| (1) | Subject to subregulation (7), a ship-to-ship transfer operator may not undertake ship-to-ship transfer without an STS environmental management plan that has been— |
| (a) | developed by an independent specialist; |
| (b) | an approved by the Minister. |
| (2) | An STS environmental management plan must include the following: |
| (a) | identification of all site-specific environmental and ecological risks; |
| (b) | an operational ocean forecast which must be undertaken as part of the risk assessment in paragraph (a) to model any potential spill and inform the response to such an incident within the specific area of operation; |
| (c) | environmental management and mitigation measures to avoid or minimise the identified risks; |
| (d) | an outline of the key role-players responsible for the implementation of measures identified in paragraph (c); |
| (e) | incorporate a wildlife preparedness and response strategy based on the International Petroleum Industry Environmental Conservation Association's (IPIECA) guidelines and a wildlife response program to be implemented by a reputable and experienced organisation; |
| (f) | a contingency plan that incorporates a wildlife contingency plan which includes— |
| (i) | a risk assessment which determines the risk of a spill and the expected consequences; |
| (ii) | a strategic plan defining roles and responsibilities and a summary of the spill response policies, techniques and priorities for response; |
| (iii) | operational protocols which establish procedures to be followed when a spill occurs; and |
| (iv) | an information directory collating supporting data, including contact details of relevant authorities, inventory of response equipment, list of priority areas for protection, as well as storage and disposal sites; |
| (g) | an underwater noise mitigation and management plan that includes the following: |
| (i) | a range of noise reduction and mitigation options; |
| (ii) | best practices for noise mitigation; and |
| (iii) | operating procedures for the mitigation of both acute and chronic noise-generating activities for ship-to-ship transfer; |
| (h) | details of the spill response vessels and role players on site or within proximity; |
| (i) | an emergency response procedure for the reporting and management of collisions with, and entanglements of, marine mammals, turtles or seabirds including relevant contact details; |
| (j) | a monitoring programme, including methods, to— |
| (i) | measure parameters including surface currents, spills and noise; |
| (ii) | assess the impact of the operations on benthic and other fauna including oiled or injured seabirds; and |
| (iii) | monitor the effectiveness of the STS environmental management plan; |
| (k) | a nighttime spill detection and recovery plan where operations are to take place between the hours of sunset and sunrise; and |
| (l) | the location of the storage of any data collected, including data collected from the hydrophone and the time period for which the data will be stored. |
| (a) | approve the STS environmental management plan, which may include conditions; |
| (b) | refer the STS environmental management plan back to the ship-to-ship transfer operator for review which may contain proposed amendments; or |
| (c) | reject the STS environmental management plan, |
within 90 days of receipt of the STS environmental management plan inclusive of all relevant information.
| (4) | A ship-to-ship transfer operator must submit any data, results and information obtained from implementing an STS environmental management plan approved in terms of subregulation (3) to the Department quarterly or as otherwise instructed by the Minister. |
| (5) | A ship-to-ship transfer operator must appoint an independent specialist to monitor compliance with the approved STS environmental management plan. |
| (6) | The independent specialist referred to in subregulation (5) must submit a written report about the STS operation and its compliance with the STS environmental management plan to the Minister quarterly. |
| (7) | Despite subregulation (1), a ship-to-ship transfer operator authorised to undertake ship-to-ship transfer when these regulations commence must submit an STS environmental management plan contemplated in subregulation (1) within six months of the date of commencement of these Regulations. |
| (8) | The Minister may require a ship-to-ship transfer operator to review an approved STS environmental management plan when necessary. |
