Prevention of Pollution of the Sea (Ballast Water Management) Regulations 2017

Subject to these Regulations, the Annex (other than regulations C‑3 and D‑5) has the force of law in Singapore.

Any reference to “ship” or “ships” in these Regulations and the Annex is a reference to —

These Regulations apply to the ships mentioned in paragraph (2) unless the ships are excluded from the application of the Ballast Water Management Convention under Article 3(2) of the Convention.

To avoid doubt, ships that are excluded from the application of the Ballast Water Management Convention under Article 3(2)(b) and (d) of the Convention are ships that only operate in Singapore waters, or that only operate in Singapore waters and on the high seas, unless the Director determines that the discharge of ballast water from such ships would impair or damage the environment, human health, property or resources, of Singapore or other States.

For the purposes of regulations A-5, B-3.8, D-4.1, D-4.2, E-1.1.2, E-1.2, E-1.3, E-1.4, E-1.5, E-1.6, E-1.7, E-1.8, E-2.1, E-2.2, E-3.1, E-3.2, E-3.3, E-5.1, E-5.3, E-5.5, E-5.6, E-5.7 and E-5.9.1 of the Annex, a reference to the Administration is a reference to the Director.

For the purposes of regulations A-1.5.3, B-1, D-3.1 and E-1.10 of the Annex, a reference to the Administration is a reference to the Director or an authorised organisation.

For the purposes of regulations E-2.2 and E-5.4 of the Annex, a reference to a person or organisation authorised or duly authorised by the Administration is a reference to an authorised organisation.

For the purposes of regulations B-3.1, B.3.2, B-3.4, B-3.8 and B-3.10, a reference to the renewal survey is a reference to the renewal survey associated with the IOPP Certificate under MARPOL Annex I.

In Appendix I of the Annex —

The Director may exempt any person or ship, or class or description of persons or ships from all or any of these Regulations on such terms as the Director may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

In granting an exemption from any requirement of regulation B-3 (relating to Ballast Water Management for Ships) or C-1 (relating to Additional Measures) of the Annex, the Director must comply with the requirements of regulation A-4.1 to A-4.4 of the Annex.

The Port Master may exempt any ship, or description of ships within the port, from the operation of section 10A(1) of the Act, on such terms as the Port Master may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

The owner or master of a ship must ensure that any exemption granted under paragraph (1) or (3) is recorded in the ballast water record book of the ship.

Section 10A(1) of the Act does not apply to the discharge of ballast water if the discharge is made into any part of the sea by a ship through ballast water management that meets the standard described in regulation D-2 of the Annex.

Until such time as a ship is required to conduct ballast water management under regulation B-3 of the Annex, the following discharges of ballast water by a Singapore ship into any sea, or by any ship into Singapore waters, are exempt from the operation of section 10A(1) of the Act:

For the purposes of section 10A(3) of the Act, a ship that discharges sediments into the sea is exempt from the operation of section 10A(1) of the Act in relation to that discharge, if the discharge was made —

Despite any other exemption under regulation B-4 of the Annex, a ship is exempted from conducting ballast water exchange in accordance with the requirements of regulation B-4.1 of the Annex before the ship’s entry into Singapore waters if it is not possible for that ship to conduct ballast water exchange in accordance with the requirements of regulation B‑4.1 of the Annex.

The requirements of regulation B-3 of the Annex do not apply to a ship exempted under paragraph (1).

A ship mentioned in paragraph (1) that does not conduct ballast water exchange must record the reasons for not conducting ballast water exchange in its ballast water record book.

A ship must conduct ballast water management in accordance with regulation B-3 of the Annex.

For the purpose of regulation B-3.7 of the Annex, other methods of ballast water management may be accepted as alternatives by the Director.

The owner of a Singapore ship that is a relevant ship of 400 gross tonnage and above may apply to the Director or an authorised organisation for an IBWM Certificate.

The Director or an authorised organisation may, upon an application under paragraph (1) and after a survey of the ship in accordance with the provisions of regulation E-1 of the Annex, issue an IBWM Certificate in respect of the ship.

For the purposes of these Regulations, the duration and validity of an IBWM Certificate issued in respect of a ship is determined in accordance with regulation E-5 of the Annex.

The manufacturer of a ballast water management system may apply to the Director for approval of a ballast water management system for installation on board a Singapore ship.

The Director or an authorised organisation may issue a Type Approval Certificate to the manufacturer if the Director or the authorised organisation, as the case may be, is satisfied that the ballast water management system meets the requirements of regulation D-3 of the Annex.

