Pollution of Waters by Oil and Noxious Substances Act 1987 02-a0-07 Xml

Crest Western Australia

Pollution of Waters by Oil and Noxious Substances Act 1987

		Reprinted under the Reprints Act 1984 as
		at 6 January 2012

Western Australia

Pollution of Waters by Oil and Noxious Substances Act 1987

Contents

Part I — Preliminary

1.Short title2

2.Commencement2

3.Terms used2

4.Crown bound6

5.Saving of other laws6

6.Delegation by Minister and harbour masters6

Part II — Pollution by oil

7.Terms used7

8.Discharge of oil etc. into State waters, offence7

9.Discharge of oil etc. into State waters during transfer operation, offence13

10.Discharge of oil residues into State waters, offence13

11.Certain incidents involving oil or oily mixture on ship to be reported14

12.Discharge of oil or oily mixture from land to be reported16

13.Oil record book, duty of ships to carry etc.17

14.Oil record book, false entries in18

15.Oil record book to be retained18

Part III — Pollution by noxious substances

16.Terms used20

17.Application of Act to mixture of oil and liquid substance20

18.Annex II Appendix II, designation of liquid substances for; categories of liquid substances20

19.Annex II Appendix III, designation of liquid substances for21

20.Discharge of liquid substances etc. into State waters, offence21

21.Certain liquid substances to be treated as oil29

22.Certain incidents involving certain substances on ship to be reported30

23.Cargo record book, duty of ships to carry etc.33

24.Cargo record book, false entries in34

25.Cargo record book to be retained34

26.Cleaning of ships’ tanks, regulations about35

Part IV — Miscellaneous

27.Pollution by oil etc., powers to deal with etc.36

28.Pollution by liquid substances, powers to deal with etc.37

29.Inspectors’ powers39

30.Prosecutions, no time limit for40

31.Summonses, service of41

32.Evidentiary provisions41

33.Analysts, appointment, evidence of42

34.Inspectors, protection of from liability42

35.Regulations43

36.Orders made under regulations, general provisions about44

37.Prescribing matters by reference to other instruments45

38.Repeal and saving45

Schedule 1 — 1973 Convention

Schedule 2 — 1978 Protocol

Schedule 3 — 1984 amendments to annex to Protocol

Schedule 4 — 1985 amendments to annex to Protocol

Schedule 5 — 1985 amendments to Protocol I

Notes

Compilation table298

Defined terms

		Reprinted under the Reprints Act 1984 as
		at 6 January 2012

Western Australia

Pollution of Waters by Oil and Noxious Substances Act 1987

An Act relating to the protection of the sea and certain waters from pollution by oil and other noxious substances discharged from ships and places on land and for related purposes.

Part I — Preliminary

1.Short title

This Act may be cited as the Pollution of Waters by Oil and Noxious Substances Act 1987 1.

2.Commencement

The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation 1.

3.Terms used

(1)In this Act unless the contrary intention appears —

1973 Convention means the International Convention for the Prevention of Pollution from Ships, 1973 as corrected by the Proces‑Verbal of Rectification dated 13 June 1978 (a copy of the English text of which, apart from Annexes III, IV and V, as so corrected is set out in Schedule 1), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention;

1978 Protocol means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (a copy of the English text of which, apart from Annexes III, IV and V to it, is set out in Schedule 2) as affected by —

(a)the amendments to the annex to the Protocol adopted on 7 September 1984 (a copy of the English text of which amendments is set out in Schedule 3); and

(b)the amendments to the Protocol adopted on 5 December 1985 (a copy of the English text of which relating to the annex of the Protocol is set out in Schedule 4 and a copy of the English text of which relating to Protocol I to the Convention is set out in Schedule 5); and

(c)any other amendment to the Protocol, other than an amendment not accepted by Australia , made under Article VI of the Protocol;

Australian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under section 4(2) of the Fisheries Act 1952 of the Commonwealth is in force;

Australian ship means —

(a)a ship registered in Australia ; or

(b)an unregistered ship having Australian nationality;

Convention means the 1973 Convention as modified and added to by the 1978 Protocol;

harbour master means a harbour master appointed under section 4 of the Shipping and Pilotage Act 1967 or section 102 of the Port Authorities Act 1999 for a port and also means a person for the time being carrying out the duties of such a harbour master during his absence, illness or incapacity;

inspector means —

(a)a person who is an inspector for the purposes of the Western Australian Marine Act 1982; or

(b)a person who is appointed in writing by the Minister to be an inspector for the purposes of this Act; or

(c)a harbour master; or

(d)a police office;

master in relation to a ship, means a person, other than a pilot, having command or charge of the ship;

occupier means —

(a)in relation to a place on land, the person by whom or on whose behalf the place is actually occupied or if there is no such person the person entitled to possession of the place; and

(b)in relation to a vehicle, the person in charge or the owner of the vehicle, but not the occupier of the land on or over which the vehicle stands or moves; and

(c)in relation to a place on land being a pipeline, the person who undertakes the carriage of oil or an oily mixture by means of the pipeline;

place on land includes —

(a)any structure or apparatus on land; and

(b)any thing or vehicle resting on or moving over land; and

(c)anything resting on or lying under the bed, banks or shores of any State waters; and

(d)anything afloat (other than a ship) if it is anchored or attached to the bed, bank or shore of any State waters or is used in any operation for the exploration of the sea‑bed or subsoil beneath any State waters or for the exploitation of the natural resources of that sea‑bed or subsoil;

pleasure vessel has the same meaning as in the Western Australian Marine Act 1982;

port authority means a port authority established under the Port Authorities Act 1999;

State waters means —

(a)the territorial sea adjacent to the State; and

(b)the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and

(c)waters within the limits of the State;

this Act includes the regulations and orders made in pursuance of the regulations;

Tonnage Measurement Convention has the same meaning as in Part XA of the Navigation Act 1912 of the Commonwealth;

trading ship has the same meaning as in the Western Australian Marine Act 1982.

(2)A reference in a section of this Act to a prescribed officer shall be read as a reference to the person for the time being occupying, or performing the duties of, an office in the Department or public authority of the State that deals with matters arising under that section, being an office that is prescribed for the purposes of that section.

(3)Except in so far as the contrary intention appears, an expression that is used in this Act and in the Convention, otherwise than in an annex to the Convention, (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.

(4)For the purposes of this Act —

(a)inter‑state voyage and overseas voyage have the same respective meanings as in the Navigation Act 1912 of the Commonwealth; and

(b)an intra‑state voyage is a voyage other than an inter‑state voyage or an overseas voyage; and

(c)for the purposes of paragraphs (a) and (b), a ship shall be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.

(5)A discharge of oil or of an oily mixture or of a liquid substance or a mixture containing a liquid substance onto or into any land or waters, or any structure or thing, having the result that the whole or any part of the oil or oily mixture or liquid substance or mixture containing a liquid substance eventually enters any State waters, is for the purposes of this Act deemed to be a discharge into those State waters of the oil or oily mixture or liquid substance or mixture containing a liquid substance.

(6)Where, at any time, the gross tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the gross tonnage of a ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons.

[Section 3 amended: No. 46 of 1993 s. 46; No. 71 of 2003 s. 11.]

4.Crown bound

(1)This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2)Nothing in this Act renders the Commonwealth or a State or Territory of the Commonwealth liable to be prosecuted for an offence.

(3)Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory of the Commonwealth to be prosecuted for an offence.

5.Saving of other laws

This Act shall be read and construed as being in addition to and not in derogation of any other law of the State.

6.Delegation by Minister and harbour masters

(1)The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this Act, other than this power of delegation.

(2)A harbour master may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers as an inspector under this Act, other than this power of delegation.

(3)A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister or a harbour master, as the case may require.

(4)Without limiting subsection (1), a delegation under that subsection may be made to a port authority and, in that case, the port authority is authorised to exercise the power or powers so delegated.

[Section 6 amended: No. 71 of 2003 s. 12.]

Part II — Pollution by oil

7.Terms used

Except in so far as the contrary intention appears, an expression that is used in this Part or in section 27 and in Annex I to the Convention (whether or not a particular meaning is assigned to it by that Annex) has, in this Part and in section 27, the same meaning as in that Annex.

8.Discharge of oil etc. into State waters, offence

(1)Subject to subsections (4) and (6), if any discharge of oil or of an oily mixture occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a)if the offender is a natural person — $50 000; or

(b)if the offender is a body corporate — $250 000.

(2)If any discharge of oil or of an oily mixture occurs from a place on land into State waters, the occupier of that land is guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a)if the offender is a natural person — $50 000; or

(b)if the offender is a body corporate — $250 000.

(3)If any discharge of oil or of an oily mixture into State waters occurs from any apparatus used for transferring oil or an oily mixture from or to any ship, whether to or from a place on land or to or from another ship, the person in charge of the apparatus is guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a)if the offender is a natural person — $50 000; or

(b)if the offender is a body corporate — $250 000.

(4)Subsection (1) does not apply to the discharge of oil or of an oily mixture from a ship —

(a)for the purpose of securing the safety of a ship or saving life at sea; or

(b)if the oil or oily mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of oil or oily mixture, as the case may be; or

(c)in the case of an oily mixture, if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer.

(5)For the purposes of subsection (4), damage to a ship or to its equipment shall be taken to be intentional damage if, and only if, the damage arose in circumstances in which the master or owner of the ship —

(a)acted with intent to cause the damage; or

(b)acted recklessly and with knowledge that damage would probably result.

(6)Without limiting the generality of subsection (4) but subject to subsection (7), subsection (1) does not apply to —

(a)the discharge from an oil tanker of oil or an oily mixture, not being oil or an oily mixture of the kind referred to in paragraph (c), if the following conditions are satisfied —

(i)the oil tanker is not within a special area and is more than 50 nautical miles from the nearest land;

(ii)the oil tanker is proceeding en route;

(iii)the instantaneous rate of discharge of oil content does not exceed 60 L per nautical mile;

(iv)the total quantity of oil discharged into the waters does not exceed —

(A)in the case of an oil tanker that is an existing tanker — one part in 15 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part; or

(B)in the case of an oil tanker that is a new tanker — one part in 30 000 parts of the total quantity of the cargo of oil of which oil discharged formed a part;

(v)the oil tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulations made by virtue of section 90B of the Western Australian Marine Act 1982 2 or by virtue of section 267A of the Navigation Act 1912 of the Commonwealth;

(b)the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of oil or an oily mixture if the following conditions are satisfied —

(i)the ship is not within a special area and is more than 12 nautical miles from the nearest land;

(ii)the ship is proceeding en route;

(iii)the oil content of the effluent is less than 100 parts in 1 000 000 parts;

(iv)the ship has in operation an oil discharge monitoring and control system, oily‑water separating equipment, oil filtering equipment or other installation as required by regulations made by virtue of section 90B of the Western Australian Marine Act 1982 2 or by virtue of section 267A of the Navigation Act 1912 of the Commonwealth;

(c)the discharge from an oil tanker of oil or an oily mixture, being oil or an oily mixture that is from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (b) are satisfied in relation to the discharge; or

(d)the discharge from an oil tanker, or another ship that has a gross tonnage of 400 or more, of an unprocessed oily mixture, not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied —

(i)the ship is not within a special area;

(ii)the oil content of the unprocessed oily mixture without dilution is not more than 15 parts in 1 000 000 parts;

(e)the discharge from a ship that has a gross tonnage of 400 or more and is not an oil tanker of a processed oily mixture, not being an oily mixture that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied —

(i)the ship is not within a special area;

(ii)the oil content of the effluent without dilution is not more than 15 parts in 1 000 000 parts;

(iii)the ship has in operation oil filtering equipment as required by regulations made by virtue of section 90B of the Western Australian Marine Act 1982 2 or by virtue of section 267A of the Navigation Act 1912 of the Commonwealth;

(f)the discharge from an oil tanker of a processed oily mixture, being a processed oily mixture that originates from the machinery space bilges (other than the cargo pump room bilges) of the oil tanker and does not include oil cargo residue, if the conditions specified in paragraph (e) are satisfied in relation to the discharge; or

(g)the discharge within a special area from an oil tanker, or another ship that has a gross tonnage of 400 or more, of processed bilge water from machinery spaces, not being bilge water that originated from the cargo pump room bilges of the ship or includes oil cargo residue, if the following conditions are satisfied —

(i)the ship is proceeding en route;

(ii)the oil content of the effluent without dilution is not more than 15 parts in 1 000 000 parts;

(iv)the oil filtering equipment is equipped with a stopping device that automatically prevents any discharge of effluent when the oil content of the effluent without dilution is more than 15 parts in 1 000 000 parts;

(h)the discharge within a special area from a ship that has a gross tonnage of less than 400 and is not an oil tanker of oil or an oily mixture if —

(i)the oil content of the effluent without dilution is less than 15 parts in 1 000 000 parts; or

(ii)the following conditions are satisfied —

(A)the ship is proceeding en route;

(B)the oil content of the effluent is less than 100 parts in 1 000 000;

(C)the discharge is made as far as practicable from land and is not less than 12 nautical miles from the nearest land;

(i)the discharge, not being a discharge within a special area, from a ship that has a gross tonnage of less than 400 and is not an oil tanker of an oily mixture that without dilution has an oil content not exceeding 15 parts in 1 000 000 parts; or

(j)the discharge from a ship of clean or segregated ballast.

(7)A reference to an oily mixture in subsection (6) shall be read as not including a reference to an oily mixture that contains —

(a)chemicals or other substances in quantities or concentrations that are hazardous to the marine environment; or

(b)chemicals or other substances that have been introduced for the purpose of attempting to prevent the application of subsection (1) to the discharge of an oily mixture from a ship.

(8)In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of oil or of an oily mixture occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (4) or (6), subsection (1) does not apply in relation to the discharge.

(9)Where a person is charged as the occupier of a place on land with an offence against subsection (2), or as the person in charge of any apparatus with an offence against subsection (3), it is a defence to the charge if the person proves that the escape of the oil or oily mixture was due to accident which could not have been avoided, foreseen or anticipated and that all reasonable precautions were taken for the prompt discovery of the escape of the oil or oily mixture and thereafter for preventing or reducing the escape of the oil or oily mixture.

9.Discharge of oil etc. into State waters during transfer operation, offence

(1)In this section, transfer operation means any operation that is involved in the preparation for, or in the commencement, carrying on or termination of, a transfer of oil or of an oily mixture to or from a ship or a place on land.

(2)Where a discharge of oil or of an oily mixture into any State waters occurs by reason of a wrongful or negligent act or omission in a transfer operation, if that act or omission —

(a)occurred in a ship, the owner and the master of the ship each commits an offence; or

(b)occurred in a place on land, the occupier of that place commits an offence; or

(c)related to any apparatus used for transferring oil or an oily mixture to or from a ship, the person in charge of the apparatus commits an offence.

Penalty: If the offender is a natural person, $50 000 and if the offender is a body corporate, $250 000.

(3)Nothing in this section affects the operation of section 8.

10.Discharge of oil residues into State waters, offence

(1)Subject to subsection (2), if any oil residues that cannot be discharged from a ship into State waters without the commission of an offence against section 8(1) are not retained on board the ship while the ship is in State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a)if the offender is a natural person — $50 000; or

(b)if the offender is a body corporate — $250 000.

(2)Oil residues may be discharged from a ship to a reception facility provided in accordance with Regulation 12 of Annex I to the Convention.

11.Certain incidents involving oil or oily mixture on ship to be reported

(1)Where a prescribed incident occurs in State waters in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident.

Penalty: $5 000.

(2)In a prosecution of a person for an offence against subsection (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the subsection in relation to the incident.

(3)Where a prescribed incident occurs in State waters in relation to a ship and —

(a)the master of the ship is unable to comply with subsection (1) in relation to the incident; or

(b)the incident occurs in circumstances in which the ship is abandoned,

the owner, charterer, manager or operator of the ship or an agent of the owner, charterer, manager or operator of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident and, if a prescribed officer is not so notified, each of those persons is guilty of an offence punishable, upon conviction, by a fine not exceeding —

(aa)if the offender is a natural person — $5 000; or

(bb)if the offender is a body corporate — $25 000.

