Merchant Shipping Act of 1975
Labor Rules, Offenses, & Infractions
Does the law/regulation require foreign vessels to employ national labor?
Article 50
The master or owner of a ship registered under this Act who permits the ship to go to sea knowing the ship to have a crew consisting of less citizens than the prescribed proportion of the crew, is guilty of an offense. Penalty: [56]A fine not exceeding K10,000.00.
What labor laws apply to fishing workers on ships carrying a national flag?
Article 115
(1)[219] [220]A person who, at a place in the country without the written approval of a Labour Shipping Officer, employs a citizen as a crewman on a ship– (a) to which this Part does not apply; and (b) that is proceeding on a voyage to a place outside the country, is guilty of an offense. (2) Where– (a) there is a contravention of Subsection (1); and (b) a citizen is carried to sea, an owner or the master of the ship in which the citizen is carried to sea is guilty of an offense. Penalty: [221]A fine not exceeding K4,000.00.
Full Text
Summary:Entire law particularly from Section 115
Vessel Registration & License Management
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
Article 14
(1) Subject to Sections 15 and 17, the Registrar shall not register a ship under this Act unless– (a) the ship is owned wholly by a qualified person, or by persons each of whom is a qualified person; and (b) the ship is not registered in any other country. (2) For the purposes of this Act– (a) a person who is a citizen of Papua New Guinea; and (b) a corporation– (i) that is established under, and is subject to, the laws of Papua New Guinea; and (ii) that has its principal place of business in Papua New Guinea, being a corporation that is– (iii) registered by the Investment and Promotion Authority to carry on business as a shipowner in Papua New Guinea; or (iv) a national enterprise within the meaning of Section 3 of the Investment Promotion Act 1992. is a qualified person and no other person is a qualified person.
What qualifications does the law/regulation give for a vessel to qualify as a local vessel?
Article 14
(1) Subject to Sections 15 and 17, the Registrar shall not register a ship under this Act unless– (a) the ship is owned wholly by a qualified person, or by persons each of whom is a qualified person; and (b) the ship is not registered in any other country. (2) For the purposes of this Act– (a) a person who is a citizen of Papua New Guinea; and (b) a corporation– (i) that is established under, and is subject to, the laws of Papua New Guinea; and (ii) that has its principal place of business in Papua New Guinea, being a corporation that is– (iii) registered by the Investment and Promotion Authority to carry on business as a shipowner in Papua New Guinea; or (iv) a national enterprise within the meaning of Section 3 of the Investment Promotion Act 1992. is a qualified person and no other person is a qualified person. (3)[22] [23]Where the Registrar has reasonable cause to believe, and does believe, that any ship registered under this Act should not continue to be so registered, he may direct the Registrar to require the master and owner of the ship, or either of them, to produce evidence his satisfaction that the ship should continue to be so registered. (4)[24] [25]If within such time as may be determined by the Authority, not being less than 30 days, the evidence referred to in Subsection (3) is not produced, the ship is liable to forfeiture.