S.L. 234.32 Art. 7Inspection, detentionandother measuresinrespect of ships.

(1) The Registrar-General, or an appropriate inspector, may inspect any ship to which these regulations apply and if satisfied that the ship is not in compliance with the provisions of these regulations and the applicable requirements of the MARPOL

Convention or Protocol I or Annex I or Annex II or Annex III or Annex VI, the Registrar-General shall take such steps as are considered necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment and any expenses incurred therefor shall be a charge on the ship, so however that the ship shall not be unduly detained or delayed:

Provided that the Registrar-General may permit the ship to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available: Provided further that, in the case of a non-Maltese ship, such inspection shall be limited to verifying that there is on board in relation to such ship a valid International Oil Pollution Prevention Certificate in the form prescribed by Annex I and an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk in the form prescribed by Annex II and the documentation prescribed by Annex III and an International Air Pollution Prevention Certificate in the form prescribed by Annex VI, as the case may be, unless there are clear grounds for believing that the condition of the ship or its equipment or its cargo does not correspond substantially with the particulars of that certificate or documentation.

(2) In the case of a non-Maltese ship, if the Registrar-General takes such steps as specified in subregulation (1), the Registrar-General shall forthwith notify the maritime Administration and the nearest maritime, consular or diplomatic representative of the flag State of the ship.

(3) Upon receiving evidence that a ship to which these regulations apply has discharged oil or an oily mixture or noxious liquid substances or unassessed liquid substances carried in bulk or a mixture containing such substances or has jettisoned any harmful substances or has emitted any substance in violation of the provisions of these regulations and of the MARPOL Convention or Annex I or Annex II or Annex III or Annex VI, the Registrar-General shall investigate the matter and may inspect the ship or cause the ship to be inspected by an appropriate inspector or by any other person duly authorised by the Registrar-General, and shall inform the State which has reported the alleged violation as well as the International Maritime Organization of the action taken: Provided that, if the investigation establishes a violation of these regulations or of the MARPOL Convention or Annex I or Annex II or Annex III or Annex VI, the owner or the company which has assumed the operation of the ship and the master or any other officer or member of the crew of the ship shall, on conviction, be liable to a fine (multa) as provided for in regulation 12: Provided further that, in the case of a non-Maltese ship, if the investigation indicates a violation of these regulations or of the MARPOL Convention or Annex I or Annex II or Annex III or Annex VI, the Registrar-General shall provide the flag State of the ship with the report of such investigation and with evidence, if any, of such violation.

(4) For the purposes of this regulation, the provisions of article 154(2) and (3) of the Act shall apply mutatis mutandis to the Registrar-General and to appropriate inspectors.