Ports and Harbours (Ports, Harbours and Dues) Regulations 2008

FOR REFERENCE ONLY (October 2011) 1 PORTS AND HARBOURS (PORTS, HARBOURS AND DUES) REGULATIONS 2008 In exercise of the powers conferred by subsection 15(1) of the Ports and harbours Enactment 2002 [No. 5 of 2002], the Minister makes the following regulations: PART I PRELIMINARY Citation and commencement 1. (1) These regulations may be cited as the Ports and Harbours (Ports, Harbours and Dues) Regulations 2008. (2) These Regulations come into operation on a date to be appointed by the Minister by notification in the Gazette. [1st June 2009] Interpretation 2. In these Regulations, unless the context otherwise requires – “customs officer” has the meaning assigned to the words “officer of customs” in section 2 of the Customs Act 1967 [Act 235]; “Department” means State Department of Ports and Harbours; “Director” means Director of the State Department of Ports and Harbours; “Enactment” means the Ports and Harbours Enactment 2002 [No. 5 of 2002]; “goods” includes livestock, minerals and wares and merchandise of every description; “GRT” means the Gross Registered Tonnage; “harbours” has the meaning as assigned to it in section 2 of the Enactment; FOR REFERENCE ONLY (October 2011) 2 “health officer” means any person appointed as such by the State Director of Health; “immigration officer” has the meaning assigned to the words “immigration officer” in section 2 of the Immigration Act 1959/63 [Act 155]; “pilot” means any person licensed as a pilot under regulation 4 of the Ports and Harbours (Pilotage) Regulations 2008; “owner” when used in relation to goods shall include any consignor, consignee, shipper or agent for the sale, custody or control of such goods and when used in relation to any vessel shall include a manager or secretary of any body or person, corporate or incorporate, any part-owner, charterer, consignee or mortgagee in possession of the vessel; “pier” includes any stage, stairs, landing place, landing stage, jetty, floating barge or pontoon and any bridge or other works connected therewith; “port officer” means any officer appointed under subsection 4(2) of the Enactment to be in charge of any port as maybe determined by the Director; “rates” includes any toll, dues, rent, fee or charge leviable under these Regulations; “safe speed” means speed at which a vessel can take proper and effective action to avoid a collision and can be stopped within a distance appropriate to the prevailing circumstances and conditions; “vessel” has the meaning assigned to it in section 2 of the Enactment. PART II PORTS Port limits 3. The places specified in the First Schedule are hereby prescribed as ports and the limits thereof shall be the areas described therein. FOR REFERENCE ONLY (October 2011) 3 Anchorages 4. The places specified in the Second Schedule are hereby prescribed as anchorages and the limits and radiuses shall be the areas described therein. Anchorages and prohibited anchorages 5. Quarantine, general, mid-stream, containers and tanker anchorages and prohibited anchorages shall be those defined in the Third Schedule and shall only be used as specified in the Schedule. Anchoring in prohibited anchorages 6. No vessel shall afloat or anchor in any of the prohibited anchorage specified in the Second Schedule except when passing through or from a wharf berth. Anchoring prohibition 7. No vessel shall anchor, berth, moor, lie or loiter – (a) at the direct approaches to any port; (b) in any principal fairway within a port; (c) in such manner as to obstruct the approach to any anchorage or wharf used by other vessels; (d) in any cable reserve or any anchorage specified in the Second Schedule except in the circumstances specified in such Schedule; and (e) in a position which is likely to foul a vessel which is anchored, moored or made fast to a buoy. Laid-up anchorages 8. Any vessel anchoring for the purpose of lay up shall comply with the Ports and Harbours (Laid-Up Vessels) Regulations 2008. FOR REFERENCE ONLY (October 2011) 4 PART III ARRIVAL AND DEPARTURE Arrival and departure flags signals 9. The master of every ship entering or leaving port between sunrise to sunset shall hoist the Malaysia ensign and the signal letters. The signal letters may be lowered when the ship is safely berthed and cleared but the Malaysia Ensign shall be