Ghana Maritime Authority Act, 2002 Act 630

ACT 630
REPUBLIC OF GHANA
GHANA MARITIME AUTHORITY ACT, 2002 (ACT 630)
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT AND FUNCTIONS OF THE GHANA MARITIME
AUTHORITY
1. Establishment of the Ghana Maritime Authority
2. Object and functions of the Authority
3. Ministerial responsibility
4. Governing body of the Authority
5. Functions of the Board
6. Tenure of office of members of the Board
7. Committees of the Board
8. Meetings of the Board
9. Disclosure of interest
PART II—ADMINISTRATION AND STAFF
10. Divisions of the Authority
11. Director-General of the Authority
12. Directors of the Divisions
13. Appointment of Registrar of ships and Deputy Registrars of ships
14. Appointment of Secretary and other staff of the Authority
15. Delegation of power of appointment
PART III—FINANCIAL AND MISCELLANEOUS PROVISIONS
16. Funds for the Authority

ry and other staff of the Authority
15. Delegation of power of appointment
PART III—FINANCIAL AND MISCELLANEOUS PROVISIONS
16. Funds for the Authority

17. Expenses of the Authority
18. Loans, bank account and investments
19. Tax exemption
20. Execution of contracts
21. Accounts and audit of the Authority
22. Internal auditor
23. Financial year
24. Annual report and other reports
25. Regulations
26. Modification of existing laws
27. Interpretation
THE SIX HUNDRED AND THIRTIETH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
GHANA MARITIME AUTHORITY ACT, 2002
AN ACT to establish the Ghana Maritime Authority with responsibility to monitor, regulate
and coordinate activities in the maritime industry, responsibility to implement the provisions
of enactments on shipping for the time being in force; to provide for the governing body of
the Authority and to provide for connected purposes. DATE OF ASSENT: 25th July, 2002. BE IT ENACTED by Parliament as follows
PART I—ESTABLISHMENT AND FUNCTIONS OF THE GHANA MARITIME
AUTHORITY
Section 1—Establishment of the Ghana Maritime Authority. (1) There is established by this Act the Ghana Maritime Authority. (2) The Authority shall be a body corporate with perpetual succession and a common seal
and may sue and be sued in its corporate name.

time Authority. (2) The Authority shall be a body corporate with perpetual succession and a common seal
and may sue and be sued in its corporate name.

(3) The Authority may for the discharge of its functions acquire and hold any movable or
immovable property and may enter into any contract or other transaction. (4) Where there is any hindrance to the acquisition of any property under subsection (3) the
property may be acquired for the Authority under the State Lands Act, 1962 (Act 125). Section 2—Object and Functions of the Authority.

section (3) the
property may be acquired for the Authority under the State Lands Act, 1962 (Act 125). Section 2—Object and Functions of the Authority.

(1) The object of the Authority is to regulate, monitor and co-ordinate activities in the
maritime industry.

(1) The object of the Authority is to regulate, monitor and co-ordinate activities in the
maritime industry.

(2) For the purpose of achieving its object under subsection (1), the Authority shall perform
the following functions:
(a) implement the provisions of the Merchant Shipping Act, 1963 (Act 183);
(b) ensure the safety of navigation:
(c) fulfill flag state and port state responsibilities in an effective and efficient manner, having
due regard to international maritime conventions, instruments and codes;
(d) deal with matters pertaining to maritime search and rescue, and co-ordinate the activities
of the Ghana Armed Forces, the Ports and Harbours Authority and any other body during
search and rescue operations;
(e) regulate activities on shipping in the inland waterways including the safety of navigation
in inland waterways;
(f) cause to be investigated maritime casualties and take appropriate action;
(g) oversee matters pertaining to the training, recruitment and welfare of Ghanaian seafarers;
(h) plan, monitor and evaluate training programmes of seafarers to ensure conformity with
standards laid down by international maritime conventions;
(i) ensure in collaboration with such other public agencies and institutions as the Board of
the Authority may determine the prevention of marine source pollution, protection of the
marine environment and response to marine environment incidents;
(j) pursue the ratification or accession and implementation of international maritime
conventions in conjunction with the appropriate Ministry;
(k) assess the manpower needs of the maritime sector for national planning purposes:
(l) liaise effectively with government agencies and institutions that deal with maritime
transport and related transport matters for the purpose of achieving harmony in the maritime
industry;
(m) initiate research into national maritime transport development for effective planning and
co-ordination;
(n) ensure an efficient, cost effective and orderly provision of services in the shipping
industry in line with Government policies;
(o) initiate action for the promotion, establishment and development of private shipping lines;
(p) advise on policies for the development and maintenance of maritime infrastructure such
as ports and harbours in the country;
(q) advise the Government on maritime matters generally;
(r) regulate the activities of shipping agents, freight forwarders and similar shipping service
providers; and

