Organization : Ministry of Transport
Facility : Maritime Legislation
Country : Cook Islands
Website : https://www.transport.gov.ck/legislation/maritime/
What is Maritime Legislation?
The Cook Islands works under a modern suite of regulatory instruments that reflect the values of the Cook Islanders as custodians of our islands and oceans and as stewards of our culture and heritage. The Ministry of Transport works under specific acts, regulations and rules related to each of the core areas of operation: maritime; aviation; meteorology; liquor licensing and licensing of public transport such as taxis, busses and tourism transport services.
Related / Similar Facility : Cook Islands Liquor Licence
Types of Maritime Legislation
Domestic Maritime Legislation
Regional:
The Cook Islands is active within the Pacific Community (SPC) and also participates in other regional initiatives such as the Asia Pacific Heads of Maritime Safety Agencies (APHOMSA)
National:
The Cook Islands has a modern suite of Maritime Legislation which is comprised of primary legislation (Acts) and subordinate legislation (Regulations and Rules). Key documents are provided here.
Please note that the Pacific Islands Legal Information Institute (PacLII) also provides links to legislation for Pacific Island states. The PacLII website notes that users of the site should be aware the PacLII databases may not be complete.
Acts:
There are a number of major pieces of legislation that are related to the administration of maritime matters:
** Ports Authority Act 1994-95
** Prevention of Marine Pollution Act 1998
** Admiralty Act 2004
** Ship Registration Act 2007
** Maritime Transport Act 2008
Maritime Transport Act (MTA):
A key Act for maritime is the Maritime Transport Act. This Act requires general compliance and prescribes offences for failure in relation to general compliance, but also is prescriptive in the sense that it permits the making of rules to incorporate convention obligations, which if not complied with is an offence under regulations empowered by the Act. A prosecution for non-compliance is instigated by the Secretary of Transport.
Ship Registration Act:
The Cook Islands operates an open register for ships and yachts through a delegation between the Ministry of Transport and Maritime Cook Islands. The key Act for shipping registration is the Ship Registration Act. This Act permits the registration of ships and requires compliance with the law and standards (including rules made under the MTA).
The Registrar has a wide discretion through directives and notices to require compliance and can impose infringement penalties for deficiencies (Shipping (Infringement deficiency) Regulations 2014). The Registrar imposes infringement of fines.
Regulations:
Regulations are subordinate legislation that can be made under the Acts. There are a number of regulations related to the administration of maritime matters
Rules:
Rules are also subordinate legislation that can be made under the Acts. In 2014 a number of modern rules were established, which revoked existing rules. The Maritime Rules (Revocation) Rule 2014 identifies the rules that were revoked.
International Maritime Legislation
The Cook Islands is a member of the International Maritime Organization (IMO) and has signed a number of IMO Conventions and Codes.
These include:
** The International Convention for the safety of life at sea (SOLAS Convention)
** The international convention on load lines (Load Lines Convention and Protocol)
** The international convention on tonnage measurements of ships (Tonnage Convention)
** Collision Regulations (COLREG) Convention
** The international convention on standard of training, certification and watchkeeping for seafarers (STCW Convention)
** The international convention on maritime search and rescue (SAR Convention)
** The convention on the international mobile satellite organization (IMSO Convention)
** The international convention for the prevention of pollution from ships (MARPOL Convention) and Protocol
** The protocol to the international convention on civil liability for oil pollution damage (CLC Protocol)
** The protocol to the international convention on the establishment of an international fund for compensation for oil pollution damage (Fund Protocol)
** The international convention for the suppression of unlawful acts against the safety of maritime navigation (SUA Convention)
** The international convention for the control management of ships ballast water and sediments (Ballast Water Convention)
** The international convention on the control of harmful antifouling systems on ships (Anti-Fouling Convention)
** The international convention on the removal of wrecks ((Nairobi) Wreck Convention)
** The international convention on civil liability for bunker oil pollution damage (Bunkers Convention)
** The international convention on the limitation of liability of maritime claims (LLMC Convention) and Protocol
The Cook Islands also references international best practice through work with the International Hydrographic Organization (IHO); and the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA).