Protocol which have been accepted by the Republic; and to provide for matters connected therewith.
(Assented to 30 October /996.
Amendment of section 1 of Act 2 of 1986 1.
'exclusive economic zone' means the exclusive economic zone referred to in section 7 of the Maritime Zones Act, 1994 (Act No.
'South African ship' means any ship having South African nationality as contemplated in section 64 of the Merchant Shipping Act, 1951 (Act No.
4 of the Maritime Zones Act, 1994 (Act No.
Substitution of section 2 of Act 2 of 1986 2.
any other ship while it is in the Republic or its territorial waters or exclusive economic zone.
to the Administration or Government shall, in relation to a South African ship or the Republic, be construed as, or as including, a reference to the Minister or any person acting on his or her authority.
The English text of the Convention shall prevail for the purposes of its interpretation.
Substitution of section 3 of Act 2 of 1986 3.
in general, for the better achievement of the purposes of this Act.
be applicable outside the Republic.
Insertion of section 3A in Act 2 of 1986 4.
3A. (1) (a) Any person who contravenes any provision of this Act or the Convention or who fails to comply with any provision thereof with which it is his or her duty to comply, shall be guilty of an offence.
The owner and the master of a ship that does not comply with the requirements of this Act and the Convention shall each be guilty of an offence.
At a prosecution under subsection (I) in relation to a discharge of a harmful substance from a ship into the sea it shall be sufficient for the State to show that such discharge occurred, but it shall be a good defence if it is shown that the discharge complied with the requirements of this Act or the Convention.
For the purposes of paragraph (a), 'discharge' and 'harmful substance' shall have the meanings assigned thereto in Article 2 of the Convention.
No person shall be guilty of an offence under subsection (1) if he or she can show that he or she took all reasonable steps to ensure that the provisions of this Act and the Convention were complied with.
Any person convicted of an offence under subsection (1) shall be liable to a fine not exceeding R500000, or to imprisonment for a period not exceeding five years or to such fine as well as such imprisonment.
deposits with the Director-General such sum as that officer may require of him or her, but not exceeding the maximum fine which may be imposed for a conviction for the contravention or failure in question, the Director-General may, after such enquiry as he or she deems necessary, determine the matter summarily and may, without legal proceedings, order the whole or any part of the said deposit to be forfeited to the State by way of a penalty.
There shall be a right of appeal to the Minister from a determination or order by the Director-General whereby a penalty exceeding RIO 000 is imposed under subsection (5), provided such right is exercised within a period of three months from the date of such determination or order.
The imposition of a penalty under subsection (5) shall be deemed not to be a conviction of an offence, but no prosecution in respect of the offence in question may thereafter be instituted.
Substitution of section 4 of Act 2 of 1986 5.
Any offence contemplated in section 3(2) 3A(1) shall, for purposes in relation to jurisdiction of a court to try the offence be deemed to have been committed at any place where the accused happens to be within the area of jurisdiction of the court in which the prosecution is instituted.
Notwithstanding anything to the contrary contained in any law, a magistrate's court shall have jurisdiction to impose any penalty prescribed by this Act.
Insertion of section 4A in Act 2 of 1986 6.
4A. This Act shall also apply to the Prince Edward Islands referred to in section 1 of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948), and a reference in this Act to the Republic shall include a reference to those Islands.
Substitution of section 5 of Act 2 of 1986 7.
This Act shall be called the International Convention for the Prevention of Pollution from Ships Marine Pollution (Prevention of Pollution from Ships) Act, 1986 and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Amendment of Schedule to Act 2 of 1986 8.
The Schedule to the principal Act is hereby amended to the extent indicated in the Schedule.
Substitution of long title of Act 2 of 1986 9.
1978; and to provide for matters connected therewith.
Short title and commencement of section 8 10.
Pollution from Ships) Act, 1986 (Act No. 2 of 1986).
The Master or other person having charge of any ship involved in an incident referred to in Article 11 of this Protocol shall report the particulars of such incident without delay and to the fullest extent possible in accordance with the provisions of this Protocol.
