(1)
| (a) |
The Government of each Party to the Convention shall appoint or authorize surveyors for the purpose of implementing this Regulation. The surveyors shall execute control in accordance with control procedures developed by the Organization. |
| (b) |
The master of a ship carrying noxious liquid substances in bulk shall ensure that the provisions of Regulation 5 and this Regulation have been complied with and that the Cargo Record Book is completed in accordance with Regulation 9 of this Annex whenever operations as referred to in that Regulation take place. |
| (c) |
An exemption referred to in paragraph (2)(b), (5)(b), (6)(c) or (7)(c) of this Regulation may only be granted by the Government of the receiving Party to a ship engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention. When such an exemption has been granted, the appropriate entry made in the Cargo Record Book shall be endorsed by the surveyor referred to in subparagraph (a) of this paragraph. |
Category A Substances in all Areas
| (2) |
With respect to Category A substances the following provisions shall apply in all areas: |
| (a) |
A tank which has been unloaded shall, subject to the provisions of subparagraph (b) of this paragraph, be washed in accordance with the requirements of paragraph (3) or (4) of this Regulation before the ship leaves the port of unloading. |
| (b) |
At the request of the ship's master, the Government of the receiving Party may exempt the ship from the requirements referred to in subparagraph (a) of this paragraph, where it is satisfied that: |
| (i) |
the tank unloaded is to be reloaded with the same substance or another substance compatible with the previous one and that the tank will not be washed or ballasted prior to loading; or |
| (ii) |
the tank unloaded is neither washed nor ballasted at sea and the provisions of paragraph (3) or (4) of this Regulation are complied with at another port provided that it has been confirmed in writing that a reception facility at that port is available and is adequate for such a purpose; or |
| (iii) |
the cargo residues will be removed by a ventilation procedure approved by the Administration and based on standards developed by the Organization. |
| (3) |
If the tank is to be washed in accordance with paragraph (2)(a) of this Regulation, the effluent from the tank washing operation shall be discharged to a reception facility at least until the concentration of the substance in the discharge, as indicated by analyses of samples of the effluent taken by the surveyor, has fallen to the concentration specified in Regulation 5(1) and (7), as applicable, of this Annex. When the required concentration has been achieved, remaining tank washings shall continue to be discharged to the reception facility until the tank is empty. Appropriate entries of these operations shall be made in the Cargo Record Book and endorsed by the surveyor referred to under paragraph (1)(a) of this Regulation. |
| (4) |
Where the Government of the receiving party is satisfied that it is impracticable to measure the concentration of the substance in the effluent without causing undue delay to the ship, that party may accept an alternative procedure as being equivalent to paragraph (3) of this Regulation provided that: |
| (a) |
the tank is prewashed in accordance with a procedure approved by the Administration and based on standards developed by the Organization; and |
| (b) |
the surveyor referred to under paragraph (1)(a) certifies in the Cargo Record Book that: |
| (i) |
the tank, its pump and piping systems have been emptied; and |
| (ii) |
the prewash has been carried out in accordance with the prewash procedure approved by the Administration for that tank and that substance; and |
| (iii) |
the tank washings resulting from such prewash have been discharged to a reception facility and the tank is empty. |
Category B and C Substances Outside Special Areas
| (5) |
With respect to Category B and C substances, the following provisions shall apply outside Special Areas: |
| (a) |
A tank which has been unloaded shall, subject to the provisions of subparagraph (b) of this paragraph, be prewashed before the ship leaves the port of unloading, whenever: |
| (i) |
the substance unloaded is identified in the standards developed by the Organization as resulting in a residue quantity exceeding the maximum quantity which may be discharged into the sea under Regulation 5(2) or (3) of this Annex in case of Category B or C substances respectively; or |
| (ii) |
the unloading is not carried out in accordance with the pumping conditions for the tank approved by the Administration and based on standards developed by the Organization as referred to under Regulation 5A(5) of this Annex, unless alternative measures are taken to the satisfaction of the surveyor referred to in paragraph (1)(a) of this Regulation, to remove the cargo residues from the ship to quantities specified in Regulation 5A of this Annex as applicable. |
The prewash procedure used shall be approved by the Administration and based on standards developed by the Organization and the resulting tank washings shall be discharged to a reception facility at the port of unloading.
