brunei darussalam government gazette - …extwprlegs1.fao.org/docs/pdf/bru138982.pdf · brunei...

BRUNEI DARUSSALAM GOVERNMENT GAZETTE

PREVENTION OF POLLUTION OFTHE SEA ORDER, 2005(S 18/05)

PREVENTION OF POLLUTION OFTHE SEA (OIL)REGULATIONS, 2008

In exercise of the powers conferred by sections 6(4), 11 and 33 of thePrevention of Pollution of the Sea Order, 2005, the Minister of Communications,with the approval of His Majesty the Sultan and Yang Di-Pertuan, hereby makesthe following Regulations -

Citation.

1. These Regulations may be cited as the Prevention of Pollution of the Sea(Oil) Regulations, 2008.

Interpretation.

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

"Annex I" means Annex I to the Convention which contains regulations forthe prevention of pollution by oil and which is set out in the First Schedule;

"authorised organisation" means an organisation authorised by regulationsmade under section 31 for the purposes of surveying ships and issuingcertificates under that Order;

"BOPP Certificate" means a Brunei Oil Pollution Prevention Certificateissued by the Director or an authorised organisation under regulation 8;

"Contracting Party" means any State Party to the Convention;

"IOPP Certificate" means an International Oil Pollution PreventionCertificate issued under regulation 7 of Annex I by the Administration of anyContracting Party to the Convention;

"Organisation" means the International Maritime Organisation.

Application.

3. (1) Annex I, with the exception of regulation 38 thereof, shall, subject tothese Regulations, have the force of law in Brunei Darussalam.

[2) A provision of Annex I interpreted or explained by a provision of theseRegulations shall be read as having the same meaning attributed by thatprovision.

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believing that the condition of the ship or its equipment does not correspondsubstantially with the particulars of that Certificate.

(3) In that case referred to in sub-regulation (2), or if the ship does not carrya valid IOPP Certificate or BOPP Certificate, the surveyor of ships shall take suchsteps as he may consider necessary to ensure that the ship shall not sail until itcan proceed to sea without presenting an unreasonable threat of harm to themarine environment.

(4) The Director may in such a case permit the ship to proceed to thenearest appropriate repair yard.

(5) Upon receiving evidence that a particular ship has discharged oil or anoily mixture contrary to these Regulations, the Director shall cause the matter tobe investigated by an inspector and shall inform the State which has reported thecontravention as well as the Organisation of the action taken.

(6) The Director may also cause a ship other than a Brunei Darussalam shipto be inspected by an inspector when it enters Brunei Darussalam waters if arequest for an investigation is received from any Contracting Party together withsufficient evidence that the ship has discharged oil or an oily mixture contrary tothe provisions of Annex I in any place.

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

Prohibition on proceeding to sea without Certificates.

7. (1) The master of -

{a} every oil tanker of 150 gross tonnage and above; or

{b} any other ship of 400 gross tonnage and above,

shall produce to the Director, at the time a clearance for the ship is demanded fora voyage from Brunei Darussalam to a port or place outside Brunei Darussalamwaters, the IOPP Certificate to be in force when the ship proceeds to sea.

(2) A clearance shall not be granted, and the ship may be detained, untilthe IOPP Certificate is so produced.

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FIRST SCHEDULE regulation 2

ANNEX I OF THE CONVENTION

REGULATIONS FOR THE PREVENTION OF POLLUTION BYOIL

ARRANGEMENT OF REGULATIONS

CHAPTER 1

GENERAL

Regulation

1. Definitions.

2. Application.

3. Exemptions and waivers.

4. Exceptions.

5. Equivalents.

CHAPTER 2

SURVEYS AND CERTIFICATION

6. Surveys.

7. Issue or endorsement of certificate.

8. Issue or endorsement of certificate by another Government.

9. Form of certificate.

10. Duration and validity of certificate.

11. Port State control on operational requirements.

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9th. SEPTEMBER, 2008

CHAPTER 3

REQUIREMENTS FOR MACHINERY SPACES OFALL SHIPS

PART A- CONSTRUCTION

12. Tanks for oil residues (sludge).

12A. Oil fuel tank protection.