In the event of the ship referred to in paragraph (1) of this Article being abandoned, or in the event of a report on such a ship being incomplete or unobtainable, the owner, charterer, manager or operator of the ship, or their agent shall, to the fullest extent possible, assume the obligations placed upon the Master under the provisions of this Protocol.
a discharge during the operation of the ship of oil or noxious liquid substances in excess of the quantity or instantaneous rate permitted under the present Convention.
'harmful substances' in packaged form referred to in paragraph (1)(b) of this Article means substances which are identified as marine pollutants in the International Maritime Dangerous Goods (IMDG) Code.
assistance and salvage measures.
comply as fully as possible with requests from affected States for additional information.
Reports shall be made by the fastest telecommunications channels available with the highest possible priority to the nearest coastal State.
In order to implement the provisions of this Protocol, Parties to the present Convention shall issue, or cause to be issued, regulations or instructions on the procedures to be followed in reporting incidents involving harmful substances, based on guidelines developed by the Organization.
" (c) Notwithstanding the provisions of subparagraph (a) of this paragraph, the conversion of an existing oil tanker to meet the requirements of Regulation 13F or 13G of this Annex shall not be deemed to constitute a major conversion for the purpose of this Annex.".
A ship when in a port or an offshore terminal of another Party is subject to inspection by officers duly authorised by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by oil.
In the circumstances given in paragraph (1), the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
Article 5 of the present Convention shall apply to this Regulation.
Nothing in this Regulation shall be construed to limit the rights and obligations of' a Party carrying out control over operational requirements specifically provided for in the present Convention.
the ship has in operation equipment as required by Regulation 16 of this Annex.
(4) The provisions of paragraph (1) of this Regulation shall not apply to the discharge of clean or segregated ballast or unprocessed oily mixtures which without dilution have an oil content not exceeding 15 parts per million and which do not originate from cargo pump-room bilges and are not mixed with oil cargo residues.
the ship has in operation oil filtering equipment complying with Regulation 16(7) of this Annex.
(7) In the case of a ship, referred to in Regulation 16(6) of this Annex, not fitted with equipment required by Regulation 16(1) or (2) of this Annex, the provisions of paragraph (1)(b) of this Regulation will not apply until 6 July 1998 or the date on which the ship is fitted with such equipment, whichever is the earlier.
the ship has in operation oily-water separating equipment of a design approved by the Administration, taking into account the specification recommended by the Organization*.
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 41 degrees N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 5 degrees 36'W.
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 degrees 44.8'N.
The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41 degrees N.
The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12 degrees 8.5'N, 43 degrees 19.6'E) and Husn Murad (12 degrees 40.4'N, 43 degrees 30.2'E).
The Gulfs area means the sea area located north west of the thumb line between Ras al Hadd (22 degrees 30'N, 59 degrees 48'E) and Ras el Al Fasteh (25 degrees 04'N, 61 degrees 25'E).
The Gulf of Aden area means that part of the Gulf of Aden between the Red Sea and the Arabian Sea bounded to the west by the thumb line between Ras si Ane (12 degrees 8.5'N, 43 degrees 19.6'E) and Husn Murad (12 degrees 40.4'N, 43 degrees 30.2'E) and to the east by the thumb line between Ras Asir (11 degrees 50'N, 51 degrees 16.9'E) and Ras Fartak (15 degrees 35'N, 52 degrees 13.8'E).
The Antarctic area means the sea area south of 60' south latitude.
(a) any discharge into the sea of oil or oily mixture from any oil tanker, and or any ship of 400 tons gross tonnage and above other than an oil tanker, shall be prohibited, while in a special area.
Reference is made to the Recommendation on International Performance and Test Specifications for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization by resolution A.393(X).
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.
The Government of each Party to the Convention whose ports are used by ships departing en route or arriving from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all sludge, dirty ballast, tank washing water, and other oily residues and mixtures from all ships without causing undue delay, and according to the needs of the ships using them.
The Government of each Party to the Convention shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, are fitted with a tank or tanks of sufficient capacity on board for the retention of all sludge, dirty ballast, tank washing water and other oily residues and mixtures while operating in the area and have concluded agreements to discharge such oily residues at a reception facility after leaving the area.
which is completed after 6 July 1996.
comply, if applicable, with the requirements of paragraph (6).
