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斯里兰卡溢油应急计划条例
Oil Spill Contingency Plan Regulations
【发布部门】斯里兰卡环境部 【发文字号】
【发布日期】2012年07月30日 【实施日期】2012年08月15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

溢油应急计划条例

【法律沿革】

本条例由环境部长于2012年8月15日实施。

【内容介绍】

本条例依据2008年《海洋污染防治法》第6、39、51条,共计 19条及附件,包括条例适用、申请及审核、计划的执行等。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC133811

溢油应急计划条例(Oil Spill Contingency PlanRegulations)

30th July 2012

1. These regulations may be cited as the Oil SpillContingency Plan Regulations No. 01 of 2012.

2. These regulations shall apply to every owner,operator, master or their agents or any other person in charge ofports, harbourterminals, repair yards of ships, dry docks, offshore installations, Pipe linesor any other apparatus used fortransferring of oil to and from ships interritorial waters of Sri Lanka and any Maritime Zone declared under MaritimeZonesLaw, No. 22 of 1976.

3. Every owner, operator, master or agent of :

(i) a port, harbour terminal, repair yards of ships ordry docks ; or

(ii) a pipe line or any other apparatus used fortransferring of oil to and from a ship ;

(iii) an offshore installation utilized for receiving andtransferring of oil,

to whom these regulations apply, shall be required tohave in possession an Oil Spill Contingency Plan in accordance withthe NationalOil Spill Contingency Plan prepared and revised from time to time by MarineEnvironment Protection Authority(hereinafter referred to as the “Authority”)and approved by the Authority.

4. There shall be a separate plan for each port, harbourterminal, repair yard of ships, dry dock, offshore installation,

pipe line or any other apparatus used for transferring ofoil :

Provided however, joint plans may be made :

(i) bewteen Ports, harbour terminals, repair yards ofships or dry docks, within any area determined by theAuthority ;

(ii) in respect of offshore installations and oil handingfacilities which contain pipelines associated with suchinstallations orfacilities.

5. Every owner, operator, or agent of Port, harbourterminal, repair yard of ships, dry dock, offshore installtion, pipeline or anyother apparatus used for tansferring of oil shall submit an Oil SpillContingency Plan, to the Authority for itsapproval in accordance with theprovisions of regulation 10.

6. Any person in charge of -

(i) port, harbour terminal, repair yard of ships, drydocks ;

(ii) pipe line or any other apparatus and offshoreinstallation utilized for receiving or transfering of oil ; or

(iii) other apparatus for transferring of oil to and froma ship including drilling or excavation for oil,which commences to Functionafter the date of coming into operation of this regulation shall be required tosubmit an Oil SpillContingency Plan to the Authority within two months prior tothe date of commencement of such function.

7. Every owner, operator or agent of Ports, harbourterminals, repair yards of ships, dry docks, offshore installation,pipe linesor any other apparatus used for transferring of oil -

(i) shall review its approved Oil Spill Contingency Plannot later than two years or as and when directed by theAuthority ;

(ii) shall submit a new plan or amendments to theexisting plan within two months from the date where any majorchange occurswhich effects or may effect the validity or the effectiveness of the existingplan.

8. Where the Authority is of the opinion that any plan oramendment submitted under paragraph 5, 6 or 7 is -

(i) not in conformity with the National Oil SpillContingency Plan which is in force for the time being ; or

(ii) not appropriate for dealing with oil pollutionincidents which may occur in the area in which the owner,operator, master oragent of Port, harbour terminal, repair yard of ships, dry dock, offshoreinstallation, pipesline or any other apparatus used for transferring of oil,

the Authority may, in consultation with the owner,operator, or agnet of port, harobur terminal, repair yard of ships, drydock,offshore installaion, pipe line or any other apparatus used fortransferring of oil, direct the plan to be amended accordingly.It shall be theduty of owner, operator, master or agent to amend the plan in accordance withany such direction.

9. Any officer authorized in writing by the Authorityshall inspect the place and conformity equipment referred to inthe Plan priorto the approval of the Oil Spill Contingency Plan and satisfy himself regardingthe conformity of the plan withthe National Oil Spill Contingency Plan and withthe guidelines specified in Schedule I hereto.

10. Every applicant seeking the approval of an Oil SpillContingency Plan shall -

(a) subject to regulations 6 and 8, submit theapplication in the form specified in Schedule II together with theOil Spill ContingencyPlan in duplicate in terms of regulation 5 ;

(b) submit -

(i) any other information required by the Authority toenable the Authority to make its decision regardingthe application ; and

(ii) the receipt for the payment of the application fee specifiedin Schedule III hereto.

11. (a) Every applicant shall be notified of thedecision taken by the Authority, with respect to the Oil Spill ContigencyPlan,within twenty days from the date of receipt of the application in terms ofregulation 10 of these regulations.

(b) Where the applicant has received a notificaionof approval, of the Oil Spill Contigency Plan, he shall withinfourteen days ofthe rceipt of the notification of such approval of the Oil Spill ContigencyPlan shall, pay the fee specified inSchedule III hereto.

(c) On receipt of the fee specified in ScheduleIII hereto, the Authority shall issue the formal approval in the formspecifiedin Schedule IV hereto to the applicant.

12. Every owner, operator, master or agent of a facilityspecified in regulation 3 shall -

(i) make such Oil Spill Contigency Plan available forinspection to any officer authorized by the Authority

(hereinafter referred to as the “authorized officer”) ;

(ii) grant access to the authorized officer to inspectport, harbour terminal, repair yard of ships, dry dock,offshore installation,pipe lines or any other apparatus used for transferring of oil ;

(iii) maintain the plan and other required apparatus inconformity with the National Oil Spill Contigency Plan.

13. Where an oil spill or oil pollution occurs it shallbe the duty of every owner, operator, master or agent of port,harbour terminal,ships, repair yard of ships, dry dock, offshore installation, pipe line or anyother apparatus used fortransferring of oil, to implement its Oil SpillContigency Plan approved by the Authority.

14. Any application -

(a) submitted under regulation 10, if disapproved; or

(b) approved under regulation 11, if revoked dueto non compliance of the provisions of this regulation, or dueto non conformitywith National Oil Spill Contigency Plan during the time of inspection in termsof Section12.

the Authority shall notify the person who has authorityover the plan in writing indicating the reasons for such disapprovalorrevocation and Specify the requirements to be satisfied or compiled within inorder to be eligible for approved.

15. The person who has authority over the plan shall,within thirty days from the date of receipt of the notificationsubmit a new orrevised plan incorporating the recommended amendments, during which period theexisting plan subject toamendments shall be deemed to be effective pendingfinal approval :

Provided however in the event of submission of a newapplication due to revocation, applicant may be required topay the feespecified in Schedule III as decided by the Authority.

16. No prot, harbour terminal, repair yards of ships, drydocks, offshore installation, pipe lines or any otherapparatus used fortransferring of oil, shall operate in territorial waters of Sri Lanka and otherMaritime Zones declared underMaritime Zones Law, No. 22 of 1976, if it fails togain approval of its Contingency Paln after the submission of the Planforapproval for the second time.

17. The person who has the authority over the Plan, mayappeal to the Secretary to the Ministry of the Minister incharge of the subjectof Enviornment against the decision made by the Authority in relation to theContingency Plan, inaccordance with the following provisions -

(1) the holder of the Plan may submit a written appealwithin fifteen days from the date of receipt of thedisaproval or revocation ofapproval giving reasons for reconsidertion and if available, provide evidencetorebut decisiion made pertaining to the Plan ;

(2) the Secretay after taking into consideration thefacts given in accordance with Paragraph (1) of this regulationmay rescind thedecision of the Authority and approve the Plan or confirm the decision.

18. (1) The person responsible for implementing Oil SpillContingency Plan shall record the details of every oil spilland shall maintainthe records for two years from the date of the spill and during that periodshall make the records availablefor inspection upon the request of an officerof the Authority, authorized in writing by the Authority in that behalf.

