In forceAmended2020 Revised Edition

Contents

Prevention of Pollution ofthe Sea Act 1990 · 2020 Revised Edition · Part 3 · Prevention of Pollution from Ships

6. Prohibition of discharge of refuse, garbage, wastes, effluents, plastics and dangerous pollutants from ships

Amended

Last amended by an amending law of 2017.

(1)

Subject to subsection (2) and any regulations made under subsection (5), if any disposal or discharge of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form occurs from any ship into Singapore waters, the master, the owner and the agent of the ship shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.

(2)

Subsection (1) does not apply to the disposal or discharge of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form from a ship —

(a)

which is necessary for the purpose of securing the safety of a ship or saving life at sea; or

(b)

if the refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form (as the case may be) escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising the escape of the refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form, as the case may be.

(3)

Subsection (1) does not apply where a synthetic fishing net, or synthetic material used in the repair of such a net, on a ship is lost at sea, and all reasonable precautions were taken to prevent the loss.

(4)

For the purposes of subsection (2), damage to a ship or to its equipment is taken to be intentional damage, if the damage arose in circumstances in which the master, the owner or the agent of the ship —

(a)

acted with intent to cause the damage; or

(b)

acted recklessly and with knowledge that damage would probably result.

(5)

The Authority may, with the approval of the Minister, make regulations to exempt any ship from the operation of subsection (1), either absolutely or subject to any prescribed conditions, and either generally or as respects particular classes of ships, or in relation to particular descriptions of refuse, garbage, waste matter, trade effluent, plastics or marine pollutant in packaged form or to the disposal or discharge thereof in prescribed circumstances, or in relation to particular areas of the sea.

Terms defined in s 2

Authority
Defined · s 2
“Authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996;
Open s 2
discharge
Defined · s 2
“discharge”, in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship, place or thing and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying but does not include —(a)release of harmful substances directly arising from the exploration, exploitation and associated off‑shore processing of seabed mineral resources; or(b)release of harmful substances for purposes of legitimate scientific research into pollution abatement or control;
Open s 2
garbage
Defined · s 2
“garbage” means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except sewage originating from ships;
Open s 2
in packaged form
Defined · s 2
“in packaged form” means in an individual package or receptacle including a freight container or a portable tank or tank container or tank vehicle or shipborne barge or other cargo unit containing harmful substances for shipment;
Open s 2
marine pollutant
Defined · s 2
“marine pollutant” means a substance which is identified as a marine pollutant in the International Maritime Dangerous Goods Code published by the International Maritime Organisation, as amended from time to time;
Open s 2
master
Defined · s 2
“master” includes every person, except a pilot, having command or charge of any ship;
Open s 2
owner
Defined · s 2
“owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship or the bareboat charterer of the ship; and, in the case of a ship owned by a state and operated by a company which in that state is registered as the ship’s operator,
Open s 2
plastics
Defined · s 2
“plastics” includes, but is not limited to, synthetic ropes, synthetic fishing nets and plastic garbage bags;
Open s 2
ship
Defined · s 2
“ship” means a vessel of any type operating in the marine environment and includes hydrofoil boats, air‑cushion vehicles, submersibles, floating craft and fixed or floating platforms;
Open s 2
Singapore waters
Defined · s 2
“Singapore waters” means the following waters:(a)the whole of the sea within the seaward limits of the territorial waters of Singapore; (b)all other waters (including inland waters) which are within these limits and are subject to the ebb and flow of the ordinary tides;
Open s 2
trade effluent
Defined · s 2
“trade effluent” means the solid or liquid waste of any trade, business or manufacture.
Open s 2

Report

Read on from s 7

Part 4

Preventive Measures Against Pollutionof the Sea

Read on from Part 4

Part 5

Recovery of Costs

Read on from Part 5

Part 6

Miscellaneous Provisions

Read on from Part 6