Singapore legislation

Section 10

of Prevention of Pollution of the Sea Act

Section 10

Regulations requiring the keeping of oil record books

(1)

The Minister may make regulations requiring oil record books to be carried in all ships in Singapore waters and requiring the master of any such ship to record in the oil record book carried by it —

(a)

the carrying out, on board or in connection with the ship, of such of the following operations as may be prescribed:

(i)

the loading of oil cargo;

(ii)

the transfer of oil cargo during a voyage;

(iii)

the discharge of oil cargo;

(iv)

the ballasting of oil tanks (whether cargo or bunker fuel tanks) and the discharge of ballast from, and cleaning of those tanks;

(v)

the separation of oil from water, or from other substances, in any mixture containing oil;

(vi)

the disposal of any oil or water, or any other substance, arising from operations relating to any matters specified in this subsection; or

(vii)

the disposal of any other oil residue;

(b)

any occasion on which oil or a mixture containing oil is discharged from the ship for the purpose of securing the safety of any vessel, or of preventing damage to any vessel or cargo, or of saving lives; and

(c)

any occasion on which oil or a mixture containing oil is found to be escaping, or to have escaped, from the ship in consequence of damage to the ship, or by reason of leakage.

(2)

The Minister may make regulations requiring the keeping of records relating to the transfer of oil to and from vessels while they are in Singapore waters.

(3)

The requirements of any regulations made under subsection (2) shall be in addition to the requirements of any regulations made under subsection (1).

(4)

Any records requiring to be kept by regulations made under subsection (2) shall, unless the vessel is a barge, be kept by the master of the vessel and shall, if the vessel is a barge, be kept, in so far as they relate to the transfer of oil to the barge, by the person supplying the oil and, in so far as they relate to the transfer of oil from the barge, by the person to whom the oil is delivered.

(5)

Regulations made under this section requiring the carrying of oil record books or the keeping of records may —

(a)

prescribe the form of the oil record books or records and the nature of the entries to be made in them;

(b)

require the person providing or keeping the books or records to retain them for a prescribed period;

(c)

require that person, at the end of the prescribed period, to transmit the books or records to a place or person determined by the regulations; and

(d)

provide for the custody or disposal of the books or records after their transmission to such a place or person.

(6)

If any ship fails to carry such an oil record book as she is required to carry under this section, the owner, the agent or the master shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(7)

Any person who fails to comply with any requirements imposed by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(8)

Any person who makes an entry in any oil record book carried or record kept under this section which is to his knowledge false or misleading in any material particular 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 one year or to both.

(9)

In any proceedings under this Act —

(a)

any oil record book carried or record kept in pursuance of regulations made under this section shall be admissible as evidence of the facts stated in it;

(b)

any copy of an entry in such an oil record book or record which is certified by the master of the ship in which the book is carried or by the person by whom the record is required to be kept to be a true copy of the entry shall be admissible as evidence of the facts stated in the entry;

(c)

any document purporting to be an oil record book carried or record kept in pursuance of regulations made under this section, or purporting to be such a certified copy as is mentioned in paragraph (b) shall, unless the contrary is proved, be presumed to be such a book, record or copy, as the case may be.

Read in full context — Prevention of Pollution of the Sea Act →