is not a public officer or authorized by law to act

      (a) goes on board the ship without the consent of the master of the ship or of any other person authorized to give consent; or

      (b) remains on board the ship after being requested by the master, an officer of the Authority, a police officer or an officer of Customs, Excise and Preventive Service to leave the ship,

      that person commits an offence and is liable on summary conviction to a fine not exceeding 50 penalty units or to a term of imprisonment not exceeding 3 months or to both.

    • (1) The master or owner of a Ghanaian ship which is required to carry an official log book under section 206 shall subject to subsection (2), deliver or transmit the log book for the period covering the previous crew agreement to the Director-General within seven days of the discharge of the crew and the cessation of the crew agreement.

      (2) Where the crew of a Ghanaian ship referred to in sub-section (1) is engaged under a running agreement referred to in section 112, the master or owner shall deliver or transmit the official log book to the Director-General within twenty-one days of the log book being completed.

      (3) A master or owner of a ship who fails without reasonable cause to comply with a provision of this section commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or a term of imprisonment not exceeding 12 months or to both and in a continuing offence to a fine of 50 penalty units for each day the offence continues.

    • (1) Where, by reason of transfer of ownership or change of employment of a ship, the official log book ceases to be required in respect of the ship, the master or owner of the ship shall if the ship is then in Ghana, within one month or if it is elsewhere, within six months, after such cessation, deliver or transmit to the Director-General the official log book and the agreement with the crew duly made out up to the time of the cessation.

      (2) Where a ship is lost or abandoned, the master or owner shall if practicable and as soon as possible, deliver or transmit to the Director-General the official log book duly made out up to the time of the loss or abandonment.

      (3) The owner or master of a ship who fails without reasonable cause to comply with this section, commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or a term of imprisonment not exceeding 12 months or to both.

    • (1) Where an official log book is not kept in the manner required by or under this Act or where any entry directed by this Act to be made is not made at the time and in the manner directed by this Act, the master of the ship commits an offence and except as otherwise expressly provided in this Act in that respect is liable on summary conviction to a fine not exceeding 250 penalty units or imprisonment for a term not exceeding 12 months or to both.

      (2) A person who makes, procures to be made, or assists in making an entry in an official log book in respect of any occurrence previous to the arrival of the ship at its final port of discharge of the crew more than twenty-four hours after that arrival, commits an offence and is liable on summary conviction to a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months or to both.

      (3) A person who wilfully destroys, mutilates or renders illegible an entry in an official log book, or wilfully makes, procures to be made or assists in making false or fraudulent entry in, or omission from, an official log book commits an offence and is liable on conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding 2 years or to both.

    • (1) A Ghanaian ship shall carry on board an ordinary log book in which shall be recorded the daily activities of the ship and other particulars as may be prescribed.

      (2) The ordinary log book of a ship shall comprise a deck log book and an engine room log book where appropriate.

      (3) Where a ship is not required by this Act to carry an official log book, or where it is not practicable for a ship to produce the official log book, the ordinary log book of the ship shall be admissible in evidence.

    • (1) The master of a Ghanaian ship shall upon arrival at a port or at such other time and place as the Director-General may with respect to any ship or class of ships direct, deliver to the Director-General or proper officer, in the prescribed form, a return of the facts relating to births and deaths which the master is required by sections 207 and 212 to record.

      (2) In respect of any death recorded the master shall notify the death to any person the deceased may have named as next-of-kin.

      (3) When the return is made elsewhere other than in Ghana the proper officer shall send a certified copy of the return to the Director-General.

    • The master of a ship not registered in Ghana which in the course of or at the end of a voyage calls at a port in Ghana or such other place in Ghana as the Director-General may with respect to any ship or class of ships direct, shall upon arrival at the port or other place make a return of births and deaths of citizens of Ghana that occurred on the ship to the Director-General.

    • The Director-General shall cause the information contained in any return referred to in sections 212, 213 and 214 to be sent to the Registrar of Births and Deaths.

    • The master of any ship who fails to comply with any requirement of sections 213, 214 or 215 commits an offence and upon summary conviction is liable to a fine of not less than 100 penalty units or to term of imprisonment not exceeding 6 months or to both.

    • The Minister may make Regulations, referred to as "Collision Regulations"

      (a) for the prevention of collisions at sea and in all navigable waters;

      (b) in respect of the lights to be carried and exhibited; and

      (c) in respect of the steering and sailing rules to be observed by ships.

      (2) In making the Regulations the Minister shall have regard to any international convention for the time being in force for the prevention of collisions at sea.

    • (1) Owners and masters of Ghanaian ships shall comply with the Collision Regulations and shall not carry or exhibit any other lights or use any other fog signals than are prescribed by those Regulations.

      (2) Where an infringement of any of the Collision Regulations is caused by the wilful default of the master or owner of a ship, the master or owner commits an offence and on summary conviction is liable to a fine not exceeding 2500 penalty units or imprisonment for a term not exceeding 3 years or to both.

      (3) Subsections (1) and (2) apply to an owner and pilot of a seaplane on the surface of water as they apply to an owner and master of a ship.

    • Regulations made under section 217 together with the provisions of this Part relating to collisions shall be observed by a ship and seaplane of foreign registry within Ghanaian waters; and in any action before a court in Ghana concerning a breach of the Collision Regulations arising within Ghanaian waters, a foreign ship or a seaplane shall be treated as if it were a ship and seaplane registered in Ghana.

    • Where damage to a person or property arises from the non-observance by any ship, seaplane or craft of any of the Collision Regulations, the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the ship, sea plane or craft at the time of the collision, unless it is shown to the satisfaction of the court that the circumstances of the case do not fall within the Regulations.

    • (1) A surveyor of ships may inspect a ship of any nationality in a port of Ghana to determine whether the ship is properly provided with lights and shapes and the means of making sound signals as required by the Collision Regulations.

      (2) Where the surveyor finds that the ship is not so provided, the surveyor shall specify in writing the action required to rectify the deficiency and shall detain the ship until the deficiency is rectified.

      (3) For the purpose of an inspection under this section, a surveyor shall have the powers provided under sections 466 and 468.

    • When ice is reported on or near the course of a Ghanaian ship the master of the ship shall either proceed at a safe speed adapted to the prevailing circumstances or alter course of the ship so as to keep amply clear of the ice reported and of the area of danger.

    • The master of a ship who fails to comply with section 224 commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or imprisonment for a term not exceeding 12 months or to both.

    • (1) A master of a ship in distress, after consultation, so far as is possible with the masters of other ships which answer the call for assistance, has the right to requisition one or more of those ships as that master considers best able to render assistance.

      (2) A master of a ship requisitioned shall comply with the requisition by going with all speed to the assistance of persons in distress.

      (3) A master of a ship shall be released from the obligation imposed by subsection (1), if that master is informed by the persons in distress or by the master of another ship which has reached such persons that assistance is no longer necessary.

    • Compliance by a master with any of the provisions of this Part shall not affect the right of any other person to salvage.

    • (1) Where the managing owner or agent of a Ghanaian ship has reason to believe that the ship has been lost because of the non-appearance of the ship or due to any other circumstance the managing owner or agent shall cause a reasonable search to be made for the ship and shall as soon as it is convenient send to the Director-General a notice in writing signed by the managing owner or agent stating

      (a) the name of the ship, the port to which the ship belongs and the official number of the ship; and

      (b) a report of the loss of the ship and the circumstances and probable cause of the loss.

      (2) A managing owner or agent of a ship who fails without reasonable cause to comply with this section within a reasonable period from the time when he has reason to believe the ship has been lost, commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

    • A Ghanaian ship shall be manned in accordance with Regulations made under this Act, with a crew sufficient and efficient enough front the point of view of safety of life for the purpose of the intended voyage and shall during the voyage be kept so manned.

    • (1) The Director-General shall take appropriate steps to advise the seafaring community and the public of any developing or existing situations which may adversely affect maritime safety.

      (2) Any information shall take the form of notices to mariners and navigational warnings which may be issued and communicated by any means as the circumstances may warrant.

      (3) The Director-General may require the assistance of any person in the communication of this information.

      (4) A person who without reasonable cause refuses to render assistance when so requested commits an offence and is liable on summary conviction to a fine not exceeding 50 penalty units or term of imprisonment not exceeding 3 months.

      (5) In this Part "aids to navigation" and "navigational aids" mean lighthouses, buoys, beacons, radio aids, or any other light, signal or mark established to aid marine navigation and includes buildings, moorings, and other works associated with maritime activities.

    • (1) There shall be established in Ghana such aids to navigation as are necessary to facilitate the safe navigation of ships within the waters of Ghana.

      (2) Privately owned aids to navigation shall be established and maintained in accordance with the provisions of this Act.

    • Established aids to navigation shall not be discontinued or have its lighting characteristics or any other distinguishing feature altered, without the prior written consent of the Director-General or any other person authorised by the Director-General for the purpose.

    • (1) The Authority shall exercise general supervision over aids to navigation and in particular

      (a) oversee the establishment and maintenance of aids to navigation by the Authority or any other body, institution or person;

      (b) ensure that all other aids to navigation are established in compliance with the stipulated conditions and specifications and are maintained in proper working order; and

      (c) bring to the attention of the public, information on changes to or deficiencies in any aid to navigation.

      (2) The Authority may delegate to the Ghana Ports and Harbours Authority or the Volta River Authority, as it considers appropriate any or all of the functions conferred on it under subsection (1).

    • (1) The Director-General may cause the publication and updating of aids to navigation and declare any other publication to be an approved nautical publication.

      (2) In any legal proceedings, the production of an approved nautical publication authenticated by the Director-General shall be prima facie evidence of the matters appearing in the publication.

    • A person who

      (a) contravenes section 237;

      (b) wilfully or negligently damages, destroys or allows a ship to foul an aid;

      (c) wilfully or negligently does anything which causes an aid to be obstructed from view in such a manner as to lessen its efficiency;

      (d) wilfully, negligently or without lawful authority does anything which interferes with an aid so as to hinder the effective use of the aid;

      (e) trespasses on or without lawful excuse is found in or on

      (i) any navigational aids;

      (ii) any land upon which navigational aids are situated, or

      (f) fails to notify the Director-General as soon as practicable after any navigational aids damaged, destroyed or fouled,

      commits an offence and, in addition to the expenses of making good any damage caused, is liable on conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both.

    • Where a ship damages, destroys or fouls any navigational aids, the ship may be detained until the cost of repairing or replacing the navigational aids or rendering them effective again is paid.

    • (1) When a fire or light is burned or exhibited in such a place or manner that in the opinion of the Director-General, it is calculated or likely to mislead persons navigating in Ghanaian waters or in the waters of any harbour or port or the approaches to the harbour or port, the Director-General may by written notice require the person placing or using the fire or light to screen, alter, extinguish or remove it within a reasonable time specified in the notice.

      (2) Where a person to whom notice is given under subsection (1) fails to comply with the notice within the time stated or after complying replaces the fire or light by another fire or light in respect of which the Director-General would be entitled to give notice under this subsection (1), the person commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both; and in the case of a continuing offence, to a further fine not exceeding 100 penalty units for each day or part of a day during which the offence continues.

      (3) The Director-General may cause to be extinguished any fire or light in respect of which notice is given under this section where the person to whom the notice has been given fails to comply with the notice within the time specified in the notice.

    • (1) Where the Director-General is of the opinion that a vessel lying wrecked in Ghanaian waters is because of its position or anything contained in it a potential danger to navigation, life or property, the Director-General may cause the wreck to be marked and protected from interference and may by notice published in the area of the wreck designate an area around it as a prohibited area.

      (2) A notice under subsection (1) shall identify the wreck and the place where it is lying and

      (a) the prohibited area shall be within such distance of the wreck as is specified in the notice; and

      (b) the distance specified for the purposes of paragraph (a) shall be whatever the Director-General considers appropriate to ensure that unauthorised persons are kept away from the wreck.

      (3) Subject to subsection (4) a person who without authority in writing granted by the Director-General, enters a prohibited area, whether on the surface of or under water, commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or a term of imprisonment not exceeding 12 months, or to both.

      (4) Nothing shall be regarded as constituting an offence under this section where it is done by a person

      (a) in the course of any action taken by the person for the sole purpose of dealing with an emergency of any description;

      (b) in exercising functions conferred by or under any enactment on the person or a body for which the person acts; or

      (c) out of necessity due to stress of weather or navigational hazards.

    • Where without reasonable cause, the owner or master of a ship fails to pay navigational aids dues, the owner or the master commits an offence and is liable to a penalty as may be prescribed.

    • (1) The Minister may make Regulations

      (a) stipulating the system of lighting marks and features and other characteristics of aids to navigation,

      (b) for the imposition, collection and disbursement of navigational aids dues and penalties for the non-payment of navigational aids dues; and

      (c) for the exemption of particular ships or classes of ships from the requirements relating to the payment of dues for aids to navigation.

      (2) In making Regulations with respect to subsection (1) (a) the Minister shall have due regard to the International Association of Lighthouse Authorities (IALA) Harmonized Buoyage "System A", or any other international system of buoyage applicable for the time being in force.

    • In this Part

      "certificate" means a certificate issued in accordance with the Safety Convention as defined in this section;

      "fishing vessel" means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;

      "short international voyage" means an international voyage;

      (a) in the course of which a ship is not more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety, or

      (b) which does not exceed 600 nautical miles between the last port of call in the country where the voyage begins and the final destination, with no account being taken of any deviation by the ship from its intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer, if any, of the ship could reasonably have prevented or forestalled;

      "Safety Convention" means the International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1978, Torremolinos International Convention on Safety of Fishing Vessels, 1977 and its Protocol of 1993, together with such amendments or replacement as may be in effect in respect of Ghana;

      "Safety Convention Certificate" means a certificate that is required to be issued to a Safety Convention ship that complies with the relevant provisions of the Safety Convention and includes a safety certificate, safety construction certificate, safety equipment certificate, safety radio certificate and any such certificate that is required to be issued to ships;

      "Safety Convention Country" means a country the government of which has accepted the Safety Convention and which has not denounced that Convention or a territory of such country to which the Convention extends and remains extended;

      "Safety Convention Ship" means a ship to which the Safety Convention applies;

      "surveyor" includes any person or organization, duly appointed under section 254 to act as surveyor for the purpose of surveying ships and issuing Safety Convention Certificates.

    • The Director-General may by notice published in the Gazette provide a list of countries, including territories that have ratified, acceded to or denounced the Safety Convention.

    • The Safety Convention shall unless exempted by this Act, apply to all Safety Convention ships while they are in Ghanaian waters.

    • (1) The Minister may make such Regulations as the Minister considers necessary for the attainment of the objectives and purposes of this Part and also to provide generally for safety at sea and to give effect to the Safety Convention.

      (2) In making the Regulations, the Minister shall

      (a) include all Regulations made under the Safety Convention including amendments made to it concerning radio communications for the Global Maritime Distress and Safety System (GMDSS); and

      (b) have due regard to

      (i) the Convention on the International Mobile Satellite Organisation (INMARSAT); and

      (ii) the International Convention on Maritime Search and Rescue, 1979.

      (3) An omission or neglect to comply with any provision of this Part or any Regulations made under it without reasonable cause is an offence and the offender is liable on summary conviction to a fine not exceeding 1000 penalty units or a term of imprisonment not exceeding 3 years or to both.

    • This Part does not apply to non-Ghanaian ships that would not have been in Ghanaian waters but for stress of weather or other circumstances that neither the master nor the owner, nor the charterer of the ship could have prevented or forestalled.

    • (1) The Minister may make Regulations regarding

      (a) the manner in which surveys of ships are to be made; and

      (b) notice to be given to surveyors of ships when surveys are required.

      (2) Surveyors of ships may be appointed in several capacities to perform different functions.

      (3) A person appointed to be a surveyor of ships under this section may be appointed as a radio surveyor if the person is so qualified.

      (4) The survey and inspection of ships, with regards to the enforcement of the Regulations made under this Part, shall be carried out by a surveyor or subject to such conditions as the Director-General may impose, by a recognised Organisation or society for the survey and classification of ships authorised by the Director-General.

    • A Ghanaian passenger ship shall be subjected to the following surveys:

      (a) a survey before the ship is put into service;

      (b) a periodic survey at intervals of not more than twelve months; and

      (c) such additional surveys as are required under this Act.

    • (1) A survey made before a passenger ship is put into service shall include a complete inspection of the hull, machinery and equipment.

