MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - CHAPTER 413K MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - LONG TITLE Empowering section VerDate:02/02/2007 (Cap 413, section 3(2)) [2 February 2007] L.N. 287 of 2006 (L.N. 7 of 2005) MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 1 (Omitted as spent) VerDate:02/02/2007 PART 1 GENERAL PROVISIONS MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 2 Interpretation VerDate:02/02/2007 In this Regulation, unless the context otherwise requires- "additional survey" (附加檢驗) means an additional survey referred to in section 26(1); "Annex IV" (附件IV) means the revised Annex IV to the Convention adopted by the International Maritime Organization by resolution MEPC.115(51), as from time to time revised or amended by the revision or amendment that applies to Hong Kong; "company" (公司), in relation to a ship, means- (a) the owner of the ship; or (b) any other person who has assumed responsibility for the operation of the ship, and on assuming such responsibility has agreed to take over all the duties and responsibilities imposed in respect of the ship by the Convention; "Convention" (《公約》) means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention; "Convention country" (公約國) means a country which is a party to the Convention; "from the nearest land" (距離最近陸地)- (a) in relation to all land other than the part of Australia mentioned in paragraph (b), means from the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state; (b) in relation to the part of the North-eastern coast of Australia which lies between the points 11o 00'S, 142o 08'E and 24o 42'S, 153o 15'E, means from the straight lines joining consecutively the following points- (i) 11o 00'S, 142o 08'E; (ii) 10o 35'S, 141o 55'E; (iii) 10o 00'S, 142o 00'E; (iv) 9o 10'S, 143o 52'E; (v) 9o 00'S, 144o 30'E; (vi) 10o 41'S, 145o 00'E; (vii) 13o 00'S, 145o 00'E; (viii) 15o 00'S, 146o 00'E; (ix) 17o 30'S, 147o 00'E; (x) 21o 00'S, 152o 55'E; (xi) 24o 30'S, 154o 00'E; and (xii) 24o 42'S, 153o 15'E; "Government surveyor" (政府驗船師) means the person appointed under section 4 to be a Government surveyor; "holding tank" (集存艙) means a tank used for the collection and storage of sewage; "Hong Kong ship" (香港船舶) means a ship registered under the Merchant Shipping (Registration) Ordinance (Cap 415); "initial survey" (初次檢驗) means an initial survey referred to in section 9(2)(a)(i); "international voyage" (國際航程) means a voyage from a Convention country to a port outside that Convention country, or vice versa; "ISPP Certificate" (國際防污水證書) means- (a) in relation to a Hong Kong ship- (i) a sewage certificate; (ii) an International Sewage Pollution Prevention Certificate issued by a recognized organization in conformity with Annex IV to the Convention; or (iii) an International Sewage Pollution Prevention Certificate issued by any Convention country on behalf of the Director in respect of a Hong Kong ship in conformity with Annex IV to the Convention; or (b) in relation to a non-Hong Kong ship, an International Sewage Pollution Prevention Certificate issued in conformity with Annex IV to the Convention; "non-Hong Kong ship" (非香港船舶) means a ship other than a Hong Kong ship; "recognized organization" (認可機構) means an organization recognized under section 5; "renewal survey" (續證檢驗) means a renewal survey referred to in section 9(2)(a)(ii); "sewage" (污水) means- (a) drainage or other wastes from any form of toilet or urinal; (b) drainage from medical premises via wash basins, wash tubs or scuppers located in such premises; (c) drainage from spaces containing living animals; or (d) other waste waters when mixed with any drainage or wastes specified in paragraph (a), (b) or (c) or any combination of them; "sewage certificate" (污水證書) means an International Sewage Pollution Prevention Certificate issued by the Director under section 9; "surveyor" (驗船師) means- (a) a Government surveyor; or (b) a recognized organization. "additional survey" (附加檢驗) "Annex IV" (附件IV) "company" (公司) "Convention" (《公約》) "Convention country" (公約國) "from the nearest land" (距離最近陸地) "Government surveyor" (政府驗船師) "holding tank" (集存艙) "Hong Kong ship" (香港船舶) "initial survey" (初次檢驗) "international voyage" (國際航程) "ISPP Certificate" (國際防污水證書) "non-Hong Kong ship" (非香港船舶) "recognized organization" (認可機構) "renewal survey" (續證檢驗) "sewage" (污水) "sewage certificate" (污水證書) "surveyor" (驗船師) MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 3 Application and exemption VerDate:02/02/2007 (1) Subject to subsections (2), (3) and (4), this Regulation applies to a ship that- (a) is engaged in international voyages; (b) is of 400 gross tonnage or above, or is of less than 400 gross tonnage but is certified to carry more than 15 persons; and (c) is- (i) a Hong Kong ship wherever it may be; or (ii) a non-Hong Kong ship within the waters of Hong Kong. (2) This Regulation does not apply to a ship- (a) the building contract for which is placed before 27 September 2003, or in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, before 27 September 2003; and (b) the delivery of which is before 27 September 2006. (3) This Regulation does not apply to- (a) warships; (b) naval auxiliaries; and (c) other ships owned or operated by a government and used only on government non-commercial service. (4) The Director may exempt any ship or class or description of ships from any of the requirements of this Regulation on such conditions as he may specify and he may, subject to giving reasons, alter or cancel any exemption so granted. (5) Subsection (2) expires at midnight on 26 September 2008. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 4 Appointment of Government surveyors VerDate:02/02/2007 The Director may appoint a person to be a Government surveyor for the purposes of this Regulation. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 5 Director may recognize organizations to survey ships and issue and endorse certificates VerDate:02/02/2007 (1) The Director may recognize any organization for the purposes of- (a) carrying out surveys in respect of Hong Kong ships in conformity with Annex IV to the Convention; (b) issuing International Sewage Pollution Prevention Certificates in respect of Hong Kong ships in conformity with that Annex; and (c) making endorsements on ISPP Certificates issued in respect of Hong Kong ships in conformity with that Annex. (2) For the purposes of this Regulation, an endorsement made on an ISPP Certificate by a recognized organization in conformity with Annex IV to the Convention has the same effect as an endorsement made by the Director under section 14. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 6 Director may request Convention countries to survey ships and issue or endorse certificates VerDate:02/02/2007 (1) The Director may request any Convention country- (a) to carry out a survey in respect of a Hong Kong ship on his behalf in conformity with Annex IV to the Convention; and (b) to issue an International Sewage Pollution Prevention Certificate in respect of the ship, or to make an endorsement on the ISPP Certificate issued in respect of the ship, on his behalf in conformity with that Annex. (2) For the purposes of this Regulation, an endorsement made on an ISPP Certificate by a Convention country on behalf of the Director in conformity with Annex IV to the Convention has the same effect as an endorsement made by the Director under section 14. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 7 Equivalents VerDate:02/02/2007 Where this Regulation requires that a particular fitting or equipment shall be fitted in a ship, the Director may allow any other fitting or equipment to be fitted in the ship if he is satisfied that such fitting or equipment is at least as effective as that required by this Regulation. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 8 Prohibition on engaging Hong Kong ships in international voyages without ISPP Certificates VerDate:02/02/2007 PART 2 PROHIBITION ON ENGAGING HONG KONG SHIPS IN INTERNATIONAL VOYAGES WITHOUT ISPP CERTIFICATES A Hong Kong ship to which this Regulation applies shall not be engaged in international voyages unless there is in force in respect of the ship an ISPP Certificate. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 9 Applications for issue of International Sewage Pollution Prevention Certificates VerDate:02/02/2007 PART 3 ISSUE OF INTERNATIONAL SEWAGE POLLUTION PREVENTION CERTIFICATES AND RELATED MATTERS (1) A company of a Hong Kong ship may apply to the Director for an International Sewage Pollution Prevention Certificate in respect of the ship. An application is to be accompanied by the prescribed fee in relation to the issue of the International Sewage Pollution Prevention Certificate. (2) The Director shall not issue an International Sewage Pollution Prevention Certificate in respect of a Hong Kong ship unless the Director is satisfied- (a) where the ship- (i) is one in respect of which an ISPP Certificate has never been issued, that an initial survey of the ship has been carried out in accordance with section 10; or (ii) is one in respect of which an ISPP Certificate has been issued, that a renewal survey of the ship has been carried out in accordance with section 10; and (b) that, on the evidence of a declaration of survey forwarded to the Director under section 10(4), the structure, equipment, systems, fittings, arrangements and material of the ship comply with the requirements under the Schedule and the equipment and associated piping system are in good working order. (3) An International Sewage Pollution Prevention Certificate issued under this section is valid for a period specified by the Director in accordance with section 12 or 17. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 10 Initial surveys and renewal surveys VerDate:02/02/2007 (1) An initial survey or renewal survey of a ship shall be carried out by a surveyor. (2) An initial survey of a ship shall include a complete survey of the structure, equipment, systems, fittings, arrangements and material of the ship. (3) A renewal survey of a ship shall, except where section 12(2) or (4)(b), 15, 16 or 17(2) is applicable, be carried out on a date not exceeding 5 years from the date of completion of the preceding initial survey or renewal survey, as may be applicable. (4) If, after having carried out an initial survey or renewal survey in respect of a ship, the surveyor is satisfied that the structure, equipment, systems, fittings, arrangements and material of the ship comply with the requirements under the Schedule and the equipment and associated piping system are in good working order, he shall- (a) make a declaration of survey to the effect that he is so satisfied; and (b) forward the declaration of survey to the Director. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 11 Form of sewage certificates VerDate:02/02/2007 (1) The Director may specify the form of a sewage certificate. (2) The form specified under subsection (1) shall correspond to the Form of Certificate set out in the Appendix to Annex IV to the Convention. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 12 Duration of sewage certificates VerDate:02/02/2007 (1) Subject to subsections (2) and (4), a sewage certificate issued as a result of an initial survey or renewal survey is valid for a period of not exceeding 5 years from the date of completion of the survey. (2) If the renewal survey carried out in respect of a Hong Kong ship is completed within 3 months before the expiry date of the existing ISPP Certificate in force in respect of the ship, the new sewage certificate issued as a result of the survey is valid from the date of completion of the survey to a date not exceeding 5 years from the expiry date of the existing ISPP Certificate. (3) If the renewal survey carried out in respect of a Hong Kong ship is completed more than 3 months before the expiry date of the existing ISPP Certificate in force in respect of the ship, the new sewage certificate issued as a result of the survey is valid from the date of completion of the survey to a date not exceeding 5 years from the date of completion of the survey. (4) If the renewal survey carried out in respect of a Hong Kong ship is completed after the expiry date of the existing ISPP Certificate in force in respect of the ship, the new sewage certificate issued as a result of the survey- (a) subject to paragraph (b), is valid from the date of completion of the survey to a date not exceeding 5 years from the expiry date of the existing ISPP Certificate; or (b) where the Director considers appropriate, is valid from the date of completion of the survey to a date not exceeding 5 years from the date of completion of the survey. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 13 Extension of period of validity VerDate:02/02/2007 (1) If an ISPP Certificate issued in respect of a Hong Kong ship is valid for a period of less than 5 years, the Director may on the application of the company or the master of the ship extend the period of validity of the Certificate beyond the expiry date. (2) Subsection (1) does not empower the Director to extend the period of validity of an ISPP Certificate in such a way that the Certificate will be valid for more than 5 years. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 14 Extension of period of validity where new sewage certificates cannot be issued, etc. before expiry of existing ISPP Certificates VerDate:02/02/2007 If, on an application for a sewage certificate, the Director is satisfied as to the matters set out in section 9(2)(a)(ii) and (b) but the new sewage certificate cannot be issued or placed on board the ship concerned before the expiry date of the existing ISPP Certificate in force in respect of the ship, the Director may- (a) extend the period of validity of the existing ISPP Certificate for a further period of not exceeding 5 months from the expiry date of the existing ISPP Certificate; and (b) endorse on the existing ISPP Certificate a statement to that effect. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 15 Extension of period of validity where ships are not in ports in which ships are to be surveyed VerDate:02/02/2007 (1) If an ISPP Certificate issued in respect of a Hong Kong ship expires when the ship is not in a port in which the ship is to be surveyed, the company or the master of the ship may apply to the Director for an extension of the period of validity of the Certificate. (2) The Director shall not grant an extension of the period of validity of an ISPP Certificate unless- (a) it is for the purpose of allowing the ship to complete its voyage to a port in which the ship is to be surveyed; and (b) the Director considers that it is proper and reasonable to do so. (3) Subject to subsection (4), the Director may, on granting an extension of the period of validity of an ISPP Certificate, extend the period of validity of the Certificate for a period of not exceeding 3 months from the expiry date of the Certificate. (4) If the period of validity of an ISPP Certificate has been extended under this section, the Certificate shall, notwithstanding such extension, expire when the ship completes its voyage to a port in which the ship is to be surveyed. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 16 Extension of period of validity where ships are on short voyages VerDate:02/02/2007 Where a Hong Kong ship in respect of which an ISPP Certificate has been issued is engaged in short voyages and the period of validity of the Certificate has not been extended under section 13(1) or 15(3), the Director may on the application of the company or the master of the ship extend the period of validity of the Certificate for a period of not exceeding 1 month from the expiry date of the Certificate. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 17 Duration of new sewage certificates where period of validity is extended under section 15 or 16 VerDate:02/02/2007 (1) If the period of validity of an existing ISPP Certificate issued in respect of a ship has been extended under section 15 or 16, the new sewage certificate issued in respect of the ship as a result of a renewal survey is valid from the date of completion of the survey to a date not exceeding 5 years from the expiry date of the existing ISPP Certificate before the extension was granted. (2) Notwithstanding subsection (1), where the Director considers appropriate, a new sewage certificate may be valid from the date of completion of the relevant survey to a date not exceeding 5 years from the date of completion of the survey. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 18 Where ISPP Certificates cease to be valid VerDate:02/02/2007 An ISPP Certificate issued in respect of a Hong Kong ship ceases to be valid- (a) if an additional survey of the ship is not carried out within the period specified by the Director under section 26(1); (b) if the ship is transferred to the registry of a place outside Hong Kong; or (c) if any alteration has been made, without the approval of the Director, to the structure, equipment, systems, fittings, arrangements or material of the ship covered by the initial or renewal survey leading to the issue, or additional survey leading to the endorsement, of the Certificate, other than an alteration that constitutes a direct replacement of such equipment or fittings. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 19 Certified true copies of sewage certificates VerDate:02/02/2007 The company of a Hong Kong ship in respect of which a sewage certificate has been issued may apply to the Director for the issue of a certified true copy of the certificate. An application is to be accompanied by the prescribed fee in relation to the issue of the certified true copy. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 20 Alteration made to sewage certificates VerDate:02/02/2007 (1) The company of a Hong Kong ship in respect of which a sewage certificate has been issued may request the Director to alter any particulars contained in the certificate. (2) The Director may refuse to make the alteration requested if he considers the alteration to be made is material. (3) If the Director agrees to make the alteration, he shall, upon receipt of the prescribed fee in relation to the alteration, alter the sewage certificate accordingly. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 21 Interpretation of Part 4 VerDate:02/02/2007 PART 4 DUTIES OF COMPANIES AND MASTERS, ADDITIONAL SURVEYS AND SUSPENSION OF VALIDITY OF ISPP CERTIFICATES, ETC. For the purposes of this Part, a serious accident occurs to a ship or there is a material defect in a ship if the accident or defect substantially affects- (a) the safety of the ship and persons on board the ship; (b) the ship to the extent that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment; or (c) the efficiency or completeness of the equipment of the ship- (i) where the ship is a Hong Kong ship, set out in the Schedule; (ii) where the ship is a non-Hong Kong ship, set out in the provisions of Annex IV to the Convention that are equivalent to the provisions of the Schedule. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 22 Duty to keep ISPP Certificates on ships VerDate:02/02/2007 An ISPP Certificate issued in respect of a ship shall be kept on board the ship and be available for inspection by a Government surveyor at all reasonable time. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 23 Duty to maintain condition of ships VerDate:02/02/2007 The condition of a Hong Kong ship in respect of which an ISPP Certificate has been issued, and its equipment, shall be maintained so as to comply with the requirements under the Schedule to ensure that the ship in all respects remains fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 24 Duty to report defects of ships, etc. VerDate:02/02/2007 (1) Where a serious accident occurs to, or a material defect is discovered in, a ship in respect of which an ISPP Certificate has been issued, the company or the master of the ship- (a) shall immediately report the accident or defect to the Director; and (b) where the ship is a Hong Kong ship that is in a port of any Convention country, shall immediately report the accident or defect to the appropriate authority of that country. (2) On receiving a report under subsection (1)(a), the Director may, where the ship concerned is a Hong Kong ship, cause an investigation to be initiated and determine whether a survey is necessary. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 25 Actions against ships that are not fit to proceed to sea without presenting unreasonable threat of harm to marine environment, etc. VerDate:02/02/2007 (1) If the Director has reasonable ground to believe that- (a) the condition of a ship in respect of which an ISPP Certificate has been issued, or its equipment, does not correspond substantially with the particulars contained in the Certificate; or (b) the condition of a ship in respect of which an ISPP Certificate has been issued is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, he may appoint a surveyor to carry out an investigation and report to him. (2) Where the Director appoints a surveyor under subsection (1), the Director shall inform the company or the master of the ship concerned of the appointment. (3) If, on receiving a report under subsection (1) concerning a Hong Kong ship, the Director is satisfied that- (a) the matter referred to in subsection (1)(a) or (b) is established; and (b) the corrective action which in the opinion of the surveyor is required has not been taken within the period specified by the surveyor or, in the absence of such a specified period, a reasonable period, the Director may, by notice in writing to the company of the ship, suspend the validity of the ISPP Certificate issued in respect of the ship. (4) On receiving a notice under subsection (3), the company of the ship concerned shall forthwith cause to be delivered to the Director the ISPP Certificate issued in respect of the ship. (5) Where the validity of an ISPP Certificate issued in respect of a Hong Kong ship has been suspended under subsection (3), the company of the ship may, after the corrective action referred to in subsection (3)(b) has been taken in respect of the ship, apply to the Director for the restoration of the validity of the Certificate. (6) On receiving an application for the restoration of the validity of an ISPP Certificate under subsection (5), the Director shall, if he is satisfied that the corrective action referred to in subsection (3)(b) has been taken in respect of the Hong Kong ship concerned after the suspension, restore the validity of the Certificate. (7) Where the Director restores the validity of an ISPP Certificate under subsection (6), he shall notify the company of the Hong Kong ship concerned in writing of the restoration and return the Certificate to the company. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 26 Additional surveys VerDate:02/02/2007 (1) If- (a) the Director has reasonable ground to believe that section 23 is not complied with in respect of a Hong Kong ship; (b) after an ISPP Certificate has been issued, or endorsed under subsection (4), in respect of a Hong Kong ship, any alteration has been made, with the approval of the Director, to the structure, equipment, systems, fittings, arrangements or material of the ship covered by the survey leading to the issue or endorsement of the Certificate; (c) the Director determines under section 24(2) that it is necessary to carry out a survey in respect of a Hong Kong ship; (d) the Director has reasonable ground to believe that, after an ISPP Certificate has been issued, or endorsed under subsection (4), in respect of a Hong Kong ship, important repairs or renewals have been made to the ship; or (e) the Director has reasonable ground to believe that a serious accident has occurred to a Hong Kong ship in respect of which an ISPP Certificate has been issued, or that there is a material defect in the ship, the Director may require that an additional survey, either general or partial as the Director thinks fit, be carried out in respect of the ship by a surveyor within a reasonable period specified by the Director. (2) Where the Director requires that an additional survey be carried out in respect of a Hong Kong ship under subsection (1), he shall inform the company or the master of the ship of the requirement. (3) If, after having carried out an additional survey in respect of a Hong Kong ship, the surveyor is satisfied that- (a) the ship in all respects complies with the requirements under the Schedule; and (b) the ship is fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, he shall make a declaration of survey to the effect that he is so satisfied and forward the declaration of survey to the Director. (4) If, on receiving a declaration of survey in respect of a Hong Kong ship under subsection (3), the Director is satisfied- (a) that an additional survey in respect of the ship has been carried out; and (b) that, on the evidence of the declaration of survey, the ship in all respects complies with the requirements under the Schedule and is fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, he shall cause to be endorsed on the ISPP Certificate issued in respect of the ship a statement to the effect that he is so satisfied. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 27 Cancellation of ISPP Certificates VerDate:02/02/2007 (1) The Director may, by notice in writing to the company of a Hong Kong ship, cancel an ISPP Certificate issued or endorsed in respect of the ship if he has reasonable ground to believe that the Certificate was issued or endorsed on the basis of false or erroneous information. (2) The Director shall give reasons for cancelling an ISPP Certificate. (3) On receiving a notice under subsection (1), the company of the ship concerned shall forthwith cause to be delivered to the Director the ISPP Certificate issued in respect of the ship. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION,MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 28 Restriction on discharge of sewage into sea VerDate:09/05/2008 PART 5 RESTRICTION ON DISCHARGE OF SEWAGE INTO SEA (1) No sewage may be discharged into the sea from a ship to which this Regulation applies unless- (a) in the case where the sewage is comminuted and disinfected, all of the following conditions are complied with- (i) the ship is discharging the sewage using a system referred to in section 1(b) of the Schedule or a sewage comminuting and disinfecting system specified in the ISPP Certificate issued in respect of the ship, at a distance of more than 3 nautical miles from the nearest land; (ii) the sewage that has been stored in holding tanks is not discharged instantaneously; (iii) the effluent does not produce visible floating solids nor cause discoloration of the surrounding water; and (iv) the ship is proceeding en route at not less than 4 knots; (b) in the case where the sewage is not comminuted or disinfected, all of the following conditions are complied with- (i) the sewage is discharged at a distance of more than 12 nautical miles from the nearest land; (ii) the sewage that has been stored in holding tanks is not discharged instantaneously; (iii) the effluent does not produce visible floating solids nor cause discoloration of the surrounding water; and (iv) the ship is proceeding en route at not less than 4 knots; or (c) in the case where the ship has in operation a sewage treatment plant referred to in section 1(a) of the Schedule or a sewage treatment plant specified in the ISPP Certificate issued in respect of the ship- (i) the test results of the plant are laid down in the ISPP Certificate issued in respect of the ship; and (ii) the effluent does not produce visible floating solids nor cause discoloration of the surrounding water. (2) For the avoidance of doubt, when the sewage is mixed with wastes or waste water which is regulated by any other regulations under the Ordinance, those regulations shall be complied with in addition to this Regulation. (10 of 2008 s. 66) MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 29 Exceptions to section 28 VerDate:02/02/2007 Section 28 does not apply if the discharge of sewage into the sea from a ship- (a) is necessary for the purpose of securing the safety of the ship and persons on board the ship or of saving life at sea; (b) results from damage to the ship or its equipment, provided that all reasonable steps had been taken before and after the occurrence of the damage for the purpose of preventing or minimizing the discharge of sewage; or (c) is made- (i) in waters within the jurisdiction of another place; and (ii) in accordance with the law of that place. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SECT 30 Offences and penalties VerDate:02/02/2007 PART 6 OFFENCES AND PENALTIES (1) If section 8, 22, 23, 24(1) or 28(1) is contravened, the company and the master of the ship concerned each commits an offence and is liable- (a) on conviction upon indictment, to a fine at level 6; (b) on summary conviction, to a fine at level 3. (2) If section 25(4) or 27(3) is contravened, the company of the ship concerned commits an offence and is liable- (a) on conviction upon indictment, to a fine at level 6; (b) on summary conviction, to a fine at level 3. (3) If a person is charged under this section for contravening a provision of this Regulation, it is a defence of the person to show that he had taken all reasonable steps to ensure that the provision was complied with. MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE) REGULATION - SCHEDULE SCHEDULE VerDate:02/02/2007 [sections 9, 10, 21, 23, 26 & 28] REQUIREMENTS FOR EQUIPMENTS, ETC. 1. The ship concerned shall be equipped with- (a) a sewage treatment plant which is in compliance with the International Effluent Standards for Sewage Treatment Plants and the Guidelines for Performance Tests for Sewage Treatment Plants with respect to Effluent Standards adopted by the International Maritime Organization by resolution MEPC.2(VI); (b) a sewage comminuting and disinfecting system fitted with facilities for the temporary storage of sewage when the ship is at a distance of not more than 3 nautical miles from the nearest land; or (c) a holding tank with a capacity or holding tanks with total capacity adequate to retain all the sewage produced on board the ship in any voyage that may be engaged by the ship until the sewage is discharged from the ship properly in accordance with section 28(1) of this Regulation. The holding tank shall have a means to indicate visually the amount of its content. 2. The ship concerned shall be equipped with a discharge manifold for connection to reception facilities for the discharge of sewage. The discharge manifold shall be located on the open deck of the ship with piping. This piping shall be fitted with a flange in accordance with the following dimensions- Description Dimension Outside diameter 210 mm Inner diameter According to pipe outside diameter Bolt circle diameter 170 mm Slots in flange 4 holes, 18 mm in diameter, equidistantly placed on a bolt circle of 170 mm diameter, slotted to the flange periphery, the slot width to be 18 mm Flange thickness 16 mm Bolts and nuts: quantity and diameter 4 each of 16 mm in diameter and of suitable length The flange shall be designed to accept pipes up to a maximum internal diameter of 100 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a suitable gasket, shall be suitable for a service pressure of 600 kPa.