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MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION FROM SHIPS) REGULATIONS 2005

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Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005
MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


1



BR 45 / 2005

MERCHANT SHIPPING ACT 2002

2002 : 35

MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


ARRANGEMENT OF REGULATIONS

PART I
General

1 Citation
2 Interpretation
3 Applications and

exemptions
4 Equivalents

PART II
Surveys and Certificates

5 Initial and renewal
surveys

6 Annual surveys
7 Intermediate survey
8 Issue and duration of

certificates
9 Responsibilities of owner

and master

10 Procedure to be adopted
when corrective action is
necessary

PART III
Control of emissions from ships

11 Ozone-depleting
substances

12 Nitrogen oxides
13 Sulphur oxides
14 Volatile organic

compounds
15 Shipboard incineration
16 Fuel oil quality

PART IV
Power to inspect, deny entry,

detention and penalties

17 Power to inspect
18 Power to deny entry and

detain



MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


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19 Offences
20 Offences by corporate

bodies
21 Restriction on jurisdiction

over offences outside
Bermuda limits

22 Suspension of proceedings
at flag state request

23 Arbitration and
compensation

SCHEDULES
SCHEDULE 1

PART I

Engine excluded from
regulation 12 by virtue of the

Protocol of 1997

PART II

Further exclusions of ships,
engines and components from

regulation 12

SCHEDULE 2
Nitrogen Oxides

SCHEDULE 3
Volatile Organic Compounds

SCHEDULE 4
Information to be included in a

bunker delivery note



The Minister of Tourism and Transport, in exercise of the powers
conferred by section 122 of the Merchant Shipping Act 2002, makes the
following Regulations:

PART I
GENERAL

Citation
1 These Regulations may be cited as the Merchant Shipping
(Prevention of Air Pollution from Ships) Regulations 2005.

Interpretation
2 In these Regulations —

"administration" means the Government of the State under
whose authority the ship is operating;

"anniversary date" means the date in each year corresponding to
the date of the expiry of the IAPP Certificate;

"ASTM method" means the methods laid down by the American
Society for Testing and Materials in the 1976 edition of the
standard definitions and specifications for petroleum and
lubricating products;

"appropriate reception facilities" means facilities established in
accordance with the Convention;

MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


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"Bermuda ship" has the same meaning as in section 16(3) of the
Merchant Shipping Act 2002;

"Bermuda waters" means the sea or other waters within the
seaward limits of the territorial sea of Bermuda;

"Certifying Authority" means the Minister or any persons
authorised by the Minister;

"Convention" means the International Convention for the
Prevention of Pollution from Ships 1973, including its
Protocols, Annex VI (but no other Annex) and Appendices
thereto, as amended by the Protocol of 1997 to that
Convention and includes all amendments adopted by the
organisation's Marine Environment Protection Committee up
to 26th September 1997 and any further amendments
considered by the Minister to be relevant;

"continuous feed" means the process whereby waste is fed into a
combustion chamber without human assistance while the
incinerator is in normal operating conditions with the
combustion chamber operative between 850ºC and 1200ºC;

"controlled waters" means the waters specified as areas within
which the jurisdiction and rights of Bermuda are exercisable
by the Merchant Shipping (Prevention of Pollution) (Limits)
Regulations 2004;

"Convention country" means a country which is a party to the
Convention;

"EEA State" means a state which is a contracting party to the
Agreement on the European Economic Area signed at Oporto
on 2nd May 1992 as adjusted by the Protocol signed at
Brussels on 17th March 1993;

"EIAPP Certificate" means the Engine International Air Pollution
Prevention Certificate issued in accordance with the
Convention;

"emission" means any release of substances, subject to control
by these Regulations, from ships into the atmosphere or sea;

"flag state" means the State whose flag a ship is entitled to fly;

"fuel oil" means any oil used as fuel in connection with the
propulsion and auxiliary machinery of the ship in which such
oil is carried;

"garbage" means all kinds of victual, domestic and operational
waste, excluding fresh fish and parts thereof, generated
during the normal operation of the ship and liable to be
disposed of continuously or periodically;

"gas oil" means —



MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
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(a) any petroleum derived liquid fuel falling within CN code
2710 00 67 to 2710 00 68; or

(b) any petroleum derived liquid fuel which, by reason of its
distillation limit, falls within the category of middle
distillates intended for use as fuel and of which at least
85 per cent by volume (including losses) distills at 350°C
by the ASTM D86 method;

"Government ship" has the meaning given under section 4 of the
Merchant Shipping Act 2002;

"GT" means gross registered tonnage and the gross registered
tonnage of a ship having alternative gross registered tonnages
shall be taken to be the larger of those tonnages;

"IAPP Certificate" means a certificate entitled the International
Air Pollution Prevention Certificate issued in accordance with
the Convention;

"IMO" means the International Maritime Organization;

"ISO" means International Organisation for standardisation;

"major conversion" means a modification of an engine where —

(a) the engine is replaced by a new engine built on or after
the 1st January 2000; or

(b) any substantial modification, as defined in the NOx
Technical Code, is made to the engine; or

(c) the maximum continuous rating of the engine is
increased by more than 10 per cent;

"marine gas oil" means fuels intended for marine use which are
gas oil or which have viscosity or density defined falling
within the ranges of viscosity or density defined for maritime
distillates in Table 1 of ISO 8217 (1996);

"new installations" means the installation of systems, equipment,
including new portable fire extinguishing units, insulation, or
other material on a ship after 19th May 2005, but excludes
repair or recharge of previously installed systems, equipment,
insulation, or other material, or recharge of portable fire
extinguishing units;

"NOx Technical Code" means the Technical Code on Control of
Emission of Nitrogen Oxides from Marine Diesel Engines
adopted by Conference resolution 2 and includes any
document amending it which is considered by the Minister to
be relevant from time to time;

MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


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"oil record book" means the oil book required by the
International Convention for the Prevention of Pollution from
ships 1973, including its protocols;

"ozone-depleting substances" means controlled substances
defined in paragraph 4 of article 1 of the Montreal Protocol on
Substances that Deplete the Ozone Layer, 1987, listed in
Annexes A, B, C or E to the said Protocol;

"Protocol of 1997" means the Protocol of 1997 to amend the
International Convention for the Prevention of Pollution from
Ships 1973, as amended by the Protocol of 1978 relating
thereto;

"sea" includes any estuary or arm of the sea;

"shipboard incineration" means the incineration of wastes or
other matter on board a ship, if such wastes or other matter
were generated during the normal operation of the ship;

"shipboard incinerator" means a shipboard facility designed for
the primary purpose of incineration;

"ship" means a vessel of any type whatsoever and includes
hydrofoils, boats, hovercraft, submersibles, floating craft,
fixed and floating platforms operating in the marine
environment beyond the limits of controlled waters;

"ships constructed" means ships the keels of which are laid or
which are at a similar stage of construction;

"significant alteration" includes any change or adjustment to the
systems, fittings or arrangement of a diesel engine which
results in the nitrogen oxide limits applied to that engine no
longer being complied with;

"similar stage of construction" means the stage at which ⎯

(a) construction identifiable with a specific ship begins; and

(b) assembly of that ship has commenced comprising at
least 50 tonnes or one per cent of the estimated mass of
all structural material, whichever is less;

"sludge oil" means sludge from fuel or lubricating oil separators,
waste lubricating oil from main or auxiliary machinery, or
waste oil from bilge water separators, oil filtering equipment
or drip trays;

"surveyor" means a surveyor appointed by a Certifying Authority;

"tanker" means —

(a) an oil tanker being a ship constructed or adapted
primarily to carry oil in bulk in its cargo spaces and



MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


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includes combination carriers and a chemical tanker
referred to in sub-paragraph (b) when it is carrying a
cargo or part cargo of oil in bulk; and

(b) a chemical tanker being a ship constructed or adapted
primarily to carry a cargo of noxious liquid substances
in bulk and includes an oil tanker referred to in sub-
paragraph (a) when carrying a cargo or a part cargo of
noxious liquid substances in bulk.

Applications and exemptions
3 (1) Unless expressly provided otherwise, these Regulations
apply to —

(a) Bermuda ships;

(b) other ships while they are within Bermuda waters; and

(c) Government ships registered in Bermuda and
Government ships not so registered but held for the
purpose of Her Majesty's Government in Bermuda.

(2) These Regulations do not apply to —

(a) any warship, naval auxiliary or other ship owned or
operated by a State and used, for the time being, only on
government, non-commercial service; or

(b) any emission necessary for the purpose of securing the
safety of a ship or saving life at sea; or

(c) any emission resulting from damage to a ship or its
equipment —

(i) provided all reasonable precautions have been
taken after the occurrence of the damage or
discovery of the emission for the purpose of
preventing or minimising the emission; or

(ii) except if the owner or master acted either with
the intent to cause damage, or recklessly and
with knowledge that damage would probably
result;

(d) any emission from any ship arising directly from the
exploration, exploitation and associated offshore
processing of sea-bed mineral resources, including but
not limited to the flaring of hydrocarbons and the
burning of cuttings, muds and stimulation fluids during
well completion and testing operations, and flaring
arising from upset conditions; the release of gases and

MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


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volatile compounds entrained in drilling fluids and
cuttings;

(e) emissions associated solely and directly with the
treatment, handling or storage of sea-bed minerals; and

(f) emissions from diesel engines that are solely dedicated
to the exploration, exploitation and associated off-shore
processing of sea-bed mineral resources.

(3) Nothing in these Regulations affects the prohibitions in, or
other requirements of the Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter, 1972, as amended,
and the Protocol thereto.

Equivalents
4 The Minister may permit any fitting, material, appliance or
apparatus to be fitted in a ship as an alternative to that required by
these Regulations if such fitting, material, appliance or apparatus is at
least as effective as that required by these Regulations.

PART II
SURVEYS AND CERTIFICATES

Initial and renewal surveys
5 (1) The owner of a Bermuda ship of 400 GT and above shall
cause the same to be subject to —

(a) an initial survey before the ship is put into service or
before an IAPP Certificate in respect of that ship is
issued for the first time;

(b) a renewal survey within five years of an initial survey
and at intervals not exceeding 5 years thereafter.

(2) The surveyor shall survey the ship and satisfy himself that
its equipment, systems, fittings, arrangements and material are in
accordance with the requirements of these Regulations.

Annual surveys
6 (1) The owner of a Bermuda ship in respect of which an IAPP
Certificate has been issued shall, so long as the certificate remains in
force, cause the ship to be subject to an annual survey, which shall be
carried out within three months before or after the anniversary date of
the Certificate, provided that no annual survey shall be required when
the intermediate survey pursuant to regulation 7 is carried out within
three months before or after the anniversary date of the Certificate.

(2) The surveyor shall survey the ship and satisfy himself that
the equipment, systems, fittings, arrangements and material are in
accordance with the requirements of these Regulations.



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(3) On completion of the survey the surveyor shall, if it is in
order to do so, endorse the Certificate to that effect.

Intermediate survey
7 (1) The owner of a Bermuda ship in respect of which an IAPP
Certificate has been issued shall so long as the Certificate remains in
force, cause the ship to be subject to an intermediate survey in
accordance with paragraphs (2) and (3) during the validity of the
Certificate.

(2) The intermediate survey shall take place within 3 months
before or after the second or third anniversary date of the Certificate.

