This was a ship arrest application regarding the ferry Apollo/Solar Boat. The defendant vessel argued that the application was not maintainable under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017 (the AA), among other things, because the defendant was an inland vessel. Section 1(2) of the AA provides

that this Act shall not apply to an inland vessel defined in clause (a) of sub-section (1) of Section 2 of the Inland Vessels Act, 1917 (1 of 1917), or a vessel under construction that has not been launched unless it is notified by the Central Government to be a vessel for the purposes of this Act ...

The Inland Vessels Act 1917 was repealed and replaced by the Inland Vessels Act 2021 (the IVA 2021). Section 8(1) of the General Clauses Act 1897 provides that, when reference is made to a provision in any enactment which is repealed, it must be construed as referring to the provision re-enacted by the new legislation. The IVA 2021 now provides:

3. Definitions. - (q) 'inland vessel' includes any mechanically propelled inland vessel or non-mechanically propelled inland vessel which is registered and plying in inland waters, but does not include - (i) a fishing vessel registered under the Merchant Shipping Act, 1958 (44 of 1958) or the Marine Products Development Authority Act, 1972 (13 of 1972); and (ii) any vessel that are specified as not to be inland vessels by notification by the Central Government. Explanation. - For the purposes of this clause, it is clarified that a vessel registered under the Merchant Shipping Act, 1958 (44 of 1958) and plying within the inland waters shall be deemed to be an inland vessel registered under this Act ...

Held: The AA is applicable to the defendant vessel. The vessel is liable to be arrested.

In order to come under the definition of 'inland vessel' under s 3(q) of the IVA 2021, the vessel must both be registered, and also be plying inland waters. The defendant is not registered under the relevant provision. It is also not plying inland waters. Hence, the defendant does not come within the definition of an 'inland vessel' under s 3(q) of the IVA 2021, to exclude it from the application of the AA. The AA is thus applicable to the defendant vessel.

The next question is whether the applicant has made out a reasonably arguable best case. The application reveals maritime claims under ss 4(1)(m) and 4(1)(r) of the AA. The applicant has therefore made out a reasonably best arguable case for the arrest of the vessel. The vessel is liable to be arrested under s 5 of the AA.