S.L. 499.71 Art. 11Inspections and enforcement.  S.L. 499.34.

(1) All ships shall be subject to the inspection regime established by the Authority and to an inspection by an appropriate inspector in terms of such regime, including random ones, in order to verify that they comply with the provisions of these regulations:

Provided that, ships falling outside the scope of the Vessel

Traffic Monitoring and Reporting Requirements Regulations shall still be subject to the inspection regime to ensure, as far as practicable, compliance with the provisions of these regulations.

(2) Where the Authority becomes aware or has clear evidence that the Master, the operator or the agent of a ship has not complied with the provisions of regulation 7 or 8, or considers that there are clear grounds for believing that the declaration made and the information given for the purposes of the Second Schedule and, or the Third Schedule do not correspond substantially with the state of the ship, it may request an inspection of the ship by an appropriate inspector.

(3) The inspections carried out shall also ensure effective monitoring and enforcement of the arrangements for the delivery and payment in place for the exempted ships calling ports or terminals.

(4) The Authority may detain a ship in port if it did not deliver its waste in accordance with these regulations and until such a date to ensure compliance with the provisions of these regulations.

(5) Where there is clear evidence that a ship has proceeded to sea without having complied with regulation 8, the Authority shall, if the next port of call of the ship is known, inform the competent authority of the State in which the port is situated about the ship and with the evidence that has been collected.

(6) Where the Authority has been informed by the competent authority of another State of a ship in respect of which there is clear evidence of the type mentioned in sub-regulation (2), the Authority may request an inspection of the ship by an appropriate inspector at the earliest opportunity.

(7) If the Authority is not satisfied with the results of an inspection carried out in terms of these regulations, it shall, without prejudice to the application of penalties or any other legal or enforcement action in terms of law, direct a ship to deliver its waste to an authorised port reception facility and shall detain the ship until the delivery of waste operations are ready.

(8) The Authority shall ensure that the information related to the inspections carried out in terms of the provisions of these regulations, including information regarding non-compliance and prohibition of departure orders issued, is inputted without delay in the Commission inspection database as soon as:

(a) the inspection report has been completed;

(b) the order of prohibition of departure has been lifted; or

(c) an exemption has been granted.

(9) The Authority shall not, in the exercise of its power under this regulation, detain or delay the ship without any reason.