Prevention of Pollution of the Sea (Oil) Regulations, 2008

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 the Prevention of Pollution of the Sea Order, 2005, the Minister of Communications, with the approval of His Majesty the Sultan and Yang Di-Pertuan, hereby makes the 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 for the prevention of pollution by oil and which is set out in the First Schedule; "authorised organisation" means an organisation authorised by regulations made under section 31 for the purposes of surveying ships and issuing certificates under that Order; "BOPP Certificate" means a Brunei Oil Pollution Prevention Certificate issued 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 Prevention Certificate issued under regulation 7 of Annex I by the Administration of any Contracting Party to the Convention; "Organisation" means the International Maritime Organisation. Application. 3. (1) Annex I, with the exception of regulation 38 thereof, shall, subject to these Regulations, have the force of law in Brunei Darussalam. [2) A provision of Annex I interpreted or explained by a provision of these Regulations shall be read as having the same meaning attributed by that provision. 2656 BRUNEI DARUSSALAM GOVERNMENT GAZETTE believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that Certificate. (3) In that case referred to in sub-regulation (2), or if the ship does not carry a valid IOPP Certificate or BOPP Certificate, the surveyor of ships shall take such steps as he may consider necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. (4) The Director may in such a case permit the ship to proceed to the nearest appropriate repair yard. (5) Upon receiving evidence that a particular ship has discharged oil or an oily mixture contrary to these Regulations, the Director shall cause the matter to be investigated by an inspector and shall inform the State which has reported the contravention as well as the Organisation of the action taken. (6) The Director may also cause a ship other than a Brunei Darussalam ship to be inspected by an inspector when it enters Brunei Darussalam waters if a request for an investigation is received from any Contracting Party together with sufficient evidence that the ship has discharged oil or an oily mixture contrary to the provisions of Annex I 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. 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 for a voyage from Brunei Darussalam to a port or place outside Brunei Darussalam waters, 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, until the IOPP Certificate is so produced. 2658 BRUNEI DARUSSALAM GOVERNMENT GAZETTE 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. 2660 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 or after 6th July 1996. 20. Double hull and double bottom requirements for oil tankers delivered before 6th 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. 2661 BRUNEI DARUSSALAM GOVERNMENT GAZETTE 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. 2662 9th. SEPTEMBER, 2008 CHAPTER 7 SPECIAL REQUIREMENTS FOR FIXED ORFLOATING PLATFORMS 39. Special requirements for fixed or floating platforms. APPENDICES TOANNEX I APPENDIX I APPENDIX II APPENDIX III 2663 LIST OF OILS FORM OF10PP CERTIFICATE AND SUPPLEMENTS FORM OFOILRECORD BOOK 9th. SEPTEMBER, 2008 Annex for oil tankers shall also apply to the construction and operation of those spaces, except that where such aggregate capacity is less than 1,000 cubic metres the requirements of regulation 34.6 of this Annex may apply in lieu of regulations 29, 31 and 32. 3 Where a cargo subject to the provisions of Annex II of the present Convention is carried in a cargo space of an oil tanker, the appropriate requirements of Annex II of the present Convention shall also apply. 4 Where the requirements of regulations 29, 31 and 32 of this Annex shall not apply to oil tankers carrying asphalt or other products subject to the provisions of this Annex, which through their physical properties inhibit effective product/ water separation and monitoring, for which the control of discharge under regulation 34 of this Annex shall be effected by the retention of residues on board with discharge of all contaminated washings to the reception facilities. 5 Subject to the provisions of paragraph 6 of this regulation, regulations 18.6 to 18.8 of this Annex shall not apply to an oil tanker delivered on or before 1st June 1982, 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 the Organisation. 6 The provisions of paragraph 5 of this regulation shall only apply when the ports or terminals where cargo is loaded on such voyages are provided with reception facilities adequate for the reception and treatment of all the ballast and tank washing water from oil tankers using them and all the following conditions are complied with: .1 subject to the exceptions provided for in regulation 4 of this Annex, all ballast water, including clean ballast water, and tank washing residues are retained on board and transferred to the reception facilities and the appropriate entry in the Oil Record Book Part II referred to in regulation 36 of this Annex is endorsed by the competent Port State Authority; .2 agreement has been reached between the Administration and the Governments of the Port States referred to in paragraphs 5.1 or 5.2 of this regulation concerning the use of an oil tanker delivered on or before 1st June 1982, as defined in regulation 1.28.3, for a specific trade; .3 the adequacy of the reception facilities in accordance with the relevant provisions of this Annex at the ports or terminals referred to above, for the purpose of this regulation, is approved by the Governments of the States 2673