PREVENTION OF POLLUTION OF THE SEA (AMENDMENT) BILL

Order for Second Reading read. 5.10 pm

The Minister for Communications (Mr Mah Bow Tan): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

This Bill seeks to amend the Prevention of Pollution of the Sea Act, 1990 to give effect to the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC Convention) which has been adopted by the International Maritime Organization (IMO) in 1990 and to enable Singapore to implement any international agreement relating to the prevention, reduction or control of pollution of the sea and pollution from ships. The Bill also increases the penalties for various offences under the Act and provides for the fines imposed for any offence under the Act to be paid into the funds of the MPA.

The "Exxon Valdez" disaster in 1989 clearly demonstrated that oil spills can overwhelm a country's response capability, regardless of resources at hand. Following this incident, the IMO adopted the OPRC Convention in 1990 in recognition of the serious threat posed to the marine environment by oil pollution incidents involving ships, seaports as well as oil handling facilities. Singapore is a major oil refining centre as well as the world's top bunkering port. We therefore have a responsibility to be prepared at all times to deal with pollution incidents that may arise. This Bill gives effect to the necessary precautionary measures.

The Convention is designed to facilitate international co-operation and mutual assistance in preparing for and responding to a major oil pollution incident and to encourage States to develop and maintain an adequate capability to deal with oil pollution emergencies.

It requires governments to establish a national system for responding promptly and effectively to oil pollution incidents. As a basic minimum, this includes the creation of a national contingency plan. In addition, seaports and oil handling facilities have to maintain Oil Pollution Emergency Plans (OPEPs) if there exist risks of oil pollution.

The MPA has revised its Marine Emergency Action Procedure (MEAP) to incorporate the provisions of the OPRC Convention. In the process, they have consulted various Government departments and corporations including Jurong Port, CAAS and PSA Corporation, which have responsibilities in the MEAP, as well as private terminal operators which provide oil handling facilities. This is to ensure that all parties concerned are ready to accept the responsibilities required of them under the revised MEAP. Terminal operators have now developed the OPEPs in anticipation of Singapore's accession to the OPRC Convention.

As a party to this Convention, Singapore will have obligation to give effect to the provisions of the Convention in its laws. The Bill contains the essential provisions to give effect to the Convention. In addition, to obviate the need to amend the Act in future when Cabinet approves Singapore's accession to any new international agreement or convention relating to the prevention, reduction or control of pollution of the sea and pollution from ships, the Bill also provides for regulations to be made to give effect to such international agreements or conventions. In case Members are concerned that Parliament's role as the main source of law making and its power to oversee regulations are eroded, let me stress that this Act asks Parliament for approval for MPA to make regulations relating specifically to prevention, control or reduction of pollution of the sea or pollution from ships. The regulations enacted will not exceed the ambit of the Act. International agreements relating to the prevention, reduction and control of pollution, such as the International Convention for the Prevention of Pollution from Ships (MARPOL) and OPRC, the Convention which we are addressing in this Bill, are voluminous and they contain a large amount of technical and administrative details. Moreover, they are amended frequently. For these reasons, it makes more sense that they be implemented by way of regulations. In any case, the regulations will be gazetted and all Members will have access to them so that they can raise issues of concern in Parliament.

Let me add that the existing section 34 already provides for regulations to be made to give effect to any other treaty or international agreement which provides for the modification of MARPOL. Section 34(c) will extend this to other international conventions or agreements specifically related to areas of pollution such as OPRC.

Section 34 of the Bill introduces other measures necessary to deal with pollution of the sea or pollution from ships. Besides oil terminals and refineries, cargo terminals, shipyards and other facilities in Singapore will now be required to store detergents, dispersants and equipment to deal with oil pollution. This is to enhance Singapore's oil combat capability. It will not add additional burden on cargo terminals or shipyards as such resources are currently stored at their premises.

To reflect the gravity of damage caused by oil pollution, clauses 4, 5, 6 and new paragraph (e) of section 34(3) seek to provide for increase in fines for non-compliance. The fines for indiscriminate discharge of oil into the sea are increased to reflect the severity as well as the increased cost of damage caused by oil pollution and to deter any such discharge. The Bill also provides that all fines imposed for any offence under the Act or any regulations made thereunder and all sums collected under section 33 of the Act shall be paid to the MPA. Payment of fines to MPA will enable it to recover part of the clean up cost for oil spills from unknown sources and expenses related to investigation into pollution incidents. The MPA has consulted the Ministry of Finance and it has no objection to the fines being paid to the MPA.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Mr Mah Bow Tan].

Bill considered in Committee; reported without amendment, read a Third time and passed.