Maritime and Port Authority of Singapore (Dangerous Goods, Petroleum and Explosives) Regulations 2005

No. S 24

Maritime and Port Authority of Singapore Act

(Chapter 170A)

Maritime and Port Authority of Singapore (Dangerous Goods, Petroleum and Explosives) Regulations 2005

In exercise of the powers conferred by section 41 of the Maritime and Port Authority of Singapore Act, the Maritime and Port Authority of Singapore, with the approval of the Minister for Transport, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Maritime and Port Authority of Singapore (Dangerous Goods, Petroleum and Explosives) Regulations 2005 and shall come into operation on 31st January 2005.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“approved magazine” means any magazine constructed in accordance with the recommendations laid down by IMO;

“approved strong-room” means any strong-room or safe approved by the Authority for the safe-keeping of arms;

“approved wharf” means a wharf approved by the Authority for the purposes of these Regulations;

“arms” includes —

(a)

arms, air-guns, air-pistols, automatic guns, automatic pistols, or any other kind of gun from which —

(i)	a shot, bullet or other missile can be discharged; or
(ii)	noxious fumes can be emitted,

and any component part of such arms; and

(b)

bayonets, swords, daggers, spears and spearheads;

“authorised officer” means —

(a)	an employee of the Authority authorised by the Authority for the purposes of these Regulations;
(b)	a police officer or customs officer; or
(c)	any other person authorised by the Authority in writing for the purposes of these Regulations;

“certificate” means a certificate of freedom from flammable vapour issued by an Inspector of Petroleum under regulation 18;

“Class ‘A’ petroleum” means any petroleum the flash-point of which is less than 23 degrees Celsius and includes liquefied petroleum gas;

“Class ‘B’ petroleum” means any petroleum the flash-point of which is 23 degrees Celsius or more but less than 60 degrees Celsius;

“Class ‘C’ petroleum” means any petroleum the flash-point of which is 60 degrees Celsius or more;

“dangerous cargoes” —

(a)

means any of the following cargoes, whether packaged, carried in bulk packagings or in bulk:

(i)	oils covered by Annex I of MARPOL 73/78;
(ii)	gases covered by the Codes for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
(iii)	noxious liquid substances or chemicals, including wastes covered by the Codes for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk and Annex II of MARPOL 73/78;
(iv)	dangerous, hazardous and harmful substances, materials and articles, including environmentally hazardous substances (marine pollutants) and wastes, covered by the IMDG Code; or
(v)	solid bulk materials possessing chemical hazards and solid bulk materials hazardous only in bulk (MHBs) including wastes, covered by Appendix B of the Code of Safe Practice for Solid Bulk Cargoes; and

(b)

includes any empty uncleaned packagings (such as tank-containers, receptacles, intermediate bulk containers (IBCs), bulk packagings, portable tanks or tank vehicles) which previously contained dangerous cargoes unless the packagings have been —

(i)	sufficiently cleaned of residue of the dangerous cargoes, and purged of vapours, so as to nullify any hazard; or
(ii)	filled with a non-dangerous substance;

“dangerous goods” means dangerous cargoes in packaged form;

“explosive” means any explosive within the meaning of the Arms and Explosives Act (Cap. 13);

“First Schedule dangerous goods” means any substance or article specified in the First Schedule;

“hot work” includes any repair or alteration involving chipping, grinding, drilling, riveting, welding, burning, or other fire, spark or heat producing operation;

“IMDG Code” means the International Maritime Dangerous Goods Code issued by IMO and such amendment thereto from time to time as may be adopted by Singapore;

“IMO” means the International Maritime Organisation;

“in bulk” means a homogeneous cargo stored loose in a free flowing tank and which must be handled by pumping;

“Inspector” means an inspector appointed under the Petroleum Act (Cap. 229) or an Inspector of Petroleum;

“Inspector of Dangerous Goods” means a person appointed as an Inspector of Dangerous Goods under regulation 69;

“Inspector of Explosives” means a person appointed as an Inspector of Explosives under the Arms and Explosives (Explosives) Rules (Cap. 13, R 2);

“Inspector of Petroleum” means a person appointed as an Inspector of Petroleum under regulation 27;

“MARPOL 73/78” 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, as modified and added to by the Protocol of 1978;

“oil terminal” means any place having permanent means of loading or discharging petroleum, whether in bulk or packaged, into or from any vessel;

“petroleum” includes —

(a)

the liquids commonly known by the names of Rock oil, Rangoon oil, Burma oil, kerosene, paraffin oil, petrol, gasoline, benzol, benzoline, benzine or naptha; and

(b)

any like flammable liquid, which is —

(i)	a natural product;
(ii)	a product made from petroleum, coal, schist, shale or any other bituminous substance; or
(iii)	a by-product of a substance referred to in sub-paragraph (i) or (ii);

“terminal manager” means a terminal manager, any person in charge of a wharf, or a representative of the terminal manager or person in charge of the wharf.

(2) In these Regulations, a reference to any special anchorage, petroleum anchorage, quarantine anchorage, immigration anchorage, explosives anchorage or dangerous goods anchorage means an anchorage —

(a)	designated as such under the Maritime and Port Authority of Singapore (Port) Regulations (Rg 7); or
(b)	declared as such by the Port Master under section 43(d) of the Act.

PART I

CARRIAGE OF PETROLEUM

Division 1 — Preliminary provisions

Compliance with this Part

3.—(1) No person shall within the port —

(a)	handle, import, export, load, discharge, transport or otherwise deal with petroleum; or
(b)	cause or permit petroleum to be handled, imported, exported, loaded, discharged, transported or otherwise dealt with,

except in accordance with this Part and the recommendations made by IMO that are accepted by the Authority.

(2) If there is a conflict between these Regulations and the recommendations made by IMO referred to in paragraph (1), these Regulations shall prevail.

Exemption from this Part

4. This Part shall not apply to the carriage of petroleum in properly sealed containers where the aggregate quantity of the petroleum does not exceed 25 litres.

Power to board vessels

5.—(1) For the purposes of this Part, an authorised person may —

(a)	go on board any vessel within the port whenever he suspects that an offence against any provision of these Regulations has been, or is about to be, committed in or on any vessel; and
(b)	seek such assistance as may be necessary.

(2) In paragraph (1), “authorised person” means the Port Master, an Inspector of Petroleum or the authorised representative of the Port Master or of the Director of Marine.

Division 2 — Tests and licensing

Tests to determine class of petroleum

6.—(1) For the purposes of this Part —

(a)	to determine whether a sample of petroleum is Class ‘C’ petroleum, a test shall be carried out by means of the standard Pensky-Martens Closed Tester to determine its flash-point; and
(b)	to determine whether a sample of petroleum is of a class other than Class ‘C’ petroleum, a test shall be carried out by means of the standard Abel Closed Tester to determine its flash-point.

(2) Notwithstanding paragraph (1), the Authority may allow the determination of the class of petroleum to which a sample of petroleum belongs to be carried out by means of such other test as may be acceptable to the Authority.

Restrictions on carriage of Class ‘A’ or ‘B’ petroleum

7. No person shall cause or permit Class ‘A’ petroleum or Class ‘B’ petroleum to be carried on board a vessel, other than any of the following vessels, within the port limits:

(a)	a vessel licensed under the Maritime and Port Authority of Singapore (Harbour Craft) Regulations (Rg 3);
(b)	a vessel certified by a classification society recognised for this purpose by the Director of Marine as having been constructed to carry Class ‘A’ petroleum or Class ‘B’ petroleum either in bulk or in packages; or
(c)	a vessel certified by the Director of Marine as having been constructed to carry Class ‘A’ petroleum or Class ‘B’ petroleum either in bulk or in packages.

