Prevention of Pollution of the Sea (Amendment) Act 1999

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 22]

Friday, June 4

[1999

The following Act was passed by Parliament on 11th February 1999 and assented to by the President on 20th February 1999:—

Prevention of Pollution of the Sea (Amendment) Act 1999

(No. 8 of 1999)

I assent.

ONG TENG CHEONG,

President.

20th February 1999.

Date of Commencement: 10th June 1999

An Act to amend the Prevention of Pollution of the Sea Act (Chapter 243 of the 1991 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Prevention of Pollution of the Sea (Amendment) Act 1999 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Repeal and re-enactment of long title

2. The long title of the Prevention of Pollution of the Sea Act (referred to in this Act as the principal Act) is repealed and the following long title substituted therefor:

“An Act to give effect to the International Convention for the Prevention of Pollution from Ships 1973 as modified and added to by the Protocol of 1978, and to other international agreements relating to the prevention, reduction and control of pollution of the sea and pollution from ships; to make provisions generally for the protection of the marine environment and for the prevention, reduction and control of pollution of the sea and pollution from ships, and for matters related thereto.”.

Amendment of section 2

3. Section 2 of the principal Act is amended —

(a)

by deleting the words “, other than the Port of Singapore Authority, having, for the time being,” in the definition of “terminal operator” in subsection (1) and substituting the word “having”; and

(b)

by inserting, immediately after subsection (3), the following subsection:

“(4) Any reference in this Act to the Convention or any other international agreement shall be construed as including a reference to its protocols, annexes, appendices and other attachments.”.

Amendment of section 3

4. Section 3 of the principal Act is amended by deleting “$500” and “$500,000” in the 14th line and substituting “$1,000” and “$1 million”, respectively.

Amendment of section 7

5. Section 7 (1) of the principal Act is amended by deleting “$500” and “$500,000” in the 7th line and substituting “$1,000” and “$1 million”, respectively.

Amendment of section 8

6. Section 8 (1) of the principal Act is amended by deleting “$500,000” at the end thereof and substituting “$1 million”.

Amendment of section 11

7. Section 11 of the principal Act is amended by deleting the words “(excluding terminals within the port which are not managed by the Authority)” in the following subsections:

Subsections (3) (3rd and 4th lines), (5) (5th and 6th lines) and (7) (2nd and 3rd lines).

New section 33A

8. The principal Act is amended by inserting, immediately after section 33, the following section:

“Fines, etc., to be paid to Authority

33A. All fines imposed for any offence under this Act or any regulations made thereunder and all sums collected under section 33 shall be paid into the funds of the Authority.”.

Amendment of section 34

9. Section 34 of the principal Act is amended —

(a)

by deleting the words “giving effect to the following” in the 5th line of subsection (1);

(b)

by deleting paragraphs (a) and (b) of subsection (1) and substituting the following paragraphs:

“(a)	giving effect to any provision of the Convention which has not been given effect to in this Act;
(b)	giving effect to any provision of the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 (including the Final Act of the Conference and the attached resolutions) signed in London on 30th November 1990;
(c)	giving effect to any provision of any international agreement not mentioned in paragraph (a) or (b) which relates to the prevention, reduction or control of pollution of the sea or pollution from ships;
(d)	giving effect to any international agreement which modifies any of the international agreements mentioned in paragraphs (a), (b) and (c); and
(e)	prescribing any measure which the Authority considers necessary for the prevention, control or reduction of pollution of the sea or pollution from ships.”;

(c)

by deleting paragraphs (b) and (c) of subsection (2) and substituting the following paragraph:

“(b)

require the owners or operators of cargo terminals, shipyards, oil refineries and oil terminals in Singapore, and such other facilities in Singapore as the Port Master may determine, to store such detergents, dispersants and equipment as the Authority may prescribe to deal with any pollution of Singapore waters;”;

(d)

by deleting paragraph (g) of subsection (2) and substituting the following paragraph:

“(g)

provide for the approval of documents and the carrying out of surveys and inspections for the purpose of giving effect to any of the international agreements referred to in subsection (1)(a) to (d), or to a measure referred to in subsection (1)(e) and the issue, duration and recognition of any certificate for that purpose;”;

(e)

by deleting the full-stop at the end of paragraph (h) of subsection (2) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(i)	provide for the extra territorial application of any of the regulations to Singapore ships and to persons on board such ships.”; and

(f)

by deleting “$10,000” in subsection (3)(e) and substituting “$20,000”.

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