(4)In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves —

(a)that the person was not aware of the incident; or

(b)in the case of a prescribed incident to which subsection (3)(a) applies, that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (1) in relation to the incident.

(5)Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).

(6)A master of a ship who, pursuant to subsection (1), has notified a prescribed officer of the occurrence of a prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.

Penalty: $5 000.

(7)Where subsection (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.

Penalty: $5 000.

(8)A person shall not, in a notice given to a prescribed officer pursuant to subsection (1) or (3) or in a report furnished to a prescribed officer pursuant to subsection (6) or (7), make a statement that is false or misleading in a material particular.

Penalty: $5 000.

(9)A notice given to a prescribed officer pursuant to subsection (1) or (3), and a report furnished to a prescribed officer pursuant to subsection (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 8(1).

(10)In this section, prescribed incident, in relation to a ship, means —

(a)a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8(6) applies; or

(b)an incident involving the probability of a discharge from the ship of oil or an oily mixture, not being a discharge to which section 8(6) would apply.

12.Discharge of oil or oily mixture from land to be reported

(1)If any discharge of oil or of an oily mixture occurs from a place on land into State waters, the occupier of the place shall without delay, notify, in the prescribed manner, a prescribed officer of the occurrence.

Penalty: $5 000.

(2)Where, in compliance with subsection (1), the occupier of a place on land has notified a prescribed officer of the occurrence of a discharge, he shall, if so requested by a prescribed officer furnish, within the prescribed time, a report in relation to the discharge in accordance with the prescribed form to a prescribed officer.

Penalty: $5 000.

(3)A person shall not, in a notice given to a prescribed officer in pursuance of subsection (1) or in a report furnished to a prescribed officer in pursuance of a request made under subsection (2), make a statement that is false or misleading in a material particular.

Penalty: $5 000.

(4)A notice given to a prescribed officer in pursuance of subsection (1), and a report furnished to a prescribed officer in pursuance of a request made under subsection (2), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against section 8(2) or 9(2).

13.Oil record book, duty of ships to carry etc.

(1)This section applies to —

(a)a trading ship proceeding on an intra‑state voyage; or

(b)an Australian fishing vessel proceeding on a voyage other than an overseas voyage; or

(c)a pleasure vessel,

that —

(aa)is an oil tanker; or

(bb)has a gross tonnage of 400 or more and is not an oil tanker.

(2)Every ship to which this section applies shall carry such oil record books as are required by the regulations to be carried on the ship.

(3)An oil record book shall be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with subsection (6), in relation to each entry made in it and for a signature, in accordance with subsection (7), in relation to each page of it.

(4)If a ship to which this section applies does not carry an oil record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a)if the offender is a natural person — $5 000; or

(b)if the offender is a body corporate — $25 000.

(5)Whenever a prescribed operation or prescribed occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made, without delay, in, the ship’s oil record book, being entries in accordance with subsection (6).

Penalty: $5 000.

(6)An entry in a ship’s oil record book —

(a)shall be made in the English language; and

(b)shall be signed by the master of the ship and, in the case of an entry made in relation to a prescribed operation, by the officer or other person in charge of the operation.

(7)Where a page of a ship’s oil record book is completed, the master of the ship shall, without delay, sign the page.

Penalty: $5 000.

14.Oil record book, false entries in

A person shall not make, in an oil record book of a ship to which section 13 applies, an entry that is false or misleading in a material particular.

Penalty: $10 000.

15.Oil record book to be retained

(1)The owner of a ship to which section 13 applies shall cause each of the ship’s oil record books to be retained —

(a)in the ship; or

(b)at the registered office in the State of the owner,

until the expiration of the period of 3 years after the day on which the last entry was made in the book and to be readily available for inspection at all reasonable times.

(2)Where an oil record book of a ship is not retained in accordance with subsection (1), the owner of the ship is guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a)if the owner is a natural person — $5 000; or

(b)if the owner is a body corporate — $25 000.

(3)The owner of a ship to which section 13 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of —

(a)the place in the State at which he so resides; or

(b)his office in the State, or, if he has more than one office in the State, his principal office in the State; or

(c)the office or place of residence in the State of his agent or, if his agent has more than one office in the State, the principal office in the State of his agent,

and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (1).

(4)Where the owner of a ship to which section 13 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit an oil record book of the ship with a prescribed officer and, while the book is so deposited, the book shall, for the purposes of subsection (1), be deemed to be retained at the registered office in the State of the owner.

Part III — Pollution by noxious substances

16.Terms used

(1)In this Part and in section 28 —

Annex II means Annex II to the Convention;

liquid substance does not include oil;

mixture includes ballast water, tank washings and other residues;

oil has the same meaning as it has in Part II.

(2)Except in so far as the contrary intention appears, an expression that is used in this Part and in Annex II (whether or not a particular meaning is assigned to it by that Annex) has, in this Part, the same meaning as in that Annex.

17.Application of Act to mixture of oil and liquid substance

Where a mixture contains oil and a liquid substance or oil and liquid substances, Part II and this Part apply in relation to the mixture.

18.Annex II Appendix II, designation of liquid substances for; categories of liquid substances

(1)The regulations may declare that a liquid substance specified in the regulations shall, for the purposes of this Act, be deemed to be designated in Appendix II to Annex II and to be categorized in a category specified in the regulations, being Category A, B, C or D.

(2)Where, in accordance with subsection (1), the regulations declare that a liquid substance shall be deemed to be designated in Appendix II to Annex II and to be categorized in Category A, the regulations shall declare that, for the purposes of this Act —

(a)a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column III of that Appendix; and

(b)a residual concentration specified in the regulations shall be deemed to be the residual concentration prescribed for that substance in column IV of that Appendix.

(3)The regulations may declare that a liquid substance designated in Appendix II to Annex II shall, for the purposes of this Act, be deemed not to be so designated.

(4)The regulations may declare that a liquid substance designated in Appendix II to Annex II and categorized in a particular category shall, for the purposes of this Act, be deemed not to be so categorized but to be categorized in a category specified in the regulations.

19.Annex II Appendix III, designation of liquid substances for

(1)The regulations may declare that a liquid substance specified in the regulations shall, for the purposes of this Act, be deemed to be listed in Appendix III to Annex II.

(2)The regulations may declare that a liquid substance listed in Appendix III to Annex II shall, for the purposes of this Act, be deemed not to be so listed.

20.Discharge of liquid substances etc. into State waters, offence

(1)Subject to subsection (2) and subsections (4) to (12) (inclusive), if any discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk, occurs from a ship into State waters, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a)if the offender is a natural person — $50 000; or

(b)if the offender is a body corporate — $250 000.

(2)Subsection (1) does not apply to the discharge of a liquid substance or a mixture from a ship —

(a)for the purpose of securing the safety of a ship or saving life at sea; or

(b)if the substance or the mixture, as the case may be, escaped from the ship in consequence of damage, other than intentional damage, to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of the substance or the mixture, as the case may be; or

(c)if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer.

(3)For the purposes of subsection (2), damage to a ship or to its equipment shall be taken to be intentional damage if, and only if, the damage arose in circumstances in which the master or owner of the ship —

(a)acted with intent to cause the damage; or

(b)acted recklessly and with knowledge that damage would probably result.

(4)Without limiting the generality of subsection (2), (5) or (12) but subject to subsection (13), where —

(a)the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been cleaned in accordance with regulations made under section 26; and

(b)the resulting residues in the tank have been discharged to a reception facility until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in column III of Appendix II to Annex II and until the tank is empty; and

(c)the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water,

subsection (1) does not apply to the discharge from the ship of the water containing that residue if the following conditions are satisfied —

(d)the discharge is made when the ship is not within a special area; and

(e)the discharge is made when the ship is proceeding en route at a speed of —

(i)where the ship is self‑propelled, at least 7 knots; or

(ii)where the ship is not self‑propelled, at least 4 knots;

and

(f)the discharge is made below the water line of the ship taking into account the location of the sea‑water intakes; and

(g)the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and is in a depth of water of not less than 25 m.

(5)Without limiting the generality of subsection (2), (4) or (12) but subject to subsection (13), where —

(a)the tank of a ship that held a substance in Category A or a mixture containing a substance in Category A has been washed in accordance with regulations made under section 26; and

(b)the resulting residues in the tank have been discharged to a reception facility provided in accordance with Regulation 7 of Annex II by a State bordering a special area until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in column IV of Appendix II to Annex II and until the tank is empty; and

(c)the residue then remaining in the tank has been subsequently diluted by the addition of a volume of water,

subsection (1) does not apply to the discharge into State waters of the water containing that residue if the conditions specified in subsection (4)(e), (f) and (g) are satisfied in relation to the discharge from the ship.

(6)Without limiting the generality of subsection (2), (7) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of —

(a)a substance in Category B; or

(b)a mixture containing a substance in Category B, not being a mixture containing a substance in Category A,

if the following conditions are satisfied —

(c)the discharge is made when the ship is not within a special area; and

(d)the discharge is made when the ship is proceeding en route at a speed of —

(i)where the ship is self‑propelled, at least 7 knots; or

(ii)where the ship is not self‑propelled, at least 4 knots;

and

(e)the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent is such that the concentration of the substance in Category B in the wake astern of the ship does not exceed 1 part in 1 000 000 parts; and

(f)the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 1 m3 or 1 part in 3 000 parts of the tank capacity in cubic metres, whichever is the greater; and

(g)the discharge is made below the water line of the ship, taking into account the location of the sea‑water intakes; and

(h)the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m.

(7)Without limiting the generality of subsection (2), (6) or (12) but subject to subsection (13), where —

(a)the tank of a ship that held —

(i)a substance in Category B; or

(ii)a mixture containing a substance in Category B, not being a mixture containing a substance in Category A,

has been pre‑washed in accordance with a procedure approved by a prescribed officer; and

(b)the resulting tank washings have been discharged to a reception facility,

subsection (1) does not apply to the discharge from the ship of the residue in that tank if the conditions specified in of subsection (6)(d), (e), (g) and (h) are satisfied in relation to the discharge from the ship.

(8)Without limiting the generality of subsection (2), (9) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of —

(a)a substance in Category C; or

(b)a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B,

if the following conditions are satisfied —

(c)the discharge is made when the ship is not within a special area; and

(d)the discharge is made when the ship is proceeding en route at a speed of —

(i)where the ship is self‑propelled, at least 7 knots; or

(ii)where the ship is not self‑propelled, at least 4 knots;

and

(e)the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the ship does not exceed 10 parts in 1 000 000 parts; and

(f)the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (e), not being a quantity exceeding 3 m3 or 1 part in 1 000 parts of the tank capacity in cubic metres, whichever is the greater; and

(g)the discharge is made below the water line of the ship, taking into account the location of the sea‑water intakes; and

(h)the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m.

(9)Without limiting the generality of subsection (2), (8) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of —

(a)a substance in Category C; or

(b)a mixture containing a substance in Category C, not being a mixture containing a substance in Category A or B,

if the following conditions are satisfied —

(c)the discharge is made when the ship is proceeding en route at a speed of —

(i)where the ship is self‑propelled, at least 7 knots; or

(ii)where the ship is not self‑propelled, at least 4 knots;

and

(d)the procedures and arrangements for the discharge have been approved by a prescribed officer, being procedures and arrangements that ensure that the concentration and rate of discharge of the effluent are such that the concentration of the substance in Category C in the wake astern of the ship does not exceed 1 part in 1 000 000 parts; and

(e)the maximum quantity of cargo discharged from each tank of the ship (including the associated piping system of the tank) does not exceed the maximum quantity specified in the procedures referred to in paragraph (d), not being a quantity exceeding 1 m3 or 1 part in 3 000 parts of the tank capacity in cubic metres, whichever is the greater; and

(f)the discharge is made below the water line of the ship, taking into account the location of the sea‑water intakes; and

(g)the discharge is made when the ship is at a distance of not less than 12 nautical miles from the nearest land and in a depth of water of not less than 25 m.

(10)Without limiting the generality of subsection (2) or (12) but subject to subsection (13), subsection (1) does not apply to the discharge from a ship of —

(a)a substance in Category D; or

(b)a mixture containing a substance in Category D, not being a mixture containing a substance in Category A, B or C,

if the following conditions are satisfied —

(c)the discharge is made when the ship is proceeding en route at a speed of —

(i)where the ship is self‑propelled, at least 7 knots; or

(ii)where the ship is not self‑propelled, at least 4 knots;

and

(d)the substance or mixture has been mixed with water so that the concentration of the substance in Category D in the effluent does not exceed 1 part in 11 parts; and

(e)the discharge occurs when the ship is not less than 12 nautical miles from the nearest land.

(11)Without limiting the generality of subsection (2), subsection (1) does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de‑ballasting operations, that contains a liquid substance, or liquid substances, listed in Appendix III to Annex II but does not contain any other liquid substance.

(12)Without limiting the generality of subsection (2) or subsections (4) to (10) (inclusive), subsection (1) does not apply to the discharge from a ship of clean ballast or segregated ballast.

(13)Subsections (4) to (10) (inclusive) do not apply in relation to a mixture that contains a liquid substance that is neither a noxious liquid substance nor a liquid substance listed in Appendix III to Annex II.

(14)In proceedings for an offence against subsection (1) in relation to a ship, it is sufficient for the prosecution to allege and prove that a discharge of a substance, or a mixture containing a substance, carried as cargo of the ship occurred from the ship into State waters, but it is a defence if it is proved that, by virtue of subsection (2), (4), (5), (6), (7), (8), (9), (10), (11) or (12), subsection (1) does not apply in relation to the discharge.

(15)In this section, inspector includes a surveyor appointed or authorised by the Government of a country that is a Party to the Convention for the purpose or implementing Regulation 8 of Annex II.

21.Certain liquid substances to be treated as oil

(1)Notwithstanding any other provision of this Act, a prescribed substance in Category C or D, being a substance that has been identified by the Organization as an oil‑like substance under criteria developed by the Organization, may be carried on an oil tanker within the meaning of Part II if the following conditions are satisfied —

(a)the oil tanker complies with the provisions of Annex I of the Convention as applicable to product carriers within the meaning of that Annex; and

(b)the oil tanker carries an International Oil Pollution Prevention Certificate and its Supplement B, being a certificate that has an endorsement —

(i)that indicates that the ship is permitted to carry oil‑like substances in conformity with Regulation 14 of Annex II of the Convention; and

(ii)that specifies the oil‑like substance or substances that the tanker is permitted to carry;

and

(c)the prescribed substance is the substance, or a substance, referred to in paragraph (b)(ii); and

(d)in the case of a substance in Category C — the tanker complies with the ship type 3 damage stability requirements of —

(i)in the case of a tanker constructed on or after 1 July 1986 — the International Bulk Chemical Code; or

(ii)in the case of a tanker constructed before 1 July 1986 — the Bulk Chemical Code applicable under Regulation 13 of Annex II of the Convention;

and

(e)the oil content meter in the oil discharge monitoring and control system of the tanker has been approved by an inspector for use in monitoring the oil‑like substances to be carried.

(2)Where, by virtue of subsection (1), a substance is carried on an oil tanker within the meaning of Part II —

(a)section 8 applies in relation to the discharge of the substance as if the substance were oil within the meaning of Part II; and

(b)section 20 does not apply in relation to the discharge of the substance.

22.Certain incidents involving certain substances on ship to be reported

(1)Where a prescribed incident occurs in State waters in relation to a ship, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident.

Penalty: $5 000.

(3)Where a prescribed incident occurs in State waters in relation to a ship and —

(a)the master of the ship is unable to comply with subsection (1) in relation to the incident; or

(b)the incident occurs in circumstances in which the ship is abandoned,

(aa)if the offender is a natural person — $5 000; or

(bb)if the offender is a body corporate — $25 000.

(4)In a prosecution of a person for an offence against subsection (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves —

(a)that the person was not aware of the incident; or

(5)Subsection (4) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (3).

Penalty: $5 000.

(10)In this section —

liquid substance does not include a substance listed in Appendix III to Annex II;

prescribed incident, in relation to a ship, means —

(a)a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which section 20(4), (5), (6), (7), (8), (9), (10), (11) or (12) applies; or

(b)an incident involving the probability of a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or part cargo in bulk, not being a discharge to which section 20(4), (5), (6), (7), (8), (9), (10), (11) or (12) would apply.

