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CAP 413A MERCHANT SHIPPING (PREVENTION OF OIL POLLUTION) REGULATIONS


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(Cap 413, section 3)* [28 December 1984] (L.N. 429 of 1984) _________________________________________________________________________________ Note: * These regulations were made under Article 3(1) of the Merchant Shipping (Prevention of Oil Pollution) Order 1983 (S.I. 1983/1106 U.K.) as modified and extended to Hong Kong by the Merchant Shipping (Prevention of Oil Pollution) (Hong Kong) Order 1984 (S.I. 1984/1153 U.K.). See sections 3 and 12(1)(b) of the Merchant Shipping (Prevention and Control of Pollution) Ordinance, enacted in 1990 (Cap 413). Cap 413A reg 1 Citation and interpretation PART I GENERAL (1) These regulations may be cited as the Merchant Shipping (Prevention of Oil Pollution) Regulations. (2) In these Regulations, except where the context otherwise requires- "amidships" (船舯) means at the middle of the length (L); "Annex I" (附件I) means Annex I to the Convention (which sets out regulations for the prevention of pollution by oil); "anniversary date" (周年日期) means the date in each year corresponding to the date of expiry of the IOPP Certificate; "approved" (获批准) means approved by the Director; (37 of 1990 s. 12) "area" (面积) in relation to a ship shall be calculated in all cases to moulded lines; "breadth" (船宽) (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" (中间液舱) means any tank inboard of a longitudinal bulkhead; "Certifying Authority" (核证当局) means the Director or any person authorized by the Secretary for Economic Development and Labour; (64 of 1999 s. 3; L.N. 106 of 2002) "chemical tanker" (化学品液货船) means a ship constructed or adapted primarily to carry a cargo of noxious liquid substances in bulk and includes an oil tanker when carrying a cargo or part cargo of noxious liquid substances in bulk; "clean ballast" (清洁压载) means the ballast in a tank which, since oil was last carried therein, has been so cleaned that the effluent therefrom, 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 to the effect 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; "combination carrier" (油类/散货而用船) means a ship designed to carry either oil or solid cargoes in bulk; "Convention country" (公约国) means a country which is a Party to the Convention; "crude oil" (原油) 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" (原油油轮) means an oil tanker engaged in the trade of carrying crude oil; "deadweight" (载重量) (DW) means the difference in metric tons between the displacement of a ship in water of a specific gravity of 1.025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship; "Director" (处长) means the Director of Marine; "existing ship"(现有船舶), without prejudice to regulation 17(2), means a ship which is not a new ship; "filtering equipment" (过滤设备) means filters or any combination of separators and filters which are designed to produce effluent containing not more than 15 ppm of oil; "forward and after perpendiculars" (首尾垂线) 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; "GRT" (总注册吨位) 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; "harmful substance" (有害物质) 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 to interfere with other legitimate uses of the sea, and includes oil; "HKOPP Certificate" (香港防油污证书) means the Hong Kong Oil Pollution Prevention Certificate; "Hong Kong oil tanker" (香港油轮) means an oil tanker which is registered in Hong Kong; "IBC Code" (国际散化规则) means the International Code for the Construction and Equipment of Ships Carrying Chemicals in Bulk (1990 Edition) published by the International Maritime Organization as amended; (L.N. 641 of 1994) "IMO" means the International Maritime Organization; (L.N. 641 of 1994) "instantaneous rate of discharge of oil content" (瞬时油量排放率) 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" (国际防油污证书) means the International Oil Pollution Prevention Certificate; "length" (船长度) (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; "lightweight" (空载排水量) 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" (重大改装) 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 Director 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(a) not applicable to it as an existing ship;but conversion of an existing oil tanker- (i) of 20000 tons deadweight and above to meet the requirements of regulation 18; or (ii) to meet the requirements of regulation 23A or 23B,shall not be deemed to constitute a major conversion; (L.N. 641 of 1994) "Merchant Shipping Notice" (商船公告) means a Notice described as such, issued by the Director, and any reference to a particular Merchant Shipping Notice includes a reference to that Notice as amended from time to time by a subsequent Notice; (64 of 1999 s. 3) "mile" (浬) means an international nautical mile that is to say a distance of 1852 metres; "nearest land" (最近陆地) in relation to all land other than the part of Australia specified below, "from the nearest land" (距最近陆地) means from the nearest base-line from which the territorial sea of any territory is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone 1958(b); and in relation to the part of the North-eastern coast of Australia which lies between the points 11 degrees 00'S, 142 degrees 08'E and 24 degrees 42'S, 153 degrees 15'E, "from the nearest land" (距最近陆地) means from the nearest of the straight lines joining consecutively the following points- 11 degrees 00'S, 142 degrees 08'E; 10 degrees 35'S, 141 degrees 55'E; 10 degrees 00'S, 142 degrees 00'E; 9 degrees 10'S, 143 degrees 52'E; 9 degrees 00'S, 144 degrees 30'E; 13 degrees 00'S, 144 degrees 00'E; 15 degrees 00'S, 146 degrees 00'E; 18 degrees 00'S, 147 degrees 00'E; 21 degrees 00'S, 153 degrees 00'E and 24 degrees 42'S, 153 degrees 15'E.;"new ship" (新船), 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" (油、油类) means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products, other than petrochemicals specified in Merchant Shipping Notice No. 1011; (64 of 1999 s. 3) "oil fuel" (油类燃料) 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" (油轮) means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier or a chemical tanker when it is carrying a cargo or part cargo of oil in bulk; "oily mixture" (油性混合物) means a mixture with any oil content; "the Organization" (组织) means the International Maritime Organization; "permeability" (渗透率) 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" (成品油油轮) means an oil tanker engaged in the trade of carrying oil other than crude oil; "sea" (海、海域) includes any estuary or arm of the sea; "segregated ballast" (隔离压载) 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" (离析设备) means either separators or filters, or any combination of them, which are designed to produce effluent containing not more than 100 ppm of oil; "ship" (船、船舶) 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; "slop tank" (污水舱) means a tank specifically designed for the collection of tank drainings, tank washings and other oily mixtures; "special area" (特殊区域) means a sea area where, for recognized 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 regulation 16; "surveyor" (验船师) means a surveyor appointed by the Certifying Authority or the Secretary for Economic Development and Labour; (L.N. 106 of 2002) "tank" (液舱) 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; "type 2 cargo tank" (第2型货油舱) means a cargo tank in a type 2 ship as defined in the IBC Code; (L.N. 641 of 1994) "volume" (容积) in relation to a ship shall be calculated in all cases to moulded lines; "wing tank" (翼液舱) means any tank adjacent to the side shell plating. (37 of 1990 s. 12; L. N. 177 of 1991; 23 of 1998 s. 2)_________________________________________________________________________________ Note: (a) Cmnd. 7347. (b) Cmnd. 2511. Cap 413A reg 2 Applications and exemptions Expanded Cross Reference: 10, 11, 12 , 13 , 14 , 15, 16 , 17 , 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 (1) Unless expressly provided otherwise, these Regulations apply to- (a) Hong Kong ships; and (b) other ships while they are within the waters of Hong Kong.(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) Any new type of ship whose constructional features are such as to render the application of any of the provisions of regulation 10 to 30 of these Regulations relating to construction and equipment unreasonable or impracticable may be exempted by the Director 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 Director shall be indicated in the IOPP or HKOPP Certificate referred to in regulation 7. (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 1000 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 Director may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption. Cap 413A reg 3 Equivalents The Director 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. Cap 413A reg 4 Surveys before issue of an IOPP or HKOPP Certificate PART II SURVEYS, CERTIFICATES AND OIL RECORD BOOK (1) The owner of every Hong Kong oil tanker of 150 GRT and above and every other Hong Kong ship of 400 GRT and above, shall cause the same to be surveyed before the ship is put into service or before an IOPP Certificate or HKOPP Certificate in respect of the ship is issued for the first time, and thereafter at intervals not exceeding five years by a surveyor. Any application for a survey shall be accompanied by calculations in accordance with Part V of these Regulations and such information relating to the ship as the Certifying Authority may require for the purposes of the survey. (2) A Certifying Authority shall upon receipt of an application for survey and any fee payable on such application cause the ship to be surveyed by a surveyor. (3) The surveyor shall survey the ship and satisfy himself that its structure, equipment, systems, fittings, arrangements and material are in accordance with the requirements of these Regulations and that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, crude oil washing systems, oily water separating equipment and oil filtering systems are in good working order. (4) The initial and any renewal survey to be carried out under this regulation shall be in accordance with the procedures specified in Merchant Shipping Notice 1012. (64 of 1999 s. 3) (5) The surveyor, if satisfied on the survey that he may properly do so, shall forward to the Certifying Authority a declaration of survey containing such particulars of the ship as are required by the Certifying Authority to enable him to issue the appropriate Certificate in respect of the ship. Cap 413A reg 5 Annual survey (1) The owner of every Hong Kong ship in respect of which an IOPP Certificate has been issued shall, so long as the certificate remains in force, cause the ship to be subject to an annual survey, which shall be carried out within three months before or after the anniversary date of the IOPP Certificate, provided that no annual survey shall be required when the intermediate survey pursuant to regulation 6 is carried out within three months before or after the anniversary date of the IOPP Certificate. (2) A Certifying Authority shall upon receipt of an application for survey and any fee payable on such application cause the ship to be surveyed by a surveyor. (3) The surveyor shall survey the ship in accordance with the procedures specified in Merchant Shipping Notice 1012 and satisfy himself- (64 of 1999 s. 3) (a) that such of the parts of the ship and its equipment specified in that Merchant Shipping Notice as are the subject of the application for survey remain efficient; and (b) that no material alterations have been made in the structure, equipment, systems, fittings, arrangements and material to which the IOPP Certificate relates without the approval of a Certifying Authority.