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Fiji Subsidiary Legislation |
FIJI
MARINE ACT, 1986
(ACT NO.35 OF 1986)
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MARINE (CERTIFICATES OF COMPETENCY (QUALIFICATIONS FOR ENTRY TO EXAMINATIONS) (DECK OFFICERS) REGULATIONS, 1989
IN exercise of the powers conferred upon me by sections 98, 99, 143 and 212 of the Marine Act, 1986, I have made the following Regulations-
Short title
1. These Regulations may be cited as the Marine (Certificates of Competency (Qualifications for Entry to Examinations) (Deck Officers)) Regulations, 1989.
Object
2. These Regulations prescribed the qualifications an applicant must posses and the other prerequisites that must be complied with before an applicant can be permitted by the Marine Board to enter for an examination for certain supplementary courses leading to a qualification for a grade of certificate of competency as a deck officer.
Regulations to be read as one
3. -(1) These Regulations are to be read as one with the Marine (Certificates of Competency and Manning of Vessels) (General) Regulations, 1989, and the other Regulations referred to in those Regulations.
(2) In particular words and phrases defined in the Marine (Certificates of Competency and Manning of Vessels) (General) Regulations, 1989 have the same meaning when used in these Regulations.
Qualifications and other prerequisites required for entry to examinations for certificates of competency as deck officer
4. Subject to regulation 9, the qualifications that a person must posses and the other prerequisites that must be complied with before the Marine Board can permit him to enter for an examination leading to a qualification for a grade of certificate of competency as a deck officer are those specified under that grade of certificate as set out in the Schedule.
Service in naval, fishing and other non-trading vessels
5. -(1) Subject to subregulations (3), (4) and (5), where a person has completed seagoing service in a non-trading vessel, that service shall be assessed by the Marine Board to determine whether, in the Board's opinion, that person has sufficient qualifying seagoing service to entitle him to enter for an examination leading to a qualification for a grade of certificate of competency as a deck officer.
(2) in carrying out an assessment under subregulation (1) the Marine Board shall have regard to the type of qualifying seagoing service required in respect of entitlement to be admitted to the relevant examination and the reason for that requirement.
(3) Where a person has completed seagoing service mainly in a naval vessel or a military vessel operated for defence purposes and has, in addition, served at least 12 months' seagoing service in a deck capacity in a trading vessel, his seagoing service in the naval or military vessel shall be deemed to be qualifying service for the purposes of his being admitted to an examination leading to a qualification for a Grade 2 (Mate), Grade 3 (Mate), Grade 4 (Mate) or a Grade 5 (Mate) certificate of competency.
(4) Where a person has completed seagoing service in a fishing vessel and has in addition, served at least 12 months' seagoing service in a deck capacity in a trading vessel, the marine Board may deem his seagoing service in the fishing vessel to be a qualifying service for the purpose of his being admitted to an examination leading to a qualification for a Grade 4 (Master), Grade 5 (Master), Grade 3 (Mate), Grade 4 (Mate) or a Grade 5 (Mate) certificate of competency.
(5) Subject to subregulation (6), a person's seagoing service in a trading vessel under 10 metres in length is not qualifying seagoing service for the purpose of being admitted to an examination leading to a qualification for a certificate of competency as a deck officer unless that service was served under the command of a master holding at least a Grade 5 (Master) certificate of competency.
(6) A person's seagoing service in a trading vessel under 10 metres in length is qualifying sea service for the purpose of being admitted to an examination leading to qualification for sailing licence.
(7) To enable the Marine Board to make an assessment under sub-regulation (1), (3) or (4) the applicant shall provide to the Board full details of his seagoing service, of the position he held and of the duties he performed.
Remission of qualifying seagoing service, etc.
6. -(1) Subject to sub-regulation (3), the Marine Board may, in certain cases, remit the period of qualifying seagoing service required by a person for the purposes of being entitled to be admitted to an examination leading to a qualification for a grade of certificate of competency as a deck officer where that person has completed an approved course at the School of Maritime Studies, Fiji Institute of Technology.
(2) Subject to sub-regulations (3) and (4), the remission which the Marine Board may allow under sub-regulation (1) in respect of a person applying to undertake an examination leading to a qualification for a grade of certificate of competency specified in column 1 of the following Table shall not exceed the period specified against that grade in column 2 of the Table.
