OIL AND HAZARDOUS AND NOXIOUS SUBSTANCES POLLUTION PREPAREDNESS, RESPONSE AND CO- OPERATION REGULATIONS

POLLUTION PREPAREDNESS, RESPONSE

AND CO-OPERATION

SUBSIDIARY LEGISLATION 499.69

OIL AND HAZARDOUS AND NOXIOUS SUBSTANCES

POLLUTION PREPAREDNESS, RESPONSE AND CO-

OPERATION REGULATIONS

1st January, 2021

LEGAL NOTICE 450 of 2020.

(1)

The title of these regulations is the Oil and

Hazardous and Noxious Substances Pollution Preparedness, Response

and Co-operation Regulations.

(2)

The purpose of these regulations is to

(a)

establish, in accordance with the provisions of the

OPRC Convention and the OPRC-HNS Protocol, as amended

from time to time, a regulatory framework for the applicability

of the said Convention and Protocol; and

(b)

provide for the applicability of the National

Contingency Plan and for the requirement to have in place

marine pollution response emergency plans for marine

terminals, marine facilities and ports.

In these regulations, unless the context otherwise

requires

"Act" means the Authority for Transport in Malta Act;

"Authority" means the Authority for Transport in Malta

established under the Act;

"hazardous and noxious substances" shall have the same

meaning assigned to it in the OPRC-HNS Protocol;

"internal waters" shall have the same meaning assigned

to it in the Act;

"marine facility" shall have the same meaning assigned

to it in the Dangerous Cargo Ships, Marine Terminals and

Facilities and Bunkering Regulations;

"marine terminal" shall have the same meaning assigned

to it in the Dangerous Cargo Ships, Marine Terminals and

Facilities and Bunkering Regulations;

"National Competent Authority" means the national

competent authority appointed under regulation 4;

POLLUTION PREPAREDNESS, RESPONSE

AND CO-OPERATION

"National Contingency Plan" means the National Marine

Pollution Contingency Plan prepared by the Authority, as

amended from time to time;

"OPRC Convention" means the International Convention

on Oil Pollution Preparedness, Response and Co-operation

signed in London on 30 th November, 1990;

"OPRC-HNS Protocol" means the Protocol of 2000 to the

OPRC Convention relating to Pollution Incidents by Hazardous

and Noxious Substances signed in London on 15 th March, 2000;

"oil" shall have the same meaning assigned to it in the

OPRC Convention;

"pollution" means a marine pollution incident involving

oil or any other type of hazardous and noxious substance;

"pollution emergency plan" means a marine pollution

response emergency plan prepared by the Authority, marine

terminal or marine facility setting out arrangements for

responding to incidents which cause or may cause marine

pollution by oil or other hazardous and noxious substance, with

the aim to prevent such pollution or minimise its effect;

"pollution incident" means an occurrence or a series of

occurrences having the same origin, including fire or explosion,

which results or may result in a discharge, release or emission of

oil or hazardous and noxious substances and which poses or may

pose a threat to the marine environment, or to the coastline or to

the related interests, and which requires emergency action or

other immediate response;

"port" shall have the same meaning assigned to it in the

Act;

"ship" shall have the same meaning assigned to it in the

Act; and

"territorial waters" means the waters described in article

3(1) of the Territorial Waters and Contiguous Zone Act and

includes any waters enclosed between the base lines therein

mentioned and the coast.

(1)

The National Contingency Plan, as may be

amended from time to time, shall, unless otherwise provided in these

regulations and notwithstanding the provision of any other law, form

part of and be enforceable as part of the Laws of Malta.

POLLUTION PREPAREDNESS, RESPONSE

AND CO-OPERATION

(2)

The National Contingency Plan shall apply to all marine

terminals, marine facilities and to all ships whilst they are in the

internal and territorial waters of Malta.

The National Competent Authority responsible to

implement, maintain, update and enforce the National Contingency

Plan is the Authority for Transport in Malta.

The National Competent Authority shall have the power

(a)

advise, liaise and consult with marine terminals

and with marine facilities in the development, implementation,

maintenance and updating of their pollution emergency plans;

(b)

approve the pollution emergency plans of marine

terminals and marine facilities;

(c)

monitor marine terminals and marine facilities in

the effective development, implementation, update and

maintenance of their pollution emergency plans;

(d)

monitor marine terminals and marine facilities

and coordinate with them in the organisation of training and

drills in pollution emergency and response;

(e)

organise periodical national training and drills in

pollution emergency and response;

(f)

approve and coordinate training in pollution

emergency and response for the personnel of marine terminals

and marine facilities;

(g)

ensure that the plans of marine terminals and

marine facilities are consistent with and part of the National

Contingency Plan; and

(h)

publish, from time to time, additional plans that

complement with and give better effect to the National

Contingency Plan.

(1)

The Authority shall be responsible for preparing

pollution emergency plans for the ports under its jurisdiction,

administration, management and control.

(2)

The Authority shall have the emergency plans in place

within twelve months from the date of coming into force of these

regulations.

(3)

The provisions of sub-regulations (5), (6) and (9) of

POLLUTION PREPAREDNESS, RESPONSE

AND CO-OPERATION

regulation 7 shall apply, mutatis mutandis, to the Authority.

(1)

Each marine terminal and each marine facility

shall have their respective separate pollution emergency plan

Provided that, there may be joint plans between the

Authority and operators of marine terminals and operators of marine

facilities located within the same port area.