exhibited from sunrise to sunset during the ship stay in port or anchorage. Arrival report 10. The master of every vessel, other than a small ship trading within coastal trade limits, shall report his arrival in the form as prescribed in the Fourth Schedule and at the same time shall hand in his last port clearance and document of security to the relevant Government Department or agency. Arrival and departure documents 11. The master of every vessel, other than a small ship trading within coastal trade limits, upon entering or leaving any port as specified in the First Schedule shall, if called upon to do so, produce to the port officer any or all of the documents as specified in the Fifth Schedule. Special signals 12. The master of every vessel arriving from outside Sabah shall exhibit the special signals contained in the Sixth Schedule and any such signal shall not be lowered until the instructions has been given. Landing on shores 13. No vessel shall approach to shore for the purpose of embarking or disembarking crew or passengers except at a designated landing point. Approach to vessels displaying signals 14. No vessel shall approach within two cables of any other vessel which is exhibiting those signals as mentioned in Sixth Schedule. FOR REFERENCE ONLY (October 2011) 5 Boarding and disembarking vessels 15. No person other than a pilot for the purpose of his duties may board or disembark from any vessel, whether at anchor or alongside any wharf, until the vessel is cleared inwards and the related signals, if any, have been given instructions to be lowered. Control of vessel traffic flow 16. Every vessel entering or leaving any port limits shall execute efficiently instructions relating to the control of vessels traffic flow directed by the port control prior to any follow up action for whatsoever intended operations in port by other parties. Port clearance 17. (1) No vessel, other than a small ship trading within coastal trade limits, shall leave any port limits without a valid port clearance and the document of security. (2) If the master of any ship obtains a port clearance and does not sail within 24 hours thereafter, he shall report to the port officer his reason for not sailing, and, if so required, obtain a fresh port clearance. (3) A port officer may refuse to issue port clearance to any ship whose owner or master has not complied with any written law for the time being in force and order the ship to shift to the appropriate anchorage without any cost to the Department. (4) Where under any other written law, a ship may be detained by any other agencies, a port officer may, refuse to issue an endorsement for port clearance to that ship. (5) A port officer shall not issue port clearance to any ship being detained, until the master of such ship has declared that the ship has cleared the reason she has been detained. (6) Any ship required by these Regulations to be registered or licensed or to have a document of security may be detained until the master of the ship, if so required by the port officer, produces evidence to the satisfaction of the port officer. FOR REFERENCE ONLY (October 2011) 6 Signals prior departure 18. (1) The master of every vessel other than a small ship trading within coastal trade limits about to proceed to sea shall notify the port officer and deliver his departure conditions. (2) The master of every such vessel shall, so far as possible, exhibit the International Code Flag “P” 24 hours prior to departure, and may, during the hours of daylight, sound one long blast 30 minutes before sailing. Withdrawal of port clearance 19. Any port clearance already issued under regulation 17 may be withdrawn if any breach of any law is discovered subsequent to the original issue of such clearance. PART IV NAVIGATION, BERTHING AND MOORING OF VESSELS Compliance with instructions 20. Every person in charge of a vessel shall comply with the instructions of the port officer, who may order such vessel to anchor or berth in any place he may direct, or prohibit anchoring or berthing in any place at any time, and who may order the vessel to be removed to another place within or outside the limits of the port, and such order shall be carried out by the master with immediate effect. Lights and shapes of vessel 21. All vessels whether lying at anchor or moored or navigating within port