{"kind":"expression","expression":{"expr_id":"121","doc_id":"121","label":"SL 17 of 2004","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/sl\/2004\/17\/eng@2004-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/sl\/2004\/17\", \"expression\": \"\/akn\/ky\/act\/sl\/2004\/17\/eng@2004-01-01\", \"manifestation\": \"\/akn\/ky\/act\/sl\/2004\/17\/eng@2004-01-01.pdf\"}, \"pdf\": {\"md5\": \"aea45495f062656c6217cc585fd7ea6f\", \"path\": \"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2004\/2004-0017\/2004-0017_SL 17 of 2004.pdf\", \"pages\": 19, \"filename\": \"2004-0017_SL 17 of 2004.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 4072, \"paragraph_count\": 6, \"text_char_count\": 27208}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Merchant Shipping (Marine Pollution) Law MERCHANT SHIPPING (MARINE POLLUTION) (REPORTING OF INCIDENTS INVOLVING HARMFUL SUBSTANCES) REGULATIONS, 2004 (SL 10 of 2004) SL 10 of 2004 PUBLISHING DETAILS Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 Arrangement of Regulations SL 10 of 2004 Merchant Shipping (Marine Pollution) Law MERCHANT SHIPPING (MARINE POLLUTION) (REPORTING OF INCIDENTS INVOLVING HARMFUL SUBSTANCES) REGULATIONS, (SL 10 of 2004) Arrangement of Regulations Regulation 1. 2. 3. 4.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"FIRST SCHEDULE GENERAL PRINCIPLES AND GUIDELINES FOR REPORTING FROM SHIPS SECOND SCHEDULE REPORTING PROCEDURES AND GUIDELINES Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 Regulation 1 SL 10 of 2004 Merchant Shipping (Marine Pollution) Law MERCHANT SHIPPING (MARINE POLLUTION) (REPORTING OF INCIDENTS INVOLVING HARMFUL SUBSTANCES) REGULATIONS, (SL 10 of 2004) The Governor, in exercise of the powers conferred on him by section 34 of the Merchant Shipping (Marine Pollution) Law, 2001, makes the following Regulations:\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation 1. These Regulations may be cited as the Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. In these Regulations, unless the context otherwise requires, words and expressions have the meanings given in The Merchant Shipping (Marine Pollution) Law, 2001, hereinafter referred to as \u201cthe Law\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Application 3. These Regulations apply to \u2014 (a) all Cayman Islands ships; and (b) all ships operating within Cayman Islands protected waters. Regulation 4 Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SL 10 of 2004\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Requirements 4. The systems and requirements for reporting from ships, incidents involving dangerous goods, harmful substances and marine pollutants shall be in accordance with the general principles and guidelines set out in the First Schedule and the reporting procedures and guidelines set out in the Second Schedule. 5. Repeal 5. The Merchant Shipping (Reporting of Pollution Incidents) (Cayman Islands) Regulations, 1988 are repealed. Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 FIRST SCHEDULE SL 10 of 2004 FIRST SCHEDULE GENERAL PRINCIPLES AND GUIDELINES FOR REPORTING FROM SHIPS General Principles 1. (1) Ship reporting systems and reporting requirements are used to provide, gather or exchange information through radio reports, which information is used to provide data for many purposes including search and rescue, vessel traffic services, weather forecasting and prevention of marine pollution. (2) Ship reporting systems and reporting requirements should, as far as practicable, comply with the following principles: \u2014 (a) reports should contain only information essential to achieve the objectives of the system; (b) reports should be simple and use the standard international ship reporting format and procedures; where language difficulties may exist, the languages used should include English, using where possible the Standard Marine Navigational Vocabulary, or alternatively, the International Code of Signals. The standard reporting format and procedures to be used are set out in the Second Schedule; (c) the number of reports should be kept to a minimum; (d) no charge should be made for communication of reports; (e) safety or pollution related reports should be made without delay; however, the time and place of making non-urgent reports should be sufficiently flexible to avoid interference with essential navigational duties; (f) information obtained from the system should be made available to other systems when required for distress, safety and pollution purposes; (g) basic information (ship\u2019sparticulars, on-board facilities and equipment, etc.) should be reported once, be retained in the system and be updated by the ship when changes occur in the basic information reported; (h) the purpose of the system should be clearly defined; (i) the Director should notify mariners of full details of the requirements to be met and procedures to be followed. Details of types of ships and areas of applicability, of times and geographical positions for submitting reports, of shore establishments responsible for operation of the system and of the services provided should be clearly specified. Chartlets FIRST SCHEDULE Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SL 10 of 2004 depicting boundaries of the system and providing other necessary information should be made available to mariners; (j) the establishment and operation of a ship reporting system should take into account: \u2014 (i) international as well as national responsibilities and requirements; (ii) the cost to ship operators and responsible authorities; (iii) navigational hazards; (iv) existing and proposed aids to safety; and (v) the need for early and continuing consultation with interested parties including a sufficient period to allow for trial, familiarisation and assessment to ensure satisfactory operation and to allow necessary changes to be made to the system; (k) the Director should ensure that shore establishments responsible for operation of the system are manned by properly trained persons; (l) the Director should consider the interrelationship between ship reporting systems and other systems; (m) the ship reporting systems should preferably use a single operating radio frequency; where additional frequencies are necessary, the number of frequencies should be restricted to the minimum required for the effective operation of the system; (n) information provided by the system to ships should be restricted to that necessary for the proper operation of the system and for safety; (o) ship reporting systems and requirements should provide for special reports from ships concerning defects or deficiencies with respect to their hull, machinery, equipment or manning, or concerning other limitations which could adversely affect navigation and for special