Sample form and Key maps - Oil Pollution - Microsoft Word

Chapter 8 Oil Pollution

IX. Sample form and Key maps

A. Report form for oil pollution B. Disastrous oil pollution response plan C. Oil pollution response plan (Malacca Straits)

Notes:

In the event of an oil pollution incident in Malacca Straits, the relevant authorities take the initiative to effect oil cleaning and prevention measures in liaison with the vessel, her P&I club and the local P&I correspondents.

Please also note the following;

Singapore: The Maritime and Port Authority take charge of the pollution incident.

Malaysia: While the Marine Department is in charge of maritime affairs, pollution incidents are controlled by the Department of Environment.

Indonesia: The Navy, local police and local governments take the initiative.

Thailand: All cleaning and prevention measures are to be effected exclusively by the Royal Thai Navy without any intervention of third parties.

-98

-Oil Pollution

REPORT FORM FOR OIL POLLUTION

Ship's Name・Registry Kind of Ship・Gross ton Owner's name・Contact Details Agent・Contact Details Accident Date

Accident Place Landmark Bearing・Distance

Position N or S E or W Pressing Matters（Life・Hull）

Draft

Departed port・Destination

The cause of Oil pollution Collision・Ground・Over Flow of bunker

Is the oil overboard ? Yes・No Continue？ Yes ・ No The progress of the accident

Kind of the oil（Fuel・Cargo）

Quantity of the overboarded oil Where is the outflow of oil The outflow rate

（Dimension of the bore）

Kind of the cargo and

on-hand quantity before accident

Kind of the fuel and

on-hand quantity before accident

The conditions Condition of weather / sea

Wind force・

direction

Wave Swell Length of oil slick

Width of oil slick Direction Strength of oil slick

Tide The surroundings

（Fishing facility of lee side）

The taken action on the accident

Do you need an assistance ? Yes・No

Others Did you report to Coast Gard ? Shipper Charterer

Cargo underwiter

Hull underwiter

Oil Pollution

DISASTROUS OIL POLLUTION RESPONSE PLAN

Report

Report Report Request for Oil ResponseOil Response Request for Salvage Report CommunicateReport CommunicateInvestigation Communicate

Regional J.C.G. Headquarters

Local Authority Japanese Shipowners Ass. Repair Contractor

Crew’s relative Media Principal (Headquarters for the Incident) ReportContract Request for class examinationExamination

P & ICLUB

Hull Underwriter

Terminal

Charterer

Agent Investigation

Instruction

SalvorRescueTowing

Maritime Disaster Prevention Centre

Instruction

Japan Coast Guard (J.C.G.)

Instruction

Government (Control Centre) Investigation Request for rescue Request for SalvageContract Vessel Examination Class Repair Communicate

Key Map

-100

-Oil Pollution Ship Salvors

ITOPF Medical Cleaning Contractors Supporting CraftLand SurveyOil Spill Response Center

Club Owners /Agent SPICA(Singapore) Control Center Pollution Monitoring Air Survey

Consultants

MPA

Indonesian Authority SPICA Indonesia Malaysian Authority SPICA Shah Alam Johor Marine Dept. Johor Dept. of Environment Johor Fishery Malaysia Oil Spill Response Center

OIL POLLUTION RESPONSE PLAN

Key Map (Malacca Straits)

Appendix

1.MASTER'S CHECK LIST

2.LOI Sample Forms (AA, BB, CC)

(Cargo delivery without production of B/L)

-102

-Appendix

MASTER’S CHECK LIST

Masters are required to inspect the ship before commencement of the voyage or entering the port or in case of necessity, in accordance with the following check list and take corrective actions if necessary to improve the state of the ship for the purpose of the safety of the voyage.

1. DOCUMENTS AND COMMUNICATIONS

1. Are standing instructions, procedure manuals for accidents, regulations, plans, certificates, sailing instructions, company code and such available?

2. Are sufficient communications exchanged in time between the company and the Master?

3. Was the necessary information made known to all crew?

4. Were the points to be paid attention to next voyage or cargo works in case of entering the port made known to all crew?

2. BRIDGE AND RADIO OFFICE

1. Are navigational equipments such as radars, GPS, echo-sounder, gyro/magnetic compass, steering gear and such in full working order?

