Ship to Ship (STS) Transfer Operation

The Role of Port Authority

8th Joint Forum On STS Best Practices 2017

Muhammad Razif bin Ahmad General Manager

Johor Port Authority

17 May 2017

u Circa 1998 – u Formal introduction of STS operation in Malaysia u Specifically within Johor Bahru Port Limits

u Approval by Minister of Transport Malaysia u Regulated by Marine Department Malaysia

u Merchant Shipping Ordinance 1952 (S.491B)

BACKGROUND

STS Operation in Malaysia Today

Brunei Bay

Pasir Gudang

Johor Bahru

Tg. Pelepas Batu Pahat

Port Dickson

Port Klang

Melaka 1

47

1

2

111Linggi

13

JPA’s Port Limits

9 STS LOCATIONS 31 OPERATORS 2 LOCATIONS WITHIN JPA’s AREA 9 VESSELS WITHIN JPA’s AREA

Johor Bahru Tg Pelepas Linggi Melaka 2015 8,542,660 20,111,826 5,633,283 2,595,169

2016 7,273,958 11,545,885 11,625,149 252,465

Volu

me

/ Ca

rgo

(MT)

STS Area

Total STS Transactions

STS GOVERNANCE & BEST PRACTISES Safe, Secure & Pollution Free

Ø  Section 491B(1) – u  Any ship which is engaged or intends to engage in any of the

following activities … (k) ship to ship activity …, in Malaysian waters shall be required to notify the Director of Marine, in such form as may be prescribed by him, of such activity.

Ø  Section 491B(3) – u  The Director of Marine, upon receiving the notification, may impose

such terms and conditions as he thinks fit, including prescribing the fees for anything to be done or permitted to be done under this Ordinance, on the activity.

Ø  Section 491B(4) – u  Compliance failure, fine RM100,000 or 2 years imprisonment or both

LEGISLATION Merchant Shipping Ordinance 1952*

*Amendments vide Act A1316/2007 EIF on 24 December 2008

AREA

OF

OPE

RATI

ON

DESIGNATEDAREACheckavailabilityofslotsNEWAREASubmitdetailproposal*ConsultPortAuthoritywhereapplicable

TYPE

OF

VESS

EL A

LLO

WED

MARPOLREQReg.21,21.5&21.6SingleHull,DoubleBoHom–CASFSU/FSO/FPSODSL*Securedmooringwithstandbyanchor TY

PE O

F LI

QU

ID A

PPRO

VED

MarineDieselOilFuelOilGasOilNoliquidchemical

OIL

SPI

LL R

ESPO

NSE

CONTINGENCYPLAN1,000tonnesspillcapacityEquipment:oilbooms,dispersants,skimmers24hoursstandby30minutesresponseWme

CONDITIONS OF APPROVAL BY MARINE DEPARTMENT MALAYSIA

DOCUMENTATION

1.  SHIP TO SHIP OPERATION MANUAL

2.  LIST OF VESSELS (Including tugs)

3.  VESSEL’S CLASS CERTIFICATES

4.  CV OF PILOTS (If other than Port Authority’s pilot)

5.  VESSEL SHIPBOARD OIL POLLUTION EMERGENCY PLAN (SOPEP)

6.  International Chamber of Shipping (ICS) Guide

7.  Oil Companies International Maritime Forum (OCIMF) Guide

8.  INSURANCE CERTIFICATES (CLC, Bunker, Wreck Removal)

9.  ISPS Code Compliance (as terminal)

1.  Port of Tanjung Pelepas Marine Services Handbook – for Marine Services arrangement (pilot and tug bot services) and Oil Pollution Plan

2.  International Convention for the Prevention of Oil Pollution from Ships. 1973 as modified by the protocol of 1978 (MARPOL 73/78)

3.  Chapter 8 to MARPOL and Annex 1, aimed the prevention of pollution during STS transfer of oil cargo

4.  Annex 2, Resolution of Condition Assessment Scheme or CAS (MEPC 94(46))

5.  International Convention on Civil Liability for Oil Pollution Damage 1992

6.  International Ship and Port Security (ISPS) Code

7.  International Standards of Training, Certification and Watch keeping for Seafarers (STCW 1978 as amended)

8.  Oil companies International Marine Forum (OCIMF)

9.  International Chamber of Shipping (ICS)

10.  International Ship Safety Guide for Oil Tankers and Terminals (ISGOTT)

OPERATIONAL GUIDELINES

1.  Workers – Malaysian or Malaysian Work Permit Holders

2.  Report of every Arrival/Departure of vessel

3.  Subject to Port State Control inspection by Marine Department

4.  Compliance to Customs & Immigration

5.  Pay all port charges and light dues

6.  Report of every transaction

7.  Contribute to the IOPC Fund

8.  Discharge prohibition from vessel: MARPOL

OPERATIONAL REQUIREMENTS

WHAT DOES THE PORT AUTHORITY DO? STS Operation in a Port Authority’s Port

Provisions under Port Authorities Act 1963 Section 3(2) –The authority shall have power to do all things reasonably necessary for or incidental to the discharge of its functions, and in particular …

(d) Levy port dues and such general charges upon goods or cargo …

(e) Control berthing & movement of all vessels …

(v) Undertake or grant licence … any activities in the port … including STS operation

Section 23 – Vessels require permit for the conveyance of goods within port area

FUNCTIONS OF PORT AUTHORITY

v  Consult port operator

v  Ensure port operation is not impacted

v  STS spots not obstructing safe passage & anchorage

v  Ensure area for port expansion is not reduced

(STS has to make way e.g. Pengerang case @ Pasir Gudang Port)

DETERMINATION OF STS SPOTS

v  Monitoring via VTMS

v  Report every Arrival/Departure of ship

v  Use port pilot and marine services

v  Report every transaction (type & volume handled)

v  STS mother vessels to be licensed *

REGULATING STS OPERATIONS

1.  TRAFFIC CONGESTION

2.  LIMITED AREA FOR PORT FACILITIES EXPANSION

3.  DO WE NEED STS OPERATIONS IN COMMERCIAL PORTS? v  STS TO MAKE WAY FOR FUTURE PORT EXPANSION

v  ON SHORE STORAGE FACILITIES e.g. Pengerang

v  PROPER EXIT TIME FRAME/PLANNING

4.  MORE STRUCTURED DETERMINATION OF STS SPOTS

5.  MORE CONSULTATIONS IN THE DECISION MAKING PROCESS

6.  REGULAR OPERATIONAL AUDITS (Including by Port Authority)

7.  INCLUDE POWERS TO REGULATE ENVIRONMENTAL MATTERS

ISSUES & THE WAY FORWARD

Thank You

razifahmad@lpj.gov.my