web viewin exercise of the powers conferred upon me by sections 51, 52 and 92 of the shipping act...

SHIPPING (REGISTRATION) REGULATIONS 2010

ARRANGEMENT OF REGULATIONS

PART 1 - PRELIMINARY1. Citation and commencement2. Interpretation3. Application of these Regulations

PART 2 - APPLICATIONS FOR REGISTRATION OF VESSELS4. Form and particulars for applications5. Declaration of Entitlement to Ownership

PART 3 - REQUIREMENTS APPLYING TO THE REGISTRATION PROCESS6. Builders Certificates7. Tonnage measurement8. Carving and Marking Notes9. Approval of Registration

PART 4 - PROVISIONAL REGISTRATION10. Applications for Provisional Registration11. Protection for the crew of provisionally registered vessels

PART 5 - REQUIREMENTS APPLYING TO NAMES OF VESSELS12. Vessels to be described by registered name only13. Restrictions applying to names of vessels14. Change of registered names

PART 6 - CHANGES OF OWNERSHIP AND PARTICULARS15. Recording changes of ownership16. Requirements applying to Bills of Sale17. Requirement to notify changes in ownership18. Changes to a vessel’s registered particulars

PART 7 - TRANSMISSION OF INTERESTS IN VESSELS19. Authentication of the transmission of any interest20. Transmission of interests in a registered vessel

PART 8 - REGISTRATION OF MORTGAGES AND LIENS21. Registration of mortgages applying to registered vessels22. Discharge of registered mortgages23. Notification of changes in mortgage interests24. Registration of maritime liens25. Discharge of registered maritime liens

PART 9 - OTHER MATTERS AFFECTING THE REGISTER26. Grounds for termination of registration27. Review of the register28. Registration of other authorised matters

PART 10 – SAFETY REQUIREMENTS APPLYING TO REGISTERED VESSELS29. Survey and safety certificates30. Survey and safety certificate fees31. Annual registration fees

PART 11 - MISCELLANEOUS32. Use of Forms33. Periodic review of Fees34. Offences against these Regulations35. Compliance with other laws36. Repeals37. Savings of existing registrations

SCHEDULES

SCHEDULE 1 APPROVED CLASSIFICATION SOCIETIES

SCHEDULE 2 REGISTRATION FEES

SCHEDULE 3 FEES FOR SURVEYS AND SAFETY CERTIFICATES

SCHEDULE 4 ANNUAL REGISTRATION FEES

SCHEDULE 5 FORMS FOR REGISTRATION

2

SHIPPING ACT 1998

(No 5 of 1998)

SHIPPING (REGISTRATION) REGULATIONS 2010

IN exercise of the powers conferred upon me by sections 51, 52 and 92 of the Shipping Act 1998, I STANLEY SOFU, MINISTER FOR INFRASTRUCTURE DEVELOPMENT, do hereby make these Regulations –

PART 1 - PRELIMINARY

1. Citation and commencement(1) These Regulations may be cited as the Shipping (Registration) Regulations 2010.

(2) These Regulations shall commence on the 1st day of July 2010.

2. Interpretation(1) In these Regulations, unless the contrary intention appears –

“Act” means the Shipping Act 1998;

“Administration” means the Solomon Islands Maritime Safety Administration established under the Maritime Safety Administration Act 2009;

“approved form” means the form approved for that purpose by the Director in accordance with regulation 32;

“convention vessel” means any registered vessel other than a non-convention vessel;

“gross tonnage” means the gross tonnage of the vessel as specified in relation to a vessel in the register, and where the gross tonnage of a vessel is not accurately known, then for all regulatory purposes it shall be determined by the formula –

Length x Breadth x Depth x 0.75 (this is nonsense) 100

“length of vessel” means the overall length of the vessel as specified in the survey certificate;

“non-convention vessel” has the same meaning as in the Shipping (Non-Convention Vessel Safety) Regulations 2006;

“prescribed classification societies” mean any of the classification societies listed in Schedule 1; and

“registrar” means the Director of Marine holding office in accordance with the Maritime Safety Administration Act 2009, and lawfully vested with the functions and powers of the registrar under the Shipping Act 1998.

(2) All words and phrases in these Regulations shall have the same meaning as is given to them under the Shipping Act 1998 and the Shipping (Non Convention Vessel Safety) Regulations 2006, unless a contrary intention appears.

3. Application of these Regulations(1) These Regulations shall apply to all vessels required to be registered under Part II and Part III of the Act.

(2) These Regulations shall apply to the registration of all vessels, and all other matters provided for under these Regulations, from the 1st day of July 2010.

3

PART 2 - APPLICATIONS FOR REGISTRATION OF VESSELS

4. Form and particulars for applications(1) Applications for the registration of all vessels to which these Regulations apply shall be in the approved form, and shall specify -

(a) the name of the owners to be registered, and their residential and business addresses;(b) a description of the vessel, and particulars of –

(i) its tonnage; and(ii) of any previous registration;

(2) Each application made under this regulation shall be accompanied by –(a) an application for the name of the vessel in the approved form, with a list of at least 3

alternative names;(b) a Declaration of Qualified Person in the approved form, which provides details of

each of its owners;(c) evidence of the vessel’s seaworthiness to the satisfaction of the registrar;(d) evidence of the cancellation of any previous foreign registration;(e) evidence by Bill of Sale in the approved form that the applicant is the owner of the

vessel;(f) appointment of a Managing Owner or Manager (if any) in the approved form;(g) a Declaration of Appointment of Agent in the approved form, if an agent is

appointed; and (h) a certificate in the approved form signed by the builder, if it is a new vessel.

(3) Each application for registration shall be accompanied by the prescribed fee.

5. Declaration of Entitlement to Ownership(1) Every Qualified Person who wishes to be registered as an owner of a registered vessel, or a share in the ownership of a vessel, must complete a Declaration of Entitlement to Ownership in the approved form.

(2) Each declaration shall specify –(a) the name of the vessel; (b) each person who has a share in the ownership of the vessel, with particulars of –

(i) the address and nationality of each person claiming ownership; (ii) the grounds upon which each person claims their nationality; and (iii) the qualifying interest, with documentary evidence of that interest.

(3) The particulars required under this regulation can be provided in several documents, if the combined particulars provided in the several documents comply with the requirements stated in the approved form.

(4) Where the registrar has any doubts as to the bona fide ownership of a vessel in relation to which an application for registration has been made, the registrar may require the applicant to place a public advertisement notifying of the proposed application and seeking any response from persons making any claim to ownership of the vessel.

(5) The requirements applying to an advertisement under sub-regulation (4) may be determined by the registrar, and the registrar may proceed to register the vessel if no response has been received within the stipulated time.

(6) The registrar may approve a Declaration submitted under this regulation, and upon payment of the prescribed fee the registrar may make an entry in the register to record the relevant ownership interest.

4

PART 3 - REQUIREMENTS APPLYING TO THE REGISTRATION PROCESS

6. Builders Certificates(1) For the purposes of registration of vessels, the builders certificate required under regulation 4(2)(h) shall specify –

(a) the name (if any) of the vessel; (b) the builder’s identification number for the vessel;(c) the year the vessel was built;(d) the place the vessel was built; (e) the name and address of the builder; (f) the name and address of the person for whom it was built; (g) the particulars and characteristics of the vessel; (h) the builder’s estimate tonnage of the vessel; and(i) any other matter or particular required by the registrar.

(2) Every builder’s certificate shall be in the approved form, and shall be signed by the builder or builders of the vessel.

(3) The specifications and particulars required under this regulation may be contained in more than one document if the vessel was built in stages by more than one builder, but each builder must sign the certificate if it relates to more than one stage of construction by different builders.

(4) If the builders certificate cannot be obtained for reasons that are accepted by the registrar, then the owner must make a declaration stating each of the specifications and particulars required by this regulation, and the declaration must be attached to the application for registration.

