Prevention of Pollution of the Sea (Garbage) Regulations 2012

No. S 663

Prevention of Pollution of the Sea Act

(CHAPTER 243)

Prevention of Pollution of the Sea
(Garbage) Regulations 2012

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

Citation and commencement

1.  These Regulations may be cited as the Prevention of Pollution of the Sea (Garbage) Regulations 2012 and shall come into operation on 1st January 2013.

Definitions

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

“Annex V” means Annex V to the Convention which contains regulations for the prevention of pollution by garbage from ships and which is set out in the First Schedule;

“authorised organisation” means an organisation authorised by regulations made under section 116 of the Merchant Shipping Act (Cap. 179) for the purposes of surveying ships and issuing certificates under Part V of that Act;

“Contracting Party” means the government of a country which is a party to the Convention and for which the Convention is in force;

“garbage management plan” means a plan which a ship is required to carry under regulation 10.2 of Annex V;

“Garbage Record Book” means a document which a ship is required to carry under regulation 10.3 of Annex V;

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

[S 765/2024 wef 01/10/2024]

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

Application

3.—(1)  Annex V, with the exception of regulation 8 thereof, shall, subject to these Regulations, have the force of law in Singapore.

(2)  A provision of Annex V interpreted or explained by a provision of these Regulations shall be read as having the same meaning attributed by that provision.

(3)  For the purposes of regulation 2 of Annex V, the reference to “all ships” in that regulation shall be read as a reference to —

(a) Singapore ships; and

(b) other ships while they are in Singapore waters,

and these Regulations shall apply to such ships.

Exemptions

4.  The Director may grant exemptions from all or any of the provisions of these Regulations including Annex V (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

Administration

5.—(1)  Except as provided in paragraph (1A), references to the Administration are to be read as references to the Director.

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(1A)  For the purposes of regulations 1.19 and 10.3 of Annex V, references to the Administration are to be read as references to the Director or an authorised organisation.

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(2)  For the purposes of regulation 10.5 of Annex V, references to the competent authority shall be read as references to the Authority.

Powers to inspect

6.—(1)  Where there are clear grounds for believing that the master or crew of a ship to which these Regulations apply are not familiar with essential shipboard procedures relating to the prevention of pollution by garbage, the ship shall, whilst in Singapore waters, be subject to inspection by any surveyor of ships.

(2)  Subject to paragraph (3), any such inspection shall be limited to verifying —

(a) in the case of —

(i) a ship of 12 metres or more in length overall; or

(ii) any fixed or floating platform,

that placards notifying the crew and passengers of the ship or platform of the requirements of regulations 3 to 6 of Annex V are displayed on board the ship or platform;

(b) in the case of —

(i) a ship of 100 gross tonnage and above;

(ii) a ship which is certified to carry 15 or more persons; or

(iii) any fixed or floating platform,

that a garbage management plan is implemented on board the ship or platform; and

(c) in the case of —

(i) a ship of 100 gross tonnage and above;

[S 364/2024 wef 01/05/2024]

(ii) a ship which is certified to carry 15 or more persons engaged in voyages to ports or other offshore terminals under the jurisdiction of another State which is a party to the Convention; or

(iii) any fixed or floating platform,

that the ship or platform has a valid Garbage Record Book in the form prescribed by the Convention, whether as part of its official log-book or otherwise.

(3)  For the purpose of carrying out such inspection, the surveyor of ships may make copies of any entry in the ship’s Garbage Record Book or official log-book and may require the master to certify that a copy of such entry is a true copy of such an entry.

(4)  A surveyor of ships shall take such steps as he may consider necessary to ensure that a ship which contravenes paragraph (2) or any provision of these Regulations shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment.

(5)  Upon receiving evidence that a particular ship has discharged garbage in contravention of these Regulations, the Director shall cause the matter to be investigated by an inspector and shall inform the State which has reported the contravention and the IMO of the action taken.

(6)  The Director may also cause a ship other than a Singapore ship to be inspected by an inspector when it enters Singapore waters if a request for an investigation is received from any Contracting Party together with sufficient evidence that the ship has discharged any of the substances covered by Annex V in violation of these Regulations in any place.

(7)  The report of such investigation may be sent to the State requesting the investigation and the State in which the ship is registered.

Penalties

7.  If any ship fails to comply with any requirement of these Regulations, 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.

Exemption in certain circumstances

8.  For the purposes of section 6(5) of the Act, the ships exempted from the operation of section 6(1) of the Act shall be such ships as are exempted from the prohibition of the discharge into the sea of garbage in accordance with regulation 7 of Annex V.

Fees

9.—(1)  The fees specified in the Second Schedule shall be payable to the Director in respect of the services provided by the Director as specified in that Schedule.