limits shall exhibit the respective lights and shapes as required by the Collision Regulations at Sea 1972. Speed 22. Mechanically-driven vessels under way in any river or port shall proceed with due caution and at a safe speed. FOR REFERENCE ONLY (October 2011) 7 Damage due to vessel’s wash 23. Any vessel causing by her wash shall be held primarily responsible for such damage in the absence of any contributory negligence on the part of the owner or person in charge of the property or vessels so damaged. Harbour crafts or fishing vessels in port limits 24. (1) Harbour crafts or fishing vessels shall not cross the bows or otherwise impede the movement of any sea-going vessel under way in the limits of the port and shall give all vessels as wide a berth as possible. (2) Nothing in this regulation shall relieve the pilot or master of a sea-going vessel from his duty to prevent a collision or accident wherever possible. Improper moorings, etc. 25. The The master or owner of a vessel shall be responsible for any insecure or improper mooring, anchoring or berthing of that vessel and for any damage caused by any defective mooring, anchoring or berthing or of any appliances used in connection therewith. Safety of vessel at wharf 26. The safety of any vessel using the wharf shall be the sole responsibility of the vessel’s master or owners. Use of fenders and tugs 27. Vessels coming alongside any wharf or other vessels shall be ready to provide and use suitable fenders of such material as will float and shall employ tugs assistance as required under the Ports and Harbours (Towage) Regulations 2008. Sinking of vessel in port limits 28. No person shall voluntarily sink, permanently strand, or voluntarily permit to be sunk or permanently stranded, any vessel or other craft in any port limits or harbours without first obtaining the permission of the port officer. FOR REFERENCE ONLY (October 2011) 8 Report of loss of anchor or cable or obstruction 29. The master of a vessel shall report immediately to the port officer the loss of any anchor or cable, or any obstruction caused by cargo dropped overboard within any port limits stating the position on the chart. PART V PORT LIMITS – GENERAL Report on damage to property, birth or death on board 30. In the event of any accident, damage to private or public property, or any birth or death or any casualty occurring to or on board any vessel within the port limits, the master shall report the same in writing to the port officer. Repairs to vessels in port limits 31. (1) Except within the limits of private premises, no repairs shall be made to any vessel whilst within any port limits of such a nature as to disable such vessel or prevent it from being controlled or moved by its own power without the previous sanction of the port officer. (2) In all cases of repairs to vessels in port limits, precautions to the satisfaction of the port officer shall be taken against fire and storm and the fire fighting apparatus on board such vessels shall be in constant readiness for immediate use. Fire on board in port limits 32. (1) In case of fire breaking out on board any vessel in any port limits, the master shall report to the port officer and take immediate steps to combat the fire and shall exhibit the appropriate signal as in the International Code of Signals (INTERCO). (2) The master shall cause any explosive or highly inflammable substance which may be on board to be removed from the vessel as soon as possible after the fire is discovered. (3) The master of any vessel on fire shall obey such orders relating to the movement or berthing of his vessel as may be given to him by the port officer, who may request assistance as may seem to him fit and give such orders as may seem to him FOR REFERENCE ONLY (October 2011) 9 necessary for scuttling such vessel or for removing such vessel to such other place as may seem to him proper to prevent danger to other vessels or to wharves or buildings or for extinguishing the fire, and on such orders not being carried out forthwith by the master of such vessel, the port officer may proceed to carry them into effect. Use of whistle, siren, etc. in port limits 33. No steam whistle, siren, mechanical horn or other like instrument shall be used within port limits except – (a) as a signal of danger or emergency; (b) in conformity with the Collision