(4) On completion of the survey in accordance with the requirements of the preceding paragraph the surveyor shall, where he is so satisfied, endorse the IOPP Certificate to that effect. Cap 413A reg 6 Intermediate survey (1) The owner of every Hong Kong ship in respect of which an IOPP Certificate has been issued shall so long as the Certificate remains in force cause the ship to be subject to an intermediate survey during the period of validity of the Certificate. This intermediate survey shall be held not earlier than six months before nor later than six months after the half-way date of the period of validity of the Certificate. (2) A Certifying Authority shall upon receipt of an application for a survey and any fee payable on such application cause the ship to be surveyed by a surveyor. (3) The surveyor shall survey the ship in accordance with the procedures specified in Merchant Shipping Notice 1012 and satisfy himself- (64 of 1999 s. 3) (a) that such of the parts of the ship and its equipment specified in that Merchant Shipping Notice as are the subject of the application for survey are in good working order and fully comply with these Regulations; (b) that no material alterations have been made in the structure, equipment, systems, fittings, arrangements and material to which the IOPP Certificate relates without the approval of a Certifying Authority.(4) On completion of the survey in accordance with the requirements of the preceding paragraph, the surveyor, where he is so satisfied, shall endorse the IOPP Certificate to that effect and forward a report to the Certifying Authority. Cap 413A reg 7 Issue and duration of IOPP and HKOPP Certificate (1) The Certifying Authority shall, on receipt of a declaration of survey under regulation 4(5) which relates to a Hong Kong ship, issue to the ship the appropriate Certificate in duplicate which- (a) in the case of an oil tanker of 150 GRT and above and any other ship of 400 GRT and above which is engaged in voyages to ports or off-shore terminals under the jurisdiction of other Parties to the Convention, is an IOPP Certificate; and (b) in the case of any other oil tanker of 150 GRT and above and any other ship of 400 GRT and above, is a HKOPP Certificate.(2) The Director may request the Government of another Party to the Convention to survey a Hong Kong ship and, if they are satisfied that the provisions of Annex I to the Convention are complied with, they shall issue, or authorize the issue of, an IOPP Certificate in duplicate to the ship. (3) A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Hong Kong Government and it shall have the same force and receive the same recognition as a Certificate issued under paragraph (1) of this regulation. (4) The Director may at the request of the Government of another Party to the Convention survey a ship registered in that State and entitled to fly the flag of that State as if it were a Hong Kong ship, and, if satisfied that the provisions of Annex I to the Convention are complied with, shall issue an IOPP Certificate to that ship; a Certificate so issued shall contain a statement that it has been issued at the request of the Government in question. (5) The appropriate Certificate shall be in one of the forms set out in Schedule 1 hereto or, in the case of an IOPP Certificate, in a form corresponding to the model set out in Appendix II of Annex I of the Convention, and shall be expressed to be valid for a period not exceeding five years from the date of issue: provided that in the case of an oil tanker operating with dedicated clean ballast tanks for one of the limited periods specified in regulation 18(9) the period of validity of the Certificate shall not exceed such specified period. (6) A Certificate issued by a Certifying Authority shall cease to be valid- (a) if without the approval of a Certifying Authority significant alterations have taken place in the construction, equipment, systems, fittings, arrangements or material required by the Regulations, other than the direct replacement of such equipment or fittings; (b) in the case of an IOPP Certificate, if the intermediate survey required by regulation 6 is not carried out within the period specified in that regulation; or (c) if the ship transfers to the flag of another State.(7) One copy of the appropriate Certificate shall be kept on board every Hong Kong ship which is either an oil tanker of 150 GRT or above or a ship of 400 GRT or above, other than an oil tanker and shall be available for inspection at all reasonable times. Cap 413A reg 8 Responsibilities of owner and master Remarks: Adaptation amendments retroactively made-see 23 of 1998 s. 2 (1) The owner and master of every ship to which these Regulations apply shall each ensure that the condition of the ship and its equipment is maintained so as to comply with the relevant provisions of these Regulations. (2) After any survey of a Hong Kong ship required by these Regulations has been completed, no material change shall be made in the structure, equipment, systems, fittings, arrangements or material subject to such survey without the approval of a Certifying Authority. (3) Whenever an accident occurs to a Hong Kong ship or a defect is discovered, either of which affects the integrity of a ship or the efficiency or completeness of its equipment, it shall be reported by the master or (if the master fails to do so) the owner at the earliest opportunity to the Director who may cause investigations to be initiated to determine whether a survey by a surveyor is necessary and may in that event require such a survey to be carried out. If a ship is in a port (other than a port in the waters of Hong Kong) of a country which is a Party to the Convention the master or (if the master fails to do so) the owner shall, in addition, make such a report immediately to the appropriate authorities of the country in which the port is situated and the Director shall ascertain that such a report has been made. (23 of 1998 s. 2) (4) (a) If an accident has occurred to or a defect has been discovered in or on any ship which is not a Hong Kong ship and which is for the time being in the waters of Hong Kong, and the accident or defect is such as to affect the integrity of the