BAHAMAS Law and Practice Contributed by: Richard Horton and Emma Van Wynen, Alexiou, Knowles & Co.
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The main domestic laws establishing the authorities of the maritime and shipping courts in The Bahamas include: • the Supreme Court Act, 1996, which confers admi - ralty jurisdiction on the Supreme Court; • the Merchant Shipping Act, 1976, which governs ship registration, maritime obligations and seafar - ers’ rights; and • the Supreme Court Civil Procedure Rules, 2022, which regulate the procedure for admiralty pro - ceedings, including actions in rem and the arrest of vessels. The Supreme Court of the Commonwealth of The Bahamas is the principal court exercising admiralty jurisdiction in maritime and shipping matters. Appeals from the Supreme Court lie to the Court of Appeal, with a final right of appeal (with leave) to the Judicial Committee of the Privy Council in London, England. Maritime and shipping claims commonly filed in The Bahamas include: • disputes relating to possession and ownership of vessels;
bean Memorandum of Understanding on Port State Control (CMOU). The BMA was established in 1995 by the Bahamas Maritime Authority Act, with the objec - tive of promoting safer ships and cleaner seas as well as eliminating the operation of sub-standard ships in the Caribbean region through a harmonised system of port state control. The BMA works in co-ordination with the Bahamas Port Department, a government agency under the Ministry of Energy and Transport that serves as the operational and territorial maritime authority, ensuring harbour safety, compliance with local regulations, and management of port infrastructure, with both the BMA and Port Department operating under overall policy direction from the Minister responsible for Maritime Affairs (the “Minister”). In the event of a marine casualty involving serious inju - ry or loss of life, the Minister may initiate a preliminary review or direct that a formal marine investigation be conducted, to be supported or administered by the BMA. A formal investigation under these circumstanc - es is carried out by a Wreck Commissioner, who may be a judge, chief magistrate, or an attorney of at least ten years’ standing, assisted by one or more maritime assessors appointed for their technical expertise. In instances of groundings, as with all marine casual - ties, the BMA must be notified. The procedure out - lined above may also be utilised. See Sections 240A through 248 of the Merchant Shipping Act for further guidance on shipping casualties, inquiries and inves - tigations. With respect to marine pollution, the Minister is empowered to give effect to international maritime pol - lution conventions ratified by The Bahamas, including: • the United Nations Convention on the Law of the Sea, 1982; • the International Convention Relating to Interven - tion on the High Seas in Cases of Oil Pollution Casualties, 1969; • the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001; • the Ballast Water Management Convention, 2004; • the Anti-Fouling Systems Convention; and
• enforcement of ship mortgages; • unpaid bunkers and crew wages; • cargo loss or damage; • groundings; • collisions; and • other claims for damage done by a ship.
These claims are typically brought in the Supreme Court as admiralty proceedings by way of actions in
rem against the vessel. 1.2 Port State Control
The Bahamas Maritime Authority (BMA) acts as the technical regulator and competent authority for both flag state and port state control throughout The Baha - mas, which is exercised in accordance with the Carib -
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