Speech by Second Minister for Transport Ng Chee Meng for the Second Reading of The Prevention of Pollution of the Sea (Amendment) Bill

1.     Madam Speaker, I beg to move, “That the Bill be now read a second time.”

Rationale for the Bill

2.     This Bill seeks to amend the Prevention of Pollution of the Sea Act, 

i.     to give effect to the International Convention for the Control and Management of Ships' Ballast Water and Sediments.

3.     Ballast water is water that is taken on board ships to provide balance and stability to ships.  

i.     The discharge of ballast water from ships is one of the principal ways potentially invasive alien marine species are introduced into marine environments.  
ii.    The environmental and economic damage caused by invasive species can be substantial.

4.     The Convention seeks to prevent the transfer of harmful marine species and pathogens from one marine environment to another.  This is done by establishing standards and procedures for the management of ships' ballast water and sediments.  

5.     The Convention places restrictions on the uptake and discharge of ballast water by ships, and mandates the safe disposal of sediments.  

i.     It was adopted by the International Maritime Organization (IMO) in February 2004, 
ii.    and will be entering into force in September 2017.

6.     As a responsible Flag State and Port State committed to marine environment protection and sustainable shipping, Singapore will accede to the Convention.  

i.     The proposed Prevention of Pollution of the Sea (Amendment) Bill 2017 enables Singapore to comply with the Convention.   

Key Provisions of the Bill

7.     Let me highlight the key provisions of the Bill.  Mr Louis Ng has also separately mentioned to me that he supports the Bill.  He also shared some feedback on penalties and exemptions in the Bill which I will be talking about shortly.   

8.     Clause 6 prohibits the discharge of sediments into Singapore waters, 

i.     from any place on land,
ii.    or from any apparatus used for transferring sediments from or to any ship.  

9.     Clause 9 prohibits the discharge of untreated ballast water or sediments into Singapore waters from any ship, or from a Singapore ship into any sea. 

i.     Clause 9 also empowers MPA to make regulations to exempt ships from the prohibition against discharge of ballast water and sediments into our waters. 
 
ii.     Mr Ng asked me about how and when such exemptions will be given.  One possible exemption could be for ships that operate exclusively within a specified area, if the risk of transfer of invasive species through the discharge of their ballast water is deemed acceptable based on IMO's risk assessment guidelines.   

10.    Clauses 5, 7 and 8 revise the penalties for the discharge of pollutants, garbage and noxious liquid substances into our waters.

i.     With the revision, the limit of fines is increased from $10,000 to $20,000, 
ii.    and the period of imprisonment is reduced from two years to six months.  
iii.   The increase in fines ensures that the financial penalty continues to serve as an effective deterrent against pollution.  
iv.    The reduced jail term avoids unduly penalising seafarers for pollution-related offences committed during the course of their work.
v.     MPA's experience has been that pollution-related offences are more often a result of shipboard conditions arising from the actions of the employers, more than that that is due to individual seafarers acting on their own accord.

11.    The penalties for the discharge of untreated ballast water or sediments are aligned with the revised penalties for the discharge of pollutants, garbage and noxious liquid substances into our waters. 

12.    Clause 10 increases the financial penalty limits for contraventions of regulations relating to the provision of reception facilities.  

i.     The maximum jail term has also been retained. 
ii.    Under the Convention, terminals, including shipyards, that provide ballast tank repair, cleaning or retrofitting services, should provide for the reception of sediments from ships.  
iii.   The higher penalties that may be levied on reception facilities reflects the severity of the damage to the environment that their contraventions may cause.  

13.    Clause 11 empowers the MPA to make regulations requiring Singapore-flagged ships and ships in Singapore waters to carry ballast water record books on board.

14.    Clause 13 imposes a duty on land occupiers or persons in charge of apparatus for transferring sediments from which sediments have been discharged into Singapore waters, to report such discharge.  

15.    Clause 16 amends section 34 of the Act to empower the MPA, with the approval of the Minister, to make regulations to give effect to the Convention. 

16.    The shipping industry has been consulted, and they are supportive of the Bill.

Conclusion

17.    Madam Speaker, this Bill enables Singapore to fulfil our obligations under the Convention as a responsible member of the international maritime community.   

18.    Madam Speaker, I beg to move.