(2) The record shall consist of the following -

(a) the date, time, location and duration of therelease of the pollutant ;

(b) the idendity of the pollutant released ;

(c) the quantity of the pollutant released ;

(d) the circumstances and cause of the spill ;

(e) details of the containment and celan-upefforts ;

(f) an assessment of the success of thecontainment and clean-up efforts ;

(g) any adverse effects observed as a result ofthe spill.

19. Unless the context otherwise requires -

“National Oil Spill Contingency Plan” means the NationalOil Pollution Contingency Plan for oil pollutionincident prepared and revisedfrom time to time by the Marine Environment Protection Authority pursuanttoParagraph (g) of Section 6 of the Marine Pollution Prevention Act, No. 35 of2008 ;

“Oil Handing Facility” means a facility which presents arisk of an oil pollution incident and includes, inter alia,an oil terminal,pipeline and any other facility utilized for handling oil but does not includean offshoreinstallation ;

“ Oil Spill Contingency Plan” means a contingency plan(other than the National Oil Spill Contingency Plan)setting out arrangementsfor responding to incidents which cause or may cause marine pollution byoil,with a view to preventing such pollution or reducing or minimizing itseffect ;

“Oil Pollution Incident” means an occurrence or series ofoccurrences having the same origin, which resultsor may result in a dischargeof oil and which poses or may pose a threat to the marine environment, or tothecoastline or related interests of Sri Lanka and which requires emergencyaction or other immediate response.

 

SCHEDULE I

MARINE POLLUTION PREVENTION ACT, NO. 35 OF 2008

GUIDELINES FOR OIL SPILL CONTINGENCY PLAN

1. Each Oil Spill Contingency Plan (hereinafter referredto as “OSCP”) shall contain the following three main sections

(a) Strategy Section ;

(b) Action Section ;

(c) Data Section.

2. Each OSCP shall contain essential detailed informationon -

(a) Details of the resonsible Authority andboundary of the plans operation ;

(b) Identification of the risks of a oil spill (Evidenceof adequate risk assessment) ;

(c) Details of local environmental sensitivity(Sensitive areas, identification and prioritization) of sensitiveareas;

(d) Pre-agreed response strategies ;

(e) Out line of the Response organization anddetails of responsibilities ;

(f) The exercise, training programme and reviewprocedures for the plan ;

(g) Notification preocedures ;

(h) Communicaion plans-both internal and external;

(i) Procedure for mobilizing people and equipment;

(j) Financial management, including control andtracking of costs ;

(k) Response capability listing (personnel andequipment) ;

(l) A disposal plan (arrangement for treatment anddisposal of oily debris) ;

(m) Procedure for terminating the clean-upresponse ;

(n) A system for updating and revision.

3. The OSCP shall comply with all the followingrequirements :

(a) Each plan shall identify the delegated powersand responsibilities of all those involved in oil spill incidentresponse -

(i) Notification exercise - Once in every six months ;

(ii) Table top exercise- Once in every year ;

(iii) Equipment deployment exercise - Once in every twoyears.

(b) Each plan shall be regularly updated andreviewed at least every two years, or earlier if circumstances orAuthoritydemands. After every oil spill incident or exercise, such plan shall bereviewed.

(c) OSCP must be clear, concise, simple and easyto use, and understood by the people expected to use them.

(d) Every OSCP shall be submitted to MarineEnvironment Protection Authority (hereinafter referred to as“MEPA”) andapproval shall be given by the MEPA. If any amendments are made subsequentlysuchamendments shall be notified in full to MEPA within one week of the makingof such amendments.

(e) Where MEPA refuses to approve the OSCP the relevantinstitution shall take immediate steps to amendOSCP within thirty days of therefusal of approval by the MEPA and resubmit for approval of MEPA.

(f) MEPA shall communicate with concerned agenciesregarding submissions of amendments to OSCP withinten working days of thereceipt of document by the MEPA.


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