23.Cargo record book, duty of ships to carry etc.

(1)This section applies to a trading ship proceeding on an intra‑state voyage that carries liquid substances in bulk.

(2)A cargo record book shall be carried in every ship to which this section applies.

(3)A cargo record book shall be in accordance with the prescribed form with provision made for a signature, in accordance with subsection (7), in relation to each entry made in it and for a signature, in accordance with subsection (8), on each page of it.

(4)Where a ship to which this section applies does not carry a cargo record book as required by this section, the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a)if the offender is a natural person — $5 000; or

(b)if the offender is a body corporate — $25 000.

(5)Whenever a prescribed operation or occurrence is carried out or occurs in, or in relation to, a ship to which this section applies, the master of the ship shall make, without delay, appropriate entries in, or cause appropriate entries to be made without delay in, the ship’s cargo record book, being entries in accordance with subsection (7).

Penalty: $5 000.

(6)Where an inspector has inspected a ship to which this section applies, he shall make, without delay, appropriate entries in the ship’s cargo record book in accordance with subsection (7).

(7)An entry in a ship’s cargo record book —

(a)shall be made in the English language; and

(b)in the case of an entry made in relation to a prescribed operation, shall be signed by the officer or other person in charge of the operation.

(8)Where a page of a ship’s cargo record book is completed, the master of the ship shall, without delay, sign the page.

Penalty: $5 000.

24.Cargo record book, false entries in

A person shall not make, in a cargo record book of a ship to which section 23 applies, an entry that is false or misleading in a material particular.

Penalty: $10 000.

25.Cargo record book to be retained

(1)A cargo record book of a ship to which section 23 applies shall be retained in the ship until the expiration of a period of one year after the day on which the last entry was made in the book and shall be readily available for inspection at all reasonable times.

(2)Where a cargo record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a)if the offender is a natural person — $5 000; or

(b)if the offender is a body corporate — $25 000.

(3)The owner of a ship to which section 23 applies shall cause each of the ship’s cargo record books to be retained —

(a)in the ship; or

(b)at the registered office in the State of the owner,

until the expiration of the period of 2 years next following the expiration of the period during which the book is required to be retained in the ship by virtue of subsection (1) and to be readily available for inspection at all reasonable times.

(4)Where a cargo record book of a ship is not retained in accordance with subsection (3), the owner of the ship is guilty of an offence punishable, upon conviction, by a fine not exceeding —

(a)if the owner is a natural person — $5 000; or

(b)if the owner is a body corporate — $25 000.

(5)The owner of a ship to which section 23 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of —

(a)the place in the State at which he so resides; or

(b)his office in the State or, if he has more than one office in the State, his principal office in the State; or

(c)the office or place of residence in the State of his agent or, if his agent has more than one office in the State, the principal office in the State of his agent,

and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (3).

(6)Where the owner of a ship to which section 23 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit a cargo record book of the ship with a prescribed officer and, while the book is so deposited, the book shall, for the purposes of subsection (3), be deemed to be retained at the registered office in the State of the owner.

26.Cleaning of ships’ tanks, regulations about

The regulations may make provision for and in relation to giving effect to Regulation 8 of Annex II.

Part IV — Miscellaneous

27.Pollution by oil etc., powers to deal with etc.

(1)Where a discharge of oil or of an oily mixture occurs into State waters from —

(a)a ship; or

(b)a place on land; or

(c)apparatus used for transferring oil or an oily mixture from or to any ship,

or the appropriate authority is of the opinion that there is a probability of such a discharge occurring, the appropriate authority may take or cause to be taken such action as it thinks fit —

(d)to prevent or limit the discharge; or

(e)to disperse or contain the oil or oily mixture that has been so discharged; or

(f)to remove any oil or oily mixture from waters or land affected by the discharge; or

(g)to minimize the damage from pollution resulting from or likely to result from the discharge.

(2)The appropriate authority may recover all costs and expenses incurred by it in respect of action taken by or on behalf of it under subsection (1) from —

(a)the owner or master of the ship concerned; or

(b)the occupier of the place concerned; or

(c)the person in charge of the apparatus concerned.

(3)The costs and expenses referred to in subsection (1) may —

(a)be awarded in the course of proceedings for an offence in respect of the discharge, whether or not the owner, master, occupier or person is convicted of an offence; or

(b)be recovered as a debt due in a court of competent jurisdiction, notwithstanding that proceedings have not been taken for an offence in respect of a discharge.

(4)Nothing in this Act affects or qualifies any rights of the appropriate authority or of any other person to recover damages in respect of the consequences of any discharge from a ship or otherwise into State waters.

(5)In this section appropriate authority means —

(a)where the discharge occurs or is anticipated in a port under the control of a port authority — that port authority; and

(b)where the discharge occurs or is anticipated elsewhere — the Minister.

[Section 27 amended: No. 47 of 1993 s. 27; No. 71 of 2003 s. 13.]

28.Pollution by liquid substances, powers to deal with etc.

(1)Where a discharge occurs into State waters from a ship or from transfer apparatus, or the appropriate authority is of the opinion that there is a probability of such a discharge occurring, the appropriate authority may take or cause to be taken such action as it thinks fit —

(a)to prevent or limit the discharge; or

(b)to disperse or contain the substance or mixture that has been discharged; or

(c)to remove any liquid substance or mixture containing a liquid substance from waters or land affected by the discharge; or

(d)to minimize the damage from pollution resulting from or likely to result from the discharge.

(1a)In subsection (1) —

discharge means a discharge of a liquid substance, or of a mixture containing a liquid substance, being a substance or mixture carried as cargo or part cargo in bulk;

transfer apparatus means apparatus used for transferring liquid substances or mixtures containing liquid substances from or to any ship.

(2)The appropriate authority may recover all costs and expenses incurred by it in respect of action taken by or on behalf of it under subsection (1) from —

(a)the owner or master of the ship concerned; or

(b)the person in charge of the apparatus concerned.

(3)Subsection (1) does not apply to a discharge of a kind or in circumstances referred to in subsections (4) to (12) inclusive of section 20.

(4)The costs and expenses referred to in subsection (1) may —

(a)be awarded in the course of proceedings for an offence in respect of the discharge, whether or not the owner, master or person is convicted of an offence; or

(b)be recovered as a debt due in a court of competent jurisdiction, notwithstanding that proceedings have not been taken for an offence in respect of a discharge.

(5)Nothing in this Act affects or qualifies any rights of the appropriate authority or of any other person to recover damages in respect of the consequences of any discharge from a ship or otherwise into State waters.

(6)In this section appropriate authority means —

(a)where the discharge occurs or is anticipated in a port under the control of a port authority — that port authority; and

(b)where the discharge occurs or is anticipated elsewhere — the Minister.

[Section 28 amended: No. 47 of 1993 s. 28; No. 71 of 2003 s. 14.]

29.Inspectors’ powers

(1)For the purposes of ascertaining —

(a)whether a provision of this Act that is applicable in relation to a ship has been complied with in respect of the ship; or

(b)whether there has been a discharge into State waters in contravention of this Act,

an inspector may —

(c)go on board the ship with such assistants and equipment as he considers necessary; and

(d)require the master of the ship to take such steps as the inspector directs to facilitate the boarding; and

(e)inspect and test any machinery or equipment of the ship; and

(f)require the master of the ship to take such steps as the inspector directs to facilitate the inspection or testing of any machinery or equipment of the ship; and

(g)open, or require the master of the ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship; and

(h)require the master of the ship to produce a record book required by this Act to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship; and

(i)make copies of, or take extracts from, any such books, documents or records; and

(j)require the master of the ship to certify that a true copy of an entry in a record book required by this Act to be carried in the ship made by the inspector is a true copy of such an entry; and

(k)examine, and take samples of, any substances being in, on, or in the vicinity of a ship or place on land in respect of which an investigation of a discharge or suspected discharge in breach of a provision of this Act is being made; and

(l)require the master of the ship or the occupier of the place, or any person representing the master or occupier, to certify the taking of the samples; and

(m)require the testing of any apparatus in the place, the condition or efficiency of which is, in the opinion of the inspector, relevant to a discharge or suspected discharge into State waters in breach of a provision of this Act; and

(n)require a person to answer questions.

(2)For the purposes of investigating a discharge or suspected discharge into State waters in contravention of a provision of this Act, an inspector may enter and inspect any place on land.

(3)A person shall not —

(a)without reasonable excuse, hinder or obstruct or refuse or fail to comply with a requirement made of him by, an inspector in the exercise of his powers under subsection (1) or (2); or

(b)in answer to a question that he is required to answer under subsection (1), make a statement that is false or misleading in a material particular.

Penalty: $2 000.

(4)An inspector shall not, in exercising his powers under subsection (1), unnecessarily delay a ship from beginning a voyage.

30.Prosecutions, no time limit for

(1)A prosecution for an offence against this Act may be brought at any time.

(2)No proceedings in respect of an offence against this Act may be brought except by or with the consent of the Attorney General or by a prescribed officer.

31.Summonses, service of

(1)Notwithstanding section 56 of the Criminal Procedure Act 2004, any summons to be served on the owner or master of a ship in respect of an offence against this Act may be served by serving it on the agent of the ship in any manner in which it might have been served on the owner or master under that section.

(2)A summons served on an agent of a ship pursuant to subsection (1) shall be deemed to have been served on the owner or master of the ship.

[Section 31 amended: No. 49 of 1997 s. 5; No. 59 of 2004 s. 141; No. 84 of 2004 s. 78.]

32.Evidentiary provisions

In any proceedings for an offence against a provision of this Act —

(a)any record kept in pursuance of this Act is admissible as prima facie evidence of the facts stated in the record; and

(b)a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and

(c)a document purporting to be a record kept in pursuance of this Act, or purporting to be such a certified copy as referred to in paragraph (b), shall, unless the contrary is proved, be deemed to be such a record or certified copy, as the case may be.

33.Analysts, appointment, evidence of

(1)The Minister may, by instrument signed by him, appoint appropriately qualified persons to be analysts for the purposes of this Act.

(2)Subject to subsection (4), a certificate of an analyst appointed under subsection (1) stating that he has analysed or examined a substance and stating the result of his analysis or examination is admissible in evidence in any proceeding for an offence against a provision of this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.

(3)For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is proved, be deemed to be such a certificate.

(4)A certificate referred to in subsection (2) shall not be received in evidence in pursuance of that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.

(5)Where, in pursuance of subsection (2), a certificate of an analyst appointed under subsection (1) is admitted in evidence, the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if he had given evidence of the matters stated in the certificate.

34.Inspectors, protection of from liability

No liability shall attach to an inspector, or any person acting with the authority or on the direction of an inspector, in good faith and in the exercise or purported exercise of a power or in the discharge or purported discharge of a duty under this Act.

35.Regulations

The Governor may make regulations prescribing matters —

(a)required or permitted by this Act to be prescribed; or

(b)necessary or convenient to be prescribed for carrying out or giving effect to this Act,

and, in particular —

(aa)for and in relation to giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act; and

(bb)empowering the Minister to make orders for and in relation to —

(i)giving effect to the Convention, other than provisions of the Convention to which effect is given by a provision of this Act; and

(ii)the fixing of fees to be paid in respect of any matters under the orders;

and

(cc)fixing fees to be paid in respect of any matters under this Act; and

(dd)prescribing penalties, not exceeding —

(i)in the case of an individual — a fine of $2 000 or imprisonment for one year; or

(ii)in the case of a body corporate — a fine of $5 000,

for a contravention of, or failure to comply with, a provision of the regulations or of any of the orders made in pursuance of the regulations; and

(ee)so as to apply —

(i)generally or in a particular class of case or in particular classes of case; and

(ii)throughout the State and all State waters or in a prescribed part or prescribed parts of the State or State waters;

and

(ff)exempting, either absolutely or subject to conditions, a prescribed ship or person, or ships or persons included in a prescribed class of ships or persons, from all or any of the provisions of this Act or of the regulations.

36.Orders made under regulations, general provisions about

(1)Sections 37, 41 and 42 of the Interpretation Act 1984 apply in relation to orders made in pursuance of the regulations as if references in those sections to regulations were references to such orders and references in those sections to an Act included a reference to regulations.

(2)Unless the contrary intention appears, expressions used in orders made in pursuance of the regulations have the same meanings as in this Act.

(3)Orders made in pursuance of the regulations shall be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of that power.

(4)Where an order made in pursuance of the regulations is inconsistent with a provision of this Act or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.

37.Prescribing matters by reference to other instruments

(1)The regulations or orders under this Act may make provision for or in relation to a matter by applying, adopting, or incorporating either wholly or in part or with modifications, any regulations, rules, codes, orders, instructions or other subordinate legislation made, determined or issued under any other Act or under any Act of the Parliament of the Commonwealth.

(2)The regulations made under this Act may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in orders made in pursuance of the regulations.

38.Repeal and saving

(1)The Prevention of Pollution of Waters by Oil Act 1960 is repealed.

(2)Notwithstanding the repeal of the Act referred to in subsection (1) effected by that subsection the provisions of that Act continue to apply, after the commencement of this section, in relation to any discharge of oil, or of a mixture containing oil, within the meaning of that Act that occurred or commenced before the commencement of this section as if that Act had not been repealed.

Schedule 1 — 1973 Convention

[s. 3]

[Heading amended: No. 19 of 2010 s. 4.]

INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973

THE PARTIES TO THE CONVENTION,

BEING CONSCIOUS of the need to preserve the human environment in general and the marine environment in particular,

RECOGNIZING that deliberate, negligent or accidental release of oil and other harmful substances from ships constitutes a serious source of pollution,

RECOGNIZING ALSO the importance of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as being the first multilateral instrument to be concluded with the prime objective of protecting the environment, and appreciating the significant contribution which that Convention has made in preserving the seas and coastal environment from pollution,

DESIRING to achieve the complete elimination of intentional pollution of the marine environment by oil and other harmful substances and the minimization of accidental discharge of such substances,

CONSIDERING that this object may best be achieved by establishing rules not limited to oil pollution having a universal purport,

HAVE AGREED as follows:

ARTICLE 1

General Obligations under the Convention

(1) The Parties to the Convention undertake to give effect to the provisions of the present Convention and those Annexes thereto by which they are bound, in order to prevent the pollution of the marine environment by the discharge of harmful substances or effluents containing such substances in contravention of the present Convention.

(2) Unless expressly provided otherwise, a reference to the present Convention constitutes at the same time a reference to its Protocols and to the Annexes.

ARTICLE 2

Definitions

For the purposes of the present Convention, unless expressly provided otherwise:

(1) “Regulations” means the Regulations contained in the Annexes to the present Convention.

(2) “Harmful substance” means any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention.

(3)(a)“Discharge”, in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying;

(b)“Discharge” does not include:

(i)dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 13 November 1972; or

(ii)release of harmful substances directly arising from the exploration, exploitation and associated off‑shore processing of sea‑bed mineral resources; or

(iii)release of harmful substances for purposes of legitimate scientific research into pollution abatement or control.

(4) “Ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air‑cushion vehicles, submersibles, floating craft and fixed or floating platforms.

(5) “Administration” means the Government of the State under whose authority the ship is operating. With respect to a ship entitled to fly a flag of any State, the Administration is the Government of that State. With respect to fixed or floating platforms engaged in exploration and exploitation of the sea‑bed and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the Administration is the Government of the coastal State concerned.

(6) “Incident” means an event involving the actual or probable discharge into the sea of a harmful substance, or effluents containing such a substance.

(7) “Organization” means the Inter‑Governmental Maritime Consultative Organization.

ARTICLE 3

Application

(1) The present Convention shall apply to:

(a)ships entitled to fly the flag of a Party to the Convention; and

(b)ships not entitled to fly the flag of a Party but which operate under the authority of a Party.

(2) Nothing in the present Article shall be construed as derogating from or extending the sovereign rights of the Parties under international law over the sea‑bed and subsoil thereof adjacent to their coasts for the purposes of exploration and exploitation of their natural resources.

(3) The present Convention shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non‑commercial service. However, each Party shall ensure by the adoption of appropriate measures not impairing the operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practicable, with the present Convention.

