1. This Act is the Merchant Shipping (Wreck Removal) Act 2017.
Merchant Shipping (Wreck Removal) Act 2017
An Act to give effect to the Nairobi International Convention on the Removal of Wrecks, 2007 and to make provision generally for matters connected therewith.
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PART 1 — PRELIMINARY
2. In this Act, unless the context otherwise requires —“affected State” means the State in whose Convention area the wreck is located;
“Authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996;
“Convention” means the Nairobi International Convention on the Removal of Wrecks, 2007, the text of which is in the First Schedule;
“Convention area” means the exclusive economic zone of a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured;
“court”, in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate;
“damage” includes loss;
“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that section;
“gross tonnage”, in relation to a ship, means its gross tonnage calculated in accordance with the regulations in Annex 1 of the International Convention on Tonnage Measurement of Ships, 1969 and any amendment to it which has come into force and has been accepted by the Government, or any successor convention accepted by the Government;
“hazard” means any condition or threat that —(a)
poses a danger or impediment to navigation; or
(b)
may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of one or more States;
“International Safety Management Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention 2002 adopted by the International Maritime Organization, and any amendment to it which has come into force and has been accepted by the Government;
“maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo;
“master”, in relation to a ship, includes every person, except a pilot, having command or charge of the ship;
“operator”, in relation to a ship, means —(a)
the owner of the ship; or
(b)
any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code;
“owner”, in relation to a ship, means the owner, and includes the registered owner;
“port”, in relation to Singapore, has the meaning given by the Maritime and Port Authority of Singapore Act 1996;
“registered owner”, in relation to a ship, means —(a)
the person registered as the owner of the ship; or
(b)
in the absence of registration, the person owning the ship,
except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
“related interests” means the interests of a coastal State directly affected or threatened by a wreck, such as —(a)
maritime coastal, port and estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned;
(b)
tourist attractions and other economic interests of the area concerned;
(c)
the health of the coastal population and the wellbeing of the area concerned, including conservation of marine living resources and of wildlife; and
(d)
offshore and underwater infrastructure;
“removal” means any form of prevention, mitigation or elimination of the hazard created by a wreck;
“ship” means a seagoing vessel of any type whatsoever, and includes hydrofoil boats, air‑cushion vehicles, submersibles, floating craft and floating platforms, except when those platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources;
“Singapore ship” means a ship —(a)
that is registered, provisionally or otherwise, under Part 2 of the Merchant Shipping Act 1995; and
(b)
which registry is not closed or deemed to be closed or suspended under that Part;
“Singapore’s Convention area” means the exclusive economic zone of Singapore;
“State Party” means a State in respect of which the Convention is in force;
“wreck”, following upon a maritime casualty, means —(a)
a sunken or stranded ship;
(b)
any part of a sunken or stranded ship, including any object that is or has been on board such a ship;
(c)
any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or
(d)
a ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken.
3. Nothing in this Act applies in relation to any wreck following upon a maritime casualty occurring before 8 September 2017.
PART 2 — REPORTING OF WRECKS
4.—(1) Where a Singapore ship is involved in a maritime casualty resulting in a wreck in a Convention area other than Singapore’s Convention area, the master or the operator of that ship must report the wreck to the government of the affected State without delay.
(2) Where a Singapore ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area, the master or the operator of that ship must report the wreck to the Director without delay.
(3) The report mentioned in subsections (1) and (2) must contain —(a)
the name and principal place of business of the registered owner of the ship involved in the maritime casualty; and
(b)
so far as it is known, the following information:(i)
the precise location of the wreck;
(ii)
the type, size and construction of the wreck;
(iii)
the nature of the damage to, and the condition of, the wreck;
(iv)
the nature and quantity of the cargo, in particular any hazardous and noxious substances;
(v)
the amount and types of oil, including bunker oil and lubricating oil, on board.
(4) If any of the persons mentioned in subsection (1) or (2) makes a report under that subsection, the other person mentioned in that subsection is not required to make the report.
(5) If a report required to be made under subsection (1) or (2) is not made, the master and the operator of the ship shall each be guilty of an offence.
(6) If the report made under subsection (1) or (2) does not comply with subsection (3), the master or the operator of the ship who made the report shall be guilty of an offence.
(7) A master or an operator of a ship who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000.
PART 3 — LOCATING, MARKING AND REMOVAL OF WRECKS
5. This Part applies where a ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area.
6. Upon becoming aware of a wreck, the Director must take all reasonable steps to ensure Singapore’s compliance with its obligations under Articles 7 and 8 of the Convention.