(2)

An operator of a marine terminal or of a marine facility

must

(a)

develop, implement and maintain a pollution

emergency plan;

(b)

update his pollution emergency plan; and

(c)

appoint and maintain in position a person,

responsible for the development, implementation, maintenance

and updating of the said pollution emergency plan and liaise

with the National Competent Authority in this regard, and

inform the said National Competent Authority of such

appointment and of any changes thereto

Provided that, such plans must be prepared and submitted

to the National Competent Authority within twelve months from the

date of coming into force of these regulations;

Provided further that, where a marine terminal or marine

facility comes into operation after the coming into force of these

regulations, such plans must be prepared and submitted to the National

Competent Authority at least two months before the operations and

activities are commenced.

(3)

A pollution emergency plan or amendments thereto must

be approved by the National Competent Authority before coming into

effect and implemented.

(4)

A pollution emergency plan must incorporate any

direction or guidance given by the National Competent Authority; and

shall also include all obligations under the provisions of the Dangerous

Cargo Ships, Marine Terminals and Facilities and Bunkering

Regulations with respect to pollution plans.

(5)

A pollution emergency plan shall be revised every five

years. Existing plans which are over five years old shall be revised

within three years from the date of coming into force of these

regulations and subsequently every five years.

(6)

Where any major changes occur which affect or could

POLLUTION PREPAREDNESS, RESPONSE

AND CO-OPERATION

affect the material validity or effectiveness of the pollution emergency

plan, the marine terminal operator or the marine facility operator in

question must immediately inform the National Competent Authority

and submit a new plan, or amendments to the existing plan, within

three months of becoming aware of such change. Furthermore, the

operator is solely responsible to ensure that the National Competent

Authority is immediately notified of any changes in the names and

contact numbers of any of the key persons identified in the pollution

emergency plan.

(7)

Where the National Competent Authority considers that

a pollution emergency plan or any amendments thereto are not

(a)

compatible with the National Contingency Plan in

force; or

(b)

appropriate for dealing with pollution incidents

which may occur in the area in which the marine terminal or

marine facility operates, has jurisdiction or exercises

responsibility;

the National Competent Authority may, after

consultation with the marine terminal or the marine facility

concerned, order that such plan is amended accordingly, as may be

necessary. The operator of such marine terminal or marine facility

shall have the duty to amend the pollution emergency plan in

accordance with the directions given to him.

(8)

It shall be the duty of every marine terminal operator and

marine facility operator to implement its approved pollution

emergency plan in the event of a pollution incident.

(9)

A marine terminal operator and a marine facility operator

must

(a)

establish and have in place a minimum level of

first-aid pollution response equipment corresponding with the

risks involved as identified through a risk assessment;

(b)

ensure that an adequate number of his personnel

attend the necessary pollution response training at recognised

and accredited training organisations in line with the directives

of the National Competent Authority;

(c)

organise periodical and at least once a year,

training and drills in pollution incidents

Provided that, a yearly schedule with the date and

time of such training and drills must be given to the National

POLLUTION PREPAREDNESS, RESPONSE

AND CO-OPERATION

Competent Authority by not later than 31 st January of each

calendar year; and

(d)

participate, when requested to do so by the

National Competent Authority, and at least once a year, in the

national pollution response and emergency training and drills

organised periodically by the National Competent Authority.

(1)

It shall be the duty of every marine terminal

operator and marine facility operator who observe or are made aware of

any polluting incident, to report without any delay such incident to the

National Competent Authority.

(2)

Every master of a ship whilst in the territorial waters or

contiguous zone of Malta, shall have the duty of reporting any pollution

incident in accordance with the Vessel Traffic Monitoring and

Reporting Requirements Regulations.

The fees payable under these regulations in respect of any

approval, renewal or amendment of a pollution emergency plan, or for

the late submission thereof, and for any inspection carried out by the

National Competent Authority, shall be as established, from time to

time, by the National Competent Authority.

Any marine terminal operator or marine facility operator

who fails to comply with the provisions of these regulations commits

an offence and is liable, upon conviction, to a fine (multa) not less than

two thousand and five hundred (2,500) euro and not exceeding one

hundred thousand (100,000) euro for each offence; and in the case of a

continuing offence, to a further fine (multa) not less than five hundred

(500) euro and not exceeding one thousand and five hundred (1,500)

euro for every day during which the offence persists.

(1)

The National Competent Authority shall also have

the power to impose in respect of any breach of or non-compliance of

these regulations an administrative fine in terms of the provisions of the

Act.

(2)

An administrative fine imposed by the National

Competent Authority shall not be less than five hundred (500) euro for

each breach or non-compliance; or less than two hundred and fifty

(250) euro for each day or part thereof during which the breach or non-

compliance subsists, from the date of the final decision of the National

Competent Authority.

(1)

The provisions of these regulations establishing

offences and punishments in respect thereof shall be without prejudice

to any liability arising from any other law or regulations; and shall not

bar the infliction of further punishments contemplated by such other

POLLUTION PREPAREDNESS, RESPONSE

AND CO-OPERATION

law or regulations.

(2)

In particular, the provisions referred to in sub-regulation

(1) shall not affect the application of any higher punishment under any

other law or regulations.

(1)

The provisions of these regulations are in addition

to the provisions of other laws and regulations concerning pollution

and emergencies and the contingencies related thereto.

(2)

Nothing in these regulations shall be construed as

effecting the validity of any other law or regulations laying down

obligations on marine terminals and on marine facilities; or the powers

of the Authority with respect to pollution emergency plans.