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(2)  Where GST is chargeable on any supply of services provided by the Director specified in the Second Schedule, GST is calculated based on the rate in force at the time the services are supplied.

[S 765/2024 wef 01/10/2024]

Temporary partial waiver for certain fees

9A.  In respect of the fee specified in item 1(b) of the Second Schedule, an amount equivalent to 9% of the fee (exclusive of GST) is waived for the period between 1 October 2024 and 31 December 2025 (both dates inclusive).

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Revocation

10.  The Prevention of Pollution of the Sea (Garbage) Regulations (Rg 7) are revoked.

Savings and transitional provision

11.  Notwithstanding regulation 10, any entry made using the Form of Garbage Record Book prescribed under the revoked Prevention of Pollution of the Sea (Garbage) Regulations (Rg 7) shall be deemed to have been made using the Form of Garbage Record Book prescribed under these Regulations.

FIRST SCHEDULE

Regulation 2

ANNEX V OF THE CONVENTION

REGULATIONS FOR THE PREVENTION OF POLLUTION
BY GARBAGE FROM SHIPS

ARRANGEMENT OF REGULATIONS

CHAPTER 1

GENERAL

Regulation

1. Definitions

2. Application

3. General prohibition on discharge of garbage into the sea

4. Discharge of garbage outside special areas

5. Special requirements for discharge of garbage from fixed or floating platforms

6. Discharge of garbage within special areas

7. Exceptions

8. Reception facilities

9. Port State control on operational requirements

10. Placards, garbage management plans and garbage record-keeping

CHAPTER 2

[Deleted by S 116/2022 wef 01/03/2022]

CHAPTER 3

INTERNATIONAL CODE FOR SHIPS OPERATING IN POLAR WATERS

13. Definitions

14. Application and requirements

Appendices

________________________

CHAPTER 1

GENERAL

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Regulation 1

Definitions

For the purposes of this Annex:

    1.  Animal carcasses means the bodies of any animals that are carried on board as cargo and that die or are euthanized during the voyage.

    2.  Cargo residues means the remnants of any cargo which are not covered by other Annexes to the present Convention and which remain on the deck or in holds following loading or unloading, including loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash water but does not include cargo dust remaining on the deck after sweeping or dust on the external surfaces of the ship.

    3.  Cooking oil means any type of edible oil or animal fat used or intended to be used for the preparation or cooking of food, but does not include the food itself that is prepared using these oils.

    4.  Domestic wastes means all types of wastes not covered by other Annexes that are generated in the accommodation spaces on board the ship. Domestic wastes does not include grey water.

    5.  En route means that the ship is underway at sea on a course or courses, including deviation from the shortest direct route, which as far as practicable for navigational purposes, will cause any discharge to be spread over as great an area of the sea as is reasonable and practicable.

    6.  Fishing gear means any physical device or part thereof or combination of items that may be placed on or in the water or on the sea-bed with the intended purpose of capturing, or controlling for subsequent capture or harvesting, marine or fresh water organisms.

    7.  Fixed or floating platforms means fixed or floating structures located at sea which are engaged in the exploration, exploitation or associated offshore processing of sea-bed mineral resources.

    8.  Food wastes means any spoiled or unspoiled food substances and includes fruits, vegetables, dairy products, poultry, meat products and food scraps generated aboard ship.

    9.  Garbage means all kinds of food wastes, domestic wastes and operational wastes, all plastics, cargo residues, cooking oil, fishing gear, and animal carcasses generated during the normal operation of the ship and liable to be disposed of continuously or periodically except those substances which are defined or listed in other Annexes to the present Convention. Garbage does not include fresh fish and parts thereof generated as a result of fishing activities undertaken during the voyage, or as a result of aquaculture activities which involve the transport of fish including shellfish for placement in the aquaculture facility and the transport of harvested fish including shellfish from such facilities to shore for processing.

    10.  Incinerator ashes means ash and clinkers resulting from shipboard incinerators used for the incineration of garbage.

    11.  Nearest land. The term “from the 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 the present Annex, “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 09°10’ S, longitude 143°52’ E,

        thence to a point latitude 09°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.

    12.  Operational wastes means all solid wastes (including slurries) not covered by other Annexes that are collected on board during normal maintenance or operations of a ship, or used for cargo stowage and handling. Operational wastes also includes cleaning agents and additives contained in cargo hold and external wash water. Operational wastes does not include grey water, bilge water, or other similar discharges essential to the operation of a ship, taking into account the guidelines developed by the Organization.

