Regulations, 2003

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,352, 4 ta’ Frar, 2003

L.N. 58 of 2003

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Prevention of Pollution from Ships)

Regulations, 2003

IN exercise of the powers conferred by articles 281, 308A and 374

of the Merchant Shipping Act, the Minister for Transport and

Communications has made the following regulations>-

The title of these regulations is the Merchant Shipping Short title.

(Prevention of Pollution from Ships) Regulations, 2003.

(1)

In these regulations, unless the context otherwise Interpretation.

requires -

“Act” means the Merchant Shipping Act<

“Annex I” means Annex I to the MARPOL Convention

including appendices thereto<

“Annex II” means Annex II to the MARPOL Convention

including appendices thereto<

“appropriate inspector” shall have the same meaning as is

assigned to it in article 154 of the Act<

“Maltese waters” shall have the same meaning as is assigned Cap. 226.

to it in the Territorial Waters and Contiguous Zone Act<

“MARPOL Convention” means the International Convention

for the Prevention of Pollution from Ships, signed in London on

2nd November, 1973 as modified by the Protocol of 1978 relating

thereto signed in London on 17th February, 1978<

“Protocol I” means Protocol I to the MARPOL Convention.

(2)

Any reference in these regulations, but in particular

in subregulation 4(1) hereof, to a convention, protocol or annex shall

include reference to any amendment to such convention, protocol or

annex as from time to time may be ratified, acceded to or accepted by

the Government of Malta, and where the context allows, it shall include

also reference to any other instruments, standards and specifications of

a mandatory nature related thereto as may from time to time be adopted

or developed by the International Maritime Organisation or in terms of

regulation 4(2)(a) hereof.

(3)

Unless otherwise defined in these regulations or unless

the context otherwise requires, words and expressions used in these

regulations shall have the same meaning assigned to them in the

MARPOL Convention or in Protocol I, or in Annex I or in Annex II, as

the case may be.

(4)

The terms “Administration” and “the competent

authority of the Government of a Party” as used in Annex I or in Annex

II shall, with reference to Malta, and where the context so requires, for

the purposes of these regulations, mean the Registrar-General.

(5)

In Annex I or in Annex II, any reference to “nominated

surveyor”, “persons or organisations duly authorized by the

Administration” or “recognized organization” shall, for the purposes

of these regulations, with reference to Malta and where the context so

requires, be construed as reference to a surveyor of ships or an

organisation or body of surveyors appointed in terms of article 367 of

the Act, and duly authorized by the Registrar-General.

These regulations shall apply to all Maltese ships and,

notwithstanding the provisions of Article 3(1) of the MARPOL

Convention but subject to the provisions of Article 3(3) of the said

convention, to all other ships while they are in Maltese waters as

determined by Annex I and Annex II.

(1) Protocol I and Annex I, except for regulations 10(7)

and 12, and Annex II, except for regulation 7, as may from time to time

be in force, shall, unless otherwise provided in or in terms of these

regulations and notwithstanding the provision of any other law, form

part of and be enforceable as part of the Law of Malta and shall apply to

all Maltese ships and, notwithstanding the provisions of Article 3(1) of

the MARPOL Convention but subject to the provisions of Article 3(3)

of the said convention, to all other ships while they are in Maltese waters

as determined by the said Annexes, and the reference to “all ships” in

regulation 2(1) of Annex I and “all ships carrying noxious liquid

substances in bulk” in regulation 2(1) of Annex II shall be construed

accordingly.

(2)

The Registrar-General may either on a case by case

basis or through the issue of Merchant Shipping Notices -

(a)

determine, lay down, prescribe, set or specify what

may be required to be determined, laid down, prescribed, set or

specified by these regulations, by the MARPOL Convention, by

Protocol I, by Annex I or by Annex II, or expound on the

requirements of these regulations or of such Convention, Protocol,

or Annexes or clarify their applicability or interpretation< and

(b)

extend any of the provisions of the MARPOL

Convention, Protocol I, Annex I and Annex II to other classes of

Maltese ships or, to other classes of ships while they are in Maltese

waters,

and in so doing, and without prejudice to the generality of the foregoing,

the Registrar-General shall be guided by the circulars, clarifications,

codes, decisions, directives, guidelines, instruments, interpretations,

manuals, notices, publications, recommendations, regulations,

resolutions, rules or any other similar medium of the International

Maritime Organisation or any other body or organisation with an

appropriate knowledge or competence on the subject matter.