Quantity of Class ‘A’ petroleum which may be carried on deck of vessel

8. The owner, agent or master of a vessel that is licensed to carry petroleum shall not cause or permit to be carried on the deck of the vessel a quantity of Class ‘A’ petroleum that exceeds —

(a)

500 litres, where the vessel is within any of the following areas:

(i)	the full extent of all rivers entering the port; or
(ii)	the area described in the Second Schedule; or

(b)

100,000 litres, where the vessel is in any other area of the port.

Notice of arrival

9. The owner, agent or master of a vessel carrying Class ‘A’ petroleum or Class ’B’ petroleum on board as cargo shall give notice of the vessel’s arrival at the port to the Port Master —

(a)	before the vessel arrives at the port; or
(b)	if it is impracticable to give notice before arrival at the port, upon arrival at the port.

Notice of departure

10. The owner, agent or master of a vessel about to leave the port with Class ‘A’ petroleum or Class ‘B’ petroleum on board as cargo shall give notice to the Port Master of that fact.

Directions on entering port

11.—(1) No person shall cause or permit a vessel that is carrying Class ‘A’ petroleum or Class ‘B’ petroleum as the whole or part of the vessel’s cargo or that carried such petroleum as the whole or part of the vessel’s last cargo to proceed to —

(a)

any place within the port unless the following parts of the vessel have been certified free from flammable vapour by an Inspector of Petroleum:

(i)	all cargo compartments and systems connected with the carriage of Class ‘A’ petroleum or Class ‘B’ petroleum; and
(ii)	such other parts of the vessel as an Inspector thinks necessary; or

(b)

any local shipyard or repair facility, unless an Inspector has inspected the fuel oil tanks of the vessel and is satisfied that the petroleum vapour in the tanks is 50% of the lower explosive limit or below 50% of the lower explosive limit.

(2) Paragraph (1)(a) shall not apply to a vessel proceeding to a petroleum anchorage, a special anchorage or an oil terminal.

Loading and discharging and other operations

12.—(1) No person shall load or discharge petroleum within the port except at such place or places as the Authority may allow.

(2) A person who wishes to ballast or gas-free any vessel within the port after the carriage of petroleum in the vessel shall notify the Port Master who may —

(a)	direct where the ballasting or gas-freeing operations are to be carried out; and
(b)	impose such conditions in respect of the ballasting or gas-freeing operations as the Port Master thinks fit.

Restrictions on cleaning or gas-freeing of tanks

13.—(1) No person shall cause or permit the cleaning or gas-freeing of a vessel’s tanks unless he has applied for and obtained the written permission of the Port Master.

(2) An application for permission under paragraph (1) shall be accompanied by full details of the arrangements proposed for the disposal of sludge, residue or waste material.

(3) The owner of the vessel, the person-in-charge of the vessel and the person-in-charge of the tank-cleaning or gas-freeing operations shall ensure that no person employed in the cleaning or gas-freeing of the tanks —

(a)	smokes; or
(b)	carries or takes into the tank any matches or other substance that produces, or is capable of producing, a fire or spark.

Compliance with acceptable standards of safety

14. The owner or operator of a wharf at which a vessel loads or discharges Class ‘A’ petroleum or Class ‘B’ petroleum shall ensure that all loading, discharging or ballasting operations are carried out in accordance with safety standards acceptable to the Authority, including the safety guidelines set out in the International Safety Guide for Oil Tankers and Terminals, as amended from time to time.

Compliance with specific safety measures

15. The owner, agent or master of a vessel shall provide —

(a)

a competent member of the engine room staff to be available to operate fire pumps or other fire extinguishing apparatus on the vessel;

(b)

a sufficient number of crew members to adequately assist the person referred to in paragraph (a) and the engineer;

(c)

in the case of a vessel on which petroleum is loaded or discharged or on which ballasting, tank-cleaning or gas-freeing operations are carried out, a sufficient number of officers and men to carry out the loading, discharging or operations efficiently at all times and, if necessary, to move the vessel; and

(d)

a watchman to be stationed at each gangway leading to the vessel —

(i)	to prevent smoking by any person on or near the vessel;
(ii)	to prevent access onto the vessel by any unauthorised person; and
(iii)	to warn all persons on or near the vessel that flammable goods are being handled on the vessel.

