Merchant Shipping (Prevention of Oil Pollution) Regulations 2010

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Merchant Shipping (Prevention of Oil Pollution) Regulations 2010
MERCHANT SHIPPING PREVENTION OF OIL POLLUTION
REGULATIONS 2010


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BR 74/2010

MERCHANT SHIPPING ACT 2002

2002 : 35

MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION)
REGULATIONS 2010

ARRANGEMENT OF SECTIONS

PART I
GENERAL

1 Citation, commencement,
interpretation and
revocation

2 Applications and
exemptions

3 Equivalents

PART II
SURVEYS, CERTIFICATES AND

OIL RECORD BOOK

4 Surveys
5 Responsibilities of Owner

and Master
6 Issue and Endorsement of

Certificates
7 Duration and validity of

Certificates
8 Extension of validity of

Certificates

9 Procedure to be adopted
when corrective action is
necessary

10 Oil Record Book

PART III
REQUIREMENTS FOR

CONTROL OF OPERATIONAL
POLLUTION - CONTROL OF

DISCHARGE OF OIL

11 General exceptions
12 Ships other than oil

tankers and machinery
space bilges of oil tankers

13 Oil Tankers
14 Oil filtering equipment

and oil discharge
monitoring and control
system

15 Retention of oil on board
16 Methods for the

prevention of oil pollution

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from ships operating in
special areas

PART IV
REQUIREMENTS FOR THE
SEGREGATION OF CARGO

17 Interpretation of Part IV
18 General application (New

tankers of 20,000 tons
deadweight and above)

Existing crude oil tankers of
40,000 tons deadweight and

above

Existing product carriers of
40,000 tons deadweight and

above

An oil tanker described in the
IOPP as a segregated ballast oil

tanker

19 Protective location of
segregated ballast spaces

20 Requirements for oil
tankers with dedicated
clean ballast tanks

21 Requirements for crude
oil washing

22 Existing oil tankers
engaged in specific trades

23 Existing oil tankers
having special ballast
arrangements

24 Segregation of oil and
water ballast and carriage
of oil in forepeak tanks

25 Tanks for oil residue
(sludge)

26 Pumping, piping and
discharge arrangements
of oil tankers

PART V
REQUIRMENTS FOR

MINIMISING OIL POLLUTION
FROM OIL TANKERS DUE TO
SIDE AND BOTTOM DAMAGE

27 Interpretation
28 Limitation of size and

arrangement of cargo
tanks

29 Subdivision and stability

Intact Stability of Oil Tankers of
5,000 tons Deadweight and

Above

PART VI
IMPROVED REQUIREMENTS

FOR THE DESIGN AND
CONSTRUCTION OF OIL
TANKERS AGAINST OIL

POLLUTION IN THE EVENT OF
COLLISION OR STRANDING

30 “New” oil tankers
(building contracts after 5
July 1993)

31 “Existing” oil tankers
(building contracts before
6 July 1993) compliance
with double hull or
equivalent design
requirements for single
hull oil tankers

PART VII
OFFSHORE INSTALLATIONS

32 Requirements for Offshore
Installations

PART VIII
PREVENTION OF POLLUTION

ARISING FROM AN OIL
POLLUTION INCIDENT

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33 Shipboard oil pollution
emergency plan

PART IX
POWERS TO INSPECT, DENY

ENTRY, DETENTION AND
PENALTIES

34 Power to inspect
35 Power to deny entry or

detain
36 Penalties
37 Enforcement and

application of fines

PART X
PROCEEDINGS FOR

POLLUTION OFFENCES
COMMITTED OUTSIDE

BERMUDA WATERS

38 Restriction on jurisdiction
over offences outside
Bermuda limits

39 Suspension of
proceedings at flag state
request

40 Supplementary




The Minister with responsibility for Maritime Administration, in
exercise of the powers conferred by section 122 of the Merchant Shipping
Act 2002 and of all other powers enabling him in that behalf, hereby
makes the following Regulations for the purpose of giving effect to the
provisions of Annex I to the International Convention for the Prevention
of Pollution from Ships 1973, as amended:

PART I

GENERAL

Citation, commencement, interpretation and revocation
1 (1) These Regulations may be cited as the Merchant Shipping
(Prevention of Oil Pollution) Regulations 2010.

(2) In these Regulations, except where the context otherwise
requires—

"amidships" means at the middle of the length (L);

"Annex I" means Annex I to the Convention (which sets out
regulations for the prevention of pollution by oil);

"anniversary date" means the day and month in each year
corresponding to the day and month of expiry of the IOPP
Certificate;

"approved" means approved by the Minister with responsibility
for Maritime Administration or by a Certifying Authority;

"area" in relation to a ship shall be calculated in all cases to
moulded lines;

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

"breadth" (B) means the maximum breadth of the ship,
measured amidships to the moulded line of the frame in a
ship with a metal shell and to the outer surface of the hull in
a ship with a shell of any other material, measured in metres;

"centre tank" means any tank inboard of a longitudinal
bulkhead;

“Certificate” has the same meaning as "IOPP Certificate" as
defined within these Regulations;

"Certifying Authority" means the Minister with responsibility for
Maritime Administration or any person authorised by the
Minister and includes in particular (if so authorised) Lloyd's
Register, Bureau Veritas, Det Norske Veritas, Germanischer
Lloyd, the American Bureau of Shipping, RINA and Class NK;

"chemical tanker" means a ship constructed or adapted for the
carriage in bulk of any liquid product listed in chapter 17 of
the International Bulk Chemical Code;

"clean ballast" means the ballast in a tank which, since oil was
last carried therein, has been so cleaned that the effluent
there from, if it were discharged from a ship which is
stationary into clean calm water on a clear day would not
produce visible traces of oil on the surface of the water or on
adjoining shorelines or cause a sludge or emulsion to be
deposited beneath the surface of the water or upon adjoining
shorelines. If the ballast is discharged through an approved
oil discharge monitoring and control system, evidence based
on such a system that the oil content of the effluent did not
exceed 15 ppm shall be determinative that the ballast was
clean, notwithstanding the presence of visible traces referred
to above;

"combination carrier" means a ship designed to carry either oil or
solid cargoes in bulk;

"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;

"the Convention" means the International Convention for the
Prevention of Pollution from Ships 1973, including its
protocols, Annex I (but no other Annex) and appendices

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thereto, as amended by the Protocol of 1978 to that
Convention and includes all the amendments adopted by the
Organisation's Marine Environment Protection Committee;

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

"crude oil" means any liquid hydrocarbon mixture occurring
naturally in the earth, whether or not treated to render it
suitable for transportation, and includes —

(a) crude oil from which certain distillate fractions may have
been removed; and

(b) crude oil to which certain distillate fractions may have
been added;

"crude oil tanker" means an oil tanker engaged in the trade of
carrying crude oil;

"deadweight" (DW) means the difference in metric tons between
the displacement of a ship in water of a relative density of
1.025 at the load waterline corresponding to the assigned
summer freeboard and the lightweight of the ship;

"discharge", in relation to harmful substances or effluents
containing such substances, means any release, howsoever
caused, from a ship and includes any escape, disposal,
spilling, leaking, pumping, emitting or emptying; but does not
include —

(a) dumping within the meaning of the Convention on the
Prevention of Marine Pollution by Dumping of Wastes
and Other Matter signed in London on 13 November
1972; or

(b) release of harmful substances directly arising from the
exploration, exploitation and associated off-shore
processing of sea-bed mineral resources; or

(c) release of harmful substances for purposes of legitimate
scientific research into pollution abatement or control,

and "to discharge" shall be constructed accordingly;

"existing ship", without prejudice to regulation 17(2), means a
ship which is not a new ship;

"filtering equipment" means filters or any combination of
separators and filters which are designed to produce effluent
containing not more than 15ppm of oil;

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

"forward and after perpendiculars" shall be taken at the forward
and after ends of the length (L). The forward perpendicular
shall coincide with the foreside of the stem on the waterline
on which the length is measured;

"Government ship" has the same meaning as in 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;

"Guidelines and Specifications for oil discharge monitoring and
control systems for oil tankers" means Resolution A496 (XII)
or the revised Guidelines and specifications for oil discharge
control and monitoring systems for oil tankers adopted by the
Organisation by Resolution A.586(14), or the Revised
Guidelines and specifications for oil discharge monitoring and
control systems for oil tankers adopted by the Organisation
by Resolution MEPC.108(49) as applicable;

"harmful substance" means any substance which, if introduced
into the sea, is liable to create hazards to human health, to
harm living resources and marine life, to damage amenities or
interfere with other legitimate uses of the sea, and includes
any substance subject to control by the present Convention;

"instantaneous rate of discharge of oil content" means the rate of
discharge of oil in litres per hour at any instant divided by the
speed of the ship in knots at the same instant;

"IOPP Certificate" means the International Oil Pollution
Prevention Certificate issued in accordance with the
Convention;

“International Bulk Chemical Code” means the International
Code for Construction and Equipment of Ships carrying
Dangerous Chemicals in Bulk;

"length" (L) means 96 per cent of the total length on a waterline
at 85 per cent of the least moulded depth measured from the
top of the keel, or the length from the foreside of the stem to
the axis of the rudder stock on that waterline, if that be
greater. In ships designed with a rake of keel the waterline on
which this length is measured shall be parallel to the
designed waterline. The length (L) shall be measured in
metres;

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"lightweight" means the displacement of a ship in metric tons
without cargo, fuel, lubricating oil, ballast water, fresh water
and feed water in tanks, consumable stores, and passengers
and crew and their effects;

"major conversion" means a conversion of an existing ship —

(a) which substantially alters the dimensions or carrying
capacity of the ship; or

(b) which changes the type of the ship; or

(c) the intent of which, in the opinion of the Minister with
responsibility for Maritime Administration, is
substantially to prolong its life; or

(d) which otherwise so alters the ship that, if it were a new
ship, it would become subject to relevant provisions of
the Protocol not applicable to it as an existing ship;

but conversion of —

(e) an existing oil tanker of 20,000 tons deadweight and
above to meet the requirements of regulation 18; or

(f) an existing oil tanker to meet the requirements of
regulation 31,

shall not be deemed to constitute a major conversion;

“Merchant Shipping Notice” means a notice described as such
and issued by the United Kingdom Maritime and Coastguard
Agency, and any reference to a particular Merchant Shipping
Notice includes a reference to any Merchant Shipping Notice
amending or replacing that Notice;

"mile" means an international nautical mile that is to say a
distance of 1,852 metres;

“Minister” means the Minister with responsibility for Maritime
Administration

"nearest land": in relation to all land other than the part of
Australia specified below, "from the nearest land" means from
the nearest base-line from which the territorial sea of any
territory is established in accordance with the United Nations
Convention on the Law of the Sea ; and in relation to the part
of the North-eastern coast of Australia which lies between the
points 11°00'S, 142°08'E and 24°42'S, 153°15'E, "from the
nearest land" means from the nearest of the straight lines
joining consecutively the following points —

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11°00'S, 142°08'E; 10°35'S, 141°55'E; 10°00'S, 142°00'E;
9°10'S, 143°52'E; 9°00'S, 144°30'E; 13°00'S, 144°00'E;
15°00'S, 146°00'E; 18°00'S, 147°00'E; 21°00'S, 153°00'E and
24°42'S, 153°15'E;

"new ship", except as provided in regulation 17(1), means a
ship —

(a) for which the building contract was placed after 31
December 1975; or

(b) in the absence of a building contract, the keel of which
was laid or which was at a similar stage of construction
after 30 June 1976; or

(c) the delivery of which is after 31 December 1979; or

(d) which has undergone a major conversion —

(i) for which the contract was placed after 31
December 1975; or

(ii) in the absence of a contract, the construction work
of which was begun after 30 June 1976; or

(iii) which is or was completed after 31 December 1979;

"oil" means petroleum in any form including crude oil, fuel oil,
sludge, oil refuse and refined products, other than those
petrochemicals which are subject to the provisions of Annex
II of the Convention and, without limiting the generality of the
foregoing, includes the substances listed in appendix I of
Annex I of the Convention;

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

"oil tanker" means a ship constructed or adapted primarily to
carry oil in bulk in its cargo spaces and includes a
combination carrier or any “NLS tanker” as defined in Annex
II of the present Convention and any gas carrier as defined in
regulation 3.20 of chapter II-1 of SOLAS 74 (as amended)
when carrying a cargo or part cargo of oil in bulk;

“oil tanker delivered on or before 1 June 1982” means an oil
tanker—

(a) for which the building contract is placed on or before 1
June 1979; or

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(b) in the absence of a building contract, the keel of which is
laid or which is at a similar stage of construction on or
before 1 January 1980; or

(c) the delivery of which is on or before 1 June 1982; or

(d) which has undergone a major conversion—

(i) for which the contract is placed on or before 1 June
1979; or

(ii) in the absence of a contract, the construction work
of which is begun on or before 1 January 1980; or

(iii) which is completed on or before 1 June 1982

“oil tanker delivered after 1 June 1982” means an oil tanker—

(a) for which the building contract is placed after 1 June
1979; or

(b) in the absence of a building contract, the keel of which is
laid or which is at a similar stage of construction after 1
January 1980; or

(c) delivery of which is after 1 June 1982; or

(d) which has undergone a major conversion—

(i) for which the contract is placed after 1 June 1979;
or

(ii) in the absence of a contract, the construction work
of which is begun after 1 January 1980; or

(iii) which is completed after 1 June 1982.