    13.  Plastic means a solid material which contains as an essential ingredient one or more high molecular mass polymers and which is formed (shaped) during either manufacture of the polymer or the fabrication into a finished product by heat and/or pressure. Plastics have material properties ranging from hard and brittle to soft and elastic. For the purposes of this annex, “all plastics” means all garbage that consists of or includes plastic in any form, including synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products.

    14.  Special area means a sea area where for recognized technical reasons in relation to its oceanographic and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by garbage is required.

    For the purposes of this Annex the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the Gulfs area, the North Sea area, the Antarctic area and the Wider Caribbean Region, which are defined as follows:

.1 The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41º N parallel and bounded to the west by the Straits of Gibraltar at the meridian 5°36’ W.

.2 The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57º 44.8’ N.

.3 The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41º N.

.4 The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12º 28.5’ N, 43º 19.6’ E) and Husn Murad (12º 40.4’ N, 43º 30.2’ E).

.5 The Gulfs area means the sea area located north-west of the rhumb line between Ras al Hadd (22º 30’ N, 59º 48’ E) and Ras al Fasteh (25º 04’ N, 61º 25’ E).

.6 The North Sea area means the North Sea proper including seas therein with the boundary between:

.1 the North Sea southwards of latitude 62º N and eastwards of longitude 4º W;

.2 the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57º 44.8’ N; and

.3 the English Channel and its approaches eastwards of longitude 5º W and northwards of latitude 48º 30’ N.

.7 The Antarctic area means the sea area south of latitude 60º S.

.8 The Wider Caribbean Region means the Gulf of Mexico and Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by the 30° N parallel from Florida eastward to 77°30’ W meridian, thence a rhumb line to the intersection of 20° N parallel and 59° W meridian, thence a rhumb line to the intersection of 7° 20’ N parallel and 50° W meridian, thence a rhumb line drawn southwesterly to the eastern boundary of French Guiana.

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    16.  [Deleted by S 116/2022 wef 01/03/2022]

    17.  [Deleted by S 116/2022 wef 01/03/2022]

    18.  [Deleted by S 116/2022 wef 01/03/2022]

    19.  Electronic Record Book means a device or system, approved by the Administration, used to electronically record the required entries for discharges, transfers and other operations as required under this Annex in lieu of a hard copy record book.

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[S 797/2015 wef 01/01/2016]

Regulation 2

Application

    Unless expressly provided otherwise, the provisions of this Annex shall apply to all ships.

Regulation 3

General prohibition on discharge of garbage into the sea

    1.  Discharge of all garbage into the sea is prohibited, except as provided otherwise in regulations 4, 5, 6 and 7 of this Annex and section 5.2 of part II‑A of the Polar Code, as defined in regulation 13.1 of this Annex.

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    2.  Except as provided in regulation 7 of this Annex, discharge into the sea of all plastics, including but not limited to synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products is prohibited.

    3.  Except as provided in regulation 7 of this Annex, the discharge into the sea of cooking oil is prohibited.

Regulation 4

Discharge of garbage outside special areas

    1.  Subject to the provisions of regulations 5, 6 and 7 of this Annex, discharge of the following garbage into the sea outside special areas shall only be permitted while the ship is en route and as far as practicable from the nearest land, but in any case not less than:

.1 3 nautical miles from the nearest land for food wastes which have been passed through a comminuter or grinder. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 mm.

.2 12 nautical miles from the nearest land for food wastes that have not been treated in accordance with subparagraph .1 above.

.3 12 nautical miles from the nearest land for cargo residues that cannot be recovered using commonly available methods for unloading. These cargo residues shall not contain any substances classified as harmful to the marine environment, in accordance with the criteria set out in Appendix I of this Annex.

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.4 For animal carcasses, discharge shall occur as far from the nearest land as possible, taking into account the guidelines developed by the Organization.

    2.  Cleaning agents or additives contained in cargo hold, deck and external surfaces wash water may be discharged into the sea, but these substances must not be harmful to the marine environment, taking into account guidelines developed by the Organization.

    3.  Solid bulk cargoes as defined in regulation VI/1‑1.2 of the International Convention for the Safety of Life at Sea (SOLAS), 1974^*, as amended, other than grain, shall be classified in accordance with Appendix I of this Annex, and declared by the shipper as to whether or not they are harmful to the marine environment.

^*   Paragraph (b) of regulation 1‑1 of Chapter VI of the Merchant Shipping (Safety Convention) Regulations (Cap. 179, Rg 11).

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    4.  When garbage is mixed with or contaminated by other substances prohibited from discharge or having different discharge requirements, the more stringent requirements shall apply.

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Regulation 5

Special requirements for discharge of garbage
from fixed or floating platforms

    1.  Subject to the provisions of paragraph 2 of this regulation, the discharge into the sea of any garbage is prohibited from fixed or floating platforms and from all other ships when alongside or within 500 m of such platforms.

