Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations 2006

No. S 686

Prevention of Pollution of the Sea Act

(Chapter 243)

Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations 2006

In exercise of the powers conferred by sections 9, 10(4), 13 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 Transport, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations 2006 and shall come into operation on 1st January 2007.

Definitions

2.—(1) For the purposes of these Regulations —

“Annex II” means Annex II to the Convention which contains regulations for the control of pollution by noxious liquid substances in bulk and which is set out in the First Schedule;

“authorised organisation” means an organisation authorised by regulations made under section 116 of the Merchant Shipping Act (Cap. 179) for the purposes of surveying ships and issuing certificates under Part V of that Act;

“IMO” means the International Maritime Organisation;

“SNLS Certificate” means a Singapore Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued by the Director or an authorised organisation under regulation 8.

(2) For the purposes of the definition of “noxious liquid substance” in section 2 of the Act, the substances prescribed as being noxious liquid substances shall be such substances as are designated in Appendix 1 to Annex II or provisionally assessed under regulation 1(10) of Annex II as falling into category X, Y or Z.

Application

3.—(1) Annex II, with the exception of regulation 18 thereof, shall, subject to these Regulations, have the force of law in Singapore.

(2) A provision of Annex II interpreted or explained by a provision of these Regulations shall be read as having the same meaning attributed by that provision.

(3) For the purposes of regulation 2(1) of Annex II, the reference to “all ships certified to carry Noxious Liquid Substances in bulk” shall be read as a reference to —

(a)	Singapore ships carrying in bulk noxious liquid substances or unassessed liquid substances; and
(b)	other ships carrying in bulk noxious liquid substances or unassessed liquid substances while they are in Singapore waters,

and these Regulations shall apply to such ships.

Exemptions

4. The Director may grant exemptions from all or any of these Regulations including Annex II (as may be specified in the exemption) for any ship or class or description of ship as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

Administration

5.—(1) Except where provided in these Regulations, for the purposes of these Regulations, references to the Administration shall be read as references to the Director.

(2) For the purposes of regulation 3 (1.3) of Annex II, the reference to the Administration shall be read as a reference to the Director or the Port Master.

(3) For the purposes of regulations 4 (4.1), 4 (4.4), 5 (3.5), 12(5), 13(3), 13 (4.3), 13 (5.1), 13 (6.1.3.1), 14(1), 16(8) and 17(1) and the Appendices of Annex II, references to the Administration shall be read as references to the Director or an authorised organisation.

(4) For the purposes of these Regulations, references to an officer of the Administration shall be read as references to a surveyor of ships, and references to a nominated surveyor, recognised organisation or organisation duly authorised shall be read as references to an authorised organisation.

(5) For the purposes of regulation 15(6) of Annex II, the reference to the competent authority of the Government of a Party shall be read as a reference to the Director, the Port Master, an authorised organisation, a MARPOL surveyor or any person acting under the direction of the Director or the Port Master.

(6) For the purposes of regulation 16 of Annex II —

(a)	the reference to surveyor shall be read as a reference to a MARPOL surveyor or, where there is no MARPOL surveyor at that port, the master; and
(b)	the reference to the Government of the receiving Party shall be read as a reference to a MARPOL surveyor or, where there is no MARPOL surveyor at that port, the master.

Powers to inspect

6.—(1) A ship to which these Regulations apply shall be subject, in Singapore waters, to inspection by a surveyor of ships.

(2) Any such inspection shall be limited to verifying that there is on board in relation to that ship a valid certificate referred to in regulation 9 or 10 of Annex II or a valid SNLS Certificate unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that certificate.

(3) In the case referred to in paragraph (2), or if the ship does not carry a valid Certificate referred to in regulation 9 or 10 of Annex II or a valid SNLS Certificate, the surveyor of ships shall take such steps as he may consider necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment.

(4) The Director may in such a case permit the ship to proceed to the nearest appropriate repair yard.

(5) Upon receiving evidence that a particular ship has discharged noxious liquid substances or unassessed liquid substances carried in bulk or a mixture containing such substances contrary to the provisions of these Regulations, the Director shall cause the matter to be investigated by an inspector and shall inform the State which has reported the contravention as well as IMO of the action taken.

(6) The Director may also cause a ship other than a Singapore ship to be inspected by an inspector when it enters Singapore waters if a request for an investigation is received from any State which is a Party to the Convention together with sufficient evidence that the ship has discharged noxious liquid substances or unassessed liquid substances carried in bulk or a mixture containing such substances contrary to the provisions of these Regulations in any place.

(7) The report of such investigation may be sent to the State requesting the investigation and the State in which the ship is registered.

Prohibition on proceeding to sea without Certificate

7.—(1) The master of every ship to which these Regulations apply shall produce to the Port Master, at the time a clearance for the ship is demanded for a voyage from Singapore to a port or place outside Singapore waters, the relevant certificate referred to in regulation 9 or 10 of Annex II as appropriate to be in force when the ship proceeds to sea.

(2) A clearance shall not be granted, and the ship may be detained, until the certificate or certificates are so produced.

SNLS Certificate

8.—(1) The Director or an authorised organisation shall, after a survey in accordance with the provisions of regulation 8 of Annex II which relates to any ship carrying noxious liquid substances in bulk which operates within Singapore waters and is not engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention, issue a SNLS Certificate; and the annual survey requirements of regulation 8 of Annex II shall not apply to such ships.

(2) The SNLS Certificate shall be issued in the form set out in Appendix 3 of Annex II modified in line with this regulation and approved by the Director.

Penalties

9. If any ship fails to comply with any requirement of these Regulations, the owner and the master of the ship shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Exemption in certain circumstances

10. For the purposes of section 10(4) of the Act, the ships exempted from the operation of section 10(1) of the Act shall be such ships as are exempted from the prohibition of the discharge into the sea of a noxious liquid substance or of a mixture containing a noxious liquid substance in accordance with the provisions of Annex II.

Notification of proposal to carry substances

11. For the purposes of section 9 of the Act, where a person proposes to export or import any noxious liquid substance referred to in regulation 6(3) of Annex II by having that liquid substance carried in bulk in a ship, that person or the master of the ship shall notify the Port Master or an officer designated by the Port Master of the proposal in the form set out in the Second Schedule at least 24 hours before the estimated time of departure or arrival of the ship and by such means as the Port Master may from time to time determine.

Fees

12. The fees specified in the Third Schedule shall be payable to the Director in respect of the services provided by the Director set out in that Schedule.

Revocation

13. The Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations (Rg 2) are revoked.

Made this 22nd day of December 2006.

PETER ONG

Chairman,
Maritime and Port Authority of Singapore.

[MPA 46/0.6.002.V2/MM; AG/LEG/SL/243/2003/1 Vol. 4]

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