Wing tanks or spaces shall extend either for the full depth of the ship's side or from the top of the double bottom to the uppermost deck, disregarding a rounded gunwale where fitted.
w = 0.5 + DW/20000 (m); or w = 2.0 m, whichever is the lesser.
The minimum value of w = 1.0 m.
h = B115 (m); or h = 2.0 m, whichever is the lesser.
The minimum value of h = 1.
When the distances h and w are different, the distance w shall have preference at levels exceeding 1.5h above the baseline as shown in figure 1.
On crude oil tankers of 20000 tons deadweight and above and product carriers of 30000 tons deadweight and above, the aggregate capacity of wing tanks, double bottom tanks, forepeak tanks and afterpeak tanks shall not be less than the capacity of segregated ballast tanks necessary to meet the requirements of Regulation 13, Wing tanks or spaces and double bottom tanks used to meet the requirements of Regulation 13 shall be located as uniformly as practicable along the cargo tank length. Additional segregated ballast capacity provided for reducing longitudinal hull girder bending stress, trim, etc., may be located anywhere within the ship.
Suction wells in cargo tanks may protrude into the double bottom below the boundary line defined by the distance h provided that such wells are as small as practicable and the distance between the well bottom and bottom shell plating is not less than 0.5h.
Ballast piping and other piping such as sounding and vent piping to ballast tanks shall not pass through cargo tanks. Cargo piping and similar piping to cargo tanks shall not pass through ballast tanks.
Exemptions to this requirement may be granted for short lengths of piping, provided that they are completely welded or equivalent thereto.
f x h x p x g + 100~p < d x p x g where: c c - n s hc. = height of cargo in contact with the bottom shell plating in metres pc.
~p = maximum set pressure of pressure/vacuum valve provided for the cargo tank in bars f = safety factor = 1.1 g = standard acceleration of gravity (9.81 M/S2).
Any horizontal partition necessary to fulfil the above requirements shall be located at a height of not less that B/6 or 6 metres, whichever is the lesser, but not more than 0.6D, above the baseline where D is the moulded depth amidships.
The location of wing tanks or spaces shall be as defined in paragraph (3)(a) except that, below a level 1.5h above the baseline where h is as defined in paragraph (3)(b), the cargo tank boundary line may be vertical down to the bottom plating, as shown in figure 2.
Other methods of design and construction of oil tankers may also be accepted as alternatives to the requirements prescribed in paragraph (3), provided that such methods ensure at least the same level of protection against oil pollution in the event of collision or stranding and are approved in principle by the Marine Environment Protection Committee based on guidelines developed by the Organization.
ships of 75000 tons deadweight and above: 0.
ships of less than 75000 tons deadweight: 0.
vertical extent: breach of the outer hull.
with a minimum value of h = 0.
with a minimum value of w = 0.76 m.
Oil shall not be carried in any space extending forward of a collision bulkhead located in accordance with Regulation 11-1/1 I of the International Convention for the Safety of Life at Sea, 1974, as amended. An oil tanker that is not required to have a collision bulkhead in accordance with that Regulation shall not carry oil in any space extending forward of the transverse plane perpendicular to the centreline that is located as if it were a collision bulkhead located in accordance with that Regulation.
In approving the design and construction of oil tankers to be built in accordance with the provisions of this Regulation, Administrations shall have due regard to the general safety aspects including the need for the maintenance and inspection of wing and double bottom tanks or spaces.
not apply to oil tankers covered by subparagraph (a) which comply with Regulation 13F(3)(a) and (b), (4) or (5) of this Annex, except that the requirement for minimum distances between cargo tank boundaries and the ship's side and bottom plating need not be met in all respects. In that event, the side protection distances shall not be less than those specified in the International Bulk Chemical Code for type 2 cargo tank location and the bottom protection shall comply with Regulation 13E(4)(b) of this Annex.
The requirements of this Regulation shall take effect as from 6 July 1995.
