New ballast water regulations in Australia
New ballast water regulations in Australia
THE Australian Quarantine and Inspection Service has introduced new ballast water management procedures. This results from Australia having adopted the 1997 IMO Revised International Guidelines for Minimising the Risk of Introduction of Unwanted Aquatic Organisms and Pathogens from Ship's Ballast Water and Sediment Discharges.
The new guidelines are similar to both the previous Australian and IMO guidelines but provide more detail in respect of the responsibilities to be borne by both the vessels and the port state authorities. They also include a standardised ballast water reporting form to be used by international shipping. (Patrick Sleigh)
New arbitration clause from BIMCO
SPURRED primarily by the coming into force of the English Arbitration Act 1996, BIMCO, in co-operation with the London Maritime Arbitrators Association, has produced an updated standard law and arbitration clause providing for arbitration in London under English law.
The revised clause takes full advantage of the non-mandatory provisions of the 1996 act, which allows parties to agree more tightly controlled appointment procedures, thus minimising the possibility of delaying tactics being employed by one side.
New Venezuela arbitration law
A NEW commercial arbitration law has been enacted in Venezuela. The new legislation will allow parties to submit their disputes to a fully autonomous arbitration court. Decisions are enforceable by law in the event that the losing party does not comply with the award.
Experience with maritime disputes in Venezuela suggests that shipping interests should welcome this development. Cargo interests have traditionally taken advantage of Venezuela's outdated legislation to delay the release of arrested vessels, and have furthermore been reluctant to accept foreign arbitration on the grounds of unfamiliarity and cost. It is hoped that the use of local arbitration may speed up the settlement of cargo claims, while keeping costs down. (Sabatino Pizzolante)
Jones Act developments
US SENATOR John Breaux of Louisiana has put forward legislation to allow foreign-built passenger vessels to operate in the coastwise trades. The bill, S 2290, would specify that foreign-built vessels may operate in the coastwise cruise trades if the proposed service doesn't compete with an already existing US cruise operation. In addition, foreign-built cruise vessels would not be allowed to operate between or along the islands of Hawaii. The bill has been referred to the senate commerce, science and transportation committee for action.
Meanwhile, legislation has been introduced to exempt non-containerised agricultural and bulk cargoes from the US-build requirements of the Jones Act. The bill, HR 4236, has been referred for action to the house committees on national security and transportation and infrastructure. (Eckert Seamans Cherin & Mellott)
CLC in force in Singapore
CERTIFICATION requirements demanded by port authorities in Singapore have changed now that CLC 92 has come into force in that country. The requirements vary depending on the place of registration of the ship.
The Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act 1998, giving effect to CLC 92, came into force in Singapore on September 18.
The Maritime and Ports Authority of Singapore (MPA) will accept a CLC 92 certificate from vessels which are registered in a CLC 92 contracting state if the certificate was issued or certified by the appropriate authority of that contracting state.
It will also accept a CLC 92 certificate from a ship registered in a non-contracting state if the certificate was issued or certified by the appropriate authority for any contracting state. A CLC 92 certificate for a Singapore-registered vessel, meanwhile, is only acceptable if it has been issued by the MPA. (London P&I Club)