Restrictions on hot work, high speed drilling and other similar operations

16. No person shall cause or permit any hot work, high speed drilling or other similar operation to be carried out on any waterfront facility or vessel within the port limits during the handling, storing, stowing, loading, discharging or transporting of petroleum on the waterfront facility or vessel.

Carrying out of hot work, high speed drilling or other similar operations or ship-breaking or dismantling operations

17.—(1) The owner of a shipyard or his employee or agent who has control over any works to be carried out in a shipyard shall ensure that the following works shall not be carried out in the shipyard or in any compartment or pipeline of a vessel which contains, or had contained, petroleum unless a certificate is issued in respect of the work to be carried out:

(a)	hot work or high speed drilling; and
(b)	other fire, spark or heat producing operation.

(2) The owner, agent or master of a vessel shall ensure that no hot work, high speed drilling or any other fire, spark or heat producing operation is carried out on or in any vessel at any petroleum anchorage or dangerous goods anchorage.

(3) The owner, agent or master of a vessel that is within the port shall ensure that no hot work, high speed drilling or any other fire, spark or heat producing operation is carried out —

(a)	on or in the vessel if the vessel carried petroleum as the whole or part of her last cargo; or
(b)	on or in any compartment or pipeline of the vessel that contained petroleum,

unless a certificate is issued in respect of the work to be carried out.

(4) The owner, agent or master of a vessel shall ensure that no ship-breaking or dismantling operation is carried out on the vessel unless a certificate is issued in respect of the work to be carried out.

(5) This regulation shall not apply to the carrying out of any hot work for which a hot-work permit has been issued under regulation 40 of the Factories (Shipbuilding and Ship-repairing) Regulations (Cap. 104, Rg 11).

Issue of certificate of freedom from flammable vapour

18.—(1) The certificate that is required for the purposes referred to in regulation 17(1), (3) and (4) shall be a certificate of freedom from flammable vapour.

(2) An application for a certificate for a purpose referred to in regulation 17(1), (3) or (4) shall be made by the master of the vessel concerned or by a person who is in charge of the works proposed to be carried out to or on the vessel.

(3) In considering whether to issue a certificate, an Inspector of Petroleum may, if he considers it necessary —

(a)	require the applicant to provide any information; and
(b)	examine the vessel or any part thereof.

(4) In issuing a certificate under this regulation, the Inspector of Petroleum may impose such conditions as he thinks fit.

(5) A certificate shall not be valid if, after the certificate has been issued —

(a)	any pipeline, valve, heating coil or pump on the vessel is altered;
(b)	the scale or sediment is removed from a compartment of the vessel; or
(c)	the ballast conditions of the vessel have been changed.

Display of certificate of freedom from flammable vapour

19.—(1) Subject to paragraph (2), where a certificate has been issued, the master of the vessel shall —

(a)	display a copy of the certificate prominently at the main gangway to the vessel or, if this is not practicable, at the main access to the vessel at all times; and
(b)	produce the certificate on the request of any authorised officer or any person who is empowered or authorised under any written law to request the production of such a certificate.

(2) No person shall display any certificate that is forged or altered, or is invalid by virtue of regulation 18(5).

Pump-room sea-suction valves

20.—(1) The owner, agent or master of a vessel carrying petroleum in bulk shall ensure that —

(a)	all pump-room sea-suction valves on the vessel are chain locked and sealed;
(b)	a record of the locking and sealing is made in an appropriate log book; and
(c)	no such seal is broken except in an emergency.

(2) Where there is an emergency, the pump-room sea-suction valve may be opened on the authority of the master of the vessel who shall cause that fact and the nature of the emergency to be recorded in the log book referred to in paragraph (1)(b).

