Mr. Harrison Hewlett

PROSECUTOR
+501-222-5666 Extension: 232 hhewlett@portauthority.bz

The Legal Department’s role is to offer professional legal services to the Belize Port Authority with our main focus on safety and security.  The department’s functions are to provide legal advice to the Authority, prosecute violators, prepare maritime cases, review & update legislation and prepare reports based on maritime inquires.

Conventions Ratified by Belize

The International Maritime Organisation Convention Act, 2008, Belize Statutory Instrument No. 17 of 2008 makes provisions to list the various Conventions/Protocols and date of Accession by Belize.  The International Maritime Organization is the umbrella organization with responsibility for those listed Conventions.

Of note on 8 July 2014, the Government of Belize deposited with the International Labour Office the instrument of ratification of the Maritime Labour Convention, 2006 (MLC, 2006).  Belize is the 62nd ILO Member State and the eighth Member State of the Ocean Memorandum of Understanding on port State control in the Caribbean Region to have ratified this Convention. Belize’s merchant fleet consists of vessels of over 1.8 million gross tons in total. This ratification brings to 50 the total numbers of ILO Conventions ratified by Belize.

Legislations

The Belize Port Authority (BPA) is a statutory body established in accordance with the BPA Act Chapter 233, Harbours and Merchant Shipping Act Chapter 234, Wrecks and Salvage Act Chapter 237, and Abandoned Wreck Act Chapter 235.

Update on Legislations

Water Taxis Regulations

The regulations are designed to introduce water taxi service permit requirements:

  1. To regulate routes, designated landing places, schedules and fares
  2. To ensure adequate service to and safety of passenger
  3. To require the submission of passenger manifests on local and transnational voyage
  4. To require VHF radios on passenger vessels with capacity of 12 or more (SOLAS Class Vessels), and to require the emergency numbers of the BPA and the Coast Guard to be prominently displayed on all such vessel
  5. To require an approved emergency plan for SOLAS Class vessel
  6. To require Third Party Insurance on all commercial vessel
  7. To provide for a passenger user fee

Maritime Labour Convention (MLC) 2016

The Government of Belize deposited the instrument of ratification of the MLC 2006 with the ILO on 08 July, 2014.  Belize is the 8th Caribbean Memorandum of Understanding (CMOU) Member State to do so and the 62nd worldwide.  The MLC entered into force on 08 July, 2015.

Other Legal Instruments

The port State control (PSC) and the International Ship and Port Facility Security (ISPS) Regulations are being reviewed for final approval.  Belize has also recently passed legislation regulating its Flagships engaged in international fishing and is reviewing the Food and Agriculture Organization (FAO) Agreement.  The Boarding Party for any such vessels identified will consist of a Fisheries Inspector who will be charged with establishing if there are non-compliance issues.

The proposed PSC and ISPS regulations are in accordance with the standards set by the IMO, to improve the effectiveness of Belize’s responsibility falling under the purview of the BPA.   The regulations are intended to implement the provisions of international maritime conventions and contain provisions giving rights of appeal and compensation in respect of detained ships, and allowing inspection of operational requirements.

Port Reception Facilities

The recent Audit of Belize’s implementation of the IMO’s conventions highlighted, among other matters, Belize’s position with respect to Port Reception Facilities.  A steering committee has been developed with key regulatory agencies (made up of BPA, Ministry of Health, Solid Waste Management Authority, and the Department of Environment to further our obligation under MARPOL.

Comprehensive National Transportation Master Plan

Belize has obtained support for the Inter-American Development Bank (IADB) to develop a Comprehensive Transportation Master Plan which is designed to link all modes of transportation: sea, air and land.  This plan addresses national, urban and trans-border transportation needs.  This should complement the plan to implement a project for the developemen of Short Sea Shipping (SSS) in the Meso- Americans region (which includes Belize, Mexico, El Salvador, Honduras, Nicaragua, Costa Rica, Panama, Colombia, the Dominican Republic and Guatemala.

 

  1. Belize Port Authority Act (CAP 233):
    • Cargo handling equipment at privatized and leased ports
    • The licensing of Shipping Agents
    • Requirements for vessels engaged on international voyages and
    • Provisions for commercial services permit
  2. Harbours and Merchant Shipping Act (CAP 234):
    • Maritime Safety
    • Port State Control