Prevention of Pollution of the Sea (Air) Regulations 2005

No. S 134

Prevention of Pollution of the Sea Act

(Chapter 243)

Prevention of Pollution of the Sea (Air) Regulations 2005

In exercise of the powers conferred by section 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 (Air) Regulations 2005 and shall come into operation on 19th May 2005.

Definitions

2. In 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 2006 (G.N. No. S 685/2006);

[S 398/2011 wef 01/08/2011]

“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 2006 (G.N. No. S 686/2006);

[S 398/2011 wef 01/08/2011]

“Annex III” means Annex III to the Convention which contains regulations for the control of harmful substances carried in packaged form;

[S 398/2011 wef 01/08/2011]

“Annex V” means Annex V to the Convention which contains regulations for the prevention of pollution by garbage;

[S 398/2011 wef 01/08/2011]

“Annex VI” means Annex VI to the Convention which contains regulations for the prevention of air pollution from ships 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;

“IAPP Certificate” means an International Air Pollution Prevention Certificate issued under regulation 6 of Annex VI by the Administration of any Contracting Party to the Convention;

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

[S 398/2011 wef 01/08/2011]

“SAPP Certificate” means a Singapore Air Pollution Prevention Certificate issued by the Director or an authorised organisation under regulation 8.

Application

3.—(1) Annex VI shall, subject to these Regulations, have the force of law in Singapore.

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

(3) For the purpose of regulation 1 of Annex VI, reference to “all ships” in that regulation shall be read as a reference to —

(a)	Singapore ships; and
(b)	other ships 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 VI (as may be specified in the exemption) for classes of cases or individual cases on such terms as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

Administration

5.—(1) Except where otherwise provided in these Regulations —

(a)	a reference in these Regulations to the Administration is a reference to the Director;
(b)	a reference in these Regulations to an officer of the Administration is a reference to a surveyor of ships; and
(c)	a reference in these Regulations to any nominated surveyor, recognised organisation, “recognized organization”, or “organization” that is “recognized” by the Administration, is a reference to an authorised organisation. [S 113/2018 wef 01/03/2018]

(2) For the purposes of regulations 6, 9, 20 and 22A of Annex VI, a reference to any person or organisation duly authorised by the Administration, or to an “organization” that is “authorized” or “duly authorized” by the Administration, is a reference to an authorised organisation.

[S 113/2018 wef 01/03/2018]

(3) For the purpose of regulations 11 and 18 and Appendix VI of Annex VI, references to the Administration, appropriate authorities or competent authority shall be read as references to the Authority.

[S 331/2010 wef 01/07/2010]

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 IAPP Certificate in the form prescribed by the Convention or a valid SAPP 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, 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 atmosphere or sea.

(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 emitted any of the substances covered by Annex VI in violation of 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 emitted any of the substances covered by Annex VI in violation of 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 IAPP Certificate

7.—(1) The master of every ship of 400 gross tonnage and above 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 IAPP Certificate 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 IAPP Certificate is so produced.

SAPP Certificate

8. The Director or an authorised organisation shall, after a survey in accordance with the provisions of regulation 5 of Annex VI which relates to all ships of 400 gross tonnage and above which operate within Singapore waters and are not engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention, issue in relation to that ship a SAPP Certificate in such form as the Director may determine.

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 each be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

Fees

10. The fees specified in the Second Schedule shall be payable to the Director in respect of the services provided by the Director specified in that Schedule.

Made this 9th day of March 2005.

PETER ONG

Chairman,
Maritime and Port Authority of Singapore.

[MPA 46/06.C11.V01/JL; AG/LEG/SL/243/2003/1 Vol. 2]

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