Merchant Shipping Fees Regulations 1961

These regulations may be cited as the Merchant Shipping (Fees) Regulations, 1961, and shall come into force on the first day of April, 1961.

In these regulations the word “tons” means gross tons.

SECTION A: FEES FOR MERCANTILE MARINE SERVICES

PART I: FEES FOR ENGAGEMENT AND DISCHARGE OF SEAMEN

Services

Fees

(a)

For each seaman engaged or discharged before a superintendent or his duly appointed deputy

$2.00

(b)

Additional fees for engagement and discharge of seamen on board ship:

For the engagement and discharge of seamen on board ship the fee specified in this paragraph will be charged, the minimum fee for any visit of a superintendent or his duly appointed deputy to a ship for the purpose of the engagement or discharge of such seamen is

$40.00

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In addition the actual travelling expenses of the officers between the ship and the Mercantile Marine

Office must be paid.

(c)

For attendance on board, by request, to render a service independent of the number of seamen on board

(e.g. to attest the insertion of a new clause in the agreement)

$16.00

(d)

Overtime Charges:

For attendance at the Mercantile Marine Office or on board ship (including time spent travelling to and from the ship) outside the usual office hours the following special charges are made in addition to the ordinary fees:

per hour

A service occupying less than an hour will be charged for as one hour, according to the scale.

Where a service occupies more than one hour but not an exact number of hours the charge will be:

If the period in excess of an exact number of hours is thirty minutes or less, half the appropriate fee for one hour;

If the period in excess is more than thirty minutes the appropriate fee for one hour.

$50.00

(e)

Waiting time during office hours:

When the engagement or discharge of a crew takes place on board ship during office hours and is not started at the time stated on the form of application a charge at the rate of $10.00 per half hour will be made if the waiting time amounts to half hour or more. No charge will be made if the waiting time is less than a half hour. Where, however, it amounts to, or exceeds, half an hour the charge will be calculated to the nearest half hour.

If the waiting time extends beyond office hours a charge for that part of the waiting time which is outside office hours will be calculated separately at the rate shown in (d) Overtime Charges.

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(f)

For the issue or replacement of a Seaman’s discharge book.

$5.00

(g)

For each back entry in such book

$0.50

per entry

(h)

Port clearance will be issued free of charge during usual office hours but a fee of $20.00 per half hour or part thereof occupied by the Port Officer or his staff in attending to such business shall be payable by any person requesting this service at any other time.

PART II: EXAMINATIONS

MATES AND ENGINE DRIVERS

Services

Fees

(a)

Fees for Statutory Examination:

For examination for certificate of competency or certificate of authorisation on each occasion on which a candidate presents himself:

Master of a home-trade ship … …

Mate of a home-trade ship … …

Master of a local-trade ship … …

Mate of a local-trade ship … …

Master of a coastal-trade ship … …

Mate of a coastal-trade ship … …

First-class engine driver … …

Second-class engine driver … …

Third-class engine driver … …

For the examination in signalling if taken separately from the remainder of the examination, for each attempt … …

Where an examination for a Marine Certificate of

Competency includes written and oral examination, fees for re-examination upon failure of one part shall be half the specified fee.

Voluntary examination in signalling:

If taken at the same time as the examination for a certificate of competency: …

If taken at any other time … …

$30.00 20.00 25.00 20.00 15.00 10.00 20.00 15.00 10.00

1.00

No fee

$10.00

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For the sight test examination of a person serving, or intending to serve, in the Mercantile Marine:…

2.00

(b)

For the replacement of a lost certificate of competency of any grade

$5.00

(c)

(deleted)

Services

Fees

For the examination of lifeboatmen for a certificate of efficiency …

$6.00

PART III: FEES FOR REGISTRATION, TRANSFER AND

MORTGAGE OF BRITISH SHIPS

Services

Fees

(a)

On Initial Registry:

Vessels under fifty tons … …

Vessels fifty to 100 tons … …

Vessels 100 to 200 tons … …

with $5.00 for every additional !00 tons or fraction of 100 tons.

$20.00 30.00 40.00

(b)

Transfer and Mortgage:

On transfer, transmission, registry anew, transfer of registry, mortgage and transfer of mortgage:

According to the gross tonnage represented by the ship transferred, etc. (e.g. the transfer of a 1/64 share in a ship 6,400 tons to be reckoned as the transfer of 100 tons).

