Merchant Shipping (Prevention of Pollution by Sewage from Ships) Rules, 2010

 
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Preamble

In exercise of the powers conferred by sub-section (3) of Section 356C, Section 356 E, clause (ee) of Section 356-O and Section 457 of the Merchant Shipping Act, 1958 (44 of 1958), the Central Government hereby makes the following rules, namely

1 . Short title and commencement.--

(1) These rules may be called the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Rules, 2010.

(2) They shall come into force on the date of their publication in the Official Gazette.

2 . Definitions.--

(1) In these rules, unless the context otherwise requires,--

(a) "Act" means the Merchant Shipping Act, 1958;

(b) "anniversary date" means the day and the month of each year which corresponds to the date of expiry of the International Sewage Pollution Prevention Certificate;

(c) "Certificate" means and International Sewage Pollution Prevention Certificate or, as the case may be, an Indian Sewage Pollution Prevention Certificate, issued under rule 5;

(d) "Certifying authority" means the Central Government;

(e) "existing ship" means a ship which is not a new ship;

(f) "Government ship" means the ship owned by the Central Government or the State Government;

(g) "holding tank" means a tank used for the collection and storage of sewage;

(h) "international voyage" means a voyage from a country to which the Convention applies to a port outside such country, or conversely;

(i) "new ship" means a ship-

(A) for which the building contract is placed, or 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 the 27th day of September, 2003; or

(B) the delivery of which is three years or more after the 27th day of September, 2003;

(j) "nearest land", with all its grammatical variations, means the baseline from which the territorial sea of the territory in question is established in accordance with international law except that for the purposes of the Convention, nearest land off the north-eastern coast of Australia shall mean a baseline drawn from a point on the coast of Australia in latitude 11°00'S, longitude 142°08' E to-

a point in latitude 10°35'S, longitude 141°55'E,

thence to a point latitude 10°00'S, longitude 142°00'E,

thence to a point latitude 09°10'S, longitude 143°52'E,

thence to a point latitude 09°00'S, longitude 144°30'E,

thence to a point latitude 10°41 'S, longitude 145°00'E,

thence to a point latitude 13°00'S, longitude 145°00'E,

thence to a point latitude 15°00'S, longitude 146°00'E,

thence to a point latitude 17°30'S, longitude 147°00'E,

thence to a point latitude 21°00''S, longitude 152°55'E,

thence to a point latitude 24°30'S, longitude 154°00'E,

thence to a point on the coast of Australia in latitude 24°42'S, longitude 153° 15' E;

(k) "person" includes the member of the crew and the passenger;

(l) "section" means section of the Act;

(m) "sewage" shall have the same meaning as assigned to it in the explanation to sub-section (3) of Section 356C;

3 . Obligation to prevent pollution of sea by sewage.--

(1) The following ships engaged in voyages shall be under obligation to prevent pollution of sea by sewage from ships and shall comply with the provisions of these rules, namely:--

(a) new ships of four hundred gross tonnage and above;

(b) new ships of less than four hundred gross tonnage which are certified to carry more than fifteen persons;

(c) existing ships of four hundred gross tonnage and above, five years after the date of 27th day of September, 2003;

(d) existing ships of less than four hundred gross tonnage which are certified to carry more than fifteen persons, five years after the date of 27th day of September, 2003.

(2) The Central Government shall ensure that existing ships, specified under clauses (c) and (d) of sub-rule (1), the keels of which are laid or which are at a similar stage of construction before 2nd October, 1983, shall be so equipped as to discharge sewage in accordance with the requirements of Rule 11:

Provided that provisions of rule 11 shall not apply to--

(a) the discharge of sewage from a ship is necessary for the purpose of securing the safety of the ship and those on board, or for saving life at sea; or

(b) the discharge of sewage results from damage to the ship or its equipment provided all reasonable precautions have been taken before and after the occurrence of such damage for the purpose of preventing or minimizing the discharge.

4 . Surveys.--

(1) Every ship specified under sub-rule (1) of rule 3 shall be subject to the following surveys, namely:--

(a) an initial survey shall be conducted before the ship is put in service or before the Certificate required under rule 5 is issued for the first time and such initial survey shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material so as to ensure that they fully comply with the requirements of these rules.

(b) a renewal survey shall be conducted at an interval not exceeding five years except where the provisions of sub-rules (2), (5), (6) and (7) of Rule 8 are applicable and the renewal survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and materials fully comply with the requirements of these rules.

(c) an additional survey, either general or partial, according to the circumstances, shall be conducted after a repair is required under sub-rule (4), or whenever important repairs or renewals are made and such survey shall ensure that necessary repairs or renewals have been effectively made and that the material and workmanship of such repairs or renewals are in all respect satisfactory and the ship complies with the requirements of these rules in all respect.

(2) The Central Government shall specify appropriate measures for ships which are not subject to the provisions of sub-rule (1) in such manner that the provisions of these rules are complied with.

(3) The surveys of ships for the purposes of enforcement of the provisions of these rules shall be carried out by a surveyor appointed under section 9, or a person authorised under sub-section (1) of Section 356G, by the Central Government.

(4) The Central Government shall,--

(a) subject to such conditions as it deems fit, empower the surveyor or, as the case may be, the authorised person, referred to in sub-rule (3), to require repairs to a ship and to carry out survey on the request of appropriate authorities of a State Party; and

(b) notify the International Maritime Organisation of the specific responsibilities and conditions of authority so given to the surveyor or the authorised person, for circulation to the State Parties, for the information of their officers.

(5) When the surveyor or, as the case may be, the authorised person determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the 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, such surveyor or authorised person shall immediately ensure that corrective action is taken and shall also, in due course, report the same to the Central Government:

Provided that where such corrective action is not taken, the certificate shall be withdrawn and the Central Government shall be reported of it immediately:

Provided further that if the ship is in a port of another State Party, the appropriate authorities of that Port State shall be reported immediately:

Provided also that where the surveyor or the authorised person has reported to the appropriate authorities of the Port State, the Government of that Port State shall give such surveyor or authorised person necessary assistance to carry out their obligations under these rules and shall ensure that such ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available, without presenting any unreasonable threat of harm to the marine environment.

(6) The Central Government shall, in every case, fully guarantee the completeness and efficiency of such survey and undertake to ensure necessary arrangements to satisfy such obligation.

(7) The condition of the ship and its equipment shall be maintained in such manner as to conform to the provisions of the Convention so that the ship shall remain, in all respects, fit to proceed to sea without presenting any unreasonable threat of harm to the marine environment.

(8) After any survey of the ship under sub-rule (1) has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by such survey without the sanction of the Central Government except any direct replacement of such equipment and fittings.

(9) Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment as required by these rules, the master or owner of the ship shall report at the earliest opportunity to the Central Government, who shall cause investigations to be initiated by the surveyor or the authorised person to determine whether a survey as required by sub-rule (1) is necessary:

Provided that if the ship is in the port of another State Party, the master or owner shall also report immediately to the appropriate...

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