Merchant Shipping Order, 2002 · As enacted · Part VII
Section 109
Official textFrom Attorney General's Chambers, unchanged
The Minister may, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, make regulations for carrying out the purposes and provisions of this
Part.
Without prejudice to the generality of subsection (1), the Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations providing for -
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(a} the standards of construction and equipment of ships including the provision of life-saving and fire-fighting appliances and radio installations;
equipment
"equipment", in relation to a ship, includes every fitting, thing or article belonging to, on or in the ship used or to be used in connection with, or necessary for the navigation or safety of, the ship or persons on board or the prevention of pollution, whether or not the fitting, thing or article is prescribed by this Order and, in particular, includes machinery, boilers, cargo handling gear and any fitting, thing or article prescribed by this Order;
the standards of accommodation for crew and passengers;
the tonnage measurement of ships;
the determination of the load lines;
the loading and carriage of goods, including dangerous goods;
(fJ the carriage of livestock;
the safety of navigation;
the prevention of collisions at sea (referred to in this Order as the collision regulations);
(i} the safety, health and welfare of persons employed on ships;
(jj the manner and frequency of the survey or inspection and the t issue, suspension, cancellation, extension and period of the validity of certificates or exemption certificates; and
(k} the recognition of certificates or exemption certificates issued by or under the authority of the government of any other country or territory for the purposes of section 108.
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, in the regulations make provisions to give effect to the provisions of any international convention or agreement concerning or relating to ships, ships' safety, ships' equipment, property or goods carried in ships or persons employed on ships and to which Brunei Darussalam is a party.
The owner and the master of any ship to which section 108 applies shall comply with any regulations made under this section and shall ensure that the ship and its equipment and in respect of any matter that is governed by the regulations comply with any such regulations before the ship goes to sea and at all times when the ship is at sea, unless otherwise provided in this Order.
master
"master" includes every person, except a pilot, having command or charge of any ship;
Any owner or master who contravenes subsection (4) shall be guilty of an offence and liable on conviction to a fine not exceeding $10,000 and the ship may be detained.
ship
"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
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2002
Overloaded ships.
Terms defined in s 2
collision regulations
Defined · s 2"collision regulations" means regulations made under section 109; •
equipment
Defined · s 2"equipment", in relation to a ship, includes every fitting, thing or article belonging to, on or in the ship used or to be used in connection with, or necessary for the navigation or safety of, the ship or persons on board or the prevention of pollution, whether or not the fitting, thing or article is prescribed by this Order and, in particular, includes machinery, boilers, cargo handling gear and any fitting, thing or article prescribed by this Order;
master
Defined · s 2"master" includes every person, except a pilot, having command or charge of any ship;
ship
Defined · s 2"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
Part VIII
Part IX
Inquiries and Investigations
Part X