reports concerning incidents of actual or probable marine pollution; (p) the Director should issue instructions to the shore establishments responsible for the operation of ship reporting systems to ensure that any reports involving pollution, actual or probable, are relayed without delay to the officer or agency nominated to receive and process such reports, and to ensure that such an officer or agency relays these reports without delay to the flag State of the ship involved and to any other State which may be affected; (q) where the Islands are affected or likely to be affected by pollution incidents and information relevant to the incident may be required, the Director should take into account the circumstances in which the master is placed, and should endeavour to limit requests for additional information; and Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 FIRST SCHEDULE SL 10 of 2004 (r) the Second Schedule does not apply to danger messages referred to under regulation V\/2 of the Safety Convention. The current practice of transmitting such messages should remain unchanged. Guidelines For Reporting Incidents Involving Dangerous Goods 2. (1) The intent of these Guidelines and those contained in the Second Schedule is to enable coastal States and other interested parties to be informed without delay when any incident occurs involving the loss, or likely loss, overboard of packaged dangerous goods into the sea. (2) Reports should be transmitted to the nearest coastal State. When the ship is within or near an area for which a ship reporting system has been established, reports should be transmitted, to the designated shore station of that system. Guidelines For Reporting Incidents Involving Harmful Substances and\/or Marine Pollutants 3. (1) The intent of these Guidelines and those contained in the Second Schedule, is to enable coastal States and other interested parties to be informed without delay of any incident giving rise to pollution, or threat of pollution, of the marine environment, as well as of assistance and salvage measures, so that appropriate action may be taken. (2) In accordance with section 34 of the Law a report shall be made to the nearest coastal State. (3) Whenever a ship is engaged in or requested to engage in an operation to render assistance to, or undertake salvage of, a ship involved in an incident referred to in section 34(2)(a)(i) or (ii) of the Law, the master of the former ship should report, without delay, the particulars of the action undertaken or planned, and the coastal States should also be kept informed of developments. (4) The probability of a discharge resulting from damage to the ship or its equipment is a reason for making a report. SECOND SCHEDULE Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SL 10 of 2004 SECOND SCHEDULE REPORTING PROCEDURES AND GUIDELINES Procedures 1. Reports should be sent as follows: \u2014 (1) Sailing plan (SP) -Before or as near as possible to the time of departure from a port within a system or when entering the area covered by a system. (2) Position report (PR) -When necessary to ensure effective operation of the system. (3) Deviation report (DR) -When the ship\u2019s position varies significantly from the position that would have been predicted from previous reports, when changing the reported route, or as decided by the master. (4) Final report (FR) -On arrival at destination and when leaving the area covered by a system. (5) Dangerous goods report (DG) -When an incident takes place involving the loss or likely loss overboard of packaged dangerous goods, including those in freight containers, portable tanks, road and rail vehicles and shipborne barges, into the sea. (6) Harmful substances report (HS) -When an incident takes place involving the discharge or probable discharge of oil or noxious liquid substances in bulk. (7) Marine pollutants report (MP) -In the case of loss or likely loss overboard of harmful substances in packaged form including those in freight containers, portable tanks, road and rail vehicles and shipborne barges, identified in the International Maritime Dangerous Goods Code as marine pollutants. (8) Any other report -Any other report should be made in accordance with subparagraph 1(1)(i) of the First Schedule. Standard Reporting Format and Procedures 2. (1) Sections of the ship reporting format which are inappropriate should be omitted from the report. (2) Where language difficulties may exist, the languages used should include English, using where possible the Standard Marine Navigational Vocabulary. Alternatively, the International Code of Signals may be used to send detailed information. When the International Code is used, the appropriate indicator should be inserted in the text, after the alphabetical index. (3) For route information, latitude and longitude should be given for each turn point, expressed as in C below, together with type of intended track between Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SECOND SCHEDULE SL 10 of 2004 these points, for example \\\"RL\\\" (rhumb line), \\\"GC\\\" ((great circle) or \\\"coastal\\\", or, in the case of coastal sailing, the estimated date and time of passing significant points expressed by a six-digit group as in B below. TELEGRAPHY Name of System (e.g.) AMVER\/ AUSREP\/ MAREP\/ ECAREG\/ JASREP TELEPHONE (ALTERNATIVE) Name of System (e.g.) AMVER\/ AUSREP\/ MAREP\/ ECAREG\/ JASREP State in full FUNCTION System Identifier Type of report INFORMATION REQUIRED Ship reporting system or nearest appropriate coast radio station Type of report SP Sailing Plan PR Position Report DR Deviation Report FR Final Report DG Dangerous Goods Report HS Harmful Substances Report MP Marine Pollutants Report Give in full Any other report A Ship (alpha) Ship Name, call sign or ship station identity, and flag B Time (bravo) Date and time of event A 6 digit group giving day of month (first two digits), hours and minutes (last four digits). If other than UTC state time zone used Position (charlie) Position A 4 digit group giving latitude in degrees and minutes suffixed with N(north) and S (south) and a digit group giving longitude in degrees and SECOND SCHEDULE Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SL 10 of 2004 TELEGRAPHY Name of System (e.g.) AMVER\/ AUSREP\/ MAREP\/ ECAREG\/ JASREP TELEPHONE (ALTERNATIVE) Name of System (e.g.) AMVER\/ AUSREP\/ MAREP\/ ECAREG\/ JASREP State in full FUNCTION System Identifier Type of report INFORMATION REQUIRED Ship reporting system or nearest appropriate coast radio station Type of report minutes suffixed with E (east) or W (west); or D Position (delta) Position True bearing (first 3 E Course (echo) True course A 3 digit group F Speed (fox-trot) Speed in knots and tenths of knots A 3 digit group G Departed (golf) Port of departure Name of last port of call H Entry (hotel) Date, time and point of entry into system Entry time expressed as in (B) and entry position expressed as (C) or (D) I Destination and ETA (india) Destination and expected time of arrival Name of port and date time group expressed as in (B) J Pilot (juliet) Pilot State whether a deep-sea or local pilot is on board K Exit (kilo) Date, time and point of exit from system Exit time expressed as in (B) and exit position expressed as in (C) or (D) L Route (lima) Route information Intended track M Radio communications (mike) Radio communications State in full names of stations\/frequencies guarded Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SECOND SCHEDULE SL 10 of 2004 TELEGRAPHY Name of System (e.g.) AMVER\/ AUSREP\/ MAREP\/ ECAREG\/ JASREP TELEPHONE (ALTERNATIVE) Name of System (e.g.) AMVER\/ AUSREP\/ MAREP\/ ECAREG\/ JASREP State in full FUNCTION System Identifier Type of report INFORMATION REQUIRED Ship reporting system or nearest appropriate coast radio station Type of report N Next report (November) Time of next report Date time group expressed as in (B) O Draught (Oscar) Maximum present static draught in metres 4-digit group giving metres and centimetres P Cargo (papa) Cargo on board Cargo and brief details of any dangerous cargoes as well as harmful substances and gases that could endanger persons or the environment (See detailed reporting requirements) Q Defect, damage, deficiency, limitations (Quebec) Defects\/damage\/ deficiencies\/ other limitations Brief details of defects, damage, deficiencies or other limitations (See detailed reporting requirements) R Pollution\/danger ous goods lost overboard (Romeo) Description of pollution or dangerous goods lost overboard Brief details of type of pollution (oil, chemicals, etc.) or dangerous goods lost overboard; position expressed as in (C) or (D) (See detailed reporting requirements) S Weather (sierra) Weather conditions Brief details of weather and sea conditions prevailing SECOND SCHEDULE Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SL 10 of 2004 TELEGRAPHY Name of System (e.g.) AMVER\/ AUSREP\/ MAREP\/ ECAREG\/ JASREP TELEPHONE (ALTERNATIVE) Name of System (e.g.) AMVER\/ AUSREP\/ MAREP\/ ECAREG\/ JASREP State in full FUNCTION System Identifier Type of report INFORMATION REQUIRED Ship reporting system or nearest appropriate coast radio station Type of report T Agent (tango) Ship\u2019s representative and\/or owner Details of name and particulars of ship\u2019s representative or owner or both for provision of information (See detailed reporting requirements) U Size and type (uniform) Ship size and type Details of length, breadth, tonnage, and type, etc., as required V Medic (victor) Medical personnel Doctor, physician\u2019s assistant, nurse, personnel without medical training W Person(whiskey) Total number of persons on board State number X Remarks (x-ray) Miscellaneous Any other information - including as appropriate, brief details of incident and of other ships involved either in incident, assistance or salvage (See detailed reporting requirements) Guidelines For Detailed Reporting Requirements 3. (1) Dangerous goods reports (DG) (a) Primary reports should contain items A, B, C (or D), M, Q, R, S, T, U, X of the standard reporting format; details for R should be as follows: \u2014 Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SECOND SCHEDULE SL 10 of 2004 (i) correct technical name or names of goods; (ii) UN number or numbers; (iii) IMO hazard class or classes; (iv) names of manufacturers of goods when known, or consignee or consignor; (v) types of packages including identification marks. Specify whether portable tank or tank vehicle, or whether vehicle or freight container or other cargo transport unit containing packages. Include official registration marks and numbers assigned to the unit; (vi) an estimate of the quantity and likely condition of the goods; (vii) whether lost goods floated or sank; (viii) whether loss is continuing; and (ix) cause of loss. (b) Where the condition of the ship is such that there is danger of further loss of packaged dangerous goods into the sea, items P and Q of the standard reporting format should be reported; and details for P should be as follows: \u2014 (i) correct technical name or names of goods; (ii) UN number or numbers; (iii) IMO hazard class or classes; (iv) names of manufacturers of goods when known, or consignee or consignor; (v) types of packages including identification marks. Specify whether portable tank or tank vehicle, or whether vehicle or freight container or other cargo transport unit containing packages. Include official registration marks and numbers assigned to the unit; and (vi) an estimate of the quantity and likely condition of the goods. (c) Particulars not immediately available should be inserted in a supplementary message or messages. (2) Harmful substances reports (HS) (a) In the case of actual discharge, primary HS reports should contain items A, B, C (or D), E, F, L, M, N, Q, R, S, T, U, X of the standard reporting format. In the case of probable discharge (see subparagraph (4), item P should also be included. Details for P, Q, R, T and X should be as follows: Details for P (i) type of oil or the correct technical name of the noxious liquid substances on board; SECOND SCHEDULE Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SL 10 of 2004 (ii) UN -number or numbers; (iii) pollution category (A, B, C or D), for noxious liquid substances; (iv) names of manufacturers of substances, where appropriate, when known, or consignee or consignor; and (v) quantity. Details for Q (i) condition of the ship as relevant; and (ii) ability to transfer cargo\/\u2019ballast\/fuel. Details for R (i) type of oil or the correct technical name of the noxious liquid discharged into the sea; (ii) UN number or numbers; (iii) pollution category (A, B, C or D), for noxious liquid substances; (iv) names of manufacturers of substances, where appropriate, when known, or consignee or consignor; (v) an estimate of the quantity of the substances; (vi) whether lost substances floated or sank; (vii) whether loss is continuing; (viii) cause of loss; (ix) estimate of the movement of the discharge or lost substances, giving current conditions where known; and (x) estimate of the surface area of the spill where possible. Details for T (i) name, address, telex and telephone number of the ship\u2019s owner and representative (charterer, manager or operator of the ship or their agent). Details for X (i) actions being taken with regard to the discharge and the movement of the ship; (ii) assistance or salvage efforts which have been requested or which have been provided by others; and (iii) the master of an assisting or salvaging ship should report the particulars of the action