ship or the efficiency or completeness of its equipment, the owner or (if he fails to do so) the master shall make a report immediately to the Director and where appropriate to the authority responsible for issuing an IOPP Certificate to the ship; (b) The owner or (if he fails to do so) the master shall report the results of any investigation or survey initiated by the authority responsible for issuing the IOPP Certificate to the ship to the Director, who may detain the ship until such a report has been made. (c) If within a reasonable period the Director is not satisfied that a full and proper report has been made to the authority responsible for issuing an IOPP Certificate to the ship, or that the action taken is sufficient to restore the integrity of the ship or the efficiency or completeness of its equipment, he may take such steps as will ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. Without prejudice to any other action he may take, the Director may request the authority responsible for issuing an IOPP Certificate to the ship to carry out such surveys and inspections as he may consider to be necessary to establish that the condition of the ship is such that it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. Cap 413A reg 9 Procedure to be adopted when corrective action is necessary (1) In any case where the Certifying Authority determines that the condition of a Hong Kong ship or its equipment does not correspond with the particulars of the IOPP or HKOPP 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 Director. (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 Director who may, on receipt of such notification, suspend the validity of the IOPP or HKOPP Certificate issued in relation 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 in relation to the ship to the Certifying Authority on demand and the owner shall on receipt of notice of suspension deliver up the duplicate Certificate to the Director. (4) When the Certifying Authority is satisfied that corrective action has been taken it shall notify the Director. The Director shall thereupon, in any case where the validity of the Certificate has been suspended- (a) restore the validity of the Certificate; (b) give notice thereof to the Certifying Authority and the owner; and (c) return the duplicate Certificate to the owner.The Certifying Authority shall return the Certificate issued in relation to the ship to the master. (5) Where the ship is in a port (other than a port in the waters of Hong Kong) of a country which is a Party to the Convention and corrective action in accordance with paragraph (2) of this regulation has not been taken, the Certifying Authority shall in addition immediately notify the appropriate authorities of the country in which the port is situated. (6) Where, in the case of a ship (other than a Hong Kong ship) of a country which is a Party to the Convention which is for the time being in a port in the waters of Hong Kong, the nominated surveyor or the recognized organization responsible for issuing an IOPP Certificate to the ship determined that it is necessary to withdraw the Certificate, a report shall, unless made by the nominated surveyor or recognized organization, be made by the master of the ship to the Director. The Director 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. Cap 413A reg 10 Oil Record Book (1) Every ship to which these Regulations apply of 400 GRT and above, other than an oil tanker, and every oil tanker of 150 GRT and above shall be provided with an Oil Record Book Part I (Machinery Space Operations). Every oil tanker of 150 GRT and above shall also be provided with an oil Record Book Part II (Cargo/Ballast Operations). The oil Record Book, whether it forms Part of the ship's official log book or engine room log book or otherwise, shall be in the form set out in Schedule 2, hereto. (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) discharge of ballast or cleaning water from oil fuel tanks which have been ballasted or cleaned; (iii) disposal of oily residues (sludge); (iv) discharge overboard of bilge water which has accumulated in machinery spaces;(b) for cargo/ballast operation (oil tankers)- (i) loading of oil cargo; (ii) internal transfer of oil cargo during voyage; (iii) unloading of oil cargo; (iv) ballasting of cargo tanks and dedicated clean ballast tanks; (v) cleaning of cargo tanks including crude oil washing; (vi) discharge of ballast except from segregated ballast tanks; (vii) discharge of water from slop tanks; (viii) closing of all applicable valves or similar devices after slop tank discharge operations; (ix) closing of valves necessary for the isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations; (x) disposal of residues.(3) In the event of such 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) of this regulation 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) A person authorized by the Certifying Authority may inspect the Oil Record Book on board any ship whilst the ship is in a port or off shore 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 entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship's Oil Record Book 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 competent authority, or an authorized person, under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed. Cap 413A reg 11 General exceptions PART III REQUIREMENTS FOR CONTROL OF OPERATIONAL POLLUTION- CONTROL OF DISCHARGE OF OIL The provisions of regulations 12, 13 and 16 shall not apply to- (a) any discharge into the sea of oil or oily mixture which is 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- (i) provided that all reasonable precautions were taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and (ii) unless the owner or the master acted 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 minimize 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 occur. Cap 413A reg 12 Ships other than oil tankers and machinery space bilges of oil tankers (1) Subject to regulation 11 this regulation applies to- (a) (i) Hong Kong ships other than oil tankers; and (ii) Hong Kong 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 to-(b) (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, when they are within the waters of Hong Kong.