(3) The surveyor shall survey the ship and satisfy himself that
the equipment, systems, fittings, arrangements and material are in
accordance with the requirements of these Regulations and are in good
working order.

(4) On completion of the survey the surveyor shall, if it is in
order to do so, endorse the Certificate to that effect.

Issue and duration of certificates
8 (1) When it is in order to do so the Certifying Authority shall
issue an appropriate Certificate which is an IAPP Certificate for any
Bermuda ship of 400 GT and above engaged in voyages to ports or
offshore terminals under the jurisdiction of other Parties to the
Convention.

(2) The Minister may request through a proper officer, or
otherwise, the Government of a Convention country to survey a Bermuda
ship and, if satisfied that the provisions of the Convention are complied
with, to issue or authorise the issue of the IAPP Certificate to the ship.

(3) An IAPP Certificate so issued shall contain a statement that
it has been issued in accordance with such a request, and it shall have
the same effect as an IAPP Certificate issued under paragraph (1).

(4) The Minister may at the request of a Government of a
Convention country survey a ship registered in that State and if satisfied
that the provisions of the Convention are complied with, issue an IAPP
Certificate to that ship; a Certificate so issued in accordance with such a
request shall contain a statement that it has been so issued and shall
have the same effect as if it was issued by that Government and not by
the Minister.

(5) The IAPP Certificate shall be in the form prescribed by the
Convention and shall be valid for a period not exceeding five years from
the date of issue.

(6) An IAPP Certificate shall cease to be valid —

MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


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(a) if without the approval of a Certifying Authority
significant alteration has been made to the equipment,
systems, fittings, arrangements or material required by
these Regulations, other than the direct replacement of
such equipment, systems, fittings, arrangements and
materials; or

(b) the surveys are not conducted as required by regulations
5, 6 and 7; or

(c) upon the transfer of the ship to the flag of another State.

(7) The appropriate Certificate issued pursuant to paragraph
(1), shall be kept on board the ship to which it has been issued and shall
be available for inspection at all reasonable times.

(8) Bermuda ships constructed before 19th May 2005 shall
obtain an IAPP Certificate not later than the first scheduled dry-docking
after that date, but in any event not later than 19th May 2008.

Responsibilities of owner and master
9 (1) The owner and master of a Bermuda ship or any foreign
ship while in Bermuda waters shall ensure that —

(a) the condition of the ship and its equipment are
maintained so as to comply with the relevant provisions
of these Regulations; and

(b) after any survey of a Bermuda ship required by these
Regulations has been completed no material change is
made in the equipment, systems, fittings, arrangements
or material subject to such survey without the approval
of the Minister, other than the direct replacement of
fittings or equipment that conform to these Regulations.

(2) Whenever a Bermuda ship is involved in an accident or a
defect is discovered, either of which affects the efficiency or completeness
of the ship's equipment to which these Regulations relate the master (or
if the master fails to do so) the owner shall report it at the earliest
opportunity to the Minister or a proper officer, either of whom may
require such a survey to be carried out.

(3) Without prejudice to any other action he may take, the
Minister may request the authority responsible for issuing the IAPP
Certificate to any ship which is for the time being in a Bermuda port to
carry out such surveys and inspections as it may consider to be
necessary to establish that the condition of the ship is such that it can
proceed to sea without presenting an unreasonable threat of harm to the
environment.



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Procedure to be adopted when corrective action is necessary
10 (1) In any case where the Certifying Authority determines that
the condition on a Bermuda ship or its equipment does not correspond
with the particulars of the IAPP Certificate or is such that the ship is not
fit to proceed to sea without presenting an unreasonable threat of harm
to the marine environment, the Certifying Authority shall advise the
owner or the master of the corrective action which in its opinion is
required, and shall give notice thereof to the Minister.

(2) If such corrective action is not taken within such period
(being a reasonable period) as the Certifying Authority may specify, the
Certifying Authority shall, at the end of that time, immediately notify the
Minister who may, on receipt of such notification, suspend the validity of
the IAPP Certificate issued to the ship and shall give notice of any such
suspension to the owner and to the Certifying Authority.

(3) The master shall thereupon deliver up the Certificate issued
to the Certifying Authority on demand.

(4) Where a ship is in the port of a Convention country and
corrective action in accordance with paragraph (1) has not been taken,
the Certifying Authority shall in addition immediately notify the
appropriate authorities in the country in which the port is situated.

(5) Where, in the case of a ship of a Convention country which
is for the time being in a Bermuda port, the nominated surveyor or the
certifying authority responsible for issuing the IAPP Certificate to the
ship determines that it is necessary to withdraw the certificate, a report
shall, unless made by the nominated surveyor or certifying authority, be
made by the master of the ship to the Minister who may then take such
steps as will ensure that the ship shall not sail until it can proceed to sea
or leave port for the purposes of proceeding to the nearest appropriate
repair yard available without presenting an unreasonable threat of harm
to the marine environment.

PART III
CONTROL OF EMISSIONS FROM SHIPS

Ozone-depleting substances
11 (1) Subject to regulation 3(2)(a), (b) and (c), this regulation
applies to Bermuda ships; and subject to regulation 21 any other ship
wherever it may be.

(2) Any deliberate emission of ozone-depleting substances from
ships is prohibited.

(3) For the purposes of this regulation deliberate emission
include emission occurring in the course of maintaining, servicing,
repairing or disposing of systems or equipment, but shall not include

MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


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minimal releases associated with the recapture or recycling of an ozone-
depleting substance.

(4) No new installations on ships shall contain ozone-depleting
substances except that new installations containing
hydrochlorofluorocarbons are permitted until 1st January 2020.

(5) Ozone-depleting substances and equipment containing
such substances shall be delivered to appropriate reception facilities
when removed from ships.

