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Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No. 2 of 1986)

Schedule

International Convention for the Prevention of Pollution from Ships, 1973

Protocol of 1978

Relating to the International Convention for the Prevention of Pollution from Ships, 1973

Annexes : Regulations

Annex I : Regulations for the Prevention of Pollution by Oil

Chapter I : General

Regulation 1 : Definitions for the purpose of this Annex

 

(1) Oil means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are subject to the provisions of Annex 11 of the present Convention) and, without limiting the generality of the foregoing, includes the substances listed in Appendix I to this Annex.

 

(2) Oily mixture means a mixture with any oil content.

 

(3) Oil  fuel  means  any  oil  used  as  fuel  in  connection  with  the  propulsion  and  auxiliary machinery of the ship in which such oil is carried.

 

(4) Oil tanker means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and any "chemical tanker" as defined in Annex II of the present Convention when it is carrying a cargo or part cargo of oil in bulk.

 

(5) Combination carrier means a ship designed to carry either oil or solid cargoes in bulk.

 

(6) New ship means a ship:
(a) for which the building contract is placed after 31 December 1975; or
(b) in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 30 June 1976; or
(c) the delivery of which is after 31 December 1979; or
(d) which has undergone a major conversion:
(i) for which the contract is placed after 31 December 1975; or
(ii) in the absence of a contract, the construction work of which is begun after 30 June 1976; or
(iii) which is completed after 31 December 1979.

 

(7) Existing ship means a ship which is not a new ship.

 

(8) Major conversion means
(a) a conversion of an existing ship:
(i) which substantially alters the dimensions or carrying capacity of the ship; or
(ii) which changes the type of the ship; or
(iii) the intent of which in the opinion of the Administration is substantially to prolong its life; or
(iv) which otherwise so alters the ship that if it were a new ship, it would become subject to relevant provisions of the present Protocol not applicable to it as an existing ship.
(b) Notwithstanding the provisions of subparagraph (a) of this paragraph conversion of an existing oil tanker of 20 000 tons deadweight and above to meet the requirements of Regulation 13 of this Annex shall not be deemed to constitute a major conversion for the purpose of this Annex;

 

(c) Notwithstanding the provisions of subparagraph (a) of this paragraph, the conversion of an existing oil tanker to meet the requirements of Regulation 13F or 13G of this Annex shall not be deemed to constitute a major conversion for the purpose of this Annex.

 

(9) 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 Convention "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' South, longitude 142°08' East to a point in latitude 10°35' South, longitude 141°55' East, thence to a point latitude 10°00' South, longitude 142°00' East, thence to a point latitude 9°10' South, longitude 143°52' East, thence to a point latitude 9°00' South, longitude 144°30' East, thence to a point latitude 13°00' South, longitude 144°00' East, thence to a point latitude 15°00' South, longitude 146°00' East, thence to a point latitude 18°00' South, longitude 147°00' East, thence to a point latitude 21°00' South, longitude 153°00' East, thence to a point on the coast of Australia in latitude 24°42' South, longitude 153°15' East.

 

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

 

(11) Instantaneous rate of discharge of oil content means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant.

 

(12) Tank means an enclosed space which is formed by the permanent structure of a ship and which is designed for the carriage of liquid in bulk.

 

(13) Wing tank means any tank adjacent to the side shell plating.

 

(14) Centre tank means any tank inboard of a longitudinal bulkhead.

 

(15) Slop tank means a tank specifically designated for the collection of tank drainings, tank washings and other oily mixtures.

 

(16) Clean ballast means the ballast in a tank which since oil was last carried therein, has been so cleaned that effluent therefrom if it were discharged from a ship which is stationary into clean calm water on a clear day would not produce visible traces of oil on the surface of the water or on adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. If the ballast is discharged through an oil discharge monitoring and control system approved by the Administration, evidence based on such a system to the effect that the oil content of the effluent did not exceed 15 parts per million shall be determinative that the ballast was clean, notwithstanding the presence of visible traces.

 

(17) Segregated ballast means the ballast water introduced into a tank which is completely separated from the cargo oil and oil fuel system and which is permanently allocated to the carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious substances as variously defined in the Annexes of the present Convention.

 

(18) Length (L) means 96 per cent of the total length on a waterline at 85 per cent of the least moulded depth measured from the top of the keel, or the length from the foreside of the stern to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline.  The length (L) shall be measured in metres.

 

(19) Forward and after perpendiculars shall be taken at the forward and after ends of the length (L). The forward perpendicular shall coincide with the foreside of the stern on the waterline on which the length is measured.

 

(20) Amidships is at the middle of the length (L).

 

(21) Breadth (B) means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material.  The breadth (B) shall be measured in metres.

 

(22) Deadweight (DW) means the difference in metric tons between the displacement of a ship in water of a specific gravity of 1,025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship.

 

(23) Lightweight means the displacement of a ship in metric tons without cargo, fuel, lubricating oil, ballast water, fresh water and feed water in tanks, consumable stores, and passengers and crew and their effects.

 

(24) Permeability of a space means the ratio of the volume within that space which is assumed to be occupied by water to the total volume of that space.

 

(25) Volumes and areas in a ship shall be calculated in all cases to moulded lines.

 

(26) Notwithstanding the provisions of paragraph (6) of this Regulation, for the purposes of Regulations 13, 13B, 13E and 18 (4) of this Annex, new oil tanker means an oil tanker:
(a) for which the building contract is placed after 1 June 1979; of
(b) in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 1 January 1980; or
(c) the delivery of which is after 1 June 1982; or
(d) which has undergone a major conversion-
(i) for which the contract is placed after 1 June 1979; or
(ii) in the absence of a contract, the construction work of which is begun after 1 January 1980; or
(iii) which is completed after 1 June 1982,

except that, for oil tankers of 70 000 tons deadweight and above, the definition in paragraph (6) of this Regulation shall apply for the purposes of Regulation 13 (1) of this Annex.

 

(27) Notwithstanding the provisions of paragraph (7) of this Regulation, for the purposes of Regulation 13, 13A, 13B, 13C, 13D, 18(5) and 18(6)(c) of this Annex, existing oil tanker means an oil tanker which is not a new oil tanker as defined in paragraph (26) of this Regulation.

 

(28) Crude oil means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation and includes:
(a) crude oil from which certain distillate fractions may have been removed; and
(b) crude oil to which certain distillate fractions may have been added.

 

(29) Crude oil tanker means an oil tanker engaged in the trade of carrying crude oil.

 

(30) Product carrier means an oil tanker engaged in the trade of carrying oil other than crude oil.