ARTICLE 4

Violation

(1) Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefor under the law of the Administration of the ship concerned wherever the violation occurs. If the Administration is informed of such a violation and is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken as soon as possible, in accordance with its law.

(2) Any violation of the requirements of the present Convention within the jurisdiction of any Party to the Convention shall be prohibited and sanctions shall be established therefor under the law of that Party. Whenever such a violation occurs, that Party shall either:

(a)cause proceedings to be taken in accordance with its law; or

(b)furnish to the Administration of the ship such information and evidence as may be in its possession that a violation has occurred.

(3) Where information or evidence with respect to any violation of the present Convention by a ship is furnished to the Administration of that ship, the Administration shall promptly inform the Party which has furnished the information or evidence, and the Organization, of the action taken.

(4) The penalties specified under the law of a Party pursuant to the present Article shall be adequate in severity to discourage violations of the present Convention and shall be equally severe irrespective of where the violations occur.

ARTICLE 5

Certificates and Special Rules on Inspection of Ships

(1) Subject to the provisions of paragraph (2) of the present Article a certificate issued under the authority of a Party to the Convention in accordance with the provisions of the Regulations shall be accepted by the other Parties and regarded for all purposes covered by the present Convention as having the same validity as a certificate issued by them.

(2) A ship required to hold a certificate in accordance with the provisions of the Regulations is subject, while in the ports or off‑shore terminals under the jurisdiction of a Party, to inspection by officers duly authorized by that Party. Any such inspection shall be limited to verifying that there is on board a valid 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 that case, or if the ship does not carry a valid certificate, the Party carrying out the inspection shall take such steps as will ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. That Party may, however, grant such a ship permission to leave the port or off‑shore terminal for the purpose of proceeding to the nearest appropriate repair yard available.

(3) If a Party denies a foreign ship entry to the ports or off‑shore terminals under its jurisdiction or takes any action against such a ship for the reason that the ship does not comply with the provisions of the present Convention, the Party shall immediately inform the consul or diplomatic representative of the Party whose flag the ship is entitled to fly, or if this is not possible, the Administration of the ship concerned. Before denying entry or taking such action the Party may request consultation with the Administration of the ship concerned. Information shall also be given to the Administration when a ship does not carry a valid certificate in accordance with the provisions of the Regulations.

(4) With respect to the ships of non‑Parties to the Convention, Parties shall apply the requirements of the present Convention as may be necessary to ensure that no more favourable treatment is given to such ships.

ARTICLE 6

Detection of Violations and Enforcement of the Convention

(1) Parties to the Convention shall co‑operate in the detection of violations and the enforcement of the provisions of the present Convention, using all appropriate and practicable measures of detection and environmental monitoring, adequate procedures for reporting and accumulation of evidence.

(2) A ship to which the present Convention applies may, in any port or off‑shore terminal of a Party, be subject to inspection by officers appointed or authorized by that Party for the purpose of verifying whether the ship has discharged any harmful substances in violation of the provisions of the Regulations. If an inspection indicates a violation of the Convention, a report shall be forwarded to the Administration for any appropriate action.

(3) Any Party shall furnish to the Administration evidence, if any, that the ship has discharged harmful substances or effluents containing such substances in violation of the provisions of the Regulations. If it is practicable to do so, the competent authority of the former Party shall notify the Master of the ship of the alleged violation.

(4) Upon receiving such evidence, the Administration so informed shall investigate the matter, and may request the other Party to furnish further or better evidence of the alleged contravention. If the Administration is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken in accordance with its law as soon as possible. The Administration shall promptly inform the Party which has reported the alleged violation, as well as the Organization, of the action taken.

(5) A Party may also inspect a ship to which the present Convention applies when it enters the ports or off‑shore terminals under its jurisdiction, if a request for an investigation is received from any Party together with sufficient evidence that the ship has discharged harmful substances or effluents containing such substances in any place. The report of such investigation shall be sent to the Party requesting it and to the Administration so that the appropriate action may be taken under the present Convention.

ARTICLE 7

Undue Delay to Ships

(1) All possible efforts shall be made to avoid a ship being unduly detained or delayed under Article 4, 5 or 6 of the present Convention.

(2) When a ship is unduly detained or delayed under Article 4, 5 or 6 of the present Convention, it shall be entitled to compensation for any loss or damage suffered.

ARTICLE 8

Reports on Incidents Involving Harmful Substances

(1) A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention.

(2) Each Party to the Convention shall:

(a)make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and

(b)notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization.

(3) Whenever a Party receives a report under the provisions of the present Article, that Party shall relay the report without delay to:

(a)the Administration of the ship involved; and

(b)any other State which may be affected.

(4) Each Party to the Convention undertakes to issue instructions to its maritime inspection vessels and aircraft and to other appropriate services, to report to its authorities any incident referred to in Protocol I to the present Convention. That Party shall, if it considers it appropriate, report accordingly to the Organization and to any other party concerned.

ARTICLE 9

Other Treaties and Interpretation

(1) Upon its entry into force, the present Convention supersedes the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, as between Parties to that Convention.

(2) Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.

(3) The term “jurisdiction” in the present Convention shall be construed in the light of international law in force at the time of application or interpretation of the present Convention.

ARTICLE 10

Settlement of Disputes

Any dispute between two or more Parties to the Convention concerning the interpretation or application of the present Convention shall, if settlement by negotiation between the Parties involved has not been possible, and if these Parties do not otherwise agree, be submitted upon request of any of them to arbitration as set out in Protocol II to the present Convention.

ARTICLE 11

Communication of Information

(1) The Parties to the Convention undertake to communicate to the Organization:

(a)the text of laws, orders, decrees and regulations and other instruments which have been promulgated on the various matters within the scope of the present Convention;

(b)a list of non‑governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of ships carrying harmful substances in accordance with the provisions of the Regulations;

(c)a sufficient number of specimens of their certificates issued under the provisions of the Regulations;

(d)a list of reception facilities including their location, capacity and available facilities and other characteristics;

(e)official reports or summaries of official reports in so far as they show the results of the application of the present Convention; and

(f)an annual statistical report, in a form standardized by the Organization, of penalties actually imposed for infringement of the present Convention.

(2) The Organization shall notify Parties of the receipt of any communications under the present Article and circulate to all Parties any information communicated to it under sub‑paragraphs (1)(b) to (f) of the present Article.

ARTICLE 12

Casualties to Ships

(1) Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the Regulations if such casualty has produced a major deleterious effect upon the marine environment.

(2) Each Party to the Convention undertakes to supply the organization with information concerning the findings of such investigation, when it judges that such information may assist in determining what changes in the present Convention might be desirable.

ARTICLE 13

Signature, Ratification, Acceptance, Approval and Accession

(1) The present Convention shall remain open for signature at the Headquarters of the Organization from 15 January 1974 until 31 December 1974 and shall thereafter remain open for accession. States may become Parties to the present Convention by:

(a)signature without reservation as to ratification, acceptance or approval; or

(b)signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(c)accession.

(2) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary‑General of the Organization.

(3) The Secretary‑General of the Organization shall inform all States which have signed the present Convention or acceded to it of any signature or of the deposit of any new instrument of ratification, acceptance, approval or accession and the date of its deposit.

ARTICLE 14

Optional Annexes

(1) A State may at the time of signing, ratifying, accepting, approving or acceding to the present Convention declare that it does not accept any one or all of Annexes III, IV and V (hereinafter referred to as “Optional Annexes”) to the present Convention. Subject to the above, Parties to the Convention shall be bound by any Annex in its entirety.

(2) A State which has declared that it is not bound by an Optional Annex may at any time accept such Annex by depositing with the Organization an instrument of the kind referred to in Article 13(2) of the present Convention.

(3) A State which makes a declaration under paragraph (1) of the present Article in respect of an Optional Annex and which has not subsequently accepted that Annex in accordance with paragraph (2) of the present Article shall not be under any obligation nor entitled to claim any privileges under the present Convention in respect of matters related to such Annex and all references to Parties in the present Convention shall not include that State in so far as matters related to such Annex are concerned.

(4) The Organization shall inform the States which have signed or acceded to the present Convention of any declaration under the present Article as well as the receipt of any instrument deposited in accordance with the provisions of paragraph (2) of the present Article.

ARTICLE 15

Entry into Force

(1) The present Convention shall enter into force twelve months after the date on which not less than fifteen States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant shipping, have become parties to it in accordance with Article 13 of the present Convention.

(2) An Optional Annex shall enter into force twelve months after the date on which the conditions stipulated in paragraph (1) of the present Article have been satisfied in relation to that Annex.

(3) The Organization shall inform the States which have signed the present Convention or acceded to it of the date on which it enters into force and of the date on which an Optional Annex enters into force in accordance with paragraph (2) of the present Article.

(4) For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the present Convention or any Optional Annex after the requirements for entry into force thereof have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the Convention or such Annex or three months after the date of deposit of the instrument whichever is the later date.

(5) For States which have deposited an instrument of ratification, acceptance, approval or accession after the date on which the Convention or an Optional Annex entered into force, the Convention or the Optional Annex shall become effective three months after the date of deposit of the instrument.

(6) After the date on which all the conditions required under Article 16 to bring an amendment to the present Convention or an Optional Annex into force have been fulfilled, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention or Annex as amended.

ARTICLE 16

Amendments

(1) The present Convention may be amended by any of the procedures specified in the following paragraphs.

(2) Amendments after consideration by the Organization:

(a)any amendment proposed by a Party to the Convention shall be submitted to the Organization and circulated by its Secretary‑General to all Members of the Organization and all Parties at least six months prior to its consideration;

(b)any amendment proposed and circulated as above shall be submitted to an appropriate body by the Organization for consideration;

(c)Parties to the Convention, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the appropriate body;

(d)amendments shall be adopted by a two‑thirds majority of only the Parties to the Convention present and voting;

(e)if adopted in accordance with sub‑paragraph (d) of this paragraph, amendments shall be communicated by the Secretary‑General of the Organization to all the Parties to the Convention for acceptance;

(f)an amendment shall be deemed to have been accepted in the following circumstances:

(i)an amendment to an Article of the Convention shall be deemed to have been accepted on the date on which it is accepted by two‑thirds of the Parties, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant fleet;

(ii)an amendment to an Annex to the Convention shall be deemed to have been accepted in accordance with the procedure specified in sub‑paragraph (f)(iii) of this paragraph unless the appropriate body, at the time of its adoption, determines that the amendment shall be deemed to have been accepted on the date on which it is accepted by two thirds of the Parties, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant fleet. Nevertheless, at any time before the entry into force of an amendment to an Annex to the Convention, a Party may notify the Secretary‑General of the Organization that its express approval will be necessary before the amendment enters into force for it. The latter shall bring such notification and the date of its receipt to the notice of Parties;

(iii)an amendment to an Appendix to an Annex to the Convention shall be deemed to have been accepted at the end of a period to be determined by the appropriate body at the time of its adoption, which period shall be not less than ten months, unless within that period an objection is communicated to the Organization by not less than one‑third of the Parties or by Parties the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant fleet whichever condition is fulfilled;

(iv)an amendment to Protocol I to the Convention shall be subject to the same procedures as for the amendments to the Annexes to the Convention, as provided for in sub‑paragraphs (f)(ii) or (f)(iii) of this paragraph;

(v)an amendment to Protocol II to the Convention shall be subject to the same procedures as for the amendments to an Article of the Convention, as provided for in sub‑paragraph (f)(i) of this paragraph;

(g)the amendment shall enter into force under the following conditions:

(i)in the case of an amendment to an Article of the Convention, to Protocol II, or to Protocol I or to an Annex to the Convention not under the procedure specified in sub‑paragraph (f)(iii) of this paragraph, the amendment accepted in conformity with the foregoing provisions shall enter into force six months after the date of its acceptance with respect to the Parties which have declared that they have accepted it;

(ii)in the case of an amendment to Protocol I, to an Appendix to an Annex or to an Annex to the Convention under the procedure specified in sub‑paragraph (f)(iii) of this paragraph, the amendment deemed to have been accepted in accordance with the foregoing conditions shall enter into force six months after its acceptance for all the Parties with the exception of those which, before that date, have made a declaration that they do not accept it, or a declaration under sub‑paragraph (f)(ii) of this paragraph, that their express approval is necessary.

(3) Amendment by a Conference:

(a)Upon the request of a Party, concurred in by at least one‑third of the Parties, the Organization shall convene a Conference of Parties to the Convention to consider amendments to the present Convention.

(b) Every amendment adopted by such a Conference by a two‑thirds majority of those present and voting of the Parties shall be communicated by the Secretary‑General of the Organization to all Contracting Parties for their acceptance.

(c)Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and to have entered into force in accordance with the procedures specified for that purpose in sub‑paragraphs (2)(f) and (g) of the present Article.

(4)(a)In the case of an amendment to an Optional Annex, a reference in the present Article to a “Party to the Convention” shall be deemed to mean a reference to a Party bound by that Annex.

(b)Any Party which has declined to accept an amendment to an Annex shall be treated as a non‑Party only for the purpose of application of that Amendment.

(5) The adoption and entry into force of a new Annex shall be subject to the same procedures as for the adoption and entry into force of an amendment to an Article of the Convention.

(6) Unless expressly provided otherwise, any amendment to the present Convention made under this Article, which relates to the structure of a ship, shall apply only to ships for which the building contract is placed, or in the absence of a building contract, the keel of which is laid, on or after the date on which the amendment comes into force.

(7) Any amendment to a Protocol or to an Annex shall relate to the substance of that Protocol or Annex and shall be consistent with the Articles of the present Convention.

(8) The Secretary‑General of the Organization shall inform all Parties of any amendments which enter into force under the present Article, together with the date on which each such amendment enters into force.

(9) Any declaration of acceptance or of objection to an amendment under the present Article shall be notified in writing to the Secretary‑General of the Organization. The latter shall bring such notification and the date of its receipt to the notice of the Parties to the Convention.

ARTICLE 17

Promotion of Technical Co‑operation

The Parties to the Convention shall promote, in consultation with the Organization and other international bodies, with assistance and co‑ordination by the Executive Director of the United Nations Environment Programme, support for those Parties which request technical assistance for:

(a)the training of scientific and technical personnel;

(b)the supply of necessary equipment and facilities for reception and monitoring;

(c)the facilitation of other measures and arrangements to prevent or mitigate pollution of the marine environment by ships; and

(d)the encouragement of research;

preferably within the countries concerned, so furthering the aims and purposes of the present Convention.

ARTICLE 18

Denunciation

(1) The present Convention or any Optional Annex may be denounced by any Parties to the Convention at any time after the expiry of five years from the date on which the Convention or such Annex enters into force for that Party.

(2) Denunciation shall be effected by notification in writing to the Secretary‑General of the Organization who shall inform all the other Parties of any such notification received and of the date of its receipt as well as the date on which such denunciation takes effect.

(3) A denunciation shall take effect twelve months after receipt of the notification of denunciation by the Secretary‑General of the Organization or after the expiry of any other longer period which may be indicated in the notification.

ARTICLE 19

Deposit and Registration

(1) The present Convention shall be deposited with the Secretary‑General of the Organization who shall transmit certified true copies thereof to all States which have signed the present Convention or acceded to it.

(2) As soon as the present Convention enters into force, the text shall be transmitted by the Secretary‑General of the Organization to the Secretary‑General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

ARTICLE 20

Languages

The present Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German, Italian and Japanese languages shall be prepared and deposited with the signed original.

IN WITNESS WHEREOF the undersigned* being duly authorized by their respective Governments for that purpose have signed the present Convention.

DONE AT LONDON this second day of November, one thousand nine hundred and seventy‑three.

* Signatures omitted

PROTOCOL I

PROVISIONS CONCERNING REPORTS ON INCIDENTS INVOLVING HARMFUL SUBSTANCES
(in accordance with Article 8 of the Convention)

Article I

Duty to Report

(1) The Master of a ship involved in an incident referred to in Article III of this Protocol, or other person having charge of the ship, shall report the particulars of such incident without delay and to the fullest extent possible in accordance with the provisions of this Protocol.

(2) In the event of the ship referred to in paragraph (1) of the present Article being abandoned, or in the event of a report from such ship being incomplete or unobtainable, the owner, charterer, manager or operator of the ship, or their agents shall, to the fullest extent possible assume the obligations placed upon the Master under the provisions of this Protocol.