(5) For the purposes of this regulation, if a vessel has been altered after its completion then that shall be regarded as having been constructed in more than one stage.

7. Tonnage measurement(1) For the purposes of registration of vessels, tonnage measurement –

(a) for vessels to which the Tonnage Measurement Convention applies - shall be done in accordance with the Tonnage Measurement Convention 1969 as amended; or

(b) for non-convention vessels – shall be done in accordance with the Shipping (Non-Convention Vessel Safety) Regulations 2006.

(2) In the case of a vessel to which the Tonnage Measurement Convention applies the Tonnage Certificate must be in the approved form.

(3) All vessels must be made available for measurement by an approved surveyor, and the owner and master of the vessel must make available all necessary facilities for the inspection and measurement to be undertaken.

(4) Plans, drawings, specifications and other documents required by a surveyor must be made available by the owner and master.

(5) Registration of a vessel shall not be made under these Regulations until the registrar has been provided with –

(a) for vessels to which the Tonnage Measurement Convention applies - an International Tonnage Measurement Certificate; or

(b) for non-convention vessels – a tonnage survey report issued in accordance with section 20 of the Act; and

(c) a certificate of survey in the approved form, which must confirm that the vessel is in class with one of the prescribed classification societies; and

5

(d) a certificate of survey in the approved form, which must confirm compliance with the conventions referred to in section 56(1) of the Act (as at December 2013)

(i) Collision Convention;(ii) Load Line Convention;(iii) Safety Convention;(iv) Tonnage Measurement Convention;(v) STCW; and(vi) MARPOL. 73/78 Convention.

8. Carving and Marking Notes(1) The Carving and Marking Note issued by the registrar shall be in the approved form and shall indicate requirements for the marking of a vessel in compliance with this regulation.

(2) The marking of every vessel must conform to the Carving and Marking Note issued by the registrar, and each vessel shall be marked –

(a) with its name each side of the stem; (b) with the word “Honiara” on its stern and below its name; (c) on each side of its stem and stern by a scale of decimetres, or metres and decimetres,

to denote its draught;(d) on its main beam with its official number and gross tonnage; and(e) with the load line marks determined by the surveyor.

(3) The name and place of registration shall be in white or yellow letters on a dark background, or black letters on a light background.

(4) Letters must be at least 10cm in height (with proportionate breadth), and not less than 2 cm in thickness.

(5) The draught markings required under sub-regulation (2)(c) shall –(a) be in white or yellow letters on a dark background, or black letters on a light

background; (b) be welded or cut into the vessel; (c) be 10cm in length, with proportionate breadth; and (d) show each metre interval and each intervening 20 cm interval, with a letter “M” must

be placed after each metre.

(6) The topmost figure of the scale of the draught markings shall show the metres, and the 10cm intervals denoted by the figure, and the lower line of each figure shall coincide with the draught line denoted by each figure.

(7) The surveyor shall complete the Carving and Marking Note after inspection of the vessel, and shall certify that the official number and registered tonnage have been permanently and conspicuously cut in the vessel’s main beam, and that the vessel’s name, port of registry and draft marks have been marked in the manner required by these Regulations.

(8) The Carving and Marking Note must then be returned to the registrar by the owner of the vessel.

9. Approval of Registration(1) If the Registrar is satisfied that the vessel is wholly owned by Qualified Persons and that the application for registration meets the requirements of these Regulations, then upon payment of the prescribed fee, the registrar may approve the registration of the vessel, and issue a Certificate of Registry.

(2) The registrar shall ensure that particulars of registration are entered in the registry to record –

6

(a) the official number assigned to the vessel in the registry; (b) the registered name of the vessel; (c) the date and time of registration;(d) the port of registry; (e) the call sign; (f) the place of construction and the year of completion; (g) the characteristics of the vessel, including its gross tonnage, net tonnage and any

alternative tonnages; (h) in relation to each person who owns the vessel –

(i) the name, address and nationality of each registered owner; (ii) the extent of the interest in the vessel of each owner; and(iii) any other particulars of the Bill of Sale that the registrar determines should

appear in the register;(j) in relation to any company which owns the vessel, or manages the vessel on behalf of the owners –

(i) the name of the company and the address of its registered office;(ii) the name and address of the directors of the company and its manager or

chief executive officer;(iii) the extent of the interest in the vessel of the company; and(iv) any other particulars of the Bill of Sale that the registrar determines should

appear in the register1; and(v) the name and address of the nominated Managing Owner or Manager, if any.

(3) If the vessel has been previously registered in the register, then its official number shall be retained, but the registry number shall be the next number allocated for that year.

(4) The registrar shall sign each entry and affix the seal of the Administration.

(5) The registrar shall ensure that the following documents are retained and kept secure – (a) the Application for Registration; (b) each Declaration of Qualified Person; (c) the Builders Certificate; (d) the Notice of Name of a Vessel, or change of name; (e) the Certificate of Survey; (f) the appointment of Managing Owner or Manager, if any; and (g) any other documents that the registrar decides to retain.

(6) A Certificate of Registry shall be issued in the approved form.

PART 4 - PROVISIONAL REGISTRATION

10. Applications for Provisional Registration(1) All applications for the provisional registration of vessels in accordance with section 26 of the Act, and for the issue of a Provisional Certificate of Registry must be in the approved form and be accompanied by the prescribed fee.

(2) The approved form for Applications for Provisional Registration shall require that the information and documentation applying under regulation 4 be provided, and each application must specify –

(a) the name, official number and call sign of the vessel; (b) the proposed date and place of issue of the Provisional Certificate; (c) the reasons for making the application for provisional registration; and

1 Where a vessel is purchased through funds from the Government Shipping Grant on behalf of the Constituents, the Company managing the vessel may be issued with the Registration Certificate for operational purposes.

7

(d) the date on or near which the vessel is expected to arrive at the port of registry.

(3) All applications under this regulation must be accompanied by a Declaration of Qualified Person for each of its owners.

(4) Each application under this regulation must be signed by the owner or master of the vessel.

(5) The applicant must pay all expenses incurred by the Administration in inspecting the vessel, including payment for the inspection and full travel costs incurred by the surveyor, as fixed by the registrar.

(6) The registrar may approve an application for provisional registration of a vessel and upon payment of the prescribed fee, shall then issue a Certificate of Provisional Registration.

(7) The Certificate of Provisional Registration may be issued by the surveyor who is authorised to inspect the vessel prior to its departure for Solomon Islands, unless the registrar directs otherwise.

11. Protection for the crew of provisionally registered vessels(1) No Certificate of Provisional Registration shall be issued unless the owner or master of the vessels establishes that proper articles of employment have been drawn up for all crew engaged for the voyage of the vessel to Solomon Islands.

(2) No registration of any provisionally registered vessel shall be made in accordance with Parts 2 and 3 until the owner or master satisfies the registrar that all articles have been fully discharged and closed by full payment to all crew of the provisionally registered vessel of all their entitlements in relation to the voyage to Solomon Islands.

PART 5 - REQUIREMENTS APPLYING TO NAMES OF VESSELS

12. Vessels to be described by registered name onlyIn relation to all official records and returns, and in all commercial and trading activities, a registered vessel must be described only by its current registered name.

13. Restrictions applying to names of vessels(1) When considering an application for registration under these Regulations, or any application for a change of a registered name of a vessel, the registrar shall not approve –

(a) names of existing vessels; (b) approved names of vessels in the process of registration;(c) names which are likely to be confused or mistaken for any registered or approved

names; (d) names that are blasphemous or likely to cause offence; (e) names which falsely suggest a connection with –

(i) the Government of Solomon Islands, or any Government ministry or department, or any provincial or local government;

(ii) the Commonwealth of Nations;(iii) the United Nations; or (iv) the Police Service; or

(f) names of political parties in Solomon Islands.

