In force2020 Revised Edition

Contents

Merchant Shipping (Wreck Removal) Act 2017 · 2020 Revised Edition · Part 2 · Reporting of Wrecks

4. Reporting of wrecks

(1)

Where a Singapore ship is involved in a maritime casualty resulting in a wreck in a Convention area other than Singapore’s Convention area, the master or the operator of that ship must report the wreck to the government of the affected State without delay.

(2)

Where a Singapore ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area, the master or the operator of that ship must report the wreck to the Director without delay.

(3)

The report mentioned in subsections (1) and (2) must contain —

(a)

the name and principal place of business of the registered owner of the ship involved in the maritime casualty; and

(b)

so far as it is known, the following information:

(i)

the precise location of the wreck;

(ii)

the type, size and construction of the wreck;

(iii)

the nature of the damage to, and the condition of, the wreck;

(iv)

the nature and quantity of the cargo, in particular any hazardous and noxious substances;

(v)

the amount and types of oil, including bunker oil and lubricating oil, on board.

(4)

If any of the persons mentioned in subsection (1) or (2) makes a report under that subsection, the other person mentioned in that subsection is not required to make the report.

(5)

If a report required to be made under subsection (1) or (2) is not made, the master and the operator of the ship shall each be guilty of an offence.

(6)

If the report made under subsection (1) or (2) does not comply with subsection (3), the master or the operator of the ship who made the report shall be guilty of an offence.

(7)

A master or an operator of a ship who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000.

Terms defined in s 2

affected State
Defined · s 2
“affected State” means the State in whose Convention area the wreck is located;
Open s 2
Convention area
Defined · s 2
“Convention area” means the exclusive economic zone of a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured;
Open s 2
damage
Defined · s 2
“damage” includes loss;
Open s 2
Director
Defined · s 2
“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that section;
Open s 2
maritime casualty
Defined · s 2
“maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo;
Open s 2
master
Defined · s 2
“master”, in relation to a ship, includes every person, except a pilot, having command or charge of the ship;
Open s 2
operator
Defined · s 2
“operator”, in relation to a ship, means —(a)the owner of the ship; or(b)any other 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 duties and responsibilities established under the International Safety Management Code;
Open s 2
registered owner
Defined · s 2
“registered owner”, in relation to a ship, means —(a)the person registered as the owner of the ship; or(b)in the absence of registration, the person owning the ship,except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
Open s 2
ship
Defined · s 2
“ship” means a seagoing vessel of any type whatsoever, and includes hydrofoil boats, air‑cushion vehicles, submersibles, floating craft and floating platforms, except when those platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources;
Open s 2
Singapore ship
Defined · s 2
“Singapore ship” means a ship —(a)that is registered, provisionally or otherwise, under Part 2 of the Merchant Shipping Act 1995; and(b)which registry is not closed or deemed to be closed or suspended under that Part;
Open s 2
wreck
Defined · s 2
“wreck”, following upon a maritime casualty, means —(a)a sunken or stranded ship;(b)any part of a sunken or stranded ship, including any object that is or has been on board such a ship;(c)any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or(d)a ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken.
Open s 2

Report

Part 3

Locating, Marking and Removal of Wrecks

Read on from Part 3

Part 4

Liability for Wreck Removal

Read on from Part 4

Part 5

Miscellaneous

Read on from Part 5

Schedules

Read on from Schedules