TABLE
Grade | Maximum period of remission permitted |
Grade 1(Master) | 12 months Deck department watchkeeping service |
Grade 2 (Master) | 12 months Deck department watchkeeping service |
Grade 3 (Master) | 12 months Deck department watchkeeping service |
Grade 4 (Master) | 12 months Deck department watchkeeping service |
Grade 1 (Mate) | 6 months Deck department watchkeeping service |
Grade 2 (Mate) | 6 months Deck department watchkeeping service |
Grade 3 (Mate) | 12 months Deck department service |
Grade 4 (Mate) | 12 months Deck department service |
SCHEDULE 3
Reg. 4(1)
BOUNDARIES OF SHORT COASTING SERVICE AREAS
1. Viti Levu
The sea area bounded on the landward side by the main island and on the seaward side by the inside edge of-
(a) Suva Harbour outer reef to Nukulau Island to the Rewa River;
(b) Tomberua Passage to Moturiki, then the east and north coasts of Ovalau to Levuka;
(c) then north coast of Levuka along the 100 fathom contour to Nananu Passage to Manava Passage to Ba Passage;
(d) the reef from Ba Passage to Vomo Island, then a straight line to the northern most of the Mamanuca Islands, the Mamanuca Reefs, the Malolo Barrier Reef to Navula Reef Light, to Uverite Point;
(e) Serua Hr. to Beqa Reef to Navua River.
2. Vanua Levu
The sea area bounded on the landward side by the main land and on the seaward side by the inside edge of-
(a) the 100 fathom line of the Somosomo Strait and the Rabi Channel, the Taxas Reef then a straight line on a bearing of 260 True, to the main land;
(b) the reef from Udu Point to Sausau Passage, to Mali Passage, to Kia Island to Yagagaga Island, than within 1 mile of the main land to Bua Bay, then a straight line to Vuya Passage of the Namena Barrier Reef, then following the Namena Barrier Reef to Nasonisoni Passage to Nayavu Passage;
(c) Savusavu Bay.
3. Taveuni
The sea area bounded on the landward side by the Main Island and on the seaward side by the 100 fathom line from Vuna Reef Light to Black Point, then a line 1 mile from the reef to north end of Taveuni, then to the inside of the reef surrounding the Laucala Island only.
_______________________
Vanua Levu to Taveuni
A two mile wide sea area at the narrowest point of the Somosomo Straight between the two sea areas defined in 2 and 3 above.
Note 1: There is no Short Coasting Service area joining Viti Levu to Vanua Levu, Suva to Beqa, or Savusavu Eastwards to Somosomo.
Note 2: The short coasting service areas are shown, for the purposes of identification, hatched on the following plans-
(5) Where the training establishment in which a cadet did his shore based training is satisfied that the cadet-
(a) has satisfactorily completed the training programme referred to in sub-regulation (2);
(b) has passed the examination referred to in sub-regulation (4); and
(c) is of good conduct and character,
it shall issue the cadet with a certificate to be known as a Deck Cadet Certificate.
(6) Before a cadet starts the training programme referred to in sub-regulation (2) the Marine Board shall issue to him a document to be known as a Deck Cadet's Record Book which shall-
(a) include the assignments which the cadet is required to undertake during the training programme; and
(b) be completed by the cadet as a verifiable record of his service.
Special provision where sea service experience is subsequently found to be insufficient
8.-(1) Subject to sub-regulation (2), if, after a person has passed an examination leading to a qualification for a grade of certificate of competency as a deck officer but before that certificate is issued to him, it is found that his qualifying seagoing service was insufficient to entitle him to enter for that examination, the Marine Board shall not issue the certificate of competency to him.
(2) If, in the circumstances referred to in sub-regulation (1), it is proved to the satisfaction of the Marine Board that the error in the calculation of the person's qualifying seagoing service did not occur through any fault or wilful misrepresentation on his part the Marine Board shall issue him with the appropriate certificate of competency when he has made up the deficiency in his qualifying seagoing service.
Insufficient sea service
9. -(1) If a person's qualifying seagoing service for the purposes of being entitled to be admitted to an examination leading to a qualification for a grade of certificate of competency as a deck officer is deficient by a period not exceeding 3 months the Marine Board may permit him to enter for the examination if, in its opinion, this is justified in view of the infrequency of examination for that grade of certificate.
(2) Where a person passes an examination after being permitted to enter for it in the circumstances referred to in sub-regulation (1) the Marine Board shall not issue the certificate of competency appropriate to that examination to that person until he has made up the deficiency in his qualifying sea service.
