Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations 2006

For the purposes of these Regulations —[Deleted by S 868/2014 wef 01/01/2015](2) For the purposes of the definition of “noxious liquid substance” in section 2 of the Act, the substances prescribed as being noxious liquid substances shall be such substances as are designated in Appendix 1 to Annex II or provisionally assessed under regulation 1.10 of Annex II as falling into category X, Y or Z.

Annex II, with the exception of regulation 18 thereof, shall, subject to these Regulations, have the force of law in Singapore.

A provision of Annex II interpreted or explained by a provision of these Regulations shall be read as having the same meaning attributed by that provision.

For the purposes of regulation 2.1 of Annex II, the reference to “all ships certified to carry Noxious Liquid Substances in bulk” shall be read as a reference to —

Except where provided in these Regulations, for the purposes of these Regulations, references to the Administration shall be read as references to the Director.

For the purposes of regulation 3.1.3 of Annex II, the reference to the Administration shall be read as a reference to the Director or the Port Master.

For the purposes of regulations 1.22, 4.4.1, 4.4.4, 5.3.5, 12.5, 13.3, 13.4.3, 13.5.1, 13.6.1.3.1, 14.1, 15.1, 16.8 and 17.1 and the Appendices of Annex II, references to the Administration shall be read as references to the Director or an authorised organisation.

For the purposes of these Regulations, references to an officer of the Administration shall be read as references to a surveyor of ships, and references to a nominated surveyor, recognised organisation or organisation duly authorised shall be read as references to an authorised organisation.

For the purposes of regulation 15.6 of Annex II, the reference to the competent authority of the Government of a Party shall be read as a reference to the Director, the Port Master, an authorised organisation, a MARPOL surveyor or any person acting under the direction of the Director or the Port Master.

For the purposes of regulation 16 of Annex II —

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

Any such inspection shall be limited to verifying that there is on board in relation to that ship a valid certificate referred to in regulation 9 or 10 of Annex II or a valid SNLS Certificate unless 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.

In the case referred to in paragraph (2), or if the ship does not carry a valid Certificate referred to in regulation 9 or 10 of Annex II or a valid SNLS Certificate, the surveyor of ships shall take such steps as he may consider necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment.

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 discharged noxious liquid substances or unassessed liquid substances carried in bulk or a mixture containing such substances contrary to the provisions of these Regulations, the Director shall cause the matter to be investigated by an inspector and shall 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 discharged noxious liquid substances or unassessed liquid substances carried in bulk or a mixture containing such substances contrary to the provisions of these Regulations in any place.

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

The master of every ship to which these Regulations apply shall produce to the Port Master, at the time a clearance for the ship is demanded for a voyage from Singapore to a port or place outside Singapore waters, the relevant certificate referred to in regulation 9 or 10 of Annex II as appropriate to be in force when the ship proceeds to sea.

A clearance shall not be granted, and the ship may be detained, until the certificate or certificates are so produced.

The Director or an authorised organisation shall, after a survey in accordance with the provisions of regulation 8 of Annex II which relates to any ship carrying noxious liquid substances in bulk which operates within Singapore waters and is not engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention, issue a SNLS Certificate; and the annual survey requirements of regulation 8 of Annex II shall not apply to such ships.

The SNLS Certificate shall be issued in the form set out in Appendix 3 of Annex II modified in line with this regulation and approved by the Director.

The fees specified in the Third Schedule are payable to the Director for the services provided by the Director specified in that Schedule.

Where GST is chargeable on any supply of services provided by the Director specified in the Third Schedule, GST is calculated based on the rate in force at the time the services are supplied.