Shipping (MARPOL) (Jersey)
Regulations 2012
1 Interpretation
In these Regulations –
“Administration” has the meaning set out in Regulation 2;
“Annex I” means Annex I to the MARPOL
Convention;
“Annex II” means Annex II to the MARPOL
Convention;
“discharge” has the meaning set out in Regulation 3;
“function” includes power and duty;
“harmful substance” means any substance that, if
introduced into the sea, is liable to create hazards to human health, liable to
harm living resources and marine life, liable to damage amenities or liable to
interfere with other legitimate uses of the sea, and includes any substance
subject to control by the MARPOL Convention;
“incident” means an event involving the actual or
probable discharge into the sea of a harmful substance, or effluents containing
such a substance;
“the Law” means the Shipping (Jersey) Law 2002;
“MARPOL Convention” has the meaning set out in Regulation 4;
“Organization” means the International Maritime
Organization;
“Protocol I” means Protocol I to the MARPOL
Convention.[1]
2 Administration
defined
(1) This Regulation applies
for the purposes of the interpretation of the MARPOL Convention, as that
Convention has effect in accordance with these Regulations.
(2) Subject to paragraph (3),
the Administration in respect of a ship is the statutory body, ministry, or
other public authority, that is responsible for shipping in relation to the
State under whose authority the ship is operating.
(3) In respect of a ship
entitled to fly a flag of a State, the Administration is the statutory body,
ministry, or other public authority, that is responsible for shipping in
relation to the State.
(4) In respect of fixed or
floating platforms engaged in exploration or exploitation of the sea-bed and
subsoil thereof adjacent to the coast over which a coastal State exercises
sovereign rights for the purposes of exploration and exploitation of their
natural resources, the Administration is the statutory body, ministry, or other
public authority, that is responsible for shipping in relation to the coastal State
concerned.
(5) In respect of a Jersey
ship, the Administration is the Minister.
3 Discharge
defined
(1) This Regulation applies
for the purposes of the interpretation of the MARPOL Convention, as that
Convention has effect in accordance with these Regulations.
(2) A discharge, in
relation to harmful substances or effluents containing harmful substances, is
any release howsoever caused from a ship and includes any escape, disposal,
spilling, leaking, pumping, emitting or emptying.
(3) A discharge does not
include –
(a) dumping
within the meaning of the Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter, done at London on 13 November 1972;
(b) the
release of harmful substances directly arising from the exploration, exploitation
and associated offshore processing of sea-bed mineral resources; or
(c) the
release of harmful substances for purposes of legitimate scientific research
into pollution abatement or control.
4 MARPOL
Convention as applied under Regulation 5
For the purposes of these Regulations, except Regulations 21
and 22, “MARPOL Convention” means the International Convention
for the Prevention of Pollution from Ships, 1973, as modified by the
Protocol of 1978, and including all amendments that took effect on or before
the day on which this Regulation came into force, and –
(a) includes the following
provisions of that Convention as in force on that day –
(i) Annex I,
(ii) Annex II,
(iii) Articles II
to V of Protocol I, being those Articles as modified and set out in the
Schedule to these Regulations; but
(b) does not include the
following provisions of that Convention –
(i) Article I
of Protocol I,
(ii) Protocol II,
(iii) Annexes III
to VI.
5 Application
of MARPOL Convention and Regulations
(1) The MARPOL Convention
shall have effect in relation to –
(a) all
Jersey ships whether in Jersey waters or elsewhere; and
(b) all
other ships while they are in Jersey waters.
(2) Additionally, these
Regulations shall have effect –
(a) in
relation to a ship so far as Regulation 13(3) creates an offence in
relation to the ship in the circumstances specified by Regulation 13(3)(b);
and
(b) to
the extent that they are otherwise expressed to have application.