      (2) The survey shall be such as to ensure that the general arrangement, material and scantlings of the hull, boilers and other pressure valves, the main and auxiliary machinery, electrical installations, radio installations, radio installations in motor lifeboats, portable radio apparatus for survival craft, life-saving appliances, fire detecting and extinguishing appliances, pilot ladders, and other equipment fully comply with the requirements of the Safety Convention and with any Regulations made under this Act.

      (3) The survey shall also be such as to ensure that the workmanship of all parts of the hull, machinery and equipment is satisfactory, and that the ship is provided with lights, sound signals and distress signals as are required by the Safety Convention and the Collision Regulations.

    • (1) The periodic survey shall ensure that the hull, boiler and other pressure valves, the main and auxiliary machinery, electrical installations, radio installations, radio installations in motor lifeboats, portable radio apparatus for survival craft, life-saving appliances, fire detecting and extinguishing appliances, pilot ladders, and other equipment are in a satisfactory condition and fit for the service for which they are intended and that they comply with the requirements of the Safety Convention and any Regulations made under this Act.

      (2) The lights, sound signals and the distress signals carried by the ship shall also be subject to periodic survey.

    • (1) A general or partial Survey as the circumstances require shall be made each time an accident occurs or a defect which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment is discovered or whenever important repairs, renewals or replacements are made.

      (2) The survey shall ensure that the necessary repairs, renewals or replacements have been effectively made, that the material and workmanship for the repairs, renewals or replacements are in all respects satisfactory and that the ship complies in all respects with the provisions of the Safety Convention and the Collision Regulations and any Regulations made under this Act.

    • Where the voyages on which a passenger ship is to be engaged are short international voyages and it complies only with such of the Regulations as are applicable to those voyages, the Director-General shall issue a certificate, referred to in this Act as "a Short Voyage Certificate" showing that the ship complies with the requirements of the Safety Convention applicable to such short international voyages.

    • The Director-General or such other person as the Director-General may authorise for the purpose, may permit a passenger ship in respect of which there is in force a Short Voyage Certificate, or a Qualified Short Voyage Certificate, to proceed to sea on an international voyage from a port which is situated not further than twelve hundred nautical miles from the final port of destination.

    • (1) A passenger ship shall, before plying or proceeding to sea from any port in Ghana have on board a valid Passenger Ship Safety Certificate which shall show

      (a) the limits beyond which the ship is not fit to ply; and

      (b) the number of passengers which the ship may carry, and if necessary, distinguish the number to be carried in each part of the ship, and any conditions and variations to which the number is subject.

      (2) Where in the case of a foreign passenger ship, the Director-General or such other person as the Director-General may authorize for the purpose, is satisfied upon the production of a Passenger Ship Safety Certificate that the provisions of this Act have been substantially complied with, the ship shall be considered to have satisfied the requirements of subsection (1).

      (3) The master or owner of a ship which contravenes subsection(1) commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both.

    • Where a passenger ship has on board a number of passengers which having regard to the time, occasion and circumstance of the case, is greater than the number allowed by the Passenger Ship Safety Certificate, the owner or master of the ship is in addition to any other penalty under section 266(3), liable to a fine equivalent to four times the fare charged per passenger for every excess passenger.

    • (1) The life-saving appliances and fire-fighting appliances of a Ghanaian cargo ship shall be subject to survey before the ship is put into service and after that at intervals of not more than two years as specified by the Authority.

      (2) The fire control plans in a Ghanaian ship and the pilot ladders, lights and sound signals and distress signals in a new and an existing Ghanaian cargo ship shall be included in the surveys for the purpose of ensuring that they comply fully with the requirements of the Safety Convention and the Collision Regulations.

    • The radio and radar installations of a Ghanaian cargo ship and any radio installations in a motor lifeboat or portable radio apparatus for survival craft which is carried in compliance with any Regulations made under this Act, shall be subject to survey before the ship is put into service and after that at intervals as specified by the Authority.

    • Where a Ghanaian ship is granted partial or conditional exemption by the Director-General or such other person authorized by the Director-General for the purpose from the requirements of Regulations relating to the Safety Convention as regards radio installations and direction finders there shall be issued upon application by the owner, an exemption certificate, referred to as a "Radio Exemption Certificate" specifying the voyages and trades for and the conditions on which, the ship is exempt.

    • (1) Subject to subsections (2) and (3), the hull, machinery and equipment other than items in respect of which Cargo Ship Radio Certificates are issued on a Ghanaian cargo ship shall be surveyed before being put into service and after that they shall be surveyed in the manner and at the intervals provided under this Part.

      (2) A general or partial survey, as the circumstances require shall be made each time an accident occurs or a defect is discovered which affects the safety of the ship or the efficiency or completeness of her life-saving appliances or equipment or whenever important repairs, renewals or replacements are made.

      (3) The survey shall be such as to ensure that the necessary repairs, renewals or replacements have been effectively made, that the material and workmanship of the repairs, renewals or replacements are in all respects satisfactory and that the ship complies in all respects with the provisions of the Safety Convention and of the Collision Regulations and any regulations made under this Act.

    • (1) This section applies to

      (a) a Ghanaian ship of not less than five hundred gross tons;

      (b) a Ghanaian ship of such lower tonnage and description as the Minister may specify; and

      (c) a foreign ship within Ghanaian waters and while it is not exempted under this Act,

      but does not apply to a passenger ship, a troop ship, pleasure craft, a fishing vessel and a ship which is not mechanically propelled.

      (2) The Minister may make Regulations, in this Act referred to as "Cargo Ship Construction and Survey Regulations", prescribing requirements for Ghanaian ships referred to in subsection (1) to be surveyed to an extent and in a manner and at intervals as may be prescribed.

      (3) The Regulations shall include such requirements as appear to the Authority to implement the provisions of the Safety Convention in relation to the hull, equipment and machinery of the ship.

    • (1) A Cargo Ship Safety Construction Certificate issued under section 277 shall remain in force for five years or such shorter period as may be specified in it, subject to the power of the Director-General to cancel the certificate and an exemption certificate issued under this Part shall remain in force for the same period as the corresponding qualifying certificate.

      (2) The Director-General may extend the period for which a certificate under subsection (1) is issued for a period not exceeding three months.

      (3) Notwithstanding the power of extension conferred under subsection (1), where a certificate under this section is in force in respect of a ship and the certificate was issued for a shorter period than is allowed under this section, the Director-General or any person authorized by the Director-General for the purpose may, if satisfied on receipt of declarations of survey in respect of the ship that it is proper to do so, grant an extension of the certificate for a period not exceeding one year and in any event not exceeding in total the period of five years specified in subsection (1).

    • (1) A Passenger Ship Safety Certificate and a Cargo Ship Safety Radio Certificate shall be in force for one year and a Safety Equipment Certificate, shall be in force for two years from the date of its issue or for a shorter period as may be specified in the certificate; except that no such certificate shall remain in force after notice is given by the Director-General to the owner, master or agent of the ship in respect of which it has been issued that the Director-General has cancelled the certificate.

      (2) An exemption certificate, relating, to GMDSS, satellites and direction finders shall be in force for the same period as the corresponding qualified certificate.

    • (1) Where a Ghanaian ship is not in a port of Ghana on the date of expiry of any certificate issued to that ship under this Act, the Director-General or a person authorized by the Director-General, may extend the validity of that certificate in the first instance by a period not exceeding one month from its initial date of expiry up to a maximum of three months in the aggregate.

      (2) The extension referred to in subsection (1) shall be granted only for the purpose of enabling the ship to proceed to a Ghanaian port or a port where it appears proper and reasonable to grant the extension.

    • A qualified certificate shall not be considered to be in force in respect of a ship unless there is in force in respect of the ship corresponding exemption certificate, and an exemption certificate shall be of no effect unless it is, by its terms, applicable to the voyage on which the ship is about to proceed.

    • (1) Payment of a reward determined in accordance with section 382 shall be made by all the owners of the vessel and other property interests in proportion to their respective interest in the property salvaged.

      (2) For expediency, the ship owner shall pay the amount on behalf of all interests referred to in subsection (1) subject to the right of the ship owner to be reimbursed by the other interests.

      (3) A ship owner who makes the payment under subsection (2), may require the other parties with interest to provide security not exceeding the values of their respective salvaged interests until the ship owner has been fully reimbursed.

    • Where an exemption certificate, issued in respect of any Ghanaian ship specifies conditions on which the certificate is issued and any of those conditions is not complied with, the owner or the master of the ship commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

    • (1) All certificates or certified copies of certificates except exemption certificates or certified copies of exemption certificates issued under this Act shall be posted in a prominent and accessible place in the ship for the information of persons on board; and the certificates or copies of the certificates shall be kept thus posted while they are in force and the ship is in use.

      (2) The owner or master of a ship who fails without reasonable cause to comply with subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

    • A surveyor of ships may board any ship for the purpose of verifying whether

      (a) there is in force, in respect of a foreign Safety Convention ship, a valid Safety Convention Certificate;

      (b) the condition of the hull, equipment and machinery of any Safety Convention ship corresponds substantially with the particulars shown in the certificate;

      (c) the number, grades and qualifications of radio officers or operators on board correspond with those shown in that certificate, except where the certificate states that the ship is partially exempt from the provisions of the Safety Convention relating to INMASART; and

      (d) any conditions subject to which an exemption certificate is issued, are being complied with.

    • (1) The master of a foreign Safety Convention Ship, shall produce to the authorities from whom a clearance for the ship is sought in respect of an international voyage from a Ghanaian port, valid Safety Convention Certificates that are the equivalent of the Safety Convention Certificates issued by the Director-General and required to be in force in respect of a Ghanaian ship.

      (2) Clearance shall not be granted, and the ship may be detained until those certificates are produced.

      (3) The production of a valid Safety Convention Certificate which is the equivalent of

      (a) a qualified certificate; or

      (b) an exemption certificate, other than a certificate stating that the ship is wholly exempt from the provisions of the Safety Convention,

      is not acceptable for the purpose of section 315 unless there is also produced the corresponding qualified certificate or exemption certificate as the case may be.

    • (a) where it is a passenger ship,

      (i) a Passenger Ship Safety Certificate;

      (ii) a Short Voyage Safety Certificate; or

      (iii) a Qualified Short Voyage Safety Certificate which, subject to the provisions of this section relating to Short Voyage Certificate, is applicable to the voyage on which the ship is about to proceed and to the trade in which the ship is for the time being engaged,

      (b) where it is not a passenger ship

      (i) a Cargo Ship Safety Construction Certificate or a Qualified Cargo Ship Safety Construction Certificate;

      (ii) a Safety Equipment Certificate or a Qualified Safety Equipment Certificate; and

      (iii) a Radio Certificate, or a Qualified Radio Certificate, or an Exemption Radio Certificate.

      (2) Notwithstanding subsection (1) a Ghanaian ship that is not a passenger ship may proceed to sea if there is in force in respect of the ship, the certificates referred to in paragraph (a) as if it were a passenger ship.

    • (1) The master of a Ghanaian ship shall produce to the appropriate authorities from whom clearance for the ship is demanded for an international voyage, the certificates required by this Part to be in force when the ship proceeds to sea.

      (2) A clearance shall not be granted, and the ship may be detained until the certificates are produced.

    • Any person who

      (a) knowingly and wilfully makes or assists in making or procures to be made a false or fraudulent survey report under this Part; or

      (b) forges, assists in forging, procures to be forged, fraudulently alters, assists in fraudulently altering a survey report or certificate, or anything contained in or any signature to such a report or certificate,

      commits an offence and is liable on summary conviction to a fine of not less than 500 penalty units or to a term of imprisonment not exceeding 2 years or to both.

    • (1) Where the Director-General has reason to believe that since the making of the last survey report in respect of a ship

      (a) any alteration has been made as referred to in section 293(2); or

      (b) the hull, equipment, appliances or machinery of the ship have sustained any damage or are otherwise defective or insufficient;

      the Director-General may require the ship to be surveyed again to such extent as the Director-General considers fit, and if the requirement is not complied with, the Director-General may cancel any certificate issued in respect of the ship under this Act.


      (2) For the purpose of this section "alteration" in relation to anything includes the renewal or replacement of any part.

    • (1) The Director-General may direct that any of the provisions of this Part shall apply to any foreign ship while within Ghanaian waters.

      (2) Notwithstanding anything in this Part, the Director-General may relieve any foreign ship or the owner of a foreign ship from compliance with any of the provisions of this Part or Regulations made under this Part relating to inspection, in any specific case of emergency, where the Director-General considers it necessary or advisable in the public interest.

      (3) The Director-General shall not relieve any ship or its owner from compliance with any provision as would permit a ship to proceed to sea or to make any voyage in an unseaworthy condition.

    • (1) The Director-General may at the request of the government of a country to which the Safety Convention applies, cause a ship to be surveyed and if the Director-General is satisfied that the requirements of the Safety Convention have been complied with, the Director-General shall issue certificates to the ship in accordance with the Safety Convention.

      (2) A certificate issued under subsection (1) 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 or will be registered, and the certificate shall have the same force and receive the same recognition as any other certificate issued under this Part.

    • (1) The Director-General may request the government of a country to which the Safety Convention applies or any organization authorized to act in that behalf to issue a certificate in respect of a Ghanaian ship as is required under this Act.

      (2) A certificate issued in pursuance of the request and containing a statement that it has been so issued shall have effect for the purposes of this Act as if it has been issued by the Director-General.

    • Nothing in this Part or in any Regulations made under this Part unless it is expressly provided otherwise shall apply to

      (a) ships of war and troop ships;

      (b) cargo ships of less than five hundred gross tonnage;

      (c) ships not mechanically propelled;

      (d) canoes; and

      (e) pleasure yachts not engaged in trade.

    • The Minister may make Regulations prescribing safety requirements and providing for the inspection, survey and issue of Ghanaian safety certificates in respect of any ship or class of ship to which the Safety Convention does not apply.

    • For the purpose of this Part

      "Convention Country" means a country, the Government of which is a party to the Load Line Convention or a territory of such country to which the Convention extends;

      "existing ship" means a ship which at the commencement of this Act is not a new ship;

      "fishing vessel" means a ship used for catching fish, or other living resources of the sea including whales, walrus and seals;

      "international voyage" means a voyage between

      (a) a port or place in Ghana and a port or place outside Ghana; or

      (b) a port in a Convention Country, other than Ghana and a port in any other country or territory (whether or not a Convention Country) which is outside Ghana;

      except, that in determining the ports between which a voyage is made, no account shall be taken of any deviation by a ship from her intended voyage which is due solely to stress of weather or other circumstances that neither the master nor the charterer, if any, of the ship could have prevented or forestalled;

      "Load Line Convention" means the International Convention on Load Line of 1966 and any amendments to it which the Minister may by legislative instrument prescribe to be in force in Ghana;

      "Load Line Convention Ship" means an international Load Line ship that belongs to a country to which the Load Line Convention applies;

      "Load Line Regulations" means the Regulations made by the Minister to give effect to the Load Line Convention;

      "Load Line Ship" means

      (a) an international Load Line Ship, which is an existing ship of not less than one hundred and fifty tons or a new ship of twenty-four metres or more in length or of fifteen tons or more in weight which carries cargo or passengers on international voyages; or

      (b) a Ghanaian Load Line ship, other than an international Load Line ship, which carries cargo or passengers; and

      "new ship" means a ship whose keel is laid or which is at a similar stage of construction

      (a) in the case of a ship registered in or flying the flag of a country other than Ghana which is a Convention country or a country to which the Convention applies, on the date from which it is declared that the Government of the country has ratified or acceded to the Load Line Convention;

      (b) in the case of any other ship, on the date of the coming into force of this Act.

    • This Part does not apply to

      (a) ships of war;

      (b) pleasure craft not engaged in trade; and

      (c) fishing vessels.

    • The Minister may from time to time publish in the Gazette the list of countries that have ratified, acceded to or denounced the Load Line Convention.

    • The Minister may make Regulations referred to as the "Load Line Regulations" for the purpose of giving effect to the Load Line Convention, and such Regulations may also prescribe Load Line requirements and provide for the issue of Ghanaian Load Line Certificates in respect of ships to which the Load Line Convention does not apply.

    • (1) An International Load Line Certificate may be issued to every ship which has been surveyed and marked in accordance with the Load Line Convention.

      (2) An International Load Line Exemption Certificate may be issued to any ship to which an exemption has been granted in accordance with the Load Line Convention.

    • (1) The Director-General may request the government of a country which is a party to the Load Line Convention to issue an International Load Line Certificate in respect of a Ghanaian ship and a Certificate so issued shall have effect for the purposes of this Part as if it has been issued by the Director-General under this Part.

