National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Regulations

Environmental Management of Ship-to-Ship Transfer, 2025

Chapter 1 - Definition and Scope

1. Definitions
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In these Regulations, any word or expression to which a meaning has been assigned in the Act has the meaning so assigned, and unless the context indicates otherwise—

 

"aquaculture development zone"

means sea space set aside for dedicated aquaculture use in terms of—

(a)an environmental authorisation;
(b)an environmental management instrument as defined in section 1 of the National Environmental Management Act; or

(c)        a designation by the Minister responsible for aquaculture;

 

"bunkering"

means the supply of fuel to a vessel at sea outside an operational harbour area;

 

"harbour"

means a port or harbour proclaimed in terms of any law and managed by an organ of state;

 

"independent specialist"

means that—

(a)the person possesses knowledge and skills in the subject matter detailed in regulation 7(1) or 8;
(b)the person has no conflict of interest including a business, financial, personal or other interest relating to ship-to-ship transfer; and
(c)there are no circumstances that may compromise the objectivity of that person in performing their work;

 

"management authority"

has the meaning assigned to it in terms of section 1 of the Protected Areas Act;

 

"marine protected area"

has the meaning assigned to it in terms of section 1 of the Protected Areas Act;

 

"National Oil Spill Contingency Plan"

is an oil spill response and removal plan prepared by the Department of Transport that addresses controlling, containing, and recovering oil in the event of an oil spill;

 

"operational harbour area"

means the area within the boundaries of the breakwaters of a harbour that has been physically modified from its original natural state;

 

"ship-to-ship transfer" or "STS"

means the transfer at sea of liquid bulk cargo, including chemicals, oil, petroleum products, liquified petroleum gas or liquified natural gas from one vessel to another outside an operational harbour area and includes bunkering;

 

"ship-to-ship transfer operator"

means the holder of an approval granted by the South African Maritime Safety Authority to undertake STS and any other authorisation required under any other law for STS;

 

"ship-to-ship transfer tanker"

means a vessel that supplies fuel or liquid bulk cargo to other vessels;

 

"specific environmental  management Act"

has the meaning assigned to it in the National Environmental Management Act;

 

"STS environmental management plan"

means a plan referred to in regulation 8;

 

"the Act"

means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008); and

 

"these Regulations"

means the Regulations for the environmental management of offshore ship-to-ship transfer .