Prevention of Pollution of the Sea (Ballast Water Management) Regulations 2017

No. S 504

Prevention of Pollution of the Sea Act

(CHAPTER 243)

Prevention of Pollution of the Sea
(Ballast Water Management)
Regulations 2017

In exercise of the powers conferred by sections 10A(3), 13A and 34(1)(ba) of the Prevention of Pollution of the Sea Act, the Maritime and Port Authority of Singapore, with the approval of the Minister for Transport, makes the following Regulations:

Citation and commencement

1. These Regulations are the Prevention of Pollution of the Sea (Ballast Water Management) Regulations 2017 and come into operation on 8 September 2017.

Definitions

2. In these Regulations, unless the context otherwise requires —

“Administration”, in relation to any Contracting Party or to any State, has the same meaning as in Article 1 of the Ballast Water Management Convention;

“Annex” means the Annex to the Ballast Water Management Convention, the text of which is set out in the First Schedule;

“approved ballast water management plan” means a ballast water management plan that meets the requirements of regulation B‑1 of the Annex that has been approved —

(a)	in the case of a Singapore ship, by the Director or an authorised organisation; and
(b)	in the case of any other ship, by or on behalf of the Administration;

“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;

“ballast water record book” means the ballast water record book of the ship that is required to be on board a ship under regulation B‑2 of the Annex;

“Contracting Party” means any State Party to the Ballast Water Management Convention;

“FPSO” means a floating production storage and off-loading unit;

“FSU” means a floating storage unit;

“gross tonnage” means the gross tonnage calculated in accordance with the regulations in Annex 1 of the International Convention on Tonnage Measurement of Ships, 1969 and any amendment to it which has come into force and has been accepted by the Government, or any successor convention accepted by the Government;

“IBWM Certificate” means an international ballast water management certificate in the form prescribed in the Annex, that is —

(a)	issued by or on behalf of the Administration of any Contracting Party to the Ballast Water Management Convention under regulation E‑2 of the Annex; or
(b)	issued by another Contracting Party at the request of the Administration of any Contracting Party under regulation E‑3 of the Annex;

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

“IOPP Certificate” has the same meaning as in regulation 2 of the Prevention of Pollution of the Sea (Oil) Regulations 2006 (G.N. No. S 685/2006);

“owner”, in relation to a ship, includes any organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the International Safety Management Code;

“Port Master” means the Port Master appointed under the Maritime and Port Authority of Singapore Act (Cap. 170A) and includes any Deputy Port Master;

“relevant ship” means a ship other than any floating platform, FSU or FPSO that is fixed in position;

“ship” means a vessel of any type whatsoever operating in the marine environment, and includes a submersible, a floating craft, a fixed or floating platform, an FSU and an FPSO;

“Singapore ship” means a ship that is registered under Part II of the Merchant Shipping Act;

“Type Approval Certificate” means a certificate issued by or on behalf of an Administration to certify that a ballast water management system is approved under regulation D‑3.1 of the Annex.

Application of Annex and Schedules

3.—(1) Subject to these Regulations, the Annex has the force of law in Singapore —

(a)

except for regulations C-3 and D-5 of the Annex; and

(b)

except that —

(i)	regulation B-3 of the Annex is substituted with the revised regulation B-3 set out in the Second Schedule; and
(ii)	regulations E-1 and E-5 of the Annex are substituted with the revised regulations E-1 and E‑5, respectively, set out in the Third Schedule.

(2) Any reference to “ship” or “ships” in these Regulations, the Annex, the Second Schedule and the Third Schedule is a reference to —

(a)	a Singapore ship or ships; and
(b)	any other ship or ships while in Singapore waters.

(3) These Regulations apply to the ships mentioned in paragraph (2) unless the ships are excluded from the application of the Ballast Water Management Convention under Article 3(2) of the Convention.

(4) To avoid doubt, ships that are excluded from the application of the Ballast Water Management Convention under Article 3(2)(b) and (d) of the Convention are ships that only operate in Singapore waters, or that only operate in Singapore waters and on the high seas, unless the Director determines that the discharge of ballast water from such ships would impair or damage the environment, human health, property or resources, of Singapore or other States.

References to Administration and other terms

4.—(1) For the purposes of regulations A-5, D-4.1, D-4.2, E‑2.1, E‑2.2, E‑3.1, E‑3.2 and E-3.3 of the Annex, and regulations E‑1.1.2, E‑1.2, E‑1.3, E‑1.4, E-1.5, E-1.6, E-1.7, E-1.8, E‑5.1, E‑5.3, E‑5.5, E‑5.6, E-5.7 and E-5.9.1 of the Third Schedule, a reference to the Administration is a reference to the Director.