      (2) Where a valid Load Line Certificate issued in pursuance of sub-section (1) is produced in respect of a ship, that ship shall for the purposes of this Part be considered to have been surveyed under the Load Line Regulations.

      (3) Where the deck line and Load Line correspond with the marks specified in the certificate, the ship shall be considered to be marked as required by this Part.

    • The Director-General may at the request of the government of a country to which the Load Line Convention applies, issue an International Load Line Certificate in respect of a ship of that country, if the Director-General is satisfied that as in the case of a Ghanaian ship, the Director-General can properly issue the certificate; and where a certificate is issued on such a request, it shall contain a statement to the effect that it has been so issued.

    • (1) With a view to determining the validity in Ghana of a certificate purporting to have been issued in accordance with the Load Line Convention in respect of a foreign ship, the Minister may make such Regulations as may appear necessary.

      (2) For the purposes of the provisions of this Part relating to foreign ships the expression "a valid Load Line Certificate" means a certificate complying with such of the Regulations made under subsection (1) as are applicable in the circumstance.

    • The Director-General may by a certificate grant an exemption from the application of this Part to ships under twenty-four metres in length or under fifteen tons in weight engaged solely in the local trade or any class of such ships.

    • In this Part, any reference to an exemption is a reference to an exemption from

      (a) all the provisions of this Part and the Load Line Regulations; or

      (b) such of the provisions of this Part and the Load Line Regulations as are specified in the certificate granting the exemption.

    • (1) Where the Director-General exempts a ship under section 309, the Director-General shall issue the appropriate certificate to the owner of the ship.

      (2) Where the exemption is granted

      (a) under paragraph (a) of section 310 the certificate shall be called an "International Load Line Exemption Certificate"; and

      (b) where the exemption is granted under paragraph (b) of section 310 the certificate shall be called a "Ghanaian Load Line Exemption Certificate".

      (3) A certificate issued under this section shall be such as is prescribed by the Load Line Regulations.

    • (1) The Load Line Regulations shall specify the period within which an exemption granted under section 309 or any certificate issued under section 305 is to remain in force including provisions

      (a) enabling the period for which any such exemption or certificate is originally granted or issued to be extended within the limits and in circumstances as may be prescribed by the Regulations; and

      (b) for terminating any exemption and for cancelling any certificate in circumstances that may be prescribed.

      (2) While a certificate is in force in respect of a ship, there shall be endorsed on the certificate information relating to

      (a) periodic inspection of the ship in accordance with the Load Line Regulations; and

      (b) any extension of the period for the certificate.

    • Where a valid Load Line Certificate issued under this Part is produced in respect of the ship to which the certificate relates

      (a) the ship shall be considered to have been surveyed in accordance with the Load Line Regulations; and

      (b) where lines are marked on the ship according to number and description to the deck line and the load lines respectively as required by the Load Line Regulations, and the positions of those lines so marked correspond to the positions of the deck line and load lines as specified in the certificate, the ship shall be considered to be marked as required by those Regulations.

    • Where a valid Load Line Certificate issued under this Part is produced in respect of the ship to which the certificate relates

      (a) the ship shall be considered to have been surveyed in accordance with the Load Line Regulations; and

      (b) where lines are marked on the ship according to number and description to the deck line and the load lines respectively as required by the Load Line Regulations, and the positions of those lines so marked correspond to the positions of the deck line and load lines as specified in the certificate, the ship shall be considered to be marked as required by those Regulations.

    • (1) A Load Line Certificate issued by the Authority shall unless it is renewed in accordance with subsection (2), expire at the end of the period specified in the certificate and in any event shall not be renewed for a period exceeding five years from the date of issue.

      (2) A Load Line Certificate issued for a lesser period than the required period under the Load Line Regulations may be renewed by the Authority for a period not exceeding five years on any occasion.

      (3) The owner of a ship in respect of which a certificate has been issued shall, so long as the certificate remains in force, cause the ship to be surveyed in the prescribed manner at least once in every twelve months after the issue of the certificate.

      (4) Where the ship is not surveyed, the Authority shall extend the period of survey by a maximum of three months or cancel the certificate.

    • (1) Subject to any exemption granted by or under this Part, a Ghanaian ship which is an international load line ship shall not proceed to sea on an international voyage unless there is in force in respect of that ship an International Load Line Certificate.

      (2) A Ghanaian Load Line Ship shall not proceed to sea unless there is in force in respect of the ship a Ghanaian Load Line Certificate.

      (3) The master of a Ghanaian Load Line Ship shall produce to the customs officer from whom clearance for the ship is sought the certificate required by this section which shall be valid when the ship proceeds to sea, and where the certificate is not produced, clearance shall not be granted and the ship shall be detained until the certificate is produced.

    • (1) The Minister may make Regulations, in this section referred to as the "Deck Cargo Regulations", prescribing requirements to be complied with where cargo is carried in any uncovered space on the deck of a load line ship.

      (2) Where the Load Line Regulations provide for assigning special freeboards to a ship when carrying only timber deck cargo, the Deck Cargo Regulations shall prescribe special requirements to be complied with in the circumstances.

      (3) In prescribing any special requirements for the purposes of sub-section (2), the Minister shall have regard in particular to the provisions of Chapter IV of Annex 1 to the Load Line Convention.

      (4) Where any provision of the Deck Cargo Regulations are contravened in the case of

      (a) a Ghanaian ship, or

      (b) any other ship while the ship is within Ghanaian waters,

      the master of the ship commits an offence and is liable on summary conviction to a fine not exceeding the cedi equivalent of US$ 100,000 or to a term of imprisonment not exceeding 5 years or to both.

      (5) Where a person is charged with an offence under sub-section (4) it shall be a valid defence to prove to the satisfaction of the court that the contravention was due solely to deviation or delay caused by stress of weather or force majeure which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.

      (6) For the purpose of securing compliance with the Deck Cargo Regulations, a person authorized in that behalf by the Director-General may inspect a ship to which this Part applies which is carrying cargo in an uncovered space on its deck; and for the purpose of the inspection that person shall have all the powers of a surveyor under this Act.

    • A surveyor of ships may inspect a Ghanaian Load Line Ship for the purpose of ensuring that the provisions of this Part and Regulations made for the purpose are complied with.

    • (1) A ship which has no list shall not be overloaded to submerge the ship below the appropriate load line on each side of the ship.

      (2) Where a ship which has a list is overloaded to submerge the ship below the appropriate load line, the extent of the overloading and submergence shall not exceed the extent required by the list.

      (3) Where any ship is loaded in contravention of this section, the owner or master of the ship commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both and in addition a fine not exceeding 150 penalty units for every centimetre or part of it by which the appropriate load line on each side of the ship is submerged.

      (4) In addition to any proceedings under this section, any ship which is loaded in contravention of this section may be detained until it ceases to be so loaded.

    • (1) The owner or master of an international load line ship or a Ghanaian load line ship who fails without reasonable cause to keep the ship marked in accordance with this Part commits an offence and is liable on summary conviction to a fine not exceeding the cedi equivalent of US$1 million or a term of imprisonment not exceeding 3 years or to both.

      (2) Any person who conceals, removes, alters, defaces or obliterates or permits any person under his or her control to conceal, remove, alter, deface or obliterate any mark placed on a ship in accordance with this Part, except with the authority of a person entitled under the Load Line Regulations to authorize the alteration of the mark commits an offence and is liable on summary conviction to a fine not exceeding 1000 penalty units or to imprisonment for a term not exceeding 3 years or to both.

    • The master of every Load Line Convention ship shall upon request produce a valid Load Line Certificate to the Customs Officer who gives clearance certificate for the ship from the port in Ghana and where a valid Load Line Certificate is not produced upon request a clearance shall not be granted and the ship may be detained until the Load Line Certificate is produced.

    • Unless a valid Load Line Certificate is produced in respect of a foreign ship, the provisions of section 318 shall apply to that ship proceeding or attempting to proceed to sea from a port in Ghana as they apply to a Ghanaian ship.

    • Section 319 applies to foreign ships while in Ghanaian waters subject to the following:

      (a) no Load Line Convention ship shall be detained, and no proceedings shall be taken against the ship by virtue of that section, except after an inspection by a surveyor as provided for in this Part;

      (b) the expression "the appropriate load line" means

      (i) in the case where a valid Load Line Certificate in respect of the ship is produced on an inspection as mentioned above, the load line appearing on the Certificate indicating the maximum depth to which the ship is for the time being permitted under the Load Line Convention to be loaded; and

      (ii) in the case where a valid Load Line Certificate is not produced, the load line which corresponds with the load line indicating the maximum depth to which the ship is for the time being permitted in accordance with the Load Line Regulations to be loaded.

    • (1) Where a Load Line Certificate has been issued under this Part in respect of a load line ship

      (a) the owner of the ship shall upon receipt of the certificate cause it to be framed and displayed in a conspicuous place on board the ship, and the certificate shall be kept so framed and displayed and shall be legible so long as the certificate remains in force and the ship is in use; and

      (b) the master of the ship shall before making any other entry in any official log book, enter in the log book the particulars of the marking of the deckline and load line specified in the certificate.

      (2) Before any load line ship proceeds to sea, the master shall

      (a) enter in the official log book the draught and freeboard relating to the depth to which the ship is for the time being loaded, the density of the water in which the ship is floating and all other particulars in the form set out in the official log book; and

      (b) cause a notice in the prescribed form to be displayed in a conspicuous place on board the ship and the notice shall remain displayed and shall be legible while the ship is at sea.

      (3) The master or owner of a Ghanaian load line ship who fails to comply with a provision of this section commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

    • (1) Where it is found upon an inspection referred to in section 326 that a ship is loaded in contravention of section 319, the ship may be detained and proceedings may be taken against the master or owner of the ship under section 319.

      (2) Where the load lines on the ship are not marked as specified in the certificate, the ship may be detained until the omission has been rectified to the satisfaction of the surveyor.

      (3) Where on an inspection a ship is found to have been so materially altered in respect of the matters referred to in section 326 (2) (c) or (d) or so undermanned that it is manifestly unfit to proceed to sea without danger to human life, the ship shall be detained.

      (4) Where a ship has been detained under subsection (3), the Director-General shall order the ship to be released as soon as the Director-General is satisfied that the ship is fit to proceed to sea without danger to human life.

    • The Minister may make Regulations relating to

      (a) the safe carriage and stowage of bulk cargoes having due regard to the Code of Safe Practice for Solid Bulk Cargoes and the International Grain Code adopted by the International Maritime Organization; and

      (b) the safe carriage and stowage of grain in accordance with the International Convention for the Safety of Life at Sea, of 1974 as amended.

    • (1) Where grain is loaded on board any ship, or is loaded at any port in Ghana on any ship, all necessary and reasonable precautions shall be taken to prevent the grain from shifting and if the precautions are not taken, the owner or the master or any agent of the owner who is responsible for the loading or with sending the ship to sea laden with the grain, commits an offence and the ship shall be considered for the purposes of this Act to be unsafe by reason of improper loading.

      (2) Where any ship, loaded with grain outside Ghana without necessary and reasonable precautions having been taken to prevent the grain from shifting, enters any port in Ghana so laden, the owner or master commits an offence and the ship shall be considered for the purposes of this Act to be unsafe by reason of improper loading.

      (3) No offence is committed under subsection (2) where the ship would not have entered the port but for stress of weather or force majeure, which neither the master, the owner nor the charterer, if any, could have prevented or forestalled.

      (4) Any person authorized by the Director-General to ensure the observance of the provisions of this section may inspect the grain and the mode in which it is stowed and shall have all the powers of a surveyor of ships under this Act.

    • Any person who contravenes section 329 commits an offence and is liable on summary conviction to a fine net exceeding 500 penalty units or to term of imprisonment not exceeding 2 years or to both.

    • (1) The Minister may by Regulations specify which goods, articles or materials carried on a ship are dangerous goods in accordance with the International Convention for the Safety of Life at Sea, 1974 as amended or with any other Convention which may be ratified by Ghana, and the Regulations shall have regard to the International Maritime Dangerous Goods Code (IMDG) of the International Maritime Organization.

      (2) Without limiting the generality of subsection (1), the Minister may by Regulations prescribe

      (a) the method of packing and stowing goods;

      (b) the quantity of goods which may be carried in any ship;

      (c) the place or places within a ship in which goods may be carried;

      (d) the marking that is to be placed on any package or container in which goods may be placed for shipment; and

      (e) the precautions that shall be taken with respect to the carriage of the goods and the powers of inspection to determine compliance with the provisions of the Regulations.

    • (1) A person shall not send by or carry in a Ghanaian ship, except in accordance with Regulations made under this Act, any dangerous goods, except that this section shall not apply to ships in distress or to the carriage of military stores under conditions authorized by the Minister in writing.

      (2) A person shall not send by or carry in a Ghanaian ship dangerous goods without first

      (a) distinctly marking their nature on the outside of the outermost package containing the goods in a prescribed manner; and

      (b) giving a written notice of the nature of the goods and of the name and address of the sender to the master or owner of the ship.

      (3) This section applies to all foreign ships while loading at any place in Ghana as they apply to Ghanaian ships.

      (4) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years or to both.

    • (1) The master or owner of any ship may refuse to take on board any package or parcel that the master or owner suspects might contain dangerous goods and may require the package to be opened to ascertain its nature.

      (2) When any dangerous goods, or any goods that in the opinion of the master or owner of the ship are dangerous goods, have been sent on board a ship without the marking or the written notice described in section 332 the master or owner of the ship may dispose of the goods, together with any package or container in a manner that will not cause damage to the environment.

      (3) Neither the master nor the owner of the ship shall be subject to civil or criminal liability in any court in respect of an action taken under sub-section (2).

    • (1) Where any dangerous goods have been sent by or carried in any ship in a manner that would constitute an offence under this Part, a court may order the goods and any packaging or container to be forfeited to the State.

      (2) The court may exercise the powers conferred by subsection (1) notwithstanding that

      (a) the owner of the goods concerned has not committed any offence in respect of the goods, or is not before the court, or has had no notice of the proceedings; and

      (b) there is no evidence to show to whom the goods belong, but the court may direct notice to be given to the owner or shipper of the goods before they are forfeited.

    • In this Part "unseaworthy ship" means a ship which by reason of the defective condition of its hull, equipment or machinery, or by reason of undermanning, overloading or improper loading, is unfit to proceed to sea without serious danger to human life and the marine environment, having regard to the nature of the service for which the ship is intended.

    • (1) Any person who sends or attempts to send any Ghanaian or foreign ship to sea from any port in Ghana in such an unseaworthy state that the life of any person is likely to be endangered commits an offence, unless that person proves

      (a) that that person used all reasonable means to ensure that the ship was sent to sea in a seaworthy state; or

      (b) that sending the ship to sea in such an unseaworthy state was in the circumstances reasonable and justifiable.

      (2) A prosecution under this section shall not be instituted except with the consent of the Director-General.

      (3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding 2500 penalty units or to imprisonment for a term not exceeding 3 years or to both.

    • (1) Where the Director-General or a surveyor has reason to believe that a ship at a port in Ghana is an unseaworthy ship, whether on a complaint, representation or otherwise made to the Director-General in sufficient time before the sailing of the ship, the Director-General shall ascertain whether the ship ought to be detained or not.

      (2) Where the Director-General or surveyor is satisfied that the ship is an unseaworthy ship, the Director-General may in the case of

      (a) a foreign ship, cause the ship to be detained; and

      (b) a Ghanaian ship, cause its Safety Certificates to be suspended, until the Director-General is satisfied that the ship is fit to proceed to sea.

      (3) Where the ship is detained under subsection (2), the Director-General may take any measures the Director-General considers necessary to prevent the ship from sailing while it is an unseaworthy ship.

    • (1) The Director-General may order a ship in a port in Ghana to be temporarily detained for the purpose of being surveyed if the Director-General has reason to believe whether on a complaint or otherwise, that the ship is unseaworthy.

      (2) Where a ship is detained under sub-section (1),

      (a) a written statement of the grounds of the detention shall immediately be served on the master or owner of the ship;

      (b) in the case of a foreign ship a copy of the order shall immediately be served on the consular officer for the country to which the ship belongs and where there is no such consular officer in this country on the consular officer in the country nearest to the port in which the ship is detained;

      (c) the Director-General may appoint a competent person to survey the ship and submit a report on the survey to the Director-General;

      (d) the owner or master of the ship may before a person appointed under paragraph (c) to survey the ship undertakes the survey, require that person to be accompanied by a person selected by the owner or master from among the assessors of the Court of Survey for the port referred to in section 429 of this Act;

      (e) where the persons appointed to survey a ship agree that the ship is unseaworthy, the Director-General shall cause the ship to be detained or released as the circumstances may require but without prejudice to any appeal under subsection (4) or where they do not agree, the Director-General shall act on the report submitted by the surveyor appointed under subsection (2) (c); and

      (f) in the case of a foreign ship, the consular officer referred to in paragraph (b) may, on the request of the owner or master of the ship, require that any person appointed under paragraph (c) to survey the ship undertakes the survey.

