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Chapter 4 Port area safety and pollution prevention measures
Section 1 General Rules
Article 18
For individual operators or vehicles entering or leaving the controlled areas of a commercial port, the person in charge of the respective operations or owner of the respective vehicle shall submit the appropriate documents and apply with the commercial port management enterprise, maritime and port authority or its designated institution for the port area permit. The operators and vehicles shall be inspected by port police before being granted access.
Crew members and seafarers may access the controlled areas only after they are approved by the National Immigration Agency and inspected by the port police force.
Article 19
Unless approved by the commercial port management enterprise, maritime and port authority or its designated institution, a public service ship, an operation ship owned by a state-run or private enterprise, a launch, or a tourist ship shall not navigate and operate within the port area. The number of the above ships shall be limited to reflect the actual needs.
If the ship mentioned in the preceding paragraph has been replaced by a new one, the old ship shall be scrapped or moved from the port area.
Article 20
A ship and floating equipment in the port area shall not be engaged in the following activities:
1.Violating laws or regulations to carry persons, cargoes or dangerous substances.
2.Soliciting passengers or cargoes in an improper way, or violating laws or regulations to carry passengers and tour around the port.
3.Exceeding the scope of business, or the navigation area as provided.
4.Berthing alongside another ship not for the purpose of operation in the absence of permission, or berthing or staying in the neighboring area of a merchant ship.
5.Berthing, loading/unloading cargos, or letting passengers and seafarers get on or off the ship at a place other than an appointed area
6.Navigating at night without showing signal lights or signal flags or sounding stereo box or signals at will
7.Arbitrarily entering or departing from the port without permission from the commerical port management enterprise, maritime and port authority or its designated institution
8. Drainage of untreated ballast water.
9. The use of fuel ships with sulfur content that does not comply with the provisions of this Law or does not adopt measures of similar reduction effect during their entry and exit of the port is found without the limits, except for any of the following circumstances:
(1) If qualified fuel cannot be purchased or the port of call has a temporary equipment failure within the schedule, documents should be attached with the declaration of forecast statement made upon entry to the port.
(2) The renovation report or replacement plan shall be approved by the maritime and port authority, and the renovation or replacement shall be completed within the deadline.
(3) Other matters force majeure
10.Being engaged in other behavior affecting the security of the port area announced by the maritime and port authority or its designated institution and reported by the commercial port management enterprise to the maritime port authority for announcement.
Article 21
One, who operates in a port area, shall not be engaged in one of the following acts:
1.Exceeding the scope of operation as permitted.
2.Disturbing public order of the port area.
3.Assigning or borrowing a business permit or pass in the absence of permission.
4.Employing workers who are not permitted by the authorities.
5.Entering the port area to continue operations during business suspension imposed by the authorities.
6.Causing pollution or mess at the port area during its operation.
7.Being engaged in other behaviors affecting the security of the port area announced by the maritime and port authority or its designated institution and reported by the commercial port management enterprise to the maritime port authority for announcement.
Article 22
The following operations in the port area are subjected to permission from the commercial port management enterprise, maritime and port authority or its designated institution:
1.Holding a ship's launch ceremony, testing the ship's engine, or calibrating a ship's navigation equipment.
2.Towing a ship into or out of a dry dock.
3.Conducting welding or smelting work.
4.Demonstrating life saving techniques in water.
5.Holding various maneuvers or ceremonies.
6.Hampering ships' navigation and port operations.
7.Setting off signal bombs, fireworks, or other explosives
8.Being engaged in other behaviors undermining port facilities announced by the maritime and port authority or its designated institution and reported by the commercial port management enterprise to the maritime port authority for announcement.
Article 23
The commercial port management enterprise, maritime and port authority or its designated institution and a wharf and transit shed operator are entitled to refuse an entrusting person's application or to stop loading, unloading or handling the cargoes under one of the following circumstances:
1.Contraband cargoes.
2.Uncompleted procedures for customs permission.
3.Nonconformity between entrusted entries or tonnage of cargoes and reality
4.Safety concern.
5.Unpaid or delinquent required wharf and transit shed charges unless otherwise agreed.
6.Noncompliant labels or identification.
7.Failure of the entrusting person to provide cargo quantity, tonnage, measurement, and other related operational data.
Article 24
The maritime and port authority or its designated institution, if necessary, may give notice to the state-run or private enterprise to provide information on the condition of the wharf and transit shed facilities, deployment of personnel, number and maintenance of equipment and tools, etc., for inspection.
The commercial port management enterprise shall, upon permission from the maritime and port authority, may obtain the business operation information of the public-run or private enterprise mentioned in the preceding paragraph. If the loading/unloading capacity does meet the required standards or is of safety concern, improvements shall be demanded within a given deadline. Failure to make improvements by the deadline which ends up in undermining operations at the commercial port may lead to termination of contract.
Article 25
While conducting ship's loading or unloading operations, or scrapping of a ship or other operations undertaken by other state-run or private enterprises within a port area, the operator shall clean the fuel, waste water, discarded materials, and garbage and shall not discard or dump them in the port area. If the operator fails to do so, the commercial port management enterprise, maritime and port authority or its designated institution shall clean them on the operator's behalf with those cleaning expenses paied by the ship owner or the operator.
Article 26
To maintain the security and sanitation of the port area, the maritime and port authority or its designated institution is entitled to send a representative to board a ship or enter factories, fields or gas stations of adjacent state-own or private enterprises for inspection.
Article 27
Except for designated bathing beaches, swimming is prohibited in commercial port areas.
Article 28
For areas officially announced to be open for public fishing within the commercial port areas, the commercial port management enterprise, maritime and port authority or its designated institution may entrust related well-registered associations to be in charge of people's safety and vehicle management.
Section 2 Loading or Unloading Dangerous Substances
Article 29
In order to enhance the security of the port area, the maritime and port authority or its designated institution may consult with the appropriate authorities, groups or operators to form a safety task force that monitors or directs the loading or unloading, transport, and storage of dangerous substances, and handles incidents.
Public and private businesses and institutions engaging in the operations of dangerous goods in domestic commercial ports shall regularly report the information on the quantity of stored dangerous goods to the commercial port management enterprise, maritime and port authority or its designated institution. The work shall be conducted according to the regulations of the operating manual for dangerous goods in port areas as drafted by the maritime and port authority or its designated institution.
Article 29-1
Public and private businesses and institutions engaged in the operation of dangerous goods in international commercial ports shall formulate storage and release management plans for the dangerous goods and submit them to the commercial port management enterprise for review; after review, the commercial port management enterprise shall submit such plans to the maritime and port authority for inspection prior to implementation.
Public and private businesses and institutions engaged in the operation of dangerous goods in domestic commercial ports shall formulate storage and release management plans for the dangerous goods and submit them to the maritime and port authority or its designated institution for review prior to implementation.
The storage and release management plan of the dangerous goods mentioned in two prior paragraphs shall contain the following contents:
1. Basis.
2. Purpose.
3. Range of location.
4. Site information.
5. Control of storage and release zones.
6. Loading/off-loading management.
7. Storage and release management.
8. Regular reporting mechanism.
9. Description of internal control mechanism and hazard prevention.
10. Response measures for accidents
Publicly owned businesses shall carry out the two aforementioned plans after they have been reviewed and approved; the commercial port management enterprise, maritime and port authority or designated institution may request the publicly owned businesses to review and update the plans when necessary.
Article 29-2
Public or privately owned businesses in charge of the loading and storage of dangerous goods in the port area shall designated personnel dedicated to the storage management of dangerous goods. The list of personnel shall be submitted for inspection by the maritime and port authority or designated institution at the end of every January or when there is a shift in personnel positions.
The designated personnel in the previous paragraph shall be trained and qualified by the maritime and port authority, designated institution or other agencies, schools or civil organizations entrusted by the maritime and port authority, and has obtained a certificate of training; please see the enclosed form for the regulations on training classification, number of personnel, training hours and training course contents.
Article 30
(cancellation)
Article 31
The ship carrying dangerous substances shall hang a red flag during daytime and a red light at night in the obvious place to warn the other ships not to approach.
Article 32
Except container ship, bow of other ships mentioned in the preceding article shall berth toward the outer port and shall not drop the anchor. However, the aforementioned shall not apply to the ship which could not turn around to berth or must drop the anchor because of the influences of wind and flow velocity in narrowed waters.
The preceding proviso for the ship could not turn around to berth or must drop the anchor because of the influences of wind and flow velocity in narrowed waters, the ship shall pick up the anchor immediately after berthing.
Article 33
For ships carrying dangerous substances, the entrusting person shall fill up an application sheet with the following information within twenty-four hours before the ship arrives at the port and obtain the approval from the commercial port management enterprise, maritime and port authority or its designated institution before operations commence:
1.The classification, UN number, name, nature, quantity of and loading/unloading precautions for the dangerous substances.
2.Name and phone number of the entrusting person.
3.Name and phone number of the supervisor on site.
4.The type and quantity of transport vehicles and their time of arrival at port.
5.Other information that shall be specified.
If the vessel in the preceding paragraph has traveled for less than 24 hours, the matters mentioned in the preceding paragraph shall be provided five hours prior to the ship’s arrival.
Article 34
While accepting an entrusted loading or unloading operation, a wharf and transit shed operator shall stop the operation immediately and have the entrusting person completed related procedures as required if dangerous substances are found that have not been permitted by the commercial port management enterprise, maritime and port authority or its designated institution or are different from the contents of permission.
Article 35
While loading or unloading dangerous substances, the entrusting person shall assign a supervisor to be on site to be in charge of contact and handling abnormal situations. Also, he/she shall work under the supervision of the chief on site assigned by the wharf and transit shed operator.
Article 36
A tanker applying for entering a port for repairs shall have its oil gas cleaned first. The gas free certificate issued by a survey organization shall also be sent to the commercial port management enterprise, maritime and port authority or its designated institution for permission before entering the port.
Article 37
A tanker shall perform oil loading or unloading operations at a place assigned by the commercial port management enterprise, maritime and port authority or its designated institution. During the operation, fences or oil pollution blocking amenities shall also be set up and firefighting facilities shall be in place to enclose the operation area. The operator shall immediately clean the oil spillage or leakage, if any, and notify the commercial port management enterprise, maritime and port authority or its designated institution.
The tanker shall depart from the port or stay in the appointed mooring site, after finishing up loading or unloading of oil, or refilling ballast water, or the inspection of the holds and the detachment of the connecting pipeline.
When other ships are refueling, the first two provisions shall apply.
Article 38
The captain shall comply with all the emergency measures concerning safety with regard to loading and unloading oil or refueling operations adopted by the commercial port management enterprise, maritime and port authority or its designated institution or the oil pumping station under particular circumstances.
Article 39
There should be Class A officers responsible for supervising loading or unloading of oil, checking hold or cleaning hold. It is the minimal requirement to have one officer on duty on the deck and in the two engine departments, respectively.
Article 40
When a ship carrying dangerous substances is loading or unloading or is berthing, the wharf and transit shed operator or the ship operator is entitled to take necessary measures depending on the nature of the dangerous substances.
Article 41
(cancellation)
Article 42
The entrusting person should properly pack dangerous substances and secure with? related marks and symbols according to the IMDG Code. They also must be properly stored by the the wharf and transit shed operators. Authorities may send representatives for a joint inspection if needed.
Article 43
When a ship carrying layover dangerous substances must enter the port again to load / unload other goods or dangerous substances, the entrusting person shall specify in the request form classification, UN number, name, quantity, and storage location of the said layover dangerous substance and submit one copy of the through cargo hold manifest to the wharf/transit shed operator for reference.
The abovementioned ship shall, in compliance with dangerous cargo regulations, not carry specified combinations of dangerous substances. Other cargo holds shall be installed for separation. Cargo holds for the layover dangerous substances shall remain sealed during transit.
Article 44
In case of emergency that occurs during loading or unloading of dangerous substances, the supervisor and technicians on site shall deal with it promptly. The chief on site assigned by the wharf and transit shed operator shall adopt rescue and responsive measures, and report to the related authority.
Article 45
After having finished loading or unloading dangerous substances, the wharf and transit shed operator shall clean up the site and conduct a safety check.
Article 46
When a ship transports dangerous substances into the port area, for the use of the ship or for the port operations, the ship owner shall report to the commercial port management enterprise, maritime and port authority or its designated institution for permission.
Section 3 Ships in Distress or Taking Shelter
Article 47
A ship in distress or taking shelter shall contact the port's signal tower, which should then report to the maritime and port authority or its designated institution.
Article 48
A ship in distress or taking shelter shall complete the following procedures immediately after berthing in the port:
1.It shall prepare the notice sheet for the ship to enter the port with the passengers' list and the seafarers' roster and submit them to the maritime and port authority or its designated institution for inspection.
2.The ship in distress shall submit sea protest to the maritime and port authority or its designated institution for authentication.
3.The captain shall prepare and submit required documentation on the ship to the maritime and port authority or its designated institution for verification.
Section 4 Ship Repairs
Article 49
The ship owner or his/her agent shall, before repairs, fill up a ship repair application form with a photocopy of the ship repairer's company or commercial registration and have them submitted to the commercial port management enterprise, maritime and port authority or its designated institution for approval.
Article 50
A tanker or a ship carrying flammable or explosive dangerous substances shall not conduct welding or melting works and shall not dismantle the main engine for examination and repairs before completely discharging or cleaning up oil gas.
Article 51
While a ship is under repairs in a port area, the ship operator shall assign a representative on site exclusively to monitor the repairs. The repairman shall assign a responsible person on site, who shall be under supervision of the supervising personnel, to take necessary safety measures. On every welding and smelting site, one of the following firefighting equipment should be in place:
1.Liquid or foam fire extinguishers with the contents volume no less than nine kilograms.
2.Carbon dioxide fire extinguishers with the contents of carbon dioxide no less than five kilograms.
3.Dry powder fire extinguishers with contents of the dry powder no less than three and a half kilograms.
4.Other approved fire extinguishing materials or fire extinguishers with the fire extinguishing capacity equivalent to nine kilograms of liquid.
Article 52
To ensure safety, machinery relating to the mobility of the ship in the berthing area may not be repaired during bad weather or when there are potential safety concerns.