“oil tanker delivered before 6 July 1996” means an oil tanker—

(a) for which the building contract is placed before 6 July
1993; or

(b) in the absence of a building contract, the keel of which is
laid or which is at a similar stage of construction before
6 January 1994; or

(c) the delivery of which is before 6 July 1996; or

(d) which has undergone a major conversion—

(i) for which the contract is placed before 6 July 1993;
or

(ii) in the absence of a contract, the construction work
of which is begun before 6 January 1994; or

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(iii) which is completed before 6 July 1996.

“oil tanker delivered on or after 6 July 1996” means an oil
tanker—

(a) for which the building contract is placed on or after 6
July 1993; or

(b) in the absence of a building contract, the keel of which is
laid or which is at a similar stage of construction on or
after 6 January 1994; or

(c) the delivery of which is on or after 6 July 1996; or

(d) which has undergone a major conversion—

(i) for which the contract is placed on or after 6 July
1993; or

(ii) in the absence of a contract, the construction work
of which is begun on or after 6 January 1994; or

(iii) which is completed on or after 6 July 1996.

“oil tanker delivered on or after 1 February 2002” means an oil
tanker—

(a) for which the building contract is placed on or after 1
February 1999; or

(b) in the absence of a building contract, the keel of which is
laid or which is at a similar stage of construction on or
after 1 August 1999; or

(c) the delivery of which is on or after 1 February 2002; or

(d) which has undergone a major conversion—

(i) for which the contract is placed on or after 1
February 1999; or

(ii) in the absence of a contract, the construction work
of which is begun on or after 1 August 1999; or

(iii) which is completed on or after 1 February 2002.

“oil tanker delivered on or after 1 January 2010” means an oil
tanker—

(a) for which the building contract is placed on or after 1
January 2007; or

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(b) in the absence of a building contract, the keel of which is
laid or which is at a similar stage of construction on or
after 1 July 2007; or

(c) the delivery of which is on or after 1 January 2010; or

(d) which has undergone a major conversion—

(i) for which the contract is placed on or after 1
January 2007; or

(ii) in the absence of a contract, the construction work
of which is begun on or after 1 July 2007; or

(iii) which is completed on or after 1 January 2010;

"oily mixture" means a mixture with any oil content;

"permeability" of a space means the ratio of the volume within
that space which is assumed to be occupied by water to the
total volume of that space;

"ppm" means parts per million;

"product carrier" means an oil tanker engaged in the trade of
carrying oil other than crude oil;

"proper officer" has the same meaning as in section 2 of the
Merchant Shipping Act 2002;

"Recommendations on International Performance and Test
Specifications for Oily Water Separating Equipment and Oil
Content Meters" means Resolution A393(X), or the guidelines
and specifications for pollution prevention equipment for
machinery space bilges of ships, adopted by the Marine
Environment Protection Committee by resolution
MEPC.60(33), or the Revised guidelines and specifications for
pollution prevention equipment for machinery space bilges of
ships adopted by the Marine Environment Protection
Committee by resolution MEPC.107(49);

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

"segregated ballast" means the ballast water introduced into a
tank which is completely separated from the cargo oil and oil
fuel system and which is permanently allocated to the
carriage of ballast or to the carriage of ballast or cargoes
other than oil or noxious liquid substances;

"separating equipment" means either separators or filters, or any
combination of them, which are approved in accordance with
the "Recommendations on International Performance and

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Test Specifications for Oily Water Separating Equipment and
Oil Content Meters";

"ship" means a vessel of any type whatsoever operating in the
marine environment including waters navigable by sea-going
vessels and includes submersible craft, floating craft and a
structure which is a fixed or floating platform but excludes
hovercraft;

“ship delivered on or before 31 December 1979” means a ship—

(a) for which the building contract is placed on or before 31
December 1975; or

(b) in the absence of a building contract, the keel of which is
laid or which is at a similar stage of construction on or
before 30 June 1976; or

(c) the delivery of which is on or before 31 December 1979;
or

(d) which has undergone a major conversion—

(i) for which the contract is placed on or before 31
December 1975; or

(ii) in the absence of a contract, the construction work
of which is begun on or before 30 June 1976; or

(iii) which is completed on or before 31 December 1979;

“ship delivered after 31 December 1979” means a ship—

(a) for which the building contract is placed after 31
December 1975; or

(b) in the absence of a building contract, the keel of which is
laid or which is at a similar stage of construction after
30 June 1976; or

(c) the delivery of which is after 31 December 1979; or

(d) which has undergone a major conversion—

(i) for which the contract is placed after 31 December
1975; or

(ii) in the absence of a contract, the construction work
of which is begun after 30 June 1976; or

(iii) which is completed after 31 December 1979.

"slop tank" means a tank specifically designed for the collection
of tank drainings, tank washings and other oily mixtures;

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“short international voyage” means—

(a) a voyage from a port in one country to which the
Convention applies to a port in another country; or
conversely

(b) a voyage which does not exceed 1,000 miles distance
between the last port of call in the country in which the
voyage begins and the last port of call in the scheduled
voyage before beginning a return voyage, and which on
the return voyage does not exceed 1,000 miles in
distance between the port of call in which the ship
commences its return voyage and the first port of call in
the country in which the voyage began.

For the purposes of this definition no account shall be taken of
any deviation by a ship, from her intended voyage, due solely to
stress of weather or any other circumstances that neither the
master nor the owner nor the charterer (if any) of the ship could
have prevented or forestalled;

"special area" means a sea area where, for recognised technical
reasons in relation to its oceanographical and ecological
condition and to the particular character of its traffic, the
adoption of special mandatory methods for the prevention of
sea pollution by oil is required, and shall include those areas
listed in Annex I of the Convention;

"Specifications for Oil Tankers with Dedicated Clean Ballast
Tanks" means the International Maritime Organisation's
Resolution Number A495 (XII);

"Specifications for Oil/Water Interface Detectors" means the
International Maritime Organisation's Resolution Number
MEPC 5(XIII);

"Specifications for the Design, Operation and Control of Crude
Oil Washing Systems", means the International Maritime
Organisation's Resolution Number A446(XI) as amended by
Resolutions A.497(XII) and A.897(21);

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

"tank" means an enclosed space which is formed by the
permanent structure of a ship and which is designed for the
carriage of liquid in bulk;

"volume" in relation to a ship shall be calculated in all cases to
moulded lines;

"wing tank" means any tank adjacent to the side shell plating.

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(3) For the avoidance of doubt, these Regulations replace the
Merchant Shipping (Prevention of Oil Pollution) Regulations 1988.

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

(a) Bermuda ships;

(b) other ships while they are within Bermuda or the
territorial waters thereof; and

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

(2) These Regulations do not apply to 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.

(3) The Minister may exempt a ship of a new type whose
constructional features are such as to render the application of any of
the provisions of regulations 10 to 32 relating to construction and
equipment unreasonable or impracticable from those provisions,
provided that the construction and equipment of that ship provides
equivalent protection against pollution by oil, having regard to the service
for which it is intended. Particulars of any such exemption granted by
the Minister shall be indicated in the IOPP Certificate referred to in
regulation 6.

(4) In ships, other than oil tankers, fitted with cargo spaces
which are constructed and used to carry oil in bulk of an aggregate
capacity of 200 cubic metres or more, the requirements of regulations
10, 12, 13, 15(1), (2) and (3), 16, 24, 26 and 28(4) for oil tankers shall
also apply to the construction and operation of these spaces, except that
where such aggregate capacity is less than 1,000 cubic metres it shall be
sufficient to comply with the requirements of regulation 15(4) as if they
applied to the ship in lieu of those of regulation 15(1), (2) and (3).

(5) The Minister may grant exemptions from all or any of the
provisions of these Regulations (as may be specified in the exemption) for
classes of ships or individual ships on such terms (if any) as he may so
specify and may, subject to giving reasonable notice, alter or cancel any
such exemption.

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Equivalents
3 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, but shall not
permit the substitution of operational methods to control the discharge
of oil as being equivalent to those design and construction features
which are prescribed by these Regulations.

PART II

SURVEYS, CERTIFICATES AND OIL RECORD BOOK

Surveys
4 (l) A Bermuda oil tanker of 150 GT and above and every other
Bermuda ship of 400 GT and above, shall be subject to the following
surveys—

(a) before the ship is put in service, or before an IOPP
Certificate is first issued in relation to the ship, an initial
survey as set out in regulation 4(1)(a) of Annex I;

(b) within five years of the first issue of an IOPP Certificate,
and thereafter at intervals which, subject to regulation
7(3) and 8(3) to (6), shall be no more than five years, a
renewal survey as set out in regulation 4(1)(b) of Annex I;
and

(c) after a repair resulting from investigations prescribed in
regulation 5(4) below, or whenever any important repairs
or renewals are made, an additional survey as set out in
regulation 4(1)(e) of Annex I .

(2) A Bermuda oil tanker of 150 GT and above and every other
Bermuda ship of 400 GT and above shall also be subject to the following
surveys—

(a) within three months before or after the second or third
anniversary date of an IOPP Certificate being issued, an
intermediate survey as set out in regulation 4(1)(c) of
Annex I; and

(b) within three months before or after each anniversary
date of the issue of the ship's IOPP Certificate, other
than when an intermediate survey is required to be
carried out within that period, an annual survey as set
out in regulation 4(1)(d) of Annex I .

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Responsibilities of owner and master
5 (1) The owner and master of every ship shall ensure that the
condition of the ship and its equipment shall be maintained to conform—

(a) in the case of a Bermuda ship, or any ship surveyed
pursuant to these Regulations, with the provisions of
these Regulations;

(b) in the case of any other ship, with the requirements of
Annex I,

so as to ensure that the ship in all respects will remain fit to proceed to
sea without presenting an unreasonable threat of harm to the marine
environment.

(2) The owner and master of every ship shall ensure that after
any survey of the ship required by these Regulations or by Annex I (as
applicable) has been completed, no change shall be made in the
structure, equipment, systems, fittings, arrangements or material
covered by the survey without the approval of the appropriate Certifying
Authority, or of the Administration of the State which carried out the
survey for that ship, except by direct replacement.

(3) The owner and master of every ship shall ensure that
whenever an accident occurs to a ship or a defect is discovered which, in
either case, substantially affects the integrity of the ship or the efficiency
or completeness of its equipment—

(a) if the ship is a Bermuda ship, it is reported at the
earliest opportunity to the Minister and to any other
appropriate Certifying Authority;

(b) if the ship is a Bermuda ship in a port outside Bermuda
it is also reported to the proper officer and to the
appropriate authorities of the country in which the port
is situated; and

(c) if the ship is a non-Bermuda registered ship in a port in
Bermuda, it is reported at the earliest opportunity to the
Minister.

