Prevention of Pollution of the Sea (Oil) Regulations 2006

No. S 685

Prevention of Pollution of the Sea Act

(Chapter 243)

Prevention of Pollution of the Sea (Oil) Regulations 2006

In exercise of the powers conferred by sections 7(4), 12 and 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 (Oil) Regulations 2006 and shall come into operation on 1st January 2007.

Definitions

2. For the purposes of these Regulations —

“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;

“authorised organisation” means an organisation authorised by regulations made under section 116 of the Merchant Shipping Act 1995 for the purposes of surveying ships and issuing certificates under Part 5 of that Act;

[S 835/2022 wef 31/12/2021]

“Contracting Party” means any State Party to the Convention;

“GST” means the goods and services tax chargeable under the Goods and Services Tax Act 1993;

[S 1019/2022 wef 01/01/2023]

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

[S 792/2010 wef 01/01/2011]

“IOPP Certificate” means an International Oil Pollution Prevention Certificate issued under regulation 7 of Annex I by the Administration of any Contracting Party to the Convention;

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

Application

3.—(1) Annex I, with the exception of regulation 38 thereof, shall, subject to these Regulations, have the force of law in Singapore.

(2) A provision of Annex I 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 I, the 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.

[S 792/2010 wef 01/01/2011]

Exemptions

4. The Director may grant exemptions from all or any of these Regulations including Annex I (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

Administration

5.—(1) Except where provided in these Regulations, for the purposes of these Regulations, references to the Administration and to an officer of the Administration shall be read as references to the Director and a surveyor of ships respectively, and references to a nominated surveyor or recognised organisation shall be read as references to an authorised organisation.

(2) For the purposes of regulation 7.2 of Annex I, references to the Administration shall be read as references to the Director, and references to persons or organisations duly authorised by the Administration shall be read as references to authorised organisations.

[S 792/2010 wef 01/01/2011]

(3) For the purposes of regulations 1.39, 14.3, 14.5.3.1, 17.1, 18.5, 18.8.2, 18.8.4, 18.10.1.1, 19.8, 23.3.1, 25.5, 27.3.1, 28.1.3, 28.3.4, 28.4.4, 29.2.1, 29.2.3, 30.6.5.2, 30.7, 31.4, 33, 35.1, 36.1, 37.1, 39, 40.1 and 41.1 of Annex I, references to the Administration shall be read as references to the Director or an authorised organisation.

[S 792/2010 wef 01/01/2011]

[S 805/2020 wef 01/10/2020]

(4) For the purpose of these Regulations, references to the authority or authorities shall be read as references to the Authority.

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 IOPP Certificate in the form prescribed by the Convention or a valid SOPP 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 IOPP Certificate in the form prescribed by the Convention or a valid SOPP 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.

(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 discharged oil or an oily mixture 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.

(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 Contracting Party together with sufficient evidence that the ship has discharged oil or an oily mixture contrary to the provisions of Annex I 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.

Authorised organisations

6A. An authorised organisation must comply with such provisions as may be applicable to it in part 2 of the Code for Recognized Organizations referred to in regulation 6.3.1 of Annex I.

[S 867/2014 wef 01/01/2015]

Prohibition on proceeding to sea without Certificate

7.—(1) The master of —

(a)	every oil tanker of 150 gross tonnage and above; or
(b)	any other 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 IOPP 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 IOPP Certificate is so produced.

SOPP Certificate

8.—(1) The Director or an authorised organisation shall, after a survey in accordance with the provisions of regulation 6 of Annex I which relates to —

(a)	an oil tanker of 150 gross tonnage and above; or
(b)	any other ship of 400 gross tonnage and above,

which operates within Singapore waters and is not engaged in voyages to ports or offshore terminals under the jurisdiction of other Contracting Parties, issue in relation to that ship a SOPP Certificate in such form as the Director may determine; and the annual survey requirements of regulation 6 of Annex I shall not apply to such ships.

(2) The SOPP Certificate shall be issued in the form set out in Appendix II of Annex I modified in line with this regulation and approved by the Director.

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 $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Exemption in certain circumstances

10. For the purposes of section 7(4) of the Act, the ships exempted from the operation of section 7(1) of the Act shall be such ships as are exempted from the prohibition of the discharge into the sea of oil or oily mixtures in accordance with the provisions of Annex I.

Fees

11.—(1) The fees specified in the Second Schedule are payable to the Director for the services provided by the Director specified in that Schedule.

(2) Where GST is chargeable on any supply of services provided by the Director specified in the Second Schedule, GST is calculated based on the rate in force at the time the services are supplied.

[S 1019/2022 wef 01/01/2023]

Partial waiver in 2023 due to increase in GST

11A. In respect of the fee for any supply of services specified in the Second Schedule that is chargeable with GST, an amount equivalent to 1% of the fee (exclusive of GST) is waived for the period between 1 January 2023 and 31 December 2023 (both dates inclusive).

[S 1019/2022 wef 01/01/2023]

Revocation

12. The Prevention of Pollution of the Sea (Oil) Regulations (Rg 1) are revoked.

Made this 22nd day of December 2006.

PETER ONG

Chairman,
Maritime and Port Authority of Singapore.

[MPA 46/06.C03.V06/MM; AG/LEG/SL/243/2003/1 Vol. 4]

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