s.40Vessels
40
Section 40Part 7 — GENERAL

Vessels

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Every vessel, other than one owned or operated by the government of another country while engaged in governmental non-commercial service or which is otherwise exempt under international law, shall comply with the provisions of this Law while in Cayman waters.
Without prejudice to subsection (1) and subject to subsection (3), this Law applies to —
all vessels belonging to the Government; and
all privately owned vessels registered in the Islands under the Merchant Shipping Law (2011 Revision).
The Cabinet, after consultation with the Council, by order, may exempt a non-commercial vessel belonging to the Government from the application of any provision of this Law upon a finding based upon substantial evidence that compliance by the vessel is not reasonable for the time being, and shall include in the order a date on which a review of the determination of the exemption shall be made.
All vessels to which this Law applies shall comply with its provisions at all times while in the waters of the Wider Caribbean Region and, while in the waters under the jurisdiction of any country that is a party to SPAW, shall comply with the written laws of that country as are consistent with international law relating to the protection of the marine environment and the conservation of marine resources.
Subject to subsection (6), on a request from a country which is a party to SPAW for any investigation as to whether a vessel to which this Law applies may have violated any of that country's laws referred to in subsection (4), the Director shall cause the matter to be investigated.
An investigation may be undertaken under subsection (5) only after the country requesting the investigation has furnished sufficient evidence to satisfy the Director that a violation has occurred.
Upon completion of an investigation, the Director shall inform the country requesting the investigation of the action taken or proposed.

Defined Terms

Cayman watersSPAWWider Caribbean Region

Cross References