      (3) The Director-General may on receipt of the report, on a ship referred to in subsection (2)

      (a) order the ship to be released, or

      (b) where in his opinion the ship is unseaworthy, subject to subsection (4), order her to be detained either absolutely or until compliance with such conditions with respect to the execution of repairs and alterations, or the unloading or reloading of cargo, or the manning of the ship as the Director-General thinks necessary for the protection of human life, and may vary or add to any such order.

      (4) Before an order for the final detention of a ship under subsection (3) is made, a copy of the survey report on the ship shall be served on the master or owner of the ship who may appeal in the prescribed manner to a Court of Survey constituted under Part XV of this Act.

      (5) Where a ship has been temporarily detained under subsection (1), the Director-General may at any time, if the Director-General considers it necessary, refer the matter to the Court of Survey.

      (6) The Director-General may at any time, if satisfied that a ship detained under this section is seaworthy, order it to be released either upon conditions or without any condition.

    • (1) The Director-General may order a ship in a port in Ghana to be temporarily detained for the purpose of being surveyed if the Director-General has reason to believe whether on a complaint or otherwise, that the ship is unseaworthy.

      (2) Where a ship is detained under sub-section (1),

      (a) a written statement of the grounds of the detention shall immediately be served on the master or owner of the ship;

      (b) in the case of a foreign ship a copy of the order shall immediately be served on the consular officer for the country to which the ship belongs and where there is no such consular officer in this country on the consular officer in the country nearest to the port in which the ship is detained;

      (c) the Director-General may appoint a competent person to survey the ship and submit a report on the survey to the Director-General;

      (d) the owner or master of the ship may before a person appointed under paragraph (c) to survey the ship undertakes the survey, require that person to be accompanied by a person selected by the owner or master from among the assessors of the Court of Survey for the port referred to in section 429 of this Act;

      (e) where the persons appointed to survey a ship agree that the ship is unseaworthy, the Director-General shall cause the ship to be detained or released as the circumstances may require but without prejudice to any appeal under subsection (4) or where they do not agree, the Director-General shall act on the report submitted by the surveyor appointed under subsection (2) (c); and

      (f) in the case of a foreign ship, the consular officer referred to in paragraph (b) may, on the request of the owner or master of the ship, require that any person appointed under paragraph (c) to survey the ship undertakes the survey.

      (3) The Director-General may on receipt of the report, on a ship referred to in subsection (2)

      (a) order the ship to be released, or

      (b) where in his opinion the ship is unseaworthy, subject to subsection (4), order her to be detained either absolutely or until compliance with such conditions with respect to the execution of repairs and alterations, or the unloading or reloading of cargo, or the manning of the ship as the Director-General thinks necessary for the protection of human life, and may vary or add to any such order.

      (4) Before an order for the final detention of a ship under subsection (3) is made, a copy of the survey report on the ship shall be served on the master or owner of the ship who may appeal in the prescribed manner to a Court of Survey constituted under Part XV of this Act.

      (5) Where a ship has been temporarily detained under subsection (1), the Director-General may at any time, if the Director-General considers it necessary, refer the matter to the Court of Survey.

      (6) The Director-General may at any time, if satisfied that a ship detained under this section is seaworthy, order it to be released either upon conditions or without any condition.

    • (1) An order varying a temporary or final order for the detention of an unseaworthy ship shall be served as soon as possible on the master or the owner of the ship.

      (2) A ship detained under this Act shall not be released because of the Ghanaian registry of the ship being closed.

    • (1) A surveyor shall have the same power as the Director-General under section 339 to order the temporary detention of a ship for the purpose of survey or for ascertaining the sufficiency of the ships crew and of appointing a person to survey the ship.

      (2) Where a surveyor is satisfied that a ship detained by the surveyor is seaworthy the surveyor may order the release of that ship.

      (3) A surveyor detaining a ship under subsection (1) shall immediately report to the Director-General any order made by the surveyor for the detention or release of the ship.

      (4) A person who surveys a ship under paragraph (2) (c) of section 339 and any surveyor who detains a ship under subsection (1), shall for the purpose of the survey and detention, have the same power as a person appointed by a Court of Survey to survey a ship, which shall include the power to muster the crew of the ship.

    • (1) Where it appears that there was no reasonable or probable cause, by reason of the condition of a ship or the act or default of the owner, for the temporary detention of the ship under this Part, as an unseaworthy ship, the Director-General is liable to pay to the owner of the ship

      (a) the costs incidental to the detention and survey of the ship; and

      (b) compensation for any loss or damage sustained by the owner because of the detention or survey.

      (2) Where a ship detained temporarily or otherwise under this Act, was at the time of the detention unseaworthy, the owner of the ship is liable to pay to the Director-General the costs incidental to the detention and survey of the ship.

      (3) These costs shall without prejudice to any other remedy, be recoverable in the same manner as salvage is recoverable.

      (4) For the purposes of this Act, the costs and incidental expenses to any proceedings before a Court of Survey, and a reasonable amount in respect of the remuneration of the person appointed as surveyor under paragraph (2)(c) of section 339 or any person appointed to represent the Director-General, shall be part of the costs of the detention and survey of the ship.

      (5) A dispute as to the amount of the costs of the detention and survey of a ship may under this Part be referred to a court which shall on the request of the Director-General, ascertain and certify the proper amount of the costs.

    • (1) Where a complaint is made to the Director-General or a surveyor that a ship is unseaworthy, the complainant may be required to give security to the satisfaction of the Director-General or surveyor, as the case may be, for any costs and compensation which the complainant may become liable to pay under subsection (3).

      (2) The security referred to in subsection (1) shall not be required where the complaint relating to a ship

      (a) is made by at least three of the seafarers belonging to the ship; and

      (b) is not in the opinion of the Director-General or surveyor frivolous or vexatious, as the case may be,

      but in such a case the Director-General or surveyor shall if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained.

      (3) Where a ship is detained in consequence of any complaint under subsection (1), and the circumstances are such that the Director-General is liable under section 342 to pay to the owner of the ship any costs or compensation, the complainant is liable to pay to the Authority all the costs and compensation the Authority incurs or is liable to pay in respect of the detention and survey of the ship.

    • (1) The cost, if any, of a survey of a ship conducted under section 345 shall be determined by the Authority according to a prescribed scale of fees.

      (2) Where it is proved that a ship surveyed under section 344 is in a fit condition to proceed to sea, or that the accommodation in the ship is sufficient or complies with the prescribed requirements of the ship, the cost of the survey shall be paid by the person upon whose demand or in consequence of whose allegation the survey was made.

      (3) The cost may be deducted by the master or owner of the ship from the wages payable or that may become due to that person, and shall be paid to the Authority.

      (4) Where it is proved that the ship is not in a fit condition to proceed to sea, or that the accommodation in the ship is not sufficient or does not comply with any prescribed requirements, the master or owner of the ship shall pay the costs of the survey to the Authority, and in addition, be liable to pay to the seafarer who has been charged in any proceedings referred to in section 344 such compensation as the court may award.

    • (1) The Principal Receiver of Wreck shall exercise general direction and supervision over all matters relating to a receiver of wreck, wreck and salvage.

      (2) The Director-General may designate any person to be a receiver of wreck in any specified area and to perform the duties of a receiver of wreck under this Part.

      (3) When a receiver is absent, the following officers or persons each in succession in the absence of the other, may do anything authorised to be done by the receiver under this Part

      (a) any officer of Customs, Excise and Preventive Service; or

      (b) any police officer.

      (4) An officer acting under subsection (3) shall

      (a) with respect to any goods or articles that belong to a ship, which are required under this Part to be delivered to a receiver, be considered the agent of the receiver;

      (b) place the goods and articles in the custody of the receiver;

      (c) not be entitled to any fees payable to a receiver; and

      (d) not be deprived of any right to salvage to which the officer would otherwise be entitled.

    • (1) Where a vessel is wrecked, stranded or in distress in Ghanaian waters or on the shores of Ghana, the receiver for the area shall upon being made aware of the circumstances, immediately go to the place, and upon arrival take command of all persons present, and assign such duties and give directions to each person present as the receiver thinks fit for the preservation of the vessel and of the lives of persons the vessel, the cargo and apparel on the ship.

      (2) A person who, without reasonable excuse, wilfully disobeys the directions of the receiver commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to imprisonment for a term not exceeding 12 months or to both.

      (3) Nothing in this section shall be construed to authorize the receiver to interfere in any matter arising between the master and crew of the vessel concerning the management of the vessel, unless the receiver is requested to do so by the master.

    • (1) Where a vessel is wrecked, stranded or in distress, any person may for the purpose of rendering assistance to the vessel and its cargo or apparel or of saving the life of any person

      (a) pass and repass, with or without vehicles, machinery or equipment over any adjoining lands unless there is a public road equally convenient; and

      (b) deposit on those lands any cargo or other articles recovered from the vessel,

      without being hindered or being subject to liability for trespass by the owner or occupier, but the person may not cause any more damage to the adjoining lands than is reasonably necessary for the purpose of rendering the assistance.

      (2) Any damage sustained by the owner or occupier of a land as a result of the exercise of the rights conferred by sub-section (1) shall be a charge on the vessel and its cargo or articles in respect of which the damage is caused, and the amount payable in respect of the damage shall in case of dispute be determined and be recoverable in the same manner as the amount of salvage is determined and recovered under this Part.

      (3) An owner or occupier of land who

      (a) impedes or hinders any person in the exercise of the rights conferred under subsection (1), whether by locking gates or refusing upon request to open gates; or

      (b) impedes or hinders the deposit of any cargo or other articles recovered from a vessel as mentioned above on the land; or

      (c) prevents or endeavours to prevent any cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place of public deposit,

      commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to imprisonment for a term not exceeding 12 months or to both.

    • (1) Where a person finds or takes possession of a wreck within Ghana, or where a wreck found or taken possession of outside Ghana is brought within Ghana, the person who finds the wreck or takes possession shall

      (a) if the person is the owner, give notice to the receiver for the area in which the wreck is, stating that the person has found or taken possession of the wreck and describing the marks by which the wreck may be recognized, or

      (b) if the person is not the owner, as soon as possible deliver the wreck to the receiver of the area.

      (2) The Director-General may dispense with a delivery required under subsection (1)(b) in respect of any wreck upon such condition as the Director-General thinks fit.

      (3) A person who fails, without reasonable cause, to comply with subsection (1) relating to any wreck commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units and in addition shall, if the person is not the owner,

      (a) forfeit any claim to salvage; or

      (b) pay to the owner of the wreck, if it is claimed, or if it is unclaimed, to the person entitled to it, twice the value of the wreck, which may be recovered in the same way as a judgment by the Court.

    • (1) Where a vessel is wrecked, stranded or in distress in Ghanaian waters or on the shores of Ghana, any cargo or other articles belonging to or separated from the vessel which are washed ashore or otherwise lost or taken from the vessel shall be delivered to a receiver.

      (2) Any person whether the owner or not of any cargo or article referred to in subsection (1) who conceals or keeps possession of any cargo or article or refuses to deliver any such cargo or article to the receiver or any person authorized by the receiver to demand the cargo or article, commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to imprisonment for a term not exceeding 12 months or to both.

      (3) A receiver or a person authorized by the receiver to demand the delivery to the receiver or authorised person of any cargo or article referred to in subsection (1) may take the cargo or article by force from the person refusing to deliver it to the receiver or authorised person.

    • (1) The owner of a wreck in the possession of the receiver, upon establishing the owner's claim to the satisfaction of the receiver within six months from the time when the wreck came into the possession of the receiver and on paying the salvage fees and other expenses due, is entitled to have the wreck or the proceeds of it delivered to the owner.

      (2) Where a wreck or other article which belongs to or forms part of a foreign vessel which has been wrecked in Ghanaian waters or on the shores of Ghana, is found on or near the shores of Ghana, the consular officer of the country to which the vessel belongs, or in the case of cargo, the consular officer of the country of which the owner of the cargo is a citizen shall in the absence of the owner and of the master or other agent of the owner, be considered to be the agent of the owner, so far as relates to the custody and disposal of the wreck or other article.

    • (1) The receiver may at any time sell any wreck in the receiver's custody, if in the receiver's opinion it

      (a) is under the value of the cedi equivalent of US$2,500,

      (b) is so damaged or of such perishable nature that it cannot be kept without it losing its value;

      (c) is not of sufficient value to pay for storage; or

      (d) has not been removed within a time specified by the owner.

      (2) The proceeds of any sale made under subsection (1) shall, after defraying the expenses be held by the receiver for the same purposes, and be subject to the same claim, rights and liabilities as if the wreck had remained unsold.

    • (1) Wrecks that constitute foreign goods being brought into Ghana shall be subject to the same duties as those to which such goods would be subject if they were imported into Ghana.

      (2) Where any question arises as to the origin of any goods referred to in subsection (1), they shall be considered to be the produce of such country as the Commissioner of Customs, Excise and Preventive Service may on investigation determine.

      (3) The Commissioner of Customs, Excise and Preventive Service shall permit

      (a) all goods, wares and merchandise save from any ship stranded or wrecked on its southbound voyage to be forwarded to the port of its original destination; and

      (b) all goods, wares and merchandise saved from any ship stranded or wrecked on its northbound voyage to be returned to the port at which they were shipped,

      but the Commissioner of Customs, Excise and Preventive Service shall take security for the due protection of those goods.

    • The Government shall be entitled to all unclaimed wreck found within any part of Ghana or found or taken possession of outside Ghana and brought within Ghana, except where the Government has granted to any person the right to the wreck.

    • Where no owner establishes a claim to a wreck which

      (a) has been found in Ghana or found or taken possession of outside Ghana and brought into Ghana; or

      (b) has been in the possession of a receiver of wrecks for six months,

      the receiver shall sell the wreck and pay to the State the proceeds of sale after deducting the expenses of the sale, the fees payable to the receiver and such amount of salvage payable to salvors as the Director-General may in each case determine.

    • Upon delivery of any wreck or payment of the proceeds of sale of any wreck by the receiver of the wreck under this Part, the receiver shall be discharged from all liability but the delivery shall not prejudice or affect any question which may be raised by third parties concerning the right or title to the wreck.

    • (1) Where any vessel is sunk, stranded, wrecked or abandoned in any port, harbour, lake, river, waterway or water course in the country under the control of any public authority in such manner as in the opinion of the authority, is likely to be an obstruction or danger to navigation or to life boats engaged in life boat service in that port, harbour, lake, river, waterway or watercourse, the relevant authority shall serve notice on the owner of the vessel to remove the vessel within 30 days of receipt of the notice and if the owner fails to remove the vessel within the specified period, the relevant authority may

      (a) take possession of, and raise, remove or destroy the whole or any part of the vessel;

      (b) light or buoy the vessel or part of the vessel until it is raised, removed or destroyed;

      (c) subject to subsections (2) and (3), sell in a manner that it thinks fit the vessel or the part raised or removed, and also any other property recovered in the exercise of its powers under this section, and out of the proceeds of the sale reimburse itself for the expenses incurred, and hold the remainder, if any, in trust for the persons entitled to it, except that the remainder shall be paid to the relevant authority unless it is claimed by a person entitled to it within one year of the sale.

      (2) Except in the case of property which is of a perishable nature, or which would deteriorate in value by delay, a sale shall not be made under this section, until at least seven clear days notice of the intended sale has been given, either by advertisement in a local newspaper circulating in or near the district in which the relevant authority is located, or in such other manner as the relevant authority thinks fit.

      (3) If before a property is sold under this section, the owner pays to the relevant authority the expenses of the removal and the storage and the cost of any notice issued by the authority, the property shall be delivered to the owner.

      (4) The valued of the property if it is to be sold shall be ascertained by agreement between the authority and the owner or, failing such agreement, by a person named for the purpose by the Director-General.

      (5) Any sum received by the authority referred to in subsection (1) in respect of any property, under subsection (3) shall for the purposes of subsection (1), be considered to be the proceeds of sale of the property.