Article II

Methods of Reporting

(1) Each report shall be made by radio whenever possible, but in any case by the fastest channels available at the time the report is made. Reports made by radio shall be given the highest possible priority.

(2) Reports shall be directed to the appropriate officer or agency specified in paragraph (2)(a) of Article 8 of the Convention.

Article III

When to make Reports

The report shall be made whenever an incident involves:

(a)a discharge other than as permitted under the present Convention; or

(b)a discharge permitted under the present Convention by virtue of the fact that:

(i)it is for the purpose of securing the safety of a ship or saving life at sea; or

(ii)it results from damage to the ship or its equipment; or

(c)a discharge of a harmful substance for the purpose of combating a specific pollution incident or for purposes of ligitimate scientific research into pollution abatement or control; or

(d)the probability of a discharge referred to in sub‑paragraphs (a), (b) or (c) of the present Article.

Article IV

Contents of Report

(1) Each report shall contain in general:

(a)the identity of the ship;

(b)the time and date of the occurrence of the incident;

(c)the geographic position of the ship when the incident occurred;

(d)the wind and sea conditions prevailing at the time of the incident; and

(e)relevant details respecting the condition of the ship.

(2) Each report shall contain, in particular:

(a)a clear indication or description of the harmful substances involved, including, if possible, the correct technical names of such substances (trade names should not be used in place of the correct technical names);

(b)a statement or estimate of the quantities, concentrations and likely conditions of harmful substances discharged or likely to be discharged into the sea; and

(c)where relevant, a description of the packaging and identifying marks; and

(d)if possible, the names of the consignor, consignee or manufacturer.

(3) Each report shall clearly indicate whether the harmful substance discharged, or likely to be discharged is oil, a noxious liquid substance, a noxious solid substance or a noxious gaseous substance and whether such substance was or is carried in bulk or contained in packaged form, freight containers, portable tanks, or road and rail tank wagons.

(4) Each report shall be supplemented as necessary by any other relevant information requested by a recipient of the report or which the person sending the report deems appropriate.

Article V

Supplementary Report

Any person who is obliged under the provisions of this Protocol to send a report shall, when possible:

(a)supplement the initial report, as necessary, with information concerning further developments; and

(b)comply as fully as possible with requests from affected States for additional information concerning the incident.

PROTOCOL II

ARBITRATION
(in accordance with Article 10 of the Convention)

Article I

Arbitration procedure, unless the Parties to the dispute decide otherwise, shall be in accordance with the rules set out in this Protocol.

Article II

(1) An Arbitration Tribunal shall be established upon the request of one Party to the Convention addressed to another in application of Article 10 of the present Convention. The request for arbitration shall consist of a statement of the case together with any supporting documents.

(2) The requesting Party shall inform the Secretary‑General of the Organization of the fact that it has applied for the establishment of a Tribunal, of the names of the Parties to the dispute, and of the Articles of the Convention or Regulations over which there is in its opinion disagreement concerning their interpretation or application. The Secretary‑General shall transmit this information to all Parties.

Article III

The Tribunal shall consist of three members: one Arbitrator nominated by each Party to the dispute and a third Arbitrator who shall be nominated by agreement between the two first named, and shall act as its Chairman.

Article IV

(1) If, at the end of a period of sixty days from the nomination of the second Arbitrator, the Chairman of the Tribunal shall not have been nominated, the Secretary‑General of the Organization upon request of either Party shall within a further period of sixty days proceed to such nomination, selecting him from a list of qualified persons previously drawn up by the Council of the Organization.

(2) If, within a period of sixty days from the date of the receipt of the request, one of the Parties shall not have nominated the member of the Tribunal for whose designation it is responsible, the other Party may directly inform the Secretary‑General of the Organization who shall nominate the Chairman of the Tribunal within a period of sixty days, selecting him from the list prescribed in paragraph (1) of the present Article.

(3) The Chairman of the Tribunal shall, upon nomination, request the Party which has not provided an Arbitrator, to do so in the same manner and under the same conditions. If the Party does not make the required nomination, the Chairman of the Tribunal shall request the Secretary‑General of the Organization to make the nomination in the form and conditions prescribed in the preceding paragraph.

(4) The Chairman of the Tribunal, if nominated under the provisions of the present Article, shall not be or have been a national of one of the Parties concerned, except with the consent of the other Party.

(5) In the case of the decease or default of an Arbitrator for whose nomination one of the Parties is responsible, the said Party shall nominate a replacement within a period of sixty days from the date of decease or default. Should the said Party not make the nomination, the arbitration shall proceed under the remaining Arbitrators. In case of the decease or default of the Chairman of the Tribunal, a replacement shall be nominated in accordance with the provisions of Article III above, or in the absence of agreement between the members of the Tribunal within a period of sixty days of the decease or default, according to the provisions of the present Article.

Article V

The Tribunal may hear and determine counter‑claims arising directly out of the subject matter of the dispute.

Article VI

Each Party shall be responsible for the remuneration of its Arbitrator and connected costs and for the costs entailed by the preparation of its own case. The remuneration of the Chairman of the Tribunal and of all general expenses incurred by the Arbitration shall be borne equally by the Parties. The Tribunal shall keep a record of all its expenses and shall furnish a final statement thereof.

Article VII

Any Party to the Convention which has an interest of a legal nature and which may be affected by the decision in the case may, after giving written notice to the Parties which have originally initiated the procedure, join in the arbitration procedure with the consent of the Tribunal.

Article VIII

Any Arbitration Tribunal established under the provisions of the present Protocol shall decide its own rules of procedure.

Article IX

(1) Decisions of the Tribunal both as to its procedure and its place of meeting and as to any question laid before it, shall be taken by majority votes of its members; the absence or abstention of one of the members of the Tribunal for whose nomination the Parties were responsible, shall not constitute an impediment to the Tribunal reaching a decision. In cases of equal voting, the vote of the Chairman shall be decisive.

(2) The Parties shall facilitate the work of the Tribunal and in particular, in accordance with their legislation, and using all means at their disposal:

(a)provide the Tribunal with the necessary documents and information;

(b)enable the Tribunal to enter their territory, to hear witnesses or experts, and to visit the scene.

(3) Absence or default of one Party shall not constitute an impediment to the procedure.

Article X

(1) The Tribunal shall render its award within a period of five months from the time it is established unless it decides, in the case of necessity, to extend the time limit for a further period not exceeding three months. The award of the Tribunal shall be accompanied by a statement of reasons. It shall be final and without appeal and shall be communicated to the Secretary‑General of the Organization. The Parties shall immediately comply with the award.

(2) Any controversy which may arise between the Parties as regards interpretation or execution of the award may be submitted by either Party for judgment to the Tribunal which made the award, or, if it is not available to another Tribunal constituted for this purpose, in the same manner as the original Tribunal.

Annex I

REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL

CHAPTER I — GENERAL

Regulation 1

Definitions

For the purposes of this Annex:

(1) “Oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are subject to the provisions of Annex II of the present Convention) and, without limiting the generality of the foregoing, includes the substances listed in Appendix I to this Annex.

(2) “Oily mixture” means a mixture with any oil content.

(3) “Oil fuel” means any oil used as fuel in connexion with the propulsion and auxiliary machinery of the ship in which such oil is carried.

(4) “Oil tanker” means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and any “chemical tanker” as defined in Annex II of the present Convention when it is carrying a cargo or part cargo of oil in bulk.

(5) “Combination carrier” means a ship designed to carry either oil or solid cargoes in bulk.

(6) “New ship” means a ship:

(a)for which the building contract is placed after 31 December 1975; or

(b)in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 30 June 1976; or

(c)the delivery of which is after 31 December 1979; or

(d)which has undergone a major conversion:

(i)for which the contract is placed after 31 December 1975; or

(ii)in the absence of a contract, the construction work of which is begun after 30 June 1976; or

(iii)which is completed after 31 December 1979.

(7) “Existing ship” means a ship which is not a new ship.

(8) “Major conversion” means a conversion of an existing ship:

(a)which substantially alters the dimensions or carrying capacity of the ship; or

(b)which changes the type of the ship; or

(c)the intent of which in the opinion of the Administration is substantially to prolong its life; or

(d)which otherwise so alters the ship that if it were a new ship, it would become subject to relevant provisions of the present Convention not applicable to it as an existing ship.

(9) “Nearest land”. The term “from the nearest land” means from the baseline from which the territorial sea of the territory in question is established in accordance with international law, except that, for the purposes of the present Convention “from the nearest land” off the north eastern coast of Australia shall mean from a line drawn from a point on the coast of Australia in

latitude 11°00′ South, longitude 142°08′ East to a point in latitude 10°35′ South,

longitude 141°55′ East — thence to a point latitude 10°00′ South,

longitude 142°00′ East, thence to a point latitude 9°10′ South,

longitude 143°52′ East, thence to a point latitude 9°00′ South,

longitude 144°30′ East, thence to a point latitude 13°00′ South,

longitude 144°00′ East, thence to a point latitude 15°00′ South,

longitude 146°00′ East, thence to a point latitude 18°00′ South,

longitude 147°00′ East, thence to a point latitude 21°00′ South,

longitude 153°00′ East, thence to a point on the coast of Australia in latitude 24°42′ South, longitude 153°15′ East.

(10) “Special area” means a sea area where for recognized technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by oil is required. Special areas shall include those listed in Regulation 10 of this Annex.

(11) “Instantaneous rate of discharge of oil content” means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant.

(12) “Tank” means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk.

(13) “Wing tank” means any tank adjacent to the side shell plating.

(14) “Centre tank” means any tank inboard of a longitudinal bulkhead.

(15) “Slop tank” means a tank specifically designated for the collection of tank drainings, tank washings and other oily mixtures.

(16) “Clean ballast” means the ballast in a tank which since oil was last carried therein, has been so cleaned that effluent therefrom if it were discharged from a ship which is stationary into clean calm water on a clear day would not produce visible traces of oil on the surface of the water or on adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. If the ballast is discharged through an oil discharge monitoring and control system approved by the Administration, evidence based on such a system to the effect that the oil content of the effluent did not exceed 15 parts per million shall be determinative that the ballast was clean, notwithstanding the presence of visible traces.

(17) “Segregated ballast” means the ballast water introduced into a tank which is completely separated from the cargo oil and oil fuel system and which is permanently allocated to the carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious substances as variously defined in the Annexes of the present Convention.

(18) “Length” (L) means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline. The length (L) shall be measured in metres.

(19) “Forward and after perpendiculars” shall be taken at the forward and after ends of the length (L). The forward perpendicular shall coincide with the foreside of the stem on the waterline on which the length is measured.

(20) “Amidships” is at the middle of the length (L).

(21) “Breadth” (B) means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material. The breadth (B) shall be measured in metres.

(22) “Deadweight” (DW) means the difference in metric tons between the displacement of a ship in water of a specific gravity of 1.025 at the load waterline corresponding to the assigned summer free‑board and the lightweight of the ship.

(23) “Lightweight” means the displacement of a ship in metric tons without cargo, oil fuel, lubricating oil, ballast water, fresh water and feedwater in tanks, consumable stores, passengers and their effects.

(24) “Permeability” of a space means the ratio of the volume within that space which is assumed to be occupied by water to the total volume of that space.

(25) “Volumes” and “areas” in a ship shall be calculated in all cases to moulded lines.

Regulation 2

Application

(1) Unless expressly provided otherwise, the provisions of this Annex shall apply to all ships.

(2) In ships other than oil tankers fitted with cargo spaces which are constructed and utilized to carry oil in bulk of an aggregate capacity of 200 cubic metres or more, the requirements of Regulations 9, 10, 14, 15(1), (2) and (3), 18, 20 and 24(4) of this Annex for oil tankers shall also apply to the construction and operation of those spaces, except that where such aggregate capacity is less than 1,000 cubic metres the requirements of Regulation 15(4) of this Annex may apply in lieu of Regulation 15(1), (2) and (3).

(3) Where a cargo subject to the provisions of Annex II of the present Convention is carried in a cargo space of an oil tanker, the appropriate requirements of Annex II of the present Convention shall also apply.

(4)(a)Any hydrofoil, air‑cushion vehicle and other new type of vessel (near‑surface craft, submarine craft, etc.) whose constructional features are such as to render the application of any of the provisions of Chapters II and III of this Annex relating to construction and equipment unreasonable or impracticable may be exempted by the Administration from such provisions, provided that the construction and equipment of that ship provides equivalent protection against pollution by oil, having regard to the service for which it is intended.

(b)Particulars of any such exemption granted by the Administration shall be indicated in the Certificate referred to in Regulation 5 of this Annex.

(c)The Administration which allows any such exemption shall, as soon as possible, but not more than ninety days thereafter, communicate to the Organization particulars of same and the reasons therefor, which the Organization shall circulate to the Parties to the Convention for their information and appropriate action, if any.

Regulation 3

Equivalents

(1) The Administration may allow any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by this Annex if such fitting, material, appliance or apparatus is at least as effective as that required by this Annex. This authority of the Administration shall not extend to substitution of operational methods to effect the control of discharge of oil as equivalent to those design and construction features which are prescribed by Regulations in this Annex.

(2) The Administration which allows a fitting, material, appliance or apparatus, as an alternative to that required by this Annex shall communicate to the Organization for circulation to the Parties to the Convention particulars thereof, for their information and appropriate action, if any.

Regulation 4

Surveys

(1) Every oil tanker of 150 tons gross tonnage and above, and every other ship of 400 tons gross tonnage and above shall be subject to the surveys specified below:

(a)An initial survey before the ship is put in service or before the Certificate required under Regulation 5 of this Annex is issued for the first time, which shall include a complete survey of its structure, equipment, fittings, arrangements and material in so far as the ship is covered by this Annex. This survey shall be such as to ensure that the structure, equipment, fittings, arrangements and material fully comply with the applicable requirements of this Annex.

(b)Periodical surveys at intervals specified by the Administration, but not exceeding five years, which shall be such as to ensure that the structure, equipment, fittings, arrangements and material fully comply with the applicable requirements of this Annex. However, where the duration of the International Oil Pollution Prevention Certificate (1973) is extended as specified in Regulation 8(3) or (4) of this Annex, the interval of the periodical survey may be extended correspondingly.

(c)Intermediate surveys at intervals specified by the Administration but not exceeding thirty months, which shall be such as to ensure that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, oily‑water separating equipment and oil filtering systems, fully comply with the applicable requirements of this Annex and are in good working order. Such intermediate surveys shall be endorsed on the International Oil Pollution Prevention Certificate (1973) issued under Regulation 5 of this Annex.

(2) The Administration shall establish appropriate measures for ships which are not subject to the provisions of paragraph (1) of this Regulation in order to ensure that the applicable provisions of this Annex are complied with.

(3) Surveys of the ship as regards enforcement of the provisions of this Annex shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it. In every case the Administration concerned fully guarantees the completeness and efficiency of the surveys.

(4) After any survey of the ship under this Regulation has been completed, no significant change shall be made in the structure, equipment, fittings, arrangements or material covered by the survey without the sanction of the Administration, except the direct replacement of such equipment or fittings.

Regulation 5

Issue of Certificate

(1) An International Oil Pollution Prevention Certificate (1973) shall be issued, after survey in accordance with the provisions of Regulation 4 of this Annex, to any oil tanker of 150 tons gross tonnage and above and any other ships of 400 tons gross tonnage and above which are engaged in voyages to ports or off‑shore terminals under the jurisdiction of other Parties to the Convention. In the case of existing ships this requirement shall apply twelve months after the date of entry into force of the present Convention.

(2) Such Certificate shall be issued either by the Administration or by any persons or organization duly authorized by it. In every case the Administration assumes full responsibility for the certificate.

Regulation 6

Issue of a Certificate by another Government

(1) The Government of a Party to the Convention may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the provisions of this Annex are complied with, shall issue or authorize the issue of an International Oil Pollution Prevention Certificate (1973) to the ship in accordance with this Annex.

(2) A copy of the Certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration.

(3) A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the Certificate issued under Regulation 5 of this Annex.

(4) No International Oil Pollution Prevention Certificate (1973) shall be issued to a ship which is entitled to fly the flag of a State which is not a Party.