Regulations at Sea 1972; or (c) as required in subregulation 18(2). Loading or discharging of cannon, gun, etc. 34. No person shall, without the permission of a port officer, load or discharge any cannon, gun, firearm or firework on any vessel in any port limits or harbour. Signals for emergencies and certain circumstances 35. The signals to be exhibited in emergencies and certain circumstances in port limits are prescribed in the Sixth Schedule and International Code of Signals (INTERCO). Use of flood lights in port limits 36. No person shall exhibit a bright light such as a flood light in any port limits or from onshore projecting towards any area in the port limits in such a manner as to endanger navigation. Use of internal combustion engine 37. No vessel shall use an internal combustion engine in any port limits unless the exhaust pipe is fitted with an efficient silencers and proper meshes. FOR REFERENCE ONLY (October 2011) 10 Provision of safe access to vessel 38. Efficient, easy and safe means of access shall be provided to every vessel anchored or berthed within any port limits and such means of access shall be adequately illuminated from sunset to sunrise. Oil pollution by vessel in port limits or harbour 39. (1) If any oil or mixture containing oil is discharged into waters within port limits or in any harbour from any vessel or from any place on land, or from any apparatus used for transferring oil from or to any vessel (whether to or from a place on land or to or from another vessel), then subject to the provisions of this regulation and the MARPOL 1978 – (a) if the discharge is from a vessel, the owner or master of the vessel; (b) if the discharge is from a place on land, the occupier of that place; or (c) if the discharge is from apparatus used for transferring oil from or to a vessel, the master or the person in charge of the apparatus, commits an offence and shall on conviction be liable to a fine not exceeding thirty thousand ringgit or to a term of imprisonment not exceeding two years or to both. (2) Nothing in this regulation shall relieve the master or owner of the vessel, occupier of the place on land or the person in charge of the apparatus from his responsibility to clear and clean up the waters from oil at his own cost and expense. Provision of reception facilities 40. The Director may provide reception facilities for tank-clearing waste from any vessel provided that the owner or master of the vessel has notified the Director within a reasonable time. Emission of smoke, etc. from funnel 41. No vessel shall emit smoke, soot, ash, grit or oil from the funnel within port limits in such quantity as to be a nuisance. FOR REFERENCE ONLY (October 2011) 11 Navigational structures 42. (1) No navigational structures or mooring buoys shall be laid in any port limits without the written permission from the Director and in accordance with such conditions as he may think fit. (2) Such structures or buoys shall be kept and maintained in good condition and in the correct position by the owner at his own cost and expense, and the Director or any port officer may inspect the same and direct repairs or relaying or removal thereof at the owner’s cost and expense. Lightings at wharves 43. All wharves other than Government wharves, shall, if the Director deems it necessary, display lights of sufficient illuminations on such wharves with such colours, characteristics and in such position as the Director may require. Power of inspection 44. The Director or any officer authorized by the Director may at any time enter and inspect any structure constructed or any activities being carried out in any ports, harbours and rivers for the purpose of protecting and improving the navigability of such ports, harbours and rivers. PART VI DUES Dues payable 45. There shall be payable in respect of ports and harbours dues the amount as specified in the Seventh Schedule. PART VII PENALTY Penalty 46. Any person or corporation who contravenes any of the provisions under these Regulations commits an offence and shall on conviction be liable to a fine not exceeding FOR REFERENCE ONLY (October 2011) 12 five hundred thousand ringgit or for a term of imprisonment not exceeding two years or to both. FIRST SCHEDULE [Regulation 3 and 11] PORTS AND LIMITS 1. Kota Kinabalu Gaya Bay bounded by a line drawn from Tanjung Aru on the mainland to the most northerly point of Gaya Island and a line thence to Gaya Head with the passages and rivers entering the same 2. Kudat Kudat Bay bounded by a line drawn from Tiga Samil Point to Sandilands Rock and thence to Tanjung Kapor with all passages and rivers entering the same. 3. Lahad Datu A line drawn from Tanjung Melandong on the south-west point of Darvel Peninsula to the most westerly point of Sakar Island and thence to the mainland with all passages and rivers entering the same. 4. Mempakul A line drawn from Tanjung Sakat to Tanjung Klias and thence to the north or true right bank at the mouth of Sungai Kalidoran. 