Loading and discharging of petroleum in port

21. The owner, agent or master of a vessel onto or from which petroleum of any description is being loaded or discharged anywhere in the port shall —

(a)

ensure that all scuppers and overside deck openings are plugged so as to prevent the escape of any petroleum into the sea; and

(b)

ensure that towing-off wires are secured forward and aft and that such wires are —

(i)	capable of bearing any strain which may be necessary to be imposed upon them in towing-off the vessel;
(ii)	suspended such that the eyes shall not be more than 2 metres above the level of the sea; and
(iii)	of such length as to provide an effective towing length of not less than 50 metres.

Use of specific anchorages and terminals

22. Subject to section 43 of the Act, the owner, agent or master of a vessel loaded with Class ‘A’ petroleum or Class ‘B’ petroleum shall not cause or permit the vessel to anchor or berth within the port limits except —

(a)	within a petroleum anchorage or a special anchorage, or at an oil terminal; or
(b)	with the permission of the Port Master.

Limit to time within which petroleum may remain in wharf, etc.

23. No person shall cause or permit petroleum to be placed on a wharf, the foreshore or other similar place for a period of time longer than is reasonably necessary for the loading or discharging of the petroleum or for the petroleum to be transported.

Limit to time within which vessels may remain in port

24. The owner, agent or master of a vessel, which has on board as cargo any Class ‘A’ petroleum or Class ‘B’ petroleum, whether for transport or storage, shall ensure that —

(a)	the vessel does not remain within the port limits except in a petroleum anchorage or at an oil terminal; and
(b)	the vessel does not remain within the port limits for a period of time longer than is reasonably necessary for the loading or discharging, or ballasting after discharge, of such petroleum.

Prohibition on handling by night

25.—(1) No person shall cause or permit Class ‘A’ petroleum to be loaded or discharged onto or from any vessel or otherwise handled on any vessel between 7 p.m. and 7 a.m., except for the loading or discharging of such petroleum in bulk onto or from any vessel constructed for the carriage of petroleum in bulk.

(2) No person shall cause or permit general cargo to be handled between 7 p.m. and 7 a.m. on any vessel on which there is Class ‘A’ petroleum in bulk unless he has obtained the written permission of the Port Master.

Conditions of discharge

26.—(1) No person shall cause or permit Class ‘A’ petroleum or Class ‘B’ petroleum to be discharged within the port from any vessel unless the owner, agent or master of the vessel has applied for and obtained —

(a)	the permission of the Port Master; and
(b)	in the case of a vessel berthed or moored at a wharf, the permission of the terminal manager.

(2) The Port Master and the terminal manager may each, in granting his permission, impose such conditions as he thinks fit.

Appointment of Inspectors of Petroleum

27.—(1) The Authority may appoint Inspectors of Petroleum who may each —

(a)

board any vessel that is carrying petroleum on board, or that is being prepared to carry petroleum, for the purpose of —

(i)	examining the vessel and its cargo; or
(ii)	taking and testing samples of the petroleum being carried; and

(b)

board any vessel that has carried Class ‘A’ petroleum or Class ‘B’ petroleum as the whole or part of the vessel’s last cargo for the purpose of certifying that the vessel, or such part of the vessel that is accessible, is in the opinion of the Inspector of Petroleum free from flammable vapour.

(2) The taking and testing of samples under paragraph (1) shall be carried out in accordance with such procedures and standards as the Authority may determine.

Division 3 — Packed cargo

Carriage of packaged petroleum

28. When packaged petroleum is carried on board a vessel, the owner, agent or master of the vessel shall ensure that the carriage of packaged petroleum complies with the provisions in the IMDG Code.

Restrictions on handling of Class ‘A’ petroleum

29. No person shall cause or permit any packaged petroleum product or dangerous goods of any description to be handled on a vessel while the vessel is engaged in —

(a)	loading or discharging Class ‘A’ petroleum in bulk; or
(b)	ballasting after discharging of Class ‘A’ petroleum in bulk.

Division 4 — Safety (General)

Leaking or damaged receptacle

30.—(1) No person shall cause or permit a leaking receptacle containing petroleum to be placed on board any vessel.

