Singapore legislation
Regulation 4
of Transport Safety Investigations (Marine Occurrences) Regulations 2023
Regulation 4
Meaning of “marine casualty” and associated definitions
Subregulation 1
In these Regulations, “marine casualty” means a marine occurrence or other occurrence associated with the operation of a ship where any of the following happens directly as a result of that occurrence: (a)an individual suffers a fatal ship‑related injury;
an individual suffers a serious ship‑related injury;
the loss of an individual from the ship;
the ship is lost, or presumed lost or abandoned;
the ship sustains material damage; (f)the stranding or disabling of the ship, or the involvement of the ship in a collision;
material damage to marine infrastructure external to the ship that could seriously endanger the safety of the ship, another ship or an individual; (h)severe damage to the environment, or the potential for severe damage to the environment, as a result of damage of the ship.
Subregulation 2
For the purposes of paragraph (1), “material damage” —
for a ship, means damage —
that —
significantly affects the structural integrity, performance or operational characteristics of the ship; and
requires major repair to or the replacement of at least one major component of the ship; or
that involves the total destruction of the ship; or
for a marine infrastructure, means damage —
that —
significantly affects the structural integrity, performance or operational characteristics of the marine infrastructure; and
requires major repair to or the replacement of at least one major component of the marine infrastructure; or
that involves the total destruction of the marine infrastructure.
Subregulation 3
For the purposes of paragraph (1), an individual suffers a fatal ship‑related injury in relation to the operation of a ship if —
he or she suffers an injury as a result of —
activities associated with the ship during its operation; or
direct contact during the operation of the ship with any part of the ship, including parts which have become detached from the ship; (b)he or she dies as a result of the injury within 30 days after sustaining the injury; and
none of the following applies:
the injury results from natural causes;
the injury is intentionally self‑inflicted;
the injury is intentionally caused by another person.
Subregulation 4
For the purposes of paragraph (1), an individual suffers a serious ship‑related injury in relation to the operation of a ship if —
he or she suffers an injury as a result of —
activities associated with the ship during its operation; or
direct contact during the operation of the ship with any part of the ship, including parts which have become detached from the ship; (b)the injury results in the individual’s total or partial inability to function normally, which —
starts no later than the 7th day after the date the individual sustained the injury; and
lasts for more than 72 hours after starting; (c)the injury is a serious injury; and (d)none of the following applies:
the injury results from natural causes;
the injury is intentionally self‑inflicted;
the injury is intentionally caused by another person.
Subregulation 5
In these Regulations, “marine incident” means a marine occurrence or other occurrence associated with the operation of a ship that —
is not a marine casualty; but(b)endangered, or would endanger if not corrected, the safety of the ship, its occupants or any other individual or the environment.
Subregulation 6
However, despite paragraphs (1) and (5), any act or omission, any series of acts or omissions, or both, with the intention to cause harm to the safety of a ship, an individual or the environment, must be disregarded for the purposes of the definitions of “marine casualty” and “marine incident”.