What is the governing legislation?

Singapore has acceded to all six (6) Annexes of MARPOL which is principally governed by the Prevention of Pollution of the Sea Act (Cap. 243) along with the more specific subsidiary legislation:

  1. Prevention of Pollution of the Sea (Reporting of Pollution Incidents) Regulations
  2. Prevention of Pollution of the Sea (Reception facilities and garbage facilities) Regulations
  3. Prevention of Pollution of the Sea (Oil Pollution Preparedness, Response and Co-operation) Regulations
  4. Prevention of Pollution of the Sea (Composition of Offences) Regulations
  5. Prevention of Pollution of the Sea (Garbage) Regulations
  6. Prevention of Pollution of the Sea (Hazardous and Noxious Substances Pollution Preparedness, Response and Co-operation) Regulations 2004
  7. Prevention of Pollution of the Sea (Air) Regulations 2005
  8. Prevention of Pollution of the Sea (Sewage) Regulations 2005
  9. Prevention of Pollution of the Sea (Oil) Regulations 2006
  10. Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations 2006

What are the requirements?

Pollution by Oil

The primary legislation is the Prevention of Pollution of the Sea (Oil) Regulations 2006 read with the Prevention of Pollution of the Sea (Reception Facilities and Garbage Facilities Regulations) which gives effect to Annex I of MARPOL with the exception of Regulation 38. Therefore, the entire Annex I of MARPOL has legal effect in Singapore with the specific carve out that the Maritime Port Authority (“MPA”) do not undertake to ensure that the facilities for the reception of oily residues and oil mixtures are adequate to meet the needs of ships without causing undue delay.

Pollution by Noxious Liquid Substances carried in Bulk

The primary legislation is the Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations 2006 read with the Prevention of Pollution of the Sea (Reception Facilities and Garbage Facilities Regulations) which gives effect to Annex II of MARPOL.

Pollution by Harmful Substances carried in Packaged Form

The primary legislation is the Merchant Shipping (Safety Convention Regulations) which gives effect to the International Convention for the Safety of Life at Sea 1974. Dangerous goods are defined as per the International Maritime Dangerous Goods (IMDG) Code adopted by the IMO.

Pollution by Ship Sewage

The primary legislation is the Prevention of Pollution of the Sea (Sewage) Regulations 2005. Ships with 400 GT and above or ships certified to carry fifteen (15) persons or more are required to be equipped with a sewage holding tank, comminuting (to break up the sewage into small pieces) and disinfecting system or treatment plant before discharging the sewage into the sea under specified conditions.

Pollution by Garbage

The primary legislation is the Pollution of the Sea (Garbage) Regulations read with the Prevention of Pollution of the Sea (Reception Facilities and Garbage Facilities Regulations)which gives effect to Annex V of MARPOL. In essence, ships with 400 GT and above or ships certified to carry fifteen (15) persons or more are required to have a garbage management plan and keep a garbage management book.

Air pollution from Ships

The primary legislation is the Prevention of Pollution of the Sea (Air) Regulations 2005 which gives effect to Annex VI of MARPOL. Under the Prevention of Pollution of the Sea (Air)(Amendment) Regulations 2010, the marine fuel sulphur limit has been reduced to 3.50% m/m outside Emission Control Areas and 1.00% m/m within Emission Control Areas.

Author: Esther Quah

 

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