2. Are navigation and bridge organization manuals available?

3. Is compass error constantly checked and recorded, and is deviation table posted?

4. Are standing orders and night orders clearly defined?

5. Are charts and other nautical publications updated with the latest Notice to Mariners or other media?

6. Are all charts in use appropriate for the area?

7. Are VHF, weather facsimile and radio apparatus in full working order?

Appendix 3. ENGINE ROOM AND STEERING GEAR

1. Are main engine and all auxiliary machinery in full working order?

2. Are engine room emergency shut-off devices and alarm systems operational and clearly marked?

3. Are condition of emergency generator and batteries satisfactory?

4. Is emergency steering system tested regularly?

5. Are spare parts sufficiently supplied?

4. LIFE-SAVING AND FIRE-FIGHTING

1. Are life boats, life rafts and other life-saving equipments maintained in good condition?

2. Are fire pumps, emergency fire pump, fire detector and CO₂ fire extinguishing system ready to use?

3. Are portable fire extinguishers in a term of validity?

4. Are fire hoses / nozzles / lines and CO₂ lines maintained in good condition?

5. Are fireman’s outfits, emergency doors and FO tanks shut-off device ready to use?

6. Are lifeboat drill including engine test and fire drill held regularly?

7. Are all the crew familiar with their own duties in case of emergency?

-104

-Appendix

5. MOORING EQUIPMENT

1. Are windlasses, anchors and cables in good condition?

2. Are mooring winches, ropes (including messenger and stopper rope), wires, fairleaders and rollers in good condition?

3. Are steam / hydraulic pipes connecting to windlasses or mooring winches in good condition?

4. Are spare mooring ropes and wires available?

6. CARGO GEARS

1. Is safe working load clearly marked on all equipment?

2. Are necessary certificates available?

3. Are wires in good condition?

4. Are interconnection valves between tanks or between pipe lines properly maintained?

5. Are cargo pumps, crude oil washing machine and inert gas system in good condition?

6. Are pressure / vacuum valves, hydraulic valves and sounding system of tanker in good condition?

7. Are container lashing gears correctly supplied and maintained?

Appendix 7. OIL POLLUTION

1. Are written procedures for loading and discharging cargo oil and loading bunker oil provided?

2. Is there a contingency plan to limit pollution effects?

3. Are suitable spill containers available around the vents of fuel / diesel oil tanks?

4. Can all scuppers be plugged effectively?

5. Are hydraulic lines and machinery free of oil leakage?

6. Is the vessel ready for dealing with small oil spill?

7. Is engine room bilge separator in good condition?

8. Are oil record books updated, and signed properly?

8. SEAWORTHINESS

1. Are cargo hatch covers and accessories maintained satisfactorily, and is water-tightness secured?

2. Are other deck openings water-tight and properly protected?

3. Are cargo holds / tanks (including connecting lines) maintained and cleaned satisfactorily?

(shell plate, frame, bulkhead, tanktop, sounding pipe, coating, ladder, bilge, heating pipe, etc.)

4. Are ballast tanks maintained satisfactorily?

5. Is cargo hold refrigerating system in full working condition?

6. Is proper GM maintained through the voyage?

7. Is special attention paid to loading, stowing and securing of cargo in order to prevent shifting or collapse of cargo which directly affect the stability of the ship?

-106

-Appendix

8. Is enough bunker possessed for the voyage?

9. GENERAL SAFETY

1. Are fire control plan, safety signs and other cautions prominently displayed?

2. Are dangerous projections marked with precautionary paint?

3. Are safety suits, helmets, shoes, eye protectors, safety torches, safety instruments, oxygen meters and such supplied sufficiently?

4. Is lighting adequate and its wiring in good condition?

5. Are decks and gangway free from slippery substances?

6. Is safety net rigged properly on gangway?

7. With respect to safety checking of working place before commencement of work;

a) Are a look-out man and life buoy arranged during work outside the bulwark?

b) Are plates and ropes of boatswain’s chair, etc in good condition?

c) Are safety belts in good condition?

d) Are tank / void entry procedures laid down?