Nitrogen oxides
12 (1) Subject to regulation 3(2)(a), (b) and (c) and Schedule 1, this
regulation applies to diesel engines referred to in paragraph (2) which are
installed on Bermuda ships; and subject to regulation 21 any other ship
wherever it may be.

(2) The diesel engines to which this regulation applies are —

(a) every diesel engine with a power output of more than
130 kW which is installed on a ship falling within
paragraph 1(a) or (b) constructed on or after 1st January
2000; and

(b) each diesel engine installed on a ship falling within
paragraph 1(a) or (b) with a power output of more than
130kW which undergoes a major conversion on or after
1st January 2000.

(3) This regulation does not apply to any ship, engine or
component referred to in Schedule 1.

(4) The nitrogen oxide emission resulting from any major
conversion shall be documented in accordance with the NOx Technical
Code and approved by the Certifying Authority in accordance with
Schedule 2.

(5) The operation of each diesel engine to which this regulation
applies is prohibited, except where the emission of nitrogen oxide
(calculated as the total weighted emission of NO2) from the engine is
within the following limits —

(a) 17.0 g/kWh when n is less than 130 rpm;

(b) 45.0 x n –0.2 g/kWh when n is 130 or more but less than
2000 rpm;

(c) 9.8 g/kWh when n is 2000 rpm or more,

where n = rated engine speed (crankshaft revolutions per minute).

(6) When using fuel composed of blends from hydrocarbons
derived from petroleum refining test procedure and measurement
methods shall be in accordance with the NOx Technical Code.



MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


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(7) Notwithstanding paragraph (5) the operation of a diesel
engine is permitted when either an exhaust gas cleaning system or any
other equivalent method is approved by the Certifying Authority.

Sulphur oxides
13 (1) This regulation applies to Bermuda ships; and subject to
regulation 21 any other ship wherever it may be.

(2) Subject to paragraph (3) the sulphur content of any fuel oil
used on board a ship, other than marine gas oil being used on board a
ship within the waters of an EEA State, shall not exceed 4.5 per cent by
mass.

(3) While a ship is within a sulphur oxide emission control area
12 months after the date specified in paragraph (7)(a) or (b) at least one
of the following conditions shall be satisfied —

(a) the sulphur content of any fuel oil used on board the
ship, other than marine gas oil being used within the
waters of an EEA State, shall not exceed 1.5 per cent by
mass; or

(b) an exhaust gas cleaning system shall be applied to
reduce the total emission of sulphur oxide, including
both auxiliary and main propulsion engines, to 6.0g SOx
K/w h or less calculated as the total weight of sulphur
dioxide emission; (such system shall be approved by the
administration);

(c) any other technological method to limit sulphur oxide
emissions that has been approved by the administration.

(4) Ships using separate fuel oils to comply with paragraph 3(a)
shall —

(a) allow sufficient time for the fuel oil service system to be
fully flushed of all fuels exceeding 1.5 per cent by mass
sulphur content prior to entry into a sulphur oxide
emission control area; and

(b) record the date, time and position of the ship when any
fuel changeover operation is completed and the volume
of low sulphur fuel oils of less than or equal to 1.5 per
cent by mass in each tank.

(5) The record made pursuant to paragraph (4)(b) shall be
made —

(a) in the ship's oil record book for ships over 400 GT and
oil tankers over 150 GT;

(b) for any other ship in the ship's log book.

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(6) Waste streams from the use of equipment approved
pursuant to paragraph (3)(b) shall be discharged into enclosed ports,
harbours or estuaries in accordance with the Convention.

(7) In this regulation "sulphur oxide emission control area"
means —

(a) from 19th May 2005 the Baltic sea proper with the Gulf
of Bothnia and the Gulf of Finland and the entrance to
the Baltic Sea bounded by the parallel 57º and 44º 8' N
east of the Skaw in the Skagerrak; and

(b) any other sea areas including port areas designated as a
sulphur oxides emission control area.

Volatile organic compounds
14 (1) Any harbour authority or terminal operator within Bermuda
operating a vapour emission control system for volatile organic
compounds shall comply with Schedule 3.

(2) Any Bermuda tanker subject to vapour emission control in
a port or terminal notified to the International Maritime Organisation as
a designated port or terminal pursuant to the Convention shall comply
with Schedule 3.

(3) This regulation shall only apply to gas carriers when the
type of loading and containment systems allow safe retention of non-
methane volatile organic compounds on board or their safe return
ashore.

Shipboard incineration
15 (1) Paragraph (4) applies to Bermuda ships only.

(2) Subject to paragraph (6), all shipboard incineration shall,
take place in a shipboard incinerator.

(3) Except as provided in paragraph (4), each incinerator
installed on board a ship, on or after 1st January 2000, shall comply
with the Convention.

(4) The Minister may exclude the application of paragraph (3)
to any incinerator which is installed on board a ship before 19th May
2005 provided the ship is solely engaged in voyages within Bermuda
waters.

(5) Shipboard incineration of the following substances shall be
prohibited —

(a) the residues of any substances or materials referred to
in annex I, II or III of the Convention which have been
carried as cargo in the ship and any related
contaminated packing materials;



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FROM SHIPS) REGULATIONS 2005


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(b) polychlorinated biphenyls;

(c) garbage containing more than traces of heavy metals;
and

(d) refined petroleum products containing halogen
compounds.

(6) Shipboard incineration of sewerage sludge and sludge oil
generated during the normal operation of a ship may also take place in
the main or auxiliary power plant or boilers, but in those cases shall not
take place in ports, harbours or estuaries.

(7) Shipboard incineration of polyvinyl chlorides shall be
prohibited unless the incineration takes place in a ship incinerator for
which IMO Type Approval Certificates have been issued.

(8) All ships with incinerators subject to this regulation shall
possess a manufacturer's operating manual which shall specify how to
operate the incinerator within the limits described in the Convention.

