This Act, with the purpose of amending and consolidating the Law relating to merchant shipping on the territorial sea of Gibraltar, here sets the complete list of rules and provision (administrative, legal, environmental, technical) aimed at implementing international legislation principles and treaties as regards the activities part of the sea merchant shipping sector, including fishing vessel and their activities and needs. Several principles here adopted are aimed at preventing and limiting the harmful consequences to the marine environment and marine life. The adopted Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) is directly aimed at reducing the substandard shipping in the waters under the jurisdiction of Member States by increasing compliance with international and relevant Community legislation, with a particular regard to the maritime safety and protection of the marine environment. As granted by this Act, the Minister may make Regulations for all or any of the following purposes: prescribing the fees payable in respect of an inspection which results in the detention of a ship in accordance with any Regulations made under the Act; giving effect in Gibraltar to the law of the European Community or to any provision of a relevant International Agreement or Convention ratified by the United Kingdom and the application of which has been extended to Gibraltar, relating to any of the matters contained in or dealt with under this Act and this power shall include the power to provide for the provision to come into force although the law, Agreement or Convention, as the case may be, has not yet come into force; concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ships safety, pollution, prevention and shipboard living and working conditions (port State control); providing for a regime of regulation, supervision, offences and sanctions in relation to the carrying out of bunkering operations, or the causing of pollution of the seas, in Gibraltar; prescribing anything which under the Act may be prescribed; providing for such other matters as are reasonably necessary for or incidental to the due administration of this Act.
The text is divided into 225 Sections distributed under XIII main Parts. Titles of main Parts are here listed: Masters and seamen (I); Passenger ships (II); Wireless telegraphy on ships (III); Safety at sea (IV); Provisions relating to load lines (V); Implementation of Council Directive 95/21/EC (V/A); Special provisions relating to Part V (VI); special shipping inquiries and courts (VII); Wreck and salvage (VIII); Wreck removal convention (VIII/A); Pilotage (IX); Employment of aliens in British ships (X); Registration (X/A); Legal proceedings (XI); Supplemental (XII); MARPOL Convention (XIII).
Schedules 1-6 are also part of this text (Fees Payable; Annexes I to VII to Council Directive 95/21/EC as amended by Commission Directive 98/42/EC; Special Measurements for Passenger Ships plying not south of a line joining Europa Point and Carnero Point; Modifications; Alteration of penalties; International Convention on Salvage, 1989; Nairobi International Convention on The Removal of Wrecks, 2007).
This text involves the following EU Legislation/International Agreements: Nairobi International Convention on the Removal of Wrecks, 2007; several English source legal Acts such as Merchant Shipping Act 1894 (57 & 58 Vict. c.60); Merchant Shipping Act 1897 (60 & 61 Vict. c.59); Wireless Telegraphy Act 1904 (4 Edw.7 c.24); Merchant Shipping Act 1906 (6 Edw.7 c.48); Merchant Shipping (Seaman s Allotment) Act 1911 (1 & 2 Geo.5 c.8); Pilotage Act 1913 (2 & 3 Geo.5 c.31); Merchant Shipping (Wireless Telegraphy) Act 1919 (9 & 10 Geo.5 c.38); Merchant Shipping Acts Amendment Act 1923 (13 & 14 Geo.5 c.38); Merchant Shipping (International Labour Conventions) Act 1925 (15 & 16 Geo.5 c.42); Criminal Justice Act 1925 (15 & 16 Geo.5 c.86); Merchant Shipping (Line throwing Appliance) Act 1923 (18 & 19 Geo.5 c.40); Merchant Shipping (Safety and Load Line Conventions) Act 1932 (22 & 23 Geo.5 c.9); Milford Haven Conservancy Act 1958 (6 & 8 Eliz.2 c.23).