Merchant Shipping (Fees) Order, 2010

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th December, 2010.

I, NOEL DEMPSEY, Minister for Transport in exercise of the powers conferred on me by section 210 of the Merchant Shipping Act 1894, section 5 of the Merchant Shipping (Amendment) Act 1939 (No. 12 of 1939), section 5 (as extended by section 3 (4) of the Merchant Shipping Act 1966 (No. 20 of 1966)) of the Merchant Shipping (Safety Convention) Act 1952 (No. 29 of 1952), section 4 of the Mercantile Marine Act 1955 (No. 29 of 1955), section 43 of the Merchant Shipping (Salvage and Wreck) Act 1993 (No. 34 of 1993) and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 ( S.I. No. 842 of 2005 ), with the consent of the Minister for Finance, hereby order as follows:

1. (1) This Order may be cited as the Merchant Shipping (Fees) Order 2010

(2) This Order comes into operation on 15 December 2010.

2. In this Order—

“all sea areas” means any area including Sea Area A1 and Sea Area A2;

“classed ship” means a ship designed, constructed and maintained in compliance with the structural, mechanical and electrical requirements of a classification society which is recognised by the Minister in accordance with regulation XI-1/1 of the International Convention for the Safety of Life at Sea (SOLAS) 1974;

“cargo ship” means a mechanically propelled ship, which is not a passenger ship, troop ship or fishing vessel;

“Certifying Authority” means the Minister or any person authorised by the Minister for the purpose of the Mercantile Marine (Tonnage) Regulations 2007 ( S.I. No. 369 of 2007 );

“crew spaces” means crew accommodation within the meaning of the Merchant Shipping (Crew Accommodation on Board Ship) Regulations 1951 ( S.I. No. 95 of 1951 );

“Fees Regulations” means the Merchant Shipping (Fees) Regulations 2010;

“foreign ship” means a ship that is not an Irish ship;

“GT” means gross tonnage in accordance with regulation 7 of the Tonnage Regulations;

“International Tonnage Certificate (1969)” means a certificate issued under the provisions of the International Convention on Tonnage Measurement of Ships (1969);

“Irish tonnage certificate” means a certificate issued to the owner of a ship registered in the State the tonnage of which has been ascertained in accordance with the Tonnage Regulations;

“recreational craft” means any boat of any type intended for sports or leisure purposes;

“Sea Area A1” means an area within the radiotelephone coverage of at least one Very High Frequency (VHF) coast station in which continuous Digital Selective Calling (DSC) alerting is available;

“Sea Area A2” means an area, excluding Sea Area A1, within the radiotelephone coverage of at least one Medium Frequency (MF) coast station in which continuous DSC alerting is available, as may be defined in a Marine Notice;

“sister ship” means a ship which corresponds in all major respects relevant to the measurement for tonnage with a ship the tonnage of which has been previously ascertained under the Tonnage Regulations, and for which the calculation for tonnage is available to the Certifying Authority to which, prior to the commencement of its measurement for tonnage, application has been made in writing by or on behalf of the owner of the ship requesting it to be treated as a sister ship;

“Superintendent” means a superintendent of a Mercantile Marine Office or a duly appointed deputy;

“surveyor of ships” means a person appointed under section 724 of the Merchant Shipping Act 1894 to be a surveyor of ships for the purposes of that Act;

“Tonnage Regulations” mean the Mercantile Marine (Tonnage) Regulations 2007 ( S.I. No. 369 of 2007 ).

3. (1) The fees specified in Part 1 of Schedule 1 shall be payable in respect of surveys required to be carried out for the purposes of cargo ship safety construction certification.

(2) The fees specified in Part 2 of Schedule 1 shall be payable in respect of surveys required to be carried out for the purposes of cargo ship radio certification.

(3)(a) The fees specified in Part 3 of Schedule 1 shall be payable in respect of surveys required to be carried out for the purposes of cargo ship safety equipment certification.

(b) The fee payable for a copy of a Cargo Ship Safety Equipment Certificate is €36.

4. (1) For the purposes of an inspection of crew accommodation by a surveyor of ships the fee payable, subject to paragraph (2), shall be €330 in respect of each visit made to the ship by the surveyor.

(2) The maximum fee that is payable under paragraph (1), irrespective of the number of visits, shall be €660.

5. (1) The fees specified in Schedule 2 shall be payable in respect of the tonnage measurement in accordance with the tonnage regulations in respect of ships referred to in that Schedule.

(2) The fee payable for a copy of an Irish Tonnage Certificate or an International Tonnage Certificate (1969) is €36.

6. (1) Schedule 3 applies in respect of the calculation of overtime fees.

(2) A fee in respect of overtime is payable in addition to any other fee prescribed under this Order or under the Fees Regulations.

7. (1) Where a survey in respect of which a fee is prescribed under this Order or under the Fees Regulations 2010 is carried out in the State or Northern Ireland, an additional amount in respect of travel expenses or subsistence shall not be payable except—

(a) where a surveyor is called to survey or inspection by the owner of a vessel and the surveyor is prepared to carry out such survey or inspection but is prevented from doing so by circumstances which it was within the power of the owner, his or her servants or agents to prevent, or

(b) where a surveyor is called upon to carry out a partial survey away from a normal survey centre for the purpose of a short-term certificate,

and in such event the amount payable for travel expenses and subsistence shall be calculated at the rate for the time being in force in respect of such surveyor.

(2) Where the survey is carried out outside the State or Northern Ireland the relevant survey fee prescribed under this Order or the Fees Regulations shall be payable together with a fee equivalent in amount to the surveyor’s travelling and subsistence expenses.

8. The fees specified in Schedule 4 shall be payable in respect of services provided by mercantile marine offices.

9. In respect of the matters mentioned in Parts 1 and 2 of Schedule 5, there shall be payable to the Registrar of Ships concerned the fees specified in that Schedule.

10. In respect of the matters mentioned in Schedule 6, there shall be payable to the Receiver of Wreck concerned the fees specified in that Schedule.

11. Unless otherwise provided, the fees and expenses specified in this Order shall in every case be paid to the Superintendent of the Mercantile Marine Office concerned and an official receipt shall be issued by that Office in respect of the payment concerned.

12. The Merchant Shipping (Fees) Order 1998 ( S.I. No. 475 of 1998 ) is revoked.

Article 3

SCHEDULE 1

Surveys of cargo ships

Part 1

Fees payable for Cargo Ship safety construction certification

1. Initial, renewal and intermediate survey of a cargo ship:

GT of ship (1) Fee for survey before issue...