Try asking the following...

GHANA MARITIME SECURITY ACT, 2004

ACT 675 GHANA MARITIME SECURITY ACT, 2004 AN ACT to give effect to Chapter XI-2 of the International Convention for the Safety of Life at Sea, 1974 (SOLAS) as amended; to enhance maritime safety and security; to create a legal framework for the effective compliance with the International Ship and Port Facility Code (ISPS) in this country; and to provide for related matters.

Legislation

Table of Content

Preliminary

1. Scope of application.

Provisions relating to the Ghana Maritime Authority and Recognised Security Organisations

2. Ghana Maritime Authority.

3. Functions of the Authority.

4. Delegation of functions of Authority.

5. Appointment of recognised security organisations.

6. Duties of recognised security organisations.

General Provisions relating to Security

7. Security levels for ship and port facilities.

8. Provision of security level information.

9. Declaration of Security.

10. Content of notice of Declaration of Security.

11. Request for Declaration of Security.

12. Alternative security agreement.

13. Equivalent security arrangements.

14. Testing of security plans.

Ship Security

Ship Security Plan

15. Ship security plan.

16. Non-disclosure of ship security plan.

17. Application for approval of a ship security plan.

18. Content of a ship security plan.

19. Approval of ship security plan.

20. Appeals.

21. Amendment to ship security plan.

22. Enforcement of ship security plan.

Ship Security Levels, Assessment and Systems

23. Compliance with ship security levels.

24. Ship security assessment.

25. Ship security systems.

26. Notification of ship security alert.

International Ship Security Certificate

27. International Ship Security Certificate.

28. Application for an International Ship Security Certificate.

29. Verification of ship for International Ship Security Certificate.

30. Issuance of International Ship Security Certificate.

31. Period of validity of International Ship Security Certificate.

32. Validity of an International Ship Security Certificate.

33. Extension of validity of International Ship Security Certificate.

34. Cancellation of an International Ship Security Certificate.

35. Interim International Ship Security Certificate.

36. International Ship Security Certificate to be kept on board.

Control and Regulation of Ships in Ghanaian Ports

37. Information required of all ships intending to enter Ghanaian ports.

38. Acceptance of Convention documents.

39. Control of ships in ports.

40. Inspection of ship security plans.

41. Procedure to follow where control measures are imposed.

42. Action to take where a ship is not in compliance with the Act.

Designation of Officers and Responsibilities of Companies and Ship Personnel

43. Company security officer.

44. Ship security officer.

45. Shipboard personnel.

46. Master’s responsibilities for ship safety and security.

47. Costs of detention.

Port Security

48. Duties of port facility operator.

49. Port facility security assessment.

50. Report on port facility security assessment.

51. Content of port facility security assessment.

52. Port facility security plan.

53. Content of a port facility security plan.

54. Submission of port facility security plan or amendment for approval.

55. Approval by Minister of port facility security plan or amendment.

56. Review of decision not to approve port facility security plan.

57. Port facility security officer.

58. Designation of port security zones.

59. Matters to be considered in establishing port security zone.

60. Restrictions with respect to port security zones.

61. Taking weapons onto ships or into port security zones.

62. Screening and searching powers.

63. Power to seize and detain items.

64. Cost of seizures.

65. Person who refuses screening or searching.

66. Search of persons who refuse to be searched.

67. Right of access to port security zones and ships.

68. Authority may declare exclusion zones for ships.

69. Entering or leaving exclusion zones without authorisation.

Miscellaneous Provisions

70. Ministerial responsibility and directives.

71. Maritime security officers.

72. Regulations.

73. Consequential amendment.

74. Interpretation.

SCHEDULES

First Schedule Form of a Declaration of Security between a Ship and a Port

Facility

Second Schedule Endorsement where the Renewal Verification has been

Completed and Section A/ 19.3.4 of the ISPS Code Applies

Third Schedule Endorsement for Intermediate Verification

Fourth Schedule Forms

Fifth Schedule Form of the International Ship Security Certificate

Sixth Schedule Forms

Seventh Schedule Form of the Interim International Ship Security Certificate

Eighth Schedule Form of a Statement of Compliance of a Port Facility

Preliminary

1. Scope of application.

Provisions relating to the Ghana Maritime Authority and Recognised Security Organisations

