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Ghana
Maritime Security(Amendment)
Act, 2011 Act
824
ARRANGEMENT OF SECTIONS
Section
1.
Section 1 of Act 675 amended
2.
Section 3 of Act 675 amended
3.
Section 13 of Act 675 amended
4.
Section 23 of Act 675
amended
5. Section 39 of Act 675
amended
6.
Section 42 of Act 675 amended
7.
Section 69A inserted
8.
Sections 71A, 71B, 71C and 71D
inserted
9.
Section 72 of Act 675 amended
10.
Section 74 of Act 675 amended
11.
Act 675 amended
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
GHANA MARITIME SECURITY
(AMENDMENT) ACT, 2011
AN ACT to amend the Ghana
Maritime Security Act, 2004 (Act
675) to
extend the application of the
Ghana Maritime Security Act,
2004
(Act 675) to cover other marine
installations operating within
Ghana's maritime
jurisdiction and to provide for
related matters.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President:
Section 1 of Act 675 amended
I. Section 1 of the Ghana
Maritime Security Act, 2004 (Act
675)
referred to as the principal
enactment is amended
(a)
by the substitution for
paragraph (b) of
subsection (1) of
"(b) mobile offshore drilling
units that are located within
Ghana's maritime
jurisdiction";
(b) by the substitution for
paragraph (d) of
subsection (1) of"(d) port
facilities within Ghana's
maritime jurisdiction that serve
a ship specified under
paragraphs (a) and (b)";
and
(c)
by the insertion of a new
paragraph (e) "(e) other
offshore marine installations
designated by the Minister by
publication in the Gazette."
Section 3 of Act 675 amended
2. Section 3 of the principal
enactment is amended by the
substitution
for subparagraph (iii) of
paragraph (c) of "(iii)
ships that conduct ship-to-ship
activities within Ghana's
maritime jurisdiction".
Section 13 of Act 675 amended
3. Section 13 of the principal
enactment is amended by the
substitution
for"territorial limits of Ghana"
of "Ghana's maritime
jurisdiction".
Section 23 of Act 675 amended
4. Section 23 of the principal
enactment is amended
(a)
in subsection (10) (a) by
the substitution for "Ghanaian
waters" of
"Ghana's maritime jurisdiction";
(b)
in subsection (10) (b) by
the substitution for "Ghanaian
waters" of
"Ghana's maritime
jurisdiction;".
Section 39 of Act 675 amended
5. Section 39 of the principal
enactment is amended by the
substitution
for paragraph (a) of
subsection (5) of
"(a) the Director-General may
require the ship to proceed to a
specified location within the
territorial sea or Ghana's
maritime jurisdiction".
Section 42 of Act 675 amended
6. Section 42 of the principal
enactment is amended by the
substitution
for paragraph (19 of subsection
(2) of"(19 require the ship to
proceed to a specified location
within
the territorial sea or Ghana's
maritime jurisdiction;".
Section 69A inserted
7. The principal enactment is
amended by the insertion after
section
69 of "69A Inspection and audits
For the purposes of an
inspection or audit carried out
in respect
of any person under this Act,
the Authority may, in writing
(a)
require from that person the
information that theAuthority
considers relevant for the
inspection oraudit, and
(b)
require that person to
demonstrate to the Authority
(i)
the familiarity of the master or
crew with
essential shipboard procedures
for the security of the
ship, and
(ii)
that any operational,
maintenance, or servicing
procedure in respect of the
security of the ship
is capable of being carried out
in a competent and timely
manner."
Sections 71A, 71B, 71C and 71D
inserted
8. The principal enactment is
amended by the insertion after
section
71 of
1171A
Automatic identification system
(1)
The owner of a Ghanaian ship
shall ensure that an automatic
identification system is fitted
on board the ship in accordance
with the requirements of
regulation 19 of Chapter V of
the Convention.
(2)
The master of a Ghanaian ship
shall ensure that an automatic
identification system is in
operation at all times.
(3)
Despite subsection (2), the
master of a Ghanaian ship is
not in contravention of
subsection (2) if the failure to
comply is due to reasons
beyond the master's control.
(4)
A person that fails to comply
with this section commits an
offence and is liable on summary
conviction
(a)
in the case of an individual, to
a fine of not less
than five hundred penalty units
and not more than
five thousand penalty units or
to a term of imprisonment
not exceeding five years or to
both; or
(b)
in the case of a body corporate
to a fine of five thousand
penalty units.
71B Ship identification
number
(I) The owner of a Ghanaian ship
shall ensure that the ship
is permanently marked with the
ship's identification number in
accordance with regulation 3 of
Chapter XI-1 of the Convention.
(2) A person that fails to
comply with this section commits
an offence and is liable on
summary conviction
(a)
in the case of an individual, to
a fine of not less
than five hundred penalty units
and not more than
five thousand penalty units or
to a term of imprisonment
of not more than five years or
to both; or
(b)
in the case of a body corporate,
to a fine of five thousand
penalty units.
71C Continuous synopsis record
(1)
The owner of a Ghanaian ship
shall ensure that the ship
carries a continuous synopsis
record in accordance with
regulation 5 of Chapter XI-1 of
the Convention.
(2)
The master of a Ghanaian ship
shall ensure that the continuous
synopsis record is maintained in
accordance with regulation 5 of
Chapter XI-1 of the Convention.
(3)
A person that fails to comply
with this section commits
an offence and is liable on
summary conviction
(a)
in the case of an individual, to
a fine of not less
than five hundred penalty units
and not more than
five thousand penalty units or
to a term of imprisonment
of not more than five years or
to both; or
(1) in the case of a body
corporate, to a fine of five
thousand penalty units.