      (6) Where the proceeds of sale of any property sold under this section are less than the cost incurred by the relevant authority, that authority may recover the difference from the owner of the vessel concerned by civil action.

      (7) In the event that the wreck has no value, the authority may, acting under this section claim the expenses of removal from the owner of the wreck.

    • (1) Where a person, who is the owner of a vessel or a wrecked, submerged, sunken or stranded vessel or who is the agent or servant of the owner, wishes to break up the vessel prior to its removal from Ghana, the person shall before commencing salvage or breaking up operations, obtain the written permission of a receiver.

      (2) On receipt of an application for permission to break up a vessel, the receiver may before granting the permission

      (a) stipulate conditions the receiver considers necessary to minimise the risks or effects of any pollution; and

      (b) require security of a reasonable amount as the receiver considers necessary to ensure the safe and effective removal of the vessel or any portion of it.

      (3) A person who, without the prior written permission of a receiver, does or causes to be done any salvage or breaking up operations of any vessel or any wrecked, submerged, sunken or stranded vessel lying within Ghana commits an offence and is liable on summary conviction to a fine not exceeding 1000 penalty units or to imprisonment for a term not exceeding 3 years or to both.

    • The provisions of this Part relating to the removal of wrecks shall apply to every article or thing that is or forms part of the tackle, cargo, stores, bunkers or ballast of a vessel.

    • A person who takes any vessel whether stranded, derelict or otherwise in distress, found in Ghana into any foreign port and sells and vessel or any part of the cargo or apparel or anything that belongs to that vessel or the wreck commits an offence and is liable on summary conviction to a fine not exceeding 2500 penalty units or to a term of imprisonment not exceeding 3 years or to both.

    • (1) A person shall not without the leave of the master, board or endeavour to board a vessel which is wrecked, stranded or in distress, unless the person acts under the authority of the receiver or a person lawfully acting as a receiver.

      (2) Any person who contravenes subsection (1)

      (a) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both; and

      (b) may be removed by the master of the vessel, if necessary, by force.

      (3) A person who refuses to allow any person duly authorized by a receiver to board any wreck commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to imprisonment for a term not exceeding 12 months or to both.

    • (1) A person shall not

      (a) impede or hinder or attempt in any manner to impede or hinder, the saving of

      (i) any vessel stranded or in danger of being stranded or otherwise in distress; or

      (ii) any part of the cargo or apparel of any wreck,

      (b) conceal any wreck or deface or obliterate any marks on it; or

      (c) without good cause carry away or remove any part of a vessel stranded or in danger of being stranded or otherwise in distress, or any part of the cargo or apparel or any wreck.

      (2) Any person who contravenes any provision in subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding 2 years or to both.

    • A receiver may under this section apply to a Magistrate for a search warrant where the receiver suspects or receives information that a wreck is secreted or is in the possession of some person who is not the owner or that a wreck is otherwise being improperly dealt with.

    • For the purposes of this Part

      "damage to the environment" means substantial physical damage to human health or resources in coastal or inland waters or areas adjacent to these places, caused by pollution, contamination, fire, explosion or similar major incidents;

      "maritime casualty" means a collision of vessels, stranding or other incident of navigation or other occurrence on board a vessel or external to it, resulting in material damage or imminent threat of material damage to the vessel or cargo;

      "salvor" means a person rendering salvage services;

      "salvage operation" means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters;

      "salvage services" means services rendered in direct connection with salvage operations;

      "property" means any property not permanently and intentionally attached to the shoreline and includes freight at risk;

      "Salvage Convention" means the International Convention on Salvage of 1989.

    • This Part does not apply to fixed or floating platforms or to mobile off-shore drilling units when the platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.

    • (1) This Part does not apply to warships or other non-commercial vessels owned or operated by a foreign State and entitled at the time of salvage operations to sovereign immunity under generally recognized principles of public international law unless that state has decided to apply the Salvage Convention to the ships or vessels.

      (2) For the purposes of any proceedings under this Act, a certificate signed by the Secretary-General of the International Maritime Organization, setting out a state's decision to apply the Salvage Convention to ships and vessels referred to in subsection (1) and the terms and conditions of the application, is prima facie evidence.

    • (1) Where services are rendered

      (a) wholly or in part in Ghanaian waters in saving life from any vessel or aircraft; or

      (b) outside Ghanaian waters, in saving life on any Ghanaian vessel, the owner of the vessel, aircraft, cargo or apparel in respect of which the life was saved shall pay to the salvor a reasonable amount of salvage to be determined in the manner set out in this Part.

      (2) Salvage in respect of the preservation of life, when payable by the owners of a vessel shall have priority over all other claims for salvage.

      (3) No salvage shall be due from a person who has been saved.

    • (1) Where any vessel or aircraft is wrecked, stranded or in distress in Ghanaian waters or on the shores of Ghana and services are rendered by any person

      (a) in assisting the vessel or aircraft or saving the cargo or apparel of the vessel or any part of it; or

      (b) other than the receiver of wrecks,

      the owner of the vessel, aircraft, cargo, apparel or wreck shall pay to the salvor, a reasonable amount of salvage, which shall be determined in the manner set out in this Part.

      (2) A salvor of human life, who has participated in services in the event of a maritime casualty salvage shall be entitled to an appropriate share of the remuneration awarded to the salvor for salvaging the vessel or other property or preventing or minimizing damage to the environment.

    • Nothing in this Part entitles any person to salvage remuneration,

      (a) in respect of salvage services rendered contrary to any express and reasonable prohibition of the services on the part of the vessel or aircraft or by the owner of property to which the services are rendered; or

      (b) in respect of services rendered by a tug

      (i) to the vessel or aircraft which the tug is towing; or

      (ii) in relation to the cargo of that vessel or aircraft

      except where the services are of an exceptional character outside the scope of the contract of towage;

      (c) if that person caused the distress giving rise to the salvage, either intentionally or through negligence; and

      (d) if and to such extent as it appears that that person has concealed or unlawfully disposed of any property salvaged.

    • (1) Except as otherwise provided in section 382, no remuneration is due under this Act if the salvage operations had no useful result.

      (2) A salvor is entitled to remuneration under this Part notwithstanding that the vessel, or aircraft performing the salvage operation and the vessel, aircraft, cargo or other property salvaged belong to the same owner.

    • (1) Sections 397 to 404 apply to any salvage operation unless a contract expressly or by implication provides otherwise.

      (2) The master of a Ghanaian vessel shall with the owner's consent, have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel and the master and the owner of a Ghanaian vessel shall have the authority to conclude contracts on behalf of the owner of the property on board the vessel.

      (3) Nothing in this section shall affect the application of section 376 or the duties to prevent or minimize damage to the environment provided in paragraph (b) of section 379 and paragraph (b) of section 380.

    • Any contract relating to salvage or any of its terms may be annulled or modified by a court, where it appears to the court that

      (a) the contract had been entered into under undue influence or the threat of danger and the terms of the contract and inequitable; or

      (b) the payment under the contract is in an excessive degree, too large or too small for the services actually rendered.

    • A salvor owes a duty to the owner of the vessel or other property in danger to

      (a) carry out the salvage operation with due care;

      (b) exercise due care to prevent or minimize damage to the environment in performing the duty specified in paragraph (a) of this section;

      (c) seek assistance from other salvors whenever the circumstances reasonably so require; and

      (d) accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger, except that the amount of the salvor's reward shall not be prejudiced where the salvor proves that the request was unreasonable.

    • The owner or master of a vessel or the owner of other property in danger owes a duty to the salvor

      (a) to co-operate fully with the salvor during the course of the salvage operations;

      (b) in performing the duty specified in paragraph (a) to exercise due care to prevent or minimize damage to the environment; and

      (c) when the vessel or other property has been brought to a place of safety to accept delivery when reasonably requested to do so by the salvor.

    • (1) The Director-General in consultation with the Minister and the Environmental Protection Agency shall

      (a) give directions in relation to any salvage operation, and

      (b) take measures in accordance with generally recognized principles of public international law to protect the environment from pollution following a maritime casualty or acts relating to such casualty which may reasonably be expected to result in harmful consequences to the environment.

      (2) The Director-General shall in pursuit of subsection (1) take into account the need for co-operation among salvors, other interested parties and the Authority in order to ensure the efficient and successful performance of salvage operations for the purpose of saving life and property in danger as well as preventing damage to the environment.

      (3) Any public officer or other person acting under the directions of the Director-General shall be under a duty to exercise due care in preventing or minimizing damage to the environment.

      (4) Any public authority or an officer who is reasonably within the vicinity of a vessel or person in distress or danger of being lost at sea shall render assistance to salve the vessel and life by co-operating in

      (a) the procurement and provision of facilities to the salvors;

      (b) the admission to the port of vessels in distress;

      (c) ensuring the efficient and successful performance of the salvage operation for the purpose of salvaging life and property; and

      (d) preventing or minimising damage to the environment.

    • Salvage reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria:

      (a) the salved value of the vessel and other property;

      (b) the skill and effort of the salvors in preventing or minimizing damage to the environment;

      (c) the measure of success obtained by the salvor;

      (d) the nature and degree of the danger;

      (e) the skill and efforts of the salvors in salvaging the vessel, other property and life;

      (f) the time used and the expenses and losses incurred by the salvors;

      (g) the risk of liability and other risks run by the salvors or their equipment;

      (h) the promptness of the services rendered;

      (i) the availability and use of vessels or other equipment intended for salvage operations; and

      (j) the state of readiness and efficiency of the salvors' equipment and their value.

    • The salvage remuneration excluding any interest and recoverable legal costs that may be payable shall not exceed the salvaged value of the vessel and other property salvaged.

    • (1) A salvor is entitled to special compensation equivalent to the expenses of the salvor from the owner of a vessel where the salvor has carried out salvage operations in respect of the vessel itself or its cargo which was a threat to the environment and has failed to earn a reward under this Part which is equivalent to the special compensation assessable under subsections (2) and (3) or as defined in subsection (4).

      (2) Where in the circumstances stated in subsection (1), the salvor has by salvage operations prevented or minimized damage to the environment, the special compensation payable by the owner to the salvor under subsection (1) may be increased up to a maximum of thirty percent of the expenses incurred by the salvor.

      (3) A court or a person determining the award may where it is considered fair and just increase the special compensation, bearing in mind the criteria set out in section 382; but in no event shall the total increase be more than one hundred percent of the expenses incurred by the salvor.

      (4) For the purposes of this section "salvor's expenses" means the out of pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in paragraphs (h), (i) and (j) of section 382.

      (5) The total special compensation assessable under this section shall be paid only if and to the extent that the compensation is greater than any reward recoverable under section 382.

      (6) Where the salvor, in carrying out the salvage operations, has acted negligently and failed to prevent or minimize damage to the environment, the salvor may be deprived of the whole or a part of any special compensation payable under this section.

      (7) Nothing in this section shall affect any right of other recourse available to the owner of the vessel.

    • No payment shall become due under this Part unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger giving rise to the salvage operations arose.

    • (1) Where any dispute relating to salvage arises, the receiver of the area where the property is situated in respect of which the salvage claim is made may, on the application of either party, appoint a valuer to value the property, and where a valuation is made the receiver shall give copies of the valuation to both parties.

      (2) A copy of a valuation made under subsection (1) signed by the valuer as certified true copy shall be admissible in evidence in any subsequent proceedings.

      (3) The Authority may determine the fees which shall be paid in respect of any valuation made under this section by the person applying for the valuation.

    • (1) The apportionment of a reward, fixed under section 382 between salvors shall be made on the basis of the criteria listed in that section.

      (2) The apportionment between the owner, master and other persons in the service of each salvaging vessel shall be determined by the law of the State in which the vessel is registered.

      (3) Where the salvage referred to in subsection (1) has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and the servant of the salvor and in the absence of formal contract the court or person determining the apportionment and disbursement shall apply general principles of law to the cases in order to reach a just and equitable decision.

    • A salvor may be deprived of the whole or part of the payment due to that salvor under this Part to the extent that the salvage operation has become unnecessary or more difficult because of a fault or neglect on the salvor's part or if the salvor has been guilty of fraud or other dishonest conduct.

    • A salvor's maritime lien shall not be affected under Part III of this Act except that the salvor may not enforce the salvor's lien when reasonable security for the salvor's claim, including interest and costs, has been duly tendered or provided.

    • (1) A person liable to make a payment under this Act shall upon the request of the salvor give security to the satisfaction of the salvor for the claim, including interest and costs of the salvor.

      (2) Notwithstanding subsection (1), the owner of the salvaged vessel shall take all reasonable steps to ensure that the owners of the cargo provide security to the satisfaction of the owner of the vessel or of the salvor for the claims against the owners of the cargo, including interest and costs, before the cargo is released.

      (3) The salvaged vessel and its property shall not without the consent of the salvor be removed from the port or place at which they first arrive after the completion of the salvage operation, until security to the satisfaction of the salvor has been put up for the salvor's claim against the relevant vessel or its property.

      (4) A court may upon application by the salvor in a dispute between the salvor and the person liable to pay for the claim under this Part, or between the owner of the vessel and the owner of the cargo, relating to security to be provided, decide the amount and the terms of the security.

    • (1) The court adjudicating the claim of the salvor may upon the application of the salvor, make an interim order for payment to the salvor of such amount as the court may consider fair and just.

      (2) In the event of any interim payment under subsection (1) the security provided under section 390 shall be reduced accordingly.

    • Non-commercial cargoes owned by a state and entitled at the time of salvage operations, to sovereign immunity under recognized principles of public international law, shall not be subject to seizure, arrest or detention by any legal process, or to any action in rem without the express consent of the state owner of the cargo.

    • No humanitarian cargoes donated by a state shall be subject to seizure, arrest or detention, where the state has agreed to pay for salvage services rendered in respect of the humanitarian cargoes.

    • (1) Disputes as to the amounts of salvage, whether of life or property and whether rendered within or outside Ghana arising between the salvor and the owners of any vessel, aircraft, cargo, apparel or wreck shall if not settled by agreement, arbitration or otherwise, be determined summarily by a District Court where

      (a) the parties to the dispute consent;

      (b) the value of the property salvaged does not exceed the cedi equivalent of US $50,000; or

      (c) the amount claimed does not exceed the cedi equivalent of US $50,000.

      (2) A dispute relating to salvage may be determined on the application either of the salvor or of the owner of the property salvaged or of their respective agents.

      (3) The court or the arbitrators to whom a dispute on salvage is referred for determination may for the purpose of determining the dispute invite as an assessor, any person knowledgeable in maritime affairs who shall be paid as part of the costs of the proceedings, such sum as may be determined by the court or the parties for the services of that person.

    • (1) Disputes relating to salvage which are to be determined summarily as set out in section 394 shall

      (a) where the dispute relates to the salvage of a wreck, be referred to the District Court that has jurisdiction at or near the place where the wreck is found; or

      (b) where the dispute relates to salvage in the case of services rendered to any ship, aircraft, or to the cargo or apparel or in saving life be referred to a District Court at or near the port in Ghana into which the ship is first brought after the occurrence which gave rise to the salvage claim.

      (2) The District Court may for the purpose of determining the dispute seek the assistance of any person conversant with maritime affairs as an assessor and the assessor shall be paid in respect of the services of the assessor and as part of the cost of the proceedings such sum as the Authority may provide.

    • (1) Where salvage is due to any person under this Act, the receiver shall

      (a) where the salvage is due in respect of services rendered in assisting any vessel or aircraft or in saving life or in saving the cargo or apparel, detain the vessel or aircraft and cargo or apparel, and

      (b) where the salvage is due in respect of the saving of any wreck and the wreck is not sold as unclaimed under this Act, detain the wreck.

      (2) Excepts as otherwise provided in this Act, the receiver shall detain the vessel or aircraft and the cargo or apparel or the wreck, until payment is made for salvage or process is issued for the arrest or detention of the person liable to pay for the salvage by a court.

      (3) The receiver may release any vessel, aircraft, cargo, apparel or wreck detained under this section, where security is given

      (a) to the satisfaction of the receiver, or

      (b) to the satisfaction of a court where the claim for salvage exceeds the cedi equivalent of US $5000 and a question is raised as to the sufficiency of the security.

      (4) Any security given for salvage under this section exceeding the cedi equivalent of US $5000 may be enforced by a court in the same manner as if bail had been granted by that court.