Appendix Form AA

STANDARD FORM LETTER OF INDEMNITY TO BE GIVEN IN RETURN FOR DELIVERING CARGO WITHOUT PRODUCTION OF THE ORIGINAL BILL OF LADING INCORPORATING A BANK’S AGREEMENT TO JOIN IN THE LETTER OF INDEMNITY

[insert date] To : [insert name of Owners]

The Owners of the [insert name of ship] [insert address]

Dear Sirs

Ship: [insert name of ship]

Voyage: [insert load and discharge ports as stated in the bill of lading] Cargo: [insert description of cargo]

Bill of lading: [insert identification numbers, date and place of issue]

The above cargo was shipped on the above ship by [insert name of shipper] and consigned to [insertname of consignee or party to whose order the bill of lading is made out, as appropriate] for delivery at the port of [insert name of discharge port stated in the bill of lading] but the bill of lading has not arrived and we, [insert name of party requesting delivery], hereby request you to deliver the said cargo to [insert name of party to whom delivery is to be made] at [insert place where delivery is to be made] without production of the original bill of lading.

In consideration of your complying with our above request, we hereby agree as follows :-

1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of delivering the cargo in accordance with our request.

2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the delivery of the cargo as aforesaid, to provide you or them on demand with sufficient funds to defend the same.

-108

-Appendix

3. If, in connection with the delivery of the cargo as aforesaid, the ship, or any other ship or property in the same or associated ownership, management or control, should be arrested or detained or should the arrest or detention thereof be threatened, or should there be any interference in the use or trading of the vessel (whether by virtue of a caveat being entered on the ship’s registry or otherwise howsoever), to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such ship or property or to remove such interference and to indemnify you in respect of any liability, loss, damage or expense caused by such arrest or detention or threatened arrest or detention or such interference, whether or not such arrest or detention or threatened arrest or detention or such interference may be justified.

4. If the place at which we have asked you to make delivery is a bulk liquid or gas terminal or facility, or another ship, lighter or barge, then delivery to such terminal, facility, ship, lighter or barge shall be deemed to be delivery to the party to whom we have requested you to make such delivery.

5. As soon as all original bills of lading for the above cargo shall have come into our possession, to deliver the same to you, or otherwise to cause all original bills of lading to be delivered to you, whereupon our liability hereunder shall cease.

6. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity.

7. This indemnity shall be governed by and construed in accordance with [English law] and each and every person liable under this indemnity shall at your request submit to the jurisdiction of [the High Court of Justice of England].

Yours faithfully For and on behalf of [insert name of Requestor] The Requestor

………

Signature

We, [insert name of the Bank], hereby agree to join in this Indemnity providing always that the Bank’s liability:-

Appendix 1. shall be restricted to payment of specified sums of money demanded in relation

to the Indemnity (and shall not extend to the provision of bail or other security)

2. shall be to make payment to you forthwith on your written demand in the form of a signed letter certifying that the amount demanded is a sum due to be paid to you under the terms of the Indemnity and has not been paid to you by the Requestor or is a sum which represents monetary compensation due to you in respect of the failure by the Requestor to fulfil its obligations to you under the Indemnity. For the avoidance of doubt the Bank hereby confirms that:-

(a) such compensation shall include, but not be limited to, payment of any amount up to the amount stated in proviso 3 below in order to enable you to arrange the provision of security to release the ship (or any other ship in the same or associated ownership, management or control) from arrest or to prevent any such arrest or to prevent any interference in the use or trading of the ship, or other ship as aforesaid, and

(b) in the event that the amount of compensation so paid is less than the amount stated in proviso 3 below, the liability of the Bank hereunder shall continue but shall be reduced by the amount of compensation paid.

3. shall be limited to a sum or sums not exceeding in aggregate [insert currency and amount in figures and words]

4. subject to proviso 5 below, shall terminate on [date six years from the date of the Indemnity (the ‘Termination Date’)], except in respect of any demands for payment received by the Bank hereunder at the address indicated below on or before that date.

5. shall be extended at your request from time to time for a period of two calendar years at a time provided that:-

a) the Bank shall receive a written notice signed by you and stating that the Indemnity is required by you to remain in force for a further period of two years, and

b) such notice is received by the Bank at the address indicated below on or before the then current Termination Date.

Any such extension shall be for a period of two years from the then current Termination Date and, should the Bank for any reason be unwilling to extend

-110

-Appendix

the Termination Date, the Bank shall discharge its liability by the payment to you of the maximum sum payable hereunder (or such lesser sum as you may require).

However, in the event of the Bank receiving a written notice signed by you, on or before the then current Termination Date, stating that legal proceedings have been commenced against you as a result of your having delivered the said cargo as specified in the Indemnity, the Bank agrees that its liability hereunder will not terminate until receipt by the Bank of your signed written notice stating that all legal proceedings have been concluded and that any sum or sums payable to you by the Requestor and/or the Bank in connection therewith have been paid and received in full and final settlement of all liabilities arising under the Indemnity.

