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Prevention of Pollution of the Sea Regulation 1980

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at 12 February 1981.


.........
Legislative Counsel
Dated 25 November 2006


INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 371.

Prevention of Pollution of the Sea Regulation 1980

ARRANGEMENT OF SECTIONS.

Prevention of Pollution of the Sea Regulation 1980

Made under the Prevention of Pollution of the Sea Act 1979.


Dated                   200 .


  1. MARINE POLLUTANT.

A marine pollutant is a substance specified in Schedule 2.

  1. OIL RECORD BOOK.

An oil record book in respect of–

(a) a tanker–shall be in Form 1; and

(b) a ship other than a tanker–shall be in Form 2.

  1. ENTRIES IN OIL RECORD BOOK.

Where an operation or event that requires to be recorded in the oil record book is carried out or occurs–

(a) in relation to a ship that is manned–the master; and

(b) in relation to a ship that is not manned–the person in charge of the operation or event,

must make or cause to be made appropriate entries in the oil record book of the ship.

Penalty: A fine not exceeding K100.00.

  1. OIL RECORD BOOK TO BE KEPT ON SHIP.

(1) Subject to Subsections (2) and (3), the oil record book of a ship must be retained on board the ship until the expiry of two years from the date on which the last entry is made under Section 3.

(2) Where–

(a) no further entries are to be made in the oil record book of a ship; and

(b) the principal place of business of the owner of the ship is within the country, the master of the ship may at any time cause the oil record book to be held at that place.

(3) In a case to which Section 3(b) applies, that person must keep the oil record book under his control until the ship is manned.

Penalty: A fine not exceeding K1,000.00.

  1. CERTIFICATE OF INSURANCE.

A certificate of insurance referred to in–

(a) Section 28(1)(a) of the Act–shall be in Form 3; and

(b) Section 28(1)(b) of the Act–shall be in Form 4.

  1. APPLICATION FOR CERTIFICATE.

(1) The owner of a ship to which Section 28(1) of the Act applies may apply to the Minister for a certificate of insurance.

(2) An application under Subsection (1) shall be accompanied by–

(a) evidence that–

(i) irrevocable insurance has been effected; or

(ii) irrevocable financial security has been given, in a sum fixed in accordance with Article VII of the Liability Convention; and

(b) a fee of K20.00.

(3) The security referred to in Subsection (2)(a)(ii) shall consist of–

(a) a cash deposit; or

(b) a bond; or

(c) a bank guarantee; or

(d) any other security approved by the Minister responsible for financial matters.

  1. TANKER CONSTRUCTION CERTIFICATES, ETC.

(1) A tanker construction certificate shall be in Form 5.

(2) A tanker exemption certificate shall be in Form 6.

(3) The fee for the issue of a certificate under Subsection (1) or (2) is K10.00.

SCHEDULE 1

PAPUA NEW GUINEA.

Prevention of Pollution of the Sea Act 1979.

Form 1 – Oil record book–tankers.

Act, Sec. 9. Form 1.Reg., Sec. 2(a).

9999_371_SI_1981021200000000.png

9999_371_SI_1981021200000001.png

PAPUA NEW GUINEA.

Prevention of Pollution of the Sea Act 1979.

Form 2 – Oil record book–ships other than tankers.

Act, Sec. 9. Form 2.Reg., Sec. 2(b)

9999_371_SI_1981021200000002.png

PAPUA NEW GUINEA.

Prevention of Pollution of the Sea Act 1979.

Form 3 – Certificate of insurance or other financial security in respect of civil liability for oil pollution damage.

Act, Sec. 28(1)(a). Form 3.Reg., Sec. 5(a).

9999_371_SI_1981021200000003.png

PAPUA NEW GUINEA.

Prevention of Pollution of the Sea Act 1979.

Form 4 – Certificate of insurance in respect of civil liability for oil pollution damage.

Act, Sec. 28(1)(b). Form 4.Reg., Sec. 5(b).

9999_371_SI_1981021200000004.png

PAPUA NEW GUINEA.

Prevention of Pollution of the Sea Act 1979.

Form 5 – Tanker construction certificate.

Act, Sec. 10(1). Form 5.Reg., Sec. 7(1).

9999_371_SI_1981021200000005.png

PAPUA NEW GUINEA.

Prevention of Pollution of the Sea Act 1979.

Form 6 – Tanker exemption certificate.

Act, Sec. 10(2). Form 6.Reg., Sec. 7(2).

9999_371_SI_1981021200000006.png

SCHEDULE 2 – MARINE POLLUTANTS.

Act, Sec. 1(1).Reg., Sec. 1.

Sch. 2.1. Oil (when carried in bulk).

