Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No. 2 of 1986)ScheduleInternational Convention for the Prevention of Pollution from Ships, 1973Protocol of 1978Relating to the International Convention for the Prevention of Pollution from Ships, 1973Annexes : RegulationsAnnex II : Regulations for the Control of Pollution by Noxious Liquid Substances in BulkRegulation 9 : Cargo Record Book |
| (1) | Every ship to which this Annex applies shall be provided with a Cargo Record Book, whether as part of the ship's official logbook or otherwise, in the form specified in Appendix IV to this Annex. |
| (2) | The Cargo Record Book shall be completed, on a tank-to-tank basis, whenever any of the following operations with respect to a noxious liquid substance take place in the ship: |
| (i) | loading of cargo; |
| (ii) | internal transfer of cargo; |
| (iii) | unloading of cargo; |
| (iv) | cleaning of cargo tanks; |
| (v) | ballasting of cargo tanks; |
| (vi) | discharge of ballast from cargo tanks; |
| (vii) | disposal of residues to reception facilities; |
| (viii) | discharge into the sea or removal by ventilation of residues in accordance with Regulation 5 of this Annex. |
| (3) | In the event of any discharge of the kind referred to in Article 8 of the present Convention and Regulation 6 of this Annex of any noxious liquid substance or mixture containing such substance, whether intentional or accidental, an entry shall be made in the Cargo Record Book stating the circumstances of, and the reason for, the discharge. |
| (4) | When a surveyor appointed or authorized by the Government of the Party to the Convention to supervise any operations under this Annex has inspected a ship, then that surveyor shall make an appropriate entry in the Cargo Record Book. |
| (5) | Each operation referred to in paragraphs (2) and (3) of this Regulation shall be fully recorded without delay in the Cargo Record Book so that all the entries in the Book appropriate to that operation are completed. Each entry shall be signed by the officer or officers in charge of the operation concerned and each page shall be signed by the Master of the ship. The entries in the Cargo Record Book shall be in an official language of the State whose flag the ship is entitled to fly, and, for ships holding an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk or a Certificate referred to in Regulation 12A of this Annex in English or French. The entries in an official national language of the State whose flag the ship is entitled to fly shall prevail in case of a dispute or discrepancy. |
| (6) | The Cargo Record Book shall be kept in such a place as to be readily available for inspection and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be retained for a period of three years after the last entry has been made. |
| (7) | The competent authority of the Government of a Party may inspect the Cargo Record Book on board any ship to which this Annex applies while the ship is in its port, and may make a copy of any entry in that book and may require the Master of the ship to certify that the copy is a true copy of such entry. Any copy so made'.-which has been certified by the Master of the ship as a true copy of an entry in the ship's Cargo Record Book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of a Cargo Record Book and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed. |