vernment on maritime matters generally;
(r) regulate the activities of shipping agents, freight forwarders and similar shipping service
providers; and

(s) perform functions incidental to the functions provided under this section. Section 3—Ministerial Responsibility. (1) The Minister for the time being charged with responsibility for transport shall have
ministerial responsibility for the Authority. (2) The Minister may give general directives in writing to the Authority on matters of policy
and the Authority shall comply with the directives. Section 4—Governing Body of the Authority. (1) There shall be a governing body of the Authority to be known as the Ghana Maritime
Authority Board.

es. Section 4—Governing Body of the Authority. (1) There shall be a governing body of the Authority to be known as the Ghana Maritime
Authority Board.

(2) The Board shall consist of the following members appointed by the President in
consultation with the Council of State
(a) a chairperson;
(b) the Director-General of the Authority;
(c) one representative of the Ministry of Roads and Transport;
(d) one representative of the Fisheries Commission;
(e) one representative of the Ghana Navy;
(f) one representative of the Volta River Authority;
(g) one representative of the Environmental Protection Agency;
(h) one representative of the Ghana Ports and Harbours Authority;
(i) one person each from each of the following bodies nominated by the respective members:
(i) Ghanaian registered ship owners;
(ii) Ghana Institute of Freight Forwarders;
(iii) Ghana Shippers Council; and
(j) two women with specialised knowledge in the maritime industry nominated by the
Minister. (3) Members of the Board nominated and appointed under paragraphs (b) to (h) of
subsection (2) shall not be of a rank below that of a Director. Section 5—Functions of the Board.

minated and appointed under paragraphs (b) to (h) of
subsection (2) shall not be of a rank below that of a Director. Section 5—Functions of the Board.

The Board shall be responsible for
(a) securing the implementation of the functions conferred on the Authority under this Act;
(b) the initiation of policies for the proper management of the Authority; and
(c) the sound and proper financial management of the Authority.

is Act;
(b) the initiation of policies for the proper management of the Authority; and
(c) the sound and proper financial management of the Authority.

Section 6—Tenure of Office of Members of the Board. (1) The chairperson and other members of the Board other than the Director-General shall
hold office for a term of four years but are eligible for re-appointment on the expiration of
their term of office. (2) The chairperson or any other member of the Board may resign his office writing
addressed through the Minister to the President. (3) The President may in consultation with the Council of State remove the chairperson or
any other member from the Board for inability to perform the functions of office, for stated
misbehaviour or for any other just cause. (4) A member of the Board who is absent from three consecutive meetings of the Board
without sufficient cause shall cease to be a member. (5) Members of the Board shall be paid such allowances as may be determined by the Board
with the approval of the Minister after consultation with the Minister for Finance. Section 7—Committees of the Board.

may be determined by the Board
with the approval of the Minister after consultation with the Minister for Finance. Section 7—Committees of the Board.

The Board may for the discharge of its functions appoint committees comprising members of
the Board or non-members or both and assign to the committees, such functions of the
Authority as the Board may determine, except that a committee composed entirely of non
members may only advise the Board. Section 8—Meetings of the Board. (1) The Board shall ordinarily meet for the dispatch of business at a time and place the Board
may determine but shall meet at least, once every two months. (2) The chairperson shall, at the request in writing of not less than one-third of the members
of the Board, convene a special meeting of the Board. (3) At every meeting of the Board, the chairman shall preside and in the absence of the
chairperson, a member elected by members present from among their number shall preside. (4) The quorum at a meeting of the Board shall consist of seven members and shall include
the Director-General or the person acting in that capacity. (5) The Board may co-opt any person to attend any of its meetings except that no co-opted
person has voting rights.

he person acting in that capacity. (5) The Board may co-opt any person to attend any of its meetings except that no co-opted
person has voting rights.

