IMSML Website Article 20/2025: MSN 03/2024 - AMENDMENT TO REQUIREMENT OF MARINE RISK ASSESSMENT (MRA) FOR SHIPS ACTIVITIES IN MALAYSIAN WATERS

This Malaysian Shipping Notice was issued and comes into effect on 8 January 2024. It revokes the previous notice MSN 02/2019. MSN 03/2024 gives notice that the Director of Marine is empowered to impose the requirement to carry out marine risk assessment under the Merchant Shipping Ordinance 1952, Section 49B(1), see Paragraph 1. An application for Notification of Marine Activities shall be submitted to the Director of Marine, accompanied by the relevant complete documentation, see Paragraph 2.

Paragraph 3 lists the following activities as being subjected to a Marine Risk Assessment:

[1] Mining, including oil and gas exploration and exploitation;

[2] Laying of pipes and cable;

[3] Construction work for new ports, wharves and jetties within the main navigation channel;

[4] Liquid bulk cargo ship to ship activity;

[5] Any other activity as determined by the Director of Marine. This is not limited to:

[a] The lay-up area beyond port limits;

[b] De-commissioning of submarine cable and pipelines.

The latest amended procedures for applications relating to operational permissions for marine risk assessments in Malaysian waters can be found in Appendix 1, see Paragraph 4. The original document is written in Bahasa Malaysia. In this short article, the author will provide a summary of the content in English.

The main aim of making a risk assessment application  (together with the accompanying documents) is to enable the Marine Department to review the marine activities well in advance, see Paragraph 2.1. The application has to be in the required format as stipulated in Paragraph 2.2, including:

[1] A description of the marine activity written on the company’s formal letter;

[2] Applications for berthing outside the limits of the ports or ship-to-ship transfer activity have to follow the relevant guidelines;

[3] Company registration documents, company profile and its background information, organizational chart, and list of employees;

[4] A copy of any approvals from the relevant regulatory agencies;

[5] Documents stipulating the scope of the marine works; area of operations and time of operations;

[6] Stipulation whether the work is carried within port limits or outside the port’s administrative area;

[7] Whether the area is a berthing area, dumping ground, prohibited area (eg ammunition disposal area), and any area marked in the navigation charts;

[8] Safety assessment taking into account vessel traffic, fishing activities and fish cages, including lighthouses and buoys;

[9] The presence of shipwrecks, undersea cables and pipes;

[10] Whether the area is a marine protected area, designated tourism area, or the presence of protected coral reefs.

The evaluation of the application can be made via a discussion session, or meeting, whichever is suitable for the particular evaluation process, see Paragraph 2.3. The applicant shall be informed of the deliberations and decisions within 14 working days via an official letter, see Paragraph 2.3.

Is a physical inspection of the vessel necessary? Only if deemed necessary in accordance with the APCIS system, also known as the Memorandum of Understanding on Port State Control in the Asia-Pacific Region, see Paragraph 5.1.

When can the port-state inspection be carried out? At any time, see Paragraph 5.2.

What happens is the ship fails the inspection? If there is a critical / major deficiency, this could cause the marine activities / operations to be suspended, or terminated, see Paragraph 5.2.

Why is the marine risk assessment necessary? According to Paragraph 6.1, it takes into account the rapid development in the maritime sector, for example:

[1] Port extension;

[2] Oil and gas exploration and exploitation;

[3] Increase in marine activity involving ships.

Who is being protected by this risk assessment process? Paragraph 6.2 identifies the following:

[1] Villages by the sea;

[2] Sensitive environmental areas;

[3] Navigational routes;

[4] Historical areas and/or culturally significant areas;

[5] Protected marine parks;

[6] Traditional fishing grounds;

[7] Natural and artificial reefs;

[8] Areas where there are marine plants;

[9] Aquaculture farms;

[10] Areas that have economic and social importance, eg public resorts and seaside developments.

Note: The risk management plans will provide action plans or procedures for mitigation of risks in these marine areas, see Paragraph 6.2.

What is the validity period for a marine risk assessment approval? The approval is valid for 3 years only, from the date of the approval letter, see Paragraph 7.1.

Could the approval period be longer than 3 years? Yes. Provided the marine activity is to stretch beyond 3 years and approval from the Director of Marine is obtained, see Paragraph 7.1.

Is it possible to obtain an exemption from conducting a marine risk assessment? The Director of Marine can do so after a discussion of the technical aspects of the marine project, see Paragraph 8.1.