undertaken or planned. (b) After the transmission of the information referred to above in the initial report, as much as possible of the information essential for the protection of the marine environment as is appropriate to the incident should be Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SECOND SCHEDULE SL 10 of 2004 reported in a supplementary report as soon as possible. That information should include items P, Q, R, S and X. (c) The master of any ship engaged in or requested to engage in an operation to render assistance or undertake salvage should report, as far as practicable, items A, B, C (or D), E, F, L, M, N, P, Q, R, S, T, U, and X of the standard reporting format. The master should also keep the coastal State informed of developments. (3) Marine pollutants reports \u2014 (a) In the case of actual discharge, primary MP reports should contain items A, B, C, (or D), M, Q, R, S, T, U, and X of the standard reporting format. In the case of probable discharge (see subparagraph (4), item P should also be included. Details for P, Q, R, T and X should be as follows: Details for P (i) correct technical name or names of goods; (ii) UN number or numbers; (iii) IMO hazard class or classes; (iv) names of manufacturers of goods when known, or consignee or consignor; (v) types of packages including identification marks. Specify whether portable tank or tank vehicle, or whether vehicle or freight container or other cargo transport unit containing packages. Include official registration marks and numbers assigned to the unit; and (vi) an estimate of the quantity and likely condition of the goods. Details for Q (i) condition of the ship as relevant; and (ii) ability to transfer\/cargo\/ballast\/fuel. Details for R (i) correct technical name or names of goods; (ii) UN number or numbers; (iii) IMO hazard class or classes; (iv) name of manufacturer of goods when known, or consignee or consignor; (v) types of packages including identification marks. Specify whether portable tank or tank vehicle, or whether vehicle or freight container or other cargo transport unit containing packages. Include official registration marks and numbers assigned to the unit; (vi) an estimate of the quantity and likely condition of the goods; (vii) whether lost goods floated or sank; SECOND SCHEDULE Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SL 10 of 2004 (viii) whether loss is continuing; and (ix) cause of loss. Details for T (i) Name, address, telex and telephone number of the ship\u2019s owner and representative (charterer, manager or operator of the ship or their agent). Details for X (i) action being taken with regard to the discharge and movement of the ship; (ii) assistance or salvage efforts which have been requested or which have been provided by others; and (iii) the master of an assisting or salvaging ship should report the particulars of the action undertaken or planned. (b) After the transmission of the information referred to above in the initial report, as much as possible of the information essential for the protection of the marine environment as is appropriate to the incident should be reported. That information should include items P, Q, R, S and X. (c) The master of any ship engaged in or requested to engage in an operation to render assistance or undertake salvage should report, as far as practicable, items A, B, C (or D), M, P, Q, R, S, T, U, and X of the standard reporting format. The master should also keep the coastal State informed of developments. (4) Probability of discharge \u2014 (a) The probability of a discharge resulting from damage to the ship or its equipment is a reason for making a report. In judging whether there is such a probability and whether the report should be made, the following factors, among others, should be taken into account: \u2014 (i) the nature of the damage, failure or breakdown of the ship, machinery or equipment; and (ii) sea and wind state and also traffic density in the area at the time and place of the incident. (b) It is recognised that it would be impracticable to lay down precise definitions of all types of incidents involving probable discharge which would warrant an obligation to report. Nevertheless, as a general guideline the master of the ship should make reports in cases of: \u2014 (i) damage, failure or breakdown which affects the safety of ships; examples of such incidents are collision, grounding, fire, explosion, structural failure, flooding and cargo shifting; and Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations, 2004 SECOND SCHEDULE SL 10 of 2004 (ii) failure or breakdown of machinery or equipment which results in, impairment of the safety of navigation; examples of such incidents are failure or breakdown of steering gear, propulsion plant, electrical generating system and essential shipborne navigational aids. Made in Cabinet the 6th day of January, 2004. 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DETAILS\n\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\nArrangement of Regulations\n\nc\nSL 10 of 2004\nPage 3\n\nCAYMAN ISLANDS\n\nMerchant Shipping (Marine Pollution) Law\nMERCHANT SHIPPING (MARINE POLLUTION)\n(REPORTING OF INCIDENTS INVOLVING\nHARMFUL SUBSTANCES) REGULATIONS,\n2004\n(SL 10 of 2004)\nArrangement of Regulations\nRegulation\nPage\n1.\nCitation ......................................................................................................................................5\n2.\nInterpretation .............................................................................................................................5\n3.\nApplication .................................................................................................................................5\n4.\nRequirements ............................................................................................................................6\n5.\nRepeal .......................................................................................................................................6\nFIRST SCHEDULE\n7\nGENERAL PRINCIPLES AND GUIDELINES FOR REPORTING FROM SHIPS\n7\nGeneral Principles ...............................................................................................................................7\nGuidelines For Reporting Incidents Involving Dangerous Goods .........................................................9\nGuidelines For Reporting Incidents Involving Harmful Substances and\/or Marine Pollutants ...............9\nSECOND SCHEDULE\n10\nREPORTING PROCEDURES AND GUIDELINES\n10\nProcedures........................................................................................................................................ 10\nStandard Reporting Format and Procedures ..................................................................................... 