14. Change of registered names(1) An application may be made to the registrar for the change of name of a registered vessel.

(2) An application under this regulation must be in the approved form and be accompanied by the prescribed fee.

8

(3) Each application must specify the current registered name and the official number of the vessel, and it must nominate three proposed names in order of preference.

(4) When the registrar approves an application under this regulation, the registrar shall cause the new name to be entered in the register and to be endorsed on the vessel’s Certificate of Registry.

(5) The owner of any vessel who has obtained approval under this regulation shall forthwith ensure that the required markings of the new name are made in accordance with the regulation 8.

PART 6 - CHANGES OF OWNERSHIP AND PARTICULARS

15. Recording changes of ownership(1) All applications for the registration of a change of ownership of a registered vessel must be in the approved form and accompanied by a Bill of Sale and the prescribed fee.

(2) If the registrar is satisfied that a change of ownership of a registered vessel has lawfully taken place the registrar shall –

(a) enter details of the change in the register; (b) endorse details of the change on the Certificate of Registry; and (c) retain the Bill of Sale and Declaration of Qualified Person applying to the new owner

of the vessel.

16. Requirements applying to Bills of Sale(1) For the purposes of section 31 of the Act and regulation 15(1), a Bill of Sale must be in the approved form, and must specify –

(a) the name and official number of the vessel; (b) the vessel’s registered particulars as required by regulation 6(1)(g); (c) the name and address of the transferor and the transferee; and (d) the number of shares in the vessel to which the Bill of Sale relates.

(2) Every Bill of Sale must be signed by the transferor, and must be under the corporate seal if the transferor is a company.

(3) A Declaration of Qualified Person on Transfer of a Vessel made under section 32 of the Act must be in the approved form, and must –

(a) specify –(i) the name and official number of the vessel; (ii) the date of the Bill of Sale; and(iii) each person who is the transferee, and their nationality and the grounds upon

which the nationality is claimed; and (b) be signed by each transferee.

17. Requirement to notify changes in ownership(1) The owner of a registered vessel must notify the registrar of any change of ownership within 14 days of the date that the change of ownership has legally taken effect, and must file a Notice of Change of Ownership.

(2) If any owner ceases to be a Qualified Person then he or she must immediately notify the registrar.

18. Changes to a vessel’s registered particulars

9

(1) If any alteration is made to a registered vessel that changes its registered particulars then the owner must file a Notice of Alteration of Particulars with the Registrar within 21 days of the alterations being completed.

(2) Each notice filed under this regulation must be in the approved form and accompanied by the prescribed fee.

(3) Upon notification under this regulation, the registrar shall make entries in the register of all changes to –

(a) the description of the vessel; (b) the tonnage and length of the vessel; and (c) any other particulars or material changes to the vessel that the registrar determines

should be altered in the register.

(4) Upon acceptance by the registrar of any notice filed under this regulation, the owner of the vessel shall forthwith ensure that the required markings relating to any particular of the vessel that has been changed are altered so as to comply with the requirements applying under regulation 8.

PART 7 - TRANSMISSION OF INTERESTS IN VESSELS

19. Authentication of the transmission of any interest(1) The transmission of any ownership interest in a registered vessel, or an interest in a mortgage applying to a registered vessel, by reason of the operation of Sections 34 and 40 of the Shipping Act 1998, must be made by application to the registrar, and authenticated by a Declaration of Transmission in the approved form.

(2) In cases of transmission arising from death, the Declaration of Transmission must be accompanied by the probate or letters of administration evidencing the legal representative of the deceased person.

(3) In the case of transmission arising from insolvency or bankruptcy, the Declaration of Transmission must be accompanied by such evidence as is receivable in court as proof of the title of the person claiming ownership.

(4) Every Declaration of Transmission filed with the registrar must specify –(a) the name and official number of the vessel; (b) the name and address of each person from whom the interest is to be transmitted; and (c) the name, address and nationality of each person to whom the interest is to be

transmitted.

(5) The registrar may require the provision of any additional information, or the verification of any information that is provided.

20. Transmission of interests in a registered vessel(1) If the registrar is satisfied that an application made under regulation 19 meets the prescribed requirements and establishes that there has been a lawful transmission of an interest in a registered vessel, the registrar may amend the register to record the transmission of the interest.

(2) Applications for transmissions under this Part must be accompanied by the prescribed fee, and all amendments of the register to give effect to any lawful transmission of an interest in a registered vessel are subject to payment of the prescribed fee.

10

PART 8 - REGISTRATION OF MORTGAGES AND LIENS

21. Registration of mortgages applying to registered vessels(1) Applications for the registration of mortgages affecting registered vessels must be in the approved form and accompanied by the prescribed fee.

(2) All applications under this regulation must include the name, official number and particulars of the vessel, and the name and address of the mortgagor and mortgagee.

(3) The mortgage document must specify –(a) the amount and nature of the consideration; (b) the principal sum lent under the mortgage, or the current account or line of credit

secured by the mortgage; and (c) any collateral loan agreement.

(4) The mortgagor must sign the mortgage in the presence of a witness, or duly affix the corporate seal in the case of a company.

(5) In the case of a mortgage executed under corporate seal, the registrar must be provided with details of the particular company’s requirements for the sealing of instruments to verify that the mortgage has been duly executed.

(6) If the registrar is satisfied as to the form of the mortgage and the particulars stated in it, and upon payment of the prescribed fee, the registrar shall register the mortgage in the registry and enter the date and time of registration.

22. Discharge of registered mortgages(1) Applications for the discharge of a registered mortgage under section 37 of the Act must be made on the approved form, and must be accompanied by the prescribed fee.

(2) The registrar may require the provision of any relevant information, or any verification of information that is provided in support of an application for the discharge of a registered mortgage.

(3) The registrar may enter any relevant details in the registry, as determined by the registrar, when a discharge of mortgage is accepted in accordance with this regulation.

23. Notification of changes in mortgage interests(1) The holder of any interest under a registered mortgage must notify the registrar of any change of any interest held by any person in a registered mortgage, within 14 days of the date that the change has legally taken effect.

(2) A Notice of Change of Mortgage Interest must be filed in the approved form and accompanied by the prescribed fee by any person who is obliged to comply with sub-regulation (1).

24. Registration of maritime liens(1) Applications for the registration of maritime liens affecting registered vessels must be made to the registrar on the approved form, and must be accompanied by the prescribed fee.

(2) A maritime lien must be in the form approved by the registrar for registration under this regulation.

(3) The registrar may require that any relevant particulars be provided in relation to a maritime lien to be registered under these Regulations, and may enter any relevant details in the register, as determined by the registrar, when the registration of a maritime lien affecting a registered vessel is accepted in accordance with these Regulations.

11

25. Discharge of registered maritime liens(1) Applications for the discharge of a registered maritime lien must be made on the approved form, and accompanied by the prescribed fee.

(2) Written notification from the holder of a registered lien must be provided to the registrar before action is taken by the registrar to enter a note of the discharge of any maritime lien.

(3) The registrar may require the provision of any relevant information, or any verification of information that is provided in support of an application for the discharge of a registered maritime lien.

(4) The registrar may enter any relevant details in the registry, as determined by the registrar, when a discharge of maritime lien is accepted in accordance with this regulation.

PART 9 - OTHER MATTERS AFFECTING THE REGISTER

26. Grounds for termination of registration(1) The registrar shall terminate the registration of a vessel in accordance with any power provided for in the Act, these Regulations and any other law, and may terminate the registration of a vessel on the grounds that -

(a) fees payable to the Administration or the government in relation to the registered vessel are unpaid;

(b) any false or misleading information has been provided in relation to the registration of the vessel; or

(c) if a court makes any determination in relation to the ownership of the vessel which is not consistent with a Declaration provided under regulations 5 or 19.