5. Sandakan Sandakan Bay bounded by a line drawn in a west-south-west direction from the northern point of Berhala Island to the mainland, and by another from the same point on Berhala Island to the most eastern extremity of Tanjung Aru on the south side of the bay together with all passages and rivers entering the same. 6. Semporna Northern limit, from the north point of Tanjung Tabu-tabu to the north point of Tanjung Manimpa. Southern limit, from the south point of Tanjung Hampalan Kajang FOR REFERENCE ONLY (October 2011) 13 towards west-south-west direction to the mainland. 7. Sipitang A line drawn from the point where the boundary of Sabah and Sarawak meets the sea to the north or true right bank at the mouth of the Sungai Lakutan. 8. Tawau A line drawn from Batu Tinagat on the mainland to the boundary mark on Sebatik Island between Kalimantan Indonesia and Sabah and thence through the Island to Blurs Point on the mainland, and thence intersecting all waterways to the west of Blurs Point entering the Serudong River. 9. Usukan A straight line drawn from the western extreme of Usukan Island to the north side to Ambong Point on the south side. (Extended to include Ambong Bay). 10. Weston A line drawn from the north or true right bank at the mouth of the Sungai Kalidoran to the north or true right bank at the mouth of the Sungai Lakutan. 11. Bakapit A straight line drawn from Shoal Point to Bagahak Point. 12. Kimanis Kimanis Bay bounded by a line drawn from the most westerly point of Tanjung Nosong passing through the most south easterly point of Pulau Tiga; and by another line from the most westerly point of Kuala Papar due west and where intercept. 13. Tungku The waters contained west of longitude 119 0 10’ East and North of latitude 04 0 57’. 14. Kunak The waters contained west of longitude 118 0 20’ East between the parallels of FOR REFERENCE ONLY (October 2011) 14 latitude 04 0 40’ and 4 0 45’ North. SECOND SCHEDULE [Regulation 4, 6 and paragraph 7(d)] ANCHORAGES 1. (a) Within 5 cables radius measured from position at - Kota Kinabalu Anchorages (i) “C-1” - Latitude 06 degrees 02.2 minutes North, Longitude 116 degrees 06.80 minutes East (ii) “C-2” - Latitude 06 degrees 02.5 minutes North, Longitude 116 degrees 03.60 minutes East (iii) “C-3” - Latitude 06 degrees 02.5 minutes North, Longitude 116 degrees 01.45 minutes East (iv) “C-4” - Latitude 06 degrees 02.5 minutes North, Longitude 116 degrees 09.84 minutes East (b) Within 3 cables radius measured from position at – “Q” - 06 degrees 01.52 minutes North, Longitude 116 degrees 03.81 minutes East (c) Area bounded within – (i) “G-1” - 06 degrees 01.95 minutes North, Longitude 116 degrees 04.61 minutes East 06 degrees 01.35 minutes North, Longitude 116 degrees 04.61 minutes East (ii) “G-2” - 06 degrees 01.95 minutes North, Longitude 116 degrees 05.61 minutes East 06 degrees 01.35 minutes North, Longitude 116 degrees 05.61 minutes East (d) As directed by port officer or in his behalf. 2. (a) Within 3 cables radius measured from position at - Kudat Anchorages FOR REFERENCE ONLY (October 2011) 15 “X” - Latitude 06 degrees 52.71 minutes North, Longitude 116 degrees 50.58 minutes East (b) Within 2 cables radius measured from position at – “G-1” - Latitude 06 degrees 52.55 minutes North, Longitude 116 degrees 51.21 minutes East (c) Within 3 cables radius measured from position at – “C-1” - 06 degrees 51.95 minutes North, Longitude 116 degrees 50.54 minutes East (d) As directed by port officer or his behalf. 