(4) Whenever an accident or defect is reported—

(a) to the Minister or a Certifying Authority under
paragraph (3)(a); or

(b) to the proper officer under paragraph (3)(b),

the Minister, Certifying Authority or proper officer shall cause
investigations to be initiated to determine whether or not a survey by a

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surveyor is necessary, and if a survey is found to be necessary require
that survey to be carried out.

Issue and Endorsement of Certificates
6 (1) Where the Certifying Authority is satisfied after the
completion of an initial or renewal survey carried out in accordance with
regulation 4(1)(a) or (b) above that the requirements of Annex I are being
complied with, that Certifying Authority shall issue to any oil tanker of
150 GT and above and any other ship of 400 GT and above engaged in
international voyages, an IOPP Certificate.

(2) Where the Certifying Authority is satisfied after the
completion of an intermediate or annual survey in accordance with the
provisions of regulation 4(2)(a) or (b) above that the requirements of
Annex I are being complied with, that Certifying Authority shall so
endorse the IOPP Certificate issued to the ship.

(3) If any oil tanker of 150 GT and above and any other ship of
400 GT and above which was previously under the flag of another State
becomes a Bermuda registered ship engaged in voyages to ports or
offshore terminals under the jurisdiction of other Parties to the
Convention, a Certifying Authority shall issue an IOPP Certificate to the
ship if it is fully satisfied that the ship is in compliance with the
requirements of regulation 4(4)(a) and 4(4)(b) of Annex I.

(4) If any oil tanker of 150 GT and above and any other ship of
400 GT and above which was previously under the flag of another State
becomes a Bermuda registered ship not engaged in voyages to ports or
offshore terminals under the jurisdiction of other Parties to the
Convention, a Certifying Authority shall issue an IOPP Certificate to the
ship if it is fully satisfied that the ship is in compliance with the
requirements of regulation 4(4)(a) and 4(4)(b) of Annex I.

(5) The Minister may, through a proper officer or otherwise,
request the Administration of a State which is a Party to the Convention
to carry out a survey of a Bermuda registered ship and, if satisfied that
the requirements of Annex I are complied with—

(a) to issue or authorise the issue of an IOPP Certificate to
the ship, or to endorse or authorise the endorsement of
such a Certificate in accordance with the requirements
of that Annex;

(b) to include in the Certificate a statement to the effect that
it has been issued or endorsed at the request of the
Minister; and

(c) to transmit a copy of the survey report and the
Certificate to the Minister as soon as possible.

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(6) A Certificate issued or endorsed in accordance with
paragraph (5) shall have the same force and receive the same recognition
as a Certificate issued or endorsed in accordance with paragraphs (1) to
(3).

(7) The Minister may, at the request of the Administration of a
State which is a Party to the Convention, carry out a survey of a ship
registered in that State and, if satisfied that the requirements of Annex I
are complied with, issue an IOPP Certificate to the ship or endorse such
a Certificate in accordance with the requirements of that Annex.

(8) The Minister shall include in any Certificate issued or
endorsed in accordance with paragraph (7) a statement to the effect that
it has been issued or endorsed at the request of that Administration, and
shall transmit a copy of the survey report and the Certificate to that
Administration as soon as possible.

(9) A Certificate issued or endorsed in accordance with
paragraph (7) shall have effect as if issued or endorsed by the
Administration of the State which requested the survey of the ship to be
carried out.

(10) An IOPP Certificate issued or endorsed in accordance with
this regulation shall be drawn up in a form corresponding to the model
given in Appendix II to Annex I .

Duration and validity of Certificates
7 (1) Subject to paragraphs (2) to (5), an IOPP Certificate shall be
issued—

(a) on the date of the completion of the relevant survey;

(b) as being valid from the date of issue; and

(c) for a period of validity not exceeding five years.

(2) Where a renewal survey required under regulation 4(1)(b)
above has been completed within a period of three months before the
date of expiry of an IOPP Certificate, the new Certificate shall be issued
as being valid from the date of expiry of the existing Certificate.

(3) Subject to regulation 8(6) below, where a renewal survey
required under regulation 4(l)(b) above has been completed after the
expiry of an IOPP Certificate, the new Certificate shall be issued as being
valid from the date of expiry of that expired Certificate.

(4) Where an annual or intermediate survey is completed before
the period prescribed for such a survey in regulation 4(2) above—

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(a) the anniversary date shown on the IOPP Certificate shall
be amended by endorsement to a date which shall not
be more than three months later than the date on which
the survey was completed;

(b) subsequent annual or intermediate surveys required
under regulation 4(2) shall be completed at the intervals
prescribed by those regulations using the new
anniversary date; and

(c) the expiry date may remain unchanged provided one or
more annual or intermediate surveys, as appropriate,
are carried out so that the maximum intervals between
the surveys prescribed by regulation 4(2) are not
exceeded.

(5) An IOPP Certificate shall cease to be valid—

(a) if its period of validity has been exceeded and the
Certificate has either not been extended by the
appropriate Certifying Authority in accordance with
regulation 8 or the period of any such extension has
expired;

(b) if the relevant surveys have not been completed within
the periods specified in regulation 4 and the Certificate
endorsed in accordance with regulation 6; or

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

Extension of validity of Certificates
8 (1) Where an IOPP Certificate has been issued for a period of
validity of less than five years and the intermediate and annual surveys
required under regulation 4(2) above have been completed, the
appropriate Certifying Authority may extend the validity of that
Certificate so that the Certificate is valid for a maximum period of five
years.

(2) Where a renewal survey required under regulation 4(1)(b)
has been completed before the expiry of an IOPP Certificate but the new
Certificate cannot be issued or placed on board the ship before the expiry
of the existing Certificate, the appropriate Certifying Authority may
endorse the existing Certificate as valid for a period not exceeding five
months from the expiry date of the existing Certificate.

(3) Where a renewal survey required under regulation 4(1)(b)
has not been completed before the expiry of an IOPP Certificate and at
the time of expiry the ship is not in a port in which it is to be surveyed,
the appropriate Certifying Authority may, where it appears to it proper

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and reasonable to do so, extend the validity of the Certificate, solely for
the purpose of allowing the ship to complete its voyage to its port of
survey, for a period of no more than three months.

(4) Where no other extension has been granted, the appropriate
Certifying Authority may extend the validity of the IOPP Certificate of a
ship used solely on short international voyages for a period of no more
than one month.

(5) An extension of validity under paragraph (3) or (4) above
shall be disregarded for the purposes of determining the date of expiry of
an existing IOPP Certificate under regulation 7(2) or (3).

(6) In special circumstances as determined by the Minister ,
where a renewal survey required under regulation 4(1)(b)—

(a) has been completed after the expiry of the IOPP
Certificate;

(b) has been completed during the period for which the
validity of the IOPP Certificate has been extended in
accordance with paragraph (3); or

(c) has been completed during the period for which the
validity of the IOPP Certificate has been extended in
accordance with paragraph (4),

the new Certificate may be issued as being valid from the date of the
completion of the renewal survey.

Procedure to be adopted when corrective action is necessary
9 (1) In any case where the Certifying Authority determines that
the condition of a Bermuda ship or its equipment does not correspond
with the particulars of the IOPP 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 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 IOPP 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.

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

(5) Where, in the case of a ship of a Convention country (other
than Bermuda) which is for the time being in a Bermuda port, the
nominated surveyor or the Certifying Authority responsible for issuing
the IOPP 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. The Minister may then take such steps as will ensure that
the ship shall not sail until it can proceed to sea or leave the port for the
purposes of proceeding to the nearest appropriate repair yard available
without presenting an unreasonable threat of harm to the marine
environment.

Oil Record Book
10 (1) Every ship of 400 GT and above, other than an oil tanker,
and every oil tanker of 150 GT and above shall be provided with an Oil
Record Book, Part I (Machinery Space Operations). Every oil tanker of
150 GT and above shall also be provided with an Oil Record Book, Part II
(Cargo/Ballast Operations). The Oil Record Book shall be in the form
prescribed in the Convention.

(2) The Oil Record Book shall be completed on each occasion,
on a tank-to-tank basis if appropriate, whenever any of the following
operations take place in the ship—

(a) for machinery space operations (all ships) —

(i) ballasting or cleaning of oil fuel tanks;

(ii) discharging ballast or cleaning water from oil
fuel tanks;

(iii) disposing oily residues (sludge);

(iv) discharging overboard bilge water which has
accumulated in machinery spaces;

(b) for cargo/ballast operation (oil tankers) —

(i) loading oil cargo;

(ii) internal transfer of oil cargo during voyage;

(iii) unloading oil cargo;

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(iv) ballasting cargo tanks and dedicated clean
ballast tanks;

(v) cleaning cargo tanks including crude oil
washing;

(vi) discharging ballast except from segregated
ballast tanks;

(vii) discharging water from slop tanks;

(viii) closing, after the discharge of the contents of the
slop tanks, all valves or similar devices opened
to permit such operations;

(ix) closing those valves necessary for the isolation of
dedicated clean ballast tanks from cargo and
stripping lines after slop tank discharge
operations; and

(x) disposing residues.

(3) In the event of a discharge of oil or oily mixture as is
referred to in regulation 11 or in the event of an accidental or other
exceptional discharge of oil not excepted by that regulation, a statement
shall be made in the Oil Record Book of the circumstances of, and the
reasons for, the discharge.

(4) Each operation described in paragraph (2) shall be fully
recorded without delay in the Oil Record Book so that all entries in the
book appropriate to that operation are completed. Each completed
operation shall be signed by the officer or officers in charge of the
operations concerned and each completed page shall be signed by the
master.

(5) The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and, except in the
case of unmanned ships under tow, shall be kept on board. It shall be
preserved for a period of three years after the last entry has been made.

(6) The Minister or a person authorised by the Certifying
Authority may inspect the Oil Record Book on board whilst the ship is in
a port or offshore terminal and may make a copy of any entry in that
book and may require the master of the ship to certify that the copy is a
true copy of such an entry. Any such copy shall be admissible in any
judicial proceedings as evidence of the facts stated in the entry. The
inspection of an Oil Record Book and the taking of a certified copy by the
Minister, or a person so authorised, under this paragraph shall be
performed as expeditiously as possible without causing the ship to be
unduly delayed.

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PART III

REQUIREMENTS FOR CONTROL OF OPERATIONAL
POLLUTION - CONTROL OF DISCHARGE OF OIL

General exceptions
11 The provisions of regulations 12, 13 and 16 shall not apply to—

(a) any discharge into the sea of oil or oily mixture
necessary for the purpose of securing the safety of a ship
or saving life at sea; or

(b) any discharge into the sea of oil or oily mixture which
results from damage to a ship or its equipment provided
that —

(i) all reasonable precautions were taken after the
damage, or discovery of the discharge, to prevent
or minimise the discharge; and

(ii) the owner or the master did not act either with
intent to cause damage, or recklessly and with
knowledge that damage would probably result;
or

(c) any approved discharge into the sea of substances
containing oil, when being used for the purpose of
combating specific pollution incidents in order to
minimise the damage from pollution. Any such
discharge shall be subject to the approval of any
Government in whose jurisdiction it is contemplated the
discharge will be made.

Ships other than oil tankers and machinery space bilges of oil
tankers
12 (1) This regulation applies —

(a) subject to regulation 11, to —

(i) Bermuda ships other than oil tankers; and

(ii) Bermuda oil tankers in relation to discharges
from their machinery space bilges (unless mixed
with oil cargo residue) but excluding cargo pump
room bilges,

wherever they may be; and

(b) subject to regulations 11 and 38, to —

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(i) other ships, other than oil tankers; and

(ii) other oil tankers, in relation to discharges from
their machinery space bilges (unless mixed with
oil cargo residue) but excluding cargo pump
room bilges,

wherever they may be.