Under ten tons … …

Ten tons and under twenty tons … …

Twenty tons and under thirty tons … …

Thirty tons and under forty tons … …

Forty tons and under fifty tons … …

Fifty tons and under seventy-five tons … …

Seventy-five tons and under 100 tons … …

100 tons and under 125 tons … …

$2.00 4.00 8.00 10.00 12.00 14.00 18.00 20.00

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and further fee of $1.00 for every additional fifty tons, or part of fifty tons, up to 500 tons after which $1.00

for every 100 tons, or part of 100 tons.

(c)

Miscellaneous:

For every Bill of Sale between British subjects (if made in the office)

For a certified copy of the particulars entered by the registrar in the register book on the registry of a ship, together with a certified statement showing the ownership of the ship at the time being …

For a certified copy of any declaration or document, a copy of which is made evidence by virtue of section 3

of the Merchant Shipping Ordinance, 1960 …

For each inspection of the register book …

20.00

8.00

8.00

2.00

PART IV: FEES FOR THE LICENSING OF NORTH BORNEO

LICENSED SHIPS OF FIFTEEN NET TONS

The fees chargeable for the licensing of North

Borneo Licensed ships, shall be –

Shipping (Licensed Small Ships) Regulations,

1961, the fees prescribed by those regulations;

and

British ships.

G.N. No. S 32 of 1961

PART V: MISCELLANEOUS

Services

Fees

1.

(a)

For inspection of the records kept by the

Registrar of Seamen

$3.00

(b)

For the medical examination of a seaman when requested by the owner or master

10.00

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Merchant Shipping (Fees) Regulations 1961

(c)

For the inspection of provisions or water either before shipment or on board a ship

40.00

(d)

For recording an indenture of apprenticeship to the sea service 10.00

(e)

For each indenture of apprenticeship effected with the Superintendent’s assistance 10.00

(f)

For a copy of an apprentice’s indenture 10.00

2.

Fees for Receivers of Wreck:

(a)

For every report required to be sent by the Receiver to the Secretary of Lloyds in

London

$20.00

(b)

For wreck taken in custody by the

Receiver –

a percentage of five per cent, upon the value thereof, but the amount payable shall not exceed $1,000.

(c)

In cases where any services are rendered by a Receiver, in respect of any vessel in distress, not being wreck, or in respect of the cargo or other articles belonging thereto, the following fees instead of a percentage –

If the vessel with her cargo equals or exceeds in value $10,000 the sum of eighty dollars for the first, and the sum of forty dollars for every subsequent day during which the Receiver is employed on that service, but if the vessel with her cargo is less in value than $10,000, one-half of the above-mentioned sums.

In additions the expenses incurred by Receivers of Wreck will be payable.

SECTION B: PILOTAGE FEES

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Merchant Shipping (Fees) Regulations 1961

Services

Fees

1.

Within any port limits and for a distance not exceeding five miles (to or from any wharf berth or anchorage)

inclusive of a single wharf berthing / unberthing.

(a)

Gross Tonnage of Vessel:

Under 2,000 tons … …

2,00 tons and over but under 4,000

tons … …

4,000 tons and over but under 6,000

tons … …

For each additional gross ton over 6,000 tons – one cent.

$100.00

150.00

200.00

(b)

For distances exceeding five miles, in addition to the fees in (a) above one-quarter of one cent per gross ton per mile.

2.

Outside any port limit, one cent per gross ton for the first mile, thereafter one-half cent per gross ton per mile.

3.

(a)

A minimum fee of half of the pilotage cost shall be paid when the services of a pilot are requested, whether or not his services are subsequently used.

(b)

A detention fee of $60.00 an hour will be charged if a pilot is delayed or detained beyond the period which would normally be required for the execution of his duties by reason of the vessel not being ready for movement or being delayed by weather or otherwise.

SECTION BB: TUG CHARGES

Services

Fees 1.

Within Harbour Limits –

(a)

(i)

For attendance upon any vessels for a 5 cents per nett ton or part thereof with a minimum charge of $100.

00.

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period not exceeding one hour or for any other operation for a period not exceeding one hour

(ii)

For every half hour or part thereof in excess of one hour

Half the fee calculated in accordance with sub-paragraph (a)

$50.00.