    2.  Food wastes may be discharged into the sea from fixed or floating platforms located more than 12 nautical miles from the nearest land and from all other ships when alongside or within 500 m of such platforms, but only when the wastes have been passed through a comminuter or grinder. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 mm.

Regulation 6

Discharge of garbage within special areas

    1.  Discharge of the following garbage into the sea within special areas shall only be permitted while the ship is en route and as follows:

.1 Discharge into the sea of food wastes as far as practicable from the nearest land, but not less than 12 nautical miles from the nearest land or the nearest ice shelf. Food wastes shall be comminuted or ground and shall be capable of passing through a screen with openings no greater than 25 mm. Food wastes shall not be contaminated by any other garbage type. Discharge of introduced avian products, including poultry and poultry parts, is not permitted in the Antarctic area unless it has been treated to be made sterile.

.2 Discharge of cargo residues that cannot be recovered using commonly available methods for unloading, where all the following conditions are satisfied:

.1 Cargo residues contained in hold washing water do not include any substances classified as harmful to the marine environment according to the criteria set out in Appendix I of this Annex;

.2 Solid bulk cargoes as defined in regulation VI/1‑1.2 of the International Convention for the Safety of Life at Sea (SOLAS), 1974^*, as amended, other than grain, shall be classified in accordance with Appendix I of this Annex, and declared by the shipper as to whether or not they are harmful to the marine environment^†;

^*   Paragraph (b) of regulation 1‑1 of Chapter VI of the Merchant Shipping (Safety Convention) Regulations (Cap. 179, Rg 11).

^†   For ships engaged in international voyages, reference is made to section 4.2.3 of the International Maritime Solid Bulk Cargoes (IMSBC) Code; for ships not engaged in international voyages, other means of declaration may be used, as determined by the Administration.

.3 Cleaning agents or additives contained in hold washing water do not include any substances classified as harmful to the marine environment taking into account guidelines developed by the Organization;

.4 Both the port of departure and the next port of destination are within the special area and the ship will not transit outside the special area between those ports;

.5 No adequate reception facilities are available at those ports taking into account guidelines developed by the Organization; and

.6 Where the conditions of subparagraphs 2.1 to 2.5 of this paragraph have been fulfilled, discharge of cargo hold washing water containing residues shall be made as far as practicable from the nearest land or the nearest ice shelf and not less than 12 nautical miles from the nearest land or the nearest ice shelf.

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    2.  Cleaning agents or additives contained in deck and external surfaces wash water may be discharged into the sea, but only if these substances are not harmful to the marine environment, taking into account guidelines developed by the Organization.

    3.  The following rules (in addition to the rules in paragraph 1 of this regulation) apply with respect to the Antarctic area:

.1 Each Party at whose ports ships depart en route to or arrive from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all garbage from all ships, without causing undue delay, and according to the needs of the ships using them.

.2 Each Party shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, have sufficient capacity on board for the retention of all garbage, while operating in the area and have concluded arrangements to discharge such garbage at a reception facility after leaving the area.

    4.  When garbage is mixed with or contaminated by other substances prohibited from discharge or having different discharge requirements, the more stringent requirements shall apply.

Regulation 7

Exceptions

    1.  Regulations 3, 4, 5 and 6 of this Annex and section 5.2 of chapter 5 of part II‑A of the Polar Code shall not apply to:

.1 The discharge of garbage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or

.2 The accidental loss of garbage resulting from damage to a ship or its equipment, provided that all reasonable precautions have been taken before and after the occurrence of the damage, to prevent or minimize the accidental loss; or

.3 The accidental loss of fishing gear from a ship provided that all reasonable precautions have been taken to prevent such loss; or

.4 The discharge of fishing gear from a ship for the protection of the marine environment or for the safety of that ship or its crew.

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    2.  Exception of en route:

.1 The en route requirements of regulations 4 and 6 of this Annex and chapter 5 of part II‑A of the Polar Code shall not apply to the discharge of food wastes where it is clear the retention on board of these food wastes presents an imminent health risk to the people on board.

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Regulation 8

Reception facilities

    1.  Each Party undertakes to ensure the provision of adequate facilities at ports and terminals for the reception of garbage without causing undue delay to ships, and according to the needs of the ships using them.

[Deleted by S 471/2013 wef 01/08/2013]

    2.  Reception facilities within special areas

.1 Each Party, the coastline of which borders a special area, undertakes to ensure that as soon as possible, in all ports and terminals within the special area, adequate reception facilities are provided, taking into account the needs of ships operating in these areas.