An oil tanker to which this Regulation applies shall be subject to an enhanced programme of inspections during periodical, intermediate and annual surveys, the scope and frequency of which shall at least comply with the guidelines developed by the Organization.
An oil tanker over five years of age to which this Regulation applies shall have on board, available to the competent authority of any Government of a State Party to the present Convention, a complete file of the survey reports, including the results of all scantling measurement required, as well as the statement of structural work carried out.
The file referred to in subparagraph (b) shall be accompanied by a condition evaluation report, containing conclusions on the structural condition of the ship and its residual scantlings, endorsed to indicate that it has been accepted by or on behalf of the flag Administration. This file an condition evaluation report shall be prepared in a standard format as contained in the guidelines developed by the Organization.
An oil tanker not meeting the requirements of a new oil tanker as defined in Regulation 1(26) of this Annex shall comply with the requirements of Regulation 13F of this Annex not later than 25 years after its date of delivery, unless wing tanks or double bottom spaces, not used for the carriage of oil and meeting the width and height requirements o Regulation 13E(4), cover at least 30% of Lt for the full depth of the ship on each side or at least 30% of the projected bottom shell area PA, within the length L, where L, and the projected bottom shell area EPA, are as defined in Regulation 13E(2), in which case compliance with Regulation 13F is required not later than 30 years after its date of delivery?
An oil tanker meeting the requirements of a new oil tanker as defined in Regulation 1(26) of this Annex shall comply with the requirements of Regulation 13F of this Annex not later than 30 years after its date of delivery.
Any new ballast and load conditions resulting from the application of paragraph (4) of this Regulation shall be subject to approval of the Administration which shall have regard, in particular, to longitudinal and local strength, intact stability and, if applicable, damage stability.
Other structural or operational arrangements such as hydrostatically balanced loading may be accepted as alternatives to the requirements prescribed in paragraph (4), provided that such alternatives ensure at least the same level of protection against oil pollution in the event of collision or stranding and are approved by the Administration based on guidelines developed by the Organization.
(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.* 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 of discharge of oil exceeds that permitted by Regulation 9(1)(a) of this Annex.
Reference is made to the Recommendation on International Performance Specifications for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization by resolution A.233(VII).
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 as soon as possible. The port State authority may allow the tanker with a defective unit to undertake one ballast voyage before proceeding to a repair port. The oil discharge monitoring and control system shall be designed and installed in compliance with the Revised Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers developed by the Organization.* Administrations may accept such specific arrangements as detailed in the Guidelines and Specifications.
Any ship of 400 tons gross tonnage and above but less than 10000 tons gross tonnage shall be fitted with oil filtering equipment complying with paragraph (4) 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.
Any ship of 10000 tons gross tonnage and above shall be provided with oil filtering equipment, and with arrangements for an alarm and for automatically stopping any discharge of oily mixture when the oil content in the effluent exceeds 15 parts per million.
the quantity, time, and port of the discharge are recorded in the Oil Record Book.
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.
Oil filtering equipment referred to in paragraph (1) of this Regulation 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 system has an oil content not exceeding 15 parts per million.
Reference is made to the Revised Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers adopted by the Organization by resolution A.496(XII) A.586(14). considering the design of such equipment, the Administration shall have regard to the specifications recommended by the Organization*.
Oil filtering equipment referred to in paragraph (2) of this Regulation shall be of a design approved by the Administration and shall be such as will ensure that any oil mixture discharged into the sea after passing through the system or systems has an oil content not exceeding 15 parts per million. It shall be provided with alarm arrangements to indicate when this level cannot be maintained. The system shall also be provided with arrangements such as will ensure that any discharge of oil mixtures is automatically stopped when the oil content of the effluent exceeds 15 parts per million. In considering the design of such equipment, the Administration shall have regard to the specification recommended by the Organization*.
For ships delivered before 6 July 1993 the requirements of this Regulation shall apply from 6 July 1998 provided that these ships can operate with oily-water separating equipment (100 ppm equipment).
"(3) Piping to and from sludge tanks shall have no direct connection overboard, other than the standard discharge connection referred to in Regulation 19.".