(b)

(i)

For every occasion on which an order for tug attendance is cancelled provided that the standby period does not exceed a period of half an hour

Half the fee calculated in accordance with sub-paragraph (a)

RM50.00.

(ii)

For every additional period of half an hour or part thereof

Half the fee calculated in accordance with sub-paragraph (a)

$50.00.

(c)

An additional charge of 50% is made if any of the foregoing services is performed between the hours of 6.00 p.m. and 6 a.m. or on any

Sunday or Gazetted

Public Holiday

2.

Outside Harbour Limits –

(a)

For the towage of any vessel from the limits of one port to the limits of another port 10 cents per nett ton or part thereof per hour or part thereof with a minimum average hourly charge of

$100.

00.

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(b)

For the towage of any vessel from outside any harbour limits to a port, if the vessel is not considered a subject of salvage

15 cents per nett ton or part thereof per hour or part thereof with a minimum average hourly charge of

$150.00.

3.

Miscellaneous –

(a)

For use of tug’s towing hawsers (at tug’s option)

$50.00 per 2 hour period or part thereof.

(b)

For salvage services

To be determined by agreement between the parties concerned.

SECTION C: SURVEYORS’ EXPENSES AND SPECIAL FEES

PART I: SURVEYORS EXPENSES

Without prejudice to Parts II and III, in any case where a Surveyor is called to a survey or inspection by owner, and is prepared to carry it out but is prevented from doing so by circumstances which it was within the control of the owner, his servants or agents to prevent, the Surveyors expenses must be paid.

PART II: SURVEYS ABROAD

In cases where the Director decides to allow a survey to be made outside Sabah, by a Surveyor of Ships, in addition to the usual fees and all the Surveyors expenses incurred in this connection, a charge of $300 will be made for every twenty-four hours or part of twenty-four hours during which the Surveyor is absent from the Port at which he is stationed.

All fees, and deposit to cover the additional charges, must be paid in advance. An undertaking must be given for the payment of any balance of fees and expenses connected with the service.

PART III: OVERTIME CHARGES

Whenever Surveyors are called upon to perform services out of office hours, application should be made, by the owners, or their agents. The application must include an undertaking to pay the overtime charges.

Overtime is charged according to the following scales:

On week days:

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Merchant Shipping (Fees) Regulations 1961

Before or after office hours … …

On Sundays and Public Holidays … …

$50.00 per hour

$100.00 per hour

A service occupying less than an hour will be charges for as one hour, according to the scale. For services exceeding one hour, a quarter fee will be charged for every quarter, or part of a quarter, of an hour, according to the scale.

PART IV – MISCELLANEOUS

For any miscellaneous survey not covered by other fees

$50.00 per hour

SECTION D: SURVEY FEES

PART I: PASSENGER SHIPS

Fees for Passenger and Safety Certificates

Services

Fees

(a)

For a combined passenger and safety certificate for

Foreign-Going, Home Trade and Local Trade vessels:

(i)

Ships not exceeding fifty tons …

$260.00

(ii)

Ships exceeding fifty tons but not exceeding 100 tons …

480.00

(iii)

Ships exceeding 100 tons but not exceeding 300 tons …

720.00

(iv)

Ships exceeding 300 tons but not exceeding 600 tons …

900.00

For every additional 300 tons or part of 300 tons …

180.00

(b)

For a combined passenger and safety certificates for

Coastal Trade vessels:

(i)

Ships not exceeding twenty-five tons …

$80.00

(ii)

Ships exceeding twenty-five tons but not exceeding fifty tons …

100.00

(iii)

Ships exceeding fifty tons but not exceeding 100 tons …

150.00

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(iv)

Ships exceeding 100 tons but not exceeding 200 tons …

200.00

(v)

Ships exceeding 200 tons but not exceeding 500 tons …

320.00

(vi)

Ships exceeding 500 tons but not exceeding 1,000 tons …

400.00

For every additional 100 tons or part thereof …

40.00

(c)

For a certificate of less than twelve months validity ...

One-twelfth of the fee for each month or part of a month:

Provided that the minimum fee shall not be less than one-quarter of the full fee.

