CARGO PREFERENCE ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Certain cargoes to be carried only in Government ships

   4   Waiver of the requirement in section 3

   5   Regulations

   6   Penalty

<IN:LF:0,RT:1.64514,FI:0>

THE CARGO PREFERENCE ACT

[Date of Commencement: 15th June, 1979]

<IN:LF:0,RT:1.64514,FI:0>Act 11 of 1979.

1   Short title

<IN:LF:0,RT:1.64514,FI:0>   This Act may be cited as the Cargo Preference Act.

2   Interpretation

   In this Act-

   "cargo" includes goods of any kind carried or to be carried in or on a ship or other vessel;

   "liner cargo" means cargo that normally moves, in liner ship in parcels, any one of which does not constitute a substantial portion vessel's cargo capacity, shipped and consigned by a number of shippers to a number of consignees under arrangements whereby the cost of loading and discharging such cargo is included in the freight charges;

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   "liner ship" means a ship, not being a tramp vessel, which plays along fixed routes on pre-announced schedules carrying general cargo, whether packaged or containerized, at scheduled rates;

   "tramp vessel" means a ship which, at any time when the description is relevant to a distinction from a liner ship-

   (a)   caters for full shiploads of homogeneous cargo; or

   (b)   if chartered, operates mainly for the use of the charter; or

   (c)   while not plying along fixed routes or on pre-announced schedules, caters for general cargo, whether package or containerized.

3   Certain cargoes to be carried only in Government ships

   (1) Subject to the provisions of subsection (5), and to section 4, no person shall import or export from Jamaica, as the case may be, any of the cargoes specified in subsection (2) except in ships owned, chartered or operated by the Government and approved for the purpose by the Minister.

   (2) The cargoes referred to in subsection (1) are-

   (a)   bauxite, alumina and such other natural resources of Jamaica and their by-products, as may be prescribed;

   (b)   such agricultural products, to be exported from Jamaica as may be prescribed;

   (c)   such government-controlled goods, to be exported from or imported into Jamaica, as may be prescribed.

   (3) For the purposes of this Act a ship is deemed to be owned by the Government if the Government or an agency of the Government owns the majority of shares of such ship or the company or companies owning, chartering or operating such ship.

   (4) The Minister shall not approve a ship for the purpose of subsection (1) unless he is satisfied that the freight charged by such ship is not unreasonable.

   (5) The provisions of this section shall not apply to the carriage of liner cargoes.

   (6) In this section-

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