    • (1) The receiver may sell any vessel, aircraft, cargo, apparel or wreck detained by the receiver under section 397, where the person liable to pay for the salvage in respect of which the property is detained is aware of the detention, in the following circumstances

      (a) where the amount is not disputed and payment of the amount due is not made within thirty days after it has become due,

      (b) where the amount is disputed but no appeal lies from the decision of the court to which the dispute was referred, and payment is not made within thirty days after the decision of the court, or

      (c) where the amount is disputed after a decision has been given by a court and payment is not made within thirty days or proceedings are not commenced for obtaining leave to appeal.

      (2) The proceeds of sale of any vessel, aircraft, cargo, apparel or wreck shall, after deduction of the costs of the sale, be applied by the receiver in payment of the costs of salvage.

      (3) The balance of the proceeds shall be paid to the owners of the property, or any other person entitled to the proceeds or in the absence of any such owners or person, to the Authority.

    • (1) Where the aggregate amount of salvage payable in respect of salvage services rendered in Ghana has been finally determined either by a District Court in the manner provided by this Part or by agreement and does not exceed the cedi equivalent of US $5000 and a dispute arises as to the apportionment among several claimants, the person liable to pay the amount may pay the amount to the receiver.

      (2) The receiver may, receive the amount referred to in subsection (1) and issue a receipt in respect of the amount with a certificate stating the amount paid and the services in respect of which it is paid.

      (3) A receipt issued under subsection (2) in respect of any amount shall be a full discharge and indemnity to the person by whom the amount is paid, against any claim.

      (4) The receiver shall promptly distribute the amount received by the receiver under this section among the persons entitled to it in such shares and proportions as the receiver considers fit, and may retain any money which appears to the receiver to be payable to a person who is absent.

    • Whenever the aggregate amount of salvage payable in respect of salvage services rendered in Ghana has been finally ascertained and the amount exceeds the cedi equivalent of US $1000 and whenever the aggregate amount of salvage payable in respect of salvage services rendered outside Ghana has been finally ascertained, if a delay or dispute arises as to its apportionment the court may

      (a) cause the amount to be apportioned among the persons entitled in a manner that it considers just, and may for that purpose, appoint any person to carry that apportionment into effect; or

      (b) compel any person in whose hands or under whose control the amount may be, to distribute the amount or to bring it into court to be dealt with as the court directs.

    • A salvor is entitled to be paid interest on any payment due to the salvor under this Part, and the amount of the interest shall be at the discretion of the court or person adjudicating the case.

    • (1) Where salvage services are rendered by or on behalf of the Government, or with the aid of Government property; the Government shall subject to any Regulations made under this section be entitled to claim salvage in respect of the services and shall have the same rights and remedies, as any other salvor.

      (2) Subject to the provisions of any law for the time being in force relating to proceedings against the Government, this Part shall apply in relation to salvage services rendered in assisting any ship or aircraft of the Government, or in saving life from it, or in saving any cargo or equipment belonging to the Government, in the same manner as if the ship or aircraft or cargo or equipment belonged to a private person.

      (3) Nothing in this Part shall prejudice the right of a salvor carrying out salvage under section 379 to avail that salvor of the rights and remedies provided in this Part including remuneration where the salvage operation is voluntary and beyond the normal official duties of the salvor.

    • (1) An action shall not be instituted in respect of any salvage services unless the proceedings are commenced within two years after the date of completion of the salvage operations.

      (2) The person against whom the claim is made may at any time during the period of two years referred to in sub-section (1) extend the period by a declaration to the claimant and may in the same manner further extend the period.

      (3) An action for indemnity by a person liable under this Part may be instituted within two years after the date of termination of the salvage operations, but the court may on justifiable grounds extend the limitation period to such extent and on such conditions as it considers fit.

    • Subject to the consent of the parties to a salvage action, a judicial or arbitral award resulting from it may be published in the Gazette.

    • (1) The Minister may make Regulations

      (a) in respect of accommodation facilities and provisions on board ships which carry passengers to or from a port in Ghana;

      (b) requiring the preparation and furnishing of particulars of all passengers to or from a port in Ghana;

      (c) regulating the number of passengers which a ship may carry from a port in Ghana whether or not the ship is a passenger ship; and

      (d) to prescribe the terms and conditions upon which a ship may carry passengers between ports in Ghana.

      (2) In making Regulations under subsection (1) the Minister shall have regard to the 1974 International Convention on the Carriage of Passengers and their Luggage on Board Ships and any amendments to it.

      (3) The Minister may waive or vary the Regulations referred to in subsection (1) in respect of their application to licensed Ghanaian ships which carry passengers and operate solely within Ghanaian waters.

    • (1) A person commits an offence if that person

      (a) on account of being drunk and disorderly is, either refused entry to a passenger ship or where that person is already on board, is requested by the owner or any person in the employment of the owner to leave the ship, and notwithstanding that any fare paid has been returned or tendered to that person, that person persists in attempting to enter the ship, or where that person is already on board, does not leave the ship;

      (b) after a warning by the master or other officer of a ship, molests or continues to molest any passenger on board the ship;

      (c) on account of a ship being full, is either refused admission or requested to leave the ship by the owner or any person in the owner's employ after having the amount of any fare paid by that person returned or tendered to that person, that person nevertheless persists in attempting to enter the ship, or where that person is already on board, does not leave the ship;

      (d) travels or attempts to travel on a ship without first paying the fare and with intent to avoid payment of the fare;

      (e) having paid the fare to travel on a ship for a certain distance, knowingly and willfully proceeds in the ship beyond that distance without first paying the fare for the additional distance;

      (f) on arriving on a ship at a point to which the fare has been paid, knowingly refuses or neglects to leave the ship;

      (g) while on board a ship fails, when requested by the master or other officer either to pay the fare or exhibit a ticket or other receipts showing the payment of the fare as is usually given to persons travelling by and paying their fare for the ship; or

      (h) willfully does or causes to be done anything in a manner so as to obstruct or damage any part of the machinery or tackle of the ship, or to obstruct, impede or molest the crew or any of them in the navigation or management of the ship or otherwise in the execution of their duty on or about the ship.

      (2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months.

    • For the purposes of this Part

      "ship" includes every description of lighter, barge or similar vessel, however propelled and any structure launched and intended for use in navigation as a ship or as a part of a ship;

      "shipowner" includes charterer, manager or operator of ship;

      "salvage services" means services rendered in direct connection with salvage operations;

      "salvor" means any person rendering salvage services;

      "salvage operation" includes the operations referred to in section 409(1) (d), (e) and (f);

      "Unit of Account" means the special drawing right as defined in section 2 of Article XXI of the Articles of Agreement of the International Monetary Fund.

    • (1) Ship owners and salvors may limit their liabilities in accordance with this Part.

      (2) An insurer of liability for claims subject to limitation under this Part is entitled to the benefit of limitation to the same extent as the assured.

      (3) A person for whose act, neglect or default, the shipowner or salvor is responsible, may limit the person's liability under this Part.

    • (1) Subject to sections 410 and 411, the following claims are subject to limitation of liability regardless of the bases of liability

      (a) claims in respect of loss of life or personal injury or loss of or damage to property, including damage to harbour works, basins and waterways and aids to navigation, that occur on board or in direct connection with the operation of the ship or with salvage operations, and consequential loss resulting from these;

      (b) claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;

      (c) claims in respect of other loss resulting from infringement of rights other than contractual rights, that occur in direct connection with the operation of the ship or salvage operations;

      (d) claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board the ship;

      (e) claims in respect of the removal, destruction or the rendering harmless of the cargo of a ship; and

      (f) claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit liability in accordance with this Part, and further loss caused by such measures.

      (2) The claims referred to in subsection (1) are subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise, except that the claims referred to in paragraphs (d), (e) and (f) of subsection (1) are not subject to limitation of liability where the claims relate to remuneration under a contract with the person liable.

    • For the purposes of this Part, the liability of a shipowner includes liability in an action against the ship of the shipowner, and the act of invoking limitation does not constitute an admission of liability.

    • Limitation of liability under this Part does not apply to the following:

      (a) claims for salvage or contribution in general average;

      (b) claims by employees of the ship-owner or employees of the salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make the claims.

      (i) if under the contract of service between the shipowner or salvor and the employees, the shipowner or salvor is not entitled to limit the liability of the shipowner in respect of the claims, or

      (ii) if the shipowner is under a contract that provides for a limited liability of an amount greater than that provided for in section 414 of this Act; and

      (c) claims in respect of air-cushioned vehicles and floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the sub-soil of the sea-bed.

    • A person liable is not entitled to limit liability if it is proved that the loss resulted from that person's personal act or omission with the intent to cause the loss, or from that person's recklessness and with knowledge that the loss would probably be the result.

    • Where a person entitled to limitation of liability under this Part has a claim against the claimant arising from the same issue, their respective claims shall be set off against each other and the provisions of this Part shall only apply to the balance, if any.

    • The limits of liability for claims other than those provided for in section 415, that arises on any distinct occasion, shall be calculated as follows:

      (a) in respect of claims for loss of life or personal injury, 333,000 Units of Account for a ship with a tonnage not exceeding 500 tons; for a ship with a tonnage exceeding 500 tons, the following amounts in addition to the 333,000 Units of Account.

      (i) for each ton from 501 to 3,000 tons, 500 Units of Account;

      (ii) for each ton from 3,001 tons, to 30,000 tons, 333 Units of Account;

      (iii) for each ton from 30,001 to 70,000 tons, 250 Units of Account; and

      (iv) for each ton in excess of 70,000 tons, 167 Units of Account,

      (b) in respect of any other claim, 167,000 Units of Account for a ship with a tonnage not exceeding 500 tons; for a ship with a tonnage exceeding 500 tons the following amount in addition to the 167,000 Units of Account

      (i) for each ton from 501 to 30,000 tons, 167 Units of Account;

      (ii) for each ton from 30,001 to 70,000 tons, 125 Units of Account; and

      (iii) for each ton in excess of 70,000 tons, 83 Units of Account.

    • (1) Where the amount calculated in accordance with paragraph (a) of section 414 is insufficient to pay the claims mentioned in full, the amount calculated in accordance with paragraph (b) of section 414 shall be available for payment of the unpaid balance of claims under paragraph (a) and the unpaid balance shall rank rateably with claims under paragraph (b).

      (2) Notwithstanding the right of claim for loss of life or personal injury referred to in paragraph (a) of section 414, claims referred to in section 418 shall have priority over the claims referred to in paragraph (b) of section 414.

      (3) The limitation of liability for a salvor not operating from a ship or for a salvor operating solely on the ship to, or in respect of which the salvor is rendering salvage services, shall be calculated according to a tonnage of 1,500 tons.

    • For the purposes of this Part, a ship's tonnage shall be her gross tonnage as defined in the Tonnage Regulations, made under this Act.

    • (1) The owners of a dock, canal, harbour or port shall not be liable for a loss or damage caused to

      (a) a vessel, or

      (b) goods, merchandise or other things whether on board a vessel or not

      in excess of an aggregate amount equivalent to 70 Units of Account for each ton of the tonnage of the largest ship which has visited that dock, canal, harbour or port within five years to the occurrence of the loss or damage.

      (2) For the purposes of this section a ship shall not be considered to have visited a dock canal, harbour or port by reason of the fact that

      (a) it has been built or fitted out within the area;

      (b) it has taken shelter within the area; or

      (c) it has passed through the area on a voyage between two places both situated outside that area.

      (3) The limitation of liability under this section shall relate to the whole of any loss or damage which may arise upon one distinct occasion, although the loss or damage may be sustained by more than one person, and shall apply whether the liability arises at common law or under any enactment notwithstanding anything contained in any enactment.

      (4) For the purposes of this section, the owner of a dock, canal, harbour or port includes any person or authority that has the control and management or any dock, canal, harbour or port and any ship repairer using the dock, canal, harbour or port.

      (5) Nothing in this section shall impose a liability in respect of a loss or damage on any owner or authority in a case where no such liability would have existed if this Act had not been enacted.

    • (1) The limitation of liability of a shipowner in respect of claims on any distinct occasion for loss of life or personal injury to passengers of a ship shall be an amount of 46,666 Units of Account multiplied by the number of passengers which the ship is authorized to carry according to the ship's certificate, but not exceeding 25 million Units of Account.

      (2) For the purposes of this section claim for loss of life or personal injury to passengers of a ship means any claim brought by or on behalf of a person carried in that ship,

      (a) under a contract of passenger carriage; or

      (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods.

    • The amounts referred to in sections 414 and 418 shall be converted into cedi according to the value of the cedi to a Unit of Account on the date the security or guarantee referred to in section 421 is deposited.

    • (1) The limitation of liability determined in accordance with section 414 applies to the aggregate of all claims which arise on any distinct occasion against.

      (a) the shipowner and any person for whose act, neglect or default the shipowner may be responsible;

      (b) the shipowner of a ship rendering salvage services from that ship and the salvor operating from that ship and any person responsible for the act, neglect or default; or

      (c) the salvor who is not operating from a ship or who is operating solely on the ship to, or in respect of which, the salvage services are rendered and any person responsible for the act, neglect or default.

      (2) The limitation of liability determined in accordance with section 418 applies to the aggregate of all claims referred to in that section which may arise on any distinct occasion against the shipowner and any person responsible for the act, neglect or default of the shipowner.

    • (1) Any person alleged to be liable and seeking to limit Liability under this Part shall deposit into court an amount equivalent at least to the limit provided for in section 414 or section 418 as appropriate, in the form of a security or guarantee, together with interest from the date of the occurrence that gives rise to the liability until the date the security or guarantee is deposited, and the amount shall be available only for the payment of claims in respect of which limitation of liability can be invoked.

      (2) A security or guarantee deposited by a person or the insurer of a person mentioned in paragraphs (a), (b) or (c) of subsection (1), or subsection (2) of section 420, shall be deemed to have been deposited by the person mentioned in that section.

    • (1) Subject to sections 414 and 418, the proceeds of any security or guarantee deposited with the Court shall be distributed among the claimants in proportion to their established claims.

      (2) The Court may stay proceedings pending in relation to the matter, and may proceed in any manner, subject to the orders of the Court as to the exclusion of any claimants who do not come in within a specified time and as to payment of costs, that the Court thinks just.

      (3) No lien or other right in respect of any ship or property shall affect the proportions in which any amount is distributed among several claimants.

      (4) Sums paid for or on account of any loss or damage in respect of the liability of owners shall be limited under the provisions of this Part and costs incurred in relation to them may be brought into account among part owners of the same ship in the same manner as money disbursed for their use.

      (5) Where the person liable or the insurer of that person has settled the claim, that person shall be subrogated to the rights which the person so compensated would have enjoyed under this Part before the proceeds of the security or guarantee are distributed.

      (6) In making any distribution in accordance with this section, the Court may postpone the disbursement of such part of the amount to be distributed as it considers appropriate having regard to any claims subrogated or as may otherwise be established later.

    • (1) Where a security or guarantee has been deposited with the Court in accordance with section 421, any person who has made a claim against such security or guarantee shall be barred from exercising any right in respect of the claim against any other assets of a person by or on behalf of whom the security or guarantee has been deposited.

      (2) Where a ship or other property is seized or arrested in connection with a claim which appears to the Court to be founded on liability to which limitation is applicable under this Part, and in respect of which a security or guarantee is deposited, the Court shall order the release of the ship or property if the security or guarantee has been deposited in Ghana or

      (a) at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter;

      (b) at the port of disembarkation in respect of claims for loss of life or personal injury; or

      (c) at the port of discharge in respect of damage to cargo,

      but where the release is ordered the person on whose application it is ordered shall be considered to have submitted to the jurisdiction of the Court to adjudicate on the claim.

      (3) Subsections (1) and (2) shall apply only if the claimant brings a claim before the Court and the security or guarantee deposited with the Court is actually available and freely transferable in respect of that claim.

    • (1) Where, by the fault of two or more vessels, damage or loss is caused to one or more of those vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was at fault except that where having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.

      (2) Nothing in this section shall

      (a) operate to render a vessel liable for a loss or damage if the vessel has not by any default contributed to the loss or damage;

      (b) affect the liability of a person under a contract of carriage or any other contract; or

      (c) be construed as imposing any liability upon a person from which liability that person is exempted by a contract or by law.

    • (1) Where loss of life or personal injury is suffered by a person on board a vessel owing to the fault of that vessel and another vessel, the liability of the owners of the vessels shall be joint and several.

      (2) Nothing in this section shall be construed as depriving a person of a right of defence which that person apart from this section might have in an action brought against that person by the person injured or a person entitled to sue in respect of the loss of life, or shall affect the right of a person to limit the person's liability in cases to which this section relates in the manner provided by law.

    • In sections 424 and 428 "freight" includes passage money and hire; and references to damage or loss caused by the fault of a ship includes references to any salvage or other expenses consequent upon that fault recoverable at law as damages.