Despite paragraph (2), where the ballast water management system has already been approved by the Administration of any State, the Director may, in respect of a ship on which the ballast water management system is installed, issue an IBWM Certificate to the owner of the ship.

The owner of a Singapore ship may apply to the Director or an authorised organisation for approval of a ballast water management plan for that ship.

The Director or an authorised organisation may approve the ballast water management plan if the Director or the authorised organisation, as the case may be, is satisfied that the plan meets the requirements of regulation B-1 of the Annex.

The owner, master or agent of a relevant ship that is of 400 gross tonnage and above must produce to the Port Master, at the time clearance for the ship under section 46 of the Maritime and Port Authority of Singapore Act (Cap. 170A) is demanded for a voyage from Singapore to a port or place outside Singapore waters —

Clearance for a ship may be refused and the ship may be detained until the certificate mentioned in paragraph (1)(a), or the evidence mentioned in paragraph (1)(b), is produced.

The Port Master may, in the Port Master’s discretion, exempt any ship from the requirements of paragraph (1).

A ship in Singapore waters is subject to inspection by an inspector taking into account guidelines for surveys developed by IMO.

Subject to paragraph (4), any inspection under paragraph (1) of a ship of 400 gross tonnage and above is limited to one or more of the following:

Subject to paragraph (4) or (5), any inspection under paragraph (1) of a ship below 400 gross tonnage is limited to one or more of the following:

A detailed inspection of the ship may be carried out by an inspector in any of the circumstances in which a detailed inspection of a ship is permitted by the Ballast Water Management Convention.

Without limiting paragraph (4), a detailed inspection may be carried out in any of the following circumstances:

Where the sampling mentioned in paragraph (2)(c) or (3)(c) leads to a result, or supports information received from another port or offshore terminal, indicating that the ship poses a threat to the environment, human health, property or resources, the Director may direct the owner, master or agent of the ship to take steps to prevent the ship from discharging ballast water until the threat is removed.

In any case where a detailed inspection may be carried out under paragraph (4) or (5), the Director may direct the owner, master or agent of the ship to take such steps as will ensure that the ship will not discharge ballast water until it can do so without presenting a threat of harm to the environment, human health, property or resources.

There must be readily available for inspection aboard each ship —

The Director may cause any ship to be inspected by an inspector when it enters a port, a shipyard or an offshore terminal in Singapore waters, if the Director receives —

Following a report of an inspection by an inspector under paragraph (9), the Director may send the report to —

A ship is liable to be detained under section 23 of the Act if an inspector has, following an inspection, determined —

The Director may permit a ship detained under paragraph (1) to leave Singapore waters for the purpose of discharging ballast water or proceeding to the nearest repair yard or reception facility available, if doing so does not present a threat of harm to the environment, human health, property or resources.

The master and owner of a ship shall each be guilty of an offence —

The owner, master and agent of a ship shall each be guilty of an offence if the IBWM Certificate, or the written evidence of compliance with the requirements of regulation E-1 of the Annex, mentioned in regulation 13(1) is not produced as required under that regulation.

The owner and master of a ship shall each be guilty of an offence if any requirement relating to the ship under regulation B‑1, B‑2.1, B‑2.3, B-2.4, B-2.5, B-4.1, B-4.5, B‑5.1, B‑6, D‑1.1 or D‑2.1 of the Annex is not complied with.

The owner and master of a ship shall each be guilty of an offence if ballast water book entries are not maintained on board the ship for a minimum period of 2 years after the last entry as required under regulation B-2 of the Annex.

The owner of a ship shall be guilty of an offence if ballast water book entries are not maintained in the Company’s control for a minimum period of 3 years immediately after the 2‑year period mentioned in paragraph (4) as required under regulation B‑2 of the Annex.

The owner and master of a ship shall each be guilty of an offence if any requirement relating to the ship under regulation B‑3 of the Annex is not complied with.

The owner and master of a ship shall each be guilty of an offence if any requirement relating to the ship under regulation E‑1.1, E-1.7, E-1.9 or E-1.10 of the Annex is not complied with.

An owner, master or agent of a ship who is guilty of an offence under this regulation shall each be liable on conviction to a fine not exceeding $10,000.

The fees specified in the second column of the Fourth Schedule are payable to the Director for the services specified opposite in the first column of that Schedule.

Where GST is chargeable on any supply of services specified in the first column of the Fourth Schedule, GST is calculated based on the rate in force at the time the services are supplied.