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斯里兰卡燃油补给条例(海洋环境保护)
Bunkering(Marine Environmental Protection) Regulations
【发布部门】斯里兰卡环境部 【发文字号】
【发布日期】2011年12月19日 【实施日期】2012年01月19日
【时效性】现行有效 【效力级别】行政法规
【法规类别】斯里兰卡法规规划 【来源】联合国粮农组织网站

燃油补给条例(海洋环境保护)

【法律沿革】

本条例于2011年12月19日公布,2012年1月19日生效。

【内容介绍】

本条例依据2008年《海洋污染防止法》第7/21/51条,由环境部制定颁布。攻击25条,包括许可证、申请文件的申请审核及撤销、溢油处理等。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC133808

燃油补给条例(海洋环境保护)(Bunkering(Marine Environmental Protection) Regulations)

19th December, 2011

1. These regulations may be cited as Bunkering (MarineEnvironmental Protection) Regulations No. 02 of 2011.

2.The Provisions of these regulations and theInternational Safety Guide For Oil Tankers and Terminals (ISGOTT)shall apply toall bunker oil supply facilities, afloat and ashore.

3. No person shall, from the date of the coming intooperation of these regulations carry out a bunkering activity inthe territorialwaters of Sri Lanka or any other Maritime Zone, its foreshore and the coastalzone of Sri Lanka, except underthe authority of a valid bunkering licenceissued in that behalf by the Marine Environment Protection Authority(hereinafterreferred to as “the Authority”) on an application made in thatbehalf to the Authority in the form specified in the Schedule IIIto theseregulations:

Provided that any person who, on the date of the comingin to operation of these regulations is carrying out abunkering activity shallwithin three months from such date make an application to the Authority in theform specified inSchedule I to these regulations, and obtain a valid Bunkeringlicence in respect of such activity.

4. Every application for a bunkering licence made underregulation 3 shall be accompanied by the fee stipulated inschedule V togetherwith the copies of the following documents in relation to each bunker supplyvessel or road transporters(bunker) as the case may be –

(a) the Certificate of Insurance for pollution liability;

(including cost of cleaning up consequential damage)

(b) the Bunker Facility Procedure Manual;

(c) Ship Board Oil Pollution Emergency plan (SOPEP);

(d) the ships registry trading certificate issued by theDirector General of Merchant Shipping and thecurrent Survey Certificate orCertificate of sea worthiness;

(e) the Bunker Licence issued by the Ministry of theMinister to whom the subject of PetroleumResources Development is assigned;

(f) valid licence issued by the Department of MotorTraffic authorizing the transport of petroleumproducts.

5. (1) Upon receipt of an application and, if theAuthority is satisfied with the information furnished therein, theAuthorityshall issue a bunkering licence in the form specified in Schedule IV subject tothe conditions stipulated therein.

(2) Every licence issued shall be valid for a period ofone year from the date of issue of such licence, and shall berenewed on anapplication made in that behalf to the Authority.

(3) Every application for such renewal of a bunkeringlicence accompanied by the renewal fee specified inSchedule V hereto shall bemade to the Authority one month prior to the expiry of the validity of suchlicence. Every suchrenewal shall be made by the Authority, subject to theinspection test or survey report carried out by an officer authorized inthatbehalf by the Authority.

6. (1) Where the Authority refuses to issue or renew alicence, the Authority shall communicate in writing to theapplicant of itsdecision with reasons assigned for such refusal.

(2) Any person aggrieved by the decision of the Authorityshall, before the expiry of fifteen working days fromthe date of suchcommunication of the decision may appeal against such decision to the Secretaryto the Ministry of theMinister to whom the subject of Marine Pollution isassigned.

(3) The Secretary may, taking into consideration of thefacts stated in the appeal made under paragraph (2) andaffording the person whomade such appeal an opportunity to be heard shall -

(a) allow the appeal and direct the Authority to issue orrenew the licnece as the case may be; or

(b) disallow the appeal.

(4) The decision of the Secretary on the appeal referredto in paragraph (3) shall be final.

(5) The Authority shall comply with the decision takenunder paragraph (3) of this regulation.