Regulation 7

Form of Certificate

The International Oil Pollution Prevention Certificate (1973) shall be drawn up in an official language of the issuing country in the form corresponding to the model given in Appendix II to this Annex. If the language used is neither English nor French, the text shall include a translation into one of these languages.

Regulation 8

Duration of Certificate

(1) An International Oil Pollution Prevention Certificate (1973) shall be issued for a period specified by the Administration, which shall not exceed five years from the date of issue, except as provided in paragraph (2), (3) and (4) of this Regulation.

(2) If a ship at the time when the Certificate expires is not in a port or off‑shore terminal under the jurisdiction of the Party to the Convention whose flag the ship is entitled to fly, the Certificate may be extended by the Administration, but such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the State whose flag the ship is entitled to fly or in which it is to be surveyed and then only in cases where it appears proper and reasonable to do so.

(3) No Certificate shall be thus extended for a period longer than five months and a ship to which such extension is granted shall not on its arrival in the State whose flag it is entitled to fly or the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port or State without having obtained a new Certificate.

(4) A Certificate which has not been extended under the provisions of paragraph (2) of this Regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it.

(5) A Certificate shall cease to be valid if significant alterations have taken place in the construction, equipment, fittings, arrangements, or material required without the sanction of the Administration, except the direct replacement of such equipment or fittings, or if intermediate surveys as specified by the Administration under Regulation 4(1)(c) of this Annex are not carried out.

(6) A Certificate issued to a ship shall cease to be valid upon transfer of such a ship to the flag of another State, except as provided in paragraph (7) of this Regulation.

(7) Upon transfer of a ship to the flag of another Party, the Certificate shall remain in force for a period not exceeding five months provided that it would not have expired before the end of that period, or until the Administration issues a replacement Certificate, whichever is earlier. As soon as possible after the transfer has taken place the Government of the Party whose flag the ship was formerly entitled to fly shall transmit to the Administration a copy of the Certificate carried by the ship before the transfer and, if available, a copy of the relevant survey report.

CHAPTER II — REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION

Regulation 9

Control of Discharge of Oil

(1) Subject to the provisions of Regulations 10 and 11 of this Annex and paragraph (2) of this Regulation, any discharge into the sea of oil or oily mixtures from ships to which this Annex applies shall be prohibited except when all the following conditions are satisfied:

(a)for an oil tanker, except as provided for in sub‑paragraph (b) of this paragraph:

(i)the tanker is not within a special area;

(ii)the tanker is more than 50 nautical miles from the nearest land;

(iii)the tanker is proceeding en route;

(iv)the instantaneous rate of discharge of oil content does not exceed 60 litres per nautical mile;

(v)the total quantity of oil discharged into the sea does not exceed for existing tankers 1/15,000 of the total quantity of the particular cargo of which the residue formed a part, and for new tankers 1/30,000 of the total quantity of the particular cargo of which the residue formed a part; and

(vi)the tanker has in operation, except as provided for in Regulation 15(5) and (6) of this Annex, an oil discharge monitoring and control system and a slop tank arrangement as required by Regulation 15 of this Annex;

(b)from a ship of 400 tons gross tonnage and above other than an oil tanker and from machinery space bilges excluding cargo pump room bilges of an oil tanker unless mixed with oil cargo residue:

(i)the ship is not within a special area;

(ii)the ship is more than 12 nautical miles from the nearest land;

(iii)the ship is proceeding en route;

(iv)the oil content of the effluent is less than 100 parts per million; and

(v)the ship has in operation an oil discharge monitoring and control system, oily‑water separating equipment, oil filtering system or other installation as required by Regulation 16 of this Annex.

(2) In the case of a ship of less than 400 tons gross tonnage other than an oil tanker whilst outside the special area, the Administration shall ensure that it is equipped as far as practicable and reasonable with installations to ensure the storage of oil residues on board and their discharge to reception facilities or into the sea in compliance with the requirements of paragraph (1)(b) of this Regulation.

(3) Whenever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a ship or its wake, Governments of Parties to the Convention should, to the extent they are reasonably able to do so, promptly investigate the facts bearing on the issue of whether there has been a violation of the provisions of this Regulation or Regulation 10 of this Annex. The investigation should include, in particular, the wind and sea conditions, the track and speed of the ship, other possible sources of the visible traces in the vicinity, and any relevant oil discharge records.

(4) The provisions of paragraph (1) of this Regulation shall not apply to the discharge of clean or segregated ballast. The provisions of sub‑paragraph (1)(b) of this Regulation shall not apply to the discharge of oily mixture which without dilution has an oil content not exceeding 15 parts per million.

(5) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this Regulation.

(6) The oil residues which cannot be discharged into the sea in compliance with paragraphs (1), (2) and (4) of this Regulation shall be retained on board or discharged to reception facilities.

Regulation 10

Methods for the Prevention of Oil Pollution from Ships while operating in Special Areas

(1) For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area and the Gulfs area which are defined as follows:

(a)The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41oN parallel and bounded to the west by the Straits of Gibraltar at the meridian of 5°36′W.

(b)The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8′N.

(c)The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parrallel 41°N.

(d)The Red Sea area means the Red Sea proper including the Gulfs of Suez and the Aqaba bounded at the south by the rhumb line between Ras si Ane (12°8.5′N, 43°9.6′E) and Husn Murad (12°40.4′N,
43°30.2′E).

(e)The Gulfs area means the sea area located north west of the rhumb line between Ras al Hadd (22°30′N, 59°48′E) and Ras Al Fasteh (25°4′N, 61°25′E).

(2)(a)Subject to the provisions of Regulation 11 of this Annex, any discharge into the sea of oil or oily mixture from any oil tanker and any ship of 400 tons gross tonnage and above other than an oil tanker shall be prohibited, while in a special area.

(b)Such ships while in a special area shall retain on board all oil drainage and sludge, dirty ballast and tank washing waters and discharge them only to reception facilities.

(3)(a)Subject to the provisions of Regulation 11 of this Annex, any discharge into the sea of oil or oily mixture from a ship of less than 400 tons gross tonnage, other than an oil tanker, shall be prohibited while in a special area, except when the oil content of the effluent without dilution does not exceed 15 parts per million or alternatively when all of the following conditions are satisfied:

(i)the ship is preceding en route;

(ii)the oil content of the effluent is less than 100 parts per million; and

(iii)the discharge is made as far as practicable from the land, but in no case less than 12 nautical miles from the nearest land.

(b)No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this Regulation.

(c)The oil residues which cannot be discharged into the sea in compliance with sub‑paragraph (a) of this paragraph shall be retained on board or discharged to reception facilities.

(4) The provisions of this Regulation shall not apply to the discharge of clean or segregated ballast.

(5) Nothing in this Regulation shall prohibit a ship on a voyage only part of which is in a special area from discharging outside the special area in accordance with Regulation 9 of this Annex.

(6) Whenever visible traces of oil are observed on or below the surface of the water in the immediate vicinity of a ship or its wake, the Governments of Parties to the Convention should, to the extent they are reasonably able to do so, promptly investigate the facts bearing on the issue of whether there has been a violation of the provisions of this Regulation or Regulation 9 of this Annex. The investigation should include, in particular, the wind and sea conditions, the track and speed of the ship, other possible sources of the visible traces in the vicinity, and any relevant oil discharge records.

(7) Reception facilities within special areas:

(a)Mediterranean Sea, Black Sea and Baltic Sea areas:

(i)The Government of each Party to the Convention, the coastline of which borders on any given special area, undertakes to ensure that not later than 1 January 1977 all oil loading terminals and repair ports within the special area are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from oil tankers. In addition all ports within the special area shall be provided with adequate reception facilities for other residues and oily mixtures from all ships. Such facilities shall have adequate capacity to meet the needs of the ships using them without causing undue delay.

(ii)The Government of each Party having under its jurisdiction entrances to seawater courses with low depth contour which might require a reduction of draught by the discharge of ballast undertakes to ensure the provision of the facilities referred to in sub‑paragraph (a)(i) of this paragraph but with the proviso that ships required to discharge slops or dirty ballast could be subject to some delay.

(iii)During the period between the entry into force of the present Convention (if earlier than 1 January 1977) and 1 January 1977 ships while navigating in the special areas shall comply with the requirements of Regulation 9 of this Annex. However, the Governments of Parties the coastlines of which border on any of the special areas under this sub‑paragraph may establish a date earlier than 1 January 1977 but after the date of entry into force of the present Convention, from which the requirements of this Regulation in respect of the special areas in question shall take effect:

(1)if all the reception facilities required have been provided by the date so established; and

(2)provided that the Parties concerned notify the Organization of the date so established at least six months in advance, for circulation to other Parties.

(iv)After 1 January 1977, or the date established in accordance with sub‑paragraph (a)(iii) of this paragraph if earlier, each Party shall notify the Organization for transmission to the Contracting Governments concerned of all cases where the facilities are alleged to be inadequate.

(b)Red Sea area and Gulfs area:

(i)The Government of each Party the coastline of which borders on the special areas undertakes to ensure that as soon as possible all oil loading terminals and repair ports within these special areas are provided with facilities adequate for the reception and treatment of all the dirty ballast and tank washing water from tankers. In addition all ports within the special area shall be provided with adequate reception facilities for other residues and oily mixtures from all ships. Such facilities shall have adequate capacity to meet the needs of the ships using them without causing undue delay.

(ii)The Government of each Party having under its jurisdiction entrances to seawater courses with low depth contour which might require a reduction of draught by the discharge of ballast shall undertake to ensure the provision of the facilities referred to in sub‑paragraph (b)(i) of this paragraph but with the proviso that ships required to discharge slops or dirty ballast could be subject to some delay.

(iii)Each Party concerned shall notify the Organization of the measures taken pursuant to provisions of sub‑paragraph (b)(i) and (ii) of this paragraph. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of this Regulation in respect of the area in question shall take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date.

(iv)During the period between the entry into force of the present Convention and the date so established, ships while navigating in the special area shall comply with the requirements of Regulation 9 of this Annex.

(v)After such date oil tankers loading in ports in these special areas where such facilities are not yet available shall also fully comply with the requirements of this Regulation. However, oil tankers entering these special areas for the purpose of loading shall make every effort to enter the area with only clean ballast on board.

(vi)After the date on which the requirements for the special area in question take effect, each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities are alleged to be inadequate.

(vii)At least the reception facilities as prescribed in Regulation 12 of this Annex shall be provided by 1 January 1977 or one year after the date of entry into force of the present Convention, whichever occurs later.

Regulation 11

Exceptions

Regulations 9 and 10 of this Annex shall not apply to:

(a)the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or

(b)the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment:

(i)provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and

(ii)except if the owner or the Master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or

(c)the discharge into the sea of substances containing oil, approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur.

Regulation 12

Reception Facilities

(1) Subject to the provisions of Regulation 10 of this Annex, the Government of each Party undertakes to ensure the provision at oil loading terminals, repair ports, and in other ports in which ships have oily residues to discharge, of facilities for the reception of such residues and oily mixtures as remain from oil tankers and other ships adequate to meet the needs of the ships using them without causing undue delay to ships.

(2) Reception facilities in accordance with paragraph (1) of this Regulation shall be provided in:

(a)all ports and terminals in which crude oil is loaded into oil tankers where such tankers have immediately prior to arrival completed a ballast voyage of not more than 72 hours or not more than 1,200 nautical miles;

(b)all ports and terminals in which oil other than crude oil in bulk is loaded at an average quantity of more than 1,000 metric tons per day;

(c)all ports having ship repair yards or tank cleaning facilities;

(d)all ports and terminals which handle ships provided with the sludge tank(s) required by Regulation 17 of this Annex;

(e)all ports in respect of oily bilge waters and other residues, which cannot be discharged in accordance with Regulation 9 of this Annex; and

(f)all loading ports for bulk cargoes in respect of oil residues from combination carriers which cannot be discharged in accordance with Regulation 9 of this Annex.

(3) The capacity for the reception facilities shall be as follows:

(a)Crude oil loading terminals shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of Regulation 9(1)(a) of this Annex from all oil tankers on voyages as described in paragraph (2)(a).

(b)Loading ports and terminals referred to in paragraph (2)(b) of this Regulation shall have sufficient reception facilities to receive oil and oily mixtures which cannot be discharged in accordance with the provisions of Regulation 9(1)(a) of this Annex from oil tankers which load oil other than crude oil in bulk.

(c)All ports having ship repair yards or tank cleaning facilities shall have sufficient reception facilities to receive all residues and oily mixtures which remain on board for disposal from ships prior to entering such yards or facilities.

(d)All facilities provided in ports and terminals under paragraph (2)(d) of this Regulation shall be sufficient to receive all residues retained according to Regulation 17 of this Annex from all ships that may reasonably be expected to call at such ports and terminals.

(e)All facilities provided in ports and terminals under this Regulation shall be sufficient to receive oily bilge waters and other residues which cannot be discharged in accordance with Regulation 9 of this Annex.

(f)The facilities provided in loading ports for bulk cargoes shall take into account the special problems of combination carriers as appropriate.

(4) The reception facilities prescribed in paragraphs (2) and (3) of this Regulation shall be made available no later than one year from the date of entry into force of the present Convention or by 1 January 1977, whichever occurs later.

(5) Each Party shall notify the Organization for transmission to the Parties concerned of all cases where the facilities provided under this Regulation are alleged to be inadequate.

Regulation 13

Segregated Ballast Oil Tankers

(1) Every new oil tanker of 70,000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of this Regulation.

(2) The capacity of the segregated ballast tanks shall be so determined that the ship may operate safely on ballast voyages without recourse to the use of oil tanks for water ballast except as provided for in paragraph (3) of this Regulation. In all cases, however, the capacity of segregated ballast tanks shall be at least such that in any ballast condition at any part of the voyage, including the conditions consisting of lightweight plus segregated ballast only, the ship’s draughts and trim can meet each of the following requirements:

(a)the moulded draught amidships (dm) in metres (without taking into account any ship’s deformation) shall not be less than:

dm = 2.0 + 0.02L;

(b)the draughts at the forward and after perpendiculars shall correspond to those determined by the draught amidships (dm), as specified in sub‑paragraph (a) of this paragraph, in association with the trim by the stern of not greater than 0.015L; and

(c)in any case the draught at the after perpendicular shall not be less than that which is necessary to obtain full immersion of the propeller(s).

(3) In no case shall ballast water be carried in oil tanks except in weather conditions so severe that, in the opinion of the Master, it is necessary to carry additional ballast water in oil tanks for the safety of the ship. Such additional ballast water shall be processed and discharged in compliance with Regulation 9 and in accordance with the requirements of Regulation 15 of this Annex, and entry shall be made in the Oil Record Book referred to in Regulation 20 of this Annex.

(4) Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraph (1) of this Regulation may, however, be qualified as a segregated ballast tanker, provided that in the case of an oil tanker of 150 metres in length and above it fully complies with the requirements of paragraphs (2) and (3) of this Regulation and in the case of an oil tanker of less than 150 metres in length the segregated ballast conditions shall be to the satisfaction of the Administration.

Regulation 14

Segregation of Oil and Water Ballast

(1) Except as provided in paragraph (2) of this Regulation, in new ships of 4,000 tons gross tonnage and above other than oil tankers, and in new oil tankers of 150 tons gross tonnage and above, no ballast water shall be carried in any oil fuel tank.

(2) Where abnormal conditions or the need to carry large quantities of oil fuel render it necessary to carry ballast water which is not a clean ballast in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with Regulation 9 using the equipment specified in Regulation 16(2) of this Annex, and an entry shall be made in the Oil Record Book to this effect.

(3) All other ships shall comply with the requirements of paragraph (1) of this Regulation as far as reasonable and practicable.

Regulation 15

Retention of Oil on Board

(1) Subject to the provisions of paragraphs (5) and (6) of this Regulation, oil tankers of 150 tons gross tonnage and above shall be provided with arrangements in accordance with the requirements of paragraphs (2) and (3) of this Regulation, provided that in the case of existing tankers the requirements for oil discharge monitoring and control systems and slop tank arrangements shall apply three years after the date of entry into force of the present Convention.