"(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."
by the deletion of subparagraph (d).
(0.5 bi/B + 0.
but not to exceed 0.
where a centreline longitudinal bulkhead is provided inside the cargo tanks: (0.25 bi/B + 0.
for wing cargo tanks: 0.
where no centreline longitudinal bulkhead is provided: (0.5 bi/B + 0.
where a centreline longitudinal bulkhead is provided: (0.25 bi/B + 0.
bi is the minimum distance from the ship's side to the outer longitudinal bulkhead of the tank in question measured inboard at right angles to the centreline at the level corresponding to the assigned summer freeboard.
Reference is made to the Recommendation on International Performance and Test Specifications for Oily-Water Separating Equipment and Oil Content Meter adopted by the Organization by resolution A.393 (X).
Every oil tanker of 150 tons gross tonnage and above and every ship other than an oil tanker of 400 tons gross tonnage and above shall carry on board a shipboard oil pollution emergency plan approved by the Administration. In the case of ships built before 4 April 1993 this requirement shall apply 24 months after that date.
Organization and written in the working language of the master and officers.
the procedures and point of contact on the ship for coordinating shipboard action with national and local authorities in combating the pollution.
Reference is made to 'Guidelines for the development of shipboard oil pollution emergency plans' to be developed by the Organization.
Reference is made to General Principles for Ship Reporting Systems and Ship Reporting Requirements, including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, adopted by the Organization by resolution A.648(16).
The list of oil-like noxious substances permitted for carriage, signed, dated and certified by a seal or a stamp of the issuing authority shall be attached.
(6) 'Noxious liquid substance' means any substance designated referred to in Appendix 11 to this Annex or provisionally assessed under the provisions of Regulation 3(4) as failing into Category A, B, C or D.
'Special area' means a sea area where for recognised technical reasons in relation to its oceanographic and ecological condition and to its peculiar transportation traffic the adoption of special mandatory methods for the prevention of sea pollution by noxious liquid substances is required.
The Antarctic area.
"(9A) 'Antarctic area' means the sea area south of latitude 60 de grees S.".
(7) (a) Where an amendment to this Annex and to the International Bulk Chemical Code and the Bulk Chemical Code involves changes to the structure or equipment and fittings due to the upgrading of the requirements for the carriage of certain substances, the Administration may modify or delay for a specified period the application of such an amendment to ships constructed before the date of entry into force of that amendment, if the immediate application of such an amendment is considered unreasonable or impracticable. Such relaxation shall be determined with respect to each substance, having regard to the guidelines developed by the Organization.
The Administration allowing a relaxation of the application of an amendment under this paragraph shall submit to the Organization a report giving details of the ship or ships concerned, the cargoes carried, the trade in which each ship is engaged and the justification for the relaxation, for circulation to the Parties to the Convention for their information and appropriate action, if any.
"(3) Noxious liquid substances carried in bulk which are at present categorized as Category A, B, C or D and subject to the provisions of this Annex are referred to in Appendix II to this Annex.".
(1) The substances listed referred to in Appendix III to this Annex have been evaluated and found to fall outside the Categories Category A, B, C and or D, as defined in Regulation 3(1) of this Annex because they are presently at present considered to present no harm to human health, marine resources, amenities or other legitimate uses of the sea, when discharged into the sea from tank cleaning or deballasting operations operation.
The discharge of bilge or ballast water or other residues or mixtures containing only substances listed referred to in Appendix III to this Annex shall not be subject to any requirement of this Annex.
"The discharge into the sea of substances in Category A as defined in Regulation 3(1)(a) of this Annex or of those provisionally assessed as such or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility until the concentration of the substances in the effluent to such facility is at or below the residual concentration prescribed for that substance in column III of Appendix 11 to this Annex 0.1 % by weight and until the tank is empty, with the exception of Phosphorus, yellow or white for which the residual concentration shall be at 0.01% by weight.
Reference is made to Guidelines for the Application of Amendments to the List of Substances in Annex 11 of MARPOL 73/78 and the IBC Code with respect to Pollution Hazards approved by the Marine Environment Protection Committee of the Organization and issued under cover MEPC/Circ.266.
