Federal Law on the Recording and Control of Small Vessels

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 21

 

 

 

 

 

 

 

 

 

 

 Federal Law on the

Recording and Control of Small Vessels


 

 

Short title

 

1. This Law may be cited as the Federal Law on the Recording and Control of Small Vessels.

 

Interpretation

 

2.-(1) In this Law, unless the context otherwise requires -

 

“Department " means the Department having the responsibility for maritime affairs;

 

"Director" means the head of the Directorate;

 

"Gazette" means the federal Official Gazette;

 

"vessel" includes every ship, boat, lighter and floatable craft of every description used in navigation, whether operated by power or otherwise.

 

Recording of certain vessels

 

3.  All fishing vessels and pleasure or other vessels, other than portable or collapsible craft for use by bathers, of or below fifteen net registered tons, operating or plying exclusively in any port or shipping place in Cyprus or plying between such ports or shipping places, or otherwise within the territorial waters of Cyprus, shall be recorded at the Directorate

 

Particulars to be furnished by owner of vessels on recording

 

4. The owner or person in possession, or having control, of any vessel specified in section 3, or into whose possession or under whose control any such vessel may come, shall forthwith notify the Director and furnish him with the following particulars which, together with tonnage of the vessel as ascertained by him, shall be entered in the appropriate record by him:-

a)           the name of the vessel, if any,

b)           description and dimensions of the vessel,

c)           the name and address of the owner, and if the owner is a partnership, a company or other legal entity registered  in the constituent states the name and address of the partnership, the company or other legal entities registered in the constituent state, or if the vessel is owned by more than one person, company or legal entity the name and address of each owner partnership, company or other legal entity and the proportions of their respective interests in the  vessel,

d)           how, when and where the vessel has been acquired.

 

Issue of note of record

 

5. On completion of the recording of a vessel the Director shall issue a note of record, in the approved form, in which the particulars entered in the record shall be set forth, and he shall allot to such vessel a registration number with a letter prefix distinguishing the series of the numbers of each port from those of other ports.

Display of registration number

 

6. Every vessel in respect of which a note of record has been issued under section 5 shall have affixed thereto, on each bow and on the stern, a white disc on which there shall be displayed in black the registration number allotted to the vessel under the said section 5. The figures comprising the registration number displayed on the disc shall be at least four inches high.

 

Note of record to be carried and produced

 

7. The owner or person in whose possession or under whose control any vessel specified in section 3 may be, shall always carry with him, while such vessel is in use by him, the note of record relating to such vessel and, upon demand by the Director or a police officer, shall produce the same for inspection.

 

Vessels not to be employed unless recorded

 

8. No vessel specified in section 3 shall ply or be employed in any place in Cyprus unless it has been recorded in accordance with the provisions of this Law.

 

Notification of changes in ownership, etc.

 

9. Where, as regards any vessel specified in section 3, any change shall occur in any of the particulars set out in paragraphs (a),  (b) or (c) of section 4, or if any such vessel shall be lost, broken up, or transferred outside Cyprus, the owner or person having possession or control of such vessel, and in the case of a transfer of ownership both the transferor and the transferee, shall forthwith notify the Director of the circumstances thereof.

 

Amendment of note of record and record upon changes in ownership, etc.

 

10. If any change at all, mentioned in section 9 at all occur, regarding any vessel specified in the said section, other than loss, breaking up, or transfer thereof outside Cyprus, the owner or person having possession or control of such vessel shall produce the note of record thereof to the Director, who shall amend the particulars of the record, and the note of record of the said vessel, in accordance with the change.

 

Note of record to be cancelled and record expunged in certain vessel

 

11. If any vessel, as specified in section 3, shall be lost, broken up, or transferred outside Cyprus, the owner or person having possession or control of such vessel shall surrender the note of record thereof to the Director, who shall cancel the note of record and expunge the particulars thereof in the record.

 

Savings

 

12. The provisions of this Law shall be in addition to, and not in derogation of, the provisions of any law of either constituent state regulating fisheries or of any Law amending or substituted for the same.

 

Penalties

 

13. Any person who owns, possesses or has under his control any vessel specified in section 3 in contravention of any of   the provisions of this Law, or who fails to comply with any of the provisions of this Law shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding seven thousand pounds or to both such imprisonment and fine.

 

Regulations

 

14. -(1) The Presidential Council may make Regulations to be published in the Gazette for the better carrying into effect of the provisions of this Law.

 

(2) In particular, and without prejudice to the generality of subsection (1), such Regulations may provide for mortgaging small vessels.