3. (a) Within 8 cables radius measured from position at - Lahad Datu Anchorages (i) “x” - Latitude 05 degrees 01.15 minutes North, Longitude 118 degrees 20.72 minutes East (b) Within 3 cables radius measured from position at – (i) “M-1” - Latitude 04 degrees 57.74 minutes North, Longitude 118 degrees 24.97 minutes East (ii) “G-1” - Latitude 04 degrees 58.20 minutes North, Longitude 118 degrees 25.31 minutes East (iii) “G-2” - Latitude 04 degrees 58.65 minutes North, Longitude 118 degrees 25.72 minutes East (iv) “C-1” - Latitude 04 degrees 58.78 minutes North, Longitude 118 degrees 25.12 minutes East (v) “C-2” - Latitude 04 degrees 59.22 minutes North, Longitude 118 degrees 25.52 minutes East (vi) “Q” - Latitude 04 degrees 59.35 minutes North, Longitude 118 degrees 24.95 minutes East (c) As directed by port officer or his behalf. FOR REFERENCE ONLY (October 2011) 16 4. As directed by the port officer or his behalf. Mempakul Anchorages 5. (a) Within 3 cables radius measured from position at - Sandakan Anchorages “X” - Latitude 05 degrees 50.30 minutes North, Longitude 118 degrees 06.90 minutes East (b) Within 2 cables radius measured from position at – Northern Anchorages – (i) “Q” - Latitude 05 degrees 50.45 minutes North, Longitude 118 degrees 09.03 minutes East (ii) “G-1” - Latitude 05 degrees 50.09 minutes North, Longitude 118 degrees 08.82 minutes East (iii) “G-2” - Latitude 05 degrees 49.70 minutes North, Longitude 118 degrees 08.68 minutes East (iv) “C-1” - Latitude 05 degrees 49.31 minutes North, Longitude 118 degrees 08.59 minutes East (v) “C-2” - Latitude 05 degrees 49.60 minutes North, Longitude 118 degrees 08.28 minutes East (vi) “M-1” - Latitude 05 degrees 49.18 minutes North, Longitude 118 degrees 08.18 minutes East Southern Anchorages – (i) “M-2” - Latitude 05 degrees 48.78 minutes North, Longitude 118 degrees 07.10 minutes East (ii) “G-3” - Latitude 05 degrees 48.58 minutes North, Longitude 118 degrees 06.72 minutes East (iii) “G-4” - Latitude 05 degrees 48.32 minutes North, Longitude 118 degrees 06.39 minutes East (iv) “G-5” - Latitude 05 degrees 48.15 minutes North, Longitude 118 degrees 06.00 minutes East FOR REFERENCE ONLY (October 2011) 17 (v) “C-3” - Latitude 05 degrees 47.90 minutes North, Longitude 118 degrees 05.65 minutes East (vi) “C-4” - Latitude 05 degrees 47.66 minutes North, Longitude 118 degrees 05.30 minutes East (c) As directed by port officer or his behalf. 6. As directed by the port officer or his behalf. Semporna Anchorages 7. As directed by the port officer or his behalf. Sipitang Anchorages 8. (a) Within 8 cables of combined radius measured from position at - Tawau Anchorages (i) “x” - Latitude 04 degrees 13.30 minutes North, Longitude 117 degrees 54.32 minutes East and Latitude 04 degrees 14.65 minutes North, Longitude 117 degrees 52.65 minutes East (b) Within 5 cables radius measured from position at – (i) “Q” - Latitude 04 degrees 13.30 minutes North, Longitude 117 degrees 54.32 minutes East (ii) “G-1” - Latitude 04 degrees 11.40 minutes North, Longitude 117 degrees 53.95 minutes East (iii) “G-2” - Latitude 04 degrees 12.30 minutes North, Longitude 117 degrees 51.95 minutes East (iv) “C-1” - Latitude 04 degrees 12.80 minutes North, Longitude 117 degrees 51.00 minutes East (v) “C-2” - Latitude 04 degrees 13.30 minutes North, Longitude 117 degrees 50.10 minutes East (vi) “G-3” - Latitude 04 degrees 16.51 minutes North, Longitude 117 degrees 51.15 minutes East FOR REFERENCE ONLY (October 2011) 18 (c) As directed by port officer or his behalf. THIRD SCHEDULE [Regulation 5] PROHIBITED AND OTHER ANCHORAGE (i) Prohibited Anchorages No vessel shall anchor so as to swing within any of the following areas prefixed (“X”). (ii) Quarantine Anchorages A vessel which is required to proceed to a quarantine anchorage shall anchor within any of the following areas prefixed (“Q”). (iii) General Anchorages A vessel having cargoes other than Dangerous Cargo shall anchor within any of the following areas prefixed (“G”). With the consent of the port control, these vessels may be directed to anchor within any of the area prefixed (“M”) or (“C”) subject to sea room availability. (iv) Mid-Stream Anchorages A vessel having cargoes to be load or discharge whilst at anchor shall anchor within any of the following areas prefixed (“M”). With the consent of the port control, these vessels may be directed to anchor within any of the area prefixed (“G”) or (“C”) subject to sea room availability. (v) Containers Anchorages Container vessels shall anchor within any of the following areas