Section 3
Licensing etc.
of Merchant Shipping Licensed Small Ships Regulations 1961
An application for licensing or renewing the licence of a small ship shall be made to the approving licensing authority and may be oral or in writing and in either case shall be accompanied by the appropriate fee specified in the
First Schedule.
(2)
Every licence issued under these regulations shall be –
(a)
in the form set out in the Second Schedule;
For Reference Only
Subsidiary Legislation 1 of 9
Merchant Shipping (Licensed Small Ships) Regulations 1961
(b)
subject to the conditions set out in these regulations and any conditions contained in the licence or endorsed thereon by the licensing authority; and
(c)
valid for the period ending on the 31st day of December in the year in which the licence is issued, and shall then lapse unless renewed; and any such period of renewal shall not exceed twelve months at any one time:
Provided that in the case of non-mechanically propelled small ships not exceeding thirty-five feet in length the licence shall be valid for such period as may be specified therein.
(3)
A licence shall contain the same particulars as are prescribed in Regulation 4 for the register; and further shall contain a list of the safety equipment which the small ship is required to carry and a provision invalidating the licence if, without the permission of the licensing authority contained in the licence, the small ship proceeds outside North Borneo save by stress of weather or other cause beyond the control of the person in charge.
(4)
A licensing authority shall not –
(a)
issue or renew a licence of a category other than classification 1 to 6 or D appropriate to the trading limits in which the authority is situated unless the issue or renewal has received the prior approval of the Director or a person authorized by him in writing in that behalf; or
(b)
issue or renew a licence unless he is satisfied that the small ship in all respects is fit to ply for the purposes for which it is licensed.
(5)
Any person aggrieved by the refusal of a licensing authority to issue or renew a licence, or by any terms or conditions inserted in the licence, may appeal in writing to the Director and the decision of the Director on any such appeal shall be final and shall not be questioned in any court.
(6)
If, without reasonable cause, the licence for a small ship is not renewed for the current licensing period by the thirtieth day of April next after the expiration of such licence, and if the expired licence has not within that period been surrendered to the licensing authority which issued it, the fee for the renewal of such licence shall, without prejudice to the provisions of section 3 of the Ordinance, be twice the amount of the fee prescribed therefor in the First Schedule.
(7)
Every licence shall be kept upon the small ship to which it refers in a clean and respectable condition and shall be produced for inspection whenever required by any licensing authority, any member of the Marine Department, any customs officer or any police officer.
(8)
In the event of the conviction of the holder of a licence issued under this regulation of any offence connected with the small ship or the operation thereof, the court before whom such conviction is obtained may cancel such licence or may suspend such licence for such period as it may think fit, and may declare any licensee to be disqualified from holding a licence under these regulations for such period as it may think fit.
Licence register.