IMSML Website Article 37/2023: MSN09/2023 - CONDITIONS FOR THE CARRIAGE OF HEAVY GRADE OILS AS CARGO ON OIL TANKERS REGISTERED IN MALAYSIA

MSN09/2023 is issued under the Merchant Shipping (Amendment and Extension) Act 2007 [A1316], Section 519A. This section informs the shipping community of the restrictions and conditions required for the carriage of heavy grade oils on Malaysian registered oil tankers, see Para [1]. MSN09/2023 revokes two previous Malaysia Shipping Notices MSN16/2020 and MSN22/2020 with immediate effect, see Para [7]. MSN09/2023 came into force on 1 June 2023, see Para [7].

Heavy Grade Oil (HGO)

HGO is defined in Regulation 21 of MARPOL Annex I to mean any of the following:

[1] Crude oil having a density at 15 degrees Celsius higher than 900 kg/m3;

[2] Oils other than crude oil having either of the following densities:

[a] Density at 15 degrees Celsius higher than 900 kg/m3;

[b] Kinematic viscosity at 50 degrees Celsius higher than 180 mm2/s.

[3] Bitumen, tar and their emulsions.

Oil Tanker

In the context of MSN 09/2023, ‘oil tanker’ means a ship, a barge or a licensed boat, constructed or adapted primarily to carry oil as cargo, see Para [3].

Existing Malaysian Flagged Oil Tankers Delivered Before 6 July 1996

Pursuant to Para [4], cargoes ‘Other Than Heavy Grade Oil’ may be carried by ‘Single Hull-Single Bottom’ or ‘Single Hull-Double Bottom’ oil tanker delivered before 6 July 1996. Carriage of these cargoes are, however, subject to the the following conditions:

[1] The oil tanker has a a maximum 5,000 tonnes deadweight;

[2] The plying limit are restricted to Malaysian waters;

[3] The tanker is classed with a ‘Recognised Organisation’. Note that this organisation must be approved by the Marine Department of Malaysia (MARDEP), and provided with the appropriate Class Notations.

Oil Tankers Delivered On or After 6 July 1996

As of 1 October 2020 or after, for Oil Tankers of 600 dwt and above delivered on or before 6 July 1996, if not registered under the Flag of Malaysia, is expected to comply fully with Regulation 19 of MARPOL Annex I. (Note that this is a requirement for double hull and double bottom requirement for oil tankers delivered on or after 6 July 1996), see Para [5].

Oil Tankers of Less Than 600 DWT

Cargo other than 'heavy grade oil' can be carried by 'oil tankers' of less than 600 tonnes. However the plying limit shall be restricted to Malaysian waters, see Para [6].

Thank you for reading IMSML Website Article 37/2023

Stay tuned for the next IMSML Website Article 38/2023: MSN10/2023 - UPDATED LIST OF YACHTS AGENTS UNDER THE LANGKAWI INTERNATIONAL YACHT REGISTRY (REGISTRATION OF YACHTING ENTITIES)

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

Friday, 27 October 2023

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