(6) Decisions at meetings of the Board shall be determined by a majority of the votes of the
members present and voting and where the votes are equal the chairperson or the member
presiding shall have a casting vote. (7) No act or proceeding of the Board shall be invalidated by a vacancy among its members
or a defect in the appointment or qualification of a member. (8) Subject to the provisions of this section, the Board shall regulate the procedure for its
meetings. Section 9—Disclosure of Interest.

of a member. (8) Subject to the provisions of this section, the Board shall regulate the procedure for its
meetings. Section 9—Disclosure of Interest.

(1) A member of the Board who has an interest directly or indirectly in any contract or in any
other transaction proposed to be entered into with the Authority, shall disclose that interest to
the Board and shall be disqualified from participating in any deliberations of the Board in
respect of the contract or transaction. (2) A member who fails to disclose an interest under subsection (1) shall be removed from
the Board. PART II—ADMINISTRATION AND STAFF
Section 10—Divisions of the Authority. (1) The Board may establish such divisions of the Authority as it considers necessary for the
effective performance of the functions of the Authority. (2) Without limiting the scope of subsection (1) the following are hereby established as
Divisions of the Authority
(a) Technical Division;
(b) Maritime Services Division;
(c) Planning, Monitoring and Evaluation Division; and
(d) Administration and Finance Division. (3) Each Division shall have as its head an officer designated as a Director. (4) The functions and the staff strength of each Division shall be determined by the Board.

hall have as its head an officer designated as a Director. (4) The functions and the staff strength of each Division shall be determined by the Board.

(5) Each Director shall be responsible for the day to day management of the Division under
the Director and shall answer to the Director-General in the performance of the functions of
the Director under this Act. Section 11—Director-General of the Authority. (1) The Authority shall have as its chief executive a Director-General who shall be appointed
by the President in accordance with the advice of the Board given in consultation with the
Public Services Commission. (2) The Director-General shall hold office on terms and conditions specified in the letter of
appointment of the Director-General. (3) Subject to such general directives as the Board may give and the provisions of this Act,
the Director-General shall be responsible for the efficient organisation and management of
the Authority. Section 12—Directors of the Divisions. The Directors in charge of Divisions of the Authority shall be appointed by the President in
accordance with the advice of the Board given in consultation with the Public Services
Commission. Section 13—Appointment of Registrar of Ships.

nt in
accordance with the advice of the Board given in consultation with the Public Services
Commission. Section 13—Appointment of Registrar of Ships.

(1) There shall be appointed by the President in accordance with the advice of the Board
given in consultation with the Public Services Commission a Registrar of Ships. (2) The Registrar shall be responsible for the registration of ships, fishing vessels and such
other navigation vessels as are prescribed by law and shall perform the functions conferred on
the Registrar under the Merchant Shipping Act and any other enactment. (3) The Registrar shall in the performance of the functions of the Registrar be answerable to
the Director-General. (4) The terms and conditions of employment of the Registrar shall be as specified in the
letter of employment of the Registrar. Section 14—Appointment of Secretary and other Staff of the Authority. (1) The President in accordance with the advice of the Board given in consultation with the
Public Services Commission shall appoint a professional company secretary or a legal officer
who shall be designated as Secretary. (2) The Secretary shall act as secretary to the Board and shall perform such other functions as
the Board may on the advice of the Director-General assign to the Secretary.

l act as secretary to the Board and shall perform such other functions as
the Board may on the advice of the Director-General assign to the Secretary.

