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In forceAs enacted

Subsidiary Legislation

Merchant Shipping (Tonnage) Regulations, 2006

Part I

Official textFrom Attorney General's Chambers, unchanged

s 2In these Regulations, unless the context otherwise requires-

117

"amidships" means the midpoint of the length;

"Certifying Authority" means the Director and any other organisation authorised by the Minister in accordance with the regulations made under section 125;

"Contracting State" means a country or territory which is a party to the

Convention;

"Convention" means the International Convention on Tonnage Measurement of Ships, 1969 and any amendment made thereto which has come into force and has been accepted by the Government;

"existing ship" means a ship which is not a new ship;

~gross tonnage" means the measure of the overall size of a ship determined in accordance with these Regulations;

"length" means 96% of the total length on a water-line at 85% of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that water-line, if that be greater. In ships designed with a rake of keel the water-line on which this length is measured shall be parallel to the designed water-line;

"net tonnage" means the measure of the useful capacity of a ship determined in accordance with these Regulations;

"new ship" means a ship the keel of which is laid or which is at a similar stage of construction on or after 18th. July, 1982.

Application.

s 3

These Regulations shall apply to the following ships registered or to be registered as Brunei Darussalam ships -

fa} new ships of 24 metres in length and above;

{bj existing ships of 24 metres in length and above after 17th. July, .

1994;

{cj new ships of less than 24 metres in length registered on or after 23rd. January, 1987.

Director to be notified of alteration or modification of ships.

(1)

Where a ship which has been issued with a tonnage certificate under these Regulations is to undergo alterations in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry as indicated in the. ship's passenger certificate, assigned load line or permitted draught of the ship, such as would result in an increase in the gross tonnage or net tonnage of the ship, its owner or his representative shall give to the Director prior notification in writing of the intended alteration or modification. The notification shall include details of the nature and extent of the alterations or modifications.

(2)

If the owner of a ship or his representative fails to comply with the requirements of sub-regulation (1), he shall be guilty of an offence and liable on conviction to a fine not exceeding $2,000.

Application for determination of tonnages.

(1)

An application for the determination of gross tonnages and net tonnages shall be made to the Certifying Authority by or on behalf of the owner of the ship.

(2)

The owner of the ship or his representative shall make the ship available for measurement by the Certifying Authority and afford all necessary facilities for its inspection and measurement and shall furnish to the Certifying Authority with such plans, drawings, calculations, specifications and other documents relating to the ship as the Certifying Authority may require.

2118

Issue of certificate.

(1)

The Certifying Authority shall issue to every ship the gross tonnages and net tonnages of which have been determined in accordance with Part II -

{a} an International Tonnage Certificate (1969) where the length of the ship is 24 metres and above;

{b) a Brunei Darussalam Tonnage Certificate where the length of the ship is less than 24 metres.

(2)

The International Tonnage Certificate (1969) and the Brunei Darussalam

Tonnage Certif1cate shall be in Forms I and II, respectively, set out in the First

Schedule.

Issue of certificate by government of Contracting State.

s 7{1)

The Director may request the government of a Contracting State to determine the gross tonnages and net tonnages of a Brunei Darussalam ship or a ship intended to be registered in Brunei Darussalam to which the Convention applies and issue an International Tonnage Certificate (1969) to the ship in accordance with the Convention.

(2)

The Director may, at the request of the government of a Contracting

State, determine the gross tonnages and net tonnages of a ship flying the flag of that Contracting State and issue an International Tonnage Certificate {1969) to the ship in accordance with the Convention.

(3)

A certificate issued under sub-regulation (1) or (2) shall be treated as if it were issued under these Regulations.

Cancellation of certificates.

(1)

Unless decided by the Director otherwise, a certificate issued under these Regulations shall cease to be valid and shall be surrendered to the Director for cancellation if alterations have taken place in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry as indicated in the ship's passenger certificate, assigned load line or permitted draught of the ship, such as would result in an increase in the gross tonnage or net tonnage.

(2)

The International Tonnage Certificate ( 1969) held by a foreign registered

·ship at the time of its transfer to the Brunei Darussalam registry shall remain in force until the expiry of a period of 3 months from the date of the transfer or until the Certifying Authority issues a new International Tonnage Certificate (1969) to replace it, whichever occurs earlier.

2119

Inspection.

s 9A ship flying the flag of a Contracting State shall be subject, when in

Brunei Darussalam, to inspection by the Director. Such inspection shall be limited to the purpose of verifying -

{a} that the ship is provided with a valid International Tonnage

Certificate ( 1969); and

(b)

that the main characteristics of the ship correspond to the data given in the certificate.

(2)

Any inspection shall not cause any delay to the ship.

(3)

If the inspection reveals that the main characteristics of the ship differ from those entered in the International Tonnage Certificate (1969) so as to lead to an increase in the gross tonnage or the net tonnage, the government of the

Contracting State whose flag the ship is flying shall be informed by the Director without delay.

Part II

Schedules