(2) Subject to paragraph (3), a ship to which this regulation
applies shall not discharge oil or oily mixture into any part of the sea
unless all the following conditions are satisfied —

(a) the ship is proceeding on a voyage;

(b) the ship is not within a special area;

(c) the oil content of the effluent does not exceed 15ppm;
and

(d) the ship has in operation the filtering equipment and the
oil discharge and monitoring and control system,
required by regulation 14.

(3) No discharge into the sea shall contain chemicals or other
substances in quantities or concentrations which are hazardous to the
marine environment or contain chemicals or other substances
introduced for the purpose of circumventing the conditions of discharge
prescribed by this regulation.

(4) Insofar as any oil or oily mixture has not been unloaded as
cargo and may not be discharged into the sea in compliance with
paragraphs (2) or (3), it shall be retained on board and discharged into
reception facilities.

(5) Subject to paragraph (6), this regulation does not apply to
discharges which occur landward of the line which for the time being is
the baseline for measuring the breadth of the territorial waters of
Bermuda.

(6) Notwithstanding paragraph (5), discharges prohibited by
paragraph (3) shall continue to be prohibited when made in the sea on
the landward side of the line referred to in paragraph (5).

Oil Tankers
13 (1) Subject to regulation 11 this regulation applies to—

(a) every Bermuda oil tanker; and

(b) subject to regulation 38, every other oil tanker wherever
it may be.

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(2) Subject to paragraph (3) an oil tanker to which this
regulation applies shall not discharge any oil or oily mixture (except
those for which provision is made in regulation 12) into any part of the
sea unless all the following conditions are satisfied—

(a) the tanker is proceeding on a voyage;

(b) the tanker is not within a special area;

(c) the tanker is more than 50 miles from the nearest land;

(d) the instantaneous rate of discharge of oil content does
not exceed 30 litres per mile;

(e) the total quantity of oil discharged into the sea does not
exceed 1/30,000 of the total quantity of the particular
cargo of which the residue formed a part, or, in the case
of existing tankers, the total quantity of oil discharged
does not exceed 1/15,000 of the total quantity of the
particular cargo of which the residue formed a part; and

(f) the tanker has in operation an oil discharge monitoring
and control system and a slop tank arrangement as
required by regulation 15.

(3) The provisions of paragraph (2) shall not apply to the
discharge of clean or segregated ballast or unprocessed oily mixture
which without dilution has an oil content not exceeding 15 ppm and
which does not originate from cargo pump room bilges and is not mixed
with oil cargo residues.

(4) No discharge into the sea shall contain chemicals or other
substances in quantities or concentrations which are hazardous to the
marine environment or contain chemicals or other substances
introduced for the purposes of circumventing the conditions of discharge
prescribed by this regulation.

(5) Insofar as any oil or oily mixture has not been unloaded as
cargo and may not be discharged into the sea in compliance with
paragraph (2), it shall be retained on board and shall be discharged into
reception facilities.

(6) Subject to paragraph (7), this regulation does not apply to
discharges which occur landward of the line which for the time being is
the baseline for measuring the breadth of the territorial waters of
Bermuda.

(7) Notwithstanding paragraph (6), discharges prohibited by
paragraph (4) shall continue to be prohibited when made in the sea on
the landward side of the line referred to in paragraph (6).

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Oil filtering equipment and oil discharge monitoring and control
system
14 (1) Subject to paragraph (3), every ship of 400 GT and above
but less than 10,000 GT shall be fitted with oil filtering equipment
complying with paragraph (5); and any such ship which carries ballast
water in its bunker fuel tanks—

(a) shall—

(i) in addition, be provided with an alarm device
and the means for automatically stopping the
discharge of oily mixture when the oil content in
the effluent exceeds 15 ppm complying with the
specifications referred to in paragraph (6); and

(ii) not discharge such ballast water into the sea
unless using that equipment and a record of any
such discharge shall be made in the Oil Record
Book; or

(b) shall discharge the ballast water to reception facilities.

(2) Subject to paragraphs (3) and (6), every ship which is of
10,000 GT and above shall be provided with —

(a) oil filtering equipment complying with paragraph (5); and

(b) oil content measuring equipment fitted with a 15ppm
alarm device and with arrangements for automatically
stopping any discharge of oily mixture when the oil
content in the effluent exceeds 15 ppm, both complying
with paragraph (6).

(3) The Minister may waive the requirements in paragraphs (1)
and (2) if a ship is engaged exclusively on voyages within special areas
and —

(a) it is fitted with a holding tank having a volume adequate
for the retention on board of all oily bilge water;

(b) all oily bilge water is retained on board for subsequent
discharge to reception facilities;

(c) adequate reception facilities are available to receive such
oily bilge water in a sufficient number of ports or
terminals that the ship calls at;

(d) the IOPP Certificate, when required, is endorsed to the
effect that the ship is exclusively engaged on voyages
within special areas; and

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(e) the relevant entries are recorded in the Oil Record Book.

(4) Every ship which is of less than 400 GT shall, so far as
reasonably practicable be constructed to ensure that oil or oily mixtures
are retained on board and discharged to reception facilities or, if oil or
oily mixtures are to be discharged into the sea, are so discharged in
accordance with the requirements of regulation 12(2).

(5) Oil filtering equipment shall be of an approved design in
accordance with the specification for such equipment set out in the
Recommendations on International Performance and Test Specifications
for Oily Water Separating Equipment and Oil Content Meters.

(6) Oil content measuring equipment and alarm device shall be
of an approved design in accordance with the specification for such
equipment set out in the Recommendations on International
Performance and Test Specifications for Oily Water Separating
Equipment and Oil Content Meters, and the arrangements for
automatically stopping any discharge shall be of an approved design.

Retention of oil on board
15 (1) Subject to the provisions of paragraphs (5) and (6), oil
tankers of 150 GT and above shall comply with the requirements of
paragraphs (2) and (3).

(2) In respect of oil tankers of 150 GT and above —

(a) adequate means shall be provided for cleaning the cargo
tanks and transferring the dirty ballast residues and
tank washings from the cargo tanks into a slop tank. In
existing oil tankers, any cargo tank may be designated
as a slop tank.

(b) arrangements shall be provided to transfer the oil waste
into a slop tank or combination of slop tanks in such a
way that any effluent discharges into the sea will be
such as to comply with regulation 13.

(c) the slop tank or combination of slop tanks provided
shall have sufficient capacity to retain the slops
generated by tank washings, oil residues and dirty
ballast residues; and that capacity shall be not less than
3 per cent of the cargo oil carrying capacity of the ship
unless —

(i) segregated ballast tanks or dedicated clean
ballast tanks are provided in accordance with
regulation 18, or a cargo tank cleaning system
using crude oil washing, in accordance with

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regulation 21. In that event the total capacity of
the slop tank or tanks may be reduced to 2 per
cent of the oil carrying capacity of the ship;

(ii) in the case of combination carriers, the oil cargo
is carried in tanks with smooth walls, where the
said total capacity may be reduced to 1 per cent
of the oil carrying capacity of the ship,

Provided that, where the tank washing arrangements are
such that, once the slop tank or tanks are charged with
washing water, this water is sufficient for the tank washing
and, where applicable, for providing the driving fluid for the
pumps (including eductors) without the introduction of
additional water into the system, the above figures of 3 per
cent, 2 per cent and 1 per cent may be reduced to 2 per
cent, 1.5 per cent and 0.8 per cent respectively:

(d) slop tanks shall be so designed, particularly as regards
the position of inlets, outlets, baffles or weirs (where
fitted), as to avoid excessive turbulence and entrainment
of oil or emulsion with water;

(e) new oil tankers of 70,000 tons deadweight and above
shall be provided with at least two slop tanks.

(3) In respect of oil tankers of 150 GT and above —

(a) an oil discharge monitoring and control system of an
approved design shall be fitted. It shall be designed and
installed in accordance with the Guidelines and
Specification for Oil Discharge and Control Systems for
Oil Tankers;

(b) any such system shall be fitted with a recording device
to provide, unless otherwise required by the Guidelines
and Specifications referred to in subparagraph (a) a
continuous record of the discharge of oil in litres per
mile and the total quantity of oil discharged or, in lieu of
the total quantity of oil discharged, the oil content and
rate of discharge of the effluent. The record shall be
identifiable as to the time and date and be kept for at
least three years;

(c) the system shall be brought into operation when there is
a discharge of effluent into the sea and shall be such as
to ensure that any discharge of oily mixture is, unless
otherwise permitted by the Guidelines and Specifications
referred to in subparagraph (a), automatically stopped

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when the instantaneous rate of discharge of oil exceeds
30 litres per mile;

(d) on any failure of the system the discharge shall be
stopped and the failure noted in the Oil Record Book. A
manually operated alternative system shall be provided
and may be used in the event of such a failure, but the
defective unit shall be made operable as soon as
possible. If a tanker with a defective unit is within
Bermuda or the territorial waters thereof, the Minister
may allow the tanker to undertake one ballast voyage
before proceeding to a repair port;

(e) effective oil/water interface detectors, of a design
approved in accordance with the Specifications for
Oil/Water Interface Detectors, shall be provided for the
rapid and accurate determination of the oil/water
interface in slop tanks and in other tanks where the
separation of oil and water is effected and from which it
is intended to discharge effluent directly to the sea;

(f) approved instruction manuals on the operation and
maintenance of the various components comprising the
oil discharge monitoring and control system shall be
provided. These manuals shall contain information on
manual as well as automatic operation and shall be so
drawn up as to ensure that at no time will oil be
discharged except in compliance with the conditions
specified in regulation 13.

(4) Oil tankers of less than 150 GT pursuant to regulation 13
shall retain oil and all contaminated washings on board for subsequent
discharge to reception facilities. The total quantity of oil and water used
for washing and returned to a storage or slop tank shall be recorded in
the Oil Record Book. This total quantity shall be discharged to reception
facilities unless adequate arrangements are made to ensure that any
effluent which is discharged into the sea is effectively monitored to
ensure that the provisions of regulation 13 are complied with.

(5) The requirements of —

(a) paragraphs (1), (2) and (3) shall not apply to any oil
tanker which is engaged exclusively on voyages of 72
hours or less in duration and within 50 miles of the
nearest land, provided that—

(i) the oil tanker is engaged exclusively in trade
between ports or terminals within Bermuda;

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(ii) the oil tanker retains on board all oily mixtures
for subsequent discharge to reception facilities;

(iii) the Minister has determined that adequate
facilities are available to receive such oily
mixtures; and

(b) paragraph (3) shall not apply to any oil tanker where—

(i) the tanker is an existing oil tanker of 40,000
deadweight tons or above, engaged in specific
trades, in accordance with regulations 22(1) and
complying with the conditions specified in
regulation 22(2); or

(ii) subject to subparagraph (b)(iii), the tanker is
engaged exclusively on voyages -

(aa) within special areas; or

(bb) within 50 miles from the nearest
land outside special areas and —

(A) trading between ports and
terminals within Bermuda;
or

(B) on restricted voyages of 72
hours or less in duration;

(iii) tankers to which subparagraph (b) (ii) applies
shall comply with the following requirements —

(aa) all oily mixtures are retained on
board for subsequent discharge to
reception facilities;

(bb) for voyages specified in
subparagraph (b)(ii)(bb) adequate
reception facilities are available to
receive such oily mixtures in those
oil loading ports or terminals the
tanker calls at;

(cc) the IOPP Certificate is endorsed to
the effect that the ship is exclusively
engaged in one or more of the
categories of voyages specified in
subparagraphs (b)(ii)(aa) and
(b)(ii)(bb); and

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(dd) the relevant entries are recorded in
the Oil Record Book.

(6) Paragraphs (1), (2) and (3) shall not apply to oil tankers
carrying asphalt or other products subject to the provisions of these
Regulations which, through their physical properties, inhibit effective
product/water separation and monitoring: in such cases the
requirements of regulation 13 shall be satisfied by the retention of
residues on board and the discharge of all contaminated washings to
reception facilities.