    • (1) Where loss of life or personal injury is suffered by a person on board a vessel owing to the fault of that vessel and another vessel and a proportion of the damages is recovered against the owners of one of the vessels which exceeds the proportion in which the vessel was at fault, the owners may recover by way of contribution the amount of the excess from the owners of the other vessel to the extent to which that other vessel was at fault, but no amount shall be so recovered which could not, by reason of any statutory or contractual limitation of, or exemption from liability, or which could not, for any other reason, have been recovered in the first instance as damages by a person entitled to sue.

      (2) In addition to any other remedy provided by law the persons entitled to a contribution shall for the purpose of recovering the contribution and subject to the provisions of this Act have the same rights and powers as the person entitled to sue for damages in the first instance.

    • (1) Subject to this section, no action shall be brought to enforce a claim or lien against a ship or the owners of the ship in respect of a damage to or loss of another ship, her cargo or freight, or any property on board, or in respect of loss of life or personal injury suffered by a person on board that other ship, caused by the fault of the ship, whether that other ship is wholly or partly at fault unless proceedings are commenced within two years from the date when the damage or loss or injury was caused.

      (2) An action shall not be brought under this Act to enforce a contribution in respect of an overpaid proportion of damages for loss of life or personal injury unless proceedings are commenced within one year from the date of payment.

      (3) A court may in accordance with the rules of court extend any period on such conditions as it thinks fit and shall do so, if satisfied that during the period there has not been a reasonable opportunity to arrest the defendant ship within the jurisdiction of the court or within the territorial seas of the country to which the plaintiff resides or has a principal place of business.

    • (1) The High Court is a Court of Survey for a port in Ghana and shall for that purpose consist of a High Court Judge sitting with two assessors appointed for each case by the Chief Justice.

      (2) The assessors shall be persons with nautical, engineering or other special skill and experience, one of whom shall be nominated by the Authority or, in the case of a foreign ship, by the consular officer of the country to which the ship belongs who is at or near the port, where the cause of action has arisen.

    • The Court of Survey shall have the power and the duty to hear matters referred to it under this Act.

    • (1) The following provisions apply in relation to the power and proceedings of a Court of Survey concerning a ship the subject of an action before the Court.

      (a) the case shall be heard in open court;

      (b) the judge and each assessor may survey the ship and go on board the ship and inspect the machinery equipment and cargo and may require the unloading or removal of any cargo, ballast or tackle, and shall for the purposes have all the powers of a surveyor;

      (c) the Court may order the ship to be surveyed and appoint any competent person to survey the ship and report to the Court;

      (d) the Judge shall have the same power as the Authority, to order the ship to be released or finally detained but unless one of the assessors agrees with an order for the detention of the ship, the ship shall be released wherever detained; and

      (e) the owner or the master of the ship and any person appointed by the owner or master, may attend at an inspection or survey made under of this section.

      (2) The Court may make such order with respect to the costs of an inquiry or investigation under this Act as it thinks fit, and the costs is recoverable in the same manner as a judgment debt.

    • (1) Where any of the following casualties occurs;

      (a) the loss or presumed loss, stranding, grounding, abandonment of, or damage to, a ship;

      (b) a loss of life caused by fire on board, or by any accident to a ship or ship's boat, or by any accident occurring on board a ship or ship's boat; or

      (c) any damage caused to or by a ship,

      and, at the time of its occurrence, the ship was a Ghanaian ship or the ship or ship's boat was in Ghanaian waters, the Authority may cause a preliminary inquiry into the casualty to be held by a person appointed for the purpose by the Director-General.

      (2) Whether or not a preliminary inquiry into the casualty has been held under subsection (1), the Authority may cause a formal investigation to be conducted by a Wreck Commissioner.

    • For the purposes of a preliminary inquiry under section 432, the person holding the inquiry shall have the powers of a surveyor under this Act.

    • (1) The Authority may appoint a Wreck Commissioner to hold a formal investigation into a shipping casualty under this Part.

      (2) There shall be appointed not less than two assessors who shall have nautical, engineering or other special skill or knowledge as the occasion demands to assist the Wreck Commissioner in a formal investigation.

      (3) Where a formal investigation involves or is likely to involve a question of cancellation or suspension of the certificate of an officer, the Wreck Commissioner shall hold the investigation with the assistance of not less than two assessors who have experience in merchant marine as master or chief engineer of a foreign ship.

      (4) The Director-General of the Authority shall render such assistance to the Wreck Commissioner as lies in the power of the Director-General in any formal investigation.

      (5) The Wreck Commissioner after hearing the case shall make a full report containing a statement of the case and the recommendations of the Wreck Commissioner together with extracts from the evidence and each assessor shall either sign the report or state in writing to the Authority the dissent of the assessor and the reasons for the dissent.

      (6) The Authority shall pay the costs of a formal investigation.

      (7) For the purposes of this Part, the Wreck Commissioner holding a formal investigation shall have the powers of a District Court and of a surveyor in the exercise of the function of a surveyor under this Act.

      (8) A formal investigation into a shipping casualty shall be conducted in the same manner as the trial of a case by a District Court.

    • (1) The Director-General, on the recommendation of the Wreck Commissioner, shall cancel or suspend the certificate of an officer issued in Ghana whether the holder is a Citizen of Ghana or not if the Wreck Commissioner finds that

      (a) the loss, abandonment or serious damage to a ship or loss of life has been caused by the wrongful act or default of the officer; or

      (b) the officer is unfit to discharge the duties of office by reason of incompetence or misconduct or for any other reason has been seriously negligent in the discharge of the duties of office,

      except that at least one of the assessors shall agree with the finding of the Wreck Commissioner.

      (2) The Wreck Commissioner shall in all cases send a full report of the case together with the evidence to the Director-General.

      (3) Where a certificate referred to in subsection (1), of an officer has been issued by a foreign Government or authority, the Director-General shall forward a copy of the report of the formal investigation to the appropriate Government or authority of the state concerned with recommendations, if any, to take such action against the officer as the Government or that authority considers appropriate.

    • A certificate shall not be cancelled or suspended by the Director-General under this Part, unless the holder of the certificate has before the commencement of formal investigation been furnished with a statement of the case on which the formal investigation was ordered.

    • An officer whose certificate is cancelled or suspended by the Director-General shall deliver the certificate to the Director-General on demand and if the officer fails to comply, the officer commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or imprisonment for a term not exceeding 12 months or both.

    • (1) An officer aggrieved by the decision of the Director-General to suspend or cancel the certificate of the officer may appeal to a court of competent jurisdiction.

    • (1) The Director-General may order a case to be reheard whether generally or partially in any case under this Part where a formal investigation into a shipping casualty has been held:

      (a) if new evidence which could not be produced at the investigation is discovered; or

      (b) if for any other reason there is in the opinion of the Director-General grounds for suspecting that there has been a miscarriage of justice.

      (2) The Director-General may order the case to be reheard by the Wreck Commissioner by whom the case was heard in the first instance or by a different Wreck Commissioner as the Director-General may appropriately determine.

      (3) The owner of a ship, or any other person who has an interest in a formal investigation, and is affected by the decision of the Wreck Commissioner, may appeal from that decision in the same manner and subject to the same conditions as are applicable to a decision for the cancellation or suspension of the certificate of an officer.

    • (1) For the purpose of determining jurisdiction under this Act, an offence shall be considered to have been committed and a cause of complaint to have arisen either at the place where the offence was actually committed or cause of complaint arose, or at a place where the offender or person complained against is found.

      (2) Where, in any legal proceedings under this Act, a question arises whether any ship or person is or is not within the provisions of this Act, that ship or that person shall be taken to be within these provisions unless the contrary is proved.

    • Where the registration of a ship is considered to be closed under section 10 of this Act on account of a transfer to a person not qualified to be an owner of a Ghanaian ship, any unsatisfied mortgage may if the ship comes within the jurisdiction of any court be enforced by the court notwithstanding any transfer, except in cases where the ship has been sold under a judgment of a court.

    • Where a court has jurisdiction within a district which is situated on the coast of a sea, or abutting on or projecting into a bay, channel, lake, river or other navigable water, the court shall have jurisdiction over any vessel being on, or lying or passing off, that coast, or being in or near that bay, channel, lake, river or navigable water and over persons on board that vessel as if the vessel or persons were within the limits of the ordinary jurisdiction of the court.

    • Notwithstanding anything contained in the Criminal Code, 1960 (Act 29) as amended or in any other enactment, where a person

      (a) who is a citizen of Ghana has been charged with an offence committed on board

      (i) a Ghanaian ship on the high seas; or in any foreign port, river or harbour; or

      (ii) a foreign ship; or

      (b) who is not a citizen of Ghana has been charged with an offence committed on board a Ghanaian ship on the high seas is found within Ghana, a court that would have had jurisdiction to try the offence, if the offence had been committed within the limits of its ordinary jurisdiction, shall have jurisdiction to try the offence.

    • An offence against property or a person committed in or at a place either ashore, afloat or in a foreign port by a master or seafarer who at the time when the offence was committed or within three months before the offence was committed, was employed in a Ghanaian ship, shall be considered to be an offence committed on a Ghanaian ship and the offender shall be liable to be tried by a court having jurisdiction under section 443.

    • (1) A court in Ghana shall not entertain an action in personam to enforce a claim to which this section applies unless

      (a) the habitual residence or place of business of the defendant is within Ghana;

      (b) the cause of action arose within the territorial waters of Ghana or within the limits of a harbour or port of Ghana; or

      (c) an action arising out of the same incident or series of incidents is proceeding in the court, or has been heard and determined in court.

      (2) A court in Ghana shall not entertain an action in personam to enforce a claim to which this section applies until proceedings previously brought by the plaintiff in a court outside Ghana against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.

      (3) Subsections (1) and (2) apply to counterclaims, being counterclaims in proceedings arising out of the same incident or series of incidents, as they apply to actions in personam, and a reference to the plaintiff shall be a reference to either the plaintiff or the defendant in a counterclaim

      (4) Subsections (1) to (3) shall not apply to any action or counterclaim if the defendant submits or has agreed to submit to the jurisdiction of the court.

      (5) Subject to subsection (4) where a court has jurisdiction for the purposes of this Act, to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (1) of this section is satisfied, the rules of court relating to the service of process outside the jurisdiction shall apply.

    • In any case in which an action may be brought against a ship other than actions arising from claims to the possession or ownership of any share in it, or any claim in respect of a mortgage or charge on a ship or any share, where the person who would be liable on the claim in any action in personam, when the cause of action arose, was the owner or charterer of, or in possession or in control of the ship, the admiralty jurisdiction of the High Court may, whether the claim gives rise to a maritime lien on the ship or not, be invoked by an action in rem against

      (a) that ship, if at the time when the action is brought, the ship is beneficially owned in respect of all the shares by that person; or

      (b) any other ship which, at the time when the action is brought, is beneficially owned as under paragraph (a),

      but in determining whether a person would be liable on a claim in an action in personam, it shall be assumed that the habitual residence or a place of business of that person is within Ghana.

    • (1) Where-

      (a) damage has been caused in any part of the world to any property belonging to the Government, a citizen of Ghana or a body corporate resident in Ghana by any foreign ship; or

      (b) a claim is made for damages by or on behalf of any citizen of Ghana; in respect of personal injuries, including fatal injuries against the owners of a foreign ship,

      and at any time after that period that ship or any other ship wholly and beneficially owned by the same owner is found in Ghana, the High Court may, upon being satisfied that the damage or injury was caused by the misconduct or want of skill of the master or crew of the ship, issue an order to any officer of the Authority or an officer of Customs, Excise and Preventive Service requiring the officer to detain the ship until such time as the owner, master or agent has satisfied any claim arising out of the damage or injury.

      (2) The owner or agent of the ship shall obey any decision, suit or other legal proceedings that may be instituted in respect of the damage or injury and pay costs and damages that may be awarded by the Court.

      (3) Any officer to whom the order is given shall detain the ship accordingly.

      (4) Where it appears that before an application can be made under this section the ship in respect of which the application is to be made would have departed from Ghana, the ship may be detained for such time as will allow the application to be made or adequate security to be provided in respect of the application and the result shall be communicated to the officer detaining the ship.

      (5) In any legal proceedings in relation to any damage or personal injury, the person giving security shall be made defendant and shall be stated to be the owner of the ship that has occasioned the damage or injury.

    • (1) Where under this Act a ship is to be detained, any commissioned officer on full pay in the Ghana Armed Forces, a proper officer of Customs, or any officer of the Authority designated by the Board for the purpose may enforce the detention of the ship.

      (2) Where a ship during detention, or after service on the master of the order or any notice of an order for detention, proceeds to sea before it is released by a competent authority, the master of the ship, as well as the owner, and any person who sends the ship to sea each commits an offence and is liable on summary conviction to a fine not exceeding 2500 penalty units or to a term of imprisonment not exceeding 3 years or to both.

      (3) Where a ship proceeds to sea taking on board an officer authorised to detain the ship or any surveyor or other officer performing the functions of office under this Act or any other enactment, the owner and master of the ship commit an offence and each is liable on summary conviction to

      (a) a fine not exceeding 2500 penalty units or to a term of imprisonment not exceeding 3 years or to both;

      (b) a fine of 100 penalty units for each day or part of a day during which the offence continues; and

      (c) pay all the expenses of and incidental to the officer being taken to sea.

      (4) An officer detaining a ship may place a police guard on that ship.

      (5) A police guard placed on board a ship under subsection (4) shall take necessary steps to prevent the ship from leaving the port.

      (6) A person who obstructs an officer or a police guard or surveyor detaining a ship commits an offence and is liable on summary conviction to a fine of 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

      (7) An officer detaining a ship shall notify the proper officer of Customs, Excise and Preventive Service that the ship is being detained.

      (8) Where a ship is liable to detention under this Act the proper officer of Customs, Excise and Preventive Service may detain the ship and refuse to clear that ship outwards.

      (9) For the purposes of this section the expression "proper officer of Customs, Excise and Preventive Service" means the officer able to grant a clearance to the ship.

    • (1) Whenever

      (a) a foreign ship is detained under this Act; or

      (b) proceedings are taken under this Act against the master or owner of the ship,

      notice shall be served on the consular officer of the country to which the ship belongs, at or nearest the port where the ship is detained.

      (2) The notice under subsection (1) shall specify the grounds on which the ship has been detained or on which the proceedings have been taken.

    • Where a Court, makes an order directing payment to be made of a seafarer's wages, fines or other sums of money, and the party directed to pay is the master or owner of a ship and the money is not paid at the time and in the manner ordered, the Court, may direct the amount unpaid to be levied in distress and sale of the ship, the tackle, furniture and apparel of ship.

    • (1) Subject to sub-section (1) where

      (a) any person dies in a Ghanaian ship; or

      (b) the master or a seafarer employed in such a ship dies in a country outside Ghana,

      an inquiry into the cause of death shall be held by an officer of the Authority designated by the Director-General for the purpose.

      (2) The officer holding an inquiry under subsection (1) shall for the purpose of the inquiry have all the powers of a surveyor under the Act.

      (3) Where in the course of the inquiry it appears to the officer holding the inquiry that the death has been caused on board the ship by violence or other improper means, the officer shall either report the matter to the Director-General, or if the emergency of the case so requires, shall take immediate steps to bring the offender to justice.

      (4) The officer holding the inquiry under subsection (1) shall make a report of the findings to the Director-General and the Director-General shall, on request, make a copy of the report available to the next of kin of the deceased person or to any other person who appears to the Director-General to be interested.

      (5) An inquiry shall not be held under subsection (1) in a case where an inquest or inquiry into death is to be held or made under any law relating to inquest or criminal procedure for the time being in force.

    • (1) In every case in which a conviction has been secured, against the owner of a ship for a contravention of this Act, and a fine has been imposed:

      (a) the ship shall if the fine is not paid, be liable to be seized after such reasonable notice as the Director-General may in each case determine has been given; and

      (b) the ship may be sold by any person authorized for that purpose in writing by the Director-General and that person may by a bill of sale, give to the purchaser a valid title to the ship free from any mortgage or other claim on it which at the time of the sale may be in existence.

      (2) Any remainder from the proceeds of sale after the payment of the fine and the costs of conviction, together with the costs of the seizure and sale, shall be paid over to the owner of the ship, or the mortgagee, as the case may be.