(3) However, the MARPOL
Convention, and these Regulations, shall not have effect in relation to –
(a) any
ship that forms part of His Majesty’s navy or the navy of any country or
territory; or
(b) Government
ships or any ship owned or operated by a country or territory (other than
Jersey) and used, for the time being, only on non-commercial service of the
country or territory.[2]
6 Interpretation
of Protocol I and Annexes I and II
In Annex I and Annex II (as they have effect in accordance
with these Regulations) and in articles II to V of Protocol I
(as those articles have effect in accordance with these Regulations) –
(a) a reference to a Party
(or State Party or Government of a Party) shall be taken to be a reference to
Jersey, to the extent that it means the Party (or State Party or Government of
a Party) as a party to the MARPOL Convention in relation to Jersey ships and
Jersey waters;
(b) a reference to a Party
(or State Party or Government of a Party) shall be taken to be a reference to
the Minister, to the extent that it means the Party (or State Party or
Government of a Party) that is charged under the MARPOL Convention with its
implementation in relation to Jersey ships and Jersey waters;
(c) a reference to the
Administration shall be taken to be a reference to the Minister, to the extent
that it means the Administration of a Party (or State Party), being the
Administration charged under the MARPOL Convention with its implementation in
relation to Jersey ships and Jersey waters;
(d) a reference to a
function of the Administration shall be taken to be a reference to a function
of the Minister, to the extent that it means the Administration referred to in
sub-paragraph (c);
(e) a reference to the
Government of each Party (or to Governments of Parties) to the MARPOL
Convention, or a reference to the Government, shall be taken to be a reference
to the Minister, to the extent that it is or may be taken to be a reference to
the Government of Jersey;
(f) a reference to
the competent authority, or the competent Port State Authority, of the
Government of a Party to the MARPOL Convention shall, to the extent that it is
or may be taken to be a reference to the competent authority of the Government
of Jersey, be taken to be a reference to any of the following –
(i) an
inspector,
(ii) a
surveyor of ships,
(iii) a
designated officer within the meaning of the Water Pollution (Jersey) Law 2000;
(g) a reference to a
function that is expressed to be that of the Government of each Party to the
MARPOL Convention shall be taken to be a reference to a function of the
Minister, to the extent that the reference to the Party is a reference to
Jersey; and
(h) a reference to an
officer duly authorised by a Party shall be taken to be a reference to an
inspector within the meaning of the Law, to the extent that the reference to
the Party is a reference to Jersey.
7 Information
and investigation
(1) Where information, or
evidence, as to a breach of the MARPOL Convention or of these Regulations by or
in respect of a ship comes to the notice of the Minister, the Minister shall –
(a) in
the case where the breach occurred by or in respect of a Jersey ship or in
Jersey waters, investigate the breach; or
(b) in
any other case, transmit that information or evidence to the Administration of
the ship or of the State in whose waters the breach occurred.
(2) The Minister shall take
reasonable steps to inform the master of the ship that the Minister has acted
under paragraph (1).
(3) If the Minister
receives information or evidence from any Administration (other than the
Minister) as to a breach of these Regulations by or in respect of a Jersey ship
or in Jersey waters, the Minister shall investigate the matter, and may request
the Administration to furnish further or better evidence of the alleged breach.
(4) If the Minister
believes that sufficient evidence is available to enable proceedings to be
brought in respect of a breach referred to in paragraph (1) or (3),
the Minister shall so inform the Attorney General.
(5) The Minister shall
inform an Administration that has transmitted information or evidence to the
Minister as referred to in paragraph (3), as well as the Organization, of
any action taken by the Minister in relation to the information or evidence.
8 In-port
checks on certificates and oil or cargo record books
(1) An inspector, a
surveyor of ships or a designated officer may board and search a ship while it
is in a port in Jersey if it is a ship that is required to hold a certificate
in accordance with the MARPOL Convention.
(2) However, any such
search shall be carried out only for the purpose of verifying that there is on
board a valid certificate that relates to the ship.
(3) Despite paragraph (2),
in a case where there are reasonable grounds to believe that the condition of
the ship or of its equipment does not correspond substantially with the
particulars of any certificate found on board, a search under paragraph (1)
may be extended to gathering evidence, and determining the extent, of that lack
of correspondence.