Methods for the prevention of oil pollution from ships operating in
special areas
16 (1) For the purposes of these regulations Special Areas are
those defined from time to time in a Resolution of the Maritime
Environment Protection Committee of the International Maritime
Organisation.

(2) Subject to the provisions of regulation 11 and paragraph
(3), there shall be prohibited —

(a) in the Antarctic area, any discharge into the sea from
any Bermuda ship of oil or oily mixture; and

(b) in every Special Area other than the Antarctic area —

(i) any discharge into the sea of oil or oily mixture
from any Bermuda oil tanker or from any
Bermuda ship of 400 GT or above other than an
oil tanker; and

(ii) any discharge into the sea of oil or oily mixture
from a Bermuda ship of less than 400 GT other
than an oil tanker, except when the oil content
of the effluent without dilution does not exceed
15 ppm.

(3) The provisions of —

(a) paragraph (2) shall not apply to the discharge of clean or
segregated ballast;

(b) paragraph (2)(a) and (b)(i) shall not apply to the
discharge of processed bilge water from machinery
spaces, provided that all the following conditions are
satisfied —

(i) the bilge water does not originate from cargo
pump room bilges;

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(ii) the bilge water is not mixed with cargo oil
residues;

(iii) the ship is proceeding on a voyage;

(iv) the oil content of the effluent, without dilution,
does not exceed 15 ppm of mixture;

(v) the ship has in operation an oil filtering system
complying with regulation 14(5) and equipment
complying with regulation 14(6);

(vi) the oil filtering system is equipped with a
stopping device which will ensure that the
discharge is automatically stopped if the oil
content of the effluent exceeds 15 ppm parts of
the mixture.

(4) In Antarctica and any other Special Area —

(a) no discharge into the sea shall contain chemicals or
other substances in quantities or concentrations which
are hazardous to the marine environment or contain
chemicals or other substances introduced for the
purpose of circumventing the conditions of discharge
specified in this regulation; and

(b) where residues of oil or oily mixture may not be
discharged into the sea in compliance with paragraphs
(2) or (3), they shall be retained on board and shall only
be discharged into reception facilities.

(5) Nothing in this regulation shall prohibit a ship on a voyage
only part of which is in a special area from discharging outside the
special area in accordance with regulations 12 and 13.

(6) A Bermuda ship shall not enter the Antarctic unless —

(a) it is fitted with a tank or tanks of sufficient capacity for
the retention on board of all sludge, dirty ballast, tank
washing water and other oily residues and mixtures
while operating in the area; and

(b) it has concluded arrangements to have such oily
residues and mixtures discharged into a reception
facility after it has left the area.

(7) Subject to regulation 38, this regulation, other than
paragraph (6), applies to ships which are not Bermuda ships as it applies
to Bermuda ships.

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PART IV

REQUIREMENTS FOR THE SEGREGATION OF CARGO

Interpretation of Part IV
17 (1) Notwithstanding the provisions of regulation 1(2), for the
purposes of this Part a "new oil tanker" means an oil tanker—

(a) for which the building contract was placed after 1 June
1979; or

(b) in the absence of a building contract, the keel of which
was laid, or which was at a similar stage of construction
after 1 January 1980; or

(c) the delivery of which was after 1 June 1982; or

(d) which has undergone a major conversion—

(i) for which the contract was placed after 1 June
1979; or

(ii) in the absence of a contract, the construction
work of which was begun after 1st January
1980; or

(iii) which was completed after 1 June 1982,

except that, for oil tankers of 70,000 tons deadweight and
above, the definitions in regulation 1(2) shall apply for the
purposes of regulation 18(1).

(2) For the purposes of regulations 18, 21, 22, 23, 26(5) and
26(6) an "existing oil tanker" means an oil tanker which is not a new oil
tanker as defined in paragraph (1).

General application (New tankers of 20,000 tons deadweight and
above)
18 (1) Every new crude oil tanker of 20,000 tons deadweight and
above and every new product carrier of 30,000 tons deadweight and
above shall be provided with segregated ballast tanks and shall comply
with paragraphs (2), (3) and (4), and (5) if appropriate.

(2) The capacity of the segregated ballast tanks shall be such
that the ship can operate safely on ballast voyages without recourse to
the use of cargo tanks for water ballast except as provided for in
paragraph (3) or (4):

Provided that the capacity of the segregated ballast tanks shall be at
least such that, in any ballast condition at any part of the voyage,

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including the condition consisting of lightweight plus segregated ballast
only, the ship's draughts and trim can meet each of the following
requirements—

(a) the moulded draught amidships (dm) in metres (without
taking into account any ship's deformation) shall not be
less than 2.0+0.02L;

(b) the draughts at the forward and after perpendiculars
shall correspond to those determined by the draught
amidships (dm) as specified in subparagraph (a), in
association with the trim by the stern of not greater than
0.015L; and

(c) in any case the draught at the after perpendicular shall
not be less than that which is necessary to obtain full
immersion of the propeller.

(3) In no case shall ballast water be carried in cargo tanks,
except—

(a) on those voyages when weather conditions are so severe
that, in the opinion of the master, it is necessary to carry
additional ballast water in cargo tanks for the safety of
the ship;

(b) where the particular character of the operation of an oil
tanker renders it necessary to carry ballast water in
excess of the quantity which may be carried in
segregated ballast tanks under paragraph (2), provided
that the Department of Maritime Administration has
approved that method of operation,

and any such additional ballast water shall be processed and discharged
in accordance with the requirements of regulations 13 and 15 and an
entry of the discharge shall be made in the Oil Record Book.

(4) In the case of new crude oil tankers, the additional ballast
permitted by paragraph (3) shall be carried only in cargo tanks that have
been crude oil washed in accordance with regulation 21 before departure
from an oil unloading port or terminal.

(5) Notwithstanding the provisions of paragraph (2) the
capacity of the segregated ballast tanks for new oil tankers less than 150
metres in length shall be as may be determined by the Minister.

(6) Every new crude oil tanker of 20,000 tons deadweight and
above shall be fitted with a cargo tank cleaning system using crude oil
washing. This system shall fully comply with the requirements of
regulation 21 within one year after the tanker is first engaged in the

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trade of carrying crude oil or by the end of the third voyage carrying
crude oil suitable for crude oil washing, whichever occurs later. Unless
an oil tanker carries crude oil which is not suitable for crude oil washing,
it shall operate the system in accordance with regulation 21.

Existing crude oil tankers of 40,000 tons deadweight and above

(7) Subject to the provisions of paragraphs (8) and (9) and to
the provisions of regulations 22 and 23, every existing crude oil tanker of
40,000 tons deadweight and above shall be provided with segregated
ballast tanks and shall comply with the requirements of paragraphs (2)
and (3).

(8) Subject to regulations 22 and 23, existing crude oil tankers
of 40,000 tons deadweight and above may, in lieu of being provided with
segregated ballast tanks, operate with a cargo tank cleaning procedure
using crude oil washing in accordance with regulation 21 unless the
crude oil tanker is intended to carry crude oil which is not suitable for
crude oil washing.

Existing product carriers of 40,000 tons deadweight and above

(9) Subject to regulation 22, every existing product carrier of
40,000 tons deadweight and above shall be provided with segregated
ballast tanks and shall comply with the requirements of paragraphs (2)
and (3) or, alternatively, operate with dedicated clean ballast tanks in
accordance with the provisions of regulation 20.

An oil tanker described in the IOPP as a segregated ballast oil tanker

(10) Any oil tanker which is not required to be provided with
segregated ballast tanks in accordance with paragraphs (1), (7) or (9)
may be described in the IOPP Certificate as a segregated ballast tanker if
it complies with the requirements of paragraphs (2) and (3), or paragraph
(5) if appropriate.

Protective location of segregated ballast spaces
19 In every new crude oil tanker of 20,000 tons deadweight and
above and every new product carrier of 30,000 tons deadweight and
above, the segregated ballast tanks required to provide the capacity to
comply with regulation 18 which are located within the cargo tank length
shall be arranged, in accordance with the requirements of Schedule 1 in
Merchant Shipping Notice No 1643/MARPOL 1 to provide a measure of
protection against oil outflow in the event of grounding or collision.

Requirements for oil tankers with dedicated clean ballast tanks
20 (1) An oil tanker operating with dedicated clean ballast tanks in
accordance with the provisions of regulation 18(9) shall have adequate

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tank capacity, dedicated solely to the carriage of clean ballast to meet the
requirements of regulations 18(2) and (3) as those provisions apply to
segregated ballast tanks.

(2) The arrangements and operational procedures for dedicated
clean ballast tanks shall comply with the requirements of Specifications
for Oil Tankers with Dedicated Clean Ballast Tanks.

(3) An oil tanker operating with dedicated clean ballast tanks
shall be equipped with an oil content meter approved in accordance with
the specification for such equipment set out in the Recommendations on
International Performance and Test Specifications for Oily Water
Separating Equipment and Oil Content Meters, so as to permit
supervision of the oil content in the ballast water being discharged.

(4) Every oil tanker operating with dedicated clean ballast
tanks shall be provided with a dedicated Clean Ballast Tank Operation
Manual detailing the system and specifying operational procedures. This
Manual shall be approved by the Department of Maritime Administration
and shall contain all the information set out in the Specifications referred
to in paragraph (2). If an alteration affecting the dedicated clean ballast
tank system is made, the Operation Manual shall be revised, and the
revision approved by the Department of Maritime Administration.

Requirements for crude oil washing
21 (1) Every crude oil washing system required to be provided in
accordance with regulation 18(6) and (8) shall comply with the
requirements of this regulation.

(2) The crude oil washing installation and associated
equipment and arrangements (including qualification of personnel) shall
comply with the requirements and specifications set out in Specifications
for the Design, Operation and Control of Crude Oil Washing Systems.

(3) With respect to the ballasting of cargo tanks, sufficient
cargo tanks shall be crude oil washed prior to each ballast voyage to
ensure that, taking into account the tanker's trading pattern and
expected weather conditions, ballast water will be put only into cargo
tanks which have been crude oil washed.

(4) Every oil tanker operating with a crude oil washing system
shall be provided with an Operations and Equipment Manual describing
the system and equipment in detail and specifying the operational
procedures to be followed. This Manual shall be approved by the
Certifying authority and shall contain all the information set out in
Specifications referred to in paragraph (2). If any alteration is made
affecting the crude oil washing system, the Operations and Equipment

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Manual shall be revised, and the revision approved by the Certifying
Authority.

Existing oil tankers engaged in specific trades
22 (1) Subject to the provisions of paragraph (2) regulations 18(7),
(8) and (9) shall not apply to an existing oil tanker engaged solely in
specific trades between—

(a) ports or terminals within a Convention Country; or

(b) ports or terminals between two or more Convention
Countries, where—

(i) the voyage is entirely within a Special Area as
defined in regulation 16(1); or

(ii) the voyage is entirely within other limits
designated by the Minister.

(2) The provisions of paragraph (1) shall apply only when the
ports or terminals where the cargo is loaded on such voyages are
provided with reception facilities adequate for the reception and
treatment of all the ballast and tank washing water from oil tankers
using them and all the following conditions are complied with—

(a) subject to the exceptions provided for in regulation 11,
all ballast water, including clean ballast water, and tank
washing residues shall be retained on board until they
are transferred to the said reception facilities, and the
entry relating to the transfer in the Oil Record Book
referred to in regulation 10 shall be endorsed by a
competent authority appointed by the Convention
Country;

(b) agreement has been reached between the Minister and
the Governments of the Convention Country or
Countries referred to in subparagraph (1) (a) or (b) on
the use of an existing oil tanker for such a trade;

(c) the adequacy of reception facilities (in accordance with
any Regulations relating to reception facilities) at the
ports or terminals referred to above, shall be approved
by the governments of the Convention Countries within
which those ports or terminals are situated; and

(d) the IOPP Certificate has been endorsed to the effect that
the oil tanker is solely engaged in such specific trade.