6. shall be governed by and construed in accordance with the law governing the Indemnity and the Bank agrees to submit to the jurisdiction of the court stated within the Indemnity.

It should be understood that, where appropriate, the Bank will only produce and deliver to you all original bills of lading should the same come into the Bank’s possession, but the Bank agrees that, in that event, it shall do so.

The Bank agrees to promptly notify you in the event of any change in the full details of the office to which any demand or notice is to be addressed and which is stated below and it is agreed that you shall also promptly notify the Bank in the event of any change in your address as stated above.

Please quote the Bank’s Indemnity Ref ……… in all correspondence with the Bank and any demands for payment and notices hereunder.

Yours faithfully For and on behalf of [insert name of bank]

[insert full details of the office to which any demand or notice is to be addressed]

……….

Signature

Appendix Form BB

STANDARD FORM LETTER OF INDEMNITY TO BE GIVEN IN RETURN FOR DELIVERING CARGO AT A PORT OTHER THAN THAT STATED IN THE BILL OF LADING INCORPORATING A BANK’S AGREEMENT TO JOIN IN THE LETTER OF INDEMNITY

[insert date] To : [insert name of Owners]

The Owners of the [insert name of ship] [insert address]

Dear Sirs

Ship: [insert name of ship]

Voyage: [insert load and discharge ports as stated in the bill of lading] Cargo: [insert description of cargo]

Bill of lading: [insert identification number, date and place of issue]

The above cargo was shipped on the above ship by [insert name of shipper] and consigned to [insertname of consignee or party to whose order the bill of lading is made out, as appropriate] for delivery at the port of [insert name of discharge port stated in the bill of lading] but we, [insert name of party requesting substituted delivery], hereby request you to order the ship to proceed to and deliver the said cargo at [insert name ofsubstitute port or place of delivery] against production of at least one original bill of lading.

In consideration of your complying with our above request, we hereby agree as follows :-

1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of the ship proceeding and giving delivery of the cargo against production of at least one original bill of lading in accordance with our request.

-112

-Appendix

2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the ship proceeding and giving delivery of the cargo as aforesaid, to provide you or them on demand with sufficient funds to defend the same.

4. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity.

5. This indemnity shall be governed by and construed in accordance with [English law] and each and every person liable under this indemnity shall at your request submit to the jurisdiction of [the High Court of Justice of England].

Yours faithfully For and on behalf of [insert name of Requestor] The Requestor

………

Signature

We, [insert name of the Bank], hereby agree to join in this Indemnity providing always that the Bank’s liability:-

1. shall be restricted to payment of specified sums of money demanded in relation to the Indemnity (and shall not extend to the provision of bail or other security)

Appendix 2. shall be to make payment to you forthwith on your written demand in the form

of a signed letter certifying that the amount demanded is a sum due to be paid to you under the terms of the Indemnity and has not been paid to you by the Requestor or is a sum which represents monetary compensation due to you in respect of the failure by the Requestor to fulfil its obligations to you under the Indemnity. For the avoidance of doubt the Bank hereby confirms that:-

3. shall be limited to a sum or sums not exceeding in aggregate [insert currency and amount in figures and words]

5. shall be extended at your request from time to time for a period of two calendar years at a time provided that:-

a) the Bank shall receive a written notice signed by you and stating that the Indemnity is required by you to remain in force for a further period of two years, and

b) such notice is received by the Bank at the address indicated below on or before the then current Termination Date.

-114

-Appendix

Any such extension shall be for a period of two years from the then current Termination Date and, should the Bank for any reason be unwilling to extend the Termination Date, the Bank shall discharge its liability by the payment to you of the maximum sum payable hereunder (or such lesser sum as you may require).

6. shall be governed by and construed in accordance with the law governing the Indemnity and the Bank agrees to submit to the jurisdiction of the court stated within the Indemnity.

Please quote the Bank’s Indemnity Ref ……… in all correspondence with the Bank and any demands for payment and notices hereunder.

Yours faithfully For and on behalf of [insert name of bank]

[insert full details of the office to which any demand or notice is to be addressed]

……….

Signature

ドキュメント内 Microsoft Word - 目次_和.doc (ページ 98-200)