(1)
| (a) | Where an incident occurs in relation to a vessel involving the loss or likely loss overboard of dangerous goods, marine pollutants or INF cargo into the sea, the master of the vessel must, without delay, notify the appropriate authority giving such particulars in relation to the incident as that authority requires. |
| (b) | The appropriate authority is— |
| (i) | in relation to vessels of South African nationality, the nearest proper officer and, where a foreign country is the nearest coastal state to the place where the incident occurred, the government of that foreign country; and |
| (ii) | in relation to any other vessel, the nearest proper officer. |
| (c) | If the appropriate Authority is not so notified as required in this subregulation, the master is guilty of an offence. |
[Regulation 5(1) substituted by section 8(a) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
| (1A) | The reporting requirements of Chapter VII regulation 7-1 of the Safety Convention shall apply both to the loss or likely loss of INF cargo overboard and to any incident involving release or probable release of INF cargo, whatever the reason for such loss or release, including for the purpose of securing the safety of the vessel or saving life at sea. |
[Regulation 5(1A) inserted by section 8(b) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
| (1B) | If an incident occurs in relation to a vessel, the vessel's master must, without delay, notify, in accordance with subregulation (1C)— |
| (a) | where the Republic is the nearest coastal State to the place where the incident occurred, the Authority; or |
| (b) | where another country is the nearest coastal State to that place, the government of that State. |
[Regulation 5(1B) inserted by section 8(b) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
(1C)
| (a) | Notification of an incident pursuant to subregulation (1B) must be given using the fastest available means of communication. |
| (b) | Notification to the Authority may be given by communicating the incident to the principal officer or duty surveyor at any of the Authority's marine survey offices in the Republic. |
| (c) | The notification in this regulation must contain the following information: |
| (i) | The vessel's name and call sign, if any, and its flag of registry; |
| (ii) | the day and time of the incident; |
| (iii) | the vessel's position when the incident happened and at the time of reporting; |
| (iv) | the vessel's course and speed: |
| (v) | whether the vessel has been damaged and, if so, the extent of the damage; |
| (vi) | the type and extent of the release; |
| (vii) | prevailing weather conditions; and |
| (viii) | the vessel's size and type. |
[Regulation 5(1C) inserted by section 8(b) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
| (1D) | A person who, pursuant to subregulation (1B), has notified the Authority or a government of an incident must, if so requested by the Authority or that government, as the case may be, give a report to the Authority or that government, as the case requires, about the incident, and the report must be given in the form approved by the Authority within 24 hours of being requested. |
[Regulation 5(1D) inserted by section 8(b) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
| (1E) | It is prohibited for any person to, in a notice given to the Authority or a government pursuant to subrequlation (1B), or in a report given to the Authority or a government pursuant to subregulation (1D), knowingly or recklessly make a statement that is false or misleading in a material particular. |
[Regulation 5(1E) inserted by section 8(b) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
| (2) | It is a good defence to a charge under subregulation (1) for a person to show that the person was unable to comply with the subregulation in relation to the incident concerned. |
[Regulation 5(2) substituted by section 8(c) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
| (a) | the master is unable to comply with subregulation (1) in relation to an incident; or |
| (b) | an incident occurs in circumstances in which the vessel is abandoned, |
the company or an agent of company must comply with subregulation (1) in relation to the incident.
| (c) | If this subregulation is not so complied with, each of those persons required by this regulation to so comply is guilty of an offence. |
[Regulation 5(3) substituted by section 8(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
| (4) | It is a good defence to a charge under subregulation (3) for a person to show— |
| (a) | that the person was not aware of the incident concerned; or |
| (b) | in the case of an incident to which subregulation (3)(a) applies, that the person neither knew nor suspected that the master was unable to comply with subregulation (1) in relation to the incident. |
[Regulation 5(4) substituted by section 8(e) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
| (5) | If in pursuance of this regulation a person furnishes information that the person knows or ought to know to be false or misleading the person is guilty of an offence. |
[Regulation 5(5) substituted by section 8(f) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
