Prevention of Pollution of the Sea (Air) Regulations 2022

Subject to these Regulations, Annex VI has the force of law in Singapore.

These Regulations apply to —

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

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).

Except where otherwise provided in these Regulations —

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.

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.

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.

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

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.

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.

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.

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.

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

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.

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.

The report of the investigation may be sent to the State requesting that investigation and the State in which the ship is registered.

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.

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

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

This regulation applies to all ships of 400 gross tonnage and above that —

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.

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

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.

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.