Merchant Shipping Act, 2013.

This Act, consisting of 546 articles and divided into twenty five parts, provides for the establishment of a comprehensive framework of the legislation concerning registration of ships, regulation of shipping, maintenance of safety at sea. The Act defines interpretation of relevant terms, including: aircraft, cargo ship, crew, duly qualified medical practitioner, employment agreement, fishing vessel, Gambian waters, grain, inland waters, internal waters, machinery, maritime labour certificate, merchant ship, port, restricted zone, security incident, wages, wreck. The Act concerns restriction on trading in Gambian waters; regulates the activity of vessels operating in inland waters; provides for appointment of a registrar of shipping and seafarers, including: qualifications for owning a Gambian ship, application for registration, evidences to be produced, name of the ship, identifying marks for fishing vessels, tonnage measurement of ships, Ministerial powers to make regulations concerning certificates of registration, transfer and transmission of ships, mortgage of ships, maritime liens on vessels related to claims against owners or operators.
Following Parts of the Act concern: national character and flag of the ships, including penalties for misuse of Gambian flag; regulations and qualification of persons serving on Gambian ships, including offences related to; engagement, discharge and welfare of seafarers, including: seafarers’ employment agreement, regulation for disciplinary offences, employment of persons under sixteen years and related exemptions, compliance with ILO international conventions, crew’s knowledge of English, wages and emoluments, protection of workers’ rights, refusal to work, incapacity of performing the work due to illness, protection of wages, holidays, occupational safety regulations, food and water to be provided for employed seafarers, health and welfare of the workers, desertion and general offences against discipline; prescribed form to keep the log book. Part IX concerns prevention of collision at sea, including: Ministerial power to make regulations, foreign ships’ in Gambian waters compliance with the regulations, damage caused by non-observance of regulations, obligation to notify hazards of navigation, to assist ships in distress and persons in danger at sea, offences and penalties related to.
Part X concerns safety of life at sea, in application of the 1974 International Convention for the Safety of Life at Sea (SOLAS), including: definition of relevant terms, Ministerial power to make regulations, role of ships in port, appointment of surveyors and power of inspection, penalties for carrying excess passengers, safety equipments of cargo ships, application of the provisions to foreign ships. Part XI concerns load lines, in application of the 1966 International Convention on Load Lines and does not apply to fishing vessels, pleasure yachts not engaged in trade and warships. Following Parts concern: carriage of bulk cargoes; carriage and marking of dangerous goods and their rejection and disposal by ship; unsafe ships, including: definition, method of detention, owner’s obligation; measures concerning wrecks and ships in distress. Part XVI concerns salvage and defines relevant terms, including: damage to the environment, maritime casualty. This Part provides for: salvage of life, salvage of property, salvage contracts, duties of owners and duties of salvor, special compensation and reward, humanitarian cargoes. Following Parts concern: carriage of passengers and their luggage on board ships; limitation and division of liability; establishment and management of aids to navigation and offences related to; pilotage and specific licenses related to; enquiries and investigation related to marine casualties; legal proceedings; maritime security, including piracy and hijacking and offences related to safety of navigation; miscellaneous and final provisions.