10\nGuidelines For Detailed Reporting Requirements .............................................................................. 14\n\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\nRegulation 1\n\nc\nSL 10 of 2004\nPage 5\n\nCAYMAN ISLANDS\n\nMerchant Shipping (Marine Pollution) Law\nMERCHANT SHIPPING (MARINE POLLUTION)\n(REPORTING OF INCIDENTS INVOLVING\nHARMFUL SUBSTANCES) REGULATIONS,\n2004\n(SL 10 of 2004)\nThe Governor, in exercise of the powers conferred on him by section 34 of the Merchant\nShipping (Marine Pollution) Law, 2001, makes the following Regulations:\n1.\nCitation\n1.\nThese Regulations may be cited as the Merchant Shipping (Marine Pollution)\n(Reporting of Incidents Involving Harmful Substances) Regulations, 2004.\n2.\nInterpretation\n2.\nIn these Regulations, unless the context otherwise requires, words and expressions\nhave the meanings given in The Merchant Shipping (Marine Pollution) Law, 2001,\nhereinafter referred to as \u201cthe Law\u201d.\n3.\nApplication\n3.\nThese Regulations apply to \u2014\n(a)\nall Cayman Islands ships; and\n(b) all ships operating within Cayman Islands protected waters.\n\nRegulation 4\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\n\nPage 6\nSL 10 of 2004\nc\n\n4.\nRequirements\n4.\nThe systems and requirements for reporting from ships, incidents involving\ndangerous goods, harmful substances and marine pollutants shall be in accordance\nwith the general principles and guidelines set out in the First Schedule and the\nreporting procedures and guidelines set out in the Second Schedule.\n5.\nRepeal\n5.\nThe Merchant Shipping (Reporting of Pollution Incidents) (Cayman Islands)\nRegulations, 1988 are repealed.\n\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\nFIRST SCHEDULE\n\nc\nSL 10 of 2004\nPage 7\n\n FIRST SCHEDULE\nGENERAL PRINCIPLES AND GUIDELINES FOR REPORTING FROM\nSHIPS\nGeneral Principles\n1.\n(1) Ship reporting systems and reporting requirements are used to provide, gather\nor exchange information through radio reports, which information is used to\nprovide data for many purposes including search and rescue, vessel traffic\nservices, weather forecasting and prevention of marine pollution.\n(2) Ship reporting systems and reporting requirements should, as far as\npracticable, comply with the following principles: \u2014\n(a)\nreports should contain only information essential to achieve the\nobjectives of the system;\n(b) reports should be simple and use the standard international ship reporting\nformat and procedures; where language difficulties may exist, the\nlanguages used should include English, using where possible the\nStandard Marine Navigational Vocabulary, or alternatively, the\nInternational Code of Signals. The standard reporting format and\nprocedures to be used are set out in the Second Schedule;\n(c)\nthe number of reports should be kept to a minimum;\n(d) no charge should be made for communication of reports;\n(e)\nsafety or pollution related reports should be made without delay;\nhowever, the time and place of making non-urgent reports should be\nsufficiently flexible to avoid interference with essential navigational\nduties;\n(f)\ninformation obtained from the system should be made available to other\nsystems when required for distress, safety and pollution purposes;\n(g) basic information (ship\u2019sparticulars, on-board facilities and equipment,\netc.) should be reported once, be retained in the system and be updated\nby the ship when changes occur in the basic information reported;\n(h) the purpose of the system should be clearly defined;\n(i)\nthe Director should notify mariners of full details of the requirements to\nbe met and procedures to be followed. Details of types of ships and areas\nof applicability, of times and geographical positions for submitting\nreports, of shore establishments responsible for operation of the system\nand of the services provided should be clearly specified. Chartlets\n\nFIRST SCHEDULE\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\n\nPage 8\nSL 10 of 2004\nc\n\ndepicting boundaries of the system and providing other necessary\ninformation should be made available to mariners;\n(j)\nthe establishment and operation of a ship reporting system should take\ninto account: \u2014\n(i)\ninternational as well as national responsibilities and requirements;\n(ii) the cost to ship operators and responsible authorities;\n(iii) navigational hazards;\n(iv) existing and proposed aids to safety; and\n(v) the need for early and continuing consultation with interested parties\nincluding a sufficient period to allow for trial, familiarisation and\nassessment to ensure satisfactory operation and to allow necessary\nchanges to be made to the system;\n(k) the Director should ensure that shore establishments responsible for\noperation of the system are manned by properly trained persons;\n(l)\nthe Director should consider the interrelationship between ship reporting\nsystems and other systems;\n(m) the ship reporting systems should preferably use a single operating radio\nfrequency; where additional frequencies are necessary, the number of\nfrequencies should be restricted to the minimum required for the\neffective operation of the system;\n(n) information provided by the system to ships should be restricted to that\nnecessary for the proper operation of the system and for safety;\n(o) ship reporting systems and requirements should provide for special\nreports from ships concerning defects or deficiencies with respect to their\nhull, machinery, equipment or manning, or concerning other limitations\nwhich could adversely affect navigation and for special reports\nconcerning incidents of actual or probable marine pollution;\n(p) the Director should issue instructions to the shore establishments\nresponsible for the operation of ship reporting systems to ensure that any\nreports involving pollution, actual or probable, are relayed without delay\nto the officer or agency nominated to receive and process such reports,\nand to ensure that such an officer or agency relays these reports without\ndelay to the flag State of the ship involved and to any other State which\nmay be affected;\n(q) where the Islands are affected or likely to be affected by pollution\nincidents and information relevant to the incident may be required, the\nDirector should take into account the circumstances in which the master\nis placed, and should endeavour to limit requests for additional\ninformation; and\n\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\nFIRST SCHEDULE\n\nc\nSL 10 of 2004\nPage 9\n\n(r)\nthe Second Schedule does not apply to danger messages referred to under\nregulation V\/2 of the Safety Convention. The current practice of\ntransmitting such messages should remain unchanged.