71D Ship security alert system
(1)
The owner of a Ghanaian ship
shall ensure that the ship is
fitted with a ship security
alert system in accordance with
regulation 6 of Chapter XI-2 of
the Convention.
(2)
A person that fails to comply
with this section commits an
offence and is liable on summary
conviction
(a)
in the case of an individual, to
a fine of not less
than five hundred penalty units
and not more than
five thousand penalty units or
to a term of imprisonment
of not more than five years or
to both; or
(b)
in the case of a body corporate,
to a fine of five thousand
penalty units."
Section 72 of Act 675 amended
9. Section 72 of the principal
enactment is amended
(a)
in subsection (2) by the
insertion after paragraph (i) of
"0) the security of fixed and
mobile offshore drilling
units and other marine
installations within Ghana's
maritime jurisdiction"; and
(4) by the insertion after
subsection (2) of
"(3) A person who commits an
offence under the
Regulations
is liable on summary
conviction to
(a) a fine of not more than
five thousand penalty units
or a term of imprisonment of
not more than five years or
to both in respect of an
individual ; or
(1') a fine of not less than
ten thousand penalty
units and not more than
fifteen thousand penalty
units in the case of a body
corporate".
Section 74 of Act 675
amended
10. Section 74 of the
principal enactment is
amended by (a) the insertion
of the definition of
"continental shelf" means
the sea bed and subsoil of
the submarine areas that
extend beyond the
territorial sea throughout
the natural prolongation of
its land territory to a
distance of two hundred
nautical miles from the
baselines from which the
breadth of the territorial
sea is measured";
after "company security
officer" (1') the insertion
of the definition of
"exclusive economic zone"
means the area beyond and
adjacent to the territorial
sea which does not extend
beyond two hundred nautical
miles from the baselines
from which the breadth of
the territorial sea is
measured";
after "Director-General";
(c) the insertion of the
definition of
"Ghana's maritime
jurisdiction" means the
jurisdiction
exercisable by Ghana as a
coastal state under
international law and in
accordance with the
jurisdiction specified in
the Maritime Zones
(Delimitation) Act, 1986 (P.N.D.C.L.
159) in the various maritime
zones";
after "Ghanaian ship";
(d)
the insertion of the definition
ofmarine
installation" means any
artificial structure
that is not a ship used or
intended to be used in or
on or anchored or attached to
the seabed for the
purpose of the exploration for
petroleum or the ex‑
ploitation or associated
processing of petroleum;"
after "International
Safety Management Code;"
(e)
the insertion of the definitions
of
(i)
"port facility within Ghana's
maritime jurisdiction"
includes, an installation and
maritime terminal located in an
area within Ghana's maritime
jurisdiction;" and
(ii)
"port within the country"
includes a port facility,
installation, maritime terminal
located in an area within
Ghana's maritime jurisdiction;"
after "port facility security
plan";
69 the insertion of the
definition of
"ship" includes a mobile
offshore drilling unit and
each description of a vessel
used in navigation however
propelled and other water craft
propelled by oars, other than a
canoe";
after "ship-port interface"; and
(g) the deletion of the
definition of "territorial
limits of the Republic of
Ghana".
Act 675 amended
11. The principal enactment is
amended
(a)
by the substitution for "port
facility or group of port
facilities within the
territorial limits of Ghana" of
"port facility or group of.
port facilities within Ghana's
maritime
jurisdiction" wherever "port
facility or group of "port
facilities of Ghana
appears; and
(4) by the addition of' "and
within Ghana's maritime
jurisdiction"
after "the country" wherever
"the country" appears.
(c)
by the addition of "and within
Ghana's maritime jurisdiction"
after "the country" wherever
"the country" appears.
Ghana Maritime
Security
Act
(Amendment) Act, 2011
I
MEMORANDUM
The object of
the Bill is to extend the
application of the Ghana
Maritime Security Act, 2004 (Act 675) to cover fixed and mobile offshore
drilling units and other
marine installations in an area
within Ghana's
maritime jurisdiction. This
application is consistent with
Ghana's jurisdiction as a
coastal State under the United
Nations Convention on the Law of
the Sea 1982.
The Ghana
Maritime Security Act, 2004 (Act
675) was enacted to provide the
legal framework required to
enhance maritime safety and
security required for the
Republic's compliance with
Chapter XI-2 of the
International Convention for the
Safety of Life at Sea, 1974 (SOLAS)
as amended which the Republic of
Ghana has ratified and
specifically with the
International Ship and Port
Facility Code (ISPS). The
requirements
of SOLAS Chapter XI-2 apply to
passenger ships, cargo ships of
500 gross tonnage and
above, including high speed
craft, mobile offshore
drilling units and port
facilities serving the
aforementioned ships engaged
on international voyages.
In the light of the recent
discovery of oil in
commercial quantities off the
coast of Ghana and other
developments in
the marine environment like the
presence of the West African Gas
Pipeline, floating storage units
and other marine installations,
it has become imperative
that the scope of application of
Act 675 be extended to
installations that are within
the maritime jurisdiction of the
Republic but beyond the
Territorial sea.
The amendment
in
clause 1, extends the application of the Act to cover
mobile
offshore drilling units and
other offshore marine
installations.
4 Another amendment effected under
clause 1 is in
respect of deletion of
the
expression "Ghanaian waters" and
its replacement with the
expression "Ghana's maritime
jurisdiction". The latter
expression is defined in
• clause
10 to mean the internal waters,
territorial sea, exclusive
economic
zone and continental shelf. The expression "Ghana's maritime
jurisdiction" provides a broader
definition than that of
"Ghanaian
waters". By
definition, in the Ghana
Shipping Act, 2003 (Act 645),
"Ghanaian waters" is restricted
to mean the internal waters
including inland waters and the
territorial seas of Ghana.The
import of this amendment is to
provide for an expansive area of
operation pertinent to
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