(3) The President in accordance with the advice of the Board shall appoint such other officers
and employees as may be necessary for the proper and effective performance of the functions
of the Authority. (4) Without limiting the scope of subsection (3), the following shall be appointed as public
officers of the Authority
(a) Registrar of Seamen;
(b) Surveyor of Ships; and
(c) Receiver of Wreck. (5) The officers appointed under subsection (4) shall perform the duties and functions
assigned to them under the Ghana Shipping Act and under any other enactment. (6) The Authority may engage the services of such experts and consultants as it considers
necessary on the recommendations of the Director-General. (7) Other public officers may be seconded or transferred to the Authority or may otherwise
be requested to give assistance to the Authority. Section 15—Delegation of Power of Appointment. The President may in accordance with article 195(2) of the Constitution delegate the power of
appointment of public officers under this Act. PART III—FINANCIAL AND MISCELLANEOUS PROVISIONS
Section 16—Funds of the Authority. The monies of the Authority include
(a) monies accruing to the Authority

III—FINANCIAL AND MISCELLANEOUS PROVISIONS
Section 16—Funds of the Authority. The monies of the Authority include
(a) monies accruing to the Authority

(i) in the performance of its functions under the Merchant Shipping Act and any other
enactment relating to maritime;
(ii) from investments;
(b) 50% of the total annual service charges received by the Ghana Shippers Council under
section 3 of the Ghana Shippers Council Decree, 1974 (N.R.C.D. 254) as amended;
(c) any loans granted to the Authority; and
(d) grants. Section 17—Expenses of the Authority. (1) The Authority shall in the performance of its functions under this Act and any other
enactment generate sufficient funds to meet its expenditure including,
(a) payment of salaries, emoluments and allowances of employees and the Board members;
(b) management and administrative expenses; and
(c) loan repayments and relevant interests. (2) The expenses of the Authority including remuneration for employees, allowances to
members of the Board and all other administrative expenses of the Authority shall be paid by
the Authority from the funds provided for under section 16.

mbers of the Board and all other administrative expenses of the Authority shall be paid by
the Authority from the funds provided for under section 16.

(3) Where in respect of any financial year, the Authority has, after having made provision for
(a) the payment of salaries, allowances and other administrative and management
expenditure;
(b) depreciation of assets;
(c) payment of any loan, interest; and
(d) contingency,
any amount remaining to the credit of the Authority, there shall be transferred by the
Authority to the Consolidated Fund such proportion of the amount as the Minister for Finance
may in writing direct after consultation with the Minister and the Board. Section 18—Loans, Bank Account and Investments. (1) Subject to article 181 of the Constitution and the Loans Act, 1970 (Act 335), there may be
obtained for the Authority such loans and credit facilities as the Authority may require for the
implementation of its functions. (2) The Authority may borrow temporarily by way of overdraft or otherwise such sums as it
may require to meet its current obligations or discharge its functions under this Act or any
other enactment. (3) The Minister for Finance in consultation with the Minister may prescribe the maximum
sums that the Authority may borrow.

t or any
other enactment. (3) The Minister for Finance in consultation with the Minister may prescribe the maximum
sums that the Authority may borrow.

(4) The Board shall with the aproval of the Minister and the Accountant-General open bank
accounts necessary for the operations of the Authority except that a bank account opened
outside the country shall be subject to article 183(2)(b) of the Constitution. (5) The Authority may make investments considered necessary by the Board. Section 19—Tax Exemption. The Authority is hereby exempted from payment of tax. Section 20—Execution of Contracts. (1) The use of the seal of the Authority shall be authenticated by two signatures being that of
(a) The Director-General or another member of the Board authorised by the Board to
authenticate the use of the seal; and
(b) the Secretary or another officer of the Authority authorised by the Board to act in place of
the Secretary for that purpose. (2) The Authority may under its common seal empower any person to act as its attorney to
execute deeds on its behalf in any place outside Ghana and every deed signed by the attorney
on bahalf of the Authority and under the seal of the attorney shall be binding on the Authority
and have the same effect as if it were under the common seal of the Authority.

ty and under the seal of the attorney shall be binding on the Authority
and have the same effect as if it were under the common seal of the Authority.

