[MAT 44,010] Interpretation2
- accommodation space
means passenger spaces, corridors, lavatories, cabins, offices, crew spaces, shops, bond stores, isolated pantries and lockers and similar spaces within a ship;
- Act
means the Maritime Transport Act 2013;
- Administration
means the Government of the State under whose authority a ship is operating and whose flag the ship is entitled to fly;
- approved
means approved by the Chief Executive Officer;
- approved servicing centres
in relation to inflatable life rafts, inflatable lifejackets, inflated rescue boats and hydrostatic release units, means a facility for servicing inflatable life rafts and inflatable lifejackets that has been approved for that purpose by the Chief Executive Officer and approved in writing by the manufacturer of the inflatable life rafts and inflatable lifejacket as a servicing centre for that product;
- Assigning Authority
means an authorised organisation that has entered into a Memorandum of Agreement with the Chief Executive Officer in accordance with the IMO Assembly Resolution A 739(18) and the Annexes as amended by Resolution MSC 208(81) thereto entitled Adoption of Amendments to the Guidelines for the Authorisation of Organizations Acting on Behalf of the Authority and whereby that organisation’s employees may survey and assign load lines to Fiji ships in accordance with the Load Line Convention;
- Authorised
means authorised by the Chief Executive Officer;
- Authorised Officers
has the same meaning under section 2 of the Act;
- Authorised person
means a person employed by an authorized organisation or appointed under section 38(1) of the Act to carry out such inspections and such audits as the Authority considers necessary for the purposes of these Regulations;
- Authority
means the Maritime Safety Authority of Fiji;
- breadth
means the maximum breadth measured in metres amidships—
- (a)in the case of a metal hull, to the molded line of the frame; and
- (b)in the case of any other hull, to the outer surface of the hull.
- Cargo Space
means all spaces appropriated for cargo including trunks leading to such spaces;
- Chief Executive Officer
means the Chief Executive Officer of the Maritime Safety Authority of Fiji;
- Classification Society
means a recognised organisation authorised by the Chief Executive Officer to conduct such inspections and such audits as the Authority considers necessary for the purposes of these Regulations. These classification societies are listed in appendix 2, paragraph 14 of these Regulations.
- Code
means the Maritime Ship Registration Code set out in the Schedule to these Regulations;
- Commercial Ship
has the same meaning under section 2 of the Act;
- Control Station
includes those spaces in which the ship’s radio or main navigating equipment or the emergency source of power is located or where the fire recording or fire control equipment is centralised or in the case of the engine room its control station;
- Crew Accommodation
or Crew Space means such parts of the ship set aside for the exclusive use of the Crew;
- Depth
means the molded depth measured in metres at mid length from the base line to the top of the freeboard deck beams at the side of the ship or, in the case of all open and well-deck ships, to the top of the gunwale. For the purposes of this definition, the base line is the line projected by the plane forming the top of the keel where a plate keel is fitted. In the case of a timber or composite ship, the top of the keel shall be read as a reference to the lower edge of the keel rabbet—
- (a)in the case of a ship which has a bar keel or in which the form at the lower part of the midship section is of a hollow character, or thick garboards are fitted, the top of the keel shall be read as a reference to the point where the flat of the bottom continued inward cuts the side of the keel of the ship; and
- (b)in each case the plane shall be horizontal when extended transversely;
- Examiner
means a person appointed by the Chief Executive Officer to conduct examinations and assessments of the kinds specified by the Chief Executive Officer;
- Existing Ship
means a ship which is not a new ship;
- Fiji Register of Ships
means the Fiji Register of Ships established under section 11(1) of the Ship Registration Act 2013;
- Fire Safety Systems Code
(or FSS Code) means the International Code on Fire Safety Systems as adopted by IMO Resolution MSC 98(73), as amended by IMO Resolutions MSC 206(81), MSC 217(82), MSC 292(87) and MSC 311(88);
- Fishing Ship
has the same meaning as given under section 2 of the Act;
- Fiji Trade (Territorial waters voyage)
means voyage, trade or operation of a ship from a port or place in Fiji for more than 15 nautical miles to another port or place in Fiji that is within the archipelagic waters and territorial seas of Fiji;
- Inland waters voyage
means a voyage, trade or operation of a ship within the inland waters of Fiji which include rivers, lakes and dams which terminates at the shoreline of any island of Fiji;
- Inshore waters voyage
means a voyage, trade or operation of a ship of not more than 15 nautical miles from a port of place in Fiji to another port or place in Fiji within the archipelagic waters of Fiji;
- ISO
means the International Organization for Standardisation, 1, Rue de Varambe, CH-1211 Geneva, 20, SWITZERLAND;
- Length
in accordance with the Code, means the distance—
- (a)from the fore part of the hull to the after part of the hull; or
- (b)transom taken at the upper side of the uppermost weathertight deck; or
- (c)in the case of open ships, at the height of the gunwale, the protrusion of a stempost or sternpost is not included in this measurement;