(2) The registrar may amend the register to record any termination of registration made under sub-regulation (1), and shall give written notification to all persons who were registered as owners, or as otherwise having any interest in the vessel, of the termination of the registration.

27. Review of the register(1) The registrar shall undertake a review of the register on at least one occasion each calendar year for the purposes of ensuring that registrations of vessels are current and to determine any matter affecting the validity of the registered particulars applying to the registered vessels.

(2) The registrar may exercise the powers under section 30 and 42 of the Act to ascertain the accuracy or legality of any matter stated in the register, and shall ensure that registrations are closed and vessels are struck off the register as provided for in section 41 of the Act.

28. Registration of other authorised matters(1) In the event that the Act or any other law makes provision for the registration of any interest in a vessel other than the interests provided for in these Regulations, the registrar may determine –

(a) the requirements applying to any application for registration that is permissible under the Act; and

(b) the particulars of registration to be entered into the registry in such cases.

(2) The registrar shall ensure that any requirements and particulars approved under this regulation are consistent to the fullest extent possible with the requirements applying to the registration of vessels under these Regulations.

12

PART 10 – SAFETY REQUIREMENTS APPLYING TO REGISTERED VESSELS

29. Surveys and Safety Certificates(1) All registered vessels that are non-convention vessels must comply with the requirements for surveys and safety certificates under the Shipping (Non Convention Vessel Safety) Regulations 2006, and any failure to comply with the provisions of those Regulations shall be grounds upon which the registrar may suspend or close the registration of the vessel.

(2) All registered vessels that are convention vessels must undergo surveys and be issued with safety certificates in a manner and at such times so as to comply with the –

(a) International Convention for the Safety of Life at Sea (SOLAS) 1974 (as amended);(b) International Convention on Load Lines (as amended);(c) International Convention for Preventing Collisions at Sea 1972 (as amended);(d) International Convention on Tonnage Measurement 1969; and (e) International Convention for the Prevention of Pollution from Ships 1973, and all

other applicable Conventions relating to the prevention of marine pollution from ships.

(3) For the purposes of ensuring compliance with sub-regulation (2), the Administration may apply the provisions of the Shipping (Non Convention Vessel Safety) Regulations 2006 to convention vessels, with such necessary modifications as the Director determines to be necessary to achieve compliance with the conventions referred to in sub-regulation (2).

(4) The requirements applying to the maximum number of passengers which may be carried on a registered vessel are as prescribed in regulation 28 and Schedule H of the Shipping Regulations 1967, or any regulations which replace those provisions.

(5) The registration of any convention vessel which fails to comply with the provisions of this regulation may be suspended or closed.

30. Survey and safety certificate feesSubject to regulation 33, the fees stated in Schedule 3 shall apply to all surveys and safety certificates undertaken and issued in relation to registered vessels.

31. Annual registration fees (but see Act 51(1))(1) Subject to regulation 33, the annual fees specified in Schedule 4 are payable each year in respect of each registered vessel.

(2) The annual fees under this regulation are payable at the time of survey and issue of safety certificates, or at any other time determined by the Director.

PART 11 - MISCELLANEOUS

32. Use of FormsAll forms required for the application of these Regulations shall be approved when necessary by the Director in the exercise of the powers stated in section 11 of the Maritime Safety Administration Act 2009.

33. Periodic review of Fees(1) All fees prescribed under these Regulations shall increase by 5% per annum, and each increased fee shall be deemed to be imposed under these Regulations from the 1 st January each year after the commencement of these Regulations.

13

(2) When fees are increased in accordance with sub-regulation (1), the Director may publish a list of revised fees to be displayed at the offices of the Administration and to be otherwise notified and circulated as the Director determines.

34. Offences against these Regulations(1) Any person who provides any false information or documentation –

(a) in relation to any application made, or notification given, under these Regulations; or(b) when otherwise required to provide information, or the verification of any

information, by the registrar –commits an offence and shall be liable upon conviction to a fine not exceeding 500 penalty units.

(2) Any person who –(a) fails to comply with any requirement applying under these Regulations relating to the

marking of a vessel;(b) uses any name for a vessel other than its registered name in breach of regulation 12;

or(c) fails to give notification to the registrar of any matter, or of any change relating to a

registered vessel, that is required to be notified to the registrar under these Regulations -

commits an offence and shall be liable upon conviction to a fine not exceeding 500 penalty units.

35. Compliance with other lawsThe provisions of these Regulations shall be read and construed as supplementary to and not in derogation of the provisions of other laws of Solomon Islands.

36. Repeals(1) On the coming into force of these Regulations, the following provisions of the Shipping Regulations 1967 are repealed –

(a) regulations 18 – 27 inclusive;(b) regulations 29 – 36 inclusive;(c) regulations 38 and 39;(d) Schedules E (except paragraphs 21 and 30), F and G.

(2) The following provisions of the Shipping Regulations 1967 shall have the status of Regulations for the purposes of section 219 of the Shipping Act 1998, and shall continue to have application to all registered vessels and be applied in relation to the inspection and certification of registered vessels –

(a) regulations 28 and 37;(b) paragraphs 21 and 30 of Schedule E; and(c) Schedule H.

37. Savings of existing registrations(1) All registrations of vessels, and of interests in vessels, appearing in the register prior to the commencement of these Regulations are deemed to be valid and in compliance with the provisions of these Regulations.

(2) The registrar may make any alterations to the register to reflect the requirements of these Regulations, and may require the owner of any registered vessel, or of any interest in a registered vessel, to provide such information or documentation as the registrar considers necessary to ensure that the details in the register are in accordance with the requirements of these Regulations.

MADE AT HONIARA this day of 2010

14

STANLEY SOFUMINISTER FOR INFRASTRUCTURE DEVELOPMENT

15

SCHEDULE 1APPROVED CLASSIFICATION SOCIETIES

American Bureau of ShippingBureau VeritasDet Norske VeritasGermanischer LloydLloyd’s Register of ShippingNippon Kaiji Kyokai

SCHEDULE 2REGISTRATION FEES

1. Fees for Applications for Registration –The application fees payable for initial registration under regulation 4 (including registration made after the grant of provisional registration) and for re-registration are-

Gross Tonnageof vessel

Fees

0 – 50 $75051 – 100 $900101 – 150 $1,200151 – 200 $1,600201 – 250 $1,900251 – 300 $2,200301 - 400 $2,600

Above 400GT $2,600 plus an additional $230 for every 100GT or part thereof

2. Fees for Applications for Provisional Registration under regulation 10 -$1,000 (plus payment in full of all expenses assessed under regulation 10(5)).

3. Miscellaneous Fees(a) For Certificate of Registry

(i) Initial issue of Certificate of Registry under section 25 $200(ii) Issue of certified copy of Certificate of Registry under

section 27 $300(b) Grant of Provisional Certificate of Registry under section 26 $200(c) Extension of period of validity of Provisional Certificate

of Registry $100(d) Registration of –

(i) Bill of Sale: $150 plus $50 for each $25,000 of the vessel’s value as disclosed in the Bill of Sale

(ii) Mortgage: $150 plus $50 for each $25,000 of amount secured by the mortgage

(iii) Maritime Lien: $150 plus $50 for each $25,000 of the debt stated in the Maritime Lien

(e) Registration or endorsement of –(i) Change of registered name of a vessel $150(ii) Change of Particular of a registered vessel $150

16

(iii) Change of particular relating to owner or agent $150(iv) Change of particular relating to a mortgage or lien $450

(f) Registration of transfer of ownership or transfer of mortgage $450(g) Registration of transmission of ownership or transmission

of mortgage $450(h) Registration of discharge of mortgage $200(i) Fee for inspection of the Register $200(j) Search fee using services of Registry staff $300(k) Closure of Registration or deletion from the register $300(l) Extension of time for lodging documents $150(m) Transcript or certified copy of any certificate or document $400