(9) Personnel responsible for the operation of any incinerator
shall be trained and capable of implementing the guidance provided in
the manufacturer's operating manual.

(10) Combustion flue gas outlet temperatures shall be monitored
at all times and the waste shall not be fed into a continuous feed
shipboard incinerator when the temperature is below 850ºC.

(11) Batch-loaded shipboard incinerators shall be designed so
that the temperature in the combustion chamber shall reach 600ºC
within 5 minutes of start up.

(12) The Minister may approve the design, installation and
operation of alternative shipboard thermal waste treatment devices that
meet or exceed the requirements of this regulation.

Fuel oil quality
16 (1) This regulation does not apply to —

(a) coal in its solid form;

(b) nuclear fuels; or

(c) hydrocarbons which are produced and subsequently
used on site on platforms as fuel when approved by the
Minister.

(2) Fuel oil for combustion purposes delivered to and used on
board ships to which these Regulations apply shall meet the
requirements of paragraphs (3) to (10).

MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


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(3) Where the fuel is blends of hydrocarbons derived from
petroleum refining, it —

(a) may if it incorporates additives intended to improve
some aspects of performance incorporate only small
amounts of such additives;

(b) shall be free from inorganic acid;

(c) shall not include any added substance or chemical
waste which either —

(i) jeopardises the safety of the ship or adversely
affects the performance of the machinery; or

(ii) is harmful to personnel; or

(iii) contributes overall to additional air pollution.

(4) Fuel oil for combustion purposes derived by methods other
than petroleum refining shall not —

(a) exceed the sulphur content limits in regulation 13;

(b) cause an engine to exceed the nitrogen oxide emission
limits of regulation 12(5);

(c) contain inorganic acid;

(d) jeopardise the safety of the ship or adversely affect the
performance of the machinery;

(e) be harmful to personnel; or

(f) contribute overall to additional air pollution.

(5) A local supplier of fuel oil, for combustion purposes
delivered to and used on board ships of 400 GT and above, shall —

(a) register with the Minister;

(b) provide that ship with a bunker delivery note containing
the information set out in Schedule 4;

(c) provide a declaration in the bunker delivery note that is
signed by the fuel oil supplier's representative that the
fuel oil supplied conforms with regulation 13(2) or
13(3)(a) and paragraphs (2) and (3); and

(d) retain a copy of the bunker delivery note for 3 years from
the date of delivery for inspection and verification.

(6) The manager or owner of a ship over 400 GT shall ensure
that the bunker delivery note is —

(a) kept on board the ship in a place so as to be readily
available for inspection at all reasonable times; and



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(b) retained for a period of 3 years from the day on which
the fuel oil has been delivered on board.

(7) The local supplier of fuel oil, for combustion purposes
delivered to or used on board ships of 400 GT and above, shall provide a
representative sample of the fuel oil delivered to accompany the bunker
delivery note and that sample shall —

(a) be collected in accordance with any guidelines developed
by the IMO or accepted by the Minister as equivalent;

(b) on completion of bunkering operations be sealed and
signed by the local supplier's representative and the
master or officer in charge of the bunker operation; and

(c) be retained under the control of the ship until the fuel
oil is substantially consumed, but in any case for a
period of not less than 12 months from the day of
delivery.

(8) The bunker delivery note and the sample of fuel oil required
under paragraphs (4) and (5) shall be available for inspection at all times.

(9) The Minister may inspect the bunker delivery notes and
samples of fuel oil held by ships of other Parties to the Convention while
those ships are in a port or offshore terminal within Bermuda waters.

(10) In this regulation —

(a) "fuel oil supplier" means the supplier of fuel oil to the
local supplier of fuel oil;

(b) "fuel oil supplier's representative" means the person
appointed by a fuel oil supplier to provide a declaration
that the fuel supplied complies with regulations 13(2)(a)
and paragraphs (2) and (3);

(c) "local supplier of fuel oil" means the person who receives
the fuel oil from the fuel oil supplier; and

(d) "local supplier's representative" means the person who
delivers the fuel oil to the ship on behalf of the local
supplier of fuel oil.

MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


17

PART IV

POWER TO INSPECT, DENY ENTRY, DETENTION AND
PENALTIES

Power to inspect
17 (1) A ship to which these Regulations apply shall be subject, in
any Bermuda port or offshore terminal, to inspection by persons
appointed by the Minister.

(2) Any such inspection shall be limited to verifying that there
is on board a valid IAPP Certificate in the form prescribed by the
Convention, unless there are clear grounds for believing that the
condition of the ship or its equipment does not correspond substantially
with the particulars of that Certificate.

(3) If the ship does not carry a valid Certificate or its equipment
does not correspond substantially with the particulars of that Certificate,
the inspector shall take such steps as he may consider necessary to
ensure that the ship shall not sail until it can proceed to sea without
presenting an unreasonable threat of harm to the marine environment,
but the Minister may in such a case permit the ship to leave the port or
offshore terminal for the purposes of proceeding to the nearest
appropriate repair yard.

(4) Notwithstanding paragraph 2, and without prejudice to any
specific control provisions over operational procedures provided for in
these Regulations, the inspector may —

(a) investigate any operation regulated by these Regulations
if there are clear grounds for believing that the master or
crew are not familiar with essential ship board
procedures for preventing pollution by air; and

(b) in the event of any such inspection revealing deficiencies
the inspector shall take such steps to ensure that the
ship will not sail until the situation has been brought to
order in accordance with the requirements of these
Regulations.

(5) Upon receiving evidence that a particular ship has caused
pollution by air contrary to these Regulations the Minister shall cause
the matter to be investigated and shall inform the State which has
reported the contravention, as well as the International Maritime
Organisation, of the action taken.