.2 Each Party concerned shall notify the Organization of the measures taken pursuant to paragraph 2.1 of this regulation. Upon receipt of sufficient notifications the Organization shall establish a date from which the requirements of regulation 6 of this Annex in respect of the area in question are to take effect. The Organization shall notify all Parties of the date so established no less than twelve months in advance of that date. Until the date so established, ships that are navigating in a special area shall comply with the requirements of regulation 4 of this Annex as regards discharges outside special areas.

[S 471/2013 wef 01/08/2013]

    2A.  Small Island Developing States may satisfy the requirements in paragraphs 1 and 2.1 of this regulation through regional arrangements when, because of those States’ unique circumstances, such arrangements are the only practical means to satisfy these requirements. Parties participating in a regional arrangement shall develop a Regional Reception Facilities Plan, taking into account the guidelines developed by the Organization.

    The Government of each Party participating in the arrangement shall consult with the Organization for circulation to the Parties of the present Convention:

.1 how the Regional Reception Facilities Plan takes into account the Guidelines;

.2 particulars of the identified Regional Ships Waste Reception Centres; and

.3 particulars of those ports with only limited facilities.

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    3.  Each Party shall notify the Organization for transmission to the Contracting Parties concerned of all cases where the facilities provided under this regulation are alleged to be inadequate.

[S 471/2013 wef 01/08/2013]

Regulation 9

Port State control on operational requirements⁴

⁴   Refer to the Procedures for port State control adopted by the Organization by resolution A.787(19) and amended by A.882(21); see IMO sales publication IA650E.

    1.  A ship when in a port or an offshore terminal of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by garbage.

    2.  In the circumstances given in paragraph 1 of this regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.

    3.  Procedures relating to the port State control prescribed in article 5 of the present Convention shall apply to this regulation.

    4.  Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.

Regulation 10

Placards, garbage management plans⁵

⁵   Refer to the Guidelines for the development of garbage management plans adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC.71(38); see MEPC/Circ. 317 and IMO sales publication IA656E.

and garbage record-keeping

    1.

.1 Every ship of 12 m or more in length overall and fixed or floating platforms shall display placards which notify the crew and passengers of the discharge requirements of regulations 3, 4, 5 and 6 of this Annex and section 5.2 of part II‑A of the Polar Code, as applicable.

[S 668/2016 wef 01/01/2017]

.2 The placards shall be written in the working language of the ship’s crew and, for ships engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention, shall also be in English, French or Spanish.

    2.  Every ship of 100 gross tonnage and above, and every ship which is certified to carry 15 or more persons, and fixed or floating platforms shall carry a garbage management plan which the crew shall follow. This plan shall provide written procedures for minimizing, collecting, storing, processing and disposing of garbage, including the use of the equipment on board. It shall also designate the person or persons in charge of carrying out the plan. Such a plan shall be based on the guidelines developed by the Organization² and written in the working language of the crew.

²   Refer to the Guidelines for the development of garbage management plans adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC.71(38); see MEPC/Circ. 317 and IMO sales publication IA656E.

    3.  Every ship of 100 gross tonnage and above and every ship which is certified to carry 15 or more persons engaged in voyages to ports or offshore terminals under the jurisdiction of another Party to the Convention and every fixed or floating platform shall be provided with a Garbage Record Book. The Garbage Record Book, whether as a part of the ship’s official logbook, or as an electronic record book which shall be approved by the Administration taking into account the Guidelines developed by the Organization^*, or otherwise, shall be in the form specified in Appendix II to this Annex:

^*   Refer to the Guidelines for the use of electronic record books under MARPOL, adopted by resolution MEPC.312(74).

.1 Each discharge into the sea or to a reception facility, or a completed incineration, shall be promptly recorded in the Garbage Record Book and signed for on the date of the discharge or incineration by the officer in charge. Each completed page or group of electronic entries of the Garbage Record Book shall be signed by the master of the ship. The entries in the Garbage Record Book shall be at least in English, French or Spanish. Where the entries are also made in an official language of the State whose flag the ship is entitled to fly, the entries in that language shall prevail in case of a dispute or discrepancy;

.2 The entry for each discharge into the sea under regulation 4, 5 or 6 of this Annex or section 5.2 of chapter 5 of part II‑A of the Polar Code shall include date and time, position of the ship (latitude and longitude), category of the garbage and the estimated amount (in cubic metres) discharged. For discharge of cargo residues the discharge start and stop positions shall be recorded in addition to the foregoing;

.3 The entry for each completed incineration shall include date and time and position of the ship (latitude and longitude) at the start and stop of incineration, categories of garbage incinerated and the estimated amount incinerated for each category in cubic metres;

