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Merchant Shipping (Coasting Trade) Regulation 1978

Merchant Shipping Act 1975
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 242A.

Merchant Shipping (Coasting Trade) Regulation 1978

ARRANGEMENT OF SECTIONS.

Merchant Shipping (Coasting Trade) Regulation 1978

MADE under the Merchant Shipping Act 1975.

Dated                   200 .

1. APPLICATION FOR COASTING TRADE LICENCE.

An application for the grant of a coasting trade licence shall–

(a) be in writing; and

(b) contain details of–

(i) the ship in respect of which application is made; and

(ii) the shipping service proposed to be provided; and

(iii) any proposals for the employment and training of persons for the sea service by the applicant; and

(c) where the ship in respect of which the application is made is not registered under the Act–be accompanied by–

(i) satisfactory evidence as to the ownership of the ship; and

(ii) a declaration stating whether or not the applicant is a qualified person who, either by himself or with other persons each of whom is a qualified person, is the owner or charterer of the ship.

2. APPLICATION FOR COASTING TRADE PERMIT.

An application for the grant of a coasting trade permit shall–

(a) be in writing; and

(b) contain details of–

(i) the ship in respect of which application is made; and

(ii) the shipping service proposed to be provided.

3. GENERAL CATEGORY LICENCE.

A general category licence shall be in Form T.1.

4. SPECIAL CATEGORY LICENCE.

A special category licence shall be in Form T.2.

5. COASTING TRADE PERMIT.

A coasting trade permit shall be in Form T.3.

6. PUBLICATION OF RECOMMENDED RATES FOR SHIPPING SERVICES.

Publication of a recommended rate under Section 238 of the Act shall be made by advertisement in a daily newspaper circulating in the country–

(a) not less than 14 days; and

(b) not more than 28 days,

after the date on which a recommendation under Section 237 of the Act is received by the Minister.

7. DETERMINATION OF PLACES.

The Minister may, by notice in the National Gazette, declare an area to be a place for the purposes of Part IX of the Act.

8. COASTING TRADE LICENCE FEES.

(1) The fee payable in respect of a coasting trade licence–

(a)^[1] granted under Section 226(2) or (3) is K6.00; and

(b)^[2] granted under Section 226(4) is K10.00,

for each metre, or part of a metre, of the length of the ship in respect of which the licence is granted.

(2) The fee payable under Subsection (1) shall be paid–

(a) annually; and

(b) in advance.

9. COASTING TRADE PERMIT FEES.

(1) Where a coasting trade permit is issued in respect of–

(a) a ship that is registered under the Act; and

(b) the carriage of cargo in that ship,

the person to whom the permit is issued shall pay a fee of K140.00 on the issue of the permit.

(2) Where a coasting trade permit is issued in respect of a ship that is not registered under the Act, the person to whom the permit is issued shall on the issue of the permit pay the fee appropriate to the shipping service to which the permit relates and, if more than one, the aggregate of those fees.

(3) The fees referred to in Subsection (2) are, where the permit relates to–

(a)^[3] the carriage of cargo–a fee of K200.00; and

(b) the carriage of–

(i)^[4] 10 passengers or less–a fee of K50.00; and

(ii)^[5] more than 10 passengers–a fee of K50.00 and additional fee of K2.00 for each passenger permitted to be carried in excess of 10; and

(c)^[6] the provision of a shipping service for which a fee is not otherwise payable–a fee of K200.00.

SCHEDULE 1

PAPUA NEW GUINEA.

Merchant Shipping Act 1975.

Form 1 – GENERAL CATEGORY LICENCE TO ENGAGE IN THE COASTING TRADE.

Act, Sec. 222. Form T.1.Reg., Sec. 3.

PAPUA NEW GUINEA.

Merchant Shipping Act 1975.

Form 2 – SPECIAL CATEGORY LICENCE TO ENGAGE IN THE COASTING TRADE.

Act, Sec. 222. Form T.2.Reg., Sec. 4.

PAPUA NEW GUINEA.

Merchant Shipping Act 1975.

Form 3 – COASTING TRADE PERMIT.

Act, Sec. 232. Form T.3.Reg., Sec. 5.

Office of Legislative Counsel, PNG

1. ^[1]Section 8(1)(a) amended by Merchant Shipping (Coasting Trade) (Amendment) Regulation 1998 (No 22 of 1998), s1(a).
2. ^[2]Section 8(1)(b) amended by Merchant Shipping (Coasting Trade) (Amendment) Regulation 1998 (No 22 of 1998), s1(b).
3. ^[3]Section 9(3)(a) amended by Merchant Shipping (Coasting Trade) (Amendment) Regulation 1998 (No 22 of 1998), s2(b)(i).
4. ^[4]Section 9(3)(b)(i) amended by Merchant Shipping (Coasting Trade) (Amendment) Regulation 1998 (No 22 of 1998), s2(b)(ii)(A).
5. ^[5]Section 9(3)(b)(ii) amended by Merchant Shipping (Coasting Trade) (Amendment) Regulation 1998 (No 22 of 1998), s2(b)(ii)(B).
6. ^[6]Section 9(3)(c) amended by Merchant Shipping (Coasting Trade) (Amendment) Regulation 1998 (No 22 of 1998), s2(c).