Singapore legislation

Regulation 16

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

Regulation 16

Offences

Amended byS 685/2019 wef 13/10/2019S 685/2019 wef 13/10/2019S 685/2019 wef 13/10/2019S 685/2019 wef 13/10/2019

Subregulation 1

Amended byS 685/2019 wef 13/10/2019

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

(a)

if the owner or master of the ship fails to ensure that any exemption granted under regulation 5(1) or (3) is recorded in the ballast water record book of the ship as required under regulation 5(4);

(b)

if the owner or master of the ship refuses or fails to comply with a direction given by the Director under regulation 14(6) or (7);

(c)

if the ship fails to have on board for inspection an approved ballast water management plan or a ballast water record book as required under regulation 14(8)(a); or

(d)

if the ship, being a relevant ship of 400 gross tonnage and above, fails to have on board for inspection an IBWM Certificate, or written evidence of compliance with the requirements of regulation E‑1 of the Annex, as required under regulation 14(8)(b).

Subregulation 2

Amended byS 685/2019 wef 13/10/2019

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.

Subregulation 3

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.

Subregulation 4

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.

Subregulation 5

Amended byS 685/2019 wef 13/10/2019

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.

Subregulation 6

Amended byS 685/2019 wef 13/10/2019

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.

Subregulation 7

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.

Subregulation 8

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.