Prevention of Pollution of the Sea (Sewage) (Amendment No. 2) Regulations 2022

No. S 836

Prevention of Pollution of the Sea Act 1990

Prevention of Pollution of the Sea
(Sewage) (Amendment No. 2)
Regulations 2022

In exercise of the powers conferred by section 34 of the Prevention of Pollution of the Sea Act 1990, the Maritime and Port Authority of Singapore, with the approval of the Minister for Transport, makes the following Regulations:

Citation and commencement

1.—(1) These Regulations are the Prevention of Pollution of the Sea (Sewage) (Amendment No. 2) Regulations 2022 and, except for regulations 2(a) and 3 to 7, come into operation on 1 November 2022.

(2) Regulation 2(a) is deemed to have come into operation on 31 December 2021.

(3) Regulations 3 to 7 are deemed to have come into operation on 1 January 2016.

Amendment of regulation 2

2. In regulation 2 of the Prevention of Pollution of the Sea (Sewage) Regulations 2005 (G.N. No. S 135/2005) (called in these Regulations the principal Regulations) —

(a)

replace the definition of “authorised organisation” with —

“ “authorised organisation” means an organisation authorised by regulations made under section 116 of the Merchant Shipping Act 1995 for the purposes of surveying ships and issuing certificates under Part 5 of that Act;”; and

(b)

replace the definition of “IMO” with —

“ “IMO” or “Organization” means the International Maritime Organization;”.

Amendment of regulation 3

3. In regulation 3(3) of the principal Regulations, replace “regulation 2(1)” with “regulation 2.1”.

Amendment of regulation 4

4. In regulation 4 of the principal Regulations —

(a)	replace “regulation 11(2)” with “regulation 11.2”;
(b)	in paragraph (a)(i), replace “regulation 9(1)(b)” with “regulation 9.1.2”; and
(c)	in paragraph (b), replace “regulation 9(1)(a)” with “regulation 9.1.1”.

Amendment of regulation 6

5. In regulation 6(2) of the principal Regulations, replace “regulations 5(2) and 8(4)” with “regulations 5.2 and 8.4”.

Amendment of regulation 7

6. In regulation 7 of the principal Regulations, replace “regulation 9(1)(a)” with “regulation 9.1.1”.

Amendment of regulation 9

7. In regulation 9(1) of the principal Regulations, replace “regulation 2(1)” with “regulation 2.1”.

Amendment of First Schedule

8. In the First Schedule to the principal Regulations —

(a)

at the end of regulation 1, insert —

“16 Unmanned non‑self‑propelled (UNSP) barge means a barge that:

.1	is not propelled by mechanical means;

.2	has neither persons nor living animals on board;

.3	is not used for holding sewage during transport; and

.4	has no arrangements that could produce sewage as defined in regulation 1.3 of this Annex.”;

(b)

in regulation 3, replace the regulation heading with —

“Regulation 3

Exceptions and exemptions”;

(c)

in regulation 3, after paragraph 1, insert —

“2 The Administration may exempt an unmanned non‑self‑propelled (UNSP) barge* from the requirements of regulations 4.1 and 5.1 of this Annex, by an International Sewage Pollution Prevention Exemption Certificate for Unmanned Non‑self‑propelled (UNSP) Barges, for a period not exceeding 5 years provided that the barge has undergone a survey to confirm that the conditions referred to in regulations 1.16.1 to 1.16.4 of this Annex are met.

___________________

* Refer to the Guidelines for exemption of unmanned non‑self‑propelled (UNSP) barges from certain survey and certification requirements under the MARPOL Convention (MEPC.1/Circ.892).”;

(d)

in regulation 6, replace paragraph 4 with —

“4 No International Sewage Pollution Prevention Certificate or UNSP Exemption Certificate shall be issued to a ship which is entitled to fly the flag of a State which is not a Party.”;

(e)

replace regulation 7 with —

“Regulation 7

Form of Certificate

1 The International Sewage Pollution Prevention Certificate shall be drawn up in the form corresponding to the model given in appendix I to this Annex and shall be at least in English, French or Spanish. If an official language of the issuing country is also used, this shall prevail in case of a dispute or discrepancy.

2 The International Sewage Pollution Prevention Exemption Certificate for Unmanned Non‑self‑propelled (UNSP) Barges shall be drawn up in the form corresponding to the model given in appendix II to this Annex and shall be at least in English, French or Spanish. If an official language of the issuing country is also used, this shall prevail in the event of a dispute or discrepancy.”;

(f)

renumber the appendix as appendix I; and

(g)

after appendix I (as renumbered by paragraph (f)), insert —

“APPENDIX II

Form of Exemption Certificate for UNSP Barges

INTERNATIONAL SEWAGE POLLUTION PREVENTION EXEMPTION CERTIFICATE FOR UNMANNED
NON‑SELF‑PROPELLED (UNSP) BARGES

Issued under the provisions of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, as amended, relating thereto (hereinafter referred to as “the Convention”) under the authority of the Government of:

……………………………………………………………………..

(full designation of the country)

by …………………………………………………………….……

(full designation of the competent person or organization authorized under the provisions of the Convention)

Particulars of ship^*

Name of ship ……………………………………………….……...

Distinctive number or letters ……………………………….……...

Port of registry …………………………………………………….

Gross tonnage ……………………………………………………..

THIS IS TO CERTIFY:

1 That the unmanned non‑self‑propelled (UNSP) barge has been surveyed in accordance with regulation 3.2 of Annex IV to the Convention;

2 That the survey shows that the unmanned non‑self‑propelled (UNSP) barge:

.1	is not propelled by mechanical means;

.2	has neither persons nor living animals on board;

.3	is not used for holding sewage during transport; and

.4	has no arrangements that could produce sewage as defined in regulation 1.3 of Annex IV to the Convention; and

3 That the UNSP barge is exempted, under regulation 3.2 of Annex IV to the Convention, from the certification and related survey requirements of regulations 4.1 and 5.1 of Annex IV to the Convention.

This certificate is valid until (dd/mm/yyyy) ……..……………….. subject to the exemption conditions being maintained.

Completion date of the survey on which this certificate is based (dd/mm/yyyy) ………………………………………………………

Issued at …………………………………………………………...

(place of issue of certificate)

………...……………………

..………………………………

(date of issue) (dd/mm/yyyy)

(signature of duly authorized official issuing the certificate)

(seal or stamp of the authority, as appropriate)

___________________

^* Alternatively, the particulars of the ship may be placed horizontally in boxes.”.

[G.N. Nos. S 394/2007; S 467/2008; S 662/2012; S 468/2013; S 801/2015; S 665/2016; S 493/2017; S 115/2022]

Made on 27 October 2022.

KEVIN SHUM

Member,
Maritime and Port Authority of Singapore.

[MPA 46/06.C09/MN; AG/LEGIS/SL/243/2020/5 Vol. 1]

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