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Existing oil tankers having special ballast arrangements
23 (1) Where an existing oil tanker of 40,000 deadweight tons and
above is so constructed or operates in such a manner that it complies at
all times with the draught and trim requirements set out in regulation
18(2) without recourse to the use of ballast water, it shall be deemed to
comply with the segregated ballast tank requirements referred to in
regulation 18(7), provided that all the following conditions are complied
with—

(a) the operational procedures and ballast arrangements
have been approved;

(b) when the draught and trim requirements are achieved
through an operational procedure, agreement as to the
use of that procedure has been reached between the
Minister and the Governments of the Convention
Countries concerned;

(c) the IOPP Certificate has been endorsed to the effect that
the oil tanker is operating with special ballast
arrangements.

(2) In no case shall ballast be carried in cargo oil tanks except
on those voyages when weather conditions are so severe that, in the
opinion of the master, it is necessary to carry additional ballast water in
cargo tanks for the safety of the ship. Such additional ballast water shall
be discharged in compliance with regulations 13 and 15 and the
discharge of such water shall be entered in the Oil Record Book.

Segregation of oil and water ballast and carriage of oil in forepeak
tanks
24 (1) Except as provided in paragraph (2), in new ships of 4,000
GT and above other than oil tankers, and in new oil tankers of 150 GT
and above, no ballast water shall be carried in any oil fuel tank.

(2) Where abnormal conditions or the need to carry large
quantities of oil fuel render it necessary for ships referred to in
paragraph (1) to carry ballast water which is not clean ballast water in
any oil fuel tank, such ballast water shall be discharged to reception
facilities or into the sea in compliance with regulation 12 using the
equipment specified in regulation 14(2), and the discharge shall be
entered in the Oil Record Book.

(3) All other ships shall comply with the requirements of
paragraph (1) so far as it is reasonable and practicable to do so.

(4) In a ship of 400 GT and above for which the building
contract is placed after 1 January 1982 or, in the absence of a building

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contract, the keel of which is laid or which is at a similar stage of
construction after 1 July 1982, oil shall not be carried in a forepeak tank
or a tank forward of the collision bulkhead.

(5) All ships other than those subject to paragraph (4) shall
comply with the provisions of that paragraph, so far as it is reasonable
and practicable to do so.

Tanks for oil residue (sludge)
25 (1) Every ship of 400 GT and above shall be provided with a
tank or tanks of adequate capacity, having regard to the type of
machinery installed and length of voyage, to receive any oily residues
(sludges) which cannot be dealt with in accordance with the
requirements of these Regulations, such as those resulting from the
purification of fuel and lubricating oils and oil leakages in the machinery
spaces.

(2) In new ships, such tanks shall be designed and constructed
so as to facilitate their cleaning and the discharge of residues to
reception facilities. Existing ships shall comply with this requirement so
far as it is reasonable and practicable to do so.

(3) Every ship to which this regulation applies shall be provided
with piping to enable residues from machinery spaces and machinery
space bilges to be pumped to a reception facility. This piping shall be led
to the open deck and there fitted with a flange in accordance with the
dimensions given in Schedule 2 in Merchant Shipping Notice
1643/MARPOL I.

(4) Piping to and from sludge tanks shall have no direct
connection overboard other than the discharge connection required by
paragraph (3).

Pumping, piping and discharge arrangements of oil tankers
26 (1) In every oil tanker, a discharge manifold for the discharge of
dirty ballast water or oil contaminated water to reception facilities shall
be located on the open deck on both sides of the ship.

(2) In every oil tanker, pipelines for any discharge to the sea of
ballast or oil contaminated water from cargo tank areas which may be
permitted under regulations 12, 13 or 16 shall be led to the open deck or
to the ship's side above the waterline in the deepest ballast condition, or,
subject to the approval of the Department of Maritime Administration,
below the waterline—

(a) to enable such discharges below the waterline as are
permitted by paragraph (6) to be made; and

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(b) where the discharge outlet is located above the
departure ballast waterline but not above the waterline
in the deepest ballast condition, if so located before 1
January 1981.

(3) In new oil tankers, means shall be provided for stopping the
discharge into the sea of ballast water or oil contaminated water from
cargo tank areas, other than those discharges below the waterline
permitted under paragraph (6), from a position on the upper deck or
above, and so located that the manifold referred to in paragraph (1) and
the discharge to the sea from the pipe lines referred to in paragraph (2)
may be visually observed. The means for stopping the discharge may be
situated elsewhere than at the observation position if an effective
communication system, such as a telephone or radio system, is provided
between the observation position and the discharge control position.

(4) Every new oil tanker required to be provided with
segregated ballast tanks or fitted with a crude oil washing system shall
comply with the following requirements—

(a) it shall be equipped with oil piping so designed and
installed that oil retention in the lines is minimised;

(b) means shall be provided to drain all cargo pumps and all
oil lines at the completion of cargo discharge where
necessary by connection to a stripping device, so
designed that the line and pump drainings shall be
capable of being discharged both ashore and to a cargo
tank or a slop tank. For discharge ashore a special small
diameter line shall be provided and connected outboard
of the deck manifold valves, both port and starboard.

(5) Every existing crude oil tanker required to be provided with
segregated ballast tanks, or to be fitted with a crude oil washing system,
or to operate with dedicated clean ballast tanks shall comply with the
provisions of paragraph (4)(b).

(6) Ballast water or oil contaminated water from the cargo tank
areas of any oil tanker shall be discharged only above the waterline,
except that—

(a) segregated ballast and clean ballast may be discharged
below the waterline—

(i) in ports or at offshore terminals; or

(ii) at sea by gravity,

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provided that the surface of the ballast water has been
examined immediately before the discharge to ensure
that no contamination with oil has taken place;

(b) existing oil tankers which, without modification, are not
capable of discharging segregated ballast above the
waterline may discharge segregated ballast below the
waterline at sea, provided that the surface of the ballast
water has been examined immediately before the
discharge to ensure that no contamination with oil has
taken place;

(c) existing oil tankers operating with dedicated clean
ballast tanks which without modification are not capable
of discharging ballast water from the dedicated clean
ballast tanks above the waterline, may discharge this
ballast below the waterline provided that the discharge
of the ballast water is supervised with the aid of an oil
content meter as provided for in regulation 20(3);

(d) dirty ballast water or oil contaminated water from tanks
in the cargo area of an oil tanker at sea, other than slop
tanks, may be discharged by gravity below the waterline,
provided that sufficient time has elapsed in order to
allow oil/water separation to have taken place and the
ballast water has been examined immediately before the
discharge with an oil/water interface detector of the kind
referred to in regulation 15(3)(e), in order to ensure that
the height of the interface is such that the discharge
does not involve any increased harm to the marine
environment;

(e) dirty ballast water or oil contaminated water from cargo
tank areas of an existing oil tanker may be discharged
below the waterline, subsequent to or in lieu of discharge
by the method referred to in subparagraph (d), provided
that—

(i) a part of the flow of such water is led through
permanent piping to a readily accessible location
on the upper deck or above where it may be
visually observed during the discharge
operation; and

(ii) such part flow arrangements comply with the
requirements set out in Schedule 3 in Merchant
Shipping Notice No. 1643/MARPOL 1.

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PART V

REQUIREMENTS FOR MINIMISING OIL POLLUTION FROM OIL
TANKERS DUE TO SIDE AND BOTTOM DAMAGE

Interpretation
27 For the purposes of determining the permissible size and
arrangements of cargo tanks and for assessing the standard of
subdivision of oil tankers the meaning of "side and bottom damage" and
"hypothetical outflow of oil" are set out in Schedule 4 in Merchant
Shipping Notice 1643/MARPOL 1.

Limitation of size and arrangement of cargo tanks
28 (1) Every new oil tanker shall comply with the provisions of this
regulation. Every existing oil tanker shall comply with the provisions of
this regulation if—

(a) it was delivered to its first owner after 1 January 1977;
or

(b) it was delivered to its first owner on or before—

(i) 1 January 1977; and

(ii) the building contract for the tanker was placed
after 1 January 1974, or in cases where there
was no building contract the keel was laid or the
tanker was at a similar stage of construction
after 30 June 1974.

(2) Cargo tanks of oil tankers shall be of such size and
arrangement that the hypothetical outflow Oc or Os, calculated in
accordance with the provisions of Schedule 4 in Merchant Shipping
Notice No. 1643/MARPOL 1 , anywhere in the length of the ship does not
exceed 30,000 cubic metres or 400 3√ DW, whichever is the greater, but
subject to a maximum of 40,000 cubic metres.

(3) The volume of any one wing cargo oil tank of an oil tanker
shall not exceed 75 per cent of the limits of the hypothetical outflow Oc or
Os, referred to in paragraph (2). The volume of any one centre cargo oil
tank shall not exceed 50,000 cubic metres. However, in segregated
ballast oil tankers as defined in regulation 18 the permitted volume of a
wing cargo oil tank situated between two segregated ballast tanks, each
exceeding Lc in length may be increased to the maximum limit of
hypothetical oil outflow provided that the width of the wing tanks
exceeds tc, where tc is defined in Schedule 4 in Merchant Shipping Notice
No. 1643/MARPOL 1.

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(4) The length of each cargo tank shall not exceed 10 metres or
one of the following values, whichever is the greater—

(a) where no longitudinal bulkhead is provided inside the
cargo tanks, the lesser of—

(i) (0.5 bi/ B +0.1)L; and

(ii) 0.2L;

(b) where a centreline longitudinal bulkhead is provided
inside the cargo tanks—

(0.25 bi/B +0.15)L;

(c) where two or more longitudinal bulkheads are provided
inside the cargo tanks—

(i) for wing cargo tanks— 0.2L;

(ii) for centre cargo tanks—

(aa) if bi/B is equal to or greater than one
fifth — 0.2L;

(bb) if bi/B is less than one fifth—

where no centreline longitudinal
bulkhead is provided— (0.5 bi/B
+0.1)L

where a centreline longitudinal
bulkhead is provided— (0.25 bi/B
+0.15)L,

and in this paragraph "bi" is the minimum distance from the ship's side
to the outer longitudinal bulkhead of the tank in question measured
inboard at right angles to the centreline at the level corresponding to the
assigned summer freeboard.

(5) In order not to exceed the volume limits established by
paragraphs (2), (3) and (4) and irrespective of the type of cargo transfer
system installed, when such a system inter-connects two or more cargo
tanks, valves or other similar closing devices shall be provided for
separating the tanks from each other. These valves or devices shall be
closed when the tanker is at sea.

(6) Lines of piping which run through cargo tanks in a position
less than tc from the ship's side or less than Vs from the ship’s bottom,
where Vs is defined in Merchant Shipping Notice No. 1643/MARPOL 1,
shall be fitted with valves or similar closing devices at the point at which
they open into any cargo tank. These valves shall be kept closed at sea at

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any time when the tanks contain cargo oil, except that they may be
opened for cargo transfer needed for the purpose of trimming of the ship.

Subdivision and stability
29 (1) Every new oil tanker shall comply with the subdivision and
damage stability criteria specified in Schedule 5, in Merchant Shipping
Notice No. 1643/MARPOL 1.

(2) The master of every new oil tanker and the person in charge
of a new non-self propelled oil tanker to which these Regulations apply
shall be supplied by the owner with—

(a) information relating to loading and distribution of cargo
necessary to ensure compliance with the provision of
this regulation; and

(b) data on the ability of the ship to comply with the damage
stability criteria prescribed by this regulation, including
the effect of any lesser requirements that may have been
imposed by the Minister,

and such information and data shall be supplied in an approved form.

Intact stability of oil tankers of 5,000 tons deadweight and above

(3) This regulation shall apply to every oil tanker of 5,000 tons
deadweight and above—

(a) for which the building contract was placed on or after
1February 1999;

(b) in the absence of a building contract, the keel of which
was laid, or which was at a similar stage of construction,
on or after 1 August 1999;

(c) the delivery of which is on or after 1 February 2002; or

(d) which has undergone a major conversion—

(i) for which the contract was placed after 1
February 1999;

(ii) in the absence of a contract, the construction
work of which was begun after 1 August 1999;
or

(iii) which is completed after 1 February 2002.