(2) For the purposes of regulations A‑1.5.3, B‑1, D‑3.1 of the Annex, and E‑1.10 of the Third Schedule, a reference to the Administration is a reference to the Director or an authorised organisation.

(3) For the purposes of regulation E-2.2 of the Annex and regulation E‑5.4 of the Third Schedule, a reference to a person or organisation authorised or duly authorised by the Administration is a reference to an authorised organisation.

(4) In Appendix I of the Annex —

(a)	a reference to a competent person is a reference to the Director, a surveyor of ships or an authorised organisation; and
(b)	a reference to an authorised official or a duly authorised official is a reference to the Director, an inspector or an authorised organisation.

(5) In the Second Schedule, a reference to the renewal survey is a reference to the renewal survey associated with the IOPP Certificate under MARPOL Annex I.

(6) For the purposes of these Regulations, unless the context otherwise requires —

(a)	a reference to regulation B-3 of the Annex is a reference to regulation B‑3 of the Second Schedule;
(b)	a reference to regulation B-3.3, B-3.4 and B-3.5 in regulation B‑5.2 of the Annex is a reference to regulation B‑3.3, B-3.4 and B-3.5, respectively, of the Second Schedule; and
(c)	a reference to regulation E-1 and E-5 of the Annex is a reference to regulation E‑1 and E-5, respectively, of the Third Schedule.

Exemptions

5.—(1) The Director may exempt any person or ship, or class or description of persons or ships from all or any of these Regulations on such terms as the Director may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

(2) In granting an exemption from any requirement of regulation C‑1 (relating to Additional Measures) of the Annex or regulation B‑3 (relating to Ballast Water Management for Ships) of the Second Schedule, the Director must comply with the requirements of regulation A‑4.1 to A‑4.4 of the Annex.

(3) The Port Master may exempt any ship, or description of ships within the port, from the operation of section 10A(1) of the Act, on such terms as the Port Master may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

(4) The owner or master of a ship must ensure that any exemption granted under paragraph (1) or (3) is recorded in the ballast water record book of the ship.

Exemptions in certain circumstances

6.—(1) Section 10A(1) of the Act does not apply to the discharge of ballast water if the discharge is made into any part of the sea by a ship through ballast water management that meets the standard described in regulation D-2 of the Annex.

(2) Until such time as a ship is required to conduct ballast water management under regulation B-3 of the Second Schedule, the following discharges of ballast water by a Singapore ship into any sea, or by any ship into Singapore waters, are exempt from the operation of section 10A(1) of the Act:

(a)	a discharge made into Singapore waters by a ship (other than a ship that is exempted under regulation 7(1)) that has, prior to its entry into Singapore waters, conducted ballast water exchange in accordance with the requirements of regulation B‑4 of the Annex;
(b)	a discharge made into the waters of any State that is not party to the Ballast Water Management Convention, by a Singapore ship (other than a ship that is exempted under regulation 7(1)) that has, prior to its entry into such waters, conducted ballast water exchange in accordance with the requirements of regulation B‑4 of the Annex;
(c)	a discharge made into the waters of a Contracting Party that is not Singapore, by a Singapore ship that has, prior to its entry into such waters, conducted ballast water exchange in accordance with the requirements of regulation B‑4 of the Annex in the manner permitted by that Contracting Party;
(d)	a discharge made into the high seas by a ship in the course of conducting ballast water exchange in accordance with the requirements of regulation B‑4 of the Annex;
(e)	a discharge made into Singapore waters, or the waters of any State not party to the Ballast Water Management Convention, by a ship exempted under regulation 7(1) from conducting ballast water exchange in accordance with the requirements of regulation B‑4.1 of the Annex before the ship’s entry into Singapore waters.

(3) For the purposes of section 10A(3) of the Act, a ship that discharges sediments into the sea is exempt from the operation of section 10A(1) of the Act in relation to that discharge, if the discharge was made —

(a)	into such part of the sea as is at least 200 nautical miles away from land;
(b)	in depths of over 200 metres; and
(c)	in accordance with the ship’s approved ballast water management plan.

Ballast water exchange

7.—(1) Despite any other exemption under regulation B-4 of the Annex, a ship is exempted from conducting ballast water exchange in accordance with the requirements of regulation B-4.1 of the Annex before the ship’s entry into Singapore waters if it is not possible for that ship to conduct ballast water exchange in accordance with the requirements of regulation B‑4.1 of the Annex.

(2) The requirements of regulation B-3 of the Second Schedule do not apply to a ship exempted under paragraph (1).

(3) A ship mentioned in paragraph (1) that does not conduct ballast water exchange must record the reasons for not conducting ballast water exchange in its ballast water record book.

Ballast water management

8.—(1) A ship must conduct ballast water management in accordance with regulation B-3 of the Second Schedule.