Ordinary copy of any certificate or document $80(n) General Application fee for any application under the Act or

Regulations (if no other fee is prescribed) $400

SCHEDULE 3

FEES FOR SURVEYS AND SAFETY CERTIFICATESFees payable for annual survey and issue of safety certificate under Part 10 are -

Gross Tonnage of vessel Fees1 – 2 $2002 – 5 $2505 – 15 $300

15 – 25 $36025 – 40 $44040 – 60 $52060 – 80 $620

800 – 100 $740100 – 150 $900150 – 200 $1,200200 - 400 $1,500

Above 400GT $2,600 plus an additional $230 for every 200GT or part thereof

SCHEDULE 4

ANNUAL REGISTRATION FEESAnnual Registration Fees payable for each registered vessel under regulation 31 are -

Gross Tonnage of vessel Annual Fee0 – 50 $ 800

51 - 100 $ 1,000101 - 150 $ 1,200151 - 200 $ 1,400201 - 250 $ 1,600251 – 300 $ 1,800

Above 300 GT Base fee of $1,800 plus $100 for every 100GT or part thereof

17

SCHEDULE 5

FORMS FOR REGISTRATIONForm 1 – Application for Ship Registration: Shipping Act [Section 4(3), 5(4), 6(4), 9(1),

(5),13(1), 28(1)];

Form 2 – Builder's Certificate: Registration Regulation [Section 4(2)(h), 6(1),(2),(4), 9(5)(c)]

Form 3 – Declaration of Qualified Person: Shipping Act [Section 32, 33]; Registration Regulation: [Section 4(2)(b), 9(5)(b), 10(3), 15(2)(c), 16(3)]

Form 4 – Safety Certificate: Shipping Act [Section 62, 63, 64(3), 65(1)(2)(3)(4), 66, 67, 78(1)(2)] Registration Regulation [Section 29(1),(2), 30, 31(3)]

Form 5 – Tonnage Certificate (Convention Ship): Shipping Act [Section 20, 29(1)(3)]Registration Regulation [Section 7(1),(2),(5), 29(2)]

Form 6 – Tonnage Certificate (Non-Convention Ship): Shipping Act [Section 20, 29(1),(3)]Registration Regulation [Section 7(1),(2),(5), 29(2)]

Form 7 – Notice of Name or Change of Name of a Ship: Shipping Act [Section 23(4)(c)]Registration Regulation [Section 4(2)]

Form 8 – Carving and Marking Note: Registration Regulation [Section 8(1),(2),(7),(8)]

Form 9 – Bill of Sale: Shipping Act [Section 19(4), 33(1), (2) 43(1), (2)]Registration Regulation [Section 4(2)(e), 9(2)(h),(j), 15(1),(2) 16(1),(2),(3)]

Form 10 – Mortgage, Transfer and Discharge of Mortgage: Shipping Act [Section 39]Registration Regulation [Section 19(1), 21(1),(2),(3),(4),(5),(6), 22(1),(2),(3), 23(1),(2)]

Form 11 – Declaration of Transmission by Qualified Person: Shipping Act [Section 32]Registration Regulation [Section 16(3)]

Form 12 – Appointment of Managing Owner or Manager: Shipping Act [Section 35(5)(a), 49(2)]Registration Regulation [Section 4(2)(f), 9(2)(j), (k), 9(5)(f)]

Form 13 – Appointment of Agent: Shipping Act [Section 19(2)(a), (3), 47(3), (48), 60(1), 129(4), 155(2)]Registration Regulation [Section 4(2)(g)]

Form 14 – Certificate of Registry: Shipping Act [Section 19(2)(a), (3), 47(3), (48), 60(1), 129(4), 155(2)]Registration Regulation [Section 4(2)(g)]

Form 15 – Certificate of Provisional Registry: Shipping Act [Section 26(1),(2),(4), 41(10)]Registration Regulation [Section 10(1)]

Solomon Islands

Shipping Act (No 5 of 1998) Section 19(1),(6)

Shipping (Registration) Regulation 2010, Section 4(3), 5(4), 6(4), 9(1),(5), 13(1), 28(1)

APPLICATION FOR SHIP REGISTRATION

Ship Registration FORM NO. 1

OFFICIAL No. CALL SIGN Name of Ship IMO NUMBER Reg. No. Year

*For Registry UsePARTICULARS OF SHIP

PROPULSIONNone□ Steam □ Motor/Diesel □ Sail □ Motor Auxiliary □ Other □

METRES CENTIMETRESLength Overall

Main breadth to outside of plank or plating

Depth in hold from tonnage deck to ceiling amidships

Depth from top of deck at side amidships to bottom of keel

GROSS TONNAGE

Tons Cubic MetresREGISTER TONNAGE

Tons Cubic Metres

TYPE OF SHIP TYPE OF CONSTRUCTION HULL MATERIAL

The ship is, or has been, registered in a foreign country YES (give details of last registry) NOOFFICIAL NUMBER REGISTERED NAME PORT OF REGISTRY

The ship is recorded as a ship under construction YES (give details of recording) NOASSIGNED NUMBER TEMPORARY NAME PORT OF RECORD

DETAILS OF PROPOSED OWNERS (see note)

FULL NAME OF OWNERS ADDRESS OCCUPATION NO. OF SHARES

Signature of Applicant………………………………….. Date of Application …………………………………

Name of Applicant……………………………….......... Corporate Seal

NOTE: This application must be made by the owner or the owner’s agent. If an agent is employed, the agent will be required to prove the agency by the production of written authority under the hand of the owner, or if the owner is a corporation, under the seal of the corporation.

19

Solomon Islands

Shipping (Registration) Regulation 2010, Section 4(2)(h), 6(1),(2),(4), 9(5)(c)

BUILDER’S CERTIFICATEShip Registration FORM NO. 2







Depth from top of deck at side amidships to bottom of keelTons Cubic Metres Tons Cubic Metres

GROSS TONNAGE

REGISTER TONNAGE


NAME AND ADDRESS OF BUILDER

FOR WHOM BUILT


I, the undersigned, builder of the ship described above, hereby certify that the dimensions and tonnage, as estimated by me, and the other particulars, are correct.

Signature of Builder…………………………………. Date of Application…………………………………

Name of Builder……………………………….......... Corporate SealNOTE: 1. If the builder is a corporation, the certificate shall be signed on behalf of the corporation by an officer

of the corporation authorised for that person and under the seal of the corporation2. If the certificate is given by an unincorporated partnership, the certificate shall be signed for the

partnership by one of the partners.

20

Solomon Islands

Shipping Act (No. 5 of 1998) Section 32, 33

Shipping (Registration) Regulation 2010, Section 4(2)(b), 9(5)(b), 10(3), 15(2)(c), 16(3)

DECLARATION OF QUALIFIED PERSONShip Registration FORM NO. 3







Depth from top of deck at side amidships to bottom of keelTons Cubic Metres Tons Cubic Metres

GROSS TONNAGE

REGISTER TONNAGE


I,________________________________________________________________________(full name)

of_______________________________________________________________________(address)

DECLARE AS FOLLOWS:1. The above general description of the ship is correct; and2A. INDIVIDUAL I am qualified to own a Solomon Island ship as the Owner of _______

shares; or joint owner of _________shares with those whose names are listed on the reverse

2B. CORPORATION I am_______________ of the ______________________________ (office held) (name of corporation)

Incorporated by virtue of _________________________________________ (law under which it was incorporated)

and which has its principal place of business at ____________________________________ (address)

The said corporation is entitled to be registered as owner of _________________shares

Or Joint owners of ____________ shares with those whose names are listed on the reverse

A Certificate of Incorporation is attached to this Form

21

Solomon Islands

Shipping Act (No.5 of 1998) Section 62, 63, 64(3), 65(1)(2)(3)(4), 66, 67, 78(1)(2)

