This legislation has been repealed.
(1) Unless it lapses
or is revoked under this regulation, an Exemption Certificate is valid for
2 years but may be renewed under subregulation (2).
(2) If a person who
holds an Exemption Certificate, including an Exemption Certificate that has
been previously renewed under this subregulation or revalidated under
subregulation (5), makes an application —
(a)
before the Certificate lapses; and
(b)
accompanied with evidence, satisfactory to the Port Authority, of the
applicant’s health and visual acuity,
the Certificate may be
renewed for a period, in the discretion of the Port Authority, not exceeding
2 years.
(3) If, in the case of
a Certificate that is endorsed to be valid —
(a) for
a category of vessels referred to in regulation 117 (3) (a) or
(b), the holder of the Certificate does not navigate a vessel, under
the authority of the Certificate, anywhere in the Port for a period of
12 months; or
(b) for
a category of vessels referred to in regulation 117 (3) (c) or
(d), the holder of the Certificate does not navigate a vessel, under
the authority of the Certificate, anywhere in the Port for a period of
6 months,
the Certificate lapses
on the expiry of that 12 months or 6 months period, as the case
requires.
(4) If an Exemption
Certificate lapses —
(a) not
having been renewed under subregulation (2); or
(b)
under subregulation (3),
the holder of the
Certificate may apply to the Port Authority to have the Certificate
revalidated if the application is made within 2 years after the date the
applicant last navigated a vessel under the authority of the Certificate.
(5) If an application
is made under subregulation (4), the Port Authority shall revalidate the
Certificate for a period, in the discretion of the Port Authority, not
exceeding 2 years if the applicant satisfies the Port Authority
that —
(a) the
applicant has been in charge of a vessel having a length overall not less than
is appropriate to the category to which the lapsed Certificate applied, with a
pilot on board, on at least one occasion when the vessel was navigated into or
out of the Port —
(i)
within the 12 months preceding the date of the
application, if the lapsed Certificate was valid for vessels of a category to
which regulation 117 (3) (a) or (b) applies; or
(ii)
within the 6 months preceding the date of the
application, if the lapsed Certificate was valid for vessels of a category to
which regulation 117 (3) (c) or (d) applies;
and
(b) the
applicant has an adequate knowledge of those matters considered by the Port
Authority to be necessary for the safe navigation of vessels within the Port.
(6) If a lapsed
Exemption Certificate is not revalidated within the 2 year period
referred to in subregulation (4), the person who holds the lapsed
Certificate may be issued with a new Certificate if —
(a) the
person satisfies the eligibility requirements of regulation 115; and
(b)
makes an application under regulation 116.
(7) The Port Authority
may —
(a)
issue an Exemption Certificate that applies to all the waters of the Port or
to the specific areas of the Port that are endorsed on the Certificate; or
(b)
revoke an Exemption Certificate in its absolute discretion.
[Regulation 120 inserted by Gazette
30 November 1993 pp.6432-33.]