(2) The owner, agent or master of a vessel in which there is a leaking or damaged receptacle containing petroleum shall —

(a)

ensure that all loading and discharging operations cease immediately on discovery of the leak or damage;

(b)

inform the Port Master and, if the vessel is berthed at a wharf or terminal, the terminal manager, of the leaking or damaged receptacle as soon as possible; and

(c)

comply with all directions of —

(i)	the Port Master or his authorised representative; and
(ii)	if the vessel is berthed at a wharf or terminal, the terminal manager,

relating to the handling and storage of the leaking or damaged receptacle.

Safety measures

31.—(1) The owner, agent or master of a vessel shall ensure that no person is permitted to enter or remain in a compartment of a vessel that contained petroleum unless he has taken or caused to be taken all precautions to guard against the ignition of flammable vapour and the toxic effect of the flammable vapour.

(2) The owner, agent or master of a vessel shall ensure that no person is permitted to work in a compartment of a vessel that contained petroleum unless —

(a)

the compartment is efficiently ventilated by spark free equipment;

(b)

all tools and equipment used are of a non-sparking type;

(c)

the person working in the compartment does not —

(i)	carry on his person matches or other means of ignition; or
(ii)	wear any footwear in the compartment which is liable to cause any spark;

(d)

not less than one set of efficient breathing apparatus and 2 efficient life lines are placed near to the access to the compartment and are ready for immediate use;

(e)

the lighting provided is adequate for the purpose of the work to be done and is of an intrinsically safe type; and

(f)

any work to be carried out is done so under the personal supervision of a responsible person who is —

(i)	fully conversant with these Regulations and the relevant provisions of the Factories Act (Cap. 104) and of any other written law; and
(ii)	approved by the master of the vessel.

(3) No person shall cause or permit naked or artificial light, other than an intrinsically safe self-contained light, to be used in the hold of any vessel on which petroleum is or was carried.

(4) No person shall cause or permit radio receiving sets, including transistor sets, to be brought or kept in any hold or compartment containing petroleum.

(5) The owner, agent or master of a vessel shall ensure that no fire alarm point or emergency call box is located at any part of the vessel where it is likely to be rendered inactive by an explosion.

Precautions to prevent accident

32.—(1) The owner, agent or master of a vessel on which petroleum is loaded or discharged, or on which ballasting, tank-cleaning or gas-freeing operations are carried out, shall ensure that the vessel is equipped and managed such that every reasonable precaution is taken to prevent fire, explosion, implosion or accident.

(2) No owner, agent or master of a vessel shall cause or permit any ship-to-ship transfer of petroleum other than normal bunkering within the port unless he has obtained the permission of the Port Master.

(3) The Port Master may, in granting his permission, impose such conditions as he thinks fit.

Unsafe equipment

33. The owner, agent or master of a vessel engaged in the transport or storage of petroleum shall ensure that the vessel is equipped, managed and handled such that —

(a)	all reasonable precautions are taken against the incidence of mishap or accident of any kind; and
(b)	all equipment and fittings on the vessel are reasonably safe.

Exhibition of warning notices

34. The owner, agent or master of a vessel on which petroleum is loaded or discharged, or on which ballasting, tank-cleaning or gas-freeing operations are carried out, shall ensure that —

(a)

notices in the appropriate language prohibiting smoking, naked lights and unauthorised visitors are prominently exhibited at the gangways and every part of the vessel from which a person may gain access to the vessel; and

(b)

notices in the appropriate language prohibiting any unauthorised craft from approaching within a distance of 200 metres of the vessel are prominently exhibited on —

(i)	the off-shore side of the vessel, where the vessel is alongside a wharf; and
(ii)	on both sides of the vessel, in any other case.

Made this 4th day of January 2005.

PETER ONG

Chairman,
Maritime and Port Authority
of Singapore.

[MPA 46/01.C09. V13/SS; AG/LEG/SL/170A/2003/2 Vol. 2]

Search within Legislation