Save as provided for in these regulations, where any Provisions of rules

provisions of any rules and regulations made under the Act are and

inconsistent with

inconsistent with the provisions of the MARPOL Convention or Protocol the MARPOL

Convention or

I or Annex I or Annex II, the provisions of that Convention, Protocol Protocol I or Annex

and Annexes shall, unless specifically provided for in such rules or I or Annex II.

regulations, apply.

(1) It shall be the duty of the owner, of the company which Duty to ensure

compliance.

has assumed the operation of the ship and of the master to ensure that

the ship is in compliance with the provisions of these regulations and

the applicable requirements of the MARPOL Convention, Protocol I,

Annex I and Annex II and such person shall, on conviction, be liable to

a fine (multa) as provided for in regulation 12 hereof for each offence.

(2)

It shall be the duty of any person -

(a)

to whom a direction is given in pursuance of

these regulations, the MARPOL Convention, Protocol I, Annex I

or Annex II, or

(b)

upon whom an obligation is imposed by these

regulations, by the MARPOL Convention, Protocol I, Annex I or

Annex II,

to comply or ensure compliance with the provisions of these regulations

and the applicable requirements of the MARPOL Convention, Protocol

I, Annex I and Annex II and such person shall, on conviction, be liable

to a fine (multa) as provided for in regulation 12 hereof for each offence.

(1) The Registrar-General, or an appropriate inspector,

may inspect any ship to which these regulations apply and if satisfied

that the ship is not in compliance with the provisions of these regulations

and the applicable requirements of the MARPOL Convention or Protocol

I or Annex I or Annex II, the Registrar-General shall take such steps as

are considered necessary to ensure that the ship shall not sail until it can

proceed to sea without presenting an unreasonable threat of harm to the

marine environment and any expenses incurred therefore shall be a

charge on the ship, so however that the ship shall not be unduly detained

or delayed>

Provided that the Registrar-General may permit the ship to proceed

to sea for the purpose of proceeding to the nearest appropriate repair

yard available>

Provided further that, in the case of a non-Maltese ship, such

inspection shall be limited to verifying that there is on board in relation

to such ship a valid International Oil Pollution Prevention Certificate in

the form prescribed by Annex I and an International Pollution Prevention

Certificate for the Carriage of Noxious Liquid Substances in Bulk in

the form prescribed by Annex II, as the case may be, 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.

(2)

In the case of a non-Maltese ship, if the Registrar-

General takes such steps as specified in subregulation (1) hereof, the

Registrar-General shall forthwith notify the maritime Administration

and the nearest maritime, consular or diplomatic representative of the

flag State of the ship.

(3)

Upon receiving evidence that a ship to which these

regulations apply has discharged oil or an oily mixture or noxious liquid

substances or unassessed liquid substances carried in bulk or a mixture

containing such substances in violation of the provisions of these

regulations and of the MARPOL Convention or Annex I or Annex II,

the Registrar-General shall investigate the matter and may inspect the

ship or cause the ship to be inspected by an appropriate inspector or by

any other person duly authorised by the Registrar-General, and shall

inform the State which has reported the alleged violation as well as the

International Maritime Organization of the action taken>

Provided that, if the investigation establishes a violation of these

regulations or of the MARPOL Convention or Annex I or Annex II, the

owner or the company which has assumed the operation of the ship and

the master or any other officer or member of the crew of the ship shall,

on conviction, be liable to a fine (multa) as provided for in regulation

12 hereof>

Provided further that, in the case of a non-Maltese ship, if the

investigation indicates a violation of these regulations or of the

MARPOL Convention or Annex I or Annex II, the Registrar-General

shall provide the flag State of the ship with the report of such

investigation and with evidence, if any, of such violation.

(4)

For the purposes of this regulation, the provisions of

article 154(2) and (3) of the Act shall apply mutatis mutandis to the

Registrar-General and to appropriate inspectors.

Fraud, misuse of

If any person-

certificates, etc.

