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Section 115: Exemption orders

Merchant Shipping Act · PART V: SAFETY OF NAVIGATION

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

115. Exemption orders (1) Where, in the opinion of the Director, the sheltered nature and conditions of international voyages— (a) between a Port and a near neighbouring port in another Convention State; or (b) between near neighbouring ports in any 2 or more States or territories outside Mauritius, make it unreasonable or impracticable to apply this Sub-Part to ships plying on such voyages, and the Director is satisfied that the Government of the other State concurs in that opinion, the Director may, by order specifying those ports, direct that ships plying on international voyages between those ports shall be exempt from this Sub-Part. (2) The Director may, by order, direct that ships under 24 metres in length engaged solely in the coasting trade, shall be exempt from this SubPart while not carrying cargo, or, if the order so provides, shall be exempt from the Sub-Part whether carrying cargo or not. (3) On the application of the owner of a Mauritius ship to which this SubPart applies which is either a pre-1966 Convention ship of not less than 150 gross tonnage or a post-1966 Convention ship of not less than 24 metres in length, the Director may exempt the ship where, in his opinion, the ship embodies features of a novel kind such that, if the ship had to comply with all the requirements of this Sub-Part and of the Load Line Regulations, the development of those features and their incorporation in ships engaged on international voyages might be seriously impeded. (4) On the application of the owner of a Mauritius ship to which this SubPart applies which is— (a) a pre-1966 Convention ship of less than 150 gross tonnage or a post-1966 Convention ship of less than 24 metres in length; or (b) a ship not falling within paragraph (a) which does not ply on international voyages, the Director may exempt the ship. (5) Without prejudice to subsection (4), where a Mauritius ship to which this Sub-Part applies which is a pre-1966 Convention ship of not less than 150 gross tonnage or a post-1966 Convention ship of not less than 24 metres in length, does not normally ply on international voyages but is, in exceptional circumstances, required to undertake a single international voyage, the Director may, on the application of the owner of the ships, exempt the ship while engaged on that voyage. [Issue 2] M62 – 58 Revised Laws of Mauritius (6) Where the Director exempts a ship under subsection (3), (4) or (5), he shall issue the appropriate certificate to the owner of the ship. (7) For the purposes of subsection (6), the appropriate certificate— (a) where the exemption is conferred under subsection (3) or (5), is an International Load Line Exemption Certificate; or (b) where the certificate is conferred under subsection (4), is a Mauritius Load Line Exemption Certificate. B – Mauritius Ships

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