What happens if the exemption if not approved? An appeal can be made by the applicant through Navigation Safety and Maritime Communication Section, for the matter to be considered by the Head Director of Marine, see Paragraph 8.1.

Who are recognized consultants for marine risk assessment? These are consultant companies that have the competency and expertise which have been recognized after an evaluation, to have met the conditions imposed by the Marine Department of Malaysia, see Paragraph 9.1.

What are the contents of the marine risk assessment report? Paragraph 10.2 lists down the minimum mandatory requirements:

[1] Name, address, telephone / fax number, email of the proponent company (ie the applicant);

[2] Name, address, telephone / fax number, email of the consultant company;

[3] Title of the report and project;

[4] Completion date of the report;

[5] Reference number of the report;

[6] Revision number or series of revision for that report;

[7] Every page should have footnotes (ie for date and title);

[8] Every page should have the logo of the consultant in the header;

[9] Each report should be verified and signed by the Management of the applicant and consultant companies;

[10] The report should be bound (ie either using tape or ring binding);

Are there ‘unrestricted’ parts in the marine risk assessment report? Yes. This is provided for in Paragraph 10.2(xi) where the author has the freedom to add more details:

[1] Executive summary;

[2] Introduction;

[3] Project background and location;

[4] Study scope;

[5] Research methodology;

[6] Sea State, physical environment and climate condition,including:

[a] Verification of data sources;

[b] Wind;

[c] Squalls;

[d] Tidal;

[e] Current;

[f] Wave.

[7] Safe of navigation assessment;

[8] Protection of marine environment assessment;

[9] Maritime security assessment;

[10] Navigational simulation studies (if applicable);

[11] Hazard identification (HAZID) analysis;

[12] Risk assessment tools;

[13] Risk control options and mitigation measures;

[14] Summary of findings and recommendation(s).

What happens if the marine assessment report is not made in the required format? The entire report will not be processed and its contents will not be considered, see Paragraph 10.3.

What are the mandatory accompanying documents for the marine risk assessment report? Paragraph 11.1 lists the following documents:

[1] Official letter on the handover of the marine risk assessment report, and the mandatory documents from the proponent company and appointed consultant (together with appointment letter);

[2] Two hard copies of the marine risk assessment report;

[3] One soft copy of the marine risk assessment report in PDF format, stored in a pen-drive / flash-drive;

[4] One soft copy of the proposal paper in PDF format, stored in a pen-drive / flash-drive;

[5] One copy of the appointment letter to the consultant company issued by the proponent company;

What happens if there is a failure to submit the accompanying mandatory documents? The proponent company’s application cannot be processed and would in all likelihood be rejected, see Paragraph 11.2.

What is the method of handover of the application, report and supporting documents? Documents can be submitted through the post. The date stamped on the envelope is taken to be date of submission of the documents. If the date on the envelope is not legible, the date of handover is assumed to be three days before the documents have been handed in, see Paragraph 13.1.

What happens at the Committee Meeting evaluating the marine risk assessment report? Evaluators check, evaluate and certify the content of the marine risk assessment report, see Paragraph 14.1.

What is the minimum number for the evaluation committee? Not less than 5 persons. This includes the Chairperson and 4 evaluators, see Paragraph 15.1.

When will the result of the evaluation meeting be released? It will be released via an official letter with 3 working days of the date of the meeting, see Paragraph 16.1.

What are the general terms of reference for the writing of the maritime risk assessment report? Paragraph 17 identifies the following general areas:

[1] Baseline study areas;

[2] Safety of navigation;

[3] Protection of the marine environment;

[4] Maritime security;

[5] Hazard Identification (HAZID);

[6] Risk Management Tools;

[7] Risk Control and Mitigation Measures;

[8] Summary of Findings and Recommendations.

Thank you for reading IMSML Website Article 20/2025

Stay tuned for the next IMSML Website Article 21/2025: MSN 05/2024 - Announcement of Qualifications and Need for Training for Ships Traffic Services

Signing-off for today,

Dr Irwin Ooi Ui Joo, LL.B(Hons.)(Glamorgan); LL.M (Cardiff); Ph.D (Cardiff); CMILT

Professor of Maritime and Transport Law

Head of the Centre for Advocacy and Dispute Resolution

Faculty of Law

Universiti Teknologi MARA Shah Alam

Selangor, Malaysia

Tuesday,  20 May 2025

Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my