Prevention of Pollution of the Sea (Air) Regulations 2022

No. S 837

Prevention of Pollution of the Sea Act 1990

Prevention of Pollution of the Sea
(Air) Regulations 2022

In exercise of the powers conferred by section 34 of the Prevention of Pollution of the Sea Act 1990, 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 (Air) Regulations 2022 and come into operation on 1 November 2022.

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);

“Annex II” means Annex II to the Convention which contains regulations for the control of pollution by 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);

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

“Annex V” means Annex V to the Convention which contains regulations for the prevention of pollution by garbage from ships and which is set out in the First Schedule to the Prevention of Pollution of the Sea (Garbage) Regulations 2012 (G.N. No. S 663/2012);

“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 1995 for the purposes of surveying ships and issuing certificates under Part 5 of that Act;

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

[S 1016/2022 wef 01/01/2023]

“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;

“SAPP Certificate” means a Singapore Air Pollution Prevention Certificate issued by the Director or an authorised organisation under regulation 8 or under the Prevention of Pollution of the Sea (Air) Regulations 2005 (G.N. No. S 134/2005).

Application

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

(2) These Regulations apply to —

(a)	Singapore ships; and
(b)	all other ships while they are in Singapore waters.

(3) A provision of Annex VI interpreted or explained by a provision of these Regulations has the same meaning attributed by the latter provision.

(4) For the purpose of regulation 1 of Annex VI, a reference to “all ships” in that regulation is a reference to the ships mentioned in paragraph (2).

Exemption

4. The Director may —

(a)	grant an exemption 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 any terms that the Director may specify; and
(b)	subject to giving reasonable notice, alter or cancel the 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.

(2) For the purposes of regulations 2.1.11, 12.6, 26.2 and 26.3.1 of Annex VI, a reference to the Administration is a reference to the Director or an authorised organisation.

(3) For the purposes of regulations 6, 9, 22, 23, 27 and 28 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.

(4) For the purposes of regulations 11, 18, 27.4, 27.6, 27.11, 28.10 and 29 and appendix VI of Annex VI, a reference to the Administration, appropriate authorities or competent authority is a reference to the Authority.

Powers to inspect

6.—(1) A ship to which these Regulations apply is subject, in Singapore waters, to inspection by a surveyor of ships.

(2) If the surveyor of ships finds, during an initial inspection, that the ship does not carry a valid IAPP Certificate or valid SAPP Certificate, the surveyor must take such steps as the surveyor considers necessary to ensure that the ship does not sail out of Singapore waters or operate in Singapore waters (as the case may be) until the ship obtains a valid certificate.

(3) If the surveyor of ships finds, during an initial inspection, that despite the ship carrying a valid IAPP Certificate or valid SAPP Certificate 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, the surveyor may subject the ship to a detailed inspection.

(4) After the detailed inspection, the surveyor of ships may require the ship to take such steps as the surveyor considers necessary to rectify any non‑compliance by the ship with the requirements of Annex VI.

(5) However, if the surveyor of ships is of the opinion that the ship is unable to sail out of Singapore waters or operate in Singapore waters without presenting an unreasonable threat of harm to the atmosphere or sea, the surveyor must take such steps as the surveyor considers necessary to prevent the ship from so sailing or operating until the ship can do so without the threat of such harm.

(6) The Director may in such a case permit the ship to proceed to the nearest appropriate repair yard.

(7) Upon receiving evidence that a particular ship has emitted any of the substances covered by Annex VI in violation of these Regulations, the Director must cause the matter to be investigated by an inspector and must inform the State which has reported the contravention, as well as IMO, of the action taken.

(8) 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 these Regulations in any place.

(9) The report of the investigation may be sent to the State requesting that 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 must produce an IAPP Certificate to the Port Master, at the time when a clearance for the ship is demanded for a voyage from Singapore to a port or place outside Singapore waters.

(2) The IAPP Certificate must be in force when the ship proceeds to sea.

(3) A clearance must not be granted, and the ship may be detained, until the IAPP Certificate is produced.

SAPP Certificate

8.—(1) This regulation applies to all ships of 400 gross tonnage and above that —

(a)	operate within Singapore waters; and
(b)	are not engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention.

(2) After a survey of a ship in accordance with regulation 5 of Annex VI relating to such ships, the Director or an authorised organisation must issue to that ship a SAPP Certificate in the form that the Director may determine, if the ship complies with chapter 3 of Annex VI.

(3) The SAPP Certificate must be in force when the ship operates in Singapore waters.

Penalties

9. If any ship fails to comply with regulation 7 or 8 or any requirement of Annex VI, 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.—(1) The fees specified in the second column of the Second Schedule are payable to the Director for the services provided by the Director specified opposite in the first column of that Schedule.

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

[S 1016/2022 wef 01/01/2023]

Partial waiver in 2023 due to increase in GST

10A. In respect of the fee for any supply of services provided by the Director specified in the first column of 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 1016/2022 wef 01/01/2023]

Revocation

11. The Prevention of Pollution of the Sea (Air) Regulations 2005 (G.N. No. S 134/2005) are revoked.

Made on 27 October 2022.

KEVIN SHUM

Member,
Maritime and Port Authority of Singapore.

[MPA 46/06.O11/MN; AG/LEGIS/SL/243/2020/4 Vol. 1]

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