\nGuidelines For Reporting Incidents Involving Dangerous Goods\n2.\n(1) The intent of these Guidelines and those contained in the Second Schedule is\nto enable coastal States and other interested parties to be informed without\ndelay when any incident occurs involving the loss, or likely loss, overboard of\npackaged dangerous goods into the sea.\n(2) Reports should be transmitted to the nearest coastal State. When the ship is\nwithin or near an area for which a ship reporting system has been established,\nreports should be transmitted, to the designated shore station of that system.\nGuidelines For Reporting Incidents Involving Harmful Substances and\/or Marine\nPollutants\n3.\n(1) The intent of these Guidelines and those contained in the Second Schedule, is\nto enable coastal States and other interested parties to be informed without\ndelay of any incident giving rise to pollution, or threat of pollution, of the\nmarine environment, as well as of assistance and salvage measures, so that\nappropriate action may be taken.\n(2) In accordance with section 34 of the Law a report shall be made to the nearest\ncoastal State.\n(3) Whenever a ship is engaged in or requested to engage in an operation to render\nassistance to, or undertake salvage of, a ship involved in an incident referred to\nin section 34(2)(a)(i) or (ii) of the Law, the master of the former ship should\nreport, without delay, the particulars of the action undertaken or planned,\nand the coastal States should also be kept informed of developments.\n(4) The probability of a discharge resulting from damage to the ship or its\nequipment is a reason for making a report.\n\nSECOND SCHEDULE\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\n\nPage 10\nSL 10 of 2004\nc\n\nSECOND SCHEDULE\nREPORTING PROCEDURES AND GUIDELINES\nProcedures\n1.\nReports should be sent as follows: \u2014\n(1) Sailing plan (SP) -Before or as near as possible to the time of departure from a\nport within a system or when entering the area covered by a system.\n(2) Position report (PR) -When necessary to ensure effective operation of the\nsystem.\n(3) Deviation report (DR) -When the ship\u2019s position varies significantly from the\nposition that would have been predicted from previous reports, when changing\nthe reported route, or as decided by the master.\n(4) Final report (FR) -On arrival at destination and when leaving the area covered\nby a system.\n(5) Dangerous goods report (DG) -When an incident takes place involving the loss\nor likely loss overboard of packaged dangerous goods, including those in\nfreight containers, portable tanks, road and rail vehicles and shipborne barges,\ninto the sea.\n(6) Harmful substances report (HS) -When an incident takes place involving the\ndischarge or probable discharge of oil or noxious liquid substances in bulk.\n(7) Marine pollutants report (MP) -In the case of loss or likely loss overboard of\nharmful substances in packaged form including those in freight containers,\nportable tanks, road and rail vehicles and shipborne barges, identified in the\nInternational Maritime Dangerous Goods Code as marine pollutants.\n(8) Any other report -Any other report should be made in accordance with\nsubparagraph 1(1)(i) of the First Schedule.\nStandard Reporting Format and Procedures\n2.\n(1) Sections of the ship reporting format which are inappropriate should be\nomitted from the report.\n(2) Where language difficulties may exist, the languages used should include\nEnglish, using where possible the Standard Marine Navigational Vocabulary.\nAlternatively, the International Code of Signals may be used to send detailed\ninformation. When the International Code is used, the appropriate indicator\nshould be inserted in the text, after the alphabetical index.\n(3) For route information, latitude and longitude should be given for each turn\npoint, expressed as in C below, together with type of intended track between\n\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\nSECOND SCHEDULE\n\nc\nSL 10 of 2004\nPage 11\n\nthese points, for example \"RL\" (rhumb line), \"GC\" ((great circle) or \"coastal\",\nor, in the case of coastal sailing, the estimated date and time of passing\nsignificant points expressed by a six-digit group as in B below.\nTELEGRAPHY\nName of System\n(e.g.) AMVER\/\nAUSREP\/\nMAREP\/\nECAREG\/\nJASREP\nTELEPHONE\n(ALTERNATIVE)\nName of System\n(e.g.) AMVER\/\nAUSREP\/\nMAREP\/\nECAREG\/\nJASREP\nState in full\nFUNCTION\nSystem\nIdentifier\nType of report\nINFORMATION\nREQUIRED\nShip reporting system or\nnearest appropriate coast\nradio station\nType of report\nSP\n\nSailing Plan\nPR\n\nPosition Report\nDR\n\nDeviation Report\nFR\n\nFinal Report\nDG\n\nDangerous Goods Report\nHS\n\nHarmful Substances Report\nMP\n\nMarine Pollutants Report\nGive in full\n\nAny other report\nA\nShip (alpha)\nShip\nName, call sign or ship\nstation identity, and flag\nB\nTime (bravo)\nDate and time of\nevent\nA 6 digit group giving day\nof month (first two digits),\nhours and minutes (last four\ndigits). If other than UTC\nstate time zone used\nC\nPosition (charlie)\nPosition\nA 4 digit group giving\nlatitude\nin\ndegrees\nand\nminutes\nsuffixed\nwith\nN(north) and S (south) and a\n5\ndigit\ngroup\ngiving\nlongitude in degrees and\n\nSECOND SCHEDULE\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\n\nPage 12\nSL 10 of 2004\nc\n\nTELEGRAPHY\nName of System\n(e.g.) AMVER\/\nAUSREP\/\nMAREP\/\nECAREG\/\nJASREP\nTELEPHONE\n(ALTERNATIVE)\nName of System\n(e.g.) AMVER\/\nAUSREP\/\nMAREP\/\nECAREG\/\nJASREP\nState in full\nFUNCTION\nSystem\nIdentifier\nType of report\nINFORMATION\nREQUIRED\nShip reporting system or\nnearest appropriate coast\nradio station\nType of report\nminutes suffixed with E\n(east) or W (west); or\nD\nPosition (delta)\nPosition\nTrue bearing (first 3\nE\nCourse (echo)\nTrue course\nA 3 digit group\nF\nSpeed (fox-trot)\nSpeed in knots\nand\ntenths\nof\nknots\nA 3 digit group\nG\nDeparted (golf)\nPort of departure Name of last port of call\nH\nEntry (hotel)\nDate, time and\npoint of entry\ninto system\nEntry time expressed as in\n(B)\nand\nentry\nposition\nexpressed as (C) or (D)\nI\nDestination\nand\nETA (india)\nDestination and\nexpected time of\narrival\nName of port and date time\ngroup expressed as in (B)\nJ\nPilot (juliet)\nPilot\nState whether a deep-sea or\nlocal pilot is on board\nK\nExit (kilo)\nDate, time and\npoint\nof\nexit\nfrom system\nExit time expressed as in (B)\nand exit position expressed\nas in (C) or (D)\nL\nRoute (lima)\nRoute\ninformation\nIntended track\nM\nRadio\ncommunications\n(mike)\nRadio\ncommunications\nState in full names of\nstations\/frequencies guarded\n\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\nSECOND SCHEDULE\n\nc\nSL 10 of 2004\nPage 13\n\nTELEGRAPHY\nName of System\n(e.g.) AMVER\/\nAUSREP\/\nMAREP\/\nECAREG\/\nJASREP\nTELEPHONE\n(ALTERNATIVE)\nName