A modern Maritime Act
for Saint Lucia.

(1) Sections 1 to 6, 134 to 137, 139 and 140 come into force on publication. The remaining provisions come into force on dates appointed by the Minister by order published in the Gazette.

(2) An order shall identify each provision commenced, the corresponding amendments in Schedule 6, continuing instruments and any transitional period. Sections 9 to 19 shall commence with items 1 to 5 of Schedule 6; sections 20 to 26 with item 6; and sections 85 to 98 with item 8. Section 7 and sections 123 to 133 shall commence no later than sections 9 to 19. No provision requiring action by the Administration shall commence before sections 9 and 10 and items 1 to 5 of Schedule 6. No adverse administrative power shall commence before its applicable notice and review provisions. Item 7 of Schedule 6 shall commence with sections 36 to 45 and no earlier than section 24. Each Schedule commences, to the relevant extent, with the provision giving it effect.

(3) Before commencing a new licensing, certification or financial-security requirement, the Minister shall publish the readiness statement required by section 136. Different dates may be appointed for objectively defined vessel classes. Existing requirements remain enforceable during a transition.

(4) Before an appointed date, the competent authority may make an appointment, designation or arrangement necessary to bring a provision into operation, but no substantive power under that provision may be exercised before commencement. No governance transfer shall take effect until a Director or acting Director and the officers necessary for continuity have been lawfully appointed or continued.

(5) Part X and item 8 of Schedule 6 shall not commence until a Chief Investigator or acting Chief Investigator has been lawfully appointed and a readiness statement under section 136 identifies funded arrangements for receiving casualty notifications, preserving evidence, obtaining necessary investigative expertise and publishing reports. The continuing investigation law remains applicable until that coordinated commencement.

Before departure, the master shall assess the voyage, forecast and observed conditions, vessel condition, loading, fuel and reserves, crew fitness, communications and safe destinations. The master shall not depart where a serious risk cannot reasonably be controlled within the vessel’s authorisation. An owner, customer or operator shall not penalise a master for a reasonable good-faith safety refusal.

A designated shore contact shall receive the vessel identity, master, intended route or area, persons aboard, expected return and escalation instructions. The master shall report material changes and safe return. The operator shall ensure an overdue report reaches the designated rescue contact without avoidable delay. Repetitive short protected-water trips may use an approved simplified system providing equivalent accountability.

(1) There shall be a Chief Marine Safety Investigator appointed by the constitutionally competent authority through a process requiring relevant investigative and maritime competence, independence and disclosure of conflicts.

(2) The appointment shall be for five years, renewable once, subject to the Constitution and lawful conditions of service. Removal before expiry shall be only for established incapacity, serious misconduct or material conflict incompatible with the office, with reasons and an opportunity to be heard.

(3) The Chief Investigator shall be operationally independent of regulators, port operators, police, commercial interests and ministerial direction in selecting, conducting and reporting a safety investigation. Administrative funding arrangements shall not permit interference with findings.

(4) The Chief Investigator may designate in writing a suitably qualified and independent person as an authorised safety investigator, specifying the investigation, functions, conditions and duration. The Chief Investigator is an authorised safety investigator by virtue of office. Designation does not itself appoint the person to the public service or confer powers beyond this Act’s jurisdiction. Evidence of authority shall be produced on request where practicable.

(5) Where the office is vacant, or the Chief Investigator is unable to act or has a conflict requiring withdrawal, the constitutionally competent authority may appoint a qualified and independent person to act in the office or in relation to the affected investigation. The requirements of competence, independence and conflict disclosure apply equally to an acting appointment. An acting appointment does not confer a substantive five-year term.

The Chief Investigator shall issue urgent safety recommendations whenever necessary without awaiting a final report. An investigation required under section 87 shall begin promptly and no later than two months after the occurrence. Where the Chief Investigator first learns of it after that period, it shall begin as soon as practicable and no later than seven days after credible notification, with the delay and reasons recorded publicly in non-sensitive form. The aim is final publication within 12 months of the casualty; where that is not possible, an interim report explaining progress, established safety issues and next steps shall be published within that period and updated at least annually. Where the Chief Investigator first receives credible notification after the twelve-month period, an initial public status report shall be published within 30 days of that notification and updated at least annually until final publication. This provision does not delay urgent recommendations or the commencement required by this section, or excuse an earlier failure to comply by a person or authority already under the relevant duty. Reports shall distinguish evidence, analysis, uncertainty and recommendations and omit unnecessary identifying and protected material.

A recipient of a safety recommendation shall consider it without delay and respond within 28 days, stating acceptance, alternative action or reasons for non-acceptance, responsible persons and proposed dates. Recipients shall notify material changes to their action or timetable. The Chief Investigator shall publish responses and maintain a status register, redacting protected, personal and specifically sensitive information. Before publishing information materially referring to a person, the Chief Investigator shall notify that person and consider factual representations received within 28 days, or an extended period for stated reasons. This consultation does not prevent an urgent safety recommendation from being issued without protected detail. A recommendation does not itself create a criminal duty or determine liability. A regulator may separately adopt a lawful rule or direction on the supporting evidence.

Regulations may require financial security for domestic commercial passenger carriage, vessel hire, designated higher-risk operations and wreck or pollution exposure outside compulsory treaty coverage. Before commencement, the Minister shall publish an insurance-market and affordability assessment, minimum policy terms, classes, limits, transition and accessible verification process. A prescribed insurance amount is not a civil liability cap. This power does not permit postponement of an already binding domestic treaty-insurance duty. Regulations shall set acceptance criteria for non-treaty providers, including adequate financial standing, enforceable terms, a service and claims representative, and the treatment of guarantees or other security. Minimum terms shall ensure effective compulsory protection under section 119. New policy protections apply to policies issued or renewed after the relevant commencement, with published transition arrangements for existing policies.

A readiness statement shall identify appointed officers, funding authority, applicable rules, forms, available survey and assessment services, public guidance, data arrangements, appeal access and treatment of existing permissions. It shall explain remaining constraints and how they are managed. The Minister shall not commence a new burden for a class where no practicable lawful compliance route exists, except a necessary immediate restriction on a serious risk under existing powers. Schedule 7 governs transition milestones and public progress reporting.