In addition, for a ship required to be provided with a radio installation – for inspection of the radio installation

…

$60.00

(d)

(i)

For changing the limits within which the ship may ply …

40.00

(ii)

giving additional limits within which the ship may ply …

40.00

(iii)

decreasing the number of passengers the ship may carry …

40.00

(iv)

increasing the number of such passengers

…

40.00

(v)

changing the owner of the ship …

20.00

(vi)

for any inspection or other change in the certificate …

20.00

(e)

For a passenger certificate issued in respect of a passenger ship not registered in North Borneo, stating only the number of passengers the ship may carry …

80.00

(f)

For an additional copy of a certificate …

20.00

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Merchant Shipping (Fees) Regulations 1961

(g)

For Special Passenger and Safety Certificate for a particular voyage:

(i)

for a coastal-trade ship …

$40.00

(ii)

for any other ship …

140.00

These fees cover any number of visits that a Surveyor may require to make before granting his declaration, and cover the survey of the hull and propelling machinery, and the inspection of the equipment of the ship including the lights and sound signals.

The fee for a passenger certificate covers, in the case of a classed vessel, the fee for the survey of a ship for load line if the two surveys are carried out concurrently. The fee does not, however, cover the inspection of crew accommodation or the measurement for tonnage.

PART II: RADIO

EXEMPTION CERTIFICATES

Services

Fees

(a)

For a radio certificate, or a qualified radio certificate together with an exemption certificate …

$200.00

(b)

For an exemption certificate only …

60.00

(c)

For a copy of a radio certificate or a qualified radio certificate together with an exemption certificate …

24.00

(d)

For a copy of an exemption certificate only …

24.00

Services

Fees

(a)

For the inspection of a ship on the application of the owner for the purpose of seeing that she is properly provided with a radio installation and radio officers or a radio telephone operators, and for the issue of a report

…

$200.00

(b)

For the inspection of a ship for such purpose, otherwise than on the application of the owner, if the ship is found not to be properly provided with a radio installation and radio officers or radio telephone operators:

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Merchant Shipping (Fees) Regulations 1961

For each visit made to the ship …

Maximum ….

120.00 480.00

(c)

For a copy of form …

24.00

PART III: SAFETY EQUIPMENT

These fees cover the survey of lifesaving appliances, fire appliances, pilot ladders and the lights and sound signal apparatus.

Services

Fees

(a)

For a safety equipment certificate for Foreign-Going,

Home Trade and Local Trade vessels:

(i)

Ships not exceeding 1,600 tons …

$200.00

(ii)

Ships exceeding 1,600 tons but not exceeding 3,000 tons …

260.00

(iii)

Ships exceeding 3,000 tons …

400.00

(b)

For a copy of a certificate, or a copy of a Record of

Safety Equipment

20.00

(c)

For the partial inspection of the safety equipment of a cargo ship required to hold a Safety Equipment

Certificate (including a cargo ship not registered in

North Borneo).

For each visit made to the ship on application of the owner, and for each visit made where the equipment is found defective …

60.00

(d)

For a safety equipment certificate for North Borneo

Coastal Trade vessels

(i)

Ships not exceeding 25 tons …

60.00

(ii)

Ships exceeding 25 tons but not exceeding 50 tons ...

70.00

(iii)

Ships exceeding 50 tons but not exceeding 100 tons …

100.00

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Merchant Shipping (Fees) Regulations 1961

(iv)

Ships exceeding 100 tons but not exceeding 200 tons …

120.00

(v)

Ships exceeding 200 tons but not exceeding 500 tons …

160.00

(vi)

Ships exceeding 500 tons but not exceeding 3,000 tons …

100.00

(vii)

Ships exceeding 3,000 tons …

400.00

(e)

For a certificate of less than twelve months validity …

One twelfth of the fee for each month or part of a month:

Provided that the minimum fee shall not be less than one quarter of the full fee.

LIFESAVING APPLIANCES

Services

Fees

(a)

For inspection during construction, for the certification or re-certification of boats and buoyant apparatus, and for the issue of a report of inspection

Boat, 20 ft. length, and under …

$30.00

Boat, over 20 ft. length certified to carry not more than 60 persons …

70.00

Boat, certified to carry more than 60 persons but not more than 85 persons …

90.00

Boat, certified to carry more than 85 persons …

120.00

Motor boat certified to carry up to 60 persons …

160.00

Motor boat certified to carry more than 60 persons but not more than 85 persons …

180.00

Motor boat certified to carry more than 85 persons but not more than 99 persons …

260.00

Motor boat certified to carry more than 99 persons …

320.00

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Merchant Shipping (Fees) Regulations 1961

Engine set for a motor boat …

120.00

Buoyant apparatus, per unit …

10.00

Minimum fee …

70.00

(b)

For the inspection and stamping of life jackets at the maker’s works, for each dozen life jackets …

Minimum fee for one visit ...