"The discharge into the sea of substances of Category A as defined in Regulation 3(1)(a) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility which the States bordering the Special area shall provide in accordance with Regulation 7 of this Annex, until the concentration of the substances in the effluent to such facility is at or below the residual concentration prescribed for that substance in column TV of Appendix II to this Annex 0.05% by weight and until the tank is empty , with the exception of Phosphorus, yellow or white for which the residual concentration shall be 0.005% by weight.
"(14) In respect of the Antarctic area any discharge into the sea of noxious liquid substances or mixtures containing such substances shall be prohibited.".
"(3) If the tank is to be washed in accordance with subparagraph paragraph (2)(a), the effluent from the tank washing operation shall be discharged to a reception facility at least until the concentration of the substance in the discharge, as indicated by analyses of samples of the effluent taken by a surveyor, has fallen to the residual concentration specified for that substance in Appendix II Regulation 5(1) and (7), as applicable, of this Annex. When the required residual concentration has been achieved, remaining tank washings shall continue to be discharged to the reception facility until the tank is empty. Appropriate entries of these operations shall be made in the Cargo Record Book and endorsed by the surveyor referred to under paragraph (1)(a) of this Regulation.".
Regulation 14 of Annex II to the Convention is hereby amended by the substitution in the words preceding subparagraph (a) for the words "designated in Appendix II" of the words "referred to in Appendix II".
A ship when in a port of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by noxious liquid substances.
In the circumstances given in paragraph (1) of this Regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
Noxious liquid substances carried in bulk and which are at present categorized as Category A, B, C or D and subject to the provisions of this Annex, are so indicated in the pollution category column of Chapters 17 and 18 of the International Bulk Chemical Code.
Liquid substances carried in bulk which are identified as falling outside Category A, B, C or D and not subject to the provisions of this Annex are indicated as 'III' in the pollution category column of Chapters 17 and 18 of the International Bulk Chemical Code.
Unless expressly provided otherwise, the regulations of this Annex apply to all ships carrying harmful substances in packaged form.
International Maritime Dangerous Goods (IMDG) Code.
1.2 Guidelines for the identification of harmful substances in packaged form are given in the Appendix to this Annex.
The carriage of harmful substances is prohibited, except in accordance with the provisions of this Annex.
To supplement the provisions of this Annex, the Government of each Party to the Convention shall issue, or cause to be issued, detailed requirements on packing, marking, labelling, documentation, stowage, quantity limitations and exceptions for preventing or minimizing pollution of the marine environment by harmful substances.
For the purposes of this Annex, empty packagings which have been used previously for the carriage of harmful substances shall themselves be treated as harmful substances unless adequate precautions have been taken to ensure that they contain no residue that is harmful to the marine environment.
The requirements of this Annex do not apply to ships' stores and equipment.
Packages shall be adequate to minimize the hazard to the marine environment, having regard to their specific contents.
Packages containing a harmful substance shall be durably marked with the correct technical name (trade names alone shall not be used) and, further, shall be durably marked or labelled to indicate that the substance is a marine pollutant. Such identification shall be supplemented where possible by any other means, for example, by use of the relevant United Nations number.
The method of marking the correct technical name and of affixing labels on packages containing a harmful substance shall be such that this information will still be identifiable on packages surviving at least three months' immersion in the sea. In considering suitable marking and labelling, account shall be taken of the durability of the materials used and of the surface of the package. 3. Packages containing small quantities of harmful substances may be exempted from the marking requirements.
Reference is made to the International Maritime Dangerous Goods (IMDG) Code adopted by the Organization by resolution A.716(17) as it has been or may be amended by the Maritime Safety Committee.
In all documents relating to the carriage of harmful substances by sea where such substances are named, the correct technical name of each such substance shall be used (trade names alone shall not be used) and the substance further identified by the addition of the words 'MARINE POLLUTANT'.
The shipping documents supplied by the shipper shall include, or be accompanied by, a signed certificate or declaration that the shipment offered for carriage is properly packaged and marked, labelled or placarded as appropriate and in proper condition for carriage to minimize the hazard to the marine environment.