(2)(a)Adequate means shall be provided for cleaning the cargo tanks and transferring the dirty ballast residue and tank washings from the cargo tanks into a slop tank approved by the Administration. In existing oil tankers, any cargo tank may be designated as a slop tank.

(b)In this system arrangements shall be provided to transfer the oily waste into a slop tank or combination of slop tanks in such a way that any effluent discharged into the sea will be such as to comply with the provisions of Regulation 9 of this Annex.

(c)The arrangements of the slop tank or combination of slop tanks shall have a capacity necessary to retain the slops generated by tank washing, oil residues and dirty ballast residues but the total shall be not less than 3 per cent of the oil carrying capacity of the ship, except that, where segregated ballast tanks are provided in accordance with Regulation 13 of this Annex, or where arrangements such as eductors involving the use of water additional to the washing water are not fitted, the Administration may accept 2 per cent. New oil tankers over 70,000 tons deadweight shall be provided with at least two slop tanks.

(d)Slop tanks shall be so designed particularly in respect of the position of inlets, outlets, baffles or weirs where fitted, so as to avoid excessive turbulence and entrainment of oil or emulsion with the water.

(3)(a)An oil discharge monitoring and control system approved by the Administration shall be fitted. In considering the design of the oil content meter to be incorporated in the system, the Administration shall have regard to the specification recommended by the Organization.^[1]* The system shall be fitted with a recording device to provide a continuous record of the discharge in litres per nautical mile and total quantity discharged, or the oil content and rate of discharge. This record shall be identifiable as to time and date and shall be kept for at least three years. The oil discharge monitor and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the instantaneous rate discharge of oil exceeds that permitted by Regulation 9(1)(a) of this Annex. Any failure of this monitoring and control system shall stop the discharge and be noted in the Oil Record Book. A manually operated alternative method shall be provided and may be used in the event of such failure, but the defective unit shall be made operable before the oil tanker commences its next ballast voyage unless it is proceeding to a repair port. Existing oil tankers shall comply with all of the provisions specified above except that the stopping of the discharge may be performed manually and the rate of discharge may be estimated from the pump characteristic.

(b)Effective oil/water interface detectors approved by the Administration shall be provided for a rapid and accurate determination of the oil/water interface in slop tanks and shall be available for use in other tanks where the separation of oil and water is effected and from which it is intended to discharge effluent direct to the sea.

(c)Instructions as to the operation of the system shall be in accordance with an operational manual approved by the Administration. They shall cover manual as well as automatic operations and shall be intended to ensure that at no time shall oil be discharged except in compliance with the conditions specified in Regulation 9 of this Annex.^[2]**

(4) The requirements of paragraphs (1), (2) and (3) of this Regulation shall not apply to oil tankers of less than 150 tons gross tonnage, for which the control of discharge of oil under Regulation 9 of this Annex shall be effected by the retention of oil on board with subsequent discharge of all contaminated washings to reception facilities. The total quantity of oil and water used for washing and returned to a storage tank shall be recorded in the Oil Record Book. This total quantity shall be discharged to reception facilities unless adequate arrangements are made to ensure that any effluent which is allowed to be discharged into the sea is effectively monitored to ensure that the provisions of Regulation 9 of this Annex are complied with.

(5) The Administration may waive the requirements of paragraphs (1), (2) and (3) of this Regulation for any oil tanker which engages exclusively on voyages both of 72 hours or less in duration and within 50 miles from the nearest land, provided that the oil tanker is not required to hold and does not hold an International Oil Pollution Prevention Certificate (1973). Any such waiver shall be subject to the requirement that the oil tanker shall retain on board all oily mixtures for subsequent discharge to reception facilities and to the determination by the Administration that facilities available to receive such oily mixtures are adequate.

(6) Where in the view of the Organization equipment required by Regulation 9(1)(a)(vi) of this Annex and specified in sub‑paragraph (3)(a) of this Regulation is not obtainable for the monitoring of discharge of light refined products (white oils), the Administration may waive compliance with such requirement, provided that discharge shall be permitted only in compliance with procedures established by the Organization which shall satisfy the conditions of Regulation 9(1)(a) of this Annex except the obligation to have an oil discharge monitoring and control system in operation. The Organization shall review the availability of equipment at intervals not exceeding twelve months.

(7) The requirements of paragraphs (1), (2) and (3) of this Regulation shall not apply to oil tankers carrying asphalt, for which the control of discharge of asphalt under Regulation 9 of this Annex shall be effected by the retention of asphalt residues on board with discharge of all contaminated washings to reception facilities.

Regulation 16

Oil Discharge Monitoring and Control System and Oily‑Water Separating Equipment

(1) Any ship of 400 tons gross tonnage and above shall be fitted with an oily‑water separating equipment or filtering system complying with the provisions of paragraph (6) of this Regulation. Any such ship which carries large quantities of oil fuel shall comply with paragraph (2) of this Regulation or paragraph (1) of Regulation 14.

(2) Any ship of 10,000 tons gross tonnage and above shall be fitted:

(a)in addition to the requirements of paragraph (1) of this Regulation with an oil discharge monitoring and control system complying with paragraph (5) of this Regulation; or

(b)as an alternative to the requirements of paragraph (1) and sub‑paragraph (2)(a) of this Regulation, with an oily‑water separating equipment complying with paragraph (6) of this Regulation and an effective filtering system, complying with paragraph (7) of this Regulation.

(3) The Administration shall ensure that ships of less than 400 tons gross tonnage are equipped, as far as practicable, to retain on board oil or oily mixtures or discharge them in accordance with the requirements of Regulation 9(1)(b) of this Annex.

(4) For existing ships the requirements of paragraphs (1), (2) and (3) of this Regulation shall apply three years after the date of entry into force of the present Convention.

(5) An oil discharge monitoring and control system shall be of a design approved by the Administration. In considering the design of the oil content meter to be incorporated into the system, the Administration shall have regard to the specification recommended by the Organization.^[3]* The system shall be fitted with a recording device to provide a continuous record of the oil content in parts per million. This record shall be identifiable as to time and date and shall be kept for at least three years. The monitoring and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the oil content of effluent exceeds that permitted by Regulation 9(1)(b) of this Annex. Any failure of this monitoring and control system shall stop the discharge and be noted in the Oil Record Book. The defective unit shall be made operable before the ship commences its next voyage unless it is proceeding to a repair port. Existing ships shall comply with all of the provisions specified above except that the stopping of the discharge may be performed manually.

(6) Oily‑water separating equipment or an oil filtering system shall be of a design approved by the Administration and shall be such as will ensure that any oily mixture discharged into the sea after passing through the separator or filtering systems shall have an oil content of not less than 100 parts per million. In considering the design of such equipment, the Administration shall have regard to the specification recommended by the Organization.^[4]*

(7) The oil filtering system referred to in paragraph (2)(b) of this Regulation shall be of a design approved by the Administration and shall be such that it will accept the discharge from the separating system and produce an effluent the oil content of which does not exceed 15 parts per million. It shall be provided with alarm arrangements to indicate when this level cannot be maintained.

Regulation 17

Tanks for Oil Residues (Sludge)

(1) Every ship of 400 tons gross tonnage and above shall be provided with a tank or tanks of adequate capacity, having regard to the type of machinery and length of voyage, to receive the oily residues (sludges) which cannot be dealt with otherwise in accordance with the requirements of this Annex, such as those resulting from the purification of fuel and lubricating oils and oil leakages in the machinery spaces.

(2) In new ships, such tanks shall be designed and constructed so as to facilitate their cleaning and the discharge of residues to reception facilities. Existing ships shall comply with this requirement as far as is reasonable and practicable.

Regulation 18

Pumping, Piping and Discharge Arrangements of Oil Tankers

(1) In every oil tanker, a discharge manifold for connexion to reception facilities for the discharge of dirty ballast water or oil contaminated water shall be located on the open deck on both sides of the ship.

(2) In every oil tanker, pipelines for the discharge to the sea of effluent which may be permitted under Regulation 9 of this Annex shall be led to the open deck or to the ship’s side above the waterline in the deepest ballast condition. Different piping arrangements to permit operation in the manner permitted in sub‑paragraphs (4)(a) and (b) of this Regulation may be accepted.

(3) In new oil tankers means shall be provided for stopping the discharge of effluent into the sea from a position on upper deck or above located so that the manifold in use referred to in paragraph (1) of this Regulation and the effluent from the pipelines referred to in paragraph (2) of this Regulation may be visually observed. Means for stopping the discharge need not be provided at the observation position if a positive communication system such as telephone or radio system is provided between the observation position and the discharge control position.

(4) All discharges shall take place above the waterline except as follows:

(a)Segregated ballast and clean ballast may be discharged below the waterline in ports or at off‑shore terminals.

(b)Existing ships which, without modification, are not capable of discharging segregated ballast above the waterline may discharge segregated ballast below the waterline provided that an examination of the tank immediately before the discharge has established that no contamination with oil has taken place.

Regulation 19

Standard Discharge Connection

To enable pipes of reception facilities to be connected with the ship’s discharge pipeline for residues from machinery bilges, both lines shall be fitted with a standard discharge connection in accordance with the following table:

STANDARD DIMENSIONS OF FLANGES FOR DISCHARGE CONNECTIONS

Description	Dimension
Outside diameter	215 mm
Inner diameter	According to pipe outside diameter
Bolt circle diameter	183 mm
Slots in flange	6 holes 22 mm in diameter equidistantly placed on a bolt circle of the above diameter, slotted to the flange periphery. The slot width to be 22 mm
Flange thickness	20 mm
Bolts and nuts: quantity, diameter	6, each of 20 mm in diameter and of suitable length
The flange is designed to accept pipes up to a maximum internal diameter of 125 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a gasket of oilproof material, shall be suitable for a service pressure of 6 kg/cm2.

Regulation 20

Oil Record Book

(1) Every oil tanker of 150 tons gross tonnage and above and every ship of 400 tons gross tonnage and above other than an oil tanker shall be provided with an Oil Record Book, whether as part of the ship’s official log book or otherwise, in the form specified in Appendix III to this Annex.

(2) The Oil Record Book shall be completed on each occasion, on a tank‑to‑tank basis, whenever any of the following operations take place in the ship:

(a)For oil tankers

(i)loading of oil cargo;

(ii)internal transfer of oil cargo during voyage;

(iii)opening or closing before and after loading and unloading operations of valves or similar devices which inter‑connect cargo tanks;

(iv)opening or closing of means of communication between cargo piping and seawater ballast piping;

(v)opening or closing of ships’ side valves before, during and after loading and unloading operations;

(vi)unloading of oil cargo;

(vii)ballasting of cargo tanks;

(viii)cleaning of cargo tanks;

(ix)discharge of ballast except from segregated ballast tanks;

(x)discharge of water from slop tanks;

(xi)disposal of residues;

(xii)discharge overboard of bilge water which has accumulated in machinery spaces whilst in port, and the routine discharge at sea of bilge water which has accumulated in machinery spaces.

(b)For ships other than oil tankers

(i)ballasting or cleaning of fuel oil tanks or oil cargo spaces;

(ii)discharge of ballast or cleaning water from tanks referred to under (i) of this sub‑paragraph;

(iii)disposal of residues;

(iv)discharge overboard of bilge water which has accumulated in machinery spaces whilst in port, and the routine discharge at sea of bilge water which has accumulated in machinery spaces.

(3) In the event of such discharge of oil or oily mixture as is referred to in Regulation 11 of this Annex or in the event of accidental or other exceptional discharge of oil not excepted by that Regulation, a statement shall be made in the Oil Record Book of the circumstances of, and the reasons for, the discharge.

(4) Each operation described in paragraph (2) of this Regulation shall be fully recorded without delay in the Oil Record Book so that all the entries in the book appropriate to that operation are completed. Each section of the book shall be signed by the officer or officers in charge of the operations concerned and shall be countersigned by the Master of the ship. The entries in the Oil Record Book shall be in an official language of the State whose flag the ship is entitled to fly, and, for ships holding an International Oil Pollution Prevention Certificate (1973), in English or French. The entries in an official national language of the State whose flag the ship is entitled to fly shall prevail in case of a dispute or discrepancy.

(5) The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be preserved for a period of three years after the last entry has been made.

(6) The competent authority of the Government of a Party to the Convention may inspect the Oil Record Book on board any ship to which this Annex applies while the ship is in its port or off‑shore terminals and may make a copy of any entry in that book and may require the Master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the Master of the ship as a true copy of an entry in the ship’s Oil Record Book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of an Oil Record Book and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

Regulation 21

Special Requirements for Drilling Rigs and other Platforms

Fixed and floating drilling rigs when engaged in the exploration, exploitation and associated off‑shore processing of sea‑bed mineral resources and other platforms shall comply with the requirements of this Annex applicable to ships of 400 tons gross tonnage and above other than oil tankers, except that:

(a)they shall be equipped as far as practicable with the installations required in Regulations 16 and 17 of this Annex;

(b)they shall keep a record of all operations involving oil or oily mixture discharges, in a form approved by the Administration; and

(c)in any special area and subject to the provisions of Regulation 11 of this Annex, the discharge into the sea of oil or oily mixture shall be prohibited except when the oil content of the discharge without dilution does not exceed 15 parts per million.

CHAPTER III — REQUIREMENTS FOR MINIMIZING OIL POLLUTION FROM OIL TANKERS DUE TO SIDE AND BOTTOM DAMAGES

Regulation 22

Damage Assumptions

(1) For the purpose of calculating hypothetical oil outflow from oil tankers, three dimensions of the extent of damage of a parallelepiped on the side and bottom of the ship are assumed as follows. In the case of bottom damages two conditions are set forth to be applied individually to the stated portions of the oil tanker.

(a)Side damage

(i)Longitudinal extent (lc):	or 14.5 metres, whichever is less
(ii)Transverse extent (tc): (inboard from the ship’s side at right angles to the centreline at the level corresponding to the assigned summer freeboard)	B or 11.5 metres, 5 whichever is less

(iii)Vertical extent (vc):	from the base line upwards without limit

(b)Bottom damage

	For 0.3L from the forward perpendicular of the ship	Any other part of the ship
(i)Longitudinal extent (ls):	L 10	L or 5 metres, 10 whichever is less
(ii)Transverse extent (ts):	B or 10 metres, 6 whichever is less but not less than 5 metres	5 metres
(iii)Vertical extent from the base line (vs):	B or 6 metres, 15 whichever is less

(2) Wherever the symbols given in this Regulation appear in this Chapter, they have the meaning as defined in this Regulation.

Regulation 23

Hypothetical Outflow of Oil

(1) The hypothetical outflow of oil in the case of side damage (Oc) and bottom damage (Os) shall be calculated by the following formulae with respect to compartments breached by damage to all conceivable locations along the length of the ship to the extent as defined in Regulation 22 of this Annex.

(a)for side damages:

(I)

(b)for bottom damages:

(II)

where:Wi =volume of a wing tank in cubic metres assumed to be breached by the damage as specified in Regulation 22 of this Annex; Wi for a segregated ballast tank may be taken equal to zero,

Ci =volume of a centre tank in cubic metres assumed to be breached by the damage as specified in Regulation 22 of this Annex; Ci for a segregated ballast tank may be taken equal to zero,

	when bi is equal to or greater than tc, Ki shall be taken equal to zero,
	when hi is equal to or greater than vs, Zi shall be taken equal to zero,

bi =width of wing tank in metres under consideration measured inboard from the ship’s side at right angles to the centreline at the level corresponding to the assigned summer freeboard,

hi =minimum depth of the double bottom in metres under consideration; where no double bottom is fitted hi shall be taken equal to zero.

Whenever symbols given in this paragraph appear in this Chapter, they have the meaning as defined in this Regulation.

(2) If a void space or segregated ballast tank of a length less than lc as defined in Regulation 22 of this Annex is located between wing oil tanks, Oc in formula (I) may be calculated on the basis of volume Wi being the actual volume of one such tank (where they are of equal capacity) or the smaller of the two tanks (if they differ in capacity), adjacent to such space, multiplied by Si as defined below and taking for all other wing tanks involved in such a collision the value of the actual full volume.

where li = length in metres of void space or segregated ballast tank under consideration.

(3)(a)Credit shall only be given in respect of double bottom tanks which are either empty or carrying clean water when cargo is carried in the tanks above.

