Passenger Ships Act 1972

[18 May 1972]

[preamble and words of enactment omitted]

Interpretation

1 In this Act, unless the context otherwise requires—

"Minister" means the Minister for the time being responsible for tourism;

"passenger ship" means a ship engaged in carrying passengers to Bermuda from a place outside Bermuda or from a place in Bermuda to a place outside Bermuda, but does not include a ship whose primary function is the transportation of freight where the number of passengers carried does not exceed twelve;

"permit" means permit issued under section 3.

Passengers not to be put ashore without permit from Minister

2 No passenger ship may except in case of emergency—

(a) enter the waters of Bermuda for the purpose of putting ashore any passengers;

(b) put ashore any passengers,

unless the Minister's permit therefor has first been had and obtained and the entry, or putting ashore, as the case may be, is effected in ac cordance with such permit.

Minister may grant permit and impose conditions

3 (1) A permit for the purposes of section 2 shall be in such form as the Minister may determine and may be granted by the Minister upon application therefor upon payment of such fees as may be prescribed in respect thereof under the Government Fees Act 1965 [title 15 item 18].

(2) The Minister may in granting any permit impose such con ditions thereon as he thinks fit and, without derogation from the gener ality of the foregoing, such conditions may relate to—

(a) the periods when any ship may enter the waters of Bermuda or remain at any port or anchorage within Bermuda and the duration of any stay therein;

(b) the sale of goods and of alcoholic liquor while the ship is within the waters of Bermuda;

(3) If the applicant for the grant of a permit is aggrieved by a refusal of the Minister to grant it, or (where a permit is granted), is ag grieved by any condition or limitation specified in the permit, he may ap peal to the Governor:

Provided that the Governor may refuse to consider any such ap peal unless the grounds of the appeal are communicated to the Secretary to the Cabinet in writing within 30 days of the applicant having been no tified of the refusal or grant of that permit, as the case may be.

(4) If the Minister has reason to believe that an offence against this Act has been committed in respect of any ship belonging to any per son holding a permit (whether or not a prosecution has been brought in respect of such offence under section 5) he may by order in writing under his hand revoke such permit and, if he thinks fit, any other permit granted to such person whether granted in respect of such ship or any other ship:

Provided that in the event of any such revocation any person ag grieved by such revocation may, within fourteen days of notification thereof, appeal to the Governor.

(5) Where an appeal is made to the Governor under subsection (3) or (4) the Governor may give such directions in the matter as appear to him to be just and his decision in the matter shall be final and not subject to review in any court of law.

Saving for other Acts

4 Nothing in this Act shall derogate from the Marine Board Act 1962 [title 22 item 3], or any statutory instrument thereunder or from the Oil Pollution Act 1973 [title 22 item 7].

Criminal liability of master

5 If any passenger ship enters the waters of Bermuda or puts ashore any passengers in contravention of section 2 or, being a ship in respect of which a permit has been granted, does anything not autho rised by that permit or if any member of the crew of such ship does any act in contravention of the permit or any condition thereof, the master of the ship shall be deemed to be guilty of an offence against this Act:

Punishment on summary conviction: a fine of $1,000 or, in the case of a continuing offence, a fine of $1,000 in respect of each day during which the contravention occurs.

Repeal

6 [omitted]

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Bermuda Consolidated Legislation

Passenger Ships Act 1972