(2) Subject to paragraph (3) of this regulation 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 without dilution does not exceed 15 ppm; and (L.N. 641 of 1994) (d) the ship has in operation equipment as required by regulation 14. (L.N. 641 of 1994) (e) (Repealed L.N. 641 of 1994)(3) In the case of an existing ship referred to in regulation 14(4), not fitted with equipment as required by regulation 14(1) or (2), the provisions of paragraph (2) will not apply until 6 July 1998 or the date on which the ship is fitted with such equipment, whichever is the earlier. Until this date any discharge from machinery space bilges into the sea of oil or oily mixtures from such a ship shall be prohibited except when all the following conditions are satisfied- (a) the oily mixture does not originate from the cargo pump-room bilges; (b) the oily mixture is not mixed with oil cargo resides; (c) the ship is not within a special area; (d) the ship is more than 12 nautical miles from the nearest land; (e) the ship is proceeding en route; (f) the oil content of the effluent is less than 100 parts per million; and (g) the ship has in operation oily-water separating equipment of a design approved as being in accordance with the specification set out in Schedule 3. (L.N. 641 of 1994)(4) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose 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 only be discharged into reception facilities. (L.N. 641 of 1994) Cap 413A reg 13 Oil tankers (1) Subject to regulation 11 this regulation applies to- (a) every Hong Kong oil tanker; and (b) every other oil tanker when it is within the waters of Hong Kong.(2) Subject to paragraph (3) of this regulation 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; (L.N. 641 of 1994) (e) the total quantity of oil discharged into the sea does not exceed 1/30000 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 1/15000 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) Paragraph (2) shall not apply to the discharge of- (a) clean or segregated ballast; or (b) an unprocessed oily mixture which without dilution has an oil content not exceeding 15 ppm, which does not originate from cargo room bilges and which is not mixed with oil cargo residues. (L.N. 177 of 1991)(4) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or 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) of this regulation, it shall be retained on board and shall only be discharged into reception facilities. Cap 413A reg 14 Oil discharge monitoring and control system and oily-water separating and oil filtering equipment (1) Subject to paragraph (4) of this regulation, every ship of 400 GRT and above but less than 10000 GRT to which these Regulations apply shall be fitted with oil filtering equipment complying with paragraph (5). Any ship to which these Regulations apply which carries ballast water in its bunker fuel tanks shall comply with paragraph (2) of this regulation (notwithstanding that the ship is of less than 10000 GRT) or regulation 24(2). (2) Subject to paragraph (4), every ship of 10000 GRT and above to which these Regulations apply shall be fitted with oil filtering equipment complying with paragraph (6), and with arrangement for an alarm and for automatically stopping any discharge of oily mixtures when the oil content of the effluent exceeds 15 parts per million. (3) Subject to paragraph (4) of this regulation- (a) paragraphs (1) and (2) shall not apply to a ship engaged exclusively- (i) on voyages within the special areas; or (ii) on voyages within the waters of Hong Kong, if- (A) the Director is satisfied that the ship is fitted with a holding tank having a volume adequate for the total retention on board of the oily bilge water; (B) all oily bilge water is retained on board for subsequent discharge to reception facilities; (C) the Director is satisfied that adequate reception facilities are available to receive such oily bilge water at the place of discharge; (D) the IOPP or HKOPP Certificate issued in respect of the ship is endorsed to the effect that the ship is exclusively engaged on voyages of a type specified in sub-sub-paragraph (i) or (ii); and (E) the quantity, time and port of the discharge are recorded in the Oil Record Book; or (L.N. 177 of 1991)(b) ships of less than 400 GRT (other than an oil tanker) shall be equipped so far as practicable and reasonable, (in the case of Hong Kong ships to the satisfaction of the Director), with installations to ensure the storage of oil or oily mixtures on board and their discharge to reception facilities, or to ensure the discharge of such mixtures is in accordance with regulation 12.(4) For existing ships delivered before 6 July 1993 the requirements of this regulation shall not apply until 6 July 1998, so long as these ships operate with oily-water separating equipment (100 ppm equipment) complying with paragraph (7). (5) The oil filtering equipment referred to in paragraph (1) shall be of a design approved as being in accordance with the specification set out in Schedule 3 and shall be such as to ensure that any oily mixture discharged into the sea after passing through the system shall have an oil content which does not exceed 15 ppm. (6) The oil filtering equipment referred to in paragraph (2) shall be- (a) of a design approved as being in accordance with the specification set out in Schedule 3; (b) adequate to ensure that the oil content of any oily mixture discharged into the sea after passing through the system does not exceed 15 ppm; (c) provided with alarm arrangements in accordance with the specification set out in Schedule 3 to indicate when the level of 15 ppm is being exceeded; and (d) provided with arrangements such as will ensure that any discharge of oily mixture is automatically stopped when the oil content of the effluent exceeds 15 ppm.