Singapore legislation

Section 34

of Prevention of Pollution ofthe Sea Act 1990

Section 34

Regulations

Amended by26/201726/201726/2017

(1)

The Authority may, with the approval of the Minister, make such regulations as appear to the Authority necessary or expedient for the purposes of carrying out the provisions of this Act and for prescribing anything which may be prescribed under this Act and, in particular, for the purpose of —

(a)

giving effect to any provision of the Convention which has not been given effect to in this Act;

(b)

giving effect to any provision of the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (including the Final Act of the Conference and the attached resolutions) signed in London on 30 November 1990;

(c)

giving effect to any provision of the Ballast Water Management Convention which has not been given effect to in this Act;

(d)

giving effect to any provision of any international agreement not mentioned in paragraph (a), (b) or (c) which relates to the prevention, reduction or control of pollution of the sea or pollution from ships;

(e)

giving effect to any international agreement which modifies any of the international agreements mentioned in paragraph (a), (b), (c) or (d); and

(f)

prescribing any measure which the Authority considers necessary for the protection of the marine environment and for the prevention, control or reduction of pollution of the sea or pollution from ships.

Amended by26/2017

(2)

Without limiting subsection (1), the Authority may, with the approval of the Minister, by such regulations —

(a)

require persons carrying on any trade, business or manufacture to install such equipment as the Authority may prescribe for the purpose of eliminating any oil in any trade effluent and for preventing or reducing the discharge of any trade effluent into Singapore waters;

(b)

require the owners or operators of cargo terminals, shipyards, oil refineries and oil terminals in Singapore, and such other facilities in Singapore as the Port Master may determine, to store such detergents, dispersants and equipment as the Authority may prescribe to deal with any pollution of Singapore waters;

(c)

provide for the conduct of investigations of casualties in respect of any discharge from a ship or any contravention of the provisions of this Act or any regulations made under this Act;

(d)

provide for the appointment, registration, duties and powers of MARPOL surveyors and the approval of the organisation employing such surveyors for the purposes of giving effect to Annex II to the Convention;

(e)

provide for the nomination and registration of surveyors, and for the recognition of organisations to conduct surveys, for the purposes of the Ballast Water Management Convention, and for the duties and powers of such surveyors and organisations;

(f)

prescribe fees to be paid in respect of the issue or recording of any certificate, licence or other instrument or the doing of any other thing pursuant to this Act or any regulations made under this Act;

(g)

provide for the approval of documents and the carrying out of surveys and inspections for the purpose of giving effect to any of the international agreements referred to in subsection (1)(a) to (e), or to a measure mentioned in subsection (1)(f) and the issue, duration and recognition of any certificate for that purpose;

(h)

provide for the denial of entry or prohibition of proceeding to sea of any ship which does not have in force a certificate issued pursuant to any regulations made under paragraph (g); and

(i)

provide for the extraterritorial application of any of the regulations to Singapore ships and to persons on board Singapore ships.

Amended by26/2017

(3)

Any regulations made under this section or any other section may —

(a)

make different provisions for different circumstances;

(b)

empower any specified person to grant exemption from any provisions of the regulations;

(c)

provide for the delegation of functions exercisable by virtue of the regulations;

(d)

include such incidental, supplemental and transitional provisions as appear to the Authority to be expedient for the purposes of the regulations; and

(e)

provide that a contravention thereof shall be punishable by a fine not exceeding $20,000 or with imprisonment for a term not exceeding 2 years or with both.

Amended by26/2017