7. The bunkering licence issued under regulation 3 may becancelled by the Authority where -

(a) any provision of the Act or any regulation madethereunder or any condition subject to which thelicence is issued iscontravened; or

(b) any particular furnished to the Authority is false orinaccurate or any relevant data is suppressed:

Provided however, prior to such cancellation of thebunkering licence the Authority shall afford the person towhom it was issued anopportunity to be heard.

8. The Authority shall give fifteen days notice inwriting to the applicant prior to the carrying out of the inspection,test orsurvey at the location determined by the Authority, and all the expensesincurred therein, by the Authority shall beborne by the applicant.

9. The authorized Surveyor shall, prior to the deliveryof the final report of inspection, test or survey, by him, certifyin relationto the relevant bunkering facility the suitability, validity or availability asthe case may be, of the following:-

(a) The availability of an approved “Shipboard OilPollution Emergency Plan” or an alternativearrangement approved by theAuthority to contain any oil spill incident in accordance with Regulation37 ofAnnex I of the MARPOL 73/78 Convention;

(b) The validity of the International Oil PollutionPrevention Certificate ensuring the operational statusof the equipment andfittings for the Prevention of Pollution of the sea by oil;

(c) The seaworthiness of the bunker supply vessel inaccordance with the International Convention forthe Safety of Life at Sea,1974, (SOLAS 1974), as amended from time to time by the InternationalMaritimeOrganization;

(d) The availability of Bunkering Manual of dischargingand receiving vessel or facility, as the case maybe;

(e) The availability of Ship Stability Book and TanksCalibrations Chart/Tables;

(f) Ships Drawings of tanks, piping and associatedfittings in the system, including Emergency Shutdown Valves and RemoteControls, where fitted. All such valves are labelled or tagged toindicate“OPEN” or “CLOSED” position, to prevent any accidental opening or closure;

(g) Oil cargo loading and unloading plan of thedesignated tanks;

(h) The Availability of Visual Communication aids, theirdisplay arrangements of Signals in accordancewith the International Code ofSignals;

(i) Navigational lights during the day time’s poorvisibility or misty atmosphere;

(j) Effective Radio Communication between discharging andreceiving vessels/facilities as necessary,including within the bunker supplyvessel’s – Bridge/Engine Room/Pump room etc.;

(k) Maintenance and up keeping of operational documentssuch as Ships Log Stock Book, Event LogBook and Oil Record Book;

(l) Minimum Safe Manning of the bunker vessel or facilityby Crew or Men, as the case may bequalifications and competencies of the crewshall be in accordance with the International Conventionon Standards ofTraining, Certification and Watch keeping for Seafarers, 1978/1995, as amendedbythe International Maritime Organization;

(m) Adequate lighting arrangements in and around the areaof bunkering activities;

(n) Preparedness for Fire Suppression in an emergencysituation.

10. The owner, operator, master or agent of any bunkersupply vessel or any bunker storage facility afloat shallensure that thevessels are equipped with the adequate length oil booms in a ready state withmooring lines, stored and keptin easily accessible storage for quick launching.

11. The owner, operator, master or agent of any bunkersupply vessel or any bunker storage facility afloat shallensure -

(1) the availability on board of such vessel or facilitythe following pollution control material adequate toabsorb an oil spill of onethousand liters -

(a) adequate quantity of special reusable high absorbentmaterials;

(b) adequate quantity of disposable absorbent materialsand cleaning materials; and

(c) adequate quantity of oil spill dispersant.

(2) the carriage of all oil on board shall be indesignated approved spaces only.

12. Every road transporter (Bunker) shall have adequatespill containment equipment for the containment andremoval of oil spills andshall include -

(a) absorbent materials;

(b) saw dust or absorbent pads;

(c) non-sparking booms;

(d) shovels and buckets;

(e) appropriate personal protective equipment includinggloves, boots and eye protection.

13. There shall be fitted on board an approved emergencysystem to enable the person in charge of an oil transferto rapidly stop theflow of the oil, within the bunker supply vessel or storage facility afloat toanother vessel or facility.