(6) For the purposes of this regulation any person appointed as
an inspector shall have the powers of an inspector set out in sections
219 and 220 of the Merchant Shipping Act 2002.



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FROM SHIPS) REGULATIONS 2005


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Power to deny entry and detain
18 (1) If a harbour master has reason to believe that a ship which
he believes proposes to enter the harbour does not comply with the
requirements of these Regulations, he shall immediately report the
matter to the Minister who, if he is satisfied that the ship presents an
unreasonable threat of harm to the marine environment, may deny entry
of such ship to Bermuda ports or offshore terminals.

(2) In any case where a ship to which these Regulations apply
is suspected of a contravention of the requirements of these Regulations,
the ship shall be liable to be detained.

(3) Where a ship is liable to be detained under these
Regulations, section 242 of the Merchant Shipping Act 2002 (which
relates to the detention of a ship) shall apply as if for the words "this Act"
where they appear, there are substituted "the Merchant Shipping
(Prevention of Air Pollution from Ships) Regulations 2005".

(4) Where a ship other than a Bermuda ship is —

(a) denied entry pursuant to paragraph (1); or

(b) detained pursuant to paragraph (2),

the Minister shall immediately inform the flag State of the ship or the
appropriate authorities of that State.

Offences
19 (1) If any ship fails to comply with any requirement of these
Regulations, the owner and master of that ship commit an offence and
are punishable on summary conviction by a fine not exceeding
$10,000.00 and on conviction on indictment by a fine not exceeding
$20,000.00.

(2) If a local fuel oil supplier or a local fuel oil supplier's
representative fails to comply with any requirement under these
Regulations or makes a false declaration in the bunker delivery note,
each of them commits an offence and is punishable on summary
conviction by a fine not exceeding $10,000.00 and on conviction on
indictment by a fine not exceeding $20,000.00.

(3) It shall be a defence for a person charged under paragraph
(1) or (2) to show that he took all reasonable precautions and exercised
all due diligence to avoid the commission of the offence.

(4) Where an offence under this regulation is committed, or
would have been committed save for the operation of paragraph (3), by
any person due to the act or default of some other person, that other
person commits the offence, and a person may be charged with and
convicted for an offence by virtue of this paragraph whether or not
proceedings are taken against the first mentioned person.

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FROM SHIPS) REGULATIONS 2005


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Offences by corporate bodies
20 (1) Where a body corporate commits an offence under these
Regulations and that offence is proved to have been committed with the
consent or connivance of, or to be attributable to any neglect on the part
of —

(a) any director, manager, secretary or other similar officer
of the body corporate; or

(b) a person who was purporting to act in such capacity,

he as well as the body corporate commit that offence and are liable to be
proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its
members, paragraph (1) shall apply in relation to the acts and defaults of
a member in connection with his functions of management as if he were
a director of the body corporate.

(3) Where an offence under these Regulations committed by a
partnership is proved —

(a) to have been committed with the consent or connivance
of; or

(b) to be attributable to any neglect on the part of,

a partner, he as well as the partnership shall be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.

Restriction on jurisdiction over offences outside Bermuda limits
21 (1) No proceedings for an offence of contravening regulations
11, 12, 13, 14 or 15 by a ship which is not a Bermuda ship, which
relates to an emission in the internal waters, Territorial Waters or
Exclusive Economic Zone of another State shall be instituted unless —

(a) that State, the flag state or a State damaged or
threatened by the emission requests that proceedings be
taken; or

(b) the emission has caused or is likely to cause pollution in
controlled waters or Bermuda waters.

(2) Where proceedings for an offence of contravening regulation
11, 12, 13, 14 or 15 by a ship which is not a Bermuda ship which relates
to an emission in the internal waters, Territorial Sea or Exclusive
Economic Zone of another State have been instituted but not concluded,
and that State requests suspension of the proceedings, then —

(a) proceedings shall be suspended; and

(b) the Minister shall transmit all the evidence and court
records and documents relating to the case to that State.



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FROM SHIPS) REGULATIONS 2005


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(3) It shall be a defence to a person charged with contravening
regulation 11, 12, 13, 14 or 15 for the defendant to show —

(a) that the ship is not a Bermuda ship; and

(b) the discharge took place outside controlled waters or
Bermuda waters; and

(c) the ship was in a port of Bermuda at the time of the
institution of proceedings by reason only of stress of
weather or other reason beyond the control of the master
or owner or charterer.

Suspension of proceedings at flag state request
22 (1) This regulation relates to an alleged offence of contravening
regulations 11, 12, 13, 14 or 15 by a ship which is not a Bermuda ship,
in relation to a discharge outside Bermuda waters.

(2) Any proceedings for such an offence shall be stayed if the
court is satisfied that the flag state has instituted proceedings
corresponding to the proceedings in Bermuda in respect of the emission,
within 6 months of the institution of proceedings in Bermuda.

(3) Paragraph (2) does not apply —

(a) where the emission resulted in major damage to
Bermuda; or

(b) the Minister certifies that the flag state has repeatedly
disregarded its obligation to enforce effectively the
requirements of the Convention in respect of its ships.

(4) Where proceedings instituted by the flag state have been
brought to a conclusion, the suspended proceedings shall be terminated.

Arbitration and compensation
23 (1) Sections 104 and 105 of the Merchant Shipping Act 2002
(arbitration and compensation) shall apply in relation to a detention
notice under these Regulations as they apply to a detention notice under
section 103 subject to the modifications in paragraph (2).

