No. S 364
Prevention of Pollution of the Sea Act
(Chapter 243)
Prevention of Pollution of the Sea (Reception Facilities) (Amendment) Regulations 1999
In exercise of the powers conferred by sections 11 (8) and 34 of the Prevention of Pollution of the Sea Act, the Maritime and Port Authority of Singapore, with the approval of the Minister for Communications and Information Technology, hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Prevention of Pollution of the Sea (Reception Facilities) (Amendment) Regulations 1999 and shall come into operation on 27th August 1999.
Amendment of heading
2.  The heading to the Prevention of Pollution of the Sea (Reception Facilities) Regulations (Rg 4) (referred to in these Regulations as the principal Regulations) is amended by inserting, immediately after the words “RECEPTION FACILITIES”, the words “AND GARBAGE FACILITIES”.
Amendment of regulation 1
3.  Regulation 1 of the principal Regulations is amended by inserting, immediately after the words “Reception Facilities”, the words “and Garbage Facilities”.
Amendment of regulation 2
4.  Regulation 2 of the principal Regulations is amended —
(a)by deleting “—(1)” in the 1st line;
(b)by inserting, immediately after the definition of “Annex II”, the following definition :
“ “Annex V” means Annex V to the Convention which contains regulations for the prevention of pollution by garbage;”; and
(c)by inserting, immediately after the definition of “combination carrier”, the following definition:
“ “garbage facilities” means facilities which enable ships to discharge or deposit garbage;”.
Deletion and substitution of regulation 3
5.  Regulation 3 of the principal Regulations is deleted and the following regulation substituted therefor:
Application
3.—(1)  The provisions of these Regulations in respect of reception facilities shall apply in relation to the port, or any terminal, if it is used by oil tankers, chemical tankers or other ships carrying residues or mixtures which contain oil or noxious liquid substances.
(2)  The provisions of these Regulations in respect of garbage facilities shall apply in relation to the port, or any terminal, if it is used by ships carrying garbage.
(3)  Without prejudice to the generality of paragraphs (1) and (2), a ship is taken to use the port or a terminal if it undergoes repair or is broken up in the port or terminal.”.
Amendment of regulation 4
6.  Regulation 4 of the principal Regulations is amended by deleting the words “Port of Singapore”.
Amendment of regulation 5
7.  Regulation 5 of the principal Regulations is amended —
(a)by deleting the words “Port of Singapore” in the 1st line;
(b)by deleting the words “(excluding terminals within the port which are not managed by the Authority)” in the 2nd and 3rd lines; and
(c)by deleting the words “from 1st February 1991” in the 4th line.
New regulations 5A and 5B
8.  The principal Regulations are amended by inserting, immediately after regulation 5, the following regulations:
Provision of garbage facilities
5A.—(1)  The Authority shall ensure that the port has adequate garbage facilities.
(2)  A terminal operator shall ensure that each terminal managed by him has adequate garbage facilities.
(3)  Paragraph (2) does not apply to a terminal operator in respect of an oil or chemical terminal operated by him unless the Authority has served on him a notice to provide adequate garbage facilities at the terminal.
(4)  For the purposes of this regulation, garbage facilities are considered to be adequate if they are suitable for use by ships using the port or terminal concerned and if the use of the facilities does not cause undue delay to the ships.
Obtaining information
5B.  The Port Master may by notice require any person whom the Port Master has reason to believe has any information in respect of any garbage facility at the port or any terminal to furnish the information to the Port Master in the manner specified in the notice.”.
Amendment of regulation 6
9.  Regulation 6 of the principal Regulations is amended by deleting paragraphs (1) and (2) and substituting the following paragraphs:
(1)  The Authority providing reception facilities or garbage facilities, a person providing such facilities by arrangement with the Authority, or a terminal operator providing such facilities may —
(a)impose conditions in respect of the use of the facilities insofar as such conditions are not in conflict with the requirements of these Regulations and the Convention; and
(b)levy reasonable charges for the use of the facilities.
(2)  Any reception facility or garbage facility provided at the port or any terminal shall be made available for use by any ship which, in the opinion of the Authority or terminal operator (as the case may be), uses the port or terminal for a primary purpose other than the use of those facilities, on payment of all charges levied, and subject to compliance with all of the conditions imposed, under paragraph (1).”.
Amendment of regulation 7
10.  Regulation 7 of the principal Regulations is amended —
(a)by deleting paragraph (1) and substituting the following paragraphs:
(1)  The master of any ship with residues or mixtures containing oil or noxious liquid substances to be discharged shall, before proceeding to any terminal, make adequate arrangements for the discharge of such residues or mixtures into reception facilities.
(1A)  The master of any ship with garbage to be discharged shall, before proceeding to any terminal, make adequate arrangements for the discharge of such garbage into garbage facilities.”; and
(b)by inserting, immediately after the words “paragraph (1)” in paragraph (3), the words “, (1A)”.
Amendment of regulation 8
11.  Regulation 8 of the principal Regulations is amended —
(a)by inserting, immediately after the word “Regulations” in paragraph (1), the words “or a notice of the Port Master referred to in regulation 5B”;
(b)by deleting “$10,000” in paragraphs (1) and (2) (5th line) and substituting in each case “$20,000”; and
(c)by deleting the words “Any master who, pursuant to regulation 6 (3) or 7 (2),” in the 1st line of paragraph (2) and substituting the words “Any person who, being required under regulation 6 (3) or 7 (2) or a notice under regulation 5B to provide information to the Port Master,”.
Amendment of regulation 9
12.  Regulation 9 (2) of the principal Regulations is amended by deleting “$10,000” in the 7th line and substituting “$20,000”.
Amendment of regulation 10
13.  Regulation 10 of the principal Regulations is amended by inserting, immediately after the word “substances” in the 3rd line, the words “, or garbage,”.
Amendment of regulation 11
14.  Regulation 11 of the principal Regulations is amended —
(a)by deleting the words “Port of Singapore” in paragraph (1); and
(b)by deleting paragraph (2) and substituting the following paragraph:
(2)  The Authority may, if it thinks fit, remit or refund any fee or part thereof specified in the Schedule.”.
Deletion and substitution of Schedule
15.  The Schedule to the principal Regulations is deleted and the following Schedule substituted therefor:
THE SCHEDULE
Regulation 11
fees
 
First column
Second column
1.
Disposal of garbage
(i) $900 per bin or part thereof per trip
 
 
(ii) $1,200 for 2 bins or part thereof per trip
2.
Miscellaneous fees
 
 
(a) Cancellation and amendment fees:
 
 
If a request for garbage disposal services specified in the Schedule is subsequently cancelled or amended, the following fees for each cancellation or amendment of the request shall also be payable:
 
 
(i) if the request is cancelled or amended not less than 2 hours before the service is required
Nil
 
 
(ii) if the request is cancelled or amended less than 2 hours before the service is required
$450
 
 
(b) Detention charges:
 
 
 
If any barge provided for the garbage disposal services requested is kept waiting alongside the vessel or is kept waiting for the arrival of the vessel before it can commence disposal operations, for every hour or part thereof that the barge is so kept waiting
 
 
 
$300
 
3.
For the purposes of item 2 (a), amendments of orders include changes in the time or location of the service requested.”.

Made this 25th day of August 1999.

PETER HO HAK EAN
Chairman,
Maritime and Port Authority
of Singapore.
[MPA 42/8.07 V1 (LD)/TME; AG/LEG/SL/243/98/1 Vol. 1]