Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2007
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Regulations may be cited as Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2007.
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paragraphs: The provisions of these Regulations shall apply to all ships, except where expressly provided otherwise in Regulations 5, 6, 13, 15, 18 and 19.
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paragraphs: (1) In these Regulations:
(a) construction identifiable with a specific ship begins, and
(b) assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material, whichever is the lesser;
(2) Any reference in these Regulations to standards and guidelines developed by the Organization, shall include a reference to any document amending those standards and guidelines which is considered by the Minister to be relevant from time to time and is specified in a Marine Notice.
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paragraphs: A fitting, material, appliance or apparatus may be fitted in a ship as an alternative to that required by these Regulations if a qualified person is satisfied that such fitting, material, appliance or apparatus is at least as effective as that required by these Regulations.
num: 5
paragraphs: (1) Every ship of 400 gross tonnage or above and every fixed and floating drilling rig and other platforms shall be subject to the following surveys:
(a) an initial survey made—
(i) before the ship is put into service, or
(ii) before the certificate required under Regulation 6 is issued for the first time;
(b) a renewal survey made at intervals specified by the Minister, but not exceeding 5 years, except where paragraph (2), (5), (6) or (7) of Regulation 9 is applicable; this survey shall be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with applicable requirements of these Regulations;
(c) an intermediate survey made—
(i) within 3 months before or after the second anniversary date,
(ii) within 3 months before or after the third anniversary date,
(d) an annual survey made within 3 months before or after each anniversary date of the certificate, including a general inspection of the equipment, systems, fittings, arrangements and material referred to in subparagraph (a) to ensure that they have been maintained in accordance with paragraph (4) and that they remain satisfactory for the service for which the ship is intended; each such survey shall be endorsed on the certificate issued under Regulation 6 or 7;
(e) an additional survey, either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in paragraph (4), or whenever any important repairs or renewals are made; such a survey shall be made so as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of these Regulations.
(2) Ships of less than 400 gross tonnage shall comply with such measures as may be determined by the Minister in order to ensure that the applicable provisions of these Regulations are complied with.
(3) (a) Surveys of ships, as regards the enforcement of the provisions of these Regulations, shall be carried out by a qualified person.
(b) The survey of engines and equipment for compliance with Regulation 13 shall be conducted in accordance with the NO X Technical Code.
(c) (i) When the qualified person determines that the condition of the equipment does not correspond substantially with the particulars of the certificate, he or she shall ensure that corrective action is taken and shall in due course notify the Minister.
(ii) If such corrective action is not taken, the Minister shall consider withdrawing the certificate.
(iii) If the ship is in a port of another Party, the appropriate authorities of the port State shall be notified immediately. When the qualified person has notified the appropriate authorities of the port State, he or she may request any necessary assistance to carry out his or her functions under this Regulation.
(4) (a) The equipment shall be maintained to conform with the provisions of these Regulations and no changes shall be made in the equipment, systems, fittings, arrangements, or material covered by the survey without the express approval of the Minister. The direct replacement of such equipment and fittings with equipment and fittings that conform with the provisions of these Regulations is permitted.
(b) Whenever an accident occurs to a ship or a defect is discovered, which substantially affects the efficiency or completeness of its equipment covered by these Regulations, the master or owner of the ship shall report at the earliest opportunity to the Minister and qualified person responsible for issuing the relevant certificate.
(5) The Minister shall, upon receipt of an application for survey and on payment of such fee (if any) as may be prescribed by him or her under section 17 of the Act, cause the ship to be surveyed by a surveyor of ships.
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paragraphs: (1) An International Air Pollution Prevention Certificate (an IAPP Certificate) shall be issued, after an initial or renewal survey in accordance with the provisions of Regulation 5, to each of the following:
(a) any ship of 400 gross tonnage and above engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties;
(b) platforms and drilling rigs engaged in voyages to waters under the sovereignty or jurisdiction of other Parties to the Protocol of 1997.