S.L. 234.49 Art. 5Establishment of the Marine Safety Investigation Unit.

(1) For the purpose of carrying out marine safety investigations into marine accidents and incidents to which these regulations apply in an effective and rapid manner, the Authority shall appoint safety investigators, one of whom shall be appointed by the Authority in concurrence with the Minister, as head of marine safety investigation.

(2) The head of marine safety investigation and the safety investigators appointed in terms of sub-regulation (1) shall form part of the Marine Safety Investigation Unit.

(3) The Marine Safety Investigation Unit shall for all intents and purposes of these regulations be a permanent safety investigation body with the mandate to carry out marine safety investigations. It shall be independent in its organisation and decision-making of any Directorate, department or unit within the Authority and any other party whose interests could conflict with the task entrusted to it. To ensure that the head of marine safety investigation is not delayed or prevented from reaching the objective of marine safety investigations as prescribed in these regulations, it is provided that:

(a) in respect of any matter falling within the functions of the Marine Safety Investigation Unit and the powers delegated to the head of marine safety investigation, the legal and judicial representation of the Marine Safety Investigation Unit shall also vest in such person; and

(b) the Marine Safety Investigation Unit shall be enabled to respond immediately on being notified at any time of a marine accident or incident and to obtain sufficient resources to carry out its functions independently.

(4) The head of marine safety investigation may arrange for any of the powers conferred on him by these regulations, to be delegated to the safety investigators or the persons appointed under regulation 10(4): Provided that when delegating such functions it must be ensured that the person so appointed has a working knowledge and practical experience of the subject matter under investigation and is able to use the delegated powers to achieve the objective of marine safety investigations and adhere to the criteria prescribed by these regulations.

(5) Safety investigators shall carry out their duties under the direction of the head of marine safety investigation and in accordance with his instructions.

(6) Notwithstanding any Act of Parliament, no entity other than the Marine Safety Investigation Unit established in terms of these regulations may commence a safety investigation into a marine accident and incident in accordance with these regulations.