(a)

intentionally alters a certificate issued for the purposes

of the MARPOL Convention or Annex I or Annex II<

(b)

falsely makes a certificate referred to in the MARPOL

Convention or Annex I or Annex II<

(c)

in connection with any survey required by the

MARPOL Convention or Annex I or Annex II knowingly or

recklessly furnishes false information<

(d)

with intent to deceive, use, lend, or allow to be used

by another, a certificate referred to in the MARPOL Convention

or Annex I or Annex II<

(e)

fails to surrender a certificate to be surrendered for

the purposes of the MARPOL Convention or Annex I or Annex II,

such person shall, on conviction, be liable to a fine (multa) as provided

for in regulation 12 hereof for each offence.

(1) No Maltese oil tanker of 150 gross tonnage and above Prohibition of

proceeding to sea

and any other ship of 400 gross tonnage and above shall proceed or without appropriate

attempt to proceed to sea on an international voyage unless there is in certificate.

force in respect of the ship an International Oil Pollution Prevention

Certificate.

(2)

No Maltese ship carrying in bulk noxious liquid

substances or unassessed liquid substances shall proceed to sea or attempt

to proceed to sea on an international voyage unless there is in force in

respect of the ship the relevant certificate referred to in regulations 11

and 12A of Annex II as appropriate.

(3)

No oil tanker of 150 gross tonnage and above and

any other ship of 400 gross tonnage and above shall proceed to sea or

attempt to proceed to sea on an international voyage from Maltese waters

unless there is in force in respect of the ship an International Oil Pollution

Prevention Certificate.

(4)

No ship carrying in bulk noxious liquid substances or

unassessed liquid substances shall proceed to sea or attempt to proceed

to sea on an international voyage from Maltese waters unless there is in

force in respect of the ship the relevant certificate referred to in

regulations 11 and 12A of Annex II as appropriate.

(5)

If a ship proceeds to sea or attempts to proceed to sea

on an international voyage, in contravention of subregulations (1), (2),

(3) and (4) hereof, the master of the ship shall be liable to a fine (multa)

as provided for in regulation 12 hereof.

(6)

The master of every ship to which the provisions of

subregulations (3) and (4) hereof apply, shall produce to the officer

from whom a clearance for the ship is demanded, at the time a clearance

for the ship is demanded for a voyage from Malta to a port or place

outside Maltese waters, the certificates referred to in the said

subregulations to be in force when the ship proceeds to sea on an

international voyage, and a clearance shall not be granted, and the ship

may be detained, until the said certificate or certificates are so produced.

(7)

Where an exemption certificate issued for the purposes

of the MARPOL Convention or Annex I or Annex II in respect of a

ship specifies any conditions on which the certificate is issued and any

of those conditions is not complied with, such person shall, on

conviction, be liable to a fine (multa) as provided for in regulation 12

hereof.

In the event of an incident referred to in Protocol I, in the

case of a Maltese ship, the same report required by that Protocol to be

made to the coastal State shall also be made to the Registrar-General.

Casualties to ships.

If a casualty occurs to -

(a)

a Maltese ship wherever it may be< or

(b)

any ship and such casualty has occurred on the coasts

of Malta, including any port installation or ship repair facility, or

at sea within Maltese waters,

and such casualty produces a major deleterious effect upon the marine

environment, a shipping casualty shall be deemed to have occurred for

the purposes of article 312 of the Act, and the provisions of articles 313

to 317 (both inclusive) of the Act shall apply mutatis mutandis.

If the owner, the company which has assumed the operation Penalties.

of the ship, the master of the ship or any other person contravenes the

provisions of these regulations, such person shall, on conviction, be

liable to a fine (multa) as specified hereunder -

(a)

where there is a contravention of subregulation 6(1)

hereof, a fine (multa) not exceeding five hundred units<

(b)

where there is a contravention of subregulation 6(2)

hereof, a fine (multa) not exceeding five hundred units<

(c)

where there is a contravention of subregulation 7(3)

hereof, a fine (multa) not exceeding ten thousand units<

(d)

where there is a contravention of subregulation 8

hereof, a fine (multa) not exceeding five hundred units<

(e)

where there is a contravention of subregulation 9(5)

hereof, a fine (multa) not exceeding five hundred units<

(f)

where there is a contravention of subregulation 9(7)

hereof, a fine (multa) not exceeding five hundred units<

(g)

where there is a contravention of regulation 10 hereof,

a fine (multa) not exceeding five hundred units.

Mitbug[ fl-Istamperija tal-Gvern – Printed at the Government Printing Press