.4 The entry for each discharge to a port reception facility or another ship shall include date and time of discharge, port or facility or name of ship, categories of garbage discharged, and the estimated amount discharged for each category in cubic metres;

.5 The Garbage Record Book, along with receipts obtained from reception facilities, shall be kept on board the ship or the fixed or floating platform, and in such a place as to be readily available for inspection at all reasonable times. This document shall be preserved for a period of at least 2 years from the date of the last entry made in it;

.6 In the event of any discharge or accidental loss referred to in regulation 7 of this Annex, an entry shall be made in the Garbage Record Book, or in the case of any ship of less than 100 gross tonnage, an entry shall be made in the ship’s official log‑book of the date and time of occurrence, port or position of the ship at time of occurrence (latitude, longitude and water depth if known), the reason for the discharge or loss, details of the items discharged or lost, categories of garbage discharged or lost, estimated amount for each category in cubic metres, reasonable precautions taken to prevent or minimize such discharge or accidental loss, and general remarks.

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[S 807/2020 wef 01/10/2020]

[S 114/2018 wef 01/03/2018]

    4.  The Administration may waive the requirements for Garbage Record Books for:

.1 Any ship engaged on voyages of one (1) hour or less in duration which is certified to carry 15 or more persons; or

.2 Fixed or floating platforms.

    5.  The competent authority of the Government of a Party to the Convention may inspect the Garbage Record Books or ship’s official log-book on board any ship to which this regulation applies while the ship is in its ports or offshore terminals and may make a copy of any entry in those books, and may require the master of the ship to certify that the copy is a true copy of such an entry. Any copy so made, which has been certified by the master of the ship as a true copy of an entry in the ship’s Garbage Record Book or ship’s official log-book, shall be admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of a Garbage Record Book or ship’s official log-book and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

    6.  The accidental loss or discharge of fishing gear as provided for in regulations 7.1.3 and 7.1.4 which poses a significant threat to the marine environment or navigation shall be reported to the State whose flag the ship is entitled to fly, and, where the loss or discharge occurs within waters subject to the jurisdiction of a coastal State, also to that coastal State.

CHAPTER 2

[Deleted by S 116/2022 wef 01/03/2022]

CHAPTER 3

INTERNATIONAL CODE FOR SHIPS OPERATING IN POLAR WATERS

[S 668/2016 wef 01/01/2017]

Regulation 13

Definitions

For the purpose of this Annex,

    1.  Polar Code means the International Code for Ships Operating in Polar Waters, consisting of an introduction, part I‑A and part II‑A and parts I‑B and II‑B, as adopted by resolutions MSC.385(94) and MEPC.264(68), as may be amended, provided that:

.1 amendments to the environment‑related provisions of the introduction and chapter 5 of part II‑A of the Polar Code are adopted, brought into force and take effect in accordance with the provisions of article 16 of the present Convention concerning the amendment procedures applicable to an appendix to an annex; and

.2 amendments to part II‑B of the Polar Code are adopted by the Marine Environment Protection Committee in accordance with its Rules of Procedure.

    2.  Arctic waters means those waters which are located north of a line from the latitude 58°00´.0 N and longitude 042°00´.0 W to latitude 64°37´.0 N, longitude 035°27´.0 W and thence by a rhumb line to latitude 67°03´.9 N, longitude 026°33´.4 W and thence by a rhumb line to the latitude 70°49´.56 N and longitude 008°59´.61 W (Sørkapp, Jan Mayen) and by the southern shore of Jan Mayen to 73°31´.6 N and 019°01´.0 E by the Island of Bjørnøya, and thence by a great circle line to the latitude 68°38´.29 N and longitude 043°23´.08 E (Cap Kanin Nos) and hence by the northern shore of the Asian Continent eastward to the Bering Strait and thence from the Bering Strait westward to latitude 60° N as far as II’pyrskiy and following the 60th North parallel eastward as far as and including Etolin Strait and thence by the northern shore of the North American continent as far south as latitude 60° N and thence eastward along parallel of latitude 60° N, to longitude 056°37´.1 W and thence to the latitude 58°00´.0 N, longitude 042°00´.0 W.

    3.  Polar waters means Arctic waters and/or the Antarctic area.

[S 668/2016 wef 01/01/2017]

Regulation 14

Application and requirements

    1.  This chapter applies to all ships to which this Annex applies, operating in polar waters.

    2.  Unless expressly provided otherwise, any ship covered by paragraph 1 of this regulation shall comply with the environment‑related provisions of the introduction and with chapter 5 of part II‑A of the Polar Code, in addition to any other applicable requirements of this Annex.

    3.  In applying chapter 5 of part II‑A of the Polar Code, consideration should be given to the additional guidance in part II‑B of the Polar Code.

