Section 36Part 3 — CONTROL OF VESSELS AND GOODS
Clearance of coasting ship and transire
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Before a coasting ship departs from a port the master of the coasting ship shall deliver to the relevant officer an account in such form and manner and containing such particulars as the proper officer may direct; and that account when signed by the relevant officer shall be the transire, that is to say, the clearance of the ship from that port and the pass for any goods to which the account relates.
If a coasting ship departs from a port without a correct account having been delivered, except as permitted by the relevant officer or under and in compliance with any conditions imposed on the grant of a general transire, the master commits an offence.
The relevant officer may examine any goods carried or to be carried in a coasting ship —
at any time while they are on board the ship; or
at any place in the Islands to which the goods have been brought for shipment in, or at which they have been unloaded from, the ship.
For the purpose of examining any goods under subsection (1), the relevant officer may require any container to be opened or unpacked, and any such opening or unpacking and any repacking shall be done by or at the expense of the proprietor of the goods.
The relevant officer may —
board and search a coasting ship at any time during its voyage; and
at any time, require any document which should properly be on board a coasting ship to be produced or brought to that person for examination, and if the master of the ship fails to produce or bring any such document to the proper officer, when required, that person commits an offence.
The Director may impose conditions as to the carriage of goods coastwise —
regulating the loading and unloading and the making waterborne for loading of the goods; and
requiring the keeping and production by the master of a coasting ship of such record of the cargo carried in that ship as may be considered necessary by Customs and Border Control.
A person who contravenes or fails to comply with any condition made under subsection (6) commits an offence and the goods, in respect of which the offence was committed, are liable to forfeiture.
If, in the case of any coasting ship —
any goods are taken on board or removed therefrom at sea or at any place outside the Islands;
except for some unavoidable cause, the ship touches at any place outside the Islands or deviates from the ship's voyage; or
the ship touches at any place outside the Islands and the master does not report that fact in writing to the proper officer at the first port within the jurisdiction at which the ship arrives thereafter, the master commits an offence.
Any goods which are shipped and carried coastwise, or which, having been carried coastwise, are unloaded in any place in the Islands other than in accordance with subsections (1) to (8) or of any condition imposed under subsection (6), or are brought to any place for the purpose of being so shipped and carried coastwise, are liable to forfeiture.
If any goods —
are carried coastwise or shipped as stores in a coasting ship contrary to any prohibition or restriction for the time being in force with respect thereto under or by virtue of any law; or
are brought to any place in the Islands for the purpose of being so carried or shipped, then those goods are liable to forfeiture and the shipper or intending shipper of the goods commits an offence.
Defined Terms
coasting shiptransireclearancecoastwisegeneral transire