(2) For the purpose of regulation B-3.7 of the Second Schedule, other methods of ballast water management may be accepted as alternatives by the Director.

Surveys and certifications of ships 400 gross tonnage and above

9. A relevant ship that is 400 gross tonnage and above must comply with the survey and certification requirements in regulation E‑1 of the Third Schedule.

International Ballast Water Management Certificates

10.—(1) The owner of a Singapore ship that is a relevant ship of 400 gross tonnage and above may apply to the Director or an authorised organisation for an IBWM Certificate.

(2) The Director or an authorised organisation may, upon an application under paragraph (1) and after a survey of the ship in accordance with the provisions of regulation E-1 of the Third Schedule, issue an IBWM Certificate in respect of the ship.

(3) For the purposes of these Regulations, the duration and validity of an IBWM Certificate issued in respect of a ship is determined in accordance with regulation E-5 of the Third Schedule.

Type Approval Certificates

11.—(1) The manufacturer of a ballast water management system may apply to the Director for approval of a ballast water management system for installation on board a Singapore ship.

(2) The Director or an authorised organisation may issue a Type Approval Certificate to the manufacturer if the Director or the authorised organisation, as the case may be, is satisfied that the ballast water management system meets the requirements of regulation D-3 of the Annex.

(3) Despite paragraph (2), where the ballast water management system has already been approved by the Administration of any State, the Director may, in respect of a ship on which the ballast water management system is installed, issue an IBWM Certificate to the owner of the ship.

Ballast water management plans

12.—(1) The owner of a Singapore ship may apply to the Director or an authorised organisation for approval of a ballast water management plan for that ship.

(2) The Director or an authorised organisation may approve the ballast water management plan if the Director or the authorised organisation, as the case may be, is satisfied that the plan meets the requirements of regulation B-1 of the Annex.

Prohibition on proceeding to sea

13.—(1) The owner, master or agent of a relevant ship that is of 400 gross tonnage and above must produce to the Port Master, at the time clearance for the ship under section 46 of the Maritime and Port Authority of Singapore Act (Cap. 170A) is demanded for a voyage from Singapore to a port or place outside Singapore waters —

(a)	in the case of a ship the flag State of which is a Contracting Party, an IBWM Certificate; or
(b)	in the case of a ship flagged by the Administration of a State which is not a Contracting Party, written evidence of compliance with the requirements of regulation E-1 of the Third Schedule.

(2) Clearance for a ship may be refused and the ship may be detained until the certificate mentioned in paragraph (1)(a), or the evidence mentioned in paragraph (1)(b), is produced.

(3) The Port Master may, in the Port Master’s discretion, exempt any ship from the requirements of paragraph (1).

Powers to inspect

14.—(1) A ship in Singapore waters is subject to inspection by an inspector taking into account guidelines for surveys developed by IMO.

(2) Subject to paragraph (4), any inspection under paragraph (1) of a ship of 400 gross tonnage and above is limited to one or more of the following:

(a)

verifying —

(i)	in the case of a relevant ship the flag State of which is a Contracting Party, that the ship carries a valid IBWM Certificate; or
(ii)	in the case of a relevant ship the flag State of which is not a Contracting Party, that there is written evidence of compliance with the requirements of regulation E‑1 of the Third Schedule;

(b)

inspecting the ballast water record book;

(c)

sampling the ship’s ballast water taking into account ballast water sampling and analysis guidelines developed by IMO.

(3) Subject to paragraph (4) or (5), any inspection under paragraph (1) of a ship below 400 gross tonnage is limited to one or more of the following:

(a)	verifying that the ship carries an approved ballast water management plan;
(b)	inspecting the ballast water record book;
(c)	sampling the ship’s ballast water taking into account ballast water sampling and analysis guidelines developed by IMO.

(4) A detailed inspection of the ship may be carried out by an inspector in any of the circumstances in which a detailed inspection of a ship is permitted by the Ballast Water Management Convention.

(5) Without limiting paragraph (4), a detailed inspection may be carried out in any of the following circumstances:

(a)

the ship does not carry an approved ballast water management plan or a ballast water record book;

(b)

the master or the crew of the ship are not familiar with essential shipboard procedures relating to ballast water management, or have not implemented such procedures;

(c)

in the case of a relevant ship of 400 gross tonnage and above —

(i)

if the flag State of the ship is a Contracting Party —

(A)	the ship does not carry a valid IBWM Certificate; or
(B)	the condition of the ship or its equipment does not correspond substantially with the particulars of the ship’s IBWM Certificate or approved ballast water management plan;

(ii)

if the flag State of the ship is not a Contracting Party —

(A)	the ship does not carry any written evidence of compliance with the requirements of regulation E-1 of the Third Schedule; or
(B)	the condition of the ship or its equipment does not correspond substantially with any written evidence of compliance with the requirements of regulation E-1 of the Third Schedule.

