Merchant Shipping (Amendment) Act 2019 · As enacted
26. Insertion of Part VIIA to the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The following new Part is hereby inserted immediately after PART VII of the principal enactment, and shall have effect as PART VIIA of that enactment :-
“PART VII A
PREVENTION OF POLLUTION FROM SHIPS
Chapter 1
PRELIMINARY
215A.
Interpretation
In this Part–
“certificate” means a certificate issued in accordance with the
Convention;
“Convention” means International
Convention for the Prevention of
Pollution from Ships, 1973 as modified by the Protocol of 1978
and the Protocol of 1997 and any subsequent amendment made to such Protocols;
“country to which the Convention applies” means a country which is a contracting Government to the
Convention;
“International voyage” means a voyage between–
a port or place in Sri Lanka and a port or place outside
Sri Lanka; or
a port or place in a country to which the Convention applies
(other than
Sri Lanka) and a port or place in any other country or territory which is outside
Sri Lanka; and
“ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms.
215B.
Regulations
The Minister may make regulations in respect of–
any matter relating to the issuance of certificates and, recognition of certificates issued under the authority of a country to which the Convention applies;
the form of certificates to be issued under this Part; and
such other matters as are to be prescribed under this Part.
Chapter 2
CERTIFICATE
215C.
Prohibition on ships sailing without certificate issued under this Part
A ship shall not go to sea on a voyage to or from any port or place in Sri Lanka or any Sri Lanka ship shall not perform an international voyage, unless there is in force in respect of the ship a certificate issued under this Part.
If any ship goes or attempts to go to sea in contravention of subsection (1), the owner or the master of the ship shall be guilty of an offence and on conviction thereof, shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one hundred thousand rupees or to both such imprisonment and fine.
215D.
Variation of certificate on amendment of Convention
In the event of any amendment or replacement of any provisions of the
Convention affecting the nature of the certificate referred to in subsection (1) of section 215C, the Minister may by Order direct that such subsection shall have effect as if there were substituted therefor references to such other certificate, appropriate to the Convention as so amended, as the Minister may by such
Order prescribe.
215E.
Production of certificate
The master of every ship shall produce to the relevant officer, at the time a clearance for the ship is demanded for voyage, the certificate referred to in subsection (1) of section 215C, to be in force when the ship goes to sea and, a clearance shall not be granted and the ship may be detained, until the said certificate is so produced.
Survey, examination or investigation.
215 F. (1) The owner, the master or the agent of a ship requiring the issue of a certificate referred to in subsection (1) of section 215C shall apply for the ship to be surveyed, examined or investigated by the relevant authority to the effect that the condition of the ship and its equipment are in good order.
The relevant authority conducting the survey, examination or investigation shall, if he is satisfied that the condition of the ship and its equipment are in good order, complete a declaration of survey, examination or investigation in a form prescribed by regulation.
The declaration of survey, examination or investigation shall be sent forthwith by the relevant authority to the Director-General of
Merchant Shipping.
215G.
Issue of certificate
Upon receipt of the declaration of survey, examination or investigation of a ship referred to in section 215F, the Director-General of Merchant Shipping shall, if satisfied that the relevant provisions of this Part and the regulations made thereunder have been complied with, issue such certificate to such ship.
215H.
Period of validity of certificate
A certificate shall not remain in force–
for longer than such period as may be specified in the certificate, or as may be prescribed; or
after notice has been given to the owner, master or agent that the Director-General of
Merchant Shipping has cancelled the certificate under section 215I and shall not remain in force during the period of any suspension made under such section.
215I.
Cancellation or suspension of certificate
The Director-General of Merchant
Shipping may cancel or suspend a certificate relating to any ship where he has reason to believe that–
any declaration of survey, examination or investigation on which the certificate was founded has been made fraudulently or erroneously;
the certificate has been issued on false or erroneous information; or
since the making of the declaration of survey, examination or investigation, the condition of the ship or its equipment has sustained any damage, or is otherwise insufficient.
In every such case, the Director-General of Merchant Shipping may require the owner to have the ship again surveyed, examined or investigated and to obtain a further declaration of survey, examination or investigation before the reissue of the certificate or the grant of a fresh certificate in lieu thereof.
215J.
Information relating to cancellation or suspension
The Director-General of Merchant
Shipping shall inform the owner, master or agent of the ship that the certificate has been cancelled or suspended.
215K. (1) A certificate issued under the authority of a country to which the Convention applies to the effect that the condition of the ship and its equipment are in good order, shall be accepted by the Director-General of
Merchant Shipping and, regarded for all purposes covered by the Convention as having the same validity as a certificate issued by such country.
Every ship shall be required to hold the certificate referred to in subsection (1), while in the ports or offshore terminals under the jurisdiction of Sri Lanka.
Where the ship does not carry a valid certificate, the Director-General of Merchant
Shipping shall take such steps to ensure that the ship shall not sail until it may proceed to sea without presenting an unreasonable threat of harm to the marine environment:
Provided, the Director-General of
Merchant Shipping may grant such a ship permission to leave the port or offshore terminal for the purpose of proceeding to the nearest appropriate repair yard available.”.