(4) Every oil tanker to which this regulation applies shall
comply with the intact stability criteria specified in Schedule 5A in
Merchant Shipping Notice No. 1643/MARPOL 1.

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PART VI

IMPROVED REQUIREMENTS FOR THE DESIGN AND
CONSTRUCTION OF OIL TANKERS AGAINST OIL POLLUTION

IN THE EVENT OF COLLISION OR STRANDING

"New" oil tankers (building contracts after 5 July 1993)
30 (1) This regulation applies to oil tankers of 600 tons
deadweight and above—

(a) for which the building contract is placed on or after 6
July 1993; or

(b) in the absence of a building contract, the keel of which is
laid or which is at a similar stage of construction on or
after 6 January 1994; or

(c) the delivery of which is on or after 6 July 1996; or

(d) which has undergone a major conversion—

(i) for which the contract is placed after 6 July
1993; or

(ii) in the absence of a contract, the construction
work of which is begun after 6 January 1994; or

(iii) which is completed after 6 July 1996.

(2) Subject to paragraphs (4) and (5), every oil tanker of 5,000
tons deadweight and above shall comply with the requirements of
paragraph (3) and, in the case of an oil tanker in respect of which
regulation 19 makes provision, compliance with the requirements of
paragraph (3) shall be instead of compliance with the requirements of
that regulation.

(3) The entire cargo tank length shall be protected by ballast
tanks or spaces other than cargo and fuel oil tanks, in accordance with
the requirements set out in Schedule 6 in Merchant Shipping Notice No.
1643/MARPOL 1.

(4) Double bottom tanks or spaces as required by paragraph (3)
may be dispensed with, if the design of the tanker meets the conditions
set out in Schedule 7 in Merchant Shipping Notice No. 1643/MARPOL 1.

(5) Instead of complying with the requirements of paragraph (3)
or (4), an oil tanker referred to in paragraph (2) may conform to other
methods of design and construction, provided that such methods—

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(a) ensure at least the same level of protection against oil
pollution in the event of collision or stranding; and

(b) have the approval of the Minister based on guidelines
developed by the Organisation.

(6) In an oil tanker to which this regulation applies, oil shall
not be carried in any space extending forward of a collision bulkhead
provided in accordance with Regulation 11 of Chapter II-1 of SOLAS. An
oil tanker which is not required to have a collision bulkhead in
accordance with the said regulation 11 shall not carry oil in any space
extending forward of the transverse plane perpendicular to the centreline
that is located as if it were a collision bulkhead provided in accordance
with that regulation.

(7) In approving the design and construction of an oil tanker to
which this regulation applies, the Certifying Authority shall have due
regard to general safety considerations (including the need for the
maintenance of and for inspections of wing and double bottom tanks or
spaces).

“Existing” oil tankers (building contracts before 6 July 1993)
compliance with double hull or equivalent design requirements for
single hull oil tankers
31 (1) Subject to paragraph (2), this regulation shall apply to an
oil tanker of 5,000 tons deadweight and above—

(a) for which the building contract was placed before 6 July
1993; or

(b) in the absence of a building contract, the keel of which
was laid or which was at a similar stage of construction
before 6 January 1994; or

(c) the delivery of which was before 6 July 1996; or

(d) which had undergone a major conversion—

(i) for which the contract was placed before 6 July
1993; or

(ii) in the absence of a contract, the construction
work of which was begun on or before 6 January
1994; or

(iii) which was completed on or before 6 July 1996.

(1A) Subject to paragraph (2), paragraph (7) of this regulation
applies to an oil tanker of 600 tons deadweight and above.

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(2) This regulation shall not apply to an oil tanker which—

(a) complies with the requirements of Schedule 6 in
Merchant Shipping Notice No. 1643/MARPOL 1;

(b) complies with those requirements as modified in
accordance with Schedule 7 in Merchant Shipping
Notice No. 1643/MARPOL 1; or

(c) conforms to other methods of design and construction
which ensure at least the same level of protection
against oil pollution in the event of collision or stranding
and have the approval of the Minister based on
guidelines developed by the International Maritime
Organisation.

(3) For the purposes of paragraph (2)—

(a) an oil tanker which does not meet in all respects the
requirements mentioned in paragraph (2) regarding
minimum distances between the cargo tank boundaries
of the ship side and bottom plating shall be treated as
meeting those requirements if—

(i) the side protection distance is not less than that
which the IBC Code specifies for Type 2 cargo
tank location (that is to say, the said distance is
nowhere less than 760mm from the shell
plating), and

(ii) the bottom protection distance is not less than
the lesser of B/15 or 2 metres, and

(b) "the IBC Code" means the International Code for the
Construction and Equipment of Ships Carrying
Dangerous Chemicals in Bulk (1998 Edition) published
by the International Maritime Organisation.

(4) A category 1 oil tanker to which this regulation applies—

(a) if it is a Bermuda registered oil tanker, shall not operate;
and

(b) if it is any other oil tanker, shall not enter or leave a port
or offshore terminal or anchor in an area under the
jurisdiction of Bermuda—

(i) if the ship was delivered in 1981 or earlier, or
was delivered in 1982 on or before 4 August, on
or after 4 August 2005,

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(ii) if the ship was delivered in 1982 after 4 August,
on or after the anniversary in 2005 of the day
and month of that ship's delivery.

(5) A category 2 or 3 oil tanker to which this regulation
applies—

(a) if it is a Bermuda registered oil tanker, shall not operate;
and

(b) if it is any other oil tanker, shall not enter or leave a port
or offshore terminal or anchor in an area under the
jurisdiction of Bermuda—

(i) if the ship was delivered in 1976 or earlier, or
was delivered in 1977 on or before 4 August, on
or after 4 August 2005;

(ii) if the ship was delivered in 1977 after 4 August,
on or after the anniversary in 2005 of the day
and month of that ship's delivery;

(iii) if the ship was delivered in 1978 or 1979, on or
after the anniversary in 2006 of the day and
month of that ship's delivery

(iv) if the ship was delivered in 1980 or 1981, on or
after the anniversary in 2007 of the day and
month of that ship's delivery;

(v) if the ship was delivered in 1982, on or after the
anniversary in 2008 of the day and month of
that ship's delivery;

(vi) if the ship was delivered in 1983, on or after the
anniversary in 2009 of the day and month of
that ship's delivery;

(vii) if the ship was delivered in 1984 or later, on or
after the anniversary in 2010 of the day and
month of that ship's delivery.

(6) A category 2 or 3 oil tanker which is equipped only with
double bottoms or double sides not used for the transport of oil and
extending for the whole length of the cargo tank, or with double-hulled
spaces not used for the transport of oil and extending for the whole
length of the cargo tank, but which do not meet the conditions for
exemption from the provisions of paragraph 1(c) of Regulation 13G of
Annex I, may continue to operate after the date set out in relation to
such a ship in paragraph (5), but not beyond the anniversary of the date

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of delivery of the ship in the year 2015 or the date on which the ship
reaches the age of 25 years from its date of delivery, whichever is the
sooner.

(7) No oil tanker carrying heavy grades of oil shall be allowed to
enter or leave a port or offshore terminal or to anchor in an area under
the jurisdiction of Bermuda unless-

(a) it is a double hull oil tanker; or

(b) it is an oil tanker of less than 5,000 tons deadweight
operating on or before the anniversary in 2008 of the
day and month of that ship's delivery; or

(c) it is an oil tanker operating exclusively in ports and
inland navigation and duly certified under the inland
waterway legislation applicable to the ship; or

(d) it is an ice-strengthened single-hull oil tanker operating
before 21 October 2005 in ice conditions which require
the use of such a vessel, equipped with a double bottom
not used for the transport of oil and extending over the
entire length of the cargo tank, carrying heavy grades of
oil only in its central tanks.

(8) Paragraph (8A) applies to a category 2 or 3 oil tanker—

(a) on and after 4 August 2005 if on or before that date the
ship has been subject to a renewal or intermediate
survey following the fifteenth anniversary of the day and
month of the ship's delivery; and

(b) in any other case, from the date on which the ship first
has a renewal or intermediate survey following the
fifteenth anniversary of the day and month of the ship's
delivery.

(8A) A ship to which this paragraph applies—

(a) if it is a Bermuda registered tanker shall not operate;
and

(b) if it is any other tanker, shall not enter or leave a port or
offshore terminal or anchor in an area under the
jurisdiction of Bermuda,

unless it complies with the Condition Assessment Scheme adopted by
Resolution 94(46) of 27 April 2001 of the Marine Environment Protection
Committee of the International Maritime Organisation and amended by
Resolution 99(48) of 11 October 2002 and Resolution 112(50) of 4
December 2003 of that Committee.

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(9) A category 2 or 3 oil tanker, on or after the anniversary in
2015 of the day and month of that ship's delivery—

(a) if it is a Bermuda registered oil tanker, shall not operate;
and

(b) if it is any other oil tanker, shall not enter a port or
offshore terminal under the jurisdiction of Bermuda.

(10) The Minister may grant an exemption from any of
paragraphs (4) to (9) of this regulation under regulation 2(5) of these
Regulations only where that exemption—

(a) allows an oil tanker to enter a port or offshore terminal
under the jurisdiction of Bermuda;

(b) is granted in exceptional circumstances; and

(c) is granted because the oil tanker is in difficulty and in
search of a place of refuge, or is unloaded and
proceeding to a port of repair.

(11) In this regulation—

"category 1 oil tanker" means an oil tanker of 20,000 tons
deadweight and above carrying crude oil, fuel oil, heavy diesel
oil or lubricating oil as cargo, and of 30,000 tons deadweight
and above carrying oil other than the above, which does not
comply with the requirements for new oil tankers as defined
in Regulation 1(26) of Annex I of the consolidated 2002
edition of the Convention;

"category 2 oil tanker" means an oil tanker of—

(a) 20,000 tons deadweight and above which carries as
cargo crude oil, fuel oil, heavy diesel oil or lubricating oil;
or

(b) 30,000 tons deadweight and above which carries as
cargo oil other than oil mentioned in paragraph (a),

and which complies with the requirements for new oil tankers as
defined in Regulation 1(26) of Annex I of the consolidated 2002
edition of the Convention and is provided with segregated ballast
tanks protectively located ("SBT/PL");

"category 3 oil tanker" means an oil tanker of 5,000 tons
deadweight and above other than a category 1 or category 2
oil tanker;

"double hull oil tanker" means—

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(a) in relation to an oil tanker of 5,000 tons deadweight and
above, an oil tanker which complies with—

(i) the double hull or equivalent design
requirements of Regulation 13F of Annex I of the
consolidated 2002 edition of the Convention; or

(ii) the provisions of paragraph 1(c) of regulation
13G of Annex I of the consolidated 2002 edition
of the Convention; and

(b) in relation to an oil tanker of 600 tons deadweight and
above but less than 5,000 tons deadweight, an oil tanker
which—

(i) is fitted with double bottom tanks or spaces
complying with the provisions of regulation
13F(7)(a) of Annex I of the consolidated 2002 edition
of the Convention;

(ii) is fitted with wing tanks or spaces arranged in
accordance with regulation 13F(3)(a) of Annex I of
the consolidated 2002 edition of the Convention;
and

(iii) complies with the requirement for distance as
referred to in regulation 13F(7)(b) of Annex I of the
consolidated 2002 edition of the Convention;

"fuel oil" means heavy distillates or residues from crude oil or
blends of such materials intended for use as a fuel for the
production of heat or power of a quality equivalent to the
specification acceptable to the International Maritime
Organisation;

"heavy diesel oil" means marine diesel oil, other than those
distillates of which more than 50 per cent by volume distils at
a temperature not exceeding 340°C when tested by the
method acceptable to the International Maritime
Organisation;

"heavy grades of oil" means—

(a) crude oils having a density at 15°C which is higher than
900kg/m³ (which corresponds to an API grade of less
than 25.7);

(b) fuel oils having a density at 15°C which is higher than
900 kg/m³ or a kinematic viscosity at 50°C which is
higher than 180mm²/s (which corresponds to a
kinematic viscosity of over 189cSt);

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(c) bitumen and tar and their emulsions;

"L" has the meaning given in regulation 13E(2) of Annex I of the
consolidated 2002 edition of the Convention;

"new oil tanker" means a new oil tanker as defined in regulation
1 (26) of Annex I of the consolidated 2002 edition of the
Convention.

