Subsidiary Legislation · As enacted · 3 parts
Merchant Shipping (Registration of Fishing Vessels and Pleasure Craft) Regulations, 2011
Official textFrom Attorney General's Chambers, unchanged
s 1These Regulations may be cited as the Merchant Shipping (Registration of
Fishing Vessels and Pleasure Craft) Regulations, 2011 and shall commence on a date to be appointed by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette.
Interpretation.
In these Regulations, unless the context otherwise requires -
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"fishing vessel" means any ship which is used for fishing, including the processing or transportation of fish;
"ship's boat" means any ship carried on board another ship and affixed to the ship in the proper place for use during an emergency or for communication between the ship and the shore.
For the purposes of these Regulations -
any person who -
is the sole, joint or part owner of a fishing vessel or pleasure craft;
has possession or control of a fishing vessel or pleasure craft which is subject to the terms of a hire-purchase agreement 1
bill of sale or other similar instrument; or
!iii)
has possession or control of a fishing vessel or pleasure craft under the terms of a charter agreement,
BRUNEI DARUSSALAM GOVERNMENT GAZETTE shall be deemed to be the owner of the fishing vessel or pleasure craft;
and
{b) any person who is the owner of a fishing vessel or pleasure craft which is subject to the terms of a hire-purchase agreement, bill of sale or other similar instrument but who is not entitled to possession of the fishing vessel or pleasure craft shall be deemed not to be the owner of the fishing vessel or pleasure craft.
Non-application.
s 3
These Regulations shall not apply to any ship's boat.
Registration of fishing vessels and pleasure craft.
s 4
No person shall use or, being the owner, shall permit any other person to use a fishing vessel or pleasure craft unless such fishing vessel or pleasure craft is registered under these Regulations.
Registry of fishing vessels and pleasure craft.
s 5( 1)
The Director shall be the Registrar of fishing vessels and pleasure craft.
The Registrar shall keep a register of fishing vessels and pleasure craft in accordance with these Regulations.
Application for registry.
s 6[1)
An application for the registry of a fishing vessel or pleasure craft shall be made in such form and manner and accompanied by such documents and particulars as the Registrar may determine by the person applying to be registered as owner or by some other person on his behalf.
On receiving the application, the Registrar may -
fa} if he is satisfied that the fishing vessel or pleasure craft may be registered as such; and
{b}
upon the applicant making payment of the prescribed fee, register the fishing vessel or pleasure craft in the register of fishing vessels and pleasure craft and issue a certificate of registry to the applicant subject to such conditions as he may think fit to impose.
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Inspection of fishing vessels or pleasure craft.
In determining whether to issue or refuse to issue a certificate of registry, the Registrar may consider the seaworthiness of the fishing vessel or pleasure craft for its intended use.
For the purpose of sub-regulation 11), the Registrar may
{a) require any fishing vessel or pleasure craft for which an application for registry is made to be brought to any place for inspection; and
{b) cause the fishing vessel or pleasure craft to be inspected by an officer authorised by the Registrar.
Identification of fishing vessels or pleasure craft.
Upon the issue of a certificate of registry, the Registrar shall assign a registration number to the fishing vessel or pleasure craft.
The registration number of every fishing vessel or pleasure craft shall be prefixed TNith the letters specified in the First Schedule.
Registered owner to ensure fishing vessels or pleasure craft are properly marked.
s 9
The person registered as the owner of the fishing vessel or pleasure craft shall ensure that
{a) within one month of the date on which the fishing vessel or pleasure craft is registered, the registration number assigned by the Registrar is clearly painted on or affixed to the bows thereof against a contrasting background and carved on, cut in or centre punch into the main beam in such manner as approved by the Registrar; and
such marking is effectively maintained and renewed when necessary during the period of the registry of the fishing vessel or pleasure craft.
Provisional registry.
The Registrar may, if he thinks fit, provisionally register a fishing vessel or pleasure craft and grant a provisional certificate of registry if the application is not accompanied by such of the documents and particulars required under regulation 6(1).
The provisional registry of a fishing vessel or pleasure craft shall be valid for a period of not more than one year from the date of issue.