Prevention of Pollution of the Sea (Reception Facilities) Regulations

Prevention of Pollution of the Sea Act

(CHAPTER 243, Sections 11(8) and 34)

Prevention of Pollution of the Sea
(Reception Facilities) Regulations

Rg 4

G.N. No. S 61/1991

REVISED EDITION 1990

(25th March 1992)

[1st February 1991]

Citation

1. These Regulations may be cited as the Prevention of Pollution of the Sea (Reception Facilities) Regulations.

Definitions

2. For the purposes of these Regulations, unless the context otherwise requires —

“Annex I” means Annex I to the Convention which contains regulations for the prevention of pollution by oil and which is set out in the First Schedule to the Prevention of Pollution of the Sea (Oil) Regulations [Rg 1];

“Annex II” means Annex II to the Convention which contains regulations for the control of noxious liquid substances in bulk and which is set out in the First Schedule to the Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations [Rg 2];

“chemical tanker” means a ship constructed or adapted primarily to carry a cargo of noxious liquid substances in bulk and includes an oil tanker when carrying a cargo or part cargo of noxious liquid substances in bulk;

“combination carrier” means a ship designed to carry either oil or solid cargo in bulk;

“oil tanker” means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier or a chemical tanker when it is carrying a cargo or part cargo of oil in bulk.

Application

3. These Regulations shall apply to the Port of Singapore Authority and a terminal operator whose port or terminal in Singapore is used by oil tankers, chemical tankers or other ships any of which are carrying residues or mixtures, which residues or mixtures contain oil or noxious liquid substances, including such ships when undergoing repair or being broken up.

Exemptions

4. The Minister may grant exemptions from all or any of these Regulations to the Port of Singapore Authority or a terminal operator on such terms (if any) as may be specified by him.

Provision of reception facilities

5. The Port of Singapore Authority in respect of the port (excluding terminals within the port which are not managed by the Authority) and a terminal operator in respect of his terminal shall from 1st February 1991 ensure that —

(a)	if the port or terminal has reception facilities, those facilities are adequate; or
(b)	if the port or terminal has no reception facilities, such facilities are provided,

in order to comply, for ships which may be expected to use the port or terminal for a primary purpose other than utilising reception facilities, with regulation 12 of Annex I or regulation 7 of Annex II of the Convention as appropriate.

Conditions for use of facilities

6.—(1) The Port of Singapore Authority providing reception facilities or a person providing reception facilities by arrangement with the Port of Singapore Authority or a terminal operator providing reception facilities may impose conditions in respect of the use thereof insofar as such conditions are not in conflict with the requirements of these Regulations and the Convention; and reasonable charges may be levied for the use of those facilities.

(2) Any reception facilities provided by, or by arrangement with the Port of Singapore Authority or by a terminal operator shall be open to all ships which in the opinion of the Port of Singapore Authority or terminal operator (as appropriate) are using the port or terminal for a primary purpose other than utilising the reception facilities, on payment of any charges, and subject to compliance with any conditions imposed in accordance with paragraph (1).

(3) The master of any ship which intends to use reception facilities shall give advance notice in writing to the Port Master and the person providing the reception facilities of the quantity and content of any substances to be discharged within such time and in such manner and form as the Port Master may determine.

(4) In the absence of agreement between the owner of the cargo and the owner of the ship as to responsibility for payment to the person providing the reception facilities, the owner of the ship shall be liable to pay the charges to that person.

Ship to arrange for facilities

7.—(1) The master of any ship which will or is likely to discharge residues or mixtures containing oil or noxious liquid substances, shall before proceeding to any terminal make adequate arrangements for the discharge of such residues or mixtures into reception facilities in respect of which an authority appointed by the Minister if satisfied that it is in compliance with regulation 5.

(2) The master of the ship referred to in paragraph (1) shall give advance notice to the Port Master of the quantity and content of the residues or mixtures to be discharged and the details of the arrangements made for the discharge within such time and in such manner and form as the Port Master may determine.

(3) The Port Master may deny, to a ship which has failed to comply with paragraph (1) or (2), entry to any terminal in Singapore.

Offences and penalties

8.—(1) Any person who fails to comply with any requirement of these Regulations shall 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.

(2) Any master who, pursuant to regulation 6(3) or 7(2), provides any information which he knows to be false in a material particular or recklessly provides such information which is false in a material particular, shall 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.

Transfer of oil or substances

9.—(1) No residue and mixture containing oil or noxious liquid substances shall be transferred from a ship in Singapore waters to a reception facility or vice versa or to or from another ship without the prior permission of the Port Master.

(2) If any residues and mixtures containing oil or noxious liquid substances are transferred to or from a ship in contravention of this regulation, the master of the ship, and, if the said residues and mixture are transferred to or from a reception facility, the reception facility operator shall 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.

Denial of entry

10. The Port Master shall have the power to deny, to a ship required by the Convention to retain on board while at sea, residues and mixtures containing oil or noxious liquid substances as appropriate, entry to a terminal if the terminal is one required by the Convention or these Regulations to have adequate facilities and the terminal fails to provide such facilities or information regarding them.

Fees

11.—(1) The fees set out in the Schedule shall be payable to the Port of Singapore Authority in respect of the services provided by the Authority set out in the Schedule.

(2) The Port of Singapore Authority may, if it thinks fit, remit or refund any fee or part thereof specified in the Schedule.

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