09 July 2021 CSB Group To print this article, all you need is to be registered or login on Mondaq.com.
The Merchant Shipping Directorate recently published Merchant
Shipping Notice 171 announcing the entry into force of the Malta
Passenger Yacht Code (hereinafter PYC ) with effect from
25th May 2021. The drafting and issuance of the PYC is a clear
indication of Malta s commitment towards the super-yacht
industry.
The PYC was drawn up in consultation with various industry stake
holders including yacht designers, yacht builders, yacht managers,
yacht builders associations, repair yards, specialised service
providers, manufacturers, surveyors, and recognised organisations
(ROs); as a wider representation of this industry.
Extent of Malaysian waters off East Johor
In nearly all the cases Gard has handled, mariners had mistakenly understood their anchoring position to be outside Malaysian territorial waters. As our correspondent, Spica, reports in their recent circular these waters are sometimes referred to as Singapore OPL East, or sometimes even International waters.
The Merchant Shipping Ordinance 1952 and the Federation Light Dues Act 1953
All the recent detentions have been under section 491B(1) of the Malaysian Merchant Shipping Ordinance 1952 (MSO). This section stipulates that ships must notify the Director of Marine of activities within Malaysian waters whenever engaging in various activities. The relevant provision in this section under which vessels have been detained by the MMEA is 491B(1)(l) which is a sweep-up provision, requiring approval be obtained for “any other activity as determined by the Director of Marine”. The provision is widely worded, which makes it difficult to challen