4.00 90.00

(c)

For the examination of the design of a lifesaving appliance, the inspection of the first appliance made to the design and, if required, the issue of a certificate of test ...

These fees must be paid when application is made for consideration of the design.

The appropriate fee in (a) is payable for the survey of each subsequent boat, etc., built to a design that has been accepted.

100.00

Standard Fees

1 2 3

Issue of

Certificate

Renewal of

Certificate

Annual Survey

$

¢

$

¢

$

¢

Under 25 tons …

40

.00 40

.00 20

.00 25 tons and under 50 tons …

60

.00 60

.00 20

.00 50 tons and under 100 tons …

80

.00 80

.00 30

.00 100 tons and under 200 tons

…

130

.00 130

.00 40

.00 200 tons and under 500 tons

…

200

.00 200

.00 40

.00 500 tons and under 1,00 tons

…

300

.00 300

.00 60

.00 1,000 tons and above ..

400

.00 400

.00 80

.00

THEY ARE ALLEGED TO BE UNSEAWORTHY

Services

Fees

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Merchant Shipping (Fees) Regulations 1961

(a)

For the survey of a ship which is detained (other than upon the complaint of the crew) on account of overloading, improper loading, insufficient ventilation of coal cargoes, under manning, defective equipment, defective hull or machinery …

$100.00

(b)

For the survey of a ship upon the complaint of the crew

…

100.00

Services

Fees

(a)

For the inspection of an explosives magazine …

$60.00

(b)

For issue of a certificate stating that the magazine(s)

has/have been constructed in accordance with the recommendations of the Report of the Committee on the Carriage of Dangerous Goods and Explosives in ships …

60.00

(c)

For a certified copy of the certificate …

10.00

Services

Fees

(a)

For the inspection of stowage of explosives …

$60.00

(b)

For a certificate stating that the stowage is satisfactory for the carriage of explosives …

60.00

(c)

For a certified copy of the certificate …

10.00

FOR THE STOWAGE OF EXPLOSIVES

Services

Fees

(a)

For the inspection of compartments for suitability for the stowage of explosives …

$60.00

(b)

For a certificate stating that the compartment(s) is/are satisfactory for the carriage of explosives …

60.00

(c)

For a certified copy of the certificate …

10.00

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Merchant Shipping (Fees) Regulations 1961

GRAIN CARGOES

Services

Fees

(a)

For the examination of a plan of loading for grain cargoes …

$600.00

(b)

For examining and certifying a copy of a plan of loading subsequent to the examination of the original plan …

120.00

(c)

For an alteration in a plan of loading …

120.00

(d)

For the inspection on a ship of any alteration in the arrangement of fittings for the carriage of grain cargoes necessitating an alteration in the plan of loading …

60.00

PART IV – CREW ACCOMMODATION

Services

Fees

(a)

For the inspection of crew accommodation except in the cases specified in (b);

For each visit to the ship …

Maximum fee …

$60.00 240.00

(b)

For the inspection of crew accommodation at the same time as a survey for tonnage measurement, or a survey for seaworthiness prior to re-registry, or in consequence of an unjustified complaint by a member of a crew …

No fee

PART V – TONNAGE AND MAEKING

ADMEASUREMENT RULES MADE UNDER THE MERCHANT SHIPPING ACTS AND

THE MERCHANT SHIPPING (LICENSED SHIPS) REGULATIONS, 1961

(a)

(b)

(c)

TONS GROSS

Measurement under Rule I

Measurement under Rule II

Various

Measurement

$

$

$

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Merchant Shipping (Fees) Regulations 1961

25 tons and under …

80 40 20

50 tons and under …

120 60 40

Over 50 tons and not exceeding 100 tons …

200

100

50

For each additional 100 tons or part of 100 tons above 100 tons up to 20,000 tons …

40

20

8

The following rules shall be observed in calculating fees under this Part:-

(i)

Where the ship previously measured under Rule II is re-measured under

Rule I, the full fee in scale (a) is chargeable without any deduction for measurement under Rule II.