Shipping (Registration) Regulation 2010, Section 29(1),(2), 30, 31(3)

SAFETY CERTIFICATEShip Registration FORM NO. 4



PROPULSIONNone □ Steam □ Motor/Diesel □ Sail □ Motor Auxiliary □ Other □




Depth – top of deck at side amidships to bottom of keel

GROSS TONNAGE

Tons Cubic MetresTOTAL

DEDUCTIONS

Tons Cubic Metres

REGISTER TONNAGE

Tons Cubic Metres DEDUCTION FOR PROPELLING

POWER

Tons Cubic Metres

YEAR BUILT PLACE BUILT NAME AND ADDRESS OF BUILDER


NUMBER OF ENGINES PARTICULARS OF ENGINE PARTICULARS OF BOILERDescription Year Made Description

The ship is classed with ____________________________________ and remains “in class” (Insert name of classification society from Schedule I)

I, the undersigned surveyor appointed by ………………………………...(source of authority) having surveyed the ship described above, HEREBY CERTIFY that the vessel whose particulars are described above, fully complies with the provisions of the Shipping (Non-Convention Vessel Safety) Regulation 2006

Dated at _________________ on the __________ day of________________20__________

_____________________________ _____________________________ Name (please print) (Signature)

22

Solomon Islands

Shipping Act (No 5 of 1998) Section 20, 29(1)(3)

Shipping (Registration) Regulation 2010, Section 7(1)(2)(5), 29(2)

INTERNATIONAL TONNAGE CERTIFICATE


Issued under the provisions of the

INTERNATIONAL CONVENTION ON TONNAGE MEASUREMENT OF SHIPS, 1969

under the authority of the Solomon Islands Governmentby the Solomon Islands Maritime Safety Administration (SIMSA)

(full official designation of the organization recognised under the provisions of the International Convention on Tonnage Measurement of Ships, 1969)

Name of Ship Call Sign Port of Registry Date

*Date on which the keel was laid or the ship was at a similar stage of construction (Article 2(6)), or date on which the ship underwent alterations or modifications of a major character (Article3(2)(b)), as appropriate.

MAIN DIMENSIONS

Length Overall Breadth Moulded Depth amidships to Upper Deck

The Tonnages of the Ship are

GROSS TONNAGE....................................

NET TONNAGE..........................................

This is to certify that the tonnages of this ship have been determined in accordance with the International Convention of Tonnage Measurement of Ships, 1969.

Issued at Honiara

Date of issue....................... Signed ………………………………………………………...Signature of authorised official (Print name)

Official Seal

23

Solomon Islands

Shipping Act (No 5 of 1998) Section 20, 29(1)(3)

Shipping (Registration) Regulation 2010, Section 7(1)(2)(5), 29(2)

INTERNATIONAL TONNAGE CERTIFICATE (back)Ship Registration FORM NO. 5 (continued)

SPACES INCLUDED IN TONNAGE

GROSS TONNAGE NET TONNAGE

Name of Space Location Length Name of Space Location Length

NUMBER OF PASSENGERSNumber of Passengers in cabins with not more than 8 berths...................Number of other passengers...................

EXCLUDED SPACESAn asterisk(*) should be added to those spaces listed above which comprise both enclosed and excluded spaces

MOULDED DRAUGHT

Date and place of original measurement.......................................................................

Date and place of last previous measurement..............................................................REMARKS

24

Solomon Islands

Shipping Act (No 5 of 1998) Section 20, 29(1),(3)

Shipping (Registration) Regulation 2010, Section 7(1),(2),(5), 29(2)

TONNAGE CERTIFICATE (NON-CONVENTION VESSEL)Ship Registration FORM NO. 6

Issued under the provisions of the Shipping (Non-Convention Vessel Safety) Regulation, 2006 under the authority of the Solomon Islands Government by the Solomon Islands Maritime Safety Administration (SIMSA)

Name of Ship DistinctiveNumber or Letters Port of Registry *Date

*Date on which the keel was laid or the ship was at a similar stage of construction, or date on which the ship underwent alterations or modifications of a major character

MAIN DIMENSIONS

Length Breadth Moulded Depth amidshipsto Upper Deck

The tonnages of the ship are: GROSS TONNAGE ...............................................

NET TONNAGE .....................................................

This is to certify that the tonnages of this ship have been determined in accordance with the internationally accepted method.

Issued at ._________________________ ________________. 20 ......... (place of issue of certificate) (date of issue)

____________________________________________(signature of official issuing the certificate) and/or (seal of issuing authority)

If signed, the following paragraph is to be added:The undersigned declares that he is duly authorised by the said Government to issue this certificate.

_______________________________________(Signature)

25

Solomon Islands

Shipping Act (No 5 of 1998) Section 20, 29(1),(3)

Shipping (Registration) Regulation 2010, Section 7(1),(2),(5), 29(2)

TONNAGE CERTIFICATE (NON-CONVENTION VESSEL)(back)Ship Registration – FORM NO. 6 (continued)

SPACES INCLUDED IN TONNAGEGROSS TONNAGE NET TONNAGE

Name of Space Location Length Name of

Space Location Length

Underdeck

EXCLUDED SPACES

An asterisk (*) should be added to those spaces listed above which comprise both enclosed and excluded spaces.

NUMBER OF PASSENGERS

Number of passengers in cabins with not more

than 8 berths .....................................

Number of other passengers .......................MOULDED DRAUGHT

Date and place of original measurement ..............................................................................

Date and place of last previous re-measurement ..................................................................REMARKS:

26

Solomon Islands

Shipping Act No 5 of 1998) Section 23(4)(c)

Shipping (Registration) Regulations 2010, Section 4(2)

NOTICE OF NAME OR CHANGE OF NAME OF A SHIPShip Registration FORM NO. 7

Port of _____________________________________________________

NOTICE OF NAME FOR A SHIP TO BE REGISTERED IN THE SOLOMON ISLANDS

It is proposed to register at the Port of Honiara the (1) ___________________________ ship

now being built for me/us by (2) ______________________________________________*

the ship named (3) ____________________________ now being purchased by me/us* from

(4) __________________________________________________________ by the name (5)

(1st choice) __________________________________________

(2nd choice) __________________________________________

(3rd choice) __________________________________________

NOTICE OF CHANGE OF NAMEIt is proposed to change the name of the (1) ____________ ship (3) ____________________

________________ registered at the port of (5) ______________.Official Number _______ to

(6) (1st choice) __________________________________________

(2nd choice) __________________________________________

(3rd choice) __________________________________________

Signature ____________________________________________

Address ____________________________________________________________

___________________________________________________________________

The proposed name __________________________________________ is hereby approved.

______________________________________ ___________________________________ Registrar of Ships (Signature) (Name)

Date ________________Notes (1) Non-Propelled, sail, motor or auxiliary motor-screw. (2) Name of builder if new ship.

(3) Present name of registered ship. (4) Name of person or company from whom bought.(5) Name of Port of Registry (6) New name of ship requested. *Delete as appropriate.

27

Solomon Islands

Shipping Act No 5 of 1998) Section 23(4)(c)

Shipping (Registration) Regulations 2010, Section 4(2)

NOTICE OF NAME OR CHANGE OF NAME OF A SHIP

28

Solomon Islands

Shipping (Registration) Regulations 2010, Section 8(1),(2),(7),(8)

CARVING AND MARKING NOTE





METRES CENTIMETRES

Length Overall




GROSS TONNAGE


Tons Cubic Metres


The official number and register tonnage as stated above are to be permanently and conspicuously cut in on the main-beam of the ship; and the name of the ship is to be marked on each of her bows and on her stern along with the name of her port of registry in the manner directed by the Shipping Act.