2. Ghana Maritime Authority.

3. Functions of the Authority.

4. Delegation of functions of Authority.

5. Appointment of recognised security organisations.

6. Duties of recognised security organisations.

General Provisions relating to Security

7. Security levels for ship and port facilities.

8. Provision of security level information.

9. Declaration of Security.

10. Content of notice of Declaration of Security.

11. Request for Declaration of Security.

12. Alternative security agreement.

13. Equivalent security arrangements.

14. Testing of security plans.

Ship Security

Ship Security Plan

15. Ship security plan.

16. Non-disclosure of ship security plan.

17. Application for approval of a ship security plan.

18. Content of a ship security plan.

19. Approval of ship security plan.

20. Appeals.

21. Amendment to ship security plan.

22. Enforcement of ship security plan.

Ship Security Levels, Assessment and Systems

23. Compliance with ship security levels.

24. Ship security assessment.

25. Ship security systems.

26. Notification of ship security alert.

International Ship Security Certificate

27. International Ship Security Certificate.

28. Application for an International Ship Security Certificate.

29. Verification of ship for International Ship Security Certificate.

30. Issuance of International Ship Security Certificate.

31. Period of validity of International Ship Security Certificate.

32. Validity of an International Ship Security Certificate.

33. Extension of validity of International Ship Security Certificate.

34. Cancellation of an International Ship Security Certificate.

35. Interim International Ship Security Certificate.

36. International Ship Security Certificate to be kept on board.

Control and Regulation of Ships in Ghanaian Ports

37. Information required of all ships intending to enter Ghanaian ports.

38. Acceptance of Convention documents.

39. Control of ships in ports.

40. Inspection of ship security plans.

41. Procedure to follow where control measures are imposed.

42. Action to take where a ship is not in compliance with the Act.

Designation of Officers and Responsibilities of Companies and Ship Personnel

43. Company security officer.

44. Ship security officer.

45. Shipboard personnel.

46. Master’s responsibilities for ship safety and security.

47. Costs of detention.

Port Security

48. Duties of port facility operator.

49. Port facility security assessment.

50. Report on port facility security assessment.

51. Content of port facility security assessment.

52. Port facility security plan.

53. Content of a port facility security plan.

54. Submission of port facility security plan or amendment for approval.

55. Approval by Minister of port facility security plan or amendment.

56. Review of decision not to approve port facility security plan.

57. Port facility security officer.

58. Designation of port security zones.

59. Matters to be considered in establishing port security zone.

60. Restrictions with respect to port security zones.

61. Taking weapons onto ships or into port security zones.

62. Screening and searching powers.

63. Power to seize and detain items.

64. Cost of seizures.

65. Person who refuses screening or searching.

66. Search of persons who refuse to be searched.

67. Right of access to port security zones and ships.

68. Authority may declare exclusion zones for ships.

69. Entering or leaving exclusion zones without authorisation.

Miscellaneous Provisions

70. Ministerial responsibility and directives.

71. Maritime security officers.

72. Regulations.

73. Consequential amendment.

74. Interpretation.

SCHEDULES

First Schedule Form of a Declaration of Security between a Ship and a Port

Facility

Second Schedule Endorsement where the Renewal Verification has been

Completed and Section A/ 19.3.4 of the ISPS Code Applies

Third Schedule Endorsement for Intermediate Verification

Fourth Schedule Forms

Fifth Schedule Form of the International Ship Security Certificate

Sixth Schedule Forms

Seventh Schedule Form of the Interim International Ship Security Certificate

Eighth Schedule Form of a Statement of Compliance of a Port Facility

Section 1

1. Scope of application

(1) This Act applies to (a) the following types of ships on international voyages (i) passenger ships, including high speed craft, and (ii) cargo ships, including high speed craft of 500 gross tonnage or more; (b) mobile off-shore drilling units that are not located within Ghanaian waters; (c) pleasure craft; and (d) port facilities within the country that serve a ship or a mobile off-shore drilling unit specified under paragraph (a), subject to subsection (2). (2) The Minister may, (a) after due consideration of a port facility security assessment conducted in accordance with this Act, and (b) having regard to the level of security required to be achieved under this Act, extend by notice published in the Gazette the application of this Act to specified port facilities within the country which although used primarily by ships not engaged on international voyages, are required occasionally, to serve ships that arrive from or depart on an international voyage. (3) This Act shall not apply to (a) the following ships owned or operated by the Republic and used only for non-commercial activities, (i) a warship, or (ii) a ship designated for naval, military, customs or law enforcement purposes; or (b) part of or the whole of a port that is (i) protected with security, and (ii) under the exclusive control of the Ghana Armed Forces. (4) The provisions of Part B of the Code shall be read as one with this Act and shall apply subject to the modifications that are necessary to give effect to this Act.

Section 2

2. Ghana Maritime Authority

For purposes of this Act, the Ghana Maritime Authority established under section 1 of the Ghana Maritime Authority Act, 2002 (Act 630), shall perform the additional functions specified under sections 7 to 14.