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Prevention of Pollution of the Sea Act

(Chapter 243, Section 34)

Prevention of Pollution of the Sea
(Detergents and Equipment) Regulations

Rg 5

G.N. No. S 62/1991

REVISED EDITION 1991

(25th March 1992)

[1st February 1991]

Citation

1. These Regulations may be cited as the Prevention of Pollution of the Sea (Detergents and Equipment) Regulations.

Definitions

2.—(1) In these Regulations —

“Authority” means the Port of Singapore Authority;

“bulk oil” means a homogeneous cargo of oil stored loose in free flowing tank and required to be handled by pumping;

“bulk oil handling facilities” means bulk oil handling facilities resting on the seabed or on the foreshore, including anything that is afloat (other than a ship) provided it is anchored or attached to the seabed or the foreshore of Singapore waters;

“tug boat” means a tug boat licensed under the provisions of the Port of Singapore Authority (Harbour Craft) Regulations and which is constructed of steel and has an engine power of 750 kilowatts or more.

[Rg 3.]

(2) For the purposes of these Regulations, “owner” in relation to a tug boat includes any person who —

(a)	is the joint or part owner of a tug boat;
(b)	has possession or control of a tug boat which is subject to the terms of a hire-purchase agreement, bill of sale or other similar instrument; or
(c)	has possession or control of a tug boat under the terms of a charter agreement,

but does not include any person who is the owner of a tug boat which is subject to the terms of a hire-purchase agreement, bill of sale or other similar instrument if that person is not entitled to possession of the tug boat.

Application

3. These Regulations shall apply to —

(a)	operators of bulk oil handling facilities; and
(b)	the owners of tug boats.

Dispersants

4.—(1) Every —

(a)	operator of bulk oil handling facilities shall at all times keep a stock of not less than 10,000 litres; and
(b)	owner of a tug boat shall at all times keep a stock of not less than 400 litres,

of readily usable dispersants which shall comply with the specifications set out in the First Schedule.

(2) The dispersants referred to in paragraph (1) shall be kept —

(a)	on board the tug boat so as to be readily accessible to the owner of the tug boat and the Authority; or
(b)	in the case of an operator of bulk oil handling facilities, at such places within which the facilities are situated so as to be readily accessible to the operator and the Authority.

(3) An operator of bulk oil handling facilities or the owner of a tug boat shall not use any dispersant which does not comply with the specifications set out in the First Schedule for the purpose of eliminating or reducing any oil pollution.

(4) An operator of bulk oil handling facilities or the owner of a tug boat shall, when so required by the Authority, submit samples of its dispersants for testing and certification. All costs incurred in connection with the testing and certification of the dispersants shall be borne by the operator of the facilities or the owner of a tug boat.

Inspection

5. The officers of the Authority may, after having given at least one day’s prior notice in writing, enter the premises of any bulk oil handling facility or board any tug boat and inspect and take samples of the stock of dispersants kept by the operator of the facilities or the owner of the tug boat pursuant to these Regulations.

Equipment

6.—(1) Every operator of bulk oil handling facilities shall at all times maintain at the facilities such minimum number of such items of equipment as are specified in the Second Schedule.

(2) Every owner of a tug boat shall at all times maintain on board the tug boat such minimum number of such items of equipment as are specified in the Third Schedule.

Assistance to Authority

7. In the event of an incident resulting in any pollution of the sea by oil —

(a)	an operator of bulk oil handling facilities shall upon the request of the Authority provide the dispersants and equipment referred to in regulation 4(1)(a) and the Second Schedule respectively;
(b)	an owner of a tug boat shall upon the request of the Authority provide the dispersants and equipment referred to in regulation 4(1)(b) and the Third Schedule respectively,

and render such assistance and services as may be required by the Authority for eliminating or reducing the oil pollution.

Reimbursement of costs

8.—(1) The Authority shall reimburse an operator of bulk oil handling facilities or an owner of a tug boat such amounts and on such terms and conditions as the Authority and the operator or the owner may have agreed or may agree from time to time (as the case may be) for the dispersants, equipment and services provided for any clean-up operations mounted against any oil pollution.

(2) If the Authority and the operator or the owner are unable to agree to the amounts to be reimbursed or the terms and conditions on which the operator or the owner is to be reimbursed, the matter in dispute shall be referred to the Minister whose decision shall be final and the Authority shall reimburse the operator or the owner in accordance with the decision as if the amounts, or the terms and conditions, determined under this paragraph have been agreed under paragraph (1).

Offences and penalties

9.—(1) Any person who —

(a)	fails to comply with any of the provisions of regulations 4, 6 and 7; or
(b)	obstructs any officer of the Authority in the execution of his duty,

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) No proceedings shall be brought against an operator of bulk oil handling facilities or an owner of a tug boat for failing to maintain dispersants and equipment pursuant to these Regulations if the operator or the owner has taken reasonable measures to ensure that the stock of dispersants or the required equipment will be replenished or replaced within a reasonable time.

Exemption

10. The Port Master may, either absolutely or subject to such conditions as he thinks fit, exempt from any of the provisions of these Regulations any person to whom these Regulations apply if he is satisfied that compliance with the provisions is either impracticable or unreasonable.