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Section 1A   [ View Judgements ]

Definitions


(1) In these rules, unless the context otherwise requires:-



(a) "Act" means the Merchant Shipping Act, 1958 ;



(b) "anniversary date" means the day and the month of each year which will correspond to the date of expiry of the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk;



(c) "associated piping" means the pipeline from the suction point in a cargo tank to the shore connection used for unloading the cargo and includes ship's piping, pumps and filters which are in open connection with the cargo unloading line;



(d) "ballast water" includes,-



(i) "clean ballast" which means ballast water carried in a tank which, since it was last used to carry a cargo containing a substance in Category X, Y or Z, referred to in rule 6, has been thoroughly cleaned and the residues resulting therefrom have been discharged and the tank emptied in accordance with the provisions of these rules;



(ii) "segregated ballast" means ballast water introduced into a tank permanently allocated to the carriage of ballast or cargoes other than oil or noxious liquid substances and which is completely separated from the cargo and oil fuel system;



(e) "Category X. Y or Z" means the categories specified in clauses (a), (b) and (c) respectively of rule 6;



(f) "certifying authority" means the Central Government;



(g) "Chemical Codes" includes-



(i) "Bulk Chemical Code" which means the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organization;



(ii) "International Bulk Chemical Code" which means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organisation;



(h) "Convention" shall have the same meaning as assigned to it in clause (e) of section 356B;



(i) "Depth of water" means the charted depth;



(j) En route" means that the ship is under way at sea on a course or courses, including deviation from the shortest direct route, which as far as practicable for navigational purposes, shall cause any discharge to be spread over as great an area of the sea as reasonable and practicable;



(k) "Government ship" means the ship owned by the Central Government or the State Government;



(l) "Liquid substances" means such liquid substances having a vapour pressure not exceeding 0.28 MPa absolute at a temperature of 37.8DegreeC;



(m) "Manual" means the Procedures and Arrangements Manual as per Schedule-II;



(n) "nearest land", with all grammatical variations, means the baseline from which the territorial sea of the territory in question is established in accordance with international law except that, for the purposes of the of north-eastern coast of Australia, it shall mean from a line drawn from a point on the coast of Australia in-



latitude 11Degree00'S, longitude 142Degree08'E to a point in latitude 10Degree35'S, longitude 141Degree55'E,



thence to a point latitude 10Degree00'S, longitude 142Degree00'E,



thence to a point latitude 09Degree10'S, longitude 143Degree52'E,



thence to a point latitude 09Degree00'S, longitude 144Degree30'E,



thence to a point latitude 10Degree41'S, longitude 145Degree00'E,



thence to a point latitude 13Degree00'S, longitude 145Degree00'E,



thence to a point latitude 15Degree00'S, longitude 146Degree00'E,



thence to a point latitude 17Degree30'S, longitude 147Degree00'E,



thence to a point latitude 21Degree00'S, longitude 152Degree55'E,



thence to a point latitude 24Degree30'S, longitude 154Degree00'E,



thence to a point on the coast of Australia in latitude 24Degree 42'S, longitude 153Degree 15'E



(o) "noxious liquid substance" means the substance indicated in the pollution category column of chapter 17 or 18 of the International Bulk Chemical Code or falling under any of the categories specified in clauses (a), (b), and (c) of paragraph 6;



(p) "Organization" means International Maritime Organization;



(q) "ppm" means ml/m3;



(r) "residue" means any noxious liquid substance which remains for disposal;



(s) "residue/water mixture" means residue to which water has been added for any purpose including tank cleaning, ballasting or bilge slops;



(t) "Schedule" means the Schedule annexed to these rules;



(u) "Ship construction" includes 'ship constructed" and 'similar stage of construction',-



Explanation.-(i) "ship constructed" means a ship the keel of which is laid or which is at a similar stage .of construction and a ship converted to a chemical tanker, irrespective of the date of construction, shall be treated as chemical tanker constructed on the date on which such conversion commenced but it does not include modification of a ship which complies with all of the following conditions:



(A) the ship is constructed before 1st July 1986; and



(B) the ship is certified under the Bulk Chemical Code to carry only those products identified by that Code as substances with pollution hazards only;



(ii) "similar stage of construction" means the stage at which:



(A) construction identifiable with a specific ship begins; and



(B) assembly of that ship has commenced comprising at least fifty tonnes or one per cent of the estimated mass of all structural material, whichever is less.



(v) "solidifying/non-solidifying substance" includes solidifying substance and non- solidifying substance.



Explanation.-(i) "solidifying substance" means a noxious liquid substance which in the case of a substance with a melting point:-



(A) of less than 15DegreeC, is at a temperature of less than 5DegreeC above its melting point at the time of unloading; or



(B) equal to or greater than 15DegreeC, is at a temperature of less than 10DegreeC above its melting point at the time of unloading;



(ii) "non-solidifying substance" means a noxious liquid substance, which is not a solidifying substance;



(w) "State Party" means the State which is a party to the Convention;



(x) "tanker" includes Chemical tanker and NLS tanker.



Explanation.-(i) "Chemical tanker" means a ship constructed or adapted for the carriage in bulk of any liquid product listed in chapter 17 of the International Bulk Chemical Code;



(ii) "NLS tanker" means a ship constructed or adapted to carry a cargo of noxious liquid substances in bulk and includes an oil tanker as defined in clause (1) of section 356B when certified to carry a cargo or part cargo of noxious liquid substances in bulk.



(y) "viscosity" includes High-viscosity substance and Low-viscosity substance.



Explanation.-(i) "high-viscosity substance" means a noxious liquid substance in category X or Y with a viscosity equal to or greater than 50 mPa.s at the unloading temperature;



(ii) "low-viscosity substance" means a noxious liquid substance which is not a high-viscosity substance.

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