Each ship carrying harmful substances shall have a special list or manifest setting forth the harmful substances on board and the location thereof. A detailed stowage plan which sets out the location of the harmful substances on board may be used in place of such special list or manifest. Copies of such documents shall also be retained on shore by the owner of the ship or his or her representative until the harmful substances are unloaded. A copy of one of these documents shall be made available before departure to the person or organization designated by the port State authority.
When the ship carries a special list or manifest or a detailed stowage plan, required for the carriage of dangerous goods by the Interna- tional Convention for the Safety of Life at Sea, 1974, as amended, the documents required by this Regulation may be combined with those for dangerous goods. Where documents are combined, a clear distinction shall be made between dangerous goods and harmful substances covered by this Annex.
Harmful substances shall be properly stowed and secured so as to minimize the hazards to the marine environment without impairing the safety of the ship and persons on board.
Reference is made to the specific exemptions provided for in the International Maritime Dangerous Goods (IMDG) Code.
Reference to 'documents' in this Regulation does not preclude the use of electronic data processing (EDP) and electronic data interchange (EDI) transmission techniques as an aid to paper documentation.
Certain harmful substances may, for sound scientific and technical reasons, need to be prohibited for carriage or be limited as to the quantity which may be carried aboard any one ship. In limiting the quantity, due consideration shall be given to size, construction and equipment of the ship, as well as the packaging and the inherent nature of the substances.
Jettisoning of harmful substances carried in packaged form shall be prohibited, except where necessary for the purpose of securing the safety of the ship or saving life at sea.
Subject to the provisions of the present Convention, appropriate measures based on the physical, chemical and biological properties of harmful substances shall be taken to regulate the washing of leakages overboard, provided that compliance with such measures does not impair the safety of the ship and persons on board.
A ship when in a port of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by harmful substances.
In the circumstances given in paragraph 1 of this Regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
Procedures relating to the port State control prescribed in Article 5 of the present Convention shall apply to this Regulation.
Nothing in this Regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.
Reference is made to the Composite List of Hazard Profiles, prepared by the IMO/FAO/UNESCO/ WMO/ WHO/IAEA/UN/UNEP Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP), which is circulated annually by the Organization by means of BCH circulars to all IMO Member States.
Hazard Rating '4' in column B*.
the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57 degrees 44.
the English Channel and its approaches eastwards of longitude 5 degrees W and northward of latitude 48 degrees 30'N.
The Wider Caribbean Region, as defined in Article 2, paragraph I of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena de Indias, 1983), means the Gulf of Mexico and the Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by the 30 degrees N parallel from Florida eastward to 77 degrees 30 degrees W meridian, thence a rhumb line to the intersection of 20 degrees N parallel and 59 degrees W meridian, thence a thumb line to the intersection of 7 degrees 20'N parallel and 50 degrees W meridian. thence a rhumb line drawn south-westerly to the eastern boundary of French Guiana.
"(b) disposal into the sea of food wastes shall except as provided in subparagraph (c) be made as far as practicable from land, but in any case not less than 12 nautical miles from the nearest land."
"(c) disposal into the Wider Caribbean Region of food wastes which have been passed through a comminuter or grinder shall be made as far as practicable from land, but in any case not subject to Regulation 4 not less than 3 nautical miles from the nearest land. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 millimetres."
The concentration of a substance which will, within the specified time (generally 96 hours), kill 50% of the exposed group of test organisms. LC 50 is often specified in mg/l (parts per million (ppm)).
The Government of each Party to the Convention whose ports are used by ships departing en route to or arriving from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all garbage from all ships, without causing undue delay, and according to the needs of the ships using them.
The Government of each Party to the Convention shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, have sufficient capacity on board for the retention of all garbage while operating in the area and that agreements have been concluded to discharge such garbage at a reception facility after leaving the area.
"(c) the accidental loss of synthetic fishing nets or synthetic material incidental to the repair of such nets, provided that all reasonable precautions have been taken to prevent such loss.".
A ship when in a port of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by garbage.