(2) The modifications referred to in paragraph (1) are —

(a) references to "relevant inspector" means a person
making an inspection under these Regulations;

(b) section 104 shall apply in relation to a ship to which
these Regulations apply as if the following words were
omitted —

(i) in subsection (1) "in pursuance of section
103(4)(b)";

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FROM SHIPS) REGULATIONS 2005


21

(ii) in subsection (2), the words from "unless" to the
end;

(iii) in subsection (3), "to whether the ship was or
was not a dangerously unsafe ship";

(iv) in subsection (5), "as dangerously unsafe ship";
and

(c) section 105 shall apply in relation to a ship to which
these Regulations apply as if for subsection (1) there
were substituted —

"(1) If on reference under section 104 relating to a
detention notice in relation to a ship, the owner of the
ship shows to the satisfaction of the arbitrator that —

(a) any matter did not constitute a valid basis
for the relevant inspector's opinion; and

(b) there were no reasonable grounds for the
inspector to form that opinion,

the arbitrator may award the owner such compensation
in respect of any loss suffered by him in consequence of
the detention of the ship as the arbitrator thinks fit.".



SCHEDULES

SCHEDULE 1 (Regulation 12)

PART I

ENGINE EXCLUDED FROM REGULATION 12 BY VIRTUE OF
THE PROTOCOL OF 1997



Engines excluded from regulation 12 by virtue of the Protocol of 1997

1. Regulation 12 does not apply to —

(a) any equipment or other device intended to be used solely
in case of emergency including an emergency diesel
engine and engines installed in lifeboats; and

(b) engines installed on ships solely engaged in voyages
within Bermuda waters provided that such engines are
subject to an alternative nitrogen oxide control measure
that has been approved by the Minister; or



MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


22



(c) any diesel engine the Minister has excluded from this
regulation which is installed on a ship constructed, or
which undergoes a major conversion, before 19th May
2005, provided the ship is solely engaged in voyages to
ports or offshore terminals within Bermuda waters.

PART II

FURTHER EXCLUSIONS OF SHIPS, ENGINES AND
COMPONENTS FROM REGULATION 12

Further exclusions of ships, engines and components from regulation 12

1 In this part of this Schedule —

"major engine modification" means the modification of an engine
which could potentially cause the engine to exceed the
emission limits set out in the NOx Technical Code excluding
routine replacement of engine components that do not alter
the emission characteristics or increase the rated power of
the engine by more than 15 per cent;

"marine diesel engine" means any reciprocating internal
combustion engine operating on liquid or dual fuel, to which
regulations 5, 6 and 13 apply, including booster and
compound systems if applied;

"recreational craft" means any boat of any type intended for
sports and leisure purposes of hull length from 2.5 metres to
24 metres measured according to the harmonised standard,
fitted with a marine diesel engine of over 130 kW and whether
used for charter or recreational boating;

"personal watercraft" means a vessel less than 4 metres in length
which uses an internal combustion engine having a jet water
pump as its primary source of propulsion and designed to be
operated by a person sitting, standing or kneeling on, rather
than within the confines of the hull;

"propulsion engine" means any spark or compression ignition,
internal combustion engine used for propulsion purposes,
including two-stroke and four-stroke, inboard, stern-drive
with or without integral exhaust and outboard engines.

2 Regulation 13 does not apply to —

(a) recreational craft and partly completed craft;

(b) personal watercraft;

MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


23

(c) marine diesel engines which are installed or specifically
intended for installation on or in recreational craft and
personal watercraft;

(d) marine diesel engines installed on or in recreational craft
and personal watercraft that are subject to major engine
modification,

to the extent that those items are not excluded under Part 1 of this
Schedule.

SCHEDULE 2 (Regulation 12)

NITROGEN OXIDES
1. The Technical File

Every marine diesel engine covered by regulation 12 must have a
technical file which identifies the engine's components, settings or
operating values which influence exhaust emissions. The technical file
must be prepared by the engine manufacturer and approved by the
relevant Certifying Authority, and is required to accompany an engine
throughout its life on board the ship. It must be maintained in good
order and not subjected to any unauthorised alteration, amendments,
omission or deletions. The engine to which the technical file refers is to
be installed in accordance with the rating (kW and speed) and duty cycle
as approved together with any limitation imposed by the technical file.

2. The technical file must, at a minimum, contain the following
information ⎯

(a) identification of those components, settings and
operating values of the engine which influence its NOx
emissions;

(b) identification of the full range of allowance adjustments
or alternatives for the components of the engine;

(c) a full record of the relevant engine's performance,
including the engine's rated speed and rated power;

(d) a system of on-board NOx verification procedures to
verify compliance with the NOx emission limits during
on-board verification surveys;

(e) a copy of the pre-certification test report;

(f) if applicable, the designation and restrictions for an
engine which is a member of an engine group or engine
family;

(g) specifications of those spare parts or components which,
when used in the engine, according to those



MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


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specifications, will result in continued compliance of the
engine with the NOx emission limits; and

(h) the EIAPP Certificate.

2. Survey options

To ensure that engines are in compliance with regulation 12 after
installation, each engine with an EIAPP Certificate must be checked at
least once prior to issuance of the IAPP Certificate and at every
intermediate annual and renewal survey, using one of the three onboard
NOx verification methods listed below ⎯

(a) engine parameter check in accordance with 6.2 of the
NOx Technical Code to verify that an engine's
component, setting and operating values have not
deviated from the specifications in the engine's technical
file;

(b) simplified measurement method in accordance with 6.3
of the NOx Technical Code; or

(c) the direct measurement and monitoring method in
accordance with 2.3.4, 2.3.5, 2.3.7, 2.3.8, 2.3.11, and
5.5. of the NOx Technical Code.

3. Engine parameter check method

Included in, or in addition to, the technical file described in paragraph 1
of this Schedule the ship-owner or person responsible for ships equipped
with diesel engines must maintain on board the following document in
relation to the on-board NOx verification procedures specified in
paragraph 2(d) of this schedule ⎯

(a) a record book of engine parameters for recording all of
the changes made relative to an engine's components
and settings;

(b) an engine parameter list of an engine's designated
components and setting and the documentation of an
engine's load-dependent operating values submitted by
an engine manufacturer and approved by the Certifying
Authority; and

(c) technical documentation of an engine component
modification when such a modification is made to any of
the engine's designated engine components.