prefixed (“C”). With the consent of the port control, these vessels may be directed to anchor within any of the area prefixed (“M”) or (“G”) subject to sea room availability. Container vessels carrying “dangerous” or “explosives” may be directed by the port control to anchor within the area prefixed (“T”). (vi) Tanker Anchorages Tanker vessels having on board cargoes classified as “petroleum”, “dangerous” or “explosives” shall anchor within any of the following areas prefixed (“T”). Tankers not carrying any “petroleum”, “dangerous” or “explosives”, with the consent of the port control may be directed to anchor within any of the area prefixed (“G”) or (“C”) subject to sea room availability. FOR REFERENCE ONLY (October 2011) 19 FOURTH SCHEDULE [Regulation 10] ARRIVAL REPORT IMO No. …………………………………………… At ………………………………………………………………….. Vessel and Call Sign ……………………………. Nationality (Flag) ..................................... Port of Registry ……………………………. Master’s Name ………….……………….. Net Tonnage ……………………………. Gross Tonnage …………………………... Date and Hour of Arrival (End of Passage): ……………………….…………………… Cargo on Board (to attach Cargo Plan): …………………………….……………… Crew List (to attach): ………………………….………………… Last Port of Call: …………………………….……………… Next Port of Call: ……………………………………………. Name of AGENTS: ……………………………………………. Passengers disembarking: Berthed ……………………. Unberthed ………………. Passengers in transit: Berthed ……………………. Unberthed ………………. Infectious or contagious disease on board: ………………………………………………………… Dangerous goods on board (to attach): …………………………………………………………….. Draft of Vessel: Fore ………………………… Aft …………………………… Length Overall: ……………………………………………. Maximum Breath: ……………………………………………. Air-draft: ……………………………………………. …………………………………………… Master of Vessel and Stamp FOR REFERENCE ONLY (October 2011) 20 FIFTH SCHEDULE [Regulation 11 and 45] ARRIVAL AND DEPARTURE DOCUMENTS WHEN REQUIRED 1. As per International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988: articles, annexes and certificates, (Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, (1) All ships. Note: All certificates to be carried on board must be original copies. All ships 2. As per International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988: articles, annexes and certificate, (Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, (1) All ships and in addition to the certificates listed in (1), Passenger ships shall carry – Passenger ships (a) Passenger Ship Safety Certificate (b) Exemption Certificate (c) Special Trade Passenger Ships Certificate (d) Special Trade Ship Passenger Ships Space Certificate (e) Search and Rescue Co-operation Plan (f) List of Operational Limitations (g) Decision Supports System for Masters Note: All certificates to be carried on board must be original copies. 3. As per International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988: articles, annexes and certificate, (Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and Certificates required to be carried on board ships, in addition to (1) All ships, Cargo ships shall carry – Cargos ships (a) Cargos ship Safety Construction Certificate (b) Cargo Ship Safety Equipment Certificate (c) Cargo Ship Safety Radio Certificate (d) Cargo Ship Safety Certificate FOR REFERENCE ONLY (October 2011) 21 (e) Exemption Certificate (f) Document of Compliance with the Special Requirements for Ships Carrying Dangerous Goods (g) Dangerous Goods Manifest or Stowage Plan (h) Document of Authorization for the Carriage of Grain (i) Certificate of Insurance or other Financial Security in respect of Civil Liability for Oil Pollution Damage (j) Enhance Survey Report File (k) Record of Oil Discharge Monitoring and Control System for the last Ballast Voyage (l) Bulk Carrier Booklet 4. As per International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988: articles, annexes and certificate, (Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, in addition to (1) All ships and (3) Cargo ships, Ships carrying noxious liquid chemical substances in bulk shall carry – Ship carrying noxious liquid chemical substances in bulk (a) International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (NLS Certificate (b) Cargo Record Book (c) Procedures and Arrangements manual (P & A Manual) (d) Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances 5. As per