(4) An inspector, a surveyor
of ships or a designated officer may exercise a power under regulation 11, 17
or 36 of Annex I (as those regulations have effect in accordance with
these Regulations) or regulation 15 or 16 of Annex II (as those
regulations have effect in accordance with these Regulations).
(5) In the case referred to
in paragraph (3), or if a ship does not carry a valid certificate at all,
the inspector, surveyor of ships, or designated officer, who is carrying out
the search shall ensure that the ship does not sail until it can proceed to sea
without presenting an unreasonable threat of harm to the marine environment.
(6) However, in the case
referred to in paragraph (3), the inspector, surveyor of ships, or
designated officer, may allow the ship to leave the port for the purpose of
proceeding to the nearest repair yard where the lack of correspondence referred
to in paragraph (3) can be rectified.
(7) If regulation 11 of
Annex I (as that regulation has effect in accordance with these Regulations) or
regulation 16 of Annex II (as that regulation has effect in
accordance with these Regulations) requires steps to be taken to ensure that a
ship does not sail, the inspector, surveyor of ships, or designated officer,
who is exercising the relevant power under that regulation shall ensure that
the ship does not sail until the relevant situation has been brought to order
as referred to in that regulation.
(8) If the master or other
member of the crew of a ship obstructs an inspector, a surveyor of ships, or a
designated officer, in the carrying out of a function referred to in this
Regulation, the master shall be guilty of an offence and liable to a fine.
(9) For the avoidance of
doubt, it is hereby stated that nothing in this Regulation affects the
operation of any provision of Part 10 of the Law.
(10) In this Regulation,
“designated officer” means a designated officer within the meaning
of the Water Pollution (Jersey) Law 2000.
9 State
to be informed
(1) If the Minister denies
a ship, other than a Jersey ship, entry to the ports of Jersey or takes any
action against such a ship for the reason that the ship does not comply with
the MARPOL Convention, the Minister shall immediately give notice of the denial
or action to a consul or other representative of the Administration of the
ship, or if that is not possible, directly to the Administration of the ship.
(2) Before denying entry or
taking such action the Minister may request the Administration of the ship
concerned to enter into consultation with the Minister.
(3) If, under article 5(3)
of the MARPOL Convention, a Party to that Convention requests consultation with
the Minister in relation to a proposal to deny a Jersey ship entry, or the
proposed taking of action against a Jersey ship, the Minister shall take
reasonable steps to enter into consultation with the Party.
(4) The Minister shall
inform the Administration of a ship (if that Administration is not the
Minister) if it comes to the Minister’s knowledge that the ship is not
carrying a valid certificate in accordance with the MARPOL Convention.
10 Duty
to report incidents
(1) If an incident occurs
that involves anything set out in any of sub-paragraphs (a) to (d) of paragraph (1)
of article II of Protocol I (as that article has effect in accordance
with these Regulations), a report of the incident shall be made to the
Administration of the State in whose waters the incident occurred.
(2) The report shall be
made in accordance with articles III to V of Protocol I (as those
articles have effect in accordance with these Regulations).
(3) If the Minister
receives a report of an incident that involves anything set out in any of sub-paragraphs (a)
to (d) of paragraph (1) of article II of Protocol I (as that
article has effect in accordance with these Regulations), or otherwise becomes
aware of such an incident, the Minister shall report the incident to –
(a) the
Administration of the ship (if any) involved in the incident;
(b) the
Administration of the State in whose waters the incident occurred; and
(c) the
Administration of any other State that may be affected by the incident,
to the extent that the Minister is not the Administration referred
to in sub-paragraph (a), (b) or (c).
(4) If –
(a) a
report is required by paragraph (1) to be made in relation to an incident;
(b) the
incident involved one or more ships; and
(c) the
report is not made in accordance with that paragraph,
the following parties shall each shall be guilty of an offence and
liable to a fine –
(i) the
master of each ship,
(ii) the
owner of each ship,
(iii) the
charterer (if any) of each ship.