of System\n(e.g.) AMVER\/\nAUSREP\/\nMAREP\/\nECAREG\/\nJASREP\nState in full\nFUNCTION\nSystem\nIdentifier\nType of report\nINFORMATION\nREQUIRED\nShip reporting system or\nnearest appropriate coast\nradio station\nType of report\nN\nNext\nreport\n(November)\nTime\nof\nnext\nreport\nDate time group expressed\nas in (B)\nO\nDraught (Oscar)\nMaximum\npresent\nstatic\ndraught\nin\nmetres\n4-digit group giving metres\nand centimetres\nP\nCargo (papa)\nCargo on board\nCargo and brief details of\nany dangerous cargoes as\nwell as harmful substances\nand\ngases\nthat\ncould\nendanger persons or the\nenvironment (See detailed\nreporting requirements)\nQ\nDefect,\ndamage,\ndeficiency,\nlimitations\n(Quebec)\nDefects\/damage\/\ndeficiencies\/\nother limitations\nBrief details of defects,\ndamage,\ndeficiencies\nor\nother\nlimitations\n(See\ndetailed\nreporting\nrequirements)\nR\nPollution\/danger\nous\ngoods\nlost\noverboard (Romeo)\nDescription\nof\npollution\nor\ndangerous goods\nlost overboard\nBrief details of type of\npollution\n(oil,\nchemicals,\netc.) or dangerous goods lost\noverboard;\nposition\nexpressed as in (C) or (D)\n(See\ndetailed\nreporting\nrequirements)\nS\nWeather (sierra)\nWeather\nconditions\nBrief details of weather and\nsea conditions prevailing\n\nSECOND SCHEDULE\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\n\nPage 14\nSL 10 of 2004\nc\n\nTELEGRAPHY\nName of System\n(e.g.) AMVER\/\nAUSREP\/\nMAREP\/\nECAREG\/\nJASREP\nTELEPHONE\n(ALTERNATIVE)\nName of System\n(e.g.) AMVER\/\nAUSREP\/\nMAREP\/\nECAREG\/\nJASREP\nState in full\nFUNCTION\nSystem\nIdentifier\nType of report\nINFORMATION\nREQUIRED\nShip reporting system or\nnearest appropriate coast\nradio station\nType of report\nT\nAgent (tango)\nShip\u2019s\nrepresentative\nand\/or owner\nDetails\nof\nname\nand\nparticulars\nof\nship\u2019s\nrepresentative or owner or\nboth\nfor\nprovision\nof\ninformation (See detailed\nreporting requirements)\nU\nSize\nand\ntype\n(uniform)\nShip\nsize\nand\ntype\nDetails of length, breadth,\ntonnage, and type, etc., as\nrequired\nV\nMedic (victor)\nMedical\npersonnel\nDoctor,\nphysician\u2019s\nassistant, nurse, personnel\nwithout medical training\nW\nPerson(whiskey)\nTotal number of\npersons on board\nState number\nX\nRemarks (x-ray)\nMiscellaneous\nAny other information -\nincluding\nas\nappropriate,\nbrief details of incident and\nof\nother\nships\ninvolved\neither in incident, assistance\nor salvage (See detailed\nreporting requirements)\n\nGuidelines For Detailed Reporting Requirements\n3.\n(1) Dangerous goods reports (DG)\n(a)\nPrimary reports should contain items A, B, C (or D), M, Q, R, S, T, U, X\nof the standard reporting format; details for R should be as follows: \u2014\n\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\nSECOND SCHEDULE\n\nc\nSL 10 of 2004\nPage 15\n\n(i)\ncorrect technical name or names of goods;\n(ii) UN number or numbers;\n(iii) IMO hazard class or classes;\n(iv) names of manufacturers of goods when known, or consignee or\nconsignor;\n(v) types of packages including identification marks. Specify whether\nportable tank or tank vehicle, or whether vehicle or freight container\nor other cargo transport unit containing packages. Include official\nregistration marks and numbers assigned to the unit;\n(vi) an estimate of the quantity and likely condition of the goods;\n(vii) whether lost goods floated or sank;\n(viii) whether loss is continuing; and\n(ix) cause of loss.\n(b) Where the condition of the ship is such that there is danger of further loss\nof packaged dangerous goods into the sea, items P and Q of the standard\nreporting format should be reported; and details for P should be as\nfollows: \u2014\n(i)\ncorrect technical name or names of goods;\n(ii) UN number or numbers;\n(iii) IMO hazard class or classes;\n(iv) names of manufacturers of goods when known, or consignee or\nconsignor;\n(v) types of packages including identification marks. Specify whether\nportable tank or tank vehicle, or whether vehicle or freight container\nor other cargo transport unit containing packages. Include official\nregistration marks and numbers assigned to the unit; and\n(vi) an estimate of the quantity and likely condition of the goods.\n(c)\nParticulars not immediately available should be inserted in a\nsupplementary message or messages.\n(2) Harmful substances reports (HS)\n(a)\nIn the case of actual discharge, primary HS reports should contain items\nA, B, C (or D), E, F, L, M, N, Q, R, S, T, U, X of the standard reporting\nformat. In the case of probable discharge (see subparagraph (4), item P\nshould also be included. Details for P, Q, R, T and X should be as\nfollows:\nDetails for P\n(i)\ntype of oil or the correct technical name of the noxious liquid\nsubstances on board;\n\nSECOND SCHEDULE\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\n\nPage 16\nSL 10 of 2004\nc\n\n(ii) UN -number or numbers;\n(iii) pollution category (A, B, C or D), for noxious liquid substances;\n(iv) names of manufacturers of substances, where appropriate,\nwhen known, or consignee or consignor; and\n(v) quantity.\nDetails for Q\n(i)\ncondition of the ship as relevant; and\n(ii) ability to transfer cargo\/\u2019ballast\/fuel.\nDetails for R\n(i)\ntype of oil or the correct technical name of the noxious liquid\ndischarged into the sea;\n(ii) UN number or numbers;\n(iii) pollution category (A, B, C or D), for noxious liquid substances;\n(iv) names of manufacturers of substances, where appropriate,\nwhen known, or consignee or consignor;\n(v) an estimate of the quantity of the substances;\n(vi) whether lost substances floated or sank;\n(vii) whether loss is continuing;\n(viii) cause of loss;\n(ix) estimate of the movement of the discharge or lost substances, giving\ncurrent conditions where known; and\n(x) estimate of the surface area of the spill where possible.\nDetails for T\n(i)\nname, address, telex and telephone number of the ship\u2019s owner and\nrepresentative (charterer, manager or operator of the ship or their\nagent).\nDetails for X\n(i)\nactions being taken with regard to the discharge and the movement\nof the ship;\n(ii) assistance or salvage efforts which have been requested or which\nhave been provided by others; and\n(iii) the master of an assisting or salvaging ship should report the\nparticulars of the action undertaken or planned.\n(b) After the transmission of the information referred to above in the initial\nreport, as much as possible of the information essential for the protection\nof the marine environment as is appropriate to the incident should be\n\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\nSECOND SCHEDULE\n\nc\nSL 10 of 2004\nPage 17\n\nreported in a supplementary report as soon as possible. That information\nshould include items P, Q, R, S and X.