PART VII

OFFSHORE INSTALLATIONS

Requirements for Offshore Installations
32 (1) Offshore installations, when engaged in the exploration,
exploitation and associated offshore processing of sea bed mineral
resources, shall comply with the requirements of these Regulations
applicable to ships of 400 GT and above other than oil tankers,
notwithstanding that the installations are not proceeding on a voyage,
except that—

(a) they shall be equipped as far as practicable with the
systems and tanks required by regulations 14 and 25(1)
and (2);

(b) they shall keep a record of all operations involving oil or
oily mixture discharges, in an approved form.

(2) Unless the discharge is one specified in regulation 11, an
offshore installation when so engaged shall not discharge into the sea
any oil or oily mixture with an oil content of 15ppm or more.

(3) For the purpose of this regulation—

(a) "offshore installation" means any mobile or fixed drilling
or production platform or any other platform used in
connection with the exploration, exploitation or
associated offshore processing of sea bed mineral
resources;

(b) "oil or oily mixtures" means discharge associated with
machinery space drainage and does not include
production or displacement water discharge.

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PART VIII

PREVENTION OF POLLUTION ARISING FROM AN OIL
POLLUTION INCIDENT

Shipboard oil pollution emergency plan
33 (1) Every oil tanker of 150 GT and above and every ship (not
being an oil tanker) of 400 GT and above shall carry on board an
approved shipboard oil pollution emergency plan.

(2) The plan shall be in accordance with the guidelines for the
development of shipboard oil pollution emergency plans adopted by the
Marine Environment Protection Committee of the International Maritime
Organisation on 13 March 2000 by Resolution MEPC 54(32) as amended
by Resolution MEPC 86(44) of 13 March 2000 and includes any
document amending it which is considered to be relevant and is specified
in a Merchant Shipping Notice and the plan shall include at least —

(i) the procedure to be followed by the master or
other persons having charge of the ship to report
an oil pollution incident as required in Article 8
and Protocol I of the Convention;

(ii) the list of persons (including national and local
authorities) to be contacted in the event of an oil
pollution incident;

(iii) a detailed description of the action to be taken
immediately by persons on board to reduce or
control the discharge of oil following an incident;
and

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

(3) In the case of ships to which regulation 16 of Annex II to
the Convention also applies, such a plan may be combined with the
shipboard marine pollution emergency plan for noxious liquid
substances required under regulation 16 of Annex II to the Convention,
and in this case the title of the plan shall be "Shipboard Marine Pollution
Emergency Plan”.

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PART IX

POWERS TO INSPECT, DENY ENTRY, DETENTION AND
PENALTIES

Power to Inspect
34 (1) Regarding the inspection of ships —

(a) a ship to which these Regulations apply shall be subject,
in any Bermuda port or offshore terminal, to inspections
by persons appointed by the Minister;

(b) any such inspection shall be limited to verifying that
there is on board a valid IOPP 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. In that case, or if the ship
does not carry a valid 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. 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;

(c) notwithstanding subparagraph (b), and without
prejudice to any specific control provisions over
operational procedures provided for in these
Regulations, the inspector may 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 oil. In the event of any such inspection
revealing deficiencies the inspector shall take such steps
as to ensure that the ship will not sail until the situation
has been brought to order in accordance with the
requirements of these Regulations.

(2) Upon receiving evidence that a particular ship has
discharged oil or an oily mixture contrary to the provisions of 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.

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(3) For the purposes of this regulation any person appointed as
an inspector shall have the powers of an inspector set out in sections
220 and 221 of the Merchant Shipping Act 2002.

Power to deny entry or detain
35 (1) If a harbour master has reason to believe that a ship which
he believes proposes to enter or leave 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 the
entry or exit of such ship to Bermuda ports or offshore terminals.

(2) In any case where—

(a) a ship does not comply with the requirements of these
Regulations;

(b) the steps to be taken by an inspector under regulation
34(1)(b) or (c) involve detention of the ship;

(c) an accident occurs to a non-Bermuda registered ship, or
a defect is discovered in a non-Bermuda registered ship,
either of which substantially affects the integrity of the
ship or the efficiency or completeness of its equipment,
and a full and proper report of that accident or defect
has not been made to the appropriate authority for that
ship; or

(d) within a reasonable period of a report being made of an
accident to or defect in a non-Bermuda registered ship
the Minister is not satisfied that action taken as respects
that ship is sufficient to restore the integrity of the ship
or the efficiency or completeness of its equipment,

the ship shall be liable to be detained and section 242 of the Merchant
Shipping Act 2002 (which relates to the detention of a ship) shall have
effect in relation to that ship, as if for the words "this Act" wherever they
appear, there were substituted the words "the Merchant Shipping
(Prevention of Oil Pollution) Regulations 2010 ”.

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

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

(b) detained pursuant to paragraph (2); or

(c) detained pursuant to regulation 37(3),

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the Minister shall immediately inform the consul or diplomatic
representative of the State whose flag the ship is entitled to fly or
the appropriate maritime authorities of that State.

Penalties
36 (1) If any ship fails to comply with any requirement of these
Regulations (other than regulations 12, 13 and 16) the owner and the
master of the ship shall each be guilty of an offence and punishable on
summary conviction to a fine not exceeding $10,000 and on conviction
on indictment to a fine not exceeding $50,000.

(2) If any ship fails to comply with any requirement of
regulation 12, 13 or 16, the owner and the master shall each be guilty of
an offence and section 130(3) of the Merchant Shipping Act 2002 shall
apply as it applies to an offence under that section, so that each of the
owner and the master shall be liable on summary conviction to a fine not
exceeding $10,000 or on conviction on indictment to a fine not exceeding
$50,000.

(3) It shall be a defence for a person charged under paragraph
(1) of this regulation 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 shall be guilty of the offence, and a person may be charged with
and convicted of an offence by virtue of this paragraph whether or not
proceedings are taken against the first-mentioned person.

Enforcement and application of fines
37 (1) Any document required or authorised, by virtue of any
statutory provision, to be served on a foreign company for the purposes
of the institution of or otherwise in connection with, proceedings for an
offence of contravening regulation 12, 13 or 16 alleged to have been
committed by the company as the owner of a ship shall be treated as
duly served on that company if the document is served on the master of
the ship; and any person authorised to serve any document for the
purposes of the institution of, or otherwise in connection with
proceedings for an offence under these Regulations (whether or not in
pursuance of the foregoing provisions of this paragraph) shall, for that
purpose, have the right to go on board the ship in question.

(2) In paragraph (1), a "foreign company" means a company or
body which is not one to whom section 62A of the Companies Act 1981
applies so as to authorise the service of the document in question under
section 62A.

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(3) A person exercising the power of detention conferred by
regulation 35(2) (a) in respect of an alleged contravention of regulation
12, 13 or 16 shall immediately release the ship if —

(a) no proceedings for the offence in question are instituted
within the period of seven days beginning with the day
on which the vessel is detained;

(b) such proceedings, having been instituted through
exercise of the power conferred by paragraph (1) within
that period, are concluded without the master or owner
being convicted;

(c) either —

(i) the sum of $500,000 is paid to the Minister by
way of security; or

(ii) security which, in the opinion of the Minister, is
satisfactory and is for an amount not less than
$500,000 is given to the Minister, by or on
behalf of the master or owner;

(d) where the master or owner is convicted of the offence,
any costs or expenses ordered to be paid by him, and
any fine imposed on him, have been paid; or

(e) the release is ordered by a court or tribunal referred to
in Article 292 of the United Nations Convention on the
Law of the Sea 1982, and any bond or other financial
security ordered by such a court or tribunal is posted.

(4) The Minister shall repay any sum paid in pursuance of
paragraph (3) (c) or release any security so given —

(a) if no proceedings for the offence in question are
instituted within the period of seven days beginning with
the day on which the sum is paid; or

(b) if such proceedings, having been instituted within that
period are concluded without the master or owner being
convicted.

(5) Where a sum has been paid, or security has been given, by
any person in pursuance of paragraph (3) (c) and the master or owner is
convicted of the offence in question, the sum so paid or the amount
made available under the security shall be applied as follows —

(a) first in payment of any costs or expenses ordered by the
court to be paid by the master or owner; and

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(b) next in payment of any fine imposed by the court,

and any balance shall be repaid to the person paying the sum,
or giving the security.

(6) For the purposes of this regulation in its application to
Bermuda-

(a) proceedings for an offence are instituted —

(i) when a Magistrate issues a summons or warrant
under section 3 of the Summary Jurisdiction Act
1930 in respect of the offence;

(ii) when a person is charged with the offence after
being taken into custody without a warrant;

(iii) when a bill of indictment is preferred by virtue of
section 485 of the Criminal Code Act 1907,

and where the application of this paragraph would result in
there being more than one time for the institution of
proceedings, they shall be taken to have been instituted at the
earliest of those times; and

(b) proceedings for an offence are concluded without the
master or owner being convicted on the occurrence of
one of the following events —

(i) the discontinuance of the proceedings;

(ii) the acquittal of the master or owner;

(iii) the quashing of the master or owner's conviction
for the offence;

(iv) the grant of Her Majesty's pardon in respect of
the master or owner's conviction for the offence.

(7) Where a fine imposed by a court in proceedings against the
owner or master of a ship for an offence under regulation 12, 13 or 16 is
not paid or any costs or expenses ordered to be paid by him are not paid
at the time ordered by the court, the court shall, in addition to any other
powers for enforcing payment, have power to direct the amount
remaining unpaid to be levied by distress or arrestment and sale of the
ship, her tackle, furniture and apparel.

(8) Where a person is convicted of an offence under regulations
12, 13 or 16, and the court imposes a fine in respect of the offence, then
if it appears to the court that any person has incurred, or will incur,
expenses in removing any pollution, or making good any damage, which

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is attributable to the offence, the court may order the whole or part of the
fine to be paid to that person for or towards defraying those expenses.

PART X

PROCEEDINGS FOR POLLUTION OFFENCES COMMITTED
OUTSIDE BERMUDA WATERS

Restriction on jurisdiction over offences outside Bermuda limits
38 (1) No proceedings for an offence of contravening regulation 12,
13 or 16 by a ship which is not a Bermuda ship, which relates to a
discharge 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 discharge requests that proceedings
be taken; or

(b) the discharge has caused or is likely to cause pollution
in the internal waters, territorial sea or controlled waters
of Bermuda.

(2) Where proceedings for an offence of contravening regulation
12, 13 or 16 by a ship which is not a Bermuda ship which relates to a
discharge 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, together
with any sum paid or security given pursuant to
regulation 37 (3)(c), to that State.

(3) It shall be a defence to a person charged with contravening
regulation 12, 13 or 16 for the defendant to show —

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

(b) the discharge took place outside Bermuda, its territorial
waters and the controlled waters of Bermuda; and

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

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Suspension of proceedings at flag state request
39 (1) This regulation relates to an alleged offence of contravening
regulation 12, 13 or 16 by a ship which is not a Bermuda ship, in
relation to a discharge outside Bermuda or its territorial waters.

(2) In respect of any alleged offence to which this regulation
relate —

(a) 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 discharge, within six months
of the institution of proceedings in Bermuda;

(b) subparagraph (a) does not apply —

(i) where the discharge resulted in major damage to
Bermuda; or

(ii) 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.

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

(4) Where the costs of the Minister incurred in respect of
proceedings suspended under paragraph (2) have been paid, any money
paid or security given under regulation 37(3) (c) shall be released.

Supplementary
40 For the purposes of regulations 38 and 39, proceedings for an
offence are to be treated as being instituted in Bermuda in the
circumstances set out in regulation 37(6), (7) or (8) as the case may be.





Made this 24th day of September, 2010





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