(7) The oily-water separating equipment referred to in paragraph (4) shall be of a design approved as being in accordance with the specification set out in Schedule 3 and shall be such as to ensure that any oily mixture discharged into the sea after passing through the system shall have an oil content of not more than 100 ppm. (7A) (Repealed L.N. 641 of 1994) (8) The oil discharge monitoring and control system referred to in paragraph (4) shall be of a design approved as being in accordance with the specification set out in Schedule 3. The system shall be fitted with a recording device to provide a continuous record of the oil content of the discharge of effluent or oily mixtures in ppm. This record shall be identifiable as to time and date and shall be kept for at least 3 years. The monitoring and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as to ensure that any discharge of oily mixture is automatically stopped when the oil content of the effluent exceeds 100 ppm. On any failure of the monitoring and control system the discharge shall be stopped and the failure shall be noted in the Oil Record Book. The defective unit shall be made operable before the ship commences its next voyage unless it is proceeding to a repair port. (9) The oil filtering equipment referred to in paragraphs (1) and (2) may include any combination of a separator, filter or coalescer or may consist of a single unit designed to produce an effluent with an oil content not exceeding 15 ppm. If the oil filtering equipment consists of a combination of oily-water separating equipment, approved as being in accordance with the specification set out in Schedule 3 for an effluent of less than 100 ppm, and attached equipment, the attached equipment shall be of a design approved as being in accordance with the specification set out by the Director. (L.N. 641 of 1994) Cap 413A reg 15 Retention of oil on board (1) Subject to the provisions of paragraphs (5) and (6) of this regulation, oil tankers of 150 GRT and above to which these Regulations apply shall be provided with arrangements in accordance with the requirements of paragraphs (2) and (3) of this regulation: provided that in the case of existing ships the requirements for oil discharge monitoring and control systems and slop tank arrangements shall not apply until 2 October 1986. (2) (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 of a type approved by a Certifying Authority. In existing oil tankers, any cargo tank may be designated as a slop tank. (b) Arrangements shall be provided to transfer the oily 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 pursuant to sub-paragraph (b) above 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 regulation 21, in either of which events 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, when 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 70000 tons deadweight and above shall be provided with at least two slop tanks.(3) (a) An oil discharge monitoring and control system of an approved design shall be fitted. It shall be designed and installed in compliance with the guidelines and specifications set out in Schedule 4 hereto. (b) Any such system shall be fitted with a recording device to provide, unless otherwise required by Schedule 4, 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 shall 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 Schedule 4, automatically stopped when the instantaneous rate of discharge of oil exceeds 30 litres per mile. (L.N. 641 of 1994) (d) On any failure of the system the discharge shall be stopped and the failure shall be 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 and the tanker may be allowed to undertake one ballast voyage before proceeding to a repair port. (L.N. 641 of 1994) (e) Effective oil/water interface detectors, of a design approved as being in accordance with the specifications set out in Schedule 5 hereto, shall be provided for the rapid and accurate determination of the oil/water interface in slop tanks and shall be available for use in other tanks where the separation of oil and water is effected and from which it is intended to discharge effluent direct to the sea. (f) Approved instruction manuals on the operation and maintenance of the various items comprising the oil discharge monitoring and control system shall be provided. These manuals shall contain information on manual as well as automatic operations and shall be so drawn up as to ensure that at no time shall oil be discharged except in compliance with the conditions specified in regulation 13.(4) The discharge of oil from oil tankers of less than 150 GRT pursuant to regulation 13 shall be effected by the retention of the oil on board until subsequent discharge of all contaminated washings 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 discharge to reception facilities unless adequate arrangements are made to ensure that any effluent which is allowed to be discharged into the sea is effectively monitored to ensure that the provisions of regulation 13 are complied with. (5) (a) Paragraphs (1), (2) and (3) shall not apply to an oil tanker engaged exclusively in trade within the waters of Hong Kong, if- (i) all oily mixtures are retained on board for subsequent discharge to reception facilities; and (ii) the Director is satisfied that adequate facilities are available at the place of discharge to receive such oily mixtures. (b) Paragraph (3) shall not apply- (i) to an existing oil tanker as defined in regulation 17(2) of 40000 deadweight tons or above which is engaged in specific trades and the conditions specified in regulation 22(2) are complied with; or (ii) subject to sub-paragraph (c), to an oil tanker engaged exclusively- (A) on voyages within the special areas; (B) on voyages within the waters of Hong Kong.