\n(c)\nThe master of any ship engaged in or requested to engage in an operation\nto render assistance or undertake salvage should report, as far as\npracticable, items A, B, C (or D), E, F, L, M, N, P, Q, R, S, T, U, and X\nof the standard reporting format. The master should also keep the coastal\nState informed of developments.\n(3) Marine pollutants reports \u2014\n(a)\nIn the case of actual discharge, primary MP reports should contain items\nA, B, C, (or D), M, Q, R, S, T, U, and X of the standard reporting format.\nIn the case of probable discharge (see subparagraph (4), item P should\nalso be included. Details for P, Q, R, T and X should be as follows:\nDetails for P\n(i)\ncorrect technical name or names of goods;\n(ii) UN number or numbers;\n(iii) IMO hazard class or classes;\n(iv) names of manufacturers of goods when known, or consignee or\nconsignor;\n(v) types of packages including identification marks. Specify whether\nportable tank or tank vehicle, or whether vehicle or freight container\nor other cargo transport unit containing packages. Include official\nregistration marks and numbers assigned to the unit; and\n(vi) an estimate of the quantity and likely condition of the goods.\nDetails for Q\n(i)\ncondition of the ship as relevant; and\n(ii) ability to transfer\/cargo\/ballast\/fuel.\nDetails for R\n(i)\ncorrect technical name or names of goods;\n(ii) UN number or numbers;\n(iii) IMO hazard class or classes;\n(iv) name of manufacturer of goods when known, or consignee or\nconsignor;\n(v) types of packages including identification marks. Specify whether\nportable tank or tank vehicle, or whether vehicle or freight container\nor other cargo transport unit containing packages. Include official\nregistration marks and numbers assigned to the unit;\n(vi) an estimate of the quantity and likely condition of the goods;\n(vii) whether lost goods floated or sank;\n\nSECOND SCHEDULE\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\n\nPage 18\nSL 10 of 2004\nc\n\n(viii) whether loss is continuing; and\n(ix) cause of loss.\nDetails for T\n(i)\nName, address, telex and telephone number of the ship\u2019s owner and\nrepresentative (charterer, manager or operator of the ship or their\nagent).\nDetails for X\n(i)\naction being taken with regard to the discharge and movement of\nthe ship;\n(ii) assistance or salvage efforts which have been requested or which\nhave been provided by others; and\n(iii) the master of an assisting or salvaging ship should report the\nparticulars of the action undertaken or planned.\n(b) After the transmission of the information referred to above in the initial\nreport, as much as possible of the information essential for the protection\nof the marine environment as is appropriate to the incident should be\nreported. That information should include items P, Q, R, S and X.\n(c)\nThe master of any ship engaged in or requested to engage in an operation\nto render assistance or undertake salvage should report, as far as\npracticable, items A, B, C (or D), M, P, Q, R, S, T, U, and X of the\nstandard reporting format. The master should also keep the coastal State\ninformed of developments.\n(4) Probability of discharge \u2014\n(a)\nThe probability of a discharge resulting from damage to the ship or its\nequipment is a reason for making a report. In judging whether there is\nsuch a probability and whether the report should be made, the following\nfactors, among others, should be taken into account: \u2014\n(i)\nthe nature of the damage, failure or breakdown of the ship,\nmachinery or equipment; and\n(ii) sea and wind state and also traffic density in the area at the time and\nplace of the incident.\n(b) It is recognised that it would be impracticable to lay down precise\ndefinitions of all types of incidents involving probable discharge which\nwould warrant an obligation to report. Nevertheless, as a general\nguideline the master of the ship should make reports in cases of: \u2014\n(i)\ndamage, failure or breakdown which affects the safety of ships;\nexamples of such incidents are collision, grounding, fire, explosion,\nstructural failure, flooding and cargo shifting; and\n\nMerchant Shipping (Marine Pollution) (Reporting of Incidents Involving\nHarmful Substances) Regulations, 2004\nSECOND SCHEDULE\n\nc\nSL 10 of 2004\nPage 19\n\n(ii) failure or breakdown of machinery or equipment which results in,\nimpairment of the safety of navigation; examples of such incidents\nare failure or breakdown of steering gear, propulsion plant,\nelectrical generating system and essential shipborne navigational\naids.\nMade in Cabinet the 6th day of January, 2004.\nMeridith Hew\nActing Clerk of the Cabinet.","akn_extracted_at":"2026-06-22 15:39:05.241756+00","cms_id":"2004-0017","law_type":"subordinate","year":"2004","number":"17","title":"Merchant Shipping (Marine Pollution) (Reporting of Incidents Involving Harmful Substances) Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"4926","expr_id":"121","kind":"akn_xml","filename":"2004-0017_SL 17 of 2004.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2004\/2004-0017\/2004-0017_SL 17 of 2004.akn.xml","content_md5":"96cc0db78ffda41e4ce06cd654028863","byte_size":"28612","http_last_modified":null,"fetched_at":"2026-06-22 15:39:05.411645+00"},{"file_id":"241","expr_id":"121","kind":"pristine_pdf","filename":"2004-0017_SL 17 of 2004.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2004\/2004-0017\/2004-0017_SL 17 of 2004.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2004\/2004-0017\/2004-0017_SL 17 of 2004.pdf","content_md5":"aea45495f062656c6217cc585fd7ea6f","byte_size":"422609","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.213675+00"},{"file_id":"242","expr_id":"121","kind":"working_pdf","filename":"2004-0017_SL 17 of 2004.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2004\/2004-0017\/2004-0017_SL 17 of 2004.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2004\/2004-0017\/2004-0017_SL 17 of 2004.pdf","content_md5":"aea45495f062656c6217cc585fd7ea6f","byte_size":"422609","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.213675+00"}],"paragraph_count":30,"latest_history":null},"quality":{"expr_id":"121","doc_id":"121","quality_state":"needs_review","quality_score":"76","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{title_mismatch,page_header_footer_noise,paragraph_numbering_problem,duplicate_text,commencement_metadata_problem,other}","repair_actions":"{collapse_duplicate_text,manual_review,rebuild_paragraphs,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 4, \"medium\": 2}","finding_summary":"Extraction contains several formatting and metadata inconsistencies; review recommended before final use.","assessed_at":"2026-06-22 15:29:45.829996+00","updated_at":"2026-06-22 15:29:45.829996+00"}}