S.I. No. 641 of 2002

SEA POLLUTION (CONTROL OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK) (AMENDMENT) REGULATIONS, 2002.

I, DERMOT AHERN, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 10, 11, 12, 14 and 17 of Sea Pollution Act 1991 ( No. 27 of 1991 ), (as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 ), hereby make the following regulations:

1.       (1)      These Regulations may be cited as the Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 2002.

(2)      These Regulations come into operation on 1^st January 2003.

2.      The Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1994 ( S.I. No. 46 of 1994 ) are amended by inserting the following after Regulation 14 -

“Shipboard marine pollution emergency plan

15      (1)      On and from 1 January 2003, every ship registered in the State, of 150 tons gross tonnage and above, that has been duly certified under Regulations 10, 11, 12 or 12A of these Regulations as applicable, shall carry on board a shipboard marine pollution emergency plan for noxious liquid substances approved by the Minister.

(2)      The shipboard marine pollution emergency plan for noxious liquid substances shall be:

(a)      in accordance with Guidelines developed by the Organisation entitled ‘Guidelines for the development of shipboard marine pollution emergency plans for oil and/or noxious liquid substances’ and adopted by it by resolution MEPC 85/44, and

(b)      in one or more languages as required, that are understood by the master and officers.

(3)      The shipboard marine pollution emergency plan for noxious liquid substances shall contain -

(a)      the procedure to be followed by the master to report an incident of pollution by noxious liquid substances, required by Article 8 and Protocol I of the MARPOL Convention, in accordance with the Guidelines developed by the Organisation reporting requirements, including guidelines for reporting incidents involving dangerous goods' and adopted by it by resolution A851 (20),

(b)      the list of authorities or persons to be contacted in the event of an incident of pollution by noxious liquid substances,

(c)      a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of noxious liquid substances following the incident, and,

(d)      the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution.

(4)      Where a shipboard oil pollution emergency plan required under Regulation 26 of the Sea Pollution (Prevention of Oil Pollution) Regulations 1994 ( S.I. No. 44 of 1994 ), applies to a ship and the shipboard marine pollution emergency plan for noxious liquid substances required under this Regulation also applies to the ship, both plans may be combined, and, if they are so combined, shall be called the ‘shipboard marine pollution emergency plan’.”.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for amendments to the Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations, 1994 ( S.I. No. 46 of 1994 ) which give effect to Annex II of the International Convention for the Prevention of Pollution from Ships, adopted by the International Maritime Organisation on 2 November, 1973 and as amended by its Protocol adopted on 17 February, 1978, and as further amended by the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation.