Section 552: Definitions.––In this Part unless there is anything repugnant in the subject or

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Pakistan Merchant Shipping Ordinance, 2001: • chemical tanker — a ship constructed or adapted primarily to carry a cargo of noxious liquid substances in bulk and includes an oil tanker when it is carrying a cargo or part cargo of noxious liquid substances in bulk • convention — the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, relating thereto (MARPOL 73/78), as amended from time to time • convention country — any country in respect to which the convention referred to in clause (b) in force and includes any country to which such con- vention extends • Director-General — the Director-General of the Ports and Shipping Wing, Ministry of Communications • existing ship — any ship which is not a new ship • garbage — all kinds of victual, domestic and operational waste exclud- ing fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically • harmful substance — oil and other substances which if introduced into the sea or other water areas is liable to create hazards to human health or harm living resources and marine life and damage amenities or to interfere with other legitimate uses of the sea or other water areas • instantaneous rate of discharge of oil content — the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant • marine environment — the navigable waters of Pakistan and the land and resources therein and thereunder; the water and fishery resources of any area over which Pakistan asserts exclusive fishery management authority; the sea-bed and sub soil of the outer continental shelf of Pakistan, the resources thereof and the waters superjacent thereto; and the recreational; economic; and scenic values of waters and resources • nearest land — the nearest land the base link from which the territorial sea of the territory in question is established in accordance with international law • new ship — a ship— (i) for which the building contract was placed after the 31st December, 1975 ; or (ii) in the absence of a building contract, the keel which was laid or was at a similar stage of construction after the 30th June, 1976 ; (iii) the delivery of which was after the 31st December, 1979; and (iv) which has undergone a major conversion— (a) for which the contract was placed after the 31st December, 1975 ; or (b) in the absence of a contact, construction work of which was begun after the 30th June, 1976 ; or (c) which completed after the 31st December, 1976 ; (m) Noxious liquid substances means any substances defined as such in the Convention • oil — petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products • oily mixture — a mixture with any oil content • off-shore installation — an installation whether mobile or fixed, which is used or is intended to be used for under-water exploration or exploitation of crude oil, petroleum or other similar mineral oils, under lease, licence or any other form of contractual arrangement and includes. (a) any installation which could be moved from place to place under its own motive power or otherwise; and (b) a pipe-line • ship — any vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft (self propelled or not) and fixed or floating platforms; and • special area — a sea area where, for recognised technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic, the adoption of special mandatory methods for the pre- vention of sea pollution is required and defined as such in the convention This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

552. Definitions.––In this Part unless there is anything repugnant in the subject or context— (a) “chemical tanker” means a ship constructed or adapted primarily to carry a cargo of noxious liquid substances in bulk and includes an oil tanker when it is carrying a cargo or part cargo of noxious liquid substances in bulk ; (b) “convention” means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, relating thereto (MARPOL 73/78), as amended from time to time ; (c) “convention country” means any country in respect to which the convention referred to in clause (b) in force and includes any country to which such con- vention extends ; (d) “Director-General” means the Director-General of the Ports and Shipping Wing, Ministry of Communications; (e) “Discharge”, in relation to harmful substances of effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying except–– (i) dumping within the meaning of the convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, signed at London on the 13th November, 1972 ; or (ii) release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; or (iii) release of harmful substances for purposes of legitimate scientific research into pollution abatement or control ; (f) “existing ship” means any ship which is not a new ship ; (g) “garbage” means all kinds of victual, domestic and operational waste exclud- ing fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically ; (h) “harmful substance” means oil and other substances which if introduced into the sea or other water areas is liable to create hazards to human health or harm living resources and marine life and damage amenities or to interfere with other legitimate uses of the sea or other water areas ; (i) “instantaneous rate of discharge of oil content” means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant ; (j) “marine environment” means the navigable waters of Pakistan and the land and resources therein and thereunder; the water and fishery resources of any area over which Pakistan asserts exclusive fishery management authority; the sea-bed and sub soil of the outer continental shelf of Pakistan, the resources thereof and the waters superjacent thereto; and the recreational; economic; and scenic values of waters and resources ; (k) “nearest land” means the nearest land the base link from which the territorial sea of the territory in question is established in accordance with international law ; (l) “new ship” means a ship— (i) for which the building contract was placed after the 31st December, 1975 ; or (ii) in the absence of a building contract, the keel which was laid or was at a similar stage of construction after the 30th June, 1976 ; (iii) the delivery of which was after the 31st December, 1979; and (iv) which has undergone a major conversion— (a) for which the contract was placed after the 31st December, 1975 ; or (b) in the absence of a contact, construction work of which was begun after the 30th June, 1976 ; or (c) which completed after the 31st December, 1976 ; (m) Noxious liquid substances means any substances defined as such in the Convention ; (n) “oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products ; (o) “oily mixture” means a mixture with any oil content ; (p) “oil tanker’ means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carries and any “chemical tanker”, When it is carrying a cargo or a part cargo of oil in bulk; (q) “off-shore installation” means an installation whether mobile or fixed, which is used or is intended to be used for under-water exploration or exploitation of crude oil, petroleum or other similar mineral oils, under lease, licence or any other form of contractual arrangement and includes. (a) any installation which could be moved from place to place under its own motive power or otherwise; and (b) a pipe-line ; (r) “sewage” means–– (a) drainage and other wastes from any form of toilets and urinals ; (b) drainage from medical premises (dispensary, sick bay, etc;) via wash basin, wash tubs and scuppers located in such premises ; (c) drainage from spaces containing living animals ; or (d) other waste waters when mixed with the drainages specified above ; (s) “ship” means any vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft (self propelled or not) and fixed or floating platforms; and (t) “special area” means a sea area where, for recognised technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic, the adoption of special mandatory methods for the pre- vention of sea pollution is required and defined as such in the convention.

Effective date: 2001-01-01

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