Restriction on entry to certain supplementary courses
10. -(1) A person shall not be allowed to enter for the supplementary course entitled "3B SURVIVAL (FULL)" unless-
(a) he has attained the age of 17 ½ years; and
(b) he has had at least 9 months of approved seagoing service before attending the course.
(2) A person shall not be allowed to enter for the supplementary course entitled "RADAR SIMULATOR" unless-
(a) he has completed the "RADAR OBSERVER" course; and
(b) he has had at least 1 year's qualifying watchkeeping seagoing service.
(3) A person shall not be allowed to enter for the supplementary course entitled "SHIP CAPTAIN'S MEDICAL" unless he has completed the "FIRST AID" course within the period of 3 years immediately prior to his commencement of the Ship Captain's Medical course.
Dated this 3rd day of May 1989.
A.V.TORA
Minister for Communications, Works and Transport
SCHEDULE
QUALIFYING PRE-REQUISITES FOR ENTRY TO EXAMINATION FOR A GRADE OF CERTIFICATE OF COMPETENCY AS A DECK OFFICER
GRADE 1 (Master)
Minimum age -
None
Pre-requisite certificate -
Grade 1 (Mate)
Qualifying seagoing service -
The applicant must have completed at least -
(a) 36 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate); or
(b) 12 months seagoing service as Chief Mate and 12 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate),
and in either case, not less than 12 months of the seagoing service must have been performed outside the Fiji islands trade area
Grade 2 (Master)
Minimum age -
None
Pre-requisite certificate -
Grade 2 (Mate)
Qualifying seagoing service -
The applicant must have completed at least -
(a) 36 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate), or
(b) 12 months seagoing service as Chief Mate and 12 months seagoing ser-vice as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate),
and in either case, not less than.6 months of that seagoing service must have been performed outside the Fiji islands trade area.
Grade 3 (Master)
Minimum age -
None
Pre-requisite certificate -
Grade 3 (Mate)
Qualifying seagoing service -
The applicant must have completed at least -
(a) 36 months seagoing service in watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate): or
(b) 12 months seagoing service as Chief Mate and 12 months seagoing ser-vice as watchkeeping officer holding a certificate of competency not lower than grade 4 (Mate),
and in either case not less than h months of that seagoing service must have been performed outside the Fiji islands trade area.
Grade 4 (Master)
Minimum age -
None
Pre-requisite certificate -
Grade 4 (Mate)
Qualifying seagoing service -
The applicant must have completed at least -
(a) 36 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (mate); or
(b) 12 months seagoing service as Chief Mate and 12 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate).
Grade 5 (Master)
Minimum age -
20 years
Pre-requisite certificate-
Grade 5 (Mate)
Qualifying seagoing service -
The applicant must have completed at least 12 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 5 (Mate).
Grade 1 (Mate)
Minimum age -
None
Pre-requisite certificate -
Grade 3 (Mate)
Qualifying seagoing service -
The applicant must have completed at least 18 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate) with not less than 6 months of that service being performed outside the Fiji islands trade area.
Grade 2 (Mate)
Minimum age -
None
Pre-requisite certificate -
Grade 3 (Mate)
Qualifying seagoing service -
The applicant must have completed at least 18 months seagoing service as watchkeeping officer holding a certificate of competency not lower than Grade 4 (Mate) with no less than 3 months of that service being performed outside the Fiji islands trade area.
Grade 3 (Mate)
Minimum age -
18 years
Pre-requisite certificate -
None
Qualifying seagoing service -
The applicant must have completed at least 36 months approved seagoing service in a deck department including at least 6 months watchkeeping duties as lookout and helmsmen under the supervision of a qualified officer, with not less than 3 months of that service being performed outside the Fiji islands trade area.
Grade 4 (Mate)
Minimum age -
18 years
Pre-requisite certificate -
None
Qualifying seagoing service
The applicant must have completed at least 36 months approved seagoing service in a deck department including at least 6 months bridge watchkeeping duties as lookout and helmsmen under the supervision of a qualified officer.
Grade 5 (Mate)
Minimum age -
18 years
Pre-requisite certificate -
None
Qualifying seagoing service -
The applicant must have completed at least 36 months approved seagoing service in the deck department of vessels.
Sailing Licence (Harbour and River Craft)
Sailing Licence (Short Coasting Service)
Sailing Licence (Seagoing Service)
Minimum age -
20 years
Pre- requisite certificate -
None
Qualifying seagoing service -
The applicant must have completed at least 36 months approved seagoing service in the deck department of vessels with at least 12 months of that service being in the type of vessel for which the licence is sought.
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