International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988: articles, annexes and certificate, (Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, in addition to (1) All ships and (3) Cargo ships, where applicable, any Chemical tanker shall carry – Chemical tanker Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. FOR REFERENCE ONLY (October 2011) 22 6. As per International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988: articles, annexes and certificate, (Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, in addition to (1) All ships and (3) Cargo ships, where applicable, any Gas carrier shall carry – Gas Carrier Certificate of Fitness for the Carriage of Liquefied Gases in Bulk or International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk. 7. As per International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988: articles, annexes and certificate, (Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, in addition to (1) All ships and (3) Cargo ships, where applicable, High speed craft shall carry – High speed craft (a) High Speed Craft Certificate (b) Permit to Operate High Speed Craft 8. As per International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988: articles, annexes and certificate, (Consolidated Edition 2001) Contents Part 2, Annex 2: Documents and certificates required to be carried on board ships, in addition to (1) All ships and (3) Cargo ships, where applicable, any ships carrying Irradiated nuclear fuel Cargo shall carry – Irradiated nuclear fuel International Certificate of Fitness for Carriage of Irradiated nuclear fuel Cargo 9. Other certificates – Other certificate (a) Special Purpose Ship Safety Certificate (b) Certificate for Offshore Support Vessels (c) Diving System Safety Certificate (d) Dynamically Supported Craft Construction and Equipment Certificate FOR REFERENCE ONLY (October 2011) 23 (e) Mobile Offshore Drilling Unit Safety Certificate (f) Noise Survey Report SIXTH SCHEDULE [Regulation 12, 14 and 35] SPECIAL SIGNALS 1. Significance By Day By Night Immigration (for ships not carrying passengers) International Code Signal “2 5” Two green lights, six feet apart, hoisted vertically where best seen. Immigration (for ships carrying passengers) International Code Signal “3 4” Two green lights, six feet apart, hoisted vertically where best seen. Quarantine (vessel is healty request pratique) Pratique messages shall be communicated in accordance with International Sanitary Regulations. Pratique messages shall be communicated in accordance with International Sanitary Regulations. Quarantine (vessel not received pratique) Pratique messages shall be communicated in accordance with International Sanitary Regulations. Pratique messages shall be communicated in accordance with International Sanitary Regulations. Request Police Assistance International Code “S T” A green over a white light, six feet apart hoisted vertically where best seen. Request Medical Assistance International Code Signal “W” A red light over a green light, six feet apart, hoisted vertically where best seen. 2 The master of every vessel, shall at the request of a custom officer cause the following signal to be hoisted – By Day - International Code Signal “G” FOR REFERENCE ONLY (October 2011) 24 By Night - A green light over a red light, six feet apart, hoisted vertically where best seen. SEVENTH SCHEDULE [Regulation 45] PORTS AND HARBOURS DUES Port and harbour dues payable by vessels shall be as follows: RM/sen (a) for every vessel either entering a port or harbour or having been constructed therein thence commissioned for service and for a maximum stay therein of thirty days thereafter, per GRT of the vessel ... … … 0.10 (subject to a minimum payment of RM4.00) (b) for each day or part thereof after the first thirty day, per GRT of the vessel 0.02 (subject to a minimum payment of RM2.00 per day) (c) vessels under 100 gross registered tons may in lieu of payments under item (a) and (b) above, pay an optional payment for each port or harbour per annum, per GRT of the vessel … … … … … … … … … 2.00 (subject to a minimum payment of RM10.00 per annum per port) (d) For every harbour craft plying for hire or reward, per GRT per annum … 2.00 (subject to a minimum payment of RM10.00 per annum) Made this 24 November 2008. DATUK RAYMOND TAN SHU KIAH, Minister of Infrastructure Development.