3.2 Record book of engine parameters

Descriptions of any changes affecting the designated engine parameters,
including adjustments, parts replacements and modifications to engine
parts, must be recorded chronologically in the engine's record book of

MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


25

engine parameters specified in 3(a) of this schedule. Those descriptions
must be supplemented with any other applicable data used for the
assessment of the engine's NOx levels. Any intended change to the NOx
sensitive components or setting outside the limits listed in the technical
file must be approved by the relevant Certifying Authority. Routine
replacement of engine components by parts specified in the technical file
that do not alter emission characteristics are not regarded as a
"substantial modification" regardless of whether one part or many parts
are replaced.

4 Simplified method

Where an engine covered by these regulations is fitted to a ship,
constructed before 1 January 2000, has been modified the 'simplified
measurement method' may be used to establish if the change can be
regarded as a 'substantial modification' that will increase it's existing
emission characteristics in excess of the allowances set out in 6.3.11 of
the NOx technical code this method can also be used for the subsequent
renewal and intermediate surveys when required. This method is a
simplified version of the full test-bed methodology and there are certain
allowances which may be applied in calculating the final emissions
figures to take account of possible deviations in instrument accuracy and
the presence of nitrogen in the fuel (see paragraph 6 of this Schedule).

5 Direct measurement and monitoring method

Direct measurement and monitoring method must be carried out in
accordance with the applicable sections of chapters 2 and 5 of the NOx
Technical Code.

6 Modifications to diesel engines

If any adjustments or modifications are made to any engine after its pre-
certification, a full record of such adjustments or modifications must be
recorded in the engine's record book of engine parameters.

If all of the engines installed on board are verified to remain within the
parameters, components, and adjustable features recorded in the
technical file, the engines should be accepted as performing within the
NOx limits specified in regulation 12. In this case, with respect to this
Code, an IAPP Certificate may then be issued to the ship.



If any adjustment or modification is made which is outside the approved
limits documented in the technical file, the IAPP Certificate may be
issued only if the overall NOx emission performance is verified to be
within the required limits by ⎯

(a) direct on-board NOx monitoring equipment,
approved by a Competent Authority;

(b) a simplified on-board NOx measurement; or



MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION
FROM SHIPS) REGULATIONS 2005


26



(c) reference to the test-bed testing for the relevant
engine group approval showing that the
adjustments or modifications do not exceed the
NOx emissions limits.

Where an engine covered by these Regulations is fitted to a ship,
constructed before 1 January 2000, has been modified and does not
have the necessary technical data to conduct a parameter check survey
the IAPP Certificate may be issued only if the overall NOx emission
performance is verified to be within the required limits by ⎯

(a) direct on-board NOx monitoring equipment,
approved by a Competent Authority as described in
section 5 of this Schedule; and

(b) the simplified on board NOx measurement as
described in section 4 of this Schedule.

7 Second Hand Engines

Regulation 12(2)(a) does not apply to second hand engines manufactured
before 1 January 2000 which have been overhauled or re-conditioned if
they replace existing engines in ships constructed before 1 January 2000
as this does not constitute a major conversion under Regulation 12
(2)(b). However, modifications which increase the maximum continuous
rating of these engines by more than 10% or a substantial modification
are considered a major conversion and in such instances the NOx
emission limits in Regulation 12 will apply. To establish whether a
modification should be regarded as a substantial modification the
methods described in section 4 or 5 of this schedule should be used.

Regulation 12(2)(a) will apply to a new engine built on or after 1 January
2000, which is replacing an engine in a new or existing ship.

SCHEDULE 3 (Regulation 14)

VOLATILE ORGANIC COMPOUNDS
All ports and terminals within Bermuda which would like to declare a
VOC control area as provided for in regulation 14(1) must apply to the
Minister for approval. The application must include the information on
the size of tankers to be controlled, the cargoes requiring vapour
emission control systems and the date the port or terminal would like
the controls to start. The application must be submitted at least one
year before the date that the port or terminal has applied for the VOCs to
be regulated.

All vapour emission control systems within ports or terminals within
Bermuda must be approved by the Minister in accordance with
MSC/Circ 585, "Standards for Vapour Emission Control Systems".

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FROM SHIPS) REGULATIONS 2005


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All Bermuda registered tankers which are subject to vapour emission
control within a port or terminal that has been notified to the IMO under
regulation 15 of the 1997 Protocol to MARPOL (Annex VI), shall be
provided with a vapour collection system taking into account MSC/Circ
585, "Standards for Vapour Emission control Systems".

All ships which are subject to vapour emission control in a port or
terminal within Bermuda that has been approved by the Minister must
be provided with a vapour collection system approved in accordance with
MSC/Circ 585, "Standards for Vapour Emission Control Systems".

Regulation 14 will only apply to gas carriers when the type of loading and
containment systems allow safe retention of non-methane VOCs on
board or their safe return ashore.



SCHEDULE 4 (Regulation 16)

INFORMATION TO BE INCLUDED IN A BUNKER DELIVERY
NOTE

1 Name and International Maritime Organisation number of
receiving ship;

2 Port where delivery takes place;

3 Date of commencement of delivery;

4 Name, address and telephone number of fuel oil supplier;

5 Product name;

6 Quantity in metric tons;

7 Density at 15ºC (kg/m3) where the fuel has been tested in
accordance with 1SO 3675(a); and

8 Sulphur content (%m/m) where the fuel has been tested in
accordance with ISO 8754(b).





Made this 3rd day of October, 2005





Minister of Tourism and Transport