Section 2: Interpretation

2. Interpretation In this Act— “aid to navigation” means a lighthouse, buoy, beacon, radio aid, or any other light, signal or mark established to aid marine navigation, and includes any building, mooring and other works associated therewith; “bareboat charter” means a written agreement by virtue of which a charterer shall— (a) acquire control and possession of a ship, including its management and operational control; (b) appoint and dismiss the master and the crew of the ship; (c) be responsible towards any third party as if he was the owner of the ship; and (d) generally be substituted in all respects to the owner of the ship; but (e) have no right to sell or mortgage the ship, for an agreed period; “Board of Inquiry” means any such Board appointed to inquire into any matter pursuant to this Act; “certificate of registration” means a certificate issued in respect of a ship under section 26; “Classification Society” means a member of the International Association of Classification Societies which is recognised by the Government of the Republic of Mauritius; “coastal area” means the coast of Mauritius and all Mauritius waters other than those within the limits of ports and harbours and the approaches thereto; “Court”— (a) except in section 50, means a Court of competent jurisdiction; and (b) in section 50, means the Master’s Court; M62 – 5 [Issue 2] Merchant Shipping Act “Court of Investigation” means a body appointed as such under section 10; “crew”— (a) includes— (i) any person employed to work on a ship on a voyage; (ii) an apprentice; but (b) does not include a pilot or any other person employed solely in a port; “dangerous goods”— (a) means explosives, gases, inflammable liquids, inflammable solids, substances liable to spontaneous combustion, inflammable acids, substances that emit inflammable gases in contact with water, oxidising substances, organic peroxides, poisonous, infectious or radioactive substances and corrosives; (b) includes any other goods that may be prescribed or classified as such in the International Maritime Dangerous Goods Code; “Director” means the Director of Shipping referred to in section 4; “foreign port” means an area of water, or land and water (including any building, installation or building situated in or on that land or water) in a foreign country, intended for use in connection with the movement, loading, unloading or maintenance of ships or the supply of provisions to ship; “foreign ship” means a ship which is not a Mauritius ship; “Government ship” means a ship owned by the Government of the Republic of Mauritius or held by a person on behalf of, or for the benefit of, the Government of the Republic of Mauritius; “grain” means wheat, oats, rye, barley, rice, pulses or seeds; “International Convention” means any convention adopted by the International Maritime Organisation or the International Labour Organisation, which is ratified by the Republic of Mauritius; “international voyage”, except in Sub-Part II of Part V, means a voyage from Mauritius to a port or other place outside Mauritius or a voyage to Mauritius from such a place; “ISPS Code” means the International Ship and Port Facility Security Code; “limitation fund” means a fund constituted in accordance with section 204; “maritime entity” includes a partnership, ‘société’, association or other body of persons which is a business entity; [Issue 2] M62 – 6 Revised Laws of Mauritius “master” includes every person, other than a pilot, who has the Part V, means a voyage from Mauritius to a port or other place outside Mauritius or a voyage to Mauritius from such a place; “ISPS Code” means the International Ship and Port Facility Security Code; “limitation fund” means a fund constituted in accordance with section 204; “maritime entity” includes a partnership, ‘société’, association or other body of persons which is a business entity; [Issue 2] M62 – 6 Revised Laws of Mauritius “master” includes every person, other than a pilot, who has the command or charge of a ship; “Mauritius ship” means a ship registered under Part III, the registration of which has not been suspended or terminated; “Mauritius waters” has the same meaning as in the Maritime Zones Act; “Minister” means the Minister to whom responsibility for the subject of shipping is assigned; “national colours” means the flag of the Republic of Mauritius; “naval vessel” means a warship or troop ship; “night” means a period of not less than 9 hours starting not later than midnight and ending not earlier than 5 a.m.; “officer”, in relation to a ship, means a crew member appointed to assist the master in the operational control of the ship; “official log book” means the book required to be kept pursuant to section 92; “Organisation” means the International Maritime Organisation; “outer islands” means the islands comprised in the State of Mauritius, other than the Islands of Mauritius and Rodrigues; “owner” means the owner of a registered ship; “passenger”, except in Part VIII, means a person carried on a ship other than a person— (a) employed or engaged on the business of the ship; or (b) carried pursuant to an obligation on the master as a shipwrecked or distressed person or owing to circumstances that the master or the owner could not have foreseen; or (c) a child under one year of age; “passenger ship” means a ship carrying more than 12 passengers; “Port” means a port specified in the Schedule to the Ports Act; “proper officer” means a person whose duty is to perform, in a foreign country, any duty carried out in Mauritius by the Director, the Registrar, the Superintendent of Shipping or a surveyor; “Registrar” means the person referred to in section 5; “remuneration” means remuneration for salvage services; “representative person” means a person who is required to be designated in accordance with section 17; M62 – 7 [Issue 2] Merchant Shipping Act “Safety Convention” means the International Convention for the Safety of Life at Sea 1974 and its Protocol of 1988; “salvage” includes all expenses properly incurred by a salvor as determined in accordance with Sub-Part III of Part VI; “Salvage Convention” means the International Convention on Salvage 1989; “salvage operation” means an act or activity undertaken to assist a ship or other property in danger in navigable waters; “salvage services” means services rendered in direct connection with a salvage operation; “salvor” means a person who renders salvage services; “seafarer” means a person engaged on a ship’s crew agreement, other than— (a) the master or a pilot; and (b) a person temporarily engaged in a port or employed on duties which are not part of a seafarer’s normal duties; “ship”— (a) means any kind of vessel, however propelled, used in navigation; and (b) includes a barge, lighter, dredger, mobile dredging unit, high speed craft and an air-cushion vehicle; “ship’s agent” means any person who manages the affairs of a ship on behalf of the master or owner while she is in on engaged on a ship’s crew agreement, other than— (a) the master or a pilot; and (b) a person temporarily engaged in a port or employed on duties which are not part of a seafarer’s normal duties; “ship”— (a) means any kind of vessel, however propelled, used in navigation; and (b) includes a barge, lighter, dredger, mobile dredging unit, high speed craft and an air-cushion vehicle; “ship’s agent” means any person who manages the affairs of a ship on behalf of the master or owner while she is in Mauritius waters; “Superintendent of Shipping” means the person referred to in section 6; “surveyor” or “inspector” means a person designated as such by the Director under section 7; “territorial sea” has the same meaning as in the Maritime Zones Act; “Tonnage Convention” means the International Convention on Tonnage Measurement of Ships 1969; “Tonnage Regulations” means regulations made under section 228 (1) (d); “unsafe ship” has the meaning given to it by section 128; “voyage” means the time spent and the distance covered by a ship between its port of departure and its port of arrival; “wages” includes emoluments and any other amount due to a seafarer from his employer during the currency of his employment. [Issue 2] M62 – 8 Revised Laws of Mauritius