11 Minister
to report to Organization
The Minister shall forward to the Organization –
(a) specimens of
certificates issued for the purposes of Annexes I and II (as those Annexes
have effect in accordance with these Regulations) by the Minister;
(b) a list of reception
facilities established in Jersey for the purposes of Annexes I and II (as
those Annexes have effect in accordance with these Regulations), including their
location, capacity and available facilities and other characteristics;
(c) a copy of those parts
of any reports prepared by or for the Minister that relate to the
implementation of these Regulations; and
(d) an annual report on
penalties actually imposed in Jersey for breaches of these Regulations.
12 Casualties
to ships
(1) The Minister shall
ensure that an investigation of any casualty occurring to any ship is carried
out if the casualty has produced a major deleterious effect upon the marine environment
and –
(a) the
ship is a Jersey ship;
(b) the
effect has occurred in Jersey waters; or
(c) the
effect has occurred outside Jersey waters in such circumstances as to cause, or
to be likely to cause, pollution in Jersey waters.
(2) The Minister shall
supply the Organization with information concerning the findings of such an
investigation, if the Minister believes that the information may assist in
determining what changes to the MARPOL Convention might be desirable.
13 Construction,
equipment and operation in accordance with Annex I and Annex II
(1) The requirements
referred to in paragraph (2) as to the design, construction, equipment and
operation of a ship, being a ship in relation to which Regulation 5
applies the MARPOL Convention, shall be complied with in relation to such a
ship.
(2) The requirements are,
as the case requires, those set out in –
(a) Annex I
(as that Annex has effect in accordance with these Regulations and including
regulation 36 of Annex I as applied by Regulation 17 of these
Regulations); and
(b) Annex II
(as that Annex has effect in accordance with these Regulations).
(3) If paragraph (1)
is not complied with –
(a) in
Jersey waters in relation to a ship;
(b) outside
Jersey in relation to a ship in such circumstances that the failure to comply
has caused, or is likely to cause, pollution in Jersey waters; or
(c) in
relation to a Jersey ship, wherever the failure to comply occurred,
the following parties shall each shall be guilty of an offence and
liable to a fine –
(i) the
master of the ship,
(ii) the
owner of the ship,
(iii) the
charterer (if any) of the ship.
14 Prosecutions
in general, and defence relating to Regulation 13
(1) Article 99 of the
Law shall apply in respect of an offence under Regulation 13 in relation
to the discharge of oil, or of a harmful substance, from a ship in the same way
as it applies in respect of an offence under Article 98 of the Law, and as
if a reference in Article 99 of the Law (as so applied) to oil or a
mixture containing oil were a reference to oil or a harmful substance.
(2) Article 110 of the
Law shall apply in respect of an offence under these Regulations in the same
way as it applies in respect of an offence under Article 98, or under
Chapter 3 of Part 7, of the Law.
15 Detention
of ships and application of fines for Regulation 13 offence
(1) Articles 111 and
112 of the Law shall apply in respect of an offence under Regulation 13 in
the same way as they apply in respect of an offence under Article 98 of
the Law and as if a reference in Article 111 of the Law (as so applied) to
oil or a mixture containing oil were a reference to oil or a harmful substance.
(2) Article 177 of the
Law shall apply in respect of a ship if a person referred to in paragraph (1)
of that Article has reasonable grounds to suspect that a contravention of Regulation 13
has occurred in relation to the ship, but Article 177 of the Law, as so
applied, shall apply as modified in Article 111 of the Law.
16 Management
of oily residues on ship under 400 gross tons
(1) A Jersey ship of less
than 400 gross tonnage shall be equipped in such a way as to be capable of
meeting the requirements of regulation 15.6 of Annex I (as that
regulation has effect in accordance with these Regulations).
(2) A Jersey ship of less
than 400 gross tonnage that discharges oil or oily mixtures as referred to
in regulation 15.6 of Annex I (as that regulation has effect in
accordance with these Regulations) does not comply with paragraph (1)
unless the equipment that it has in operation as so referred to is of a design
that has the written approval of the Minister.