14. The owner, operator, master or agent of any bunkersupply vessel or any bunker storage facility shall keep onboard -

(a) the stock log book;

(b) the oil record book;

(c) the log book;

(d) the engine room log book; and

(e) the oil spill record.

15. Any bunker supply vessel, vehicle or any bunkerstorage facility shall be fitted on board with an effective twoway voicecommunication system between the person in charge of the transfer service ofthe bunker supply vessel and thebunker receiving vessel or with the bunkerstorage facility, as the case may be.

16. (1) The owner, operator, master or agent of eachbunker supply vessel, road transporters (Bunker) or anybunker storage facilityshall submit a monthly list to the Authority in respect of the bunker servicescarried out during thepreceding month on or before the fifteenth day of eachmonth. Where no bunkering services have been carried out duringthe precedingmonth such owner, operator, master or agent of each bunker supply vessel or anybunker storage facility shallsubmit a nil list in respect of such month.

(2) Where the owner, operator, master or agent of eachbunker supply vessel or any bunker storage facilityfails to submit the monthlylist or nil list referred to in paragraph (1) of this regulation as specifiedtherein, the Authority may,suspend the licence for a period of one month andcommunicate to the owner, operator, master or agent of each bunkersupplyvessel, road transporters (Bunker) or any bunker storage facility inwriting the reasons for doing so.

(3) Any person aggrieved by the decision of the Authorityunder paragraph(2) before the expiry of fifteenworking days from the date ofsuch communication of the decision may appeal against such decision to theSecretary to theMinistry of the Minister to whom the subject of MarinePollution is assigned.

(4) The Secretary may, taking into consideration of thefacts stated in the appeal made under paragraph (3) andaffording the person whomade such appeal an opportunity of being heard shall -

(a) allow the appeal and direct the Authority to cancelthe suspension of such licce; or

(b) disallow the appeal and impose such terms andconditions as may be necessary to fulfill for thepurpose of removing thesuspension of such licence.

(5) The decision of the Secretary on the appeal shall befinal.

(6) The Authority shall comply with any decision issuedto it under paragraph (4) of this regulation.

17. In the event of an oil spill -

(a) the owner, operator, master or agent of a bunkersupply vessel, vehicle or bunker storage facilityafloat shall report the spill tothe Authority forthwith;

(b) the owner, operator, master or agent of the bunkersupply vessel or bunker storage facility afloat andthe receiving vessel shallensure the prompt mobilization and launching of the oil booms in ordertominimize the risk of the spill and take such immediate steps as are necessaryto clean up the spill.

18. Any oil transfer from bunker oil storage facilityafloat shall take place only in an area determined by theAuthority.

19. The Officer-in-charge of the bunker storage facilityashore shall in addition cause to maintain the followingrecords in the mannerdetermined by the Authority -

(a) stock movement log book;

(b) oil spill record;

(c) daily events log book.

20. (1) All Bunkering activities carried out by thebunker vessel under these regulations shall be recorded forthwithin the oilrecord book.

(2) Each page of the oil record book shall be signed bythe officer in charge of the facility concerned.

(3) All oil record books shall be made readily availablefor inspection by the Authority at all times.

(4) All oil record books in the case of unmanned bunkersupply facility afloat under tow, shall be kept on boardtowing vessel.

(5) The owner, operator, master or agent of any bunkersupply vessel or bunker storage facility afloat shall bevicariously liable forany violation of the provisions of the Act or these regulations by hisemployees.

(6) The details relating to the following activities –

(a) the loading or transferring of oil cargo; to and fromor within its tank to tank;

(b) the transfer of oil cargo during voyage;

(c) the discharge of oil cargo;

(d) the ballasting of cargo tanks;

(e) the cleaning of cargo tanks;

(f) the discharge of dirty ballast;

(g) the discharge of water from slop-tanks;

(h) the disposal of residues; and

(i) the discharge overboard of bilge water containing oilwhich has accumulated in machinery spaceswhilst in port, and the routinedischarge at sea of bilge water containing oil unless the latter hasbeenentered in the appropriate log book,

shall be recorded in the oil record book on boardtankers, bunkering vessels, or bunker supply facility.