13. Standard discharge connection.

PART B - EQUIPMENT

14. Oil filtering equipment.

PART C - CONTROL OFOPERATIONAL DISCHARGE OFOIL

15. Control of discharge of oil.

16. Segregation of oil and water ballast and carriage of oil in forepeak tanks.

17. Oil Record Book, Part I - Machinery space operations.

CHAPTER 4

REQUIREMENTS FOR THE CARGO AREA OF OIL TANKERS

PART A - CONSTRUCTION

18. Segregated ballast tanks.

19. Double hull and double bottom requirements for oil tankers delivered on orafter 6th July 1996.

20. Double hull and double bottom requirements for oil tankers delivered before6th July 1996.

21. Prevention of oil pollution from oil tankers carrying heavy grade oil as cargo.

22. Pump room bottom protection.

23. Accidental oil outflow performance.

24. Damage assumptions.

25. Hypothetical outflow of oil.

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26. Limitations of size and arrangement of cargo tanks.

27. Intact stability.

28. Subdivision and damage stability.

29. Slop tanks.

30. Pumping, piping and discharge arrangement.

PART B - EQUIPMENT

31. Oil discharge monitoring and control system.

32. Oil/water interface detector.

33. Crude oil washing requirements.

PART C - CONTROL OFOPERATIONAL DISCHARGES OF OIL

34. Control of discharge of oil.

35. Crude oil washing operations.

36. Oil Record Book, Part II - Cargo/ballast operations.

CHAPTER 5

PREVENTION OF POLLUTION ARISING FROM AN OIL POLLUTION INCIDENT

37. Shipboard oil pollution emergency plan.

CHAPTER 6

RECEPTION FACILITIES

38. Reception facilities.

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CHAPTER 7

SPECIAL REQUIREMENTS FOR FIXED ORFLOATING PLATFORMS

39. Special requirements for fixed or floating platforms.

APPENDICES TOANNEX I

APPENDIX IAPPENDIX IIAPPENDIX III

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LIST OF OILSFORM OF10PP CERTIFICATE AND SUPPLEMENTSFORM OFOILRECORD BOOK


Annex for oil tankers shall also apply to the construction and operation of thosespaces, except that where such aggregate capacity is less than 1,000 cubic metresthe requirements of regulation 34.6 of this Annex may apply in lieu of regulations29, 31 and 32.

3 Where a cargo subject to the provisions of Annex II of the present Conventionis carried in a cargo space of an oil tanker, the appropriate requirements ofAnnex II of the present Convention shall also apply.

4 Where the requirements of regulations 29, 31 and 32 of this Annex shall notapply to oil tankers carrying asphalt or other products subject to the provisions ofthis Annex, which through their physical properties inhibit effective product/water separation and monitoring, for which the control of discharge underregulation 34 of this Annex shall be effected by the retention of residues on boardwith discharge of all contaminated washings to the reception facilities.

5 Subject to the provisions of paragraph 6 of this regulation, regulations 18.6 to18.8 of this Annex shall not apply to an oil tanker delivered on or before 1st June1982, as defined in regulation 1.28.3, solely engaged in specific trades between:

.1 ports or terminals within a State Party to the present Convention; or

.2 ports or terminals of States Parties to the present Convention, where:

.1 the voyage is entirely within a Special Area; or

.2 the voyage is entirely within other limits designated by theOrganisation.

6 The provisions of paragraph 5 of this regulation shall only apply when theports or terminals where cargo is loaded on such voyages are provided withreception facilities adequate for the reception and treatment of all the ballast andtank washing water from oil tankers using them and all the following conditionsare complied with:

.1 subject to the exceptions provided for in regulation 4 of this Annex, allballast water, including clean ballast water, and tank washing residues areretained on board and transferred to the reception facilities and theappropriate entry in the Oil Record Book Part II referred to in regulation36 of this Annex is endorsed by the competent Port State Authority;

.2 agreement has been reached between the Administration and theGovernments of the Port States referred to in paragraphs 5.1 or 5.2 of thisregulation concerning the use of an oil tanker delivered on or before1st June 1982, as defined in regulation 1.28.3, for a specific trade;

.3 the adequacy of the reception facilities in accordance with the relevantprovisions of this Annex at the ports or terminals referred to above, for thepurpose of this regulation, is approved by the Governments of the States

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