(3) If paragraph (1)
is not complied with aboard a Jersey ship of less than 400 gross tonnage,
the following parties shall each shall be guilty of an offence and liable to a fine –
(a) the
master of the ship;
(b) the
owner of the ship;
(c) the
charterer (if any) of the ship.
17 Oil
record book on ship under 150 gross tons
(1) For a Jersey ship,
being an oil tanker of less than 150 gross tons, the appropriate Oil
Record Book for the purposes of regulation 36.9 of Annex I (as that
regulation has effect in accordance with these Regulations) shall be a document
in or to the form of the Oil Record Book Part II set out in
Appendix III to Annex I (as that Appendix has effect in accordance
with these Regulations).
(2) Regulation 36 of
Annex I (as that regulation has effect in accordance with these
Regulations) shall apply in respect of such a ship as if it were a ship of
150 gross tons and as if the reference in that regulation to the Oil
Record Book Part II were a reference to the document specified under
paragraph (1).
18 Language
of documents
(1) The following
documents, to the extent that they are required by the MARPOL Convention to be
held aboard a Jersey ship, shall be in English –
(a) an
international oil pollution prevention certificate referred to in
regulation 9 of Annex I (as that regulation has effect in accordance
with these Regulations);
(b) an
international pollution prevention certificate for the carriage of noxious substances
in bulk, being the certificate referred to in regulation 9.4 of
Annex II (as that regulation has effect in accordance with these
Regulations).
(2) They may be in one or
more additional languages, being languages permitted under the MARPOL Convention.
19 Acts
of the Minister to be in writing
(1) Any of the following
acts of the Minister provided for in Annex I or II (as that Annex has
effect in accordance with these Regulations) shall be effected by instrument in
writing –
(a) a
specification;
(b) the
imposition of a requirement;
(c) a notification;
(d) an
approval, acceptance or determination;
(e) an
exemption or waiver;
(f) a
refusal, suspension, withdrawal or cancellation;
(g) a
renewal, or extension of validity;
(h) any
act that the Minister may prescribe by Order for the purposes of this paragraph.
(2) An instrument in
writing required under this Regulation may be amended, substituted or revoked
from time to time, but only by further instrument in writing.
(3) An instrument in
writing required under this Regulation shall set out –
(a) when
it is to take effect; and
(b) any
equipment standards, or system standards, on which it is based.
(4) An instrument in
writing required under this Regulation shall –
(a) be
served on the parties to whom it is directed or who applied for it; or
(b) take
any other form reasonably capable of bringing the substance of the instrument
to the attention of the parties who are affected by the act, amendment,
substitution, or revocation, effected by the instrument.
(5) In particular, and
without limiting the operation of paragraph (4), such an instrument may
take an electronic form and may, if there is more than one party affected by
the relevant act, amendment, substitution or revocation, be by publication.
(6) Such publication may be
made –
(a) by
posting on a website that is likely to have the attention of the parties that
are affected by the relevant act, amendment, substitution or revocation;
(b) by
any other means reasonably capable of bringing the relevant act, amendment,
substitution or revocation to the attention of the parties that are affected by
it;
(c) by
service on the parties that are affected by the relevant act, amendment,
substitution or revocation; or
(d) by a
combination of any 2 or more of the means referred to in sub-paragraphs (a)
to (c).
20 Extended
liability for offences
(1) Where an offence under
these Regulations committed by a separate limited partnership, a limited
liability partnership or a body corporate is proved to have been committed with
the consent or connivance of, or to be attributable to any neglect on the part
of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) Where the affairs of a
body corporate are managed by its members, paragraph (1) shall apply in
relation to acts and defaults of a member in connection with the member’s
functions of management as if the member were a director of the body corporate.
21 Orders
about the MARPOL Convention
(1) The Minister may by
Order amend these Regulations for the purpose of adapting them to any modification
of the MARPOL Convention or for the purpose of making more effective provision
for the implementation of the MARPOL Convention.
(2) In this Regulation,
“MARPOL Convention” means the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978,
and as amended from time to time.
22 Citation
These Regulations may be cited as the Shipping (MARPOL) (Jersey) Regulations 2012.