(b)Where the double bottom does not extend for the full length and width of the tank involved, the double bottom is considered non‑existent and the volume of the tanks above the area of the bottom damage shall be included in formula (II) even if the tank is not considered breached because of the installation of such a partial double bottom.

(c)Suction wells may be neglected in the determination of the value hi provided such wells are not excessive in area and extend below the tank for a minimum distance and in no case more than half the height of the double bottom. If the depth of such a well exceeds half the height of the double bottom, hi shall be taken equal to the double bottom height minus the well height.

Piping serving such wells if installed within the double bottom shall be fitted with valves or other closing arrangements located at the point of connexion to the tank served to prevent oil outflow in the event of damage to the piping. Such piping shall be installed as high from the bottom shell as possible. These valves shall be kept closed at sea at any time when the tank contains oil cargo, except that they may be opened only for cargo transfer needed for the purpose of trimming of the ship.

(4) In the case where bottom damage simultaneously involves four centre tanks, the value of Os may be calculated according to the formula

(III)

(5) An Administration may credit as reducing oil outflow in case of bottom damage, an installed cargo transfer system having an emergency high suction in each cargo oil tank, capable of transferring from a breached tank or tanks to segregated ballast tanks or to available cargo tankage if it can be assured that such tanks will have sufficient ullage. Credit for such a system would be governed by ability to transfer in two hours of operation oil equal to one half of the largest of the breached tanks involved and by availability of equivalent receiving capacity in ballast or cargo tanks. The credit shall be confined to permitting calculation of Os according to formula (III). The pipes for such suctions shall be installed at least at a height not less than the vertical extent of the bottom damage vs. The Administration shall supply the Organization with the information concerning the arrangements accepted by it, for circulation to other Parties to the Convention.

Regulation 24

Limitation of Size and Arrangement of Cargo Tanks

(1) Every new oil tanker shall comply with the provisions of this Regulation. Every existing oil tanker shall be required, within two years after the date of entry into force of the present Convention, to comply with the provisions of this Regulation if such a tanker falls into either of the following categories:

(a)a tanker, the delivery of which is after 1 January 1977; or

(b)a tanker to which both the following conditions apply:

(i)delivery is not later than 1 January 1977; and

(ii)the building contract is placed after 1 January 1974, or in cases where no building contract has previously been placed, the keel is laid or the tanker is at a similar stage of construction after 30 June 1974.

(2) Cargo tanks of oil tankers shall be of such size and arrangements that the hypothetical outflow Oc or Os calculated in accordance with the provisions of Regulation 23 of this Annex anywhere in the length of the ship does not exceed 30,000 cubic metres or 4003 DW, whichever is the greater, but subject to a maximum of 40,000 cubic metres.

(3) The volume of any one wing cargo oil tank of an oil tanker shall not exceed seventy‑five per cent of the limits of the hypothetical oil outflow referred to in paragraph (2) of this Regulation. The volume of any one centre cargo oil tank shall not exceed 50,000 cubic metres. However, in segregated ballast oil tankers as defined in Regulation 13 of this Annex, the permitted volume of a wing cargo oil tank situated between two segregated ballast tanks, each exceeding lc in length, may be increased to the maximum limit of hypothetical oil outflow provided that the width of the wing tanks exceeds tc.

(4) The length of each cargo tank shall not exceed 10 metres or one of the following values, whichever is the greater:

(a)where no longitudinal bulkhead is provided:

0.1L

(b)where a longitudinal bulkhead is provided at the centreline only:

0.15L

(c)where two or more longitudinal bulkheads are provided:

(i)for wing tanks:

0.2L

(ii)for centre tanks:

(1)if is equal to or greater than :

0.2L

(2)if is less than :

— where no centreline longitudinal bulkhead is provided:

(0.5 + 0.1) L

— where a centreline longitudinal bulkhead is provided:

(0.25 + 0.15) L

(5) In order not to exceed the volume limits established by paragraphs (2), (3) and (4) of this Regulation and irrespective of the accepted type of cargo transfer system installed, when such system interconnects two or more cargo tanks, valves or other similar closing devices shall be provided for separating the tanks from each other. These valves or devices shall be closed when the tanker is at sea.

(6) Lines of piping which run through cargo tanks in a position less than tc from the ship’s side or less than vc from the ship’s bottom shall be fitted with valves or similar closing devices at the point at which they open into any cargo tank. These valves shall be kept closed at sea at any time when the tanks contain cargo oil, except that they may be opened only for cargo transfer needed for the purpose of trimming of the ship.

Regulation 25

Subdivision and Stability

(1) Every new oil tanker shall comply with the subdivision and damage stability criteria as specified in paragraph (3) of this Regulation, after the assumed side or bottom damage as specified in paragraph (2) of this Regulation, for any operating draught reflecting actual partial or full load conditions consistent with trim and strength of the ship as well as specific gravities of the cargo. Such damage shall be applied to all conceivable locations along the length of the ship as follows:

(a)in tankers of more than 225 metres in length, anywhere in the ship’s length;

(b)in tankers of more than 150 metres, but not exceeding 225 metres in length, anywhere in the ship’s length except involving either after or forward bulkhead bounding the machinery space located aft. The machinery space shall be treated as a single floodable compartment;

(c)in tankers not exceeding 150 metres in length, anywhere in the ship’s length between adjacent transverse bulkheads with the exception of the machinery space. For tankers of 100 metres or less in length where all requirements of paragraph (3) of this Regulation cannot be fulfilled without materially impairing the operational qualities of the ship, Administrations may allow relaxations from these requirements.

Ballast conditions where the tanker is not carrying oil in cargo tanks excluding any oil residues, shall not be considered.

(2) The following provisions regarding the extent and the character of the assumed damage shall apply:

(a)The extent of side or bottom damage shall be as specified in Regulation 22 of this Annex, except that the longitudinal extent of bottom damage within 0.3L from the forward perpendicular shall be the same as for side damage, as specified in Regulation 22(1)(a)(i) of this Annex. If any damage of lesser extent results in a more severe condition such damage shall be assumed.

(b)Where the damage involving transverse bulkheads is envisaged as specified in sub‑paragraphs (1)(a) and (b) of this Regulation, transverse watertight bulkheads shall be spaced at least at a distance equal to the longitudinal extent of assumed damage specified in sub‑paragraph (a) of this paragraph in order to be considered effective. Where transverse bulkheads are spaced at a lesser distance, one or more of these bulkheads within such extent of damage shall be assumed as non‑existent for the purpose of determining flooded compartments.

(c)Where the damage between adjacent transverse watertight bulkheads is envisaged as specified in sub‑paragraph (1)(c) of this Regulation, no main transverse bulkhead or a transverse bulkhead bounding side tanks or double bottom tanks shall be assumed damaged, unless:

(i)the spacing of the adjacent bulkheads is less than the longitudinal extent of assumed damage specified in sub‑paragraph (a) of this paragraph; or

(ii)there is a step or a recess in a transverse bulkhead of more than 3.05 metres in length, located within the extent of penetration of assumed damage. The step formed by the after peak bulkhead and after peak tank top shall not be regarded as a step for the purpose of this Regulation.

(d)If pipes, ducts or tunnels are situated within the assumed extent of damage, arrangements shall be made so that progressive flooding cannot thereby extend to compartments other than those assumed to be floodable for each case of damage.

(3) Oil tankers shall be regarded as complying with the damage stability criteria if the following requirements are met:

(a)The final waterline, taking into account sinkage, heel and trim, shall be below the lower edge of any opening through which progressive flooding may take place. Such openings shall include air pipes and those which are closed by means of weathertight doors or hatch covers and may exclude those openings closed by means of watertight manhole covers and flush scuttles, small watertight cargo tank hatch covers which maintain the high integrity of the deck, remotely operated watertight sliding doors, and side scuttles of the non‑opening type.

(b)In the final stage of flooding, the angle of heel due to unsymmetrical flooding shall not exceed 25 degrees, provided that this angle may be increased up to 30 degrees if no deck edge immersion occurs.

(c)The stability in the final stage of flooding shall be investigated and may be regarded as sufficient if the righting lever curve has at least a range of 20 degrees beyond the position of equilibrium in association with a maximum residual righting lever of at least 0.1 metre. The Administration shall give consideration to the potential hazard presented by protected or unprotected openings which may become temporarily immersed within the range of residual stability.

(d)The Administration shall be satisfied that the stability is sufficient during intermediate stages of flooding.

(4) The requirements of paragraph (1) of this Regulation shall be confirmed by calculations which take into consideration the design characteristics of the ship, the arrangements, configuration and contents of the damaged compartments; and the distribution, specific gravities and the free surface effect of liquids. The calculations shall be based on the following:

(a)Account shall be taken of any empty or partially filled tank, the specific gravity of cargoes carried, as well as any outflow of liquids from damaged compartments.

(b)The permeabilities are assumed as follows:

Spaces	Permeability
Appropriated to stores	0.60
Occupied by accommodation	0.95
Occupied by machinery	0.85
Voids	0.95
Intended for consumable liquids	0 or 0.95*
Intended for other liquids	0 to 0.95†

*Whichever results in the more severe requirements.

†The permeability of partially filled compartments shall be consistent with the amount of liquid carried.

(c)The buoyancy of any superstructure directly above the side damage shall be disregarded. The unflooded parts of superstructures beyond the extent of damage, however, may be taken into consideration provided that they are separated from the damaged space by watertight bulkheads and the requirements of sub‑paragraph (3)(a) of this Regulation in respect of these intact spaces are complied with. Hinged watertight doors may be acceptable in watertight bulkheads in the superstructure.

(d)The free surface effect shall be calculated at an angle of heel of 5 degrees for each individual compartment. The Administration may require or allow the free surface corrections to be calculated at an angle of heel greater than 5 degrees for partially filled tanks.

(e)In calculating the effect of free surfaces of consumable liquids it shall be assumed that, for each type of liquid at least one transverse pair or a single centreline tank has a free surface and the tank or combination of tanks to be taken into account shall be those where the erect of free surfaces is the greatest.

(5) The Master of every oil tanker and the person in charge of a non‑self‑propelled oil tanker to which this Annex applies shall be supplied in an approved form with:

(a)information relative to loading and distribution of cargo necessary to ensure compliance with the provisions of this Regulation; and

(b)data on the ability of the ship to comply with damage stability criteria as determined by this Regulation, including the effect of relaxations that may have been allowed under sub‑paragraph (1)(c) of this Regulation.

Appendix I

LIST OF OILS^[5]*

Asphalt solutions	Gasoline Blending Stocks
Blending Stocks	Alkylates‑fuel
Roofers Flux	Reformates
Straight Run Residue	Polymer‑fuel
Oils	Gasolines
Clarified	Casinghead (natural)
Crude Oil	Automotive
Mixtures containing crude oil	Aviation
Diesel Oil	Straight Run
Fuel Oil No. 4	Fuel Oil No. 1 (Kerosene)
Fuel Oil No. 5	Fuel Oil No. 1‑D
Fuel Oil No. 6	Fuel Oil No. 2
Residual Fuel Oil	Fuel Oil No. 2‑D
Road Oil
Transformer Oil	Jet Fuels
Aromatic Oil (excluding vegetable oil)	JP‑1 (Kerosene)
Lubricating Oils and Blending Stocks	JP‑3
Mineral Oil	JP‑4
Motor Oil	JP‑5 (Kerosene, Heavy)
Penetrating Oil	Turbo Fuel
Spindle Oil	Kerosene
Turbine Oil	Mineral Spirit
Distillates	Naphtha
Straight Run	Solvent
Flashed Feed Stocks	Petroleum
	Heartcut Distillate Oil
Gas Oil
Cracked

Appendix II

FORM OF CERTIFICATE

INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE (1973)

Issued under the Provisions of the International Convention for the Prevention of Pollution from Ships, 1973, under the Authority of the Government of

................................................................................................................................(full designation of the country)

by ...........................................................................................................................

(full designation of the competent person or organisation authorized under the provision of the International Convention for the Prevention of Pollution from Ships, 1973)

Name of Ship

Distinctive
Number or
Letter

Port of
Registry

Gross
Tonnage

Type of Ship:

Oil tanker, including combination carrier^[6]*

Asphalt carrier*

Ship other than an oil tanker with cargo tanks coming under Regulation 2(2) of Annex I of the Convention*

Ship other than any of the above*

New/existing ship*

Date of building or major conversion contract ......................................................

Date on which keel was laid or ship was at a similar stage of
construction or on which major conversion was commenced ...............................

Date of delivery or completion of major conversion .............................................

PART AALL SHIPS

The ship is equipped with:

for ships of 400 tons gross tonnage and above:

(a)oily‑water separating equipment^[7]* (capable of producing the effluent with oil content not exceeding 100 parts per million) or

(b)an oil filtering system* (capable of producing the effluent with oil content not exceeding 100 parts per million)

for ships of 10,000 tons gross tonnage and above:

(c)an oil discharge monitoring and control system* (additional to (a) or (b) above) or

(d)oily‑water separating equipment and an oil filtering system* (capable of producing the effluent with oil content not exceeding 15 parts per million) in lieu of (a) or (b) above.

Particulars of requirements from which exemption is granted under Regulation 2(2) and 2(4)(a) of Annex I of the Convention:

................................................................................................................................

Remarks:

PART BOIL TANKER^[8]1, ^[9]2

Deadweight .....................metric tons. Length of ship .................... metres

It is certified that this ship is:

(a)required to be constructed according to and complies with^[10]3

(b)not required to be constructed according to3

(c)not required to be constructed according to, but complies with3

the requirements of Regulation 24 of Annex I of the Convention.

The capacity of segregated ballast tanks is ................... cubic metres and complies with the requirements of Regulation 13 of Annex I of the Convention.

The segregated ballast is distributed as follows:

Tank

Quantity

Tank

Quantity

^[11]*

THIS IS TO CERTIFY:

That the ship has been surveyed in accordance with Regulation 4 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, concerning the prevention of pollution by oil; and

That the survey shows that the structure, equipment, fittings, arrangement and material of the ship and the condition thereof are in all respects satisfactory and that the ship complies with the applicable requirements of Annex I of the Convention.

This Certificate is valid until .................................................................................

subject to intermediate survey(s) at intervals of ....................................................

Issued at .................................................................................................................

(place of issue of Certificate)

............................ 19 .......... ..........................................................................

(Signature of duly authorized official

issuing the Certificate)

(Seal or stamp of the issuing

Authority, as appropriate)

Endorsement for existing ships^[12]4

This is to certify that this ship has been so equipped as to comply with the requirements of the International Convention for the Prevention of Pollution from Ships, 1973 as relating to existing ships three years from the date of entry into force of the Convention.

Signed ......................................................

(Signature of duly authorized official)

Place of endorsement ...............................

Date of endorsement ................................

(Seal or stamp of the Authority,

as appropriate)

Intermediate survey

This is to certify that at an intermediate survey required by Regulation 4(1)(c) of Annex 1 of the Convention, this ship and the condition thereof are found to comply with the relevant provisions of the Convention.

Signed ......................................................

(Signature of duly authorized official)

Place .........................................................

Date ..........................................................

(Seal or stamp of the Authority,

as appropriate)

Signed .....................................................

(Signature of duly authorized official)

Place .........................................................

Date ..........................................................

(Seal or stamp of the Authority,

as appropriate)

Under the provisions of Regulation 8(2) and (4) of Annex 1 of the Convention the validity of this Certificate is extended until

................................................................................................................................

Signed ......................................................

(Signature of duly authorized official)

Place .........................................................

Date ..........................................................

(Seal or stamp of the Authority,

as appropriate)

Appendix III

FORM OF OIL RECORD BOOK

OIL RECORD BOOK

I — FOR OIL TANKERS1

Name of ship ..........................................................................................................

Total cargo carrying capacity of ship in cubic metres ...........................................

Voyage from ................... (date) ................. to .................. (date) ........................

(a)Loading of oil cargo

1.Date and place of loading
2.Types of oil loaded
3.Identity of tank(s) loaded
4.Closing of applicable cargo tank valves and applicable line cut‑off valves on completion of loading2

The undersigned certifies that in addition to the above, all sea valves, overboard discharge valves, cargo tank and pipeline connections and inter‑connections, were secured on completion of loading oil cargo.