(7) Each record book specified in regulation 19 shall becompleted on each occasion when any of the followingactivities take place inthe bunker supply facility ashore -

(a) ballasting or cleaning of bunker fuel tanks;

(b) discharge of dirty ballast or cleaning water fromtanks;

(c) disposal of residues; and

(d) discharge overboard of bilge water containing oilwhich has accumulated in machinery spaces whilein port, and the routinedischarge at sea of bilge water containing oil unless the latter hasbeenentered in the appropriate log book.

21. It shall be the duty of the owner, operator, masteror agent of any bunker supply vessel or bunker storage facilityafloat or ashoreto direct to the persons in charge of the bunkering service to adhere to thesafe conduct of bunkering serviceand the proper maintenance of accurate logentries, authenticated by the owner, operator, master or the agent as the casemaybe.

22. No person shall -

(a) serve as the person in charge of oil delivery serviceon more than one vessel at a time; and

(b) be employed for oil delivery duty, unless such dutyis in line with the delivery task;

23. No person shall conduct an oil transfer service unless–

(a) the vessel moorings are strong enough to hold duringpredicted conditions of weather;

(b) the weather conditions are conducive for a safetransfer and within the safety limits of the equipmentdeployed;

(c) the oil transfer hoses and loading arms are ofadequate length to allow for vessel movement within itsmoorings;

(d) each hose is thoroughly examined before use;

(e) each hose is correctly fitted and supported toprevent and minimize stress and strain, kinking,chafing and other damage;

(f) each part of the transfer piping system which is notbeing used in the transfer is securely blanked offor shutoff as appropriate;

(g) each overboard discharge or sea suction valve that isconnected to the vessel oil transfer system issecured, sealed, locked or lashedexcept when used to receive or discharge clean ballast;

(h) the containment devices are installed in place;

(i) the Communication equipment are tested and in goodoperational order;

(j) the rapid shut off devices are in good operationalorder;

(k) the designated personnel are placed on duty at bothends of the transfer;

(l) the product transfer sequence, transfer rate,monitoring emergency readiness, pollution report,pollution combat procedure,rapid shut down procedure is discussed and agreement reached betweentheauthorities responsible at both ends of oil transfer and relevant entries aremade in the respectivelog books;

(m) there is adequate lighting;

(n) all good practices of seamanship and safety areenforced and complied with; and

(o) the person in charge of oil transfer service isadequately competent and experienced in all activitiesconnected with eachtransfer and fully conversant with oil spill contingency plan.

24. All vessels engaged in the bunker facility arerequired to use the streamlined waste reception facility provided bytheAuthority, for their ship board waste disposal.

25. In these regulation unless the context otherwiserequires -

“Act ” means the Marine Pollution Prevention Act No. 35of 2008 ;

“Approved Bunker Supplier” : means a bunker supplycompany approved by the Marine EnvironmentProtection Authority to supply oil tovessels with in the territorial waters of Sri Lanka or any othermaritime zone,its foreshore and the coastal shore of Sri Lanka;

“Authorized Officer” means any officer authorized inwriting for the purposes of these regulations by theChairman of MarineEnvironment Protection Authority established under the MarinePollutionPrevention Act, No.35 of 2008;

“Bunkering” means the transferring of oil, oil fuel orany oily mixture in the marine environment;

“Bunkering activities” means any activity related tosupply of bunkers to and from vessel to vessel, land,vehicle or any otherinstallation;

“Bunker Receiving Vessel”: means a ship, which receivesbunkers or other oils covered by Annex I ofMARPOL 73/78;

“Bunker Supplier” means the registered bunker supplierwho holds a valid bunker supplier licence issuedby the Minister in charge ofthe subject of power and energy:

“Bunker storage facility afloat” means a storage tankerwhich supplies bunker, to bunker supply vessels;

“Bunker Supply Vessels” means a ship, which deliversbunker supplies to a receiving ship.

“Ship” has the same meaning as defined in MarinePollution Prevention Act No. 35 of 2008.

“Road Transporters (Bunker)” includes Bowser, truck orany road tanker used for transport of bunkers todeliver to vessel.

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