Merchant Shipping (Registration and Tonnage Fees) Act 1976

WHEREAS it is expedient to make provision in respect of fees for the registration of ships and in respect of the imposition of an annual tonnage fee on ships registered in Bermuda:

[Words of enactment omitted]

Citation and commencement

1 This Act may be cited as the Merchant Shipping and Demise Charter (Registration and Tonnage Fees) Act 1994 and shall come into operation on a day to be appointed by the Minister by notice published in the Gazette.

[See BR 39/1994 for commencement provisions]

Interpretation

2 In this Act unless the context otherwise requires—

"the demise charter register" means the register established and maintained by the Registrar pursuant to section 3 of the Merchant Shipping (Demise Charter) Act 1994 [title 31 item 24];

"the Minister" means the Minister charged with responsibility for merchant shipping;

"the principal Act" means the Merchant Shipping Act 1894 of the United Kingdom;

"the principal register" means the register kept by the Registrar pursuant to section 5 of the principal Act;

"the Registrar" means the Registrar of Shipping; and

"tons" means net registered tons.

Registration fee

3 (1) There shall be charged, levied and collected —

(a) on the initial registry of a ship in Bermuda or re-registry or on the issuance of a provisional certificate of registry of a ship entered on the principal register a fee at the rate specified in Part I of the Schedule; and

(b) on the initial registry of a ship entered on the demise charter register or renewal of registry a fee at the rate specified in Part II of the Schedule.

(2) The Registrar shall not register, re-register, or renew registry, as the case may be, unless the fee specified in respect thereof has been paid.

Tonnage fee

4 (1) Subject to subsection (3), there shall be charged, levied and collected on ships registered in Bermuda—

(a) on the principal register, an annual tonnage fee at the rate specified in Part I of the Schedule; and

(b) on the demise charter register, an annual tonnage fee at the rate specified in Part II of the Schedule.

(2) The tonnage fee shall be payable to the Registrar on or before 1 April in each year.

(3) Notwithstanding subsection (1), where a ship is registered after 1 April in any year the tonnage fee payable shall be, in respect of each month or part thereof, beginning with the date of registration and ending on 31 March of the next ensuing year, one-twelfth of the annual tonnage fee.

(4) Where—

(a) the tonnage fee has been paid in respect of a ship for any year; and

(b) it is shown to the satisfaction of the Minister that the ship has been laid up for a period exceeding three consecutive months in that year,

the Minister shall cause to be made to the owner of the ship, a refund of one-twelfth the annual tonnage fee in respect of each month during which the ship was so laid up.

(5) For the purposes of subsections (3) and (4), the expression "ship" does not include a yacht.

Recovery of tonnage fee

5 (1) Proceedings for the recovery as a civil debt due to the Crown of sums owing as tonnage fees may be instituted in the name of the Minister, in a court of summary jurisdiction by any person authorized in writing in that behalf by direction of the Minister and such person may, although not a barrister and attorney, conduct such proceedings.

(2) Unpaid tonnage fees shall constitute a maritime lien on the ship second only to liens for wages and salvage.

Power to amend Schedule by Order

6 (1) The Minister may, by Order amend the fees set out in the Schedule.

(2) The affirmative resolution procedure shall apply to an Order made under this section.

Amends Merchant Shipping (Demise Charter) Act 1994

7 The Merchant Shipping (Demise Charter) Act 1994 [title 31 item 24] is amended by repealing section 28.

Repeal

8 The Merchant Shipping (Registration and Tonnage) Fees Act 1976 is repealed.

SCHEDULE (sections 3 and 4)

PART I

Principal Register
Registration and Tonnage Fees

		Registration Fee	Annual Tonnage Fee
1 Ships, other than yachts, registered on the principal register	(a) in respect of one ship—
	not exceeding 10,000 tons	$0.95 per ton subject to a minimum fee of $5,000.00	$2,500.00
	exceeding 10,000 tons but not exceeding 50,000 tons	$9,500.00 plus an additional fee of $0.40 for each ton in excess of 10,000 tons subject to a maximum of $25,000.00	$2,500.00 plus an additional fee of $0.20 for each ton in excess of 10,000 tons
	exceeding 50,000 tons	maximum of $25,000.00	$10,500.00 plus an additional fee of $0.15 for each ton in excess of 50,000 tons
	(b) in respect of a second ship, being in the same ownership or management, registered at the time of registration of the first ship or within twelve months of such registration—
	not exceeding 10,000 tons	$0.65 per ton subject to a minimum fee of $5,000.00	$2,500.00
	exceeding 10,000 tons but not exceeding 50,000 tons	$6,500.00 plus an additional fee of $0.25 for each ton in excess of 10,000 tons subject to a maximum of $25,000.00	$2,500.00 plus an additional fee of $0.20 for each ton in excess of 10,000 tons
	exceeding 50,000 tons	maximum of $25,000.00	$10,500.00 plus an additional fee of $0.15 for each ton in excess of 50,000 tons
	(c) in respect of a third or subsequent ship being in the same ownership or management, registered at the time of registration of the first ship or within a period of twelve months of such registration—
	not exceeding 10,000 tons	Nil	$2,500.00
	exceeding 10,000 and not exceeding 50,000 tons	Nil	$2,500.00 plus an additional fee of $0.20 for each ton in excess of 10,000 tons
	exceeding 50,000 tons	Nil	$10,500.00 plus an additional fee of $0.15 for each ton in excess of 50,000 tons
2 Yachts	(a) if owned by a body corporate—
	not exceeding 15 tons	$750.00	$500.00
	exceeding 15 tons but not exceeding 100 tons	$1,500.00	$1,250.00
	exceeding 100 tons	$3,000.00	$2,500.00
	(b) if owned by a person other than a body corporate—
	not exceeding 15 tons	$150.00	Nil
	exceeding 15 tons	$300.00	Nil
	(c) if owned by a person other than a body corporate—
	not exceeding 15 tons	$150.00	Nil
	exceeding 15 tons	$300.00	Nil

PART II

Demise Charter Register
Registration and Tonnage Fees

Ships—
Initial registration or renewal or registration other than yachts, registered on the Demise Charter Register.	$0.30 per ton subject to a minimum of $2,500.00 and a maximum fee of $15,000.00	$0.15 per ton subject to a minimum fee of $2,500.00 and a maximum fee of $10,000.00
Yachts—
Initial registration or renewal of registration	$2,500.00	$2,500.00
For any of the following matters, that is to say—
1 For inspection of the demise charter register (per vessel)	$30.00
2 For furnishing a certified transcript of register (per vessel)	$50.00
3 Certified copy of any declaration or document to be produced in evidence under the Merchant Shipping Acts	$50.00
4 For change of ship's name	$200.00
5 For requesting a search for document	$50.00
6 Where application for registration is withdrawn	$100.00 for dealing with the application

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Bermuda Consolidated Legislation

Merchant Shipping (Registration and Tonnage Fees) Act 1976