Prevention of Pollution of the Sea Act
(Chapter 243, Sections 9, 10(4), 13 and 34)
Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations
Rg 2
REVISED EDITION 1991
(25th March 1992)
[1st February 1991]
Citation
1.  These Regulations may be cited as the Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations.
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 approved by the Minister under section 137 of the Merchant Shipping Act [Cap. 179] for the purposes of surveying ships and issuing certificates under Part III 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 10;
“Unified Interpretation” means the Texts of the Agreed Unified Interpretation of Annex II approved by the Marine Environment Protection Committee and published by the IMO in document MEPC 22/21, Annex 7 as amended by document MEPC 23/22, Annex 6 and document MEPC 24/19, Annexes 2 and 3 and any further amendments made thereto by IMO and accepted by the Government and which is set out in the Second Schedule.
(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 II to Annex II or provisionally assessed under regulations 3 (4) of Annex II as falling into category A, B, C or D.
Application
3.—(1)  Except for regulation 7 of Annex II, Annex II 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, reference to “all ships carrying 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.
Unified Interpretation
4.  For the purposes of these Regulations, a regulation of Annex II, being a regulation referred to in the Unified Interpretation shall be read and applied in accordance with the Unified Interpretation.
Director may exempt ship
5.  The Director may exempt any ship or class or description of ship from any of the requirements of these Regulations, subject to such conditions as he may specify, and may alter or cancel any exemption so granted.
Administration
6.—(1)  For the purposes of regulations 2 (5), 2(7)(a), 2(7)(b), 5(2)(b), 5(3)(b), 5(5), 5(8)(a), 5(8)(c), 5(9)(b), 5(10), 5A(5), 5A(6)(a), 5A(6)(b)(i), 5A(7), 5A(7)(a), 5A(7)(d), 8(2)(b)(iii), 8(4)(a), 8(4)(b)(ii), 8(5)(a)(ii), 8(5)(b)(ii), 8(5)(b)(iii), 8(6)(a), 8(6)(b)(ii), 8(6)(c)(ii), 8(6)(c)(iii), 8(7)(a)(ii), 8(7)(b)(ii), 8(7)(c)(ii), 8(7)(c)(iii), 12(1), 12(2)and 14 (d) of Annex II, references to the Administration shall be read as references to the Director or an authorised organisation.
[S 262/94 wef 01/07/1994]
(2)  For the purposes of regulation 3(4) of Annex II, reference to the Administration shall be read as a reference to the Director.
(3)  For the purposes of regulation 9(7) of Annex II, 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.
(4)  For the purposes of regulation 10(1)(b), 10(2)(a), 10(2)(b), 10(2)(c), 10(3)(b), 10(3)(c), 11(2) and 11(3)(a) of Annex II, references to the Administration and to officer of the Administration shall be read as references to the Director and to the surveyor of ships respectively and references to the nominated surveyor, to recognised organisation or to organisation duly authorised shall be read as references to the authorised organisation.
(5)  For the purposes of regulation 6(c) of Annex II, reference to the Administration shall be read as a reference to the Director or the Port Master.
(6)  For the purposes of regulation 8(1)(a), 8(1)(c), 8(3) and 8(4)(b) of Annex II, reference to surveyor shall be read as a reference to a MARPOL surveyor.
(7)  For the purposes of regulation 8(1)(c), 8(2)(b), 8(4), 8(5)(b), 8(6)(c) and 8(7)(c) of Annex II, 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.
Specifications and interpretation
7.—(1)  For the purposes of regulations 5 (5), 5(10), 5A(5) and 5A(6) of Annex II, approved ventilation procedures, pumping conditions, pumping efficiency tests and prewash procedures are those specified in the Standards for Procedures and Arrangements for the Discharge of Noxious Liquid Substances adopted by the IMO by MEPC (Resolution 18 (22)) as reproduced in the Third Schedule.
(2)  For the purposes of regulation 13(4) of Annex II, the appropriate measures —
(a)in respect of a ship, other than an offshore support vessel, are the provisions of the Code for Existing Ships Carrying Liquefied Gases in Bulk (Resolution A.329(IX)) of the IMO as amended (EGC Code), the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (Resolution A.328(IX)) of the IMO as amended (GC Code), the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (Resolution MSC.5(48)) of the IMO as amended (IGC Code), the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (Resolution MSC.4(48)) of the IMO (IBC Code), the code for the Construction and Equipment for Ships Carrying Dangerous Chemicals in Bulk (Resolution A.212(VII)) of the IMO as amended (BCH Code) as appropriate; and
(b)in respect of an offshore support vessel, are the guidelines contained in Resolution A.673(16) of the IMO as may be amended by the IMO and accepted by the Government.
Powers to inspect
8.—(1)  A ship to which these Regulations apply shall be subject in Singapore waters, to inspection by a surveyor of ships. 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 11 or 12A 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. In that case, or if the ship does not carry a valid 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. The Director may in such a case permit the ship to proceed to the nearest appropriate repair yard.
(2)  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.
(3)  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 in any place. 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
9.  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 regulations 11 and 12A of Annex II as appropriate to be in force when the ship proceeds to sea; and a clearance shall not be granted, and the ship may be detained, until the certificate or certificates are so produced.
SNLS Certificate
10.  The Director or an authorised organisation shall, after a survey in accordance with the provisions of regulation 10 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 Singapore Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk in such form as the Director may determine.
Penalties
11.  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 $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Exemption in certain circumstances
12.  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 provision of Annex II.
Notification of proposal to carry substances
13.  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 3(4) 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 Fourth 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
14.  The fees set out in the Fifth Schedule shall be payable to the Director in respect of the services provided by the Director set out in that Schedule.