    • (1) Whenever any complaint is made to a consular officer of Ghana that

      (a) any offence against the property or a person has been committed at any place, either ashore or afloat outside Ghana by any seafarer who at the time when the offence was committed or within three months before that time was employed on a Ghanaian ship; or

      (b) an offence on the high seas has been committed by a seafarer belonging to a Ghanaian registered ship,

      the consular officer may inquire into the case upon oath, and may if necessary, take any steps in the power of the consular officer for the purpose of placing the offender under the necessary restraint and of sending the offender as soon as practicable in safe custody to Ghana.

      (2) The consular officer may order the master of a ship registered in and bound for Ghana to receive and give passage and subsistence during the voyage to the offender and as many witnesses as can be given suitable accommodation.

      (3) The consular officer may endorse upon the agreement with the crew of the ship the particulars with respect to an offender or witness sent in the ship as the Authority requires.

      (4) A master of a ship to whose charge an offender has been so committed shall on the arrival of the ship in Ghana hand the offender over into the custody of a police officer, who shall take the offender before a court to deal with the matter as in cases of offences committed upon the high seas.

      (5) A master of a Ghanaian ship who when required by any consular officer to receive and give passage and subsistence to an offender or witness, does not do so or who does not deliver an offender committed to the charge of that master into the custody of a police officer as directed commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

      (6) The expense of imprisoning an offender and of conveying the offender and a witness to Ghana in a manner other than in the ship to which they respectively belong, shall where the expenses are not paid as part of the costs of the prosecution, be paid out of Government funds.

    • (1) Where any person is beneficially interested otherwise than by way of mortgage, in a ship or a share in a ship, the person interested, as well as the registered owner of the ship, is subject to all pecuniary penalties imposed by this Act or any other enactment on the owner of the ship or the owner of the share in a ship.

      (2) Proceedings may be taken for the enforcement of any penalties referred to in subsection (1) against both or either of the parties referred to jointly or severally.

    • (1) A person who commits an offence under this Act, or does anything or omits to do anything in contravention of the provisions of this Act, for which no penalty is provided elsewhere than in this section is liable to a fine not exceeding 100 penalty units or a term of imprisonment not exceeding 6 months or to both.

      (2) Where an offence under this Act is a continuing one, and no penalty is provided in respect of the continuance every person who commits that offence is, in addition to any other liability, liable to a fine not exceeding 50 penalty units for each day or part of a day during which the offence continues.

    • (1) The Authority may compound any offence under this Act if the person suspected of having committed the offence pays a sum to be determined by the Authority but in any case not less than 250 penalty units to the authority.

      (2) On the payment of a sum of money under subsection (1),

      (a) the person Suspected of having committed the offence in respect of which the payment has been made shall if the person is in custody be discharged;

      (b) a ship detained in respect of the offence shall be released; and

      (c) no further proceedings shall be taken against the person or ship in respect of that offence.

    • (1) Where a document is declared under this Act to be admissible in evidence, the document shall on its production from the proper custody, be admissible in evidence in any court or before any person who has by law or consent of the parties the authority to receive evidence and subject to all just exceptions, shall be prima facie proof of the matters stated in it in pursuance of this Act or by any officer in pursuance of the duties of the officer.

      (2) A copy of any such document or an extract from it shall also be admissible in evidence if it is proved to be a copy or extract of the original, or if it purports to be a certified true copy or extract of the original signed by the officer in whose custody the original document was entrusted.

      (3) Any person who has by law or consent of the parties authority to receive evidence shall have the same powers as a court to impound any document to which this section applies which has a false or counterfeit seal, stamp or signature affixed to it.

    • (1) Where for the purposes of this Act any document is to be served on any person, that document may be served

      (a) in any case by delivering a copy personally to the person to be served, or by leaving a copy at his last place of abode;

      (b) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the document for the master or person on board that ship with the person being or appearing to be in command or charge of the ship; and

      (c) if it is a document to be served on the master of a ship, where there is no master, and the ship is in Ghana, on the managing owner, on an agent of the owner residing in Ghana, or where no agent is known or can be found, by affixing a copy of it in a conspicuous place on the ship.

      (2) A person who obstructs the service on the master of a ship of any document under the provisions of this Act, commits an offence and on summary conviction is liable to a fine not exceeding 100 penalty units or to a term of imprisonment not exceeding 6 months or to both and if the owner or master of the ship is privy to the obstruction, the owner or master is liable to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

    • An officer appointed or authorised under this Act is a public officer.

    • Subject to the Constitution, no suit shall be maintained against any public officer for anything done or omitted to be done in good faith by that officer in the exercise or performance or in the purported exercise or performance of any power, authority or duty conferred or imposed on the officer under this Act.

    • Where by or under this Act any notice, authority, order, direction or other communication is required or authorised to be given or made by the Director-General, to any person (not being an officer appointed under this Act) the notice, authority, order, direction or other communication shall be in writing.

    • In this Part, "authorized officer" means

      (a) the Director-General;

      (b) a surveyor of ships; and

      (c) a person appointed to exercise power under this Act.

    • (1) An authorized officer, either alone or with another person, may go on board any ship in Ghana whenever the officer

      (a) suspects that an offence under this Act has been or is about to be committed on the ship; or

      (b) considers it necessary to do so in the discharge of any duty imposed on the officer by this Act or any other enactment.

      (2) Where a ship is registered in Ghana the powers conferred by this section on an authorized officer may also be exercised outside Ghana by a proper officer, in addition to an authorized officer.

      (3) A master of a ship who without reasonable excuse refuses to allow any officer to board the ship in the exercise of the powers conferred on the officer by subsection (1) or (2), commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or both.

    • (1) For the purpose of ensuring that the provisions of this Act and any Regulations made under it are complied with, an authorised officer may at all reasonable times

      (a) inspect a ship and its equipment or any part of it;

      (b) inspect articles on board a ship and any document carried on the ship,

      (c) ensure compliance with any international convention relating to shipping to which Ghana is a party; and

      (d) where the ship is registered in Ghana, the powers conferred by this section may also be exercised on a ship outside Ghana by an authorised officer.

      (2) A person exercising powers under this section

      (a) shall not unnecessarily detain or delay a ship; and

      (b) may where necessary in consequence of an accident or for any other reason require a ship to be taken into dock for a survey of its hull or machinery.

      (3) Where an authorized officer has reasonable grounds to believe that there are on any premises provisions and water intended for supply to a ship registered or licensed in Ghana which if provided on the ship would not be in accordance with any Regulations made under section 152, the authorized officer may enter the premises and inspect the provisions and water for the purpose of ascertaining whether they are in accordance with the Regulations.

      (4) A person who

      (a) obstructs an authorized officer in the exercise of the powers of the authorized officer under this section;

      (b) fails without reasonable cause to comply with any requirement made under subsection (2); or

      (c) refuses or fails to give an authorized officer reasonable facilities for the exercise of the powers of the authorized officer under this section,

      commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

    • The Director-General may, require a surveyor to report to the Director-General on

      (a) the nature and causes of any accident or damage which any ship has sustained or caused, or is alleged to have sustained or caused;

      (b) whether the provisions of this Act or any Regulations made under it have been complied with; and

      (c) whether the hull and machinery of any ship are sufficient and in good condition.

    • (1) A surveyor of ships in the execution of the duties of a surveyor may

      (a) go on board a ship and inspect the ship or any part of it, or any of the machinery, boats, equipment or articles on board, or any of the certificates of an officer to which the provisions of this Act apply;

      (b) investigate and report to the Director-General on the nature and causes of any accident or damage which a ship has sustained or caused or is alleged to have sustained or caused;

      (c) require the attendance of all such persons to appear before the surveyor and examine them on oath or affirmation for the purpose of the surveyor report; and

      (d) require answers or returns to any inquiries.

      (2) A person summoned under paragraph (c) of subsection (1) shall be paid such expenses as would be paid to a witness attending on subpoena to give evidence before a court.

    • (1) Surveyors shall make returns to the Surveyor-General as the latter requires, with respect to

      (a) surveys and inspections of ships;

      (b) machinery, equipment and cargo of ships including the loading of ships carried out under this Act; and

      (c) any other details of ships as may be prescribed.

      (2) An owner, master or engineer of a ship surveyed by a surveyor shall on demand give to the surveyor such information and assistance within the power of that owner, master or engineer as the surveyor may require for the purpose of making any return under subsection (1).

      (3) An owner, master or engineer of a ship who fails without reasonable cause to give information or assistance required under subsection (2) after a demand by a surveyor commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or both.

    • A surveyor of ships who fraudulently demands or receives directly or indirectly any fee, gratuity or remuneration in respect of any duties performed by that surveyor under this Act except as directed by the Director-General, commits an offence and is liable on summary conviction to a fine not exceeding 1000 penalty units or to a term of imprisonment not exceeding 3 years or to both.

    • (1) No person shall willfully impede or obstruct a surveyor in the execution of the duties of the surveyor under this Act, whether on board a ship or elsewhere.

      (2) A person who willfully impedes a surveyor of ships or any person having the powers of a surveyor of ships in the execution of the duty of the surveyor, whether on board a ship or elsewhere commits an offence is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

    • (1) An authorized officer, officer of Customs, Excise and Preventive Service, or Police Officer may arrest without warrant, a person who in the presence of the officer commits an offence under this Act or any Regulations made under it.

      (2) Any article, in respect of which an offence referred to in subsection (1) is believed to have been committed may unless sooner given up by an order of a court be impounded and taken to the police station and kept there, until the charge relating to the offence is disposed of by due process of law.

    • (1) Subject to this Act, the Authority may on the directions of the Minister prepare and issue forms for any book, instrument or paper required under this Act, other than those required under Part III.

      (2) The Minister shall cause every form to be sealed with the seal of the Minister or marked with some other distinguishing mark, before finally directing the Authority and upon making an alteration on a form give notice to the public in such a manner as the Minister considers necessary to prevent inconvenience to the public.

      (3) The Minister may cause forms to be supplied at moderate charges to all Customs Houses and Shipping Offices in Ghana.

      (4) A book, instrument or paper, if made in a form purporting to be the proper form and if sealed in accordance with this section, shall be considered to be in the form required by this Act unless the contrary is proved.

    • The following instruments are exempt from Stamp Duty:

      (a) any instrument used by or under the direction of the Director-General in carrying into effect the provisions of this Act, and

      (b) any instrument which is made under this Act.

    • A person who

      (a) without reasonable cause uses a form not approved by the Minister in a case where such approved form is under this Act required to be used, or

      (b) prints, sells or uses any document purporting to be a form approved by the Minister under this Act, knowing that the form has not been approved, prepared or issued by or on the direction of the Minister,

      commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

    • Where

      (a) the Authority is satisfied that any provisions of the law of a foreign country applicable to ships registered in or belonging to that country are substantially the same or equally effective as any of the provisions of this Act or Regulations made under it;

      (b) it is proved that a ship of that country complies with the corresponding provisions of the laws of that Country in which it is registered or to which it belongs; and

      (c) the Director-General is satisfied that the Government of that country has provided or undertaken to provide for the exemption of Ghanaian ships while they are at any port in that country, from the corresponding provisions of the law of that country,

      the Authority may by Executive Instrument direct that all or any of the provisions of this Act or Regulations shall not apply with respect to a ship registered in or belonging to that country while it is at a port in Ghana.

    • The Minister may by legislative instrument make Regulations generally for carrying out the provisions of this Act and may in particular make Regulations:

      (a) providing for anything which is to be prescribed under this Act;

      (b) prescribing the fees to be charged for any services rendered or acts performed under this Act;

      (c) prescribing for the control of ships, the regulation of maritime traffic, the administration of maritime search and rescue within Ghanaian waters;

      (d) relating to registration of ships (s.3);

      (e) relating to method of ascertaining tonnage of ship generally or tonnage of ships in compliance with international conventions (s.21);

      (f) for markings on ships and exemptions from marking (s.27);

      (g) relating to certificate of registry (s.28 & 29);

      (h) relating to the licensing of Ghanaian ships (s.42);

      (i) to provide for manning of Ghanaian ships including inland water-crafts and qualifications of officers and crew (s.99);

      (j) relating to discipline aboard Ghanaian ships (s. 110);

      (k) to provide for conditions of service of persons serving in Ghanaian ships and Ghanaians serving on foreign ships (s. 121);

      (l) to prescribe for occupational safety (s. 151);

      (m) to prescribe for provisions and water to be provided for seafarers employed in Ghanaian ships and any class of ships specified in the Regulations (s. 152);

      (n) to prescribe for medical examinations of persons employed on board ships and the issue of medical certificates in respect of these persons (s. 156);

      (o) to prescribe for provision of crew accommodation on board Ghanaian ships (s. 157);

      (p) to require Ghanaian ships to carry medicines, medical stores, appliances and books containing instructions and advice as specified in the Regulations (s. 159);

      (q) prescribe for official log book to be kept in a Ghanaian ship of not less than one hundred gross tons and a Ghanaian ship trading from Ghana (s.206);

      (r) in respect of prevention of collisions at sea and in other navigable waters, lights to be carried and exhibited and steering and sailing rules to be observed by ships (s.217);

      (s) relating to signals of distress and urgency (s.230);

      (t) for the removal of obstructions or impediments to navigation in a port or harbour or approach to a port or habour (s.246);

      (u) relating to

      (i) system of lighting, marks, and features and other characteristics of aid to navigation in conformity with international practice (s.248); and

      (ii) navigation aids, dues and exemption from payment of the dues;

      (v) relating to safety at sea in conformity with international safety conventions (s.252);

      (w) relating to survey of ships (s.254),

      (x) prescribing cargo ship construction and survey regulations (s.276);

      (y) prescribing safety requirements and providing for the inspection, survey and issue of safety certificates in respect of ships (s.299);

      (z) to give effect to the Load Line Convention, prescribing load line requirements and providing for the issue of Ghanaian Load Line Certificates in respect of ships to which the Load Line Convention does not apply (s.303);

      (aa) relating to the validity of Load Line Certificates issued in respect of a foreign ship (s.308) and carriage of deck cargo (s.316);

      (bb) relating to carriage of bulk cargo having regard to the applicable international conventions (s.328);

      (cc) relating to the carriage of dangerous goods on ships (s.331);

      (dd) in respect of passenger ships to prescribe for

      (i) accommodation facilities and provisions on board ships which carry passengers to or from a port in Ghana;

      (ii) preparation and furnishing of particulars of passengers to or from a port in Ghana;

      (iii) the number of passengers to be carried and terms and conditions for carrying passengers (s.405).

    • There shall be paid in respect of

      (a) a certificate issued by the Authority in respect of any survey;

      (b) inspection of a ship or for any service provided in the engagement and the discharge of seafarers;

      (c) inspection of registers;

      (d) examinations of seafarers; and

      (e) verifying sea service or reproducing copies of documents;

      such fees as may be prescribed by Regulations.

    • (1) The Director-General shall from time to time by Notice in the Gazette publish

      (a) the international conventions including amendments to them and replacements and other international instruments which apply to Ghana, and the reservations if any, entered into by Ghana; and

      (b) those international conventions, including amendments to them and replacements of them and other international instruments which cease to apply to Ghana.

      (2) The Director-General shall keep a copy of

      (a) the instruments referred to in subsection (1) that have application in Ghana; and

      (b) notices issued under this Act,

      and shall upon payment of a prescribed fee make copies available for inspection and for the taking of copies by members of the public, seafarers or persons concerned with or having an interest in ships or shipping.

    • (1) This Act applies to

      (a) Ghanaian ships wherever they may be; and

      (b) other ships while in a port or place in or within the territorial and other waters of Ghana.

      (2) This Act does not apply to

      (a) ships and aircrafts of the Ghana Armed Forces; and

      (b) ships and aircrafts of any foreign visiting Armed Forces.

      (3) This Act applies to the Republic of Ghana.

    • (1) The Merchant Shipping Act, 1963 (Act 183), as amended by the following enactments

      (a) the Merchant Shipping, Act, 1963 (Amendment) Decree, 1969 (N.L.C.D. 372),

      (b) the Merchant Shipping (Amendment) Law, 1991 (P.N.D.C.L. 248);

      is hereby repealed.

      (2) Part I of the Fisheries Law, 1991 (P.N.D.C.L. 256) as retained by the Fisheries Act, 2002 (Act 625) is hereby repealed

      (3) Notwithstanding the repeal under subsection (1) of this section, any instrument or notice issued, served or granted under the repealed enactment or any valid law in existence immediately before the coming into force of this Act, shall until revoked, amended or cancelled continue in force as if it were made or issued under this Act.

      (4) In this section "instrument" means any Regulation, licence, certificate, validation, exemption, notice or other authority, issued, made or given.