| (b) |
At the request of the ship's master, the Government of the receiving party may exempt the ship from the requirements of subparagraph (a) of this paragraph, where it is satisfied that: |
| (i) |
the tank unloaded is to be reloaded with the same substance or another substance compatible with the previous one and that the tank will not be washed nor ballasted prior to loading; or |
| (ii) |
the tank unloaded is neither washed nor ballasted at sea and the tank is prewashed in accordance with a procedure approved by the Administration and based on standards developed by the Organization and resulting tank washings are discharged to a reception facility at another port, provided that it has been confirmed in writing that a reception facility at that port is available and adequate for such a purpose; or |
| (iii) |
the cargo residues will be removed by a ventilation procedure approved by the Administration and based on standards developed by the Organization. |
Category B Substances within Special Areas
| (6) |
With respect to Category B substances, the following provisions shall apply within Special Areas: |
| (a) |
A tank which has been unloaded shall, subject to the provisions of subparagraph (b) and (c), be prewashed before the ship leaves the port of unloading. The prewashed procedure used shall be approved by the Administration and based on standards developed by the Organization and the resulting tank washings shall be discharged to a reception facility at the port of unloading. |
| (b) |
The requirements of subparagraph (a) of this paragraph do not apply when all the following conditions are satisfied: |
| (i) |
The Category B substance unloaded is identified in the standards developed by the Organization as resulting in a residue quantity not exceeding the maximum quantity which may be discharged into the sea outside Special Areas under Regulation 5 (2) of this Annex, and the residues are retained on board for subsequent discharge into the sea outside the Special Area in compliance with Regulation 5 (2) of this Annex; and |
| (ii) |
the unloading is carried out in accordance with the pumping conditions for the tank approved by the Administration and based on standards developed by the Organization as referred to under Regulation 5A (5) of this Annex, or failing to comply with the approved pumping conditions, alternative measures are taken to the satisfaction of the surveyor referred to in paragraph (1)(a) of this Regulation, to remove the cargo residues from the ship to quantities specified in Regulation 5A of this Annex as applicable. |
| (c) |
At the request of the ship's master, the Government of the receiving party may exempt the ship from the requirements of subparagraph (a) of this paragraph, where it is satisfied that: |
| (i) |
the tank unloaded is to be reloaded with the same substance or another substance compatible with the previous one and that the tank will not be washed or ballasted prior to loading; or |
| (ii) |
the tank unloaded is neither washed nor ballasted at sea and the tank is prewashed in accordance with a procedure approved by the Administration and based on standards developed by the Organization and resulting tank washings are discharged to a reception facility at another port, provided that it has been confirmed in writing that a reception facility at that port is available and adequate for such a purpose; or |
| (iii) |
the cargo residues will be removed by a ventilation procedure approved by the Administration and based on standards developed by the Organization. |
Category C Substances within Special Areas
| (7) |
With respect to Category C substances, the following provisions shall apply within Special Areas: |
| (a) |
A tank which has been unloaded shall, subject to the provisions of subparagraphs (b) and (c) of this paragraph, be prewashed before the ship leaves the port of unloading, whenever. |
| (i) |
the Category C substances unloaded is identified in the standards developed by the Organization as resulting in a residue quantity exceeding the maximum quantity which may be discharged into the sea under Regulation 5(9) of this Annex; or |
| (ii) |
the unloading is not carried out in accordance with the pumping conditions for the tank approved by the Administration and based on standards developed by the Organization as referred to under Regulation 5A(5) of this Annex, unless alternative measures are taken to the satisfaction of the surveyor referred to in paragraph (1)(a) of this Regulation, to remove the cargo residues from the ship to quantities specified in Regulation 5A of this Annex as applicable. |
The prewash procedure used shall be approved by the Administration and based on standards developed by the Organization and the resulting tank washings shall be discharged to a reception facility at the port of unloading.
| (b) |
The requirements of subparagraph (a) of this paragraph do not apply when all the following conditions are satisfied: |
| (i) |
the Category C substance unloaded is identified in the standards developed by the Organization as resulting in a residue quantity not exceeding the maximum quantity which may be discharged into the sea outside Special Areas under Regulation 5(3) of this Annex, and the residues are retained on board for subsequent discharge into the sea outside the Special Area in compliance with Regulation 5(3) of this Annex; and |
| (ii) |
the unloading is carried out in accordance with the pumping conditions for the tank approved by the Administration and based on standards developed by the Organization as referred to under Regulation 5A(5) of this Annex, or failing to comply with the approved pumping conditions, alternative measures are taken to the satisfaction of the surveyor referred to in paragraph (1)(a) of this Regulation, to remove the cargo residues from the ship to quantities specified in Regulation 5A of this Annex as applicable. |
| (c) |
At the request of the ship's master, the Government of the receiving party may exempt the ship from the requirements of subparagraph (a) of this paragraph, where it is satisfied that: |
| (i) |
the tank unloaded is to be reloaded with the same substance or another substance compatible with the previous one and that the tank will not be washed or ballasted prior to loading; or |
| (ii) |
the tank unloaded is neither washed nor ballasted at sea and the tank is prewashed in accordance with a procedure approved by the Administration and based on standards developed by the Organization and resulting tank washings are discharged to a reception facility at another port, provided that it has been confirmed in writing that a reception facility at that port is available and adequate for such a purpose; or |
| (iii) |
the cargo residues will be removed by a ventilation procedure approved by the Administration and based on standards developed by the Organization. |
Category D Substance in all Areas
| (8) |
With respect to Category D substances, a tank which has been unloaded shall either be washed and the resulting washings shall be discharged to a reception facility, or the remaining residues in the tank shall be diluted and discharged into the sea in accordance with Regulation 5 (4) of this Annex. |
Discharge from a Slop Tank
| (9) |
Any residues retained on board in a slop tank, including those from cargo pump room bilges, which contain a Category A substance, or within a special area either a Category A or a Category B substance, shall be discharged to a reception facility in accordance with the provisions of Regulation 5(1), (7) or (8) of this Annex, whichever is applicable. |
South African Institute for Drug Free Sport Act, 1997
