Regulations, 2011

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,747, 6 ta’ Mejju, 2011

L.N. 176 of 2011

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Prevention of Pollution by Sewage)

Regulations, 2011

IN exercise of the powers conferred by articles 308A and

374 of the Merchant Shipping Act, the Minister for Infrastructure,

Transport and Communications has made the following

regulations: -

(1) The title of these regulations is the Merchant

Shipping (Prevention of Pollution by Sewage) Regulations, 2011.

(2) These regulations shall come into force on the 30

June, 2011.

(1)

In these regulations, unless the context otherwise

requires –

“the Act” means the Merchant Shipping Act;

“Maltese ship” has the same meaning as is assigned to

it in article 3(1) of the Merchant Shipping Act;

“MARPOL 73/78” means the “International Convention

for the Prevention of Pollution from Ships” signed in London

on the 2nd November, 1973, including its Protocol of 1978

and any other amendment or Protocol related thereto, as may

from time to time be ratified, acceded to or accepted by the

Government of Malta and other instruments, standards and

specifications of a mandatory nature related thereto adopted

or developed by the International Maritime Organisation or

determined, laid down, prescribed, set or specified by the

Registrar-General in terms of these regulations;

“Annex IV” means “Annex IV of MARPOL 73/78

Regulations for the Prevention of Pollution by Sewage from

Ships” including any other amendment related thereto, as may

from time to time be ratified, acceded to or accepted by the

Government of Malta and other instruments, standards and

specifications of a mandatory nature related thereto, adopted

or developed by the International Maritime Organisation or

determined, laid down, prescribed, set or specified by the

Registrar-General in terms of these regulations or of Annex

“mile” means an international nautical mile that is to say

a distance of 1852 metres;

“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 these regulations “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’ S, longitude 142°08’ E

To a point in latitude 10°35’ S, longitude 141°55’ E

Thence to a point latitude 10°00’ S, longitude 142°00’ E

Thence to a point latitude 9°10’ S, longitude 143°52’ E

Thence to a point latitude 9°00’ S, longitude 144°30’ E

Thence to a point latitude 10°41’ S, longitude 145°00’ E

Thence to a point latitude 13°00’ S, longitude 145°00’ E

Thence to a point latitude 15°00’ S, longitude 146°00’ E

Thence to a point latitude 17°30’ S, longitude 147°00’ E

Thence to a point latitude 21°00’ S, longitude 152°55’ E

Thence to a point latitude 24°30’ S, longitude 154°00’ E

Thence to a point on the coast of Australia in latitude

24°42’ S, longitude 153°15’ E;

“sewage” means

(a) drainage and other wastes from any form of

toilets and urinals;

(b) drainage from medical premises (such as

dispensary, sick bay) via wash basins, wash tubs and

scuppers located in such premises;

(c) drainage from spaces containing living

animals; or

(d) other wastewaters when mixed with the

drainages defined above.

(2) Any reference in these regulations, 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.

(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 IV as the

case may be.

(4) The term ‘‘Administration’’ as used in Annex IV

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

for the purposes of these regulations, mean the Registrar General

of Shipping and Seamen.

These regulations apply to Maltese ships wherever they

may be and to other ships while they are in Malta provided they

are

(a) ships of 400 gross tonnage and above, or

(b) ships of less than 400 gross tonnage which are

certified to carry more than 15 persons.

(1) Every ship which, in accordance with regulation 3,

is required to comply with these regulations shall be equipped with

a sewage system in accordance with the requirements of Annex IV.

(2) Every ship which, in accordance with regulation 3,

is required to comply with these regulations shall be provided with

a pipeline and the relevant shore connection flange for discharging

sewage to port sewage treatment facility in accordance with the

requirements of Annex IV.

(1) The discharge of sewage into the sea is prohibited,

except when

(a) the ship is discharging comminuted and disinfected

sewage using a system, in accordance with regulation 4(1),

hereof, at a distance of more than 3 nautical miles from the

nearest land, or

(b) the ship is discharging sewage which is not

comminuted or disinfected at a distance of more than 12

nautical miles from the nearest land

Provided that in any case, the sewage that has

been stored in holding tanks shall not be discharged

instantaneously but at a moderate rate when the ship is

en route and proceeding at not less than 4 knots, or

(c) the ship has in operation a sewage treatment plant

approved by the Administration

Provided that the test results of the plant are laid

down in the ship’s International Sewage Pollution

Prevention Certificate and, additionally, the effluent

shall not produce visible floating solids nor cause

discoloration of the surrounding water.