(c) The exemption in sub-paragraph (b)(ii) shall only apply if- (i) all oily mixtures are retained on board for subsequent discharge to reception facilities; (ii) the Director is satisfied that where the oil tanker is engaged exclusively on voyages specified in sub-paragraph (b)(ii) adequate reception facilities are available to receive such oily mixtures in those oil loading ports or terminals at which the tanker calls; (iii) the IOPP or HKOPP Certificate issued in respect of the tanker is endorsed to the effect that the tanker is exclusively engaged on voyages of a type specified in sub-paragraph (b)(ii); and (iv) the quantity, time and port of the discharge are recorded in the Oil Record Book. (L.N. 177 of 1991)(6) Paragraphs (1), (2) and (3) of this regulation 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 control of discharge under regulation 13 shall be effected by the retention of residues on board and the discharge of all contaminated washings to reception facilities. Cap 413A reg 16 Methods for the prevention of oil pollution from ships operating in special areas (1) For the purposes of these regulations the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the Gulfs area, the Gulf of Aden area and the Antarctic area, defined respectively as follows- (a) "the Mediterranean Sea area" (地中海区域) means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41 degrees N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 5 degrees 36'W; (b) "the Baltic Sea area" (波罗的海区域) means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57 degrees 44.8'N; (c) "the Black Sea area" (黑海区域) means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41 degrees N; (d) "the Red Sea area" (红海区域) means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12 degrees 28.5'N, 43 degrees 19.6'E) and Husn Murad (12 degrees 4O.4'N, 43 degrees 30.2'E); (e) "the Gulfs area" (波斯湾区域) means the sea area located north-west of the rhumb line between Ras al Hadd (22 degrees 30'N, 59 degrees 48'E) and Ras Al Fasteh (25 degrees 04'N, 61 degrees 25'E); (f) "the Gulf of Aden area" (亚丁湾区域) means that part of the Gulf of Aden between the Red Sea and the Arabian Sea bounded to the west by the rhumb line between Ras si Ane (12 degrees 28.5'N, 43 degrees 19.6'E) and Husn Murad (12 degrees 40.4'N, 43 degrees 30.2'E) and to the east by the rhumb line between Ras Asir (11 degrees 50'N, 51 degrees 16.9'E) and Ras Fartak (15 degrees 35'N, 52 degrees 13.8'E); and (g) "the Antarctic area" (南极区域) means the sea area south of 60 degrees south latitude. (L.N. 177 of 1991; L.N. 171 of 1992)(2) Subject to the provisions of regulation 11- (a) any discharge into the sea of oil or oily mixture from any Hong Kong oil tanker and any Hong Kong ship of 400 GRT and above other than an oil tanker shall be prohibited while in a special area. In respect of the Antarctic area, any discharge into the sea of oil or oily mixture from any Hong Kong ship shall be prohibited; (b) except as provided for in respect of the Antarctic area under subparagraph (a), any discharge into the sea of oil or oily mixture from a Hong Kong ship of less than 400 GRT other than a Hong Kong oil tanker shall be prohibited while in a special area, except when the oil content of the effluent without dilution does not exceed 15 ppm. (L.N. 171 of 1992; L.N. 641 of 1994)(3) (a) Paragraph (2) of this regulation shall not apply to the discharge of clean or segregated ballast. (b) Sub-paragraph (2)(a) of this regulation 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; (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 parts of mixture; (v) the ship has in operation an oil filtering system complying with regulation 14(6); and (L.N. 641 of 1994) (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) (a) No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation. (b) In any case where any residues of oil or oily mixture may not be discharged into the sea in compliance with paragraph (2) or (3) of this regulation, 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) Every Hong Kong ship shall, before entering the Antarctic area, be fitted with a tank or tanks of sufficient capacity on board for the retention of all sludge, dirty ballast, tank washing water and other oily residues and mixtures while operating in the area and have adequate arrangements to discharge such oily residues at a reception facility after leaving the area. (L.N. 171 of 1992) Cap 413A reg 17 Interpretation of Part IV PART IV REQUIREMENTS FOR THE SEGREGATION OF CARGO (1) Notwithstanding the provisions of regulation 1(2), for the purpose of regulations 18, 19, 21 and 26(4), a "new oil tanker" (新油轮) 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 1 January 1980; or (iii) which was completed after 1 June 1982, except that, for oil tankers of 70000 tons deadweight and above, the definition in regulation 1(2) shall apply for the purposes of regulation 18(1).(2) For the purposes of regulations 18, 20, 21, 22, 23, 26(5) and 26(6)(c) an "existing oil tanker" (现有油轮) means an oil tanker which is not a new oil tanker as defined in paragraph (1) of this regulation. Cap 413A reg 18 General application New oil tankers of 20000 tons deadweight and above (1) Every new crude oil tanker of 20000 tons deadweight and above and every new product carrier of 30000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with paragraphs (2), (3) and (4), or paragraph (5) as appropriate, of this regulation. (2) The capacity of the segregated ballast tanks shall be such that the ship may 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) of this regulation: Provided that the capacity of the segregated ballast tanks shall be at less such that, in any ballast condition at any part of the voyage, 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 sub-paragraph (a) of this paragraph, 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) of this regulation, provided that the Director has approved that condition of operation.