(ii)

The fees for re-measurement in consequence of alterations on the upper deck or in the engine room or under sections 77 (4), 78 (2), 79 (1) and 80

of the Merchant Shipping Act, 1894, or section 54 of the Merchant Shipping

Act, 1906 are shown in column (c) above. The maximum fee in respect of each item is $290. The fee for measurement under section 79 (1) (a) (i) of the Merchant Shipping Act, 1894, includes the inspection of crew spaces if made at the same time as the measurement.

The fee under section 81 of the Merchant Shipping Act, 1894 and in all other cases where, in consequence of alterations, re-measurement of the under-dock tonnage is found necessary is that stated in column (a) above.

(iii)

In the case of foreign ships applying for the renewal of their Certificate of

British Tonnage, the principal dimensions are to be re-tried and, if they are found to agree with the certificate, a fee of $140 only will be charged for the issue of the new certificate. If the dimensions do not practically agree with the certificate of tonnage, the ships must be re-measured throughout under Rule I or II, as the case may be and the proper fees must be charged.

(iv)

In the case of a foreign ship originally registered as a British Ship, and subsequently seeking registry, a fee of $120 only is to be charged, if on comparison, the principal dimensions are found to agree with the original tonnage formula of the ship. But if they do not agree and the ship has to be measured throughout, a full tonnage fee is payable. If the under-deck tonnage is found to agree and the other items differ, then, in addition to the

$120 fee for check measurement, further fees are chargeable for these inspections in accordance with the foregoing regulations.

(v)

In cases where a ship is being transferred from the British register to that of a foreign country, details of the British tonnage calculations may be

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supplied for the guidance of the foreign Customs Authorities on payment of a fee of $20 per sheet with a minimum fee of $120.

(vi)

In cases where it is desired by the owner of a ship details of the tonnage calculations may be supplied to him on payment of a fee of $30 per sheet with a minimum fee of $140.

Services

Fees

For the inspection of the markings of a ship under section 7 (1) of the Merchant Shipping Act, 1894, irrespective of the number of visits required by the surveyor for the inspection …

$60.00

For such an inspection, either at the same time as the survey for change of name (see (3)), or at the same time as the measurement of tonnage before registry or re-registry …

No fee

Services

Fees

For authorising the change of name of a British ship for a ship

Not exceeding 600 tons …

$120.00

Exceeding 600 tons and not exceeding 1,600 tons …

180.00

Exceeding 1,600 tons and not exceeding 3,000 tons …

260.00

Exceeding 3,000 tons and not exceeding 5,000 tons …

320.00

Exceeding 5,000 tons and not exceeding 8,000 tons …

380.00

Exceeding 8,000 tons and not exceeding 10,000 tons …

440.00

Exceeding 10,000 tons and not exceeding 15,000 tons …

500.00

The fee covers the inspection of markings, the change of name on the load line certificate, and in the case of ships holding passenger certificates, the issue of fresh declarations and passenger certificates showing the new name and any alterations in the ownership and port of registry. The fee also covers the replacement of safety certificates, safety equipment certificates, safety radio certificates or exemption certificates, by certificates in the new name.

SECTION E – MARINE COURTS

Prescribed fee for copies of notice of evidence and Report of

Marine Court. Per folio of 72 words …

$2.00

SECTION F – COURT OF SURVEY FEES

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Merchant Shipping (Fees) Regulations 1961

On filing notice of appeal for every 50 tons of the gross registered tonnage of the ship …

10.00

On filing Affidavit …

2.00

On every subpoena …

2.00

On every statement of the order required to be made by the

Court …

10.00

On the production and swearing of every witness …

2.50

On every hearing, for each day, to be paid by each party at the direction of the Judge from …

to …

20.00

100.00

On every order whether for the release or detention of the ship, or for payment of costs and damages to be paid by the party taking out the order …

20.00

On every office copy of the Judge’s judgement or report, of the shorthand writer’s notes of the evidence, or of any of the proceedings in the appeal, per folio of 72 words …

0.50

Dated at Jesselton, this 13th day of March, 1961.

M. PIKE,

Clerk of Executive Council.

COUNCIL CHAMBER,

JESSELTON.

10th October 2008

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