[S 668/2016 wef 01/01/2017]

APPENDIX I

CRITERIA FOR THE CLASSIFICATION OF SOLID
BULK CARGOES AS HARMFUL TO THE MARINE
ENVIRONMENT

    For the purpose of this Annex, cargo residues are considered to be harmful to the marine environment (HME) if they are residues of solid bulk cargoes which are classified according to the criteria of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS) meeting the following parameters¹:

¹   The criteria are based on UN GHS. For specific products (e.g. metals and inorganic metal compounds) guidance available in UN GHS annexes 9 and 10 is essential for proper interpretation of the criteria and classification, and should be followed.

.1 Acute Aquatic Toxicity Category 1; and/or

.2 Chronic Aquatic Toxicity Category 1 or 2; and/or

.3 Carcinogenicity² Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or

²   Products that are classified for Carcinogenicity, Mutagenicity, Reproductive Toxicity or Specific Target Organ Toxicity Repeated Exposure for oral and dermal hazards or without specification of the exposure route in the hazard statement.

.4 Mutagenicity² Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or

²   Products that are classified for Carcinogenicity, Mutagenicity, Reproductive Toxicity or Specific Target Organ Toxicity Repeated Exposure for oral and dermal hazards or without specification of the exposure route in the hazard statement.

.5 Reproductive Toxicity² Category 1A or 1B combined with not being rapidly degradable and having high bioaccumulation; and/or

²   Products that are classified for Carcinogenicity, Mutagenicity, Reproductive Toxicity or Specific Target Organ Toxicity Repeated Exposure for oral and dermal hazards or without specification of the exposure route in the hazard statement.

.6 Specific Target Organ Toxicity Repeated Exposure² Category 1 combined with not being rapidly degradable and having high bioaccumulation; and/or

²   Products that are classified for Carcinogenicity, Mutagenicity, Reproductive Toxicity or Specific Target Organ Toxicity Repeated Exposure for oral and dermal hazards or without specification of the exposure route in the hazard statement.

.7 Solid bulk cargoes containing or consisting of synthetic polymers, rubber, plastics, or plastic feedstock pellets (this includes materials that are shredded, milled, chopped or macerated or similar materials).

[S 114/2018 wef 01/03/2018]

Appendix II

FORM OF GARBAGE RECORD BOOK

[S 114/2018 wef 01/03/2018]

Name of ship: __________________________________________________
Distinctive number or letters: ______________________________________
IMO No.: _____________________________________________________
Period: ____________	From: _____________	To: ________________
1   Introduction
In accordance with regulation 10 of Annex V of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL), a record is to be kept of each discharge operation or completed incineration. This includes discharges into the sea, to reception facilities, or to other ships, as well as the accidental loss of garbage.
2   Garbage and garbage management
Garbage means all kinds of food wastes, domestic wastes and operational wastes, all plastics, cargo residues, cooking oil, fishing gear, and animal carcasses generated during the normal operation of the ship and liable to be disposed of continuously or periodically except those substances which are defined or listed in other Annexes to the present Convention. Garbage does not include fresh fish and parts thereof generated as a result of fishing activities undertaken during the voyage, or as a result of aquaculture activities which involve the transport of fish including shellfish for placement in the aquaculture facility and the transport of harvested fish including shellfish from such facilities to shore for processing.
The Guidelines for the Implementation of Annex V of MARPOL10 should also be referred to for relevant information. 10   Refer to the Guidelines for the Implementation of Annex V of MARPOL 73/78, as amended by resolutions.
3   Description of the garbage
Garbage is to be grouped into categories for the purposes of recording in Parts I and II of the Garbage Record Book (or ship’s official log‑book) as follows:
Part I
A Plastics
B Food wastes
C Domestic wastes
D Cooking oil
E Incinerator ashes
F Operational wastes
G Animal carcasses
H Fishing gear
I E‑waste
Part II
J Cargo residues (non‑HME)
K Cargo residues (HME)

[S 114/2018 wef 01/03/2018]

 4   Entries in the Garbage Record Book

4.1 Entries in the Garbage Record Book shall be made on each of the following occasions:

4.1.1 When garbage is discharged to a reception facility¹¹ ashore or to other ships:

¹¹   Ship’s masters should obtain from the operator of the reception facilities, which includes barges and trucks, a receipt or certificate specifying the estimated amount of garbage transferred. The receipts or certificates must be kept together with the Garbage Record Book.

.1 Date and time of discharge

.2 Port or facility, or name of ship

.3 Categories of garbage discharged

.4 Estimated amount discharged for each category in cubic metres

.5 Signature of officer in charge of the operation.

