Harbour Master to enquire into casualties

(1) It shall be the duty of the Harbour Master to make inquiries into– (a) shipwrecks or other casualties affecting ships; and (b) charges of incompetency or misconduct on the part of masters, mates or engineers of ships, in the following cases, (i) where a shipwreck or casualty occurs to a Belizean registered ship on or near the coast of Belize, or to a Belizean registered ship in the course of a voyage to a port within Belize; Harbours and Merchant Shipping [CAP. 234 29 (ii) where a shipwreck or casualty occurs in any part of the world to a Belizean registered ship registered in Belize; (iii) where some of the crew of a Belizean registered ship which has been wrecked, or to which a casualty has occurred, and who are competent witnesses to the facts, are found in Belize; (iv) where the incompetency or misconduct has occurred on board a Belizean registered ship on or near the coasts of Belize, or on board a Belizean registered ship in the course of a voyage to a port within Belize; (v) where the incompetency or misconduct has occurred on board of a Belizean registered ship registered in Belize; (vi) when the master, mate or engineer of a Belizean registered ship, who is charged with incompetency or misconduct on board that Belizean registered ship, is found in Belize. (2) The powers and duties conferred by sub-section (1), shall not affect any enquiries instituted under the provisions of the Wrecks and Salvage Act. CAP. 237. (3) Every master shall immediately report to the Harbour Master, any collision, grounding, fire, loss or substantial damage to his vessel or any other emergency affecting his (4) Any master who contravenes sub-section (3), commits an offence and shall be liable on summary conviction to a fine of fifteen thousand dollars. 30 (5) The Harbour Master may detain any vessel involved in a maritime accident if he deems it necessary to aid his (6) A master who, by negligence, want of skill or for any other reason– (a) intentionally or recklessly causes a disaster that damages the environment or results in a loss of the use of the environment; or (b) causes the loss of life, commits an offence and is liable on summary conviction– (i) in the case of a conviction under paragraph (a), to a fine of twenty-five thousand dollars or to three times the assessed value of the damage caused, whichever is greater, or to imprisonment for a term of not less than two years and not exceeding ten years, or to both such fine (or the assessed value of the damage), and term of imprisonment; (ii) in the case of a conviction under paragraph (b), to a fine of not less than twenty five thousand dollars and not more than fifty thousand dollars or to imprisonment for a term of five years or to both such fine and term of imprisonment. (7) A person shall not be liable under this section if that person adduces evidence to show that he exercised all due diligence to prevent the commission of the offence. Harbours and Merchant Shipping [CAP. 234 31 (8) The Harbour Master may co-opt relevant agencies to assist in responding to maritime casualties or incidents and may recover from the owner of the vessel all expenses reasonably incurred in responding to and addressing a maritime casualty or incident. (9) The expenses referred to in sub-section (8) are recoverable as a fine levied against the owner of the vessel and where the owner fails to pay the fine, the fine and costs incurred shall be recoverable on summary conviction. (10) The Harbour Master may issue a wreck removal order to the owner or master of any vessel that has foundered, been scuttled, agrounded or otherwise abandoned in Belize. (11) The Harbour Master shall list the terms and conditions of the wreck removal order and the time in which the vessel is to be removed together with all other particulars as the Harbour Master deems necessary and the owner or master shall comply with the instructions of the Harbour Master. (12) Any owner or master who contravenes sub-section (11), commits an offence and is liable on summary conviction to a fine of thirty thousand dollars in the first instance and an additional ten thousand dollars for every day or part thereof that the violation continue