SMSA launches two-month consultative meetings on two maritime regulations   |07 August 2023

Saturday’s meeting in progress

    Urges partners to share their valuable inputs

The Ministry of Transport, in collaboration with the Seychelles Maritime Safety Authority (SMSA), is re-engaging with stakeholders in the maritime sector to get their input on two maritime laws expected to come into force next year.

A series of consultative meetings are scheduled from August to September to get stakeholders’ contributions towards the new Seychelles Maritime Safety Authority (Identification of Small Vessels) Regulation and the Seychelles Maritime Safety Authority (Control of Vessels) Regulation.

The first meeting took place on Saturday at the Docklands auditorium and participants including, captains and skippers, maritime surveyors, and boat and yacht charter companies, were able to get an in depth view of the two regulations which according to the SMSA’s chief executive, Captain Joachim Valmont, will render the sea safer.

“SMSA has the mandate to register, identify, survey and inspect all vessels within the Seychelles waters, among other functions, to ensure that all vessels are safe and secure to operate in a lawful manner,” he said.

It should be noted that the new Seychelles Maritime Safety Authority (Identification of Small Vessels) Regulation replaces the one that was repealed in March this year, a month after coming into force following its enactment in January, 2023.

It covers private vessels, including jet skis, measuring up to 10 metres and sets out the requirements that must be fulfilled in order to identify those vessels.

According to Captain Valmont, this will also ensure that the Authority has a database on all vessels operating within the Seychelles waters, and these will cover ownership, seamanship and the vessels’ seaworthiness.

One of the main issues of contention for the repeal of the Identification of Small Vessels Regulation earlier this year, was a mandatory requirement for all small vessels to be insured through a full comprehensive or third-party coverage.

Captain Valmont said that for the past four months, SMSA had gone back to the partners, including the Seychelles Insurance Association (SIA), for further discussions, and it was now presenting two proposals for the insurance part.

“After extensive negotiations between the government and SIA, were are proposing two options of third-party liability insurance namely one with a liability limit of R300,000 on anyone accident and in the total aggregate and another package including passengers with a liability limit of R300,000 on any one accident and in the total aggregate,” he explained.

SIA will also be present at all the consultative meetings, so the operators could get a more detailed explanation and do their own negotiations for their insurance package.

“All the vessels will have to be insured so this process will be done,” added Mr Valmont.

To note, the two proposed options do not cover the loss or damage to the insured vessel, engine or their accessories but only the third-party liability arising out of the use of the vessels.

Two other issues that led to the repeal of the Identification of Small Vessels Regulation were the cost associated with the surveying of small vessels and attestation of the required Declaration of Ownership.

SMSA said proof of seaworthiness of small vessels and valid Certificates of Competency and Proficiency is still paramount to the process of identification, so it will now facilitate a two in one survey that will evaluate seaworthiness and allow for the identification of small vessels.

With regard to the second regulation – Seychelles Maritime Safety Authority (Control of Vessels) Regulation – it was drafted to provide for a legal framework to regulate water crafts, beach crafts, waterparks, hire crafts and parasailing activities among others. It covers the issuance of Certificates of Competency and Proficiency as well as the mandatory requirement to have an insurance coverage.

It replaces the current provisions within the Beach Control Act, 1971 and its subsidiary regulations and the Control of Hire Craft Act, 1973, and its subsidiary regulations.

The two-month public consultation is aimed at ensuring maximum sensitisation and participation and SMSA is encouraging all partners on Mahé, Praslin and La Digue, to attend the meetings and share their valuable views needed to complete the exercise.

If everything goes according to plan, SMSA said the two regulations are expected to come into force early next year.

Patsy Canaya

Photos by Joena Meme