 

“Asphalt solutions

“Blending stocks

“Roffers flux

“Straight run residue

“Oil

“Clarified

“Crude oil

“Diesel oil

“Fuel oil

“Lubricating oil

“Mixtures containing crude oil

“Road oil

“Aromatic oil (excluding vegetable oil)

“Blending stocks

“Mineral oil

“Penetrating oil

“Spindle oil

“Turbine oil

“Distillates

“Straight run

“Flashed feed stocks

“Gas oil

“Cracked

“Gasoline blending stocks

“Alkylates–fuel

“Reformates

“Polymer–fuel

“Gasolines

“Casinghead (natural)

“Automotive

“Aviation

“Straight run

“Jet fuels

“JP-I (Kerosene)

“JP-3

“JP-4

“JP-5 (Kerosene, heavy)

“Turbo fuel

“Mineral spirit

“Naptha

“Solvent

“Petroleum

“Heartcut distillate oil”

Sch. 2.2.Noxious Substances.

 

“Acetic anhydride

“Acetone

“Acetone cyanohydrin

“Acrolein

“Acrylonitrile

“Aldrin

“Ally isothiocyanate

“Aluminium phosphide

“Ammonia (28% aqueous)

“Ammonium phosphate

“Amyle mercaptan

“Aniline

“Aniline hydrochloride

“Antimoney compounds

“Arsenic compounds

“Atrazine

“Azinphos methyl (Guthion)

“Barium azide

“Barium cyanide

“Barium oxide

“Benzene

“Benzenehexachloride isomers (Lindane)

“Benzidine

“Beryllium powder

“Bromine

“Bromobenzyl cyanide

“Butyle acrylate

“Butyric acid

“Cacodylic acid

“Cadmium compounds

“Carbaryl (Sevin)

“Carbon disulphide

“Carbontetrachloride

“Chlorodane

“Chloroacetone

“Chloroacetophenone

“Chlorodinitrobenzene

“Chloroform

“Chlorohydrins (crude)

“Chloropicrin

“Chromic acid (Chromium trioxide)

“Cocculus (solid)

“Copper compounds

“Cresols

“Cupriethylene diamine

“Cyanide compounds

“Cyanogen bromide

“Cyanogen chloride

“DDT

“Dichloroanilines

“Dichlorobenzenes

“Dieldrin

“Dimethoate (Cygon)

“Dimethyl amine (40% aqueous)

“Dinitroanilines

“4.6-Dinitroorthocresol

“Dinitrophenols

“Endosulphan (Thiodan)

“Endrin

“Epichlorohydrin

“Ethyl bromoacetate

“Ethylene chlorohydrin (2-Chloro-ethanol)

“Ethylene dichloride

“Ethyl parathion

“Fentin acetate (dry)

“Fluosilicic acid

“Heptachlor

“Hexachlorobenzene

“Hexaethyl tetraphosphate

“Hydrocyanic acid

“Hydrofluoric acid (40% aqueous)

“Isoprene

“Lead compounds

“Lindane (Gammexane, BHC)

“Malathion

“Mercuric compounds

“Methyl alcohol

“Methylene chloride

“Molasses

“Napthalene (molten)

“Naphthylthiourea

“Nitric acid (90%)

“Oleum

“Parathion

“Paraquat

“Phenol

“Phosphoric acid

“Phosphorus (elemental)

“Polyhalogenated biphenyls

“Sodium pentachlorophenate (solution)

“Styrene monomer

“Toluene

“Toluene diisocyanate

“Toxaphene

“Tritolyl phosphate (Tricresyl phosphate)

“2,4,5-T”

Sch. 2.3.Liquefied Gases (When carried in bulk)..

 

“Acataldehyde

“Anhydrous ammonia

“Butadiene

“Butane

“Butane/Propane mixtures

“Butylenes

“Chlorine

“Dimethylamine

“Ethyl chloride

“Ethane

“Ethylene

“Ethylene oxide

“Methane (LNG)

“Methol acetylene propadiene mixture

“Methyl bromide

“Methyl chloride

“Propane

“Prophlene

“Vinyl chloride monomer

“Anhydrous hydrogen chloride

“Anhydrous hydrogen fluoride

“Sulphur dioxide”

4. Radioactive Substances. Radioactive substances, including, but not limited to, elements and compounds the isotopes of which are subject to the requirements of Section 835 of the Regulations for the Safe Transport of Radioactive Materials, 1973 Revised Edition, published by the International Atomic Energy Agency, and which may be found to be stored or transported as substances and/or materials in Type A packages, Type B Packages, as fissile materials or materials transported under special arrangements, such as

60
137
226
239
235
Co
Cs
Ra
Pu
U

Office of Legislative Counsel, PNG


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