Subsidiary Legislation · As enacted · 5 parts
Merchant Shipping (Registration of Ships) Regulations, 2006
Part I
Official textFrom Attorney General's Chambers, unchanged
s 1These Regulations may be cited as the Merchant Shipping (Registration of
Ships) Regulations, 2006.
Interpretation.
s 2In this Part -
"age", in relation to a ship, means the difference between -
(a} the year in which its keel was laid, or was at a similar stage of construction; and
(b} the year in which it is to be registered as a Brunei Darussalam ship;
"citizen of Brunei Darussalam" includes a permanent resident of Brunei
Darussalam;
"foreign-owned ship" means a ship that is not locally owned;
"local company" means a company, or a company which has a holding company, in which all or a majority of the shares are owned by persons who are citizens of Brunei Darussalam.
s 3Exemption of naval ships etc.
The following classes of ships are exempted from the requirements of these
Regulations -
fa}
ships belonging to the naval, military or air forces of Brunei
Darussalam; and 2141
{b) ships belonging to the Royal Brunei Police Force.
Non-application.
s 4These Regulations shall not apply to
{a) any fishing vessel;
{b) any pleasure craft; and
{c) ships or classes of ships belonging to the Government carrying out safety, customs, fiscal, health or immigration enforcement functions.
Owners of ships registered under Part II of Order.
s 5
The following persons are qualified to be owners of ships which are to be registered under Part II of the Order -
{a) citizens of Brunei Darussalam;
bodies corporate incorporated in Brunei Darussalam; and
an international business company or a foreign international company incorporated, converted or registered under the International Business
Companies Order, 2002 (S 56/2000).
Closure of registry of certain tugs, barges and ships.
s 6
The registry of a tug or a barge, or a ship of less than 1,600 tons, and owned wholly or partly by-
a local company shall be closed if all or a majority of the shares in the company or its holding company, if any, are; or
a citizen of Brunei Darussalam shall be closed if any share in the tug, barge or ship is, transferred to a person who is not a citizen of Brunei Darussalam or another local company.
Conditions for registry.
A ship, other than a tug or barge, owned wholly or partly by a company shall not be registered unless the company has a minimum paid-up capital of 10%
of the value of the ship or $500,000, whichever is the lesser amount.
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A bareboat charterer which is a company and is not the registered owner of any Brunei Darussalam ship shall have a minimum paid-up capital of
$500,000.
{3)
Notwithstanding sub-regulation (1), a company shall, for the purposes of that sub-regulation, have a paid-up capital of at least $50,000.
Sub-regulations (1) and (2) shall apply to a company only in respect of the first ship to be registered by it after the date of commencement of these
Regulations.
Requirements as to paid-up capital for company ownership of ships.
A tug or barge owned wholly or partly by a local company which owns only tugs or barges or both shall not be registered unless the company and its holding company, if any, has each a minimum paid-up capital of 10% of the value of the tug or barge or $250,000, whichever is the lesser amount.
A bareboat charterer which is a company and is not the registered owner of any Brunei Darussalam ship shall have a minimum paid-up capital of
$250,000.
Notwithstanding sub-regulation (1), a company shall, for the purposes of that sub-regulation, have a paid-up capital of at least $10,600.
Sub-regulations (1) and (2) shall apply to a company only in respect of the first ship to be registered by it after the date of commencement of these
Regulations.
For the purposes of sub-regulation (1), "holding company" has the same meaning as in sections 125 and 126 of the Companies Act (Chapter 39).
Closure of registry of ship upon reduction of paid-up capital of company owner.
Where a company which is required to have the minimum paid-up capital under regulation 7 or 8 for the registry of any ship, tug or barge reduces its paid-up capital below that minimum, the registry of the ship, tug or barge shall be closed by the Minister.
Where a company referred to in sub-regulation (1) of regulation 8 owns, besides any tug or barge, any other ship, regulation 7 shall apply to that company.
Regulations 5, 6, 7, 8 and this regulation shall not apply to a ship, tug or barge registered before the date of commencement of these Regulations.
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Registry of foreign-owned and locally-owned ships.
No foreign-owned ship shall be registered unless it is -
fa) fi.tted with mechanical means of self-propulsion; and
of not less than 1,600 tons.
No ship above 17 years of age shall be registered unless the Registrar is satisfied that the ship is in a satisfactory condition in all respects.
Sub-regulation (2) shall not apply to a Brunei Darussalam ship which is registered anew under subsection (1) of section 19 or subsection (1) of section 34
of the Order.
Application for registry.
A corporation applying for the registry of a ship under section 7 of the
Order shall submit to the Registrar the following particulars
the name of the corporation;
(bJ the name, address and nationality of its chairman or president;
(cJ the nap!e, address and nationality of each of its directors;
(dJ its nominal or authorised capital;
(eJ its paid-up capital;
the name, address and nationality of every shareholder of the corporation and the number of shares held by each shareholder; and
(gJ such other information as the Registrar may require.