4.1.2 When garbage is incinerated:

.1 Date and time of start and stop of incineration

.2 Position of the ship (latitude and longitude) at the start and stop of incineration

.3 Categories of garbage incinerated

.4 Estimated amount incinerated in cubic metres

.5 Signature of the officer in charge of the operation.

4.1.3 When garbage is discharged into the sea in accordance with regulation 4, 5 or 6 of MARPOL Annex V or chapter 5 of part II‑A of the Polar Code:

.1 Date and time of discharge

.2 Position of the ship (latitude and longitude). Note: for cargo residue discharges, include discharge start and stop positions.

.3 Category of garbage discharged

.4 Estimated amount discharged for each category in cubic metres

.5 Signature of the officer in charge of the operation.

[S 668/2016 wef 01/01/2017]

4.1.4 Accidental or other exceptional discharges or loss of garbage into the sea, including in accordance with regulation 7 of Annex V of MARPOL:

.1 Date and time of occurrence

.2 Port or position of the ship at time of occurrence (latitude, longitude and water depth if known)

.3 Categories of garbage discharged or lost

.4 Estimated amount for each category in cubic metres

.5 The reason for the discharge or loss and general remarks.

4.2 Amount of garbage

The amount of garbage on board should be estimated in cubic metres, if possible separately according to category. The Garbage Record Book contains many references to estimated amount of garbage. It is recognized that the accuracy of estimating amounts of garbage is left to interpretation. Volume estimates will differ before and after processing. Some processing procedures may not allow for a usable estimate of volume, e.g., the continuous processing of food waste. Such factors should be taken into consideration when making and interpreting entries made in a record.

RECORD OF GARBAGE DISCHARGES

PART I

For all garbage other than cargo residues as defined in
regulation 1.2 (Definitions)

(All ships)

Ship’s name

Distinctive number or letters

IMO number

Garbage categories

A — Plastics	B — Food waste	C — Domestic wastes	D — Cooking oil
E — Incinerator ashes	F — Operational wastes	G — Animal carcasses	H — Fishing gear	I — E‑waste

Discharges under MARPOL Annex V regulation 4 (Discharge of garbage outside special areas), 5 (Special requirements for discharge of garbage from fixed or floating platforms) or 6 (Discharge of garbage within special areas) or chapter 5 of part II‑A of the Polar Code

Date/Time	Position of the ship (latitude/longitude) or port if discharged ashore or name of ship if discharged to another ship	Category	Estimated amount discharged		Estimated amount incinerated (m3)	Remarks: (e.g. start/stop time and position of incineration; general remarks)	Certification/Signature
			Into sea (m3)	To reception facilities or to another ship (m3)
/ :
/ :

Exceptional discharge or loss of garbage under regulation 7 (Exceptions)

Date/Time	Port or position of the ship (latitude/longitude and water depth if known)	Category	Estimated amount lost or discharged (m3)	Remarks on the reason for the discharge or loss and general remarks (e.g. reasonable precautions taken to prevent or minimize such discharge or accidental loss and general remarks	Certification/ Signature
/ :
/ :

Master’s signature: __________________

Date: __________________

[S 114/2018 wef 01/03/2018]

PART II

For all cargo residues as defined in regulation 1.2 (Definitions)

(Ships that carry solid bulk cargoes)

Ship’s name

Distinctive number or letters

IMO number

Garbage categories

J — Cargo residues (non‑HME)

K — Cargo residues (HME)

Discharges under regulations 4 (Discharge of garbage outside special areas) and 6 (Discharge of garbage within special areas)

Date/Time	Position of the ship (latitude/longitude) or port if discharged ashore	Category	Estimated amount discharged		Start and stop positions of the ship for discharges into the sea	Certification/ Signature
			Into sea (m3)	To reception facilities or to another ship (m3)
/ :
/ :

Master’s signature: __________________

Date: __________________

[S 114/2018 wef 01/03/2018]

[S 116/2022 wef 01/03/2022]

SECOND SCHEDULE

Regulations 9 and 9A

Fees

1. Review and approval of garbage management plan, garbage record book and other documents:
(a) for a vessel that falls within the meaning of a “ship” under section 21(4)(a) of the Goods and Services Tax Act 1993	$60 per hour or part of an hour
(b) for a vessel that does not fall within the meaning of a “ship” under section 21(4)(a) of the Goods and Services Tax Act 1993	$65.40 per hour or part of an hour

[S 765/2024 wef 01/10/2024]

Made this 21st day of December 2012.

LUCIEN WONG

Chairman,
Maritime and Port Authority of Singapore.

[MPA 46/06.C05.V03/CAH; AG/LLRD/SL/243/2010/6 Vol. 1]