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) of this regulation shall be carried in cargo tanks only if such tanks 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) of this regulation the capacity of the segregated ballast tanks for oil tankers less than 150 metres in length shall be as may be determined by the Director. (6) Every new crude oil tanker of 20000 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 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 such 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 40000 tons deadweight and above (7) Subject to the provisions of paragraphs (8) and (9) of this regulation and to the provisions of regulations 22 and 23, every existing crude oil tanker of 40000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs (2) and (3) of this regulation from the commencement of these Regulations. (8) Subject to regulations 22 and 23, existing crude oil tankers of 40000 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. (9) Subject to regulations 22 and 23, existing crude oil tankers of 40000 tons deadweight and above may, in lieu of being provided with segregated ballast tanks or operating with a cargo tank cleaning procedure using crude oil washing, operate with dedicated clean ballast tanks in accordance with the provisions of regulation 20 for the following period- (a) for crude oil tankers of 70000 tons deadweight and above, until 2 October 1985; and (b) for crude oil tankers of 40000 tons deadweight and above but below 70000 tons deadweight, until 2 October 1987. Existing product carriers of 40000 tons deadweight and above (10) Subject to regulation 22, from the commencement of these Regulations every existing product carrier of 40000 tons deadweight and above shall be provided with segregated ballast tanks and shall comply with the requirements of paragraphs (2) and (3) of this regulation, or, alternatively, operate with dedicated dean ballast tanks in accordance with the provisions of regulation 20. An oil tanker described in the IOPP or HKOPP Certificate as, a segregated ballast oil tanker (11) Any oil tanker which is not required to be provided with segregated ballast tanks in accordance with paragraph (1), (7) or (10) of this regulation may be described in the IOPP or HKOPP Certificate as a segregated ballast tanker if it complies with the requirements of paragraphs (2) and (3), or paragraph (5) as appropriate to this regulation. Cap 413A reg 19 Protective location of segregated ballast spaces (1) In every new crude oil tanker of 20000 tons deadweight and above and every new product carrier of 30000 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 paragraphs (2), (3) and (4) of this regulation, to provide a measure of protection against oil outflow in the event of grounding or collision. (2) Segregated ballast tanks and spaces other than oil tanks within the cargo tank length (Lt) shall be so arranged as to comply with the following requirement- ∑PAc + ∑PAs ≧ J[Lt (B + 2D)] where- PAc = the side shell area in square metres for each segregated ballast tank or space other than an oil tank based on projected moulded dimensions; PAs = the bottom shell area in square metres for each such tank or space based on projected moulded dimensions; Lt = the length in metres between the forward and after extremities of the cargo tanks; B = the maximum breadth of the ship in metres as defined in regulation 1(2); D = the moulded depth in metres measured vertically from the top of the keel to the top of the freeboard deck beam at the side at amidships. In ships having rounded gunwales, the moulded depth shall be measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwale were of angular design; J = 0.45 for oil tankers of 20000 tons deadweight and 0.30 for oil tankers of 200000 tons deadweight and above, subject to the provisions of paragraph (3) of this regulation. For intermediate values of deadweight the value of "J" shall be determined by linear interpolation.For the purposes of this regulation the symbols referred to in this paragraph shall have the meaning as laid down in this paragraph. (3) For tankers of 200000 tons deadweight and above the value of "J" may be reduced as follows- Oc+Os J reduced = [J - (a - ____________________ )] or 0.2 whichever is greater 4OA where- a = 0.25 for oil tankers of 200000 tons deadweight, a = 0.40 for oil tankers of 300000 tons deadweight, a = 0.50 for oil tankers of 420000 tons deadweight and above. For intermediate values of deadweight the value of "a" shall be determined by linear interpolation.Oc = has the same meaning as in regulation 27(1)(b)(i), Os = has the same meaning as in regulation 27(1)(b)(ii), OA = the allowable oil outflow as required by regulation 28(2).(4) In calculating the value of "PAc" and "PAs" for segregated ballast tanks and spaces other than oil tanks- (a) where the width of any wing tank or space which extends for the full depth of the ship's side or from the deck to the top of the double bottom is less than 2 metres measured inboard from the ship's side at right angles to the centre line, that wing tank or space shall not be taken into account when calculating the protecting area "PAc"; and (b) where the depth of any double bottom tank or space is less than B/15 or 2 metres, that double bottom tank or space shall not be taken into account when calculating the protecting area "PAs".The width and depth of wing tanks and double bottom tanks shall be measured clear of the bilge area and, in the case of width, shall be measured clear of any rounded gunwale area. Cap 413A reg 20 Requirements for oil tankers with dedicated dean ballast tanks (1) An oil tanker operating with dedicated clean ballast tanks in accordance with the provisions of regulation 18(9) or (10) shall have adequate tank capacity, dedicated solely to the carriage of clean ballast as defined in regulation 1(2) to meet the requirements of regulation 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 Schedule 6 hereto. (3) An oil tanker operating with dedicated clean ballast tanks shall be equipped with an oil co

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