Prevention of Pollution of the Sea (Harmful Anti-Fouling Systems) Regulations 2010

No. S 198

Prevention of Pollution of the Sea Act

(Chapter 243)

Prevention of Pollution of the Sea (Harmful Anti-fouling Systems) Regulations 2010

In exercise of the powers conferred by section 34(1)(c) of the Prevention of Pollution of the Sea Act, the Maritime and Port Authority of Singapore, with the approval of the Minister of Transport, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Prevention of Pollution of the Sea (Harmful Anti‑Fouling Systems) Regulations 2010 and shall come into operation on 31st March 2010.

Definitions

2.—(1)  In these Regulations, unless the context otherwise requires —

“Annex 1” means Annex 1 to the Convention, the text of which is set out in the First Schedule;

“Annex 4” means Annex 4 to the Convention, the text of which is set out in the Second Schedule;

“anti-fouling system” means a coating, paint, surface treatment, surface or device that is used on a ship to control or prevent the attachment of unwanted organisms;

“authorised organisation” means an organisation authorised by regulations made under section 116 of the Merchant Shipping Act 1995 for the purposes of surveying ships and issuing certificates under Part 5 of that Act;

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“Certificate” means an international anti‑fouling system certificate issued under regulation 2 or 3 of Annex 4;

“Contracting Party” means any State Party to the Convention;

“Convention” means the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, done at London on 5th October 2001;

“Declaration” means a declaration on anti-fouling system drawn up under regulation 5 of Annex 4;

“FPSO” means a floating production storage and off-loading unit;

“FSU” means a floating storage unit;

“gross tonnage” has the same meaning as in the Merchant Shipping (Tonnage) Regulations (Rg 12);

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“GST” means the goods and services tax chargeable under the Goods and Services Tax Act 1993;

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“IMO” or “Organization” means the International Maritime Organization;

“international voyage” means a voyage, by a ship entitled to fly the flag of one State, to or from a port, shipyard or offshore terminal under the jurisdiction of another State;

“length” has the same meaning as in the Merchant Shipping (Load Line) Regulations (Rg 5);

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“offshore terminal” has the same meaning as in the Convention;

“ship” means a vessel of any type whatsoever operating in the marine environment, and includes a hydrofoil boat, an air-cushion vehicle, a submersible, a floating craft, a fixed or floating platform, an FSU and an FPSO;

“Singapore Declaration” means a Declaration drawn up by the owner or agent of a ship under regulation 9;

“Singapore ship” means a ship, as defined in this regulation, which is registered under Part 2 of the Merchant Shipping Act 1995.

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(2)  In these Regulations —

(a) a reference to the Convention shall be construed as including a reference to an Annex to the Convention and any Appendix to any such Annex;

(b) a reference to an article shall be construed as a reference to an article of the Convention; and

(c) a reference in the Second Schedule to a regulation shall be construed as a reference to a regulation in Annex 4.

(3)  For the purposes of regulations 1(1) and 5(1) of Annex 4, a reference to a ship to which article 3(1)(a) of the Convention applies shall be read as a reference to a Singapore ship.

Application of Annex 1 and Annex 4

3.—(1)  Annex 1 shall have the force of law in Singapore, subject to these Regulations and the following modifications:

(a) the reference to “all ships” in that Annex shall be read as a reference to —

(i) all Singapore ships; and

(ii) all other ships which enter a port, shipyard or offshore terminal in Singapore; and

(b) the references to “1 January 2003” and “1 January 2008” shall be read as references to 31st March 2010.

(2)  Subject to these Regulations, regulations 1(1) and (2), 2, 4 and 5 of Annex 4 shall have the force of law in Singapore.

Exemptions

4.  The Director may exempt any person or ship, or class or description of persons or ships, from all or any of these Regulations on such terms as he may specify, and may, subject to giving reasonable notice, alter or cancel any such exemption.

Administration

5.—(1)  Subject to paragraph (2), for the purposes of these Regulations —

(a) a reference to the Administration shall be read as a reference to the Director;

(b) a reference in Annex 4 to an officer or person duly authorised by the Administration shall be read as a reference to a surveyor of ships; and

(c) a reference in Annex 4 to a surveyor, a nominated surveyor, an organisation, a recognised organisation or an organisation authorised, recognised or duly authorised by the Administration shall be read as a reference to an authorised organisation.

(2)  For the purposes of regulation 2(3) of Annex 4, a reference to the Administration shall be read as references to the Director or an authorised organisation.

(3)  For the purposes of Appendix 1 to Annex 4, a reference to the authority shall be read as a reference to the Authority.