The owner of a ship shall, when applying for the registry of the ship, submit to the Registrar the name, address and contact numbers of the representative person or persons of the ship appointed under regulation 12.
The owner of a ship shall notify the Registrar of any change in any of the particulars submitted under this regulation in respect of the ship within 30 days of the change.
The Registrar may at any time require the owner of a ship to produce such documentary evidence of any of the particulars submitted under this regulation as he thinks fit.
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Appointment of representative person.
s 12{1)
For the purposes of section 7 of the Order, the owner or bareboat charterer shall -
(a} appoint a person satisfying the requirements specified in sub-regulation (3) to be the representative person in relation to the ship.
The appointment shall be in the prescribed form as specified in the Second
Schedule; and
ensure that, so long as the ship remains registered, a person satisfying the requirements is appointed.
The Registrar shall enter the name, identity and address of the representative person appointed in the register.
The representative person shall be
a qualified person and the owner or part owner of the ship; or
a body corporate incorporated in Brunei Darussalam which is engaged in the business of managing or acting as agent for ships. In such case, the name and status or title of the person in the company with the ultimate responsibility for the ship must be given; and
(cJ resident in Brunei Darussalam.
The owner or bareboat charterer shall, in the event of any change of identity, address or contact numbers of the representative person appointed, notify the Registrar for the changes to be entered in the register, within 30 days after the change occurs and if he fails to do so without reasonable cause, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
A representative person appointed under sub-regulation (1) shall, in the event that he ceases in the business of managing or acting as agent for ships, give notice in writing of that event to the Registrar and the owner or bareboat charterer within 30 days after the occurrence thereof and if he fails to do so without reasonable cause, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
A representative person appointed under sub-regulation (1) who intends to cease acting as the representative person shall give notice in writing of his intention to the owner or bareboat charterer of the ship and deposit with the
s 13
Registrar a declaration that he has given such notice. Such notice shall have effect in accordance with regulation 2145
Notice to replace representative person.
s 13( 1)
The Registrar may, if he is satisfied that the representative person for the time being appointed in relation to a ship (not being the owner of the ship) -
{a) does not satisfy the requirements specified in regulation 12; or
{bj has failed to comply with sub-regulation (1) of regulation 14 or with any other obligation on him as the representative person by the Order or by these Regulations, by written notice served on the owner or bareboat charterer and on the representative person, require the owner or bareboat charterer to replace the representative person within 30 days after the date of service of the notice.
An owner or bareboat charterer who fails to comply with sub-regulation (1) shall be guilty of an offence and shall be liable on conviction to
. a fine not exceeding $5,000.
Duties etc. of representative person.
The representative person appointed under regulation 12 shall represent the owner and the bareboat charterer of a ship in respect of all matters concerning the operations of the ship, in particular, for all matters related to the crew, safety and environmental protection.
Without limiting the generality of the foregoing, the representative person shall, on behalf of the owner and bareboat charterer
{a) accept service of all documents in respect of legal proceedings against the owner or bareboat charterer of the ship, which may be served on the representative person pursuant to paragraph {d) of subsection (1) of section 183 of the Order;
{bj where the Registrar by notice served on the owner, bareboat charterer or representative person requires the owner or bareboat charterer to take any action or give any information concerning the ship or the operation of the ship as a registered ship, take such action or give such information within the time specified in the notice or, if no such time is specified, within a reasonable time.
The duties prescribed by sub-regulations (1) and (2) shall be in addition to and shall not derogate from any other duties prescribed in relation to a representative person by or under the Order or these Regulations.
Sub-regulations (1), (2) and (3) shall continue to apply to the appointed representative person until -
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fa/ the appointment by the owner or bareboat charterer of another representative person in relation to the ship;
fb the expiration of a period of 30 days after the date on which a declaration is deposited under regulation 12;
fc} the registration of the ship is closed; or
(d} that person's death, if an individual, or winding-up or dissolution, as the case may be, of a body corporate, whichever event occurs ftrst.
Nothing in this regulation shall be construed as making the representative person appointed in relation to a ship liable in any legal proceedings, whether civil or criminal, for any act or omission of the owner or bareboat charterer.
Appointment of agent.
For the purpose of making and signing the declaration of ownership for the registration of a ship as a Brunei Darussalam ship -
(a/ an individual owner may appoint an agent; and
(bj a corporate owner must appoint an agent if the declaration is not made and signed by a director or secretary of the corporation.
{2)
The appointed agent must be an individual of legal 'age.
The appointment of an agent shall use the form prescribed in the
Second Schedule.