7.—(1) Where a wreck has been determined by the Director to constitute a hazard, the Director must take all reasonable steps to give a notice requiring the registered owner of the ship involved in the maritime casualty resulting in the wreck to —(a)
remove the wreck; and
(b)
provide evidence of insurance or other financial security as required by any regulations made under this Act.
(2) The notice must be in writing and must —(a)
specify a reasonable deadline within which the registered owner must remove the wreck, taking into account the nature of the hazard as determined by the Director;
(b)
specify that if the registered owner does not remove the wreck within that deadline, the Director may remove the wreck at the registered owner’s expense; and
(c)
state the Director’s intention to intervene immediately in circumstances where the hazard becomes particularly severe.
(3) The notice may specify conditions as to the removal of the wreck to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment.
8.—(1) The Director may remove a wreck which the Director has determined to constitute a hazard —(a)
where the registered owner of the ship does not remove the wreck within the deadline specified in the notice mentioned in section 7(2);
(b)
where the registered owner of the ship cannot be contacted; or
(c)
where the Director has determined that having regard to the nature of the hazard immediate action must be taken to remove the wreck.
(2) Where the Director removes a wreck under subsection (1), the Director must do so by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.
(3) The Director —(a)
may sell any wreck, free of liens and encumbrances and in the manner the Director thinks fit;
(b)
may take out of the proceeds of the sale of the wreck the expenses incurred by the Director in relation to the sale as reimbursement; and
(c)
must hold the surplus of the proceeds of the sale (if any) in trust for the persons entitled to the surplus of the proceeds of sale.
9. The Director must take into account the matters set out in Article 6 of the Convention when determining —(a)
whether a wreck constitutes a hazard under section 7(1) or 8(1); or
(b)
the nature of the hazard under section 7(2)(a) or 8(1)(c).
PART 4 — CIVIL LIABILITY FOR WRECK REMOVAL
Division 1 — Liability
10.—(1) This section applies where —(a)
a ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area; and
(b)
costs are incurred by the Director for locating, marking and removing the wreck under Part 3.
(2) Subject to subsections (3) and (4), the registered owner of the ship is liable for the Director’s costs.
(3) The registered owner of a ship is not liable for the Director’s costs if or to the extent that liability for the costs would conflict with —(a)
a convention listed in paragraph 1 of Article 11 of the Convention if Singapore is a party to the convention and the convention is in force in Singapore;
(b)
any enactment implementing such a convention; or
(c)
any other provision specified in an order made by the Authority, with the approval of the Minister, and published in the Gazette.
(4) The registered owner of a ship is not liable for the Director’s costs if the registered owner of the ship proves that an exception set out in paragraph 1(a), (b) or (c) of Article 10 of the Convention applies.
(5) Where the registered owner of each of 2 or more ships is liable for costs under this section but the costs for which each is liable cannot reasonably be separated, the registered owners are jointly liable for the total costs.
(6) For the purposes of this section, a reference to the registered owner of the ship is a reference to the registered owner of the ship involved in the maritime casualty resulting in the wreck at the time of the maritime casualty.
11. No claim for the costs mentioned in section 10(2) may be made against the registered owner of the ship otherwise than in accordance with the provisions of this Act.
12. If a registered owner of a ship incurs liability under section 10, that liability may be limited in accordance with and in the manner provided in Part 8 of the Merchant Shipping Act 1995, as if paragraph 1(d) and (e) of Article 2 of the Convention on Limitation of Liability for Maritime Claims, 1976 has the force of law in Singapore.
13. An action to recover costs incurred under section 10 may not be brought unless the action is commenced on or before the earlier of the following:(a)
the end of the period of 3 years after the date on which the notice by the Director is given under section 7;
(b)
the end of the period of 6 years after the date of the maritime casualty which resulted in the wreck.
Division 2 — Compulsory insurance
14.—(1) This Division applies to a ship, other than an excluded ship, having a gross tonnage of 300 or above.
(2) In this Division —“covered by wreck removal insurance”, in respect of a ship, means that there is in force in respect of the ship wreck removal insurance;
“excluded ship” means a ship specified in the Second Schedule;
“foreign ship” means a ship other than a Singapore ship;
“wreck removal insurance” means a contract of insurance or other financial security satisfying the requirements of Article 12 of the Convention.
15.—(1) A Singapore ship may not enter or leave a port in Singapore, or a port in a country other than Singapore, unless —(a)
the ship is covered by wreck removal insurance;
(b)
the Director has certified that the ship is covered by wreck removal insurance; and
(c)
a copy of the Director’s certificate is carried on board the ship.
