QUESTION NO 190
Mr P D Mbhele (Cope) asked the Minister of Transport:
Whether his department has identified specific areas of concern in the transport sector (details furnished) for which new legislation (a) are being developed and (b) would need to be developed; if not, what is the position in this regard; if so, what are the relevant details?
The Minister of Transport:
The Department of Transport has identified the following legislation, which addresses specific areas of concern. The legislation is also captured in the Department‘s legislative programme for introduction during the Parliamentary year 2011/12. Listed below is the list of legislation that has been developed and which briefly outline their area of focus, the purpose or the object thereof and the specific area of concern. Some of the legislation is in a development stage and others are ready for introduction in Parliament.
MERCHANT SHIPPING (CIVIL LIABILITY CONVENTION) BILL
The purpose of this Bill is to enact the International Maritime Organization Protocol of 1992; to amend the International Convention on Civil Liability for Oil Pollution Damage of 29 November 1969 into law; and to provide for matters connected therewith. The Bill creates the legal liability of the ship owner in the event of oil pollution in the sea. The Bill was published for public comment and was subsequently referred to the office of the State Law Advisers for scrutiny and my Department envisages introducing it in Parliament during the course of 2011.
MERCHANT SHIPPING (INTERNATIONAL OIL POLLUTION COMPENSATION FUND) (CONTRIBUTIONS) BILL
The purpose of the Bill is to impose contributions on persons contemplated in Article 10 of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992; and to provide for matters connected therewith. The contributions by the ship owner will be used to pay for damages caused by the oil spillage and also when the ship owner cannot satisfy the damages caused. The contribution will be used to pay the cleaning of the oil spill.
The Bill was published for public comment and was subsequently referred to the office of the State Law Adviser for scrutiny. Since this is a money bill, the National Treasury, through the Minister of Finance, will have to introduce the Bill on behalf of my Department. It is expected that the Bill will be introduced in Parliament during the course of this financial year for debate.
MERCHANT SHIPPING (INTERNATIONAL OIL POLLUTION COMPENSATION FUND) BILL
The purpose of this Bill is to enact the International Maritime Organization Protocol of 1992; and to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 18 December 1971 into law. The Bill was published for public comment and was subsequently referred to the office of the State Law Adviser for scrutiny. The Bill will also be introduced in Parliament during the course of this financial year for debate.
SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE AMENDMENT BILL
To incorporate the International Maritime Search and Rescue, 1979; and to give effect to the structural changes introduced to the South African Aeronautical Search and Rescue Organization. The purpose of this Bill is to harmonize the working relationship of committees as required by the organization, to align certain sections of the principal Act and to make way for the Act to comply with the current developments.
MARITIME TRANSPORT SECURITY BILL
The Bill proposes to repeal and replace the existing Merchant Shipping (Maritime Security) Regulations, 2004, made under the Merchant Shipping Act, 1951. The Bill’s main purpose is to safeguard against unlawful interference with maritime transport. It seeks to achieve this purpose by continuing the risk-based and outcome focused approach, first adopted in the 2004 regulations, of a regulatory scheme centred on the development of security plans for ships, ports, offshore facilities and other maritime transport operations.
MERCHANT SHIPPING AMENDMENT BILL
The Bill’s main object is to revise the limitation of liability provision, to modernize the law relating to ship owner’s limitation by introducing a provision that is consistent with the provision of the 1976 Convention on Limitation of Liability for maritime claims and its 1996 Protocol. Furthermore, it aims to introduce compulsory accident insurance for seafarers who suffered death or personal injury as a result of workplace accidents and to give effect to the International Maritime Labour Convention. Once the Convention is ratified by the Department of Labour, the Bill will then be introduced as it gives effect to the Convention.
TRANSPORT LAW ENFORCEMENT AND RELATED MATTERS AMENDMENT BILL
To improve and facilitate law enforcement measures for collections of tolls, to include offences relating to the non-payment of toll in the Adjudication of Road Traffic Offences Act (AARTO), 1998 (Act No 46 of 1998), system. The development of the Bill is finalized and will be introduced in Parliament during the course of this year.
NATIONAL ROAD TRAFFIC AMENDMENT BILL
To address issues relating to the fitness of the drivers, to address registrations and grading of the License Testing Centres and to deal with matters connected therewith.
MERCHANT SHIPPING (SAFE CONTAINERS CONVENTION) BILL
The purpose of the Bill is to give effect to the International Convention for Safe Containers and for related matters. The Bill will maintain a high level of safety of human life in the transport and handling of containers by providing generally acceptable test procedure and related strength requirements. The Bill will facilitate transport of containers by providing uniform internal safety regulations, equally applicable to all modes of surface transport. The Bill is presently being finalized by the Portfolio Committee on Transport (National Assembly) for debate in Parliament.
SOUTH AFRICAN MARITIME SAFETY AUTHORITY AMENDMENT BILL
This Bill amends the South African Maritime Safety Authority Act, 1998 (Act No5 of 1998). The Bill’s purpose, generally, is to improve the functioning of the South African Maritime Safety Authority and to harmonise the provisions of the principal Act with those of the current legislative development.