DATE REGISTRAR OF SHIPS PORT OF

I hereby certify that I have inspected the above-named ship and find that the official number and register tonnage as stated above are permanently and conspicuously cut in on her main-beam, that her name is marked on each of her bows and her name and the name of her port of registry are marked on her stern in the manner directed by the Shipping Act.DATED AT

SIGNATURE NAME AND TITLE

NOTE: This form is to be signed by a ship surveyor, a Consular Officer or an acceptable official.Every ship shall before registry in the Solomon Islands be marked permanently and conspicuously to the satisfaction of the Registrar:(a) The name shall be marked on each of her bows, and her name and the name of her port of registry shall

be marked on her stern, on a dark ground in white or yellow letters, or on a light ground in black letters, such letters to be of a length not less than four inches, and of proportionate breadth.

(b) The official number and number denoting register tonnage shall be cut in on her main beam.(c) The marks required by this section shall be permanently continued, and no alteration shall be made

therein, except the event of any of the particulars thereby denoted being altered in the manner provided by the Act.

(d) On a certificate from a surveyor of ships or a steamship inspector that a ship is insufficiently or inaccurately marked the ship may be detained until the insufficiency or inaccuracy has been remedied to the satisfaction of the Registrar

29

Solomon Islands

Shipping Act (No 5 of 1998) Section 19(4), 33(1), (2) 43(1), (2)

Shipping (Registration) Regulation 2010, Section 4(2)(e), 9(2)(h),(j), 15(1),(2) 16(1),(2),(3)

BILL OF SALEShip Registration FORM NO. 9


For Registry UsePARTICULARS OF SHIP






GROSS TONNAGE


Tons Cubic Metres

I/We (a) _____________________________________________ of (address) ___________

_______________________(hereinafter called the transferor), in consideration of the sum of

_____________ paid to me/us by (b) __________________________________ of (address)

_________________________________________________________________________(hereinafter called the transferee) the receipt of which is hereby acknowledged, transfer to the transferee (c) ______________ shares in the ship described above, and in its boats and appurtenances. Further, the transferor covenants with the transferee that the transferor has power to transfer in the manner aforesaid, the premises hereinbefore expressed to be transferred and that the same are free from encumbrances (d)_________________________

Dated at (time) ____________ on the _______________ day of _________________20 ____IN THE PRESENCE OF

_________________________________________(signature)

_________________________________________(name and title) (please print)

_________________________________________(address)

INDIVIDUAL

____________________________________(signature)CORPORATION____________________________________

(name of corporation)

(a) Insert the full name of each registered owner.(b) Insert the full name and address of each transferee.

NOTE: Where there is more than one transferee, the transferees are joint owners.(c) Insert the number of shares.(d) If there are any subsisting encumbrances, add "save as appears on the register of the said ship."

NOTES: 1. If the owner is a Corporation the Bill of Sale should be made on behalf of the Corporation by an Officer of the Corporation authorised for the purpose and under the seal of the Corporation.

2. The expression "Transferor" and "Transferee" used in this document shall include their heirs, successors, assigns, executors and administrators or any other legal representative.

30

Solomon Islands

Shipping Act (No 5 of 1998) Section 39

Shipping (Registration) Regulation 2010, Section 19(1), 21(1),(2),(3),(4),(5),(6), 22(1),(2),(3), 23(1),(2)

MORTGAGE, TRANSFER AND DISCHARGE OF MORTGAGEShip Registration FORM NO. 10








GROSS TONNAGE


Tons Cubic Metres

I/We (a) ________________________________________________________________________

(hereinafter called the mortgagor), in consideration of (b) _________________________________

now covenant with (c) _____________________________________________________________(hereinafter called the mortgagee) to pay to the mortgagee the sums for the time being due on this security, whether by way of principal or interest at the times and in the manner aforesaid. For the purpose of better securing to the mortgagee the payment of such sums as last aforesaid, the mortgagor hereby mortgages to the mortgagee (d) _____ shares of which the mortgagor is the owner in the ship above described, and in its boats and appurtenances. Further, the mortgagor covenants with the mortgagee that the mortgagor has the power to mortgage in the manner aforesaid the above-mentioned shares and that the same are free from encumbrances (e) ________________________

Dated at _________________________ on the __________ day of __________________ 20 ____IN THE PRESENCE OF

_________________________________________(signature)

_________________________________________(name and title) (please print)

_________________________________________(address)

INDIVIDUAL

_____________________________________(signature)CORPORATION

_____________________________________(name of corporation) (please print)

(a) Insert the full name and address of each mortgagor.(b) Describe the nature of the consideration by:

(1) entering the principal sum or stating that there is an account current or line of credit and refer to the collateral loan agreement and the date the agreement was executed; or

(2) entering the principal sum or stating that there is an account current or line of credit and give details of the interest and method of payment.

(c) Insert the full name and address of each mortgagee. (d) Insert the number of shares.(e) If any subsisting encumbrances add "save as appears on the register of the said ship"

31

Solomon Islands

Shipping Act (No 5 of 1998) Section 39

Shipping (Registration) Regulation 2010, Section 19(1), 21(1),(2),(3),(4),(5),(6), 22(1),(2),(3), 23(1),(2)

MORTGAGE, TRANSFER AND DISCHARGE OF MORTGAGE (back)

Ship Registration FORM NO. 10 (continued)

I/We ___________________________________________________________ (mortgagee)

in consideration of _______________________________________________________

paid to me/us by ________________________________ ________________________(full name)

_______________________________________________________________________(address)

hereby transfer the benefit of the within-written security.

Dated at _______________________ on the ___________ day of ______________ 20 ____IN THE PRESENCE OF

______________________________________(signature)

______________________________________(name and title) (please print)

______________________________________(address)

_____________________________________

INDIVIDUAL

_________________________________(signature)

CORPORATION

_________________________________(name of corporation) (please print)

Per______________________________

DISCHARGE OF MORTGAGE

Received the sum of _______________________in discharge of the within-written security.

Dated at ____________________ on the ________ day of _____________________ 20 ___IN THE PRESENCE OF

_____________________________________(signature)

_____________________________________(name and title) (please print)

_____________________________________(address)

INDIVIDUAL

________________________________(signature)

CORPORATION

_________________________________(name of corporation) (please print)

Per____________________________

NOTES: 1. The expression "mortgagee" and "mortgagor" used in this document includes their heirs, successors, assigns, executors, administrators or any other legal representative.

2. The prompt registration of a Mortgage Deed at the Port of Registry of the ship is essential to the security of the mortgagee (See Section 35 of the Shipping Act).

3. Registered mortgagees are reminded of the importance of keeping the Registrar of Ships informed of any change of residence on their part.

32

Solomon Islands

Shipping Act (No. 5 of 1998) Section 32

Shipping (Registration) Regulation 2010, Section 16(3)

DECLARATION OF QUALIFIED PERSON ON TRANSFER OR TRANSMISSION









GROSS TONNAGE


Tons Cubic Metres

I, ____________________________, (full name) of________________________(address)

_________________________________________________________________________(If the owner is an individual, state occupation)

____________________________________________DECLARE AS FOLLOWS:1. The above general description of the ship is correct.2. In the case of transmission of registered owner's interest:INDIVIDUAL

I am a citizen of the Solomon Islands and I am entitled to be registered as owner of ________________ shares in the ship described above; or joint owner of ____________ shares in the ship described above

CORPORATION

I am ______________ authorised under the common seal of __________________ (office held) (name of corporation)that is (a) established under, and subject to, the laws of the Solomon Islands ; and (b) that has its principal place of business in the Solomon Islands and is a corporation that is (c) registered at the Ministry of Commerce & Industry; or (d) an enterprise issued with a Certificate of Registration under Section 20(1) of the Foreign Investment (Amendment & Validation) Act 2009 and has its principal

place of business at _________________________(address)

__________________________________________________________________________The said corporation is entitled to be registered as

owner of ________________ shares in the ship described aboveor joint owner of ____________ shares in the ship described above.