(2) When the sewage is mixed with wastes or

waste water covered by other Annexes of MARPOL 73/78, the

requirements of those Annexes shall be complied with in addition

to the requirements of Annex IV.

Regulation 5 hereof, shall not apply to

(a) the discharge of sewage from a ship necessary

for the purpose of securing the safety of a ship and those on

board or saving life at sea; or

(b) the discharge of sewage resulting from damage to a

ship or its equipment if all reasonable precautions have been

taken before and after the occurrence of the damage, for the

purpose of preventing and minimising the discharge.

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 or by Annex IV, or expound

on the requirements of these regulations or Annex IV or

clarify their applicability or interpretation; and

(b) extend any of the provisions of Annex IV 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.

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

which has assumed the operation of the ship and of the master to compliance.

ensure that the ship is in compliance with the provisions of these

regulations and the applicable requirements of Annex IV 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 or Annex IV, or

(b) upon whom an obligation is imposed by these

regulations or by Annex IV, or

(c) whom is obliged to comply or ensure compliance

with the provisions of these regulations and the applicable

requirements of Annex IV

to ensure fulfillment of any such obligation or duty and in default

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 Annex IV, the

Registrar-General shall take such steps as are deemed necessary

to ensure that the ship does not sail until it can proceed to sea

without presenting an unreasonable threat of harm to the marine

environment and any expenses incurred shall be a charge on the

ship, so 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 Sewage Pollution

Prevention Certificate in the form prescribed by Annex IV, unless

there are clear grounds for believing that the condition of the

ship or its equipment do 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 sewage or a mixture containing

such substances in violation of the provisions of these regulations

and of Annex IV, 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 corroborates the alleged

violation of these regulations or Annex IV, 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 Annex IV,

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.

If any person -

(a) intentionally alters a certificate issued for the

purposes of these regulations or of Annex IV;

(b) falsely makes a certificate referred to in these

regulations or Annex IV;

(c) in connection with any survey required by these

regulations or Annex IV knowingly or recklessly furnish false

information;

(d) with intent to deceive, use, lend, or allow to be

used by another, a certificate referred to in these regulations

or Annex IV;

(e) fails to surrender a certificate to be surrendered for

the purposes of these regulations of Annex IV,

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

provided for in regulation 12 hereof for each offence.

(1) No Maltese ship, to which these regulations apply,

shall proceed or attempt to proceed to sea on an international

voyage unless in possession of a valid International Sewage

Pollution Prevention Certificate.

(2) No ship, to which these regulations apply, shall

proceed or attempt to proceed to sea on an international voyage

from Maltese waters unless in possession of a valid International

Sewage Pollution Prevention Certificate in respect of such ship.

(3) If a ship proceeds or attempts to proceed to sea

on an international voyage, in contravention of the provisions

contained in subregulations (1) and (2) hereof, the master of the

ship shall be liable to a fine (multa) as provided for in regulation

12 hereof.

(4) The master of every ship to which the provisions

of subregulation (2) 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, valid certificates referred to in the

said subregulation at the time when the ship proceeds to sea on an

international voyage, and such clearance shall not be granted, and

the ship may be detained, until the said certificate or certificates are

so produced.

(5) Where an exemption certificate issued for the

purposes of Annex IV in respect of a ship specifies any conditions

on which the certificate is issued and any of those conditions are

not complied with, such person shall, on conviction, be liable to a

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

If the owner, the company which has assumed the

operation 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 regulation 8(1)

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

(b) where there is a contravention of regulation 8(2)

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

(c) where there is a contravention of regulation 9(3)

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

(d) where there is a contravention of regulation 10

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

(e) where there is a contravention of regulation 11(3)

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

(f) where there is a contravention of regulation 11(5)

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

€0.36