S.L. 499.34 Art. 12Measures to be taken in the event of exceptionally bad weather or sea conditions. S.L. 499.12

(1) This regulation applies whenever the Authority is of the opinion, based on the sea state and weather forecast information provided to it by a meteorological office, that there is -

(a) a serious threat of pollution in Maltese waters or the shipping zones or coastal areas of any other member state; or

(b) a risk to human life or property, as a result of exceptionally bad weather or sea conditions.

(2) Whenever possible, the Authority shall provide to the master of every ship which intends to enter or leave a port in a relevant area, full details of -

(a) the weather and sea conditions; and

(b) the danger such weather and sea conditions may cause to -

(i) the ship, or

(ii) to any persons or cargo on board the ship.

(3) Without prejudice to any such measures to be taken to give assistance to ships in difficulty, the Authority may take such measures as it considers appropriate in all the circumstances until it considers that there no longer exists such a serious threat of pollution or a risk to human life or property as described in sub-regulation (1).

(4) Without prejudice to the generality of sub-regulation (3), the measures which the Authority may take, include a recommendation or a prohibition described in sub-regulation (5) to a ship in, or about to enter or leave, the port, anchorage or territorial waters.

(5) The recommendation or the prohibition referred to in sub-regulation (4) is -

(a) a recommendation for such ship -

(i) to enter or leave a port, anchorage or any other sheltered area; or

(ii) not to enter or leave a port or anchorage;

(b) a prohibition for such ship -

(i) to enter or leave a port or anchorage; or

(ii) to carry out bunkering or any other operations; or

(iii) not to carry out bunkering or any other operations.

until the Authority is of the opinion that there is no longer a serious threat of pollution or a risk to human life or property as described in sub-regulation (1).

(6) All bunkering operations shall be carried out in compliance with the Dangerous Cargo Ships, Marine Terminals and Facilities and Bunkering Regulations.

(7) A recommendation or a prohibition given pursuant to this regulation -

(a) shall be given to the master of such ship by the quickest means available; and

(b) if not given in writing, shall be confirmed in writing as soon as is reasonably practical.

(8) Where the Authority takes any measures pursuant to sub-regulation (3), including the giving of a recommendation or a prohibition pursuant to this regulation, the master of the ship in question shall immediately inform the owner of that ship by the quickest means available of the measures, the recommendation, the prohibition or the opinion, as the case may be.

(9) If, as a result of the exercise of his professional judgement, the master decides not to act in accordance with -

(a) any measures taken pursuant to sub-regulation (3); or

(b) a recommendation or a prohibition given pursuant to this regulation, the master shall inform the Authority of the reasons for not so acting.

(10) In this regulation -

(a) "relevant area" means an area in Maltese waters affected by exceptionally bad weather or sea conditions;

(b) "professional judgement" means professional judgement as regards matters relating to safe navigation, safety of life or the protection of the marine environment.