S.L. 226.3 Art. 7Obligations of marine terminals and marine facilities. S.L. 499.12. 5 6 [S.L.

(1) Each marine terminal and each marine facility shall have their respective separate pollution emergency plan:

Provided that, there may be joint plans between the Authority and operators of marine terminals and operators of marine facilities located within the same port area.

(2) An operator of a marine terminal or of a marine facility must:

(a) develop, implement and maintain a pollution emergency plan;

(b) update his pollution emergency plan; and

(c) appoint and maintain in position a person, responsible for the development, implementation, maintenance and updating of the said pollution emergency plan and liaise with the National Competent Authority in this regard, and inform the said National Competent Authority of such appointment and of any changes thereto:

Provided that, such plans must be prepared and submitted to the National Competent Authority within twelve months from the date of coming into force of these regulations;

Provided further that, where a marine terminal or marine facility comes into operation after the coming into force of these regulations, such plans must be prepared and submitted to the National Competent Authority at least two months before the operations and activities are commenced.

(3) A pollution emergency plan or amendments thereto must be approved by the National Competent Authority before coming into effect and implemented.

(4) A pollution emergency plan must incorporate any direction or guidance given by the National Competent Authority; and shall also include all obligations under the provisions of the Dangerous

Cargo Ships, Marine Terminals and Facilities and Bunkering Regulations with respect to pollution plans.

(5) A pollution emergency plan shall be revised every five years. Existing plans which are over five years old shall be revised within three years from the date of coming into force of these regulations and subsequently every five years.

(6) Where any major changes occur which affect or could affect the material validity or effectiveness of the pollution emergency plan, the marine terminal operator or the marine facility operator in question must immediately inform the National Competent Authority and submit a new plan, or amendments to the existing plan, within three months of becoming aware of such change. Furthermore, the operator is solely responsible to ensure that the National Competent Authority is immediately notified of any changes in the names and contact numbers of any of the key persons identified in the pollution emergency plan.

(7) Where the National Competent Authority considers that a pollution emergency plan or any amendments thereto are not:

(a) compatible with the National Contingency Plan in force; or

(b) appropriate for dealing with pollution incidents which may occur in the area in which the marine terminal or marine facility operates, has jurisdiction or exercises responsibility;

the National Competent Authority may, after consultation with the marine terminal or the marine facility concerned, order that such plan is amended accordingly, as may be necessary. The operator of such marine terminal or marine facility shall have the duty to amend the pollution emergency plan in accordance with the directions given to him.

(8) It shall be the duty of every marine terminal operator and marine facility operator to implement its approved pollution emergency plan in the event of a pollution incident.

(9) A marine terminal operator and a marine facility operator must:

(a) establish and have in place a minimum level of first-aid pollution response equipment corresponding with the risks involved as identified through a risk assessment;

(b) ensure that an adequate number of his personnel attend the necessary pollution response training at recognised and accredited training organisations in line with the directives of the National Competent Authority;

(c) organise periodical and at least once a year, training and drills in pollution incidents:

Provided that, a yearly schedule with the date and time of such training and drills must be given to the National POLLUTION PREPAREDNESS, RESPONSE 226.03 AND CO-OPERATION

st Competent Authority by not later than 31 January of each calendar year; and

(d) participate, when requested to do so by the National Competent Authority, and at least once a year, in the national pollution response and emergency training and drills organised periodically by the National Competent Authority.