Sea Transport Documents Act comes into force

Jun 24, 2003
Author: P&S

The Sea Transport Documents Act came into force on Friday 20 June 2003.

According to Mr Mike Poseman of Adams & Adams maritime attorneys, the Act has important consequences for claims under bills of lading.

“It provides that the holder, as defined by the Act, of a sea transport document will have transferred to him or her the rights against and obligations to the person who issued the document or the person who is responsible for the performance of the contract of carriage, as if the holder were a party to a contract with that person on the terms of the document.

“In other words the Act remedies the defects of the English Bills of Lading Act or 1855, which has to date applied in South Africa.”

The Act defines a sea transport document as a bill of lading; a through bill of lading; a combined transport bill of lading; a sea waybill; or any consignment note, combined transport document or other similar document, relating to the carriage of goods either wholly or partly by sea, irrespective of whether it is transferable or negotiable. The provisions relating to the transfer of rights and obligations, however, only apply to a sea transport document that is transferable or negotiable.

Another important provision of the Act is that it brings into force an amendment to Section 1 of the Admiralty Jurisdiction Regulation Act, 105 of 1983, by adding sub-section (3). Section 1(3) provides that for the purposes of an action in rem the bareboat charterer will be regarded as the owner of the vessel. Thus it will be possible to arrest a vessel in rem while she is under bareboat charter for an action against the bareboat charterer.

Further details of the Act are available from Adams & Adams Attorneys, email at dbn@adamsadams.co.za or telephone 27 31 566 1259.