33

Solomon IslandsShipping Act (No. 5 of 1998) Section 32


DECLARATION OF QUALIFIED PERSON ON TRANSFER OR TRANSMISSION (Back)


3. In the case of transmission of registered mortgagee's interest:INDIVIDUAL MORTGAGEEI am entitled to be registered as

mortgagee of _______________ shares in the ship described aboveor joint mortgagee of ____________ shares in the ship described above

CORPORATE MORTGAGEE

I am _________________________ of the ___________________________________ (office held) (name of corporation)

incorporated by virtue of ___________________________________________________(address)

_______________________________________________________________________The said corporation is entitled to be registered as

mortgagee of _______________ shares in the ship described aboveor joint mortgagee of ____________ shares in the ship described above

4. The shares in the ship described above have been transmitted in the following way: on death on bankruptcy by lawful means other than transfer under the Shipping Act.

5. State the way in which, and the person to whom, the property has been transmitted:

_____________________________________________________________________6. To the best of my knowledge and belief, no unqualified person or body of persons is entitled as

owner to any legal or beneficial interest in the ship or any share therein.DECLARED BEFORE ME

__________________________________(signature)

____________________________________(name and title) (please print)

____________________________________(address)

__________________________________

INDIVIDUAL

_______________________________(signature)

CORPORATION

_______________________________(signature)

1. If there is more than one owner, whether common or joint, a separate Declaration must be completed by each owner

2. If the transfer or transmission takes place as a result of death or bankruptcy, the Declaration of Transfer or Transmission is accompanied by the document required by Section 34 and 40 of the Shipping Act and Section 19 of this Regulation.

3. Qualifications to own a ship registered in the Solomon Islands are set out in Section 9 of the Shipping Act.4. Declarations shall be made before the Registrar or Justice of the Peace, or Commissioner for Oaths, or

Consular Officer or before a person authorised by law to administer oaths wherein the Declaration is made.

34

Solomon Islands

Shipping Act (No. 5 of 1998) Section 35(5)(a), 49(2)

Shipping (Registration) Regulation 2010, Section 4(2)(f), 9(2)(j), (k), 9(5)(f)

APPOINTMENT OF MANAGING OWNER OR MANAGER


To the Registrar of Ships __________________ 20 ___

I/We the undersigned Owner(s) of ______________________________________ shares of the

Joint Owner of ___________________________________ shares of the

(1) ___________ ship ________________________ registered in (2) ___________ (name of ship)whose Official No. is ______ and of ______ Gross Tons register, hereby appoint (3)

to be Agent (4)

__________________________________________________________________

______________________________ __________________________ (Signature) (Name and Title (please print))I hereby accept the appointment as MANAGER

______________________________ __________________________ (Signature) (Name (please print))

Date ____________

(1) Sailing, Steam or Motor, and name of ship.(2) Port of Registry.(3) Name, address and occupation.(4) Name of Agent.

If the owner is a corporation, the appointment should be made on behalf of the corporation by an officer of the corporation authorised for the purpose and under the seal of the corporation.

35

Solomon Islands

Shipping Act (No.5 of 1998) Section 19(2)(a), (3), 47(3), (48), 60(1), 129(4), 155(2)

Shipping (Registration) Regulation 2010, Section 4(2)(g)

APPOINTMENT OF AGENTShip Registration FORM NO. 13

To the Registrar of Ships __________________ 20 ____

I/We the undersigned Owner(s) of __________________________________ shares of the

Joint Owner of ________________________________ shares of the

(1) ___________ ship ________________________ registered in (2) ____________ (name of ship)

whose Official No. is ______ and of _______ Gross Tons register, hereby appoint (3)

___________________________________________________________________

___________________________________________________________________to be (4) ___________________________________________________________________

_________________________________ ______________________________ (Signature) (Name and Title (please print))I hereby accept the appointment as AGENT

_________________________________ ______________________________ (Signature) (Name (please print))

Date ____________

(1) Sailing, Steam or Motor, and name of ship.(2) Port of Registry.(3) Name, address and occupation.(4) Managing owner or Manager.

If the owner is a corporation, the appointment should be made on behalf of the corporation by an officer of the corporation authorised for the purpose and under the seal of the corporation.

36

SOLOMON ISLANDS

CERTIFICATEOF

REGISTRY

NAME OF SHIP: …………………………….

37

Solomon Islands

Shipping Act (No.5 of 1998) Section 8(2), 10(3), 12(1)(b), 23(3)(a), 25(1)(2)(3)(4)(5)(6), 27, 28(1)(b) 29, 35(3)(c), 41(10)

Shipping (Registration) Regulation 2010, Section 9(1)(6), 14(4), 15(2)(b)

CERTIFICATE OF REGISTRY

Ship Registration FORM NO. 14OFFICIAL No. CALL SIGN Name of Ship IMO NUMBER Reg. No. Year

PARTICULARS OF SHIPMETHOD OF PROPULSIONNone □ Steam □ Motor/Diesel □ Sail □ Motor Auxiliary □ Other □





Tons Cubic Metres Tons Cubic Metres

GROSS TONNAGE >

REGISTER TONNAGE>

Deductions on account of space of propelling power>Alternate register tonnage: (if any) when employed for the carriage of passengers, cargo or stores, or using graving docks or dry docks or places provided for the repairing of ships, the register tonnage on which dues may be levied by any harbour or dock authority is __________________ tons.YEAR BUILT PLACE BUILT NAME AND ADDRESS OF BUILDER


NO. OF ENGINES PARTICULARS OF ENGINE PARTICULARS OF BOILERSDescription Description

NO. OF SHAFTS NHP KW or BHP

KW or SHP

Estimated Speed

No.

Loaded Pressure


I, the undersigned registrar of ships, hereby certify that the above particulars are correct.

Dated at ______________________ on the _____________ day of ________________________ 20____

__________________________________ ______________________________ ____________________ (signature) (name) (please print) (port of registry)

NOTE: A Certificate of Registry is not a document of title. It does not necessarily contain notice of all changes of ownership and in no case does it contain an official record of any mortgages affecting the ship. In case of a change of ownership, it is essential for the change to be registered. If the ship is lost, sold to foreigners or broken up, notice of this, together with the Certificate of Registry, if in existence, is immediately to be given to the Registrar of Ships at the ship's Port of Registry.

38

Solomon Islands

Shipping Act (No.5 of 1998) Section 8(2), 10(3), 12(1)(b), 23(3)(a), 25(1),(2),(3),(4),(5),(6), 27, 28(1)(b) 29, 35(3)(c), 41(10)

Shipping (Registration) Regulation 2010, Section 9(1),(6), 14(4), 15(2)(b)

CERTIFICATE OF REGISTRY (back)


DATEFULL NAME AND OCCUPATION OF

NEW OWNERADDRESS NUMBER

OF SHARES

SIGNATURE OF

REGISTRAR

39

Solomon Islands

Shipping Act (No.5 of 1998) Section 26(1),(2),(4), 41(10)


PROVISIONAL CERTIFICATE OF REGISTRY


Name of Ship Previous Port of Registry Previous Registry(or Equivalent Number)

Tonnages Cubic Metres Tons

Gross

Net

Name of Builder Place of Construction

DESCRIPTION OF SHIP

No. of Decks No. of Bulkheads Framework and description ship

Register DimensionsLength

Metres

Breadth

Metres

Depth

Metres

Names(s) and address(es) of owner(s) No. of Shares

Name of Master: ……………………………………….I hereby issue this Certificate of Provisional Registry in respect of the above described ship at HONIARA

Date: ----/----/----- Registrar ………………………………….

40

web viewin exercise of the powers conferred upon me by sections 51, 52 and 92 of the shipping act...

Documents