MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATIONS

SUBSIDIARY LEGISLATION 234.47

MERCHANT SHIPPING (PREVENTION OF

POLLUTION BY SEWAGE) REGULATIONS

30th June, 2011

LEGAL NOTICE 176 of 2011.

The title of these regulations is the Merchant Shipping

(Prevention of Pollution Sewage) Regulations.

(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 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 IV;

''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 r eference 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 fifteen 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), at a distance of more than three 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

twelve 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 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 which

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

t hat the ship is in com pl iance wit h t he pro visi ons of th ese

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 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) who 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 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), 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 viol at ion as well as the I nternati onal Mar itim e

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

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 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), the master of the ship shall be liable

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

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

subregulation (2) 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.

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), a

fine (multa) not exceeding five hundred units;

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

fine (multa) not exceeding five hundred units;

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

fine (multa) not exceeding ten thousand units;

(d) where there is a contravention of regulation 10, a fine

(multa) not exceeding five hundred units;

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

fine (multa) not exceeding five hundred units;

(f)

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

fine (multa) not exceeding five hundred units.