(2) A foreign ship may not enter or leave a port in Singapore unless —(a)
the ship is covered by wreck removal insurance; and
(b)
there is carried on board the ship written evidence of paragraph (a).
(3) The master of a ship must —(a)
ensure that the certificate mentioned in subsection (1)(c) or the written evidence mentioned in subsection (2)(b) (as the case may be) is carried on board the ship; and
(b)
on demand, produce the certificate or the written evidence (as the case may be) to —(i)
any officer of the Authority; or
(ii)
any consular officer within the meaning of section 2(1) of the Merchant Shipping Act 1995.
(4) If —(a)
a Singapore ship enters or leaves, or a person attempts to navigate the ship into or out of, a port in Singapore or any other country in contravention of subsection (1); or
(b)
a foreign ship enters or leaves, or a person attempts to navigate the ship into or out of, a port in Singapore in contravention of subsection (2),
the master and the operator of the ship shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000.
(5) A master of a ship who fails to comply with subsection (3)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
(6) If a person attempts to navigate a ship into or out of a port in Singapore in contravention of subsection (4), the ship may be detained by —(a)
the Director;
(b)
an officer of the Authority;
(c)
a police officer; or
(d)
a commissioned officer on full pay in the Singapore Armed Forces.
(7) Section 209 of the Merchant Shipping Act 1995 applies to the detention of a ship under this Act with the necessary modifications.
(8) In this section, a reference to a port includes —(a)
in the case of a port in Singapore — any offshore facility in the territorial sea of Singapore; and
(b)
in the case of a port in a country other than Singapore — an offshore facility in the territorial sea of that country.
16.—(1) The registered owner of a Singapore ship may apply to the Director for a certificate that the ship is covered by wreck removal insurance for the period for which the certificate will relate.
(2) Subject to subsection (3), the Director must issue the certificate upon an application under subsection (1) if the Director is satisfied that the ship is covered by wreck removal insurance for the period for which the certificate will relate.
(3) The Director may refuse to issue the certificate if the Director has any doubt as to —(a)
whether the obligations of the person providing the wreck removal insurance will be met; or
(b)
whether the insurance will satisfy the requirements of Article 12 of the Convention in all circumstances.
(4) The registered owner of a foreign ship registered in any country that is not a State Party may also apply to the Director for a certificate that the ship is covered by wreck removal insurance for the period for which the certificate will relate.
(5) The Director may, upon an application under subsection (4) —(a)
issue the certificate if the Director is satisfied that the ship is covered by wreck removal insurance for the period for which the certificate will relate; and
(b)
without prejudice to any other ground, refuse to issue the certificate on a ground mentioned in subsection (3).
(6) The Director must —(a)
maintain a record of any certificate issued under this section; and
(b)
make the record available for public inspection.
17.—(1) This section applies where —(a)
a ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area; and
(b)
at the time of the maritime casualty, the ship is covered by wreck removal insurance.
(2) If the registered owner of the ship is liable for the Director’s costs of locating, marking and removing the wreck under section 10, the Director may recover the costs from the person providing the wreck removal insurance (called in this section the insurer).
(3) It is a defence for the insurer in a claim under this section to prove that the maritime casualty was caused by the wilful misconduct of the registered owner of the ship.
(4) The insurer may also rely on any defences available to the registered owner of the ship.
(5) The insurer may limit its liability in respect of a claim made under this section in the same manner and to the same extent as the registered owner of the ship may limit its liability and may do so whether or not the maritime casualty resulted from any act or omission of the registered owner.
Division 3 — Supplementary
18. Section 3(1)(i) of the High Court (Admiralty Jurisdiction) Act 1961 is to be construed as extending to any claim in respect of a liability incurred by the registered owner of a ship under this Part.
19. Nothing in this Part affects any claim, or the enforcement of any claim, that a person incurring any liability under this Part may have against another person in respect of that liability.
PART 5 — MISCELLANEOUS
20.—(1) Subject to subsection (3), nothing in this Act applies in relation to —(a)
any warship; or
(b)
any ship for the time being used by the government of any State otherwise than for commercial purposes.
(2) Section 15 does not apply to a ship that is owned by a State Party if there is carried on board the ship a certificate issued by the State Party stating —(a)
that the ship is owned by the State Party; and
(b)
that any liability under section 10 will be met up to the limit prescribed by section 12.
(3) Subject to subsection (2), Part 4 applies to a ship mentioned in subsection (1)(a) or (b) if specified in a notice under paragraph 3 of Article 4 of the Convention.