Controls on anti-fouling systems

6.  No anti-fouling system specified in the first column of Annex 1 shall be applied, re-applied, installed, used or borne by any ship referred to in the third column of that Annex, except in accordance with such control measures as are specified in the second column of that Annex.

Survey and certification of ships of 400 gross tonnage and above

7.—(1)  This regulation shall apply to a ship which —

(a) is a Singapore ship or a ship of any other Contracting Party;

(b) is of 400 gross tonnage and above; and

(c) is not a fixed or floating platform, an FSU or an FPSO.

(2)  A ship referred to in paragraph (1) shall not enter any port, shipyard or offshore terminal in Singapore waters, unless —

(a) the ship has been surveyed in accordance with the survey and certification requirements for anti-fouling systems set out in Annex 4 and has been found to be compliant with the requirements in Annex 1; and

(b) there is carried on board the ship a valid Certificate.

(3)  A Singapore ship referred to in paragraph (1) shall not enter any port, shipyard or offshore terminal in any other Contracting Party, unless —

(a) the ship has been surveyed in accordance with the survey and certification requirements for anti-fouling systems set out in Annex 4 and has been found to be compliant with the requirements in Annex 1; and

(b) there is carried on board the ship a valid Certificate.

Survey and certification of ships of less than 400 gross tonnage

8.—(1)  This regulation shall apply to a ship which —

(a) is a Singapore ship or a ship of any other Contracting Party;

(b) is of less than 400 gross tonnage, but is 24 metres or more in length; and

(c) is not a fixed or floating platform, an FSU or an FPSO,

(2)  A ship referred to in paragraph (1) shall not enter any port, shipyard or offshore terminal in Singapore waters, unless there is carried on board the ship a valid Declaration accompanied by appropriate documentation (such as a paint receipt or a contractor’s invoice) or containing an appropriate endorsement specified in regulation 5 of Annex 4.

(3)  A Singapore ship referred to in paragraph (1) shall not enter any port, shipyard or offshore terminal in any other Contracting Party, unless there is carried on board the ship a valid Declaration accompanied by appropriate documentation (such as a paint receipt or a contractor’s invoice) or containing an appropriate endorsement specified in regulation 5 of Annex 4.

Singapore Declaration

9.—(1)  This regulation shall apply to any ship which —

(a) is operated under a licence or permit granted by the Authority under the Maritime and Port Authority of Singapore (Harbour Craft) Regulations (Rg 3) or the Maritime and Port Authority of Singapore (Pleasure Craft) Regulations (Rg 6);

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(b) is either —

(i) of 400 gross tonnage and above; or

(ii) 24 metres or more in length; and

(c) is not a Singapore ship or a ship of any other Contracting Party.

(2)  A Singapore Declaration shall be carried on board a ship to which this regulation applies.

(3)  The Singapore Declaration shall be drawn up in the form set out in the Third Schedule, and signed by the owner or agent of the ship.

Powers to inspect

10.—(1)  A ship to which these Regulations apply shall be subject, in Singapore waters, to inspection by a surveyor of ships, taking into account guidelines for surveys developed by IMO.

(2)  Subject to paragraph (3), any inspection under paragraph (1) shall be limited to either or both of the following:

(a) verifying that the ship carries a valid Certificate, Declaration or Singapore Declaration, if the ship is required to do so under these Regulations;

(b) a brief sampling of the ship’s anti-fouling system that does not affect the integrity, structure, or operation of the anti-fouling system, and that takes into account guidelines developed by IMO.

(3)  Where there are clear grounds for believing that a ship referred to in paragraph (1) is in violation of these Regulations, a thorough inspection of the ship may be carried out, taking into account guidelines developed by IMO.

(4)  Any Certificate, Declaration (together with accompanying appropriate documentation) or Singapore Declaration required to be carried by a ship under these Regulations shall be readily available for inspection on board the ship.

(5)  The Director may cause a ship to which these Regulations apply to be inspected by an inspector when it enters a port, shipyard or offshore terminal in Singapore waters, if a request for an investigation is received from any Contracting Party, together with sufficient evidence that the ship is operating or has operated in violation of the Convention in any place.

(6)  The report of an investigation under paragraph (5) may be sent to —

(a) the Contracting Party requesting the investigation; and

(b) the competent authority of the administration of the State in which the ship is registered.

Power to detain ship

11.—(1)  Where a surveyor of ships has determined, in relation to a ship to which these Regulations apply, that —

(a) a Certificate is required in respect of the ship but has not been issued, or a Certificate issued in respect of the ship is not valid;

(b) a Declaration is required to be carried on board the ship but is not carried, or a Declaration carried on board the ship is not accompanied by the appropriate documentation or does not contain an appropriate endorsement specified in regulation 5 of Annex 4;

(c) a Singapore Declaration is required to be carried on board the ship but is not carried; or

(d) the ship has contravened any of the requirements of these Regulations,

the ship is liable to be detained under section 23 of the Act, until a surveyor of ships is satisfied that the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment.

