The Bahamas is looking to implement a new shipping law that it hopes will keep its maritime regulations ahead of the curve in a changing industry.
Bahamas Maritime Authority (BMA) chief executive Captain Dwain Hutchinson said a version of a new Merchant Shipping Act is before the Bahamian Parliament. If passed, he said it gives the country's transport minister the authority to issue directives and orders to implement and enforce requirements relating to shipping.
“After the various [International Maritime Organization] meetings and the amendments coming out of the Maritime Safety Committee, the Marine Environment Protection Committee, we will be able to very quickly update our requirements and guidance for our ships and shipowners, instead of going through the full parliamentary process," Hutchinson told TradeWinds.
"It really just speeds up that process whilst maintaining the overall oversight and control with the government.”
The current Bahamas Merchant Shipping Act has not been overhauled for some time, although experts said it has been been subject of various amendments.
But shipping is going through significant changes.
The industry has warmed up to using digital tools to increase efficiency and is exploring ways to cope with the IMO's emissions regulations, including the carbon emissions cuts scheduled to kick in in 2030 and 2050.
One example Hutchinson gave was electronic documentation. He said the current legislation uses the term "original", and that language seems to preclude the use of digital documents.
The new law would allow the transport ministry to issue a rule allowing digital documents. It could also streamline rules around alternative ship designs and alternative fuels.
"The maritime sector is pretty dynamic. To keep abreast of those changes, you need the legislative process to be nimble enough to adjust and adapt without being too overly prescriptive," Hutchinson said.
"Any time delays in the business we’re in, your competitors will be ahead of you."
Kenra Parris-Whittaker, partner at Freeport-based ParrisWhittaker, said the new law would be a "complete overhaul" that also includes greater environmental protection measures.
"I can understand where it’s coming from," she said. "The Merchant Shipping Act is so old. It’s out of touch with the times now, especially with the extensive registry that the Bahamas has and the amount of shipping that has come in.
"Instead of the BMA publishing all of these bulletins, you have a minister that can regulate."
Parris-Whittaker said a draft of the new law has been circulating for some time and expects it to pass.
Hutchinson said the Bahamas parliament has been focusing on measures related to the Covid-19 pandemic, but he anticipates the new Merchant Shipping Act to be signed into law sometime this year.
"I don’t want to say it’s going to be done this week or next week, but we have very good hopes it’s going to be completed within the scope of this year," he said. "We hope it's going to be done within the scope of this quarter."
