[MAT 42,485] Issue, duration and renewal of an International Oil Pollution Prevention Certificate for a Fiji ship97
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- (a)the ship has undergone an initial or renewal survey in accordance with regulation 91 to the satisfaction of the surveyor; and
- (b)the ship meets the applicable requirements of these Regulations;
the Chief Executive Officer or the authorised person shall issue or renew an International Oil Pollution Prevention Certificate for that ship.
(2) An International Oil Pollution Prevention Certificate issued to a Fiji ship shall be in the form shown in MARPOL Convention, Annex I Appendix II.
(3) An International Oil Pollution Prevention Certificate shall be valid for a period specified by the Chief Executive Officer where the certificate is issued by the Chief Executive Officer, or valid for a period specified by an authorised person where the certificate is issued by that person, up to, in either case, a maximum period of 5 years from the date of issue, provided that—
- (a)if a renewal survey is completed—
- (i)within 3 months before the expiry date of the existing International Oil Pollution Prevention Certificate, the new International Oil Pollution Prevention Certificate will be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing International Oil Pollution Prevention Certificate;
- (ii)after the expiry date of the existing International Oil Pollution Prevention Certificate, the new International Oil Pollution Prevention Certificate will be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing International Oil Pollution Prevention Certificate; and
- (iii)more than 3 months before the expiry date of the existing International Oil Pollution Prevention Certificate, the new International Oil Pollution Prevention Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey;
- (b)if an International Oil Pollution Prevention Certificate is issued to a Fiji ship for a period of less than 5 years, the Chief Executive Officer or an authorised person may extend the validity of the International Oil Pollution Prevention Certificate beyond the expiry date to the maximum 5 year period, provided that the surveys referred to in regulation 91 are carried out as appropriate;
- (c)if a renewal survey has been completed and a new International Oil Pollution Certificate cannot be issued or placed on board a Fiji ship before the expiry date of the existing International Oil Pollution Prevention Certificate, the Chief Executive Officer or authorised person may endorse the existing International Oil Pollution Prevention Certificate and that certificate shall be accepted as valid for a further period which must not exceed 5 months from the expiry date;
- (d)if a Fiji ship, at the time when an International Oil Pollution Prevention Certificate issued under subregulation (1) expires, is not in a port in which it is to be surveyed, the Chief Executive Officer, or an authorised person, may extend the period of validity of that Certificate, provided that the extension—
- (i)be only granted for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so;
- (ii)not be granted for a period exceeding 3 months; and
- (iii)shall not entitle a ship, on its arrival in the port in which it is to be surveyed, to be entitled by virtue of such extension to leave the port without having a new International Oil Pollution Prevention Certificate;
- (e)when the renewal survey is completed, the new International Oil Pollution Prevention Certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing International Oil Pollution Prevention Certificate before the extension was granted;
- (f)if an annual or intermediate survey is completed before the period specified in regulation 91(1), then—
- (i)the anniversary date shown on the International Oil Pollution Prevention Certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the survey was completed;
- (ii)the subsequent annual or intermediate survey required by regulation 91(1), shall be completed at the intervals prescribed by that subregulation using the new anniversary date; and
- (iii)the expiry date may remain unchanged provided that one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 91(1) are not exceeded.
(4) An International Oil Pollution Prevention Certificate is subject to the following conditions—
- (a)no significant alterations may be made to the construction, equipment, systems, fittings, arrangements or material, without the approval of a surveyor in accordance with regulation 93(2), except the direct replacement of such equipment and fittings;
- (b)satisfactory completion of annual and intermediate surveys required by regulation 91(1) takes place within the periods specified;
- (c)the certificate is endorsed in accordance with regulation 91(5);
- (d)the ship carries on board the oil record books and applicable approved manuals required to be carried by in Part 2 of these Regulations;
- (e)the ship carries on board a Fiji shipboard marine oil spill contingency plan in compliance with the requirements of Part 5 of these Regulations;
- (f)the International Oil Pollution Prevention Certificate has permanently attached to it a Record of Construction and Equipment as required by, and in the form prescribed by regulation 98; and
- (g)the ship operates in compliance with any limitations on trades and voyages specified in its Record of Construction and Equipment.
The Laws of Fiji