Singapore legislation
Regulation 14
of Prevention of Pollution of the Sea (Ballast Water Management) Regulations 2017
Regulation 14
Powers to inspect
Subregulation 1
A ship in Singapore waters is subject to inspection by an inspector taking into account guidelines for surveys developed by IMO.
Subregulation 2
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:
verifying —
in the case of a relevant ship the flag State of which is a Contracting Party, that the ship carries a valid IBWM Certificate; or
in the case of a relevant ship the flag State of which is not a Contracting Party, that there is written evidence of compliance with the requirements of regulation E‑1 of the Annex;
inspecting the ballast water record book;
sampling the ship’s ballast water taking into account ballast water sampling and analysis guidelines developed by IMO.
Subregulation 3
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:
verifying that the ship carries an approved ballast water management plan;
inspecting the ballast water record book;
sampling the ship’s ballast water taking into account ballast water sampling and analysis guidelines developed by IMO.
Subregulation 4
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.
Subregulation 5
Without limiting paragraph (4), a detailed inspection may be carried out in any of the following circumstances:
the ship does not carry an approved ballast water management plan or a ballast water record book;
the master or the crew of the ship are not familiar with essential shipboard procedures relating to ballast water management, or have not implemented such procedures;
in the case of a relevant ship of 400 gross tonnage and above —
if the flag State of the ship is a Contracting Party —
the ship does not carry a valid IBWM Certificate; or
the condition of the ship or its equipment does not correspond substantially with the particulars of the ship’s IBWM Certificate or approved ballast water management plan;
if the flag State of the ship is not a Contracting Party —
the ship does not carry any written evidence of compliance with the requirements of regulation E-1 of the Annex; or
the condition of the ship or its equipment does not correspond substantially with any written evidence of compliance with the requirements of regulation E-1 of the Annex.
Subregulation 6
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.
Subregulation 7
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.
Subregulation 8
There must be readily available for inspection aboard each ship —
an approved ballast water management plan and a ballast water record book; and
in the case of a relevant ship of 400 gross tonnage and above, an IBWM Certificate or a written evidence of compliance with the requirements of regulation E‑1 of the Annex.
Subregulation 9
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 —
a request for an investigation from any Contracting Party; or
evidence that the ship is operating or has operated in violation of the Ballast Water Management Convention in any place.
Subregulation 10
Following a report of an inspection by an inspector under paragraph (9), the Director may send the report to —
the Contracting Party requesting the investigation; and
the competent authority of the Administration of the ship.