(6) Where the sampling mentioned in paragraph (2)(c) or (3)(c) leads to a result, or supports information received from another port or offshore terminal, indicating that the ship poses a threat to the environment, human health, property or resources, the Director may direct the owner, master or agent of the ship to take steps to prevent the ship from discharging ballast water until the threat is removed.

(7) In any case where a detailed inspection may be carried out under paragraph (4) or (5), the Director may direct the owner, master or agent of the ship to take such steps as will ensure that the ship will not discharge ballast water until it can do so without presenting a threat of harm to the environment, human health, property or resources.

(8) There must be readily available for inspection aboard each ship —

(a)	an approved ballast water management plan and a ballast water record book; and
(b)	in the case of a relevant ship of 400 gross tonnage and above, an IBWM Certificate or a written evidence of compliance with the requirements of regulation E‑1 of the Third Schedule.

(9) The Director may cause any ship to be inspected by an inspector when it enters a port, a shipyard or an offshore terminal in Singapore waters, if the Director receives —

(a)	a request for an investigation from any Contracting Party; or
(b)	evidence that the ship is operating or has operated in violation of the Ballast Water Management Convention in any place.

(10) Following a report of an inspection by an inspector under paragraph (9), the Director may send the report to —

(a)	the Contracting Party requesting the investigation; and
(b)	the competent authority of the Administration of the ship.

Powers to detain ships

15.—(1) A ship is liable to be detained under section 23 of the Act if an inspector has, following an inspection, determined —

(a)	in the case of a relevant ship of 400 gross tonnage and above the flag State of which is a Contracting Party, that the ship’s IBWM Certificate is invalid;
(b)	in the case of a relevant ship of 400 gross tonnage and above the flag State of which is not a Contracting Party, that the written evidence of the ship’s compliance with the requirements of regulation E-1 of the Third Schedule is inadequate; or
(c)	the ship has contravened any of the requirements of these Regulations.

(2) The Director may permit a ship detained under paragraph (1) to leave Singapore waters for the purpose of discharging ballast water or proceeding to the nearest repair yard or reception facility available, if doing so does not present a threat of harm to the environment, human health, property or resources.

Offences

16.—(1) The master and owner of a ship shall each be guilty of an offence —

(a)	if the owner or master of the ship fails to ensure that any exemption granted under regulation 5(1) or (3) is recorded in the ballast water record book of the ship as required under regulation 5(4);
(b)	if the owner or master of the ship refuses or fails to comply with a direction given by the Director under regulation 14(6) or (7);
(c)	if the ship fails to have on board for inspection an approved ballast water management plan or a ballast water record book as required under regulation 14(8)(a); or
(d)	if the ship, being a relevant ship of 400 gross tonnage and above, fails to have on board for inspection an IBWM Certificate, or written evidence of compliance with the requirements of regulation E‑1 of the Third Schedule, as required under regulation 14(8)(b).

(2) The owner, master and agent of a ship shall each be guilty of an offence if the IBWM Certificate, or the written evidence of compliance with the requirements of regulation E-1 of the Third Schedule, mentioned in regulation 13(1) is not produced as required under that regulation.

(3) The owner and master of a ship shall each be guilty of an offence if any requirement relating to the ship under regulation B‑1, B‑2.1, B‑2.3, B-2.4, B-2.5, B-4.1, B-4.5, B‑5.1, B‑6, D‑1.1 or D‑2.1 of the Annex is not complied with.

(4) The owner and master of a ship shall each be guilty of an offence if ballast water book entries are not maintained on board the ship for a minimum period of 2 years after the last entry as required under regulation B-2 of the Annex.

(5) The owner of a ship shall be guilty of an offence if ballast water book entries are not maintained in the Company’s control for a minimum period of 3 years immediately after the 2‑year period mentioned in paragraph (4) as required under regulation B‑2 of Annex.

(6) The owner and master of a ship shall each be guilty of an offence if any requirement relating to the ship under regulation B‑3 of the Second Schedule is not complied with.

(7) The owner and master of a ship shall each be guilty of an offence if any requirement relating to the ship under regulation E‑1.1, E-1.7, E-1.9 or E-1.10 of the Annex is not complied with.

(8) An owner, master or agent of a ship who is guilty of an offence under this regulation shall each be liable on conviction to a fine not exceeding $10,000.

Fees

17. The fees specified in the second column of the Fourth Schedule are payable to the Director for services set out in the first column of that Schedule.

Made on 7 September 2017.

NIAM CHIANG MENG

Chairman,
Maritime and Port Authority of Singapore.

[MPA 46/06.C13.V03/LSK; AG/LLRD/SL/243/2010/8 Vol. 1]

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