Prevention of Pollution of the Sea Bill

Bill No. 17/1990

Read the first time on 18th July 1990.
An Act to enable effect to be given to the International Convention for the Prevention of Pollution from Ships 1973 as modified and added to by the Protocol of 1978 and to make provisions generally for preventing the pollution of Singapore waters and for matters related thereto, and to repeal the Prevention of Pollution of the Sea Act (Chapter 243 of the 1985 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 Act 1990 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
2.—(1)  In this Act, unless the context otherwise requires —
“appointed authority” means the Director of Marine, the Port of Singapore Authority and any person appointed by the Minister for the purposes of this Act or any regulations made thereunder;
“Convention” means the Convention of 1973 as modified and added to by the Protocol of 1978;
“Convention of 1973” means the International Convention for the Prevention of Pollution from Ships (including its protocols, annexes and appendices) which constitutes attachment 1 to the final act of the International Conference on Marine Pollution signed in London on 2nd November 1973;
“Director” means the Director of Marine appointed under section 6 of the Merchant Shipping Act [Cap. 179] and includes the Deputy Director of Marine appointed under that section;
“discharge”, in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship, place or thing and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying but does not include —
(a)release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or
(b)release of harmful substances for purposes of legitimate scientific research into pollution abatement or control;
“garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships;
“harmful substance” means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control under this Act;
“inspector” means a person who —
(a)is a surveyor of ships; or
(b)is appointed in writing by the Director to be an inspector for the purposes of this Act or any regulations made thereunder;
“in packaged form” means in an individual package or receptacle including a freight container or a portable tank or tank container or tank vehicle or shipborne barge or other cargo unit containing harmful substances for shipment;
“marine pollutant” means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time;
“MARPOL” refers to the Convention;
“MARPOL surveyor” means a surveyor appointed or registered by the Director or by or on behalf of the government of a state party to the Convention;
“master” includes every person, except a pilot, having command or charge of any ship;
“noxious liquid substance” means any substance which is prescribed by regulations as being a noxious liquid substance and which is subject to the provisions of Annex II of the Convention;
“occupier”, in relation to any place on land if it has no actual occupier, means the owner thereof and, in relation to a railway wagon or road vehicle, means the person in charge of the wagon or road vehicle and not the occupier of the land on which the wagon or vehicle stands;
“oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are prescribed by regulations as being subject to the provisions of Annex II of the Convention) and, without limiting the generality of the foregoing, includes the substances prescribed by regulations as being listed in Appendix I of Annex I of the Convention;
“oily mixture” means a mixture with an oil content of 15 parts or more in 1,000,000 parts of the mixture;
“oil residues” means any waste material consisting of, or arising from, oil or an oily mixture;
“oil terminal” means any place having permanent means of loading or discharging oil whether in bulk or package, into or from any ship;
“owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship or the bareboat charterer of the ship; and in the case of a ship owned by a state and operated by a company which in that state is registered as the ship’s operator, “owner” shall include such state;
“place on land” includes anything resting on the bed or shore of the sea, or of Singapore waters, and also includes anything afloat (other than a ship) if it is anchored or attached to the bed or shore of the sea or of Singapore waters;
“plastics” includes, but is not limited to, synthetic ropes, synthetic fishing nets and plastic garbage bags;
“port” has the same meaning as is assigned to it in the Port of Singapore Authority Act [Cap. 236];
“Port Master” means the Port Master appointed under section 30 of the Port of Singapore Authority Act and includes any Deputy Port Master appointed under that section;
“Port of Singapore Authority” means the Port of Singapore Authority established under the Port of Singapore Authority Act;
“Protocol of 1978” means the Protocol relating to the Convention of 1973 which constitutes attachment 2 to the final act of the International Conference on Tanker Safety and Pollution Prevention signed in London on 17th February 1978;
“reception facilities” means facilities which enable ships to discharge or deposit residues and mixtures, which residues and mixtures contain oil or noxious liquid substances;
“ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air cushion vehicles, submersibles, floating craft and fixed or floating platforms;
“Singapore ship” means a ship registered under Part XIII of the Merchant Shipping Act [Cap. 179];
“Singapore waters” means the following waters:
(a)the whole of the sea within the seaward limits of the territorial waters of Singapore; and
(b)all other waters (including inland waters) which are within these limits and are subject to the ebb and flow of the ordinary tides;
“surveyor of ships” means a surveyor of ships appointed under section 8 of the Merchant Shipping Act;
“tank” means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk;
“terminal” means any terminal, (including an oil terminal), jetty, pier or mono-buoy, and a yard or drydock (including the precincts thereof) in which vessels are constructed, reconstructed, repaired, refitted, finished or broken up;
“terminal operator” means a person or body of persons, other than the Port of Singapore Authority, having, for the time being, the management of a terminal in Singapore;
“trade effluent” means the solid or liquid waste of any trade, business or manufacture.
(2)  For the purpose of any provision of this Act relating to the discharge of oil, an oily mixture, refuse, garbage, waste matter, plastics, marine pollutant in packaged form, noxious liquid substance or trade effluent from a ship, any floating craft other than a ship which is attached to a ship shall be treated as part of the ship.
(3)  Any reference in this Act to the discharge of any oil or noxious liquid substance from a ship or place on land shall, unless the context otherwise requires, be construed as a reference to the discharge of the oil or substance from the ship or place on land at any place in or outside the area of Singapore and the reference to the area of Singapore shall include the territorial waters of Singapore.