- Lifesaving appliances
means any device, arrangement, apparatus or thing intended to sustain the lives of people in distress, or to signal their distress, or to alert people onboard a ship to an emergency, and includes lifebuoys, lifejackets, immersion suits, anti-exposure suits, visual signals, survival craft, rescue boats, evacuation systems, line-throwing appliances and general alarm and public address systems;
- Lifesaving equipment
means equipment stored in or belonging to a lifesaving appliance and required to be carried onboard a ship;
- Master
means a person having command or charge of a ship, but does not include a pilot;
- Nautical Mile
means the International nautical mile of 1,852 metres;
- New Ship
means a ship—
- (a)the keel of which was laid or which was at a similar stage of construction; or
- (b)that has been substantially—
- (i)altered; or
- (ii)reconstructed on or after the coming into force of the applicable provisions;
- Open Ship
means a ship which has no weather tight deck for the whole or part of the length of the ship eg a rowing boat with open bottom boards or a half cabin ship with a cockpit aft fitted with loose deck panels;
- Owner
has the same meaning as given under section 2 of the Act;
- Passenger
has the same meaning as given under section 2 of the Act;
- Passenger Ship
means a ship engaged in domestic or international voyages which carries more than 12 passengers;
- Proper Officer
in relation to any country other than Fiji, means—
- (a)the person who is, by the law of that country, authorised or required—
- (i)to do or perform the act or duty to which reference is made in the provisions of the Act in which the expression occurs; or
- (ii)to do or perform, in relation to ships registered in or belonging to that country, any act or duty of the same nature as the act or duty to which reference is made in the provisions of the Act in which the expression occurs;
- (b)a consular officer of Fiji in any other country;
- Recognised organisation
means an organisation which has entered into a Memorandum of Agreement with the Chief Executive Officer in compliance with the IMO Assembly Resolution A 739(18) and the Annexes as amended by Resolution MSC 208(81) thereto entitled Adoption of Ammendments to the Guidelines for the Authorisation of Organizations acting on behalf of the Administration, governing the undertaking of particular survey and certification functions by the organisation’s employees under the Act and the maritime and marine protection regulation. This recognised organisation includes classification societies which are periodically audited and given instructions by the Authority for the purpose of survey, audit and certification;
- Service Space
means spaces used for galleys, main pantries, stores (except isolated pantries and lockers), mail and special rooms, workshops other than those forming part of the machinery spaces and trunks to such spaces;
- Sheltered waters voyage
means a limited voyage, trade or operation of a ship within protected waters adjacent to beaches or landings within Fiji;
- Ship
has the same meaning under section 2 of the Act;
- SOLAS
in respect of an item or appliance means that the item or appliance shall comply with the requirements of the SOLAS CONVENTION, taking into account the date on which the ship’s keel was laid or was at a similar stage of construction;
- SOLAS ship
means a ship to which SOLAS Convention applies as set out in regulation 1 and 3 of Chapter 1 of SOLAS or a Fiji registered ship to which SOLAS Convention would apply if that ship were to undertake an international voyage;
- Special Personnel
means all able bodied persons having some knowledge of safety procedures and handling of safety equipment on board who are not directly or indirectly paying passengers, carried on board a ship in connection with the special purpose of the ship, or because of the need to be on board for special work being carried out on the ship, and who are not members of the crew engaged in navigation, engineering or maintenance of the ship or attached to the ship to provide services for other persons on board;
- Standards Abbreviations
means—
- (a)AS refers to the Australian Standard;
- (b)ASTM refers to the American Standard for Testing Materials; and
- (c)ALPGA refers to the Australian Liquidified Petroleum Gas Association;
- Superstructure
means a decked structure, including a raised quarter deck, on the freeboard deck extending from side to side of the ship or with the side plating of the structure not being inboard of the shell plating by more than 4% of the breadth of the ship. Where, in pursuance of the above, a lower deck is specified as the freeboard deck of a ship, any part of the hull which extends above the deck so specified shall be deemed to be a superstructure;
- Surveyor
means a person from the Authority or recognised organisations that holds the prescribed maritime documents issued in accordance with section 24 of the Act certifying them to provide the tests, inspections or the survey, audit or certification of ships, maritime equipment or products;
- Tanker
means a cargo ship constructed or adapted for the carriage of bulk fluid cargoes;
- Tonnage
means the gross tonnage of the ship;
- unlimited voyage
means a voyage, trade or operation of a ship from any port or place in Fiji beyond the Exclusive Economic Zone of Fiji to another port or place outside Fiji or conversely; and
- Unmanned Machinery Space
means a decked propulsion machinery space which under normal operating conditions is not occupied or is intermittently occupied.
The Laws of Fiji