(2)  The Director may, in any such case, permit the ship to proceed to an appropriate repair yard.

Giving false information and forgery, etc.

12.—(1)  This regulation applies to —

(a) a Certificate issued by the Director pursuant to regulation 2 of Annex 4;

(b) a Declaration drawn up in relation to a Singapore ship, and any accompanying documentation thereto; and

(c) a Singapore Declaration.

(2)  The Director may cancel or require the surrender of a Certificate, Declaration or Singapore Declaration within such time and in such manner as the Director may direct, if the Director has reason to believe that —

(a) the Certificate, Declaration or Singapore Declaration was issued or drawn up, as the case may be, on the basis of false or erroneous information;

(b) any coating referred to in the Certificate, Declaration or Singapore Declaration and borne by the ship has sustained damage or is otherwise deficient; or

(c) the ship has applied, installed, used or borne an anti-fouling system specified in the first column of Annex 1 in contravention of the requirements specified in the second column of that Annex.

(3)  No person shall —

(a) intentionally alter the contents of a Certificate, Declaration or Singapore Declaration;

(b) intentionally, knowingly or recklessly make a false statement, or provide false information, in relation to a Certificate, Declaration or Singapore Declaration;

(c) produce a Certificate, Declaration or Singapore Declaration to the Director or a surveyor of ships, if the person knows it is false;

(d) with intent to deceive, use a Certificate, Declaration or Singapore Declaration, or lend or permit a Certificate, Declaration or Singapore Declaration to be used by another person; or

(e) forge a Certificate, Declaration or Singapore Declaration.

(4)  Any person who contravenes paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Offence

13.  If any ship fails to comply with regulation 6, 7, 8 or 9, the owner and the master of the ship shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Fees

14.—(1)  The fees specified in the second column of the Fourth Schedule are payable to the Director for the services specified opposite in the first column of that Schedule.

(2)  Where GST is chargeable in respect of any supply of services specified in the first column of the Fourth Schedule, the GST is calculated based on the rate in force at the time the services are supplied.

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Temporary partial waiver for certain fees

15.  In respect of the fees specified in the following items of the Fourth Schedule, an amount equivalent to 9% of each fee (exclusive of GST) is waived for the period between 1 October 2024 and 31 December 2025 (both dates inclusive):

(a) item 1(a)(ii) and (iv), (b)(ii) and (iv) and (c)(ii) and (iv);

(b) item 2(a)(ii), (b)(ii) and (c)(ii);

(c) item 4(b);

(d) item 6(b).

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FIRST SCHEDULE

Regulation 2

	ANNEX 1 TO CONVENTION
	CONTROLS ON ANTI-FOULING SYSTEMS
	Anti-fouling system	Control measures	Application	Effective date
	Organotin compounds which act as biocides in anti-fouling systems	Ships shall not apply or re‑apply such compounds	All ships	1 January 2003
	Organotin compounds which act as biocides in anti-fouling systems	Ships either: (1) shall not bear such compounds on their hulls or external parts or surfaces; or (2) shall bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant anti-fouling systems	All ships (except fixed and floating platforms, FSUs, and FPSOs that have been constructed prior to 1 January 2003 and that have not been in dry-dock on or after 1 January 2003)	1 January 2008
	Cybutryne CAS No. 28159-98-0	Ships shall not apply or re-apply anti-fouling systems containing this substance	All ships	1 January 2023
	Cybutryne CAS No. 28159-98-0	Ships bearing an anti-fouling system that contains this substance in the external coating layer of their hulls or external parts or surfaces on 1 January 2023 shall either: (1) remove the anti-fouling system; or (2) apply a coating that forms a barrier to this substance leaching from the underlying non-compliant anti-fouling system	All ships except: (1) fixed and floating platforms, FSUs, and FPSOs that have been constructed prior to 1 January 2023 and that have not been in dry-dock on or after 1 January 2023; (2) ships not engaged in international voyages; and (3) ships of less than 400 gross tonnage engaged in international voyages, if accepted by the coastal State(s)	At the next scheduled renewal of the anti-fouling system after 1 January 2023, but no later than 60 months following the last application to the ship of an anti-fouling system containing cybutryne

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Made this 30th day of March 2010.

LUCIEN WONG

Chairman,
Maritime and Port Authority of Singapore.

[MPA 45/12.018.V01/LSK; AG/LLRD/SL/243/2010/1 Vol. 1]