(3) Any instrument or contract which if executed or entered into by a person other than a
body corporate would not require to be under seal, may be executed or entered into on behalf
of the Authority by the Director-General or any member of the Board if the person has
previously been authorised by a resolution of the Board to execute or enter into that particular
agreement or contract. (4) The provisions of this section shall be subject to section 12 of the Contracts Act, 1960
(Act 25). Section 21—Accounts and Audit of the Authority. (1) The Authority shall keep proper books of account and proper records in relation to them
and the account books and records shall be kept in a form approved by the Auditor-General. (2) The books of accounts of the Authority shall within six months after the end of each
financial year be audited by the Auditor-General or by an auditor appointed by the Auditor
General. (3) The Auditor-General shall not later then six months after the end of each financial year,
forward to Parliament a copy of the audited accounts of the Agency for the financial year
immediately preceding. Section 22—Internal Auditor. (1) The Authority shall have an internal auditor.

ed accounts of the Agency for the financial year
immediately preceding. Section 22—Internal Auditor. (1) The Authority shall have an internal auditor.

(2) Subject to this Act the internal auditor shall in the performance of functions of his office
be answerable to the Director-General.

(2) Subject to this Act the internal auditor shall in the performance of functions of his office
be answerable to the Director-General.

(3) As part of the functions of the internal auditor under this Act, the internal auditor shall, at
intervals of three months, prepare a report on the internal audit work carried out by the
internal auditor during the period of three months immediately preceding the preparation of
the report, and submit the report to the Director-General. (4) The internal auditor shall make in each report such observations as appear to the internal
auditor necessary as to the conduct of the financial affairs of the Authority during the period
to which the report relates. Section 23—Financial Year. The financial year of the Authority shall be the same as the financial year of the Government. Section 24—Annual Report and Other Reports.

ncial Year. The financial year of the Authority shall be the same as the financial year of the Government. Section 24—Annual Report and Other Reports.

(1) The Board shall submit to the Minister as soon as practicable and in any event not more
than eight months after the end of each financial year a report dealing generally with the
activities and operations of the Authority during the year to which the report relates and shall
include
(a) the audited accounts of the Authority and the Auditor-General's report on the accounts;
(b) a statement of the Authority's budget and operational plans for the next financial year; and
(c) such other information as the Board considers necessary. (2) The Minister shall within two months after receipt of the annual report submit the report
to Parliament with such statements as the Minister considers necessary. Section 25—Regulations. The Minister may by legislative instrument make regulations
(a) for the supervision of flag state and port state responsibilities;
(b) for the prevention of marine source pollution;
(c) for the protection of the marine environment and response to marine environment
incidents; and
(d) for generally carrying into effect the provisions of this Act. Section 26—Modification of Existing Laws.

onse to marine environment
incidents; and
(d) for generally carrying into effect the provisions of this Act. Section 26—Modification of Existing Laws.

The Ghana Ports and Harbours Authority Law, 1986 (PNDCL 160) and any other enactment
in existence upon the coming into force of this Act shall apply with such modifications as are
neessary to give effect to this Act. Section 27—Interpretation. In this Act, unless the context otherwise requires
"Authority" means the Ghana Maritime Authority established under section 1 of this Act;
"Board" means the governing body of the Authority provided for under section 4 of this Act;
"flag state" means the state whose flag a ship is entitled to fly;

means the governing body of the Authority provided for under section 4 of this Act;
"flag state" means the state whose flag a ship is entitled to fly;

"MARPOL" means the International Convention for the Prevention of Pollution from Sea of
1973/78 as amended;
"Minister" means the Minister for the time being responsible for Roads and Transport;
"port state" means the state, party to any of the following International Conventions—
SOLAS 74, Load Lines '66, MARPOL 73/78, STCW'78, and Tonnage '69 whose ports are
visited by foreign ships;
"Registrar" means the Registrar of ships appointed under section 13 of this Act and includes a
Deputy Registrar of Ships;
"SOLAS" means the International Convention for the Safety of Life at Sea of 1974/78 as
amended;
"STCW" means the International Convention for Standards of Training Certification and
Watchkeeping for Seafarers of 1978/95 as amended.
Date of Gazette Notification: 2nd August, 2002.