Law association gives new transport policy the thumbs up

In an urgent review of the draft Maritime Transport Policy, the Maritime Law Association (MLA) has come out in general support of the policy statements, according to MLA chairman, Andrew Robinson, a director of Durban lawyers, Deneys Reitz. “Some more detail is needed in respect of some of them,” he told FTW, “but the department of transport (DoT) is heading in the right direction.” He also said, however, that the review was a rush job. “The MLA was invited to comment on October 27, and comments were to be submitted by November 9,” he added. “This was less than two weeks to review a complex piece of proposed legislation, which means that our document was produced under severe time pressure.” But the available committee members of the MLA put their noses to the grindstone, and examined the draft policy in as much detail as was possible. According to Robinson, there may be a few typographical or grammatical mistakes, while the MLA feels that one or two sections may be wrongly worded, but the general gist of the whole policy is very promising. “And, although it is often not too clear just what some of the proposals mean, they certainly deserve applause for their intent,” he said. “It is generally looking to encourage and stimulate the shipping industry in all its forms, and that in itself has to be welcomed by the stakeholders.” In his own personal view, Robinson saw what the DoT's plans regarding promoting a ship’s register as an interesting issue – and one which he told FTW he had already noted at the Industrial Development Council (IDC) marine forum last year, and when he met with the DoT earlier this year. “There are a number of ship’s registers of consequence in the world,” he said. “They all try and offer something different in order to attract ship owners.” What does the DoT propose in this regard? “The policy tells you nothing, and there is no real evidence of any detailed research having been carried out as yet,” he said. “What I would like to see is the DoT carrying out a thorough investigation of the main ship registers in the world and seeing what it is that they offer to potential clients.” He noted, for example, Singapore providing the most recent example of a successful register being started from what he described as “humble beginnings”. “It took adventurous and pro-active government involvement to get a suitable policy in place,” said Robinson “and, within a very short space of time, legislation was passed to encourage ship owning and related industries to re-locate to Singapore.” He again mentioned the two basic types of registers that exist. The first is a register that is open, in the sense that company information is made available to the public. The second type is the closed type of register, where very little information is made available beyond the name of the company and the existence of any mortgages over the ship. “Generally,” Robinson added, “SA has an open register insofar as companies are concerned. Details of directors and shareholders are easily available through a deed search or an inspection of the share register at the registered office. “The tax regime is also important, as are standards for crewing, safety and the like.” He also suggested therefore that the DoT should be aware of the need for a comprehensive review of other registers. “The process is important,” he said. “The DoT needs the data before it embarks on any legislative changes that will prove difficult to amend in due course.”