21. An officer of the Authority or a police officer who reasonably believes that a person has committed an offence under this Act may, without warrant, arrest that person and take that person before a Magistrate’s Court to be dealt with according to law.
22. The powers conferred and the duties imposed on the Director under this Act may, subject to the Director’s directions, be exercised and carried out by any officer of the Authority generally or specially authorised by name or office by the Director.
23.—(1) An authorised officer who has reason to believe that an offence has been committed under this Act may —(a)
board any ship;
(b)
enter and search any place;
(c)
inspect and examine any ship or place;
(d)
summon any person who appears to be acquainted with the circumstances of the case before the authorised officer and examine that person orally;
(e)
require any person who appears to be acquainted with the circumstances of the case to provide any information or produce any record or document (or copy of any record or document) in the possession or under the custody or control of that person;
(f)
seize any book, paper, document, record, electronic material or other thing found in the ship or place which may provide evidence of the commission of an offence under this Act; and
(g)
make copies of, or take extracts from or samples of, any book, paper, document, record, electronic material or other thing provided, produced or seized (as the case may be) under this subsection.
(2) If a person summoned by an authorised officer under subsection (1)(d) fails to attend as summoned, the authorised officer may report the failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the summons.
(3) A person examined under subsection (1)(d) is bound to state truly what the person knows of the facts and circumstances concerning matters under this Act, except that the person need not say anything that might expose him or her to a criminal charge, penalty or forfeiture.
(4) A statement made by a person examined under subsection (1)(d) must —(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted in a language that he or she understands; and
(d)
after correction (if necessary), be signed by the person.
(5) Any person who —(a)
assaults, hinders, impedes or obstructs the authorised officer in the performance of the authorised officer’s duties under this section;
(b)
wilfully misstates, or without lawful excuse refuses to give, any information when examined by an authorised officer under subsection (1)(d); or
(c)
without lawful excuse, refuses to provide any information or produce any record or document (or a copy of any record or document) required of the person by an authorised officer under subsection (1)(e),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(6) In this section, “authorised officer” means the Director or an officer of the Authority who is authorised by the Director to exercise any of the powers mentioned in subsection (1).
24.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)
an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
(2) Where a corporation commits an offence under this Act, a person —(a)
who is —(i)
an officer of the corporation; or
(ii)
an individual who is involved in the management of the corporation and is in a position to influence the conduct of the corporation in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
(iii)
knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.
(6) In this section —“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005;
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —(a)
any person purporting to act in any such capacity; and
(b)
for a corporation whose affairs are managed by its members, any of those members as if the member was a director of the corporation;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
25.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)
an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —(a)
who is —(i)
an officer of the unincorporated association or a member of its governing body;
(ii)
a partner in the partnership; or
(iii)
an individual who is involved in the management of the unincorporated association or partnership and who is in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or
(iii)
knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.
(6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —(a)
any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and
(b)
any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
26. No liability shall lie personally against the Director, or any member, officer or employee of the Authority acting under the direction of the Director or the Authority who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.
27. Where an offence under section 4 or 15 is committed in relation to a Singapore ship outside Singapore, the master or the operator of the ship, or both (as the case may be) may be dealt with as if the offence has been committed in Singapore.
28.—(1) The Director may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$1,000.
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
(3) All sums collected under this section must be paid into the Consolidated Fund.
(4) The Director, and the members, officers and employees of the Authority, in relation to the administration, assessment and collection of the composition sums payable under this section, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act is to apply to such persons even though they are not or were not in the employment of the Government.
29. The Authority may, with the approval of the Minister, by order in the Gazette, exempt any person or ship, or class or description of persons or ships, from any provision of this Act, or any regulations made under this Act.
30. The Minister may, by order in the Gazette —(a)
amend the First Schedule for the purpose of giving effect to the Convention, including any amendment to the Convention that is binding on Singapore; and
(b)
amend the Second Schedule.
31.—(1) The Authority may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act.
(2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters:(a)
prescribe the fees to be paid for the purposes of this Act;
(b)
provide for the cancellation and delivery up to the Director of a certificate issued under section 16;
(c)
prescribe the offences under this Act that may be compounded;
(d)
provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both;
(e)
provide for any other matter which is required or authorised by any provision of this Act to be provided for by regulations.
Cite this legislation
- Official citation
- MSWRA2017
- Source
- sso.agc.gov.sg
- Data synced
Merchant Shipping (Wreck Removal) Act 2017 (sso.agc.gov.sg). Retrieved via LawPlayer, https://lawplayer.com/sg/act/MSWRA2017
This text is synced from sso.agc.gov.sg. In case of any discrepancy, the official version prevails.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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